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First Session, Forty-second Parliament, 64-65-66 Elizabeth II, 2015-2016-2017
STATUTES OF CANADA 2017
CHAPTER 28
An Act providing for the development of a framework on palliative care in Canada
ASSENTED TO DECEMBER 12, 2017 BILL C-277
SUMMARY This enactment provides for the development of a framework designed to support improved access for Canadians to palliative care.
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64-65-66 ELIZABETH II
CHAPTER 28
An Act providing for the development of a framework on palliative care in Canada [Assented to 12th December, 2017] Preamble
Whereas the Final Report of the External Panel on Options for a Legislative Response to Carter v. Canada emphasizes the importance of palliative care in the context of physician-assisted dying; Whereas the Final Report stated that a request for physician-assisted death cannot be truly voluntary if the option of proper palliative care is not available to alleviate a person’s suffering; And whereas the Parliament of Canada recognizes the importance of ensuring that all Canadians have access to high-quality palliative care, especially in the context of physician-assisted death;
Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Short Title Short title 1 This Act may be cited as the Framework on Palliative
Care in Canada Act.
Framework on Palliative Care in Canada Development and implementation 2 (1) The Minister of Health must, in consultation with
the representatives of the provincial and territorial governments responsible for health, as well as with palliative care providers, develop a framework designed to support improved access for Canadians to palliative care — provided through hospitals, home care, long-term care facilities and residential hospices — that, among other things,
2015-2016-2017
Chapter 28: Framework on Palliative Care in Canada Act Framework on Palliative Care in Canada Sections 2-4
(a) defines what palliative care is; (b) identifies the palliative care training and education needs of health care providers as well as other caregivers; (c) identifies measures to support palliative care
providers; (d) promotes research and the collection of data on palliative care; (e) identifies measures to facilitate a consistent access
to palliative care across Canada; (f) takes into consideration existing palliative care frameworks, strategies and best practices; and (g) evaluates the advisability of re-establishing the
Department of Health’s Secretariat on Palliative and End-of-Life Care.
Conference (2) The Minister must initiate the consultations referred to in subsection (1) within six months after the day on which this Act comes into force.
Report to Parliament 3 (1) The Minister of Health must prepare a report setting out the framework on palliative care and cause the report to be laid before each House of Parliament within one year after the day on which this Act comes into force. Publication of report (2) The Minister must post the report on the departmental Web site within 10 days after the day on which the report is tabled in Parliament.
State of Palliative Care in Canada Review and report 4 (1) Within five years after the day on which the report referred to in section 3 is tabled in Parliament, the Minister of Health must prepare a report on the state of palliative care in Canada, and cause the report to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the report is completed.
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Chapter 28: Framework on Palliative Care in Canada Act State of Palliative Care in Canada Section 4
Publication of report (2) The Minister must post the report on the departmental Web site within 10 days after the day on which the report is tabled in Parliament.
Published under authority of the Speaker of the House of Commons 2015-2016-2017
Disponible sur le site Web de la Chambre des comm
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First Session, Forty-second Parliament, 64-65-66 Elizabeth II, 2015-2016-2017
STATUTES OF CANADA 2017
CHAPTER 16
An Act respecting the development of a national strategy for the safe and environmentally sound disposal of lamps containing mercury
ASSENTED TO JUNE 22, 2017 BILL C-238
SUMMARY This enactment provides for the development and implementation of a national strategy to promote the safe and environmentally sound disposal of lamps containing mercury.
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64-65-66 ELIZABETH II
CHAPTER 16
An Act respecting the development of a national strategy for the safe and environmentally sound disposal of lamps containing mercury [Assented to 22nd June, 2017] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Short Title Short title 1 This Act may be cited as the National Strategy for
Safe and Environmentally Sound Disposal of Lamps Containing Mercury Act.
National Strategy National strategy 2 The Minister of the Environment, in cooperation with
representatives of the provincial and territorial governments and with representatives of other interested governments in Canada that are responsible for the environment, and in consultation with all interested persons or organizations that he or she considers appropriate, must develop a national strategy for the safe and environmentally sound disposal of lamps containing mercury. The strategy may include (a) the identification of practices for the safe and environmentally sound disposal of those lamps; (b) the establishment of guidelines for facilities where
activities involved in the safe and environmentally sound disposal of those lamps are carried out; and (c) the development of a plan to promote public
awareness of the importance of those lamps being disposed of safely and in an environmentally sound manner.
2015-2016-2017
Chapter 16: National Strategy for Safe and Environmentally Sound Disposal of Lamps Containing Mercury Act National Strategy Sections 3-4
Report to Parliament 3 (1) The Minister of the Environment must prepare a
report setting out the national strategy and cause the report to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the later of December 31, 2018, and the day that is two years after the day on which this Act receives royal assent. Publication of report (2) The Minister must post the report on the departmental website within 10 days after the day on which the report is tabled in Parliament.
Review and Report Review and Report 4 Within five years of the tabling of the report referred to in section 3, and every five years after that, the Minister of the Environment must prepare a report on the effectiveness of the national strategy, setting out his or her conclusions and recommendations regarding the strategy, and cause a copy of the report to be laid before each House of Parliament on any of the first 15 days on which that House is sitting following the completion of the report.
Published under authority of the Speaker of the House of Commons 2015-2016-2017
Disponible sur le site Web du Parlem
http://www
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First Session, Forty-second Parliament, 64-65-66 Elizabeth II, 2015-2016-2017
STATUTES OF CANADA 2017
CHAPTER 17
An Act for granting to Her Majesty certain sums of money for the federal public administration for the fiscal year ending March 31, 2018
ASSENTED TO JUNE 22, 2017 BILL C-53
SUMMARY This enactment grants the sum of $72,025,032,187.56 towards defraying charges and expenses of the federal public administration for the fiscal year ending March 31, 2018 that are not otherwise provided for.
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64-65-66 ELIZABETH II
CHAPTER 17
An Act for granting to Her Majesty certain sums of money for the federal public administration for the fiscal year ending March 31, 2018 [Assented to 22nd June, 2017] MOST GRACIOUS SOVEREIGN, Preamble
Whereas it appears by message from His Excellency the Right Honourable David Johnston, Governor General and Commander-in-Chief of Canada, and the Estimates accompanying that message, that the sums mentioned below are required to defray certain expenses of the federal public administration, not otherwise provided for, for the fiscal year ending March 31, 2018, and for other purposes connected with the federal public administration; May it therefore please Your Majesty, that it may be enacted, and be it enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, that: Short title 1 This Act may be cited as the Appropriation Act No. 2,
2017–18. $72,025,032,187.56 granted for 2017–18 2 There may be paid out of the Consolidated Revenue
Fund a sum not exceeding in the aggregate $72,025,032,187.56 towards defraying the various charges and expenses of the federal public administration for the fiscal year ending March 31, 2018, not otherwise provided for, which is the total of the following amounts: (a) $67,463,262,899.31, which is the total of the amounts of the items set out in the Proposed Schedule 1 set out in the Annex to the Main Estimates for the fiscal year ending March 31, 2018 and in Schedule 1 to this Act less the total of the interim appropriations
2015-2016-2017
Chapter 17: Appropriation Act No. 2, 2017–18 Sections 2-4
granted on account of those items by Appropriation Act No. 1, 2017–18, and (b) $4,561,769,288.25, which is the total of the amounts of the items set out in the Proposed Schedule 2 set out in the Annex to those Estimates and in Schedule 2 to this Act less the total of the interim appropriations granted on account of those items by Appropriation Act No. 1, 2017–18.
Purpose of each item 3 (1) The amount authorized by this Act to be paid in respect of an item may be paid only for the purposes, and subject to any terms and conditions, specified in the item. Effective date (2) The provisions of each item set out in Schedules 1
and 2 are deemed to have effect as of April 1, 2017. Commitments 4 (1) Where an item in the Estimates referred to in section 2 confers authority to enter into commitments up to an amount stated in those Estimates or increases the amount up to which commitments may be entered into under any other Act, or where a commitment is to be entered into under subsection (2), the commitment may be entered into in accordance with the terms of that item or in accordance with that subsection if the amount of the commitment proposed to be entered into, together with all previous commitments entered into in accordance with this section or under that other Act, does not exceed the total amount of the commitment authority stated in that item or calculated in accordance with that subsection. Commitment limits — revenue-spending authority (2) Where an item in the Estimates referred to in section
2 or a provision of any Act confers authority to spend revenues, commitments may be entered into in accordance with the terms of that item or provision up to an amount equal to the aggregate of (a) the amount, if any, appropriated in respect of that
item or provision, and (b) whichever is greater: the amount of revenues actually received or the amount of the estimated revenues set out in those Estimates for that item or in respect of that provision.
2015-2016-2017
Chapter 17: Appropriation Act No. 2, 2017–18 Sections 5-6
Adjustments in accounts of Canada — Schedule 1 5 An appropriation that is granted by this Act or any other Act and referred to in Schedule 1 may be charged after the end of the fiscal year for which the appropriation is granted at any time before the day on which the Public Accounts for that fiscal year are tabled in Parliament, for the purpose of making adjustments in the accounts of Canada for that fiscal year that do not require payments out of the Consolidated Revenue Fund.
Adjustments in accounts of Canada — Schedule 2 6 (1) An appropriation that is granted by this Act or any
other Act and referred to in Schedule 2 may be charged after the end of the fiscal year following the fiscal year for which the appropriation is granted at any time before the day on which the Public Accounts for that second fiscal year are tabled in Parliament, for the purpose of making adjustments in the accounts of Canada for that second fiscal year that do not require payments out of the Consolidated Revenue Fund. Order of payment (2) Despite any other provision of this Act, amounts appropriated by this Act and set out in Schedule 2 may be paid and applied at any time on or before March 31, 2019, so long as every payment is charged first against the relevant amount appropriated under any Act that is earliest in time until that amount is exhausted, next against the relevant amount appropriated under any other Act, including this Act, that is next in time until that amount is exhausted and so on. The balance of amounts so appropriated by this Act that have not been charged, subject to the adjustments referred to in section 37 of the Financial Administration Act, lapse at the end of the fiscal year following the fiscal year ending March 31, 2018.
2015-2016-2017
Chapter 17: Appropriation Act No. 2, 2017–18 SCHEDULE 1
SCHEDULE 1
Based on the Main Estimates 2017–18, the amount granted is $67 out in this Schedule ($96,083,638,251) less the total of the interim tion Act No. 1, 2017–18 ($28,620,375,351.69).
Sums granted to Her Majesty by this Act for the fiscal year ending Vote No.
Items
ADMINISTRATIVE TRIBUNALS SUPPORT SERVICE OF CAN Service canadien d’appui aux tribunaux administratifs 1
– Program expenditures
– Authority to make recoverable expenditures in relation Canada Pension Plan and the Employment Insurance A
ATLANTIC CANADA OPPORTUNITIES AGENCY Agence de promotion économique du Canada atlantiqu 1
– Operating expenditures
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rata a year — that does not exceed the salary paid under the under section 67 of the Parliament of Canada Act, to m side over ministries of State 5
– The grants listed in any of the Estimates for the fiscal ye – Contributions ATOMIC ENERGY OF CANADA LIMITED Énergie atomique du Canada limitée
– Payments to the corporation for operating and capital e CANADA COUNCIL FOR THE ARTS Conseil des Arts du Canada
– Payments to the Council to be used for the furtherance section 8 of the Canada Council for the Arts Act CANADA MORTGAGE AND HOUSING CORPORATION Société canadienne d’hypothèques et de logement
– Payments to reimburse the Corporation for the amount grants, contributions and expenditures made, and losse curred, (a) under the National Housing Act; or
(b) in the course of the exercise of powers or the car functions conferred on the Corporation under any o accordance with the Corporation’s authority under t Housing Corporation Act CANADA POST CORPORATION Société canadienne des postes 1
– Payments to the Corporation for special purposes CANADA SCHOOL OF PUBLIC SERVICE École de la fonction publique du Canada
– Program expenditures
2015-2016-2017
Chapter 17: Appropriation Act No. 2, 2017–18 SCHEDULE 1
Vote No.
Items
CANADIAN AIR TRANSPORT SECURITY AUTHORITY Administration canadienne de la sûreté du transport aé 1
– Payments to the Authority for operating and capital exp CANADIAN BROADCASTING CORPORATION Société Radio-Canada
– Payments to the Corporation for operating expenditures
– Payments to the Corporation for working capital
– Payments to the Corporation for capital expenditures
CANADIAN CENTRE FOR OCCUPATIONAL HEALTH AND S Centre canadien d’hygiène et de sécurité au travail 1
– Program expenditures CANADIAN DAIRY COMMISSION Commission canadienne du lait
– Program expenditures CANADIAN ENVIRONMENTAL ASSESSMENT AGENCY Agence canadienne d’évaluation environnementale
– Program expenditures – Contributions
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal (a) the conduct of environmental assessments by a (b) the provision of training; and
(c) the provision of internal support services under s CANADIAN FOOD INSPECTION AGENCY Agence canadienne d’inspection des aliments 1
– Operating expenditures – Contributions
– Capital expenditures CANADIAN GRAIN COMMISSION Commission canadienne des grains
– Program expenditures
CANADIAN HIGH ARCTIC RESEARCH STATION Station canadienne de recherche dans l’Extrême-Arctiq 1
– Program expenditures
– The grants listed in any of the Estimates for the fiscal ye – Contributions
2015-2016-2017
Chapter 17: Appropriation Act No. 2, 2017–18 SCHEDULE 1
Vote No.
Items CANADIAN HUMAN RIGHTS COMMISSION Commission canadienne des droits de la personne
– Program expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela incurs in that fiscal year — revenues that it receives in t provision of internal support services under section 29. CANADIAN INSTITUTES OF HEALTH RESEARCH Instituts de recherche en santé du Canada 1
– Operating expenditures
– The grants listed in any of the Estimates for the fiscal ye
CANADIAN INTERGOVERNMENTAL CONFERENCE SECRE Secrétariat des conférences intergouvernementales can 1
– Program expenditures CANADIAN MUSEUM FOR HUMAN RIGHTS Musée canadien des droits de la personne
– Payments to the Museum for operating and capital expe CANADIAN MUSEUM OF HISTORY Musée canadien de l’histoire
– Payments to the Museum for operating and capital expe CANADIAN MUSEUM OF IMMIGRATION AT PIER 21 Musée canadien de l’immigration du Quai 21
– Payments to the Museum for operating and capital expe CANADIAN MUSEUM OF NATURE Musée canadien de la nature
– Payments to the Museum for operating and capital expe
CANADIAN NORTHERN ECONOMIC DEVELOPMENT AGEN Agence canadienne de développement économique du 1
– Operating expenditures
– Contributions CANADIAN NUCLEAR SAFETY COMMISSION Commission canadienne de sûreté nucléaire
– Program expenditures
– The grants listed in any of the Estimates for the fiscal ye – Contributions
2015-2016-2017
Chapter 17: Appropriation Act No. 2, 2017–18 SCHEDULE 1
Vote No.
Items
CANADIAN RADIO-TELEVISION AND TELECOMMUNICAT Conseil de la radiodiffusion et des télécommunications 1
– Program expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal munications Fees Regulations, 2010, the Broadcasting L 1997 and the Unsolicited Telecommunications Fees Reg enues that it receives in that fiscal year from activities r its operations, up to amounts approved by the Treasury CANADIAN SECURITY INTELLIGENCE SERVICE Service canadien du renseignement de sécurité 1
– Program expenditures CANADIAN SPACE AGENCY Agence spatiale canadienne
– Operating expenditures
– Capital expenditures
– The grants listed in any of the Estimates for the fiscal ye – Contributions CANADIAN TOURISM COMMISSION Commission canadienne du tourisme
– Payments to the Commission
CANADIAN TRANSPORTATION ACCIDENT INVESTIGATIO Bureau canadien d’enquête sur les accidents de transpo transports 1
– Program expenditures CANADIAN TRANSPORTATION AGENCY Office des transports du Canada
– Program expenditures
CIVILIAN REVIEW AND COMPLAINTS COMMISSION FOR MOUNTED POLICE Commission civile d’examen et de traitement des plain Gendarmerie royale du Canada 1
– Program expenditures COMMUNICATIONS SECURITY ESTABLISHMENT Centre de la sécurité des télécommunications
– Program expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal including the provision of internal support services und
2015-2016-2017
Chapter 17: Appropriation Act No. 2, 2017–18 SCHEDULE 1
Vote No.
Items COPYRIGHT BOARD Commission du droit d’auteur
– Program expenditures CORRECTIONAL SERVICE OF CANADA Service correctionnel du Canada
– Operating expenditures
– The grants listed in any of the Estimates for the fiscal ye – Contributions
– Authority to deposit into the Inmate Welfare Fund reven cal year from projects operated by inmates and finance
– Authority to operate canteens in federal institutions and fiscal year, revenue from sales into the Inmate Welfare
– Payments, in accordance with terms and conditions pre in Council,
(a) to or on behalf of discharged inmates who suffer caused by participation in normal program activity i
(b) to dependants of deceased inmates and discharg deaths resulted from participation in normal progra tutions
– Authority for the Minister of Public Safety and Emergen to the approval of the Governor in Council, to enter into province for
(a) the confinement in institutions of that province o committed or transferred to a penitentiary;
(b) compensation for the maintenance of such perso
(c) payment in respect of the construction and relate tions 5
– Capital expenditures, including
(a) payments to aboriginal communities, as defined rections and Conditional Release Act, in connection rectional services under an agreement referred to in and
(b) payments to non-profit organizations involved in operations, provinces and municipalities towards th tion costs COURTS ADMINISTRATION SERVICE Service administratif des tribunaux judiciaires 1
– Program expenditures DEPARTMENT OF AGRICULTURE AND AGRI-FOOD Ministère de l’Agriculture et de l’Agroalimentaire
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal (a) collaborative research agreements and research
(b) the grazing and breeding activities of the Commu
(c) the administration of the AgriStability program; a
(d) the provision of internal support services under s
2015-2016-2017
Chapter 17: Appropriation Act No. 2, 2017–18 SCHEDULE 1
Vote No.
Items
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rata a year — that does not exceed the salary paid under the under section 67 of the Parliament of Canada Act, to m side over ministries of State 5 10
– Capital expenditures
– The grants listed in any of the Estimates for the fiscal ye – Contributions DEPARTMENT OF CANADIAN HERITAGE Ministère du Patrimoine canadien
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal
(a) the activities of the Canadian Conservation Instit itage Information Network and the Canadian Audio(b) activities undertaken under the Capital Experienc
(c) the provision of internal support services under s
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rata a year — that does not exceed the salary paid under the under section 67 of the Parliament of Canada Act, to m side over ministries of State 5
– The grants listed in any of the Estimates for the fiscal ye – Contributions DEPARTMENT OF CITIZENSHIP AND IMMIGRATION Ministère de la Citoyenneté et de l’Immigration
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela incurs in that fiscal year from the provision of services Experience Canada — revenues that it receives in that fi sion of those services
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rata a year — that does not exceed the salary paid under the under section 67 of the Parliament of Canada Act, to m side over ministries of State 5
– Capital expenditures
– The grants listed in any of the Estimates for the fiscal ye
– Contributions, including the provision of goods and ser
DEPARTMENT OF EMPLOYMENT AND SOCIAL DEVELOPM Ministère de l’Emploi et du Développement social 1
– Operating expenditures
2015-2016-2017
Chapter 17: Appropriation Act No. 2, 2017–18 SCHEDULE 1
Vote No.
Items
– Authority to make recoverable expenditures in relation Canada Pension Plan and the Employment Insurance A
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela incurs in that fiscal year — revenues that it receives in t
(a) the provision of Public Access Programs Sector s
(b) the provision of services to assist provinces in th provincial programs funded under Labour Market D
(c) the provision of services on behalf of other feder ments;
(d) the provision of internal support services under s
(e) any amount charged to a Crown corporation und Government Employees Compensation Act in relatio for subrogated claims for Crown corporations; and
(f) the portion of the Government Employees Comp tal or agency subrogated claim settlements related t
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rata a year — that does not exceed the salary paid under the under section 67 of the Parliament of Canada Act, to m side over ministries of State 5
– The grants listed in any of the Estimates for the fiscal ye – Contributions DEPARTMENT OF FINANCE Ministère des Finances
– Program expenditures – Contributions
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela incurs in that fiscal year — revenues that it receives in t provision of internal support services under section 29.
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rata a year — that does not exceed the salary paid under the under section 67 of the Parliament of Canada Act, to m side over ministries of State 5
– Pursuant to subsection 8(2) of the Bretton Woods and R the amount of financial assistance provided by the Min direct payments to the International Development Asso ceed $441,610,000 in the fiscal year 2017–18 DEPARTMENT OF FISHERIES AND OCEANS Ministère des Pêches et des Océans
– Operating expenditures
– Canada’s share of expenses of the international fisherie – Authority to provide free office accommodation for the commissions
– Authority to make recoverable advances in the amounts ternational fisheries commissions of joint cost projects
2015-2016-2017
Chapter 17: Appropriation Act No. 2, 2017–18 SCHEDULE 1
Vote No.
Items
– Authority to make recoverable advances for transportat er shipping services performed for individuals, outside ernments in the course of, or arising out of, the exercis tion, including aids to navigation and shipping
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal (a) in the course of, or arising from, the activities of Guard; and
(b) from the provision of internal support services u Act
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rata a year — that does not exceed the salary paid under the under section 67 of the Parliament of Canada Act, to m side over ministries of State 5
– Capital expenditures
– Authority to make payments to provinces, municipalitie thorities as contributions towards construction done by – Authority for the purchase and disposal of commercial 10
– The grants listed in any of the Estimates for the fiscal ye – Contributions
DEPARTMENT OF FOREIGN AFFAIRS, TRADE AND DEVEL Ministère des Affaires étrangères, du Commerce et du 1
– Operating expenditures, including those related to the a representatives abroad, to the staff of those representa ment of Canadians to the staffs of international organiz
– Authority to make recoverable advances to internationa amounts not exceeding the amounts of the shares of th
– Expenditures in respect of the provision of office accom tional Civil Aviation Organization
– Authority to make recoverable expenditures for assistan distressed Canadian citizens and Canadian residents liv their dependants
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela incurs in that fiscal year — revenues that it receives in t (a) trade and education fairs; (b) departmental publications; and (c) the following services:
(i) training services provided by the Canadian Fo
(ii) trade missions and other international busine (iii) investment development services, (iv) international telecommunication services,
(v) other services provided abroad to other depa Crown corporations and non-federal organization (vi) specialized consular services
2015-2016-2017
Chapter 17: Appropriation Act No. 2, 2017–18 SCHEDULE 1
Vote No.
Items
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rata a year — that does not exceed the salary paid under the under section 67 of the Parliament of Canada Act, to m side over ministries of State 5 10
– Capital expenditures
– The grants listed in any of the Estimates for the fiscal ye
– Contributions, including payments for other specified p sion of goods and services for (a) the promotion of trade and investment; and
(b) international humanitarian assistance and assist national security, international development and glo 15
– Payments made
(a) in respect of pension, insurance and social secur rangements for employees locally engaged outside
(b) in respect of the administration of such program cluding premiums, contributions, benefit payments, tures made in respect of such employees and for an Treasury Board determines 20
– Pursuant to subsection 12(2) of the International Develo tions) Assistance Act, the amount of financial assistanc ter of Foreign Affairs, in consultation with the Minister rect payments for the purpose of contributions to the in tutions may not exceed $227,048,000 in the fiscal year 2
L25
– Pursuant to subsection 12(2) of the International Develo tions) Assistance Act, the amount of financial assistanc ter of Foreign Affairs, in consultation with the Minister purchase of shares of international financial institutions ceed $30,420,000 in United States dollars in the fiscal y amount is estimated in Canadian dollars at $39,860,000 DEPARTMENT OF HEALTH Ministère de la Santé
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal
(a) the provision of services or the sale of products r tion, regulatory activities and medical services; and
(b) the provision of internal support services under s
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rata a year — that does not exceed the salary paid under the under section 67 of the Parliament of Canada Act, to m side over ministries of State 5
– Capital expenditures
– Contributions, in the form of monetary payments or the services
2015-2016-2017
Chapter 17: Appropriation Act No. 2, 2017–18 SCHEDULE 1
Vote No.
Items
DEPARTMENT OF INDIAN AFFAIRS AND NORTHERN DEV Ministère des Affaires indiennes et du Nord canadien 1
– Operating expenditures – Expenditures on works, buildings and equipment
– Authority to make expenditures — recoverable or otherw formed on property that is not federal property and on spect of that property
– Authority to provide, in respect of Indian and Inuit econ ties, for the capacity development for Indians and Inuit terials and equipment – Authority to sell electric power to private consumers in alternative local sources of supply are not available, in and conditions approved by the Governor in Council
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela incurs in that fiscal year — revenues that it receives in t provision of internal support services under section 29.
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rata a year — that does not exceed the salary paid under the under section 67 of the Parliament of Canada Act, to m side over ministries of State 5
– Capital expenditures – Expenditures on buildings, works, land and equipment ownership of which
(a) may be transferred to provincial governments on approved by the Governor in Council; or
(b) may be transferred to Indian bands, groups of In ans at the discretion of the Minister of Indian Affairs ment – Expenditures on buildings, works, land and equipment federal property
– Authority to make recoverable expenditures on roads a amounts not exceeding the shares of provincial govern 10
– The grants listed in any of the Estimates for the fiscal ye – Contributions
L15
– Loans to native claimants in accordance with terms and the Governor in Council for the purpose of defraying co development and negotiation of claims
L20
– Loans to First Nations in British Columbia for the purpo participation in the British Columbia Treaty Commissio DEPARTMENT OF INDUSTRY Ministère de l’Industrie
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal
(a) the provision of internal support services under s and the provision of internal support services to the Property Office;
2015-2016-2017
Chapter 17: Appropriation Act No. 2, 2017–18 SCHEDULE 1
Vote No.
Items
(b) activities and operations related to communicati munications Research Centre;
(c) services and insolvency processes under the Ban Act at the Office of the Superintendent of Bankruptc
(d) activities and operations carried out by Corporat Canada Business Corporations Act, the Boards of Tr operatives Act, the Canada Not-for-profit Corporatio Corporations Act; and
(e) services and regulatory processes for mergers an ters, including pre-merger notifications, advance rul ten opinions, under the Competition Act at the Com
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rata a year — that does not exceed the salary paid under the under section 67 of the Parliament of Canada Act, to m side over ministries of State 5 10
– Capital expenditures
– The grants listed in any of the Estimates for the fiscal ye – Contributions
L15
– Payments under subsection 14(2) of the Department of
L20
– Loans under paragraph 14(1)(a) of the Department of In DEPARTMENT OF JUSTICE Ministère de la Justice
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal
(a) the provision of mandatory legal services to fede agencies;
(b) the provision to Crown corporations, non-federa national organizations of optional legal services tha Department’s mandate; and
(c) the provision of internal support services under s
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rata a year — that does not exceed the salary paid under the under section 67 of the Parliament of Canada Act, to m side over ministries of State 5
– The grants listed in any of the Estimates for the fiscal ye – Contributions DEPARTMENT OF NATIONAL DEFENCE Ministère de la Défense nationale
– Operating expenditures
– Authority for total commitments, subject to allotment b of $29,570,334,909 for the purposes of Votes 1, 5 and 10 gardless of the year in which the payment of those com which it is estimated that $11,760,112,207 will come du years)
2015-2016-2017
Chapter 17: Appropriation Act No. 2, 2017–18 SCHEDULE 1
Vote No.
Items
– Authority, subject to the direction of the Treasury Board penditures or advances in respect of materials supplied formed on behalf of, individuals, corporations, outside departments and agencies and other governments – Authority to make payments
(a) in respect of pension, insurance and social secur rangements for employees locally engaged outside
(b) in respect of the administration of such program cluding premiums, contributions, benefit payments, tures made in respect of such employees and for an Treasury Board determines
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela incurs in that fiscal year — revenues that it receives in t from the provision of internal support services under se
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rata a year — that does not exceed the salary paid under the under section 67 of the Parliament of Canada Act, to m side over ministries of State 5
– Capital expenditures
– The grants listed in any of the Estimates for the fiscal ye which grants and contributions may include
(a) monetary payments or, in lieu of payment made (i) the provision of goods or services, or (ii) the provision of the use of facilities; and
(b) the contributions that may be approved by the G cordance with section 3 of The Defence Appropriatio
(i) for the provision or transfer of defence equipm
(ii) for the provision of services for defence purpo
(iii) for the provision or transfer of supplies or fac poses DEPARTMENT OF NATURAL RESOURCES Ministère des Ressources naturelles 1
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal (a) the sale of forestry and information products;
(b) the issue of licences, permits and certificates und the Explosives Regulations, 2013;
(c) training and certification activities related to the A ferred to in paragraph (b);
(d) research, consultation, testing, analysis, and adm part of the departmental operations; and
(e) the provision of internal support services under s cial Administration Act
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rata a year — that does not exceed the salary paid under the under section 67 of the Parliament of Canada Act, to m side over ministries of State
2015-2016-2017
Chapter 17: Appropriation Act No. 2, 2017–18 SCHEDULE 1
Vote No.
Items
– Capital expenditures
– The grants listed in any of the Estimates for the fiscal ye – Contributions
DEPARTMENT OF PUBLIC SAFETY AND EMERGENCY PRE Ministère de la Sécurité publique et de la Protection civ 1
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela incurs in that fiscal year — revenues that it receives in t from the provision of internal support services under se
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rata a year — that does not exceed the salary paid under the under section 67 of the Parliament of Canada Act, to m side over ministries of State 5
– The grants listed in any of the Estimates for the fiscal ye – Contributions
DEPARTMENT OF PUBLIC WORKS AND GOVERNMENT S Ministère des Travaux publics et des Services gouverne 1
– Operating expenditures for the provision of accommod tral services
– Authority to make recoverable expenditures in relation Canada Pension Plan, the Employment Insurance Act a Management Act
– Authority to expend revenues received during the fiscal modation, common and central services
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal provision of internal support services under section 29.
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rata a year — that does not exceed the salary paid under the under section 67 of the Parliament of Canada Act, to m side over ministries of State 5
– Capital expenditures including expenditures on works o ty
– Authority to reimburse tenants of federal property for im by the Minister of Public Works and Government Servic DEPARTMENT OF THE ENVIRONMENT Ministère de l’Environnement 1
– Operating expenditures
– Authority for the Minister of the Environment to engage by different Boards at the remuneration that those Boa
2015-2016-2017
Chapter 17: Appropriation Act No. 2, 2017–18 SCHEDULE 1
Vote No.
Items
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela incurs in that fiscal year — revenues that it receives in t provision of internal support services under section 29. provision of services or the sale of information product tions of the department funded from this Vote, includin (a) research, analysis and scientific services; (b) hydrometric surveys; (c) regulatory services;
(d) monitoring services, including monitoring servic sands; (e) entry fees; (f) permits; and (g) real property services
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rata a year — that does not exceed the salary paid under the under section 67 of the Parliament of Canada Act, to m side over ministries of State 5
– Capital expenditures
– Authority to make payments to provinces and municipa wards construction done by those bodies
– Authority to make recoverable advances not exceeding of provincial and outside agencies of the cost of joint p tures on other than federal property 10
– The grants listed in any of the Estimates for the fiscal ye
– Contributions, including ones to developing countries b Fund for the Implementation of the Montreal Protocol t tary payments or the provision of goods, equipment or DEPARTMENT OF TRANSPORT Ministère des Transports 1
– Operating expenditures
– Authority to make expenditures on other than federal p or arising out of the exercise of jurisdiction in, aeronau – Authority for the payment of commissions for revenue Aeronautics Act
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal provision of internal support services under section 29.
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rata a year — that does not exceed the salary paid under the under section 67 of the Parliament of Canada Act, to m side over ministries of State 5
– Capital expenditures
Gateways and corridors – Contributions
Transportation infrastructure
– The grants listed in any of the Estimates for the fiscal ye – Contributions
2015-2016-2017
Chapter 17: Appropriation Act No. 2, 2017–18 SCHEDULE 1
Vote No. 20
Items
Programs other than Gateways and corridors and Transpo
– The grants listed in any of the Estimates for the fiscal ye – Contributions DEPARTMENT OF VETERANS AFFAIRS Ministère des Anciens Combattants 1
– Operating expenditures
– Expenditures related to the upkeep of real property, inc other investigatory planning expenses that do not add ty, payment of taxes, insurance and public utilities
– Expenditures related to, subject to the approval of the G
(a) necessary remedial work on properties construct price contracts and sold under the Veterans’ Land A correct defects for which neither the veteran nor the financially responsible; and
(b) other work on other properties that is required to terest in those properties
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rata a year — that does not exceed the salary paid under the under section 67 of the Parliament of Canada Act, to m side over ministries of State 5
– The grants listed in any of the Estimates for the fiscal ye listed for any grant may be increased or decreased, sub the Treasury Board – Contributions
DEPARTMENT OF WESTERN ECONOMIC DIVERSIFICATIO Ministère de la Diversification de l’économie de l’Ouest 1
– Operating expenditures
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rata a year — that does not exceed the salary paid under the under section 67 of the Parliament of Canada Act, to m side over ministries of State 5
– The grants listed in any of the Estimates for the fiscal ye – Contributions
ECONOMIC DEVELOPMENT AGENCY OF CANADA FOR TH Agence de développement économique du Canada pou 1
– Operating expenditures
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rata a year — that does not exceed the salary paid under the under section 67 of the Parliament of Canada Act, to m side over ministries of State 5
– The grants listed in any of the Estimates for the fiscal ye – Contributions
2015-2016-2017
Chapter 17: Appropriation Act No. 2, 2017–18 SCHEDULE 1
Vote No.
Items
FEDERAL ECONOMIC DEVELOPMENT AGENCY FOR SOUT Agence fédérale de développement économique pour l 1
– Operating expenditures
– The grants listed in any of the Estimates for the fiscal ye – Contributions
FINANCIAL TRANSACTIONS AND REPORTS ANALYSIS CE Centre d’analyse des opérations et déclarations financi 1
– Program expenditures HOUSE OF COMMONS Chambre des communes
– Program expenditures, including payments in respect o Members’ constituency offices – Contributions
– Authority to expend revenues that it receives during the its activities IMMIGRATION AND REFUGEE BOARD Commission de l’immigration et du statut de réfugié 1
– Program expenditures
INTERNATIONAL DEVELOPMENT RESEARCH CENTRE Centre de recherches pour le développement internatio 1
– Payments to the Centre
INTERNATIONAL JOINT COMMISSION (CANADIAN SECT Commission mixte internationale (section canadienne) 1
– Program expenditures – Expenses of the Canadian Section, including salaries – Expenses of studies, surveys and investigations by the national References – Expenses of the Commission under the Canada/United Quality Agreement LIBRARY AND ARCHIVES OF CANADA Bibliothèque et Archives du Canada
– Operating expenditures
– The grants listed in any of the Estimates for the fiscal ye – Contributions
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela incurs in that fiscal year — revenues that it receives in t viding access to the collection and from the reproductio collection 5
– Capital expenditures
2015-2016-2017
Chapter 17: Appropriation Act No. 2, 2017–18 SCHEDULE 1
Vote No.
Items LIBRARY OF PARLIAMENT Bibliothèque du Parlement
– Program expenditures
– Authority to expend revenues that it receives in the fisc tivities MARINE ATLANTIC INC. Marine Atlantique S.C.C. 1
– Payments to the corporation in respect of the costs of it – Payments to the corporation for capital expenditures
– Payments to the corporation for transportation services transportation services between Nova Scotia and Newf and related vessels, terminals and infrastructure
MILITARY GRIEVANCES EXTERNAL REVIEW COMMITTEE Comité externe d’examen des griefs militaires 1
– Program expenditures
MILITARY POLICE COMPLAINTS COMMISSION Commission d’examen des plaintes concernant la polic 1
– Program expenditures NATIONAL ARTS CENTRE CORPORATION Société du Centre national des Arts
– Payments to the Corporation for operating expenditures NATIONAL CAPITAL COMMISSION Commission de la capitale nationale
– Payments to the Commission for operating expenditure
– Payments to the Commission for capital expenditures NATIONAL ENERGY BOARD Office national de l’énergie
– Program expenditures – Contributions NATIONAL FILM BOARD Office national du film
– Program expenditures NATIONAL GALLERY OF CANADA Musée des beaux-arts du Canada
– Payments to the Gallery for operating and capital expen
– Payments to the Gallery for the acquisition of objects fo ed costs NATIONAL MUSEUM OF SCIENCE AND TECHNOLOGY Musée national des sciences et de la technologie
– Payments to the Museum for operating and capital expe
2015-2016-2017
Chapter 17: Appropriation Act No. 2, 2017–18 SCHEDULE 1
Vote No.
Items NATIONAL RESEARCH COUNCIL OF CANADA Conseil national de recherches du Canada
– Operating expenditures
– Capital expenditures
– The grants listed in any of the Estimates for the fiscal ye
– Contributions, including the provision of goods and ser Thirty Meter Telescope Observatory
NATURAL SCIENCES AND ENGINEERING RESEARCH COU Conseil de recherches en sciences naturelles et en géni 1
– Operating expenditures
– The grants listed in any of the Estimates for the fiscal ye NORTHERN PIPELINE AGENCY Administration du pipe-line du Nord
– Program expenditures – Contributions OFFICE OF INFRASTRUCTURE OF CANADA Bureau de l’infrastructure du Canada
– Operating expenditures
– Capital expenditures
– Contributions OFFICE OF THE AUDITOR GENERAL Bureau du vérificateur général
– Program expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela incurs in that fiscal year — revenues that it receives in t provision of audit professional services to members of Legislative Auditors OFFICE OF THE CHIEF ELECTORAL OFFICER Bureau du directeur général des élections 1
– Program expenditures
OFFICE OF THE COMMISSIONER FOR FEDERAL JUDICIAL Bureau du commissaire à la magistrature fédérale 1
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal of administrative services and judicial training services
– Remuneration, allowances and expenses for judges, inc the Supreme Court of Yukon, the Supreme Court of the and the Nunavut Court of Justice, not provided for by t 5
– Operating expenditures — Canadian Judicial Council
2015-2016-2017
Chapter 17: Appropriation Act No. 2, 2017–18 SCHEDULE 1
Vote No.
Items OFFICE OF THE COMMISSIONER OF LOBBYING Commissariat au lobbying
– Program expenditures
OFFICE OF THE COMMISSIONER OF OFFICIAL LANGUAGE Commissariat aux langues officielles 1
– Program expenditures
OFFICE OF THE COMMUNICATIONS SECURITY ESTABLIS Bureau du commissaire du Centre de la sécurité des tél 1
– Program expenditures
OFFICE OF THE CONFLICT OF INTEREST AND ETHICS COM Commissariat aux conflits d’intérêts et à l’éthique 1
– Program expenditures
OFFICE OF THE CO-ORDINATOR, STATUS OF WOMEN Bureau de la coordonnatrice de la situation de la femm 1
– Operating expenditures
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rata a year — that does not exceed the salary paid under the under section 67 of the Parliament of Canada Act, to m side over ministries of State 5
– The grants listed in any of the Estimates for the fiscal ye – Contributions
OFFICE OF THE CORRECTIONAL INVESTIGATOR OF CANA Bureau de l’enquêteur correctionnel du Canada 1
– Program expenditures OFFICE OF THE DIRECTOR OF PUBLIC PROSECUTIONS Bureau du directeur des poursuites pénales
– Program expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal
(a) the provision of prosecution and prosecution-rel
(b) the provision to Crown corporations, non-federa national organizations of optional prosecution and p vices that are consistent with the Office’s mandate;
(c) the provision of internal support services under s OFFICE OF THE GOVERNOR GENERAL’S SECRETARY Bureau du sécretaire du gouverneur général 1
– Program expenditures
– The grants listed in any of the Estimates for the fiscal ye
2015-2016-2017
Chapter 17: Appropriation Act No. 2, 2017–18 SCHEDULE 1
Vote No.
Items
– Expenditures incurred for former Governors General, in for their spouses, during their lifetimes and for a period their deaths, in respect of the performance of activities as a result of their having occupied the office of Govern
OFFICE OF THE PUBLIC SECTOR INTEGRITY COMMISSION Commissariat à l’intégrité du secteur public 1
– Program expenditures – Contributions OFFICE OF THE SENATE ETHICS OFFICER Bureau du conseiller sénatorial en éthique
– Program expenditures
OFFICE OF THE SUPERINTENDENT OF FINANCIAL INSTIT Bureau du surintendant des institutions financières 1
– Program expenditures
OFFICES OF THE INFORMATION AND PRIVACY COMMISS Commissariats à l’information et à la protection de la v 1 5
– Program expenditures — Office of the Information Com
– Program expenditures — Office of the Privacy Commiss – Contributions — Office of the Privacy Commissioner
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela incurs in that fiscal year — revenues that it receives in t provision of internal support services under section 29. PARLIAMENTARY PROTECTIVE SERVICE Service de protection parlementaire 1
– Program expenditures
PAROLE BOARD OF CANADA Commission des libérations conditionnelles du Canada 1
– Program expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal of services to process record suspension applications f offences under federal Acts and regulations PATENTED MEDICINE PRICES REVIEW BOARD Conseil d’examen du prix des médicaments brevetés 1
– Program expenditures PPP CANADA INC. PPP Canada Inc.
– Payments to the corporation for operating expenditures
– Payments to the corporation for P3 Canada Fund invest
2015-2016-2017
Chapter 17: Appropriation Act No. 2, 2017–18 SCHEDULE 1
Vote No.
Items PRIVY COUNCIL OFFICE Bureau du Conseil privé
– Program expenditures, including operating expenditure quiry not otherwise provided for and the operation of t dence
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela incurs in that fiscal year — revenues that it receives in t provision of internal support services under section 29.
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rata a year — that does not exceed the salary paid under the under section 67 of the Parliament of Canada Act, to m side over ministries of State PUBLIC HEALTH AGENCY OF CANADA Agence de la santé publique du Canada 1
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal products, inspection services and the provision of inter der section 29.2 of that Act 5
– Capital expenditures
– The grants listed in any of the Estimates for the fiscal ye – Contributions PUBLIC SERVICE COMMISSION Commission de la fonction publique
– Program expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal of staffing, assessment and counselling services and pr of internal support services under section 29.2 of that A REGISTRAR OF THE SUPREME COURT OF CANADA Registraire de la Cour suprême du Canada 1
– Program expenditures ROYAL CANADIAN MOUNTED POLICE Gendarmerie royale du Canada
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela incurs in that fiscal year — revenues that it receives in t from the provision of internal support services under se 5
– Capital expenditures
– The grants listed in any of the Estimates for the fiscal ye listed for any grant may be increased or decreased, sub the Treasury Board – Contributions
2015-2016-2017
Chapter 17: Appropriation Act No. 2, 2017–18 SCHEDULE 1
Vote No.
Items
ROYAL CANADIAN MOUNTED POLICE EXTERNAL REVIEW Comité externe d’examen de la Gendarmerie royale du 1
– Program expenditures SECURITY INTELLIGENCE REVIEW COMMITTEE Comité de surveillance des activités de renseignement
– Program expenditures SENATE Sénat
– Program expenditures, including payments in respect o Senators’ offices and an allowance in lieu of residence ate – Contributions SHARED SERVICES CANADA Services partagés Canada
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal of information technology services 5
– Capital expenditures
SOCIAL SCIENCES AND HUMANITIES RESEARCH COUNC Conseil de recherches en sciences humaines 1
– Operating expenditures
– The grants listed in any of the Estimates for the fiscal ye STANDARDS COUNCIL OF CANADA Conseil canadien des normes
– Payments to the Council that are referred to in paragrap Council of Canada Act STATISTICS CANADA Statistique Canada
– Program expenditures
– The grants listed in any of the Estimates for the fiscal ye
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela incurs in that fiscal year — revenues that it receives in t from the provision of internal support services under se TELEFILM CANADA Téléfilm Canada 1
– Payments to the corporation to be used for the purpose Canada Act THE FEDERAL BRIDGE CORPORATION LIMITED La Société des ponts fédéraux Limitée
– Payments to the Corporation
2015-2016-2017
Chapter 17: Appropriation Act No. 2, 2017–18 SCHEDULE 1
Vote No.
Items THE JACQUES-CARTIER AND CHAMPLAIN BRIDGES INC. Les Ponts Jacques-Cartier et Champlain Inc.
– Payments to the corporation to be applied in payment o ditures over its revenues (exclusive of depreciation on serves) in the operation of the Jacques-Cartier, Champl Bridges, a portion of the Bonaventure Autoroute, the Po Melocheville Tunnel and the Île-des-Soeurs Bypass Brid THE NATIONAL BATTLEFIELDS COMMISSION Commission des champs de bataille nationaux
– Program expenditures TREASURY BOARD SECRETARIAT Secrétariat du Conseil du Trésor
– Program expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal of internal support services under section 29.2 of that A tivities
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rata a year — that does not exceed the salary paid under the under section 67 of the Parliament of Canada Act, to m side over ministries of State 5
Government Contingencies
– Authority granted to the Treasury Board to supplement
– Authority granted to the Treasury Board to provide for m unforeseen expenditures not otherwise provided for — tributions that are not listed in any of the Estimates for increase to the amount of a grant that is listed in those those expenditures are within the legal mandate of the ganizations for which the expenditures are made – Authority to reuse any sums allotted and repaid to this appropriations 10
Government-wide Initiatives
– Authority granted to the Treasury Board to supplement for the fiscal year in support of the implementation of s tiatives in the federal public administration 20
Public Service Insurance
– Payments, in respect of insurance, pension or benefit pr ments, or in respect of the administration of such progr cluding premiums, contributions, benefits, fees and oth respect of the federal public administration, or any part any other persons that the Treasury Board determines
– Authority to expend any revenues or other amounts rec ance, pension or benefit programs or other arrangemen (a) to offset premiums, contributions, benefits, fees respect of those programs or arrangements; and
(b) to provide for the return to eligible employees of der subsection 96(3) of the Employment Insurance A 25
Operating Budget Carry Forward
– Authority granted to the Treasury Board to supplement for the fiscal year by reason of the operating budget ca vious fiscal year
2015-2016-2017
Chapter 17: Appropriation Act No. 2, 2017–18 SCHEDULE 1
Vote No. 30
Items Paylist Requirements
– Authority granted to the Treasury Board to supplement for the fiscal year for
(a) requirements related to parental and maternity a
(b) entitlements on cessation of service or employm
(c) adjustments that have not been provided from V justments, made to terms and conditions of service federal public administration, including the Royal Ca as well as of members of the Canadian Forces 33
Capital Budget Carry Forward
– Authority granted to the Treasury Board to supplement for the fiscal year by reason of the capital budget carry ous fiscal year VETERANS REVIEW AND APPEAL BOARD Tribunal des anciens combattants (révision et appel) 1
– Program expenditures VIA RAIL CANADA INC. VIA Rail Canada Inc.
– Payments to the corporation in respect of the costs of it – Payments to the corporation for capital expenditures
– Payments to the corporation for the provision of rail pas Canada in accordance with contracts entered into pursu (c)(i) of Transport Vote 52d, Appropriation Act No. 1, 19 WINDSOR-DETROIT BRIDGE AUTHORITY Autorité du pont Windsor-Détroit 1
– Payments to the Authority for the discharge of its mand Letters Patent and the Canada-Michigan Crossing Agre
2015-2016-2017
Chapter 17: Appropriation Act No. 2, 2017–18 SCHEDULE 1 (French)
ANNEXE 1
D’après le Budget principal des dépenses 2017-2018, la somme a postes figurant à la présente annexe (96 083 638 251 $), moins le to Loi de crédits no 1 pour 2017-2018 (28 620 375 351,69 $).
Sommes accordées par la présente loi à Sa Majesté pour l’exercice dées. No du crédit
Postes
ADMINISTRATION CANADIENNE DE LA SÛRETÉ DU TRAN Canadian Air Transport Security Authority 1
– Paiements à l’Administration pour les dépenses de fonc penses en capital ADMINISTRATION DU PIPE-LINE DU NORD Northern Pipeline Agency
– Dépenses du programme – Contributions
AGENCE CANADIENNE DE DÉVELOPPEMENT ÉCONOMIQ Canadian Northern Economic Development Agency 1
– Dépenses de fonctionnement
– Contributions
AGENCE CANADIENNE D’ÉVALUATION ENVIRONNEMEN Canadian Environmental Assessment Agency 1
– Dépenses du programme – Contributions
– Autorisation, au titre du paragraphe 29.1(2) de la Loi su publiques, d’affecter, au cours de l’exercice, les recette lui-ci et provenant des éléments ci-après, à la compens gées au cours de l’exercice :
a) la réalisation d’évaluations environnementales pa b) la formation;
c) la prestation de services de soutien internes en ve cette loi. AGENCE CANADIENNE D’INSPECTION DES ALIMENTS Canadian Food Inspection Agency 1
– Dépenses de fonctionnement – Contributions
– Dépenses en capital
AGENCE DE DÉVELOPPEMENT ÉCONOMIQUE DU CANAD DU QUÉBEC Economic Development Agency of Canada for the Regi 1
– Dépenses de fonctionnement
– Versement, à chacun des membres du Conseil privé de qui a qualité de ministre sans portefeuille ou de ministr rige pas un département d’État, d’un traitement n’excéd ministres d’État qui dirigent un département dʼÉtat, au tements, rajusté en application de lʼarticle 67 de la Loi s Canada et au prorata, pour toute période inférieure à u
2015-2016-2017
Chapter 17: Appropriation Act No. 2, 2017–18 SCHEDULE 1 (French)
No du crédit 5
Postes
– Subventions inscrites à tout budget des dépenses pour – Contributions AGENCE DE LA SANTÉ PUBLIQUE DU CANADA Public Health Agency of Canada
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Loi su publiques, d’affecter, au cours de l’exercice, les recette lui-ci et provenant de la vente de produits, de services tation de services de soutien internes en vertu de l’artic compensation des dépenses engagées au cours de l’ex 5
– Dépenses en capital
– Subventions inscrites à tout budget des dépenses pour – Contributions
AGENCE DE PROMOTION ÉCONOMIQUE DU CANADA AT Atlantic Canada Opportunities Agency 1
– Dépenses de fonctionnement
– Versement, à chacun des membres du Conseil privé de qui a qualité de ministre sans portefeuille ou de ministr rige pas un département d’État, d’un traitement n’excéd ministres d’État qui dirigent un département dʼÉtat, au tements, rajusté en application de lʼarticle 67 de la Loi s Canada et au prorata, pour toute période inférieure à u 5
– Subventions inscrites à tout budget des dépenses pour – Contributions
AGENCE FÉDÉRALE DE DÉVELOPPEMENT ÉCONOMIQUE L’ONTARIO Federal Economic Development Agency for Southern O 1
– Dépenses de fonctionnement
– Subventions inscrites à tout budget des dépenses pour – Contributions AGENCE SPATIALE CANADIENNE Canadian Space Agency
– Dépenses de fonctionnement
– Dépenses en capital
– Subventions inscrites à tout budget des dépenses pour – Contributions AUTORITÉ DU PONT WINDSOR-DÉTROIT Windsor-Detroit Bridge Authority
– Paiements à l’Autorité pour l’exécution de son mandat, lettres patentes et à l’Accord sur le passage Canada-Mi BIBLIOTHÈQUE DU PARLEMENT Library of Parliament
– Dépenses du programme
2015-2016-2017
Chapter 17: Appropriation Act No. 2, 2017–18 SCHEDULE 1 (French)
No du crédit
Postes – Autorisation de dépenser les recettes perçues au cours de ses activités BIBLIOTHÈQUE ET ARCHIVES DU CANADA Library and Archives of Canada
– Dépenses de fonctionnement
– Subventions inscrites à tout budget des dépenses pour – Contributions
– Autorisation, au titre du paragraphe 29.1(2) de la Loi su publiques, d’affecter, au cours de l’exercice, les recette lui-ci et provenant des droits d’accès à la collection et d d’éléments de celle-ci, à la compensation des dépenses cours de l’exercice 5
– Dépenses en capital
BUREAU CANADIEN D’ENQUÊTE SUR LES ACCIDENTS D SÉCURITÉ DES TRANSPORTS Canadian Transportation Accident Investigation and Sa 1
– Dépenses du programme
BUREAU DE LA COORDONNATRICE DE LA SITUATION DE Office of the Co-ordinator, Status of Women 1
– Dépenses de fonctionnement
– Versement, à chacun des membres du Conseil privé de qui a qualité de ministre sans portefeuille ou de ministr rige pas un département d’État, d’un traitement n’excéd ministres d’État qui dirigent un département d’État, au tements, rajusté en application de l’article 67 de la Loi s Canada et au prorata, pour toute période inférieure à u 5
– Subventions inscrites à tout budget des dépenses pour – Contributions
BUREAU DE L’ENQUÊTEUR CORRECTIONNEL DU CANAD Office of the Correctional Investigator of Canada 1
– Dépenses du programme BUREAU DE L’INFRASTRUCTURE DU CANADA Office of Infrastructure of Canada
– Dépenses de fonctionnement
– Dépenses en capital
– Contributions
BUREAU DU COMMISSAIRE À LA MAGISTRATURE FÉDÉR Office of the Commissioner for Federal Judicial Affairs 1
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Loi su publiques, d’affecter, au cours de l’exercice, les recette lui-ci pour la prestation de services administratifs et de compensation des dépenses engagées au cours de l’ex
– Traitements, indemnités et dépenses pour les juges, y c de la Cour suprême du Yukon, de la Cour suprême des Ouest et de la Cour de justice du Nunavut, non prévus
2015-2016-2017
Chapter 17: Appropriation Act No. 2, 2017–18 SCHEDULE 1 (French)
No du crédit 5
Postes – Dépenses de fonctionnement — Conseil canadien de la
BUREAU DU COMMISSAIRE DU CENTRE DE LA SÉCURITÉ TÉLÉCOMMUNICATIONS Office of the Communications Security Establishment C 1
– Dépenses du programme BUREAU DU CONSEILLER SÉNATORIAL EN ÉTHIQUE Office of the Senate Ethics Officer
– Dépenses du programme BUREAU DU CONSEIL PRIVÉ Privy Council Office
– Dépenses du programme, y compris les dépenses de fo missions d’enquête non prévues et le fonctionnement d mier ministre
– Autorisation, au titre du paragraphe 29.1(2) de la Loi su publiques, d’affecter, au cours de l’exercice, les recette lui-ci pour la prestation de services de soutien internes de cette loi, à la compensation des dépenses connexes l’exercice
– Versement, à chacun des membres du Conseil privé de qui a qualité de ministre sans portefeuille ou de ministr rige pas un département d’État, d’un traitement n’excéd ministres d’État qui dirigent un département d’État, au tements, rajusté en application de l’article 67 de la Loi s Canada et au prorata, pour toute période inférieure à u BUREAU DU DIRECTEUR DES POURSUITES PÉNALES Office of the Director of Public Prosecutions 1
– Dépenses du programme
– Autorisation, au titre du paragraphe 29.1(2) de la Loi su publiques, d’affecter, au cours de l’exercice, les recette lui-ci et provenant de la prestation des services ci-après dépenses engagées au cours de l’exercice :
a) les services de poursuites et les services connexe
b) les services de poursuites et les services connexe dat du Bureau — fournis de manière facultative à de organisations non fédérales ou internationales;
c) les services de soutien internes fournis en vertu d loi. BUREAU DU DIRECTEUR GÉNÉRAL DES ÉLECTIONS Office of the Chief Electoral Officer 1
– Dépenses du programme BUREAU DU SECRÉTAIRE DU GOUVERNEUR GÉNÉRAL Office of the Governor General’s Secretary
– Dépenses du programme
– Subventions inscrites à tout budget des dépenses pour
2015-2016-2017
Chapter 17: Appropriation Act No. 2, 2017–18 SCHEDULE 1 (French)
No du crédit
Postes
– Dépenses relatives aux anciens gouverneurs généraux, à leur conjoint, durant leur vie et pendant les six mois s avec lʼexercice des attributions qui leur sont échues par de gouverneur général
BUREAU DU SURINTENDANT DES INSTITUTIONS FINAN Office of the Superintendent of Financial Institutions 1
– Dépenses du programme BUREAU DU VÉRIFICATEUR GÉNÉRAL Office of the Auditor General
– Dépenses du programme
– Autorisation, au titre du paragraphe 29.1(2) de la Loi su publiques, d’affecter, au cours de l’exercice, les recette lui-ci et provenant des services professionnels de vérifi Conseil canadien des vérificateurs législatifs, à la comp connexes engagées au cours de l’exercice
CENTRE CANADIEN D’HYGIÈNE ET DE SÉCURITÉ AU TRA Canadian Centre for Occupational Health and Safety 1
– Dépenses du programme
CENTRE D’ANALYSE DES OPÉRATIONS ET DÉCLARATION CANADA Financial Transactions and Reports Analysis Centre of C 1
– Dépenses du programme CENTRE DE LA SÉCURITÉ DES TÉLÉCOMMUNICATIONS Communications Security Establishment
– Dépenses du programme
– Autorisation, au titre du paragraphe 29.1(2) de la Loi su publiques, d’affecter, au cours de l’exercice, les recette lui-ci et provenant de ses activités, notamment la prest tien internes en vertu de l’article 29.2 de cette loi, à la c penses engagées au cours de l’exercice
CENTRE DE RECHERCHES POUR LE DÉVELOPPEMENT IN International Development Research Centre 1
– Paiements au Centre CHAMBRE DES COMMUNES House of Commons
– Dépenses du programme, notamment les paiements lié bureaux de circonscription des députés – Contributions – Autorisation de dépenser les recettes perçues au cours de ses activités
COMITÉ DE SURVEILLANCE DES ACTIVITÉS DE RENSEIGN Security Intelligence Review Committee 1
– Dépenses du programme
2015-2016-2017
Chapter 17: Appropriation Act No. 2, 2017–18 SCHEDULE 1 (French)
No du crédit
Postes
COMITÉ EXTERNE D’EXAMEN DE LA GENDARMERIE ROY Royal Canadian Mounted Police External Review Comm 1
– Dépenses du programme COMITÉ EXTERNE D’EXAMEN DES GRIEFS MILITAIRES Military Grievances External Review Committee
– Dépenses du programme COMMISSARIAT À L’INTÉGRITÉ DU SECTEUR PUBLIC Office of the Public Sector Integrity Commissioner
– Dépenses du programme – Contributions COMMISSARIAT AU LOBBYING Office of the Commissioner of Lobbying
– Dépenses du programme
COMMISSARIAT AUX CONFLITS D’INTÉRÊTS ET À LʼÉTHI Office of the Conflict of Interest and Ethics Commission 1
– Dépenses du programme COMMISSARIAT AUX LANGUES OFFICIELLES Office of the Commissioner of Official Languages
– Dépenses du programme
COMMISSARIATS À L’INFORMATION ET À LA PROTECTIO CANADA Offices of the Information and Privacy Commissioners 1
– Dépenses du programme — Commissariat à l’informatio
– Dépenses du programme — Commissariat à la protectio
– Contributions — Commissariat à la protection de la vie p
– Autorisation, au titre du paragraphe 29.1(2) de la Loi su publiques, d’affecter, au cours de l’exercice, les recette lui-ci pour la prestation de services de soutien internes de cette loi, à la compensation des dépenses connexes l’exercice
COMMISSION CANADIENNE DES DROITS DE LA PERSON Canadian Human Rights Commission 1
– Dépenses du programme
– Autorisation, au titre du paragraphe 29.1(2) de la Loi su publiques, d’affecter, au cours de l’exercice, les recette lui-ci et provenant de la prestation de services de soutie lʼarticle 29.2 de cette loi, à la compensation des dépens cours de lʼexercice COMMISSION CANADIENNE DES GRAINS Canadian Grain Commission 1
– Dépenses du programme
2015-2016-2017
Chapter 17: Appropriation Act No. 2, 2017–18 SCHEDULE 1 (French)
No du crédit
Postes COMMISSION CANADIENNE DE SÛRETÉ NUCLÉAIRE Canadian Nuclear Safety Commission
– Dépenses du programme
– Subventions inscrites à tout budget des dépenses pour – Contributions COMMISSION CANADIENNE DU LAIT Canadian Dairy Commission 1
– Dépenses du programme COMMISSION CANADIENNE DU TOURISME Canadian Tourism Commission
– Paiements à la Commission
COMMISSION CIVILE D’EXAMEN ET DE TRAITEMENT DES LA GENDARMERIE ROYALE DU CANADA Civilian Review and Complaints Commission for the Ro Police 1
– Dépenses du programme COMMISSION DE LA CAPITALE NATIONALE National Capital Commission
– Paiements à la Commission pour les dépenses de fonct
– Paiements à la Commission pour les dépenses en capit COMMISSION DE LA FONCTION PUBLIQUE Public Service Commission
– Dépenses du programme
– Autorisation, au titre du paragraphe 29.1(2) de la Loi su publiques, d’affecter, au cours de l’exercice, les recette lui-ci pour la fourniture de produits et services de dotat counseling et la prestation de services de soutien intern 29.2 de cette loi, à la compensation des dépenses enga cice
COMMISSION DE L’IMMIGRATION ET DU STATUT DE RÉF Immigration and Refugee Board 1
– Dépenses du programme COMMISSION DES CHAMPS DE BATAILLE NATIONAUX The National Battlefields Commission
– Dépenses du programme
COMMISSION DES LIBÉRATIONS CONDITIONNELLES DU Parole Board of Canada 1
– Dépenses du programme
– Autorisation, au titre du paragraphe 29.1(2) de la Loi su publiques, dʼaffecter, au cours de lʼexercice, les recettes lui-ci et provenant de la prestation de services visant le mandes de suspension du casier présentées par les per
2015-2016-2017
Chapter 17: Appropriation Act No. 2, 2017–18 SCHEDULE 1 (French)
No du crédit
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pour des infractions à des lois ou règlements fédéraux, dépenses engagées au cours de lʼexercice COMMISSION D’EXAMEN DES PLAINTES CONCERNANT Military Police Complaints Commission 1
– Dépenses du programme COMMISSION DU DROIT D’AUTEUR Copyright Board
– Dépenses du programme
COMMISSION MIXTE INTERNATIONALE (SECTION CANA International Joint Commission (Canadian Section) 1
– Dépenses du programme
– Dépenses de la section canadienne, y compris les traite
– Dépenses relatives aux études, enquêtes et relevés exé en vertu du mandat international qui lui est confié
– Dépenses faites par la Commission en vertu de l’Accord États-Unis relatif à la qualité de l’eau dans les Grands L CONSEIL CANADIEN DES NORMES Standards Council of Canada 1
– Paiements au Conseil au titre de l’article 5 de la Loi sur normes
CONSEIL DE LA RADIODIFFUSION ET DES TÉLÉCOMMUN CANADIENNES Canadian Radio-television and Telecommunications Co 1
– Dépenses du programme
– Autorisation, au titre du paragraphe 29.1(2) de la Loi su publiques, d’affecter, au cours de l’exercice, les recette lui-ci au titre du Règlement de 2010 sur les droits de tél glement de 1997 sur les droits de licence de radiodiffus les droits relatifs aux télécommunications non sollicitée autres activités, à la compensation des dépenses engag cice, jusqu’à concurrence des montants approuvés par CONSEIL DE RECHERCHES EN SCIENCES HUMAINES Social Sciences and Humanities Research Council 1
– Dépenses de fonctionnement
– Subventions inscrites à tout budget des dépenses pour
CONSEIL DE RECHERCHES EN SCIENCES NATURELLES E Natural Sciences and Engineering Research Council 1
– Dépenses de fonctionnement
– Subventions inscrites à tout budget des dépenses pour CONSEIL DES ARTS DU CANADA Canada Council for the Arts
– Paiements au Conseil devant servir aux fins générales p Loi sur le Conseil des Arts du Canada
2015-2016-2017
Chapter 17: Appropriation Act No. 2, 2017–18 SCHEDULE 1 (French)
No du crédit
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CONSEIL D’EXAMEN DU PRIX DES MÉDICAMENTS BREV Patented Medicine Prices Review Board 1
– Dépenses du programme CONSEIL NATIONAL DE RECHERCHES DU CANADA National Research Council of Canada
– Dépenses de fonctionnement
– Dépenses en capital
– Subventions inscrites à tout budget des dépenses pour
– Contributions, y compris la fourniture de biens et de se international du Télescope de trente mètres ÉCOLE DE LA FONCTION PUBLIQUE DU CANADA Canada School of Public Service 1
– Dépenses du programme ÉNERGIE ATOMIQUE DU CANADA, LIMITÉE Atomic Energy of Canada Limited
– Paiements à la société pour les dépenses de fonctionne capital GENDARMERIE ROYALE DU CANADA Royal Canadian Mounted Police
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Loi su publiques, d’affecter, au cours de l’exercice, les recette lui-ci, notamment pour la prestation de services de sou l’article 29.2 de cette loi, à la compensation des dépens cours de l’exercice 5
– Dépenses en capital
– Subventions inscrites à tout budget des dépenses pour prévu pour chaque subvention pouvant être modifié so tion du Conseil du Trésor – Contributions INSTITUTS DE RECHERCHE EN SANTÉ DU CANADA Canadian Institutes of Health Research
– Dépenses de fonctionnement
– Subventions inscrites à tout budget des dépenses pour LA SOCIÉTÉ DES PONTS FÉDÉRAUX LIMITÉE The Federal Bridge Corporation Limited
– Paiements à la Société LES PONTS JACQUES-CARTIER ET CHAMPLAIN INC. The Jacques-Cartier and Champlain Bridges Inc.
– Paiements à la société à affecter au paiement de l’excéd revenus, exception faite de l’amortissement des immob relativement à l’exploitation des ponts Jacques-Cartier, Mercier, d’une partie de l’autoroute Bonaventure, de l’e
2015-2016-2017
Chapter 17: Appropriation Act No. 2, 2017–18 SCHEDULE 1 (French)
No du crédit
Postes
Champlain, du tunnel Melocheville et du pont de conto Sœurs MARINE ATLANTIQUE S.C.C. Marine Atlantic Inc. 1
– Paiements à la société pour les dépenses liées à sa gest – Paiements à la société pour les dépenses en capital
– Paiements à la société pour les services de transport, y transport maritime entre la Nouvelle-Écosse et Terre-N navires, terminaux et infrastructures connexes MINISTÈRE DE LA CITOYENNETÉ ET DE L’IMMIGRATION Department of Citizenship and Immigration 1
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Loi su publiques, d’affecter, au cours de l’exercice, les recette lui-ci pour la prestation de services dans le cadre du pr ternationale Canada, à la compensation des dépenses c cours de l’exercice pour la prestation de ces services
– Versement, à chacun des membres du Conseil privé de qui a qualité de ministre sans portefeuille ou de ministr rige pas un département d’État, d’un traitement n’excéd ministres d’État qui dirigent un département d’État, au tements, rajusté en application de l’article 67 de la Loi s Canada et au prorata, pour toute période inférieure à u 5 10
– Dépenses en capital
– Subventions inscrites à tout budget des dépenses pour
– Contributions, y compris la fourniture de biens et de se MINISTÈRE DE LA DÉFENSE NATIONALE Department of National Defence 1
– Dépenses de fonctionnement
– Autorisation de contracter, sous réserve d’affectation pa des engagements totalisant 29 570 334 909 $ à l’égard d ministère, quelle que soit l’année au cours de laquelle s ment afférent à l’un ou l’autre de ces engagements (et tranche de 11 760 112 207 $ deviendra payable dans les
– Autorisation de faire des dépenses ou des avances reco des directives du Conseil du Trésor, à l’égard du matér liers, des sociétés, des organismes extérieurs, d’autres nismes fédéraux et d’autres administrations, ou des se – Autorisation d’effectuer des paiements dans le cadre :
a) de programmes de pension, d’assurance et de sé ententes pour les employés recrutés sur place à l’ex
b) de l’administration de ces programmes ou entent contributions, avantages, frais et autres dépenses en ployés recrutés sur place à l’extérieur du Canada et déterminées par le Conseil du Trésor.
– Autorisation, au titre du paragraphe 29.1(2) de la Loi su publiques, d’affecter, au cours de l’exercice, les recette lui-ci, notamment pour la prestation de services de sou l’article 29.2 de cette loi, à la compensation des dépens cours de l’exercice
– Versement, à chacun des membres du Conseil privé de qui a qualité de ministre sans portefeuille ou de ministr
2015-2016-2017
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dirige pas un département d’État, d’un traitement n’exc ministres d’État qui dirigent un département d’État, au tements, rajusté en application de l’article 67 de la Loi s Canada et au prorata, pour toute période inférieure à u 5
– Dépenses en capital
– Subventions inscrites à tout budget des dépenses pour tions, y compris :
a) les montants versés à un bénéficiaire ou ce qui en pour : (i) la fourniture de biens ou de services, (ii) l’utilisation d’installations;
b) les contributions pouvant être approuvées par le aux termes de l’article 3 de la Loi de 1950 sur les cré
(i) l’acquisition ou le transfert d’équipement de d (ii) la fourniture de services aux fins de défense,
(iii) l’acquisition ou le transfert de fournitures ou défense. MINISTÈRE DE LA DIVERSIFICATION DE L’ÉCONOMIE DE Department of Western Economic Diversification 1
– Dépenses de fonctionnement
– Versement, à chacun des membres du Conseil privé de qui a qualité de ministre sans portefeuille ou de ministr rige pas un département d’État, d’un traitement n’excéd ministres d’État qui dirigent un département d’État, au tements, rajusté en application de l’article 67 de la Loi s Canada et au prorata, pour toute période inférieure à u 5
– Subventions inscrites à tout budget des dépenses pour – Contributions
MINISTÈRE DE L’AGRICULTURE ET DE L’AGROALIMENTA Department of Agriculture and Agri-Food 1
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Loi su publiques, d’affecter, au cours de l’exercice, les recette lui-ci et provenant des éléments ci-après, à la compens gées au cours de l’exercice :
a) les ententes de recherche concertée et les service
b) les activités de pâturage et de reproduction du Pr communautaires; c) l’administration du programme Agri-stabilité;
d) la prestation de services de soutien internes en ve cette loi.
– Versement, à chacun des membres du Conseil privé de qui a qualité de ministre sans portefeuille ou de ministr rige pas un département d’État, d’un traitement n’excéd ministres d’État qui dirigent un département d’État, au tements, rajusté en application de l’article 67 de la Loi s Canada et au prorata, pour toute période inférieure à u 5
– Dépenses en capital
2015-2016-2017
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No du crédit 10
Postes
– Subventions inscrites à tout budget des dépenses pour – Contributions MINISTÈRE DE LA JUSTICE Department of Justice
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Loi su publiques, d’affecter, au cours de l’exercice, les recette lui-ci et provenant des éléments ci-après, à la compens gées au cours de l’exercice :
a) les services juridiques fournis de manière obligat ganismes fédéraux;
b) les services juridiques – conformes au mandat du manière facultative à des sociétés d’État et à des org ou internationales;
c) les services de soutien internes fournis en vertu d loi.
– Versement, à chacun des membres du Conseil privé de qui a qualité de ministre sans portefeuille ou de ministr rige pas un département d’État, d’un traitement n’excéd ministres d’État qui dirigent un département d’État, au tements, rajusté en application de l’article 67 de la Loi s Canada et au prorata, pour toute période inférieure à u 5
– Subventions inscrites à tout budget des dépenses pour – Contributions MINISTÈRE DE LA SANTÉ Department of Health
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Loi su publiques, d’affecter, au cours de l’exercice, les recette lui-ci et provenant des éléments ci-après, à la compens gées au cours de l’exercice :
a) la prestation de services ou la vente de produits s tion de la santé, aux activités de réglementation et a
b) la prestation de services de soutien internes en ve cette loi.
– Versement, à chacun des membres du Conseil privé de qui a qualité de ministre sans portefeuille ou de ministr rige pas un département d’État, d’un traitement n’excéd ministres d’État qui dirigent un département d’État, au tements, rajusté en application de l’article 67 de la Loi s Canada et au prorata, pour toute période inférieure à u 5
– Dépenses en capital
– Contributions, sous forme de paiements en argent ou d de services
MINISTÈRE DE LA SÉCURITÉ PUBLIQUE ET DE LA PROTE Department of Public Safety and Emergency Preparedn 1
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Loi su publiques, d’affecter, au cours de l’exercice, les recette lui-ci et provenant notamment de la prestation de servi
2015-2016-2017
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en vertu de l’article 29.2 de cette loi, à la compensation engagées au cours de l’exercice
– Versement, à chacun des membres du Conseil privé de qui a qualité de ministre sans portefeuille ou de ministr rige pas un département d’État, d’un traitement n’excéd ministres d’État qui dirigent un département d’État, au tements, rajusté en application de l’article 67 de la Loi s Canada et au prorata, pour toute période inférieure à u 5
– Subventions inscrites à tout budget des dépenses pour – Contributions
MINISTÈRE DE L’EMPLOI ET DU DÉVELOPPEMENT SOCIA Department of Employment and Social Development 1
– Dépenses de fonctionnement
– Autorisation dʼeffectuer des dépenses recouvrables liée gime de pensions du Canada et de la Loi sur l’assuranc
– Autorisation, au titre du paragraphe 29.1(2) de la Loi su publiques, d’affecter, au cours de l’exercice, les recette lui-ci et provenant des éléments ci-après, à la compens connexes engagées au cours de l’exercice : a) les services du Secteur des programmes d’accès
b) les services visant à aider les provinces à adminis vinciaux financés aux termes des ententes sur le dé du travail;
c) les services offerts au nom d’autres ministères féd
d) les services de soutien internes fournis en vertu d loi;
e) tout montant facturé à une société d’État en vertu sur l’indemnisation des agents de l’État en lien avec les recours par subrogation pour les sociétés d’État;
f) la portion des coûts de litige découlant des règlem de réclamation auprès de tiers pour les ministères e vertu de la Loi sur l’indemnisation des agents de l’É
– Versement, à chacun des membres du Conseil privé de qui a qualité de ministre sans portefeuille ou de ministr rige pas un département d’État, d’un traitement n’excéd ministres d’État qui dirigent un département d’État, au tements, rajusté en application de l’article 67 de la Loi s Canada et au prorata, pour toute période inférieure à u 5
– Subventions inscrites à tout budget des dépenses pour – Contributions MINISTÈRE DE L’ENVIRONNEMENT Department of the Environment
– Dépenses de fonctionnement
– Autorisation au ministre de l’Environnement d’engager les commissions peuvent avoir besoin et versement à c déterminés par celles-ci
– Autorisation, au titre du paragraphe 29.1(2) de la Loi su publiques, d’affecter, au cours de l’exercice, les recette lui-ci et provenant de la prestation de services de soutie l’article 29.2 de cette loi et des éléments ci-après, à la c penses connexes engagées au cours de l’exercice :
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a) les services de recherche, les services d’analyse e fiques; b) les relevés hydrologiques; c) les services de réglementation;
d) les services de surveillance, notamment les activi sables bitumineux; e) les droits d’entrée; f) les permis; g) les services de biens immobiliers.
– Versement, à chacun des membres du Conseil privé de qui a qualité de ministre sans portefeuille ou de ministr rige pas un département d’État, d’un traitement n’excéd ministres d’État qui dirigent un département d’État, au tements, rajusté en application de l’article 67 de la Loi s Canada et au prorata, pour toute période inférieure à u 5
– Dépenses en capital
– Autorisation de faire des paiements aux provinces et au contributions aux travaux de construction entrepris par
– Autorisation de faire des avances recouvrables ne dépa de projets conjoints assumée par des organismes prov nismes de l’extérieur, y compris les dépenses faites à lʼ partenant pas au gouvernement fédéral 10
– Subventions inscrites à tout budget des dépenses pour
– Contributions, y compris celles aux pays en développem téral pour l’application du Protocole de Montréal sous f argent ou de fourniture de biens, d’équipement ou de s MINISTÈRE DE L’INDUSTRIE Department of Industry 1
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Loi su publiques, d’affecter, au cours de l’exercice, les recette lui-ci et provenant des éléments ci-après, à la compens gées au cours de l’exercice :
a) la prestation de services de soutien internes en ve cette loi et de services de soutien internes à l’Office lectuelle du Canada;
b) les activités liées aux recherches sur les commun recherches sur les communications;
c) les services et la procédure d’insolvabilité, au titre l’insolvabilité, au Bureau du surintendant des faillite
d) les activités de Corporations Canada au titre de la sociétés par actions, de la Loi sur les chambres de c dienne sur les coopératives, de la Loi canadienne su non lucratif et de la Loi sur les corporations canadie
e) les services et la procédure réglementaire au Bur pour les fusions et toute chose s’y rapportant, y com une fusion, les certificats de décision préalable et le de la Loi sur la concurrence.
– Versement, à chacun des membres du Conseil privé de qui a qualité de ministre sans portefeuille ou de ministr rige pas un département d’État, d’un traitement n’excéd ministres d’État qui dirigent un département d’État, au tements, rajusté en application de l’article 67 de la Loi s Canada et au prorata, pour toute période inférieure à u
2015-2016-2017
Chapter 17: Appropriation Act No. 2, 2017–18 SCHEDULE 1 (French)
No du crédit
Postes
– Dépenses en capital
– Subventions inscrites à tout budget des dépenses pour
L15
– Paiements effectués en vertu du paragraphe 14(2) de la l’Industrie
L20
– Prêts effectués en vertu de l’alinéa 14(1)a) de la Loi sur
– Contributions
MINISTÈRE DES AFFAIRES ÉTRANGÈRES, DU COMMERC DÉVELOPPEMENT Department of Foreign Affairs, Trade and Development 1
– Dépenses de fonctionnement, y compris celles liées à la tants du Canada à l’étranger, à leur personnel et aux Ca gouvernement canadien au personnel d’organismes in
– Autorisation de faire des avances recouvrables à des or jusqu’à concurrence de la valeur des actions détenues nismes
– Dépenses relatives aux locaux de l’Organisation de l’av
– Autorisation dʼeffectuer des dépenses recouvrables pou sidents canadiens domiciliés à l’extérieur du Canada qu à l’étranger, y compris leurs personnes à charge, et pou
– Autorisation, au titre du paragraphe 29.1(2) de la Loi su publiques, d’affecter, au cours de l’exercice, les recette lui-ci et provenant des éléments ci-après, à la compens connexes engagées au cours de l’exercice : a) les foires commerciales et éducatives; b) les publications ministérielles; c) les services suivants :
(i) la formation offerte par l’Institut canadien du s (ii) les missions commerciales et autres services commerce international,
(iii) les services de développement des investisse
(iv) les services de télécommunication internatio
(v) les autres services fournis à l’étranger à d’aut nismes, sociétés d’État et autres organisations no (vi) les services consulaires spécialisés.
– Versement, à chacun des membres du Conseil privé de qui a qualité de ministre sans portefeuille ou de ministr rige pas un département d’État, d’un traitement n’excéd ministres d’État qui dirigent un département d’État, au tements, rajusté en application de l’article 67 de la Loi s Canada et au prorata, pour toute période inférieure à u 5
– Dépenses en capital
– Subventions inscrites à tout budget des dépenses pour
– Contributions, y compris les paiements à d’autres fins p de biens et de services pour :
a) la promotion du commerce et de l’investissement b) l’aide humanitaire internationale et l’aide fournie internationale, le développement international et la 15
– Paiements effectués dans le cadre :
a) de programmes de pension, d’assurance et de sé ententes pour les employés recrutés sur place à l’ex
2015-2016-2017
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No du crédit
Postes
b) de l’administration de ces programmes ou entent contributions, avantages, frais et autres dépenses en ployés recrutés sur place à l’extérieur du Canada et déterminées par le Conseil du Trésor. 20
– Aide financière fournie par le ministre des Affaires étran avec le ministre des Finances, à titre de contributions a internationales pour l’exercice 2017-2018, qui, conform 12(2) de la Loi d’aide au développement international ( ne dépasse pas 227 048 000 $
L25
– Achat d’actions d’institutions financières internationale 2017-2018 pour une somme d’au plus 30 420 000 $ US — CAN —, effectué en conformité avec le paragraphe 12(2 veloppement international (institutions financières) et g fournie par le ministre des Affaires étrangères, en cons des Finances
MINISTÈRE DES AFFAIRES INDIENNES ET DU NORD CAN Department of Indian Affairs and Northern Developmen 1
– Dépenses de fonctionnement
– Dépenses relatives aux ouvrages, bâtiments et matériel
– Autorisation d’effectuer des dépenses — recouvrables o vaux effectués sur des propriétés n’appartenant pas au aux services fournis à l’égard de celles-ci
– Autorisation d’affecter des fonds dans le cadre d’activit économique des Indiens et des Inuits, relatives au déve des Indiens et des Inuits et à l’approvisionnement en m
– Autorisation de vendre de l’électricité, conformément a par le gouverneur en conseil, aux consommateurs qui s vant dans des centres éloignés lorsque ces derniers n’o alternatives locales d’approvisionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Loi su publiques, d’affecter, au cours de l’exercice, les recette lui-ci pour la prestation de services de soutien internes de cette loi, à la compensation des dépenses connexes l’exercice
– Versement, à chacun des membres du Conseil privé de qui a qualité de ministre sans portefeuille ou de ministr rige pas un département d’État, d’un traitement n’excéd ministres d’État qui dirigent un département d’État, au tements, rajusté en application de l’article 67 de la Loi s Canada et au prorata, pour toute période inférieure à u 5
– Dépenses en capital
– Dépenses relatives aux bâtiments, ouvrages, terrains et le contrôle et la propriété peuvent être cédés :
a) soit aux gouvernements provinciaux, selon les co le gouverneur en conseil;
b) soit à des bandes indiennes ou à des Indiens, à ti à la discrétion du ministre des Affaires indiennes et
– Dépenses relatives aux bâtiments, ouvrages, terrains et l’égard de propriétés n’appartenant pas au gouvernem
– Autorisation d’effectuer des dépenses recouvrables pou sant pas la part des frais assumés par les gouvernemen routes et ouvrages connexes 10
– Subventions inscrites à tout budget des dépenses pour – Contributions
2015-2016-2017
Chapter 17: Appropriation Act No. 2, 2017–18 SCHEDULE 1 (French)
No du crédit
Postes
L15
– Prêts à des revendicateurs autochtones, conformément vées par le gouverneur en conseil, pour le paiement de vendications autochtones (recherche, négociation et éla
L20
– Prêts à des premières nations de la Colombie-Britanniq per au processus de la Commission des traités de la Co MINISTÈRE DES ANCIENS COMBATTANTS Department of Veterans Affairs
– Dépenses de fonctionnement
– Dépenses afférentes à l’entretien de propriétés immobi latives à des travaux de génie et de recherche techniqu valeur tangible à la propriété ainsi que le paiement des vices publics
– Sous réserve de l’approbation du gouverneur en conse rentes :
a) aux travaux de réparation nécessaires sur des pro vertu de contrats particuliers à prix ferme et vendue sur les terres destinées aux anciens combattants (S. de corriger des défectuosités dont ni l’ancien comba peuvent être tenus financièrement responsables;
b) à tout autre travail qui s’impose sur d’autres prop der l’intérêt que le directeur y possède.
– Versement, à chacun des membres du Conseil privé de qui a qualité de ministre sans portefeuille ou de ministr rige pas un département d’État, d’un traitement n’excéd ministres d’État qui dirigent un département d’État, au tements, rajusté en application de l’article 67 de la Loi s Canada et au prorata, pour toute période inférieure à u 5
– Subventions inscrites à tout budget des dépenses pour crit à chacune des subventions pouvant être modifié so tion du Conseil du Trésor – Contributions MINISTÈRE DES FINANCES Department of Finance
– Dépenses du programme – Contributions
– Autorisation, au titre du paragraphe 29.1(2) de la Loi su publiques, d’affecter, au cours de l’exercice, les recette lui-ci et provenant de la prestation de services de soutie l’article 29.2 de cette loi, à la compensation des dépens cours de l’exercice
– Versement, à chacun des membres du Conseil privé de qui a qualité de ministre sans portefeuille ou de ministr rige pas un département d’État, d’un traitement n’excéd ministres d’État qui dirigent un département d’État, au tements, rajusté en application de l’article 67 de la Loi s Canada et au prorata, pour toute période inférieure à u 5
– Aide financière fournie par le ministre des Finances à l’A de développement, en vertu du paragraphe 8(2) de la L ton Woods et des accords connexes, sous forme de pai dant pas, au total, 441 610 000 $ pour l’exercice 2017-20 MINISTÈRE DES PÊCHES ET DES OCÉANS Department of Fisheries and Oceans
– Dépenses de fonctionnement
2015-2016-2017
Chapter 17: Appropriation Act No. 2, 2017–18 SCHEDULE 1 (French)
No du crédit
Postes
– Participation du Canada aux dépenses des commission pêches
– Autorisation de fournir gratuitement des locaux aux com des pêches
– Autorisation de faire des avances recouvrables équivale quote-part de ces commissions dans les programmes à
– Autorisation de faire des avances recouvrables pour de d’arrimage et d’autres services de la marine marchand liers, à des organismes indépendants et à d’autres gou l’exercice de sa compétence en matière de navigation, navigation et à la navigation maritime
– Autorisation, au titre du paragraphe 29.1(2) de la Loi su publiques, d’affecter, au cours de l’exercice, les recette lui-ci et provenant des éléments ci-après, à la compens gées au cours de l’exercice : a) les activités de la Garde côtière canadienne;
b) la prestation de services de soutien internes en ve cette loi.
– Versement, à chacun des membres du Conseil privé de qui a qualité de ministre sans portefeuille ou de ministr rige pas un département d’État, d’un traitement n’excéd ministres d’État qui dirigent un département d’État, au tements, rajusté en application de l’article 67 de la Loi s Canada et au prorata, pour toute période inférieure à u 5
– Dépenses en capital
– Autorisation de faire des paiements aux provinces, aux torités locales ou privées à titre de contributions à des entrepris par ces administrations ou autorités
– Autorisation d’acheter des bateaux de pêche commerci 10
– Subventions inscrites à tout budget des dépenses pour – Contributions MINISTÈRE DES RESSOURCES NATURELLES Department of Natural Resources
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Loi su publiques, d’affecter, au cours de l’exercice, les recette lui-ci et provenant des éléments ci-après, à la compens gées au cours de l’exercice : a) la vente de produits d’information et de produits
b) la délivrance de licences, de permis et de certifica les explosifs et du Règlement de 2013 sur les explos c) la formation et les attestations de formation liées visés à l’alinéa b);
d) la perception, dans le cadre des activités du minis services de recherche, de consultation, d’évaluation tration;
e) la prestation de services de soutien internes en ve Loi sur la gestion des finances publiques.
– Versement, à chacun des membres du Conseil privé de qui a qualité de ministre sans portefeuille ou de ministr rige pas un département d’État, d’un traitement n’excéd ministres d’État qui dirigent un département d’État, au tements, rajusté en application de l’article 67 de la Loi s Canada et au prorata, pour toute période inférieure à u
2015-2016-2017
Chapter 17: Appropriation Act No. 2, 2017–18 SCHEDULE 1 (French)
No du crédit
Postes
– Dépenses en capital
– Subventions inscrites à tout budget des dépenses pour – Contributions MINISTÈRE DES TRANSPORTS Department of Transport
– Dépenses de fonctionnement
– Autorisation d’engager des dépenses pour des biens au cadre de l’exercice d’une compétence en matière d’aér
– Autorisation de payer des commissions pour le recouvr tu de la Loi sur l’aéronautique
– Autorisation, au titre du paragraphe 29.1(2) de la Loi su publiques, d’affecter, au cours de l’exercice, les recette lui-ci et provenant notamment de la prestation de servi en vertu de l’article 29.2 de cette loi, à la compensation au cours de l’exercice
– Versement, à chacun des membres du Conseil privé de qui a qualité de ministre sans portefeuille ou de ministr rige pas un département d’État, d’un traitement n’excéd ministres d’État qui dirigent un département d’État, au tements, rajusté en application de l’article 67 de la Loi s Canada et au prorata, pour toute période inférieure à u 5
– Dépenses en capital
Portes dʼentrée et corridors – Contributions
Infrastructures de transport
– Subventions inscrites à tout budget des dépenses pour – Contributions 20
Programmes autres que Portes d’entrée et corridors et Infr
– Subventions inscrites à tout budget des dépenses pour – Contributions
MINISTÈRE DES TRAVAUX PUBLICS ET DES SERVICES G Department of Public Works and Government Services 1
– Dépenses de fonctionnement pour la prestation de serv caux et de services communs et centraux
– Autorisation dʼeffectuer des dépenses recouvrables liée gime de pensions du Canada, de la Loi sur l’assurancel’administration des biens saisis
– Autorisation de dépenser les recettes perçues au cours services de gestion des locaux et des services commun
– Autorisation, au titre du paragraphe 29.1(2) de la Loi su publiques, d’affecter, au cours de l’exercice, les recette lui-ci et provenant notamment de la prestation de servi en vertu de l’article 29.2 de cette loi, à la compensation au cours de l’exercice
– Versement, à chacun des membres du Conseil privé de qui a qualité de ministre sans portefeuille ou de ministr rige pas un département d’État, d’un traitement n’excéd ministres d’État qui dirigent un département d’État, au tements, rajusté en application de l’article 67 de la Loi s Canada et au prorata, pour toute période inférieure à u
2015-2016-2017
Chapter 17: Appropriation Act No. 2, 2017–18 SCHEDULE 1 (French)
No du crédit 5
Postes
– Dépenses en capital, y compris les dépenses relatives à des biens fédéraux
– Autorisation d’effectuer des remboursements à des loca raux relativement à des améliorations à ceux-ci autoris Travaux publics et des Services gouvernementaux MINISTÈRE DU PATRIMOINE CANADIEN Department of Canadian Heritage 1
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Loi su publiques, d’affecter, au cours de l’exercice, les recette lui-ci et provenant des éléments ci-après, à la compens gées au cours de l’exercice :
a) les activités de l’Institut canadien de conservation d’information sur le patrimoine et du Bureau de cert diovisuels canadiens;
b) les activités afférentes au programme Expérience
c) la prestation de services de soutien internes en ve cette loi.
– Versement, à chacun des membres du Conseil privé de qui a qualité de ministre sans portefeuille ou de ministr rige pas un département d’État, d’un traitement n’excéd ministres d’État qui dirigent un département d’État, au tements, rajusté en application de l’article 67 de la Loi s Canada et au prorata, pour toute période inférieure à u 5
– Subventions inscrites à tout budget des dépenses pour – Contributions MUSÉE CANADIEN DE LA NATURE Canadian Museum of Nature
– Paiements au Musée pour les dépenses de fonctionnem capital MUSÉE CANADIEN DE L’HISTOIRE Canadian Museum of History
– Paiements au Musée pour les dépenses de fonctionnem capital MUSÉE CANADIEN DE L’IMMIGRATION DU QUAI 21 Canadian Museum of Immigration at Pier 21
– Paiements au Musée pour les dépenses de fonctionnem capital MUSÉE CANADIEN DES DROITS DE LA PERSONNE Canadian Museum for Human Rights
– Paiements au Musée pour les dépenses de fonctionnem capital MUSÉE DES BEAUX-ARTS DU CANADA National Gallery of Canada
– Paiements au Musée pour les dépenses de fonctionnem capital
2015-2016-2017
Chapter 17: Appropriation Act No. 2, 2017–18 SCHEDULE 1 (French)
No du crédit 5
Postes – Paiements au Musée à l’égard de l’acquisition d’objets sée et des frais connexes
MUSÉE NATIONAL DES SCIENCES ET DE LA TECHNOLOG National Museum of Science and Technology 1
– Paiements au Musée pour les dépenses de fonctionnem capital OFFICE DES TRANSPORTS DU CANADA Canadian Transportation Agency
– Dépenses du programme OFFICE NATIONAL DE L’ÉNERGIE National Energy Board
– Dépenses du programme – Contributions OFFICE NATIONAL DU FILM National Film Board
– Dépenses du programme PPP CANADA INC. PPP Canada Inc.
– Paiements à la société pour les dépenses de fonctionne
– Paiements à la société pour les investissements effectu Canada REGISTRAIRE DE LA COUR SUPRÊME DU CANADA Registrar of the Supreme Court of Canada
– Dépenses du programme
SECRÉTARIAT DES CONFÉRENCES INTERGOUVERNEMEN Canadian Intergovernmental Conference Secretariat 1
– Dépenses du programme SECRÉTARIAT DU CONSEIL DU TRÉSOR Treasury Board Secretariat
– Dépenses du programme
– Autorisation, au titre du paragraphe 29.1(2) de la Loi su publiques, d’affecter, au cours de l’exercice, les recette lui-ci et provenant de la prestation de services de soutie l’article 29.2 de cette loi et de ses autres activités, à la c penses engagées au cours de l’exercice
– Versement, à chacun des membres du Conseil privé de qui a qualité de ministre sans portefeuille ou de ministr rige pas un département d’État, d’un traitement n’excéd ministres d’État qui dirigent un département d’État, au tements, rajusté en application de l’article 67 de la Loi s Canada et au prorata, pour toute période inférieure à u 5
Dépenses éventuelles du gouvernement
– Autorisation donnée au Conseil du Trésor d’augmenter
2015-2016-2017
Chapter 17: Appropriation Act No. 2, 2017–18 SCHEDULE 1 (French)
No du crédit
Postes
– Autorisation donnée au Conseil du Trésor de payer pou gentes ou imprévues auxquelles il n’est pas pourvu par toute subvention ou contribution qui ne figure pas dan pour l’exercice et l’augmentation du montant de toute s dans la mesure où ces dépenses sont conformes au ma l’organisme dont le crédit est ainsi augmenté
– Autorisation de réemployer les sommes affectées à des crédits et versées au présent crédit 10
Initiatives pangouvernementales
– Autorisation donnée au Conseil du Trésor d’augmenter l’exercice, pour appuyer la mise en œuvre d’initiatives nistration publique fédérale en matière de gestion strat 20
Assurances de la fonction publique
– À l’égard de tout ou partie de la fonction publique et de déterminées par le Conseil du Trésor, paiements effect programmes d’assurance, de pension, d’avantages soc tentes — ou de l’administration de ces programmes ou au titre des primes, contributions, avantages sociaux, f
– Autorisation d’affecter tous revenus ou toutes autres so cadre des programmes d’assurance, de pension, d’avan d’autres ententes :
a) pour compenser notamment les primes, contribu frais et autres dépenses liés à ces programmes ou a
b) pour rembourser les employés éligibles, en appli 96(3) de la Loi sur l’assurance-emploi, pour l’excéde 25
Report du budget de fonctionnement
– Autorisation donnée au Conseil du Trésor d’augmenter l’exercice en raison du report de tout budget de fonctio précédent 30
Besoins en matière de rémunération
– Autorisation donnée au Conseil du Trésor d’augmenter l’exercice pour : a) des prestations parentales et de maternité;
b) des versements liés à la cessation de service ou d
c) des rajustements apportés aux modalités de serv nistration publique fédérale, notamment la Gendarm et des membres des Forces canadiennes, qui n’ont p crédit 15, Rajustements à la rémunération. 33
Report du budget des dépenses en capital
– Autorisation donnée au Conseil du Trésor d’augmenter l’exercice en raison du report de tout budget des dépen cice précédent SÉNAT Senate 1
– Dépenses du programme, notamment les paiements lié bureaux des sénateurs et le versement d’une allocation sident du Sénat au lieu de la mise à sa disposition d’un – Contributions
SERVICE ADMINISTRATIF DES TRIBUNAUX JUDICIAIRES Courts Administration Service 1
– Dépenses du programme
2015-2016-2017
Chapter 17: Appropriation Act No. 2, 2017–18 SCHEDULE 1 (French)
No du crédit
Postes
SERVICE CANADIEN D’APPUI AUX TRIBUNAUX ADMINIS Administrative Tribunals Support Service of Canada 1
– Dépenses du programme
– Autorisation dʼeffectuer des dépenses recouvrables liée gime de pensions du Canada et de la Loi sur l’assuranc SERVICE CANADIEN DU RENSEIGNEMENT DE SÉCURITÉ Canadian Security Intelligence Service 1
– Dépenses du programme SERVICE CORRECTIONNEL DU CANADA Correctional Service of Canada
– Dépenses de fonctionnement
– Subventions inscrites à tout budget des dépenses pour – Contributions
– Autorisation de verser à la Caisse de bienfaisance des d au cours de l’exercice, des activités des détenus financ
– Autorisation d’exploiter des cantines dans les établissem ser les recettes, au cours de l’exercice, à la Caisse de bi
– Paiements, selon les conditions fixées par le gouverneu
a) aux détenus libérés aux prises avec une incapacit leur participation aux activités normales dans des ét ou pour le compte de tels détenus; b) aux personnes à charge de détenus — libérés ou de leur participation à de telles activités.
– Autorisation au ministre de la Sécurité publique et de la réserve de l’approbation du gouverneur en conseil, de avec le gouvernement de toute province en vue, selon
a) de l’incarcération, dans les établissements de cett condamnées ou transférées dans un pénitencier;
b) de l’indemnisation afférente à l’entretien de ces p c) du paiement des frais de construction et d’autres blissements. 5
– Dépenses en capital, notamment les paiements :
a) aux collectivités autochtones, au sens de l’article tème correctionnel et la mise en liberté sous conditi visé à l’article 81 de cette loi et prévoyant la prestati nels;
b) aux organisations à but non lucratif prenant part nelles communautaires, aux provinces et aux munic butions pour leurs travaux de construction respectif SERVICE DE PROTECTION PARLEMENTAIRE Parliamentary Protective Service 1
– Dépenses du programme SERVICES PARTAGÉS CANADA Shared Services Canada
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Loi su publiques, d’affecter, au cours de l’exercice, les recette
2015-2016-2017
Chapter 17: Appropriation Act No. 2, 2017–18 SCHEDULE 1 (French)
No du crédit
Postes
celui-ci et provenant de la prestation de services de tec à la compensation des dépenses engagées au cours de 5
– Dépenses en capital SOCIÉTÉ CANADIENNE DES POSTES Canada Post Corporation
– Paiements à la Société à des fins spéciales
SOCIÉTÉ CANADIENNE D’HYPOTHÈQUES ET DE LOGEME Canada Mortgage and Housing Corporation 1
– Paiements à la Société visant à la rembourser pour les r elle sur les prêts consentis, les subventions et contribu penses contractées, les pertes subies et les frais et déb cas : a) au titre de la Loi nationale sur l’habitation;
b) dans le cadre des attributions qui lui sont conféré dérale et qu’elle exerce en conformité avec la Loi su d’hypothèques et de logement. SOCIÉTÉ DU CENTRE NATIONAL DES ARTS National Arts Centre Corporation 1
– Paiements à la Société pour les dépenses de fonctionne SOCIÉTÉ RADIO-CANADA Canadian Broadcasting Corporation
– Paiements à la Société pour les dépenses de fonctionne
– Paiements à la Société pour le fonds de roulement
– Paiements à la Société pour les dépenses en capital
STATION CANADIENNE DE RECHERCHE DANS LʼEXTRÊM Canadian High Arctic Research Station 1
– Dépenses du programme
– Subventions inscrites à tout budget des dépenses pour – Contributions STATISTIQUE CANADA Statistics Canada 1
– Dépenses du programme
– Subventions inscrites à tout budget des dépenses pour
– Autorisation, au titre du paragraphe 29.1(2) de la Loi su publiques, d’affecter, au cours de l’exercice, les recette lui-ci et provenant notamment de la prestation de servi en vertu de l’article 29.2 de cette loi, à la compensation engagées au cours de l’exercice TÉLÉFILM CANADA Telefilm Canada 1
– Paiements à la société devant servir aux fins prévues pa Canada
2015-2016-2017
Chapter 17: Appropriation Act No. 2, 2017–18 SCHEDULE 1 (French)
No du crédit
Postes
TRIBUNAL DES ANCIENS COMBATTANTS (RÉVISION ET A Veterans Review and Appeal Board 1
– Dépenses du programme VIA RAIL CANADA INC. VIA Rail Canada Inc.
– Paiements à la société pour les dépenses liées à sa gest – Paiements à la société pour les dépenses en capital
– Paiements à la société en vue de la prestation d’un serv conformément aux contrats conclus en vertu du sous-a (Transports) de la Loi no 1 de 1977 portant affectation d
2015-2016-2017
Chapter 17: Appropriation Act No. 2, 2017–18 SCHEDULE 2
SCHEDULE 2
Based on the Main Estimates 2017–18, the amount granted is $4, out in this Schedule ($6,082,359,051) less the total of the interim tion Act No. 1, 2017–18 ($1,520,589,762.75).
Sums granted to Her Majesty by this Act for the fiscal year endin following fiscal year ending March 31, 2019 and the purposes for w Vote No.
Items CANADA BORDER SERVICES AGENCY Agence des services frontaliers du Canada
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal
(a) fees, related to border operations, for the provisi of a facility or for a product, right or privilege; and (b) payments received under contracts entered into 5
– Capital expenditures CANADA REVENUE AGENCY Agence du revenu du Canada
– Operating expenditures – Contributions
– Authority to make recoverable expenditures in relation Canada Pension Plan and the Employment Insurance A 5
– Capital expenditures
– Authority to make recoverable expenditures in relation Canada Pension Plan and the Employment Insurance A PARKS CANADA AGENCY Agence Parcs Canada 1
– Program expenditures – Capital expenditures
– The grants listed in any of the Estimates for the fiscal y – Contributions, including
(a) expenditures on other than federal property; and
(b) payments to provinces and municipalities as con cost of undertakings carried out by those bodies 5
– Amounts credited to the New Parks and Historic Sites A specified in subsection 21(3) of the Parks Canada Agen
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Chapter 17: Appropriation Act No. 2, 2017–18 SCHEDULE 2 (French)
ANNEXE 2
D’après le Budget principal des dépenses 2017-2018, la somme a postes figurant à la présente annexe (6 082 359 051 $), moins le to Loi de crédits no 1 pour 2017-2018 (1 520 589 762,75 $).
Sommes accordées par la présente loi à Sa Majesté pour l’exercice en cours et à l’exercice suivant se terminant le 31 mars 2019, et fin No du crédit
Postes AGENCE DES SERVICES FRONTALIERS DU CANADA Canada Border Services Agency
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Loi su publiques, d’affecter, au cours de l’exercice, les recette lui-ci et provenant des éléments ci-après, à la compens gées au cours de l’exercice :
a) les droits — liés aux activités à la frontière — perç service, l’utilisation d’une installation, l’achat d’un p droit ou d’un privilège;
b) les paiements reçus au titre de contrats conclus p 5
– Dépenses en capital AGENCE DU REVENU DU CANADA Canada Revenue Agency
– Dépenses de fonctionnement – Contributions
– Autorisation dʼeffectuer des dépenses recouvrables liée gime de pensions du Canada et de la Loi sur l’assuranc 5
– Dépenses en capital
– Autorisation dʼeffectuer des dépenses recouvrables liée gime de pensions du Canada et de la Loi sur l’assuranc AGENCE PARCS CANADA Parks Canada Agency 1
– Dépenses du programme – Dépenses en capital
– Subventions inscrites à tout budget des dépenses pour – Contributions, notamment :
a) les dépenses afférentes à des propriétés autres q ment fédéral;
b) les paiements aux provinces et aux municipalités l’égard des engagements assumés par ces dernière 5
– Sommes créditées au Compte des nouveaux parcs et li fins visées au paragraphe 21(3) de la Loi sur l’Agence P
Published under authority of the Speaker of the House of Commons 2015-2016-2017
Disponible sur le site Web du Parlem
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First Session, Forty-second Parliament, 64-65-66 Elizabeth II, 2015-2016-2017
STATUTES OF CANADA 2017
CHAPTER 9
An Act to amend the Public Service Labour Relations Act, the Public Service Labour Relations and Employment Board Act and other Acts and to provide for certain other meas- ures
ASSENTED TO JUNE 19, 2017 BILL C-7
RECOMMENDATION His Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act to amend the Public Service Labour Relations Act, the Public Service Labour Relations and Employment Board Act and other Acts and to provide for certain other measures”.
SUMMARY This enactment amends the Public Service Labour Relations Act to provide for a labour relations regime for members of the Royal Canadian Mounted Police and reservists. It provides a process for an employee organization to acquire collective bargaining rights for members and reservists and includes provisions that regulate collective bargaining, arbitration, unfair labour practices and grievances. It also amends the Royal Canadian Mounted Police Act to bar grievances related to the interpretation and application of a collective agreement or arbitral award, which are to be filed in accordance with the Public Service Labour Relations Act. It changes the title of the Public Service Labour Relations Act and the Public Service Labour Relations and Employment Board Act and the name of the Public Service Labour Relations and Employment Board. It also amends that latter Act to increase the maximum number of full-time members of the Board and to require the Chairperson, when making recommendations for appointment, to take into account the need for two members with knowledge of police organizations.
ii
64-65-66 ELIZABETH II
CHAPTER 9
An Act to amend the Public Service Labour Relations Act, the Public Service Labour Relations and Employment Board Act and other Acts and to provide for certain other meas- ures
[Assented to 19th June, 2017] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 2003, c. 22, s. 2
Public Service Labour Relations Act 1 The long title of the Public Service Labour Relations Act is replaced by the following:
An Act respecting labour relations in the federal public sector 2 Section 1 of the Act is replaced by the following:
Short title 1 This Act may be cited as the Federal Public Sector
Labour Relations Act. 2013, c. 40, s. 366(1)
3 (1) The definitions Board, council of employee
organizations and employee organization in subsection 2(1) of the Act are replaced by the following: Board means the Federal Public Sector Labour Relations and Employment Board referred to in subsection 4(1) of the Federal Public Sector Labour Relations and Employment Board Act. (Commission) council of employee organizations means a council formed by two or more employee organizations within the meaning of paragraph (a) of the definition employee
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organization or by two or more employee organizations within the meaning of paragraph (b) of that definition. (regroupement d’organisations syndicales) employee organization means (a) in respect of employees who are not RCMP members or reservists, an organization of employees that has as one of its purposes the regulation of relations between the employer and its employees for the purposes of Parts 1 and 2; and (b) in respect of employees who are RCMP members or reservists, an organization of those employees that has as one of its purposes the regulation of relations between the employer and its employees for the purposes of Parts 1, 2 and 2.1. (organisation syndicale)
(2) Paragraph (d) of the definition employee in subsection 2(1) of the Act is replaced by the following: (d) a person who is an officer as defined in subsection 2(1) of the Royal Canadian Mounted Police Act; (3) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:
National Joint Council means the National Joint Council whose establishment was authorized by Order in Council P.C. 3676, dated May 16, 1944. (Conseil national mixte) RCMP member, except in Division 2 of Part 2.1, means a member as defined in subsection 2(1) of the Royal Canadian Mounted Police Act who is appointed to a rank. (membre de la GRC) reservist means a person who is appointed as a reservist under regulations made under subsection 11(1) of the Royal Canadian Mounted Police Act. (réserviste) 2013, c. 40, s. 366(2)
(4) Subsection 2(4) of the Act is replaced by the following:
Casual employment (4) For the purposes of paragraph (f) of the definition
employee in subsection (1) and paragraph (e) of the definition employee in subsection 206(1), a person employed in the part of the public service to which the Public Service Commission has the exclusive right to
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make appointments is employed on a casual basis if the person was appointed under section 50 of the Public Service Employment Act. (5) Section 2 of the Act is amended by adding the
following after subsection (5): Reference to employee organization (6) Unless the context otherwise requires, a reference to
an employee organization includes a reference to a council of employee organizations, and a reference to an employee organization within the meaning of paragraph (a) or (b), as the case may be, of the definition employee organization in subsection 2(1) includes a reference to a council formed by two or more employee organizations within the meaning of that paragraph. 4 The definition National Joint Council in subsection 4(1) of the Act is repealed. 4.1 The Act is amended by adding the following after section 7:
Right of Commissioner of Royal Canadian Mounted Police preserved 7.1 Nothing in this Act is to be construed as affecting the right or authority of the Commissioner of the Royal Canadian Mounted Police under the Royal Canadian Mounted Police Act to ensure that police operations are effective. 2013, c. 40, s. 367
5 Section 13 of the Act is replaced by the following:
Adjudication services 13 The Board is to provide adjudication services that consist of the hearing of applications and complaints made under this Part and Division 1 of Part 2.1, the referral of grievances to adjudication in accordance with Part 2 and Division 2 of Part 2.1 and the hearing of matters brought before the Board under Part 3. 2013, c. 40, s. 368
6 Paragraph 39(m) of the Act is replaced by the
following: (m) any other matter that is incidental or conducive to
the attainment of the objects of this Part or Division 1 of Part 2.1. 7 Section 54 of the Act is replaced by the following:
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Right to apply 54 Subject to section 55, an employee organization within the meaning of paragraph (a) of the definition employee organization in subsection 2(1) that seeks to be certified as bargaining agent for a group of employees that it considers constitutes a unit that is appropriate for collective bargaining may apply to the Board, in accordance with the regulations, for certification as bargaining agent for the proposed bargaining unit. The Board must notify the employer of the application without delay. 8 The portion of section 56 of the Act before
paragraph (a) is replaced by the following: Continuation of terms and conditions 56 After being notified of an application for certification made in accordance with this Part or Division 1 of Part 2.1, the employer is not authorized, except under a collective agreement or with the consent of the Board, to alter the terms and conditions of employment that are applicable to the employees in the proposed bargaining unit and that may be included in a collective agreement until
9 (1) The portion of subsection 59(1) of the Act
before paragraph (a) is replaced by the following: Application 59 (1) After being notified of an application for certification made in accordance with this Part or Division 1 of Part 2.1, the employer may apply to the Board for an order declaring that any position of an employee in the proposed bargaining unit is a managerial or confidential position on the grounds that (2) Paragraph 59(1)(e) of the Act is replaced by
the following: (e) the occupant of the position has substantial management duties, responsibilities and authority over employees or has duties and responsibilities dealing formally on behalf of the employer with grievances presented in accordance with the grievance process provided for under Part 2 or Division 2 of Part 2.1; 2014, c. 40, s. 9
10 Subsection 64(1) of the Act is replaced by the following:
Duty to certify employee organization 64 (1) If the Board is satisfied on the basis of the results of a secret ballot representation vote that a majority of
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the employees in a proposed bargaining unit who have cast a ballot have voted to have the applicant employee organization represent them as their bargaining agent, the Board must, subject to this Part and Division 1 of Part 2.1, certify the employee organization as the bargaining agent for the unit.
11 Section 70 of the Act is amended by adding the
following after subsection (2): Limitation (3) Despite subsection (1), the Board is not permitted to
review the structure of the bargaining unit determined under section 238.14. 2013, c. 40, s. 300
12 Subsection 79(2) of the Act is replaced by the following:
Board to determine questions (2) If any question arises in respect of the merger, amalgamation or transfer of jurisdiction concerning the rights, privileges and duties of an employee organization under this Part or Division 1 of Part 2.1 or under a collective agreement or an arbitral award in respect of a bargaining unit or an employee in a bargaining unit, the Board, on application by the employer or any person or employee organization concerned, must determine what rights, privileges and duties have been acquired or are retained. 13 Subsection 100(2) of the Act is replaced by the following:
Additional circumstances (2) The circumstances set out in subsection (1) apply in addition to the circumstances in which a certification may be revoked under sections 94 to 99 and section 238.17. 14 Subsection 101(2) of the Act is replaced by the
following: Determination of rights of bargaining agent (2) If the certification of an employee organization is revoked by the Board under section 96, any of sections 98 to 100 or section 238.17, the Board must, on application by the employee organization or any employee organization that is substituted in the place of a bargaining agent under paragraph 67(c), determine any question as to any right or duty of the employee organization or of the substituted employee organization.
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15 The portion of section 113 of the Act before
paragraph (a) is replaced by the following: Collective agreement not to require legislative implementation 113 A collective agreement that applies to a bargaining
unit — other than a bargaining unit determined under section 238.14 — must not, directly or indirectly, alter or eliminate any existing term or condition of employment or establish any new term or condition of employment if 16 Section 114 of the Act is replaced by the following: Agreement is binding 114 Subject to and for the purposes of this Part and Division 1 of Part 2.1, a collective agreement is binding on the employer, the bargaining agent and every employee in the bargaining unit on and after the day on which it has effect. To the extent that the collective agreement deals with matters referred to in section 12 of the Financial Administration Act, the collective agreement is also binding, on and after that day, on every deputy head responsible for any portion of the federal public administration that employs employees in the bargaining unit. 17 Subsection 144(1) of the Act is replaced by the
following: Referral to arbitration 144 (1) Subject to sections 150 and 238.22, after establishing the arbitration board, the Chairperson must without delay refer the matters in dispute to the board. 18 The portion of subsection 150(1) of the Act before paragraph (a) is replaced by the following:
Award not to require legislative implementation 150 (1) An arbitral award that applies to a bargaining unit — other than a bargaining unit determined under section 238.14 — must not, directly or indirectly, alter or eliminate any existing term or condition of employment, or establish any new term or condition of employment, if 19 Section 154 of the Act is replaced by the following: Binding effect 154 Subject to and for the purposes of this Part and Division 1 of Part 2.1, as of the day on which it is made, the arbitral award binds the employer and the bargaining agent that are parties to it and the employees in the bargaining unit in respect of which the bargaining agent has
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been certified. To the extent that it deals with matters referred to in section 12 of the Financial Administration Act, the arbitral award is also binding, on and after that day, on every deputy head responsible for any portion of the federal public administration that employs employees in the bargaining unit. 2013, c. 40, s. 310
20 Subsections 158.1(1) and (2) of the Act are replaced by the following:
Review 158.1 (1) Within seven days after the day on which an
arbitral award is made, the Chairperson may direct the arbitration board to review the arbitral award, or any part of it, if in the Chairperson’s opinion, the arbitral award, or any part of it, does not represent a reasonable application of the factors referred to in section 148 and, if applicable, the factor referred to in section 238.21, based on a full consideration of the written submissions provided to the arbitration board. Review — application (2) On application by either party to an arbitral award,
made within seven days after the day on which the arbitral award is made, the Chairperson may, within seven days after the day on which the application is made, direct the arbitration board to review the arbitral award, or any part of it, if in the Chairperson’s opinion, the arbitral award, or any part of it, does not represent a reasonable application of the factors referred to in section 148 and, if applicable, the factor referred to in section 238.21, based on a full consideration of the written submissions provided to the arbitration board. 21 (1) The portion of subsection 186(1) of the Act
before paragraph (a) is replaced by the following: Unfair labour practices — employer 186 (1) No employer, and, whether or not they are acting on the employer’s behalf, no person who occupies a managerial or confidential position and no person who is an officer as defined in subsection 2(1) of the Royal Canadian Mounted Police Act or who occupies a position held by such an officer, shall (2) The portion of subsection 186(2) of the Act before subparagraph (a)(i) is replaced by the following: Unfair labour practices — employer (2) No employer, no person acting on the employer’s behalf, and, whether or not they are acting on the employer’s behalf, no person who occupies a managerial or
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confidential position and no person who is an officer as defined in subsection 2(1) of the Royal Canadian Mounted Police Act or who occupies a position held by such an officer, shall (a) refuse to employ or to continue to employ, or suspend, lay off, discharge for the promotion of economy and efficiency in the Royal Canadian Mounted Police or otherwise discriminate against any person with respect to employment, pay or any other term or condition of employment, or intimidate, threaten or otherwise discipline any person, because the person
(3) Subparagraphs 186(2)(a)(ii) to (iv) of the Act
are replaced by the following: (ii) has testified or otherwise participated, or may testify or otherwise participate, in a proceeding under this Part or Part 2 or 2.1, (iii) has made an application or filed a complaint
under this Part or Division 1 of Part 2.1 or presented a grievance under Part 2 or Division 2 of Part 2.1, or (iv) has exercised any right under this Part or Part 2 or 2.1; (4) Paragraph 186(2)(b) of the Act is replaced by the following: (b) impose, or propose the imposition of, any condition on an appointment, or in an employee’s terms and conditions of employment, that seeks to restrain an employee or a person seeking employment from becoming a member of an employee organization or exercising any right under this Part or Part 2 or 2.1; or (5) Subparagraphs 186(2)(c)(i) to (iii) of the Act are replaced by the following: (i) testifying or otherwise participating in a proceeding under this Part or Part 2 or 2.1, (ii) making a disclosure that the person may be required to make in a proceeding under this Part or Part 2 or 2.1, or (iii) making an application or filing a complaint under this Part or Division 1 of Part 2.1 or presenting a grievance under Part 2 or Division 2 of Part 2.1.
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(6) Paragraph 186(4)(a) of the Act is replaced by
the following: (a) if the employer or person is acting in accordance
with this Part or Division 1 of Part 2.1, or a regulation, a collective agreement or an arbitral award; or (7) Subsection 186(6) of the Act is replaced by the following:
Exception (6) The employer or a person does not commit an unfair
labour practice under any of paragraphs (1)(a) or (b) or (2)(a) to (c) by reason only of any act or thing done or omitted in relation to a person who occupies, or is proposed to occupy, a managerial or confidential position or to a person who is an officer as defined in subsection 2(1) of the Royal Canadian Mounted Police Act or who occupies a position held by such an officer. 22 (1) Paragraph 188(d) of the Act is replaced by
the following: (d) expel or suspend an employee from membership
in the employee organization, or take disciplinary action against, or impose any form of penalty on, an employee by reason of that employee having exercised any right under this Part or Part 2 or 2.1 or having refused to perform an act that is contrary to this Part or Division 1 of Part 2.1; or (2) Subparagraphs 188(e)(i) to (iii) of the Act are replaced by the following: (i) testified or otherwise participated or may testify or otherwise participate in a proceeding under this Part or Part 2 or 2.1, (ii) made an application or filed a complaint under
this Part or Division 1 of Part 2.1 or presented a grievance under Part 2 or Division 2 of Part 2.1, or (iii) exercised any right under this Part or Part 2 or
2.1.
23 (1) Paragraph 189(1)(b) of the Act is replaced by the following: (b) to refrain from exercising any other right under
this Part or Part 2 or 2.1.
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(2) Subsection 189(2) of the Act is replaced by the following:
Exception (2) A person does not commit an unfair labour practice referred to in subsection (1) by reason of any act or thing done or omitted in relation to a person who occupies, or who is proposed to occupy, a managerial or confidential position or to a person who is an officer as defined in subsection 2(1) of the Royal Canadian Mounted Police Act or who occupies a position held by such an officer. 24 Subsection 191(2) of the Act is replaced by the following:
Refusal to determine complaint involving collective agreement (2) The Board may refuse to determine a complaint
made under subsection 190(1) in respect of a matter that, in the Board’s opinion, could be referred to adjudication under Part 2 or Division 2 of Part 2.1 by the complainant. 25 Subparagraph 192(1)(b)(i) of the English version of the Act is replaced by the following: (i) employ, continue to employ or permit to return to the duties of their employment any person whom the employer or any person acting on the employer’s behalf has refused to employ or continue to employ, has suspended, transferred, laid off, discharged for the promotion of economy and efficiency in the Royal Canadian Mounted Police or otherwise discriminated against, or discharged contrary to that paragraph, 26 The Act is amended by adding the following after section 199:
Prohibition Relating to Counselling Counselling in respect of peace officer duties 199.1 No employee organization and no officer or representative of an employee organization shall counsel any RCMP member or reservist not to carry out their duties as a peace officer. 27 Subsection 202(3) of the Act is replaced by the
following: Employee organization (3) Every employee organization that contravenes section 199.1 is guilty of an offence and liable on summary conviction to a fine of not more than $10,000.
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Prosecution of employee organization (4) A prosecution for an offence under any of subsections (1) to (3) may be brought against an employee organization and in the name of that organization and, for the purposes of the prosecution, the employee organization is deemed to be a person. 28 Section 203 of the Act is replaced by the following: Officers and representatives of employee organizations 203 Every officer or representative of an employee organization who contravenes subsection 194(1) or section 199.1 is guilty of an offence and liable on summary conviction to a fine of not more than $10,000.
2014, c. 20, par. 481(2)(f)
29 The definitions employee and individual grievance in subsection 206(1) of the Act are replaced by the following:
employee means a person employed in the public service, other than (a) a person appointed by the Governor in Council under an Act of Parliament to a statutory position described in that Act; (b) a person locally engaged outside Canada; (c) a person not ordinarily required to work more than one third of the normal period for persons doing similar work; (d) a person who is an officer as defined in subsection 2(1) of the Royal Canadian Mounted Police Act; (e) a person employed on a casual basis; (f) a person employed on a term basis, unless the term of employment is for a period of three months or more or the person has been so employed for a period of three months or more; (g) a member as defined in subsection 2(1) of the
Royal Canadian Mounted Police Act who occupies a managerial or confidential position; or (h) a person who is employed under a program designated by the employer as a student employment program. (fonctionnaire)
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individual grievance means a grievance presented in accordance with section 208 or 238.24. (grief individuel) 30 The portion of subsection 209(1) of the Act before paragraph (a) is replaced by the following:
Reference to adjudication 209 (1) An employee who is not a member as defined
in subsection 2(1) of the Royal Canadian Mounted Police Act may refer to adjudication an individual grievance that has been presented up to and including the final level in the grievance process and that has not been dealt with to the employee’s satisfaction if the grievance is related to 31 Section 214 of the Act is replaced by the following:
Decision final and binding 214 If an individual grievance has been presented up to and including the final level in the grievance process and it is not one that under section 209 or 238.25 may be referred to adjudication, the decision on the grievance taken at the final level in the grievance process is final and binding for all purposes of this Act and no further action under this Act may be taken on it. 32 Paragraph 237(1)(h) of the Act is replaced by
the following: (h) the specification of the time within which and the persons to whom notices and other documents must be sent or given under this Part or Division 2 of Part 2.1, and when the notices are deemed to have been sent, given or received; and 33 The Act is amended by adding the following after section 238:
PART 2.1
Provisions Unique to the Royal Canadian Mounted Police Interpretation Definition of RCMP Commissioner 238.01 (1) In this Part, RCMP Commissioner means
the Commissioner of the Royal Canadian Mounted Police.
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Definition of RCMP member (2) In Division 2 of this Part, RCMP member has the
meaning assigned by the definition member in subsection 2(1) of the Royal Canadian Mounted Police Act. Inconsistency with Part 1 or 2 238.02 (1) In the event of an inconsistency between a provision of this Part and a provision of Part 1 or 2, the provision of this Part prevails to the extent of the inconsistency.
Inconsistency — clarification (2) Without limiting the generality of subsection (1), section 58 and subsections 208(1) and 209(1) and (2) are inconsistent with this Part. Clarification (3) For greater certainty, (a) the provisions of Part 1, in so far as they are applicable, apply to employees who are RCMP members or reservists unless there is an indication to the contrary; and (b) the provisions of Part 2, in so far as they are applicable, apply to employees who are RCMP members, as defined in subsection 238.01(2), or reservists unless there is an indication to the contrary.
Employer’s right preserved 238.03 Nothing in this Act is to be construed as affecting the right or authority of the Treasury Board to determine categories of members as defined in subsection 2(1) of the Royal Canadian Mounted Police Act.
Duties preserved 238.04 Nothing in this Act is to be construed as affecting any duties of members as defined in subsection 2(1) of the Royal Canadian Mounted Police Act who are peace officers, or any duties of reservists who are peace officers, including duties imposed under that Act.
Unique Role as Police Organization Board’s additional duty 238.05 In administering this Act and in exercising the
powers and performing the duties and functions that are conferred or imposed on it by this Act, or as are incidental to the attainment of the objects of this Act, including the making of orders requiring compliance with this Act,
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with regulations made under it or with decisions made in respect of a matter coming before the Board, the Board must, in matters concerning RCMP members and reservists, take into account the unique role of the Royal Canadian Mounted Police as a police organization in protecting public safety and national security and its need to deploy its members and reservists as it sees fit.
DIVISION 1
Labour Relations Adjournment of Proceedings Prejudice to ongoing investigations or proceedings 238.06 (1) The Board must, on the request of the RCMP Commissioner or the employer, adjourn all proceedings in relation to any matter before the Board under this Division or Part 1 that concerns a person who is or was an RCMP member or a reservist if the Board is satisfied that to continue those proceedings would prejudice an ongoing criminal investigation or an ongoing criminal or civil proceeding.
Maximum period of adjournment (2) No adjournment may be for a period of more than 90
days. However, the RCMP Commissioner or the employer may request more than one adjournment in relation to a matter.
Law Enforcement, Public Safety and National Security Non-disclosure 238.07 (1) The RCMP Commissioner may, in connection with any matter or proceeding before the Board under this Division or Part 1 that concerns a person who is or was an RCMP member or a reservist, object to the disclosure to the Board or to a party of any information whose disclosure would, in that Commissioner’s opinion, be injurious to law enforcement, public safety or national security.
Notice of objection (2) If the RCMP Commissioner objects to the disclosure
of information under subsection (1), he or she must, as soon as feasible, give written notice of the objection and the reasons for it to the Board and to the parties.
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Other provisions do not apply (3) The RCMP Commissioner may object to the disclosure of information under subsection (1) despite any provision of this Act or the Federal Public Sector Labour Relations and Employment Board Act that would otherwise permit the Board to require that the information be disclosed. Former judge (4) If the RCMP Commissioner objects to the disclosure
of information under subsection (1), the Minister must, at the written request of the Board or a party, appoint a former judge of a superior court of a province or the Federal Court to review the information and to make an order under section 238.08.
Oath of secrecy (5) In order to be appointed, the former judge must obtain a security clearance from the Government of Canada and take the oath of secrecy prescribed by regulation. Notice of appointment (6) The Minister must provide notice to the Board, to the
parties and to the RCMP Commissioner when a former judge has been appointed in accordance with subsection (4). The Board, the parties and the RCMP Commissioner may make their representations to the former judge only within 30 days after the day on which the notice is sent or any longer period, not more than 60 days after the day on which the notice is sent, that the former judge may permit. Former judge to have access (7) The former judge is to have access to the information
about which an objection is made under subsection (1) for the purposes of the review. Order regarding disclosure 238.08 (1) Unless the former judge concludes that the disclosure of the information about which an objection is made under subsection 238.07(1) would be injurious to law enforcement, public safety or national security, the former judge must order that the RCMP Commissioner’s objection under section 238.07 to the disclosure of that information be dismissed.
Disclosure required (2) If the former judge concludes that the disclosure of
all or part of that information would be injurious to law enforcement, public safety or national security but that the public interest in disclosure outweighs in importance the public interest in non-disclosure, the former judge, after considering the public interest in disclosure, must
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order the RCMP Commissioner to disclose to the Board or to the party, as the case may be, all or that part of that information, a summary of that information or a written admission of facts relating to that information.
No disclosure required (3) If the former judge does not make an order under subsection (1) or order disclosure under subsection (2), they must make an order upholding the RCMP Commissioner’s objection to the disclosure.
Time limit (4) The order of the former judge must be made within 30 days after the day on which the period referred to in subsection 238.07(6) expires or within any longer period, not more than 60 days after the day on which the period referred to in that subsection expires, that the Minister permits.
Prohibition (5) The former judge must not include in their order any
information that reveals information that they conclude must not be disclosed, or any information from which that information may be inferred. Order final (6) The former judge’s order is final and binding.
Review (7) The RCMP Commissioner’s objection is not subject to review except to the extent and in the manner provided under this section.
Protection 238.09 (1) No criminal, civil or administrative action or
proceeding lies against a former judge, or any person acting on their behalf or under their direction, for anything done, reported or said in good faith in the exercise or purported exercise of any power, or the performance or purported performance of any duty or function, of the former judge under sections 238.07 and 238.08. No summons (2) The former judge, or any person acting on their behalf or under their direction, is not, in respect of any matter coming to the knowledge of the former judge or that person as a result of exercising a power or performing a duty or function of the former judge, a competent or compellable witness in any proceeding other than a
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prosecution for an offence under this Act, the Security of Information Act or section 132 or 136 of the Criminal Code. Use of information 238.1 Information about which an objection is made under subsection 238.07(1) that is disclosed by the RCMP Commissioner to the Board or to a party in connection with the matter or proceeding that gave rise to the objection may be used only in connection with that matter or proceeding.
Memorandum of understanding 238.11 The Chairperson and the RCMP Commissioner may enter into a memorandum of understanding setting out principles and procedures respecting the disclosure of information referred to in subsection 238.07(1) and the protection of that information if it is disclosed.
Disclosure of information — other legal proceedings 238.12 (1) If the RCMP Commissioner discloses information about which an objection is made under subsection 238.07(1) to the Board or to a party in connection with the matter or proceeding that gave rise to the objection, the Board or that party is not to be required, in connection with any other criminal, civil or administrative action or proceeding, to give or produce evidence relating to that information.
Application (2) Except as provided by any other Act of Parliament that expressly refers to it, this section applies despite any other Act of Parliament, other than the Access to Information Act and the Privacy Act.
Section prevails (3) This section applies despite subsection 13(1) of the
Auditor General Act and subsection 79.3(1) of the Parliament of Canada Act.
Certification of Bargaining Agents Right to apply 238.13 (1) Subject to section 55, an employee organization within the meaning of paragraph (b) of the definition employee organization in subsection 2(1) that seeks to be certified as the bargaining agent for the group that consists exclusively of all the employees who are RCMP members and all the employees who are reservists may apply to the Board, in accordance with the
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regulations, for certification as bargaining agent for that group. The Board must notify the employer of the application without delay. Requirements for certification (2) The Board may certify an employee organization referred to in subsection (1) as the bargaining agent for the group only if it determines that the employee organization — and, in the case of a council of employee organizations, each employee organization forming the council — meets the following requirements: (a) it has as its primary mandate the representation of employees who are RCMP members; (b) it is not affiliated with a bargaining agent or other
association that does not have as its primary mandate the representation of police officers; and (c) it is not certified as bargaining agent for any other group of employees.
Clarification (3) For greater certainty, (a) for the purposes of subsection (2), participation by
an employee organization in the National Joint Council is not considered to be an affiliation with a bargaining agent or other association that does not have as its primary mandate the representation of police officers; and (b) no application is permitted to be made under section 54 in respect of employees who are RCMP members or reservists. Determination of unit 238.14 If an application for certification is made under subsection 238.13(1), the Board must determine that the group that consists exclusively of all the employees who are RCMP members and all the employees who are reservists constitutes the single, national bargaining unit that is appropriate for collective bargaining.
Limitation 238.15 An employee organization that is certified as the
bargaining agent for the bargaining unit determined under section 238.14 is not entitled to seek to be certified as bargaining agent for any other group of employees. Limitation 238.16 Despite section 58, the Board does not have jurisdiction to determine that an employee who is not an RCMP member or a reservist is included in the bargaining unit determined under section 238.14.
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Revocation of Certification Mandate or affiliation 238.17 (1) The Board must revoke the certification of
an employee organization as the bargaining agent for the bargaining unit determined under section 238.14 if the Board, on application by the employer or any employee in that bargaining unit, determines that the employee organization — or, in the case of a council of employee organizations, any employee organization forming part of the council — no longer has as its primary mandate the representation of employees who are RCMP members or that it is affiliated with a bargaining agent or other association that does not have as its primary mandate the representation of police officers. Clarification (2) For greater certainty, (a) for the purposes of subsection (1), participation by an employee organization in the National Joint Council is not considered to be an affiliation with a bargaining agent or other association that does not have as its primary mandate the representation of police officers; and (b) the circumstances set out in subsection (1) apply
in addition to the circumstances in which a certification may be revoked under sections 94 to 100.
Process for Dispute Resolution Arbitration 238.18 Sections 103 and 104 do not apply to disputes between the employer and the bargaining agent for the bargaining unit determined under section 238.14. The process for the resolution of those disputes is arbitration.
Restriction on Content of Collective Agreement Restriction 238.19 A collective agreement that applies to the bargaining unit determined under section 238.14 must not, directly or indirectly, alter or eliminate any existing term or condition of employment or establish any new term or condition of employment if (a) doing so would require the enactment or amendment of any legislation by Parliament, except for the
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purpose of appropriating money required for the implementation of the term or condition; or (b) the term or condition is one that has been or may
be established under the Royal Canadian Mounted Police Superannuation Act, the Royal Canadian Mounted Police Pension Continuation Act, the Public Service Employment Act, the Public Service Superannuation Act or the Government Employees Compensation Act.
Essential Services, Conciliation and Strike Votes Non-application of Divisions 8, 10 and 11 of Part 1 238.2 Divisions 8, 10 and 11 of Part 1 do not apply in respect of the bargaining unit determined under section 238.14.
Arbitration Arbitral award — additional factor 238.21 In addition to the factors set out in subsection
148(2), the arbitration board may, if relevant to making a determination under subsection 148(1) in regards to a collective agreement that applies to the bargaining unit determined under section 238.14, take into account the impact of the determination on the operational effectiveness of the Royal Canadian Mounted Police. Arbitral award — limitations 238.22 (1) The arbitral award that applies to the bargaining unit determined under section 238.14 must not, directly or indirectly, alter or eliminate any existing term or condition of employment, or establish any new term or condition of employment, if (a) doing so would require the enactment or amendment of any legislation by Parliament, except for the purpose of appropriating money required for the implementation of the term or condition; (b) the term or condition is one that has been or may
be established under the Royal Canadian Mounted Police Superannuation Act, the Royal Canadian Mounted Police Pension Continuation Act, the Public Service Employment Act, the Public Service Superannuation Act or the Government Employees Compensation Act; or (c) doing so would affect either of the following: (i) the organization of the public service, the categories of members as defined in subsection 2(1) of
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the Royal Canadian Mounted Police Act or the assignment of duties to, and the classification of, positions and persons employed in the public service, or (ii) the right or authority of the Commissioner of
the Royal Canadian Mounted Police under the Royal Canadian Mounted Police Act to ensure that police operations are effective. Clarification (2) For greater certainty, subsection 150(2) applies in respect of the arbitral award.
Regulations Regulations 238.23 The Governor in Council may make regulations (a) prescribing the oath of secrecy referred to in subsection 238.07(5); and (b) respecting the measures that are to be taken by the Board or a party to protect the information referred to in subsection 238.07(1) that the Board or the party has received from the RCMP Commissioner in connection with any matter or proceeding before the Board under this Division or Part 1 that concerns a person who is or was an RCMP member or a reservist, and respecting the disclosure of that information by the Board or the party to other persons or entities.
DIVISION 2
Grievances Individual Grievances Limited right to grieve 238.24 Subject to subsections 208(2) to (7), an employee
who is an RCMP member is entitled to present an individual grievance only if they feel aggrieved by the interpretation or application, in respect of the employee, of a provision of a collective agreement or arbitral award.
Limited right to refer to adjudication 238.25 (1) An employee who is an RCMP member may refer to adjudication an individual grievance that has been presented up to and including the final level in the grievance process and that has not been dealt with to the employee’s satisfaction only if the grievance is related to
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the interpretation or application, in respect of the employee, of a provision of a collective agreement or arbitral award. Agreement required (2) Before referring an individual grievance to adjudication, the employee must obtain the approval of their bargaining agent to represent the employee in the adjudication proceedings.
Adjournment of Proceedings Prejudice to ongoing investigations or proceedings 238.26 (1) An adjudicator or the Board must, on the request of the RCMP Commissioner or the employer, adjourn all proceedings in relation to any matter before the adjudicator or the Board under this Division or Part 2 that concerns a person who is or was an RCMP member or a reservist, if the adjudicator or the Board is satisfied that to continue those proceedings would prejudice an ongoing criminal investigation or an ongoing criminal or civil proceeding.
Maximum period of adjournment (2) No adjournment may be for a period of more than 90
days. However, the RCMP Commissioner or the employer may request more than one adjournment in relation to a matter.
Law Enforcement, Public Safety and National Security Non-disclosure 238.27 (1) The RCMP Commissioner may, in connection with any matter or proceeding before an adjudicator or the Board under this Division or Part 2 that concerns a person who is or was an RCMP member or a reservist, object to the disclosure to the adjudicator or the Board, as the case may be, or to a party of any information whose disclosure would, in that Commissioner’s opinion, be injurious to law enforcement, public safety or national security.
Notice of objection (2) If the RCMP Commissioner objects to the disclosure
of information under subsection (1), he or she must, as soon as feasible, give written notice of the objection and the reasons for it to the adjudicator or the Board, as the case may be, and to the parties.
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Other provisions do not apply (3) The RCMP Commissioner may object to the disclosure of information under subsection (1) despite any provision of this Act or the Federal Public Sector Labour Relations and Employment Board Act that would otherwise permit the adjudicator or the Board, as the case may be, to require that the information be disclosed.
Former judge (4) If the RCMP Commissioner objects to the disclosure
of information under subsection (1), the Minister must, at the written request of the adjudicator or the Board, as the case may be, or a party, appoint a former judge of a superior court of a province or the Federal Court to review the information and to make an order under section 238.28.
Oath of secrecy (5) In order to be appointed, the former judge must obtain a security clearance from the Government of Canada and take the oath of secrecy prescribed by regulation.
Notice of appointment (6) The Minister must provide notice to the adjudicator
or the Board, as the case may be, to the parties and to the RCMP Commissioner when a former judge has been appointed in accordance with subsection (4). The adjudicator or the Board, as the case may be, the parties and the RCMP Commissioner may make their representations to the former judge only within 30 days after the day on which the notice is sent or any longer period, not more than 60 days after the day on which the notice is sent, that the former judge may permit. Former judge to have access (7) The former judge is to have access to the information about which an objection is made under subsection (1) for the purposes of the review.
Order regarding disclosure 238.28 (1) Unless the former judge concludes that the disclosure of the information about which an objection is made under subsection 238.27(1) would be injurious to law enforcement, public safety or national security, the former judge must order that the RCMP Commissioner’s objection under section 238.27 to the disclosure of that information be dismissed.
Disclosure required (2) If the former judge concludes that the disclosure of
all or part of that information would be injurious to law enforcement, public safety or national security but that
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the public interest in disclosure outweighs in importance the public interest in non-disclosure, the former judge, after considering the public interest in disclosure, must order the RCMP Commissioner to disclose to the adjudicator, to the Board or to the party, as the case may be, all or that part of that information, a summary of that information or a written admission of facts relating to that information.
No disclosure required (3) If the former judge does not make an order under subsection (1) or order disclosure under subsection (2), they must make an order upholding the RCMP Commissioner’s objection to the disclosure.
Time limit (4) The order of the former judge must be made within 30 days after the day on which the period referred to in subsection 238.27(6) expires or within any longer period, not more than 60 days after the day on which the period referred to in that subsection expires, that the Minister permits.
Prohibition (5) The former judge must not include in their order any
information that reveals information that they conclude must not be disclosed, or any information from which that information may be inferred. Order final (6) The former judge’s order is final and binding.
Review (7) The RCMP Commissioner’s objection is not subject to
review except to the extent and in the manner provided under this section. Protection 238.29 (1) No criminal, civil or administrative action or
proceeding lies against a former judge, or any person acting on their behalf or under their direction, for anything done, reported or said in good faith in the exercise or purported exercise of any power, or the performance or purported performance of any duty or function, of the former judge under sections 238.27 and 238.28. No summons (2) The former judge, or any person acting on their behalf or under their direction, is not, in respect of any matter coming to the knowledge of the former judge or
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that person as a result of exercising a power or performing a duty or function of the former judge, a competent or compellable witness in any proceeding other than a prosecution for an offence under this Act, the Security of Information Act or section 132 or 136 of the Criminal Code. Use of information 238.3 Information about which an objection is made under subsection 238.27(1) that is disclosed by the RCMP Commissioner to an adjudicator or the Board, as the case may be, or to a party in connection with the matter or proceeding that gave rise to the objection may be used only in connection with that matter or proceeding.
Memorandum of understanding 238.31 The Chairperson and the RCMP Commissioner
may enter into a memorandum of understanding setting out principles and procedures respecting the disclosure of information referred to in subsection 238.27(1) and the protection of that information if it is disclosed. Disclosure of information — other legal proceedings 238.32 (1) If the RCMP Commissioner discloses information about which an objection is made under subsection 238.27(1) to an adjudicator or the Board, as the case may be, or to a party in connection with the matter or proceeding that gave rise to the objection, the adjudicator, the Board or that party is not to be required, in connection with any other criminal, civil or administrative action or proceeding, to give or produce evidence relating to that information.
Application (2) Except as provided by any other Act of Parliament that expressly refers to it, this section applies despite any other Act of Parliament, other than the Access to Information Act and the Privacy Act.
Section prevails (3) This section applies despite subsection 13(1) of the
Auditor General Act and subsection 79.3(1) of the Parliament of Canada Act.
Unique Role as Police Organization Consideration 238.33 In considering a grievance that concerns an employee who is an RCMP member or a reservist, the adju2015-2016-2017
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dicator or the Board, as the case may be, must take into account the unique role of the Royal Canadian Mounted Police as a police organization in protecting public safety and national security and its need to deploy its members and reservists as it sees fit.
Regulations Regulations 238.34 The Governor in Council may make regulations (a) prescribing the oath of secrecy referred to in subsection 238.27(5); and (b) respecting the measures that are to be taken by an
adjudicator or the Board, as the case may be, or a party to protect the information referred to in subsection 238.27(1) that the adjudicator, the Board or the party has received from the RCMP Commissioner in connection with any matter or proceeding before the adjudicator or the Board under this Division or Part 2 that concerns a person who is or was an RCMP member or a reservist, and respecting the disclosure of that information by the adjudicator, the Board or the party to other persons or entities. 34 (1) Subparagraph 240(a)(i) of the Act is replaced by the following: (i) “arbitration” is to be read as a reference to adjudication under Part 2 or Division 2 of Part 2.1, (2) Subparagraph 240(a)(v) of the Act is replaced
by the following: (v) a “trade union” is to be read as a reference to an employee organization within the meaning of subsection 2(1) and includes, unless the context otherwise requires, a council of employee organizations within the meaning of that subsection; 2013, c. 40, s. 365
Public Service Labour Relations and Employment Board Act
35 The long title of the Public Service Labour Relations and Employment Board Act is replaced by the following:
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An Act respecting the Federal Public Sector Labour Relations and Employment Board 36 Section 1 of the Act is replaced by the following:
Short title 1 This Act may be cited as the Federal Public Sector
Labour Relations and Employment Board Act. 37 The heading “Establishment and Composition” before section 4 of the Act is replaced by the following:
Continuance and Composition 38 (1) Subsection 4(1) of the Act is replaced by
the following: Continuance of Board 4 (1) The Public Service Labour Relations and Employment Board is continued under the name of the Federal Public Sector Labour Relations and Employment Board. (2) Paragraph 4(2)(c) of the Act is replaced by the following: (c) not more than 12 other members who are to hold office on a full-time basis; and 39 Section 6 of the Act is amended by adding the following after subsection (1):
Knowledge of police organizations (1.1) In preparing the list, the Chairperson must take into account the need for the Board to have two members with knowledge of police organizations.
R.S., c. R-10
Royal Canadian Mounted Police Act 2013, c. 18, s. 21(1)
40 (1) Subsection 31(1) of the Royal Canadian
Mounted Police Act is replaced by the following:
Member’s right 31 (1) Subject to subsections (1.01) to (3), if a member is
aggrieved by a decision, act or omission in the administration of the affairs of the Force in respect of which no
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other process for redress is provided by this Act, the regulations or the Commissioner’s standing orders, the member is entitled to present the grievance in writing at each of the levels, up to and including the final level, in the grievance process provided for by this Part. (2) Section 31 of the Act is amended by adding the
following after subsection (1): Limitation (1.01) A grievance that relates to the interpretation or
application, in respect of a member, of a provision of a collective agreement or arbitral award must be presented under the Federal Public Sector Labour Relations Act.
Consequential Amendments R.S., c. C-5
Canada Evidence Act 2013, c. 40, s. 448
41 Item 11 of the schedule to the Canada Evidence Act is replaced by the following: 11 The Federal Public Sector Labour Relations and Employment Board referred to in subsection 4(1) of the Federal Public Sector Labour Relations and Employment Board Act, for the purposes of a grievance process under the Federal Public Sector Labour Relations Act with respect to an employee of the Canadian Security Intelligence Service, with the exception of any information provided to the Board by the employee
R.S., c. C-23
Canadian Security Intelligence Service Act 2013, c. 40, s. 449
42 Subsection 8(3) of the Canadian Security Intelligence Service Act is replaced by the following: Adjudication of employee grievances (3) When a grievance is referred to adjudication, the adjudication shall not be heard or determined by any person, other than a full-time member of the Federal Public Sector Labour Relations and Employment Board referred to in subsection 4(1) of the Federal Public Sector Labour Relations and Employment Board Act.
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R.S., c. F-7
Federal Courts Act 2003, c. 22, s. 262
43 Paragraph 28(1)(i) of the Federal Courts Act is replaced by the following: (i) the Federal Public Sector Labour Relations and Employment Board referred to in subsection 4(1) of the Federal Public Sector Labour Relations and Employment Board Act; R.S., c. F-11
Financial Administration Act 2003, c. 22, s. 8
44 Subparagraph 11.1(1)(g)(i) of the Financial
Administration Act is replaced by the following: (i) the manner in which deputy heads in the core public administration may deal with grievances under the Federal Public Sector Labour Relations Act to which they are a party, and the manner in which they may deal with them if the grievances are referred to adjudication under subsection 209(1) or 238.25(1) of that Act, and
1985, c. 33 (2nd Supp.)
Parliamentary Employment and Staff Relations Act 2013, c. 40, s. 425
45 The definition Board in section 3 of the Parliamentary Employment and Staff Relations Act is replaced by the following:
Board means the Federal Public Sector Labour Relations and Employment Board referred to in subsection 4(1) of the Federal Public Sector Labour Relations and Employment Board Act; (Commission)
2013, c. 40, s. 426
46 The portion of section 9 of the Act before
paragraph (a) is replaced by the following: Application 9 Unless otherwise provided in this Part, the provisions
of the Federal Public Sector Labour Relations and Employment Board Act and the Federal Public Sector
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Labour Relations Act respecting the Board apply also in respect of this Part except that, for the purpose of that application, 1992, c. 33
Status of the Artist Act 2013, c. 40, s. 466
47 Paragraph 9(3)(a) of the Status of the Artist Act is replaced by the following: (a) employees, within the meaning of the Federal
Public Sector Labour Relations Act, including those determined to be employees by the Federal Public Sector Labour Relations and Employment Board, and members of a bargaining unit that is certified by that Board; or 2003, c. 22, ss. 12, 13
Public Service Employment Act 2003, c. 40, s. 403(2)
48 The definition Board in subsection 2(1) of the
Public Service Employment Act is replaced by the following: Board means the Federal Public Sector Labour Relations and Employment Board referred to in subsection 4(1) of the Federal Public Sector Labour Relations and Employment Board Act. (Commission des relations de travail et de l’emploi) 2005, c. 46
Public Servants Disclosure Protection Act 2006, c. 9, s. 218
49 Paragraph 51(a) of the Public Servants Disclosure Protection Act is replaced by the following: (a) the presentation of an individual grievance under
subsection 208(1) or section 238.24 of the Federal Public Sector Labour Relations Act; or
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2009, c. 2, s. 394
Public Sector Equitable Compensation Act 2013, c. 40, s. 441
50 The definition Board in subsection 2(1) of the
Public Sector Equitable Compensation Act is replaced by the following: Board means the Federal Public Sector Labour Relations and Employment Board referred to in subsection 4(1) of the Federal Public Sector Labour Relations and Employment Board Act. (Commission) 51 Section 16 of the Act is replaced by the following:
Collective agreement 16 The provisions of a collective agreement between an
employer and a bargaining agent in relation to equitable compensation may not be inconsistent with sections 113 and 238.19 of the Federal Public Sector Labour Relations Act. 2013, c. 40, s. 361
52 Section 17 of the Act is replaced by the following: Arbitration 17 If arbitration has been chosen under subsection
104(1) of the Federal Public Sector Labour Relations Act as, or is, by reason of subsection 104(2) or section 238.18 of that Act, the process for the resolution of disputes, questions concerning the provision of equitable compensation to employees may be the subject of a request for arbitration under subsection 136(1) of that Act. 53 Subsection 19(1) of the Act is replaced by the following:
Arbitral award 19 (1) The body seized of a request for arbitration under
the Federal Public Sector Labour Relations Act that includes equitable compensation matters shall, subject to sections 150 and 238.22 of that Act, make an arbitral award that sets out a plan to resolve those matters within a reasonable time.
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SOR/2005-79
Public Service Labour Relations Regulations 54 The title of the Public Service Labour Relations Regulations is replaced by the following:
Federal Public Sector Labour Relations Regulations
Terminology Replacement of Public Service Labour Relations Act — Acts 55 (1) In the following provisions, “Public Service Labour Relations Act” is replaced by “Federal Public Sector Labour Relations Act”: (a) in the Canadian Security Intelligence Service Act, (i) subsection 8(2), (ii) the portion of subsection 9(1) before paragraph (a), and (iii) subsection 41(2); (b) subsection 66(6) of the Copyright Act; (c) paragraph 28(1)(i.1) of the Federal Courts
Act; (d) in the Canada Labour Code, (i) paragraph 47(1)(b), (ii) paragraphs 47.1(a) and (b), and (iii) subsection 123(2); (e) in the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act, (i) the definition Public Service of Canada in
subsection 11(2), and (ii) subsection 25(5); (f) in
the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act,
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(i) the definition Public Service of Canada in
subsection 11(1), and (ii) subsection 26(5); (g) subsection 16(3) of the Canadian Space
Agency Act; (h) in the Canada School of Public Service Act, (i) the definition public service in section 2, and (ii) subsection 15(3); (i) the definition public service in subsection 2(1) of the Civil Air Navigation Services Commercialization Act; (j) section 12 of the Canadian Food Inspection
Agency Act; (k) section 138 of the Canada Marine Act; (l) in the Parks Canada Agency Act, (i) subsection 13(2), and (ii) section 15; (m) section 50 of the Canada Revenue Agency Act; (n) section 18 of the Canadian Institutes of Health Research Act; (o) subsection 49(2) and paragraph 49(3)(c) of
the Proceeds of Crime (Money Laundering) and Terrorist Financing Act; (p) in the Public Service Employment Act, (i) section 14, and (ii) paragraph 27(a); (q) in the Public Sector Equitable Compensation Act, (i) the definition collective agreement in subsection 2(1), (ii) section 18, (iii) sections 20 and 21, (iv) subsection 25(1),
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(v) subsection 33(6), (vi) subsections 39(2) and (4), and (vii) section 45; (r) in the Public Service Labour Relations and Employment Board Act, (i) the definitions bargaining agent and employer in section 2, and (ii) paragraph 5(1)(c); and (s) in the Economic Action Plan 2015 Act, No. 1, (i) the definition employee in subsection 253(1), (ii) subsection 253(2), (iii) subsection 254(1), (iv) section 257, (v) subsection 260(1), (vi) paragraph 262(1)(b), (vii) section 267, (viii) paragraph 268(1)(b), and (ix) sections 270 and 271.
Other references (2) Unless the context requires otherwise, every reference to the Public Service Labour Relations Act in any provision of an Act of Parliament other than a provision referred to in subsection (1) is to be read as a reference to the Federal Public Sector Labour Relations Act.
Replacement of Public Service Labour Relations and Employment Board Act — Acts 56 (1) In the following provisions, “Public Service Labour Relations and Employment Board
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Act” is replaced by “Federal Public Sector Labour Relations and Employment Board Act”: (a) in the Parliamentary Employment and
Staff Relations Act, (i) subsection 49(3), (ii) paragraph 66(4)(a), and (iii) section 66.1; (b) in the Public Service Labour Relations Act, (i) paragraph 2(3)(a), (ii) subsections 147(1) and (2), (iii) subsections 174(1) and (2), (iv) subsection 226(1), (v) section 233, and (vi) subsection 234(2); and (c) subsection 103(2) of the Public Service Employment Act.
Other references (2) Unless the context requires otherwise, every
reference to the Public Service Labour Relations and Employment Board Act in any provision of an Act of Parliament other than a provision referred to in subsection (1) is to be read as a reference to the Federal Public Sector Labour Relations and Employment Board Act.
Replacement of “Public Service Labour Relations and Employment Board” — Acts 57 (1) In the following provisions, “Public Service Labour Relations and Employment Board” is replaced by “Federal Public Sector Labour Relations and Employment Board”: (a) the heading of Division I of Part I of the
Parliamentary Employment and Staff Relations Act; (b) in the Public Service Labour Relations Act, (i) the heading of Division 4 of Part 1, and
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(ii) subparagraph 240(a)(ii) and paragraphs 240(b) and (c); (c) the heading of Part 6 of the Public Service
Employment Act; (d) the heading “Public Service Labour Relations and Employment Board” before section 25 of the Public Sector Equitable Compensation Act; and (e) in the Public Service Labour Relations and
Employment Board Act, (i) the heading “Public Service Labour Relations and Employment Board” before section 4, and (ii) the oath or solemn affirmation in section
9. Other replacements (2) In the following provisions, “Public Service Labour Relations and Employment Board” and “Commission des relations de travail et de l’emploi dans la fonction publique” are replaced by “Federal Public Sector Labour Relations and Employment Board” and “Commission des relations de travail et de l’emploi dans le secteur public fédéral”, respectively: (a) Part II of Schedule I to the Public Service
Superannuation Act; (b) Schedule I to the Public Sector Compensation Act, under the heading “Other Portions of the Public Service”; and (c) the schedule to the Administrative Tribunals Support Service of Canada Act. Other references (3) Unless the context requires otherwise, every
reference to the Public Service Labour Relations and Employment Board in any provision of an Act of Parliament other than a provision referred to in subsection (1) or (2) is to be read as a reference to the Federal Public Sector Labour Relations and Employment Board.
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Replacement of Public Service Labour Relations Act — regulations and SOR/2005-59 58 (1) In the following provisions, “Public Service Labour Relations Act” is replaced by “Federal Public Sector Labour Relations Act”: (a) the definition Act in section 1 of the Public
Service Labour Relations Regulations; (b) in the Public Service Labour Relations Act Separate Agency Designation Order, (i) the title, and (ii) section 1; (c) section 80 of the Northwest Territories Mining Regulations; and (d) section 80 of the Nunavut Mining Regulations.
Replacement of “that Act” — SI/2005-17 (2) The Order Designating the Minister of Canadian Heritage as Minister for Purposes of the Act is amended by replacing “that Act” with “Federal Public Sector Labour Relations Act”.
Other references (3) Unless the context requires otherwise, every reference to the Public Service Labour Relations Act in any provision of a regulation, as defined in section 2 of the Statutory Instruments Act, made under an Act of Parliament, other than a provision referred to in subsection (1) is to be read as a reference to the Federal Public Sector Labour Relations Act.
Replacement of Public Service Labour Relations and Employment Board Act — SI/2015-102 59 (1) Paragraph (b) of the Order Designating
the Minister of Public Works and Government Services to be the Minister referred to in the Act is amended by replacing “Public Service Labour Relations and Employment Board Act” with “Federal Public Sector Labour Relations and Employment Board Act”.
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Other references — regulations (2) Unless the context requires otherwise, every
reference to the Public Service Labour Relations and Employment Board Act in any provision of a regulation, as defined in section 2 of the Statutory Instruments Act, made under an Act of Parliament is to be read as a reference to the Federal Public Sector Labour Relations and Employment Board Act.
Replacement of “Public Service Labour Relations and Employment Board” — SOR/86-1140 60 (1) Forms 3, 4, 6 to 9, 11 to 14, 17 and 18 of the Parliamentary Employment and Staff Relations Regulations are amended by replacing “Public Service Labour Relations and Employment Board” with “Federal Public Sector Labour Relations and Employment Board”.
Other references (2) Unless the context requires otherwise, every
reference to the Public Service Labour Relations and Employment Board in any provision of a regulation, as defined in section 2 of the Statutory Instruments Act, made under an Act of Parliament, other than a provision referred to in subsection (1) is to be read as a reference to the Federal Public Sector Labour Relations and Employment Board.
Transitional Provisions Definitions 61 (1) The following definitions apply in this section and sections 62 to 64. former Act means the Public Service Labour Relations Act, as it read immediately before the coming into force of section 2. (ancienne loi) member has the same meaning as in subsection 2(1) of the Royal Canadian Mounted Police Act. (membre) reservist means a person who is appointed as a reservist under regulations made under
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subsection 11(1) of the Royal Canadian Mounted Police Act. (réserviste) Same meaning (2) Unless the context requires otherwise, words
and expressions used in sections 62 to 64 have the same meaning as in subsection 2(1) of the former Act. Individual grievances 62 (1) Any individual grievance presented by a member under subsection 208(1) of the former Act, before the day on which section 238.24 of the Federal Public Sector Labour Relations Act, as enacted by section 33, comes into force, that is not related to the interpretation or application, in respect of the member, of a provision of a collective agreement or arbitral award, is deemed never to have been presented, and any decision made in respect of such a grievance or any decision made on a review of the decision is deemed never to have had effect.
Extension of limitation period (2) For the purpose of presenting a grievance or taking any other process of redress under the Royal Canadian Mounted Police Act, and despite any provision of that Act, if an individual grievance has been deemed under subsection (1) never to have been presented, or if any decision on such a grievance has been deemed under that subsection never to have had effect, the member who presented the individual grievance has, if the subject matter of the grievance or other redress is the same as the subject matter of the individual grievance, 30 days from the day on which section 33 comes into force to present that grievance or to take that other process of redress.
Limitation (3) Subsection (2) applies only in the case of an
individual grievance that, if it had been presented under the Royal Canadian Mounted Police Act or if another process of redress under that Act had been taken, would have been presented within the time established under that Act to present the grievance or take the other process of redress. Existing applications for certification 63 (1) If, before the day on which section 238.13
of the Federal Public Sector Labour Relations Act, as enacted by section 33, comes into force, an
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employee organization makes an application under section 54 of the former Act to be certified as bargaining agent for a group of employees that includes employees who are members appointed to a rank, or employees who are reservists, the employee organization must not be certified as bargaining agent for the group, unless (a) the group consists exclusively of all the employees who are members appointed to a rank, other than officers as defined in subsection 2(1) of the Royal Canadian Mounted Police Act, and all the employees who are reservists; and (b) the employee organization — and, in the
case of a council of employee organizations, each employee organization forming the council — meets the following requirements: (i) it has as its primary mandate the representation of employees who are members appointed to a rank, other than officers as defined in subsection 2(1) of the Royal Canadian Mounted Police Act, (ii) it is not affiliated with a bargaining agent
or other association that does not have as its primary mandate the representation of police officers, and (iii) it is not certified as the bargaining agent
for any other group of employees.
Clarification (2) For greater certainty, for the purposes of
subsection (1), participation by an employee organization in the National Joint Council is not considered to be an affiliation with a bargaining agent or other association that does not have as its primary mandate the representation of police officers. Certification of no effect (3) If an employee organization is certified as the
bargaining agent for a bargaining unit contrary to subsection (1), that decision or any decision made on a review of the decision is deemed never to have had effect. Certification in respect of any other group (4) If, before the day on which section 33 comes into force, an employee organization that meets the requirements set out in paragraph (1)(b) is
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certified as the bargaining agent for the group described in paragraph (1)(a), any decision made before that day in respect of an application made by that employee organization to be certified as bargaining agent for any other group of employees is deemed never to have had effect. Existing application for certification (5) If, before the day on which section 33 comes into force, an employee organization that meets the requirements set out in paragraph (1)(b) is certified as the bargaining agent for the bargaining unit composed of the group described in paragraph (1)(a), on that day, the employee organization’s application for certification made under section 54 of the former Act is deemed to have been an application for certification made under subsection 238.13(1) of the Federal Public Sector Labour Relations Act, as enacted by section 33, instead of under that section 54, and that bargaining unit is deemed to have been determined under section 238.14 of the Federal Public Sector Labour Relations Act.
Existing application for certification (6) If, on or after the day on which section 33
comes into force, an employee organization that meets the requirements set out in paragraph (1)(b) is certified as the bargaining agent for the bargaining unit composed of the group described in paragraph (1)(a), and the employee organization made the application for certification under section 54 of the former Act, on being so certified the employee organization’s application for certification is deemed to have been an application for certification made under subsection 238.13(1) of the Federal Public Sector Labour Relations Act, as enacted by section 33, instead of under that section 54, and that bargaining unit is deemed to have been determined under section 238.14 of the Federal Public Sector Labour Relations Act. Membership in bargaining unit — members and reservists 64 (1) Any application that is made under section 58 of the former Act before the day on which section 238.16 of the Federal Public Sector Labour Relations Act, as enacted by section 33, comes into force, in regards to whether members appointed to a rank or reservists are included in a bargaining unit, other than a bargaining unit composed of the group described in paragraph 63(1)(a), is deemed never to have been made, and any decision made in respect of the application
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or on any review of the decision is deemed never to have had effect. Membership in bargaining unit — other employees (2) Any application that is made under section 58
of the former Act before the day on which section 238.16 of the Federal Public Sector Labour Relations Act, as enacted by section 33, comes into force, in regards to whether any employee other than a member appointed to a rank or a reservist is included in a bargaining unit composed of the group described in paragraph 63(1)(a) for which an employee organization that meets the requirements set out in paragraph 63(1)(b) is certified as the bargaining agent, is deemed never to have been made, and any decision made in respect of the application or on any review of the decision is deemed never to have had effect. Published date 65 As of the date published by the Treasury Board in the Canada Gazette under subsection 86(1) of the Enhancing Royal Canadian Mounted Police Accountability Act, a reference in subsections 63(1) and 64(1) and (2) to a member appointed to a rank is to be read as a reference to a member.
Coordinating Amendments 2009, c. 2; 2013, c. 40
66 (1) If section 2 of this Act comes into force before a section or a subsection that is referred to in the following paragraphs, that section or subsection is amended by replacing “the Act” with “the Federal Public Sector Labour Relations Act”: (a) sections 401 to 404 of the Budget Implementation Act, 2009; and (b) in the Economic Action Plan 2013 Act, No. 2, (i) subsection 307(2), (ii) subsection 316(2), (iii) subsections 325(1) to (3), (iv) subsections 326(1) and (2), (v) sections 327 to 332, (vi) sections 334 and 335, and
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(vii) subsections 336(1) and (2). (2) If a section or subsection referred to in paragraph (1)(a) or (b) comes into force on the same day as section 2 of this Act, then that section or subsection is deemed to have come into force before that section 2. 2013, c. 18
67 (1) The following definitions apply in this section. other Act means the Act enacted by section 2 of chapter 22 of the Statutes of Canada, 2003, as amended from time to time. (autre loi) published date means the date published by the Treasury Board in the Canada Gazette under subsection 86(1) of the Enhancing Royal Canadian Mounted Police Accountability Act. (date publiée) (2) If subsection 3(3) and section 30 of this Act come into force before the published date, then, on the published date, (a) the definition RCMP member in subsection 2(1) of the other Act is replaced by the following:
RCMP member has the meaning assigned by the definition member in subsection 2(1) of the Royal Canadian Mounted Police Act. (membre de la GRC) (b) the portion of subsection 209(1) of the other
Act before paragraph (a) is replaced by the following: Reference to adjudication 209 (1) An employee who is not an RCMP member may refer to adjudication an individual grievance that has been presented up to and including the final level in the grievance process and that has not been dealt with to the employee’s satisfaction if the grievance is related to (c) section 238.01 of the other Act is replaced by the following:
Definition of RCMP Commissioner 238.01 In this Part, RCMP Commissioner means the
Commissioner of the Royal Canadian Mounted Police.
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(d) subsection 238.02(3) of the other Act is replaced by the following: Clarification (3) For greater certainty, the provisions of Parts 1 and 2, in so far as they are applicable, apply to employees who are RCMP members or reservists unless there is an indication to the contrary. (3) If the published date is before the day on
which subsection 3(3) and section 30 of this Act come into force, or if the published date and the day on which that subsection 3(3) and section 30 come into force are the same, then, on the day on which that subsection 3(3) and section 30 come into force, (a) the definition RCMP member in subsection
2(1) of the other Act is replaced by the following: RCMP member has the meaning assigned by the definition member in subsection 2(1) of the Royal Canadian Mounted Police Act. (membre de la GRC) (b) the portion of subsection 209(1) of the other Act before paragraph (a) is replaced by the following:
Reference to adjudication 209 (1) An employee who is not an RCMP member may
refer to adjudication an individual grievance that has been presented up to and including the final level in the grievance process and that has not been dealt with to the employee’s satisfaction if the grievance is related to (c) section 238.01 of the other Act is replaced by
the following: Definition of RCMP Commissioner 238.01 In this Part, RCMP Commissioner means the
Commissioner of the Royal Canadian Mounted Police. (d) subsection 238.02(3) of the other Act is replaced by the following: Clarification (3) For greater certainty, the provisions of Parts 1 and 2,
in so far as they are applicable, apply to employees who are RCMP members or reservists unless there is an indication to the contrary.
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2013, c. 18 and c. 40
68 (1) The following definitions apply in this section. other Act means the Economic Action Plan 2013 Act, No. 2. (autre loi) published date means the date published by the Treasury Board in the Canada Gazette under subsection 86(1) of the Enhancing Royal Canadian Mounted Police Accountability Act. (date publiée) (2) If the published date is before the day on
which subsection 40(2) of this Act comes into force, and if that subsection 40(2) comes into force before the day on which section 340 of the other Act comes into force, then that section 340 is amended by replacing the subsection 40.1(3) that it enacts with the following: Federal Public Sector Labour Relations Act — employees (3) A complaint must not be dealt with by the Commission under section 40 if it is made by an employee, as defined in subsection 206(1) of the Federal Public Sector Labour Relations Act, other than an RCMP member, as defined in subsection 2(1) of that Act, against their employer, as defined in that subsection 2(1), and it alleges that the employer has engaged in a discriminatory practice set out in section 7, 8, 10 or 14.
Federal Public Sector Labour Relations Act — RCMP members (3.1) A complaint made by an employee, as defined in
subsection 206(1) of the Federal Public Sector Labour Relations Act, who is an RCMP member, as defined in subsection 2(1) of that Act, against their employer, as defined in that subsection 2(1), or a complaint made by the bargaining agent for the bargaining unit determined under section 238.14 of that Act, must not be dealt with by the Commission under section 40 if it relates to the interpretation or application, in respect of the employee or of the members of the bargaining unit, as the case may be, of a provision of a collective agreement or arbitral award and alleges that the employer has engaged in a discriminatory practice set out in section 7, 8, 10 or 14. (3) If the day on which subsection 40(2) of this Act
comes into force and the published date are the same, and that day and date are before the day on which section 340 of the other Act comes into force, then that section 340 is amended by replacing the subsection 40.1(3) that it enacts with the
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subsections 40.1(3) and (3.1) that are set out in subsection (2) of this section. (4) If subsection 40(2) of this Act comes into force
before the published date, and if the published date is before the day on which section 340 of the other Act comes into force, then that section 340 is amended by replacing the subsection 40.1(3) that it enacts with the subsections 40.1(3) and (3.1) that are set out in subsection (2) of this section. (5) If subsection 40(2) of this Act comes into force
before section 340 of the other Act, and if that section 340 comes into force before the published date, then (a) subsection 40.1(3) of the Canadian Human Rights Act is replaced by the following:
Federal Public Sector Labour Relations Act — employees (3) A complaint must not be dealt with by the Commission under section 40 if it is made by an employee, as defined in subsection 206(1) of the Federal Public Sector Labour Relations Act, other than an RCMP member, as defined in subsection 238.01(2) of that Act, against their employer, as defined in subsection 2(1) of that Act, and it alleges that the employer has engaged in a discriminatory practice set out in section 7, 8, 10 or 14. Federal Public Sector Labour Relations Act — RCMP members (3.1) A complaint made by an employee, as defined in
subsection 206(1) of the Federal Public Sector Labour Relations Act, who is an RCMP member, as defined in subsection 238.01(2) of that Act, against their employer, as defined in subsection 2(1) of that Act, or a complaint made by the bargaining agent for the bargaining unit determined under section 238.14 of that Act, must not be dealt with by the Commission under section 40 if it relates to the interpretation or application, in respect of the employee or of the members of the bargaining unit, as the case may be, of a provision of a collective agreement or arbitral award and alleges that the employer has engaged in a discriminatory practice set out in section 7, 8, 10 or 14. (b) on the published date, subsections 40.1(3)
and (3.1) of the Canadian Human Rights Act are replaced by the subsections 40.1(3) and (3.1) that are set out in subsection (2) of this section.
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(6) If the day on which section 340 of the other Act comes into force and the published date are the same, and that day and date are after the day on which subsection 40(2) of this Act comes into force, then subsection 40.1(3) of the Canadian Human Rights Act is replaced by the subsections 40.1(3) and (3.1) that are set out in subsection (2) of this section. (7) If section 340 of the other Act comes into force before subsection 40(2) of this Act, and if that subsection 40(2) comes into force before the published date, then (a) subsection 40.1(3) of the Canadian Human
Rights Act is replaced by the subsections 40.1(3) and (3.1) that are set out in paragraph (5)(a) of this section; (b) on the published date, subsections 40.1(3) and (3.1) of the Canadian Human Rights Act are replaced by the subsections 40.1(3) and (3.1) that are set out in subsection (2) of this section. (8) If subsection 40(2) of this Act comes into force
on the same day as section 340 of the other Act, and if that day is before the published date, then that section 340 is deemed to have come into force before that subsection 40(2) and subsection (7) applies as a consequence. (9) If the published date and the day on which
section 340 of the other Act comes into force are both before the day on which subsection 40(2) of this Act comes into force, then, on the day on which that subsection 40(2) comes into force, subsection 40.1(3) of the Canadian Human Rights Act is replaced by the subsections 40.1(3) and (3.1) that are set out in subsection (2) of this section. (10) If subsection 40(2) of this Act comes into force on the same day as section 340 of the other Act, and if that day is after the published date, then subsection 40.1(3) of the Canadian Human Rights Act is replaced by the subsections 40.1(3) and (3.1) that are set out in subsection (2) of this section. (11) If the day on which subsection 40(2) of this Act comes into force and the published date are the same, and if that day and date are after the day on which section 340 of the other Act comes
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into force, then subsection 40.1(3) of the Canadian Human Rights Act is replaced by the subsections 40.1(3) and (3.1) that are set out in subsection (2) of this section. (12) If the day on which subsection 40(2) of this Act comes into force, the day on which section 340 of the other Act comes into force and the published date are all the same, then subsection 40.1(3) of the Canadian Human Rights Act is replaced by the subsections 40.1(3) and (3.1) that are set out in subsection (2) of this section. 2013, c. 40
69 (1) The following definitions apply in this section. first Act means the Economic Action Plan 2013 Act, No. 2. (première loi) second Act means the Act enacted by section 2 of chapter 22 of the Statutes of Canada, 2003, as amended from time to time. (deuxième loi) (2) On the first day on which all of subsections 325(2) and (3) of the first Act and sections 33 and 49 of this Act are in force, (a) subsection 238.02(2) of the second Act is replaced by the following: Inconsistency — clarification (2) Without limiting the generality of subsection (1), section 58, subsections 208(1) and (8) and 209(1) and (2) and section 235 are inconsistent with this Part. (b) section 238.24 of the second Act is replaced by the following:
Limited right to grieve 238.24 (1) Subject to subsection (2) and subsections
208(2) and (3) and (5) to (7), an employee who is an RCMP member is entitled to present an individual grievance only if they feel aggrieved by the interpretation or application, in respect of the employee, of a provision of a collective agreement or arbitral award. Agreement required (2) Despite subsection 208(4), an employee who is an
RCMP member and who is included in a bargaining unit may present an individual grievance only if they have the approval of and are represented by the bargaining agent for the bargaining unit, unless the grievance relates to the interpretation or application, in respect of the employee, of a provision of a collective agreement or arbitral
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award and alleges that the employer has engaged in a discriminatory practice set out in section 7, 8, 10 or 14 of the Canadian Human Rights Act. Discriminatory practices (3) In the case of an employee referred to in subsection (2), an individual grievance that relates to the interpretation or application, in respect of the employee, of a provision of a collective agreement or arbitral award and alleges that the employer has engaged in a discriminatory practice set out in section 7, 8, 10 or 14 of the Canadian Human Rights Act must be presented at the first level in the grievance process within one year after the last of the acts or omissions that gave rise to the grievance, or any longer period that the Board considers appropriate in the circumstances. (c) paragraph 51(a) of the Public Servants Disclosure Protection Act is replaced by the following: (a) the presentation of an individual grievance under subsection 208(1) or 238.24(1) of the Federal Public Sector Labour Relations Act; or (3) On the first day on which both subsection
326(1) of the first Act and section 33 of this Act are in force, section 238.25 of the second Act is replaced by the following: Limited right to refer to adjudication 238.25 (1) An employee who is an RCMP member may refer to adjudication an individual grievance that has been presented up to and including the final level in the grievance process and that has not been dealt with to the employee’s satisfaction only if the grievance is related to the interpretation or application, in respect of the employee, of a provision of a collective agreement or arbitral award, whether or not it alleges that the employer has engaged in a discriminatory practice set out in section 7, 8, 10 or 14 of the Canadian Human Rights Act.
Agreement required (2) An employee who is an RCMP member and who is included in a bargaining unit may refer an individual grievance to adjudication only if the bargaining agent for the bargaining unit has agreed to represent the employee in the adjudication proceedings, unless the grievance relates to the interpretation or application, in respect of the employee, of a provision of a collective agreement or arbitral award and alleges that the employer has engaged in a discriminatory practice set out in section 7, 8, 10 or 14 of the Canadian Human Rights Act.
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(4) On the first day on which both section 335 of the first Act and section 33 of this Act are in force, the second Act is amended by adding the following after section 238.25:
Expenses 238.251 (1) Subject to subsection (2), if an individual grievance is referred to adjudication by an aggrieved employee who is an RCMP member, the expenses of the adjudication are to be borne in equal parts by the employer and the bargaining agent that represents the aggrieved employee in the adjudication proceedings.
Discriminatory practices (2) If an individual grievance that alleges that the employer has engaged in a discriminatory practice set out in section 7, 8, 10 or 14 of the Canadian Human Rights Act is referred to adjudication by an aggrieved employee who is an RCMP member, the expenses of the adjudication are to be borne by the Board.
Recovery (3) Any amount that by this section is payable by a bargaining agent may be recovered as a debt due to Her Majesty in right of Canada. The bargaining agent is deemed to be a person for the purposes of this subsection. Determination by Chairperson (4) For the purpose of this section, the expenses of the adjudication are determined by the Chairperson. (5) If subsection 467(5) or (7) of the first Act has
not produced its effects before the day on which section 2 of this Act comes into force, that subsection is amended by replacing “Public Service Labour Relations Act” with “Federal Public Sector Labour Relations Act”. (6) If subsection 467(5) or (7) of the first Act produces its effects on the day on which section 2 of this Act comes into force, then that subsection is deemed to have produced its effects before the day on which that section 2 comes into force. (7) If paragraph 469(2)(b) of the first Act has not
produced its effects before the day on which section 5 of this Act comes into force, then that paragraph is replaced by the following:
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(b) on the day on which the Public Sector Equitable Compensation Act comes into force, sections 13 and 14 of the second Act are replaced by the following:
Adjudication services 13 The Board is to provide adjudication services that consist of the hearing of applications and complaints made under this Part and Division 1 of Part 2.1, the referral of grievances to adjudication in accordance with Part 2 and Division 2 of Part 2.1 and the hearing of matters brought before the Board under Part 3. The Board is also to provide adjudication services in accordance with the Public Sector Equitable Compensation Act.
Mediation services 14 The Board is to provide mediation services that consist of (a) assisting parties in the negotiation of collective agreements and their renewal; (b) assisting parties in the management of the relations resulting from the implementation of collective agreements; (c) mediating in relation to grievances; and (d) assisting the Chairperson in discharging his or her responsibilities under this Act.
The Board is also to provide mediation services in accordance with the Public Sector Equitable Compensation Act. (8) If paragraph 469(2)(b) of the first Act produces its effects on the day on which section 5 of this Act comes into force, then section 13 of the second Act is replaced by the following: Adjudication services 13 The Board is to provide adjudication services that consist of the hearing of applications and complaints made under this Part and Division 1 of Part 2.1, the referral of grievances to adjudication in accordance with Part 2 and Division 2 of Part 2.1 and the hearing of matters brought before the Board under Part 3. The Board is also to provide adjudication services in accordance with the Public Sector Equitable Compensation Act. (9) If paragraph 469(9)(b) of the first Act has not
produced its effects before the day on which section 36 of this Act comes into force, that paragraph is amended by replacing “Public Service Labour Relations and Employment Board Act,
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as enacted by section 365 of this Act,” with “Federal Public Sector Labour Relations and Employment Board Act”. (10) If paragraph 469(9)(b) of the first Act produces its effects on the day on which section 36 of this Act comes into force, then that paragraph is deemed to have produced its effects before that coming into force. Bill C-4 70 (1) Subsections (2) to (4) apply if Bill C-4, introduced in the 1st Session of the 42nd Parliament and entitled “An Act to amend the Canada Labour Code, the Parliamentary Employment and Staff Relations Act, the Public Service Labour Relations Act and the Income Tax Act” (in this section referred to as the other Act) receives royal assent. (2) If section 8 of the other Act comes into force
before section 10 of this Act, then that section 10 is repealed. (3) If section 10 of this Act comes into force before section 8 of the other Act, that section 8 and the heading before it are replaced by the following: 2003, c. 22, s. 2
Federal Public Sector Labour Relations Act 8 Subsections 64(1) and (1.1) of the Federal Public Sector Labour Relations Act are replaced by the following: Conditions for certification 64 (1) After having determined the unit appropriate for
collective bargaining, the Board must certify the applicant employee organization as the bargaining agent for the bargaining unit if the Board is satisfied (a) that a majority of employees in that bargaining
unit wish the applicant employee organization to represent them as their bargaining agent; (b) that the persons representing the employee organization in the making of the application have been duly authorized to make the application; and (c) if the applicant is a council of employee organizations, that each of the employee organizations forming
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the council has vested appropriate authority in the council to enable it to discharge the duties and responsibilities of a bargaining agent. (4) If section 8 of the other Act comes into force on the same day as section 10 of this Act, then that section 10 is deemed never to have come into force, and is repealed.
Bill C-5 71 (1) Subsections (2) and (3) apply if Bill C-5, introduced in the 1st Session of the 42nd Parliament and entitled “An Act to repeal Division 20 of Part 3 of the Economic Action Plan 2015 Act, No. 1” (in this section referred to as the other Act) receives royal assent. (2) If section 1 of the other Act comes into force
before section 2 of this Act, then paragraph 57(1)(s) of this Act is repealed. (3) If section 1 of the other Act comes into force
on the same day as section 2 of this Act, then paragraph 57(1)(s) of this Act is deemed never to have come into force, and is repealed.
Published under authority of the Speaker of the House of Commons 2015-2016-2017
Disponible sur le site Web du Parlem
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First Session, Forty-second Parliament, 64-65-66 Elizabeth II, 2015-2016-2017
STATUTES OF CANADA 2017
CHAPTER 8
An Act to implement the Free Trade Agreement between Canada and Ukraine
ASSENTED TO JUNE 1, 2017 BILL C-31
RECOMMENDATION His Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act to implement the Free Trade Agreement between Canada and Ukraine”.
SUMMARY This enactment implements the Free Trade Agreement between Canada and Ukraine, done at Kyiv on July 11, 2016. The general provisions of the enactment set out rules of interpretation and specify that no recourse may be taken on the basis of sections 9 to 15 or any order made under those sections, or on the basis of the provisions of the Agreement, without the consent of the Attorney General of Canada. Part 1 approves the Agreement, provides for the payment by Canada of its share of the expenditures associated with the operation of the institutional and administrative aspects of the Agreement, and gives the Governor in Council the power to make orders in accordance with the Agreement. Part 2 amends certain Acts to bring them into conformity with Canada’s obligations under the Agreement. Part 3 contains coordinating amendments and the coming into force provision.
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TABLE OF PROVISIONS An Act to implement the Free Trade Agreement between Canada and Ukraine
Short Title 1
Canada–Ukraine Free Trade Agreement Implementation Act
Interpretation 2
Definitions
Interpretation consistent with Agreement
Non-application of Act and Agreement to water
Construction
Her Majesty 6
Binding on Her Majesty
Purpose 7
Purpose
Causes of Action 8
Causes of action under sections 9 to 15
PART 1
Implementation of the Agreement Approval 9
Agreement approved
Administrative and Institutional Provisions 10
Canadian representative on Commission
Payment of expenditures
Panels, Committees, Subcommittees, Working Groups, Expert Groups and Other Bodies 12
Powers of Minister
Administrative support
Payment of costs
Orders 15
Orders — Article 17.13 of Agreement
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Chapter 8: Canada–Ukraine Free Trade Agreement Implementation Act TABLE OF PROVISIONS
PART 2
Related Amendments 16
Crown Liability and Proceedings Act
Financial Administration Act
Importation of Intoxicating Liquors Act
Customs Act
Canadian International Trade Tribunal Act
Customs Tariff
Department of Employment and Social Development Act
PART 3
Coordinating Amendments and Coming into Force Coordinating Amendments 43
Canada–European Union Comprehensive Economic and Trade Agreement Implementation Act
Coming into Force 44
Order in council
SCHEDULE 1 SCHEDULE 2 SCHEDULE 3
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64-65-66 ELIZABETH II
CHAPTER 8
An Act to implement the Free Trade Agreement between Canada and Ukraine [Assented to 1st June, 2017]
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Short Title Short title 1 This Act may be cited as the Canada–Ukraine Free
Trade Agreement Implementation Act.
Interpretation Definitions 2 The following definitions apply in this Act.
Agreement means the Free Trade Agreement between Canada and Ukraine, done at Kyiv on July 11, 2016. (Accord) Commission means the Joint Commission established under Article 16.1 of the Agreement. (Commission) federal law means the whole or any portion of an Act of Parliament or a regulation, order or other instrument issued, made or established in the exercise of a power conferred by or under an Act of Parliament. (texte législatif fédéral) Minister means the Minister for International Trade. (ministre) Interpretation consistent with Agreement 3 For greater certainty, this Act and any federal law that implements a provision of the Agreement or fulfils an obligation of the Government of Canada under the
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Agreement is to be interpreted in a manner consistent with the Agreement. Non-application of Act and Agreement to water 4 For greater certainty, nothing in this Act or the Agreement applies to natural surface or ground water in liquid, gaseous or solid state. Construction 5 For greater certainty, nothing in this Act, by specific mention or omission, is to be construed to affect in any manner the right of Parliament to enact legislation to implement any provision of the Agreement or fulfil any of the obligations of the Government of Canada under the Agreement.
Her Majesty Binding on Her Majesty 6 This Act is binding on Her Majesty in right of Canada.
Purpose Purpose 7 The purpose of this Act is to implement the Agreement, the objectives of which, as elaborated more specifically through its provisions, are to (a) establish a free trade area in accordance with the Agreement; (b) promote, through the expansion of reciprocal trade, the harmonious development of the economic relations between Canada and Ukraine in order to create opportunities for economic development; (c) promote conditions of fair competition affecting trade between Canada and Ukraine; (d) eliminate barriers to trade in goods and services in order to contribute to the harmonious development and expansion of world and regional trade; (e) enhance and enforce environmental laws and regulations and strengthen cooperation between Canada and Ukraine on environmental matters; (f) protect, enhance and enforce basic workers’ rights,
strengthen cooperation on labour matters, and build on the respective international commitments of Canada and Ukraine on labour matters; and
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Chapter 8: Canada–Ukraine Free Trade Agreement Implementation Act Purpose Sections 7-11
(g) promote sustainable development.
Causes of Action Causes of action under sections 9 to 15 8 (1) No person has any cause of action and no proceedings of any kind are to be taken, without the consent of the Attorney General of Canada, to enforce or determine any right or obligation that is claimed or arises solely under or by virtue of sections 9 to 15 or an order made under those sections. Causes of action under Agreement (2) Subject to Annex 13-C of the Agreement, no person
has any cause of action and no proceedings of any kind are to be taken, without the consent of the Attorney General of Canada, to enforce or determine any right or obligation that is claimed or arises solely under or by virtue of the Agreement.
PART 1
Implementation of the Agreement Approval Agreement approved 9 The Agreement is approved.
Administrative and Institutional Provisions Canadian representative on Commission 10 The Minister is the principal representative of Canada on the Commission.
Payment of expenditures 11 The Government of Canada is to pay its appropriate share of the aggregate of any expenditures incurred by or on behalf of the Commission.
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Chapter 8: Canada–Ukraine Free Trade Agreement Implementation Act PART 1 Implementation of the Agreement Panels, Committees, Subcommittees, Working Groups, Expert Groups and Other Bodies Sections 12-13
Panels, Committees, Subcommittees, Working Groups, Expert Groups and Other Bodies Powers of Minister 12 (1) The Minister may (a) appoint representatives of Canada to any committee, subcommittee or working group referred to in paragraph 6 of Article 16.1 of the Agreement; (b) appoint a panellist in accordance with paragraph 2
of Article 17.8 of the Agreement; and (c) propose candidates to serve as the chair of a panel,
or select the chair, in accordance with that Article 17.8.
Powers of Minister of the Environment (2) The Minister of the Environment may (a) appoint representatives of Canada to the Committee on the Environment referred to in Article 12.16 of the Agreement; (b) select a panellist in accordance with paragraph 2 of Annex 12-A of the Agreement; and (c) propose candidates to serve as the chair of a Review Panel, or select the chair, in accordance with that paragraph 2.
Powers of Minister of Labour (3) The Minister of Labour may (a) appoint representatives of Canada to any committee, working group or expert group referred to in subparagraph 4(a) of Article 13.9 of the Agreement; (b) select a panellist in accordance with paragraph 4
of Annex 13-B of the Agreement; and (c) propose candidates to serve as the chairperson of a Review Panel, or select the chairperson, in accordance with paragraph 5 of that Annex.
Administrative support 13 The Minister is to designate an agency, division or
branch of the Government of Canada to facilitate the operation of Chapter 17 of the Agreement and to provide
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administrative assistance to panels established under that Chapter. Payment of costs 14 The Government of Canada is to pay the costs of or
its appropriate share of the costs of (a) the remuneration and expenses payable to members of panels, committees, subcommittees, working groups, expert groups and other bodies, to independent experts and to the assistants of panel members; and (b) the general expenses incurred by panels, committees, subcommittees, working groups, expert groups and other bodies.
Orders Orders — Article 17.13 of Agreement 15 (1) The Governor in Council may, for the purpose of
suspending benefits in accordance with Article 17.13 of the Agreement, by order, do any of the following: (a) suspend rights or privileges granted by Canada to
Ukraine or to goods of Ukraine under the Agreement or any federal law; (b) modify or suspend the application of any federal
law, with respect to Ukraine or to goods of Ukraine; (c) extend the application of any federal law to Ukraine or to goods of Ukraine; (d) take any other measure that the Governor in
Council considers necessary. Period of order (2) Unless repealed, an order made under subsection (1) has effect for the period specified in the order.
PART 2
Related Amendments R.S., c. C-50; 1990, c. 8, s. 21
Crown Liability and Proceedings Act 16 Part 2 of the schedule to the Crown Liability
and Proceedings Act is amended by adding the following in alphabetical order:
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Chapter 13 of the Free Trade Agreement between Canada and Ukraine, done at Kyiv on July 11, 2016, as amended from time to time in accordance with Article 19.3 of that Agreement. R.S., c. F-11
Financial Administration Act 17 Schedule VII to the Financial Administration
Act is amended by adding the following in alphabetical order: Free Trade Agreement between Canada and Ukraine, done at Kyiv on July 11, 2016. R.S., c. I-3
Importation of Intoxicating Liquors Act 18 Section 2 of the Importation of Intoxicating Liquors Act is amended by adding the following in alphabetical order:
Ukraine has the same meaning as in subsection 2(1) of the Customs Tariff; (Ukraine) 19 The schedule to the Act is amended by adding, in alphabetical order, a reference to “Ukraine” in column 1 and a corresponding reference to “Ukraine Tariff in the List of Tariff Provisions set out in the schedule to the Customs Tariff” in column 2. R.S., c. 1 (2nd Supp.)
Customs Act 20 Subsection 2(1) of the Customs Act is amended by adding the following in alphabetical order: CUFTA has the same meaning as Agreement in section 2 of the Canada–Ukraine Free Trade Agreement Implementation Act; (ALÉCU) Ukraine has the same meaning as in subsection 2(1) of the Customs Tariff; (Ukraine) 2009, c. 6, s. 24(1)
21 (1) The portion of paragraph 42.1(1)(a) of the Act before subparagraph (i) is replaced by the following:
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(a) conduct a verification of origin of goods for which
preferential tariff treatment under a free trade agreement, other than a free trade agreement referred to in subsection (1.1), is claimed
2009, c. 6, ss. 24(2) and (3)
(2) Subsections 42.1(1.1) and (2) of the Act are replaced by the following: Method of verification — certain agreements (1.1) Any officer, or any officer within a class of officers, designated by the President for the purposes of this section, or any person, or any person within a class of persons, designated by the President to act on behalf of such an officer, may, subject to any prescribed conditions, conduct any of the following: (a) a verification of origin of goods for which preferential tariff treatment under CEFTA is claimed, by requesting in writing that the customs administration of the EFTA state of export conduct a verification and provide an opinion as to whether the goods are originating within the meaning of Annex C of CEFTA; (b) a verification of origin of goods for which preferential tariff treatment under CUFTA is claimed, by requesting in writing that the customs administration of Ukraine conduct a verification and provide a written report as to whether the goods are originating within the meaning of Chapter 3 of CUFTA.
Withdrawal of preferential tariff treatment (2) If an exporter or producer of goods that are subject to a verification of origin under paragraph (1)(a) fails to comply with the prescribed requirements or, in the case of a verification of origin under subparagraph (1)(a)(i), does not consent to the verification of origin in the prescribed manner and within the prescribed time, preferential tariff treatment under a free trade agreement, other than a free trade agreement referred to in subsection (1.1), may be denied or withdrawn from the goods. 2009, c. 6, s. 24(3)
(3) The portion of subsection 42.1(3) of the Act before paragraph (b) is replaced by the following:
Withdrawal of preferential tariff treatment — certain agreements (3) Preferential tariff treatment under a free trade agreement referred to in subsection (1.1) may be denied or
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withdrawn from the goods in any of the following circumstances: (a) in the case of CEFTA, if the EFTA state of export
fails to conduct a verification or provide an opinion as to whether the goods are originating; (a.1) in the case of CUFTA, if Ukraine fails to conduct a verification or provide a written report as to whether the goods are originating; 2009, c. 6, s. 28
22 (1) Subsection 97.201(1) of the Act is replaced
by the following: Verification of origin — certain agreements 97.201 (1) The customs administration of any state referred to in subsection 42.1(1.1) to which goods were exported may request in writing that the Agency conduct a verification and provide, as the case may be (a) an opinion as to whether those goods are originating within the meaning of Annex C of CEFTA; or (b) a written report as to whether the goods are originating within the meaning of Chapter 3 of CUFTA. 2009, c. 6, s. 28
(2) Subsection 97.201(3) of the Act is replaced by
the following: Statement of origin — certain agreements (3) On completion of a verification of origin requested
under subsection (1), an officer or other person designated under subsection (2) shall (a) provide, in the prescribed manner, the customs
administration of the state with the opinion or written report requested and any relevant supporting documents that may be requested by that customs administration; and (b) determine whether the goods are originating within the meaning of the applicable provision referred to in subsection (1). 23 Part 1 of the schedule to the Act is amended
by adding, in alphabetical order, a reference to “Ukraine” in column 1, a corresponding reference to “CUFTA” in column 2 and a corresponding reference to “Ukraine Tariff rates of customs duty under the Customs Tariff” in column 3. 24 Part 3 of the schedule to the Act is amended
by adding, in alphabetical order, a reference to
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“Ukraine” in column 1 and a corresponding reference to “Article 4.8 of CUFTA” in column 2. 25 Part 4 of the schedule to the Act is amended
by adding, in alphabetical order, a reference to “Ukraine” in column 1 and a corresponding reference to “CUFTA” in column 2. 26 Part 5 of the schedule to the Act is amended
by adding, in alphabetical order, a reference to “CUFTA” in column 1 and a corresponding reference to “Chapters 3 and 4” in column 2.
R.S., c. 47 (4th Supp.)
Canadian International Trade Tribunal Act 27 (1) Section 2 of the Canadian International Trade Tribunal Act is amended by adding the following after subsection (4.5):
Definition of Ukraine Tariff (4.6) In this Act, Ukraine Tariff means the rates of customs duty referred to in section 52.5 of the Customs Tariff. (2) Subsection 2(5) of the Act is amended by adding, in alphabetical order, a reference to “Ukraine” in the list of countries. 28 The Act is amended by adding the following after section 19.0191:
Definition of principal cause 19.0192 (1) In this section, principal cause means, in respect of a serious injury or threat of a serious injury, an important cause that is no less important than any other cause of the serious injury or threat.
Emergency measures — Ukraine (2) The Tribunal shall inquire into and report to the Governor in Council on the question whether goods that are entitled to the benefit of the Ukraine Tariff are, as a result of that entitlement, being imported in such increased quantities, in absolute terms or relative to the domestic production of like or directly competitive goods, and under such conditions as to constitute a principal cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods, if the
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Governor in Council, on the recommendation of the Minister, refers the question to it for inquiry and report. Terms of reference (3) The Tribunal shall conduct an inquiry under subsection (2) and prepare its report in accordance with the terms of reference established by the Governor in Council or the Minister, as the case may be. Tabling of report (4) The Minister shall cause a copy of each report submitted to the Governor in Council or the Minister to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the report is so submitted.
Notice of report (5) The Tribunal shall cause notice of the submission of a report to be published in the Canada Gazette. 2014, c. 28, s. 36
29 Section 21.1 of the Act is replaced by the following: Definition of complaint 21.1 In sections 23 to 30, complaint means a written complaint filed with the Tribunal under any of subsections 23(1) to (1.098) and, for the purposes of those sections, a complaint is properly documented if the Tribunal is satisfied that it contains or is accompanied by the information required by section 23. 30 Section 23 of the Act is amended by adding the
following after subsection (1.097):
Filing of complaint — Ukraine Tariff (1.098) Any domestic producer of goods that are like or
directly competitive with any goods being imported into Canada and that are entitled to the Ukraine Tariff, or any person or association acting on behalf of such a domestic producer, may file a written complaint with the Tribunal alleging that, as a result of that entitlement, the imported goods are being imported in such increased quantities, in absolute terms or relative to the domestic production of like or directly competitive goods, and under such conditions as to constitute a cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods. 31 Paragraph 26(1)(a) of the Act is amended by
striking out “or” at the end of subparagraph (i.97) and by adding the following after that subparagraph:
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(i.98) in the case of a complaint filed under subsection 23(1.098), the goods that are entitled to the Ukraine Tariff are, as a result of that entitlement, being imported in such increased quantities, in absolute terms or relative to the domestic production of like or directly competitive goods, and under such conditions as to constitute a cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods, or
32 Subsection 27(1) of the Act is amended by striking out “or” at the end of paragraph (a.97) and by adding the following after that paragraph: (a.98) in the case of a complaint filed under subsection 23(1.098), the goods that are entitled to the Ukraine Tariff are, as a result of that entitlement, being imported in such increased quantities, in absolute terms or relative to the domestic production of like or directly competitive goods, and under such conditions as to constitute a principal cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods; or
1997, c. 36
Customs Tariff 33 Subsection 2(1) of the Customs Tariff is
amended by adding the following in alphabetical order: Canada–Ukraine Free Trade Agreement has the same meaning as Agreement in section 2 of the Canada– Ukraine Free Trade Agreement Implementation Act. (Accord de libre-échange Canada–Ukraine) Ukraine means (a) the land territory, air space, internal waters and
territorial sea of Ukraine; (b) the exclusive economic zone of Ukraine, as determined by its domestic law, consistent with Part V of UNCLOS; and (c) the continental shelf of Ukraine, as determined by
its domestic law, consistent with Part VI of UNCLOS. (Ukraine) UNCLOS means the United Nations Convention on the Law of the Sea, done at Montego Bay on December 10, 1982. (CNUDM)
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2014, c. 28, s. 45
34 Subparagraph 14(2)(c)(xvi) of the Act is replaced by the following: (xvi) subsection 75(1), (xvii) subsection 5(3), (3.2) or (4.1) of the Export and Import Permits Act. 35 Section 27 of the Act is amended by adding the
following in alphabetical order: UAT refers to the Ukraine Tariff. (TUA) 36 The Act is amended by adding the following after section 52.4:
Ukraine Tariff Application of UAT 52.5 (1) Subject to section 24, goods that originate in Ukraine are entitled to the Ukraine Tariff rates of customs duty.
“A” final rate for UAT (2) If “A” is set out in the column entitled “Preferential Tariff” in the List of Tariff Provisions following the abbreviation “UAT” in relation to goods entitled to the Ukraine Tariff, the Ukraine Tariff rate of customs duty that applies to those goods is the final rate of “Free”.
“F” staging for UAT (3) If “F” is set out in the column entitled “Preferential
Tariff” in the List of Tariff Provisions following the abbreviation “UAT” in relation to goods entitled to the Ukraine Tariff, the Ukraine Tariff rate of customs duty that applies to those goods is the initial rate, reduced as provided in the “F” Staging List. 37 The Act is amended by adding the following after section 74:
Bilateral Emergency Measures — Ukraine Order by Governor in Council 75 (1) Subject to subsections (2) to (4), if at any time it appears to the satisfaction of the Governor in Council, as a result of an inquiry made by the Canadian International Trade Tribunal under subsection 19.0192(2) of the Canadian International Trade Tribunal Act or further to a complaint filed under subsection 23(1.098) of that Act, that goods that are entitled to the Ukraine Tariff are, as a
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result of that entitlement, being imported in such increased quantities, in absolute terms or relative to the domestic production of like or directly competitive goods, and under such conditions as to constitute a principal cause of serious injury, or a threat of serious injury, to domestic producers of like or directly competitive goods, the Governor in Council may, on the recommendation of the Minister, by order (a) suspend, during the period that the order is in effect, any reduction of the rate of customs duty with respect to those goods that would otherwise be made after that time by virtue of section 52.5; (b) in respect of goods on which a customs duty is imposed on a seasonal basis, make those goods subject to a temporary duty, in addition to any other duty specified in this Act or any other Act of Parliament relating to customs, at a rate set out in the order, but that rate, when added to the rate of customs duty specified in the Ukraine Tariff that is in effect in respect of those goods at that time, is not to exceed the lesser of (i) the Most-Favoured-Nation Tariff rate of customs duty that was in effect in respect of those goods for the corresponding season immediately before the order is made, and (ii) the Most-Favoured-Nation Tariff rate of customs duty that was in effect in respect of those goods for the corresponding season immediately before the coming into force of this subsection; and (c) in respect of goods other than goods referred to in
paragraph (b), make those goods subject to a temporary duty, in addition to any other duty specified in this Act or any other Act of Parliament relating to customs, at a rate set out in the order, but that rate, when added to the rate of customs duty specified in the Ukraine Tariff that is in effect in respect of those goods at that time, is not to exceed the lesser of (i) the Most-Favoured-Nation Tariff rate of customs duty that is in effect in respect of those goods at the time the order is made, and (ii) the Most-Favoured-Nation Tariff rate of customs duty that was in effect in respect of those goods immediately before the coming into force of this subsection.
Terms and conditions (2) An order referred to in subsection (1) (a) is not to be made more than once in respect of goods of any particular kind;
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(b) remains in effect only for the period, not exceeding
three years, that is specified in the order; and (c) may be in effect during the period beginning on the day on which this section comes into force and ending on the day before the seventh anniversary of the day on which this section comes into force.
Rate of duty when order ceases to have effect (3) When an order made under subsection (1) ceases to
have effect, the rate of customs duty applicable to the goods is the rate of customs duty that is applicable in accordance with section 52.5. Definition of principal cause (4) In this section, principal cause means, in respect of
a serious injury or threat of a serious injury, an important cause that is not less important than any other cause of the serious injury or threat. 38 Section 79 of the Act is amended by adding the
following after paragraph (o): (p) subsection 75(1). 39 The List of Countries and Applicable Tariff Treatments set out in the schedule to the Act is amended by adding, in the column “Tariff Treatment / Other”, a reference to “UAT” opposite the reference to “Ukraine”. 40 The List of Tariff Provisions set out in the
schedule to the Act is amended by (a) adding in the column “Preferential Tariff /
Initial Rate”, above the reference to “GPT”, a reference to “UAT:”; (b) adding in the column “Preferential Tariff /
Final Rate”, above the reference to “GPT”, a reference to “UAT:”; (c) adding in the column “Preferential Tariff / Initial Rate” a reference to “Free” after the abbreviation “UAT”, and adding in the column “Preferential Tariff / Final Rate” a reference to “Free (A)” after the abbreviation “UAT”, for all tariff items except those tariff items set out in Schedules 1 to 3 to this Act; (d) adding in the columns “Preferential Tariff /
Initial Rate” and “Preferential Tariff / Final Rate”, a reference to “N/A” after the abbreviation “UAT” for those tariff items set out in Schedule 1 to this Act; and
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(e) adding in the columns “Preferential Tariff /
Initial Rate” and “Preferential Tariff / Final Rate” after the abbreviation “UAT”, for each tariff item set out in Schedule 2 to this Act, the rates of duty and staging categories set out with respect to that tariff item in that Schedule.
41 The List of Intermediate and Final Rates for the Tariff Items of the “F” Staging Category set out in the schedule to the Act is amended by adding, in numerical order, the tariff items set out in Schedule 3 to this Act.
2005, c. 34; 2013, c. 40, s. 205
Department of Employment and Social Development Act 42 The schedule to the Department of Employment and Social Development Act is amended by adding the following in alphabetical order: Chapter 13 of the Free Trade Agreement between Canada and Ukraine, done at Kyiv on July 11, 2016, as amended from time to time in accordance with Article 19.3 of that Agreement.
PART 3
Coordinating Amendments and Coming into Force Coordinating Amendments Canada–European Union Comprehensive Economic and Trade Agreement Implementation Act 43 (1) Subsections (2) to (13) apply if a Bill entitled the Canada–European Union Comprehensive Economic and Trade Agreement Implementation Act (in this section referred to as the “other Act”) is introduced in the 1st session of the 42nd Parliament and receives royal assent.
(2) If subsection 83(1) of the other Act comes into force before subsection 21(1) of this Act, then that subsection 21(1) is repealed.
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(3) If subsection 21(1) of this Act comes into force
before subsection 83(1) of the other Act, then that subsection 83(1) is repealed. (4) If subsection 83(1) of the other Act comes into force on the same day as subsection 21(1) of this Act, then that subsection 21(1) is deemed never to have come into force and is repealed. (5) If subsection 83(2) of the other Act comes into force before subsection 21(2) of this Act, then that subsection 21(2) is replaced by the following: (2) Subsection 42.1(1.1) of the Act is amended by adding the following after paragraph (b): (c) a verification of origin of goods for which preferential tariff treatment under CUFTA is claimed, by requesting in writing that the customs administration of Ukraine conduct a verification and provide a written report as to whether the goods are originating within the meaning of Chapter 3 of CUFTA. (6) If subsection 21(2) of this Act comes into force
before subsection 83(2) of the other Act, then that subsection 83(2) is replaced by the following: (2) Subsection 42.1(1.1) of the Act is amended by
adding the following after paragraph (b): (c) a verification of origin of goods for which preferential tariff treatment under CETA is claimed, by requesting in writing that the customs administration of the EU country or other CETA beneficiary of export conduct a verification and provide a written report as to whether the goods are originating within the meaning of the Protocol on Rules of Origin and Origin Procedures of CETA. (7) If subsection 83(2) of the other Act comes into force on the same day as subsection 21(2) of this Act, then that subsection 83(2) is deemed to have come into force before that subsection 21(2) and subsection (5) applies as a consequence. (8) If subsection 83(3) of the other Act comes into
force before subsection 21(3) of this Act, then that subsection 21(3) is replaced by the following:
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(3) Subsection 42.1(3) of the Act is amended by adding the following after paragraph (a.1): (a.2) in the case of CUFTA, if Ukraine fails to conduct
a verification or provide a written report as to whether the goods are originating; (9) If subsection 21(3) of this Act comes into force
before subsection 83(3) of the other Act, then that subsection 83(3) is replaced by the following: (3) Subsection 42.1(3) of the Act is amended by adding the following after paragraph (a.1): (a.2) in the case of CETA, if the EU country or other
CETA beneficiary of export fails to conduct a verification or provide a written report as to whether the goods are originating; (10) If subsection 83(3) of the other Act comes into force on the same day as subsection 21(3) of this Act, then that subsection 83(3) is deemed to have come into force before that subsection 21(3) and subsection (8) applies as a consequence. (11) On the first day on which both subsection 84(1) of the other Act and subsection 22(1) of this Act are in force, subsection 97.201(1) of the Customs Act is replaced by the following:
Verification of origin — certain agreements 97.201 (1) The customs administration of any state or
beneficiary referred to in subsection 42.1(1.1) to which goods were exported may request in writing that the Agency conduct a verification and provide, as the case may be (a) an opinion as to whether those goods are originating within the meaning of Annex C of CEFTA; (b) a written report as to whether the goods are originating within the meaning of Chapter 3 of CUFTA; or (c) a written report as to whether the goods are originating within the meaning of the Protocol on Rules of Origin and Origin Procedures of CETA. (12) If subsection 84(2) of the other Act comes into force before subsection 22(2) of this Act, then that subsection 22(2) is repealed.
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(13) If subsection 84(2) of the other Act comes into force on the same day as subsection 22(2) of this Act, then that subsection 22(2) is deemed to have come into force before that subsection 84(2).
Coming into Force Order in council 44 This Act, other than section 43, comes into force on a day to be fixed by order of the Governor in Council.
2015-2016-2017
Chapter 8: Canada–Ukraine Free Trade Agreement Implementation Act SCHEDULE 1
SCHEDULE 1 (Paragraphs 40(c) and (d)) 0105.11.22 0105.94.92 0105.99.12 0207.11.92 0207.12.92 0207.13.92 0207.13.93 0207.14.22 0207.14.92 0207.14.93 0207.24.12 0207.24.92 0207.25.12 0207.25.92 0207.26.20 0207.26.30 0207.27.12 0207.27.92 0207.27.93 0209.90.20 0209.90.40 0210.99.12 0210.99.13 0210.99.15 0210.99.16 0401.10.20 0401.20.20 0401.40.20 0401.50.20 0402.10.20 0402.21.12 0402.21.22 0402.29.12 0402.29.22 0402.91.20 0402.99.20 0403.10.20 0403.90.12 0403.90.92 0404.10.22 0404.90.20 0405.10.20 0405.20.20
2015-2016-2017
0405.90.20 0406.10.20 0406.20.12 0406.20.92 0406.30.20 0406.40.20 0406.90.12 0406.90.22 0406.90.32 0406.90.42 0406.90.52 0406.90.62 0406.90.72 0406.90.82 0406.90.92 0406.90.94 0406.90.96 0406.90.99 0407.11.12 0407.11.92 0407.21.20 0407.90.12 0408.11.20 0408.19.20 0408.91.20 0408.99.20 1517.90.22 1601.00.22 1601.00.32 1602.20.22 1602.20.32 1602.31.13 1602.31.14 1602.31.94 1602.31.95 1602.32.13 1602.32.14 1602.32.94 1602.32.95 1701.91.10 1701.91.90 1701.99.10 1701.99.90
1702.90.11 1702.90.12 1702.90.13 1702.90.14 1702.90.15 1702.90.16 1702.90.17 1702.90.18 1702.90.21 1702.90.29 1702.90.61 1702.90.70 1702.90.81 1806.20.22 1806.90.12 1901.20.12 1901.20.22 1901.90.32 1901.90.34 1901.90.52 1901.90.54 2105.00.92 2106.90.32 2106.90.34 2106.90.52 2106.90.94 2202.99.33 2309.90.32 3502.11.20 3502.19.20 3504.00.12 9801.20.00 9826.10.00 9826.20.00 9826.30.00 9826.40.00 9897.00.00 9898.00.00 9899.00.00 9904.00.00 9938.00.00 9971.00.00 9987.00.00
9990.00.00 9992.00.00
Chapter 8: Canada–Ukraine Free Trade Agreement Implementation Act SCHEDULE 2
SCHEDULE 2 (Paragraphs 40(c) and (e)) Tariff Item
Initial Rate
Final Rate
8703.21.10
6.1%
Free (F)
8703.21.90
6.1%
Free (F)
8703.22.00
6.1%
Free (F)
8703.23.00
6.1%
Free (F)
8703.24.00
6.1%
Free (F)
8703.31.00
6.1%
Free (F)
8703.32.00
6.1%
Free (F)
8703.33.00
6.1%
Free (F)
8703.40.10
6.1%
Free (F)
8703.40.90
6.1%
Free (F)
8703.50.00
6.1%
Free (F)
8703.60.10
6.1%
Free (F)
8703.60.90
6.1%
Free (F)
8703.70.00
6.1%
Free (F)
8703.80.00
6.1%
Free (F)
8703.90.00
6.1%
Free (F)
2015-2016-2017
Chapter 8: Canada–Ukraine Free Trade Agreement Implementation Act SCHEDULE 3
SCHEDULE 3 (Paragraph 40(c) and section 41) Tariff Item
Most-Favoured-Nation Tariff
8703.21.10
8703.21.90
8703.22.00
2015-2016-2017
Chapter 8: Canada–Ukraine Free Trade Agreement Implementation Act SCHEDULE 3
Tariff Item
Most-Favoured-Nation Tariff
8703.23.00
8703.24.00
8703.31.00
2015-2016-2017
Chapter 8: Canada–Ukraine Free Trade Agreement Implementation Act SCHEDULE 3
Tariff Item
Most-Favoured-Nation Tariff
8703.32.00
8703.33.00
2015-2016-2017
Chapter 8: Canada–Ukraine Free Trade Agreement Implementation Act SCHEDULE 3
Tariff Item
Most-Favoured-Nation Tariff
8703.40.10
8703.40.90
8703.50.00
2015-2016-2017
Chapter 8: Canada–Ukraine Free Trade Agreement Implementation Act SCHEDULE 3
Tariff Item
Most-Favoured-Nation Tariff
8703.60.10
8703.60.90
8703.70.00
2015-2016-2017
Chapter 8: Canada–Ukraine Free Trade Agreement Implementation Act SCHEDULE 3
Tariff Item
Most-Favoured-Nation Tariff
8703.80.00
8703.90.00
2015-2016-2017
Chapter 8: Canada–Ukraine Free Trade Agreement Implementation Act SCHEDULE 3
Tariff Item
2015-2016-2017
Most-Favoured-Nation Tariff
Chapter 8: Canada–Ukraine Free Trade Agreement Implementation Act SCHEDULE 3 (French)
ANNEXE 3 (alinéa 40c) et article 41) Numéro tarifaire
Tarif de la nation la plus favorisée
8703.21.10
8703.21.90
8703.22.00
8703.23.00
2015-2016-2017
Chapter 8: Canada–Ukraine Free Trade Agreement Implementation Act SCHEDULE 3 (French)
Numéro tarifaire
Tarif de la nation la plus favorisée
8703.24.00
8703.31.00
8703.32.00
8703.33.00
2015-2016-2017
Chapter 8: Canada–Ukraine Free Trade Agreement Implementation Act SCHEDULE 3 (French)
Numéro tarifaire
Tarif de la nation la plus favorisée
8703.40.10
8703.40.90
8703.50.00
8703.60.10
2015-2016-2017
Chapter 8: Canada–Ukraine Free Trade Agreement Implementation Act SCHEDULE 3 (French)
Numéro tarifaire
Tarif de la nation la plus favorisée
8703.60.90
8703.70.00
8703.80.00
2015-2016-2017
Chapter 8: Canada–Ukraine Free Trade Agreement Implementation Act SCHEDULE 3 (French)
Numéro tarifaire
Tarif de la nation la plus favorisée
8703.90.00
Published under authority of the Speaker of the House of Commons 2015-2016-2017
Disponible sur le site Web du Parlem
http://www
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Third Session, Fortieth Parliament, 59 Elizabeth II, 2010
STATUTES OF CANADA 2010
CHAPTER 3 An Act to amend the Criminal Code (minimum sentence for offences involving trafficking of persons under the age of eighteen years)
ASSENTED TO 29th JUNE, 2010 BILL C-268
SUMMARY This enactment amends the Criminal Code to include a minimum punishment of imprisonment for a term of five years for offences involving trafficking of persons under the age of eighteen years.
Also available on the Parliament of Canada Web Site at the following address: http://www.parl.gc.ca
59 ELIZABETH II —————— CHAPTER 3 An Act to amend the Criminal Code (minimum sentence for offences involving trafficking of persons under the age of eighteen years) [Assented to 29th June, 2010] R.S., c. C-46
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1. Paragraph (a) of the definition “offence” in section 183 of the Criminal Code is amended by adding the following after subparagraph (xlvii.1): (xlvii.11) section 279.011 (trafficking of a person under the age of eighteen years), 2. The Act is amended by adding the following after section 279.01:
Trafficking of a person under the age of eighteen years
279.011 (1) Every person who recruits, transports, transfers, receives, holds, conceals or harbours a person under the age of eighteen years, or exercises control, direction or influence over the movements of a person under the age of eighteen years, for the purpose of exploiting them or facilitating their exploitation is guilty of an indictable offence and liable (a) to imprisonment for life and to a minimum punishment of imprisonment for a term of six years if they kidnap, commit an aggravated assault or aggravated sexual assault against, or cause death to, the victim during the commission of the offence; or (b) to imprisonment for a term of not more than fourteen years and to a minimum punishment of imprisonment for a term of five years, in any other case.
Criminal Code (minimum sentence for offenc age of eigh
C. 3
Consent
(2) No consent to the activity that forms the subject-matter of a charge under subsection (1) is valid. 3. Sections 279.02 and 279.03 of the Act are replaced by the following:
Material benefit
279.02 Every person who receives a financial or other material benefit, knowing that it results from the commission of an offence under subsection 279.01(1) or 279.011(1), is guilty of an indictable offence and liable to imprisonment for a term of not more than ten years.
Withholding or destroying documents
279.03 Every person who, for the purpose of committing or facilitating an offence under subsection 279.01(1) or 279.011(1), conceals, removes, withholds or destroys any travel document that belongs to another person or any document that establishes or purports to establish another person’s identity or immigration status is guilty of an indictable offence and liable to imprisonment for a term of not more than five years, whether or not the document is of Canadian origin or is authentic. 4. Subsection 486(3) of the Act is replaced by the following:
Reasons to be stated
(3) If an accused is charged with an offence under section 151, 152, 153, 153.1, 155 or 159, subsection 160(2) or (3) or section 163.1, 171, 172, 172.1, 173, 212, 271, 272, 273, 279.01, 279.011, 279.02 or 279.03 and the prosecutor or the accused applies for an order under subsection (1), the judge or justice shall, if no such order is made, state, by reference to the circumstances of the case, the reason for not making an order. 5. Subparagraph 486.4(1)(a)(i) of the Act is replaced by the following: (i) an offence under section 151, 152, 153, 153.1, 155, 159, 160, 162, 163.1, 170, 171, 172, 172.1, 173, 210, 211, 212, 213, 271, 272, 273, 279.01, 279.011, 279.02, 279.03, 346 or 347, 6. Paragraph (a.1) of the definition “primary designated offence” in section 487.04 of the Act is amended by adding the following after subparagraph (vii.1):
Code criminel (peine minimale pour les infra de dix-h (vii.11) section 279.011 (trafficking of a person under the age of eighteen years), 7. Paragraph (b) of the definition “designated offence” in subsection 490.011(1) of the Act is amended by adding the following after subparagraph (vii.1): (vii.11) section 279.011 (trafficking of a person under the age of eighteen years), 8. Paragraph (b) of the definition “designated offence” in subsection 752 of the Act is amended by adding the following after subparagraph (xx): (xx.1) section 279.011 (trafficking of a person under the age of eighteen years),
Published under authority of the Speaker of the House of Commons Available from: Publishing and Depository Services Public Works and Government Services Canada Ottawa, Ontario K1A 0S5 Telephone: 613-941-5995 or 1-800-635-7943 Fax: 613-954-5779 or 1-800-565-7757 publications@tpsgc-pwgsc.gc.ca http://publications.gc.ca
Also available on the Parliament of Can Aussi disponible sur le site Web du Par http://www Available from: Publishing and Depository Services Public Works and Government Services Canada Ottawa, Ontario K1A 0S5 Telephone: 613-941-5995 or 1-800-635-7943 Fax: 613-954-5779 or 1-800-565-7757 publications@pwgsc.gc.ca http://publications.gc.ca
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Third Session, Fortieth Parliament, 59 Elizabeth II, 2010
STATUTES OF CANADA 2010
CHAPTER 13 An Act to establish National Seniors Day
ASSENTED TO 18th NOVEMBER, 2010 BILL C-40
SUMMARY This enactment designates October 1 in each year as National Seniors Day.
Also available on the Parliament of Canada Web Site at the following address: http://www.parl.gc.ca
59 ELIZABETH II —————— CHAPTER 13 An Act to establish National Seniors Day [Assented to 18th November, 2010]
Preamble
Whereas Parliament wishes to acknowledge the contribution of seniors to Canadian society and to the Canadian economy; Whereas seniors contribute in many ways, including by sharing their experiences, expertise and knowledge with other generations; Whereas the contribution of seniors is invaluable and ongoing; And whereas October 1 is recognized as the International Day of Older Persons;
Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: SHORT TITLE Short title
1. This Act may be cited as the Celebrating Canada’s Seniors Act. NATIONAL SENIORS DAY
Designation
2. Throughout Canada, in each year, October 1 is to be known as National Seniors Day.
Not holiday or non-juridical day
3. For greater certainty, National Seniors Day is not a holiday or a non-juridical day.
Published under authority of the Speaker of the House of Commons Available from: Publishing and Depository Services Public Works and Government Services Canada Ottawa, Ontario K1A 0S5 Telephone: 613-941-5995 or 1-800-635-7943 Fax: 613-954-5779 or 1-800-565-7757 publications@tpsgc-pwgsc.gc.ca http://publications.gc.ca
Also available on the Parliament of Can Aussi disponible sur le site Web du Par http://www Available from: Publishing and Depository Services Public Works and Government Services Canada Ottawa, Ontario K1A 0S5 Telephone: 613-941-5995 or 1-800-635-7943 Fax: 613-954-5779 or 1-800-565-7757 publications@pwgsc.gc.ca http://publications.gc.ca
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Third Session, Fortieth Parliament, 59 Elizabeth II, 2010
STATUTES OF CANADA 2010
CHAPTER 12 An Act to implement certain provisions of the budget tabled in Parliament on March 4, 2010 and other measures
ASSENTED TO 12th JULY, 2010 BILL C-9
RECOMMENDATION Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act to implement certain provisions of the budget tabled in Parliament on March 4, 2010 and other measures”.
SUMMARY Part 1 of this enactment implements income tax measures proposed in the March 4, 2010 Budget. In particular, it (a) introduces amendments to allow a recipient of Universal Child Care Benefit amounts to designate that the amounts be included in the income of the dependant in respect of whom the recipient has claimed an Eligible Dependant Credit, or if the credit is not claimed by the recipient, a child of the recipient who is a qualified dependant under the Universal Child Care Benefit Act; (b) clarifies rules relating to the Medical Expense Tax Credit to exclude expenses for purely cosmetic procedures; (c) clarifies rules relating to payments made to a Registered Education Savings Plan or a Registered Disability Savings Plan through a program funded, directly or indirectly, by a province or administered by a province; (d) implements amendments to the family income thresholds used to determine eligibility for Canada Education Savings Grants, Canada Disability Savings Grants and Canada Disability Savings Bonds; (e) reinstates the 50% inclusion rate for Canadian residents who have been in receipt of U.S. social security benefits since before January 1, 1996; (f) extends the mineral exploration tax credit for one year; (g) reduces the rate of interest payable by the Minister of National Revenue on tax overpayments made by corporations; (h) modifies the definition “taxable Canadian property” to exclude certain shares and other interests that do not derive their value principally from real or immovable property situated in Canada, Canadian resource property, or timber resource property; (i) introduces amendments to allow the issuance of a refund of an overpayment of tax under Part I of the Income Tax Act to certain nonresidents in circumstances where an assessment of such amounts has been made outside the usual period during which a refund may be made; (j) repeals the exclusion for indictable tax offences from the proceeds of crime and money laundering regime; and (k) increases the pension surplus threshold for employer contributions to registered pension plans to 25%.
Also available on the Parliament of Canada Web Site at the following address: http://www.parl.gc.ca
Part 2 amends the Excise Act, 2001 and the Customs Act to implement an enhanced stamping regime for tobacco products by introducing new controls over the production, distribution and possession of a new excise stamp for tobacco products. Part 2 also amends the Excise Tax Act and certain related regulations in respect of the Goods and Services Tax/Harmonized Sales Tax (GST/HST) to: (a) simplify the operation of the GST/HST for the direct selling industry using a commission-based model; (b) clarify the application of the GST/HST to purely cosmetic procedures and to devices or other goods used or provided with cosmetic procedures, and to services related to cosmetic procedures; (c) reaffirm the policy intent and provide certainty respecting the scope of the definition of “financial service” in respect of certain administrative, management and promotional services; (d) address advantages that currently exist in favour of imported financial services over comparable domestic services; (e) streamline the application of the input tax credit rules to financial institutions; (f) provide a new, uniform GST/HST rebate system that will apply fairly and equitably to employer-sponsored pension plans; (g) introduce a new annual information return for financial institutions to improve GST/HST reporting in the financial services sector; and (h) extend the due date for filing annual GST/HST returns from three months to six months after year-end for certain financial institutions.
In addition, Part 2 amends regulations made under the Excise Tax Act and the Excise Act, 2001 to reduce the interest rate payable by the Minister of National Revenue in respect of overpaid taxes and duties by corporations. Part 3 amends the Air Travellers Security Charge Act to increase the air travellers security charge that is applicable to air travel that includes a chargeable emplanement on or after April 1, 2010 and for which any payment is made on or after that date. It also reduces the interest payable by the Minister of National Revenue to corporations under that Act.
Part 4 amends the Softwood Lumber Products Export Charge Act, 2006 to provide for a higher rate of charge on the export of certain softwood lumber products from the regions of Ontario, Quebec, Manitoba or Saskatchewan. It also amends that Act to reduce the rate of interest payable by the Minister of National Revenue on tax overpayments made by corporations. Part 5 amends the Customs Tariff to implement measures announced in the March 4, 2010 Budget to reduce Most-Favoured-Nation rates of duty and, if applicable, rates of duty under other tariff treatments on a number of tariff items relating to manufacturing inputs and machinery and equipment imported on or after March 5, 2010.
Part 6 amends the Federal-Provincial Fiscal Arrangements Act to provide additional payments to certain provinces and to correct a cross-reference in that Act. Part 7 amends the Expenditure Restraint Act to impose a freeze on the allowances and salaries to be paid to members of the Senate and the House of Commons for the 2010–2011, 2011–2012 and 2012–2013 fiscal years. Part 8 amends a number of Acts to reduce or eliminate Governor in Council appointments, including the North American Free Trade Agreement Implementation Act. This Part also amends that Act to establish the Canadian Section of the NAFTA Secretariat within the Department of Foreign Affairs and International Trade. In addition, this Part repeals The Intercolonial and Prince Edward Island Railways Employees’ Provident Fund Act. Finally, this Part makes consequential and related amendments to other Acts.
Part 9 amends the Pension Benefits Standards Act, 1985. In particular, the Act is amended to (a) require an employer to fully fund benefits if the whole of a pension plan is terminated; (b) authorize an employer to use a letter of credit, if certain conditions are met, to satisfy solvency funding obligations in respect of a pension plan that has not been terminated in whole; (c) permit a pension plan to provide for variable benefits, similar to those paid out of a Life Income Fund, in respect of a defined contribution provision of the pension plan; (d) establish a distressed pension plan workout scheme, under which the employer and representatives of members and retirees may negotiate changes to the plan’s funding requirements, subject to the approval of the Minister of Finance; (e) permit the Superintendent of Financial Institutions to replace an actuary if the Superintendent is of the opinion that it is in the best interests of members or retirees; (f) provide that only the Superintendent may declare a pension plan to be partially terminated; (g) provide for the immediate vesting of members’ benefits; (h) require the administrator to make additional information available to members and retirees following the termination of a pension plan; and (i) repeal spent provisions.
Part 10 provides for the retroactive coming into force in Canada of the Agreement on Social Security between Canada and the Republic of Poland. Part 11 amends the Export Development Act to grant Export Development Canada the authority to establish offices outside Canada. It also clarifies that Corporation’s authority with respect to asset management and the forgiveness of certain debts and obligations. Part 12 enacts the Payment Card Networks Act, the purpose of which is to regulate national payment card networks and the commercial practices of payment card network operators. Among other things, that Act confers a number of regulation-making powers. This Part also makes related amendments to the Financial Consumer Agency of Canada Act to expand the mandate of the Agency so that it may supervise payment card network operators to determine whether they are in compliance with the provisions of the Payment Card Networks Act and its regulations and monitor the implementation of voluntary codes of conduct.
Part 13 amends the Financial Consumer Agency of Canada Act to provide the Financial Consumer Agency of Canada with a broader oversight role to allow it to verify compliance with ministerial undertakings and directions. The amendments also increase the Agency’s ability to undertake research, including research on trends and emerging consumer protection issues. Finally, the Part makes consequential amendments to other Acts. Part 14 amends the Proceeds of Crime (Money Laundering) and Terrorist Financing Act to confer on the Minister of Finance the power to issue directives imposing measures with respect to certain financial transactions. The amendments also confer on the Governor in Council the power to make regulations that limit or prohibit certain financial transactions. This Part also makes a consequential amendment to another Act. Part 15 amends the Canada Post Corporation Act to modify the exclusive privilege of the Canada Post Corporation so as to permit letter exporters to collect letters in Canada for transmittal and delivery outside Canada. Part 16 amends the Canada Deposit Insurance Corporation Act to allow the Governor in Council to specify when a bridge institution will assume a federal member institution’s deposit liabilities and allow the Canada Deposit Insurance Corporation to make by-laws with respect to information and capabilities it can require of its member institutions. This Part also amends that Act to establish the rules that apply to the assignment, by the Canada Deposit Insurance Corporation to a bridge institution, of eligible financial contracts to which a federal member institution is a party. Part 17 amends the Bank Act and other related statutes to provide a framework enabling credit unions to incorporate and continue as banks. The model is based on the framework applicable to other federally regulated financial institutions, adjusted to give effect to cooperative principles and governance. Part 18 authorizes the taking of a number of measures with respect to the reorganization and divestiture of all or any part of Atomic Energy of Canada Limited’s business. Part 19 amends the National Energy Board Act in order to give the National Energy Board the power to create a participant funding program to facilitate the participation of the public in hearings that are held under section 24 of that Act. It also amends the Nuclear Safety and Control Act to give the Canadian Nuclear Safety Commission the power to create a participant funding program to facilitate the participation of the public in proceedings under that Act and the power to prescribe fees for that program. Part 20 amends the Canadian Environmental Assessment Act to streamline certain process requirements for comprehensive studies, to give the Canadian Environmental Assessment Agency authority to conduct most comprehensive studies and to give the Minister of the Environment the power to establish the scope of any project in relation to which an environmental assessment is to be conducted. It also amends that Act to provide, in legislation rather than by regulations, that an environmental assessment is not required for certain federally funded infrastructure projects and repeals sunset clauses in the Regulations Amending the Exclusion List Regulations, 2007.
Part 21 amends the Canada Labour Code with respect to the appointment of appeals officers and the appeal hearing procedures. Part 22 authorizes payments to be made out of the Consolidated Revenue Fund for various purposes. Part 23 amends the Telecommunications Act to make a carrier that is not a Canadian-owned and controlled corporation eligible to operate as a telecommunications common carrier if it owns or operates certain transmission facilities.
Part 24 amends the Employment Insurance Act to establish an account in the accounts of Canada to be known as the Employment Insurance Operating Account and to close the Employment Insurance Account and remove it from the accounts of Canada. It also repeals sections 76 and 80 of that Act and makes consequential amendments in relation to the creation of the new Account. This Part also makes technical amendments to clarify provisions of the Budget Implementation Act, 2008 and the Canada Employment Insurance Financing Board Act that deal with the Canada Employment Insurance Financing Board.
TABLE OF PROVISIONS
AN ACT TO IMPLEMENT CERTAIN PROVISIONS OF THE BUDGET TABLED IN PARLIAMENT ON MARCH 4, 2010 AND OTHER MEASURES
SHORT TITLE Jobs and Economic Growth Act
1. PART 1 AMENDMENTS TO THE INCOME TAX ACT AND RELATED ACTS AND REGULATIONS 2-22.
Income Tax Act
23-25.
Income Tax Regulations
26-28.
Canada Disability Savings Act
29. Canada Disability Savings Regulations
30-31.
Canada Education Savings Act
32-33.
Canada Education Savings Regulations
34. Canada Pension Plan Regulations
35. Insurable Earnings and Collection of Premiums Regulations
36. Regulations Excluding Certain Indictable Offences from the Definition of “Designated Offence” PART 2
AMENDMENTS IN RESPECT OF EXCISE DUTIES AND SALES AND EXCISE TAXES EXCISE ACT 37.
Amendment AMENDMENTS IN RESPECT OF THE EXCISE ACT, 2001 Excise Act, 2001
38-47.
Amendments Customs Act
48-53.
Amendments Application
54. Meaning of “implementation date”
i EXCISE TAX ACT 55-89.
Amendments
HEALTH CARE SERVICES (GST/HST) REGULATIONS 90.
Amendment INPUT TAX CREDIT ALLOCATION METHODS (GST/HST) REGULATIONS Making of Regulations
91. Making
INPUT TAX CREDIT ALLOCATION METHODS (GST/HST) REGULATIONS 1.
Interpretation
2. Prescribed classes
3. Prescribed amounts
4. Prescribed percentages Coming into Force
92. April 1, 2007 INTEREST RATES (EXCISE ACT, 2001) REGULATIONS
93. Amendment INTEREST RATES (EXCISE TAX ACT) REGULATIONS
94. Amendment COORDINATING AMENDMENT
95. 2009, c. 32 PART 3
AMENDMENTS IN RESPECT OF THE AIR TRAVELLERS SECURITY CHARGE AIR TRAVELLERS SECURITY CHARGE ACT 96.
Amendments
INTEREST RATES (AIR TRAVELLERS SECURITY CHARGE ACT) REGULATIONS 97.
Amendment
ii PART 4 SOFTWOOD LUMBER PRODUCTS EXPORT CHARGE ACT, 2006 AMENDMENTS TO THE ACT 98-102.
Amendments COMING INTO FORCE
103. Order in council PART 5 CUSTOMS TARIFF AMENDMENTS TO THE ACT
104-1644.
Amendments COMING INTO FORCE
1645. Deemed coming into force — March 5, 2010 PART 6
FEDERAL-PROVINCIAL FISCAL ARRANGEMENTS ACT 1646-1648.
Amendments PART 7 EXPENDITURE RESTRAINT ACT
1649. Amendment PART 8 AMENDMENTS RELATING TO CERTAIN GOVERNMENTAL BODIES DIVISION 1
AMENDMENTS RELATING TO CERTAIN GOVERNOR IN COUNCIL APPOINTMENTS Alberta-British Columbia Boundary Act, 1974 Amendments to the Act 1650-1652.
Amendments Coming into Force
1653. Order in council
iv Asia-Pacific Foundation of Canada Act Amendment to the Act 1654.
Amendment Coming into Force
1655. Order in council Assisted Human Reproduction Act Amendment to the Act
1656. Amendment Coming into Force
1657. Order in council Budget Implementation Act, 1997
Amendment to the Act (Canada Foundation for Innovation) 1658.
Amendment
1659. Order in council
Coming into Force
Business Development Bank of Canada Act Amendment to the Act 1660.
Amendment Coming into Force
1661. Order in council Canada Grain Act Amendments to the Act
1662-1663.
Amendments Coming into Force
1664. Order in council Canada Mortgage and Housing Corporation Act Amendments to the Act
1665-1666.
Amendments Coming into Force
1667. Order in council
v Canada Pension Plan Amendments to the Act 1668-1669.
Amendments Coming into Force
1670. Order in council Canada School of Public Service Act Amendments to the Act
1671-1673.
Amendments
Related Amendment to the Access to Information Act 1674.
Amendment
Related Amendments to the Financial Administration Act 1675.
Amendments Related Amendment to the Official Languages Act
1676. Amendment Related Amendment to the Privacy Act
1677. Amendment
Related Amendments to the Public Servants Disclosure Protection Act 1678-1682.
Amendments Coming into Force
1683. Order in council
Canadian Centre for Occupational Health and Safety Act Amendments to the Act 1684-1685.
Amendments Coming into Force
1686. Order in council Canadian Centre on Substance Abuse Act Amendments to the Act
1687-1691.
Amendments
v Coming into Force 1692.
Order in council Canadian Institutes of Health Research Act Amendment to the Act
1693. Amendment Coming into Force
1694. Order in council Canadian International Trade Tribunal Act Amendment to the Act
1695. Amendment
1696. Order in council
Coming into Force
Canadian Race Relations Foundation Act Amendments to the Act 1697-1698.
Amendments Coming into Force
1699. Order in council
Canadian Radio-television and Telecommunications Commission Act Amendments to the Act 1700-1709.
Amendments
Consequential Amendment to the Broadcasting Act 1710.
Amendment Coming into Force
1711. Order in council Canadian Space Agency Act Amendments to the Act
1712-1715.
Amendments Coming into Force
1716. Order in council
vi Canadian Tourism Commission Act Amendments to the Act 1717-1721.
Amendments Coming into Force
1722. Order in council
Department of Human Resources and Skills Development Act Amendment to the Act 1723.
Amendment Coming into Force
1724. Order in council Energy Supplies Emergency Act Amendments to the Act
1725-1727.
Amendments Coming into Force
1728. Order in council Export Development Act Amendment to the Act
1729. Amendment Coming into Force
1730. Order in council Farm Products Agencies Act Amendments to the Act
1731. Amendments
1732. Order in council
Coming into Force
First Nations Fiscal and Statistical Management Act Amendments to the Act 1733-1736.
Amendments Coming into Force
1737. Order in council
vi Freshwater Fish Marketing Act Amendment to the Act 1738.
Amendment Coming into Force
1739. Order in council Historic Sites and Monuments Act Amendments to the Act
1740-1741.
Amendments Coming into Force
1742. Order in council International Boundary Commission Act Amendments to the Act
1743-1744.
Amendments Coming into Force
1745. Order in council International Development Research Centre Act Amendments to the Act
1746-1753.
Amendments Coming into Force
1754. Order in council National Defence Act Amendment to the Act
1755. Amendment Coming into Force
1756. Order in council National Research Council Act Amendment to the Act
1757. Amendment Coming into Force
1758. Order in council
ix National Round Table on the Environment and the Economy Act Amendment to the Act 1759.
Amendment Coming into Force
1760. Order in council
Natural Sciences and Engineering Research Council Act Amendment to the Act 1761.
Amendment Coming into Force
1762. Order in council Public Sector Pension Investment Board Act Amendment to the Act
1763. Amendment Coming into Force
1764. Order in council
Roosevelt Campobello International Park Commission Act Amendment to the Act 1765.
Amendment Coming into Force
1766. Order in council Social Sciences and Humanities Research Council Act Amendment to the Act
1767. Amendment Coming into Force
1768. Order in council Standards Council of Canada Act Amendments to the Act
1769-1772.
Amendments Coming into Force
1773. Order in council
x Status of the Artist Act Amendment to the Act 1774.
Amendment Coming into Force
1775. Order in council DIVISION 2 NORTH AMERICAN FREE TRADE AGREEMENT IMPLEMENTATION ACT Amendments to the Act
1776-1777.
Amendments Transitional Provisions
1778. Definitions
Consequential Amendments to the Financial Administration Act 1779-1781.
Amendments
Consequential Amendment to the Special Import Measures Act 1782.
Amendment Coming into Force
1783. Order in council DIVISION 3
THE INTERCOLONIAL AND PRINCE EDWARD ISLAND RAILWAYS EMPLOYEES’ PROVIDENT FUND ACT Repeal of the Act 1784.
Repeal Coming into Force
1785. Order in council PART 9 PENSION BENEFITS STANDARDS ACT, 1985 AMENDMENTS TO THE ACT
1786-1825.
Amendments
x TRANSITIONAL PROVISION 1826.
Adoption of new plan COMING INTO FORCE
1827. Order in council PART 10
AGREEMENT ON SOCIAL SECURITY BETWEEN CANADA AND THE REPUBLIC OF POLAND — RETROACTIVE COMING INTO FORCE 1828.
Coming into force of Agreement
1829. Actions taken
1830. Interpretation PART 11 EXPORT DEVELOPMENT ACT
1831-1833.
Amendments PART 12 PAYMENT CARD NETWORKS
ENACTMENT OF PAYMENT CARD NETWORKS ACT 1834.
Enactment
AN ACT RESPECTING PAYMENT CARD NETWORKS SHORT TITLE 1.
Payment Card Networks Act PURPOSE
2. Purpose
3. Definitions
INTERPRETATION
APPLICATION 4.
Application FINANCIAL CONSUMER AGENCY OF CANADA
5. Supervision REGULATIONS
6. Regulations
xi GENERAL 7.
Enforcing conditions
8. Exemption RELATED AMENDMENTS TO THE FINANCIAL CONSUMER AGENCY OF CANADA ACT
1835-1849.
Amendments COMING INTO FORCE
1850. Order in council PART 13
FINANCIAL CONSUMER AGENCY OF CANADA ACT AMENDMENTS TO THE ACT 1851-1857.
Amendments CONSEQUENTIAL AMENDMENTS
1858. Bank Act
1859. Cooperative Credit Associations Act
1860. Insurance Companies Act
1861. Trust and Loan Companies Act PART 14
PROCEEDS OF CRIME (MONEY LAUNDERING) AND TERRORIST FINANCING ACT AMENDMENTS TO THE ACT 1862-1882.
Amendments
CONSEQUENTIAL AMENDMENT TO THE OFFICE OF THE SUPERINTENDENT OF FINANCIAL INSTITUTIONS ACT 1883.
Amendment COMING INTO FORCE
1884. Order in council PART 15 CANADA POST CORPORATION ACT
1885. Amendment
xi PART 16 CANADA DEPOSIT INSURANCE CORPORATION ACT AMENDMENTS TO THE ACT 1886-1892.
Amendments COMING INTO FORCE
1893. Subsection 245(7) of the Budget Implementation Act, 2009 PART 17 FEDERAL CREDIT UNIONS BANK ACT
1894-2093.
Amendments
CANADA DEPOSIT INSURANCE CORPORATION ACT 2094-2107.
Amendments
2108-2109.
Amendments
INCOME TAX ACT
RELATED AMENDMENTS 2110-2112. 2113.
2114-2115. 2116.
Cooperative Credit Associations Act
Financial Consumer Agency of Canada Act
2117-2121. 2122.
Bank of Canada Act
Canada Cooperatives Act
Insurance Companies Act
Office of the Superintendent of Financial Institutions Act
2123-2125.
Trust and Loan Companies Act
2126-2134.
Winding-up and Restructuring Act COORDINATING AMENDMENTS
2135. 2005, c. 54
2136. Order in council
COMING INTO FORCE
PART 18 ATOMIC ENERGY OF CANADA LIMITED REORGANIZATION AND DIVESTITURE 2137.
Definitions
xi 2138.
Purpose
2139. Authority to sell shares, etc.
2140. Authority with respect to entities
2141. Authority
2142. Non-application of Statutory Instruments Act
2143. Tabling in Parliament
2144. Application of proceeds of disposition
2145. Financial Administration Act
2146. Appropriation NUCLEAR ENERGY ACT
2147. Amendment COMING INTO FORCE
2148. Order in council PART 19 PARTICIPANT FUNDING PROGRAMS
2149. National Energy Board Act
2150-2151.
Nuclear Safety and Control Act PART 20 ENVIRONMENTAL ASSESSMENT
CANADIAN ENVIRONMENTAL ASSESSMENT ACT Amendments to the Act 2152-2161.
Amendments Transitional Provisions
2162. Non-application of amended provisions to certain comprehensive studies
2163. Period calculation EXCLUSION LIST REGULATIONS, 2007
2164-2166.
Amendments
REGULATIONS AMENDING THE EXCLUSION LIST REGULATIONS, 2007 2167-2170.
Amendments
INFRASTRUCTURE PROJECTS ENVIRONMENTAL ASSESSMENT ADAPTATION REGULATIONS 2171.
Repeal
xv PART 21 CANADA LABOUR CODE AMENDMENTS TO THE ACT 2172-2177.
Amendments TRANSITIONAL PROVISION
2178. Deemed appointment COMING INTO FORCE
2179. Order in council PART 22 PAYMENTS TO CERTAIN ENTITIES CANADIAN YOUTH BUSINESS FOUNDATION
2180. Maximum payment of $10,000,000 GENOME CANADA
2181. Maximum payment of $75,000,000 PATHWAYS TO EDUCATION CANADA
2182. Maximum payment of $20,000,000
2183. Maximum payment of $13,500,000
RICK HANSEN FOUNDATION
PART 23 TELECOMMUNICATIONS ACT 2184.
Amendments PART 24 EMPLOYMENT INSURANCE FINANCING EMPLOYMENT INSURANCE ACT Amendments to the Act
2185-2194.
Amendments Transitional Provisions
2195. Account closed
2196. Section 76
2197. Amounts credited and charged
2198. Appropriation Acts
2199. Employment Insurance Operating Account — audit for fiscal year 2008–2009
xv 2200.
Employment Insurance Account — re-audit Consequential Amendments
2201. Department of Human Resources and Skills Development Act
2202-2203.
Employment Insurance Regulations BUDGET IMPLEMENTATION ACT, 2008
2204-2206.
Amendments
CANADA EMPLOYMENT INSURANCE FINANCING BOARD ACT 2207.
Amendment COMING INTO FORCE
2208. January 1, 2009
SCHEDULE 1 SCHEDULE 2 SCHEDULE 3
59 ELIZABETH II —————— CHAPTER 12 An Act to implement certain provisions of the budget tabled in Parliament on March 4, 2010 and other measures [Assented to 12th July, 2010] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: SHORT TITLE Short title
1. This Act may be cited as the Jobs and Economic Growth Act. PART 1 AMENDMENTS TO THE INCOME TAX ACT AND RELATED ACTS AND REGULATIONS
R.S., c. 1 (5th Supp.)
INCOME TAX ACT 2. (1) Paragraph 44.1(2)(c) of the Act is replaced by the following: (c) where the qualifying disposition was a disposition of a share that was taxable Canadian property of the individual, the replacement share of the individual in respect of the qualifying disposition is deemed to be, at any time that is within 60 months after the disposition, taxable Canadian property of the individual. (2) Subsection (1) applies in determining after March 4, 2010 whether a property is taxable Canadian property of a taxpayer. 3. (1) Paragraph 51(1)(f) of the Act is replaced by the following:
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(f) where the convertible property is taxable Canadian property of the taxpayer, the share acquired by the taxpayer on the exchange is deemed to be, at any time that is within 60 months after the exchange, taxable Canadian property of the taxpayer. (2) Subsection (1) applies in determining after March 4, 2010 whether a property is taxable Canadian property of a taxpayer. 4. (1) Subsection 56(6) of the Act is replaced by the following: Child care benefit
(6) There shall be included in computing the income of a taxpayer for a taxation year the total of all amounts each of which is a benefit paid under section 4 of the Universal Child Care Benefit Act that is received in the taxation year by (a) the taxpayer, if (i) the taxpayer does not have a “cohabiting spouse or common-law partner” (within the meaning assigned by section 122.6) at the end of the year and the taxpayer does not make a designation under subsection (6.1) for the taxation year, or (ii) the income, for the taxation year, of the person who is the taxpayer’s cohabiting spouse or common-law partner at the end of the taxation year is equal to or greater than the income of the taxpayer for the taxation year; (b) the taxpayer’s cohabiting spouse or common-law partner at the end of the taxation year, if the income of the cohabiting spouse or common-law partner for the taxation year is greater than the taxpayer’s income for the taxation year; or (c) an individual who makes a designation under subsection (6.1) in respect of the taxpayer for the taxation year.
Designation
(6.1) If, at the end of the taxation year, a taxpayer does not have a “cohabiting spouse or common-law partner” (within the meaning assigned by section 122.6), the taxpayer may designate, in the taxpayer’s return of income for the taxation year, the total of all amounts, each
Emploi et croissa of which is a benefit received in the taxation year by the taxpayer under section 4 of the Universal Child Care Benefit Act, to be income of (a) if the taxpayer deducts an amount for the taxation year under subsection 118(1) because of paragraph (b) of the description of B in that subsection in respect of an individual, the individual; or (b) in any other case, a child who is a “qualified dependant” (as defined in section 2 of the Universal Child Care Benefit Act) of the taxpayer. (2) Subsection (1) applies to 2010 and subsequent years. 5. (1) Paragraph 60(z) of the Act is replaced by the following:
Repayment under the Canada Disability Savings Act
(z) the total of all amounts each of which is an amount paid in the taxation year as a repayment, under or because of the Canada Disability Savings Act or a designated provincial program as defined in subsection 146.4(1), of an amount that was included because of section 146.4 in computing the taxpayer’s income for the taxation year or a preceding taxation year. (2) Subsection (1) applies to the 2009 and subsequent taxation years. 6. (1) Paragraph 85(1)(i) of the Act is replaced by the following: (i) where the property so disposed of is taxable Canadian property of the taxpayer, all of the shares of the capital stock of the Canadian corporation received by the taxpayer as consideration for the property are deemed to be, at any time that is within 60 months after the disposition, taxable Canadian property of the taxpayer. (2) Subsection (1) applies in determining after March 4, 2010 whether a property is taxable Canadian property of a taxpayer. 7. (1) The portion of paragraph 85.1(1)(a) of the Act after subparagraph (ii) is replaced by the following:
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and where the exchanged shares were taxable Canadian property of the vendor, the shares of the purchaser so acquired by the vendor are deemed to be, at any time that is within 60 months after the exchange, taxable Canadian property of the vendor; and (2) The portion of subsection 85.1(5) of the Act after paragraph (b) is replaced by the following: and where the exchanged foreign shares were taxable Canadian property of the vendor, the issued foreign shares so acquired by the vendor are deemed to be, at any time that is within 60 months after the exchange, taxable Canadian property of the vendor. (3) Paragraph 85.1(8)(b) of the Act is replaced by the following: (b) if the particular unit was immediately before the disposition taxable Canadian property of the taxpayer, the exchange share is deemed to be, at any time that is within 60 months after the disposition, taxable Canadian property of the taxpayer; (4) Subsections (1) to (3) apply in determining after March 4, 2010 whether a property is taxable Canadian property of a taxpayer. 8. (1) The portion of subsection 87(4) of the Act after paragraph (e) is replaced by the following: and where the old shares were taxable Canadian property of the shareholder, the new shares are deemed to be, at any time that is within 60 months after the amalgamation, taxable Canadian property of the shareholder. (2) The portion of subsection 87(5) of the Act after paragraph (b) is replaced by the following: and where the old option was taxable Canadian property of the taxpayer, the new option is deemed to be, at any time that is within 60 months after the amalgamation, taxable Canadian property of the taxpayer.
Emploi et croissa (3) Subsections (1) and (2) apply in determining after March 4, 2010 whether a property is taxable Canadian property of a taxpayer. 9. (1) Paragraph 97(2)(c) of the Act is replaced by the following: (c) where the property so disposed of by the taxpayer to the partnership is taxable Canadian property of the taxpayer, the interest in the partnership received by the taxpayer as consideration for the property is deemed to be, at any time that is within 60 months after the disposition, taxable Canadian property of the taxpayer. (2) Subsection (1) applies in determining after March 4, 2010 whether a property is taxable Canadian property of a taxpayer. 10. (1) Subparagraph 107(2)(d.1)(iii) of the Act is replaced by the following: (iii) the property was deemed by paragraph 51(1)(f), 85(1)(i) or 85.1(1)(a), subsection 85.1(5) or 87(4) or (5) or paragraph 97(2)(c) to be taxable Canadian property of the trust; and (2) Paragraph 107(2)(d.1) of the Act, as amended by subsection (1), is repealed. (3) Paragraph 107(3.1)(d) of the Act is replaced by the following: (d) if the taxpayer’s interest as a beneficiary under the trust was immediately before the disposition taxable Canadian property of the taxpayer, the property is deemed to be, at any time that is within 60 months after the distribution, taxable Canadian property of the taxpayer; and (4) Subsection (1) applies in determining after October 1, 1996 whether a property is taxable Canadian property of a taxpayer. (5) Subsections (2) and (3) apply in determining after March 4, 2010 whether a property is taxable Canadian property of a taxpayer.
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11. (1) Paragraph 107.4(3)(f) of the Act is replaced by the following: (f) if, as a result of a transaction or event, the property was deemed to be taxable Canadian property of the transferor by this paragraph or any of paragraphs 44.1(2)(c), 51(1)(f), 85(1)(i) and 85.1(1)(a), subsection 85.1(5), paragraph 85.1(8)(b), subsections 87(4) and (5) and paragraphs 97(2)(c) and 107(3.1)(d), the property is also deemed to be, at any time that is within 60 months after the transaction or event, taxable Canadian property of the transferee trust; (2) Subsection (1) applies in determining after March 4, 2010 whether a property is taxable Canadian property of a taxpayer. 12. (1) Subsection 110(1) of the Act is amended by adding the following after paragraph (g): (h) 35 per cent of the total of all benefits (in this paragraph referred to as “U.S. social security benefits”) that are received by the taxpayer in the taxation year and to which paragraph 5 of Article XVIII of the Convention between Canada and the United States of America with respect to Taxes on Income and on Capital as set out in Schedule I to the Canada-United States Tax Convention Act, 1984, S.C. 1984, c. 20, applies, if (i) the taxpayer has continuously during a period that begins before 1996 and ends in the taxation year, been resident in Canada, and has received U.S. social security benefits in each taxation year that ends in that period, or (ii) in the case where the benefits are payable to the taxpayer in respect of a deceased individual, (A) the taxpayer was, immediately before the deceased individual’s death, the deceased individual’s spouse or common-law partner,
Emploi et croissa (B) the taxpayer has continuously during a period that begins at the time of the deceased individual’s death and ends in the taxation year, been resident in Canada, (C) the deceased individual was, in respect of the taxation year in which the deceased individual died, a taxpayer described in subparagraph (i), and (D) in each taxation year that ends in a period that begins before 1996 and that ends in the taxation year, the taxpayer, the deceased individual, or both of them, received U.S. social security benefits. (2) Subsection (1) applies to the 2010 and subsequent taxation years. 13. (1) Section 118.2 of the Act is amended by adding the following after subsection (2):
Cosmetic purposes
(2.1) The medical expenses referred to in subsection (2) do not include amounts paid for medical or dental services, nor any related expenses, provided purely for cosmetic purposes, unless necessary for medical or reconstructive purposes. (2) Subsection (1) applies to expenses incurred after March 4, 2010. 14. (1) Paragraph (a) of the definition “flow-through mining expenditure” in subsection 127(9) of the Act is replaced by the following: (a) that is a Canadian exploration expense incurred by a corporation after March 2010 and before 2012 (including, for greater certainty, an expense that is deemed by subsection 66(12.66) to be incurred before 2012) in conducting mining exploration activity from or above the surface of the earth for the purpose of determining the existence, location, extent or quality of a mineral resource described in paragraph (a) or (d) of the definition “mineral resource” in subsection 248(1),
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(2) Paragraphs (c) and (d) of the definition “flow-through mining expenditure” in subsection 127(9) of the Act are replaced by the following: (c) an amount in respect of which is renounced in accordance with subsection 66(12.6) by the corporation to the taxpayer (or a partnership of which the taxpayer is a member) under an agreement described in that subsection and made after March 2010 and before April 2011, and (d) that is not an expense that was renounced under subsection 66(12.6) to the corporation (or a partnership of which the corporation is a member), unless that renunciation was under an agreement described in that subsection and made after March 2010 and before April 2011; (3) Subsections (1) and (2) apply to expenses renounced under a flow-through share agreement made after March 2010. 15. (1) Section 128.1 of the Act is amended by adding the following after subsection (6): Deemed taxable Canadian property
(6.1) For the purposes of paragraph (6)(a), a property is deemed to be taxable Canadian property of the individual throughout the period that began at the emigration time and that ends at the particular time if (a) the emigration time is before March 5, 2010; and (b) the property was taxable Canadian property of the individual on March 4, 2010. (2) Subsection (1) applies in determining after March 4, 2010 whether a property is taxable Canadian property of a taxpayer. 16. (1) The definition “contribution” in subsection 146.1(1) of the Act is replaced by the following:
“contribution” « cotisation »
“contribution” to an education savings plan does not include an amount paid into the plan under or because of
Emploi et croissa (a) the Canada Education Savings Act or a designated provincial program, or (b) any other program that has a similar purpose to a designated provincial program and that is funded, directly or indirectly, by a province (other than an amount paid into the plan by a public primary caregiver in its capacity as subscriber under the plan); (2) Paragraph (b) of the definition “designated provincial program” in subsection 146.1(1) of the Act is replaced by the following: (b) a program established under the laws of a province to encourage the financing of children’s post-secondary education through savings in registered education savings plans. (3) Subsection (1) applies to the 2009 and subsequent taxation years. (4) Subsection (2) applies to the 2007 and subsequent taxation years. 17. (1) The definition “contribution” in subsection 146.4(1) of the Act is replaced by the following:
“contribution” « cotisation »
“contribution” to a disability savings plan does not include (other than for the purpose of paragraph (b) of the definition “disability savings plan”) (a) an amount paid into the plan under or because of the Canada Disability Savings Act or a designated provincial program; (b) an amount paid into the plan under or because of any other program that has a similar purpose to a designated provincial program and that is funded, directly or indirectly, by a province (other than an amount paid into the plan by an entity described in subparagraph (a)(iii) of the definition “qualifying person” in its capacity as holder of the plan); or (c) an amount transferred to the plan in accordance with subsection (8).
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(2) Subsection 146.4(1) of the Act is amended by adding the following in alphabetical order: “designated provincial program” « programme provincial désigné »
“designated provincial program” means a program that is established under the laws of a province and that supports savings in registered disability savings plans. (3) Paragraph 146.4(4)(g) of the Act is replaced by the following: (g) the plan prohibits a contribution from being made to the plan at any time if (i) the beneficiary attained the age of 59 years before the calendar year that includes that time, (ii) the beneficiary is not resident in Canada at that time, or (iii) the total of the contribution and all other contributions made at or before that time to the plan or to any other registered disability savings plan of the beneficiary would exceed $200,000; (4) Subparagraph 146.4(4)(i)(iii) of the Act is replaced by the following: (iii) repayments under the Canada Disability Savings Act or a designated provincial program; (5) The portion of paragraph 146.4(4)(n) of the Act before subparagraph (i) is replaced by the following: (n) the plan provides that when the total of all amounts paid under the Canada Disability Savings Act before the beginning of a calendar year to any registered disability savings plan of the beneficiary exceeds the total of all contributions made before the beginning of the calendar year to any registered disability savings plan of the beneficiary, (6) The portion of paragraph 146.4(4)(p) of the Act before subparagraph (i) is replaced by the following: (p) the plan provides for any amounts remaining in the plan (after taking into consideration any repayments under the
Emploi et croissa Canada Disability Savings Act or a designated provincial program) to be paid to the beneficiary or the beneficiary’s estate, as the case may be, and for the plan to be terminated, by the end of the calendar year following the earlier of (7) Paragraph (a) of the description of B in subsection 146.4(7) of the Act is replaced by the following: (a) the total of all amounts each of which is the amount of a contribution made before the particular time to any registered disability savings plan of the beneficiary (8) Subsections (1) to (7) apply to the 2009 and subsequent taxation years. 18. (1) Paragraph 147.2(2)(d) of the Act is replaced by the following: (d) a recommendation with respect to the contributions required to be made by an employer in respect of the defined benefit provisions of a pension plan may be prepared without regard to such portion of the assets of the plan apportioned to the employer in respect of the employer’s employees and former employees as does not exceed the lesser of (i) the amount of actuarial surplus in respect of the employer, and (ii) 25% of the amount of actuarial liabilities apportioned to the employer in respect of the employer’s employees and former employees. (2) Subsection (1) applies to contributions made after 2009 to fund benefits provided in respect of periods of pensionable service after 2009. 19. (1) Subsection 164(1.5) of the Act is amended by striking out “or” at the end of paragraph (a), by adding “or’’ at the end of paragraph (b) and by adding the following after paragraph (b): (c) to the extent that the overpayment relates to an assessment of another taxpayer under subsection 227(10) or (10.1) (in this para12
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graph referred to as the “other assessment”), if the taxpayer’s return of income under this Part for the taxation year is filed on or before the day that is two years after the date of the other assessment and if the other assessment relates to (i) in the case of an amount assessed under subsection 227(10), a payment to the taxpayer of a fee, commission or other amount in respect of services rendered in Canada by a non-resident person or partnership, and (ii) in the case of an amount assessed under subsection 227(10.1), an amount payable under subsection 116(5) or (5.3) in respect of a disposition of property by the taxpayer.
(2) Subsection (1) applies to overpayments in respect of which applications for refunds are made after March 4, 2010. 20. (1) Paragraph (d) of the definition “advantage” in subsection 205(1) of the Act is replaced by the following: (d) an amount paid under or because of the Canada Disability Savings Act or a designated provincial program as defined in subsection 146.4(1); (2) Subsection (1) applies to the 2009 and subsequent taxation years. 21. (1) Subparagraph 241(4)(d)(vii.1) of the Act is replaced by the following: (vii.1) to an official solely for the purpose of the administration or enforcement of the Canada Education Savings Act or a designated provincial program as defined in subsection 146.1(1), (2) Subparagraph 241(4)(d)(vii.5) of the Act is replaced by the following:
Emploi et croissa (vii.5) to an official solely for the purposes of the administration or enforcement of the Canada Disability Savings Act or a designated provincial program as defined in subsection 146.4(1), (3) Subsections (1) and (2) apply to the 2009 and subsequent taxation years. 22. (1) The definition “taxable Canadian property” in subsection 248(1) of the Act is replaced by the following:
“taxable Canadian property” « bien canadien imposable »
“taxable Canadian property” of a taxpayer at any time in a taxation year means a property of the taxpayer that is (a) real or immovable property situated in Canada, (b) property used or held by the taxpayer in, eligible capital property in respect of, or property described in an inventory of, a business carried on in Canada, other than (i) property used in carrying on an insurance business, and (ii) where the taxpayer is non-resident, ships and aircraft used principally in international traffic and personal or movable property pertaining to their operation if the country in which the taxpayer is resident does not impose tax on gains of persons resident in Canada from dispositions of such property, (c) if the taxpayer is an insurer, its designated insurance property for the year, (d) a share of the capital stock of a corporation (other than a mutual fund corporation) that is not listed on a designated stock exchange, an interest in a partnership or an interest in a trust (other than a unit of a mutual fund trust or an income interest in a trust resident in Canada), if, at any particular time during the 60-month period that ends at that time, more than 50% of the fair market value of the share or interest, as the case may be, was derived directly or indirectly from one or any combination of (i) real or immovable property situated in Canada,
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(ii) Canadian resource properties, (iii) timber resource properties, and (iv) options in respect of, or interests in, or for civil law rights in, property described in any of subparagraphs (i) to (iii), whether or not the property exists, (e) a share of the capital stock of a corporation that is listed on a designated stock exchange, a share of the capital stock of a mutual fund corporation or a unit of a mutual fund trust, if, at any particular time during the 60-month period that ends at that time, (i) 25% or more of the issued shares of any class of the capital stock of the corporation, or 25% or more of the issued units of the trust, as the case may be, were owned by or belonged to one or any combination of (A) the taxpayer, and (B) persons with whom the taxpayer did not deal at arm’s length, and (ii) more than 50% of the fair market value of the share or unit, as the case may be, was derived directly or indirectly from one or any combination of properties described under subparagraphs (d)(i) to (iv), or (f) an option in respect of, or an interest in, or for civil law a right in, a property described in any of paragraphs (a) to (e), whether or not the property exists, and, for the purposes of section 2, subsection 107(2.001) and sections 128.1 and 150, and for the purpose of applying paragraphs 85(1)(i) and 97(2)(c) to a disposition by a non-resident person, includes (g) a Canadian resource property, (h) a timber resource property, (i) an income interest in a trust resident in Canada, (j) a right to a share of the income or loss under an agreement referred to in paragraph 96(1.1)(a), and (k) a life insurance policy in Canada;
Emploi et croissa
(2) Subsection 248(25.1) of the Act is replaced by the following: Trust-to-trust transfers
(25.1) If, at any time, a particular trust transfers property to another trust (other than a trust governed by a registered retirement savings plan or by a registered retirement income fund) in circumstances to which paragraph (f) of the definition “disposition” in subsection (1) applies, without affecting the personal liabilities under this Act of the trustees of either trust or the application of subsection 104(5.8) and paragraph 122(2)(f), (a) the other trust is deemed to be after that time the same trust as, and a continuation of, the particular trust; and (b) for greater certainty, if, as a result of a transaction or event, the property was deemed to be taxable Canadian property of the particular trust by any of paragraphs 51(1)(f), 85(1)(i) and 85.1(1)(a), subsection 85.1(5), paragraph 85.1(8)(b), subsections 87(4) and (5) and paragraphs 97(2)(c) and 107(3.1)(d), the property is also deemed to be, at any time that is within 60 months after the transaction or event, taxable Canadian property of the other trust. (3) Subsections (1) and (2) apply in determining after March 4, 2010 whether a property is taxable Canadian property of a taxpayer.
C.R.C., c. 945
INCOME TAX REGULATIONS 23. (1) Subparagraph 4301(b)(ii) of the Income Tax Regulations is replaced by the following: (ii) if the taxpayer is a corporation, zero per cent, and in any other case, 2 per cent; and
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(2) Subsection (1) comes into force, or is deemed to have come into force, on July 1, 2010. 24. (1) Subparagraph 8510(9)(c)(i) of the Regulations is replaced by the following: (i) the contribution is a current service contribution that would be an eligible contribution under subsection 147.2(2) of the Act if no contributions were prescribed for the purposes of that subsection and if that subsection were read without reference to its subparagraph (d)(ii), and (2) Clause 8510(9)(c)(ii)(A) of the Regulations is replaced by the following: (A) where the amount of actuarial surplus in respect of the employer is greater than the amount determined under subparagraph 147.2(2)(d)(ii) of the Act, 50% of the current service contribution that would be required to be made by the employer if there were no actuarial surplus under the provisions, and (3) Subsections (1) and (2) apply to contributions made after 2009 to fund benefits provided in respect of periods of pensionable service after 2009. 25. (1) Subsection 8516(1) of the Regulations is replaced by the following: 8516. (1) For the purposes of subsection 147.2(2) of the Act, a contribution described in subsection (2) or (3) is a prescribed contribution. (2) Subsection 8516(4) of the Regulations and the heading before it are repealed. (3) Subsections (1) and (2) apply to contributions made after 2009 to fund benefits provided in respect of periods of pensionable service after 2009.
Emploi et croissa
2010 2007, c. 35, s. 136
CANADA DISABILITY SAVINGS ACT 26. (1) The definition “contribution” in subsection 2(1) of the Canada Disability Savings Act is repealed. (2) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:
“first threshold” « premier seuil »
“phase-out income” « revenu de transition »
“first threshold” for a particular year means the dollar amount referred to in paragraph 117(2)(a) of the Income Tax Act, as adjusted under that Act for the particular year; “phase-out income” for a particular year means the amount determined by the formula A – (B/0.122) where A is the first threshold for the particular year, and B is the amount referred to in paragraph (a) of the description of F in subsection 122.61(1) of the Income Tax Act, as adjusted under that Act for the particular year;
“second threshold” « deuxième seuil »
“second threshold” for a particular year means the higher dollar amount referred to in paragraph 117(2)(b) of the Income Tax Act, as adjusted under the Act for the particular year.
(3) Paragraph 2(2)(b) of the Act is replaced by the following: (b) the expressions “contribution”, “designated provincial program”, “holder”, “issuer” and “registered disability savings plan” have the same meanings as in section 146.4 of that Act; and (4) Subsections (1) to (3) apply to the 2009 and subsequent years. 27. (1) Subparagraphs 6(2)(a)(i) and (ii) of the Act are replaced by the following: (i) an individual who is at least 18 years of age on December 31 of the year preceding the particular year and whose family
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income for the particular year is less than or equal to the second threshold for the particular year, (ii) a qualified dependant of an eligible individual whose adjusted income used to determine the amount of a child tax benefit in respect of January in the particular year is less than or equal to the second threshold for the particular year, or (2) Subsection 6(6) of the Act is repealed. (3) Subsections (1) and (2) apply to the 2009 and subsequent years. 28. (1) Subparagraphs 7(2)(a)(i) and (ii) of the Act are replaced by the following: (i) an individual who is at least 18 years of age on December 31 of the year preceding the particular year and whose family income for the particular year is less than or equal to the phase-out income for the particular year, (ii) a qualified dependant of an eligible individual whose adjusted income used to determine the amount of a child tax benefit in respect of January in the particular year is less than or equal to the phase-out income for the particular year, or (2) Subparagraphs 7(2)(b)(i) and (ii) of the Act are replaced by the following: (i) an individual who is at least 18 years of age on December 31 of the year preceding the particular year and whose family income for the particular year is more than the phase-out income for the particular year but less than the first threshold for the particular year, or (ii) a qualified dependant of an eligible individual whose adjusted income used to determine the amount of a child tax benefit in respect of January in the particular year is more than the phase-out income for the particular year but less than the first threshold for the particular year.
Emploi et croissa (3) The descriptions of B and C in subsection 7(4) of the Act are replaced by the following: B is the phase-out income for the particular year; and C is the first threshold for the particular year. (4) Subsection 7(8) of the Act is repealed. (5) Subsections (1) to (4) apply to the 2009 and subsequent years.
SOR/2008-186
CANADA DISABILITY SAVINGS REGULATIONS 29. (1) Subparagraph 4(d)(i) of the Canada Disability Savings Regulations is replaced by the following: (i) all contributions, payments and transfers to, and all payments and transfers from, an RDSP, (2) Subsection (1) applies to the 2009 and subsequent years.
2004, c. 26
CANADA EDUCATION SAVINGS ACT 30. (1) Subsection 2(1) of the Canada Education Savings Act is amended by adding the following in alphabetical order:
“first threshold” « premier seuil »
“second threshold” « deuxième seuil »
“first threshold” for a particular year means the dollar amount referred to in paragraph 117(2)(a) of the Income Tax Act, as adjusted under that Act for the particular year; “second threshold” for a particular year means the higher dollar amount referred to in paragraph 117(2)(b) of the Income Tax Act, as adjusted under that Act for the particular year. (2) Paragraph 2(2)(b) of the Act is replaced by the following: (b) the expressions “beneficiary”, “contribution”, “designated provincial program”, “promoter”, “registered education savings plan”, “subscriber” and “trust” have the meanings assigned by section 146.1 of the Income Tax Act; and
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(3) Subsection (1) applies to 2009 and subsequent years. (4) Subsection (2) applies to the 2007 and subsequent years. 31. (1) Clause 5(4)(a)(i)(A) of the Act is replaced by the following: (A) is a qualified dependant of an eligible individual whose adjusted income used to determine the amount of a child tax benefit in respect of January in the particular year is the first threshold for the particular year or less, or
(2) Subparagraph 5(4)(a)(ii) of the Act is replaced by the following: (ii) 10% of the contribution, if the beneficiary is a qualified dependant of an eligible individual whose adjusted income used to determine the amount of a child tax benefit in respect of January in the particular year is more than the first threshold for the particular year but not more than the second threshold for the particular year, and (3) Subsection 5(8) of the Act is repealed. (4) Subsections (1) to (3) apply to 2009 and subsequent years. SOR/2005-151
CANADA EDUCATION SAVINGS REGULATIONS 32. (1) The description of G in paragraph 10(1)(b) of the Canada Education Savings Regulations is replaced by the following: G is the total of all amounts paid into the RESP under a designated provincial program. (2) The description of G in paragraph 10(2)(b) of the Regulations is replaced by the following:
Emploi et croissa G is the total of all amounts paid into the RESP under a designated provincial program, and (3) Subsections (1) and (2) apply to the 2007 and subsequent years. 33. (1) Subsection 16(2) of the Regulations is replaced by the following: (2) If less than all of the property, other than the property in a CLB account, held in connection with an RESP is transferred to another RESP, the assisted contributions, unassisted contributions, CES grants, any amount paid under a designated provincial program and accumulated income are considered to be transferred in the same proportion as the value of the property transferred is to the total value of the property, other than the value of the property in a CLB account, in the RESP at the time of the transfer.
(2) Subsection (1) applies to the 2007 and subsequent years. C.R.C., c. 385
CANADA PENSION PLAN REGULATIONS 34. (1) Subparagraph 36(2)(b)(ii) of the Canada Pension Plan Regulations is replaced by the following: (ii) if the amount is payable to a corporation, zero per cent, and in any other case, 2 per cent.
(2) Subsection (1) comes into force, or is deemed to have come into force, on July 1, 2010. SOR/97-33
INSURABLE EARNINGS AND COLLECTION OF PREMIUMS REGULATIONS 35. (1) Subparagraph 18(2)(b)(ii) of the Insurable Earnings and Collection of Premiums Regulations is replaced by the following:
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(ii) if the amount is payable to a corporation, zero per cent, and in any other case, 2 per cent.
(2) Subsection (1) comes into force, or is deemed to have come into force, on July 1, 2010. SOR/2002-63
REGULATIONS EXCLUDING CERTAIN INDICTABLE OFFENCES FROM THE DEFINITION OF “DESIGNATED OFFENCE” 36. (1) Paragraph 1(a) of the Regulations Excluding Certain Indictable Offences from the Definition of “Designated Offence” is repealed. (2) Paragraphs 1(d) and (e) of the Regulations are repealed. (3) Paragraph 1(j) of the Regulations is repealed. PART 2 AMENDMENTS IN RESPECT OF EXCISE DUTIES AND SALES AND EXCISE TAXES
R.S., c. E-14
EXCISE ACT
1996, c. 21, s. 62(1)
37. (1) Paragraph 110.1(1)(b) of the Excise Act is replaced by the following: (b) interest at such rates per annum prescribed under the Income Tax Act for amounts payable by the Minister under that Act as refunds of overpayments of tax to a person that is not a corporation, as are in effect from time to time, in respect of each day between the expiration of that time and the day on which the total duty, penalty and interest outstanding is paid, calculated on the total duty, penalty and interest outstanding on that day. (2) Subsection (1) comes into force, or is deemed to have come into force, on July 1, 2010.
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AMENDMENTS IN RESPECT OF THE EXCISE ACT, 2001 2002, c. 22
Excise Act, 2001 38. (1) The definition “stamped” in section 2 of the Excise Act, 2001 is replaced by the following:
“stamped” « estampillé »
“stamped”, in respect of a tobacco product, means that an excise stamp, and all prescribed information in a prescribed format, are stamped, impressed, printed or marked on, indented into or affixed to the product or its container in the prescribed manner to indicate that duty, other than special duty, has been paid on the product. (2) Section 2 of the Act is amended by adding the following in alphabetical order:
“excise stamp” « timbre d’accise »
“excise stamp” means a stamp that is issued by the Minister under subsection 25.1(1) and that has not been cancelled under section 25.5.
2008, c. 28, s. 51(1)
39. (1) Subsection 5(1) of the Act is replaced by the following:
Constructive possession
5. (1) For the purposes of section 25.2, subsections 25.3(1), 30(1), 32(1) and 32.1(1), section 61, subsections 70(1) and 88(1), sections 230 and 231 and subsection 238.1(1), if one of two or more persons, with the knowledge and consent of the rest of them, has anything in the person’s possession, it is deemed to be in the custody and possession of each and all of them.
2008, c. 28, s. 51(2)
(2) The portion of subsection 5(2) of the Act before paragraph (a) is replaced by the following:
Meaning of “possession”
(2) In this section and in section 25.2, subsections 25.3(1), 30(1), 32(1) and 32.1(1), section 61 and subsections 70(1), 88(1) and 238.1(1), “possession” means not only having in one’s own personal possession but also knowingly 40. The Act is amended by adding the following after section 25:
Issuance of excise stamps
25.1 (1) On application in the prescribed form and manner, the Minister may issue, to a tobacco licensee or a prescribed person who is
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importing tobacco products, stamps the purpose of which is to indicate that duty, other than special duty, has been paid on a tobacco product. Quantity of excise stamps
(2) The Minister may limit the quantity of excise stamps that may be issued to a person under subsection (1).
Security
(3) No person shall be issued an excise stamp unless the person has provided security in a form satisfactory to the Minister and in an amount determined in accordance with the regulations.
Supply of excise stamps
(4) The Minister may authorize a producer of excise stamps to supply, on the direction of the Minister, excise stamps to a person who is issued those stamps under subsection (1).
Design and construction
(5) The design and construction of excise stamps shall be subject to the approval of the Minister.
Counterfeiting excise stamps
25.2 No person shall produce, possess, sell or otherwise supply, or offer to supply, without lawful justification or excuse the proof of which lies on the person, anything that is intended to resemble or pass for an excise stamp.
Unlawful possession of excise stamps
25.3 (1) No person shall possess an excise stamp that has not been affixed to a tobacco product or its container in the manner prescribed for the purposes of the definition “stamped” in section 2 to indicate that duty, other than special duty, has been paid on the product.
Exceptions — possession
(2) Subsection (1) does not apply to the possession of an excise stamp by (a) the person who lawfully produced the excise stamp; (b) the person who is issued the excise stamp; (c) a sufferance warehouse licensee who possesses the excise stamp in their sufferance warehouse on behalf of a person described under paragraph (b); or (d) a prescribed person.
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2010 Unlawful supply of excise stamps
Cancellation, return and destruction of excise stamps
25.4 No person shall dispose of, sell or otherwise supply, or offer to supply, an excise stamp otherwise than in accordance with this Act. 25.5 The Minister may (a) cancel an excise stamp that has been issued; and (b) direct that it be returned or destroyed in a manner specified by the Minister. 41. The Act is amended by adding the following after subsection 206(2.1):
Keeping records — excise stamps
(2.2) Every person who has been issued an excise stamp shall keep all records that are necessary to determine the receipt, retention, location, use or disposition of the stamp.
2008, c. 28, s. 60
42. The portion of section 214 of the Act before paragraph (a) is replaced by the following:
Unlawful production, sale, etc., of tobacco or alcohol
214. Every person who contravenes any of sections 25, 25.2 to 25.4, 27 and 29, subsection 32.1(1) and sections 60 and 62 is guilty of an offence and liable
2007, c. 18, s. 121
43. Section 234 of the Act is replaced by the following:
Contravention of section 38, 40, 49, 61, 62.1, 99, 149 or 151
234. (1) Every person who contravenes section 38, 40, 49, 61, 62.1, 99, 149 or 151 is liable to a penalty of not more than $25,000.
Failure to comply
(2) Every person who fails to return or destroy stamps as directed by the Minister under paragraph 25.5(b), or who fails to re-work or destroy a tobacco product in the manner authorized by the Minister under section 41, is liable to a penalty of not more than $25,000. 44. The Act is amended by adding the following after section 238:
Penalty in respect of unaccounted excise stamps
238.1 (1) Every person who is issued excise stamps is liable to a penalty if the person cannot account for the stamps as being in their possession unless
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(a) the person can demonstrate that the stamps were affixed to tobacco products or their containers in the manner prescribed for the purposes of the definition “stamped” in section 2 and that duty, other than special duty, has been paid on the products; or (b) in the case of stamps that were cancelled, the person can demonstrate that the stamps were returned or destroyed as directed by the Minister. Amount of the penalty
(2) The amount of the penalty for each excise stamp that cannot be accounted for is equal to the duty that would be imposed on a tobacco product for which the stamp was issued under subsection 25.1(1).
2007, c. 18, s. 127(1)
45. Section 264 of the Act is replaced by the following:
Certain things not to be returned
264. Despite this Act, any alcohol, specially denatured alcohol, restricted formulation, raw leaf tobacco, excise stamp or tobacco product that is seized under section 260 must not be returned to the person from whom it was seized or any other person unless it was seized in error.
46. Section 266 of the Act is amended by adding the following after subsection (1): Excise stamps not to be sold
(1.1) Despite subsection (1), the Minister shall not sell excise stamps that have been seized under section 260. 47. (1) Paragraph 304(1)(c) of the Act is replaced by the following: (c) respecting the types of security that are acceptable for the purposes of paragraph 23(3)(b) or subsection 25.1(3), and the manner by which the amount of the security is to be determined but that amount must not be less than $5,000; (2) Paragraph 304(1)(d) of the French version of the Act is replaced by the following: d) régir la durée, la modification, la suspension, le renouvellement, la révocation, le retrait et le rétablissement des licences, agréments et autorisations;
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(3) Subsection 304(1) of the Act is amended by adding the following after paragraph (f): (f.1) respecting the issuance of excise stamps; (4) Paragraph 304(1)(i) of the French version of the Act is replaced by the following: i) régir le dépôt de produits du tabac et d’alcool dans un entrepôt d’accise ou un entrepôt d’accise spécial et leur sortie d’un tel entrepôt; 2007, c. 18, s. 130(1)
(5) Paragraph 304(1)(n) of the French version of the Act is replaced by the following: n) régir la vente, en vertu de l’article 266, d’alcool, de produits du tabac, de tabac en feuilles, d’alcool spécialement dénaturé ou de préparations assujetties à des restrictions saisis en vertu de l’article 260;
R.S., c. 1 (2nd Supp.)
Customs Act 48. Subsection 2(1) of the Customs Act is amended by adding the following in alphabetical order:
“excise stamp” « timbre d’accise »
“excise stamp” means a stamp that is issued by the Minister under subsection 25.1(1) of the Excise Act, 2001 and that has not been cancelled under section 25.5 of that Act; 49. Section 97.25 of the Act is amended by adding the following after subsection (3):
Excise stamps not to be sold
(3.1) Despite subsection (3), the Minister shall not direct that detained excise stamps be sold.
2007, c. 18, s. 137(1)
50. Subsection 117(2) of the Act is replaced by the following:
No return of certain goods
(2) Despite subsection (1), if spirits, wine, specially denatured alcohol, restricted formulations, raw leaf tobacco, excise stamps or tobacco products are seized under this Act, they shall not be returned to the person from whom they were seized or any other person unless they were seized in error.
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51. Section 119.1 of the Act is amended by adding the following after subsection (1): Excise stamps not to be sold
(1.01) Despite subsection (1), the Minister shall not authorize an officer to sell excise stamps that have been seized under this Act.
2007, c. 18, s. 139(1)
52. The portion of subsection 142(1) of the Act before paragraph (a) is replaced by the following:
Disposal of things abandoned or forfeit
142. (1) Unless the thing is spirits, specially denatured alcohol, a restricted formulation, wine, raw leaf tobacco, an excise stamp or a tobacco product, anything that has been abandoned to Her Majesty in right of Canada under this Act and anything the forfeiture of which is final under this Act shall 53. Section 142.1 of the Act is amended by adding the following after subsection (1):
Dealing with abandoned or forfeited excise stamps
(1.1) If an excise stamp is abandoned or finally forfeited under this Act, the Minister may destroy or otherwise deal with it. Application
Meaning of “implementation date”
54. (1) In this section, “implementation date” means the first day of the month that follows the thirtieth day after the day on which this Act receives Royal Assent.
Application
(2) Sections 38 to 46, subsections 47(1) and (3) and sections 48 to 53 apply as of the implementation date, except that, for the purposes of section 34 or 35 of the Excise Act, 2001, a tobacco product may, on or after the implementation date but before April 2011, be entered into the duty-paid market or be released under the Customs Act for entry into the duty-paid market, as the case may be, if it is stamped in one of the following manners: (a) in accordance with the rules applicable under the Excise Act, 2001 as those rules read on the day before the day on which this Act receives Royal Assent;
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(b) in accordance with the rules applicable under the Excise Act, 2001 as those rules read on the implementation date or as they are amended from time to time after that date; or (c) in the manner described in paragraphs (a) and (b). Effect — paragraph (2)(a)
(3) If a tobacco product is stamped in the manner described in paragraph (2)(a), the rules applicable under the Excise Act, 2001 as those rules read on the day before the day on which this Act receives Royal Assent apply in respect of the tobacco product.
Effect — paragraph (2)(b) or (c)
(4) If a tobacco product is stamped in the manner described in paragraph (2)(b) or (c), the rules applicable under the Excise Act, 2001 as those rules read on the implementation date, or as they are amended from time to time after that date, apply in respect of the tobacco product.
R.S., c. E-15
EXCISE TAX ACT
1990, c. 45, s. 12(1)
55. (1) Paragraph (l) of the definition “financial service” in subsection 123(1) of the Excise Tax Act is replaced by the following: (l) the agreeing to provide, or the arranging for, a service that is (i) referred to in any of paragraphs (a) to (i), and (ii) not referred to in any of paragraphs (n) to (t), or (2) The definition “financial service” in subsection 123(1) of the Act is amended by adding the following after paragraph (q): (q.1) an asset management service, (3) The definition “financial service” in subsection 123(1) of the Act is amended by adding the following after paragraph (r.2): (r.3) a service (other than a prescribed service) of managing credit that is in respect of credit cards, charge cards, credit accounts, charge accounts, loan accounts or accounts in
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respect of any advance and is provided to a person granting, or potentially granting, credit in respect of those cards or accounts, including a service provided to the person of (i) checking, evaluating or authorizing credit, (ii) making decisions on behalf of the person in relation to a grant, or an application for a grant, of credit, (iii) creating or maintaining records for the person in relation to a grant, or an application for a grant, of credit or in relation to the cards or accounts, or (iv) monitoring another person’s payment record or dealing with payments made, or to be made, by the other person, (r.4) a service (other than a prescribed service) that is preparatory to the provision or the potential provision of a service referred to in any of paragraphs (a) to (i) and (l), or that is provided in conjunction with a service referred to in any of those paragraphs, and that is (i) a service of collecting, collating or providing information, or (ii) a market research, product design, document preparation, document processing, customer assistance, promotional or advertising service or a similar service, (r.5) property (other than a financial instrument or prescribed property) that is delivered or made available to a person in conjunction with the rendering by the person of a service referred to in any of paragraphs (a) to (i) and (l), (4) Subsection 123(1) of the Act is amended by adding the following in alphabetical order: “asset management service” « service de gestion des actifs »
“asset management service” means a service (other than a prescribed service) rendered by a particular person in respect of the assets or liabilities of another person that is a service of
Emploi et croissa (a) managing or administering the assets or liabilities, irrespective of the level of discretionary authority the particular person has to manage some or all of the assets or liabilities, (b) providing research, analysis, advice or reports in respect of the assets or liabilities, (c) determining which assets or liabilities are to be acquired or disposed of, or (d) acting to realize performance targets or other objectives in respect of the assets or liabilities;
“management or administrative service” « service de gestion ou d’administration »
“management or administrative service” includes an asset management service;
(5) Subsections (1) to (4) are deemed to have come into force on December 17, 1990, except that, for the purposes of Part IX of the Act, other than Division IV of that Part, those subsections do not apply in respect of a service rendered under an agreement, evidenced in writing, for a supply if (a) all of the consideration for the supply became due or was paid on or before December 14, 2009; (b) the supplier did not, on or before December 14, 2009, charge, collect or remit any amount as or on account of tax under Part IX of the Act in respect of the supply; and (c) the supplier did not, on or before December 14, 2009, charge, collect or remit any amount as or on account of tax under Part IX of the Act in respect of any other supply that is made under the agreement and that includes the provision of a service referred to in any of paragraphs (q), (q.1) and (r.3) to (r.5) of the definition “financial service” in subsection 123(1) of the Act, as amended by subsections (1) to (4).
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(6) Despite section 298 of the Act, the Minister of National Revenue may assess, reassess or make an additional assessment of any amount payable or remittable by a person in respect of a supply of a service referred to in any of paragraphs (q), (q.1) and (r.3) to (r.5) of the definition “financial service” in subsection 123(1) of the Act, as amended by subsections (2) to (4), at any time on or before the later of the day that is one year after the day on which this Act is assented to and the last day of the period otherwise allowed under that section for making the assessment, reassessment or additional assessment. 1994, c. 9, s. 4(1)
56. (1) The portion of subsection 141.01(5) of the Act before paragraph (a) is replaced by the following:
Method of determining extent of use, etc.
(5) Subject to section 141.02, the methods used by a person in a fiscal year to determine
(2) Subsection (1) is deemed to have come into force on April 1, 2007. 57. (1) The Act is amended by adding the following after section 141.01: Definitions
141.02 (1) The definitions in this subsection apply in this section.
“adjusted tax credit amount” « montant de crédit de taxe rajusté »
“adjusted tax credit amount” means the amount determined, for a fiscal year of a person, by the formula A × 365/B where A is the tax credit amount of the person for the fiscal year; and B is the number of days in the fiscal year.
“adjusted total tax amount” « montant total de taxe rajusté »
“adjusted total tax amount” means the amount determined, for a fiscal year of a person, by the formula A × 365/B
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2010 where
A is the total tax amount of the person for the fiscal year; and B is the number of days in the fiscal year. “business input” « intrant d’entreprise »
“direct attribution method” « méthode d’attribution directe »
“direct input” « intrant direct »
“business input” means an excluded input, an exclusive input or a residual input. “direct attribution method” means a method, conforming to criteria, rules, terms and conditions specified by the Minister, of determining in the most direct manner the operative extent and the procurative extent of property or a service. “direct input” means property or a service, other than (a) an excluded input; (b) an exclusive input; or (c) a non-attributable input.
“excluded input” « intrant exclu »
“excluded input” of a person means (a) property that is for use by the person as capital property; (b) property or a service that is acquired, imported or brought into a participating province by the person for use as an improvement to property described in paragraph (a); or (c) a prescribed property or service.
“exclusive input” « intrant exclusif »
“non-attributable input” « intrant non attribuable »
“exclusive input” of a person means property or a service (other than an excluded input) that is acquired, imported or brought into a participating province by the person for consumption or use directly and exclusively for the purpose of making taxable supplies for consideration or directly and exclusively for purposes other than making taxable supplies for consideration. “non-attributable input” of a person means property or a service that is (a) not an excluded input or an exclusive input of the person; (b) acquired, imported or brought into a participating province by the person; and (c) not attributable to the making of any particular supply by the person.
34 “operative extent” « mesure d’utilisation »
“procurative extent” « mesure d’acquisition »
“qualifying institution” « institution admissible »
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“operative extent” of property or a service means, as the case may be, the extent to which the consumption or use of the property or service is for the purpose of making taxable supplies for consideration or the extent to which the consumption or use of the property or service is for purposes other than making taxable supplies for consideration. “procurative extent” of property or a service means, as the case may be, the extent to which the property or service is acquired, imported or brought into a participating province for the purpose of making taxable supplies for consideration or the extent to which the property or service is acquired, imported or brought into a participating province for purposes other than making taxable supplies for consideration. “qualifying institution” for a particular fiscal year means a person that (a) is a financial institution of a prescribed class throughout the particular fiscal year of the person; and (b) has two fiscal years immediately preceding the particular fiscal year and, for each of those two fiscal years, (i) the adjusted tax credit amount of the person equals or exceeds the prescribed amount for that prescribed class for the particular fiscal year, and (ii) the tax credit rate of the person equals or exceeds the prescribed percentage for that prescribed class for the particular fiscal year.
“requested information” « renseignement demandé »
“requested information” means any information, additional information or document in respect of an application made by a person under subsection (18) that the Minister requests in writing from the person.
“residual input” « intrant résiduel »
“residual input” means a direct input or a nonattributable input.
“residual input tax amount” « montant de taxe pour intrant résiduel »
“residual input tax amount” of a person for a fiscal year means (a) if the person is a selected listed financial institution at any time in the fiscal year, an amount of tax under any of subsection 165(1)
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“specified method” « méthode déterminée »
“tax credit amount” « montant de crédit de taxe »
“specified method” means a method, conforming to criteria, rules, terms and conditions specified by the Minister, of determining the operative extent and the procurative extent of property or a service. “tax credit amount” of a person for a fiscal year of the person means (a) if the person has made an election under subsection (9) in respect of the fiscal year, the total of all amounts each of which is an input tax credit for the fiscal year in respect of a residual input tax amount of the person for the fiscal year that the person would, in the absence of that subsection, be entitled to claim under this Part; (b) if the person is a qualifying institution for the fiscal year, has not made an election under subsection (7) or (27) in respect of the fiscal year and has not received an authorization from the Minister to use for the fiscal year the particular methods set out in an application made under subsection (18), the total of all amounts each of which is an input tax credit for the fiscal year in respect of a residual input tax amount of the person for the fiscal year that the person would, if the person were not a qualifying institution for the fiscal year and did not make an election under subsection (9) in respect of the fiscal year, be entitled to claim under this Part; and
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(c) in any other case, the total of all amounts each of which is an input tax credit for the fiscal year in respect of a residual input tax amount of the person for the fiscal year that the person is entitled to claim under this Part. “tax credit rate” « taux de crédit de taxe »
“tax credit rate” of a person for a fiscal year of the person means the quotient, expressed as a percentage, determined by dividing the tax credit amount of the person for the fiscal year by the total tax amount of the person for the fiscal year.
“total tax amount” « montant total de taxe »
“total tax amount” of a person for a fiscal year of the person means the total of all amounts each of which is a residual input tax amount of the person for the fiscal year.
Meaning of “consideration”
(2) In this section, “consideration” does not include nominal consideration.
Financial institution throughout a year
(3) For the purposes of this section, a person is a financial institution of a prescribed class throughout a particular fiscal year of the person if the person is a financial institution of that class at any time in the particular fiscal year.
Mergers and amalgamations
(4) If two or more corporations (each of which is referred to in this subsection as a “predecessor”) are merged or amalgamated to form one corporation (in this subsection referred to as the “new corporation”), otherwise than as the result of the acquisition of property of one corporation by another corporation pursuant to the purchase of the property by the other corporation or as the result of the distribution of the property to the other corporation on the winding-up of the corporation, despite section 271 and for the purposes of determining the tax
Emploi et croissa credit amount and the tax credit rate of the new corporation for a fiscal year of the new corporation, the following rules apply: (a) the new corporation is deemed to have had two fiscal years, each of 365 days, immediately preceding the first fiscal year of the new corporation; (b) the tax credit amount of the new corporation for the fiscal year of the new corporation (in this subsection referred to as the “prior year of the new corporation”) immediately preceding the first fiscal year of the new corporation is deemed to be equal to the total of all amounts each of which is the adjusted tax credit amount of a predecessor for the last fiscal year, if any, of the predecessor (in this subsection referred to as the “prior year of the predecessor”) ending before the time of the merger or amalgamation otherwise than as a result of the merger or amalgamation; (c) the tax credit amount of the new corporation for the fiscal year of the new corporation (in this subsection referred to as the “second prior year of the new corporation”) immediately preceding the prior year of the new corporation is deemed to be equal to the total of all amounts each of which is the adjusted tax credit amount of a predecessor for the fiscal year, if any, of the predecessor (in this subsection referred to as the “second prior year of the predecessor”) immediately preceding the prior year of the predecessor; (d) the total tax amount of the new corporation for the prior year of the new corporation is deemed to be the total of all amounts, each of which is the adjusted total tax amount of a predecessor for the prior year of the predecessor, if any; and (e) the total tax amount of the new corporation for the second prior year of the new corporation is deemed to be the total of all amounts, each of which is the adjusted total tax amount of a predecessor for the second prior year of the predecessor, if any.
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Winding-up
(5) If at any time a particular corporation is wound up and not less than 90% of the issued shares of each class of the capital stock of the particular corporation were, immediately before that time, owned by another corporation, despite section 272 and for the purposes of determining the tax credit amount and the tax credit rate of the other corporation for a fiscal year of the other corporation, the following rules apply:
Jobs and Econ
(a) the tax credit amount of the other corporation for the fiscal year of the other corporation (in this subsection referred to as the “specified year of the other corporation”) that includes the day on which the particular corporation is wound up is deemed to be equal to the total of (i) the amount that would, if this subsection did not apply to the winding-up of the particular corporation, be the adjusted tax credit amount of the other corporation for the specified year of the other corporation, and (ii) the amount that is the adjusted tax credit amount of the particular corporation for the last fiscal year, if any, of the particular corporation (in this subsection referred to as the “prior year of the particular corporation”) ending before the day on which the particular corporation is wound up; (b) the tax credit amount of the other corporation for the fiscal year, if any, of the other corporation (in this subsection referred to as the “prior year of the other corporation”) immediately preceding the specified year of the other corporation is deemed to be equal to the total of (i) the amount that would, if this subsection did not apply to the winding-up of the particular corporation, be the adjusted tax credit amount of the other corporation for the prior year of the other corporation, and (ii) the amount that is the adjusted tax credit amount of the particular corporation for the fiscal year, if any, of the particular corporation (in this subsection referred to
Emploi et croissa as the “second prior year of the particular corporation”) immediately preceding the prior year of the particular corporation; (c) the total tax amount of the other corporation for the specified year of the other corporation is deemed to be the total of (i) the amount that would, if this subsection did not apply to the winding-up of the particular corporation, be the adjusted total tax amount of the other corporation for the specified year of the other corporation, and (ii) the amount that is the adjusted total tax amount of the particular corporation for the prior year of the particular corporation, if any; and (d) the total tax amount of the other corporation for the prior year of the other corporation, if any, is deemed to be the total of (i) the amount that would, if this subsection did not apply to the winding-up of the particular corporation, be the adjusted total tax amount of the other corporation for the prior year of the other corporation, and (ii) the amount that is the adjusted total tax amount of the particular corporation for the second prior year of the particular corporation, if any.
Allocation of exclusive inputs
(6) For the purposes of this Part, the following rules apply in respect of any exclusive input of a financial institution: (a) if the exclusive input is acquired, imported or brought into a participating province for consumption or use directly and exclusively for the purpose of making taxable supplies for consideration, the financial institution is deemed to have acquired, imported or brought into the participating province the exclusive input for consumption or use exclusively in the course of commercial activities of the financial institution; and (b) if the exclusive input is acquired, imported or brought into a participating province for consumption or use directly and exclusively for purposes other than making taxable supplies for consideration, the financial institution is deemed to have acquired,
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imported or brought into the participating province the exclusive input for consumption or use exclusively otherwise than in the course of commercial activities of the financial institution. Residual inputs — election for transitional year
(7) If a person is a qualifying institution for the first fiscal year of the person that begins after March 2007, the Minister has assessed the net tax of the person for any reporting period included in any of the four fiscal years immediately preceding that first fiscal year, the notice of assessment, subsequent assessment or reassessment in respect of the reporting period does not reflect any inappropriateness in respect of the methods used by the person for the purpose of determining input tax credits in respect of residual inputs of the person and those methods would be fair and reasonable if used in the same manner by the person in that first fiscal year for the purposes of determining the operative extent and the procurative extent of all residual inputs of the person, the person may elect to use those methods in that same manner for that first fiscal year to determine, for the purposes of this Part, the operative extent and the procurative extent of all residual inputs of the person.
Residual inputs — prescribed extent of use
(8) For the purposes of this Part, if a financial institution is a qualifying institution for a fiscal year of the financial institution and has not made an election under subsection (7) for the fiscal year, the following rules apply for the fiscal year in respect of each residual input of the financial institution: (a) the extent to which the consumption or use of the residual input is for the purpose of making taxable supplies for consideration is deemed to be equal to the prescribed percentage for the prescribed class of the financial institution; (b) the extent to which the consumption or use of the residual input is for purposes other than making taxable supplies for consideration is deemed to be equal to the difference between 100% and the prescribed percentage for the prescribed class of the financial institution;
Emploi et croissa (c) the extent to which the residual input is acquired, imported or brought into a participating province by the qualifying institution for the purpose of making taxable supplies for consideration is deemed to be equal to the prescribed percentage for the prescribed class of the financial institution; (d) the extent to which the residual input is acquired, imported or brought into a participating province by the qualifying institution for purposes other than making taxable supplies for consideration is deemed to be equal to the difference between 100% and the prescribed percentage for the prescribed class of the financial institution; and (e) for the purpose of determining an input tax credit in respect of the residual input, the description of B in the formula in subsection 169(1) is deemed to be equal to the prescribed percentage for the prescribed class of the financial institution.
Residual inputs — elected extent of use
(9) For the purposes of this Part, if a person is a financial institution (other than a qualifying institution) of a prescribed class throughout a particular fiscal year of the person and the tax credit rate of the person for each of the two fiscal years immediately preceding the particular fiscal year equals or exceeds the prescribed percentage for the prescribed class of financial institutions of the person for the particular fiscal year, the person may elect to have the following rules apply for the particular fiscal year in respect of each residual input of the person: (a) the extent to which the consumption or use of the residual input is for the purpose of making taxable supplies for consideration is deemed to be equal to the prescribed percentage for the prescribed class; (b) the extent to which the consumption or use of the residual input is for purposes other than making taxable supplies for consideration is deemed to be equal to the difference between 100% and the prescribed percentage for the prescribed class; (c) the extent to which the residual input is acquired, imported or brought into a participating province by the person for the purpose
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of making taxable supplies for consideration is deemed to be equal to the prescribed percentage for the prescribed class; (d) the extent to which the residual input is acquired, imported or brought into a participating province by the person for purposes other than making taxable supplies for consideration is deemed to be equal to the difference between 100% and the prescribed percentage for the prescribed class; and (e) for the purpose of determining an input tax credit in respect of the residual input, the description of B in the formula in subsection 169(1) is deemed to be equal to the prescribed percentage for the prescribed class. Non-attributable inputs — specified method
(10) For the purposes of this Part, if a financial institution (other than a qualifying institution) has not made an election under subsection (9) in respect of a fiscal year of the financial institution, the financial institution shall use a specified method to determine for the fiscal year the operative extent and the procurative extent of each non-attributable input of the financial institution.
Non-attributable inputs — exception
(11) For the purposes of this Part, despite subsection (10), if a financial institution (other than a qualifying institution) has not made an election under subsection (9) in respect of a fiscal year of the financial institution and no specified method applies during the fiscal year to a particular non-attributable input of the financial institution, the financial institution shall use another attribution method to determine for the fiscal year the operative extent and the procurative extent of the particular nonattributable input.
Direct inputs — direct attribution method
(12) For the purposes of this Part, if a financial institution (other than a qualifying institution) has not made an election under subsection (9) in respect of a fiscal year of the financial institution, the financial institution shall use a direct attribution method to determine for the fiscal year the operative extent and the procurative extent of each direct input of the financial institution.
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2010 Direct inputs — exception
(13) For the purposes of this Part, despite subsection (12), if a financial institution (other than a qualifying institution) has not made an election under subsection (9) in respect of a fiscal year of the financial institution and no direct attribution method applies during the fiscal year to a particular direct input of the financial institution, the financial institution shall use another attribution method to determine in the most direct manner for the fiscal year the operative extent and the procurative extent of the particular direct input.
Excluded inputs — specified method
(14) For the purposes of this Part, a financial institution shall use a specified method to determine for a fiscal year of the financial institution the operative extent and the procurative extent of each excluded input of the financial institution.
Excluded inputs — exception
(15) For the purposes of this Part, despite subsection (14), if no specified method applies during a fiscal year of a financial institution to a particular excluded input of the financial institution, the financial institution shall use another attribution method to determine for the fiscal year the operative extent and the procurative extent of the particular excluded input.
Attribution method — conditions
(16) Any method that a financial institution is required in accordance with any of subsections (10) to (15) to use in respect of a fiscal year of the financial institution shall be (a) fair and reasonable; (b) used consistently by the financial institution throughout the fiscal year; and (c) subject to subsection (17), determined by the financial institution no later than the day on or before which the financial institution is required to file a return under Division V with the Minister for the first reporting period in the fiscal year.
Alteration or substitution of method
(17) Any method used by a financial institution under any of subsections (10) to (15) in respect of a fiscal year of the financial institution shall not, after the day on or before which the financial institution is required to file a return under Division V with the Minister for the first reporting period in the fiscal year, be
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altered or be substituted with another method by the financial institution for the fiscal year without the written consent of the Minister. Application for pre-approved method
(18) A person that is, or is reasonably expected to be, a qualifying institution for a fiscal year may apply to the Minister to use particular methods to determine for the fiscal year the operative extent and the procurative extent of each business input of the person.
Form and manner of application
(19) An application made by a person under subsection (18) shall (a) be made in prescribed form containing prescribed information, including the particular method to be used in respect of each direct input, excluded input, exclusive input and non-attributable input of the person; and (b) be filed by the person with the Minister in prescribed manner on or before (i) the day that is 180 days before the first day of the fiscal year to which the application applies, or (ii) any later day that the Minister may allow on application by the person.
Authorization
(20) On receipt of an application made under subsection (18), the Minister shall (a) consider the application and authorize or deny the use of the particular methods; and (b) notify the person in writing of the decision on or before (i) the later of (A) the day that is 180 days after that receipt, and (B) the day that is 180 days before the first day of the fiscal year to which the application applies, or (ii) any later day that the Minister may specify, if the day is set out in a written application filed by the person with the Minister.
2010 Effect of authorization
Emploi et croissa (21) For the purposes of this Part, if the Minister under subsection (20) authorizes the use of particular methods for a fiscal year of the person, (a) the particular methods shall be used consistently, and as indicated in the application, by the person throughout the fiscal year to determine the operative extent and the procurative extent of each business input of the person; and (b) subsections (6) to (15) and (27) do not apply, for the fiscal year, in respect of any business input of the person.
Reasons for denial
(22) If the Minister denies under subsection (20) the use of the particular methods specified in an application made under subsection (18) and the person has, in respect of the application, complied with the requirements set out in subsection (19) and provided to the Minister all requested information within any reasonable time set out in the written notice requesting the information, the Minister shall notify the person in writing of the reasons for not authorizing the use of the particular methods on or before the particular day that is the later of (a) the day that is 60 days after the day the person last provided any requested information to the Minister; and (b) the day on or before which the notification of the decision is required to be given to the person under subsection (20).
Revocation
(23) An authorization granted under subsection (20) to a person in respect of a fiscal year of the person ceases to have effect on the first day of the fiscal year and, for the purposes of this Part, is deemed never to have been granted, if (a) the Minister revokes the authorization and sends a notice of revocation to the person on or before the day that is 60 days before the day that is the first day of the fiscal year; (b) the person files in prescribed manner with the Minister a notice of revocation in prescribed form containing prescribed information on or before the day that is 60 days before the first day of the fiscal year; or
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(c) the person is not a qualifying institution for the fiscal year.
Application to be designated a qualifying institution
(24) A person may apply to the Minister, in prescribed form containing prescribed information, to be designated as a qualifying institution for a particular fiscal year of the person if (a) the person is, or is reasonably expected to be, a financial institution of a prescribed class throughout the particular fiscal year; and (b) it is the case that (i) the person has two fiscal years immediately preceding the particular fiscal year and, for each of those two fiscal years, the adjusted tax credit amount of the person equals or exceeds, or is reasonably expected to equal or exceed, the prescribed amount for that class for the particular fiscal year, or (ii) an authorization under subsection (20) for the particular fiscal year has ceased to have effect only because of the application of paragraph (23)(c).
Effect of approval
(25) On receipt of the application made under subsection (24) in respect of a fiscal year of a person, the Minister shall, with all due dispatch, consider the application and notify the person in writing of the decision and, if the Minister makes the designation, the person is deemed for the purposes of subsection (18) and paragraph (23)(c) to be a qualifying institution for the fiscal year.
Revocation of designation as a qualifying institution
(26) A designation made under subsection (25) in respect of a fiscal year of a person ceases to have effect on the first day of the fiscal year and is deemed, for the purposes of this Part, to have never been granted if, on or before the day that is 60 days before the first day of the fiscal year (a) the Minister revokes the designation and sends a notice of revocation to the person; or
Emploi et croissa (b) the person files in prescribed manner with the Minister a notice of revocation of the designation in prescribed form containing prescribed information.
Qualifying institution’s own methods
(27) Despite subsections (6), (8), (14) and (15), a qualifying institution for a fiscal year may elect to use particular methods for the fiscal year to determine, for the purposes of this Part, the operative extent and the procurative extent of every business input of the qualifying institution, if (a) the particular methods were specified in an application filed under subsection (18) by the qualifying institution for the fiscal year that (i) complies with the requirements set out in subsection (19), and (ii) is the last such application filed by the qualifying institution for the fiscal year; (b) the use of the particular methods was not authorized by the Minister under paragraph (20)(a); (c) the qualifying institution has provided all requested information within the time set out in the written notice requesting the information; (d) the Minister has not complied with the notification requirements set out in paragraph (20)(b) and subsection (22) in respect of the application; and (e) if the Minister has provided modifications in writing to the particular methods on or before the particular day described in subsection (22), the particular methods with those modifications (in this section referred to as the “modified methods”) are not fair and reasonable for the purpose of determining the operative extent and the procurative extent of the business inputs of the qualifying institution for the fiscal year.
Elected method — conditions
(28) If a qualifying institution makes an election under subsection (27), the particular methods shall be
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(a) fair and reasonable for the purpose of determining the operative extent and the procurative extent of the business inputs of the qualifying institution for the fiscal year; and (b) used consistently, and as indicated in the application referred to in paragraph (27)(a), by the qualifying institution throughout the fiscal year. Making of election
(29) An election under subsection (7), (9) or (27) in respect of a fiscal year of a person shall be (a) made in prescribed form containing prescribed information; and (b) filed by the person with the Minister in prescribed manner on or before the day that is (i) the day on or before which a return under Division V for the first reporting period of the fiscal year is required to be filed, or (ii) any later day that the Minister may allow on application by the person.
Revocation of election
(30) An election under subsection (7), (9) or (27) in respect of a fiscal year of a person ceases to have effect on the first day of the fiscal year and is deemed, for the purposes of this Part, never to have been made if (a) a notice of revocation of the election in prescribed form containing prescribed information is filed in prescribed manner with the Minister on or before the day on or before which the return under Division V is required to be filed for the first reporting period of the fiscal year; (b) in the case of an election under subsection (7) to use methods for the fiscal year to determine, for the purposes of this Part, the operative extent and the procurative extent of all residual inputs of the person, (i) the person is not a qualifying institution for the fiscal year, or (ii) the methods are
Emploi et croissa (A) not fair and reasonable for the purpose of determining the operative extent and the procurative extent of those residual inputs, or (B) not used consistently by the financial institution throughout the fiscal year; (c) in the case of an election made under subsection (9), (i) the person is not a financial institution of a prescribed class throughout the fiscal year, or (ii) the tax credit rate of the person for each of the two fiscal years immediately preceding the fiscal year does not equal or exceed the prescribed percentage for the prescribed class of financial institutions of the person for the fiscal year; or (d) in the case of an election made under subsection (27), (i) any of the requirements to make the election that are set out in that subsection is not met, or (ii) the particular methods referred to in that subsection are (A) not fair and reasonable for the purpose of determining the operative extent and the procurative extent of the business inputs of the qualifying institution for the fiscal year, or (B) not used consistently, or as indicated in the application referred to in paragraph (27)(a), by the financial institution throughout the fiscal year.
Burden of proof
(31) If a financial institution appeals an assessment under this Part for a reporting period in a fiscal year of the financial institution in respect of an issue relating to the determination, under any of subsections (7), (10) to (15), (21) and (27), of the operative extent or the procurative extent of a business input, the financial institution must establish on a balance of probabilities in any court proceeding relating to the assessment that
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(a) in the case of the determination, under subsection (7), of the operative extent or the procurative extent of the business input, the methods used by the financial institution to determine the operative extent and the procurative extent of all residual inputs of the financial institution for the fiscal year were (i) fair and reasonable, and (ii) used consistently by the financial institution throughout the fiscal year; (b) in the case of the determination, under subsection (10) or (14), of the operative extent or the procurative extent of the business input, the financial institution used a specified method consistently throughout the fiscal year to determine that extent; (c) in the case of the determination, under subsection (11) or (15), of the operative extent or the procurative extent of the business input, no specified method applied to the business input and the other attribution method used by the financial institution to determine that extent was fair and reasonable and used consistently by the financial institution throughout the fiscal year; (d) in the case of the determination, under subsection (12), of the operative extent or the procurative extent of the business input, the financial institution used a direct attribution method consistently throughout the fiscal year to determine that extent; (e) in the case of the determination, under subsection (13), of the operative extent or the procurative extent of the business input, no direct attribution method applied to the business input and the other attribution method used by the financial institution to determine that extent was fair and reasonable and used consistently by the financial institution throughout the fiscal year; and (f) in the case of the determination, under subsection (21), of the operative extent or the procurative extent of the business input, the particular methods referred to in that subsec2010
Emploi et croissa tion were used consistently, and as indicated in the application referred to in that subsection, throughout the fiscal year. (g) in the case of the determination, under subsection (27), of the operative extent or the procurative extent of the business input, (i) the methods specified by the financial institution in the application referred to in that subsection were (A) fair and reasonable, and (B) used consistently, and as indicated in the application referred to in paragraph (27)(a), by the financial institution throughout the fiscal year, and (ii) if the Minister has provided modifications to those methods as described in paragraph (27)(e), the modified methods are not fair and reasonable for the purpose of determining the operative extent and the procurative extent of the business inputs of the financial institution for the fiscal year.
Ministerial direction
(32) If a financial institution is required to use a method (in this subsection referred to as the “previous method”) in accordance with any of subsections (10) to (15) in respect of a fiscal year of the financial institution, the Minister may at any time, by notice in writing, direct the financial institution to use, for the purposes of determining for the fiscal year, and any subsequent fiscal year, the operative extent and the procurative extent of each business input referred to in that subsection, another method that is fair and reasonable and, if the Minister so directs, the other method, and not the previous method, shall apply for those purposes.
Method directed by the Minister — appeals
(33) If under subsection (32) the Minister directs a financial institution to use a method in respect of a business input for a fiscal year, the Minister assesses the net tax of the financial institution for a reporting period included in the fiscal year and the financial institution appeals the assessment under this Part in respect of an issue relating to the application of that subsection,
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(a) the Minister shall establish on a balance of probabilities that the method is fair and reasonable; and (b) if the final determination of the courts is that the method is not fair and reasonable, the Minister shall not direct the financial institution under subsection (32) to use another method for the fiscal year in respect of the business input. (2) Subsections 141.02(1) to (17) and (29), (30) and (32) of the Act, as enacted by subsection (1), apply for the purpose of determining the net tax of a person for any reporting period of the person included in a fiscal year of the person beginning after March 2007, except that, for the purposes of the definition “qualifying institution” in subsection 141.02(1) of the Act and of subsection 141.02(9) of the Act, as enacted by subsection (1), paragraph (b) of that definition and subsection 141.02(9) of the Act shall be read as if subsections (1) and 56(1) had come into force on April 1, 2005. (3) Subsections 141.02(18) to (28) of the Act, as enacted by subsection (1), apply for the purpose of determining the net tax of a person for any reporting period of the person included in a fiscal year of the person beginning after March 2008. 58. (1) The Act is amended by adding the following after section 172: Pension Plans Definitions
172.1 (1) The following definitions apply in this section.
“active member” « participant actif »
“active member” has the meaning assigned by subsection 8500(1) of the Income Tax Regulations.
“employer resource” « ressource d’employeur »
“employer resource” of a person means (a) all or part of a labour activity of the person, other than the part of the labour activity consumed or used by the person in the process of creating, developing or bringing into existence property;
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(b) all or part of property or a service supplied to the person, other than the part of the property or service consumed or used by the person in the process of creating, developing or bringing into existence property; (c) all or part of property created, developed or brought into existence by the person; or (d) any combination of the items referred to in paragraphs (a) to (c). “excluded activity” « activité exclue »
“excluded activity”, in respect of a pension plan, means an activity undertaken exclusively for (a) compliance by a participating employer of the pension plan as an issuer, or prospective issuer, of securities with reporting requirements under a law of Canada or of a province in respect of the regulation of securities; (b) evaluating the feasibility or financial impact on a participating employer of the pension plan of establishing, altering or winding-up the pension plan, other than an activity that relates to the preparation of an actuarial report in respect of the plan required under a law of Canada or of a province; (c) evaluating the financial impact of the pension plan on the assets and liabilities of a participating employer of the pension plan; (d) negotiating changes to the benefits under the pension plan with a union or similar organization of employees; or (e) prescribed purposes.
“labour activity” « activité de main-d’oeuvre »
“participating employer” « employeur participant »
“labour activity” of a person means anything done by an individual who is or agrees to become an employee of the person in the course of, or in relation to, the office or employment of that individual. “participating employer” of a pension plan means an employer that has made, or is required to make, contributions to the pension plan in respect of the employer’s employees or former employees, or payments under the pension plan to the employer’s employees or former employees, and includes an employer prescribed for the
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purposes of the definition “participating employer” in subsection 147.1(1) of the Income Tax Act. “pension activity” « activité de pension »
“pension activity”, in respect of a pension plan, means an activity (other than an excluded activity) that relates to (a) the establishment, management or administration of the pension plan or a pension entity of the pension plan; or (b) the management or administration of assets in respect of the pension plan.
“pension entity” « entité de gestion »
“pension entity” of a pension plan means a person in respect of the pension plan that is (a) a person referred to in paragraph (a) of the definition “pension plan”; (b) a corporation referred to in paragraph (b) of that definition; or (c) a prescribed person.
“pension plan” « régime de pension »
“pension plan” means a registered pension plan (as defined in subsection 248(1) of the Income Tax Act) (a) that governs a person that is a trust or that is deemed to be a trust for the purposes of that Act; (b) in respect of which a corporation is (i) incorporated and operated either (A) solely for the administration of the registered pension plan, or (B) for the administration of the registered pension plan and for no other purpose other than acting as trustee of, or administering, a trust governed by a retirement compensation arrangement (as defined in subsection 248(1) of that Act), where the terms of the arrangement provide for benefits only in respect of individuals who are provided with benefits under the registered pension plan, and (ii) accepted by the Minister, under subparagraph 149(1)(o.1)(ii) of that Act, as a funding medium for the purpose of the registration of the registered pension plan; or
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(c) in respect of which a person is prescribed for the purposes of the definition “pension entity”. “provincial factor” « facteur provincial »
“provincial factor” in respect of a pension plan and a participating province, for a fiscal year of a person that is a participating employer of the pension plan, means the amount (expressed as a percentage) determined by the formula A×B where A is the tax rate for the participating province on the last day of the fiscal year; and B is (a) if the person made contributions to the pension plan during the fiscal year that may be deducted by the person under paragraph 20(1)(q) of the Income Tax Act in computing its income (in this paragraph referred to as “pension contributions”) and the number of active members of the pension plan who were employees of the person on the particular day that is the last day of the last calendar year ending on or before the last day of the fiscal year is greater than zero, the amount determined by the formula [(C/D) + (E/F)]/2 where C is the total of all pension contributions made to the pension plan by the person during the fiscal year in respect of employees of the person who were resident in the participating province on the particular day, D is the total of all pension contributions made to the pension plan by the person during the fiscal year in respect of employees of the person, E is the number of active members of the pension plan who were, on the particular day, employees of the person and resident in the participating province, and
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Excluded resource
(2) For the purposes of this section, property or a service that is supplied to a particular person that is a participating employer of a pension plan by another person is an excluded resource of the particular person in respect of the pension plan if (a) for each pension entity of the pension plan, no tax would become payable under this Part in respect of the supply if (i) the supply were made by the other person to the pension entity and not to the particular person, and (ii) the pension entity and the other person were dealing at arm’s length; and (b) where the supply is a supply of tangible personal property made outside Canada, the supply would not be an imported taxable
Emploi et croissa supply (as defined in section 217) if the particular person were a registrant not engaged exclusively in commercial activities.
Time of acquisition
(3) For the purposes of this section, if, at a particular time, a supply of property described in paragraph 142(2)(a) or (b) is made to a person who is a participating employer of a pension plan and, at a later time, tax under section 212 becomes payable by the person in respect of the property (a) the supply is deemed to have been made to the person at the later time and not at the particular time; and (b) tax is deemed to have been payable in respect of the supply at the later time.
Specified pension entity
(4) If a person is a participating employer of a pension plan and the pension plan has, (a) at all times in a fiscal year of the person, no more than one pension entity, that pension entity is the specified pension entity of the pension plan in respect of the person for the fiscal year; and (b) in the fiscal year, two or more pension entities, the person and one of those pension entities may jointly elect, in prescribed form containing prescribed information, for that pension entity to be the specified pension entity of the pension plan in respect of the person for the fiscal year.
Acquisition of property or a service for supply
(5) If a person that is a registrant and a participating employer of a pension plan acquires property or a service (in this subsection referred to as the “specified resource”) for the purpose of making a supply of all or part of the specified resource to a pension entity of the pension plan for consumption, use or supply by the pension entity in the course of pension activities in respect of the pension plan and the specified resource is not an excluded resource of the person in respect of the pension plan, the following rules apply:
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(a) for the purposes of this Part, the person is deemed to have made a taxable supply of the specified resource or part on the last day of the particular fiscal year of the person in which the person acquired the specified resource; (b) for the purposes of this Part, tax in respect of the taxable supply is deemed to have become payable on the last day of the particular fiscal year and the person is deemed to have collected that tax on that day; (c) for the purposes of this Part, the tax referred to in paragraph (b) is deemed to be equal to the amount determined by the formula A+B where A is the amount determined by the formula C×D where C is the fair market value of the specified resource or part at the time it was acquired by the person, and D is the rate set out in subsection 165(1), and B is the total of all amounts, each of which is determined for a participating province by the following formula E×F where E is the fair market value of the specified resource or part at the time it was acquired by the person, and F is the provincial factor in respect of the pension plan and the participating province for the particular fiscal year; and (d) for the purpose of determining an input tax credit of the pension entity under this Part and for the purposes of sections 232.01, 232.02 and 261.01, the pension entity is deemed
Emploi et croissa (i) to have received a supply of the specified resource or part on the last day of the particular fiscal year, (ii) to have paid tax in respect of that supply on that day equal to (A) if the pension entity is a selected listed financial institution on that day, the amount determined for A in the formula in paragraph (c) in determining the amount of tax under that paragraph, and (B) in any other case, the amount of tax determined under paragraph (c), and (iii) to have acquired the specified resource or part for consumption, use or supply in the course of its commercial activities to the same extent that the specified resource or part was acquired by the person for the purpose of making a supply of the specified resource or part to the pension entity for consumption, use or supply by the pension entity in the course of pension activities in respect of the pension plan that are commercial activities of the pension entity.
Consumption or use of employer resource for supply
(6) If a person is both a registrant and a participating employer of a pension plan at any time in a particular fiscal year of the person, the person consumes or uses at that time an employer resource of the person for the purpose of making a supply of property or a service (in this subsection referred to as the “pension supply”) to a pension entity of the pension plan for consumption, use or supply by the pension entity in the course of pension activities in respect of the pension plan, and the employer resource is not an excluded resource of the person in respect of the pension plan, the following rules apply: (a) for the purposes of this Part, the person is deemed to have made a taxable supply of the employer resource (in this subsection referred to as the “employer resource supply”) on the last day of the particular fiscal year;
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(b) for the purposes of this Part, tax in respect of the employer resource supply is deemed to have become payable on the last day of the particular fiscal year and the person is deemed to have collected that tax on that day; (c) for the purposes of this Part, the tax referred to in paragraph (b) is deemed to be equal to the amount determined by the formula A+B where A is the amount determined by the formula C×D where C is (i) if the employer resource was consumed by the person during the particular fiscal year for the purpose of making the pension supply, the product obtained when the fair market value of the employer resource at the time the person began consuming it in the particular fiscal year is multiplied by the extent to which that consumption (expressed as a percentage of the total consumption of the employer resource by the person during the particular fiscal year) occurred when the person was both a registrant and a participating employer of the pension plan, or (ii) otherwise, the product obtained when the fair market value of the use of the employer resource during the particular fiscal year as determined on the last day of the particular fiscal year is multiplied by the extent to which the employer resource was used during the particular fiscal year (expressed as a percentage of the total use of the employer resource by the person during the particular fiscal year) for the purpose of making the pension
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supply when the person was both a registrant and a participating employer of the pension plan, and D is the rate set out in subsection 165(1), and B is the total of all amounts, each of which is determined for a participating province by the following formula E×F where E is the amount determined for C, and F is the provincial factor in respect of the pension plan and the participating province for the particular fiscal year; and (d) for the purpose of determining an input tax credit of the pension entity under this Part and for the purposes of sections 232.01, 232.02 and 261.01, the pension entity is deemed (i) to have received a supply of the employer resource on the last day of the particular fiscal year, (ii) to have paid tax in respect of that supply on that day equal to (A) if the pension entity is a selected listed financial institution on that day, the amount determined for A in the formula in paragraph (c) in determining the amount of tax under that paragraph, and (B) in any other case, the amount of tax determined under paragraph (c), and (iii) to have acquired the employer resource for consumption, use or supply in the course of its commercial activities to the same extent that the property or service supplied in the pension supply was acquired by the pension entity for consumption, use or supply by the pension entity in pension activities in respect of the pension plan that are commercial activities of the pension entity.
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Consumption or use of employer resource otherwise than for supply
(7) If a person is both a registrant and a participating employer of a pension plan at any time in a particular fiscal year of the person, the person consumes or uses at that time an employer resource of the person in the course of pension activities in respect of the pension plan, the employer resource is not an excluded resource of the person in respect of the pension plan, and subsection (6) does not apply to that consumption or use, the following rules apply:
Jobs and Econ
(a) for the purposes of this Part, the person is deemed to have made a taxable supply of the employer resource (in this subsection referred to as the “employer resource supply”) on the last day of the particular fiscal year; (b) for the purposes of this Part, tax in respect of the employer resource supply is deemed to have become payable on the last day of the particular fiscal year and the person is deemed to have collected that tax on that day; (c) for the purposes of this Part, the tax referred to in paragraph (b) is deemed to be equal to the amount determined by the formula A+B where A is the amount determined by the formula C×D where C is (i) if the employer resource was consumed by the person during the particular fiscal year in the course of pension activities in respect of the pension plan, the product obtained when the fair market value of the employer resource at the time the person began consuming it in the particular fiscal year is multiplied by the extent to which that consumption (expressed as a percentage of the total consumption of the employer resource by the person during the particular fiscal
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year) occurred when the person was both a registrant and a participating employer of the pension plan, or (ii) otherwise, the product obtained when the fair market value of the use of the employer resource during the particular fiscal year as determined on the last day of the particular fiscal year is multiplied by the extent to which the employer resource was used during the particular fiscal year (expressed as a percentage of the total use of the employer resource by the person during the particular fiscal year) in the course of pension activities in respect of the pension plan when the person was both a registrant and a participating employer of the pension plan, and D is the rate set out in subsection 165(1), and B is the total of all amounts, each of which is determined for a participating province by the following formula E×F where E is the amount determined for C, and F is the provincial factor in respect of the pension plan and the participating province for the particular fiscal year; and (d) for the purposes of determining, under section 261.01, an eligible amount of the specified pension entity of the pension plan in respect of the person for the particular fiscal year, the specified pension entity is deemed to have paid tax on the last day of the particular fiscal year equal to (i) if the specified pension entity is a selected listed financial institution on that day, the amount determined for A in the formula in paragraph (c) in determining the amount of tax under that paragraph, and
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(ii) in any other case, the amount of tax determined under paragraph (c). Provision of information to pension entity
(8) If subsection (5), (6) or (7) applies in respect of a person that is a participating employer of a pension plan, the person shall, in prescribed form and in a manner satisfactory to the Minister, provide prescribed information to the pension entity of the pension plan that is deemed to have paid tax under that subsection.
(2) Subsection (1) applies in respect of fiscal years of a person beginning on or after September 23, 2009, except that (a) if a person that is a participating employer of a pension plan acquires property or a service for the purpose of making a supply of all or part of the property or service to a pension entity of the pension plan but not for the purpose of making a supply of any part of the property or service to a pension entity of the pension plan after June 2010, the amount determined for B in the formula in paragraph 172.1(5)(c) of the Act, as enacted by subsection (1), for Ontario or British Columbia in respect of a taxable supply of all or part of the property or service that is deemed to have been made under paragraph 172.1(5)(a) of the Act, as enacted by subsection (1), shall be zero; and (b) if a fiscal year of a person begins before July 1, 2010 and ends on or after that day, the third formula in paragraph 172.1(6)(c) of the Act and the descriptions in that formula, as enacted by subsection (1), and the third formula in paragraph 172.1(7)(c) of the Act and the descriptions in that formula, as enacted by subsection (1), shall be read as follows: E × F × G/H where E is the amount determined for C,
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F is the provincial factor in respect of the pension plan and the participating province for the particular fiscal year, G is (i) if the participating province is Ontario or British Columbia, the number of days in the particular fiscal year that are after June 2010, and (ii) in any other case, the number of days in the particular fiscal year, and H is the number of days in the particular fiscal year; and 59. (1) The Act is amended by adding the following after section 177: Network Sellers Definitions
“network commission” « commission de réseau »
178. (1) The following definitions apply in this section and section 236.5. “network commission” of a sales representative of a person means an amount that is payable by the person to the sales representative under an agreement between the person and the sales representative (a) as consideration for a supply of a service, made by the sales representative, of arranging for the sale of a select product or a sales aid of the person; or (b) solely as a consequence of a supply of a service, made by any sales representative of the person described in paragraph (a) of the definition “sales representative”, of arranging for the sale of a select product or a sales aid of the person.
“network seller” « vendeur de réseau »
“network seller” means a person notified by the Minister of an approval under subsection (5).
“sales aid” « matériel de promotion »
“sales aid” of a particular person that is a network seller or a sales representative of a network seller means property (other than a select product of any person) that
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(a) is a customized business form or a sample, demonstration kit, promotional or instructional item, catalogue or similar personal property acquired, manufactured or produced by the particular person for sale to assist in the promotion, sale or distribution of select products of the network seller; and (b) is neither sold nor held for sale by the particular person to a sales representative of the network seller that is acquiring the property for use as capital property. “sales representative” « représentant commercial »
“sales representative” of a particular person means (a) a person (other than a person that is an employee of the particular person or that acts, in the course of its commercial activities, as agent in making supplies of select products of the particular person on behalf of the particular person) that (i) has a contractual right under an agreement with the particular person to arrange for the sale of select products of the particular person, and (ii) does not arrange for the sale of select products of the particular person primarily at a fixed place of business of the person other than a private residence; or (b) a person (other than a person that is an employee of the particular person or that acts, in the course of its commercial activities, as agent in making supplies of select products of the particular person on behalf of the particular person) that has a contractual right under an agreement with the particular person to be paid an amount by the particular person solely as a consequence of a supply of a service, made by a person described in paragraph (a), of arranging for the sale of a select product or a sales aid of the particular person.
“select product” « produit déterminé »
“select product” of a person means tangible personal property that (a) is acquired, manufactured or produced by the person for supply by the person for consideration, otherwise than as used property, in the ordinary course of business of the person; and
Emploi et croissa (b) is ordinarily acquired by consumers by way of sale.
Qualifying network seller
(2) For the purposes of this section, a person is a qualifying network seller throughout a fiscal year of the person if (a) all or substantially all of the total of all consideration, included in determining the income from a business of the person for the fiscal year, for supplies made in Canada by way of sale is for (i) supplies of select products of the person, made by the person, by way of sales that are arranged for by sales representatives of the person (in this subsection referred to as “select supplies”), or (ii) where the person is a direct seller (as defined in section 178.1), supplies by way of sale of exclusive products (as defined in that section) of the person made by the person to independent sales contractors (as defined in that section) of the person at any time when an approval of the Minister for the application of section 178.3 to the person is in effect; (b) all or substantially all of the total of all consideration, included in determining the income from a business of the person for the fiscal year, for select supplies is for select supplies made to consumers; (c) all or substantially all of the sales representatives of the person to which network commissions become payable by the person during the fiscal year are sales
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representatives, each having a total of such network commissions of not more than the amount determined by the formula $30,000 × A/365 where A is the number of days in the fiscal year; and (d) the person and each of its sales representatives have made joint elections under subsection (4). Application
(3) A person may apply to the Minister, in prescribed form containing prescribed information, to have subsection (7) apply to the person and each of its sales representatives, beginning on the first day of a fiscal year of the person, if the person (a) is registered under Subdivision d of Division V and is reasonably expected to be, throughout the fiscal year, (i) engaged exclusively in commercial activities, and (ii) a qualifying network seller; and (b) files the application in prescribed manner before (i) in the case of a person that has never made a supply of a select product of the person, the day in the fiscal year on which the person first makes a supply of a select product of the person, and (ii) in any other case, the first day of the fiscal year.
Joint election
(4) If subsection (3) applies to a person or a person is a network seller, the person and a sales representative of the person may jointly elect, in prescribed form containing prescribed information, to have subsection (7) apply to them at all times when an approval granted under subsection (5) is in effect.
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Approval or refusal
(5) If the Minister receives an application under subsection (3) from a person, the Minister may approve the application of subsection (7) to the person and each of its sales representatives beginning on the first day of a fiscal year of the person or may refuse the application and the Minister shall notify the person in writing of the approval and the day on which it becomes effective or of the refusal.
Evidence of joint elections
(6) Every network seller shall maintain evidence satisfactory to the Minister that the network seller and each of its sales representatives have made joint elections under subsection (4).
Effect of approval
(7) For the purposes of this Part, if, at any time when an approval granted under subsection (5) in respect of a network seller and each of its sales representatives is in effect, a network commission becomes payable by the network seller to a sales representative of the network seller as consideration for a taxable supply (other than a zero-rated supply) of a service made in Canada by the sales representative, the taxable supply is deemed not to be a supply.
Sales aids
(8) For the purposes of this Part, if, at any time when an approval granted under subsection (5) in respect of a network seller and each of its sales representatives is in effect, the network seller or a sales representative of the network seller makes in Canada a taxable supply by way of sale of a sales aid of the network seller or of the sales representative, as the case may be, to a sales representative of the network seller, the taxable supply is deemed not to be a supply.
Host gifts
(9) For the purposes of this Part, if, at any time when an approval granted under subsection (5) in respect of a network seller and each of its sales representatives is in effect, the network seller or a particular sales representative of the network seller makes a supply of property to an individual as consideration for the supply by the individual of a service of acting as a host at an occasion that is organized for the purpose of
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allowing a sales representative of the network seller or the particular sales representative, as the case may be, to promote, or to arrange for the sale of, select products of the network seller, the individual is deemed not to have made a supply of the service and the service is deemed not to be consideration for a supply.
Notification of refusal
(10) If the Minister notifies a person of a refusal under subsection (5) at any time when the person and a sales representative of the person have made a joint election under subsection (4), the person shall forthwith notify the sales representative of the refusal in a manner satisfactory to the Minister.
Revocation by Minister
(11) The Minister may revoke an approval granted under subsection (5) in respect of a network seller and each of its sales representatives, effective on the first day of a fiscal year of the network seller, if, before that day, the Minister notifies the network seller of the revocation and the day on which it becomes effective and if (a) the network seller fails to comply with any provision of this Part; (b) it can reasonably be expected that the network seller will not be a qualifying network seller throughout the fiscal year; (c) the network seller requests in writing that the Minister revoke the approval; (d) the notice referred to in subsection 242(1) has been given to, or the request referred to in subsection 242(2) has been filed by, the network seller; or (e) it can reasonably be expected that the network seller will not be engaged exclusively in commercial activities throughout the fiscal year.
Deemed revocation
(12) If an approval granted under subsection (5) in respect of a network seller and each of its sales representatives is in effect at any time in a particular fiscal year of the network seller and, at any time during the particular fiscal year, the network seller ceases to be engaged exclusively in commercial activities or the Minister cancels the registration of the network seller, the
Emploi et croissa approval is deemed to be revoked, effective on the first day of the fiscal year of the network seller immediately following the particular fiscal year, unless, on that first day, the network seller is registered under Subdivision d of Division V and it is reasonably expected that the network seller will be engaged exclusively in commercial activities throughout that following fiscal year.
Effect of revocation
(13) If an approval granted under subsection (5) in respect of a network seller and each of its sales representatives is revoked under subsection (11) or (12), the following rules apply: (a) the approval ceases to have effect immediately before the day on which the revocation becomes effective; (b) the network seller shall forthwith notify each of its sales representatives in a manner satisfactory to the Minister of the revocation and the day on which it becomes effective; and (c) a subsequent approval granted under subsection (5) in respect of the network seller and each of its sales representatives shall not become effective before the first day of a fiscal year of the network seller that is at least two years after the day on which the revocation became effective.
Failure to notify on revocation
(14) For the purposes of this Part, a taxable supply (other than a zero-rated supply) of a service made in Canada by a sales representative of a network seller is deemed not to be a supply if (a) the consideration for the taxable supply is a network commission that becomes payable by the network seller to the sales representative at any time after an approval granted under subsection (5) in respect of the network seller and each of its sales representatives ceases to have effect as a consequence of a revocation on the basis of any of paragraphs (11)(a) to (c);
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(b) the approval could not have been revoked on the basis of paragraph (11)(d) or (e) and would not have otherwise been revoked under subsection (12); (c) at the time the network commission becomes payable, the sales representative (i) has not been notified of the revocation by the network seller, as required under paragraph (13)(b), or by the Minister, and (ii) neither knows, nor ought to know, that the approval ceased to have effect; and (d) an amount has not been charged or collected as or on account of tax in respect of the taxable supply. Failure to notify on revocation
(15) Subsection (16) applies if the following conditions are satisfied: (a) the consideration for a taxable supply (other than a zero-rated supply) of a service made in Canada by a sales representative of a network seller is a network commission that becomes payable by the network seller to the sales representative at any time after an approval granted under subsection (5) in respect of the network seller and each of its sales representatives ceases to have effect as a consequence of a revocation under subsection (11) or (12); (b) the approval was, or could at any time otherwise have been, revoked on the basis of paragraph (11)(d) or (e) or was, or would at any time otherwise have been, revoked under subsection (12); (c) at the time the network commission becomes payable, the sales representative (i) has not been notified of the revocation by the network seller, as required under paragraph (13)(b), or by the Minister, and (ii) neither knows, nor ought to know, that the approval ceased to have effect; and (d) an amount has not been charged or collected as or on account of tax in respect of the taxable supply.
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2010 Failure to notify on revocation
(16) If the conditions described in paragraphs (15)(a) to (d) are satisfied, the following rules apply for the purposes of this Part: (a) section 166 shall not apply in respect of the taxable supply described in paragraph (15)(a); (b) tax that becomes payable or that would, in the absence of section 166, become payable in respect of the taxable supply shall not be included in determining the net tax of the sales representative referred to in paragraph (15)(a); and (c) the consideration for the taxable supply shall not, in determining whether the sales representative is a small supplier, be included in the total referred to in paragraph 148(1)(a) or (2)(a).
Sales aids on revocation
(17) For the purposes of this Part, a taxable supply of a sales aid of a particular sales representative of a network seller made in Canada by way of sale to another sales representative of the network seller is deemed not to be a supply if (a) the consideration for the taxable supply becomes payable at any time after an approval granted under subsection (5) in respect of the network seller and each of its sales representatives ceases to have effect as a consequence of a revocation under subsection (11) or (12); (b) at the time the consideration becomes payable, the particular sales representative (i) has not been notified of the revocation by the network seller, as required under paragraph (13)(b), or by the Minister, and (ii) neither knows, nor ought to know, that the approval ceased to have effect; and (c) an amount has not been charged or collected as or on account of tax in respect of the taxable supply.
Restriction on input tax credits
(18) If (a) a registrant that is a network seller in respect of which an approval granted under subsection (5) is in effect acquires or imports property (other than a select product of the
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network seller) or a service or brings it into a participating province for supply to a sales representative of the network seller or an individual related to the sales representative, (b) tax becomes payable in respect of the acquisition, importation or bringing in, as the case may be, (c) the property or service is so supplied by the registrant for no consideration or for consideration that is less than the fair market value of the property or service, and (d) the sales representative or individual is not acquiring the property or service for consumption, use or supply exclusively in the course of commercial activities of the sales representative or individual, as the case may be, the following rules apply: (e) no tax is payable in respect of the supply, and (f) in determining an input tax credit of the registrant, no amount shall be included in respect of tax that becomes payable, or is paid without having become payable, by the registrant in respect of the property or service. Appropriations for sales representatives
(19) For the purposes of this Part, if a registrant that is a network seller in respect of which an approval granted under subsection (5) is in effect appropriates, at any time, property (other than a select product of the network seller) that was acquired, manufactured or produced, or any service acquired or performed, in the course of commercial activities of the registrant, to or for the benefit of a sales representative of the network seller, or any individual related to the sales representative, that is not acquiring the property or service for consumption, use or supply exclusively in the course of commercial activities of the sales representative or individual, in any manner (otherwise than by way of supply for consideration equal to the fair market value of the property or service), the registrant shall be deemed
Emploi et croissa (a) to have made a supply of the property or service for consideration paid at that time equal to the fair market value of the property or service at that time; and (b) except where the supply is an exempt supply, to have collected, at that time, tax in respect of the supply calculated on that consideration.
Exception
(20) Subsection (19) does not apply to property or a service appropriated by a registrant if the registrant was not entitled to claim an input tax credit in respect of the property or service because of section 170.
Ceasing to be a registrant
(21) If, at any time when an approval granted under subsection (5) in respect of a network seller and each of its sales representatives is in effect, a sales representative of the network seller ceases to be a registrant, paragraph 171(3)(a) does not apply to sales aids of the sales representative that were supplied to the sales representative by the network seller or another sales representative of the network seller at any time when the approval was in effect.
Non-arm’s length supply
(22) Section 155 does not apply to the supply described in subsection (9) made to an individual acting as a host. (2) Subsection (1) applies in respect of any fiscal year of a person that begins on or after January 1, 2010, except that, for the purposes of applying section 178 of the Act, as enacted by subsection (1), in respect of a fiscal year of a person that begins during 2010, the following rules also apply: (a) a person may, despite subparagraphs 178(3)(b)(i) and (ii) of the Act, as enacted by subsection (1), apply under subsection 178(3) of the Act, as enacted by subsection (1), to have subsection 178(7) of the Act, as enacted by subsection (1), apply to the person and each of its sales representatives, beginning on a day in 2010 that the person specifies in the application, if the person files the application before that day
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and that day is the first day of a reporting period of the person that begins during the fiscal year; (b) if the person makes an application in accordance with paragraph (a), (i) each reference in subsections 178(2), (3), (5) and (11) of the Act, as enacted by subsection (1), to “fiscal year” is to be read as a reference to “qualifying period”, and (ii) each reference in subsection 178(12) of the Act, as enacted by subsection (1), to “particular fiscal year” is to be read as a reference to “qualifying period”; and (c) “qualifying period” of a person means the period beginning on the day specified in an application made by the person in accordance with paragraph (a) and ending on the last day of the fiscal year. 1997, c. 10, s. 179(1)
60. (1) Subsection 185(1) of the Act is replaced by the following:
Financial services — input tax credits
185. (1) If tax in respect of property or a service acquired, imported or brought into a participating province by a registrant becomes payable by the registrant at a time when the registrant is neither a listed financial institution nor a person that is a financial institution because of paragraph 149(1)(b), for the purpose of determining an input tax credit of the registrant in respect of the property or service and for the purposes of Subdivision d, to the extent (determined in accordance with subsections 141.01(2) and 141.02(6)) that the property or service was acquired, imported or brought into the province, as the case may be, for consumption, use or supply in the course of making supplies of financial services that relate to commercial activities of the registrant, (a) if the registrant is a financial institution because of paragraph 149(1)(c), the property or service is deemed, despite subsections 141.01(2) and 141.02(6), to have been so acquired, imported or brought into the province for consumption, use or supply in the course of those commercial activities except to the extent that the property or
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service was so acquired, imported or brought into the province for consumption, use or supply in the course of activities of the registrant that relate to (i) credit cards or charge cards issued by the registrant, or (ii) the making of any advance, the lending of money or the granting of any credit; and (b) in any other case, the property or service is deemed, despite subsections 141.01(2) and 141.02(6), to have been so acquired, imported or brought into the province for consumption, use or supply in the course of those commercial activities. (2) Subsection (1) is deemed to have come into force on April 1, 2007. 1997, c. 10, s. 42(1); 1999, c. 31, s. 86(F)
61. (1) The portion of section 217 of the Act before paragraph (a) is replaced by the following:
Definitions
217. The following definitions apply in this Division.
“imported taxable supply” « fourniture taxable importée »
“imported taxable supply” means
(2) Section 217 of the Act is amended by adding the following in alphabetical order: “Canadian activity” « activité au Canada »
“duty” « tâche »
“employee” « salarié »
“external charge” « frais externes »
“Canadian activity” of a person means an activity of the person carried on, engaged in or conducted in Canada. “duty” means anything done by an employee in the course of, or in relation to, the office or employment of the employee. “employee” includes an individual who agrees to become an employee. “external charge” for a specified year of a qualifying taxpayer in respect of an outlay or expense described in any of paragraphs 217.1(2)(a) to (c) means the amount in respect of the outlay or expense determined by the formula A–B
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where A is the amount of the outlay or expense that (a) is allowed as a deduction, an allowance or an allocation for a reserve under the Income Tax Act in computing the qualifying taxpayer’s income for the specified year, or would be so allowed if (i) the qualifying taxpayer’s income were computed in accordance with that Act, (ii) the qualifying taxpayer carried on a business in Canada, and (iii) that Act applied to the qualifying taxpayer, and (b) may reasonably be regarded as being applicable to a Canadian activity of the qualifying taxpayer; and B is the total of all amounts, each of which is included in the amount determined under the description of A and is a permitted deduction for the specified year or a preceding specified year of the qualifying taxpayer. “loading” « chargement »
“loading” means any part of the value of the consideration for a supply of a financial service that is attributable to administrative expenses, an error or profit margin, business handling costs, commissions, communications expenses, claims handling costs, employee compensation or benefits, execution or clearing costs, management fees, marketing or advertising costs, occupancy or equipment expenses, operating expenses, acquisition costs, premium collection costs, processing costs or any other costs or expenses of a person that makes the supply, other than commissions for a specified financial service or the part of the value of the consideration that is equal to (a) if the financial service includes the issuance, renewal, variation or transfer of ownership of an insurance policy but not of any other qualifying instrument, the estimate of the net premium of the insurance policy; (b) if the financial service includes the issuance, renewal, variation or transfer of ownership of a qualifying instrument (other
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than an insurance policy), the estimate of the default risk premium that is directly associated with the qualifying instrument; and (c) if the financial service includes the issuance, renewal, variation or transfer of ownership of an insurance policy and a qualifying instrument (other than an insurance policy), the amount determined by the formula A+B where A is the estimate of the net premium of the insurance policy, and B is the estimate of the default risk premium that is directly associated with the qualifying instrument. “permitted deduction” « déduction autorisée »
“permitted deduction” for a specified year of a qualifying taxpayer means an amount that is (a) consideration for a supply of property or a service, or the value of imported goods, upon which tax under this Part (other than section 218.01 or subsection 218.1(1.2)) became payable during the specified year by the qualifying taxpayer; (b) tax referred to in paragraph (a) in respect of a supply or importation referred to in that paragraph; (c) a provincial levy that is prescribed for the purposes of section 154 and is in respect of a supply referred to in paragraph (a); (d) an amount that is deemed, under subsection 248(18) or (18.1) of the Income Tax Act, to be assistance repaid by the qualifying taxpayer in respect of property or a service referred to in paragraph (a); (e) consideration for a supply of property or a service (other than a financial service) made to the qualifying taxpayer as part of a transaction or series of transactions in which all participants deal at arm’s length with the qualifying taxpayer, unless (i) that consideration is included in paragraph (a), or
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(ii) an activity carried on, engaged in or conducted outside Canada, through a qualifying establishment of the qualifying taxpayer or of a person related to the qualifying taxpayer, relates in any manner to the supply; (f) qualifying compensation of an employee of the qualifying taxpayer that is paid in the specified year by the qualifying taxpayer if the employee was primarily in Canada while performing its duties during the specified year; (g) interest that is paid or payable by the qualifying taxpayer as the consideration for a supply of a financial service made to the qualifying taxpayer (other than an amount paid or credited by the qualifying taxpayer, or deemed by Part I of the Income Tax Act to have been paid or credited in the specified year by the qualifying taxpayer, to a person as, on account or in lieu of payment of, or in satisfaction of, a management or administration fee or charge (within the meaning of subsection 212(4) of that Act)); (h) dividends; (i) consideration (other than interest referred to in paragraph (g) or dividends referred to in paragraph (h)) for a specified arm’s length supply made to the qualifying taxpayer; (j) consideration (other than interest referred to in paragraph (g) or dividends referred to in paragraph (h)) for a supply (other than a specified derivative supply) of a specified financial service made to the qualifying taxpayer; (k) consideration (other than interest referred to in paragraph (g), dividends referred to in paragraph (h) or loading) for a specified nonarm’s length supply made to the qualifying taxpayer; (l) consideration (other than interest referred to in paragraph (g) or dividends referred to in paragraph (h)) for a specified derivative supply made to the qualifying taxpayer; or (m) a prescribed amount.
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2010 “qualifying compensation” « rétribution admissible »
“qualifying consideration” « contrepartie admissible »
“qualifying compensation” of an employee means any salary, wages and other remuneration of the employee and any other amount that is required to be included as income from an office or employment in computing the income of the employee for the purposes of the Income Tax Act. “qualifying consideration” for a specified year of a qualifying taxpayer in respect of an outlay made, or expense incurred, outside Canada means the amount in respect of the outlay or expense determined by the formula A–B where A is the amount of the outlay or expense that (a) is allowed as a deduction, an allowance or an allocation for a reserve under the Income Tax Act in computing the qualifying taxpayer’s income for the specified year, or would be so allowed if (i) the qualifying taxpayer’s income were computed in accordance with that Act, (ii) the qualifying taxpayer carried on a business in Canada, and (iii) that Act applied to the qualifying taxpayer, and (b) may reasonably be regarded as being applicable to a Canadian activity of the qualifying taxpayer; and B is the total of all amounts each of which is included in the amount determined under the description of A and is (a) an amount (other than an amount included in paragraph (b)) that is a permitted deduction for the specified year or a preceding specified year of the qualifying taxpayer, or (b) an amount that represents a cost to a qualifying establishment of the qualifying taxpayer in a country other than Canada, or a share of a profit of the qualifying taxpayer that is redistributed from a qualifying establishment of the qualifying taxpayer in Canada to a qualifying
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“qualifying establishment” « établissement admissible »
“qualifying instrument” « instrument admissible »
“qualifying service” « service admissible » “specified arm’s length supply” « fourniture déterminée entre personnes sans lien de dépendance »
“specified derivative supply” « fourniture déterminée d’instrument dérivé »
“qualifying establishment” means a permanent establishment as defined in subsection 123(1) or a permanent establishment as defined in subsection 132.1(2). “qualifying instrument” means money, a credit card voucher, a charge card voucher or a financial instrument. “qualifying service” means a service or duty.
“specified arm’s length supply” means a supply (other than a specified derivative supply) of a financial service (other than a specified financial service) made to a qualifying taxpayer as part of a transaction or series of transactions in which all participants deal at arm’s length with the qualifying taxpayer. “specified derivative supply” means a supply (a) that is a supply of a financial service of issuing, renewing, varying or transferring the ownership of a financial instrument that is a derivative, or that is a supply made by an agent, salesperson or broker of arranging for the issuance, renewal, variance or transfer of ownership of a financial instrument that is a derivative; and (b) for which all or substantially all of the value of the consideration is attributable to
Emploi et croissa (i) any error or profit margin, or employee compensation or benefits, reasonably attributable to the supply, and (ii) amounts that are not loading.
“specified financial service” « service financier déterminé »
“specified financial service” means a financial service supplied to a qualifying taxpayer by an agent, salesperson or broker of arranging for the issuance, renewal, variation or transfer of ownership of a financial instrument that is property of a person other than the agent, salesperson or broker.
“specified nonarm’s length supply” « fourniture déterminée entre personnes ayant un lien de dépendance »
“specified non-arm’s length supply” means a supply (other than a specified derivative supply) of a financial service (other than a specified financial service) that includes the issuance, renewal, variation or transfer of ownership of a qualifying instrument, made to a qualifying taxpayer as part of a transaction or series of transactions in which any participant does not deal at arm’s length with the qualifying taxpayer.
“specified year” « année déterminée »
“specified year” of a person means (a) in the case of a person that is described in paragraph (a) or (b) of the definition “taxation year” in subsection 123(1), the taxation year of the person; (b) in the case of a person that is a registrant but is not described in paragraph (a) or (b) of the definition “taxation year” in subsection 123(1), the fiscal year of the person; and (c) in any other case, the calendar year.
“taxing statute” « loi fiscale »
“transaction” « opération »
“taxing statute” of a country means a statute of the country, or of a state, province or other political subdivision of the country, that imposes a levy or charge of general application that is an income or profits tax. “transaction” includes an arrangement or event.
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(3) Subsections (1) and (2) apply to any specified year of a person that ends after November 16, 2005, except that, for the purposes of applying the definition “permitted deduction” in section 217 of the Act, as enacted by subsection (2), in respect of an amount of consideration for a specified nonarm’s length supply that became due, or was paid without having become due, on or before that day, paragraph (k) of that definition shall be read without reference to the words “or loading”.
62. (1) The Act is amended by adding the following after section 217: Qualifying taxpayer
217.1 (1) For the purposes of this Division, a person is a qualifying taxpayer throughout a specified year of the person if (a) the person is a financial institution at any time in the specified year; and (b) the person, at any time in the specified year (i) is resident in Canada, (ii) has a qualifying establishment in Canada,
Emploi et croissa (iii) where a majority of the persons having beneficial ownership of the person’s property in Canada are resident in Canada, carries on, engages in or conducts an activity in Canada, or (iv) is a prescribed person or a person of a prescribed class.
Outlay made, or expense incurred, outside Canada
(2) For the purposes of this Division, an outlay made, or expense incurred, outside Canada includes any amount representing (a) an outlay made, or expense incurred, by a qualifying taxpayer in respect of (i) property that is, in whole or in part, transferred outside Canada to the qualifying taxpayer, (ii) property, the possession or use of which is, in whole or in part, given or made available outside Canada to the qualifying taxpayer, or (iii) a service that is performed, in whole or in part, outside Canada for the benefit of the qualifying taxpayer or is rendered, in whole or in part, outside Canada to the qualifying taxpayer; (b) an adjustment (within the meaning of subsection 247(2) of the Income Tax Act) to an outlay or expense described in paragraph (a); (c) an expenditure or purchase in respect of a reportable transaction (as defined in section 233.1 of the Income Tax Act) in respect of which a qualifying taxpayer is required under that section to file with the Minister a return in prescribed form containing prescribed information, or would be so required if the qualifying taxpayer carried on a business in Canada and that Act applied to the qualifying taxpayer; (d) in the case of a qualifying taxpayer that is resident in Canada, qualifying compensation of an employee paid in a specified year by the qualifying taxpayer if
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(i) in the specified year, a duty is performed by the employee outside Canada (in this subsection referred to as a “duty performed outside Canada”) at a qualifying establishment of the qualifying taxpayer or of a person related to the qualifying taxpayer, and (ii) it is not the case that all or substantially all of the duties performed outside Canada by the employee in the specified year are performed elsewhere than at such qualifying establishments; and (e) in the case of a qualifying taxpayer that is not resident in Canada, (i) an allocation by the qualifying taxpayer of an outlay or expense as an amount in respect of a business carried on in Canada by the qualifying taxpayer for the purpose of computing the qualifying taxpayer’s income under the Income Tax Act, or an amount that would be such an allocation if (A) the qualifying taxpayer’s income were computed in accordance with that Act, (B) anything done by the qualifying taxpayer through a qualifying establishment in Canada of the qualifying taxpayer were the carrying on of a business in Canada by the qualifying taxpayer, and (C) that Act applied to the qualifying taxpayer, (ii) an outlay or expense that may reasonably be regarded under the Income Tax Act as an amount that is applicable to a qualifying establishment in Canada of the qualifying taxpayer, or that would reasonably be so regarded if the qualifying establishment were a permanent establishment for purposes of that Act, the qualifying taxpayer carried on a business in Canada and that Act applied to the qualifying taxpayer, and (iii) qualifying compensation of an employee paid in a specified year by the qualifying taxpayer.
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Series of transactions
(3) For the purposes of this Division, if there is a reference to a series of transactions, the series is deemed to include any related transactions completed in contemplation of the series.
Internal charge
(4) For the purposes of this Division, any part of an amount in respect of a transaction or dealing between a particular qualifying establishment of a qualifying taxpayer in Canada and another qualifying establishment of the qualifying taxpayer in a particular country other than Canada is an internal charge for a specified year of the qualifying taxpayer if (a) the amount meets the following criteria: (i) the amount would be allowed as a deduction, an allowance or an allocation for a reserve under the Income Tax Act in computing the income of the particular qualifying establishment for the specified year if (A) that Act applied to the particular qualifying establishment, (B) the income of the particular qualifying establishment were computed in accordance with that Act, and (C) for the purposes of that Act, (I) anything done by the qualifying taxpayer through the particular qualifying establishment were the carrying on of a business in Canada, (II) the particular qualifying establishment were a permanent establishment, and (III) the specified year were the particular qualifying establishment’s taxation year, (ii) where the qualifying taxpayer has not specified pursuant to paragraph 217.2(2)(c) that subparagraph (iii) is to apply in all cases in determining the internal charges for the specified year and the particular country is a taxing country (as defined in subsection 126(7) of the Income Tax Act) that has a tax treaty (as defined in subsection 248(1) of that Act) with Canada, the amount would be required to be included in computing, under a taxing
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statute of the particular country that applies to the qualifying taxpayer, or that would apply if the other qualifying establishment were a permanent establishment for the purposes of that statute, the other qualifying establishment’s income or profits for any period (in this paragraph referred to as a “taxing period”) that ends during the specified year if (A) the taxing statute applied to the other qualifying establishment, (B) the other qualifying establishment’s income or profits were computed in accordance with the taxing statute, and (C) for the purposes of the taxing statute, (I) anything done by the qualifying taxpayer through the other qualifying establishment were the carrying on of a business in the particular country, and (II) the other qualifying establishment were a permanent establishment and had the same taxing periods that the qualifying taxpayer would have under the taxing statute, and (iii) where subparagraph (ii) does not apply, the amount would be required to be included in computing under the Income Tax Act the other qualifying establishment’s income for the specified year if (A) the laws of Canada, and not the laws of the particular country, applied, with any modifications that the circumstances require, in the particular country, (B) that Act applied to the other qualifying establishment, (C) the other qualifying establishment’s income were computed in accordance with that Act, and (D) for the purposes of that Act, (I) anything done by the qualifying taxpayer through the other qualifying establishment were the carrying on of a business in the particular country,
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(II) the other qualifying establishment were a permanent establishment, and (III) the specified year were the other qualifying establishment’s taxation year; and (b) the part of the amount is not (i) an amount determined under the description of A in the formula in the definition “external charge” in section 217 in calculating an external charge of the qualifying taxpayer for the specified year or a preceding specified year of the qualifying taxpayer, (ii) a permitted deduction of the qualifying taxpayer for the specified year or a preceding specified year of the qualifying taxpayer, other than a permitted deduction of the qualifying taxpayer that is included in determining an amount under the description of B in the formula in the definition “external charge” in section 217 in calculating an external charge of the qualifying taxpayer for the specified year or a preceding specified year of the qualifying taxpayer, (iii) an amount that represents a cost to the other qualifying establishment, or a share of a profit of the qualifying taxpayer that is redistributed from the particular qualifying establishment to the other qualifying establishment, that is solely attributable to the issuance, renewal, variance or transfer of ownership by the qualifying taxpayer of a financial instrument that is a derivative, provided that all or substantially all of the amount is (A) an error or profit margin, or employee compensation or benefits, that is reasonably attributable to the issuance, renewal, variance or transfer of ownership, or (B) the estimate of the default risk premium that is directly associated with the derivative, or (iv) a prescribed amount.
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Separate entities
(5) For the purposes of applying paragraph (4)(a) in respect of a particular qualifying establishment of a qualifying taxpayer in a country other than Canada and another qualifying establishment of the qualifying taxpayer in Canada, the following rules apply:
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(a) the particular qualifying establishment is deemed to be a distinct and separate enterprise from the qualifying taxpayer, engaged in the same or similar activities under the same or similar conditions as the particular qualifying establishment and dealing wholly independently with the other qualifying establishment and with the part (in this subsection referred to as the “remainder of the qualifying taxpayer”) of the qualifying taxpayer, if any, that is neither the particular qualifying establishment nor the other qualifying establishment; (b) the other qualifying establishment is deemed to be a distinct and separate enterprise from the qualifying taxpayer, engaged in the same or similar activities under the same or similar conditions as the other qualifying establishment and dealing wholly independently with the particular qualifying establishment and with the remainder of the qualifying taxpayer; and (c) any transactions or dealings between any of the particular qualifying establishment, the other qualifying establishment and the remainder of the qualifying taxpayer are deemed to be supplies made on such terms as would have been agreed upon between parties dealing at arm’s length. Qualifying rule for credits
(6) If an amount (in this subsection referred to as a “qualifying expenditure”) of qualifying consideration, or of an external charge, of a qualifying taxpayer in respect of an outlay made, or expense incurred, outside Canada is greater than zero and, during a reporting period of the qualifying taxpayer during which the qualifying taxpayer is a registrant, tax under section 218.01 or subsection 218.1(1.2) in respect of the qualifying expenditure becomes payable by the qualifying taxpayer or is paid by the qualifying taxpayer without having become
Emploi et croissa payable, the following rules apply for the purpose of determining an input tax credit of the qualifying taxpayer: (a) the whole or part of property (in this subsection and subsection (8) referred to as “attributable property”) or of a qualifying service (in this subsection and subsection (8) referred to as an “attributable service”) to which the qualifying expenditure is attributable is deemed to have been acquired by the qualifying taxpayer at the time at which the outlay was made or the expense was incurred; (b) the tax is deemed to be tax in respect of a supply of the attributable property or attributable service; and (c) the extent to which the qualifying taxpayer acquired the attributable property or attributable service for consumption, use or supply in the course of commercial activities of the qualifying taxpayer is deemed to be the same extent as that to which the whole or part of the outlay or expense, which corresponds to the qualifying expenditure, was made or incurred to consume, use or supply the attributable property or attributable service in the course of commercial activities of the qualifying taxpayer.
Qualifying rule for credits — internal charge
(7) If tax (in this subsection referred to as “internal tax”) under section 218.01 or subsection 218.1(1.2) in respect of an internal charge becomes payable by a qualifying taxpayer, or is paid by the qualifying taxpayer without having become payable, and the internal charge is determined based in whole or in part on the inclusion of an outlay made, or an expense incurred, outside Canada by the qualifying taxpayer, the following rules apply for the purpose of determining an input tax credit of the qualifying taxpayer: (a) the whole or part of property (in this subsection and subsection (8) referred to as “internal property”) or of a qualifying service (in this subsection and subsection (8) referred to as an “internal service”) to which the outlay or expense is attributable is deemed to have been supplied to the qualifying taxpayer at the time the outlay was made or the expense was incurred;
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(b) the amount of the internal tax that can reasonably be attributed to the outlay or expense is deemed to be tax (in this paragraph referred to as “attributed tax”) in respect of the supply of the internal property or the internal service, and the attributed tax is deemed to have become payable at the time the internal tax becomes payable by the qualifying taxpayer or is paid by the qualifying taxpayer without having become payable; and (c) the extent to which the qualifying taxpayer acquired the internal property or internal service for consumption, use or supply in the course of commercial activities of the qualifying taxpayer is deemed to be the same extent as that to which the outlay or expense was made or incurred to consume, use or supply the internal property or internal service in the course of commercial activities of the qualifying taxpayer. Input tax credits
(8) For the purpose of determining an input tax credit of a qualifying taxpayer under section 169 (a) in respect of attributable property or an attributable service, the reference in that section to “property or a service” is to be read as a reference to “attributable property or an attributable service, within the meaning of those terms in paragraph 217.1(6)(a)”; and (b) in respect of internal property or an internal service, the reference in that section to “property or a service” is to be read as a reference to “internal property or an internal service, within the meaning of those terms in paragraph 217.1(7)(a)”.
Election
217.2 (1) A qualifying taxpayer that is resident in Canada may elect to determine tax under section 218.01 in accordance with paragraph 218.01(a) and tax under subsection 218.1(1.2) in accordance with paragraph 218.1(1.2)(a) for each specified year of the qualifying taxpayer during which the election is in effect.
Form and contents of election
(2) An election made under subsection (1) by a qualifying taxpayer shall
Emploi et croissa (a) be made in prescribed form containing prescribed information; (b) set out the first specified year of the qualifying taxpayer during which the election is to be in effect; (c) specify if subparagraph 217.1(4)(a)(iii) is to apply in all cases in determining the internal charges for all specified years of the qualifying taxpayer during which the election is to be in effect; and (d) be filed with the Minister in prescribed manner on or before the day on or before which the qualifying taxpayer’s return under section 219 in respect of tax under section 218.01 or subsection 218.1(1.2) for the first specified year is required to be filed.
Effective date
(3) An election made under subsection (1) by a qualifying taxpayer shall become effective on the first day of the specified year set out in the form.
Cessation
(4) An election made under subsection (1) by a qualifying taxpayer ceases to have effect on the earlier of (a) the first day of the specified year of the qualifying taxpayer in which the qualifying taxpayer ceases to be resident in Canada; and (b) the day on which a revocation of the election becomes effective.
Revocation
(5) A qualifying taxpayer that has made an election under subsection (1) may revoke the election, effective on the first day of a specified year of the qualifying taxpayer that begins at least two years after the election became effective, by filing in prescribed manner with the Minister a notice of revocation in prescribed form containing prescribed information not later than the day on which the revocation is to become effective.
Restriction
(6) If a revocation of an election made under subsection (1) becomes effective on a particular date, any subsequent election under that subsection is not a valid election unless the first day of the specified year set out in the subsequent election is at least two years after the day on which the revocation became effective.
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(2) Subsection (1) applies to any specified year of a person that ends after November 16, 2005. (3) If a return under section 219 of the Act, as amended by subsection 66(1), in respect of tax under section 218.01 of the Act, as enacted by section 63, or tax under subsection 218.1(1.2) of the Act, as enacted by subsection 64(2), for a specified year of a qualifying taxpayer is required to be filed on or before the day on which this Act is assented to, the qualifying taxpayer may, despite paragraph 217.2(2)(d) of the Act, as enacted by subsection (1), make an election under subsection 217.2(1) of the Act, as enacted by subsection (1), that becomes effective on the first day of the specified year, provided that the qualifying taxpayer files the election with the Minister of National Revenue in prescribed manner on or before the day that is sixty days after the day on which this Act is assented to.
(4) If a qualifying taxpayer makes an election under subsection 217.2(1) of the Act, as enacted by subsection (1), that is in effect for a specified year of the qualifying taxpayer that ends before the day on which this Act is assented to, (a) if an amount (in this paragraph referred to as the “paid amount”) was paid on or before that day by the qualifying taxpayer to the Receiver General as or on account of tax for the specified year under section 218.01 of the Act, as enacted by section 63, or under subsection 218.1(1.2) of the Act, as enacted by subsection 64(2), and, by reason of the election being in effect for the specified year, the total amount of tax payable for the specified year under those provisions is less than the paid amount,
Emploi et croissa (i) the qualifying taxpayer may request in writing on or before the day that is two years after the day on which this Act is assented to that the Minister of National Revenue make an assessment, reassessment or additional assessment for the purpose of taking into account that the election was in effect for the specified year, and (ii) on receipt of a request under subparagraph (i), the Minister shall, with all due dispatch, (A) consider the request, and (B) despite section 298 of the Act, as amended by section 79, assess, reassess or make an additional assessment under section 296 of the Act of tax payable by the qualifying taxpayer for the specified year under section 218.01 of the Act, as enacted by section 63, or under subsection 218.1(1.2) of the Act, as enacted by subsection 64(2), and of any interest, penalty or other obligation of the qualifying taxpayer, but only to the extent that the assessment, reassessment or additional assessment may reasonably be regarded as being for the purpose of taking into account that the election was in effect for the specified year; and (b) despite paragraph 298(1)(d) of the Act, as amended by section 79, the Minister of National Revenue may assess, reassess or make an additional assessment under section 296 of the Act of tax payable by the qualifying taxpayer for the specified year under section 218.01 of the Act, as enacted by section 63, or under subsection 218.1(1.2) of the Act, as enacted by subsection 64(2), on or before the day that is seven years after the later of (i) the day on which the election is filed with the Minister,
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(ii) the day on or before which the qualifying taxpayer was required to file the return in which that tax payable was required to be reported, and (iii) the day on which that return was filed. 63. (1) The Act is amended by adding the following after section 218: Imposition of goods and services tax
218.01 Subject to this Part, every qualifying taxpayer shall, for each specified year of the qualifying taxpayer, pay to Her Majesty in right of Canada tax equal to (a) if an election under subsection 217.2(1) is in effect for the specified year, the amount determined by the formula [(A + B) × (C/D) × E] + [(A + B) × ((D – C)/D) × F] where A is the total of all amounts, each of which is an internal charge for the specified year that is greater than zero, B is the total of all amounts, each of which is an external charge for the specified year that is greater than zero, C is the number of days in the specified year before (i) if the specified year begins before July 2006, July 2006, and (ii) in any other case, January 2008, D is the total number of days in the specified year, E is (i) if the specified year begins before July 2006, 7%, and (ii) in any other case, 6%, and F is (i) if the specified year begins before July 2006, 6%, and (ii) in any other case, 5%; and
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(b) in any other case, the amount determined by the formula [G × (H/I) × J] + [G × ((I – H)/I) × K] where G is the total of all amounts, each of which is qualifying consideration for the specified year that is greater than zero, H is the number of days in the specified year before (i) if the specified year begins before July 2006, July 2006, and (ii) in any other case, January 2008, I
is the total number of days in the specified year,
J
is (i) if the specified year begins before July 2006, 7%, and (ii) in any other case, 6%, and
K is (i) if the specified year begins before July 2006, 6%, and (ii) in any other case, 5%. (2) Section 218.01 of the Act, as enacted by subsection (1), is replaced by the following: Imposition of goods and services tax
218.01 Subject to this Part, every qualifying taxpayer shall, for each specified year of the qualifying taxpayer, pay to Her Majesty in right of Canada tax calculated at the rate of 5% on (a) if an election under subsection 217.2(1) is in effect for the specified year, the amount determined by the formula A+B where A is the total of all amounts, each of which is an internal charge for the specified year that is greater than zero, and B is the total of all amounts, each of which is an external charge for the specified year that is greater than zero; and
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(b) in any other case, the total of all amounts, each of which is qualifying consideration for the specified year that is greater than zero.
(3) Subsection (1) applies to any specified year of a qualifying taxpayer that ends after November 16, 2005 and begins before January 2008. (4) Subsection (2) applies to any specified year of a qualifying taxpayer that begins after December 2007. 2000, c. 30, s. 46(2); 2007, c. 35, s. 3(1)
64. (1) Paragraphs 218.1(1)(c) and (d) of the Act are replaced by the following: (c) every person that is the recipient of a supply, included in any of paragraphs (b.1) to (b.3) of the definition “imported taxable supply” in section 217, of property that is delivered or made available to the person in a particular participating province and that is either resident in that province or is a registrant, and (d) every person that is the recipient of a supply that is included in paragraph (c.1), (d) or (e) of the definition “imported taxable supply” in section 217 and that is made in a particular participating province (2) Section 218.1 of the Act is amended by adding the following after subsection (1.1):
Tax in a participating province
(1.2) Subject to this Part, every qualifying taxpayer that is resident in a participating province shall, for each specified year of the qualifying taxpayer and for each particular participating province in which the qualifying taxpayer is resident at any time in the specified year, pay to Her Majesty in right of Canada, in addition to the tax payable under section 218.01, tax calculated at the tax rate for the particular participating province on
Emploi et croissa (a) if an election under subsection 217.2(1) is in effect for the specified year, the amount determined by the formula A+B where A is the total of all amounts, each of which is an amount in respect of an internal charge for the specified year that is greater than zero determined by the formula A1 × A2 where A1
is the internal charge, and
A2
is the extent (expressed as a percentage) to which the internal charge is attributable to outlays or expenses that were made or incurred to consume, use or supply the whole or part of property or of a qualifying service, in respect of which the internal charge is attributable, in carrying on, engaging in or conducting an activity of the qualifying taxpayer in the particular participating province, and
B is the total of all amounts, each of which is an amount in respect of an external charge for the specified year that is greater than zero determined by the formula B1 × B2 where B1
is the external charge, and
B2
is the extent (expressed as a percentage) to which the whole or part of the outlay or expense, which corresponds to the external charge, was made or incurred to consume, use or supply the whole or part of property or of a qualifying service, in respect of which the external charge is attributable, in carrying on, engaging in or conducting an
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(b) in any other case, the total of all amounts, each of which is an amount in respect of qualifying consideration for the specified year that is greater than zero determined by the formula C×D where C is the qualifying consideration, and D is the extent (expressed as a percentage) to which the whole or part of the outlay or expense, which corresponds to the qualifying consideration, was made or incurred to consume, use or supply the whole or part of property or of a qualifying service, in respect of which the qualifying consideration is attributable, in carrying on, engaging in or conducting an activity of the qualifying taxpayer in the particular participating province.
Qualifying taxpayer resident in a province
(1.3) Despite section 132.1 and for the purposes of subsection (1.2), a qualifying taxpayer is deemed to be resident in a province at any time if, at that time, (a) the qualifying taxpayer has a qualifying establishment in the province; or (b) in the case of a qualifying taxpayer that is resident in Canada, the qualifying taxpayer is (i) a corporation incorporated or continued under the laws of the province and not continued elsewhere, (ii) an entity that is a partnership, an unincorporated society, a club, an association or an organization, or a branch of such an entity, in respect of which a majority of the members having management and control of the entity or branch are resident in the province, or
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(iii) a trust, carrying on activities as a trust in the province, that has a local office or branch in the province. (3) The portion of subsection 218.1(1.2) of the Act, as enacted by subsection (2), before paragraph (a) is replaced by the following: Tax in a participating province
(1.2) Subject to this Part, every qualifying taxpayer that is resident in a participating province shall, for each specified year of the qualifying taxpayer and for each particular participating province, pay to Her Majesty in right of Canada, in addition to the tax payable under section 218.01, tax calculated at the tax rate for the particular participating province on
2000, c. 30, s. 46(3)
(4) The portion of subsection 218.1(2) of the Act before paragraph (a) is replaced by the following:
Selected listed financial institutions
(2) If tax under subsection (1) or (1.2) would, in the absence of this subsection, become payable by a person when the person is a selected listed financial institution, that tax is not payable unless it is an amount of tax that (5) Subsections (1), (2) and (4) apply to any specified year of a person that ends after November 16, 2005, except that for supplies made on or before March 19, 2007, paragraph 218.1(1)(d) of the Act, as amended by subsection (1), shall be read without reference to “(c.1)”. (6) Subsection (3) applies to any specified year of a person that ends after June 2010. (7) Despite subsections (5) and (6), the amount of tax payable by a person under subsection 218.1(1.2) of the Act, as enacted by subsections (2) and (3), for the specified year of the person that begins before July 1, 2010 and ends on or after that day and for Ontario or British Columbia is equal to the amount determined by the formula A × (B/C) where
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A is the amount that, in the absence of this subsection, would be tax payable under subsection 218.1(1.2) of the Act, as enacted by subsections (2) and (3), for the specified year and for Ontario or British Columbia, as the case may be; B is the number of days in the specified year that are after June 2010; and C is the number of days in the specified year.
1997, c. 10, s. 203(1)
65. (1) Section 218.2 of the Act is replaced by the following:
When tax payable
218.2 Tax under this Division (other than tax under section 218.01 or subsection 218.1(1.2)) that is calculated on an amount of consideration for a supply that becomes due at any time, or is paid at any time without having become due, becomes payable at that time.
When tax payable
218.3 Tax under section 218.01 and subsection 218.1(1.2) that is determined for a specified year of a qualifying taxpayer becomes payable by the qualifying taxpayer on (a) if the specified year is a taxation year of the qualifying taxpayer for the purposes of the Income Tax Act and the qualifying taxpayer is required under Division I of that Act to file a return of income for the specified year, the filing-due date for the specified year for the purposes of that Act; and (b) in any other case, the day that is six months after the end of the specified year.
(2) Subsection (1) applies to any specified year of a qualifying taxpayer that ends after November 16, 2005. 1997, c. 10, s. 43(1)
66. (1) Paragraph 219(a) of the Act is replaced by the following: (a) if the person is a registrant, the person shall, on or before the day on or before which the person’s return under section 238 for the
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reporting period in which the tax became payable is required to be filed, pay the tax to the Receiver General and (i) if the person is not a qualifying taxpayer, report the tax in that return, or (ii) if the person is a qualifying taxpayer, file with the Minister in prescribed manner a return in respect of the tax in prescribed form containing prescribed information; and
(2) Subsection (1) applies in respect of any reporting period that ends after November 16, 2005. 1990, c. 45, s. 12(1); 1993, c. 27, s. 84(1) and (2)
67. (1) Section 220 of the Act is replaced by the following:
Definitions
220. (1) The following definitions apply in this section.
“intangible capital” « capital incorporel »
“intangible capital” of a specified person means any of the following that is consumed or used by the specified person in the process of creating, developing or bringing into existence intangible personal property: (a) all or part of a labour activity of the specified person; (b) all or part of property (other than intangible personal property described in paragraph (a) of the definition “intangible resource”); or (c) all or part of a service.
“intangible resource” « ressource incorporelle »
“intangible resource” of a specified person means (a) all or part of intangible personal property supplied to, or created, developed or brought into existence by, the specified person that is not support capital of the specified person; (b) intangible capital of the specified person; or (c) any combination of the items referred to in paragraphs (a) and (b).
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“labour activity” « activité de main-d’oeuvre »
“labour activity” of a specified person means anything done by an employee of the specified person in the course of, or in relation to, the office or employment of the employee.
“support capital” « capital d’appui »
“support capital” of a specified person means all or part of intangible personal property that is consumed or used by the specified person in the process of creating, developing or bringing into existence property (other than intangible personal property) or in supporting, assisting or furthering a labour activity of the specified person.
“support resource” « ressource d’appui »
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“support resource” of a specified person means (a) all or part of property (other than intangible personal property) supplied to, or created, developed or brought into existence by, the specified person that is not intangible capital of the specified person; (b) all or part of a service supplied to the specified person that is not intangible capital of the specified person; (c) all or part of a labour activity of the specified person that is not intangible capital of the specified person; (d) support capital of the specified person; or (e) any combination of the items referred to in paragraphs (a) to (d).
Specified person and specified business
(2) For the purposes of this section, (a) a person is a specified person throughout a taxation year of the person if the person (i) carries on, at any time in the taxation year, a business through a permanent establishment of the person outside Canada, and (ii) carries on, at any time in the taxation year, a business through a permanent establishment of the person in Canada; and (b) a business of a person is a specified business of the person throughout a taxation year of the person if the business is carried on, at any time in the taxation year, in Canada through a permanent establishment of the person.
2010 Internal use
Emploi et croissa (3) For the purposes of this section, internal use of a support resource, or of an intangible resource, of a specified person occurs during a taxation year of the specified person if (a) the specified person at any time in the taxation year uses outside Canada any part of the resource in relation to the carrying on of a specified business of the specified person; or (b) the specified person is permitted under the Income Tax Act, or would be so permitted if that Act applied to the specified person, to allocate for the taxation year, as an amount in respect of a specified business of the specified person, (i) any part of an outlay made, or expense incurred, by the specified person in respect of any part of the resource, or (ii) any part of an allowance, or allocation for a reserve, in respect of any part of such an outlay or expense.
Dealings between permanent establishments
(4) If internal use of a support resource of a specified person occurs during a taxation year of the specified person, the following rules apply: (a) for the purposes of this Division, the specified person is deemed (i) to have rendered, during the taxation year, a service of internally using the support resource at a permanent establishment of the specified person outside Canada in the course of carrying on a specified business of the specified person, and to be the person to which the service was rendered, (ii) to be the recipient of a supply made outside Canada of the service, and (iii) to be, in the case of a non-resident specified person, resident in Canada; (b) for the purposes of this Division, the supply is deemed not to be a supply of a service that is in respect of (i) real property situated outside Canada, or
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(ii) tangible personal property that is situated outside Canada at the time the service is performed; (c) for the purposes of this Division, the value of the consideration for the supply is deemed to be the total of all amounts, each of which is the fair market value of a part, or of the use of a part, as the case may be, of the support resource referred to in subsection (3) (i) if the part is only referred to in paragraph (3)(a), at the time referred to in that paragraph, and (ii) otherwise, on the last day of the taxation year; (d) for the purposes of this Division, the consideration for the supply is deemed to have become due and to have been paid, on the last day of the taxation year, by the specified person; and (e) for the purposes of section 217 and of determining an input tax credit of the specified person under this Part, the specified person is deemed to have acquired the service for the same purpose as that for which the part of the support resource referred to in subsection (3) was acquired, consumed or used by the specified person.
Dealings between permanent establishments
(5) If internal use of an intangible resource of a specified person occurs during a taxation year of the specified person, the following rules apply: (a) for the purposes of this Division, the specified person is deemed (i) to have made available, during the taxation year, at a permanent establishment of the specified person outside Canada intangible personal property in the course of carrying on a specified business of the specified person and to be the person to which the property was made available, (ii) to be the recipient of a supply made outside Canada of the property, and
Emploi et croissa (iii) to be, in the case of a non-resident specified person, resident in Canada; (b) for the purposes of this Division, the supply is deemed not to be a supply of property that relates to real property situated outside Canada, to a service to be performed wholly outside Canada or to tangible personal property situated outside Canada; (c) for the purposes of this Division, the value of the consideration for the supply is deemed to be the total of all amounts, each of which is the fair market value of a part, or of the use of a part, as the case may be, of the intangible resource referred to in subsection (3) (i) if the part is only referred to in paragraph (3)(a), at the time referred to in that paragraph, and (ii) otherwise, on the last day of the taxation year; (d) for the purposes of this Division, the consideration for the supply is deemed to have become due and to have been paid, on the last day of the taxation year, by the specified person; and (e) for the purposes section 217 and of determining an input tax credit of the specified person under this Part, the specified person is deemed to have acquired the property for the same purpose as that for which the part of the intangible resource referred to in subsection (3) was acquired, consumed or used by the specified person. (2) The portion of paragraph 220(2)(a) of the Act before subparagraph (i), as enacted as by subsection (1), is replaced by the following: (a) a person (other than a financial institution) is a specified person throughout a taxation year of the person if the person (3) Subsection (1) is deemed to have come into force on December 17, 1990. (4) Subsection (2) applies to any taxation year of a person that ends after November 16, 2005.
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68. (1) Section 220.05 of the Act is amended by adding the following after subsection (3): Pension entities
(3.1) No tax is payable under subsection (1) in respect of property if a person that is a pension entity of a pension plan (as those terms are defined in subsection 172.1(1)) is the recipient of a particular supply of the property made by a participating employer (as defined in that subsection) of the pension plan and (a) the amount determined for B in the formula in paragraph 172.1(5)(c) in respect of a supply of the same property that is deemed to have been made by the participating employer under paragraph 172.1(5)(a) is greater than zero; or (b) the amount determined for B in the formula in paragraph 172.1(6)(c) in respect of every supply deemed to have been made under paragraph 172.1(6)(a) of an employer resource (as defined in subsection 172.1(1)) consumed or used for the purpose of making the particular supply is greater than zero.
(2) Subsection (1) is deemed to have come into force on September 23, 2009. 69. (1) Section 220.08 of the Act is amended by adding the following after subsection (3): Pension entities
(3.1) No tax is payable under subsection (1) in respect of a particular supply of property or a service made by a participating employer of a pension plan (as those terms are defined in subsection 172.1(1)) to a person that is a pension entity (as defined in that subsection) of the pension plan if (a) the amount determined for B in the formula in paragraph 172.1(5)(c) in respect of a supply of the same property or service that is deemed to have been made by the participating employer under paragraph 172.1(5)(a) is greater than zero; or (b) the amount determined for B in the formula in paragraph 172.1(6)(c) in respect of every supply deemed to have been made under paragraph 172.1(6)(a) of an employer
Emploi et croissa resource (as defined in subsection 172.1(1)) consumed or used for the purpose of making the particular supply is greater than zero. (2) Subsection (1) is deemed to have come into force on September 23, 2009.
1997, c. 10, s. 208(1)
70. (1) Paragraph (a) in the description of A in subsection 225.2(2) of the Act is replaced by the following: (a) all tax (other than a prescribed amount of tax) that became payable under any of subsection 165(1) and sections 212, 218 and 218.01 by the financial institution during the particular reporting period or that was paid by the financial institution during the particular reporting period without having become payable, (2) Subsection (1) applies to any taxation year of a qualifying taxpayer that ends after November 16, 2005. 71. (1) The Act is amended by adding the following after section 232:
Definitions
232.01 (1) In this section and in section 232.02, (a) “employer resource”, “participating employer”, “pension entity”, “pension plan” and “specified resource” have the same meanings as in section 172.l; (b) “claim period” has the meaning assigned by subsection 259(1); and (c) “eligible amount”, “non-qualifying pension entity”, “pension rebate amount”, “provincial pension rebate amount”, “qualifying employer” and “qualifying pension entity” have the same meanings as in section 26l.01.
“Total tax amount”
(2) In this section, “total tax amount” of a tax adjustment note issued under subsection (3) means the total of the federal component amount and the provincial component amount of the tax adjustment note.
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Tax adjustment note — subsection 172.1(5)
(3) A person may, on a particular day, issue to a pension entity a note (in this section referred to as a “tax adjustment note”) in respect of all or part of a specified resource, specifying an amount determined in accordance with paragraph (4)(a) (in this section referred to as the “federal component amount” of the tax adjustment note) and an amount determined in accordance with paragraph (4)(b) (in this section referred to as the “provincial component amount” of the tax adjustment note), if
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(a) the person is deemed under paragraph 172.1(5)(b) to have collected tax, on or before the particular day, in respect of a taxable supply of the specified resource or part deemed to have been made by the person under paragraph 172.1(5)(a); (b) a supply of the specified resource or part is deemed to have been received by the pension entity under subparagraph 172.1(5)(d)(i) and tax in respect of that supply is deemed to have been paid under subparagraph 172.1(5)(d)(ii) by the pension entity; and (c) an amount of tax becomes payable, or is paid without having become payable, to the person (otherwise than by the operation of section 172.1) by the pension entity in respect of a taxable supply of the specified resource or part on or before the particular day. Federal and provincial component amounts
(4) For a tax adjustment note issued under subsection (3) on a particular day in respect of a specified resource or part, (a) the federal component amount shall not exceed the amount determined by the formula A–B where A is the lesser of (i) the amount determined for A in the formula in paragraph 172.1(5)(c) in respect of the specified resource or part, and (ii) the total of all amounts, each of which is an amount of tax under subsection 165(1) that became payable,
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or was paid without having become payable, to the person (otherwise than by the operation of section 172.1) by the pension entity in respect of a taxable supply of the specified resource or part on or before the particular day, and B is the total of all amounts, each of which is the federal component amount of another tax adjustment note issued under subsection (3) on or before the particular day in respect of the specified resource or part; and (b) the provincial component amount shall not exceed the amount determined by the formula C–D where C is the lesser of (i) the amount determined for B in the formula in paragraph 172.1(5)(c) in respect of the specified resource or part, and (ii) the total of all amounts, each of which is an amount of tax under subsection 165(2) that became payable, or was paid without having become payable, to the person (otherwise than by the operation of section 172.1) by the pension entity in respect of a taxable supply of the specified resource or part on or before the particular day, and D is the total of all amounts, each of which is the provincial component amount of another tax adjustment note issued under subsection (3) on or before the particular day in respect of the specified resource or part.
Effect of tax adjustment note
(5) If a person issues a tax adjustment note to a pension entity under subsection (3) in respect of all or part of a specified resource, a supply of
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the specified resource or part is deemed to have been received by the pension entity under subparagraph 172.1(5)(d)(i) and tax (in this subsection referred to as “deemed tax”) in respect of that supply is deemed to have been paid on a particular day under subparagraph 172.1(5)(d)(ii) by the pension entity, the following rules apply: (a) the total tax amount of the tax adjustment note may be deducted in determining the net tax of the person for its reporting period that includes the day on which the tax adjustment note is issued; (b) the pension entity shall add, in determining its net tax for its reporting period that includes the day on which the tax adjustment note is issued, the amount determined by the formula A × (B/C) where A is the total of all input tax credits that the pension entity is entitled to claim in respect of the deemed tax, B is (i) if the pension entity was a selected listed financial institution on the particular day, the federal component amount of the tax adjustment note, and (ii) in any other case, the total tax amount of the tax adjustment note, and C is the amount of the deemed tax; (c) if any part of the amount of the deemed tax is an eligible amount of the pension entity for a particular claim period of the pension entity and the pension entity was a qualifying pension entity on the last day of the particular claim period, the pension entity shall pay to the Receiver General, on or before the last day of its claim period that immediately follows its claim period that includes the day on which the tax adjustment note is issued, the amount determined by the formula A × B × (C/D) × [(E – F)/E] where
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A is that part of the amount of the deemed tax, B is 33%, C is (i) if the pension entity was a selected listed financial institution on the particular day, the federal component amount of the tax adjustment note, and (ii) in any other case, the total tax amount of the tax adjustment note, D is the amount of the deemed tax, E is the pension rebate amount of the pension entity for the particular claim period, and F is the total determined for B in the formula in subsection 261.01(2) in respect of the pension entity for the particular claim period; and (d) if any part of the amount of the deemed tax is an eligible amount of the pension entity for a claim period of the pension entity for which an election under any of subsections 261.01(5), (6) or (9) was made jointly by the pension entity and all participating employers of the pension plan that were, for the calendar year that includes the last day of the claim period, qualifying employers of the pension plan, each of those participating employers shall add, in determining its net tax for its reporting period that includes the day on which the tax adjustment note is issued, the amount determined by the formula A × B × (C/D) × (E/F) where A is that part of the amount of the deemed tax, B is 33%, C is (i) if the pension entity was a selected listed financial institution on the particular day, the federal component amount of the tax adjustment note, and
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Jobs and Econ (ii) in any other case, the total tax amount of the tax adjustment note,
D is the amount of the deemed tax, E is the amount of the deduction determined for the participating employer under subsection 261.01(5), paragraph 261.01(6)(b) or subsection 261.01(9), as the case may be, for the claim period, and F is (i) if the pension entity was a selected listed financial institution on the particular day, the total of the pension rebate amount of the pension entity for the claim period and the provincial pension rebate amount of the pension entity for the claim period, and (ii) in any other case, the pension rebate amount of the pension entity for the claim period. Prescribed form and manner
(6) A tax adjustment note issued under subsection (3) shall be issued in prescribed form containing prescribed information and in a manner satisfactory to the Minister.
Notification
(7) If a tax adjustment note is issued under subsection (3) to a pension entity of a pension plan and, as a consequence of that issuance, paragraph (5)(d) applies to a participating employer of the pension plan, the pension entity shall, in prescribed form containing prescribed information and in a manner satisfactory to the Minister, forthwith notify the participating employer of that issuance.
Joint and several liability
(8) If a participating employer of a pension plan is required to add an amount to its net tax under paragraph (5)(d) as a consequence of the issuance of a tax adjustment note under subsection (3) to a pension entity of the pension plan, the participating employer and the pension entity are jointly and severally, or solidarily, liable to pay the amount to the Receiver General.
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Assessment
(9) The Minister may assess a person for any amount for which the person is liable under subsection (8) and, if the Minister sends a notice of assessment, sections 296 to 311 apply, with such modifications as the circumstances require.
Liability where participating employer ceases to exist
(10) If a participating employer of a pension plan has ceased to exist on or before the day on which a tax adjustment note is issued under subsection (3) to a pension entity of the pension plan and the participating employer would have been required, had it not ceased to exist, to add an amount to its net tax under paragraph (5)(d) as a consequence of that issuance, the pension entity shall pay the amount to the Receiver General on or before the last day of its claim period that immediately follows its claim period that includes the day on which the tax adjustment note is issued.
Requirement to maintain records
(11) Despite section 286, every person that issues a tax adjustment note under subsection (3) shall maintain, for a period of six years from the day on which the tax adjustment note was issued, evidence satisfactory to the Minister that the person was entitled to issue the tax adjustment note for the amount for which it was issued.
“Total tax amount”
232.02 (1) In this section, “total tax amount” of a tax adjustment note issued under subsection (2) means the total of the federal component amount and the provincial component amount of the tax adjustment note.
Tax adjustment note — subsection 172.1(6)
(2) A person may, on a particular day, issue to a pension entity a note (in this section referred to as a “tax adjustment note”) in respect of employer resources consumed or used for the purpose of making a supply (in this section referred to as the “actual pension supply”) of property or a service to the pension entity, specifying an amount determined in accordance with paragraph (3)(a) (in this section referred to as the “federal component amount” of the tax adjustment note) and an amount determined in accordance with paragraph (3)(b) (in this section referred to as the “provincial component amount” of the tax adjustment note), if
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(a) the person is deemed under paragraph 172.1(6)(b) to have collected tax, on or before the particular day, in respect of one or more taxable supplies, deemed to have been made by the person under paragraph 172.1(6)(a), of the employer resources; (b) a supply of each of those employer resources is deemed to have been received by the pension entity under subparagraph 172.1(6)(d)(i) and tax in respect of each of those supplies is deemed to have been paid under subparagraph 172.1(6)(d)(ii) by the pension entity; and (c) an amount of tax becomes payable, or is paid without having become payable, to the person (otherwise than by the operation of section 172.1) by the pension entity in respect of the actual pension supply on or before the particular day. Federal and provincial component amounts
(3) For a tax adjustment note issued under subsection (2) on a particular day in respect of employer resources consumed or used for the purpose of making an actual pension supply, (a) the federal component amount shall not exceed the amount determined by the formula A–B where A is the lesser of (a) the total of all amounts, each of which is an amount determined for A in the formula in paragraph 172.1(6)(c) in determining an amount of tax that is in respect of one of those employer resources and that is deemed under paragraph 172.1(6)(b) to have become payable and to have been collected on or before the particular day, and (b) the total of all amounts, each of which is an amount of tax under subsection 165(1) that became payable, or was paid without having become payable, to the person (otherwise than by the operation of section 172.1) by the pension entity in respect of the actual pension supply on or before the particular day, and
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B is the total of all amounts, each of which is the federal component amount of another tax adjustment note issued under subsection (2) on or before the particular day in respect of employer resources consumed or used for the purpose of making the actual pension supply; and (b) the provincial component amount shall not exceed the amount determined by the formula C–D where C is the lesser of (a) the total of all amounts, each of which is an amount determined for B in the formula in paragraph 172.1(6)(c) in determining an amount of tax that is in respect of one of those employer resources and that is deemed under paragraph 172.1(6)(b) to have become payable and to have been collected on or before the particular day, and (b) the total of all amounts, each of which is an amount of tax under subsection 165(2) that became payable, or was paid without having become payable, to the person (otherwise than by the operation of section 172.1) by the pension entity in respect of the actual pension supply on or before the particular day; and D is the total of all amounts, each of which is the provincial component amount of another tax adjustment note issued under subsection (2) on or before the particular day in respect of employer resources consumed or used for the purpose of making the actual pension supply.
Effect of tax adjustment note
(4) If a person issues a tax adjustment note to a pension entity under subsection (2) in respect of particular employer resources consumed or used for the purpose of making an actual
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pension supply, a supply of each of those particular employer resources (each of which in this subsection is referred to as a “particular supply”) is deemed to have been received by the pension entity under subparagraph 172.1(6)(d)(i) and tax (in this subsection referred to as “deemed tax”) in respect of each of the particular supplies is deemed to have been paid under subparagraph 172.1(6)(d)(ii) by the pension entity, the following rules apply: (a) the total tax amount of the tax adjustment note may be deducted in determining the net tax of the person for its reporting period that includes the day on which the tax adjustment note is issued; (b) the pension entity shall add, in determining its net tax for its reporting period that includes the day on which the tax adjustment note is issued, the amount determined by the formula A × (B/C) where A is the total of all amounts, each of which is the total of all input tax credits that the pension entity is entitled to claim in respect of deemed tax in respect of a particular supply, B is (i) if the pension entity was a selected listed financial institution on the particular day that is the first day on which an amount of deemed tax is deemed to have been paid, the federal component amount of the tax adjustment note, and (ii) in any other case, the total tax amount of the tax adjustment note, and C is the total of all amounts, each of which is an amount of deemed tax in respect of a particular supply; (c) for each particular claim period of the pension entity for which any part of an amount of deemed tax in respect of a particular supply is an eligible amount of the pension entity and for which the pension entity was a qualifying pension entity on the
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last day of the particular claim period, the pension entity shall pay to the Receiver General, on or before the last day of its claim period that immediately follows its claim period that includes the day on which the tax adjustment note is issued, the amount determined by the formula A × B × (C/D) × [(E – F)/E] where A is the total of all amounts, each of which is the part of an amount of deemed tax in respect of a particular supply that is an eligible amount of the pension entity for the particular claim period, B is 33%, C is (i) if the pension entity was a selected listed financial institution on the particular day referred to in paragraph (b), the federal component amount of the tax adjustment note, and (ii) in any other case, the total tax amount of the tax adjustment note, D is the total of all amounts, each of which is an amount of deemed tax in respect of a particular supply, E is the pension rebate amount of the pension entity for the particular claim period, and F is the total determined for B in the formula in subsection 261.01(2) in respect of the pension entity for the particular claim period; and (d) for each claim period of the pension entity for which any part of an amount of deemed tax in respect of a particular supply is an eligible amount of the pension entity and for which an election under any of subsections 261.01(5), (6) or (9) was made jointly by the pension entity and all participating employers of the pension plan that were, for the calendar year that includes the last day of the claim period, qualifying employers of the pension plan, each of those participating employers shall add, in determining its net
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tax for its reporting period that includes the day on which the tax adjustment note is issued, the amount determined by the formula A × B × (C/D) × (E/F) where A is the total of all amounts, each of which is the part of an amount of deemed tax in respect of a particular supply that is an eligible amount of the pension entity for the claim period, B is 33%, C is (i) if the pension entity was a selected listed financial institution on the particular day referred to in paragraph (b), the federal component amount of the tax adjustment note, and (ii) in any other case, the total tax amount of the tax adjustment note, D is the total of all amounts, each of which is an amount of deemed tax in respect of a particular supply, E is the amount of the deduction determined for the participating employer under subsection 261.01(5), paragraph 261.01(6)(b) or subsection 261.01(9), as the case may be, for the claim period, and F is (i) if the pension entity was a selected listed financial institution on the particular day referred to in paragraph (b), the total of the pension rebate amount of the pension entity for the claim period and the provincial pension rebate amount of the pension entity for the claim period, and (ii) in any other case, the pension rebate amount of the pension entity for the claim period. Prescribed form and manner
(5) A tax adjustment note issued under subsection (2) shall be issued in prescribed form containing prescribed information and in a manner satisfactory to the Minister.
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Notification
(6) If a tax adjustment note is issued under subsection (2) to a pension entity of a pension plan and, as a consequence of that issuance, paragraph (4)(d) applies to a participating employer of the pension plan, the pension entity shall, in prescribed form containing prescribed information and in a manner satisfactory to the Minister, forthwith notify the participating employer of that issuance.
Joint and several liability
(7) If a participating employer of a pension plan is required to add an amount to its net tax under paragraph (4)(d) as a consequence of the issuance of a tax adjustment note under subsection (2) to a pension entity of the pension plan, the participating employer and the pension entity are jointly and severally, or solidarily, liable to pay the amount to the Receiver General.
Assessment
(8) The Minister may assess a person for any amount for which the person is liable under subsection (7) and, if the Minister sends a notice of assessment, sections 296 to 311 apply, with such modifications as the circumstances require.
Liability where participating employer ceases to exist
(9) If a participating employer of a pension plan has ceased to exist on or before the day on which a tax adjustment note is issued under subsection (2) to a pension entity of the pension plan and the participating employer would have been required, had it not ceased to exist, to add an amount to its net tax under paragraph (4)(d) as a consequence of that issuance, the pension entity shall pay the amount to the Receiver General on or before the last day of its claim period that immediately follows its claim period that includes the day on which the tax adjustment note is issued.
Requirement to maintain records
(10) Despite section 286, every person that issues a tax adjustment note under subsection (2) shall maintain, for a period of six years from the day on which the tax adjustment note was issued, evidence satisfactory to the Minister that the person was entitled to issue the tax adjustment note for the amount for which it was issued. (2) Subsection (1) is deemed to have come into force on September 23, 2009.
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72. (1) The Act is amended by adding the following after section 236.4: First and second variant years
236.5 (1) For the purposes of this section, a fiscal year of a network seller in respect of which an approval granted under 178(5) is in effect is (a) the first variant year of the network seller if the network seller (i) fails to meet the condition referred to in paragraph 178(2)(c) in respect of the fiscal year, and (ii) meets the condition referred to in paragraph 178(2)(c) for each fiscal year of the network seller, in respect of which an approval granted under 178(5) is in effect, preceding the fiscal year; and (b) the second variant year of the network seller if (i) the fiscal year is after the first variant year of the network seller, (ii) the network seller fails to meet the condition referred to in paragraph 178(2)(c) in respect of the fiscal year, and (iii) the network seller meets the condition referred to in paragraph 178(2)(c) for each fiscal year (other than the first variant year) of the network seller, in respect of which an approval granted under 178(5) is in effect, preceding the fiscal year.
Adjustment by network seller if conditions not met
(2) Subject to subsections (3) and (4), if a network seller fails to satisfy any condition referred to in paragraphs 178(2)(a) to (c) for a fiscal year of the network seller in respect of which an approval granted under subsection 178(5) is in effect and, at any time during the fiscal year, a network commission would, if this Part were read without reference to subsection 178(7), become payable by the network seller to a sales representative of the network seller as consideration for a taxable supply (other than a zero-rated supply) made in Canada by the sales representative, the network seller shall, in determining the net tax for the first reporting period of the network seller following the fiscal year, add an amount equal to interest, at the
Emploi et croissa prescribed rate, on the total amount of tax that would be payable in respect of the taxable supply if tax were payable in respect of the taxable supply, computed for the period beginning on the earliest day on which consideration for the taxable supply is paid or becomes due and ending on the day on or before which the network seller is required to file a return for the reporting period that includes that earliest day.
No adjustment for first variant year
(3) In determining the net tax for the first reporting period of a network seller following the first variant year of the network seller, the network seller is not required to add an amount in accordance with subsection (2) if (a) the network seller satisfies the conditions referred to in paragraphs 178(2)(a) and (b) for the first variant year and for each fiscal year, in respect of which an approval granted under subsection 178(5) is in effect, preceding the first variant year; and (b) the network seller would meet the condition referred to in paragraph 178(2)(c) for the first variant year if the reference in that paragraph to “all or substantially all” were read as a reference to “at least 80%”.
No adjustment for second variant year
(4) In determining the net tax for the first reporting period of the network seller following the second variant year of the network seller, the network seller is not required to add an amount in accordance with subsection (2) if (a) the network seller satisfies the conditions referred to in paragraphs 178(2)(a) and (b) for the second variant year and for each fiscal year, in respect of which an approval granted under subsection 178(5) is in effect, preceding the second variant year; (b) the network seller would meet the condition referred to in paragraph 178(2)(c) for each of the first variant year and the second variant year if the reference in that paragraph to “all or substantially all” were read as a reference to “at least 80%”; and (c) within 180 days after the beginning of the second variant year, the network seller requests in writing that the Minister revoke the approval.
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Adjustment by network seller due to notification failure
(5) If, at any time after an approval granted under subsection 178(5) in respect of a network seller and each of its sales representatives ceases to have effect as a consequence of a revocation under subsection 178(11) or (12), a network commission would, if this Part were read without reference to subsection 178(7), become payable as consideration for a taxable supply (other than a zero-rated supply) made in Canada by a sales representative of the network seller that has not been notified, as required under paragraph 178(13)(b), of the revocation and an amount is not charged or collected as, or on account of, tax in respect of the taxable supply, the network seller shall, in determining the net tax for the particular reporting period of the network seller that includes the earliest day on which consideration for the taxable supply is paid or becomes due, add an amount equal to interest, at the prescribed rate, on the total amount of tax that would be payable in respect of the taxable supply if tax were payable in respect of the taxable supply, computed for the period beginning on that earliest day and ending on the day on or before which the network seller is required to file a return for the particular reporting period.
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(2) Subsection (1) applies in respect of any fiscal year of a person that begins on or after January 1, 2010, except that, if the person makes an application in accordance with paragraph 59(2)(a) in respect of a qualifying period (as defined in paragraph 59(2)(c)), for the purposes of applying subsections 236.5(1) to (4) of the Act, as enacted by subsection (1), each reference in those subsections to “fiscal year” is to be read, in respect of a fiscal year of the person that begins in 2010, as a reference to “qualifying period”. 1996, c. 21, s. 66(1)
73. (1) Paragraph 238(1)(a) of the Act is replaced by the following: (a) where the registrant’s reporting period is or would, in the absence of subsection 251(1), be the fiscal year, (i) if the registrant institution described graphs 149(1)(a)(i) months after the end
is a listed financial in any of subparato (x), within six of the year,
Emploi et croissa (ii) if subparagraph (i) does not apply, the registrant is an individual, the fiscal year is a calendar year and, for the purposes of the Income Tax Act, the individual carried on a business in the year and the filing-due date of the individual for the year is June 15 of the following year, on or before that day, and (iii) in any other case, within three months after the end of the year; and
1997, c. 10, s. 217(1)
(2) The portion of subsection 238(2.1) of the English version of the Act before paragraph (a) is replaced by the following:
Filing by certain selected listed financial institutions
(2.1) Despite paragraph (1)(b) and subsection (2), if a selected listed financial institution’s reporting period is a fiscal month or fiscal quarter, the financial institution shall
1997, c. 10, s. 217(1)
(3) Paragraph 238(2.1)(b) of the Act is replaced by the following: (b) file a final return for the period with the Minister within six months after the end of the fiscal year in which the period ends. (4) Subsections (1) and (3) apply in respect of reporting periods in any fiscal year that begins after September 23, 2009. 74. (1) Section 242 of the Act is amended by adding the following after subsection (2.2):
Request for cancellation
(2.3) If, at any time when an approval granted under subsection 178(5) in respect of a network seller (as defined in subsection 178(1)) and each of its sales representatives (as defined in that subsection) is in effect, a sales representative of the network seller would be a small supplier if the approval had been in effect at all times before that time and the sales representative files with the Minister in prescribed manner a request, in prescribed form containing prescribed information, to have the registration of the sales representative cancelled, the Minister shall cancel the registration of the sales representative.
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(2) Subsection (1) is deemed to have come into force on January 1, 2010. 2000, c. 30, s. 77(1)
75. (1) The definition “multi-employer plan” in subsection 261.01(1) of the Act is repealed. (2) Subsection 261.01(1) of the Act is amended by adding the following in alphabetical order:
“active member” « participant actif »
“eligible amount” « montant admissible »
“active member” has the meaning assigned by subsection 8500(1) of the Income Tax Regulations. “eligible amount” of a pension entity for a claim period of the pension entity means an amount of tax, other than a recoverable amount in respect of the claim period, that (a) became payable by the pension entity during the claim period, or was paid by the pension entity during the claim period without having become payable, in respect of a supply, importation or bringing into a participating province of property or a service that the pension entity acquired, imported or brought into the participating province, as the case may be, for consumption, use or supply in respect of a pension plan, other than an amount of tax that (i) is deemed to have been paid by the pension entity under this Part (other than section 191), (ii) became payable, or was paid without having become payable, by the pension entity at a time when it was entitled to claim a rebate under section 259, (iii) was payable under subsection 165(1), or is deemed under section 191 to have been paid, by the pension entity in respect of a taxable supply to the pension entity of a residential complex, an addition to a residential complex or land if, in respect of that supply, the pension entity was entitled to claim a rebate under section 256.2 or would be so entitled after paying the tax payable in respect of that supply, or
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(iv) if the pension entity is a selected listed financial institution throughout the claim period, was payable under any of subsection 165(2), sections 212.1 and 218.1 and Division IV.1; or (b) is deemed to have been paid by the pension entity under section 172.1 during the claim period. “non-qualifying pension entity” « entité de gestion non admissible »
“participating employer” « employeur participant »
“pension contribution” « cotisation »
“non-qualifying pension entity” means a pension entity that is not a qualifying pension entity. “participating employer” has the meaning assigned by subsection 172.1(1). “pension contribution” means a contribution by a person to a pension plan that may be deducted by the person under paragraph 20(1)(q) of the Income Tax Act in computing its income.
“pension entity” « entité de gestion »
“pension entity” has the meaning assigned by subsection 172.1(1).
“pension plan” « régime de pension »
“pension plan” has the meaning assigned by subsection 172.1(1).
“pension rebate amount” « montant de remboursement de pension »
“pension rebate amount” of a pension entity for a claim period of the pension entity means the amount determined by the formula A×B where A is 33%; and B is the total of all amounts each of which is an eligible amount of the pension entity for the claim period.
“provincial pension rebate amount” « montant de remboursement de pension provincial »
“provincial pension rebate amount” of a pension entity for a claim period of the pension entity in a fiscal year that ends in a taxation year of the pension entity means the amount equal to
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(a) if the pension entity is a selected listed financial institution throughout the claim period, the total of all amounts, each of which is determined for a participating province by the formula A × B × C/D where A is the pension rebate amount of the pension entity for the claim period, B is the pension entity’s percentage for the participating province for the taxation year for the purposes of C in the formula in subsection 225.2(2), C is the tax rate for the participating province, and D is the rate set out in subsection 165(1); and (b) in any other case, zero. “qualifying employer” « employeur admissible »
“qualifying employer” of a pension plan for a calendar year means a participating employer of the pension plan that is a registrant and that (a) if pension contributions were made to the pension plan in the immediately preceding calendar year, made pension contributions to the pension plan in that year; and (b) in any other case, was the employer of one or more active members of the pension plan in the immediately preceding calendar year.
“qualifying pension entity” « entité de gestion admissible »
“qualifying pension entity” means a pension entity of a pension plan other than a pension plan in respect of which (a) listed financial institutions made 10% or more of the total pension contributions to the pension plan in the last preceding calendar year in which pension contributions were made to the pension plan; or (b) it can reasonably be expected that listed financial institutions will make 10% or more of the total pension contributions to the pension plan in the next calendar year in which pension contributions will be required to be made to the pension plan.
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2010 “recoverable amount” « montant recouvrable »
“recoverable amount” in respect of a claim period of a person means an amount of tax (a) that is included in determining an input tax credit of the person for the claim period; (b) for which it can reasonably be regarded that the person has obtained or is entitled to obtain a rebate, refund or remission under any other section of this Act or under any other Act of Parliament; or (c) that can reasonably be regarded as having been included in an amount adjusted, refunded or credited to or in favour of the person for which a credit note referred to in subsection 232(3) has been received by the person or a debit note referred to in that subsection has been issued by the person.
“tax recovery rate” « taux de recouvrement de taxe »
“tax recovery rate” of a person for a fiscal year of the person means the lesser of (a) 100%; and (b) the amount (expressed as a percentage) determined by the formula (A + B) / C where A is the total of all amounts, each of which is (i) if the person is a selected listed financial institution at any time in the fiscal year, an input tax credit of the person, in respect of an amount of tax under any of subsection 165(1) and sections 212, 218 and 218.01, for a reporting period of the person included in the fiscal year, and (ii) in any other case, an input tax credit of the person for a reporting period of the person included in the fiscal year, B is the total of all amounts, each of which is (i) if the person is a selected listed financial institution at any time in the fiscal year, a rebate to which the person is entitled under section 259, in respect of an amount of tax under any of
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Jobs and Econ subsection 165(1) and sections 212, 218 and 218.01, for a claim period of the person included in the fiscal year, and (ii) in any other case, a rebate to which the person is entitled under section 259 for a claim period of the person included in the fiscal year, and
C is the total of all amounts, each of which is (i) if the person is a selected listed financial institution at any time in the fiscal year, an amount of tax under any of subsection 165(1) and sections 212, 218 and 218.01 that became payable, or was paid without having become payable, by the person during the fiscal year, and (ii) in any other case, an amount of tax that became payable, or was paid without having become payable, by the person during the fiscal year.
2000, c. 30, s. 77(1); 2001, c. 15, s. 17(1)
(3) Subsections 261.01(2) to (5) of the Act are replaced by the following:
Rebate for qualifying pension entities
(2) If a pension entity is a qualifying pension entity on the last day of a claim period of the pension entity, the Minister shall pay a rebate to the pension entity for the claim period equal to the amount determined by the formula A–B where A is the pension rebate amount of the pension entity for the claim period; and B is the total of all amounts, each of which is an amount (a) determined by the formula C×D
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2010 where
C is an amount determined for A in the formula in subsection (5) for a qualifying employer as a consequence of an election made under that subsection for the claim period, and D is the percentage specified for the qualifying employer in the election, or (b) determined under paragraph (6)(a) in respect of a qualifying employer as a consequence of an election made under subsection (6) for the claim period. Application for rebate
(3) A rebate under subsection (2) shall not be paid for a claim period of a pension entity, unless the pension entity files an application for the rebate within two years after the day that is (a) if the pension entity is a registrant, the day on or before which the pension entity is required to file a return under Division V for the claim period; and (b) in any other case, the last day of the claim period.
Limitation
(4) A pension entity shall not make more than one application for a rebate under subsection (2) for any claim period of the pension entity.
Election to share rebate — engaged exclusively in commercial activities
(5) If a pension entity of a pension plan is a qualifying pension entity on the last day of a claim period of the pension entity, the pension entity makes an election for the claim period jointly with all persons that are, for the calendar year that includes the last day of the claim period, qualifying employers of the pension plan and each of those qualifying employers is engaged exclusively in commercial activities throughout the claim period, each of those qualifying employers may deduct in determining its net tax for the reporting period that includes the day on which the election is filed with the Minister an amount determined by the formula (A + B) × C where A is the pension rebate amount of the pension entity for the claim period;
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B is the provincial pension rebate amount of the pension entity for the claim period; and C is the percentage specified for the qualifying employer in the election.
Election to share rebate — not engaged exclusively in commercial activities
(6) If a pension entity of a pension plan is a qualifying pension entity on the last day of a claim period of the pension entity, the pension entity makes an election for the claim period jointly with all persons that are, for the calendar year that includes the last day of the claim period, qualifying employers of the pension plan and any of those qualifying employers is not engaged exclusively in commercial activities throughout the claim period, the following rules apply: (a) an amount (in this subsection referred to as a “shared portion”) shall be determined for the purposes of this section in respect of each of those qualifying employers by the formula A×B×C where A is the pension rebate amount of the pension entity for the claim period, B is the percentage specified for the qualifying employer in the election, and C is (i) in the case where pension contributions were made to the pension plan in the calendar year that immediately precedes the calendar year that includes the last day of the claim period (in this paragraph referred to as the “preceding calendar year”), the amount determined by the formula D/E where D is the total of all amounts, each of which is a pension contribution made by the qualifying employer to the pension plan in the preceding calendar year, and
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E is the total of all amounts, each of which is a pension contribution made to the pension plan in the preceding calendar year, (ii) in the case where subparagraph (i) does not apply and one or more qualifying employers of the pension plan was the employer of one or more active members of the pension plan in the preceding calendar year, the amount determined by the formula F/G where F is the total number of employees of the qualifying employer in the preceding calendar year who were active members of the pension plan in that year, and G is the sum of the total number of employees of each of those qualifying employers in the preceding calendar year who were active members of the pension plan in that year, and (iii) in any other case, zero; and (b) each of those qualifying employers may deduct in determining its net tax for the reporting period that includes the day on which the election is filed with the Minister an amount determined by the formula (A + B) × C where A is the shared portion in respect of the qualifying employer as determined under paragraph (a), B is the amount determined by the formula D×E×F where D is the provincial pension rebate amount of the pension entity for the claim period,
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C is the tax recovery rate of the qualifying employer for the fiscal year of the qualifying employer that ended on or before the last day of the claim period. Engaged exclusively in commercial activities
(7) For the purposes of subsections (5) and (6), a qualifying employer of a pension plan is engaged exclusively in commercial activities throughout a claim period of a pension entity of the pension plan if (a) in the case of a qualifying employer that is a financial institution at any time in the claim period, all of the activities of the qualifying employer for the claim period are commercial activities; and (b) in any other case, all or substantially all of the activities of the qualifying employer for the claim period are commercial activities.
Form and manner of filing
(8) An election made under subsection (5) or (6) by a pension entity of a pension plan and the qualifying employers of the pension plan shall (a) be made in prescribed form containing prescribed information; (b) be filed by the pension entity with the Minister in prescribed manner at the same time the application for the rebate under subsection (2) for the claim period is filed by the pension entity; (c) in the case of an election under subsection (5), indicate the percentage specified for each qualifying employer, the total of which for all qualifying employers shall not exceed 100%; and (d) in the case of an election under subsection (6), indicate for each qualifying employer the percentage specified for the qualifying employer, which shall not exceed 100%.
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Non-qualifying pension entities
(9) If a pension entity of a pension plan is a non-qualifying pension entity on the last day of a claim period of the pension entity and the pension entity makes an election for the claim period jointly with all persons that are, for the calendar year that includes the last day of the claim period, qualifying employers of the pension plan, each of those qualifying employers may deduct in determining its net tax for the reporting period that includes the day on which the election is filed with the Minister the amount determined by the formula (A + B) × C × D where A is the pension rebate amount of the pension entity for the claim period; B is the provincial pension rebate amount of the pension entity for the claim period; C is (a) in the case where pension contributions were made to the pension plan in the calendar year (in this subsection referred to as the “preceding calendar year”) that immediately precedes the calendar year that includes the last day of the claim period, the amount determined by the formula E/F where E is the total of all amounts, each of which is a pension contribution made by the qualifying employer to the pension plan in the preceding calendar year, and F is the total of all amounts, each of which is a pension contribution made to the pension plan in the preceding calendar year,
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Jobs and Econ (b) in the case where subparagraph (a) does not apply and one or more qualifying employers of the pension plan was the employer of one or more active members of the pension plan in the preceding calendar year, the amount determined by the formula G/H where G is the total number of employees of the qualifying employer in the preceding calendar year who were active members of the pension plan in that year, and H is the sum of the total number of employees of each of those qualifying employers in the preceding calendar year who were active members of the pension plan in that year, and (c) in any other case, zero; and
D is the tax recovery rate of the qualifying employer for the fiscal year of the qualifying employer that ended on or before the last day of the claim period. Form and manner of filing
(10) An election made under subsection (9) for a claim period of a pension entity shall (a) be made in prescribed form containing prescribed information; and (b) be filed by the pension entity with the Minister in prescribed manner within two years after the day that is (i) if the pension entity is a registrant, the day on or before which the pension entity is required to file a return under Division V for the claim period, and (ii) in any other case, the last day of the claim period.
Limitation
(11) Not more than one election under subsection (9) shall be filed for a claim period of a pension entity.
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2010 Joint and several liability
(12) If, in determining the net tax for a reporting period of a qualifying employer of a pension plan, the qualifying employer deducts an amount under subsection (5), paragraph (6)(b) or subsection (9) and either the qualifying employer or the pension entity of the pension plan knows or ought to know that the qualifying employer is not entitled to the amount or that the amount exceeds the amount to which the qualifying employer is entitled, the qualifying employer and the pension entity are jointly and severally, or solidarily, liable to pay the amount or excess to the Receiver General. (4) Subsections (1) to (3) apply in respect of any claim period of a pension entity beginning on or after September 23, 2009, except that for the purposes of determining a provincial pension rebate amount of a pension entity for a claim period of the pension entity that begins before July 1, 2010 and ends on or after that day, the formula in paragraph (a) of the definition “provincial pension rebate amount” in subsection 261.01(1) of the Act and the descriptions in that formula, as enacted by subsection (2), shall be read as follows: A × B × C/D x (E – F)/E where A is the pension rebate amount of the pension entity for the claim period, B is the pension entity’s percentage for the participating province for the taxation year for the purposes of C in the formula in subsection 225.2(2), C is the tax rate for the participating province, D is the rate set out in subsection 165(1), E is the number of days in the claim period, and F is (i) if the participating province is Ontario or British Columbia, the number of days in the claim period that are before July 1, 2010, and (ii) in any other case, zero; and
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76. (1) The Act is amended by adding the following after section 273.1: Subdivision b.3 Information Return for Financial Institutions Definitions
273.2 (1) The following definitions apply in this section and section 284.1.
“actual amount” « montant réel »
“actual amount” means any amount that is required to be reported in an information return that a person is required to file under subsection (3) for a fiscal year of the person and that is (a) a tax amount for the fiscal year or a previous fiscal year of the person; or (b) an amount calculated using only tax amounts for the fiscal year or a previous fiscal year of the person, unless all of those tax amounts are required to be reported in the information return.
“tax amount” « montant de taxe »
“tax amount” for a fiscal year of a person means an amount that (a) is tax paid or payable (other than tax paid or payable under Division II), or is tax that is deemed under this Part to have been paid or become payable, by the person at any time during the fiscal year; (b) became collectible or was collected, or is deemed under this Part to have become collectible or to have been collected, by the person as or on account of tax under Division II in a reporting period of the person in the fiscal year; (c) is an input tax credit for a reporting period of the person in the fiscal year; (d) is an amount that is required to be added or that may be deducted in determining net tax for a reporting period of the person in the fiscal year; or
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(e) is required under this Part to be used in calculating or determining any amount described in paragraph (b) or (d), other than (i) an amount that is consideration for a supply, (ii) an amount that is the value of property or a service, or (iii) a percentage.
Reporting institution
(2) For the purposes of this section and section 284.1, a person, other than a prescribed person or a person of a prescribed class, is a reporting institution throughout a fiscal year of the person if (a) the person is a financial institution at any time in the fiscal year; (b) the person is a registrant at any time in the fiscal year; and (c) the total of all amounts each of which is an amount included in computing, for the purposes of the Income Tax Act, the person’s income, or, if the person is an individual, the person’s income from a business, for the last taxation year of the person that ends in the fiscal year, exceeds the amount determined by the formula $1,000,000 × A/365 where A is the number of days in the taxation year.
Information return for reporting institution
(3) A reporting institution shall file an information return with the Minister for a fiscal year of the reporting institution in prescribed form containing prescribed information on or before the day that is six months after the end of the fiscal year.
Estimates
(4) Every reporting institution that is required to report, in an information return filed under subsection (3), an amount (other than an
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actual amount) that is not reasonably ascertainable at the time on or before which the information return is required to be filed shall provide a reasonable estimate of the amount in the information return. Ministerial exemption
(5) The Minister may exempt any reporting institution or class of reporting institutions from the requirement, under subsection (3), to provide any prescribed information or may allow any reporting institution or class of reporting institutions to provide a reasonable estimate of any actual amount that is required to be reported in an information return under that subsection. (2) Subsection (1) applies in respect of fiscal years of a person that begin after 2007.
1990, c. 45, s. 12(1)
77. The portion of subsection 281(2) of the Act before paragraph (a) is replaced by the following:
Effect of extension
(2) If the Minister extends the time within which a return of a person is to be filed or information is to be provided by a person, 78. (1) The Act is amended by adding the following after section 284.01:
Failure to report actual amounts
284.1 (1) In addition to any other penalty under this Part, every reporting institution that fails to report an actual amount (other than an actual amount for which the reporting institution is allowed to provide a reasonable estimate pursuant to subsection 273.2(5)) when and as required in an information return required to be filed under subsection 273.2(3), or that misstates such an actual amount in the information return, and that does not exercise due diligence in attempting to report the actual amount is liable to a penalty, for each such failure or misstatement, equal to the lesser of $1,000 and 1% of the absolute value of the difference between the actual amount and (a) if the reporting institution failed to report the actual amount when and as required, zero; or
Emploi et croissa (b) if the reporting institution misstated the actual amount, the amount reported by the reporting institution in the information return.
Failure to provide reasonable estimates
(2) In addition to any other penalty under this Part, every reporting institution that fails to provide a reasonable estimate for an amount that is not an actual amount, or for an actual amount for which the reporting institution is allowed to provide a reasonable estimate pursuant to subsection 273.2(5), when and as required in an information return required to be filed under subsection 273.2(3) for a fiscal year and that does not exercise due diligence in attempting to report such a reasonable estimate is liable to a penalty, for each such failure, equal to the lesser of $1,000 and 1% of the total of (a) all amounts, each of which is an amount that became collectible by the reporting institution, or that was collected by the reporting institution, as or on account of tax under Division II in a reporting period in the fiscal year; and (b) all amounts, each of which is an amount that the reporting institution claimed as an input tax credit in a return under Division V filed by the reporting institution for a reporting period in the fiscal year.
Waiving or cancelling penalties
(3) The Minister may waive or cancel all or any portion of a penalty payable under this section. (2) Subsections 284.1(1) and (2) of the Act, as enacted by subsection (1), apply in respect of any amount required to be reported in an information return required under the Act to be filed on or before a particular day that is after June 29, 2010, except that if the particular day is on or before the day on which this Act is assented to, those subsections only apply if the amount is not reported
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in an information return filed on or before the day that is six months after the day on which this Act is assented to.
1997, c. 10, s. 79(2)
79. (1) Paragraph 298(1)(d) of the Act is replaced by the following: (d) in the case of an assessment of tax payable by the person under Division IV, (i) if the tax is payable under section 218.01 or subsection 218.1(1.2), more than seven years after the later of the day on or before which the person was required to file the return in which that tax was required to be reported and the day the return was filed, and (ii) in any other case, more than four years after the later of the day on or before which the person was required to file the return in which that tax was required to be reported and the day the return was filed; (2) Subsection (1) applies in respect of tax that becomes payable after November 16, 2005. 80. (1) Section 301 of the Act is amended by adding the following after subsection 301(1.2):
Input tax allocation
(1.21) If a financial institution to which subsection (1.2) does not apply objects to an assessment and the objection relates in any manner to the application of section 141.02, the notice of objection shall (a) reasonably describe each issue to be decided in respect of that section; (b) specify in respect of each of those issues the relief sought, expressed as the change in any amount that is relevant for the purposes of the assessment; and (c) provide the facts and reasons relied on by the financial institution in respect of each of those issues.
1997, c. 10, s. 82(2)
(2) Subsection 301(1.3) of the Act is replaced by the following:
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Late compliance
(1.3) Despite subsection (1.2) or (1.21), if a notice of objection filed by a person to which one of those subsections applies does not include the information required by paragraph (1.2)(b) or (c), or (1.21)(b) or (c), as the case may be, in respect of an issue to be decided that is described in the notice, the Minister may in writing request the person to provide the information, and those paragraphs shall be deemed to be complied with in respect of the issue if, within 60 days after the request is made, the person submits the information in writing to the Minister.
1997, c. 10, s. 82(2)
(3) The portion of subsection 301(1.4) of the Act before paragraph (b) is replaced by the following:
Limitation on objections
(1.4) Despite subsection (1.1), if a person to which subsection (1.2) or (1.21) applies has filed a notice of objection to an assessment (in this subsection referred to as the “earlier assessment”) and the Minister makes a particular assessment under subsection (3) pursuant to the notice of objection, except where the earlier assessment was made under subsection 274(8) or in accordance with an order of a court vacating, varying or restoring an assessment or referring an assessment back to the Minister for reconsideration and reassessment, the person may object to the particular assessment in respect of an issue (a) only if the person complied with subsection (1.2) or (1.21) in the notice with respect to that issue; and
1997, c. 10, s. 83(1)
81. The portion of subsection 306.1(1) of the Act before paragraph (b) is replaced by the following:
Limitation on appeals to the Tax Court
306.1 (1) Despite sections 302 and 306, if a person to which subsection 301(1.2) or (1.21) applies has filed a notice of objection to an assessment, the person may appeal to the Tax Court to have the assessment vacated, or a reassessment made, only with respect to (a) an issue in respect of which the person has complied with subsection 301(1.2) or (1.21) in the notice, or
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2009, c. 32, s. 42
82. Subsection 326(3) of the Act is replaced by the following:
Saving
(3) A person that is convicted under this section of failing to comply with a provision of this Part or a regulation made under this Part is not liable to pay a penalty imposed under any of sections 280.1, 280.11 and 283 to 284.1 or under a regulation made under this Part for the same failure, unless a notice of assessment for the penalty was issued before the information or complaint giving rise to the conviction was laid or made.
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83. (1) Section 1 of Part II of Schedule V to the Act is amended by adding the following in alphabetical order: “cosmetic service supply” « fourniture de services esthétiques »
“cosmetic service supply” means a supply of property or a service that is made for cosmetic purposes and not for medical or reconstructive purposes; (2) Subsection (1) applies in respect of (a) a supply made after March 4, 2010; and (b) a supply made on or before that day if (i) all of the consideration for the supply becomes due after March 4, 2010, or is paid after that day without having become due, or (ii) any consideration for the supply became due, or was paid, on or before that day, unless the supplier did not, on or before that day, charge, collect or remit any amount as or on account of tax in respect of the supply under Part IX of the Act.
84. (1) Part II of Schedule V to the Act is amended by adding the following after section 1:
Emploi et croissa 1.1 For the purposes of this Part, other than section 9, a cosmetic service supply and a supply, in respect of a cosmetic service supply, that is not made for medical or reconstructive purposes are deemed not to be included in this Part. (2) Subsection (1) applies in respect of (a) a supply made after March 4, 2010; and (b) a supply made on or before that day if (i) all of the consideration for the supply becomes due after March 4, 2010, or is paid after that day without having become due, or (ii) any consideration for the supply became due, or was paid, on or before that day, unless the supplier did not, on or before that day, charge, collect or remit any amount as or on account of tax in respect of the supply under Part IX of the Act.
2000, c. 30, s. 114(1)
85. (1) Section 2 of Part II of Schedule V to the Act is replaced by the following: 2. A supply of an institutional health care service made by the operator of a health care facility if the institutional health care service is rendered to a patient or resident of the facility. (2) Subsection (1) applies in respect of (a) a supply made after March 4, 2010; and (b) a supply made on or before that day if (i) all of the consideration for the supply becomes due after March 4, 2010, or is paid after that day without having become due, or (ii) any consideration for the supply became due, or was paid, on or before that day, unless the supplier did not, on or before that day, charge, collect or remit any amount as or on account of tax in respect of the supply under Part IX of the Act.
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2008, c. 28, s. 80(1)
86. (1) Section 5 of Part II of Schedule V to the Act is replaced by the following:
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5. A supply of a consultative, diagnostic, treatment or other health care service that is rendered by a medical practitioner to an individual. (2) Subsection (1) applies in respect of (a) a supply made after March 4, 2010; and (b) a supply made on or before that day if (i) all of the consideration for the supply becomes due after March 4, 2010, or is paid after that day without having become due, or (ii) any consideration for the supply became due, or was paid, on or before that day, unless the supplier did not, on or before that day, charge, collect or remit any amount as or on account of tax in respect of the supply under Part IX of the Act.
87. (1) Section 2 of Part VI of Schedule V to the Act is amended by striking out “or” at the end of paragraph (n), by adding “or” at the end of paragraph (o) and by adding the following after paragraph (o): (p) property or a service (i) the supply of which (A) is a cosmetic service supply (as defined in section 1 of Part II of this Schedule), or (B) is in respect of a cosmetic service supply referred to in clause (A) and is not made for medical or reconstructive purposes, and (ii) the supply of which would be included in Part II of this Schedule or Part II of Schedule VI if Part II of this Schedule were read without reference to section 1.1 or
Emploi et croissa Part II of Schedule VI were read without reference to section 1.2, as the case may be.
(2) Subsection (1) applies in respect of (a) a supply made after March 4, 2010; and (b) a supply made on or before that day if (i) all of the consideration for the supply becomes due after March 4, 2010, or is paid after that day without having become due, or (ii) any consideration for the supply became due, or was paid, on or before that day, unless the supplier did not, on or before that day, charge, collect or remit any amount as or on account of tax in respect of the supply under Part IX of the Act.
88. (1) Part II of Schedule VI to the Act is amended by adding the following after section 1.1: 1.2. For the purposes of this Part, a cosmetic service supply (as defined in section 1 of Part II of Schedule V) and a supply, in respect of a cosmetic service supply, that is not made for medical or reconstructive purposes are deemed not to be included in this Part. (2) Subsection (1) applies in respect of (a) a supply made after March 4, 2010; and (b) a supply made on or before that day if (i) all of the consideration for the supply becomes due after March 4, 2010, or is paid after that day without having become due, or (ii) any consideration for the supply became due, or was paid, on or before that day, unless the supplier did not, on or before that day, charge, collect or
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remit any amount as or on account of tax in respect of the supply under Part IX of the Act. 2008, c. 28, s. 92(1)
89. (1) Section 34 of Part II of Schedule VI to the Act is replaced by the following: 34. A supply of a service (other than a service the supply of which is included in any provision of Part II of Schedule V except section 9 of that Part) of installing, maintaining, restoring, repairing or modifying a property the supply of which is included in any of sections 2 to 32 and 37 to 41 of this Part, or any part for such a property if the part is supplied in conjunction with the service. (2) Subsection (1) applies in respect of (a) a supply made after March 4, 2010; and (b) a supply made on or before that day if (i) all of the consideration for the supply becomes due after March 4, 2010, or is paid after that day without having become due, or (ii) any consideration for the supply became due, or was paid, on or before that day, unless the supplier did not, on or before that day, charge, collect or remit any amount as or on account of tax in respect of the supply under Part IX of the Act.
SOR/91-23; SOR/2002-277, s. 2 SOR/94-368, s. 4(F)
HEALTH CARE SERVICES (GST/HST) REGULATIONS 90. (1) The portion of section 2 of the Health Care Services (GST/HST) Regulations before paragraph (a) is replaced by the following: 2. For the purposes of section 10 of Part II of Schedule V to the Excise Tax Act, the following services are prescribed: (2) Subsection (1) applies in respect of
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(a) a supply made after March 4, 2010; and (b) a supply made on or before that day if (i) all of the consideration for the supply becomes due after March 4, 2010, or is paid after that day without having become due, or (ii) any consideration for the supply became due, or was paid, on or before that day, unless the supplier did not, on or before that day, charge, collect or remit any amount as or on account of tax in respect of the supply under Part IX of the Act. INPUT TAX CREDIT ALLOCATION METHODS (GST/HST) REGULATIONS Making of Regulations Making
91. The Input Tax Credit Allocation Methods (GST/HST) Regulations are made as follows: INPUT TAX CREDIT ALLOCATION METHODS (GST/HST) REGULATIONS
Interpretation
“Act” « Loi »
“bank” « banque »
“insurer” « assureur »
“securities dealer” « courtier en valeurs mobilières »
1. The definitions in this section apply in these Regulations. “Act” means the Excise Tax Act. “bank” in respect of a fiscal year does not include a person that is at any time in the fiscal year an insurer. “insurer” in respect of a fiscal year means a person that is an insurer (as defined in subsection 123(1) of the Act) and that carries on at any time in the fiscal year an insurance business as the principal business of the person in Canada. “securities dealer” in respect of a fiscal year means a person that
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(a) carries on at any time in the fiscal year a business as a trader or dealer in, or as a broker or salesperson of, securities as the principal business of the person in Canada; (b) is registered under the laws of Canada or a province to carry on in Canada at any time in the fiscal year a business as a trader or dealer in, or as a broker or salesperson of, securities; and (c) is not a bank or an insurer at any time in the fiscal year. Prescribed classes
2. The following classes of financial institutions are prescribed for the purposes of the definition “qualifying institution” in subsection 141.02(1) of the Act and for the purposes of subsections 141.02(3), (8), (9), (24) and (30) of the Act: (a) banks; (b) insurers; and (c) securities dealers.
Prescribed amounts
3. The following amounts are prescribed for the purposes of the definition “qualifying institution” in subsection 141.02(1) of the Act and for the purposes of subsection 141.02(24) of the Act: (a) in the case of banks, $500,000; (b) in the case of insurers, $500,000; and (c) in the case of securities dealers, $500,000.
Prescribed percentages
4. The following percentages are prescribed for the purposes of the definition “qualifying institution” in subsection 141.02(1) of the Act and for the purposes of subsections 141.02(8), (9) and (30) of the Act: (a) in the case of banks, 12%; (b) in the case of insurers, 10%; and (c) in the case of securities dealers, 15%. Coming into Force
April 1, 2007
92. The Input Tax Credit Allocation Methods (GST/HST) Regulations, as made by section 91, are deemed to have come into force on April 1, 2007.
2010 SOR/2006-229
Emploi et croissa INTEREST RATES (EXCISE ACT, 2001) REGULATIONS 93. (1) Paragraph 2(2)(b) of the Interest Rates (Excise Act, 2001) Regulations is replaced by the following: (b) if the person is a corporation, 0%, and in any other case, 2%.
(2) Subsection (1) comes into force, or is deemed to have come into force, on July 1, 2010. SOR/2006-230
INTEREST RATES (EXCISE TAX ACT) REGULATIONS 94. (1) Paragraph 2(b) of the Interest Rates (Excise Tax Act) Regulations is replaced by the following: (b) in the case of interest to be paid or applied on an amount payable by the Minister to a person (other than a corporation), the sum of the basic rate in respect of the particular quarter and 2%; (b.1) in the case of interest to be paid or applied on an amount payable by the Minister to a corporation, the basic rate in respect of the particular quarter; and (2) Subsection (1) comes into force, or is deemed to have come into force, on July 1, 2010. COORDINATING AMENDMENT
2009, c. 32
95. (1) In this section, “other Act” means An Act to amend the Excise Tax Act, chapter 32 of the Statutes of Canada, 2009. (2) If this Act receives royal assent on a day that is before July 1, 2010, then on that day, subparagraphs 218.1(1)(b)(ii) and (iii) of the Excise Tax Act, as enacted by section 14 of the other Act, are replaced by the following: (ii) is the recipient of a supply, included in any of paragraphs (b.1) to (b.3) of the definition “imported taxable supply” in
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section 217, of property that is delivered or made available to the person in a particular participating province and is either resident in that province or is a registrant, or (iii) is the recipient of a supply that is included in paragraph (c.1), (d) or (e) of the definition “imported taxable supply” in section 217 and that is made in a particular participating province (3) If this Act receives royal assent on July 1, 2010, then (a) this Act is deemed to have received royal assent at a particular time that is immediately before the time on which section 14 of the other Act comes into force; and (b) at the particular time referred to in paragraph (a), subparagraphs 218.1(1)(b)(ii) and (iii) of the Excise Tax Act, as enacted by section 14 of the other Act, are replaced by the following: (ii) is the recipient of a supply, included in any of paragraphs (b.1) to (b.3) of the definition “imported taxable supply” in section 217, of property that is delivered or made available to the person in a particular participating province and is either resident in that province or is a registrant, or (iii) is the recipient of a supply that is included in paragraph (c.1), (d) or (e) of the definition “imported taxable supply” in section 217 and that is made in a particular participating province (4) If this Act receives royal assent after July 1, 2010, then (a) subsection 64(1) of this Act is deemed never to have come into force and is repealed; (b) subsection 64(5) of this Act shall be read as follows: (5) Subsections (2) and (4) apply to any specified year of a person that ends after November 16, 2005.
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(c) for a specified year of a person that ends after November 16, 2005, subsection 218.1(1) of the Excise Tax Act shall, before July 1, 2010, be read as follows: Tax in participating province
218.1 (1) Subject to this Part, (a) every person that is a resident in a particular participating province and is the recipient of an imported taxable supply that is a supply of intangible personal property or a service that is acquired by the person for consumption, use or supply primarily in participating provinces, (b) every registrant that is the recipient of a supply, included in paragraph (b) of the definition “imported taxable supply” in section 217, of property the physical possession of which is transferred to the registrant in a particular participating province, (c) every person that is the recipient of a supply, included in any of paragraphs (b.1) to (b.3) of the definition “imported taxable supply” in section 217, of property that is delivered or made available to the person in a particular participating province and who is either resident in that province or is a registrant, and (d) every person that is the recipient of a supply that is included in paragraph (c.1), (d) or (e) of the definition “imported taxable supply” in section 217 and that is made in a particular participating province shall pay to Her Majesty in right of Canada, each time an amount of consideration for the supply becomes due or is paid without having become due, in addition to the tax imposed by section 218, tax equal to the amount determined by the formula A×B×C where A is the tax rate for the particular participating province, B is the value of that consideration that is paid or becomes due at that time, and C is
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Jobs and Econ (a) in the case of an imported taxable supply of tangible personal property, 100%, and (b) in any other case, the extent (expressed as a percentage) to which the person acquired the property or service for consumption, use or supply in the province.
(d) for supplies made on or before March 19, 2007, paragraph 218.1(1)(d) of the Excise Tax Act, as it reads by the operation of paragraph (c), shall be read without reference to “(c.1)”; (e) subparagraphs 218.1(1)(b)(ii) and (iii) of the Excise Tax Act, as enacted by subsection 14(1) of the other Act, are replaced by the following:
(ii) is the recipient of a supply, included in any of paragraphs (b.1) to (b.3) of the definition “imported taxable supply” in section 217, of property that is delivered or made available to the person in a particular participating province and is either resident in that province or is a registrant, or (iii) is the recipient of a supply that is included in paragraph (c.1), (d) or (e) of the definition “imported taxable supply” in section 217 and that is made in a particular participating province (f) the replacement of subparagraphs 218.1(1)(b)(ii) and (iii) of the Excise Tax Act by the operation of paragraph (e) is deemed to have come into force on July 1, 2010.
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2010 PART 3
AMENDMENTS IN RESPECT OF THE AIR TRAVELLERS SECURITY CHARGE 2002, c. 9, s. 5
AIR TRAVELLERS SECURITY CHARGE ACT
2007, c. 35, s. 196(1)
96. (1) The portion of paragraph 12(1)(a) of the Air Travellers Security Charge Act before subparagraph (i) is replaced by the following: (a) $7.12 for each chargeable emplanement included in the service, to a maximum of $14.25, if
2007, c. 35, s. 196(2)
(2) The portion of paragraph 12(1)(b) of the Act before subparagraph (i) is replaced by the following: (b) $7.48 for each chargeable emplanement included in the service, to a maximum of $14.96, if
2005, c. 30, s. 20(3)
(3) The portion of paragraph 12(1)(c) of the Act before subparagraph (i) is replaced by the following: (c) $12.10 for each chargeable emplanement included in the service, to a maximum of $24.21, if
2007, c. 35, s. 196(3)
(4) The portion of paragraph 12(1)(d) of the Act before subparagraph (i) is replaced by the following: (d) $12.71 for each chargeable emplanement included in the service, to a maximum of $25.42, if
2005, c. 30, s. 20(5)
(5) Paragraph 12(1)(e) of the Act is replaced by the following: (e) $25.91, if the service includes transportation to a destination outside the continental zone.
2005, c. 30, s. 20(6)
(6) The portion of paragraph 12(2)(a) of the Act before subparagraph (i) is replaced by the following: (a) $12.10 for each chargeable emplanement by an individual on an aircraft used to transport the individual to a destination outside Canada but within the continental zone, to a maximum of $24.21, if
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2007, c. 35, s. 196(4)
(7) The portion of paragraph 12(2)(b) of the Act before subparagraph (i) is replaced by the following:
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(b) $12.71 for each chargeable emplanement by an individual on an aircraft used to transport the individual to a destination outside Canada but within the continental zone, to a maximum of $25.42, if 2005, c. 30, s. 20(8)
(8) Paragraph 12(2)(c) of the Act is replaced by the following: (c) $25.91, if the service includes transportation to a destination outside the continental zone. (9) Subsections (1) to (8) apply in respect of an air transportation service that includes a chargeable emplanement on or after April 1, 2010 unless, (a) if any consideration is paid or payable in respect of the service, all of the consideration is paid before April 1, 2010; or (b) if no consideration is paid or payable in respect of the service, a ticket is issued before April 1, 2010.
SOR/2007-267
INTEREST RATES (AIR TRAVELLERS SECURITY CHARGE ACT) REGULATIONS 97. (1) Section 3 of the Interest Rates (Air Travellers Security Charge Act) Regulations is amended by striking out “and” at the end of paragraph (a) and by replacing paragraph (b) with the following: (b) in the case of interest to be paid or applied on an amount payable by the Minister to a person other than a corporation, the sum of the basic rate in respect of the particular quarter and 2%; and (c) in the case of interest to be paid or applied on an amount payable by the Minister to a corporation, the basic rate in respect of the particular quarter.
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(2) Subsection (1) comes into force, or is deemed to have come into force, on July 1, 2010. PART 4 2006, c. 13
SOFTWOOD LUMBER PRODUCTS EXPORT CHARGE ACT, 2006 AMENDMENTS TO THE ACT 98. Paragraph 4(2)(b) of the Softwood Lumber Products Export Charge Act, 2006 is replaced by the following: (b) if the person is a corporation, 0 %, and in any other case, 2 %.
99. Subsection 12(1) of the Act is replaced by the following: Export from a region
12. (1) If a softwood lumber product is exported from a region in a particular month, the amount of the charge in respect of that export is the amount calculated by applying the rate applicable for the month under subsection (3) or (4) or section 12.1 to the export price of the product as determined under section 13. 100. The Act is amended by adding the following after section 12:
Higher rate
12.1 Despite subsections 12(3) and (4), the rate of charge applicable in respect of an export of a softwood lumber product on or after the day on which this section comes into force from Ontario, Quebec, Manitoba or Saskatchewan is equal to the sum of the applicable rate of charge under subsection 12(3) or (4) and 10%. 101. Section 14 of the Act is amended by adding the following after subsection (1):
Surge mechanism if section 12.1 applies
(1.1) Despite subsection (1), if the rate of charge provided for by section 12.1 applies in respect of an export of a softwood lumber product from a region during a month and the conditions referred to in paragraphs (1)(a) and
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(b) are met, the amount of the charge applicable in respect of the export is the amount determined by the formula A + (B/2) where A is the amount of the charge calculated under subsection 12(1); and B is the amount of the charge that would have been calculated under subsection 12(1) if section 12.1 had not applied in respect of that export. 102. Section 40 of the Act is amended by adding the following after subsection (3): Refund calculated without regard to section 12.1
(3.1) The amount of a refund under this section is to be determined using the amount of a charge that is calculated without regard to section 12.1. COMING INTO FORCE
Order in council
103. (1) This Part, other than section 98, comes into force or is deemed to have come into force on a day to be fixed by order of the Governor in Council, which day may not be earlier than April 15, 2009.
July 1, 2010
(2) Section 98 comes into force, or is deemed to have come into force, on July 1, 2010. PART 5 CUSTOMS TARIFF AMENDMENTS TO THE ACT 104. Tariff item Nos. 1513.19.00, 5516.11.00, 5516.12.90, 5909.00.00 and 6001.22.00 in the List of Tariff Provisions set out in the schedule to the Customs Tariff are repealed. 105. Tariff item No. 2511.10.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “4.5% (A)” with a reference to “Free (F)”.
Emploi et croissa 106. Tariff item No. 2514.00.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3.5% (A)” with a reference to “Free (F)”. 107. Tariff item No. 2515.20.20 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3.5% (A)” with a reference to “Free (F)”. 108. Tariff item No. 2516.12.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3.5% (A)” with a reference to “Free (F)”. 109. Tariff item No. 2516.20.20 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3.5% (A)” with a reference to “Free (F)”. 110. Tariff item No. 2516.90.20 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3.5% (A)” with a reference to “Free (F)”. 111. Tariff item No. 2517.30.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6.5% (A)” with a reference to “Free (F)”. 112. Tariff item No. 2518.20.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “3% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”.
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113. Tariff item No. 2530.90.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6.5% (A)” with a reference to “Free (F)”. 114. Tariff item No. 2705.00.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6.5% (A)” with a reference to “Free (F)”. 115. Tariff item No. 2707.40.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “8% (A)” with a reference to “Free (F)”. 116. Tariff item No. 2707.99.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “8% (A)” with a reference to “Free (F)”. 117. Tariff item No. 2710.11.19 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “8% (A)” with a reference to “Free (F)”. 118. Tariff item No. 2710.19.20 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “8% (A)” with a reference to “Free (F)”. 119. Tariff item No. 2710.91.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “8% (A)” with a reference to “Free (F)”. 120. Tariff item No. 2710.91.91 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the
Emploi et croissa column “Most-Favoured-Nation Tariff / Final Rate” the reference to “5% (A)” with a reference to “Free (F)”. 121. Tariff item No. 2710.99.20 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “8% (A)” with a reference to “Free (F)”. 122. Tariff item No. 2710.99.91 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “5% (A)” with a reference to “Free (F)”. 123. Tariff item No. 2711.11.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “12.5% (A)” with a reference to “Free (F)”. 124. Tariff item No. 2712.90.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6.5% (A)” with a reference to “Free (F)”. 125. Tariff item No. 2713.20.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “4.5% (A)” with a reference to “Free (F)”. 126. Tariff item No. 2714.10.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6.5% (A)” with a reference to “Free (F)”. 127. Tariff item No. 2715.00.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6% (A)” with a reference to “Free (F)”.
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128. Tariff item No. 2804.10.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “3.5% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 129. Tariff item No. 2804.21.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “3.5% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 130. Tariff item No. 2804.29.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “3.5% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 131. Tariff item No. 2804.30.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “3.5% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”.
Emploi et croissa 132. Tariff item No. 2804.40.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “3.5% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 133. Tariff item No. 2804.69.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “5% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 134. Tariff item No. 2805.12.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3% (A)” with a reference to “Free (F)”. 135. Tariff item No. 2805.19.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “5.5% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 136. Tariff item No. 2805.30.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing
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(a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “5% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 137. Tariff item No. 2811.19.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “4% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 138. Tariff item No. 2811.21.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “3.5% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 139. Tariff item No. 2811.29.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “3.5% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 140. Tariff item No. 2811.29.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the
Emploi et croissa column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3.5% (A)” with a reference to “Free (F)”. 141. Tariff item No. 2812.10.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 3 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 142. Tariff item No. 2812.90.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 3 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 143. Tariff item No. 2817.00.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “5.5% (E)” with a reference to “Free (F)”. 144. Tariff item No. 2819.90.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 3 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 145. Tariff item No. 2821.10.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing
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(a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 3 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 146. Tariff item No. 2821.20.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “5.5% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 147. Tariff item No. 2823.00.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “5.5% (A)” with a reference to “Free (F)”. 148. Tariff item No. 2824.10.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “2% (A)” with a reference to “Free (F)”. 149. Tariff item No. 2824.90.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3% (A)” with a reference to “Free (F)”. 150. Tariff item No. 2824.90.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “4.5% (A)” with a reference to “Free (F)”. 151. Tariff item No. 2825.70.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the
Emploi et croissa column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3% (A)” with a reference to “Free (F)”. 152. Tariff item No. 2825.90.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “4% (A)” with a reference to “Free (F)”. 153. Tariff item No. 2826.19.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 3 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 154. Tariff item No. 2826.90.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “4% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 155. Tariff item No. 2826.90.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3% (A)” with a reference to “Free (F)”. 156. Tariff item No. 2827.10.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “2.5% (A)” with a reference to “Free (F)”. 157. Tariff item No. 2827.20.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing
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Jobs and Econ
(a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 5 . 5 % ( E ) ” w i t h a r ef e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (J)” after the abbreviation “GPT” with a reference to “Free (F)”. 158. Tariff item No. 2827.35.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 3 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 159. Tariff item No. 2827.39.20 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “4% (A)” with a reference to “Free (F)”. 160. Tariff item No. 2827.39.30 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “4% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 161. Tariff item No. 2827.39.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 3 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and
Emploi et croissa (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 162. Tariff item No. 2827.41.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 3 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 163. Tariff item No. 2827.49.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 5 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 164. Tariff item No. 2827.60.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 3 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 165. Tariff item No. 2827.60.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 3 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and
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(b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 166. Tariff item No. 2829.19.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3% (A)” with a reference to “Free (F)”. 167. Tariff item No. 2829.90.20 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3% (A)” with a reference to “Free (F)”. 168. Tariff item No. 2830.10.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3.5% (A)” with a reference to “Free (F)”. 169. Tariff item No. 2833.21.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 3 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 170. Tariff item No. 2833.24.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3% (A)” with a reference to “Free (F)”. 171. Tariff item No. 2833.25.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “5.5% (A)” with a reference to “Free (F)”.
Emploi et croissa 172. Tariff item No. 2833.40.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3% (A)” with a reference to “Free (F)”. 173. Tariff item No. 2834.10.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “5.5% (A)” with a reference to “Free (F)”. 174. Tariff item No. 2834.29.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 5 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 175. Tariff item No. 2835.10.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3% (A)” with a reference to “Free (F)”. 176. Tariff item No. 2835.22.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “5% (A)” with a reference to “Free (F)”. 177. Tariff item No. 2835.22.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “5.5% (E)” with a reference to “Free (F)”; (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (J)” after the abbreviation “GPT” with a reference to “Free (F)”;
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(c) in the column “Preferential Tariff / Final Rate”, the reference to “3% (E)” after the abbreviation “AUT” with a reference to “Free (F)”; and (d) in the column “Preferential Tariff / Final Rate”, the reference to “3% (E)” after the abbreviation “NZT” with a reference to “Free (F)”. 178. Tariff item No. 2835.24.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “3% (A)” with a reference to “Free (F)”; (b) in the column “Preferential Tariff / Final Rate”, the reference to “0.5% (A)” after the abbreviation “AUT” with a reference to “Free (F)”; and (c) in the column “Preferential Tariff / Final Rate”, the reference to “0.5% (A)” after the abbreviation “NZT” with a reference to “Free (F)”. 179. Tariff item No. 2835.26.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “5.5% (E)” with a reference to “Free (F)”; (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (J)” after the abbreviation “GPT” with a reference to “Free (F)”; (c) in the column “Preferential Tariff / Final Rate”, the reference to “3% (E)” after the abbreviation “AUT” with a reference to “Free (F)”; and (d) in the column “Preferential Tariff / Final Rate”, the reference to “3% (E)” after the abbreviation “NZT” with a reference to “Free (F)”. 180. Tariff item No. 2835.29.21 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing
Emploi et croissa (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “5.5% (A)” with a reference to “Free (F)”; (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”; (c) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “AUT” with a reference to “Free (F)”; and (d) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “NZT” with a reference to “Free (F)”. 181. Tariff item No. 2835.29.29 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “5.5% (A)” with a reference to “Free (F)”; (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “AUT” with a reference to “Free (F)”; and (c) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “NZT” with a reference to “Free (F)”. 182. Tariff item No. 2835.29.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “4% (A)” with a reference to “Free (F)”; (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”; (c) in the column “Preferential Tariff / Final Rate”, the reference to “1.5% (A)” after the abbreviation “AUT” with a reference to “Free (F)”; and
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(d) in the column “Preferential Tariff / Final Rate”, the reference to “1.5% (A)” after the abbreviation “NZT” with a reference to “Free (F)”. 183. Tariff item No. 2835.31.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “5.5% (A)” with a reference to “Free (F)”; (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”; (c) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “AUT” with a reference to “Free (F)”; and (d) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “NZT” with a reference to “Free (F)”. 184. Tariff item No. 2835.39.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “5.5% (A)” with a reference to “Free (F)”; (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”; (c) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “AUT” with a reference to “Free (F)”; and (d) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “NZT” with a reference to “Free (F)”. 185. Tariff item No. 2836.20.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing
Emploi et croissa (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 5 . 5 % ( F ) ” w i t h a r e f e re n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 186. Tariff item No. 2836.91.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3.5% (A)” with a reference to “Free (F)”. 187. Tariff item No. 2836.92.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “4% (A)” with a reference to “Free (F)”. 188. Tariff item No. 2836.99.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 3 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 189. Tariff item No. 2839.19.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “5.5% (E)” with a reference to “Free (F)”. 190. Tariff item No. 2839.90.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3% (A)” with a reference to “Free (F)”. 191. Tariff item No. 2841.50.20 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the
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column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3.5% (A)” with a reference to “Free (F)”. 192. Tariff item No. 2841.50.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3% (A)” with a reference to “Free (F)”. 193. Tariff item No. 2841.61.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “5% (A)” with a reference to “Free (F)”. 194. Tariff item No. 2841.69.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “5% (A)” with a reference to “Free (F)”. 195. Tariff item No. 2841.70.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “4% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 196. Tariff item No. 2841.80.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 5 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 197. Tariff item No. 2841.90.20 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the
Emploi et croissa column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3% (A)” with a reference to “Free (F)”. 198. Tariff item No. 2841.90.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 3 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 199. Tariff item No. 2842.10.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( F ) ” w i t h a r e f e re n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 200. Tariff item No. 2842.90.20 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3% (A)” with a reference to “Free (F)”. 201. Tariff item No. 2842.90.91 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3% (A)” with a reference to “Free (F)”. 202. Tariff item No. 2843.10.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 5 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and
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(b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 203. Tariff item No. 2843.21.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 3 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 204. Tariff item No. 2843.29.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 3 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 205. Tariff item No. 2843.30.91 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “5% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 206. Tariff item No. 2843.30.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “5% (A)” with a reference to “Free (F)”.
Emploi et croissa 207. Tariff item No. 2843.90.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 3 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 208. Tariff item No. 2846.10.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 5 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 209. Tariff item No. 2846.90.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “2% (A)” with a reference to “Free (F)”. 210. Tariff item No. 2847.00.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “5.5% (A)” with a reference to “Free (F)”. 211. Tariff item No. 2850.00.19 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 5 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”.
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212. Tariff item No. 2852.00.20 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3% (A)” with a reference to “Free (F)”. 213. Tariff item No. 2852.00.30 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 3 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 214. Tariff item No. 2852.00.40 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “4% (A)” with a reference to “Free (F)”. 215. Tariff item No. 2852.00.50 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “4% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 216. Tariff item No. 2852.00.60 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 5 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”.
Emploi et croissa 217. Tariff item No. 2852.00.70 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6.5% (A)” with a reference to “Free (F)”. 218. Tariff item No. 2852.00.80 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 219. Tariff item No. 2852.00.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “5.5% (A)” with a reference to “Free (F)”. 220. Tariff item No. 2853.00.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 5 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 221. Tariff item No. 2903.15.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 5 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”.
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222. Tariff item No. 2903.21.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 5 . 5 % ( E ) ” w i t h a r ef e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (J)” after the abbreviation “GPT” with a reference to “Free (F)”. 223. Tariff item No. 2903.39.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3.5% (A)” with a reference to “Free (F)”. 224. Tariff item No. 2903.41.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 3 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 225. Tariff item No. 2903.42.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 3 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 226. Tariff item No. 2903.43.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing
Emploi et croissa (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 3 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 227. Tariff item No. 2903.44.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 3 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 228. Tariff item No. 2903.45.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 3 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 229. Tariff item No. 2903.46.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 3 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 230. Tariff item No. 2903.47.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing
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(a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 3 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 231. Tariff item No. 2903.49.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 3 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 232. Tariff item No. 2903.61.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 5 . 5 % ( E ) ” w i t h a r ef e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (J)” after the abbreviation “GPT” with a reference to “Free (F)”. 233. Tariff item No. 2903.69.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 5 . 5 % ( E ) ” w i t h a r ef e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (J)” after the abbreviation “GPT” with a reference to “Free (F)”. 234. Tariff item No. 2904.10.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing
Emploi et croissa (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “4% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 235. Tariff item No. 2904.10.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “4% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 236. Tariff item No. 2904.20.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 5 . 5 % ( E ) ” w i t h a r ef e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (J)” after the abbreviation “GPT” with a reference to “Free (F)”. 237. Tariff item No. 2904.90.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 5 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 238. Tariff item No. 2905.11.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing
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(a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 5 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 239. Tariff item No. 2905.12.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 5 . 5 % ( E ) ” w i t h a r ef e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (J)” after the abbreviation “GPT” with a reference to “Free (F)”. 240. Tariff item No. 2905.16.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 3 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 241. Tariff item No. 2905.17.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “5% (A)” with a reference to “Free (F)”. 242. Tariff item No. 2905.19.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 5 . 5 % ( E ) ” w i t h a r ef e r e n c e t o “Free (F)”; and
Emploi et croissa (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (J)” after the abbreviation “GPT” with a reference to “Free (F)”. 243. Tariff item No. 2905.19.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 5 . 5 % ( E ) ” w i t h a r ef e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (J)” after the abbreviation “GPT” with a reference to “Free (F)”. 244. Tariff item No. 2905.22.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “4% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 245. Tariff item No. 2905.31.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 5 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 246. Tariff item No. 2905.32.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 5 . 5 % ( E ) ” w i t h a r ef e r e n c e t o “Free (F)”; and
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(b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (J)” after the abbreviation “GPT” with a reference to “Free (F)”. 247. Tariff item No. 2905.39.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 5 . 5 % ( E ) ” w i t h a r ef e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (J)” after the abbreviation “GPT” with a reference to “Free (F)”. 248. Tariff item No. 2905.42.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 5 . 5 % ( E ) ” w i t h a r ef e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (J)” after the abbreviation “GPT” with a reference to “Free (F)”. 249. Tariff item No. 2905.43.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “5.5% (A)” with a reference to “Free (F)”. 250. Tariff item No. 2905.45.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “8% (B)” with a reference to “Free (F)”. 251. Tariff item No. 2905.49.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 3 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and
Emploi et croissa (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 252. Tariff item No. 2905.49.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 3 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 253. Tariff item No. 2905.51.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 5 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 254. Tariff item No. 2905.59.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 5 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 255. Tariff item No. 2906.12.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 5 . 5 % ( E ) ” w i t h a r ef e r e n c e t o “Free (F)”; and
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(b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (J)” after the abbreviation “GPT” with a reference to “Free (F)”. 256. Tariff item No. 2906.13.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “2% (A)” with a reference to “Free (F)”. 257. Tariff item No. 2906.19.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 5 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 258. Tariff item No. 2906.21.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “5.5% (A)” with a reference to “Free (F)”. 259. Tariff item No. 2906.29.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 5 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 260. Tariff item No. 2907.12.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 4 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and
Emploi et croissa (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 261. Tariff item No. 2907.13.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 5 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 262. Tariff item No. 2907.15.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “5.5% (A)” with a reference to “Free (F)”. 263. Tariff item No. 2907.19.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 5 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 264. Tariff item No. 2907.19.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 5 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”.
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265. Tariff item No. 2907.21.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 5 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 266. Tariff item No. 2907.22.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 5 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 267. Tariff item No. 2907.29.20 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 5 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 268. Tariff item No. 2907.29.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 3 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”.
Emploi et croissa 269. Tariff item No. 2908.11.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 5 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 270. Tariff item No. 2908.19.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 5 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 271. Tariff item No. 2908.91.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 5 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 272. Tariff item No. 2908.99.19 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 5 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”.
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Jobs and Econ
273. Tariff item No. 2908.99.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 5 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 274. Tariff item No. 2909.30.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 5 . 5 % ( E ) ” w i t h a r ef e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (J)” after the abbreviation “GPT” with a reference to “Free (F)”. 275. Tariff item No. 2909.41.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 5 . 5 % ( E ) ” w i t h a r ef e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (J)” after the abbreviation “GPT” with a reference to “Free (F)”. 276. Tariff item No. 2909.43.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 5 . 5 % ( E ) ” w i t h a r ef e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (J)” after the abbreviation “GPT” with a reference to “Free (F)”.
Emploi et croissa 277. Tariff item No. 2909.44.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 5 . 5 % ( E ) ” w i t h a r ef e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (J)” after the abbreviation “GPT” with a reference to “Free (F)”. 278. Tariff item No. 2909.49.91 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 3 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 279. Tariff item No. 2909.49.92 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3.5% (A)” with a reference to “Free (F)”. 280. Tariff item No. 2909.49.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3.5% (A)” with a reference to “Free (F)”. 281. Tariff item No. 2909.50.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 5 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”.
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Jobs and Econ
282. Tariff item No. 2909.60.20 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 5 . 5 % ( E ) ” w i t h a r ef e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (J)” after the abbreviation “GPT” with a reference to “Free (F)”. 283. Tariff item No. 2909.60.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 5 . 5 % ( E ) ” w i t h a r ef e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (J)” after the abbreviation “GPT” with a reference to “Free (F)”. 284. Tariff item No. 2910.10.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 5 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 285. Tariff item No. 2910.20.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 5 . 5 % ( E ) ” w i t h a r ef e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (J)” after the abbreviation “GPT” with a reference to “Free (F)”.
Emploi et croissa 286. Tariff item No. 2910.40.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 4 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 287. Tariff item No. 2910.90.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 4 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 288. Tariff item No. 2911.00.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “5% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 289. Tariff item No. 2912.19.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 5 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”.
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Jobs and Econ
290. Tariff item No. 2912.19.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 5 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 291. Tariff item No. 2912.29.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 5 . 5 % ( E ) ” w i t h a r ef e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (J)” after the abbreviation “GPT” with a reference to “Free (F)”. 292. Tariff item No. 2912.30.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 5 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 293. Tariff item No. 2912.50.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 5 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”.
Emploi et croissa 294. Tariff item No. 2913.00.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “5.5% (E)” with a reference to “Free (F)”. 295. Tariff item No. 2914.11.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 5 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 296. Tariff item No. 2914.19.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “4% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 297. Tariff item No. 2914.22.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 5 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 298. Tariff item No. 2914.23.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing
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(a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 5 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 299. Tariff item No. 2914.31.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 5 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 300. Tariff item No. 2914.39.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 5 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 301. Tariff item No. 2914.40.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 4 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 302. Tariff item No. 2914.50.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing
Emploi et croissa (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 5 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 303. Tariff item No. 2914.61.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “5.5% (A)” with a reference to “Free (F)”. 304. Tariff item No. 2914.69.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 5 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 305. Tariff item No. 2914.70.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “4% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 306. Tariff item No. 2915.13.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 3 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and
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Jobs and Econ
(b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 307. Tariff item No. 2915.24.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 5 . 5 % ( E ) ” w i t h a r ef e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (J)” after the abbreviation “GPT” with a reference to “Free (F)”. 308. Tariff item No. 2915.29.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 5 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 309. Tariff item No. 2915.32.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 5 . 5 % ( E ) ” w i t h a r ef e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (J)” after the abbreviation “GPT” with a reference to “Free (F)”. 310. Tariff item No. 2915.33.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 5 . 5 % ( E ) ” w i t h a r ef e r e n c e t o “Free (F)”; and
Emploi et croissa (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (J)” after the abbreviation “GPT” with a reference to “Free (F)”. 311. Tariff item No. 2915.36.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 5 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 312. Tariff item No. 2915.39.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 5 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 313. Tariff item No. 2915.50.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 3 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 314. Tariff item No. 2915.50.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 3 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and
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(b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 315. Tariff item No. 2915.70.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “5% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 316. Tariff item No. 2915.70.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “5% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 317. Tariff item No. 2915.90.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “4% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 318. Tariff item No. 2915.90.92 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “4% (A)” with a reference to “Free (F)”.
Emploi et croissa 319. Tariff item No. 2915.90.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “4% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 320. Tariff item No. 2916.12.20 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3.5% (A)” with a reference to “Free (F)”. 321. Tariff item No. 2916.12.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 3 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 322. Tariff item No. 2916.15.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “5% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 323. Tariff item No. 2916.19.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “4% (A)” with a reference to “Free (F)”.
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Jobs and Econ
324. Tariff item No. 2916.20.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 3 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 325. Tariff item No. 2916.20.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 3 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 326. Tariff item No. 2916.31.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6.5% (A)” with a reference to “Free (F)”. 327. Tariff item No. 2916.32.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( E ) ” w i t h a r ef e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (J)” after the abbreviation “GPT” with a reference to “Free (F)”. 328. Tariff item No. 2916.34.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing
Emploi et croissa (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( E ) ” w i t h a r ef e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (J)” after the abbreviation “GPT” with a reference to “Free (F)”. 329. Tariff item No. 2916.35.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( E ) ” w i t h a r ef e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (J)” after the abbreviation “GPT” with a reference to “Free (F)”. 330. Tariff item No. 2917.11.19 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3% (A)” with a reference to “Free (F)”. 331. Tariff item No. 2917.11.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3% (A)” with a reference to “Free (F)”. 332. Tariff item No. 2917.12.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( E ) ” w i t h a r ef e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (J)” after the abbreviation “GPT” with a reference to “Free (F)”. 333. Tariff item No. 2917.12.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing
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Jobs and Econ
(a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( E ) ” w i t h a r ef e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (J)” after the abbreviation “GPT” with a reference to “Free (F)”. 334. Tariff item No. 2917.13.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 4 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 335. Tariff item No. 2917.13.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 4 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 336. Tariff item No. 2917.14.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 337. Tariff item No. 2917.19.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing
Emploi et croissa (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 338. Tariff item No. 2917.19.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 339. Tariff item No. 2917.20.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “4% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 340. Tariff item No. 2917.32.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( E ) ” w i t h a r ef e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (J)” after the abbreviation “GPT” with a reference to “Free (F)”. 341. Tariff item No. 2917.33.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing
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Jobs and Econ
(a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( E ) ” w i t h a r ef e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (J)” after the abbreviation “GPT” with a reference to “Free (F)”. 342. Tariff item No. 2917.34.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( E ) ” w i t h a r ef e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (J)” after the abbreviation “GPT” with a reference to “Free (F)”. 343. Tariff item No. 2917.34.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( E ) ” w i t h a r ef e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (J)” after the abbreviation “GPT” with a reference to “Free (F)”. 344. Tariff item No. 2917.39.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( E ) ” w i t h a r ef e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (J)” after the abbreviation “GPT” with a reference to “Free (F)”. 345. Tariff item No. 2918.18.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing
Emploi et croissa (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “4% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 346. Tariff item No. 2918.19.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “4% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 347. Tariff item No. 2918.19.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “4% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 348. Tariff item No. 2918.23.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6.5% (E)” with a reference to “Free (F)”. 349. Tariff item No. 2918.29.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6.5% (E)” with a reference to “Free (F)”. 350. Tariff item No. 2918.91.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the
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Jobs and Econ
column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6.5% (A)” with a reference to “Free (F)”. 351. Tariff item No. 2918.99.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6.5% (A)” with a reference to “Free (F)”. 352. Tariff item No. 2919.90.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 353. Tariff item No. 2919.90.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 354. Tariff item No. 2920.11.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 355. Tariff item No. 2920.19.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing
Emploi et croissa (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 356. Tariff item No. 2920.90.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 4 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 357. Tariff item No. 2920.90.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 4 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 358. Tariff item No. 2921.11.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 3 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 359. Tariff item No. 2921.19.20 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing
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Jobs and Econ
(a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 3 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 360. Tariff item No. 2921.19.91 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6% (A)” with a reference to “Free (F)”. 361. Tariff item No. 2921.19.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6% (A)” with a reference to “Free (F)”. 362. Tariff item No. 2921.22.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 363. Tariff item No. 2921.29.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 364. Tariff item No. 2921.30.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing
Emploi et croissa (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( E ) ” w i t h a r ef e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (J)” after the abbreviation “GPT” with a reference to “Free (F)”. 365. Tariff item No. 2921.42.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( E ) ” w i t h a r ef e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (J)” after the abbreviation “GPT” with a reference to “Free (F)”. 366. Tariff item No. 2921.43.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( E ) ” w i t h a r ef e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (J)” after the abbreviation “GPT” with a reference to “Free (F)”. 367. Tariff item No. 2921.44.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( E ) ” w i t h a r ef e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (J)” after the abbreviation “GPT” with a reference to “Free (F)”. 368. Tariff item No. 2921.45.91 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing
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(a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( E ) ” w i t h a r ef e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (J)” after the abbreviation “GPT” with a reference to “Free (F)”. 369. Tariff item No. 2921.45.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6.5% (E)” with a reference to “Free (F)”. 370. Tariff item No. 2921.46.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6.5% (F)” with a reference to “Free (F)”. 371. Tariff item No. 2921.49.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6.5% (F)” with a reference to “Free (F)”. 372. Tariff item No. 2921.51.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 373. Tariff item No. 2921.59.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6.5% (E)” with a reference to “Free (F)”. 374. Tariff item No. 2922.11.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing
Emploi et croissa (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( E ) ” w i t h a r ef e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (J)” after the abbreviation “GPT” with a reference to “Free (F)”. 375. Tariff item No. 2922.12.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( E ) ” w i t h a r ef e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (J)” after the abbreviation “GPT” with a reference to “Free (F)”. 376. Tariff item No. 2922.13.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( E ) ” w i t h a r ef e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (J)” after the abbreviation “GPT” with a reference to “Free (F)”. 377. Tariff item No. 2922.14.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6.5% (A)” with a reference to “Free (F)”. 378. Tariff item No. 2922.19.91 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and
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(b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 379. Tariff item No. 2922.19.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6.5% (A)” with a reference to “Free (F)”. 380. Tariff item No. 2922.21.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 381. Tariff item No. 2922.29.29 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 382. Tariff item No. 2922.29.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”.
Emploi et croissa 383. Tariff item No. 2922.31.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( F ) ” w i t h a r e f e re n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 384. Tariff item No. 2922.39.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( F ) ” w i t h a r e f e re n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 385. Tariff item No. 2922.41.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 3 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 386. Tariff item No. 2922.44.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “5% (A)” with a reference to “Free (F)”. 387. Tariff item No. 2922.49.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “5% (A)” with a reference to “Free (F)”.
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388. Tariff item No. 2922.50.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6.5% (A)” with a reference to “Free (F)”. 389. Tariff item No. 2923.10.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( E ) ” w i t h a r ef e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (J)” after the abbreviation “GPT” with a reference to “Free (F)”. 390. Tariff item No. 2923.20.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( E ) ” w i t h a r ef e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (J)” after the abbreviation “GPT” with a reference to “Free (F)”. 391. Tariff item No. 2923.90.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “6% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 392. Tariff item No. 2923.90.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing
Emploi et croissa (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “6% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 393. Tariff item No. 2924.11.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “4% (A)” with a reference to “Free (F)”. 394. Tariff item No. 2924.12.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “4% (A)” with a reference to “Free (F)”. 395. Tariff item No. 2924.19.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “4% (A)” with a reference to “Free (F)”. 396. Tariff item No. 2924.19.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “4% (A)” with a reference to “Free (F)”. 397. Tariff item No. 2924.21.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6.5% (E)” with a reference to “Free (F)”. 398. Tariff item No. 2924.23.19 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6.5% (F)” with a reference to “Free (F)”. 399. Tariff item No. 2924.23.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the
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column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6.5% (F)” with a reference to “Free (F)”. 400. Tariff item No. 2924.24.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6.5% (F)” with a reference to “Free (F)”. 401. Tariff item No. 2924.29.91 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( E ) ” w i t h a r ef e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (J)” after the abbreviation “GPT” with a reference to “Free (F)”. 402. Tariff item No. 2924.29.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6.5% (E)” with a reference to “Free (F)”. 403. Tariff item No. 2925.11.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6.5% (A)” with a reference to “Free (F)”. 404. Tariff item No. 2925.12.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( F ) ” w i t h a r e f e re n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 405. Tariff item No. 2925.19.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing
Emploi et croissa (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( E ) ” w i t h a r ef e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (J)” after the abbreviation “GPT” with a reference to “Free (F)”. 406. Tariff item No. 2925.21.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 407. Tariff item No. 2925.29.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 408. Tariff item No. 2926.30.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 409. Tariff item No. 2926.90.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing
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(a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 410. Tariff item No. 2929.90.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( F ) ” w i t h a r e f e re n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 411. Tariff item No. 2929.90.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6.5% (F)” with a reference to “Free (F)”. 412. Tariff item No. 2930.20.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 3 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 413. Tariff item No. 2930.20.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 3 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and
Emploi et croissa (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 414. Tariff item No. 2930.30.20 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 3 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 415. Tariff item No. 2930.30.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3.5% (A)” with a reference to “Free (F)”. 416. Tariff item No. 2930.50.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “5.5% (A)” with a reference to “Free (F)”. 417. Tariff item No. 2930.90.21 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 3 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 418. Tariff item No. 2930.90.29 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3.5% (A)” with a reference to “Free (F)”.
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419. Tariff item No. 2930.90.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “5.5% (A)” with a reference to “Free (F)”. 420. Tariff item No. 2931.00.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 5 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 421. Tariff item No. 2931.00.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 5 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 422. Tariff item No. 2932.19.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3.5% (A)” with a reference to “Free (F)”. 423. Tariff item No. 2932.29.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “4.5% (A)” with a reference to “Free (F)”. 424. Tariff item No. 2932.91.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6.5% (A)” with a reference to “Free (F)”.
Emploi et croissa 425. Tariff item No. 2932.92.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6.5% (A)” with a reference to “Free (F)”. 426. Tariff item No. 2932.93.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6.5% (A)” with a reference to “Free (F)”. 427. Tariff item No. 2932.94.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6.5% (A)” with a reference to “Free (F)”. 428. Tariff item No. 2932.95.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6.5% (A)” with a reference to “Free (F)”. 429. Tariff item No. 2932.99.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6.5% (A)” with a reference to “Free (F)”. 430. Tariff item No. 2933.19.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6.5% (E)” with a reference to “Free (F)”. 431. Tariff item No. 2933.29.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6.5% (A)” with a reference to “Free (F)”. 432. Tariff item No. 2933.32.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the
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column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6.5% (A)” with a reference to “Free (F)”. 433. Tariff item No. 2933.33.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6.5% (A)” with a reference to “Free (F)”. 434. Tariff item No. 2933.39.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6.5% (A)” with a reference to “Free (F)”. 435. Tariff item No. 2933.41.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6.5% (A)” with a reference to “Free (F)”. 436. Tariff item No. 2933.49.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 437. Tariff item No. 2933.49.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6.5% (A)” with a reference to “Free (F)”. 438. Tariff item No. 2933.55.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6.5% (A)” with a reference to “Free (F)”.
Emploi et croissa 439. Tariff item No. 2933.59.91 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 440. Tariff item No. 2933.59.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6.5% (A)” with a reference to “Free (F)”. 441. Tariff item No. 2933.69.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 3 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 442. Tariff item No. 2933.69.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3.5% (A)” with a reference to “Free (F)”. 443. Tariff item No. 2933.71.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “5% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”.
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Jobs and Econ
444. Tariff item No. 2933.72.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 445. Tariff item No. 2933.79.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 446. Tariff item No. 2933.91.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6.5% (A)” with a reference to “Free (F)”. 447. Tariff item No. 2933.99.22 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 448. Tariff item No. 2933.99.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6.5% (A)” with a reference to “Free (F)”.
Emploi et croissa 449. Tariff item No. 2934.10.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 450. Tariff item No. 2934.20.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( E ) ” w i t h a r ef e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (J)” after the abbreviation “GPT” with a reference to “Free (F)”. 451. Tariff item No. 2934.30.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6.5% (E)” with a reference to “Free (F)”. 452. Tariff item No. 2934.91.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6.5% (A)” with a reference to “Free (F)”. 453. Tariff item No. 2934.99.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”.
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454. Tariff item No. 2934.99.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6.5% (A)” with a reference to “Free (F)”. 455. Tariff item No. 2935.00.20 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 456. Tariff item No. 2935.00.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6.5% (A)” with a reference to “Free (F)”. 457. Tariff item No. 2937.19.19 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6.5% (A)” with a reference to “Free (F)”. 458. Tariff item No. 2937.29.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 5 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 459. Tariff item No. 2937.39.19 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6.5% (A)” with a reference to “Free (F)”.
Emploi et croissa 460. Tariff item No. 2937.50.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6.5% (A)” with a reference to “Free (F)”. 461. Tariff item No. 2937.50.29 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6.5% (A)” with a reference to “Free (F)”. 462. Tariff item No. 2937.50.39 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “4% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 463. Tariff item No. 2937.90.19 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6.5% (A)” with a reference to “Free (F)”. 464. Tariff item No. 2938.90.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3.5% (A)” with a reference to “Free (F)”. 465. Tariff item No. 2940.00.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “5.5% (A)” with a reference to “Free (F)”. 466. Tariff item No. 2942.00.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6% (A)” with a reference to “Free (F)”.
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Jobs and Econ
467. Tariff item No. 3202.10.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( E ) ” w i t h a r ef e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (J)” after the abbreviation “GPT” with a reference to “Free (F)”. 468. Tariff item No. 3203.00.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3% (A)” with a reference to “Free (F)”. 469. Tariff item No. 3204.17.91 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “5% (A)” with a reference to “Free (F)”. 470. Tariff item No. 3204.17.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( E ) ” w i t h a r ef e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (J)” after the abbreviation “GPT” with a reference to “Free (F)”. 471. Tariff item No. 3205.00.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( E ) ” w i t h a r ef e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (J)” after the abbreviation “GPT” with a reference to “Free (F)”.
Emploi et croissa 472. Tariff item No. 3206.19.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6% (A)” with a reference to “Free (F)”. 473. Tariff item No. 3206.20.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( E ) ” w i t h a r ef e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “6% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 474. Tariff item No. 3206.42.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “2% (A)” with a reference to “Free (F)”. 475. Tariff item No. 3206.49.29 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 476. Tariff item No. 3206.49.30 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 3 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”.
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477. Tariff item No. 3206.49.89 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( E ) ” w i t h a r ef e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (J)” after the abbreviation “GPT” with a reference to “Free (F)”. 478. Tariff item No. 3206.49.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “5% (A)” with a reference to “Free (F)”. 479. Tariff item No. 3207.10.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 480. Tariff item No. 3207.20.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 481. Tariff item No. 3207.30.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3% (A)” with a reference to “Free (F)”.
Emploi et croissa 482. Tariff item No. 3207.40.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 483. Tariff item No. 3212.10.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6.5% (A)” with a reference to “Free (F)”. 484. Tariff item No. 3212.90.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3% (A)” with a reference to “Free (F)”. 485. Tariff item No. 3215.11.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( E ) ” w i t h a r ef e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (J)” after the abbreviation “GPT” with a reference to “Free (F)”. 486. Tariff item No. 3215.19.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( E ) ” w i t h a r ef e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (J)” after the abbreviation “GPT” with a reference to “Free (F)”.
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Jobs and Econ
487. Tariff item No. 3215.90.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( E ) ” w i t h a r ef e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (J)” after the abbreviation “GPT” with a reference to “Free (F)”. 488. Tariff item No. 3801.30.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 4 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 489. Tariff item No. 3801.90.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 4 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 490. Tariff item No. 3806.30.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”.
Emploi et croissa 491. Tariff item No. 3807.00.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( E ) ” w i t h a r ef e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (J)” after the abbreviation “GPT” with a reference to “Free (F)”. 492. Tariff item No. 3809.91.20 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “6% (A)” with a reference to “Free (F)”; (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”; (c) in the column “Preferential Tariff / Final Rate”, the reference to “3.5% (A)” after the abbreviation “AUT” with a reference to “Free (F)”; and (d) in the column “Preferential Tariff / Final Rate”, the reference to “3.5% (A)” after the abbreviation “NZT” with a reference to “Free (F)”. 493. Tariff item No. 3809.91.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “6% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 494. Tariff item No. 3809.92.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing
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(a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “6.5% (A)” with a reference to “Free (F)”; (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”; (c) in the column “Preferential Tariff / Final Rate”, the reference to “4% (A)” after the abbreviation “AUT” with a reference to “Free (F)”; and (d) in the column “Preferential Tariff / Final Rate”, the reference to “4% (A)” after the abbreviation “NZT” with a reference to “Free (F)”. 495. Tariff item No. 3809.92.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “6% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 496. Tariff item No. 3809.93.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “6% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 497. Tariff item No. 3810.10.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( E ) ” w i t h a r ef e r e n c e t o “Free (F)”; and
Emploi et croissa (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (J)” after the abbreviation “GPT” with a reference to “Free (F)”. 498. Tariff item No. 3810.90.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( E ) ” w i t h a r ef e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (J)” after the abbreviation “GPT” with a reference to “Free (F)”. 499. Tariff item No. 3811.11.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 500. Tariff item No. 3811.19.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 501. Tariff item No. 3811.21.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “6.5% (E)” with a reference to “Free (F)”;
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(b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (J)” after the abbreviation “GPT” with a reference to “Free (F)”; (c) in the column “Preferential Tariff / Final Rate”, the reference to “4% (E)” after the abbreviation “AUT” with a reference to “Free (F)”; and (d) in the column “Preferential Tariff / Final Rate”, the reference to “4% (E)” after the abbreviation “NZT” with a reference to “Free (F)”. 502. Tariff item No. 3811.29.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “6.5% (E)” with a reference to “Free (F)”; (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (J)” after the abbreviation “GPT” with a reference to “Free (F)”; (c) in the column “Preferential Tariff / Final Rate”, the reference to “4% (E)” after the abbreviation “AUT” with a reference to “Free (F)”; and (d) in the column “Preferential Tariff / Final Rate”, the reference to “4% (E)” after the abbreviation “NZT” with a reference to “Free (F)”. 503. Tariff item No. 3811.90.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “6.5% (E)” with a reference to “Free (F)”; (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (J)” after the abbreviation “GPT” with a reference to “Free (F)”; (c) in the column “Preferential Tariff / Final Rate”, the reference to “4% (E)” after the abbreviation “AUT” with a reference to “Free (F)”; and
Emploi et croissa (d) in the column “Preferential Tariff / Final Rate”, the reference to “4% (E)” after the abbreviation “NZT” with a reference to “Free (F)”. 504. Tariff item No. 3812.10.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “5% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 505. Tariff item No. 3812.20.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “5% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 506. Tariff item No. 3812.30.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “5% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 507. Tariff item No. 3813.00.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( E ) ” w i t h a r ef e r e n c e t o “Free (F)”; and
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Jobs and Econ
(b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (J)” after the abbreviation “GPT” with a reference to “Free (F)”. 508. Tariff item No. 3814.00.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( E ) ” w i t h a r ef e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (J)” after the abbreviation “GPT” with a reference to “Free (F)”. 509. Tariff item No. 3815.19.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( E ) ” w i t h a r ef e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (J)” after the abbreviation “GPT” with a reference to “Free (F)”. 510. Tariff item No. 3815.90.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( E ) ” w i t h a r ef e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (J)” after the abbreviation “GPT” with a reference to “Free (F)”. 511. Tariff item No. 3816.00.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and
Emploi et croissa (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 512. Tariff item No. 3817.00.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( F ) ” w i t h a r e f e re n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 513. Tariff item No. 3821.00.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 514. Tariff item No. 3823.11.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “8% (B)” with a reference to “Free (F)”; (b) in the column “Preferential Tariff / Final Rate”, the reference to “5.5% (B)” after the abbreviation “AUT” with a reference to “Free (F)”; and (c) in the column “Preferential Tariff / Final Rate”, the reference to “5.5% (B)” after the abbreviation “NZT” with a reference to “Free (F)”. 515. Tariff item No. 3823.12.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing
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Jobs and Econ
(a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “8% (B)” with a reference to “Free (F)”; (b) in the column “Preferential Tariff / Final Rate”, the reference to “5.5% (B)” after the abbreviation “AUT” with a reference to “Free (F)”; and (c) in the column “Preferential Tariff / Final Rate”, the reference to “5.5% (B)” after the abbreviation “NZT” with a reference to “Free (F)”. 516. Tariff item No. 3823.19.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “8% (B)” with a reference to “Free (F)”; (b) in the column “Preferential Tariff / Final Rate”, the reference to “5.5% (B)” after the abbreviation “AUT” with a reference to “Free (F)”; and (c) in the column “Preferential Tariff / Final Rate”, the reference to “5.5% (B)” after the abbreviation “NZT” with a reference to “Free (F)”. 517. Tariff item No. 3823.70.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “8% (B)” with a reference to “Free (F)”; (b) in the column “Preferential Tariff / Final Rate”, the reference to “5.5% (B)” after the abbreviation “AUT” with a reference to “Free (F)”; and (c) in the column “Preferential Tariff / Final Rate”, the reference to “5.5% (B)” after the abbreviation “NZT” with a reference to “Free (F)”. 518. Tariff item No. 3824.10.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing
Emploi et croissa (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( E ) ” w i t h a r ef e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (J)” after the abbreviation “GPT” with a reference to “Free (F)”. 519. Tariff item No. 3824.30.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 3 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 520. Tariff item No. 3824.40.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( E ) ” w i t h a r ef e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (J)” after the abbreviation “GPT” with a reference to “Free (F)”. 521. Tariff item No. 3824.50.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( E ) ” w i t h a r ef e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (J)” after the abbreviation “GPT” with a reference to “Free (F)”. 522. Tariff item No. 3824.60.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing
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Jobs and Econ
(a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 5 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 523. Tariff item No. 3824.71.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( E ) ” w i t h a r ef e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (J)” after the abbreviation “GPT” with a reference to “Free (F)”. 524. Tariff item No. 3824.72.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 525. Tariff item No. 3824.73.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 526. Tariff item No. 3824.74.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing
Emploi et croissa (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 527. Tariff item No. 3824.75.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 528. Tariff item No. 3824.76.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 529. Tariff item No. 3824.77.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 530. Tariff item No. 3824.78.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing
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Jobs and Econ
(a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 531. Tariff item No. 3824.79.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( E ) ” w i t h a r ef e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (J)” after the abbreviation “GPT” with a reference to “Free (F)”. 532. Tariff item No. 3824.81.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 533. Tariff item No. 3824.82.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 534. Tariff item No. 3824.83.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing
Emploi et croissa (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 535. Tariff item No. 3824.90.20 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3% (E)” with a reference to “Free (F)”. 536. Tariff item No. 3824.90.30 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( E ) ” w i t h a r ef e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (J)” after the abbreviation “GPT” with a reference to “Free (F)”. 537. Tariff item No. 3824.90.49 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 3 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 538. Tariff item No. 3824.90.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( E ) ” w i t h a r ef e r e n c e t o “Free (F)”; and
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Jobs and Econ
(b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (J)” after the abbreviation “GPT” with a reference to “Free (F)”. 539. Tariff item No. 3901.10.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( E ) ” w i t h a r ef e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 540. Tariff item No. 3901.20.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “6.5% (E)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 541. Tariff item No. 3901.30.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “5% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 542. Tariff item No. 3901.90.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 4 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and
Emploi et croissa (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 543. Tariff item No. 3902.10.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 544. Tariff item No. 3902.30.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 545. Tariff item No. 3902.90.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 546. Tariff item No. 3903.11.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( F ) ” w i t h a r e f e re n c e t o “Free (F)”; and
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Jobs and Econ
(b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (J)” after the abbreviation “GPT” with a reference to “Free (F)”. 547. Tariff item No. 3903.19.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( F ) ” w i t h a r e f e re n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (J)” after the abbreviation “GPT” with a reference to “Free (F)”. 548. Tariff item No. 3903.19.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 549. Tariff item No. 3903.20.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( F ) ” w i t h a r e f e re n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (J)” after the abbreviation “GPT” with a reference to “Free (F)”. 550. Tariff item No. 3903.20.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and
Emploi et croissa (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 551. Tariff item No. 3903.30.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( F ) ” w i t h a r e f e re n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (J)” after the abbreviation “GPT” with a reference to “Free (F)”. 552. Tariff item No. 3903.30.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 553. Tariff item No. 3903.90.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 554. Tariff item No. 3904.10.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and
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Jobs and Econ
(b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 555. Tariff item No. 3904.21.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 556. Tariff item No. 3904.22.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 557. Tariff item No. 3904.30.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “5% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 558. Tariff item No. 3904.40.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “5% (A)” with a reference to “Free (F)”; and
Emploi et croissa (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 559. Tariff item No. 3904.50.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 560. Tariff item No. 3904.90.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 561. Tariff item No. 3905.12.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “4% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 562. Tariff item No. 3905.19.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “4% (A)” with a reference to “Free (F)”; and
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Jobs and Econ
(b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 563. Tariff item No. 3905.21.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “4% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 564. Tariff item No. 3905.29.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “4% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 565. Tariff item No. 3905.91.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “5% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 566. Tariff item No. 3905.99.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “5% (A)” with a reference to “Free (F)”; and
Emploi et croissa (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 567. Tariff item No. 3906.10.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “6% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 568. Tariff item No. 3906.90.91 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “4% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 569. Tariff item No. 3907.20.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 570. Tariff item No. 3907.30.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “6% (A)” with a reference to “Free (F)”; and
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(b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 571. Tariff item No. 3907.40.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 5 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 572. Tariff item No. 3907.50.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 573. Tariff item No. 3907.60.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “6.5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 574. Tariff item No. 3907.70.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and
Emploi et croissa (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 575. Tariff item No. 3907.91.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 576. Tariff item No. 3907.99.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 577. Tariff item No. 3908.10.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “6% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 578. Tariff item No. 3908.90.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and
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Jobs and Econ
(b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 579. Tariff item No. 3909.10.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 580. Tariff item No. 3909.20.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 581. Tariff item No. 3909.30.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 582. Tariff item No. 3909.40.91 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and
Emploi et croissa (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 583. Tariff item No. 3909.50.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3% (A)” with a reference to “Free (F)”. 584. Tariff item No. 3910.00.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3% (A)” with a reference to “Free (F)”. 585. Tariff item No. 3911.10.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “6% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 586. Tariff item No. 3911.90.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 587. Tariff item No. 3912.11.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 5 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and
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(b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 588. Tariff item No. 3912.12.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 5 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 589. Tariff item No. 3912.20.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “5% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 590. Tariff item No. 3912.39.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “4% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 591. Tariff item No. 3912.90.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “5% (A)” with a reference to “Free (F)”; and
Emploi et croissa (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 592. Tariff item No. 3913.10.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “4% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 593. Tariff item No. 3913.90.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 5 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 594. Tariff item No. 3914.00.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 3 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 595. Tariff item No. 3916.10.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( E ) ” w i t h a r ef e r e n c e t o “Free (F)”; and
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(b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (J)” after the abbreviation “GPT” with a reference to “Free (F)”. 596. Tariff item No. 3916.20.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( E ) ” w i t h a r ef e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (J)” after the abbreviation “GPT” with a reference to “Free (F)”. 597. Tariff item No. 3916.90.11 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 598. Tariff item No. 3916.90.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( E ) ” w i t h a r ef e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (J)” after the abbreviation “GPT” with a reference to “Free (F)”. 599. Tariff item No. 3917.10.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “5% (A)” with a reference to “Free (F)”; and
Emploi et croissa (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 600. Tariff item No. 3917.21.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( E ) ” w i t h a r ef e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (J)” after the abbreviation “GPT” with a reference to “Free (F)”. 601. Tariff item No. 3917.22.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( E ) ” w i t h a r ef e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (J)” after the abbreviation “GPT” with a reference to “Free (F)”. 602. Tariff item No. 3917.23.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( E ) ” w i t h a r ef e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (J)” after the abbreviation “GPT” with a reference to “Free (F)”. 603. Tariff item No. 3917.29.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( E ) ” w i t h a r ef e r e n c e t o “Free (F)”; and
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(b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (J)” after the abbreviation “GPT” with a reference to “Free (F)”. 604. Tariff item No. 3917.31.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( E ) ” w i t h a r ef e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (J)” after the abbreviation “GPT” with a reference to “Free (F)”. 605. Tariff item No. 3917.40.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( E ) ” w i t h a r ef e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (J)” after the abbreviation “GPT” with a reference to “Free (F)”. 606. Tariff item No. 3919.10.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( E ) ” w i t h a r ef e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (J)” after the abbreviation “GPT” with a reference to “Free (F)”. 607. Tariff item No. 3919.90.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( E ) ” w i t h a r ef e r e n c e t o “Free (F)”; and
Emploi et croissa (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (J)” after the abbreviation “GPT” with a reference to “Free (F)”. 608. Tariff item No. 3919.90.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( E ) ” w i t h a r ef e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (J)” after the abbreviation “GPT” with a reference to “Free (F)”. 609. Tariff item No. 3920.10.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “3% (E)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 610. Tariff item No. 3920.10.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( E ) ” w i t h a r ef e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (J)” after the abbreviation “GPT” with a reference to “Free (F)”. 611. Tariff item No. 3920.20.20 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3% (E)” with a reference to “Free (F)”.
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612. Tariff item No. 3920.20.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( E ) ” w i t h a r ef e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (J)” after the abbreviation “GPT” with a reference to “Free (F)”. 613. Tariff item No. 3920.30.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( F ) ” w i t h a r e f e re n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 614. Tariff item No. 3920.43.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( F ) ” w i t h a r e f e re n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 615. Tariff item No. 3920.49.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( F ) ” w i t h a r e f e re n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”.
Emploi et croissa 616. Tariff item No. 3920.51.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 617. Tariff item No. 3920.59.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( E ) ” w i t h a r ef e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (J)” after the abbreviation “GPT” with a reference to “Free (F)”. 618. Tariff item No. 3920.61.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( E ) ” w i t h a r ef e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (J)” after the abbreviation “GPT” with a reference to “Free (F)”. 619. Tariff item No. 3920.62.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “4% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”.
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Jobs and Econ
620. Tariff item No. 3920.63.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( E ) ” w i t h a r ef e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (J)” after the abbreviation “GPT” with a reference to “Free (F)”. 621. Tariff item No. 3920.71.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( E ) ” w i t h a r ef e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (J)” after the abbreviation “GPT” with a reference to “Free (F)”. 622. Tariff item No. 3920.73.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 623. Tariff item No. 3920.79.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”.
Emploi et croissa 624. Tariff item No. 3920.79.29 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 625. Tariff item No. 3920.92.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( E ) ” w i t h a r ef e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (J)” after the abbreviation “GPT” with a reference to “Free (F)”. 626. Tariff item No. 3920.93.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 5 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 627. Tariff item No. 3920.94.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( E ) ” w i t h a r ef e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (J)” after the abbreviation “GPT” with a reference to “Free (F)”.
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Jobs and Econ
628. Tariff item No. 3920.99.91 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( E ) ” w i t h a r ef e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (J)” after the abbreviation “GPT” with a reference to “Free (F)”. 629. Tariff item No. 3921.11.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 630. Tariff item No. 3921.12.91 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( E ) ” w i t h a r ef e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (J)” after the abbreviation “GPT” with a reference to “Free (F)”. 631. Tariff item No. 3921.12.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( E ) ” w i t h a r ef e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (J)” after the abbreviation “GPT” with a reference to “Free (F)”.
Emploi et croissa 632. Tariff item No. 3921.13.91 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( E ) ” w i t h a r ef e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (J)” after the abbreviation “GPT” with a reference to “Free (F)”. 633. Tariff item No. 3921.13.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( E ) ” w i t h a r ef e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (J)” after the abbreviation “GPT” with a reference to “Free (F)”. 634. Tariff item No. 3921.14.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 635. Tariff item No. 3921.19.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “6.5% (E)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (J)” after the abbreviation “GPT” with a reference to “Free (F)”.
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Jobs and Econ
636. Tariff item No. 3921.90.12 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( E ) ” w i t h a r ef e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “6% (F)” after the abbreviation “GPT” with a reference to “Free (F)”. 637. Tariff item No. 3921.90.19 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( E ) ” w i t h a r ef e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (J)” after the abbreviation “GPT” with a reference to “Free (F)”. 638. Tariff item No. 3921.90.94 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 639. Tariff item No. 3921.90.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( E ) ” w i t h a r ef e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (J)” after the abbreviation “GPT” with a reference to “Free (F)”.
Emploi et croissa 640. Tariff item No. 4005.10.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “6.5% (A)” with a reference to “Free (F)”; (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”; and (c) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 641. Tariff item No. 4005.20.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “6.5% (A)” with a reference to “Free (F)”; (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”; and (c) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 642. Tariff item No. 4005.91.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “6.5% (A)” with a reference to “Free (F)”; (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”; and (c) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”.
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Jobs and Econ
643. Tariff item No. 4005.99.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “6.5% (A)” with a reference to “Free (F)”; (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”; and (c) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 644. Tariff item No. 4006.10.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “6.5% (A)” with a reference to “Free (F)”; (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”; and (c) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 645. Tariff item No. 4006.90.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “6.5% (A)” with a reference to “Free (F)”; (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”; and (c) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”.
Emploi et croissa 646. Tariff item No. 4007.00.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “6.5% (A)” with a reference to “Free (F)”; (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”; and (c) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 647. Tariff item No. 4008.11.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “6.5% (A)” with a reference to “Free (F)”; (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”; and (c) in the column “Preferential Tariff / Final Rate”, the reference to “6.5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 648. Tariff item No. 4008.19.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “6.5% (A)” with a reference to “Free (F)”; (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”; and (c) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”.
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Jobs and Econ
649. Tariff item No. 4008.19.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “6.5% (A)” with a reference to “Free (F)”; (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”; and (c) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 650. Tariff item No. 4008.21.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “6.5% (A)” with a reference to “Free (F)”; (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”; and (c) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 651. Tariff item No. 4008.29.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “7% (A)” with a reference to “Free (F)”; (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”; and (c) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”.
Emploi et croissa 652. Tariff item No. 4008.29.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “7% (A)” with a reference to “Free (F)”; (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”; and (c) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 653. Tariff item No. 4009.11.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “7% (A)” with a reference to “Free (F)”; (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”; and (c) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 654. Tariff item No. 4009.12.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “7% (A)” with a reference to “Free (F)”; (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”; and (c) in the column “Preferential Tariff / Final Rate”, the reference to “5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 655. Tariff item No. 4009.21.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing
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Jobs and Econ
(a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “7% (A)” with a reference to “Free (F)”; (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”; and (c) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 656. Tariff item No. 4009.22.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “7% (A)” with a reference to “Free (F)”; (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”; and (c) in the column “Preferential Tariff / Final Rate”, the reference to “5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 657. Tariff item No. 4009.31.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “11% (A)” with a reference to “Free (F)”; (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”; and (c) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 658. Tariff item No. 4009.32.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “7% (A)” with a reference to “Free (F)”;
Emploi et croissa (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”; and (c) in the column “Preferential Tariff / Final Rate”, the reference to “5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 659. Tariff item No. 4009.41.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “7% (A)” with a reference to “Free (F)”; (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”; and (c) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 660. Tariff item No. 4009.42.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “7% (A)” with a reference to “Free (F)”; (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”; and (c) in the column “Preferential Tariff / Final Rate”, the reference to “5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 661. Tariff item No. 4010.11.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “9% (A)” with a reference to “Free (F)”;
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(b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”; and (c) in the column “Preferential Tariff / Final Rate”, the reference to “2.5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 662. Tariff item No. 4010.11.20 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “11% (A)” with a reference to “Free (F)”; (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”; and (c) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 663. Tariff item No. 4010.12.19 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “9% (A)” with a reference to “Free (F)”; (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”; and (c) in the column “Preferential Tariff / Final Rate”, the reference to “2.5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 664. Tariff item No. 4010.12.29 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “11% (A)” with a reference to “Free (F)”;
Emploi et croissa (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”; and (c) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 665. Tariff item No. 4010.19.19 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “9% (A)” with a reference to “Free (F)”; (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”; and (c) in the column “Preferential Tariff / Final Rate”, the reference to “2.5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 666. Tariff item No. 4010.19.29 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “11% (A)” with a reference to “Free (F)”; (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”; and (c) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 667. Tariff item No. 4104.11.22 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3.5% (A)” with a reference to “Free (F)”. 668. Tariff item No. 4104.11.29 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the
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column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3.5% (A)” with a reference to “Free (F)”. 669. Tariff item No. 4104.11.31 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “5% (A)” with a reference to “Free (F)”. 670. Tariff item No. 4104.11.39 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “5% (A)” with a reference to “Free (F)”. 671. Tariff item No. 4104.11.41 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3% (A)” with a reference to “Free (F)”. 672. Tariff item No. 4104.11.49 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3% (A)” with a reference to “Free (F)”. 673. Tariff item No. 4104.11.91 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3% (A)” with a reference to “Free (F)”. 674. Tariff item No. 4104.11.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3% (A)” with a reference to “Free (F)”. 675. Tariff item No. 4104.19.22 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3.5% (A)” with a reference to “Free (F)”.
Emploi et croissa 676. Tariff item No. 4104.19.29 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3.5% (A)” with a reference to “Free (F)”. 677. Tariff item No. 4104.19.31 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “5% (A)” with a reference to “Free (F)”. 678. Tariff item No. 4104.19.39 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “5% (A)” with a reference to “Free (F)”. 679. Tariff item No. 4104.19.41 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3% (A)” with a reference to “Free (F)”. 680. Tariff item No. 4104.19.49 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3% (A)” with a reference to “Free (F)”. 681. Tariff item No. 4104.19.91 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3% (A)” with a reference to “Free (F)”. 682. Tariff item No. 4104.19.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3% (A)” with a reference to “Free (F)”. 683. Tariff item No. 4104.41.12 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the
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column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3.5% (A)” with a reference to “Free (F)”. 684. Tariff item No. 4104.41.19 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3.5% (A)” with a reference to “Free (F)”. 685. Tariff item No. 4104.41.92 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3% (A)” with a reference to “Free (F)”. 686. Tariff item No. 4104.41.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3% (A)” with a reference to “Free (F)”. 687. Tariff item No. 4104.49.12 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3.5% (A)” with a reference to “Free (F)”. 688. Tariff item No. 4104.49.19 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3.5% (A)” with a reference to “Free (F)”. 689. Tariff item No. 4104.49.22 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3% (A)” with a reference to “Free (F)”. 690. Tariff item No. 4104.49.29 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3% (A)” with a reference to “Free (F)”.
Emploi et croissa 691. Tariff item No. 4104.49.92 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “2.5% (A)” with a reference to “Free (F)”. 692. Tariff item No. 4104.49.93 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “5% (A)” with a reference to “Free (F)”. 693. Tariff item No. 4104.49.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “2.5% (A)” with a reference to “Free (F)”. 694. Tariff item No. 4105.10.12 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3.5% (A)” with a reference to “Free (F)”. 695. Tariff item No. 4105.10.19 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “5% (A)” with a reference to “Free (F)”; (b) in the column “Preferential Tariff / Final Rate”, the reference to “2% (A)” after the abbreviation “AUT” with a reference to “Free (F)”; and (c) in the column “Preferential Tariff / Final Rate”, the reference to “2% (A)” after the abbreviation “NZT” with a reference to “Free (F)”. 696. Tariff item No. 4105.10.29 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “2% (A)” with a reference to “Free (F)”.
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697. Tariff item No. 4105.10.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “2% (A)” with a reference to “Free (F)”. 698. Tariff item No. 4105.30.12 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3.5% (A)” with a reference to “Free (F)”. 699. Tariff item No. 4105.30.19 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “5% (A)” with a reference to “Free (F)”; (b) in the column “Preferential Tariff / Final Rate”, the reference to “2% (A)” after the abbreviation “AUT” with a reference to “Free (F)”; and (c) in the column “Preferential Tariff / Final Rate”, the reference to “2% (A)” after the abbreviation “NZT” with a reference to “Free (F)”. 700. Tariff item No. 4105.30.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “2% (A)” with a reference to “Free (F)”. 701. Tariff item No. 4106.21.29 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “2% (A)” with a reference to “Free (F)”. 702. Tariff item No. 4106.21.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “2% (A)” with a reference to “Free (F)”.
Emploi et croissa 703. Tariff item No. 4106.22.22 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “2% (A)” with a reference to “Free (F)”. 704. Tariff item No. 4106.22.29 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “2% (A)” with a reference to “Free (F)”. 705. Tariff item No. 4106.22.92 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “2.5% (A)” with a reference to “Free (F)”. 706. Tariff item No. 4106.22.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “2.5% (A)” with a reference to “Free (F)”. 707. Tariff item No. 4106.31.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “4% (A)” with a reference to “Free (F)”. 708. Tariff item No. 4106.31.92 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3.5% (A)” with a reference to “Free (F)”. 709. Tariff item No. 4106.31.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “4% (A)” with a reference to “Free (F)”. 710. Tariff item No. 4106.32.20 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the
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column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3.5% (A)” with a reference to “Free (F)”. 711. Tariff item No. 4106.32.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “4% (A)” with a reference to “Free (F)”. 712. Tariff item No. 4106.91.20 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3% (A)” with a reference to “Free (F)”. 713. Tariff item No. 4106.91.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “3% (A)” with a reference to “Free (F)”; (b) in the column “Preferential Tariff / Final Rate”, the reference to “0.5% (A)” after the abbreviation “AUT” with a reference to “Free (F)”; and (c) in the column “Preferential Tariff / Final Rate”, the reference to “0.5% (A)” after the abbreviation “NZT” with a reference to “Free (F)”. 714. Tariff item No. 4106.92.20 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3% (A)” with a reference to “Free (F)”. 715. Tariff item No. 4106.92.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “3% (A)” with a reference to “Free (F)”; (b) in the column “Preferential Tariff / Final Rate”, the reference to “0.5% (A)” after the abbreviation “AUT” with a reference to “Free (F)”; and
Emploi et croissa (c) in the column “Preferential Tariff / Final Rate”, the reference to “0.5% (A)” after the abbreviation “NZT” with a reference to “Free (F)”. 716. Tariff item No. 4107.11.12 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3.5% (A)” with a reference to “Free (F)”. 717. Tariff item No. 4107.11.19 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3.5% (A)” with a reference to “Free (F)”. 718. Tariff item No. 4107.11.92 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3% (A)” with a reference to “Free (F)”. 719. Tariff item No. 4107.11.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3% (A)” with a reference to “Free (F)”. 720. Tariff item No. 4107.12.12 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3.5% (A)” with a reference to “Free (F)”. 721. Tariff item No. 4107.12.19 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3.5% (A)” with a reference to “Free (F)”. 722. Tariff item No. 4107.12.92 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3% (A)” with a reference to “Free (F)”.
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723. Tariff item No. 4107.12.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3% (A)” with a reference to “Free (F)”. 724. Tariff item No. 4107.19.12 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3.5% (A)” with a reference to “Free (F)”. 725. Tariff item No. 4107.19.19 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3.5% (A)” with a reference to “Free (F)”. 726. Tariff item No. 4107.19.92 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “2.5% (A)” with a reference to “Free (F)”. 727. Tariff item No. 4107.19.93 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “5% (A)” with a reference to “Free (F)”. 728. Tariff item No. 4107.19.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “2.5% (A)” with a reference to “Free (F)”. 729. Tariff item No. 4107.91.20 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3% (A)” with a reference to “Free (F)”. 730. Tariff item No. 4107.91.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the
Emploi et croissa column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3% (A)” with a reference to “Free (F)”. 731. Tariff item No. 4107.92.20 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3% (A)” with a reference to “Free (F)”. 732. Tariff item No. 4107.92.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3% (A)” with a reference to “Free (F)”. 733. Tariff item No. 4107.99.20 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “2.5% (A)” with a reference to “Free (F)”. 734. Tariff item No. 4107.99.30 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “5% (A)” with a reference to “Free (F)”. 735. Tariff item No. 4107.99.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “2.5% (A)” with a reference to “Free (F)”. 736. Tariff item No. 4112.00.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “2% (A)” with a reference to “Free (F)”. 737. Tariff item No. 4113.10.20 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “2.5% (A)” with a reference to “Free (F)”.
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738. Tariff item No. 4113.10.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “2.5% (A)” with a reference to “Free (F)”. 739. Tariff item No. 4113.20.20 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3.5% (A)” with a reference to “Free (F)”. 740. Tariff item No. 4113.20.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “4% (A)” with a reference to “Free (F)”. 741. Tariff item No. 4113.90.20 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3% (A)” with a reference to “Free (F)”. 742. Tariff item No. 4113.90.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “3% (A)” with a reference to “Free (F)”; (b) in the column “Preferential Tariff / Final Rate”, the reference to “0.5% (A)” after the abbreviation “AUT” with a reference to “Free (F)”; and (c) in the column “Preferential Tariff / Final Rate”, the reference to “0.5% (A)” after the abbreviation “NZT” with a reference to “Free (F)”. 743. Tariff item No. 4114.10.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “3% (A)” with a reference to “Free (F)”;
Emploi et croissa (b) in the column “Preferential Tariff / Final Rate”, the reference to “0.5% (A)” after the abbreviation “AUT” with a reference to “Free (F)”; and (c) in the column “Preferential Tariff / Final Rate”, the reference to “0.5% (A)” after the abbreviation “NZT” with a reference to “Free (F)”. 744. Tariff item No. 4114.20.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “2% (A)” with a reference to “Free (F)”. 745. Tariff item No. 4302.11.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3% (A)” with a reference to “Free (F)”. 746. Tariff item No. 4302.19.22 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3.5% (A)” with a reference to “Free (F)”. 747. Tariff item No. 4302.19.29 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “6.5% (A)” with a reference to “Free (F)”; (b) in the column “Preferential Tariff / Final Rate”, the reference to “4% (A)” after the abbreviation “GPT” with a reference to “Free (F)”; (c) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “AUT” with a reference to “Free (F)”; and (d) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “NZT” with a reference to “Free (F)”.
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748. Tariff item No. 4302.19.30 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “5% (A)” with a reference to “Free (F)”. 749. Tariff item No. 4302.19.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3% (A)” with a reference to “Free (F)”. 750. Tariff item No. 4302.20.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3% (A)” with a reference to “Free (F)”. 751. Tariff item No. 4408.10.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “6% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 752. Tariff item No. 4408.31.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “6% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 753. Tariff item No. 4408.39.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing
Emploi et croissa (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “6% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 754. Tariff item No. 4408.90.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “6% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 755. Tariff item No. 4410.11.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “2.5% (A)” with a reference to “Free (F)”. 756. Tariff item No. 4410.12.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “2.5% (A)” with a reference to “Free (F)”. 757. Tariff item No. 4410.19.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “2.5% (A)” with a reference to “Free (F)”. 758. Tariff item No. 4412.10.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “5% (A)” with a reference to “Free (F)”; and
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(b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 759. Tariff item No. 4412.10.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “6% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 760. Tariff item No. 4412.31.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “5% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 761. Tariff item No. 4412.32.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “5% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 762. Tariff item No. 4412.39.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “6% (A)” with a reference to “Free (F)”; and
Emploi et croissa (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 763. Tariff item No. 4412.39.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “9.5% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 764. Tariff item No. 4412.94.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “6% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 765. Tariff item No. 4412.99.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “6% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 766. Tariff item No. 4413.00.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3.5% (A)” with a reference to “Free (F)”.
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767. Tariff item No. 4415.20.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “6% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 768. Tariff item No. 4416.00.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3% (A)” with a reference to “Free (F)”. 769. Section XI in the List of Tariff Provisions set out in the schedule to the Act is amended by deleting Supplementary Note 1 and renumbering Supplementary Note 2 as Supplementary Note 1. 770. Tariff item No. 5106.10.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “8% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 771. Tariff item No. 5106.20.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “8% (F)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”.
Emploi et croissa 772. Tariff item No. 5107.10.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “8% (F)” with a reference to “Free (F)”; (b) in the column “Preferential Tariff / Final Rate”, the reference to “5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”; (c) in the column “Preferential Tariff / Final Rate”, the reference to “5.5% (F)” after the abbreviation “AUT” with a reference to “Free (F)”; and (d) in the column “Preferential Tariff / Final Rate”, the reference to “5.5% (F)” after the abbreviation “NZT” with a reference to “Free (F)”. 773. Tariff item No. 5107.20.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “8% (F)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 774. Tariff item No. 5111.11.50 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “12% (A)” with a reference to “Free (F)”. 775. Tariff item No. 5111.11.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “14% (F)” with a reference to “Free (F)”. 776. Tariff item No. 5111.19.31 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the
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column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6.5% (A)” with a reference to “Free (F)”. 777. Tariff item No. 5111.19.32 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “7.5% (A)” with a reference to “Free (F)”. 778. Tariff item No. 5111.19.39 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (F)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “12% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 779. Tariff item No. 5111.19.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (F)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “12% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 780. Tariff item No. 5111.20.19 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (F)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “12% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 781. Tariff item No. 5111.20.29 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the
Emploi et croissa column “Most-Favoured-Nation Tariff / Final Rate” the reference to “12% (A)” with a reference to “Free (F)”. 782. Tariff item No. 5111.20.91 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “14% (F)” with a reference to “Free (F)”. 783. Tariff item No. 5111.20.92 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (F)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “12% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 784. Tariff item No. 5111.30.12 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6.5% (A)” with a reference to “Free (F)”. 785. Tariff item No. 5111.30.13 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “7.5% (A)” with a reference to “Free (F)”. 786. Tariff item No. 5111.30.18 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “14% (F)” with a reference to “Free (F)”. 787. Tariff item No. 5111.30.19 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (F)” with a reference to “Free (F)”; and
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(b) in the column “Preferential Tariff / Final Rate”, the reference to “12% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 788. Tariff item No. 5111.30.29 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “12% (A)” with a reference to “Free (F)”. 789. Tariff item No. 5111.30.91 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “14% (F)” with a reference to “Free (F)”. 790. Tariff item No. 5111.30.92 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (F)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “12% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 791. Tariff item No. 5111.90.50 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “12% (A)” with a reference to “Free (F)”. 792. Tariff item No. 5111.90.91 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “14% (F)” with a reference to “Free (F)”. 793. Tariff item No. 5111.90.92 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (F)” with a reference to “Free (F)”; and
Emploi et croissa (b) in the column “Preferential Tariff / Final Rate”, the reference to “12% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 794. Tariff item No. 5112.11.60 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “12% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”. 795. Tariff item No. 5112.11.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (F)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”. 796. Tariff item No. 5112.19.19 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “13% (F)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”. 797. Tariff item No. 5112.19.94 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (A)” with a reference to “Free (F)”; and
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(b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”. 798. Tariff item No. 5112.19.95 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (A)” with a reference to “Free (F)”; (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”; and (c) in the column “Preferential Tariff / Final Rate”, the reference to “12% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 799. Tariff item No. 5112.20.30 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “12% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”. 800. Tariff item No. 5112.20.91 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (F)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”. 801. Tariff item No. 5112.20.92 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing
Emploi et croissa (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (F)” with a reference to “Free (F)”; (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”; (c) in the column “Preferential Tariff / Final Rate”, the reference to “12% (A)” after the abbreviation “GPT” with a reference to “Free (F)”; (d) in the column “Preferential Tariff / Final Rate”, the reference to “5.5% but not to exceed $1.32/kg (F)” after the abbreviation “AUT” with a reference to “Free (F)”; and (e) in the column “Preferential Tariff / Final Rate”, the reference to “5.5% but not to exceed $1.32/kg (F)” after the abbreviation “NZT” with a reference to “Free (F)”. 802. Tariff item No. 5112.30.29 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “12% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”. 803. Tariff item No. 5112.30.30 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “13% (F)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”.
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804. Tariff item No. 5112.30.91 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (F)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”. 805. Tariff item No. 5112.30.94 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (A)” with a reference to “Free (F)”; (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”; and (c) in the column “Preferential Tariff / Final Rate”, the reference to “12% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 806. Tariff item No. 5112.90.30 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “12% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”. 807. Tariff item No. 5112.90.91 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (F)” with a reference to “Free (F)”; and
Emploi et croissa (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”. 808. Tariff item No. 5112.90.92 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (F)” with a reference to “Free (F)”; (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”; and (c) in the column “Preferential Tariff / Final Rate”, the reference to “12% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 809. Tariff item No. 5113.00.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “14% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 810. Tariff item No. 5203.00.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “5% (A)” with a reference to “Free (F)”. 811. Tariff item No. 5204.11.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 4 . 5 % ( E ) ” w i t h a r ef e r e n c e t o “Free (F)”; and
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(b) in the column “Preferential Tariff / Final Rate”, the reference to “4.5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 812. Tariff item No. 5204.11.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “8% (F)” with a reference to “Free (F)”. 813. Tariff item No. 5205.11.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “8% (F)” with a reference to “Free (F)”. 814. Tariff item No. 5205.12.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “8% (F)” with a reference to “Free (F)”. 815. Tariff item No. 5205.13.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “8% (F)” with a reference to “Free (F)”. 816. Tariff item No. 5205.14.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “8% (F)” with a reference to “Free (F)”. 817. Tariff item No. 5205.21.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “8% (F)” with a reference to “Free (F)”. 818. Tariff item No. 5205.22.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “8% (F)” with a reference to “Free (F)”.
Emploi et croissa 819. Tariff item No. 5205.23.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “8% (F)” with a reference to “Free (F)”. 820. Tariff item No. 5205.24.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “8% (F)” with a reference to “Free (F)”. 821. Tariff item No. 5205.31.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “8% (F)” with a reference to “Free (F)”. 822. Tariff item No. 5205.32.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “8% (F)” with a reference to “Free (F)”. 823. Tariff item No. 5205.41.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “8% (F)” with a reference to “Free (F)”. 824. Tariff item No. 5205.42.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “8% (F)” with a reference to “Free (F)”. 825. Tariff item No. 5206.11.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “8% (F)” with a reference to “Free (F)”. 826. Tariff item No. 5206.12.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the
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column “Most-Favoured-Nation Tariff / Final Rate” the reference to “8% (F)” with a reference to “Free (F)”. 827. Tariff item No. 5206.13.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “8% (F)” with a reference to “Free (F)”. 828. Tariff item No. 5206.22.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “8% (F)” with a reference to “Free (F)”. 829. Tariff item No. 5206.31.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “8% (F)” with a reference to “Free (F)”. 830. Tariff item No. 5206.32.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “8% (F)” with a reference to “Free (F)”. 831. Tariff item No. 5206.34.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “8% (F)” with a reference to “Free (F)”. 832. Tariff item No. 5206.35.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “8% (F)” with a reference to “Free (F)”. 833. Tariff item No. 5206.41.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “8% (F)” with a reference to “Free (F)”.
Emploi et croissa 834. Tariff item No. 5206.42.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “8% (F)” with a reference to “Free (F)”. 835. Tariff item No. 5206.43.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “8% (F)” with a reference to “Free (F)”. 836. Tariff item No. 5206.44.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “8% (F)” with a reference to “Free (F)”. 837. Tariff item No. 5208.12.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “10% (A)” with a reference to “Free (F)”. 838. Tariff item No. 5208.13.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “10% (A)” with a reference to “Free (F)”. 839. Tariff item No. 5208.19.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “10% (A)” with a reference to “Free (F)”. 840. Tariff item No. 5208.21.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “12% (A)” with a reference to “Free (F)”. 841. Tariff item No. 5208.22.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the
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column “Most-Favoured-Nation Tariff / Final Rate” the reference to “12% (F)” with a reference to “Free (F)”. 842. Tariff item No. 5208.23.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “12% (A)” with a reference to “Free (F)”. 843. Tariff item No. 5208.29.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “12% (A)” with a reference to “Free (F)”. 844. Tariff item No. 5208.31.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “12% (A)” with a reference to “Free (F)”. 845. Tariff item No. 5208.32.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “12% (F)” with a reference to “Free (F)”. 846. Tariff item No. 5208.33.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “12% (A)” with a reference to “Free (F)”. 847. Tariff item No. 5208.39.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “12% (F)” with a reference to “Free (F)”. 848. Tariff item No. 5208.41.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “12% (F)” with a reference to “Free (F)”.
Emploi et croissa 849. Tariff item No. 5208.42.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “12% (A)” with a reference to “Free (F)”. 850. Tariff item No. 5208.43.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “12% (F)” with a reference to “Free (F)”. 851. Tariff item No. 5208.49.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “12% (A)” with a reference to “Free (F)”. 852. Tariff item No. 5208.51.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “12% (A)” with a reference to “Free (F)”. 853. Tariff item No. 5208.52.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “12% (F)” with a reference to “Free (F)”. 854. Tariff item No. 5208.59.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “12% (A)” with a reference to “Free (F)”. 855. Tariff item No. 5209.11.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “10% (A)” with a reference to “Free (F)”. 856. Tariff item No. 5209.12.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the
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column “Most-Favoured-Nation Tariff / Final Rate” the reference to “10% (A)” with a reference to “Free (F)”. 857. Tariff item No. 5209.19.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “10% (A)” with a reference to “Free (F)”. 858. Tariff item No. 5209.21.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “12% (F)” with a reference to “Free (F)”; (b) in the column “Preferential Tariff / Final Rate”, the reference to “10.5% (F)” after the abbreviation “AUT” with a reference to “Free (F)”; and (c) in the column “Preferential Tariff / Final Rate”, the reference to “10.5% (F)” after the abbreviation “NZT” with a reference to “Free (F)”. 859. Tariff item No. 5209.22.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “12% (F)” with a reference to “Free (F)”. 860. Tariff item No. 5209.29.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “12% (F)” with a reference to “Free (F)”. 861. Tariff item No. 5209.31.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “12% (F)” with a reference to “Free (F)”. 862. Tariff item No. 5209.32.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the
Emploi et croissa column “Most-Favoured-Nation Tariff / Final Rate” the reference to “12% (F)” with a reference to “Free (F)”. 863. Tariff item No. 5209.39.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “12% (F)” with a reference to “Free (F)”. 864. Tariff item No. 5209.41.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “12% (F)” with a reference to “Free (F)”. 865. Tariff item No. 5209.42.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “12% (A)” with a reference to “Free (F)”; (b) in the column “Preferential Tariff / Final Rate”, the reference to “10.5% (A)” after the abbreviation “AUT” with a reference to “Free (F)”; and (c) in the column “Preferential Tariff / Final Rate”, the reference to “10.5% (A)” after the abbreviation “NZT” with a reference to “Free (F)”. 866. Tariff item No. 5209.43.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “12% (A)” with a reference to “Free (F)”. 867. Tariff item No. 5209.49.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “12% (A)” with a reference to “Free (F)”. 868. Tariff item No. 5209.51.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the
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column “Most-Favoured-Nation Tariff / Final Rate” the reference to “12% (F)” with a reference to “Free (F)”. 869. Tariff item No. 5209.52.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “12% (A)” with a reference to “Free (F)”. 870. Tariff item No. 5209.59.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “12% (A)” with a reference to “Free (F)”. 871. Tariff item No. 5210.11.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “14% (F)” with a reference to “Free (F)”. 872. Tariff item No. 5210.19.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “14% (F)” with a reference to “Free (F)”. 873. Tariff item No. 5210.21.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “14% (F)” with a reference to “Free (F)”. 874. Tariff item No. 5210.29.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “14% (F)” with a reference to “Free (F)”. 875. Tariff item No. 5210.31.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “14% (F)” with a reference to “Free (F)”.
Emploi et croissa 876. Tariff item No. 5210.32.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “14% (F)” with a reference to “Free (F)”. 877. Tariff item No. 5210.39.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “14% (F)” with a reference to “Free (F)”. 878. Tariff item No. 5210.41.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “14% (F)” with a reference to “Free (F)”. 879. Tariff item No. 5210.49.19 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “14% (A)” with a reference to “Free (F)”. 880. Tariff item No. 5210.49.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “14% (A)” with a reference to “Free (F)”. 881. Tariff item No. 5210.51.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “14% (A)” with a reference to “Free (F)”; (b) in the column “Preferential Tariff / Final Rate”, the reference to “8% (A)” after the abbreviation “AUT” with a reference to “Free (F)”; and (c) in the column “Preferential Tariff / Final Rate”, the reference to “8% (A)” after the abbreviation “NZT” with a reference to “Free (F)”.
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882. Tariff item No. 5210.59.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “14% (F)” with a reference to “Free (F)”. 883. Tariff item No. 5211.11.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “14% (F)” with a reference to “Free (F)”. 884. Tariff item No. 5211.12.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “14% (A)” with a reference to “Free (F)”. 885. Tariff item No. 5211.19.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “14% (F)” with a reference to “Free (F)”. 886. Tariff item No. 5211.20.19 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “14% (A)” with a reference to “Free (F)”. 887. Tariff item No. 5211.20.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “14% (A)” with a reference to “Free (F)”. 888. Tariff item No. 5211.31.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “14% (F)” with a reference to “Free (F)”. 889. Tariff item No. 5211.32.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the
Emploi et croissa column “Most-Favoured-Nation Tariff / Final Rate” the reference to “14% (A)” with a reference to “Free (F)”. 890. Tariff item No. 5211.39.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “14% (F)” with a reference to “Free (F)”. 891. Tariff item No. 5211.41.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “14% (A)” with a reference to “Free (F)”. 892. Tariff item No. 5211.42.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “14% (A)” with a reference to “Free (F)”. 893. Tariff item No. 5211.43.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “14% (A)” with a reference to “Free (F)”. 894. Tariff item No. 5211.51.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “14% (F)” with a reference to “Free (F)”. 895. Tariff item No. 5211.52.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “14% (A)” with a reference to “Free (F)”. 896. Tariff item No. 5211.59.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “14% (F)” with a reference to “Free (F)”.
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897. Tariff item No. 5212.11.30 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “8% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 898. Tariff item No. 5212.11.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “13% (F)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “10% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 899. Tariff item No. 5212.12.30 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “8% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 900. Tariff item No. 5212.12.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “13% (F)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “10% (A)” after the abbreviation “GPT” with a reference to “Free (F)”.
Emploi et croissa 901. Tariff item No. 5212.13.40 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “8% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 902. Tariff item No. 5212.13.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “13% (F)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “10% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 903. Tariff item No. 5212.14.40 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “8% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 904. Tariff item No. 5212.14.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “13% (F)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “10% (A)” after the abbreviation “GPT” with a reference to “Free (F)”.
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905. Tariff item No. 5212.15.30 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “8% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 906. Tariff item No. 5212.15.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “13% (F)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “10% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 907. Tariff item No. 5212.21.30 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “8% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 908. Tariff item No. 5212.21.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “13% (F)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “10% (A)” after the abbreviation “GPT” with a reference to “Free (F)”.
Emploi et croissa 909. Tariff item No. 5212.22.30 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “8% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 910. Tariff item No. 5212.22.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “13% (F)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “10% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 911. Tariff item No. 5212.23.30 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “8% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 912. Tariff item No. 5212.23.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “13% (F)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “10% (A)” after the abbreviation “GPT” with a reference to “Free (F)”.
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913. Tariff item No. 5212.24.30 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “8% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 914. Tariff item No. 5212.24.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “13% (F)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “10% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 915. Tariff item No. 5212.25.30 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “8% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 916. Tariff item No. 5212.25.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “13% (F)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “10% (A)” after the abbreviation “GPT” with a reference to “Free (F)”.
Emploi et croissa 917. Tariff item No. 5308.90.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “8% (F)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 918. Tariff item No. 5309.11.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “8% (E)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 919. Tariff item No. 5309.19.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “8% (E)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 920. Tariff item No. 5309.21.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “14% (A)” after the abbreviation “GPT” with a reference to “Free (F)”.
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Jobs and Econ
921. Tariff item No. 5309.29.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (F)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “14% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 922. Tariff item No. 5310.90.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “12% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “8% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 923. Tariff item No. 5311.00.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “9% (E)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “9% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 924. Tariff item No. 5401.10.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “8% (F)” with a reference to “Free (F)”. 925. Tariff item No. 5402.11.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing
Emploi et croissa (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “8% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 926. Tariff item No. 5402.19.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “8% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 927. Tariff item No. 5402.20.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “8% (F)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 928. Tariff item No. 5402.31.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “8% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “8% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 929. Tariff item No. 5402.32.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing
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Jobs and Econ
(a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “8% (F)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 930. Tariff item No. 5402.33.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “8% (F)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “8% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 931. Tariff item No. 5402.34.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “8% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “8% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 932. Tariff item No. 5402.39.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “8% (F)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “8% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 933. Tariff item No. 5402.51.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing
Emploi et croissa (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “8% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “8% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 934. Tariff item No. 5402.52.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “8% (F)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 935. Tariff item No. 5402.59.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “8% (F)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “8% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 936. Tariff item No. 5402.61.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “8% (F)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 937. Tariff item No. 5402.62.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the
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Jobs and Econ
column “Most-Favoured-Nation Tariff / Final Rate” the reference to “8% (F)” with a reference to “Free (F)”. 938. Tariff item No. 5402.69.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “8% (F)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “8% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 939. Tariff item No. 5407.10.20 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 11 % ( A ) ” w i t h a r e f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”. 940. Tariff item No. 5407.10.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (F)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”. 941. Tariff item No. 5407.20.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (A)” with a reference to “Free (F)”; and
Emploi et croissa (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”. 942. Tariff item No. 5407.30.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”. 943. Tariff item No. 5407.41.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (F)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”. 944. Tariff item No. 5407.42.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (F)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”. 945. Tariff item No. 5407.43.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (F)” with a reference to “Free (F)”; and
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Jobs and Econ
(b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”. 946. Tariff item No. 5407.44.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (F)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”. 947. Tariff item No. 5407.51.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (F)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”. 948. Tariff item No. 5407.52.19 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “10% (A)” with a reference to “Free (F)”; (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”; and (c) in the column “Preferential Tariff / Final Rate”, the reference to “6.5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 949. Tariff item No. 5407.52.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing
Emploi et croissa (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (F)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”. 950. Tariff item No. 5407.53.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (F)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”. 951. Tariff item No. 5407.54.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”. 952. Tariff item No. 5407.61.11 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 11 % ( A ) ” w i t h a r e f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”. 953. Tariff item No. 5407.61.19 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing
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Jobs and Econ
(a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (F)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”. 954. Tariff item No. 5407.61.93 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 11 % ( A ) ” w i t h a r e f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”. 955. Tariff item No. 5407.61.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (F)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”. 956. Tariff item No. 5407.69.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (F)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”. 957. Tariff item No. 5407.71.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing
Emploi et croissa (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (F)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”. 958. Tariff item No. 5407.72.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (F)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”. 959. Tariff item No. 5407.73.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (F)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”. 960. Tariff item No. 5407.74.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (F)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”. 961. Tariff item No. 5407.81.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing
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Jobs and Econ
(a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”. 962. Tariff item No. 5407.82.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”. 963. Tariff item No. 5407.83.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”. 964. Tariff item No. 5407.84.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”. 965. Tariff item No. 5407.91.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing
Emploi et croissa (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (F)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”. 966. Tariff item No. 5407.92.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (F)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”. 967. Tariff item No. 5407.93.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (F)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”. 968. Tariff item No. 5407.94.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (F)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”. 969. Tariff item No. 5408.10.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing
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Jobs and Econ
(a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”. 970. Tariff item No. 5408.21.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (F)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”. 971. Tariff item No. 5408.22.29 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (F)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”. 972. Tariff item No. 5408.22.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”. 973. Tariff item No. 5408.23.19 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing
Emploi et croissa (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”. 974. Tariff item No. 5408.23.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”. 975. Tariff item No. 5408.24.19 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (F)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”. 976. Tariff item No. 5408.24.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (F)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”. 977. Tariff item No. 5408.31.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing
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Jobs and Econ
(a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (F)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”. 978. Tariff item No. 5408.32.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (F)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”. 979. Tariff item No. 5408.33.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (F)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”. 980. Tariff item No. 5408.34.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (F)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”. 981. Tariff item No. 5508.10.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the
Emploi et croissa column “Most-Favoured-Nation Tariff / Final Rate” the reference to “8% (A)” with a reference to “Free (F)”. 982. Tariff item No. 5509.11.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “8% (F)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “8% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 983. Tariff item No. 5509.12.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “8% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “8% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 984. Tariff item No. 5509.21.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “8% (F)” with a reference to “Free (F)”. 985. Tariff item No. 5509.22.30 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “8% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “8% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 986. Tariff item No. 5509.22.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the
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Jobs and Econ
column “Most-Favoured-Nation Tariff / Final Rate” the reference to “8% (F)” with a reference to “Free (F)”. 987. Tariff item No. 5509.31.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “8% (F)” with a reference to “Free (F)”. 988. Tariff item No. 5509.32.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “8% (F)” with a reference to “Free (F)”. 989. Tariff item No. 5509.41.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “8% (F)” with a reference to “Free (F)”. 990. Tariff item No. 5509.42.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “8% (F)” with a reference to “Free (F)”. 991. Tariff item No. 5509.52.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “8% (F)” with a reference to “Free (F)”. 992. Tariff item No. 5509.53.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “8% (F)” with a reference to “Free (F)”. 993. Tariff item No. 5509.61.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “8% (F)” with a reference to “Free (F)”.
Emploi et croissa 994. Tariff item No. 5509.62.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “8% (F)” with a reference to “Free (F)”. 995. Tariff item No. 5509.91.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “8% (F)” with a reference to “Free (F)”. 996. Tariff item No. 5509.92.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “8% (F)” with a reference to “Free (F)”. 997. Tariff item No. 5509.99.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “8% (F)” with a reference to “Free (F)”. 998. Tariff item No. 5510.11.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “8% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “8% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 999. Tariff item No. 5510.12.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “8% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “8% (A)” after the abbreviation “GPT” with a reference to “Free (F)”.
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Jobs and Econ
1000. Tariff item No. 5510.20.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “8% (F)” with a reference to “Free (F)”. 1001. Tariff item No. 5510.30.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “8% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “8% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1002. Tariff item No. 5510.90.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “8% (F)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “8% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1003. Tariff item No. 5512.11.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”. 1004. Tariff item No. 5512.19.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing
Emploi et croissa (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”. 1005. Tariff item No. 5512.21.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”. 1006. Tariff item No. 5512.29.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”. 1007. Tariff item No. 5512.91.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”. 1008. Tariff item No. 5512.99.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing
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Jobs and Econ
(a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”. 1009. Tariff item No. 5513.11.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”. 1010. Tariff item No. 5513.12.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “14% (A)” with a reference to “Free (F)”. 1011. Tariff item No. 5513.13.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “14% (A)” with a reference to “Free (F)”. 1012. Tariff item No. 5513.19.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (F)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”. 1013. Tariff item No. 5513.21.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing
Emploi et croissa (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (F)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”. 1014. Tariff item No. 5513.23.19 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”. 1015. Tariff item No. 5513.23.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”. 1016. Tariff item No. 5513.29.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”. 1017. Tariff item No. 5513.31.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing
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Jobs and Econ
(a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (F)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”. 1018. Tariff item No. 5513.39.19 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”. 1019. Tariff item No. 5513.39.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”. 1020. Tariff item No. 5513.41.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (F)” with a reference to “Free (F)”; (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”; (c) in the column “Preferential Tariff / Final Rate”, the reference to “8% (F)” after the abbreviation “AUT” with a reference to “Free (F)”; and
Emploi et croissa (d) in the column “Preferential Tariff / Final Rate”, the reference to “8% (F)” after the abbreviation “NZT” with a reference to “Free (F)”. 1021. Tariff item No. 5513.49.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”. 1022. Tariff item No. 5514.11.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “14% (A)” with a reference to “Free (F)”. 1023. Tariff item No. 5514.12.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “14% (F)” with a reference to “Free (F)”. 1024. Tariff item No. 5514.19.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”. 1025. Tariff item No. 5514.21.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (F)” with a reference to “Free (F)”; and
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Jobs and Econ
(b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”. 1026. Tariff item No. 5514.22.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (F)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”. 1027. Tariff item No. 5514.23.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”. 1028. Tariff item No. 5514.29.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”. 1029. Tariff item No. 5514.30.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (A)” with a reference to “Free (F)”; and
Emploi et croissa (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”. 1030. Tariff item No. 5514.41.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (F)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”. 1031. Tariff item No. 5514.42.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (F)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”. 1032. Tariff item No. 5514.43.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”. 1033. Tariff item No. 5514.49.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (A)” with a reference to “Free (F)”; and
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Jobs and Econ
(b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”. 1034. Tariff item No. 5515.11.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (F)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”. 1035. Tariff item No. 5515.12.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”. 1036. Tariff item No. 5515.13.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (A)” with a reference to “Free (F)”; (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”; and (c) in the column “Preferential Tariff / Final Rate”, the reference to “14% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1037. Tariff item No. 5515.19.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing
Emploi et croissa (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”. 1038. Tariff item No. 5515.21.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”. 1039. Tariff item No. 5515.22.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (F)” with a reference to “Free (F)”; (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”; and (c) in the column “Preferential Tariff / Final Rate”, the reference to “10% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1040. Tariff item No. 5515.29.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”.
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Jobs and Econ
1041. Tariff item No. 5515.91.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”. 1042. Tariff item No. 5515.99.19 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (A)” with a reference to “Free (F)”; (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”; and (c) in the column “Preferential Tariff / Final Rate”, the reference to “10% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1043. Tariff item No. 5515.99.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”. 1044. Tariff item No. 5516.13.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (A)” with a reference to “Free (F)”; and
Emploi et croissa (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”. 1045. Tariff item No. 5516.14.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (F)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”. 1046. Tariff item No. 5516.21.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”. 1047. Tariff item No. 5516.22.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”. 1048. Tariff item No. 5516.23.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (A)” with a reference to “Free (F)”; and
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Jobs and Econ
(b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”. 1049. Tariff item No. 5516.24.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (F)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”. 1050. Tariff item No. 5516.31.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (F)” with a reference to “Free (F)”; (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”; and (c) in the column “Preferential Tariff / Final Rate”, the reference to “10% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1051. Tariff item No. 5516.32.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (F)” with a reference to “Free (F)”; (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”; and (c) in the column “Preferential Tariff / Final Rate”, the reference to “14% (A)” after the abbreviation “GPT” with a reference to “Free (F)”.
Emploi et croissa 1052. Tariff item No. 5516.33.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (F)” with a reference to “Free (F)”; (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”; and (c) in the column “Preferential Tariff / Final Rate”, the reference to “10% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1053. Tariff item No. 5516.34.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (F)” with a reference to “Free (F)”; (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”; and (c) in the column “Preferential Tariff / Final Rate”, the reference to “10% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1054. Tariff item No. 5516.41.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (F)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”. 1055. Tariff item No. 5516.42.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing
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Jobs and Econ
(a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (F)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”. 1056. Tariff item No. 5516.43.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (F)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”. 1057. Tariff item No. 5516.44.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (F)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”. 1058. Tariff item No. 5516.91.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”. 1059. Tariff item No. 5516.92.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing
Emploi et croissa (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”. 1060. Tariff item No. 5516.94.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”. 1061. Tariff item No. 5601.21.29 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “5% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1062. Tariff item No. 5601.29.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “6% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1063. Tariff item No. 5602.10.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing
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Jobs and Econ
(a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (F)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “10% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1064. Tariff item No. 5602.21.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “12% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “10% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1065. Tariff item No. 5602.29.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “14% (F)” with a reference to “Free (F)”. 1066. Tariff item No. 5602.90.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “10% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1067. Tariff item No. 5603.11.30 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “12.5% (A)” with a reference to “Free (F)”; and
Emploi et croissa (b) in the column “Preferential Tariff / Final Rate”, the reference to “8% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1068. Tariff item No. 5603.11.40 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “13.5% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1069. Tariff item No. 5603.11.50 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “14% (F)” with a reference to “Free (F)”. 1070. Tariff item No. 5603.11.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “14% (A)” with a reference to “Free (F)”. 1071. Tariff item No. 5603.12.30 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “12.5% (A)” with a reference to “Free (F)”; (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (R2)” after the abbreviation “PT” with a reference to “Free (F)”; and (c) in the column “Preferential Tariff / Final Rate”, the reference to “8% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1072. Tariff item No. 5603.12.40 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing
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Jobs and Econ
(a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “13.5% (A)” with a reference to “Free (F)”; (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (R2)” after the abbreviation “PT” with a reference to “Free (F)”; and (c) in the column “Preferential Tariff / Final Rate”, the reference to “5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1073. Tariff item No. 5603.12.50 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (F)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (R2)” after the abbreviation “PT” with a reference to “Free (F)”. 1074. Tariff item No. 5603.12.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (R2)” after the abbreviation “PT” with a reference to “Free (F)”. 1075. Tariff item No. 5603.13.30 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “12.5% (A)” with a reference to “Free (F)”; (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (R2)” after the abbreviation “PT” with a reference to “Free (F)”; and
Emploi et croissa (c) in the column “Preferential Tariff / Final Rate”, the reference to “8% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1076. Tariff item No. 5603.13.40 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “13.5% (A)” with a reference to “Free (F)”; (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (R2)” after the abbreviation “PT” with a reference to “Free (F)”; and (c) in the column “Preferential Tariff / Final Rate”, the reference to “5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1077. Tariff item No. 5603.13.50 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (F)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (R2)” after the abbreviation “PT” with a reference to “Free (F)”. 1078. Tariff item No. 5603.13.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (R2)” after the abbreviation “PT” with a reference to “Free (F)”. 1079. Tariff item No. 5603.14.30 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing
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Jobs and Econ
(a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “12.5% (A)” with a reference to “Free (F)”; (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (R2)” after the abbreviation “PT” with a reference to “Free (F)”; and (c) in the column “Preferential Tariff / Final Rate”, the reference to “8% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1080. Tariff item No. 5603.14.40 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “13.5% (A)” with a reference to “Free (F)”; (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (R2)” after the abbreviation “PT” with a reference to “Free (F)”; and (c) in the column “Preferential Tariff / Final Rate”, the reference to “5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1081. Tariff item No. 5603.14.50 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (F)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (R2)” after the abbreviation “PT” with a reference to “Free (F)”. 1082. Tariff item No. 5603.14.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (A)” with a reference to “Free (F)”; and
Emploi et croissa (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (R2)” after the abbreviation “PT” with a reference to “Free (F)”. 1083. Tariff item No. 5603.91.50 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “9% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1084. Tariff item No. 5603.91.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “14% (F)” with a reference to “Free (F)”. 1085. Tariff item No. 5603.92.60 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “9% (A)” with a reference to “Free (F)”; (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (R2)” after the abbreviation “PT” with a reference to “Free (F)”; and (c) in the column “Preferential Tariff / Final Rate”, the reference to “5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1086. Tariff item No. 5603.92.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (A)” with a reference to “Free (F)”; and
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Jobs and Econ
(b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (R2)” after the abbreviation “PT” with a reference to “Free (F)”. 1087. Tariff item No. 5603.93.60 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “9% (A)” with a reference to “Free (F)”; (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (R2)” after the abbreviation “PT” with a reference to “Free (F)”; and (c) in the column “Preferential Tariff / Final Rate”, the reference to “5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1088. Tariff item No. 5603.93.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (F)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (R2)” after the abbreviation “PT” with a reference to “Free (F)”. 1089. Tariff item No. 5603.94.50 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “9% (A)” with a reference to “Free (F)”; (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (R2)” after the abbreviation “PT” with a reference to “Free (F)”; and (c) in the column “Preferential Tariff / Final Rate”, the reference to “5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”.
Emploi et croissa 1090. Tariff item No. 5603.94.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (F)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (R2)” after the abbreviation “PT” with a reference to “Free (F)”. 1091. Tariff item No. 5604.90.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “8% (A)” with a reference to “Free (F)”. 1092. Tariff item No. 5606.00.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “8% (F)” with a reference to “Free (F)”. 1093. Tariff item No. 5801.10.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “10% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1094. Tariff item No. 5801.22.29 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “12% (A)” with a reference to “Free (F)”. 1095. Tariff item No. 5801.22.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing
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Jobs and Econ
(a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “14% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1096. Tariff item No. 5801.23.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “12% (A)” with a reference to “Free (F)”. 1097. Tariff item No. 5801.24.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “12% (A)” with a reference to “Free (F)”. 1098. Tariff item No. 5801.25.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “12% (E)” with a reference to “Free (F)”. 1099. Tariff item No. 5801.25.29 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “14% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1100. Tariff item No. 5801.26.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “12% (A)” with a reference to “Free (F)”; and
Emploi et croissa (b) in the column “Preferential Tariff / Final Rate”, the reference to “10% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1101. Tariff item No. 5801.31.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “14% (A)” with a reference to “Free (F)”. 1102. Tariff item No. 5801.32.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (F)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “14% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1103. Tariff item No. 5801.33.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “14% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1104. Tariff item No. 5801.34.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “14% (A)” with a reference to “Free (F)”. 1105. Tariff item No. 5801.35.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (A)” with a reference to “Free (F)”; and
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Jobs and Econ
(b) in the column “Preferential Tariff / Final Rate”, the reference to “14% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1106. Tariff item No. 5801.36.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “10% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1107. Tariff item No. 5801.90.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “12% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “10% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1108. Tariff item No. 5802.11.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “14% (F)” with a reference to “Free (F)”. 1109. Tariff item No. 5802.19.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “12% (F)” with a reference to “Free (F)”. 1110. Tariff item No. 5802.20.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “14% (A)” with a reference to “Free (F)”.
Emploi et croissa 1111. Tariff item No. 5802.30.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “14% (A)” with a reference to “Free (F)”. 1112. Tariff item No. 5803.00.19 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “12% (A)” with a reference to “Free (F)”. 1113. Tariff item No. 5803.00.22 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “12% (A)” with a reference to “Free (F)”. 1114. Tariff item No. 5803.00.29 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “14% (A)” with a reference to “Free (F)”. 1115. Tariff item No. 5803.00.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “10% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1116. Tariff item No. 5804.10.30 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “7% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”.
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Jobs and Econ
1117. Tariff item No. 5804.10.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “12% (F)” with a reference to “Free (F)”. 1118. Tariff item No. 5804.21.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “12% (A)” with a reference to “Free (F)”. 1119. Tariff item No. 5804.29.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “7% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1120. Tariff item No. 5804.30.30 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “7% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1121. Tariff item No. 5804.30.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “12% (F)” with a reference to “Free (F)”. 1122. Tariff item No. 5806.10.19 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “12% (A)” with a reference to “Free (F)”;
Emploi et croissa (b) in the column “Preferential Tariff / Final Rate”, the reference to “10% (A)” after the abbreviation “GPT” with a reference to “Free (F)”; (c) in the column “Preferential Tariff / Final Rate”, the reference to “9% (A)” after the abbreviation “AUT” with a reference to “Free (F)”; and (d) in the column “Preferential Tariff / Final Rate”, the reference to “9% (A)” after the abbreviation “NZT” with a reference to “Free (F)”. 1123. Tariff item No. 5806.10.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “14% (A)” with a reference to “Free (F)”. 1124. Tariff item No. 5806.20.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “14% (F)” with a reference to “Free (F)”. 1125. Tariff item No. 5806.31.40 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “12% (A)” with a reference to “Free (F)”. 1126. Tariff item No. 5806.31.50 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “12% (A)” with a reference to “Free (F)”. 1127. Tariff item No. 5806.31.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “12% (F)” with a reference to “Free (F)”. 1128. Tariff item No. 5806.32.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the
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Jobs and Econ
column “Most-Favoured-Nation Tariff / Final Rate” the reference to “14% (A)” with a reference to “Free (F)”. 1129. Tariff item No. 5806.39.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “10% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1130. Tariff item No. 5806.40.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “14% (A)” with a reference to “Free (F)”. 1131. Tariff item No. 5807.10.19 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (A)” with a reference to “Free (F)”; (b) in the column “Preferential Tariff / Final Rate”, the reference to “14% (A)” after the abbreviation “GPT” with a reference to “Free (F)”; (c) in the column “Preferential Tariff / Final Rate”, the reference to “10% (A)” after the abbreviation “AUT” with a reference to “Free (F)”; and (d) in the column “Preferential Tariff / Final Rate”, the reference to “10% (A)” after the abbreviation “NZT” with a reference to “Free (F)”. 1132. Tariff item No. 5807.10.29 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “12% (A)” with a reference to “Free (F)”; and
Emploi et croissa (b) in the column “Preferential Tariff / Final Rate”, the reference to “8% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1133. Tariff item No. 5807.90.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “12% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “8% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1134. Tariff item No. 5808.10.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “12% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “8% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1135. Tariff item No. 5808.90.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “14% (A)” with a reference to “Free (F)”. 1136. Tariff item No. 5809.00.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “14% (A)” with a reference to “Free (F)”. 1137. Tariff item No. 5810.10.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “8% (A)” with a reference to “Free (F)”; and
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(b) in the column “Preferential Tariff / Final Rate”, the reference to “5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1138. Tariff item No. 5810.91.30 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “7% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1139. Tariff item No. 5810.91.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “12% (F)” with a reference to “Free (F)”. 1140. Tariff item No. 5810.92.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “12% (A)” with a reference to “Free (F)”. 1141. Tariff item No. 5810.99.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “12% (A)” with a reference to “Free (F)”. 1142. Tariff item No. 5811.00.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “14% (E)” with a reference to “Free (F)”. 1143. Tariff item No. 5811.00.29 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “14% (F)” with a reference to “Free (F)”.
Emploi et croissa 1144. Tariff item No. 5811.00.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “14% (E)” with a reference to “Free (F)”. 1145. Tariff item No. 5901.10.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (F)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “10% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1146. Tariff item No. 5901.90.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (F)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “10% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1147. Tariff item No. 5902.10.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “8% (E)” with a reference to “Free (F)”. 1148. Tariff item No. 5902.20.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “8% (E)” with a reference to “Free (F)”. 1149. Tariff item No. 5902.90.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “8% (E)” with a reference to “Free (F)”.
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1150. Tariff item No. 5903.10.19 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (F)” with a reference to “Free (F)”; (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (R2)” after the abbreviation “PT” with a reference to “Free (F)”; and (c) in the column “Preferential Tariff / Final Rate”, the reference to “14% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1151. Tariff item No. 5903.10.29 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (F)” with a reference to “Free (F)”; (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (R2)” after the abbreviation “PT” with a reference to “Free (F)”; and (c) in the column “Preferential Tariff / Final Rate”, the reference to “14% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1152. Tariff item No. 5903.20.19 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (F)” with a reference to “Free (F)”; (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (R2)” after the abbreviation “PT” with a reference to “Free (F)”; and (c) in the column “Preferential Tariff / Final Rate”, the reference to “14% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1153. Tariff item No. 5903.20.23 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing
Emploi et croissa (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “10% (A)” with a reference to “Free (F)”; (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (R2)” after the abbreviation “PT” with a reference to “Free (F)”; and (c) in the column “Preferential Tariff / Final Rate”, the reference to “5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1154. Tariff item No. 5903.20.29 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (F)” with a reference to “Free (F)”; (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (R2)” after the abbreviation “PT” with a reference to “Free (F)”; and (c) in the column “Preferential Tariff / Final Rate”, the reference to “14% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1155. Tariff item No. 5903.90.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (F)” with a reference to “Free (F)”; (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (R2)” after the abbreviation “PT” with a reference to “Free (F)”; and (c) in the column “Preferential Tariff / Final Rate”, the reference to “10% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1156. Tariff item No. 5903.90.29 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (F)” with a reference to “Free (F)”;
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Jobs and Econ
(b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (R2)” after the abbreviation “PT” with a reference to “Free (F)”; and (c) in the column “Preferential Tariff / Final Rate”, the reference to “10% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1157. Tariff item No. 5906.10.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (F)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “10% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1158. Tariff item No. 5906.91.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “10% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1159. Tariff item No. 5906.99.19 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “10% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1160. Tariff item No. 5906.99.22 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the
Emploi et croissa column “Most-Favoured-Nation Tariff / Final Rate” the reference to “11% (A)” with a reference to “Free (F)”. 1161. Tariff item No. 5906.99.29 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (F)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “10% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1162. Tariff item No. 5907.00.13 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “7% (E)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (J)” after the abbreviation “GPT” with a reference to “Free (F)”. 1163. Tariff item No. 5907.00.18 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (F)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “10% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1164. Tariff item No. 5907.00.19 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (F)” with a reference to “Free (F)”; and
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Jobs and Econ
(b) in the column “Preferential Tariff / Final Rate”, the reference to “14% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1165. Tariff item No. 5910.00.19 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “9% (A)” with a reference to “Free (F)”. 1166. Tariff item No. 5910.00.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “11.3% (F)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “8% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1167. Tariff item No. 5911.10.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (F)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “10% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1168. Tariff item No. 5911.20.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “14% (F)” with a reference to “Free (F)”. 1169. Tariff item No. 5911.31.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6% (E)” with a reference to “Free (F)”.
Emploi et croissa 1170. Tariff item No. 5911.32.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6% (E)” with a reference to “Free (F)”. 1171. Tariff item No. 5911.40.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (F)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “10% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1172. Tariff item No. 5911.90.20 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “9% (A)” with a reference to “Free (F)”. 1173. Tariff item No. 5911.90.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “12% (F)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “8% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1174. Tariff item No. 6001.10.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “14% (F)” with a reference to “Free (F)”. 1175. Tariff item No. 6001.21.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing
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Jobs and Econ
(a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (F)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “14% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1176. Tariff item No. 6001.29.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “12% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1177. Tariff item No. 6001.91.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (F)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “12% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1178. Tariff item No. 6001.92.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “14% (F)” with a reference to “Free (F)”. 1179. Tariff item No. 6001.99.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “14% (A)” with a reference to “Free (F)”; and
Emploi et croissa (b) in the column “Preferential Tariff / Final Rate”, the reference to “12% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1180. Tariff item No. 6002.40.40 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “10% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1181. Tariff item No. 6002.40.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “14% (F)” with a reference to “Free (F)”. 1182. Tariff item No. 6002.90.19 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “10% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1183. Tariff item No. 6002.90.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “14% (F)” with a reference to “Free (F)”. 1184. Tariff item No. 6003.10.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “14% (A)” with a reference to “Free (F)”.
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Jobs and Econ
1185. Tariff item No. 6003.20.40 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “10% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1186. Tariff item No. 6003.20.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “14% (F)” with a reference to “Free (F)”. 1187. Tariff item No. 6003.30.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “14% (A)” with a reference to “Free (F)”. 1188. Tariff item No. 6003.40.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “14% (A)” with a reference to “Free (F)”. 1189. Tariff item No. 6003.90.40 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “10% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1190. Tariff item No. 6003.90.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “14% (F)” with a reference to “Free (F)”.
Emploi et croissa 1191. Tariff item No. 6004.10.19 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “10% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1192. Tariff item No. 6004.10.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “14% (F)” with a reference to “Free (F)”. 1193. Tariff item No. 6004.90.30 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “10% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1194. Tariff item No. 6004.90.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “14% (F)” with a reference to “Free (F)”. 1195. Tariff item No. 6005.21.30 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “10% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”.
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1196. Tariff item No. 6005.21.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “14% (F)” with a reference to “Free (F)”. 1197. Tariff item No. 6005.22.30 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “10% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1198. Tariff item No. 6005.22.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “14% (F)” with a reference to “Free (F)”. 1199. Tariff item No. 6005.23.30 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “10% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1200. Tariff item No. 6005.23.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “14% (F)” with a reference to “Free (F)”. 1201. Tariff item No. 6005.24.30 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing
Emploi et croissa (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “10% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1202. Tariff item No. 6005.24.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “14% (F)” with a reference to “Free (F)”. 1203. Tariff item No. 6005.31.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “14% (F)” with a reference to “Free (F)”. 1204. Tariff item No. 6005.32.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “14% (F)” with a reference to “Free (F)”. 1205. Tariff item No. 6005.33.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “14% (A)” with a reference to “Free (F)”. 1206. Tariff item No. 6005.34.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “14% (F)” with a reference to “Free (F)”. 1207. Tariff item No. 6005.41.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “14% (F)” with a reference to “Free (F)”. 1208. Tariff item No. 6005.42.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing
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in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “14% (F)” with a reference to “Free (F)”. 1209. Tariff item No. 6005.43.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “14% (A)” with a reference to “Free (F)”. 1210. Tariff item No. 6005.44.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “14% (F)” with a reference to “Free (F)”. 1211. Tariff item No. 6005.90.29 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “14% (A)” with a reference to “Free (F)”. 1212. Tariff item No. 6005.90.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “10% (A)” with a reference to “Free (F)”. 1213. Tariff item No. 6006.21.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “14% (F)” with a reference to “Free (F)”. 1214. Tariff item No. 6006.21.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “14% (F)” with a reference to “Free (F)”. 1215. Tariff item No. 6006.22.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “14% (F)” with a reference to “Free (F)”.
Emploi et croissa 1216. Tariff item No. 6006.22.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “14% (F)” with a reference to “Free (F)”. 1217. Tariff item No. 6006.23.29 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “14% (A)” with a reference to “Free (F)”. 1218. Tariff item No. 6006.23.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “14% (F)” with a reference to “Free (F)”. 1219. Tariff item No. 6006.24.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “14% (F)” with a reference to “Free (F)”. 1220. Tariff item No. 6006.24.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “14% (F)” with a reference to “Free (F)”. 1221. Tariff item No. 6006.31.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “14% (F)” with a reference to “Free (F)”. 1222. Tariff item No. 6006.32.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “14% (F)” with a reference to “Free (F)”. 1223. Tariff item No. 6006.33.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing
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in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “14% (F)” with a reference to “Free (F)”. 1224. Tariff item No. 6006.34.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “14% (F)” with a reference to “Free (F)”. 1225. Tariff item No. 6006.41.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “14% (F)” with a reference to “Free (F)”. 1226. Tariff item No. 6006.42.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “14% (F)” with a reference to “Free (F)”. 1227. Tariff item No. 6006.43.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “14% (F)” with a reference to “Free (F)”. 1228. Tariff item No. 6006.44.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “14% (F)” with a reference to “Free (F)”. 1229. Tariff item No. 6006.90.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “14% (F)” with a reference to “Free (F)”. 1230. Tariff item No. 6804.10.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6.5% (A)” with a reference to “Free (F)”.
Emploi et croissa 1231. Tariff item No. 6804.23.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6.5% (A)” with a reference to “Free (F)”. 1232. Tariff item No. 6805.10.20 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “5% (A)” with a reference to “Free (F)”. 1233. Tariff item No. 6805.10.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6.5% (A)” with a reference to “Free (F)”. 1234. Tariff item No. 6805.20.20 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “5% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1235. Tariff item No. 6805.20.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1236. Tariff item No. 6805.30.20 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing
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(a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “5% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1237. Tariff item No. 6805.30.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1238. Tariff item No. 6806.10.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “4% (A)” with a reference to “Free (F)”. 1239. Tariff item No. 6806.10.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6.5% (A)” with a reference to “Free (F)”. 1240. Tariff item No. 6806.20.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6.5% (A)” with a reference to “Free (F)”. 1241. Tariff item No. 6806.90.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6% (A)” with a reference to “Free (F)”. 1242. Tariff item No. 6814.10.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing
Emploi et croissa in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “2.5% (A)” with a reference to “Free (F)”. 1243. Tariff item No. 6814.90.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “2.5% (A)” with a reference to “Free (F)”. 1244. Tariff item No. 6815.10.20 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3% (A)” with a reference to “Free (F)”. 1245. Tariff item No. 6815.10.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “6% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1246. Tariff item No. 7019.31.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 9 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1247. Tariff item No. 7019.32.20 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “10% (A)” with a reference to “Free (F)”; and
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(b) in the column “Preferential Tariff / Final Rate”, the reference to “5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1248. Tariff item No. 7019.32.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “15.5% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (R2)” after the abbreviation “PT” with a reference to “Free (F)”. 1249. Tariff item No. 7019.39.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1250. Tariff item No. 7019.40.20 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 9 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1251. Tariff item No. 7019.40.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “15.5% (A)” with a reference to “Free (F)”;
Emploi et croissa (b) in the column “Preferential Tariff / Final Rate”, the reference to “11% (A)” after the abbreviation “AUT” with a reference to “Free (F)”; and (c) in the column “Preferential Tariff / Final Rate”, the reference to “11% (A)” after the abbreviation “NZT” with a reference to “Free (F)”. 1252. Tariff item No. 7019.51.20 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 9 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1253. Tariff item No. 7019.51.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “15.5% (A)” with a reference to “Free (F)”; (b) in the column “Preferential Tariff / Final Rate”, the reference to “11% (A)” after the abbreviation “AUT” with a reference to “Free (F)”; and (c) in the column “Preferential Tariff / Final Rate”, the reference to “11% (A)” after the abbreviation “NZT” with a reference to “Free (F)”. 1254. Tariff item No. 7019.52.20 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 9 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”.
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1255. Tariff item No. 7019.52.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “15.5% (A)” with a reference to “Free (F)”; (b) in the column “Preferential Tariff / Final Rate”, the reference to “11% (A)” after the abbreviation “AUT” with a reference to “Free (F)”; and (c) in the column “Preferential Tariff / Final Rate”, the reference to “11% (A)” after the abbreviation “NZT” with a reference to “Free (F)”. 1256. Tariff item No. 7019.59.20 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 9 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1257. Tariff item No. 7019.59.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “15.5% (A)” with a reference to “Free (F)”; (b) in the column “Preferential Tariff / Final Rate”, the reference to “11% (A)” after the abbreviation “AUT” with a reference to “Free (F)”; and (c) in the column “Preferential Tariff / Final Rate”, the reference to “11% (A)” after the abbreviation “NZT” with a reference to “Free (F)”. 1258. Tariff item No. 7019.90.40 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing
Emploi et croissa (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “15.5% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (R2)” after the abbreviation “PT” with a reference to “Free (F)”. 1259. Tariff item No. 7019.90.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1260. Tariff item No. 7106.92.19 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “7% (A)” with a reference to “Free (F)”. 1261. Tariff item No. 7106.92.21 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “2.5% (A)” with a reference to “Free (F)”. 1262. Tariff item No. 7106.92.22 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6.5% (A)” with a reference to “Free (F)”. 1263. Tariff item No. 7107.00.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3% (A)” with a reference to “Free (F)”. 1264. Tariff item No. 7108.13.20 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing
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in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “4% (A)” with a reference to “Free (F)”. 1265. Tariff item No. 7109.00.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6.5% (A)” with a reference to “Free (F)”. 1266. Tariff item No. 7111.00.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6.5% (A)” with a reference to “Free (F)”. 1267. Tariff item No. 7115.10.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “4% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “4% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1268. Tariff item No. 7115.90.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “7% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1269. Tariff item No. 7202.60.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6.5% (A)” with a reference to “Free (F)”. 1270. Tariff item No. 7202.70.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing
Emploi et croissa in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “2.5% (A)” with a reference to “Free (F)”. 1271. Tariff item No. 7202.91.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “2.5% (A)” with a reference to “Free (F)”. 1272. Tariff item No. 7202.92.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “2.5% (A)” with a reference to “Free (F)”. 1273. Tariff item No. 7202.92.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1274. Tariff item No. 7202.93.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “2.5% (A)” with a reference to “Free (F)”. 1275. Tariff item No. 7202.99.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “2.5% (A)” with a reference to “Free (F)”. 1276. Tariff item No. 7205.10.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6% (A)” with a reference to “Free (F)”.
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Jobs and Econ
1277. Tariff item No. 7206.90.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “2.5% (A)” with a reference to “Free (F)”. 1278. Tariff item No. 7303.00.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “5% (A)” with a reference to “Free (F)”. 1279. Tariff item No. 7307.11.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6.5% (A)” with a reference to “Free (F)”. 1280. Tariff item No. 7307.11.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6.5% (A)” with a reference to “Free (F)”. 1281. Tariff item No. 7307.19.91 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6.5% (A)” with a reference to “Free (F)”. 1282. Tariff item No. 7307.19.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6.5% (A)” with a reference to “Free (F)”. 1283. Tariff item No. 7307.21.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 4 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “4.5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”.
Emploi et croissa 1284. Tariff item No. 7307.21.91 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “4.5% (A)” with a reference to “Free (F)”. 1285. Tariff item No. 7307.21.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “7.5% (A)” with a reference to “Free (F)”. 1286. Tariff item No. 7307.22.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “7.5% (A)” with a reference to “Free (F)”. 1287. Tariff item No. 7307.23.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 4 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “4.5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1288. Tariff item No. 7307.23.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “7.5% (A)” with a reference to “Free (F)”. 1289. Tariff item No. 7307.29.91 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “4.5% (A)” with a reference to “Free (F)”. 1290. Tariff item No. 7307.29.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “7.5% (A)” with a reference to “Free (F)”.
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Jobs and Econ
1291. Tariff item No. 7307.91.19 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “4.5% (A)” with a reference to “Free (F)”. 1292. Tariff item No. 7307.91.20 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 4 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “4.5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1293. Tariff item No. 7307.91.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6.5% (A)” with a reference to “Free (F)”. 1294. Tariff item No. 7307.92.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6.5% (A)” with a reference to “Free (F)”. 1295. Tariff item No. 7307.93.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “5.5% (A)” with a reference to “Free (F)”. 1296. Tariff item No. 7307.99.20 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 4 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “4.5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”.
Emploi et croissa 1297. Tariff item No. 7307.99.91 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “4.5% (A)” with a reference to “Free (F)”. 1298. Tariff item No. 7307.99.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6.5% (A)” with a reference to “Free (F)”. 1299. Tariff item No. 7309.00.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “5% (A)” with a reference to “Free (F)”. 1300. Tariff item No. 7310.10.11 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3.5% (A)” with a reference to “Free (F)”. 1301. Tariff item No. 7310.10.19 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “5% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1302. Tariff item No. 7310.10.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”.
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Jobs and Econ
1303. Tariff item No. 7310.21.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1304. Tariff item No. 7310.29.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “5% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1305. Tariff item No. 7311.00.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “7% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1306. Tariff item No. 7315.12.91 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6% (A)” with a reference to “Free (F)”. 1307. Tariff item No. 7315.12.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing
Emploi et croissa (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1308. Tariff item No. 7315.81.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1309. Tariff item No. 7315.82.91 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “2% (A)” with a reference to “Free (F)”. 1310. Tariff item No. 7315.82.92 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1311. Tariff item No. 7315.89.91 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3% (A)” with a reference to “Free (F)”. 1312. Tariff item No. 7315.89.92 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing
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(a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1313. Tariff item No. 7315.90.91 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “2.5% (A)” with a reference to “Free (F)”. 1314. Tariff item No. 7315.90.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1315. Tariff item No. 7318.11.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “8% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1316. Tariff item No. 7318.12.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “8% (A)” with a reference to “Free (F)”; and
Emploi et croissa (b) in the column “Preferential Tariff / Final Rate”, the reference to “5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1317. Tariff item No. 7318.13.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1318. Tariff item No. 7318.14.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1319. Tariff item No. 7318.15.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “6.5% (A)” with a reference to “Free (F)”; (b) in the column “Preferential Tariff / Final Rate”, the reference to “5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”; (c) in the column “Preferential Tariff / Final Rate”, the reference to “5.5% (A)” after the abbreviation “AUT” with a reference to “Free (F)”; and (d) in the column “Preferential Tariff / Final Rate”, the reference to “5.5% (A)” after the abbreviation “NZT” with a reference to “Free (F)”.
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Jobs and Econ
1320. Tariff item No. 7318.16.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “6.5% (A)” with a reference to “Free (F)”; (b) in the column “Preferential Tariff / Final Rate”, the reference to “5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”; (c) in the column “Preferential Tariff / Final Rate”, the reference to “4% (A)” after the abbreviation “AUT” with a reference to “Free (F)”; and (d) in the column “Preferential Tariff / Final Rate”, the reference to “4% (A)” after the abbreviation “NZT” with a reference to “Free (F)”. 1321. Tariff item No. 7318.19.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1322. Tariff item No. 7318.21.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “6.5% (A)” with a reference to “Free (F)”; (b) in the column “Preferential Tariff / Final Rate”, the reference to “5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”; (c) in the column “Preferential Tariff / Final Rate”, the reference to “4% (A)” after the abbreviation “AUT” with a reference to “Free (F)”; and
Emploi et croissa (d) in the column “Preferential Tariff / Final Rate”, the reference to “4% (A)” after the abbreviation “NZT” with a reference to “Free (F)”. 1323. Tariff item No. 7318.22.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “6.5% (A)” with a reference to “Free (F)”; (b) in the column “Preferential Tariff / Final Rate”, the reference to “5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”; (c) in the column “Preferential Tariff / Final Rate”, the reference to “4% (A)” after the abbreviation “AUT” with a reference to “Free (F)”; and (d) in the column “Preferential Tariff / Final Rate”, the reference to “4% (A)” after the abbreviation “NZT” with a reference to “Free (F)”. 1324. Tariff item No. 7318.23.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1325. Tariff item No. 7318.24.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”.
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1326. Tariff item No. 7318.29.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1327. Tariff item No. 7320.10.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “8% (A)” with a reference to “Free (F)”; (b) in the column “Preferential Tariff / Final Rate”, the reference to “5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”; (c) in the column “Preferential Tariff / Final Rate”, the reference to “2.5% (A)” after the abbreviation “AUT” with a reference to “Free (F)”; and (d) in the column “Preferential Tariff / Final Rate”, the reference to “2.5% (A)” after the abbreviation “NZT” with a reference to “Free (F)”. 1328. Tariff item No. 7320.20.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “6% (A)” with a reference to “Free (F)”; (b) in the column “Preferential Tariff / Final Rate”, the reference to “5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”; (c) in the column “Preferential Tariff / Final Rate”, the reference to “0.5% (A)” after the abbreviation “AUT” with a reference to “Free (F)”; and
Emploi et croissa (d) in the column “Preferential Tariff / Final Rate”, the reference to “0.5% (A)” after the abbreviation “NZT” with a reference to “Free (F)”. 1329. Tariff item No. 7320.90.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1330. Tariff item No. 7324.29.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “4.5% (A)” with a reference to “Free (F)”. 1331. Tariff item No. 7325.91.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “2.5% (A)” with a reference to “Free (F)”. 1332. Tariff item No. 7325.91.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1333. Tariff item No. 7407.10.11 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “2.5% (A)” with a reference to “Free (F)”.
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1334. Tariff item No. 7407.10.12 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3% (A)” with a reference to “Free (F)”. 1335. Tariff item No. 7407.10.21 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “2.5% (A)” with a reference to “Free (F)”. 1336. Tariff item No. 7407.10.29 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3% (A)” with a reference to “Free (F)”. 1337. Tariff item No. 7407.21.21 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “2% (A)” with a reference to “Free (F)”. 1338. Tariff item No. 7407.21.22 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “2% (A)” with a reference to “Free (F)”. 1339. Tariff item No. 7407.21.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “2% (A)” with a reference to “Free (F)”. 1340. Tariff item No. 7407.29.21 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “2.5% (A)” with a reference to “Free (F)”. 1341. Tariff item No. 7407.29.29 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing
Emploi et croissa in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3% (A)” with a reference to “Free (F)”. 1342. Tariff item No. 7407.29.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “2% (A)” with a reference to “Free (F)”. 1343. Tariff item No. 7408.11.31 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “2.5% (A)” with a reference to “Free (F)”. 1344. Tariff item No. 7408.11.32 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3% (A)” with a reference to “Free (F)”. 1345. Tariff item No. 7408.19.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3% (A)” with a reference to “Free (F)”. 1346. Tariff item No. 7408.21.20 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “2.5% (A)” with a reference to “Free (F)”. 1347. Tariff item No. 7408.21.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3% (A)” with a reference to “Free (F)”. 1348. Tariff item No. 7408.22.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “2.5% (A)” with a reference to “Free (F)”.
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1349. Tariff item No. 7408.22.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3% (A)” with a reference to “Free (F)”. 1350. Tariff item No. 7408.29.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “2.5% (A)” with a reference to “Free (F)”. 1351. Tariff item No. 7408.29.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3% (A)” with a reference to “Free (F)”. 1352. Tariff item No. 7411.10.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “2.5% (A)” with a reference to “Free (F)”. 1353. Tariff item No. 7411.21.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “2% (A)” with a reference to “Free (F)”. 1354. Tariff item No. 7411.22.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “2.5% (A)” with a reference to “Free (F)”. 1355. Tariff item No. 7411.29.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “2.5% (A)” with a reference to “Free (F)”. 1356. Tariff item No. 7412.10.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing
Emploi et croissa in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3% (A)” with a reference to “Free (F)”. 1357. Tariff item No. 7412.20.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3% (A)” with a reference to “Free (F)”. 1358. Tariff item No. 7413.00.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3% (A)” with a reference to “Free (F)”. 1359. Tariff item No. 7415.10.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “2.5% (A)” with a reference to “Free (F)”. 1360. Tariff item No. 7415.21.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3% (A)” with a reference to “Free (F)”. 1361. Tariff item No. 7415.29.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3% (A)” with a reference to “Free (F)”. 1362. Tariff item No. 7415.33.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3% (A)” with a reference to “Free (F)”. 1363. Tariff item No. 7415.39.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3% (A)” with a reference to “Free (F)”.
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1364. Tariff item No. 7603.10.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “5% (A)” with a reference to “Free (F)”. 1365. Tariff item No. 7603.20.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3.5% (A)” with a reference to “Free (F)”. 1366. Tariff item No. 7604.10.12 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3.5% (A)” with a reference to “Free (F)”. 1367. Tariff item No. 7604.10.20 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3.5% (A)” with a reference to “Free (F)”. 1368. Tariff item No. 7604.21.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “5% (A)” with a reference to “Free (F)”. 1369. Tariff item No. 7604.29.12 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3% (A)” with a reference to “Free (F)”. 1370. Tariff item No. 7604.29.20 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3% (A)” with a reference to “Free (F)”. 1371. Tariff item No. 7605.19.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing
Emploi et croissa in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “4% (A)” with a reference to “Free (F)”. 1372. Tariff item No. 7605.29.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “4% (A)” with a reference to “Free (F)”. 1373. Tariff item No. 7606.11.20 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3% (A)” with a reference to “Free (F)”. 1374. Tariff item No. 7606.12.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3% (A)” with a reference to “Free (F)”. 1375. Tariff item No. 7606.91.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1376. Tariff item No. 7606.92.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1377. Tariff item No. 7607.11.19 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the
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column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6% (A)” with a reference to “Free (F)”. 1378. Tariff item No. 7607.19.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6.5% (A)” with a reference to “Free (F)”. 1379. Tariff item No. 7607.20.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1380. Tariff item No. 7608.10.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “5% (A)” with a reference to “Free (F)”. 1381. Tariff item No. 7609.00.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 5 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1382. Tariff item No. 7611.00.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and
Emploi et croissa (b) in the column “Preferential Tariff / Final Rate”, the reference to “5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1383. Tariff item No. 7613.00.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1384. Tariff item No. 7614.10.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 4 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1385. Tariff item No. 7614.90.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 4 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1386. Tariff item No. 7616.10.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and
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(b) in the column “Preferential Tariff / Final Rate”, the reference to “5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1387. Tariff item No. 7801.10.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “2.5% (A)” with a reference to “Free (F)”. 1388. Tariff item No. 7801.99.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “2.5% (A)” with a reference to “Free (F)”. 1389. Tariff item No. 7804.11.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3% (A)” with a reference to “Free (F)”. 1390. Tariff item No. 7804.19.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “2.5% (A)” with a reference to “Free (F)”. 1391. Tariff item No. 7804.20.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “2.5% (A)” with a reference to “Free (F)”. 1392. Tariff item No. 7806.00.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “2.5% (A)” with a reference to “Free (F)”. 1393. Tariff item No. 7806.00.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3% (A)” with a reference to “Free (F)”.
Emploi et croissa 1394. Tariff item No. 8003.00.20 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3% (A)” with a reference to “Free (F)”. 1395. Tariff item No. 8007.00.20 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “2% (A)” with a reference to “Free (F)”. 1396. Tariff item No. 8007.00.30 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “2.5% (A)” with a reference to “Free (F)”. 1397. Tariff item No. 8101.99.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3% (A)” with a reference to “Free (F)”. 1398. Tariff item No. 8102.95.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3% (A)” with a reference to “Free (F)”. 1399. Tariff item No. 8102.95.20 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3% (A)” with a reference to “Free (F)”. 1400. Tariff item No. 8102.99.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3% (A)” with a reference to “Free (F)”. 1401. Tariff item No. 8103.90.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing
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in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3% (A)” with a reference to “Free (F)”. 1402. Tariff item No. 8104.11.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “2.5% (A)” with a reference to “Free (F)”. 1403. Tariff item No. 8104.19.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “2.5% (A)” with a reference to “Free (F)”. 1404. Tariff item No. 8104.30.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “2.5% (A)” with a reference to “Free (F)”. 1405. Tariff item No. 8104.90.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “2.5% (A)” with a reference to “Free (F)”. 1406. Tariff item No. 8105.20.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3% (A)” with a reference to “Free (F)”. 1407. Tariff item No. 8105.90.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3% (A)” with a reference to “Free (F)”. 1408. Tariff item No. 8107.90.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3% (A)” with a reference to “Free (F)”.
Emploi et croissa 1409. Tariff item No. 8108.20.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “2.5% (A)” with a reference to “Free (F)”. 1410. Tariff item No. 8108.30.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “2.5% (A)” with a reference to “Free (F)”. 1411. Tariff item No. 8108.90.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3% (A)” with a reference to “Free (F)”. 1412. Tariff item No. 8109.20.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “2.5% (A)” with a reference to “Free (F)”. 1413. Tariff item No. 8109.30.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “2.5% (A)” with a reference to “Free (F)”. 1414. Tariff item No. 8109.90.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3% (A)” with a reference to “Free (F)”. 1415. Tariff item No. 8111.00.12 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3% (A)” with a reference to “Free (F)”. 1416. Tariff item No. 8111.00.22 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the
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column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3% (A)” with a reference to “Free (F)”. 1417. Tariff item No. 8111.00.40 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3% (A)” with a reference to “Free (F)”. 1418. Tariff item No. 8112.51.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “2% (A)” with a reference to “Free (F)”. 1419. Tariff item No. 8112.52.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “2% (A)” with a reference to “Free (F)”. 1420. Tariff item No. 8112.59.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3% (A)” with a reference to “Free (F)”. 1421. Tariff item No. 8112.92.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “2% (A)” with a reference to “Free (F)”. 1422. Tariff item No. 8112.99.20 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “2% (A)” with a reference to “Free (F)”. 1423. Tariff item No. 8112.99.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3% (A)” with a reference to “Free (F)”.
Emploi et croissa 1424. Tariff item No. 8113.00.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3% (A)” with a reference to “Free (F)”. 1425. Tariff item No. 8205.70.20 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “4% (A)” with a reference to “Free (F)”. 1426. Tariff item No. 8207.19.20 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3.5% (A)” with a reference to “Free (F)”. 1427. Tariff item No. 8207.19.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “2.5% (A)” with a reference to “Free (F)”. 1428. Tariff item No. 8207.20.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3.5% (A)” with a reference to “Free (F)”. 1429. Tariff item No. 8207.30.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “2.5% (A)” with a reference to “Free (F)”. 1430. Tariff item No. 8207.40.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “9% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “2.5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”.
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1431. Tariff item No. 8207.50.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “9% (A)” with a reference to “Free (F)”; (b) in the column “Preferential Tariff / Final Rate”, the reference to “2.5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”; (c) in the column “Preferential Tariff / Final Rate”, the reference to “2.5% (A)” after the abbreviation “AUT” with a reference to “Free (F)”; and (d) in the column “Preferential Tariff / Final Rate”, the reference to “2.5% (A)” after the abbreviation “NZT” with a reference to “Free (F)”. 1432. Tariff item No. 8207.60.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “9% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “2.5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1433. Tariff item No. 8207.80.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “9% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “2.5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1434. Tariff item No. 8209.00.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing
Emploi et croissa in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3.5% (A)” with a reference to “Free (F)”. 1435. Tariff item No. 8209.00.92 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 4 . 5 % ( F ) ” w i t h a r e f e re n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “2.5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1436. Tariff item No. 8301.20.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “6% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “6% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1437. Tariff item No. 8301.30.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 5 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1438. Tariff item No. 8301.40.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “2.5% (A)” with a reference to “Free (F)”. 1439. Tariff item No. 8301.60.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing
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in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6.5% (A)” with a reference to “Free (F)”. 1440. Tariff item No. 8307.10.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1441. Tariff item No. 8307.90.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1442. Tariff item No. 8308.10.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “6% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1443. Tariff item No. 8308.90.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3.5% (A)” with a reference to “Free (F)”. 1444. Tariff item No. 8309.10.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing
Emploi et croissa (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1445. Tariff item No. 8309.90.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1446. Tariff item No. 8311.10.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1447. Tariff item No. 8311.20.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “6% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1448. Tariff item No. 8311.30.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing
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(a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “6% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1449. Tariff item No. 8311.90.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “6% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1450. Tariff item No. 8401.10.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “8% (A)” with a reference to “Free (F)”. 1451. Tariff item No. 8401.40.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3% (A)” with a reference to “Free (F)”. 1452. Tariff item No. 8402.11.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “8% (A)” with a reference to “Free (F)”. 1453. Tariff item No. 8402.12.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “4% (A)” with a reference to “Free (F)”. 1454. Tariff item No. 8402.19.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing
Emploi et croissa in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “8% (A)” with a reference to “Free (F)”. 1455. Tariff item No. 8402.20.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3% (A)” with a reference to “Free (F)”. 1456. Tariff item No. 8402.90.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3% (A)” with a reference to “Free (F)”. 1457. Tariff item No. 8403.10.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “7% (A)” with a reference to “Free (F)”. 1458. Tariff item No. 8404.10.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6% (A)” with a reference to “Free (F)”. 1459. Tariff item No. 8407.33.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 2 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “2.5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1460. Tariff item No. 8407.34.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “6% (A)” with a reference to “Free (F)”; and
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(b) in the column “Preferential Tariff / Final Rate”, the reference to “6% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1461. Tariff item No. 8407.34.21 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 3 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3.5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1462. Tariff item No. 8407.34.29 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “6% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “6% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1463. Tariff item No. 8409.91.20 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “2.5% (A)” with a reference to “Free (F)”. 1464. Tariff item No. 8409.91.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “6% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “6% (A)” after the abbreviation “GPT” with a reference to “Free (F)”.
Emploi et croissa 1465. Tariff item No. 8410.11.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 9 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “2.5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1466. Tariff item No. 8410.11.20 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 3 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “2.5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1467. Tariff item No. 8410.12.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 9 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “2.5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1468. Tariff item No. 8410.12.20 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 3 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “2.5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”.
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1469. Tariff item No. 8410.13.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 9 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “2.5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1470. Tariff item No. 8410.13.20 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3.5% (A)” with a reference to “Free (F)”. 1471. Tariff item No. 8410.90.20 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “9.5% (A)” with a reference to “Free (F)”. 1472. Tariff item No. 8410.90.30 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3.5% (A)” with a reference to “Free (F)”. 1473. Tariff item No. 8411.81.20 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “5% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “2.5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1474. Tariff item No. 8411.81.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing
Emploi et croissa (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 9 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “2.5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1475. Tariff item No. 8411.82.20 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “5% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “2.5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1476. Tariff item No. 8411.82.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 9 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “2.5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1477. Tariff item No. 8411.99.20 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “2% (A)” with a reference to “Free (F)”. 1478. Tariff item No. 8413.70.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6% (A)” with a reference to “Free (F)”. 1479. Tariff item No. 8415.20.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing
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in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6% (A)” with a reference to “Free (F)”. 1480. Tariff item No. 8415.83.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6% (A)” with a reference to “Free (F)”. 1481. Tariff item No. 8415.90.22 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6% (A)” with a reference to “Free (F)”. 1482. Tariff item No. 8415.90.29 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6% (A)” with a reference to “Free (F)”. 1483. Tariff item No. 8421.23.20 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 3 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3.5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1484. Tariff item No. 8421.23.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “6% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “6% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1485. Tariff item No. 8421.31.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing
Emploi et croissa (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 2 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “2.5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1486. Tariff item No. 8436.80.91 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6% (A)” with a reference to “Free (F)”. 1487. Tariff item No. 8437.10.91 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6% (A)” with a reference to “Free (F)”. 1488. Tariff item No. 8437.80.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6% (A)” with a reference to “Free (F)”. 1489. Tariff item No. 8438.20.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6% (A)” with a reference to “Free (F)”. 1490. Tariff item No. 8438.40.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6% (A)” with a reference to “Free (F)”. 1491. Tariff item No. 8438.60.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6% (A)” with a reference to “Free (F)”. 1492. Tariff item No. 8443.13.20 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing
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in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “4.5% (A)” with a reference to “Free (F)”. 1493. Tariff item No. 8451.80.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6% (A)” with a reference to “Free (F)”. 1494. Tariff item No. 8457.30.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6% (A)” with a reference to “Free (F)”. 1495. Tariff item No. 8458.11.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6% (A)” with a reference to “Free (F)”. 1496. Tariff item No. 8458.19.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6% (A)” with a reference to “Free (F)”. 1497. Tariff item No. 8458.91.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6% (A)” with a reference to “Free (F)”. 1498. Tariff item No. 8459.21.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6% (A)” with a reference to “Free (F)”. 1499. Tariff item No. 8459.29.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6% (A)” with a reference to “Free (F)”.
Emploi et croissa 1500. Tariff item No. 8459.31.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6% (A)” with a reference to “Free (F)”. 1501. Tariff item No. 8459.39.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6% (A)” with a reference to “Free (F)”. 1502. Tariff item No. 8459.40.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6% (A)” with a reference to “Free (F)”. 1503. Tariff item No. 8459.61.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6% (A)” with a reference to “Free (F)”. 1504. Tariff item No. 8460.29.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6% (A)” with a reference to “Free (F)”. 1505. Tariff item No. 8460.90.91 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6% (A)” with a reference to “Free (F)”. 1506. Tariff item No. 8461.50.11 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6% (A)” with a reference to “Free (F)”. 1507. Tariff item No. 8461.50.91 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing
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in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6% (A)” with a reference to “Free (F)”. 1508. Tariff item No. 8462.21.91 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6% (A)” with a reference to “Free (F)”. 1509. Tariff item No. 8462.29.91 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6% (A)” with a reference to “Free (F)”. 1510. Tariff item No. 8462.31.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6% (A)” with a reference to “Free (F)”. 1511. Tariff item No. 8462.39.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6% (A)” with a reference to “Free (F)”. 1512. Tariff item No. 8462.49.21 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6% (A)” with a reference to “Free (F)”. 1513. Tariff item No. 8462.91.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6% (A)” with a reference to “Free (F)”. 1514. Tariff item No. 8463.10.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6% (A)” with a reference to “Free (F)”.
Emploi et croissa 1515. Tariff item No. 8463.30.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “5% (A)” with a reference to “Free (F)”. 1516. Tariff item No. 8463.90.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6% (A)” with a reference to “Free (F)”. 1517. Tariff item No. 8467.11.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6% (A)” with a reference to “Free (F)”. 1518. Tariff item No. 8467.19.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6% (A)” with a reference to “Free (F)”. 1519. Tariff item No. 8467.21.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6% (A)” with a reference to “Free (F)”. 1520. Tariff item No. 8467.22.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6% (A)” with a reference to “Free (F)”. 1521. Tariff item No. 8467.29.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6% (A)” with a reference to “Free (F)”. 1522. Tariff item No. 8468.90.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing
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in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “2.5% (A)” with a reference to “Free (F)”. 1523. Tariff item No. 8477.10.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3% (A)” with a reference to “Free (F)”. 1524. Tariff item No. 8477.20.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6% (A)” with a reference to “Free (F)”. 1525. Tariff item No. 8477.51.11 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3% (A)” with a reference to “Free (F)”. 1526. Tariff item No. 8477.51.21 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6% (A)” with a reference to “Free (F)”. 1527. Tariff item No. 8477.59.11 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6% (A)” with a reference to “Free (F)”. 1528. Tariff item No. 8477.59.21 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3% (A)” with a reference to “Free (F)”. 1529. Tariff item No. 8477.80.91 in the List of Tariff Provisions set out in the schedule to the Act is amended (a) by replacing the Description of Goods with the following: ——For blending plastics
Emploi et croissa (b) by replacing, in the column “MostFavoured-Nation Tariff / Final Rate”, the reference to “9% (A)” with a reference to “Free (F)”. 1530. Tariff item No. 8480.20.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6.5% (A)” with a reference to “Free (F)”. 1531. Tariff item No. 8480.30.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “2.5% (A)” with a reference to “Free (F)”. 1532. Tariff item No. 8480.71.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6% (A)” with a reference to “Free (F)”. 1533. Tariff item No. 8480.79.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6% (A)” with a reference to “Free (F)”. 1534. Tariff item No. 8482.10.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6% (A)” with a reference to “Free (F)”. 1535. Tariff item No. 8482.80.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “5.5% (A)” with a reference to “Free (F)”. 1536. Tariff item No. 8483.20.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 4 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and
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(b) in the column “Preferential Tariff / Final Rate”, the reference to “4.5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1537. Tariff item No. 8483.30.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 4 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “4.5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1538. Tariff item No. 8483.40.91 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 2 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “2.5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1539. Tariff item No. 8501.10.12 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6% (A)” with a reference to “Free (F)”. 1540. Tariff item No. 8501.10.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “6% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”.
Emploi et croissa 1541. Tariff item No. 8501.20.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “4% (A)” with a reference to “Free (F)”. 1542. Tariff item No. 8501.31.20 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “4% (A)” with a reference to “Free (F)”. 1543. Tariff item No. 8501.31.30 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “8% (A)” with a reference to “Free (F)”. 1544. Tariff item No. 8501.32.20 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6% (A)” with a reference to “Free (F)”. 1545. Tariff item No. 8501.32.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “2% (A)” with a reference to “Free (F)”. 1546. Tariff item No. 8501.33.20 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “2.5% (A)” with a reference to “Free (F)”. 1547. Tariff item No. 8501.33.30 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “9% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”.
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1548. Tariff item No. 8501.34.20 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “6% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1549. Tariff item No. 8501.34.30 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “2.5% (A)” with a reference to “Free (F)”. 1550. Tariff item No. 8501.40.22 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3% (A)” with a reference to “Free (F)”. 1551. Tariff item No. 8501.40.29 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “8% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “8% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1552. Tariff item No. 8501.40.39 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “6% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”.
Emploi et croissa 1553. Tariff item No. 8501.51.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “2.5% (A)” with a reference to “Free (F)”. 1554. Tariff item No. 8501.52.20 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3.5% (A)” with a reference to “Free (F)”. 1555. Tariff item No. 8501.53.91 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “6% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1556. Tariff item No. 8501.53.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “2.5% (A)” with a reference to “Free (F)”. 1557. Tariff item No. 8501.61.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “2.5% (A)” with a reference to “Free (F)”. 1558. Tariff item No. 8501.62.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “2.5% (A)” with a reference to “Free (F)”. 1559. Tariff item No. 8501.63.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “2.5% (A)” with a reference to “Free (F)”.
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1560. Tariff item No. 8501.64.91 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “6% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “2.5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1561. Tariff item No. 8501.64.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 9 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “2.5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1562. Tariff item No. 8502.11.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6% (A)” with a reference to “Free (F)”. 1563. Tariff item No. 8502.12.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6% (A)” with a reference to “Free (F)”. 1564. Tariff item No. 8502.13.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6% (A)” with a reference to “Free (F)”. 1565. Tariff item No. 8502.20.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6% (A)” with a reference to “Free (F)”.
Emploi et croissa 1566. Tariff item No. 8502.39.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “6% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “2.5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1567. Tariff item No. 8502.40.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6% (A)” with a reference to “Free (F)”. 1568. Tariff item No. 8506.90.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “2.5% (A)” with a reference to “Free (F)”. 1569. Tariff item No. 8507.10.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “7% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “7% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1570. Tariff item No. 8507.20.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “7% (A)” with a reference to “Free (F)”. 1571. Tariff item No. 8507.30.20 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “7% (A)” with a reference to “Free (F)”.
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1572. Tariff item No. 8507.40.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “7% (A)” with a reference to “Free (F)”. 1573. Tariff item No. 8507.80.20 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “7% (A)” with a reference to “Free (F)”. 1574. Tariff item No. 8507.90.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3% (A)” with a reference to “Free (F)”. 1575. Tariff item No. 8511.10.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “6% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “6% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1576. Tariff item No. 8511.20.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6% (A)” with a reference to “Free (F)”. 1577. Tariff item No. 8511.30.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “6% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “6% (A)” after the abbreviation “GPT” with a reference to “Free (F)”.
Emploi et croissa 1578. Tariff item No. 8511.40.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “6% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “6% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1579. Tariff item No. 8511.50.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 2 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “2.5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1580. Tariff item No. 8511.80.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 2 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “2.5% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1581. Tariff item No. 8511.90.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6% (A)” with a reference to “Free (F)”. 1582. Tariff item No. 8516.10.20 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing
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(a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “6% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “6% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1583. Tariff item No. 8516.80.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6.5% (A)” with a reference to “Free (F)”. 1584. Tariff item No. 8528.49.11 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3.5% (A)” with a reference to “Free (F)”. 1585. Tariff item No. 8528.49.19 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3.5% (A)” with a reference to “Free (F)”. 1586. Tariff item No. 8528.59.11 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3.5% (A)” with a reference to “Free (F)”. 1587. Tariff item No. 8528.59.19 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3.5% (A)” with a reference to “Free (F)”. 1588. Tariff item No. 8528.71.40 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3.5% (A)” with a reference to “Free (F)”. 1589. Tariff item No. 8528.72.34 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing
Emploi et croissa in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3.5% (A)” with a reference to “Free (F)”. 1590. Tariff item No. 8528.72.97 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3.5% (A)” with a reference to “Free (F)”. 1591. Tariff item No. 8536.20.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “2.5% (A)” with a reference to “Free (F)”. 1592. Tariff item No. 8536.70.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3% (A)” with a reference to “Free (F)”. 1593. Tariff item No. 8536.70.20 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 4 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “Free (M)” after the abbreviation “CRT” with a reference to “Free (F)”. 1594. Tariff item No. 8536.70.30 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1595. Tariff item No. 8536.90.91 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing
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in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “5% (A)” with a reference to “Free (F)”. 1596. Tariff item No. 8536.90.92 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “2.5% (A)” with a reference to “Free (F)”. 1597. Tariff item No. 8537.10.21 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “2.5% (A)” with a reference to “Free (F)”. 1598. Tariff item No. 8537.10.31 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “2.5% (A)” with a reference to “Free (F)”. 1599. Tariff item No. 8537.10.93 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “2.5% (A)” with a reference to “Free (F)”. 1600. Tariff item No. 8542.31.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1601. Tariff item No. 8542.32.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and
Emploi et croissa (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1602. Tariff item No. 8542.33.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1603. Tariff item No. 8542.39.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1604. Tariff item No. 8544.11.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 3 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1605. Tariff item No. 8544.19.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 3 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and
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Jobs and Econ
(b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1606. Tariff item No. 8544.49.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 3 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1607. Tariff item No. 8544.60.91 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 4 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1608. Tariff item No. 8544.60.99 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1609. Tariff item No. 8545.19.28 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “9.5% (A)” with a reference to “Free (F)”.
Emploi et croissa 1610. Tariff item No. 8545.19.29 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6.5% (A)” with a reference to “Free (F)”. 1611. Tariff item No. 8548.90.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “ 6 . 5 % ( A ) ” w i t h a re f e r e n c e t o “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1612. The Description of Goods of tariff item No. 8716.90.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing the reference to “Brake drums, hubs and rotors for use in the manufacture of brakes and brake assemblies mounted on axles for semi-trailers;” with a reference to “Brake drums, hubs and rotors for use in the manufacture or repair of brakes and brake assemblies mounted on axles for semi-trailers;”. 1613. Tariff item No. 9001.10.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing (a) in the column “Most-Favoured-Nation Tariff / Final Rate”, the reference to “5% (A)” with a reference to “Free (F)”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “3% (A)” after the abbreviation “GPT” with a reference to “Free (F)”. 1614. Tariff item No. 9001.20.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6% (A)” with a reference to “Free (F)”.
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1615. Tariff item No. 9013.10.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “5% (A)” with a reference to “Free (F)”. 1616. Tariff item No. 9013.20.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6.5% (A)” with a reference to “Free (F)”. 1617. Tariff item No. 9013.80.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “5% (A)” with a reference to “Free (F)”. 1618. Tariff item No. 9013.90.30 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “5% (A)” with a reference to “Free (F)”. 1619. Tariff item No. 9015.90.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “6.5% (A)” with a reference to “Free (F)”. 1620. Tariff item No. 9016.00.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “5% (A)” with a reference to “Free (F)”. 1621. Tariff item No. 9016.00.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “2.5% (A)” with a reference to “Free (F)”. 1622. Tariff item No. 9017.90.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing
Emploi et croissa in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “5.5% (A)” with a reference to “Free (F)”. 1623. Tariff item No. 9017.90.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3.5% (A)” with a reference to “Free (F)”. 1624. Tariff item No. 9024.10.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3.5% (A)” with a reference to “Free (F)”. 1625. Tariff item No. 9024.80.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3.5% (A)” with a reference to “Free (F)”. 1626. Tariff item No. 9025.90.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3.5% (A)” with a reference to “Free (F)”. 1627. Tariff item No. 9028.10.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “5% (A)” with a reference to “Free (F)”. 1628. Tariff item No. 9028.20.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “4% (A)” with a reference to “Free (F)”. 1629. Tariff item No. 9028.30.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “5% (A)” with a reference to “Free (F)”.
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1630. Tariff item No. 9029.20.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3.5% (A)” with a reference to “Free (F)”. 1631. Tariff item No. 9029.90.20 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “4.5% (A)” with a reference to “Free (F)”. 1632. Tariff item No. 9030.10.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3.5% (A)” with a reference to “Free (F)”. 1633. Tariff item No. 9030.31.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “5% (A)” with a reference to “Free (F)”. 1634. Tariff item No. 9030.33.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “5% (A)” with a reference to “Free (F)”. 1635. Tariff item No. 9030.84.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “2% (A)” with a reference to “Free (F)”. 1636. Tariff item No. 9030.89.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “2% (A)” with a reference to “Free (F)”. 1637. Tariff item No. 9031.20.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing
Emploi et croissa in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3.5% (A)” with a reference to “Free (F)”. 1638. Tariff item No. 9031.49.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3.5% (A)” with a reference to “Free (F)”. 1639. Tariff item No. 9031.80.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “3.5% (A)” with a reference to “Free (F)”. 1640. Tariff item No. 9032.89.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “4.5% (A)” with a reference to “Free (F)”. 1641. Tariff item No. 9033.00.90 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing in the column “Most-Favoured-Nation Tariff / Final Rate” the reference to “4% (A)” with a reference to “Free (F)”. 1642. The List of Tariff Provisions set out in the schedule to the Act is amended by adding, in numerical order, the tariff provisions set out in Schedule 1 to this Act. 1643. The following tariff items in the List of Intermediate and Final Rates for the Tariff Items of the “F” Staging Category set out in the schedule to the Act are repealed: 2836.20.90, 2842.10.10, 2903.43.00, 2903.44.00, 2903.49.00, 2905.16.90, 2909.49.92, 2916.12.20, 2921.19.91, 2921.22.00, 2921.46.00, 2921.49.00, 2922.31.00, 2922.39.90, 2922.41.90, 2924.23.19, 2924.23.99, 2924.24.00, 2925.12.00, 2929.90.10, 2929.90.90, 3 8 11 . 9 0 . 0 0 , 3 8 1 7 . 0 0 . 9 0 , 3 9 0 3 . 11 . 0 0 , 3903.19.10, 3903.20.10, 3903.30.10, 3919.10.10, 3919.90.10, 3920.30.90, 3920.43.90, 3920.49.90, 3921.90.12,
C. 12 3921.90.19, 5107.10.90, 5 111 . 11 . 9 0 , 5 111 . 2 0 . 1 9 , 5 111 . 2 0 . 9 2 , 5 111 . 3 0 . 2 9 , 5 111 . 9 0 . 5 0 , 5 11 2 . 11 . 9 0 , 5 11 2 . 2 0 . 9 2 , 5 11 2 . 9 0 . 9 1 , 5203.00.90, 5205.12.90, 5205.21.90, 5205.24.90, 5205.41.90, 5206.12.00, 5206.31.00, 5206.35.00, 5206.43.00, 5208.22.90, 5208.31.99, 5208.39.90, 5208.43.90, 5208.52.90, 5209.22.90, 5209.32.90, 5209.42.90, 5209.51.00, 5 2 1 0 . 11 . 0 0 , 5210.29.00, 5210.39.00, 5210.49.90, 5 2 11 . 11 . 0 0 , 5 2 11 . 2 0 . 1 9 , 5 2 11 . 3 2 . 9 0 , 5 2 11 . 4 2 . 9 0 , 5 2 11 . 5 2 . 9 0 , 5 2 1 2 . 11 . 9 0 , 5212.13.40, 5212.14.90, 5212.21.30, 5212.22.90, 5212.24.30, 5212.25.90, 5309.29.90, 5 4 0 2 . 11 . 9 0 , 5402.32.90, 5402.51.90, 5402.61.00, 5407.10.20,
Jobs and Econ 5106.10.90, 5107.20.90, 5 111 . 1 9 . 3 9 , 5 111 . 2 0 . 2 9 , 5 111 . 3 0 . 1 8 , 5 111 . 3 0 . 9 1 , 5 111 . 9 0 . 9 1 , 5 11 2 . 1 9 . 1 9 , 5 11 2 . 3 0 . 3 0 , 5 11 2 . 9 0 . 9 2 , 5 2 0 4 . 11 . 9 0 , 5205.13.90, 5205.22.90, 5205.31.90, 5205.42.90, 5206.13.00, 5206.32.00, 5206.41.00, 5206.44.00, 5208.23.99, 5208.32.90, 5208.41.90, 5208.49.99, 5208.59.99, 5209.29.90, 5209.39.90, 5209.43.99, 5209.52.90, 5210.19.00, 5210.31.00, 5210.41.00, 5210.51.90, 5 2 11 . 1 2 . 9 0 , 5 2 11 . 2 0 . 9 0 , 5 2 11 . 3 9 . 0 0 , 5 2 11 . 4 3 . 9 0 , 5 2 11 . 5 9 . 0 0 , 5212.12.30, 5212.13.90, 5212.15.30, 5212.21.90, 5212.23.30, 5212.24.90, 5308.90.90, 5310.90.99, 5402.20.90, 5402.33.90, 5402.52.99, 5402.62.90, 5407.10.90,
5106.20.00, 5 111 . 11 . 5 0 , 5 111 . 1 9 . 9 0 , 5 111 . 2 0 . 9 1 , 5 111 . 3 0 . 1 9 , 5 111 . 3 0 . 9 2 , 5 111 . 9 0 . 9 2 , 5 11 2 . 2 0 . 9 1 , 5 11 2 . 3 0 . 9 1 , 5 11 3 . 0 0 . 9 0 , 5 2 0 5 . 11 . 9 0 , 5205.14.90, 5205.23.90, 5205.32.90, 5 2 0 6 . 11 . 0 0 , 5206.22.00, 5206.34.00, 5206.42.00, 5208.21.99, 5208.29.99, 5208.33.99, 5208.42.99, 5208.51.90, 5209.21.90, 5209.31.90, 5209.41.90, 5209.49.90, 5209.59.90, 5210.21.00, 5210.32.00, 5210.49.19, 5210.59.00, 5 2 11 . 1 9 . 0 0 , 5 2 11 . 3 1 . 0 0 , 5 2 11 . 4 1 . 9 0 , 5 2 11 . 5 1 . 0 0 , 5 2 1 2 . 11 . 3 0 , 5212.12.90, 5212.14.40, 5212.15.90, 5212.22.30, 5212.23.90, 5212.25.30, 5309.21.90, 5401.10.00, 5402.31.90, 5402.39.00, 5402.59.90, 5402.69.90, 5407.41.90,
Emploi et croissa
2010 5407.42.90, 5407.51.90, 5 4 0 7 . 6 1 . 11 , 5407.61.99, 5407.72.00, 5407.91.90, 5407.94.90, 5408.24.19, 5408.32.90, 5508.10.10, 5509.21.90, 5509.31.00, 5509.42.00, 5509.61.00, 5509.92.00, 5510.20.90, 5513.19.00, 5513.41.90, 5514.22.90, 5 5 1 5 . 11 . 9 0 , 5516.14.90, 5516.32.00, 5516.41.00, 5516.44.00, 5602.10.90, 5602.90.90, 5603.12.50, 5603.13.99, 5603.91.50, 5603.92.99, 5603.94.50, 5606.00.90, 5801.22.99, 5801.25.29, 5801.32.90, 5801.35.99, 5 8 0 2 . 11 . 9 0 , 5802.30.90, 5803.00.29, 5804.10.90, 5804.30.30, 5806.10.99, 5806.31.50, 5806.39.99, 5807.10.29, 5808.90.90, 5810.91.30, 5810.99.90, 5901.90.90, 5903.20.19,
5407.43.00, 5407.52.90, 5407.61.19, 5407.69.90, 5407.73.90, 5407.92.90, 5408.21.90, 5408.24.99, 5408.33.90, 5 5 0 9 . 11 . 0 0 , 5509.22.30, 5509.32.90, 5509.52.90, 5509.62.00, 5509.99.00, 5510.30.90, 5513.21.00, 5514.12.90, 5514.41.00, 5515.22.00, 5516.24.90, 5516.33.00, 5516.42.00, 5601.21.29, 5602.21.99, 5 6 0 3 . 11 . 5 0 , 5603.12.99, 5603.14.50, 5603.91.90, 5603.93.60, 5603.94.90, 5801.10.99, 5801.23.90, 5801.26.90, 5801.33.90, 5801.36.90, 5802.19.90, 5803.00.19, 5803.00.99, 5804.21.90, 5804.30.90, 5806.20.90, 5806.31.90, 5806.40.90, 5807.90.90, 5809.00.90, 5810.91.90, 5 8 11 . 0 0 . 2 9 , 5903.10.19, 5903.20.29,
5407.44.00, 5407.53.00, 5407.61.93, 5407.71.00, 5407.74.00, 5407.93.90, 5408.22.29, 5408.31.90, 5408.34.90, 5509.12.90, 5509.22.90, 5509.41.90, 5509.53.90, 5509.91.00, 5 5 1 0 . 11 . 9 0 , 5510.90.00, 5513.31.90, 5514.21.00, 5514.42.00, 5 5 1 6 . 11 . 0 0 , 5516.31.00, 5516.34.00, 5516.43.00, 5601.29.90, 5602.29.00, 5 6 0 3 . 11 . 9 9 , 5603.13.50, 5603.14.99, 5603.92.60, 5603.93.90, 5604.90.10, 5801.22.29, 5801.24.90, 5801.31.90, 5801.34.90, 5801.90.99, 5802.20.90, 5803.00.22, 5804.10.30, 5804.29.90, 5806.10.19, 5806.31.40, 5806.32.99, 5807.10.19, 5808.10.90, 5810.10.90, 5810.92.90, 5901.10.90, 5903.10.29, 5903.90.10,
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Jobs and Econ
5903.90.29, 5906.10.90, 5906.91.99, 5906.99.19, 5906.99.29, 5907.00.18, 5 9 0 7 . 0 0 . 1 9 , 5 9 1 0 . 0 0 . 9 0 , 5 9 11 . 1 0 . 9 0 , 5 9 11 . 2 0 . 9 0 , 5 9 11 . 4 0 . 9 0 , 5 9 11 . 9 0 . 9 0 , 6001.10.90, 6001.21.00, 6001.22.00, 6001.29.90, 6001.91.00, 6001.92.90, 6001.99.90, 6002.40.40, 6002.40.90, 6002.90.19, 6002.90.90, 6003.10.99, 6003.20.40, 6003.20.90, 6003.30.99, 6003.40.99, 6003.90.40, 6003.90.90, 6004.10.19, 6004.10.90, 6004.90.30, 6004.90.90, 6005.21.30, 6005.21.90, 6005.22.30, 6005.22.90, 6005.23.30, 6005.23.90, 6005.24.30, 6005.24.90, 6005.31.90, 6005.32.90, 6005.33.99, 6005.34.90, 6005.41.90, 6005.42.90, 6005.43.99, 6005.44.90, 6005.90.29, 6005.90.99, 6006.21.10, 6006.21.90, 6006.22.10, 6006.22.90, 6006.23.29, 6006.23.90, 6006.24.10, 6006.24.90, 6006.31.90, 6006.32.90, 6006.33.90, 6006.34.90, 6006.41.90, 6006.42.90, 6006.43.90, 6006.44.90, 6006.90.90 and 8209.00.92. 1644. The List of Intermediate and Final Rates for Tariff Items of the “F” Staging Category set out in the schedule to the Act is amended by adding, in numerical order, the tariff items set out in Schedule 2 to this Act.
COMING INTO FORCE Deemed coming into force — March 5, 2010
1645. This Part is deemed to have come into force on March 5, 2010. PART 6
R.S., c. F-8; 1995, c. 17, s. 45(1)
FEDERAL-PROVINCIAL FISCAL ARRANGEMENTS ACT 1646. The Federal-Provincial Fiscal Arrangements Act is amended by adding the following after section 3.11:
Additional fiscal equalization payment
3.12 An additional fiscal equalization payment may be paid for the fiscal year beginning on April 1, 2010 equal to,
Emploi et croissa
(a) for Nova Scotia, $250,405,000; (b) for New Brunswick, $80,300,000; (c) for Manitoba, $175,494,000; and (d) for Prince Edward Island, $3,304,000. 2009, c. 2, s. 390
1647. The description of A in paragraph 24.702(b) of the Act is replaced by the following: A is the amount determined for Ontario under subclause 24.7(1.2)(b)(ii)(A)(I) for that fiscal year, and 1648. The Act is amended by adding the following after section 24.702:
Payments to Saskatchewan and Newfoundland and Labrador
24.703 The Minister may pay an additional cash payment for the fiscal year beginning on April 1, 2010 equal to, (a) for Saskatchewan, $7,304,000; and (b) for Newfoundland and Labrador, $8,408,000. PART 7
2009, c. 2, s. 393
EXPENDITURE RESTRAINT ACT 1649. Section 55 of the Expenditure Restraint Act is replaced by the following:
Increase
55. (1) Despite subsections 55.1(2), 62.1(2), 62.2(2) and 62.3(2) of the Parliament of Canada Act and subsections 4.1(2), (4) and (6) of the Salaries Act, the increase in respect of allowances and salaries to be paid to members of the Senate and the House of Commons for the 2009–2010 fiscal year is to be 1.5%.
No increase
(2) Despite the provisions referred to in subsection (1), there are to be no increases in respect of allowances and salaries to be paid to members of the Senate and the House of Commons for the 2010–2011, 2011–2012 and 2012–2013 fiscal years.
Transition — 2013–2014 fiscal year
(3) In calculating the allowances and salaries to be paid to members of the Senate and the House of Commons for the 2013–2014 fiscal year, the indexing mentioned in the provisions
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Jobs and Econ
referred to in subsection (1) is to be applied to the allowances and salaries payable to the members for the 2009–2010 fiscal year. PART 8 AMENDMENTS RELATING TO CERTAIN GOVERNMENTAL BODIES DIVISION 1 AMENDMENTS RELATING TO CERTAIN GOVERNOR IN COUNCIL APPOINTMENTS 1974-75-76, c. 11
Alberta-British Columbia Boundary Act, 1974 Amendments to the Act 1650. Section 2 of the Alberta-British Columbia Boundary Act, 1974 is amended by adding the following in alphabetical order:
“Surveyor General” « arpenteur général »
“Surveyor General” has the same meaning as in subsection 2(1) of the Canada Lands Surveys Act. 1651. Subsection 3(1) of the Act is replaced by the following:
Commission established
3. (1) There shall be a commission to be known as the Alberta-British Columbia Boundary Commission consisting of the Surveyor General and two other commissioners appointed by, respectively, the Lieutenant Governor in Council of the Province of Alberta under The Alberta-British Columbia Boundary Act, 1974 (Alberta) and the Lieutenant Governor in Council of the Province of British Columbia under the British Columbia-Alberta Boundary Act (British Columbia). 1652. Subsection 4(2) of the Act is replaced by the following:
Revision of map-sheets
(2) When a boundary line established in accordance with subsection (1) has been approved by the Lieutenant Governors in Council of the provinces of Alberta and British Columbia and has been declared by the Governor in Council to be the boundary
Emploi et croissa between those provinces under section 6, the Surveyor General shall supplement or revise the map-sheets to incorporate that boundary line. Coming into Force
Order in council
R.S., c. A-13
1653. Sections 1650 to 1652 come into force on a day to be fixed by order of the Governor in Council. Asia-Pacific Foundation of Canada Act Amendment to the Act
2005, c. 30, s. 64
1654. Paragraph 9(a) of the Asia-Pacific Foundation of Canada Act is replaced by the following: (a) the Chairperson and up to four other directors appointed by the Governor in Council, on the recommendation of the Minister of Foreign Affairs, in this Act referred to as the “Minister”, after the Minister has consulted with the Board; Coming into Force
Order in council
2004, c. 2
1655. Section 1654 comes into force on a day to be fixed by order of the Governor in Council. Assisted Human Reproduction Act Amendment to the Act 1656. Subsection 26(1) of the Assisted Human Reproduction Act is replaced by the following:
Board of directors
26. (1) There shall be a board of directors of the Agency consisting of not more than 12 members, including a Chairperson and the President of the Agency. Coming into Force
Order in council
1657. Section 1656 comes into force on a day to be fixed by order of the Governor in Council.
474 1997, c. 26
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Jobs and Econ Budget Implementation Act, 1997
Amendment to the Act (Canada Foundation for Innovation) 1658. Paragraphs 9(2)(b) and (c) of the Budget Implementation Act, 1997 are replaced by the following: (b) five persons, who are resident in Canada, appointed by the Governor in Council on the recommendation of the Minister; and (c) seven persons, who are resident in Canada and none of whom are employees or agents of Her Majesty in right of Canada or in right of a province or members of the Senate, the House of Commons or the legislature of a province, appointed by the members in accordance with the by-laws of the foundation. Coming into Force Order in council
1995, c. 28
1659. Section 1658 comes into force on a day to be fixed by order of the Governor in Council. Business Development Bank of Canada Act Amendment to the Act 1660. Subsection 5(1) of the Business Development Bank of Canada Act is replaced by the following:
Membership of Board
5. (1) The Bank has a Board of Directors comprised of the Chairperson, the President and not fewer than three, but no more than 11, other directors. Coming into Force
Order in council
R.S., c. G-10
1661. Section 1660 comes into force on a day to be fixed by order of the Governor in Council. Canada Grain Act Amendments to the Act
R.S., c. 37 (4th Supp.), s. 3
1662. Sections 9 and 10 of the Canada Grain Act are replaced by the following:
2010 Staff
Emploi et croissa 10. Any officers and employees that are necessary for the proper conduct of the business of the Commission, including managers and employees employed at elevators constructed or acquired by Her Majesty in right of Canada and administered by the Commission under this Act, shall be appointed in the manner authorized by law. 1663. Paragraph 12(c) of the Act is replaced by the following: (c) specifying the duties of officers, managers and employees appointed as described in section 10; Coming into Force
Order in council
R.S., c. C-7
1664. Sections 1662 and 1663 come into force on a day to be fixed by order of the Governor in Council. Canada Mortgage and Housing Corporation Act Amendments to the Act
1999, c. 27, s. 26
1665. Subsections 7(3) to (5) of the Canada Mortgage and Housing Corporation Act are replaced by the following:
Re-appointment
(3) The President on the expiration of his or her term of office may, if eligible, be reappointed.
2003, c. 22, par. 224(p)(E)
1666. (1) The portion of subsection 8(1) of the Act before paragraph (a) is replaced by the following:
Ineligibility
8. (1) No person shall be appointed or continue as President or as a director from outside the federal public administration if that person
2003, c. 22, par. 224(p)(E)
(2) Subsection 8(2) of the Act is replaced by the following:
Shareholder in lending institution
(2) A person appointed as President or as a director from outside the federal public administration who is a shareholder of a lending institution shall divest themselves of ownership of their shares of the lending institution within three months after the date of their appointment and afterwards shall not during their term of
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office have an interest or right either directly or indirectly as a shareholder in a lending institution. 2003, c. 22, par. 224(p)(E)
(3) Subsection 8(3) of the English version of the Act is replaced by the following:
Failure to comply
(3) A person appointed as President or as a director from outside the federal public administration who fails to comply with subsection (2) ceases to hold office. Coming into Force
Order in council
R.S., c. C-8
1667. Sections 1665 and 1666 come into force on a day to be fixed by order of the Governor in Council. Canada Pension Plan Amendments to the Act
R.S., c. 30 (2nd Supp.), s. 45(1)
1668. The portion of subsection 82(3) of the Canada Pension Plan before paragraph (a) is replaced by the following:
Panel
(3) The Governor in Council shall appoint a panel of between 100 and 360 persons resident in Canada, in such a way that, at any given time,
2002, c. 8, s. 121(1)
1669. Paragraph 83(5)(b) of the Act is replaced by the following: (b) not less than one and not more than eight other persons, each of whom shall be a judge of the Federal Court of Appeal, the Federal Court or a superior court of a province. Coming into Force
Order in council
1670. Sections 1668 and 1669 come into force on a day to be fixed by order of the Governor in Council.
1991, c. 16; 2003, c. 22, s. 22
Canada School of Public Service Act Amendments to the Act 1671. Section 2 of the Canada School of Public Service Act is amended by adding the following in alphabetical order:
Emploi et croissa
“public sector” « secteur public »
“public sector” has the same meaning as in subsection 2(1) of the Public Servants Disclosure Protection Act;
2003, c. 22, s. 26
1672. Section 7 of the Act is replaced by the following:
Board of Governors
7. The School shall have a Board of Governors composed of not more than 11 governors, including a Chair and two ex officio governors. 1673. (1) Subsection 10(1) of the Act is replaced by the following:
Chair
10. (1) The Chief Human Resources Officer appointed under subsection 6(2.1) of the Financial Administration Act is Chair of the Board of Governors.
2005, c. 15, s. 2
(2) Subsection 10(3) of the Act is replaced by the following:
Ex officio governors
(3) The President and a person — occupying a position in the public sector — designated by the Clerk of the Privy Council and Secretary to the Cabinet, are ex officio governors.
R.S., c. A-1
SOR/2003-440
Related Amendment to the Access to Information Act 1674. Schedule I to the Access to Information Act is amended by striking out the following under the heading “OTHER GOVERNMENT INSTITUTIONS”: Public Service Human Resources Management Agency of Canada Agence de gestion des ressources humaines de la fonction publique du Canada
R.S., c. F-11
Related Amendments to the Financial Administration Act
2005, c. 15, par. 4(a)
1675. (1) Subsection 6(2.1) of the Financial Administration Act is replaced by the following:
Chief Human Resources Officer
(2.1) The Governor in Council may appoint an officer called the Chief Human Resources Officer to hold office during pleasure, who ranks as and has the powers of a deputy head of a department.
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2005, c. 15, par. 4(b)
(2) The portion of subsection 6(4.1) of the Act before paragraph (a) is replaced by the following:
Delegation to Chief Human Resources Officer
(4.1) The Treasury Board may, subject to any terms and conditions that it considers appropriate, delegate to the Chief Human Resources Officer
2005, c. 15, par. 4(b)
(3) Subsection 6(4.2) of the Act is replaced by the following:
President of the Treasury Board to coordinate activities
(4.2) The President of the Treasury Board is responsible and accountable for the coordination of the activities of the Secretary of the Treasury Board, the Chief Human Resources Officer and the Comptroller General of Canada and may, subject to any terms and conditions that the President of the Treasury Board considers appropriate, delegate that responsibility to the Secretary of the Treasury Board or to any person under the President of the Treasury Board’s jurisdiction.
R.S., c. 31 (4th Supp.)
Jobs and Econ
Related Amendment to the Official Languages Act
2005, c. 15, s. 3
1676. Section 47 of the Official Languages Act is replaced by the following:
Audit reports to be made available to Commissioner
47. The Chief Human Resources Officer appointed under subsection 6(2.1) of the Financial Administration Act shall provide the Commissioner with any audit reports that are prepared under paragraph 46(2)(d).
R.S., c. P-21
SOR/2003-439
Related Amendment to the Privacy Act 1677. The schedule to the Privacy Act is amended by striking out the following under the heading “OTHER GOVERNMENT INSTITUTIONS”: Public Service Human Resources Management Agency of Canada Agence de gestion des ressources humaines de la fonction publique du Canada
Emploi et croissa
2005, c. 46
Related Amendments to the Public Servants Disclosure Protection Act
2006, c. 9, s. 194(2) and (4)
1678. The definitions “Agency” and “Minister” in subsection 2(1) of the Public Servants Disclosure Protection Act are repealed.
2006, c. 9, s. 198
1679. Subsection 10(4) of the Act is replaced by the following:
Exception
(4) Subsections (1) and (2) do not apply to a chief executive if he or she declares, after giving notice to the Treasury Board Secretariat, that it is not practical to apply those subsections given the size of that portion of the public sector.
2006, c. 9, s. 211
1680. (1) Subsections 38.1(1) and (2) of the Act are replaced by the following:
Report to Treasury Board Secretariat — disclosures under section 12
38.1 (1) Within 60 days after the end of each financial year, each chief executive must prepare and submit to the Treasury Board Secretariat a report for that financial year on the activities, in the portion of the public sector for which the chief executive is responsible, respecting disclosures made under section 12.
Report to President of the Treasury Board — disclosures under section 12
(2) Within six months after the end of each financial year, the Chief Human Resources Officer appointed under subsection 6(2.1) of the Financial Administration Act must prepare and submit to the President of the Treasury Board a report for that financial year that provides an overview of the activities, throughout the public sector, respecting disclosures made under section 12.
2006, c. 9, s. 211
(2) Paragraph 38.1(3)(e) of the Act is replaced by the following: (e) any other matter that the Chief Human Resources Officer considers necessary.
2006, c. 9, s. 220
1681. Sections 54.1 and 54.2 of the Act are repealed. 1682. The Act is amended by replacing “Minister” with “President of the Treasury Board” in the following provisions:
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Jobs and Econ
(a) section 4; (b) subsections 5(3) and 5(4); (d) subsection 38.1(4); and (e) section 54. Coming into Force Order in council
1683. Sections 1671 to 1682 come into force on a day to be fixed by order of the Governor in Council.
R.S., c. C-13
Canadian Centre for Occupational Health and Safety Act Amendments to the Act 1684. Paragraphs 4(c) to (e) of the Canadian Centre for Occupational Health and Safety Act are replaced by the following: (c) four other governors to be appointed after consultation with any organizations representative of workers that the Governor in Council considers appropriate; and (d) four other governors to be appointed after consultation with any organizations representative of employers that the Governor in Council considers appropriate. 1685. Paragraphs 14(1)(a) and (b) of the Act are replaced by the following: (a) the number of members of the executive board who were appointed to the Council under paragraph 4(c) is equal to the number of members of the executive board who were appointed to the Council under paragraph 4 (d); and (b) the aggregate of the number of members of the executive board appointed to the Council under paragraph 4(c) or (d) is not less than 50% of the total number of members of the executive board. Coming into Force
Order in council
1686. Sections 1684 and 1685 come into force on a day to be fixed by order of the Governor in Council.
2010 R.S., c. 49 (4th Supp.)
Emploi et croissa Canadian Centre on Substance Abuse Act Amendments to the Act 1687. Section 6 of the Canadian Centre on Substance Abuse Act is replaced by the following:
Board of Directors
6. The affairs of the Centre shall be managed by a Board of Directors, in this Act referred to as the “Board”, consisting of a Chairperson and not more than 12 other directors whose backgrounds or experience would assist the Centre in the fulfilment of its purpose.
1996, c. 8, par. 32(1)(b)
1688. Paragraphs 8(a) and (b) of the Act are replaced by the following: (a) the Chairperson and up to four other directors may be appointed by the Governor in Council on the recommendation of the Minister of Health, after that Minister has consulted with the Board, to hold office during pleasure; and (b) up to eight directors may be appointed by the Board, to hold office during pleasure, after consultations with the governments of the provinces and with any individuals and organizations representative of the business community and labour, professional and voluntary organizations having a particular interest in alcohol and drug abuse that the Board considers appropriate. 1689. Sections 11 and 12 of the English version of the Act are replaced by the following:
Role of Chairperson
11. The Chairperson shall preside at meetings of the Board and may perform any other duties that are assigned by the Board.
ViceChairperson
12. The Board may elect from among its members a Vice-Chairperson who, in the event of the absence or incapacity of the Chairperson, or if the office of Chairperson is vacant, has and may exercise and perform all the duties and functions of the Chairperson. 1690. Section 21 of the English version of the Act is replaced by the following:
C. 12
Chairperson and other directors
21. The Chairperson and the other directors shall serve without remuneration, but may be paid any reasonable travel and living expenses in connection with the activities of the Centre that are fixed by by-law of the Board.
Jobs and Econ
1691. The English version of the Act is amended by replacing “Chairman” with “Chairperson” in the following provisions: (a) section 7; (b) subsection 9(1); (c) section 10; (d) section 14; and (e) section 26. Coming into Force Order in council
2000, c. 6
1692. Sections 1687 to 1691 come into force on a day to be fixed by order of the Governor in Council. Canadian Institutes of Health Research Act Amendment to the Act 1693. Subsection 7(1) of the Canadian Institutes of Health Research Act is replaced by the following:
Governing Council
7. (1) There shall be a Governing Council of the CIHR consisting of not more than 18 members, one of whom shall be the President of the CIHR. Coming into Force
Order in council
R.S., c. 47 (4th Supp.)
1694. Section 1693 comes into force on a day to be fixed by order of the Governor in Council. Canadian International Trade Tribunal Act Amendment to the Act
1999, c. 12, s. 54(E)
1695. Subsection 3(1) of the Canadian International Trade Tribunal Act is replaced by the following:
2010 Tribunal established
Emploi et croissa 3. (1) There is established a tribunal, to be known as the Canadian International Trade Tribunal, consisting, subject to subsection (2), of a Chairperson, two Vice-Chairpersons and not more than four other permanent members to be appointed by the Governor in Council. Coming into Force
Order in council
1991, c. 8
1696. Section 1695 comes into force on a day to be fixed by order of the Governor in Council. Canadian Race Relations Foundation Act Amendments to the Act 1697. Subsection 6(1) of the Canadian Race Relations Foundation Act is replaced by the following:
Board of Directors
6. (1) The activities of the Foundation shall be managed by a Board of Directors consisting of a Chairperson and not more than 11 other directors to be appointed by the Governor in Council, on the recommendation of the Minister, after the Minister, taking into account the multicultural character, linguistic duality and regional diversity of Canadian society, has consulted with any governments, institutions, organizations and individuals that the Minister considers appropriate. 1698. Section 23 of the Act is repealed. Coming into Force
Order in council
R.S., c. C-22
1699. Sections 1697 and 1698 come into force on a day to be fixed by order of the Governor in Council. Canadian Radio-television and Telecommunications Commission Act Amendments to the Act 1700. The definition “member” in section 2 of the Canadian Radio-television and Telecommunications Commission Act is replaced by the following:
“member” « conseiller »
“member” means a member of the Commission;
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1991, c. 11, s. 76
1701. Subsection 3(1) of the Act is replaced by the following:
Commission established
3. (1) There is established a commission, to be known as the Canadian Radio-television and Telecommunications Commission, consisting of not more than 13 members, to be appointed by the Governor in Council.
Jobs and Econ
1702. Section 4 of the Act is replaced by the following: Duties of members
4. A member shall devote the whole of his or her time to the performance of his or her duties under this Act.
2001, c. 34, par. 31(a)(E)
1703. (1) Subsection 6(1) of the Act is replaced by the following:
Chairperson and ViceChairpersons
6. (1) The Governor in Council shall designate one of the members to be Chairperson of the Commission and two of the members to be Vice-Chairpersons of the Commission.
2001, c. 34, par. 31(a)(E)
(2) Subsection 6(4) of the Act is replaced by the following:
Acting Chairperson
(4) The Commission may authorize one or more of its members to act as Chairperson if the Chairperson and both Vice-Chairpersons are absent or unable to act or if the office of Chairperson and each office of Vice-Chairperson are vacant.
2001, c. 34, par. 31(b)(E)
1704. Subsection 7(1) of the Act is replaced by the following:
Salaries and fees
7. (1) Each member shall be paid a salary to be fixed by the Governor in Council.
2003, c. 22, par. 224(z.11)(E) and 225(n)(E)
1705. Section 9 of the Act is replaced by the following:
Members’ superannuation
9. (1) The members of the Commission are deemed to be persons employed in the public service for the purposes of the Public Service Superannuation Act.
Compensation
(2) For the purposes of any regulations made under section 9 of the Aeronautics Act, the members of the Commission are deemed to be persons employed in the federal public administration.
Emploi et croissa 1706. Subsection 10(3) of the Act is replaced by the following:
Quorum
(3) A majority of the members in office constitute a quorum of the Commission.
1991, c. 11, s. 79
1707. Section 10.1 of the Act is replaced by the following:
Residence of members
10.1 (1) Subject to subsection (2), the members of the Commission shall reside in the National Capital Region as described in the schedule to the National Capital Act or within any distance of it that may be determined by the Governor in Council.
Residence of members — regional office
(2) If a regional office of the Commission is established under subsection 10(1.1), a member of the Commission who is designated for that region by the Governor in Council shall reside in that region and within any distance of that regional office that may be determined by the Governor in Council.
2001, c. 34, par. 31(c)(E)
1708. Paragraph 11(1)(c) of the Act is replaced by the following: (c) fixing the travel and living expenses to be paid to members.
1991, c. 11, s. 80; 1993, c. 38, s. 85; 2001, c. 34, par. 31(d)(E)
1709. Subsections 12(2) and (3) of the Act are replaced by the following:
Telecommunications
(2) The members of the Commission and the Chairperson shall exercise the powers and perform the duties vested in the Commission and the Chairperson, respectively, by the Telecommunications Act or by any special Act within the meaning of that Act.
By-laws
(3) The members of the Commission may make by-laws (a) respecting the establishment of special and standing committees of the members, the delegation of the powers, duties and functions of the members to those committees and the fixing of quorums for meetings of those committees; and
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(b) providing that any act or thing done by those committees in the exercise of the powers or the performance of the duties and functions delegated to it are deemed to be an act or thing done by the members. 1991, c. 11
Consequential Amendment to the Broadcasting Act
2001, c. 34, subpar. 32(1)(a)(ii)(E)
1710. Subsection 20(1) of the Broadcasting Act is replaced by the following:
Panels of Commission
20. (1) The Chairperson of the Commission may establish panels, each consisting of not fewer than three members of the Commission, to deal with, hear and determine any matter on behalf of the Commission. Coming into Force
Order in council
1990, c. 13
1711. Sections 1700 to 1710 come into force on a day to be fixed by order of the Governor in Council. Canadian Space Agency Act Amendments to the Act 1712. The definitions “Board” and “Executive Vice-President” in section 2 of the English version of the Canadian Space Agency Act are repealed. 1713. Subsection 12(3) of the Act is replaced by the following:
Acting President
(3) In the event of the absence or incapacity of the President or a vacancy in that office, the Minister may appoint another person to act as President, but that person may only act as President for a period exceeding 90 days with the approval of the Governor in Council. 1714. Sections 13 to 15 of the Act are replaced by the following:
Reappointment
14. The President may be reappointed for a further term.
Remuneration
15. The President shall be paid any remuneration that may be fixed by the Governor in Council. 1715. The heading before section 19 and sections 19 to 22 of the Act are repealed.
Emploi et croissa Coming into Force
Order in council
2000, c. 28
1716. Sections 1712 to 1715 come into force on a day to be fixed by order of the Governor in Council. Canadian Tourism Commission Act Amendments to the Act 1717. Section 8 of the Canadian Tourism Commission Act is replaced by the following:
Constitution
8. The Board consists of not more than 12 directors, including a Chairperson and a President. 1718. (1) Subsection 11(1) of the Act is replaced by the following:
Appointment of directors
11. (1) Up to nine directors shall be appointed by the Minister, with the approval of the Governor in Council.
2006, c. 9, s. 244.1
(2) Subsections 11(3) to (5) of the Act are replaced by the following:
Term of office
(3) The directors appointed under subsection (1) hold office during pleasure on a part-time basis for a term not exceeding four years.
2006, c. 9, s. 244.2
1719. Section 12 of the Act is repealed. 1720. Section 16 of the Act is replaced by the following:
Directors
16. The Chairperson and the directors appointed under subsection 11(1) shall be paid the fees that the Governor in Council may fix.
2003, c. 22, par. 224(z.13)(E)
1721. Section 25 of the Act is replaced by the following:
Accident compensation
25. The Chairperson, the President, the directors appointed under subsection 11(1) and the employees of the Commission are deemed to be employees for the purposes of the Government Employees Compensation Act and to be employed in the federal public administration for the purposes of any regulations made under section 9 of the Aeronautics Act.
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Jobs and Econ Coming into Force
Order in council
2005, c. 34
1722. Sections 1717 to 1721 come into force on a day to be fixed by order of the Governor in Council. Department of Human Resources and Skills Development Act Amendment to the Act 1723. Subsections 20(1) and (2) of the Department of Human Resources and Skills Development Act are replaced by the following:
Commission
Commissioners
20. (1) The Canada Employment Insurance Commission is continued. It consists of four commissioners. (2) The four commissioners shall be (a) the Deputy Minister of Human Resources and Skills Development, who shall be the Chairperson of the Commission; (b) an Associate Deputy Minister of Human Resources and Skills Development, who shall be the Vice-Chairperson of the Commission; (c) a person appointed by the Governor in Council after consultation with organizations representative of workers; and (d) a person appointed by the Governor in Council after consultation with organizations representative of employers. Coming into Force
Order in council
R.S., c. E-9
1724. Section 1723 comes into force on a day to be fixed by order of the Governor in Council. Energy Supplies Emergency Act Amendments to the Act
1990, c. 2, s. 2
1725. Sections 3 and 4 of the Energy Supplies Emergency Act are replaced by the following:
Board established
3. (1) There is established a board, to be known as the Energy Supplies Allocation Board, consisting of a chairperson and not more than six other members.
Emploi et croissa
2010 Chairperson
(2) The Deputy Minister of Natural Resources is the Chairperson of the Board.
Other members
(3) The other members of the Board are appointed by the Governor in Council to hold office during pleasure.
Remuneration
4. The members of the Board, other than the Chairperson, shall be paid any remuneration that may be fixed by the Governor in Council and are entitled to be paid reasonable travel and living expenses incurred in the course of their duties while absent from their ordinary places of residence. 1726. Subsection 7(2) of the English version of the Act is replaced by the following:
ViceChairperson
(2) One of the members of the Board may be designated by the Governor in Council to be Vice-Chairperson and in the event of the absence or incapacity of the Chairperson or if the office of Chairperson is vacant, the ViceChairperson may exercise all the powers and perform all the functions of the Chairperson. 1727. The English version of the Act is amended by replacing “Chairman” with “Chairperson” in the following provisions: (a) subsection 6(2); (b) subsection 7(1); and (c) section 12. Coming into Force
Order in council
R.S., c. E-20; 2001, c. 33, s. 2(F)
1728. Sections 1725 to 1727 come into force on a day to be fixed by order of the Governor in Council. Export Development Act Amendment to the Act
2001, c. 33, s. 4
1729. Section 3 of the Export Development Act is replaced by the following:
Corporation established
3. A corporation is established, to be known as Export Development Canada, consisting of a Board of Directors composed of 13 directors, including a Chairperson and a President.
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Jobs and Econ Coming into Force
Order in council
R.S., c. F-4; 1993, c. 3, s. 2
1730. Section 1729 comes into force on a day to be fixed by order of the Governor in Council. Farm Products Agencies Act Amendments to the Act
1993, c. 3, s. 5
1731. (1) Subsection 3(1) of the Farm Products Agencies Act is replaced by the following:
Council established
3. (1) There is established a council, to be known as the National Farm Products Council, consisting of not less than three and not more than seven members to be appointed by the Governor in Council to hold office during pleasure. (2) Subsection 3(3) of the Act is replaced by the following:
Regional representation
(3) In making appointments under this section, the Governor in Council shall try to ensure equal representation from the four Western provinces, the two Central provinces and the four Atlantic provinces. Coming into Force
Order in council
2005, c. 9
1732. Section 1731 comes into force on a day to be fixed by order of the Governor in Council. First Nations Fiscal and Statistical Management Act Amendments to the Act 1733. Subsection 38(1) of the First Nations Fiscal and Statistical Management Act is replaced by the following:
Establishment
38. (1) There is established a board, to be known as the First Nations Financial Management Board, to be managed by a board of directors consisting of a minimum of nine and a maximum of 13 directors, including a Chairperson and Vice-Chairperson. 1734. Subsection 41(1) of the Act is replaced by the following:
2010 Appointment of additional directors
Emploi et croissa 41. (1) The Governor in Council, on the recommendation of the Minister, shall appoint a minimum of five, and a maximum of nine, other directors to hold office during good behaviour for a term not exceeding five years, subject to removal by the Governor in Council at any time for cause. 1735. Subsection 94(1) of the Act is replaced by the following:
Board of directors
94. (1) The Institute shall be managed by a board of directors, consisting of 10 to 13 directors, including the Chairperson and ViceChairperson. 1736. Section 96 of the Act is replaced by the following:
Appointment of other directors
96. On the recommendation of the Minister, the Governor in Council shall appoint a minimum of eight, and a maximum of 11, additional directors to hold office during pleasure for a term not exceeding five years. Coming into Force
Order in council
R.S., c. F-13
1737. Sections 1733 to 1736 come into force on a day to be fixed by order of the Governor in Council. Freshwater Fish Marketing Act Amendment to the Act
2006, c. 9, par. 278(e)(E)
1738. Part II of the Freshwater Fish Marketing Act is repealed. Coming into Force
Order in council
R.S., c. H-4
1739. Section 1738 comes into force on a day to be fixed by order of the Governor in Council. Historic Sites and Monuments Act Amendments to the Act
1993, c. 28, s. 78, Sch. III, item 67(1)
1740. (1) The portion of subsection 4(1) of the Historic Sites and Monuments Act before paragraph (a) is replaced by the following:
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Board established
4. (1) There is established a Board, to be called the Historic Sites and Monuments Board of Canada, consisting of 16 members as follows:
2002, c. 7, s. 179
(2) Paragraph 4(1)(d) of the Act is replaced by the following:
Jobs and Econ
(d) one representative for each province or territory, to be appointed by the Governor in Council. 1741. Subsection 5(4) of the Act is replaced by the following: Quorum
(4) Seven members of the Board constitute a quorum. Coming into Force
Order in council
R.S., c. I-16
1742. Sections 1740 and 1741 come into force on a day to be fixed by order of the Governor in Council. International Boundary Commission Act Amendments to the Act 1743. Section 2 of the International Boundary Commission Act is amended by adding the following in alphabetical order:
“Surveyor General” « arpenteur général »
“Surveyor General” has the same meaning as in subsection 2(1) of the Canada Lands Surveys Act;
2001, c. 4, s. 162
1744. Section 9 of the Act is replaced by the following:
Canadian Commissioner
9. The Surveyor General is the Canadian member of the Commission.
Claims in liability against Canadian Commissioner
9.1 For the purposes of section 3 of the Crown Liability and Proceedings Act, the Canadian member of the Commission while acting within the scope of that member’s duties or employment is deemed to be a servant of the Crown. Coming into Force
Order in council
1745. Sections 1743 and 1744 come into force on a day to be fixed by order of the Governor in Council.
2010 R.S., c. I-19
Emploi et croissa International Development Research Centre Act Amendments to the Act 1746. (1) The definition “Chairman” in section 2 of the English version of the International Development Research Centre Act is repealed. (2) Section 2 of the English version of the Act is amended by adding the following in alphabetical order:
“Chairperson” Version anglaise seulement
“Chairperson” means the Chairperson of the Board; 1747. Section 3 of the Act is replaced by the following:
Centre established
3. A corporation is established, to be called the International Development Research Centre, consisting of a Board of Governors that is composed of a Chairperson, President and not more than 16 other governors. 1748. Subsection 5(1) of the English version of the Act is replaced by the following:
Appointment of Chairperson
5. (1) The Chairperson of the Board shall be appointed by the Governor in Council to hold office during pleasure for a term not exceeding five years. 1749. Section 6 of the English version of the Act is replaced by the following:
ViceChairperson
6. (1) The Board shall elect one of the governors to be Vice-Chairperson of the Board.
Absence, etc., of Chairperson
(2) In the event of the absence or incapacity of the Chairperson, or if the office of Chairperson is vacant, the Vice-Chairperson of the Board has all the duties and may perform all the functions of the Chairperson. 1750. (1) Subsections 10(1) and (2) of the Act are replaced by the following:
Majority of governors
10. (1) The Chairperson, the Vice-Chairperson and eight other governors must be Canadian citizens.
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Qualification
(2) At least 10 of the governors must have experience in the field of international development or experience or training in the natural or social sciences or technology.
Jobs and Econ
(2) Subsection 10(3) of the English version of the Act is replaced by the following: Parliamentary governors
(3) Two of the governors who are Canadian citizens, other than the Chairperson and the Vice-Chairperson, may be appointed from among the members of the Senate or the House of Commons. 1751. Subsection 11(3) of the English version of the Act is replaced by the following:
Chairperson
(3) The Board shall appoint one of the members of the executive committee to be the chairperson of the executive committee. 1752. Subsection 16(2) of the English version of the Act is replaced by the following:
Chairperson to preside
(2) The Chairperson shall preside at meetings of the Board. 1753. The English version of the Act is amended by replacing “Chairman” with “Chairperson” in the following provisions: (a) subsection 5(3); (b) subsection 8(1); (c) subsection 11(1); (d) subsection 16(1); and (e) subsection 22(1). Coming into Force
Order in council
R.S., c. N-5
1754. Sections 1746 to 1753 come into force on a day to be fixed by order of the Governor in Council. National Defence Act Amendment to the Act
1998, c. 35, s. 82
1755. Subsection 250.1(1) of the National Defence Act is replaced by the following:
2010 Commission established
Emploi et croissa 250.1 (1) There is established a commission, called the Military Police Complaints Commission, consisting of a Chairperson and not more than four other members to be appointed by the Governor in Council. Coming into Force
Order in council
R.S., c. N-15
1756. Section 1755 comes into force on a day to be fixed by order of the Governor in Council. National Research Council Act Amendment to the Act 1757. Subsection 3(1) of the National Research Council Act is replaced by the following:
Council established
3. (1) There is established a Council, to be called the National Research Council of Canada, consisting of a president and not more than 18 other members to be appointed by the Governor in Council. Coming into Force
Order in council
1993, c. 31
1758. Section 1757 comes into force on a day to be fixed by order of the Governor in Council. National Round Table on the Environment and the Economy Act Amendment to the Act 1759. Section 3 of the National Round Table on the Environment and the Economy Act is replaced by the following:
Round Table established
3. There is established a corporation, to be called the National Round Table on the Environment and the Economy, consisting of a Chairperson and not more than 16 other members to be appointed as provided in section 6. Coming into Force
Order in council
1760. Section 1759 comes into force on a day to be fixed by order of the Governor in Council.
496 R.S., c. N-21
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Natural Sciences and Engineering Research Council Act Amendment to the Act 1761. Section 3 of the Natural Sciences and Engineering Research Council Act is replaced by the following:
Establishment and membership of Council
3. There is established a corporation, to be called the Natural Sciences and Engineering Research Council, consisting of a president and not more than 18 other members to be appointed by the Governor in Council as provided in section 5. Coming into Force
Order in council
1999, c. 34
1762. Section 1761 comes into force on a day to be fixed by order of the Governor in Council. Public Sector Pension Investment Board Act Amendment to the Act 1763. Subsection 6(1) of the Public Sector Pension Investment Board Act is replaced by the following:
Board of directors
6. (1) The Board shall be managed by a board of directors of 11 directors, including the Chairperson. Coming into Force
Order in council
1964-65, c. 19
1764. Section 1763 comes into force on a day to be fixed by order of the Governor in Council. Roosevelt Campobello International Park Commission Act Amendment to the Act 1765. The Roosevelt Campobello International Park Commission Act is amended by adding the following after section 6: APPOINTMENT OF ALTERNATE MEMBERS
Governor in council appointment
6.1 The Governor in Council shall appoint no more than two of the alternate members to the Commission.
Emploi et croissa Coming into Force
Order in council
R.S., c. S-12
1766. Section 1765 comes into force on a day to be fixed by order of the Governor in Council. Social Sciences and Humanities Research Council Act Amendment to the Act 1767. Section 3 of the Social Sciences and Humanities Research Council Act is replaced by the following:
Establishment and membership of Council
3. There is established a corporation, to be called the Social Sciences and Humanities Research Council, consisting of a president and not more than 18 other members to be appointed by the Governor in Council as provided in section 5. Coming into Force
Order in council
R.S., c. S-16
1768. Section 1767 comes into force on a day to be fixed by order of the Governor in Council. Standards Council of Canada Act Amendments to the Act
1996, c. 24, s. 1; 2003, c. 22, par. 224(z.78)(E)
1769. Paragraphs 3(a) to (d) of the Standards Council of Canada Act are replaced by the following: (a) the Chairperson and Vice-Chairperson of the Provincial-Territorial Advisory Committee established under subsection 20(1); (b) the Chairperson of the Standards Development Organizations Advisory Committee established under subsection 21(1); and (c) not more than 10 other persons to represent the private sector, including nongovernmental organizations.
1996, c. 24, s. 5; 2006, c. 9, s. 299
1770. Section 6 of the Act is replaced by the following:
Appointment of members
6. (1) Each member of the Council, other than the persons referred to in paragraphs 3(a) and (b), shall be appointed by the Governor in Council, on the recommendation of the Minister, to hold office during pleasure for a term not
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exceeding four years in such a manner that will ensure, as far as possible, the expiration in any one year of the terms of office of not more than one half of the members. Requirements
(2) The members of the Council referred to in paragraph 3(c) must be representative of a broad spectrum of interests in the private sector and have the knowledge or experience necessary to assist the Council in the fulfilment of its mandate.
No right to vote
(3) The member of the Council referred to in paragraph 3(b) is a non-voting member of the Council.
2003, c. 22, par. 224(z.78)(E)
1771. Section 16 of the Act is replaced by the following:
Not agent of Her Majesty
16. The Council is not an agent of Her Majesty and, except as provided in section 17, the members and the executive director and other officers and employees of the Council are not part of the federal public administration.
2003, c. 22, para. 224(z.78)(E)
1772. Subsection 17(2) of the Act is replaced by the following:
Members of the Council
(2) The Public Service Superannuation Act does not apply to the members of the Council. Coming into Force
Order in council
1992, c. 33
1773. Sections 1769 to 1772 come into force on a day to be fixed by order of the Governor in Council. Status of the Artist Act Amendment to the Act
1995, c. 11, s. 38; 1999, c. 31, s. 193(E)
1774. Section 4 of the Status of the Artist Act and the heading before it are repealed. Coming into Force
Order in council
1775. Section 1774 comes into force on a day to be fixed by order of the Governor in Council.
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2010 DIVISION 2 1993, c. 44
NORTH AMERICAN FREE TRADE AGREEMENT IMPLEMENTATION ACT Amendments to the Act 1776. Section 14 of the North American Free Trade Agreement Implementation Act is replaced by the following:
Canadian Section of Secretariat
14. The Canadian Section of the Secretariat is established within the Department of Foreign Affairs and International Trade for the purpose of facilitating the operation of the Agreement, including the work of panels, committees and scientific review boards that may be established in accordance with the Agreement.
2003, c. 22, par. 225(z.11)(E)
1777. Section 15 of the Act is replaced by the following:
Secretary
15. (1) There shall be a Secretary of the Canadian Section of the Secretariat to be appointed in accordance with the Public Service Employment Act.
Duties
(2) The Secretary is responsible for fulfilling the mandate of the Section. In doing so, the Secretary shall (a) provide assistance to the Free Trade Commission; (b) provide administrative assistance to panels and committees established under Chapter Nineteen of the Agreement and panels established under Chapter Twenty of the Agreement; (c) support — as the Free Trade Commission may direct — the work of other committees and groups established under the Agreement; (d) otherwise facilitate — as the Free Trade Commission may direct — the operation of the Agreement; and (e) supervise and direct the work of the Section. Transitional Provisions
Definitions
1778. (1) The following definitions apply in this section.
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“former Section” « ancienne section »
“former Section” means the Canadian Section of the Secretariat established by section 14 of the North American Free Trade Agreement Implementation Act as it read immediately before the coming into force of section 1776.
“new Section” « nouvelle section »
“new Section” means the Canadian Section of the Secretariat established by section 14 of the North American Free Trade Agreement Implementation Act as enacted by section 1776.
Secretary
(2) The person occupying the position of Secretary of the former Section immediately before the day on which section 1776 comes into force becomes on that day the Secretary of the new Section and is deemed to have been appointed under section 15 of the North American Free Trade Agreement Implementation Act as enacted by section 1777.
Staff
(3) Nothing in section 1776 shall be construed as affecting the status of an officer or employee who, immediately before the coming into force of that section, occupied a position in the former Section, except that the officer or employee shall, on the coming into force of that section, occupy their position in the new Section.
Transfer of appropriations
(4) Any amount appropriated, for the fiscal year in which section 1776 comes into force, by an appropriation Act based on the Estimates for that year for defraying the charges and expenses of the federal public administration in respect of the former Section that, on the day on which that section comes into force, is unexpended, is deemed, on that day, to be an amount appropriated for defraying the charges and expenses of the federal public administration in respect of the new Section.
Transfer of powers, duties and functions — Secretary
(5) Any power, duty or function described in section 15 of the North American Free Trade Agreement Implementation Act as enacted by section 1777 that is vested in or exercisable by the Secretary of the former Section immediately before the day on which that section comes into force is, as of that day, vested in and exercisable by the Secretary of the new Section. Any other power, duty or
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function that is vested in or exercisable by the Secretary of the former Section immediately before that day is, as of that day, vested in and exercisable by the Deputy Minister of Foreign Affairs. Transfer of powers, duties and functions — officers and employees
(6) Any power, duty or function exercisable by an officer or employee of the former Section, immediately before the day on which section 1776 comes into force is, as of that day, exercisable by that officer or employee as officer or employee of the new Section.
R.S., c. F-11
Consequential Amendments to the Financial Administration Act
SOR/94-585; 1995, c. 5, s. 19(F)
1779. Schedule I.1 to the Financial Administration Act is amended by striking out, in column I, the reference to: NAFTA Secretariat — Canadian Section Secrétariat de l’ALÉNA — Section canadienne and the corresponding reference in column II to “Minister for International Trade”.
2003, c. 22, s. 11
1780. Schedule IV to the Act is amended by striking out the reference to: NAFTA Secretariat — Canadian Section Secrétariat de l’ALÉNA — Section canadienne
2006, c. 9, s. 270
1781. Part III of Schedule VI to the Act is amended by striking out, in column I, the reference to: NAFTA Secretariat — Canadian Section Secrétariat de l’ALÉNA — Section canadienne and the corresponding reference in column II to “Secretary”.
R.S., c. S-15
Consequential Amendment to the Special Import Measures Act
1993, c. 44, s. 201(1)
1782. The definition “Canadian Secretary” in subsection 2(1) of the Special Import Measures Act is replaced by the following:
“Canadian Secretary” « secrétaire canadien »
“Canadian Secretary” means
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(a) when Part I.1 is in force, the Secretary referred to in section 15 of the North American Free Trade Agreement Implementation Act, and (b) when Part II is in force, the Secretary appointed under subsection 77.24(1); Coming into Force Order in council
1783. Sections 1776 to 1782 come into force on a day to be fixed by order of the Governor in Council. DIVISION 3
1906-07, c. 22
THE INTERCOLONIAL AND PRINCE EDWARD ISLAND RAILWAYS EMPLOYEES’ PROVIDENT FUND ACT Repeal of the Act
Repeal
1784. The The Intercolonial and Prince Edward Island Railways Employees’ Provident Fund Act, chapter 22 of the Statutes of Canada, 1906-07, is repealed. Coming into Force
Order in council
1785. Section 1784 comes into force on a day to be fixed by order of the Governor in Council. PART 9
R.S., c. 32 (2nd Supp.)
PENSION BENEFITS STANDARDS ACT, 1985 AMENDMENTS TO THE ACT
2001, c. 34, s. 66
1786. (1) The definition “participant ancien” in subsection 2(1) of the French version of the Pension Benefits Standards Act, 1985 is repealed.
1998, c. 12, s. 1(2); 2000, c. 12, s. 254(2)
(2) The definitions “administrator”, “multi-employer pension plan”, “pension benefit” and “termination” in subsection 2(1) of the Act are replaced by the following:
“administrator” « administrateur »
“administrator”, in relation to a pension plan, means the administrator referred to in section 7, and includes the replacement administrator appointed under subsection 7.6(1);
2010 “multi-employer pension plan” « régime interentreprises »
“pension benefit” « prestation de pension »
“termination” « cessation »
2001, c. 34, s. 66
“former member” « ancien »
Emploi et croissa “multi-employer pension plan” means a pension plan organized and administered for employees of two or more employers whose contributions to the pension plan are determined under an agreement between the participating employers or a collective agreement, statute or regulation, if the pension plan provides pension benefits that are determined by periods of employment with any or all of the participating employers, but does not include a pension plan where more than 95% of the plan members are employed by participating employers who are incorporated and are affiliates within the meaning of the Canada Business Corporations Act; “pension benefit” means a periodic amount to which, under the terms of a pension plan, a member or former member, or the spouse, common-law partner, survivor or designated beneficiary or estate or succession of a member or former member, is or may become entitled; “termination”, in relation to a pension plan, means the situations described in subsections 29(1), (2), (2.1) and (4.2); (3) The definitions “former member” and “ “office” and “officer” ” in subsection 2(1) of the English version of the Act are replaced by the following: “former member”, in relation to a pension plan, means (a) except in sections 9.2 and 24 and paragraph 28(1)(b.1), a person who, on or after January 1, 1987, has either ceased membership in the plan or retired; (b) in section 9.2 and paragraph 28(1)(b.1), a person who has either ceased membership in the plan or retired and has not, before the termination of the whole of the plan, (i) transferred their pension benefit credit under section 26, (ii) used their pension benefit credit to purchase a life annuity under section 26, or (iii) had their pension benefits transferred to another pension plan; or
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(c) in section 24, a person who, before, on or after January 1, 1987, has either ceased membership in the plan or retired; “office” and “officer” « fonctions » et « cadre »
“office” means the position of an individual entitling that individual to a fixed or ascertainable stipend or remuneration, and includes the position of an officer or director of a corporation or other organization and of an agent or mandatary acting for a principal or mandator, and “officer” means a person holding such a position; (4) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:
“actuary” « actuaire » “plan year” « exercice du régime »
“actuary” means a Fellow of the Canadian Institute of Actuaries; “plan year”, in respect of a pension plan, means a calendar year, unless otherwise specified in the plan;
“variable benefit” « prestation variable »
“variable benefit” means a pension benefit payable in the form of a variable payment out of the pension fund;
“workout agreement” « accord de sauvetage »
“workout agreement” means an agreement that establishes a funding schedule that has been approved by the Minister under section 29.3; (5) Subsection 2(1) of the French version of the Act is amended by adding the following in alphabetical order:
« ancien » “former member”
« ancien » Relativement à un régime de pension, se dit : a) sauf aux articles 9.2 et 24 et à l’alinéa 28(1)b.1), du participant dont la participation a pris fin ou qui a pris sa retraite, le 1er janvier 1987 ou après cette date; b) à l’article 9.2 et à l’alinéa 28(1)b.1), du participant dont la participation a pris fin ou qui a pris sa retraite, à l’exception de celui qui, avant la cessation totale du régime, a, au titre de l’article 26, transféré ses droits à pension ou utilisé ceux-ci pour acheter une prestation viagère ou fait transférer ses prestations de pension à un autre régime de pension;
Emploi et croissa c) à l’article 24, du participant dont la participation a pris fin ou qui a pris sa retraite, même avant le 1er janvier 1987.
2000, c. 12, s. 255
1787. Section 3 of the Act is replaced by the following:
Pension plans may exceed minimum requirements
3. The requirements of this Act and the regulations shall not be construed as preventing the registration or operation of a pension plan containing provisions that are more advantageous to members of the plan, former members or potential members or their spouses, commonlaw partners, designated beneficiaries, estates or successions.
1998, c. 12, s. 3
1788. (1) Paragraph 5(2)(c) of the Act is replaced by the following: (c) disclose information gathered under paragraph (a) or (b) or subsection 9.01(6) or filed under subsection 9.01(5) or section 10, 10.1 or 12 to any government agency or regulatory body. (2) Section 5 of the Act is amended by adding the following after subsection (2):
Terms and conditions
(3) Any approval, authorization, consent or permission of the Superintendent given under this Act may be subject to terms and conditions.
1998, c. 12, s. 5
1789. Paragraph 7.5(2)(b) of the Act is replaced by the following: (b) require the administrator to invite members, former members or any other persons entitled to pension benefits under the pension plan to attend the meeting; and
1790. The Act is amended by adding the following after section 7.5: Appointment of replacement administrator
7.6 (1) If the administrator of a pension plan is insolvent or unable to act or the Superintendent is of the opinion that it is in the best interests of the members or former members, or any other persons entitled to pension benefits under the plan, that the administrator be
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removed, the Superintendent may remove the administrator and appoint a replacement administrator. A replacement administrator may recover their reasonable fees and expenses from the pension fund. Notification
(2) The Superintendent must notify a replaced administrator of their removal as soon as feasible.
Effect of replacement
(3) The replacement administrator is seized of the pension fund as of the date of the notification under subsection (2).
Notice
(4) If the whole of a pension plan is terminated, the replacement administrator must, on receiving approval of the termination report under subsection 29(10), give notice to the members, former members and any other persons who are entitled to pension benefits under the pension plan of the replacement administrator’s intention to distribute the assets of the plan in accordance with the report.
Publication
(5) The replacement administrator must publish the notice in the Canada Gazette and, except as otherwise directed by the Superintendent, once a week for two consecutive weeks in one or more newspapers in general circulation in each province.
Subrogation
(6) The members, former members and any other persons who were entitled to pension benefits under the pension plan immediately before the appointment of the replacement administrator are subrogated to those rights and claims of the replacement administrator that the replacement administrator has elected in writing not to pursue. They may maintain an action in respect of those rights and claims in their own name.
Discharge
(7) The Superintendent may discharge the replacement administrator when the assets of the pension plan have been distributed in accordance with this Act and the regulations. 1791. (1) The portion of subsection 8(1) of the English version of the Act before paragraph (a) is replaced by the following:
Amounts to be held in trust
8. (1) An employer shall ensure, with respect to its pension plan, that the following amounts are kept separate and apart from the
Emploi et croissa employer’s own moneys, and the employer is deemed to hold the amounts referred to in paragraphs (a) to (c) in trust for members of the pension plan, former members, and any other persons entitled to pension benefits under the plan:
1998, c. 12, s. 6(1)
(2) Paragraph 8(1)(b) of the Act is replaced by the following: (b) an amount equal to the aggregate of the following payments that have accrued to date: (i) the prescribed payments, and (ii) the payments that are required to be made under a workout agreement; and (3) The portion of paragraph 8(1)(c) of the English version of the Act before subparagraph (i) is replaced by the following: (c) all of the following amounts that have not been remitted to the pension fund: (4) The portion of subsection 8(1) of the Act after subparagraph (c)(i) is replaced by the following: (ii) other amounts due to the pension fund from the employer, including any amounts that are required to be paid under subsection 9.14(2) or 29(6). (5) Subsection 8(3) of the Act is replaced by the following:
Administration of pension plan and fund
(3) The administrator shall administer the pension plan and pension fund as a trustee for the employer, the members of the pension plan, former members, and any other persons entitled to pension benefits under the plan. 1792. The Act is amended by adding the following before section 9: REQUIRED FUNDING 1793. (1) Subsection 9(1) of the Act is replaced by the following:
Funding of pension plan
9. (1) A pension plan shall be funded in accordance with the prescribed tests and standards for solvency.
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Payments by employer
(1.1) In respect of a pension plan that is not a multi-employer pension plan, the employer shall pay into the pension fund all amounts required to meet the prescribed tests and standards for solvency.
Multi-employer pension plan
(1.2) In respect of a multi-employer pension plan, each participating employer shall pay into the pension fund all contributions that they are required to pay under an agreement between participating employers or a collective agreement, statute or regulation.
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(2) The portion of subsection 9(2) of the Act before paragraph (a) is replaced by the following: Actuarial reports
(2) In the case of an actuarial report required under subsection 12(2), if the Superintendent is of the opinion that the report has not been prepared
1794. The Act is amended by adding the following after section 9: Designation of actuary
9.01 (1) If the Superintendent is of the opinion that it is in the best interests of the members or former members, or any other persons entitled to pension benefits under a pension plan, the Superintendent may designate an actuary to prepare, in accordance with subsection 12(3.1), an actuarial report or a termination report required under subsection 12(2) or 29(9), respectively, and to provide the administrator with the report within the period specified by the Superintendent.
Notification
(2) The Superintendent must notify the administrator in writing of the designation. If the administrator is not the employer, the administrator must notify the employer in writing.
Obligation to provide information
(3) The administrator and employer must, if requested to do so, provide the designated actuary with any information in their possession or control that the designated actuary considers necessary for the preparation of the report.
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Comments on draft report
(4) Before finalizing the report, the designated actuary must provide the administrator with a copy of the draft report and give the administrator an opportunity to submit comments.
Report to be filed
(5) The administrator must file with the Superintendent the report prepared by the designated actuary within the period specified by the Superintendent.
Power of Superintendent
(6) If the administrator fails to file the report within the specified period, the Superintendent may require the designated actuary to provide a copy of the report.
Replacement report
(7) If the administrator has already filed the report in respect of which an actuary is designated, subsection 9(2) does not apply to that report and the designated actuary’s report replaces it.
Funding of pension plan
(8) A pension plan must be funded in accordance with the report prepared by the designated actuary, once the report has been filed under subsection (5) or provided to the Superintendent under subsection (6).
Fees and expenses
(9) The administrator must pay out of the pension fund the reasonable fees and expenses of the designated actuary that are associated with the preparation of the report. 1795. The Act is amended by adding the following after section 9.1: LETTERS OF CREDIT
Letters of credit
9.11 (1) Subject to the regulations, an employer may provide a trustee with, or transfer to a trust, a letter of credit made out to the trustee for the benefit of the pension plan, instead of paying into the pension fund an amount that is required to be paid under subsection 9(1.1).
Copy to administrator
(2) As soon as feasible after the letter of credit is issued, the employer must provide the administrator with a copy of it.
Deductions from remuneration
(3) The employer may not obtain a letter of credit in respect of an amount that it has deducted from members’ remuneration.
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Non-application
(4) Subsection (1) does not apply in respect of a pension plan that has been terminated in whole.
Duty of employer
9.12 The employer must ensure that the letter of credit and the trust agreement comply with this Act and the regulations and must, at any intervals or times and in the form that the Superintendent directs, provide the Superintendent and the administrator with a written statement confirming that compliance.
Obligation of trustee
9.13 (1) The trustee must hold the letter of credit in trust for the pension plan.
Disclosure
(2) The trustee must file with the Superintendent any information in respect of a letter of credit that the Superintendent requires at any intervals or times that the Superintendent directs.
No liability
(3) No civil action lies against the trustee for having, in good faith and in accordance with the regulations, on the direction of the employer, allowed the letter of credit to be cancelled or its face value to be reduced.
Demand for payment
9.14 (1) In the prescribed circumstances, the trustee must make a demand to the issuer for payment into the pension fund of an amount equal to the face value of the letter of credit.
Payment by employer
(2) If the issuer fails to honour the letter of credit, the employer must pay an amount equal to its face value into the pension fund without delay.
Non-application of subsection 8(1)
(3) Subsection 8(1) does not apply to an amount in respect of which the employer has obtained a letter of credit unless the issuer fails to honour the letter of credit.
Bankruptcy, etc., of employer
(4) In the event of any liquidation, assignment or bankruptcy of the employer, an amount equal to the amount of a letter of credit that has not been honoured by the issuer is deemed to be separate from and form no part of the estate in liquidation, assignment or bankruptcy.
Costs
9.15 The costs that are associated with obtaining, holding, amending or cancelling a letter of credit may not be paid out of the pension fund.
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CROWN CORPORATIONS Reduction of payments
9.16 If the employer is a Crown corporation, a payment that it is required to make under subsection 9(1.1) may be reduced, provided the payment does not relate to any amount that the employer has deducted from members’ remuneration and the prescribed conditions have been met. SURPLUS
1998, c. 12, s. 9
1796. (1) The portion of subsection 9.2(1) of the Act before paragraph (a) is replaced by the following:
Refund of surplus to the employer
9.2 (1) If an actuarial report prepared by a designated actuary or filed under subsection 12(2) indicates that there is a surplus, no part of that surplus may be refunded to the employer unless
1998, c. 12, s. 9
(2) Paragraph 9.2(1)(b) of the Act is replaced by the following: (b) the requirements of the regulations made under paragraph 39(1)(h.1) are met; and
1998, c. 12, s. 9; 2001, c. 34, ss. 67(1)(F) and (2)(F)
(3) Subsections 9.2(4) and (5) of the Act are replaced by the following:
Submission to arbitration
(4) Subject to subsection (5), if more than one half but fewer than two thirds of the persons in each of the categories referred to in subsection (3) consented to the proposal, the employer may, or if the whole of the pension plan is terminated shall, submit the proposal to arbitration. The employer shall notify the Superintendent and the persons in those categories if the proposal is to be submitted to arbitration.
Liquidation of employer
(5) The employer’s claim to the surplus, or part of it, shall be submitted to arbitration within 18 months after the termination of the whole of the pension plan, or any longer period specified by the Superintendent, if (a) the employer has not established a claim to the surplus; and (b) the employer is in the process of being liquidated.
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The employer shall notify the Superintendent and the persons in the categories referred to in subsection (3) that the claim is to be submitted to arbitration. 1998, c. 12, s. 10
1797. Subsection 10.1(2) of the Act is replaced by the following:
Void amendments
(2) Unless the Superintendent authorizes the amendment, an amendment is void or, in Quebec, null if (a) it would have the effect of reducing (i) pension benefits accrued before the date of the amendment or pension benefit credits relating to pension benefits accrued before the date of the amendment, or (ii) an immediate or deferred pension benefit to which a member, former member or any other person was entitled before the date of the amendment; (b) the solvency ratio of the pension plan would fall below the prescribed solvency ratio level; (c) the amendment would reduce the solvency ratio of the pension plan and the solvency ratio would be below the prescribed solvency ratio level once the amendment is made; or (d) the solvency ratio of the pension plan is below the prescribed solvency ratio level and the amendment would increase pension benefits or pension benefit credits. 1798. The Act is amended by adding the following after section 10.1:
Multi-employer pension plans
10.11 The administrator of a multi-employer pension plan may, subject to section 10.1 and despite the terms of the pension plan, make an amendment to any document referred to in paragraph 10(1)(a) or (b) that would have the effect of reducing pension benefits or pension benefit credits.
1998, c. 12, s. 10
1799. Section 10.2 of the Act is replaced by the following:
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No transfer without permission
10.2 Subject to section 26, the administrator may transfer or permit the transfer of any part of the assets of the pension plan that relate to defined benefit provisions to another pension plan, including a pension plan to which this Act does not apply, only with the Superintendent’s permission.
1998, c. 12, s. 10
1800. Subsection 11(4) of the Act is replaced by the following:
Temporary direction
(4) If, in the opinion of the Superintendent, the length of time required for representations to be made under subsection (3) might be prejudicial to the interests of the members, former members or any other persons entitled to pension benefits under the pension plan, the Superintendent may make a direction with respect to the matters referred to in subsection (1) or (2) that has effect for a period of not more than 15 days. 1801. (1) Subsections 12(1) to (3) of the Act are replaced by the following:
Annual reporting requirements
12. (1) The administrator of a pension plan shall file with the Superintendent — annually or at any other intervals or times that the Superintendent directs — an information return relating to that pension plan, containing the prescribed information, in any form that the Superintendent directs.
Actuarial reports, financial statements and other information
(2) The administrator of a pension plan shall file with the Superintendent actuarial reports, financial statements, and any other information required by or under the regulations at any intervals or times that the Superintendent directs.
Employer
(3) The employer shall file with the Superintendent any information required by or under the regulations at any intervals or times that the Superintendent directs. (2) Subsection 12(4) of the French version of the Act is replaced by the following:
Délai pour le dépôt
(4) Sauf directives contraires du surintendant, les documents visés au présent article doivent être déposés dans les six mois suivant la fin de l’exercice du régime auquel ils se rapportent.
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1998, c. 12, s. 13
1802. Section 13 of the Act is replaced by the following:
Information to members
13. The administrator of a pension plan must provide the members, former members and any other persons entitled to pension benefits under the plan with any information that the Superintendent specifies, at the time and in the manner specified by the Superintendent.
2007, c. 35, s. 141
1803. (1) Paragraph 16.1(3)(b) of the Act is replaced by the following:
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(b) in the case of a person who was receiving a joint and survivor pension benefit prior to the phased retirement period, the person’s spouse or common-law partner who would receive that joint and survivor pension benefit on the death of the person consents in the prescribed form to the cessation of the payment of the joint and survivor pension benefit; 2007, c. 35, s. 141
(2) Paragraph 16.1(3)(e) of the Act is replaced by the following: (e) the whole of the pension plan from which the phased retirement benefit is to be paid has not been terminated. 1804. The Act is amended by adding the following after section 16.1: VARIABLE BENEFIT
Variable benefit
16.2 (1) Subject to the regulations, a pension plan may provide that a member or former member who is entitled to an immediate pension benefit under subsection 16(1) or eligible to receive an immediate pension benefit under subsection 16(2) may elect to receive a variable benefit payable under a defined contribution provision.
Conditions
(2) A member or former member may make the election only if (a) their spouse or common-law partner notifies the administrator of their consent, in the prescribed form; and (b) the whole of the pension plan has not been terminated at the time the election is made.
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Non-application
(3) Section 22 does not apply to a variable benefit.
Entitlement of survivor
16.3 (1) In the case of the death of a former member who had a spouse or common-law partner at the time payment of a variable benefit referred to in subsection 16.2(1) commenced, the survivor is entitled to receive, subject to the regulations and the regulations made under the Income Tax Act, a variable benefit payable under a defined contribution provision based on the amount remaining in the former member’s account maintained in respect of the defined contribution provision.
Designated beneficiary or estate or succession
(2) If a former member dies without leaving a survivor, the amount remaining in the former member’s account maintained in respect of a defined contribution provision is to be paid, subject to the regulations made under the Income Tax Act, to the former member’s designated beneficiary or, if there is none, to the former member’s estate or succession.
Transfer
16.4 (1) At least once every year, or more frequently if the pension plan permits, a former member or their survivor may elect (a) to transfer the amount remaining to another pension plan, including a plan referred to in paragraph 26(5)(a) or (b), if that other plan permits; (b) to transfer the amount remaining to a retirement savings plan of the prescribed kind for the former member or survivor, as the case may be; or (c) to use the amount remaining to purchase an immediate or deferred life annuity of the prescribed kind for the former member or survivor, as the case may be. The former member or survivor must notify the administrator of their intention to make such an election in the prescribed form and the administrator must, without delay, take the necessary action to give effect to the notification.
Transfer in case of death
(2) If the survivor notifies the administrator of their intention to do so, in the prescribed form, within 90 days after the former member’s death or, if the Superintendent allows a longer period under paragraph 28(1)(d), within 60 days
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after the administrator has given the written statement under that paragraph, the survivor may also (a) transfer the amount remaining to another pension plan, including a plan referred to in paragraph 26(5)(a) or (b), if that other plan permits; (b) transfer the amount remaining to a retirement savings plan of the prescribed kind for the survivor; or (c) use the amount remaining to purchase an immediate or deferred life annuity of the prescribed kind for the survivor. The administrator must, without delay, take the necessary action to give effect to the notification. 2001, c. 34, s. 68(F)
1805. Section 17 of the Act is replaced by the following:
Provision respecting vesting
17. A pension plan must provide that any member of the plan is entitled, on cessation of membership in the plan, (a) to a deferred pension benefit, based on the member’s period of employment and salary up to the time of cessation of membership, and calculated in a similar manner and payable on the same terms and conditions as the immediate pension benefit — other than that provided by additional voluntary contributions — that the member would have been eligible to receive under the plan if they had attained pensionable age; and (b) to any other benefit or option, based on the member’s period of employment and salary up to the time of cessation of membership, and calculated in a similar manner and payable on the same terms and conditions as the benefit or option to which, if the member had remained a member of the plan until pensionable age, the member would have been entitled under the terms of the plan that are required or permitted by subsections 16(2), (4) and (6) and sections 22 to 25 and 27.
2001, c. 34, s. 69(1)(F)
1806. (1) Paragraph 18(1)(c) of the Act is replaced by the following:
Emploi et croissa (c) with respect to a person who has been a member for a continuous period of at least two years, that, except as provided in section 26, that person — if they are entitled to a benefit described in section 16 or 17 or would be entitled to the benefit if they retired or ceased membership in the plan — is not permitted to withdraw any part of their contributions to the plan, other than additional voluntary contributions, in respect of any period of membership in the plan on or after October 1, 1967 for which they are entitled to the benefit, and that any pension fund moneys attributable to those contributions shall be applied under the terms of the plan toward the payment of the benefit.
2001, c. 34, s. 69(2)(F)
(2) Paragraph 18(2)(a) of the Act is repealed.
2001, c. 34, s. 70(F)
1807. Section 20 of the Act and the heading before it are repealed.
2001, c. 34, s. 71(F)
1808. Section 21 of the Act is replaced by the following:
Minimum pension benefit credit
21. (1) Subject to paragraph 26(3)(b), if a member of a defined benefit plan retires, ceases to be a member or dies or if the whole or part of the plan is terminated, the pension benefit in respect of the member is to be increased by the amount, if any, by which the aggregate of the member’s contributions, other than additional voluntary contributions, together with interest in accordance with section 19, exceeds 50 per cent of the pension benefit credit in respect of the member’s membership in the plan.
Exception
(2) Subsection (1) does not apply to a contribution, or the pension benefit arising from it, in respect of any defined contribution provision of a defined benefit plan.
If plan provides for indexation
(3) Subsection (1) does not apply if a defined benefit plan provides for annual indexation of a deferred pension benefit, up to the day when payment of that deferred pension benefit commences, on the basis of
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(a) increases of at least 75 per cent of the annual increase of the Consumer Price Index, minus one per cent; or (b) any other formula that, in the Superintendent’s opinion, would provide protection that on the average would be comparable to that described in paragraph (a). Calculation of annual increase of Consumer Price Index
(4) For the purposes of paragraph (3)(a), (a) the “Consumer Price Index” means the Consumer Price Index for Canada, as published by Statistics Canada under the authority of the Statistics Act; and (b) the annual increase of the Consumer Price Index must be calculated, in prescribed manner, by the comparison between two consecutive and reasonably current 12-month periods.
1998, c. 12, s. 15(1); 2000, c. 12, par. 264(a); 2001, c. 34, s. 72(1)(F)
1809. (1) Subsection 23(1) of the Act is replaced by the following:
If member dies before eligible for early retirement
23. (1) In the case of the death of a member or former member of a pension plan who is entitled to a deferred pension benefit under section 17, or, in the case of a member, would be entitled to that benefit if the member ceased membership in the plan, the member’s or former member’s survivor is entitled to the pension benefit credit, calculated in accordance with section 21, to which the member or former member would have been entitled on the day of death if they had terminated employment on that day and had not died.
No survivor
(1.1) If a member or former member dies without leaving a survivor, the pension benefit credit referred to in subsection (1) is to be paid to the member’s or former member’s designated beneficiary or, if there is none, to their estate or succession.
1998, c. 12, ss. 15(2) and (3); 2000, c. 12, par. 264(b); 2001, c. 34, s. 72(2)(F)
(2) Subsections 23(3) and (4) of the Act are repealed.
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1998, c. 12, s. 15(3); 2000, c. 12, par. 264(c)
(3) The portion of subsection 23(6) of the Act before paragraph (b) is replaced by the following:
Effect of group life insurance plan
(6) Subject to subsection (7), a defined benefit plan may provide for the reduction of the benefit payable under subsection (1) or (2) by an amount equal to that part of the group life insurance payment that can be considered to have been paid by employer premiums, calculated in a manner satisfactory to the Superintendent, if (a) in the circumstances described in subsection (1) or (2), a survivor is entitled to a payment under a group life insurance plan on the death of the member or former member of the pension plan;
1810. The heading before section 25 of the Act is replaced by the following: DIVORCE, ANNULMENT, SEPARATION OR BREAKDOWN OF COMMON-LAW PARTNERSHIP 2000, c. 12, s. 259(1)
1811. (1) Subsection 25(2) of the Act is replaced by the following:
Application of provincial property law
(2) Subject to subsections (4), (7) and (8), pension benefits, pension benefit credits and any other benefits under a pension plan are, on divorce, annulment, separation or breakdown of common-law partnership, subject to the applicable provincial property law.
2000, c. 12, s. 259(2); 2001, c. 34, s. 73(F)
(2) Subsection 25(4) of the Act is replaced by the following:
Power to assign to spouse, etc.
(4) A member or former member of a pension plan may assign all or part of their pension benefit, pension benefit credit or other benefit under the plan to their spouse, former spouse, common-law partner or former common-law partner, effective as of divorce, annulment, separation, or breakdown of the commonlaw partnership, as the case may be. The assignee is, in respect of the assigned portion
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of the pension benefit, pension benefit credit or other benefit, deemed for the purposes of this Act, except section 21, (a) to have been a member of that pension plan; and (b) to have ceased to be a member of that pension plan as of the effective date of the assignment. However, a subsequent spouse or common-law partner of the assignee is not entitled to any pension benefit, pension benefit credit or other benefit under the pension plan in respect of that assigned portion. 2000, c. 12, s. 259(2)
(3) The portion of subsection 25(5) of the Act before paragraph (b) is replaced by the following:
Duty of administrator
(5) On divorce, annulment, separation or breakdown of a common-law partnership, if a court order or an agreement between the parties provides for the distribution of property between a member or former member and their spouse, former spouse or former common-law partner, the administrator shall determine and administer any pension benefit, pension benefit credit or other benefit of a pension plan of the member or former member in the prescribed manner and in accordance with the court order or agreement on receipt of (a) a written request from either the member or former member or their spouse, former spouse or former common-law partner that all or part of the pension benefit, pension benefit credit or other benefit, as the case may be, be distributed or administered in accordance with the court order or the agreement; and
2000, c. 12, s. 259(2)
(4) The portion of subsection 25(5) of the English version of the Act after paragraph (b) is replaced by the following: However, in the case of a court order, the administrator shall not administer the pension benefit, pension benefit credit or other benefit in accordance with the court order until all appeals from that order have been finally determined or the time for appealing has expired.
2000, c. 12, s. 259(2)
(5) Subsection 25(8) of the Act is replaced by the following:
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Adjustment of joint and survivor pension benefit
(7.1) A pension plan may provide that, if no part of the pension benefit of a member or former member is required to be distributed to that person’s spouse, former spouse or former common-law partner under a court order or agreement referred to in subsection (5), a joint and survivor pension benefit may be adjusted so that it becomes payable in the normal form of the pension benefit as defined in subsection 22(1).
Limitation
(8) The aggregate of the following amounts shall not be greater than the actuarial present value of the pension benefit or other benefit, as the case may be, that would have been payable to the member or former member had the divorce, annulment, separation or breakdown not occurred: (a) the actuarial present value of the pension benefit or other benefit paid to the member or former member, and (b) the actuarial present value of the pension benefit or other benefit paid to the spouse, former spouse or former common-law partner of the member or former member. 1812. The heading before section 26 of the Act is replaced by the following: PORTABILITY OF PENSION BENEFIT CREDITS AND PURCHASE OF LIFE ANNUITIES
2000, c. 12, par. 264(d)
1813. (1) The portion of paragraph 26(3)(b) of the Act before subparagraph (i) is replaced by the following: (b) that, if part of the pension benefit payable results from the excess described in subsection 21(1), the member or the survivor, as the case may be, must choose one of the following options in respect of that excess: (2) Subsection 26(4) of the Act is repealed. 1814. The Act is amended by adding the following after section 26:
If transfer or purchase impairs solvency
26.1 The administrator of a pension plan must obtain the consent of the Superintendent to transfer moneys out of the pension fund under section 26 or purchase an immediate or deferred
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life annuity if, in the Superintendent’s opinion, the transfer or purchase would impair the solvency of the pension fund. The Superintendent may consent to the transfer or purchase or may direct the administrator to carry out the transfer or purchase. 2000, c. 12, par. 263(d)
1815. (1) The portion of paragraph 28(1)(b) of the Act before subparagraph (i) is replaced by the following: (b) that each member of the plan and the member’s spouse or common-law partner will be given, in the prescribed circumstances and manner and within six months — or any longer period permitted by the Superintendent — after the end of each year of operation of the plan, a written statement showing
1998, c. 12, s. 17(2); 2000, c. 12, par 263(d); 2001, c. 34, s. 75
(2) Paragraphs 28(1)(c) and (d) of the Act are replaced by the following:
(b.1) that each former member of the plan and the former member’s spouse or commonlaw partner will be given, in the prescribed circumstances and manner and within six months — or any longer period permitted by the Superintendent — after the end of each year of operation of the plan, a written statement showing (i) the prescribed ratio of the plan or, if there is no prescribed ratio, the funded ratio, if applicable, and (ii) any other prescribed information; (c) that each member and former member of the plan, every other person entitled to pension benefits under the plan and their spouses or common-law partners may, once in each year of operation of the plan, either personally or by an agent or mandatary authorized in writing for that purpose, (i) examine copies of the documents or information filed with the Superintendent under subsection 9.01(5), 10(1) or 10.1(1), section 12 or subsection 29.03(4) or any regulations made under paragraph 39(1)(i), the reports provided under subsection 9.01(6), the letters of credit referred to in subsection 9.11(1), the documents sub2010
Emploi et croissa mitted under subsection 29.3(3), and of any other prescribed documents, at the Canadian head office of the administrator or at any other place that is agreed to by the administrator and the person requesting to examine the documents, and (ii) order, in writing, a copy of any of those documents; (d) that, if a member of the plan retires or ceases to be a member of the plan for any reason other than the termination of the whole of the plan, the administrator shall give to that member and to the member’s spouse or common-law partner a written statement, in the prescribed form, of the member’s pension benefits and other benefits payable under the plan, within 30 days after the date of the retirement or cessation of membership, or any longer period permitted by the Superintendent; and (e) that, if a member of the plan dies, the administrator shall give the written statement referred to in paragraph (d) in the prescribed form within 30 days after the date of the death — or any longer period permitted by the Superintendent — to the survivor, if there is one, to the member’s designated beneficiary, if the administrator has been notified of the designation and there is no survivor, or, in every other case, to the executor, administrator or liquidator of the member’s estate or succession. (3) Section 28 of the Act is amended by adding the following after subsection (2):
Information on plan termination
(2.1) A pension plan shall provide that if the whole of the plan is terminated, the administrator shall give to each member and former member and to the spouse or common-law partner of each member and former member, a written statement, in the prescribed form, informing them of (a) the termination of the plan within 30 days or any longer period permitted by the Superintendent; and
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(b) the member’s pension benefits and other benefits payable under the plan within 120 days after the termination or any longer period that the Superintendent may allow. 1816. (1) Subsection 29(3) of the Act is replaced by the following: Declaration by Superintendent
(2.1) The Superintendent may also declare the whole of a pension plan terminated if there is a cessation of crediting of benefits to the plan members.
Date of termination
(3) In a declaration made under subsection (2) or (2.1), the Superintendent shall declare a pension plan or part of a pension plan, as the case may be, to be terminated as of the date that the Superintendent considers appropriate in the circumstances.
1998, c. 12, s. 18(1)(E)
(2) Subsection 29(4) of the Act is replaced by the following:
Adoption of new plan
(4) If employer contributions to a multiemployer pension plan that is a defined benefit plan are suspended or cease as a result of the adoption of a new defined benefit plan, the original plan is deemed not to have been terminated, and the pension benefits and other benefits provided under the original plan are deemed to be benefits provided under the new plan in respect of any period of membership before the adoption of the new plan, whether or not the assets and liabilities of the original plan have been consolidated with those of the new plan.
1998, c. 12, s. 18(2)
(3) Subsection 29(5) of the Act is replaced by the following:
Partial termination
(4.1) Only the Superintendent may declare part of a pension plan terminated.
Termination by administrator or employer
(4.2) Subject to subsections (1), (2) and (2.1), the whole of a pension plan is terminated only if the administrator or employer notifies the Superintendent in writing of their decision to terminate the pension plan and the date of the termination.
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Result of termination
(4.3) As of the date of the termination of the whole of a pension plan, there is to be no crediting of benefits to the plan members under that pension plan.
Notice of voluntary termination or winding-up
(5) An administrator or employer who terminates or winds up a pension plan shall notify the Superintendent in writing not less than 60 and not more than 180 days before the date of the termination or winding-up. (4) Subsection 29(6) of the Act is replaced by the following:
Payments by employer to meet solvency requirements
(6) If the whole of a pension plan is terminated, the employer shall, without delay, pay into the pension fund all amounts that would otherwise have been required to be paid to meet the prescribed tests and standards for solvency referred to in subsection 9(1) and, without limiting the generality of the foregoing, the employer shall pay into the pension fund (a) an amount equal to the normal cost that has accrued to the date of the termination; (b) the amounts of any prescribed special payments that are due on termination or would otherwise have become due between the date of the termination and the end of the plan year in which the pension plan is terminated; (c) the amounts of payments that are required to be made under a workout agreement that are due on termination or would otherwise have become due between the date of the termination and the end of the plan year in which the pension plan is terminated; (d) all of the following amounts that have not been remitted to the pension fund at the date of the termination: (i) the amounts deducted by the employer from members’ remuneration, and (ii) other amounts due to the pension fund from the employer; and (e) the amounts of all of the payments that are required to be made under subsection 9.14(2).
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(5) Section 29 of the Act is amended by adding the following after subsection (6): Payment by employer of pension benefits
(6.1) If the whole of a pension plan that is not a multi-employer pension plan is terminated, the employer shall pay into the pension fund, in accordance with the regulations, the amount — calculated periodically in accordance with the regulations — that is required to permit the plan to satisfy any obligations with respect to pension benefits as they are determined on the date of the termination.
Application of subsection 8(1)
(6.2) Subsection 8(1) does not apply in respect of the amount that the employer is required to pay into the pension fund under subsection (6.1). However, it applies in respect of any payments that are due and that have not been paid into the pension fund in accordance with the regulations made for the purposes of subsection (6.1).
Overpayment
(6.3) If, on the winding-up of the pension plan, there remains in the pension fund an amount that is more than the amount required to permit the plan to satisfy all obligations with respect to pension benefits as they are determined on the date of termination, the portion of the remaining amount that is, according to the regulations, attributable to the payments made under subsection (6.1) does not constitute a surplus and, subject to subsection (7), is to revert to the benefit of the employer.
Winding-up or bankruptcy
(6.4) On the winding-up of the pension plan or the liquidation, assignment or bankruptcy of the employer, the amount required to permit the plan to satisfy any obligations with respect to pension benefits as they are determined on the date of termination is payable immediately.
Application of subsection 8(1)
(6.5) Subsection 8(1) does not apply in respect of the amount that the employer is required to pay into the pension fund under subsection (6.4). However, it applies in respect of any payments that have accrued before the date of the winding-up, liquidation, assignment or bankruptcy and that have not been remitted to the fund in accordance with the regulations made for the purposes of subsection (6.1).
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2000, c. 12, s. 261
(6) Subsection 29(7) of the Act is replaced by the following:
Assets of the pension plan
(7) On the termination or winding-up of the whole of a pension plan, no part of the assets of the plan shall revert to the benefit of the employer until the Superintendent’s consent has been obtained and provision has been made for the payment to members and former members and their spouses, common-law partners, designated beneficiaries, estates or successions of all accrued or payable benefits in respect of membership up to the date of the termination or winding-up. (7) Subsections 29(9) to (12) of the Act are replaced by the following:
Actuarial termination report
(9) On the termination of the whole or part of a pension plan, the administrator of the plan shall file with the Superintendent a termination report, prepared by a person having the prescribed qualifications, setting out the nature of the pension benefits and other benefits to be provided under the plan and a description of the methods of allocating and distributing those benefits and deciding the priorities in respect of the payment of full or partial benefits to the members. The report must also give the amount referred to in subsection (6.1) — calculated as at the date of termination — and contain any prescribed information.
Assets not to be applied until termination report approved
(10) Assets of the pension plan may not be applied toward the provision of any benefits until the Superintendent has approved the termination report. The administrator of the plan may nevertheless pay pension benefits, as they fall due, to the person entitled.
Superintendent may direct winding-up
(11) If the whole of a pension plan has been terminated and the Superintendent is of the opinion that no action or insufficient action has been taken to wind up the plan, the Superintendent may direct the administrator to distribute the assets of the plan in accordance with the regulations made under paragraph 39(1)(j), and may direct that any expenses incurred in connection with that distribution be
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paid out of the pension fund of the plan, and the administrator shall comply with any such direction without delay. 1998, c. 12, s. 19
1817. Section 29.1 of the Act is replaced by the following: DISTRESSED PENSION PLAN WORKOUT SCHEME
Application
29.01 (1) Sections 29.02 to 29.3 apply only in respect of a defined benefit plan that is not a multi-employer pension plan.
Agent of Her Majesty
(2) Sections 29.02 to 29.3 do not apply in respect of an employer who is an agent of Her Majesty in right of Canada.
Definitions
29.02 The following definitions apply in sections 29.03 to 29.3:
“beneficiary” « bénéficiaire »
“representative” « représentant »
“beneficiary” means any person, other than a member, who is entitled to pension benefits under a pension plan. “representative” means a bargaining agent for unionized members or a representative appointed under subsection 29.08(3).
Election of employer
29.03 (1) Subject to the regulations, an employer may elect to enter into a distressed pension plan workout scheme, as provided for in this section and sections 29.04 to 29.3, unless the employer is in the process of being liquidated, has made an assignment or has become bankrupt or the whole of the pension plan has been terminated.
Resolution
(2) The election must be authorized by a resolution of the employer and, in the case of a Crown corporation, must also be authorized by the Minister and the appropriate Minister, as defined in subsection 83(1) of the Financial Administration Act.
Declaration
(3) The election must be made by means of a declaration, in the prescribed form, of an officer of the employer and the declaration must (a) state that the employer does not anticipate being able to make the payments required under subsection 9(1.1) or that the employer is the subject of proceedings under
Emploi et croissa the Companies’ Creditors Arrangement Act or Part III of the Bankruptcy and Insolvency Act; (b) state that the employer intends to negotiate with the representatives of the members and beneficiaries with the purpose of entering into a workout agreement; (c) indicate, in the case of an employer who is not the subject of proceedings under the Companies’ Creditors Arrangement Act or Part III of the Bankruptcy and Insolvency Act, what portion of the payments referred to in subsection 29.07(1) the employer intends to defer; and (d) contain any prescribed information.
Filing
(4) The employer must, without delay, file the declaration, a certified copy of the employer’s resolution and any prescribed documents with the Superintendent and provide the Minister and the administrator with a copy of the documents filed.
Notice to members and beneficiaries
(5) The employer must, in accordance with the regulations, provide notice of the declaration to the members and beneficiaries.
Negotiation period
29.04 (1) On the day on which the declaration is filed with the Superintendent, a negotiation period for the purposes of paragraph 29.03(3)(b) begins and, subject to subsections (2) and (3), ends on the date that is determined in accordance with the regulations.
Extension by Minister
(2) The Minister may extend the negotiation period by a period of up to three months and, in determining whether to do so, must take into account any written representations made by the employer or the representatives and any other matter that the Minister considers relevant. No more than one extension may be granted in respect of any negotiation period.
Termination by Minister
(3) The Minister may terminate the negotiation period by notifying the Superintendent, the administrator, the employer and the representatives of the date of the termination.
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Exception
29.05 Despite section 29.04, the negotiation period ends, and may not be extended, on the liquidation, assignment or bankruptcy of the employer.
No termination
29.06 Despite section 11.1 and subsections 29(2) and (2.1), the Superintendent may not revoke the registration of a pension plan or declare the whole of a pension plan terminated during the negotiation period.
Deferral of payments
29.07 (1) If an employer makes an election under subsection 29.03(1), the payments to the pension fund that become due during the negotiation period are deferred, to the extent specified in the declaration, except payments that relate to normal cost and payments of the amounts that the employer has deducted from members’ remuneration.
Non-application of subsection 8(1)
(2) Subsection 8(1) does not apply to the deferred payments during the negotiation period.
When deferred payments become due
(3) The deferred payments and interest on those payments become due immediately if
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(a) the whole of the pension plan is terminated during the negotiation period; (b) the employer becomes the subject of proceedings under the Companies’ Creditors Arrangement Act or Part III of the Bankruptcy and Insolvency Act during the negotiation period; (c) the workout agreement does not provide for the payment of the deferred amounts; or (d) there is no workout agreement at the end of the negotiation period.
Non-application
(4) Subsections (1) to (3) do not apply if, at the time the election is made to enter into a distressed pension plan workout scheme, the employer is the subject of proceedings under the Companies’ Creditors Arrangement Act or Part III of the Bankruptcy and Insolvency Act.
2010 Appointment by Federal Court
Emploi et croissa 29.08 (1) Once the declaration has been filed with the Superintendent, the employer must, without delay, apply to the Federal Court for the appointment of (a) a representative who has exclusive authority to negotiate a workout agreement on behalf of the beneficiaries; and (b) a representative who has exclusive authority to negotiate a workout agreement on behalf of the non-unionized members, if any.
Other court
(2) If the employer is the subject of proceedings under the Companies’ Creditors Arrangement Act or Part III of the Bankruptcy and Insolvency Act, the employer must make the application instead to the appropriate court as determined by the regulations.
Eligibility
(3) The Federal Court or the court referred to in subsection (2) must appoint representatives who meet the prescribed eligibility criteria. The appointment is subject to any terms that the Federal Court or other court considers appropriate.
Information to be provided to representatives
(4) Within five days after the day on which a representative is appointed, the administrator must provide the representative with the names and home addresses of the non-unionized members or beneficiaries that they represent and a copy of the declaration.
Notice to members and beneficiaries
(5) Each representative — or, if the representative agrees, the employer — must, in the prescribed manner and within the prescribed period, notify the non-unionized members or beneficiaries that they represent of their appointment and provide them with any prescribed information.
Costs
(6) The costs associated with the application made under subsection (1) or (2) must be paid by the employer and not out of the pension fund.
Obligation of employer and administrator
29.09 (1) The employer and administrator must provide the representatives with any prescribed information in the prescribed manner and within the prescribed period.
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Fees and expenses
(2) The reasonable fees and expenses of the representatives must be paid by the employer and not out of the pension fund.
Workout agreement
29.1 (1) Subject to the regulations made for the purposes of sections 29.03 to 29.09, this section and sections 29.2 and 29.3, the employer and the representatives may negotiate a workout agreement that, among other things, proposes a funding schedule in respect of the pension plan for the period specified in the agreement.
Exception
(2) The proposed funding schedule may not provide for payments that become due before the day on which the negotiation period begins or that relate to normal cost.
Termination
(3) A workout agreement may not be entered into in respect of a pension plan that has been terminated in whole.
Information to be provided to members and beneficiaries
29.2 (1) The members and beneficiaries must be provided with the prescribed information regarding the proposed workout agreement within the prescribed period by their respective representatives or, if the representative agrees, by the employer.
Consent of representatives
(2) A representative who is not a bargaining agent may consent to a proposed workout agreement only if less than one third of the members or beneficiaries that they represent object to the agreement within the prescribed period.
How objections are counted
(3) Any objection expressed by a representative on behalf of the members or beneficiaries that they represent is to be counted as a separate objection for each person that they represent.
Approval by Minister
29.3 (1) The proposed funding schedule may take effect only if it is approved by the Minister, on the request of the employer and the representatives who consent to the proposed workout agreement.
Objections
(2) The request for approval of the funding schedule may be submitted to the Minister only if less than one third of the members and less than one third of the beneficiaries object to the proposed workout agreement within the prescribed period.
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2010 Request for approval
Emploi et croissa (3) A request for approval must be submitted within the prescribed period and must be accompanied by (a) a copy of the proposed workout agreement signed by the employer and the representatives that consent to it; (b) the funding schedule in the form that the Superintendent directs; (c) a written statement from each representative who consents to the proposed workout agreement or the employer, as the case may be, confirming that the requirements set out in subsection 29.2(1) have been met; (d) a written statement in which the employer confirms that the requirement set out in subsection (2) has been met; and (e) any prescribed documents or information.
Conditions
(4) The Minister may approve the funding schedule only if, in the Superintendent’s opinion, it complies with the regulations made under subparagraph 39(1)(n.1)(v). In deciding whether or not to approve the funding schedule, the Minister must consider the prescribed criteria and any other matter that the Minister considers relevant.
Notification of decision
(5) The Minister must notify the Superintendent, employer, administrator and representatives of the decision and, if the funding schedule is approved, must provide the Superintendent with a copy of the schedule.
Effect of approval
(6) On approval by the Minister, the funding schedule is, for the purposes of this Act — except section 38 — and the regulations, considered to be part of the prescribed tests and standards for solvency in respect of the pension plan in question.
Inconsistency
(7) In the event of an inconsistency between the approved funding schedule and the provisions of the regulations, the funding schedule prevails to the extent of the inconsistency.
1998, c. 12, s. 22
1818. Subsection 33.2(1) of the Act is replaced by the following:
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Superintendent may bring actions
33.2 (1) In addition to any other action that the Superintendent may take in respect of a pension plan, the Superintendent may bring against the administrator, employer or any other person any cause of action that a member, former member or any other person entitled to a benefit from the plan could bring.
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1819. (1) Subparagraph 38(1)(b)(ii) of the English version of the Act is replaced by the following: (ii) in any record, writing or other document, makes a false or deceptive statement or a false or deceptive entry, or (2) Subsection 38(5) of the English version of the Act is replaced by the following: Corporations and other bodies
(5) If a corporation or other body is guilty of an offence under this section, every officer, director, agent or mandatary or member of the corporation or body who directed, authorized, assented to, acquiesced in or participated in the offence is a party to and guilty of the offence and is liable on summary conviction to the punishment provided for the offence, whether or not the corporation or body has been prosecuted or convicted. 1820. (1) Section 39 of the Act is amended by adding the following after paragraph (e): (e.1) respecting the interest to be paid on the amounts due to the pension fund from the employer or the administrator; (e.2) respecting the letters of credit referred to in subsection 9.11(1), including regulations (i) specifying the types of payments that may be replaced by a letter of credit, (ii) specifying the circumstances in which a payment or part of a payment may be replaced by a letter of credit and the conditions and restrictions that apply, (iii) specifying the eligibility criteria that the issuer of the letter of credit and the trustee referred to in section 9.13 must meet,
Emploi et croissa (iv) specifying the terms and conditions that a letter of credit and a trust agreement must contain, (v) specifying the circumstances in which, on the direction of the employer, a letter of credit may be cancelled or its face value amended and the conditions that apply, and (vi) specifying the circumstances in which a letter of credit must be cancelled or its face value reduced and the amount — or part of the amount — in respect of which it was obtained to be paid by the employer into the pension fund; (e.3) respecting the reduction of payments referred to in section 9.16, including specifying the conditions under which they may be reduced and the types of payments that may be reduced; (2) Section 39 of the Act is amended by adding the following after paragraph (h.1): (h.2) respecting solvency ratios and solvency ratio levels and the manner in which they are to be determined; (3) Paragraph 39(i) of the Act is replaced by the following: (i) authorizing the Superintendent to specify the information in respect of pension plans that is to be provided to the Superintendent by the administrator; (i.1) authorizing the Superintendent to specify the information in respect of pension plans that is to be provided to the Superintendent by the employer; (4) Paragraph 39(j) of the French version of the Act is replaced by the following: j) régir la répartition des actifs d’un régime de pension en liquidation;
1998, c. 12, s. 26(3)
(5) Paragraph 39(j.1) of the Act is replaced by the following: (j.1) respecting the manner in which the administrator of a pension plan must deal with complaints or inquiries from members of
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the pension plan, former members and any other persons entitled to pension benefits under the plan; (6) Section 39 of the Act is amended by adding the following after paragraph (k.1): (k.2) respecting variable benefits; (7) Paragraph 39(l) of the French version of the Act is replaced by the following: l) définir « invalidité »; (8) Paragraph 39(m) of the Act is replaced by the following: (l.1) defining the term “normal cost” for the purposes of paragraph 29(6)(a) and subsections 29.07(1) and 29.1(2); (m) respecting the meaning of “impair the solvency” for the purposes of section 26.1; (9) Section 39 of the Act is amended by adding the following after paragraph (m): (m.1) respecting payment of the amount described in subsection 29(6.1); (m.2) respecting the manner in which the amount described in subsection 29(6.1) is to be calculated, including the periodic adjustment of that amount between the date of termination and the date of the winding-up of the pension plan; (m.3) respecting the determination of the portion referred to in subsection 29(6.3) and the reversion of that portion to the benefit of the employer; (10) The portion of paragraph 39(n) of the French version of the Act before subparagraph (i) is replaced by the following: n) régir la coordination des paiements suivants : (11) Section 39 of the Act is amended by adding the following after paragraph (n): (n.1) respecting the distressed pension plan scheme provided for in sections 29.01 to 29.3, including regulations
Emploi et croissa (i) specifying the circumstances in which the election referred to in subsection 29.03(1) may not be made, (ii) specifying the form and content of the notice to be provided under subsection 29.03(5) as well as the manner in which and the period within which it is to be provided, (iii) respecting the negotiation process, (iv) respecting the determination of the day on which the negotiation period is to end, and (v) respecting the funding schedule, including what it may provide for and the requirements that it must meet; (12) Section 39 of the Act is renumbered as subsection 39(1) and is amended by adding the following:
Classes
(2) A regulation made under this Act may be made applicable generally to all pension plans or specifically to one or more classes of pension plans.
General or specific application
(3) A regulation made for the purposes of subsection 8(4.1) or 9(1), sections 9.11 to 9.15 or subsection 10.1(2) may be made applicable generally to all pension plans or specifically to one or more pension plans. 1821. The Act is amended by adding the following after section 39:
Incorporation by reference
39.1 (1) A regulation made under this Act may incorporate by reference a document produced by a person or body other than the Minister or the Superintendent.
Reproduced or translated document
(2) A regulation may incorporate by reference a document that the Minister or Superintendent reproduces or translates from a document produced by a person or body other than the Minister or Superintendent, with any adaptations of form or reference that will facilitate its incorporation.
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Jointly produced document
(3) A regulation may incorporate by reference a document that the Minister or Superintendent produces jointly with a provincial or foreign government or government agency for the purpose of harmonizing the regulation with other laws.
Scope of incorporation
(4) A document may be incorporated by reference as it exists on a particular date or as it is amended from time to time.
Defence
(5) No person may be convicted of an offence or subjected to a penalty for the contravention of a regulation if a document that is relevant to the offence or contravention is incorporated by reference in the regulation unless it is proved that, at the time of the alleged contravention, the document was reasonably accessible to the person or reasonable steps had been taken to ensure that the document was accessible to the public.
Registration and publication
(6) For greater certainty, a document that is incorporated by reference in a regulation is not required to be transmitted for registration or published in the Canada Gazette by reason only that it is incorporated by reference.
Exception
(7) A regulation that is specifically applicable to one pension plan or one employer may not incorporate by reference a document produced by the employer or administrator or any person related to either of them, including any body corporate that — within the meaning of subsections 2(2), (4) and (5) of the Canada Business Corporations Act — is affiliated with either of them or is the holding body corporate or a subsidiary of either of them.
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1822. Paragraphs 40(b) to (d) of the Act are repealed. 1823. The heading before section 43 and sections 43 to 45 of the Act are repealed. Replacement of “acquises” with “accumulées”
1824. The French version of the Act is amended by replacing “acquises” with “accumulées” in the following provisions: (a) paragraph (a) of the definition “régime à cotisations déterminées” in subsection 2(1); (b) paragraph 16.1(5)(a); and
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(c) paragraph 30(1)(c) and subsection 30(2). Replacement of “void” with “void or, in Quebec, null”
1825. The English version of the Act is amended by replacing “void” with “void or, in Quebec, null” in the following provisions: (a) the definition “spouse” in subsection 2(1); (b) paragraphs 16.1(4)(g) and (5)(c); (c) subsections 36(1), (2) and (4); and (d) subsections 37(1) and (2). TRANSITIONAL PROVISION
Adoption of new plan
1826. If, as a result of the adoption of a new plan, employer contributions to a pension plan are suspended or cease before the day on which subsection 29(4) of the Pension Benefits Standards Act, 1985, as enacted by subsection 1816(2), comes into force, the original plan is deemed not to have been terminated, and the pension benefits and other benefits provided under the original plan are deemed to be benefits provided under the new plan in respect of any period of membership before the adoption of the new plan, regardless of whether the assets and liabilities of the original plan have been consolidated with those of the new plan. COMING INTO FORCE
Order in council
1827. The provisions of this Part — other than sections 1788, 1789, 1792, 1793, 1794, 1796, 1798, 1799, 1801, 1803, 1810 and 1811, subsection 1813(2), section 1814, subsections 1816(1) and (3), section 1819, subsections 1820(2) to (5), (7), (8) and (10) and sections 1821, 1824 and 1825 — come into force on a day or days to be fixed by order of the Governor in Council.
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AGREEMENT ON SOCIAL SECURITY BETWEEN CANADA AND THE REPUBLIC OF POLAND — RETROACTIVE COMING INTO FORCE Coming into force of Agreement
1828. Despite sections 41 and 42 of the Old Age Security Act, the Agreement on Social Security between Canada and the Republic of Poland, signed on April 2, 2008, is deemed to have come into force in Canada on October 1, 2009.
Actions taken
1829. All actions taken in accordance with the conditions of the Agreement referred to in section 1828 during the period beginning on October 1, 2009 and ending on the day on which section 1828 comes into force, including the exchange of information — with respect to a person — that is obtained under the Old Age Security Act or prepared under that Act from that information between the competent authorities or competent institutions of Canada and the Republic of Poland and the payment of any benefits purporting to have been made under that Act, are deemed to be lawful.
Interpretation
1830. For the purposes of section 1829, “competent authority” and “competent institution” have the same meanings as in the Agreement referred to in section 1828. PART 11
R.S., c. E-20; 2001, c. 33, s. 2(F) 1993, c. 26, s. 4(1)
EXPORT DEVELOPMENT ACT
1831. Paragraph 10(1.1)(h) of the Export Development Act is replaced by the following: (h) make any investment or enter into any transaction, including any transaction whose object is the management of portfolio risks, that is necessary or desirable for the financial management of the Corporation;
1993, c. 26, s. 6
1832. Section 17 of the Act is replaced by the following:
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2010 Offices
17. (1) The Corporation may establish offices in and outside Canada, and the Corporation’s head office shall be in the National Capital Region as described in the schedule to the National Capital Act.
Approval
(2) The Corporation shall obtain the approval of the Minister and the Minister of Foreign Affairs before establishing any office outside Canada.
Conditions
(3) The approval may be of a limited duration and may be subject to conditions.
Revocation
(4) Either the Minister or the Minister of Foreign Affairs may, if he or she considers it appropriate, revoke the approval by giving notice to the Corporation of the revocation and of its effective date.
1993, c. 26, s. 8
1833. Subsection 23(6) of the Act is replaced by the following:
Financial management
(6) The Minister, with the concurrence of the Minister of Finance, may authorize the Corporation to make any investment or enter into any transaction or any class of transactions — including the forgiveness in whole or in part of any debt or obligation — that is necessary or desirable for the management of assets and liabilities arising out of any transaction that may be entered into under this section. PART 12 PAYMENT CARD NETWORKS ENACTMENT OF PAYMENT CARD NETWORKS ACT
Enactment
1834. The Payment Card Networks Act is enacted as follows: An Act respecting payment card networks SHORT TITLE
Short title
1. This Act may be cited as the Payment Card Networks Act.
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Purpose
2. The purpose of this Act is to regulate national payment card networks and the commercial practices of payment card network operators. INTERPRETATION
Definitions
“acquirer” « acquéreur »
“entity” « entité »
“issuer” « émetteur »
“Minister” « ministre »
3. The following definitions apply in this Act. “acquirer” means an entity that enables merchants to accept payments by payment card by providing merchants with access to a payment card network for the transmission or processing of those payments. It does not include that entity’s agent or mandatary. “entity” means a corporation, trust or partnership, or an unincorporated association or organization. “issuer” means an entity or provincial Crown corporation that issues payment cards. “Minister” means the Minister of Finance.
“payment card” « carte de paiement »
“payment card” means a credit or debit card — or any other prescribed device — used to access a credit or debit account on terms specified by the issuer. It does not include a credit card issued for use only with the merchants identified on the card.
“payment card network” « réseau de cartes de paiement »
“payment card network” means an electronic payment system — other than a prescribed payment system — used to accept, transmit or process transactions made by payment card for money, goods or services and to transfer information and funds among issuers, acquirers, merchants and payment card users.
“payment card network operator” « exploitant de réseau de cartes de paiement »
“payment card network operator” means an entity that operates or manages a payment card network, including by establishing standards and procedures for the acceptance, transmission or processing of payment transactions and by facilitating the electronic transfer of information and funds.
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2010 APPLICATION Application
4. This Act applies to payment card network operators. FINANCIAL CONSUMER AGENCY OF CANADA
Supervision
5. (1) The Financial Consumer Agency of Canada, established under section 3 of the Financial Consumer Agency of Canada Act, is responsible for supervising payment card network operators to determine whether they are in compliance with the provisions of this Act and the regulations.
Examination and inquiry
(2) The Commissioner of the Financial Consumer Agency of Canada, appointed under section 4 of the Financial Consumer Agency of Canada Act, must, from time to time but at least once in each year, make or cause to be made any examination and inquiry that the Commissioner considers necessary to determine whether the provisions of this Act and the regulations are being complied with and, after the conclusion of each examination and inquiry, must report on it to the Minister.
Power of Commissioner on inquiry
(3) For the purposes of this section, the Commissioner has all the powers of a person appointed as a commissioner under Part II of the Inquiries Act for the purpose of obtaining evidence under oath, and may delegate those powers to any person acting under the Commissioner’s direction.
Access to records
(4) For the purposes of this section, the Commissioner or a person acting under the Commissioner’s direction (a) has a right of access to any records, including electronic records, of a payment card network operator; and (b) may require the directors or officers of a payment card network operator to provide information and explanations, to the extent that they are reasonably able to do so.
Required information
(5) A payment card network operator must provide the Commissioner with any information that the Commissioner may require for the purposes of this section.
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Confidential information
(6) Subject to subsection (7), information regarding the business or affairs of a payment card network operator, or regarding persons dealing with one, that is obtained by the Commissioner or by a person acting under the Commissioner’s direction, in the course of the exercise or performance of powers, duties and functions under this section or under subsection 5(1.1) or (2.1) of the Financial Consumer Agency of Canada Act, and any information prepared from that information, is confidential and must be treated accordingly.
Disclosure permitted
(7) If the Commissioner is satisfied that the information will be treated as confidential by the person to whom it is disclosed, the Commissioner may disclose it to the Deputy Minister of Finance, or any officer of the Department of Finance authorized in writing by the Deputy Minister of Finance, for the purpose of policy analysis related to the regulation of payment card network operators.
Compliance agreement
(8) The Commissioner may enter into an agreement, called a “compliance agreement”, with a payment card network operator for the purpose of implementing any measure designed to further compliance by it with the provisions of this Act and the regulations.
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REGULATIONS Regulations
6. The Governor in Council may, on the recommendation of the Minister, make regulations (a) respecting payment card networks; (b) specifying the types of rates that a payment card network operator must disclose and the manner in which the disclosure must be made; (c) prescribing the time and manner in which a payment card network operator must give notice of any new rates or any changes in its rates or fee schedules, as well as to whom the notice must be given; (d) prescribing conditions regarding the issuance of payment cards that a payment card network operator must include in any agreement entered into with an issuer;
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(e) prescribing conditions that a payment card network operator must include in any agreement entered into with an acquirer; (f) prescribing anything that by this Act is to be prescribed; and (g) generally for carrying out the purposes and provisions of this Act.
GENERAL Enforcing conditions
7. A payment card network operator that is a party to an agreement containing any of the conditions required by regulations made under paragraph 6(d) or (e) must take reasonable measures to enforce those conditions.
Exemption
8. The Minister may, by order, exempt a payment card network operator from any of the provisions of this Act or the regulations.
2001, c. 9
RELATED AMENDMENTS TO THE FINANCIAL CONSUMER AGENCY OF CANADA ACT 1835. Section 2 of the Financial Consumer Agency of Canada Act is amended by adding the following in alphabetical order:
“payment card network operator” « exploitant de réseau de cartes de paiement »
“payment card network operator” means an entity, as defined in section 3 of the Payment Card Networks Act, that operates or manages a payment card network, as defined in that section, including by establishing standards and procedures for the acceptance, transmission or processing of payment transactions and by facilitating the electronic transfer of information and funds. 1836. Section 3 of the Act is amended by adding the following after subsection (2):
546 Objects — payment card network operators
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(3) The objects of the Agency are also to (a) supervise payment card network operators to determine whether they are in compliance with the provisions of the Payment Card Networks Act and its regulations; (b) promote the adoption by payment card network operators of policies and procedures designed to implement the provisions of the Payment Card Networks Act and its regulations; (c) monitor the implementation of voluntary codes of conduct that have been adopted by payment card network operators and that are publicly available, and to monitor any public commitments made by them regarding their commercial practices in relation to payment card networks; and (d) promote public awareness about the obligations of payment card network operators under a voluntary code of conduct or under the Payment Card Networks Act.
1837. (1) Section 5 of the Act is amended by adding the following after subsection (1): Functions — Payment Card Networks Act
(1.1) The Commissioner shall also examine and inquire into, and report to the Minister from time to time on, all matters connected with the administration of the Payment Card Networks Act and its regulations. (2) Section 5 of the Act is amended by adding the following after subsection (2):
Personal information
(2.1) The Commissioner may also collect any personal information that he or she considers necessary in furtherance of the objects described in subsection 3(3). (3) Section 5 of the Act is amended by adding the following after subsection (3):
Review
(3.1) If a payment card network operator has adopted a voluntary code of conduct or made a public commitment referred to in paragraph 3(3)(c), the Commissioner may make or cause
Emploi et croissa to be made any review that he or she considers necessary to monitor compliance with the code or the commitment, as the case may be. (4) Section 5 of the Act is amended by adding the following after subsection (5):
Activities
(6) The Commissioner may also carry on any activity that he or she considers necessary in furtherance of the objects described in subsection 3(3). 1838. The Act is amended by adding the following after section 7:
Agreements — payment card network operators
7.1 In order to carry out the objects described in paragraph 3(3)(c), the Agency, in the name of Her Majesty in right of Canada or in its own name, may enter into an agreement with a payment card network operator, including an agreement respecting the provision of information or the payment of fees. 1839. The Act is amended by adding the following after section 14:
Ownership — payment card network operators
14.1 The Commissioner, a person appointed under subsection 4(4) or a Deputy Commissioner shall not hold, directly or indirectly, any interest or right in any shares of a payment card network operator. 1840. (1) Section 16 of the Act is amended by adding the following after subsection (1):
No grant or gratuity — payment card network operators
(1.1) The Commissioner, a person appointed under subsection 4(4), a Deputy Commissioner and any person appointed under section 10 shall not accept or receive, directly or indirectly, any grant or gratuity from a payment card network operator, or any of its directors, officers or employees, and no payment card network operator, or any of its directors, officers or employees shall make or give any such grant or gratuity. (2) The portion of subsection 16(2) of the Act before paragraph (a) is replaced by the following:
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Offence and punishment
(2) Every person, financial institution, bank holding company, insurance holding company or payment card network operator that contravenes subsection (1) or (1.1) is guilty of an offence and liable
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1841. Section 17 of the Act is amended by adding the following after subsection (2): Confidential information — payment card network operators
(3) Subject to subsection (4) and except as otherwise provided in this Act, information regarding the business or affairs of a payment card network operator, or regarding persons dealing with one, that is obtained by the Commissioner or by a person acting under the direction of the Commissioner, in the course of the exercise or performance of powers, duties and functions under subsection 5(1.1) or (2.1), and any information prepared from that information, is confidential and shall be treated accordingly.
Disclosure permitted
(4) If the Commissioner is satisfied that the information will be treated as confidential by the person to whom it is disclosed, the Commissioner may disclose it to the Deputy Minister of Finance, or any officer of the Department of Finance authorized in writing by the Deputy Minister of Finance, for the purpose of policy analysis related to the regulation of payment card network operators. 1842. (1) Subsection 18(1) of the Act is replaced by the following:
Commissioner to ascertain expenses
18. (1) The Commissioner shall, before December 31 in each year, ascertain the total amount of expenses incurred during the immediately preceding fiscal year for or in connection with the administration of this Act and the consumer provisions — excluding the expenses incurred in connection with the objects described in subsection 3(3) — and the amounts of any prescribed categories of those expenses in relation to any prescribed group of financial institutions.
Emploi et croissa (2) Section 18 of the Act is amended by adding the following after subsection (5):
Commissioner to ascertain expenses — payment card network operators
(5.1) The Commissioner shall, before December 31 in each year, ascertain the total amount of expenses incurred during the immediately preceding fiscal year in connection with the objects described in paragraphs 3(3)(a), (b) and (d).
Amount conclusive
(5.2) The amount ascertained under subsection (5.1) is final and conclusive for the purposes of this section.
Assessment
(5.3) As soon as possible after ascertaining the amount under subsection (5.1), the Commissioner shall assess a portion of the total amount of expenses against each payment card network operator to the extent and in the manner that may be prescribed.
Interim assessment
(5.4) The Commissioner may, during each fiscal year, prepare an interim assessment against any payment card network operator.
Assessment is binding
(5.5) Every assessment and interim assessment is final and conclusive and binding on the payment card network operator against which it is made. 1843. (1) Subsection 19(1) of the Act is amended by adding the following after paragraph (a): (a.1) designating, as a violation that may be proceeded with under sections 20 to 31, the contravention of a specified provision of the Payment Card Networks Act or its regulations; (a.2) designating, as a violation that may be proceeded with under sections 20 to 31, the non-compliance with an agreement entered into under section 7.1;
2007, c. 6, s. 436
(2) Subsection 19(2) of the Act is replaced by the following:
Maximum penalties
(2) The maximum penalty for a violation is $50,000 in the case of a violation that is committed by a natural person, and $200,000 in the case of a violation that is committed by a financial institution or a payment card network operator.
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1844. Section 21 of the Act is replaced by the following: How act or omission may be proceeded with
21. If a contravention or non-compliance that is designated under paragraph 19(1)(a) or (a.1) can be proceeded with either as a violation or as an offence, proceeding in one manner precludes proceeding in the other. 1845. Subsection 22(1) of the Act is replaced by the following:
Commission of violation
22. (1) Every contravention or non-compliance that is designated under paragraphs 19(1)(a) to (a.2) constitutes a violation and the person that commits the violation is liable to a penalty determined in accordance with sections 19 and 20. 1846. Subsection 24(2) of the Act is replaced by the following:
Court to take precautions against disclosing
(2) In an appeal, the Court shall take every reasonable precaution, including, when appropriate, conducting hearings in private, to avoid the disclosure by the Court or any person of confidential information referred to in subsection 17(1) or (3). 1847. Section 28 of the Act is amended by adding the following after subsection (2):
Common law principles — Payment Card Networks Act
(3) Every rule and principle of the common law that renders any circumstance a justification or excuse in relation to a charge for an offence in relation to a provision of the Payment Card Networks Act applies in respect of a violation to the extent that it is not inconsistent with this Act. 1848. Section 34 of the Act is replaced by the following:
Annual report
34. The Minister shall cause to be laid before each House of Parliament, not later than the fifth sitting day of that House after September 30 next following the end of each fiscal year, a report showing the operations of the Agency for that year and describing (a) in aggregate form, its conclusions on the compliance, in that year, of financial institutions with the consumer provisions applicable to them; and
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(b) in aggregate form, its conclusions on the compliance, in that year, of payment card network operators with the provisions of the Payment Card Networks Act and its regulations.
1849. Schedule 1 to the Act is amended by adding the following in alphabetical order: Payment Card Networks Act Loi sur les réseaux de cartes de paiement COMING INTO FORCE Order in council
1850. Sections 6 and 7 of the Payment Card Networks Act, as enacted by section 1834, come into force on a day to be fixed by order of the Governor in Council. PART 13
2001, c. 9
FINANCIAL CONSUMER AGENCY OF CANADA ACT AMENDMENTS TO THE ACT 1851. (1) Paragraphs 3(2)(a) and (b) of the Financial Consumer Agency of Canada Act are replaced by the following: (a) supervise financial institutions to determine whether they are in compliance with (i) the consumer provisions applicable to them, and (ii) the terms and conditions or undertakings with respect to the protection of customers of financial institutions that the Minister imposes or requires, as the case may be, under an Act listed in Schedule 1 and the directions that the Minister imposes under this Act; (b) promote the adoption by financial institutions of policies and procedures designed to implement (i) provisions, terms and conditions, undertakings or directions referred to in paragraph (a),
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(ii) voluntary codes of conduct that are designed to protect the interests of the customers of financial institutions that are adopted by financial institutions and that are publicly available, and (iii) any public commitments made by financial institutions that are designed to protect the interests of their customers; (2) Paragraph 3(2)(d) of the Act is replaced by the following: (d) promote consumer awareness about the obligations of financial institutions under consumer provisions applicable to them and all matters connected with the protection of consumers of financial products and services;
(3) Subsection 3(2) of the Act is amended by adding “and” at the end of paragraph (e) and by adding the following after that paragraph: (f) monitor and evaluate trends and emerging issues that may have an impact on consumers of financial products and services. 1852. (1) Subsection 5(2) of the Act is replaced by the following: Personal information
(2) The Commissioner may collect any personal information that he or she considers necessary in furtherance of the objects described in subsection 3(2). (2) Subsection 5(5) of the Act is replaced by the following:
Activities
(5) The Commissioner may carry on any activity that he or she considers necessary in furtherance of the objects described in subsection 3(2). 1853. The Act is amended by adding the following after section 5:
Minister’s direction
5.1 (1) The Minister may give a written direction to the Commissioner if the Minister is of the opinion that it can strengthen consumer protection and the public’s confidence in that protection or enhance the public’s financial literacy.
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Notification of implementation
(2) After implementing the direction, the Commissioner shall notify the Minister without delay that the direction has been implemented.
Best interests
(3) The Commissioner’s compliance with a direction is deemed to be in the best interests of the Agency.
Statutory Instruments Act
(4) The Statutory Instruments Act does not apply to a direction given under subsection (1).
Publication
(5) The Minister shall cause a notice to be published in the Canada Gazette that a direction was given under subsection (1) as soon as is feasible after the direction is implemented. 1854. Subsection 17(1) of the Act is replaced by the following:
Confidential information
17. (1) Subject to subsection (2) and except as otherwise provided in this Act, information regarding the business or affairs of a financial institution or regarding persons dealing with one that is obtained by the Commissioner or by any person acting under the direction of the Commissioner, in the course of the exercise or performance of powers, duties and functions referred to in subsections 5(1) and (2) and 5.1(2) and any information prepared from that information, is confidential and shall be treated accordingly. 1855. Subsections 18(2) and (3) of the Act are replaced by the following:
Commissioner to ascertain expenses — direction
(1.1) After the publication of a notice under subsection 5.1(5), the Commissioner shall ascertain the amount of expenses that the Agency incurred in complying with the direction.
Amount conclusive
(2) The amounts ascertained under subsections (1) and (1.1) are final and conclusive for the purposes of this section.
Assessment
(3) As soon as possible after ascertaining the amounts under subsections (1) and (1.1), the Commissioner shall assess a portion of the total amount of expenses against each financial institution to the extent and in the manner that the Governor in Council may, by regulation, prescribe.
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1856. Paragraph 19(1)(a) of the Act is replaced by the following: (a) designating, as a violation that may be proceeded with under sections 20 to 31, the contravention of a specified consumer provision, or the non-compliance with (i) a compliance agreement entered into under an Act listed in Schedule 1, and (ii) terms and conditions, undertakings or directions referred to in subparagraph 3(2)(a)(ii). 1857. Schedule 1 to the Act is amended by replacing “(Subsections 5(1) and 19(1) and section 20)” after the heading “SCHEDULE 1” with “(Subsections 3(2), 5(1) and 19(1) and section 20)”. CONSEQUENTIAL AMENDMENTS 1991, c. 46
Bank Act 1858. Section 973.02 of the Bank Act is amended by adding the following after subsection (1):
Commissioner — supervision of terms, conditions and undertakings
1991, c. 48
(1.1) If the Minister specifies that the Commissioner is to supervise a bank to determine if it is complying with any terms and conditions that are imposed, or undertakings that are required, by the Minister for the protection of the bank’s customers, the Commissioner may take the same measures that the Commissioner could take if the terms and conditions or undertaking were a consumer provision. Cooperative Credit Associations Act 1859. Section 459.4 of the Cooperative Credit Associations Act is amended by adding the following after subsection (1):
Commissioner — supervision of terms, conditions and undertakings
(1.1) If the Minister specifies that the Commissioner is to supervise an association to determine if it is complying with any terms and conditions that are imposed, or undertakings that are required, by the Minister for the protection of the association’s customers, the Commissioner may take the same measures that
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the Commissioner could take if the terms and conditions or undertaking were a consumer provision. 1991, c. 47
Insurance Companies Act 1860. Section 1016.2 of the Insurance Companies Act is amended by adding the following after subsection (1):
Commissioner — supervision of terms, conditions and undertakings
1991, c. 45
(1.1) If the Minister specifies that the Commissioner is to supervise a company to determine if it is complying with any terms and conditions that are imposed, or undertakings that are required, by the Minister for the protection of the company’s customers, the Commissioner may take the same measures that the Commissioner could take if the terms and conditions or undertaking were a consumer provision. Trust and Loan Companies Act 1861. Section 527.4 of the Trust and Loan Companies Act is amended by adding the following after subsection (1):
Commissioner — supervision of terms, conditions and undertakings
(1.1) If the Minister specifies that the Commissioner is to supervise a company to determine if it is complying with any terms and conditions that are imposed, or undertakings that are required, by the Minister for the protection of the company’s customers, the Commissioner may take the same measures that the Commissioner could take if the terms and conditions or undertaking were a consumer provision. PART 14
2000, c. 17; 2001, c. 41, s. 48
PROCEEDS OF CRIME (MONEY LAUNDERING) AND TERRORIST FINANCING ACT AMENDMENTS TO THE ACT 1862. (1) The definition “legal counsel” in section 2 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act is replaced by the following:
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“legal counsel” « conseiller juridique »
“legal counsel” means, in Quebec, an advocate or a notary and, in any other province, a barrister or solicitor.
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(2) Section 2 of the Act is amended by adding the following in alphabetical order: “Financial Action Task Force” « Groupe d’action financière » “legal firm” « cabinet juridique »
“Financial Action Task Force” means the Financial Action Task Force on Money Laundering established in 1989.
“legal firm” means an entity that is engaged in the business of providing legal services to the public. 1863. Section 3 of the Act is amended by striking out “and” at the end of paragraph (b), by adding “and” at the end of paragraph (c) and by adding the following after paragraph (c): (d) to enhance Canada’s capacity to take targeted measures to protect its financial system and to facilitate Canada’s efforts to mitigate the risk that its financial system could be used as a vehicle for money laundering and the financing of terrorist activities.
2006, c. 12, s. 7(1)
1864. Subsection 9(1) of the Act is replaced by the following:
Financial transactions to be reported
9. (1) Subject to section 10.1, every person or entity referred to in section 5 shall report to the Centre, in the prescribed form and manner, (a) any financial transaction, or any financial transaction within a class of financial transactions, specified in a directive issued under Part 1.1 that occurs or that is attempted in the course of their activities; and (b) any prescribed financial transaction that occurs in the course of their activities.
2006, c. 12, s. 8
1865. Subsection 9.6(1) of the Act is replaced by the following:
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Compliance program
9.6 (1) Every person or entity referred to in section 5 shall establish and implement, in accordance with the regulations, a program intended to ensure their compliance with this Part and Part 1.1.
2006, c. 12, s. 8
1866. Sections 9.7 and 9.8 of the Act are replaced by the following:
Foreign subsidiaries
9.7 (1) Every entity referred to in any of paragraphs 5(a) to (g), except for authorized foreign banks within the meaning of section 2 of the Bank Act and for foreign companies within the meaning of section 2 of the Insurance Companies Act, shall ensure that their wholly owned subsidiaries that are located in a country that is not a member of the Financial Action Task Force and that carry out activities similar to those of persons and entities referred to in those paragraphs develop and apply policies and procedures that are consistent with the requirements of sections 6, 6.1 and 9.6, when the laws of the country permit it.
Record keeping
(2) If the development or application by a subsidiary of a policy or procedure referred to in subsection (1) would contravene the laws of the country in which the subsidiary is located, the entity shall keep and retain a record of that fact in accordance with section 6.
Foreign branches
9.8 Every entity referred to in paragraphs 5(a) to (g), except for authorized foreign banks within the meaning of section 2 of the Bank Act and for foreign companies within the meaning of section 2 of the Insurance Companies Act, shall ensure that their branches that are located in a country that is not a member of the Financial Action Task Force and that carry out activities similar to those of persons and entities referred to in those paragraphs develop and apply policies and procedures that are consistent with the requirements of sections 6, 6.1 and 9.6 when the laws of the country permit it.
2006, c. 12, s. 9
1867. Section 10.1 of the French version of the Act is replaced by the following:
Non-application aux conseillers juridiques
10.1 Les articles 7 et 9 ne s’appliquent pas aux personnes ni aux entités visées aux alinéas 5i) ou j) qui sont, selon le cas, des conseillers juridiques ou des cabinets juridiques, lorsqu’elles fournissent des services juridiques.
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1868. Section 11 of the English version of the Act is replaced by the following: Solicitor-client privilege or professional secrecy
11. Nothing in this Part requires a legal counsel to disclose any communication that is subject to solicitor-client privilege or, in Quebec, the professional secrecy of legal counsel. 1869. The Act is amended by adding the following after section 11.4: PART 1.1 PROTECTION OF CANADA’S FINANCIAL SYSTEM INTERPRETATION
Definition of “foreign state”
11.41 In this Part, “foreign state” means a country other than Canada and includes any political subdivision or territory of a foreign state. MINISTERIAL DIRECTIVE
Minister’s written directive
11.42 (1) In addition to any other measure required by this Act, the Minister may, by written directive, require any person or entity referred to in section 5 to take, in order to safeguard the integrity of Canada’s financial system, (a) any prescribed measure specified in the directive with respect to any financial transaction, or any financial transaction within a class of financial transactions, originating from or bound for any foreign state or foreign entity, that occurs or is attempted in the course of their activities; or (b) any other measure specified in the directive with respect to those transactions.
Measures
(2) The measures specified in a directive may include provision for the following matters: (a) the verification of the identity of any person or entity;
Emploi et croissa (b) the exercise of customer due diligence, including ascertaining the source of funds in any financial transaction, the purpose of any financial transaction or the beneficial ownership or control of any entity; (c) the monitoring of any financial transaction or any account; (d) the keeping and retention of any records; (e) the reporting of any financial transaction to the Centre; and (f) compliance with this Part and Part 1.
Director to communicate directive
(3) The Minister may require the Director of the Centre to communicate a directive in accordance with the Minister’s instructions.
Relevant circumstances
(4) Before issuing a directive, the Minister may take into account any circumstance that the Minister considers relevant. However, the Minister may only issue a directive if (a) an international organization, body, association or coalition or a grouping of states (such as the Financial Action Task Force) of which Canada is a member has called on its members to take measures in relation to a foreign state or foreign entity on the ground that the state’s or entity’s anti-money laundering or anti-terrorist financing measures are ineffective or insufficient; or (b) the anti-money laundering or anti-terrorist financing measures that a foreign state or a foreign entity has implemented are ineffective or insufficient and, as a result, the Minister is of the opinion that there could be an adverse impact on the integrity of the Canadian financial system or a reputational risk to that system.
Terms and conditions
(5) The Minister may impose any terms and conditions in the directive that the Minister considers appropriate.
Duty to comply
11.43 The person or entity to which a directive under this Part applies shall comply with it within the time and in the manner specified in the directive.
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Foreign subsidiaries
11.44 (1) Every entity referred to in any of paragraphs 5(a) to (g), except for authorized foreign banks within the meaning of section 2 of the Bank Act and for foreign companies within the meaning of section 2 of the Insurance Companies Act, shall ensure that their wholly owned subsidiaries that are located outside Canada and that carry out activities similar to those of persons and entities referred to in those paragraphs comply with, when those subsidiaries are permitted to do so by law, any directive issued under this Part except with respect to any reporting measure as contemplated by paragraph 11.42(2)(e).
Record keeping
(2) If compliance with a directive by a subsidiary would contravene the laws of the country in which the subsidiary is located, the entity shall keep and retain a record of that fact in accordance with section 6.
Foreign branches
11.45 Every entity referred to in any of paragraphs 5(a) to (g), except for authorized foreign banks within the meaning of section 2 of the Bank Act and for foreign companies within the meaning of section 2 of the Insurance Companies Act, shall ensure that their branches that are located outside Canada and that carry out activities similar to those of persons and entities referred to in those paragraphs comply with, when those branches are permitted to do so by law, any directive issued under this Part except with respect to any reporting measure as contemplated by paragraph 11.42(2)(e).
Inconsistency
11.46 In the event of any inconsistency or conflict between a directive issued under this Part and a regulation made under this Act, the directive prevails to the extent of the inconsistency or conflict.
Statutory Instruments Act
11.47 A directive issued under this Part is not a statutory instrument within the meaning of the Statutory Instruments Act. However, it must be published in the Canada Gazette.
Review
11.48 (1) The Minister shall, at least every three years after the issuance of a directive under this Part, review that directive to determine whether it is advisable, in the Minister’s opinion, to amend or revoke it.
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2010 Relevant circumstance
(2) In reviewing a directive, the Minister may take into account any circumstance that the Minister considers relevant. LIMITATION AND PROHIBITION OF FINANCIAL TRANSACTIONS
Regulations — limitation and prohibition
11.49 (1) The Governor in Council may, on the recommendation of the Minister, make regulations (a) imposing a limitation or a prohibition on any person or entity referred to in section 5, with respect to entering into, undertaking or facilitating, directly or indirectly, any financial transaction, or any financial transaction within a class of financial transactions, originating from or bound for any foreign state or foreign entity; (b) prescribing terms and conditions with respect to a limitation or prohibition referred to in paragraph (a); and (c) excluding any transaction or any class of transactions from a limitation or prohibition imposed under paragraph (a).
Consultation with the Minister of Foreign Affairs
(2) The Minister shall consult with the Minister of Foreign Affairs before making a recommendation.
Relevant circumstances
(3) The Minister may, before making a recommendation, take into account any circumstance that the Minister considers relevant. However, the Minister may only make a recommendation (a) if (i) an international organization, body, association or coalition or a grouping of states (such as the Financial Action Task Force) of which Canada is a member has called on its members to take measures in relation to a foreign state or foreign entity on the ground that the state’s or entity’s anti-money laundering or anti-terrorist financing measures are ineffective or insufficient, and (ii) there is a risk that money laundering activities or terrorist financing activities may be carried out in that foreign state or by means of that foreign entity; or
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(b) if the anti-money laundering or antiterrorist financing measures that a foreign state or a foreign entity has implemented are ineffective or insufficient, the risk of money laundering activities or terrorist financing activities being carried out in that foreign state or by means of that foreign entity is significant and, as a result, the Minister is of the opinion that there could be an adverse impact on the integrity of the Canadian financial system or a reputational risk to that system.
Review
11.5 (1) The Minister shall, at least every three years after the making of a regulation under this Part, review that regulation to determine whether it is advisable, in the Minister’s opinion, that it be amended or repealed.
Relevant circumstances
(2) In reviewing a regulation, the Minister may take into account any circumstance that the Minister considers relevant.
Foreign branches
11.6 Every entity referred to in any of paragraphs 5(a) to (g), except for authorized foreign banks within the meaning of section 2 of the Bank Act and for foreign companies within the meaning of section 2 of the Insurance Companies Act, shall ensure that their branches that are located outside Canada and that carry out activities similar to those of persons and entities referred to in those paragraphs comply with any regulation made under subsection 11.49(1) when those branches are permitted to do so by law.
Ministerial permit
11.7 (1) The Governor in Council may, by order, authorize the Minister to issue to any person or entity referred to in section 5 a permit to enter into, undertake or facilitate a financial transaction or class of financial transactions, specified by the Minister, that is otherwise limited or prohibited by regulation.
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Terms and conditions
(2) A permit may be subject to any terms and conditions that the Minister considers appropriate.
Amendment, etc.
(3) The Minister may amend, suspend, revoke or reinstate a permit.
2001, c. 41, s. 65
1870. (1) Paragraph 40(b) of the Act is replaced by the following: (b) collects, analyses, assesses and discloses information in order to assist in the detection, prevention and deterrence of money laundering and of the financing of terrorist activities, and in order to assist the Minister in carrying out the Minister’s powers and duties under Part 1.1; (2) Paragraph 40(e) of the Act is replaced by the following: (e) ensures compliance with Parts 1 and 1.1. 1871. Subsection 52(3) of the Act is replaced by the following:
Disclosure of information
(3) Subject to subsection 53.1(1), the Director shall, at the Minister’s request, disclose to the Minister any information that the Minister considers relevant for the purpose of carrying out the Minister’s powers and duties under this Act. 1872. The Act is amended by adding the following after section 53:
Director to disclose information for the purpose of Part 1.1
53.1 (1) The Director shall, at the request of the Minister, disclose to the Minister any information received or collected by the Centre under paragraph 54(a) or (b), or any analysis conducted by the Centre under paragraph 54(c), that the Minister considers relevant for the purpose of carrying out the Minister’s powers and duties under Part 1.1.
Director may disclose information
(2) If the Director is of the opinion that information received or collected by the Centre under paragraph 54(a) or (b), or any analysis conducted by the Centre under paragraph 54(c), would assist the Minister in carrying out the
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Minister’s powers and duties under Part 1.1, the Director may disclose that information or analysis to the Minister. Limitation
53.2 Despite section 53.1, the Director shall not disclose any information that would directly or indirectly identify any person or entity other than a foreign entity.
Director to seek consent
53.3 (1) The Director shall seek consent for disclosure of information that was provided to the Centre in confidence by the institutions or agencies mentioned in paragraph (a), (b) or (c), as the case may be, if that information is contained in the information or analysis requested by the Minister under subsection 53.1(1): (a) federal or provincial law enforcement agencies; (b) federal government institutions or federal government agencies; or (c) a government of a foreign state, an international organization established by the governments of foreign states, or an institution or agency of a foreign state that has powers and duties similar to those of the Centre, with which the Minister or the Centre has entered into a written agreement or arrangement under subsection 56(1) or (2), if the agreement or arrangement so provides.
No disclosure without consent
(2) The Director shall not disclose the information that was provided to the Centre in confidence before having obtained the consent referred to in subsection (1).
2001, c. 41, s. 66
1873. Paragraph 54(a) of the Act is replaced by the following: (a) shall receive reports made under section 7, 7.1, 9, 12 or 20 or in accordance with a directive issued under Part 1.1, incomplete reports sent under subsection 14(5), reports referred to in section 9.1, information provided to the Centre by any agency of another country that has powers and duties similar to those of the Centre, information provided to the Centre by law enforcement agencies or government institutions or agencies, and other information voluntarily provided to
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2005, c. 38, s. 126(1); 2006, c. 12, s. 26(3)
1874. Paragraphs 55(3)(b) and (b.1) of the Act are replaced by the following: (b) the Canada Revenue Agency, if the Centre also has reasonable grounds to suspect that the information is relevant to an offence of obtaining or attempting to obtain a rebate, refund or credit to which a person or entity is not entitled, or of evading or attempting to evade paying taxes or duties imposed under an Act of Parliament administered by the Minister of National Revenue; (b.1) the Canada Border Services Agency, if the Centre also has reasonable grounds to suspect that the information is relevant to an offence of evading or attempting to evade paying taxes or duties imposed under an Act of Parliament administered by the Agency;
2001, c. 41, s. 69
1875. (1) Subparagraphs 58(1)(c)(ii) and (ii.1) of the Act are replaced by the following: (ii) the nature and extent of money laundering inside and outside Canada, (ii.1) the nature and extent of the financing of terrorist activities inside and outside Canada, and
2001, c. 41, s. 69
(2) Subparagraph 58(1)(c)(iii) of the English version of the Act is replaced by the following: (iii) measures that have been or might be taken to detect, prevent and deter money laundering and the financing of terrorist activities inside and outside Canada, and the effectiveness of those measures. 1876. The Act is amended by adding the following after section 58:
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Centre may disclose information to Minister
58.1 (1) The Centre may, at the request of the Minister, disclose information received or collected by the Centre under paragraph 54(a) or (b), or any analysis conducted by the Centre under paragraph 54(c), to authorities specified by the Minister for the purpose of assisting the Minister in carrying out the Minister’s powers and duties under Part 1.1.
Limitation
(2) Despite subsection (1), the Centre shall not disclose any information that would directly or indirectly identify any person or entity other than a foreign entity.
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1877. Subsection 73(1) of the Act is amended by adding the following after paragraph (y): (y.1) prescribing the measures to be taken for the purpose of paragraph 11.42(1)(a); (y.2) defining the expression “foreign entity” referred to in Part 1.1, section 53.2 and subsection 58.1(2); 2006, c. 12, s. 41
1878. (1) The portion of section 74 of the Act before paragraph (a) is replaced by the following:
General offences
74. (1) Every person or entity that knowingly contravenes any of sections 6, 6.1 and 9.1 to 9.3, subsection 9.4(2), sections 9.5 to 9.7, 11.1, 11.44, 11.45 and 11.6, subsections 12(1) and (4) and 36(1), section 37, subsections 55(1) and (2), section 57 and subsections 62(2), 63.1(2) and 64(3) or the regulations is guilty of an offence and liable (2) Section 74 of the Act is amended by adding the following after subsection (1):
Offence — contravention of a directive
(2) Every person or entity that knowingly contravenes section 11.43, except insofar as it relates to any required reporting measure as contemplated by paragraph 11.42(2)(e) and specified in a directive issued under subsection 11.42(1), is guilty of an offence and liable (a) on summary conviction, to a fine of not more than $50,000 or to imprisonment for a term of not more than six months, or to both; or
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(b) on conviction on indictment, to a fine of not more than $500,000 or to imprisonment for a term of not more than five years, or to both. 2001, c. 41, s. 74
1879. The portion of subsection 75(1) of the Act before paragraph (a) is replaced by the following:
Reporting and regulations — sections 7 and 7.1 and subsection 11.49(1)
75. (1) Every person or entity that knowingly contravenes section 7 or 7.1 or any regulation made under subsection 11.49(1) is guilty of an offence and liable 1880. Subsection 77(2) of the Act is replaced by the following:
Reporting — section 11.43
(2) Every person or entity that contravenes section 11.43, only insofar as it relates to any required reporting measure as contemplated by paragraph 11.42(2)(e) and specified in a directive issued under subsection 11.42(1), is guilty of an offence and liable on summary conviction to a fine of not more than $500,000 for a first offence and of not more than $1,000,000 for each subsequent offence.
Due diligence defence
(3) No person or entity shall be convicted of an offence under subsection (1) or (2) if they establish that they exercised due diligence to prevent its commission.
2006, c. 12, s. 44
1881. Section 81 of the Act is replaced by the following:
Time limitation
81. Proceedings under paragraph 74(1)(a), 74(2)(a), 75(1)(a) or 76(a), subsection 77(1) or (2), or paragraph 77.1(a) may be instituted within, but not after, five years after the time when the subject-matter of the proceedings arose. 1882. The Act is amended by replacing “Part 1” with “Part 1 or 1.1” in the following provisions: (a) the portion of subsection 62(1) before paragraph (a), paragraph 62(1)(a) and subsection 62(2); (b) paragraphs 63(2)(a) and (b); (c) section 63.1; and (d) section 65.
568 R.S., c. 18, Part 1 (3rd Supp.)
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CONSEQUENTIAL AMENDMENT TO THE OFFICE OF THE SUPERINTENDENT OF FINANCIAL INSTITUTIONS ACT
2004, c. 15, s. 97
1883. Subsection 22(1.1) of the Office of the Superintendent of Financial Institutions Act is replaced by the following:
Disclosure by Superintendent
(1.1) Despite subsection (1), subsections 606(1) and 636(1) of the Bank Act, subsection 435(1) of the Cooperative Credit Associations Act, subsection 672(1) of the Insurance Companies Act and subsection 503(1) of the Trust and Loan Companies Act, the Superintendent may disclose to the Financial Transactions and Reports Analysis Centre of Canada established by section 41 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act information relating to policies and procedures that financial institutions adopt to ensure their compliance with Parts 1 and 1.1 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act.
COMING INTO FORCE Order in council
1884. The provisions of this Part come into force on a day or days to be fixed by order of the Governor in Council. PART 15
R.S., c. C-10
CANADA POST CORPORATION ACT 1885. Section 15 of the Canada Post Corporation Act is amended by adding the following after subsection (2):
Letters to foreign addressees
(3) The exclusive privilege referred to in subsection 14(1) does not apply to letters intended for delivery to an addressee outside Canada.
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2010 PART 16 R.S., c. C-3
CANADA DEPOSIT INSURANCE CORPORATION ACT AMENDMENTS TO THE ACT 1886. Subsection 11(2) of the Canada Deposit Insurance Corporation Act is amended by adding the following after paragraph (f): (f.1) for the purpose of facilitating the Corporation’s exercise of its functions either under section 14 or in the event that an order is made under subsection 39.13(1), respecting the information that the Corporation can require from member institutions with respect to their deposit liabilities and the time within and manner in which it is to be provided to the Corporation; (f.2) respecting the capabilities that the Corporation can require member institutions to have to facilitate the Corporation’s exercise of its functions either under section 14 or in the event that an order is made under subsection 39.13(1), including the capability to (i) identify their deposit liabilities, and (ii) temporarily prevent withdrawals of deposit liabilities; 1887. Section 11 of the Act is amended by adding the following after subsection (2):
“Deposit liabilities”
2009, c. 2, s. 243(1)
(2.1) For the purposes of paragraphs (2)(f.1) and (f.2), “deposit liabilities” include deposits referred to in paragraphs 12(a) to (c) and liabilities referred to in subsections 2(2), (5) and (6) of the schedule. 1888. Paragraph 39.13(1)(c) of the Act is replaced by the following: (c) direct the Minister to incorporate a federal institution designated in the order as a bridge institution and specify the date and time as of which the federal member institution’s deposit liabilities are assumed.
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1889. Section 39.15 of the Act is amended by adding the following before subsection (8): Assignment of eligible financial contracts
(7.2) The Corporation may assign to a bridge institution eligible financial contracts — including any claim under such contracts — that are between a federal member institution and an entity or any of the following entities provided that the Corporation assigns all of those eligible financial contracts to the bridge institution: (a) another entity that is controlled — directly or indirectly — by the entity; (b) another entity that controls — directly or indirectly — the entity; or (c) another entity that is controlled — directly or indirectly — by the entity referred to in paragraph (b).
Assignment to bridge institution
(7.3) If the eligible financial contracts are assigned to a bridge institution, (a) the undertaking referred to in subsection (7.1) that is provided applies to all the eligible financial contracts that are assigned; and (b) the federal member institution’s interest or, in Quebec, right in property that secures its obligations under an eligible financial contract that is assigned is transferred to the bridge institution.
2007, c. 29, s. 103(1)
1890. The portion of subsection 39.15(9) of the Act before the definition “eligible financial contract” is replaced by the following:
Definitions
(9) The following definitions apply in this section. 1891. Subsection 39.202(1) of the Act is replaced by the following:
Deposit liabilities assumed
39.202 (1) A bridge institution shall assume a federal member institution’s deposit liabilities that are both insured by the Corporation and posted in the federal member institution’s records as of the date and time specified in the order referred to in paragraph 39.13(1)(c).
Interest
(1.1) Any interest accrued on the deposit liabilities referred to in subsection (1) is assumed by the bridge institution.
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2010 Deeming deposits or withdrawals not entered
(1.2) Any deposit or withdrawal that is made on or before that date and time but is not posted in the records of the federal member institution as of that date and time, and any deposit or withdrawal made after that date and time, are deemed to be deposited with or withdrawn from, as the case may be, the bridge institution.
Interest
(1.3) Any interest accruing on the deposits referred to in subsection (1.2) is owed by the bridge institution. 1892. The schedule to the Act is amended by replacing “(Section 2)” after the heading “SCHEDULE” with “(Sections 2 and 26.01 and subsection 11(2.1))”. COMING INTO FORCE
Subsection 245(7) of the Budget Implementation Act, 2009
1893. Sections 1889 and 1890 come into force on the day on which subsection 245(7) of the Budget Implementation Act, 2009 comes into force or, if it is later, on the day on which this Act receives royal assent. PART 17 FEDERAL CREDIT UNIONS
1991, c. 46
BANK ACT
2001, c. 9, s. 35(2)
1894. (1) The definitions “affairs”, “personal representative” and “special resolution” in section 2 of the Bank Act are replaced by the following:
“affairs” « affaires internes »
“personal representative” « représentant personnel »
“affairs”, with respect to a bank, an authorized foreign bank or a bank holding company, means the relationships among the bank, authorized foreign bank or bank holding company and its affiliates and the shareholders, members, directors and officers of the bank, authorized foreign bank or bank holding company and its affiliates, but does not include the business of the bank, authorized foreign bank or bank holding company or any of its affiliates; “personal representative” means a person who stands in place of and represents another person and, without limiting the generality of the foregoing, includes, as the circumstances require, a trustee, an executor, an administrator, a
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committee, a guardian, a tutor, a curator, an assignee, a receiver, an agent or an attorney of any person, but does not include a delegate; “special resolution” « résolution extraordinaire »
“special resolution” means a resolution passed by a majority of not less than two thirds of the votes cast in respect of that resolution or signed by all the persons who are entitled to vote on that resolution; (2) The definitions “détenteur” and “titre” ou “valeur mobilière” in section 2 of the French version of the Act are replaced by the following:
« détenteur » “holder”
« détenteur » L’actionnaire au sens de l’article 7, le membre visé à l’article 7.1 ou toute personne détenant un certificat de valeur mobilière délivré au porteur ou à son nom, ou endossé à son profit, ou encore en blanc.
« titre » ou « valeur mobilière » “security”
« titre » ou « valeur mobilière » Dans le cas d’une personne morale, action de toute catégorie ou titre de créance sur cette dernière, ainsi que le bon de souscription correspondant, mais à l’exclusion des dépôts effectués auprès d’une institution financière ou des documents les attestant ou des parts sociales; dans le cas de toute autre entité, les titres de participation ou titres de créance y afférents. (3) The definition “ordinary resolution” in section 2 of the English version of the Act is replaced by the following:
“ordinary resolution” « résolution ordinaire »
“ordinary resolution” means a resolution passed by a majority of the votes cast in respect of that resolution; (4) The definition “complainant” in section 2 of the Act is amended by striking out “or” at the end of paragraph (b), by adding “or” at the end of paragraph (c) and by adding the following after paragraph (c): (d) a member or a former member of a federal credit union; (5) The definition “recorded address” in section 2 of the Act is amended by striking out “and” at the end of paragraph (a) and by adding the following after that paragraph:
Emploi et croissa (a.1) in relation to a person who is a member of a federal credit union, the latest postal address of the person according to the members register, and (6) The definition “holder” in section 2 of the English version of the Act is amended by striking out “and” at the end of paragraph (a), by adding the word “and” at the end of paragraph (b) and by adding the following after paragraph (b): (c) in respect of the ownership of a membership share, the member who holds the membership share within the meaning of section 7.1; (7) Paragraph (a) of the definition “security” in section 2 of the English version of the Act is replaced by the following: (a) in relation to a body corporate, a share of any class of shares of the body corporate or a debt obligation of the body corporate, and includes a warrant of the body corporate, but does not include a deposit with a financial institution or any instrument evidencing such a deposit or, for greater certainty, a membership share, and (8) Section 2 of the Act is amended by adding the following in alphabetical order:
“delegate” « délégué »
“federal credit union” « coopérative de crédit fédérale »
“member” « membre »
“membership share” « parts sociales »
“members register” « registre des membres »
“delegate” means a natural person appointed or elected to represent a member of a federal credit union at a meeting of members; “federal credit union” means a bank that, within the meaning of section 12.1, is organized and carries on business on a cooperative basis; “member”, in relation to a federal credit union, means a person who is one of the members of the federal credit union in accordance with subsection 47.04(4); “membership share”, in relation to a federal credit union, means an ownership interest in the federal credit union that confers the rights referred to in subsection 79.1(1); “members register”, in relation to a federal credit union, means the register referred to in section 254.1;
574 “patronage allocation” « ristourne »
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“patronage allocation” means an amount that a federal credit union allocates among its members based on the business done by them with or through the federal credit union; (9) Section 2 of the English version of the Act is amended by adding the following in alphabetical order:
“share” Version anglaise seulement
“share” does not include a membership share; 1895. Section 2.3 of the Act is amended by adding the following after paragraph (a): (a.1) a federal credit union;
2005, c. 54, s. 2
1896. Subsections 2.4(2) and (3) of the Act are replaced by the following:
Exemption — bank or bank holding company
(2) On the application of a bank or bank holding company, the Superintendent may determine that it is not or was not a distributing bank or distributing bank holding company, as the case may be, if the Superintendent is satisfied that the determination would not prejudice any security holder of that bank or bank holding company or any holder of a membership share of that bank.
Exemption — class of banks or bank holding companies
(3) The Superintendent may determine that members of a class of banks or bank holding companies are not or were not distributing banks or distributing bank holding companies, as the case may be, if the Superintendent is satisfied that the determination would not prejudice any security holder of a member of the class or any holder of a membership share of a bank that is a member of the class.
1897. (1) Subsection 3(1) of the Act is amended by adding the following after paragraph (a): (a.1) a person controls a federal credit union if the person and all of the entities controlled by the person have the right to exercise more
Emploi et croissa than 50 per cent of the votes that may be cast at an annual meeting or to elect the majority of the directors of the federal credit union; (2) Section 3 of the Act is amended by adding the following after subsection (4):
Guidelines — federal credit union
(5) The Minister may, for any purpose of any provision of this Act that refers to control within the meaning of paragraph (1)(d), make guidelines respecting what constitutes such control of a federal credit union, including guidelines describing the policy objectives that the guidelines and the relevant provisions of the Act are intended to achieve and, if any such guidelines are made, the reference to paragraph (1)(d) in that provision is to be interpreted in accordance with the guidelines. 1898. The Act is amended by adding the following after section 7:
Holder of membership share
7.1 (1) For the purposes of this Act, a person is a holder of a membership share of a federal credit union if the person is the owner of one or more membership shares according to the federal credit union’s members register or is entitled to be entered in that register, or like record of the federal credit union, as the owner of one or more membership shares.
References to holding membership share
(2) A reference in this Act to the holding of a membership share by or in the name of any person is a reference to the fact that the person is registered or is entitled to be registered in a federal credit union’s members register, or like record of the federal credit union, as the holder of that membership share. 1899. (1) Section 8 of the Act is amended by adding the following after subsection (1):
Significant interest — membership shares
(1.1) A person has a significant interest in the membership shares of a federal credit union if the aggregate of membership shares beneficially owned by the person and membership shares beneficially owned by entities controlled by the person exceeds 10 per cent of all of the outstanding membership shares.
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(2) Section 8 of the Act is amended by adding the following after subsection (2): Increasing significant interest — membership shares
(3) A person who has a significant interest in the membership shares of a federal credit union increases that significant interest in the membership shares if the person or any entity controlled by the person acquires beneficial ownership of additional membership shares, or acquires control of any entity that beneficially owns membership shares, of the federal credit union in such number as to increase the percentage of membership shares that are beneficially owned by the person and by any entities controlled by the person.
1900. The Act is amended by adding the following after section 9: Acting in concert — members’ rights to vote
9.1 (1) For the purposes of Part VII, if two or more members have agreed, under any agreement, commitment or understanding, whether formal or informal, verbal or written, to act jointly or in concert in respect of the exercise of any right to vote at a meeting of members, those members are deemed to be a single member.
Exceptions
(2) For the purposes of this section, members are presumed not to have agreed to act jointly or in concert solely by reason of the fact that (a) their membership voting rights are vested in the same delegate or delegates; or (b) they exercise their membership voting rights in the same manner.
Designation
(3) If in the opinion of the Superintendent it is reasonable to conclude that an agreement, commitment or understanding referred to in subsection (1) exists by or among two or more members, the Superintendent may designate those members as members who have agreed to act jointly or in concert.
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Contravention
(4) A member contravenes a provision of Part VII if the member agrees to act jointly or in concert with one or more other members in such a manner that a deemed single member contravenes that provision.
Acting in concert — shareholders and members’ right to vote
9.2 (1) For the purposes of Part VII, if one or more members of a federal credit union and one or more shareholders of the federal credit union have agreed, under any agreement, commitment or understanding, whether formal or informal, verbal or written, to act jointly or in concert in respect of the exercise of their respective rights to vote, those persons are deemed to be a single person.
Exceptions
(2) For the purposes of this section, persons are presumed not to have agreed to act jointly or in concert solely by reason of the fact that (a) one or more of the members is the proxyholder of one or more of the shareholders; (b) one or more of the shareholders is a delegate of one or more of the members; or (c) they exercise their respective voting rights in the same manner.
Designation
(3) If in the opinion of the Superintendent it is reasonable to conclude that an agreement, commitment or understanding referred to in subsection (1) exists by or among one or more members and one or more shareholders, the Superintendent may designate those members and shareholders as persons who have agreed to act jointly or in concert.
Contravention
(4) A shareholder or a member contravenes a provision of Part VII if the shareholder or member agrees to act jointly or in concert with one or more other shareholders or members in such a manner that a deemed single person contravenes that provision. 1901. (1) Subsection 10(1) of the French version of the Act is replaced by the following:
Intérêt de groupe financier dans une personne morale
10. (1) Une personne a un intérêt de groupe financier dans une personne morale quand :
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a) elle-même et les entités qu’elle contrôle détiennent la propriété effective d’un nombre total d’actions comportant plus de dix pour cent des droits de vote attachés à l’ensemble des actions en circulation de celle-ci; b) elle-même et les entités qu’elle contrôle détiennent la propriété effective d’un nombre total d’actions représentant plus de vingt-cinq pour cent de l’avoir des actionnaires de celleci. (2) Subsection 10(1) of the Act is amended by striking out “or” at the end of paragraph (a), by adding “or” at the end of paragraph (b) and by adding the following after paragraph (b): (c) in the case of a body corporate that is a federal credit union, (i) the voting rights of the person and of entities controlled by the person exceed 10 per cent of the aggregate of the voting rights that may be exercised by members and shareholders, or (ii) the aggregate of any shares and membership shares of the federal credit union beneficially owned by the person and by any entities controlled by the person represents ownership of greater than 25 per cent of the members’ and shareholders’ equity of the federal credit union. (3) Section 10 of the Act is amended by adding the following after subsection (3): Increasing substantial investment in federal credit unions
(3.1) A person who has a substantial investment in a federal credit union under subparagraph (1)(c)(i) increases that substantial investment when the percentage of the voting rights of the person and of entities controlled by the person in relation to the aggregate of the voting rights that may be exercised by members and shareholders is increased for any reason.
Increasing substantial investment in federal credit unions
(3.2) A person who has a substantial investment in a federal credit union under subparagraph (1)(c)(ii) increases that substantial investment when
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(a) the person or any entity controlled by the person acquires beneficial ownership of additional shares or membership shares of the federal credit union in such number as to increase the percentage of the members’ and shareholders’ equity of the federal credit union represented by the aggregate of the shares and membership shares beneficially owned by the person and by entities controlled by the person; or (b) the person or any entity controlled by the person acquires control of any entity that beneficially owns shares or membership shares of the federal credit union in such number as to increase the percentage of the members’ and shareholders’ equity of the federal credit union represented by the aggregate of the shares and membership shares beneficially owned by the person and by entities controlled by the person. (4) Section 10 of the Act is amended by adding the following after subsection (4): New substantial investment — federal credit union
(4.1) For greater certainty, (a) if a person has a substantial investment in a federal credit union under subparagraph (1) (c)(i) and the person, or any entity controlled by the person, purchases or otherwise acquires beneficial ownership of shares or membership shares of the federal credit union or acquires control of any entity that beneficially owns shares or membership shares of the federal credit union, the acquisition is deemed to cause the person to increase a substantial investment in the federal credit union if the percentage of the members’ and shareholders’ equity of the federal credit union represented by the aggregate of the shares and membership shares of the federal credit union beneficially owned by the person and by any entities controlled by the person exceeds 25 per cent of the members’ and shareholders’ equity of the federal credit union; or (b) if a person has a substantial investment in a federal credit union under subparagraph (1)(c)(ii) and the person or any entity controlled by the person acquires voting
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rights in the federal credit union — or acquires control of any entity that has voting rights in the federal credit union — in such number that the percentage of the voting rights of the person and entities controlled by the person exceeds 10 per cent of the aggregate of the voting rights of the members and shareholders of the federal credit union, the acquisition is deemed to cause the person to increase a substantial investment in the federal credit union. 1902. The Act is amended by adding the following after section 12: Cooperative basis
12.1 (1) For the purposes of this Act, a federal credit union is organized and carries on business on a cooperative basis if (a) a majority of its members are natural persons; (b) it provides financial services primarily to its members; (c) membership in the federal credit union is wholly or primarily open, in a non-discriminatory manner, to persons who can use the services of the federal credit union and who are willing and able to accept the responsibilities of membership; (d) each member has only one vote; (e) a delegate has only one vote even though the delegate is a member or represents more than one member; (f) dividends on any membership share are limited to the maximum percentage fixed in the federal credit union’s letters patent or bylaws; and (g) surplus funds arising from the federal credit union’s operations are used (i) to provide for the financial stability of the federal credit union, (ii) to develop its business, (iii) to provide or improve common services to members, (iv) to provide for reserves or dividends on membership shares and shares,
Emploi et croissa (v) for community welfare or the propagation of cooperative enterprises, or (vi) as a distribution to its members as a patronage allocation.
Restrictions
(2) Paragraph (1)(c) is subject to any restrictions in the by-laws of the federal credit union on the classes of persons to which membership may be available, as long as the restrictions are consistent with applicable laws with respect to human rights.
Member who is shareholder
12.2 For greater certainty, a member of a federal credit union who is also a shareholder of the federal credit union may exercise the rights given to a shareholder by this Act for all shares held by the member. 1903. Section 18 of the Act is renumbered as subsection 18(1) and is amended by adding the following:
No personal liability — federal credit unions
(2) The members of a federal credit union are not, as members, liable for any liability, act or default of the federal credit union except as otherwise provided by this Act. 1904. Section 22 of the Act is replaced by the following:
Incorporation of bank
22. (1) On the application of one or more persons made in accordance with this Act, the Minister may, subject to this Part, issue letters patent incorporating a bank, other than a federal credit union.
Incorporation of federal credit union
(2) On the application of five or more persons, a majority of whom are natural persons, made in accordance with this Act, the Minister may, subject to this Part, issue letters patent incorporating a federal credit union.
2001, c. 9, s. 47
1905. Section 27 of the Act is amended by striking out “and” at the end of paragraph (g) and by replacing paragraph (h) with the following:
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(h) if the bank will be a federal credit union, that it will be organized and carry on business on a cooperative basis in accordance with section 12.1; and (i) the best interests of the financial system in Canada including, if the bank will be a federal credit union, the best interests of the cooperative financial system in Canada. 1906. Subsection 28(1) of the Act is amended by adding the following after paragraph (a): (a.1) in the case of a bank that is to be a federal credit union, a statement that it is a federal credit union; 1907. The Act is amended by adding the following after section 31: First members of federal credit union
31.1 The incorporators of a federal credit union are deemed to be its first members. 1908. Section 33 of the Act is amended by adding the following after subsection (2):
Continuance for the purpose of amalgamation
(3) A local cooperative credit society may, if so authorized by the laws of the jurisdiction in which it is incorporated, apply to the Minister for letters patent continuing it as a federal credit union if it proposes to be continued under this Act for the purpose of amalgamating with another federal credit union in compliance with this Act. 1909. Subsections 34(1) and (2) of the Act are replaced by the following:
Application for continuance
34. (1) If a body corporate applies for letters patent under section 33, sections 23 to 27 apply in respect of the application, with any modifications that the circumstances require.
Special resolution approval
(2) If a body corporate applies for letters patent under section 33, the application must be duly authorized by a special resolution. 1910. Subsection 35(1) of the English version of the Act is replaced by the following:
2010 Power to issue letters patent
Emploi et croissa 35. (1) On the application of a body corporate under section 33, the Minister may, subject to this Part, issue letters patent continuing the body corporate as a bank under this Act. 1911. The Act is amended by adding the following after section 35:
Power to issue letters patent
35.1 (1) On the application of a local cooperative credit society under subsection 33(2), the Minister may, subject to this Part, issue letters patent continuing the local cooperative credit society as a federal credit union only if the Minister is of the opinion that the local cooperative credit society has complied with the regulations respecting notice and disclosure requirements.
Power to issue letters patent
(2) On the application of a local cooperative credit society under subsection 33(3), the Minister may, subject to this Part, issue letters patent continuing the local cooperative credit society as a federal credit union only if the Minister is of the opinion that (a) the local cooperative credit society has complied with the regulations respecting notice and disclosure requirements; and (b) the federal credit union that results from the amalgamation will satisfy the requirements for incorporation as a federal credit union.
Regulations
(3) The Governor in Council may make regulations respecting notice and disclosure requirements for the purpose of subsections (1) and (2). 1912. The portion of section 36 of the English version of the Act before paragraph (a) is replaced by the following:
Effect of letters patent
36. On the day set out in the letters patent continuing a body corporate as a bank, 1913. Section 38 of the Act is renumbered as subsection 38(1) and is amended by adding the following:
Membership shares
(2) In addition, if the body corporate is continued as a federal credit union, (a) in the case of a body corporate with common shares,
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(i) its common shares are deemed to be membership shares to which are attached the rights, privileges and restrictions set out in this Act, (ii) the holders of those common shares are deemed to be the members of the federal credit union, and (iii) any agreement made before continuance under which the holders of any common shares of the body corporate have agreed to vote those shares in a manner provided in the agreement is of no effect; and (b) in the case of a body corporate that has members, (i) the membership shares, however designated, of the body corporate are deemed to be membership shares of the federal credit union to which are attached the rights, privileges and restrictions set out in this Act, (ii) the members of the body corporate are deemed to be the members of the federal credit union, and (iii) any agreement made before continuance under which the members of the body corporate have agreed to vote in a manner provided in the agreement is of no effect.
1914. Paragraph 39(2)(a) of the Act is replaced by the following: (a) with respect to any activity described in paragraph (1)(a), 30 days after the date of issue of the letters patent or (i) if the activity is conducted under an agreement existing on the date of issue of the letters patent, the expiry of the agreement, or (ii) if the bank is a federal credit union and an undertaking to cease engaging in the activity has been given under subsection 973.02(1), the cessation date set out in the undertaking in respect of the activity;
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2007, c. 6, s. 6
1915. The portion of subsection 39.1(1) of the Act before paragraph (a) is replaced by the following:
Transferring to other federal Acts — banks
39.1 (1) A bank that is not a federal credit union may
2007, c. 6, s. 6
1916. Section 39.2 of the Act is replaced by the following:
Transferring to other federal Acts — federal credit union
39.2 (1) A federal credit union may (a) apply, with the approval in writing of the Minister, under the Canada Cooperatives Act for a certificate of continuance, or a certificate of continuance and a certificate of amalgamation, as a cooperative under that Act; or (b) apply under the Cooperative Credit Associations Act for letters patent continuing the federal credit union as an association under that Act or amalgamating and continuing the federal credit union as an association under that Act.
Conditions for approval
(2) The approval referred to in paragraph (1)(a) may be given only if the Minister is satisfied that (a) the federal credit union has published, once a week for four consecutive weeks in the Canada Gazette and in a newspaper in general circulation at or near the place where its head office is situated, a notice of its intention to apply for the approval; (b) the application has been authorized by a special resolution of the members and, if the federal credit union has issued shares, by a separate special resolution of the shareholders of each class of shares; and (c) the federal credit union does not hold deposits.
All shares have right to vote
(3) For the purpose of paragraph (2)(b), each share carries the right to vote in respect of the special resolution, whether or not it otherwise carries the right to vote in respect of any other matter.
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Restriction on other transfers
(4) A federal credit union may not apply to be continued, or to be amalgamated and continued, as the case may be, as a body corporate other than one referred to in subsection (1).
Act ceases to apply
39.3 If a bank applies for a certificate or letters patent referred to in section 39.1 or 39.2 in accordance with that section and the certificate is given or the letters patent are issued, this Act ceases to apply to the bank as of the day on which the certificate or the letters patent take effect.
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1917. Section 40 of the Act is amended by striking out “or” at the end of paragraph (d) and by adding the following after paragraph (e): (f) that includes the phrase “credit union” or “coopérative de crédit”, or any abbreviation, combination or derivative of those phrases, unless it is to be a federal credit union and its name also includes the word “bank”, “banque”, “federal” or “fédérale” in conjunction with those phrases; or (g) that includes the words “cooperative” or “coopérative”, or any abbreviation, combination or derivative of those words, unless it is to be a federal credit union and its name also includes the word “bank”, “banque”, “federal” or “fédérale” in conjunction with those words. 1918. The Act is amended by adding the following after section 40: Name of federal credit union
40.1 Despite any other Act, but subject to paragraphs 40(f) and (g), a bank may be incorporated or formed under this Act with the words “credit union” “coopérative de crédit”, “cooperative” or “coopérative”, or any abbreviation, combination or derivative of those words, in its name, but only if it will be a federal credit union.
1996, c. 6, s. 2
1919. Subsection 42(4) of the Act is replaced by the following:
Directions
(4) If a bank is carrying on business under or identifying itself by a name other than its corporate name, the Superintendent may, by order, direct the bank not to use that other name
Emploi et croissa if the Superintendent is of the opinion that that other name is a name referred to in any of paragraphs 40(a) to (g). 1920. The Act is amended by adding the following after the heading “ORGANIZATION MEETINGS” before section 45: Banks Other Than Federal Credit Unions 1921. The portion of subsection 45(1) of the Act before paragraph (a) is replaced by the following:
First directors’ meeting
45. (1) After letters patent incorporating a bank that is not a federal credit union are issued, a meeting of the directors of the bank must be held at which the directors may, subject to this Part,
2001, c. 9, s. 54
1922. Subsection 46(1) of the Act is replaced by the following:
Calling shareholders’ meeting
46. (1) If at least five million dollars, or any greater amount that the Minister may specify, has been received by a bank in respect of which letters patent were issued under subsection 22(1) from the issue of its shares, the directors of the bank must without delay call a meeting of the shareholders of the bank. 1923. Section 47 of the French version of the Act is replaced by the following:
Mandat des premiers administrateurs
47. Le mandat des administrateurs désignés dans la demande de constitution expire à l’élection des administrateurs lors de la première assemblée des actionnaires convoquée en vertu du paragraphe 46(1). 1924. The Act is amended by adding the following after section 47: Federal Credit Unions Meeting of First Directors
Organizational meeting
47.01 (1) After letters patent incorporating a federal credit union are issued, a meeting of its first directors must be held at which the first directors may, subject to this Part,
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(a) adopt forms of certificates for membership shares, forms of share certificates and forms of corporate records; (b) admit persons to membership in the federal credit union and issue or authorize the issuance of membership shares; (c) authorize the issue of shares of the federal credit union; (d) appoint officers; (e) appoint, under subsection 314(1), an auditor or auditors to hold office until the first meeting of members; (f) make banking arrangements; and (g) deal with any other matters necessary to organize the federal credit union. Calling directors’ meeting
(2) A first director may call the meeting referred to in subsection (1) by giving, subject to subsection 181(2), the other directors notice of the time and place of the meeting no fewer than five days before the meeting. First Meeting of Members
Calling members’ meeting
Meeting of members
47.02 (1) If at least five million dollars, or any greater amount that the Minister may specify, has been received by a federal credit union in respect of which letters patent were issued under subsection 22(2) from the issue of its membership shares and shares, the directors of the federal credit union must, without delay, call a meeting of the members of the federal credit union. (2) At the meeting, the members must (a) make by-laws; (b) elect directors in accordance with this Act and the federal credit union’s by-laws; and (c) appoint an auditor or auditors to hold office until the close of the first annual meeting of the federal credit union.
Term of office of first directors
(3) The term of office of the first directors ends at the close of the meeting referred to in subsection (1).
Emploi et croissa MEMBERSHIP IN A FEDERAL CREDIT UNION Conditions of Membership
Membership governed by bylaws
47.03 (1) Subject to the provisions of this Act, membership in a federal credit union is governed by its by-laws.
Minimum membership shares required
(2) To be a member of a federal credit union, a person must acquire and hold the minimum number of membership shares required under the federal credit union’s by-laws.
Member who ceases to hold the minimum
(3) Subject to any limitations in the federal credit union’s by-laws, including limitations on the rights members may exercise, a member of a federal credit union who ceases to hold enough membership shares to be a member continues to be a member of the federal credit union for the purposes of this Act.
Ground for expulsion
(4) For greater certainty, subsection (3) does not prevent holding fewer than the minimum number of membership shares from being set out in the federal credit union’s by-laws as a ground for expulsion under subsection 47.06(1) or section 47.09.
Subscription deemed application
47.04 (1) A subscription for the number of membership shares in a federal credit union required by the federal credit union’s by-laws for membership constitutes an application for membership and the issue of a membership share to the applicant constitutes admission to membership.
Approval required
(2) Subject to subsection (1), a person becomes a member of a federal credit union when the person’s application for membership is approved by the directors or an employee authorized by the federal credit union and the applicant has complied fully with the federal credit union’s by-laws governing admission of members. Withdrawal and Termination
Withdrawal of membership
47.05 (1) A member of a federal credit union may withdraw from the federal credit union at any time by giving notice in accordance with the by-laws.
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Deemed notice
(2) A deceased member is deemed to have given notice to the federal credit union of their intention to withdraw on the day of their death.
Rights of withdrawing member
(3) The by-laws of a federal credit union must set out the rights of a withdrawing member.
Expulsion
47.06 (1) A member of a federal credit union may be expelled from membership, in accordance with the by-laws, by a resolution of the directors on the grounds set out in the bylaws.
Member’s rights relating to expulsion
(2) The by-laws of a federal credit union must set out the rights of members who are expelled under subsection (1), and those rights must include
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(a) the right of a member to receive advance notice of any meeting of the directors at which the board will consider a resolution to expel the member; (b) the right of a member not to be expelled without being given an opportunity to make representations on the matter at the meeting of the directors; (c) the right of an expelled member to appeal the decision of the directors at the next meeting of the members; and (d) the right of the expelled member to be reinstated as a member of the federal credit union if, at the next meeting of the members, the members, by ordinary resolution, set aside the directors’ resolution. Procedures to be set out in bylaws
(3) The by-laws of a federal credit union must set out (a) the procedures to be followed by the directors to provide the advance notice referred to in paragraph (2)(a); and (b) the procedures to be followed relating to the appeal referred to in paragraph (2)(c).
Notice of decision
(4) If the directors pass a resolution expelling a member under subsection (1), the federal credit union must, within five days after the passing of the resolution, notify the member of
Emploi et croissa the directors’ decision by registered letter addressed to the member at the member’s recorded address.
Inactivity
47.07 No by-law may provide for the expulsion of a member by reason only of inactivity of the member in relation to the business or affairs of the federal credit union.
Redemption
47.08 No by-law governing the withdrawal of a member from membership or the termination of the membership of a member may authorize a redemption of membership shares in contravention of section 485.
Termination by members
47.09 Unless the by-laws provide otherwise, the membership of a member may be terminated by a special resolution of the members. Section 47.06 applies, with any modifications that the circumstances require, to a termination by the members.
Winding-up proceedings in respect of member
47.1 Despite subsection 47.06(1), a federal credit union may, by written notice to a member, terminate the membership if the member is a body corporate and winding-up proceedings have commenced with respect to it. GENERAL PROVISIONS — FEDERAL CREDIT UNIONS
Prohibition
47.11 An entity must not become a member of a federal credit union if, as a result of becoming a member, the majority of the members of the federal credit union would not be natural persons.
Provision of services
47.12 A federal credit union must provide its services primarily to its members.
Right to vote
47.13 Each member of a federal credit union has only one vote on all matters to be decided by the members.
Members under 18
47.14 Subject to the by-laws, a person less than 18 years of age may be admitted to membership in a federal credit union and may vote at meetings of the federal credit union.
Membership not transferable
47.15 No transfer of a membership is valid for any purpose.
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Reinstatement — section 47.06
47.16 (1) A person whose membership has been terminated under section 47.06 may be reinstated as a member of the federal credit union only by ordinary resolution of the members.
Reinstatement — section 47.09
(2) A person whose membership has been terminated under section 47.09 may be reinstated as a member of the federal credit union only by special resolution of the members.
Transfer of membership shares
47.17 No transfer of membership shares in a federal credit union is valid unless the transfer is approved by resolution of the directors.
Obligation to have at least five members
47.18 (1) A federal credit union must ensure that at all times it has at least five members.
Membership too low
(2) If the membership of a federal credit union is reduced to fewer than five members, the federal credit union must, without delay, take the steps that are necessary to
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(a) make an application referred to in subsection 39.2(1) or section 216.08; or (b) liquidate and dissolve the federal credit union under Part VI. Exemption
47.19 The Minister may, subject to any terms and conditions that the Minister considers appropriate, exempt any entity or federal credit union from the application of sections 47.11, 47.12 and 47.18. 1925. (1) The portion of section 50 of the Act before paragraph (a) is replaced by the following:
No payments before order
50. Until an order approving the commencement and carrying on of business is made for a bank, the bank must not make any payment on account of incorporation or organization expenses out of moneys received from the issue of the shares or the membership shares of the bank and interest on those moneys, except reasonable sums (2) Paragraph 50(b) of the Act is replaced by the following: (b) for the payment of costs related to the issue of shares, or membership shares, of the bank; and
2010 2001, c. 9, s. 56
Emploi et croissa 1926. Paragraphs 52(1)(a) and (b) of the Act are replaced by the following: (a) the meeting of shareholders of the bank referred to in subsection 46(1), or, in the case of a federal credit union, the meeting of members referred to in subsection 47.02(1), has been duly held; (b) the bank has paid-in capital of at least five million dollars or any greater amount that is specified by the Minister under subsection 46(1) or 47.02(1); 1927. Section 53 of the Act is renumbered as subsection 53(1) and is amended by adding the following:
Deemed condition
(2) An order approving the commencement and carrying on of business by a federal credit union is deemed to contain a condition that the federal credit union must, on an ongoing basis, be organized and carry on business on a cooperative basis in accordance with section 12.1. 1928. Paragraph 54(1)(b) of the Act is replaced by the following: (b) amend or revoke any authorization contained in the order or any condition or limitation to which the order is subject, other than the condition deemed to be in the order by subsection 53(2), 1929. Subsections 58(2) to (5) of the Act are replaced by the following:
Application to court to settle disbursements
(2) If the amount allowed by a special resolution for the payment of any incorporation and organization expenses referred to in subsection (1) is considered insufficient by the directors or if no special resolution for the payment of such expenses is passed, the directors may apply to any court having jurisdiction in the place where the head office of the bank is situated to settle and determine the amounts to be paid out of any moneys of the bank before distribution of the balance to (a) if the bank is not a federal credit union, the shareholders or, if there are no shareholders, to the incorporators; or (b) if the bank is a federal credit union, its members.
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Notice of application to court
(3) The directors must, at least 21 days before the date fixed for the hearing of the application referred to in subsection (2), send to the shareholders, incorporators or members, as the case may be, a notice of the application, containing a statement of the amounts that are proposed to be settled and determined by the court.
Ratio payable
(4) In order that the amounts paid and payable under this section may be equitably borne by the shareholders, incorporators or members, as the case may be, the directors must, after the amounts of the payments have been approved by special resolution or settled and determined by a court, fix the proportionate part of the amounts chargeable to each shareholder, incorporator or member as the ratio of the amount paid in by that person to the aggregate of all the amounts paid in by the shareholders, incorporators or members.
Return of excess
(5) After the amounts referred to in this section have been paid, the directors shall pay, with any interest earned, to the shareholders, incorporators or members, the respective balances of the moneys paid in by them, less the amount chargeable to each under subsection (4).
Jobs and Econ
1930. The portion of subsection 60(1) of the Act before paragraph (a) is replaced by the following: Common shares
60. (1) A bank that is not a federal credit union must have one class of shares, to be designated as “common shares”, which are nonredeemable and in which the rights of the holders of those common shares are equal in all respects, and those rights include 1931. The Act is amended by adding the following after section 60:
Shares of federal credit union
60.1 (1) A federal credit union may issue shares only if its by-laws set out the following: (a) whether the shares may be issued to persons who are not members; (b) the maximum number, if any, of shares of any class that the federal credit union is authorized to issue; (c) the number of classes of shares; and
Emploi et croissa (d) the rights, privileges, restrictions and conditions attaching to the shares of each class.
No automatic rights
(2) Subject to this Act, a federal credit union must not issue any share that confers on the holder of the share the right (a) to vote at meetings of the federal credit union otherwise than in accordance with this Act; or (b) to receive any of the remaining property of the federal credit union on dissolution.
Exception
(3) A federal credit union’s by-laws may provide that (a) a share confers on its holder the right to vote at an election of directors by reason of an event that has occurred and is continuing or by reason of a condition that has been fulfilled; or (b) the shareholders, any class of shareholders or the holders of a series of shares, may elect a fixed number or a percentage of the directors.
Limit on shareholders’ directors
(4) Despite subsections (2) and (3), the shareholders do not have the right to elect more than 20 per cent of the directors.
One share, one vote
(5) If shareholders are entitled to vote in accordance with subsection (3) or otherwise in accordance with this Act, each share entitles the holder to one vote.
Designation of shares
60.2 A federal credit union must not designate a class of its shares as “membership shares” or any variation of those words. 1932. The portion of subsection 61(1) of the Act before paragraph (a) is replaced by the following:
Classes of shares
61. (1) The by-laws of a bank that is not a federal credit union may provide for more than one class of shares and, if they so provide, they must set out
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1933. Section 62 of the Act is amended by adding the following after subsection (1): Effective date
(1.1) In the case of a federal credit union, a by-law referred to in subsection (1) must be made by special resolution of the members. If the federal credit union has issued shares, the by-law is not effective until it is confirmed by a separate special resolution of the shareholders, the class of shareholders or the holders of the series of shares that is affected by the by-law.
1934. (1) Subsection 66(2) of the Act is replaced by the following: Stated capital account — membership shares
(1.1) A federal credit union must also maintain a stated capital account for the membership shares it issues.
Addition to stated capital account
(2) A bank must record in the appropriate stated capital account the full amount of any consideration it receives for any shares or membership shares it issues.
1997, c. 15, s. 7
(2) Subsection 66(4) of the Act is replaced by the following:
Exception
(3.1) Despite subsection (2), a federal credit union may, subject to subsection (4), record in the stated capital account maintained for its membership shares any part of the consideration it receives in an exchange if it issues membership shares (a) in exchange for (i) property of a person who immediately before the exchange did not deal with the federal credit union at arm’s length within the meaning of that expression in the Income Tax Act, (ii) shares of or another interest in a body corporate that immediately before the exchange or because of it did not deal with the federal credit union at arm’s length within the meaning of that expression in the Income Tax Act, or (iii) property of a person who immediately before the exchange dealt with the federal credit union at arm’s length within the
Emploi et croissa meaning of that expression in the Income Tax Act if the person, the federal credit union and all of the holders of the membership shares so issued consent to the exchange; (b) under an agreement referred to in subsection 224(1); or (c) to shareholders of an amalgamating body corporate who receive the membership shares in addition to or instead of securities of the amalgamated bank.
Limit on addition to a stated capital account
(4) On the issuance of a share or membership share, a bank must not add to the appropriate stated capital account an amount greater than the amount of the consideration it receives for the share or membership share. (3) Section 66 of the Act is amended by adding the following after subsection (5):
Constraint — federal credit union
(6) If the bank referred to in subsection (5) is a federal credit union, the addition must be approved by special resolution of the members and by a separate special resolution of the shareholders, the class of shareholders or the holders of the series of shares that is affected by the special resolution, unless all the issued and outstanding shares are of not more than two classes of convertible shares referred to in subsection 77(4).
1935. (1) Subsection 67(1) of the Act is replaced by the following: Stated capital of continued bank
67. (1) If a body corporate is continued as a bank under this Act, the bank must record in the stated capital account maintained for each class and series of shares, or for other ownership interests, however designated, then outstanding an amount that is equal to the aggregate of (a) the aggregate amount paid up on the shares of each class and series of shares, or on the other ownership interests, immediately before the body corporate was so continued, and
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(b) the amount of the contributed surplus of the bank that is attributable to those shares or other ownership interests. (2) Subsection 67(3) of the Act is replaced by the following: Shares issued before continuance
(3) Any amount unpaid in respect of a share or other ownership interest, however designated, in the body corporate, that was issued by a body corporate before it was continued as a bank under this Act and paid after it was so continued must be recorded in the stated capital account maintained by the bank for the shares of that class or series or for membership shares. 1936. Section 70 of the Act is amended by striking out “or” at the end of paragraph (c) and by adding the following after that paragraph: (c.1) if the bank is a federal credit union, permit any of its subsidiaries to hold any membership shares of the federal credit union, other than the minimum number of membership shares required by the by-laws of the federal credit union to qualify for membership in it, if any; or 1937. Section 71 of the Act is replaced by the following:
Purchase and redemption of shares and membership shares
71. (1) Subject to subsection (2) and to its by-laws, a bank may, with the consent of the Superintendent, purchase, for the purpose of cancellation, any shares or membership shares issued by it, or redeem any redeemable shares or membership shares issued by it at prices not exceeding the redemption price for the shares or membership shares calculated according to a formula stated in its by-laws or the conditions attaching to the shares or membership shares.
Restrictions on purchase and redemption
(2) A bank must not make any payment to purchase or redeem any shares or membership shares issued by it if there are reasonable grounds for believing that the bank is, or the payment would cause the bank to be, in contravention of any regulation referred to in subsection 485(1) or (2) or any direction made under subsection 485(3).
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Donated shares and membership shares
(3) A bank may accept from any shareholder or member a share or membership share, as the case may be, of the bank surrendered to it as a gift, but may not extinguish or reduce a liability in respect of an amount unpaid on any such share or membership share except in accordance with section 75.
2005, c. 54, s. 10(F)
1938. Subsection 72(1) of the Act is replaced by the following:
Holding as personal representative
72. (1) A bank may, and may permit its subsidiaries to, hold, in the capacity of a personal representative, shares of the bank — or, if the bank is a federal credit union, membership shares of the federal credit union — or of any body corporate that controls the bank or ownership interests in any unincorporated entity that controls the bank, but only if the bank or the subsidiary does not have a beneficial interest in the shares, membership shares or ownership interests. 1939. Subsection 73(1) of the Act is replaced by the following:
Cancellation of shares and membership shares
73. (1) Subject to subsection (2), if a bank purchases shares of the bank or fractions of shares, or membership shares of the bank, or redeems or otherwise acquires shares or membership shares of the bank, the bank must cancel those shares or membership shares. 1940. (1) Subsection 75(1) of the Act is replaced by the following:
Reduction of capital
75. (1) The stated capital of a bank that is not a federal credit union may be reduced by special resolution.
Reduction of capital — federal credit unions
(1.1) The stated capital of a federal credit union may be reduced by special resolution of its members and, if it has issued shares, by a separate special resolution of the shareholders, the class of shareholders or the holders of the series of shares that is affected by the special resolution.
2007, c. 6, s. 10
(2) Paragraph 75(4.1)(b) of the Act is replaced by the following: (b) there is to be no return of capital to shareholders or members, as the case may be, as a result of the reduction.
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(2) Paragraphs 75(6)(a) and (b) of the Act are replaced by the following: (a) the number of the bank’s shares or membership shares, as the case may be, issued and outstanding, (b) the results of the voting, 1941. Subsections 76(1) and (2) of the Act are replaced by the following: Recovery by action
76. (1) If any money or property was paid or distributed to a shareholder, member or other person as a consequence of a reduction of capital made contrary to section 75, a creditor of the bank may apply to a court for an order compelling the shareholder, member or other person to pay the money or deliver the property to the bank.
Shares and membership shares held by personal representative
(2) No person holding shares or membership shares in the capacity of a personal representative and registered on the records of the bank as a shareholder or member and described in those records as the personal representative of a named person is personally liable under subsection (1), but the named person is subject to all the liabilities imposed by that subsection. 1942. (1) Subsection 77(1) of the Act is replaced by the following:
Adjustment of stated capital account
77. (1) On a purchase, redemption or other acquisition by a bank of shares or fractions of shares, or of membership shares, issued by it, other than shares or membership shares acquired under section 72 or acquired through the realization of security and sold under subsection 73(2), the bank must deduct from the stated capital account maintained for the class or series of shares, or for the membership shares, as the case may be, so purchased, redeemed or otherwise acquired an amount equal to the result obtained by multiplying the stated capital in respect of the shares of that class or series, or in respect of the membership shares, as the case may be, by the number of shares of that class or series, or the number of membership shares, as the case may be, so purchased, redeemed or otherwise acquired and dividing by the number of shares of that class or series, or the number of
Emploi et croissa membership shares, as the case may be, outstanding immediately before the purchase, redemption or other acquisition. (2) Subsection 77(5) of the Act is replaced by the following:
Conversion or change of shares
(5) Shares issued by a bank and converted into shares of another class or series, or changed under subsection 192.03(1) or 217(1) into shares of another class or series, become issued shares of the class or series of shares into which the shares have been converted or changed. 1943. Section 78 of the Act is replaced by the following:
Addition to stated capital account
78. On a conversion of any debt obligation of a bank into shares of a class or series of shares, or into membership shares, the bank must (a) deduct from the liabilities of the bank the nominal value of the debt obligation being converted; and (b) record the result obtained under paragraph (a) and any additional consideration received for the conversion in the stated capital account maintained or to be maintained for the class or series of shares, or for the membership shares, as the case may be, into which the debt obligation has been converted.
2007, c. 6, s. 11(1)
1944. (1) Subsection 79(1) of the Act is replaced by the following:
Declaration of dividend or patronage allocation
79. (1) The directors of a bank may declare and a bank may pay a dividend or patronage allocation by issuing fully paid shares or, subject to subsection 79.2(1), membership shares of the bank or options or rights to acquire fully paid shares or membership shares of the bank and, subject to subsection (4), the directors of a bank may declare and a bank may pay a dividend or patronage allocation in money or property, and if a dividend or patronage allocation is to be paid in money, the dividend may be paid in a currency other than the currency of Canada. (2) Subsections 79(3) and (4) of the Act are replaced by the following:
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Stated capital account
(3) If shares or membership shares of a bank are issued in payment of a dividend or patronage allocation, the bank must record in the stated capital account maintained or to be maintained for the shares of the class or series, or for the membership shares, issued in payment of the dividend or patronage allocation the declared amount of the dividend or patronage allocation stated as an amount of money.
When dividend or patronage allocation not to be declared
(4) The directors of a bank must not declare and a bank must not pay a dividend or patronage allocation if there are reasonable grounds for believing that the bank is, or the payment would cause the bank to be, in contravention of any regulation referred to in subsection 485(1) or (2) or any direction made under subsection 485(3).
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1945. The Act is amended by adding the following after section 79: MEMBERSHIP CAPITAL Membership shares
79.1 (1) A federal credit union may have only one class of membership shares in which the rights of their holders are equal in all respects, and those rights include the right to receive (a) dividends declared on those membership shares; and (b) the remaining property of the federal credit union on dissolution.
Consideration for membership share
(2) No membership share of a federal credit union is to be issued until it is fully paid for in money or, with the approval of the Superintendent, in property.
Other currencies
(3) When issuing membership shares, a federal credit union may provide that any aspect of the membership shares relating to money or involving the payment of or the liability to pay money be in a currency other than the currency of Canada.
Membership shares
79.2 (1) Membership shares may be held only by members.
No right to vote
(2) The right to vote attaches to membership and not to a membership share.
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Preferences, rights, etc.
(3) A federal credit union’s letters patent or by-laws may not include any preference, right, condition, restriction, limitation or prohibition on membership shares, except as provided for by this Act.
Issue of certificates
79.3 (1) The by-laws of a federal credit union may provide that no membership share certificates need be issued and, if they so provide, the federal credit union must, on the request of a member, issue a statement of the number of membership shares held by the member.
Certificates
(2) The face of each certificate that the federal credit union issues in respect of membership shares must contain (a) the name of the federal credit union; (b) a statement that the federal credit union is subject to this Act; (c) the name of the person to whom it is issued; (d) a statement that the certificate represents membership shares in the federal credit union, and the number of the membership shares represented by the certificate; (e) a statement that the certificate is transferable only in accordance with this Act; and (f) a statement that there is a charge on the membership shares represented by the certificate in favour of the federal credit union for any indebtedness of the member to the federal credit union.
Authorized capital
79.4 The membership shares of a federal credit union must be issued with no par value, and its by-laws must specify any limit on the number of membership shares and set out the formula to be used to determine the value of the membership shares.
Membership shares nonassessable
79.5 Membership shares issued by a federal credit union are non-assessable, and their holders are not liable to the federal credit union or to its creditors in respect of those membership shares.
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Continued body corporate
79.6 A body corporate that is continued as a federal credit union under this Act and that is not in compliance with section 79.1 on the date letters patent continuing it as a federal credit union are issued must, within 12 months after that date, redesignate a class of its shares to comply with that section.
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1946. The portion of the definition “security” or “security certificate” in section 81 of the Act after paragraph (d) is replaced by the following: but does not include an instrument evidencing a deposit or, in the case of a federal credit union, a membership share; 1947. The heading “SHAREHOLDERS” before section 136 of the Act is replaced by the following: SHAREHOLDERS AND MEMBERS 2005, c. 54, s. 16
1948. Subsections 136(1) and (2) of the Act are replaced by the following:
Place of meetings
136. (1) Meetings of shareholders or members of a bank are to be held at the place within Canada provided for in the by-laws of the bank or, in the absence of any such provision, at the place within Canada that the directors determine.
Participation by electronic means
(2) Unless the by-laws provide otherwise, any person who is entitled to attend a meeting of shareholders or members may participate in the meeting by means of a telephonic, electronic or other communication facility that permits all participants to communicate adequately with each other during the meeting if the bank makes one available. A person who is participating in a meeting by one of those means is deemed for the purposes of this Act to be present at the meeting. 1949. (1) Subsection 137(1) of the English version of the Act is replaced by the following:
Calling meetings
137. (1) The directors of a bank (a) must, after the meeting called under subsection 46(1) or section 47.02, call the first annual meeting of shareholders or
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members, as the case may be, of the bank, which meeting must be held not later than six months after the end of the first financial year of the bank, and subsequently call an annual meeting of shareholders or members, as the case may be, which meeting must be held not later than six months after the end of each financial year; and (b) may at any time call a special meeting of shareholders or members. 2005, c. 54, s. 17
(2) Subsections 137(5) and (6) of the Act are replaced by the following:
Authority to fix record date
(5) The directors may in advance fix a record date, that is within the prescribed period, for the determination of shareholders or members for any purpose, including for a determination of which shareholders or members are entitled to (a) receive payment of a dividend or a patronage allocation; (b) participate in a liquidation distribution; (c) receive notice of a meeting of shareholders or members; or (d) vote at a meeting of shareholders or members.
Determination of record date
(6) If no record date is fixed, (a) the record date for the determination of shareholders or members who are entitled to receive notice of a meeting is (i) at the close of business on the day immediately preceding the day on which the notice is given, or (ii) if no notice is given, the day on which the meeting is held; and (b) the record date for the determination of shareholders or members for any other purpose, other than to establish a right to vote, is at the close of business on the day on which the directors pass a resolution in respect of that purpose.
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2005, c. 54, s. 18
1950. (1) The portion of subsection 138(1) of the English version of the Act before paragraph (a) is replaced by the following:
Notice of meeting
138. (1) Notice of the time and place of a meeting of shareholders or members of a bank must be sent within the prescribed period to
2005, c. 54, s. 18
(2) Paragraph 138(1)(a) of the Act is replaced by the following:
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(a) each shareholder or member entitled to vote at the meeting; 2001, c. 9, s. 63; 2005, c. 54, s. 18; 2007, c. 6, par. 132(a)
(3) Subsections 138(1.01) and (1.1) of the Act are replaced by the following:
Exception
(1.01) In the case of a bank that is not a federal credit union and that is not a distributing bank, notice may be sent within any shorter period specified in its by-laws.
Number of eligible votes
(1.1) A bank with equity of eight billion dollars or more that is not a federal credit union must set out in the notice of a meeting the number of eligible votes, as defined under subsection 156.09(1), that may be cast at the meeting as of the record date for determining shareholders entitled to receive the notice of meeting or, if there are to be separate votes of shareholders at the meeting, the number of eligible votes, as defined in that subsection, in respect of each separate vote to be held at the meeting.
2005, c. 54, s. 19
1951. Section 139 of the Act is replaced by the following:
Notice not required
139. (1) A notice of a meeting is not required to be sent to shareholders or members who are not registered on the records of the bank or the bank’s transfer agent on the record date fixed under paragraph 137(5)(c) or determined under paragraph 137(6)(a).
Effect of default
(2) Failure to receive a notice of a meeting does not deprive a shareholder or member of the right to vote at the meeting.
1997, c. 15, s. 8
1952. Section 140 of the English version of the Act is replaced by the following:
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Notice of adjourned meeting
140. (1) If a meeting is adjourned for less than 30 days, it is not necessary, unless the bylaws otherwise provide, to give notice of the adjourned meeting, other than by announcement at the earliest meeting that is adjourned.
Notice if adjournment is longer
(2) If a meeting is adjourned by one or more adjournments for a total of 30 days or more, notice of the continuation of the meeting must be given as for an original meeting but, unless the meeting is adjourned by one or more adjournments for a total of more than 90 days, subsection 156.04(1) does not apply. 1953. (1) Subsection 141(1) of the English version of the Act is replaced by the following:
Special business
141. (1) All matters dealt with at a special meeting of shareholders or members and all matters dealt with at an annual meeting, except consideration of the financial statements, report of the auditor or auditors, election of directors, remuneration of directors and reappointment of the incumbent auditor or auditors, are deemed to be special business. (2) Subsection 141(2) of the Act is replaced by the following:
Notice of special business
(2) Notice of a meeting of shareholders or members at which special business is to be transacted must (a) state the nature of the special business in sufficient detail to permit a shareholder or member to form a reasoned judgment in respect of that special business; and (b) contain the text of any special resolution to be submitted to the meeting. 1954. The Act is amended by adding the following after section 141:
Nominations for directors
141.1 (1) If shareholders of a federal credit union are entitled to elect one or more directors, (a) a nomination for the election of a director may be made only by one or more registered holders or beneficial owners of shares representing in the aggregate not less than 5 per cent of the shares of the federal credit union or 5 per cent of the shares of a class of its shares entitled to vote at the meeting at which the election is to take place; and
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(b) a notice of a meeting of shareholders must include any nomination made in accordance with paragraph (a) for the election of a director.
Exception
(2) Paragraph (1)(b) does not apply if the nomination is submitted to the federal credit union at least the prescribed number of days before the anniversary date of the previous annual meeting. 1955. (1) Subsection 142(1) of the Act is replaced by the following:
Waiver of notice
142. (1) A shareholder, a member and any other person entitled to attend a meeting may in any manner waive notice of the meeting.
2001, c. 9, s. 64(F)
(2) Subsection 142(2) of the English version of the Act is replaced by the following:
Attendance is a waiver
(2) Attendance at a meeting of shareholders or members is a waiver of notice of the meeting, except when a person attends the meeting for the express purpose of objecting to the transaction of any business on the grounds that the meeting is not lawfully called.
2005, c. 54, s. 20(1)
1956. The portion of subsection 143(1) of the Act before paragraph (a) is replaced by the following:
Proposals
143. (1) Subject to subsections (1.1) and (1.2), a registered holder or beneficial owner of shares of a bank that is not a federal credit union that may be voted at an annual meeting of shareholders may 1957. The Act is amended by adding the following after section 144:
Proposals — members of federal credit union
144.1 (1) Subject to subsections (2) and (3), a member of a federal credit union may (a) submit to the federal credit union notice of any matter that they propose to raise at an annual meeting (in this section referred to as a “proposal”); and
Emploi et croissa (b) discuss at an annual meeting any matter in respect of which they would have been entitled to submit a proposal.
Eligibility to submit proposal
(2) To be eligible to submit a proposal a member must have been a member of the federal credit union for at least the prescribed period before making the proposal.
Information to be provided
(3) A proposal is to be accompanied by a statement setting out the name and address of the member submitting the proposal and the period of time the member has been a member.
Information not part of proposal
(4) The information provided under subsection (3) does not form part of a proposal or of the supporting statement referred to in subsection (6) and is not included for the purposes of the prescribed maximum number of words referred to in subsection (6).
Proof may be required
(5) If the federal credit union requests within the prescribed period that a member provide proof that they are eligible to submit a proposal, the member must within the prescribed period provide proof that they meet the requirement of subsection (2).
Proposal and statement to accompany notice of meeting
(6) A proposal submitted for consideration at a meeting must be attached to the notice of the meeting, together with, if requested by the member making the proposal, a statement in support of the proposal and the name and address of the member making the proposal. The statement and the proposal must together not exceed the prescribed maximum number of words.
Nomination of directors
(7) A proposal may include nominations for the election of directors if it is signed by the lesser of 250 members and 1 per cent of the members who are entitled to vote at the meeting.
Exceptions
(8) A federal credit union need not comply with subsection (6) if
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(a) the proposal is not submitted to the federal credit union at least the prescribed number of days before the anniversary date of the notice of meeting that was sent to members in connection with the previous annual meeting; (b) it clearly appears that the primary purpose of the proposal is to enforce a personal claim or redress a personal grievance against the federal credit union or its directors, officers, members or security holders; (c) the person submitting the proposal has failed, within the prescribed period before the federal credit union receives the person’s proposal, to present, at a meeting, a proposal that, at the person’s request, had been attached by the federal credit union to the notice of the meeting; (d) substantially the same proposal was attached to a notice of meeting, and presented at a meeting, of the federal credit union held not more than the prescribed period before the receipt of the proposal and the proposal did not receive the prescribed minimum amount of support at the meeting; or (e) the rights conferred by subsection (1) are being abused to secure publicity. Federal credit union may refuse to include proposal
(9) If a member who submits a proposal withdraws from membership in accordance with section 47.05 before the meeting, the federal credit union is not required to attach any proposal submitted by that member to the notice of a meeting held within the prescribed period following the date of the meeting.
Immunity
(10) No federal credit union or person acting on behalf of a federal credit union incurs any liability by reason only of circulating a proposal.
Refusal to include proposal
144.2 (1) If a federal credit union refuses to include a proposal in a notice of a meeting referred to in section 138, it must, within the prescribed period after the day on which it receives the proposal or the day on which it receives the proof of eligibility under subsection
Emploi et croissa 144.1(5), as the case may be, notify in writing the person submitting the proposal of its intention to omit the proposal from the notice and of the reasons for the refusal.
Restraining order by court
(2) On the application of a person submitting a proposal who claims to be aggrieved by a federal credit union’s refusal under subsection (1), a court may restrain the holding of the meeting at which the proposal is sought to be presented and make any further order it thinks fit.
Order to omit proposal from notice
(3) A federal credit union or any person claiming to be aggrieved by a proposal may apply to a court for an order permitting the federal credit union to omit the proposal from a notice of meeting, and the court, if it is satisfied that subsection 144.1(7) applies, may make any order that it thinks fit.
Notice to Superintendent
(4) An applicant under subsection (2) or (3) must give the Superintendent written notice of the application, and the Superintendent may appear and be heard at the hearing of the application in person or by counsel. 1958. (1) Section 145 of the Act is amended by adding the following after subsection (1):
List of members entitled to notice
(1.1) A federal credit union must also prepare an alphabetical list of members entitled to receive notice of a meeting (a) if a record date is fixed under paragraph 137(5)(c), no later than 10 days after that date; or (b) if no record date is fixed, on the record date determined under paragraph 137(6)(a). (2) Section 145 of the Act is amended by adding the following after subsection (2):
Voting list — members
(2.1) A federal credit union must also prepare an alphabetical list of members entitled to vote as of the record date (a) if a record date is fixed under paragraph 137(5)(d), no later than 10 days after that date; or
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(b) if no record date is fixed under paragraph 137(5)(d), no later than 10 days after a record date is fixed under paragraph 137(5)(c) or no later than the record date determined under paragraph 137(6)(a), as the case may be. 2005, c. 54, s. 22(2)
(3) The portion of subsection 145(4) of the Act before paragraph (a) is replaced by the following:
Examination of list
(4) A shareholder of a bank that is not a federal credit union may examine the list of shareholders (4) Section 145 of the Act is amended by adding the following after subsection (4):
Examination of list
(5) A person who is entitled to vote at a meeting of a federal credit union may examine a list that relates to the meeting (a) during usual business hours at the head office of the federal credit union or at the place where its members register or central securities register is maintained; and (b) at the meeting for which the list was prepared.
1959. Subsections 146(2) and (3) of the Act are replaced by the following: Quorum — members
(2) Unless the by-laws otherwise provide, a quorum of members is present at a meeting of members of a federal credit union if at least 500 members who are entitled to vote at the meeting, or one per cent of the total number of members entitled to vote at the meeting, whichever is the lesser, are present in person or represented by a personal representative or delegate.
Quorum at opening of meeting
(3) If a quorum is present at the opening of a meeting of shareholders or members, the shareholders or members present may, unless the bylaws otherwise provide, proceed with the business of the meeting even though a quorum is not present throughout the meeting.
2010 Adjournment permitted
Emploi et croissa (4) If a quorum is not present at the opening of a meeting of shareholders or members, the shareholders or members present may adjourn the meeting to a fixed time and place but may not transact any other business. 1960. Section 149 of the Act is replaced by the following:
Representative of shareholder or member
149. (1) If an entity is a shareholder or member of a bank, the bank must recognize any natural person authorized by a resolution of the directors or governing body or similar authority of the entity to represent it at meetings of shareholders or members of the bank.
Powers
(2) A natural person authorized under subsection (1) to represent an entity may exercise on behalf of the entity all the powers the entity could exercise if it were a natural person as well as a shareholder or member. 1961. (1) Subsections 151(1) and (2) of the Act are replaced by the following:
Voting by hands or ballot
151. (1) Unless the by-laws otherwise provide, voting at a meeting of shareholders or members is to take place by show of hands except when a ballot is demanded by a person entitled to vote at the meeting.
Ballot
(2) A person entitled to vote at a meeting of shareholders or members may demand a ballot either before or after any vote by show of hands.
2005, c. 54, s. 23
(2) Subsections 151(4) and (5) of the Act are replaced by the following:
Voting while participating electronically
(4) Unless the by-laws provide otherwise, any person who is participating in a meeting under subsection 136(2) and entitled to vote at that meeting may vote by means of the telephonic, electronic or other communication facility that the bank has made available for that purpose.
Voting by mail
(5) The by-laws of a federal credit union may, subject to the regulations and any conditions set out in the by-laws, allow members to vote by mail.
Regulations
(6) The Governor in Council may make regulations
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(a) respecting the manner of and conditions for voting at a meeting of members or shareholders by means of a telephonic, electronic or other communication facility; and (b) respecting the manner and conditions of voting by mail by members of federal credit unions. 1962. (1) The portion of subsection 152(1) of the French version of the Act before paragraph (a) is replaced by the following: Résolution tenant lieu d’assemblée
152. (1) À l’exception de la déclaration écrite visée à l’article 174 ou au paragraphe 321(1), la résolution écrite, signée de toutes les personnes habiles à voter en l’occurrence : (2) Paragraphs 152(1)(a) and (b) of the English version of the Act are replaced by the following: (a) a resolution in writing signed by all the persons entitled to vote on that resolution at a meeting of shareholders or members is as valid as if it had been passed at a meeting of the shareholders or members; and (b) a resolution in writing dealing with all matters required by this Act to be dealt with at a meeting of shareholders or members, and signed by all the persons entitled to vote at that meeting, satisfies all the requirements of this Act relating to meetings of shareholders or members. (3) Subsection 152(2) of the English version of the Act is replaced by the following:
Filing resolution
(2) A copy of every resolution referred to in subsection (1) must be kept with the minutes of the meetings. 1963. (1) Subsection 153(2) of the Act is replaced by the following:
Requisitioned meeting — members
(1.1) At least two members entitled to vote at a meeting of a federal credit union that is sought to be held, or one per cent of the total number of members entitled to vote at a meeting of a federal credit union that is sought to be held, whichever is greater, may requisition the
Emploi et croissa
directors to call a meeting of members, or of members and shareholders, for the purposes stated in the requisition. Form
(2) The requisition (a) must state the business to be transacted at the meeting and must be sent to each director and to the head office of the bank; and (b) may consist of several documents of like form, each signed by one or more shareholders or members, as the case may be.
2005, c. 54, s. 25
(2) The portion of subsection 153(3) of the English version of the Act before paragraph (c) is replaced by the following:
Directors calling meeting
(3) On receipt of the requisition, the directors must call a meeting of shareholders or members, as the case may be, to transact the business stated in the requisition, unless (a) a record date has been fixed under paragraph 137(5)(c) and notice of it has been given under subsection 137(7); (b) the directors have called a meeting of shareholders or members, as the case may be, and have given the notice required by section 138; or (3) Paragraph 153(3)(c) of the Act is replaced by the following: (c) the business of the meeting as stated in the requisition includes matters described in paragraphs 143(5)(b) to (e) or 144.1(8)(b) to (e). (4) Subsection 153(4) of the English version of the Act is replaced by the following:
Power of others to call meeting
(4) If the directors do not call a meeting within 21 days after receiving the requisition, any person who signed the requisition may call the meeting. (5) Subsection 153(6) of the Act is replaced by the following:
Reimbursement
(6) Unless the shareholders or members, as the case may be, otherwise resolve at a meeting called under subsection (4), the bank must reimburse the shareholders or members for any expenses reasonably incurred by them in requisitioning, calling and holding the meeting.
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2005, c. 54, s. 26
1964. (1) The portion of subsection 154(1) of the Act before paragraph (a) is replaced by the following:
Court may order meeting to be called
154. (1) A court may, on the application of a director of a bank, a person who is entitled to vote at a meeting of shareholders or members of a bank or the Superintendent, order a meeting to be called, held or conducted in the manner that the court directs if
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(2) Subsection 154(3) of the English version of the Act is replaced by the following: Valid meeting
(3) A meeting called, held and conducted under this section is for all purposes a meeting of shareholders or members, as the case may be, of the bank duly called, held and conducted. 1965. (1) Subsection 155(1) of the Act is replaced by the following:
Court review of election
155. (1) A bank or any of its shareholders, members or directors may apply to a court to resolve any dispute in respect of the election or appointment of a director or an auditor of the bank. (2) Subsection 155(2) of the Act is amended by striking out “and” at the end of paragraph (c), by adding “and” at the end of paragraph (d) and by adding the following after paragraph (d): (e) an order determining the voting rights of members and of persons claiming to be members. 1966. Section 156.09 of the Act is amended by adding the following after subsection (2):
Exception — federal credit union
(2.1) Subsection (2) does not apply in respect of a meeting of shareholders or members of a federal credit union. 1967. The Act is amended by adding the following after section 159:
2010 Directors as members
Emploi et croissa 159.1 Not less than two thirds of the directors of a federal credit union, or any greater proportion that is provided for by the by-laws, must be members of the federal credit union or representatives of members of the federal credit union. 1968. Section 160 of the Act is amended by striking out “and” at the end of paragraph (h), by adding “and” at the end of paragraph (i) and by adding the following after paragraph (i): (j) if the bank is a federal credit union, a person who fails to meet any of the qualification requirements set out in its bylaws.
1996, c. 6, s. 5
1969. Paragraphs 162.1(2)(a) and (b) of the Act are replaced by the following: (a) becomes effective on the day of the next annual meeting of the persons who are entitled to elect directors unless a notice in writing by the Superintendent revoking the determination is received by the bank prior to that day; and (b) ceases to be in effect on the day of the next annual meeting of those persons after a notice in writing by the Superintendent revoking the determination is received by the bank. 1970. Subsection 163(3) of the Act is replaced by the following:
Determination of affiliation
(3) For the purposes of subsection (1), whether or not a person is affiliated with a bank is to be determined as at the day the notice of the annual meeting is sent under section 138 and that determination becomes effective on the day of that meeting, and a person is deemed to continue to be affiliated or unaffiliated, as the case may be, until the next annual meeting of the shareholders or members, as the case may be. 1971. Section 165 of the Act is replaced by the following:
Number of directors
165. (1) Subject to subsection 159(1) and sections 168 and 217, the directors of a bank that is not a federal credit union must, by bylaw, determine the number of directors or the
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minimum and maximum number of directors, but no by-law that decreases the number of directors shortens the term of an incumbent director.
Number of directors — federal credit union
(2) Subject to subsection 159(1), the members of a federal credit union must, by by-law, determine the number of directors or the minimum and maximum number of directors.
Election at annual meeting
(3) A by-law made under subsection (1) or (2) that provides for a minimum and maximum number of directors may provide that the number of directors to be elected at any annual meeting of the shareholders or members, as the case may be, be the number that is fixed by the directors before the annual meeting. 1972. (1) Subsections 166(2) to (4) of the English version of the Act are replaced by the following:
Term of one, two or three years
(2) A director elected for a term of one, two or three years holds office until the close, as the case may be, of the first, second or third annual meeting of shareholders or members, as the case may be, following the election of the director.
No stated term
(3) A director who is not elected for an expressly stated term of office ceases to hold office at the close of the next annual meeting of shareholders or members, as the case may be, following the election of the director.
Tenure of office
(4) It is not necessary that all directors elected at a meeting of shareholders or members hold office for the same term. (2) Subsection 166(6) of the Act is replaced by the following:
Composition requirements
(6) Subject to subsection 163(4), if a director of a bank is elected or appointed for a term of more than one year, the bank must comply with subsections 159(2) and 163(1) and section 164 at each annual meeting of shareholders or members, as the case may be, during the director’s term of office as if that director were elected or appointed on that date. 1973. The Act is amended by adding the following after section 168:
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No cumulative voting
168.1 Despite section 168 or any provision of its by-laws, cumulative voting is not permitted in a federal credit union.
1997, c. 15, s. 15(2)
1974. The portion of subsection 170(2) of the Act before paragraph (a) is replaced by the following:
Failure to elect minimum
(2) If, at the close of a meeting of shareholders or members of a bank, the shareholders or members have failed to elect the number or minimum number of directors required by this Act or the by-laws of a bank, the purported election of directors at the meeting
1997, c. 15, s. 16
1975. (1) The portion of subsection 171(1) of the Act before paragraph (a) is replaced by the following:
Directors where elections or appointments incomplete or void
171. (1) Despite subsections 166(2) and (3) and paragraphs 168(1)(f) and 172(1)(a), if subsection 170(1) or (2) applies at the close of any meeting of shareholders or members of a bank, the board of directors, until their successors are elected or appointed, consists solely of
1997, c. 15, s. 16
(2) Subsections 171(3) and (4) of the Act are replaced by the following:
Directors to call meeting
(3) If subsection (1) or (2) applies, the board of directors referred to in that subsection must, without delay, call a special meeting of shareholders or members, as the case may be, to fill the vacancies if paragraph 170(2)(a) applies, or elect a new board of directors if subsection 170(1) or paragraph 170(2)(b) applies.
Others may call meeting
(4) If the directors fail to call a special meeting required by subsection (3), the meeting may be called by any person who would be entitled to vote at the meeting. 1976. (1) Subsection 173(1) of the Act is replaced by the following:
Removal of director
173. (1) Subject to paragraph 168(1)(g), the shareholders of a bank that is not a federal credit union may by resolution at a special meeting of shareholders remove any director or all the directors from office.
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Removal of director — federal credit union
(1.1) A director of a federal credit union may be removed from office by resolution at a special meeting of the persons who are entitled to vote in the election of that director.
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(2) Section 173 of the Act is amended by adding the following after subsection (2): Exception — members
(2.1) If members of a federal credit union have the exclusive right to elect one or more directors, a director so elected may be removed only by a resolution of the members having that right. (2) Subsection 173(3) of the English version of the Act is replaced by the following:
Vacancy by removal
(3) Subject to paragraphs 168(1)(b) to (e), a vacancy created by the removal of a director may be filled at the meeting of the shareholders or members, as the case may be, at which the director is removed or, if not so filled, may be filled under section 177 or 178. 1977. (1) Paragraph 174(1)(b) of the English version of the Act is replaced by the following: (b) receives a notice or otherwise learns of a meeting called for the purpose of removing the director from office, or (2) Paragraph 174(1)(c) of the Act is replaced by the following: (c) receives a notice or otherwise learns of a meeting of directors, shareholders or members at which another person is to be appointed or elected to fill the office of director, whether because of the director’s resignation or removal or because the director’s term of office has expired or is about to expire,
1997, c. 15, s. 17
1978. Sections 175 and 176 of the Act are replaced by the following:
Circulation of statement
175. (1) A bank that is not a federal credit union must without delay on receipt of a director’s statement referred to in subsection 174(1) relating to a matter referred to in paragraph 174(1)(b) or (c), or a director’s statement referred to in subsection 174(2), send
Emploi et croissa a copy of it to each shareholder entitled to receive a notice of meetings and to the Superintendent, unless the statement is included in or attached to a management proxy circular required by subsection 156.05(1).
Circulation of statement — federal credit union
(2) A federal credit union must, without delay on receipt of a director’s statement referred to in subsection 174(1) relating to a matter referred to in paragraph 174(1)(b) or (c), or a director’s statement referred to in subsection 174(2), send a copy of it to the Superintendent, to each member and, if the director was elected by the holders of shares of a class, to those shareholders.
Immunity for statement
(3) No bank or person acting on its behalf incurs any liability by reason only of circulating a director’s statement in compliance with subsection (1) or (2).
Shareholders filling vacancy
176. (1) The by-laws of a bank that is not a federal credit union may provide that a vacancy among the directors is to be filled only (a) by a vote of the shareholders; or (b) by a vote of the holders of any class or series of shares having an exclusive right to elect one or more directors if the vacancy occurs among the directors elected by the holders of that class or series.
Filling vacancy — federal credit union
(2) The by-laws of a federal credit union may provide that a vacancy among its directors is to be filled by election or appointment by members only or by an election or appointment by persons having an exclusive right to elect or appoint one or more directors if the vacancy occurs among the directors appointed or elected by those persons.
2005, c. 54, s. 35
1979. Section 178 of the Act is replaced by the following:
Class vacancy
178. Despite section 183, if a class of persons have an exclusive right to elect one or more directors and a vacancy occurs among those directors, then, subject to section 176, (a) the remaining directors elected by those persons may fill the vacancy except one resulting from an increase in the number or the minimum or maximum number of directors who may be elected by that class
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from a failure to elect the number or minimum number of directors provided for in the by-laws for that class; (b) if there are no such remaining directors and, by reason of the vacancy, the number of directors or the composition of the board of directors fails to meet any of the requirements of section 159, subsection 163(1) and section 164, the other directors may fill that vacancy; and (c) if there are no such remaining directors and paragraph (b) does not apply, any person of that class may call a meeting of the class for the purpose of filling the vacancy.
1997, c. 15, s. 18
1980. Subsection 179.1(1) of the Act is replaced by the following:
Additional directors
179.1 (1) The directors of a bank that is not a federal credit union may appoint one or more additional directors if the by-laws of the bank allow them to do so and the by-laws determine the minimum and maximum numbers of directors. 1981. The Act is amended by adding the following after section 183:
Directors of federal credit union
183.01 The directors of a federal credit union that has issued shares that provide for the election of directors must not transact business at a meeting of directors or of a committee of directors unless the majority of the directors present at the meeting are members.
1997, c. 15, s. 21
1982. Subsection 186(2) of the Act is replaced by the following:
Statement to shareholders and members
(2) A bank must attach to the notice of each annual meeting it sends to its shareholders or members, as the case may be, a statement showing, in respect of the financial year immediately preceding the meeting, the total number of directors’ meetings and directors’ committee meetings held during the financial year and the number of those meetings attended by each director.
Emploi et croissa 1983. Subsection 188(1) of the Act is replaced by the following:
By-laws
188. (1) Unless this Act otherwise provides, the directors of a bank that is not a federal credit union may by resolution make, amend or repeal any by-law that regulates the business or affairs of the bank.
1984. Section 189 of the French version of the Act is replaced by the following: Proposition d’un actionnaire
189. Tout actionnaire habile à voter à une assemblée annuelle des actionnaires peut, conformément aux articles 143 et 144, proposer la prise, la modification ou la révocation d’un règlement administratif. 1985. Paragraph 192(1)(b) of the Act is replaced by the following: (b) immediately prior to the day a body corporate is continued as a bank other than a federal credit union, was provided for in the incorporating instrument of the body corporate, 1986. The Act is amended by adding the following after section 192:
By-laws — mandatory provisions
192.01 (1) The by-laws of a federal credit union must provide for (a) the qualifications of members and the procedures for acceptance of members; (b) the membership obligations of members, including any obligation to use the services of the federal credit union and any fees to be paid by members; (c) the rights of joint members, if any; (d) the fact that a delegate has only one vote even though the delegate is a member or represents more than one member; (e) the limit, if any, on the number of membership shares; (f) the selection, qualifications, term of office and removal of directors and members of committees of directors;
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(g) the manner of distribution of any surplus earnings arising from the operations of the federal credit union; (h) the rights of withdrawing members and members who are expelled; (i) if the federal credit union wishes to permit members or shareholders to attend a meeting of the federal credit union by means of a communication facility referred to in subsection 136(2), the ways in which votes must be held; and (j) the date on which the federal credit union’s financial year ends. By-laws — other provisions
(2) The by-laws of a federal credit union may provide for any other matter that the members consider necessary or desirable, including (a) restrictions on the classes of persons to which membership may be available, as long as the restrictions are consistent with applicable laws with respect to human rights; (b) the representation of members by delegates; (c) the distribution of patronage allocations; (d) the manner of distribution of any remaining property on the voluntary liquidation and dissolution of the federal credit union; (e) a formula for calculating the value of membership shares; (f) a formula for calculating the redemption price of membership shares; and (g) voting by mail.
Selection and removal of delegates
(3) If the by-laws of a federal credit union provide for the representation of members by delegates, the by-laws must set out procedures for their selection and removal.
Copies
192.02 (1) Each member and shareholder of a federal credit union may on request, not more than once in each calendar year, receive free of charge one copy of the letters patent and bylaws of the federal credit union, and one copy of any amendments to them.
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Copies
(2) The federal credit union must provide each creditor, and, if the federal credit union is a distributing federal credit union, any other person, on payment of a reasonable fee, with a copy of the federal credit union’s letters patent and by-laws.
Making or amendment of by-law by members
192.03 (1) The members of a federal credit union may, by special resolution, make, amend or repeal any by-law that regulates the business and affairs of the federal credit union, including a by-law changing the federal credit union’s name or the province in which its head office is situated.
Making or amendment of by-law by directors
(2) Unless the by-laws of a federal credit union provide otherwise, the directors may, by special resolution, make a by-law or amend a by-law of the federal credit union, including a by-law changing the federal credit union’s name or the province in which its head office is situated, but only if the by-law or amendment is not contrary to a by-law made by the members.
Approval
(3) The directors must present a by-law or an amendment to a by-law that is made under subsection (2) to the members at the next meeting of members and the members may, by special resolution, confirm or amend it.
By-law not confirmed
(4) If a by-law or an amendment to a by-law made by the directors is not confirmed, with or without amendments, under subsection (3), the by-law or amendment is repealed as of the date of the meeting of members at which it was not confirmed.
Effective date of by-law
(5) If a by-law, or an amendment to or a repeal of a by-law, made under subsection (1) or (2) does any thing referred to in subsection 218(1) in relation to any class or series of shares, the by-law, amendment or repeal is not effective until it is confirmed or confirmed as amended by the holders of shares of that class or series in accordance with section 218.
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Effective date of by-law
(6) If a by-law or an amendment to a by-law made under subsection (1) or (2) changes the name of the federal credit union, the by-law or the amendment is not effective until it is approved by the Superintendent.
Letters patent
(7) If the name of a federal credit union or the province in which its head office is situated is changed under subsection (1) or (2), the Superintendent may issue letters patent to amend the federal credit union’s incorporating instrument accordingly.
Effect of letters patent
(8) Letters patent issued under subsection (7) become effective on the day stated in the letters patent.
Proposal of bylaw
192.04 A member may, in accordance with section 144.1, make a proposal to make, amend or repeal a by-law.
Effective date of by-law
192.05 (1) A by-law or an amendment to or repeal of a by-law made by the members is effective from the later of the date of the resolution made under subsection 192.03(1) and the date specified in the by-law, amendment or repeal.
Effective date of by-law
(2) A by-law or an amendment to a by-law made by the directors of a federal credit union is effective from the later of the date the by-law is made or amended by the directors and the date specified in the by-law, until it is confirmed, with or without amendment, under subsection 192.03(3) or repealed under subsection 192.03(4) and, if the by-law is confirmed, or confirmed as amended, it is in effect in the form in which it was so confirmed.
If by-law not approved
(3) If a by-law or an amendment to a by-law made by the directors under subsection 192.03(2) is not submitted by the directors to the next meeting of the members as required under subsection 192.03(3), the by-law or amendment ceases to be effective from the date of that meeting.
New resolution of directors
(4) If a by-law or an amendment to a by-law made by the directors under subsection 192.03(2) is repealed under subsection 192.03(4) or ceases to be effective under
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Emploi et croissa subsection (3), no subsequent resolution of the directors to make or amend a by-law that has substantially the same purpose or effect is effective until it is confirmed, or confirmed as amended, by the members.
By-laws of continued body corporate
192.06 Subject to section 192.05, the bylaws of a body corporate that is continued as a federal credit union under this Act continue in effect until amended or repealed, unless contrary to a provision of this Act.
Existing resolutions
192.07 If the remuneration of directors of a body corporate that is continued as a federal credit union was, immediately before the issuance of the federal credit union’s letters patent, fixed by a resolution of the directors, that resolution continues to have effect, unless it is contrary to the provisions of this Act, until the first meeting of the federal credit union’s members.
Deemed by-laws
192.08 (1) Any matter provided for in the incorporating instrument of a body corporate that is continued as a federal credit union that, under this Act, is to be provided for in the bylaws of a federal credit union is deemed to be provided for in the by-laws of the federal credit union.
By-law prevails
(2) If a by-law of the federal credit union made in accordance with section 192.03 amends or repeals any matter referred to in subsection (1), the by-law prevails.
Rights preserved
192.09 No amendment to the letters patent or by-laws of a federal credit union affects an existing cause of action or claim or liability to prosecution in favour of or against the federal credit union or its directors or officers, or any civil, criminal or administrative action or proceeding to which the federal credit union or any of its directors or officers are a party.
By-laws binding
192.1 Subject to this Act, every by-law of a federal credit union binds the federal credit union and its members to the same extent as if (a) each member had duly approved the bylaw; and
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(b) there were in the by-law a covenant under seal on the part of each member, and the successors and assigns of the member, to conform to the by-law. 1987. The portion of section 198 of the Act before paragraph (a) is replaced by the following: Limits on power to delegate
198. The directors of a bank that is not a federal credit union may not delegate the power to 1988. The Act is amended by adding the following after section 198:
Limits on power to delegate
198.1 The directors of a federal credit union may not delegate the power to (a) submit to the members or shareholders a question or matter requiring their approval; (b) admit members, except in accordance with any authorization made by the members; (c) fill a vacancy among the directors, on a committee of directors or in the office of auditor; (d) issue or cause to be issued securities, including an issue of shares of a series that is authorized in accordance with section 62, except in accordance with any authorization made by the directors; (e) declare a dividend on membership shares or shares or allocate an amount as a patronage allocation; (f) authorize the redemption or other acquisition by the federal credit union under section 71 of membership shares, or shares, issued by the federal credit union; (g) authorize the payment of a commission on a share issue; (h) approve a management proxy circular; (i) except as provided in this Act, approve the annual statement of the federal credit union and any other financial statements it issued; (j) expel members; or (k) adopt or amend by-laws.
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1989. Section 201 of the Act is replaced by the following: Right to attend meetings
201. A director of a bank is entitled to attend and to be heard at every meeting of shareholders or members.
2005, c. 54, s. 39
1990. Subsection 202(4) of the Act is replaced by the following:
Time of disclosure — contract not requiring approval
(4) If the material contract or material transaction, whether entered into or proposed, is one that in the ordinary course of the bank’s business would not require approval by the directors, shareholders or members, as the case may be, the director or officer must disclose to the bank, in writing or by requesting to have it entered in the minutes of a meeting of directors or of a committee of directors, the nature and extent of their interest immediately after they become aware of the contract or transaction.
2005, c. 54, s. 41
1991. Subsection 204(2) of the Act is replaced by the following:
Access to disclosures
(2) The shareholders and members of the bank may examine the portions of any minutes of meetings of directors or committees of directors that contain disclosures under subsection 202(1), or the portions of any other documents that contain those disclosures, during the usual business hours of the bank.
2005, c. 54, ss. 41 and 42(E)
1992. Sections 205 to 207 of the Act are replaced by the following:
Avoidance standards
205. (1) A contract or transaction for which disclosure is required under subsection 202(1) is not invalid and a director or officer is not accountable to the bank or its shareholders or members for any profit realized from it by reason only of the director’s or officer’s interest in the contract or transaction or the fact that the director was present or was counted to determine whether a quorum existed at the meeting of directors, or of a committee of directors, that considered it if
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(a) the director or officer disclosed their interest in accordance with section 202 and subsection 204(1); (b) the directors approved the contract or transaction; and (c) the contract or transaction was reasonable and fair to the bank at the time that it was approved. Confirmation
(2) Even if the conditions set out in subsection (1) are not met, a director or officer acting honestly and in good faith is not accountable to the bank or its shareholders or members for any profit realized from a contract or transaction for which disclosure was required and the contract or transaction is not invalid by reason only of the director’s or officer’s interest in it if (a) the contract or transaction is approved or confirmed by special resolution at (i) in the case of a bank that is not a federal credit union, a meeting of shareholders, or (ii) in the case of a federal credit union, at a meeting of its members and, if it has shareholders, at a meeting of its shareholders; (b) disclosure of the interest was made to the shareholders or, in the case of a federal credit union, to the members and shareholders, if any, in a manner sufficient to indicate its nature before the contract or transaction was approved or confirmed; and (c) the contract or transaction was reasonable and fair to the bank at the time that it was approved or confirmed.
Court may set aside or require accounting
206. If a director or officer of a bank fails to comply with any of sections 202 to 205, a court, on application of the bank or any of its shareholders or members, may set aside the contract or transaction on any terms that the court thinks fit and may require the director or officer to account to the bank for any profit or gain realized on it.
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Liability, Exculpation and Indemnification Director’s liability
207. (1) Directors of a bank who vote for or consent to a resolution of the directors authorizing the issue of a share contrary to subsection 65(1), the issue of a membership share contrary to subsection 79.1(2) or the issue of subordinated indebtedness contrary to section 80 for a consideration other than money are jointly and severally, or solidarily, liable to the bank to make good any amount by which the consideration received is less than the fair equivalent of the money that the bank would have received if the share, membership share or subordinated indebtedness had been issued for money on the date of the resolution.
Further liability
(2) Directors of a bank who vote for or consent to a resolution of the directors authorizing any of the following are jointly and severally, or solidarily, liable to restore to the bank any amounts so distributed or paid and not otherwise recovered by the bank and any amounts in relation to any loss suffered by the bank: (a) a redemption or purchase of shares or membership shares contrary to section 71; (b) a reduction of capital contrary to section 75; (c) a payment of a dividend or patronage allocation contrary to section 79; (d) a payment of an indemnity contrary to section 212; or (e) any transaction contrary to Part XI. 1993. (1) The portion of subsection 208(2) of the Act before paragraph (a) is replaced by the following:
Recovery
(2) A director who is liable under section 207 is entitled to apply to a court for an order compelling a shareholder, member or other person to pay or deliver to the director
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(2) Paragraph 208(2)(a) of the English version of the Act is replaced by the following: (a) any money or property that was paid or distributed to the shareholder, member or other person contrary to section 71, 75, 79 or 212; or (3) Paragraph 208(3)(a) of the English version of the Act is replaced by the following: (a) order a shareholder, member or other person to pay or deliver to a director any money or property that was paid or distributed to the shareholder, member or other person contrary to section 71, 75, 79 or 212 or any amount referred to in paragraph (2)(b); (4) Paragraph 208(3)(b) of the Act is replaced by the following: (b) order a bank to return or issue shares or membership shares to a person from whom the bank has purchased, redeemed or otherwise acquired shares or membership shares; or 1994. The heading “Amendments” before section 215 of the Act is replaced by the following: Amendments — Letters Patent 1995. The Act is amended by adding the following after section 216: Conversion into Federal Credit Union Conversion into federal credit union
216.01 On the application of a bank that is not a federal credit union, the Minister may, by letters patent, amend the bank’s incorporating instrument to convert the bank into a federal credit union.
Shareholder approval of conversion proposal
216.02 (1) Before a bank makes an application under section 216.01, the directors of the bank must obtain from the shareholders, by special resolution, (a) approval of a conversion proposal that meets the requirements of the regulations and that has been approved by the Superintendent;
Emploi et croissa (b) confirmation of any by-law or of any amendment to or repeal of a by-law that is necessary to implement the conversion proposal; and (c) authorization to make the application.
Additional information
(2) The Minister may require the federal credit union to provide the Minister with any additional information that he or she considers necessary.
Right to vote
216.03 (1) For the purposes of subsection 216.02(1), each share of the bank carries the right to vote in respect of any matter referred to in that subsection whether or not it otherwise carries the right to vote.
Class vote
(2) For the purposes of subsection 216.02(1), the holders of shares of a class or series of shares of the bank are entitled to vote separately as a class or series in respect of any matter referred to in that subsection.
Time of application
216.04 An application under section 216.01 may be made no later than three months after the bank’s conversion proposal has been approved by the shareholders.
Criteria for issuance of letters patent
216.05 In determining whether to issue letters patent to amend a bank’s incorporating instrument to convert it into a federal credit union, the Minister must consider all matters that the Minister considers relevant, including whether (a) the applicant bank will, on the issuance of the letters patent, be organized and carry on business on a cooperative basis in accordance with section 12.1; (b) there are no reasonable grounds for believing that the issuance of the letters patent would cause the federal credit union to be in contravention of subsection 485(1), any regulation made under subsection 485(2) or any order made under subsection 485(3); (c) the bank’s conversion proposal was approved by special resolution of the shareholders;
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(d) the conversion of the bank into a federal credit union may reasonably be expected to be achieved under the terms of the conversion proposal; (e) the conversion is fair and reasonable to the shareholders; and (f) the conversion is in the best interests of the financial system in Canada, including the best interests of the cooperative financial system in Canada. Effect of letters patent
216.06 If the Minister issues letters patent to amend a bank’s incorporating instrument to convert it into a federal credit union, then, on the day stated in the letters patent, (a) the holders of the common shares of the bank are deemed to be the members of the federal credit union; (b) any common shares of the bank that are not to be converted into shares of the federal credit union according to the bank’s conversion proposal are deemed to be membership shares of the federal credit union to which are attached the rights, privileges and restrictions set out in this Act; and (c) any common shares of the bank that are to be converted into shares of the federal credit union according to the bank’s conversion proposal are deemed to be shares of the federal credit union to which are attached the rights, privileges and restrictions set out in this Act.
Regulations
216.07 (1) The Governor in Council may make regulations (a) respecting applications under section 216.01, including their form and the information to be contained in them; (b) respecting conversion proposals to become a federal credit union, including the information to be contained in them; (c) respecting the by-laws that must be made or repealed, or the amendments that must be made to by-laws, to give effect to a conversion proposal to become a federal credit union; and
Emploi et croissa (d) generally, respecting the conversion of a bank into a federal credit union.
Conversion of common shares
(2) Regulations made under paragraph (1)(b) must provide that a conversion proposal must provide that at least one common share held by every holder of common shares is converted into a membership share.
Canada Deposit Insurance Corporation Act
(3) A regulation made under subsection (1) may provide for different provisions respecting a bank that is subject to an order under paragraph 39.13(1)(a) of the Canada Deposit Insurance Corporation Act or is a bridge institution within the meaning of that Act.
Exemption by Superintendent
(4) A regulation made under subsection (1) may provide that the Superintendent may, on any terms and conditions that the Superintendent considers appropriate, exempt a bank from any requirements of that regulation.
Exemption by Minister
(5) The Minister may, on any terms and conditions that the Minister considers appropriate, exempt a bank from any requirement of this Act or the regulations if the bank is applying for the approval of a proposal to convert itself into a federal credit union and (a) the Minister is of the opinion that the bank is, or is about to be, in financial difficulty and that the exemption would help to facilitate an improvement in the financial condition of the bank; or (b) is subject to an order under paragraph 39.13(1)(a) of the Canada Deposit Insurance Corporation Act or is a bridge institution within the meaning of that Act. Conversion into Bank with Common Shares
Conversion into bank with common shares
216.08 On the application of a federal credit union, the Minister may, by letters patent, amend the federal credit union’s incorporating instrument to convert the federal credit union into a bank with common shares.
Approval of conversion proposal
216.09 (1) Before a federal credit union makes an application under section 216.08, the directors of the federal credit union must obtain
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from the members by special resolution and, if the federal credit union has issued shares, from the shareholders, by separate special resolution, (a) approval of a conversion proposal that meets the requirements of the regulations and that has been approved by the Superintendent; (b) confirmation of any by-law or of any amendment to or repeal of a by-law that is necessary to implement the conversion proposal; and (c) authorization to make the application. Additional information
(2) The Minister may require the federal credit union to provide the Minister with any additional information that he or she considers necessary.
Right to vote
216.1 (1) For the purposes of subsection 216.09(1), each share of the federal credit union carries the right to vote in respect of any matter referred to in that subsection whether or not it otherwise carries the right to vote.
Class vote
(2) For the purposes of subsection 216.09(1), the holders of shares of a class or series of shares of the federal credit union are entitled to vote separately as a class or series in respect of any matter referred to in that subsection.
Time of application
216.11 An application under section 216.08 may be made no later than three months after the bank’s conversion proposal has been approved by the members and shareholders, if any.
Criteria for issuance of letters patent
216.12 In determining whether to issue letters patent converting a federal credit union into a bank with common shares, the Minister must consider all matters that the Minister considers relevant, including whether (a) there are no reasonable grounds for believing that the issuance of the letters patent would cause the bank with common shares to be in contravention of subsection 485(1), any regulation made under subsection 485(2) or any order made under subsection 485(3);
Emploi et croissa (b) the federal credit union’s conversion proposal was approved by special resolution of the members and a separate special resolution of the shareholders, if any; (c) the conversion of the federal credit union into a bank with common shares may reasonably be expected to be achieved under the terms of the conversion proposal; (d) the conversion is fair and reasonable to the members and shareholders, if any; and (e) the conversion is in the best interests of the financial system in Canada, including the best interests of the cooperative financial system in Canada.
Effect of letters patent
216.13 If the Minister issues letters patent to amend a federal credit union’s incorporating instrument to convert it into a bank with common shares, then, on the day stated in the letters patent, members of the federal credit union become, in accordance with the conversion proposal, holders of common shares of the bank to which are attached the rights, privileges and restrictions set out in this Act.
Regulations
216.14 (1) The Governor in Council may make regulations (a) respecting applications under section 216.08, including their form and the information to be contained in them; (b) respecting conversion proposals to become a bank with common shares, including the information to be contained in them; (c) respecting the by-laws that must be made or repealed, or the amendments that must be made to by-laws, to give effect to a conversion proposal to become a bank with common shares; (d) respecting, for the purposes of a proposal to become a bank with common shares, the value of the converting federal credit union and of its membership shares and shares, if any, and authorizing the Superintendent to specify a day on which those values must be estimated;
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(e) concerning the fair and equitable treatment of members and shareholders, if any, under a federal credit union’s conversion proposal to become a bank with common shares; (f) concerning the conversion of membership shares and shares, if any, of a federal credit union into common shares or other shares; (g) authorizing the Superintendent to (i) require a federal credit union that proposes to become a bank with common shares to hold one or more information sessions for its members and shareholders, if any, and to take other measures to assist its members and shareholders, if any, in forming a reasoned judgment on the proposal, and (ii) set the rules under which the information sessions must be held; (h) respecting restrictions on any fee, compensation or other consideration that may be paid, in respect of the conversion of a federal credit union into a bank with common shares, to any director, officer or employee of the federal credit union or to any entity with which a director, officer or employee of the federal credit union is associated; (i) prohibiting, except for those issued as a result of the implementation of a conversion proposal, the issuance or provision during the period set out in the regulations of shares, share options or rights to acquire shares, of a bank that has been converted from a federal credit union into a bank with common shares to (i) any director, officer or employee of the bank, or (ii) any person who was a director, officer or employee of the federal credit union during the year preceding the effective date of conversion of the federal credit union; and (j) generally, respecting the conversion of a federal credit union into a bank with common shares.
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Canada Deposit Insurance Corporation Act
(2) A regulation made under subsection (1) may provide for different provisions respecting a federal credit union that is subject to an order under paragraph 39.13(1)(a) of the Canada Deposit Insurance Corporation Act or is a bridge institution within the meaning of that Act.
Exemption by Superintendent
(3) A regulation made under subsection (1) may provide that the Superintendent may, on any terms and conditions that the Superintendent considers appropriate, exempt a federal credit union from any requirements of that regulation.
Exemption by Minister
(4) The Minister may, on any terms and conditions that the Minister considers appropriate, exempt a federal credit union from any requirement of this Act or the regulations if the federal credit union is applying for the approval of a proposal to convert itself into a bank with common shares and (a) the Minister is of the opinion that the federal credit union is, or is about to be, in financial difficulty and that the exemption would help to facilitate an improvement in the financial condition of the federal credit union; or (b) the federal credit union is subject to an order under paragraph 39.13(1)(a) of the Canada Deposit Insurance Corporation Act or is a bridge institution within the meaning of that Act. Amendments — By-laws 1996. The portion of subsection 217(1) of the Act before paragraph (a) is replaced by the following:
By-laws
217. (1) The directors of a bank that is not a federal credit union may make, amend or repeal any by-laws, in the manner set out in subsections (2) and (3) and sections 218 to 222, to
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2001, c. 9, s. 84
1997. Subsection 223(1) of the Act is replaced by the following:
Application to amalgamate
223. (1) On the joint application of two or more bodies corporate incorporated by or under an Act of Parliament, including banks that are not federal credit unions and bank holding companies, the Minister may issue letters patent amalgamating and continuing the applicants as one bank, other than a federal credit union.
Application to amalgamate — federal credit unions
(1.1) On the joint application of two or more federal credit unions, the Minister may issue letters patent amalgamating and continuing the applicants as one federal credit union.
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1998. (1) Subsection 224(2) of the Act is amended by adding the following after paragraph (a): (a.1) if the amalgamated bank is to be a federal credit union, a statement that the amalgamated bank will be organized and carry on business on a cooperative basis in accordance with section 12.1; (2) Paragraphs 224(2)(c) and (d) of the Act are replaced by the following: (c) the manner in which the shares or membership shares of each applicant are to be converted into shares or other securities, or into membership shares, of the amalgamated bank; (d) if any shares or membership shares of an applicant are not to be converted into shares or other securities, or into membership shares, of the amalgamated bank, the amount of money or securities that the holders of those shares are to receive in addition to or in lieu of shares or other securities, or membership shares, of the amalgamated bank; (3) Subsection 224(3) of the Act is replaced by the following:
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Cross ownership of shares
(3) If shares or membership shares of one of the applicants are held by or on behalf of another of the applicants, other than shares or membership shares held in the capacity of a personal representative or by way of security, the amalgamation agreement must provide for the cancellation of those shares or membership shares when the amalgamation becomes effective without any repayment of capital in respect of them, and no provision may be made in the agreement for the conversion of those shares or membership shares into shares or membership shares of the amalgamated bank.
2007, c. 6, s. 14
1999. Section 225 of the English version of the Act is replaced by the following:
Approval of agreement by Superintendent
225. An amalgamation agreement must be submitted to the Superintendent for approval, and any approval of the agreement under subsection 226(4) by the holders of any class or series of shares of an applicant, and, if applicable, by the members, is invalid unless, before the date of the approval, the Superintendent has approved the agreement in writing. 2000. (1) Subsection 226(1) of the Act is replaced by the following:
Approval
226. (1) The directors of each applicant must submit an amalgamation agreement for approval to a meeting of the shareholders of the applicant — or, if the applicant is a federal credit union, to a meeting of its members and to a meeting of its shareholders, if any.
(2) Subsections 226(4) and (5) of the Act are replaced by the following: Special resolution
(4) Subject to subsection (3), an amalgamation agreement is approved when the shareholders of each applicant bank or body corporate have approved the amalgamation by special resolution or, if an applicant bank is a federal credit union, the members and shareholders, if any, have approved the amalgamation by separate special resolutions.
Termination
(5) An amalgamation agreement may provide that, at any time before the issue of letters patent of amalgamation, the agreement may be
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terminated by the directors of an applicant even if the agreement has been approved by the shareholders — or the members and shareholders, if any — of all or any of the applicant banks or bodies corporate.
2001. The Act is amended by adding the following after section 226: Members of amalgamated federal credit union
226.1 On the issuance of letters patent amalgamating and continuing two or more federal credit unions as one federal credit union, the members of the federal credit unions become members of the amalgamated federal credit union. 2002. (1) The portion of subsection 227(1) of the Act before paragraph (a) is replaced by the following:
Vertical shortform amalgamation
227. (1) A bank, other than a federal credit union, may, without complying with sections 224 to 226, amalgamate with one or more bodies corporate that are incorporated by or under an Act of Parliament if the body or bodies corporate, as the case may be, are wholly-owned subsidiaries of the bank and (2) The portion of subsection 227(2) of the Act before paragraph (a) is replaced by the following:
Horizontal shortform amalgamation
(2) Two or more bodies corporate incorporated by or under an Act of Parliament, none of which is a federal credit union, may amalgamate and continue as one bank, without complying with sections 224 to 226 if
2001, c. 9, s. 85
2003. Subsection 228(4) of the Act is amended by striking out “and” at the end of paragraph (g) and by replacing paragraph (h) with the following: (h) if the amalgamated bank will be a federal credit union, that it will be organized and carry on business on a cooperative basis in accordance with section 12.1; and
Emploi et croissa (i) the best interests of the financial system in Canada, including, if the amalgamated bank will be a federal credit union, the best interests of the cooperative financial system in Canada.
2007, c. 6, s. 16
2004. Section 233 of the Act is replaced by the following:
Agreement to Superintendent
233. A sale agreement must be sent to the Superintendent before it is submitted to shareholders or to members and shareholders, as the case may be, of the selling bank under subsection 234(1). 2005. (1) Subsection 234(1) of the Act is replaced by the following:
Shareholder approval
234. (1) The directors of a selling bank must submit a sale agreement for approval to a meeting of shareholders, or, if the bank is a federal credit union, to a meeting of members and shareholders of the bank and, subject to subsection (3), to the holders of each class or series of shares of the bank. (2) Subsection 234(4) of the Act is replaced by the following:
Special resolution
(4) A sale agreement is approved when the shareholders and the holders of each class or series of shares entitled to vote separately as a class or series under subsection (3) of the selling bank have approved the sale by special resolution and, if the selling bank is a federal credit union, the members have also approved the sale by a separate special resolution. 2006. Section 235 of the Act is replaced by the following:
Abandoning sale
235. If a special resolution approving a sale under subsection 234(4) so states, the directors of a selling bank may, subject to the rights of third parties, abandon the sale without further approval of the shareholders or the members and shareholders, as the case may be. 2007. (1) Paragraph 238(1)(b) of the Act is replaced by the following: (b) minutes of meetings and resolutions of shareholders and members;
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(2) Paragraph 238(2)(c) of the Act is replaced by the following: (c) records showing, for each customer of the bank, on a daily basis, particulars of the transactions between the bank and that customer and the balance owing to or by the bank in respect of that customer and, if the bank is a federal credit union, whether the customer is a member of the federal credit union. 2005, c. 54, s. 50
2008. (1) Subsection 239(5) of the Act is replaced by the following:
Access to bank records
(5) Shareholders, members and creditors of a bank and their personal representatives may examine the records referred to in subsection 238(1) during the usual business hours of the bank and may take extracts from them free of charge or have copies of them made on payment of a reasonable fee. If the bank is a distributing bank, any other person may on payment of a reasonable fee examine those records during the usual business hours of the bank and take extracts from them or have copies of them made.
2001, c. 9, s. 88(2)(F)
(2) Subsection 239(6) of the Act is replaced by the following:
Copies of bylaws
(6) Every shareholder and every member of a bank is entitled, on request made not more frequently than once in each calendar year, to receive, free of charge, one copy of the by-laws of the bank. 2009. (1) Subsection 240(1) of the Act is replaced by the following:
Lists
240. (1) A person who is entitled to a basic list of shareholders or members of a bank (in this section referred to as the “applicant”) may request the bank to furnish the applicant with a basic list within ten days after receipt by the bank of the affidavit referred to in subsection (2) and, on payment of a reasonable fee by the applicant, the bank must comply with the request.
2005, c. 54, s. 51
(2) Subsections 240(3) and (4) of the Act are replaced by the following:
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Entitlement to list
(3) A shareholder, member or creditor of a bank or their personal representative — or, if the bank is a distributing bank, any person — is entitled to a basic list of shareholders or members of the bank.
Basic list
(4) A basic list of shareholders or members of a bank consists of a list of shareholders or members that is made up to a date not more than ten days before the receipt of the affidavit referred to in subsection (2) and that sets out (a) the names of the shareholders or members, as the case may be, of the bank; (b) the number of shares owned by each shareholder, or the number of membership shares owned by each member, as the case may be; and (c) the address of each shareholder or member as shown in the records of the bank. (3) Subsection 240(5) of the English version of the Act is replaced by the following:
Supplemental lists
(5) A person requiring a bank to supply a basic list may, if the person states in the accompanying affidavit that supplemental lists are required, request the bank or its agent, on payment of a reasonable fee, to provide supplemental lists of shareholders or members setting out any changes from the basic list in the names and addresses of the shareholders or members, as the case may be, and the number of shares owned by each shareholder, or the number of membership shares owned by each member, as the case may be, for each business day following the date to which the basic list is made up. 2010. Section 241 of the English version of the Act is replaced by the following:
Option holders
241. A person requiring a bank to supply a basic list or a supplemental list of shareholders or members may also require the bank to include in that list the name and address of any known holder of an option or right to acquire shares of the bank.
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2011. The portion of section 242 of the Act before paragraph (b) is replaced by the following: Use of list
242. No person shall use a list of shareholders or members obtained under section 240 except in connection with (a) an effort to influence the voting of shareholders or members of the bank;
2007, c. 6, s. 17
2012. Subsection 245(1) of the Act is replaced by the following:
Requirement to maintain copies and process information in Canada
245. (1) If the Superintendent is of the opinion that it is incompatible with the fulfilment of the Superintendent’s responsibilities under this Act for a bank to maintain, in another country, copies of records referred to in section 238 or of its central securities register or members register or for a bank to process, in another country, information or data relating to the preparation and maintenance of those records or of its central securities register or members register — or if the Superintendent is advised by the Minister that, in the opinion of the Minister, it is not in the national interest for a bank to do any of those activities in another country — the Superintendent must direct the bank to not maintain those copies, or to not process the information or data, as the case may be, in that other country or to maintain those copies or to process the information or data only in Canada. 2013. Subsection 246(1) of the Act is amended by striking out “and” at the end of paragraph (b), by adding “and” at the end of paragraph (c) and by adding the following after paragraph (c): (d) the members register referred to in subsection 254.1(1).
2005, c. 54, s. 53
2014. Subsection 248(3) of the Act is replaced by the following:
Access to central securities register
(3) Shareholders and creditors of a bank and their personal representatives — and, if the bank is a federal credit union, its members and their personal representatives — may examine the central securities register during the usual business hours of the bank and may take
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extracts from it free of charge or have copies of it made on payment of a reasonable fee. If the bank is a distributing bank, any other person may, on payment of a reasonable fee, examine the central securities register during the usual business hours of the bank and take extracts from it or have copies of it made. 2015. The Act is amended by adding the following after section 254: Members Register Members register
254.1 (1) A federal credit union must maintain a members register in which it must record (a) the names, alphabetically arranged, and latest known addresses of the members and former members of the federal credit union; (b) the number of membership shares held by each member; and (c) the date and particulars of the issue and transfer of each membership share.
Similar registers
(2) For the purposes of subsection (1), “members register” includes similar registers required by law to be maintained by a body corporate that was continued, or amalgamated and continued, as a federal credit union before the continuance or amalgamation and continuance.
Access to members register
(3) Members, shareholders and creditors of a federal credit union, and their personal representatives, may examine the members register during the usual business hours of the federal credit union and may take extracts from it free of charge or have copies of it made on payment of a reasonable fee. If the federal credit union is a distributing bank, any other person may, on payment of a reasonable fee, examine the members register during the usual business hours of the bank and take extracts from it or have copies of it made.
Electronic access
(4) The federal credit union may make the information contained in the members register available by any mechanical or electronic data processing system or other information storage device that is capable of reproducing it in intelligible written form within a reasonable time.
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Affidavit and undertaking
(5) A person who wishes to examine the members register, take extracts from it or have copies of it made must provide the federal credit union with an affidavit containing their name and address — or, if they are an entity, the name and address for service of the entity — and an undertaking that the information contained in the register will not be used except in the same way as a list of shareholders or members may be used under section 242. In the case of an entity, the affidavit is to be sworn by a director or officer of the entity or a person acting in a similar capacity.
Supplementary information
(6) A person who wishes to examine a members register, take extracts from it or have copies of it made may, on payment of a reasonable fee, if they state in the accompanying affidavit that supplementary information is required, request the federal credit union or its agent to provide supplementary information setting out any changes made to the register.
When supplementary information to be provided
(7) A federal credit union or its agent must provide the supplementary information within
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(a) 10 days after the day on which the members register is examined if the changes take place before that day; and (b) 10 days after the day to which the supplementary information relates if the changes take place on or after the day on which the members register is examined.
Branch members registers
254.2 A federal credit union may establish as many branch members registers as it considers necessary.
Agents
254.3 A federal credit union may appoint an agent to maintain its members register and each of its branch members registers.
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2010 Location of members register
254.4 (1) The members register of a federal credit union is to be maintained by the federal credit union at its head office or at any other place in Canada designated by the federal credit union’s directors.
Location of branch members register
(2) A branch members register of a federal credit union may be kept at any place in or outside Canada designated by the directors of the federal credit union.
Particulars in branch members register
254.5 (1) A branch members register must contain only particulars of the membership shares issued or transferred at the branch for which that register is established.
Particulars in members register
(2) Particulars of each issue or transfer of a membership share registered in a branch members register of a federal credit union must also be kept in the members register of the federal credit union.
Cancelled membership share certificates
254.6 A federal credit union, its agent or a trustee within the meaning of section 294 is not required to produce a cancelled membership share certificate in registered form after six years from the day on which it is cancelled. 2016. The definition “share” in subsection 265(1) of the Act is amended by striking out “and” at the end of paragraph (a) by adding “and” at the end of paragraph (b) and by adding the following after paragraph (b): (c) a membership share. 2017. (1) Section 271 of the Act is amended by adding the following after subsection (1):
Extended meaning of “insider” — federal credit union
(1.1) In addition to subsection (1), in this section and sections 271.1 and 272, “insider” with respect to a bank that is a federal credit union means a member of the federal credit union who holds more than the prescribed percentage of the membership shares of the federal credit union.
2005, c. 54, s. 57
(2) Paragraph 271(2)(a) of the Act is replaced by the following: (a) a membership share of the bank, if the bank is a federal credit union;
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(a.1) a put, call, option or other right or obligation to purchase or sell a security of the bank; and 2018. (1) The portion of subsection 308(1) of the Act before paragraph (a) is replaced by the following: Annual financial statement
308. (1) The directors of a bank must place before the shareholders or members, as the case may be, at every annual meeting (2) Paragraph 308(1)(c) of the Act is replaced by the following: (c) any further information respecting the financial position of the bank and the results of its operations required by the by-laws of the bank to be placed before the shareholders or members at the annual meeting. (3) Paragraph 308(2)(d) of the Act is replaced by the following: (d) a statement of changes in shareholders’ equity for the financial year, if the bank is not a federal credit union, or a statement of changes in the members’ and shareholders’ equity of the bank for the financial year, if it is a federal credit union, (4) Subsection 308(3) of the Act is amended by striking out “and” at the end of paragraph (a) any by adding the following after paragraph (a): (a.1) in the case of a federal credit union, a statement that sets out (i) the number of its members at the end of the financial year, (ii) the percentage of financial services that during the financial year were transacted with members on the basis of the gross revenue of the federal credit union for the financial year, (iii) the percentage of its members who are natural persons at the end of the financial year, and (iv) whether the federal credit union was organized and carrying on business on a cooperative basis at the end of the financial year in accordance with section 12.1; and
Emploi et croissa 2019. Subsection 310(2) of the Act is replaced by the following:
Examination
(2) Subject to this section, the shareholders and members of a bank and their personal representatives may, on request, examine the statements referred to in subsection (1) during the usual business hours of the bank and may take extracts from those statements free of charge. 2020. Subsections 311(1) and (2) of the Act are replaced by the following:
Distribution of annual statement
311. (1) A bank must, not later than 21 days before the date of each annual meeting or before the signing of a resolution under paragraph 152(1)(b) in lieu of the annual meeting, send to each shareholder or, in the case of a federal credit union, to each member and shareholder, if any, at their recorded address a copy of the documents referred to in subsections 308(1) and (3), unless that time period is waived by the shareholder or member, as the case may be.
Exception
(2) A bank is not required to comply with subsection (1) with respect to a person who has informed the bank, in writing, that the person does not wish to receive the annual statement.
2001, c. 9, s. 93
2021. (1) Subsection 312(1) of the English version of the Act is replaced by the following:
Copy to Superintendent
312. (1) Subject to subsection (2), a bank must send to the Superintendent a copy of the documents referred to in subsections 308(1) and (3) not later than 21 days before the date of each annual meeting of shareholders or members of the bank.
2001, c. 9, s. 93
(2) Subsection 312(2) of the Act is replaced by the following:
Later filing
(2) If a bank’s shareholders or members sign a resolution under paragraph 152(1)(b) in lieu of an annual meeting, the bank must send a copy of the documents referred to in subsections 308(1) and (3) to the Superintendent not later than 30 days after the signing of the resolution. 2022. Section 314 of the Act is replaced by the following:
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Appointment of auditors
314. (1) The shareholders of a bank, or the members of a federal credit union, must, by ordinary resolution at the first meeting of shareholders or members, as the case may be, and at each succeeding annual meeting, appoint a firm of accountants to be the auditor of the bank until the close of the next annual meeting.
Auditors
(2) The shareholders of a bank, or the members of a federal credit union, may, by ordinary resolution at the first meeting of shareholders or members, as the case may be, and at each succeeding annual meeting, appoint two firms of accountants to be the auditors of the bank until the close of the next annual meeting.
Remuneration of auditors
(3) The remuneration of the auditor or auditors may be fixed by ordinary resolution of the shareholders or members of the federal credit union but, if not so fixed, must be fixed by the directors.
Jobs and Econ
2023. Subparagraph 315(2)(b)(ii) of the Act is replaced by the following: (ii) beneficially owns or controls, directly or indirectly, a material interest in the shares or membership shares of the bank or of any affiliate of the bank, or 2024. Subsection 317(1) of the Act is replaced by the following: Revocation of appointment
317. (1) The shareholders of a bank or the members of a federal credit union may, by ordinary resolution at a special meeting, revoke the appointment of an auditor. 2025. Paragraph 318(1)(b) of the Act is replaced by the following: (b) the appointment of the auditor is revoked by the Superintendent or by the shareholders or, if the bank is a federal credit union, by the members. 2026. Subsections 320(1) to (3) of the Act are replaced by the following:
Right to attend meetings
320. (1) The auditor or auditors of a bank are entitled to receive notice of every meeting of shareholders and, if the bank is a federal credit
Emploi et croissa union, every meeting of its members and, at the expense of the bank, to attend and be heard at the meeting on matters relating to the duties of the auditor or auditors.
Duty to attend meeting
(2) If a director, shareholder or member of a bank, whether or not that person is entitled to vote at the meeting, gives written notice, not less than 10 days before the meeting, to an auditor or former auditor of the bank that the director, member or shareholder wishes the auditor’s attendance at the meeting, the auditor or former auditor must attend the meeting, at the expense of the bank, and answer questions relating to the auditor’s or former auditor’s duties as auditor.
Notice to bank
(3) The person who gives notice under subsection (2) must send concurrently a copy of the notice to the bank and the bank must, without delay, send a copy of it to the Superintendent. 2027. (1) Paragraphs 321(1)(b) and (c) of the Act are replaced by the following: (b) receives a notice or otherwise learns of a meeting of shareholders, or, if the bank is a federal credit union, of a meeting of members, called for the purpose of revoking the appointment of the auditor, or (c) receives a notice or otherwise learns of a meeting of directors or shareholders, or, if the bank is a federal credit union, of a meeting of members, at which another firm of accountants is to be appointed in its stead, whether because of the auditor’s resignation or revocation of appointment or because the auditor’s term of office has expired or is about to expire,
2005, c. 54, s. 73
(2) Subsection 321(2) of the Act is replaced by the following:
Statements to be sent
(2) The bank must send a copy of the statements referred to in subsections (1) and (1.1) without delay to every shareholder, or, if the bank is a federal credit union, to every member, entitled to vote at the annual meeting of shareholders or of members and to the Superintendent.
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2028. Subsection 323(1) of the Act is replaced by the following: Auditors’ examination
323. (1) The auditor or auditors of a bank must make any examination that the auditor or auditors consider necessary to enable the auditor or auditors to report on the annual statement and on other financial statements required by this Act to be placed before the shareholders or, if the bank is a federal credit union, the members, except any annual statements or parts of those statements that relate to the period referred to in subparagraph 308(1)(a)(ii). 2029. Subsection 325(2) of the Act is replaced by the following:
Special examination
(2) The Superintendent may, in writing, require that the auditor or auditors of a bank make a particular examination relating to the adequacy of the procedures adopted by the bank for the safety of its creditors and shareholders and, if the bank is a federal credit union, for the safety of its members, or any other examination as, in the Superintendent’s opinion, the public interest may require, and report to the Superintendent. 2030. Subsection 326(1) of the Act is replaced by the following:
Auditors’ report
326. (1) The auditor or auditors must, not less than 21 days before the date of the annual meeting of the shareholders of the bank or, if the bank is a federal credit union, of the annual meeting of the members, make a report in writing to the shareholders or members, as the case may be, on the annual statement referred to in subsection 308(1). 2031. Section 327 of the Act is replaced by the following:
Report on directors’ statement
327. (1) The auditor or auditors of a bank must, if required by the shareholders or, if the bank is a federal credit union, by the members or shareholders, if any, audit and report to the shareholders or members, as the case may be, on any financial statement submitted by the directors to the shareholders or members, and the report must state whether, in their opinion, the financial statement presents fairly the information required by the shareholders or members.
2010 Making of report
Emploi et croissa (2) A report of the auditor or auditors made under subsection (1) must be attached to the financial statement to which it relates and a copy of the statement and report must be sent by the directors to the Superintendent, to every shareholder and, if the bank is a federal credit union, to every member and shareholder, if any. 2032. Paragraph 332(3)(b) of the Act is replaced by the following: (b) otherwise inform the shareholders, and, if the bank is a federal credit union, its members, and the Superintendent of the error or misstatement.
2033. Paragraph 335(1)(c) of the Act is replaced by the following: (c) an order directing that any amount adjudged payable by a defendant in the action be paid, in whole or in part, directly to the following instead of to the bank or the subsidiary: (i) if the bank is not a federal credit union, former and present security holders of the bank or subsidiary, or (ii) if the bank is a federal credit union, former and present members or security holders of the federal credit union or former and present security holders of the subsidiary; and 2034. Subsection 336(1) of the Act is replaced by the following: Status of approval
336. (1) An application made or an action brought or intervened in under subsection 334(1) or section 338 need not be stayed or dismissed by reason only that it is shown that an alleged breach of a right or duty owed to the bank or its subsidiary has been or might be approved by the shareholders or members of the bank, or by the shareholders of the subsidiary, but evidence of approval by the shareholders or the members, as the case may be, may be taken into account by the court in making an order under section 335.
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2035. (1) Subsection 338(1) of the Act is replaced by the following: Application to rectify records
338. (1) If the name of a person is alleged to be or to have been wrongly entered or retained in, or wrongly deleted or omitted from, the securities register, the members register or any other record of a bank, the bank, a security holder of the bank, a member of the bank or any aggrieved person may apply to a court for an order that the register or record be rectified.
(2) Subsection 338(3) of the Act is replaced by the following: Powers of court
(3) In connection with an application under this section, the court may make any order it thinks fit including, without limiting the generality of the foregoing, (a) an order requiring the register or other record of the bank to be rectified; (b) an order restraining a bank from calling or holding a meeting of shareholders or members, or paying a dividend or patronage allocation, before the rectification; (c) an order determining the right of a party to the proceedings to have the party’s name entered or retained in, or deleted or omitted from, the register or records of the bank, whether the issue arises between two or more security holders or alleged security holders, or two or more members or alleged members, or between the bank and any security holder or alleged security holder or member or alleged member; and (d) an order compensating a party who has incurred a loss. 2036. Subsection 342(1) of the Act is replaced by the following:
No property and no liabilities
342. (1) A bank that has no property and no liabilities may apply to the Minister for letters patent dissolving the bank if it is authorized by (a) in the case of a bank that is not a federal credit union, a special resolution of the shareholders or, if there are no shareholders, by a resolution of all the directors; or
Emploi et croissa (b) in the case of a federal credit union, a special resolution of the members and a separate special resolution of the shareholders, if any.
2037. (1) Subsection 343(1) of the Act is amended by striking out “or” at the end of paragraph (a) and by replacing paragraph (b) with the following: (b) may, if the bank is not a federal credit union, be initiated by way of a proposal made by a shareholder who is entitled to vote at an annual meeting of shareholders in accordance with sections 143 and 144; or (c) may, if the bank is a federal credit union, be initiated by way of a proposal made by a member in accordance with section 144.1. (2) Subsection 343(2) of the English version of the Act is replaced by the following: Terms must be set out
(2) A notice of any meeting at which the voluntary liquidation and dissolution of a bank is to be proposed must set out the terms of the proposal. 2038. Section 344 of the Act is replaced by the following:
Resolutions
344. If the voluntary liquidation and dissolution of a bank is proposed, the bank may apply to the Minister for letters patent dissolving the bank (a) if, in the case of a bank that is not a federal credit union, it is authorized by a special resolution of the shareholders or, if the bank has issued more than one class of shares, by special resolution of each class of shareholders whether or not those shareholders are otherwise entitled to vote; or (b) if, in the case of a federal credit union, it is authorized by a special resolution of the members and, if the federal credit union has issued one or more classes of shares, by
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separate special resolution of each class of shareholders whether or not those shareholders are otherwise entitled to vote. 2039. Paragraphs 345(4)(c) and (d) of the Act are replaced by the following: (c) proceed to collect its property, dispose of property that is not to be distributed in kind to its shareholders or members, as the case may be, discharge all its obligations and do all other acts required to liquidate its business; and (d) after giving the notice required under paragraphs (a) and (b) and adequately providing for the payment or discharge of all its obligations, distribute its remaining property, either in money or in kind, among its shareholders, according to their respective rights, or its members, as the case may be. 2040. (1) The portion of paragraph 349(g) of the Act before subparagraph (i) is replaced by the following: (g) an order determining and enforcing the duty or liability of any present or former director, officer, shareholder or member (2) Paragraphs 349(l) and (m) of the Act are replaced by the following: (l) subject to sections 356 to 358, an order approving any proposed, interim or final distribution to shareholders or members, as the case may be, or incorporators, in money or in property; (m) an order disposing of any property belonging to creditors, shareholders, members and incorporators who cannot be found; (3) The portion of paragraph 349(n) of the Act before subparagraph (i) is replaced by the following: (n) on the application of any director, officer, shareholder, member, incorporator, creditor or the liquidator, 2041. (1) Paragraph 350(1)(b) of the Act is replaced by the following:
Emploi et croissa (b) the powers of the directors, shareholders and members are vested in the liquidator and cease to be vested in the directors, shareholders and members, except as specifically authorized by the court. (2) Subsection 350(2) of the Act is replaced by the following:
Delegation by liquidator
(2) A liquidator may delegate any of the powers vested by paragraph (1)(b) to the directors, shareholders or members, if any. 2042. Section 351 of the Act is replaced by the following:
Appointment of liquidator
351. When making an order for the liquidation of a bank, or at any later time, the court may appoint any person, including a director, an officer, a shareholder or a member of the bank or any other bank, as liquidator of the bank. 2043. (1) Paragraph 353(1)(f) of the Act is replaced by the following: (f) maintain separate lists of members and of each class of creditors, shareholders and other persons having claims against the bank; (2) Paragraph 353(1)(i) of the Act is replaced by the following: (i) after the final accounts are approved by the court, distribute any remaining property of the bank among the shareholders, incorporators or members, according to their respective rights. 2044. (1) Paragraph 357(1)(a) of the Act is replaced by the following: (a) for approval of the final accounts of the liquidator and for an order permitting the distribution, in money or in kind, of the remaining property of the bank to its shareholders, or members, if any, or to the incorporators, according to their respective rights; or (2) Subsections 357(2) and (3) of the Act are replaced by the following:
Application by shareholder or member
(2) If a liquidator fails to make the application required by subsection (1), a shareholder of the bank or, if there are no shareholders of the bank, an incorporator — or, if the bank is a
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federal credit union, a member or shareholder of the federal credit union or, if there are no members or shareholders, an incorporator — may apply to the court for an order for the liquidator to show cause why a final accounting and distribution should not be made. Notification of final accounts
(3) A liquidator must give notice of their intention to make an application under subsection (1) to the Superintendent, to each inspector appointed under section 349, to each shareholder of the bank or, if there are no shareholders, to each incorporator and to any person who provided a security or fidelity bond for the liquidation. If the bank is a federal credit union, the liquidator must also give the notice to each member of the federal credit union. 2045. Section 359 of the Act is replaced by the following:
Right to distribution of money
359. (1) If in the course of the liquidation of a bank that is not a federal credit union the shareholders resolve, or the liquidator proposes, to exchange all or substantially all of the remaining property of the bank for securities of another entity that are to be distributed to the shareholders or to the incorporators — or to distribute all or part of the remaining property of the bank to the shareholders or to the incorporators in kind — a shareholder or incorporator may apply to the court for an order requiring the distribution of the remaining property of the bank to be in money.
Right to distribution of money — federal credit union
(2) If in the course of the liquidation of a federal credit union the members resolve, or the liquidator proposes, to exchange all or substantially all of the remaining property of the federal credit union for securities of another entity that are to be distributed to the members or to members and shareholders — or to distribute all or part of the remaining property of the federal credit union to the members or to members and shareholders in kind — a member or shareholder may apply to the court for an order requiring the distribution of the remaining property of the federal credit union to be in money.
2010 Powers of court
Emploi et croissa (3) On an application under subsection (1) or (2) , the court may order (a) all of the remaining property of the bank to be converted into and distributed in money; or (b) the claim of any person applying under this section to be satisfied by a distribution in money.
Order by court
(4) If an order is made by a court under paragraph (3)(b), the court (a) must fix a fair value on the share of the property of the bank attributable to the person; (b) may in its discretion appoint one or more appraisers to assist the court in fixing a fair value in accordance with paragraph (a); and (c) must render a final order against the bank in favour of the person for the amount of the share of the bank’s property attributable to the person. 2046. Section 361 of the Act is replaced by the following:
Definition of “shareholder”, “member” and “incorporator”
361. In sections 363 and 364, “shareholder”, “member” and “incorporator” include the heirs and personal representatives of a shareholder, member or incorporator, respectively. 2047. (1) Subsection 363(1) of the Act is replaced by the following:
Limitations on liability
363. (1) Despite the dissolution of a bank, a shareholder, member or incorporator to whom any of its property has been distributed is liable to any person claiming under subsection 362(1) to the extent of the amount received by that shareholder, member or incorporator on the distribution. (2) Subsection 363(3) of the Act is replaced by the following:
Action against class
(3) A court may order an action referred to in subsections (1) and (2) to be brought against the persons who were shareholders, members or incorporators as a class, subject to any conditions that the court thinks fit. (3) Paragraphs 363(4)(a) and (b) of the Act are replaced by the following:
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(a) add as a party to the proceedings each person found by the plaintiff to have been a shareholder, member or incorporator; (b) determine, subject to subsection (1), the amount that each person who was a shareholder, member or incorporator must contribute towards satisfaction of the plaintiff’s claim; and 2048. Section 364 of the Act is replaced by the following: Persons who cannot be found
364. If a creditor, shareholder, member or incorporator to whom property is to be distributed on the dissolution of a bank cannot be found, the portion of the property to be distributed to that creditor, shareholder, member or incorporator is to be converted into money and paid in accordance with section 366.
1996, c. 6, par. 167(1)(a)
2049. Subsections 366(1) and (2) of the Act are replaced by the following:
Unclaimed money on winding-up
366. (1) Despite the Winding-up and Restructuring Act, if the business of a bank is being wound up, the liquidator or the bank must pay to the Minister on demand and in any event before the final winding-up of that business any amount that is payable by the liquidator or the bank to a creditor, shareholder, member or incorporator of the bank to whom payment of that amount has not, for any reason, been made.
Records
(2) If a liquidator or a bank makes a payment to the Minister under subsection (1) with respect to a creditor, shareholder, member or incorporator, the liquidator or bank must concurrently forward to the Minister all documents, records and registers in the possession of the liquidator or bank that relate to the entitlement of the creditor, shareholder, member or incorporator.
2001, c. 9, s. 97
2050. (1) Subsection 371(1) of the Act is replaced by the following:
Associates
371. (1) For the purpose of determining ownership of a bank, if two persons who each beneficially own shares or membership shares of a bank are associated with each other, those persons are deemed to be a single person who beneficially owns the aggregate number of shares and membership shares of the bank beneficially owned by them.
Emploi et croissa
(2) The portion of subsection 371(2) of the Act before paragraph (a) is replaced by the following: Associates
(2) For the purposes of subsection (1), a person who beneficially owns shares or membership shares of a bank is associated with another person who beneficially owns shares or membership shares of the bank if
2001, c. 9, s. 98; 2007, c. 6, ss. 19(1)(F) and (2)
2051. Sections 372 and 373 of the Act are replaced by the following:
Significant interest
372. Except as permitted by this Part, no person shall have a significant interest in any class of shares, or in membership shares, of a bank.
Acquisition of significant interest
373. (1) Subject to this Part, no person, or entity controlled by a person, shall, without the approval of the Minister, purchase or otherwise acquire any share or membership share of a bank or purchase or otherwise acquire control of any entity that holds any share or membership share of a bank if (a) the acquisition would cause the person to have a significant interest in any class of shares or in membership shares of the bank, as the case may be; or (b) where the person has a significant interest in a class of shares or in membership shares of the bank, the acquisition would increase the significant interest of the person in that class or in the membership shares, as the case may be.
Amalgamation, etc., constitutes acquisition
(2) If the entity that would result from an amalgamation, a merger or a reorganization would have a significant interest in a class of shares or in membership shares of a bank, the entity is deemed to be acquiring a significant interest in that class of shares or in membership shares, as the case may be, through an acquisition for which the approval of the Minister is required under subsection (1).
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2052. Section 374 of the Act is amended by adding the following after subsection (1): Exception — federal credit union
(1.1) Subsection (1) does not apply in respect of a person who is a major shareholder of a federal credit union. 2053. Section 374.1 of the Act is amended by adding the following after subsection (1):
Exception — federal credit union
(1.1) Subsection (1) does not apply in respect of a person who is a major shareholder of a federal credit union. 2054. Section 375 of the Act is amended by adding the following after subsection (1):
Exception — federal credit union
(1.1) Subsection (1) does not apply in respect of a person who is a major shareholder of a federal credit union. 2055. Section 376 of the Act is amended by adding the following after subsection (1):
Exception — federal credit union
(1.1) Subsection (1) does not apply in respect of a federal credit union that controls a bank. 2056. Section 376.01 of the Act is amended by adding the following after subsection (1):
Exception — federal credit union
(1.1) Subsection (1) does not apply in respect of a federal credit union that controls a bank. 2057. Section 376.1 of the Act is renumbered as subsection 376.1(1) and is amended by adding the following:
Exception — federal credit union
(2) Subsection (1) does not apply in respect of a person who has a significant interest in any class of shares of a federal credit union. 2058. Section 376.2 of the Act is renumbered as subsection 376.2(1) and is amended by adding the following:
Exception — federal credit union
(2) Subsection (1) does not apply in respect of a person who has a significant interest in any class of shares of a federal credit union.
Emploi et croissa
2059. Section 377 of the Act is amended by adding the following after subsection (1): Exception — federal credit union
(1.1) Subsection (1) does not apply in respect of a person who controls a federal credit union. 2060. Section 377.1 of the Act is amended by adding the following after subsection (1):
Exception — federal credit union
(1.1) Subsection (1) does not apply in respect of a person who acquires control of a federal credit union. 2061. The Act is amended by adding the following after section 377.1:
Prohibition against control — federal credit union
377.2 (1) No person shall, without the approval of the Minister, control, within the meaning of paragraph 3(1)(a.1) or (d), a federal credit union. (2) The Minister may grant the approval only
Approval
if (a) the control is in relation to a federal credit union that is being incorporated or a body corporate that is being continued as a federal credit union; and (b) the applicant for the approval has given an undertaking under subsection 973.02(1) to cease to control the federal credit union on a date specified by the Minister. 2001, c. 9, s. 98; 2007, c. 6, par. 132(l)
2062. Sections 379 to 381 of the Act are replaced by the following:
Constraint on registration
379. A bank must not, unless the acquisition of the share or membership share has been approved by the Minister, record in its securities register or members register, as the case may be, a transfer or issue of any share or membership share of the bank to any person or to any entity controlled by a person if (a) the transfer or issue of the share or membership share would cause the person to have a significant interest in any class of shares or in membership shares of the bank; or
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(b) the person has a significant interest in a class of shares or in membership shares of the bank and the transfer or issue of the share or membership share would increase the significant interest of the person in that class of shares or in membership shares. Exemption
380. (1) On application by a bank, other than a bank with equity of eight billion dollars or more, the Superintendent may exempt any class of non-voting shares of the bank the aggregate book value of which is not more than 30 per cent of the aggregate book value of all the outstanding shares of the bank from the application of sections 373 and 379.
Exception — federal credit union
(2) Subsection (1) does not apply in respect of a federal credit union.
Exemption — federal credit unions
380.1 On application by a federal credit union, the Superintendent may exempt any class of shares of the federal credit union the aggregate book value of which is not more than 30 per cent of the aggregate book value of all the outstanding shares and membership shares of the federal credit union from the application of sections 373 and 379.
Exception for small holdings
381. Despite section 379, if, as a result of a transfer or issue of shares of a class of shares, or of membership shares, of a bank to a person, the total number of shares of that class registered in the securities register of the bank, or the total number of membership shares registered in the members register of the bank, as the case may be, in the name of that person would not exceed 5,000 and would not exceed 0.1 per cent of the outstanding shares of that class or of the outstanding membership shares, as the case may be, the bank is entitled to assume that no person is acquiring or increasing a significant interest in that class of shares or in membership shares of the bank as a result of that issue or transfer of shares or membership shares. 2063. Section 382 of the Act is amended by adding the following after subsection (1):
2010 Exception — federal credit union
Emploi et croissa (1.1) Subsection (1) does not apply in respect of a person who has a significant interest in any class of shares of a federal credit union. 2064. The Act is amended by adding the following after section 382:
When approval not required — federal credit union
382.1 (1) Despite sections 373 and 379, the approval of the Minister is not required in respect of a federal credit union if a person with a significant interest in a class of shares, or in membership shares, of the federal credit union, or an entity controlled by a person with a significant interest in a class of shares, or in membership shares, of the federal credit union, purchases or otherwise acquires shares of that class, or membership shares, or acquires control of any entity that holds any share of that class, or any membership share, and the number of shares of that class, or the number of membership shares, purchased or otherwise acquired, or the acquisition of control of the entity, as the case may be, would not increase the significant interest of the person in that class of shares or in the membership shares of the federal credit union to a percentage that is greater than the percentage referred to in subsection (2) or (3), whichever is applicable.
Percentage
(2) Subject to subsection (3) and for the purpose of subsection (1), the percentage is 5 percentage points in excess of the significant interest of the person in that class of shares or in the membership shares of the federal credit union on the day of the most recent purchase or acquisition by the person or any entity controlled by the person, other than the entity referred to in subsection (1), of shares of that class of shares, or of membership shares, of the federal credit union, or of control of an entity that held shares of that class of shares, or membership shares, of the federal credit union, for which approval was given by the Minister.
Percentage
(3) If a person has a significant interest in a class of shares or in membership shares of a federal credit union and the person’s percentage of that class of shares, or of membership shares, has decreased after the date of the most recent purchase or other acquisition by the person or any entity controlled by the person, other than
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the entity referred to in subsection (1), of shares of that class of shares, or of membership shares, of the federal credit union, or of control of an entity that held shares of that class of shares, or membership shares, as the case may be, of the federal credit union, for which approval was given by the Minister, the percentage for the purposes of subsection (1) is the percentage that is the lesser of (a) 5 percentage points in excess of the significant interest of the person in that class of shares or in membership shares of the federal credit union on the day of the most recent purchase or other acquisition by the person or any entity controlled by the person, other than the entity referred to in subsection (1), of shares of that class of shares, or of membership shares, of the federal credit union, or of control of an entity that held shares of that class of shares, or membership shares, of the federal credit union, for which approval was given by the Minister, and (b) 10 percentage points in excess of the lowest significant interest of the person in that class of shares or in membership shares of the federal credit union at any time after the day of the most recent purchase or other acquisition by the person or any entity controlled by the person, other than the entity referred to in subsection (1), of shares of that class of shares, or of membership shares, of the federal credit union, or of control of an entity that held shares of that class of shares, or membership shares, of the federal credit union, for which approval was given by the Minister. Exception
(4) Subsection (1) does not apply if the purchase or other acquisition of shares or membership shares or the acquisition of control referred to in that subsection would (a) result in the acquisition of control of the federal credit union by the person referred to in that subsection; (b) result in the acquisition of a significant interest in a class of shares, or in membership shares, of the federal credit union by an entity
Emploi et croissa controlled by the person and the acquisition of that investment is not exempted by the regulations; or (c) result in an increase in a significant interest in a class of shares, or in membership shares, of the federal credit union by an entity controlled by the person by a percentage that is greater than the percentage referred to in subsection (2) or (3), whichever applies, and the increase is not exempted by the regulations.
Regulations
(5) The Governor in Council may make regulations (a) exempting from the application of paragraph (4)(b) the acquisition of a significant interest in a class of shares, or in membership shares, of the federal credit union by an entity controlled by the person; and (b) exempting from the application of paragraph (4)(c) an increase in a significant interest in a class of shares, or in membership shares, of the federal credit union by an entity controlled by the person by a percentage that is greater than the percentage referred to in subsection (2) or (3), whichever applies.
2001, c. 9, s. 98
2065. Paragraph 383(1)(a) of the Act is replaced by the following: (a) the Superintendent has, by order, directed the bank to increase its capital and shares or membership shares of the bank are issued and acquired in accordance with the terms and conditions, if any, that may be specified in the order; or
2001, c. 9, s. 98
2066. Paragraphs 384(a) and (b) of the Act are replaced by the following: (a) the purchase or other acquisition of any number or percentage of shares or membership shares of a bank that may be required in a particular transaction or series of transactions; or (b) the purchase or other acquisition of up to a specified number or percentage of shares or membership shares of a bank within a specified period.
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2067. Section 385 of the Act is amended by adding the following after subsection (1): Exception — federal credit union
(1.1) Subsection (1) does not apply in respect of a federal credit union.
2001, c. 9, s. 98
2068. (1) The portion of subsection 392(1) of the Act before paragraph (b) is replaced by the following:
Restriction on voting rights
392. (1) If, with respect to any bank, a particular person contravenes section 372, subsection 373(1), 374(1) or 375(1), section 376.1 or 376.2, subsection 377(1) or section 377.1 or 377.2 or fails to comply with an undertaking referred to in subsection 390(2) or with any term or condition imposed under section 397, no person, and no entity controlled by the particular person, shall, in person, by proxy or by delegate, exercise any voting rights (a) that are attached to shares of the bank beneficially owned by the particular person or any entity controlled by the particular person; (a.1) that may be exercised by a member of a federal credit union if the bank is a federal credit union; or
2001, c. 9, s. 98
(2) Paragraph 392(2)(a) of the Act is replaced by the following: (a) the shares or membership shares to which the contravention relates have been disposed of;
2001, c. 9, s. 98
2069. (1) Paragraph 396(1)(h) of the Act is replaced by the following: (h) the best interests of the financial system in Canada, including, if the bank is a federal credit union, the best interests of the cooperative financial system in Canada.
2001, c. 9, s. 98; 2007, c. 6, par. 132(u)
(2) Paragraph 396(2)(a) of the Act is replaced by the following: (a) more than 10 per cent but no more than 20 per cent of any class of the outstanding voting shares of a widely held bank with equity of eight billion dollars or more that is not a federal credit union; or
Emploi et croissa
(3) Section 396 of the Act is amended by adding the following after subsection (2): Exception
(2.1) Subject to subsection 377.2(1), the Minister is to take into account only paragraph (1)(d) if the application is in respect of a transaction that would result in the applicant or applicants holding more than 10 per cent but no more than 30 per cent of any class of the outstanding shares, or of membership shares, of a federal credit union. 2070. The Act is amended by adding the following after section 401.1:
Federal credit union constraints
401.11 Subject to this Act, a federal credit union may by by-law impose, change or remove restrictions on the issue, transfer or ownership of its membership shares, or shares of any class of the shares of the federal credit union, in order to prevent a person from having a significant interest in the membership shares or shares of that class.
2001, c. 9, s. 98
2071. (1) The portion of subsection 401.2(1) of the Act before paragraph (a) is replaced by the following:
Constraining registration: Crown and foreign governments
401.2 (1) No bank is to record in its securities register or members register a transfer or issue of any share or membership share of the bank to
2001, c. 9, s. 98
(2) Subsection 401.2(2) of the Act is replaced by the following:
Exception
(2) Despite subsection (1), a bank may record in its securities register or members register a transfer or issue of any share or membership share of the bank to a foreign bank, or to a foreign institution, that is controlled by the government of a foreign country or any political subdivision of a foreign country or any agent or agency of a foreign country if the bank is a subsidiary of the foreign bank or foreign institution.
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2001, c. 9, s. 98
2072. Subsection 401.3(2) of the Act is replaced by the following:
Suspension of voting rights held by governments
(2) Despite subsection 79.2(2), a member of a federal credit union must not, in person or by delegate, vote as a member of the federal credit union if the member is, or is an entity controlled by,
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(a) Her Majesty in right of Canada or of a province or any agency of Her Majesty in either of those rights; or (b) the government of a foreign country or any political subdivision thereof, or any agency thereof. Exception
(3) Subsections (1) and (2) do not apply to a foreign bank, or to a foreign institution, that is controlled by the government of a foreign country or any political subdivision of a foreign country or any agent or agency of a foreign country and that has a significant interest in a class of shares, or in membership shares, of a bank that is a subsidiary of the foreign bank or foreign institution.
2001, c. 9, s. 99(1)
2073. Subsection 402(1) of the Act is replaced by the following:
Disposition
402. (1) If, with respect to any bank, a person contravenes section 372 or subsection 373(1), 374(1) or 375(1) or section 376.1 or 376.2, subsection 377(1) or section 377.1 or 377.2 or fails to comply with an undertaking referred to in subsection 390(2) or with any terms and conditions imposed under section 397, the Minister may, if the Minister considers it in the public interest to do so, by order, (a) dispose of any number of shares of the bank beneficially owned by any of those persons that the Minister specifies in the order, within the time specified in the order and in the proportion, if any, as between the person and the persons controlled by that person that is specified in the order; (b) dispose of any number of membership shares of the bank beneficially owned by any of those persons that the Minister specifies in the order, within the time specified in the
Emploi et croissa order and in the proportion, if any, as between the person and the persons controlled by that person that is specified in the order; or (c) take any other action that is necessary for any of those persons to cease controlling, within the meaning of paragraph 3(1)(a.1), the federal credit union.
2007, c. 6, s. 22
2074. Section 402.1 of the Act is replaced by the following:
Permission to become another body corporate
402.1 If subsection 402(1) applies, the Minister may, on application by the bank, permit the bank to apply to be continued as a body corporate under any Act of Parliament referred to in subsection 39.1(1) or 39.2(1) instead of, or in addition to, issuing an order under subsection 402(1). 2075. Subsection 403(2) of the Act is replaced by the following:
Court order
(2) A court may, on an application under subsection (1), make any order that the circumstances require to give effect to the terms of the direction, including requiring the bank concerned to sell the shares, or to redeem, purchase or transfer to another member the membership shares, that are the subject-matter of the direction. 2076. (1) Paragraphs 405(1)(a) and (b) of the Act are replaced by the following: (a) require any person in whose name a share or membership share of the bank is held to submit a declaration setting out (i) the beneficial ownership of the share or membership share, and (ii) any other information that the directors consider relevant for the purposes of this Part; (b) require any person who wishes to have a transfer of a share or membership share registered in the name of, or to have a share or membership share issued to, that person to submit a declaration referred to in paragraph (a) as though the person were the holder of that share or membership share; and (2) Subsection 405(2) of the Act is replaced by the following:
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Order of Superintendent
(2) The Superintendent may, by order, direct a bank to obtain from any person in whose name a share or membership share of the bank is held a declaration setting out the name of every entity controlled by that person and containing information concerning
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(a) the ownership or beneficial ownership of the share or membership share; and (b) such other related matters as are specified by the Superintendent. (3) Subsection 405(4) of the Act is replaced by the following: Outstanding declaration: effect
(4) If, under this section, a declaration is required to be submitted by a shareholder, member or other person in respect of the issue or transfer of any share or membership share, a bank may refuse to issue the share or membership share or register the transfer unless the required declaration is submitted.
2001, c. 9, s. 127
2077. The definition “participating share” in subsection 464(1) of the Act is replaced by the following:
“participating share” « action participante »
“participating share” means a share of a body corporate that carries the right to participate in the earnings of the body corporate to an unlimited degree and to participate in a distribution of the remaining property of the body corporate on dissolution and includes a membership share. 2078. (1) Paragraph 486(1)(a) of the Act is replaced by the following: (a) is a person who has a significant interest in a class of shares or in membership shares of the bank;
1997, c. 15, s. 68(3)
(2) Paragraph 486(1)(g) of the English version of the Act is replaced by the following: (g) is a person, or forms part of a class of persons, designated under subsection (3) or (4) as, or deemed under subsection (5) to be, a related party of the bank. 2079. Paragraphs 487(2)(a) and (b) of the Act are replaced by the following:
Emploi et croissa (a) the issue of shares of any class of shares, or of membership shares, of a bank when fully paid for in money or when issued (i) in accordance with any provisions for the conversion of other issued and outstanding securities of the bank into shares of that class of shares, or into membership shares, (ii) as a share or membership share dividend, (iii) in exchange for shares, or membership shares, however designated, of a body corporate that has been continued as a bank under Part III, (iv) in accordance with the terms of an amalgamation under Part VI, (v) by way of consideration in accordance with the terms of a sale agreement under Part VI, or (vi) with the approval in writing of the Superintendent, in exchange for shares of another body corporate; (b) the payment of dividends or patronage allocations by a bank;
1996, c. 6, s. 14
2080. Paragraph 647(2)(c) of the Act is replaced by the following: (c) each person who is newly elected as a director of the bank and who was not proposed for election by anyone involved in the management of the bank,
1996, c. 6, s. 17; 1999, c. 28, ss. 51(1) and (2) (E)
2081. Subsection 649(1) of the Act is replaced by the following:
Powers suspended
649. (1) If the Superintendent takes control of a bank pursuant to subparagraph 648(1)(b)(iii), the powers, duties, functions, rights and privileges of the directors of the bank and of the officers of the bank responsible for its management are suspended. If the bank is a federal credit union, the powers of the members to make, amend or repeal by-laws are also suspended.
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1999, c. 28, s. 56
2082. Section 655 of the Act is replaced by the following:
Priority of claim in liquidation
655. In the case of the winding-up of a bank, the expenses resulting from the taking of control of the bank under subsection 648(1) and assessed against and paid by other banks and by authorized foreign banks under section 23 of the Office of the Superintendent of Financial Institutions Act, and interest in respect of the expenses at any rate that is specified by the Superintendent, constitute a claim of Her Majesty in right of Canada against the assets of the bank that ranks after all other claims but prior to any claim in respect of the shares or membership shares of the bank.
2001, c. 9, s. 183
2083. Subsection 682(1) of the Act is replaced by the following:
Federal corporations
682. (1) A body corporate incorporated under the Canada Business Corporations Act or any other Act of Parliament, including a bank but not including a federal credit union, may apply to the Minister for letters patent continuing the body corporate as a bank holding company under this Part.
2001, c. 9, s. 183
2084. Subsection 803(1) of the Act is replaced by the following:
Application to amalgamate
803. (1) On the joint application of two or more bodies corporate incorporated by or under an Act of Parliament, including banks and bank holding companies but not including federal credit unions, the Minister may issue letters patent amalgamating and continuing the applicants as one bank holding company.
2001, c. 9, s. 183
2085. (1) The portion of section 965 of the Act before paragraph (a) is replaced by the following:
Notice to directors, shareholders and members
965. A notice or document required by this Act or the regulations or by the incorporating instrument or by-laws of a bank or a bank holding company to be sent to a shareholder, member or director of the bank, or to a shareholder or director of the bank holding company, may be sent by prepaid mail addressed to, or may be delivered personally to,
Jobs and Econ
Emploi et croissa (2) Section 965 of the Act is amended by striking out “and” at the end of paragraph (a), by adding “and” at the end of paragraph (b) and by adding the following after paragraph (b): (c) the member at the member’s latest address as shown in the records of the bank.
2001, c. 9, s. 183; 2005, c. 54, s. 133
2086. Section 967 of the Act is replaced by the following:
Presumption of receipt
967. (1) A notice or document sent by mail in accordance with section 965 to a shareholder, member or director is deemed to be received by that person at the time it would be delivered in the ordinary course of mail unless there are reasonable grounds for believing that that person did not receive the notice or document at that time or at all.
Undelivered notices
(2) If a bank or bank holding company sends a notice or document to a shareholder or member in accordance with section 965 and it is returned on two consecutive occasions because the shareholder or member cannot be found, the bank or bank holding company is not required to send any further notices or documents to the shareholder or member until it is informed in writing of their new address.
2001, c. 9, s. 183
2087. (1) Subsection 969(1) of the English version of the Act is replaced by the following:
Certificate
969. (1) A certificate issued on behalf of a bank or a bank holding company stating any fact that is set out in the incorporating instrument, the by-laws, the minutes of the meetings of the directors, a committee of directors or the shareholders or members, or in a contract to which the bank or bank holding company is a party, may be signed by a director or an officer of the bank or bank holding company. (2) Subsection 969(2) of the Act is amended by striking out “or” at the end of paragraph (b) and by adding the following after that paragraph: (b.1) a certified extract from the members register of a federal credit union; or
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2001, c. 9, s. 183
(3) Paragraph 969(2)(c) of the English version of the Act is replaced by the following:
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(c) a certified copy of, or an extract from, minutes of a meeting of shareholders, directors or a committee of directors of a bank or a bank holding company or of a meeting of members of a federal credit union. 2088. Section 970 of the Act is renumbered as subsection 970(1) and is amended by adding the following: Entry in members register
(2) An entry in the members register of a federal credit union is evidence that the person in whose name the membership share is registered is the owner of the membership share in the register. 2089. (1) Subsection 973.01(1) of the Act is amended by striking out “and” at the end of paragraph (a), by adding “and” at the end of paragraph (b) and by adding the following after paragraph (b): (c) if the approval relates to a federal credit union, whether the approval will affect its ability to be organized and carry on business on a cooperative basis in accordance with section 12.1.
(2) Subsection 973.01(2) of the Act is amended by striking out “and” at the end of paragraph (a), by adding “and” at the end of paragraph (b) and by adding the following after paragraph (b): (c) if the approval relates to a federal credit union, whether the approval will affect its ability to be organized and carry on business on a cooperative basis in accordance with section 12.1.
2009, c. 2, s. 275
2090. (1) Subsection 973.2(6) of the Act is replaced by the following:
Acquisition
(6) Despite Part X of the Financial Administration Act, the Minister or an agent or agency of Her Majesty in right of Canada may, on any terms and conditions imposed under subsection
Emploi et croissa (3), acquire and hold shares of a bank on behalf of or in trust for Her Majesty if, as a result of an order under subsection (1), the bank may record in its securities register or members register, as the case may be, the transfer or issue of shares to Her Majesty or an agent or agency of Her Majesty.
2009, c. 2, s. 275
(2) Subsection 973.2(8) of the Act is replaced by the following:
Registration of shares
(8) Shares acquired under subsection (6) by the Minister or an agent or agency of Her Majesty in right of Canada are to be registered in the name of the Minister, agent or agency, as the case may be, in the bank’s securities register or members register, as the case may be, if they are capable of being registered in it, and they are to be held by the Minister, agent or agency, as the case may be, on behalf of or in trust for Her Majesty.
2009, c. 2, s. 275
(3) Subsection 973.2(15) of the Act is replaced by the following:
Definition of “shares”
(15) For the purposes of this section, “shares” includes membership shares and any conversion or exchange privilege, option or right to acquire shares.
2001, c. 9, s. 183
2091. Paragraph 976(1)(a) of the Act is replaced by the following: (a) applications for approval under subsection 65(1), 72(2), 75(4), 79(5), 79.1(2), 80(1), 170(1), 192.03(6), 217(3), 421(1), 468(6) or (11), 471(1) or (2) or 482(1), subparagraph 487(2)(a)(vi), section 490 or subsection 494(3) or (4), 495.3(1), 553.1(1), 709(1), 716(2), 718(4), 723(1), 758(1), 924(1), 930(6) or (11), 933(1) or 944(1);
2001, c. 9, s. 183
2092. Paragraph 978(1)(j) of the Act is replaced by the following: (j) respecting the holding of shares, membership shares and ownership interests for the purposes of sections 70, 74 and 714; 2093. (1) Section 983 of the Act is amended by adding the following after subsection (2):
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Unauthorized name — “credit union” and “bank”
(2.01) Subject to the regulations and subsections (4) to (5.1) and (12), every entity, other than a federal credit union, that acquires, adopts or retains a name that includes both the phrase “credit union” and the word “bank”, either alone or in combination with other words, to indicate or describe a business in Canada or any part of a business in Canada, without being authorized to do so by this Act or any other Act of Parliament, is guilty of an offence.
Unauthorized name — “credit union” and “federal”
(2.02) Subject to the regulations and subsections (4) to (5.1) and (12), every entity, other than a federal credit union, that acquires, adopts or retains a name that includes both the phrase “credit union” and the word “federal”, either alone or in combination with other words, to indicate or describe a business in Canada or any part of a business in Canada, without being authorized to do so by this Act or any other Act of Parliament, is guilty of an offence.
Unauthorized name — “cooperative” and “bank”
(2.03) Subject to the regulations and subsections (4) to (5.1) and (12), every entity, other than a federal credit union, that acquires, adopts or retains a name that includes both of the words “cooperative” and “bank”, either alone or in combination with other words, to indicate or describe a business in Canada or any part of a business in Canada, without being authorized to do so by this Act or any other Act of Parliament, is guilty of an offence.
Unauthorized name — “cooperative” and “federal”
(2.04) Subject to the regulations and subsections (4) to (5.1) and (12), every entity, other than a federal credit union, that acquires, adopts or retains a name that includes both of the words “cooperative” and “federal”, either alone or in combination with other words, to indicate or describe a business in Canada or any part of a business in Canada, without being authorized to do so by this Act or any other Act of Parliament, is guilty of an offence.
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(2) Section 983 of the Act is amended by adding the following after subsection (4): Permitted use
(4.1) No person commits an offence under any of subsections (2.01) to (2.04) if the activity referred to in that subsection is done (a) in relation to a prescribed use;
Emploi et croissa (b) under prescribed circumstances; or (c) in accordance with a prescribed approval and any terms and conditions that the Minister may impose.
2007, c. 6, s. 129(4)
(3) Subsection 983(5.1) of the Act is replaced by the following:
Permitted use
(5.1) No person commits an offence under subsections (2) to (2.1) if the activity referred to in that subsection is in relation to a business that is not engaged in financial activities, unless the business is carried out by a prescribed entity.
2007, c. 6, s. 129(4)
(4) Subsection 983(5.3) of the Act is replaced by the following:
Permitted use
(5.3) Subject to the regulations, no entity affiliated with a bank commits an offence by reason only that the entity uses the name of the bank in the entity’s corporate name or in a name under which the entity carries on business or by reason only that it uses any identifying mark of the bank in carrying on its business, if the entity does not use any of the words “bank”, “banker” or “banking” or the phrase “federal credit union” in its corporate name, in a name under which it carries on business or in any of its identifying marks.
(5) Section 983 of the Act is amended by adding the following after subsection (13): Phrase “credit union”
(13.1) For the purposes of this section, the phrase “credit union” includes (a) that phrase in any language; and (b) any word or words, in any language, that are equivalent to any of the words in that phrase.
Words “cooperative” and “federal”
(13.2) For the purposes of this section, the words “cooperative” and “federal” include (a) any of those words in any language; and
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(b) any word or words, in any language, that are equivalent to any of those words.
R.S., c. C-3
CANADA DEPOSIT INSURANCE CORPORATION ACT
1992, c. 26, s. 1(2)
2094. (1) The definition “share” in section 2 of the Canada Deposit Insurance Corporation Act is replaced by the following:
“share” « action »
“share” includes (a) a conversion or exchange privilege, issued by a member institution, that is convertible at any time into a share, (b) an option or a right, issued by a member institution, to acquire a share or a privilege referred to in paragraph (a), and (c) a membership share within the meaning of section 2 of the Bank Act; (2) Section 2 of the Act is amended by adding the following in alphabetical order:
“federal credit union” « coopérative de crédit fédérale »
“local cooperative credit society” « société coopérative de crédit locale »
“federal credit union” has the same meaning as in section 2 of the Bank Act; “local cooperative credit society” has the same meaning as in section 2 of the Bank Act;
“shareholder” « actionnaire »
“shareholder” includes the holder of a membership share of a federal credit union;
R.S., c. 18 (2nd Supp.), s. 1(1)
2095. Paragraph 5(1.1)(c) of the Act is replaced by the following: (c) a director, officer or employee of a federal institution, a provincial institution or a local cooperative credit society. 2096. Paragraph 6(3)(c) of the Act is replaced by the following:
Emploi et croissa (c) is a director, officer or employee of a federal institution, a provincial institution or a local cooperative credit society.
2009, c. 2, s. 235
2097. Paragraph 10.01(1)(a) of the Act is replaced by the following: (a) sections 47.03, 47.04, 47.06, 47.09, 47.11, 47.15, 47.17, 47.18 and 60.1, subsection 79.2(1) and sections 372, 373, 374, 375, 376, 376.1, 376.2, 377, 377.1, 377.2 379, 382.1, 385, 401.11, 401.2 and 401.3 of the Bank Act; 2098. The Act is amended by adding the following after section 12:
Definitions
“continuation day” « date de prorogation »
“pre-existing deposit” « dépôt préexistant »
“transition period” « période transitoire »
12.1 (1) The following definitions apply in this section. “continuation day”, in respect of a local cooperative credit society continued as a federal credit union, means the day set out in the federal credit union’s letters patent continuing the local cooperative credit society as a federal credit union. “pre-existing deposit” means a deposit that was made with a local cooperative credit society before it is continued as a federal credit union and that remains outstanding on the continuation day. “transition period”, in respect of a pre-existing deposit, means (a) in the case of a pre-existing deposit that is to be repaid on a fixed day, the period that begins on the continuation day and ends on that fixed day; and (b) in the case of any other pre-existing deposit, the period that begins on the continuation day and ends on the day that is 180 days after the continuation day.
Duty to insure certain preexisting deposits
(2) Despite paragraph 12(c) and subsection 3(1.1) of the schedule, but subject to the other provisions of this Act, if a pre-existing deposit is held by a federal credit union that is a member institution and all or a portion of the pre-existing deposit would have been guaranteed or insured under the law of a province if the local cooperative credit society had not been continued as a federal credit union, the
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Corporation shall insure the pre-existing deposit during the transition period up to the amount that would have been guaranteed or insured under the law of that province. Duty to insure certain preexisting deposits repayable on a fixed day
(3) Despite paragraph 2(2)(a) of the schedule, the Corporation shall insure a pre-existing deposit during the transition period if the deposit is held by a federal credit union that is a member institution and (a) is repayable on a fixed day that is more than five years after the deposit was made with the local cooperative credit society that was continued as a federal credit union; and (b) would have been guaranteed or insured under the law of a province if the local cooperative credit society had not been continued as a federal credit union.
Deemed separate deposit
(4) During the transition period, a preexisting deposit, less any withdrawals from the pre-existing deposit, is deemed, for the purposes of deposit insurance with the Corporation, to be a deposit separate from any deposit made on or after the continuation day.
1996, c. 6, s. 25
2099. Subsection 13(3) of the Act is replaced by the following:
Exception
(2.1) A deposit that is insured under subsection 12.1(2) is not to be taken into account when calculating the aggregate of a person’s deposits under subsection (2).
Where assets acquired
(3) For the purpose of deposit insurance with the Corporation, if a member institution assumes deposit liabilities of another member institution, those member institutions are deemed to be amalgamating institutions and subsections (1) to (2.1) apply if a person has deposits with both institutions. 2100. Section 39.13 of the Act is amended by adding the following after subsection (2):
Federal credit union
(2.1) In addition to subsection (2), if an order made under paragraph (1)(a) is in respect of a federal credit union, the Corporation has the powers, rights and privileges it would have if it were a member of the federal credit union and the federal credit union is exempt from any
Emploi et croissa requirement to have a minimum number of members for so long as the shares are vested in the Corporation. 2101. Section 39.14 of the Act is amended by adding the following after subsection (1):
Suspension of powers, rights, etc.
(1.1) In addition to subsection (1), if an order made under paragraph 39.13(1)(a) or (b) is in respect of a federal credit union, the powers, rights and privileges of its members are suspended, but nothing in this subsection affects the powers, rights and privileges of the Corporation under subsection 39.13(2.1).
2001, c. 9, s. 213(1)
2102. Paragraph 39.19(1)(a) of the Act is replaced by the following: (a) section 12.1, paragraph 28(1)(a.1), section 35.1, paragraphs 40(f) and (g), sections 40.1, 47.03, 47.04, 47.06, 47.11, 47.12, 47.15, 47.17 and 47.18, subsection 53(2), paragraph 54(1)(b), section 60.1, subsections 79.2(1) and (2) and sections 159.1, 372, 373, 374, 375, 376, 376.1, 376.2, 377, 377.1, 377.2, 379, 382.1, 385, 401.11, 401.2 and 401.3 of the Bank Act; 2103. The Act is amended by adding the following after section 39.19:
Provisions do not apply
39.191 (1) Section 12.1, paragraph 28(1)(a.1), section 35.1, paragraphs 40(f) and (g), section 40.1, 47.11, 47.12, 47.15 and 47.18, subsection 53(2), paragraph 54(1)(b) and section 159.1 of the Bank Act do not apply if the Corporation is appointed as receiver of a federal member institution that is a federal credit union by an order made under paragraph 39.13(1)(b).
Termination
(2) Subsection (1) ceases to apply in respect of a federal member institution on the date specified in a notice described in subsection 39.2(3) in respect of the federal member institution.
2001, c. 9, s. 214
2104. Section 45.2 of the Act is replaced by the following:
Confidentiality
45.2 All information regarding the affairs of a federal institution, provincial institution or local cooperative credit society, or of any person
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dealing with it, that is obtained or produced by or for the Corporation is confidential and must be treated accordingly. 2105. The references after the heading “SCHEDULE” in the schedule to the Act is amended by adding a reference to subsections 12.1(2) and (3). 2106. (1) The definition “date of deposit” in section 1 of the schedule to the Act is replaced by the following: “date of deposit” « date du dépôt »
“date of deposit” means, with respect to any moneys constituting a deposit, the day on which credit for the moneys is given to the account of the depositor or the day on which an instrument is issued for the moneys by the institution, as the case may be; (2) Section 1 to the schedule of the Act is amended by adding the following in alphabetical order:
“patronage allocation” « ristourne »
“patronage allocation” has the same meaning as in section 2 of the Bank Act;
R.S., c. 18 (3rd Supp.), s. 72
2107. (1) The portion of subsection 2(1) of the schedule to the Act before paragraph (a) is replaced by the following:
Definition of “deposit”
2. (1) Subject to subsection (2), for the purposes of this Act and the by-laws of the Canada Deposit Insurance Corporation, “deposit” means the unpaid balance of the aggregate of moneys received or held by a federal institution, provincial institution or local cooperative credit society, from or on behalf of a person in the usual course of the deposit-taking business of the institution, for which the institution (2) Paragraph 2(2)(b) of the schedule to the Act is replaced by the following: (b) moneys held by the institution that were received by it when it was not a federal institution, a provincial institution or a local cooperative credit society. (3) Section 2 of the schedule to the Act is amended by adding the following after subsection (6):
Emploi et croissa
Patronage allocation
(7) A patronage allocation does not constitute a deposit.
R.S., c. 1 (5th Supp.)
INCOME TAX ACT 2108. Clauses (ii)(A) and (B) in the description of C in paragraph 61.3(1)(b) of the Income Tax Act are replaced by the following: (A) where the corporation is not an insurance corporation, a federal credit union or a bank to which clause (B) or (C) applies and the balance sheet as of the end of the year was presented to the shareholders of the corporation and was prepared in accordance with generally accepted accounting principles, be considered to be the total liabilities shown on the balance sheet, (B) where the corporation is a bank, a federal credit union or an insurance corporation that is required to report to the Superintendent of Financial Institutions and the balance sheet as of the end of the year was accepted by the Superintendent, be considered to be the total liabilities shown on that balance sheet, 2109. (1) The definition “bank” in subsection 248(1) of the Act is replaced by the following:
“bank” « banque »
“bank” means a bank within the meaning assigned by section 2 of the Bank Act (other than a federal credit union) or an authorized foreign bank; (2) Subsection 248(1) of the Act is amended by adding the following in alphabetical order:
“federal credit union” « coopérative de crédit fédérale »
“federal credit union” has the meaning assigned by section 2 of the Bank Act;
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R.S., c. B-2
Bank of Canada Act 2110. Section 6 of the Bank of Canada Act is amended by adding the following after subsection (4):
Prohibitions — federal credit union
(5) Neither the Governor nor the Deputy Governor shall (a) directly or indirectly hold any interest or right in membership shares of a federal credit union, within the meaning of section 2 of the Bank Act, in excess of the minimum number of membership shares of the federal credit union that is required for membership; or (b) exercise any right he or she has as a member of such a federal credit union, except any right that he or she has as a customer of the federal credit union. 2111. Section 10 of the Act is amended by adding the following after subsection (3):
Restriction — membership shares of federal credit union
(3.1) If a federal credit union is an institution referred to in any of paragraph (2)(a) to (e), any person who, at the time of being appointed director of the Bank, directly or indirectly holds any interest or right in more than the minimum number of membership shares of the federal credit union, within the meaning of section 2 of the Bank Act, that is required for membership shall, within three months after the appointment, dispose of all membership shares that exceed that minimum number.
Restriction — rights of members
(3.2) If a federal credit union is an institution referred to in any of paragraph (2)(a) to (e), no director of the Bank who is a member of a federal credit union, within the meaning of section 2 of the Bank Act, shall exercise any right that the director has as a member of the federal credit union, except any right that the director has as a customer of the federal credit union.
1997, c. 15, s. 101(E)
2112. Paragraph 23(b) of the Act is replaced by the following:
Emploi et croissa (b) purchase, or make loans on the security of, its own shares or the shares or membership shares of any bank, except the Bank for International Settlements;
1998, c. 1
Canada Cooperatives Act 2113. Section 285 of the Canada Cooperatives Act is amended by adding the following after subsection (11):
Federal credit union
(11.1) If a federal credit union, within the meaning of section 2 of the Bank Act, is continued as a cooperative under this Act, (a) its membership shares are deemed to be membership shares to which are attached the rights, privileges and restrictions set out in this Act and the articles; (b) the members of the federal credit union are deemed to be the members of the cooperative; and (c) any agreement made before continuance under which the members of the federal credit union have agreed to vote in a manner provided in the agreement is of no effect.
1991, c. 48
Cooperative Credit Associations Act 2114. Section 2 of the Cooperative Credit Associations Act is amended by adding the following in alphabetical order:
“federal credit union” « coopérative de crédit fédérale »
“federal credit union” has the same meaning as in section 2 of the Bank Act;
2007, c. 6, s. 140
2115. (1) The portion of subsection 31.6(2) of the Act before paragraph (a) is replaced by the following:
Membership shares — body corporate
(2) When a body corporate other than a federal credit union is continued as an association, (2) Section 31.6 of the Act is amended by adding the following after subsection (2):
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Membership shares — federal credit union
(3) When a federal credit union is continued as an association,
Jobs and Econ
(a) its membership shares are deemed to be membership shares of the association to which are attached the rights, privileges and restrictions set out in this Act; (b) the members of the federal credit union are deemed to be the members of the association; and (c) any agreement made before continuance under which the members of the federal credit union have agreed to vote in a manner provided in the agreement is of no effect.
2001, c. 9
Financial Consumer Agency of Canada Act 2116. Section 14 of Financial Consumer Agency of Canada Act is renumbered as subsection (1) and is amended by adding the following:
Prohibitions — federal credit union
(2) No Commissioner, person appointed under subsection 4(4) or Deputy Commissioner shall (a) directly or indirectly hold any interest or right in membership shares of a federal credit union, within the meaning of section 2 of the Bank Act, in excess of the minimum number of membership shares of the federal credit union that is required for membership; or (b) exercise any right he or she has as a member of such a federal credit union, except any right that he or she has as a customer of the federal credit union.
1991, c. 47
Insurance Companies Act 2117. Subsection 2(1) of the Insurance Companies Act is amended by adding the following in alphabetical order:
“federal credit union” « coopérative de crédit fédérale »
“federal credit union” has the same meaning as in section 2 of the Bank Act;
Emploi et croissa
2001, c. 9, s. 357
2118. Subsection 32(1) of the Act is replaced by the following:
Federal corporations
32. (1) A body corporate incorporated under the Canada Business Corporations Act or any other Act of Parliament, including an insurance holding company but not including a federal credit union, may apply to the Minister for letters patent continuing the body corporate as a company under this Act.
2001, c. 9, s. 390
2119. Subsections 245(1) and (2) of the Act are replaced by the following:
Application to amalgamate
245. (1) On the joint application of two or more bodies corporate, incorporated by or under an Act of Parliament, including companies and insurance holding companies but not including federal credit unions, the Minister may issue letters patent amalgamating and continuing the applicants as one mutual company.
Application to amalgamate
(2) On the joint application of two or more bodies corporate incorporated by or under an Act of Parliament, including companies — other than mutual companies — and insurance holding companies but not including federal credit unions, the Minister may issue letters patent amalgamating and continuing the applicants as one company.
2001, c. 9, s. 465
2120. Subsection 719(1) of the Act is replaced by the following:
Federal corporations
719. (1) A body corporate incorporated under the Canada Business Corporations Act or any other Act of Parliament, including a company but not including a federal credit union, may apply to the Minister for letters patent continuing the body corporate as an insurance holding company under this Part.
2001, c. 9, s. 465
2121. Section 857 of the Act is replaced by the following:
Application to amalgamate
857. On the joint application of two or more bodies corporate incorporated by or under an Act of Parliament, including a company or an insurance holding company but not including a
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mutual company or a federal credit union, the Minister may issue letters patent amalgamating and continuing the applicants as one insurance holding company.
R.S., c. 18 (3rd Supp.), Part I
Office of the Superintendent of Financial Institutions Act 2122. Section 19 of the Office of the Superintendent of Financial Institutions Act is renumbered as subsection 19(1) and is amended by adding the following:
Prohibitions — federal credit union
(2) No member of the committee referred to in section 18, person appointed under subsection 5(5) or Deputy Superintendent shall (a) directly or indirectly hold any interest or right in membership shares of a federal credit union, within the meaning of section 2 of the Bank Act, in excess of the minimum number of membership shares of the federal credit union that is required for membership; or (b) exercise any right he or she has as a member of such a federal credit union, except any right that he or she has as a customer of the federal credit union.
1991, c. 45
Trust and Loan Companies Act 2123. Section 2 of the Trust and Loan Companies Act is amended by adding the following in alphabetical order:
“federal credit union” « coopérative de crédit fédérale »
“federal credit union” has the same meaning as in section 2 of the Bank Act;
1994, c. 24, par. 34(1)(q)(F)
2124. Subsection 31(1) of the Act is replaced by the following:
Federal corporations
31. (1) A body corporate incorporated under the Canada Business Corporations Act or any other Act of Parliament, other than a federal credit union, may apply to the Minister for letters patent continuing the body corporate as a company under this Act.
Emploi et croissa 2125. Paragraphs 228(b) and (c) of the Act are replaced by the following: (b) one or more companies and one or more bodies corporate that are incorporated by or under an Act of Parliament, other than a federal credit union, or (c) two or more bodies corporate incorporated by or under an Act of Parliament, other than a federal credit union,
R.S., c. W-11
Winding-up and Restructuring Act 2126. Subsection 2(1) of the Winding-up and Restructuring Act is amended by adding the following in alphabetical order:
“federal credit union” « coopérative de crédit fédérale »
“federal credit union” has the same meaning as in section 2 of the Bank Act;
2007, c. 6, s. 444
2127. The portion of paragraph 3(i) of the Act before subparagraph (i) is replaced by the following: (i) if, in the case of a company that is a federal member institution, within the meaning assigned to that expression by the Canada Deposit Insurance Corporation Act, the shares and subordinated debt of which — and, if the federal member institution is a federal credit union, the membership shares of which — have been vested in the Canada Deposit Insurance Corporation by order of the Governor in Council under paragraph 39.13(1)(a) of the Canada Deposit Insurance Corporation Act, a transaction or series of transactions referred to in subsection 39.2(1) of that Act is not, in the opinion of the Corporation, substantially completed on or before the date that is not later than 2128. Paragraph 6(1)(b) of the Act is replaced by the following: (b) is in liquidation or in the process of being wound up and, on petition by any of its shareholders or creditors, assignees or liquidators — or , if it is a federal credit union, by
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any of its members, shareholders, creditors, assignees or liquidators — asks to be brought under this Act; or 2129. Paragraph 10(b) of the Act is replaced by the following: (b) if the company at a special meeting of shareholders — or, if the company is a federal credit union, at a special meeting of members or shareholders — called for the purpose has passed a resolution requiring the company to be wound up; 2130. Paragraph 11(a) of the Act is replaced by the following: (a) in the cases mentioned in paragraphs 10 (a) and (b), be made by the company or by a shareholder of the company, or, if the company is a federal credit union, by a member or shareholder of the company; 2131. Section 16 of the Act is replaced by the following: Power of the court
16. On receiving the report of the accountant or person ordered to inquire into the affairs of the company under section 14, and after hearing such shareholders or creditors of the company, or, if the company is a federal credit union, such of its members, shareholders or creditors, as desire to be heard in respect of the report, the court may either refuse the application or make the winding-up order. 2132. Section 20 of the Act is replaced by the following:
Transfer of shares void
20. All transfers of shares of a company referred to in section 19 — or, if the company referred to in that section is a federal credit union, all transfers of membership shares or shares — except transfers made to or with the sanction of the liquidator, under the authority of the court, and every alteration in the status of the members of the company, after the commencement of the winding-up, are void.
1996, c. 6, s. 157
2133. (1) Subsection 102.1(1) of the Act is replaced by the following:
Inquiry into dividends and redemptions of shares
102.1 (1) If a company that is being wound up under this Act has, within 12 months preceding the commencement of the windingup, paid a dividend in respect of any share of the
Emploi et croissa company, other than a stock dividend, — or, in the case of a federal credit union, paid a dividend in respect of a share or membership share, other than a share or membership share dividend — or redeemed or purchased for cancellation any of the shares of the capital stock of the company — or any of the shares or the membership shares of the company, if it is a federal credit union — the court may, on the application of the liquidator, inquire into whether the dividend was paid or the shares or membership shares redeemed or purchased for cancellation at a time when the company was insolvent, or whether the payment of the dividend or the redemption or purchase for cancellation of its shares or membership shares rendered the company insolvent.
1996, c. 6, s. 157
(2) Subsections 102.1(4) to (7) of the Act is replaced by the following:
Judgment against shareholders
(4) If a transaction referred to in subsection (1) has occurred and the court makes a finding referred to in paragraph (2)(a), the court may give judgment to the liquidator against a shareholder, or a member of a federal credit union, who is related to one or more directors or to the company or who is a director not liable by reason of paragraph (2)(b) or subsection (5), in the amount of the dividend or redemption or purchase price referred to in subsection (1) and the interest on it, as was received by the shareholder or member and not repaid to the company.
Directors exonerated by law
(5) A judgment under subsection (2) may not be entered against or be binding on a director who had, in accordance with any applicable law governing the operation of the company, protested against the payment of the dividend or the redemption or purchase for cancellation of the shares of the capital stock of the company or of the shares or membership shares of the federal credit union and had exonerated himself or herself under that law from any liability for it.
Directors’ right to recover
(6) Nothing in this section is to be construed to affect any right, under any applicable law governing the operation of the company, of the directors to recover from a shareholder, or from a member of a federal credit union, the whole or
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any part of any dividend, or any redemption or purchase price, made or paid to the shareholder or member when the company was insolvent or that rendered the company insolvent. Onus
(7) For the purposes of an inquiry under this section, the onus of proving (a) that the company was not insolvent lies on the directors and the shareholders of the company or, if the company is a federal credit union, on the directors, members and shareholders of the company; and (b) that there were reasonable grounds to believe any of the following lies on the directors: (i) that the company was not insolvent when a dividend was paid or shares, or membership shares of a federal credit union, were redeemed or purchased for cancellation, or (ii) that the payment of a dividend or a redemption of shares, or membership shares of a federal credit union, did not render the company insolvent.
Meaning of “dividend”
(8) In this section, “dividend” includes a patronage allocation within the meaning of section 2 of the Bank Act. 2134. Subsection 133(1) of the Act is replaced by the following:
Solicitors and counsel representing classes of creditors
133. (1) A court, if satisfied that, with respect to the whole or any portion of the proceedings before it, the interests of creditors, claimants or shareholders — or, in the case of a federal credit union, members, creditors, claimants or shareholders — can be classified, may, after notice by advertisement or otherwise, nominate and appoint a solicitor and counsel to represent each or any class for the purpose of the proceedings, and all the persons composing any such class are bound by the acts of the solicitor and counsel so appointed.
Emploi et croissa
COORDINATING AMENDMENTS 2005, c. 54
2135. (1) In this section, “other Act” means An Act to amend certain Acts in relation to financial institutions, chapter 54 of the Statutes of Canada, 2005. (2) If section 69 of the other Act comes into force before subsection 2018(3) of this Act, then that subsection 2018(3) is repealed. (3) If section 69 of the other Act comes into force on the same day as subsection 2018(3) of this Act, then that subsection 2018(3) is deemed to have come into force before that section 69. (4) On the first day on which both section 71 of the other Act and section 2020 of this Act are in force, subsection 311(1) of the Bank Act is replaced by the following:
Distribution of annual statement
311. (1) A bank must, not later than 21 days before the date of each annual meeting or before the signing of a resolution under paragraph 152(1)(b) in lieu of the annual meeting, send to each shareholder or, in the case of a federal credit union, to each member and shareholder, if any, a copy of the documents referred to in subsections 308(1) and (3), unless that time period is waived by the shareholder or member, as the case may be. COMING INTO FORCE
Order in council
2136. The provisions of this Part come into force on a day or days to be fixed by order of the Governor in Council. PART 18 ATOMIC ENERGY OF CANADA LIMITED REORGANIZATION AND DIVESTITURE
Definitions
“AECL” « EACL »
“assets” « actifs »
2137. (1) The following definitions apply in this Part. “AECL” means Atomic Energy of Canada Limited. “assets” includes
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(a) in relation to an entity, the securities of another entity held by, on behalf of or in trust for the entity; and (b) intangible property. “Minister” « ministre »
“security” « titre »
“Minister” means the Minister of Natural Resources. “security” means (a) in relation to a corporation, a share of any class or series of shares or a debt obligation of the corporation, and includes any conversion or exchange privilege, option or other right to acquire a share or debt obligation of the corporation; and (b) in relation to any other entity, any ownership interest in or debt obligation of the entity and includes any conversion or exchange privilege, option or other right to acquire an ownership interest or debt obligation of the entity.
Interpretation
(2) In this Part “corporation”, “share” and “wholly-owned subsidiary” have the same meaning as in subsection 83(1) of the Financial Administration Act.
Interpretation
(3) Unless a contrary intention appears, words and expressions used in this Part have the same meaning as in the Canada Business Corporations Act.
Inconsistency
(4) In the event of any inconsistency between this Part and the Canada Business Corporations Act or anything issued, made or established under that Act, this Part prevails to the extent of the inconsistency.
Operation of Competition Act
(5) Nothing in, or done under the authority of, this Part affects the operation of the Competition Act in respect of the acquisition of any interest in an entity.
Purpose
2138. The purpose of this Part is to authorize a number of measures for the reorganization and divestiture of all or any part of AECL’s business.
2010 Authority to sell shares, etc.
Emploi et croissa 2139. (1) The Minister may, with the approval of the Governor in Council and on any terms that the Governor in Council considers appropriate, (a) despite section 11 of the Nuclear Energy Act, sell or otherwise dispose of some or all of the securities of AECL; (b) procure an addition to, or other material change in, the objects or purposes for which AECL is incorporated or the restrictions on the businesses or activities that it may carry on, as set out in its articles; (c) procure the amalgamation of AECL; or (d) procure the dissolution of AECL.
Additional powers
(2) The Minister may do anything or cause anything to be done that is necessary for, or incidental to, a measure approved under subsection (1).
Authority with respect to entities
2140. (1) The Minister may, with the approval of the Governor in Council and on any terms that the Governor in Council considers appropriate, (a) procure the incorporation of a corporation, securities of which, on incorporation, would be held by, on behalf of or in trust for, Her Majesty in right of Canada and sell or otherwise dispose of some or all of the securities of the corporation; (b) procure the formation of any other entity, securities of which, on formation, would be held by, on behalf of or in trust for, Her Majesty in right of Canada and sell or otherwise dispose of some or all of the securities of the entity; (c) acquire securities of a corporation that, on acquisition, would be held by, on behalf of or in trust for, Her Majesty in right of Canada and sell or otherwise dispose of some or all of the securities of the corporation; and (d) acquire securities of any other entity that, on acquisition, would be held by, on behalf of or in trust for, Her Majesty in
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right of Canada and sell or otherwise dispose of some or all of the securities of the entity. Additional powers
(2) The Minister may do anything or cause anything to be done that is necessary for, or incidental to, a measure approved under subsection (1).
Part X of the Financial Administration Act
(3) The Governor in Council may, by order, declare that any of the provisions of Part X of the Financial Administration Act do not apply to a corporation referred to in subsection (1)(a).
Authority
2141. (1) AECL, a corporation referred to in paragraph 2140(1)(a), any other entity referred to in paragraph 2140(1)(b) or any one of their wholly-owned subsidiaries or wholly-owned entities may, with the approval of the Governor in Council and on any terms that the Governor in Council considers appropriate, (a) sell or otherwise dispose of some or all of its assets; (b) sell or otherwise dispose of some or all of its liabilities; (c) issue securities and sell or otherwise dispose of some or all of those securities; (d) reorganize its capital structure; (e) acquire assets of a corporation or any other entity; (f) procure an addition to, or other material change in, the objects or purposes for which it is incorporated or formed or the restrictions on the businesses or activities that it may carry on, as set out in its articles or constituting documents; (g) procure the incorporation of a corporation, securities of which, on incorporation, would be held by, on behalf of or in trust for, the entity that procures the incorporation; (h) procure the formation of any other entity, securities of which, on formation, would be held by, on behalf of or in trust for, the entity that procures the formation;
Emploi et croissa (i) acquire securities of a corporation or any other entity that, on acquisition, would be held by, on behalf of or in trust for, the entity that acquires the securities; (j) sell or otherwise dispose of some or all of the securities of a corporation or any other entity that are held by, on behalf of or in trust for, the entity that sells or otherwise disposes of the securities; (k) procure its amalgamation or the amalgamation of any of its wholly-owned subsidiaries; (l) procure its dissolution or the dissolution of any of its wholly-owned subsidiaries; or (m) do anything that is necessary for, or incidental to, a measure approved under paragraphs (a) to (l).
Additional powers
(2) The Governor in Council may, on the recommendation of the Minister and on any terms that the Governor in Council considers appropriate, direct AECL, a corporation referred to in paragraph 2140(1)(a) or any other entity referred to in paragraph 2140(1)(b) to take, or cause any of its wholly-owned subsidiaries or wholly-owned entities to take, a measure referred to in subsection (1).
Limitation
(3) The Governor in Council may not issue a directive to AECL, a corporation referred to in paragraph 2140(1)(a) or any other entity referred to in paragraph 2140(1)(b) (a) after any of its securities are sold or otherwise disposed of; or (b) with respect to any of its wholly-owned subsidiaries or wholly-owned entities, after the wholly-owned subsidiaries or whollyowned entities’ securities are sold or otherwise disposed of.
Compliance with directive
(4) The directors of AECL or of the corporation, or persons acting in a similar capacity with respect to the entity, must
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comply with a directive issued by the Governor in Council. That compliance is in the best interests of AECL, the corporation or the entity, as the case may be, to whom the directive is issued. Notification of implementation
(5) As soon as is feasible after implementing a directive and completing any actions that are required to be taken in connection with that implementation, AECL, the corporation or the entity must notify the Minister that it has done so.
Non-application of Statutory Instruments Act
2142. The Statutory Instruments Act does not apply to a directive.
Tabling in Parliament
2143. (1) The Minister is to cause a copy of a directive to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the day on which the directive is issued.
Exception — detrimental information
(2) However, if the Minister is of the opinion that publishing information contained in the directive would be detrimental to Canada’s interests or the commercial interests of AECL or the corporation or other entity to whom the directive is issued, as the case may be, the Minister is to cause a copy of the directive to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the day on which he or she is notified that the directive has been implemented.
Consultation
(3) The Minister must consult the board of directors of AECL or the corporation, or the person or group of persons acting in a similar capacity for the entity, before forming an opinion whether publishing information contained in the directive would be detrimental.
Application of proceeds of disposition
2144. AECL or a corporation or other entity referred to in subsection 2141(1) must pay the proceeds from the sale or other disposition of any assets, securities or liabilities under that subsection to the Receiver General.
Emploi et croissa
2010 Financial Administration Act
2145. Sections 89, 90 and 91 and subsection 99(2) of the Financial Administration Act do not apply to any measure referred to in sections 2139 to 2141.
Appropriation
2146. On the requisition of the Minister and with the concurrence of the Minister of Finance, there may be paid out of the Consolidated Revenue Fund any amount that is required to carry out a measure referred to in sections 2139 to 2141.
R.S., c. A-16; 1997, c. 9, s. 89
NUCLEAR ENERGY ACT 2147. Subsection 11(2) of the Nuclear Energy Act is replaced by the following:
Agent of Her Majesty
(2) A company that is a Crown corporation within the meaning of subsection 83(1) of the Financial Administration Act is for all its purposes an agent of Her Majesty in right of Canada. COMING INTO FORCE
Order in council
2148. The provisions of this Part come into force on a day or days to be fixed by order of the Governor in Council. PART 19 PARTICIPANT FUNDING PROGRAMS
R.S., c. N-7
NATIONAL ENERGY BOARD ACT 2149. The National Energy Board Act is amended by adding the following after section 16.2:
Participant funding program
1997, c. 9
16.3 For the purposes of this Act, the Board may establish a participant funding program to facilitate the participation of the public in hearings that are held under section 24. NUCLEAR SAFETY AND CONTROL ACT 2150. (1) Subsection 21(1) of the Nuclear Safety and Control Act is amended by adding the following after paragraph (b):
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(b.1) establish and maintain a participant funding program to facilitate the participation of the public in proceedings under this Act; (2) Paragraph 21(1)(g) of the Act is replaced by the following: (g) charge any fees that may be prescribed for any information, product or service that it provides under this Act or for the participant funding program that it establishes and maintains under this Act; 2151. (1) Paragraph 44(1)(i) of the Act is replaced by the following: (i) prescribing the fees that may be charged for the provision, by the Commission, of information, products and services or for the participant funding program that it establishes and maintains; (2) Subsection 44(2) of the Act is replaced by the following: Amount not to exceed cost
(2) The fees referred to in paragraph (1)(i) may not exceed a reasonable estimate of the cost of providing the information, product or service or of the costs of the participant funding program. PART 20 ENVIRONMENTAL ASSESSMENT
1992, c. 37
CANADIAN ENVIRONMENTAL ASSESSMENT ACT Amendments to the Act
2003, c. 9, s. 1(1)
“comprehensive study” « étude approfondie »
“comprehensive study list” « liste d’étude approfondie »
2152. The definitions “comprehensive study” and “comprehensive study list” in subsection 2(1) of the Canadian Environmental Assessment Act are replaced by the following: “comprehensive study” means an environmental assessment that is conducted under section 21, and that includes a consideration of the factors required to be considered under subsections 16(1) and (2); “comprehensive study list” means a list of all projects or classes of projects that have been prescribed by regulations made under paragraph 58(1)(i);
Emploi et croissa 2153. The Act is amended by adding the following after section 7:
Definitions
“building” « bâtiment »
“environmentally sensitive area” « région écosensible »
“expansion” « agrandissement »
“historic canal” « canal historique »
“intelligent transportation system” « système de transport intelligent »
“modification” « modification »
7.1 (1) The following definitions apply in this section and in the schedule. “building” means a roofed physical work. “environmentally sensitive area” means an area protected for environmental reasons in regional or local land use plans, or by a local, regional, provincial or federal government body. “expansion” means an increase in the exterior dimensions or the production capacity of a physical work. “historic canal” has the same meaning as in section 2 of the Historic Canals Regulations and includes any federal lands appertaining or incident to a historic canal. “intelligent transportation system” means a system that uses technologies to improve the efficiency, safety and reliability of a transportation network. “modification” means an alteration to a physical work that does not alter the purpose or function of the work. It does not include an expansion or a relocation.
“national historic site” « lieu historique national »
“national historic site” means a place that is marked or otherwise commemorated under paragraph 3(a) of the Historic Sites and Monuments Act and is under the administration of the Parks Canada Agency.
“national park” « parc national »
“national park” means a park named and described in Schedule 1 to the Canada National Parks Act, or a park established under a federalprovincial agreement that is under the responsibility of the Minister.
“park reserve” « réserve »
“park reserve” means a national park reserve of Canada named and described in Schedule 2 to the Canada National Parks Act or a reserve established under a federal-provincial agreement that is under the responsibility of the Minister.
“water body” « plan d’eau »
“water body” includes a lake, a canal, a reservoir, an ocean, a river and its tributaries and a wetland, up to the annual high-water
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mark, but does not include a sewage or waste treatment lagoon, a mine tailings pond, an artificial irrigation pond, a dugout or a ditch that does not contain fish habitat as defined in subsection 34(1) of the Fisheries Act.
Projects set out in schedule
(2) An environmental assessment is not required under section 5 or sections 8 to 10.1 for the projects and classes of projects that are set out in the schedule and that are to be carried out in places other than a national park, park reserve, national historic site or historic canal and that are funded under any of the following plans, funds or initiatives: (a) the plan referred to in Building Canada: Modern Infrastructure for a Strong Canada published under ISBN 978-0-662-05130-5; (b) the Canada Strategic Infrastructure Fund Act; (c) the funds referred to in sections 300 and 303 of the Budget Implementation Act, 2009 or the initiatives referred to in sections 309 to 315 of that Act; (d) the Recreational Infrastructure Canada, Helping Municipalities Build Stronger Communities or Investments in First Nations Infrastructure initiatives announced in Chapter 3 of Canada’s Economic Action Plan (Budget 2009) tabled in the House of Commons on January 27, 2009 and published under ISBN 978-0-660-19853-8; (e) the Border Infrastructure Fund referred to in the Infrastructure Canada Departmental Performance Report for the 2007–2008 period tabled in the House of Commons on February 5, 2009 and published under ISBN 978-0-660-63741-9; (f) the initiative administered by the Canada Mortgage and Housing Corporation to provide funding for the renovation and energy retrofits of off-reserve federally funded and administered social housing units that are
Emploi et croissa subject to an operating agreement under a National Housing Act social housing program; or (g) the Municipal Rural Infrastructure Fund announced in Budget 2003 and administered by Infrastructure Canada to provide funding for smaller-scale municipal infrastructure projects that support sustainable development, improved quality of life and economic opportunities and increased connectivity for smaller and rural communities.
Non-application
(3) The Minister may decide that subsection (2) does not apply in respect of a project that is referred to in that subsection if the Minister is of the opinion that it may cause significant adverse environmental effects.
Notice
(4) If the Minister decides that subsection (2) does not apply in respect of a project, the Minister shall, without delay, provide notice of the decision to the proponent of the project and any federal authority that is likely to exercise a power or perform a duty or function referred to in section 5 in respect of the project. 2154. The Act is amended by adding the following after section 11:
Exercise and performance by Agency of certain responsible authority’s powers, duties and functions
11.01 (1) Despite any other provision of this Act, if the Agency considers that a project for which it has received information is described in the comprehensive study list and that an environmental assessment of the project might be required and, if the Canadian Nuclear Safety Commission established under section 8 of the Nuclear Safety and Control Act or the National Energy Board established under section 3 of the National Energy Board Act is not one of the responsible authorities in relation to the project, the Agency shall commence a comprehensive study of the project and exercise the powers and perform the duties and functions of the responsible authority in relation to the project
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under this Act until the Minister is provided with the comprehensive study report as required by section 21.3. Notice
(2) When the Agency commences a comprehensive study of a project, it shall, without delay, send a notice to any responsible authority in relation to that project.
Species at Risk Act
(3) When, in relation to a project, the Agency exercises the powers and performs the duties and functions of the responsible authority under subsection (1), it is also required to exercise the powers and perform the duties and functions of the responsible authority under subsection 79(1) of the Species at Risk Act and, with respect to identifying the adverse effects of the project on a listed wildlife species and its critical habitat, is required to exercise the powers and perform the duties and functions of the responsible authority under subsection 79(2) of that Act.
Information about project
(4) Any federal authority that receives information from a proponent in relation to a project for which, in the federal authority’s opinion, a comprehensive study might be required, shall forward, without delay, that information to the Agency. 2155. The Act is amended by adding the following after section 15:
Minister’s power to establish scope of project
15.1 (1) Despite section 15, the Minister may, if the conditions that the Minister establishes are met, determine that the scope of the project in relation to which an environmental assessment is to be conducted is limited to one or more components of that project.
Availability
(2) The conditions referred to in subsection (1) must be made available to the public.
Delegation
(3) The Minister may, in writing and subject to any conditions that the Minister may specify, delegate to a responsible authority in relation to a project the power conferred on the Minister by subsection (1) in respect of that project.
Project or class of projects
(4) The delegation may be in respect of a project or a class of projects.
2003, c. 9, s. 12
2156. Sections 21 to 21.2 of the Act are replaced by the following:
2010 Comprehensive study
Emploi et croissa 21. If a project is described in the comprehensive study list, the responsible authority shall ensure that (a) a comprehensive study of the project is conducted; and (b) a comprehensive study report is prepared.
Comments from public
21.1 (1) Within 10 days after the inclusion on the Internet site of a notice of commencement of the comprehensive study, the responsible authority shall give a notice, in any manner that it considers appropriate, providing the public with an opportunity to comment on the project and the conduct of the comprehensive study.
Content of notice
(2) The notice must include the deadline and address for filing comments.
Public participation
21.2 The responsible authority shall ensure that the public is provided with an opportunity, in addition to the ones provided under subsection 21.1(1) and section 22, to participate in the comprehensive study, subject to a determination that is made by the federal environmental assessment coordinator under paragraph 12.3 (c) regarding the timing of the participation.
Report
21.3 The responsible authority shall ensure that the Minister and the Agency are provided with the comprehensive study report.
2003, c. 9, s. 13
2157. (1) Paragraph 23(3)(a) of the Act is replaced by the following: (a) notice of the commencement of the comprehensive study;
2003, c. 9, s. 13
(2) Paragraph 23(3)(c) of the Act is replaced by the following: (c) a description of the factors to be taken into consideration in the environmental assessment and of the scope of those factors or an indication of how such a description may be obtained; and 2158. Section 26 of the Act is renumbered as subsection 26(1) and is amended by adding the following:
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Termination of comprehensive study by Agency
(2) When it conducts a comprehensive study of a project, the Agency may, at any time, terminate the comprehensive study if all federal authorities decide not to exercise any power or perform any duty or function referred to in section 5 in relation to that project.
2003, c. 9, s. 25
2159. (1) Paragraph 55.1(2)(c) of the Act is replaced by the following:
Jobs and Econ
(c) a description of the scope of the project in relation to which an environmental assessment is to be conducted, as determined under section 15 or 15.1; 2003, c. 9, s. 25
(2) Paragraphs 55.1(2)(i) and (j) of the Act are replaced by the following: (j) if the responsible authority, in accordance with subsection 18(3), gives the public an opportunity to participate in the screening of a project or when a comprehensive study is conducted, a description of the factors to be taken into consideration in the environmental assessment and of the scope of those factors or an indication of how such a description may be obtained;
2003, c. 9, s. 25
2160. Subsection 55.2(1) of the Act is replaced by the following:
Duty to contribute records — Agency
55.2 (1) The Agency shall ensure that the records referred to in paragraphs 55.1(2)(b), (e) and (l) are included in the Internet site. 2161. The Act is amended by adding, after section 82, the schedule set out in Schedule 3 to this Act. Transitional Provisions
Non-application of amended provisions to certain comprehensive studies
2162. Any comprehensive study of a project commenced under the Canadian Environmental Assessment Act before the day on which this section comes into force must be continued and completed as if this Act had not come into force if, before that day, the Minister referred the project to the responsible authority to continue the comprehensive study.
Period calculation
2163. With respect to a comprehensive study of a project commenced under the Canadian Environmental Assessment Act before the day on which this section comes into
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force and in relation to which section 2162 does not apply, the period referred to in section 21.1 of that Act, as enacted by section 2156, is deemed to commence on that day. SOR/2007-108
EXCLUSION LIST REGULATIONS, 2007 2164. The definitions “Building Canada Plan”, “environmentally sensitive area” and “intelligent transportation system” in subsection 1(1) of the Exclusion List Regulations, 2007 are repealed. 2165. Section 5 of the Regulations is repealed. 2166. Schedule 4 to the Regulations is repealed.
SOR/2009-88
REGULATIONS AMENDING THE EXCLUSION LIST REGULATIONS, 2007 2167. Section 2 of the Regulations Amending the Exclusion List Regulations, 2007 is repealed. 2168. Section 4 of the Regulations is repealed. 2169. Section 6 of the Regulations is repealed. 2170. Subsection 7(2) of the Regulations is repealed.
SOR/2009-89
INFRASTRUCTURE PROJECTS ENVIRONMENTAL ASSESSMENT ADAPTATION REGULATIONS 2171. The Infrastructure Projects Environmental Assessment Adaptation Regulations are repealed. PART 21
R.S., c. L-2
CANADA LABOUR CODE AMENDMENTS TO THE ACT
2000, c. 20, s. 2(5)
2172. The definition “appeals officer” in subsection 122(1) of the Canada Labour Code is replaced by the following:
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“appeals officer” « agent d’appel »
“appeals officer” means a person who is appointed as an appeals officer under section 145.1;
2000, c. 20, s. 10
2173. Subsection 129(7) of the Act is replaced by the following:
Appeal
(7) If a health and safety officer decides that the danger does not exist, the employee is not entitled under section 128 or this section to continue to refuse to use or operate the machine or thing, work in that place or perform that activity, but the employee, or a person designated by the employee for the purpose, may appeal the decision by filing a notice of appeal with the Minister within 10 days after the day on which the employee receives notice of the decision.
2000, c. 20, s. 14
2174. Subsection 145.1(1) of the Act is replaced by the following:
Appointment
145.1 (1) On receipt of a notice of appeal, the Minister shall appoint as an appeals officer to inquire into and make a decision on the appeal any person who is qualified to perform the duties of such an officer.
2000, c. 20, s. 14
2175. Subsection 146(1) of the Act is replaced by the following:
Appeal of direction
146. (1) An employer, employee or trade union that feels aggrieved by a direction issued by a health and safety officer under this Part may appeal the direction by filing a notice of appeal with the Minister within 30 days after the day on which the direction is issued or confirmed in writing.
2000, c. 20, s. 14
2176. (1) The portion of subsection 146.1(1) of the Act before paragraph (a) is replaced by the following:
Inquiry
146.1 (1) If an appeal is brought under subsection 129(7) or section 146, the appeals officer shall, in a summary way and without delay, inquire into the circumstances of the decision or direction, as the case may be, and may
2000, c. 20, s. 14
(2) Subsection 146.1(2) of the Act is replaced by the following:
Jobs and Econ
Emploi et croissa
Decision and reasons
(2) The appeals officer shall provide a written decision, with reasons, and a copy of any direction to the employer, employee or trade union concerned within 90 days after completing their inquiry under subsection (1). The employer shall, without delay, give a copy of it to the work place committee or health and safety representative.
2000, c. 20, s. 14
2177. (1) The portion of section 146.2 of the Act before paragraph (a) is replaced by the following:
Powers
146.2 (1) For the purposes of a proceeding under subsection 146.1(1), an appeals officer may, subject to any regulations made under subsection (2), (2) Section 146.2 of the Act is amended by adding the following after subsection (1):
Regulations
(2) The Governor in Council may make regulations, for the purpose of proceedings under subsection 146.1(1), respecting (a) the rules of practice and procedure to be followed, and the duration of the proceedings; (b) the setting of limits on the exercise of the powers of appeals officers under subsection (1); and (c) any matter related to the efficient and effective operation of the proceedings. TRANSITIONAL PROVISION
Deemed appointment
2178. Any appeals officer, as defined in subsection 122(1) of the Canada Labour Code, who is seized of an appeal under that Act immediately before the day on which section 2174 comes into force is deemed, on that day, to have been appointed as an appeals officer under subsection 145.1(1) of that Act, as enacted by section 2174, solely for the purpose of performing their duties under section 146.1 of that Act in respect of the appeal. COMING INTO FORCE
Order in council
2179. Sections 2172 to 2177 come into force on a day or days to be fixed by order of the Governor in Council.
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PAYMENTS TO CERTAIN ENTITIES CANADIAN YOUTH BUSINESS FOUNDATION Maximum payment of $10,000,000
2180. There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Industry, a sum not exceeding ten million dollars to the Canadian Youth Business Foundation for its use GENOME CANADA
Maximum payment of $75,000,000
2181. There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Industry, a sum not exceeding seventy-five million dollars to Genome Canada for its use. PATHWAYS TO EDUCATION CANADA
Maximum payment of $20,000,000
2182. There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Human Resources and Skills Development, a sum not exceeding twenty million dollars to Pathways to Education Canada for its use. RICK HANSEN FOUNDATION
Maximum payment of $13,500,000
2183. There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Western Economic Diversification, a sum not exceeding thirteen million, five hundred thousand dollars to the Rick Hansen Foundation for its use. PART 23
1993, c. 38
TELECOMMUNICATIONS ACT 2184. (1) Subsection 16(1) of the Telecommunications Act is replaced by the following:
Eligibility
16. (1) A Canadian carrier is eligible to operate as a telecommunications common carrier if (a) it is a Canadian-owned and controlled corporation incorporated or continued under the laws of Canada or a province; or (b) it owns or operates only a transmission facility that is referred to in subsection (5).
Emploi et croissa
1998, c. 8, s. 2
(2) Subsection 16(5) of the Act is replaced by the following:
Exemption
(5) Paragraph (1)(a) and subsections (2) and (4) do not apply in respect of the ownership or operation of (a) international submarine cables; (b) earth stations that provide telecommunications services by means of satellites; or (c) satellites. PART 24 EMPLOYMENT INSURANCE FINANCING
1996, c. 23
EMPLOYMENT INSURANCE ACT Amendments to the Act 2185. The Employment Insurance Act is amended by adding the following before the heading before section 71: EMPLOYMENT INSURANCE OPERATING ACCOUNT
Employment Insurance Operating Account established
70.2 There is established in the accounts of Canada an account to be known as the Employment Insurance Operating Account. 2186. Section 71 of the Act and the heading before it are repealed. 2187. Section 76 of the Act is repealed. 2188. Section 80 of the Act is repealed.
2005, c. 30, s. 131
2189. The portion of paragraph 153.2(2)(a) of the Act before subparagraph (i) is replaced by the following: (a) the making of any financial adjustments and for the crediting or charging of the amount of any of those adjustments to the Employment Insurance Operating Account, including 2190. Section 158 of the Act is repealed.
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2191. Subsection 159(5) of the Act is repealed. 2192. Section 162 of the Act is repealed. 2193. Section 166 of the Act and the heading before it are repealed. Terminology
2194. The Act is amended by replacing “Employment Insurance Account” with “Employment Insurance Operating Account” in the following provisions: (a) subsection 42(2); (b) the portion of section 73 before paragraph (a); (c) section 73.1; (d) section 74; (e) the portion of section 75 before paragraph (a); (f) the portion of subsection 77(1) before paragraph (a); and (g) section 78. Transitional Provisions
Account closed
2195. The account in the accounts of Canada known as the Employment Insurance Account is deemed to have been closed at the beginning of January 1, 2009 and removed from the accounts of Canada at that time.
Section 76
2196. For greater certainty, any amount purporting to have been credited to the Employment Insurance Account on or after January 1, 2009 and charged to the Consolidated Revenue Fund under section 76 of the Employment Insurance Act is deemed to have never been credited to that Account and charged to that Fund.
Amounts credited and charged
2197. For greater certainty, all amounts credited or charged to the Employment Insurance Account on or after January 1, 2009 are deemed to have been credited or charged, as the case may be, to the Employment Insurance Operating Account established by section 70.2 of the Employment Insurance Act, as enacted by section 2185.
Emploi et croissa
Appropriation Acts
2198. Every authority in any appropriation Act to make recoverable expenditures on behalf of the Employment Insurance Account in respect of the fiscal year 2010–2011 is deemed to be an authority to make recoverable expenditures on behalf of the Employment Insurance Operating Account established by section 70.2 of the Employment Insurance Act, as enacted by section 2185.
Employment Insurance Operating Account — audit for fiscal year 2008–2009
2199. The Auditor General of Canada shall audit the Employment Insurance Operating Account, established by section 70.2 of the Employment Insurance Act, as enacted by section 2185, in respect of the fiscal year 2008–2009, and a report of that audit shall be made to the Minister of Human Resources and Skills Development.
Employment Insurance Account — reaudit
2200. Despite sections 2186 and 2195, and as a consequence of the establishment of the Employment Insurance Operating Account by section 70.2 of the Employment Insurance Act, as enacted by section 2185, the Auditor General of Canada may re-audit the Employment Insurance Account in respect of any fiscal year if he or she considers it necessary to do so, and a report of that audit is to be made to the Minister of Human Resources and Skills Development. Consequential Amendments
2005, c. 34
Department of Human Resources and Skills Development Act 2201. Section 29 of the Department of Human Resources and Skills Development Act is replaced by the following:
Audit by Auditor General
SOR/96-332
29. The Auditor General of Canada shall annually audit the accounts and financial transactions of the Commission for the previous fiscal year. The Auditor General shall also audit the Employment Insurance Operating Account established by section 70.2 of the Employment Insurance Act, and a report of that audit shall be made to the Minister. Employment Insurance Regulations 2202. Section 76.08 of the Employment Insurance Regulations is replaced by the following:
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76.08 The reimbursement amount paid by the Province of Quebec in accordance with section 4.5 of the Entente finale Canada-Québec sur le régime québécois d’assurance parentale, signed on March 1, 2005, shall be paid to the Receiver General and shall be considered as if it were an amount required to be paid into the Consolidated Revenue Fund under section 72 of the Act and shall be paid into that Fund. Terminology
2203. The Regulations are amended by replacing “Employment Insurance Account” with “Employment Insurance Operating Account” in the following provisions: (a) paragraph 76.27(1)(b); and (b) subsection 76.27(2).
2008, c. 28
BUDGET IMPLEMENTATION ACT, 2008 2204. (1) Section 127 of the Budget Implementation Act, 2008 is amended by replacing the subsections 66(1) to (3) that it enacts with the following:
Premium rate setting
66. (1) Subject to subsection (7) and section 66.3, the Board shall set the premium rate for each year in order to generate just enough premium revenue during that year to ensure that at the end of that year (a) the total of the amounts credited to the Employment Insurance Operating Account after December 31, 2008 is equal to the total of the amounts charged to that Account after that date; and (b) the forecast fair market value of the Board’s reserve is equal to the amount determined under subsection (5).
Factors
(2) Subject to any regulations made under subsections 66.1(2) and 66.2(2), the Board shall set the premium rate based on (a) the information provided under sections 66.1 and 66.2; (b) the investment income earned by the Board; (c) the Board’s obligation to manage a reserve, the amount of which is referred to in subsection (5);
Emploi et croissa (d) any regulations made under section 69; (e) any changes, announced by the Minister on or before September 30 in a year, to payments to be made under paragraph 77(1)(a), (b) or (c) during the following year; and (f) any other information that the Board considers relevant. (2) Section 127 of the Act is amended by replacing the subsection 66(5) that it enacts with the following:
Indexation
(5) The amount referred to in paragraph (1) (b) is equal to the amount of the payment made under section 70.1, indexed annually, on a compound basis, beginning in the year in which that payment is made, in accordance with the regulations. (3) Section 127 of the Act is amended by replacing the subsection 66.1(1) that it enacts with the following:
Information provided
66.1 (1) The Minister shall, on or before September 30 in a year, provide the Board with the following information: (a) if the Minister has made an announcement referred to in paragraph 66(2)(e), the forecast change in the amount of the payments to be made during the following year under paragraph 77(1)(a), (b) or (c), as the case may be; (b) the forecast costs to be paid under paragraphs 77(1)(d) and (f) during the following year, including any forecast change in those costs resulting from any change to the payments referred to in paragraph (a); (c) the total of the amounts charged to the Employment Insurance Operating Account as of the last day of the most recent month for which that total is known by the Minister; and (d) any prescribed information. (4) Section 127 of the Act is amended by replacing the paragraph 66.1(2)(a) that it enacts with the following: (a) prescribing information referred to in paragraph (1)(d); and
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(5) Section 127 of the Act is amended by replacing the paragraphs 66.2(1)(b) to (f) that it enacts with the following: (b) the amounts forecast under subparagraphs 77.1(1)(a)(i) and (ii) and the total estimated under subparagraph 77.1(1)(a)(iii); (c) the amount of any payment to be made under subsection 77.1(2) or (4) during the year; and (d) any prescribed information. (6) Section 127 of the Act is amended by replacing the paragraph 66.2(2)(a) that it enacts with the following: (a) prescribing information referred to in paragraph (1)(d); and 2205. Section 130 of the Act is amended by replacing the section 77.1 that it enacts with the following: Forecasts and estimates
77.1 (1) On or before September 30 in a year, (a) the Minister of Finance shall (i) forecast the amount to be credited to the Employment Insurance Operating Account under sections 73 to 75 during the year, (ii) forecast the amount to be charged, during the year, to that Account under subsection 77(1) based on, among other things, information provided by the Minister, and (iii) estimate the total, at December 31 of the immediately preceding year, of the amounts credited to that Account; and (b) the Minister shall estimate the total, at December 31 of the immediately preceding year, of the amounts charged to that Account.
Payment to Board
(2) A payment in the amount determined under subsection (3) is to be made on or before October 31 in a year to the Board out of the Consolidated Revenue Fund, on the requisition of the Minister of Finance, and charged to the Employment Insurance Operating Account if (A + C) > (B + D)
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2010 where
A is the amount forecast under subparagraph (1)(a)(i); B is the amount forecast under subparagraph (1)(a)(ii); C is the total estimated under subparagraph (1)(a)(iii); and D is the total estimated under paragraph (1)(b). Amount of payment to Board
(3) For the purpose of subsection (2), the amount of the payment is an amount equal to the amount calculated in accordance with the following formula: (A + C) – (B + D) where A is the amount forecast under subparagraph (1)(a)(i); B is the amount forecast under subparagraph (1)(a)(ii); C is the total estimated under subparagraph (1)(a)(iii); and D is the total estimated under paragraph (1)(b).
Payment by Board
(4) A payment in the amount determined under subsection (5) is to be made on or before October 31 in a year, or at any later date that the Minister of Finance may specify, by the Board to the Consolidated Revenue Fund and credited to the Employment Insurance Operating Account if (A + C) < (B + D) where A is the amount forecast under subparagraph (1)(a)(i); B is the amount forecast under subparagraph (1)(a)(ii); C is the total estimated under subparagraph (1)(a)(iii); and D is the total estimated under paragraph (1)(b).
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Amount of payment by Board
(5) For the purpose of subsection (4), the amount of the payment is an amount equal to the lesser of the amount of the Board’s reserve referred to in subsection 66(4) and the amount calculated in accordance with the following formula:
Jobs and Econ
(B + D) – (A + C) where A is the amount forecast under subparagraph (1)(a)(i); B is the amount forecast under subparagraph (1)(a)(ii); C is the total estimated under subparagraph (1)(a)(iii); and D is the total estimated under paragraph (1)(b). Terms and conditions
(6) Payments under this section must be made in the manner and on the terms and conditions that the Minister of Finance may establish after consulting with the Minister and the Board. 2206. Section 131 of the Act is repealed.
2008, c. 28, s. 121
CANADA EMPLOYMENT INSURANCE FINANCING BOARD ACT 2207. Paragraph 14(3)(c) of the Canada Employment Insurance Financing Board Act is replaced by the following: (c) a determination and analysis of any difference between the premium rate set by the Board for the year that is two years before the current year and what that rate should have been for that year in order to meet the objective of subsection 66(1) of the Employment Insurance Act; and COMING INTO FORCE
January 1, 2009
2208. (1) Sections 2185 to 2187 and 2190 to 2194 are deemed to have come into force on January 1, 2009.
2008, c. 28
(2) Section 2188 comes into force on the day on which section 127 of the Budget Implementation Act, 2008 comes into force.
Emploi et croissance éc
SCHED (Section
Tariff Item
Description of Goods
1513.19
--Other
1513.19.10
---For use in the manufacture of animal feeds
1513.19.90
---Other
5402.34.20
---Multifilament single yarn, solely of polypropylene, textured, measuring 715 decitex or more but not exceeding 2 290 decitex, for use in the manufacture of woven fabrics
5407.93.50
---3-thread twill weave fabrics, of polyester filaments in the warp and viscose rayon filaments in the weft, of a weight not exceeding 100 g/m², for use in
Tariff Item
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Description of Goods the manufacture of apparel
5515.12.40
---Plain woven fabric, from yarns of different colours, containing 70% or more by weight of polyester stapl fibres in the weft, and 20% or more by weight of polyester filament yarns in the warp, of a weight not exceeding 140 g/m², for use in the manufacture of men’s and boys’ suit jackets, blazers or sports jackets
5516.11
--Unbleached or bleached
5516.11.10
---Solely of rayon, bleached, of a width exceeding 280 cm, having a sum of yarns per 10 cm in the warp and the weft of 1,060 or more, for use in the manufacture of bed linen, duvet covers, pillow shams, cushions and cushion covers
5516.11.90
---Other
Tariff Item
Emploi et croissance éc
Description of Goods
---Other: 5516.12.91
----Solely of rayon, of a width exceeding 280 cm, having a sum of yarns per 10 cm in the warp and the weft of 1,085 or more, for use in the manufactu of bed linen, duvet covers, pillow shams, cushions and cushion covers
5516.12.99
----Other
5516.91.92
----Plain weave fabric, of unbleached yarns, composed predominately of viscose rayon staple fibres, mixed mainly with horsehair, cotton and polyester staple fibres, of a weight not exceeding 225 g/m², for use in the manufacture of apparel
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Jobs and Economic G
Tariff Item
Description of Goods
5909.00
Textile hosepiping and similar textile tubing, with or without lining, armour or accessories of other materials
5909.00.10
---Fire hose
5909.00.90
---Other
6001.22
--Of man-made fibres
6001.22.10
---Weft knit fabrics, solely of brushed polyester fibres, of a width exceeding 175 cm, not impregnate coated, covered or laminated, of a weight exceeding 260 g/m² but not exceeding 290 g/m², for use in the manufacture of yarn
6001.22.90
---Other
Emploi et croissance éc
Tariff Item
Description of Goods
6001.92.40
---Warp pile fabric, cut, solely of polyester, including the ground fabric, brushed, for use in the manufacture of coffin interiors
C. 12
Jobs and Economic G
ANNE (article
Numéro tarifaire
Dénomination des marchandises
1513.19
--Autres
1513.19.10
---Devant servir à la fabrication d’aliments pour animaux
1513.19.90
---Autres
5402.34.20
---Du fil simple multifilament, uniquement de polypropylène, texturé, titrant au moins 715 décitex mais n’excédant pas 2 290 décitex, devant servir à la fabrication de tissus
5407.93.50
---Tissus à armure sergé, dont le rapport d’armure est de trois fils, avec des filaments de polyester dans la chaîne et des filaments de rayonne
Numéro tarifaire
Emploi et croissance éc
Dénomination des marchandises viscose dans la trame, d’un poids n’excédant pas 100 g/m², devant servir à la fabrication de vêtements
5515.12.40
---Tissus unis, provenant de fils de couleurs différentes, contenant 70 % ou plus en poids de fibre discontinues de polyester dans la trame et 20 % ou plus en poids de fils de filaments de polyester dans la chaîne, d’un poids n’excédant pas 140 g/m², devant servir à la fabrication de vestons de complet, blazers ou vestons de sport, pour hommes et garçons
5516.11
--Écrus ou blanchis
5516.11.10
---Uniquement de rayonne, blanchi, d’une largeur de plus de 280 cm, ayant au total 1 060 fils ou plus de trame et de chaîne au 10 cm, devant servir à la fabrication de linge de lit, de housses de couette, de couvre-oreillers, de coussins et de housses de coussin
5516.11.90
---Autres
Numéro tarifaire
C. 12
Jobs and Economic G
Dénomination des marchandises
---Autres : 5516.12.91
----Uniquement de rayonne, d’une largeur de plus de 280 cm, ayant au total 1 085 fils ou plus de trame e de chaîne au 10 cm, devant servir à la fabrication de linge de lit, de housses de couette, de couvreoreillers, de coussins et de housses de coussin
5516.12.99
----Autres
5516.91.92
----Tissus à armure toile, filés écrus, composés essentiellement de fibres discontinues de rayonne viscose, mélangés principalement à du crin, à des fibres de coton et à des fibres discontinues de polyester, d’un poids n’excédant pas 225 g/m², devant servir à la fabrication de vêtements
Numéro tarifaire
Emploi et croissance éc
Dénomination des marchandises
5909.00
Tuyaux pour pompes et tuyaux similaires, en matières textiles, même avec armatures ou accessoires en autres matières.
5909.00.10
---Tuyaux pour l’extinction d’incendies
5909.00.90
---Autres
6001.22
--De fibres synthétiques ou artificielles
6001.22.10
---Tricots trame, uniquement de fibres de polyester brossé, d’une largeur excédant 175 cm, non imprégnés, enduits, recouverts ou stratifiés, d’un poids supérieur à 260 g/m² mais n’excédant pas 290 g/m², devant servir à la fabrication de fils
6001.22.90
---Autres
Numéro tarifaire
6001.92.40
C. 12
Jobs and Economic G
Dénomination des marchandises
---Velours et peluches par la chaîne coupé, uniquement de polyester, y compris le tissu de fond, brossé, devant servir à la fabrication d’intérieurs de cercueils
Emploi et croissance éc
SCHED (Section Tariff Item
Most-Favoured-Nation Tariff
2511.10.00
Effective on March 5, 2010.............Free
2514.00.10
Effective on March 5, 2010.............Free
2515.20.20
Effective on March 5, 2010.............Free
2516.12.10
Effective on March 5, 2010.............Free
2516.20.20
Effective on March 5, 2010.............Free
2516.90.20
Effective on March 5, 2010.............Free
2517.30.00
Effective on March 5, 2010.............Free
2518.20.00
Effective on March 5, 2010.............Free
2530.90.10
Effective on March 5, 2010.............Free
2705.00.00
Effective on March 5, 2010.............Free
2707.40.90
Effective on March 5, 2010.............Free
2707.99.10
Effective on March 5, 2010.............Free
2710.11.19
Effective on March 5, 2010.............Free
2710.19.20
Effective on March 5, 2010.............Free
2710.91.10
Effective on March 5, 2010.............Free
2710.91.91
Effective on March 5, 2010.............Free
2710.99.20
Effective on March 5, 2010.............Free
2710.99.91
Effective on March 5, 2010.............Free
2711.11.00
Effective on March 5, 2010.............Free
2712.90.10
Effective on March 5, 2010.............Free
2713.20.90
Effective on March 5, 2010.............Free
2714.10.00
Effective on March 5, 2010.............Free
2715.00.10
Effective on March 5, 2010.............Free
2804.10.00
Effective on March 5, 2010.............Free
2804.21.00
Effective on March 5, 2010.............Free
2804.29.90
Effective on March 5, 2010.............Free
2804.30.00
Effective on March 5, 2010.............Free
2804.40.00
Effective on March 5, 2010.............Free
2804.69.00
Effective on March 5, 2010.............Free
2805.12.00
Effective on March 5, 2010.............Free
2805.19.90
Effective on March 5, 2010.............Free
2805.30.00
Effective on March 5, 2010.............Free
2811.19.90
Effective on March 5, 2010.............Free
2811.21.90
Effective on March 5, 2010.............Free
2811.29.10
Effective on March 5, 2010.............Free
2811.29.99
Effective on March 5, 2010.............Free
2812.10.90
Effective on March 5, 2010.............Free
2812.90.90
Effective on March 5, 2010.............Free
C. 12
Jobs and Economic G
Tariff Item
Most-Favoured-Nation Tariff
2817.00.90
Effective on March 5, 2010.............Free
2819.90.90
Effective on March 5, 2010.............Free
2821.10.00
Effective on March 5, 2010.............Free
2821.20.00
Effective on March 5, 2010.............Free
2823.00.90
Effective on March 5, 2010.............Free
2824.10.00
Effective on March 5, 2010.............Free
2824.90.10
Effective on March 5, 2010.............Free
2824.90.90
Effective on March 5, 2010.............Free
2825.70.00
Effective on March 5, 2010.............Free
2825.90.10
Effective on March 5, 2010.............Free
2826.19.00
Effective on March 5, 2010.............Free
2826.90.10
Effective on March 5, 2010.............Free
2826.90.90
Effective on March 5, 2010.............Free
2827.10.90
Effective on March 5, 2010.............Free
2827.20.00
Effective on March 5, 2010.............Free
2827.35.00
Effective on March 5, 2010.............Free
2827.39.20
Effective on March 5, 2010.............Free
2827.39.30
Effective on March 5, 2010.............Free
2827.39.90
Effective on March 5, 2010.............Free
2827.41.00
Effective on March 5, 2010.............Free
2827.49.00
Effective on March 5, 2010.............Free
2827.60.10
Effective on March 5, 2010.............Free
2827.60.99
Effective on March 5, 2010.............Free
2829.19.90
Effective on March 5, 2010.............Free
2829.90.20
Effective on March 5, 2010.............Free
2830.10.00
Effective on March 5, 2010...............3% Effective on January 1, 2011..........2.5% Effective on January 1, 2012.............2% Effective on January 1, 2013...........Free
2833.21.90
Effective on March 5, 2010...............3% Effective on January 1, 2011..........2.5% Effective on January 1, 2012.............2% Effective on January 1, 2013...........Free
2833.24.00
Effective on March 5, 2010.............Free
2833.25.90
Effective on March 5, 2010.............Free
2833.40.90
Effective on March 5, 2010.............Free
2834.10.00
Effective on March 5, 2010.............Free
2834.29.10
Effective on March 5, 2010.............Free
2835.10.00
Effective on March 5, 2010.............Free
2835.22.10
Effective on March 5, 2010.............Free
2835.22.90
Effective on March 5, 2010.............Free
Emploi et croissance éc
Tariff Item
Most-Favoured-Nation Tariff
2835.24.00
Effective on March 5, 2010.............Free
2835.26.90
Effective on March 5, 2010.............Free
2835.29.21
Effective on March 5, 2010.............Free
2835.29.29
Effective on March 5, 2010.............Free
2835.29.90
Effective on March 5, 2010.............Free
2835.31.90
Effective on March 5, 2010.............Free
2835.39.90
Effective on March 5, 2010.............Free
2836.20.90
Effective on March 5, 2010.............Free
2836.91.90
Effective on March 5, 2010.............Free
2836.92.00
Effective on March 5, 2010.............Free
2836.99.90
Effective on March 5, 2010.............Free
2839.19.00
Effective on March 5, 2010...............5% Effective on January 1, 2011.............4% Effective on January 1, 2012.............3% Effective on January 1, 2013.............2% Effective on January 1, 2014...........Free
2839.90.10
Effective on March 5, 2010............2.5% Effective on January 1, 2011.............2% Effective on January 1, 2012...........Free
2841.50.20
Effective on March 5, 2010.............Free
2841.50.90
Effective on March 5, 2010.............Free
2841.61.00
Effective on March 5, 2010.............Free
2841.69.00
Effective on March 5, 2010.............Free
2841.70.90
Effective on March 5, 2010.............Free
2841.80.00
Effective on March 5, 2010.............Free
2841.90.20
Effective on March 5, 2010.............Free
2841.90.90
Effective on March 5, 2010.............Free
2842.10.10
Effective on March 5, 2010.............Free
2842.90.20
Effective on March 5, 2010.............Free
C. 12
Jobs and Economic G
Tariff Item
Most-Favoured-Nation Tariff
2842.90.91
Effective on March 5, 2010.............Free
2843.10.00
Effective on March 5, 2010.............Free
2843.21.00
Effective on March 5, 2010.............Free
2843.29.00
Effective on March 5, 2010.............Free
2843.30.91
Effective on March 5, 2010.............Free
2843.30.99
Effective on March 5, 2010.............Free
2843.90.90
Effective on March 5, 2010.............Free
2846.10.90
Effective on March 5, 2010.............Free
2846.90.00
Effective on March 5, 2010.............Free
2847.00.00
Effective on March 5, 2010...............5% Effective on January 1, 2011.............4% Effective on January 1, 2012.............3% Effective on January 1, 2013.............2% Effective on January 1, 2014...........Free
2850.00.19
Effective on March 5, 2010.............Free
2852.00.20
Effective on March 5, 2010.............Free
2852.00.30
Effective on March 5, 2010.............Free
2852.00.40
Effective on March 5, 2010.............Free
2852.00.50
Effective on March 5, 2010.............Free
2852.00.60
Effective on March 5, 2010.............Free
2852.00.70
Effective on March 5, 2010.............Free
2852.00.80
Effective on March 5, 2010.............Free
2852.00.90
Effective on March 5, 2010.............Free
2853.00.00
Effective on March 5, 2010.............Free
2903.15.00
Effective on March 5, 2010.............Free
2903.21.00
Effective on March 5, 2010.............Free
2903.39.00
Effective on March 5, 2010.............Free
2903.41.00
Effective on March 5, 2010.............Free
2903.42.00
Effective on March 5, 2010.............Free
2903.43.00
Effective on March 5, 2010.............Free
2903.44.00
Effective on March 5, 2010.............Free
2903.45.00
Effective on March 5, 2010.............Free
2903.46.00
Effective on March 5, 2010.............Free
2903.47.00
Effective on March 5, 2010.............Free
2903.49.00
Effective on March 5, 2010.............Free
2903.61.10
Effective on March 5, 2010.............Free
2903.69.90
Effective on March 5, 2010.............Free
2904.10.10
Effective on March 5, 2010.............Free
2904.10.99
Effective on March 5, 2010.............Free
2904.20.00
Effective on March 5, 2010.............Free
2904.90.00
Effective on March 5, 2010.............Free
2010 Tariff Item
Emploi et croissance éc
Most-Favoured-Nation Tariff
2905.11.00
Effective on March 5, 2010...............3% Effective on January 1, 2011..........2.5% Effective on January 1, 2012.............2% Effective on January 1, 2013...........Free
2905.12.00
Effective on March 5, 2010...............5% Effective on January 1, 2011.............4% Effective on January 1, 2012.............3% Effective on January 1, 2013.............2% Effective on January 1, 2014...........Free
2905.16.90
Effective on March 5, 2010.............Free
2905.17.00
Effective on March 5, 2010.............Free
2905.19.10
Effective on March 5, 2010.............Free
2905.19.99
Effective on March 5, 2010.............Free
2905.22.00
Effective on March 5, 2010.............Free
2905.31.00
Effective on March 5, 2010...............5% Effective on January 1, 2011.............4% Effective on January 1, 2012.............3% Effective on January 1, 2013.............2% Effective on January 1, 2014...........Free
2905.32.00
Effective on March 5, 2010.............Free
2905.39.00
Effective on March 5, 2010...............5% Effective on January 1, 2011.............4% Effective on January 1, 2012.............3% Effective on January 1, 2013.............2% Effective on January 1, 2014...........Free
2905.42.00
Effective on March 5, 2010.............Free
2905.43.00
Effective on March 5, 2010.............Free
2905.45.00
Effective on March 5, 2010...............6% Effective on January 1, 2011.............5% Effective on January 1, 2012.............4% Effective on January 1, 2013.............3% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
2905.49.10
Effective on March 5, 2010.............Free
2905.49.90
Effective on March 5, 2010.............Free
2905.51.00
Effective on March 5, 2010.............Free
2905.59.00
Effective on March 5, 2010.............Free
2906.12.00
Effective on March 5, 2010.............Free
2906.13.00
Effective on March 5, 2010.............Free
2906.19.90
Effective on March 5, 2010.............Free
2906.21.90
Effective on March 5, 2010.............Free
2906.29.00
Effective on March 5, 2010.............Free
2907.12.00
Effective on March 5, 2010.............Free
2907.13.00
Effective on March 5, 2010...............5% Effective on January 1, 2011.............4% Effective on January 1, 2012.............3%
738 Tariff Item
C. 12
Jobs and Economic G
Most-Favoured-Nation Tariff Effective on January 1, 2013.............2% Effective on January 1, 2014...........Free
2907.15.90
Effective on March 5, 2010.............Free
2907.19.10
Effective on March 5, 2010.............Free
2907.19.99
Effective on March 5, 2010.............Free
2907.21.90
Effective on March 5, 2010.............Free
2907.22.90
Effective on March 5, 2010.............Free
2907.29.20
Effective on March 5, 2010.............Free
2907.29.90
Effective on March 5, 2010.............Free
2908.11.90
Effective on March 5, 2010.............Free
2908.19.90
Effective on March 5, 2010.............Free
2908.91.00
Effective on March 5, 2010.............Free
2908.99.19
Effective on March 5, 2010.............Free
2908.99.90
Effective on March 5, 2010.............Free
2909.30.00
Effective on March 5, 2010.............Free
2909.41.00
Effective on March 5, 2010.............Free
2909.43.00
Effective on March 5, 2010.............Free
2909.44.90
Effective on March 5, 2010.............Free
2909.49.91
Effective on March 5, 2010.............Free
2909.49.92
Effective on March 5, 2010.............Free
2909.49.99
Effective on March 5, 2010.............Free
2909.50.90
Effective on March 5, 2010.............Free
2909.60.20
Effective on March 5, 2010.............Free
2909.60.99
Effective on March 5, 2010.............Free
2910.10.00
Effective on March 5, 2010.............Free
2910.20.00
Effective on March 5, 2010.............Free
2910.40.90
Effective on March 5, 2010.............Free
2910.90.90
Effective on March 5, 2010.............Free
2911.00.00
Effective on March 5, 2010.............Free
2912.19.10
Effective on March 5, 2010.............Free
2912.19.99
Effective on March 5, 2010.............Free
2912.29.00
Effective on March 5, 2010.............Free
2912.30.00
Effective on March 5, 2010.............Free
2912.50.00
Effective on March 5, 2010.............Free
2913.00.00
Effective on March 5, 2010.............Free
2914.11.00
Effective on March 5, 2010.............Free
2914.19.00
Effective on March 5, 2010.............Free
2914.22.00
Effective on March 5, 2010.............Free
2914.23.00
Effective on March 5, 2010.............Free
2914.31.00
Effective on March 5, 2010.............Free
Emploi et croissance éc
Tariff Item
Most-Favoured-Nation Tariff
2914.39.00
Effective on March 5, 2010.............Free
2914.40.90
Effective on March 5, 2010.............Free
2914.50.90
Effective on March 5, 2010.............Free
2914.61.00
Effective on March 5, 2010.............Free
2914.69.90
Effective on March 5, 2010.............Free
2914.70.00
Effective on March 5, 2010.............Free
2915.13.90
Effective on March 5, 2010.............Free
2915.24.00
Effective on March 5, 2010.............Free
2915.29.90
Effective on March 5, 2010.............Free
2915.32.00
Effective on March 5, 2010.............Free
2915.33.00
Effective on March 5, 2010.............Free
2915.36.00
Effective on March 5, 2010.............Free
2915.39.90
Effective on March 5, 2010.............Free
2915.50.10
Effective on March 5, 2010.............Free
2915.50.99
Effective on March 5, 2010.............Free
2915.70.10
Effective on March 5, 2010...............4% Effective on January 1, 2011.............3% Effective on January 1, 2012.............2% Effective on January 1, 2013...........Free
2915.70.99
Effective on March 5, 2010...............4% Effective on January 1, 2011.............3% Effective on January 1, 2012.............2% Effective on January 1, 2013...........Free
2915.90.10
Effective on March 5, 2010...............3% Effective on January 1, 2011..........2.5% Effective on January 1, 2012.............2% Effective on January 1, 2013...........Free
2915.90.92
Effective on March 5, 2010.............Free
2915.90.99
Effective on March 5, 2010.............Free
2916.12.20
Effective on March 5, 2010.............Free
2916.12.90
Effective on March 5, 2010.............Free
2916.15.00
Effective on March 5, 2010...............4% Effective on January 1, 2011.............3% Effective on January 1, 2012.............2% Effective on January 1, 2013...........Free
2916.19.00
Effective on March 5, 2010.............Free
2916.20.10
Effective on March 5, 2010.............Free
2916.20.99
Effective on March 5, 2010.............Free
2916.31.00
Effective on March 5, 2010.............Free
2916.32.00
Effective on March 5, 2010.............Free
2916.34.00
Effective on March 5, 2010.............Free
2916.35.00
Effective on March 5, 2010.............Free
2917.11.19
Effective on March 5, 2010.............Free
C. 12
Jobs and Economic G
Tariff Item
Most-Favoured-Nation Tariff
2917.11.90
Effective on March 5, 2010.............Free
2917.12.10
Effective on March 5, 2010...............5% Effective on January 1, 2011.............4% Effective on January 1, 2012.............3% Effective on January 1, 2013.............2% Effective on January 1, 2014...........Free
2917.12.99
Effective on March 5, 2010.............Free
2917.13.10
Effective on March 5, 2010...............4% Effective on January 1, 2011.............3% Effective on January 1, 2012.............2% Effective on January 1, 2013...........Free
2917.13.99
Effective on March 5, 2010.............Free
2917.14.90
Effective on March 5, 2010.............Free
2917.19.10
Effective on March 5, 2010...............6% Effective on January 1, 2011.............5% Effective on January 1, 2012.............4% Effective on January 1, 2013.............3% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
2917.19.99
Effective on March 5, 2010.............Free
2917.20.00
Effective on March 5, 2010.............Free
2917.32.00
Effective on March 5, 2010.............Free
2917.33.00
Effective on March 5, 2010.............Free
2917.34.10
Effective on March 5, 2010.............Free
2917.34.99
Effective on March 5, 2010.............Free
2917.39.90
Effective on March 5, 2010.............Free
2918.18.90
Effective on March 5, 2010.............Free
2918.19.10
Effective on March 5, 2010.............Free
2918.19.99
Effective on March 5, 2010.............Free
2918.23.00
Effective on March 5, 2010.............Free
2918.29.90
Effective on March 5, 2010.............Free
2918.91.00
Effective on March 5, 2010.............Free
2918.99.90
Effective on March 5, 2010.............Free
2919.90.10
Effective on March 5, 2010.............Free
2919.90.99
Effective on March 5, 2010.............Free
2920.11.00
Effective on March 5, 2010.............Free
2920.19.00
Effective on March 5, 2010.............Free
2920.90.10
Effective on March 5, 2010.............Free
2920.90.99
Effective on March 5, 2010.............Free
2921.11.90
Effective on March 5, 2010.............Free
2921.19.20
Effective on March 5, 2010.............Free
2921.19.91
Effective on March 5, 2010.............Free
2921.19.99
Effective on March 5, 2010.............Free
Emploi et croissance éc
Tariff Item
Most-Favoured-Nation Tariff
2921.22.00
Effective on March 5, 2010.............Free
2921.29.90
Effective on March 5, 2010.............Free
2921.30.90
Effective on March 5, 2010.............Free
2921.42.90
Effective on March 5, 2010.............Free
2921.43.90
Effective on March 5, 2010.............Free
2921.44.90
Effective on March 5, 2010.............Free
2921.45.91
Effective on March 5, 2010.............Free
2921.45.99
Effective on March 5, 2010.............Free
2921.46.00
Effective on March 5, 2010.............Free
2921.49.00
Effective on March 5, 2010.............Free
2921.51.90
Effective on March 5, 2010.............Free
2921.59.90
Effective on March 5, 2010.............Free
2922.11.00
Effective on March 5, 2010.............Free
2922.12.00
Effective on March 5, 2010.............Free
2922.13.00
Effective on March 5, 2010.............Free
2922.14.00
Effective on March 5, 2010.............Free
2922.19.91
Effective on March 5, 2010.............Free
2922.19.99
Effective on March 5, 2010.............Free
2922.21.00
Effective on March 5, 2010.............Free
2922.29.29
Effective on March 5, 2010.............Free
2922.29.90
Effective on March 5, 2010.............Free
2922.31.00
Effective on March 5, 2010.............Free
2922.39.90
Effective on March 5, 2010.............Free
2922.41.90
Effective on March 5, 2010.............Free
2922.44.00
Effective on March 5, 2010.............Free
2922.49.90
Effective on March 5, 2010.............Free
2922.50.90
Effective on March 5, 2010.............Free
2923.10.90
Effective on March 5, 2010.............Free
2923.20.90
Effective on March 5, 2010.............Free
2923.90.10
Effective on March 5, 2010.............Free
2923.90.99
Effective on March 5, 2010.............Free
2924.11.00
Effective on March 5, 2010.............Free
2924.12.90
Effective on March 5, 2010.............Free
2924.19.10
Effective on March 5, 2010.............Free
2924.19.99
Effective on March 5, 2010.............Free
2924.21.00
Effective on March 5, 2010.............Free
2924.23.19
Effective on March 5, 2010.............Free
2924.23.99
Effective on March 5, 2010.............Free
2924.24.00
Effective on March 5, 2010.............Free
2924.29.91
Effective on March 5, 2010.............Free
C. 12
Jobs and Economic G
Tariff Item
Most-Favoured-Nation Tariff
2924.29.99
Effective on March 5, 2010.............Free
2925.11.00
Effective on March 5, 2010.............Free
2925.12.00
Effective on March 5, 2010.............Free
2925.19.00
Effective on March 5, 2010.............Free
2925.21.90
Effective on March 5, 2010.............Free
2925.29.90
Effective on March 5, 2010.............Free
2926.30.00
Effective on March 5, 2010.............Free
2926.90.90
Effective on March 5, 2010.............Free
2929.90.10
Effective on March 5, 2010.............Free
2929.90.90
Effective on March 5, 2010.............Free
2930.20.10
Effective on March 5, 2010.............Free
2930.20.99
Effective on March 5, 2010.............Free
2930.30.20
Effective on March 5, 2010.............Free
2930.30.99
Effective on March 5, 2010.............Free
2930.50.90
Effective on March 5, 2010.............Free
2930.90.21
Effective on March 5, 2010.............Free
2930.90.29
Effective on March 5, 2010.............Free
2930.90.99
Effective on March 5, 2010.............Free
2931.00.10
Effective on March 5, 2010.............Free
2931.00.99
Effective on March 5, 2010.............Free
2932.19.00
Effective on March 5, 2010.............Free
2932.29.90
Effective on March 5, 2010.............Free
2932.91.00
Effective on March 5, 2010.............Free
2932.92.00
Effective on March 5, 2010.............Free
2932.93.00
Effective on March 5, 2010.............Free
2932.94.00
Effective on March 5, 2010.............Free
2932.95.00
Effective on March 5, 2010.............Free
2932.99.00
Effective on March 5, 2010.............Free
2933.19.90
Effective on March 5, 2010.............Free
2933.29.90
Effective on March 5, 2010.............Free
2933.32.90
Effective on March 5, 2010.............Free
2933.33.00
Effective on March 5, 2010.............Free
2933.39.90
Effective on March 5, 2010.............Free
2933.41.00
Effective on March 5, 2010.............Free
2933.49.10
Effective on March 5, 2010.............Free
2933.49.90
Effective on March 5, 2010.............Free
2933.55.00
Effective on March 5, 2010.............Free
2933.59.91
Effective on March 5, 2010.............Free
2933.59.99
Effective on March 5, 2010.............Free
2933.69.10
Effective on March 5, 2010.............Free
Emploi et croissance éc
Tariff Item
Most-Favoured-Nation Tariff
2933.69.99
Effective on March 5, 2010.............Free
2933.71.90
Effective on March 5, 2010.............Free
2933.72.00
Effective on March 5, 2010.............Free
2933.79.00
Effective on March 5, 2010.............Free
2933.91.90
Effective on March 5, 2010.............Free
2933.99.22
Effective on March 5, 2010.............Free
2933.99.90
Effective on March 5, 2010.............Free
2934.10.00
Effective on March 5, 2010.............Free
2934.20.90
Effective on March 5, 2010.............Free
2934.30.90
Effective on March 5, 2010.............Free
2934.91.00
Effective on March 5, 2010.............Free
2934.99.10
Effective on March 5, 2010.............Free
2934.99.99
Effective on March 5, 2010.............Free
2935.00.20
Effective on March 5, 2010.............Free
2935.00.99
Effective on March 5, 2010.............Free
2937.19.19
Effective on March 5, 2010.............Free
2937.29.10
Effective on March 5, 2010.............Free
2937.39.19
Effective on March 5, 2010.............Free
2937.50.10
Effective on March 5, 2010.............Free
2937.50.29
Effective on March 5, 2010.............Free
2937.50.39
Effective on March 5, 2010.............Free
2937.90.19
Effective on March 5, 2010.............Free
2938.90.00
Effective on March 5, 2010.............Free
2940.00.00
Effective on March 5, 2010.............Free
2942.00.90
Effective on March 5, 2010.............Free
3202.10.10
Effective on March 5, 2010.............Free
3203.00.10
Effective on March 5, 2010.............Free
3204.17.91
Effective on March 5, 2010...............4% Effective on January 1, 2011.............3% Effective on January 1, 2012..........2.5% Effective on January 1, 2013.............2% Effective on January 1, 2014...........Free
3204.17.99
Effective on March 5, 2010...............5% Effective on January 1, 2011.............4% Effective on January 1, 2012.............3% Effective on January 1, 2013.............2% Effective on January 1, 2014...........Free
3205.00.00
Effective on March 5, 2010.............Free
3206.19.90
Effective on March 5, 2010...............4% Effective on January 1, 2011.............3% Effective on January 1, 2012.............2% Effective on January 1, 2013...........Free
3206.20.00
Effective on March 5, 2010...............5%
744 Tariff Item
C. 12
Jobs and Economic G
Most-Favoured-Nation Tariff Effective on January 1, 2011.............4% Effective on January 1, 2012.............3% Effective on January 1, 2013.............2% Effective on January 1, 2014...........Free
3206.42.90
Effective on March 5, 2010.............Free
3206.49.29
Effective on March 5, 2010.............Free
3206.49.30
Effective on March 5, 2010.............Free
3206.49.89
Effective on March 5, 2010...............4% Effective on January 1, 2011.............3% Effective on January 1, 2012.............2% Effective on January 1, 2013...........Free
3206.49.90
Effective on March 5, 2010.............Free
3207.10.90
Effective on March 5, 2010.............Free
3207.20.00
Effective on March 5, 2010.............Free
3207.30.90
Effective on March 5, 2010.............Free
3207.40.90
Effective on March 5, 2010.............Free
3212.10.00
Effective on March 5, 2010.............Free
3212.90.90
Effective on March 5, 2010.............Free
3215.11.00
Effective on March 5, 2010.............Free
3215.19.90
Effective on March 5, 2010.............Free
3215.90.90
Effective on March 5, 2010.............Free
3801.30.90
Effective on March 5, 2010.............Free
3801.90.00
Effective on March 5, 2010.............Free
3806.30.90
Effective on March 5, 2010.............Free
3807.00.10
Effective on March 5, 2010.............Free
3809.91.20
Effective on March 5, 2010.............Free
3809.91.90
Effective on March 5, 2010.............Free
3809.92.10
Effective on March 5, 2010.............Free
3809.92.90
Effective on March 5, 2010.............Free
3809.93.00
Effective on March 5, 2010.............Free
3810.10.90
Effective on March 5, 2010.............Free
3810.90.00
Effective on March 5, 2010.............Free
3811.11.00
Effective on March 5, 2010.............Free
3811.19.00
Effective on March 5, 2010.............Free
3811.21.90
Effective on March 5, 2010.............Free
3811.29.00
Effective on March 5, 2010.............Free
Emploi et croissance éc
Tariff Item
Most-Favoured-Nation Tariff
3811.90.00
Effective on March 5, 2010.............Free
3812.10.00
Effective on March 5, 2010.............Free
3812.20.90
Effective on March 5, 2010.............Free
3812.30.90
Effective on March 5, 2010.............Free
3813.00.00
Effective on March 5, 2010.............Free
3814.00.00
Effective on March 5, 2010.............Free
3815.19.10
Effective on March 5, 2010.............Free
3815.90.10
Effective on March 5, 2010.............Free
3816.00.90
Effective on March 5, 2010.............Free
3817.00.90
Effective on March 5, 2010.............Free
3821.00.90
Effective on March 5, 2010.............Free
3823.11.00
Effective on March 5, 2010.............Free
3823.12.00
Effective on March 5, 2010.............Free
3823.19.00
Effective on March 5, 2010.............Free
3823.70.90
Effective on March 5, 2010.............Free
3824.10.00
Effective on March 5, 2010.............Free
3824.30.00
Effective on March 5, 2010.............Free
3824.40.00
Effective on March 5, 2010.............Free
3824.50.90
Effective on March 5, 2010.............Free
3824.60.00
Effective on March 5, 2010.............Free
3824.71.00
Effective on March 5, 2010.............Free
3824.72.00
Effective on March 5, 2010.............Free
3824.73.00
Effective on March 5, 2010.............Free
3824.74.00
Effective on March 5, 2010.............Free
3824.75.00
Effective on March 5, 2010.............Free
3824.76.00
Effective on March 5, 2010.............Free
3824.77.00
Effective on March 5, 2010.............Free
3824.78.00
Effective on March 5, 2010.............Free
3824.79.00
Effective on March 5, 2010.............Free
3824.81.00
Effective on March 5, 2010.............Free
3824.82.00
Effective on March 5, 2010.............Free
3824.83.00
Effective on March 5, 2010.............Free
C. 12
Jobs and Economic G
Tariff Item
Most-Favoured-Nation Tariff
3824.90.20
Effective on March 5, 2010.............Free
3824.90.30
Effective on March 5, 2010.............Free
3824.90.49
Effective on March 5, 2010.............Free
3824.90.90
Effective on March 5, 2010.............Free
3901.10.90
Effective on March 5, 2010...............6% Effective on January 1, 2011.............5% Effective on January 1, 2012.............4% Effective on January 1, 2013.............3% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
3901.20.90
Effective on March 5, 2010...............6% Effective on January 1, 2011.............5% Effective on January 1, 2012.............4% Effective on January 1, 2013.............3% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
3901.30.00
Effective on March 5, 2010...............4% Effective on January 1, 2011.............3% Effective on January 1, 2012.............2% Effective on January 1, 2013...........Free
3901.90.00
Effective on March 5, 2010...............4% Effective on January 1, 2011.............3% Effective on January 1, 2012.............2% Effective on January 1, 2013...........Free
3902.10.00
Effective on March 5, 2010...............4% Effective on January 1, 2011.............3% Effective on January 1, 2012.............2% Effective on January 1, 2013...........Free
3902.30.00
Effective on March 5, 2010...............6% Effective on January 1, 2011.............5% Effective on January 1, 2012.............4% Effective on January 1, 2013.............3% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
3902.90.10
Effective on March 5, 2010...............6% Effective on January 1, 2011.............5% Effective on January 1, 2012.............4% Effective on January 1, 2013.............3% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
3903.11.00
Effective on March 5, 2010.............Free
3903.19.10
Effective on March 5, 2010.............Free
3903.19.90
Effective on March 5, 2010.............Free
3903.20.10
Effective on March 5, 2010.............Free
3903.20.90
Effective on March 5, 2010.............Free
3903.30.10
Effective on March 5, 2010.............Free
3903.30.90
Effective on March 5, 2010.............Free
3903.90.00
Effective on March 5, 2010.............Free
Emploi et croissance éc
Tariff Item
Most-Favoured-Nation Tariff
3904.10.90
Effective on March 5, 2010.............Free
3904.21.00
Effective on March 5, 2010.............Free
3904.22.00
Effective on March 5, 2010.............Free
3904.30.90
Effective on March 5, 2010.............Free
3904.40.00
Effective on March 5, 2010.............Free
3904.50.10
Effective on March 5, 2010.............Free
3904.90.00
Effective on March 5, 2010.............Free
3905.12.00
Effective on March 5, 2010.............Free
3905.19.90
Effective on March 5, 2010.............Free
3905.21.00
Effective on March 5, 2010.............Free
3905.29.90
Effective on March 5, 2010.............Free
3905.91.10
Effective on March 5, 2010.............Free
3905.99.10
Effective on March 5, 2010.............Free
3906.10.90
Effective on March 5, 2010.............Free
3906.90.91
Effective on March 5, 2010.............Free
3907.20.90
Effective on March 5, 2010.............Free
3907.30.90
Effective on March 5, 2010.............Free
3907.40.10
Effective on March 5, 2010.............Free
3907.50.00
Effective on March 5, 2010.............Free
3907.60.90
Effective on March 5, 2010.............Free
3907.70.90
Effective on March 5, 2010.............Free
3907.91.00
Effective on March 5, 2010.............Free
3907.99.90
Effective on March 5, 2010.............Free
3908.10.00
Effective on March 5, 2010...............3% Effective on January 1, 2011.............2% Effective on January 1, 2012...........Free
3908.90.00
Effective on March 5, 2010...............6% Effective on January 1, 2011.............5% Effective on January 1, 2012.............4% Effective on January 1, 2013.............3% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
3909.10.10
Effective on March 5, 2010...............4% Effective on January 1, 2011.............3% Effective on January 1, 2012.............2% Effective on January 1, 2013...........Free
3909.20.90
Effective on March 5, 2010...............6% Effective on January 1, 2011.............5% Effective on January 1, 2012.............4% Effective on January 1, 2013.............3% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
3909.30.10
Effective on March 5, 2010.............Free
3909.40.91
Effective on March 5, 2010.............Free
C. 12
Jobs and Economic G
Tariff Item
Most-Favoured-Nation Tariff
3909.50.90
Effective on March 5, 2010.............Free
3910.00.90
Effective on March 5, 2010.............Free
3911.10.10
Effective on March 5, 2010.............Free
3911.90.90
Effective on March 5, 2010.............Free
3912.11.90
Effective on March 5, 2010.............Free
3912.12.00
Effective on March 5, 2010.............Free
3912.20.10
Effective on March 5, 2010.............Free
3912.39.10
Effective on March 5, 2010.............Free
3912.90.90
Effective on March 5, 2010.............Free
3913.10.00
Effective on March 5, 2010.............Free
3913.90.90
Effective on March 5, 2010.............Free
3914.00.10
Effective on March 5, 2010.............Free
3916.10.00
Effective on March 5, 2010.............Free
3916.20.00
Effective on March 5, 2010...............6% Effective on January 1, 2011.............5% Effective on January 1, 2012.............4% Effective on January 1, 2013.............3% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
3916.90.11
Effective on March 5, 2010.............Free
3916.90.99
Effective on March 5, 2010.............Free
3917.10.10
Effective on March 5, 2010.............Free
3917.21.00
Effective on March 5, 2010.............Free
3917.22.00
Effective on March 5, 2010.............Free
3917.23.90
Effective on March 5, 2010.............Free
3917.29.90
Effective on March 5, 2010.............Free
3917.31.90
Effective on March 5, 2010.............Free
3917.40.90
Effective on March 5, 2010.............Free
3919.10.10
Effective on March 5, 2010...............5% Effective on January 1, 2011.............4% Effective on January 1, 2012.............3% Effective on January 1, 2013.............2% Effective on January 1, 2014...........Free
3919.90.10
Effective on March 5, 2010...............5% Effective on January 1, 2011.............4% Effective on January 1, 2012.............3% Effective on January 1, 2013.............2% Effective on January 1, 2014...........Free
3919.90.99
Effective on March 5, 2010.............Free
3920.10.10
Effective on March 5, 2010.............Free
3920.10.90
Effective on March 5, 2010.............Free
3920.20.20
Effective on March 5, 2010.............Free
3920.20.90
Effective on March 5, 2010.............Free
3920.30.90
Effective on March 5, 2010.............Free
Emploi et croissance éc
Tariff Item
Most-Favoured-Nation Tariff
3920.43.90
Effective on March 5, 2010.............Free
3920.49.90
Effective on March 5, 2010.............Free
3920.51.90
Effective on March 5, 2010.............Free
3920.59.10
Effective on March 5, 2010.............Free
3920.61.10
Effective on March 5, 2010.............Free
3920.62.90
Effective on March 5, 2010.............Free
3920.63.00
Effective on March 5, 2010.............Free
3920.71.00
Effective on March 5, 2010.............Free
3920.73.10
Effective on March 5, 2010.............Free
3920.79.10
Effective on March 5, 2010.............Free
3920.79.29
Effective on March 5, 2010.............Free
3920.92.90
Effective on March 5, 2010.............Free
3920.93.00
Effective on March 5, 2010.............Free
3920.94.10
Effective on March 5, 2010.............Free
3920.99.91
Effective on March 5, 2010.............Free
3921.11.90
Effective on March 5, 2010...............3% Effective on January 1, 2011..........2.5% Effective on January 1, 2012.............2% Effective on January 1, 2013...........Free
3921.12.91
Effective on March 5, 2010...............5% Effective on January 1, 2011.............4% Effective on January 1, 2012.............3% Effective on January 1, 2013.............2% Effective on January 1, 2014...........Free
3921.12.99
Effective on March 5, 2010...............5% Effective on January 1, 2011.............4% Effective on January 1, 2012.............3% Effective on January 1, 2013.............2% Effective on January 1, 2014...........Free
3921.13.91
Effective on March 5, 2010...............5% Effective on January 1, 2011.............4% Effective on January 1, 2012.............3% Effective on January 1, 2013.............2% Effective on January 1, 2014...........Free
3921.13.99
Effective on March 5, 2010...............3% Effective on January 1, 2011..........2.5% Effective on January 1, 2012.............2% Effective on January 1, 2013...........Free
3921.14.90
Effective on March 5, 2010...............3% Effective on January 1, 2011..........2.5% Effective on January 1, 2012.............2% Effective on January 1, 2013...........Free
3921.19.90
Effective on March 5, 2010...............3% Effective on January 1, 2011..........2.5% Effective on January 1, 2012.............2% Effective on January 1, 2013...........Free
3921.90.12
Effective on March 5, 2010...............5%
750 Tariff Item
C. 12
Jobs and Economic G
Most-Favoured-Nation Tariff Effective on January 1, 2011.............4% Effective on January 1, 2012.............3% Effective on January 1, 2013.............2% Effective on January 1, 2014...........Free
3921.90.19
Effective on March 5, 2010...............5% Effective on January 1, 2011.............4% Effective on January 1, 2012.............3% Effective on January 1, 2013.............2% Effective on January 1, 2014...........Free
3921.90.94
Effective on March 5, 2010...............5% Effective on January 1, 2011.............4% Effective on January 1, 2012.............3% Effective on January 1, 2013.............2% Effective on January 1, 2014...........Free
3921.90.99
Effective on March 5, 2010...............3% Effective on January 1, 2011.............2% Effective on January 1, 2012...........Free
4005.10.90
Effective on March 5, 2010.............Free
4005.20.00
Effective on March 5, 2010.............Free
4005.91.90
Effective on March 5, 2010.............Free
4005.99.00
Effective on March 5, 2010.............Free
4006.10.00
Effective on March 5, 2010.............Free
4006.90.90
Effective on March 5, 2010.............Free
4007.00.90
Effective on March 5, 2010.............Free
4008.11.90
Effective on March 5, 2010.............Free
4008.19.10
Effective on March 5, 2010.............Free
4008.19.90
Effective on March 5, 2010.............Free
4008.21.90
Effective on March 5, 2010.............Free
4008.29.10
Effective on March 5, 2010.............Free
4008.29.90
Effective on March 5, 2010.............Free
4009.11.00
Effective on March 5, 2010.............Free
Emploi et croissance éc
Tariff Item
Most-Favoured-Nation Tariff
4009.12.00
Effective on March 5, 2010.............Free
4009.21.00
Effective on March 5, 2010.............Free
4009.22.90
Effective on March 5, 2010.............Free
4009.31.90
Effective on March 5, 2010.............Free
4009.32.90
Effective on March 5, 2010.............Free
4009.41.90
Effective on March 5, 2010.............Free
4009.42.90
Effective on March 5, 2010.............Free
4010.11.10
Effective on March 5, 2010.............Free
4010.11.20
Effective on March 5, 2010.............Free
4010.12.19
Effective on March 5, 2010.............Free
4010.12.29
Effective on March 5, 2010.............Free
4010.19.19
Effective on March 5, 2010.............Free
4010.19.29
Effective on March 5, 2010.............Free
4104.11.22
Effective on March 5, 2010.............Free
4104.11.29
Effective on March 5, 2010.............Free
4104.11.31
Effective on March 5, 2010.............Free
4104.11.39
Effective on March 5, 2010.............Free
4104.11.41
Effective on March 5, 2010.............Free
4104.11.49
Effective on March 5, 2010.............Free
4104.11.91
Effective on March 5, 2010.............Free
4104.11.99
Effective on March 5, 2010.............Free
4104.19.22
Effective on March 5, 2010.............Free
4104.19.29
Effective on March 5, 2010.............Free
4104.19.31
Effective on March 5, 2010.............Free
4104.19.39
Effective on March 5, 2010.............Free
4104.19.41
Effective on March 5, 2010.............Free
C. 12
Jobs and Economic G
Tariff Item
Most-Favoured-Nation Tariff
4104.19.49
Effective on March 5, 2010.............Free
4104.19.91
Effective on March 5, 2010.............Free
4104.19.99
Effective on March 5, 2010.............Free
4104.41.12
Effective on March 5, 2010.............Free
4104.41.19
Effective on March 5, 2010.............Free
4104.41.92
Effective on March 5, 2010.............Free
4104.41.99
Effective on March 5, 2010.............Free
4104.49.12
Effective on March 5, 2010.............Free
4104.49.19
Effective on March 5, 2010.............Free
4104.49.22
Effective on March 5, 2010.............Free
4104.49.29
Effective on March 5, 2010.............Free
4104.49.92
Effective on March 5, 2010.............Free
4104.49.93
Effective on March 5, 2010.............Free
4104.49.99
Effective on March 5, 2010.............Free
4105.10.12
Effective on March 5, 2010.............Free
4105.10.19
Effective on March 5, 2010.............Free
4105.10.29
Effective on March 5, 2010.............Free
4105.10.99
Effective on March 5, 2010.............Free
4105.30.12
Effective on March 5, 2010.............Free
4105.30.19
Effective on March 5, 2010.............Free
4105.30.99
Effective on March 5, 2010.............Free
4106.21.29
Effective on March 5, 2010.............Free
4106.21.99
Effective on March 5, 2010.............Free
4106.22.22
Effective on March 5, 2010.............Free
4106.22.29
Effective on March 5, 2010.............Free
4106.22.92
Effective on March 5, 2010.............Free
4106.22.99
Effective on March 5, 2010.............Free
4106.31.10
Effective on March 5, 2010.............Free
4106.31.92
Effective on March 5, 2010.............Free
4106.31.99
Effective on March 5, 2010.............Free
4106.32.20
Effective on March 5, 2010.............Free
4106.32.90
Effective on March 5, 2010.............Free
4106.91.20
Effective on March 5, 2010.............Free
4106.91.90
Effective on March 5, 2010.............Free
4106.92.20
Effective on March 5, 2010.............Free
4106.92.90
Effective on March 5, 2010.............Free
Emploi et croissance éc
Tariff Item
Most-Favoured-Nation Tariff
4107.11.12
Effective on March 5, 2010.............Free
4107.11.19
Effective on March 5, 2010.............Free
4107.11.92
Effective on March 5, 2010.............Free
4107.11.99
Effective on March 5, 2010.............Free
4107.12.12
Effective on March 5, 2010.............Free
4107.12.19
Effective on March 5, 2010.............Free
4107.12.92
Effective on March 5, 2010.............Free
4107.12.99
Effective on March 5, 2010.............Free
4107.19.12
Effective on March 5, 2010.............Free
4107.19.19
Effective on March 5, 2010.............Free
4107.19.92
Effective on March 5, 2010.............Free
4107.19.93
Effective on March 5, 2010.............Free
4107.19.99
Effective on March 5, 2010.............Free
4107.91.20
Effective on March 5, 2010.............Free
4107.91.90
Effective on March 5, 2010.............Free
4107.92.20
Effective on March 5, 2010.............Free
4107.92.90
Effective on March 5, 2010.............Free
4107.99.20
Effective on March 5, 2010.............Free
4107.99.30
Effective on March 5, 2010.............Free
4107.99.90
Effective on March 5, 2010.............Free
4112.00.90
Effective on March 5, 2010.............Free
4113.10.20
Effective on March 5, 2010.............Free
4113.10.90
Effective on March 5, 2010.............Free
4113.20.20
Effective on March 5, 2010.............Free
4113.20.90
Effective on March 5, 2010.............Free
4113.90.20
Effective on March 5, 2010.............Free
4113.90.90
Effective on March 5, 2010.............Free
4114.10.00
Effective on March 5, 2010.............Free
4114.20.90
Effective on March 5, 2010.............Free
4302.11.00
Effective on March 5, 2010.............Free
4302.19.22
Effective on March 5, 2010.............Free
4302.19.29
Effective on March 5, 2010.............Free
4302.19.30
Effective on March 5, 2010.............Free
4302.19.90
Effective on March 5, 2010.............Free
4302.20.00
Effective on March 5, 2010.............Free
4408.10.10
Effective on March 5, 2010............5.5%
754 Tariff Item
C. 12
Jobs and Economic G
Most-Favoured-Nation Tariff Effective on January 1, 2011.............5% Effective on January 1, 2012.............4% Effective on January 1, 2013.............3% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
4408.31.10
Effective on March 5, 2010.............Free
4408.39.10
Effective on March 5, 2010.............Free
4408.90.10
Effective on March 5, 2010............5.5% Effective on January 1, 2011.............5% Effective on January 1, 2012.............4% Effective on January 1, 2013.............3% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
4410.11.10
Effective on March 5, 2010...............2% Effective on January 1, 2011.............2% Effective on January 1, 2012...........Free
4410.12.00
Effective on March 5, 2010...............2% Effective on January 1, 2011.............2% Effective on January 1, 2012...........Free
4410.19.10
Effective on March 5, 2010...............2% Effective on January 1, 2011.............2% Effective on January 1, 2012...........Free
4412.10.10
Effective on March 5, 2010............4.5% Effective on January 1, 2011.............4% Effective on January 1, 2012..........3.5% Effective on January 1, 2013.............3% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
4412.10.90
Effective on March 5, 2010............5.5% Effective on January 1, 2011.............5% Effective on January 1, 2012.............4% Effective on January 1, 2013.............3% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
4412.31.90
Effective on March 5, 2010............4.5% Effective on January 1, 2011.............4% Effective on January 1, 2012..........3.5% Effective on January 1, 2013.............3% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
4412.32.90
Effective on March 5, 2010............4.5% Effective on January 1, 2011.............4% Effective on January 1, 2012..........3.5% Effective on January 1, 2013.............3% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
4412.39.10
Effective on March 5, 2010............5.5% Effective on January 1, 2011.............5% Effective on January 1, 2012.............4% Effective on January 1, 2013.............3% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
2010 Tariff Item
Emploi et croissance éc
Most-Favoured-Nation Tariff
4412.39.90
Effective on March 5, 2010............8.5% Effective on January 1, 2011..........7.5% Effective on January 1, 2012.............6% Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
4412.94.90
Effective on March 5, 2010............5.5% Effective on January 1, 2011.............5% Effective on January 1, 2012.............4% Effective on January 1, 2013.............3% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
4412.99.90
Effective on March 5, 2010............5.5% Effective on January 1, 2011.............5% Effective on January 1, 2012.............4% Effective on January 1, 2013.............3% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
4413.00.00
Effective on March 5, 2010.............Free
4415.20.90
Effective on March 5, 2010.............Free
4416.00.90
Effective on March 5, 2010.............Free
5106.10.90
Effective on March 5, 2010...............6% Effective on January 1, 2011.............5% Effective on January 1, 2012.............4% Effective on January 1, 2013.............3% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5106.20.00
Effective on March 5, 2010...............6% Effective on January 1, 2011.............5% Effective on January 1, 2012.............4% Effective on January 1, 2013.............3% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5107.10.90
Effective on March 5, 2010...............6% Effective on January 1, 2011.............5% Effective on January 1, 2012.............4% Effective on January 1, 2013.............3% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5107.20.90
Effective on March 5, 2010...............6% Effective on January 1, 2011.............5%
756 Tariff Item
C. 12
Jobs and Economic G
Most-Favoured-Nation Tariff Effective on January 1, 2012.............4% Effective on January 1, 2013.............3% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5111.11.50
Effective on March 5, 2010.............Free
5111.11.90
Effective on March 5, 2010...............7% Effective on January 1, 2011..........4.5% Effective on January 1, 2012.............2% Effective on January 1, 2013...........Free
5111.19.31
Effective on March 5, 2010.............Free
5111.19.32
Effective on March 5, 2010.............Free
5111.19.39
Effective on March 5, 2010.............Free
5111.19.90
Effective on March 5, 2010.............Free
5111.20.19
Effective on March 5, 2010.............Free
5111.20.29
Effective on March 5, 2010.............Free
5111.20.91
Effective on March 5, 2010.............Free
5111.20.92
Effective on March 5, 2010.............Free
5111.30.12
Effective on March 5, 2010.............Free
5111.30.13
Effective on March 5, 2010.............Free
5111.30.18
Effective on March 5, 2010.............Free
5111.30.19
Effective on March 5, 2010.............Free
5111.30.29
Effective on March 5, 2010.............Free
5111.30.91
Effective on March 5, 2010.............Free
5111.30.92
Effective on March 5, 2010.............Free
5111.90.50
Effective on March 5, 2010.............Free
5111.90.91
Effective on March 5, 2010.............Free
5111.90.92
Effective on March 5, 2010.............Free
5112.11.60
Effective on March 5, 2010.............Free
5112.11.90
Effective on March 5, 2010.............Free
5112.19.19
Effective on March 5, 2010.............Free
5112.19.94
Effective on March 5, 2010.............Free
5112.19.95
Effective on March 5, 2010.............Free
5112.20.30
Effective on March 5, 2010.............Free
5112.20.91
Effective on March 5, 2010.............Free
5112.20.92
Effective on March 5, 2010.............Free
5112.30.29
Effective on March 5, 2010.............Free
5112.30.30
Effective on March 5, 2010.............Free
5112.30.91
Effective on March 5, 2010.............Free
Emploi et croissance éc
Tariff Item
Most-Favoured-Nation Tariff
5112.30.94
Effective on March 5, 2010.............Free
5112.90.30
Effective on March 5, 2010.............Free
5112.90.91
Effective on March 5, 2010.............Free
5112.90.92
Effective on March 5, 2010.............Free
5113.00.90
Effective on March 5, 2010.............Free
5203.00.90
Effective on March 5, 2010.............Free
5204.11.10
Effective on March 5, 2010...............4% Effective on January 1, 2011..........3.5% Effective on January 1, 2012.............3% Effective on January 1, 2013..........2.5% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5204.11.90
Effective on March 5, 2010...............6% Effective on January 1, 2011.............5% Effective on January 1, 2012.............4% Effective on January 1, 2013.............3% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5205.11.90
Effective on March 5, 2010...............6% Effective on January 1, 2011.............5% Effective on January 1, 2012.............4% Effective on January 1, 2013.............3% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5205.12.90
Effective on March 5, 2010...............6% Effective on January 1, 2011.............5% Effective on January 1, 2012.............4% Effective on January 1, 2013.............3% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5205.13.90
Effective on March 5, 2010...............6% Effective on January 1, 2011.............5% Effective on January 1, 2012.............4% Effective on January 1, 2013.............3% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5205.14.90
Effective on March 5, 2010...............6% Effective on January 1, 2011.............5% Effective on January 1, 2012.............4% Effective on January 1, 2013.............3% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5205.21.90
Effective on March 5, 2010...............6% Effective on January 1, 2011.............5% Effective on January 1, 2012.............4% Effective on January 1, 2013.............3% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
758 Tariff Item
C. 12
Jobs and Economic G
Most-Favoured-Nation Tariff
5205.22.90
Effective on March 5, 2010...............6% Effective on January 1, 2011.............5% Effective on January 1, 2012.............4% Effective on January 1, 2013.............3% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5205.23.90
Effective on March 5, 2010...............6% Effective on January 1, 2011.............5% Effective on January 1, 2012.............4% Effective on January 1, 2013.............3% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5205.24.90
Effective on March 5, 2010...............6% Effective on January 1, 2011.............5% Effective on January 1, 2012.............4% Effective on January 1, 2013.............3% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5205.31.90
Effective on March 5, 2010...............6% Effective on January 1, 2011.............5% Effective on January 1, 2012.............4% Effective on January 1, 2013.............3% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5205.32.90
Effective on March 5, 2010...............6% Effective on January 1, 2011.............5% Effective on January 1, 2012.............4% Effective on January 1, 2013.............3% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5205.41.90
Effective on March 5, 2010...............6% Effective on January 1, 2011.............5% Effective on January 1, 2012.............4% Effective on January 1, 2013.............3% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5205.42.90
Effective on March 5, 2010...............6% Effective on January 1, 2011.............5% Effective on January 1, 2012.............4% Effective on January 1, 2013.............3% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5206.11.00
Effective on March 5, 2010...............6% Effective on January 1, 2011.............5% Effective on January 1, 2012.............4% Effective on January 1, 2013.............3% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5206.12.00
Effective on March 5, 2010...............6% Effective on January 1, 2011.............5% Effective on January 1, 2012.............4% Effective on January 1, 2013.............3%
2010 Tariff Item
Emploi et croissance éc
Most-Favoured-Nation Tariff Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5206.13.00
Effective on March 5, 2010...............6% Effective on January 1, 2011.............5% Effective on January 1, 2012.............4% Effective on January 1, 2013.............3% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5206.22.00
Effective on March 5, 2010...............6% Effective on January 1, 2011.............5% Effective on January 1, 2012.............4% Effective on January 1, 2013.............3% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5206.31.00
Effective on March 5, 2010...............6% Effective on January 1, 2011.............5% Effective on January 1, 2012.............4% Effective on January 1, 2013.............3% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5206.32.00
Effective on March 5, 2010...............6% Effective on January 1, 2011.............5% Effective on January 1, 2012.............4% Effective on January 1, 2013.............3% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5206.34.00
Effective on March 5, 2010...............6% Effective on January 1, 2011.............5% Effective on January 1, 2012.............4% Effective on January 1, 2013.............3% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5206.35.00
Effective on March 5, 2010...............6% Effective on January 1, 2011.............5% Effective on January 1, 2012.............4% Effective on January 1, 2013.............3% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5206.41.00
Effective on March 5, 2010...............6% Effective on January 1, 2011.............5% Effective on January 1, 2012.............4% Effective on January 1, 2013.............3% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5206.42.00
Effective on March 5, 2010...............6% Effective on January 1, 2011.............5% Effective on January 1, 2012.............4% Effective on January 1, 2013.............3% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5206.43.00
Effective on March 5, 2010...............6% Effective on January 1, 2011.............5%
760 Tariff Item
C. 12
Jobs and Economic G
Most-Favoured-Nation Tariff Effective on January 1, 2012.............4% Effective on January 1, 2013.............3% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5206.44.00
Effective on March 5, 2010...............6% Effective on January 1, 2011.............5% Effective on January 1, 2012.............4% Effective on January 1, 2013.............3% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5208.12.90
Effective on March 5, 2010.............Free
5208.13.90
Effective on March 5, 2010.............Free
5208.19.90
Effective on March 5, 2010.............Free
5208.21.99
Effective on March 5, 2010.............Free
5208.22.90
Effective on March 5, 2010.............Free
5208.23.99
Effective on March 5, 2010.............Free
5208.29.99
Effective on March 5, 2010.............Free
5208.31.99
Effective on March 5, 2010.............Free
5208.32.90
Effective on March 5, 2010.............Free
5208.33.99
Effective on March 5, 2010.............Free
5208.39.90
Effective on March 5, 2010.............Free
5208.41.90
Effective on March 5, 2010.............Free
5208.42.99
Effective on March 5, 2010.............Free
5208.43.90
Effective on March 5, 2010.............Free
5208.49.99
Effective on March 5, 2010.............Free
5208.51.90
Effective on March 5, 2010.............Free
5208.52.90
Effective on March 5, 2010.............Free
5208.59.99
Effective on March 5, 2010.............Free
5209.11.90
Effective on March 5, 2010.............Free
5209.12.90
Effective on March 5, 2010.............Free
5209.19.90
Effective on March 5, 2010.............Free
5209.21.90
Effective on March 5, 2010.............Free
5209.22.90
Effective on March 5, 2010.............Free
5209.29.90
Effective on March 5, 2010.............Free
5209.31.90
Effective on March 5, 2010.............Free
5209.32.90
Effective on March 5, 2010.............Free
5209.39.90
Effective on March 5, 2010.............Free
5209.41.90
Effective on March 5, 2010.............Free
5209.42.90
Effective on March 5, 2010.............Free
5209.43.99
Effective on March 5, 2010.............Free
Emploi et croissance éc
Tariff Item
Most-Favoured-Nation Tariff
5209.49.90
Effective on March 5, 2010.............Free
5209.51.00
Effective on March 5, 2010.............Free
5209.52.90
Effective on March 5, 2010...............7% Effective on January 1, 2011..........4.5% Effective on January 1, 2012.............2% Effective on January 1, 2013...........Free
5209.59.90
Effective on March 5, 2010.............Free
5210.11.00
Effective on March 5, 2010...............7% Effective on January 1, 2011..........4.5% Effective on January 1, 2012.............2% Effective on January 1, 2013...........Free
5210.19.00
Effective on March 5, 2010...............7% Effective on January 1, 2011..........4.5% Effective on January 1, 2012.............2% Effective on January 1, 2013...........Free
5210.21.00
Effective on March 5, 2010...............7% Effective on January 1, 2011..........4.5% Effective on January 1, 2012.............2% Effective on January 1, 2013...........Free
5210.29.00
Effective on March 5, 2010...............7% Effective on January 1, 2011..........4.5% Effective on January 1, 2012.............2% Effective on January 1, 2013...........Free
5210.31.00
Effective on March 5, 2010...............7% Effective on January 1, 2011..........4.5% Effective on January 1, 2012.............2% Effective on January 1, 2013...........Free
5210.32.00
Effective on March 5, 2010...............7% Effective on January 1, 2011..........4.5% Effective on January 1, 2012.............2% Effective on January 1, 2013...........Free
5210.39.00
Effective on March 5, 2010...............7% Effective on January 1, 2011..........4.5% Effective on January 1, 2012.............2% Effective on January 1, 2013...........Free
5210.41.00
Effective on March 5, 2010...............7% Effective on January 1, 2011..........4.5% Effective on January 1, 2012.............2% Effective on January 1, 2013...........Free
5210.49.19
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8% Effective on January 1, 2012.............6% Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5210.49.90
Effective on March 5, 2010...............7% Effective on January 1, 2011..........4.5% Effective on January 1, 2012.............2% Effective on January 1, 2013...........Free
5210.51.90
Effective on March 5, 2010...............7%
762 Tariff Item
C. 12
Jobs and Economic G
Most-Favoured-Nation Tariff Effective on January 1, 2011..........4.5% Effective on January 1, 2012.............2% Effective on January 1, 2013...........Free
5210.59.00
Effective on March 5, 2010...............7% Effective on January 1, 2011..........4.5% Effective on January 1, 2012.............2% Effective on January 1, 2013...........Free
5211.11.00
Effective on March 5, 2010...............7% Effective on January 1, 2011..........4.5% Effective on January 1, 2012.............2% Effective on January 1, 2013...........Free
5211.12.90
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8% Effective on January 1, 2012.............6% Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5211.19.00
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8% Effective on January 1, 2012.............6% Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5211.20.19
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8% Effective on January 1, 2012.............6% Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5211.20.90
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8% Effective on January 1, 2012.............6% Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5211.31.00
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8% Effective on January 1, 2012.............6% Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5211.32.90
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8% Effective on January 1, 2012.............6% Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5211.39.00
Effective on March 5, 2010...............7%
2010 Tariff Item
Emploi et croissance éc
Most-Favoured-Nation Tariff Effective on January 1, 2011..........4.5% Effective on January 1, 2012.............2% Effective on January 1, 2013...........Free
5211.41.90
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8% Effective on January 1, 2012.............6% Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5211.42.90
Effective on March 5, 2010.............Free
5211.43.90
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8% Effective on January 1, 2012.............6% Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5211.51.00
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8% Effective on January 1, 2012.............6% Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5211.52.90
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8% Effective on January 1, 2012.............6% Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5211.59.00
Effective on March 5, 2010...............7% Effective on January 1, 2011..........4.5% Effective on January 1, 2012.............2% Effective on January 1, 2013...........Free
5212.11.30
Effective on March 5, 2010...............6% Effective on January 1, 2011.............5% Effective on January 1, 2012.............4% Effective on January 1, 2013.............3% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5212.11.90
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8% Effective on January 1, 2012.............6% Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5212.12.30
Effective on March 5, 2010...............6% Effective on January 1, 2011.............5% Effective on January 1, 2012.............4% Effective on January 1, 2013.............3% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5212.12.90
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8%
764 Tariff Item
C. 12
Jobs and Economic G
Most-Favoured-Nation Tariff Effective on January 1, 2012.............6% Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5212.13.40
Effective on March 5, 2010...............6% Effective on January 1, 2011.............5% Effective on January 1, 2012.............4% Effective on January 1, 2013.............3% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5212.13.90
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8% Effective on January 1, 2012.............6% Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5212.14.40
Effective on March 5, 2010...............6% Effective on January 1, 2011.............5% Effective on January 1, 2012.............4% Effective on January 1, 2013.............3% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5212.14.90
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8% Effective on January 1, 2012.............6% Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5212.15.30
Effective on March 5, 2010...............6% Effective on January 1, 2011.............5% Effective on January 1, 2012.............4% Effective on January 1, 2013.............3% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5212.15.90
Effective on March 5, 2010...............7% Effective on January 1, 2011..........4.5% Effective on January 1, 2012.............2% Effective on January 1, 2013...........Free
5212.21.30
Effective on March 5, 2010...............6% Effective on January 1, 2011.............5% Effective on January 1, 2012.............4% Effective on January 1, 2013.............3% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5212.21.90
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8% Effective on January 1, 2012.............6% Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5212.22.30
Effective on March 5, 2010...............6% Effective on January 1, 2011.............5%
2010 Tariff Item
Emploi et croissance éc
Most-Favoured-Nation Tariff Effective on January 1, 2012.............4% Effective on January 1, 2013.............3% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5212.22.90
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8% Effective on January 1, 2012.............6% Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5212.23.30
Effective on March 5, 2010...............6% Effective on January 1, 2011.............5% Effective on January 1, 2012.............4% Effective on January 1, 2013.............3% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5212.23.90
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8% Effective on January 1, 2012.............6% Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5212.24.30
Effective on March 5, 2010...............6% Effective on January 1, 2011.............5% Effective on January 1, 2012.............4% Effective on January 1, 2013.............3% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5212.24.90
Effective on March 5, 2010...............7% Effective on January 1, 2011..........4.5% Effective on January 1, 2012.............2% Effective on January 1, 2013...........Free
5212.25.30
Effective on March 5, 2010...............6% Effective on January 1, 2011.............5% Effective on January 1, 2012.............4% Effective on January 1, 2013.............3% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5212.25.90
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8% Effective on January 1, 2012.............6% Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5308.90.90
Effective on March 5, 2010...............6% Effective on January 1, 2011.............5% Effective on January 1, 2012.............4% Effective on January 1, 2013.............3% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5309.11.90
Effective on March 5, 2010.............Free
5309.19.90
Effective on March 5, 2010.............Free
C. 12
Jobs and Economic G
Tariff Item
Most-Favoured-Nation Tariff
5309.21.90
Effective on March 5, 2010.............Free
5309.29.90
Effective on March 5, 2010.............Free
5310.90.99
Effective on March 5, 2010.............Free
5311.00.90
Effective on March 5, 2010.............Free
5401.10.00
Effective on March 5, 2010...............6% Effective on January 1, 2011.............5% Effective on January 1, 2012.............4% Effective on January 1, 2013.............3% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5402.11.90
Effective on March 5, 2010...............6% Effective on January 1, 2011.............5% Effective on January 1, 2012.............4% Effective on January 1, 2013.............3% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5402.19.90
Effective on March 5, 2010...............6% Effective on January 1, 2011.............5% Effective on January 1, 2012.............4% Effective on January 1, 2013.............3% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5402.20.90
Effective on March 5, 2010...............6% Effective on January 1, 2011.............5% Effective on January 1, 2012.............4% Effective on January 1, 2013.............3% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5402.31.90
Effective on March 5, 2010...............6% Effective on January 1, 2011.............5% Effective on January 1, 2012.............4% Effective on January 1, 2013.............3% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5402.32.90
Effective on March 5, 2010...............6% Effective on January 1, 2011.............5% Effective on January 1, 2012.............4% Effective on January 1, 2013.............3% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5402.33.90
Effective on March 5, 2010...............6% Effective on January 1, 2011.............5% Effective on January 1, 2012.............4% Effective on January 1, 2013.............3% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5402.34.90
Effective on March 5, 2010...............6% Effective on January 1, 2011.............5% Effective on January 1, 2012.............4% Effective on January 1, 2013.............3% Effective on January 1, 2014.............2%
2010 Tariff Item
Emploi et croissance éc
Most-Favoured-Nation Tariff Effective on January 1, 2015...........Free
5402.39.00
Effective on March 5, 2010...............6% Effective on January 1, 2011.............5% Effective on January 1, 2012.............4% Effective on January 1, 2013.............3% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5402.51.90
Effective on March 5, 2010...............6% Effective on January 1, 2011.............5% Effective on January 1, 2012.............4% Effective on January 1, 2013.............3% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5402.52.99
Effective on March 5, 2010...............6% Effective on January 1, 2011.............5% Effective on January 1, 2012.............4% Effective on January 1, 2013.............3% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5402.59.90
Effective on March 5, 2010...............6% Effective on January 1, 2011.............5% Effective on January 1, 2012.............4% Effective on January 1, 2013.............3% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5402.61.00
Effective on March 5, 2010...............6% Effective on January 1, 2011.............5% Effective on January 1, 2012.............4% Effective on January 1, 2013.............3% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5402.62.90
Effective on March 5, 2010...............6% Effective on January 1, 2011.............5% Effective on January 1, 2012.............4% Effective on January 1, 2013.............3% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5402.69.90
Effective on March 5, 2010...............6% Effective on January 1, 2011.............5% Effective on January 1, 2012.............4% Effective on January 1, 2013.............3% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5407.10.20
Effective on March 5, 2010...............8% Effective on January 1, 2011..........6.5% Effective on January 1, 2012.............5% Effective on January 1, 2013..........3.5% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5407.10.90
Effective on March 5, 2010...............7% Effective on January 1, 2011..........4.5% Effective on January 1, 2012.............2%
768 Tariff Item
C. 12
Jobs and Economic G
Most-Favoured-Nation Tariff Effective on January 1, 2013...........Free
5407.20.99
Effective on March 5, 2010...............7% Effective on January 1, 2011..........4.5% Effective on January 1, 2012.............2% Effective on January 1, 2013...........Free
5407.30.90
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8% Effective on January 1, 2012.............6% Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5407.41.90
Effective on March 5, 2010...............7% Effective on January 1, 2011..........4.5% Effective on January 1, 2012.............2% Effective on January 1, 2013...........Free
5407.42.90
Effective on March 5, 2010...............7% Effective on January 1, 2011..........4.5% Effective on January 1, 2012.............2% Effective on January 1, 2013...........Free
5407.43.00
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8% Effective on January 1, 2012.............6% Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5407.44.00
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8% Effective on January 1, 2012.............6% Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5407.51.90
Effective on March 5, 2010...............7% Effective on January 1, 2011..........4.5% Effective on January 1, 2012.............2% Effective on January 1, 2013...........Free
5407.52.19
Effective on March 5, 2010...............8% Effective on January 1, 2011..........6.5% Effective on January 1, 2012.............5% Effective on January 1, 2013..........3.5% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5407.52.90
Effective on March 5, 2010.............Free
5407.53.00
Effective on March 5, 2010...............7% Effective on January 1, 2011..........4.5% Effective on January 1, 2012.............2% Effective on January 1, 2013...........Free
2010 Tariff Item
Emploi et croissance éc
Most-Favoured-Nation Tariff
5407.54.90
Effective on March 5, 2010...............7% Effective on January 1, 2011..........4.5% Effective on January 1, 2012.............2% Effective on January 1, 2013...........Free
5407.61.11
Effective on March 5, 2010.............Free
5407.61.19
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8% Effective on January 1, 2012.............6% Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5407.61.93
Effective on March 5, 2010.............Free
5407.61.99
Effective on March 5, 2010.............Free
5407.69.90
Effective on March 5, 2010...............7% Effective on January 1, 2011..........4.5% Effective on January 1, 2012.............2% Effective on January 1, 2013...........Free
5407.71.00
Effective on March 5, 2010...............7% Effective on January 1, 2011..........4.5% Effective on January 1, 2012.............2% Effective on January 1, 2013...........Free
5407.72.00
Effective on March 5, 2010...............7% Effective on January 1, 2011..........4.5% Effective on January 1, 2012.............2% Effective on January 1, 2013...........Free
5407.73.90
Effective on March 5, 2010...............7% Effective on January 1, 2011..........4.5% Effective on January 1, 2012.............2% Effective on January 1, 2013...........Free
5407.74.00
Effective on March 5, 2010...............7% Effective on January 1, 2011..........4.5% Effective on January 1, 2012.............2% Effective on January 1, 2013...........Free
5407.81.90
Effective on March 5, 2010...............7% Effective on January 1, 2011..........4.5% Effective on January 1, 2012.............2% Effective on January 1, 2013...........Free
5407.82.99
Effective on March 5, 2010...............7% Effective on January 1, 2011..........4.5% Effective on January 1, 2012.............2% Effective on January 1, 2013...........Free
5407.83.99
Effective on March 5, 2010...............7% Effective on January 1, 2011..........4.5% Effective on January 1, 2012.............2% Effective on January 1, 2013...........Free
5407.84.90
Effective on March 5, 2010...............7% Effective on January 1, 2011..........4.5% Effective on January 1, 2012.............2% Effective on January 1, 2013...........Free
5407.91.90
Effective on March 5, 2010.............10%
770 Tariff Item
C. 12
Jobs and Economic G
Most-Favoured-Nation Tariff Effective on January 1, 2011.............8% Effective on January 1, 2012.............6% Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5407.92.90
Effective on March 5, 2010.............Free
5407.93.90
Effective on March 5, 2010...............7% Effective on January 1, 2011..........4.5% Effective on January 1, 2012.............2% Effective on January 1, 2013...........Free
5407.94.90
Effective on March 5, 2010...............7% Effective on January 1, 2011..........4.5% Effective on January 1, 2012.............2% Effective on January 1, 2013...........Free
5408.10.90
Effective on March 5, 2010.............Free
5408.21.90
Effective on March 5, 2010.............Free
5408.22.29
Effective on March 5, 2010.............Free
5408.22.99
Effective on March 5, 2010.............Free
5408.23.19
Effective on March 5, 2010.............Free
5408.23.99
Effective on March 5, 2010.............Free
5408.24.19
Effective on March 5, 2010.............Free
5408.24.99
Effective on March 5, 2010.............Free
5408.31.90
Effective on March 5, 2010.............Free
5408.32.90
Effective on March 5, 2010.............Free
5408.33.90
Effective on March 5, 2010.............Free
5408.34.90
Effective on March 5, 2010.............Free
5508.10.10
Effective on March 5, 2010...............6% Effective on January 1, 2011.............5% Effective on January 1, 2012.............4% Effective on January 1, 2013.............3% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5509.11.00
Effective on March 5, 2010...............6% Effective on January 1, 2011.............5% Effective on January 1, 2012.............4% Effective on January 1, 2013.............3% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5509.12.90
Effective on March 5, 2010...............6% Effective on January 1, 2011.............5% Effective on January 1, 2012.............4% Effective on January 1, 2013.............3% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5509.21.90
Effective on March 5, 2010...............6% Effective on January 1, 2011.............5% Effective on January 1, 2012.............4% Effective on January 1, 2013.............3%
2010 Tariff Item
Emploi et croissance éc
Most-Favoured-Nation Tariff Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5509.22.30
Effective on March 5, 2010...............6% Effective on January 1, 2011.............5% Effective on January 1, 2012.............4% Effective on January 1, 2013.............3% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5509.22.90
Effective on March 5, 2010...............6% Effective on January 1, 2011.............5% Effective on January 1, 2012.............4% Effective on January 1, 2013.............3% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5509.31.00
Effective on March 5, 2010...............6% Effective on January 1, 2011.............5% Effective on January 1, 2012.............4% Effective on January 1, 2013.............3% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5509.32.90
Effective on March 5, 2010...............6% Effective on January 1, 2011.............5% Effective on January 1, 2012.............4% Effective on January 1, 2013.............3% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5509.41.90
Effective on March 5, 2010...............6% Effective on January 1, 2011.............5% Effective on January 1, 2012.............4% Effective on January 1, 2013.............3% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5509.42.00
Effective on March 5, 2010...............6% Effective on January 1, 2011.............5% Effective on January 1, 2012.............4% Effective on January 1, 2013.............3% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5509.52.90
Effective on March 5, 2010...............6% Effective on January 1, 2011.............5% Effective on January 1, 2012.............4% Effective on January 1, 2013.............3% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5509.53.90
Effective on March 5, 2010...............6% Effective on January 1, 2011.............5% Effective on January 1, 2012.............4% Effective on January 1, 2013.............3% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5509.61.00
Effective on March 5, 2010...............6% Effective on January 1, 2011.............5%
772 Tariff Item
C. 12
Jobs and Economic G
Most-Favoured-Nation Tariff Effective on January 1, 2012.............4% Effective on January 1, 2013.............3% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5509.62.00
Effective on March 5, 2010...............6% Effective on January 1, 2011.............5% Effective on January 1, 2012.............4% Effective on January 1, 2013.............3% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5509.91.00
Effective on March 5, 2010...............6% Effective on January 1, 2011.............5% Effective on January 1, 2012.............4% Effective on January 1, 2013.............3% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5509.92.00
Effective on March 5, 2010...............6% Effective on January 1, 2011.............5% Effective on January 1, 2012.............4% Effective on January 1, 2013.............3% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5509.99.00
Effective on March 5, 2010...............6% Effective on January 1, 2011.............5% Effective on January 1, 2012.............4% Effective on January 1, 2013.............3% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5510.11.90
Effective on March 5, 2010...............6% Effective on January 1, 2011.............5% Effective on January 1, 2012.............4% Effective on January 1, 2013.............3% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5510.12.90
Effective on March 5, 2010...............6% Effective on January 1, 2011.............5% Effective on January 1, 2012.............4% Effective on January 1, 2013.............3% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5510.20.90
Effective on March 5, 2010...............6% Effective on January 1, 2011.............5% Effective on January 1, 2012.............4% Effective on January 1, 2013.............3% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5510.30.90
Effective on March 5, 2010...............6% Effective on January 1, 2011.............5% Effective on January 1, 2012.............4% Effective on January 1, 2013.............3% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
2010 Tariff Item
Emploi et croissance éc
Most-Favoured-Nation Tariff
5510.90.00
Effective on March 5, 2010...............6% Effective on January 1, 2011.............5% Effective on January 1, 2012.............4% Effective on January 1, 2013.............3% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5512.11.99
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8% Effective on January 1, 2012.............6% Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5512.19.99
Effective on March 5, 2010...............7% Effective on January 1, 2011..........4.5% Effective on January 1, 2012.............2% Effective on January 1, 2013...........Free
5512.21.90
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8% Effective on January 1, 2012.............6% Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5512.29.99
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8% Effective on January 1, 2012.............6% Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5512.91.90
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8% Effective on January 1, 2012.............6% Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5512.99.99
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8% Effective on January 1, 2012.............6% Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5513.11.99
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8% Effective on January 1, 2012.............6% Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5513.12.99
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8% Effective on January 1, 2012.............6% Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
774 Tariff Item
C. 12
Jobs and Economic G
Most-Favoured-Nation Tariff
5513.13.99
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8% Effective on January 1, 2012.............6% Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5513.19.00
Effective on March 5, 2010...............7% Effective on January 1, 2011..........4.5% Effective on January 1, 2012.............2% Effective on January 1, 2013...........Free
5513.21.00
Effective on March 5, 2010...............7% Effective on January 1, 2011..........4.5% Effective on January 1, 2012.............2% Effective on January 1, 2013...........Free
5513.23.19
Effective on March 5, 2010...............7% Effective on January 1, 2011..........4.5% Effective on January 1, 2012.............2% Effective on January 1, 2013...........Free
5513.23.99
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8% Effective on January 1, 2012.............6% Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5513.29.90
Effective on March 5, 2010...............7% Effective on January 1, 2011..........4.5% Effective on January 1, 2012.............2% Effective on January 1, 2013...........Free
5513.31.90
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8% Effective on January 1, 2012.............6% Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5513.39.19
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8% Effective on January 1, 2012.............6% Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5513.39.99
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8% Effective on January 1, 2012.............6% Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5513.41.90
Effective on March 5, 2010...............7% Effective on January 1, 2011..........4.5% Effective on January 1, 2012.............2% Effective on January 1, 2013...........Free
2010 Tariff Item
Emploi et croissance éc
Most-Favoured-Nation Tariff
5513.49.90
Effective on March 5, 2010...............7% Effective on January 1, 2011..........4.5% Effective on January 1, 2012.............2% Effective on January 1, 2013...........Free
5514.11.99
Effective on March 5, 2010...............7% Effective on January 1, 2011..........4.5% Effective on January 1, 2012.............2% Effective on January 1, 2013...........Free
5514.12.90
Effective on March 5, 2010...............7% Effective on January 1, 2011..........4.5% Effective on January 1, 2012.............2% Effective on January 1, 2013...........Free
5514.19.90
Effective on March 5, 2010...............7% Effective on January 1, 2011..........4.5% Effective on January 1, 2012.............2% Effective on January 1, 2013...........Free
5514.21.00
Effective on March 5, 2010...............7% Effective on January 1, 2011..........4.5% Effective on January 1, 2012.............2% Effective on January 1, 2013...........Free
5514.22.90
Effective on March 5, 2010...............7% Effective on January 1, 2011..........4.5% Effective on January 1, 2012.............2% Effective on January 1, 2013...........Free
5514.23.90
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8% Effective on January 1, 2012.............6% Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5514.29.90
Effective on March 5, 2010...............7% Effective on January 1, 2011..........4.5% Effective on January 1, 2012.............2% Effective on January 1, 2013...........Free
5514.30.99
Effective on March 5, 2010...............7% Effective on January 1, 2011..........4.5% Effective on January 1, 2012.............2% Effective on January 1, 2013...........Free
5514.41.00
Effective on March 5, 2010...............7% Effective on January 1, 2011..........4.5% Effective on January 1, 2012.............2% Effective on January 1, 2013...........Free
5514.42.00
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8% Effective on January 1, 2012.............6%
776 Tariff Item
C. 12
Jobs and Economic G
Most-Favoured-Nation Tariff Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5514.43.90
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8% Effective on January 1, 2012.............6% Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5514.49.90
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8% Effective on January 1, 2012.............6% Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5515.11.90
Effective on March 5, 2010...............7% Effective on January 1, 2011..........4.5% Effective on January 1, 2012.............2% Effective on January 1, 2013...........Free
5515.12.90
Effective on March 5, 2010...............7% Effective on January 1, 2011..........4.5% Effective on January 1, 2012.............2% Effective on January 1, 2013...........Free
5515.13.99
Effective on March 5, 2010.............Free
5515.19.90
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8% Effective on January 1, 2012.............6% Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5515.21.90
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8% Effective on January 1, 2012.............6% Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5515.22.00
Effective on March 5, 2010.............Free
5515.29.90
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8% Effective on January 1, 2012.............6% Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5515.91.90
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8% Effective on January 1, 2012.............6% Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
2010 Tariff Item
Emploi et croissance éc
Most-Favoured-Nation Tariff
5515.99.19
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8% Effective on January 1, 2012.............6% Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5515.99.99
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8% Effective on January 1, 2012.............6% Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5516.11.90
Effective on March 5, 2010...............7% Effective on January 1, 2011..........4.5% Effective on January 1, 2012.............2% Effective on January 1, 2013...........Free
5516.12.99
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8% Effective on January 1, 2012.............6% Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5516.13.90
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8% Effective on January 1, 2012.............6% Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5516.14.90
Effective on March 5, 2010...............7% Effective on January 1, 2011..........4.5% Effective on January 1, 2012.............2% Effective on January 1, 2013...........Free
5516.21.99
Effective on March 5, 2010...............7% Effective on January 1, 2011..........4.5% Effective on January 1, 2012.............2% Effective on January 1, 2013...........Free
5516.22.90
Effective on March 5, 2010...............7% Effective on January 1, 2011..........4.5% Effective on January 1, 2012.............2% Effective on January 1, 2013...........Free
5516.23.99
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8% Effective on January 1, 2012.............6% Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
778 Tariff Item
C. 12
Jobs and Economic G
Most-Favoured-Nation Tariff
5516.24.90
Effective on March 5, 2010...............7% Effective on January 1, 2011..........4.5% Effective on January 1, 2012.............2% Effective on January 1, 2013...........Free
5516.31.00
Effective on March 5, 2010.............Free
5516.32.00
Effective on March 5, 2010.............Free
5516.33.00
Effective on March 5, 2010.............Free
5516.34.00
Effective on March 5, 2010.............Free
5516.41.00
Effective on March 5, 2010...............7% Effective on January 1, 2011..........4.5% Effective on January 1, 2012.............2% Effective on January 1, 2013...........Free
5516.42.00
Effective on March 5, 2010...............7% Effective on January 1, 2011..........4.5% Effective on January 1, 2012.............2% Effective on January 1, 2013...........Free
5516.43.00
Effective on March 5, 2010...............7% Effective on January 1, 2011..........4.5% Effective on January 1, 2012.............2% Effective on January 1, 2013...........Free
5516.44.00
Effective on March 5, 2010...............7% Effective on January 1, 2011..........4.5% Effective on January 1, 2012.............2% Effective on January 1, 2013...........Free
5516.91.99
Effective on March 5, 2010...............7% Effective on January 1, 2011..........4.5% Effective on January 1, 2012.............2% Effective on January 1, 2013...........Free
5516.92.90
Effective on March 5, 2010...............7% Effective on January 1, 2011..........4.5% Effective on January 1, 2012.............2% Effective on January 1, 2013...........Free
5516.94.90
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8% Effective on January 1, 2012.............6% Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5601.21.29
Effective on March 5, 2010...............3% Effective on January 1, 2011.............2% Effective on January 1, 2012...........Free
5601.29.90
Effective on March 5, 2010...............3% Effective on January 1, 2011.............2% Effective on January 1, 2012...........Free
2010 Tariff Item
Emploi et croissance éc
Most-Favoured-Nation Tariff
5602.10.90
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8% Effective on January 1, 2012.............6% Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5602.21.99
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8% Effective on January 1, 2012.............6% Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5602.29.00
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8% Effective on January 1, 2012.............6% Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5602.90.90
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8% Effective on January 1, 2012.............6% Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5603.11.30
Effective on March 5, 2010.............Free
5603.11.40
Effective on March 5, 2010.............Free
5603.11.50
Effective on March 5, 2010.............Free
5603.11.99
Effective on March 5, 2010.............Free
5603.12.30
Effective on March 5, 2010.............Free
5603.12.40
Effective on March 5, 2010.............Free
5603.12.50
Effective on March 5, 2010.............Free
5603.12.99
Effective on March 5, 2010.............Free
5603.13.30
Effective on March 5, 2010.............Free
5603.13.40
Effective on March 5, 2010.............Free
5603.13.50
Effective on March 5, 2010.............Free
5603.13.99
Effective on March 5, 2010.............Free
5603.14.30
Effective on March 5, 2010.............Free
5603.14.40
Effective on March 5, 2010.............Free
5603.14.50
Effective on March 5, 2010.............Free
5603.14.99
Effective on March 5, 2010.............Free
C. 12
Jobs and Economic G
Tariff Item
Most-Favoured-Nation Tariff
5603.91.50
Effective on March 5, 2010.............Free
5603.91.90
Effective on March 5, 2010.............Free
5603.92.60
Effective on March 5, 2010.............Free
5603.92.99
Effective on March 5, 2010.............Free
5603.93.60
Effective on March 5, 2010.............Free
5603.93.90
Effective on March 5, 2010.............Free
5603.94.50
Effective on March 5, 2010.............Free
5603.94.90
Effective on March 5, 2010.............Free
5604.90.10
Effective on March 5, 2010...............6% Effective on January 1, 2011.............5% Effective on January 1, 2012.............4% Effective on January 1, 2013.............3% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5606.00.90
Effective on March 5, 2010.............Free
5801.10.99
Effective on March 5, 2010.............Free
5801.22.29
Effective on March 5, 2010.............Free
5801.22.99
Effective on March 5, 2010.............Free
5801.23.90
Effective on March 5, 2010.............Free
5801.24.90
Effective on March 5, 2010.............Free
5801.25.10
Effective on March 5, 2010.............Free
5801.25.29
Effective on March 5, 2010.............Free
5801.26.90
Effective on March 5, 2010.............Free
5801.31.90
Effective on March 5, 2010.............Free
5801.32.90
Effective on March 5, 2010.............Free
5801.33.90
Effective on March 5, 2010.............Free
5801.34.90
Effective on March 5, 2010.............Free
5801.35.99
Effective on March 5, 2010.............Free
5801.36.90
Effective on March 5, 2010.............Free
5801.90.99
Effective on March 5, 2010.............Free
5802.11.90
Effective on March 5, 2010.............Free
5802.19.90
Effective on March 5, 2010.............Free
5802.20.90
Effective on March 5, 2010.............Free
5802.30.90
Effective on March 5, 2010.............Free
5803.00.19
Effective on March 5, 2010.............Free
5803.00.22
Effective on March 5, 2010.............Free
5803.00.29
Effective on March 5, 2010.............Free
5803.00.99
Effective on March 5, 2010.............Free
Emploi et croissance éc
Tariff Item
Most-Favoured-Nation Tariff
5804.10.30
Effective on March 5, 2010.............Free
5804.10.90
Effective on March 5, 2010.............Free
5804.21.90
Effective on March 5, 2010.............Free
5804.29.90
Effective on March 5, 2010.............Free
5804.30.30
Effective on March 5, 2010.............Free
5804.30.90
Effective on March 5, 2010.............Free
5806.10.19
Effective on March 5, 2010.............Free
5806.10.99
Effective on March 5, 2010.............Free
5806.20.90
Effective on March 5, 2010.............Free
5806.31.40
Effective on March 5, 2010.............Free
5806.31.50
Effective on March 5, 2010.............Free
5806.31.90
Effective on March 5, 2010.............Free
5806.32.99
Effective on March 5, 2010.............Free
5806.39.99
Effective on March 5, 2010.............Free
5806.40.90
Effective on March 5, 2010.............Free
5807.10.19
Effective on March 5, 2010.............Free
5807.10.29
Effective on March 5, 2010.............Free
5807.90.90
Effective on March 5, 2010.............Free
5808.10.90
Effective on March 5, 2010.............Free
5808.90.90
Effective on March 5, 2010.............Free
5809.00.90
Effective on March 5, 2010.............Free
5810.10.90
Effective on March 5, 2010.............Free
5810.91.30
Effective on March 5, 2010.............Free
5810.91.90
Effective on March 5, 2010.............Free
5810.92.90
Effective on March 5, 2010.............Free
5810.99.90
Effective on March 5, 2010.............Free
5811.00.10
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8% Effective on January 1, 2012.............6% Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5811.00.29
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8% Effective on January 1, 2012.............6% Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5811.00.90
Effective on March 5, 2010.............10%
782 Tariff Item
C. 12
Jobs and Economic G
Most-Favoured-Nation Tariff Effective on January 1, 2011.............8% Effective on January 1, 2012.............6% Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5901.10.90
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8% Effective on January 1, 2012.............6% Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5901.90.90
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8% Effective on January 1, 2012.............6% Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5902.10.00
Effective on March 5, 2010...............6% Effective on January 1, 2011.............5% Effective on January 1, 2012.............4% Effective on January 1, 2013.............3% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5902.20.00
Effective on March 5, 2010...............6% Effective on January 1, 2011.............5% Effective on January 1, 2012.............4% Effective on January 1, 2013.............3% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5902.90.00
Effective on March 5, 2010...............6% Effective on January 1, 2011.............5% Effective on January 1, 2012.............4% Effective on January 1, 2013.............3% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5903.10.19
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8% Effective on January 1, 2012.............6% Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5903.10.29
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8% Effective on January 1, 2012.............6% Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
2010 Tariff Item
Emploi et croissance éc
Most-Favoured-Nation Tariff
5903.20.19
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8% Effective on January 1, 2012.............6% Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5903.20.23
Effective on March 5, 2010...............8% Effective on January 1, 2011..........6.5% Effective on January 1, 2012.............5% Effective on January 1, 2013..........3.5% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5903.20.29
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8% Effective on January 1, 2012.............6% Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5903.90.10
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8% Effective on January 1, 2012.............6% Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5903.90.29
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8% Effective on January 1, 2012.............6%
784 Tariff Item
C. 12
Jobs and Economic G
Most-Favoured-Nation Tariff Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5906.10.90
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8% Effective on January 1, 2012.............6% Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5906.91.99
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8% Effective on January 1, 2012.............6% Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5906.99.19
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8% Effective on January 1, 2012.............6% Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5906.99.22
Effective on March 5, 2010...............8% Effective on January 1, 2011..........6.5% Effective on January 1, 2012.............5% Effective on January 1, 2013..........3.5% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5906.99.29
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8% Effective on January 1, 2012.............6% Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5907.00.13
Effective on March 5, 2010...............6% Effective on January 1, 2011.............5% Effective on January 1, 2012.............4% Effective on January 1, 2013.............3% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5907.00.18
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8% Effective on January 1, 2012.............6% Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5907.00.19
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8%
2010 Tariff Item
Emploi et croissance éc
Most-Favoured-Nation Tariff Effective on January 1, 2012.............6% Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5909.00.90
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8% Effective on January 1, 2012.............6% Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5910.00.19
Effective on March 5, 2010...............7% Effective on January 1, 2011.............5% Effective on January 1, 2012.............3% Effective on January 1, 2013...........Free
5910.00.90
Effective on March 5, 2010...............7% Effective on January 1, 2011.............5% Effective on January 1, 2012.............3% Effective on January 1, 2013...........Free
5911.10.90
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8% Effective on January 1, 2012.............6% Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5911.20.90
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8% Effective on January 1, 2012.............6% Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5911.31.10
Effective on March 5, 2010...............5% Effective on January 1, 2011.............4% Effective on January 1, 2012.............3% Effective on January 1, 2013.............2% Effective on January 1, 2014...........Free
5911.32.10
Effective on March 5, 2010...............5% Effective on January 1, 2011.............4% Effective on January 1, 2012.............3% Effective on January 1, 2013.............2% Effective on January 1, 2014...........Free
5911.40.90
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8% Effective on January 1, 2012.............6% Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
5911.90.20
Effective on March 5, 2010...............7% Effective on January 1, 2011.............5% Effective on January 1, 2012.............3% Effective on January 1, 2013.............2% Effective on January 1, 2014...........Free
5911.90.90
Effective on March 5, 2010...............8%
786 Tariff Item
C. 12
Jobs and Economic G
Most-Favoured-Nation Tariff Effective on January 1, 2011.............6% Effective on January 1, 2012.............4% Effective on January 1, 2013.............2% Effective on January 1, 2014...........Free
6001.10.90
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8% Effective on January 1, 2012.............6% Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
6001.21.00
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8% Effective on January 1, 2012.............6% Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
6001.22.90
Effective on March 5, 2010...............7% Effective on January 1, 2011..........4.5% Effective on January 1, 2012.............2% Effective on January 1, 2013...........Free
6001.29.90
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8% Effective on January 1, 2012.............6% Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
6001.91.00
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8% Effective on January 1, 2012.............6% Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
6001.92.90
Effective on March 5, 2010...............7% Effective on January 1, 2011..........4.5% Effective on January 1, 2012.............2% Effective on January 1, 2013...........Free
6001.99.90
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8% Effective on January 1, 2012.............6% Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
6002.40.40
Effective on March 5, 2010...............8% Effective on January 1, 2011..........6.5% Effective on January 1, 2012.............5% Effective on January 1, 2013..........3.5% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
6002.40.90
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8% Effective on January 1, 2012.............6% Effective on January 1, 2013.............4%
2010 Tariff Item
Emploi et croissance éc
Most-Favoured-Nation Tariff Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
6002.90.19
Effective on March 5, 2010...............8% Effective on January 1, 2011..........6.5% Effective on January 1, 2012.............5% Effective on January 1, 2013..........3.5% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
6002.90.90
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8% Effective on January 1, 2012.............6% Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
6003.10.99
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8% Effective on January 1, 2012.............6% Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
6003.20.40
Effective on March 5, 2010...............8% Effective on January 1, 2011..........6.5% Effective on January 1, 2012.............5% Effective on January 1, 2013..........3.5% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
6003.20.90
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8% Effective on January 1, 2012.............6% Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
6003.30.99
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8% Effective on January 1, 2012.............6% Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
6003.40.99
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8% Effective on January 1, 2012.............6% Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
6003.90.40
Effective on March 5, 2010...............8% Effective on January 1, 2011..........6.5% Effective on January 1, 2012.............5% Effective on January 1, 2013..........3.5% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
6003.90.90
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8%
788 Tariff Item
C. 12
Jobs and Economic G
Most-Favoured-Nation Tariff Effective on January 1, 2012.............6% Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
6004.10.19
Effective on March 5, 2010...............8% Effective on January 1, 2011..........6.5% Effective on January 1, 2012.............5% Effective on January 1, 2013..........3.5% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
6004.10.90
Effective on March 5, 2010...............7% Effective on January 1, 2011..........4.5% Effective on January 1, 2012.............2% Effective on January 1, 2013...........Free
6004.90.30
Effective on March 5, 2010...............8% Effective on January 1, 2011..........6.5% Effective on January 1, 2012.............5% Effective on January 1, 2013..........3.5% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
6004.90.90
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8% Effective on January 1, 2012.............6% Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
6005.21.30
Effective on March 5, 2010...............8% Effective on January 1, 2011..........6.5% Effective on January 1, 2012.............5% Effective on January 1, 2013..........3.5% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
6005.21.90
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8% Effective on January 1, 2012.............6% Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
6005.22.30
Effective on March 5, 2010...............8% Effective on January 1, 2011..........6.5% Effective on January 1, 2012.............5% Effective on January 1, 2013..........3.5% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
6005.22.90
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8% Effective on January 1, 2012.............6% Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
6005.23.30
Effective on March 5, 2010...............8% Effective on January 1, 2011..........6.5%
2010 Tariff Item
Emploi et croissance éc
Most-Favoured-Nation Tariff Effective on January 1, 2012.............5% Effective on January 1, 2013..........3.5% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
6005.23.90
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8% Effective on January 1, 2012.............6% Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
6005.24.30
Effective on March 5, 2010...............8% Effective on January 1, 2011..........6.5% Effective on January 1, 2012.............5% Effective on January 1, 2013..........3.5% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
6005.24.90
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8% Effective on January 1, 2012.............6% Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
6005.31.90
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8% Effective on January 1, 2012.............6% Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
6005.32.90
Effective on March 5, 2010...............7% Effective on January 1, 2011..........4.5% Effective on January 1, 2012.............2% Effective on January 1, 2013...........Free
6005.33.99
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8% Effective on January 1, 2012.............6% Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
6005.34.90
Effective on March 5, 2010...............7% Effective on January 1, 2011..........4.5% Effective on January 1, 2012.............2% Effective on January 1, 2013...........Free
6005.41.90
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8% Effective on January 1, 2012.............6% Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
6005.42.90
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8% Effective on January 1, 2012.............6% Effective on January 1, 2013.............4%
790 Tariff Item
C. 12
Jobs and Economic G
Most-Favoured-Nation Tariff Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
6005.43.99
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8% Effective on January 1, 2012.............6% Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
6005.44.90
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8% Effective on January 1, 2012.............6% Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
6005.90.29
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8% Effective on January 1, 2012.............6% Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
6005.90.99
Effective on March 5, 2010...............8% Effective on January 1, 2011..........6.5% Effective on January 1, 2012.............5% Effective on January 1, 2013..........3.5% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
6006.21.10
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8% Effective on January 1, 2012.............6% Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
6006.21.90
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8% Effective on January 1, 2012.............6% Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
6006.22.10
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8% Effective on January 1, 2012.............6% Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
6006.22.90
Effective on March 5, 2010...............7% Effective on January 1, 2011..........4.5% Effective on January 1, 2012.............2% Effective on January 1, 2013...........Free
6006.23.29
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8% Effective on January 1, 2012.............6% Effective on January 1, 2013.............4%
2010 Tariff Item
Emploi et croissance éc
Most-Favoured-Nation Tariff Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
6006.23.90
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8% Effective on January 1, 2012.............6% Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
6006.24.10
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8% Effective on January 1, 2012.............6% Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
6006.24.90
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8% Effective on January 1, 2012.............6% Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
6006.31.90
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8% Effective on January 1, 2012.............6% Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
6006.32.90
Effective on March 5, 2010...............7% Effective on January 1, 2011..........4.5% Effective on January 1, 2012.............2% Effective on January 1, 2013...........Free
6006.33.90
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8% Effective on January 1, 2012.............6% Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
6006.34.90
Effective on March 5, 2010...............7% Effective on January 1, 2011..........4.5% Effective on January 1, 2012.............2% Effective on January 1, 2013...........Free
6006.41.90
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8% Effective on January 1, 2012.............6% Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
6006.42.90
Effective on March 5, 2010...............7% Effective on January 1, 2011..........4.5% Effective on January 1, 2012.............2% Effective on January 1, 2013...........Free
6006.43.90
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8%
792 Tariff Item
C. 12
Jobs and Economic G
Most-Favoured-Nation Tariff Effective on January 1, 2012.............6% Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
6006.44.90
Effective on March 5, 2010...............7% Effective on January 1, 2011..........4.5% Effective on January 1, 2012.............2% Effective on January 1, 2013...........Free
6006.90.90
Effective on March 5, 2010.............10% Effective on January 1, 2011.............8% Effective on January 1, 2012.............6% Effective on January 1, 2013.............4% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
6804.10.00
Effective on March 5, 2010.............Free
6804.23.00
Effective on March 5, 2010.............Free
6805.10.20
Effective on March 5, 2010.............Free
6805.10.90
Effective on March 5, 2010.............Free
6805.20.20
Effective on March 5, 2010.............Free
6805.20.90
Effective on March 5, 2010.............Free
6805.30.20
Effective on March 5, 2010.............Free
6805.30.90
Effective on March 5, 2010.............Free
6806.10.10
Effective on March 5, 2010.............Free
6806.10.90
Effective on March 5, 2010.............Free
6806.20.00
Effective on March 5, 2010.............Free
6806.90.90
Effective on March 5, 2010.............Free
6814.10.90
Effective on March 5, 2010.............Free
6814.90.00
Effective on March 5, 2010.............Free
6815.10.20
Effective on March 5, 2010.............Free
6815.10.90
Effective on March 5, 2010...............3% Effective on January 1, 2011.............2% Effective on January 1, 2012...........Free
7019.31.90
Effective on March 5, 2010.............Free
7019.32.20
Effective on March 5, 2010.............Free
7019.32.90
Effective on March 5, 2010.............Free
7019.39.99
Effective on March 5, 2010.............Free
7019.40.20
Effective on March 5, 2010.............Free
7019.40.99
Effective on March 5, 2010.............13% Effective on January 1, 2011........10.5% Effective on January 1, 2012.............8% Effective on January 1, 2013..........5.5% Effective on January 1, 2014.............3% Effective on January 1, 2015...........Free
Emploi et croissance éc
Tariff Item
Most-Favoured-Nation Tariff
7019.51.20
Effective on March 5, 2010.............Free
7019.51.99
Effective on March 5, 2010.............Free
7019.52.20
Effective on March 5, 2010.............Free
7019.52.99
Effective on March 5, 2010.............Free
7019.59.20
Effective on March 5, 2010.............Free
7019.59.99
Effective on March 5, 2010.............Free
7019.90.40
Effective on March 5, 2010.............Free
7019.90.90
Effective on March 5, 2010.............Free
7106.92.19
Effective on March 5, 2010.............Free
7106.92.21
Effective on March 5, 2010.............Free
7106.92.22
Effective on March 5, 2010.............Free
7107.00.00
Effective on March 5, 2010.............Free
7108.13.20
Effective on March 5, 2010.............Free
7109.00.00
Effective on March 5, 2010.............Free
7111.00.00
Effective on March 5, 2010.............Free
7115.10.00
Effective on March 5, 2010.............Free
7115.90.90
Effective on March 5, 2010.............Free
7202.60.00
Effective on March 5, 2010.............Free
7202.70.00
Effective on March 5, 2010.............Free
7202.91.00
Effective on March 5, 2010.............Free
7202.92.10
Effective on March 5, 2010.............Free
7202.92.90
Effective on March 5, 2010.............Free
7202.93.00
Effective on March 5, 2010.............Free
7202.99.00
Effective on March 5, 2010.............Free
7205.10.10
Effective on March 5, 2010.............Free
7206.90.00
Effective on March 5, 2010.............Free
7303.00.00
Effective on March 5, 2010.............Free
7307.11.10
Effective on March 5, 2010.............Free
7307.11.90
Effective on March 5, 2010.............Free
7307.19.91
Effective on March 5, 2010.............Free
7307.19.99
Effective on March 5, 2010.............Free
7307.21.10
Effective on March 5, 2010.............Free
7307.21.91
Effective on March 5, 2010.............Free
7307.21.99
Effective on March 5, 2010.............Free
7307.22.90
Effective on March 5, 2010.............Free
C. 12
Jobs and Economic G
Tariff Item
Most-Favoured-Nation Tariff
7307.23.10
Effective on March 5, 2010.............Free
7307.23.90
Effective on March 5, 2010.............Free
7307.29.91
Effective on March 5, 2010.............Free
7307.29.99
Effective on March 5, 2010.............Free
7307.91.19
Effective on March 5, 2010.............Free
7307.91.20
Effective on March 5, 2010.............Free
7307.91.90
Effective on March 5, 2010.............Free
7307.92.90
Effective on March 5, 2010.............Free
7307.93.10
Effective on March 5, 2010.............Free
7307.99.20
Effective on March 5, 2010.............Free
7307.99.91
Effective on March 5, 2010.............Free
7307.99.99
Effective on March 5, 2010.............Free
7309.00.90
Effective on March 5, 2010.............Free
7310.10.11
Effective on March 5, 2010.............Free
7310.10.19
Effective on March 5, 2010.............Free
7310.10.90
Effective on March 5, 2010.............Free
7310.21.00
Effective on March 5, 2010.............Free
7310.29.00
Effective on March 5, 2010.............Free
7311.00.90
Effective on March 5, 2010.............Free
7315.12.91
Effective on March 5, 2010.............Free
7315.12.99
Effective on March 5, 2010.............Free
7315.81.90
Effective on March 5, 2010.............Free
7315.82.91
Effective on March 5, 2010.............Free
7315.82.92
Effective on March 5, 2010.............Free
7315.89.91
Effective on March 5, 2010.............Free
7315.89.92
Effective on March 5, 2010.............Free
7315.90.91
Effective on March 5, 2010.............Free
7315.90.99
Effective on March 5, 2010.............Free
7318.11.00
Effective on March 5, 2010.............Free
7318.12.00
Effective on March 5, 2010.............Free
7318.13.90
Effective on March 5, 2010.............Free
7318.14.00
Effective on March 5, 2010.............Free
7318.15.90
Effective on March 5, 2010.............Free
7318.16.00
Effective on March 5, 2010.............Free
7318.19.00
Effective on March 5, 2010.............Free
7318.21.00
Effective on March 5, 2010.............Free
Emploi et croissance éc
Tariff Item
Most-Favoured-Nation Tariff
7318.22.90
Effective on March 5, 2010.............Free
7318.23.00
Effective on March 5, 2010.............Free
7318.24.00
Effective on March 5, 2010.............Free
7318.29.90
Effective on March 5, 2010.............Free
7320.10.00
Effective on March 5, 2010.............Free
7320.20.90
Effective on March 5, 2010.............Free
7320.90.90
Effective on March 5, 2010.............Free
7324.29.10
Effective on March 5, 2010.............Free
7325.91.10
Effective on March 5, 2010.............Free
7325.91.90
Effective on March 5, 2010.............Free
7407.10.11
Effective on March 5, 2010.............Free
7407.10.12
Effective on March 5, 2010.............Free
7407.10.21
Effective on March 5, 2010.............Free
7407.10.29
Effective on March 5, 2010.............Free
7407.21.21
Effective on March 5, 2010.............Free
7407.21.22
Effective on March 5, 2010.............Free
7407.21.90
Effective on March 5, 2010.............Free
7407.29.21
Effective on March 5, 2010.............Free
7407.29.29
Effective on March 5, 2010.............Free
7407.29.90
Effective on March 5, 2010.............Free
7408.11.31
Effective on March 5, 2010.............Free
7408.11.32
Effective on March 5, 2010.............Free
7408.19.00
Effective on March 5, 2010.............Free
7408.21.20
Effective on March 5, 2010.............Free
7408.21.90
Effective on March 5, 2010.............Free
7408.22.10
Effective on March 5, 2010.............Free
7408.22.90
Effective on March 5, 2010.............Free
7408.29.10
Effective on March 5, 2010.............Free
7408.29.90
Effective on March 5, 2010.............Free
7411.10.00
Effective on March 5, 2010.............Free
7411.21.00
Effective on March 5, 2010.............Free
7411.22.00
Effective on March 5, 2010.............Free
C. 12
Jobs and Economic G
Tariff Item
Most-Favoured-Nation Tariff
7411.29.00
Effective on March 5, 2010.............Free
7412.10.00
Effective on March 5, 2010.............Free
7412.20.00
Effective on March 5, 2010.............Free
7413.00.00
Effective on March 5, 2010.............Free
7415.10.00
Effective on March 5, 2010.............Free
7415.21.00
Effective on March 5, 2010.............Free
7415.29.00
Effective on March 5, 2010.............Free
7415.33.90
Effective on March 5, 2010.............Free
7415.39.00
Effective on March 5, 2010.............Free
7603.10.00
Effective on March 5, 2010.............Free
7603.20.00
Effective on March 5, 2010.............Free
7604.10.12
Effective on March 5, 2010.............Free
7604.10.20
Effective on March 5, 2010.............Free
7604.21.00
Effective on March 5, 2010.............Free
7604.29.12
Effective on March 5, 2010.............Free
7604.29.20
Effective on March 5, 2010.............Free
7605.19.00
Effective on March 5, 2010.............Free
7605.29.00
Effective on March 5, 2010.............Free
7606.11.20
Effective on March 5, 2010.............Free
7606.12.90
Effective on March 5, 2010.............Free
7606.91.90
Effective on March 5, 2010.............Free
7606.92.90
Effective on March 5, 2010.............Free
7607.11.19
Effective on March 5, 2010.............Free
7607.19.90
Effective on March 5, 2010.............Free
7607.20.90
Effective on March 5, 2010............5.5% Effective on January 1, 2011..........4.5% Effective on January 1, 2012..........3.5% Effective on January 1, 2013..........2.5% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
7608.10.00
Effective on March 5, 2010.............Free
7609.00.00
Effective on March 5, 2010...............3% Effective on January 1, 2011.............2% Effective on January 1, 2012...........Free
7611.00.90
Effective on March 5, 2010.............Free
7613.00.00
Effective on March 5, 2010.............Free
7614.10.00
Effective on March 5, 2010.............Free
7614.90.00
Effective on March 5, 2010.............Free
7616.10.90
Effective on March 5, 2010.............Free
7801.10.90
Effective on March 5, 2010.............Free
7801.99.00
Effective on March 5, 2010.............Free
7804.11.90
Effective on March 5, 2010.............Free
Emploi et croissance éc
Tariff Item
Most-Favoured-Nation Tariff
7804.19.00
Effective on March 5, 2010.............Free
7804.20.00
Effective on March 5, 2010.............Free
7806.00.10
Effective on March 5, 2010.............Free
7806.00.90
Effective on March 5, 2010.............Free
8003.00.20
Effective on March 5, 2010.............Free
8007.00.20
Effective on March 5, 2010.............Free
8007.00.30
Effective on March 5, 2010.............Free
8101.99.90
Effective on March 5, 2010.............Free
8102.95.10
Effective on March 5, 2010.............Free
8102.95.20
Effective on March 5, 2010.............Free
8102.99.00
Effective on March 5, 2010.............Free
8103.90.00
Effective on March 5, 2010.............Free
8104.11.00
Effective on March 5, 2010.............Free
8104.19.90
Effective on March 5, 2010.............Free
8104.30.00
Effective on March 5, 2010.............Free
8104.90.00
Effective on March 5, 2010.............Free
8105.20.90
Effective on March 5, 2010.............Free
8105.90.00
Effective on March 5, 2010.............Free
8107.90.00
Effective on March 5, 2010.............Free
8108.20.90
Effective on March 5, 2010.............Free
8108.30.00
Effective on March 5, 2010.............Free
8108.90.90
Effective on March 5, 2010.............Free
8109.20.90
Effective on March 5, 2010.............Free
8109.30.00
Effective on March 5, 2010.............Free
8109.90.90
Effective on March 5, 2010.............Free
8111.00.12
Effective on March 5, 2010.............Free
8111.00.22
Effective on March 5, 2010.............Free
8111.00.40
Effective on March 5, 2010.............Free
8112.51.00
Effective on March 5, 2010.............Free
8112.52.00
Effective on March 5, 2010.............Free
8112.59.00
Effective on March 5, 2010.............Free
8112.92.90
Effective on March 5, 2010.............Free
8112.99.20
Effective on March 5, 2010.............Free
8112.99.90
Effective on March 5, 2010.............Free
8113.00.00
Effective on March 5, 2010.............Free
8205.70.20
Effective on March 5, 2010.............Free
8207.19.20
Effective on March 5, 2010.............Free
8207.19.90
Effective on March 5, 2010.............Free
8207.20.10
Effective on March 5, 2010.............Free
8207.30.10
Effective on March 5, 2010.............Free
C. 12
Jobs and Economic G
Tariff Item
Most-Favoured-Nation Tariff
8207.40.10
Effective on March 5, 2010.............Free
8207.50.90
Effective on March 5, 2010.............Free
8207.60.10
Effective on March 5, 2010.............Free
8207.80.10
Effective on March 5, 2010.............Free
8209.00.10
Effective on March 5, 2010.............Free
8209.00.92
Effective on March 5, 2010.............Free
8301.20.90
Effective on March 5, 2010.............Free
8301.30.00
Effective on March 5, 2010.............Free
8301.40.10
Effective on March 5, 2010.............Free
8301.60.00
Effective on March 5, 2010.............Free
8307.10.90
Effective on March 5, 2010.............Free
8307.90.00
Effective on March 5, 2010.............Free
8308.10.90
Effective on March 5, 2010.............Free
8308.90.90
Effective on March 5, 2010.............Free
8309.10.00
Effective on March 5, 2010.............Free
8309.90.90
Effective on March 5, 2010.............Free
8311.10.00
Effective on March 5, 2010.............Free
8311.20.00
Effective on March 5, 2010.............Free
8311.30.00
Effective on March 5, 2010.............Free
8311.90.90
Effective on March 5, 2010.............Free
8401.10.00
Effective on March 5, 2010.............Free
8401.40.00
Effective on March 5, 2010.............Free
8402.11.00
Effective on March 5, 2010...............6% Effective on January 1, 2011.............4% Effective on January 1, 2012.............2% Effective on January 1, 2013...........Free
8402.12.00
Effective on March 5, 2010...............3% Effective on January 1, 2011.............2% Effective on January 1, 2012...........Free
8402.19.00
Effective on March 5, 2010...............6% Effective on January 1, 2011.............4% Effective on January 1, 2012.............2% Effective on January 1, 2013...........Free
8402.20.00
Effective on March 5, 2010............2.5% Effective on January 1, 2011.............2% Effective on January 1, 2012.............2% Effective on January 1, 2013.............2% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
8402.90.00
Effective on March 5, 2010............2.5% Effective on January 1, 2011.............2% Effective on January 1, 2012...........Free
Emploi et croissance éc
Tariff Item
Most-Favoured-Nation Tariff
8403.10.00
Effective on March 5, 2010.............Free
8404.10.10
Effective on March 5, 2010...............4% Effective on January 1, 2011.............2% Effective on January 1, 2012...........Free
8407.33.90
Effective on March 5, 2010.............Free
8407.34.10
Effective on March 5, 2010.............Free
8407.34.21
Effective on March 5, 2010.............Free
8407.34.29
Effective on March 5, 2010.............Free
8409.91.20
Effective on March 5, 2010.............Free
8409.91.90
Effective on March 5, 2010.............Free
8410.11.10
Effective on March 5, 2010...............8% Effective on January 1, 2011..........6.5% Effective on January 1, 2012.............5% Effective on January 1, 2013..........3.5% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
8410.11.20
Effective on March 5, 2010.............Free
8410.12.10
Effective on March 5, 2010...............8% Effective on January 1, 2011..........6.5% Effective on January 1, 2012.............5% Effective on January 1, 2013..........3.5% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
8410.12.20
Effective on March 5, 2010.............Free
8410.13.10
Effective on March 5, 2010...............8% Effective on January 1, 2011..........6.5% Effective on January 1, 2012.............5% Effective on January 1, 2013..........3.5% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
8410.13.20
Effective on March 5, 2010.............Free
8410.90.20
Effective on March 5, 2010...............8% Effective on January 1, 2011..........6.5% Effective on January 1, 2012.............5% Effective on January 1, 2013..........3.5% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
8410.90.30
Effective on March 5, 2010.............Free
8411.81.20
Effective on March 5, 2010.............Free
8411.81.90
Effective on March 5, 2010.............Free
8411.82.20
Effective on March 5, 2010.............Free
8411.82.90
Effective on March 5, 2010...............8% Effective on January 1, 2011..........6.5% Effective on January 1, 2012.............5% Effective on January 1, 2013..........3.5% Effective on January 1, 2014..........2.5% Effective on January 1, 2015...........Free
8411.99.20
Effective on March 5, 2010.............Free
800 Tariff Item
C. 12
Jobs and Economic
Most-Favoured-Nation Tariff
8413.70.99
Effective on March 5, 2010...............5% Effective on January 1, 2011.............4% Effective on January 1, 2012.............3% Effective on January 1, 2013.............2% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
8415.20.90
Effective on March 5, 2010.............Free
8415.83.10
Effective on March 5, 2010.............Free
8415.90.22
Effective on March 5, 2010.............Free
8415.90.29
Effective on March 5, 2010.............Free
8421.23.20
Effective on March 5, 2010.............Free
8421.23.90
Effective on March 5, 2010.............Free
8421.31.90
Effective on March 5, 2010.............Free
8436.80.91
Effective on March 5, 2010.............Free
8437.10.91
Effective on March 5, 2010.............Free
8437.80.10
Effective on March 5, 2010.............Free
8438.20.10
Effective on March 5, 2010.............Free
8438.40.10
Effective on March 5, 2010.............Free
8438.60.10
Effective on March 5, 2010.............Free
8443.13.20
Effective on March 5, 2010.............Free
8451.80.10
Effective on March 5, 2010.............Free
8457.30.00
Effective on March 5, 2010.............Free
8458.11.10
Effective on March 5, 2010.............Free
8458.19.10
Effective on March 5, 2010.............Free
8458.91.90
Effective on March 5, 2010.............Free
8459.21.10
Effective on March 5, 2010.............Free
8459.29.10
Effective on March 5, 2010.............Free
8459.31.10
Effective on March 5, 2010.............Free
8459.39.90
Effective on March 5, 2010.............Free
8459.40.10
Effective on March 5, 2010.............Free
8459.61.10
Effective on March 5, 2010.............Free
8460.29.10
Effective on March 5, 2010.............Free
8460.90.91
Effective on March 5, 2010.............Free
8461.50.11
Effective on March 5, 2010.............Free
8461.50.91
Effective on March 5, 2010.............Free
8462.21.91
Effective on March 5, 2010.............Free
8462.29.91
Effective on March 5, 2010.............Free
8462.31.10
Effective on March 5, 2010.............Free
8462.39.10
Effective on March 5, 2010.............Free
8462.49.21
Effective on March 5, 2010.............Free
8462.91.99
Effective on March 5, 2010.............Free
Emploi et croissance éc
Tariff Item
Most-Favoured-Nation Tariff
8463.10.10
Effective on March 5, 2010.............Free
8463.30.10
Effective on March 5, 2010.............Free
8463.90.10
Effective on March 5, 2010.............Free
8467.11.10
Effective on March 5, 2010.............Free
8467.19.10
Effective on March 5, 2010.............Free
8467.21.10
Effective on March 5, 2010.............Free
8467.22.10
Effective on March 5, 2010.............Free
8467.29.10
Effective on March 5, 2010.............Free
8468.90.10
Effective on March 5, 2010.............Free
8477.10.10
Effective on March 5, 2010.............Free
8477.20.10
Effective on March 5, 2010.............Free
8477.51.11
Effective on March 5, 2010.............Free
8477.51.21
Effective on March 5, 2010.............Free
8477.59.11
Effective on March 5, 2010.............Free
8477.59.21
Effective on March 5, 2010.............Free
8477.80.91
Effective on March 5, 2010...............8% Effective on January 1, 2011..........6.5% Effective on January 1, 2012.............5% Effective on January 1, 2013..........3.5% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
8480.20.00
Effective on March 5, 2010.............Free
8480.30.00
Effective on March 5, 2010.............Free
8480.71.10
Effective on March 5, 2010.............Free
8480.79.00
Effective on March 5, 2010.............Free
8482.10.10
Effective on March 5, 2010.............Free
8482.80.10
Effective on March 5, 2010.............Free
8483.20.00
Effective on March 5, 2010.............Free
8483.30.00
Effective on March 5, 2010.............Free
8483.40.91
Effective on March 5, 2010.............Free
8501.10.12
Effective on March 5, 2010.............Free
8501.10.99
Effective on March 5, 2010.............Free
8501.20.90
Effective on March 5, 2010.............Free
8501.31.20
Effective on March 5, 2010.............Free
8501.31.30
Effective on March 5, 2010.............Free
8501.32.20
Effective on March 5, 2010.............Free
8501.32.90
Effective on March 5, 2010.............Free
8501.33.20
Effective on March 5, 2010.............Free
8501.33.30
Effective on March 5, 2010.............Free
8501.34.20
Effective on March 5, 2010.............Free
8501.34.30
Effective on March 5, 2010.............Free
C. 12
Jobs and Economic Gr
Tariff Item
Most-Favoured-Nation Tariff
8501.40.22
Effective on March 5, 2010.............Free
8501.40.29
Effective on March 5, 2010.............Free
8501.40.39
Effective on March 5, 2010.............Free
8501.51.90
Effective on March 5, 2010.............Free
8501.52.20
Effective on March 5, 2010.............Free
8501.53.91
Effective on March 5, 2010.............Free
8501.53.99
Effective on March 5, 2010.............Free
8501.61.90
Effective on March 5, 2010.............Free
8501.62.90
Effective on March 5, 2010.............Free
8501.63.90
Effective on March 5, 2010.............Free
8501.64.91
Effective on March 5, 2010.............Free
8501.64.99
Effective on March 5, 2010.............Free
8502.11.90
Effective on March 5, 2010.............Free
8502.12.00
Effective on March 5, 2010.............Free
8502.13.00
Effective on March 5, 2010.............Free
8502.20.90
Effective on March 5, 2010.............Free
8502.39.10
Effective on March 5, 2010...............5% Effective on January 1, 2011.............4% Effective on January 1, 2012.............3% Effective on January 1, 2013.............2% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
8502.40.00
Effective on March 5, 2010.............Free
8506.90.90
Effective on March 5, 2010.............Free
8507.10.00
Effective on March 5, 2010.............Free
8507.20.10
Effective on March 5, 2010.............Free
8507.30.20
Effective on March 5, 2010.............Free
8507.40.10
Effective on March 5, 2010.............Free
8507.80.20
Effective on March 5, 2010.............Free
8507.90.90
Effective on March 5, 2010.............Free
8511.10.00
Effective on March 5, 2010.............Free
8511.20.00
Effective on March 5, 2010.............Free
8511.30.00
Effective on March 5, 2010.............Free
8511.40.90
Effective on March 5, 2010.............Free
8511.50.00
Effective on March 5, 2010.............Free
8511.80.90
Effective on March 5, 2010.............Free
8511.90.90
Effective on March 5, 2010.............Free
8516.10.20
Effective on March 5, 2010.............Free
8516.80.90
Effective on March 5, 2010.............Free
8528.49.11
Effective on March 5, 2010.............Free
8528.49.19
Effective on March 5, 2010.............Free
Emploi et croissance éc
Tariff Item
Most-Favoured-Nation Tariff
8528.59.11
Effective on March 5, 2010.............Free
8528.59.19
Effective on March 5, 2010.............Free
8528.71.40
Effective on March 5, 2010.............Free
8528.72.34
Effective on March 5, 2010.............Free
8528.72.97
Effective on March 5, 2010.............Free
8536.20.90
Effective on March 5, 2010...............2% Effective on January 1, 2011.............2% Effective on January 1, 2012...........Free
8536.70.10
Effective on March 5, 2010.............Free
8536.70.20
Effective on March 5, 2010.............Free
8536.70.30
Effective on March 5, 2010.............Free
8536.90.91
Effective on March 5, 2010...............4% Effective on January 1, 2011.............2% Effective on January 1, 2012...........Free
8536.90.92
Effective on March 5, 2010...............2% Effective on January 1, 2011.............2% Effective on January 1, 2012...........Free
8537.10.21
Effective on March 5, 2010...............2% Effective on January 1, 2011.............2% Effective on January 1, 2012...........Free
8537.10.31
Effective on March 5, 2010...............2% Effective on January 1, 2011.............2% Effective on January 1, 2012...........Free
8537.10.93
Effective on March 5, 2010...............2% Effective on January 1, 2011.............2% Effective on January 1, 2012...........Free
8542.31.90
Effective on March 5, 2010.............Free
8542.32.90
Effective on March 5, 2010.............Free
8542.33.90
Effective on March 5, 2010.............Free
8542.39.90
Effective on March 5, 2010.............Free
8544.11.90
Effective on March 5, 2010...............3% Effective on January 1, 2011.............2% Effective on January 1, 2012...........Free
8544.19.90
Effective on March 5, 2010...............3% Effective on January 1, 2011.............2% Effective on January 1, 2012...........Free
8544.49.90
Effective on March 5, 2010...............3% Effective on January 1, 2011..........2.5% Effective on January 1, 2012.............2% Effective on January 1, 2013...........Free
8544.60.91
Effective on March 5, 2010...............4% Effective on January 1, 2011..........3.5% Effective on January 1, 2012.............3% Effective on January 1, 2013..........2.5% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
8544.60.99
Effective on March 5, 2010...............5%
804 Tariff Item
C. 12
Jobs and Economic
Most-Favoured-Nation Tariff Effective on January 1, 2011.............4% Effective on January 1, 2012.............3% Effective on January 1, 2013..........2.5% Effective on January 1, 2014.............2% Effective on January 1, 2015...........Free
8545.19.28
Effective on March 5, 2010.............Free
8545.19.29
Effective on March 5, 2010.............Free
8548.90.90
Effective on March 5, 2010.............Free
9001.10.90
Effective on March 5, 2010.............Free
9001.20.00
Effective on March 5, 2010.............Free
9013.10.00
Effective on March 5, 2010.............Free
9013.20.00
Effective on March 5, 2010.............Free
9013.80.90
Effective on March 5, 2010.............Free
9013.90.30
Effective on March 5, 2010.............Free
9015.90.10
Effective on March 5, 2010.............Free
9016.00.10
Effective on March 5, 2010.............Free
9016.00.90
Effective on March 5, 2010.............Free
9017.90.10
Effective on March 5, 2010.............Free
9017.90.90
Effective on March 5, 2010.............Free
9024.10.90
Effective on March 5, 2010.............Free
9024.80.90
Effective on March 5, 2010.............Free
9025.90.90
Effective on March 5, 2010.............Free
9028.10.00
Effective on March 5, 2010.............Free
9028.20.90
Effective on March 5, 2010.............Free
9028.30.00
Effective on March 5, 2010.............Free
9029.20.90
Effective on March 5, 2010.............Free
9029.90.20
Effective on March 5, 2010.............Free
9030.10.90
Effective on March 5, 2010.............Free
9030.31.10
Effective on March 5, 2010.............Free
9030.33.10
Effective on March 5, 2010.............Free
9030.84.10
Effective on March 5, 2010.............Free
9030.89.10
Effective on March 5, 2010.............Free
9031.20.90
Effective on March 5, 2010.............Free
9031.49.90
Effective on March 5, 2010.............Free
9031.80.90
Effective on March 5, 2010.............Free
9032.89.90
Effective on March 5, 2010.............Free
9033.00.90
Effective on March 5, 2010.............Free
Emploi et croissance éc
ANNE (article Numéro tarifaire
Tarif de la nation la plus favorisée
2511.10.00
À compter du 5 mars 2010.............En fr.
2514.00.10
À compter du 5 mars 2010.............En fr.
2515.20.20
À compter du 5 mars 2010.............En fr.
2516.12.10
À compter du 5 mars 2010.............En fr.
2516.20.20
À compter du 5 mars 2010.............En fr.
2516.90.20
À compter du 5 mars 2010.............En fr.
2517.30.00
À compter du 5 mars 2010.............En fr.
2518.20.00
À compter du 5 mars 2010.............En fr.
2530.90.10
À compter du 5 mars 2010.............En fr.
2705.00.00
À compter du 5 mars 2010.............En fr.
2707.40.90
À compter du 5 mars 2010.............En fr.
2707.99.10
À compter du 5 mars 2010.............En fr.
2710.11.19
À compter du 5 mars 2010.............En fr.
2710.19.20
À compter du 5 mars 2010.............En fr.
2710.91.10
À compter du 5 mars 2010.............En fr.
2710.91.91
À compter du 5 mars 2010.............En fr.
2710.99.20
À compter du 5 mars 2010.............En fr.
2710.99.91
À compter du 5 mars 2010.............En fr.
2711.11.00
À compter du 5 mars 2010.............En fr.
2712.90.10
À compter du 5 mars 2010.............En fr.
2713.20.90
À compter du 5 mars 2010.............En fr.
2714.10.00
À compter du 5 mars 2010.............En fr.
2715.00.10
À compter du 5 mars 2010.............En fr.
2804.10.00
À compter du 5 mars 2010.............En fr.
2804.21.00
À compter du 5 mars 2010.............En fr.
2804.29.90
À compter du 5 mars 2010.............En fr.
2804.30.00
À compter du 5 mars 2010.............En fr.
2804.40.00
À compter du 5 mars 2010.............En fr.
2804.69.00
À compter du 5 mars 2010.............En fr.
2805.12.00
À compter du 5 mars 2010.............En fr.
2805.19.90
À compter du 5 mars 2010.............En fr.
2805.30.00
À compter du 5 mars 2010.............En fr.
2811.19.90
À compter du 5 mars 2010.............En fr.
2811.21.90
À compter du 5 mars 2010.............En fr.
2811.29.10
À compter du 5 mars 2010.............En fr.
2811.29.99
À compter du 5 mars 2010.............En fr.
2812.10.90
À compter du 5 mars 2010.............En fr.
2812.90.90
À compter du 5 mars 2010.............En fr.
C. 12
Jobs and Economic
Numéro tarifaire
Tarif de la nation la plus favorisée
2817.00.90
À compter du 5 mars 2010.............En fr.
2819.90.90
À compter du 5 mars 2010.............En fr.
2821.10.00
À compter du 5 mars 2010.............En fr.
2821.20.00
À compter du 5 mars 2010.............En fr.
2823.00.90
À compter du 5 mars 2010.............En fr.
2824.10.00
À compter du 5 mars 2010.............En fr.
2824.90.10
À compter du 5 mars 2010.............En fr.
2824.90.90
À compter du 5 mars 2010.............En fr.
2825.70.00
À compter du 5 mars 2010.............En fr.
2825.90.10
À compter du 5 mars 2010.............En fr.
2826.19.00
À compter du 5 mars 2010.............En fr.
2826.90.10
À compter du 5 mars 2010.............En fr.
2826.90.90
À compter du 5 mars 2010.............En fr.
2827.10.90
À compter du 5 mars 2010.............En fr.
2827.20.00
À compter du 5 mars 2010.............En fr.
2827.35.00
À compter du 5 mars 2010.............En fr.
2827.39.20
À compter du 5 mars 2010.............En fr.
2827.39.30
À compter du 5 mars 2010.............En fr.
2827.39.90
À compter du 5 mars 2010.............En fr.
2827.41.00
À compter du 5 mars 2010.............En fr.
2827.49.00
À compter du 5 mars 2010.............En fr.
2827.60.10
À compter du 5 mars 2010.............En fr.
2827.60.99
À compter du 5 mars 2010.............En fr.
2829.19.90
À compter du 5 mars 2010.............En fr.
2829.90.20
À compter du 5 mars 2010.............En fr.
2830.10.00
À compter du 5 mars 2010................3 % À compter du 1er janvier 2011........2,5 % À compter du 1er janvier 2012...........2 % À compter du 1er janvier 2013........En fr.
2833.21.90
À compter du 5 mars 2010................3 % À compter du 1er janvier 2011........2,5 % À compter du 1er janvier 2012...........2 % À compter du 1er janvier 2013........En fr.
2833.24.00
À compter du 5 mars 2010.............En fr.
2833.25.90
À compter du 5 mars 2010.............En fr.
2833.40.90
À compter du 5 mars 2010.............En fr.
2834.10.00
À compter du 5 mars 2010.............En fr.
2834.29.10
À compter du 5 mars 2010.............En fr.
2835.10.00
À compter du 5 mars 2010.............En fr.
2835.22.10
À compter du 5 mars 2010.............En fr.
2835.22.90
À compter du 5 mars 2010.............En fr.
Emploi et croissance éc
Numéro tarifaire
Tarif de la nation la plus favorisée
2835.24.00
À compter du 5 mars 2010.............En fr.
2835.26.90
À compter du 5 mars 2010.............En fr.
2835.29.21
À compter du 5 mars 2010.............En fr.
2835.29.29
À compter du 5 mars 2010.............En fr.
2835.29.90
À compter du 5 mars 2010.............En fr.
2835.31.90
À compter du 5 mars 2010.............En fr.
2835.39.90
À compter du 5 mars 2010.............En fr.
2836.20.90
À compter du 5 mars 2010.............En fr.
2836.91.90
À compter du 5 mars 2010.............En fr.
2836.92.00
À compter du 5 mars 2010.............En fr.
2836.99.90
À compter du 5 mars 2010.............En fr.
2839.19.00
À compter du 5 mars 2010................5 % À compter du 1er janvier 2011...........4 % À compter du 1er janvier 2012...........3 % À compter du 1er janvier 2013...........2 % À compter du 1er janvier 2014........En fr.
2839.90.10
À compter du 5 mars 2010.............2,5 % À compter du 1er janvier 2011...........2 % À compter du 1er janvier 2012........En fr.
2841.50.20
À compter du 5 mars 2010.............En fr.
2841.50.90
À compter du 5 mars 2010.............En fr.
2841.61.00
À compter du 5 mars 2010.............En fr.
2841.69.00
À compter du 5 mars 2010.............En fr.
2841.70.90
À compter du 5 mars 2010.............En fr.
2841.80.00
À compter du 5 mars 2010.............En fr.
2841.90.20
À compter du 5 mars 2010.............En fr.
2841.90.90
À compter du 5 mars 2010.............En fr.
2842.10.10
À compter du 5 mars 2010.............En fr.
2842.90.20
À compter du 5 mars 2010.............En fr.
C. 12
Jobs and Economic G
Numéro tarifaire
Tarif de la nation la plus favorisée
2842.90.91
À compter du 5 mars 2010.............En fr.
2843.10.00
À compter du 5 mars 2010.............En fr.
2843.21.00
À compter du 5 mars 2010.............En fr.
2843.29.00
À compter du 5 mars 2010.............En fr.
2843.30.91
À compter du 5 mars 2010.............En fr.
2843.30.99
À compter du 5 mars 2010.............En fr.
2843.90.90
À compter du 5 mars 2010.............En fr.
2846.10.90
À compter du 5 mars 2010.............En fr.
2846.90.00
À compter du 5 mars 2010.............En fr.
2847.00.00
À compter du 5 mars 2010................5 % À compter du 1er janvier 2011...........4 % À compter du 1er janvier 2012...........3 % À compter du 1er janvier 2013...........2 % À compter du 1er janvier 2014........En fr.
2850.00.19
À compter du 5 mars 2010.............En fr.
2852.00.20
À compter du 5 mars 2010.............En fr.
2852.00.30
À compter du 5 mars 2010.............En fr.
2852.00.40
À compter du 5 mars 2010.............En fr.
2852.00.50
À compter du 5 mars 2010.............En fr.
2852.00.60
À compter du 5 mars 2010.............En fr.
2852.00.70
À compter du 5 mars 2010.............En fr.
2852.00.80
À compter du 5 mars 2010.............En fr.
2852.00.90
À compter du 5 mars 2010.............En fr.
2853.00.00
À compter du 5 mars 2010.............En fr.
2903.15.00
À compter du 5 mars 2010.............En fr.
2903.21.00
À compter du 5 mars 2010.............En fr.
2903.39.00
À compter du 5 mars 2010.............En fr.
2903.41.00
À compter du 5 mars 2010.............En fr.
2903.42.00
À compter du 5 mars 2010.............En fr.
2903.43.00
À compter du 5 mars 2010.............En fr.
2903.44.00
À compter du 5 mars 2010.............En fr.
2903.45.00
À compter du 5 mars 2010.............En fr.
2903.46.00
À compter du 5 mars 2010.............En fr.
2903.47.00
À compter du 5 mars 2010.............En fr.
2903.49.00
À compter du 5 mars 2010.............En fr.
2903.61.10
À compter du 5 mars 2010.............En fr.
2903.69.90
À compter du 5 mars 2010.............En fr.
2904.10.10
À compter du 5 mars 2010.............En fr.
2904.10.99
À compter du 5 mars 2010.............En fr.
2904.20.00
À compter du 5 mars 2010.............En fr.
2904.90.00
À compter du 5 mars 2010.............En fr.
2010 Numéro tarifaire
Emploi et croissance éc
Tarif de la nation la plus favorisée
2905.11.00
À compter du 5 mars 2010................3 % À compter du 1er janvier 2011........2,5 % À compter du 1er janvier 2012...........2 % À compter du 1er janvier 2013........En fr.
2905.12.00
À compter du 5 mars 2010................5 % À compter du 1er janvier 2011...........4 % À compter du 1er janvier 2012...........3 % À compter du 1er janvier 2013...........2 % À compter du 1er janvier 2014........En fr.
2905.16.90
À compter du 5 mars 2010.............En fr.
2905.17.00
À compter du 5 mars 2010.............En fr.
2905.19.10
À compter du 5 mars 2010.............En fr.
2905.19.99
À compter du 5 mars 2010.............En fr.
2905.22.00
À compter du 5 mars 2010.............En fr.
2905.31.00
À compter du 5 mars 2010................5 % À compter du 1er janvier 2011...........4 % À compter du 1er janvier 2012...........3 % À compter du 1er janvier 2013...........2 % À compter du 1er janvier 2014........En fr.
2905.32.00
À compter du 5 mars 2010.............En fr.
2905.39.00
À compter du 5 mars 2010................5 % À compter du 1er janvier 2011...........4 % À compter du 1er janvier 2012...........3 % À compter du 1er janvier 2013...........2 % À compter du 1er janvier 2014........En fr.
2905.42.00
À compter du 5 mars 2010.............En fr.
2905.43.00
À compter du 5 mars 2010.............En fr.
2905.45.00
À compter du 5 mars 2010................6 % À compter du 1er janvier 2011...........5 % À compter du 1er janvier 2012...........4 % À compter du 1er janvier 2013...........3 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
2905.49.10
À compter du 5 mars 2010.............En fr.
2905.49.90
À compter du 5 mars 2010.............En fr.
2905.51.00
À compter du 5 mars 2010.............En fr.
2905.59.00
À compter du 5 mars 2010.............En fr.
2906.12.00
À compter du 5 mars 2010.............En fr.
2906.13.00
À compter du 5 mars 2010.............En fr.
2906.19.90
À compter du 5 mars 2010.............En fr.
2906.21.90
À compter du 5 mars 2010.............En fr.
2906.29.00
À compter du 5 mars 2010.............En fr.
2907.12.00
À compter du 5 mars 2010.............En fr.
2907.13.00
À compter du 5 mars 2010................5 % À compter du 1er janvier 2011...........4 % À compter du 1er janvier 2012...........3 %
810 Numéro tarifaire
C. 12
Jobs and Economic G
Tarif de la nation la plus favorisée À compter du 1er janvier 2013...........2 % À compter du 1er janvier 2014........En fr.
2907.15.90
À compter du 5 mars 2010.............En fr.
2907.19.10
À compter du 5 mars 2010.............En fr.
2907.19.99
À compter du 5 mars 2010.............En fr.
2907.21.90
À compter du 5 mars 2010.............En fr.
2907.22.90
À compter du 5 mars 2010.............En fr.
2907.29.20
À compter du 5 mars 2010.............En fr.
2907.29.90
À compter du 5 mars 2010.............En fr.
2908.11.90
À compter du 5 mars 2010.............En fr.
2908.19.90
À compter du 5 mars 2010.............En fr.
2908.91.00
À compter du 5 mars 2010.............En fr.
2908.99.19
À compter du 5 mars 2010.............En fr.
2908.99.90
À compter du 5 mars 2010.............En fr.
2909.30.00
À compter du 5 mars 2010.............En fr.
2909.41.00
À compter du 5 mars 2010.............En fr.
2909.43.00
À compter du 5 mars 2010.............En fr.
2909.44.90
À compter du 5 mars 2010.............En fr.
2909.49.91
À compter du 5 mars 2010.............En fr.
2909.49.92
À compter du 5 mars 2010.............En fr.
2909.49.99
À compter du 5 mars 2010.............En fr.
2909.50.90
À compter du 5 mars 2010.............En fr.
2909.60.20
À compter du 5 mars 2010.............En fr.
2909.60.99
À compter du 5 mars 2010.............En fr.
2910.10.00
À compter du 5 mars 2010.............En fr.
2910.20.00
À compter du 5 mars 2010.............En fr.
2910.40.90
À compter du 5 mars 2010.............En fr.
2910.90.90
À compter du 5 mars 2010.............En fr.
2911.00.00
À compter du 5 mars 2010.............En fr.
2912.19.10
À compter du 5 mars 2010.............En fr.
2912.19.99
À compter du 5 mars 2010.............En fr.
2912.29.00
À compter du 5 mars 2010.............En fr.
2912.30.00
À compter du 5 mars 2010.............En fr.
2912.50.00
À compter du 5 mars 2010.............En fr.
2913.00.00
À compter du 5 mars 2010.............En fr.
2914.11.00
À compter du 5 mars 2010.............En fr.
2914.19.00
À compter du 5 mars 2010.............En fr.
2914.22.00
À compter du 5 mars 2010.............En fr.
2914.23.00
À compter du 5 mars 2010.............En fr.
2914.31.00
À compter du 5 mars 2010.............En fr.
Emploi et croissance éc
Numéro tarifaire
Tarif de la nation la plus favorisée
2914.39.00
À compter du 5 mars 2010.............En fr.
2914.40.90
À compter du 5 mars 2010.............En fr.
2914.50.90
À compter du 5 mars 2010.............En fr.
2914.61.00
À compter du 5 mars 2010.............En fr.
2914.69.90
À compter du 5 mars 2010.............En fr.
2914.70.00
À compter du 5 mars 2010.............En fr.
2915.13.90
À compter du 5 mars 2010.............En fr.
2915.24.00
À compter du 5 mars 2010.............En fr.
2915.29.90
À compter du 5 mars 2010.............En fr.
2915.32.00
À compter du 5 mars 2010.............En fr.
2915.33.00
À compter du 5 mars 2010.............En fr.
2915.36.00
À compter du 5 mars 2010.............En fr.
2915.39.90
À compter du 5 mars 2010.............En fr.
2915.50.10
À compter du 5 mars 2010.............En fr.
2915.50.99
À compter du 5 mars 2010.............En fr.
2915.70.10
À compter du 5 mars 2010................4 % À compter du 1er janvier 2011...........3 % À compter du 1er janvier 2012...........2 % À compter du 1er janvier 2013........En fr.
2915.70.99
À compter du 5 mars 2010................4 % À compter du 1er janvier 2011...........3 % À compter du 1er janvier 2012...........2 % À compter du 1er janvier 2013........En fr.
2915.90.10
À compter du 5 mars 2010................3 % À compter du 1er janvier 2011........2,5 % À compter du 1er janvier 2012...........2 % À compter du 1er janvier 2013........En fr.
2915.90.92
À compter du 5 mars 2010.............En fr.
2915.90.99
À compter du 5 mars 2010.............En fr.
2916.12.20
À compter du 5 mars 2010.............En fr.
2916.12.90
À compter du 5 mars 2010.............En fr.
2916.15.00
À compter du 5 mars 2010................4 % À compter du 1er janvier 2011...........3 % À compter du 1er janvier 2012...........2 % À compter du 1er janvier 2013........En fr.
2916.19.00
À compter du 5 mars 2010.............En fr.
2916.20.10
À compter du 5 mars 2010.............En fr.
2916.20.99
À compter du 5 mars 2010.............En fr.
2916.31.00
À compter du 5 mars 2010.............En fr.
2916.32.00
À compter du 5 mars 2010.............En fr.
2916.34.00
À compter du 5 mars 2010.............En fr.
2916.35.00
À compter du 5 mars 2010.............En fr.
2917.11.19
À compter du 5 mars 2010.............En fr.
C. 12
Jobs and Economic Gr
Numéro tarifaire
Tarif de la nation la plus favorisée
2917.11.90
À compter du 5 mars 2010.............En fr.
2917.12.10
À compter du 5 mars 2010................5 % À compter du 1er janvier 2011...........4 % À compter du 1er janvier 2012...........3 % À compter du 1er janvier 2013...........2 % À compter du 1er janvier 2014........En fr.
2917.12.99
À compter du 5 mars 2010.............En fr.
2917.13.10
À compter du 5 mars 2010................4 % À compter du 1er janvier 2011...........3 % À compter du 1er janvier 2012...........2 % À compter du 1er janvier 2013........En fr.
2917.13.99
À compter du 5 mars 2010.............En fr.
2917.14.90
À compter du 5 mars 2010.............En fr.
2917.19.10
À compter du 5 mars 2010................6 % À compter du 1er janvier 2011...........5 % À compter du 1er janvier 2012...........4 % À compter du 1er janvier 2013...........3 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
2917.19.99
À compter du 5 mars 2010.............En fr.
2917.20.00
À compter du 5 mars 2010.............En fr.
2917.32.00
À compter du 5 mars 2010.............En fr.
2917.33.00
À compter du 5 mars 2010.............En fr.
2917.34.10
À compter du 5 mars 2010.............En fr.
2917.34.99
À compter du 5 mars 2010.............En fr.
2917.39.90
À compter du 5 mars 2010.............En fr.
2918.18.90
À compter du 5 mars 2010.............En fr.
2918.19.10
À compter du 5 mars 2010.............En fr.
2918.19.99
À compter du 5 mars 2010.............En fr.
2918.23.00
À compter du 5 mars 2010.............En fr.
2918.29.90
À compter du 5 mars 2010.............En fr.
2918.91.00
À compter du 5 mars 2010.............En fr.
2918.99.90
À compter du 5 mars 2010.............En fr.
2919.90.10
À compter du 5 mars 2010.............En fr.
2919.90.99
À compter du 5 mars 2010.............En fr.
2920.11.00
À compter du 5 mars 2010.............En fr.
2920.19.00
À compter du 5 mars 2010.............En fr.
2920.90.10
À compter du 5 mars 2010.............En fr.
2920.90.99
À compter du 5 mars 2010.............En fr.
2921.11.90
À compter du 5 mars 2010.............En fr.
2921.19.20
À compter du 5 mars 2010.............En fr.
2921.19.91
À compter du 5 mars 2010.............En fr.
2921.19.99
À compter du 5 mars 2010.............En fr.
Emploi et croissance éc
Numéro tarifaire
Tarif de la nation la plus favorisée
2921.22.00
À compter du 5 mars 2010.............En fr.
2921.29.90
À compter du 5 mars 2010.............En fr.
2921.30.90
À compter du 5 mars 2010.............En fr.
2921.42.90
À compter du 5 mars 2010.............En fr.
2921.43.90
À compter du 5 mars 2010.............En fr.
2921.44.90
À compter du 5 mars 2010.............En fr.
2921.45.91
À compter du 5 mars 2010.............En fr.
2921.45.99
À compter du 5 mars 2010.............En fr.
2921.46.00
À compter du 5 mars 2010.............En fr.
2921.49.00
À compter du 5 mars 2010.............En fr.
2921.51.90
À compter du 5 mars 2010.............En fr.
2921.59.90
À compter du 5 mars 2010.............En fr.
2922.11.00
À compter du 5 mars 2010.............En fr.
2922.12.00
À compter du 5 mars 2010.............En fr.
2922.13.00
À compter du 5 mars 2010.............En fr.
2922.14.00
À compter du 5 mars 2010.............En fr.
2922.19.91
À compter du 5 mars 2010.............En fr.
2922.19.99
À compter du 5 mars 2010.............En fr.
2922.21.00
À compter du 5 mars 2010.............En fr.
2922.29.29
À compter du 5 mars 2010.............En fr.
2922.29.90
À compter du 5 mars 2010.............En fr.
2922.31.00
À compter du 5 mars 2010.............En fr.
2922.39.90
À compter du 5 mars 2010.............En fr.
2922.41.90
À compter du 5 mars 2010.............En fr.
2922.44.00
À compter du 5 mars 2010.............En fr.
2922.49.90
À compter du 5 mars 2010.............En fr.
2922.50.90
À compter du 5 mars 2010.............En fr.
2923.10.90
À compter du 5 mars 2010.............En fr.
2923.20.90
À compter du 5 mars 2010.............En fr.
2923.90.10
À compter du 5 mars 2010.............En fr.
2923.90.99
À compter du 5 mars 2010.............En fr.
2924.11.00
À compter du 5 mars 2010.............En fr.
2924.12.90
À compter du 5 mars 2010.............En fr.
2924.19.10
À compter du 5 mars 2010.............En fr.
2924.19.99
À compter du 5 mars 2010.............En fr.
2924.21.00
À compter du 5 mars 2010.............En fr.
2924.23.19
À compter du 5 mars 2010.............En fr.
2924.23.99
À compter du 5 mars 2010.............En fr.
2924.24.00
À compter du 5 mars 2010.............En fr.
2924.29.91
À compter du 5 mars 2010.............En fr.
C. 12
Jobs and Economic G
Numéro tarifaire
Tarif de la nation la plus favorisée
2924.29.99
À compter du 5 mars 2010.............En fr.
2925.11.00
À compter du 5 mars 2010.............En fr.
2925.12.00
À compter du 5 mars 2010.............En fr.
2925.19.00
À compter du 5 mars 2010.............En fr.
2925.21.90
À compter du 5 mars 2010.............En fr.
2925.29.90
À compter du 5 mars 2010.............En fr.
2926.30.00
À compter du 5 mars 2010.............En fr.
2926.90.90
À compter du 5 mars 2010.............En fr.
2929.90.10
À compter du 5 mars 2010.............En fr.
2929.90.90
À compter du 5 mars 2010.............En fr.
2930.20.10
À compter du 5 mars 2010.............En fr.
2930.20.99
À compter du 5 mars 2010.............En fr.
2930.30.20
À compter du 5 mars 2010.............En fr.
2930.30.99
À compter du 5 mars 2010.............En fr.
2930.50.90
À compter du 5 mars 2010.............En fr.
2930.90.21
À compter du 5 mars 2010.............En fr.
2930.90.29
À compter du 5 mars 2010.............En fr.
2930.90.99
À compter du 5 mars 2010.............En fr.
2931.00.10
À compter du 5 mars 2010.............En fr.
2931.00.99
À compter du 5 mars 2010.............En fr.
2932.19.00
À compter du 5 mars 2010.............En fr.
2932.29.90
À compter du 5 mars 2010.............En fr.
2932.91.00
À compter du 5 mars 2010.............En fr.
2932.92.00
À compter du 5 mars 2010.............En fr.
2932.93.00
À compter du 5 mars 2010.............En fr.
2932.94.00
À compter du 5 mars 2010.............En fr.
2932.95.00
À compter du 5 mars 2010.............En fr.
2932.99.00
À compter du 5 mars 2010.............En fr.
2933.19.90
À compter du 5 mars 2010.............En fr.
2933.29.90
À compter du 5 mars 2010.............En fr.
2933.32.90
À compter du 5 mars 2010.............En fr.
2933.33.00
À compter du 5 mars 2010.............En fr.
2933.39.90
À compter du 5 mars 2010.............En fr.
2933.41.00
À compter du 5 mars 2010.............En fr.
2933.49.10
À compter du 5 mars 2010.............En fr.
2933.49.90
À compter du 5 mars 2010.............En fr.
2933.55.00
À compter du 5 mars 2010.............En fr.
2933.59.91
À compter du 5 mars 2010.............En fr.
2933.59.99
À compter du 5 mars 2010.............En fr.
2933.69.10
À compter du 5 mars 2010.............En fr.
Emploi et croissance éc
Numéro tarifaire
Tarif de la nation la plus favorisée
2933.69.99
À compter du 5 mars 2010.............En fr.
2933.71.90
À compter du 5 mars 2010.............En fr.
2933.72.00
À compter du 5 mars 2010.............En fr.
2933.79.00
À compter du 5 mars 2010.............En fr.
2933.91.90
À compter du 5 mars 2010.............En fr.
2933.99.22
À compter du 5 mars 2010.............En fr.
2933.99.90
À compter du 5 mars 2010.............En fr.
2934.10.00
À compter du 5 mars 2010.............En fr.
2934.20.90
À compter du 5 mars 2010.............En fr.
2934.30.90
À compter du 5 mars 2010.............En fr.
2934.91.00
À compter du 5 mars 2010.............En fr.
2934.99.10
À compter du 5 mars 2010.............En fr.
2934.99.99
À compter du 5 mars 2010.............En fr.
2935.00.20
À compter du 5 mars 2010.............En fr.
2935.00.99
À compter du 5 mars 2010.............En fr.
2937.19.19
À compter du 5 mars 2010.............En fr.
2937.29.10
À compter du 5 mars 2010.............En fr.
2937.39.19
À compter du 5 mars 2010.............En fr.
2937.50.10
À compter du 5 mars 2010.............En fr.
2937.50.29
À compter du 5 mars 2010.............En fr.
2937.50.39
À compter du 5 mars 2010.............En fr.
2937.90.19
À compter du 5 mars 2010.............En fr.
2938.90.00
À compter du 5 mars 2010.............En fr.
2940.00.00
À compter du 5 mars 2010.............En fr.
2942.00.90
À compter du 5 mars 2010.............En fr.
3202.10.10
À compter du 5 mars 2010.............En fr.
3203.00.10
À compter du 5 mars 2010.............En fr.
3204.17.91
À compter du 5 mars 2010................4 % À compter du 1er janvier 2011...........3 % À compter du 1er janvier 2012........2,5 % À compter du 1er janvier 2013...........2 % À compter du 1er janvier 2014........En fr.
3204.17.99
À compter du 5 mars 2010................5 % À compter du 1er janvier 2011...........4 % À compter du 1er janvier 2012...........3 % À compter du 1er janvier 2013...........2 % À compter du 1er janvier 2014........En fr.
3205.00.00
À compter du 5 mars 2010.............En fr.
3206.19.90
À compter du 5 mars 2010................4 % À compter du 1er janvier 2011...........3 % À compter du 1er janvier 2012...........2 % À compter du 1er janvier 2013........En fr.
3206.20.00
À compter du 5 mars 2010................5 %
816 Numéro tarifaire
C. 12
Jobs and Economic G
Tarif de la nation la plus favorisée À compter du 1er janvier 2011...........4 % À compter du 1er janvier 2012...........3 % À compter du 1er janvier 2013...........2 % À compter du 1er janvier 2014........En fr.
3206.42.90
À compter du 5 mars 2010.............En fr.
3206.49.29
À compter du 5 mars 2010.............En fr.
3206.49.30
À compter du 5 mars 2010.............En fr.
3206.49.89
À compter du 5 mars 2010................4 % À compter du 1er janvier 2011...........3 % À compter du 1er janvier 2012...........2 % À compter du 1er janvier 2013........En fr.
3206.49.90
À compter du 5 mars 2010.............En fr.
3207.10.90
À compter du 5 mars 2010.............En fr.
3207.20.00
À compter du 5 mars 2010.............En fr.
3207.30.90
À compter du 5 mars 2010.............En fr.
3207.40.90
À compter du 5 mars 2010.............En fr.
3212.10.00
À compter du 5 mars 2010.............En fr.
3212.90.90
À compter du 5 mars 2010.............En fr.
3215.11.00
À compter du 5 mars 2010.............En fr.
3215.19.90
À compter du 5 mars 2010.............En fr.
3215.90.90
À compter du 5 mars 2010.............En fr.
3801.30.90
À compter du 5 mars 2010.............En fr.
3801.90.00
À compter du 5 mars 2010.............En fr.
3806.30.90
À compter du 5 mars 2010.............En fr.
3807.00.10
À compter du 5 mars 2010.............En fr.
3809.91.20
À compter du 5 mars 2010.............En fr.
3809.91.90
À compter du 5 mars 2010.............En fr.
3809.92.10
À compter du 5 mars 2010.............En fr.
3809.92.90
À compter du 5 mars 2010.............En fr.
3809.93.00
À compter du 5 mars 2010.............En fr.
3810.10.90
À compter du 5 mars 2010.............En fr.
3810.90.00
À compter du 5 mars 2010.............En fr.
3811.11.00
À compter du 5 mars 2010.............En fr.
3811.19.00
À compter du 5 mars 2010.............En fr.
3811.21.90
À compter du 5 mars 2010.............En fr.
3811.29.00
À compter du 5 mars 2010.............En fr.
Emploi et croissance éc
Numéro tarifaire
Tarif de la nation la plus favorisée
3811.90.00
À compter du 5 mars 2010.............En fr.
3812.10.00
À compter du 5 mars 2010.............En fr.
3812.20.90
À compter du 5 mars 2010.............En fr.
3812.30.90
À compter du 5 mars 2010.............En fr.
3813.00.00
À compter du 5 mars 2010.............En fr.
3814.00.00
À compter du 5 mars 2010.............En fr.
3815.19.10
À compter du 5 mars 2010.............En fr.
3815.90.10
À compter du 5 mars 2010.............En fr.
3816.00.90
À compter du 5 mars 2010.............En fr.
3817.00.90
À compter du 5 mars 2010.............En fr.
3821.00.90
À compter du 5 mars 2010.............En fr.
3823.11.00
À compter du 5 mars 2010.............En fr.
3823.12.00
À compter du 5 mars 2010.............En fr.
3823.19.00
À compter du 5 mars 2010.............En fr.
3823.70.90
À compter du 5 mars 2010.............En fr.
3824.10.00
À compter du 5 mars 2010.............En fr.
3824.30.00
À compter du 5 mars 2010.............En fr.
3824.40.00
À compter du 5 mars 2010.............En fr.
3824.50.90
À compter du 5 mars 2010.............En fr.
3824.60.00
À compter du 5 mars 2010.............En fr.
3824.71.00
À compter du 5 mars 2010.............En fr.
3824.72.00
À compter du 5 mars 2010.............En fr.
3824.73.00
À compter du 5 mars 2010.............En fr.
3824.74.00
À compter du 5 mars 2010.............En fr.
3824.75.00
À compter du 5 mars 2010.............En fr.
3824.76.00
À compter du 5 mars 2010.............En fr.
3824.77.00
À compter du 5 mars 2010.............En fr.
3824.78.00
À compter du 5 mars 2010.............En fr.
3824.79.00
À compter du 5 mars 2010.............En fr.
3824.81.00
À compter du 5 mars 2010.............En fr.
3824.82.00
À compter du 5 mars 2010.............En fr.
3824.83.00
À compter du 5 mars 2010.............En fr.
C. 12
Jobs and Economic G
Numéro tarifaire
Tarif de la nation la plus favorisée
3824.90.20
À compter du 5 mars 2010.............En fr.
3824.90.30
À compter du 5 mars 2010.............En fr.
3824.90.49
À compter du 5 mars 2010.............En fr.
3824.90.90
À compter du 5 mars 2010.............En fr.
3901.10.90
À compter du 5 mars 2010................6 % À compter du 1er janvier 2011...........5 % À compter du 1er janvier 2012...........4 % À compter du 1er janvier 2013...........3 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
3901.20.90
À compter du 5 mars 2010................6 % À compter du 1er janvier 2011...........5 % À compter du 1er janvier 2012...........4 % À compter du 1er janvier 2013...........3 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
3901.30.00
À compter du 5 mars 2010................4 % À compter du 1er janvier 2011...........3 % À compter du 1er janvier 2012...........2 % À compter du 1er janvier 2013........En fr.
3901.90.00
À compter du 5 mars 2010................4 % À compter du 1er janvier 2011...........3 % À compter du 1er janvier 2012...........2 % À compter du 1er janvier 2013........En fr.
3902.10.00
À compter du 5 mars 2010................4 % À compter du 1er janvier 2011...........3 % À compter du 1er janvier 2012...........2 % À compter du 1er janvier 2013........En fr.
3902.30.00
À compter du 5 mars 2010................6 % À compter du 1er janvier 2011...........5 % À compter du 1er janvier 2012...........4 % À compter du 1er janvier 2013...........3 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
3902.90.10
À compter du 5 mars 2010................6 % À compter du 1er janvier 2011...........5 % À compter du 1er janvier 2012...........4 % À compter du 1er janvier 2013...........3 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
3903.11.00
À compter du 5 mars 2010.............En fr.
3903.19.10
À compter du 5 mars 2010.............En fr.
3903.19.90
À compter du 5 mars 2010.............En fr.
3903.20.10
À compter du 5 mars 2010.............En fr.
3903.20.90
À compter du 5 mars 2010.............En fr.
3903.30.10
À compter du 5 mars 2010.............En fr.
3903.30.90
À compter du 5 mars 2010.............En fr.
3903.90.00
À compter du 5 mars 2010.............En fr.
Emploi et croissance éc
Numéro tarifaire
Tarif de la nation la plus favorisée
3904.10.90
À compter du 5 mars 2010.............En fr.
3904.21.00
À compter du 5 mars 2010.............En fr.
3904.22.00
À compter du 5 mars 2010.............En fr.
3904.30.90
À compter du 5 mars 2010.............En fr.
3904.40.00
À compter du 5 mars 2010.............En fr.
3904.50.10
À compter du 5 mars 2010.............En fr.
3904.90.00
À compter du 5 mars 2010.............En fr.
3905.12.00
À compter du 5 mars 2010.............En fr.
3905.19.90
À compter du 5 mars 2010.............En fr.
3905.21.00
À compter du 5 mars 2010.............En fr.
3905.29.90
À compter du 5 mars 2010.............En fr.
3905.91.10
À compter du 5 mars 2010.............En fr.
3905.99.10
À compter du 5 mars 2010.............En fr.
3906.10.90
À compter du 5 mars 2010.............En fr.
3906.90.91
À compter du 5 mars 2010.............En fr.
3907.20.90
À compter du 5 mars 2010.............En fr.
3907.30.90
À compter du 5 mars 2010.............En fr.
3907.40.10
À compter du 5 mars 2010.............En fr.
3907.50.00
À compter du 5 mars 2010.............En fr.
3907.60.90
À compter du 5 mars 2010.............En fr.
3907.70.90
À compter du 5 mars 2010.............En fr.
3907.91.00
À compter du 5 mars 2010.............En fr.
3907.99.90
À compter du 5 mars 2010.............En fr.
3908.10.00
À compter du 5 mars 2010................3 % À compter du 1er janvier 2011...........2 % À compter du 1er janvier 2012........En fr.
3908.90.00
À compter du 5 mars 2010................6 % À compter du 1er janvier 2011...........5 % À compter du 1er janvier 2012...........4 % À compter du 1er janvier 2013...........3 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
3909.10.10
À compter du 5 mars 2010................4 % À compter du 1er janvier 2011...........3 % À compter du 1er janvier 2012...........2 % À compter du 1er janvier 2013........En fr.
3909.20.90
À compter du 5 mars 2010................6 % À compter du 1er janvier 2011...........5 % À compter du 1er janvier 2012...........4 % À compter du 1er janvier 2013...........3 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
3909.30.10
À compter du 5 mars 2010.............En fr.
3909.40.91
À compter du 5 mars 2010.............En fr.
C. 12
Jobs and Economic G
Numéro tarifaire
Tarif de la nation la plus favorisée
3909.50.90
À compter du 5 mars 2010.............En fr.
3910.00.90
À compter du 5 mars 2010.............En fr.
3911.10.10
À compter du 5 mars 2010.............En fr.
3911.90.90
À compter du 5 mars 2010.............En fr.
3912.11.90
À compter du 5 mars 2010.............En fr.
3912.12.00
À compter du 5 mars 2010.............En fr.
3912.20.10
À compter du 5 mars 2010.............En fr.
3912.39.10
À compter du 5 mars 2010.............En fr.
3912.90.90
À compter du 5 mars 2010.............En fr.
3913.10.00
À compter du 5 mars 2010.............En fr.
3913.90.90
À compter du 5 mars 2010.............En fr.
3914.00.10
À compter du 5 mars 2010.............En fr.
3916.10.00
À compter du 5 mars 2010.............En fr.
3916.20.00
À compter du 5 mars 2010................6 % À compter du 1er janvier 2011...........5 % À compter du 1er janvier 2012...........4 % À compter du 1er janvier 2013...........3 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
3916.90.11
À compter du 5 mars 2010.............En fr.
3916.90.99
À compter du 5 mars 2010.............En fr.
3917.10.10
À compter du 5 mars 2010.............En fr.
3917.21.00
À compter du 5 mars 2010.............En fr.
3917.22.00
À compter du 5 mars 2010.............En fr.
3917.23.90
À compter du 5 mars 2010.............En fr.
3917.29.90
À compter du 5 mars 2010.............En fr.
3917.31.90
À compter du 5 mars 2010.............En fr.
3917.40.90
À compter du 5 mars 2010.............En fr.
3919.10.10
À compter du 5 mars 2010................5 % À compter du 1er janvier 2011...........4 % À compter du 1er janvier 2012...........3 % À compter du 1er janvier 2013...........2 % À compter du 1er janvier 2014........En fr.
3919.90.10
À compter du 5 mars 2010................5 % À compter du 1er janvier 2011...........4 % À compter du 1er janvier 2012...........3 % À compter du 1er janvier 2013...........2 % À compter du 1er janvier 2014........En fr.
3919.90.99
À compter du 5 mars 2010.............En fr.
3920.10.10
À compter du 5 mars 2010.............En fr.
3920.10.90
À compter du 5 mars 2010.............En fr.
3920.20.20
À compter du 5 mars 2010.............En fr.
3920.20.90
À compter du 5 mars 2010.............En fr.
3920.30.90
À compter du 5 mars 2010.............En fr.
Emploi et croissance éc
Numéro tarifaire
Tarif de la nation la plus favorisée
3920.43.90
À compter du 5 mars 2010.............En fr.
3920.49.90
À compter du 5 mars 2010.............En fr.
3920.51.90
À compter du 5 mars 2010.............En fr.
3920.59.10
À compter du 5 mars 2010.............En fr.
3920.61.10
À compter du 5 mars 2010.............En fr.
3920.62.90
À compter du 5 mars 2010.............En fr.
3920.63.00
À compter du 5 mars 2010.............En fr.
3920.71.00
À compter du 5 mars 2010.............En fr.
3920.73.10
À compter du 5 mars 2010.............En fr.
3920.79.10
À compter du 5 mars 2010.............En fr.
3920.79.29
À compter du 5 mars 2010.............En fr.
3920.92.90
À compter du 5 mars 2010.............En fr.
3920.93.00
À compter du 5 mars 2010.............En fr.
3920.94.10
À compter du 5 mars 2010.............En fr.
3920.99.91
À compter du 5 mars 2010.............En fr.
3921.11.90
À compter du 5 mars 2010................3 % À compter du 1er janvier 2011........2,5 % À compter du 1er janvier 2012...........2 % À compter du 1er janvier 2013........En fr.
3921.12.91
À compter du 5 mars 2010................5 % À compter du 1er janvier 2011...........4 % À compter du 1er janvier 2012...........3 % À compter du 1er janvier 2013...........2 % À compter du 1er janvier 2014........En fr.
3921.12.99
À compter du 5 mars 2010................5 % À compter du 1er janvier 2011...........4 % À compter du 1er janvier 2012...........3 % À compter du 1er janvier 2013...........2 % À compter du 1er janvier 2014........En fr.
3921.13.91
À compter du 5 mars 2010................5 % À compter du 1er janvier 2011...........4 % À compter du 1er janvier 2012...........3 % À compter du 1er janvier 2013...........2 % À compter du 1er janvier 2014........En fr.
3921.13.99
À compter du 5 mars 2010................3 % À compter du 1er janvier 2011........2,5 % À compter du 1er janvier 2012...........2 % À compter du 1er janvier 2013........En fr.
3921.14.90
À compter du 5 mars 2010................3 % À compter du 1er janvier 2011........2,5 % À compter du 1er janvier 2012...........2 % À compter du 1er janvier 2013........En fr.
3921.19.90
À compter du 5 mars 2010................3 % À compter du 1er janvier 2011........2,5 % À compter du 1er janvier 2012...........2 % À compter du 1er janvier 2013........En fr.
3921.90.12
À compter du 5 mars 2010................5 %
822 Numéro tarifaire
C. 12
Jobs and Economic G
Tarif de la nation la plus favorisée À compter du 1er janvier 2011...........4 % À compter du 1er janvier 2012...........3 % À compter du 1er janvier 2013...........2 % À compter du 1er janvier 2014........En fr.
3921.90.19
À compter du 5 mars 2010................5 % À compter du 1er janvier 2011...........4 % À compter du 1er janvier 2012...........3 % À compter du 1er janvier 2013...........2 % À compter du 1er janvier 2014........En fr.
3921.90.94
À compter du 5 mars 2010................5 % À compter du 1er janvier 2011...........4 % À compter du 1er janvier 2012...........3 % À compter du 1er janvier 2013...........2 % À compter du 1er janvier 2014........En fr.
3921.90.99
À compter du 5 mars 2010................3 % À compter du 1er janvier 2011...........2 % À compter du 1er janvier 2012........En fr.
4005.10.90
À compter du 5 mars 2010.............En fr.
4005.20.00
À compter du 5 mars 2010.............En fr.
4005.91.90
À compter du 5 mars 2010.............En fr.
4005.99.00
À compter du 5 mars 2010.............En fr.
4006.10.00
À compter du 5 mars 2010.............En fr.
4006.90.90
À compter du 5 mars 2010.............En fr.
4007.00.90
À compter du 5 mars 2010.............En fr.
4008.11.90
À compter du 5 mars 2010.............En fr.
4008.19.10
À compter du 5 mars 2010.............En fr.
4008.19.90
À compter du 5 mars 2010.............En fr.
4008.21.90
À compter du 5 mars 2010.............En fr.
4008.29.10
À compter du 5 mars 2010.............En fr.
4008.29.90
À compter du 5 mars 2010.............En fr.
4009.11.00
À compter du 5 mars 2010.............En fr.
Emploi et croissance éc
Numéro tarifaire
Tarif de la nation la plus favorisée
4009.12.00
À compter du 5 mars 2010.............En fr.
4009.21.00
À compter du 5 mars 2010.............En fr.
4009.22.90
À compter du 5 mars 2010.............En fr.
4009.31.90
À compter du 5 mars 2010.............En fr.
4009.32.90
À compter du 5 mars 2010.............En fr.
4009.41.90
À compter du 5 mars 2010.............En fr.
4009.42.90
À compter du 5 mars 2010.............En fr.
4010.11.10
À compter du 5 mars 2010.............En fr.
4010.11.20
À compter du 5 mars 2010.............En fr.
4010.12.19
À compter du 5 mars 2010.............En fr.
4010.12.29
À compter du 5 mars 2010.............En fr.
4010.19.19
À compter du 5 mars 2010.............En fr.
4010.19.29
À compter du 5 mars 2010.............En fr.
4104.11.22
À compter du 5 mars 2010.............En fr.
4104.11.29
À compter du 5 mars 2010.............En fr.
4104.11.31
À compter du 5 mars 2010.............En fr.
4104.11.39
À compter du 5 mars 2010.............En fr.
4104.11.41
À compter du 5 mars 2010.............En fr.
4104.11.49
À compter du 5 mars 2010.............En fr.
4104.11.91
À compter du 5 mars 2010.............En fr.
4104.11.99
À compter du 5 mars 2010.............En fr.
4104.19.22
À compter du 5 mars 2010.............En fr.
4104.19.29
À compter du 5 mars 2010.............En fr.
4104.19.31
À compter du 5 mars 2010.............En fr.
4104.19.39
À compter du 5 mars 2010.............En fr.
4104.19.41
À compter du 5 mars 2010.............En fr.
C. 12
Jobs and Economic G
Numéro tarifaire
Tarif de la nation la plus favorisée
4104.19.49
À compter du 5 mars 2010.............En fr.
4104.19.91
À compter du 5 mars 2010.............En fr.
4104.19.99
À compter du 5 mars 2010.............En fr.
4104.41.12
À compter du 5 mars 2010.............En fr.
4104.41.19
À compter du 5 mars 2010.............En fr.
4104.41.92
À compter du 5 mars 2010.............En fr.
4104.41.99
À compter du 5 mars 2010.............En fr.
4104.49.12
À compter du 5 mars 2010.............En fr.
4104.49.19
À compter du 5 mars 2010.............En fr.
4104.49.22
À compter du 5 mars 2010.............En fr.
4104.49.29
À compter du 5 mars 2010.............En fr.
4104.49.92
À compter du 5 mars 2010.............En fr.
4104.49.93
À compter du 5 mars 2010.............En fr.
4104.49.99
À compter du 5 mars 2010.............En fr.
4105.10.12
À compter du 5 mars 2010.............En fr.
4105.10.19
À compter du 5 mars 2010.............En fr.
4105.10.29
À compter du 5 mars 2010.............En fr.
4105.10.99
À compter du 5 mars 2010.............En fr.
4105.30.12
À compter du 5 mars 2010.............En fr.
4105.30.19
À compter du 5 mars 2010.............En fr.
4105.30.99
À compter du 5 mars 2010.............En fr.
4106.21.29
À compter du 5 mars 2010.............En fr.
4106.21.99
À compter du 5 mars 2010.............En fr.
4106.22.22
À compter du 5 mars 2010.............En fr.
4106.22.29
À compter du 5 mars 2010.............En fr.
4106.22.92
À compter du 5 mars 2010.............En fr.
4106.22.99
À compter du 5 mars 2010.............En fr.
4106.31.10
À compter du 5 mars 2010.............En fr.
4106.31.92
À compter du 5 mars 2010.............En fr.
4106.31.99
À compter du 5 mars 2010.............En fr.
4106.32.20
À compter du 5 mars 2010.............En fr.
4106.32.90
À compter du 5 mars 2010.............En fr.
4106.91.20
À compter du 5 mars 2010.............En fr.
4106.91.90
À compter du 5 mars 2010.............En fr.
4106.92.20
À compter du 5 mars 2010.............En fr.
4106.92.90
À compter du 5 mars 2010.............En fr.
Emploi et croissance éc
Numéro tarifaire
Tarif de la nation la plus favorisée
4107.11.12
À compter du 5 mars 2010.............En fr.
4107.11.19
À compter du 5 mars 2010.............En fr.
4107.11.92
À compter du 5 mars 2010.............En fr.
4107.11.99
À compter du 5 mars 2010.............En fr.
4107.12.12
À compter du 5 mars 2010.............En fr.
4107.12.19
À compter du 5 mars 2010.............En fr.
4107.12.92
À compter du 5 mars 2010.............En fr.
4107.12.99
À compter du 5 mars 2010.............En fr.
4107.19.12
À compter du 5 mars 2010.............En fr.
4107.19.19
À compter du 5 mars 2010.............En fr.
4107.19.92
À compter du 5 mars 2010.............En fr.
4107.19.93
À compter du 5 mars 2010.............En fr.
4107.19.99
À compter du 5 mars 2010.............En fr.
4107.91.20
À compter du 5 mars 2010.............En fr.
4107.91.90
À compter du 5 mars 2010.............En fr.
4107.92.20
À compter du 5 mars 2010.............En fr.
4107.92.90
À compter du 5 mars 2010.............En fr.
4107.99.20
À compter du 5 mars 2010.............En fr.
4107.99.30
À compter du 5 mars 2010.............En fr.
4107.99.90
À compter du 5 mars 2010.............En fr.
4112.00.90
À compter du 5 mars 2010.............En fr.
4113.10.20
À compter du 5 mars 2010.............En fr.
4113.10.90
À compter du 5 mars 2010.............En fr.
4113.20.20
À compter du 5 mars 2010.............En fr.
4113.20.90
À compter du 5 mars 2010.............En fr.
4113.90.20
À compter du 5 mars 2010.............En fr.
4113.90.90
À compter du 5 mars 2010.............En fr.
4114.10.00
À compter du 5 mars 2010.............En fr.
4114.20.90
À compter du 5 mars 2010.............En fr.
4302.11.00
À compter du 5 mars 2010.............En fr.
4302.19.22
À compter du 5 mars 2010.............En fr.
4302.19.29
À compter du 5 mars 2010.............En fr.
4302.19.30
À compter du 5 mars 2010.............En fr.
4302.19.90
À compter du 5 mars 2010.............En fr.
4302.20.00
À compter du 5 mars 2010.............En fr.
4408.10.10
À compter du 5 mars 2010.............5,5 %
826 Numéro tarifaire
C. 12
Jobs and Economic G
Tarif de la nation la plus favorisée À compter du 1er janvier 2011...........5 % À compter du 1er janvier 2012...........4 % À compter du 1er janvier 2013...........3 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
4408.31.10
À compter du 5 mars 2010.............En fr.
4408.39.10
À compter du 5 mars 2010.............En fr.
4408.90.10
À compter du 5 mars 2010.............5,5 % À compter du 1er janvier 2011...........5 % À compter du 1er janvier 2012...........4 % À compter du 1er janvier 2013...........3 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
4410.11.10
À compter du 5 mars 2010................2 % À compter du 1er janvier 2011...........2 % À compter du 1er janvier 2012........En fr.
4410.12.00
À compter du 5 mars 2010................2 % À compter du 1er janvier 2011...........2 % À compter du 1er janvier 2012........En fr.
4410.19.10
À compter du 5 mars 2010................2 % À compter du 1er janvier 2011...........2 % À compter du 1er janvier 2012........En fr.
4412.10.10
À compter du 5 mars 2010.............4,5 % À compter du 1er janvier 2011...........4 % À compter du 1er janvier 2012........3,5 % À compter du 1er janvier 2013...........3 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
4412.10.90
À compter du 5 mars 2010.............5,5 % À compter du 1er janvier 2011...........5 % À compter du 1er janvier 2012...........4 % À compter du 1er janvier 2013...........3 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
4412.31.90
À compter du 5 mars 2010.............4,5 % À compter du 1er janvier 2011...........4 % À compter du 1er janvier 2012........3,5 % À compter du 1er janvier 2013...........3 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
4412.32.90
À compter du 5 mars 2010.............4,5 % À compter du 1er janvier 2011...........4 % À compter du 1er janvier 2012........3,5 % À compter du 1er janvier 2013...........3 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
4412.39.10
À compter du 5 mars 2010.............5,5 % À compter du 1er janvier 2011...........5 % À compter du 1er janvier 2012...........4 % À compter du 1er janvier 2013...........3 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
2010 Numéro tarifaire
Emploi et croissance éc
Tarif de la nation la plus favorisée
4412.39.90
À compter du 5 mars 2010.............8,5 % À compter du 1er janvier 2011........7,5 % À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
4412.94.90
À compter du 5 mars 2010.............5,5 % À compter du 1er janvier 2011...........5 % À compter du 1er janvier 2012...........4 % À compter du 1er janvier 2013...........3 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
4412.99.90
À compter du 5 mars 2010.............5,5 % À compter du 1er janvier 2011...........5 % À compter du 1er janvier 2012...........4 % À compter du 1er janvier 2013...........3 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
4413.00.00
À compter du 5 mars 2010.............En fr.
4415.20.90
À compter du 5 mars 2010.............En fr.
4416.00.90
À compter du 5 mars 2010.............En fr.
5106.10.90
À compter du 5 mars 2010................6 % À compter du 1er janvier 2011...........5 % À compter du 1er janvier 2012...........4 % À compter du 1er janvier 2013...........3 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5106.20.00
À compter du 5 mars 2010................6 % À compter du 1er janvier 2011...........5 % À compter du 1er janvier 2012...........4 % À compter du 1er janvier 2013...........3 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5107.10.90
À compter du 5 mars 2010................6 % À compter du 1er janvier 2011...........5 % À compter du 1er janvier 2012...........4 % À compter du 1er janvier 2013...........3 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5107.20.90
À compter du 5 mars 2010................6 % À compter du 1er janvier 2011...........5 %
828 Numéro tarifaire
C. 12
Jobs and Economic G
Tarif de la nation la plus favorisée À compter du 1er janvier 2012...........4 % À compter du 1er janvier 2013...........3 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5111.11.50
À compter du 5 mars 2010.............En fr.
5111.11.90
À compter du 5 mars 2010................7 % À compter du 1er janvier 2011........4,5 % À compter du 1er janvier 2012...........2 % À compter du 1er janvier 2013........En fr.
5111.19.31
À compter du 5 mars 2010.............En fr.
5111.19.32
À compter du 5 mars 2010.............En fr.
5111.19.39
À compter du 5 mars 2010.............En fr.
5111.19.90
À compter du 5 mars 2010.............En fr.
5111.20.19
À compter du 5 mars 2010.............En fr.
5111.20.29
À compter du 5 mars 2010.............En fr.
5111.20.91
À compter du 5 mars 2010.............En fr.
5111.20.92
À compter du 5 mars 2010.............En fr.
5111.30.12
À compter du 5 mars 2010.............En fr.
5111.30.13
À compter du 5 mars 2010.............En fr.
5111.30.18
À compter du 5 mars 2010.............En fr.
5111.30.19
À compter du 5 mars 2010.............En fr.
5111.30.29
À compter du 5 mars 2010.............En fr.
5111.30.91
À compter du 5 mars 2010.............En fr.
5111.30.92
À compter du 5 mars 2010.............En fr.
5111.90.50
À compter du 5 mars 2010.............En fr.
5111.90.91
À compter du 5 mars 2010.............En fr.
5111.90.92
À compter du 5 mars 2010.............En fr.
5112.11.60
À compter du 5 mars 2010.............En fr.
5112.11.90
À compter du 5 mars 2010.............En fr.
5112.19.19
À compter du 5 mars 2010.............En fr.
5112.19.94
À compter du 5 mars 2010.............En fr.
5112.19.95
À compter du 5 mars 2010.............En fr.
5112.20.30
À compter du 5 mars 2010.............En fr.
5112.20.91
À compter du 5 mars 2010.............En fr.
5112.20.92
À compter du 5 mars 2010.............En fr.
5112.30.29
À compter du 5 mars 2010.............En fr.
5112.30.30
À compter du 5 mars 2010.............En fr.
5112.30.91
À compter du 5 mars 2010.............En fr.
Emploi et croissance éc
Numéro tarifaire
Tarif de la nation la plus favorisée
5112.30.94
À compter du 5 mars 2010.............En fr.
5112.90.30
À compter du 5 mars 2010.............En fr.
5112.90.91
À compter du 5 mars 2010.............En fr.
5112.90.92
À compter du 5 mars 2010.............En fr.
5113.00.90
À compter du 5 mars 2010.............En fr.
5203.00.90
À compter du 5 mars 2010.............En fr.
5204.11.10
À compter du 5 mars 2010................4 % À compter du 1er janvier 2011........3,5 % À compter du 1er janvier 2012...........3 % À compter du 1er janvier 2013........2,5 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5204.11.90
À compter du 5 mars 2010................6 % À compter du 1er janvier 2011...........5 % À compter du 1er janvier 2012...........4 % À compter du 1er janvier 2013...........3 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5205.11.90
À compter du 5 mars 2010................6 % À compter du 1er janvier 2011...........5 % À compter du 1er janvier 2012...........4 % À compter du 1er janvier 2013...........3 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5205.12.90
À compter du 5 mars 2010................6 % À compter du 1er janvier 2011...........5 % À compter du 1er janvier 2012...........4 % À compter du 1er janvier 2013...........3 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5205.13.90
À compter du 5 mars 2010................6 % À compter du 1er janvier 2011...........5 % À compter du 1er janvier 2012...........4 % À compter du 1er janvier 2013...........3 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5205.14.90
À compter du 5 mars 2010................6 % À compter du 1er janvier 2011...........5 % À compter du 1er janvier 2012...........4 % À compter du 1er janvier 2013...........3 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5205.21.90
À compter du 5 mars 2010................6 % À compter du 1er janvier 2011...........5 % À compter du 1er janvier 2012...........4 % À compter du 1er janvier 2013...........3 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
830 Numéro tarifaire
C. 12
Jobs and Economic G
Tarif de la nation la plus favorisée
5205.22.90
À compter du 5 mars 2010................6 % À compter du 1er janvier 2011...........5 % À compter du 1er janvier 2012...........4 % À compter du 1er janvier 2013...........3 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5205.23.90
À compter du 5 mars 2010................6 % À compter du 1er janvier 2011...........5 % À compter du 1er janvier 2012...........4 % À compter du 1er janvier 2013...........3 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5205.24.90
À compter du 5 mars 2010................6 % À compter du 1er janvier 2011...........5 % À compter du 1er janvier 2012...........4 % À compter du 1er janvier 2013...........3 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5205.31.90
À compter du 5 mars 2010................6 % À compter du 1er janvier 2011...........5 % À compter du 1er janvier 2012...........4 % À compter du 1er janvier 2013...........3 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5205.32.90
À compter du 5 mars 2010................6 % À compter du 1er janvier 2011...........5 % À compter du 1er janvier 2012...........4 % À compter du 1er janvier 2013...........3 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5205.41.90
À compter du 5 mars 2010................6 % À compter du 1er janvier 2011...........5 % À compter du 1er janvier 2012...........4 % À compter du 1er janvier 2013...........3 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5205.42.90
À compter du 5 mars 2010................6 % À compter du 1er janvier 2011...........5 % À compter du 1er janvier 2012...........4 % À compter du 1er janvier 2013...........3 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5206.11.00
À compter du 5 mars 2010................6 % À compter du 1er janvier 2011...........5 % À compter du 1er janvier 2012...........4 % À compter du 1er janvier 2013...........3 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5206.12.00
À compter du 5 mars 2010................6 % À compter du 1er janvier 2011...........5 % À compter du 1er janvier 2012...........4 % À compter du 1er janvier 2013...........3 %
2010 Numéro tarifaire
Emploi et croissance éc
Tarif de la nation la plus favorisée À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5206.13.00
À compter du 5 mars 2010................6 % À compter du 1er janvier 2011...........5 % À compter du 1er janvier 2012...........4 % À compter du 1er janvier 2013...........3 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5206.22.00
À compter du 5 mars 2010................6 % À compter du 1er janvier 2011...........5 % À compter du 1er janvier 2012...........4 % À compter du 1er janvier 2013...........3 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5206.31.00
À compter du 5 mars 2010................6 % À compter du 1er janvier 2011...........5 % À compter du 1er janvier 2012...........4 % À compter du 1er janvier 2013...........3 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5206.32.00
À compter du 5 mars 2010................6 % À compter du 1er janvier 2011...........5 % À compter du 1er janvier 2012...........4 % À compter du 1er janvier 2013...........3 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5206.34.00
À compter du 5 mars 2010................6 % À compter du 1er janvier 2011...........5 % À compter du 1er janvier 2012...........4 % À compter du 1er janvier 2013...........3 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5206.35.00
À compter du 5 mars 2010................6 % À compter du 1er janvier 2011...........5 % À compter du 1er janvier 2012...........4 % À compter du 1er janvier 2013...........3 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5206.41.00
À compter du 5 mars 2010................6 % À compter du 1er janvier 2011...........5 % À compter du 1er janvier 2012...........4 % À compter du 1er janvier 2013...........3 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5206.42.00
À compter du 5 mars 2010................6 % À compter du 1er janvier 2011...........5 % À compter du 1er janvier 2012...........4 % À compter du 1er janvier 2013...........3 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5206.43.00
À compter du 5 mars 2010................6 % À compter du 1er janvier 2011...........5 %
832 Numéro tarifaire
C. 12
Jobs and Economic G
Tarif de la nation la plus favorisée À compter du 1er janvier 2012...........4 % À compter du 1er janvier 2013...........3 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5206.44.00
À compter du 5 mars 2010................6 % À compter du 1er janvier 2011...........5 % À compter du 1er janvier 2012...........4 % À compter du 1er janvier 2013...........3 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5208.12.90
À compter du 5 mars 2010.............En fr.
5208.13.90
À compter du 5 mars 2010.............En fr.
5208.19.90
À compter du 5 mars 2010.............En fr.
5208.21.99
À compter du 5 mars 2010.............En fr.
5208.22.90
À compter du 5 mars 2010.............En fr.
5208.23.99
À compter du 5 mars 2010.............En fr.
5208.29.99
À compter du 5 mars 2010.............En fr.
5208.31.99
À compter du 5 mars 2010.............En fr.
5208.32.90
À compter du 5 mars 2010.............En fr.
5208.33.99
À compter du 5 mars 2010.............En fr.
5208.39.90
À compter du 5 mars 2010.............En fr.
5208.41.90
À compter du 5 mars 2010.............En fr.
5208.42.99
À compter du 5 mars 2010.............En fr.
5208.43.90
À compter du 5 mars 2010.............En fr.
5208.49.99
À compter du 5 mars 2010.............En fr.
5208.51.90
À compter du 5 mars 2010.............En fr.
5208.52.90
À compter du 5 mars 2010.............En fr.
5208.59.99
À compter du 5 mars 2010.............En fr.
5209.11.90
À compter du 5 mars 2010.............En fr.
5209.12.90
À compter du 5 mars 2010.............En fr.
5209.19.90
À compter du 5 mars 2010.............En fr.
5209.21.90
À compter du 5 mars 2010.............En fr.
5209.22.90
À compter du 5 mars 2010.............En fr.
5209.29.90
À compter du 5 mars 2010.............En fr.
5209.31.90
À compter du 5 mars 2010.............En fr.
5209.32.90
À compter du 5 mars 2010.............En fr.
5209.39.90
À compter du 5 mars 2010.............En fr.
5209.41.90
À compter du 5 mars 2010.............En fr.
5209.42.90
À compter du 5 mars 2010.............En fr.
5209.43.99
À compter du 5 mars 2010.............En fr.
Emploi et croissance éc
Numéro tarifaire
Tarif de la nation la plus favorisée
5209.49.90
À compter du 5 mars 2010.............En fr.
5209.51.00
À compter du 5 mars 2010.............En fr.
5209.52.90
À compter du 5 mars 2010................7 % À compter du 1er janvier 2011........4,5 % À compter du 1er janvier 2012...........2 % À compter du 1er janvier 2013........En fr.
5209.59.90
À compter du 5 mars 2010.............En fr.
5210.11.00
À compter du 5 mars 2010................7 % À compter du 1er janvier 2011........4,5 % À compter du 1er janvier 2012...........2 % À compter du 1er janvier 2013........En fr.
5210.19.00
À compter du 5 mars 2010................7 % À compter du 1er janvier 2011........4,5 % À compter du 1er janvier 2012...........2 % À compter du 1er janvier 2013........En fr.
5210.21.00
À compter du 5 mars 2010................7 % À compter du 1er janvier 2011........4,5 % À compter du 1er janvier 2012...........2 % À compter du 1er janvier 2013........En fr.
5210.29.00
À compter du 5 mars 2010................7 % À compter du 1er janvier 2011........4,5 % À compter du 1er janvier 2012...........2 % À compter du 1er janvier 2013........En fr.
5210.31.00
À compter du 5 mars 2010................7 % À compter du 1er janvier 2011........4,5 % À compter du 1er janvier 2012...........2 % À compter du 1er janvier 2013........En fr.
5210.32.00
À compter du 5 mars 2010................7 % À compter du 1er janvier 2011........4,5 % À compter du 1er janvier 2012...........2 % À compter du 1er janvier 2013........En fr.
5210.39.00
À compter du 5 mars 2010................7 % À compter du 1er janvier 2011........4,5 % À compter du 1er janvier 2012...........2 % À compter du 1er janvier 2013........En fr.
5210.41.00
À compter du 5 mars 2010................7 % À compter du 1er janvier 2011........4,5 % À compter du 1er janvier 2012...........2 % À compter du 1er janvier 2013........En fr.
5210.49.19
À compter du 5 mars 2010..............10 % À compter du 1er janvier 2011...........8 % À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5210.49.90
À compter du 5 mars 2010................7 % À compter du 1er janvier 2011........4,5 % À compter du 1er janvier 2012...........2 % À compter du 1er janvier 2013........En fr.
5210.51.90
À compter du 5 mars 2010................7 %
834 Numéro tarifaire
C. 12
Jobs and Economic G
Tarif de la nation la plus favorisée À compter du 1er janvier 2011........4,5 % À compter du 1er janvier 2012...........2 % À compter du 1er janvier 2013........En fr. .
5210.59.00
À compter du 5 mars 2010................7 % À compter du 1er janvier 2011........4,5 % À compter du 1er janvier 2012...........2 % À compter du 1er janvier 2013........En fr.
5211.11.00
À compter du 5 mars 2010................7 % À compter du 1er janvier 2011........4,5 % À compter du 1er janvier 2012...........2 % À compter du 1er janvier 2013........En fr.
5211.12.90
À compter du 5 mars 2010..............10 % À compter du 1er janvier 2011...........8 % À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5211.19.00
À compter du 5 mars 2010..............10 % À compter du 1er janvier 2011...........8 % À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5211.20.19
À compter du 5 mars 2010..............10 % À compter du 1er janvier 2011...........8 % À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5211.20.90
À compter du 5 mars 2010..............10 % À compter du 1er janvier 2011...........8 % À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5211.31.00
À compter du 5 mars 2010..............10 % À compter du 1er janvier 2011...........8 % À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5211.32.90
À compter du 5 mars 2010..............10 % À compter du 1er janvier 2011...........8 % À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5211.39.00
À compter du 5 mars 2010................7 %
2010 Numéro tarifaire
Emploi et croissance éc
Tarif de la nation la plus favorisée À compter du 1er janvier 2011........4,5 % À compter du 1er janvier 2012...........2 % À compter du 1er janvier 2013........En fr.
5211.41.90
À compter du 5 mars 2010..............10 % À compter du 1er janvier 2011...........8 % À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5211.42.90
À compter du 5 mars 2010.............En fr.
5211.43.90
À compter du 5 mars 2010..............10 % À compter du 1er janvier 2011...........8 % À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5211.51.00
À compter du 5 mars 2010..............10 % À compter du 1er janvier 2011...........8 % À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5211.52.90
À compter du 5 mars 2010..............10 % À compter du 1er janvier 2011...........8 % À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5211.59.00
À compter du 5 mars 2010................7 % À compter du 1er janvier 2011........4,5 % À compter du 1er janvier 2012...........2 % À compter du 1er janvier 2013........En fr.
5212.11.30
À compter du 5 mars 2010................6 % À compter du 1er janvier 2011...........5 % À compter du 1er janvier 2012...........4 % À compter du 1er janvier 2013...........3 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5212.11.90
À compter du 5 mars 2010..............10 % À compter du 1er janvier 2011...........8 % À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5212.12.30
À compter du 5 mars 2010................6 % À compter du 1er janvier 2011...........5 % À compter du 1er janvier 2012...........4 % À compter du 1er janvier 2013...........3 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5212.12.90
À compter du 5 mars 2010..............10 % À compter du 1er janvier 2011...........8 %
836 Numéro tarifaire
C. 12
Jobs and Economic G
Tarif de la nation la plus favorisée À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5212.13.40
À compter du 5 mars 2010................6 % À compter du 1er janvier 2011...........5 % À compter du 1er janvier 2012...........4 % À compter du 1er janvier 2013...........3 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5212.13.90
À compter du 5 mars 2010..............10 % À compter du 1er janvier 2011...........8 % À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5212.14.40
À compter du 5 mars 2010................6 % À compter du 1er janvier 2011...........5 % À compter du 1er janvier 2012...........4 % À compter du 1er janvier 2013...........3 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5212.14.90
À compter du 5 mars 2010..............10 % À compter du 1er janvier 2011...........8 % À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5212.15.30
À compter du 5 mars 2010................6 % À compter du 1er janvier 2011...........5 % À compter du 1er janvier 2012...........4 % À compter du 1er janvier 2013...........3 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5212.15.90
À compter du 5 mars 2010................7 % À compter du 1er janvier 2011........4,5 % À compter du 1er janvier 2012...........2 % À compter du 1er janvier 2013........En fr.
5212.21.30
À compter du 5 mars 2010................6 % À compter du 1er janvier 2011...........5 % À compter du 1er janvier 2012...........4 % À compter du 1er janvier 2013...........3 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5212.21.90
À compter du 5 mars 2010..............10 % À compter du 1er janvier 2011...........8 % À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5212.22.30
À compter du 5 mars 2010................6 % À compter du 1er janvier 2011...........5 %
2010 Numéro tarifaire
Emploi et croissance éc
Tarif de la nation la plus favorisée À compter du 1er janvier 2012...........4 % À compter du 1er janvier 2013...........3 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5212.22.90
À compter du 5 mars 2010..............10 % À compter du 1er janvier 2011...........8 % À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5212.23.30
À compter du 5 mars 2010................6 % À compter du 1er janvier 2011...........5 % À compter du 1er janvier 2012...........4 % À compter du 1er janvier 2013...........3 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5212.23.90
À compter du 5 mars 2010..............10 % À compter du 1er janvier 2011...........8 % À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5212.24.30
À compter du 5 mars 2010................6 % À compter du 1er janvier 2011...........5 % À compter du 1er janvier 2012...........4 % À compter du 1er janvier 2013...........3 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5212.24.90
À compter du 5 mars 2010................7 % À compter du 1er janvier 2011........4,5 % À compter du 1er janvier 2012...........2 % À compter du 1er janvier 2013........En fr.
5212.25.30
À compter du 5 mars 2010................6 % À compter du 1er janvier 2011...........5 % À compter du 1er janvier 2012...........4 % À compter du 1er janvier 2013...........3 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5212.25.90
À compter du 5 mars 2010..............10 % À compter du 1er janvier 2011...........8 % À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5308.90.90
À compter du 5 mars 2010................6 % À compter du 1er janvier 2011...........5 % À compter du 1er janvier 2012...........4 % À compter du 1er janvier 2013...........3 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5309.11.90
À compter du 5 mars 2010.............En fr.
5309.19.90
À compter du 5 mars 2010.............En fr.
C. 12
Jobs and Economic G
Numéro tarifaire
Tarif de la nation la plus favorisée
5309.21.90
À compter du 5 mars 2010.............En fr.
5309.29.90
À compter du 5 mars 2010.............En fr.
5310.90.99
À compter du 5 mars 2010.............En fr.
5311.00.90
À compter du 5 mars 2010.............En fr.
5401.10.00
À compter du 5 mars 2010................6 % À compter du 1er janvier 2011...........5 % À compter du 1er janvier 2012...........4 % À compter du 1er janvier 2013...........3 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5402.11.90
À compter du 5 mars 2010................6 % À compter du 1er janvier 2011...........5 % À compter du 1er janvier 2012...........4 % À compter du 1er janvier 2013...........3 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5402.19.90
À compter du 5 mars 2010................6 % À compter du 1er janvier 2011...........5 % À compter du 1er janvier 2012...........4 % À compter du 1er janvier 2013...........3 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5402.20.90
À compter du 5 mars 2010................6 % À compter du 1er janvier 2011...........5 % À compter du 1er janvier 2012...........4 % À compter du 1er janvier 2013...........3 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5402.31.90
À compter du 5 mars 2010................6 % À compter du 1er janvier 2011...........5 % À compter du 1er janvier 2012...........4 % À compter du 1er janvier 2013...........3 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5402.32.90
À compter du 5 mars 2010................6 % À compter du 1er janvier 2011...........5 % À compter du 1er janvier 2012...........4 % À compter du 1er janvier 2013...........3 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5402.33.90
À compter du 5 mars 2010................6 % À compter du 1er janvier 2011...........5 % À compter du 1er janvier 2012...........4 % À compter du 1er janvier 2013...........3 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5402.34.90
À compter du 5 mars 2010................6 % À compter du 1er janvier 2011...........5 % À compter du 1er janvier 2012...........4 % À compter du 1er janvier 2013...........3 % À compter du 1er janvier 2014...........2 %
2010 Numéro tarifaire
Emploi et croissance éc
Tarif de la nation la plus favorisée À compter du 1er janvier 2015........En fr.
5402.39.00
À compter du 5 mars 2010................6 % À compter du 1er janvier 2011...........5 % À compter du 1er janvier 2012...........4 % À compter du 1er janvier 2013...........3 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5402.51.90
À compter du 5 mars 2010................6 % À compter du 1er janvier 2011...........5 % À compter du 1er janvier 2012...........4 % À compter du 1er janvier 2013...........3 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5402.52.99
À compter du 5 mars 2010................6 % À compter du 1er janvier 2011...........5 % À compter du 1er janvier 2012...........4 % À compter du 1er janvier 2013...........3 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5402.59.90
À compter du 5 mars 2010................6 % À compter du 1er janvier 2011...........5 % À compter du 1er janvier 2012...........4 % À compter du 1er janvier 2013...........3 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5402.61.00
À compter du 5 mars 2010................6 % À compter du 1er janvier 2011...........5 % À compter du 1er janvier 2012...........4 % À compter du 1er janvier 2013...........3 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5402.62.90
À compter du 5 mars 2010................6 % À compter du 1er janvier 2011...........5 % À compter du 1er janvier 2012...........4 % À compter du 1er janvier 2013...........3 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5402.69.90
À compter du 5 mars 2010................6 % À compter du 1er janvier 2011...........5 % À compter du 1er janvier 2012...........4 % À compter du 1er janvier 2013...........3 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5407.10.20
À compter du 5 mars 2010................8 % À compter du 1er janvier 2011........6,5 % À compter du 1er janvier 2012...........5 % À compter du 1er janvier 2013........3,5 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5407.10.90
À compter du 5 mars 2010................7 % À compter du 1er janvier 2011........4,5 % À compter du 1er janvier 2012...........2 %
840 Numéro tarifaire
C. 12
Jobs and Economic G
Tarif de la nation la plus favorisée À compter du 1er janvier 2013........En fr.
5407.20.99
À compter du 5 mars 2010................7 % À compter du 1er janvier 2011........4,5 % À compter du 1er janvier 2012...........2 % À compter du 1er janvier 2013........En fr.
5407.30.90
À compter du 5 mars 2010..............10 % À compter du 1er janvier 2011...........8 % À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5407.41.90
À compter du 5 mars 2010................7 % À compter du 1er janvier 2011........4,5 % À compter du 1er janvier 2012...........2 % À compter du 1er janvier 2013........En fr.
5407.42.90
À compter du 5 mars 2010................7 % À compter du 1er janvier 2011........4,5 % À compter du 1er janvier 2012...........2 % À compter du 1er janvier 2013........En fr.
5407.43.00
À compter du 5 mars 2010..............10 % À compter du 1er janvier 2011...........8 % À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5407.44.00
À compter du 5 mars 2010..............10 % À compter du 1er janvier 2011...........8 % À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5407.51.90
À compter du 5 mars 2010................7 % À compter du 1er janvier 2011........4,5 % À compter du 1er janvier 2012...........2 % À compter du 1er janvier 2013........En fr.
5407.52.19
À compter du 5 mars 2010................8 % À compter du 1er janvier 2011........6,5 % À compter du 1er janvier 2012...........5 % À compter du 1er janvier 2013........3,5 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr. .
5407.52.90
À compter du 5 mars 2010.............En fr.
5407.53.00
À compter du 5 mars 2010................7 % À compter du 1er janvier 2011........4,5 % À compter du 1er janvier 2012...........2 % À compter du 1er janvier 2013........En fr.
2010 Numéro tarifaire
Emploi et croissance éc
Tarif de la nation la plus favorisée
5407.54.90
À compter du 5 mars 2010................7 % À compter du 1er janvier 2011........4,5 % À compter du 1er janvier 2012...........2 % À compter du 1er janvier 2013........En fr.
5407.61.11
À compter du 5 mars 2010.............En fr.
5407.61.19
À compter du 5 mars 2010..............10 % À compter du 1er janvier 2011...........8 % À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5407.61.93
À compter du 5 mars 2010.............En fr.
5407.61.99
À compter du 5 mars 2010.............En fr.
5407.69.90
À compter du 5 mars 2010................7 % À compter du 1er janvier 2011........4,5 % À compter du 1er janvier 2012...........2 % À compter du 1er janvier 2013........En fr.
5407.71.00
À compter du 5 mars 2010................7 % À compter du 1er janvier 2011........4,5 % À compter du 1er janvier 2012...........2 % À compter du 1er janvier 2013........En fr.
5407.72.00
À compter du 5 mars 2010................7 % À compter du 1er janvier 2011........4,5 % À compter du 1er janvier 2012...........2 % À compter du 1er janvier 2013........En fr.
5407.73.90
À compter du 5 mars 2010................7 % À compter du 1er janvier 2011........4,5 % À compter du 1er janvier 2012...........2 % À compter du 1er janvier 2013........En fr.
5407.74.00
À compter du 5 mars 2010................7 % À compter du 1er janvier 2011........4,5 % À compter du 1er janvier 2012...........2 % À compter du 1er janvier 2013........En fr.
5407.81.90
À compter du 5 mars 2010................7 % À compter du 1er janvier 2011........4,5 % À compter du 1er janvier 2012...........2 % À compter du 1er janvier 2013........En fr.
5407.82.99
À compter du 5 mars 2010................7 % À compter du 1er janvier 2011........4,5 % À compter du 1er janvier 2012...........2 % À compter du 1er janvier 2013........En fr.
5407.83.99
À compter du 5 mars 2010................7 % À compter du 1er janvier 2011........4,5 % À compter du 1er janvier 2012...........2 % À compter du 1er janvier 2013........En fr.
5407.84.90
À compter du 5 mars 2010................7 % À compter du 1er janvier 2011........4,5 % À compter du 1er janvier 2012...........2 % À compter du 1er janvier 2013........En fr.
5407.91.90
À compter du 5 mars 2010..............10 %
842 Numéro tarifaire
C. 12
Jobs and Economic G
Tarif de la nation la plus favorisée À compter du 1er janvier 2011...........8 % À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5407.92.90
À compter du 5 mars 2010.............En fr.
5407.93.90
À compter du 5 mars 2010................7 % À compter du 1er janvier 2011........4,5 % À compter du 1er janvier 2012...........2 % À compter du 1er janvier 2013........En fr.
5407.94.90
À compter du 5 mars 2010................7 % À compter du 1er janvier 2011........4,5 % À compter du 1er janvier 2012...........2 % À compter du 1er janvier 2013........En fr.
5408.10.90
À compter du 5 mars 2010.............En fr.
5408.21.90
À compter du 5 mars 2010.............En fr.
5408.22.29
À compter du 5 mars 2010.............En fr.
5408.22.99
À compter du 5 mars 2010.............En fr.
5408.23.19
À compter du 5 mars 2010.............En fr.
5408.23.99
À compter du 5 mars 2010.............En fr.
5408.24.19
À compter du 5 mars 2010.............En fr.
5408.24.99
À compter du 5 mars 2010.............En fr.
5408.31.90
À compter du 5 mars 2010.............En fr.
5408.32.90
À compter du 5 mars 2010.............En fr.
5408.33.90
À compter du 5 mars 2010.............En fr.
5408.34.90
À compter du 5 mars 2010.............En fr.
5508.10.10
À compter du 5 mars 2010................6 % À compter du 1er janvier 2011...........5 % À compter du 1er janvier 2012...........4 % À compter du 1er janvier 2013...........3 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5509.11.00
À compter du 5 mars 2010................6 % À compter du 1er janvier 2011...........5 % À compter du 1er janvier 2012...........4 % À compter du 1er janvier 2013...........3 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5509.12.90
À compter du 5 mars 2010................6 % À compter du 1er janvier 2011...........5 % À compter du 1er janvier 2012...........4 % À compter du 1er janvier 2013...........3 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5509.21.90
À compter du 5 mars 2010................6 % À compter du 1er janvier 2011...........5 % À compter du 1er janvier 2012...........4 % À compter du 1er janvier 2013...........3 %
2010 Numéro tarifaire
Emploi et croissance éc
Tarif de la nation la plus favorisée À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5509.22.30
À compter du 5 mars 2010................6 % À compter du 1er janvier 2011...........5 % À compter du 1er janvier 2012...........4 % À compter du 1er janvier 2013...........3 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5509.22.90
À compter du 5 mars 2010................6 % À compter du 1er janvier 2011...........5 % À compter du 1er janvier 2012...........4 % À compter du 1er janvier 2013...........3 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5509.31.00
À compter du 5 mars 2010................6 % À compter du 1er janvier 2011...........5 % À compter du 1er janvier 2012...........4 % À compter du 1er janvier 2013...........3 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5509.32.90
À compter du 5 mars 2010................6 % À compter du 1er janvier 2011...........5 % À compter du 1er janvier 2012...........4 % À compter du 1er janvier 2013...........3 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5509.41.90
À compter du 5 mars 2010................6 % À compter du 1er janvier 2011...........5 % À compter du 1er janvier 2012...........4 % À compter du 1er janvier 2013...........3 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5509.42.00
À compter du 5 mars 2010................6 % À compter du 1er janvier 2011...........5 % À compter du 1er janvier 2012...........4 % À compter du 1er janvier 2013...........3 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5509.52.90
À compter du 5 mars 2010................6 % À compter du 1er janvier 2011...........5 % À compter du 1er janvier 2012...........4 % À compter du 1er janvier 2013...........3 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5509.53.90
À compter du 5 mars 2010................6 % À compter du 1er janvier 2011...........5 % À compter du 1er janvier 2012...........4 % À compter du 1er janvier 2013...........3 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5509.61.00
À compter du 5 mars 2010................6 % À compter du 1er janvier 2011...........5 %
844 Numéro tarifaire
C. 12
Jobs and Economic G
Tarif de la nation la plus favorisée À compter du 1er janvier 2012...........4 % À compter du 1er janvier 2013...........3 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5509.62.00
À compter du 5 mars 2010................6 % À compter du 1er janvier 2011...........5 % À compter du 1er janvier 2012...........4 % À compter du 1er janvier 2013...........3 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5509.91.00
À compter du 5 mars 2010................6 % À compter du 1er janvier 2011...........5 % À compter du 1er janvier 2012...........4 % À compter du 1er janvier 2013...........3 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5509.92.00
À compter du 5 mars 2010................6 % À compter du 1er janvier 2011...........5 % À compter du 1er janvier 2012...........4 % À compter du 1er janvier 2013...........3 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5509.99.00
À compter du 5 mars 2010................6 % À compter du 1er janvier 2011...........5 % À compter du 1er janvier 2012...........4 % À compter du 1er janvier 2013...........3 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5510.11.90
À compter du 5 mars 2010................6 % À compter du 1er janvier 2011...........5 % À compter du 1er janvier 2012...........4 % À compter du 1er janvier 2013...........3 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5510.12.90
À compter du 5 mars 2010................6 % À compter du 1er janvier 2011...........5 % À compter du 1er janvier 2012...........4 % À compter du 1er janvier 2013...........3 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5510.20.90
À compter du 5 mars 2010................6 % À compter du 1er janvier 2011...........5 % À compter du 1er janvier 2012...........4 % À compter du 1er janvier 2013...........3 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5510.30.90
À compter du 5 mars 2010................6 % À compter du 1er janvier 2011...........5 % À compter du 1er janvier 2012...........4 % À compter du 1er janvier 2013...........3 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
2010 Numéro tarifaire
Emploi et croissance éc
Tarif de la nation la plus favorisée
5510.90.00
À compter du 5 mars 2010................6 % À compter du 1er janvier 2011...........5 % À compter du 1er janvier 2012...........4 % À compter du 1er janvier 2013...........3 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5512.11.99
À compter du 5 mars 2010..............10 % À compter du 1er janvier 2011...........8 % À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5512.19.99
À compter du 5 mars 2010................7 % À compter du 1er janvier 2011........4,5 % À compter du 1er janvier 2012...........2 % À compter du 1er janvier 2013........En fr.
5512.21.90
À compter du 5 mars 2010..............10 % À compter du 1er janvier 2011...........8 % À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5512.29.99
À compter du 5 mars 2010..............10 % À compter du 1er janvier 2011...........8 % À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5512.91.90
À compter du 5 mars 2010..............10 % À compter du 1er janvier 2011...........8 % À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5512.99.99
À compter du 5 mars 2010..............10 % À compter du 1er janvier 2011...........8 % À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5513.11.99
À compter du 5 mars 2010..............10 % À compter du 1er janvier 2011...........8 % À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5513.12.99
À compter du 5 mars 2010..............10 % À compter du 1er janvier 2011...........8 % À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
846 Numéro tarifaire
C. 12
Jobs and Economic G
Tarif de la nation la plus favorisée
5513.13.99
À compter du 5 mars 2010..............10 % À compter du 1er janvier 2011...........8 % À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5513.19.00
À compter du 5 mars 2010................7 % À compter du 1er janvier 2011........4,5 % À compter du 1er janvier 2012...........2 % À compter du 1er janvier 2013........En fr.
5513.21.00
À compter du 5 mars 2010................7 % À compter du 1er janvier 2011........4,5 % À compter du 1er janvier 2012...........2 % À compter du 1er janvier 2013........En fr.
5513.23.19
À compter du 5 mars 2010................7 % À compter du 1er janvier 2011........4,5 % À compter du 1er janvier 2012...........2 % À compter du 1er janvier 2013........En fr.
5513.23.99
À compter du 5 mars 2010..............10 % À compter du 1er janvier 2011...........8 % À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5513.29.90
À compter du 5 mars 2010................7 % À compter du 1er janvier 2011........4,5 % À compter du 1er janvier 2012...........2 % À compter du 1er janvier 2013........En fr.
5513.31.90
À compter du 5 mars 2010..............10 % À compter du 1er janvier 2011...........8 % À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5513.39.19
À compter du 5 mars 2010..............10 % À compter du 1er janvier 2011...........8 % À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5513.39.99
À compter du 5 mars 2010..............10 % À compter du 1er janvier 2011...........8 % À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5513.41.90
À compter du 5 mars 2010................7 % À compter du 1er janvier 2011........4,5 % À compter du 1er janvier 2012...........2 % À compter du 1er janvier 2013........En fr. .
2010 Numéro tarifaire
Emploi et croissance éc
Tarif de la nation la plus favorisée
.
5513.49.90
À compter du 5 mars 2010................7 % À compter du 1er janvier 2011........4,5 % À compter du 1er janvier 2012...........2 % À compter du 1er janvier 2013........En fr.
5514.11.99
À compter du 5 mars 2010................7 % À compter du 1er janvier 2011........4,5 % À compter du 1er janvier 2012...........2 % À compter du 1er janvier 2013........En fr.
5514.12.90
À compter du 5 mars 2010................7 % À compter du 1er janvier 2011........4,5 % À compter du 1er janvier 2012...........2 % À compter du 1er janvier 2013........En fr.
5514.19.90
À compter du 5 mars 2010................7 % À compter du 1er janvier 2011........4,5 % À compter du 1er janvier 2012...........2 % À compter du 1er janvier 2013........En fr.
5514.21.00
À compter du 5 mars 2010................7 % À compter du 1er janvier 2011........4,5 % À compter du 1er janvier 2012...........2 % À compter du 1er janvier 2013........En fr.
5514.22.90
À compter du 5 mars 2010................7 % À compter du 1er janvier 2011........4,5 % À compter du 1er janvier 2012...........2 % À compter du 1er janvier 2013........En fr.
5514.23.90
À compter du 5 mars 2010..............10 % À compter du 1er janvier 2011...........8 % À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5514.29.90
À compter du 5 mars 2010................7 % À compter du 1er janvier 2011........4,5 % À compter du 1er janvier 2012...........2 % À compter du 1er janvier 2013........En fr.
5514.30.99
À compter du 5 mars 2010................7 % À compter du 1er janvier 2011........4,5 % À compter du 1er janvier 2012...........2 % À compter du 1er janvier 2013........En fr.
5514.41.00
À compter du 5 mars 2010................7 % À compter du 1er janvier 2011........4,5 % À compter du 1er janvier 2012...........2 % À compter du 1er janvier 2013........En fr.
5514.42.00
À compter du 5 mars 2010..............10 % À compter du 1er janvier 2011...........8 % À compter du 1er janvier 2012...........6 %
848 Numéro tarifaire
C. 12
Jobs and Economic G
Tarif de la nation la plus favorisée À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5514.43.90
À compter du 5 mars 2010..............10 % À compter du 1er janvier 2011...........8 % À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5514.49.90
À compter du 5 mars 2010..............10 % À compter du 1er janvier 2011...........8 % À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5515.11.90
À compter du 5 mars 2010................7 % À compter du 1er janvier 2011........4,5 % À compter du 1er janvier 2012...........2 % À compter du 1er janvier 2013........En fr.
5515.12.90
À compter du 5 mars 2010................7 % À compter du 1er janvier 2011........4,5 % À compter du 1er janvier 2012...........2 % À compter du 1er janvier 2013........En fr.
5515.13.99
À compter du 5 mars 2010.............En fr.
5515.19.90
À compter du 5 mars 2010..............10 % À compter du 1er janvier 2011...........8 % À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5515.21.90
À compter du 5 mars 2010..............10 % À compter du 1er janvier 2011...........8 % À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5515.22.00
À compter du 5 mars 2010.............En fr.
5515.29.90
À compter du 5 mars 2010..............10 % À compter du 1er janvier 2011...........8 % À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5515.91.90
À compter du 5 mars 2010..............10 % À compter du 1er janvier 2011...........8 % À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
2010 Numéro tarifaire
Emploi et croissance éc
Tarif de la nation la plus favorisée
5515.99.19
À compter du 5 mars 2010.............10 %. À compter du 1er janvier 2011...........8 % À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5515.99.99
À compter du 5 mars 2010..............10 % À compter du 1er janvier 2011...........8 % À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5516.11.90
À compter du 5 mars 2010................7 % À compter du 1er janvier 2011........4,5 % À compter du 1er janvier 2012...........2 % À compter du 1er janvier 2013........En fr.
5516.12.99
À compter du 5 mars 2010..............10 % À compter du 1er janvier 2011...........8 % À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5516.13.90
À compter du 5 mars 2010..............10 % À compter du 1er janvier 2011...........8 % À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5516.14.90
À compter du 5 mars 2010................7 % À compter du 1er janvier 2011........4,5 % À compter du 1er janvier 2012...........2 % À compter du 1er janvier 2013........En fr.
5516.21.99
À compter du 5 mars 2010................7 % À compter du 1er janvier 2011........4,5 % À compter du 1er janvier 2012...........2 % À compter du 1er janvier 2013........En fr.
5516.22.90
À compter du 5 mars 2010................7 % À compter du 1er janvier 2011........4,5 % À compter du 1er janvier 2012...........2 % À compter du 1er janvier 2013........En fr.
5516.23.99
À compter du 5 mars 2010..............10 % À compter du 1er janvier 2011...........8 % À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
850 Numéro tarifaire
C. 12
Jobs and Economic G
Tarif de la nation la plus favorisée
5516.24.90
À compter du 5 mars 2010................7 % À compter du 1er janvier 2011........4,5 % À compter du 1er janvier 2012...........2 % À compter du 1er janvier 2013........En fr.
5516.31.00
À compter du 5 mars 2010.............En fr.
5516.32.00
À compter du 5 mars 2010.............En fr.
5516.33.00
À compter du 5 mars 2010.............En fr.
5516.34.00
À compter du 5 mars 2010.............En fr.
5516.41.00
À compter du 5 mars 2010................7 % À compter du 1er janvier 2011........4,5 % À compter du 1er janvier 2012...........2 % À compter du 1er janvier 2013........En fr.
5516.42.00
À compter du 5 mars 2010................7 % À compter du 1er janvier 2011........4,5 % À compter du 1er janvier 2012...........2 % À compter du 1er janvier 2013........En fr.
5516.43.00
À compter du 5 mars 2010................7 % À compter du 1er janvier 2011........4,5 % À compter du 1er janvier 2012...........2 % À compter du 1er janvier 2013........En fr.
5516.44.00
À compter du 5 mars 2010................7 % À compter du 1er janvier 2011........4,5 % À compter du 1er janvier 2012...........2 % À compter du 1er janvier 2013........En fr.
5516.91.99
À compter du 5 mars 2010................7 % À compter du 1er janvier 2011........4,5 % À compter du 1er janvier 2012...........2 % À compter du 1er janvier 2013........En fr.
5516.92.90
À compter du 5 mars 2010................7 % À compter du 1er janvier 2011........4,5 % À compter du 1er janvier 2012...........2 % À compter du 1er janvier 2013........En fr.
5516.94.90
À compter du 5 mars 2010..............10 % À compter du 1er janvier 2011...........8 % À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5601.21.29
À compter du 5 mars 2010................3 % À compter du 1er janvier 2011...........2 % À compter du 1er janvier 2012........En fr.
5601.29.90
À compter du 5 mars 2010................3 % À compter du 1er janvier 2011...........2 % À compter du 1er janvier 2012........En fr.
2010 Numéro tarifaire
Emploi et croissance éc
Tarif de la nation la plus favorisée
5602.10.90
À compter du 5 mars 2010..............10 % À compter du 1er janvier 2011...........8 % À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5602.21.99
À compter du 5 mars 2010..............10 % À compter du 1er janvier 2011...........8 % À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5602.29.00
À compter du 5 mars 2010..............10 % À compter du 1er janvier 2011...........8 % À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5602.90.90
À compter du 5 mars 2010..............10 % À compter du 1er janvier 2011...........8 % À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5603.11.30
À compter du 5 mars 2010.............En fr.
5603.11.40
À compter du 5 mars 2010.............En fr.
5603.11.50
À compter du 5 mars 2010.............En fr.
5603.11.99
À compter du 5 mars 2010.............En fr.
5603.12.30
À compter du 5 mars 2010.............En fr.
5603.12.40
À compter du 5 mars 2010.............En fr.
5603.12.50
À compter du 5 mars 2010.............En fr.
5603.12.99
À compter du 5 mars 2010.............En fr.
5603.13.30
À compter du 5 mars 2010.............En fr.
5603.13.40
À compter du 5 mars 2010.............En fr.
5603.13.50
À compter du 5 mars 2010.............En fr.
5603.13.99
À compter du 5 mars 2010.............En fr.
5603.14.30
À compter du 5 mars 2010.............En fr.
5603.14.40
À compter du 5 mars 2010.............En fr.
5603.14.50
À compter du 5 mars 2010.............En fr.
5603.14.99
À compter du 5 mars 2010.............En fr.
C. 12
Jobs and Economic G
Numéro tarifaire
Tarif de la nation la plus favorisée
5603.91.50
À compter du 5 mars 2010.............En fr.
5603.91.90
À compter du 5 mars 2010.............En fr.
5603.92.60
À compter du 5 mars 2010.............En fr.
5603.92.99
À compter du 5 mars 2010.............En fr.
5603.93.60
À compter du 5 mars 2010.............En fr.
5603.93.90
À compter du 5 mars 2010.............En fr.
5603.94.50
À compter du 5 mars 2010.............En fr.
5603.94.90
À compter du 5 mars 2010.............En fr.
5604.90.10
À compter du 5 mars 2010................6 % À compter du 1er janvier 2011...........5 % À compter du 1er janvier 2012...........4 % À compter du 1er janvier 2013...........3 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5606.00.90
À compter du 5 mars 2010.............En fr.
5801.10.99
À compter du 5 mars 2010.............En fr.
5801.22.29
À compter du 5 mars 2010.............En fr.
5801.22.99
À compter du 5 mars 2010.............En fr.
5801.23.90
À compter du 5 mars 2010.............En fr.
5801.24.90
À compter du 5 mars 2010.............En fr.
5801.25.10
À compter du 5 mars 2010.............En fr.
5801.25.29
À compter du 5 mars 2010.............En fr.
5801.26.90
À compter du 5 mars 2010.............En fr.
5801.31.90
À compter du 5 mars 2010.............En fr.
5801.32.90
À compter du 5 mars 2010.............En fr.
5801.33.90
À compter du 5 mars 2010.............En fr.
5801.34.90
À compter du 5 mars 2010.............En fr.
5801.35.99
À compter du 5 mars 2010.............En fr.
5801.36.90
À compter du 5 mars 2010.............En fr.
5801.90.99
À compter du 5 mars 2010.............En fr.
5802.11.90
À compter du 5 mars 2010.............En fr.
5802.19.90
À compter du 5 mars 2010.............En fr.
5802.20.90
À compter du 5 mars 2010.............En fr.
5802.30.90
À compter du 5 mars 2010.............En fr.
5803.00.19
À compter du 5 mars 2010.............En fr.
5803.00.22
À compter du 5 mars 2010.............En fr.
5803.00.29
À compter du 5 mars 2010.............En fr.
5803.00.99
À compter du 5 mars 2010.............En fr.
Emploi et croissance éc
Numéro tarifaire
Tarif de la nation la plus favorisée
5804.10.30
À compter du 5 mars 2010.............En fr.
5804.10.90
À compter du 5 mars 2010.............En fr.
5804.21.90
À compter du 5 mars 2010.............En fr.
5804.29.90
À compter du 5 mars 2010.............En fr.
5804.30.30
À compter du 5 mars 2010.............En fr.
5804.30.90
À compter du 5 mars 2010.............En fr.
5806.10.19
À compter du 5 mars 2010.............En fr.
5806.10.99
À compter du 5 mars 2010.............En fr.
5806.20.90
À compter du 5 mars 2010.............En fr.
5806.31.40
À compter du 5 mars 2010.............En fr.
5806.31.50
À compter du 5 mars 2010.............En fr.
5806.31.90
À compter du 5 mars 2010.............En fr.
5806.32.99
À compter du 5 mars 2010.............En fr.
5806.39.99
À compter du 5 mars 2010.............En fr.
5806.40.90
À compter du 5 mars 2010.............En fr.
5807.10.19
À compter du 5 mars 2010.............En fr.
5807.10.29
À compter du 5 mars 2010.............En fr.
5807.90.90
À compter du 5 mars 2010.............En fr.
5808.10.90
À compter du 5 mars 2010.............En fr.
5808.90.90
À compter du 5 mars 2010.............En fr.
5809.00.90
À compter du 5 mars 2010.............En fr.
5810.10.90
À compter du 5 mars 2010.............En fr.
5810.91.30
À compter du 5 mars 2010.............En fr.
5810.91.90
À compter du 5 mars 2010.............En fr.
5810.92.90
À compter du 5 mars 2010.............En fr.
5810.99.90
À compter du 5 mars 2010.............En fr.
5811.00.10
À compter du 5 mars 2010..............10 % À compter du 1er janvier 2011...........8 % À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5811.00.29
À compter du 5 mars 2010..............10 % À compter du 1er janvier 2011...........8 % À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5811.00.90
À compter du 5 mars 2010..............10 %
854 Numéro tarifaire
C. 12
Jobs and Economic G
Tarif de la nation la plus favorisée À compter du 1er janvier 2011...........8 % À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5901.10.90
À compter du 5 mars 2010..............10 % À compter du 1er janvier 2011...........8 % À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5901.90.90
À compter du 5 mars 2010..............10 % À compter du 1er janvier 2011...........8 % À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5902.10.00
À compter du 5 mars 2010................6 % À compter du 1er janvier 2011...........5 % À compter du 1er janvier 2012...........4 % À compter du 1er janvier 2013...........3 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5902.20.00
À compter du 5 mars 2010................6 % À compter du 1er janvier 2011...........5 % À compter du 1er janvier 2012...........4 % À compter du 1er janvier 2013...........3 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5902.90.00
À compter du 5 mars 2010................6 % À compter du 1er janvier 2011...........5 % À compter du 1er janvier 2012...........4 % À compter du 1er janvier 2013...........3 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5903.10.19
À compter du 5 mars 2010..............10 % À compter du 1er janvier 2011...........8 % À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5903.10.29
À compter du 5 mars 2010..............10 % À compter du 1er janvier 2011...........8 % À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
2010 Numéro tarifaire
Emploi et croissance éc
Tarif de la nation la plus favorisée
5903.20.19
À compter du 5 mars 2010..............10 % À compter du 1er janvier 2011...........8 % À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5903.20.23
À compter du 5 mars 2010................8 % À compter du 1er janvier 2011........6,5 % À compter du 1er janvier 2012...........5 % À compter du 1er janvier 2013........3,5 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5903.20.29
À compter du 5 mars 2010..............10 % À compter du 1er janvier 2011...........8 % À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5903.90.10
À compter du 5 mars 2010..............10 % À compter du 1er janvier 2011...........8 % À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5903.90.29
À compter du 5 mars 2010..............10 % À compter du 1er janvier 2011...........8 % À compter du 1er janvier 2012...........6 %
856 Numéro tarifaire
C. 12
Jobs and Economic G
Tarif de la nation la plus favorisée À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5906.10.90
À compter du 5 mars 2010..............10 % À compter du 1er janvier 2011...........8 % À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5906.91.99
À compter du 5 mars 2010..............10 % À compter du 1er janvier 2011...........8 % À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5906.99.19
À compter du 5 mars 2010..............10 % À compter du 1er janvier 2011...........8 % À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5906.99.22
À compter du 5 mars 2010................8 % À compter du 1er janvier 2011........6,5 % À compter du 1er janvier 2012...........5 % À compter du 1er janvier 2013........3,5 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5906.99.29
À compter du 5 mars 2010..............10 % À compter du 1er janvier 2011...........8 % À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5907.00.13
À compter du 5 mars 2010................6 % À compter du 1er janvier 2011...........5 % À compter du 1er janvier 2012...........4 % À compter du 1er janvier 2013...........3 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5907.00.18
À compter du 5 mars 2010..............10 % À compter du 1er janvier 2011...........8 % À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5907.00.19
À compter du 5 mars 2010..............10 % À compter du 1er janvier 2011...........8 %
2010 Numéro tarifaire
Emploi et croissance éc
Tarif de la nation la plus favorisée À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5909.00.90
À compter du 5 mars 2010..............10 % À compter du 1er janvier 2011...........8 % À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5910.00.19
À compter du 5 mars 2010................7 % À compter du 1er janvier 2011...........5 % À compter du 1er janvier 2012...........3 % À compter du 1er janvier 2013........En fr.
5910.00.90
À compter du 5 mars 2010................7 % À compter du 1er janvier 2011...........5 % À compter du 1er janvier 2012...........3 % À compter du 1er janvier 2013........En fr.
5911.10.90
À compter du 5 mars 2010..............10 % À compter du 1er janvier 2011...........8 % À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5911.20.90
À compter du 5 mars 2010..............10 % À compter du 1er janvier 2011...........8 % À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5911.31.10
À compter du 5 mars 2010................5 % À compter du 1er janvier 2011...........4 % À compter du 1er janvier 2012...........3 % À compter du 1er janvier 2013...........2 % À compter du 1er janvier 2014........En fr.
5911.32.10
À compter du 5 mars 2010................5 % À compter du 1er janvier 2011...........4 % À compter du 1er janvier 2012...........3 % À compter du 1er janvier 2013...........2 % À compter du 1er janvier 2014........En fr.
5911.40.90
À compter du 5 mars 2010..............10 % À compter du 1er janvier 2011...........8 % À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
5911.90.20
À compter du 5 mars 2010................7 % À compter du 1er janvier 2011...........5 % À compter du 1er janvier 2012...........3 % À compter du 1er janvier 2013...........2 % À compter du 1er janvier 2014........En fr.
5911.90.90
À compter du 5 mars 2010................8 %
858 Numéro tarifaire
C. 12
Jobs and Economic G
Tarif de la nation la plus favorisée À compter du 1er janvier 2011...........6 % À compter du 1er janvier 2012...........4 % À compter du 1er janvier 2013...........2 % À compter du 1er janvier 2014........En fr.
6001.10.90
À compter du 5 mars 2010..............10 % À compter du 1er janvier 2011...........8 % À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
6001.21.00
À compter du 5 mars 2010..............10 % À compter du 1er janvier 2011...........8 % À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
6001.22.90
À compter du 5 mars 2010................7 % À compter du 1er janvier 2011........4,5 % À compter du 1er janvier 2012...........2 % À compter du 1er janvier 2013........En fr.
6001.29.90
À compter du 5 mars 2010..............10 % À compter du 1er janvier 2011...........8 % À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
6001.91.00
À compter du 5 mars 2010..............10 % À compter du 1er janvier 2011...........8 % À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
6001.92.90
À compter du 5 mars 2010................7 % À compter du 1er janvier 2011........4,5 % À compter du 1er janvier 2012...........2 % À compter du 1er janvier 2013........En fr.
6001.99.90
À compter du 5 mars 2010..............10 % À compter du 1er janvier 2011...........8 % À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
6002.40.40
À compter du 5 mars 2010................8 % À compter du 1er janvier 2011........6,5 % À compter du 1er janvier 2012...........5 % À compter du 1er janvier 2013........3,5 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
6002.40.90
À compter du 5 mars 2010..............10 % À compter du 1er janvier 2011...........8 % À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 %
2010 Numéro tarifaire
Emploi et croissance éc
Tarif de la nation la plus favorisée À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
6002.90.19
À compter du 5 mars 2010................8 % À compter du 1er janvier 2011........6,5 % À compter du 1er janvier 2012...........5 % À compter du 1er janvier 2013........3,5 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
6002.90.90
À compter du 5 mars 2010..............10 % À compter du 1er janvier 2011...........8 % À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
6003.10.99
À compter du 5 mars 2010..............10 % À compter du 1er janvier 2011...........8 % À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
6003.20.40
À compter du 5 mars 2010................8 % À compter du 1er janvier 2011........6,5 % À compter du 1er janvier 2012...........5 % À compter du 1er janvier 2013........3,5 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
6003.20.90
À compter du 5 mars 2010..............10 % À compter du 1er janvier 2011...........8 % À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
6003.30.99
À compter du 5 mars 2010..............10 % À compter du 1er janvier 2011...........8 % À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
6003.40.99
À compter du 5 mars 2010..............10 % À compter du 1er janvier 2011...........8 % À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
6003.90.40
À compter du 5 mars 2010................8 % À compter du 1er janvier 2011........6,5 % À compter du 1er janvier 2012...........5 % À compter du 1er janvier 2013........3,5 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
6003.90.90
À compter du 5 mars 2010..............10 % À compter du 1er janvier 2011...........8 %
860 Numéro tarifaire
C. 12
Jobs and Economic G
Tarif de la nation la plus favorisée À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
6004.10.19
À compter du 5 mars 2010................8 % À compter du 1er janvier 2011........6,5 % À compter du 1er janvier 2012...........5 % À compter du 1er janvier 2013........3,5 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
6004.10.90
À compter du 5 mars 2010................7 % À compter du 1er janvier 2011........4,5 % À compter du 1er janvier 2012...........2 % À compter du 1er janvier 2013........En fr.
6004.90.30
À compter du 5 mars 2010................8 % À compter du 1er janvier 2011........6,5 % À compter du 1er janvier 2012...........5 % À compter du 1er janvier 2013........3,5 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
6004.90.90
À compter du 5 mars 2010..............10 % À compter du 1er janvier 2011...........8 % À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
6005.21.30
À compter du 5 mars 2010................8 % À compter du 1er janvier 2011........6,5 % À compter du 1er janvier 2012...........5 % À compter du 1er janvier 2013........3,5 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
6005.21.90
À compter du 5 mars 2010..............10 % À compter du 1er janvier 2011...........8 % À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
6005.22.30
À compter du 5 mars 2010................8 % À compter du 1er janvier 2011........6,5 % À compter du 1er janvier 2012...........5 % À compter du 1er janvier 2013........3,5 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
6005.22.90
À compter du 5 mars 2010..............10 % À compter du 1er janvier 2011...........8 % À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
6005.23.30
À compter du 5 mars 2010................8 % À compter du 1er janvier 2011........6,5 %
2010 Numéro tarifaire
Emploi et croissance éc
Tarif de la nation la plus favorisée À compter du 1er janvier 2012...........5 % À compter du 1er janvier 2013........3,5 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
6005.23.90
À compter du 5 mars 2010..............10 % À compter du 1er janvier 2011...........8 % À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
6005.24.30
À compter du 5 mars 2010................8 % À compter du 1er janvier 2011........6,5 % À compter du 1er janvier 2012...........5 % À compter du 1er janvier 2013........3,5 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
6005.24.90
À compter du 5 mars 2010..............10 % À compter du 1er janvier 2011...........8 % À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
6005.31.90
À compter du 5 mars 2010..............10 % À compter du 1er janvier 2011...........8 % À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
6005.32.90
À compter du 5 mars 2010................7 % À compter du 1er janvier 2011........4,5 % À compter du 1er janvier 2012...........2 % À compter du 1er janvier 2013........En fr.
6005.33.99
À compter du 5 mars 2010..............10 % À compter du 1er janvier 2011...........8 % À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
6005.34.90
À compter du 5 mars 2010................7 % À compter du 1er janvier 2011........4,5 % À compter du 1er janvier 2012...........2 % À compter du 1er janvier 2013........En fr.
6005.41.90
À compter du 5 mars 2010..............10 % À compter du 1er janvier 2011...........8 % À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
6005.42.90
À compter du 5 mars 2010..............10 % À compter du 1er janvier 2011...........8 % À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 %
862 Numéro tarifaire
C. 12
Jobs and Economic G
Tarif de la nation la plus favorisée À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
6005.43.99
À compter du 5 mars 2010..............10 % À compter du 1er janvier 2011...........8 % À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
6005.44.90
À compter du 5 mars 2010..............10 % À compter du 1er janvier 2011...........8 % À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
6005.90.29
À compter du 5 mars 2010..............10 % À compter du 1er janvier 2011...........8 % À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
6005.90.99
À compter du 5 mars 2010................8 % À compter du 1er janvier 2011........6,5 % À compter du 1er janvier 2012...........5 % À compter du 1er janvier 2013........3,5 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
6006.21.10
À compter du 5 mars 2010..............10 % À compter du 1er janvier 2011...........8 % À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
6006.21.90
À compter du 5 mars 2010..............10 % À compter du 1er janvier 2011...........8 % À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
6006.22.10
À compter du 5 mars 2010..............10 % À compter du 1er janvier 2011...........8 % À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
6006.22.90
À compter du 5 mars 2010................7 % À compter du 1er janvier 2011........4,5 % À compter du 1er janvier 2012...........2 % À compter du 1er janvier 2013........En fr.
6006.23.29
À compter du 5 mars 2010..............10 % À compter du 1er janvier 2011...........8 % À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 %
2010 Numéro tarifaire
Emploi et croissance éc
Tarif de la nation la plus favorisée À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
6006.23.90
À compter du 5 mars 2010..............10 % À compter du 1er janvier 2011...........8 % À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
6006.24.10
À compter du 5 mars 2010..............10 % À compter du 1er janvier 2011...........8 % À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
6006.24.90
À compter du 5 mars 2010..............10 % À compter du 1er janvier 2011...........8 % À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
6006.31.90
À compter du 5 mars 2010..............10 % À compter du 1er janvier 2011...........8 % À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
6006.32.90
À compter du 5 mars 2010................7 % À compter du 1er janvier 2011........4,5 % À compter du 1er janvier 2012...........2 % À compter du 1er janvier 2013........En fr.
6006.33.90
À compter du 5 mars 2010..............10 % À compter du 1er janvier 2011...........8 % À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
6006.34.90
À compter du 5 mars 2010................7 % À compter du 1er janvier 2011........4,5 % À compter du 1er janvier 2012...........2 % À compter du 1er janvier 2013........En fr.
6006.41.90
À compter du 5 mars 2010..............10 % À compter du 1er janvier 2011...........8 % À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
6006.42.90
À compter du 5 mars 2010................7 % À compter du 1er janvier 2011........4,5 % À compter du 1er janvier 2012...........2 % À compter du 1er janvier 2013........En fr.
6006.43.90
À compter du 5 mars 2010..............10 % À compter du 1er janvier 2011...........8 %
864 Numéro tarifaire
C. 12
Jobs and Economic G
Tarif de la nation la plus favorisée À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
6006.44.90
À compter du 5 mars 2010................7 % À compter du 1er janvier 2011........4,5 % À compter du 1er janvier 2012...........2 % À compter du 1er janvier 2013........En fr.
6006.90.90
À compter du 5 mars 2010..............10 % À compter du 1er janvier 2011...........8 % À compter du 1er janvier 2012...........6 % À compter du 1er janvier 2013...........4 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
6804.10.00
À compter du 5 mars 2010.............En fr.
6804.23.00
À compter du 5 mars 2010.............En fr.
6805.10.20
À compter du 5 mars 2010.............En fr.
6805.10.90
À compter du 5 mars 2010.............En fr.
6805.20.20
À compter du 5 mars 2010.............En fr.
6805.20.90
À compter du 5 mars 2010.............En fr.
6805.30.20
À compter du 5 mars 2010.............En fr.
6805.30.90
À compter du 5 mars 2010.............En fr.
6806.10.10
À compter du 5 mars 2010.............En fr.
6806.10.90
À compter du 5 mars 2010.............En fr.
6806.20.00
À compter du 5 mars 2010.............En fr.
6806.90.90
À compter du 5 mars 2010.............En fr.
6814.10.90
À compter du 5 mars 2010.............En fr.
6814.90.00
À compter du 5 mars 2010.............En fr.
6815.10.20
À compter du 5 mars 2010.............En fr.
6815.10.90
À compter du 5 mars 2010................3 % À compter du 1er janvier 2011...........2 % À compter du 1er janvier 2012........En fr.
7019.31.90
À compter du 5 mars 2010.............En fr.
7019.32.20
À compter du 5 mars 2010.............En fr.
7019.32.90
À compter du 5 mars 2010.............En fr.
7019.39.99
À compter du 5 mars 2010.............En fr.
7019.40.20
À compter du 5 mars 2010.............En fr.
7019.40.99
À compter du 5 mars 2010..............13% À compter du 1er janvier 2011......10.5% À compter du 1er janvier 2012...........8 % À compter du 1er janvier 2013........5,5 % À compter du 1er janvier 2014...........3 % À compter du 1er janvier 2015........En fr.
Emploi et croissance éc
Numéro tarifaire
Tarif de la nation la plus favorisée
7019.51.20
À compter du 5 mars 2010.............En fr.
7019.51.99
À compter du 5 mars 2010.............En fr.
7019.52.20
À compter du 5 mars 2010.............En fr.
7019.52.99
À compter du 5 mars 2010.............En fr.
7019.59.20
À compter du 5 mars 2010.............En fr.
7019.59.99
À compter du 5 mars 2010.............En fr.
7019.90.40
À compter du 5 mars 2010.............En fr.
7019.90.90
À compter du 5 mars 2010.............En fr.
7106.92.19
À compter du 5 mars 2010.............En fr.
7106.92.21
À compter du 5 mars 2010.............En fr.
7106.92.22
À compter du 5 mars 2010.............En fr.
7107.00.00
À compter du 5 mars 2010.............En fr.
7108.13.20
À compter du 5 mars 2010.............En fr.
7109.00.00
À compter du 5 mars 2010.............En fr.
7111.00.00
À compter du 5 mars 2010.............En fr.
7115.10.00
À compter du 5 mars 2010.............En fr.
7115.90.90
À compter du 5 mars 2010.............En fr.
7202.60.00
À compter du 5 mars 2010.............En fr.
7202.70.00
À compter du 5 mars 2010.............En fr.
7202.91.00
À compter du 5 mars 2010.............En fr.
7202.92.10
À compter du 5 mars 2010.............En fr.
7202.92.90
À compter du 5 mars 2010.............En fr.
7202.93.00
À compter du 5 mars 2010.............En fr.
7202.99.00
À compter du 5 mars 2010.............En fr.
7205.10.10
À compter du 5 mars 2010.............En fr.
7206.90.00
À compter du 5 mars 2010.............En fr.
7303.00.00
À compter du 5 mars 2010.............En fr.
7307.11.10
À compter du 5 mars 2010.............En fr.
7307.11.90
À compter du 5 mars 2010.............En fr.
7307.19.91
À compter du 5 mars 2010.............En fr.
7307.19.99
À compter du 5 mars 2010.............En fr.
7307.21.10
À compter du 5 mars 2010.............En fr.
7307.21.91
À compter du 5 mars 2010.............En fr.
7307.21.99
À compter du 5 mars 2010.............En fr.
7307.22.90
À compter du 5 mars 2010.............En fr.
C. 12
Jobs and Economic G
Numéro tarifaire
Tarif de la nation la plus favorisée
7307.23.10
À compter du 5 mars 2010.............En fr.
7307.23.90
À compter du 5 mars 2010.............En fr.
7307.29.91
À compter du 5 mars 2010.............En fr.
7307.29.99
À compter du 5 mars 2010.............En fr.
7307.91.19
À compter du 5 mars 2010.............En fr.
7307.91.20
À compter du 5 mars 2010.............En fr.
7307.91.90
À compter du 5 mars 2010.............En fr.
7307.92.90
À compter du 5 mars 2010.............En fr.
7307.93.10
À compter du 5 mars 2010.............En fr.
7307.99.20
À compter du 5 mars 2010.............En fr.
7307.99.91
À compter du 5 mars 2010.............En fr.
7307.99.99
À compter du 5 mars 2010.............En fr.
7309.00.90
À compter du 5 mars 2010.............En fr.
7310.10.11
À compter du 5 mars 2010.............En fr.
7310.10.19
À compter du 5 mars 2010.............En fr.
7310.10.90
À compter du 5 mars 2010.............En fr.
7310.21.00
À compter du 5 mars 2010.............En fr.
7310.29.00
À compter du 5 mars 2010.............En fr.
7311.00.90
À compter du 5 mars 2010.............En fr.
7315.12.91
À compter du 5 mars 2010.............En fr.
7315.12.99
À compter du 5 mars 2010.............En fr.
7315.81.90
À compter du 5 mars 2010.............En fr.
7315.82.91
À compter du 5 mars 2010.............En fr.
7315.82.92
À compter du 5 mars 2010.............En fr.
7315.89.91
À compter du 5 mars 2010.............En fr.
7315.89.92
À compter du 5 mars 2010.............En fr.
7315.90.91
À compter du 5 mars 2010.............En fr.
7315.90.99
À compter du 5 mars 2010.............En fr.
7318.11.00
À compter du 5 mars 2010.............En fr.
7318.12.00
À compter du 5 mars 2010.............En fr.
7318.13.90
À compter du 5 mars 2010.............En fr.
7318.14.00
À compter du 5 mars 2010.............En fr.
7318.15.90
À compter du 5 mars 2010.............En fr.
7318.16.00
À compter du 5 mars 2010.............En fr.
7318.19.00
À compter du 5 mars 2010.............En fr.
7318.21.00
À compter du 5 mars 2010.............En fr.
Emploi et croissance éc
Numéro tarifaire
Tarif de la nation la plus favorisée
7318.22.90
À compter du 5 mars 2010.............En fr.
7318.23.00
À compter du 5 mars 2010.............En fr.
7318.24.00
À compter du 5 mars 2010.............En fr.
7318.29.90
À compter du 5 mars 2010.............En fr.
7320.10.00
À compter du 5 mars 2010.............En fr.
7320.20.90
À compter du 5 mars 2010.............En fr.
7320.90.90
À compter du 5 mars 2010.............En fr.
7324.29.10
À compter du 5 mars 2010.............En fr.
7325.91.10
À compter du 5 mars 2010.............En fr.
7325.91.90
À compter du 5 mars 2010.............En fr.
7407.10.11
À compter du 5 mars 2010.............En fr.
7407.10.12
À compter du 5 mars 2010.............En fr.
7407.10.21
À compter du 5 mars 2010.............En fr.
7407.10.29
À compter du 5 mars 2010.............En fr.
7407.21.21
À compter du 5 mars 2010.............En fr.
7407.21.22
À compter du 5 mars 2010.............En fr.
7407.21.90
À compter du 5 mars 2010.............En fr.
7407.29.21
À compter du 5 mars 2010.............En fr.
7407.29.29
À compter du 5 mars 2010.............En fr.
7407.29.90
À compter du 5 mars 2010.............En fr.
7408.11.31
À compter du 5 mars 2010.............En fr.
7408.11.32
À compter du 5 mars 2010.............En fr.
7408.19.00
À compter du 5 mars 2010.............En fr.
7408.21.20
À compter du 5 mars 2010.............En fr.
7408.21.90
À compter du 5 mars 2010.............En fr.
7408.22.10
À compter du 5 mars 2010.............En fr.
7408.22.90
À compter du 5 mars 2010.............En fr.
7408.29.10
À compter du 5 mars 2010.............En fr.
7408.29.90
À compter du 5 mars 2010.............En fr.
7411.10.00
À compter du 5 mars 2010.............En fr.
7411.21.00
À compter du 5 mars 2010.............En fr.
7411.22.00
À compter du 5 mars 2010.............En fr.
C. 12
Jobs and Economic G
Numéro tarifaire
Tarif de la nation la plus favorisée
7411.29.00
À compter du 5 mars 2010.............En fr.
7412.10.00
À compter du 5 mars 2010.............En fr.
7412.20.00
À compter du 5 mars 2010.............En fr.
7413.00.00
À compter du 5 mars 2010.............En fr.
7415.10.00
À compter du 5 mars 2010.............En fr.
7415.21.00
À compter du 5 mars 2010.............En fr.
7415.29.00
À compter du 5 mars 2010.............En fr.
7415.33.90
À compter du 5 mars 2010.............En fr.
7415.39.00
À compter du 5 mars 2010.............En fr.
7603.10.00
À compter du 5 mars 2010.............En fr.
7603.20.00
À compter du 5 mars 2010.............En fr.
7604.10.12
À compter du 5 mars 2010.............En fr.
7604.10.20
À compter du 5 mars 2010.............En fr.
7604.21.00
À compter du 5 mars 2010.............En fr.
7604.29.12
À compter du 5 mars 2010.............En fr.
7604.29.20
À compter du 5 mars 2010.............En fr.
7605.19.00
À compter du 5 mars 2010.............En fr.
7605.29.00
À compter du 5 mars 2010.............En fr.
7606.11.20
À compter du 5 mars 2010.............En fr.
7606.12.90
À compter du 5 mars 2010.............En fr.
7606.91.90
À compter du 5 mars 2010.............En fr.
7606.92.90
À compter du 5 mars 2010.............En fr.
7607.11.19
À compter du 5 mars 2010.............En fr.
7607.19.90
À compter du 5 mars 2010.............En fr.
7607.20.90
À compter du 5 mars 2010.............5,5 % À compter du 1er janvier 2011........4,5 % À compter du 1er janvier 2012........3,5 % À compter du 1er janvier 2013........2,5 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
7608.10.00
À compter du 5 mars 2010.............En fr.
7609.00.00
À compter du 5 mars 2010................3 % À compter du 1er janvier 2011...........2 % À compter du 1er janvier 2012........En fr.
7611.00.90
À compter du 5 mars 2010.............En fr.
7613.00.00
À compter du 5 mars 2010.............En fr.
7614.10.00
À compter du 5 mars 2010.............En fr.
7614.90.00
À compter du 5 mars 2010.............En fr.
7616.10.90
À compter du 5 mars 2010.............En fr.
7801.10.90
À compter du 5 mars 2010.............En fr.
7801.99.00
À compter du 5 mars 2010.............En fr.
7804.11.90
À compter du 5 mars 2010.............En fr.
Emploi et croissance éc
Numéro tarifaire
Tarif de la nation la plus favorisée
7804.19.00
À compter du 5 mars 2010.............En fr.
7804.20.00
À compter du 5 mars 2010.............En fr.
7806.00.10
À compter du 5 mars 2010.............En fr.
7806.00.90
À compter du 5 mars 2010.............En fr.
8003.00.20
À compter du 5 mars 2010.............En fr.
8007.00.20
À compter du 5 mars 2010.............En fr.
8007.00.30
À compter du 5 mars 2010.............En fr.
8101.99.90
À compter du 5 mars 2010.............En fr.
8102.95.10
À compter du 5 mars 2010.............En fr.
8102.95.20
À compter du 5 mars 2010.............En fr.
8102.99.00
À compter du 5 mars 2010.............En fr.
8103.90.00
À compter du 5 mars 2010.............En fr.
8104.11.00
À compter du 5 mars 2010.............En fr.
8104.19.90
À compter du 5 mars 2010.............En fr.
8104.30.00
À compter du 5 mars 2010.............En fr.
8104.90.00
À compter du 5 mars 2010.............En fr.
8105.20.90
À compter du 5 mars 2010.............En fr.
8105.90.00
À compter du 5 mars 2010.............En fr.
8107.90.00
À compter du 5 mars 2010.............En fr.
8108.20.90
À compter du 5 mars 2010.............En fr.
8108.30.00
À compter du 5 mars 2010.............En fr.
8108.90.90
À compter du 5 mars 2010.............En fr.
8109.20.90
À compter du 5 mars 2010.............En fr.
8109.30.00
À compter du 5 mars 2010.............En fr.
8109.90.90
À compter du 5 mars 2010.............En fr.
8111.00.12
À compter du 5 mars 2010.............En fr.
8111.00.22
À compter du 5 mars 2010.............En fr.
8111.00.40
À compter du 5 mars 2010.............En fr.
8112.51.00
À compter du 5 mars 2010.............En fr.
8112.52.00
À compter du 5 mars 2010.............En fr.
8112.59.00
À compter du 5 mars 2010.............En fr.
8112.92.90
À compter du 5 mars 2010.............En fr.
8112.99.20
À compter du 5 mars 2010.............En fr.
8112.99.90
À compter du 5 mars 2010.............En fr.
8113.00.00
À compter du 5 mars 2010.............En fr.
8205.70.20
À compter du 5 mars 2010.............En fr.
8207.19.20
À compter du 5 mars 2010.............En fr.
8207.19.90
À compter du 5 mars 2010.............En fr.
8207.20.10
À compter du 5 mars 2010.............En fr.
8207.30.10
À compter du 5 mars 2010.............En fr.
C. 12
Jobs and Economic G
Numéro tarifaire
Tarif de la nation la plus favorisée
8207.40.10
À compter du 5 mars 2010.............En fr.
8207.50.90
À compter du 5 mars 2010.............En fr.
8207.60.10
À compter du 5 mars 2010.............En fr.
8207.80.10
À compter du 5 mars 2010.............En fr.
8209.00.10
À compter du 5 mars 2010.............En fr.
8209.00.92
À compter du 5 mars 2010.............En fr.
8301.20.90
À compter du 5 mars 2010.............En fr.
8301.30.00
À compter du 5 mars 2010.............En fr.
8301.40.10
À compter du 5 mars 2010.............En fr.
8301.60.00
À compter du 5 mars 2010.............En fr.
8307.10.90
À compter du 5 mars 2010.............En fr.
8307.90.00
À compter du 5 mars 2010.............En fr.
8308.10.90
À compter du 5 mars 2010.............En fr.
8308.90.90
À compter du 5 mars 2010.............En fr.
8309.10.00
À compter du 5 mars 2010.............En fr.
8309.90.90
À compter du 5 mars 2010.............En fr.
8311.10.00
À compter du 5 mars 2010.............En fr.
8311.20.00
À compter du 5 mars 2010.............En fr.
8311.30.00
À compter du 5 mars 2010.............En fr.
8311.90.90
À compter du 5 mars 2010.............En fr.
8401.10.00
À compter du 5 mars 2010.............En fr.
8401.40.00
À compter du 5 mars 2010.............En fr.
8402.11.00
À compter du 5 mars 2010................6 % À compter du 1er janvier 2011...........4 % À compter du 1er janvier 2012...........2 % À compter du 1er janvier 2013........En fr.
8402.12.00
À compter du 5 mars 2010................3 % À compter du 1er janvier 2011...........2 % À compter du 1er janvier 2012........En fr.
8402.19.00
À compter du 5 mars 2010................6 % À compter du 1er janvier 2011...........4 % À compter du 1er janvier 2012...........2 % À compter du 1er janvier 2013........En fr.
8402.20.00
À compter du 5 mars 2010.............2,5 % À compter du 1er janvier 2011...........2 % À compter du 1er janvier 2012...........2 % À compter du 1er janvier 2013...........2 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
8402.90.00
À compter du 5 mars 2010.............2,5 % À compter du 1er janvier 2011...........2 % À compter du 1er janvier 2012........En fr.
Emploi et croissance éc
Numéro tarifaire
Tarif de la nation la plus favorisée
8403.10.00
À compter du 5 mars 2010.............En fr.
8404.10.10
À compter du 5 mars 2010................4 % À compter du 1er janvier 2011...........2 % À compter du 1er janvier 2012........En fr.
8407.33.90
À compter du 5 mars 2010.............En fr.
8407.34.10
À compter du 5 mars 2010.............En fr.
8407.34.21
À compter du 5 mars 2010.............En fr.
8407.34.29
À compter du 5 mars 2010.............En fr.
8409.91.20
À compter du 5 mars 2010.............En fr.
8409.91.90
À compter du 5 mars 2010.............En fr.
8410.11.10
À compter du 5 mars 2010................8 % À compter du 1er janvier 2011........6,5 % À compter du 1er janvier 2012...........5 % À compter du 1er janvier 2013........3,5 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
8410.11.20
À compter du 5 mars 2010.............En fr.
8410.12.10
À compter du 5 mars 2010................8 % À compter du 1er janvier 2011........6,5 % À compter du 1er janvier 2012...........5 % À compter du 1er janvier 2013........3,5 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
8410.12.20
À compter du 5 mars 2010.............En fr.
8410.13.10
À compter du 5 mars 2010................8 % À compter du 1er janvier 2011........6,5 % À compter du 1er janvier 2012...........5 % À compter du 1er janvier 2013........3,5 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
8410.13.20
À compter du 5 mars 2010.............En fr.
8410.90.20
À compter du 5 mars 2010................8 % À compter du 1er janvier 2011........6,5 % À compter du 1er janvier 2012...........5 % À compter du 1er janvier 2013........3,5 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
8410.90.30
À compter du 5 mars 2010.............En fr.
8411.81.20
À compter du 5 mars 2010.............En fr.
8411.81.90
À compter du 5 mars 2010.............En fr.
8411.82.20
À compter du 5 mars 2010.............En fr.
8411.82.90
À compter du 5 mars 2010................8 % À compter du 1er janvier 2011........6,5 % À compter du 1er janvier 2012...........5 % À compter du 1er janvier 2013........3,5 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
8411.99.20
À compter du 5 mars 2010.............En fr.
872 Numéro tarifaire
C. 12
Jobs and Economic G
Tarif de la nation la plus favorisée
8413.70.99
À compter du 5 mars 2010................5 % À compter du 1er janvier 2011...........4 % À compter du 1er janvier 2012...........3 % À compter du 1er janvier 2013...........2 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
8415.20.90
À compter du 5 mars 2010.............En fr.
8415.83.10
À compter du 5 mars 2010.............En fr.
8415.90.22
À compter du 5 mars 2010.............En fr.
8415.90.29
À compter du 5 mars 2010.............En fr.
8421.23.20
À compter du 5 mars 2010.............En fr.
8421.23.90
À compter du 5 mars 2010.............En fr.
8421.31.90
À compter du 5 mars 2010.............En fr.
8436.80.91
À compter du 5 mars 2010.............En fr.
8437.10.91
À compter du 5 mars 2010.............En fr.
8437.80.10
À compter du 5 mars 2010.............En fr.
8438.20.10
À compter du 5 mars 2010.............En fr.
8438.40.10
À compter du 5 mars 2010.............En fr.
8438.60.10
À compter du 5 mars 2010.............En fr.
8443.13.20
À compter du 5 mars 2010.............En fr.
8451.80.10
À compter du 5 mars 2010.............En fr.
8457.30.00
À compter du 5 mars 2010.............En fr.
8458.11.10
À compter du 5 mars 2010.............En fr.
8458.19.10
À compter du 5 mars 2010.............En fr.
8458.91.90
À compter du 5 mars 2010.............En fr.
8459.21.10
À compter du 5 mars 2010.............En fr.
8459.29.10
À compter du 5 mars 2010.............En fr.
8459.31.10
À compter du 5 mars 2010.............En fr.
8459.39.90
À compter du 5 mars 2010.............En fr.
8459.40.10
À compter du 5 mars 2010.............En fr.
8459.61.10
À compter du 5 mars 2010.............En fr.
8460.29.10
À compter du 5 mars 2010.............En fr.
8460.90.91
À compter du 5 mars 2010.............En fr.
8461.50.11
À compter du 5 mars 2010.............En fr.
8461.50.91
À compter du 5 mars 2010.............En fr.
8462.21.91
À compter du 5 mars 2010.............En fr.
8462.29.91
À compter du 5 mars 2010.............En fr.
8462.31.10
À compter du 5 mars 2010.............En fr.
8462.39.10
À compter du 5 mars 2010.............En fr.
8462.49.21
À compter du 5 mars 2010.............En fr.
8462.91.99
À compter du 5 mars 2010.............En fr.
Emploi et croissance éc
Numéro tarifaire
Tarif de la nation la plus favorisée
8463.10.10
À compter du 5 mars 2010.............En fr.
8463.30.10
À compter du 5 mars 2010.............En fr.
8463.90.10
À compter du 5 mars 2010.............En fr.
8467.11.10
À compter du 5 mars 2010.............En fr.
8467.19.10
À compter du 5 mars 2010.............En fr.
8467.21.10
À compter du 5 mars 2010.............En fr.
8467.22.10
À compter du 5 mars 2010.............En fr.
8467.29.10
À compter du 5 mars 2010.............En fr.
8468.90.10
À compter du 5 mars 2010.............En fr.
8477.10.10
À compter du 5 mars 2010.............En fr.
8477.20.10
À compter du 5 mars 2010.............En fr.
8477.51.11
À compter du 5 mars 2010.............En fr.
8477.51.21
À compter du 5 mars 2010.............En fr.
8477.59.11
À compter du 5 mars 2010.............En fr.
8477.59.21
À compter du 5 mars 2010.............En fr.
8477.80.91
À compter du 5 mars 2010................8 % À compter du 1er janvier 2011........6,5 % À compter du 1er janvier 2012...........5 % À compter du 1er janvier 2013........3,5 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
8480.20.00
À compter du 5 mars 2010.............En fr.
8480.30.00
À compter du 5 mars 2010.............En fr.
8480.71.10
À compter du 5 mars 2010.............En fr.
8480.79.00
À compter du 5 mars 2010.............En fr.
8482.10.10
À compter du 5 mars 2010.............En fr.
8482.80.10
À compter du 5 mars 2010.............En fr.
8483.20.00
À compter du 5 mars 2010.............En fr.
8483.30.00
À compter du 5 mars 2010.............En fr.
8483.40.91
À compter du 5 mars 2010.............En fr.
8501.10.12
À compter du 5 mars 2010.............En fr.
8501.10.99
À compter du 5 mars 2010.............En fr.
8501.20.90
À compter du 5 mars 2010.............En fr.
8501.31.20
À compter du 5 mars 2010.............En fr.
8501.31.30
À compter du 5 mars 2010.............En fr.
8501.32.20
À compter du 5 mars 2010.............En fr.
8501.32.90
À compter du 5 mars 2010.............En fr.
8501.33.20
À compter du 5 mars 2010.............En fr.
8501.33.30
À compter du 5 mars 2010.............En fr.
8501.34.20
À compter du 5 mars 2010.............En fr.
8501.34.30
À compter du 5 mars 2010.............En fr.
C. 12
Jobs and Economic G
Numéro tarifaire
Tarif de la nation la plus favorisée
8501.40.22
À compter du 5 mars 2010.............En fr.
8501.40.29
À compter du 5 mars 2010.............En fr.
8501.40.39
À compter du 5 mars 2010.............En fr.
8501.51.90
À compter du 5 mars 2010.............En fr.
8501.52.20
À compter du 5 mars 2010.............En fr.
8501.53.91
À compter du 5 mars 2010.............En fr.
8501.53.99
À compter du 5 mars 2010.............En fr.
8501.61.90
À compter du 5 mars 2010.............En fr.
8501.62.90
À compter du 5 mars 2010.............En fr.
8501.63.90
À compter du 5 mars 2010.............En fr.
8501.64.91
À compter du 5 mars 2010.............En fr.
8501.64.99
À compter du 5 mars 2010.............En fr.
8502.11.90
À compter du 5 mars 2010.............En fr.
8502.12.00
À compter du 5 mars 2010.............En fr.
8502.13.00
À compter du 5 mars 2010.............En fr.
8502.20.90
À compter du 5 mars 2010.............En fr.
8502.39.10
À compter du 5 mars 2010................5 % À compter du 1er janvier 2011...........4 % À compter du 1er janvier 2012...........3 % À compter du 1er janvier 2013...........2 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
8502.40.00
À compter du 5 mars 2010.............En fr.
8506.90.90
À compter du 5 mars 2010.............En fr.
8507.10.00
À compter du 5 mars 2010.............En fr.
8507.20.10
À compter du 5 mars 2010.............En fr.
8507.30.20
À compter du 5 mars 2010.............En fr.
8507.40.10
À compter du 5 mars 2010.............En fr.
8507.80.20
À compter du 5 mars 2010.............En fr.
8507.90.90
À compter du 5 mars 2010.............En fr.
8511.10.00
À compter du 5 mars 2010.............En fr.
8511.20.00
À compter du 5 mars 2010.............En fr.
8511.30.00
À compter du 5 mars 2010.............En fr.
8511.40.90
À compter du 5 mars 2010.............En fr.
8511.50.00
À compter du 5 mars 2010.............En fr.
8511.80.90
À compter du 5 mars 2010.............En fr.
8511.90.90
À compter du 5 mars 2010.............En fr.
8516.10.20
À compter du 5 mars 2010.............En fr.
8516.80.90
À compter du 5 mars 2010.............En fr.
8528.49.11
À compter du 5 mars 2010.............En fr.
8528.49.19
À compter du 5 mars 2010.............En fr.
Emploi et croissance éc
Numéro tarifaire
Tarif de la nation la plus favorisée
8528.59.11
À compter du 5 mars 2010.............En fr.
8528.59.19
À compter du 5 mars 2010.............En fr.
8528.71.40
À compter du 5 mars 2010.............En fr.
8528.72.34
À compter du 5 mars 2010.............En fr.
8528.72.97
À compter du 5 mars 2010.............En fr.
8536.20.90
À compter du 5 mars 2010................2 % À compter du 1er janvier 2011...........2 % À compter du 1er janvier 2012........En fr.
8536.70.10
À compter du 5 mars 2010.............En fr.
8536.70.20
À compter du 5 mars 2010.............En fr.
8536.70.30
À compter du 5 mars 2010.............En fr.
8536.90.91
À compter du 5 mars 2010................4 % À compter du 1er janvier 2011...........2 % À compter du 1er janvier 2012........En fr.
8536.90.92
À compter du 5 mars 2010................2 % À compter du 1er janvier 2011...........2 % À compter du 1er janvier 2012........En fr.
8537.10.21
À compter du 5 mars 2010................2 % À compter du 1er janvier 2011...........2 % À compter du 1er janvier 2012........En fr.
8537.10.31
À compter du 5 mars 2010................2 % À compter du 1er janvier 2011...........2 % À compter du 1er janvier 2012........En fr.
8537.10.93
À compter du 5 mars 2010................2 % À compter du 1er janvier 2011...........2 % À compter du 1er janvier 2012........En fr.
8542.31.90
À compter du 5 mars 2010.............En fr.
8542.32.90
À compter du 5 mars 2010.............En fr.
8542.33.90
À compter du 5 mars 2010.............En fr.
8542.39.90
À compter du 5 mars 2010.............En fr.
8544.11.90
À compter du 5 mars 2010................3 % À compter du 1er janvier 2011...........2 % À compter du 1er janvier 2012........En fr.
8544.19.90
À compter du 5 mars 2010................3 % À compter du 1er janvier 2011...........2 % À compter du 1er janvier 2012........En fr.
8544.49.90
À compter du 5 mars 2010................3 % À compter du 1er janvier 2011........2,5 % À compter du 1er janvier 2012...........2 % À compter du 1er janvier 2013........En fr.
8544.60.91
À compter du 5 mars 2010................4 % À compter du 1er janvier 2011........3,5 % À compter du 1er janvier 2012...........3 % À compter du 1er janvier 2013........2,5 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
8544.60.99
À compter du 5 mars 2010................5 %
876 Numéro tarifaire
C. 12
Jobs and Economic G
Tarif de la nation la plus favorisée À compter du 1er janvier 2011...........4 % À compter du 1er janvier 2012...........3 % À compter du 1er janvier 2013........2,5 % À compter du 1er janvier 2014...........2 % À compter du 1er janvier 2015........En fr.
8545.19.28
À compter du 5 mars 2010.............En fr.
8545.19.29
À compter du 5 mars 2010.............En fr.
8548.90.90
À compter du 5 mars 2010.............En fr.
9001.10.90
À compter du 5 mars 2010.............En fr.
9001.20.00
À compter du 5 mars 2010.............En fr.
9013.10.00
À compter du 5 mars 2010.............En fr.
9013.20.00
À compter du 5 mars 2010.............En fr.
9013.80.90
À compter du 5 mars 2010.............En fr.
9013.90.30
À compter du 5 mars 2010.............En fr.
9015.90.10
À compter du 5 mars 2010.............En fr.
9016.00.10
À compter du 5 mars 2010.............En fr.
9016.00.90
À compter du 5 mars 2010.............En fr.
9017.90.10
À compter du 5 mars 2010.............En fr.
9017.90.90
À compter du 5 mars 2010.............En fr.
9024.10.90
À compter du 5 mars 2010.............En fr.
9024.80.90
À compter du 5 mars 2010.............En fr.
9025.90.90
À compter du 5 mars 2010.............En fr.
9028.10.00
À compter du 5 mars 2010.............En fr.
9028.20.90
À compter du 5 mars 2010.............En fr.
9028.30.00
À compter du 5 mars 2010.............En fr.
9029.20.90
À compter du 5 mars 2010.............En fr.
9029.90.20
À compter du 5 mars 2010.............En fr.
9030.10.90
À compter du 5 mars 2010.............En fr.
9030.31.10
À compter du 5 mars 2010.............En fr.
9030.33.10
À compter du 5 mars 2010.............En fr.
9030.84.10
À compter du 5 mars 2010.............En fr.
9030.89.10
À compter du 5 mars 2010.............En fr.
9031.20.90
À compter du 5 mars 2010.............En fr.
9031.49.90
À compter du 5 mars 2010.............En fr.
9031.80.90
À compter du 5 mars 2010.............En fr.
9032.89.90
À compter du 5 mars 2010.............En fr.
9033.00.90
À compter du 5 mars 2010.............En fr.
Emploi et croissance éc SCHEDULE 3 (Section 2161) SCHEDULE (Section 7.1) PROJECTS AND CLASSES OF PROJECTS
1. The proposed modification of a municipal or community building or facility for the purpose of improving energy efficiency. 2. The proposed modification of a municipal or community building, structure or facility for the purpose of repairing or preventing damage to property as a result of a natural disaster or a severe weather event. 3. The proposed installation of an intelligent transportation system and its supporting structures. 4. The proposed modification of a municipal or community facility for the collection, processing, diversion, treatment or disposal of solid waste. 5. (1) The proposed construction, installation, operation, expansion, modification or removal of a building that is only to be used for one or more of the purposes set out in subsection (2) if the project is not to be carried out within 250 m of an environmentally sensitive area. (2) The following uses are set out for the purpose of subsection (1): (a) providing residential, institutional or other accommodations; (b) providing offices, meeting rooms and related facilities; (c) providing medical or emergency facilities and services; (d) providing educational, financial or informational facilities and services; (e) providing cultural, heritage, artistic or tourism facilities and services; (f) providing recreational and sporting facilities and services; (g) providing municipal parking or maintenance facilities; and (h) presenting artistic, cultural, sporting and other community-related events.
6. The proposed construction, installation, operation, expansion or modification of a public transit facility, (a) if the project is to be carried out within 300 m of a transportation or utility right of way or on land zoned for transportation or industrial use; and (b) if the project (i) is not to be carried out within 250 m of an environmentally sensitive area, or (ii) is to be carried out within 250 m of an environmentally sensitive area and
C. 12
Jobs and Economic G
(A) complies with any law and any management plan, in relation to the environmentally sensitive area, and (B) in the case of an environmentally sensitive area protected by a federal government body, measures are in place to protect the area and the project has a total cost, other than the cost of land, below $10 million. 7. The proposed construction, installation, operation, expansion or modification of a bus rapid transit system, (a) if the project is to be carried out within 300 m of a transportation or utility right of way or on land zoned for transportation or industrial use; and (b) if the project (i) is not to be carried out within 250 m of an environmentally sensitive area, or (ii) is to be carried out within 250 m of an environmentally sensitive area and (A) complies with any law and any management plan, in relation to the environmentally sensitive area, and (B) in the case of an environmentally sensitive area protected by a federal government body, measures are in place to protect the area and the project has a total cost, other than the cost of land, below $10 million. 8. The proposed expansion or modification of a public transit or railway system, (a) if the project is to be carried out within 300 m of a transportation or utility right of way or on land zoned for transportation or industrial use; and (b) if the project (i) is not to be carried out within 250 m of an environmentally sensitive area, or (ii) is to be carried out within 250 m of an environmentally sensitive area and (A) complies with any law and any management plan, in relation to the environmentally sensitive area, and (B) in the case of an environmentally sensitive area protected by a federal government body, measures are in place to protect the area and the project has a total cost, other than the cost of land, below $10 million. 9. The proposed construction, installation, operation, expansion or modification of an overpass, a grade separation, a road intersection or a highway interchange (a) if the project is to be carried out within 300 m of a transportation or utility right of way or on land zoned for transportation or industrial use; and (b) if the project (i) is not to be carried out within 250 m of an environmentally sensitive area, or
Emploi et croissance éc
(ii) is to be carried out within 250 m of an environmentally sensitive area and (A) complies with any law and any management plan, in relation to the environmentally sensitive area, and (B) in the case of an environmentally sensitive area protected by a federal government body, measures are in place to protect the area and the project has a total cost, other than the cost of land, below $10 million. 10. The proposed modification or widening of a road or public highway, (a) if the project does not involve the addition of more than two lanes; (b) if the project is to be carried out within 300 m of a transportation or utility right of way or on land zoned for transportation or industrial use; and (c) if the project (i) is not to be carried out within 250 m of an environmentally sensitive area, or (ii) is to be carried out within 250 m of an environmentally sensitive area and (A) complies with any law and any management plan, in relation to the environmentally sensitive area, and (B) in the case of an environmentally sensitive area protected by a federal government body, measures are in place to protect the area and the project has a total cost, other than the cost of land, below $10 million. 11. The proposed modification or widening of a bridge, including the bridge approaches, (a) if the project does not involve the addition of more than two lanes; (b) if the project is not to be carried out in a water body; and (c) if the project (i) is not to be carried out within 250 m of an environmentally sensitive area, or (ii) is to be carried out within 250 m of an environmentally sensitive area and (A) complies with any law and any management plan, in relation to the environmentally sensitive area, and (B) in the case of an environmentally sensitive area protected by a federal government body, measures are in place to protect the area and the project has a total cost, other than the cost of land, below $10 million. 12. The proposed construction, installation, operation, expansion, modification or removal of a facility for the treatment of potable water and related distribution systems, (a) if the project does not involve a dam, dyke or reservoir other than a reservoir for the storage of treated water;
C. 12
Jobs and Economic G
(b) if the project does not involve the extraction of ground water; and (c) if the project (i) is not to be carried out within 250 m of an environmentally sensitive area, or (ii) is to be carried out within 250 m of an environmentally sensitive area and (A) complies with any law and any management plan, in relation to the environmentally sensitive area, and (B) in the case of an environmentally sensitive area protected by a federal government body, measures are in place to protect the area and the project has a total cost, other than the cost of land, below $10 million. 13. The proposed construction, installation, operation, expansion, modification or removal of a municipal or community facility for the collection or treatment of wastewater and stormwater (a) if the project is not to be carried out within 250 m of an environmentally sensitive area; or (b) if the project is to be carried out within 250 m of an environmentally sensitive area and (i) complies with any law and any management plan, in relation to the environmentally sensitive area, and (ii) in the case of an environmentally sensitive area protected by a federal government body, measures are in place to protect the area and the project has a total cost, other than the cost of land, below $10 million. 14. The proposed construction, installation, operation, expansion or modification of an outdoor pool or rink, sports field or court, community park, recreational trail or bicycle path (a) if the project is not to be carried out within 250 m of an environmentally sensitive area; or (b) if the project is to be carried out within 250 m of an environmentally sensitive area and (i) complies with any law and any management plan, in relation to the environmentally sensitive area, and (ii) in the case of an environmentally sensitive area protected by a federal government body, measures are in place to protect the area and the project has a total cost, other than the cost of land, below $10 million.
Published under authority of the Speaker of the House of Commons Available from : Publishing and Depository Services Public Works and Government Services Canada Ottawa, Ontario K1A 0S5 Telephone: 613-941-5995 or 1-800-635-7943 Fax: 613-954-5779 or 1-800-565-7757 publications@tpsgc-pwgsc.gc.ca http://publications.gc.ca
Also available on the Parliament of Can Aussi disponible sur le site Web du Par http://www Available from: Publishing and Depository Services Public Works and Government Services Canada Ottawa, Ontario K1A 0S5 Telephone: 613-941-5995 or 1-800-635-7943 Fax: 613-954-5779 or 1-800-565-7757 publications@pwgsc.gc.ca http://publications.gc.ca
|
Third Session, Fortieth Parliament, 59 Elizabeth II, 2010
STATUTES OF CANADA 2010
CHAPTER 5 An Act to amend the Criminal Records Act
ASSENTED TO 29th JUNE, 2010 BILL C-23A
SUMMARY This enactment amends the Criminal Records Act to extend the ineligibility periods for certain applications for a pardon. It also enables the National Parole Board to consider additional factors when deciding whether to grant a pardon for certain offences.
Also available on the Parliament of Canada Web Site at the following address: http://www.parl.gc.ca
59 ELIZABETH II —————— CHAPTER 5 An Act to amend the Criminal Records Act [Assented to 29th June, 2010] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: SHORT TITLE Short title
1. This Act may be cited as the Limiting Pardons for Serious Crimes Act.
R.S., c. C-47
CRIMINAL RECORDS ACT
1992, c. 22, s. 4(1); 2000, c. 1, s. 1(F)
2. Section 4 of the Criminal Records Act is replaced by the following:
Restrictions on application for pardon
4. A person is ineligible to apply for a pardon until the following period has elapsed after the expiration according to law of any sentence, including a sentence of imprisonment, a period of probation and the payment of any fine, imposed for an offence: (a) 10 years, in the case of a serious personal injury offence within the meaning of section 752 of the Criminal Code, including manslaughter, for which the applicant was sentenced to imprisonment for a period of two years or more or an offence referred to in Schedule 1 that was prosecuted by indictment, or five years in the case of any other offence prosecuted by indictment, an offence referred to in Schedule 1 that is punishable on summary conviction or an offence that is a service offence within the meaning of the National Defence Act for which the offender was punished by a fine of more than two thousand dollars, detention for more than six
C. 5
Criminal
months, dismissal from Her Majesty’s service, imprisonment for more than six months or a punishment that is greater than imprisonment for less than two years in the scale of punishments set out in subsection 139(1) of that Act; or (b) three years, in the case of an offence, other than one referred to in paragraph (a), that is punishable on summary conviction or that is a service offence within the meaning of the National Defence Act.
1992, c. 22, s. 4(1)
3. Section 4.1 of the Act is replaced by the following:
Pardon
4.1 (1) The Board may grant a pardon for an offence if the Board is satisfied that (a) the applicant, during the applicable period referred to in section 4, has been of good conduct and has not been convicted of an offence under an Act of Parliament; and (b) in the case of an offence referred to in paragraph 4(a), granting the pardon at that time would provide a measurable benefit to the applicant, would sustain his or her rehabilitation in society as a law-abiding citizen and would not bring the administration of justice into disrepute.
Onus on applicant
(2) In the case of an offence referred to in paragraph 4(a), the applicant has the onus of satisfying the Board that the pardon would provide a measurable benefit to the applicant and would sustain his or her rehabilitation in society as a law-abiding citizen.
Factors
(3) In determining whether granting the pardon would bring the administration of justice into disrepute, the Board may consider (a) the nature, gravity and duration of the offence; (b) the circumstances surrounding the commission of the offence;
Casier ju (c) information relating to the applicant’s criminal history and, in the case of a service offence within the meaning of the National Defence Act, to any service offence history of the applicant that is relevant to the application; and (d) any factor that is prescribed by regulation.
1992, c. 22, s. 4(1); 2000, c. 1, s. 2
4. Subsections 4.2(1) and (2) of the Act are replaced by the following:
Inquiries
4.2 (1) On receipt of an application for a pardon, the Board (a) shall cause inquiries to be made to ascertain the applicant’s conduct since the date of the conviction; and (b) may, in the case of an offence referred to in paragraph 4(a), cause inquiries to be made with respect to any factors that it may consider in determining whether granting the pardon would bring the administration of justice into disrepute.
Entitlement to make representations
(2) If the Board proposes to refuse to grant a pardon, it shall notify in writing the applicant of its proposal and advise the applicant that he or she is entitled to make, or have made on his or her behalf, any representations to the Board that he or she believes relevant either in writing or, with the Board’s authorization, orally at a hearing held for that purpose. 5. Paragraph 5(a) of the Act is replaced by the following: (a) is evidence of the fact that (i) the Board, after making inquiries, was satisfied that the applicant for the pardon was of good conduct, and (ii) the conviction in respect of which the pardon is granted should no longer reflect adversely on the applicant’s character; and
2000, c. 1, s. 6
6. (1) Subsection 6.3(2) of the Act is replaced by the following:
Notation of records
(2) The Commissioner shall make, in the automated criminal conviction records retrieval system maintained by the Royal Canadian Mounted Police, a notation enabling a member
C. 5
Criminal
of a police force or other authorized body to determine whether there is a record of an individual’s conviction for an offence listed in Schedule 2 in respect of which a pardon has been granted. 2000, c. 1, s. 6
(2) Subsection 6.3(9) of the Act is replaced by the following:
Amendment of schedule
(9) The Governor in Council may, by order, amend Schedule 1 or 2 by adding or deleting a reference to an offence. 6.1 Subparagraph 7.2(a)(iii) of the English version of the Act is replaced by the following: (iii) a service offence referred to in paragraph 4(a); or 7. Section 9.1 of the Act is amended by striking out “and” at the end of paragraph (c) and by adding the following after paragraph (c): (c.1) prescribing factors for the purposes of paragraph 4.1(3)(d); and 7.1 In the English version of the Act, the words “granted or issued” are replaced by the word “granted” in the following provisions: (a) the definition “pardon” in subsection 2(1); (b) subsections 6(1) and (2); (c) section 6.4; (d) section 7; (e) subsection 7.1(1); (f) the portion of section 7.2 before paragraph (a); and (g) section 8. 7.2 In section 2.1 of the English version of the Act, the words “grant or issue” are replaced by the word “grant”. 7.3 In the French version of the Act, the words “octroyée ou délivrée” are replaced by the word “octroyée” in the following provisions: (a) the definition “réhabilitation” in subsection 2(1);
Casier ju (b) paragraph 7.2(b). 7.4 In section 6.4 of the French version of the Act, the words “octroyé ou délivré” are replaced by the word “octroyé”. 7.5 In section 2.1 of the French version of the Act, the expression “d’octroi, de délivrance” is replaced by the expression “d’octroi”. 8. The schedule to the Act is renumbered as Schedule 2. 9. The Act is amended by adding, before Schedule 2, the Schedule 1 set out in the schedule to this Act. TRANSITIONAL PROVISIONS
New applications for pardons
10. Subject to section 11, an application for a pardon under the Criminal Records Act in respect of an offence that is referred to in paragraph 4(a) of that Act, as it read immediately before the day on which this Act comes into force, and that is committed before that day shall be dealt with and disposed of in accordance with the Criminal Records Act, as amended by this Act.
Pending applications — Criminal Records Act
11. An application for a pardon under the Criminal Records Act that is made before the day on which this Act comes into force shall be dealt with and disposed of in accordance with the Criminal Records Act, as it read when the Board received the application, if the application (a) is made after the period referred to in paragraph 4(a) of that Act, as it read immediately before the day on which this Act comes into force, has elapsed; and (b) is not finally disposed of on the day on which this Act comes into force.
C. 5
SCHEDULE (Section 9) SCHEDULE 1 (Section 4 and subsection 6.3(9)) 1. Offences (a) under the following provisions of the Criminal Code: (i) section 151 (sexual interference with a person under 16), (ii) section 152 (invitation to a person under 16 to sexual touching), (iii) section 153 (sexual exploitation of a person 16 or more but under 18), (iv) subsection 160(3) (bestiality in the presence of a person under 16 or inciting a person under 16 to commit bestiality), (v) section 163.1 (child pornography), (vi) section 170 (parent or guardian procuring sexual activity), (vii) section 171 (householder permitting sexual activity), (viii) section 172 (corrupting children), (ix) section 172.1 (luring a child), (x) subsection 173(2) (exposure), (xi) subsection 212(2) (living on avails of prostitution of a person under 18), (xii) subsection 212(2.1) (aggravated offence — living on avails of prostitution of a person under 18), (xiii) subsection 212(4) (obtain, or attempt to obtain, sexual services of a person under 18), (xiv) paragraph 273.3(1)(a) (removal of child under 16 from Canada for purposes of listed offences), (xv) paragraph 273.3(1)(b) (removal of child 16 or more but under 18 from Canada for purpose of listed offence), (xvi) paragraph 273.3(1)(c) (removal of child under 18 from Canada for purposes of listed offences), (xvii) paragraph 348(1)(a) with respect to breaking and entering a place with intent to commit in that place an indictable offence listed in any of subparagraphs (i) to (xvi), and (xviii) paragraph 348(1)(b) with respect to breaking and entering a place and committing in that place an indictable offence listed in any of subparagraphs (i) to (xvi); (b) under the following provisions of the Criminal Code, R.S.C. 1970, c. C-34, as that Act read before January 1, 1988: (i) section 166 (parent or guardian procuring defilement), and (ii) section 167 (householder permitting defilement); (c) that are referred to in paragraph (a) and that are punishable under section 130 of the National Defence Act;
2010 (d) that are referred to in paragraph (b) and that are punishable under section 120 of the National Defence Act, R.S.C. 1970, c. N-4; and (e) of attempt or conspiracy to commit an offence referred to in any of paragraphs (a) to (d).
2. Offences (a) involving a child under the following provisions of the Criminal Code: (i) section 153.1 (sexual exploitation of a person with a disability), (ii) section 155 (incest), (iii) section 162 (voyeurism), (iv) paragraph 163(1)(a) (obscene materials), (v) paragraph 163(2)(a) (obscene materials), (vi) section 168 (mailing obscene matter), (vii) subsection 173(1) (indecent acts), (viii) section 271 (sexual assault), (ix) subsection 272(1) and paragraph 272(2)(a) (sexual assault with firearm), (x) subsection 272(1) and paragraph 272(2)(b) (sexual assault other than with firearm), (xi) section 273 (aggravated sexual assault), (xii) paragraph 348(1)(a) with respect to breaking and entering a place with intent to commit in that place an indictable offence listed in any of subparagraphs (i) to (xi), and (xiii) paragraph 348(1)(b) with respect to breaking and entering a place and committing in that place an indictable offence listed in any of subparagraphs (i) to (xi); (b) involving a child under the following provisions of the Criminal Code, R.S.C. 1970, c. C-34, as that Act read before January 1, 1988: (i) section 153 (sexual intercourse with stepdaughter, etc., or female employee), and (ii) section 157 (gross indecency); (c) involving a child under the following provisions of the Criminal Code, R.S.C. 1970, c. C-34, as that Act read before January 4, 1983: (i) section 144 (rape), (ii) section 145 (attempt to commit rape), (iii) section 149 (indecent assault on female), (iv) section 156 (indecent assault on male), (v) section 245 (common assault), and (vi) subsection 246(1) (assault with intent to commit an indictable offence);
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(d) that are referred to in paragraph (a) and that are punishable under section 130 of the National Defence Act; (e) that are referred to in paragraph (b) or (c) and that are punishable under section 120 of the National Defence Act, R.S.C. 1970, c. N-4; and (f) of attempt or conspiracy to commit an offence referred to in any of paragraphs (a) to (e). 3. Offences (a) under the following provisions of the Criminal Code, R.S.C. 1970, c. C-34, as that Act read before January 1, 1988: (i) subsection 146(1) (sexual intercourse with a female under 14), (ii) subsection 146(2) (sexual intercourse with a female 14 or more but under 16), and (iii) section 151 (seduction of a female 16 or more but under 18); (b) that are referred to in paragraph (a) and that are punishable under section 120 of the National Defence Act, R.S.C. 1970, c. N-4; and (c) of attempt or conspiracy to commit an offence referred to in paragraph (a) or (b).
Published under authority of the Speaker of the House of Commons Available from: Publishing and Depository Services Public Works and Government Services Canada Ottawa, Ontario K1A 0S5 Telephone: 613-941-5995 or 1-800-635-7943 Fax: 613-954-5779 or 1-800-565-7757 publications@tpsgc-pwgsc.gc.ca http://publications.gc.ca
Also available on the Parliament of Can Aussi disponible sur le site Web du Par http://www Available from: Publishing and Depository Services Public Works and Government Services Canada Ottawa, Ontario K1A 0S5 Telephone: 613-941-5995 or 1-800-635-7943 Fax: 613-954-5779 or 1-800-565-7757 publications@pwgsc.gc.ca http://publications.gc.ca
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Third Session, Fortieth Parliament, 59 Elizabeth II, 2010
STATUTES OF CANADA 2010
CHAPTER 15 An Act to implement conventions and protocols concluded between Canada and Colombia, Greece and Turkey for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income
ASSENTED TO 15th DECEMBER, 2010 BILL S-3
SUMMARY This enactment implements the most recent tax treaties that Canada has concluded with Colombia, Greece and Turkey. The treaties implemented reflect efforts to expand Canada’s tax treaty network. Those treaties are generally patterned on the Model Double Taxation Convention prepared by the Organisation for Economic Co-operation and Development. Tax treaties have two main objectives: the avoidance of double taxation and the prevention of fiscal evasion. Since a tax treaty contains taxation rules that are different from the provisions of the Income Tax Act, it becomes effective only after being given precedence over domestic legislation by an Act of Parliament such as this one. Finally, for each of those tax treaties to become effective, it must be ratified after the enactment of this Act.
Also available on the Parliament of Canada Web Site at the following address: http://www.parl.gc.ca
59 ELIZABETH II —————— CHAPTER 15 An Act to implement conventions and protocols concluded between Canada and Colombia, Greece and Turkey for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income
[Assented to 15th December, 2010] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: SHORT TITLE Short title
1. This Act may be cited as the Tax Conventions Implementation Act, 2010. PART 1 CANADA–COLOMBIA TAX CONVENTION ACT, 2010 2. The Canada–Colombia Tax Convention Act, 2010, whose text is as follows and whose Schedules 1 and 2 are set out in Schedule 1 to this Act, is hereby enacted:
Short title
1. This Act may be cited as the Canada– Colombia Tax Convention Act, 2010.
Definition of “Convention”
2. In this Act, “Convention” means the Convention between the Government of Canada and the Government of the Republic of Colombia set out in Schedule 1, as amended by the Protocol set out in Schedule 2.
Convention approved
3. The Convention is approved and has the force of law in Canada during the period that the Convention, by its terms, is in force.
C. 15
Inconsistent laws — general rule
4. (1) Subject to subsection (2), in the event of any inconsistency between the provisions of this Act or the Convention and the provisions of any other law, the provisions of this Act and the Convention prevail to the extent of the inconsistency.
Inconsistent laws — exception
(2) In the event of any inconsistency between the provisions of the Convention and the provisions of the Income Tax Conventions Interpretation Act, the provisions of that Act prevail to the extent of the inconsistency.
Regulations
5. The Minister of National Revenue may make any regulations that are necessary for carrying out the Convention or for giving effect to any of its provisions.
Notification
6. The Minister of Finance shall cause a notice of the day on which the Convention enters into force and of the day on which it ceases to have effect to be published in the Canada Gazette within 60 days after its entry into force or termination.
Tax Conven
PART 2 CANADA–GREECE TAX CONVENTION ACT, 2010 3. The Canada–Greece Tax Convention Act, 2010, whose text is as follows and whose Schedules 1 and 2 are set out in Schedule 2 to this Act, is hereby enacted: Short title
1. This Act may be cited as the Canada– Greece Tax Convention Act, 2010.
Definition of “Convention”
2. In this Act, “Convention” means the Convention between the Government of Canada and the Government of the Hellenic Republic set out in Schedule 1, as amended by the Protocol set out in Schedule 2.
Convention approved
3. The Convention is approved and has the force of law in Canada during the period that the Convention, by its terms, is in force.
Inconsistent laws — general rule
4. (1) Subject to subsection (2), in the event of any inconsistency between the provisions of this Act or the Convention and the provisions of
Conventions fi any other law, the provisions of this Act and the Convention prevail to the extent of the inconsistency.
Inconsistent laws — exception
(2) In the event of any inconsistency between the provisions of the Convention and the provisions of the Income Tax Conventions Interpretation Act, the provisions of that Act prevail to the extent of the inconsistency.
Regulations
5. The Minister of National Revenue may make any regulations that are necessary for carrying out the Convention or for giving effect to any of its provisions.
Notification
6. The Minister of Finance shall cause a notice of the day on which the Convention enters into force and of the day on which it ceases to have effect to be published in the Canada Gazette within 60 days after its entry into force or termination. PART 3 CANADA–TURKEY TAX CONVENTION ACT, 2010 4. The Canada–Turkey Tax Convention Act, 2010, whose text is as follows and whose Schedules 1 and 2 are set out in Schedule 3 to this Act, is hereby enacted:
Short title
1. This Act may be cited as the Canada– Turkey Tax Convention Act, 2010.
Definition of “Convention”
2. In this Act, “Convention” means the Convention between the Government of Canada and the Government of the Republic of Turkey set out in Schedule 1, as amended by the Protocol set out in Schedule 2.
Convention approved
3. The Convention is approved and has the force of law in Canada during the period that the Convention, by its terms, is in force.
Inconsistent laws — general rule
4. (1) Subject to subsection (2), in the event of any inconsistency between the provisions of this Act or the Convention and the provisions of any other law, the provisions of this Act and the Convention prevail to the extent of the inconsistency.
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Inconsistent laws — exception
(2) In the event of any inconsistency between the provisions of the Convention and the provisions of the Income Tax Conventions Interpretation Act, the provisions of that Act prevail to the extent of the inconsistency.
Regulations
5. The Minister of National Revenue may make any regulations that are necessary for carrying out the Convention or for giving effect to any of its provisions.
Notification
6. The Minister of Finance shall cause a notice of the day on which the Convention enters into force and of the day on which it ceases to have effect to be published in the Canada Gazette within 60 days after its entry into force or termination.
Tax Conven
Conventions fiscales SCHEDULE 1 (Section 2) SCHEDULE 1 (Section 2)
CONVENTION BETWEEN CANADA AND THE REPUBLIC OF COLOMBIA FOR THE AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION OF FISCAL EVASION WITH RESPECT TO TAXES ON INCOME AND ON CAPITAL Canada and the Republic of Colombia, Desiring to conclude a Convention for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and on capital, Have agreed as follows: I. SCOPE OF THE CONVENTION ARTICLE 1 PERSONS COVERED This Convention shall apply to persons who are residents of one or both of the Contracting States. ARTICLE 2 TAXES COVERED 1. This Convention shall apply to taxes on income, and on capital imposed on behalf of a Contracting State, irrespective of the manner in which they are levied. 2. There shall be regarded as taxes on income and on capital all taxes imposed on total income, on total capital, or on elements of income or of capital, including taxes on gains from the alienation of movable or immovable property, taxes on the total amounts of wages or salaries paid by enterprises, as well as taxes on capital appreciation. 3. The existing taxes to which the Convention shall apply are, in particular, (a) in the case of Canada, the taxes imposed by the Government of Canada under the Income Tax Act (hereinafter referred to as “Canadian tax”); and (b) in the case of Colombia, (i) Tax on Income, and Complementary Taxes (Impuesto sobre la Renta y Complementarios); and (ii) the National Tax on Capital; (hereinafter referred to as “Colombian Tax”). 4. The Convention shall apply also to any identical or substantially similar taxes that are imposed after the date of signature of the Convention in addition to, or in place of, the existing taxes. The competent authorities of the Contracting States shall notify each other of any significant changes which have been made in their respective taxation laws.
C. 15
Tax Conventions, 2 II. DEFINITIONS ARTICLE 3 GENERAL DEFINITIONS
1. For the purposes of this Convention, unless the context otherwise requires, (a) the term “Canada” means the territory of Canada, including its land territory, internal waters and territorial sea, and includes the air space above these areas, as well as the exclusive economic zone and the continental shelf, as determined by its domestic law, consistent with international law; (b) the term “Colombia” means the Republic of Colombia; (c) the terms “a Contracting State” and “the other Contracting State” mean, as the context requires, Canada or Colombia; (d) the term “person” includes an individual, a trust, a company, a partnership and any other body of persons; (e) the term “company” means any body corporate or any entity which is treated as a body corporate for tax purposes; (f) the term “enterprise” applies to the carrying on of any business; (g) the terms “enterprise of a Contracting State” and “enterprise of the other Contracting State” mean respectively an enterprise carried on by a resident of a Contracting State and an enterprise carried on by a resident of the other Contracting State; (h) the term “international traffic” means any transport by a ship or aircraft operated by an enterprise of a Contracting State, except when such transport is principally between places in the other Contracting State; (i) the term “competent authority” means (i) in the case of Canada, the Minister of National Revenue or the Minister’s authorized representative, and (ii) in the case of Colombia, the Minister of Finance and Public Credit or the Minister’s authorized representative; (j) the term “national”, in relation to a Contracting State, means (i) any individual possessing the nationality of that Contracting State, and (ii) any legal person, partnership or association deriving its status as such from the laws in force in that Contracting State; and (k) the term “business” includes the performance of professional services and of other activities of an independent character.
2. As regards the application of the Convention at any time by a Contracting State, any term not defined therein shall, unless the context otherwise requires, have the meaning that it has at that time under the law of that State for the purposes of the taxes to which the
Conventions fiscales
Convention applies, any meaning under the applicable tax laws of that State prevailing over a meaning given to the term under the other laws of that State. ARTICLE 4 RESIDENT 1. For the purposes of this Convention, the term “resident of a Contracting State” means (a) any person who, under the laws of that State, is liable to tax therein by reason of the person’s domicile, residence, place of management, place of incorporation or any other criterion of a similar nature, but does not include any person who is liable to tax in that State in respect only of income from sources in that State or capital situated therein, and (b) that State or a political subdivision or local authority thereof or any agency or instrumentality of any such government, subdivision or authority. 2. Where by reason of the provisions of paragraph 1 an individual is a resident of both Contracting States, then the individual’s status shall be determined as follows: (a) the individual shall be deemed to be a resident only of the State in which the individual has a permanent home available and if the individual has a permanent home available in both States, the individual shall be deemed to be a resident only of the State with which the individual’s personal and economic relations are closer (centre of vital interests); (b) if the State in which the individual’s centre of vital interests is situated cannot be determined, or if there is not a permanent home available to the individual in either State, the individual shall be deemed to be a resident only of the State in which the individual has an habitual abode; (c) if the individual has an habitual abode in both States or in neither of them, the individual shall be deemed to be a resident only of the State of which the individual is a national; and (d) if the individual is a national of both States or of neither of them, the competent authorities of the Contracting States shall settle the question by mutual agreement. 3. Where a company is a national of a Contracting State and by reason of paragraph 1 is a resident of both Contracting States then it shall be deemed to be a resident only of the first-mentioned State. 4. Where by reason of the provisions of paragraph 1 a person other than an individual or a company described in paragraph 3 is a resident of both Contracting States, the competent authorities of the Contracting States shall by mutual agreement endeavour to settle the question and to determine the mode of application of the Convention to such person. In the absence of such agreement, such person shall not be entitled to claim any relief or exemption from tax provided by the Convention.
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Tax Conventions, 2 ARTICLE 5
PERMANENT ESTABLISHMENT 1. For the purposes of this Convention, the term “permanent establishment” means a fixed place of business through which the business of an enterprise is wholly or partly carried on. 2. The term “permanent establishment” includes especially (a) a place of management; (b) a branch; (c) an office; (d) a factory; (e) a workshop; and (f) a mine, an oil or gas well, a quarry or any other place relating to the exploration for or the exploitation of natural resources. 3. The term “permanent establishment” also includes: (a) a building site or construction, assembly or installation project, including the planning, preparatory work and supervisory activities associated with it, but only if such building site, construction project or activities last more than six months; (b) the furnishing of services, including consulting services, by an enterprise of a Contracting State through employees or other individuals engaged by the enterprise for such purposes in the other Contracting State, but only where such activities continue within that State for a period or periods aggregating more than 183 days within any twelve-month period.
4. Notwithstanding the preceding provisions of this Article, the term “permanent establishment” shall be deemed not to include (a) the use of facilities solely for the purpose of storage, display or delivery of goods or merchandise belonging to the enterprise; (b) the maintenance of a stock of goods or merchandise belonging to the enterprise solely for the purpose of storage, display or delivery; (c) the maintenance of a stock of goods or merchandise belonging to the enterprise solely for the purpose of processing by another enterprise; (d) the maintenance of a fixed place of business solely for the purpose of purchasing goods or merchandise or of collecting information, for the enterprise; (e) the maintenance of a fixed place of business solely for the purpose of carrying on, for the enterprise, any other activity of a preparatory or auxiliary character; or (f) the maintenance of a fixed place of business solely for any combination of activities mentioned in subparagraphs (a) to (e) provided that the overall activity of the fixed place of business resulting from this combination is of a preparatory or auxiliary character.
Conventions fiscales
5. Notwithstanding the provisions of paragraphs 1 and 2, where a person (other than an agent of an independent status to whom paragraph 7 applies) is acting on behalf of an enterprise and has, and habitually exercises, in a Contracting State an authority to conclude contracts on behalf of the enterprise, that enterprise shall be deemed to have a permanent establishment in that State in respect of any activities which that person undertakes for the enterprise unless the activities of such person are limited to those mentioned in paragraph 4 which, if exercised through a fixed place of business, would not make this fixed place of business a permanent establishment under the provisions of that paragraph.
6. Notwithstanding the preceding provisions of this article, an insurance enterprise resident in a Contracting State shall, except in regard to reinsurance, be deemed to have a permanent establishment in the other Contracting State if it collects premiums in the territory of that other State or insures risks situated therein through a person other than an agent of an independent status to whom paragraph 7 applies. 7. An enterprise shall not be deemed to have a permanent establishment in a Contracting State merely because it carries on business in that State through a broker, a general commission agent or any other agent of an independent status, provided that such persons are acting in the ordinary course of their business and the conditions of the transactions between the agent and the enterprise are those which would have been made between independent enterprises or parties. 8. The fact that a company which is a resident of a Contracting State controls or is controlled by a company which is a resident of the other Contracting State, or which carries on business in that other State (whether through a permanent establishment or otherwise), shall not of itself constitute either company a permanent establishment of the other. III. TAXATION OF INCOME ARTICLE 6 INCOME FROM IMMOVABLE PROPERTY 1. Income derived by a resident of a Contracting State from immovable property (including income from agriculture or forestry) situated in the other Contracting State may be taxed in that other State. 2. For the purposes of this Convention, the term “immovable property” shall have the meaning which it has for the purposes of the relevant tax law of the Contracting State in which the property in question is situated. The term shall in any case include property accessory to immovable property, livestock and equipment used in agriculture and forestry, rights to which the provisions of general law respecting landed property apply, usufruct of immovable property and rights to variable or fixed payments as consideration for the working of, or the right to work or exploit, mineral deposits, sources and other natural resources. Ships and aircraft shall not be regarded as immovable property.
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Tax Conventions, 2
3. The provisions of paragraph 1 shall apply to income derived from the direct use, letting, or use in any other form of immovable property and to income from the alienation of such property. 4. The provisions of paragraphs 1 and 3 shall also apply to the income from immovable property of an enterprise. ARTICLE 7 BUSINESS PROFITS 1. The profits of an enterprise of a Contracting State shall be taxable only in that State unless the enterprise carries on business in the other Contracting State through a permanent establishment situated therein. If the enterprise carries or has carried on business as aforesaid, the profits of the enterprise may be taxed in the other State but only so much of them as is attributable to that permanent establishment. 2. Subject to the provisions of paragraph 3, where an enterprise of a Contracting State carries (or has carried) on business in the other Contracting State through a permanent establishment situated therein, there shall in each Contracting State be attributed to that permanent establishment the profits which it might be expected to make if it were a distinct and separate enterprise engaged in the same or similar activities under the same or similar conditions and dealing wholly independently with the enterprise of which it is a permanent establishment and with all other persons. 3. In the determination of the profits of a permanent establishment, there shall be allowed as deductions expenses which are incurred for the purposes of the permanent establishment including executive and general administrative expenses, whether incurred in the State in which the permanent establishment is situated or elsewhere. 4. No profits shall be attributed to a permanent establishment by reason of the mere purchase by that permanent establishment of goods or merchandise for the enterprise. 5. For the purposes of the preceding paragraphs, the profits to be attributed to the permanent establishment shall be determined by the same method year by year unless there is good and sufficient reason to the contrary. 6. Where profits include items of income which are dealt with separately in other Articles of this Convention, then the provisions of those Articles shall not be affected by the provisions of this Article. ARTICLE 8 SHIPPING AND AIR TRANSPORT 1. Profits derived by an enterprise of a Contracting State from the operation of ships or aircraft in international traffic shall be taxable only in that State. 2. Notwithstanding the provisions of paragraph 1 and of Article 7, profits derived by an enterprise of a Contracting State from a transport by a ship or aircraft, where such transport is principally between places in the other Contracting State, may be taxed in that other State. 3. For the purposes of this Article:
Conventions fiscales
(a) the term “profits” includes gross revenue earned directly from the operation of ships or aircraft in international traffic, and (b) the term “operation of ships or aircraft” by an enterprise also includes: (i) the chartering or leasing of ships or aircraft on a bareboat basis; (ii) the leasing of containers and related equipment, provided that this chartering or leasing is incidental to the operation by that enterprise of ships or aircraft in international traffic. 4. The provisions of paragraphs 1 and 2 shall also apply to profits from the participation in a pool, a joint business or an international operating agency. ARTICLE 9 ASSOCIATED ENTERPRISES 1. Where (a) an enterprise of a Contracting State participates directly or indirectly in the management, control or capital of an enterprise of the other Contracting State, or (b) the same persons participate directly or indirectly in the management, control or capital of an enterprise of a Contracting State and an enterprise of the other Contracting State, and in either case conditions are made or imposed between the two enterprises in their commercial or financial relations that differ from those that would be made between independent enterprises, then any profits which would, but for those conditions, have accrued to one of the enterprises, but, by reason of those conditions, has not so accrued, may be included in the profits of that enterprise and taxed accordingly. 2. Where a Contracting State includes in the profits of an enterprise of that State — and taxes accordingly — profits on which an enterprise of the other Contracting State has been charged to tax in that other State and the profits so included are profits that would have accrued to the enterprise of the first mentioned State if the conditions made between the two enterprises had been those that would have been made between independent enterprises, then that other State, if it agrees that the adjustment made by the firstmentioned State is justified, shall make an appropriate adjustment to the amount of tax charged therein on those profits. In determining such adjustment, due regard shall be had to the other provisions of this Convention and the competent authorities of the Contracting States shall if necessary consult each other. 3. A Contracting State shall not change the income of an enterprise in the circumstances referred to in paragraph 1 after the expiry of the time limits provided in its domestic laws and, in any case, after seven years from the end of the year in which the income that would be subject to such change would, but for the conditions referred to in paragraph 1, have been attributed to that enterprise.
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Tax Conventions, 2
4. The provisions of paragraphs 2 and 3 shall not apply in the case of fraud or wilful default. ARTICLE 10 DIVIDENDS 1. Dividends paid by a company which is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other State. 2. However, such dividends may also be taxed in the Contracting State of which the company paying the dividends is a resident and according to the laws of that State, but if the beneficial owner of the dividends is a resident of the other Contracting State, the tax so charged shall not exceed: (a) 5 per cent of the gross amount of the dividends if the beneficial owner is a company that controls directly or indirectly at least 10 per cent of the voting power in the company paying the dividends; and (b) 15 per cent of the gross amount of the dividends, in all other cases. This paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are paid. 3. The term “dividends” as used in this Article means income from shares, “jouissance” shares or “jouissance” rights, mining shares, founders’ shares or other rights, not being debt-claims, participating in profits, as well as income from other rights which is subjected to the same taxation treatment as income from shares by the laws of the State of which the company making the distribution is a resident. 4. The provisions of paragraph 2 shall not apply if the beneficial owner of the dividends, being a resident of a Contracting State, carries on business in the other Contracting State of which the company paying the dividends is a resident through a permanent establishment situated therein and the holding in respect of which the dividends are paid is effectively connected with such permanent establishment. In such case the provisions of Article 7 shall apply. 5. Where a company that is a resident of a Contracting State derives profits or income from the other Contracting State, that other State may not impose any tax on the dividends paid by the company, except insofar as such dividends are paid to a resident of that other State or insofar as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment situated in that other State, nor subject the company’s undistributed profits to a tax on the company’s undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such other State. 6. Nothing in this Convention shall be construed as preventing a Contracting State from imposing on the earnings of a company attributable to a permanent establishment in that State, or the earnings attributable to the alienation of immovable property situated in that State by a company carrying on a trade in immovable property, a tax in addition to the tax that would be chargeable on the earnings of a company that is a national of that State, except that any additional tax so imposed shall not exceed five per cent of the
Conventions fiscales
amount of such earnings that have not been subjected to such additional tax in previous taxation years. For the purpose of this provision, the term “earnings” means the earnings attributable to the alienation of such immovable property situated in a Contracting State as may be taxed by that State under the provisions of Article 6 or of paragraph 1 of Article 13, and the profits, including any gains, attributable to a permanent establishment in a Contracting State in a year and previous years, after deducting therefrom all taxes, other than the additional tax referred to herein, imposed on such profits in that State. ARTICLE 11 INTEREST 1. Interest arising in a Contracting State and paid to a resident of the other Contracting State may be taxed in that other State. 2. However, such interest may also be taxed in the Contracting State in which it arises and according to the laws of that State, but if the beneficial owner of the interest is a resident of the other Contracting State, the tax so charged shall not exceed 10 per cent of the gross amount of the interest. 3. The term “interest” as used in this Article means income from debt-claims of every kind, whether or not secured by mortgage, and in particular, income from government securities and income from bonds or debentures, including premiums and prizes attaching to such securities, bonds or debentures, as well as any other income which is subjected to the same taxation treatment as income from money lent by the laws of the State in which the income arises. However, the term “interest” does not include income dealt with in Article 8 or in Article 10. 4. The provisions of paragraph 2 shall not apply if the beneficial owner of the interest, being a resident of a Contracting State, carries on business in the other Contracting State in which the interest arises through a permanent establishment situated therein and the debtclaim in respect of which the interest is paid is effectively connected with such permanent establishment. In such case, the provisions of Article 7 shall apply. 5. Interest shall be deemed to arise in a Contracting State when the payer is a resident of that State. Where, however, the person paying the interest, whether the payer is a resident of a Contracting State or not, has in a Contracting State a permanent establishment in connection with which the indebtedness on which the interest is paid was incurred, and such interest is borne by such permanent establishment, then such interest shall be deemed to arise in the Contracting State in which the permanent establishment is situated. 6. Where, by reason of a special relationship between the payer and the beneficial owner or between both of them and some other person, the amount of the interest, having regard to the debt-claim for which it is paid, exceeds the amount that would have been agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the lastmentioned amount. In such case, the excess part of the payments shall remain taxable according to the laws of each Contracting State, due regard being had to the other provisions of this Convention.
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Tax Conventions, 2 ARTICLE 12 ROYALTIES
1. Royalties arising in a Contracting State and paid to a resident of the other Contracting State may be taxed in that other State. 2. However, such royalties may also be taxed in the Contracting State in which they arise and according to the laws of that State, but if the beneficial owner of the royalties is a resident of the other Contracting State, the tax so charged shall not exceed 10 per cent of the gross amount of the royalties. 3. The term “royalties” as used in this Article means payments of any kind received as a consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work including cinematographic films or movies, tapes and other means of audio and video reproduction, patent, trade mark, design or model, plan, secret formula or process or other intangible property, or for the use of, or the right to use, industrial, commercial or scientific equipment or for information concerning industrial, commercial or scientific experience. The term “royalties” also includes payments received as consideration for the furnishing of technical assistance, technical services and consulting services. However, the term “royalties” does not include income dealt with in Article 8.
4. The provisions of paragraph 2 shall not apply if the beneficial owner of the royalties, being a resident of a Contracting State, carries on business in the other Contracting State in which the royalties arise, through a permanent establishment situated therein and the right or property in respect of which the royalties are paid is effectively connected with such permanent establishment. In such case, the provisions of Article 7 shall apply. 5. Royalties shall be deemed to arise in a Contracting State when the payer is a resident of that State. Where, however, the person paying the royalties, whether the payer is a resident of a Contracting State or not, has in a Contracting State a permanent establishment in connection with which the obligation to pay the royalties was incurred, and such royalties are borne by such permanent establishment, then such royalties shall be deemed to arise in the State in which the permanent establishment is situated. 6. Where, by reason of a special relationship between the payer and the beneficial owner or between both of them and another person, the amount of the royalties, having regard to the use, right or information for which they are paid, exceeds the amount that would have been agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount. In such case, the excess part of the payments shall remain taxable according to the laws of each Contracting State, due regard being had to the other provisions of this Convention.
Conventions fiscales ARTICLE 13 CAPITAL GAINS
1. Gains derived by a resident of a Contracting State from the alienation of immovable property situated in the other Contracting State may be taxed in that other State. 2. Gains from the alienation of movable property forming part of the business property of a permanent establishment which an enterprise of a Contracting State has or had in the other Contracting State, including such gains from the alienation of such a permanent establishment (alone or with the whole enterprise) may be taxed in that other State. 3. Gains derived by an enterprise of a Contracting State from the alienation of ships or aircraft operated in international traffic or movable property pertaining to, the operation of such ships or aircraft shall be taxable only in that State. 4. Gains derived by a resident of a Contracting State from the alienation of (a) shares deriving more than 50 per cent of their value directly or indirectly from immovable property situated in the other State; (b) an interest in a partnership, trust or other entity, deriving more than 50 per cent of its value directly or indirectly from immovable property situated in the other State; or (c) shares or other rights in the capital of a company that is a resident of the other State, where the resident of the firstmentioned State owned, at any time within the twelve-month period preceding the alienation directly or indirectly 25 per cent or more of the capital of that company, may be taxed in that other State.
5. Gains from the alienation of any property, other than that referred to in paragraphs 1, 2, 3 and 4, shall be taxable only in the Contracting State of which the alienator is a resident. 6. The provisions of paragraph 5 shall not affect the right of a Contracting State to levy, according to its law, a tax on gains from the alienation of any property, other than property to which the provisions of paragraph 7 apply, derived by an individual who is a resident of the other Contracting State and has been a resident of the first-mentioned State at any time during the six years immediately preceding the alienation of the property. 7. Where an individual who ceases to be a resident of a Contracting State, and immediately thereafter becomes a resident of the other Contracting State, is treated for the purposes of taxation in the first-mentioned State as having alienated a property and is taxed in that State by reason thereof, the individual may elect to be treated for purposes of taxation in the other State as if the individual had, immediately before becoming a resident of that State, sold and repurchased the property for an amount equal to its fair market value at that time. However, this provision shall not apply to property any gain from which, arising immediately before the individual became a resident of that other State, may be taxed in that other State nor to immovable property situated in a third State.
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Tax Conventions, 2 ARTICLE 14
INCOME FROM EMPLOYMENT 1. Subject to the provisions of Articles 15, 17 and 18, salaries, wages and other remuneration derived by a resident of a Contracting State in respect of an employment shall be taxable only in that State unless the employment is exercised in the other Contracting State. If the employment is so exercised, such remuneration as is derived therefrom may be taxed in that other State. 2. Notwithstanding the provisions of paragraph 1, remuneration derived by a resident of a Contracting State in respect of an employment exercised in the other Contracting State shall be taxable only in the first-mentioned State if: (a) the recipient is present in the other State for a period or periods not exceeding in the aggregate 183 days in any twelve month period commencing or ending in the fiscal year concerned, and (b) the remuneration is paid by, or on behalf of, an employer who is not a resident of the other State, and (c) the remuneration is not borne by a permanent establishment which the employer has in the other State. 3. Notwithstanding the preceding provisions of this Article, remuneration derived in respect of an employment exercised aboard a ship or aircraft operated in international traffic by an enterprise of a Contracting State shall be taxable only in that State unless the remuneration is derived by a resident of the other Contracting State. ARTICLE 15 DIRECTORS’ FEES Directors’ fees and other similar payments derived by a resident of a Contracting State in the capacity as a member of the board of directors or a similar body of a company which is a resident of the other Contracting State may be taxed in that other State. ARTICLE 16 ARTISTES AND SPORTSPERSONS 1. Notwithstanding the provisions of Articles 7 and 14, income derived by a resident of a Contracting State as an entertainer, such as a theatre, motion picture, radio or television artiste, or a musician, or as a sportsperson, from that resident’s personal activities as such exercised in the other Contracting State, may be taxed in that other State. The income to which this paragraph refers includes income from any personal activity in the other Contracting State related to that resident’s reputation as an entertainer or sportsperson. 2. Where income in respect of personal activities exercised by an entertainer or a sportsperson in that individual’s capacity as such accrues not to the entertainer or sportsperson personally but to another person, that income may, notwithstanding the provisions of Articles 7 and 14, be taxed in the Contracting State in which the activities of the entertainer or sportsperson are exercised.
Conventions fiscales
3. The provisions of paragraph 2 shall not apply if it is established that neither the entertainer or the sportsperson nor persons related thereto participate directly or indirectly in the profits of the person referred to in that paragraph. ARTICLE 17 PENSIONS AND ANNUITIES 1. Pensions and annuities arising in a Contracting State and paid to a resident of the other Contracting State may be taxed in that other State. 2. Pensions arising in a Contracting State and paid to a resident of the other Contracting State may also be taxed in the State in which they arise and according to the laws of that State. However, in the case of periodic pension payments, the tax so charged shall not exceed the lesser of: (a) 15 per cent of the gross amount of the payment; and (b) the rate determined by reference to the amount of tax that the recipient of the payment would otherwise be required to pay for the year on the total amount of the periodic pension payments received by the individual in the year, if the individual were resident in the Contracting State in which the payment arises. 3. Annuities other than pensions arising in a Contracting State and paid to a resident of the other Contracting State may also be taxed in the State in which they arise and according to the law of that State, but the tax so charged shall not exceed 15 per cent of the portion thereof that is subject to tax in that State. However, this limitation does not apply to lump-sum payments arising on the surrender, cancellation, redemption, sale or other alienation of an annuity, or to payments of any kind under an annuity contract the cost of which was deductible, in whole or in part, in computing the income of any person who acquired the contract. 4. Notwithstanding anything in this Convention (a) war pensions and allowances (including pensions and allowances paid to war veterans or paid as a consequence of damages or injuries suffered as a consequence of a war) arising in a Contracting State and paid to a resident of the other Contracting State shall be exempt from tax in that other State to the extent that they would be exempt from tax if received by a resident of the first-mentioned State; and (b) alimony and other similar support payments arising in a Contracting State and paid to a resident of the other Contracting State who is subject to tax therein in respect thereof shall be taxable only in that other State, but the amount taxable in that other State shall not exceed the amount that would be taxable in the first-mentioned State if the recipient were a resident thereof.
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Tax Conventions, 2 ARTICLE 18 GOVERNMENT SERVICE
1. (a) Salaries, wages and other similar remuneration, other than a pension, paid by a Contracting State or a political subdivision or a local authority thereof to an individual in respect of services rendered to that State or subdivision or authority shall be taxable only in that State. (b) However, such salaries, wages and other similar remuneration shall be taxable only in the other Contracting State if the services are rendered in that State and the individual is a resident of that State who: (i) is a national of that State, or (ii) did not become a resident of that State solely for the purpose of rendering the services. 2. The provisions of Articles 14, 15 and 16 shall apply to salaries, wages and other similar remuneration in respect of services rendered in connection with a business carried on by a Contracting State or a political subdivision or a local authority thereof. ARTICLE 19 STUDENTS Payments which a student or business apprentice who is, or was immediately before visiting a Contracting State, a resident of the other Contracting State and who is present in the first-mentioned State solely for the purpose of that individual’s education or training receives for the purpose of that individual’s maintenance, education or training shall not be taxed in that State, if such payments arise from sources outside that State. ARTICLE 20 OTHER INCOME 1. Items of income of a resident of a Contracting State not dealt with in the foregoing Articles of this Convention and arising from sources in the other Contracting State may also be taxed in that other Contracting State. 2. In the case of Canada, where such income is income from a trust, other than a trust to which contributions were deductible, the tax so charged shall not exceed 15 per cent of the gross amount of the income if the beneficial owner is a resident of Colombia, provided that the income is taxable in Colombia. IV. TAXATION OF CAPITAL ARTICLE 21 CAPITAL 1. Capital represented by immovable property owned by a resident of a Contracting State and situated in the other Contracting State, may be taxed in that other State.
Conventions fiscales
2. Capital represented by movable property forming part of the business property of a permanent establishment which an enterprise of a Contracting State has in the other Contracting State may be taxed in that other State. 3. Capital represented by ships or aircraft operated by an enterprise of a Contracting State in international traffic, and by movable property pertaining to the operation of such ships or aircraft, shall be taxable only in that State. 4. All other elements of capital of a resident of a Contracting State shall be taxable only in that State. V. METHODS FOR ELIMINATION OF DOUBLE TAXATION ARTICLE 22 ELIMINATION OF DOUBLE TAXATION 1. In the case of Canada, double taxation shall be avoided as follows: (a) subject to the existing provisions of the law of Canada regarding the deduction from tax payable in Canada of tax paid in a territory outside Canada and to any subsequent modification of those provisions — which shall not affect the general principle hereof — and unless a greater deduction or relief is provided under the laws of Canada, tax payable in Colombia on profits, income or gains arising in Colombia shall be deducted from any Canadian tax payable in respect of such profits, income or gains; (b) subject to the existing provisions of the law of Canada regarding the allowance as a credit against Canadian tax of tax payable in a territory outside Canada and to any subsequent modification of those provisions — which shall not affect the general principle hereof — where a company which is a resident of Colombia pays a dividend to a company which is a resident of Canada and which controls directly or indirectly at least 10 per cent of the voting power in the first-mentioned company, the credit shall take into account the tax payable in Colombia by that first-mentioned company in respect of the profits out of which such dividend is paid; and (c) where, in accordance with any provision of the Convention, income derived by a resident of Canada is exempt from tax in Canada, Canada may nevertheless, in calculating the amount of tax on other income, take into account the exempted income.
2. In the case of Colombia, double taxation shall be avoided as follows: (a) Where a resident of a Colombia derives income or owns elements of capital which, under this Convention, may be taxed in the other Contracting State, Colombia shall, subject to the limitations of its domestic laws, allow: (i) as a deduction (descuento) from the tax on the income of that resident an amount equal to the income tax paid in the other State;
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(ii) as a deduction (descuento) from the tax on the capital of that resident an amount equal to the tax paid in the other State on those elements of capital; and (iii) as a deduction (descuento) from the corporate income tax effectively paid by a company that pays out dividends, an amount corresponding to the profits out of which such dividends are paid. However, such deduction (descuento) shall not exceed that part of the income tax or capital tax calculated before the deduction (descuento) is given, which is attributable to the income or the elements of capital which may be taxed in that other State. (b) Where, under any provision of this Convention, income derived or capital owned by a resident of Colombia is exempt from tax in Colombia, Colombia may nevertheless, in calculating the amount of tax on the remaining income or capital of such resident, take into account the exempted income or capital. 3. For the purposes of this Article, profits, income or gains of a resident of a Contracting State that may be taxed in the other Contracting State in accordance with this Convention shall be deemed to arise from sources in that other State. VI. SPECIAL PROVISIONS ARTICLE 23 NON-DISCRIMINATION 1. Nationals of a Contracting State shall not be subjected in the other Contracting State to any taxation or any requirement connected therewith that is more burdensome than the taxation and connected requirements to which nationals of that other State in the same circumstances, in particular with respect to residence, are or may be subjected. 2. The taxation on a permanent establishment which an enterprise of a Contracting State has in the other Contracting State shall not be less favourably levied in that other State than the taxation levied on enterprises of that other State carrying on the same activities. 3. Nothing in this Article shall be construed as obliging a Contracting State to grant to residents of the other Contracting State any personal allowances, reliefs and reductions for taxation purposes on account of civil status or family responsibilities which it grants to its own residents. 4. Enterprises of a Contracting State, the capital of which is wholly or partly owned or controlled, directly or indirectly, by one or more residents of the other Contracting State, shall not be subjected in the first-mentioned State to any taxation or any requirement connected therewith which is more burdensome than the taxation and connected requirements to which other similar enterprises which are residents of the first-mentioned State, the capital of which is wholly or partly owned or controlled, directly or indirectly, by one or more residents of a third State, are or may be subjected. 5. In this Article, the term “taxation” means taxes that are the subject of this Convention.
Conventions fiscales ARTICLE 24 MUTUAL AGREEMENT PROCEDURE
1. Where a person considers that the actions of one or both of the Contracting States result or will result for that person in taxation not in accordance with the provisions of this Convention, that person may, irrespective of the remedies provided by the domestic law of those States, address to the competent authority of the Contracting State of which that person is a resident or, alternatively, if that person’s case comes under paragraph 1 of Article 23 to that of the Contracting State of which that person is a national, an application in writing stating the grounds for claiming the revision of such taxation. To be admissible, the said application must be submitted within three years from the first notification of the action resulting in taxation not in accordance with the provisions of the Convention. 2. The competent authority referred to in paragraph 1 shall endeavour, if the objection appears to it to be justified and if it is not itself able to arrive at a satisfactory solution, to resolve the case by mutual agreement with the competent authority of the other Contracting State, with a view to the avoidance of taxation not in accordance with the Convention. Any agreement reached shall be implemented notwithstanding any time limits in the domestic law of the Contracting States. 3. A Contracting State shall not, after the expiry of the time limits provided in its domestic laws and, in any case, after seven years from the end of the taxable period to which the income concerned was attributed, increase the tax base of a resident of either of the Contracting States by including therein income that has also been included in income in the other Contracting State. This paragraph shall not apply in the case of fraud or wilful default. 4. The competent authorities of the Contracting States shall endeavour to resolve by mutual agreement any difficulties or doubts arising as to the interpretation or application of the Convention. 5. The competent authorities of the Contracting States may consult together for the elimination of double taxation in cases not provided for in the Convention and may communicate with each other directly for the purpose of applying the Convention. ARTICLE 25 EXCHANGE OF INFORMATION 1. The competent authorities of the Contracting States shall exchange such information as is foreseeably relevant for carrying out the provisions of this Convention or to the administration or enforcement of the domestic laws concerning taxes of every kind and description imposed on behalf of the Contracting States, insofar as the taxation thereunder is not contrary to the Convention. The exchange of information is not restricted by Articles 1 and 2. 2. Any information received under paragraph 1 by a Contracting State shall be treated as secret in the same manner as information obtained under the domestic laws of that State and shall be disclosed only to persons or authorities (including courts and administrative bodies) concerned with the assessment or collection of, the enforcement in respect of, the determination of appeals in relation
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to taxes, or the oversight of the above. Such persons or authorities shall use the information only for such purposes. They may disclose the information in public court proceedings or in judicial decisions.
3. In no case shall the provisions of paragraphs 1 and 2 be construed so as to impose on a Contracting State the obligation (a) to carry out administrative measures at variance with the laws and the administrative practice of that or of the other Contracting State; (b) to supply information that is not obtainable under the laws or in the normal course of the administration of that or of the other Contracting State; or (c) to supply information that would disclose any trade, business, industrial, commercial or professional secret or trade process, or information, the disclosure of which would be contrary to public policy (ordre public). 4. If information is requested by a Contracting State in accordance with this Article, the other Contracting State shall use its information gathering measures to obtain the requested information, even though the other State does not need such information for its own tax purposes. The obligation contained in the preceding sentence is subject to the limitations of paragraph 3 but in no case shall such limitations be construed to permit a Contracting State to decline to supply information solely because it has no domestic interest in such information. 5. In no case shall the provisions of paragraph 3 be construed to permit a Contracting State to decline to supply information solely because the information is held by a bank, other financial institution, nominee or person acting in an agency or fiduciary capacity or because the information relates to ownership interests in a person.
ARTICLE 26 ANTI-ABUSE CLAUSES 1. The provisions of Articles 10, 11 and 12 shall not apply if the purpose or one of the main purposes of any person in relation to the creation or assignment of a share, a debt-claim, or a right with respect to which dividends, interest or royalties are paid, was to derive benefits from one or more of those Articles through such creation or assignment. 2. Nothing in the Convention shall be construed as preventing a Contracting State from imposing a tax on amounts included in the income of a resident of that State with respect to a partnership, trust, company, or other entity in which that resident has an interest. 3. The Convention shall not apply to any company, trust or other entity that is a resident of a Contracting State and is beneficially owned or controlled, directly or indirectly, by one or more persons who are not residents of that State, if the amount of the tax imposed on the income or capital of the company, trust, partnership or other entity by that State is substantially lower than the amount that would be imposed by that State (after taking into account any reduction or
Conventions fiscales
offset of the amount of tax in any manner, including a refund, reimbursement, contribution, credit, or allowance to the company, trust or partnership, or to any other person) if all of the shares of the capital stock of the company or all of the interests in the trust or other entity, as the case may be, were beneficially owned by one or more individuals who were residents of that State.
4. In the event that one or more of the provisions of the Convention give rise to results that were not intended or envisaged thereunder, the Contracting States shall consult each other on the matter with a view towards reaching a mutually acceptable solution, including possible amendments to the Convention. ARTICLE 27 MEMBERS OF DIPLOMATIC MISSIONS AND CONSULAR POSTS 1. Nothing in this Convention shall affect the fiscal privileges of members of diplomatic missions or consular posts under the general rules of international law or under the provisions of special agreements. 2. Notwithstanding the provisions of Article 4, an individual who is a member of a diplomatic mission, consular post or permanent mission of a Contracting State that is situated in the other Contracting State or in a third State shall be deemed for the purposes of the Convention to be a resident only of the sending State if that individual is liable in the sending State to the same obligations in relation to tax on total income as are residents of that sending State. ARTICLE 28 MISCELLANEOUS RULES 1. The provisions of this Convention shall not be construed to restrict in any manner any exemption, allowance, credit or other deduction accorded by the laws of a Contracting State in the determination of the tax imposed by that State. 2. For the purposes of paragraph 3 of Article XXII (Consultation) of the General Agreement on Trade in Services, the Contracting States agree that, notwithstanding that paragraph, any dispute between them as to whether a measure falls within the scope of the Convention may be brought before the Council for Trade in Services, as provided by that paragraph, only with the consent of both Contracting States. Any doubt as to the interpretation of this paragraph shall be resolved under paragraph 4 of Article 24 or, failing agreement under that procedure, pursuant to any other procedure agreed to by both Contracting States. 3. Contributions in a year in respect of services rendered in that year paid by, or on behalf of, an individual who is a resident of a Contracting State or who is temporarily present in that State to a pension plan that is recognized for tax purposes in the other Contracting State shall, during a period not exceeding in the
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aggregate 60 months, be treated in the same way for tax purposes in the first-mentioned State as a contribution paid to a pension plan that is recognized for tax purposes in that first-mentioned State, if (a) such individual was contributing on a regular basis to the pension plan for a period ending immediately before that individual became a resident of or temporarily present in the first-mentioned State; and (b) the competent authority of the first-mentioned State agrees that the pension plan generally corresponds to a pension plan recognized for tax purposes by that State. For the purposes of this paragraph, “pension plan” includes a pension plan created under the social security system in a Contracting State. VII. FINAL PROVISIONS ARTICLE 29 ENTRY INTO FORCE 1. Each of the Contracting States shall notify the other through diplomatic channels of the completion of the procedures required by law for the bringing into force of the Convention. The Convention shall enter into force on the date of the later of these notifications and its provisions shall thereupon have effect: (a) in Canada (i) in respect of tax withheld at the source on amounts paid or credited to non-residents, on or after the first day of January in the calendar year following that in which the Convention enters into force, and (ii) in respect of other Canadian tax, for taxation years beginning on or after the first day of January in the calendar year following that in which the Convention enters into force; and (b) in Colombia (i) in respect of taxes on income that is obtained and amounts paid, deposited, or accounted for as expenses, as of the first day of January of the calendar year immediately following that in which the Convention enters into force, (ii) in all other cases, as of the date on which the Convention enters into force. ARTICLE 30 TERMINATION This Convention shall continue in effect indefinitely but either Contracting State may, on or before June 30 of any calendar year after the year of the entry into force, give to the other Contracting State a notice of termination in writing through the diplomatic channel. In such event, the Convention shall cease to have effect: (a) in Canada (i) in respect of tax withheld at the source on amounts paid or credited to non-residents, after the end of that calendar year, and (ii) in respect of other Canadian tax, for taxation years beginning after the end of that calendar year; and
Conventions fiscales
(b) in Colombia (i) in respect of taxes on income that is obtained and amounts paid, deposited, or accounted for as expenses, as of the first day of January of the calendar year immediately following that in which the notice is given; (ii) in all other cases, as of the date the notice is given.
IN WITNESS WHEREOF the undersigned, duly authorized to that effect, have signed this Convention. DONE in duplicate at Lima, this 21st day of November 2008, in the English, French and Spanish languages, each version being equally authentic. Lawrence Cannon Minister of Foreign Affairs FOR CANADA Jaime Bermudez Minister of Foreign Affairs FOR THE REPUBLIC OF COLOMBIA
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Tax Conventions, 2 SCHEDULE 2 (Section 2) PROTOCOL
At the time of signing of this Convention between Canada and the Republic of Colombia for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income and on Capital, the undersigned have agreed upon the following provisions which shall be an integral part of the Convention. 1. It is understood that (a) With reference to paragraph 3 of Article 5, for the purpose of calculating the time limit referred to therein, the period during which the activities carried out by an enterprise associated with another enterprise within the meaning of Article 9 shall be added to the period during which the activities are carried out by the enterprise with which it is associated, provided that the activities of the two enterprises are identical or substantially similar and are carried on in connection with the same site or project. (b) With reference to paragraph 3 of Article 5, planning, preparatory work and supervisory activities shall be considered to be associated to a building site or construction or installation project only where such work or activities are performed at the location of the building site or construction or installation project. (c) For purposes of Article 7, profits are attributed to a permanent establishment under paragraph 2 of Article 7 as if the permanent establishment were a separate enterprise dealing independently from the enterprise of which it is a part. Paragraph 3 of Article 7 sets out the principle that expenses incurred by the enterprise for the purpose of the permanent establishment, wherever incurred, shall be allowed as a deduction in attributing profits to the permanent establishment. In applying that paragraph, deductibility of expenses shall be determined in accordance with the internal legislation of the Contracting State in which the permanent establishment is located, provided that the requirements, conditions, and limitations to which they are subjected, are complied with. (d) In the case of Colombia, for the purposes of this Convention, the term “ships” includes vessels. (e) In the case of Colombia, notwithstanding the provisions of paragraph 2 of Article 10, when a company resident in Colombia has not paid income tax on the profit distributed to shareholders (socios o accionistas), because of exemptions or because the profit exceeds the maximum non-taxed limit contained in Article 49 and in paragraph 1 of Article 245 of the Tax Statute, the dividend distributed may be taxed in Colombia at a rate of 15 per cent, if the beneficial owner of the dividend is a shareholder (socio o accionista) resident in Canada. (f) For greater certainty, the term “right” in paragraph 4 of Article 12 includes contractual rights to receive payments in respect of the furnishing of technical assistance, technical services or consulting services. (g) If, after the signing of the Convention, Colombia concludes with a third state a Convention which provides for provisions in respect of technical assistance, technical services or consulting services that are more favourable than those provided for in
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Article 12 of the Convention, such provisions shall apply automatically to the Convention, under the same conditions as if such provisions had been set out in the Convention. Such provisions shall apply to this Convention from the date of entry into force of the convention with the third state. The competent authority of Colombia shall inform the competent authority of Canada without delay that the conditions of application of this subparagraph have been fulfilled. (h) Paragraphs 6 and 7 of Article 13 are included in the Convention in view of Canada’s domestic rules regarding taxpayer migration. At the time of the signature of the Convention, Colombia has no similar domestic rules and, therefore, it is anticipated that these paragraphs will initially only apply in the case of an individual who ceases to be a resident of Canada. (i) With reference to paragraph 2 of Article 20, it is agreed to have that paragraph apply only in the case of Canada on the understanding that under the domestic law of Colombia, income from a trust retains the legal characterization of the underlying income earned by that trust. (j) For greater certainty, the seven year time limit referred to in paragraph 3 of Article 24 and paragraph 3 of Article 9 shall only apply if the domestic law of the Contracting State first-mentioned in such paragraphs provides for a longer time period. IN WITNESS whereof the undersigned, duly authorised thereto, by their respective Governments, have signed this Protocol. DONE in duplicate at Lima, this 21st day of November 2008, in the English, French and Spanish languages, each version being equally authentic. Lawrence Cannon Minister of Foreign Affairs FOR CANADA Jaime Bermudez Minister of Foreign Affairs FOR THE REPUBLIC OF COLOMBIA
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Tax Conventions, 2 SCHEDULE 2 (Section 3) SCHEDULE 1 (Section 2)
CONVENTION BETWEEN CANADA AND THE HELLENIC REPUBLIC FOR THE AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION OF FISCAL EVASION WITH RESPECT TO TAXES ON INCOME AND ON CAPITAL Canada and the Hellenic Republic Desiring to conclude a Convention for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and on capital, Have agreed as follows: I. SCOPE OF THE CONVENTION ARTICLE 1 PERSONS COVERED This Convention shall apply to persons who are residents of one or both of the Contracting States. ARTICLE 2 TAXES COVERED 1. This Convention shall apply to taxes on income and on capital imposed on behalf of each Contracting State, irrespective of the manner in which they are levied. 2. There shall be regarded as taxes on income and on capital all taxes imposed on total income, on total capital, or on elements of income or of capital, including taxes on gains from the alienation of movable or immovable property, as well as taxes on capital appreciation. 3. The existing taxes to which the Convention shall apply are, in particular: (a) in the case of the Hellenic Republic: (i) the income and capital tax on natural persons; (ii) the income and capital tax on legal persons; (hereinafter referred to as “Hellenic tax”); and (b) in the case of Canada the taxes imposed by the Government of Canada under the Income Tax Act (hereinafter referred to as “Canadian tax”).
4. The Convention shall apply also to any identical or substantially similar taxes which are imposed after the date of signature of the Convention in addition to, or in place of, the existing taxes. The competent authorities of the Contracting States shall notify each other of any significant changes which have been made in their respective taxation laws.
Conventions fiscales II. DEFINITIONS ARTICLE 3 GENERAL DEFINITIONS
1. For the purposes of this Convention, unless the context otherwise requires: (a) the term “Hellenic Republic” comprises the territory of the Hellenic Republic, including its territorial sea, as well as the part of the sea-bed and its sub-soil under the Mediterranean Sea, over which the Hellenic Republic, in accordance with international law, has sovereign rights for the purpose of exploration, extraction or exploitation of the natural resources of such areas; (b) the term “Canada” means the territory of Canada, including its land territory, internal waters and territorial sea, and includes the air space above these areas, as well as the exclusive economic zone and the continental shelf, as determined by its domestic law, consistent with international law; (c) the term “person” includes an individual, a trust, a company and any other body of persons; (d) the term “company” means any body corporate or any entity which is treated as a body corporate for tax purposes; (e) the terms “enterprise of a Contracting State” and “enterprise of the other Contracting State” mean respectively an enterprise carried on by a resident of a Contracting State and an enterprise carried on by a resident of the other Contracting State; (f) the terms “a Contracting State” and “the other Contracting State” mean Canada or the Hellenic Republic as the context requires; (g) the term “national” means: (i) any individual possessing the nationality of a Contracting State, and (ii) any legal person, partnership or association deriving its status as such from the laws in force in a Contracting State; (h) the term “competent authority” means: (i) in the case of the Hellenic Republic, the Minister of Economy and Finance or the Minister’s authorized representative; and (ii) in the case of Canada, the Minister of National Revenue or the Minister’s authorized representative; (i) the term “international traffic” means any transport by a ship or aircraft, except when the ship or aircraft is operated solely between places in a Contracting State.
2. As regards the application of the Convention at any time by a Contracting State, any term not defined therein shall, unless the context otherwise requires, have the meaning that it has at that time under the law of that State for the purposes of the taxes to which the Convention applies, any meaning under the applicable tax laws of that State prevailing over a meaning given to the term under other laws of that State.
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Tax Conventions, 2 ARTICLE 4 RESIDENT
1. For the purposes of this Convention, the term “resident of a Contracting State” means: (a) any person who, under the laws of that State, is liable to tax therein by reason of the person’s domicile, residence, place of management or any other criterion of a similar nature; and (b) that State or a political subdivision or local authority thereof or any agency or instrumentality of that State, subdivision or authority. However, this term does not include any person who is liable to tax in that State in respect only of income from sources in that State.
2. Where by reason of the provisions of paragraph l an individual is a resident of both Contracting States, then the individual’s status shall be determined as follows: (a) the individual shall be deemed to be a resident only of the State in which the individual has a permanent home available and if the individual has a permanent home available in both States, the individual shall be deemed to be a resident only of the State with which the individual’s personal and economic relations are closer (centre of vital interests); (b) if the State in which the individual’s centre of vital interests is situated cannot be determined, or if there is not a permanent home available to the individual in either State, the individual shall be deemed to be a resident only of the State in which the individual has an habitual abode; (c) if the individual has an habitual abode in both States or in neither of them, the individual shall be deemed to be a resident only of the State of which the individual is a national; and (d) if the individual is a national of both States or of neither of them, the competent authorities of the Contracting States shall settle the question by mutual agreement. 3. Where by reason of the provisions of paragraph l a company is a resident of both Contracting States, then its status shall be determined as follows: (a) it shall be deemed to be a resident only of the State of which it is a national; or (b) if it is a national of neither of the States, it shall be deemed to be a resident only of the State in which its place of effective management is situated. 4. Where by reason of the provisions of paragraph l a person other than an individual or a company is a resident of both Contracting States, the competent authorities of the Contracting States shall by mutual agreement endeavour to settle the question and to determine the mode of application of the Convention to such person. In the absence of such agreement, such person shall not be entitled to claim any relief or exemption from tax provided by the Convention.
Conventions fiscales ARTICLE 5 PERMANENT ESTABLISHMENT
1. For the purposes of this Convention, the term “permanent establishment” means a fixed place of business through which the business of an enterprise is wholly or partly carried on. 2. The term “permanent establishment” includes especially: (a) a place of management; (b) a branch; (c) an office; (d) a factory; (e) a workshop; and (f) a mine, an oil or gas well, a quarry or any other place relating to the exploration for or the exploitation of natural resources. 3. A building site or construction or installation project constitutes a permanent establishment only if it lasts more than nine months. 4. The term “permanent establishment” also includes the furnishing of services, including technical assistance and consultancy services, by an enterprise through employees or other personnel engaged by the enterprise for such purpose, where the activities of that nature continue for a period or periods amounting to or exceeding in the aggregate 183 days in any twelve month period. 5. Notwithstanding the preceding provisions of this Article, the term “permanent establishment” shall be deemed not to include: (a) the use of facilities solely for the purpose of storage, display or delivery of goods or merchandise belonging to the enterprise; (b) the maintenance of a stock of goods or merchandise belonging to the enterprise solely for the purpose of storage, display or delivery; (c) the maintenance of a stock of goods or merchandise belonging to the enterprise solely for the purpose of processing by another enterprise; (d) the maintenance of a fixed place of business solely for the purpose of purchasing goods or merchandise or of collecting information, for the enterprise; (e) the maintenance of a fixed place of business solely for the purpose of carrying on, for the enterprise, any other activity of a preparatory or auxiliary character; (f) the maintenance of a fixed place of business solely for any combination of activities mentioned in subparagraphs (a) to (e) provided that the overall activity of the fixed place of business resulting from this combination is of a preparatory or auxiliary character. 6. Notwithstanding the provisions of paragraphs l and 2, where a person — other than an agent of an independent status to whom paragraph 9 applies — is acting on behalf of an enterprise and has, and habitually exercises, in a Contracting State an authority to conclude contracts on behalf of the enterprise, that enterprise shall be
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deemed to have a permanent establishment in that State in respect of any activities which that person undertakes for the enterprise unless the activities of such person are limited to those mentioned in paragraph 5 which, if exercised through a fixed place of business, would not make this fixed place of business a permanent establishment under the provisions of that paragraph.
7. Notwithstanding the preceding provisions of this Article and the provisions of Article 14 (Independent Personal Services), a person who is a resident of a Contracting State and carries on activities in connection with preliminary surveys, exploration, extraction or exploitation of natural resources situated in the other Contracting State shall be deemed to be carrying on in respect of those activities a business in that other Contracting State through a permanent establishment or a fixed base situated therein. 8. The provisions of paragraph 7 shall not apply where the activities are carried on for a period or periods not exceeding 120 days in the aggregate in any 12 month period. However for the purpose of this paragraph, activities carried on by an enterprise related to another enterprise within the meaning of Article 9 (Associated Enterprises) shall be regarded as carried on by the enterprise to which it is related if the activities in question are substantially the same as those carried on by the last-mentioned enterprise. 9. An enterprise shall not be deemed to have a permanent establishment in a Contracting State merely because it carries on business in that State through a broker, general commission agent or any other agent of an independent status, provided that such persons are acting in the ordinary course of their business. 10. Notwithstanding the preceding provisions of this Article, an insurance enterprise of a Contracting State shall, except with regard to reinsurance, be deemed to have a permanent establishment in the other Contracting State if it collects premiums on the territory of the other State or it insures risks situated therein through a person, other than an agent of an independent status to whom paragraph 9 applies. 11. The fact that a company which is a resident of a Contracting State controls or is controlled by a company which is a resident of the other Contracting State, or which carries on business in that other State (whether through a permanent establishment or otherwise), shall not of itself constitute either company a permanent establishment of the other. III. TAXATION OF INCOME ARTICLE 6 INCOME FROM IMMOVABLE PROPERTY 1. Income derived by a resident of a Contracting State from immovable property (including income from agriculture or forestry) situated in the other Contracting State may be taxed in that other State.
Conventions fiscales
2. For the purposes of this Convention, the term “immovable property” shall have the meaning which it has for the purposes of the relevant tax law of the Contracting State in which the property in question is situated. The term shall in any case include property accessory to immovable property, livestock and equipment used in agriculture and forestry, rights to which the provisions of general law respecting landed property apply, usufruct of immovable property and rights to variable or fixed payments as consideration for the working of, or the right to work, mineral deposits, sources and other natural resources. Ships and aircraft shall not be regarded as immovable property. 3. The provisions of paragraph l shall apply to income derived from the direct use, letting, or use in any other form of immovable property and, in the case of Canada, shall also apply to income from the alienation of such property. 4. The provisions of paragraphs l and 3 shall also apply to the income from immovable property of an enterprise and to income from immovable property used for the performance of independent personal services. ARTICLE 7 BUSINESS PROFITS 1. The profits of an enterprise of a Contracting State shall be taxable only in that State unless the enterprise carries on business in the other Contracting State through a permanent establishment situated therein. If the enterprise carries on or has carried on business as aforesaid, the profits of the enterprise may be taxed in the other State but only so much of them as is attributable to that permanent establishment. 2. Subject to the provisions of paragraph 3, where an enterprise of a Contracting State carries on business in the other Contracting State through a permanent establishment situated therein, there shall in each Contracting State be attributed to that permanent establishment the profits which it might be expected to make if it were a distinct and separate enterprise engaged in the same or similar activities under the same or similar conditions and dealing wholly independently with the enterprise of which it is a permanent establishment. 3. In determining the profits of a permanent establishment, there shall be allowed those deductible expenses which are incurred for the purposes of the permanent establishment including executive and general administrative expenses so incurred, whether in the State in which the permanent establishment is situated or elsewhere. 4. No profits shall be attributed to a permanent establishment by reason of the mere purchase by that permanent establishment of goods or merchandise for the enterprise. 5. For the purposes of the preceding paragraphs, the profits to be attributed to the permanent establishment shall be determined by the same method year by year unless there is good and sufficient reason to the contrary. 6. Where profits include items of income which are dealt with separately in other Articles of this Convention, then the provisions of those Articles shall not be affected by the provisions of this Article.
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Tax Conventions, 2 ARTICLE 8
INTERNATIONAL SHIPPING AND AIR TRANSPORT 1. Profits derived from the operation of ships in international traffic shall be taxable only in the Contracting State in which the ships are registered or by which they are documented. 2. Notwithstanding the provisions of paragraph 1, profits derived by an enterprise of a Contracting State from the operation of ships engaged in international traffic may also be taxed in that State. 3. Profits derived by an enterprise of a Contracting State from the operation of aircraft in international traffic shall be taxable only in that State. 4. The provisions of paragraphs l, 2, and 3 shall also apply to profits from the participation in a pool, a joint business or an international operating agency. ARTICLE 9 ASSOCIATED ENTERPRISES 1. Where (a) an enterprise of a Contracting State participates directly or indirectly in the management, control or capital of an enterprise of the other Contracting State, or (b) the same persons participate directly or indirectly in the management, control or capital of an enterprise of a Contracting State and an enterprise of the other Contracting State, and in either case conditions are made or imposed between the two enterprises in their commercial or financial relations that differ from those that would be made between independent enterprises, then any profits that would, but for those conditions, have accrued to one of the enterprises, but, by reason of those conditions, have not so accrued, may be included in the profits of that enterprise and taxed accordingly. 2. Where a Contracting State includes in the profits of an enterprise of that State — and taxes accordingly — profits on which an enterprise of the other Contracting State has been charged to tax in that other State and the profits so included are profits that would have accrued to the enterprise of the first-mentioned State if the conditions made between the two enterprises had been those that would have been made between independent enterprises, then that other State shall make an appropriate adjustment to the amount of the tax charged therein on those profits. In determining such adjustment, due regard shall be had to the other provisions of this Convention and the competent authorities of the Contracting States shall if necessary consult each other. 3. A Contracting State shall not change the income of an enterprise in the circumstances referred to in paragraphs l and 2 after the expiry of the time limits provided in its national laws and, in any case, after five years from the end of the year in which the income that would be subject to such change would have accrued to an enterprise of that State.
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4. The provisions of paragraphs 2 and 3 shall not apply in the case of fraud, wilful default or neglect. ARTICLE 10 DIVIDENDS 1. Dividends paid by a company that is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other State. 2. However, such dividends may also be taxed in the Contracting State of which the company paying the dividends is a resident and according to the laws of that State, but if the beneficial owner of the dividends is a resident of the other Contracting State, the tax so charged shall not exceed: (a) 5 per cent of the gross amount of the dividends if the beneficial owner is a company that holds directly or indirectly at least 25 per cent of the capital of the company paying the dividends; and (b) 15 per cent of the gross amount of the dividends, in all other cases. The provisions of this paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are paid. 3. The term “dividends” as used in this Article means income from shares, “jouissance” shares or “jouissance” rights, mining shares, founders’ shares or other rights, not being debt claims, participating in profits, as well as income which is subjected to the same taxation treatment as income from shares by the laws of the State of which the company making the distribution is a resident. 4. The provisions of paragraph 2 shall not apply if the beneficial owner of the dividends, being a resident of a Contracting State, carries on business in the other Contracting State of which the company paying the dividends is a resident, through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the holding in respect of which the dividends are paid is effectively connected with such permanent establishment or fixed base. In such case the provisions of Article 7 or Article 14, as the case may be, shall apply. 5. Where a company that is a resident of a Contracting State derives profits or income from the other Contracting State, that other State may not impose any tax on the dividends paid by the company, except insofar as such dividends are paid to a resident of that other State or insofar as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other State, nor subject the company’s undistributed profits to a tax on undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such other State. 6. Nothing in this Convention shall be construed as preventing a Contracting State from imposing on the alienation of immovable property situated in that State by a company carrying on a trade in immovable property or on the earnings of a company attributable to a permanent establishment in that State, a tax in addition to the tax that would be chargeable on the earnings of a company that is a
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national of that State, except that any additional tax so imposed shall not exceed 5 per cent of the amount of such earnings that have not been subjected to such additional tax in previous taxation years. For the purpose of this provision, the term “earnings” means the earnings attributable to the alienation of such immovable property situated in a Contracting State as may be taxed by that State under the provisions of Article 6 or of paragraph 1 of Article 13, and the profits, including any gains, attributable to a permanent establishment in a Contracting State in a year and previous years after deducting therefrom all taxes, other than the additional tax referred to herein, imposed on such profits by that State.
ARTICLE 11 INTEREST 1. Interest arising in a Contracting State and paid to a resident of the other Contracting State may be taxed in that other State. 2. However, subject to paragraph 8, such interest may also be taxed in the Contracting State in which it arises and according to the laws of that State, but if the beneficial owner of the interest is a resident of the other Contracting State, the tax so charged shall not exceed 10 per cent of the gross amount of the interest. 3. Notwithstanding the provisions of paragraph 2: (a) interest arising in a Contracting State shall be exempt from tax in that State if the interest is beneficially owned by the other Contracting State or a political subdivision or a local authority thereof or the Central Bank of that State; (b) interest arising in the Hellenic Republic and paid to a resident of Canada shall be taxable only in Canada if it is paid in respect of a loan made, guaranteed or insured, or a credit extended, guaranteed or insured by Export Development Canada; (c) interest arising in Canada and paid to a resident of the Hellenic Republic shall be taxable only in the Hellenic Republic if it is paid in respect of a loan made, guaranteed or insured, or a credit extended, guaranteed or insured by the Hellenic Export Credit Insurance Organization. 4. The term “interest” as used in this Article means income from debt claims of every kind, whether or not secured by mortgage, and in particular, income from government securities and income from bonds or debentures, including premiums and prizes attaching to such securities, bonds or debentures, as well as income which is subjected to the same taxation treatment as income from money lent by the laws of the State in which the income arises. However, the term “interest” does not include income dealt with in Article 10. 5. The provisions of paragraphs 2 and 3 shall not apply if the beneficial owner of the interest, being a resident of a Contracting State, carries on business in the other Contracting State in which the interest arises through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the debt claim in respect of which the
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interest is paid is effectively connected with such permanent establishment or fixed base. In such case the provisions of Article 7 or Article l4, as the case may be, shall apply. 6. Interest shall be deemed to arise in a Contracting State when the payer is a resident of that State. Where, however, the person paying the interest, whether the payer is a resident of a Contracting State or not, has in a Contracting State a permanent establishment or a fixed base in connection with which the indebtedness on which the interest is paid was incurred, and such interest is borne by such permanent establishment or fixed base, then such interest shall be deemed to arise in the State in which the permanent establishment or fixed base is situated. 7. Where, by reason of a special relationship between the payer and the beneficial owner or between both of them and some other person, the amount of the interest, having regard to the debt claim for which it is paid, exceeds the amount that would have been agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the lastmentioned amount. In such case, the excess part of the payments shall remain taxable according to the laws of each Contracting State, due regard being had to the other provisions of this Convention. 8. The limitation provided in paragraph 2 shall not apply if the debt-claim in respect of which the interest is paid was created or acquired mainly for the purpose of taking advantage of this Article and not for bona fide commercial reasons. In that case, such interest may be taxed in the Contracting State in which it arises and according to laws of that State. ARTICLE 12 ROYALTIES 1. Royalties arising in a Contracting State and paid to a resident of the other Contracting State may be taxed in that other State. 2. However, subject to paragraph 8, such royalties may also be taxed in the Contracting State in which they arise and according to the laws of that State, but if the beneficial owner of the royalties is a resident of the other Contracting State, the tax so charged shall not exceed 10 per cent of the gross amount of the royalties. 3. Notwithstanding the provisions of paragraph 2, copyright royalties and other like payments in respect of the production or reproduction of any cultural or artistic work (but not including royalties in respect of motion picture films nor royalties in respect of works on film or videotape or other means of reproduction for use in connection with television broadcasting) arising in a Contracting State and paid to a resident of the other Contracting State who is the beneficial owner of the royalties shall be taxable only in that other State. 4. The term “royalties” as used in this Article means payments of any kind received as a consideration for the use of, or the right to use, any software, copyright of cultural, artistic or scientific work including motion picture films and works on films, tapes or other means of reproduction for television or radio broadcasting, any patent, trade mark, design or model, plan, secret formula or process,
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or for the use of, or the right to use, industrial, commercial or scientific equipment, or for information concerning industrial, commercial or scientific experience. 5. The provisions of paragraphs 2 and 3 shall not apply if the beneficial owner of the royalties, being a resident of a Contracting State, carries on business in the other Contracting State in which the royalties arise through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the right or property in respect of which the royalties are paid is effectively connected with such permanent establishment or fixed base. In such case the provisions of Article 7 or Article l4, as the case may be, shall apply. 6. Royalties shall be deemed to arise in a Contracting State when the payer is a resident of that State. Where, however, the person paying the royalties, whether the payer is a resident of a Contracting State or not, has in a Contracting State a permanent establishment or a fixed base in connection with which the obligation to pay the royalties was incurred, and such royalties are borne by such permanent establishment or fixed base, then such royalties shall be deemed to arise in the State in which the permanent establishment or fixed base is situated. 7. Where, by reason of a special relationship between the payer and the beneficial owner or between both of them and some other person, the amount of the royalties, having regard to the use, right or information for which they are paid, exceeds the amount that would have been agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount. In such case, the excess part of the payments shall remain taxable according to the laws of each Contracting State, due regard being had to the other provisions of this Convention. 8. The limitation provided in paragraph 2 shall not apply if the right or the property giving rise to the royalties was created or acquired mainly for the purpose of taking advantage of this Article and not for bona fide commercial reasons. In that case, such royalties may be taxed in the Contracting State in which they arise and according to the laws of that State. ARTICLE 13 CAPITAL GAINS 1. Gains derived by a resident of a Contracting State from the alienation of immovable property situated in the other Contracting State may be taxed in that other State. 2. Gains from the alienation of movable property forming part of the business property of a permanent establishment that an enterprise of a Contracting State has in the other Contracting State or of movable property pertaining to a fixed base available to a resident of a Contracting State in the other Contracting State for the purpose of performing independent personal services, including such gains from the alienation of such a permanent establishment (alone or with the whole enterprise) or of such a fixed base, may be taxed in that other State. 3. Gains from the alienation of ships or aircraft operated in international traffic or from movable property pertaining to the operation of such ships or aircraft shall be taxable in the Contracting
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State or Contracting States in which the profits from the operation of such ships or aircraft are taxable according to the provisions of Article 8. 4. Gains derived by a resident of a Contracting State from the alienation of: (a) shares (other than shares listed on an approved stock exchange in the other Contracting State) of a company the value of which shares is derived principally from immovable property situated in that other State, or (b) a substantial interest in a partnership or trust, the value of which is derived principally from immovable property situated in that other State, may be taxed in that other State. For the purposes of this paragraph, the term “immovable property” includes the shares of a company referred to in subparagraph (a) or an interest in a partnership or trust referred to in subparagraph (b) but does not include any property, other than rental property, in which the business of the company, partnership or trust is carried on. 5. Gains from the alienation of any property, other than that referred to in paragraphs l, 2, 3 and 4, shall be taxable only in the Contracting State of which the alienator is a resident. 6. Where an individual who ceases to be a resident of a Contracting State, and immediately thereafter becomes a resident of the other Contracting State, is treated for the purposes of taxation in the first-mentioned State as having alienated a property and is taxed in that State by reason thereof, the individual may elect to be treated for the purposes of taxation in the other State as if the individual had, immediately before becoming a resident of that State, sold and repurchased the property for an amount equal to its fair market value at that time. ARTICLE 14 INDEPENDENT PERSONAL SERVICES 1. Income derived by an individual who is a resident of a Contracting State in respect of professional or other activities of an independent character shall be taxable only in that State unless the individual has a fixed base regularly available in the other Contracting State for the purpose of performing the services. If the individual has or had such a fixed base, the income may be taxed in the other State but only so much of it as is attributable to that fixed base. For the purposes of this Article, when an individual is present in that other State for the purpose of performing such services for a period or periods exceeding in the aggregate 183 days in any twelvemonth period commencing or ending in the fiscal year concerned, the individual shall be deemed to have a fixed base regularly available in that other State and the income derived from the services that are performed in that other State shall be deemed to be attributable to that fixed base. 2. The term “professional services” includes especially independent scientific, literary, artistic, educational or teaching activities as well as the independent activities of physicians, lawyers, engineers, architects, dentists and accountants.
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DEPENDENT PERSONAL SERVICES 1. Subject to the provisions of Articles 16, 18 and 19, salaries, wages and other remuneration derived by a resident of a Contracting State in respect of an employment shall be taxable only in that State unless the employment is exercised in the other Contracting State. If the employment is so exercised, such remuneration as is derived therefrom may be taxed in that other State. 2. Notwithstanding the provisions of paragraph 1, salaries, wages and other remuneration derived by a resident of a Contracting State in respect of an employment exercised in the other Contracting State shall be taxable only in the first-mentioned State if: (a) the recipient is present in the other State for a period or periods not exceeding in the aggregate 183 days in any twelve month period commencing or ending in the calendar year concerned; and (b) the remuneration is paid by, or on behalf of, an employer who is not a resident of the other State; and (c) the remuneration is not borne by a permanent establishment or a fixed base that the employer has in the other State. 3. Notwithstanding the preceding provisions of this Article, salaries, wages and other remuneration derived in respect of an employment exercised aboard a ship or aircraft operated in international traffic may be taxed in the Contracting State in which the profits from the operation of the ship or aircraft are taxable according to the provisions of Article 8. ARTICLE 16 DIRECTORS’ FEES 1. Directors’ fees and other similar payments derived by a resident of a Contracting State in that resident’s capacity as a member of the board of directors of a company which is a resident of the other Contracting State may be taxed in that other State. 2. Remuneration derived by a partner who acts in the capacity of a manager of a Hellenic limited liability company or a Hellenic partnership may be taxed in the Hellenic Republic. ARTICLE 17 ENTERTAINERS AND SPORTSPERSONS 1. Notwithstanding the provisions of Articles 14 and 15, income derived by a resident of a Contracting State as an entertainer, such as a theatre, motion picture, radio or television artiste, or a musician, or as a sportsperson, from that resident’s personal activities as such exercised in the other Contracting State, may be taxed in that other State. 2. Where income in respect of personal activities exercised by an entertainer or a sportsperson in that individual’s capacity as such accrues not to the entertainer or sportsperson personally but to
Conventions fiscales
another person, that income may, notwithstanding the provisions of Articles 7, 14 and 15, be taxed in the Contracting State in which the activities of the entertainer or sportsperson are exercised. 3. The provisions of paragraph 2 shall not apply if it is established that neither the entertainer or the sportsperson nor persons related thereto, participate directly or indirectly in the profits of the person referred to in that paragraph. 4. The provisions of paragraphs 1 and 2 shall not apply to income derived from activities performed in a Contracting State by a resident of the other Contracting State which is a non-profit organization or an entertainer or sportsperson, if the visit to the first-mentioned Contracting State is substantially supported by public funds and the activities are not performed for the purpose of profit. ARTICLE 18 PENSIONS AND ANNUITIES 1. Pensions and annuities arising in a Contracting State and paid to a resident of the other Contracting State may be taxed in that other State. 2. Pensions arising in a Contracting State and paid to a resident of the other Contracting State may also be taxed in the State in which they arise and according to the law of that State, but of the total amount of such pensions paid in any calendar year to a resident of the other Contracting State, the first-mentioned Contracting State shall exempt from tax fifteen thousand Canadian dollars or the equivalent amount in euros. However, in the case of periodic pension payments, the tax so charged shall not exceed the lesser of: (a) 15 per cent of the gross amount of the total of such payments in the calendar year concerned in excess of fifteen thousand Canadian dollars or its equivalent in euros; and (b) the rate determined by reference to the amount of tax that the recipient of the payment would otherwise be required to pay for the year on the total amount of the periodic pension payments received by the individual in the year, if the individual were a resident of the Contracting State in which the payment arises. The competent authorities of the Contracting States may, if necessary, agree to modify the above-mentioned amount as a result of monetary or economic developments. 3. Annuities arising in a Contracting State and paid to a resident of the other Contracting State may also be taxed in the State in which they arise, and according to the law of that State; but the tax so charged shall not exceed 15 per cent of the portion thereof that is subject to tax in that State. However, this limitation does not apply to lump-sum payments arising on the surrender, cancellation, redemption, sale or other alienation of an annuity, or to payments of any kind under an annuity contract the cost of which was deductible, in whole or in part, in computing the income of any person who acquired the contract. 4. Notwithstanding anything in this Convention: (a) war pensions and allowances (including pensions and allowances paid to war veterans or paid as a consequence of damages or injuries suffered as a consequence of a war) arising in a Contracting State and paid to a resident of the other Contracting
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State shall be exempt from tax in that other State to the extent that they would be exempt from tax if received by a resident of the first-mentioned State; (b) alimony and other similar payments arising in a Contracting State and paid to a resident of the other Contracting State who is subject to tax therein in respect thereof shall be taxable only in that other State but the amount taxable in that other State shall not exceed the amount that would be taxable in the first-mentioned State if the recipient were a resident thereof. ARTICLE 19 GOVERNMENT SERVICE 1. (a) Salaries, wages and other similar remuneration, other than a pension, paid by a Contracting State or a political subdivision or a local authority thereof to an individual in respect of services rendered to that State or subdivision or authority shall be taxable only in that State. (b) However, such salaries, wages and other similar remuneration shall be taxable only in the other Contracting State if the services are rendered in that State and the individual is a resident of that State who: (i) is a national of that State, or (ii) did not become a resident of that State solely for the purpose of rendering the services. 2. The provisions of Articles 15, 16 and 17, as the case may be, shall apply instead of the provisions of paragraph 1 in the case of salaries, wages and other similar remuneration in respect of services rendered in connection with a business carried on by a Contracting State or a political subdivision or a local authority thereof. ARTICLE 20 STUDENTS Payments which a student or business apprentice who is, or was immediately before visiting a Contracting State, a resident of the other Contracting State and who is present in the first-mentioned State solely for the purpose of that individual’s education or training receives for the purpose of that individual’s maintenance, education or training shall not be taxed in that State, if such payments arise from sources outside that State. ARTICLE 21 OTHER INCOME 1. Items of income of a resident of a Contracting State, wherever arising, not dealt with in the foregoing Articles of this Convention shall be taxable only in that State. 2. The provisions of paragraph 1 shall not apply to income, other than income from immovable property, if the recipient of such income, being a resident of a Contracting State, carries on business in the other Contracting State through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the right or property
Conventions fiscales
in respect of which the income is paid is effectively connected with such permanent establishment or fixed base. In such case the provisions of Article 7 or Article 14, as the case may be, shall apply. 3. Notwithstanding the provisions of paragraphs 1 and 2, items of income of a resident of a Contracting State not dealt with in the foregoing Articles of the Convention and arising in the other Contracting State may also be taxed in that other State, and according to the law of that State. Where such income is income from a trust, other than a trust to which contributions were deductible, the tax so charged shall, if the income is taxable in the Contracting State in which the beneficial owner is a resident, not exceed 15 per cent of the gross amount of the income. IV. TAXATION OF CAPITAL ARTICLE 22 CAPITAL 1. Capital represented by immovable property owned by a resident of a Contracting State and situated in the other Contracting State may be taxed in that other State. 2. Capital represented by movable property forming part of the business property of a permanent establishment that an enterprise of a Contracting State has in the other Contracting State, or by movable property pertaining to a fixed base available to a resident of a Contracting State in the other Contracting State for the purpose of performing independent personal services, may be taxed in that other State. 3. Capital represented by ships or aircraft operated in international traffic and by movable property pertaining to the operation of such ships or aircraft, shall be taxable only in the Contracting State in which the profits from the operation of such ships or aircraft are taxable according to the provisions of Article 8. 4. All other elements of capital of a resident of a Contracting State shall be taxable only in that State. V. METHODS FOR ELIMINATION OF DOUBLE TAXATION ARTICLE 23 ELIMINATION OF DOUBLE TAXATION 1. In the case of the Hellenic Republic, double taxation shall be avoided as follows: (a) where a resident of the Hellenic Republic derives income or owns capital which, in accordance with the provisions of this Convention, may be taxed in Canada, the Hellenic Republic shall allow: (i) as a deduction from the tax on the income of that resident, an amount equal to the income tax paid in Canada, (ii) as a deduction from the tax on the capital of that resident, an amount equal to the capital tax paid in Canada;
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(b) subject to the existing provisions of the law of the Hellenic Republic regarding the allowance as a credit against Hellenic Republic tax of tax payable in a territory outside the Hellenic Republic and to any subsequent modification of those provisions — which shall not affect the general principle hereof — where a company which is a resident of Canada pays a dividend to a company which is a resident of the Hellenic Republic and which controls directly or indirectly at least 10 per cent of the voting power in the first-mentioned company, the credit shall take into account the tax payable in Canada by that first-mentioned company in respect of the profits out of which such dividend is paid; and (c) such deduction in either case shall not, however, exceed that part of the income tax or capital tax, as computed before the deduction is given, which is attributable, as the case may be, to the income or the capital that may be taxed in Canada. 2. In the case of Canada, double taxation shall be avoided as follows: (a) subject to the existing provisions of the law of Canada regarding the deduction from tax payable in Canada of tax paid in a territory outside Canada and to any subsequent modification of those provisions — which shall not affect the general principle hereof — and unless a greater deduction or relief is provided under the laws of Canada, tax payable in the Hellenic Republic on profits, income or gains arising in the Hellenic Republic shall be deducted from any Canadian tax payable in respect of such profits, income or gains; (b) subject to the existing provisions of the law of Canada regarding the allowance as a credit against Canadian tax of tax payable in a territory outside Canada and to any subsequent modification of those provisions — which shall not affect the general principle hereof — where a company which is a resident of the Hellenic Republic pays a dividend to a company which is a resident of Canada and which controls directly or indirectly at least 10 per cent of the voting power in the first-mentioned company, the credit shall take into account the tax payable in the Hellenic Republic by that first-mentioned company in respect of the profits out of which such dividend is paid; and (c) where, in accordance with any provision of the Convention, income derived or capital owned by a resident of Canada is exempt from tax in Canada, Canada may nevertheless, in calculating the amount of tax on other income or capital, take into account the exempted income or capital.
3. For the purposes of this Article, profits, income or gains of a resident of a Contracting State that may be taxed in the other Contracting State in accordance with this Convention shall be deemed to arise from sources in that other State.
Conventions fiscales VI. SPECIAL PROVISIONS ARTICLE 24 NON-DISCRIMINATION
1. Nationals of a Contracting State shall not be subjected in the other Contracting State to any taxation or any requirement connected therewith that is other or more burdensome than the taxation and connected requirements to which nationals of that other State in the same circumstances, in particular with respect to residence, are or may be subjected. This provision shall, notwithstanding the provisions of Article 1, also apply to individuals who are not residents of one or both of the Contracting States. 2. The taxation on a permanent establishment that an enterprise of a Contracting State has in the other Contracting State shall not be less favourably levied in that other State than the taxation levied on enterprises of that other State carrying on the same activities. This provision shall not be construed as obliging a Contracting State to grant to residents of the other Contracting State any personal allowances, reliefs and reductions for taxation purposes on account of civil status or family responsibilities that it grants to its own residents. 3. Enterprises of a Contracting State, the capital of which is wholly or partly owned or controlled, directly or indirectly, by one or more residents of the other Contracting State, shall not be subjected in the first-mentioned State to any taxation or any requirement connected therewith that is other or more burdensome than the taxation and connected requirements to which other similar enterprises that are residents of the first-mentioned State, the capital of which is wholly or partly owned or controlled, directly or indirectly, by one or more residents of a third State, are or may be subjected. 4. In this Article, the term “taxation” means taxes that are the subject of this Convention. ARTICLE 25 MUTUAL AGREEMENT PROCEDURE 1. Where a person considers that the actions of one or both of the Contracting States result or will result for that person in taxation not in accordance with the provisions of this Convention, that person may, irrespective of the remedies provided by the domestic law of those States, present the case in writing to the competent authority of the Contracting State of which that person is a resident or, if the case comes under paragraph 1 of Article 24, to that of the Contracting State of which that person is a national. The case must be presented within three years from the first notification of the action resulting in taxation not in accordance with the provisions of the Convention. 2. The competent authority shall endeavour, if the objection appears to it to be justified and if it is not itself able to arrive at a satisfactory solution, to resolve the case by mutual agreement with the competent authority of the other Contracting State, with a view to the avoidance of taxation not in accordance with the Convention. Any agreement reached shall be implemented notwithstanding any time limits in the domestic law of the Contracting States.
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3. The competent authorities of the Contracting States shall endeavour to resolve by mutual agreement any difficulties or doubts arising as to the interpretation or application of the Convention. They may also consult together for the elimination of double taxation in cases not provided for in the Convention. 4. The competent authorities of the Contracting States may communicate with each other directly for the purpose of reaching an agreement in the sense of the preceding paragraphs. 5. If any difficulty or doubt arising as to the interpretation or application of the Convention cannot be resolved by the competent authorities it may, if both competent authorities agree, be submitted for arbitration. The procedures for arbitration shall be established between the competent authorities. ARTICLE 26 EXCHANGE OF INFORMATION 1. The competent authorities of the Contracting States shall exchange such information as is foreseeably relevant for carrying out the provisions of this Convention or to the administration or enforcement of the domestic laws concerning taxes of every kind and description imposed on behalf of the Contracting States, insofar as the taxation thereunder is not contrary to the Convention. The exchange of information is not restricted by Articles 1 and 2. 2. Any information received under paragraph 1 by a Contracting State shall be treated as secret in the same manner as information obtained under the domestic laws of that State and shall be disclosed only to persons or authorities (including courts and administrative bodies) concerned with the assessment or collection of, the enforcement in respect of, or the determination of appeals in relation to taxes, or the oversight of the above. Such persons or authorities shall use the information only for such purposes. They may disclose the information in public court proceedings or in judicial decisions.
3. In no case shall the provisions of paragraphs 1 and 2 be construed so as to impose on a Contracting State the obligation: (a) to carry out administrative measures at variance with the laws and the administrative practice of that or of the other Contracting State; (b) to supply information that is not obtainable under the laws or in the normal course of the administration of that or of the other Contracting State; or (c) to supply information that would disclose any trade, business, industrial, commercial or professional secret or trade process, or information, the disclosure of which would be contrary to public policy (ordre public). 4. If information is requested by a Contracting State in accordance with this Article, the other Contracting State shall use its information gathering measures to obtain the requested information, even though the other State does not need such information for its own tax purposes. The obligation contained in the preceding sentence is subject to the limitations of paragraph 3 but in no case
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shall such limitations be construed to permit a Contracting State to decline to supply information solely because it has no domestic interest in such information. 5. In no case shall the provisions of paragraph 3 be construed to permit a Contracting State to decline to supply information solely because the information is held by a bank, other financial institution, nominee or person acting in an agency or fiduciary capacity or because the information relates to ownership interests in a person.
ARTICLE 27 MEMBERS OF DIPLOMATIC MISSIONS AND CONSULAR POSTS 1. Nothing in this Convention shall affect the fiscal privileges of members of diplomatic missions or consular posts under the general rules of international law or under the provisions of special agreements. 2. Notwithstanding the provisions of Article 4, an individual who is a member of a diplomatic mission, consular post or permanent mission of a Contracting State that is situated in the other Contracting State or in a third State shall be deemed for the purposes of the Convention to be a resident of the sending State if that individual is liable in the sending State to the same obligations in relation to tax on total income as are residents of that sending State. 3. The Convention shall not apply to international organizations, to organs or officials thereof and to persons who are members of a diplomatic mission, consular post or permanent mission of a third State or group of States, being present in a Contracting State and who are not liable in either Contracting State to the same obligations in relation to tax on their total income as are residents thereof.
ARTICLE 28 MISCELLANEOUS RULES 1. The provisions of this Convention shall not be construed to restrict in any manner any exemption, allowance, credit or other deduction now or hereafter accorded: (a) by the laws of a Contracting State in the determination of the tax imposed by that State; or (b) by any other agreement entered into by a Contracting State. 2. Nothing in the Convention shall be construed as preventing Canada from imposing a tax on amounts included in the income of a resident of Canada with respect to a partnership, trust, company, or other entity in which that resident has an interest. 3. Contributions in a year in respect of services rendered in that year paid by, or on behalf of, an individual who is a resident of a Contracting State or who is temporarily present in that State to a pension plan that is recognized for tax purposes in the other
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Contracting State shall, during a period not exceeding in the aggregate 60 months, be treated in the same way for tax purposes in the first-mentioned State as a contribution paid to a pension plan that is recognized for tax purposes in that first-mentioned State, if (a) such individual was contributing on a regular basis to the pension plan for a period ending immediately before that individual became a resident of or temporarily present in the first-mentioned State; and (b) the competent authority of the first-mentioned State agrees that the pension plan generally corresponds to a pension plan recognized for tax purposes by that State. For the purposes of this paragraph, “pension plan” includes a pension plan created under the social security system in a Contracting State.
VII. FINAL PROVISIONS ARTICLE 29 ENTRY INTO FORCE 1. Each of the Contracting States shall notify the other through diplomatic channels of the completion of the procedures required by law for the bringing into force of this Convention. The Convention shall enter into force on the date of the later of these notifications and its provisions shall thereupon have effect: (a) in the Hellenic Republic, on income derived on or after the first day of January of the calendar year next following that in which the Convention enters into force; (b) in Canada (i) in respect of tax withheld at the source on amounts paid or credited to non-residents, on or after the first day of January of the calendar year next following that in which the Convention enters into force, and (ii) in respect of other Canadian tax for taxation years beginning on or after the first day of January of the calendar year next following that in which the Convention enters into force. 2. The exchange of notes dated September 30, 1929 recording an Agreement between Canada and the Hellenic Republic providing for the reciprocal exemption from income tax of earnings derived from the operation of ships is terminated. Its provisions shall cease to have effect from the date on which the corresponding provisions of this Convention take effect in accordance with the provisions of paragraph 1. ARTICLE 30 TERMINATION This Convention shall remain in force until terminated by a Contracting State. Either Contracting State may terminate the Convention, through diplomatic channels, by giving notice of termination at least six months before the end of any calendar year. In such event, the Convention shall cease to have effect:
Conventions fiscales
(a) in the Hellenic Republic, on income derived on or after the first day of January of the next following calendar year; (b) in Canada (i) in respect of tax withheld at the source on amounts paid or credited to non-residents, on or after the first day of January of the next following calendar year, and (ii) in respect of other Canadian tax for taxation years beginning on or after the first day of January of the next following calendar year. IN WITNESS WHEREOF the undersigned, duly authorised thereto, have signed this Convention. DONE in duplicate at Athens, this 29th day of June 2009, each in the English, French and Greek languages, each version being equally authentic. Lawrence Cannon Minister of Foreign Affairs FOR CANADA Dora Bakoyannis Minister of Foreign Affairs FOR THE HELLENIC REPUBLIC
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1. At the time of signing of this Convention between Canada and the Hellenic Republic for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income and on Capital, the undersigned have agreed upon the following provisions which shall be an integral part of the Convention. 2. It is understood that: (i) In paragraph 1(i) of Article 3, for greater certainty, the term “operated solely between places in a Contracting State” refers to a single voyage undertaken by a ship or aircraft. (ii) Notwithstanding Articles 7 and 8, profits derived from the operation of ships or aircraft used principally to transport passengers or goods exclusively between places in a Contracting State may be taxed in that State. This provision shall also apply to profits from the participation in a pool, a joint business or an international operating agency. (iii) With respect to paragraph 6 of Article 13, in the event that the Canadian departure tax rules, for which that paragraph is relevant, are significantly amended or replaced, paragraph 6 of Article 13 shall be replaced by the following: “6. The provisions of paragraph 5 shall not affect the right of a Contracting State to levy, according to its law, a tax on gains from the alienation of any property derived by an individual who is a resident of the other Contracting State and has been a resident of the first-mentioned State at any time during the five years immediately preceding the alienation of the property.” (iv) For the purposes of Article 15, the term “employer” means the person having rights on the work produced and bearing the relative responsibility and risks. (v) The Convention shall not apply to any company, trust or other entity that is a resident of a Contracting State and is beneficially owned or controlled, directly or indirectly, by one or more persons who are not residents of that State, if the amount of the tax imposed on the income or capital of the company, trust or other entity by that State is substantially lower than the amount that would be imposed by that State (after taking into account any reduction or offset of the amount of tax in any manner, including a refund, reimbursement, contribution, credit, or allowance to the company, trust or other entity, or to any other person) if all of the shares of the capital stock of the company or all of the interests in the trust or other entity, as the case may be, were beneficially owned by one or more individuals who were residents of that State. (vi) Irrespective of the participation of the Contracting States in the General Agreement on Trade in Services (GATS), or in other international agreements, the Contracting States in their tax relations shall be covered by the provisions of this Convention.
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IN WITNESS whereof the undersigned, duly authorised thereto, by their respective Governments, have signed this Protocol. DONE in duplicate at Athens, this 29th day of June 2009, each in the English, French and Greek languages, each version being equally authentic. Lawrence Cannon Minister of Foreign Affairs FOR CANADA Dora Bakoyannis Minister of Foreign Affairs FOR THE HELLENIC REPUBLIC
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Tax Conventions, 2 SCHEDULE 3 (Section 4) SCHEDULE 1 (Section 2)
AGREEMENT BETWEEN CANADA AND THE REPUBLIC OF TURKEY FOR THE AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION OF FISCAL EVASION WITH RESPECT TO TAXES ON INCOME AND ON CAPITAL Canada and the Republic of Turkey, Desiring to conclude an Agreement for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and on capital, Have agreed as follows: I. SCOPE OF THE CONVENTION ARTICLE 1 PERSONS COVERED This Agreement shall apply to persons who are residents of one or both of the Contracting States. ARTICLE 2 TAXES COVERED 1. This Agreement shall apply to taxes on income and on capital imposed on behalf of each Contracting State irrespective of the manner in which they are levied. 2. There shall be regarded as taxes on income and on capital all taxes imposed on total income, on total capital, or on elements of income or of capital, including taxes on gains from the alienation of movable or immovable property, as well as taxes on capital appreciation. 3. The existing taxes to which the Agreement shall apply are, in particular: (a) in the case of Canada, the taxes imposed by the Government of Canada under the Income Tax Act (hereinafter referred to as “Canadian tax”); (b) in the case of Turkey: (i) the income tax (Gelir Vergisi); (ii) the corporation tax (Kurumlar Vergisi); and (iii) the levy imposed on the income tax and the corporation tax; (hereinafter referred to as “Turkish tax”). 4. The Agreement shall apply also to any substantially similar taxes and to taxes on capital which are imposed after the date of signature of the Agreement in addition to, or in place of, the existing taxes. The competent authorities of the Contracting States shall notify each other of substantial changes which have been made in their respective taxation laws.
Conventions fiscales II. DEFINITIONS ARTICLE 3 GENERAL DEFINITIONS
1. For the purposes of this Agreement, unless the context otherwise requires: (a) the term “Canada” means the territory of Canada, including its land territory, internal waters and territorial sea, and includes the air space above these areas, as well as the exclusive economic zone and the continental shelf, as determined by its domestic law, consistent with international law; (b) the term “Turkey” means the Turkish territory, territorial sea, as well as the maritime areas over which it has jurisdiction or sovereign rights for the purposes of exploration, exploitation and conservation of natural resources, pursuant to international law; (c) the terms “a Contracting State” and “the other Contracting State” mean Turkey or Canada as the context requires; (d) the term “person” includes an individual, an estate, a trust, a company and any other body of persons; (e) the term “company” means any body corporate or any entity which is treated as a body corporate for tax purposes; (f) the terms “enterprise of a Contracting State” and “enterprise of the other Contracting State” mean respectively an enterprise carried on by a resident of a Contracting State and an enterprise carried on by a resident of the other Contracting State; (g) the term “competent authority” means: (i) in Canada, the Minister of National Revenue or the Minister’s authorized representative; (ii) in Turkey, the Minister of Finance or the Minister’s authorized representative; (h) the term “tax” means any tax covered by Article 2; (i) the term “international traffic” means any transport by a ship or aircraft operated by an enterprise of a Contracting State, except when the ship or aircraft is operated solely between places situated in the territory of the other Contracting State; (j) the term “national” means: (i) any individual possessing the nationality of a Contracting State; (ii) any legal person, partnership and association deriving its status as such from the laws in force in a Contracting State.
2. As regards the application of the Agreement by a Contracting State any term not defined therein shall, unless the context otherwise requires, have the meaning which it has under the laws of that State for the purposes of the taxes to which the Agreement applies.
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Tax Conventions, 2 ARTICLE 4 RESIDENT
1. For the purposes of this Agreement, the term “resident of a Contracting State” means any person who, under the laws of that State, is liable to tax therein by reason of the person’s domicile, residence, place of registration, place of management or any other criterion of a similar nature. 2. Where by reason of the provisions of paragraph 1 an individual is a resident of both Contracting States, then the individual’s status shall be determined as follows: (a) the individual shall be deemed to be a resident only of the State in which the individual has a permanent home available; if the individual has a permanent home available in both States, the individual shall be deemed to be resident only of the State with which the individual’s personal and economic relations are closer (centre of vital interests); (b) if the State in which the individual’s centre of vital interests is situated cannot be determined, or if there is not a permanent home available to the individual in either State, the individual shall be deemed to be a resident only of the State in which the individual has an habitual abode; (c) if the individual has an habitual abode in both States or in neither of them, the individual shall be deemed to be a resident only of the State of which the individual is a national; (d) if the individual is a national of both States or of neither of them, the competent authorities of the Contracting States shall settle the question by mutual agreement. 3. Where by reason of the provision of paragraph 1 a person other than an individual is a resident of both Contracting States, then it shall be deemed to be a resident only of the Contracting State in which it has been incorporated (registered) or, where that person has not been incorporated (registered) in either State, the competent authorities of the Contracting States shall by mutual agreement endeavour to settle the question and to determine the mode of application of the Agreement to such person. In the absence of such agreement, such person shall not be entitled to claim any relief or exemption from tax provided by the Agreement. ARTICLE 5 PERMANENT ESTABLISHMENT 1. For the purposes of this Agreement, the term “permanent establishment” means a fixed place of business through which the business of an enterprise is wholly or partly carried on. 2. The term “permanent establishment” includes especially: (a) a place of management; (b) a branch; (c) an office; (d) a factory; (e) a workshop;
Conventions fiscales
(f) a mine, an oil or gas well, a quarry or any other place of extraction of natural resources. 3. The term “permanent establishment” shall also include: (a) a building site, a construction, assembly or installation project or supervisory activities in connection therewith, but only if such site, project or activities continue for a period of more than six months; and (b) the furnishing of services, including consulting services, by an enterprise of a Contracting State through employees or other individuals engaged by the enterprise for such purposes in the other Contracting State, but only where such activities continue (for the same or a connected project) within that State for a period or periods aggregating more than 183 days within any twelve month period. 4. Notwithstanding the preceding provisions of this Article, the term “permanent establishment” shall be deemed not to include: (a) the use of facilities solely for the purpose of storage, display or delivery of goods or merchandise belonging to the enterprise; (b) the maintenance of a stock of goods or merchandise belonging to the enterprise solely for the purpose of storage, display or delivery; (c) the maintenance of a stock of goods or merchandise belonging to the enterprise solely for the purpose of processing by another enterprise; (d) the maintenance of a fixed place of business solely for the purpose of purchasing goods or merchandise or of collecting information, for the enterprise; (e) the maintenance of a fixed place of business solely for the purpose of carrying on, for the enterprise, any other activity of a preparatory or auxiliary character; (f) the maintenance of a fixed place of business solely for any combination of activities mentioned in subparagraphs (a) to (e), provided that the overall activity of the fixed place of business resulting from this combination is of a preparatory or auxiliary character. 5. Notwithstanding the provisions of paragraphs 1 and 2, where a person — other than an agent of independent status to whom paragraph 6 applies — is acting in a Contracting State on behalf of an enterprise of the other Contracting State, that enterprise shall be deemed to have a permanent establishment in the first-mentioned Contracting State in respect of any activities which that person undertakes for the enterprise, if such a person: (a) has and habitually exercises in that State an authority to conclude contracts in the name of the enterprise, unless the activities of such person are limited to those mentioned in paragraph 4 which, if exercised through a fixed place of business would not make this fixed place of business a permanent establishment under the provisions of that paragraph; or (b) has no such authority, but habitually maintains in the firstmentioned State a stock of goods or merchandise from which such person regularly delivers goods or merchandise on behalf of the enterprise.
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6. An enterprise shall not be deemed to have a permanent establishment in a Contracting State merely because it carries on business in that State through a broker, general commission agent or any other agent of an independent status, provided that such persons are acting in the ordinary course of their business. 7. The fact that a company which is a resident of a Contracting State controls or is controlled by a company which is a resident of the other Contracting State, or which carries on business in that other State (whether through a permanent establishment or otherwise), shall not of itself constitute either company a permanent establishment of the other. III. TAXATION OF INCOME ARTICLE 6 INCOME FROM IMMOVABLE PROPERTY 1. Income derived by a resident of a Contracting State from immovable property (including income from agriculture or forestry) situated in the other Contracting State may be taxed in that other State. 2. The term “immovable property” shall have the meaning which it has under the law of the Contracting State in which the property in question is situated. The term shall in any case include property accessory to immovable property, livestock and equipment used in agriculture and forestry, rights to which the provisions of general law respecting landed property apply, usufruct of immovable property and rights to variable or fixed payments as consideration for the working of, or the right to work, mineral deposits, sources and other natural resources; ships and aircraft shall not be regarded as immovable property. 3. The provisions of paragraph 1 shall apply to income derived from the direct use, letting, or use in any other form of immovable property. 4. The provisions of paragraphs 1 and 3 shall also apply to the income from immovable property of an enterprise and to income from immovable property used for the performance of independent personal services. ARTICLE 7 BUSINESS PROFITS 1. The profits of an enterprise of a Contracting State shall be taxable only in that State unless the enterprise carries on business in the other Contracting State through a permanent establishment situated therein. If the enterprise carries on business as aforesaid, the profits of the enterprise may be taxed in the other State but only so much of them as is attributable to that permanent establishment. 2. Subject to the provisions of paragraph 3, where an enterprise of a Contracting State carries on business in the other Contracting State through a permanent establishment situated therein, there shall in
Conventions fiscales
each Contracting State be attributed to that permanent establishment the profits which it might be expected to make if it were a distinct and separate enterprise engaged in the same or similar activities under the same or similar conditions and dealing wholly independently with the enterprise of which it is a permanent establishment. 3. In determining the profits of a permanent establishment, there shall be allowed those deductible expenses which are incurred for the purposes of the permanent establishment, including executive and general administrative expenses so incurred, whether in the State in which the permanent establishment is situated or elsewhere. No deductions shall be allowed for sums which are paid (other than the reimbursement of expenses actually incurred) by the permanent establishment to the head office or any other office of the enterprise as royalties, fees or other similar payments in respect of the use of licences, patents or other rights, as commission for services rendered or for management, or, except in the case of a banking enterprise, as interest on sums loaned to the permanent establishment.
4. No profits shall be attributed to a permanent establishment by reason of the mere purchase by that permanent establishment of goods or merchandise for the enterprise. 5. Where profits include items of income which are dealt with separately in other Articles of this Agreement, then the provisions of those Articles shall not be affected by the provisions of this Article. ARTICLE 8 SHIPPING AND AIR TRANSPORT 1. Profits derived by an enterprise of a Contracting State from the operation of ships or aircraft in international traffic shall be taxable only in that State. 2. The provisions of paragraph 1 shall also apply to profits referred to in that paragraph derived by an enterprise of a Contracting State from its participation in a pool, a joint business or an international operation agency. ARTICLE 9 ASSOCIATED ENTERPRISES 1. Where (a) an enterprise of a Contracting State participates directly or indirectly in the management, control or capital of an enterprise of the other Contracting State, or (b) the same persons participate directly or indirectly in the management, control or capital of an enterprise of a Contracting State and an enterprise of the other Contracting State, and in either case conditions are made or imposed between the two enterprises in their commercial or financial relations which differ from those which would be made between independent enterprises, then any profits which would, but for those conditions, have accrued to one of the enterprises, but, by reason of those conditions, have not so accrued, may be included in the profits of that enterprise and taxed accordingly.
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2. Where a Contracting State includes in the profits of an enterprise of that State — and taxes accordingly — profits on which an enterprise of the other Contracting State has been charged to tax in that other State and the profits so included are profits which would have accrued to the enterprise of the first-mentioned State if the conditions made between the two enterprises had been those which would have been made between independent enterprises, then that other State shall make an appropriate adjustment to the amount of the tax charged therein on those profits, where that other State considers the adjustment justified. In determining such adjustment, due regard shall be had to the other provisions of this Agreement and the competent authorities of the Contracting States shall if necessary consult each other. 3. A Contracting State shall not change the profits of an enterprise in the circumstances referred to in paragraph 1 after the expiry of the time limits provided in its national laws and, in any case, after five years from the end of the year in which the profits which would be subject to such change would have accrued to an enterprise of that State. 4. The provisions of paragraphs 2 and 3 shall not apply in the case of fraud, wilful default or neglect. ARTICLE 10 DIVIDENDS 1. Dividends paid by a company which is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other State. 2. However, such dividends may also be taxed in the Contracting State of which the company paying the dividends is a resident, and according to the laws of that State, but if the beneficial owner of the dividends is a resident of the other Contracting State, the tax so charged shall not exceed, as the case may be: (a) 15 per cent of the gross amount of the dividends if the beneficial owner is a company (other than a partnership) which holds directly shares representing at least 10 per cent of the voting power of the company paying the dividends, (b) 20 per cent of the gross amount of the dividends in all other cases. The provisions of this paragraph shall not affect the taxation of the company on the profits out of which the dividends are paid. 3. The term “dividends” as used in this Article means income from shares, “jouissance” shares or “jouissance” rights, founders’ shares or other rights, not being debt-claims, participating in profits, as well as income which is subjected to the same taxation treatment as income from shares by the laws of the State of which the company making the distribution is a resident. 4. The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the dividends, being a resident of a Contracting State, carries on business in the other Contracting State of which the company paying the dividends is a resident, through a permanent establishment situated therein, and the holding in respect of which the dividends are paid is effectively connected with such permanent establishment. In such case the provisions of Article 7 shall apply.
Conventions fiscales
5. Where a company which is a resident of a Contracting State derives profits or income from the other Contracting State, that other State may not impose any tax on the dividends paid by the company, except insofar as such dividends are paid to a resident of that other State or insofar as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other State, nor subject the company’s undistributed profits to a tax on undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such other State. 6. Nothing in this Agreement shall be construed as preventing a Contracting State from imposing on the profits of a company attributable to a permanent establishment in that State, a tax in addition to the tax which would be chargeable on the profits of a company which is a resident and, in the case of Canada, a national of that State, provided that any additional tax so imposed shall not exceed: (a) in the case of Canada, 15 per cent of the amount of such profits which have not been subjected to such additional tax in previous taxation years and which are attributable to the permanent establishment in a year and previous years after deducting therefrom all taxes, other than the additional tax referred to herein, imposed on such profits by Canada; (b) in the case of Turkey, 20 per cent of the profits attributable to the permanent establishment situated in Turkey after deducting therefrom the tax which would be chargeable on the profits of a company which is a resident of Turkey. ARTICLE 11 INTEREST 1. Interest arising in a Contracting State and paid to a resident of the other Contracting State may be taxed in that other State. 2. However, such interest may also be taxed in the Contracting State in which it arises, and according to the laws of that State, but if the beneficial owner of the interest is a resident of the other Contracting State, the tax so charged shall not exceed 15 per cent of the gross amount of the interest. 3. Notwithstanding the provisions of paragraph 2, interest arising in: (a) Canada and paid to the Government of Turkey or to the Central Bank of Turkey (Türkiye Cumhuriyet Merkez Bankası) shall be exempt from Canadian tax; (b) Turkey and paid to the Government of Canada or to the Bank of Canada shall be exempt from Turkish tax. 4. The term “interest” as used in this Article means income from government securities, bonds or debentures, whether or not secured by mortgage and whether or not carrying a right to participate in profits, and debt-claims of every kind as well as all other income assimilated to income from money lent by the taxation law of the State in which the income arises. However, the term “interest” does not include income dealt with in Article 10.
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5. The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the interest, being a resident of a Contracting State, carries on business in the other Contracting State in which the interest arises, through a permanent establishment situated therein, and the debt-claim in respect of which the interest is paid is effectively connected with such permanent establishment. In such case the provisions of Article 7 shall apply. 6. Interest shall be deemed to arise in a Contracting State when the payer is that State itself, a political subdivision, a local authority or a resident of that State. Where, however, the person paying the interest, whether the payer is a resident of a Contracting State or not, has in a Contracting State a permanent establishment or a fixed base in connection with which the indebtedness on which the interest is paid was incurred, and such interest is borne by such permanent establishment or fixed base, then such interest shall be deemed to arise in the Contracting State in which the permanent establishment or fixed base is situated. 7. Where, by reason of a special relationship between the payer and the beneficial owner or between both of them and some other person, the amount of the interest, having regard to the debt-claim for which it is paid, exceeds the amount which would have been agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount. In such case, the excess part of the payments shall remain taxable according to the laws of each Contracting State, due regard being had to the other provisions of this Agreement. ARTICLE 12 ROYALTIES 1. Royalties arising in a Contracting State and paid to a resident of the other Contracting State may be taxed in that other State. 2. However, such royalties may also be taxed in the Contracting State in which they arise, and according to the laws of that State, but if the beneficial owner of the royalties is a resident of the other Contracting State, the tax so charged shall not exceed 10 per cent of the gross amount of the royalties. 3. The term “royalties” as used in this Article means payments of any kind received as a consideration for the use of, the right to use or the sale of, any copyright of literary, artistic or scientific work including cinematograph films and recordings for radio and television, any patent, trade mark, design or model, plan, secret formula or process, or for information concerning, industrial, commercial or scientific experience or for the use of, or the right to use industrial, commercial, or scientific equipment.
4. The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the royalties, being a resident of a Contracting State, carries on business in the other Contracting State in which the royalties arise, through a permanent establishment situated therein, and the right or property in respect of which the royalties are paid is effectively connected with such permanent establishment. In such case the provisions of Article 7 shall apply.
Conventions fiscales
5. Royalties shall be deemed to arise in a Contracting State when the payer is that State itself, a political subdivision, a local authority or a resident of that State. Where, however, the person paying the royalties, whether the payer is a resident of a Contracting State or not, has in a Contracting State a permanent establishment or a fixed base in connection with which the obligation to pay the royalties was incurred, and such royalties are borne by such permanent establishment or fixed base, then such royalties shall be deemed to arise in the State in which the permanent establishment or fixed base is situated. 6. Where, by reason of a special relationship between the payer and the beneficial owner or between both of them and some other person, the amount of the royalties, having regard to the use, right or information for which they are paid, exceeds the amount which would have been agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount. In such case, the excess part of the payment shall remain taxable according to the laws of each Contracting State, due regard being had to the other provisions of this Agreement. ARTICLE 13 CAPITAL GAINS 1. Gains derived by a resident of a Contracting State from the alienation of immovable property referred to in Article 6 and situated in the other Contracting State may be taxed in that other State. 2. Gains from the alienation of movable property forming part of the business property of a permanent establishment which an enterprise of a Contracting State has in the other Contracting State or of movable property pertaining to a fixed base available to a resident of a Contracting State in the other Contracting State for the purpose of performing independent personal services, including such gains from the alienation of such a permanent establishment (alone or with the whole enterprise) or of such a fixed base, may be taxed in that other State. 3. Gains from the alienation of ships or aircraft operated by an enterprise of a Contracting State in international traffic, or movable property pertaining to the operation of such ships or aircraft, shall be taxable only in that State. 4. Gains from the alienation of: (a) shares of the capital stock of a company the value of which is derived principally from immovable property situated in a Contracting State, and (b) an interest in a partnership, trust or estate, the value of which is derived principally from immovable property situated in a Contracting State, may be taxed in that State. For the purposes of this paragraph, the term “immovable property” includes the shares of a company referred to in subparagraph (a) or an interest in a partnership, trust or estate referred to in subparagraph (b).
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5. Gains from the alienation of any property other than that referred to in paragraphs 1, 2, 3 and 4 shall be taxable only in the Contracting State of which the alienator is a resident. However, such gains derived from the other Contracting State may also be taxed in that other State provided that the alienation of the property giving rise to the gain occurs not later than one year after the acquisition of that property by the alienator. 6. The provisions of paragraph 5 shall not affect the right of a Contracting State to levy, according to its domestic law, a tax on gains from the alienation of any property (other than a property described in paragraph 7) derived by an individual who is a resident of the other Contracting State and who was resident in the firstmentioned State at any time during the five years immediately preceding the alienation of the property unless the property was never owned by the individual while the individual was a resident of the first-mentioned State. 7. Where an individual who ceases to be a resident of a Contracting State, and immediately thereafter becomes a resident of the other Contracting State, is treated for the purposes of taxation in the first-mentioned State as having alienated a property and is taxed in that State by reason thereof, the individual may elect to be treated for the purposes of taxation in the other State as if the individual had, immediately before becoming a resident of that State, sold and repurchased the property for an amount equal to its fair market value at that time. However, this provision shall not apply to property from which any gain could have been taxed by the other State in accordance with the provisions of this Article, other than this paragraph, if the individual had realized the gain before becoming a resident of that other State. ARTICLE 14 INDEPENDENT PERSONAL SERVICES 1. Income derived by an individual who is a resident of a Contracting State in respect of professional services or other activities of an independent character shall be taxable only in that State. However, such income may also be taxed in the other Contracting State if such services or activities are performed in that other State and if: (a) the individual has a fixed base regularly available in that other State for the purpose of performing those services or activities; or (b) the individual is present in that other State for the purpose of performing those services or activities for a period or periods amounting in the aggregate to 183 days or more in any continuous period of 12 months. In such circumstances, only so much of the income as is attributable to that fixed base or is derived from the services or activities performed during that period of the individual’s presence in that other State, as the case may be, may be taxed in that other State. 2. The term “professional services” includes especially independent scientific, literary, artistic, educational or teaching activities as well as the independent activities of physicians, lawyers, engineers, architects, dentists and accountants as well as other activities requiring specific professional skill.
Conventions fiscales ARTICLE 15 DEPENDENT PERSONAL SERVICES
1. Subject to the provisions of Articles 16, 18, 19 and 20, salaries, wages and other similar remuneration derived by a resident of a Contracting State in respect of an employment shall be taxable only in that State unless the employment is exercised in the other Contracting State. If the employment is so exercised, such remuneration as is derived therefrom may be taxed in that other State. 2. Notwithstanding the provisions of paragraph 1, remuneration derived by a resident of a Contracting State in respect of an employment exercised in the other Contracting State shall be taxable only in the first-mentioned State if: (a) the recipient is present in the other State for a period or periods not exceeding in the aggregate 183 days in any twelve month period commencing or ending in the calendar year concerned, and (b) the remuneration is paid by, or on behalf of, an employer who is not a resident of the other State, and (c) the remuneration is not borne by a permanent establishment or a fixed base which the employer has in the other State.
3. Notwithstanding the preceding provisions of this Article, remuneration derived in respect of an employment exercised aboard a ship or aircraft operated in international traffic by an enterprise of a Contracting State, may be taxed in that State. ARTICLE 16 DIRECTORS’ FEES Directors’ fees and other similar payments derived by a resident of a Contracting State in that resident’s capacity as a member of the board of directors or a similar organ of a company which is a resident of the other Contracting State, may be taxed in that other State. ARTICLE 17 ARTISTES AND SPORTSPERSONS 1. Notwithstanding the provisions of Articles 7, 14 and 15, income derived by a resident of a Contracting State as an entertainer, such as a theatre, motion picture, radio or television artiste, or a musician, or as a sportsperson, from that resident’s personal activities as such exercised in the other Contracting State, may be taxed in that other State. 2. Where income in respect of personal activities exercised by an entertainer or a sportsperson in that individual’s capacity as such accrues not to the entertainer or sportsperson personally but to another person, that income may, notwithstanding the provisions of Articles 7, 14 and 15, be taxed in the Contracting State in which the activities of the entertainer or sportsperson are exercised.
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3. The provisions of paragraph 2 shall not apply if it is established that neither the entertainer or the sportsperson nor persons related thereto, participate directly or indirectly in the profits of the person referred to in that paragraph. 4. Notwithstanding the provisions of paragraphs 1 and 2, income derived from such activities as defined in paragraph 1 performed within the framework of cultural exchange programs between the Contracting States shall be exempt from tax in the Contracting State in which these activities are exercised. ARTICLE 18 PENSIONS AND ANNUITIES 1. Pensions and annuities arising in a Contracting State and paid to a resident of the other Contracting State may be taxed in that other State. 2. Pensions arising in a Contracting State and paid to a resident of the other Contracting State may also be taxed in the State in which they arise, and according to the laws of that State, but in the case of periodic pension payments, the tax so charged shall not exceed the lesser of (a) 15 per cent of the gross amount of such periodic pension payments paid to the recipient in the calendar year concerned that exceeds twelve thousand Canadian dollars or its equivalent in Turkish liras at the dates of payment; and (b) the rate determined by reference to the amount of tax that the recipient of the payment would otherwise be required to pay for the year on the total amount of the periodic pension payments received by the individual in the year, if the individual were a resident of the Contracting State in which the payment arises. The competent authorities of the Contracting States may, if necessary, agree to modify the above-mentioned amount as a result of monetary or economic developments. 3. Annuities arising in a Contracting State and paid to a resident of the other Contracting State may also be taxed in the State in which they arise, and according to the law of that State; but the tax so charged shall not exceed 15 per cent of the portion thereof that is subject to tax in that State. However, this limitation does not apply to lump-sum payments arising on the surrender, cancellation, redemption, sale or other alienation of an annuity, or to payments of any kind under an annuity contract the cost of which was deductible, in whole or in part, in computing the income of any person who acquired the contract. 4. Notwithstanding anything in this Agreement: (a) war pensions and allowances (including pensions and allowances paid to war veterans or paid as a consequence of damages or injuries suffered as a consequence of a war) arising in a Contracting State and paid to a resident of the other Contracting State shall be exempt from tax in that other State to the extent that they would be exempt from tax if received by a resident of the first-mentioned State; and (b) alimony and other similar payments arising in a Contracting State and paid to a resident of the other Contracting State who is subject to tax therein in respect thereof, shall be taxable only in
Conventions fiscales
that other State but the amount taxable in that other State shall not exceed the amount that would be taxable in the first-mentioned State if the recipient were a resident thereof. 5. For the purposes of the Agreement, the term “annuities” means a stated sum paid periodically at stated times during life or during a specified number of years, under an obligation to make the payments in return for adequate and full consideration (other than services rendered), but does not include a payment that is not a periodic payment or any annuity the cost of which was deductible for the purposes of taxation in the Contracting State in which it was acquired. ARTICLE 19 GOVERNMENT SERVICE 1. (a) Salaries, wages and other similar remuneration, other than a pension, paid by a Contracting State or a political subdivision or a local authority thereof to an individual in respect of services rendered to that State or subdivision or authority shall be taxable only in that State. (b) However, such salaries, wages and other similar remuneration shall be taxable only in the other Contracting State if the services are rendered in that other State and the individual is a resident of that other State who: (i) is a national of that other State but not a national of the firstmentioned State; or (ii) did not become a resident of that State solely for the purpose of rendering the services. 2. Notwithstanding paragraph 1, the provisions of Articles 15, 16 and 17 shall apply to salaries, wages and other similar remuneration in respect of services rendered in connection with a business carried on by a Contracting State or a political subdivision or a local authority thereof. ARTICLE 20 STUDENTS Payments which a student, apprentice or business trainee who is, or was immediately before visiting a Contracting State, a resident of the other Contracting State and who is present in the first-mentioned State solely for the purpose of that individual’s education or training receives for the purpose of that individual’s maintenance, education or training shall not be taxed in that State, provided that such payments arise from sources outside that State. ARTICLE 21 OTHER INCOME 1. Subject to the provisions of paragraph 2, items of income of a resident of a Contracting State, wherever arising, not dealt with in the foregoing Articles of this Agreement shall be taxable only in that State.
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2. However, if such income is derived by a resident of a Contracting State from sources in the other Contracting State, such income may also be taxed in the State in which it arises, and according to the law of that State. IV. TAXATION OF CAPITAL ARTICLE 22 CAPITAL 1. Capital represented by immovable property referred to in Article 6, owned by a resident of a Contracting State and situated in the other Contracting State, may be taxed in that other State. 2. Capital represented by movable property forming part of the business property of a permanent establishment which an enterprise of a Contracting State has in the other Contracting State or by movable property pertaining to a fixed base available to a resident of a Contracting State in the other Contracting State for the purpose of performing independent personal services, may be taxed in that other State. 3. Capital represented by ships and aircraft operated by an enterprise of a Contracting State in international traffic and by movable property pertaining to the operation of such ships and aircraft, shall be taxable only in that State. 4. All other elements of capital of a resident of a Contracting State shall be taxable only in that State. V. METHODS FOR PREVENTION OF DOUBLE TAXATION ARTICLE 23 ELIMINATION OF DOUBLE TAXATION 1. In the case of Canada, double taxation shall be avoided as follows: (a) subject to the existing provisions of the law of Canada regarding the deduction from tax payable in Canada of tax paid in a territory outside Canada and to any subsequent modification of those provisions — which shall not affect the general principle hereof — and unless a greater deduction or relief is provided under the laws of Canada, tax payable in Turkey on profits, income or gains arising in Turkey shall be deducted from any Canadian tax payable in respect of such profits, income or gains. For the purposes of this subparagraph, profits, income or gains of a resident of Canada which are taxed in Turkey in accordance with this Agreement shall be deemed to arise from sources in Turkey; (b) subject to the existing provisions of the law of Canada regarding the allowance as a credit against Canadian tax of tax payable in a territory outside Canada and to any subsequent modification of those provisions — which shall not affect the general principle hereof — where a company which is a resident of Turkey pays a dividend to a company which is a resident of Canada and which controls directly or indirectly at least 10 per cent of the voting power in the first-mentioned company, the credit shall take into account the tax payable in Turkey by that first-mentioned company in respect of the profits out of which such dividend is paid; and
Conventions fiscales
(c) where in accordance with any provision of the Agreement income derived or capital owned by a resident of Canada is exempt from tax in Canada, Canada may nevertheless, in calculating the amount of tax on other income or capital, take into account the exempted income or capital.
2. In the case of Turkey, double taxation shall be avoided as follows: where a resident of Turkey derives income or owns capital which, in accordance with the provisions of the Agreement, may be taxed in Canada and in Turkey, Turkey shall, subject to the provisions of Turkish taxation laws regarding credit for foreign taxes, allow as a deduction from the tax on income or capital of that person, an amount equal to the tax on income or capital paid in Canada. Such deduction shall not, however, exceed that part of the tax computed in Turkey before the deduction is given, which is appropriate to the income or capital which may be taxed in Canada. 3. For the purposes of applying subparagraphs (a) and (b) of paragraph 1 to a company that is a resident of Canada, tax payable in Turkey shall include any tax which would have been payable in Turkey in respect of profits attributable to an active business carried on in Turkey for a taxation year, but for an exemption from or reduction of tax granted for that year, or any part thereof, under special tax measures in Turkey insofar as such measures were in force on, and have not been modified since, the date of signature of the Agreement or have been modified only in minor respects so as not to affect their general character. This paragraph shall apply, (a) in respect of subparagraph (a) of paragraph 1, to taxation years of the company that begin in the five-year period that begins on the first day of January in the calendar year following that in which the Agreement enters into force, and (b) in computing the taxes payable by a company that is a resident of Turkey for taxation years that begin in that period, for the purpose of applying subparagraph (b) of paragraph 1 to taxation years of a company resident in Canada that begin in that period.
VI. SPECIAL PROVISIONS ARTICLE 24 NON-DISCRIMINATION 1. Nationals of a Contracting State shall not be subjected in the other Contracting State to any taxation or any requirement connected therewith which is other or more burdensome than the taxation and connected requirements to which nationals of that other State in the same circumstances are or may be subjected. 2. The taxation on a permanent establishment which an enterprise of a Contracting State has in the other Contracting State shall not be less favourably levied in that other State than the taxation levied on enterprises of that other State carrying on the same activities.
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3. Enterprises of a Contracting State, the capital of which is wholly or partly owned or controlled, directly or indirectly, by one or more residents of the other Contracting State, shall not be subjected in the first-mentioned State to any taxation or any requirement connected therewith which is other or more burdensome than the taxation and connected requirements to which other similar enterprises of the first-mentioned State, the capital of which is wholly or partly owned or controlled, directly or indirectly, by one or more residents of a third State, are or may be subjected. 4. Nothing in this Article shall be construed as obliging a Contracting State to grant to residents of the other Contracting State any personal allowances, reliefs and reductions for taxation purposes on account of civil status or family responsibilities which it grants to its own residents. 5. In this Article, the term “taxation” means taxes which are the subject of this Agreement. ARTICLE 25 MUTUAL AGREEMENT PROCEDURE 1. Where a resident of a Contracting State considers that the actions of one or both of the Contracting States result or will result for that person in taxation not in accordance with the provisions of this Agreement, that person may, irrespective of the remedies provided by the domestic law of those States, address to the competent authority of the Contracting State of which that person is a resident an application in writing stating the grounds for claiming the revision of such taxation. 2. The competent authority referred to in paragraph 1 shall endeavour, if the objection appears to it to be justified and if it is not itself able to arrive at a satisfactory solution, to resolve the case by mutual agreement with the competent authority of the other Contracting State, with a view to the avoidance of taxation not in accordance with the Agreement. 3. A Contracting State shall not, after the expiry of the time limits provided in its national laws and, in any case, after five years from the end of the taxable period in which the income concerned has accrued, increase the tax base of a resident of either of the Contracting States by including therein items of income which have also been charged to tax in the other Contracting State. In the case of Canada, this paragraph shall not apply in the case of fraud, wilful default or neglect. 4. The competent authorities of the Contracting States shall endeavour to resolve by mutual agreement any difficulties or doubts arising as to the interpretation or application of the Agreement. 5. The competent authorities of the Contracting States may consult together for the elimination of double taxation in cases not provided for in the Agreement and may communicate with each other directly for the purpose of applying the Agreement.
Conventions fiscales ARTICLE 26 EXCHANGE OF INFORMATION
1. The competent authorities of the Contracting States shall exchange such information as is foreseeably relevant for carrying out the provisions of this Agreement or of the domestic laws of the Contracting States concerning taxes of every kind and description imposed on behalf of the Contracting States, insofar as the taxation thereunder is not contrary to the Agreement. The exchange of information is not restricted by Articles 1 and 2. Any information received by a Contracting State shall be treated as secret in the same manner as information obtained under the domestic laws of that State and shall be disclosed only to persons or authorities (including courts and administrative bodies) concerned with the assessment or collection of, the enforcement in respect of, or the determination of appeals in relation to taxes in that State. Such persons or authorities shall use the information only for such purposes. They may disclose the information in public court proceedings or in judicial decisions. 2. Nothing in paragraph 1 shall be construed so as to impose on a Contracting State the obligation: (a) to carry out administrative measures at variance with the laws or the administrative practice of that or of the other Contracting State; (b) to supply information which is not obtainable under the laws or in the normal course of the administration of that or of the other Contracting State; (c) to supply information which would disclose any trade, business, industrial, commercial or professional secret or trade process, or information, the disclosure of which would be contrary to public policy (ordre public). 3. If information is requested by a Contracting State in accordance with this Article, the other Contracting State shall use its information gathering measures to obtain the requested information, even though the other State may not need such information for its own tax purposes. The obligation contained in the preceding sentence is subject to the limitations of paragraph 2 but in no case shall such limitations be construed to permit a Contracting State to decline to supply information solely because it has no domestic interest in such information. 4. In no case shall the provisions of paragraph 2 be construed to permit a Contracting State to decline to supply information solely because the information is held by a bank, other financial institution, nominee or person acting in an agency or fiduciary capacity or because the information relates to ownership interests in a person.
ARTICLE 27 DIPLOMATIC AGENTS AND CONSULAR OFFICERS 1. Nothing in this Agreement shall affect the fiscal privileges of diplomatic agents or consular officers under the general rules of international law or under the provisions of special agreements.
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Tax Conventions, 2
2. Notwithstanding Article 4, an individual who is a member of a diplomatic mission, consular post or permanent mission of a Contracting State which is situated in the other Contracting State or in a third State shall be deemed for the purposes of the Agreement to be a resident of the sending State if that individual is liable in the sending State to the same obligations in relation to tax on total income as are residents of that sending State. 3. The Agreement shall not apply to international organizations, to organs or officials thereof and to persons who are members of a diplomatic mission, consular post or permanent mission of a third State or group of States, being present in a Contracting State and who are not liable in either Contracting State to the same obligations in relation to tax on their total income as are residents thereof.
VII. FINAL PROVISIONS ARTICLE 28 ENTRY INTO FORCE 1. Each Contracting State shall notify to the other the completion of the procedure required for the bringing into force of this Agreement in that State. The Agreement shall enter into force on the day when the latter of these notifications has been received. 2. The provisions of the Agreement shall have effect: (a) in respect of tax withheld at the source, on amounts paid or credited to non-residents on or after the first day of January in the calendar year following that in which the Agreement enters into force; and (b) in respect of taxes other than taxes withheld at the source, for taxation years beginning on or after the first day of January in the calendar year following that in which the Agreement enters into force. ARTICLE 29 TERMINATION 1. This Agreement shall remain in force until terminated by a Contracting State. Either Contracting State may terminate the Agreement by giving to the other, through diplomatic channels, a notice of termination in writing at least six months before the end of any calendar year. 2. In such event, the Agreement shall cease to have effect: (a) in respect of tax withheld at the source, on amounts paid or credited to non-residents on or after the first day of January in the next following calendar year; and (b) in respect of taxes other than taxes withheld at the source, for taxation years beginning on or after the first day of January in the next following calendar year. IN WITNESS WHEREOF the undersigned have signed this Agreement and affixed their seals thereto.
Conventions fiscales
DONE in duplicate at Ottawa, this 14th day of July 2009, in the English, French and Turkish languages, all three texts being equally authentic. James Fox Assistant Deputy Minister, Europe, Middle East, Maghreb Department of Foreign Affairs and International Trade FOR CANADA Mehmet Kilci Commissioner of Revenue Ministry of Finance FOR THE REPUBLIC OF TURKEY
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Tax Conventions, 2 SCHEDULE 2 (Section 2) PROTOCOL
At the moment of signing the Agreement between Canada and the Republic of Turkey for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and on capital, the undersigned have agreed upon the following provisions which shall constitute an integral part of the Agreement. 1. The Agreement shall not apply to any company, trust or other entity that is a resident of a Contracting State and is beneficially owned or controlled, directly or indirectly, by one or more persons who are not residents of that State, if the amount of the tax imposed on the income or capital of the company, trust or other entity by that State (after taking into account any reduction or offset of the amount of tax in any manner, including a refund, reimbursement, contribution, credit or allowance to the company, trust, or other entity or to any other person) is substantially lower than the amount that would be imposed by that State if all of the shares of the capital stock of the company or all of the interests in the trust or other entity, as the case may be, were beneficially owned by one or more individuals who were residents of that State. 2. With reference to paragraph 1 of Article 6, it is understood that, in the case of immovable property situated in Canada, the provisions of that paragraph shall also apply to income from the alienation of immovable property. 3. With reference to Article 7, it is understood that, where an enterprise of a Contracting State has a permanent establishment in the other Contracting State, and the enterprise (a) effects sales in that other State of goods or merchandise of the same or similar kind as those sold through that permanent establishment, or (b) carries on other business activities in that other State of the same or similar kind as those effected through that permanent establishment profits derived from such sales and business activities may be taxed in that other Contracting State as part of the profits of the permanent establishment to the extent that the same or similar kind of sales or activities have been effected through the permanent establishment. However, the profits derived from such sales or activities shall not be taxed in that other Contracting State if the enterprise can prove that the sales or the activities have been carried on for other purposes than achieving benefits under this Agreement. 4. With reference to paragraph 1 of Article 7, it is understood that where an enterprise of a Contracting State which had carried on business in the other Contracting State through a permanent establishment situated therein, receives after it has ceased to carry on business as aforesaid, profits attributable to that permanent establishment, such profits may be taxed in that other State in accordance with the principles laid down in Article 7.
Conventions fiscales
5. It is understood that, notwithstanding the provisions of Articles 7 and 8, profits derived from the operation of ships or aircraft used principally to transport passengers or goods exclusively between places in a Contracting State may be taxed in that State. 6. With reference to paragraph 3 of Article 10, it is understood that the term “dividends” in the case of Turkey shall also include the income from investment funds and investment trusts. 7. With reference to paragraph 2 of Article 21, it is understood that, in the case of income from an estate or trust, the tax charged by Canada shall, provided that the income is taxable in Turkey, not exceed 15 per cent of the gross amount of the income. 8. With reference to paragraph 1 of Article 25, it is understood that to be admissible, the application referred to in that paragraph must be submitted: (a) in the case of Canada, within two years from the first notification of the action which gives rise to taxation not in accordance with the Agreement; and (b) in the case of Turkey, within one year from the first notification of the action which gives rise to taxation not in accordance with the Agreement. However, if such period has expired, the taxpayer may, in any case, present an application to the competent authority of Turkey within a period of five years beginning on the first day of January of the calendar year next following the related taxable year. For that purpose, the related taxable year is the year in which the income subject to the action resulting in taxation not in accordance with the provisions of the Agreement is derived. 9. It is understood that nothing in the Agreement shall be construed as preventing Canada from imposing a tax on amounts included in the income of a resident of Canada with respect to a partnership, trust, or controlled foreign affiliate, in which that resident has an interest. It is also understood that this provision shall not give Canada any right in respect of the taxation of residents of Turkey. 10. It is understood that nothing in the Agreement shall be construed so as to restrict in any manner any exemption, allowance, credit or other deduction accorded (a) by the laws of a Contracting State in the determination of the tax imposed by that State; or (b) by any other agreement entered into by a Contracting State. 11. For the purposes of paragraph 3 of Article XXII (Consultation) of the General Agreement on Trade in Services, the Contracting States agree that, notwithstanding that paragraph, any dispute between them as to whether a measure falls within the scope of this Agreement may be brought before the Council for Trade in Services, as provided by that paragraph, only with the consent of both Contracting States. Any doubt as to the interpretation of this paragraph shall be resolved under paragraph 4 of Article 25 or, failing agreement under that procedure, pursuant to any other procedure agreed to by both Contracting States.
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Tax Conventions, 2
IN WITNESS whereof the undersigned have signed this Protocol and affixed their seals thereto. DONE in duplicate at Ottawa, this 14th day of July 2009, in the English, French and Turkish languages, all three texts being equally authentic. James Fox Assistant Deputy Minister, Europe, Middle East, Maghreb Department of Foreign Affairs and International Trade FOR CANADA Mehmet Kilci Commissioner of Revenue Ministry of Finance FOR THE REPUBLIC OF TURKEY
Published under authority of the Speaker of the House of Commons Available from: Publishing and Depository Services Public Works and Government Services Canada Ottawa, Ontario K1A 0S5 Telephone: 613-941-5995 or 1-800-635-7943 Fax: 613-954-5779 or 1-800-565-7757 publications@tpsgc-pwgsc.gc.ca http://publications.gc.ca
Also available on the Parliament of Can Aussi disponible sur le site Web du Par http://www Available from: Publishing and Depository Services Public Works and Government Services Canada Ottawa, Ontario K1A 0S5 Telephone: 613-941-5995 or 1-800-635-7943 Fax: 613-954-5779 or 1-800-565-7757 publications@pwgsc.gc.ca http://publications.gc.ca
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Third Session, Fortieth Parliament, 59 Elizabeth II, 2010
STATUTES OF CANADA 2010
CHAPTER 14 An Act to amend the Criminal Code (auto theft and trafficking in property obtained by crime)
ASSENTED TO 18th NOVEMBER, 2010 BILL S-9
SUMMARY This enactment amends the Criminal Code to create offences in connection with the theft of a motor vehicle, the alteration, removal or obliteration of a vehicle identification number, the trafficking of property or proceeds obtained by crime and the possession of such property or proceeds for the purposes of trafficking, and to provide for an in rem prohibition of the importation or exportation of such property or proceeds.
Also available on the Parliament of Canada Web Site at the following address: http://www.parl.gc.ca
59 ELIZABETH II —————— CHAPTER 14 An Act to amend the Criminal Code (auto theft and trafficking in property obtained by crime) [Assented to 18th November, 2010] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: SHORT TITLE Short title
R.S., c. C-46
1. This Act may be cited as the Tackling Auto Theft and Property Crime Act. CRIMINAL CODE 2. (1) Paragraph (a) of the definition “offence” in section 183 of the Criminal Code is amended by adding the following after subparagraph (liv): (liv.1) section 333.1 (motor vehicle theft), (2) Paragraph (a) of the definition “offence” in section 183 of the Act is amended by adding the following after subparagraph (lxii): (lxii.1) section 353.1 (tampering with vehicle identification number), (3) Paragraph (a) of the definition “offence” in section 183 of the Act is amended by adding the following after subparagraph (lxiii): (lxiii.1) section 355.2 (trafficking in property obtained by crime), (lxiii.2) section 355.4 (possession of property obtained by crime — trafficking),
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Criminal Code (auto theft and traffic
3. The Act is amended by adding the following after section 333: Motor vehicle theft
333.1 (1) Everyone who commits theft is, if the property stolen is a motor vehicle, guilty of an offence and liable (a) on proceedings by way of indictment, to imprisonment for a term of not more than 10 years, and to a minimum punishment of imprisonment for a term of six months in the case of a third or subsequent offence under this subsection; or (b) on summary conviction, to imprisonment for a term of not more than 18 months.
Subsequent offences
(2) For the purpose of determining whether a convicted person has committed a third or subsequent offence, an offence for which the person was previously convicted is considered to be an earlier offence whether it was prosecuted by indictment or by way of summary conviction proceedings. 4. The Act is amended by adding the following after section 353:
Tampering with vehicle identification number
353.1 (1) Every person commits an offence who, without lawful excuse, wholly or partially alters, removes or obliterates a vehicle identification number on a motor vehicle.
Definition of “vehicle identification number”
(2) For the purpose of this section, “vehicle identification number” means any number or other mark placed on a motor vehicle for the purpose of distinguishing it from other similar motor vehicles.
Exception
(3) Despite subsection (1), it is not an offence to wholly or partially alter, remove or obliterate a vehicle identification number on a motor vehicle during regular maintenance or any repair or other work done on the vehicle for a legitimate purpose, including a modification of the vehicle.
Punishment
(4) Every person who commits an offence under subsection (1) (a) is guilty of an indictable offence and liable to imprisonment for a term of not more than five years; or
Code criminel (vol d’automobile et tr (b) is guilty of an offence punishable on summary conviction. 5. The heading before section 354 of the Act is replaced by the following: POSSESSION AND TRAFFICKING 6. The Act is amended by adding the following after section 355:
Definition of “traffic”
355.1 For the purposes of sections 355.2 and 355.4, “traffic” means to sell, give, transfer, transport, export from Canada, import into Canada, send, deliver or deal with in any other way, or to offer to do any of those acts.
Trafficking in property obtained by crime
355.2 Everyone commits an offence who traffics in any property or thing or any proceeds of any property or thing knowing that all or part of the property, thing or proceeds was obtained by or derived directly or indirectly from (a) the commission in Canada of an offence punishable by indictment; or (b) an act or omission anywhere that, if it had occurred in Canada, would have constituted an offence punishable by indictment.
In rem prohibition
355.3 The importation into Canada or exportation from Canada of any property or thing or any proceeds of any property or thing is prohibited if all or part of the property, thing or proceeds was obtained by or derived directly or indirectly from (a) the commission in Canada of an offence punishable by indictment; or (b) an act or omission anywhere that, if it had occurred in Canada, would have constituted an offence punishable by indictment.
Possession of property obtained by crime — trafficking
355.4 Everyone commits an offence who has in their possession, for the purpose of trafficking, any property or thing or any proceeds of any property or thing knowing that all or part of the property, thing or proceeds was obtained by or derived directly or indirectly from (a) the commission in Canada of an offence punishable by indictment; or
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Criminal Code (auto theft and traffic
(b) an act or omission anywhere that, if it had occurred in Canada, would have constituted an offence punishable by indictment. Punishment
355.5 Everyone who commits an offence under section 355.2 or 355.4 (a) is, if the value of the subject matter of the offence is more than $5,000, guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years; or (b) is, if the value of the subject matter of the offence is not more than $5,000, (i) guilty of an indictable offence and liable to imprisonment for a term of not more than five years, or (ii) guilty of an offence punishable on summary conviction.
2005, c. 44, s. 1(2)
7. Subparagraph 462.3(3)(b)(i) of the Act is replaced by the following: (i) an offence referred to in section 354, 355.2, 355.4 or 462.31, if the alleged offence arises out of conduct that in whole or in part is in relation to an alleged contravention of an Act of Parliament, other than this Act, or a regulation made under such an Act, and
2001, c. 32, s. 17(3)
8. Subsection 462.34(7) of the Act is replaced by the following:
Saving provision
(7) Sections 354, 355.2 and 355.4 do not apply to a person who comes into possession of any property that, by virtue of an order made under paragraph (4)(c), was returned to any person after having been seized or was excluded from the application of a restraint order made under subsection 462.33(3).
2001, c. 32, s. 26(1)
9. The portion of paragraph 462.48(1.1)(b) of the Act before subparagraph (i) is replaced by the following: (b) an offence against section 354, 355.2, 355.4 or 462.31 if the offence is alleged to have been committed in relation to any property, thing or proceeds obtained or derived directly or indirectly as a result of
Code criminel (vol d’automobile et tr
1992, c. 1, s. 58(1) (Sch. I, item 10)
10. Subsection 491.2(1) of the Act is replaced by the following:
Photographic evidence
491.2 (1) Before any property that would otherwise be required to be produced for the purposes of a preliminary inquiry, trial or other proceeding in respect of an offence under section 334, 344, 348, 354, 355.2, 355.4, 362 or 380 is returned or ordered to be returned, forfeited or otherwise dealt with under section 489.1 or 490 or is otherwise returned, a peace officer or any person under the direction of a peace officer may take and retain a photograph of the property.
11. The portion of subsection 593(1) of the Act before paragraph (a) is replaced by the following: Trial of persons jointly
593. (1) Any number of persons may be charged in the same indictment with an offence under section 354 or 355.4 or paragraph 356(1)(b), even though COORDINATING AMENDMENT
Bill C-16
12. If Bill C-16, introduced in the 3rd session of the 40th Parliament and entitled the Ending House Arrest for Property and Other Serious Crimes by Serious and Violent Offenders Act, receives royal assent, then, on the first day on which both section 2 of that Act and section 3 of this Act are in force, paragraph 742.1(f) of the Criminal Code is amended by adding the following after subparagraph (vii): (vii.1) section 333.1 (motor vehicle theft),
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Criminal Code (auto theft and traffic COMING INTO FORCE
Order in council
13. The provisions of this Act, other than section 12, come into force on a day or days to be fixed by order of the Governor in Council.
Published under authority of the Speaker of the House of Commons Available from: Publishing and Depository Services Public Works and Government Services Canada Ottawa, Ontario K1A 0S5 Telephone: 613-941-5995 or 1-800-635-7943 Fax: 613-954-5779 or 1-800-565-7757 publications@tpsgc-pwgsc.gc.ca http://publications.gc.ca
Also available on the Parliament of Can Aussi disponible sur le site Web du Par http://www Available from: Publishing and Depository Services Public Works and Government Services Canada Ottawa, Ontario K1A 0S5 Telephone: 613-941-5995 or 1-800-635-7943 Fax: 613-954-5779 or 1-800-565-7757 publications@pwgsc.gc.ca http://publications.gc.ca
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Third Session, Fortieth Parliament, 59 Elizabeth II, 2010
STATUTES OF CANADA 2010
CHAPTER 4 An Act to implement the Free Trade Agreement between Canada and the Republic of Colombia, the Agreement on the Environment between Canada and the Republic of Colombia and the Agreement on Labour Cooperation between Canada and the Republic of Colombia
ASSENTED TO 29th JUNE, 2010 BILL C-2
RECOMMENDATION Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act to implement the Free Trade Agreement between Canada and the Republic of Colombia, the Agreement on the Environment between Canada and the Republic of Colombia and the Agreement on Labour Cooperation between Canada and the Republic of Colombia”.
SUMMARY This enactment implements the Free Trade Agreement and the related agreements on the environment and labour cooperation entered into between Canada and the Republic of Colombia and signed at Lima, Peru on November 21, 2008. The general provisions of the enactment specify that no recourse may be taken on the basis of the provisions of Part 1 of the enactment or any order made under that Part, or the provisions of the Free Trade Agreement or the related agreements themselves, without the consent of the Attorney General of Canada. Part 1 of the enactment approves the Free Trade Agreement and the related agreements and provides for the payment by Canada of its share of the expenditures associated with the operation of the institutional aspects of the Free Trade Agreement and the power of the Governor in Council to make orders for carrying out the provisions of the enactment. Part 2 of the enactment amends existing laws in order to bring them into conformity with Canada’s obligations under the Free Trade Agreement and the related agreement on labour cooperation.
Also available on the Parliament of Canada Web Site at the following address: http://www.parl.gc.ca
TABLE OF PROVISIONS
AN ACT TO IMPLEMENT THE FREE TRADE AGREEMENT BETWEEN CANADA AND THE REPUBLIC OF COLOMBIA, THE AGREEMENT ON THE ENVIRONMENT BETWEEN CANADA AND THE REPUBLIC OF COLOMBIA AND THE AGREEMENT ON LABOUR COOPERATION BETWEEN CANADA AND THE REPUBLIC OF COLOMBIA
SHORT TITLE 1.
Canada–Colombia Free Trade Agreement Implementation Act INTERPRETATION
2. Definitions
3. Interpretation consistent with agreements
4. Non-application of Act or Agreement to water
5. Construction HER MAJESTY
6. Binding on Her Majesty
7. Purpose
PURPOSE
CAUSES OF ACTION 8.
Causes of action under Part 1 PART 1
IMPLEMENTATION OF THE AGREEMENT AND THE RELATED AGREEMENTS APPROVAL 9.
Agreements approved ADMINISTRATIVE AND INSTITUTIONAL PROVISIONS
10. Canadian representative on Joint Commission
11. Payment of expenditures
i PANELS, COMMITTEES, SUBCOMMITTEES AND WORKING GROUPS 12.
Powers of Minister
13. Administrative support
14. Payment of costs ORDERS
15. Orders re Article 2114
15.1
Report
REPORT
PART 2 RELATED AMENDMENTS 16-22.
Canadian International Trade Tribunal Act
23. Commercial Arbitration Act
24. Crown Liability and Proceedings Act
25-29.
Customs Act
30-42.
Customs Tariff
43. 44-46. 47.
Department of Human Resources and Skills Development Act Export and Import Permits Act Financial Administration Act PART 3 COMING INTO FORCE
48. Order in council
SCHEDULE 1 SCHEDULE 2
59 ELIZABETH II —————— CHAPTER 4 An Act to implement the Free Trade Agreement between Canada and the Republic of Colombia, the Agreement on the Environment between Canada and the Republic of Colombia and the Agreement on Labour Cooperation between Canada and the Republic of Colombia [Assented to 29th June, 2010] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: SHORT TITLE Short title
1. This Act may be cited as the Canada– Colombia Free Trade Agreement Implementation Act. INTERPRETATION
Definitions
“Agreement” « Accord »
“federal law” « texte législatif fédéral »
2. The definitions in this section apply in this Act. “Agreement” means the Free Trade Agreement between Canada and the Republic of Colombia, signed on November 21, 2008. “federal law” means the whole or any portion of an Act of Parliament or a regulation, order or other instrument issued, made or established in the exercise of a power conferred by or under an Act of Parliament.
“Joint Commission” « Commission mixte »
“Joint Commission” means the Joint Commission established under Article 2001 of the Agreement.
“Minister” « ministre »
“Minister” means the Minister for International Trade.
2 “related agreement” « accord connexe »
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Canada–Colombia F
“related agreement” means (a) the Agreement on the Environment between Canada and the Republic of Colombia, signed on November 21, 2008; or (b) the Agreement on Labour Cooperation between Canada and the Republic of Colombia, signed on November 21, 2008.
Interpretation consistent with agreements
3. For greater certainty, this Act and any federal law that implements a provision of the Agreement or a related agreement or fulfils an obligation of the Government of Canada under the Agreement or a related agreement is to be interpreted in a manner consistent with the Agreement or related agreement, as the case may be.
Non-application of Act or Agreement to water
4. For greater certainty, nothing in this Act or the Agreement applies to natural surface or ground water in liquid, gaseous or solid state.
Construction
5. For greater certainty, nothing in this Act, by specific mention or omission, is to be construed to affect in any manner the right of Parliament to enact legislation to implement any provision of the Agreement or a related agreement or fulfil any of the obligations of the Government of Canada under the Agreement or a related agreement. HER MAJESTY
Binding on Her Majesty
6. This Act is binding on Her Majesty in right of Canada. PURPOSE
Purpose
7. The purpose of this Act is to implement the Agreement and the related agreements, the objectives of which, as elaborated more specifically through their provisions, are to (a) establish a free trade area in accordance with the Agreement; (b) promote, through the expansion of reciprocal trade, the harmonious development of the economic relations between Canada and the Republic of Colombia in order to foster, in Canada and in Colombia, the advancement of economic activity;
Accord de libre-échan (c) provide fair conditions of competition affecting trade between Canada and the Republic of Colombia; (d) substantially increase investment opportunities in Canada and the Republic of Colombia; (e) contribute, by the removal of barriers to trade, to the harmonious development and expansion of world trade; (f) enhance and enforce environmental laws and regulations and strengthen cooperation on environmental matters; (g) protect, enhance and enforce basic workers’ rights, strengthen cooperation and build on the respective international commitments of Canada and the Republic of Colombia on labour matters; and (h) promote sustainable development.
CAUSES OF ACTION Causes of action under Part 1
8. (1) No person has any cause of action and no proceedings of any kind shall be taken, without the consent of the Attorney General of Canada, to enforce or determine any right or obligation that is claimed or arises solely under or by virtue of Part 1 or an order made under that Part.
Causes of action under the Agreement or a related agreement
(2) Subject to Section B of Chapter Eight of the Agreement and Part Three and Annex 4 of the Agreement on Labour Cooperation between Canada and the Republic of Colombia, signed on November 21, 2008, no person has any cause of action and no proceedings of any kind shall be taken, without the consent of the Attorney General of Canada, to enforce or determine any right or obligation that is claimed or arises solely under or by virtue of the Agreement or a related agreement.
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Canada–Colombia F PART 1
IMPLEMENTATION OF THE AGREEMENT AND THE RELATED AGREEMENTS APPROVAL Agreements approved
9. The Agreement and the related agreements are approved. ADMINISTRATIVE AND INSTITUTIONAL PROVISIONS
Canadian representative on Joint Commission
10. The Minister is the principal representative of Canada on the Joint Commission.
Payment of expenditures
11. The Government of Canada shall pay its appropriate share of the aggregate of any expenditures incurred by or on behalf of the Joint Commission. PANELS, COMMITTEES, SUBCOMMITTEES AND WORKING GROUPS
Powers of Minister
12. The Minister may (a) appoint any person to be a representative of Canada on any committee or subcommittee referred to in Annex 2001 of the Agreement; (b) appoint any person to be a panelist in accordance with Article 2108 of the Agreement; and (c) propose candidates to serve as the chair of panels in accordance with that Article.
Administrative support
13. The Minister shall designate an agency, division or branch of the Government of Canada to facilitate the operation of Chapter Twentyone of the Agreement and to provide administrative assistance to panels established under that Chapter.
Payment of costs
14. The Government of Canada shall pay the costs of or its appropriate share of the costs of (a) the remuneration and expenses payable to members of panels, committees, subcommittees and working groups and to the assistants of panel members; and
Accord de libre-échan
(b) the general expenses incurred by panels, committees, subcommittees and working groups. ORDERS Orders re Article 2114
15. (1) The Governor in Council may, for the purpose of suspending benefits in accordance with Article 2114 of the Agreement, by order, do any one or more of the following: (a) suspend rights or privileges granted by Canada to the Republic of Colombia or to goods of the Republic of Colombia under the Agreement or any federal law; (b) modify or suspend the application of any federal law, with respect to the Republic of Colombia or to goods of the Republic of Colombia; (c) extend the application of any federal law to the Republic of Colombia or to goods of the Republic of Colombia; and (d) take any other measure that the Governor in Council considers necessary for that purpose.
Period of order
(2) Unless repealed, an order made under subsection (1) has effect for the period specified in the order. REPORT
Report
15.1 Pursuant to the Agreement Concerning Annual Reports on Human Rights and Free Trade Between Canada and the Republic of Colombia, the Minister shall cause to be laid before each House of Parliament by May 15 of each year or, if that House is not then sitting, on any of the 30 days next thereafter that it is sitting, a report on the operation of this Act during the previous calendar year, containing a general summary of all actions taken under the authority of this Act, and an analysis of the impact of these actions on human rights in Canada and the Republic of Colombia.
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Canada–Colombia F PART 2 RELATED AMENDMENTS
R.S., c. 47 (4th Supp.)
CANADIAN INTERNATIONAL TRADE TRIBUNAL ACT 16. (1) Section 2 of the Canadian International Trade Tribunal Act is amended by adding the following after subsection (3):
Definition of “Colombia Tariff”
(3.1) In this Act, “Colombia Tariff” means the rates of customs duty referred to in section 49.01 of the Customs Tariff.
2009, c. 16, s. 56(3)
(2) Subsection 2(5) of the Act is replaced by the following:
Goods imported from an EFTA state, a NAFTA country, Chile, Costa Rica, Peru or Colombia
(5) For the purposes of this Act, goods are imported from an EFTA state, from a NAFTA country, from Chile, from Costa Rica, from Peru or from Colombia if they are shipped directly to Canada from the EFTA state, the NAFTA country, Chile, Costa Rica, Peru or Colombia, as the case may be, within the meaning of sections 17 and 18 of the Customs Tariff. 17. The Act is amended by adding the following after section 19.012:
Definition of “principal cause”
19.0121 (1) In this section, “principal cause” means, in respect of a serious injury or threat of a serious injury, an important cause that is no less important than any other cause of the serious injury or threat.
Emergency measures — Colombia
(2) The Tribunal shall inquire into and report to the Governor in Council on the question whether goods that are entitled to the benefit of the Colombia Tariff are, as a result of that entitlement, being imported in such increased quantities, in absolute terms or relative to the domestic production of like or directly competitive goods, and under such conditions as to constitute a principal cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods, if the Governor in Council, on the recommendation of the Minister, refers the question to it for inquiry and report.
Accord de libre-échan
Terms of reference
(3) The Tribunal shall conduct an inquiry under subsection (2) and prepare its report in accordance with the terms of reference established by the Governor in Council or the Minister, as the case may be.
Tabling of report
(4) The Minister shall cause a copy of each report submitted to the Governor in Council or the Minister to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the report is so submitted.
Notice of report
(5) The Tribunal shall cause notice of the submission of a report to be published in the Canada Gazette. 18. The Act is amended by adding the following after section 20.04:
Definition of “principal cause”
20.05 (1) In this section, “principal cause” means, in respect of a serious injury or threat of serious injury, an important cause that is no less important than any other cause of the serious injury or threat.
Determination in respect of Colombian goods
(2) Where, in an inquiry conducted pursuant to a reference under section 20 into goods imported from Colombia that are specified by the Governor in Council or in an inquiry conducted pursuant to a complaint under subsection 23(1) into goods so imported that are specified by the Tribunal, the Tribunal finds that the specified imported goods and goods of the same kind imported from other countries are being imported in such increased quantities and under such conditions as to be a principal cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods, the Tribunal shall determine whether the specified imported goods are a principal cause of the serious injury or threat of serious injury.
Determinations
(3) In the case of an inquiry to which subsection (2) applies, the Tribunal shall include in its report any determinations made under that subsection.
Inquiry under section 30.07
(4) In an inquiry under section 30.07 into goods imported from Colombia conducted pursuant to an extension request, the Tribunal
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Canada–Colombia F
shall determine whether the goods imported from Colombia are a principal cause of the serious injury or threat of serious injury to domestic producers of like or directly competitive goods. 2009, c. 16, s. 56(5)
19. Section 21.1 of the Act is replaced by the following:
Definition of “complaint”
21.1 In sections 23 to 30, “complaint” means a written complaint filed with the Tribunal under subsection 23(1), (1.01), (1.02), (1.03), (1.04), (1.05), (1.06), (1.061), (1.07), (1.08), (1.09), (1.091), (1.092) or (1.093) and, for the purposes of those sections, a complaint is properly documented if the Tribunal is satisfied that it contains or is accompanied by the information required by section 23. 20. Section 23 of the Act is amended by adding the following after subsection (1.06):
Filing of complaint — Colombia Tariff
(1.061) Any domestic producer of goods that are like or directly competitive with any goods being imported into Canada and that are entitled to the Colombia Tariff, or any person or association acting on behalf of such a domestic producer, may file a written complaint with the Tribunal alleging that, as a result of that entitlement, the imported goods are being imported in such increased quantities, in absolute terms or relative to the domestic production of like or directly competitive goods, and under such conditions as to constitute a cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods. 21. Paragraph 26(1)(a) of the Act is amended by adding the following after subparagraph (i.6): (i.61) in the case of a complaint filed under subsection 23(1.061), the goods that are entitled to the Colombia Tariff are, as a result of that entitlement, being imported in such increased quantities, in absolute terms or relative to the domestic production of like or directly competitive goods, and under such conditions as to constitute a
Accord de libre-échan cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods, 22. Subsection 27(1) of the Act is amended by adding the following after paragraph (a.6): (a.61) in the case of a complaint filed under subsection 23(1.061), the goods that are entitled to the Colombia Tariff are, as a result of that entitlement, being imported in such increased quantities, in absolute terms or relative to domestic production of like or directly competitive goods, and under such conditions as to constitute a principal cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods;
R.S., c. 17 (2nd Supp.)
COMMERCIAL ARBITRATION ACT 23. Subsection 5(4) of the Commercial Arbitration Act is amended by striking out “and” at the end of paragraph (b), by adding “and” at the end of paragraph (c) and by adding the following after paragraph (c): (d) a claim under Article 819 or 820 of the Agreement, as defined in section 2 of the Canada–Colombia Free Trade Agreement Implementation Act.
R.S., c. C-50; 1990, c. 8, s. 21
CROWN LIABILITY AND PROCEEDINGS ACT
24. Part 2 of the schedule to the Crown Liability and Proceedings Act is amended by adding the following after section 3: 4. The Agreement on Labour Cooperation between Canada and the Republic of Colombia, signed on November 21, 2008, as amended from time to time in accordance with Article 30 of that Agreement.
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Canada–Colombia F
R.S., c. 1 (2nd Supp.)
CUSTOMS ACT
2009, c. 16, s. 56(9)
25. (1) The definitions “free trade agreement” and “free trade partner” in subsection 2(1) of the Customs Act are replaced by the following:
“free trade agreement” « accord de libre-échange »
“free trade agreement” means NAFTA, CCFTA, CCRFTA, CEFTA, CIFTA, CPFTA or CCOFTA;
“free trade partner” « partenaire de libre-échange »
“free trade partner” means (a) a NAFTA country, (b) Chile, (c) Costa Rica, (d) Israel or another CIFTA beneficiary, (e) an EFTA state, (f) Peru, or (g) Colombia; (2) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:
“CCOFTA” « ALÉCCO »
“Colombia” « Colombie »
“preferential tariff treatment under CCOFTA” « traitement tarifaire préférentiel de l’ALÉCCO »
“CCOFTA” has the same meaning as “Agreement” in section 2 of the Canada–Colombia Free Trade Agreement Implementation Act; “Colombia” has the same meaning as in subsection 2(1) of the Customs Tariff; “preferential tariff treatment under CCOFTA” means, in respect of goods, entitlement to the Colombia Tariff rates of customs duty under the Customs Tariff; (3) Subsection 2(1.2) of the Act is amended by adding the following after paragraph (b): (b.1) preferential tariff treatment under CCOFTA;
2009, c. 16, s. 32
26. Section 42.4 of the Act and the heading before it are replaced by the following:
Accord de libre-échan Denial or Withdrawal of Benefit of Preferential Tariff Treatment under NAFTA, CCFTA, CCRFTA, CPFTA or CCOFTA
Definition of “identical goods”
42.4 (1) In this section, “identical goods” has the meaning assigned to that expression by Article 514 of NAFTA, Article E-14 of CCFTA, Article V.14 of CCRFTA, Article 423 of CPFTA or Article 423 of CCOFTA, as the case may be.
Denial or withdrawal of benefit — NAFTA country, Chile, Costa Rica, Peru or Colombia
(2) Notwithstanding section 24 of the Customs Tariff, the Minister may, subject to the prescribed conditions, deny or withdraw preferential tariff treatment under NAFTA, CCFTA, CCRFTA, CPFTA or CCOFTA in respect of goods for which that treatment is claimed if the exporter or producer of the goods has made false representations that identical goods exported or produced by that exporter or producer and for which that treatment was claimed were eligible for that treatment.
2009, c. 16, s. 56(11)
27. Paragraph 43.1(1)(b) of the Act is replaced by the following: (b) in the case of goods exported from a NAFTA country, from Chile, from Costa Rica, from an EFTA state, from Peru or from Colombia, any matter, other than those referred to in paragraphs (a) and (c), concerning those goods that is set out in paragraph 1 of Article 509 of NAFTA, in paragraph 1 of Article E-09 of CCFTA, in paragraph 1 of Article V.9 or paragraph 10 of Article IX.2 of CCRFTA, in Article 28(2) of Annex C of CEFTA, in paragraph 1 of Article 419 of CPFTA or in paragraph 1 of Article 419 of CCOFTA, as the case may be; and
2009, c. 16, s. 56(12)
28. Paragraph 74(1)(c.11) of the Act is replaced by the following: (c.11) the goods were imported from Costa Rica, from an EFTA state, from Israel or another CIFTA beneficiary, from Peru or from Colombia but no claim for preferential tariff treatment under CCRFTA, CEFTA, CIFTA, CPFTA or CCOFTA, as the case
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may be, was made in respect of those goods at the time they were accounted for under subsection 32(1), (3) or (5); 29. Section 164 of the Act is amended by adding the following after subsection (1.2): Regulations — CCOFTA
1997, c. 36
(1.21) The Governor in Council may, on the recommendation of the Minister, make regulations for the purpose of the uniform interpretation, application and administration of Chapter Four of CCOFTA and any other matters that may be agreed on from time to time by the parties to CCOFTA. CUSTOMS TARIFF 30. Subsection 2(1) of the Customs Tariff is amended by adding the following in alphabetical order:
“Canada– Colombia Free Trade Agreement” « Accord de libre-échange CanadaColombie »
“Colombia” « Colombie »
“Canada–Colombia Free Trade Agreement” has the same meaning as “Agreement” in section 2 of the Canada–Colombia Free Trade Agreement Implementation Act.
“Colombia” means the land territory, both continental and insular, the air space and the maritime areas over which the Republic of Colombia exercises sovereignty, or sovereign rights or jurisdiction, in accordance with its domestic law and international law.
2009, c. 16, s. 56(14)
31. Section 5 of the Act is replaced by the following:
Goods imported from a NAFTA country, Chile, Costa Rica, an EFTA state, Peru or Colombia
5. For the purposes of this Act, goods are imported from a NAFTA country, Chile, Costa Rica, Iceland, Norway, Switzerland, Liechtenstein, Peru or Colombia if they are shipped directly to Canada from that country.
2009, c. 16, s. 38 and subpar. 56(16)(b)(i)
32. Paragraph 14(2)(c) of the Act is replaced by the following: (c) by way of compensation for any action taken under subsection 55(1), section 60 or subsection 63(1), 69(2), 70(2), 71(2), 71.01(1), 71.1(2), 71.5(1), 72(1), 75(1),
Accord de libre-échan 76(1) or 76.1(1) or under subsection 5(3), (3.2) or (4.1) of the Export and Import Permits Act.
2009, c. 16, s. 39
33. Paragraph 24(1)(b) of the Act is replaced by the following: (b) the goods are entitled to that tariff treatment in accordance with regulations made under section 16 or an order made under paragraph 31(1)(a), 34(1)(a), 38(1)(a) or 42(1)(a), subsection 45(13), section 48 or subsection 49(2), 49.01(8) or 49.5(8).
2009, c. 16, s. 56(15)
34. Section 27 of the Act is replaced by the following:
Abbreviations
27. For the purposes of the List of Tariff Provisions and the “F” Staging List, the abbreviations “UST”, “MT”, “MUST”, “CT”, “CRT”, “CIAT”, “GPT”, “LDCT”, “CCCT”, “AUT”, “NZT”, “IT”, “NT”, “SLT”, “PT” and “COLT” refer, respectively, to “United States Tariff”, “Mexico Tariff”, “Mexico–United States Tariff”, “Chile Tariff”, “Costa Rica Tariff”, “Canada–Israel Agreement Tariff”, “General Preferential Tariff”, “Least Developed Country Tariff”, “Commonwealth Caribbean Countries Tariff”, “Australia Tariff”, “New Zealand Tariff”, “Iceland Tariff”, “Norway Tariff”, “Switzerland–Liechtenstein Tariff”, “Peru Tariff” and “Colombia Tariff”.
35. The Act is amended by adding the following after section 49: Colombia Tariff Application of COLT
49.01 (1) Subject to section 24, goods that originate in Colombia are entitled to the Colombia Tariff rates of customs duty.
“A” final rate
(2) If “A” is set out in the column entitled “Preferential Tariff” in the List of Tariff Provisions following the abbreviation “COLT” in relation to goods entitled to the Colombia Tariff, the Colombia Tariff rate of customs duty that applies to those goods is the final rate of “Free”.
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“F” staging for COLT
(3) If “F” is set out in the column entitled “Preferential Tariff” in the List of Tariff Provisions following the abbreviation “COLT” in relation to goods entitled to the Colombia Tariff, the Colombia Tariff rate of customs duty that applies to those goods is the initial rate, reduced as provided in the “F” Staging List.
Staging for COLT
(4) If “S1”, “S2” or “S3” is set out in the column entitled “Preferential Tariff” in the List of Tariff Provisions following the abbreviation “COLT” in relation to goods entitled to the Colombia Tariff, the Colombia Tariff rate of customs duty that applies to those goods is the initial rate, reduced
Canada–Colombia F
(a) if “S1” is set out, (i) effective on the coming into force of this subsection, to two thirds of the initial rate, (ii) effective on January 1 of the year that is one year after the year of the coming into force of this subsection, to one third of the initial rate, and (iii) effective on January 1 of the year that is two years after the year of the coming into force of this subsection, to the final rate of “Free”; (b) if “S2” is set out, (i) effective on the coming into force of this subsection, to six sevenths of the initial rate, (ii) effective on January 1 of the year that is one year after the year of the coming into force of this subsection, to five sevenths of the initial rate, (iii) effective on January 1 of the year that is two years after the year of the coming into force of this subsection, to four sevenths of the initial rate, (iv) effective on January 1 of the year that is three years after the year of the coming into force of this subsection, to three sevenths of the initial rate,
Accord de libre-échan
(v) effective on January 1 of the year that is four years after the year of the coming into force of this subsection, to two sevenths of the initial rate, (vi) effective on January 1 of the year that is five years after the year of the coming into force of this subsection, to one seventh of the initial rate, and (vii) effective on January 1 of the year that is six years after the year of the coming into force of this subsection, to the final rate of “Free”; and (c) if “S3” is set out, (i) effective on the coming into force of this subsection, to sixteen seventeenths of the initial rate, (ii) effective on January 1 of the year that is one year after the year of the coming into force of this subsection, to fifteen seventeenths of the initial rate, (iii) effective on January 1 of the year that is two years after the year of the coming into force of this subsection, to fourteen seventeenths of the initial rate, (iv) effective on January 1 of the year that is three years after the year of the coming into force of this subsection, to thirteen seventeenths of the initial rate, (v) effective on January 1 of the year that is four years after the year of the coming into force of this subsection, to twelve seventeenths of the initial rate, (vi) effective on January 1 of the year that is five years after the year of the coming into force of this subsection, to eleven seventeenths of the initial rate, (vii) effective on January 1 of the year that is six years after the year of the coming into force of this subsection, to ten seventeenths of the initial rate, (viii) effective on January 1 of the year that is seven years after the year of the coming into force of this subsection, to nine seventeenths of the initial rate,
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Canada–Colombia F (ix) effective on January 1 of the year that is eight years after the year of the coming into force of this subsection, to eight seventeenths of the initial rate, (x) effective on January 1 of the year that is nine years after the year of the coming into force of this subsection, to seven seventeenths of the initial rate, (xi) effective on January 1 of the year that is 10 years after the year of the coming into force of this subsection, to six seventeenths of the initial rate, (xii) effective on January 1 of the year that is 11 years after the year of the coming into force of this subsection, to five seventeenths of the initial rate, (xiii) effective on January 1 of the year that is 12 years after the year of the coming into force of this subsection, to four seventeenths of the initial rate, (xiv) effective on January 1 of the year that is 13 years after the year of the coming into force of this subsection, to three seventeenths of the initial rate, (xv) effective on January 1 of the year that is 14 years after the year of the coming into force of this subsection, to two seventeenths of the initial rate, (xvi) effective on January 1 of the year that is 15 years after the year of the coming into force of this subsection, to one seventeenth of the initial rate, and (xvii) effective on January 1 of the year that is 16 years after the year of the coming into force of this subsection, to the final rate of “Free”.
Rounding of specific rates
(5) If a reduction under subsection (3) or (4) results in a specific rate of customs duty that includes a fraction of one tenth of a cent, the rate shall be rounded down to the nearest one tenth of a cent.
Rounding of amounts
(6) If a reduction under subsection (3) or (4) results in a rate of customs duty that includes a fraction of one per cent other than 0.5, the
Accord de libre-échan resulting percentage shall be rounded down to the nearest percentage that divides evenly by 0.5.
Elimination of rates of less than two per cent
(7) If a reduction under subsection (3) or (4) results in a rate of customs duty that is a percentage of less than two per cent, the rate shall be further reduced to “Free” immediately.
Extension of Colombia Tariff
(8) Notwithstanding any other provision of this Act, for the purposes of giving effect to Article 317 of the Canada–Colombia Free Trade Agreement, the Minister may, by order, amend the schedule to extend entitlement to the Colombia Tariff to any imported goods subject to any condition that may be specified in the order.
2009, c. 16, s. 43
36. The definition “principal cause” in section 54 of the Act is replaced by the following:
“principal cause” « cause principale »
“principal cause”, in respect of goods imported from Peru or Colombia, means an important cause that is no less important than any other cause.
2009, c. 16, s. 44
37. Section 59.1 of the Act is replaced by the following:
Peru and Colombia emergency measures
59.1 An order made under subsection 55(1) may exclude goods of any kind imported from Peru or Colombia if it appears to the satisfaction of the Governor in Council, on the basis of a report under section 20 or 29 of the Canadian International Trade Tribunal Act, that the quantity of those goods being imported is not a principal cause of serious injury or threat of serious injury to domestic producers of like or directly competitive goods.
2009, c. 16, s. 45(2)
38. Subsection 63(4.1) of the Act is replaced by the following:
Exception for goods imported from Peru or Colombia
(4.1) An order under subsection (1) may exclude goods of any kind imported from Peru or Colombia if it appears to the satisfaction of the Governor in Council, on the basis of a report under the Canadian International Trade Tribunal Act, that the quantity of those goods being
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imported is not a principal cause of serious injury or threat of serious injury to domestic producers of like or directly competitive goods. 39. The Act is amended by adding the following after section 71: Bilateral Emergency Measures — Colombia Order by Governor in Council
71.01 (1) Subject to subsections (2) to (4), if at any time it appears to the satisfaction of the Governor in Council, as a result of an inquiry made by the Canadian International Trade Tribunal under subsection 19.0121(2) of the Canadian International Trade Tribunal Act or further to a complaint filed under subsection 23(1.061) of that Act, that goods that are entitled to the Colombia Tariff are, as a result of that entitlement, being imported in such increased quantities, in absolute terms or relative to the domestic production of like or directly competitive goods, and under such conditions as to constitute a principal cause of serious injury, or a threat of serious injury, to domestic producers of like or directly competitive goods, the Governor in Council may, on the recommendation of the Minister, by order (a) suspend, during the period that the order is in effect, any reduction of the rate of customs duty with respect to those goods that would otherwise be made after that time by virtue of section 49.01; and (b) make those goods subject to a temporary duty, in addition to any other duty specified in this Act or in any other Act of Parliament relating to customs, at a rate set out in the order, but that rate, when added to the rate of customs duty specified in the Colombia Tariff that is in effect in respect of those goods at that time, may not exceed the lesser of (i) the Most-Favoured-Nation Tariff rate of customs duty that is in effect in respect of those goods at the time the order is made, and (ii) the Most-Favoured-Nation Tariff rate of customs duty that was in effect in respect of those goods on January 1, 2007.
2010 Terms and conditions
Accord de libre-échan (2) An order under subsection (1) (a) may not be made more than once in respect of goods of any particular kind; (b) may only remain in effect for the period, not exceeding three years, that is specified in the order; and (c) may only be made during the period beginning on the day on which this subsection comes into force and ending (i) if the order is in respect of goods for which the Colombia Tariff rate of customs duty is reduced to the final rate of “Free” over a period of less than 10 years, on the day that is 10 years after the day on which this subsection comes into force, and (ii) if the order is in respect of goods for which the Colombia Tariff rate of customs duty is reduced to the final rate of “Free” over a period of 10 years or more, on the day after the expiry of the tariff staging period in respect of those goods.
Rate of duty when order ceases to have effect
(3) If an order made under subsection (1) ceases to have effect in a particular calendar year, the rate of customs duty applicable to the goods after the order ceases to have effect is the rate of customs duty that is applicable in accordance with section 49.01.
Definition of “principal cause”
(4) In this section, “principal cause” means, in respect of a serious injury or threat of serious injury, an important cause that is not less important than any other cause of the serious injury or threat.
2009, c. 16, s. 47 and subpar. 56(16)(b)(ii)
40. Section 79 of the Act is replaced by the following:
Goods in transit
79. An order made under subsection 53(2) or 55(1), section 60 or subsection 63(1), 69(2), 70(2), 71.01(1), 71.1(2), 71.5(1), 72(1), 75(1), 76(1) or 76.1(1) may provide that goods that are in transit to Canada at the time the order comes into force are entitled to the tariff treatment that was applicable to those goods immediately before that time.
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2009, c. 16, s. 56(17)
41. Paragraphs 133(j) and (j.1) of the Act are replaced by the following:
Canada–Colombia F
(j) for the purpose of tariff item No. 9971.00.00, prescribing conditions under which goods that have been exported to a NAFTA country, Chile, Costa Rica, Israel or another CIFTA beneficiary, Iceland, Norway, Switzerland, Liechtenstein, Peru or Colombia for repair or alteration may be imported; (j.1) for the purpose of tariff item No. 9992.00.00, prescribing conditions under which goods that have been exported to a NAFTA country, Chile, Costa Rica, Israel or another CIFTA beneficiary, Peru or Colombia for repair or alteration may be imported;
42. (1) The List of Tariff Provisions set out in the schedule to the Act is amended by (a) adding in the column “Preferential Tariff / Initial Rate”, above the reference to “GPT”, a reference to “COLT:”; (b) adding in the column “Preferential Tariff / Final Rate”, above the reference to “GPT”, a reference to “COLT:”; (c) adding in the column “Preferential Tariff / Initial Rate” a reference to “Free” after the abbreviation “COLT”, and adding in the column “Preferential Tariff / Final Rate” a reference to “Free (A)” after the abbreviation “COLT”, for all tariff items except those set out in each of Schedules 1 and 2 to this Act; (d) adding in the columns “Preferential Tariff / Initial Rate” and “Preferential Tariff / Final Rate” a reference to “N/A” after the abbreviation “COLT” for tariff items set out in Schedule 1 to this Act; and (e) adding in the columns “Preferential Tariff / Initial Rate” and “Preferential Tariff / Final Rate” after the abbreviation “COLT”, for each tariff item set out in Schedule 2 to this Act, the rates of duty and staging categories set out with respect to that tariff item in that Schedule.
Accord de libre-échan
(2) The Description of Goods of tariff item No. 9929.00.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing the reference to “imported from the United States, Mexico, Chile, Costa Rica or Peru” with a reference to “imported from the United States, Mexico, Chile, Costa Rica, Peru or Colombia”. (3) The Description of Goods of tariff item No. 9971.00.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing the reference beginning with “All the foregoing,” and ending with “in that country.” with a reference to “All the foregoing, regardless of the country of origin or tariff treatment, returned to Canada after having been exported to the United States, Mexico, Chile, Costa Rica, Israel or another CIFTA beneficiary, Iceland, Norway, Switzerland, Liechtenstein, Peru or Colombia for repair or alteration in that country.”.
(4) The Description of Goods of tariff item No. 9990.00.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by (a) replacing the reference to “Commercial samples imported from the United States, Mexico, Chile, Costa Rica or Peru” with a reference to “Commercial samples imported from the United States, Mexico, Chile, Costa Rica, Peru or Colombia”; and (b) replacing, in paragraph (i), the reference to “in Canadian, Chilean, Mexican, Costa Rican or Peruvian currency” with a reference to “in Canadian, Chilean, Mexican, Costa Rican, Peruvian or Colombian currency”. (5) The Description of Goods of tariff item No. 9992.00.00 in the List of Tariff Provisions set out in the schedule to the Act is amended
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by replacing the reference to “exported to the United States, Mexico, Chile, Costa Rica, Israel or another CIFTA beneficiary or Peru for repair or alteration” with a reference to “exported to the United States, Mexico, Chile, Costa Rica, Israel or another CIFTA beneficiary, Peru or Colombia for repair or alteration”.
2005, c. 34
DEPARTMENT OF HUMAN RESOURCES AND SKILLS DEVELOPMENT ACT 43. The schedule to the Department of Human Resources and Skills Development Act is amended by adding the following after section 1: 2. The Agreement on Labour Cooperation between Canada and the Republic of Colombia, signed on November 21, 2008, as amended from time to time in accordance with Article 30 of that Agreement.
R.S., c. E-19
EXPORT AND IMPORT PERMITS ACT 44. Subsection 2(1) of the Export and Import Permits Act is amended by adding the following in alphabetical order:
“Colombia” « Colombie »
“Colombia” has the same meaning as in subsection 2(1) of the Customs Tariff;
2009, c. 16, s. 53
45. The definition “principal cause” in subsection 4.2(1) of the Act is replaced by the following:
“principal cause” « cause principale »
“principal cause”, in respect of goods imported from Peru or Colombia, means an important cause that is no less important than any other cause;
2009, c. 16, s. 54
46. Subsection 5(3.4) of the Act is replaced by the following:
Exception for goods imported from Peru or Colombia
(3.4) An order made under subsection (3) or (3.2) may exclude goods of any kind imported from Peru or Colombia if it appears to the satisfaction of the Governor in Council, on the basis of a report under the Canadian International Trade Tribunal Act, that the quantity of
Accord de libre-échan
those goods being imported is not a principal cause of serious injury or threat of serious injury to domestic producers of like or directly competitive goods.
R.S., c. F-11
FINANCIAL ADMINISTRATION ACT 47. The Financial Administration Act is amended by adding the following after section 89.4: Implementation of Canada–Colombia Free Trade Agreement
Directive
89.41 (1) Notwithstanding subsections 85(1) to (1.2), the Governor in Council may give a directive under subsection 89(1) to any parent Crown corporation for the purpose of implementing any provision of the Canada– Colombia Free Trade Agreement that pertains to that Crown corporation.
Regulations
(2) The Governor in Council may, on the recommendation of the Treasury Board and the appropriate Minister made at the request of a Crown corporation, make any regulations in relation to that corporation that the Governor in Council considers necessary for the purpose of implementing any provision of the Canada– Colombia Free Trade Agreement that pertains to that corporation.
Definition of “Canada– Colombia Free Trade Agreement”
(3) In subsections (1) and (2), “Canada– Colombia Free Trade Agreement” has the same meaning as “Agreement” in section 2 of the Canada–Colombia Free Trade Agreement Implementation Act. PART 3 COMING INTO FORCE
Order in council
48. (1) The provisions of this Act come into force on a day or days to be fixed by order of the Governor in Council.
Condition
(2) No order may be made under subsection (1) unless the Governor in Council is satisfied that the Government of the Republic of Colombia has taken satisfactory steps to implement the Agreement and the related agreements, including providing the
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Government of Canada with written notification pursuant to Article 3 of the Agreement Concerning Annual Reports on Human Rights and Free Trade Between Canada and the Republic of Colombia and accepting written notification from the Government of Canada pursuant to Article 3 of that Agreement.
Accord de libre-échange Can
SCHED (Subsectio 0105.11.22 0105.94.92 0105.99.12 0207.11.92 0207.12.92 0207.13.92 0207.13.93 0207.14.22 0207.14.92 0207.14.93 0207.24.12 0207.24.92 0207.25.12 0207.25.92 0207.26.20 0207.26.30 0207.27.12 0207.27.92 0207.27.93 0209.00.22 0209.00.24 0210.99.12 0210.99.13 0210.99.15 0210.99.16 0401.10.20 0401.20.20 0401.30.20 0402.10.20 0402.21.12 0402.21.22 0402.29.12 0402.29.22 0402.91.20 0402.99.20 0403.10.20 0403.90.12 0403.90.92 0404.10.22 0404.90.20 0405.10.20 0405.20.20 0405.90.20 0406.10.20 0406.20.12 0406.20.92 0406.30.20 0406.40.20 0406.90.12 0406.90.22 0406.90.32 0406.90.42
0406.90.52 0406.90.62 0406.90.72 0406.90.82 0406.90.92 0406.90.94 0406.90.96 0406.90.99 0407.00.12 0407.00.19 0408.11.20 0408.19.20 0408.91.20 0408.99.20 1517.10.20 1517.90.22 1601.00.22 1601.00.32 1602.20.22 1602.20.32 1602.31.13 1602.31.14 1602.31.94 1602.31.95 1602.32.13 1602.32.14 1602.32.94 1602.32.95 1701.91.10 1701.91.90 1701.99.10 1702.90.11 1702.90.12 1702.90.13 1702.90.14 1702.90.15 1702.90.16 1702.90.17 1702.90.18 1702.90.21 1702.90.29 1702.90.61 1702.90.69 1702.90.70 1702.90.81 1702.90.89 1806.20.22 1806.90.12 1901.20.12 1901.20.22 1901.90.32 1901.90.34
1901.90 1901.90 2105.00 2106.90 2106.90 2106.90 2106.90 2202.90 2309.90 3502.11 3502.19 3504.00 3504.00 3504.00 9801.20 9826.10 9826.20 9826.30 9826.40 9897.00 9898.00 9899.00 9904.00 9938.00 9987.00
Canada–Colombia Free Tra
ANNE (paragrap 0105.11.22 0105.94.92 0105.99.12 0207.11.92 0207.12.92 0207.13.92 0207.13.93 0207.14.22 0207.14.92 0207.14.93 0207.24.12 0207.24.92 0207.25.12 0207.25.92 0207.26.20 0207.26.30 0207.27.12 0207.27.92 0207.27.93 0209.00.22 0209.00.24 0210.99.12 0210.99.13 0210.99.15 0210.99.16 0401.10.20 0401.20.20 0401.30.20 0402.10.20 0402.21.12 0402.21.22 0402.29.12 0402.29.22 0402.91.20 0402.99.20 0403.10.20 0403.90.12 0403.90.92 0404.10.22 0404.90.20 0405.10.20 0405.20.20 0405.90.20 0406.10.20 0406.20.12 0406.20.92 0406.30.20 0406.40.20 0406.90.12 0406.90.22 0406.90.32 0406.90.42
0406.90.52 0406.90.62 0406.90.72 0406.90.82 0406.90.92 0406.90.94 0406.90.96 0406.90.99 0407.00.12 0407.00.19 0408.11.20 0408.19.20 0408.91.20 0408.99.20 1517.10.20 1517.90.22 1601.00.22 1601.00.32 1602.20.22 1602.20.32 1602.31.13 1602.31.14 1602.31.94 1602.31.95 1602.32.13 1602.32.14 1602.32.94 1602.32.95 1701.91.10 1701.91.90 1701.99.10 1702.90.11 1702.90.12 1702.90.13 1702.90.14 1702.90.15 1702.90.16 1702.90.17 1702.90.18 1702.90.21 1702.90.29 1702.90.61 1702.90.69 1702.90.70 1702.90.81 1702.90.89 1806.20.22 1806.90.12 1901.20.12 1901.20.22 1901.90.32 1901.90.34
1901.90 1901.90 2105.00 2106.90 2106.90 2106.90 2106.90 2202.90 2309.90 3502.11 3502.19 3504.00 3504.00 3504.00 9801.20 9826.10 9826.20 9826.30 9826.40 9897.00 9898.00 9899.00 9904.00 9938.00 9987.00
Accord de libre-échange Can
SCHED (Subsectio Tariff Item
Initial Rate
0105.11.21
0.86¢ each
0105.94.91
1.90¢/kg
0105.99.11
1.90¢/kg
0207.11.10
8%
0207.11.91
5% but not
0207.12.10
8%
0207.12.91
5% but not
0207.13.10
4%
0207.13.91
5% but not
0207.14.10
9%
0207.14.91
5% but not
0207.24.11
5% but not
0207.24.91
5% but not
0207.25.11
5% but not
0207.25.91
5% but not
0207.26.10
5% but not
0207.27.91
5% but not
0209.00.21
5% but not
0209.00.23
5% but not
0210.99.11
5% but not
0210.99.14
5% but not
0401.10.10
7.5%
0401.20.10
7.5%
0401.30.10
7.5%
0402.10.10
3.32¢/kg
0402.21.11
3.32¢/kg
0402.21.21
6.5%
0402.29.11
3.32¢/kg
0402.29.21
6.5%
0402.91.10
2.84¢/kg
0402.99.10
2.84¢/kg
0403.90.11
3.32¢/kg
0404.10.10
4.94¢/kg
0404.10.21
3.32¢/kg
0404.10.90
11%
0404.90.10
6.5%
0405.10.10
11.38¢/kg
0405.20.10
7%
Canada–Colombia Free Trad
Tariff Item
Initial Rate
0405.90.10
7.5%
0406.10.10
3.32¢/kg
0406.20.11
2.84¢/kg
0406.20.91
3.32¢/kg
0406.30.10
3.32¢/kg
0406.40.10
3.32¢/kg
0406.90.11
2.84¢/kg
0406.90.21
3.32¢/kg
0406.90.31
3.32¢/kg
0406.90.41
3.32¢/kg
0406.90.51
3.32¢/kg
0406.90.61
3.32¢/kg
0406.90.71
3.32¢/kg
0406.90.81
3.32¢/kg
0406.90.91
3.32¢/kg
0406.90.93
3.32¢/kg
0406.90.95
3.32¢/kg
0406.90.98
3.32¢/kg
0407.00.11
1.51¢/dozen
0407.00.18
1.51¢/dozen
1517.90.21
7.5%
1602.31.11
11%
1602.31.12
7.5%
1602.31.93
5% but not
1602.32.11
11%
1602.32.12
7.5%
1602.32.93
5% but not
1701.12.90
$24.69/tonn
1701.99.90
$30.86/tonn
1702.40.00
6%
1703.90.10
12.5%
1901.90.31
6.5%
2106.90.31
5%
2106.90.33
5%
2106.90.51
6.68¢/kg
2106.90.93
7%
2309.90.31
2%
3502.11.10
8.5%
3502.19.10
6.63¢/kg
3825.30.20
15.5%
4015.11.00
15.5%
Accord de libre-échange Can
Tariff Item
Initial Rate
4015.19.90
15.5%
4015.90.90
14%
4303.10.10
15.5%
4303.10.20
14%
4304.00.00
15.5%
5407.20.99
14%
5602.10.90
14%
5602.21.99
12%
5602.29.00
14%
5602.90.90
14%
5603.11.50
14%
5603.11.99
14%
5603.12.50
14%
5603.12.99
14%
5603.13.50
14%
5603.13.99
14%
5603.14.50
14%
5603.14.99
14%
5603.91.90
14%
5603.92.99
14%
5603.93.90
14%
5603.94.90
14%
5607.29.20
10%
5607.29.90
10%
5607.49.20
10%
5607.49.90
10%
5607.50.20
10%
5607.50.90
10%
5607.90.20
10%
5607.90.90
10%
5903.10.19
14%
5903.10.29
14%
5903.20.19
14%
5903.20.29
14%
5903.90.10
14%
5903.90.29
14%
6305.20.00
17%
6305.32.00
18%
6305.33.00
18%
6305.39.00
18%
6309.00.90
18%
Canada–Colombia Free Tra
Tariff Item
Initial Rate
6401.10.19
20%
6401.10.20
20%
6401.92.12
20%
6401.92.91
20%
6401.92.92
20%
6402.12.20
18%
6402.12.30
17.5%
6402.20.19
16%
6402.20.20
18%
6402.91.10
17.5%
6402.91.90
17.5%
6402.99.10
17.5%
6403.12.20
18%
6403.12.30
18%
6403.40.00
18%
6406.10.11
15.5%
6406.10.19
15.5%
6406.10.90
8%
6504.00.90
12.5%
6505.10.00
15.5%
6505.90.39
12.5%
6505.90.40
12.5%
6505.90.90
15.5%
6506.99.90
12.5%
6812.91.00
15.5%
7019.32.90
15.5%
7019.40.99
15.5%
7019.51.99
15.5%
7019.52.99
15.5%
7019.59.99
15.5%
7019.90.40
15.5%
8804.00.10
15.5%
8901.10.10
25%
8901.10.90
25%
8901.20.10
25%
8901.20.90
25%
8901.30.00
25%
8901.90.10
15%
8901.90.91
25%
8901.90.99
25%
8902.00.10
25%
Accord de libre-échange Can
Tariff Item
Initial Rate
8904.00.00
25%
8905.10.00
25%
8905.20.10
20%
8905.20.20
25%
8905.90.10
20%
8905.90.90
25%
8906.10.00
25%
8906.90.19
15%
8906.90.91
25%
8906.90.99
25%
8907.90.90
15.5%
8908.00.90
15.5%
9401.90.20
15.5%
9404.30.00
15.5%
9404.90.10
14%
9404.90.90
14%
9607.20.10
11.5%
9612.10.20
15.5%
9612.10.30
15.5%
Canada–Colombia Free Tra
ANNE (paragrap Numéro tarifaire
Taux initia
0105.11.21
0,86 ¢ chac
0105.94.91
1,90 ¢/kg
0105.99.11
1,90 ¢/kg
0207.11.10
8%
0207.11.91
5 % mais pa
0207.12.10
8%
0207.12.91
5 % mais pa
0207.13.10
4%
0207.13.91
5 % mais pa
0207.14.10
9%
0207.14.91
5 % mais pa
0207.24.11
5 % mais pa
0207.24.91
5 % mais pa
0207.25.11
5 % mais pa
0207.25.91
5 % mais pa
0207.26.10
5 % mais pa
0207.27.91
5 % mais pa
0209.00.21
5 % mais pa
0209.00.23
5 % mais pa
0210.99.11
5 % mais pa
0210.99.14
5 % mais pa
0401.10.10
7,5 %
0401.20.10
7,5 %
0401.30.10
7,5 %
0402.10.10
3,32 ¢/kg
0402.21.11
3,32 ¢/kg
0402.21.21
6,5 %
0402.29.11
3,32 ¢/kg
0402.29.21
6,5 %
0402.91.10
2,84 ¢/kg
0402.99.10
2,84 ¢/kg
0403.90.11
3,32 ¢/kg
0404.10.10
4,94 ¢/kg
0404.10.21
3,32 ¢/kg
0404.10.90
11 %
0404.90.10
6,5 %
0405.10.10
11,38 ¢/kg
0405.20.10
7%
Accord de libre-échange Can
Numéro tarifaire
Taux initia
0405.90.10
7,5 %
0406.10.10
3,32 ¢/kg
0406.20.11
2,84 ¢/kg
0406.20.91
3,32 ¢/kg
0406.30.10
3,32 ¢/kg
0406.40.10
3,32 ¢/kg
0406.90.11
2,84 ¢/kg
0406.90.21
3,32 ¢/kg
0406.90.31
3,32 ¢/kg
0406.90.41
3,32 ¢/kg
0406.90.51
3,32 ¢/kg
0406.90.61
3,32 ¢/kg
0406.90.71
3,32 ¢/kg
0406.90.81
3,32 ¢/kg
0406.90.91
3,32 ¢/kg
0406.90.93
3,32 ¢/kg
0406.90.95
3,32 ¢/kg
0406.90.98
3,32 ¢/kg
0407.00.11
1,51 ¢/douz
0407.00.18
1,51 ¢/douz
1517.90.21
7,5 %
1602.31.11
11 %
1602.31.12
7,5 %
1602.31.93
5 % mais pa
1602.32.11
11 %
1602.32.12
7,5 %
1602.32.93
5 % mais pa
1701.12.90
24,69 $/ton
1701.99.90
30,86 $/ton
1702.40.00
6%
1703.90.10
12,5 %
1901.90.31
6,5 %
2106.90.31
5%
2106.90.33
5%
2106.90.51
6,68 ¢/kg
2106.90.93
7%
2309.90.31
2%
3502.11.10
8,5 %
3502.19.10
6,63 ¢/kg
3825.30.20
15,5 %
4015.11.00
15,5 %
Canada–Colombia Free Tra
Numéro tarifaire
Taux initia
4015.19.90
15,5 %
4015.90.90
14 %
4303.10.10
15,5 %
4303.10.20
14 %
4304.00.00
15,5 %
5407.20.99
14 %
5602.10.90
14 %
5602.21.99
12 %
5602.29.00
14 %
5602.90.90
14 %
5603.11.50
14 %
5603.11.99
14 %
5603.12.50
14 %
5603.12.99
14 %
5603.13.50
14 %
5603.13.99
14 %
5603.14.50
14 %
5603.14.99
14 %
5603.91.90
14 %
5603.92.99
14 %
5603.93.90
14 %
5603.94.90
14 %
5607.29.20
10 %
5607.29.90
10 %
5607.49.20
10 %
5607.49.90
10 %
5607.50.20
10 %
5607.50.90
10 %
5607.90.20
10 %
5607.90.90
10 %
5903.10.19
14 %
5903.10.29
14 %
5903.20.19
14 %
5903.20.29
14 %
5903.90.10
14 %
5903.90.29
14 %
6305.20.00
17 %
6305.32.00
18 %
6305.33.00
18 %
6305.39.00
18 %
6309.00.90
18 %
Accord de libre-échange Can
Numéro tarifaire
Taux initia
6401.10.19
20 %
6401.10.20
20 %
6401.92.12
20 %
6401.92.91
20 %
6401.92.92
20 %
6402.12.20
18 %
6402.12.30
17,5 %
6402.20.19
16 %
6402.20.20
18 %
6402.91.10
17,5 %
6402.91.90
17,5 %
6402.99.10
17,5 %
6403.12.20
18 %
6403.12.30
18 %
6403.40.00
18 %
6406.10.11
15,5 %
6406.10.19
15,5 %
6406.10.90
8%
6504.00.90
12,5 %
6505.10.00
15,5 %
6505.90.39
12,5 %
6505.90.40
12,5 %
6505.90.90
15,5 %
6506.99.90
12,5 %
6812.91.00
15,5 %
7019.32.90
15,5 %
7019.40.99
15,5 %
7019.51.99
15,5 %
7019.52.99
15,5 %
7019.59.99
15,5 %
7019.90.40
15,5 %
8804.00.10
15,5 %
8901.10.10
25 %
8901.10.90
25 %
8901.20.10
25 %
8901.20.90
25 %
8901.30.00
25 %
8901.90.10
15 %
8901.90.91
25 %
8901.90.99
25 %
8902.00.10
25 %
Canada–Colombia Free Tra
Numéro tarifaire
Taux initia
8904.00.00
25 %
8905.10.00
25 %
8905.20.10
20 %
8905.20.20
25 %
8905.90.10
20 %
8905.90.90
25 %
8906.10.00
25 %
8906.90.19
15 %
8906.90.91
25 %
8906.90.99
25 %
8907.90.96
15,5 %
8908.00.90
15,5 %
9401.90.20
15,5 %
9404.30.00
15,5 %
9404.90.10
14 %
9404.90.90
14 %
9607.20.10
11,5 %
9612.10.20
15,5 %
9612.10.30
15,5 %
Published under authority of the Speaker of the House of Commons Available from : Publishing and Depository Services Public Works and Government Services Canada Ottawa, Ontario K1A 0S5 Telephone: 613-941-5995 or 1-800-635-7943 Fax: 613-954-5779 or 1-800-565-7757 publications@tpsgc-pwgsc.gc.ca http://publications.gc.ca
Also available on the Parliament of Can Aussi disponible sur le site Web du Par http://www Available from: Publishing and Depository Services Public Works and Government Services Canada Ottawa, Ontario K1A 0S5 Telephone: 613-941-5995 or 1-800-635-7943 Fax: 613-954-5779 or 1-800-565-7757 publications@pwgsc.gc.ca http://publications.gc.ca
|
Third Session, Fortieth Parliament, 59 Elizabeth II, 2010
STATUTES OF CANADA 2010
CHAPTER 6 An Act to amend the First Nations Commercial and Industrial Development Act and another Act in consequence thereof
ASSENTED TO 29th JUNE, 2010 BILL C-24
RECOMMENDATION Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act to amend the First Nations Commercial and Industrial Development Act and another Act in consequence thereof”.
SUMMARY This enactment amends the First Nations Commercial and Industrial Development Act to expand the existing regulation-making powers in order to establish a system for the registration of reserve lands for first nations that desire it.
Also available on the Parliament of Canada Web Site at the following address: http://www.parl.gc.ca
59 ELIZABETH II —————— CHAPTER 6 An Act to amend the First Nations Commercial and Industrial Development Act and another Act in consequence thereof [Assented to 29th June, 2010] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: SHORT TITLE Short title
1. This Act may be cited as the First Nations Certainty of Land Title Act.
2005, c. 53
FIRST NATIONS COMMERCIAL AND INDUSTRIAL DEVELOPMENT ACT 2. Subsection 2(1) of the First Nations Commercial and Industrial Development Act is amended by adding the following in alphabetical order:
“provincial body” « organisme provincial »
“provincial official” « fonctionnaire provincial »
“provincial body” means a body established by the laws of a province. “provincial official” means a minister of the Crown in right of a province, a person employed by a province or a person appointed to, or employed by, a provincial body. 3. Subsection 3(2) of the Act is amended by striking out “and” at the end of paragraph (p) and by adding the following after paragraph (q): (r) provide for the arbitration of disputes arising under the regulations; and
C. 6
First Nations Commercial a
(s) provide for the disposition or destruction of documents, regardless of medium, that are created or submitted under the regulations. 4. The Act is amended by adding the following after section 4: Regulations — land registration
4.1 (1) The Governor in Council may make regulations respecting the establishment and operation of a system for the registration of interests and rights in reserve lands described in the regulations.
Content of regulations
(2) Regulations made under subsection (1) may, despite any other Act of Parliament, (a) establish priorities or, in Quebec, rankings among interests or rights that have been registered; (b) establish a fund to compensate for losses in relation to interests or rights that have been registered or that should have been registered; (c) for purposes of registration, deem Her Majesty’s or a first nation’s interest or rights in the reserve lands to constitute fee simple title to or, in Quebec, ownership of the lands; (d) deem valid any surrender or designation of the reserve lands made or purported to be made under the Indian Act despite an assertion to the contrary by any person; (e) confirm the legal capacity of a first nation to hold, transfer and register interests and rights in the reserve lands; (f) authorize Her Majesty, without any new surrender or designation of reserve lands under the Indian Act by a first nation, to grant fee simple title to those lands to Herself or to the first nation or, in Quebec, confer ownership of those lands on Herself or on the first nation, for a purpose authorized under a surrender or designation made under that Act prior to the grant or conferral; (g) authorize the Minister, for the purposes of registration, to certify that Her Majesty or any other person has an interest or right in the reserve lands;
Développement commercial et i (h) entitle the holders of registrable interests and rights in the reserve lands to apply for registration; (i) provide for the registration, at the request of the Minister or a first nation, of registrable interests and rights of any person that existed at the time of the initial registration of the fee simple title or ownership or other interests or rights of Her Majesty or the first nation in the reserve lands; (j) provide for the substitution by the Minister or a first nation, as the case may be, of registrable interests and rights in the reserve lands for non-registrable ones; (k) provide for the extinguishment of any interests and rights that are not registered; (l) provide for the manner of calculating the compensation, if any, to be paid by a first nation for any substitution or extinguishment referred to in paragraphs (j) and (k), and limit the time for claiming such compensation; and (m) exclude the reserve lands from the application of sections 19, 21 and 55 of the Indian Act.
Interests and rights not affected
(3) A grant or conferral under paragraph (2)(f) does not affect Her Majesty’s title to the reserve lands, or a first nation’s interest or rights in the reserve lands, as the case may be.
Incorporation by reference
(4) The regulations may incorporate by reference any laws of the province, as amended from time to time, with any adaptations that the Governor in Council considers necessary. 5. (1) The portion of section 5 of the Act before paragraph (a) is replaced by the following:
Conditions for making regulations
5. (1) Regulations may not be made under section 3 or 4.1 in respect of reserve lands of a first nation unless
C. 6
First Nations Commercial a
(2) Section 5 of the Act is amended by adding the following after subsection (1): Dispute resolution
(2) An agreement referred to in paragraph (1)(b) may provide for the arbitration, in accordance with the laws of the province, of disputes arising from the interpretation or application of that agreement, in which case the Commercial Arbitration Act does not apply to the dispute.
Non-application
(3) Subsection (1) does not apply to the amendment or repeal of regulations made under section 3 or 4.1. 6. Sections 7 to 9 of the Act are replaced by the following:
Conflict with first nation laws or by-laws
7. Regulations made under section 3 or 4.1 prevail over any laws or by-laws made by a first nation to the extent of any conflict or inconsistency between them, unless those regulations provide otherwise. OTHER ACTS
Statutory Instruments Act
Federal Courts Act
Review or appeal in provincial courts
8. The Statutory Instruments Act does not apply to any instruments made by a provincial official or body under authority of a provincial law incorporated by reference in regulations made under section 3 or 4.1. 9. (1) A provincial official or body that exercises a power or performs a duty under regulations made under section 3 or 4.1 is not a federal board, commission or other tribunal for the purposes of the Federal Courts Act. (2) Unless otherwise provided by regulations made under section 3 or 4.1, where a power or duty is conferred or imposed by a provincial law that is incorporated by reference in the regulations, its exercise or performance pursuant to the regulations is subject to review by, or appeal to, the courts of the province in the same manner and to the same extent as if the provincial law applied of its own force. 7. The portion of section 11 of the Act before paragraph (a) is replaced by the following:
2010 Acts and omissions
Développement commercial et i 11. In respect of any act or omission occurring in the exercise of a power or the performance of a duty under regulations made under section 3 or 4.1, 8. The Act is amended by adding the following after section 12:
Registration, substitution or extinguishment
R.S., c. L-6
12.1 No civil proceeding may be brought against Her Majesty in right of Canada or a province, a federal or provincial official or body or a person acting on behalf of any of them, in relation to the registration of the title or ownership of Her Majesty or a first nation, or of any registrable interest or right referred to in paragraph 4.1(2)(i), or in relation to the substitution or extinguishment of any interest or right in reserve lands pursuant to regulations made under section 4.1.
CONSEQUENTIAL AMENDMENT TO THE CANADA LANDS SURVEYS ACT 9. Subparagraph 24(1)(a)(i) of the Canada Lands Surveys Act is replaced by the following: (i) surrendered lands or a reserve, as those expressions are defined in the Indian Act, other than reserve lands described in regulations made under section 4.1 of the First Nations Commercial and Industrial Development Act, COMING INTO FORCE
Order in council
10. The provisions of this Act come into force on a day or days to be fixed by order of the Governor in Council.
Published under authority of the Speaker of the House of Commons Available from: Publishing and Depository Services Public Works and Government Services Canada Ottawa, Ontario K1A 0S5 Telephone: 613-941-5995 or 1-800-635-7943 Fax: 613-954-5779 or 1-800-565-7757 publications@tpsgc-pwgsc.gc.ca http://publications.gc.ca
Also available on the Parliament of Can Aussi disponible sur le site Web du Par http://www Available from: Publishing and Depository Services Public Works and Government Services Canada Ottawa, Ontario K1A 0S5 Telephone: 613-941-5995 or 1-800-635-7943 Fax: 613-954-5779 or 1-800-565-7757 publications@pwgsc.gc.ca http://publications.gc.ca
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Third Session, Fortieth Parliament, 59 Elizabeth II, 2010
STATUTES OF CANADA 2010
CHAPTER 17 An Act to amend the Criminal Code and other Acts
ASSENTED TO 15th DECEMBER, 2010 BILL S-2
SUMMARY This enactment amends the Criminal Code, the Sex Offender Information Registration Act and the National Defence Act to enhance police investigation of crimes of a sexual nature and allow police services to use the national database proactively to prevent crimes of a sexual nature. It also amends the Criminal Code and the International Transfer of Offenders Act to require sex offenders arriving in Canada to comply with the Sex Offender Information Registration Act. It also amends the Criminal Code to provide that sex offenders who are subject to a mandatory requirement to comply with the Sex Offender Information Registration Act are also subject to a mandatory requirement to provide a sample for forensic DNA analysis. It also amends the National Defence Act to reflect the amendments to the Criminal Code relating to the registration of sex offenders.
Also available on the Parliament of Canada Web Site at the following address: http://www.parl.gc.ca
59 ELIZABETH II —————— CHAPTER 17 An Act to amend the Criminal Code and other Acts [Assented to 15th December, 2010] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: SHORT TITLE Short title
R.S., c. C-46
1. This Act may be cited as the Protecting Victims From Sex Offenders Act. CRIMINAL CODE 2. Subsection 173(2) of the Criminal Code is replaced by the following:
Exposure
(2) Every person who, in any place, for a sexual purpose, exposes his or her genital organs to a person who is under the age of 16 years (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or (b) is guilty of an offence punishable on summary conviction. 3. (1) Subparagraph (a)(i) of the definition “primary designated offence” in section 487.04 of the Act is replaced by the following: (i) subsection 7(4.1) (offence in relation to sexual offences against children), (i.1) section 151 (sexual interference), (i.2) section 152 (invitation to sexual touching), (i.3) section 153 (sexual exploitation),
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(i.4) section 153.1 (sexual exploitation of person with disability), (i.5) section 155 (incest), (i.6) subsection 160(2) (compelling the commission of bestiality), (i.7) subsection 160(3) (bestiality in presence of or by a child), (i.8) section 163.1 (child pornography), (i.9) section 170 (parent or guardian procuring sexual activity), (i.91) section 172.1 (luring a child by means of a computer system), (i.92) subsection 173(2) (exposure), (i.93) paragraph 212(1)(i) (stupefying or overpowering for the purpose of sexual intercourse), (i.94) subsection 212(2) (living on the avails of prostitution of a person under age of 18), (i.95) subsection 212(2.1) (aggravated offence in relation to living on the avails of prostitution of a person under age of 18), (i.96) subsection 212(4) (obtaining prostitution of person under age of 18),
(2) Paragraph (a) of the definition “primary designated offence” in section 487.04 of the Act is amended by adding the following after subparagraph (xi.2): (xi.3) section 271 (sexual assault), (3) Paragraph (a) of the definition “primary designated offence” in section 487.04 of the Act is amended by adding the following after subparagraph (xiii): (xiii.1) subsection 273.3(2) (removal of a child from Canada), (4) Subparagraphs (a.1)(i.11) to (v.2) of the definition “primary designated offence” in section 487.04 of the Act are replaced by the following:
Protection des victimes (iv) paragraphs 212(1)(a) to (h) (procuring), (v) paragraph 212(1)(j) (procuring), (5) Subparagraph (a.1)(vii) of the definition “primary designated offence” in section 487.04 of the Act is repealed. (6) Paragraph (b) of the definition “primary designated offence” in section 487.04 of the Act is amended by adding the following after subparagraph (i): (i.1) section 145 (attempt to commit rape), (7) Paragraph (b) of the definition “primary designated offence” in section 487.04 of the Act is amended by striking out “and” at the end of subparagraph (v), by adding “and” at the end of subparagraph (vi) and by adding the following after subparagraph (vi): (vii) subsection 246(1) (assault with intent) if the intent is to commit an offence referred to in subparagraphs (i) to (vi),
(8) Paragraph (c) of the definition “primary designated offence” in section 487.04 of the Act is replaced by the following: (c) an offence under any of the following provisions of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as they read from time to time before January 1, 1988: (i) subsection 146(1) (sexual intercourse with a female under age of 14), (ii) subsection 146(2) (sexual intercourse with a female between ages of 14 and 16), (iii) section 153 (sexual intercourse with step-daughter), (iv) section 157 (gross indecency), (v) section 166 (parent or guardian procuring defilement), and (vi) section 167 (householder permitting defilement),
C. 17
Protecting Victims F
(c.01) an offence under any of the following provisions of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as enacted by section 19 of An Act to amend the Criminal Code in relation to sexual offences and other offences against the person and to amend certain other Acts in relation thereto or in consequence thereof, chapter 125 of the Statutes of Canada, 198081-82-83: (i) section 246.1 (sexual assault), (ii) section 246.2 (sexual assault with a weapon, threats to a third party or causing bodily harm), and (iii) section 246.3 (aggravated sexual assault), (9) Paragraph (d) of the definition “primary designated offence” in section 487.04 of the Act is replaced by the following: (d) an attempt to commit or, other than for the purposes of subsection 487.05(1), a conspiracy to commit an offence referred to in any of paragraphs (a) to (c.01); (10) Subparagraphs (c)(i.4) to (iii) of the definition “secondary designated offence” in section 487.04 of the Act are replaced by the following: (iii) subsection 173(1) (indecent acts), 4. (1) Paragraph (a) of the definition “designated offence” in subsection 490.011(1) of the Act is amended by adding the following after subparagraph (vi): (vi.1) subsection 160(2) (compelling the commission of bestiality), (2) Subparagraph (b)(i) of the definition “designated offence” in subsection 490.011(1) of the Act is replaced by the following: (i) section 162 (voyeurism), (i.1) subsection 173(1) (indecent acts),
Protection des victimes (3) Paragraph (b) of the definition “designated offence” in subsection 490.011(1) of the Act is amended by adding the following after subparagraph (iii): (iii.1) section 231 (murder), 5. Section 490.012 of the Act is replaced by the following:
Order
490.012 (1) When a court imposes a sentence on a person for an offence referred to in paragraph (a), (c), (c.1), (d) or (e) of the definition “designated offence” in subsection 490.011(1) or renders a verdict of not criminally responsible on account of mental disorder for such an offence, it shall make an order in Form 52 requiring the person to comply with the Sex Offender Information Registration Act for the applicable period specified in section 490.013.
Order — if intent established
(2) When a court imposes a sentence on a person for an offence referred to in paragraph (b) or (f) of the definition “designated offence” in subsection 490.011(1), it shall, on application of the prosecutor, make an order in Form 52 requiring the person to comply with the Sex Offender Information Registration Act for the applicable period specified in section 490.013 if the prosecutor establishes beyond a reasonable doubt that the person committed the offence with the intent to commit an offence referred to in paragraph (a), (c), (c.1), (d) or (e) of that definition.
Order — if previous offence established
(3) When a court imposes a sentence on a person for a designated offence in connection with which an order may be made under subsection (1) or (2) or renders a verdict of not criminally responsible on account of mental disorder for such an offence, it shall, on application of the prosecutor, make an order in Form 52 requiring the person to comply with the Sex Offender Information Registration Act for the applicable period specified in section 490.013 if the prosecutor establishes that (a) the person was, before or after the coming into force of this paragraph, previously convicted of, or found not criminally
C. 17
Protecting Victims F
responsible on account of mental disorder for, an offence referred to in paragraph (a), (c), (c.1), (d) or (e) of the definition “designated offence” in subsection 490.011(1) or in paragraph (a) or (c) of the definition “designated offence” in section 227 of the National Defence Act; (b) the person was not served with a notice under section 490.021 or 490.02903 or under section 227.08 of the National Defence Act in connection with that offence; and (c) no order was made under subsection (1) or under subsection 227.01(1) of the National Defence Act in connection with that offence.
Failure to make order
(4) If the court does not consider the matter under subsection (1) or (3) at that time, the court (a) shall, within 90 days after the day on which it imposes the sentence or renders the verdict, set a date for a hearing to do so; (b) retains jurisdiction over the matter; and (c) may require the person to appear by closed-circuit television or any other means that allows the court and the person to engage in simultaneous visual and oral communication, as long as the person is given the opportunity to communicate privately with counsel if they are represented by counsel.
6. Subsection 490.013(3) of the Act is replaced by the following: Duration of order
(2.1) An order made under subsection 490.012(1) applies for life if the person is convicted of, or found not criminally responsible on account of mental disorder for, more than one offence referred to in paragraph (a), (c), (c.1), (d) or (e) of the definition “designated offence” in subsection 490.011(1).
Duration of order
(3) An order made under subsection 490.012(1) or (2) applies for life if the person is, or was at any time, subject to an obligation under section 490.019 or 490.02901, under
Protection des victimes section 227.06 of the National Defence Act or under section 36.1 of the International Transfer of Offenders Act. 7. Section 490.014 of the Act is replaced by the following:
Appeal
490.014 The prosecutor, or a person who is subject to an order under subsection 490.012(2), may appeal from a decision of the court under that subsection on any ground of appeal that raises a question of law or of mixed law and fact. The appeal court may dismiss the appeal, or allow it and order a new hearing, quash the order or make an order that may be made under that subsection. 8. (1) Paragraph 490.015(1)(c) of the Act is replaced by the following: (c) if 20 years have elapsed since the order was made, in the case of an order referred to in paragraph 490.013(2)(c) or subsection 490.013(2.1), (3) or (5). (2) Subsection 490.015(4) of the Act is replaced by the following:
Scope of application
(4) The application shall be in relation to every order that is in effect. If a person is subject to an obligation under section 490.019 or 490.02901, under section 227.06 of the National Defence Act or under section 36.1 of the International Transfer of Offenders Act, the application shall also be in relation to that obligation. 9. (1) Subsection 490.016(1) of the Act is replaced by the following:
Termination order
490.016 (1) The court shall make a termination order if it is satisfied that the person has established that the impact on them of continuing an order or an obligation, including on their privacy or liberty, would be grossly disproportionate to the public interest in protecting society through the effective prevention or investigation of crimes of a sexual nature, to be achieved by the registration of information relating to sex offenders under the Sex Offender Information Registration Act. (2) Subsection 490.016(3) of the Act is replaced by the following:
C. 17
Requirements relating to notice
(3) If the court makes a termination order, it shall cause the Commissioner of the Royal Canadian Mounted Police and the Attorney General of the province, or the minister of justice of the territory, to be notified of the decision.
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10. Subsection 490.017(2) of the Act is replaced by the following: Requirements relating to notice
(2) If the appeal court makes an order that may be made under subsection 490.016(1), it shall cause the Commissioner of the Royal Canadian Mounted Police and the Attorney General of the province, or the minister of justice of the territory, in which the application for the order was made to be notified of the decision. 11. Paragraph 490.018(1)(d) of the Act is amended by striking out “and” at the end of subparagraph (ii), by adding “and’’ at the end of subparagraph (iii) and by adding the following after subparagraph (iii): (iv) the Commissioner of the Royal Canadian Mounted Police. 12. The heading before section 490.019 of the Act is replaced by the following: Notice and Obligation to Comply with the Sex Offender Information Registration Act — Convictions Before December 15, 2004 13. (1) Subsection 490.023(2) of the Act is replaced by the following:
Exemption order
(2) The court shall make an exemption order if it is satisfied that the person has established that the impact of the obligation on them, including on their privacy or liberty, would be grossly disproportionate to the public interest in protecting society through the effective prevention or investigation of crimes of a sexual nature, to be achieved by the registration of information relating to sex offenders under the Sex Offender Information Registration Act. (2) Subsection 490.023(4) of the Act is replaced by the following:
2010 Removal of information from database
Protection des victimes (4) If the court makes an exemption order, it shall also make an order requiring the Royal Canadian Mounted Police to permanently remove from the database all information that relates to the person that was registered in the database on receipt of the copy of the notice. 14. Subsection 490.024(2) of the Act is replaced by the following:
Removal of information from database
(2) If the appeal court makes an exemption order, it shall also make an order requiring the Royal Canadian Mounted Police to permanently remove from the database all information that relates to the person that was registered in the database on receipt of the copy of the notice. 15. Section 490.025 of the Act is replaced by the following:
Requirements relating to notice
490.025 If a court refuses to make an exemption order or an appeal court dismisses an appeal from such a decision or quashes an exemption order, it shall cause the Commissioner of the Royal Canadian Mounted Police and the Attorney General of the province, or the minister of justice of the territory, in which the application for the order was made to be notified of the decision and shall cause the person who applied for the order to be informed of sections 4 to 7.1 of the Sex Offender Information Registration Act, sections 490.031 and 490.0311 of this Act and section 119.1 of the National Defence Act. 16. (1) Subsection 490.026(1) of the Act is replaced by the following:
Application for termination order
490.026 (1) A person who is subject to an obligation under section 490.019 may apply for a termination order unless they are also subject to an obligation under section 490.02901, under section 227.06 of the National Defence Act or under section 36.1 of the International Transfer of Offenders Act — or an order under section 490.012 or under section 227.01 of the National Defence Act — that began later.
(2) Subsection 490.026(5) of the Act is replaced by the following:
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Re-application
(5) A person whose application is refused may apply again if five years have elapsed since they made the application. They may also apply again if they receive a pardon. However, they may not apply again if, after they made the application, they become subject to an obligation under section 490.02901, under section 227.06 of the National Defence Act or under section 36.1 of the International Transfer of Offenders Act or an order under section 490.012 or under section 227.01 of the National Defence Act.
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17. (1) Subsection 490.027(1) of the Act is replaced by the following: Termination order
490.027 (1) The court shall make an order terminating the obligation if it is satisfied that the person has established that the impact on them of continuing the obligation, including on their privacy or liberty, would be grossly disproportionate to the public interest in protecting society through the effective prevention or investigation of crimes of a sexual nature, to be achieved by the registration of information relating to sex offenders under the Sex Offender Information Registration Act. (2) Subsection 490.027(3) of the Act is replaced by the following:
Requirements relating to notice
(3) If the court makes a termination order, it shall cause the Commissioner of the Royal Canadian Mounted Police and the Attorney General of the province, or the minister of justice of the territory, to be notified of the decision. 18. Subsection 490.029(2) of the Act is replaced by the following:
Requirements relating to notice
(2) If the appeal court makes an order that may be made under subsection 490.027(1), it shall cause the Commissioner of the Royal Canadian Mounted Police and the Attorney General of the province, or the minister of justice of the territory, in which the application for the order was made to be notified of the decision. 19. The Act is amended by adding the following after section 490.029:
Protection des victimes Notice and Obligation to Comply with the Sex Offender Information Registration Act — Convictions Outside Canada
Obligation
490.02901 A person who is served with a notice in Form 54 shall comply with the Sex Offender Information Registration Act for the applicable period specified in section 490.02904 unless a court makes an exemption order under subsection 490.02905(2).
Persons who may be served
490.02902 (1) The Attorney General of a province, or the minister of justice of a territory, may serve a person with a notice in Form 54 only if the person arrived in Canada after the coming into force of this subsection and they were convicted of or found not criminally responsible on account of mental disorder for an offence outside Canada — other than a service offence as defined in subsection 2(1) of the National Defence Act — that is, in the opinion of the Attorney General or minister of justice, equivalent to an offence referred to in paragraph (a) of the definition “designated offence” in subsection 490.011(1).
Exception
(2) The notice shall not be served on a person who has been acquitted of every offence in connection with which a notice may be served on them under section 490.02903.
Period for and method of service
490.02903 (1) A notice in Form 54 shall be personally served.
Proof of service
(2) An affidavit of the person who served the notice, sworn before a commissioner or other person authorized to take affidavits, is evidence of the service and the notice if it sets out that (a) the person who served the notice has charge of the appropriate records and has knowledge of the facts in the particular case; (b) the notice was personally served on the person to whom it was directed on a named day; and (c) the person who served the notice identifies a true copy of the notice as an exhibit attached to the affidavit.
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Requirements relating to notice
(3) The person who served the notice shall, without delay, send a copy of the affidavit and the notice to the Attorney General of the province, or the minister of justice of the territory, in which the person was served.
When obligation begins
490.02904 (1) The obligation under section 490.02901 begins on the day on which the person is served with the notice.
When obligation ends
(2) The obligation ends on the day on which an exemption order is made.
Duration of obligation
(3) If subsection (2) does not apply, the obligation
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(a) ends 10 years after the person was sentenced or found not criminally responsible on account of mental disorder if the maximum term of imprisonment provided for in Canadian law for the equivalent offence is two or five years; (b) ends 20 years after the person was sentenced or found not criminally responsible on account of mental disorder if the maximum term of imprisonment provided for in Canadian law for the equivalent offence is 10 or 14 years; (c) applies for life if the maximum term of imprisonment provided for in Canadian law for the equivalent offence is life; or (d) applies for life if, before or after the coming into force of this paragraph, the person was convicted of, or found not criminally responsible on account of mental disorder for, more than one offence referred to in paragraph (a), (c), (c.1), (d) or (e) of the definition “designated offence” in subsection 490.011(1) or referred to in paragraph (a) or (c) of the definition “designated offence” in section 227 of the National Defence Act and if more than one of those offences is listed in the notice. Application for exemption order
490.02905 (1) A person who is served with a notice in Form 54 under section 490.02903 may apply to a court of criminal jurisdiction for an order exempting them from the obligation within one year after they are served.
Protection des victimes
2010 Exemption order
(2) The court (a) shall make an exemption order if it is satisfied that the person has established that (i) they were not convicted of or found not criminally responsible on account of mental disorder for or were acquitted of the offence in question, or (ii) the offence in question is not equivalent to an offence referred to in paragraph (a) of the definition “designated offence” in subsection 490.011(1); and (b) shall order that the notice be corrected if it is satisfied that the offence in question is not equivalent to the offence referred to in the notice but is equivalent to another offence referred to in paragraph (a) of the definition “designated offence” in subsection 490.011(1).
Reasons for decision
(3) The court shall give reasons for its decision.
Removal of information from database
(4) If the court makes an exemption order, it shall also make an order requiring the Royal Canadian Mounted Police to permanently remove from the database all information that relates to the person that was registered in the database on receipt of the copy of the notice.
Notification
(5) If the court makes an order referred to in paragraph (2)(b), it shall cause the Commissioner of the Royal Canadian Mounted Police and the Attorney General of the province, or the minister of justice of the territory, in which the application for the order was made to be notified of the decision.
Appeal
490.02906 (1) The Attorney General or the person who applied for an exemption order may appeal from a decision under subsection 490.02905(2) on any ground of appeal that raises a question of law or of mixed law and fact. The appeal court may (a) dismiss the appeal; (b) allow the appeal and order a new hearing; (c) quash the exemption order; or (d) make an order that may be made under that subsection.
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Removal of information from database
(2) If an appeal court makes an exemption order, it shall also make an order requiring the Royal Canadian Mounted Police to permanently remove from the database all information that relates to the person that was registered in the database on receipt of the copy of the notice.
Requirements relating to notice
490.02907 If an appeal court quashes an exemption order, it shall cause the Commissioner of the Royal Canadian Mounted Police and the Attorney General of the province, or the minister of justice of the territory, in which the application for the order was made to be notified of the decision and shall cause the person who applied for the order to be informed of sections 4 to 7.1 of the Sex Offender Information Registration Act, sections 490.031 and 490.0311 of this Act and section 119.1 of the National Defence Act.
Application for termination order
490.02908 (1) A person who is subject to an obligation under section 490.02901 may apply to a court of criminal jurisdiction for a termination order unless they are also subject to another obligation under that section — or to an obligation under section 490.019, under section 227.06 of the National Defence Act or under section 36.1 of the International Transfer of Offenders Act or an order under section 490.012 or under section 227.01 of the National Defence Act — that began later.
Time for application — one offence
(2) The person may apply for a termination order if the following period has elapsed since the sentence was imposed or the verdict of not criminally responsible on account of mental disorder was rendered:
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(a) five years if the maximum term of imprisonment provided for in Canadian law for the equivalent offence is two or five years; (b) 10 years if the maximum term of imprisonment provided for in Canadian law for the equivalent offence is 10 or 14 years; or (c) 20 years if the maximum term of imprisonment provided for in Canadian law for the equivalent offence is life.
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Time for application — more than one offence
(3) If more than one offence is listed in the notice served under section 490.02903, the person may apply for a termination order if 20 years have elapsed since the sentence was imposed, or the verdict of not criminally responsible on account of mental disorder was rendered, for the most recent offence.
Re-application
(4) A person whose application is refused may apply again if five years have elapsed since the application was made.
Termination order
490.02909 (1) The court shall make an order terminating the obligation if it is satisfied that the person has established that the impact on them of continuing the obligation, including on their privacy or liberty, would be grossly disproportionate to the public interest in protecting society through the effective prevention or investigation of crimes of a sexual nature to be achieved by the registration of information relating to sex offenders under the Sex Offender Information Registration Act.
Reasons for decision
(2) The court shall give reasons for its decision.
Requirements relating to notice
(3) If the court makes a termination order, it shall cause the Commissioner of the Royal Canadian Mounted Police and the Attorney General of the province, or the minister of justice of the territory, to be notified of the decision.
Appeal
490.0291 (1) The Attorney General or the person who applied for a termination order may appeal from a decision under subsection 490.02909(1) on any ground of appeal that raises a question of law or of mixed law and fact. The appeal court may dismiss the appeal, allow the appeal and order a new hearing, quash the termination order or make an order that may be made under that subsection.
Requirements relating to notice
(2) If the appeal court makes an order that may be made under subsection 490.02909(1), it shall cause the Commissioner of the Royal Canadian Mounted Police and the Attorney General of the province, or the minister of justice of the territory, in which the application for the order was made to be notified of the decision.
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Obligation to advise police service
490.02911 (1) A person who was convicted of or found not criminally responsible on account of mental disorder for an offence outside Canada shall, if the offence is equivalent to one referred to in paragraph (a) of the definition “designated offence” in subsection 490.011(1), advise a police service within seven days after the day on which they arrive in Canada of that fact and of their name, date of birth, gender and address. They are not required to so advise the police service again unless they are later convicted of or found not criminally responsible on account of mental disorder for another such offence.
Change in address
(2) The person shall, if they are in Canada, advise a police service of a change in address within seven days after the day on which the change is made.
Information to be provided to Attorney General
(3) The police service shall cause the Attorney General of the province, or the minister of justice of the territory, in which it is located to be provided with the information.
Obligation ends
(4) A person’s obligation under subsection (2) ends when they are served under section 490.02902 or, if it is earlier, one year after the day on which they advise the police service under subsection (1).
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International Transfer of Offenders Act Application for termination order
490.02912 (1) A person who is subject to an obligation under section 36.1 of the International Transfer of Offenders Act may apply to a court of criminal jurisdiction for a termination order unless they are also subject to an obligation under section 490.019 or 490.02901 or under section 227.06 of the National Defence Act — or to an order under section 490.012 or under section 227.01 of the National Defence Act — that began later.
Time for application — one offence
(2) The person may apply for a termination order if the following period has elapsed since the sentence was imposed or the verdict of not criminally responsible on account of mental disorder was rendered:
Protection des victimes (a) five years if the maximum term of imprisonment provided for in Canadian law for the equivalent offence is two or five years; (b) 10 years if the maximum term of imprisonment provided for in Canadian law for the equivalent offence is 10 or 14 years; or (c) 20 years if the maximum term of imprisonment provided for in Canadian law for the equivalent offence is life.
More than one offence
(3) If more than one offence is listed in the copy of the Form 1 that was delivered under subparagraph 8(4)(a)(ii) of the International Transfer of Offenders Act, the person may apply for a termination order if 20 years have elapsed since the sentence was imposed, or the verdict of not criminally responsible on account of mental disorder was rendered, for the most recent offence.
Re-application
(4) A person whose application is refused may apply again if five years have elapsed since the application was made.
Termination order
490.02913 (1) The court shall make an order terminating the obligation if it is satisfied that the person has established that the impact on them of continuing the obligation, including on their privacy or liberty, would be grossly disproportionate to the public interest in protecting society through the effective prevention or investigation of crimes of a sexual nature to be achieved by the registration of information relating to sex offenders under the Sex Offender Information Registration Act.
Reasons for decision
(2) The court shall give reasons for its decision.
Requirements relating to notice
(3) If the court makes a termination order, it shall cause the Commissioner of the Royal Canadian Mounted Police and the Attorney General of the province, or the minister of justice of the territory, to be notified of the decision.
Appeal
490.02914 (1) The Attorney General or the person who applied for a termination order may appeal from a decision under subsection 490.02913(1) on any ground of appeal that raises a question of law or of mixed law and
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fact. The appeal court may dismiss the appeal, allow the appeal and order a new hearing, quash the termination order or make an order that may be made under that subsection. Requirements relating to notice
(2) If the appeal court makes an order that may be made under subsection 490.02913(1), it shall cause the Commissioner of the Royal Canadian Mounted Police and the Attorney General of the province, or the minister of justice of the territory, in which the application for the order was made to be notified of the decision.
Notice before release
490.02915 (1) The person in charge of the place in which a person who is subject to an obligation under section 36.1 of the International Transfer of Offenders Act is serving the custodial portion of a sentence, or is detained in custody before their release or discharge, shall give the person a copy of the Form 1 referred to in subsection 490.02912(3) not earlier than 10 days before their release or discharge.
Notice on disposition by Review Board
(2) A Review Board shall cause a copy of the Form 1 to be given to the person when it directs (a) under paragraph 672.54(a), that the person be discharged absolutely; or (b) under paragraph 672.54(b), that the person be discharged subject to conditions unless the conditions restrict the person’s liberty in a manner and to an extent that prevent them from complying with sections 4, 4.1, 4.3 and 6 of the Sex Offender Information Registration Act. 20. Subsections 490.03(1) and (2) of the Act are replaced by the following:
Disclosure
490.03 (1) The Commissioner of the Royal Canadian Mounted Police or a person authorized by the Commissioner shall, on request, disclose information that is registered in the database or the fact that such information is registered in the database (a) to the prosecutor if the disclosure is necessary for the purpose of a proceeding under section 490.012; or (b) to the Attorney General if the disclosure is necessary for the purpose of a proceeding under subsection 490.016(1), 490.023(2),
Protection des victimes 490.027(1), 490.02905(2), 490.02909(1) or 490.02913(1) or for the purpose of an appeal from a decision made in any of those proceedings or in a proceeding under subsection 490.012(2).
Disclosure in connection with proceedings
(2) The Commissioner or that person shall, on request, disclose to the prosecutor or Attorney General the information that is registered in the database relating to a person if the person discloses, in connection with a proceeding or appeal other than one referred to in subsection (1), the fact that information relating to them is registered in the database. 21. (1) Subsection 490.031(1) of the Act is replaced by the following:
Offence
490.031 (1) Every person who, without reasonable excuse, fails to comply with an order made under section 490.012 or under section 227.01 of the National Defence Act or with an obligation under section 490.019 or 490.02901, under section 227.06 of the National Defence Act or under section 36.1 of the International Transfer of Offenders Act is guilty of an offence and liable (a) on conviction on indictment, to a fine of not more than $10,000 or to imprisonment for a term of not more than two years, or to both; or (b) on summary conviction, to a fine of not more than $10,000 or to imprisonment for a term of not more than six months, or to both. (2) Section 490.031 of the Act is amended by adding the following after subsection (2):
Proof of certain facts by certificate
(3) In proceedings under subsection (1), a certificate of a person referred to in paragraph 16(2)(b) of the Sex Offender Information Registration Act stating that the sex offender failed to report under section 4, 4.1, 4.2 or 4.3 — or provide information under section 5 or notify a person under subsection 6(1) — of that Act is evidence of the statements contained in it without proof of the signature or official character of the person appearing to have signed it.
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Attendance and crossexamination
(4) The sex offender named in the certificate may, with the leave of the court, require the attendance of the person who signed it for the purpose of cross-examination.
Notice of intention to produce
(5) A certificate is not to be received in evidence unless, before the commencement of the trial, the party who intends to produce it gives the sex offender a copy of it and reasonable notice of their intention to produce it.
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22. Paragraphs 490.0311(a) and (b) of the Act are replaced by the following: (a) on conviction on indictment, to a fine of not more than $10,000 or to imprisonment for a term of not more than two years, or to both; or (b) on summary conviction, to a fine of not more than $10,000 or to imprisonment for a term of not more than six months, or to both. 23. The Act is amended by adding the following after section 490.0311: Offence
490.0312 Every person who, without reasonable excuse, fails to comply with an obligation under subsection 490.02911(1) or (2) is guilty of an offence punishable on summary conviction. 24. Paragraph 490.032(a) of the Act is replaced by the following: (a) requiring that additional information be contained in a notice under Form 53 or Form 54; and 25. Paragraph 553(c) of the Act is amended by adding the following after subparagraph (viii): (viii.01) section 490.031 (failure to comply with order or obligation), (viii.02) section 490.0311 (providing false or misleading information), 26. Form 52 in Part XXVIII of the Act is replaced by the following:
Protection des victimes
FORM 52 (Section 490.012) ORDER TO COMPLY WITH SEX OFFENDER INFORMATION REGISTRATION ACT
Canada, Province of .................... (territorial division) To A.B., of ................, (occupation), (address or address of court if no fixed address), (date of birth), (gender): You have been convicted of or found not criminally responsible on account of mental disorder for (description of offence(s)) under (applicable designated offence provision(s) of the Criminal Code), a designated offence (or designated offences) within the meaning of subsection 490.011(1) of the Criminal Code. 1. You must report for the first time to the registration centre referred to in section 7.1 of the Sex Offender Information Registration Act, whenever required under subsection 4(1) of that Act. 2. You must subsequently report to the registration centre referred to in section 7.1 of the Sex Offender Information Registration Act, whenever required under section 4.1 or 4.3 of that Act, for a period of ...... years after this order is made (or if paragraph 490.013(2)(c) or any of subsections 490.013(2.1) to (5) of the Criminal Code applies, for life). 3. Information relating to you will be collected under sections 5 and 6 of the Sex Offender Information Registration Act by a person who collects information at the registration centre. 4. Information relating to you will be registered in a database, and may be consulted, disclosed and used in the circumstances set out in the Sex Offender Information Registration Act.
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5. If you believe that the information registered in the database contains an error or omission, you may ask a person who collects information at the registration centre referred to in section 7.1 of the Sex Offender Information Registration Act or, if applicable, the Canadian Forces Provost Marshal, to correct the information. 6. You have the right to apply to a court to terminate this order, and the right to appeal the decision of that court. 7. If you are found to have contravened this order, you may be subject to a fine or imprisonment, or to both. 8. If you are found to have provided false or misleading information, you may be subject to a fine or imprisonment, or to both. Dated this ................ day of ................, at ................. . ................................................................... (Signature of judge or clerk and name of court) ........................................................... (Signature of person subject to order)
27. Part XXVIII of the Act is amended by adding the following after Form 53:
Protection des victimes FORM 54 (Sections 490.02901 to 490.02903, 490.02905 and 490.032) OBLIGATION TO COMPLY WITH SEX OFFENDER INFORMATION REGISTRATION ACT To A.B., of ................, (occupation), (address in Canada), (date of birth), (gender): Because, on (date), you were convicted of or found not criminally responsible on account of mental disorder for an offence (or offences) in (location of offence(s)) that the Attorney General of the province, or the minister of justice of the territory, has identified as being equivalent to (description of offence(s)) under (applicable provision(s) of the Criminal Code), a designated offence (or designated offences) as defined in subsection 490.011(1) of the Criminal Code; You are provided with this to inform you that you are required to comply with the Sex Offender Information Registration Act. 1. You must report for the first time to the registration centre referred to in section 7.1 of the Sex Offender Information Registration Act, whenever required under subsection 4(2) of that Act. 2. You must subsequently report to the registration centre referred to in section 7.1 of the Sex Offender Information Registration Act, whenever required under section 4.1 or 4.3 of that Act, for a period of ....... years after the day on which you were sentenced or found not criminally responsible on account of mental disorder for the offence (or if paragraph 490.02904(3)(c) or (d) of the Criminal Code applies, for life because you were convicted of or found not criminally responsible on account of mental disorder for (description of offence(s)) under (applicable designated offence provision (s) of the Criminal Code), a designated offence (or designated offences) within the meaning of subsection 490.011(1) of the Criminal Code) or for any shorter period determined under subsection 490.02904(2) of the Criminal Code.
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3. Information relating to you will be collected under sections 5 and 6 of the Sex Offender Information Registration Act by a person who collects information at the registration centre. 4. Information relating to you will be registered in a database, and may be consulted, disclosed and used in the circumstances set out in the Sex Offender Information Registration Act. 5. If you believe that the information registered in the database contains an error or omission, you may ask a person who collects information at the registration centre referred to in section 7.1 of the Sex Offender Information Registration Act to correct the information. 6. You have the right to apply to a court to exempt you from the obligation to comply with the Sex Offender Information Registration Act, and the right to appeal the decision of that court. 7. You have the right to apply to a court to terminate the obligation to comply with the Sex Offender Information Registration Act and the right to appeal the decision of that court. 8. If you are found to have not complied with the Sex Offender Information Registration Act, you may be subject to a fine or imprisonment, or to both. 9. If you are found to have provided false or misleading information, you may be subject to a fine or imprisonment, or to both. Served on (date). ______________________________________ For administrative use only: Sentence imposed or verdict of not criminally responsible on account of mental disorder rendered on (date).
2010 2004, c. 10
Protection des victimes SEX OFFENDER INFORMATION REGISTRATION ACT 28. (1) Subsection 2(1) of the Sex Offender Information Registration Act is replaced by the following:
Purpose
2. (1) The purpose of this Act is to help police services prevent and investigate crimes of a sexual nature by requiring the registration of certain information relating to sex offenders. (2) Paragraph 2(2)(a) of the Act is replaced by the following: (a) in the interest of protecting society through the effective prevention and investigation of crimes of a sexual nature, police services must have rapid access to certain information relating to sex offenders; (3) Subparagraph 2(2)(c)(i) of the Act is replaced by the following: (i) the information be collected only to enable police services to prevent or investigate crimes of a sexual nature, and 29. The definition “sex offender” in subsection 3(1) of the Act is replaced by the following:
“sex offender” « délinquant sexuel »
“sex offender” means a person who is subject to an order or to an obligation under section 490.019 or 490.02901 of the Criminal Code, section 227.06 of the National Defence Act or section 36.1 of the International Transfer of Offenders Act. 30. (1) The portion of subsection 4(1) of the Act before paragraph (b) is replaced by the following:
First obligation to report
4. (1) A person who is subject to an order shall report to a registration centre referred to in section 7.1 within seven days — or, if they are required to report to a registration centre designated under the National Defence Act, within 15 days — after
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(a) the order is made, if they are convicted of the offence in connection with which the order is made and (i) they are not given a custodial sentence, (ii) they are ordered to serve a sentence of imprisonment intermittently under subsection 732(1) of the Criminal Code, or (iii) they are the subject of a conditional sentence order made under section 742.1 of the Criminal Code;
(2) The portion of subsection 4(2) of the Act before subparagraph (b)(i) is replaced by the following: First obligation to report
(2) A person who is subject to an obligation under section 490.019 or 490.02901 of the Criminal Code, section 227.06 of the National Defence Act or section 36.1 of the International Transfer of Offenders Act shall report to a registration centre referred to in section 7.1 (a) if they are not in custody on the day on which they become subject to the obligation, within seven days — or, if they are required to report to a registration centre designated under the National Defence Act, within 15 days — after that day; and (b) in any other case, within seven days — or, if they are required to report to a registration centre designated under the National Defence Act, within 15 days — after 31. Paragraphs 4.1(1)(a) and (b) of the Act are replaced by the following: (a) within seven days after they change their main residence or any secondary residence or, if they are required to report to a registration centre designated under the National Defence Act, within 15 days after the change; (b) within seven days after they change their given name or surname or, if they are required to report to a registration centre designated under the National Defence Act, within 15 days after the change; and
Protection des victimes 32. Section 4.2 of the Act is replaced by the following:
More than one order or obligation
4.2 A person shall report on the reporting dates established under only the most recent order or obligation under section 490.019 or 490.02901 of the Criminal Code, section 227.06 of the National Defence Act or section 36.1 of the International Transfer of Offenders Act. 33. Subsection 4.3(1) of the Act is replaced by the following:
Temporarily outside Canada
4.3 (1) A sex offender who is outside Canada when they are required to report under section 4.1 shall report not later than seven days after they return to Canada. 34. (1) Paragraph 5(1)(d) of the Act is replaced by the following: (d) the address of every place at which they are employed or retained or are engaged on a volunteer basis — or, if there is no address, the location of that place — the name of their employer or the person who engages them on a volunteer basis or retains them and the type of work that they do there; (2) Subsection 5(1) of the Act is amended by striking out “and” at the end of paragraph (f), by adding “and’’ at the end of paragraph (g) and by adding the following after paragraph (g): (h) the licence plate number, make, model, body type, year of manufacture and colour of the motor vehicles that are registered in their name or that they use regularly. (3) Subsection 5(2) of the Act is replaced by the following:
Additional information
(2) When a sex offender reports to a registration centre, the person who collects the information from them may ask them when and where they were convicted of, or found not criminally responsible on account of mental disorder for, an offence in connection with an order or with an obligation under section 490.019 or 490.02901 of the Criminal Code,
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section 227.06 of the National Defence Act or section 36.1 of the International Transfer of Offenders Act. 35. The Act is amended by adding the following after section 5: Notification of change of information — paragraph 5(1)(d)
5.1 A sex offender shall, within seven days after the date of the change, notify a person who collects information at the registration centre referred to in section 7.1 of any change in the information that they have provided under paragraph 5(1)(d). 36. Subsection 6(1) of the Act is replaced by the following:
Notification of absence
6. (1) Subject to subsection (1.1), a sex offender shall notify a person who collects information at the registration centre referred to in section 7.1 (a) before their departure — of the estimated dates of their departure and return and of every address or location at which they expect to stay in Canada — if they expect not to be at their main residence or any of their secondary residences for a period of seven or more consecutive days; (b) within seven days after the date of their departure — of the estimated date of their return and, if the sex offender is in Canada, of their address or location — if they decide, after departure, not to be at their main residence or any of their secondary residences for a period of seven or more consecutive days or if they have not given a notification required under paragraph (a); and (c) before departure or, if it is later, within seven days after the day on which the change is made — of a change in address, location or date.
Canadian Forces
(1.1) A sex offender who is required to notify a person who collects information at a registration centre designated under the National Defence Act and who requests the Chief of the Defence Staff to make a determination under section 227.16 of that Act shall provide the information relating to the operation within seven days after the date of their departure unless the determination is made during that period.
Protection des victimes 37. Section 7.1 of the Act is replaced by the following:
Registration centre
7.1 For the purposes of sections 4, 4.1, 4.3, 5.1 and 6, the registration centre is one that is designated under paragraph 18(1)(d) or subsection 19(1) that serves the area of the province in which the sex offender’s main residence is located, unless a registration centre designated under paragraph 227.2(e) of the National Defence Act serves a class of persons of which the sex offender is a member or the area in which the unit of the Canadian Forces in which the sex offender is serving is located. 38. (1) The portion of section 8 of the Act before paragraph (a) is replaced by the following:
Registration of information
8. When a police service or the Commissioner of the Royal Canadian Mounted Police receives a copy of an order sent in accordance with paragraph 490.018(1)(d) of the Criminal Code, either a person who registers information for the police service or one who registers it for the Commissioner shall (2) Paragraph 8(a) of the Act is amended by adding the following after subparagraph (vi): (vi.1) the person’s method of operation in relation to the offence or offences, if that information is available to the person who registers information, 39. (1) The portion of subsection 8.1(1) of the Act before paragraph (a) is replaced by the following:
Registration of information — obligations
8.1 (1) When the Attorney General of a province, or the minister of justice of a territory, receives a copy of an affidavit and a notice sent in accordance with subsection 490.021(6) or 490.02903(3) of the Criminal Code — or receives a copy of the Form 1 delivered under subparagraph 8(4)(a)(ii) of the International Transfer of Offenders Act — a person who registers information for the Attorney General, or the minister of justice, shall register without delay in the database only the following
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information, as applicable, relating to the person named in the notice or Form 1, as the case may be: (2) Paragraph 8.1(1)(d) of the Act is replaced by the following: (d) every offence listed in the notice or form; (3) Subsection 8.1(1) of the Act is amended by adding the following after paragraph (g): (g.1) the person’s method of operation in relation to the offence or offences, if that information is available to the person who registers information; (4) Paragraph 8.1(1)(h) of the Act is replaced by the following: (h) the expected duration of the obligation; and (5) Subsections 8.1(2) to (4) of the Act are replaced by the following: Registration of information — termination orders
(2) When the Attorney General of a province, or the minister of justice of a territory, receives a notice referred to in subsection 490.016(3), 490.017(2), 490.027(3), 490.029(2), 490.02909(3), 490.0291(2), 490.02913(3) or 490.02914(2) of the Criminal Code, a person who registers information for the Attorney General, or the minister of justice, shall register without delay in the database the fact that a termination order was made.
Registration of information — exemption orders
(3) A person who registers information for the Attorney General of a province, or the minister of justice of a territory, may register in the database the fact that a person has applied in that jurisdiction for an exemption order under section 490.023 or 490.02905 of the Criminal Code.
Registration of information — exemption orders
(4) When the Attorney General of a province, or the minister of justice of a territory, receives a notice referred to in section 490.025 or 490.02907 of the Criminal Code, a person who registers information for the Attorney General, or the minister of justice, shall register without delay in the database the fact that the court refused to make an exemption order under
Protection des victimes subsection 490.023(2) or 490.02905(2) of that Act or that the appeal court dismissed an appeal from such a decision or quashed an exemption order. (6) The portion of subsection 8.1(5) of the Act before paragraph (a) is replaced by the following:
Registration of information
(5) A person who registers information for the Attorney General of a province, or the minister of justice of a territory, may register in the database the day on which the custodial portion of a sex offender’s sentence or detention in custody begins, the days on which they are or are expected to be outside penitentiary as defined in subsection 2(1) of the Corrections and Conditional Release Act or outside the provincial correctional facility, the address or location at which they stay or are expected to stay during that period and the date of their release or discharge if
40. (1) Subsection 8.2(1) of the Act is amended by striking out “and” at the end of paragraph (f) and by adding the following after paragraph (f): (f.1) their method of operating in relation to the offence or offences, if that information is available to the person who registers information; and (2) Subsection 8.2(2) of the Act is amended by striking out “and” at the end of paragraph (g) and by adding the following after paragraph (g): (g.1) their method of operating in relation to the offence or offences, if that information is available to the person who registers information; and
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(3) Subsection 8.2(6) of the Act is replaced by the following: Registration of information — Canadian Forces
(6) If a sex offender was prosecuted under the National Defence Act for the offence to which the sentence or detention relates, a person who registers information for the Canadian Forces Provost Marshal may register in the database (a) the day on which the custodial portion of the sex offender’s sentence or detention in custody begins; (b) the days on which they are or are expected to be outside the service prison or detention barrack as defined in subsection 2(1) of that Act and the address or location at which they stay or are expected to stay during that period; and (c) the date of their release or discharge.
41. Section 14 of the English version of the Act is replaced by the following: Administration of database
14. The database is to be administered by the Royal Canadian Mounted Police. 42. (1) The portion of subsection 15(3) of the Act before paragraph (a) is replaced by the following:
Permanent removal and destruction of information
(3) Despite any other Act of Parliament, all information that is collected under this Act, or registered in the database, in connection with an obligation under section 490.019 or 490.02901 of the Criminal Code or section 227.06 of the National Defence Act shall be destroyed and permanently removed from the database if (2) Paragraph 15(3)(c) of the Act is replaced by the following: (c) the person who is subject to the obligation is granted an exemption order under subsection 490.023(2) or 490.02905(2) of the Criminal Code or subsection 227.1(4) of the National Defence Act or on an appeal from a decision made under that subsection. 43. The Act is amended by adding the following after section 15:
Protection des victimes AUTHORITY TO RELEASE INFORMATION
Correctional Service of Canada
15.1 (1) The Correctional Service of Canada may disclose to a person who registers information (a) the day on which a sex offender is received into a penitentiary as defined in subsection 2(1) of the Corrections and Conditional Release Act; (b) if a sex offender is expected to be temporarily outside penitentiary for seven or more days, the days on which they are expected to be outside, the days on which they are outside, the address or location at which they are expected to stay and the address or location at which they stay; and (c) the date of a sex offender’s release or discharge.
Provincial correctional authority
(2) The person in charge of a provincial correctional facility may disclose to a person who registers information (a) the day on which a sex offender is received into the facility; (b) if a sex offender is expected to be temporarily outside the facility for seven or more days, the days on which they are expected to be outside, the days on which they are outside, the address or location at which they are expected to stay and the address or location at which they stay; and (c) the date of a sex offender’s release or discharge.
Canadian Forces
(3) The person in charge of a service prison or detention barrack as defined in subsection 2(1) of the National Defence Act may disclose to a person who registers information (a) the day on which a sex offender is received into the prison or barrack; (b) if a sex offender is expected to be temporarily outside the prison or barrack for seven or more days, the days on which they are expected to be outside, the days on which they are outside, the address or location at which they are expected to stay and the address or location at which they stay; and
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(c) the date of a sex offender’s release or discharge. 44. (1) Paragraphs 16(2)(a) to (c) of the Act are replaced by the following: (a) a member or employee of, or a person retained by, a police service who consults the information for the purpose of preventing or investigating a crime of a sexual nature or an offence under section 490.031, 490.0311 or 490.0312 of the Criminal Code; (b) a person who collects information at a registration centre designated under this Act in the province in which a sex offender’s main residence is located who consults the information to verify compliance by the sex offender with an order or with an obligation under section 490.019 or 490.02901 of the Criminal Code, section 227.06 of the National Defence Act or section 36.1 of the International Transfer of Offenders Act; (b.1) a person who collects information at a registration centre designated under the National Defence Act who consults the information to verify compliance by a sex offender who is subject to the Code of Service Discipline — or who is an officer, or noncommissioned member, of the primary reserve as defined in section 227 of the National Defence Act — with an order or with an obligation under section 490.019 or 490.02901 of the Criminal Code, section 227.06 of the National Defence Act or section 36.1 of the International Transfer of Offenders Act; (c) a person who collects or registers information who consults the information in order to exercise the functions or perform the duties assigned to them under an Act of Parliament; (2) Paragraph 16(2)(f) of the English version of the Act is replaced by the following: (f) a member or employee of, or a person retained by, the Royal Canadian Mounted Police who is authorized to consult the
Protection des victimes information for the purpose of administering the database and who does so for that purpose. (3) Paragraphs 16(3)(a) and (b) of the Act are replaced by the following: (a) the information was consulted in accordance with paragraph (2)(a) and they compare it with other information for the purpose of preventing or investigating a crime of a sexual nature; (b) the information was consulted in accordance with paragraph (2)(b) or (b.1) and they compare it with other information for the purpose of verifying compliance by the sex offender with an order or with an obligation under section 490.019 or 490.02901 of the Criminal Code, section 227.06 of the National Defence Act or section 36.1 of the International Transfer of Offenders Act or for the purpose of preventing or investigating an offence under section 490.031, 490.0311 or 490.0312 of the Criminal Code — or an offence under any of those provisions that is punishable under section 130 of the National Defence Act — or an offence under section 119.1 of that Act; or (4) Subsection 16(3.1) of the Act is amended by striking out “or” at the end of paragraph (a) and by adding the following after that paragraph: (a.1) the information was consulted in accordance with paragraph (2)(a) and they combine it with, or link it to, law enforcement information for the purpose of preventing or investigating a crime of a sexual nature; (a.2) the information was consulted in accordance with paragraph (2)(b) or (b.1) and they combine it with, or link it to, law enforcement information for the purpose of verifying the sex offender’s compliance with an order or with an obligation under section 490.019 or 490.02901 of the Criminal Code, section 227.06 of the National Defence Act or section 36.1 of the International Transfer of Offenders Act or for the purpose of preventing or investigating an offence under section 490.031 or 490.0311 of the Criminal Code,
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an offence under either of those provisions that is punishable under section 130 of the National Defence Act or an offence under section 119.1 of that Act; or
(5) Subparagraph 16(4)(c)(ii) of the Act is replaced by the following: (ii) to enable them to prevent or investigate a crime of a sexual nature, an offence under section 119.1 of the National Defence Act, an offence under section 490.031 or 490.0311 of the Criminal Code or an offence under either of those provisions that is punishable under section 130 of the National Defence Act or to enable them to lay a charge for such an offence, or (6) Subsection 16(4) of the Act is amended by striking out “or” at the end of paragraph (j) and by adding the following after that paragraph: (j.1) unless the disclosure is to a member or an employee of, or a person retained by, a police service outside Canada and is necessary to assist them in the prevention or investigation of a crime of a sexual nature; or R.S., c. N-5
NATIONAL DEFENCE ACT 45. (1) Subsection 119.1(1) of the National Defence Act is replaced by the following:
Failure to comply with order or obligation
119.1 (1) Every person who, without reasonable excuse, fails to comply with an order made under section 227.01 of this Act or section 490.012 of the Criminal Code or with an obligation under section 227.06 of this Act, section 490.019 or 490.02901 of the Criminal Code or section 36.1 of the International Transfer of Offenders Act is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment.
Protection des victimes (2) Section 119.1 of the Act is amended by adding the following after subsection (2):
Proof of certain facts by certificate
(3) In proceedings under subsection (1), a certificate of a person referred to in paragraph 16(2)(b.1) of the Sex Offender Information Registration Act stating that the person named in the certificate failed to report under section 4, 4.1, 4.2 or 4.3 — or provide information under section 5 or notify a person under subsection 6(1) — of that Act is evidence of the statements contained in it without proof of the signature or official character of the person appearing to have signed it.
Attendance and crossexamination
(4) The person named in the certificate may, with the leave of the court martial, require the attendance of the person who signed it for the purpose of cross-examination.
Notice of intention to produce
(5) A certificate is not to be received in evidence unless, before the commencement of the trial, the party who intends to produce it gives the person named in the certificate a copy of it and reasonable notice of their intention to produce it. 46. Paragraph (b) of the definition “primary designated offence” in section 196.11 of the Act is replaced by the following: (b) an attempt to commit or, other than for the purpose of subsection 196.12(1), a conspiracy to commit an offence within the meaning of any of paragraphs (a) to (c.01) of the definition “primary designated offence” in section 487.04 of the Criminal Code that is punishable under section 130. 47. (1) Subsections 227.01(1) to (3) of the Act are replaced by the following:
Order
227.01 (1) When a court martial imposes a sentence on a person for an offence referred to in paragraph (a) or (c) of the definition “designated offence” in section 227 or finds the person not responsible on account of mental disorder for such an offence, it shall make an order in the prescribed form requiring the
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person to comply with the Sex Offender Information Registration Act for the applicable period specified in section 227.02. Order — if intent established
(2) When a court martial imposes a sentence on a person for an offence referred to in paragraph (b) or (d) of the definition “designated offence” in section 227, it shall, on application of the prosecutor, make an order in the prescribed form requiring the person to comply with the Sex Offender Information Registration Act for the applicable period specified in section 227.02 if the prosecutor establishes beyond a reasonable doubt that the person committed the offence with the intent to commit an offence referred to in paragraph (a) or (c) of that definition.
Order — if previous offence established
(3) When a court martial imposes a sentence on a person for a designated offence in connection with which an order may be made under subsection (1) or (2) or finds the person not responsible on account of mental disorder for such an offence, it shall, on application of the prosecutor, make an order in the prescribed form requiring the person to comply with the Sex Offender Information Registration Act for the applicable period specified in section 227.02 if the prosecutor establishes that (a) the person was, before or after the coming into force of this paragraph, previously convicted of, or found not responsible on account of mental disorder for, an offence referred to in paragraph (a) or (c) of the definition “designated offence” in section 227 of this Act or in paragraph (a), (c), (c.1), (d) or (e) of the definition “designated offence” in subsection 490.011(1) of the Criminal Code; (b) the person was not served with a notice under section 227.08 of this Act or section 490.021 or 490.02903 of the Criminal Code in connection with that offence; and (c) no order was made under subsection (1) or under subsection 490.012(1) of the Criminal Code in connection with that offence.
Failure to make order
Protection des victimes
(3.1) If the court martial does not consider the matter under subsection (1) or (3) at that time, (a) the Chief Military Judge shall cause the Court Martial Administrator to convene a Standing Court Martial to do so; (b) the Court Martial Administrator shall, within 90 days after the day on which the sentence was imposed or the person was found not responsible on account of mental disorder, convene the court martial; and (c) for greater certainty, the person continues to be liable to be dealt with under the Code of Service Discipline for that purpose. (2) Subsections 227.01(5) and (6) of the Act are repealed. 48. Subsection 227.02(3) of the Act is replaced by the following:
Duration of order
(2.1) An order made under subsection 227.01(1) applies for life if the person is convicted of, or found not responsible on account of mental disorder for, more than one offence referred to in paragraph (a) or (c) of the definition “designated offence” in section 227.
Duration of order
(3) An order made under subsection 227.01(1) or (2) applies for life if the person is, or was at any time, subject to an obligation under section 227.06 of this Act, section 490.019 or 490.02901 of the Criminal Code or section 36.1 of the International Transfer of Offenders Act. 49. (1) Paragraph 227.03(1)(c) of the Act is replaced by the following: (c) if 20 years have elapsed since the order was made, in the case of an order referred to in paragraph 227.02(2)(c) or subsection 227.02(2.1), (3) or (5). (2) Subsection 227.03(4) of the Act is replaced by the following:
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Scope of application
(4) The application shall be in relation to every order that is in effect. If a person is subject to an obligation under section 227.06 of this Act, section 490.019 or 490.02901 of the Criminal Code or section 36.1 of the International Transfer of Offenders Act, the application shall also be in relation to that obligation.
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50. Subsection 227.04(1) of the Act is replaced by the following: Termination order
227.04 (1) The court martial shall make a termination order if it is satisfied that the person has established that the impact on them of continuing an order or an obligation, including on their privacy or liberty, would be grossly disproportionate to the public interest in protecting society through the effective prevention or investigation of crimes of a sexual nature, to be achieved by the registration of information relating to sex offenders under the Sex Offender Information Registration Act. 51. The heading before section 227.06 of the Act is replaced by the following: Notice and Obligation to Comply with the Sex Offender Information Registration Act — Convictions Before September 12, 2008 52. (1) Subsection 227.1(4) of the Act is replaced by the following:
Exemption order
(4) The court martial shall make an exemption order if it is satisfied that the person has established that the impact of the obligation on them, including on their privacy or liberty, would be grossly disproportionate to the public interest in protecting society through the effective prevention or investigation of crimes of a sexual nature, to be achieved by the registration of information relating to sex offenders under the Sex Offender Information Registration Act. (2) Subsection 227.1(6) of the Act is replaced by the following:
2010 Removal of information from database
Protection des victimes (6) If the court martial makes an exemption order, it shall also make an order requiring the Royal Canadian Mounted Police to permanently remove from the database all information that relates to the person that was registered in the database on receipt of the notice. 53. (1) Subsection 227.12(1) of the Act is replaced by the following:
Application for termination order
227.12 (1) A person who is subject to an obligation under section 227.06 may apply for a termination order unless they are also subject to (a) an obligation under section 490.019 or 490.02901 of the Criminal Code or section 36.1 of the International Transfer of Offenders Act that began later; or (b) an order under section 227.01 of this Act or section 490.012 of the Criminal Code that began later.
(2) Subsection 227.12(5) of the Act is replaced by the following: Re-application
(5) A person whose application is refused may apply again if five years have elapsed since they made the application. They may also apply again if they receive a pardon. However, they may not apply again if, after they made the application, they become subject to an obligation under section 490.019 or 490.02901 of the Criminal Code or section 36.1 of the International Transfer of Offenders Act or an order under section 227.01 of this Act or section 490.012 of the Criminal Code. 54. Subsection 227.13(1) of the Act is replaced by the following:
Termination order
227.13 (1) The court martial shall make an order terminating the obligation if it is satisfied that the person has established that the impact on them of continuing the obligation, including on their privacy or liberty, would be grossly disproportionate to the public interest in protecting society through the effective prevention or investigation of crimes of a sexual nature, to
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be achieved by the registration of information relating to sex offenders under the Sex Offender Information Registration Act. 55. Paragraph 227.15(1)(b) of the Act is replaced by the following: (b) appeal the legality of a decision made under subsection 227.01(2), 227.04(1), 227.1(4) or 227.13(1) of this Act — or appeal a decision made under subsection 490.012(2), 490.016(1), 490.023(2), 490.027(1), 490.02905(2), 490.02909(1) or 490.02913(1) of the Criminal Code — within the required period; 56. (1) The portion of subsection 227.18(1) of the Act before paragraph (a) is replaced by the following: Disclosure
227.18 (1) At the request of the Provost Marshal, the Commissioner of the Royal Canadian Mounted Police or a person authorized by the Commissioner shall disclose information that is registered in the database, or the fact that information is registered in the database, to the Provost Marshal if the disclosure is necessary to enable the Provost Marshal to determine (2) Paragraphs 227.18(1)(b) and (c) of the Act are replaced by the following: (b) for the purpose of a proceeding under section 227.01 or subsection 227.04(1), 227.1(4) or 227.13(1) or for the purpose of an appeal respecting the legality of a decision made under any of those provisions, whether a person who is subject to the Code of Service Discipline, or who is an officer, or non-commissioned member, of the primary reserve, is, or was at any time, required to comply with an order made under section 227.01 of this Act or section 490.012 of the Criminal Code or with an obligation under section 227.06 of this Act, section 490.019 or 490.02901 of the Criminal Code or section 36.1 of the International Transfer of Offenders Act; (c) for the purpose of enabling compliance with the Sex Offender Information Registration Act, whether a person who is subject to
Protection des victimes the Code of Service Discipline, or who is an officer, or non-commissioned member, of the primary reserve, is required to comply with an order made under section 227.01 of this Act or section 490.012 of the Criminal Code or with an obligation under section 227.06 of this Act, section 490.019 or 490.02901 of the Criminal Code or section 36.1 of the International Transfer of Offenders Act; or
57. Subsection 227.19(1) of the Act is replaced by the following: Disclosure
227.19 (1) If a person, in connection with a proceeding or an appeal other than one referred to in paragraph 227.18(2)(a) or (b), discloses the fact that information relating to them is registered in the database, the Provost Marshal shall request that the Commissioner of the Royal Canadian Mounted Police disclose all of the information relating to the person that is registered in the database. The Commissioner or a person authorized by the Commissioner shall disclose the information to the Provost Marshal without delay. 58. Paragraph 230(g) of the Act is replaced by the following: (g) the legality of a decision made under subsection 227.01(2). 59. Paragraph 230.1(h) of the Act is replaced by the following: (h) the legality of a decision made under subsection 227.01(2). 60. Subsections 240.5(1) and (2) of the Act are replaced by the following:
Appeal against order or decision
240.5 (1) On the hearing of an appeal respecting the legality of a decision made under subsection 227.01(2), 227.04(1), 227.1(4) or 227.13(1), the Court Martial Appeal Court, or another court hearing the appeal, may dismiss the appeal, allow it and order a new hearing, quash the order or make an order that may be made under that provision.
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Requirements relating to notice
(2) If the Court Martial Appeal Court or other court makes an order that may be made under subsection 227.01(2), it shall cause the requirements set out in section 227.05 to be fulfilled.
2004, c. 21
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INTERNATIONAL TRANSFER OF OFFENDERS ACT 61. Subsection 8(4) of the International Transfer of Offenders Act is replaced by the following:
Information about sentence and other obligations
(4) The Minister (a) shall inform a Canadian offender, in writing, as to how their foreign sentence is to be served in Canada and, in the case of an offender who is required to comply with the Sex Offender Information Registration Act, (i) inform them, in writing, of that obligation and of sections 4 to 7.1 of that Act and sections 490.031 and 490.0311 of the Criminal Code, and (ii) on the day of the transfer at the earliest, deliver a copy of Form 1 of the schedule to (A) the offender, (B) the Attorney General of the province, or the minister of justice of the territory, in which the person is to be detained in custody, and (C) the person in charge of the place in which the person is to be detained in custody; and (b) shall deliver to a foreign offender the information with which the Minister was provided by the foreign entity as to how their Canadian sentence is to be served. 62. The Act is amended by adding the following after section 36: SEX OFFENDER INFORMATION REGISTRATION ACT
Obligation
36.1 If the criminal offence identified under section 15 or 36.3 is one referred to in paragraph (a), (c), (c.1), (d) or (e) of the definition “designated offence” in subsection 490.011(1)
Protection des victimes
of the Criminal Code, the person is required to comply with the Sex Offender Information Registration Act. When obligation begins Duration of obligation
36.2 (1) The obligation begins on the day of the person’s transfer. (2) The obligation (a) ends 10 years after the day on which the sentence was imposed or the person was found not criminally responsible on account of mental disorder if the maximum term of imprisonment provided for in Canadian law for the equivalent criminal offence is two or five years; (b) ends 20 years after the day on which the sentence was imposed or the person was found not criminally responsible on account of mental disorder if the maximum term of imprisonment provided for in Canadian law for the equivalent criminal offence is 10 or 14 years; and (c) applies for life if the maximum term of imprisonment provided for in Canadian law for the equivalent criminal offence is life.
Duration — if more than one offence
(3) The obligation applies for life if the person was convicted of or found not criminally responsible on account of mental disorder for more than one offence in respect of which the equivalent criminal offence is an offence referred to in paragraph (a), (c), (c.1), (d) or (e) of the definition “designated offence” in subsection 490.011(1) of the Criminal Code.
Duration — if previous obligation
(4) The obligation applies for life if the person is, or was at any time, subject to an obligation under section 490.019 or 490.02901 of the Criminal Code or section 227.06 of the National Defence Act.
Duration — if previous order
(5) The obligation applies for life if the person is, or was at any time, subject to an order made previously under section 490.012 of the Criminal Code or section 227.01 of the National Defence Act.
46 Duration — if previous offence
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(6) The obligation applies for life if (a) the person was, before or after the coming into force of this paragraph, previously convicted of or found not criminally responsible on account of mental disorder for an offence referred to in paragraph (a), (c), (c.1), (d) or (e) of the definition “designated offence” in subsection 490.011(1) of the Criminal Code or in paragraph (a) or (c) of the definition “designated offence” in section 227 of the National Defence Act; (b) the person was not served with a notice under section 490.021 or 490.02903 of the Criminal Code or section 227.08 of the National Defence Act in connection with that offence; and (c) no order was made under subsection 490.012(1) of the Criminal Code or subsection 227.01(1) of the National Defence Act in connection with that offence.
Not criminally responsible — equivalent offence
36.3 (1) If a request is made to transfer a person in respect of whom a verdict of not criminally responsible on account of mental disorder was rendered for an offence that consists of one or more acts that are sexual in nature, the Minister shall identify the criminal offence that, at the time the Minister receives the request, is equivalent to that offence.
Not criminally responsible — delivery of Form 1
(2) If the person is required to comply with the Sex Offender Information Registration Act, the Minister shall deliver a copy of Form 1 of the schedule to the Review Board of the province to which the person is transferred. 63. The Act is amended by adding, after section 43, the schedule set out in the schedule to this Act.
R.S., c. C-47
CONSEQUENTIAL AMENDMENT TO THE CRIMINAL RECORDS ACT 64. Paragraph 5(b) of the Criminal Records Act is replaced by the following:
Protection des victimes (b) unless the pardon is subsequently revoked or ceases to have effect, requires the judicial record of the conviction to be kept separate and apart from other criminal records and removes any disqualification or obligation to which the person so convicted is, by reason of the conviction, subject by virtue of the provisions of any Act of Parliament — other than section 109, 110, 161, 259, 490.012, 490.019 or 490.02901 of the Criminal Code, subsection 147.1(1) or section 227.01 or 227.06 of the National Defence Act or section 36.1 of the International Transfer of Offenders Act — or of a regulation made under an Act of Parliament. COMING INTO FORCE
Order in council
65. The provisions of this Act come into force on a day or days to be fixed by order of the Governor in Council.
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Protecting Victims From S SCHEDULE (Section 63)
SCHEDULE (Subparagraph 8(4)(a)(ii) and subsection 36.3(2)) FORM 1 OBLIGATION TO COMPLY WITH SEX OFFENDER INFORMATION REGISTRATION ACT To A.B., of ................, (occupation), (address in Canada), (date of birth), (gender): Because you are being transferred to Canada under the International Transfer of Offenders Act; And because you were convicted of or found not criminally responsible on account of mental disorder for (description, date and location of offence(s)) that the Minister has identified as being equivalent to (description of offence(s)) under (applicable provision (s) of the Criminal Code), a designated offence (or designated offences) as defined in subsection 490.011(1) of the Criminal Code; You are provided with this to inform you that you are required to comply with the Sex Offender Information Registration Act commencing on the day of your transfer. 1. You must report for the first time to the registration centre referred to in section 7.1 of the Sex Offender Information Registration Act, whenever required under subsection 4(2) of that Act. 2. You must subsequently report to the registration centre referred to in section 7.1 of the Sex Offender Information Registration Act, whenever required under section 4.1 or 4.3 of that Act, for a period of ....... years after the day on which you were sentenced or found not criminally responsible on account of mental disorder for the offence (or if paragraph 36.2(2)(c) or any of subsections 36.2(3) to (6) of the International Transfer of Offenders Act applies, for life because you were convicted of or found not criminally responsible on account of mental disorder for (description of offence(s)) under (applicable designated offence provision(s) of the Criminal Code), a designated offence (or designated offences) within the meaning of subsection 490.011(1) of the Criminal Code). 3. Information relating to you will be collected under sections 5 and 6 of the Sex Offender Information Registration Act by a person who collects information at the registration centre. 4. Information relating to you will be registered in a database, and may be consulted, disclosed and used in the circumstances set out in the Sex Offender Information Registration Act. 5. If you believe that the information registered in the database contains an error or omission, you may ask a person who collects information at the registration centre referred to in section 7.1 of the Sex Offender Information Registration Act to correct the information. 6. You have the right to apply to a court to terminate the obligation to comply with the Sex Offender Information Registration Act and the right to appeal the decision of that court.
Protection des victimes des d
7. If you are found to have not complied with the Sex Offender Information Registration Act, you may be subject to a fine or imprisonment, or to both. 8. If you are found to have provided false or misleading information, you may be subject to a fine or imprisonment, or to both. ______________________________________________________ For administrative use only: Transferred on (date). Sentence imposed or verdict of not criminally responsible on account of mental disorder rendered on (date).
Published under authority of the Speaker of the House of Commons Available from: Publishing and Depository Services Public Works and Government Services Canada Ottawa, Ontario K1A 0S5 Telephone: 613-941-5995 or 1-800-635-7943 Fax: 613-954-5779 or 1-800-565-7757 publications@tpsgc-pwgsc.gc.ca http://publications.gc.ca
Also available on the Parliament of Can Aussi disponible sur le site Web du Par http://www Available from: Publishing and Depository Services Public Works and Government Services Canada Ottawa, Ontario K1A 0S5 Telephone: 613-941-5995 or 1-800-635-7943 Fax: 613-954-5779 or 1-800-565-7757 publications@pwgsc.gc.ca http://publications.gc.ca
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Third Session, Fortieth Parliament, 59 Elizabeth II, 2010
STATUTES OF CANADA 2010
CHAPTER 7 An Act to amend the Museums Act and to make consequential amendments to other Acts
ASSENTED TO 29th JUNE, 2010 BILL C-34
RECOMMENDATION Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act to amend the Museums Act and to make consequential amendments to other Acts”.
SUMMARY This enactment amends the Museums Act to establish a corporation called the Canadian Museum of Immigration at Pier 21 and to set out its purpose, capacity and powers. It also makes consequential amendments to other Acts.
Also available on the Parliament of Canada Web Site at the following address: http://www.parl.gc.ca
59 ELIZABETH II —————— CHAPTER 7 An Act to amend the Museums Act and to make consequential amendments to other Acts [Assented to 29th June, 2010] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: SHORT TITLE Short title
1. This Act may be cited as the Creating Canada’s New National Museum of Immigration at Pier 21 Act.
1990, c. 3
MUSEUMS ACT 2. The Museums Act is amended by adding the following after section 15.3: ESTABLISHMENT OF THE CANADIAN MUSEUM OF IMMIGRATION AT PIER 21
Establishment
15.4 (1) There is established a corporation to be called the Canadian Museum of Immigration at Pier 21.
Affiliated museums
(2) The Canadian Museum of Immigration at Pier 21 shall include any affiliated museums that the Board of the Canadian Museum of Immigration at Pier 21 may, by by-law, establish with the approval of the Governor in Council. PURPOSE, CAPACITY AND POWERS OF THE CANADIAN MUSEUM OF IMMIGRATION AT PIER 21
Purpose
15.5 The purpose of the Canadian Museum of Immigration at Pier 21 is to explore the theme of immigration to Canada in order to enhance public understanding of the experiences of immigrants as they arrived in Canada, of the
C. 7
Muse
vital role immigration has played in the building of Canada and of the contributions of immigrants to Canada’s culture, economy and way of life. Capacity and powers
15.6 (1) In furtherance of its purpose, the Canadian Museum of Immigration at Pier 21 has, subject to this Act, the capacity of a natural person and, elsewhere than in Quebec, the rights, powers and privileges of a natural person. In particular, but without limiting the generality of the foregoing, the Canadian Museum of Immigration at Pier 21 may (a) collect museum material related to immigration; (b) maintain its collection by preservation, conservation or restoration or the establishment of records or documentation; (c) sell, exchange, give away, destroy or otherwise dispose of museum material in its collection and use any revenue obtained from that disposal to further its collection; (d) lend or borrow museum material on longor short-term loan; (e) organize, sponsor, arrange for or participate in travelling exhibitions, in Canada or internationally, of museum material in its collection or from other sources; (f) undertake or sponsor any research related to its purpose or to museology and communicate the results of that research; (g) provide facilities to permit qualified individuals to use or study its collection; (h) promote knowledge and disseminate information related to its purpose, throughout Canada and internationally, by any appropriate means of education and communication; (i) establish and foster links with other organizations that have a purpose similar to its own; (j) share the expertise of its staff by undertaking or sponsoring training and apprenticeship programs that relate to its purpose;
Mus (k) provide or arrange for professional and technical services to any other organization that has a purpose similar to its own; (l) acquire property by gift, bequest or otherwise and hold in trust or otherwise, expend, invest, administer and dispose of that property; (m) develop, operate and maintain branches or exhibition centres; (n) operate restaurants, lounges, parking facilities, shops and other facilities for the use of the public; (o) lease or otherwise make available any of its facilities to other persons; and (p) charge for goods, services and admission and use the revenue so obtained for its own purposes.
Restriction
(2) The Canadian Museum of Immigration at Pier 21 may not deal with property otherwise than in accordance with the terms, if any, on which it was acquired or is held.
2008, c. 9, s. 3(1)
3. (1) Subsection 23(1) of the Act is replaced by the following:
Director
23. (1) Subject to subsections (1.1) and (1.2), there shall be a Director of each museum who shall be appointed, with the approval of the Governor in Council, by the museum’s Board to hold office during pleasure for a term of not more than five years. (2) Section 23 of the Act is amended by adding the following after subsection (1.1):
Director of the Canadian Museum of Immigration at Pier 21
(1.2) The Governor in Council shall, by order, on the recommendation of the Minister, appoint the first Director of the Canadian Museum of Immigration at Pier 21 to hold office during pleasure for a term of not more than five years.
2008, c. 9, s. 3(2)
(3) Subsection 23(5) of the Act is replaced by the following:
C. 7
Remuneration
(5) Subject to subsections (5.1) and (5.2), the Director shall be paid by the museum any remuneration that the Board, with the approval of the Governor in Council, may determine.
Muse
(4) Section 23 of the Act is amended by adding the following after subsection (5.1): Remuneration — first Director of the Canadian Museum of Immigration at Pier 21
(5.2) The first Director of the Canadian Museum of Immigration at Pier 21 shall be paid by that museum for the duration of his or her first term of office any remuneration that the Governor in Council may, by order, on the recommendation of the Minister, determine. TRANSITIONAL PROVISION
Appropriation
4. Subject to approval by the Governor in Council of the corporate plan of the Canadian Museum of Immigration at Pier 21, the Minister of Canadian Heritage may make payments out of the Consolidated Revenue Fund in an aggregate amount not exceeding $15 million to the museum for operating and capital expenditures that it incurs in the first 12 months after the coming into force of this Act. That amount may be modified by any appropriation Act. CONSEQUENTIAL AMENDMENTS
R.S., c. A-1 2008, c. 9, s. 5
ACCESS TO INFORMATION ACT 5. Paragraph 68(c) of the Access to Information Act is replaced by the following: (c) material placed in the Library and Archives of Canada, the National Gallery of Canada, the Canadian Museum of Civilization, the Canadian Museum of Nature, the National Museum of Science and Technology, the Canadian Museum for Human Rights or the Canadian Museum of Immigration at Pier 21 by or on behalf of persons or organizations other than government institutions. 6. Schedule I to the Act is amended by adding the following in alphabetical order under the heading “OTHER GOVERNMENT INSTITUTIONS”:
Mus Canadian Museum of Immigration at Pier 21 Musée canadien de l’immigration du Quai 21
2009, c. 2, s. 393
EXPENDITURE RESTRAINT ACT 7. Schedule I to the Expenditure Restraint Act is amended by adding the following in alphabetical order: Canadian Museum of Immigration at Pier 21 Musée canadien de l’immigration du Quai 21
R.S., c. F-11
FINANCIAL ADMINISTRATION ACT 8. Part I of Schedule III to the Financial Administration Act is amended by adding the following in alphabetical order: Canadian Museum of Immigration at Pier 21 Musée canadien de l’immigration du Quai 21
R.S., c. P-21
2008, c. 9, s. 10
PRIVACY ACT 9. Paragraph 69(1)(b) of the Privacy Act is replaced by the following: (b) material placed in the Library and Archives of Canada, the National Gallery of Canada, the Canadian Museum of Civilization, the Canadian Museum of Nature, the National Museum of Science and Technology, the Canadian Museum for Human Rights or the Canadian Museum of Immigration at Pier 21 by or on behalf of persons or organizations other than government institutions. 10. The schedule to the Act is amended by adding the following in alphabetical order under the heading “OTHER GOVERNMENT INSTITUTIONS”: Canadian Museum of Immigration at Pier 21 Musée canadien de l’immigration du Quai 21
C. 7
6 1991, c. 30
Muse
PUBLIC SECTOR COMPENSATION ACT 11. Schedule II to the Public Sector Compensation Act is amended by adding the following in alphabetical order: Canadian Museum of Immigration at Pier 21 Musée canadien de l’immigration du Quai 21
R.S., c. P-36
PUBLIC SERVICE SUPERANNUATION ACT 12. Part I of Schedule I to the Public Service Superannuation Act is amended by adding the following in alphabetical order: Canadian Museum of Immigration at Pier 21 Musée canadien de l’immigration du Quai 21 COMING INTO FORCE
Order in council
13. This Act comes into force on a day to be fixed by order of the Governor in Council.
Published under authority of the Speaker of the House of Commons Available from: Publishing and Depository Services Public Works and Government Services Canada Ottawa, Ontario K1A 0S5 Telephone: 613-941-5995 or 1-800-635-7943 Fax: 613-954-5779 or 1-800-565-7757 publications@tpsgc-pwgsc.gc.ca http://publications.gc.ca
Also available on the Parliament of Can Aussi disponible sur le site Web du Par http://www Available from: Publishing and Depository Services Public Works and Government Services Canada Ottawa, Ontario K1A 0S5 Telephone: 613-941-5995 or 1-800-635-7943 Fax: 613-954-5779 or 1-800-565-7757 publications@pwgsc.gc.ca http://publications.gc.ca
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Third Session, Fortieth Parliament, 59 Elizabeth II, 2010
STATUTES OF CANADA 2010
CHAPTER 9 An Act to amend the Employment Insurance Act
ASSENTED TO 29th JUNE, 2010 BILL C-13
RECOMMENDATION Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act to amend the Employment Insurance Act”.
SUMMARY This enactment amends the Employment Insurance Act to extend the benefit period and the period during which parental benefits may be paid for Canadian Forces members whose period of parental leave is deferred or who are directed to return to duty from parental leave.
Also available on the Parliament of Canada Web Site at the following address: http://www.parl.gc.ca
59 ELIZABETH II —————— CHAPTER 9 An Act to amend the Employment Insurance Act [Assented to 29th June, 2010] 1996, c. 23
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Short title
1. This Act may be cited as the Fairness for Military Families (Employment Insurance) Act. 2. (1) Section 10 of the Employment Insurance Act is amended by adding the following after subsection (12):
Extension of benefit period — Canadian Forces
(12.1) If, during the period referred to in subsection 23(2), the start date of a claimant’s period of parental leave is deferred or a claimant is directed to return to duty from parental leave, in accordance with regulations made under the National Defence Act, the benefit period is extended by the number of weeks during which the claimant’s parental leave is deferred or the claimant is directed to return to duty, as the case may be.
2003, c. 15, s. 16(2)
(2) The portion of subsection 10(15) of the Act before paragraph (a) is replaced by the following:
Maximum extension under subsections (13) to (13.3)
(15) Unless the benefit period is also extended under any of subsections (10) to (12.1),
2002, c. 9, s. 14
3. Subsection 23(3.1) of the Act is replaced by the following:
Extension of period — Canadian Forces
(3.01) If, during the period referred to in subsection (2), the start date of a claimant’s period of parental leave is deferred or a claimant is directed to return to duty from parental leave,
C. 9
Employmen
in accordance with regulations made under the National Defence Act, the period is extended by the number of weeks during which the claimant’s parental leave is deferred or the claimant is directed to return to duty, as the case may be. Limitation
(3.1) No extension under subsection (3) or (3.01) may result in the period being longer than 104 weeks.
Transitional
4. (1) Sections 2 and 3 apply to a claimant whose benefit period began less than 104 weeks before the day on which this Act comes into force if the period referred to in subsection 23(2) of the Employment Insurance Act (a) has not ended before that day; or (b) ended before that day and, within the period referred to in that subsection, the claimant’s parental leave is deferred or the claimant is directed to return to duty from parental leave in accordance with regulations made under the National Defence Act, and the claimant’s deferral or return to duty, as the case may be, has not ended before that day.
Special case
(2) Section 2 applies to a claimant and the period referred to in subsection 23(2) of the Employment Insurance Act is extended to 104 weeks if (a) within the period referred to in that subsection, in accordance with regulations made under the National Defence Act, the claimant’s parental leave is deferred or the claimant is directed to return to duty from parental leave, as the case may be; (b) the claimant’s deferral or return to duty ended before the day on which this Act comes into force; (c) the claimant’s benefit period has not ended before that day; and (d) the period referred to in that subsection ended before that day.
2010 Other special case
Assuranc (3) A claimant’s benefit period and the period referred to in subsection 23(2) of the Employment Insurance Act are each extended to 104 weeks if (a) within the period referred to in that subsection, in accordance with regulations made under the National Defence Act, the claimant’s parental leave is deferred or the claimant is directed to return to duty from parental leave, as the case may be; (b) the claimant’s deferral or return to duty ended before the day on which this Act comes into force; and (c) the claimant’s benefit period and the period referred to in that subsection each began less than 104 weeks before that day and both ended before that day.
Coming into force
5. This Act comes into force on the first Sunday after the day on which it receives royal assent.
Published under authority of the Speaker of the House of Commons Available from: Publishing and Depository Services Public Works and Government Services Canada Ottawa, Ontario K1A 0S5 Telephone: 613-941-5995 or 1-800-635-7943 Fax: 613-954-5779 or 1-800-565-7757 publications@tpsgc-pwgsc.gc.ca http://publications.gc.ca
Also available on the Parliament of Can Aussi disponible sur le site Web du Par http://www Available from: Publishing and Depository Services Public Works and Government Services Canada Ottawa, Ontario K1A 0S5 Telephone: 613-941-5995 or 1-800-635-7943 Fax: 613-954-5779 or 1-800-565-7757 publications@pwgsc.gc.ca http://publications.gc.ca
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Also available on the Parliament of Can Aussi disponible sur le site Web du Par http://www Available from: Publishing and Depository Services Public Works and Government Services Canada Ottawa, Ontario K1A 0S5 Telephone: 613-941-5995 or 1-800-635-7943 Fax: 613-954-5779 or 1-800-565-7757 publications@pwgsc.gc.ca http://publications.gc.ca
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Third Session, Fortieth Parliament, 59 Elizabeth II, 2010
STATUTES OF CANADA 2010
CHAPTER 25 A second Act to implement certain provisions of the budget tabled in Parliament on March 4, 2010 and other measures
ASSENTED TO 15th DECEMBER, 2010 BILL C-47
RECOMMENDATION Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “A second Act to implement certain provisions of the budget tabled in Parliament on March 4, 2010 and other measures”.
SUMMARY Part 1 of this enactment implements a number of income tax measures proposed in the March 4, 2010 Budget. In particular it (a) allows for the sharing of the Canada Child Tax Benefit, the Universal Child Care Benefit and the Goods and Services Tax/Harmonized Sales Tax credit for eligible shared custody parents; (b) allows Registered Retirement Savings Plan proceeds to be transferred to a Registered Disability Savings Plan on a tax-deferred basis; (c) implements disbursement quota reform for registered charities; (d) better targets the tax incentives in place for employee stock options; (e) expands the availability of accelerated capital cost allowance for clean energy generation; (f) adjusts the capital cost allowance rate for television set-top boxes to better reflect the useful life of these assets; (g) clarifies the definition of a principal-business corporation for the purposes of the rules relating to Canadian Renewable and Conservation Expenses; (h) introduces amendments that are consequential to the introduction in 2011 of new International Financial Reporting Standards by the Accounting Standards Board; and (i) amends the Canada Pension Plan, the Employment Insurance Act and the Income Tax Act to provide legislative authority for the Canada Revenue Agency to issue online notices if the taxpayer so requests.
Part 1 also implements income tax measures that were previously announced regarding: (a) rules to facilitate the implementation of Employee Life and Health Trusts, released in draft form on February 26, 2010; (b) indexing of the working income tax benefit announced in the 2009 Budget;
Also available on the Parliament of Canada Web Site at the following address: http://www.parl.gc.ca
(c) technical changes concerning TFSAs announced on October 16, 2009; and (d) an amendment to the rules regarding labour sponsored venture capital corporations that are consequential to the introduction of TFSAs.
Part 2 amends the Air Travellers Security Charge Act, the Excise Act, 2001, the Excise Tax Act and the New Harmonized Value-added Tax System Regulations to provide legislative authority for the Canada Revenue Agency to issue online notices if the taxpayer so requests. Part 2 also amends the Air Travellers Security Charge Act, the Excise Act, the Excise Act, 2001, the Excise Tax Act, the Brewery Departmental Regulations and the Brewery Regulations to allow certain small remitters to file and remit semi-annually rather than monthly.
Finally, Part 2 amends the Air Travellers Security Charge Act and the Excise Tax Act to extend the protection from civil liability claims that is already provided under the Income Tax Act and other federal statutes to agents of the Crown who collect the Goods and Services Tax/Harmonized Sales Tax and the air travellers security charge in intended compliance with their statutory obligations. Part 3 amends the Federal-Provincial Fiscal Arrangements Act to facilitate the sharing of taxes under Part I.01 and Part X.5 of the Income Tax Act with provinces and territories. Part 4 amends the Bank Act and the Financial Consumer Agency of Canada Act to require that banks belong to an approved external complaints body and to authorize the Governor in Council to prescribe the approval requirement for that body. The amendments also assign the responsibility for managing the approval process and supervising the approved external complaints bodies to the Financial Consumer Agency of Canada.
Part 5 amends the Canada Disability Savings Act to allow a 10-year carry forward of Canada Disability Savings Grant and Canada Disability Savings Bond entitlements. Part 6 amends section 11.1 of the Customs Act to exempt from the User Fees Act fees that are charged for expedited border clearance programs and that are coordinated with international partners. Part 7 amends the Federal-Provincial Fiscal Arrangements Act to implement the total transfer protection for 2010-11, to set out the treatment of the one-time transfer protection payment under the fiscal stabilization program, update legislative references made in the fiscal stabilization provisions and give greater clarity to the calculation of the fiscal stabilization payment.
Part 8 amends the Office of the Superintendent of Financial Institutions Act. In particular, the Act is amended to (a) harmonize the assessment of costs associated with the administration of the Pension Benefits Standards Act, 1985 with the regime in place for the assessment of costs associated with the administration of laws governing financial institutions; and (b) allow the Superintendent to remit assessments, interim assessments and penalties and to write off certain debts. Part 9 amends the Pension Benefits Standards Act, 1985. In particular, the Act is amended to
(a) authorize the Minister of Finance to enter into an agreement with the provinces respecting pension plans that are subject to the pension legislation of more than one jurisdiction; (b) authorize the Minister of Finance to designate an entity for the purposes of receiving, holding and disbursing the pension benefit credit of any person who cannot be located; (c) permit information to be provided in electronic form, including information provided by the administrator of a pension plan to members or to the Superintendent; (d) allow the administrator of a pension plan to offer investment options with respect to accounts maintained in respect of a defined contribution provision or accounts maintained for additional voluntary contributions; (e) provide rules regarding negotiated contribution plans; (f) require consent of a member’s spouse or common-law partner before the transfer of the member’s pension benefit credit to a retirement savings plan; and (g) authorize the Superintendent to direct the administrator of a pension plan that is subject to the pension legislation of more than one jurisdiction to establish a separate pension plan for certain members, former members and survivors.
TABLE OF PROVISIONS
A SECOND ACT TO IMPLEMENT CERTAIN PROVISIONS OF THE BUDGET TABLED IN PARLIAMENT ON MARCH 4, 2010 AND OTHER MEASURES SHORT TITLE 1.
Sustaining Canada’s Economic Recovery Act PART 1
AMENDMENTS TO THE INCOME TAX ACT AND RELATED ACTS AND REGULATIONS 2-69.
Income Tax Act
70. Canada Pension Plan
71-73.
Employment Insurance Act
74-75.
Universal Child Care Benefit Act
76-90.
Income Tax Regulations PART 2
AMENDMENTS IN RESPECT OF EXCISE DUTIES AND SALES AND EXCISE TAXES 91-104.
Air Travellers Security Charge Act
105-106.
Excise Act
107-125.
Excise Act, 2001
126-140.
Excise Tax Act
141. Brewery Departmental Regulations
142. Brewery Regulations
143. New Harmonized Value-added Tax System Regulations
PART 3 AMENDMENTS TO THE FEDERAL-PROVINCIAL FISCAL ARRANGEMENTS ACT IN RESPECT OF INCOME TAX 144-145.
Federal-Provincial Fiscal Arrangements Act
i PART 4 AMENDMENTS RELATING TO EXTERNAL COMPLAINTS BODIES BANK ACT 146-155.
Amendments
FINANCIAL CONSUMER AGENCY OF CANADA ACT 156-162.
Amendments COORDINATING AMENDMENTS
163. 2009, c. 23
164. 2010, c. 12 COMING INTO FORCE
165. Order in council PART 5 CANADA DISABILITY SAVINGS ACT AMENDMENTS TO THE ACT
166-168.
Amendments TRANSITIONAL PROVISIONS
169. Canada Disability Savings Grant for 2008
170. Canada Disability Savings Bond for 2008
171. January 1, 2011
COMING INTO FORCE
PART 6 CUSTOMS ACT 172.
Amendment PART 7
FEDERAL-PROVINCIAL FISCAL ARRANGEMENTS ACT 173.
Amendment
ii PART 8 OFFICE OF THE SUPERINTENDENT OF FINANCIAL INSTITUTIONS ACT AMENDMENTS TO THE ACT 174-177.
Amendments COMING INTO FORCE
178. Order in council PART 9 PENSION BENEFITS STANDARDS ACT, 1985 AMENDMENTS TO THE ACT
179-196.
Amendments TRANSITIONAL PROVISION
197. Adoption of new plan COORDINATING AMENDMENTS
198. 2010, c. 12 COMING INTO FORCE
199. Order in council
59 ELIZABETH II —————— CHAPTER 25 A second Act to implement certain provisions of the budget tabled in Parliament on March 4, 2010 and other measures
[Assented to 15th December, 2010] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: SHORT TITLE Short title
1. This Act may be cited as the Sustaining Canada’s Economic Recovery Act. PART 1 AMENDMENTS TO THE INCOME TAX ACT AND RELATED ACTS AND REGULATIONS
R.S., c. 1 (5th Supp.)
INCOME TAX ACT 2. (1) Subparagraph 6(1)(a)(i) of the Income Tax Act is replaced by the following: (i) derived from the contributions of the taxpayer’s employer to or under a deferred profit sharing plan, an employee life and health trust, a group sickness or accident insurance plan, a group term life insurance policy, a private health services plan, a registered pension plan or a supplementary unemployment benefit plan,
C. 25
Sustaining Canada’s
(2) Paragraph 6(1)(f) of the Act is amended by striking out “or” at the end of subparagraph (ii), by adding “or” at the end of subparagraph (iii) and by adding the following after subparagraph (iii): (iii.1) a plan described in any of subparagraphs (i) to (iii) that is administered or provided by an employee life and health trust, (3) Paragraph 6(1)(g) of the Act is amended by striking out “or” at the end of subparagraph (ii), by adding “or” at the end of subparagraph (iii) and by adding the following after subparagraph (iii): (iv) a designated employee benefit (as defined in subsection 144.1(1)); (4) Subsections (1) to (3) apply after 2009. 3. (1) The portion of subsection 7(1) of the Act before paragraph (a) is replaced by the following: Agreement to issue securities to employees
7. (1) Subject to subsection (1.1), where a particular qualifying person has agreed to sell or issue securities of the particular qualifying person (or of a qualifying person with which the particular qualifying person does not deal at arm’s length) to an employee of the particular qualifying person (or of a qualifying person with which the particular qualifying person does not deal at arm’s length), (2) Subsection 7(1) of the Act is amended by adding the following after paragraph (b): (b.1) if the employee has transferred or otherwise disposed of rights under the agreement in respect of some or all of the securities to the particular qualifying person (or a qualifying person with which the particular qualifying person does not deal at arm’s length) with whom the employee was not dealing at arm’s length, a benefit equal to the amount, if any, by which (i) the value of the consideration for the disposition exceeds
Soutien de la reprise é (ii) the amount, if any, paid by the employee to acquire those rights is deemed to have been received, in the taxation year in which the employee made the disposition, by the employee because of the employee’s employment; (3) Subsection 7(1) of the Act is amended by adding the following after paragraph (d): (d.1) if rights of the employee under the agreement have, by one or more transactions between persons not dealing at arm’s length, become vested in a particular person who has transferred or otherwise disposed of rights under the agreement to a particular qualifying person (or a qualifying person with which the particular qualifying person does not deal at arm’s length) with whom the particular person was not dealing at arm’s length, a benefit equal to the amount, if any, by which (i) the value of the consideration for the disposition exceeds (ii) the amount, if any, paid by the employee to acquire those rights is deemed to have been received, in the taxation year in which the particular person made the disposition, by the employee because of the employee’s employment, unless at the time of the disposition the employee was deceased, in which case such a benefit is deemed to have been received by the particular person in that year as income from the duties of an employment performed by the particular person in that year in the country in which the employee primarily performed the duties of the employee’s employment; and (4) Subsection 7(1.3) of the Act is replaced by the following:
Order of disposition of securities
(1.3) For the purposes of this subsection, subsection (1.1), subdivision c, paragraph 110(1)(d.01), subparagraph 110(1)(d.1)(ii) and subsections 110(2.1) and 147(10.4), and subject to subsection (1.31), a taxpayer is deemed to
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dispose of securities that are identical properties in the order in which the taxpayer acquired them and, for this purpose, (a) if a taxpayer acquires a particular security (other than under circumstances to which subsection (1.1) or 147(10.1) applies) at a time when the taxpayer also acquires or holds one or more other securities that are identical to the particular security and are, or were, acquired under circumstances to which subsection (1.1) or 147(10.1) applied, the taxpayer is deemed to have acquired the particular security at the time immediately preceding the earliest of the times at which the taxpayer acquired those other securities; and (b) if a taxpayer acquires, at the same time, two or more identical securities under circumstances to which subsection (1.1) applied, the taxpayer is deemed to have acquired the securities in the order in which the agreements under which the taxpayer acquired the rights to acquire the securities were made. (5) Paragraph 7(1.5)(a) of the Act is replaced by the following: (a) a taxpayer disposes of or exchanges securities of a particular qualifying person that were acquired by the taxpayer under circumstances to which subsection (1.1) applied (in this subsection referred to as the “exchanged securities”), (6) Subsection 7(1.7) of the Act is replaced by the following: Rights ceasing to be exercisable
(1.7) For the purposes of subsections (1) and 110(1), if a taxpayer receives at a particular time one or more particular amounts in respect of rights of the taxpayer to acquire securities under an agreement referred to in subsection (1) ceasing to be exercisable in accordance with the terms of the agreement, and the cessation would not, if this Act were read without reference to this subsection, constitute a transfer or disposition of those rights by the taxpayer, (a) the taxpayer is deemed to have disposed of those rights at the particular time to a person with whom the taxpayer was dealing
Soutien de la reprise é at arm’s length and to have received the particular amounts as consideration for the disposition; and (b) for the purpose of determining the amount, if any, of the benefit that is deemed to have been received as a consequence of the disposition referred to in paragraph (a), the taxpayer is deemed to have paid an amount to acquire those rights equal to the amount, if any, by which (i) the amount paid by the taxpayer to acquire those rights (determined without reference to this subsection) exceeds (ii) the total of all amounts each of which is an amount received by the taxpayer before the particular time in respect of the cessation. (7) The portion of subsection 7(7) of the Act before the definition “qualifying person” is replaced by the following:
Definitions
(7) The following definitions apply in this section and in subsection 47(3), paragraphs 53(1)(j) and 110(1)(d) and (d.01) and subsections 110(1.1), (1.2), (1.5), (1.6) and (2.1). (8) Subsections 7(8) and (9) of the Act are repealed. (9) Section 7 of the Act is amended by adding the following after subsection (9):
Reorganization
(9.1) If, in the course of a reorganization that gives rise to a dividend that would, in the absence of paragraph 55(3)(b), be subject to subsection 55(2), rights to acquire securities listed on a designated stock exchange (referred to in this subsection as “public options”) under an agreement to sell or issue securities referred to in subsection (1) are exchanged for rights to acquire securities that are not listed on a designated stock exchange (referred to in this subsection as “private options”), and the private options are subsequently exchanged for public options, the private options are deemed to be
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rights to acquire shares that are listed on a designated stock exchange for the purposes of subparagraph 7(9)(d)(ii). (10) Subsection 7(9.1) of the Act, as enacted by subsection (9), and subsections (10) to (15) of the Act are repealed. (11) Subsections (1), (4) to (8) and (10) apply in respect of rights exercised after 4:00 p.m. Eastern Standard Time, March 4, 2010. (12) Subsections (2) and (3) apply to dispositions of rights occurring after 4:00 p.m. Eastern Standard Time, March 4, 2010. (13) Subsection (9) applies after 1999 and before 4:00 p.m. Eastern Standard Time, March 4, 2010, except that, for the period before December 14, 2007, the reference in subsection 7(9.1) of the Act, as enacted by subsection (9), to “designated stock exchange” shall be read as a reference to “prescribed stock exchange”. 4. (1) Paragraph 12(1)(z.5) of the Act is replaced by the following: TFSA amounts
(z.5) any amount required by subsection 146.2(9) or section 207.061 to be included in computing the taxpayer’s income for the year; and (2) Subsection (1) applies after October 16, 2009. 5. (1) Subsection 18(1) of the Act is amended by adding the following after paragraph (l):
Limitation re employee stock option expenses
(m) an amount in respect of which an election was made by or on behalf of the taxpayer under subsection 110(1.1); (2) Subsection 18(1) of the Act is amended by adding the following after paragraph (o.2):
Employee life and health trust
(o.3) except as expressly permitted by paragraph 20(1)(s), contributions to an employee life and health trust;
Soutien de la reprise é (3) Paragraph 18(9)(a) of the Act is amended by striking out “or” at the end of subparagraph (ii), by adding “or” at the end of subparagraph (iii) and by adding the following after subparagraph (iii): (iv) subject to clause (iii)(B) and subsections 144.1(4) to (7), as consideration for a “designated employee benefit” (as defined in subsection 144.1(1)) to be provided after the end of the year (other than consideration payable in the year, to a corporation that is licensed to provide insurance, for insurance coverage in respect of the year); (4) Subsection (1) applies in respect of transfers or dispositions of rights occurring after 4:00 p.m. Eastern Standard Time, March 4, 2010. (5) Subsections (2) and (3) apply after 2009. 6. (1) Subsection 20(1) of the Act is amended by adding the following after paragraph (r):
Employer’s contributions under employee life and health trust
(s) such amount in respect of employer contributions paid to a trustee under an employee life and health trust as is permitted by subsections 144.1(4) to (7); (2) Subsection (1) applies after 2009. 7. Subsection 33.1(6) of the Act is replaced by the following:
Election
(6) For the purposes of subsections (4) and (5), where a taxpayer so elects in the taxpayer’s return of income for a taxation year or in a prescribed form filed with the Minister within 90 days after the day of sending of a notice of assessment for the year or a notification that no tax is payable for the year, an eligible deposit recorded in the books of account of an international banking centre business of the taxpayer at the end of a day in the year is deemed not to have been recorded at any time in the day in the books of account of that business and is deemed to have been recorded throughout that day in the books of account of another
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international banking centre business of the taxpayer designated by the taxpayer in the election. 8. (1) Section 40 of the Act is amended by adding the following after subsection (3.2): Deemed capital gain under section 180.01
(3.21) If, in respect of a taxation year, a taxpayer has made an election under subsection 180.01(1), the amount deemed to be a capital gain under paragraph 180.01(2)(b) is deemed to be a gain from the disposition of property for the taxation year. (2) Subsection (1) is deemed to have come into force on March 4, 2010. 9. (1) Subsection 56(1) of the Act is amended by striking-out “and” at the end of paragraph (z), by renumbering paragraph (aa) as paragraph (z.1), by adding “and” at the end of paragraph (z.1) and by adding the following after paragraph (z.1):
Employee life and health trust
(z.2) the total of all amounts, each of which is an amount received in the year by the taxpayer that is required to be included in income under subsection 144.1(11) except to the extent that the amount was required under subsection 70(2) to be included in computing the income for the year by the taxpayer or other person resident in Canada. (2) Subsection (1) applies after 2009. 10. (1) Paragraph 60(m) of the Act is replaced by the following: (m) such amount in respect of payments to a registered disability savings plan as is permitted under section 60.02; (2) Subsection (1) applies after March 3, 2010. 11. (1) Section 60.02 of the Act is replaced by the following:
Definitions
60.02 (1) The definitions in this subsection apply in this section and section 146.4,
2010 “eligible individual” « particulier admissible »
“eligible proceeds” « produit admissible »
Soutien de la reprise é “eligible individual” means a child or grandchild of a deceased annuitant under a registered retirement savings plan or a registered retirement income fund, or of a deceased member of a registered pension plan, who was financially dependent on the deceased for support, at the time of the deceased’s death, by reason of mental or physical infirmity. “eligible proceeds” means an amount (other than an amount that was deducted under paragraph 60(l) in computing the eligible individual’s income) received by an eligible individual as a consequence of the death after March 3, 2010 of a parent or grandparent of the eligible individual that is (a) a refund of premiums (as defined in subsection 146(1)); (b) an eligible amount under subsection 146.3(6.11); or (c) a payment (other than a payment that is part of a series of periodic payments or that relates to an actuarial surplus) out of or under a registered pension plan.
“specified RDSP payment” « paiement de REEI déterminé »
“specified RDSP payment” in respect of an eligible individual means a payment that (a) is made to a registered disability savings plan under which the eligible individual is the beneficiary; (b) complies with the conditions set out in paragraphs 146.4(4)(f) to (h); (c) is made after June 2011; and (d) has been designated in prescribed form for a taxation year by the holder of the plan and the eligible individual at the time that the payment is made.
“transitional eligible proceeds” « produit admissible transitoire »
“transitional eligible proceeds” of a taxpayer means (a) any amount (other than an amount that is eligible proceeds or an amount that was deducted under paragraph 60(l) in computing the taxpayer’s income) that is received by the taxpayer as a consequence of the death of an individual after 2007 and before 2011 out of or under
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(i) a registered retirement savings plan or registered retirement income fund, or (ii) a registered pension plan (other than an amount that is received as part of a series of periodic payments or that relates to an actuarial surplus); or (b) an amount withdrawn from the taxpayer’s registered retirement savings plan or a registered retirement income fund (in this subsection referred to as the “RRSP withdrawal”) if (i) the taxpayer previously deducted an amount under paragraph 60(l) in respect of an amount that would be described by paragraph (a) if it were read without reference to “other than an amount that is eligible proceeds or an amount that was deducted under paragraph 60(l) in computing the taxpayer’s income”, (ii) the RRSP withdrawal is included in computing the taxpayer’s income for the year of the withdrawal, and (iii) the RRSP withdrawal does not exceed the amount deducted under subparagraph (i). Rollover to RDSP on death
(2) There may be deducted in computing the income for a taxation year of a taxpayer who is an eligible individual an amount that (a) does not exceed the lesser of (i) the total specified RDSP payments made in the year or within 60 days after the end of the year (or within any longer period after the end of the year that is acceptable to the Minister) in respect of the taxpayer; and (ii) the total amount of eligible proceeds that is included in computing the taxpayer’s income in the year; and (b) was not deducted in computing the taxpayer’s income for a preceding taxation year.
2010 Application of subsections (4) and (5)
Soutien de la reprise é (3) Subsections (4) and (5) do not apply unless (a) a taxpayer who was the annuitant under a registered retirement savings plan or a registered retirement income fund or was a member of a registered pension plan died after 2007 and before 2011; (b) the taxpayer was, immediately before the taxpayer’s death, the parent or grandparent of an eligible individual; (c) transitional eligible proceeds were received from the plan or fund by (i) an eligible individual in respect of the taxpayer, (ii) a person who was the spouse or common-law partner of the taxpayer immediately before the taxpayer’s death, or (iii) a person who is a beneficiary of the taxpayer’s estate or who directly received transitional eligible proceeds as a consequence of the death of the taxpayer; and (d) the transitional eligible proceeds were included in computing the income of a person for a taxation year.
Transitional rule
(4) There may be deducted in computing the income of a taxpayer described in paragraph (3)(c) for a taxation year an amount approved by the Minister that does not exceed the lesser of (a) the total specified RDSP payments made by the taxpayer before 2012, and (b) the amount of transitional eligible proceeds included in computing the taxpayer’s income for the year.
Transitional rule — deceased taxpayer
(5) There may be deducted in computing the income of a taxpayer for the taxation year in which the taxpayer died an amount approved by the Minister that does not exceed the lesser of (a) the total specified RDSP payments made before 2012 by an individual described in subparagraph (3)(c)(iii), and (b) the amount by which the total of all amounts that were included in computing the taxpayer’s income for the year under subsec12
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tion 146(8.8) or 146.3(6) exceeds the total of all amounts, if any, that were deducted in computing the taxpayer’s income for the year under subsection 146(8.92) or 146.3(6.3).
Limitation
(6) The total amounts that may be deducted under subsections (4) and (5) in respect of transitional eligible proceeds received in respect of the death of a taxpayer shall not exceed the total transitional eligible proceeds received in respect of the deceased taxpayer. (2) Subsection (1) applies after March 3, 2010. 12. (1) Paragraphs (h) and (i) of the definition “principal-business corporation” in subsection 66(15) of the Act are replaced by the following: (h) the generation or distribution of energy, or the production of fuel, using property described in Class 43.1 or 43.2 of Schedule II to the Income Tax Regulations, and (i) the development of projects for which it is reasonable to expect that at least 50% of the capital cost of the depreciable property to be used in each project would be the capital cost of property described in Class 43.1 or 43.2 of Schedule II to the Income Tax Regulations,
(2) Subsection (1) applies to 2004 and subsequent taxation years. 13. The portion of subsection 70(2) of the Act before paragraph (a) is replaced by the following: Amounts receivable
(2) If a taxpayer who has died had at the time of death rights or things (other than any capital property or any amount included in computing the taxpayer’s income by virtue of subsection (1)), the amount of which when realized or disposed of would have been included in computing the taxpayer’s income, the value of the rights or things at the time of death shall be included in computing the taxpayer’s income for the taxation year in which the taxpayer died, unless the taxpayer’s legal representative has,
Soutien de la reprise é not later than the later of the day that is one year after the date of death of the taxpayer and the day that is 90 days after the sending of any notice of assessment in respect of the tax of the taxpayer for the year of death, elected otherwise, in which case the legal representative shall file a separate return of income for the year under this Part and pay the tax for the year under this Part as if 14. (1) Paragraph 75(3)(b) of the Act is replaced by the following: (b) by an employee life and health trust, an employee trust, a related segregated fund trust (within the meaning assigned by paragraph 138.1(1)(a)), a trust described in paragraph (a.1) of the definition “trust” in subsection 108(1), or a trust described in paragraph 149(1)(y); (2) Subsection (1) applies after 2009. 15. (1) Paragraph 87(2)(j.3) of the Act is replaced by the following:
Employee benefit plans, etc.
(j.3) for the purposes of paragraphs 12(1)(n.1) to (n.3) and 20(1)(r), (s), (oo) and (pp), section 32.1, paragraph 104(13)(b), subsections 144.1(4) to (7) and Part X1.3, the new corporation is deemed to be the same corporation as, and a continuation of, each predecessor corporation; (2) Subsection (1) applies after 2009. 16. (1) Subsection 104(6) of the Act is amended by striking out “and” at the end of paragraph (a.3) and by adding the following after that paragraph: (a.4) in the case of an employee life and health trust, an amount that became payable by the trust in the year as a designated employee benefit (as defined in subsection 144.1(1)); and (2) Subsection (1) applies after 2009. 17. (1) The portion of section 107.1 of the Act before subparagraph (a)(i) is replaced by the following:
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Distribution by certain employmentrelated trusts
107.1 If at any time any property of an employee life and health trust, an employee trust, a trust governed by an employee benefit plan or a trust described in paragraph (a.1) of the definition “trust” in subsection 108(1) has been distributed by the trust to a taxpayer who was a beneficiary under the trust in satisfaction of all or any part of the taxpayer’s interest in the trust, the following rules apply:
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(a) in the case of an employee life and health trust, an employee trust or a trust described in paragraph (a.1) of the definition “trust” in subsection 108(1),
(2) Subsection (1) applies after 2009. 18. (1) Paragraph 107.4(1)(j) of the Act is replaced by the following: (j) if the contributor is an amateur athlete trust, a cemetery care trust, an employee life and health trust, an employee trust, an inter vivos trust deemed by subsection 143(1) to exist in respect of a congregation that is a constituent part of a religious organization, a related segregated fund trust (within the meaning assigned by paragraph 138.1(1)(a)), a trust described in paragraph 149(1)(o.4) or a trust governed by an eligible funeral arrangement, an employees profit sharing plan, a registered disability savings plan, a registered education savings plan, a registered supplementary unemployment benefit plan or a TFSA, the particular trust is the same type of trust.
(2) Subsection (1) applies after 2009. 19. (1) Paragraph (a) of the definition “trust” in subsection 108(1) of the Act is replaced by the following: (a) an amateur athlete trust, an employee life and health trust, an employee trust, a trust described in paragraph 149(1)(o.4) or a trust
Soutien de la reprise é governed by a deferred profit sharing plan, an employee benefit plan, an employees profit sharing plan, a foreign retirement arrangement, a registered disability savings plan, a registered education savings plan, a registered pension plan, a registered retirement income fund, a registered retirement savings plan, a registered supplementary unemployment benefit plan or a TFSA,
(2) Subsection (1) applies after 2009. 20. (1) Subparagraph 110(1)(d)(i) of the Act is replaced by the following: (i) the security was acquired under the agreement by the taxpayer or a person not dealing at arm’s length with the taxpayer in circumstances described in paragraph 7(1)(c), (i.1) the security (A) is a prescribed share at the time of its sale or issue, as the case may be, (B) would have been a prescribed share if it were issued or sold to the taxpayer at the time the taxpayer disposed of rights under the agreement, (C) would have been a unit of a mutual fund trust at the time of its sale or issue if those units issued by the trust that were not identical to the security had not been issued, or (D) would have been a unit of a mutual fund trust if (I) it were issued or sold to the taxpayer at the time the taxpayer disposed of rights under the agreement, and (II) those units issued by the trust that were not identical to the security had not been issued,
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(2) Section 110 of the Act is amended by adding the following after subsection (1): Election by particular qualifying person
(1.1) For the purpose of computing the taxable income of a taxpayer for a taxation year, paragraph (1)(d) shall be read without reference to its subparagraph (i) in respect of all rights granted to the taxpayer under an agreement to sell or issue securities referred to in subsection 7(1) if (a) the particular qualifying person elects in prescribed form that neither the particular qualifying person nor any person not dealing at arm’s length with the particular qualifying person will deduct in computing its income for a taxation year any amount (other than a designated amount described in subsection (1.2)) in respect of a payment to or for the benefit of a taxpayer for the taxpayer’s transfer or disposition of rights under the agreement; (b) the particular qualifying person files the election with the Minister; (c) the particular qualifying person provides the taxpayer with evidence in writing of the election; and (d) the taxpayer files the evidence with the Minister with the taxpayer’s return of income for the year in which a deduction under paragraph (1)(d) is claimed.
Designated amount
(1.2) For the purposes of subsection (1.1), an amount is a designated amount if the following conditions are met: (a) the amount would otherwise be deductible in computing the income of the particular qualifying person in the absence of subsection (1.1); (b) the amount is payable to a person (i) with whom the particular qualifying person deals at arm’s length, and
Soutien de la reprise é (ii) who is neither an employee of the particular qualifying person nor of any person not dealing at arm’s length with the particular qualifying person; and (c) the amount is payable in respect of an arrangement entered into for the purpose of managing the particular qualifying person’s financial risk associated with a potential increase in value of the securities under the agreement described in subsection (1.1). (3) Subsections (1) and (2) apply in respect of acquisitions of securities and transfers or dispositions of rights occurring after 4:00 p.m. Eastern Standard Time, March 4, 2010. 21. (1) The portion of paragraph 111(4)(e) of the Act before subparagraph (i) is replaced by the following: (e) each capital property owned by the corporation immediately before that time (other than a property in respect of which an amount would, but for this paragraph, be required by paragraph (c) to be deducted in computing its adjusted cost base to the corporation or a depreciable property of a prescribed class to which, but for this paragraph, subsection (5.1) would apply) as is designated by the corporation in its return of income under this Part for the taxation year that ended immediately before that time or in a prescribed form filed with the Minister on or before the day that is 90 days after the day on which a notice of assessment of tax payable for the year or notification that no tax is payable for the year is sent to the corporation, is deemed to have been disposed of by the corporation immediately before the time that is immediately before that time for proceeds of disposition equal to the lesser of
(2) Section 111 of the Act is amended by adding the following after subsection (7.2):
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Non-capital losses of employee life and health trusts
(7.3) Paragraph (1)(a) does not apply in computing the taxable income of a trust for a taxation year if the trust is, in the year, an employee life and health trust.
Non-capital losses of employee life and health trusts
(7.4) For the purposes of computing the taxable income of an employee life and health trust for a taxation year, there may be deducted such portion as the trust may claim of the trust’s non-capital losses for the three taxation years immediately preceding and the three taxation years immediately following the year.
Non-capital losses of employee life and health trusts
(7.5) Notwithstanding paragraph (1)(a) and subsection (7.4), no amount in respect of the trust’s non-capital losses for a taxation year in which the trust was an employee life and health trust may be deducted in computing the trust’s taxable income for another taxation year (referred to in this subsection as the “specified year”) if
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(a) the trust was not an employee life and health trust for the specified year; or (b) the trust is an employee life and health trust that, because of the application of subsection 144.1(3), is not permitted to deduct any amount under subsection 104(6) for the specified year.
(3) The description of E in the definition “non-capital loss” in subsection 111(8) of the Act is amended by adding the following after paragraph (a): (a.1) an amount deductible under paragraph 104(6)(a.4) in computing the taxpayer’s income for the year; (4) Subsections (2) and (3) apply after 2009. 22. (1) The portion of subsection 117.1(1) of the Act before paragraph (a) is replaced by the following:
2010 Annual adjustment
Soutien de la reprise é 117.1 (1) The amount of $1,000 referred to in the formula in paragraph 8(1)(s), each of the amounts expressed in dollars in subparagraph 6(1)(b)(v.1), subsection 117(2), the description of B in subsection 118(1), subsection 118(2), paragraph (a) of the description of B in subsection 118(10), subsection 118.01(2), the descriptions of C and F in subsection 118.2(1), subsections 118.3(1), 122.5(3) and 122.51(1) and (2), the amounts of $925 and $1,680 referred to in the description of A, and the amounts of $10,500 and $14,500 referred to in the description of B, in the formula in subsection 122.7(2), the amount of $462.50 referred to in the description of C, and the amounts of $16,667 and $25,700 referred to in the description of D, in the formula in subsection 122.7(3), and each of the amounts expressed in dollars in Part I.2 in relation to tax payable under this Part or Part I.2 for a taxation year shall be adjusted so that the amount to be used under those provisions for the year is the total of
(2) Subsection (1) applies to the 2009 and subsequent taxation years. 23. (1) The definition “adjusted income” in subsection 122.5(1) of the Act is replaced by the following: “adjusted income” « revenu rajusté »
“adjusted income”, of an individual for a taxation year in relation to a month specified for the taxation year, means the total of the individual’s income for the taxation year and the income for the taxation year of the individual’s qualified relation, if any, in relation to the specified month, both calculated as if in computing that income no amount were (a) included (i) under paragraph 56(1)(q.1) or subsection 56(6),
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(ii) in respect of any gain from a disposition of property to which section 79 applies, or (iii) in respect of a gain described in subsection 40(3.21); or (b) deductible under paragraph 60(y) or (z). (2) Section 122.5 of the Act is amended by adding the following after subsection (3): Shared-custody parent
(3.01) Notwithstanding subsection (3), if an eligible individual is a shared-custody parent (within the meaning assigned by section 122.6, but with the words “qualified dependant” in that section having the meaning assigned by subsection (1)) in respect of one or more qualified dependants at the beginning of a month, the amount deemed by subsection (3) to have been paid during a specified month is equal to the amount determined by the following formula: 1/2 × (A + B) where A is the amount determined by the formula in subsection (3), calculated without reference to this subsection, and B is the amount determined by the formula in subsection (3), calculated without reference to this subsection and subparagraph (b)(ii) of the definition “eligible individual” in section 122.6. (3) Paragraph 122.5(6)(b) of the Act is replaced by the following: (b) in the absence of an agreement referred to in paragraph (a), the person is deemed to be, in relation to that month, a qualified dependant of the individuals, if any, who are, at the beginning of that month, eligible individuals (within the meaning assigned by section 122.6, but with the words “qualified dependant” in that section having the meaning assigned by subsection (1)) in respect of that person; and (4) Subsection (1) applies to the 2000 and subsequent taxation years.
Soutien de la reprise é (5) Subsections (2) and (3) apply for amounts that are deemed to be paid during months after June 2011. 24. (1) The definition “adjusted income” in section 122.6 of the Act is replaced by the following:
“adjusted income” « revenu modifié »
“adjusted income”, of an individual for a taxation year, means the total of all amounts each of which would be the income for the year of the individual or of the person who was the individual’s cohabiting spouse or common-law partner at the end of the year if in computing that income no amount were (a) included (i) under paragraph 56(1)(q.1) or subsection 56(6), (ii) in respect of any gain from a disposition of property to which section 79 applies, or (iii) in respect of a gain described in subsection 40(3.21), or (b) deductible under paragraph 60(y) or (z); (2) Paragraph (b) of the definition “eligible individual” in section 122.6 of the Act is replaced by the following: (b) is a parent of the qualified dependant who (i) is the parent who primarily fulfils the responsibility for the care and upbringing of the qualified dependant and who is not a shared-custody parent in respect of the qualified dependant, or (ii) is a shared-custody parent in respect of the qualified dependant, (3) Section 122.6 of the Act is amended by adding the following in alphabetical order:
“shared-custody parent” « parent ayant la garde partagée »
“shared-custody parent” in respect of a qualified dependent at a particular time means, where the presumption referred to in paragraph (f) of the definition “eligible individual” does not apply in
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respect of the qualified dependant, an individual who is one of the two parents of the qualified dependant who (a) are not at that time cohabitating spouses or common-law partners of each other, (b) reside with the qualified dependant on an equal or near equal basis, and (c) primarily fulfil the responsibility for the care and upbringing of the qualified dependant when residing with the qualified dependant, as determined in consideration of prescribed factors, (4) Subsection (1) applies to the 2000 and subsequent taxation years. (5) Subsections (2) and (3) apply for overpayments that are deemed to arise after June 2011. 25. (1) Section 122.61 of the Act is amended by adding the following after subsection (1): Shared-custody parent
(1.1) Notwithstanding subsection (1), if an eligible individual is a shared-custody parent in respect of one or more qualified dependants at the beginning of a month, the overpayment deemed by subsection (1) to have arisen during the month is equal to the amount determined by the formula 1/2 × (A + B) where A is the amount determined by the formula in subsection (1), calculated without reference to this subsection, and B is the amount determined by the formula in subsection (1), calculated without reference to this subsection and subparagraph (b)(ii) of the definition “eligible individual” in section 122.6. (2) Subsection (1) applies for overpayments that are deemed to arise after June 2011.
Soutien de la reprise é 26. (1) Paragraph (b) of the definition “adjusted net income” in subsection 122.7(1) of the Act is replaced by the following: (b) in computing that income, no amount were included under paragraph 56(1)(q.1) or subsection 56(6), in respect of any gain from a disposition of property to which section 79 applies or in respect of a gain described in subsection 40(3.21); and (2) Subsection (1) applies to the 2000 and subsequent taxation years. 27. (1) Paragraph 127.55(f) of the Act is amended by striking out “or” at the end of subparagraph (ii), by adding “or” at the end of subparagraph (iii) and by adding the following after subparagraph (iii): (iv) an employee life and health trust. (2) Subsection (1) applies after 2009. 28. (1) Paragraph 128.1(4)(c) of the Act is replaced by the following:
Employee life and health trust
(b.1) notwithstanding paragraph (b), if the taxpayer is or was at any time an employee life and health trust, (i) the taxpayer is deemed (A) to have disposed, at the time (in this paragraph referred to as the “time of disposition”) that is immediately before the time that is immediately before the particular time, of each property owned by the taxpayer for proceeds equal to its fair market value at the time of disposition, which proceeds are deemed to have become receivable and to have been received by the taxpayer at the time of disposition, and (B) to have carried on a business at the time of disposition, and (ii) each property of the taxpayer is deemed (A) to have been described in the inventory of the business referred to in clause (i)(B), and
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Reacquisition
(c) the taxpayer is deemed to have reacquired, at the particular time, each property deemed by paragraph (b) or (b.1) to have been disposed of by the taxpayer, at a cost equal to the proceeds of disposition of the property; (2) Paragraph (a) of the definition “excluded right or interest” in subsection 128.1(10) of the Act is amended by adding the following after subparagraph (vi): (vi.1) an employee life and health trust, (3) Subsections (1) and (2) apply after 2009. 29. (1) The portion of paragraph 129(1)(a) of the Act before subparagraph (i) is replaced by the following: (a) may, on sending the notice of assessment for the year, refund without application an amount (in this Act referred to as its “dividend refund” for the year) equal to the lesser of (2) Paragraph 129(1)(b) of the Act is replaced by the following: (b) shall, with all due dispatch, make the dividend refund after sending the notice of assessment if an application for it has been made in writing by the corporation within the period within which the Minister would be allowed under subsection 152(4) to assess tax payable under this Part by the corporation for the year if that subsection were read without reference to paragraph 152(4)(a). 30. Paragraph 131(2)(b) of the Act is replaced by the following: (b) shall, with all due dispatch, make that capital gains refund after sending the notice of assessment if an application for it has been made in writing by the corporation within the period within which the Minister would be allowed under subsection 152(4) to assess tax
Soutien de la reprise é payable under this Part by the corporation for the year if that subsection were read without reference to paragraph 152(4)(a). 31. Paragraph 132(1)(b) of the Act is replaced by the following: (b) shall, with all due dispatch, make that capital gains refund after sending the notice of assessment if an application for it has been made in writing by the trust within the period within which the Minister would be allowed under subsection 152(4) to assess tax payable under this Part by the trust for the year if that subsection were read without reference to paragraph 152(4)(a). 32. Paragraphs 133(6)(a) and (b) of the Act are replaced by the following: (a) may, on sending the notice of assessment for the year, refund without application its allowable refund for the year; and (b) shall, with all due dispatch, make that allowable refund after sending the notice of assessment if an application for it has been made in writing by the corporation within the period within which the Minister would be allowed under subsection 152(4) to assess tax payable by the corporation for the year if that subsection were read without reference to paragraph 152(4)(a). 33. (1) The definition “transition year” in subsection 138(12) of the Act is replaced by the following:
“transition year” « année transitoire »
“transition year” of a life insurer means (a) in respect of the accounting standards adopted by the Accounting Standards Board and effective as of October 1, 2006, the life insurer’s first taxation year that begins after September 2006, and (b) in respect of the International Financial Reporting Standards adopted by the Accounting Standards Board and effective as of January 1, 2011, the life insurer’s first taxation year that begins after 2010;
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(2) Subsection 138(12) of the Act is amended by adding the following in alphabetical order: “deposit accounting insurance policy” « police d’assurance à comptabilité de dépôt »
“excluded policy” « police exclue »
“deposit accounting insurance policy” in respect of a life insurer’s taxation year means an insurance policy of the life insurer that, according to generally accepted accounting principles, is not an insurance contract for that taxation year; “excluded policy” in respect of a life insurer’s base year means an insurance policy of the life insurer that would be a deposit accounting insurance policy for the life insurer’s base year if the International Financial Reporting Standards adopted by the Accounting Standards Board and effective as of January 1, 2011 applied for that base year; (3) Section 138 of the Act is amended by adding the following after subsection (17):
IFRS transition — reversals
(17.1) In applying subsections (18) and (19) to a life insurer for a taxation year of the life insurer in respect of the International Financial Reporting Standards adopted by the Accounting Standards Board and effective as of January 1, 2011, (a) the reference to “policy reserve” in B of the formula in the definition “reserve transition amount” in subsection (12) is to be read as a reference to “policy reserve determined without reference to the life insurer’s excluded policies”; (b) the reference in those subsections to “that ends after the beginning of the transition year” is to be read as a reference to “that ends no sooner than two years after the beginning of the transition year”; and (c) the reference in those subsections to “the first day of the transition year” is to be read as a reference to “the first day of the first year that ends no sooner than two years after the beginning of the transition year”.
Soutien de la reprise é (4) Subsections (1) to (3) apply to taxation years that begin after 2010. 34. (1) The Act is amended by adding the following after section 144: Employee Life and Health Trust
Definitions
144.1 (1) The following definitions apply in this section.
“actuary” « actuaire »
“actuary” means a Fellow of the Canadian Institute of Actuaries.
“class of beneficiaries” « catégorie de bénéficiaires »
“class of beneficiaries” of a trust means a group of beneficiaries who have identical rights or interests under the trust.
“designated employee benefit” « prestation désignée »
“designated employee benefit” means a benefit from a group sickness or accident insurance plan, a group term life insurance policy or a private health services plan.
“employee” « employé »
“key employee” « employé clé »
“employee” means a current or former employee of an employer and includes an individual in respect of whom the employer has assumed responsibility for the provision of designated employee benefits as a result of the acquisition by the employer of a business in which the individual was employed. “key employee”, of an employer in respect of a taxation year, means an employee who (a) was at any time in the taxation year or in a preceding taxation year, a specified employee of the employer; or (b) was an employee whose employment income from the employer in any two of the five taxation years preceding the year exceeded five times the Year’s Maximum Pensionable Earnings (as determined under section 18 of the Canada Pension Plan) for the calendar year in which the employment income was earned.
Employee life and health trust
(2) A trust that is established for employees of one or more employers (each referred to in this subsection as a “participating employer”) is
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an employee life and health trust for a taxation year if, throughout the taxation year, under the terms that govern the trust, (a) the only purpose of the trust is to provide designated employee benefits to, or for the benefit of, persons described in subparagraphs (d)(i) or (ii); and (b) on wind-up or reorganization, the property of the trust may only be distributed to (i) each remaining beneficiary of the trust who is described in subparagraph (d)(i) or (ii) (other than a key employee or an individual who is related to a key employee) on a pro rata basis, (ii) another employee life and health trust, or (iii) after the death of the last beneficiary described in subparagraph (d)(i) or (ii), Her Majesty in right of Canada or a province; (c) the trust is required to be resident in Canada, determined without reference to section 94; (d) the trust may not have any beneficiaries other than persons each of whom is (i) an employee of a participating employer, (ii) an individual who, in respect of an employee of a participating employer, is (or, if the employee is deceased, was, at the time of the employee’s death) (A) the spouse or common law partner of the employee, or (B) related to the employee and either a member of the employee’s household or dependent on the employee for support, (iii) another employee life and health trust, or (iv) Her Majesty in right of Canada or a province; (e) the trust contains at least one class of beneficiaries where
Soutien de la reprise é (i) the members of the class represent at least 25% of all of the beneficiaries of the trust who are employees of the participating employer, and (ii) at least 75% of the members of the class are not key employees of the participating employer; (f) the rights under the trust of each key employee of a participating employer are not more advantageous than the rights of a class of beneficiaries described in paragraph (e); (g) no participating employer, nor any person who does not deal at arm’s length with a participating employer, has any rights under the trust as a beneficiary or otherwise, except rights to (i) designated employee benefits, (ii) to enforce covenants, warranties or similar provisions regarding (A) the maintenance of the trust as an employee life and health trust, or (B) the operation of the trust in a manner that prevents subsection (3) from applying to prohibit the deduction of an amount by the trust under subsection 104(6), or (iii) prescribed payments; (h) the trust may not make a loan to, or an investment in, a participating employer or a person or partnership with whom the participating employer does not deal at arm’s length; (i) representatives of one or more participating employers do not constitute the majority of the trustees of the trust or otherwise control the trust.
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Breach of terms, etc.
(3) No amount may be deducted in a taxation year by an employee life and health trust pursuant to subsection 104(6) if in the taxation year the trust
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(a) is not operated in accordance with the terms required by subsection (2) to govern the trust, or (b) is operated or maintained primarily for the benefit of one or more key employees or their family members described in subparagraph 2(d)(ii). Deductibility of employer contributions
(4) In computing the income of an employer, (a) the employer may deduct for a taxation year the portion of its contributions to an employee life and health trust made in the year that may reasonably be regarded as having been contributed to enable the trust to (i) pay premiums to an insurance corporation that is licensed to provide insurance under the laws of Canada or a province for insurance coverage for the year or a prior year in respect of designated employee benefits for beneficiaries described in subparagraph (2)(d)(i) or (ii), or (ii) otherwise provide (A) group term life insurance as described in clause 18(9)(a)(iii)(B), or (B) any designated employee benefits payable in the year or a prior year to, or for the benefit of, beneficiaries described in subparagraph (2)(d)(i) or (ii); and (b) the portion of any contribution made to an employee life and health trust that exceeds the amount deductible under paragraph (a) and that may reasonably be regarded as enabling the trust to provide or pay benefits described in subparagraphs (a)(i) or (ii) in a subsequent taxation year is deductible for that year.
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Actuarial determination
(5) For the purposes of subsection (4), if, in respect of an employer’s obligations to fund an employee life and health trust, a report has been prepared by an independent actuary, using accepted actuarial principles and practices, before the time of a contribution by the employer, the portion of the contribution that the report specifies to be the amount that the employee life and health trust is reasonably expected to pay or incur in a taxation year in order to provide designated employee benefits to beneficiaries described in subparagraph (2)(d)(i) or (ii) for a taxation year is, in the absence of evidence to the contrary, presumed to have been contributed to enable the trust to provide those benefits for the year.
Multi-employer plans
(6) Notwithstanding subsection (4) and paragraph 18(9)(a), an employer may deduct in computing its income for a taxation year the amount that it is required to contribute for the year to an employee life and health trust if the following conditions are met at the time that the contribution is made: (a) it is reasonable to expect that (i) at no time in the year will more than 95% of the employees who are beneficiaries of the trust be employed by a single employer or by a related group of employers, and (ii) at least 15 employers will contribute to the trust in respect of the year or at least 10% of the employees who are beneficiaries of the trust will be employed in the year by more than one participating employer and, for the purpose of this condition, all employers who are related to each other are deemed to be a single employer; (b) employers contribute to the trust under a collective bargaining agreement and in accordance with a negotiated contribution formula that does not provide for any variation in contributions determined by reference to the financial experience of the trust; and
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(c) contributions that are to be made by each employer are determined, in whole or in part, by reference to the number of hours worked by individual employees of the employer or some other measure that is specific to each employee with respect to whom contributions are made to the trust. Maximum deductible
(7) The amount deducted in a taxation year by an employer in computing its income in respect of contributions made to an employee life and health trust shall not exceed the amount determined by the formula A–B where A is the total of all amounts contributed by the employer to the trust in the year or in a preceding taxation year; and B is the total of all amounts deducted by the employer in a preceding taxation year in respect of amounts contributed by the employer to the trust.
Employer promissory note
(8) If an employer issues a promissory note or provides other evidence of its indebtedness to an employee life and health trust in respect of its obligation to the trust, (a) the issuance of the note or the provision of the evidence of indebtedness to the trust is not a contribution to the trust; and (b) a payment by the employer to the trust in full or partial satisfaction of its liability under the note or the evidence of indebtedness, whether stated to be of principal or interest or any other amount, is deemed to be an employer contribution to the trust that is subject to this section and not a payment of principal or interest on the note or indebtedness.
Trust status — subsequent times
(9) For the purposes of determining whether an amount is deductible by an employer under subsection (4), if a trust was an employee life and health trust at the time that a promissory note or other evidence of indebtedness referred to in subsection (8) was issued or provided, the trust is deemed to be an employee life and
Soutien de la reprise é health trust at each time that an employer contribution is deemed to have been made under paragraph (8)(b) in respect of the note or other indebtedness.
Employee contributions
(10) For the purposes of paragraph 6(1)(f), subsection 6(4) and paragraph 118.2(2)(q), employee contributions to an employee life and health trust, to the extent that they are, and are identified by the trust at the time of contribution as, contributions in respect of a particular designated employee benefit, are deemed to be payments by the employee in respect of the particular designated employee benefit.
Income inclusion
(11) If a trust that is, or was, at any time, an employee life and health trust pays an amount as a distribution from the trust to any person in a taxation year, the amount of the distribution shall be included in computing the person’s income for the year, except to the extent that the amount is (a) a payment of a designated employee benefit that is not included in the person’s income because of section 6; or (b) a distribution to another employee life and health trust that is a beneficiary of the employee life and health trust.
Deemed separate trusts
(12) Where contributions have been received by an employee life and health trust from more than one employer, the trust is deemed to be a separate trust established in respect of the property held for the benefit of beneficiaries described in subparagraph (2)(d)(i) or (ii) in respect of a particular employer, if (a) the trustee designates the property to be held in a separate trust for the benefit of those beneficiaries in an election made on or before the filing-due date of the first taxation year of the separate trust described in this subsection; and (b) under the terms of the trust, contributions from the employer and the income derived from those contributions accrues solely for the benefit of those beneficiaries.
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Non-capital losses
(13) No non-capital loss is deductible by an employee life and health trust in computing its taxable income for a taxation year, except as provided by subsections 111(7.3) to (7.5).
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(2) Subsection (1) applies to trusts established after 2009. 35. (1) Subsection 146.2(6) of the Act is amended by striking out the word “and” at the end of paragraph (a), by adding the word “and” at the end of paragraph (b) and by adding the following after paragraph (b): (c) the trust’s income shall be computed without reference to subsection 104(6). (2) Subsection (1) applies to the 2010 and subsequent taxation years. 36. (1) The definition “contribution” in subsection 146.4(1) of the Act is amended by striking out “or” at the end of paragraph (b), by adding “or” at the end of paragraph (c) and by adding the following after paragraph (c): (d) other than for the purposes of paragraphs (4)(f) to (h) and (n), a specified RDSP payment as defined in subsection 60.02(1). (2) Subsection (1) applies after June 2011. 37. (1) The definitions “capital gains pool”, “enduring property” and “specified gift” in subsection 149.1(1) of the Act are repealed. (2) The definition “disbursement quota” in subsection 149.1(1) of the Act is replaced by the following: “disbursement quota” « contingent des versements »
“disbursement quota”, for a taxation year of a registered charity, means the amount determined by the formula A × B × 0.035/365 where A is the number of days in the taxation year, and
Soutien de la reprise é B is (a) the prescribed amount for the year, in respect of all or a portion of a property owned by the charity at any time in the 24 months immediately preceding the taxation year that was not used directly in charitable activities or administration, if that amount is greater than (i) if the registered charity is a charitable organization, $100,000, and (ii) in any other case, $25,000, and (b) in any other case, nil; (3) Subsection 149.1(1) of the Act is amended by adding the following in alphabetical order:
“designated gift” « don déterminé »
“designated gift” means that portion of a gift of property made in a taxation year by a particular registered charity, to another registered charity with which it does not deal at arm’s length, that is designated by the particular registered charity in its information return for the taxation year;
(4) Paragraph 149.1(1.1)(a) of the Act is replaced by the following: (a) a designated gift; (5) The portion of subsection 149.1(1.2) of the Act before paragraph (b) is replaced by the following: Authority of Minister
(1.2) For the purposes of the determination of B in the definition “disbursement quota” in subsection 149.1(1), the Minister may (a) authorize a change in the number of periods chosen by a registered charity in determining the prescribed amount; and
(6) Paragraphs 149.1(4.1)(a) and (b) of the Act are replaced by the following: (a) of a registered charity, if it has entered into a transaction (including a gift to another registered charity) and it may reasonably be
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considered that a purpose of the transaction was to avoid or unduly delay the expenditure of amounts on charitable activities; (b) of a registered charity, if it may reasonably be considered that a purpose of entering into a transaction (including the acceptance of a gift) with another registered charity to which paragraph (a) applies was to assist the other registered charity in avoiding or unduly delaying the expenditure of amounts on charitable activities; (7) Subsection 149.1(4.1) of the Act is amended by adding “and” at the end of paragraph (c) and by adding the following after paragraph (c): (d) of a registered charity, if it has in a taxation year received a gift of property (other than a designated gift) from another registered charity with which it does not deal at arm’s length and it has expended, before the end of the next taxation year, in addition to its disbursement quota for each of those taxation years, an amount that is less than the fair market value of the property, on charitable activities carried on by it or by way of gifts made to qualified donees with which it deals at arm’s length.
(8) Subsections 149.1(8) and (9) of the Act are replaced by the following: Accumulation of property
(8) A registered charity may, with the approval in writing of the Minister, accumulate property for a particular purpose, on terms and conditions and over any period of time that the Minister specifies in the approval. Any property accumulated after receipt of and in accordance with the approval, including any income earned in respect of the accumulated property, is not to be included in calculating the prescribed amount in paragraph (a) of the description of B in the definition “disbursement quota” in subsection (1) for the portion of any taxation year in the period, except to the extent that the registered charity is not in compliance with the terms and conditions of the approval.
Soutien de la reprise é (9) Subparagraph 149.1(12)(b)(i) of the Act is replaced by the following: (i) a designated gift, (10) Subsections (1) to (9) apply to taxation years that end on or after March 4, 2010. 38. (1) Paragraphs 152(3.1)(a) and (b) of the Act are replaced by the following: (a) if at the end of the year the taxpayer is a mutual fund trust or a corporation other than a Canadian-controlled private corporation, the period that ends four years after the earlier of the day of sending of a notice of an original assessment under this Part in respect of the taxpayer for the year and the day of sending of an original notification that no tax is payable by the taxpayer for the year; and (b) in any other case, the period that ends three years after the earlier of the day of sending of a notice of an original assessment under this Part in respect of the taxpayer for the year and the day of sending of an original notification that no tax is payable by the taxpayer for the year. (2) Subparagraph 152(4)(d)(ii) of the Act is replaced by the following: (ii) the day that is 90 days after the day of sending of a notice of the provincial reassessment. 39. (1) Paragraph 153(1)(s) of the Act is replaced by the following: (s) an amount described in paragraph 56(1)(r) or (z.2), or (2) Section 153 of the Act is amended by adding the following after subsection (1):
Withholding — stock option benefits
(1.01) An amount that is deemed to have been received by a taxpayer as a benefit under or because of any of paragraphs 7(1)(a) to (d.1) is remuneration paid as a bonus for the purposes of paragraph (1)(a), except the portion, if any, of the amount that is (a) deductible by the taxpayer under paragraph 110(1)(d) in computing the taxpayer’s taxable income for a taxation year;
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(b) deemed to have been received in a taxation year as a benefit because of a disposition of securities to which subsection 7(1.1) applies; or (c) determined under paragraph 110(2.1)(b) to be deductible by the taxpayer under paragraph 110(1)(d.01) in computing the taxpayer’s taxable income for a taxation year.
(3) Section 153 of the Act is amended by adding the following after subsection (1.3): Non-cash stock option benefit
(1.31) An amount deemed to have been received as a benefit under or because of any of paragraphs 7(1)(a) to (d.1) shall not be considered a basis on which the Minister may determine a lesser amount under subsection (1.1) solely because it is received as a non-cash benefit. (4) Subsection (1) applies after 2009. (5) Subsection (2) applies after 2010, except that it does not apply with respect to benefits arising from rights granted before 2011 to a taxpayer under an agreement to sell or issue securities that was entered into in writing before 4:00 p.m. Eastern Standard Time, March 4, 2010 and that included, at that time, a written condition prohibiting the taxpayer from disposing of the securities acquired under the agreement for a period of time after exercise. (6) Subsection (3) applies after 2010. 40. Paragraph 161(11)(c) of the Act is replaced by the following: (c) in the case of a penalty payable by reason of any other provision of this Act, from the day of sending of the notice of original assessment of the penalty to the day of payment.
Soutien de la reprise é 41. Subparagraphs 161.1(3)(c)(i) to (v) of the Act are replaced by the following: (i) the day of sending of the first notice of assessment giving rise to any portion of the corporation’s overpayment amount to which the application relates, (ii) the day of sending of the first notice of assessment giving rise to any portion of the corporation’s underpayment amount to which the application relates, (iii) if the corporation has served a notice of objection to an assessment referred to in subparagraph (i) or (ii), the day of sending of the notification under subsection 165(3) by the Minister in respect of the notice of objection, (iv) if the corporation has appealed, or applied for leave to appeal, from an assessment referred to in subparagraph (i) or (ii) to a court of competent jurisdiction, the day on which the court dismisses the application, the application or appeal is discontinued or final judgment is pronounced in the appeal, and (v) the day of sending of the first notice to the corporation indicating that the Minister has determined any portion of the corporation’s overpayment amount to which the application relates, if the overpayment amount has not been determined as a result of a notice of assessment sent before that day. 42. (1) Paragraphs 164(1)(a) and (b) of the Act are replaced by the following: (a) may, (i) before sending the notice of assessment for the year, where the taxpayer is, for any purpose of the definition “refundable investment tax credit” (as defined in subsection 127.1(2)), a qualifying corporation (as defined in that subsection) and claims in its return of income for the year to have paid an amount on account of its tax payable under this Part for the year because of subsection 127.1(1) in respect of its refundable investment tax credit (as defined in subsection 127.1(2)), refund all
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or part of any amount claimed in the return as an overpayment for the year, not exceeding the amount by which the total determined under paragraph (f) of the definition “refundable investment tax credit” in subsection 127.1(2) in respect of the taxpayer for the year exceeds the total determined under paragraph (g) of that definition in respect of the taxpayer for the year, (ii) before sending the notice of assessment for the year, where the taxpayer is a qualified corporation (as defined in subsection 125.4(1)) or an eligible production corporation (as defined in subsection 125.5(1)) and an amount is deemed under subsection 125.4(3) or 125.5(3) to have been paid on account of its tax payable under this Part for the year, refund all or part of any amount claimed in the return as an overpayment for the year, not exceeding the total of those amounts so deemed to have been paid, and (iii) on or after sending the notice of assessment for the year, refund any overpayment for the year, to the extent that the overpayment was not refunded pursuant to subparagraph (i) or (ii); and (b) shall, with all due dispatch, make the refund referred to in subparagraph (a)(iii) after sending the notice of assessment if application for it is made in writing by the taxpayer within the period within which the Minister would be allowed under subsection 152(4) to assess tax payable under this Part by the taxpayer for the year if that subsection were read without reference to paragraph 152(4)(a).
(2) The portion of subsection 164(1.5) of the Act before paragraph (a) is replaced by the following: Exception
(1.5) Notwithstanding subsection (1), the Minister may, on or after sending a notice of assessment for a taxation year, refund all or any portion of any overpayment of a taxpayer for the year
Soutien de la reprise é (3) Subsection 164(2.3) of the Act is replaced by the following:
Form deemed to be return of income
(2.3) For the purpose of subsection (1), where a taxpayer files the form referred to in paragraph (b) of the definition “return of income” in section 122.6 for a taxation year, the form is deemed to be a return of the taxpayer’s income for that year and a notice of assessment in respect of that return is deemed to have been sent by the Minister. 43. (1) Subparagraph 165(1)(a)(ii) of the Act is replaced by the following: (ii) the day that is 90 days after the day of sending of the notice of assessment; and (2) Paragraph 165(1)(b) of the Act is replaced by the following: (b) in any other case, on or before the day that is 90 days after the day of sending of the notice of assessment. (3) The portion of subsection 165(1.1) of the Act after paragraph (c) and before paragraph (d) is replaced by the following: the taxpayer may object to the assessment or determination within 90 days after the day of sending of the notice of assessment or determination, but only to the extent that the reasons for the objection can reasonably be regarded
44. Subsection 166.1(6) of the Act is replaced by the following: Date of objection or request if application granted
(6) If an application made under subsection (1) is granted, the notice of objection or the request, as the case may be, is deemed to have been served or made on the day on which the decision of the Minister is sent to the taxpayer. 45. The portion of subsection 169(1) of the Act after paragraph (b) is replaced by the following:
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but no appeal under this section may be instituted after the expiration of 90 days from the day notice has been sent to the taxpayer under section 165 that the Minister has confirmed the assessment or reassessed. 46. (1) The Act is amended by adding the following after section 180: PART I.01 TAX IN RESPECT OF STOCK OPTION BENEFIT DEFERRAL Election — special tax and relief for deferral of stock option benefits
180.01 (1) A taxpayer may make an election in prescribed form to have subsection (2) apply for a taxation year in respect of particular securities if (a) the taxpayer elected to have subsection 7(8) apply, as that subsection applied before 4:00 p.m. Eastern Standard Time, March 4, 2010, in respect of the particular securities; and (b) the taxpayer has, in the year and before 2015, disposed of the particular securities; and (c) the election under this subsection is filed (i) if the taxpayer has disposed of the particular securities before 2010, on or before the taxpayer’s filing-due date for 2010, and (ii) in any other case, on or before the taxpayer’s filing-due date for the year of disposition of the particular securities.
Effect of election
(2) If a taxpayer makes an election under subsection (1) for a taxation year in respect of particular securities, the following rules apply: (a) paragraph 110(1)(d) shall be read without reference to the phrase “1/2 of” in respect of the amount of the benefit deemed by subsection 7(1) to have been received by the taxpayer in the year in respect of the particular securities; (b) the taxpayer is deemed to have realized a capital gain for the year equal to the lesser of
Soutien de la reprise é (i) the amount that is deductible by the taxpayer under paragraph 110(1)(d), as modified by paragraph (a), and (ii) the taxpayer’s capital loss in respect of the disposition of the particular securities; (c) the taxpayer is liable to pay a tax for the year equal to (i) in the case of a taxpayer resident in the Province of Quebec at the end of the year, 2/3 of the taxpayer’s proceeds of disposition (as defined in section 54, but determined without reference to subsection 73(1)) of the particular securities, and (ii) in any other case, the taxpayer’s proceeds of disposition (as defined in section 54, but determined without reference to subsection 73(1)) of the particular securities; (d) to the extent that the taxation year is outside the normal reassessment period (as defined in subsection 152(3.1)), the election is deemed to be an application for reassessment under subsection 152(4.2); and (e) notwithstanding subsection 152(4) and as the circumstances require, the Minister shall re-determine the taxpayer’s “net capital loss” (as defined in subsection 111(8)) for the taxation year and reassess any taxation year in which an amount has been deducted under paragraph 111(1)(b).
Non-application for employment insurance purposes
(3) An amount included under subsection (2)(b) in computing a person’s income under Part I of this Act for a taxation year shall not be included in determining the income of the person for the year under Part VII of the Employment Insurance Act.
Provisions applicable to this Part
(4) Subsection 150(3), sections 150.1 to 152, 155 to 156.1 and 158 to 167 and Division J of Part I apply to this Part with any modifications that the circumstances require.
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(2) Subsection (1) is deemed to have come into force on March 4, 2010. 47. (1) The definition “adjusted income” in subsection 180.2(1) of the Act is replaced by the following: “adjusted income” « revenu modifié »
“adjusted income” of an individual for a taxation year means the amount that would be the individual’s income under Part I for the year if in computing that income no amount were (a) included (i) under paragraph 56(1)(q.1) or subsection 56(6), (ii) in respect of a gain from a disposition of property to which section 79 applies, or (iii) in respect of a gain described in subsection 40(3.21), or (b) deductible under paragraph 60(w), (y) or (z);
(2) Subsection (1) applies to the 2000 and subsequent taxation years. 48. The portion of subsection 184(3) of the Act before paragraph (a) is replaced by the following: Election to treat excess as separate dividend
(3) If, in respect of a dividend payable at a particular time after 1971, a corporation would, but for this subsection, be required to pay a tax under this Part equal to all or a portion of an excess referred to in subsection (2) of this section or subsection 184(1) of the Income Tax Act, chapter 148 of the Revised Statutes of Canada, 1952, it may elect in prescribed manner on or before a day that is not later than 90 days after the day of sending of the notice of assessment in respect of the tax that would otherwise be payable under this Part, and on such an election being made, subject to subsection (4), the following rules apply: 49. The portion of subsection 185.1(2) of the Act before paragraph (a) is replaced by the following:
2010 Election to treat excessive eligible dividend designation as an ordinary dividend
Soutien de la reprise é (2) If, in respect of an excessive eligible dividend designation that is not described in paragraph (1)(b) and that is made by a corporation in respect of an eligible dividend (in this subsection and subsection (3) referred to as the “original dividend”) paid by it at a particular time, the corporation would, if this Act were read without reference to this subsection, be required to pay a tax under subsection (1), and it elects in prescribed manner on or before the day that is 90 days after the day of sending the notice of assessment in respect of that tax that would otherwise be payable under subsection (1), the following rules apply: 50. (1) Subsection 188(3.1) of the Act is replaced by the following:
Non-application of subsection (3)
(3.1) Subsection (3) does not apply to a transfer that is a gift to which subsection 188.1(11) or (12) applies. (2) Subsection (1) applies to taxation years that end on or after March 4, 2010. 51. (1) Subsection 188.1(11) of the Act is replaced by the following:
Delay of expenditure
(11) If, in a taxation year, a registered charity has entered into a transaction (including a gift to another registered charity) and it may reasonably be considered that a purpose of the transaction was to avoid or unduly delay the expenditure of amounts on charitable activities, the registered charity is liable to a penalty under this Act for its taxation year equal to 110% of the amount of expenditure avoided or delayed, and in the case of a gift to another registered charity, both charities are jointly and severally, or solidarily, liable to the penalty.
Gifts not at arm’s length
(12) If a registered charity has in a taxation year received a gift of property (other than a designated gift) from another registered charity with which it does not deal at arm’s length and it has expended, before the end of the next taxation year, in addition to its disbursement quota for each of those taxation years, an amount that is less than the fair market value of the property, on charitable activities carried on
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by it or by way of gifts made to qualified donees with which it deals at arm’s length, the registered charity is liable to a penalty under this Act for that subsequent taxation year equal to 110% of the difference between the fair market value of the property and the additional amount expended. (2) Subsection (1) applies to taxation years that end on or after March 4, 2010. 52. Subparagraph 189(6.2)(a)(i) of the Act is replaced by the following: (i) the total of all amounts, each of which is an expenditure made by the charity, on charitable activities carried on by it, before the particular time and during the period (referred to in this subsection as the “postassessment period”) that begins immediately after a notice of the latest such assessment was sent and ends at the end of the one-year period 53. Subparagraphs 191.2(1)(b)(i) and (ii) of the Act are replaced by the following: (i) the day of sending of any notice of assessment of tax payable under this Part or Part I by the corporation for that year, (ii) where the corporation has served a notice of objection to an assessment described in subparagraph (i), the day of sending of a notice that the Minister has confirmed or varied the assessment, 54. Paragraph 191.3(2)(b) of the Act is replaced by the following: (b) it is filed on or before the day on or before which the transferor corporation’s return for the year in respect of which the agreement is filed is required to be filed under this Part or within the 90-day period beginning on the day of sending of a notice of assessment of tax payable under this Part or Part I by the transferor corporation for the year or by the transferee corporation for its taxation year ending in the calendar year in
Soutien de la reprise é which the taxation year of the transferor corporation ends or the sending of a notification that no tax is payable under this Part or Part I for that taxation year; 55. (1) The portion of clause 204.81(1)(c)(v)(A) of the Act before subclause (I) is replaced by the following: (A) if the share is held by the specified individual in respect of the share, a spouse or common-law partner or former spouse or common-law partner of that individual or a trust governed by a registered retirement savings plan, TFSA or registered retirement income fund under which that individual, spouse or common-law partner is the annuitant,
(2) Subclause 204.81(1)(c)(v)(D)(II) of the Act is replaced by the following: (II) an annuitant under a trust governed by a registered retirement savings plan, TFSA or registered retirement income fund that was a holder of the share,
(3) The po rtion of sub parag raph 204.81(1)(c)(vii) of the Act before clause (A) is replaced by the following: (vii) the corporation shall not register a transfer of a Class A share by the specified individual in respect of the share, a spouse or common-law partner of the specified individual or a trust governed by a registered retirement savings plan, TFSA or registered retirement income fund under which the specified individual or spouse or common-law partner is the annuitant, unless (4) Clause 204.81(1)(c)(vii)(C) of the Act is replaced by the following:
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(5) Subsections (1) to (4) apply to the 2009 and subsequent taxation years. 56. Paragraphs 207(2)(a) and (b) of the Act are replaced by the following: (a) may, on sending the notice of assessment for the year, refund without application any allowable refund of the person for the year, to the extent that it was not applied against the person’s tax payable under paragraph (1)(b); and (b) shall, with all due dispatch, make the refund referred to in paragraph (a) after sending the notice of assessment if an application for it has been made in writing by the person within three years after the sending of an original notice of assessment for the year. 57. (1) Paragraph (b) of the definition “advantage” in subsection 207.01(1) of the Act is amended by striking out “or” at the end of subparagraph (i), by striking out “and” at the end of subparagraph (ii) and by adding the following after subparagraph (ii): (iii) a swap transaction, or (iv) specified non-qualified investment income that has not been distributed under the TFSA within 90 days of receipt by the holder of the TFSA of a notice issued by the Minister under subsection 207.06(4); and (2) Paragraph (c) of the definition “advantage” in subsection 207.01(1) of the Act is replaced by the following:
Soutien de la reprise é (c) a benefit that is income (including a capital gain) that is reasonably attributable, directly or indirectly, to (i) a deliberate over-contribution, or (ii) a prohibited investment in respect of the TFSA or any other TFSA of the holder; and (d) a prescribed benefit.
(3) Paragraph (b) of the description of C in the definition “excess TFSA amount” in subsection 207.01(1) of the Act is replaced by the following: (b) a specified distribution; (4) Paragraph (a) of the description of E in the definition “excess TFSA amount” in subsection 207.01(1) of the Act is replaced by the following: (a) nil, if the distribution is a qualifying transfer or a specified distribution, and (5) The definition “unused TFSA contribution room” in subsection 207.01(1) of the Act is amended by striking out “and” at the end of paragraph (a) and by adding the following after that paragraph: (a.1) in circumstances where the Minister has, in accordance with section 207.06, waived or cancelled all or part of the liability imposed on the individual, the amount determined by the Minister; and (6) Subparagraph (ii) of the description of B in the definition “unused TFSA contribution room” in subsection 207.01(1) of the Act is replaced by the following: (ii) a specified distribution, (7) Subsection 207.01(1) of the Act is amended by adding the following in alphabetical order: “deliberate overcontribution” « cotisation excédentaire intentionnelle »
“deliberate over-contribution” of an individual means a contribution made under a TFSA by the individual that results in, or increases, an excess TFSA amount, unless it is reasonable to
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conclude that the individual neither knew nor ought to have known that the contribution could result in liability for a penalty, tax or similar consequence under this Act. “specified distribution” « distribution déterminée »
“specified distribution” means (a) a distribution made under a TFSA to the extent that it is, or is reasonably attributable to, an amount that is (i) an advantage in respect of the TFSA or any other TFSA of the holder, (ii) specified non-qualified investment income, (iii) an amount in respect of which tax was payable under Part I by a trust governed by the TFSA or any other TFSA of the holder, or (iv) an amount described in subparagraph 207.06(1)(b)(ii); or (b) a prescribed distribution.
“specified nonqualified investment income” « revenu de placement non admissible déterminé »
“swap transaction” « opération de swap »
“specified non-qualified investment income”, in respect of a TFSA and its holder, means income (including a capital gain) that is reasonably attributable, directly or indirectly, to an amount in respect of which tax was payable under Part I by a trust governed by the TFSA or any other TFSA of the holder. “swap transaction”, in respect of a trust governed by a TFSA, means a transfer of property (other than a transfer that is a distribution or a contribution) occurring between the trust and the holder of the TFSA or a person with whom the holder does not deal at arm’s length.
(8) Subsections (1) to (6) apply after October 16, 2009, except that subparagraph (c)(ii) of the definition “advantage” in subsection 207.01(1) of the Act, as enacted by
Soutien de la reprise é subsection (2), does not apply in respect of income (including a capital gain) earned before October 17, 2009. (9) The definition “deliberate over-contribution” in subsection 207.01(1) of the Act, as enacted by subsection (7), applies to contributions made after October 16, 2009. (10) The definition “specified distribution” in subsection 207.01(1) of the Act, as enacted by subsection (7), applies to distributions that occur after October 16, 2009, other than the portion of a distribution that is, or is reasonably attributable to, an advantage that was extended, or income earned, before October 17, 2009. (11) The definition “specified non-qualified investment income” in subsection 207.01(1) of the Act, as enacted by subsection (7), applies to the 2010 and subsequent taxation years. (12) The definition “swap transaction” in subsection 207.01(1) of the Act, as enacted by subsection (7), applies to transfers of property that occur after October 16, 2009. 58. (1) Subsections 207.04(6) and (7) of the Act are repealed. (2) Subsection (1) applies after October 16, 2009. 59. (1) Subsection 207.05(1) of the Act is replaced by the following:
Tax payable in respect of advantage
207.05 (1) A tax is payable under this Part for a calendar year if, in the year, an advantage in relation to a TFSA is extended to, or is received or receivable by, a holder of the TFSA, a trust governed by the TFSA, or any other person who does not deal at arm’s length with the holder of the TFSA. (2) Subsection (1) applies after October 16, 2009. 60. (1) Paragraph 207.06(1)(b) of the Act is replaced by the following:
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(b) one or more distributions are made without delay under a TFSA of which the individual is the holder, the total amount of which is not less than the total of (i) the amount in respect of which the individual would otherwise be liable to pay the tax, and (ii) income (including a capital gain) that is reasonably attributable, directly or indirectly, to the amount described in subparagraph (i). (2) Section 207.06 of the Act is amended by adding the following after subsection (2): Waiver of tax payable — advantage
(3) The Minister shall not waive or cancel a liability imposed under subsection 207.05(3) on an individual unless one or more distributions are made without delay under a TFSA of which the individual is the holder, the total amount of which is not less than the amount of the liability waived or cancelled.
Other powers of Minister
(4) The Minister may notify the holder of a TFSA that the holder must cause a distribution to be made under the TFSA within 90 days of receipt of the notice, the amount of which is not less than the amount of the specified nonqualified investment income. (3) Subsections (1) and (2) apply after October 16, 2009. 61. (1) The Act is amended by adding the following after section 207.06:
Income inclusion
207.061 A holder of a TFSA shall include in computing the holder’s income for a taxation year under Part I the total of all amounts each of which is the portion of a distribution made in the year that is described in (a) subparagraph 207.06(1)(b)(ii); (b) subsection 207.06(3); or (c) subparagraph (a)(ii) of the definition “specified distribution”.
2010 Special limit on tax payable
Soutien de la reprise é 207.062 If an individual is liable to pay an amount of tax under section 207.05 and under sections 207.02 or 207.03 in respect of the same contribution for the same calendar year, the tax payable under section 207.05 for the year shall be reduced by the amount of the tax payable under section 207.02 or 207.03, as the case may be, for the year. (2) Subsection (1) applies after October 16, 2009. 62. Paragraphs 207.07(2)(a) and (b) of the Act are replaced by the following: (a) may, on sending the notice of assessment for the year, refund without application any allowable refund of the person for the year, to the extent that it was not applied against the person’s tax payable under paragraph (1)(b); and (b) shall, with all due dispatch, make the refund referred to in paragraph (a) after sending the notice of assessment if an application for it has been made in writing by the person within three years after the sending of an original notice of assessment for the year. 63. Paragraphs 207.7(2)(a) and (b) of the Act are replaced by the following: (a) may, on sending the notice of assessment for the year or a notification that no tax is payable for the year, refund without application an amount equal to the amount, if any, by which the refundable tax of the arrangement at the end of the immediately preceding year exceeds the refundable tax of the arrangement at the end of the year; and (b) shall, with all due dispatch, make such a refund after sending the notice of assessment if application for it has been made in writing by the custodian within three years after the day of sending of a notice of an original assessment for the year or of a notification that no tax is payable for the year. 64. (1) Subsection 212(1) of the Act is amended by striking out “or” at the end of paragraph (u), by adding “or” at the end of paragraph (v) and by adding the following after paragraph (v):
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(w) a payment out of a trust that is, or was, at any time, an employee life and health trust, except to the extent that it is a payment of a designated employee benefit (as defined by subsection 144.1(1)). (2) Subsection (1) applies after 2009. 65. Subparagraph 222(4)(a)(i) of the Act is replaced by the following: (i) if a notice of assessment, or a notice referred to in subsection 226(1), in respect of the tax debt is sent to or served on the taxpayer, after March 3, 2004, on the day that is 90 days after the day on which the last one of those notices is sent or served, and 66. (1) Paragraphs 225.1(1.1)(b) and (c) of the Act are replaced by the following: (b) in the case of an amount assessed under section 188.1, one year after the day on which the notice of assessment was sent; and (c) in any other case, 90 days after the day on which the notice of assessment was sent. (2) Subsection 225.1(2) of the Act is replaced by the following: No action by Minister
(2) If a taxpayer has served a notice of objection under this Act to an assessment of an amount payable under this Act, the Minister shall not, for the purpose of collecting the amount in controversy, take any of the actions described in paragraphs (1)(a) to (g) until after the day that is 90 days after the day on which notice is sent to the taxpayer that the Minister has confirmed or varied the assessment. (3) Paragraph 225.1(7)(a) of the Act is replaced by the following: (a) at any time on or before the particular day that is 90 days after the day of the sending of the notice of assessment, 1/2 of the amount so assessed; and 67. Subsections 244(14) and (15) of the Act are replaced by the following:
Soutien de la reprise é
Mailing or sending date
(14) For the purposes of this Act, where any notice or notification described in subsection 149.1(6.3), 152(3.1), 165(3) or 166.1(5) or any notice of assessment or determination is mailed, or sent electronically, it shall be presumed to be mailed or sent, as the case may be, on the date of that notice or notification.
Date when electronic notice sent
(14.1) For the purposes of this Act, if a notice or other communication in respect of a person or partnership is made available in electronic format such that it can be read or perceived by a person or a computer system or other similar device, the notice or other communication is presumed to be sent to the person or partnership and received by the person or partnership on the date that an electronic message is sent, to the electronic address most recently provided before that date by the person or partnership to the Minister for the purposes of this subsection, informing the person or partnership that a notice or other communication requiring the person or partnership’s immediate attention is available in the person or partnership’s secure electronic account. A notice or other communication is considered to be made available if it is posted by the Minister in the person or partnership’s secure electronic account and the person or partnership has authorized that notices or other communications may be made available in this manner and has not before that date revoked that authorization in a manner specified by the Minister.
Date when assessment made
(15) If any notice of assessment or determination has been sent by the Minister as required by this Act, the assessment or determination is deemed to have been made on the day of sending of the notice of the assessment or determination. 68. The portion of subsection 245(6) of the Act after paragraph (b) is replaced by the following: any person (other than a person referred to in paragraph (a) or (b)) shall be entitled, within 180 days after the day of sending of the notice, to request in writing that the Minister make an assessment, reassessment or additional assess56
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ment applying subsection (2) or make a determination applying subsection 152(1.11) with respect to that transaction.
69. (1) The definition “employee benefit plan” in subsection 248(1) of the Act is replaced by the following: “employee benefit plan” « régime de prestations aux employés »
“employee benefit plan” means an arrangement under which contributions are made by an employer or by any person with whom the employer does not deal at arm’s length to another person (in this Act referred to as the “custodian” of an employee benefit plan) and under which one or more payments are to be made to or for the benefit of employees or former employees of the employer or persons who do not deal at arm’s length with any such employee or former employee (other than a payment that, if section 6 were read without reference to subparagraph 6(1)(a)(ii) and paragraph 6(1)(g), would not be required to be included in computing the income of the recipient), but does not include any portion of the arrangement that is (a) a fund, plan or trust referred to in subparagraph 6(1)(a)(i) or paragraph 6(1)(d) or (f), (b) a trust described in paragraph 149(1)(y), (c) an employee trust, (c.1) a salary deferral arrangement, in respect of a taxpayer, under which deferred amounts are required to be included as benefits under paragraph 6(1)(a) in computing the taxpayer’s income, (c.2) a retirement compensation arrangement, (d) an arrangement the sole purpose of which is to provide education or training for employees of the employer to improve their work or work-related skills and abilities, or
Soutien de la reprise é (e) a prescribed arrangement; (2) The definition “retirement compensation arrangement” in subsection 248(1) of the Act is amended by adding the following after paragraph (f): (f.1) an employee life and health trust, (3) The definition “salary deferral arrangement” in subsection 248(1) of the Act is amended by adding the following after paragraph (e): (e.1) an employee life and health trust, (4) Subsection 248(1) of the Act is amended by adding the following in alphabetical order:
“employee life and health trust” « fiducie de soins de santé au bénéfice d’employés »
“employee life and health trust” has the meaning assigned by subsection 144.1(2);
(5) Subsections (1) to (4) apply after 2009.
R.S., c. C-8
CANADA PENSION PLAN
2009, c. 31, s. 30(3)
70. Paragraphs 38(4)(a) and (b) of the Canada Pension Plan are replaced by the following: (a) may refund that part of the amount so paid in excess of the contribution on sending the notice of assessment of the contribution, without any application having been made for the refund; and (b) shall make such a refund after sending the notice of assessment, if application is made in writing by the contributor not later than four years — or, in the case of a contributor who is notified after the coming into force of this paragraph of a decision under subsection 60(7), 81(2), 82(11) or 83(11) in respect of a disability pension, ten years — after the end of the year.
58 1996, c. 23
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71. Subsection 85(4) of the Employment Insurance Act is replaced by the following: Mailing or sending date
(4) The day of mailing or sending, as the case may be, of a notice of assessment described in subsection (2) is, in the absence of any evidence to the contrary, deemed to be the day appearing from the notice to be the date of the notice unless called into question by the Minister or by a person acting for the Minister or for Her Majesty.
Date electronic notice sent
(5) For the purposes of this Act, if a notice or other communication in respect of a person or partnership is made available in electronic format such that it can be read or perceived by a person or a computer system or other similar device, the notice or other communication is presumed to be sent to the person or partnership and received by the person or partnership on the date that an electronic message is sent, to the electronic address most recently provided before that date by the person or partnership to the Minister for the purposes of this subsection, informing the person or partnership that a notice or other communication requiring the person or partnership’s immediate attention is available in the person or partnership’s secure electronic account. A notice or other communication is considered to be made available if it is posted by the Minister in the person or partnership’s secure electronic account and the person or partnership has authorized that notices or other communications may be made available in this manner and has not before that date revoked that authorization in a manner specified by the Minister. 72. Subsection 102(14) of the Act is replaced by the following:
Date assessment made
(14) If a notice of assessment has been sent by the Minister as required by this Part, the assessment is deemed to have been made on the day on which the notice is sent.
2009, c. 33, s. 16
73. Paragraphs 152.3(1)(a) and (b) of the Act are replaced by the following:
Soutien de la reprise é (a) may refund that part of the amount so paid in excess of the premium on sending the notice of assessment of the premium, without any application having been made for the refund; and (b) shall make the refund after sending the notice of assessment, if an application for the refund is made in writing by the selfemployed person not later than three years after the end of the year.
2006, c. 4, s. 168
UNIVERSAL CHILD CARE BENEFIT ACT 74. (1) Section 2 of the Universal Child Care Benefit Act is amended by adding the following in alphabetical order:
“shared-custody parent” « parent ayant la garde partagée »
“shared-custody parent” has the meaning assigned by section 122.6 of the Income Tax Act. (2) Subsection (1) applies after June 2011. 75. (1) Subsection 4(1) of the Act is replaced by the following:
Amount of payment
4. (1) The Minister shall pay to an eligible individual, for each month at the beginning of which he or she is an eligible individual, for each child who is a qualified dependant of the eligible individual at the beginning of that month, (a) a benefit of $50, if the eligible individual is a shared-custody parent of the qualified dependant; and (b) a benefit of $100 in any other case. (2) Subsection (1) applies to payments in respect of months after June 2011.
C.R.C., c. 945
INCOME TAX REGULATIONS 76. (1) The definition “food waste” in subsection 1104(13) of the Income Tax Regulations is repealed.
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(2) The definitions “biogas”, “district energy system” and “eligible waste fuel” in subsection 1104(13) of the Regulations are replaced by the following: “biogas” means the gas produced by the anaerobic digestion of organic waste that is sludge from an eligible sewage treatment facility, food and animal waste, manure, plant residue or wood waste. (biogaz) “district energy system” means a system that is used primarily to provide heating or cooling by continuously circulating, from a central generation unit to one or more buildings through a system of interconnected pipes, an energy transfer medium that is heated or cooled using thermal energy. (réseau énergétique de quartier) “eligible waste fuel” means biogas, bio-oil, digester gas, landfill gas, municipal waste, pulp and paper waste and wood waste. (combustible résiduaire admissible)
(3) Subsection 1104(13) of the Regulations is amended by adding the following in alphabetical order: “food and animal waste” means organic waste that is disposed of in accordance with the laws of Canada or a province and that is (a) generated during the preparation or processing of food for human or animal consumption; (b) food that is no longer fit for human or animal consumption; or (c) animal remains. (déchets alimentaires et animaux) (4) Subsections (1) to (3) apply to property acquired after February 25, 2008, except that the definition “district energy system” in subsection 1104(13) of Regulations, as enacted by subsection (2), applies to property acquired after March 3, 2010.
Soutien de la reprise é 77. (1) Paragraph 1219(1)(f) of the Regulations is replaced by the following: (f) for the drilling or completion of a well for the project, other than a well that is, or can reasonably be expected to be, used for the installation of underground piping that is included in paragraph (d) of Class 43.1 or paragraph (b) of Class 43.2 in Schedule II; or (2) Subsection (1) applies to expenses incurred after May 2, 2010. 78. (1) Section 1402 of the Regulations is replaced by the following: 1402. Any amount determined under section 1400 or 1401 shall be determined (a) net of relevant reinsurance recoverable amounts; and (b) without reference to any amount in respect of a deposit accounting insurance policy. (2) Subsection (1) applies to taxation years that begin after 2010. 79. (1) Section 1406 of the Regulations is replaced by the following: 1406. Any amount determined under section 1404 or 1405 shall be determined (a) net of relevant reinsurance recoverable amounts; (b) without reference to any liability in respect of a segregated fund (other than a liability in respect of a guarantee in respect of a segregated fund policy); and (c) without reference to any amount in respect of a deposit accounting insurance policy. (2) Subsection (1) applies to taxation years that begin after 2010. 80. (1) Subsection 1408(1) of the Regulations is amended by adding the following in alphabetical order: “deposit accounting insurance policy” has the meaning assigned by subsection 138(12) of the Act. (police d’assurance à comptabilité de dépôt)
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“reinsurance recoverable amount” of an insurer means an amount reported as a reinsurance asset of the insurer as at the end of a taxation year in respect of an amount recoverable from a reinsurer. (somme à recouvrer au titre de la réassurance) (2) Section 1408 of the Regulations is amended by adding the following after subsection (7): (8) A reference in this Part to an amount or item reported as an asset or a liability of an insurer as at the end of a taxation year means (a) if reporting by the insurer to the insurer’s relevant authority is required at the end of the year, an amount or item that is reported, as at the end of the year, as an asset or a liability in the insurer’s non-consolidated balance sheet accepted by the insurer’s relevant authority; and (b) in any other case, an amount or item that is reported as an asset or a liability in a nonconsolidated balance sheet that is prepared in a manner consistent with the requirements that would have applied had reporting to the insurer’s relevant authority been required at the end of the year. (3) Subsections (1) and (2) apply to taxation years that begin after 2010. 81. (1) The definitions “Canadian reserve liabilities” and “reinsurance recoverable” in subsection 2400(1) of the Regulations are replaced by the following: “Canadian reserve liabilities” of an insurer as at the end of a taxation year means the amount determined by the formula A–B where A is the total of the insurer’s liabilities and reserves (other than liabilities and reserves in respect of a segregated fund) as at the end of the year in respect of (a) life insurance policies in Canada,
Soutien de la reprise é (b) fire insurance policies issued or effected in respect of property situated in Canada, and (c) insurance policies of any other class covering risks ordinarily within Canada at the time the policy was issued or effected; and B is the total of the reinsurance recoverable reported as a reinsurance asset by the insurer as at the end of the year relating to its liabilities and reserves in A. (passif de réserve canadienne) “reinsurance recoverable” of an insurer means the total of all amounts each of which is an amount reported as a reinsurance asset of the insurer as at the end of a taxation year in respect of an amount recoverable from a reinsurer. (montant à recouvrer au titre de la réassurance)
(2) The description of B in subparagraph (a)(i) of the definition “Canadian investment fund” in subsection 2400(1) of the Regulations is replaced by the following: B is the amount of the insurer’s Canadian outstanding premiums and policy loans as at the end of the year (to the extent that the amount of the premiums and loans are in respect of policies referred to in paragraphs (a) to (c) of the description of A in the definition “Canadian reserve liabilities” and were not otherwise deducted in computing the amount of the insurer’s Canadian reserve liabilities as at the end of the year), and (3) Clause (b)(i)(A) of the definition “Canadian investment fund” in subsection 2400(1) of the Regulations is replaced by the following:
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(4) Subparagraph (b)(i) of the definition “equity limit” in subsection 2400(1) of the Regulations is replaced by the following: (i) the amount, if any, by which the insurer’s mean Canadian reserve liabilities for the year exceeds 50% of the total of its premiums receivable and deferred acquisition expenses as at the end of the year and its premiums receivable and deferred acquisition expenses as at the end of its preceding taxation year to the extent that those amounts were included in the insurer’s Canadian reserve liabilities for the year or the preceding taxation year, as the case may be, in respect of the insurer’s business in Canada, and (5) Subparagraph (a)(ii) of the definition “weighted Canadian liabilities” in subsection 2400(1) of the Regulations is replaced by the following: (ii) the total of (A) the insurer’s policy loans (other than policy loans in respect of annuities) as at the end of the year, and (B) the reinsurance recoverable reported by the insurer as at the end of the year relating to its liabilities described in subparagraph (i), and (6) Subparagraph (b)(ii) of the definition “weighted Canadian liabilities” in subsection 2400(1) of the Regulations is replaced by the following: (ii) the total of
Soutien de la reprise é (A) the insurer’s policy loans in respect of annuities as at the end of the year, and (B) the reinsurance recoverable reported by the insurer as at the end of the year relating to its liabilities described in subparagraph (i). (passif canadien pondéré) (7) Subparagraph (a)(ii) of the definition “weighted total liabilities” in subsection 2400(1) of the Regulations is replaced by the following: (ii) the total of (A) the insurer’s policy loans and foreign policy loans (other than policy loans and foreign policy loans in respect of annuities) as at the end of the year, and (B) the reinsurance recoverable reported by the insurer as at the end of the year relating to its liabilities described in subparagraph (i), and (8) Subparagraph (b)(ii) of the definition “weighted total liabilities” in subsection 2400(1) of the Regulations is replaced by the following: (ii) the total of (A) the insurer’s policy loans and foreign policy loans in respect of annuities as at the end of the year, and (B) the reinsurance recoverable reported by the insurer as at the end of the year relating to its liabilities described in subparagraph (i). (passif total pondéré) (9) Section 2400 of the Regulations is amended by adding the following after subsection (8): (9) A computation that is required to be made under this Part in respect of an insurer’s taxation year that included December 31, 2010 and that is relevant to a computation (in this subsection referred to as the “transition year computation”) that is required to be made under this Part in respect of the insurer’s first taxation
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year that begins after that date shall, for the purposes only of the transition year computation, be made using the same definitions, rules and methodologies that are used in the transition year computation. (10) Subsections (1) to (9) apply to taxation years that begin after 2010. 82. (1) Paragraphs 2401(2)(b) and (c) of the Regulations are replaced by the following: (b) shall designate for a taxation year investment property of the insurer for the year with a total value for the year equal to the amount, if any, by which the insurer’s mean Canadian reserve liabilities for the year in respect of its accident and sickness insurance business in Canada exceeds the insurer’s mean Canadian outstanding premiums for the year in respect of that business; (c) shall designate for a taxation year in respect of the insurer’s insurance business in Canada (other than a life insurance business or an accident and sickness insurance business) investment property of the insurer for the year with a total value for the year equal to the amount, if any, by which the insurer’s mean Canadian reserve liabilities for the year in respect of that business exceeds 50% of the total of all amounts each of which is the amount, as at the end of the year or as at the end of its preceding taxation year, of a premium receivable or a deferred acquisition expense (to the extent that it is included in the insurer’s Canadian reserve liabilities as at the end of the year or preceding taxation year, as the case may be) of the insurer in respect of that business;
(2) Subsection (1) applies to taxation years that begin after 2010.
Soutien de la reprise é 83. (1) Section 3700 of the Regulations and the headings before it are replaced by the following: PART XXXVII REGISTERED CHARITIES (2) Subsection (1) applies for taxation years that end on or after March 4, 2010. 84. (1) The portion of subsection 3701(1) of the Regulations before paragraph (a) is replaced by the following: 3701. (1) For the purposes of the description of B in the definition “disbursement quota” in subsection 149.1(1) of the Act, the prescribed amount for a taxation year of a registered charity is determined as follows: (2) Paragraph 3701(1)(b) of the Regulations is replaced by the following: (b) aggregate for each period chosen under paragraph (a) all amounts, each of which is the value, determined in accordance with section 3702, of a property, or a portion of a property, owned by the registered charity, and not used directly in charitable activities or administration, on the last day of the period; (3) Subsections 3701(2) and (3) of the Regulations are replaced by the following: (2) For the purposes of subsection (1) and subject to subsection (3), (a) the number of periods chosen by a registered charity under paragraph (1)(a) shall, unless otherwise authorized by the Minister, be used for the taxation year and for all subsequent taxation years; and (b) a registered charity is deemed to have existed on the last day of each of the periods chosen by it.
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(3) The number of periods chosen under paragraph (1)(a) may be changed by the registered charity for its first taxation year commencing after 1986 and the new number shall, unless otherwise authorized by the Minister, be used for that taxation year and all subsequent taxation years. (4) Subsections (1) to (3) apply to taxation years that end on or after March 4, 2010. 85. (1) Subsection 3702(1) of the Regulations is replaced by the following: 3702. (1) For the purposes of subsection 3701(1), the value of a property, or a portion of a property, owned by a registered charity, and not used directly in charitable activities or administration, on the last day of a period is determined as of that day to be (a) in the case of a non-qualified investment of a private foundation, the greater of its fair market value on that day and its cost amount to the private foundation; (b) subject to paragraph (c), in the case of property other than a non-qualified investment that is (i) a share of a corporation that is listed on a designated stock exchange, the closing price or the average of the bid and asked prices of that share on that day or, if there is no closing price or bid and asked prices on that day, on the last preceding day for which there was a closing price or bid and asked prices, (ii) a share of a corporation that is not listed on a designated stock exchange, the fair market value of that share on that day, (iii) an interest in real property or a real right in an immovable, the fair market value on that day of the interest or right less the amount of any debt of the registered charity incurred in respect of the acquisition of the interest or right and secured by the interest or right, where the debt bears a reasonable rate of interest,
Soutien de la reprise é (iv) a contribution that is the subject of a pledge, nil, (v) an interest, or for civil law a right, in property where the registered charity does not have the present use or enjoyment of the interest or right, nil, (vi) a life insurance policy, other than an annuity contract, that has not matured, nil, and (vii) a property not described in any of subparagraphs (i) to (vi), the fair market value of the property on that day; and (c) in the case of any property described in paragraph (b) that is owned in connection with the charitable activities of the registered charity and is a share of a limited-dividend housing company referred to in paragraph 149(1)(n) of the Act or a loan, that has ceased to be used for charitable purposes and is being held pending disposition or for use in charitable activities, or that has been acquired for use in charitable activities, the lesser of the fair market value of the property on that day and an amount determined by the formula (A / 0.035) x (12 / B) where A is the income earned on the property in the period, and B is the number of months in the period.
(2) Subsection (1) applies for taxation years that end on or after March 4, 2010. 86. (1) The definition “total reserve liabilities” in section 8600 of the Regulations is replaced by the following: “total reserve liabilities” of an insurer as at the end of a taxation year means the amount determined by the formula A–B
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where A is the total amount as at the end of the year of the insurer’s liabilities and reserves (other than liabilities and reserves in respect of a segregated fund within the meaning assigned by subsection 138(12) of the Act) in respect of all its insurance policies, as determined for the purposes of the Superintendent of Financial Institutions, if the insurer is required by law to report to the Superintendent of Financial Institutions, or, in any other case, the superintendent of insurance or other similar officer or authority of the province under the laws of which the insurer is incorporated, and B is the total of the reinsurance recoverable (within the meaning assigned by subsection 2400(1)) reported as a reinsurance asset by the insurer as at the end of the year relating to its liabilities and reserves in A. (passif total de réserve) (2) Subsection (1) applies to taxation years that begin after 2010. 87. (1) The Regulations are amended by adding the following after section 9400: PART XCV EMPLOYEE LIFE AND HEALTH TRUSTS Prescribed rights
9500. For the purpose of subparagraph 144.1(2)(g)(iii) of the Act, prescribed payments are payments to General Motors of Canada Limited or Chrysler Canada Inc. by the employee life and health trust established for the benefit of retired automobile industry workers by the Canadian Auto Workers’ Union that (a) are reasonable in the circumstances; (b) are made as consideration for administrative services provided to or on behalf of the trust or its beneficiaries, or as reimbursement for employee benefit payments made on behalf of, or in contemplation of the establishment of, the trust; and
Soutien de la reprise é (c) the recipient acknowledges in writing shall be included in computing the recipient’s income in the year that they are receivable, to the extent that the recipient deducts in the year, or deducted in a prior year, in computing its income amounts in respect of the services or benefit payments described in paragraph (b). (2) Subsection (1) applies after 2009. 88. (1) The portion of paragraph (v) of Class 10 in Schedule II to the Regulations before subparagraph (i) is replaced by the following: (v) property acquired after August 31, 1984 (other than property that is included in Class 30) that is equipment used for the purpose of effecting an interface between a cable distribution system and electronic products used by consumers of that system and that is designed primarily (2) Subsection (1) applies in respect of taxation years that end after March 4, 2010. 89. (1) Class 30 in Schedule II to the Regulations is replaced by the following: Class 30 Property of a taxpayer that is (a) an unmanned telecommunication spacecraft that was designed to orbit above the earth and that was acquired by the taxpayer (i) before 1988, or (ii) before 1990 (A) pursuant to an obligation in writing entered into by the taxpayer before June 18, 1987, or (B) that was under construction by or on behalf of the taxpayer on June 18, 1987; or (b) equipment used for the purpose of effecting an interface between a cable or satellite distribution system (other than a
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satellite radio distribution system) and electronic products used by consumers of that system if the equipment (i) is designed primarily (A) to augment the channel capacity of a television receiver, or (B) to decode pay television or other signals provided on a discretionary basis, (ii) is acquired by the taxpayer after March 4, 2010, and (iii) has not been used or acquired for use for any purpose by any taxpayer before March 5, 2010. (2) Subsection (1) applies in respect of taxation years that end after March 4, 2010. 90. (1) Subparagraphs (a)(iii) and (iii.1) of Class 43.1 in Schedule II to the Regulations are replaced by the following: (iii) heat recovery equipment used primarily for the purpose of conserving energy, or reducing the requirement to acquire energy, by extracting for reuse thermal waste that is generated by equipment referred to in subparagraph (i) or (ii), (iii.1) district energy equipment that is part of a district energy system that uses thermal energy that is primarily supplied by electrical cogeneration equipment that would be property described in paragraphs (a) to (c) if read without reference to this subparagraph, (2) Subclause (d)(i)(A)(II) of Class 43.1 in Schedule II to the Regulations is replaced by the following: (II) equipment that is part of a ground source heat pump system that transfers heat to or from the ground or groundwater (but not to or from surface water such as a river, a lake or an ocean) and that, at the time of installation, meets the standards set by
Soutien de la reprise é the Canadian Standards Association for the design and installation of earth energy systems, including such equipment that consists of piping (including above or below ground piping and the cost of drilling a well, or trenching, for the purpose of installing that piping), energy conversion equipment, energy storage equipment, control equipment and equipment designed to enable the system to interface with other heating or cooling equipment, and
(3) Clause (d)(i)(B) of Class 43.1 in Schedule II to the Regulations is replaced by the following: (B) it is not a building, part of a building (other than a solar collector that is not a window and that is integrated into a building), equipment used to heat water for use in a swimming pool, energy equipment that backs up equipment described in subclause (A)(I) or (II) nor equipment that distributes heated or cooled air or water in a building, (4) Subparagraph (d)(iv) of Class 43.1 in Schedule II to the Regulations is replaced by the following: (iv) heat recovery equipment used by the taxpayer, or by a lessee of the taxpayer, primarily for the purpose of conserving energy, or reducing the requirement to acquire energy, by extracting for reuse thermal waste that is generated directly in an industrial process (other than an industrial process that generates or processes electrical energy), including such equipment that consists of heat exchange equipment, compressors used to upgrade low pressure steam, vapour or gas, waste heat boilers and other ancillary equipment such as control panels, fans, instruments or
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pumps, but not including property that is employed in re-using the recovered heat (such as property that is part of the internal heating or cooling system of a building or electrical generating equipment), is a building or is equipment that recovers heat primarily for use for heating water in a swimming pool.
(5) Subparagraphs (d)(vii) to (ix) of Class 43.1 in Schedule II to the Regulations are replaced by the following: (vii) equipment used by the taxpayer, or by a lessee of the taxpayer, primarily for the purpose of generating electrical energy solely from geothermal energy, including such equipment that consists of piping (including above or below ground piping and the cost of drilling a well, or trenching, for the purpose of installing that piping), pumps, heat exchangers, steam separators, electrical generating equipment and ancillary equipment used to collect the geothermal heat, but not including buildings, transmission equipment, distribution equipment, equipment designed to store electrical energy, property otherwise included in Class 10 and property that would be included in Class 17 if that Class were read without reference to its subparagraph (a.1)(i), (viii) equipment used by the taxpayer, or by a lessee of the taxpayer, primarily for the purpose of collecting landfill gas or digester gas, including such equipment that consists of piping (including above or below ground piping and the cost of drilling a well, or trenching, for the purpose of installing that piping), fans, compressors, storage tanks, heat exchangers and other ancillary equipment used to collect gas, to remove non-combustibles and contaminants from the gas or to store the gas, but not including property otherwise included in Class 10 or 17,
Soutien de la reprise é (ix) equipment used by the taxpayer, or by a lessee of the taxpayer, primarily for the purpose of generating heat energy from the consumption of eligible waste fuel, and not using any fuel other than eligible waste fuel or fossil fuel, if the heat energy is used directly in an industrial process, or in a greenhouse, including such equipment that consists of fuel handling equipment used to upgrade the combustible portion of the fuel and control, feedwater and condensate systems, and other ancillary equipment, but not including buildings or other structures, heat rejection equipment (such as condensers and cooling water systems), fuel storage facilities, other fuel handling equipment and electrical generating equipment, and property otherwise included in Class 10 or 17,
(6) Subparagraph (d)(xi) of Class 43.1 in Schedule II to the Regulations is replaced by the following: (xi) equipment used by the taxpayer, or by a lessee of the taxpayer, in a system that converts wood waste or plant residue into bio-oil, if that bio-oil is used primarily for the purpose of generating heat that is used directly in an industrial process or a greenhouse, generating electricity or generating electricity and heat, other than equipment used for the collection, storage or transportation of wood waste or plant residue, buildings or other structures and property otherwise included in Class 10 or 17,
(7) Subparagraph (d)(xiii) of Class 43.1 in Schedule II to the Regulations is replaced by the following:
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(xiii) property that is part of a system that is used by the taxpayer, or by a lessee of the taxpayer, primarily to produce and store biogas, which property includes equipment that is an anaerobic digester reactor, a buffer tank, a pre-treatment tank, biogas piping, a biogas storage tank and a biogas scrubbing equipment, but not including (A) property (other than a buffer tank) that is used to collect, move or store organic waste, (B) equipment used to process the residue after digestion or to treat recovered liquids, (C) buildings or other structures, and (D) property otherwise included in Class 10 or 17, or
(8) Paragraph (d) of Class 43.1 in Schedule II to the Regulations is amended by deleting “or” at the end of subparagraph (xiii), by replacing “and” at the end of subparagraph (xiv) with “or” and by adding the following after subparagraph (xiv): (xv) district energy equipment that (A) is used by the taxpayer or by a lessee of the taxpayer, (B) is part of a district energy system that uses thermal energy that is primarily supplied by equipment that is described in subparagraph (i) or (iv) or would be described in subparagraph (i) or (iv) if owned by the taxpayer, and (C) is not a building, and (9) Subsections (1), (4) and (8) apply to property acquired after March 3, 2010.
Soutien de la reprise é (10) Subsections (2), (3) and (5) to (7) apply to property acquired after February 25, 2008, except that in its application to property acquired before May 3, 2010, (a) subclause (d)(i)(A)(II) of Class 43.1 in Schedule II to the Regulations, as enacted by subsection (2), shall be read as follows: (II) equipment that is part of a ground source heat pump system that transfers heat to or from the ground or groundwater (but not to or from surface water such as a river, a lake or an ocean) and that, at the time of installation, meets the standards set by the Canadian Standards Association for the design and installation of earth energy systems, including such equipment that consists of underground piping, energy conversion equipment, energy storage equipment, control equipment and equipment designed to enable the system to interface with other heating or cooling equipment, and (b) subparagraphs (d)(vii) and (viii) of Class 43.1 in Schedule II to the Regulations, as enacted by subsection (5), shall be read as follows: (vii) above-ground equipment used by the taxpayer, or by a lessee of the taxpayer, primarily for the purpose of generating electrical energy solely from geothermal energy, including such equipment that consists of pumps, heat exchangers, steam separators, electrical generating equipment and ancillary equipment used to collect the geothermal heat, but not including buildings, transmission equipment, distribution equipment, equipment designed to store electrical energy, property otherwise included in Class 10 and property that would be included in Class 17 if that Class were read without reference to its subparagraph (a.1)(i), (viii) above-ground equipment used by the taxpayer, or by a lessee of the taxpayer, primarily for the purpose of collecting landfill gas or digester gas, including such
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equipment that consists of fans, compressors, storage tanks, heat exchangers and other ancillary equipment used to collect gas, to remove non-combustibles and contaminants from the gas or to store the gas, but not including property otherwise included in Class 10 or 17,
PART 2 AMENDMENTS IN RESPECT OF EXCISE DUTIES AND SALES AND EXCISE TAXES 2002, c. 9, s. 5
AIR TRAVELLERS SECURITY CHARGE ACT 91. (1) The definition “fiscal month” in section 2 of the Air Travellers Security Charge Act is replaced by the following:
“fiscal month” « mois d’exercice »
“fiscal month” means a fiscal month as determined under subsection 16(1). (2) Section 2 of the Act is amended by adding the following in alphabetical order:
“fiscal half-year” « semestre d’exercice »
“fiscal half-year” means a fiscal half-year as determined under subsection 16(2).
“fiscal year” « exercice »
“fiscal year” of a designated air carrier means the same period that is the carrier’s fiscal year under Part IX of the Excise Tax Act.
“reporting period” « période de déclaration »
“reporting period” means a reporting period as determined under section 16.1.
92. The Act is amended by adding the following after section 5:
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Associated persons
5.1 (1) For the purposes of this Act, a particular corporation is associated with another corporation if, by reason of subsections 256(1) to (6) of the Income Tax Act, the particular corporation is associated with the other corporation for the purposes of that Act.
Corporations controlled by same person or group
(2) For the purposes of this Act, a person other than a corporation is associated with a particular corporation if the particular corporation is controlled by the person or by a group of persons of which the person is a member and each of whom is associated with each of the others.
Partnership or trust
(3) For the purposes of this Act, a person is associated with (a) a partnership if the total of the shares of the profits of the partnership to which the person and all other persons who are associated with the person are entitled is more than half of the total profits of the partnership, or would be more than half of the total profits of the partnership if it had profits; and (b) a trust if the total of the values of the interests in the trust of the person and all other persons who are associated with the person is more than half of the total value of all interests in the trust.
Association with third person
(4) For the purposes of this Act, a person is associated with another person if each of them is associated with the same third person. 93. (1) The Act is amended by adding the following after section 15:
No action for collection of charge
15.1 No person, other than Her Majesty, may bring an action or proceeding against any person for acting in compliance or intended compliance with this Act by collecting an amount as or on account of the charge. (2) Subsection (1) applies to any action or proceeding that has not, on or before July 13, 2010, been finally determined by the tribunals or courts of competent jurisdiction. 94. The heading “FISCAL MONTH” before section 16 and section 16 of the Act are replaced by the following:
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Determination of fiscal months
16. (1) The fiscal months of a designated air carrier shall be determined in accordance with the following rules: (a) if fiscal months of the carrier have been determined under subsection 243(2) or (4) of the Excise Tax Act for the purposes of Part IX of that Act, each of those fiscal months is a fiscal month of the carrier for the purposes of this Act; (b) if fiscal months of the carrier have not been determined under subsection 243(2) or (4) of the Excise Tax Act for the purposes of Part IX of that Act, the carrier may choose, at the time of registration under section 17, as their fiscal months for the purposes of this Act, fiscal months that meet the requirements set out in subsection 243(2) of the Excise Tax Act; and (c) if paragraph (a) does not apply and the carrier has not chosen their fiscal months under paragraph (b), each calendar month is a fiscal month of the carrier for the purposes of this Act.
Determination of fiscal half-years
(2) The fiscal half-years of a designated air carrier shall be determined in accordance with the following rules: (a) the period beginning on the first day of the first fiscal month in a fiscal year of the carrier and ending on the earlier of the last day of the sixth fiscal month and the last day in the fiscal year is a fiscal half-year of the carrier; and (b) the period, if any, beginning on the first day of the seventh fiscal month and ending on the last day in the fiscal year of the carrier is a fiscal half-year of the carrier. REPORTING PERIODS
Reporting period — general
16.1 (1) Subject to this section, the reporting period of a designated air carrier is a fiscal month.
2010 Reporting period — semiannual
Soutien de la reprise é (2) On application in the prescribed form and manner by a designated air carrier, the Minister may, in writing, authorize the reporting period of that carrier to be a fiscal half-year in a particular fiscal year if (a) the carrier has been registered for a period exceeding twelve consecutive fiscal months; (b) the total of all charges and amounts collected or required to be collected under this Act by the carrier and any person associated with the carrier in the fiscal year ending immediately before the particular fiscal year did not exceed $120,000; (c) the total of all charges and amounts collected or required to be collected under this Act by the carrier and any person associated with the carrier in the particular fiscal year does not exceed $120,000; and (d) the carrier is in compliance with the Act.
Deemed revocation
(3) An authorization under subsection (2) is deemed to be revoked if the total of all charges and amounts collected or required to be collected under this Act by the carrier and any person associated with the carrier exceeds $120,000 in a fiscal year, which revocation is effective as of the first day after the end of the fiscal half-year in which the excess occurs.
Revocation — other
(4) The Minister may revoke an authorization if (a) the carrier requests in writing the Minister to do so; (b) the carrier fails to comply with the Act; or (c) the Minister considers that the authorization is no longer required.
Notice of revocation
(5) If the Minister revokes an authorization under subsection (4), the Minister shall send a notice in writing of the revocation to the carrier and shall specify in the notice the fiscal month for which the revocation becomes effective.
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Deemed reporting period on revocation
(6) If a revocation under subsection (4) becomes effective before the last day of a fiscal half-year of a carrier that is authorized under subsection (2), the period beginning on the first day of the fiscal half-year and ending immediately before the first day of the fiscal month for which the revocation becomes effective is deemed to be a reporting period of the carrier.
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95. Subsection 17(2) of the Act is replaced by the following: Returns and payments
(2) Every designated air carrier that is registered or is required to register shall, not later than the last day of the first month after each reporting period of the carrier, (a) file a return with the Minister, in the prescribed form and manner containing all prescribed information, for that reporting period; (b) calculate, in the return, the total of (i) all charges required to be collected by the carrier during that reporting period other than such a charge that was collected by the carrier before that reporting period, (ii) all amounts each of which is a charge collected by the carrier during that reporting period at a time before the charge became payable under subsection 11(2) if the time at which the charge becomes so payable is after the end of that reporting period, and (iii) all other amounts collected as or on account of charges by the carrier during that reporting period that were not included in a calculation under subparagraph (i) or (ii) for a previous reporting period; and (c) pay an amount equal to that total to the Receiver General.
2007, c. 18, s. 146
96. Subsection 30(1) of the Act is replaced by the following:
Waiving or reducing interest
30. (1) The Minister may, on or before the day that is 10 calendar years after the end of a reporting period of a person, or on application by the person on or before that day, waive or reduce any interest payable by the person under
Soutien de la reprise é this Act on an amount that is required to be paid by the person under this Act in respect of the reporting period. 97. Subsection 32(4) of the Act is replaced by the following:
Deduction of refund
(4) A designated air carrier that has refunded or credited an amount under subsection (1) or (2) within two years after the day the amount was collected and that has issued to a person a document in accordance with subsection (3) may deduct the amount of the refund or credit from the amount payable by the carrier under subsection 17(2) for the reporting period of the carrier in which the document is issued to the person, to the extent that the amount of the charge has been included by the carrier in determining the amount payable by the carrier under subsection 17(2) for the reporting period or a preceding reporting period of the carrier. 98. Paragraph 33(3)(a) of the Act is replaced by the following: (a) the amount was taken into account as an amount required to be paid by the person in respect of one of their reporting periods and the Minister has assessed the person for the period under section 39; or 99. Section 35 of the Act is replaced by the following:
Restriction re trustees
35. If a trustee is appointed under the Bankruptcy and Insolvency Act to act in the administration of the estate of a bankrupt, a refund under this Act that the bankrupt was entitled to claim before the appointment shall not be paid after the appointment unless all returns required under this Act to be filed for reporting periods of the bankrupt ending before the appointment have been filed and all amounts required under this Act to be paid by the bankrupt in respect of those reporting periods have been paid. 100. Subsection 39(4) of the Act is replaced by the following:
Refund on reassessment
(4) If a person has paid an amount assessed under this section in respect of a reporting period and the amount paid exceeds the amount determined on reassessment to have been
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payable by the person in respect of that reporting period, the Minister shall refund to the person the amount of the excess and, for the purpose of section 28, the refund is deemed to have been required to be paid on the day on which the amount was paid to the Minister. 2006, c. 4, s. 105
101. The portion of section 53 of the Act before paragraph (b) is replaced by the following:
Failure to file a return when required
53. Every person who fails to file a return for a reporting period as and when required under this Act shall pay a penalty equal to the sum of (a) an amount equal to 1% of the total of all amounts each of which is an amount that is required to be paid for the reporting period and was not paid on the day on which the return was required to be filed, and
2007, c. 18, s. 151
102. Subsection 55(1) of the Act is replaced by the following:
Waiving or cancelling penalties
55. (1) The Minister may, on or before the day that is 10 calendar years after the end of a reporting period of a person, or on application by the person on or before that day, waive or cancel any penalty payable by the person under section 53 in respect of the reporting period.
2004, c. 22, s. 45
103. Subparagraphs 72(2.2)(a)(i) and (ii) of the Act are replaced by the following: (i) if a notice of assessment in respect of the charge debt, or a notice referred to in subsection 80(1) in respect of the charge debt, is sent to or served on the person, after March 3, 2004, on the last day on which one of those notices is sent or served, (ii) if no notice referred to in subparagraph (i) in respect of the charge debt was sent or served and the earliest day on which the Minister can commence an action to collect that charge debt is after March 3, 2004, on that earliest day, and 104. Subsections 83(9) and (10) of the Act are replaced by the following:
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Mailing or sending date
(9) If a notice or demand that the Minister is required or authorized under this Act to send to a person is mailed, or sent electronically, to the person, the day of mailing or sending, as the case may be, is deemed to be the date of the notice or demand.
Date electronic notice sent
(9.1) For the purposes of this Act, if a notice or other communication in respect of a person is made available in electronic format such that it can be read or perceived by a person or a computer system or other similar device, the notice or other communication is deemed to be sent to the person and received by the person on the date that an electronic message is sent, to the electronic address most recently provided before that date by the person to the Minister for the purposes of this subsection, informing the person that a notice or other communication requiring the person’s immediate attention is available in the person’s secure electronic account. A notice or other communication is considered to be made available if it is posted by the Minister in the person’s secure electronic account and the person has authorized that notices or other communications may be made available in this manner and has not before that date revoked that authorization in a manner specified by the Minister.
Date assessment made
(10) If a notice of assessment has been sent by the Minister as required under this Act, the assessment is deemed to have been made on the day of sending of the notice of assessment.
R.S., E-14
EXCISE ACT 105. The Excise Act is amended by adding the following after section 36:
Determination of periods for semiannual returns
36.1 (1) The following are six-month periods of a licensed brewer: (a) the period beginning on January 1 and ending on June 30, or the portion of that period, if any, that ends before the month on which a revocation under subsection (3) or (4) becomes effective; and
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(b) the period beginning on July 1 and ending on December 31, or the portion of that period, if any, that ends before the month on which a revocation under subsection (3) or (4) becomes effective. Semi-annual returns
(2) On application by a licensed brewer in the form and manner specified by the Minister, the Minister may, in writing, authorize the brewer to make a return for each six-month period in a particular year if (a) the brewer has been licensed for a period exceeding one year; (b) the total of all duty imposed, levied and collected on beer and malt liquor brewed by the brewer and any person associated with the brewer in the year ending immediately before the particular year did not exceed $120,000; (c) the total of all duty imposed, levied and collected on beer and malt liquor brewed by the brewer and any person associated with the brewer in the particular year does not exceed $120,000; and (d) the brewer is in compliance with the Act.
Deemed revocation
(3) An authorization under subsection (2) is deemed to be revoked if the total of all duties imposed, levied and collected on beer and malt liquor by the brewer and any person associated with the brewer exceeds $120,000 in a year, which revocation is effective as of the first day after the end of the six-month period in which the excess occurs.
Revocation — other
(4) The Minister may revoke an authorization if (a) the brewer requests in writing the Minister to do so; (b) the brewer fails to comply with the Act; or (c) the Minister considers that the authorization is no longer required.
Soutien de la reprise é
Notice of revocation
(5) If the Minister revokes an authorization under subsection (4), the Minister shall send a notice in writing of the revocation to the brewer and shall specify in the notice the month for which the revocation becomes effective.
R.S., c. 12 (4th Supp.), s. 57
106. Section 37 of the Act is replaced by the following:
Time for making return — general
37. (1) Every return with respect to quantities, required to be made by this Act, shall be made to the collector on or before the tenth working day of each month for the month last preceding that day.
Time for making return — semiannual
(2) Despite subsection (1), if a licensed brewer is authorized by the Minister to make a return for a six-month period under subsection 36.1(2), the return shall be made to the collector on or before the tenth working day of the month following the end of the six-month period.
2002, c. 22
EXCISE ACT, 2001 107. Section 2 of the Excise Act, 2001 is amended by adding the following in alphabetical order:
“fiscal half-year” « semestre d’exercice »
“fiscal half-year” means a fiscal half-year as determined under subsection 159(1.1).
“fiscal year” « exercice »
“fiscal year” of a person means the same period that is the person’s fiscal year under Part IX of the Excise Tax Act.
“reporting period” « période de déclaration »
“reporting period” means a reporting period as determined under section 159.1.
108. Section 6 of the Act is amended by adding the following after subsection (2): Associated persons
(3) For the purposes of this Act, a particular corporation is associated with another corporation if, by reason of subsections 256(1) to (6) of the Income Tax Act, the particular corporation is associated with the other corporation for the purposes of that Act.
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Corporations controlled by same person or group
(4) For the purposes of this Act, a person other than a corporation is associated with a particular corporation if the particular corporation is controlled by the person or by a group of persons of which the person is a member and each of whom is associated with each of the others.
Partnership or trust
(5) For the purposes of this Act, a person is associated with
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(a) a partnership if the total of the shares of the profits of the partnership to which the person and all other persons who are associated with the person are entitled is more than half of the total profits of the partnership, or would be more than half of the total profits of the partnership if it had profits; and (b) a trust if the total of the values of the interests in the trust of the person and all other persons who are associated with the person is more than half of the total value of all interests in the trust. Association with third person
(6) For the purposes of this Act, a person is associated with another person if each of them is associated with the same third person. 109. The heading “FISCAL MONTH” before section 159 of the Act is replaced by the following: FISCAL PERIODS 110. Section 159 of the Act is amended by adding the following after subsection (1):
Determination of fiscal half-years
(1.1) The fiscal half-years of a person shall be determined in accordance with the following rules: (a) the period beginning on the first day of the first fiscal month in a fiscal year of the person and ending on the earlier of the last day of the sixth fiscal month and the last day in the fiscal year is a fiscal half-year of the person; and (b) the period, if any, beginning on the first day of the seventh fiscal month and ending on the last day in the fiscal year of the person is a fiscal half-year of the person.
Soutien de la reprise é 111. The Act is amended by adding the following after section 159: REPORTING PERIODS
Reporting period — general
159.1 (1) Subject to this section, the reporting period of a person is a fiscal month.
Reporting period — semiannual
(2) On application in the prescribed form and manner by a person, the Minister may, in writing, authorize the reporting period of that person to be a fiscal half-year in a particular fiscal year if (a) the person is a licensee in one or more of the following categories: (i) an excise warehouse licensee who does not hold in their excise warehouse manufactured tobacco or cigars, (ii) a spirits licensee, (iii) a wine licensee, or (iv) a licensed user; (b) the person has been licensed for a period exceeding twelve consecutive fiscal months; (c) in respect of a category, the total of all duties payable under Part 4 by the person and any person associated with the person in the fiscal year ending immediately before the particular fiscal year did not exceed $120,000; (d) in respect of a category, the total of all duties payable under Part 4 by the person and any person associated with the person in the particular fiscal year does not exceed $120,000; (e) in the case where the person is an excise warehouse licensee, the liability of the person and any excise warehouse licensee associated with the person with respect to duty on alcohol entered into an excise warehouse (i) did not exceed $120,000 in the fiscal year ending immediately before the particular fiscal year, and (ii) does not exceed $120,000 in the particular fiscal year;
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(f) in the case where the person is a licensed user, the liability of the person and any licensed user associated with the person with respect to duty on alcohol entered into their specified premises (i) did not exceed $120,000 in the fiscal year ending immediately before the particular fiscal year, and (ii) does not exceed $120,000 in the particular fiscal year; (g) the volume of absolute ethyl alcohol added to the bulk spirits inventory of the person that is a spirits licensee and any spirits licensee associated with the person did not exceed in the fiscal year ending immediately before the particular fiscal year, and does not exceed in the particular fiscal year, the amount determined by the formula A/B where A is $120,000, and B is the rate of duty on spirits set out in section 1 of Schedule 4; (h) the volume of wine added to the bulk wine inventory of the person that is a wine licensee and any wine licensee associated with the person did not exceed in the fiscal year ending immediately before the particular fiscal year, and does not exceed in the particular fiscal year, the amount determined by the formula A/B where A is $120,000, and B is the rate of duty on wine set out in paragraph (c) of Schedule 6; and (i) the person is in compliance with the Act.
Deemed revocation
(3) An authorization under subsection (2) is deemed to be revoked if
Soutien de la reprise é (a) any of the conditions described in paragraphs (2)(d) to (h) is no longer met in respect of the person, which revocation is effective as of the first day after the end of the fiscal halfyear in which the condition is no longer met; or (b) an excise warehouse licensee holds in their excise warehouse manufactured tobacco or cigars, which revocation is effective as of the first day of the fiscal month in which the licensee begins to hold the tobacco or cigars.
Revocation — other
(4) The Minister may revoke an authorization if (a) the person requests in writing the Minister to do so; (b) the person fails to comply with the Act; or (c) the Minister considers that the authorization is no longer required.
Notice of revocation
(5) If the Minister revokes an authorization under subsection (4), the Minister shall send a notice in writing of the revocation to the person and shall specify in the notice the fiscal month for which the revocation becomes effective.
Deemed reporting period on revocation
(6) If a revocation under paragraph (3)(b) or subsection (4) becomes effective before the last day of a fiscal half-year of a person that is authorized under subsection (2), the period beginning on the first day of the fiscal halfyear and ending immediately before the first day of the fiscal month for which the revocation becomes effective is deemed to be a reporting period of the person.
2007, c. 18, s. 107(1)
112. Section 160 of the Act is replaced by the following:
Filing by licensee
160. Every person who is licensed under this Act shall, not later than the last day of the first month after each reporting period of the person, (a) file a return with the Minister, in the prescribed form and manner, for that reporting period; (b) calculate, in the return, the total amount of the duty payable, if any, by the person for that reporting period; and
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(c) pay that amount to the Receiver General. 2006, c. 4, s. 115(1)
113. Subsection 170(4) of the Act is replaced by the following:
Minimum interest and penalty
(4) If, at any time, a person pays an amount not less than the total of all amounts, other than interest and penalty payable under section 251.1, owing at that time to Her Majesty under this Act for a reporting period of the person and the total amount of interest and the penalty payable by the person under this Act for that period is not more than $25.00, the Minister may waive the total amount. 114. Paragraph 176(2)(a) of the Act is replaced by the following: (a) the amount was taken into account as duty for a reporting period of the person and the Minister has assessed the person for the period under section 188; or 115. Section 178 of the Act is replaced by the following:
Restriction re trustees
178. If a trustee is appointed under the Bankruptcy and Insolvency Act to act in the administration of the estate of a bankrupt, a refund or any other payment under this Act that the bankrupt was entitled to claim before the appointment shall not be paid after the appointment unless all returns required under this Act to be filed for reporting periods of the bankrupt ending before the appointment have been filed and all amounts required under this Act to be paid by the bankrupt in respect of those reporting periods have been paid. 116. (1) Paragraph 188(1)(a) of the Act is replaced by the following: (a) the duty payable by a person for a reporting period of the person; and
2006, c. 4, s. 117(1)(F)
(2) The portion of subsection 188(3) of the Act before subparagraph (a)(ii) is replaced by the following:
2010 Allowance of unclaimed amounts
Soutien de la reprise é (3) If, in assessing the duty, interest or other amount payable by a person for a reporting period of the person or other amount payable by a person under this Act, the Minister determines that (a) a refund would have been payable to the person if it had been claimed in an application under this Act filed on the particular day that is (i) if the assessment is in respect of duty payable for the reporting period, the day on which the return for the period was required to be filed, or
2006, c. 4, s. 117(3)
(3) The portion of subsection 188(4) of the Act before clause (b)(i)(C) is replaced by the following:
Application of overpayment
(4) If, in assessing the duty payable by a person for a reporting period of the person, the Minister determines that there is an overpayment of duty payable for the period, unless the assessment is made in the circumstances described in paragraph 191(4)(a) or (b) after the time otherwise limited for the assessment under paragraph 191(1)(a), the Minister shall (a) apply (i) all or part of the overpayment against (ii) any amount (in this paragraph referred to as the “outstanding amount”) that, on the particular day on which the person was required to file a return for the period, the person defaulted in paying under this Act and that remains unpaid on the day on which notice of the assessment is sent to the person,
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as if the person had, on the particular day, paid the amount so applied on account of the outstanding amount; (b) apply (i) all or part of the overpayment that was not applied under paragraph (a) together with interest on the overpayment at the prescribed rate, computed for the period beginning on the day that is 30 days after the latest of (A) the particular day, (B) the day on which the return for the reporting period was filed, and (4) Subparagraph 188(4)(c)(ii) of the Act is replaced by the following: (ii) the day on which the return for the reporting period was filed, and 2006, c. 4, s. 117(4)
(5) The portion of subsection 188(5) of the Act before clause (a)(ii)(B) is replaced by the following:
Application of payment
(5) If, in assessing the duty payable by a person for a reporting period of the person or an amount (in this subsection referred to as the “overdue amount”) payable by a person under this Act, all or part of a refund is not applied under subsection (3) against that duty payable or overdue amount, except if the assessment is made in the circumstances described in paragraph 191(4)(a) or (b) after the time otherwise limited for the assessment under paragraph 191(1)(a), the Minister shall (a) apply (i) all or part of the refund that was not applied under subsection (3) against (ii) any other amount (in this paragraph referred to as the “outstanding amount”) that, on the particular day that is (A) if the assessment is in respect of duty payable for the reporting period, the day on which the return for the period was required to be filed, or
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(6) Clause 188(5)(b)(i)(B) of the Act is replaced by the following: (B) if the assessment is in respect of duty payable for the reporting period, the day on which the return for the period was filed, (7) Subparagraph 188(5)(c)(ii) of the Act is replaced by the following: (ii) if the assessment is in respect of duty payable for the reporting period, the day on which the return for the period was filed, 2007, c. 18, s. 111(1)
(8) The portion of subsection 188(6) of the Act before paragraph (a) is replaced by the following:
Limitation on refunding overpayments
(6) An overpayment of duty payable for a reporting period of a person and interest on the overpayment shall not be applied under paragraph (4)(b) or refunded under paragraph (4)(c) unless the person has, before the day on which notice of the assessment is sent to the person, filed all returns and other records of which the Minister has knowledge and that the person was required to file with (9) The portion of subsection 188(9) of the Act before subparagraph (a)(iii) is replaced by the following:
Refund on reassessment
(9) If a person has paid an amount on account of any duty, interest or other amount assessed under this section in respect of a reporting period and the amount paid exceeds the amount determined on reassessment to have been payable by the person, the Minister may refund to the person the amount of the excess, together with interest on the excess amount at the prescribed rate for the period that (a) begins on the day that is 30 days after the latest of
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(i) the day on which the person was required to file a return for the reporting period, (ii) the day on which the person filed a return for the reporting period, and (10) Subsection 188(10) of the Act is replaced by the following: Meaning of “overpayment of duty payable”
(10) In this section, “overpayment of duty payable” of a person for a reporting period of the person means the amount, if any, by which the total of all amounts paid by the person on account of duty payable for the period exceeds the total of (a) the duty payable for the period, and (b) all amounts paid to the person under this Act as a refund for the period. 117. (1) Paragraph 191(1)(a) of the Act is replaced by the following: (a) in the case of an assessment of the duty payable for a reporting period, more than four years after the later of the day on which the return for the period was required to be filed and the day on which the return was filed; (2) Subsections 191(5) and (6) of the Act are replaced by the following:
No limitation if payment for another reporting period
(5) If, in making an assessment, the Minister determines that a person has paid in respect of any matter an amount as or on account of duty payable for a reporting period of the person that was payable for another reporting period of the person, the Minister may at any time make an assessment for that other period in respect of that matter.
Reduction of duty — reporting period
(6) If the result of a reassessment on an objection to, or a decision on an appeal from, an assessment is to reduce the amount of duty payable by a person and, by reason of the reduction, any refund or other payment claimed by the person for a reporting period, or in an application for a refund or other payment, should be decreased, the Minister may at any time assess or reassess that reporting period or that application only for the purpose of taking the reduction of duty into account in respect of the refund or other payment.
Soutien de la reprise é 118. Subsection 193(2) of the Act is replaced by the following:
Scope of notice
(2) A notice of assessment may include assessments in respect of any number or combination of reporting periods, refunds or amounts payable under this Act. 119. (1) Subparagraph 212(2)(a)(i) of the Act is replaced by the following: (i) the trustee is liable for the payment of any duty, interest or other amount that became payable by the person after the particular day in respect of reporting periods that ended on or before the particular day, or of any duty, interest or other amount that became payable by the person after the particular day, only to the extent of the property of the person in possession of the trustee available to satisfy the liability, (2) Paragraphs 212(2)(c) to (e) of the Act are replaced by the following: (c) the reporting period of the person begins and ends on the day on which it would have begun and ended if the bankruptcy had not occurred, except that (i) the reporting period of the person during which the person becomes a bankrupt shall end on the particular day and a new reporting period of the person in relation to the activities of the person to which the bankruptcy relates shall begin on the day immediately after the particular day, and (ii) the reporting period of the person, in relation to the activities of the person to which the bankruptcy relates, during which the trustee in bankruptcy is discharged under the Bankruptcy and Insolvency Act shall end on the day on which the discharge is granted; (d) subject to paragraph (f), the trustee in bankruptcy shall file with the Minister in the prescribed form and manner all returns in respect of the activities of the person to which the bankruptcy relates for the reporting periods of the person ending in the period beginning on the day immediately after the
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particular day and ending on the day on which the discharge of the trustee is granted under the Bankruptcy and Insolvency Act and that are required under this Act to be filed by the person, as if those activities were the only activities of the person; (e) subject to paragraph (f), if the person has not on or before the particular day filed a return required under this Act to be filed by the person for a reporting period of the person ending on or before the particular day, the trustee in bankruptcy shall, unless the Minister waives in writing the requirement for the trustee to file the return, file with the Minister in the prescribed form and manner a return for that reporting period of the person; and (3) Paragraphs 212(3)(c) to (e) of the Act are replaced by the following: (c) the reporting period of the person begins and ends on the day on which it would have begun and ended if the vesting had not occurred, except that (i) the reporting period of the person, in relation to the relevant assets of the receiver, during which the receiver begins to act as receiver of the person, shall end on the particular day and a new reporting period of the person in relation to the relevant assets shall begin on the day immediately after the particular day, and (ii) the reporting period of the person, in relation to the relevant assets, during which the receiver ceases to act as receiver of the person, shall end on the day on which the receiver ceases to act as receiver of the person; (d) the receiver shall file with the Minister in the prescribed form and manner all returns in respect of the relevant assets of the receiver for reporting periods ending in the period during which the receiver is acting as receiver and that are required under this Act to be made by the person, as if the relevant assets were the only businesses, properties, affairs and assets of the person; and
Soutien de la reprise é (e) if the person has not on or before the particular day filed a return required under this Act to be filed by the person for a reporting period of the person ending on or before the particular day, the receiver shall, unless the Minister waives in writing the requirement for the receiver to file the return, file with the Minister in the prescribed form and manner a return for that reporting period that relates to the businesses, properties, affairs or assets of the person that would have been the relevant assets of the receiver if the receiver had been acting as receiver of the person during that reporting period. (4) Paragraphs 212(4)(a) and (b) of the Act are replaced by the following: (a) all duty, interest and other amounts that are payable by the other person under this Act in respect of the reporting period during which the distribution is made, or any previous reporting period; and (b) all duty, interest and other amounts that are, or can reasonably be expected to become, payable under this Act by the representative or receiver in that capacity in respect of the reporting period during which the distribution is made, or any previous reporting period.
2006, c. 4, s. 119(1)
120. The portion of section 251.1 of the Act before paragraph (b) is replaced by the following:
Failure to file return
251.1 Every person who fails to file a return for a reporting period as and when required under this Act shall pay a penalty equal to the sum of (a) an amount equal to 1% of the total of all amounts each of which is an amount that is required to be paid for the reporting period and was not paid before the end of the day on which the return was required to be filed, and 121. The portion of section 253 of the Act before paragraph (a) is replaced by the following:
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False statements or omissions
253. Every person who knowingly, or under circumstances amounting to gross negligence, makes, or participates in, assents to or acquiesces in the making of, a false statement or omission in a return, application, form, certificate, statement, invoice or answer (each of which is in this section referred to as a “return”) made in respect of a reporting period or activity is liable to a penalty equal to the greater of $250 and 25% of the total of
2007, c. 18, s. 126(1)
122. Section 255.1 of the Act is replaced by the following:
Waiving or reducing failure to file penalty
255.1 The Minister may, on or before the day that is 10 calendar years after the end of a reporting period of a person, or on application by the person on or before that day, waive or reduce any penalty payable by the person under section 251.1 in respect of a return for the reporting period.
2004, c. 22, s. 47
123. Subparagraphs 284(2.2)(a)(i) and (ii) of the Act are replaced by the following:
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(i) if a notice of assessment in respect of the tax debt, or a notice referred to in subsection 254(1) or 294(1) in respect of the tax debt, is sent to or served on the person, after March 3, 2004, on the day that is 90 days after the day on which the last one of those notices is sent or served, (ii) if no notice referred to in subparagraph (i) in respect of the tax debt was sent or served and the earliest day on which the Minister can commence an action to collect that tax debt is after March 3, 2004, on that earliest day, and 124. Subparagraph 297(1)(e)(i) of the Act is replaced by the following: (i) an amount that the transferor is liable to pay under this Act in respect of the reporting period in which the property was transferred or any preceding reporting period, or 125. Subsections 301(9) and (10) of the Act are replaced by the following:
Soutien de la reprise é
Mailing or sending date
(9) If a notice or demand that the Minister is required or authorized under this Act to send to a person is mailed, or sent electronically, to the person, the day of mailing or sending, as the case may be, is deemed to be the date of the notice or demand.
Date electronic notice sent
(9.1) For the purposes of this Act, if a notice or other communication in respect of a person is made available in electronic format such that it can be read or perceived by a person or a computer system or other similar device, the notice or other communication is deemed to be sent to the person and received by the person on the date that an electronic message is sent, to the electronic address most recently provided before that date by the person to the Minister for the purposes of this subsection, informing the person that a notice or other communication requiring the person’s immediate attention is available in the person’s secure electronic account. A notice or other communication is considered to be made available if it is posted by the Minister in the person’s secure electronic account and the person has authorized that notices or other communications may be made available in this manner and has not before that date revoked that authorization in a manner specified by the Minister.
Date assessment made
(10) If a notice of assessment has been sent by the Minister as required under this Act, the assessment is deemed to have been made on the day of sending of the notice of assessment.
R.S., c. E-15
EXCISE TAX ACT 126. Section 2 of the Excise Tax Act is amended by adding the following after subsection (2.2):
Associated persons
(2.3) For the purposes of this Act, a particular corporation is associated with another corporation if, by reason of subsections 256(1) to (6) of the Income Tax Act, the particular corporation is associated with the other corporation for the purposes of that Act.
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Corporations controlled by same person or group
(2.4) For the purposes of this Act, a person other than a corporation is associated with a particular corporation if the particular corporation is controlled by the person or by a group of persons of which the person is a member and each of whom is associated with each of the others.
Partnership or trust
(2.5) For the purposes of this Act, a person is associated with
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(a) a partnership if the total of the shares of the profits of the partnership to which the person and all other persons who are associated with the person are entitled is more than half of the total profits of the partnership, or would be more than half of the total profits of the partnership if it had profits; and (b) a trust if the total of the values of the interests in the trust of the person and all other persons who are associated with the person is more than half of the total value of all interests in the trust. Association with third person
(2.6) For the purposes of this Act, a person is associated with another person if each of them is associated with the same third person. 127. Subsection 58.1(1) of the Act is amended by adding the following in alphabetical order:
“fiscal half-year” « semestre d’exercice »
“fiscal half-year” means a fiscal half-year as determined under subsection 78(1.1).
“fiscal year” « exercice »
“fiscal year” of a person means the same period that is the person’s fiscal year under Part IX.
“reporting period” « période de déclaration »
“reporting period” means a reporting period as determined under section 78.1.
128. Section 78 of the Act is amended by adding the following after subsection (1): Determination of fiscal half-years
(1.1) The fiscal half-years of a person shall be determined in accordance with the following rules:
Soutien de la reprise é (a) the period beginning on the first day of the first fiscal month in a fiscal year of the person and ending on the earlier of the last day of the sixth fiscal month and the last day in the fiscal year is a fiscal half-year of the person; and (b) the period, if any, beginning on the first day of the seventh fiscal month and ending on the last day in the fiscal year of the person is a fiscal half-year of the person. 129. The Act is amended by adding the following after section 78:
Reporting period — general
78.1 (1) Subject to this section, the reporting period of a person is a fiscal month.
Reporting period — semiannual
(2) On application in the prescribed form and manner by a person, the Minister may, in writing, authorize the reporting period of that person to be a fiscal half-year in a particular fiscal year if (a) the person has been required to pay tax under Part III, or has been holding a licence granted under or in respect of that Part, for a period exceeding twelve consecutive fiscal months; (b) the total of all taxes payable under Part III by the person and any person associated with the person in the fiscal year ending immediately before the particular fiscal year did not exceed $120,000; (c) the total of all taxes payable under Part III by the person and any person associated with the person in the particular fiscal year does not exceed $120,000; and (d) the person is in compliance with this Act.
Deemed revocation
(3) An authorization under subsection (2) is deemed to be revoked if the total of all taxes payable under Part III by the person and any person associated with the person exceeds $120,000 in a fiscal year, which revocation is effective as of the first day after the end of the fiscal half-year in which the excess occurs.
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Revocation — other
(4) The Minister may revoke an authorization if
Sustaining Canada’s
(a) the person requests in writing the Minister to do so; (b) the person fails to comply with this Act; or (c) the Minister considers that the authorization is no longer required. Notice of revocation
(5) If the Minister revokes an authorization under subsection (4), the Minister shall send a notice in writing of the revocation to the person and shall specify in the notice the fiscal month for which the revocation becomes effective.
Deemed reporting period on revocation
(6) If a revocation under subsection (4) becomes effective before the last day of a fiscal half-year of a person that is authorized under subsection (2), the period beginning on the first day of the fiscal half-year and ending immediately before the first day of the fiscal month for which the revocation becomes effective is deemed to be a reporting period of the person.
2003, c. 15, s. 130
130. Subsections 79(1) to (3) of the Act are replaced by the following:
Returns and payments
79. (1) Every person who is required to pay tax under Part III and every person who holds a licence granted under or in respect of that Part shall, not later than the last day of the first month after each reporting period of the person, (a) file a return with the Minister, in the prescribed form and manner, for that reporting period; (b) calculate, in the return, the total amount of the tax payable, if any, by the person for that reporting period, and (c) pay that amount to the Receiver General.
2004, c. 22, s. 48
131. Subparagraphs 82(2.2)(a)(i) and (ii) of the Act are replaced by the following: (i) if a notice of assessment in respect of the tax debt is sent to or served on the person after March 3, 2004, on the day that is 90 days after the day on which the notice is sent or served,
Soutien de la reprise é (ii) if no notice referred to in subparagraph (i) in respect of the tax debt was sent or served and the earliest day on which the Minister can commence an action to collect that tax debt is after March 3, 2004, on that earliest day, and
2006, c. 4, s. 135(1)
132. Section 95.1 of the Act before paragraph (b) is replaced by the following:
Failure to file a return when required
95.1 Every person who fails to file a return for a reporting period as and when required under subsection 79(1) shall pay a penalty equal to the sum of (a) an amount equal to 1% of the total of all amounts each of which is an amount that is required to be paid for the reporting period and was not paid on the day on which the return was required to be filed, and
R.S., c. 7 (2nd Supp.), s. 50(1); 1999, c. 17, par. 155(c)
133. Subsection 104(1) of the Act is replaced by the following:
Service
104. (1) Except as otherwise provided in this Act, if a notice or other document is to be served on a person, other than the Minister or the Commissioner or the Tribunal, the notice or document shall be sent by registered or certified mail addressed to that person at their latest known address or be served personally on that person.
R.S., c. 7 (2nd Supp.), s. 50(1)
134. (1) Subsection 106.1(2) of the Act is replaced by the following:
Mailing or sending date
(2) For the purposes of this Act, a notice referred to in subsection 72(6), 81.13(1), 81.15(5) or 81.17(5) that is sent to a person is, in the absence of any evidence to the contrary, deemed to have been sent on the day appearing from the notice to be the date thereof, unless called into question by the Minister or by some person acting for him or Her Majesty. (2) Section 106.1 of the Act is amended by adding the following after subsection (3):
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Date electronic notice sent
(3.1) For the purposes of this Act, if a notice or other communication in respect of a person is made available in electronic format such that it can be read or perceived by a person or a computer system or other similar device, the notice or other communication is deemed to be sent to the person and received by the person on the date that an electronic message is sent, to the electronic address most recently provided before that date by the person to the Minister for the purposes of this subsection, informing the person that a notice or other communication requiring the person’s immediate attention is available in the person’s secure electronic account. A notice or other communication is considered to be made available if it is posted by the Minister in the person’s secure electronic account and the person has authorized that notices or other communications may be made available in this manner and has not before that date revoked that authorization in a manner specified by the Minister.
Sustaining Canada’s
135. (1) The Act is amended by adding the following after section 224: No action for collection of tax
224.1 No person, other than Her Majesty in right of Canada, may bring an action or proceeding against any person for acting in compliance or intended compliance with this Part by collecting an amount as or on account of tax. (2) Subsection (1) applies to any action or proceeding that has not, on or before July 13, 2010, been finally determined by the tribunals or courts of competent jurisdiction.
1990, c. 45, s. 12(1)
136. Subsection 274(6) of the Act is replaced by the following:
Request for adjustments
(6) If, with respect to a transaction, a notice of assessment, reassessment or additional assessment involving the application of subsection (2) with respect to the transaction has been sent to a person, any person (other than a person to whom such a notice has been sent) is entitled, within 180 days after the day of sending of the notice, to request in writing that the Minister make an assessment, a reassessment or an additional assessment, applying subsection (2) with respect to that transaction.
Soutien de la reprise é
2006, c. 4, s. 32(1)
137. Subsection 274.2(4) of the Act is replaced by the following:
Request for adjustments
(4) If, with respect to a transaction, a notice of assessment, reassessment or additional assessment involving the application of subsection (2) with respect to the transaction has been sent to a person, any person (other than a person to whom such a notice has been sent) is entitled, within 180 days after the day on which the notice was sent, to request in writing that the Minister make an assessment, a reassessment or an additional assessment, applying subsection (2) with respect to that transaction.
2004, c. 22, s. 49
138. Subparagraphs 313(2.2)(a)(i) and (ii) of the Act are replaced by the following: (i) if a notice of assessment, or a notice referred to in subsection 322(1), in respect of the tax debt, is sent to or served on the person after March 3, 2004, on the last day on which one of those notices is sent or served, (ii) if no notice referred to in subparagraph (i) in respect of the tax debt was sent or served and the earliest day on which the Minister can commence an action to collect that tax debt is after March 3, 2004, on that earliest day, and
1990, c. 45, s. 12(1)
139. Subsection 315(2) of the English version of the Act is replaced by the following:
Payment of remainder
(2) If the Minister sends a notice of assessment to a person, any amount assessed then remaining unpaid is payable forthwith by the person to the Receiver General.
1990, c. 45, s. 12(1)
140. Subsections 335(10) and (11) of the Act are replaced by the following:
Mailing or sending date
(10) If any notice or demand that the Minister is required or authorized under this Part to send to a person is mailed, or sent electronically, to the person, the day of mailing or sending, as the case may be, shall be presumed to be the date of the notice or demand.
Date electronic notice sent
(10.1) For the purposes of this Part, if a notice or other communication in respect of a person is made available in electronic format such that it can be read or perceived by a person
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or a computer system or other similar device, the notice or other communication is presumed to be sent to the person and received by the person on the date that an electronic message is sent, to the electronic address most recently provided before that date by the person to the Minister for the purposes of this subsection, informing the person that a notice or other communication requiring the person’s immediate attention is available in the person’s secure electronic account. A notice or other communication is considered to be made available if it is posted by the Minister in the person’s secure electronic account and the person has authorized that notices or other communications may be made available in this manner and has not before that date revoked that authorization in a manner specified by the Minister. Date assessment made
C.R.C., c. 566
(11) If a notice of assessment has been sent by the Minister as required under this Part, the assessment is deemed to have been made on the day of sending of the notice of assessment. BREWERY DEPARTMENTAL REGULATIONS 141. Section 7 of the Brewery Departmental Regulations is replaced by the following: 7. (1) The return required by section 175 of the Act shall be made (a) in the case of a licensed brewer authorized by the Minister to make returns for sixmonth periods under subsection 36.1(2) of the Act, for each six-month period; or (b) in any other case, for each month. (2) The return shall set out the following particulars: (a) the quantity of beer produced; (b) the quantity of beer exported; (c) the quantity of beer on which excise duty was paid that has been destroyed or returned to process stock; and (d) the amount of excise duty paid on beer.
2010 C.R.C., c. 565
Soutien de la reprise é BREWERY REGULATIONS 142. Section 5 of the Brewery Regulations is replaced by the following: 5. (1) Subject to subsection (2), the duty imposed under the Act in respect of beer produced during a particular month shall be paid not later than the last day of the month following the particular month. (2) If a licensed brewer is authorized by the Minister to make returns for six-month periods under subsection 36.1(2) of the Act, the duty imposed under the Act in respect of beer produced during a six-month period shall be paid not later than the last day of the month following the period.
SOR/2010-117
NEW HARMONIZED VALUE-ADDED TAX SYSTEM REGULATIONS 143. Subsection 37(4) of the New Harmonized Value-added Tax System Regulations is replaced by the following:
Request for adjustments
(4) If, with respect to a transaction, a notice of assessment, reassessment or additional assessment involving the application of subsection (2) with respect to the transaction has been sent to a person, any person (other than a person to whom such a notice has been sent) is entitled, within 180 days after the day on which the notice was sent, to request in writing that the Minister make an assessment, a reassessment or an additional assessment, applying subsection (2) with respect to that transaction. PART 3 AMENDMENTS TO THE FEDERALPROVINCIAL FISCAL ARRANGEMENTS ACT IN RESPECT OF INCOME TAX
R.S., c. F-8
FEDERAL-PROVINCIAL FISCAL ARRANGEMENTS ACT 144. (1) The Federal-Provincial Fiscal Arrangements Act is amended by adding the following after section 12.01:
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TRANSFER PAYMENTS — TAX IN RESPECT OF STOCK OPTION BENEFIT DEFERRAL UNDER PART I.01 OF THE INCOME TAX ACT Transfer payments — Consolidated Revenue Fund
12.02 Subject to this Act, the Minister may pay to a province, out of the Consolidated Revenue Fund, at such time as the Minister may determine, an amount equal to 1/3 of the tax payable under subparagraph 180.01(2)(c)(ii) of the Income Tax Act for a taxation year by a taxpayer who is resident in the province on the last day of that taxation year.
Eligibility for payment
12.03 No payment may be made under this Part to a province if, in the opinion of the Minister, the province imposes or purports to impose a tax that is similar to the tax imposed under Part I.01 of the Income Tax Act. (2) Part IV.01 of the Act, as enacted by subsection (1), is deemed to have come into force on on March 4, 2010. 145. (1) The Act is amended by adding the following after section 12.3: PART IV.2 TRANSFER PAYMENTS — TAX ON PAYMENTS UNDER REGISTERED EDUCATION SAVINGS PLANS UNDER PART X.5 OF THE INCOME TAX ACT
Transfer payments — Consolidated Revenue Fund
12.4 Subject to this Act, the Minister may pay to a province, out of the Consolidated Revenue Fund, at such time as the Minister may determine, an amount equal to 40% of the tax payable under Part X.5 of the Income Tax Act for a taxation year by a person who is resident in the province on the last day of that taxation year.
Eligibility for payment
12.5 No payment may be made under this Part to a province if, in the opinion of the Minister, the province imposes or purports to impose a tax that is similar to the tax imposed under Part X.5 of the Income Tax Act.
Soutien de la reprise é (2) Part IV.2 of the Act, as enacted by subsection (1), applies in respect of the 1998 and subsequent taxation years. PART 4 AMENDMENTS RELATING TO EXTERNAL COMPLAINTS BODIES
1991, c. 46
BANK ACT 146. Section 2 of the Bank Act is amended by adding the following in alphabetical order:
“external complaints body” « organisme externe de traitement des plaintes »
“external complaints body” means a body corporate approved under subsection 455.01(1) or designated under subsection 455.1(1).
147. The Act is amended by adding the following after section 455: Approval of external complaints body
455.01 (1) Subject to section 455.1, the Minister may, on the Commissioner’s recommendation and for the purposes of this section, approve a body corporate incorporated under Part II of the Canada Corporations Act or under the Canada Business Corporations Act whose purpose, in the Minister’s view, under its letters patent is dealing with complaints, made by persons having requested or received products or services from its member financial institutions, that have not been resolved to the satisfaction of those persons under procedures established by those financial institutions under paragraph 455(1)(a).
Obligation to be member
(2) A bank must be a member of one body corporate that is approved under subsection (1).
Regulations
(3) The Governor in Council may make regulations respecting the requirements for the approval of a body corporate under subsection (1) and the requirements for a body corporate approved under that subsection for maintaining that approval.
Not an agent
(4) A body corporate approved under subsection (1) is not an agent of Her Majesty.
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Approval to be published
(5) An approval given under subsection (1) must be published in the Canada Gazette.
Information, etc.
(6) A body corporate that is seeking an approval under subsection (1) must apply to the Commissioner, and the application must provide, in the form and manner required by the Commissioner, any information, material and evidence that he or she may require.
Sustaining Canada’s
148. (1) Section 455.1 of the Act is amended by adding the following after subsection (1): Effect of designation
(1.1) If the Minister makes a designation under subsection (1), any approval given under subsection 455.01(1) is revoked.
Effect of revocation
(1.2) If the Minister makes a designation under subsection (1), the body corporate designated under that subsection must deal with any complaint that was made to a body corporate approved under subsection 455.01(1) and that has not been resolved. (2) Section 455.1 of the Act is amended by adding the following after subsection (3):
Regulations
(3.1) The Governor in Council may make regulations respecting the requirements to be met by the body corporate designated under subsection (1).
2001, c. 9, s. 125
149. Paragraph 459.5(b) of the Act is replaced by the following: (b) the persons who request or receive the product or service have access to complaint handling by an external complaints body.
2001, c. 9, s. 156
150. Section 573.1 of the Act is replaced by the following:
Obligation to be member
573.1 An authorized foreign bank must be a member of one external complaints body.
2001, c. 9, s. 183
151. Section 657 of the Act and the headings before it are replaced by the following:
Soutien de la reprise é PART XIV REGULATION OF BANKS AND EXTERNAL COMPLAINTS BODIES — COMMISSIONER
Required information
657. A bank, authorized foreign bank or external complaints body must provide the Commissioner with the information at the times and in the form that he or she may require for the purposes of the administration of the Financial Consumer Agency of Canada Act and the consumer provisions.
2001, c. 9, s. 183
152. Subsection 658(1) of the Act is replaced by the following:
Confidential information
658. (1) Subject to subsection (2), information regarding the business or affairs of a bank, authorized foreign bank or external complaints body or regarding persons dealing with any of them that is obtained by the Commissioner or by any person acting under the Commissioner’s direction, in the course of the exercise or performance of powers, duties and functions referred to in subsection 5(1) of the Financial Consumer Agency of Canada Act, and any information prepared from that information, is confidential and shall be treated accordingly.
2001, c. 9, s. 183
153. (1) Subsection 659(1) of the French version of the Act is replaced by the following:
Examen
659. (1) Afin de s’assurer que la banque, la banque étrangère autorisée ou l’organisme externe de traitement des plaintes se conforme aux dispositions visant les consommateurs applicables, le commissaire, à l’occasion, mais au moins une fois par an, procède ou fait procéder à un examen et à une enquête dont il fait rapport au ministre.
2001, c. 9, s. 183
(2) Paragraph 659(2)(a) of the Act is replaced by the following: (a) has a right of access to any records, including electronic records, of a bank, authorized foreign bank or external complaints body; and
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2001, c. 9, s. 183
(3) Paragraph 659(2)(b) of the English version of the Act is replaced by the following:
Sustaining Canada’s
(b) may require the directors or officers of a bank, authorized foreign bank or external complaints body to provide information and explanations, to the extent that they are reasonably able to do so, in respect of any matter subject to examination or inquiry under subsection (1). 2001, c. 9, s. 183
154. Section 661 of the Act is replaced by the following:
Compliance agreement
661. The Commissioner may enter into an agreement, called a “compliance agreement”, with a bank, authorized foreign bank or external complaints body for the purposes of implementing any measure that is designed so as to further compliance by it with the consumer provisions.
2001, c. 9, s. 183
155. Section 974 of the Act is replaced by the following:
Not statutory instruments
974. An instrument issued or made under this Act and directed to a single bank, bank holding company, authorized foreign bank or person, other than a regulation made under subsection 455.01(3) or 455.1(3.1) or an order referred to in section 499, is not a statutory instrument for the purposes of the Statutory Instruments Act.
2001, c. 9
FINANCIAL CONSUMER AGENCY OF CANADA ACT 156. Section 2 of the Financial Consumer Agency of Canada Act is amended by adding the following in alphabetical order:
“external complaints body” « organisme externe de traitement des plaintes » 2010, c. 12, s. 1851(1)
“external complaints body” has the same meaning as in section 2 of the Bank Act.
157. (1) Paragraphs 3(2)(a) and (b) of the Act are replaced by the following:
Soutien de la reprise é (a) supervise financial institutions and external complaints bodies to determine whether the institution or body is in compliance with (i) the consumer provisions applicable to them, and (ii) the terms and conditions or undertakings with respect to the protection of customers of financial institutions that the Minister imposes or requires, as the case may be, under an Act listed in Schedule 1 and the directions that the Minister imposes under this Act; (b) promote the adoption by financial institutions and external complaints bodies of policies and procedures designed to implement the provisions, terms and conditions, undertakings or directions referred to in paragraph (a); (b.1) promote the adoption by financial institutions of policies and procedures designed to implement (i) voluntary codes of conduct that are designed to protect the interests of their customers, that are adopted by financial institutions and that are publicly available, and (ii) any public commitments made by them that are designed to protect the interests of their customers;
2010, c. 12, s. 1851(2)
(2) Paragraph 3(2)(d) of the Act is replaced by the following: (d) promote consumer awareness about the obligations of financial institutions and of external complaints bodies under consumer provisions applicable to them and about all matters connected with the protection of consumers of financial products and services; and 158. Section 14 of the Act is replaced by the following:
Ownership
14. No Commissioner, person appointed under subsection 4(4) or Deputy Commissioner shall beneficially own, directly or indirectly, any shares of any financial institution, bank holding company, insurance holding company, external
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complaints body or of any other body corporate, however created, carrying on any business in Canada that is substantially similar to any business carried on by any financial institution or external complaints body.
159. Subsection 16(1) of the Act is replaced by the following: No grant or gratuity to be made
16. (1) The Commissioner, a person appointed under subsection 4(4), a Deputy Commissioner and any person appointed under section 10 shall not accept or receive, directly or indirectly, any grant or gratuity from a financial institution, bank holding company, insurance holding company, external complaints body, or from a director, officer or employee of any of them, and no such financial institution, bank holding company, insurance holding company, external complaints body, director, officer or employee shall make or give any such grant or gratuity.
2010, c. 12, s. 1854
160. Subsection 17(1) of the Act is replaced by the following:
Confidential information
17. (1) Subject to subsection (2) and except as otherwise provided in this Act, information regarding the business or affairs of a financial institution or external complaints body or regarding persons dealing with one that is obtained by the Commissioner or by any person acting under the Commissioner’s direction, in the course of the exercise or performance of powers, duties and functions referred to in subsections 5(1) and (2) and 5.1(2), and any information prepared from that information, is confidential and shall be treated accordingly.
2010, c. 12, s. 1842(1)
161. (1) Subsection 18(1) of the Act is replaced by the following:
Commissioner to ascertain expenses
18. (1) The Commissioner shall, before December 31 in each year, ascertain the total amount of expenses incurred during the immediately preceding fiscal year for or in connection with the administration of this Act and the consumer provisions — excluding the expenses incurred in connection with the objects described in subsection 3(3) — and the amounts
Soutien de la reprise é of any prescribed categories of those expenses in relation to any prescribed group of financial institutions and external complaints bodies.
2010, c. 12, s. 1855
(2) Subsection 18(3) of the Act is replaced by the following:
Assessment
(3) As soon as possible after ascertaining the amounts under subsections (1) and (1.1), the Commissioner shall assess a portion of the total amount of expenses against each financial institution and external complaints body to the extent and in the manner that the Governor in Council may, by regulation, prescribe. (3) Subsections 18(4) and (5) of the Act are replaced by the following:
Interim assessment
(4) The Commissioner may, during each fiscal year, prepare an interim assessment against any financial institution or external complaints body.
Assessment is binding
(5) Every assessment and interim assessment is final and conclusive and binding on the financial institution or external complaints body against which it is made.
2010, c. 12, s. 1848
162. The portion of section 34 of the Act before paragraph (b) is replaced by the following:
Annual report
34. The Minister shall cause to be laid before each House of Parliament, not later than the fifth sitting day of that House after September 30 next after the end of each fiscal year, a report showing the Agency’s operations for that year and describing (a) in aggregate form, its conclusions on the compliance, in that year, of financial institutions and external complaints bodies with the consumer provisions applicable to them; and
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2009, c. 23
163. On the first day on which both section 306 of the Canada Not-for-profit Corporations Act and section 146 of this Act are in force, subsection 455.01(1) of the Bank Act is replaced by the following:
Approval of external complaints body
455.01 (1) Subject to section 455.1, the Minister may, on the Commissioner’s recommendation and for the purposes of this section, approve a body corporate incorporated under the Canada Not-for-profit Corporations Act or under the Canada Business Corporations Act whose purpose, in the Minister’s view, under its letters patent is dealing with complaints, made by persons having requested or received products or services from its member financial institutions, that have not been resolved to the satisfaction of those persons under procedures established by those financial institutions under paragraph 455(1)(a).
2010, c. 12
164. (1) In this section, “other Act” means the Jobs and Economic Growth Act. (2) If section 2116 of the other Act comes into force before section 158 of this Act, then that section 158 is replaced by the following: 158. Subsection 14(1) of the Act is replaced by the following:
Ownership
14. (1) No Commissioner, person appointed under subsection 4(4) or Deputy Commissioner shall beneficially own, directly or indirectly, any shares of any financial institution, bank holding company, insurance holding company, external complaints body or of any other body corporate, however created, carrying on any business in Canada that is substantially similar to any business carried on by any financial institution or external complaints body.
(3) If section 2116 of the other Act and section 158 of this Act come into force on the same day, then that section 158 is deemed to have come into force before that section 2116.
Soutien de la reprise é COMING INTO FORCE
Order in council
165. This Part, other than sections 163 and 164, comes into force on a day to be fixed by order of the Governor in Council. PART 5
2007, c. 35, s. 136
CANADA DISABILITY SAVINGS ACT AMENDMENTS TO THE ACT
2010, c. 12, s. 26(3)
166. Paragraph 2(2)(b) of the Canada Disability Savings Act is replaced by the following: (b) the expressions “contribution”, “designated provincial program”, “DTC-eligible individual”, “holder”, “issuer” and “registered disability savings plan” have the same meanings as in section 146.4 of that Act; and 167. (1) Section 6 of the Act is amended by adding the following after subsection (2):
Deemed year of contribution
(2.1) For the purposes of subsection (2), a contribution allocated to a year under subsection (2.2) is deemed to have been made in that year.
Allocation of contribution
(2.2) The Minister may allocate a contribution made to the beneficiary’s registered disability savings plan in a year after 2010, in parts — to the year in which it is actually made and to each of the previous 10 years that is after 2007 — in the following order: (a) up to $500 to each year in which the beneficiary is one referred to in paragraph (2)(a), beginning with the earliest year, less any contributions allocated to the year in question; (b) up to $1500 to each year in which the beneficiary is one referred to in paragraph (2)(a), beginning with the earliest year, less any contributions allocated to the year in question including those so allocated under paragraph (a); and
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(c) up to $1000 to each year in which the beneficiary is not one referred to in paragraph (2)(a), beginning with the earliest year, less any contributions allocated to the year in question. Residency and DTC-eligibility
(2.3) No contribution made to the plan in a year may be allocated to a previous year unless, during that previous year, the beneficiary was resident in Canada and a DTC-eligible individual.
Limit
(2.4) The Minister may allocate only the portion of contributions made to the plan in a year in respect of which, in accordance with subsection (2), a Canada Disability Savings Grant of up to $10,500 may be paid into the plan in that year.
Contributions made before 2011
(2.5) For the purposes of determining the contributions allocated to the year in question under any of paragraphs (2.2)(a) to (c), contributions made to the plan in 2008, 2009 or 2010 are considered to have been allocated to the year in which they were actually made. (2) Section 6 of the Act is amended by adding the following after subsection (7):
Annual cap
(8) Not more than $10,500 in Canada Disability Savings Grants may be paid in respect of a beneficiary in a year.
Annual statement to plan holders
(9) Once a year, the Minister shall cause each holder of a registered disability savings plan to be provided with a statement that sets out the amount of Canada Disability Savings Grants that may be paid for particular years on the basis of future contributions. 168. Subsection 7(1) of the Act is replaced by the following:
Canada Disability Savings Bonds
7. (1) Subject to this Act and the regulations, on application, the Minister may pay a Canada Disability Savings Bond into a registered disability savings plan of a beneficiary (a) for each year after the year in which the plan is entered into; and
Soutien de la reprise é (b) for the year in which the plan is entered into and for each of the previous 10 years (i) that is after 2007, (ii) during which the beneficiary was resident in Canada, and (iii) for which a Canada Disability Savings Bond has not previously been paid.
Terms and conditions
(1.1) A Canada Disability Savings Bond is to be paid on any terms and conditions that the Minister may specify by agreement between the Minister and the issuer of the plan. TRANSITIONAL PROVISIONS
Canada Disability Savings Grant for 2008
169. For the purposes of calculating the amount of a Canada Disability Savings Grant that may be paid for 2008 under section 6 of the Canada Disability Savings Act, subparagraphs 6(2)(a)(i) and (ii) and subsection 6(6) of that Act are to be read as they did on December 31, 2008.
Canada Disability Savings Bond for 2008
170. For the purposes of calculating the amount of a Canada Disability Savings Bond that may be paid for 2008 under section 7 of the Canada Disability Savings Act, subparagraphs 7(2)(a)(i) and (ii) and (b)(i) and (ii), the descriptions of B and C in subsection 7(4) and subsection 7(8) of that Act are to be read as they did on December 31, 2008. COMING INTO FORCE
January 1, 2011
171. This Part comes into force, or is deemed to have come into force, on January 1, 2011. PART 6
R.S. c. 1 (2nd Supp.)
CUSTOMS ACT 172. Section 11.1 of the Customs Act is amended by adding the following after subsection (3):
122 User Fees Act
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(4) The User Fees Act does not apply to a fee for an authorization issued under this section if it is a reciprocal fee under an international arrangement. PART 7
R.S., c. F-8; 1995, c.17, s. 45(1)
FEDERAL-PROVINCIAL FISCAL ARRANGEMENTS ACT
R.S., c. 11 (3rd Supp.), ss. 5(1), (4) and (6)(F); 1995, c. 17, ss. 47(1) and (2); 1999, c. 11, s. 3(3), c. 31, s. 235; 2005, c. 7, ss. 2(1) to (6)
173. (1) Subsections 6(1) to (6) of the Federal-Provincial Fiscal Arrangements Act are replaced by the following:
Computation of payments
6. (1) Subject to subsections (8) to (10), the fiscal stabilization payment that may be paid to a province for a fiscal year is the amount determined by the formula (0.95 × A) – B + (C × D) – (E × F) where A is the non-natural resource revenue of the province for the preceding fiscal year; B is the non-natural resource revenue of the province for the fiscal year; C is equal to (a) 95%, if the natural resource revenue of the province for the fiscal year is greater than the natural resource revenue of the province for the preceding fiscal year, (b) 50%, if the natural resource revenue of the province for the fiscal year is less than one half of the natural resource revenue of the province for the preceding fiscal year, or (c) zero, in any other case; D is the natural resource revenue of the province for the preceding fiscal year; E is equal to
Soutien de la reprise é (a) one, if the natural resource revenue of the province for the fiscal year is either greater than the natural resource revenue of the province for the preceding fiscal year or less than one half of the natural resource revenue of the province for the preceding fiscal year, or (b) zero, in any other case; and F is the natural resource revenue of the province for the fiscal year.
Adjustment
(2) For the purposes of determining the amount under subsection (1), the Minister may adjust, in the prescribed manner, the natural resource revenue and the non-natural resource revenue of a province for the fiscal year to offset the amount, as determined by the Minister, of any change in either of those revenues for the fiscal year resulting from changes made by the province in the rates or structure of provincial taxes or of other means of raising the revenue of the province from the rates or structures in effect in the preceding fiscal year.
Interpretation
(2.1) If a province has entered into a tax collection agreement respecting personal income tax or corporation income tax, a change to the Income Tax Act affecting the province’s Common Tax Base as defined in Chapter 2 or 3, as the case may be, of the tax collection agreement is deemed to be a change in the rates or in the structures of provincial taxes for the purposes of subsection (2).
Natural resource revenue
(3) For the purposes of determining the amount under subsection (1), the natural resource revenue of a province for a fiscal year is the aggregate of the total revenue, as determined by the Minister, derived by the province for the fiscal year from the revenue sources described in paragraphs (l) to (w) of the definition “revenue source” in subsection 3.9(1) and from the revenue sources described in paragraph (z.5) of that definition that relate to natural resources.
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Non-natural resource revenue
(4) For the purposes of determining the amount under subsection (1), the non-natural resource revenue of a province for a fiscal year is equal to
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(a) the aggregate of (i) the total revenue, as determined by the Minister, derived by the province for the fiscal year from the revenue sources described in paragraphs (a) to (k), (x), (y) and (z.1) to (z.3) of the definition “revenue source” in subsection 3.9(1), (ii) the total revenue, as determined by the Minister, derived by the province for the fiscal year from the revenue sources described in paragraph (z.5) of that definition that do not relate to natural resources, (iii) the fiscal equalization payment made to the province for the fiscal year under Part I, and (iv) the additional cash payment made to the province for the fiscal year under section 24.703, minus (b) despite subsection (5), the aggregate of (i) the total equalized tax transfer applicable to the province as if, for that fiscal year, the transfer were determined in the manner described in subsection 24.7(1.22), and (ii) the value of the additional tax abatement units as determined in accordance with subsection 27(2).
Non-natural resource revenue
(5) For the purposes of determining the nonnatural resource revenue of a province for a fiscal year, (a) subsection 3.9(2) applies, with any modifications that the circumstances require, in determining the revenue derived by the province for the fiscal year from personal income taxes, described in paragraph (a) of the definition “revenue source” in subsection 3.9(1), except that no deduction may be made in respect of the tax abatement units referred to in subsection 27(2);
Soutien de la reprise é (b) the province’s revenue for the fiscal year derived from personal income taxes, described in paragraph (a) of the definition “revenue source” in subsection 3.9(1), is deemed to be (i) the total amount, determined in the prescribed manner, of the provincial personal income taxes assessed or reassessed, not later than 24 months after the end of the fiscal year, in respect of the taxation year ending in the fiscal year, minus (ii) the total amount, determined in the prescribed manner, of the tax credits and rebates claimed by taxpayers in the province against provincial personal income taxes for that taxation year that have been deducted from those assessed or reassessed provincial personal income taxes; and (c) the province’s revenue for the fiscal year derived from that part of the revenue source described in paragraph (b) of the definition “revenue source” in subsection 3.9(1) that consists of corporation income taxes is deemed to be (i) the total amount, determined in the prescribed manner, of the provincial corporation income taxes assessed or reassessed, not later than 24 months after the end of the fiscal year, in respect of the taxation year of corporations ending in the calendar year that ends in the fiscal year, minus (ii) the total amount, determined in the prescribed manner, of the tax credits and rebates claimed by taxpayers in the province against provincial corporation income taxes for that taxation year that have been deducted from those assessed or reassessed provincial corporation income taxes.
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Fiscal year 2011–2012
(6) Despite subsection (4), for the purposes of determining the amount under subsection (1) for the fiscal year that begins on April 1, 2011, the payment under section 3.12 and the additional cash payment under section 24.703 are not included in the province’s non-natural resource revenue.
2005, c. 7, s. 2(7)
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(2) Subsection 6(11) of the Act is repealed. PART 8
R.S., c. 18, Part I (3rd Supp.)
OFFICE OF THE SUPERINTENDENT OF FINANCIAL INSTITUTIONS ACT AMENDMENTS TO THE ACT 174. The heading before section 23 of the Office of the Superintendent of Financial Institutions Act is replaced by the following: ASSESSMENT
1997, c. 15, s. 339
175. (1) Subsection 23(2) of the Act is replaced by the following:
Expenses — pension plans
(1.1) In every fiscal year, the Superintendent shall (a) estimate the total amount of expenses to be incurred by the Office during the following fiscal year for or in connection with the administration of the Pension Benefits Standards Act, 1985; and (b) ascertain the total amount of expenses incurred by the Office during the preceding fiscal year for or in connection with the administration of the Pension Benefits Standards Act, 1985.
Amount conclusive
(2) Any amount ascertained or estimated by the Superintendent under subsection (1) or (1.1), as the case may be, is final and conclusive for the purposes of this section. (2) Section 23 of the Act is amended by adding the following after subsection (4):
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Assessment — pension plans
(5) In every fiscal year, the Superintendent shall assess, in the prescribed manner, an amount against the administrator of a pension plan. The amount is to be determined as prescribed.
Determination of amount assessed
(6) The determination of the amount referred to in subsection (5) shall take into account the amounts referred to in subsection (1.1).
2001, c. 9, s. 476
176. The portion of subsection 24(1) of the Act before the definition “entity” is replaced by the following:
Definitions
24. (1) The following definitions apply in this section and in sections 25 to 37.2. 177. The Act is amended by adding the following after section 37: REMISSION AND WRITE-OFF
Remission
37.1 (1) The Superintendent may remit all or part of any assessment or interim assessment made under section 23 or 23.1 or any penalty imposed under this Act, including any interest on that assessment, interim assessment or penalty.
Conditions
(2) A remission may be conditional or unconditional.
Debt write-off
37.2 (1) The Superintendent may write off from the accounts of the Office all or part of any debt referred to in subsection 23.2(2) or 31(1) that has been determined to be uncollectible or for which further administrative expense or other costs of collecting the debt are not justifiable in relation to the amount of the debt or the probability of collection.
Effect of writeoff
(2) The writing-off of any debt does not affect any right of Her Majesty to collect or recover the debt.
Financial Administration Act
(3) The regulations made under subsection 25(1) of the Financial Administration Act do not apply to the writing off of a debt under this section. COMING INTO FORCE
Order in council
178. Sections 174 and 175 come into force on a day to be fixed by order of the Governor in Council.
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R.S., c. 32 (2nd Supp.)
PENSION BENEFITS STANDARDS ACT, 1985 AMENDMENTS TO THE ACT 179. (1) The definition “designated province” in subsection 2(1) of the Pension Benefits Standards Act, 1985 is replaced by the following:
“designated province” « province désignée »
“designated province” means a province prescribed as a province in which there is in force pension legislation applicable to private superannuation plans; (2) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:
“electronic document” « document électronique »
“information system” « système d’information »
“multilateral agreement” « accord multilatéral »
“negotiated contribution plan” « régime à cotisations négociées »
“electronic document” means any form of representation of information or of concepts fixed in any medium by electronic, optical or other similar means that can be read or perceived by a person or by any means; “information system” means a system used to generate, send, receive, store or otherwise process an electronic document; “multilateral agreement” means an agreement entered into under subsection 6.1(1); “negotiated contribution plan” means a multiemployer pension plan that includes at least one defined benefit provision and under which a participating employer’s contributions are limited to an amount determined in accordance with an agreement entered into by the participating employers or a collective agreement, statute or regulation, and which amount does not vary as a function of the prescribed tests and standards for solvency referred to in subsection 9(1); (3) Section 2 of the Act is amended by adding the following after subsection (4):
Negotiated contribution plan
(5) Even though a pension plan — established as a negotiated contribution plan — is no longer a negotiated contribution plan because it
Soutien de la reprise é has only one participating employer or more than 95% of its members are employed by participating employers who are incorporated and are affiliates within the meaning of the Canada Business Corporations Act, that pension plan is deemed to be a negotiated contribution plan for a period of one year after the day it is no longer a negotiated contribution plan, or for any longer period that may be specified by the Superintendent. 180. Subsection 5(2) of the Act is amended by striking out “and” at the end of paragraph (b), by adding “and’’ at the end of paragraph (c) and by adding the following after paragraph (c): (d) collect information from a pension supervisory authority of a designated province and disclose information to that authority for the purposes of implementing a multilateral agreement.
1998, c. 12, s. 4
181. Section 6 of the Act and the heading before it are replaced by the following: AGREEMENTS
Bilateral agreement
6. The Minister may, with the approval of the Governor in Council, enter into a bilateral agreement with a designated province to (a) authorize the pension supervisory authority of that province to exercise any of the Superintendent’s powers under this Act; and (b) authorize the Superintendent to exercise any powers of that pension supervisory authority.
Multilateral agreement
6.1 (1) The Minister may, with the approval of the Governor in Council, enter into an agreement with two or more designated provinces respecting any matter relating to pension plans that are subject to the pension legislation of at least one designated province that is a party to the agreement.
Content of agreement
(2) A multilateral agreement may, among other things,
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(a) limit the application of the pension legislation of a designated province that is a party to the agreement to a pension plan and adapt that legislation to that pension plan; (b) limit the application of this Act and the regulations to a pension plan and adapt them to that pension plan; (c) exempt a pension plan from the application of this Act and the regulations or the pension legislation of a designated province that is a party to the agreement; (d) provide for the administration and enforcement of this Act, the regulations and the pension legislation of a designated province that is a party to the agreement; (e) authorize a pension supervisory authority of a designated province that is a party to the agreement or the association referred to in section 6.4 to exercise any of the Superintendent’s powers under this Act; (f) authorize the Superintendent to exercise any powers of a pension supervisory authority of a designated province that is a party to the agreement or the association referred to in section 6.4; (g) establish requirements — in addition to any other requirements under this Act, the regulations and the pension legislation of a designated province that is a party to the agreement — with respect to a pension plan, administrator or employer; and (h) confer powers on the Superintendent. Tabling in Parliament
(3) The Minister must cause to be tabled in each House of Parliament every multilateral agreement.
Publication — Canada Gazette
(4) The Minister must cause to be published in the Canada Gazette (a) every multilateral agreement and a notice of the date on which the agreement comes into effect with respect to pension plans; (b) every amendment to a multilateral agreement and a notice of the date on which the amendment comes into effect with respect to pension plans; and
Soutien de la reprise é (c) a notice of the effective date of the Government of Canada’s withdrawal from the multilateral agreement or of the effective date of termination of that agreement, whichever comes first.
Publication — other
(5) In addition to the publishing requirements under subsection (4), the Minister must ensure that every multilateral agreement and every amendment to a multilateral agreement is accessible to the public through the Internet or by any other means that the Minister considers appropriate.
Force of law
6.2 (1) The provisions of a multilateral agreement, other than those exempted from the application of this subsection by regulation, have the force of law during the period that the agreement is in effect with respect to pension plans and are enforceable during that period as if those provisions formed part of this Act.
Inconsistency with agreement
(2) The provisions of a multilateral agreement that have the force of law prevail over any provision of this Act and the regulations to the extent of any inconsistency or conflict between them.
Review by Federal Court
6.3 (1) A decision of a pension supervisory authority of a designated province that is made under the authority of a multilateral agreement and that relates to the application of this Act or the regulations is deemed to be a decision of a federal board, commission or other tribunal, as defined in subsection 2(1) of the Federal Courts Act, and is subject to judicial review under that Act.
No review by Federal Court
(2) A decision of the Superintendent that is made under the authority of a multilateral agreement and that relates to the application of the pension legislation of a designated province is deemed to be a decision of the pension supervisory authority of that province and is not subject to judicial review under the Federal Courts Act.
Association of pension supervisory authorities
6.4 The Minister may, with the approval of the Governor in Council, enter into an agreement with a designated province respecting the establishment and operation in Canada of an association of pension supervisory authorities.
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1998, c. 12, s. 5
182. Subsection 7.4(3) of the Act is replaced by the following:
Coordinates
(3) The administrator of a pension plan shall, within 30 days after being constituted or becoming the administrator, inform the Superintendent, in the form and manner, if any, that the Superintendent directs, of
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(a) the administrator’s name and address; or (b) the names and addresses of the persons who together constitute the body that is the administrator. The administrator shall inform the Superintendent, in the form and manner, if any, that the Superintendent directs, of any change to that information within 30 days after the change. 183. Section 8 of the Act is amended by adding the following after subsection (4.1): Investment choices
(4.2) A pension plan may permit a member, former member, survivor or former spouse or former common law partner of a member or former member to make investment choices with respect to their account maintained in respect of a defined contribution provision or with respect to their account maintained for additional voluntary contributions.
Administrator’s duty
(4.3) If a pension plan permits a member, former member, survivor or former spouse or former common law partner of a member or former member to make investment choices, the administrator must offer investment options of varying degrees of risk and expected return that would allow a reasonable and prudent person to create a portfolio of investments that is well adapted to their retirement needs.
Deemed compliance with subsection (4.1)
(4.4) With respect to the account for which an investment choice is made by a member, former member, survivor or former spouse or former common law partner of a member or former member, if an administrator offers
Soutien de la reprise é investment options in accordance with subsection (4.3) and the regulations, that administrator is deemed to comply with subsection (4.1).
1998, c. 12, s. 9
184. Section 9.1 of the Act is replaced by the following:
Notification of remittance
9.1 (1) The administrator of a pension plan must notify in writing the trustee or custodian of the pension fund of all amounts that are to be remitted to the pension fund and the expected date of the remittance.
Effect of late remittance
(2) If a payment to a pension fund is not remitted within 30 days after the date referred to in subsection (1), (a) the administrator of the pension plan must immediately notify the Superintendent; and (b) a trustee or custodian of the pension fund must, if the administrator is the employer, immediately notify the Superintendent.
Content
(3) The Superintendent may direct the form and content of any notice referred to in subsection (2) as well as the manner of providing that notice.
1998, c. 12, s. 9; 2001, c. 34, s. 67(1)(F)
185. (1) Subsection 9.2(4) of the Act is replaced by the following:
Submission to arbitration
(4) Subject to subsection (5), if more than one half but fewer than two thirds of the persons in each of the categories referred to in subsection (3) consented to the proposal, the employer may, or if the whole of the pension plan is terminated shall, submit the proposal to arbitration. The employer shall notify the Superintendent, in the form and manner, if any, that the Superintendent directs, and the persons in those categories if the proposal is to be submitted to arbitration.
2010, c. 12, s. 1796
(2) The portion of subsection 9.2(5) of the Act after paragraph (b) is replaced by the following: The employer shall notify the Superintendent, in the form and manner, if any, that the Superintendent directs, and the persons in the categories referred to in subsection (3) that the claim is to be submitted to arbitration.
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1998, c. 12, s. 10
186. (1) The portion of subsection 10(1) of the Act before paragraph (a) is replaced by the following:
Duty of administrator to file documents
10. (1) The administrator of a pension plan shall file with the Superintendent, within 60 days after the plan is established and in the form and manner, if any, that the Superintendent directs,
1998, c. 12, s. 10
(2) Paragraph 10(1)(c) of the Act is replaced by the following:
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(c) a declaration signed by the administrator that the plan complies with this Act and the regulations. 1998, c. 12, s. 10
187. Subsection 10.1(1) of the Act is replaced by the following:
Filing of amendments
10.1 (1) The administrator of a pension plan must file with the Superintendent, within 60 days after an amendment is made to any document referred to in subsection 10(1), in the form and manner, if any, that the Superintendent directs, a copy of the amendment and a declaration, signed by the administrator that the plan as amended complies with this Act and the regulations.
2010, c. 12, s. 1798
188. Section 10.11 of the Act is replaced by the following:
Negotiated contribution plans
10.11 The administrator of a negotiated contribution plan may, subject to section 10.1 and despite the terms of the pension plan, make an amendment to any document referred to in paragraph 10(1)(a) or (b) that has the effect of reducing pension benefits or pension benefit credits. 189. The Act is amended by adding the following after section 10.2:
Designated entity
10.3 (1) The Minister may, with the approval of the Governor in Council, designate an entity, as defined in section 2 of the Bank Act, for the purposes, among others, of receiving and holding the pension benefit credit of any person who cannot be located, as well as the assets of a pension plan relating to that credit, and of disbursing that credit in a lump sum.
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Transfer
(2) The administrator of a pension plan may transfer to the designated entity the pension benefit credit of any person who cannot be located, as well as the assets of a pension plan relating to that credit.
If transfer impairs solvency
(3) However, the administrator of a pension plan must obtain the consent of the Superintendent to transfer pension benefit credits and assets to the designated entity if, in the Superintendent’s opinion, the transfer would impair the solvency of the pension fund.
Transfer to Her Majesty
(4) A designated entity that holds, for the prescribed period of time, the assets relating to the pension benefit credit of a person who cannot be located, must transfer those assets to Her Majesty in right of Canada.
Limitation period or prescription
(5) Upon transfer of assets to Her Majesty in right of Canada, a claim to the pension benefit credit associated with those assets can no longer be made. SEPARATE PENSION PLAN
Establishment of separate pension plan
10.4 (1) The Superintendent may direct the administrator of a pension plan that is subject to the pension legislation of more than one jurisdiction to (a) establish a separate pension plan for members employed in included employment, former members who were employed in included employment and any survivors of those members or former members; and (b) transfer assets and liabilities relating to the members and former members of the separate pension plan, as well as to any survivors of those members or former members, from the original pension plan to the separate pension plan.
Comparable plan
(2) A separate pension plan must be comparable, in the opinion of the Superintendent, to the original pension plan.
2010, c. 12, s. 1801(1)
190. (1) Subsection 12(1) of the Act is replaced by the following:
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Annual reporting requirements
12. (1) The administrator of a pension plan shall file with the Superintendent — annually or at any other intervals or times that the Superintendent directs — an information return relating to that pension plan, containing the prescribed information.
2010, c. 12, s. 1801(2)(F)
(2) Subsection 12(4) of the Act is replaced by the following:
Form and manner of filings and time limit
(4) Every document required to be filed under this section shall be filed in the form and manner, if any, that the Superintendent directs, and unless otherwise directed by the Superintendent, within six months after the end of the plan year to which the document relates.
2000, c. 12, s. 256; 2001, c. 34, s. 69(3)(F)
191. Paragraph 18(2)(c) of the Act is replaced by the following:
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(c) that, if the pension benefit credit is less than 20% of the Year’s Maximum Pensionable Earnings for the calendar year in which a member ceases to be a member of the plan or dies, or any other percentage that may be prescribed, the pension benefit credit may be paid to the member or survivor, as the case may be. 192. (1) Section 26 of the Act is amended by adding the following after subsection (2): Consent
(2.1) The transfer of pension benefit credit, referred to in paragraph (2)(b), may be made by a member only if the member’s spouse or common-law partner notifies the administrator, in the prescribed form, of their consent to the transfer.
2000, c. 12, par. 264(d)
(2) Paragraph 26(3)(a) of the Act is repealed. 193. Subparagraph 28(1)(a)(i) of the Act is replaced by the following: (i) a written explanation of the provisions of the plan and of any applicable amendments to the plan, within 60 days after the establishment of the plan or after the making of the amendment, as the case may be, and
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1998, c. 12, s. 18(1)(E)
194. (1) Subsection 29(4) of the Act is replaced by the following:
Adoption of new plan
(4) If employer contributions to a negotiated contribution plan are suspended or cease as a result of the adoption of a new defined benefit plan, the original plan is deemed not to have been terminated, and the pension benefits and other benefits provided under the original plan are deemed to be benefits provided under the new plan in respect of any period of membership before the adoption of the new plan, whether or not the assets and liabilities of the original plan have been consolidated with those of the new plan.
2010, c. 12, s. 1816(3)
(2) Subsection 29(4.2) of the Act is replaced by the following:
Termination by administrator or employer
(4.2) Subject to subsections (1), (2) and (2.1), the whole of a pension plan is terminated only if the administrator or employer notifies the Superintendent, in writing or in the form and manner, if any, that the Superintendent directs, of their decision to terminate the pension plan and the date of the termination.
2010, c. 12, s. 1816(3)
(3) Subsection 29(5) of the Act is replaced by the following:
Notice of voluntary termination or winding-up
(5) An administrator or employer who terminates or winds up a pension plan shall notify the Superintendent, in writing or in the form and manner, if any, that the Superintendent directs, not less than 60 and not more than 180 days before the date of the termination or windingup. (4) Subsection 29(9) of the Act is replaced by the following:
Report to Superintendent
(9) On the termination of a pension plan or part of a plan, the administrator of the plan shall file with the Superintendent, in the form and manner, if any, that the Superintendent directs, a report, prepared by a person having the prescribed qualifications, setting out the nature of the pension benefits and other benefits to be provided under the plan and a description of the methods of allocating and distributing those
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benefits and deciding the priorities in respect of the payment of full or partial benefits to the members. 195. The Act is amended by adding the following after section 31: ELECTRONIC COMMUNICATIONS Consent and other conditions
31.1 (1) Any requirement under this Act to provide a person with information, including information in a document, may be satisfied by the provision of an electronic document if (a) the addressee has consented and has designated an information system for the receipt of the electronic document; (b) the electronic document is provided to the designated information system; and (c) the information in the electronic document is accessible by the addressee and capable of being retained by the addressee, so as to be usable for subsequent reference.
Revocation of consent Non-application
(2) An addressee may revoke the consent referred to in paragraph (1)(a). (3) Subsections (1) and (2) do not apply (a) to any requirement under this Act to provide the Minister or the Superintendent with information; (b) to any requirement under this Act, imposed on the Minister or the Superintendent, to provide a person with information; or (c) to any requirement under this Act exempted, by regulation, from the application of those subsections.
Communications by Minister or Superintendent
(4) For greater certainty, the Minister and the Superintendent may use electronic means to communicate information, including information in a document, under this Act.
Signatures
31.2 A requirement under this Act for a signature is satisfied in relation to an electronic document if the prescribed requirements, if any, are met and if the signature results from the use by a person of a technology or a process that permits the following to be proven:
Soutien de la reprise é (a) the signature resulting from the use by the person of the technology or process is unique to them; (b) the technology or process is used by the person to incorporate, attach or associate their signature to the electronic document; and (c) the technology or process can be used to identify its user.
2001, c. 34, s. 76
196. (1) Paragraph 39(c) of the Act is replaced by the following: (b.1) respecting the implementation of a multilateral agreement; (b.2) exempting a multilateral agreement or any provision of that agreement from the application of subsection 6.2(1); (b.3) respecting transitional matters in the event that the Government of Canada ceases to be a party to a multilateral agreement; (c) prescribing the conditions under which, on the cessation of a member’s membership in a pension plan or on the termination or winding-up of a pension plan, pension benefit credits may be held in trust by the administrator of the plan, or transferred to the administrator of another pension plan or to a registered retirement savings plan of the prescribed kind; (c.1) respecting the transfer of pension benefit credit of any person who cannot be located, as well as the assets relating to that credit to the entity designated under section 10.3, including the circumstances and conditions under which that credit and those assets may be transferred to that entity; (c.2) respecting the entity designated under section 10.3; (c.3) respecting the holding of pension benefit credit of any person who cannot be located, as well as the assets relating to that credit by the entity designated under section 10.3, the making of claims for that credit and the disbursement of that credit;
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(c.4) respecting the transfer to Her Majesty in right of Canada of assets held by the entity designated under section 10.3; (2) Section 39 of the Act is amended by adding the following after paragraph (i.1): (i.2) respecting the establishment of a separate pension plan under section 10.4, the determination of assets to be transferred to that plan and the transfer of assets and liabilities to that plan; (3) Section 39 of the Act is amended by adding the following before paragraph (o): (n.2) respecting the process by which investment options are offered by an administrator and choices among those options are made; (n.3) respecting investment options offered by an administrator; (n.4) prescribing any measure necessary for the purposes of sections 31.1 and 31.2, including the time when and circumstances under which an electronic document is to be considered to have been provided or received and the place where it is considered to have been provided or received; (n.5) setting out the requirements under this Act to which subsections 31.1(1) and (2) do not apply; (n.6) authorizing the Superintendent to specify the form of any information — including information in a document — required to be provided to him or her under the regulations, as well as the manner of providing that information; (n.7) respecting the composition of a board of trustees or other similar body referred to in paragraph 7(1)(a); TRANSITIONAL PROVISION Adoption of new plan
197. If, as a result of the adoption of a new plan, employer contributions to a pension plan are suspended or cease before the day on which subsection 29(4) of the Pension Benefits Standards Act, 1985, as enacted by subsection 194(1), comes into force, the
Soutien de la reprise é original plan is deemed not to have been terminated, and the pension benefits and other benefits provided under the original plan are deemed to be benefits provided under the new plan in respect of any period of membership before the adoption of the new plan, regardless of whether the assets and liabilities of the original plan have been consolidated with those of the new plan. COORDINATING AMENDMENTS
2010, c. 12
198. (1) In this section, “other Act” means the Jobs and Economic Growth Act. (2) On the first day on which both section 1804 of the other Act and this section are in force, the Pension Benefits Standards Act, 1985 is amended by adding the following before the heading before section 17:
Cessation
16.5 Before a pension plan ceases to provide for the payment of a variable benefit referred to in subsection 16.2(1), an administrator must offer a former member or survivor who receives that variable benefit the options referred to in subsection 16.4(1). (3) If subsection 194(1) of this Act comes into force before subsection 1816(2) of the other Act, then subsection 1816(2) and section 1826 of the other Act are repealed. (4) If subsection 1816(2) of the other Act comes into force before subsection 194(1) of this Act, then section 197 of this Act is replaced by the following:
Adoption of new plan
197. If, as a result of the adoption of a new defined benefit plan, employer contributions to a multi-employer pension plan that is a defined benefit plan are suspended or cease before the day on which subsection 29(4) of the Pension Benefits Standards Act, 1985, as enacted by subsection 194(1), comes into force, the original plan is deemed not to have been terminated, and the pension benefits and other benefits provided under the original plan are deemed to be benefits provided under the new plan in respect of any period of membership before the adop142
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Sustaining Canada’s
tion of the new plan, regardless of whether the assets and liabilities of the original plan have been consolidated with those of the new plan. (5) If subsection 194(1) of this Act and subsection 1816(2) of the other Act come into force on the same day, then that subsection 194(1) is deemed to have come into force before that subsection 1816(2) and subsection (3) applies as a consequence. (6) On the first day on which both subsection 1816(5) of the other Act and this section are in force, the Pension Benefits Standards Act, 1985 is amended by replacing subsection 29(6.1) with the following: Payment by employer of pension benefits
(6.1) If the whole of a pension plan that is not a negotiated contribution plan is terminated, the employer shall pay into the pension fund, in accordance with the regulations, the amount — calculated periodically in accordance with the regulations — that is required to ensure that any obligation of the plan with respect to pension benefits, as they are determined on the date of the termination, is satisfied. (7) On the first day on which both subsection 1816(7) of the other Act and subsection 194(4) of this Act are in force, the Pension Benefits Standards Act, 1985 is amended by replacing subsection 29(9) with the following:
Actuarial termination report
(9) On the termination of the whole or part of a pension plan, the administrator of the plan shall file with the Superintendent, in the form and manner, if any, that the Superintendent directs, a termination report prepared by a person having the prescribed qualifications, setting out the nature of the pension benefits and other benefits to be provided under the plan and a description of the methods of allocating and distributing those benefits and deciding the priorities in respect of the payment of full or partial benefits to the members. The report must also give the amount referred to in subsection (6.1) — calculated as at the date of termination — and contain any prescribed information.
Soutien de la reprise é (8) If subsection 1820(12) of the other Act comes into force before this section, then the references to “39(c)” and “Section 39” in section 196 of this Act are replaced by “39(1)(c)” and “Subsection 39(1)”, respectively. (9) If subsection 1820(12) of the other Act comes into force after this section comes into force but before subsection 196(3) of this Act comes into force, then, on the coming into force of that subsection 1820(12), that subsection 196(3) is amended by replacing “Section 39” with “Subsection 39(1)”. COMING INTO FORCE
Order in council
199. Subsection 179(1), section 183, subsection 192(1), section 195 and subsection 196(3) come into force on a day or days to be fixed by order of the Governor in Council.
Published under authority of the Speaker of the House of Commons Available from: Publishing and Depository Services Public Works and Government Services Canada Ottawa, Ontario K1A 0S5 Telephone: 613-941-5995 or 1-800-635-7943 Fax: 613-954-5779 or 1-800-565-7757 publications@tpsgc-pwgsc.gc.ca http://publications.gc.ca
Also available on the Parliament of Can Aussi disponible sur le site Web du Par http://www Available from: Publishing and Depository Services Public Works and Government Services Canada Ottawa, Ontario K1A 0S5 Telephone: 613-941-5995 or 1-800-635-7943 Fax: 613-954-5779 or 1-800-565-7757 publications@pwgsc.gc.ca http://publications.gc.ca
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Third Session, Fortieth Parliament, 59 Elizabeth II, 2010
STATUTES OF CANADA 2010
CHAPTER 18 An Act to promote gender equity in Indian registration by responding to the Court of Appeal for British Columbia decision in McIvor v. Canada (Registrar of Indian and Northern Affairs)
ASSENTED TO 15th DECEMBER, 2010 BILL C-3
SUMMARY This enactment provides a new entitlement to Indian registration in response to the decision in McIvor v. Canada (Registrar of Indian and Northern Affairs) that was issued by the Court of Appeal for British Columbia on April 6, 2009.
Also available on the Parliament of Canada Web Site at the following address: http://www.parl.gc.ca
59 ELIZABETH II —————— CHAPTER 18 An Act to promote gender equity in Indian registration by responding to the Court of Appeal for British Columbia decision in McIvor v. Canada (Registrar of Indian and Northern Affairs)
[Assented to 15th December, 2010] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: SHORT TITLE Short title
1. This Act may be cited as the Gender Equity in Indian Registration Act.
R.S., c. I-5
INDIAN ACT
R.S., c. 32 (1st Supp.), s. 4
2. (1) The portion of subsection 6(1) of the French version of the Indian Act before paragraph (a) is replaced by the following:
Personnes ayant droit à l’inscription
6. (1) Sous réserve de l’article 7, toute personne a le droit d’être inscrite dans les cas suivants :
R.S., c. 32 (1st Supp.), s. 4
(2) Paragraph 6(1)(a) of the Act is replaced by the following: (a) that person was registered or entitled to be registered immediately prior to April 17, 1985;
R.S., c. 32 (1st Supp.), s. 4
(3) Paragraph 6(1)(c) of the Act is replaced by the following: (c) the name of that person was omitted or deleted from the Indian Register, or from a band list prior to September 4, 1951, under
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Gender Equity in I
subparagraph 12(1)(a)(iv), paragraph 12(1)(b) or subsection 12(2) or under subparagraph 12(1)(a)(iii) pursuant to an order made under subsection 109(2), as each provision read immediately prior to April 17, 1985, or under any former provision of this Act relating to the same subject-matter as any of those provisions; (c.1) that person (i) is a person whose mother’s name was, as a result of the mother’s marriage, omitted or deleted from the Indian Register, or from a band list prior to September 4, 1951, under paragraph 12(1)(b) or under subparagraph 12(1)(a)(iii) pursuant to an order made under subsection 109(2), as each provision read immediately prior to April 17, 1985, or under any former provision of this Act relating to the same subject-matter as any of those provisions, (ii) is a person whose other parent is not entitled to be registered or, if no longer living, was not at the time of death entitled to be registered or was not an Indian at that time if the death occurred prior to September 4, 1951, (iii) was born on or after the day on which the marriage referred to in subparagraph (i) occurred and, unless the person’s parents married each other prior to April 17, 1985, was born prior to that date, and (iv) had or adopted a child, on or after September 4, 1951, with a person who was not entitled to be registered on the day on which the child was born or adopted; (4) Subsection 6(3) of the Act is amended by striking out “and” at the end of paragraph (a), by adding “and” at the end of paragraph (b) and by adding the following after paragraph (b): (c) a person described in paragraph (1)(c.1) and who was no longer living on the day on which that paragraph comes into force is deemed to be entitled to be registered under that paragraph.
Équité entre les sexes relativement à 3. Section 11 of the Act is amended by adding the following after subsection (3):
Additional membership rule — paragraph 6(1)(c.1)
(3.1) A person is entitled to have the person’s name entered in a Band List maintained in the Department for a band if the person is entitled to be registered under paragraph 6(1)(c.1) and the person’s mother ceased to be a member of that band by reason of the circumstances set out in subparagraph 6(1)(c.1)(i). REPORT TO PARLIAMENT
Report
3.1 (1) The Minister of Indian Affairs and Northern Development shall cause to be laid before each House of Parliament, not later than two years after this Act comes into force, a report on the provisions and implementation of this Act.
Review by committee
(2) Such committee of Parliament as may be designated or established for the purposes of this subsection shall, forthwith after the report of the Minister is tabled under subsection (1), review that report and shall, in the course of that review, undertake a review of any provision of this Act. RELATED PROVISIONS
Definitions
4. In sections 5 to 8, “band”, “Band List”, “council of a band”, “registered” and “Registrar” have the same meaning as in subsection 2(1) of the Indian Act.
Registration continued
5. For greater certainty, subject to any deletions made by the Registrar under subsection 5(3) of the Indian Act, any person who was, immediately before the day on which this Act comes into force, registered and entitled to be registered under paragraph 6(1)(a) or (c) of the Indian Act continues to be registered.
Registration entitlements recognized
6. For greater certainty, for the purposes of paragraph 6(1)(f) and subsection 6(2) of the Indian Act, the Registrar must recognize any entitlements to be registered that existed under paragraph 6(1)(a) or (c) of that Act immediately before the day on which this Act comes into force.
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Membership maintained — paragraphs 6(1)(a) and (c)
7. For greater certainty, subject to any membership rules established by a band, any person who, immediately before the day on which this Act comes into force, was entitled to be registered under paragraph 6(1)(a) or (c) of the Indian Act and had the right to have their name entered in the Band List maintained by that band continues to have that right.
Membership maintained — paragraph 6(1)(c.1)
8. For greater certainty, subject to any membership rules established by a band on or after the day on which this Act comes into force, any person who is entitled to be registered under paragraph 6(1)(c.1) of the Indian Act, as enacted by subsection 2(3), and who had, immediately before that day, the right to have their name entered in the Band List maintained by that band continues to have that right.
No liability
9. For greater certainty, no person or body has a right to claim or receive any compensation, damages or indemnity from Her Majesty in right of Canada, any employee or agent of Her Majesty, or a council of a band, for anything done or omitted to be done in good faith in the exercise of their powers or the performance of their duties, only because
Gender Equity in I
(a) a person was not registered, or did not have their name entered in a Band List, immediately before the day on which this Act comes into force; and (b) one of the person’s parents is entitled to be registered under paragraph 6(1)(c.1) of the Indian Act, as enacted by subsection 2(3). COMING INTO FORCE Order in council
10. This Act comes into force, or is deemed to have come into force, on a day, on or after April 5, 2010, to be fixed by order of the Governor in Council.
Published under authority of the Speaker of the House of Commons Available from: Publishing and Depository Services Public Works and Government Services Canada Ottawa, Ontario K1A 0S5 Telephone: 613-941-5995 or 1-800-635-7943 Fax: 613-954-5779 or 1-800-565-7757 publications@tpsgc-pwgsc.gc.ca http://publications.gc.ca
Also available on the Parliament of Can Aussi disponible sur le site Web du Par http://www Available from: Publishing and Depository Services Public Works and Government Services Canada Ottawa, Ontario K1A 0S5 Telephone: 613-941-5995 or 1-800-635-7943 Fax: 613-954-5779 or 1-800-565-7757 publications@pwgsc.gc.ca http://publications.gc.ca
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Third Session, Fortieth Parliament, 59 Elizabeth II, 2010
STATUTES OF CANADA 2010
CHAPTER 8 An Act to amend the Immigration and Refugee Protection Act and the Federal Courts Act
ASSENTED TO 29th JUNE, 2010 BILL C-11
RECOMMENDATION Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act to amend the Immigration and Refugee Protection Act and the Federal Courts Act”.
SUMMARY This enactment amends the Immigration and Refugee Protection Act, primarily in respect of the processing of refugee claims referred to the Immigration and Refugee Board. In particular, the enactment (a) provides for the referral of a refugee claimant to an interview with an Immigration and Refugee Board official, who is to collect information and schedule a hearing before the Refugee Protection Division; (b) provides that the members of the Refugee Protection Division are appointed in accordance with the Public Service Employment Act; (c) provides for the coming into force, no more than two years after the day on which the enactment receives royal assent, of the provisions of the Immigration and Refugee Protection Act that permit a claimant to appeal a decision of the Refugee Protection Division to the Refugee Appeal Division; (d) authorizes the Minister to designate, in accordance with the process and criteria established by the regulations certain countries, parts of countries or classes of nationals; (e) provides clarification with respect to the type of evidence that may be put before the Refugee Appeal Division and the circumstances in which that Division may hold a hearing; (f) prohibits a person whose claim for refugee protection has been rejected from applying for a temporary resident permit or applying to the Minister for protection if less than 12 months have passed since their claim was rejected; (g) authorizes the Minister, in respect of applications for protection, to exempt nationals, or classes of nationals, of a country or part of a country from the 12-month prohibition; (h) provides clarification with respect to the Minister’s authority to grant permanent resident status or an exemption from any obligations of the Act on humanitarian and compassionate grounds or on public policy grounds; (i) limits the circumstances in which the Minister may examine requests for permanent resident status or for an exemption from any obligations of the Act on humanitarian and compassionate grounds; and (j) enacts transitional provisions respecting the processing of pending claims by the Minister or the Immigration and Refugee Board. The enactment also amends the Federal Courts Act to increase the number of Federal Court judges.
Also available on the Parliament of Canada Web Site at the following address: http://www.parl.gc.ca
59 ELIZABETH II —————— CHAPTER 8 An Act to amend the Immigration and Refugee Protection Act and the Federal Courts Act
[Assented to 29th June, 2010] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: SHORT TITLE Short title
1. This Act may be cited as the Balanced Refugee Reform Act.
2001, c. 27
IMMIGRATION AND REFUGEE PROTECTION ACT 2. Paragraph 16(2)(b) of the Immigration and Refugee Protection Act is replaced by the following: (b) subject to the regulations, the foreign national must submit to a medical examination.
3. Section 24 of the Act is amended by adding the following after subsection (3): Restriction
(4) A foreign national whose claim for refugee protection has been rejected or determined to be withdrawn or abandoned by the Refugee Protection Division or the Refugee Appeal Division may not request a temporary resident permit if less than 12 months have passed since their claim was last rejected or determined to be withdrawn or abandoned.
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2008, c. 28, s. 117
4. (1) Subsection 25(1) of the Act is replaced by the following:
Humanitarian and compassionate considerations — request of foreign national
25. (1) The Minister must, on request of a foreign national in Canada who is inadmissible or who does not meet the requirements of this Act, and may, on request of a foreign national outside Canada, examine the circumstances concerning the foreign national and may grant the foreign national permanent resident status or an exemption from any applicable criteria or obligations of this Act if the Minister is of the opinion that it is justified by humanitarian and compassionate considerations relating to the foreign national, taking into account the best interests of a child directly affected.
Payment of fees
(1.1) The Minister is seized of a request referred to in subsection (1) only if the applicable fees in respect of that request have been paid.
Exceptions
(1.2) The Minister may not examine the request if the foreign national has already made such a request and the request is pending.
Non-application of certain factors
(1.3) In examining the request of a foreign national in Canada, the Minister may not consider the factors that are taken into account in the determination of whether a person is a Convention refugee under section 96 or a person in need of protection under subsection 97(1) but must consider elements related to the hardships that affect the foreign national.
Immigration and Refugee Pr
(2) Subsection 25(2) of the French version of the Act is replaced by the following: Critères provinciaux
(2) Le statut de résident permanent ne peut toutefois être octroyé à l’étranger visé au paragraphe 9(1) qui ne répond pas aux critères de sélection de la province en cause qui lui sont applicables. 5. The Act is amended by adding the following after section 25:
Humanitarian and compassionate considerations — Minister’s own initiative
25.1 (1) The Minister may, on the Minister’s own initiative, examine the circumstances concerning a foreign national who is inadmissible or who does not meet the requirements of this Act and may grant the foreign national permanent resident status or an exemption from any
Immigration et protection des applicable criteria or obligations of this Act if the Minister is of the opinion that it is justified by humanitarian and compassionate considerations relating to the foreign national, taking into account the best interests of a child directly affected.
Exemption
(2) The Minister may exempt the foreign national from the payment of any applicable fees in respect of the examination of their circumstances under subsection (1).
Provincial criteria
(3) The Minister may not grant permanent resident status to a foreign national referred to in subsection 9(1) if the foreign national does not meet the province’s selection criteria applicable to that foreign national.
Public policy considerations
25.2 (1) The Minister may, in examining the circumstances concerning a foreign national who is inadmissible or who does not meet the requirements of this Act, grant that person permanent resident status or an exemption from any applicable criteria or obligations of this Act if the Minister is of the opinion that it is justified by public policy considerations.
Exemption
(2) The Minister may exempt the foreign national from the payment of any applicable fees in respect of the examination of their circumstances under subsection (1).
Provincial criteria
(3) The Minister may not grant permanent resident status to a foreign national referred to in subsection 9(1) if the foreign national does not meet the province’s selection criteria applicable to that foreign national. 6. The portion of section 26 of the Act before paragraph (a) is replaced by the following:
Regulations
26. The regulations may provide for any matter relating to the application of sections 18 to 25.2, and may include provisions respecting
2008, c. 3, s. 3
7. Paragraph 36(3)(e) of the Act is replaced by the following: (e) inadmissibility under subsections (1) and (2) may not be based on an offence (i) designated as a contravention under the Contraventions Act,
C. 8
Immigration and Refugee Pr (ii) for which the permanent resident or foreign national is found guilty under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, or (iii) for which the permanent resident or foreign national received a youth sentence under the Youth Criminal Justice Act.
8. Section 91 of the Act is replaced by the following: Regulations
91. The regulations may govern who may or may not represent, advise or consult with a person who is the subject of a proceeding or application before the Minister, an officer or any Division of the Board, including an interview before an official referred to in subsection 100(4.1). 9. Paragraph 94(2)(e) of the Act is replaced by the following: (e) the number of persons granted permanent resident status under each of subsections 25(1), 25.1(1) and 25.2(1); and 10. Paragraphs 95(1)(a) and (b) of the French version of the Act are replaced by the following: a) sur constat qu’elle est, à la suite d’une demande de visa, un réfugié au sens de la Convention ou une personne en situation semblable, elle devient soit un résident permanent au titre du visa, soit un résident temporaire au titre d’un permis de séjour délivré en vue de sa protection; b) la Commission lui reconnaît la qualité de réfugié au sens de la Convention ou celle de personne à protéger; 11. (1) Section 100 of the Act is amended by adding the following after subsection (1):
Burden of proof
(1.1) The burden of proving that a claim is eligible to be referred to the Refugee Protection Division rests on the claimant, who must answer truthfully all questions put to them.
Immigration et protection des (2) Subsection 100(4) of the Act is replaced by the following:
Duty of claimant
(4) A person whose claim is referred to the Refugee Protection Division must attend an interview with an official of the Board on a date fixed by the referring officer in accordance with the rules of the Board and must at the interview produce all documents and information required by those rules. The date fixed for the interview must not be earlier than 15 days after the day on which the claim is referred, unless the claimant consents to an earlier date.
Hearing — Refugee Protection Division
(4.1) The official of the Board who conducts the interview must, in accordance with the regulations and any directions of the Chairperson of the Board, fix the date on which the claimant is to attend a hearing before the Refugee Protection Division. 11.1 The Act is amended by adding the following after section 107:
Manifestly unfounded
107.1 If the Refugee Protection Division rejects a claim for refugee protection, it may state in its reasons for the decision that the claim is manifestly unfounded if it is of the opinion that the claim is clearly fraudulent. 12. The Act is amended by adding the following after section 109: Designated Countries of Origin
Designation of countries of origin
109.1 (1) The Minister may, by order, for the purposes of section 111.1, designate a country or part of a country or a class of nationals of a country.
Limitation
(1.1) The Minister may make a designation only if (a) the number of claims for refugee protection made in Canada by nationals of the country in question is equal to or greater than the number set out in the regulations; and (b) the rate of acceptance by the Refugee Protection Division of claims made by nationals of the country in question is equal to or lower than the rate set out in the regulations.
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Criteria to be considered
(1.2) In making a designation, the Minister must take the following criteria into account:
Immigration and Refugee Pr
(a) the human rights record of the country in question as it relates to (i) the factors set out in sections 96 and 97, and (ii) the international human rights instruments specified in the regulations and any other international instrument that the Minister considers relevant; (b) the availability in the country in question of mechanisms for seeking protection and redress; (c) the number of claims for refugee protection made in Canada by nationals of the country in question; (d) the rate of acceptance by the Refugee Protection Division of claims made by nationals of the country in question and the rate of appeals allowed by the Refugee Appeal Division in respect of appeals made by nationals of the country in question; and (e) any other criteria set out in the regulations. Statutory Instruments Act
(2) An order referred to in subsection (1) is not a statutory instrument for the purposes of the Statutory Instruments Act. However, it must be published in the Canada Gazette. 13. (1) Subsection 110(1) of the Act is replaced by the following:
Appeal
110. (1) A person or the Minister may appeal, in accordance with the rules of the Board, on a question of law, of fact or of mixed law and fact, to the Refugee Appeal Division against a decision of the Refugee Protection Division to allow or reject the person’s claim for refugee protection, or a decision of the Refugee Protection Division rejecting an application by the Minister for a determination that refugee protection has ceased or an application by the Minister to vacate a decision to allow a claim for refugee protection. (2) Subsection 110(3) of the Act is replaced by the following:
Immigration et protection des
Making of appeal
(2.1) The appeal must be filed and perfected within the time limits set out in the regulations.
Procedure
(3) Subject to subsections (3.1), (4) and (6), the Refugee Appeal Division must proceed without a hearing, on the basis of the record of the proceedings of the Refugee Protection Division, and may accept documentary evidence and written submissions from the Minister and the person who is the subject of the appeal and written submissions from a representative or agent of the United Nations High Commissioner for Refugees and any other person described in the rules of the Board.
Time limits
(3.1) Unless a hearing is held under subsection (6), the Refugee Appeal Division must make a decision within the time limits set out in the regulations.
Evidence that may be presented
(4) On appeal, the person who is the subject of the appeal may present only evidence that arose after the rejection of their claim or that was not reasonably available, or that the person could not reasonably have been expected in the circumstances to have presented, at the time of the rejection.
Exception
(5) Subsection (4) does not apply in respect of evidence that is presented in response to evidence presented by the Minister.
Hearing
(6) The Refugee Appeal Division may hold a hearing if, in its opinion, there is documentary evidence referred to in subsection (3) (a) that raises a serious issue with respect to the credibility of the person who is the subject of the appeal; (b) that is central to the decision with respect to the refugee protection claim; and (c) that, if accepted, would justify allowing or rejecting the refugee protection claim.
14. Subsection 111(2) of the Act is replaced by the following:
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Manifestly unfounded
(1.1) For greater certainty, if the Refugee Appeal Division does not set it aside, the Refugee Protection Division’s determination under section 107.1 is confirmed.
Referrals
(2) The Refugee Appeal Division may make the referral described in paragraph (1)(c) only if it is of the opinion that
Immigration and Refugee Pr
(a) the decision of the Refugee Protection Division is wrong in law, in fact or in mixed law and fact; and (b) it cannot make a decision under paragraph 111(1)(a) or (b) without hearing evidence that was presented to the Refugee Protection Division. 14.1 The Act is amended by adding the following after section 111: Regulations Regulations
111.1 (1) The regulations may provide for any matter relating to the application of this Division, and may include provisions (a) relating to the criteria referred to in subsection 109.1(1.2) and the process to be followed with respect to a designation made under subsection 109.1(1); (b) establishing criteria for the purposes of paragraph 109.1(1.2)(e); and (c) respecting the time limits (i) for the hearing referred to in subsection 100(4.1), (ii) for the filing and perfecting of an appeal under subsection 110(2.1), and (iii) for the making of a decision by the Refugee Appeal Division, the extension of those time limits and the circumstances under which they do not apply.
Clarification — regulations made under subparagraph (1)(c)(i)
(2) Regulations made under subparagraph (1)(c)(i) may provide for time limits for any of the following claimants that are different from the time limits for other claimants:
Immigration et protection des (a) claimants who are nationals of a country that is, on the date of their interview referred to in subsection 100(4), a country designated under subsection 109.1(1); (b) claimants who are nationals of a country of which a part is, on the date of their interview referred to in subsection 100(4), a part designated under subsection 109.1(1); or (c) claimants who belong to a class of nationals of a country that is, on the date of their interview referred to in subsection 100(4), a class designated under subsection 109.1(1).
Clarification — regulations made under subparagraph (1)(c)(ii)
(3) Regulations made under subparagraph (1)(c)(ii) may provide for time limits for the filing and perfecting of appeals by any of the following claimants that are different from the time limits for other claimants: (a) claimants whose claims are found by the Refugee Protection Division to be manifestly unfounded under section 107.1; (b) claimants who are nationals of any country that is, on the day on which the decision being appealed is made, a country designated under subsection 109.1(1); (c) claimants who are nationals of a country of which a part is, on the day on which the decision being appealed is made, a part designated under that subsection and who lived in that designated part before they left the country; or (d) claimants who belong to a class of nationals of a country that is, on the day on which the decision being appealed is made, a class designated under that subsection.
Clarification — regulations made under subparagraph (1)(c)(iii)
(4) Regulations made under subparagraph (1)(c)(iii) may provide for time limits for making decisions in respect of appeals by claimants referred to in paragraphs (3)(a) to (d) that are different from the time limits for other claimants. 15. (1) Subsection 112(1) of the Act is replaced by the following:
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Application for protection
112. (1) Subject to subsection (1.1), a person in Canada, other than a person referred to in subsection 115(1), may, in accordance with the regulations and the rules of the Board, apply to the Refugee Protection Division for protection if they are subject to a removal order that is in force.
Application to Minister
(1.1) In the case of a person described in subsection (3), the application for protection must be made to the Minister in accordance with the regulations.
Suspension of application
(1.2) Proceedings of the Refugee Protection Division in respect of an application are suspended on notice by an officer that
Immigration and Refugee Pr
(a) a report has been referred to the Immigration Division for a determination of whether the applicant is inadmissible on grounds of security, violating human or international rights, serious criminality — as referred to in paragraph (3)(b) — or organized criminality; or (b) the applicant is the subject of an authority to proceed issued under section 15 of the Extradition Act. Transfer — inadmissibility
(1.3) On notice by an officer that the Immigration Division has made a determination that the applicant is inadmissible on the grounds referred to in paragraph (1.2)(a), consideration of the application is transferred to the Minister.
Continuation
(1.4) On notice by an officer that the Immigration Division has made a determination that the applicant is not inadmissible on the grounds referred to in paragraph (1.2)(a), consideration of the application is continued by the Refugee Protection Division.
Termination after surrender under Extradition Act
(1.5) If the applicant is ordered surrendered by the Minister of Justice under the Extradition Act, consideration of the application is terminated.
Continuation
(1.6) If the applicant is finally discharged under the Extradition Act, consideration of the application is continued by the Refugee Protection Division.
2010 Transfer: Refugee Convention
Immigration et protection des (1.7) If the Refugee Protection Division makes a determination that the applicant is referred to in section F of Article 1 of the Refugee Convention, consideration of the application is transferred to the Minister. (2) The portion of subsection 112(2) of the Act before paragraph (a) is replaced by the following:
Exception
(2) Despite subsections (1) and (1.1), a person may not apply for protection if (3) Subsection 112(2) of the Act is amended by adding the following after paragraph (b): (b.1) subject to subsection (2.1), less than 12 months have passed since their claim for refugee protection was last rejected — unless it was rejected on the basis of section E or F of Article 1 of the Refugee Convention — or determined to be withdrawn or abandoned by the Refugee Protection Division or the Refugee Appeal Division; (4) Section 112 of the Act is amended by adding the following after subsection (2):
Exemption
(2.1) The Minister may exempt from the application of paragraph (2)(b.1) (a) the nationals — or, in the case of persons who do not have a country of nationality, the former habitual residents — of a country; (b) the nationals or former habitual residents of a country who, before they left the country, lived in a given part of that country; and (c) a class of nationals or former habitual residents of a country.
Application
(2.2) However, an exemption made under subsection (2.1) does not apply to persons in respect of whom, after the day on which the exemption comes into force, a decision is made respecting their claim for refugee protection by the Refugee Protection Division or, if an appeal is made, by the Refugee Appeal Division.
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Regulations
(2.3) The regulations may govern any matter relating to the application of subsection (2.1) or (2.2) and may include provisions establishing the criteria to be considered when an exemption is made.
Immigration and Refugee Pr
(5) Subsection 112(3) of the Act is amended by striking out “or” at the end of paragraph (c) and by adding the following after paragraph (c): (c.1) made an application for protection and the consideration of that application was transferred to the Minister under subsection (1.7); or 16. Paragraphs 113(a) and (b) of the Act are replaced by the following: (a) an applicant whose claim for refugee protection or whose most recent application for protection, as the case may be, has been rejected may present only evidence that arose after the rejection or was not reasonably available, or that the applicant could not reasonably have been expected in the circumstances to have presented, at the time of the rejection; (b) in the case of an applicant described in subsection 112(3), a hearing may be held if the Minister, on the basis of prescribed factors, is of the opinion that a hearing is required; (b.1) subject to paragraphs (a) and (b.3), in the case of an applicant not described in subsection 112(3), the Refugee Protection Division must proceed without a hearing and may accept documentary evidence and written submissions from the Minister and the applicant; (b.2) in the case of an applicant not described in subsection 112(3), paragraph (a) does not apply in respect of evidence that is presented in response to evidence presented by the Minister; (b.3) in the case of an applicant not described in subsection 112(3), the Refugee Protection Division may hold a hearing if, in its opinion, there is documentary evidence referred to in paragraph (b.1)
Immigration et protection des (i) that raises a serious issue with respect to the credibility of the applicant, (ii) that is central to the decision with respect to the application, and (iii) that, if accepted, would justify allowing the application; 16.1 The Act is amended by adding the following after section 114:
Limitation
114.1 (1) Subsections 114(3) and (4) apply in respect of a decision to allow an application for protection only if the application was made to the Minister under subsection 112(1.1) or transferred to the Minister under subsection 112(1.3) or (1.7).
Application of section 109
(2) Section 109 applies to a decision made by the Refugee Protection Division to allow an application for protection as if it were a decision to allow a claim for refugee protection. 17. The Act is amended by adding the following after section 152:
Oath or affirmation of office
152.1 The Chairperson and other members of the Board must swear the oath or give the solemn affirmation of office set out in the rules of the Board. 18. (1) The portion of subsection 153(1) of the Act before paragraph (a) is replaced by the following:
Chairperson and other members
153. (1) The Chairperson and members of the Refugee Appeal Division and Immigration Appeal Division (2) Paragraph 153(1)(b) of the Act is repealed. 19. (1) Paragraphs 159(1)(b) to (d) of the Act are replaced by the following: (b) may at any time assign a member appointed under paragraph 153(1)(a) to the Refugee Appeal Division or the Immigration Appeal Division; (c) may at any time, despite paragraph 153(1)(a), assign a member of the Refugee Appeal Division or the Immigration Appeal Division to work in another regional or district office to satisfy operational
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requirements, but an assignment may not exceed 120 days without the approval of the Governor in Council; (d) may designate, from among the full-time members appointed under paragraph 153(1)(a), coordinating members for the Refugee Appeal Division or the Immigration Appeal Division; (2) Paragraph 159(1)(h) of the Act is replaced by the following: (h) may issue guidelines in writing to members of the Board and identify decisions of the Board as jurisprudential guides, after consulting with the Deputy Chairpersons, to assist members in carrying out their duties; and (3) Subsection 159(2) of the Act is replaced by the following: Delegation
(2) The Chairperson may delegate any of his or her powers under this Act to a member of the Board, except that (a) powers referred to in subsection 161(1) may not be delegated; (b) powers referred to in paragraphs (1)(a) and (i) may be delegated to the Executive Director of the Board; (c) powers in relation to the Immigration Appeal Division and the Refugee Appeal Division may only be delegated to the Deputy Chairperson, the Assistant Deputy Chairpersons, or other members, including coordinating members, of either of those Divisions; and (d) powers in relation to the Immigration Division or the Refugee Protection Division may only be delegated to the Deputy Chairperson, the Assistant Deputy Chairpersons or other members, including coordinating members, of that Division. 20. The portion of subsection 161(1) of the Act before paragraph (b) is replaced by the following:
2010 Rules
Immigration et protection des 161. (1) Subject to the approval of the Governor in Council, and in consultation with the Deputy Chairpersons, the Chairperson may make rules respecting (a) the referral of a claim for refugee protection to the Refugee Protection Division and the conduct of the interview referred to in subsection 100(4); (a.1) the factors to be taken into account in fixing or changing the date of an interview referred to in subsection 100(4); (a.2) the activities, practice and procedure of each of the Divisions of the Board, including the periods for appeal, other than in respect of appeals of decisions of the Refugee Protection Division, the priority to be given to proceedings, the notice that is required and the period in which notice must be given; 21. Section 163 of the Act is replaced by the following:
Composition of panels
163. Matters before a Division must be conducted before a single member unless, with respect to a matter before the Refugee Appeal Division or the Immigration Appeal Division, the Chairperson is of the opinion that a panel of three members should be constituted. 22. Section 165 of the Act is replaced by the following:
Powers of a commissioner
165. The Refugee Protection Division, the Refugee Appeal Division and the Immigration Division and each member of those Divisions have the powers and authority of a commissioner appointed under Part I of the Inquiries Act and may do any other thing they consider necessary to provide a full and proper hearing. 23. Subsection 167(1) of the Act is replaced by the following:
Right to counsel
167. (1) A person who is the subject of proceedings before any Division of the Board, including the interview referred to in subsection 100(4), and the Minister may, at their own expense, be represented by legal or other counsel. 24. Subsection 168(1) of the Act is replaced by the following:
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Abandonment of proceeding
168. (1) A Division may determine that a proceeding before it has been abandoned if the Division is of the opinion that the applicant is in default in the proceedings, including by failing to attend the interview referred to in subsection 100(4), to appear for a hearing, to provide information required by the Division or to communicate with the Division on being requested to do so.
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25. (1) Paragraph 169(c) of the Act is replaced by the following: (c) the decision may be rendered orally or in writing, except for a decision of the Refugee Protection Division in respect of an application for protection under subsection 112(1), which must be rendered in writing; (2) Section 169 of the Act is amended by striking out “and” at the end of paragraph (e) and by adding the following after paragraph (e): (e.1) notice of a decision of the Refugee Protection Division in respect of an application for protection, as well as written reasons for the decision, must, in accordance with the regulations, be provided to the Minister, who must then provide the notice and reasons to the applicant in accordance with the regulations; and (3) Section 169 of the Act is renumbered as subsection 169(1) and is amended by adding the following: Regulations
(2) The regulations may govern the time within which and the manner in which notice of a decision of the Refugee Protection Division in respect of an application for protection, as well as written reasons for the decision, must be provided. 26. The Act is amended by adding the following before section 170:
Composition
169.1 (1) The Refugee Protection Division consists of the Deputy Chairperson, Assistant Deputy Chairpersons and other members, including coordinating members, necessary to carry out its functions.
2010 Public Service Employment Act
Immigration et protection des (2) The members of the Refugee Protection Division are appointed in accordance with the Public Service Employment Act. 27. (1) The portion of section 170 of the Act before paragraph (a) is replaced by the following:
Proceedings
170. Except in respect of an application for protection made under subsection 112(1), the Refugee Protection Division, in any proceeding before it, (2) Section 170 of the Act is amended by adding the following after paragraph (d): (d.1) may question the witnesses, including the person who is the subject of the proceeding; 27.1 The Act is amended by adding the following after section 170:
Application for protection
170.1 In respect of an application for protection under subsection 112(1), the Refugee Protection Division (a) may inquire into any matter that it considers relevant to establishing whether an application is well-founded; (b) must provide the Minister, on request, with the documentary evidence and written submissions of the applicant that are referred to in paragraph 113(b.1); (c) must give notice of any hearing to the Minister and the applicant; (d) subject to paragraph 113(a), must — if a hearing is held — give the applicant and the Minister the opportunity to present evidence, question witnesses and make submissions; (e) may question the witnesses, including the applicant; (f) is not bound by any legal or technical rules of evidence; (g) may receive and base a decision on evidence that is adduced in the proceedings and considered credible or trustworthy in the circumstances; and
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(h) may take notice of any facts that may be judicially noticed and of any other generally recognized facts and any information or opinion that is within its specialized knowledge. 28. (1) Paragraph 171(a) of the Act is replaced by the following: (a) the Division must give notice of any hearing to the Minister and to the person who is the subject of the appeal; (a.1) subject to subsection 110(4), if a hearing is held, the Division must give the person who is the subject of the appeal and the Minister the opportunity to present evidence, question witnesses and make submissions; (a.2) the Division is not bound by any legal or technical rules of evidence; (a.3) the Division may receive and base a decision on evidence that is adduced in the proceedings and considered credible or trustworthy in the circumstances; (a.4) the Minister may, after giving notice in accordance with the rules, intervene in the appeal, including for the purpose of filing submissions; (2) Paragraph 171(c) of the French version of the Act is replaced by the following: c) la décision du tribunal constitué de trois commissaires a la même valeur de précédent pour le tribunal constitué d’un commissaire unique et la Section de la protection des réfugiés que celle qu’une cour d’appel a pour une cour de première instance. 29. Section 172 of the Act is replaced by the following: Composition
Public Service Employment Act
172. (1) The Immigration Division consists of the Deputy Chairperson, Assistant Deputy Chairpersons and other members necessary to carry out its functions. (2) The members of the Immigration Division are appointed in accordance with the Public Service Employment Act. 30. Subsection 176(1) of the Act is replaced by the following:
2010 Request
Immigration et protection des 176. (1) The Chairperson may request the Minister to decide whether any member of the Immigration Appeal Division or the Refugee Appeal Division should be subject to remedial or disciplinary measures for a reason set out in subsection (2). 31. Section 275 of the Act is replaced by the following:
Coming into force
275. Sections 73, 110, 111, 171, 194 and 195 come into force two years after the day on which the Balanced Refugee Reform Act receives royal assent or on any earlier day that may be fixed by order of the Governor in Council. TRANSITIONAL PROVISIONS
Humanitarian and compassionate considerations
32. Every request that is made under section 25 of the Immigration and Refugee Protection Act, as that Act read immediately before the day on which this Act receives royal assent, is to be determined in accordance with that Act as it read immediately before that day.
Refugee protection claim — Personal Information Form not yet submitted
33. (1) The Immigration and Refugee Protection Act, as amended by this Act, applies to every claim for refugee protection made before the day on which this section comes into force if, before that day, the claimant has not submitted a Personal Information Form, as defined in section 1 of the Refugee Protection Division Rules, as they read immediately before that day, and the time limit for submitting that Form has not expired.
Day of interview
(2) The day of the interview that the claimant referred to in subsection (1) must attend under subsection 100(4) of the Immigration and Refugee Protection Act, as enacted by subsection 11(2), is to be fixed by an official of the Immigration and Refugee Board.
Refugee protection claim — Personal Information Form submitted
34. (1) The Immigration and Refugee Protection Act, as amended by this Act, except subsections 100(4) and (4.1), applies to every claim for refugee protection made before the day on which this section comes into force if, before that day,
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(a) the claimant has submitted a Personal Information Form, as defined in section 1 of the Refugee Protection Division Rules, as they read immediately before that day; and (b) there has been no hearing before the Refugee Protection Division in respect of the claim or, if there has been a hearing, no substantive evidence has been heard. Interview
(2) The claimant referred to in subsection (1) must attend an interview with an official of the Immigration and Refugee Board, if required to do so, on the date fixed by the official in accordance with the Refugee Protection Division Rules and must produce any supplementary documents and information that the official considers necessary.
Substantive evidence heard
35. (1) Every claim for refugee protection in respect of which substantive evidence has been heard before the day on which subsection 18(1) comes into force by a single member or a panel of three members of the Refugee Protection Division appointed under paragraph 153(1)(a) of the Immigration and Refugee Protection Act, as it read immediately before that day, must continue to be heard by that single member or panel in accordance with that Act, as it read immediately before that day.
Single member unable to continue
(2) If the single member is unable to continue to hear the claim, the claim must be referred to a member of the Refugee Protection Division referred to in section 169.1 of the Immigration and Refugee Protection Act, as enacted by section 26, and that member must commence a new hearing in accordance with that Act, as amended by this Act.
Member of panel unable to continue
(3) If a member of the panel referred to in subsection (1) is unable to continue to hear the claim, the claim must continue to be heard by one of the two remaining members
Immigration et protection des in accordance with the Immigration and Refugee Protection Act, as it read immediately before the day on which subsection 18(1) comes into force.
No appeal to Refugee Appeal Division
36. (1) A decision made by the Refugee Protection Division before the day on which this section comes into force is not subject to appeal to the Refugee Appeal Division.
No waiting period
(2) The person in respect of whom the decision was made is not required to wait for the expiry of the 12-month period referred to in paragraph 112(2)(b.1) of the Immigration and Refugee Protection Act, as enacted by subsection 15(3), before making an application under subsection 112(1) or (1.1) of that Act.
Decision set aside in judicial review
37. If a decision referred to in subsection 36(1) is set aside in a judicial review, the claim for refugee protection must be referred to a member of the Refugee Protection Division referred to in section 169.1 of the Immigration and Refugee Protection Act, as enacted by section 26.
Application for protection
37.1 An application for protection that is made before the day on which subsection 15(1) comes into force is to be considered in accordance with the Immigration and Refugee Protection Act, as that Act read immediately before that day.
Application for protection
38. For greater certainty, paragraph 112(2)(b.1) of the Immigration and Refugee Protection Act, as enacted by subsection 15(3), does not apply if, before the day on which this section comes into force, an application for protection is made under subsection 112(1) of that Act.
Non-application
39. Paragraph 25(1.2)(b) of the Immigration and Refugee Protection Act, as enacted by subsection 4(1), does not apply to a refugee claimant whose claim is pending before the Refugee Protection Division on the day on which section 36 comes into force.
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Non-application
40. Paragraph 25(1.2)(c) of the Immigration and Refugee Protection Act, as enacted by subsection 4(1), does not apply to a refugee claimant whose claim is rejected or determined to be withdrawn or abandoned by the Refugee Protection Division before the day on which section 36 comes into force.
R.S., c. F-7; 2002, c. 8, s. 14
FEDERAL COURTS ACT
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2001, c. 41, par. 144(2)(b)
41. Subsection 5.1(1) of the Federal Courts Act is replaced by the following:
Constitution of Federal Court
5.1 (1) The Federal Court consists of a chief justice called the Chief Justice of the Federal Court, who is the president of the Federal Court, and 36 other judges. COMING INTO FORCE
Order in council
42. (1) Subject to subsection (2), the provisions of this Act, except sections 3 to 6, 9, 13, 14, 28, 31, 32, 39 and 40, come into force two years after the day on which this Act receives royal assent or on any earlier day or days that may be fixed by order of the Governor in Council.
Coming into force of certain provisions
(2) Subsections 15(1), (2) and (5) and sections 16, 16.1, 27.1 and 37.1 come into force 12 months after the day on which subsection 15(3) comes into force, or on any earlier day that may be fixed by order of the Governor in Council.
Published under authority of the Speaker of the House of Commons Available from: Publishing and Depository Services Public Works and Government Services Canada Ottawa, Ontario K1A 0S5 Telephone: 613-941-5995 or 1-800-635-7943 Fax: 613-954-5779 or 1-800-565-7757 publications@tpsgc-pwgsc.gc.ca http://publications.gc.ca
Also available on the Parliament of Can Aussi disponible sur le site Web du Par http://www Available from: Publishing and Depository Services Public Works and Government Services Canada Ottawa, Ontario K1A 0S5 Telephone: 613-941-5995 or 1-800-635-7943 Fax: 613-954-5779 or 1-800-565-7757 publications@pwgsc.gc.ca http://publications.gc.ca
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Third Session, Fortieth Parliament, 59 Elizabeth II, 2010
STATUTES OF CANADA 2010
CHAPTER 20 An Act to amend the Criminal Code (justification for detention in custody)
ASSENTED TO 15th DECEMBER, 2010 BILL C-464
SUMMARY This enactment amends the Criminal Code to provide that the detention of an accused in custody may be justified where it is necessary for the protection or safety of the public, including any person under the age of 18 years.
Also available on the Parliament of Canada Web Site at the following address: http://www.parl.gc.ca
59 ELIZABETH II —————— CHAPTER 20 An Act to amend the Criminal Code (justification for detention in custody) [Assented to 15th December, 2010] R.S., c. C-46
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1. Paragraph 515(10)(b) of the Criminal Code is replaced by the following: (b) where the detention is necessary for the protection or safety of the public, including any victim of or witness to the offence, or any person under the age of 18 years, having regard to all the circumstances including any substantial likelihood that the accused will, if released from custody, commit a criminal offence or interfere with the administration of justice; and
Published under authority of the Speaker of the House of Commons Available from: Publishing and Depository Services Public Works and Government Services Canada Ottawa, Ontario K1A 0S5 Telephone: 613-941-5995 or 1-800-635-7943 Fax: 613-954-5779 or 1-800-565-7757 publications@tpsgc-pwgsc.gc.ca http://publications.gc.ca
Also available on the Parliament of Can Aussi disponible sur le site Web du Par http://www Available from: Publishing and Depository Services Public Works and Government Services Canada Ottawa, Ontario K1A 0S5 Telephone: 613-941-5995 or 1-800-635-7943 Fax: 613-954-5779 or 1-800-565-7757 publications@pwgsc.gc.ca http://publications.gc.ca
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Third Session, Fortieth Parliament, 59 Elizabeth II, 2010
STATUTES OF CANADA 2010
CHAPTER 21 An Act respecting the safety of consumer products
ASSENTED TO 15th DECEMBER, 2010 BILL C-36
RECOMMENDATION Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act respecting the safety of consumer products”.
SUMMARY This enactment modernizes the regulatory regime for consumer products in Canada. It creates prohibitions with respect to the manufacturing, importing, selling, advertising, packaging and labelling of consumer products, including those that are a danger to human health or safety. In addition, it establishes certain measures that will make it easier to identify whether a consumer product is a danger to human health or safety and, if so, to more effectively prevent or address the danger. It also creates application and enforcement mechanisms. This enactment also makes consequential amendments to the Hazardous Products Act.
Also available on the Parliament of Canada Web Site at the following address: http://www.parl.gc.ca
TABLE OF PROVISIONS
AN ACT RESPECTING THE SAFETY OF CONSUMER PRODUCTS Preamble SHORT TITLE 1.
Canada Consumer Product Safety Act INTERPRETATION
2. Definitions PURPOSE
3. Purpose
4. Consumer products
APPLICATION
PROHIBITIONS 5.
Consumer products in Schedule 2
6. Products that do not meet regulatory requirements
7. Manufacturer and importer
8. Advertising and selling
9. Misleading claims — package or label
10. Misleading claims — advertise or sell
11. False or misleading information
TESTS, STUDIES AND COMPILATION OF INFORMATION 12.
Tests, studies and information PREPARING AND MAINTAINING DOCUMENTS
13. Requirement DUTIES IN THE EVENT OF AN INCIDENT
14. Definition of “incident” DISCLOSURE OF INFORMATION BY THE MINISTER
15. Personal information
16. Confidential business information — agreement
i 17.
Confidential business information — serious and imminent danger
18. For greater certainty INSPECTORS
19. Number of inspectors
20. Obstruction and false statements INSPECTION
21. Authority to enter place
22. Warrant or consent required to enter dwelling-house PROCEDURES FOLLOWING SEIZURE
23. Interference
24. Storage of things seized
25. Release of things seized
26. Forfeiture — thing unclaimed
27. Forfeiture — conviction for offence
28. Forfeiture — on consent ANALYSIS
29. Analysts
30. Analysis and examination ORDERS FOR RECALLS AND TAKING MEASURES
31. Recall
32. Taking measures
33. Recall or measures taken by Minister REVIEW OF ORDERS FOR RECALLS AND TAKING MEASURES
34. Review officer
35. Request for review INJUNCTION
36. Court REGULATIONS
37. Governor in Council
38. Proposed regulation to be laid before Parliament
39. Exceptions
ii INTERIM ORDERS 40.
Regulations OFFENCES
41. Offence
42. Offences by corporate officers, etc.
43. Offences by employees, agents or mandataries
44. Continuing offence
45. Venue
46. Limitation period
47. Admissibility of evidence
48. Self-incrimination ADMINISTRATIVE MONETARY PENALTIES VIOLATION
49. Commission of violation POWERS OF THE GOVERNOR IN COUNCIL AND MINISTER
50. Regulations
51. Notices of violation PROCEEDINGS
52. Issuance of notice of violation PENALTIES
53. Payment COMPLIANCE AGREEMENTS
54. Compliance agreements
55. Refusal to enter into compliance agreement REVIEW BY THE MINISTER
56. Review — with respect to facts
57. Debts to Her Majesty
58. Certificate of default
59. Certain defences not available
60. Burden of proof
ENFORCEMENT
RULES OF LAW ABOUT VIOLATIONS
iv 61.
Violation by corporate officers, etc.
62. Vicarious liability — acts of employees and agents
63. Continuing violation
64. Forfeiture OTHER PROVISIONS
65. Evidence
66. Time limit GENERAL PROVISIONS
67. Committee
68. Statutory Instruments Act
69. How act or omission may be proceeded with
70. Certification by Minister
71. Publication of information about contraventions
CONSEQUENTIAL AMENDMENTS TO THE HAZARDOUS PRODUCTS ACT 72-75.
Amendments COMING INTO FORCE
76. Order in council
SCHEDULE 1 SCHEDULE 2
59 ELIZABETH II —————— CHAPTER 21 An Act respecting the safety of consumer products [Assented to 15th December, 2010]
Preamble
Whereas the Parliament of Canada recognizes the objective of protecting the public by addressing dangers to human health or safety that are posed by consumer products; Whereas the Parliament of Canada recognizes that the growing number of consumer products that flow across the borders of an increasingly global marketplace make the realization of that objective a challenge; Whereas the Parliament of Canada recognizes that along with the Government of Canada, individuals and suppliers of consumer products have an important role to play in addressing dangers to human health or safety that are posed by consumer products; Whereas the Parliament of Canada wishes to foster cooperation within the Government of Canada, between the governments in this country and with foreign governments and international organizations, in particular by sharing information, in order to effectively address those dangers; Whereas the Parliament of Canada recognizes that, given the impact activities with respect to consumer products may have on the environment, there is a need to create a regulatory system regarding consumer products that is complementary to the regulatory system regarding the environment;
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Whereas the Parliament of Canada recognizes that a lack of full scientific certainty is not to be used as a reason for postponing measures that prevent adverse effects on human health if those effects could be serious or irreversible; And whereas the Parliament of Canada recognizes that the application of effective measures to encourage compliance with the federal regulatory system for consumer products is key to addressing the dangers to human health or safety posed by those products;
Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: SHORT TITLE Short title
1. This Act may be cited as the Canada Consumer Product Safety Act. INTERPRETATION
Definitions
“advertisement” « publicité »
“analyst” « analyste »
“article to which this Act or the regulations apply” « article visé par la présente loi ou les règlements »
2. The following definitions apply in this Act. “advertisement” includes a representation by any means for the purpose of promoting directly or indirectly the sale of a consumer product. “analyst” means an individual designated as an analyst under section 29 or under section 28 of the Food and Drugs Act. “article to which this Act or the regulations apply” means (a) a consumer product; (b) anything used in the manufacturing, importation, packaging, storing, advertising, selling, labelling, testing or transportation of a consumer product; or (c) a document that is related to any of those activities or a consumer product.
2010 “confidential business information” « renseignements commerciaux confidentiels »
Sécurité des produit “confidential business information” — in respect of a person to whose business or affairs the information relates — means business information (a) that is not publicly available; (b) in respect of which the person has taken measures that are reasonable in the circumstances to ensure that it remains not publicly available; and (c) that has actual or potential economic value to the person or their competitors because it is not publicly available and its disclosure would result in a material financial loss to the person or a material financial gain to their competitors.
“consumer product” « produit de consommation »
“danger to human health or safety” « danger pour la santé ou la sécurité humaines »
“document” « document »
“government” « administration »
“consumer product” means a product, including its components, parts or accessories, that may reasonably be expected to be obtained by an individual to be used for non-commercial purposes, including for domestic, recreational and sports purposes, and includes its packaging. “danger to human health or safety” means any unreasonable hazard — existing or potential — that is posed by a consumer product during or as a result of its normal or foreseeable use and that may reasonably be expected to cause the death of an individual exposed to it or have an adverse effect on that individual’s health — including an injury — whether or not the death or adverse effect occurs immediately after the exposure to the hazard, and includes any exposure to a consumer product that may reasonably be expected to have a chronic adverse effect on human health. “document” means anything on which information that is capable of being understood by a person, or read by a computer or other device, is recorded or marked. “government” means any of the following or their institutions: (a) the federal government; (b) a corporation named in Schedule III to the Financial Administration Act; (c) a provincial government or a public body established under an Act of the legislature of a province;
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(d) an aboriginal government as defined in subsection 13(3) of the Access to Information Act; (e) a government of a foreign state or of a subdivision of a foreign state; or (f) an international organization of states. “import” « importer »
“inspector” « inspecteur »
“manufacture” « fabrication »
“Minister” « ministre »
“person” « personne »
“personal information” « renseignements personnels »
“prescribed” Version anglaise seulement “review officer” « réviseur »
“sell” « vente »
“storing” « entreposage »
“import” means to import into Canada. “inspector” means an individual designated as an inspector under subsection 19(2). “manufacture” includes produce, formulate, repackage and prepare, as well as recondition for sale. “Minister” means the Minister of Health. “person” means an individual or an organization as defined in section 2 of the Criminal Code. “personal information” has the same meaning as in section 3 of the Privacy Act. “prescribed” means prescribed by regulation.
“review officer” means an individual designated as a review officer under section 34. “sell” includes offer for sale, expose for sale or have in possession for sale — or distribute to one or more persons, whether or not the distribution is made for consideration — and includes lease, offer for lease, expose for lease or have in possession for lease. “storing” does not include the storing of a consumer product by an individual for their personal use. PURPOSE
Purpose
3. The purpose of this Act is to protect the public by addressing or preventing dangers to human health or safety that are posed by consumer products in Canada, including those that circulate within Canada and those that are imported.
Sécurité des produit APPLICATION
Consumer products
4. (1) This Act applies to consumer products with the exception of those listed in Schedule 1.
Tobacco products
(2) This Act applies to tobacco products as defined in section 2 of the Tobacco Act but only in respect of their ignition propensity.
Natural health products
(3) For greater certainty, this Act does not apply to natural health products as defined in subsection 1(1) of the Natural Health Products Regulations made under the Food and Drugs Act. PROHIBITIONS
Consumer products in Schedule 2
5. No person shall manufacture, import, advertise or sell a consumer product listed in Schedule 2.
Products that do not meet regulatory requirements
6. No person shall manufacture, import, advertise or sell a consumer product that does not meet the requirements set out in the regulations.
Manufacturer and importer
7. No manufacturer or importer shall manufacture, import, advertise or sell a consumer product that (a) is a danger to human health or safety; (b) is the subject of a recall order made under section 31 or such an order that is reviewed under section 35 or is the subject of a voluntary recall in Canada because the product is a danger to human health or safety; or (c) is the subject of a measure that the manufacturer or importer has not carried out but is required to carry out under an order made under section 32 or such an order that is reviewed under section 35.
Advertising and selling
8. No person shall advertise or sell a consumer product that they know (a) is a danger to human health or safety;
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(b) is the subject of a recall order made under section 31 or such an order that is reviewed under section 35 or is the subject of a voluntary recall in Canada because the product is a danger to human health or safety; or (c) is the subject of a measure that has not been carried out but is required to be carried out under an order made under section 32 or such an order that is reviewed under section 35. Misleading claims — package or label
9. No person shall package or label a consumer product (a) in a manner — including one that is false, misleading or deceptive — that may reasonably be expected to create an erroneous impression regarding the fact that it is not a danger to human health or safety; or (b) in a manner that is false, misleading or deceptive regarding its certification related to its safety or its compliance with a safety standard or the regulations.
Misleading claims — advertise or sell
10. No person shall advertise or sell a consumer product that they know is advertised, packaged or labelled in a manner referred to in section 9.
False or misleading information
11. No person shall knowingly provide the Minister with false or misleading information in relation to a matter under this Act or the regulations. TESTS, STUDIES AND COMPILATION OF INFORMATION
Tests, studies and information
12. The Minister may, by written notice, order any person who manufactures or imports a consumer product for commercial purposes to (a) conduct tests or studies on the product in order to obtain the information that the Minister considers necessary to verify compliance or prevent non-compliance with this Act or the regulations;
Sécurité des produit (b) compile any information that the Minister considers necessary to verify compliance or prevent non-compliance with this Act or the regulations; and (c) provide him or her with the documents that contain that information and the results of the tests or studies in the time and manner that the Minister specifies. PREPARING AND MAINTAINING DOCUMENTS
Requirement
13. (1) Any person who manufactures, imports, advertises, sells or tests a consumer product for commercial purposes shall prepare and maintain (a) documents that indicate (i) in the case of a retailer, the name and address of the person from whom they obtained the product and the location where and the period during which they sold the product, and (ii) in name whom whom and
the case of any other person, the and address of the person from they obtained the product or to they sold it, or both, as applicable;
(b) the prescribed documents. Period for keeping documents
(2) The person shall keep the documents until the expiry of six years after the end of the year to which they relate or for any other period that may be prescribed.
Keeping and providing documents in Canada
(3) The person shall keep the documents at their place of business in Canada or at any prescribed place and shall, on written request, provide the Minister with them.
Exemption — outside Canada
(4) The Minister may, subject to any terms and conditions that he or she may specify, exempt a person from the requirement to keep documents in Canada if the Minister considers it unnecessary or impractical for the person to keep them in Canada.
Importation
(5) A person who imports a consumer product for commercial purposes shall, no later than at the time of the product’s importation,
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provide the Minister with those documents referred to in paragraph (1)(b) that are specified in the regulations. DUTIES IN THE EVENT OF AN INCIDENT Definition of “incident”
14. (1) In this section, “incident” means, with respect to a consumer product, (a) an occurrence in Canada or elsewhere that resulted or may reasonably have been expected to result in an individual’s death or in serious adverse effects on their health, including a serious injury; (b) a defect or characteristic that may reasonably be expected to result in an individual’s death or in serious adverse effects on their health, including a serious injury; (c) incorrect or insufficient information on a label or in instructions — or the lack of a label or instructions — that may reasonably be expected to result in an individual’s death or in serious adverse effects on their health, including a serious injury; or (d) a recall or measure that is initiated for human health or safety reasons by (i) a foreign entity, (ii) a provincial government, (iii) a public body that is established under an Act of the legislature of a province, (iv) an aboriginal government as defined in subsection 13(3) of the Access to Information Act, or (v) an institution of an entity referred to in subparagraphs (ii) to (iv).
Requirement to provide information
(2) A person who manufactures, imports or sells a consumer product for commercial purposes shall provide the Minister and, if applicable, the person from whom they received the consumer product with all the information in their control regarding any incident related to the product within two days after the day on which they become aware of the incident.
Report
(3) The manufacturer of the consumer product, or if the manufacturer carries on business outside Canada, the importer, shall provide the
Sécurité des produit Minister with a written report — containing information about the incident, the product involved in the incident, any products that they manufacture or import, as the case may be, that to their knowledge could be involved in a similar incident and any measures they propose be taken with respect to those products — within 10 days after the day on which they become aware of the incident or within the period that the Minister specifies by written notice. DISCLOSURE OF INFORMATION BY THE MINISTER
Personal information
15. (1) The Minister may disclose personal information to a person or a government that carries out functions relating to the protection of human health or safety without the consent of the individual to whom the personal information relates if the disclosure is necessary to identify or address a serious danger to human health or safety.
Privacy Act not affected
(2) For greater certainty, nothing in this section affects the provisions of the Privacy Act.
Confidential business information — agreement
16. The Minister may disclose confidential business information to a person or a government that carries out functions relating to the protection of human health or safety or the environment — in relation to a consumer product — without the consent of the person to whose business or affairs the information relates and without notifying that person if the person to whom or government to which the information may be disclosed agrees in writing to maintain the confidentiality of the information and to use it only for the purpose of carrying out those functions.
Confidential business information — serious and imminent danger
17. (1) The Minister may, without the consent of the person to whose business or affairs the information relates and without notifying that person beforehand, disclose confidential business information about a consumer product that is a serious and imminent danger to human
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health or safety or the environment, if the disclosure of the information is essential to address the danger. Disclosure of information — notification
(2) If the Minister discloses confidential business information under subsection (1), he or she shall, not later than the next business day following the disclosure, notify the person to whose business or affairs the information relates.
Definition of “business day”
(3) In this section, “business day” means a day other than a Saturday or a holiday.
For greater certainty
18. For greater certainty, the Minister may disclose to the public information about a danger to human health or safety that a consumer product poses. INSPECTORS
Number of inspectors
19. (1) The Minister shall decide on the number of inspectors sufficient for the purpose of the administration and enforcement of this Act and the regulations.
Designation
(2) The Minister may designate an individual as an inspector for the purpose of the administration and enforcement of this Act and the regulations.
Certificate to be produced
(3) An inspector shall be given a certificate in a form established by the Minister attesting to the inspector’s designation and, on entering a place under subsection 21(1), the inspector shall, on request, produce the certificate to the person in charge of that place.
Obstruction and false statements
20. No person shall knowingly obstruct, hinder or make a false or misleading statement either orally or in writing to an inspector who is carrying out their functions. INSPECTION
Authority to enter place
21. (1) Subject to subsection 22(1), an inspector may, for the purpose of verifying compliance or preventing non-compliance with this Act or the regulations, at any reasonable time enter a place, including a conveyance, in which they have reasonable grounds to believe that a consumer product is manufactured,
Sécurité des produit imported, packaged, stored, advertised, sold, labelled, tested or transported, or a document relating to the administration of this Act or the regulations is located.
Powers
(2) The inspector may, for the purpose referred to in subsection (1), (a) examine or test anything — and take samples free of charge of an article to which this Act or the regulations apply — that is found in the place; (b) open a receptacle or package that is found in the place; (c) examine a document that is found in the place, make a copy of it or take an extract from it; (d) seize and detain for any time that may be necessary (i) an article to which this Act or the regulations apply that is found in the place, or (ii) the conveyance; (e) order the owner or person having possession, care or control of an article to which this Act or the regulations apply that is found in the place — or of the conveyance — to move it or, for any time that may be necessary, not to move it or to restrict its movement; (f) use or cause to be used a computer or other device that is at the place to examine a document that is contained in or available to a computer system or reproduce it or cause it to be reproduced in the form of a printout or other intelligible output and remove the output for examination or copying; (g) use or cause to be used copying equipment that is at the place and remove the copies for examination; (h) take photographs and make recordings and sketches; and (i) order the owner or person in charge of the place or a person who manufactures, imports, packages, stores, advertises, sells, labels, tests
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or transports a consumer product at the place to establish their identity to the inspector’s satisfaction or to stop or start the activity. Conveyance
(3) For the purpose of entering the conveyance, an inspector may order the owner or person having possession, care or control of the conveyance to stop it or move it to a place where the inspector can enter it.
Entering private property
(4) An inspector who is carrying out their functions and any person accompanying them may enter on or pass through or over private property.
Assistance and information to be given to inspector
(5) The owner or person in charge of the place and every person found in the place shall give an inspector who is carrying out their functions all reasonable assistance and provide them with any information that they may reasonably require.
Warrant or consent required to enter dwelling-house
22. (1) If the place mentioned in subsection 21(1) is a dwelling-house, an inspector may not enter it without the consent of the occupant except under the authority of a warrant issued under subsection (2).
Authority to issue warrant
(2) A justice of the peace may, on ex parte application, issue a warrant authorizing, subject to the conditions specified in the warrant, the person who is named in it to enter a dwellinghouse if the justice of the peace is satisfied by information on oath that (a) the dwelling-house is a place described in subsection 21(1); (b) entry to the dwelling-house is necessary for the purposes referred to in subsection 21(1); and (c) entry to the dwelling-house was refused or there are reasonable grounds to believe that it will be refused or to believe that consent to entry cannot be obtained from the occupant.
Use of force
(3) In executing a warrant issued under subsection (2), the inspector may not use force unless they are accompanied by a peace officer and the use of force is authorized in the warrant.
2010 Telewarrant
Sécurité des produit (4) If an inspector believes that it would not be practical to appear personally to make an application for a warrant under subsection (2), a warrant may be issued by telephone or other means of telecommunication on application submitted by telephone or other means of telecommunication and section 487.1 of the Criminal Code applies for that purpose with any necessary modifications. PROCEDURES FOLLOWING SEIZURE
Interference
23. Except with the authority of an inspector, no person shall remove, alter or interfere in any way with anything seized under this Act.
Storage of things seized
24. An inspector who seizes a thing under this Act may (a) on notice to and at the expense of its owner or the person having possession, care or control of it at the time of its seizure, store it or move it to another place; or (b) order its owner or the person having possession, care or control of it at the time of its seizure to store it or move it to another place at their expense.
Release of things seized
25. An inspector who seizes a thing under this Act shall release it if they are satisfied that the provisions of this Act and the regulations with respect to it have been complied with.
Forfeiture — thing unclaimed
26. (1) A seized thing is, at Her election, forfeited to Her Majesty in right of Canada if (a) within 60 days after the seizure, no person is identified as its owner or as a person who is entitled to possess it; or (b) the owner or person who is entitled to possess it, within 60 days after the day on which they are notified that the inspector has released the seized thing, does not claim it.
Proceedings instituted
(2) Subsection (1) does not apply if proceedings are instituted in respect of an offence that relates to the thing that was seized.
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Disposal
(3) A seized thing that is forfeited may be disposed of at the expense of its owner or the person who was entitled to possess it at the time of its seizure.
Forfeiture — conviction for offence
27. (1) If a person is convicted of an offence under this Act, the court may order that a seized thing by means of or in relation to which the offence was committed be forfeited to Her Majesty in right of Canada.
Disposal
(2) A seized thing that is forfeited may be disposed of at the expense of its owner or the person who was entitled to possess it at the time of its seizure.
Forfeiture — on consent
28. If the owner of a seized thing consents to its forfeiture, the seized thing is forfeited to Her Majesty in right of Canada and may be disposed of at the expense of the owner.
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ANALYSIS Analysts
29. The Minister may designate any individual or class of individuals as analysts for the administration and enforcement of this Act and the regulations.
Analysis and examination
30. (1) An inspector may submit to an analyst, for analysis or examination, anything seized by the inspector, or any sample of it, or any samples taken by the inspector.
Certificate or report
(2) An analyst who has made an analysis or examination may issue a certificate or report setting out the results of the analysis or examination. ORDERS FOR RECALLS AND TAKING MEASURES
Recall
31. (1) If the Minister believes on reasonable grounds that a consumer product is a danger to human health or safety, he or she may order a person who manufactures, imports or sells the product for commercial purposes to recall it.
Notice
(2) The order shall be provided in the form of a written notice and must include (a) a statement of the reasons for the recall; and
Sécurité des produit (b) the time and manner in which the recall is to be carried out.
Taking measures
32. (1) The Minister may order a person who manufactures, imports, advertises or sells a consumer product to take any measure referred to in subsection (2) if (a) that person does not comply with an order made under section 12 with respect to the product; (b) the Minister has made an order under section 31 with respect to the product; (c) the Minister believes on reasonable grounds that the product is the subject of a measure or recall undertaken voluntarily by the manufacturer or importer; or (d) the Minister believes on reasonable grounds that there is a contravention of this Act or the regulations in relation to the product.
Measures
(2) The measures include (a) stopping the manufacturing, importation, packaging, storing, advertising, selling, labelling, testing or transportation of the consumer product or causing any of those activities to be stopped; and (b) any measure that the Minister considers necessary to remedy a non-compliance with this Act or the regulations, including any measure that relates to the product that the Minister considers necessary in order for the product to meet the requirements of the regulations or to address or prevent a danger to human health or safety that the product poses.
Notice
(3) The order shall be provided in the form of a written notice and must include (a) a statement of the reasons for the measure; and (b) the time and manner in which the measure is to be carried out.
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Recall or measures taken by Minister
33. If a person does not comply with an order made under section 31 or 32 within the time specified, the Minister may, on his or her own initiative and at that person’s expense, carry out the recall or measure required.
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REVIEW OF ORDERS FOR RECALLS AND TAKING MEASURES Review officer
34. The Minister may designate any individual or class of individuals that are qualified as review officers for the purpose of reviewing orders under section 35.
Request for review
35. (1) Subject to any other provision of this section, an order that is made under section 31 or 32 shall be reviewed on the written request of the person who was ordered to recall a consumer product or to take another measure — but only on grounds that involve questions of fact alone or questions of mixed law and fact — by a review officer other than the individual who made the order.
Contents of and time for making request
(2) The written request must state the grounds for review and set out the evidence — including evidence that was not considered by the individual who made the order — that supports those grounds and the decision that is sought. It shall be provided to the Minister within seven days after the day on which the order was provided or, in the event of a serious and imminent danger to human health or safety, any shorter period that may be specified in the order.
No authority to review
(3) The review is not to be done if the request does not comply with subsection (2) or is frivolous, vexatious or not made in good faith.
Reasons for refusal
(4) The person who made the request shall, without delay, be notified in writing of the reasons for not doing the review.
Review initiated by review officer
(5) A review officer — other than the individual who made the order — may review an order, whether or not a request is made under subsection (1).
Order in effect
(6) An order continues to apply during a review unless the review officer decides otherwise.
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Completion of review
(7) A review officer shall complete the review no later than 30 days after the day on which the request is provided to the Minister.
Extension of period for review
(8) The review officer may extend the review period by no more than 30 days if they are of the opinion that more time is required to complete the review. They may extend the review period more than once.
Reasons for extension
(9) If the review period is extended, the person who made the request shall, without delay, be notified in writing of the reasons for extending it.
Decision on completion of review
(10) On completion of a review, the review officer shall confirm, amend, terminate or cancel the order.
Notice
(11) The person who made the request or, if there is no request, the person who was ordered to recall the consumer product or to take another measure shall, without delay, be notified in writing of the reasons for the review officer’s decision under subsection (10).
Effect of amendment
(12) An order that is amended is subject to review under this section. INJUNCTION
Court
36. (1) If, on the application of the Minister, it appears to a court of competent jurisdiction that a person has done or is about to do or is likely to do an act or thing that constitutes or is directed toward the commission of an offence under this Act, the court may issue an injunction ordering the person who is named in the application to (a) refrain from doing an act or thing that it appears to the court may constitute or be directed toward the commission of an offence under this Act; or (b) do an act or thing that it appears to the court may prevent the commission of an offence under this Act.
Notice
(2) No injunction shall be issued under subsection (1) unless 48 hours’ notice is served to the party or parties who are named in the
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application or the urgency of the situation is such that service of notice would not be in the public interest. REGULATIONS Governor in Council
37. (1) The Governor in Council may make regulations for carrying out the purposes and provisions of this Act, including regulations (a) exempting, with or without conditions, a consumer product or class of consumer products from the application of this Act or the regulations or a provision of this Act or the regulations, including exempting consumer products manufactured in Canada for the purpose of export or imported solely for the purpose of export; (b) exempting, with or without conditions, a class of persons from the application of this Act or the regulations or a provision of this Act or the regulations in relation to a consumer product or class of consumer products; (c) amending Schedule 1 or 2 by adding or deleting a consumer product or class of consumer products; (d) respecting the preparation and maintenance of documents, including by specifying the documents to be prepared and maintained, where they may be kept and for how long; (e) specifying the documents that an importer shall provide the Minister with under subsection 13(5); (f) respecting the manufacturing, importation, packaging, storing, sale, advertising, labelling, testing or transportation of a consumer product or class of consumer products; (g) prohibiting the manufacturing, importation, packaging, storing, sale, advertising, labelling, testing or transportation of a consumer product or class of consumer products; (h) respecting the communication of warnings or other health or safety information to the public by a person who manufactures, imports, advertises or sells a consumer
Sécurité des produit product or class of consumer products, including by way of a product’s label or instructions; (i) respecting the time and manner in which information, notices and documents are to be provided or served under this Act; (j) respecting the designation or recognition of persons or classes of persons who would be authorized to certify that a consumer product or class of consumer products meets the applicable requirements and respecting their functions in relation to that certification; (k) respecting the performance of an inspector’s, analyst’s or review officer’s functions and the circumstances in which an inspector or a review officer may exercise their powers; (l) respecting the taking of samples or the seizure, detention, forfeiture or disposal of anything under this Act; (m) respecting the recall of a consumer product or class of consumer products; (n) respecting the measures referred to in section 32; (o) respecting the review of orders under section 35; and (p) prescribing anything that by this Act is to be prescribed.
Externally produced material
(2) A regulation made under this Act may incorporate by reference documents produced by a person or body other than the Minister including by (a) an organization established for the purpose of writing standards, including an organization accredited by the Standards Council of Canada; (b) an industrial or trade organization; or
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(c) a government. Reproduced or translated material
(3) A regulation made under this Act may incorporate by reference documents that the Minister reproduces or translates from documents produced by a body or person other than the Minister (a) with any adaptations of form and reference that will facilitate their incorporation into the regulation; or (b) in a form that sets out only the parts of them that apply for the purposes of the regulation.
Jointly produced documents
(4) A regulation made under this Act may incorporate by reference documents that the Minister produces jointly with another government for the purpose of harmonizing the regulation with other laws.
Internally produced standards
(5) A regulation made under this Act may incorporate by reference technical or explanatory documents that the Minister produces, including (a) specifications, classifications, illustrations, graphs or other information of a technical nature; and (b) test methods, procedures, operational standards, safety standards or performance standards of a technical nature.
Incorporation as amended from time to time
(6) Documents may be incorporated by reference as amended from time to time.
For greater certainty
(7) Subsections (2) to (6) are for greater certainty and do not limit any authority to make regulations incorporating material by reference that exists apart from those subsections.
Proposed regulation to be laid before Parliament
38. (1) Before a regulation is made under paragraph 37(1)(a), (b) or (c), the Minister shall cause the proposed regulation to be laid before each House of Parliament.
Report by committee — Senate
(2) The proposed regulation may be referred to an appropriate committee of the Senate, as determined by its rules, which may review the proposed regulation and report its findings to the Senate.
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Report by committee — House of Commons
(3) The proposed regulation shall be referred to the Standing Committee on Health of the House of Commons or, if there is not a Standing Committee on Health, the appropriate committee of the House of Commons, as determined by its rules, which may review the proposed regulation and report its findings to the House of Commons.
Making of regulations
(4) A regulation may not be made before the earliest of (a) 30 sitting days after the proposed regulation is laid before both Houses of Parliament, (b) 90 calendar days after the proposed regulation is laid before both Houses of Parliament, and (c) the day after each appropriate committee has reported its findings with respect to the proposed regulation.
Explanation
(5) The Minister shall take into account any report of the committee of either House. If a regulation does not incorporate a recommendation of the committee of either House, the Minister shall cause to be laid before that House a statement of the reasons for not incorporating it.
Alteration
(6) A proposed regulation that has been laid before both Houses of Parliament need not again be so laid prior to the making of the regulation, whether it has been altered or not.
Definition of “sitting day”
(7) For the purpose of subsection (4), “sitting day” means a day on which either House of Parliament sits.
Exceptions
39. (1) A regulation may be made without being laid before either House of Parliament if the Minister is of the opinion that (a) the changes made by the regulation to an existing regulation are so immaterial or insubstantial that section 38 should not apply in the circumstances; or (b) the regulation must be made immediately in order to protect the health or safety of any person.
Notice of opinion
(2) If a regulation is made without being laid before both Houses of Parliament, the Minister shall cause a statement of his or her reasons to
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be laid before each House of Parliament within the first 30 days on which that House is sitting after the regulation is made. INTERIM ORDERS Regulations
40. (1) The Minister may make an interim order that contains any provision that may be contained in a regulation made under this Act if he or she believes that immediate action is required to deal with a significant danger — direct or indirect — to human health or safety.
Cessation of effect
(2) An interim order has effect from the time that it is made but ceases to have effect on the earliest of (a) 14 days after it is made, unless it is approved by the Governor in Council, (b) the day on which it is repealed, (c) the day on which a regulation made under this Act that has the same effect as the interim order comes into force, and (d) one year after the interim order is made or any shorter period that may be specified in the interim order.
Exemption from Statutory Instruments Act
(3) An interim order is exempt from the application of sections 3 and 9 of the Statutory Instruments Act.
Deeming
(4) For the purpose of any provision of this Act other than this section, any reference to regulations made under this Act is deemed to include interim orders, and any reference to a regulation made under a specified provision of this Act is deemed to include a reference to the portion of an interim order containing any provision that may be contained in a regulation made under the specified provision.
Tabling of order
(5) A copy of each interim order must be tabled in each House of Parliament within 15 days after it is made.
House not sitting
(6) In order to comply with subsection (5), the interim order may be sent to the Clerk of the House if the House is not sitting.
Sécurité des produit OFFENCES
Offence
41. (1) A person who contravenes a provision of this Act, other than section 8, 10, 11 or 20, a provision of the regulations or an order made under this Act is guilty of an offence and is liable (a) on conviction on indictment, to a fine of not more than $5,000,000 or to imprisonment for a term of not more than two years or to both; or (b) on summary conviction, for a first offence, to a fine of not more than $250,000 or to imprisonment for a term of not more than six months or to both and, for a subsequent offence, to a fine of not more than $500,000 or to imprisonment for a term of not more than 18 months or to both.
Defence of due diligence
(2) Due diligence is a defence in a prosecution for an offence under subsection (1).
Offence — fault
(3) A person who contravenes section 8, 10, 11 or 20 or who knowingly or recklessly contravenes another provision of this Act, a provision of the regulations or an order made under this Act is guilty of an offence and is liable (a) on conviction on indictment, to a fine in an amount that is at the discretion of the court or to imprisonment for a term of not more than five years or to both; or (b) on summary conviction, for a first offence, to a fine of not more than $500,000 or to imprisonment for a term of not more than 18 months or to both and, for a subsequent offence, to a fine of not more than $1,000,000 or to imprisonment for a term of not more than two years or to both.
Sentencing considerations
(4) A court that imposes a sentence shall take into account, in addition to any other principles that it is required to consider, the harm or risk of harm caused by the commission of the offence and the vulnerability of individuals who use the consumer product.
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Offences by corporate officers, etc.
42. If a person other than an individual commits an offence under this Act, any of the person’s directors, officers, agents or mandataries who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to the offence and is liable on conviction to the punishment provided for by this Act, even if the person is not prosecuted for the offence.
Offences by employees, agents or mandataries
43. In a prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by any employee, agent or mandatary of the accused, even if the employee, agent or mandatary is not identified or is not prosecuted for the offence.
Continuing offence
44. If an offence under this Act is committed or continued on more than one day, it constitutes a separate offence for each day on which it is committed or continued.
Venue
45. A prosecution for an offence under this Act may be instituted, heard and determined
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(a) in the place where the offence was committed or the subject-matter of the prosecution arose; (b) where the accused was apprehended; or (c) where the accused happens to be or is carrying on business. Limitation period
46. Proceedings by way of summary conviction in respect of an offence under this Act may be instituted at any time within two years after the time the Minister becomes aware of the acts or omissions that constitute the alleged offence.
Admissibility of evidence
47. (1) In proceedings for an offence under this Act, a declaration, certificate, report or other document of the Minister or an inspector, analyst or review officer purporting to have been signed by that person is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and, in the absence of evidence to the contrary, is proof of the matters asserted in it.
Copies and extracts
(2) In proceedings for an offence under this Act, a copy of or an extract from any document that is made by the Minister or an inspector, analyst or review officer that appears to have
Sécurité des produit been certified under the signature of that person as a true copy or extract is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and, in the absence of evidence to the contrary, has the same probative force as the original would have if it were proved in the ordinary way.
Presumed date of issue
(3) A document referred to in this section is, in the absence of evidence to the contrary, presumed to have been issued on the date that it bears.
Notice
(4) No document referred to in this section may be received in evidence unless the party intending to produce it has provided reasonable notice of that intention on the party against whom it is intended to be produced together with a duplicate of the document.
Selfincrimination
48. The information and results contained in the documents that a person provides under an order made under section 12 may not be used or received to incriminate the person in any proceeding against them in respect of an offence under this Act. ADMINISTRATIVE MONETARY PENALTIES VIOLATION
Commission of violation
49. Every person who contravenes an order that is made under section 31 or 32 or reviewed under section 35 commits a violation and is liable to the penalty established in accordance with the regulations. POWERS OF THE GOVERNOR IN COUNCIL AND MINISTER
Regulations
50. (1) The Governor in Council may make regulations (a) fixing a penalty, or a range of penalties, in respect of each violation; (b) classifying each violation as a minor violation, a serious violation or a very serious violation; (c) respecting the circumstances under which, the criteria by which and the manner in which a penalty may be increased or
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reduced, including a reduction in the amount that is provided for in a compliance agreement; and (d) respecting the determination of a lesser amount that may be paid as complete satisfaction of a penalty if paid in the prescribed time and manner. Maximum penalties
Notices of violation
(2) The maximum penalty for a violation is $5,000 in the case of a violation committed by a non-profit organization — or by any other person for non-commercial purposes — and $25,000 in any other case. 51. The Minister may (a) designate individuals, or classes of individuals, who are authorized to issue notices of violation; and (b) establish, in respect of each violation, a short-form description to be used in notices of violation. PROCEEDINGS
Issuance of notice of violation
52. (1) If a person designated under paragraph 51(a) believes on reasonable grounds that a person has committed a violation, the designated person may issue, and shall provide the person with, a notice of violation that (a) sets out the person’s name; (b) identifies the alleged violation; (c) sets out the penalty for the violation that the person is liable to pay; (d) sets out the particulars concerning the time and manner of payment; and (e) subject to the regulations, sets out a lesser amount that may be paid as complete satisfaction of the penalty if paid in the prescribed time and manner.
Summary of rights
(2) A notice of violation must clearly summarize, in plain language, the rights and obligations under this section and sections 53 to 66 of the person named in it, including the right to have the acts or omissions that constitute the
Sécurité des produit alleged violation or the amount of the penalty reviewed and the procedure for requesting that review. PENALTIES
Payment
53. (1) If the person named in the notice pays, in the prescribed time and manner, the amount of the penalty or, subject to the regulations, the lesser amount set out in a notice of violation that may be paid in lieu of the penalty, (a) they are deemed to have committed the violation in respect of which the amount is paid; (b) the Minister shall accept that amount as complete satisfaction of the penalty; and (c) the proceedings commenced in respect of the violation under section 52 are ended.
Alternatives to payment
(2) Instead of paying the penalty set out in a notice of violation or, if applicable, the lesser amount that may be paid in lieu of the penalty, the person named in the notice may, in the prescribed time and manner, (a) if the penalty is $5,000 or more, request to enter into a compliance agreement with the Minister that ensures the person’s compliance with the order to which the violation relates; or (b) request a review by the Minister of the acts or omissions that constitute the alleged violation or the amount of the penalty.
Deeming
(3) If the person named in the notice of violation does not pay the penalty in the prescribed time and manner or, if applicable, the lesser amount that may be paid in lieu of the penalty, and does not exercise any right referred to in subsection (2) in the prescribed time and manner, they are deemed to have committed the violation identified in the notice. COMPLIANCE AGREEMENTS
Compliance agreements
54. (1) After considering a request under paragraph 53(2)(a), the Minister may enter into a compliance agreement, as described in that paragraph, with the person making the request on any terms and conditions that are satisfactory to the Minister, which terms and conditions may
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(a) include a provision for the giving of reasonable security, in a form and in an amount satisfactory to the Minister, as a guarantee that the person will comply with the compliance agreement; and (b) provide for the reduction, in whole or in part, of the penalty for the violation. Deeming
(2) A person who enters into a compliance agreement with the Minister is, on doing so, deemed to have committed the violation in respect of which the compliance agreement was entered into.
If compliance agreement complied with
(3) If the Minister is satisfied that a person who has entered into a compliance agreement has complied with it, the Minister shall cause a notice to that effect to be provided to the person, at which time (a) the proceedings commenced in respect of the violation under section 52 are ended; and (b) any security given by the person under the compliance agreement shall be returned to the person.
If compliance agreement not complied with
(4) If the Minister is of the opinion that a person who has entered into a compliance agreement has not complied with it, the Minister shall cause a notice of default to be provided to the person to the effect that (a) instead of the penalty set out in the notice of violation in respect of which the compliance agreement was entered into, the person is liable to pay, in the prescribed time and manner, twice the amount of that penalty and, for greater certainty, subsection 50(2) does not apply in respect of that amount; or (b) the security, if any, given by the person under the compliance agreement shall be forfeited to Her Majesty in right of Canada.
Effect of notice of default
(5) Once provided with the notice of default, the person may not deduct from the amount set out in the notice any amount they spent under the compliance agreement and (a) is liable to pay the amount set out in the notice; or
Sécurité des produit (b) if the notice provides for the forfeiture of the security given under the compliance agreement, that security is forfeited to Her Majesty in right of Canada and the proceedings commenced in respect of the violation under section 52 are ended.
Effect of payment
(6) If a person pays the amount set out in a notice of default under subsection (4) in the prescribed time and manner, (a) the Minister shall accept the amount as complete satisfaction of the amount owing; and (b) the proceedings commenced in respect of the violation under section 52 are ended.
Refusal to enter into compliance agreement
55. (1) If the Minister refuses to enter into a compliance agreement pursuant to a request under paragraph 53(2)(a), the person who made the request is liable to pay the amount of the penalty in the prescribed time and manner.
Effect of payment
(2) If a person pays the amount referred to in subsection (1), (a) they are deemed to have committed the violation in respect of which the payment is made; (b) the Minister shall accept the amount as complete satisfaction of the penalty; and (c) the proceedings commenced in respect of the violation under section 52 are ended.
Deeming
(3) If a person does not pay the amount referred to in subsection (1) in the prescribed time and manner, they are deemed to have committed the violation identified in the notice of violation. REVIEW BY THE MINISTER
Review — with respect to facts
56. (1) On completion of a review requested under paragraph 53(2)(b) with respect to the acts or omissions that constitute the alleged violation, the Minister shall determine whether the person requesting the review committed the violation. If the Minister determines that the person committed the violation but that the amount of the penalty was not established in accordance with the regulations, the Minister shall correct the amount and cause a notice of
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any decision under this subsection to be provided to the person who requested the review. Review — with respect to penalty
(2) On completion of a review requested under paragraph 53(2)(b), with respect to the amount of the penalty, if the Minister determines that the amount of the penalty was not established in accordance with the regulations, the Minister shall correct the amount and cause a notice of any decision under this subsection to be provided to the person who requested the review.
Payment
(3) If the Minister determines under subsection (1) that a person committed a violation, the person is liable to pay the amount of the penalty confirmed or corrected in that decision in the prescribed time and manner.
Effect of payment
(4) If a person pays the amount referred to in subsection (3), (a) the Minister shall accept the amount as complete satisfaction of the penalty; and (b) the proceedings commenced in respect of the violation under section 52 are ended.
Written evidence and submissions
(5) The Minister is to consider only written evidence and written submissions in determining whether a person committed a violation or whether a penalty was established in accordance with the regulations. ENFORCEMENT
Debts to Her Majesty
57. (1) The following amounts constitute debts due to Her Majesty in right of Canada that may be recovered as such in the Federal Court: (a) the amount of a penalty, from the time the notice of violation setting out the penalty is provided; (b) every amount set out in a compliance agreement entered into with the Minister under subsection 54(1), from the time the compliance agreement is entered into; (c) the amount set out in a notice of default referred to in subsection 54(4), from the time the notice is provided;
Sécurité des produit (d) the amount of a penalty as set out in a decision of the Minister under subsection 56(1) or (2), from the time the notice under that subsection is provided; and (e) the amount of any reasonable expenses incurred under section 64, from the date they are incurred.
Time limit
(2) No proceedings to recover a debt referred to in subsection (1) may be commenced later than five years after the debt became payable.
Debt final
(3) A debt referred to in subsection (1) is final and not subject to review or to be restrained, prohibited, removed, set aside or otherwise dealt with except to the extent and in the manner provided by sections 53 to 56.
Certificate of default
58. (1) Any debt referred to in subsection 57(1) in respect of which there is a default of payment, or the part of any such debt that has not been paid, may be certified by the Minister.
Judgments
(2) On production to the Federal Court, the certificate shall be registered in that Court and, when registered, has the same force and effect, and all proceedings may be taken on the certificate, as if it were a judgment obtained in that Court for a debt of the amount specified in it and all reasonable costs and charges associated with the registration of the certificate. RULES OF LAW ABOUT VIOLATIONS
Certain defences not available
59. (1) A person named in a notice of violation does not have a defence by reason that the person (a) exercised due diligence to prevent the violation; or (b) reasonably and honestly believed in the existence of facts that, if true, would exonerate the person.
Common law principles
(2) Every rule and principle of the common law that renders any circumstance a justification or excuse in relation to a charge for an offence under this Act applies in respect of a violation to the extent that it is not inconsistent with this Act.
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Burden of proof
60. In every case where the facts of a violation are reviewed by the Minister, he or she must determine, on a balance of probabilities, whether the person named in the notice of violation committed the violation identified in the notice.
Violation by corporate officers, etc.
61. If a person other than an individual commits a violation under this Act, any of the person’s directors, officers, agents or mandataries who directed, authorized, assented to, acquiesced in or participated in the commission of the violation is a party to and liable for the violation whether or not the person who actually committed the violation is proceeded against in accordance with this Act.
Vicarious liability — acts of employees and agents
62. A person is liable for a violation that is committed by any employee, agent or mandatary of the person acting in the course of the employee’s employment or the scope of the agent or mandatary’s authority, whether or not the employee, agent or mandatary who actually committed the violation is identified or proceeded against in accordance with this Act.
Continuing violation
63. A violation that is continued on more than one day constitutes a separate violation in respect of each day on which it is continued.
Forfeiture
64. Anything seized under this Act that is the subject of a violation is, at Her election, immediately forfeited to Her Majesty in right of Canada and may be disposed of, at the expense of its owner or the person who was entitled to possess it at the time of its seizure, if
Consumer Pr
(a) the person is deemed by this Act to have committed the violation; or (b) the Minister, on the basis of a review under this Act, has determined that the person has committed the violation. OTHER PROVISIONS Evidence
65. In any proceeding for a violation or for a prosecution for an offence, a notice of violation purporting to be issued pursuant to this Act is admissible in evidence without proof of the signature or official character of the person appearing to have signed the notice of violation.
2010 Time limit
Sécurité des produit 66. No proceedings in respect of a violation may be commenced later than six months after the Minister becomes aware of the acts or omissions that constitute the alleged violation. GENERAL PROVISIONS
Committee
67. (1) The Minister shall establish a committee to provide him or her with advice on matters in connection with the administration of this Act, including the labelling of consumer products.
Advice available to public
(2) The committee shall make available to the public the advice it provided to the Minister.
Remuneration and travel and living expenses
(3) Committee members may be paid remuneration up to the amount that is fixed by the Governor in Council and are entitled to the reasonable travel and living expenses that they incur while performing their duties away from their ordinary place of residence.
Statutory Instruments Act
68. For greater certainty, orders made under this Act, except under section 40, are not statutory instruments within the meaning of the Statutory Instruments Act.
How act or omission may be proceeded with
69. If an act or omission can be proceeded with either as a violation or as an offence, proceeding in one manner precludes proceeding in the other.
Certification by Minister
70. A document appearing to have been issued by the Minister, certifying the day on which the acts or omissions that constitute the alleged offence or violation became known to the Minister, is admissible in evidence without proof of the signature or official character of the person appearing to have signed the document and, in the absence of evidence to the contrary, is proof that the Minister became aware of the acts or omissions on that day.
Publication of information about contraventions
71. The Minister may publish information about any contravention of this Act or the regulations, or any violation referred to in section 49, for the purpose of encouraging compliance with this Act and the regulations.
34 R.S., c. H-3
R.S., c. 24 (3rd Supp.), s. 1
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CONSEQUENTIAL AMENDMENTS TO THE HAZARDOUS PRODUCTS ACT 72. (1) The definitions “advertise”, “controlled product”, “hazardous product”, “prohibited product” and “restricted product” in section 2 of the Hazardous Products Act are repealed. (2) Section 2 of the Act is amended by adding the following in alphabetical order:
“controlled product” or “hazardous product” « produit contrôlé » ou « produit dangereux » R.S., c. 24 (3rd Supp.), s. 1, c. 15 (4th Supp.), s. 9(2); 1996, c. 8, s. 26; 1997, c. 9, s. 104; 2002, c. 28, s. 85; 2004, c. 9, ss. 1 and 2, c. 15, s. 67
R.S., c. 24 (3rd Supp.), s. 1
“controlled product” or “hazardous product” means any product, material or substance specified by the regulations made pursuant to paragraph 15(1)(a) to be included in any of the classes listed in Schedule II; 73. Part I of the Act is repealed.
74. Paragraph 12(f) of the Act is replaced by the following: (f) consumer product as defined in section 2 of the Canada Consumer Product Safety Act;
SOR/85-378; SOR/86-943; R.S., c. 24 (3rd Supp.), s. 2(1); SOR/87-444; SOR/88-150 and 557; SOR/90-38, and 246; SOR/93-235; 1997, c. 13, s. 63; SOR/98-175; SOR/99-472; SOR/2001-270; SOR/2003-332; 2004, c. 9, s. 3; SOR/2004-46; SOR/2005-110, 133 and 343; SOR/2007-205 and 259; SOR/2008-89, 190(F) and 230
75. Schedule I to the Act is repealed.
Sécurité des produit COMING INTO FORCE
Order in council
76. The provisions of this Act come into force on a day or days to be fixed by order of the Governor in Council.
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SCHEDULE 1 (Subsection 4(1) and paragraph 37(1)(c)) 1.
Explosives within the meaning of section 2 of the Explosives Act.
2. Cosmetics within the meaning of section 2 of the Food and Drugs Act.
3. Devices within the meaning of section 2 of the Food and Drugs Act.
4. Drugs within the meaning of section 2 of the Food and Drugs Act.
5. Food within the meaning of section 2 of the Food and Drugs Act.
6. Pest control products within the meaning of subsection 2(1) of the Pest Control Products Act.
7. Vehicles within the meaning of section 2 of the Motor Vehicle Safety Act and a part of a vehicle that is integral to it — as it is assembled or altered before its sale to the first retail purchaser — including a part of a vehicle that replaces or alters such a part.
8. Feeds within the meaning of section 2 of the Feeds Act.
9. Fertilizers within the meaning of section 2 of the Fertilizers Act.
10. Vessels within the meaning of section 2 of the Canada Shipping Act, 2001.
11. Firearms within the meaning of section 2 of the Criminal Code.
12. Ammunition within the meaning of subsection 84(1) of the Criminal Code.
13. Cartridge magazines within the meaning of subsection 84(1) of the Criminal Code.
14. Cross-bows within the meaning of subsection 84(1) of the Criminal Code.
15. Prohibited devices within the meaning of paragraphs (a) to (d) of the definition “prohibited device” in subsection 84(1) of the Criminal Code.
16. Plants within the meaning of section 3 of the Plant Protection Act, except for Jequirity beans (abrus precatorius).
17. Seeds within the meaning of section 2 of the Seeds Act, except for Jequirity beans (abrus precatorius).
18. Controlled substances within the meaning of subsection 2(1) of the Controlled Drugs and Substances Act.
19. Aeronautical products within the meaning of subsection 3(1) of the Aeronautics Act.
20. Animals within the meaning of subsection 2(1) of the Health of Animals Act.
Sécurité des produits de co SCHEDULE 2 (Section 5 and paragraph 37(1)(c))
1. Jequirity beans (abrus precatorius) or any substance or article that is made from or that includes jequirity beans in whole or in part.
2. Spectacle frames that, in whole or in part, are made of or contain cellulose nitrate.
3. Baby walkers that are mounted on wheels or on any other device permitting movement of the walker and that have an enclosed area supporting the baby in a sitting or standing position so that their feet touch the floor, thereby enabling the horizontal movement of the walker.
4. Products for babies, including teethers, pacifiers and baby bottle nipples, that are put in the mouth when used and that contain a filling that has in it a viable micro-organism.
5. Structural devices that position feeding bottles to allow babies to feed themselves from the bottle while unattended.
6. Disposable metal containers that contain a pressurizing fluid composed in whole or in part of vinyl chloride and that are designed to release pressurized contents by the use of a manually operated valve that forms an integral part of the container.
7. Liquids that contain polychlorinated biphenyls for use in microscopy, including immersion oils but not including refractive index oils.
8. Kites any part of which is made of uninsulated metal that is separated from adjacent conductive areas by a non-conductive area of less than 50 mm and that either (a) has a maximum linear dimension in excess of 150 mm, or (b) is plated or otherwise coated with a conductive film whose maximum linear dimension exceeds 150 mm.
9. Kite strings made of a material that conducts electricity.
10. Products made in whole or in part of textile fibres, intended for use as wearing apparel, that are treated with or contain tris (2,3 dibromopropyl) phosphate as a single substance or as part of a chemical compound.
11. Any substance that is used to induce sneezing, whether or not called “sneezing powder”, and that contains (a) 3,3′-dimethoxybenzidine (4,4′-diamino-3,3′-dimethoxybiphenyl) or any of its salts; (b) a plant product derived from the genera Helleborus (hellebore), Veratrum album (white hellebore) or Quillaia (Panama Wood); (c) protoveratrine or veratrine; or (d) any isomer of nitrobenzaldehyde.
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12. Cutting oils and cutting fluids, that are for use in lubricating and cooling the cutting area in machining operations, and that contain more than 50 µg/g of any nitrite, when monoethanolamine, diethanolamine or triethanolamine is also present.
13. Urea formaldehyde-based thermal insulation, foamed in place, used to insulate buildings.
14. Lawn darts with elongated tips.
15. Polycarbonate baby bottles that contain 4,4′-isopropylidenediphenol (bisphenol A).
Published under authority of the Speaker of the House of Commons Available from: Publishing and Depository Services Public Works and Government Services Canada Ottawa, Ontario K1A 0S5 Telephone: 613-941-5995 or 1-800-635-7943 Fax: 613-954-5779 or 1-800-565-7757 publications@tpsgc-pwgsc.gc.ca http://publications.gc.ca
Also available on the Parliament of Can Aussi disponible sur le site Web du Par http://www Available from: Publishing and Depository Services Public Works and Government Services Canada Ottawa, Ontario K1A 0S5 Telephone: 613-941-5995 or 1-800-635-7943 Fax: 613-954-5779 or 1-800-565-7757 publications@pwgsc.gc.ca http://publications.gc.ca
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Third Session, Fortieth Parliament, 59 Elizabeth II, 2010
STATUTES OF CANADA 2010
CHAPTER 23 An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radiotelevision and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act
ASSENTED TO 15th DECEMBER, 2010 BILL C-28
RECOMMENDATION Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act”.
SUMMARY This enactment establishes a regulatory framework to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities. It enacts An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act, which prohibits the sending of commercial electronic messages without the prior consent of the recipient and provides rules governing the sending of those types of messages, including a mechanism for the withdrawal of consent. It also prohibits other practices that discourage reliance on electronic means of carrying out commercial activities, such as those relating to the alteration of data transmissions and the unauthorized installation of computer programs. In addition, that Act provides for the imposition of administrative monetary penalties by the Canadian Radiotelevision and Telecommunications Commission, after taking into account specified factors. It also provides for a private right of action that enables a person affected by an act or omission that constitutes a contravention under that Act to obtain an amount equal to the actual amount of the loss or damage suffered, or expenses incurred, and statutory damages for the contravention.
This enactment amends the Competition Act to prohibit false or misleading commercial representations made electronically. It also amends the Personal Information Protection and Electronic Documents Act to prohibit the collection of personal information by means of unauthorized access to computer systems, and the unauthorized compiling of lists of electronic addresses.
Also available on the Parliament of Canada Web Site at the following address: http://www.parl.gc.ca
Finally, it makes related amendments to the Competition Act, the Personal Information Protection and Electronic Documents Act, the Canadian Radiotelevision and Telecommunications Commission Act and the Telecommunications Act.
TABLE OF PROVISIONS
AN ACT TO PROMOTE THE EFFICIENCY AND ADAPTABILITY OF THE CANADIAN ECONOMY BY REGULATING CERTAIN ACTIVITIES THAT DISCOURAGE RELIANCE ON ELECTRONIC MEANS OF CARRYING OUT COMMERCIAL ACTIVITIES, AND TO AMEND THE CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION ACT, THE COMPETITION ACT, THE PERSONAL INFORMATION PROTECTION AND ELECTRONIC DOCUMENTS ACT AND THE TELECOMMUNICATIONS ACT
INTERPRETATION 1.
Definitions CONFLICT OF PROVISIONS
2. Precedence of this Act
3. Purpose of Act
PURPOSE
HER MAJESTY 4.
Act binding on certain agents APPLICATION
5. Broadcasting excluded REQUIREMENTS AND PROHIBITIONS
6. Unsolicited electronic messages
7. Altering transmission data
8. Installation of computer program
9. Contravention of sections 6 to 8
10. Express consent — sections 6 to 8
11. Unsubscribe mechanism — section 6
12. Contravention of section 6
13. Burden of proof
i ADMINISTRATIVE MONETARY PENALTIES DESIGNATION 14.
Designated persons PRESERVATION DEMAND
15. Preservation demand
16. Application for review NOTICE TO PRODUCE
17. Notice for production
18. Application for review WARRANTS
19. Warrant VIOLATIONS
20. Violations
21. Entry into undertaking
UNDERTAKINGS
NOTICES OF VIOLATION 22.
Notice of violation
23. Limitation period DETERMINATION OF RESPONSIBILITY
24. Options
25. Representations
26. Restraining orders
27. Appeal to Federal Court of Appeal
APPEAL TO FEDERAL COURT OF APPEAL
RECOVERY OF PENALTIES AND OTHER AMOUNTS 28.
Debts due to Her Majesty
29. Certificate of default RULES ABOUT VIOLATIONS
30. For greater certainty
31. Directors, officers, etc., of corporations
32. Vicarious liability
33. Defence
ii GENERAL PROVISIONS 34.
Questions of law and fact
35. Judicial powers
36. Panels of Commission
37. Rules of procedure
38. Evidence
39. Information may be made public
40. Enforcement INJUNCTION
41. Injunction OFFENCES
42. Non-compliance
43. Obstruction and false information
44. Directors and officers of corporations
45. Vicarious liability
46. Offence PRIVATE RIGHT OF ACTION APPLICATION
47. Application
48. Limitation
49. Notice of discontinuance HEARING
50. Right to intervene
51. Order
RULES ABOUT CONTRAVENTIONS AND REVIEWABLE CONDUCT 52.
Directors and officers of corporations
53. Vicarious liability
54. Defence
55. Liability CONSULTATION AND DISCLOSURE OF INFORMATION
56. Disclosure by an organization
57. Consultation
58. Disclosure by Commission
iv 59.
Use of information by Commission
60. Information shared with the government of a foreign state, etc.
61. Reports to Minister of Industry GENERAL
62. Mandate
63. Appointment of experts, etc.
64. Regulations — Governor in Council
65. Review of Act by Parliamentary committee TRANSITIONAL PROVISIONS
66. Existing business or non-business relationships
67. Software updates and upgrades THIS ACT
68. Amendment CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION ACT
69. Amendment COMPETITION ACT
70-81.
Amendments PERSONAL INFORMATION PROTECTION AND ELECTRONIC DOCUMENTS ACT
82-87.
Amendments TELECOMMUNICATIONS ACT
88-90.
Amendments COMING INTO FORCE
91. Order in council
59 ELIZABETH II —————— CHAPTER 23 An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act
[Assented to 15th December, 2010] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: INTERPRETATION Definitions
“commercial activity” « activité commerciale »
“Commission” « Conseil »
“Commissioner of Competition” « commissaire de la concurrence »
1. (1) The following definitions apply in this Act. “commercial activity” means any particular transaction, act or conduct or any regular course of conduct that is of a commercial character, whether or not the person who carries it out does so in the expectation of profit, other than any transaction, act or conduct that is carried out for the purposes of law enforcement, public safety, the protection of Canada, the conduct of international affairs or the defence of Canada. “Commission” means the Canadian Radiotelevision and Telecommunications Commission. “Commissioner of Competition” means the Commissioner of Competition appointed under subsection 7(1) of the Competition Act.
2 “computer program” « programme d’ordinateur »
“computer system” « ordinateur » “court of competent jurisdiction” « tribunal compétent »
“data” « données »
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“computer program” has the same meaning as in subsection 342.1(2) of the Criminal Code. “computer system” has the same meaning as in subsection 342.1(2) of the Criminal Code. “court of competent jurisdiction” means the Federal Court or a superior court of a province.
“data” means signs, signals, symbols or concepts that are being prepared or have been prepared in a form suitable for use in a computer system.
“document” « document »
“document” has the same meaning as in section 487.011 of the Criminal Code.
“electronic address” « adresse électronique »
“electronic address” means an address used in connection with the transmission of an electronic message to (a) an electronic mail account; (b) an instant messaging account; (c) a telephone account; or (d) any similar account.
“electronic message” « message électronique »
“person” « personne »
“Privacy Commissioner” « Commissaire à la protection de la vie privée »
“telecommunications facility” « installation de télécommunication »
“telecommunications service” « service de télécommunication »
“electronic message” means a message sent by any means of telecommunication, including a text, sound, voice or image message. “person” means an individual, partnership, corporation, organization, association, trustee, administrator, executor, liquidator of a succession, receiver or legal representative. “Privacy Commissioner” means the Privacy Commissioner appointed under section 53 of the Privacy Act. “telecommunications facility” means any facility, apparatus or other thing that is used for telecommunications or for any operation directly connected with telecommunications. “telecommunications service” means a service, or a feature of a service, that is provided by means of telecommunications facilities, whether the telecommunications service provider owns, leases or has any other interest in or right
Conseil de la radiodiffusion et des télécommuni des renseignements personnels et docume
respecting the telecommunications facilities and any related equipment used to provide the service. “telecommunications service provider” « télécommunicateur »
“transmission data” « données de transmission »
“telecommunications service provider” means a person who, independently or as part of a group or association, provides telecommunications services. “transmission data” means data that (a) relates to the telecommunications functions of dialling, routing, addressing or signalling; (b) either is transmitted to identify, activate or configure an apparatus or device, including a computer program, in order to establish or maintain a communication, or is generated during the creation, transmission or reception of a communication and identifies or purports to identify the type, direction, date, time, duration, size, origin, destination or termination of the communication; and (c) does not reveal the substance, meaning or purpose of the communication.
Meaning of commercial electronic message
(2) For the purposes of this Act, a commercial electronic message is an electronic message that, having regard to the content of the message, the hyperlinks in the message to content on a website or other database, or the contact information contained in the message, it would be reasonable to conclude has as its purpose, or one of its purposes, to encourage participation in a commercial activity, including an electronic message that (a) offers to purchase, sell, barter or lease a product, goods, a service, land or an interest or right in land; (b) offers to provide a business, investment or gaming opportunity; (c) advertises or promotes anything referred to in paragraph (a) or (b); or
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(d) promotes a person, including the public image of a person, as being a person who does anything referred to in any of paragraphs (a) to (c), or who intends to do so. Other commercial electronic message
(3) An electronic message that contains a request for consent to send a message described in subsection (2) is also considered to be a commercial electronic message.
Exclusion
(4) An electronic message described in subsection (2) or (3) that is sent for the purposes of law enforcement, public safety, the protection of Canada, the conduct of international affairs or the defence of Canada is not considered to be a commercial electronic message.
Person to whom a message is sent
(5) For the purposes of this Act, a reference to the person to whom an electronic message is sent means the holder of the account associated with the electronic address to which the message is sent, as well as any person who it is reasonable to believe is or might be authorized by the account holder to use the electronic address. CONFLICT OF PROVISIONS
Precedence of this Act
2. In the event of a conflict between a provision of this Act and a provision of Part 1 of the Personal Information Protection and Electronic Documents Act, the provision of this Act operates despite the provision of that Part, to the extent of the conflict. PURPOSE
Purpose of Act
3. The purpose of this Act is to promote the efficiency and adaptability of the Canadian economy by regulating commercial conduct that discourages the use of electronic means to carry out commercial activities, because that conduct (a) impairs the availability, reliability, efficiency and optimal use of electronic means to carry out commercial activities; (b) imposes additional costs on businesses and consumers;
Conseil de la radiodiffusion et des télécommuni des renseignements personnels et docume
(c) compromises privacy and the security of confidential information; and (d) undermines the confidence of Canadians in the use of electronic means of communication to carry out their commercial activities in Canada and abroad.
HER MAJESTY Act binding on certain agents
4. This Act is binding on any corporation that is expressly declared by or under any Act of Parliament or of the legislature of a province to be an agent of Her Majesty, when the corporation is acting as such in the course of any commercial activity. APPLICATION
Broadcasting excluded
5. This Act does not apply in respect of broadcasting by a broadcasting undertaking, as those terms are defined in subsection 2(1) of the Broadcasting Act. REQUIREMENTS AND PROHIBITIONS
Unsolicited electronic messages
6. (1) It is prohibited to send or cause or permit to be sent to an electronic address a commercial electronic message unless (a) the person to whom the message is sent has consented to receiving it, whether the consent is express or implied; and (b) the message complies with subsection (2).
Contents of message
(2) The message must be in a form that conforms to the prescribed requirements and must (a) set out prescribed information that identifies the person who sent the message and the person — if different — on whose behalf it is sent;
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(b) set out information enabling the person to whom the message is sent to readily contact one of the persons referred to in paragraph (a); and (c) set out an unsubscribe mechanism in accordance with subsection 11(1). Period of validity of contact information
Interpretation
(3) The person who sends the commercial electronic message and the person — if different — on whose behalf the commercial electronic message is sent must ensure that the contact information referred to in paragraph (2)(b) is valid for a minimum of 60 days after the message has been sent. (4) For the purposes of subsection (1) (a) an electronic message is considered to have been sent once its transmission has been initiated; and (b) it is immaterial whether the electronic address to which an electronic message is sent exists or whether an electronic message reaches its intended destination.
Exception
(5) This section does not apply to a commercial electronic message (a) that is sent by or on behalf of an individual to another individual with whom they have a personal or family relationship, as defined in the regulations; (b) that is sent to a person who is engaged in a commercial activity and consists solely of an inquiry or application related to that activity; or (c) that is of a class, or is sent in circumstances, specified in the regulations.
Exception
(6) Paragraph (1)(a) does not apply to a commercial electronic message that solely (a) provides a quote or estimate for the supply of a product, goods, a service, land or an interest or right in land, if the quote or estimate was requested by the person to whom the message is sent;
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(b) facilitates, completes or confirms a commercial transaction that the person to whom the message is sent previously agreed to enter into with the person who sent the message or the person — if different — on whose behalf it is sent; (c) provides warranty information, product recall information or safety or security information about a product, goods or a service that the person to whom the message is sent uses, has used or has purchased; (d) provides notification of factual information about (i) the ongoing use or ongoing purchase by the person to whom the message is sent of a product, goods or a service offered under a subscription, membership, account, loan or similar relationship by the person who sent the message or the person — if different — on whose behalf it is sent, or (ii) the ongoing subscription, membership, account, loan or similar relationship of the person to whom the message is sent; (e) provides information directly related to an employment relationship or related benefit plan in which the person to whom the message is sent is currently involved, is currently participating or is currently enrolled; (f) delivers a product, goods or a service, including product updates or upgrades, that the person to whom the message is sent is entitled to receive under the terms of a transaction that they have previously entered into with the person who sent the message or the person — if different — on whose behalf it is sent; or (g) communicates for a purpose specified in the regulations. Exception
(7) This section does not apply to a telecommunications service provider merely because the service provider provides a telecommunications service that enables the transmission of the message.
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Exception
(8) This section does not apply to a commercial electronic message (a) that is, in whole or in part, an interactive two-way voice communication between individuals; (b) that is sent by means of a facsimile to a telephone account; or (c) that is a voice recording sent to a telephone account.
Altering transmission data
7. (1) It is prohibited, in the course of a commercial activity, to alter or cause to be altered the transmission data in an electronic message so that the message is delivered to a destination other than or in addition to that specified by the sender, unless (a) the alteration is made with the express consent of the sender or the person to whom the message is sent, and the person altering or causing to be altered the data complies with subsection 11(4); or (b) the alteration is made in accordance with a court order.
Exception
(2) Subsection (1) does not apply if the alteration is made by a telecommunications service provider for the purposes of network management.
Installation of computer program
8. (1) A person must not, in the course of a commercial activity, install or cause to be installed a computer program on any other person’s computer system or, having so installed or caused to be installed a computer program, cause an electronic message to be sent from that computer system, unless (a) the person has obtained the express consent of the owner or an authorized user of the computer system and complies with subsection 11(5); or (b) the person is acting in accordance with a court order.
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Application
(2) A person contravenes subsection (1) only if the computer system is located in Canada at the relevant time or if the person either is in Canada at the relevant time or is acting under the direction of a person who is in Canada at the time when they give the directions.
Contravention of sections 6 to 8
9. It is prohibited to aid, induce, procure or cause to be procured the doing of any act contrary to any of sections 6 to 8.
Express consent — sections 6 to 8
10. (1) A person who seeks express consent for the doing of an act described in any of sections 6 to 8 must, when requesting consent, set out clearly and simply the following information: (a) the purpose or purposes for which the consent is being sought; (b) prescribed information that identifies the person seeking consent and, if the person is seeking consent on behalf of another person, prescribed information that identifies that other person; and (c) any other prescribed information.
Exception
(2) Despite paragraph (1)(b), for the purposes of section 6, if a person is seeking express consent on behalf of a person whose identity is not known, (a) the only information that is required to be provided under that paragraph is prescribed information that identifies the person seeking consent; and (b) the person seeking consent must comply with the regulations in respect of the use that may be made of the consent and the conditions on which the consent may be used.
Additional requirement — section 8
(3) A person who seeks express consent for the doing of any act described in section 8 must, when requesting consent, also, in addition to setting out any other prescribed information, clearly and simply describe, in general terms, the function and purpose of the computer program that is to be installed if the consent is given.
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Additional requirements associated with certain functions
(4) In addition to the requirements set out in subsections (1) and (3), if the computer program that is to be installed performs one or more of the functions described in subsection (5), the person who seeks express consent must, when requesting consent, clearly and prominently, and separately and apart from the licence agreement, (a) describe the program’s material elements that perform the function or functions, including the nature and purpose of those elements and their reasonably foreseeable impact on the operation of the computer system; and (b) bring those elements to the attention of the person from whom consent is being sought in the prescribed manner.
Description of functions
(5) A function referred to in subsection (4) is any of the following functions that the person who seeks express consent knows and intends will cause the computer system to operate in a manner that is contrary to the reasonable expectations of the owner or an authorized user of the computer system: (a) collecting personal information stored on the computer system; (b) interfering with the owner’s or an authorized user’s control of the computer system; (c) changing or interfering with settings, preferences or commands already installed or stored on the computer system without the knowledge of the owner or an authorized user of the computer system; (d) changing or interfering with data that is stored on the computer system in a manner that obstructs, interrupts or interferes with lawful access to or use of that data by the owner or an authorized user of the computer system; (e) causing the computer system to communicate with another computer system, or other device, without the authorization of the owner or an authorized user of the computer system;
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(f) installing a computer program that may be activated by a third party without the knowledge of the owner or an authorized user of the computer system; and (g) performing any other function specified in the regulations. Exception
(6) Subsection (4) does not apply in respect of a computer program that performs a function described in subsection (5) if that function only collects, uses or communicates transmission data or performs an operation specified in the regulations.
Updates and upgrades
(7) Subsections (1) and (3) do not apply in respect of the installation of an update or upgrade to a computer program the installation or use of which was expressly consented to in accordance with subsections (1) and (3) if the person who gave the consent is entitled to receive the update or upgrade under the terms of the express consent and the update or upgrade is installed in accordance with those terms.
Person considered to expressly consent
(8) A person is considered to expressly consent to the installation of a computer program if (a) the program is (i) a cookie, (ii) HTML code, (iii) Java Scripts, (iv) an operating system, (v) any other program that is executable only through the use of another computer program whose installation or use the person has previously expressly consented to, or (vi) any other program specified in the regulations; and (b) the person’s conduct is such that it is reasonable to believe that they consent to the program’s installation.
Implied consent — section 6
(9) Consent is implied for the purpose of section 6 only if
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(a) the person who sends the message, the person who causes it to be sent or the person who permits it to be sent has an existing business relationship or an existing nonbusiness relationship with the person to whom it is sent; (b) the person to whom the message is sent has conspicuously published, or has caused to be conspicuously published, the electronic address to which the message is sent, the publication is not accompanied by a statement that the person does not wish to receive unsolicited commercial electronic messages at the electronic address and the message is relevant to the person’s business, role, functions or duties in a business or official capacity; (c) the person to whom the message is sent has disclosed, to the person who sends the message, the person who causes it to be sent or the person who permits it to be sent, the electronic address to which the message is sent without indicating a wish not to receive unsolicited commercial electronic messages at the electronic address, and the message is relevant to the person’s business, role, functions or duties in a business or official capacity; or (d) the message is sent in the circumstances set out in the regulations. Definition of “existing business relationship”
(10) In subsection (9), “existing business relationship” means a business relationship between the person to whom the message is sent and any of the other persons referred to in that subsection — that is, any person who sent or caused or permitted to be sent the message — arising from (a) the purchase or lease of a product, goods, a service, land or an interest or right in land, within the two-year period immediately before the day on which the message was sent, by the person to whom the message is sent from any of those other persons;
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(b) the acceptance by the person to whom the message is sent, within the period referred to in paragraph (a), of a business, investment or gaming opportunity offered by any of those other persons; (c) the bartering of anything mentioned in paragraph (a) between the person to whom the message is sent and any of those other persons within the period referred to in that paragraph; (d) a written contract entered into between the person to whom the message is sent and any of those other persons in respect of a matter not referred to in any of paragraphs (a) to (c), if the contract is currently in existence or expired within the period referred to in paragraph (a); or (e) an inquiry or application, within the sixmonth period immediately before the day on which the message was sent, made by the person to whom the message is sent to any of those other persons, in respect of anything mentioned in any of paragraphs (a) to (c). Clarification
(11) For the purposes of subsection (10), the following organizations are considered to be businesses: (a) a cooperative as defined in subsection 2(1) of the Canada Cooperatives Act; (b) a cooperative corporation as defined in section 2 of the Cooperative Credit Associations Act; and (c) any similar organization incorporated under an Act of Parliament or the legislature of a province.
Clarification
(12) If a person has an existing business relationship with another person in accordance with subsection (10), and the business is sold, the person who purchases the business is considered to have, in respect of that business, an existing business relationship with that other person.
Definition of “existing nonbusiness relationship”
(13) In subsection (9), “existing non-business relationship” means a non-business relationship between the person to whom the message is sent and any of the other persons
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referred to in that subsection — that is, any person who sent or caused or permitted to be sent the message — arising from (a) a donation or gift made by the person to whom the message is sent to any of those other persons within the two-year period immediately before the day on which the message was sent, where that other person is a registered charity as defined in subsection 248(1) of the Income Tax Act, a political party or organization, or a person who is a candidate — as defined in an Act of Parliament or of the legislature of a province — for publicly elected office; (b) volunteer work performed by the person to whom the message is sent for any of those other persons, or attendance at a meeting organized by that other person, within the two-year period immediately before the day on which the message was sent, where that other person is a registered charity as defined in subsection 248(1) of the Income Tax Act, a political party or organization or a person who is a candidate — as defined in an Act of Parliament or of the legislature of a province — for publicly elected office; or (c) membership, as defined in the regulations, by the person to whom the message is sent, in any of those other persons, within the two-year period immediately before the day on which the message was sent, where that other person is a club, association or voluntary organization, as defined in the regulations. Clarification
(14) Where a period is specified in subsection (10) or (13) in relation to the purchase or lease of a product, goods, a service, land or an interest or right in land, or in relation to a donation, gift or membership, (a) in the case of a purchase, lease, donation or gift, if it involves an ongoing use or ongoing purchase under a subscription, account, loan or similar relationship, the period is considered to begin on the day that the subscription, account, loan or other relationship terminates; and
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(b) in the case of a membership, the period is considered to begin on the day that the membership terminates.
Unsubscribe mechanism — section 6
11. (1) The unsubscribe mechanism referred to in paragraph 6(2)(c) must (a) enable the person to whom the commercial electronic message is sent to indicate, at no cost to them, the wish to no longer receive any commercial electronic messages, or any specified class of such messages, from the person who sent the message or the person — if different — on whose behalf the message is sent, using (i) the same electronic means by which the message was sent, or (ii) if using those means is not practicable, any other electronic means that will enable the person to indicate the wish; and (b) specify an electronic address, or link to a page on the World Wide Web that can be accessed through a web browser, to which the indication may be sent.
Period of validity of contact information
(2) The person who sends the commercial electronic message and the person — if different — on whose behalf it is sent must ensure that the electronic address or World Wide Web page referred to in paragraph (1)(b) is valid for a minimum of 60 days after the message has been sent.
Additional requirement
(3) The person who sent the commercial electronic message and the person — if different — on whose behalf the message was sent must ensure that effect is given to an indication sent in accordance with paragraph (1)(b) without delay, and in any event no later than 10 business days after the indication has been sent, without any further action being required on the part of the person who so indicated.
Withdrawal of consent — section 7
(4) A person who has the express consent of the sender or the person to whom a message is sent to do any act described in section 7 must
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(a) for the period covered by the consent, ensure that the person who gave their consent is provided with an electronic address to which they may send notice of the withdrawal of their consent; and (b) ensure that withdrawal of with paragraph event no later receiving it. Withdrawal of consent — section 8
effect is given to a notice of consent sent in accordance (a) without delay, but in any than 10 business days after
(5) A person who has the express consent of an owner or authorized user to do any act described in section 8 must (a) for a period of one year after any computer program that performs one or more of the functions described in subsection 10(5) but not referred to in subsection 10(6) is installed under the consent, ensure that the person who gave their consent is provided with an electronic address to which they may, if they believe that the function, purpose or impact of the computer program installed under the consent was not accurately described when consent was requested, send a request to remove or disable that computer program; and (b) if the consent was based on an inaccurate description of the material elements of the function or functions described in subsection 10(5), on receipt within that one-year period of a request to remove or disable that computer program, without cost to the person who gave consent, assist that person in removing or disabling the computer program as soon as feasible.
Contravention of section 6
12. (1) A person contravenes section 6 only if a computer system located in Canada is used to send or access the electronic message.
Contravention of section 7
(2) A person contravenes section 7 only if a computer system located in Canada is used to send, route or access the electronic message.
2010 Burden of proof
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13. A person who alleges that they have consent to do an act that would otherwise be prohibited under any of sections 6 to 8 has the onus of proving it. ADMINISTRATIVE MONETARY PENALTIES DESIGNATION
Designated persons
14. For the purposes of any of sections 15 to 46, the Commission may designate persons or classes of persons appointed under section 8 of the Canadian Radio-television and Telecommunications Commission Act to exercise powers in relation to any matter referred to in the designation.
PRESERVATION DEMAND Preservation demand
15. (1) A person who is designated for the purpose of this section may cause a demand to be served on a telecommunications service provider requiring it to preserve transmission data that is in, or comes into, its possession or control.
Expiry and revocation
(2) Subject to subsection (5), the demand expires 21 days after the day on which it is served unless, before its expiry, a notice extending the demand for an additional period of 21 days is served on the telecommunications service provider. A demand may not be extended more than once and a notice revoking the demand may be served on the telecommunications service provider at any time.
Purpose of demand
(3) A person who is designated for the purpose of this section may make or extend a demand only for the purpose of one or more of the following: (a) verifying compliance with this Act; (b) determining whether any of sections 6 to 9 has been contravened; and (c) assisting an investigation or proceeding in respect of a contravention of the laws of a foreign state that address conduct that is substantially similar to conduct prohibited under any of sections 6 to 9.
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Conditions to prevent disclosure
(4) The designated person causing a demand to be served may impose conditions in the demand to prevent the disclosure of some or all of its contents or its existence if they have reasonable grounds to believe that the disclosure would jeopardize the conduct of (a) an investigation under this Act; or (b) an investigation or proceeding in respect of a contravention of the laws of a foreign state that address conduct that is substantially similar to conduct prohibited under any of sections 6 to 9.
Expiry and revocation of conditions
(5) A condition imposed to prevent disclosure expires six months after the day on which the demand is served on the telecommunications service provider unless, before its expiry, a notice extending the condition for an additional period of six months is served on the telecommunications service provider. A condition may not be extended more than once and a notice revoking the condition may be served on the telecommunications service provider at any time.
Preservation and destruction of transmission data
(6) A telecommunications service provider that is served with a demand must (a) subject to subsections 16(2) and (3), preserve the data until the demand expires or is revoked; and (b) destroy the data that would not be retained in the normal course of business and any document that is prepared for the purpose of preserving data under this section as soon as the demand expires or is revoked, unless a notice requiring the production of a document based on that data has been served on it under section 17.
Application for review
16. (1) Within five business days after the day on which a demand is served, a telecommunications service provider may apply in writing to the Commission either for a review of the demand on the grounds that preservation of some or all of the data would place an undue burden on it or for a review of the conditions imposed to prevent disclosure.
2010 Powers of Commission
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(2) After considering any representations made by the telecommunications service provider and by the person designated for the purposes of section 15, the Commission may (a) allow the application; (b) deny the application; or (c) vary, in any manner that the Commission considers reasonable in the circumstances, (i) the requirement to preserve transmission data, or (ii) any condition imposed in the demand.
No obligation to preserve new data
(3) If a telecommunications service provider applies for review on the grounds that preservation of some or all of the data would place an undue burden on it and the Commission does not make a decision in respect of that matter within five business days after the day on which the application was made, the telecommunications service provider is not required to preserve any data to which the application relates that comes into the telecommunications service provider’s possession or control after the expiry of the five days.
Notice of decision
(4) The Commission must cause a copy of its decision to be served on the telecommunications service provider together with a notice of their right to appeal. NOTICE TO PRODUCE
Notice for production
17. (1) A person who is designated for the purpose of this section may cause a notice to be served on a person requiring them to produce a copy of a document that is in their possession or control, or to prepare a document based on data, information or documents that are in their possession or control and to produce that document.
Purpose of notice
(2) The designated person may issue the notice only for the purpose of one or more of the following: (a) verifying compliance with this Act; (b) determining whether any of sections 6 to 9 has been contravened; and
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(c) assisting an investigation or proceeding in respect of a contravention of the laws of a foreign state that address conduct that is substantially similar to conduct prohibited under any of sections 6 to 9. Particulars of notice
(3) The notice must require the document to be produced to a person named in the notice within the time, at the place and in the form specified in the notice.
Conditions
(4) The designated person may impose conditions in the notice to prevent the disclosure of some or all of its contents or its existence if they have reasonable grounds to believe that the disclosure would jeopardize the conduct of (a) an investigation under this Act; or (b) an investigation or proceeding in respect of a contravention of the laws of a foreign state that address conduct that is substantially similar to conduct prohibited under any of sections 6 to 9.
Expiry and revocation of conditions
(5) A condition imposed to prevent disclosure expires six months after the day on which the notice is served on the person unless, before its expiry, a notice extending the condition for an additional period of six months is served on them. A condition may not be extended more than once and a notice revoking the condition may be served on the person at any time.
Return of documents not required
(6) Documents and copies of documents that are produced under this section need not be returned to the person who produced them.
Application for review
18. (1) At any time before they are required to produce a document, a person may apply in writing to the Commission either for a review of the notice on the grounds that the requirement to prepare or produce a document is unreasonable in the circumstances or that the production would disclose privileged information or for a review of the conditions imposed to prevent disclosure.
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No obligation to produce
(2) If a person applies for review on the grounds that the requirement to prepare or produce a document is unreasonable in the circumstances, they are not required to prepare or produce the document.
Powers of Commission
(3) After considering any representations made by the applicant and by the person designated for the purposes of section 17, the Commission may (a) allow the application; (b) deny the application; or (c) vary, in any manner that the Commission considers reasonable in the circumstances, (i) the requirement to produce, or prepare and produce, a document, or (ii) any condition imposed in the notice.
Particulars
(4) If the Commission decides to confirm the requirement to produce a document, it must specify in its decision that the document be produced to a person named in the decision within the time, at the place and in the form set out in the decision.
Notice of decision
(5) The Commission must cause a copy of its decision to be served on the person together with a notice of their right to appeal. WARRANTS
Warrant
19. (1) On an ex parte application, a justice of the peace may issue a warrant authorizing a person who is designated for the purpose of this section and who is named in the warrant to enter a place if the justice is satisfied by information on oath that (a) entry to the place is necessary to (i) verify compliance with this Act, (ii) determine whether any of sections 6 to 9 has been contravened, or (iii) assist an investigation or proceeding in respect of a contravention of the laws of a foreign state that address conduct that is substantially similar to conduct prohibited under any of sections 6 to 9; and
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(b) if the place is a dwelling-house, entry has been refused or there are reasonable grounds to believe that entry will be refused or that consent to entry cannot be obtained from the occupant. Conditions in warrant
(2) The warrant may contain any conditions that the justice considers appropriate, including conditions to protect privileged information.
Powers in execution of warrant
(3) Subject to the conditions specified in the warrant, in executing the warrant, the designated person may, for any purpose set out in subparagraphs (1)(a)(i) to (iii), (a) examine anything that is found in the place; (b) use any means of communication found in the place or cause it to be used; (c) use any computer system found in the place — or cause it to be used — to examine data contained in, or available to, the system; (d) prepare a document — or cause it to be prepared — based on the data; (e) use any copying equipment — or cause it to be used — to make copies of documents; (f) remove anything found in the place for examination or copying; and (g) prohibit or limit access to all or part of the place.
Assistance to designated persons
(4) The owner of the place, the person in charge of the place and every person found in the place must give all assistance that is reasonably required to enable the designated person to execute the warrant and must provide any documents, data and information — including information establishing their identity — that are reasonably required for that purpose.
Execution of warrant
(5) A warrant must be executed between six o’clock in the morning and nine o’clock in the evening unless the justice authorizes its execution at another time.
Entry onto private property
(6) For the purpose of gaining entry to the place referred to in the warrant issued under subsection (1), the designated person may enter private property and pass through it, and is not
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liable for doing so. For greater certainty, no person has the right to object to that use of the property and no warrant is required for entry onto the property, other than for entry to a dwelling-house. Persons accompanying designated person
(7) A person may, at the designated person’s request, accompany the designated person to assist the designated person to gain entry to the place referred to in the warrant and is not liable for doing so.
Use of force
(8) In executing a warrant, a designated person must not use force unless they are accompanied by a peace officer and the use of force has been specifically authorized in the warrant. VIOLATIONS
Violations
20. (1) Every person who contravenes any of sections 6 to 9 commits a violation for which they are liable to an administrative monetary penalty.
Purpose of penalty
(2) The purpose of a penalty is to promote compliance with this Act and not to punish.
Factors for penalty
(3) The following factors must be taken into account when determining the amount of a penalty: (a) the purpose of the penalty; (b) the nature and scope of the violation; (c) the person’s history with respect to any previous violation under this Act, any previous conduct that is reviewable under section 74.011 of the Competition Act and any previous contravention of section 5 of the Personal Information Protection and Electronic Documents Act that relates to a collection or use described in subsection 7.1(2) or (3) of that Act; (d) the person’s history with respect to any previous undertaking entered into under subsection 21(1) and any previous consent agreement signed under subsection 74.12(1) of the Competition Act that relates to acts or omissions that constitute conduct that is reviewable under section 74.011 of that Act;
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(e) any financial benefit that the person obtained from the commission of the violation; (f) the person’s ability to pay the penalty; (g) whether the person has voluntarily paid compensation to a person affected by the violation; (h) the factors established by the regulations; and (i) any other relevant factor. Maximum penalties
(4) The maximum penalty for a violation is $1,000,000 in the case of an individual, and $10,000,000 in the case of any other person.
Regulations
(5) The Governor in Council may make regulations (a) designating provisions whose contravention constitutes a separate violation in respect of each day during which it continues; and (b) establishing factors for the purposes of paragraph (3)(h). UNDERTAKINGS
Entry into undertaking Contents
21. (1) A person may enter into an undertaking at any time. (2) An undertaking (a) must be accepted by a person who is designated for the purpose of this section; (b) must identify every act or omission committed that constitutes a contravention of any of sections 6 to 9 and that is covered by the undertaking; (c) must identify every provision at issue; (d) may contain any conditions that the designated person considers appropriate; and (e) may include a requirement to pay a specified amount.
Undertaking before notice of violation
(3) If a person enters into an undertaking, no notice of violation may be served on them in connection with an act or omission referred to in the undertaking.
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(4) If a person enters into an undertaking after a notice of violation is served on them, the proceeding commenced by the notice of violation is ended in respect of that person in connection with any act or omission referred to in the undertaking. NOTICES OF VIOLATION
Notice of violation
Contents of notice
22. (1) A person who is designated for the purpose of this section may issue a notice of violation and cause it to be served on a person if they believe on reasonable grounds that the person has committed a violation. (2) The notice of violation must (a) name the person believed to have committed the violation; (b) identify every act or omission for which the notice is served and every provision at issue; (c) set out the administrative monetary penalty that the person is liable to pay and the time and manner of payment; (d) inform the person that they may make representations to the Commission within 30 days after the day on which the notice is served or any longer period set out in the notice, and set out the manner for making the representations; (e) inform the person that, if they do not pay the penalty or make representations in accordance with the notice, they will be deemed to have committed the violation and that the penalty set out in the notice will be imposed; and (f) inform the person that if they are found or are deemed to have committed a violation they may be made the subject of an order requiring them to do what this Act requires them to do, or forbidding them to do what this Act prohibits them from doing, and that the order can be enforced as an order of a court of competent jurisdiction.
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Limitation period
23. (1) No proceeding in respect of a violation may be commenced later than three years after the day on which the subject matter of the proceeding became known to a person designated under section 14.
Certificate
(2) A document that appears to have been issued by the secretary to the Commission, certifying the day on which the subject matter of any proceeding became known to a person designated under section 14, is admissible in evidence without proof of the signature or official character of the person who appears to have signed the document and is proof of the matter asserted in it in the absence of evidence to the contrary. DETERMINATION OF RESPONSIBILITY
Options
24. (1) A person who is served with a notice of violation must, in accordance with the notice, pay the penalty set out in the notice or make representations with respect to the amount of the penalty or the acts or omissions that constitute the alleged violation.
Deemed violation
(2) A person is deemed to have committed the violation if they either pay the penalty in accordance with the notice of violation or do not pay the penalty and do not make representations, in accordance with the notice of violation.
Representations
25. (1) If a person makes representations in accordance with the notice, the Commission must decide, on a balance of probabilities, whether the person committed the violation and, if so, may impose the penalty set out in the notice of violation, may reduce or waive the penalty, or may suspend payment of the penalty subject to any conditions that the Commission considers necessary to ensure compliance with this Act.
Notice of decision
(2) The Commission must cause a copy of its decision to be served on the person together with a notice of their right to appeal.
Restraining orders
26. (1) If a person is deemed under subsection 24(2) to have committed a violation or has been found under subsection 25(1) to have committed a violation, the Commission may
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make an order directing the person to cease contravening the provision to which the violation relates. Notice of decision
(2) The Commission must cause a copy of its order to be served on the person together with a notice of their right to appeal. APPEAL TO FEDERAL COURT OF APPEAL
Appeal to Federal Court of Appeal
27. (1) Subject to subsection (2), an appeal may be brought in the Federal Court of Appeal from a decision made under section 16, 18 or 25 or an order made under section 26 within 30 days after the day on which the decision or order, as the case may be, is made.
Appeal on question of fact
(2) An appeal on a question of fact from a decision made under section 16, 18 or 25 or an order made under section 26 may be brought only with the leave of the Federal Court of Appeal, an application for which must be made within 30 days after the day on which the decision or order, as the case may be, is made. The appeal may not be brought later than 30 days after the day on which leave to appeal is granted. RECOVERY OF PENALTIES AND OTHER AMOUNTS
Debts due to Her Majesty
28. (1) The following amounts are debts due to Her Majesty in right of Canada that may be recovered in the Federal Court: (a) the amount payable under an undertaking entered into under subsection 21(1) beginning on the day specified in the undertaking or, if no day is specified, beginning on the day on which the undertaking is entered into; (b) the amount of the penalty set out in a notice of violation, beginning on the day on which it is required to be paid in accordance with the notice, unless representations are made in accordance with the notice; (c) if representations are made, either the amount of the penalty that is imposed by the Commission or on appeal, as the case may be, beginning on the day specified by the
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Commission or the court or, if no day is specified, beginning on the day on which the decision is made; and (d) the amount of any reasonable expenses incurred in attempting to recover an amount referred to in any of paragraphs (a) to (c). Limitation period — prescription
(2) A proceeding to recover such a debt may not be commenced later than five years after the day on which the debt becomes payable.
Receiver General
(3) The debt is payable to the Receiver General.
Certificate of default
29. (1) The Commission may issue a certificate certifying the unpaid amount of any debt referred to in subsection 28(1).
Effect of registration
(2) Registration of a certificate in the Federal Court has the same effect as a judgment of that Court for a debt of the amount set out in the certificate and all related registration costs. RULES ABOUT VIOLATIONS
For greater certainty
30. For greater certainty, a violation is not an offence and, accordingly, section 126 of the Criminal Code does not apply.
Directors, officers, etc., of corporations
31. An officer, director, agent or mandatary of a corporation that commits a violation is liable for the violation if they directed, authorized, assented to, acquiesced in or participated in the commission of the violation, whether or not the corporation is proceeded against.
Vicarious liability
32. A person is liable for a violation that is committed by their employee acting within the scope of their employment or their agent or mandatary acting within the scope of their authority, whether or not the employee, agent or mandatary is identified or proceeded against.
Defence
33. (1) A person must not be found to be liable for a violation if they establish that they exercised due diligence to prevent the commission of the violation.
Common law principles
(2) Every rule and principle of the common law that makes any circumstance a justification or excuse in relation to a charge for an offence applies in respect of a violation to the extent that it is not inconsistent with this Act.
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GENERAL PROVISIONS Questions of law and fact
34. (1) The Commission may decide any question of law or of fact in a proceeding under this Act.
Factual findings of court
(2) In deciding a question of fact, the Commission is not bound by the finding or judgment of a court. However, the finding or judgment of a court is admissible in proceedings of the Commission.
Pending proceedings
(3) The power of the Commission to decide a question of fact is not affected by proceedings pending before a court in which the question is in issue.
Judicial powers
35. In a proceeding under this Act, the Commission has the powers of a superior court with respect to the attendance and examination of witnesses and the production and examination of documents or things.
Panels of Commission
36. (1) The Chairperson of the Commission may establish panels to decide any matter on behalf of the Commission in a proceeding under this Act.
Presiding member
(2) If a panel consists of more than one member, the Chairperson must designate one of the members to preside over the panel.
Decision
(3) A decision of a majority of the members of a panel is a decision of the panel.
Acting after expiry of appointment
(4) A member whose appointment expires may, with the approval of the Chairperson, conclude any proceeding that the member has begun.
Powers of panel
(5) A panel may exercise the powers and perform the duties and functions of the Commission under this Act in relation to any matter before the panel.
Rules of procedure
37. (1) The Commission may make rules respecting the making of applications and representations to the Commission, and the conduct of proceedings held by it, under this Act.
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Form and content of demands and notices
(2) The Commission may establish the form and content of demands under section 15, notices to prepare or produce documents under section 17 and notices of violation under section 22.
Evidence
38. A demand under section 15, a notice to prepare or produce documents under section 17, a notice of violation under section 22, a copy of a decision under section 16, 18 or 25 or an order of the Commission under section 26, that appears to have been served is admissible in evidence in a proceeding without proof of the signature or official character of the person who appears to have signed it.
Information may be made public
39. The Commission may make public (a) the name of a person who enters into an undertaking, the nature of the undertaking including the acts or omissions and provisions at issue, the conditions included in the undertaking and the amount payable under it, if any; or (b) the name of a person who is deemed, or is found by the Commission or on appeal, to have committed a violation, the acts or omissions and provisions at issue and the amount payable as a result, if any.
Enforcement
40. (1) A demand served under section 15, a notice served under section 17, an undertaking entered into under section 21 and an order of the Commission made under section 26 may be made an order of a court of competent jurisdiction and may be enforced in the same manner as an order of that court as if it had been an order of that court on the date it was served, in the case of a demand, notice or order, or entered into, in the case of an undertaking.
Procedure
(2) The demand, notice, undertaking or order may be made an order of a court of competent jurisdiction by the filing with the registrar of the court of (a) a copy of the demand certified by a person designated for the purpose of section 15; (b) a copy of the notice certified by a person designated for the purpose of section 17;
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(c) a copy of the undertaking certified by a person designated for the purpose of section 21; or (d) a copy of the order certified by the secretary to the Commission. Rescission or variation
(3) On application by a person designated for the purpose of section 21 and a person who has entered into an undertaking that has been filed in a court of competent jurisdiction, that court must rescind or vary the undertaking if it finds that another undertaking in relation to the same acts or omissions has been entered into by the person. INJUNCTION
Injunction
41. (1) If, on the application of a person designated for the purpose of this section, a court of competent jurisdiction is satisfied that a person is about to do or is likely to do anything that constitutes or is directed toward the contravention of any of sections 6 to 9, the court may issue an injunction ordering any person named in the application (a) to refrain from doing anything that, in the opinion of the court, constitutes or is directed toward the contravention of that section; or (b) to do anything that, in the opinion of the court, may prevent the contravention of that section.
Notice
(2) No injunction may be issued unless 48 hours’ notice is given to every person named in the application or the urgency of the situation is such that service of the notice would not be in the public interest. OFFENCES
Non-compliance
42. Every person who refuses or fails to comply with a demand made under section 15 or a notice issued under section 17 or who contravenes subsection 19(4) commits an offence.
Obstruction and false information
43. Every person who obstructs or hinders, or knowingly makes a false or misleading statement or provides false or misleading
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information to, a designated person who is carrying out their duties and functions under this Act commits an offence. Directors and officers of corporations
44. An officer, director, agent or mandatary of a corporation that commits an offence is a party to and liable for the offence if they directed, authorized, assented to, acquiesced in or participated in the commission of the offence, whether or not the corporation is proceeded against.
Vicarious liability
45. A person is liable for an offence that is committed by their employee acting within the scope of their employment or their agent or mandatary acting within the scope of their authority, whether or not the employee, agent or mandatary is identified or proceeded against.
Offence
46. (1) Every person who commits an offence under section 42 or 43 is guilty of an offence punishable on summary conviction and is liable (a) to a fine of not more than $10,000 for a first offence or $25,000 for a subsequent offence, in the case of an individual; or (b) to a fine of not more than $100,000 for a first offence or $250,000 for a subsequent offence, in the case of any other person.
Defence
(2) A person must not be convicted of an offence under section 42 if they establish that they exercised due diligence to prevent the commission of the offence. PRIVATE RIGHT OF ACTION APPLICATION
Application
47. (1) A person who alleges that they are affected by an act or omission that constitutes a contravention of any of sections 6 to 9 of this Act or of section 5 of the Personal Information Protection and Electronic Documents Act that relates to a collection or use described in subsection 7.1(2) or (3) of that Act — or that constitutes conduct that is reviewable under section 74.011 of the Competition Act — may apply to a court of competent jurisdiction for an order under section 51 against one or more persons who they allege have committed the act
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or omission or who they allege are liable for the contravention or reviewable conduct by reason of section 52 or 53. Limitation period
(2) Unless the court decides otherwise, no application may be brought later than three years after the day on which the subject matter of the proceeding became known to the applicant.
Affidavit to accompany application
(3) The application must be accompanied by an affidavit that identifies the alleged contravention or reviewable conduct, sets out every provision, act or omission at issue and any other facts in support of the application and, if the applicant claims that they have suffered an actual loss or damage, or have incurred expenses, as a result of the alleged contravention or reviewable conduct, states the nature and amount of the loss, damage or expenses.
Notice
(4) The applicant must, without delay, serve a copy of the application on every person against whom an order is sought, on the Commission if the application identifies a contravention of this Act, on the Commissioner of Competition if the application identifies conduct that is reviewable under section 74.011 of the Competition Act and on the Privacy Commissioner if the application identifies a contravention of the Personal Information Protection and Electronic Documents Act.
Limitation
48. (1) The court may not consider an application for an order against a person under paragraph 51(1)(b) that alleges a contravention of any of sections 6 to 9 (a) if the person has entered into an undertaking under subsection 21(1), or has been served with a notice of violation under subsection 22(1), in connection with the act or omission referred to in the application; or (b) if the person is liable for the contravention by virtue of section 52 or 53 and the corporation, employee, agent or mandatary, as the case may be, who committed the contravention has entered into an undertaking under subsection 21(1), or has been served
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with a notice of violation under subsection 22(1), in connection with the act or omission referred to in the application.
Certification by Commission
(2) At the written request of a person against whom an order under paragraph 51(1)(b) is sought, the Commission must, within 10 business days after the day on which the request is made, if it is so satisfied, certify in writing to the court that the person is liable for the contravention by virtue of section 52 or 53 and that an undertaking has been entered into, or a notice of violation has been served, in connection with the act or omission referred to in the application for the order. If such a certification is given, the court may not consider the application.
Effect of application
(3) If the court determines that it may consider an application for an order against a person under paragraph 51(1)(b), then, unless the application is discontinued in respect of that person, (a) no undertaking by the person may be entered into under subsection 21(1), and no notice of violation may be issued to them under subsection 22(1), in connection with an act or omission referred to in an application; and (b) no undertaking by the corporation, employee, agent or mandatary who committed the contravention may be entered into under subsection 21(1), and no notice of violation may be issued to that corporation, employee, agent or mandatary under subsection 22(1), in connection with an act or omission referred to in an application.
Notice of discontinuance
49. If an application for an order under paragraph 51(1)(b) is discontinued in respect of a person, the applicant must, without delay, notify everyone who was served with a copy of the application under subsection 47(4) of the discontinuance.
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HEARING Right to intervene
50. The following may intervene in any proceedings in connection with an application under subsection 47(1) for an order under paragraph 51(1)(b) and in any related proceedings: (a) the Commission, if the application identifies a contravention of this Act; (b) the Commissioner of Competition, if the application identifies conduct that is reviewable under the Competition Act; and (c) the Privacy Commissioner, if the application identifies a contravention of the Personal Information Protection and Electronic Documents Act.
Order
51. (1) If, after hearing the application, the court is satisfied that one or more persons have contravened any of the provisions referred to in the application or engaged in conduct referred to in it that is reviewable under section 74.011 of the Competition Act, the court may order the person or persons, as the case may be, to pay the applicant (a) compensation in an amount equal to the actual loss or damage suffered or expenses incurred by the applicant; and (b) a maximum of (i) in the case of a contravention of section 6, $200 for each contravention of that provision, not exceeding $1,000,000 for each day on which a contravention occurred, (ii) in the case of a contravention of section 7 or 8, $1,000,000 for each day on which a contravention occurred, (iii) subject to subparagraphs (iv) and (v), in the case of a contravention of section 9, $1,000,000 for each contravention of that provision, (iv) in the case of a contravention of section 9 resulting from aiding, inducing or procuring, or causing to be procured, the doing of an act contrary to section 6, and if
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a contravention of section 6 has resulted, $200 for each such contravention of section 6, not exceeding $1,000,000 for each day on which a contravention of section 6 occurred, (v) in the case of a contravention of section 9 resulting from aiding, inducing or procuring, or causing to be procured, the doing of an act contrary to section 7 or 8, and if a contravention of either of those sections has resulted, $1,000,000 for each day on which a contravention of section 7 or 8, as the case may be, occurred, (vi) in the case of a contravention of section 5 of the Personal Information Protection and Electronic Documents Act that relates to a collection or use described in subsection 7.1(2) or (3) of that Act, $1,000,000 for each day on which a contravention occurred, and (vii) in the case of conduct that is reviewable under section 74.011 of the Competition Act, $200 for each occurrence of the conduct, not exceeding $1,000,000 for each day on which the conduct occurred.
Purpose of order
(2) The purpose of an order under paragraph (1)(b) is to promote compliance with this Act, the Personal Information Protection and Electronic Documents Act or the Competition Act, as the case may be, and not to punish.
Factors to be considered
(3) The court must consider the following factors when it determines the amount payable under paragraph (1)(b) for each contravention or each occurrence of the reviewable conduct: (a) the purpose of the order; (b) the nature and scope of the contravention or reviewable conduct; (c) the person’s history, or each person’s history, as the case may be, with respect to any previous contravention of this Act and of section 5 of the Personal Information Protection and Electronic Documents Act that relates to a collection or use described in
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subsection 7.1(2) or (3) of that Act and with respect to any previous conduct that is reviewable under section 74.011 of the Competition Act; (d) the person’s history, or each person’s history, as the case may be, with respect to any previous undertaking entered into under subsection 21(1) and any previous consent agreement signed under subsection 74.12(1) of the Competition Act that relates to acts or omissions that constitute conduct that is reviewable under section 74.011 of that Act; (e) any financial benefit that the person or persons obtained from the commission of the contravention or from engaging in the reviewable conduct; (f) the person’s or persons’ ability to pay the total amount payable; (g) whether the applicant has received compensation in connection with the contravention or the reviewable conduct; (h) the factors established by the regulations; and (i) any other relevant factor. RULES ABOUT CONTRAVENTIONS AND REVIEWABLE CONDUCT Directors and officers of corporations
52. An officer, director, agent or mandatary of a corporation that commits a contravention of any of sections 6 to 9 of this Act or of section 5 of the Personal Information Protection and Electronic Documents Act that relates to a collection or use described in subsection 7.1(2) or (3) of that Act, or that engages in conduct that is reviewable under section 74.011 of the Competition Act, is liable for the contravention or reviewable conduct, as the case may be, if they directed, authorized, assented to, acquiesced in or participated in the commission of that contravention, or engaged in that conduct, whether or not the corporation is proceeded against.
Vicarious liability
53. A person is liable for a contravention of any of sections 6 to 9 of this Act or of section 5 of the Personal Information Protection and Electronic Documents Act that relates to a
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collection or use described in subsection 7.1(2) or (3) of that Act, or for conduct that is reviewable under section 74.011 of the Competition Act, that is committed or engaged in, as the case may be, by their employee acting within the scope of their employment or their agent or mandatary acting within the scope of their authority, whether or not the employee, agent or mandatary is identified or proceeded against. Defence
54. (1) A person must not be found to have committed a contravention of any of sections 6 to 9 of this Act or of section 5 of the Personal Information Protection and Electronic Documents Act that relates to a collection or use described in subsection 7.1(2) or (3) of that Act, or to have engaged in conduct that is reviewable under section 74.011 of the Competition Act, if they establish that they exercised due diligence to prevent the contravention or conduct, as the case may be.
Common law principles
(2) Every rule and principle of the common law that makes any circumstance a justification or excuse in relation to a charge for an offence applies in respect of a contravention of any of sections 6 to 9 of this Act or of section 5 of the Personal Information Protection and Electronic Documents Act that relates to a collection or use described in subsection 7.1(2) or (3) of that Act, or in respect of conduct that is reviewable under section 74.011 of the Competition Act, to the extent that it is not inconsistent with this Act or the Personal Information Protection and Electronic Documents Act or the Competition Act, as the case may be.
Liability
55. If more than one person is determined by the court under subsection 51(1) to have contravened any of the provisions referred to in an application under subsection 47(1) or to have engaged in conduct referred to in an application under subsection 47(1) that is reviewable under section 74.011 of the Competition Act, those persons are jointly and severally, or solidarily, liable for the payment of the amounts ordered to be paid under subsection 51(1) in respect of the contravention or reviewable conduct.
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CONSULTATION AND DISCLOSURE OF INFORMATION Disclosure by an organization
56. Despite subsection 7(3) of the Personal Information Protection and Electronic Documents Act, any organization to which Part 1 of that Act applies may on its own initiative disclose to the Commission, the Commissioner of Competition or the Privacy Commissioner any information in its possession that it believes relates to (a) a contravention of (i) any of sections 6 to 9, (ii) section 52.01 of the Competition Act or, in respect of conduct carried out by electronic means, section 52, 52.1, 53, 55 or 55.1 of that Act, (iii) section 5 of the Personal Information Protection and Electronic Documents Act, which contravention relates to a collection or use described in subsection 7.1(2) or (3) of that Act, or (iv) any prohibition or requirement of the Commission, in respect of conduct carried out by electronic means, under section 41 of the Telecommunications Act; or (b) conduct that is reviewable under section 74.011 of the Competition Act or, in respect of conduct carried out by electronic means, under section 74.01, 74.02, 74.04, 74.05 or 74.06 of that Act.
Consultation
57. The Commission, the Commissioner of Competition and the Privacy Commissioner must consult with each other to the extent that they consider appropriate to ensure the effective regulation, under this Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act, of commercial conduct that discourages the use of electronic means to carry out commercial activities, and to coordinate their activities under those Acts as they relate to the regulation of that type of conduct.
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Disclosure by Commission
58. (1) The Commission may disclose information obtained by it in the performance or exercise of its duties or powers related to any of sections 6 to 9 of this Act and, in respect of conduct carried out by electronic means, to section 41 of the Telecommunications Act, (a) to the Privacy Commissioner, if the Commission believes that the information relates to the performance or exercise of the Privacy Commissioner’s duties or powers under Part 1 of the Personal Information Protection and Electronic Documents Act in respect of a collection or use described in subsection 7.1(2) or (3) of that Act; and (b) to the Commissioner of Competition, if the Commission believes that the information relates to the performance or exercise of the Commissioner of Competition’s duties or powers related to section 52.01 or 74.011 of the Competition Act or, in respect of conduct carried out by electronic means, to section 52, 52.1, 53, 55, 55.1, 74.01, 74.02, 74.04, 74.05 or 74.06 of that Act.
Disclosure by Commissioner of Competition
(2) Despite section 29 of the Competition Act, the Commissioner of Competition may disclose information obtained by him or her in the performance or exercise of his or her duties or powers related to section 52.01 or 74.011 of that Act or, in respect of conduct carried out by electronic means, to section 52, 52.1, 53, 55, 55.1, 74.01, 74.02, 74.04, 74.05 or 74.06 of that Act, (a) to the Privacy Commissioner, if the Commissioner of Competition believes that the information relates to the performance or exercise of the Privacy Commissioner’s duties or powers under Part 1 of the Personal Information Protection and Electronic Documents Act in respect of a collection or use described in subsection 7.1(2) or (3) of that Act; and (b) to the Commission, if the Commissioner of Competition believes that the information relates to the administration of any of sections 6 to 9 of this Act or, in respect of conduct carried out by electronic means, of section 41 of the Telecommunications Act.
2010 Disclosure by Privacy Commissioner
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(3) The Privacy Commissioner may disclose information obtained by him or her in the performance or exercise of his or her duties or powers under Part 1 of the Personal Information Protection and Electronic Documents Act if the information relates to a collection or use described in subsection 7.1(2) or (3) of that Act or to an act alleged in a complaint in respect of which the Privacy Commissioner decides, under subsection 12(2) or 12.2(2) of that Act, to not conduct an investigation or to discontinue an investigation, (a) to the Commissioner of Competition, if the Privacy Commissioner believes that the information relates to the performance or exercise of the Commissioner of Competition’s duties or powers related to section 52.01 or 74.011 of the Competition Act or, in respect of conduct carried out by electronic means, to section 52, 52.1, 53, 55, 55.1, 74.01, 74.02, 74.04, 74.05 or 74.06 of that Act; and (b) to the Commission, if the Privacy Commissioner believes that the information relates to the administration of any of sections 6 to 9 of this Act or, in respect of conduct carried out by electronic means, of section 41 of the Telecommunications Act.
Use of information by Commission
59. (1) The Commission may use the information that is disclosed to it under paragraph 58(2)(b) or (3)(b) only for the purpose of the administration of any of sections 6 to 9 of this Act or, in respect of conduct carried out by electronic means, of section 41 of the Telecommunications Act.
Use of information by Commissioner of Competition
(2) The Commissioner of Competition may use the information that is disclosed to him or her under paragraph 58(1)(b) or (3)(a) only for the purpose of the performance or exercise of the Commissioner’s duties or powers related to section 52.01 or 74.011 of the Competition Act or, in respect of conduct carried out by electronic means, to section 52, 52.1, 53, 55, 55.1, 74.01, 74.02, 74.04, 74.05 or 74.06 of that Act.
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Use of information by Privacy Commissioner
(3) The Privacy Commissioner may use the information that is disclosed to him or her under paragraph 58(1)(a) or (2)(a) only for the purpose of performing or exercising his or her duties or powers under Part 1 of the Personal Information Protection and Electronic Documents Act in respect of a collection or use described in subsection 7.1(2) or (3) of that Act.
Information shared with the government of a foreign state, etc.
60. (1) Information may be disclosed under an agreement or arrangement in writing between the Government of Canada, the Commission, the Commissioner of Competition or the Privacy Commissioner and the government of a foreign state, an international organization of states or an international organization established by the governments of states, or any institution of any such government or organization, if the person responsible for disclosing the information believes that (a) the information may be relevant to an investigation or proceeding in respect of a contravention of the laws of a foreign state that address conduct that is substantially similar to (i) conduct prohibited (A) under any of sections 6 to 9, or (B) under section 52.01 of the Competition Act or, in respect of conduct carried out by electronic means, under section 52, 52.1, 53, 55 or 55.1 of that Act, (ii) conduct that contravenes section 5 of the Personal Information Protection and Electronic Documents Act and that relates to a collection or use described in subsection 7.1(2) or (3) of that Act, (iii) conduct that is reviewable under section 74.011 of the Competition Act or, in respect of conduct carried out by electronic means, under section 74.01, 74.02, 74.04, 74.05 or 74.06 of that Act, or (iv) conduct that contravenes any prohibition or requirement of the Commission, in respect of conduct carried out by electronic means, under section 41 of the Telecommunications Act; or
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(b) the disclosure is necessary in order to obtain from that foreign state, organization or institution information that may be relevant for any of the following purposes and no more information will be disclosed than is required for that purpose: (i) the administration of any of sections 6 to 9, (ii) the performance or exercise by the Commissioner of Competition of his or her duties or powers related to section 52.01 or 74.011 of the Competition Act or, in respect of conduct carried out by electronic means, to section 52, 52.1, 53, 55, 55.1, 74.01, 74.02, 74.04, 74.05 or 74.06 of that Act, (iii) the performance or exercise by the Privacy Commissioner of his or her duties or powers under Part 1 of the Personal Information Protection and Electronic Documents Act in respect of a collection or use described in subsection 7.1(2) or (3) of that Act, or (iv) the administration, in respect of conduct carried out by electronic means, of section 41 of the Telecommunications Act.
Restriction on use
(2) An agreement or arrangement referred to in subsection (1) must (a) restrict the use of the information to purposes relevant to an investigation or proceeding in respect of a contravention of the laws of the foreign state that address conduct referred to in any of subparagraphs (1)(a)(i) to (iv); and (b) stipulate that the information be treated in a confidential manner and not be further disclosed without the express consent of the person responsible for disclosing the information.
Restriction — arrangements
(3) An arrangement referred to in subsection (1) entered into by the Commission or the Privacy Commissioner may be in respect only
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of contraventions of the laws of a foreign state that have consequences that would not be considered penal under Canadian law. Limitation
(4) The only information that may be disclosed under subsection (1) is information (a) obtained in the course of assisting an investigation or proceeding in respect of a contravention of the laws of a foreign state that address conduct that is substantially similar to conduct referred to in any of subparagraphs (1)(a)(i) to (iv); or (b) obtained in the course of the activities described in any of subparagraphs (1)(b)(i) to (iv).
Clarification
(5) For the purposes of this section, an arrangement may be created by the acceptance, by the Government of Canada, the Commission, the Commissioner of Competition or the Privacy Commissioner, of a written request for assistance from the government of a foreign state, an international organization of states or an international organization established by the governments of states, or any institution of any such government or organization, if the request is accompanied by a declaration that the party making the request will provide assistance to the party to whom the request is made on a reciprocal basis.
Reports to Minister of Industry
61. The Commission, the Commissioner of Competition and the Privacy Commissioner must provide the Minister of Industry with any reports that he or she requests for the purpose of coordinating the implementation of sections 6 to 9 of this Act, sections 52.01 and 74.011 of the Competition Act and section 7.1 of the Personal Information Protection and Electronic Documents Act. GENERAL
Mandate
62. The Commission is responsible for the administration of sections 6 to 46.
Appointment of experts, etc.
63. (1) The Commission may, with the approval of the Governor in Council, engage experts or other persons to assist the Commission in any matter.
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Remuneration
(2) The experts and other persons engaged by the Commission must be paid the remuneration, and are entitled to be paid the travel and living expenses incurred in providing assistance to the Commission, as may be fixed by the Governor in Council.
Remuneration and expenses payable out of appropriations
(3) The remuneration and expenses of the experts and other persons engaged by the Commission must be paid out of money appropriated by Parliament to defray the cost of administering this Act.
Regulations — Governor in Council
64. (1) The Governor in Council may make regulations (a) specifying the circumstances in which consent is deemed to have been withdrawn for the purposes of section 6; (b) defining “personal relationship” and “family relationship” for the purposes of paragraph 6(5)(a); (c) specifying classes of commercial electronic messages, or circumstances in which such messages are sent, for the purposes of paragraph 6(5)(c); (d) specifying purposes of electronic messages for the purposes of paragraph 6(6)(g); (e) specifying the use that may be made of a consent and the conditions on which a consent may be used for the purposes of paragraph 10(2)(b); (f) specifying functions for the purposes of paragraph 10(5)(g); (g) specifying operations for the purposes of subsection 10(6); (h) specifying programs for the purposes of subparagraph 10(8)(a)(vi); (i) specifying the circumstances mentioned in subsection 10(9) in which consent may be implied; (j) defining “membership”, “club”, “association” and “voluntary organization” for the purposes of subsection 10(13); (k) designating provisions whose contravention constitutes a separate contravention in respect of each day during which it continues;
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(l) establishing additional factors to be taken into account in determining the amount payable under paragraph 51(1)(b); and (m) generally, for carrying out the purposes and provisions of this Act. Regulations — Commission
(2) The Commission may make regulations (a) respecting the form of a request for consent for the purposes of subsections 10(1) and (3); (b) respecting undertakings under subsection 21(1); (c) respecting the service of documents required or authorized to be served under this Act including the manner and proof of service and the circumstances under which documents are to be considered to be served; and (d) prescribing anything that is to be prescribed under this Act.
Review of Act by Parliamentary committee
65. Three years after the day on which this section comes into force, a review of the provisions and operation of this Act must be undertaken by any committee of the Senate, of the House of Commons or of both Houses of Parliament that is designated or established for that purpose. TRANSITIONAL PROVISIONS
Existing business or nonbusiness relationships
66. A person’s consent to receiving commercial electronic messages from another person is implied until the person gives notification that they no longer consent to receiving such messages from that other person or until three years after the day on which section 6 comes into force, whichever is earlier, if, when that section comes into force, (a) those persons have an existing business relationship or an existing non-business relationship, as defined in subsection 10(10) or (13), respectively, without regard to the period mentioned in that subsection; and (b) the relationship includes the communication between them of commercial electronic messages.
2010 Software updates and upgrades
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67. If a computer program was installed on a person’s computer system before section 8 comes into force, the person’s consent to the installation of an update or upgrade to the program is implied until the person gives notification that they no longer consent to receiving such an installation or until three years after the day on which section 8 comes into force, whichever is earlier. AMENDMENT TO THIS ACT 68. Subsection 6(8) of this Act is repealed.
R.S., c. C-22
AMENDMENT TO THE CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION ACT
1993, c. 38, s. 85; 2001, c. 34, s. 31(E)
69. Subsection 12(2) of the Canadian Radio-television and Telecommunications Commission Act is replaced by the following:
Telecommunications
(2) The full-time members of the Commission and the Chairperson shall exercise the powers and perform the duties vested in the Commission and the Chairperson, respectively, by the Telecommunications Act or any special Act, as defined in subsection 2(1) of that Act, or by An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act.
R.S., c. C-34; R.S., c. 19 (2nd Supp.), s. 19
AMENDMENTS TO THE COMPETITION ACT
R.S., c. 19 (2nd Supp.), s. 20(3)
70. (1) The definition “record” in subsection 2(1) of the Competition Act is replaced by the following:
48 “record” « document »
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“record” means any information that is recorded on any medium and that is capable of being understood by a person or read by a computer system or other device; (2) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:
“computer system” « ordinateur »
“data” « données »
“electronic message” « message électronique »
“information” « renseignement »
“locator” « localisateur »
“sender information” « renseignements sur l’expéditeur »
“subject matter information” « objet »
“computer system” has the same meaning as in subsection 342.1(2) of the Criminal Code; “data”, other than in Part III, means signs, signals, symbols or concepts that are being prepared or have been prepared in a form suitable for use in a computer system; “electronic message” means a message sent by any means of telecommunication, including a text, sound, voice or image message; “information” includes data;
“locator” means a name or information used to identify a source of data on a computer system, and includes a URL; “sender information” means the part of an electronic message — including the data relating to source, routing, addressing or signalling — that identifies or purports to identify the sender or the origin of the message; “subject matter information” means the part of an electronic message that purports to summarize the contents of the message or to give an indication of them;
R.S., c. 19 (2nd Supp.), s. 24
71. Subsection 16(6) of the Act is repealed.
R.S., c. 19 (2nd Supp.), s. 24
72. Subsection 20(2) of the Act is replaced by the following:
Copies
(2) Copies of any records referred to in subsection (1), made by any process of reproduction, on proof orally or by affidavit
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that they are true copies, are admissible in evidence in any proceedings under this Act and have the same probative force as the original. 1999, c. 2, s. 10; 2002, c. 16, s. 5
73. Subsections 33(1) to (7) of the Act are replaced by the following:
Interim injunction
33. (1) On application by or on behalf of the Attorney General of Canada or the attorney general of a province, a court may issue an interim injunction forbidding any person named in the application from doing any act or thing that it appears to the court could constitute or be directed toward the commission of an offence under Part VI — other than an offence under section 52 involving the use of any means of telecommunication or an offence under section 52.01, 52.1 or 53 — or under section 66, pending the commencement or completion of a proceeding under subsection 34(2) or a prosecution against the person, if it appears to the court that (a) the person has done, is about to do or is likely to do any act or thing constituting or directed toward the commission of the offence; and (b) if the offence is committed or continued, (i) injury to competition that cannot adequately be remedied under any other provision of this Act will result, or (ii) serious harm is likely to ensue unless the injunction is issued and the balance of convenience favours issuing the injunction.
Injunction — offences involving telecommunication
(1.1) On application by or on behalf of the Attorney General of Canada or the attorney general of a province, a court may issue an injunction forbidding any person named in the application from doing any act or thing that it appears to the court could constitute or be directed toward the commission of an offence under section 52 involving the use of any means
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of telecommunication or an offence under section 52.01, 52.1 or 53, if it appears to the court that (a) the person has done, is about to do or is likely to do any act or thing constituting or directed toward the commission of the offence; (b) if the offence is committed or continued, serious harm is likely to ensue unless the injunction is issued; and (c) the balance of convenience favours issuing the injunction. Injunction against third parties — offences involving telecommunication
(1.2) On application by or on behalf of the Attorney General of Canada or the attorney general of a province, a court may issue an injunction ordering any person named in the application to refrain from supplying to another person a product that it appears to the court is or is likely to be used to commit or continue an offence under section 52 involving the use of any means of telecommunication or an offence under section 52.01, 52.1 or 53, or to do any act or thing that it appears to the court could prevent the commission or continuation of such an offence, if it appears to the court that (a) a person has done, is about to do or is likely to do any act or thing constituting or directed toward the commission of the offence; (b) if the offence is committed or continued, serious harm is likely to ensue unless the injunction is issued; and (c) the balance of convenience favours issuing the injunction.
Notice of application
(2) Subject to subsection (3), at least 48 hours’ notice of an application for an injunction under subsection (1), (1.1) or (1.2) shall be given by or on behalf of the Attorney General of Canada or the attorney general of a province, as the case may be, to each person against whom the injunction is sought.
2010 Ex parte application
Terms of injunction
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(3) If a court to which an application is made under subsection (1), (1.1) or (1.2) is satisfied that subsection (2) cannot reasonably be complied with, or that the urgency of the situation is such that service of notice in accordance with subsection (2) would not be in the public interest, it may proceed with the application ex parte but any injunction issued under subsection (1), (1.1) or (1.2) by the court on ex parte application has effect only for the period, not exceeding 10 days, that is specified in the order. (4) An injunction issued under subsection (1), (1.1) or (1.2) (a) shall be in the terms that the court that issues it considers necessary and sufficient to meet the circumstances of the case; and (b) subject to subsection (3), has effect for the period that is specified in the order.
Extension or cancellation of injunction
(5) On application by or on behalf of the Attorney General of Canada or the attorney general of a province, as the case may be, or by or on behalf of any person to whom the injunction is directed, on at least 48 hours’ notice of the application to all other parties to the injunction, a court that issues an injunction under subsection (1), (1.1) or (1.2) may, by order, (a) despite subsections (3) and (4), continue the injunction, with or without modification, for any definite period that is specified in the order; or (b) revoke the injunction.
Duty of applicant
(6) If an injunction is issued under subsection (1), (1.1) or (1.2), the Attorney General of Canada or the attorney general of a province, as the case may be, shall proceed as expeditiously as possible to institute and conclude any prosecution or proceedings arising out of the acts or things on the basis of which the injunction was issued.
Punishment for disobedience
(7) A court may punish any person who contravenes an injunction issued by it under subsection (1), (1.1) or (1.2) by a fine in the discretion of the court or by imprisonment for a term not exceeding two years.
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1999, c. 2, s. 12(1)
74. (1) Subsection 52(1.2) of the Act is replaced by the following:
Permitted representations
(1.2) For greater certainty, in this section and in sections 52.01, 52.1, 74.01, 74.011 and 74.02, the making or sending of a representation includes permitting a representation to be made or sent.
1999, c. 2, s. 12(1)
(2) Paragraph 52(2)(d) of the Act is replaced by the following: (d) made in the course of in-store or door-todoor selling to a person as ultimate user, or by communicating orally by any means of telecommunication to a person as ultimate user, or 75. The Act is amended by adding the following after section 52:
False or misleading representation — sender or subject matter information
52.01 (1) No person shall, for the purpose of promoting, directly or indirectly, any business interest or the supply or use of a product, knowingly or recklessly send or cause to be sent a false or misleading representation in the sender information or subject matter information of an electronic message.
False or misleading representation — electronic message
(2) No person shall, for the purpose of promoting, directly or indirectly, any business interest or the supply or use of a product, knowingly or recklessly send or cause to be sent in an electronic message a representation that is false or misleading in a material respect.
False or misleading representation — locator
(3) No person shall, for the purpose of promoting, directly or indirectly, any business interest or the supply or use of a product, knowingly or recklessly make or cause to be made a false or misleading representation in a locator.
Proof of deception not required
(4) For greater certainty, in establishing that any of subsections (1) to (3) was contravened, it is not necessary to prove that any person was deceived or misled.
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General impression to be considered
(5) In a prosecution for a contravention of any of subsections (1) to (3), the general impression conveyed by a representation as well as its literal meaning are to be taken into account.
Offence and punishment
(6) Any person who contravenes any of subsections (1) to (3) is guilty of an offence and (a) liable on conviction on indictment to a fine in the discretion of the court or to imprisonment for a term not exceeding 14 years, or to both; or (b) liable on summary conviction to a fine not exceeding $200,000 or to imprisonment for a term not exceeding one year, or to both.
Reviewable conduct
(7) Nothing in Part VII.1 is to be read as excluding the application of this section to the making of a representation that constitutes reviewable conduct within the meaning of that Part.
Where application made under Part VII.1
(8) No proceedings may be commenced under this section against a person on the basis of facts that are the same or substantially the same as the facts on the basis of which an order against that person is sought under Part VII.1.
Interpretation
(9) For the purposes of this section, (a) an electronic message is considered to have been sent once its transmission has been initiated; and (b) it is immaterial whether the electronic address to which an electronic message is sent exists or whether an electronic message reaches its intended destination.
Assisting foreign states
52.02 (1) The Commissioner may, for the purpose of assisting an investigation or proceeding in respect of the laws of a foreign state, an international organization of states or an international organization established by the governments of states that address conduct that is substantially similar to conduct prohibited under section 52, 52.01, 52.1, 53, 55 or 55.1,
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(a) conduct any investigation that the Commissioner considers necessary to collect relevant information, using any powers that the Commissioner may use under this Act or the Criminal Code to investigate an offence under any of those sections; and (b) disclose the information to the government of the foreign state or to the international organization, or to any institution of any such government or organization responsible for conducting investigations or initiating proceedings in respect of the laws in respect of which the assistance is being provided, if the government, organization or institution declares in writing that (i) the use of the information will be restricted to purposes relevant to the investigation or proceeding, and (ii) the information will be treated in a confidential manner and, except for the purposes mentioned in subparagraph (i), will not be further disclosed without the Commissioner’s express consent. Mutual assistance
(2) In deciding whether to provide assistance under subsection (1), the Commissioner shall consider whether the government, organization or institution agrees to provide assistance for investigations or proceedings in respect of any of the sections mentioned in subsection (1).
1999, c. 2, s. 13
76. (1) Subsection 52.1(1) of the Act is replaced by the following:
Definition of “telemarketing”
52.1 (1) In this section, “telemarketing” means the practice of communicating orally by any means of telecommunication for the purpose of promoting, directly or indirectly, any business interest or the supply or use of a product.
1999, c. 2, s. 13
(2) Paragraph 52.1(2)(a) of the Act is replaced by the following: (a) disclosure is made, in a fair and reasonable manner at the beginning of each communication, of the identity of the person on behalf of whom the communication is
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made, the nature of the business interest or product being promoted and the purposes of the communication; 1999, c. 2, s. 13
(3) Subsection 52.1(5) of the Act is replaced by the following:
Time of disclosure
(5) The disclosure of information referred to in paragraph (2)(b) or (c) or (3)(b) or (c) must be made during the course of a communication unless it is established by the accused that the information was disclosed within a reasonable time before the communication, by any means, and the information was not requested during the communication. 77. The Act is amended by adding the following after section 74.01:
False or misleading representation — sender or subject matter information
74.011 (1) A person engages in reviewable conduct who, for the purpose of promoting, directly or indirectly, any business interest or the supply or use of a product, sends or causes to be sent a false or misleading representation in the sender information or subject matter information of an electronic message.
False or misleading representation — electronic message
(2) A person engages in reviewable conduct who, for the purpose of promoting, directly or indirectly, any business interest or the supply or use of a product, sends or causes to be sent in an electronic message a representation that is false or misleading in a material respect.
False or misleading representation — locator
(3) A person engages in reviewable conduct who, for the purpose of promoting, directly or indirectly, any business interest or the supply or use of a product, makes or causes to be made a false or misleading representation in a locator.
General impression to be considered
(4) In proceedings under this section, the general impression conveyed by a representation as well as its literal meaning shall be taken into account in determining whether or not the person who made the representation engaged in the reviewable conduct.
Interpretation
(5) For the purposes of this section,
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(a) an electronic message is considered to have been sent once its transmission has been initiated; and (b) it is immaterial whether the electronic address to which an electronic message is sent exists or whether an electronic message reaches its intended destination. Assisting foreign states
74.012 (1) The Commissioner may, for the purpose of assisting an investigation or proceeding in respect of the laws of a foreign state, an international organization of states or an international organization established by the governments of states that address conduct that is substantially similar to conduct that is reviewable under section 74.01, 74.011, 74.02, 74.04, 74.05 or 74.06, (a) conduct any investigation that the Commissioner considers necessary to collect relevant information, using any powers that the Commissioner may use under this Act to investigate conduct that is reviewable under any of those sections; and (b) disclose the information to the government of the foreign state or to the international organization, or to any institution of any such government or organization responsible for conducting investigations or initiating proceedings in respect of the laws in respect of which the assistance is being provided, if the government, organization or institution declares in writing that (i) the use of the information will be restricted to purposes relevant to the investigation or proceeding, and (ii) the information will be treated in a confidential manner and, except for the purposes mentioned in subparagraph (i), will not be further disclosed without the Commissioner’s express consent.
Limitation
(2) Subsection (1) does not apply if the contravention of the laws of the foreign state has consequences that would be considered penal under Canadian law.
Mutual assistance
(3) In deciding whether to provide assistance under subsection (1), the Commissioner shall consider whether the government, organization
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or institution agrees to provide assistance for investigations or proceedings in respect of any of the sections mentioned in subsection (1). 1999, c. 2, s. 22
78. Paragraph 74.03(1)(d) of the Act is replaced by the following: (d) made in the course of in-store or door-todoor selling to a person as ultimate user, or by communicating orally by any means of telecommunication to a person as ultimate user, or 79. The Act is amended by adding the following after section 74.1:
Deduction from administrative monetary penalty
74.101 (1) If a court determines that a person is engaging in or has engaged in conduct that is reviewable under section 74.011 and orders the person to pay an administrative monetary penalty under paragraph 74.1(1)(c), then the court shall deduct from the amount of the penalty that it determines any amount that the person (a) has been ordered to pay under paragraph 51(1)(b) of An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act in respect of the same conduct; or (b) has agreed in a settlement agreement to pay on account of amounts referred to in paragraph 51(1)(b) of that Act in respect of the same conduct.
Restitution and interim injunction
(2) If a court determines that a person is engaging in or has engaged in conduct that is reviewable under subsection 74.011(2), it may order the person to pay an amount under paragraph 74.1(1)(d), and may issue an interim injunction under section 74.111, as if the conduct were conduct that is reviewable under paragraph 74.01(1)(a).
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1999, c. 2, s. 22; 2002, c. 16, s. 10(1)
80. Subsections 74.11(1) to (4) of the Act are replaced by the following:
Temporary order
74.11 (1) On application by the Commissioner, a court may order a person who it appears to the court is engaging in conduct that is reviewable under this Part not to engage in that conduct or substantially similar reviewable conduct if it appears to the court that (a) serious harm is likely to ensue unless the order is issued; and (b) the balance of convenience favours issuing the order.
Temporary order — supply of a product
(1.1) On application by the Commissioner, a court may order any person named in the application to refrain from supplying to another person a product that it appears to the court is or is likely to be used to engage in conduct that is reviewable under this Part, or to do any act or thing that it appears to the court could prevent a person from engaging in such conduct, if it appears to the court that (a) serious harm is likely to ensue unless the order is issued; and (b) the balance of convenience favours issuing the order.
Duration
(2) Subject to subsection (5), an order made under subsection (1) or (1.1) has effect, or may be extended on application by the Commissioner, for any period that the court considers sufficient to meet the circumstances of the case.
Notice of application
(3) Subject to subsection (4), at least 48 hours’ notice of an application referred to in subsection (1), (1.1) or (2) shall be given by or on behalf of the Commissioner to the person in respect of whom the order or extension is sought.
Ex parte application
(4) The court may proceed ex parte with an application made under subsection (1) or (1.1) if it is satisfied that subsection (3) cannot reasonably be complied with or that the urgency of the situation is such that service of notice in accordance with subsection (3) would not be in the public interest.
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1999, c. 2, s. 22
81. Section 74.16 of the Act is replaced by the following:
Where proceedings commenced under section 52 or 52.01
74.16 No application may be made under this Part against a person on the basis of facts that are the same or substantially the same as the facts on the basis of which proceedings have been commenced against that person under section 52 or 52.01.
2000, c. 5
AMENDMENTS TO THE PERSONAL INFORMATION PROTECTION AND ELECTRONIC DOCUMENTS ACT 82. The Personal Information Protection and Electronic Documents Act is amended by adding the following after section 7:
Definitions
“access” « utiliser »
“computer program” « programme d’ordinateur »
“computer system” « ordinateur »
“electronic address” « adresse électronique »
7.1 (1) The following definitions apply in this section. “access” means to program, to execute programs on, to communicate with, to store data in, to retrieve data from, or to otherwise make use of any resources, including data or programs on a computer system or a computer network. “computer program” has the same meaning as in subsection 342.1(2) of the Criminal Code. “computer system” has the same meaning as in subsection 342.1(2) of the Criminal Code. “electronic address” means an address used in connection with (a) an electronic mail account; (b) an instant messaging account; or (c) any similar account.
Collection of electronic addresses, etc.
(2) Paragraphs 7(1)(a), (c) and (d) and (2)(a) to (c.1) and the exception set out in clause 4.3 of Schedule 1 do not apply in respect of (a) the collection of an individual’s electronic address, if the address is collected by the use of a computer program that is designed or
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marketed primarily for use in generating or searching for, and collecting, electronic addresses; or (b) the use of an individual’s electronic address, if the address is collected by the use of a computer program described in paragraph (a). Accessing a computer system to collect personal information, etc.
(3) Paragraphs 7(1)(a) to (d) and (2)(a) to (c.1) and the exception set out in clause 4.3 of Schedule 1 do not apply in respect of (a) the collection of personal information, through any means of telecommunication, if the collection is made by accessing a computer system or causing a computer system to be accessed in contravention of an Act of Parliament; or (b) the use of personal information that is collected in a manner described in paragraph (a). 83. Section 12 of the Act is replaced by the following:
Examination of complaint by Commissioner
12. (1) The Commissioner shall conduct an investigation in respect of a complaint, unless the Commissioner is of the opinion that (a) the complainant ought first to exhaust grievance or review procedures otherwise reasonably available; (b) the complaint could more appropriately be dealt with, initially or completely, by means of a procedure provided for under the laws of Canada, other than this Part, or the laws of a province; or (c) the complaint was not filed within a reasonable period after the day on which the subject matter of the complaint arose.
Exception
(2) Despite subsection (1), the Commissioner is not required to conduct an investigation in respect of an act alleged in a complaint if the Commissioner is of the opinion that the act, if proved, would constitute a contravention of any of sections 6 to 9 of An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that
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discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act or section 52.01 of the Competition Act or would constitute conduct that is reviewable under section 74.011 of that Act. Notification
(3) The Commissioner shall notify the complainant and the organization that the Commissioner will not investigate the complaint or any act alleged in the complaint and give reasons.
Compelling reasons
(4) The Commissioner may reconsider a decision not to investigate under subsection (1), if the Commissioner is satisfied that the complainant has established that there are compelling reasons to investigate.
Powers of Commissioner
12.1 (1) In the conduct of an investigation of a complaint, the Commissioner may (a) summon and enforce the appearance of persons before the Commissioner and compel them to give oral or written evidence on oath and to produce any records and things that the Commissioner considers necessary to investigate the complaint, in the same manner and to the same extent as a superior court of record; (b) administer oaths; (c) receive and accept any evidence and other information, whether on oath, by affidavit or otherwise, that the Commissioner sees fit, whether or not it is or would be admissible in a court of law; (d) at any reasonable time, enter any premises, other than a dwelling-house, occupied by an organization on satisfying any security requirements of the organization relating to the premises; (e) converse in private with any person in any premises entered under paragraph (d) and otherwise carry out in those premises any inquiries that the Commissioner sees fit; and
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(f) examine or obtain copies of or extracts from records found in any premises entered under paragraph (d) that contain any matter relevant to the investigation. Dispute resolution mechanisms
(2) The Commissioner may attempt to resolve complaints by means of dispute resolution mechanisms such as mediation and conciliation.
Delegation
(3) The Commissioner may delegate any of the powers set out in subsection (1) or (2).
Return of records
(4) The Commissioner or the delegate shall return to a person or an organization any record or thing that they produced under this section within 10 days after they make a request to the Commissioner or the delegate, but nothing precludes the Commissioner or the delegate from again requiring that the record or thing be produced.
Certificate of delegation
(5) Any person to whom powers set out in subsection (1) are delegated shall be given a certificate of the delegation and the delegate shall produce the certificate, on request, to the person in charge of any premises to be entered under paragraph (1)(d). Discontinuance of Investigation
Reasons
12.2 (1) The Commissioner may discontinue the investigation of a complaint if the Commissioner is of the opinion that (a) there is insufficient evidence to pursue the investigation; (b) the complaint is trivial, frivolous or vexatious or is made in bad faith; (c) the organization has provided a fair and reasonable response to the complaint; (d) the matter is already the object of an ongoing investigation under this Part; (e) the matter has already been the subject of a report by the Commissioner; (f) any of the circumstances mentioned in paragraph 12(1)(a), (b) or (c) apply; or (g) the matter is being or has already been addressed under a procedure referred to in paragraph 12(1)(a) or (b).
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Other reason
(2) The Commissioner may discontinue an investigation in respect of an act alleged in a complaint if the Commissioner is of the opinion that the act, if proved, would constitute a contravention of any of sections 6 to 9 of An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act or section 52.01 of the Competition Act or would constitute conduct that is reviewable under section 74.011 of that Act.
Notification
(3) The Commissioner shall notify the complainant and the organization that the investigation has been discontinued and give reasons. 84. Subsection 13(2) of the Act is repealed. 85. Subsections 14(1) and (2) of the Act are replaced by the following:
Application
14. (1) A complainant may, after receiving the Commissioner’s report or being notified under subsection 12.2(3) that the investigation of the complaint has been discontinued, apply to the Court for a hearing in respect of any matter in respect of which the complaint was made, or that is referred to in the Commissioner’s report, and that is referred to in clause 4.1.3, 4.2, 4.3.3, 4.4, 4.6, 4.7 or 4.8 of Schedule 1, in clause 4.3, 4.5 or 4.9 of that Schedule as modified or clarified by Division 1, in subsection 5(3) or 8(6) or (7) or in section 10.
Time of application
(2) A complainant must make an application within 45 days after the report or notification is sent or within any further time that the Court may, either before or after the expiry of those 45 days, allow. 86. (1) Subsection 20(1) of the Act is replaced by the following:
Confidentiality
20. (1) Subject to subsections (2) to (6), 12(3), 12.2(3), 13(3), 19(1), 23(3) and 23.1(1) and section 25, the Commissioner or any person acting on behalf or under the direction of the
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Commissioner shall not disclose any information that comes to their knowledge as a result of the performance or exercise of any of the Commissioner’s duties or powers under this Part. (2) Section 20 of the Act is amended by adding the following after subsection (5): Disclosure
(6) The Commissioner may disclose information, or may authorize any person acting on behalf or under the direction of the Commissioner to disclose information, in the course of proceedings in which the Commissioner has intervened under paragraph 50(c) of An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act or in accordance with subsection 58(3) or 60(1) of that Act. 87. Section 23 of the Act is replaced by the following:
Consultations with provinces
23. (1) If the Commissioner considers it appropriate to do so, or on the request of an interested person, the Commissioner may, in order to ensure that personal information is protected in as consistent a manner as possible, consult with any person who, under provincial legislation, has functions and duties similar to those of the Commissioner with respect to the protection of such information.
Agreements or arrangements with provinces
(2) The Commissioner may enter into agreements or arrangements with any person referred to in subsection (1) in order to (a) coordinate the activities of their offices and the office of the Commissioner, including to provide for mechanisms for the handling of any complaint in which they are mutually interested;
Conseil de la radiodiffusion et des télécommuni des renseignements personnels et docume
(b) undertake and publish research or develop and publish guidelines or other instruments related to the protection of personal information; (c) develop model contracts or other instruments for the protection of personal information that is collected, used or disclosed interprovincially or internationally; and (d) develop procedures for sharing information referred to in subsection (3). Sharing of information with provinces
(3) The Commissioner may, in accordance with any procedure established under paragraph (2)(d), share information with any person referred to in subsection (1), if the information (a) could be relevant to an ongoing or potential investigation of a complaint or audit under this Part or provincial legislation that has objectives that are similar to this Part; or (b) could assist the Commissioner or that person in the exercise of their functions and duties with respect to the protection of personal information.
Purpose and confidentiality
(4) The procedures referred to in paragraph (2)(d) shall (a) restrict the use of the information to the purpose for which it was originally shared; and (b) stipulate that the information be treated in a confidential manner and not be further disclosed without the express consent of the Commissioner.
Disclosure of information to foreign state
23.1 (1) Subject to subsection (3), the Commissioner may, in accordance with any procedure established under paragraph (4)(b), disclose information referred to in subsection (2) that has come to the Commissioner’s knowledge as a result of the performance or exercise of any of the Commissioner’s duties or powers under this Part to any person or body who, under the legislation of a foreign state, has
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(a) functions and duties similar to those of the Commissioner with respect to the protection of personal information; or (b) responsibilities that relate to conduct that is substantially similar to conduct that would be in contravention of this Part. Information that can be shared
(2) The information that the Commissioner is authorized to disclose under subsection (1) is information that the Commissioner believes (a) would be relevant to an ongoing or potential investigation or proceeding in respect of a contravention of the laws of a foreign state that address conduct that is substantially similar to conduct that would be in contravention of this Part; or (b) is necessary to disclose in order to obtain from the person or body information that may be useful to an ongoing or potential investigation or audit under this Part.
Written arrangements
(3) The Commissioner may only disclose information to the person or body referred to in subsection (1) if the Commissioner has entered into a written arrangement with that person or body that (a) limits the information to be disclosed to that which is necessary for the purpose set out in paragraph (2)(a) or (b); (b) restricts the use of the information to the purpose for which it was originally shared; and (c) stipulates that the information be treated in a confidential manner and not be further disclosed without the express consent of the Commissioner.
Arrangements
(4) The Commissioner may enter into arrangements with one or more persons or bodies referred to in subsection (1) in order to (a) provide for cooperation with respect to the enforcement of laws protecting personal information, including the sharing of information referred to in subsection (2) and the
Conseil de la radiodiffusion et des télécommuni des renseignements personnels et docume
provision of mechanisms for the handling of any complaint in which they are mutually interested; (b) establish procedures for sharing information referred to in subsection (2); (c) develop recommendations, resolutions, rules, standards or other instruments with respect to the protection of personal information; (d) undertake and publish research related to the protection of personal information; (e) share knowledge and expertise by different means, including through staff exchanges; or (f) identify issues of mutual interest and determine priorities pertaining to the protection of personal information.
1993, c. 38
AMENDMENTS TO THE TELECOMMUNICATIONS ACT 88. (1) Subsection 39(2) of the Telecommunications Act is replaced by the following:
Information not to be disclosed
(2) Subject to subsections (4), (5), (5.1) and (6), where a person designates information as confidential and the designation is not withdrawn by that person, no person described in subsection (3) shall knowingly disclose the information, or knowingly allow it to be disclosed, to any other person in any manner that is calculated or likely to make it available for the use of any person who may benefit from the information or use the information to the detriment of any person to whose business or affairs the information relates. (2) Section 39 of the Act is amended by adding the following after subsection (5):
Disclosure
(5.1) The Commission may disclose designated information obtained by it in the performance or exercise of its duties or powers related to section 41, in respect of conduct carried out by electronic means, in accordance with subsection 58(1) or 60(1) of An Act to promote the
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Canadian Radio-television and Telecommuni Information Protection and Electronic
efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act.
89. (1) Section 41 of the Act is renumbered as subsection 41(1) and is amended by adding the following: Exception
(2) Despite subsection (1), the Commission may not prohibit or regulate the use by any person of the telecommunications facilities of a Canadian carrier for the provision of unsolicited telecommunications, if the telecommunication is (a) a commercial electronic message to which section 6 of An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act applies; or (b) a commercial electronic message referred to in subsection 6(5) of that Act, except to the extent that it is one referred to in subsection 6(8) of that Act.
(2) Subsection 41(2) of the Act, as enacted by subsection (1), is replaced by the following: Exception
(2) Despite subsection (1), the Commission may not prohibit — or, except to the extent provided by subsection (3), regulate — the use by any person of the telecommunications facilities of a Canadian carrier for the provision of unsolicited telecommunications, if the telecommunication is a commercial electronic
Conseil de la radiodiffusion et des télécommuni des renseignements personnels et docume
message to which An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act applies or a commercial electronic message referred to in subsection 6(5) of that Act. Regulation
(3) For the purposes of subsection (2), the Commission may regulate, with respect to the types of telecommunications described in subsection (4), (a) the hours during which the telecommunications facilities of a Canadian carrier may be used by any person; (b) the contact information to be provided by a person referred to in subsection (2) and the circumstances in which and persons to whom it must be provided; (c) telecommunications made to medical or emergency services; and (d) telecommunications where a live operator is not immediately available when the recipient of the telecommunication connects to it.
Types of telecommunications
(4) For the purposes of subsection (3), the types of telecommunications are those that are (a) in whole or in part, interactive two-way voice communications between individuals; (b) sent by means of a facsimile to a telephone account; or (c) voice recordings sent to a telephone account.
2005, c. 50, s. 1
90. Sections 41.1 to 41.7 of the Act are repealed.
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Canadian Radio-television and Telecommuni Information Protection and Electronic
COMING INTO FORCE Order in council
91. The provisions of this Act come into force on a day or days to be fixed by order of the Governor in Council.
Published under authority of the Speaker of the House of Commons Available from: Publishing and Depository Services Public Works and Government Services Canada Ottawa, Ontario K1A 0S5 Telephone: 613-941-5995 or 1-800-635-7943 Fax: 613-954-5779 or 1-800-565-7757 publications@tpsgc-pwgsc.gc.ca http://publications.gc.ca
Also available on the Parliament of Can Aussi disponible sur le site Web du Par http://www Available from: Publishing and Depository Services Public Works and Government Services Canada Ottawa, Ontario K1A 0S5 Telephone: 613-941-5995 or 1-800-635-7943 Fax: 613-954-5779 or 1-800-565-7757 publications@pwgsc.gc.ca http://publications.gc.ca
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Third Session, Fortieth Parliament, 59 Elizabeth II, 2010
STATUTES OF CANADA 2010
CHAPTER 22 An Act to amend the Old Age Security Act
ASSENTED TO 15th DECEMBER, 2010 BILL C-31
RECOMMENDATION Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act to amend the Old Age Security Act”.
SUMMARY This enactment amends the Old Age Security Act to preclude incarcerated persons from receiving benefits under this Act while maintaining entitlement to benefits for, and avoiding a reduction in the amounts payable to, their spouse or common-law partner under this Act.
Also available on the Parliament of Canada Web Site at the following address: http://www.parl.gc.ca
59 ELIZABETH II —————— CHAPTER 22 An Act to amend the Old Age Security Act
[Assented to 15th December, 2010] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: SHORT TITLE Short title
R.S., c. O-9
1. This Act may be cited as the Eliminating Entitlements for Prisoners Act. OLD AGE SECURITY ACT 2. Section 2 of the Old Age Security Act is amended by adding the following in alphabetical order:
“release” « libération »
“release”, in relation to a person who has been incarcerated, means release from custody on earned remission, at the expiry of a sentence, or on parole or statutory release that has not been terminated or revoked. 3. Section 5 of the Act is amended by adding the following after subsection (2):
Incarcerated persons
(3) No pension may be paid in respect of a period of incarceration — exclusive of the first month of that period — to a person who is subject to a sentence of imprisonment (a) that is to be served in a penitentiary by virtue of any Act of Parliament; or (b) that exceeds 90 days and is to be served in a prison, as defined in subsection 2(1) of the Prisons and Reformatories Act, if the government of the province in which the
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Old Age
prison is located has entered into an agreement under section 33.1 for the administration of this paragraph. 4. Section 8 of the Act is amended by adding the following after subsection (2): Incarcerated persons
(2.1) Despite subsection (1), if the application by a person described in subsection 5(3) is approved while that person is incarcerated, payment of their pension shall commence in respect of the month in which they are released but only after they notify the Minister in writing before or after their release. 5. The Act is amended by adding the following after section 9.1:
Resumption of pension
9.2 Payment of a pension that is suspended by virtue of subsection 5(3) shall resume in respect of the month in which a pensioner is released but only after they notify the Minister in writing before or after their release. 6. Section 15 of the Act is amended by adding the following after subsection (3.1):
Direction — spouse or common-law partner of incarcerated person
(3.2) The Minister may, after any investigation that the Minister considers necessary, direct, in respect of any month in a payment period, that an application for a supplement be considered and dealt with as though the applicant did not have a spouse or commonlaw partner on the last day of the previous payment period if the Minister is satisfied that, at any time during the preceding month, the applicant was the spouse or common-law partner of an incarcerated person described in subsection 5(3), except for the month in which the applicant’s spouse or common-law partner is released.
Continuing direction
(3.3) A direction made under subsection (3.2) continues to apply in respect of every subsequent month until the month before the month in which the spouse or common-law partner is released. However, the Minister may, after any investigation of the circumstances that the Minister considers necessary, cancel the direction.
2010 Notification of release
Sécurité de (4) Every applicant who is the subject of a direction under subsection (3.2) shall inform the Minister without delay of their spouse or common-law partner’s release. 7. (1) Section 19 of the Act is amended by adding the following after subsection (1):
Incarcerated common-law partner
(1.1) For the purposes of subsection (1), common-law partners do not become former common-law partners if the sole reason for their separation is that one of the partners is an incarcerated person described in subsection 5(3) or paragraph 19(6)(f).
Incarcerated spouse
(1.2) For the purposes of paragraph (1)(a), a spouse is not considered to be separated from the pensioner if the sole reason for the separation is that the pensioner is an incarcerated person described in subsection 5(3). (2) Section 19 of the Act is amended by adding the following after subsection (4):
Treated as joint application
(4.01) If the pensioner is an incarcerated person described in subsection 5(3), their spouse or common-law partner may apply for an allowance individually and, for the purposes of subsection (4), that application shall be considered and dealt with as though it were a joint application of the pensioner and the spouse or common-law partner. (3) Subsection 19(6) of the Act is amended by striking out “or” at the end of paragraph (d), by adding “or” at the end of paragraph (e) and by adding the following after paragraph (e): (f) any period of incarceration — exclusive of the first month of that period — during which the spouse or common-law partner is subject to a sentence of imprisonment (i) that is to be served in a penitentiary by virtue of any Act of Parliament, or (ii) that exceeds 90 days and is to be served in a prison, as defined in subsection 2(1) of the Prisons and Reformatories Act, if the government of the province in which
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Old Age
the prison is located has entered into an agreement under section 33.1 for the administration of this paragraph. 1996, c. 18, s. 53(2); 2000, c. 12, par. 207(1)(f)
(4) Subsection 19(6.1) of the Act is replaced by the following:
Application of par. (6)(b)
(6.1) Paragraph (6)(b) does not apply to a spouse or common-law partner of a pensioner in respect of a month for which a supplement would be payable to the pensioner if (a) the special qualifying factor of that pensioner for that month were equal to one; or (b) the pensioner were not precluded from receiving a supplement by virtue of the application of subsection 5(3). (5) Section 19 of the Act is amended by adding the following after subsection (6.2):
Resumption of allowance
(6.3) Payment of an allowance that is suspended by virtue of paragraph (6)(f) shall resume in respect of the month in which the spouse or common-law partner is released but only if they (a) have notified the Minister in writing before or after their release; and (b) continue to be eligible for an allowance.
8. (1) Subsection 21(9) of the Act is amended by adding the following after paragraph (c): (d) any period of incarceration — exclusive of the first month of that period — during which the survivor is subject to a sentence of imprisonment (i) that is to be served in a penitentiary by virtue of any Act of Parliament, or (ii) that exceeds 90 days and is to be served in a prison, as defined in subsection 2(1) of the Prisons and Reformatories Act, if the government of the province in which
Sécurité de the prison is located has entered into an agreement under section 33.1 for the administration of this paragraph.
(2) Section 21 of the Act is amended by adding the following after subsection (9.1): Resumption of allowance
(9.2) Payment of an allowance suspended by virtue of paragraph (9)(d) shall resume in respect of the month in which the survivor is released but only if they (a) have notified the Minister in writing before or after their release; and (b) continue to be eligible for an allowance.
1998, c. 21, s. 116(3)(E); 2000, c. 12, par. 206(a) and 207(1)(h)
9. (1) The definition “monthly joint income” in subsection 22(1) of the Act is replaced by the following:
“monthly joint income” « revenu conjoint mensuel »
“monthly joint income” of a pensioner and the pensioner’s spouse or common-law partner in a current payment period is the amount that equals one-twelfth of the total incomes of the pensioner and the spouse or common-law partner for the base calendar year; however, for the purpose of calculating the allowance that may be paid to the pensioner’s spouse or common-law partner under subsection (3) for the months during which the pensioner is an incarcerated person described in subsection 5(3) — exclusive of the first month of incarceration and the month of release — it is the amount that equals one-twelfth of the income of the spouse or common-law partner for the base calendar year; (2) Section 22 of the Act is amended by adding the following after subsection (2):
Limitation
(2.1) No supplement under subsection (2) may be paid to an incarcerated person described in subsection 5(3) for any month for which no pension may be paid.
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10. Section 23 of the Act is amended by adding the following after subsection (2): Incarcerated persons
(3) Despite subsections (1) and (1.1), if the application for an allowance by a person described in paragraph 19(6)(f) or 21(9)(d) is approved while that person is incarcerated, payment of their allowance shall commence in respect of the month in which they are released but only if they (a) have notified the Minister in writing before or after their release; and (b) continue to be eligible for an allowance. 11. Section 33.11 of the Act is amended by striking out “and” at the end of paragraph (b) and by adding the following after that paragraph: (b.1) the Commissioner of Corrections or staff members of the Correctional Service of Canada may make available to the Minister or a public officer of the Department of Human Resources and Skills Development any personal information that was obtained in the administration of the Corrections and Conditional Release Act, if the information is necessary for the administration of this Act; and
Published under authority of the Speaker of the House of Commons Available from: Publishing and Depository Services Public Works and Government Services Canada Ottawa, Ontario K1A 0S5 Telephone: 613-941-5995 or 1-800-635-7943 Fax: 613-954-5779 or 1-800-565-7757 publications@tpsgc-pwgsc.gc.ca http://publications.gc.ca
Also available on the Parliament of Can Aussi disponible sur le site Web du Par http://www Available from: Publishing and Depository Services Public Works and Government Services Canada Ottawa, Ontario K1A 0S5 Telephone: 613-941-5995 or 1-800-635-7943 Fax: 613-954-5779 or 1-800-565-7757 publications@pwgsc.gc.ca http://publications.gc.ca
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First Session, Forty-second Parliament, 64-65-66-67-68 Elizabeth II, 2015-2016-2017-2018-2019
STATUTES OF CANADA 2019
CHAPTER 9
An Act to amend certain Acts and Regulations in relation to firearms
ASSENTED TO JUNE 21, 2019 BILL C-71
SUMMARY Part 1 of this Act amends the Firearms Act to, among other things, (a) remove the reference to the five-year period, set out in subsection 5(2) of that Act, that applies to the mandatory consideration of certain eligibility criteria for holding a licence; (b) require, when a non-restricted firearm is transferred, that the transferee’s firearms licence be verified by the Registrar of Firearms and that businesses keep certain information related to the transfer; and (c) remove certain automatic authorizations to transport prohibited and restricted firearms.
Part 1 also amends the Criminal Code to repeal the authority of the Governor in Council to prescribe by regulation that a prohibited or restricted firearm be a non-restricted firearm or that a prohibited firearm be a restricted firearm and, in consequence, the Part (a) repeals certain provisions of regulations made under the Criminal Code; and (b) amends the Firearms Act to grandfather certain individuals and firearms, including firearms previously prescribed as restricted or non-restricted firearms in those provisions.
Furthermore, Part 1 amends section 115 of the Criminal Code to clarify that firearms and other things seized and detained by, or surrendered to, a peace officer at the time a prohibition order referred to in that section is made are forfeited to the Crown. Part 2, among other things, (a) amends the Ending the Long-gun Registry Act, by repealing the amendments made by the Economic Action Plan 2015 Act, No. 1, to retroactively restore the application of the Access to Information Act and the Privacy Act to the records related to the registration of non-restricted firearms until the day on which this enactment receives royal assent; (b) provides that the Access to Information Act and the Privacy Act continue to apply to proceedings that were initiated under those Acts before that day until the proceedings are finally disposed of, settled or abandoned; and (c) directs the Commissioner of Firearms to provide the minister of the Government of Quebec responsible for public security with a copy of such records, at that minister’s request.
i
Chapter 9: An Act to amend certain Acts and Regulations in relation to firearms SUMMARY
2015-2016-2017-2018-2019
ii
64-65-66-67-68 ELIZABETH II
CHAPTER 9
An Act to amend certain Acts and Regulations in relation to firearms [Assented to 21st June, 2019] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
PART 1
Amendments to the Firearms Act, the Criminal Code and the Regulations Prescribing Certain Firearms and Other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited, Restricted or NonRestricted 1995, c. 39
Firearms Act 2015, c. 27, s. 2(2)
1 (1) Subsection 2(2) of the Firearms Act is replaced by the following:
Criminal Code (2) Unless otherwise provided, words and expressions used in this Act have the meanings assigned to them by section 2 or 84 of the Criminal Code. (2) Section 2 of the Act is amended by adding the following after subsection (3):
2015-2016-2017-2018-2019
Chapter 9: An Act to amend certain Acts and Regulations in relation to firearms PART 1 Amendments to the Firearms Act, the Criminal Code and the Regulations Prescribing Certain Firearms and Other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited, Restricted or Non-Restricted Firearms Act Sections 1-3
For greater certainty (4) For greater certainty, nothing in this Act shall be construed so as to permit or require the registration of nonrestricted firearms. 2 (1) The portion of subsection 5(2) of the Act before paragraph (a) is replaced by the following:
Criteria (2) In determining whether a person is eligible to hold a licence under subsection (1), a chief firearms officer or, on a reference under section 74, a provincial court judge shall have regard to whether the person (2) Subsection 5(2) of the Act is amended by striking out “or” at the end of paragraph (b) and by replacing paragraph (c) with the following: (c) has a history of behaviour that includes violence or
threatened or attempted violence or threatening conduct on the part of the person against any person; (d) is or was previously prohibited by an order — made in the interests of the safety and security of any person — from communicating with an identified person or from being at a specified place or within a specified distance of that place, and presently poses a threat or risk to the safety and security of any person; (e) in respect of an offence in the commission of
which violence was used, threatened or attempted against the person’s intimate partner or former intimate partner, was previously prohibited by a prohibition order from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device or prohibited ammunition; or (f) for any other reason, poses a risk of harm to any person. (3) Section 5 of the Act is amended by adding the
following after subsection (2): For greater certainty (2.1) For greater certainty, for the purposes of paragraph
(2)(c), threatened violence and threatening conduct include threats or conduct communicated by the person to a person by means of the Internet or other digital network. 3 (1) Section 12 of the Act is amended by adding
the following after subsection (8):
2015-2016-2017-2018-2019
Chapter 9: An Act to amend certain Acts and Regulations in relation to firearms PART 1 Amendments to the Firearms Act, the Criminal Code and the Regulations Prescribing Certain Firearms and Other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited, Restricted or Non-Restricted Firearms Act Section 3
Grandfathered individuals — regulations (9) An individual is eligible to hold a licence authorizing
the individual to possess prohibited firearms of a prescribed class if the individual (a) possesses one or more firearms of that class on a day that is prescribed with respect to that class; (b) holds a registration certificate for one or more
firearms of that class in the circumstances prescribed with respect to that class; and (c) was continuously the holder of a registration certificate for one or more firearms of that class beginning on the day that is prescribed — or that is determined under the regulations — with respect to that class. (2) Section 12 of the Act is amended by adding the
following after subsection (9): Grandfathered individuals — CZ rifle (10) An individual is eligible to hold a licence authorizing the individual to possess one or more firearms referred to in subsection (11) if (a) the individual possessed one or more such
firearms on June 30, 2018; (b) the individual (i) held on that day a registration certificate for one
or more such firearms, in the case where at least one of those firearms was on that day a restricted firearm, or (ii) applies, before the first anniversary of the commencement day, for a registration certificate that is subsequently issued for a firearm referred to in subsection (11), in any other case; and (c) the individual was continuously the holder of a
registration certificate for one or more such firearms beginning on (i) June 30, 2018, in the case where at least one of those firearms was on that day a restricted firearm, or (ii) the day on which a registration certificate referred to in subparagraph (b)(ii) is issued to the individual, in any other case. Grandfathered firearms — CZ rifle (11) Subsection (10) applies in respect of a firearm that
2015-2016-2017-2018-2019
Chapter 9: An Act to amend certain Acts and Regulations in relation to firearms PART 1 Amendments to the Firearms Act, the Criminal Code and the Regulations Prescribing Certain Firearms and Other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited, Restricted or Non-Restricted Firearms Act Section 3
(a) is a (i) Ceská Zbrojovka (CZ) Model CZ858 Tactical-2P
rifle, (ii) Ceská Zbrojovka (CZ) Model CZ858 Tactical-2V
rifle, (iii) Ceská Zbrojovka (CZ) Model CZ858 Tactical-4P
rifle, or (iv) Ceská Zbrojovka (CZ) Model CZ858 Tactical-4V
rifle; and (b) was registered as a restricted firearm on June 30, 2018 or, in the case of a firearm that was not a restricted firearm on that day, is the subject of an application made before the first anniversary of the commencement day for a registration certificate that is subsequently issued.
For greater certainty (12) For greater certainty, the firearms referred to in
subparagraphs (11)(a)(i) to (iv) include only firearms that are prohibited firearms on the commencement day. Grandfathered individuals — SAN Swiss Arms (13) An individual is eligible to hold a licence authorizing the individual to possess one or more firearms referred to in subsection (14) if (a) the individual possessed one or more such firearms on June 30, 2018; (b) the individual (i) held on that day a registration certificate for one
or more such firearms, in the case where at least one of those firearms was on that day a restricted firearm, or (ii) applies, before the first anniversary of the commencement day, for a registration certificate that was subsequently issued for a firearm referred to in subsection (14), in any other case; and (c) the individual was continuously the holder of a
registration certificate for one or more such firearms beginning on (i) June 30, 2018, in the case where at least one of
the firearms was on that day a restricted firearm, or
2015-2016-2017-2018-2019
Chapter 9: An Act to amend certain Acts and Regulations in relation to firearms PART 1 Amendments to the Firearms Act, the Criminal Code and the Regulations Prescribing Certain Firearms and Other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited, Restricted or Non-Restricted Firearms Act Section 3
(ii) the day on which a registration certificate referred to in subparagraph (b)(ii) is issued to the individual, in any other case.
Grandfathered firearms — SAN Swiss Arms (14) Subsection (13) applies in respect of a firearm that (a) is a (i) SAN Swiss Arms Model Classic Green rifle, (ii) SAN Swiss Arms Model Classic Green carbine, (iii) SAN Swiss Arms Model Classic Green CQB rifle, (iv) SAN Swiss Arms Model Black Special rifle, (v) SAN Swiss Arms Model Black Special carbine, (vi) SAN Swiss Arms Model Black Special CQB rifle, (vii) SAN Swiss Arms Model Black Special Target
rifle, (viii) SAN Swiss Arms Model Blue Star rifle, (ix) SAN Swiss Arms Model Heavy Metal rifle, (x) SAN Swiss Arms Model Red Devil rifle, (xi) SAN Swiss Arms Model Swiss Arms Edition rifle, (xii) SAN Swiss Arms Model Classic Green Sniper
rifle, (xiii) SAN Swiss Arms Model Ver rifle, (xiv) SAN Swiss Arms Model Aestas rifle, (xv) SAN Swiss Arms Model Autumnus rifle, or (xvi) SAN Swiss Arms Model Hiemis rifle; and (b) was registered as a restricted firearm on June 30, 2018 or, in the case of a firearm that was not a restricted firearm on that day, is the subject of an application made before the first anniversary of the commencement day for a registration certificate that is subsequently issued.
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Chapter 9: An Act to amend certain Acts and Regulations in relation to firearms PART 1 Amendments to the Firearms Act, the Criminal Code and the Regulations Prescribing Certain Firearms and Other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited, Restricted or Non-Restricted Firearms Act Sections 3-4
2015, c. 27, s. 6
4 (1) Subsections 19(1.1) and (2) of the Act are replaced by the following:
Target practice or competition (1.1) In the case of an authorization to transport issued
for a reason referred to in paragraph (1)(a) within the province where the holder of the authorization resides, the specified places must — except in the case of an authorization that is issued for a prohibited firearm referred to in subsection 12(9) — include all shooting clubs and shooting ranges that are approved under section 29 and that are located in that province. Exception for prohibited firearms other than prohibited handguns (2) Despite subsection (1), an individual must not be authorized to transport a prohibited firearm — other than a handgun referred to in subsection 12(6.1) or a prohibited firearm referred to in subsection 12(9) — between specified places except for the purposes referred to in paragraph (1)(b). (2) Subsections 19(1.1) and (2) of the Act are replaced by the following:
Target practice or competition (1.1) In the case of an authorization to transport issued
for a reason referred to in paragraph (1)(a) within the province where the holder of the authorization resides, the specified places must — except in the case of an authorization that is issued for a prohibited firearm referred to in subsection 12(9), (11) or (14) — include all shooting clubs and shooting ranges that are approved under section 29 and that are located in that province. Exception for prohibited firearms other than prohibited handguns (2) Despite subsection (1), an individual must not be authorized to transport a prohibited firearm — other than a handgun referred to in subsection 12(6.1) or a prohibited firearm referred to in subsection 12(9), (11) or (14) — between specified places except for the purposes referred to in paragraph (1)(b). 2015, c. 27, s. 6
(3) Subsections 19(2.1) to (2.3) of the Act are replaced by the following:
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Chapter 9: An Act to amend certain Acts and Regulations in relation to firearms PART 1 Amendments to the Firearms Act, the Criminal Code and the Regulations Prescribing Certain Firearms and Other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited, Restricted or Non-Restricted Firearms Act Sections 4-5
Automatic authorization to transport — licence renewal (2.1) An individual who holds a licence authorizing the
individual to possess restricted firearms or handguns referred to in subsection 12(6.1) must, if the licence is renewed, be authorized to transport them within the individual’s province of residence to and from all shooting clubs and shooting ranges that are approved under section 29. However, the authorization does not apply to a restricted firearm or a handgun referred to in subsection 12(6.1) whose transfer to the individual was approved, in accordance with subparagraph 28(b)(ii), for the purpose of having it form part of a gun collection. Automatic authorization to transport — transfer (2.2) If a chief firearms officer has authorized the transfer of a prohibited firearm or a restricted firearm to an individual who holds a licence authorizing the individual to possess prohibited firearms or restricted firearms, the individual must be authorized to transport the firearm within the individual’s province of residence from the place where they acquire it to the place where they may possess it under section 17.
Automatic authorization to transport — transfer (2.3) If a chief firearms officer has authorized the transfer of a restricted firearm or a handgun referred to in subsection 12(6.1) to an individual who holds a licence authorizing the individual to possess a restricted firearm or such a handgun, the individual must be authorized to transport their restricted firearm or handgun within the individual’s province of residence to and from all shooting clubs and shooting ranges that are approved under section 29, unless the transfer of the restricted firearm or handgun was approved, in accordance with subparagraph 28(b)(ii), for the purpose of having it form part of a gun collection. 2012, c. 6, s. 11; 2015, c. 27, s. 7
5 Sections 23 and 23.1 of the Act are replaced by
the following: Authorization to transfer non-restricted firearms 23 (1) A person may transfer one or more non-restricted firearms if, at the time of the transfer, (a) the transferee holds a licence authorizing the
transferee to acquire and possess a non-restricted firearm; (b) the Registrar has, at the transferor’s request, issued a reference number for the transfer and provided it to the transferor; and (c) the reference number is still valid.
2015-2016-2017-2018-2019
Chapter 9: An Act to amend certain Acts and Regulations in relation to firearms PART 1 Amendments to the Firearms Act, the Criminal Code and the Regulations Prescribing Certain Firearms and Other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited, Restricted or Non-Restricted Firearms Act Sections 5-7
Information — transferee’s licence (2) The transferee shall provide to the transferor the prescribed information that relates to the transferee’s licence, for the purpose of enabling the transferor to request that the Registrar issue a reference number for the transfer. Reference number (3) The Registrar shall issue a reference number if he or she is satisfied that the transferee holds and is still eligible to hold a licence authorizing them to acquire and possess a non-restricted firearm.
Period of validity (4) A reference number is valid for the prescribed period.
Registrar not satisfied (5) If the Registrar is not satisfied as set out in subsection (3), he or she may so inform the transferor. 2015, c. 27, s. 11
6 Subsection 54(1) of the Act is replaced by the
following: Applications 54 (1) A licence, registration certificate or authorization, other than an authorization referred to in subsection 19(2.1), (2.2) or (2.3), may be issued only on application made in the prescribed form — which form may be in writing or electronic — or in the prescribed manner. The application must set out the prescribed information and be accompanied by payment of the prescribed fees.
7 The Act is amended by adding the following after section 58:
Conditions — licence issued to business 58.1 (1) A chief firearms officer who issues a licence to a
business must attach the following conditions to the licence: (a) the business must record and, for the prescribed
period, keep the prescribed information that relates to the business’ possession and disposal of non-restricted firearms; (b) the business must record and — for a period of 20
years from the day on which the business transfers a non-restricted firearm, or for a longer period that may be prescribed — keep the following information in respect of the transfer:
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Chapter 9: An Act to amend certain Acts and Regulations in relation to firearms PART 1 Amendments to the Firearms Act, the Criminal Code and the Regulations Prescribing Certain Firearms and Other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited, Restricted or Non-Restricted Firearms Act Sections 7-10
(i) the reference number issued by the Registrar, (ii) the day on which the reference number was issued, (iii) the transferee’s licence number, and (iv) the firearm’s make, model and type and, if any, its serial number; and (c) the business must, unless otherwise directed by a chief firearms officer, transmit any records containing the information referred to in paragraph (a) or (b) to a prescribed official if it is determined that the business will cease to be a business.
Destruction of records (2) The prescribed official may destroy the records transmitted to them under paragraph (1)(c) at the times and in the circumstances that may be prescribed.
2015, c. 27, s. 13(1)
8 Subsection 61(3.1) of the Act is replaced by the following:
Automatic authorization to transport (3.1) An authorization to transport referred to in subsection 19(1.1), (2.1), (2.2) or (2.3) must take the form of a condition attached to a licence.
9 Paragraph 70(1)(a) of the Act is amended by adding the following after subparagraph (i): (i.1) transfers, as defined in section 21, a non-restricted firearm other than in accordance with section 23,
10 (1) The portion of subsection 85(1) of the French version of the Act before subparagraph (a)(i) is replaced by the following:
Autres registres du directeur 85 (1) Le directeur établit un registre : a) des armes à feu acquises ou détenues par les personnes précisées ci-après et utilisées par celles-ci dans le cadre de leurs fonctions :
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Chapter 9: An Act to amend certain Acts and Regulations in relation to firearms PART 1 Amendments to the Firearms Act, the Criminal Code and the Regulations Prescribing Certain Firearms and Other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited, Restricted or Non-Restricted Firearms Act Sections 10-13
(2) Paragraph 85(1)(b) of the French version of
the Act is replaced by the following: b) des armes à feu acquises ou détenues par des particuliers sous les ordres et pour le compte des forces policières ou d’un ministère fédéral ou provincial; (3) Subsection 85(1) of the Act is amended by striking out “and” at the end of paragraph (a) and by adding the following after paragraph (b): (c) every request for a reference number made to the
Registrar under section 23 and, if the request is refused, the reasons for refusing the request; and (d) every reference number that is issued by the Registrar under subsection 23(3) and, with respect to each reference number, the day on which it was issued and the licence numbers of the transferor and transferee. (4) Subsection 85(2) of the Act is replaced by the following:
Reporting of acquisitions and transfers (2) A person referred to in paragraph (1)(a) or (b) who
acquires or transfers a firearm shall have the Registrar informed of the acquisition or transfer. 2012, c. 6, s. 25
11 Section 90.1 of the Act is repealed. 12 The portion of section 109 of the Act before
paragraph (a) is replaced by the following: Punishment 109 Every person who commits an offence under section
106, 107 or 108, who contravenes subsection 29(1) or who contravenes a regulation made under paragraph 117(d), (e), (f), (g), (i), (j), (k.2), (l), (m) or (n) the contravention of which has been made an offence under paragraph 117(o) 13 (1) Section 117 of the Act is amended by
adding the following after paragraph (c): (c.1) regulating, for the purpose of issuing a reference
number under section 23, the provision of information by a transferor, a transferee and the Registrar; (2) Paragraph 117(m) of the Act is replaced by the following: (m) regulating the keeping, transmission and destruction of records in relation to firearms, prohibited
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Chapter 9: An Act to amend certain Acts and Regulations in relation to firearms PART 1 Amendments to the Firearms Act, the Criminal Code and the Regulations Prescribing Certain Firearms and Other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited, Restricted or Non-Restricted Firearms Act Sections 13-17
weapons, restricted weapons, prohibited devices and prohibited ammunition; (3) Section 117 of the Act is amended by adding the following after paragraph (n): (n.1) regulating the transmission of records under
paragraph 58.1(1)(c) by a business to a prescribed official; 14 The Act is amended by adding the following after section 126:
Licence of business — deemed conditions 126.1 Every licence of a business that is valid on the
commencement day is deemed to include the conditions set out in paragraphs 58.1(1)(a) to (c). 15 The Act is amended by adding the following after section 135:
Revocation of authorization to transport 135.1 All of the following authorizations to transport a prohibited firearm or a restricted firearm are revoked: (a) authorizations issued under any of paragraphs
19(2.1)(b) to (e), as those paragraphs read immediately before the commencement day; and (b) authorizations issued under paragraph 19(2.2)(b),
as that paragraph read immediately before the commencement day, in respect of transportation to and from the places referred to in any of the paragraphs that are set out in paragraph (a).
R.S., c. C-46
Criminal Code 2015, c. 27, s. 18
16 The definition non-restricted firearm in subsection 84(1) of the Criminal Code is replaced by the following: non-restricted firearm means a firearm that is neither a prohibited firearm nor a restricted firearm; (arme à feu sans restriction) 1995, c. 39, s. 139
17 Subsection 115(1) of the Act is replaced by the following:
Forfeiture 115 (1) Unless a prohibition order against a person
specifies otherwise, every thing the possession of which is
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Chapter 9: An Act to amend certain Acts and Regulations in relation to firearms PART 1 Amendments to the Firearms Act, the Criminal Code and the Regulations Prescribing Certain Firearms and Other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited, Restricted or Non-Restricted Criminal Code Sections 17-22
prohibited by the order is forfeited to Her Majesty if, on the commencement of the order, the thing is in the person’s possession or has been seized and detained by, or surrendered to, a peace officer. 2015, c. 27, s. 34
18 Subsections 117.15(3) and (4) of the Act are repealed. SOR/98-462; SOR/2015–213, s. 1
Regulations Prescribing Certain Firearms and Other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited, Restricted or NonRestricted 19 The title of the Regulations Prescribing Certain Firearms and Other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited, Restricted or Non-Restricted is replaced by the following: Regulations Prescribing Certain Firearms and Other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited or Restricted 20 Sections 3.1 and 3.2 of the Regulations are repealed. 21 Part 2.1 of the schedule to the Regulations is
repealed.
Coming into Force Order in council 22 (1) Section 1, subsections 3(2) and 4(2) and
sections 16 and 18 to 21 come into force on a day to be fixed by order of the Governor in Council. Order in council (2) Section 2 comes into force on a day to be fixed
by order of the Governor in Council. Order in council (3) Subsection 4(3) and sections 6, 8 and 15 come
into force on a day to be fixed by order of the Governor in Council.
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Chapter 9: An Act to amend certain Acts and Regulations in relation to firearms PART 1 Amendments to the Firearms Act, the Criminal Code and the Regulations Prescribing Certain Firearms and Other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited, Restricted or Non-Restricted Coming into Force Sections 22-25
Order in council (4) Sections 5 and 9 to 11 and subsection 13(1) come into force on a day to be fixed by order of the Governor in Council.
Order in council (5) Section 7, subsection 13(3) and section 14 come into force on a day to be fixed by order of the Governor in Council, but that day must not be before the day referred to in subsection (4).
PART 2 2012, c. 6
Ending the Long-gun Registry Act Amendments to the Act 2015, c. 36, s. 230
23 (1) Subsection 29(3) of the Ending the Longgun Registry Act is deemed never to have been amended by section 230 of the Economic Action Plan 2015 Act, No. 1. 2015, c. 36, s. 230
(2) Subsections 29(4) to (7) of the Ending the
Long-gun Registry Act are deemed never to have come into force and are repealed.
2015, c. 36, s. 231
24 Section 30 of the Ending the Long-gun Registry Act is deemed never to have come into force and is repealed.
Transitional Provisions Definitions 25 The following definitions apply in this section and in sections 26 to 28.
commencement day means the day on which this Act receives royal assent. (date d’entrée en vigueur) copy means a copy referred to in subsection 29(1) or (2) of the Ending the Long-gun Registry Act. (copie)
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Chapter 9: An Act to amend certain Acts and Regulations in relation to firearms PART 2 Ending the Long-gun Registry Act Transitional Provisions Sections 25-27
personal information means any personal information, as defined in section 3 of the Privacy Act, that is contained in a record or copy. (renseignements personnels) record means, other than in section 28, a record referred to in subsection 29(1) or (2) of the Ending the Long-gun Registry Act. (registres) specified proceeding means any request, complaint, investigation, application, judicial review, appeal or other proceeding under the Access to Information Act or the Privacy Act that is with respect to a record or copy or to personal information and that (a) was made or initiated on or before June 22, 2015 and was not concluded, or in respect of which no decision was made, on or before that day; or (b) was made or initiated after June 22, 2015 but
before the commencement day. (procédure désignée) Non-application — Access to Information Act 26 (1) Subject to section 27, the Access to Information Act does not apply as of the commencement day with respect to records and copies.
Non-application — Privacy Act (2) Subject to section 27, the Privacy Act, other
than its subsections 6(1) and (3), does not apply as of the commencement day with respect to personal information.
Non-application — subsections 6(1) and (3) of the Privacy Act (3) For greater certainty, by reason of subsection
29(3) of the Ending the Long-gun Registry Act, subsections 6(1) and (3) of the Privacy Act do not apply as of April 5, 2012 with respect to personal information.
Continued application 27 (1) The Privacy Act, other than its subsections 6(1) and (3), and the Access to Information Act continue to apply with respect to any specified proceeding and to any complaint,
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Chapter 9: An Act to amend certain Acts and Regulations in relation to firearms PART 2 Ending the Long-gun Registry Act Transitional Provisions Sections 27-29
investigation, application, judicial review or appeal that results from a specified proceeding.
Period running on June 22, 2015 restarts (2) A time limit, or other period of time, under the Access to Information Act or the Privacy Act that was running on June 22, 2015 with respect to a specified proceeding described in paragraph (a) of the definition of that expression in section 25 is deemed to restart, from the beginning, on the commencement day.
Specified proceeding initiated after June 22, 2015 (3) A specified proceeding described in paragraph (b) of the definition of that expression in section 25 is deemed to be made or initiated on the commencement day. For greater certainty (4) For
greater certainty, no destruction of records or copies that are the subject of proceedings referred to in subsection (1) is to occur until all proceedings referred to in that subsection are finally disposed of, settled or abandoned.
Permission to view records 28 The Commissioner of Firearms shall permit
the Information Commissioner to view — for the purpose of settling the Federal Court proceeding Information Commissioner of Canada v. Minister of Public Safety and Emergency Preparedness, bearing court file number T-785-15 — any record that was in the Canadian Firearms Registry on April 3, 2015. Copy to Government of Quebec 29 (1) The Commissioner of Firearms shall — for the purpose of the administration and enforcement of the Firearms Registration Act, chapter 15 of the Statutes of Quebec, 2016 — provide the Quebec Minister with a copy of all records that were in the Canadian Firearms Registry on April 3, 2015 and that relate to firearms registered, as at that day, as non-restricted firearms, if the Quebec Minister provides the Commissioner with a written request to that effect before the end of the 120th day after the day on which the Commissioner sends written notice under subsection (2).
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Chapter 9: An Act to amend certain Acts and Regulations in relation to firearms PART 2 Ending the Long-gun Registry Act Transitional Provisions Sections 29-30
Notice (2) If no request is provided under subsection (1)
before the Commissioner is in a position to proceed with ensuring the destruction of the records referred to in that subsection, the Commissioner shall, as soon as he or she is in that position, send written notice to the Quebec Minister of that fact. Destruction of records (3) Despite subsection 29(1) of the Ending the Long-gun Registry Act, the Commissioner shall proceed with ensuring the destruction of the records referred to in subsection (1) only after (a) he or she provides the Quebec Minister
with a copy of the records, in the case where that Minister provides a written request in accordance with subsection (1); or (b) the end of the 120th day after the day on which the Commissioner sends written notice under subsection (2), in any other case.
Definition of Quebec Minister (4) In this section, Quebec Minister means the minister of the Government of Quebec responsible for public security.
Extension 30 The Minister of Public Safety and Emergency
Preparedness may, during the 120-day period referred to in subsection 29(1), make an order extending that period for another 120 days, and in that case the references in subsections 29(1) and (3) to “the 120th day” are to be read as references to “the 240th day”.
Published under authority of the Speaker of the House of Commons 2015-2016-2017-2018-2019
Disponible sur le site Web de la Chambre des comm
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First Session, Forty-second Parliament, 64-65-66-67-68 Elizabeth II, 2015-2016-2017-2018-2019
STATUTES OF CANADA 2019
CHAPTER 8
An Act to amend the Oceans Act and the Canada Petroleum Resources Act
ASSENTED TO MAY 27, 2019 BILL C-55
RECOMMENDATION His Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act to amend the Oceans Act and the Canada Petroleum Resources Act”.
SUMMARY This enactment amends the Oceans Act to, among other things, (a) clarify the responsibility of the Minister of Fisheries and Oceans to establish a national network of marine protected areas; (b) empower the Minister to designate marine protected areas by order and prohibit certain activities in those areas; (c) provide that, within five years after the day on which the order of the Minister designating a marine protected area comes into force, the Minister is to make a recommendation to the Governor in Council to make regulations to replace that order or is to repeal it; (d) provide that the Governor in Council and Minister cannot use the lack of scientific certainty regarding the risks posed by any activity as a reason to postpone or refrain from exercising their powers or performing their duties and functions under subsection 35(3) or 35.1(2); (e) update and strengthen the powers of enforcement officers; (f) update the Act’s offence provisions, in particular to increase the amount of fines and to provide that ships may be subject to the offence provisions; and (g) create new offences for a person or ship that engages in prohibited activities within a marine protected area designated by an order or that contravenes certain orders.
This enactment also makes amendments to the Canada Petroleum Resources Act to, among other things, (a) expand the Governor in Council’s authority to prohibit an interest owner from commencing or continuing a work or activity in a marine protected area that is designated under the Oceans Act; (b) empower the competent Minister under the Canada Petroleum Resources Act to cancel an interest that is located in a marine protected area that is designated under the Oceans Act or in an area of the sea that may be so designated; and (c) provide for compensation to the interest owner for the cancellation or surrender of such an interest.
i
64-65-66-67-68 ELIZABETH II
CHAPTER 8 An Act to amend the Oceans Act and the Canada Petroleum Resources Act [Assented to 27th May, 2019] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1996, c. 31
Oceans Act Amendments to the Act 1 The Oceans Act is amended by adding the following before section 28:
Application 2 The Act is amended by adding the following before section 29:
National Strategy 3 The Act is amended by adding the following before section 35:
Designation of Marine Protected Areas 4 (1) The portion of subsection 35(1) of the Act before paragraph (a) is replaced by the following:
Marine protected areas 35 (1) A marine protected area is an area of the sea that forms part of the internal waters of Canada, the territorial sea of Canada or the exclusive economic zone of Canada and has been designated under this section or section 35.1 for special protection for one or more of the following reasons:
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(1.1) Section 35(1) of the Act is amended by striking out “and” at the end of paragraph (d), by adding “and” at the end of paragraph (e) and by adding the following after paragraph (e): (f) the conservation and protection of marine areas
for the purpose of maintaining ecological integrity. (1.2) Section 35 of the Act is amended by adding
the following after subsection (1):
Definition of ecological integrity (1.1) For the purpose of paragraph (1)(f), ecological integrity means a condition in which (a) the structure, composition and function of ecosystems are undisturbed by any human activity; (b) natural ecological processes are intact and selfsustaining; (c) ecosystems evolve naturally; and (d) an ecosystem’s capacity for self-renewal and its
biodiversity are maintained. (2) Subsection 35(2) of the Act is replaced by the following:
Network of marine protected areas (2) For the purposes of integrated management plans referred to in sections 31 and 32, the Minister shall lead and coordinate the development and implementation of a national network of marine protected areas on behalf of the Government of Canada. Performance of duties and functions (2.1) In performing his or her duties and functions under subsection (2), the Minister shall ensure that: (a) clearly identified objectives are set with regard to each marine protected area; and (b) the network of marine protected areas covers diverse habitat types, biogeographic regions and environmental conditions. (3) Subsection 35(3) of the Act is amended by striking out “and” at the end of paragraph (a) and by replacing paragraph (b) with the following: (b) delineating zones within marine protected areas;
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(c) prohibiting classes of activities within marine protected areas; and (d) respecting any other matter consistent with the purpose of the designation. 5 The Act is amended by adding the following after section 35:
Definitions 35.1 (1) The following definitions apply in this section.
foreign national has the same meaning as in subsection 2(1) of the Immigration and Refugee Protection Act. (étranger) foreign ship means a ship that is a foreign vessel, as defined in section 2 of the Canada Shipping Act, 2001. (navire étranger) ongoing means, with respect to an activity in the area of the sea that is designated by an order made under subsection (2) as a marine protected area, that the activity (a) was lawfully carried out in the year immediately before the day on which the order comes into force and does not require an authorization, including a permit or licence, under any applicable federal laws or laws of a province; (b) was lawfully carried out in the year immediately
before the day on which the order comes into force and was authorized, including by a permit or licence, under any applicable federal laws or laws of a province; or (c) was not carried out before the day on which the order comes into force, but was authorized and continues to be authorized, including by a permit or licence, under any applicable federal laws or laws of a province. (en cours)
Designation of marine protected area — Minister’s order (2) The Minister may, by order, designate a marine protected area in any area of the sea that is not designated as a marine protected area under paragraph 35(3)(a), in a manner that is not inconsistent with a land claims agreement that has been given effect and has been ratified or approved by an Act of Parliament and, in that order, the Minister (a) shall list the classes of activities that are ongoing
activities in the marine protected area;
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(b) shall prohibit, in the marine protected area, any
activity that is not part of a class of activities set out in paragraph (a) and that disturbs, damages, destroys or removes from that marine protected area any unique geological or archeological features or any living marine organism or any part of its habitat or is likely to do so; (c) may prohibit, in the marine protected area, any activity that is part of a class of activities set out in paragraph (a) and that is governed by an Act of Parliament under which the Minister is responsible for the management, conservation or protection of fisheries resources; and (d) may exempt from the prohibition in paragraph (b) or (c), subject to any conditions that the Minister considers appropriate, any activity referred to in those paragraphs in the marine protected area by a foreign national, an entity incorporated or formed by or under the laws of a country other than Canada, a foreign ship or a foreign state.
Exceptions (3) The prohibitions set out in an order made under subsection (2) do not apply to the following activities: (a) activities that are carried out in response to an
emergency situation or that are carried out by or on behalf of Her Majesty for the purpose of public safety, national defence, national security or law enforcement; and (b) marine scientific research activities that are consistent with the purpose of the designation of the marine protected area and that are authorized under federal laws or laws of a province, if required to be so authorized.
Publication of report (4) If an order is made under subsection (2), the Minister
shall publish, in any manner that the Minister considers appropriate, a report (a) indicating the area of the sea designated in the order; (b) summarizing the consultations undertaken prior
to making the order; and (c) summarizing the information that the Minister considered when making the order, which may include environmental, social, cultural or economic information.
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Powers, duties and functions 35.2 The Governor in Council and the Minister shall not
use lack of scientific certainty regarding the risks posed by any activity that may be carried out in certain areas of the sea as a reason to postpone or refrain from exercising their powers or performing their duties and functions under subsection 35(3) or 35.1(2).
Recommendation of Minister 35.3 (1) The Minister shall, not later than the fifth anniversary of the day on which an order under subsection 35.1(2) comes into force, (a) recommend to the Governor in Council that the
Governor in Council make a regulation under subsection 35(3) to designate a marine protected area covering at least part of the area of the sea that is designated by the order made under subsection 35.1(2); or (b) repeal the order.
Repeal of Minister’s order (2) The Governor in Council may repeal the order if the
Governor in Council makes a regulation referred to in paragraph (1)(a). 6 Section 36 of the Act is amended by adding the following after subsection (3):
Inconsistency (4) In the event of any inconsistency between an order made under subsection (1) and an order made under subsection 35.1(2), the order made under subsection (1) prevails to the extent of the inconsistency. 7 Sections 37 and 38 of the Act are replaced by the following:
Administration and Enforcement Designation 8 Subsection 39(1) of the Act is replaced by the
following: Enforcement officers 39 (1) The Minister may designate persons or classes of
persons as enforcement officers for the purposes of the administration and enforcement of this Act and the regulations.
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9 The Act is amended by adding the following after section 39:
Enforcement Officer’s Powers 10 (1) The portion of subsection 39.1(1) of the Act
before paragraph (b) is replaced by the following: Inspections 39.1 (1) For a purpose related to verifying compliance
or preventing non-compliance with this Act and the regulations, an enforcement officer may enter and inspect any place, including any conveyance, in which the enforcement officer has reasonable grounds to believe, that there is any thing to which this Act or the regulations apply or any book, record, electronic data or other document relating to the application of this Act or the regulations, and the enforcement officer may, for that purpose, (a) open or cause to be opened any container that the
enforcement officer has reasonable grounds to believe contains that thing, book, record, electronic data or other document; (2) Paragraph 39.1(1)(b) of the English version of the Act is replaced by the following: (b) examine the thing and take samples free of charge; (3) The portion of subsection 39.1(1) of the Act after paragraph (b) is replaced by the following: (c) require any person to produce the book, record,
electronic data or other document for examination or copying, in whole or in part; (d) use or cause to be used any computer system or data processing system at the place being inspected to examine any data contained in, or available to, the system; (e) reproduce any record or cause it to be reproduced from the data in the form of a printout or other intelligible output and remove the printout or other output for examination or copying; and (f) use or cause to be used any copying equipment at the place being inspected to make copies of any book, record, electronic data or other document. (4) Subsection 39.1(2) of the Act is replaced by the
following:
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Disposition of samples (1.1) An enforcement officer may dispose of a sample
taken under paragraph (1)(b) in any manner that the officer considers appropriate. Seizure (1.2) For the purposes of subsection (1), the enforcement officer may seize any thing that the enforcement officer has reasonable grounds to believe (a) was used in the contravention of this Act or the
regulations; (b) is something in relation to which this Act or the
regulations have been contravened; or (c) was obtained by the contravention of this Act or
the regulations. Assistance (1.3) The owner or the person in charge of the place, and every person found in the place, shall (a) give the enforcement officer all assistance that is reasonably required to enable the officer to exercise their powers or to perform their duties or functions under this section; and (b) provide the enforcement officer with any information or any book, record, electronic data or other document, and access to any data, that are reasonably required for that purpose. Conveyance (2) For the purposes of carrying out the inspection, the enforcement officer may stop a conveyance or direct that it be moved to any place, including in Canadian waters or the exclusive economic zone of Canada, where the inspection can be carried out.
Passage through private property (2.1) An enforcement officer and any person accompanying them may enter and pass through private property, other than a dwelling-place, in order to gain entry to a place referred to in subsection (1). For greater certainty, neither person is liable for doing so.
Passage through private property by authorized person (2.2) A person acting under the direction and control of
an enforcement officer may, for the purposes of exercising the officer’s powers or performing the officer’s duties and functions under this section, enter and pass through private property, other than a dwelling-place, in order to
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gain entry to a marine protected area. For greater certainty, the person is not liable for doing so. 11 Section 39.2 of the Act is replaced by the following:
Direction and Detention of Ships Direction of ship to place 39.2 An enforcement officer may direct a ship to move to any place in Canadian waters or the exclusive economic zone of Canada if they have reasonable grounds to believe that the ship or a person on board the ship has committed, is committing or is about to commit an offence under this Act in Canadian waters or the exclusive economic zone of Canada and that the ship was, is being or is about to be used in connection with the commission of the offence.
Detention order to ship 39.21 (1) An enforcement officer may make a detention
order in relation to a ship if they have reasonable grounds to believe that the ship or a person on board the ship has committed an offence under this Act in Canadian waters or the exclusive economic zone of Canada and that the ship was used in connection with the commission of the offence. Order in writing (2) The detention order shall be in writing and addressed to all persons, at any port in Canada where the ship to which the order relates is or will be located, who are empowered to give a clearance in respect of the ship.
Service of order (3) Notice of the detention order shall be served by delivering a copy of the notice personally to the master or another officer, the authorized representative, the owner or the operator of the ship, or if service cannot reasonably be effected personally, by posting a copy of the notice on any conspicuous part of the ship.
Duty after service of order (4) Once notice of the detention order is served on any
person referred to in subsection (3), the ship shall not move, other than in accordance with any conditions specified in the order, until the order has been rescinded.
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No clearance after receiving order (5) Subject to subsection (6), a person who has received the detention order shall not give clearance to the ship to which the order relates.
When clearance may be given (6) A person who has received the detention order may give clearance to the ship to which the order relates if (a) neither the ship nor any person is charged with the
offence that gave rise to the making of the order within 30 days after the day on which the order is made; (b) within 30 days after the day on which the order is made, the ship or a person is charged with the offence and every accused has appeared in Canada to answer to the charge; (c) Her Majesty in right of Canada is given security, in
a form determined by the Minister, for payment of the maximum fine that may be imposed as a result of a conviction of every accused and costs that might be incurred in proceedings in connection with the charge or charges, or payment of any lesser amount that is approved by the Minister; (d) all proceedings in respect of the offence that gave
rise to the making of the order are discontinued; or (e) the order is rescinded by an enforcement officer.
Compliance Orders Compliance order 39.22 (1) If an enforcement officer has reasonable
grounds to believe that a person is committing an offence under this Act — or is about to commit an offence under this Act — the enforcement officer may issue a compliance order directing any person described in subsection (3) to take, at their own expense, any of the measures referred to in subsection (4) that the enforcement officer believes are reasonable in the circumstances, and consistent with the protection and preservation of the marine environment and with public safety, in order to cease the commission of the offence or to refrain from committing it. Order to ship (2) For the purposes of subsection (1), an order is
deemed to have been given to the ship and is binding on it, if (a) the order is given to the master or another officer,
the authorized representative, the owner or the operator of the ship; or
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(b) in the case of an order that cannot be given to any
person referred to in paragraph (a) despite reasonable efforts having been made to do so, the order is posted on any conspicuous part of the ship. Persons subject to compliance order (3) Subsection (1) applies to any person who causes or
contributes to, or is likely to cause or contribute to, the offence.
Specific measures (4) The compliance order may require that the person to
whom it is directed take one or more of the following measures: (a) do anything to comply with this Act or the regulations; (b) refrain from doing anything in contravention of this Act or the regulations; (c) cease any activity for a specified period or until the
enforcement officer is satisfied that the activity is in compliance with this Act and the regulations; (d) move any conveyance to a location by the route and in the manner that the enforcement officer specifies; (e) unload or reload the contents of any conveyance; and (f) take any other reasonable measure that the enforcement officer considers necessary to facilitate compliance with the order — or to restore the components of the marine environment damaged by the offence or to protect the components of the marine environment that would be put at risk if the offence were committed — including (i) maintaining records on any relevant matter, (ii) reporting periodically to the enforcement officer, and (iii) submitting to the enforcement officer any information, proposal or plan specified by the enforcement officer that sets out any action to be taken by the person with respect to the subject-matter of the order.
Contents of compliance order (5) Subject to section 39.23, the compliance order shall be made in writing and shall set out
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(a) the name of the person or persons to whom it is directed; (b) the provisions of this Act or the regulations, or the
order made under subsection 35.1(2) or 36(1), that has been or that is about to be contravened; (c) the relevant facts surrounding the offence described in subsection (1); (d) the measures to be taken; and (e) the time or the day when each measure is to begin
or the period during which it is to be carried out.
Statutory Instruments Act (6) A compliance order is not a statutory instrument for the purposes of the Statutory Instruments Act.
Order given orally 39.23 (1) In the case of exigent circumstances, a compliance order may be given orally on the condition that it is followed, within seven days after the day on which the oral order was issued, by a written order issued in accordance with section 39.22.
Exigent circumstances (2) For the purposes of subsection (1), exigent circumstances include circumstances in which the delay necessary to issue a written order that meets the requirements of subsection 39.22(5) would result in danger to human life or the marine environment.
Compliance with compliance order 39.24 (1) A person to whom a compliance order is issued shall, immediately on receipt of the order or a copy of it, or on being given an order orally under subsection 39.23(1), comply with the order. No bar to proceedings (2) The issuance of, or compliance with, a compliance order is not a bar to any proceedings against the person under this or any other Act in relation to the offence described in subsection 39.22(1).
Intervention by enforcement officer 39.25 (1) If a person to whom a compliance order is issued fails to take any measures specified in the order, an enforcement officer may take the measures or cause them to be taken.
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Access to property (2) An enforcement officer or other person authorized by an enforcement officer to take measures under subsection (1) may enter and have access to any place, other than a dwelling-place, and may do any reasonable thing that may be necessary in the circumstances.
Personal liability (3) A person, other than a person described in subsection 39.22(3), who provides assistance or advice to the enforcement officer in taking the measures specified in an order or who takes any measures authorized or required by an enforcement officer under subsection (1) is not personally liable either civilly or criminally in respect of any act or omission in the course of providing assistance or advice or taking any measures under that subsection unless it is established that the person acted in bad faith. Recovery of reasonable costs and expenses by Her Majesty 39.26 (1) Her Majesty in right of Canada may recover
the costs and expenses of, and any costs and expenses incidental to, any measures taken under subsection 39.25(1) from any person referred to in subsection 39.22(3). Costs reasonably incurred (2) The costs and expenses may be recovered only to the extent that they can be established to have been reasonably incurred in the circumstances.
Liability (3) The persons referred to in subsection (1) are jointly
and severally, or solidarily, liable for the costs and expenses referred to in that subsection. Procedure (4) A claim under this section may be sued for and recovered by Her Majesty in right of Canada with costs in proceedings brought or taken in the name of Her Majesty in right of Canada in any court of competent jurisdiction. Recourse or indemnity (5) This section does not limit or restrict any right of recourse or indemnity that a person may have against any other person. Limitation and prescription (6) If events giving rise to a claim under this section occur, proceedings in respect of the claim may be commenced not later than five years after the day on which the events occur.
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Things Seized, Detained, Abandoned or Forfeited 12 (1) The portion of subsection 39.3(1) of the Act
before paragraph (a) is replaced by the following: Custody of things seized 39.3 (1) Subject to subsections (2) to (3.1), if an enforcement officer seizes a thing under this Act or under a warrant issued under the Criminal Code, (2) Section 39.3 of the Act is amended by adding
the following after subsection (3): Release of seized fish (3.1) The enforcement officer who seizes any fish as defined in subsection 2(1) of the Fisheries Act may, at the time of the seizure, return to the water any fish that they believe to be alive. 13 Sections 39.5 and 39.6 of the Act are replaced by the following:
Liability for costs 39.5 The lawful owner and any person lawfully entitled
to possession of any thing seized, detained, abandoned or forfeited under this Act are jointly and severally, or solidarily, liable for all the costs of inspection, seizure, detention, abandonment, forfeiture or disposition incurred by Her Majesty in right of Canada in excess of any proceeds of disposition of the thing that have been forfeited to Her Majesty under this Act.
Offences and Punishment Offence and punishment — persons 39.6 (1) Every individual or corporation that contravenes subsection 39.21(5) or 39.24(1), a regulation made under paragraph 35(3)(c) or (d) or 52.1(a), or an order made under subsection 35.1(2) or 36(1) is guilty of an offence and liable (a) on conviction on indictment, (i) in the case of an individual, (A) for a first offence, to a fine of not less
than $15,000 and not more than $1,000,000, and (B) for a second or subsequent offence, to a fine
of not less than $30,000 and not more than $2,000,000,
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(ii) in the case of a corporation, other than a corporation referred to in subparagraph (iii), (A) for a first offence, to a fine of not less
than $500,000 and not more than $6,000,000, and (B) for a second or subsequent offence, to a fine
of not less than $1,000,000 and not more than $12,000,000, and (iii) in the case of a corporation that the court has determined to be a small revenue corporation, (A) for a first offence, to a fine of not less than $75,000 and not more than $4,000,000, and (B) for a second or subsequent offence, to a fine
of not less than $150,000 and not more than $8,000,000; or (b) on summary conviction, (i) in the case of an individual, (A) for a first offence, to a fine of not less
than $5,000 and not more than $300,000, and (B) for a second or subsequent offence, to a fine of not less than $10,000 and not more than $600,000, (ii) in the case of a corporation, other than a corporation referred to in subparagraph (iii), (A) for a first offence, to a fine of not less
than $100,000 and not more than $4,000,000, and (B) for a second or subsequent offence, to a fine of not less than $200,000 and not more than $8,000,000, and (iii) in the case of a corporation that the court has
determined to be a small revenue corporation, (A) for a first offence, to a fine of not less
than $25,000 and not more than $2,000,000, and (B) for a second or subsequent offence, to a fine
of not less than $50,000 and not more than $4,000,000. Offence and punishment — ship (2) Every ship that contravenes subsection 39.21(4) or 39.24(1), a regulation made under paragraph 35(3)(c) or (d) or 52.1(a), an order made under subsection 35.1(2) or 36(1) or a direction made under section 39.2 is guilty of an offence and liable
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(a) on conviction on indictment, (i) in the case of a ship of 7 500 tonnes deadweight or more, (A) for a first offence, to a fine of not less
than $500,000 and not more than $6,000,000, and (B) for a second or subsequent offence, to a fine
of not less than $1,000,000 and not more than $12,000,000, and
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(ii) in the case of a ship of less than 7 500 tonnes deadweight, (A) for a first offence, to a fine of not less
than $75,000 and not more than $4,000,000, and (B) for a second or subsequent offence, to a fine of not less than $150,000 and not more than $8,000,000; or (b) on summary conviction, (i) in the case of a ship of 7 500 tonnes deadweight or more, (A) for a first offence, to a fine of not less
than $100,000 and not more than $4,000,000, and (B) for a second or subsequent offence, to a fine
of not less than $200,000 and not more than $8,000,000, and (ii) in the case of a ship of less than 7 500 tonnes deadweight, (A) for a first offence, to a fine of not less
than $25,000 and not more than $2,000,000, and (B) for a second or subsequent offence, to a fine of not less than $50,000 and not more than $4,000,000.
Offence and punishment — persons (3) Every individual or corporation that contravenes subsection 39(6) or a regulation made under paragraph 52.1(b) or (c) is guilty of an offence and liable (a) on conviction on indictment, (i) for a first offence, to a fine of not more
than $500,000, and (ii) for a second or subsequent offence, to a fine of
not more than $1,000,000; or (b) on summary conviction, (i) for a first offence, to a fine of not more
than $100,000, and (ii) for a second or subsequent offence, to a fine of not more than $200,000.
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Offence and punishment — ship (4) Every ship that contravenes any regulation made under paragraph 52.1(b) or (c) is guilty of an offence and liable (a) on conviction on indictment, (i) for a first offence, to a fine of not more
than $500,000, and (ii) for a second or subsequent offence, to a fine of not more than $1,000,000; or (b) on summary conviction, (i) for a first offence, to a fine of not more
than $100,000, and (ii) for a second or subsequent offence, to a fine of not more than $200,000.
Small revenue corporation status (5) For the purposes of subsection (1), a court may determine a corporation to be a small revenue corporation if the court is satisfied that the corporation’s gross revenues for the year immediately before the day on which the offence is committed — or, if the offence is committed on more than one day, for the year immediately before the first day on which the offence is committed — were not more than $5,000,000.
Non-application (6) The minimum amounts of fines set out in this section do not apply to any proceeding brought in accordance with subsection 39.93(1) or under the Contraventions Act.
Liability of directors, officers or agents or mandataries 39.61 If a corporation or a ship owned or operated by a
corporation commits an offence under section 39.6, any director, officer, agent or mandatary of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on conviction to the penalty provided for by that section for an individual in respect of the offence committed by the corporation or the ship, whether or not the corporation or the ship has been prosecuted or convicted.
Liability of owners, operators, masters and chief engineers of ships 39.62 If a ship commits an offence under section 39.6 and the owner, operator, master or chief engineer of the
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ship directed, authorized, assented to, acquiesced in or participated in the commission of the offence, the owner, operator, master or chief engineer, as the case may be, is a party to and guilty of the offence and is liable on conviction to the penalty provided for by that section for an individual who commits an offence under that section, whether or not the ship has been prosecuted or convicted. Defence 39.63 (1) A person shall not be found guilty of an offence under section 39.6, other than an offence consisting of a contravention of subsection 39(6), if the person establishes that they exercised due diligence to prevent the commission of the offence. Defence — ship (2) If a ship is prosecuted for an offence, only the persons referred to in subsection 39.67(5) may establish, for the purposes of subsection (1), that they exercised due diligence to prevent the commission of the offence.
Contravention of unpublished order (3) A person shall not be found guilty of an offence consisting of a contravention of an order made under subsection 36(1) that, at the time of the alleged contravention, had not been published in the Canada Gazette unless it is proved that reasonable steps had been taken before that time to bring the purport of the order to the attention of those persons likely to be affected by it. Continuing offence 39.64 (1) A person who commits or continues an offence on more than one day is liable to be convicted for a separate offence for each day on which the offence is committed or continued. Fines cumulative (2) If a person is convicted of an offence involving more
than one animal, plant, other organism or object, the fine to be imposed in respect of that offence may be, despite section 39.6, the total of the fines that would have been imposed if each of the animals, plants, organisms or objects had been the subject of a separate information. Additional fine (3) If a person is convicted of an offence and the court is satisfied that, as a result of the commission of the offence, the person acquired any property, benefit or advantage, the court shall order them to pay an additional fine in an amount equal to the court’s estimation of the value of that property, benefit or advantage. The
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additional fine may exceed the maximum amount of any fine that may otherwise be imposed under section 39.6. Deeming — second and subsequent offence (4) A conviction for a particular offence under section 39.6 is deemed to be a conviction for a second or subsequent offence if the court is satisfied that the person has been previously convicted — under any Act of Parliament or an Act of a provincial legislature that relates to environmental or wildlife protection or conservation — of a substantially similar offence.
Application (5) Subsection (4) applies only to previous convictions on indictment, to previous convictions on summary conviction and to previous convictions under any similar procedure under an Act of a provincial legislature.
Relief from minimum fine 39.65 The court may impose a fine that is less than the minimum amount provided for in section 39.6 if it is satisfied, on the basis of evidence submitted to the court, that the minimum fine would cause undue financial hardship to the person who has been convicted of an offence. The court shall provide reasons if it imposes a fine that is less than the minimum amount.
Application of fines 39.66 (1) All fines received by the Receiver General in respect of the commission of an offence under this Act, other than fines collected under the Contraventions Act, are to be credited to the Environmental Damages Fund, an account in the accounts of Canada, and used for purposes related to the conservation, protection or restoration of marine protected areas, or for administering that Fund.
Recommendations of court (2) The court imposing the fine may recommend to the
Minister that all or a portion of the fine credited to the Environmental Damages Fund be paid to a person or an organization specified by the court for a purpose referred to in subsection (1). Application to ships 39.67 (1) The provisions of this Part — and those of any
regulations or orders made under this Part or any regulations made under section 52.1 — relating to indictable or summary conviction offences that apply to persons also apply to ships, with any modifications that the circumstances require.
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Application of Criminal Code (2) The provisions of the Criminal Code relating to indictable or summary conviction offences that apply to persons also apply to ships, with any modifications that the circumstances require.
Service (3) When a ship is charged with an offence under section 39.6, the summons may be served by leaving it with the master or another officer, the authorized representative, the owner or the operator of the ship, or if it cannot reasonably be left with any of those persons, by posting a copy of it on any conspicuous part of the ship.
Appearance at trial (4) If a ship is charged with an offence under section
39.6, the ship may appear by counsel or representative before the court. Despite the Criminal Code, if the ship does not so appear, a court may, on proof of service of the summons, proceed to hold the trial. Proof of offence by ship (5) If a ship is prosecuted for an offence under section
39.6, it is sufficient proof of the offence to establish that the act or omission that constitutes the offence was committed by the master of the ship or any other person on board the ship, whether or not the person on board has been identified or has been prosecuted for the offence. Direction binding ship (6) For the purpose of prosecuting a ship for contravening a direction made under section 39.2, any direction made under that section that is given to the master or another officer, the authorized representative, the owner or the operator of the ship is deemed to have been given to the ship and is binding on it. Notice of detention order binding ship (7) For the purpose of prosecuting a ship for contravening of subsection 39.21(4), the notice of the detention order served in accordance with subsection 39.21(3) is deemed to have been served on the ship and is binding on it.
Sentencing principles 39.68 (1) In addition to the principles and factors that
the court is otherwise required to consider, including those set out in sections 718.1 to 718.21 of the Criminal Code, the court shall consider the following principles when sentencing a person who is convicted of an offence under this Act:
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(a) the amount of the fine should be increased to account for every aggravating factor associated with the offence, including the aggravating factors set out in subsection (2); and (b) the amount of the fine should reflect the gravity of
each aggravating factor associated with the offence. Aggravating factors (2) The aggravating factors to be considered by the court
in respect of a person convicted of an offence are the following: (a) the offence caused damage or a risk of damage to
any marine resource, habitat or ecosystem; (b) the offence caused damage or a risk of damage to
any unique, rare, particularly important or vulnerable marine resource, habitat or ecosystem; (c) the damage caused by the offence is extensive, persistent or irreparable; (d) the person committed the offence intentionally or recklessly; (e) the person failed to take reasonable steps to prevent the commission of the offence despite having the financial means to do so; (f) by committing the offence or failing to take action
to prevent its commission, the person increased revenue or decreased costs or intended to increase revenue or decrease costs; (g) the person committed the offence despite having been warned by the Minister or an enforcement officer of the circumstances that subsequently became the subject of the offence; (h) the person has a history of non-compliance with an Act of Parliament or an Act of a provincial legislature that relates to environmental or wildlife protection or conservation; and (i) after committing the offence, the person (i) attempted to conceal its commission, (ii) failed to take prompt action to prevent, mitigate or remediate its effects, or (iii) failed to take prompt action to reduce the risk of committing similar offences in the future.
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Absence of aggravating factor (3) The absence of an aggravating factor set out in subsection (2) is not a mitigating factor.
Definition of damage (4) For the purposes of paragraphs (2)(a) to (c), damage includes loss of use value and non-use value.
Reasons (5) If the court decides not to increase the amount of the fine despite being satisfied of the existence of one or more of the aggravating factors set out in subsection (2), the court shall provide reasons for that decision. 14 (1) Section 39.9 of the Act is amended by striking out “and” at the end of paragraph (g) by adding the following after paragraph (h): (i) directing the person to pay, in the manner specified by the court, an amount for monitoring the environmental effects of any activity or marine installation or structure on any marine resource, habitat or ecosystem in any marine protected area; (j) directing the person to pay to Her Majesty in right
of Canada an amount of money that the court considers appropriate for the purpose of promoting the conservation, protection or restoration of any marine protected area; (k) directing the person to pay, in a manner specified
by the court, an amount to enable research to be conducted with respect to the conservation, protection or restoration of any marine protected area; (l) directing the person to pay, in the manner specified
by the court, an amount to environmental or other groups to assist in their work related to marine protected areas; and (m) directing the person to pay, in the manner specified by the court, an amount to an educational institution including for scholarships for students enrolled in studies related to the environment.
(2) Section 39.9 of the Act is renumbered as subsection 39.9(1) and is amended by adding the following:
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Debt due to Her Majesty (2) If the court makes an order under paragraph (1)(j) directing a person to pay an amount to Her Majesty in right of Canada, the amount constitutes a debt due to Her Majesty in right of Canada and may be recovered in any court of competent jurisdiction. 15 Section 39.10 of the Act is renumbered as section 39.91. 16 Section 39.11 of the Act is replaced by the following: Limitation period 39.92 Proceedings by way of summary conviction in respect of an offence may be commenced not later than five years after the day on which the offence was committed.
2003, c. 22, par. 224(z.63)(E)
17 Section 39.12 of the Act is renumbered as section 39.93.
Transitional Provision 18 Section 39.11 of the Oceans Act, as it read immediately before the day on which section 16 of this Act comes into force, continues to apply in respect of an offence that was committed before that day. R.S., c. 36 (2nd Supp.)
Canada Petroleum Resources Act 19 (1) The portion of subsection 12(1) of the English version of the Canada Petroleum Resources Act before paragraph (a) is replaced by the following:
Orders to prohibit activities in certain circumstances 12 (1) The Governor in Council may, by order, prohibit
any interest owner specified in the order from commencing or continuing any work or activity on the frontier lands or any portion of them that are subject to the interest of that interest owner, in the case of (2) Subsection 12(1) of the Act is amended by striking out “or” at the end of paragraph (b) and by adding “or” at the end of paragraph (c) and by adding the following after paragraph (c):
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(d) the designation of a marine protected area under
subsection 35(3) or 35.1(2) of the Oceans Act. (3) The portion of subsection 12(1) of the English
version of the Act after paragraph (d) is repealed. 20 The Act is amended by adding the following after section 12:
Negotiations for compensation 12.1 (1) The Minister may enter into negotiations with
an interest owner, in respect of all or any portion of the frontier lands subject to the interest, for a determination of any compensation that may be granted to the interest owner for the surrender of the interest to Her Majesty in right of Canada, if (a) the interest is located in a marine protected area that is designated under the Oceans Act or in an area of the sea that, in the opinion of the Minister of Fisheries and Oceans, may be designated as a marine protected area under that Act; and (b) the Minister of Fisheries and Oceans recommends
that the interest be cancelled to give effect to the purpose of the designation or proposed designation of the marine protected area under section 35 of the Oceans Act.
Notice (2) For the purposes of subsection (1), the Minister shall
send a notice to the interest owner informing the interest owner of the Minister’s intent to enter into negotiations with the interest owner within the period specified in the notice. Power to cancel (3) The Minister may, by order, cancel the interest in respect of all or any portion of the frontier lands, if (a) the interest owner did not enter into negotiations with the Minister within the period specified in the notice sent to the interest owner; (b) in the opinion of the Minister, the compensation to be granted to the interest owner for the surrender of the interest has not been determined during the negotiations within a reasonable time; or (c) in the opinion of the Minister, the negotiations do
not result in the surrender of the interest by the interest owner within a reasonable time even though the
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Chapter 8: An Act to amend the Oceans Act and the Canada Petroleum Resources Act Canada Petroleum Resources Act Section 20
compensation to be granted to the interest owner has been determined during the negotiations. Amount of compensation (4) The Minister shall, in the order, specify the amount
of the compensation to be granted to the interest owner in respect of the cancellation of the interest. Interest becomes reserve lands (5) If the interest referred to in subsection (1) is surrendered or cancelled in respect of all or any portion of the frontier lands, the lands or portions of lands that are subject to the interest become Crown reserve lands. Return of deposit (6) If the interest referred to in subsection (1) is surrendered or cancelled, any deposit balance with respect to the interest held by Her Majesty in right of Canada on behalf of the interest owner shall be returned to the interest owner, less any liability, either direct or by way of indemnity, owed by the interest owner to Her Majesty in right of Canada at the time of the surrender or cancellation.
Compensation — surrender 12.2 (1) If the interest owner surrenders an interest referred to in subsection 12.1(1), Her Majesty in right of Canada may grant any compensation that is determined by negotiations with the Minister. Compensation — cancellation (2) If the Minister cancels an interest referred to in subsection 12.1(1), Her Majesty in right of Canada may grant to the interest owner the compensation that is specified in an order made by the Minister under subsection 12.1(3), subject to section 106 in respect of the amount of that compensation. No compensation (3) A person shall not have any right to claim or receive any compensation, damages, indemnity or other form of relief from Her Majesty in right of Canada or from any servant or agent or mandatary of Her Majesty in right of Canada for any acquired, vested, future or potential right or entitlement that is affected by a surrender or cancellation of an interest referred to in subsection 12.1(1), other than compensation that may be granted to an interest owner under this section.
Published under authority of the Speaker of the House of Commons 2015-2016-2017-2018-2019
Disponible sur le site Web de la Chambre des comm
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First Session, Forty-second Parliament, 64-65-66-67-68 Elizabeth II, 2015-2016-2017-2018-2019
STATUTES OF CANADA 2019
CHAPTER 23
An Act respecting Indigenous languages
ASSENTED TO JUNE 21, 2019 BILL C-91
RECOMMENDATION Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act respecting Indigenous languages”.
SUMMARY This enactment provides, among other things, that (a) the Government of Canada recognizes that the rights of Indigenous peoples recognized and affirmed by section 35 of the Constitution Act, 1982 include rights related to Indigenous languages; (b) the Minister of Canadian Heritage may enter into different types of agreements or arrangements in respect of Indigenous languages with Indigenous governments or other Indigenous governing bodies or Indigenous organizations, taking into account the unique circumstances and needs of Indigenous groups, communities and peoples; and (c) federal institutions may cause documents to be translated into an Indigenous language or provide interpretation services to facilitate the use of an Indigenous language. The enactment also establishes the Office of the Commissioner of Indigenous Languages and sets out its composition. The Office’s mandate and powers, duties and functions include (a) supporting the efforts of Indigenous peoples to reclaim, revitalize, maintain and strengthen Indigenous languages; (b) promoting public awareness of, among other things, the richness and diversity of Indigenous languages; (c) undertaking research or studies in respect of the provision of funding for the purposes of supporting Indigenous languages and in respect of the use of Indigenous languages in Canada; (d) providing services, including mediation or other culturally appropriate services, to facilitate the resolution of disputes; and (e) submitting to the Minister of Canadian Heritage an annual report on, among other things, the use and vitality of Indigenous languages in Canada and the adequacy of funding provided by the Government of Canada for initiatives related to Indigenous languages.
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TABLE OF PROVISIONS An Act respecting Indigenous languages Preamble
Short Title 1
Indigenous Languages Act
Interpretation 2
Definitions
Rights of Indigenous peoples
Inconsistency or conflict
Purposes of Act 5
Purposes
Rights Related to Indigenous Languages 6
Recognition by Government of Canada
Powers, Duties and Functions of Minister 7
Consultations — adequate, sustainable and long-term funding
Cooperation to support Indigenous languages
Agreements or arrangements — purposes of Act
Other agreements
10.1
Access to services in Indigenous languages
10.2
Agreements and arrangements
Translation and interpretation
Federal Institutions
Office of Commissioner of Indigenous Languages Establishment 12
Office established
Appointment of Commissioner
13.1
Advisory committee
Chief executive officer
Commissioner absent or unable to act
Appointment of directors
Reappointment
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Chapter 23: Indigenous Languages Act TABLE OF PROVISIONS
Status
Remuneration
Employees
Conflict of interest
Head office
Mandate and Powers, Duties and Functions 23
Mandate
Research or studies
Support offered by Office
Dispute resolution services
Review of complaints
Capacity, rights, powers and privileges
Delegation
Limit of liability
Financial Management 31
Fiscal year
Expenditure of revenues
Business plan and budget
Books and systems
Annual auditor’s report
Special examination
Examiner’s report
Consultation with Auditor General
Right to information
Restriction
Qualified privilege
Disclosure of material developments
Annual Report 43
Contents
Tabling in Parliament
Regulations and Rules 45
Regulation-making powers
45.1
Collaboration
Rules — Office’s meetings and activities
Rules — dispute resolution and complaints
Rules — confidentiality
Independent Review 49
Five-year review
Parliamentary Review 49.1
Three-year review
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Chapter 23: Indigenous Languages Act TABLE OF PROVISIONS
Coming into Force 50
Order in council
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64-65-66-67-68 ELIZABETH II
CHAPTER 23 An Act respecting Indigenous languages [Assented to 21st June, 2019]
Preamble Whereas the recognition and implementation of rights related to Indigenous languages are at the core of reconciliation with Indigenous peoples and are fundamental to shaping the country, particularly in light of the Truth and Reconciliation Commission of Canada’s Calls to Action; Whereas the Government of Canada is committed to implementing the United Nations Declaration on the Rights of Indigenous Peoples, which affirms rights related to Indigenous languages; Whereas 2019 has been proclaimed by the General Assembly of the United Nations as the International Year of Indigenous Languages to, among other things, draw attention to the critical loss of Indigenous languages and the urgent need to maintain, revitalize and promote Indigenous languages; Whereas the Government of Canada recognizes that all relations with Indigenous peoples must be based on the recognition and implementation of their right to self-determination, including the inherent right of self-government; Whereas First Nations, the Inuit and the Métis Nation have their own collective identities, cultures and ways of life and have, throughout history and to this day, continued to live in, use and occupy the lands that are now in Canada; Whereas Indigenous languages were the first languages used in the lands that are now in Canada and those languages have evolved over time; Whereas Indigenous languages played a significant part in the establishment of relations between Europeans and Indigenous peoples; Whereas Indigenous peoples have played a significant role in the development of Canada and Indigenous languages contribute to the diversity and richness of the linguistic and cultural heritage of Canada;
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Chapter 23: Indigenous Languages Act Preamble
Whereas a history of discriminatory government policies and practices, in respect of, among other things, assimilation, forced relocation, the Sixties Scoop and residential schools, were detrimental to Indigenous languages and contributed significantly to the erosion of those languages; Whereas the status of Indigenous languages varies from one language to another, including with respect to the vitality of those languages, and there is an urgent need to support the efforts of Indigenous peoples to reclaim, revitalize, maintain and strengthen them; Whereas Indigenous languages are fundamental to the identities, cultures, spirituality, relationships to the land, world views and self-determination of Indigenous peoples; Whereas efforts to protect the vitality of Indigenous languages contribute to the enrichment of Indigenous knowledge as well as to the prevention of the loss of cultural diversity, biodiversity and spirituality; Whereas a variety of entities in different regions across Canada have mandates to promote the use of Indigenous languages and to support the efforts of Indigenous peoples to reclaim, revitalize, maintain and strengthen them and there is a need for the Government of Canada to provide continuing support for those entities; Whereas the Government of Canada is committed to providing adequate, sustainable and long-term funding for the reclamation, revitalization, maintenance and strengthening of Indigenous languages; Whereas Indigenous peoples are best placed to take the leading role in reclaiming, revitalizing, maintaining and strengthening Indigenous languages; Whereas Indigenous-language media and lifelong learning of Indigenous languages, including education systems for Indigenous people, are essential to restoring and maintaining fluency in those languages; Whereas a flexible approach that takes into account the unique circumstances and needs of Indigenous groups, communities and peoples is required in light of the diversity of identities, cultures and histories of Indigenous peoples; And whereas there is a need to take into account the unique circumstances and needs of Indigenous elders, youth, children, persons with disabilities, women, men and gender-diverse persons and two-spirit persons;
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Chapter 23: Indigenous Languages Act Short Title Sections 1-2
Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Short Title Short title 1 This Act may be cited as the Indigenous Languages Act.
Interpretation Definitions 2 The following definitions apply in this Act.
appropriate Minister has the same meaning as in section 2 of the Financial Administration Act. (ministre compétent) Commissioner means the Commissioner of Indigenous Languages appointed under section 13. (English version only) federal institution means an entity that is referred to in any of paragraphs (a) to (b) and (d) of the definition department in section 2 of the Financial Administration Act or a Crown corporation, as defined in subsection 83(1) of that Act. (institution fédérale) Indigenous governing body means a council, government or other entity that is authorized to act on behalf of an Indigenous group, community or people that holds rights recognized and affirmed by section 35 of the Constitution Act, 1982. (corps dirigeant autochtone) Indigenous organization means an Indigenous entity that represents the interests of an Indigenous group and its members or, other than in section 45, that is specialized in Indigenous languages. (organisme autochtone) Indigenous peoples has the meaning assigned by the definition aboriginal peoples of Canada in subsection
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Chapter 23: Indigenous Languages Act Interpretation Sections 2-5
35(2) of the Constitution Act, 1982. (peuples autochtones) Minister means the Minister of Canadian Heritage. (ministre) Office means the Office of the Commissioner of Indigenous Languages established under section 12. (English version only) Rights of Indigenous peoples 3 This Act is to be construed as upholding the rights of Indigenous peoples recognized and affirmed by section 35 of the Constitution Act, 1982, and not as abrogating or derogating from them.
Inconsistency or conflict 4 In the event of any inconsistency or conflict between this Act and a treaty — including a land claims agreement — or a self-government agreement, the treaty or self-government agreement prevails to the extent of the inconsistency or conflict.
Purposes of Act Purposes 5 The purposes of this Act are to (a) support and promote the use of Indigenous languages, including Indigenous sign languages; (b) support the efforts of Indigenous peoples to reclaim, revitalize, maintain and strengthen Indigenous languages, including their efforts to (i) assess the status of distinct Indigenous languages, (ii) plan initiatives and activities for restoring and maintaining fluency in Indigenous languages, (iii) create technological tools, educational materials and permanent records of Indigenous languages, including audio and video recordings of fluent speakers of the languages and written materials such as dictionaries, lexicons and grammars of the languages, for the purposes of, among other things, the maintenance and transmission of the languages, (iv) support Indigenous language learning and cultural activities — including language nest, mentorship and immersion programs — to increase the number of new speakers of Indigenous languages,
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Chapter 23: Indigenous Languages Act Purposes of Act Sections 5-6
(v) support entities specialized in Indigenous languages, and (vi) undertake research or studies in respect of Indigenous languages; (c) establish a framework to facilitate the effective exercise of the rights of Indigenous peoples that relate to Indigenous languages, including by way of agreements or arrangements referred to in sections 8 and 9; (d) establish measures to facilitate the provision of adequate, sustainable and long-term funding for the reclamation, revitalization, maintenance and strengthening of Indigenous languages; (e) facilitate cooperation with provincial and territorial governments, Indigenous governments and other Indigenous governing bodies, Indigenous organizations and other entities in a manner consistent with the rights of Indigenous peoples and the powers and jurisdictions of Indigenous governing bodies and of the provinces and territories; (e.1) facilitate
meaningful opportunities for Indigenous governments and other Indigenous governing bodies and Indigenous organizations to collaborate in policy development related to the implementation of this Act; (f) respond to the Truth and Reconciliation Commission of Canada’s Calls to Action numbers 13 to 15; and (g) contribute to the implementation of the United
Nations Declaration on the Rights of Indigenous Peoples as it relates to Indigenous languages.
Rights Related to Indigenous Languages Recognition by Government of Canada 6 The Government of Canada recognizes that the rights of Indigenous peoples recognized and affirmed by section 35 of the Constitution Act, 1982 include rights related to Indigenous languages.
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Chapter 23: Indigenous Languages Act Powers, Duties and Functions of Minister Sections 7-10
Powers, Duties and Functions of Minister Consultations — adequate, sustainable and long-term funding 7 The Minister must consult with a variety of Indigenous governments and other Indigenous governing bodies and a variety of Indigenous organizations in order to meet the objective of providing adequate, sustainable and longterm funding for the reclamation, revitalization, maintenance and strengthening of Indigenous languages.
Cooperation to support Indigenous languages 8 The Minister may cooperate with provincial or territorial governments, Indigenous governments or other Indigenous governing bodies, Indigenous organizations or other entities — including by entering into agreements or arrangements with them for purposes such as providing Indigenous language programs and services in relation to education, health and the administration of justice — to coordinate efforts to efficiently and effectively support Indigenous languages in Canada in a manner consistent with the rights of Indigenous peoples recognized and affirmed by section 35 of the Constitution Act, 1982 and the powers and jurisdictions of Indigenous governing bodies and of the provinces and territories.
Agreements or arrangements — purposes of Act 9 Taking into account the unique circumstances and needs of Indigenous groups, communities and peoples and the research or studies referred to in section 24 and in a manner consistent with the rights of Indigenous peoples recognized and affirmed by section 35 of the Constitution Act, 1982 and the powers and jurisdictions of Indigenous governing bodies and of the provinces and territories, the Minister and an appropriate Minister may enter into an agreement or arrangement to further the purposes of this Act with a provincial or territorial government, an Indigenous government or other Indigenous governing body or an Indigenous organization.
Other agreements 10 For greater certainty, sections 8 and 9, and any agreement referred to in those sections, are not to be construed as preventing (a) any person or entity from relying on a provision relating to the reclamation, revitalization, maintenance or strengthening of an Indigenous language that
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Chapter 23: Indigenous Languages Act Powers, Duties and Functions of Minister Sections 10-11
is contained in a treaty — including a land claims agreement — or a self-government agreement; or (b) an Indigenous government or other Indigenous governing body from entering into, with the Government of Canada or the government of a province or territory, a treaty — including a land claims agreement — or a self-government agreement that provides, among other things, for the reclamation, revitalization, maintenance or strengthening of an Indigenous language.
Federal Institutions Access to services in Indigenous languages 10.1 A federal institution or its agent or mandatary may, in accordance with the regulations, provide access to services in an Indigenous language, if the institution or its agent or mandatary has the capacity to do so and there is sufficient demand for access to those services in that language.
Agreements and arrangements 10.2 (1) An agreement or arrangement may be entered into under section 8 or 9 for the purpose of allowing a federal institution or its agent or mandatary to provide access to services in an Indigenous language.
Inconsistency or conflict (2) In the event of any inconsistency or conflict between an agreement or arrangement referred to in subsection (1) and the regulations made under paragraph 45(1)(a.2), the agreement or arrangement prevails to the extent of the inconsistency or conflict.
Translation and interpretation 11 A federal institution may cause (a) any document under its control to be translated into an Indigenous language; or (b) interpretation services to be provided to facilitate
the use of an Indigenous language in the course of the federal institution’s activities.
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Chapter 23: Indigenous Languages Act Office of Commissioner of Indigenous Languages Sections 12-15
Office of Commissioner of Indigenous Languages Establishment Office established 12 (1) There is established an office, to be known as the Office of the Commissioner of Indigenous Languages, consisting of the Commissioner and up to three directors.
Status (2) The Office is neither an agent of Her Majesty in right
of Canada nor is it an entity governed by the Financial Administration Act, and its Commissioner, directors and employees are not part of the federal public administration. Appointment of Commissioner 13 On the recommendation of the Minister made after the Minister has consulted with a variety of Indigenous governments and other Indigenous governing bodies and a variety of Indigenous organizations, the Governor in Council is to appoint a Commissioner of Indigenous Languages to hold office during good behaviour for a term not exceeding five years, subject to removal by the Governor in Council at any time for cause.
Advisory committee 13.1 The Minister may establish a committee to provide the Minister with advice on the appointment of the Commissioner.
Chief executive officer 14 The Commissioner is the chief executive officer of the
Office and has the control and management of the Office and all matters connected with it. Commissioner absent or unable to act 15 If the Commissioner is absent or unable to act or if the office of Commissioner is vacant, the Minister may designate a director to act as Commissioner, but that director may act as Commissioner for a period of more than 90 days only with the approval of the Governor in Council given on the recommendation of the Minister made after the Minister has consulted with a variety of Indigenous governments and other Indigenous governing bodies and a variety of Indigenous organizations.
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Chapter 23: Indigenous Languages Act Office of Commissioner of Indigenous Languages Establishment Sections 16-21
Appointment of directors 16 (1) On the recommendation of the Minister made
after the Minister has consulted with a variety of Indigenous governments and other Indigenous governing bodies and a variety of Indigenous organizations, the Governor in Council is to appoint up to three directors to hold office during pleasure for a term not exceeding five years. Interests of First Nations, Inuit and Métis (2) Before making recommendations under subsection
(1), the Minister must seek comments in order to ensure that the Governor in Council appoints persons who have the ability to represent the interests of First Nations, the Inuit and the Métis. Reappointment 17 The Commissioner and directors may be reappointed for a second or subsequent term of office.
Status 18 The Commissioner and directors are to be appointed
to hold office on a full-time basis. Remuneration 19 (1) The Commissioner and directors are to be paid
the remuneration determined by the Governor in Council. Expenses (2) The Commissioner is to be reimbursed for reasonable travel and other expenses incurred in performing duties while absent from the Commissioner’s ordinary place of work. The directors are to be reimbursed for such expenses incurred in performing duties while absent from their ordinary place of residence.
Employees 20 The Office may hire any employees that are necessary
to carry out the activities of the Office and determine the duties of those persons and the conditions of their employment, including their remuneration and benefits. Conflict of interest 21 The Commissioner, directors and employees of the
Office must not accept or hold an office or employment that is inconsistent with their duties or take part in any matter that involves the Office and in which they have an interest.
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Chapter 23: Indigenous Languages Act Office of Commissioner of Indigenous Languages Establishment Sections 22-23
Head office 22 The Office’s head office is to be in the National Capital Region, as described in the schedule to the National Capital Act, or at any other place in Canada that may be designated by order of the Governor in Council.
Mandate and Powers, Duties and Functions Mandate 23 (1) The mandate of the Office is to (a) help promote Indigenous languages; (b) support the efforts of Indigenous peoples to reclaim, revitalize, maintain and strengthen Indigenous languages; (c) facilitate the resolution of disputes and review
complaints to the extent provided by this Act; (d) promote public awareness and understanding in
respect of (i) the diversity and richness of Indigenous languages, (ii) the inseparable link between Indigenous languages and the cultures of Indigenous peoples, (iii) the rights of Indigenous peoples related to Indigenous languages, (iv) the significance of those rights for Indigenous
peoples, as well as for the general public, (v) the negative impact of colonization and discriminatory government policies on Indigenous languages and the exercise of those rights, and (vi) the importance of working toward and contributing to reconciliation with Indigenous peoples; and (e) support innovative projects and the use of new
technologies in Indigenous language education and revitalization, in cooperation with Indigenous governments and other Indigenous governing bodies, Indigenous organizations, the Government of Canada and provincial and territorial governments.
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Chapter 23: Indigenous Languages Act Office of Commissioner of Indigenous Languages Mandate and Powers, Duties and Functions Sections 23-25
Consultation and coordination (2) In fulfilling its mandate, the Office must, where appropriate, consult and coordinate with any Indigenous, provincial or territorial entity that is responsible for the promotion, revitalization or protection of Indigenous languages. Research or studies 24 (1) The Office may undertake research or studies, or
cause research or studies to be undertaken, in respect of (a) the provision of funding for the purposes of supporting Indigenous languages; or (b) the use of Indigenous languages in Canada, including for the purposes of measuring the vitality of those languages or identifying measures to restore and maintain fluency in those languages. Community assessments (2) The research or studies referred to in paragraph
(1)(b) may take into account a community assessment, with the consent of the Indigenous community in respect of which the assessment was undertaken. Availability — research or study (3) The Office must make the results of any research or
study referred to in subsection (1) available to any Indigenous community, Indigenous government or other Indigenous governing body or Indigenous organization that contributed to that research or study. Subject to any law, the Office must also make any document used in or produced for that research or study available to that Indigenous community, Indigenous government or other Indigenous governing body or Indigenous organization. Copy or use free of charge (4) The Office must authorize the Indigenous community, Indigenous government or other Indigenous governing body or Indigenous organization to copy or otherwise use the research or study free of charge for the purpose of reclaiming, revitalizing, maintaining or strengthening Indigenous languages. Subject to any law, the Office must also authorize any document used in or produced for that research or study to be copied or otherwise used by that Indigenous community, Indigenous government or other Indigenous governing body or Indigenous organization free of charge, for that purpose.
Support offered by Office 25 At the request of an Indigenous community or an Indigenous government or other Indigenous governing body, the Office may provide support to the community or the Indigenous government or other Indigenous
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Chapter 23: Indigenous Languages Act Office of Commissioner of Indigenous Languages Mandate and Powers, Duties and Functions Sections 25-27
governing body in its efforts to reclaim, revitalize, maintain and strengthen an Indigenous language, including its efforts to (a) create permanent records of the language, including audio and video recordings and written materials such as dictionaries, lexicons and grammars of the language, for the purposes of, among other things, its maintenance and transmission; (b) establish certification standards for translators
and interpreters; (c) conduct research and studies and community assessments in respect of the use of the language; (d) develop and implement plans for reclaiming, revitalizing, maintaining and strengthening the language; or (e) engage with the Government of Canada or provincial or territorial governments to establish culturally appropriate methods of teaching and learning the language.
Dispute resolution services 26 At the request of an Indigenous community, an Indigenous government or other Indigenous governing body, an Indigenous organization or the Government of Canada, the Office may provide services, including mediation or other culturally appropriate services, to facilitate the resolution of a dispute related to (a) the fulfilment by any party of an obligation related
to Indigenous languages under an agreement entered into by the Government of Canada; (b) funding provided by the Government of Canada
for the purposes of an initiative related to Indigenous languages; (c) the fulfilment of any of the Government of
Canada’s obligations under this Act; or (d) the implementation of any of the Government of
Canada’s policies and programs related to Indigenous languages.
Review of complaints 27 (1) The Commissioner may conduct a review of a
complaint, filed by an Indigenous government or other Indigenous governing body, an Indigenous organization or an Indigenous person, respecting any matter referred to in any of paragraphs 26(a) to (d).
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Chapter 23: Indigenous Languages Act Office of Commissioner of Indigenous Languages Mandate and Powers, Duties and Functions Sections 27-33
Report (2) After conducting the review, the Commissioner must prepare a report containing any recommendations that the Commissioner considers to be appropriate.
Capacity, rights, powers and privileges 28 The Office has the capacity, rights, powers and privileges of a natural person, including the capacity to (a) enter into contracts; (b) acquire, hold and dispose of property or an interest or right in property, or lease property; and (c) sue and be sued.
Delegation 29 The Commissioner may delegate any of the Commissioner’s powers, duties and functions under this Act to any director or employee of the Office, subject to any conditions that the Commissioner may impose.
Limit of liability 30 No action or other proceeding lies against the Commissioner, a director, an employee of the Office or a person acting on behalf of the Office for anything done, or omitted to be done, in the exercise or purported exercise in good faith of any power, or in the performance or purported performance in good faith of any duty or function, of that person in accordance with this Act.
Financial Management Fiscal year 31 The Office’s fiscal year is the period beginning on
April 1 in one year and ending on March 31 in the next year. Expenditure of revenues 32 Subject to any conditions that the Treasury Board
may impose, the Office may expend, in the furtherance of its mandate, during a fiscal year or the following one, any revenues that it receives in that fiscal year through the conduct of its activities. Business plan and budget 33 (1) The Office must establish a business plan and
budget for each fiscal year and submit them to the Minister.
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Chapter 23: Indigenous Languages Act Office of Commissioner of Indigenous Languages Financial Management Sections 33-34
Scope and contents of business plan (2) The Office’s business plan must encompass all of the Office’s activities and include a statement of (a) the Office’s mandate; (b) the Office’s objectives for the fiscal year and the
measures it intends to employ to achieve those objectives; and (c) the Office’s expected performance for the fiscal year.
Contents of budget (3) The Office’s budget must include a statement of the Office’s projected revenues and expenses for the fiscal year.
Activities consistent with business plan (4) The Office must carry on its activities in a fiscal year in a manner that is consistent with its business plan for that year.
Books and systems 34 (1) The Office must keep books of account and
records in relation to them and must also maintain financial and management control and information systems. Requirements (2) The books, records and systems referred to in subsection (1) must be kept and maintained in a manner that will provide reasonable assurance that (a) the Office’s assets are safeguarded and controlled; (b) its transactions are carried out in accordance with
this Act; (c) its financial, human and physical resources are managed economically and efficiently; and (d) its activities are carried out effectively.
Internal audit (3) The Office may cause internal audits to be conducted
to assess the Office’s transactions and activities for the purpose of verifying compliance with subsections (1) and (2). Financial statements (4) The Office must prepare financial statements annually, in accordance with generally accepted accounting principles.
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Chapter 23: Indigenous Languages Act Office of Commissioner of Indigenous Languages Financial Management Sections 34-36
Form of financial statements (5) The Office’s financial statements must be prepared in
a form that clearly sets out information according to its principal activities. Annual auditor’s report 35 (1) The Office must cause an annual auditor’s report
to be prepared on its financial statements and any quantitative information required to be audited under subsection (3). Contents (2) The report must, among other things, (a) include separate statements as to whether in the
opinion of the Office’s auditor (i) the financial statements are presented fairly, in
accordance with generally accepted accounting principles, applied on a basis consistent with that of the preceding year, (ii) the quantitative information is accurate in all material respects and, if applicable, was prepared on a basis consistent with that of the preceding year, and (iii) the Office’s transactions that have come to the
auditor’s notice in the course of the auditor’s examination for the report were carried out in accordance with this Act; and (b) call attention to any other matter falling within the
scope of the auditor’s examination for the report that, in the auditor’s opinion, should be brought to the attention of the Office or the Minister.
Audit of quantitative information (3) The Minister may require that any quantitative information required to be included in the report under paragraph (2)(a) be audited. Presentation to Minister (4) The Office must submit to the Minister its audited financial statements with respect to the fiscal year within 90 days after the end of that fiscal year. Special examination 36 (1) At any time required by the Minister, the Office
must cause a special examination to be carried out in respect of its transactions and activities to determine if the books, records, systems and practices referred to in section 34 were, in the period under examination,
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Chapter 23: Indigenous Languages Act Office of Commissioner of Indigenous Languages Financial Management Sections 36-38
maintained in a manner that met the requirements of that section. Examiner (2) The special examination is to be carried out by the
Office’s auditor. However, if, in the Minister’s opinion, a person other than the Office’s auditor should carry out the special examination, the Minister may, after consultation with the Commissioner, direct that the examination be carried out by another auditor who is qualified for the purpose. Plan (3) Before commencing the special examination, an examiner must survey the Office’s systems and practices to be examined and submit a plan for the examination, including a statement of the criteria to be applied in the examination, to the Commissioner.
Reliance on internal audit (4) The examiner must, to the extent feasible, rely on any
internal audit conducted under subsection 34(3).
Examiner’s report 37 (1) The examiner must, on completion of the special examination, submit a report on the examiner’s findings, and a summary of that report, to the Minister and the Commissioner.
Contents (2) The examiner’s report is to include (a) a statement as to whether, in the examiner’s opinion, having regard to the criteria referred to in subsection 34(2), there is a reasonable assurance that there are no significant deficiencies in the systems and practices examined; and (b) a statement on the extent to which the examiner
relied on internal audits. Posting of summary (3) The Office must, as soon as feasible after the Commissioner has received the report, post the summary of the report on its website.
Consultation with Auditor General 38 The Office’s auditor or the examiner may at any time consult the Auditor General of Canada on any matter relating to an audit or special examination.
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Chapter 23: Indigenous Languages Act Office of Commissioner of Indigenous Languages Financial Management Sections 39-43
Right to information 39 (1) At the request of the Office’s auditor or the examiner, the present or former Commissioner, directors or employees of the Office must provide any information and explanations, and give access to any of the Office’s records, documents, books, accounts and vouchers that are under their control, that the auditor or examiner considers necessary to prepare a report required under this Act. Obligation to inform (2) If the Office’s present or former Commissioner, directors or employees do not have information or explanations requested by an auditor or examiner under subsection (1), the Office’s current Commissioner or directors must obtain the information or explanation and provide it to the auditor or examiner.
Restriction 40 Nothing in sections 34 to 39 is to be construed as authorizing the Office’s auditor or the examiner to express any opinion on the merits of matters of policy, including the merits of the Office’s mandate or any policy decision of the Office.
Qualified privilege 41 An oral or written statement or a report made under this Act by the Office’s auditor or an examiner has qualified privilege.
Disclosure of material developments 42 The Commissioner must, as soon as feasible, notify
the Minister of any financial or other developments that, in the Commissioner’s opinion, are likely to have a material effect on the Office’s ability to carry out its mandate or exercise its powers or perform its duties or functions, on its performance or on its requirements for funding.
Annual Report Contents 43 (1) The Office must, within four months after the end
of each fiscal year, submit to the Minister an annual report on (a) the use and vitality of Indigenous languages in
Canada; (b) the needs of Indigenous groups, communities and
peoples and entities that are specialized in Indigenous languages — and the progress made — in relation to the reclamation, revitalization, maintenance and strengthening of Indigenous languages;
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(c) the adequacy of funding provided by the Government of Canada for the purposes of initiatives related to Indigenous languages; and (d) the implementation of this Act.
Activities of Office and other contents (2) The annual report must also set out information respecting the Office’s principal activities for the fiscal year and must include (a) a list of the research and studies undertaken under
subsection 24(1); (a.1) the Office’s financial statements; (b) the annual auditor’s report; (c) a statement on the extent to which the Office has met its objectives for the fiscal year; and (d) any other information specified by the regulations.
Tabling in Parliament 44 (1) The Minister must cause a copy of the Office’s report to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the day on which the report is received. Referral to committee (2) After it is tabled, the report stands referred to the committee of the Senate, the House of Commons or both Houses of Parliament that may be designated or established for the purpose of reviewing the report.
Regulations and Rules Regulation-making powers 45 (1) Following consultations by the Minister with the
Office, a variety of Indigenous governments and other Indigenous governing bodies and a variety of Indigenous organizations in order to take into account the unique circumstances and needs of Indigenous groups, communities and peoples, the Governor in Council may make regulations (a) respecting complaints referred to in section 27, including (i) the filing of complaints, including the conditions that must be met before complaints may be filed, (ii) the review of complaints, and
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(iii) the reports made after conducting the review of complaints, including the type of recommendations that may be made in those reports, the period of time within which the reports must be completed and the persons or entities to which the reports must be provided; (a.1) respecting procedures for consultations required under this Act as well as for the negotiation of agreements or arrangements under sections 8 and 9; (a.2) for the purpose of section 10.1, (i) specifying the services to which access may be provided in an Indigenous language and the region in which a federal institution or its agent or mandatary may provide access to those services in that language, (ii) defining the expression “provide access to services”, and (iii) defining the expressions “capacity” and “demand” and specifying the circumstances in which a federal institution or its agent or mandatary has the capacity to provide access to services in an Indigenous language and those in which demand for access to services in that language is sufficient; (b) specifying other information to be included in the annual report for the purposes of paragraph 43(2)(d); and (c) generally, for carrying out the purposes and provisions of this Act. Distinctions-based approach (2) The regulations made under paragraph (1)(a.2) may
provide definitions and requirements that vary depending on (a) the Indigenous language in question; (b) the use and vitality of that language; (c) the unique circumstances and needs of an
Indigenous group, community or people that uses that language; (d) the region where that language is used; and (e) the federal institution or its agent or mandatary
that may provide access to services in that language.
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Collaboration 45.1 The Minister must ensure that Indigenous governments and other Indigenous governing bodies and Indigenous organizations are afforded a meaningful opportunity to collaborate in policy development leading to the making of regulations under section 45. Rules — Office’s meetings and activities 46 The Office may make rules with respect to (a) the calling of meetings of the Office, the number of persons that constitute a quorum at each meeting and the manner in which decisions are to be made; and (b) the conduct of the activities of the Office.
Rules — dispute resolution and complaints 47 Subject to any regulations made under paragraph
45(a), the Office may make rules, including rules of procedure, that apply in respect of dispute resolution services or the review of complaints.
Rules — confidentiality 48 The Office must make rules to ensure the confidentiality of the information the Office receives in confidence in the exercise of its powers and the performance of its duties and functions.
Independent Review Five-year review 49 (1) Within five years after the day on which this section comes into force and every five years after that, the Minister must cause to be conducted an independent review of this Act, of its administration and operation, of any agreements or arrangements made under section 9 and of the activities of the Office. The review must be conducted by a person or body appointed by the Minister in consultation with the Office. Report (2) The person or body that conducts the review must submit to the Minister a report setting out their conclusions and recommendations, including (a) any measures that would contribute to the fulfilment of the objectives of this Act; and (b) any changes to this Act in relation to, among other
things, the mandate or the activities of the Office or the agreements or arrangements made under section 9.
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Consultations (2.1) Before submitting the report to the Minister, the person or body that conducts the review must consult with a variety of Indigenous governments and other Indigenous governing bodies and a variety of Indigenous organizations concerning the conclusions and recommendations that should be included in the report.
Tabling in Parliament (3) The Minister must cause a copy of the report to be
laid before each House of Parliament on any of the first 15 days on which that House is sitting after the day on which the report is received. Referral to committee (4) After it is tabled, the report stands referred to the committee of the Senate, the House of Commons or both Houses of Parliament that may be designated or established for the purpose of reviewing the report.
Parliamentary Review Three-year review 49.1 As soon as feasible after the third anniversary of the day on which this section comes into force and after each subsequent third anniversary, a review of this Act and of its administration and operation is to be commenced by a committee of the Senate, of the House of Commons or of both Houses of Parliament that may be designated or established for that purpose.
Coming into Force Order in council 50 The provisions of this Act come into force on a day or
days to be fixed by order of the Governor in Council.
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STATUTES OF CANADA 2019
CHAPTER 22
An Act to amend the Customs Tariff and the Canadian International Trade Tribunal Act
ASSENTED TO JUNE 21, 2019 BILL C-101
SUMMARY This enactment provides for the repeal of subsections 55(5) and (6) of the Customs Tariff and their subsequent re-enactment two years later. It also makes consequential amendments to the Canadian International Trade Tribunal Act.
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An Act to amend the Customs Tariff and the Canadian International Trade Tribunal Act [Assented to 21st June, 2019] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1997, c. 36
Customs Tariff 1 (1) Subsections 55(5) and (6) of the Customs
Tariff are repealed. (2) Section 55 of the Act is amended by adding the
following after subsection (4): Prohibition against further orders (5) Subject to subsection (6), no order may be made under subsection (1) with respect to goods that have already been the subject of an order made under that subsection or subsection 5(3) of the Export and Import Permits Act unless, after the expiry of the order and any related orders made under subsection 5(3.2) or (4.1) of that Act or section 60 or subsection 63(1), there has elapsed a period equal to the greater of two years and the total period during which the order or orders were in effect.
Exception (6) If an order made under subsection (1) was effective with respect to goods for a period of 180 days or less, a further order may be made under that subsection with respect to those goods if (a) at least one year has elapsed since the previous order took effect; and (b) not more than two orders have been made with respect to the goods under subsection (1) within the period of five years before the further order takes effect.
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R.S., c. 47 (4th Supp.)
Consequential Amendments to the Canadian International Trade Tribunal Act 1997, c. 36, s. 197(3)
2 (1) Subsection 26(7) of the Canadian International Trade Tribunal Act is replaced by the following: Time limit on inquiry (7) If subsection 5(3.1) of the Export and Import Permits Act prohibits the making of an order under subsection 5(3) of that Act in respect of any goods during any period, the Tribunal may commence an inquiry into a complaint under subsection (1) in respect of the goods no earlier than 180 days before the end of the period.
(2) Subsection 26(7) of the Act is replaced by the following:
Time limit on inquiry (7) If subsection 55(5) of the Customs Tariff or subsection 5(3.1) of the Export and Import Permits Act prohibits the making of an order under subsection 55(1) of the Customs Tariff or subsection 5(3) of the Export and Import Permits Act in respect of any goods during any period, the Tribunal may commence an inquiry into a complaint under subsection (1) in respect of the goods no earlier than 180 days before the end of the period.
Coming into Force Second anniversary 3 Subsections 1(2) and 2(2) come into force on the second anniversary of the day on which this Act receives royal assent.
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First Session, Forty-second Parliament, 64-65-66-67-68 Elizabeth II, 2015-2016-2017-2018-2019
STATUTES OF CANADA 2019
CHAPTER 20
An Act to provide no-cost, expedited record suspensions for simple possession of cannabis
ASSENTED TO JUNE 21, 2019 BILL C-93
SUMMARY This enactment amends the Criminal Records Act to, among other things, allow persons who have been convicted under the Controlled Drugs and Substances Act, the Narcotic Control Act and the National Defence Act only of simple possession of cannabis offences committed before October 17, 2018 to apply for a record suspension without being subject to the period required by the Criminal Records Act for other offences or to the fee that is otherwise payable in applying for a suspension.
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CHAPTER 20 An Act to provide no-cost, expedited record suspensions for simple possession of cannabis
[Assented to 21st June, 2019] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: R.S., c. C-47
Criminal Records Act 1 Subsection 2(1) of the Criminal Records Act is
amended by adding the following in alphabetical order: possession means possession within the meaning of subsection 4(3) of the Criminal Code. (possession) 2 Section 2.1 of the Act becomes subsection 2.1(1) and is amended by adding the following after that subsection:
Employees of Board (2) The powers, duties and functions of the Board related
to an application referred to in subsection 4(3.1) shall be exercised by employees of the Board or any class of its employees. 2012, c. 1, s. 112
3 (1) Subparagraph 2.3(a)(i) of the Act is replaced by the following: (i) the Board, after making the inquiries referred to
in paragraph 4.2(1)(b), was satisfied that the applicant was of good conduct, and (2) Paragraph 2.3(b) of the Act is replaced by the following: (b) unless the record suspension is subsequently revoked or ceases to have effect, requires that the judicial record of the conviction be kept separate and apart from other criminal records and removes any
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disqualification or obligation to which the applicant is, by reason of the conviction, subject under any Act of Parliament other than (i) section 109, 110, 161, 320.24, 490.012, 490.019 or 490.02901 of the Criminal Code, (ii) section 259 of the Criminal Code, as it read immediately before the day on which section 14 of An Act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other Acts comes into force, (iii) subsection 147.1(1) or section 227.01 or 227.06
of the National Defence Act, (iv) section 734.5 or 734.6 of the Criminal Code or
section 145.1 of the National Defence Act, in respect of any fine or victim surcharge imposed for any offence referred to in Schedule 3, or (v) section 36.1 of the International Transfer of Offenders Act.
2012, c. 1, s. 115
4 (1) The portion of subsection 4(1) of the Act before paragraph (a) is replaced by the following:
Restrictions on application for record suspension 4 (1) Subject to subsections (3.1) and (3.11), a person is ineligible to apply for a record suspension until the following period has elapsed after the expiration according to law of any sentence, including a sentence of imprisonment, a period of probation and the payment of any fine, imposed for an offence: (2) Section 4 of the Act is amended by adding the following after subsection (3):
Offence referred to in Schedule 3 (3.1) A person who has been convicted only of an offence
referred to in Schedule 3 may apply for a record suspension in respect of that offence before the expiration of the period referred to in subsection (1).
Other offences including at least one offence referred to in Schedule 3 (3.11) A person who has been convicted of an offence referred to in Schedule 3 and other offences may only apply for a record suspension after the expiration of the period referred to in subsection (1), without taking into account any offence referred to in Schedule 3.
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Expiration according to law of sentence (3.2) A person is ineligible to make an application for a
record suspension referred to in subsection (3.1) or (3.11) until after the expiration according to law of any sentence imposed, other than the payment of any fine or victim surcharge, for any offence referred to in Schedule 3. For greater certainty (3.21) For greater certainty, subsection (3.2) does not
apply to fines and victim surcharges imposed for both an offence referred to in Schedule 3 and for other offences, in which case a person is ineligible to make an application for a record suspension referred to in subsection (3.11) until after all fines and victim surcharges have been paid. Fee not payable (3.3) Despite anything in an order made under the Financial Administration Act, a person who makes an application for a record suspension referred to in subsection (3.1) is not required to pay any fee for services provided by the Board in respect of that application if the person has been convicted only of an offence referred to in that subsection.
2012, c. 1, s. 115
(3) Subsection 4(5) of the Act is replaced by the
following: Onus — person referred to in subsection (3.1) (4.1) The person referred to in subsection (3.1) has the
onus of satisfying the Board that the person has been convicted only of an offence referred to in that subsection. Information — application referred to in subsection (3.1) (4.11) For the purpose of an application referred to in
subsection (3.1), the Board may not require a person who makes the application to provide a certified copy of information contained in court records in support of the application unless the certified verification of the applicant’s criminal records and information contained in the police records or Canadian Armed Forces records provided in support of the application are not sufficient to demonstrate that the person has been convicted only of an offence referred to in Schedule 3 and that the only sentence imposed for that offence was payment of a fine or victim surcharge or both.
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Onus — person referred to in subsection (3.11) (4.12) For the purpose of subsection (3.11), a person referred to in that subsection has the onus of satisfying the Board that the person has been convicted of an offence referred to in Schedule 3. Amendment of Schedules 1 and 3 (5) The Governor in Council may, by order, amend
Schedule 1 or 3 by adding or deleting a reference to an offence. 2012, c. 1, s. 116(1)
5 (1) The portion of subsection 4.1(1) of the Act before paragraph (a) is replaced by the following:
Record suspension 4.1 (1) Subject to subsection (1.1), the Board may order that an applicant’s record in respect of an offence be suspended, without taking into account any offence referred to in Schedule 3, if the Board is satisfied that
(2) Section 4.1 of the Act is amended by adding the following after subsection (1):
Record suspension — person referred to in subsection 4(3.1) (1.1) In the case of an application referred to in subsection 4(3.1), the Board shall order that the applicant’s record in respect of that offence be suspended if the applicant has been convicted only of an offence referred to in that subsection and has not been convicted of a new offence under an Act of Parliament, other than an offence referred to in that subsection.
Exception to revocation (1.2) A record suspension ordered under subsection (1.1) may not be revoked by the Board under paragraph 7(b). 2012, c. 1, s. 117(1)
6 Section 4.2 of the Act is amended by adding the
following after subsection (1): Restrictions on inquiries (1.1) The inquiries referred to in paragraph (1)(a), made
with respect to an application referred to in subsection 4(3.1) or (3.11), are not to take into account the non-payment of any fine or victim surcharge imposed for any offence referred to in Schedule 3.
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Restrictions on inquiries (1.2) The inquiries referred to in paragraphs (1)(b) and (c) do not apply to an application referred to in subsection 4(3.1) and, with respect to all other applications for a record suspension, are not to take into account any offence referred to in Schedule 3. 2012, c. 1, s. 120
6.1 Subsection 6(2) of the Act is replaced by the
following: Records to be kept separate and not be disclosed (2) A record of a conviction in respect of which a record
suspension has been ordered that is in the custody of the Commissioner or of any department or agency of the Government of Canada shall be kept separate and apart from other criminal records. Subject to subsection (2.1), no record of a conviction is to be disclosed to any person, nor is the existence of the record or the fact of the conviction to be disclosed to any person, without the prior approval of the Minister. Limited disclosure (2.1) The prior approval of the Minister referred to in subsection (2) is not necessary for the purposes of sections 734.5 and 734.6 of the Criminal Code or section 145.1 of the National Defence Act for non-payment of a fine or victim surcharge that is imposed for an offence referred to in Schedule 3. 7 The Act is amended by adding, after Schedule 2, the Schedule 3 set out in the schedule to this Act.
Transitional Provision Definitions 8 (1) The following definitions apply in this section. Act means the Criminal Records Act. (Loi) application means an application for a pardon or record suspension. (demande) pardon has the same meaning as in subsection 2(1) of the Act as it read from time to time before March 13, 2012. (réhabilitation) record suspension has the same meaning as in subsection 2(1) of the Act. (suspension du casier)
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Chapter 20: An Act to provide no-cost, expedited record suspensions for simple possession of cannabis Transitional Provision Sections 8-9
Pending applications (2) If an application was made before the day on
which this Act comes into force and that application has not been dealt with and disposed of on that day, that application is to be dealt with and disposed of in accordance with the Act, as amended by this Act. However, subsection 4(3.3) of the Act, as enacted by subsection 4(2) of this Act, is not to apply to an application made only with respect to an offence referred to in Schedule 3 of this Act if, on that day, the inquiries referred to in paragraph 4.2(1)(a) of the Act have been completed. Waiting period (3) Subsection 4.2(4) of the Act does not apply to an application for a record suspension referred to in subsection 4(3.1) of the Act, as enacted by subsection 4(2) of this Act, if the day on which the Board refuses to grant or issue a pardon or order a record suspension occurs within one year before the day on which this Act comes into force.
Annual report — applications (4) In its annual report under section 11 of the
Act for the year after the year in which this Act comes into force, the Board shall include information on the number of applications dealt with and disposed of in accordance with the Act, as amended by this Act, the associated costs and the number of suspensions that the Board ordered in respect of those applications, as well as the number that it refused to order.
Coming into Force Order in council 9 This Act comes into force on a day to be fixed
by order of the Governor in Council.
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Chapter 20: An Act to provide no-cost, expedited record suspensions for simple possession of cannabis SCHEDULE
SCHEDULE (Section 7)
SCHEDULE 3 (Subsections 4(3.1) and (5))
Cannabis Offences 1 Offences (a) under subsection 4(4) or (5) of the Controlled Drugs and Substances Act, as it read from time to time before October 17, 2018, for possession of a substance included in Item 1 of Schedule II to that Act, except for similar synthetic preparations of cannabis, other than any substance that is identical to any phytocannabinoid produced by, or found in, a cannabis (marihuana) plant, regardless of how the substance was obtained; (b) under subsection 3(2) of the Narcotic Control Act, chapter N-1 of the Revised Statutes of Canada, 1985, as it read from time to time before May 14, 1997, for possession of a substance included in Item 3 of the schedule to that Act, except for similar synthetic preparations of cannabis sativa, other than any substance that is identical to any phytocannabinoid produced by, or found in, a cannabis (marihuana) plant, regardless of how the substance was obtained; and (c) under the National Defence Act or any previous version of that Act for an act or omission that constitutes an offence listed in paragraph (a) or (b).
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First Session, Forty-second Parliament, 64-65-66-67-68 Elizabeth II, 2015-2016-2017-2018-2019
STATUTES OF CANADA 2019
CHAPTER 21
An Act for granting to Her Majesty certain sums of money for the federal public administration for the fiscal year ending March 31, 2020
ASSENTED TO JUNE 21, 2019 BILL C-102
SUMMARY This enactment grants the sum of $87,942,270,230 towards defraying charges and expenses of the federal public administration for the fiscal year ending March 31, 2020 that are not otherwise provided for.
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CHAPTER 21
An Act for granting to Her Majesty certain sums of money for the federal public administration for the fiscal year ending March 31, 2020 [Assented to 21st June, 2019] MOST GRACIOUS SOVEREIGN, Preamble Whereas it appears by message from Her Excellency the Right Honourable Julie Payette, Governor General and Commander-in-Chief of Canada, and the Estimates accompanying that message, that the sums mentioned below are required to defray certain expenses of the federal public administration, not otherwise provided for, for the fiscal year ending March 31, 2020, and for other purposes connected with the federal public administration;
May it therefore please Your Majesty, that it may be enacted, and be it enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, that: Short title 1 This Act may be cited as the Appropriation Act No. 2,
2019–20. $87,942,270,230 granted for 2019–20 2 There may be paid out of the Consolidated Revenue
Fund a sum not exceeding in the aggregate $87,942,270,230 towards defraying the various charges and expenses of the federal public administration for the fiscal year ending March 31, 2020, not otherwise provided for, which is the total of the following amounts: (a) $82,994,982,086, which is the total of the amounts
of the items set out in the Proposed Schedule 1 set out in the Annex to the Main Estimates for the fiscal year ending March 31, 2020 and in Schedule 1 to this Act less the total of the interim appropriations granted on
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Chapter 21: Appropriation Act No. 2, 2019–20 Sections 2-5
account of those items by Appropriation Act No. 1, 2019–20, and (b) $4,947,288,144, which is the total of the amounts of
the items set out in the Proposed Schedule 2 set out in the Annex to those Estimates and in Schedule 2 to this Act less the total of the interim appropriations granted on account of those items by Appropriation Act No. 1, 2019–20. Purpose of each item 3 (1) The amount authorized by this Act to be paid in respect of an item may be paid only for the purposes, and subject to any terms and conditions, specified in the item. Effective date (2) The provisions of each item set out in Schedules 1 and 2 are deemed to have effect as of April 1, 2019.
Adjustments in accounts of Canada — Schedule 1 4 An appropriation that is granted by this Act or any other Act and referred to in Schedule 1 may be charged after the end of the fiscal year for which the appropriation is granted at any time before the day on which the Public Accounts for that fiscal year are tabled in Parliament, for the purpose of making adjustments in the accounts of Canada for that fiscal year that do not require payments out of the Consolidated Revenue Fund.
Adjustments in accounts of Canada — Schedule 2 5 (1) An appropriation that is granted by this Act or any other Act and referred to in Schedule 2 may be charged after the end of the fiscal year following the fiscal year for which the appropriation is granted at any time before the day on which the Public Accounts for that second fiscal year are tabled in Parliament, for the purpose of making adjustments in the accounts of Canada for that second fiscal year that do not require payments out of the Consolidated Revenue Fund.
Order of payment (2) Despite any other provision of this Act, amounts appropriated by this Act and set out in Schedule 2 may be paid and applied at any time on or before March 31, 2021, so long as every payment is charged first against the relevant amount appropriated under any Act that is earliest in time until that amount is exhausted, next against the relevant amount appropriated under any other Act, including this Act, that is next in time until that amount is exhausted and so on. The balance of amounts so appropriated by this Act that have not been charged, subject to the adjustments referred to in section 37 of the Financial
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Chapter 21: Appropriation Act No. 2, 2019–20 Sections 5-6
Administration Act, lapse at the end of the fiscal year following the fiscal year ending March 31, 2020. Bill C-97
6 If Bill C-97, introduced in the 1st session of the
42nd Parliament and entitled the Budget Implementation Act, 2019, No. 1, receives royal assent, then, on the first day on which this Act and sections 336 and 337 of that Act are all in force, (a) “the Minister of Indian Affairs and Northern Development” in the column “Items” under the heading “Department of Indian Affairs and Northern Development” in Schedule 1 to this Act is deemed to be replaced by “the Minister of Crown-Indigenous Relations or the Minister of Northern Affairs”; and (b) “the Minister of State styled Minister of Indigenous Services” in the column “Items” under the heading “Department of Indigenous Services Canada” in Schedule 1 to this Act is deemed to be replaced by “the Minister of Indigenous Services”.
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Chapter 21: Appropriation Act No. 2, 2019–20 SCHEDULE 1
SCHEDULE 1
Based on the Main Estimates 2019–20, the amount granted is $8 out in this Schedule ($119,071,856,785) less the total of the inter propriation Act No. 1, 2019–20 ($36,076,874,699).
Sums granted to Her Majesty by this Act for the fiscal year ending Vote No.
Items
ADMINISTRATIVE TRIBUNALS SUPPORT SERVICE OF CAN Service canadien d’appui aux tribunaux administratifs 1
– Program expenditures
– Authority to make recoverable expenditures in relation Canada Pension Plan and the Employment Insurance A 5
– Authority granted to the Treasury Board to supplement organization for the initiative “Resolving Income Secur More Quickly and Easily”, announced in the Budget of to allow for the provision of new grants or for any incre grant that is listed in any of the Estimates for the fiscal penditures made possible are not otherwise provided f
ATLANTIC CANADA OPPORTUNITIES AGENCY Agence de promotion économique du Canada atlantiqu 1
– Operating expenditures
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 5
– The grants listed in any of the Estimates for the fiscal ye – Contributions
– Authority granted to the Treasury Board to supplement Agency for the initiative “Launching a Federal Strategy announced in the Budget of March 19, 2019, including t of new grants or for any increase to the amount of a gr the Estimates for the fiscal year, as long as the expendi not otherwise provided for
– Authority granted to the Treasury Board to supplement Agency for the initiative “Increased Funding for the Reg Agencies”, announced in the Budget of March 19, 2019 the provision of new grants or for any increase to the a listed in any of the Estimates for the fiscal year, as long made possible are not otherwise provided for ATOMIC ENERGY OF CANADA LIMITED Énergie atomique du Canada limitée
– Payments to the corporation for operating and capital e CANADA BORDER SERVICES AGENCY Agence des services frontaliers du Canada
– Authority granted to the Treasury Board to supplement Agency for the initiative “Addressing the Challenges of announced in the Budget of March 19, 2019, including t of new grants or for any increase to the amount of a gr the Estimates for the fiscal year, as long as the expendi not otherwise provided for
– Authority granted to the Treasury Board to supplement Agency for the initiative “Enhancing Accountability and Border Services Agency”, announced in the Budget of
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Chapter 21: Appropriation Act No. 2, 2019–20 SCHEDULE 1
Vote No.
Items
to allow for the provision of new grants or for any incre grant that is listed in any of the Estimates for the fiscal penditures made possible are not otherwise provided f 20
– Authority granted to the Treasury Board to supplement Agency for the initiative “Enhancing the Integrity of Ca lum System”, announced in the Budget of March 19, 20 the provision of new grants or for any increase to the a listed in any of the Estimates for the fiscal year, as long made possible are not otherwise provided for
– Authority granted to the Treasury Board to supplement Agency for the initiative “Helping Travellers Visit Canad Budget of March 19, 2019, including to allow for the pro for any increase to the amount of a grant that is listed i the fiscal year, as long as the expenditures made possi vided for
– Authority granted to the Treasury Board to supplement Agency for the initiative “Modernizing Canadaʼs Border in the Budget of March 19, 2019, including to allow for grants or for any increase to the amount of a grant that timates for the fiscal year, as long as the expenditures m otherwise provided for
– Authority granted to the Treasury Board to supplement Agency for the initiative “Protecting People from Unscr Consultants”, announced in the Budget of March 19, 20 the provision of new grants or for any increase to the a listed in any of the Estimates for the fiscal year, as long made possible are not otherwise provided for CANADA COUNCIL FOR THE ARTS Conseil des Arts du Canada
– Payments to the Council to be used for the furtherance section 8 of the Canada Council for the Arts Act CANADA MORTGAGE AND HOUSING CORPORATION Société canadienne d’hypothèques et de logement
– Payments to reimburse the Corporation for the amount grants, contributions and expenditures made, and losse curred, (a) under the National Housing Act; or
(b) in the course of the exercise of powers or the car functions conferred on the Corporation under any o accordance with the Corporation’s authority under t Housing Corporation Act 5
– Authority granted to the Treasury Board to supplement Corporation for the initiative “Expanding the Rental Co tiative”, announced in the Budget of March 19, 2019, in provision of new grants or for any increase to the amou in any of the Estimates for the fiscal year, as long as the sible are not otherwise provided for
– Authority granted to the Treasury Board to supplement Corporation for the initiative “Introducing the First-Tim announced in the Budget of March 19, 2019, including t of new grants or for any increase to the amount of a gr the Estimates for the fiscal year, as long as the expendi not otherwise provided for CANADA POST CORPORATION Société canadienne des postes
– Payments to the Corporation for special purposes
2015-2016-2017-2018-2019
Chapter 21: Appropriation Act No. 2, 2019–20 SCHEDULE 1
Vote No.
Items CANADA REVENUE AGENCY Agence du revenu du Canada
– Authority granted to the Treasury Board to supplement Agency for the initiative “Access to Charitable Tax Ince Journalism”, announced in the Budget of March 19, 20 the provision of new grants or for any increase to the a listed in any of the Estimates for the fiscal year, as long made possible are not otherwise provided for
– Authority granted to the Treasury Board to supplement Agency for the initiative “Ensuring Proper Payments fo nounced in the Budget of March 19, 2019, including to new grants or for any increase to the amount of a gran the Estimates for the fiscal year, as long as the expendi not otherwise provided for
– Authority granted to the Treasury Board to supplement Agency for the initiative “Improving Access to the Cana Throughout the Year”, announced in the Budget of Ma allow for the provision of new grants or for any increas grant that is listed in any of the Estimates for the fiscal penditures made possible are not otherwise provided f
– Authority granted to the Treasury Board to supplement Agency for the initiative “Improving Client Services at t Agency”, announced in the Budget of March 19, 2019, i provision of new grants or for any increase to the amou in any of the Estimates for the fiscal year, as long as the sible are not otherwise provided for
– Authority granted to the Treasury Board to supplement Agency for the initiative “Improving Tax Compliance”, of March 19, 2019, including to allow for the provision o increase to the amount of a grant that is listed in any of fiscal year, as long as the expenditures made possible a ed for
– Authority granted to the Treasury Board to supplement Agency for the initiative “Taking Action to Enhance Tax Estate Sector”, announced in the Budget of March 19, 2 for the provision of new grants or for any increase to th is listed in any of the Estimates for the fiscal year, as lo made possible are not otherwise provided for
– Authority granted to the Treasury Board to supplement Agency for the initiative “Tax Credit for Digital News Su in the Budget of March 19, 2019, including to allow for grants or for any increase to the amount of a grant that timates for the fiscal year, as long as the expenditures m otherwise provided for CANADA SCHOOL OF PUBLIC SERVICE École de la fonction publique du Canada
– Program expenditures
CANADIAN AIR TRANSPORT SECURITY AUTHORITY Administration canadienne de la sûreté du transport aé 1
– Payments to the Authority for operating and capital exp
– Authority granted to the Treasury Board to supplement Authority for the initiative “Delivering Better Service fo nounced in the Budget of March 19, 2019, including to new grants or for any increase to the amount of a gran the Estimates for the fiscal year, as long as the expendi not otherwise provided for
2015-2016-2017-2018-2019
Chapter 21: Appropriation Act No. 2, 2019–20 SCHEDULE 1
Vote No.
Items CANADIAN BROADCASTING CORPORATION Société Radio-Canada
– Payments to the Corporation for operating expenditures
– Payments to the Corporation for working capital
– Payments to the Corporation for capital expenditures
CANADIAN CENTRE FOR OCCUPATIONAL HEALTH AND S Centre canadien d’hygiène et de sécurité au travail 1
– Program expenditures CANADIAN DAIRY COMMISSION Commission canadienne du lait
– Program expenditures CANADIAN ENVIRONMENTAL ASSESSMENT AGENCY Agence canadienne d’évaluation environnementale
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal (a) the conduct of environmental assessments by a (b) the provision of training; and
(c) the provision of internal support services under s 5
– The grants listed in any of the Estimates for the fiscal ye – Contributions CANADIAN FOOD INSPECTION AGENCY Agence canadienne d’inspection des aliments
– Operating expenditures
– The grants listed in any of the Estimates for the fiscal ye – Contributions 5
– Capital expenditures
– Authority granted to the Treasury Board to supplement Agency for the initiative “A Food Policy for Canada”, an of March 19, 2019, including to allow for the provision o increase to the amount of a grant that is listed in any of fiscal year, as long as the expenditures made possible a ed for
– Authority granted to the Treasury Board to supplement Agency for the initiative “Bringing Innovation to Regula Budget of March 19, 2019, including to allow for the pro for any increase to the amount of a grant that is listed i the fiscal year, as long as the expenditures made possi vided for
– Authority granted to the Treasury Board to supplement Agency for the initiative “Ensuring Continued Access to an Meat Products”, announced in the Budget of March low for the provision of new grants or for any increase that is listed in any of the Estimates for the fiscal year, a tures made possible are not otherwise provided for
– Authority granted to the Treasury Board to supplement Agency for the initiative “Protecting Against Bovine Sp in Canada”, announced in the Budget of March 19, 201
2015-2016-2017-2018-2019
Chapter 21: Appropriation Act No. 2, 2019–20 SCHEDULE 1
Vote No.
Items
the provision of new grants or for any increase to the a listed in any of the Estimates for the fiscal year, as long made possible are not otherwise provided for CANADIAN GRAIN COMMISSION Commission canadienne des grains 1
– Program expenditures
CANADIAN HIGH ARCTIC RESEARCH STATION Station canadienne de recherche dans l’Extrême-Arctiq 1
– Program expenditures
– The grants listed in any of the Estimates for the fiscal ye – Contributions CANADIAN HUMAN RIGHTS COMMISSION Commission canadienne des droits de la personne 1
– Program expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela incurs in that fiscal year — revenues that it receives in t provision of internal support services under section 29. 5
– Authority granted to the Treasury Board to supplement Commission for the initiative “Supporting the Canadian sion and Access to Justice”, announced in the Budget o ing to allow for the provision of new grants or for any i a grant that is listed in any of the Estimates for the fisca penditures made possible are not otherwise provided f CANADIAN INSTITUTES OF HEALTH RESEARCH Instituts de recherche en santé du Canada
– Operating expenditures
– The grants listed in any of the Estimates for the fiscal ye
– Authority granted to the Treasury Board to supplement agency for the initiative “Paid Parental Leave for Stude nounced in the Budget of March 19, 2019, including to new grants or for any increase to the amount of a gran the Estimates for the fiscal year, as long as the expendi not otherwise provided for
– Authority granted to the Treasury Board to supplement agency for the initiative “Supporting Graduate Student Scholarships”, announced in the Budget of March 19, 2 for the provision of new grants or for any increase to th is listed in any of the Estimates for the fiscal year, as lo made possible are not otherwise provided for
CANADIAN INTERGOVERNMENTAL CONFERENCE SECRE Secrétariat des conférences intergouvernementales can 1
– Program expenditures CANADIAN MUSEUM FOR HUMAN RIGHTS Musée canadien des droits de la personne
– Payments to the Museum for operating and capital expe
2015-2016-2017-2018-2019
Chapter 21: Appropriation Act No. 2, 2019–20 SCHEDULE 1
Vote No.
Items CANADIAN MUSEUM OF HISTORY Musée canadien de l’histoire
– Payments to the Museum for operating and capital expe CANADIAN MUSEUM OF IMMIGRATION AT PIER 21 Musée canadien de l’immigration du Quai 21
– Payments to the Museum for operating and capital expe CANADIAN MUSEUM OF NATURE Musée canadien de la nature
– Payments to the Museum for operating and capital expe
CANADIAN NORTHERN ECONOMIC DEVELOPMENT AGEN Agence canadienne de développement économique du 1
– Operating expenditures
– The grants listed in any of the Estimates for the fiscal ye – Contributions
– Authority granted to the Treasury Board to supplement Agency for the initiative “A Food Policy for Canada”, an of March 19, 2019, including to allow for the provision o increase to the amount of a grant that is listed in any of fiscal year, as long as the expenditures made possible a ed for
– Authority granted to the Treasury Board to supplement Agency for the initiative “Launching a Federal Strategy announced in the Budget of March 19, 2019, including t of new grants or for any increase to the amount of a gr the Estimates for the fiscal year, as long as the expendi not otherwise provided for
– Authority granted to the Treasury Board to supplement Agency for the initiative “Strong Arctic and Northern C in the Budget of March 19, 2019, including to allow for grants or for any increase to the amount of a grant that timates for the fiscal year, as long as the expenditures m otherwise provided for CANADIAN NUCLEAR SAFETY COMMISSION Commission canadienne de sûreté nucléaire
– Program expenditures
– The grants listed in any of the Estimates for the fiscal ye – Contributions
CANADIAN RADIO-TELEVISION AND TELECOMMUNICAT Conseil de la radiodiffusion et des télécommunications 1
– Program expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal munications Fees Regulations, 2010, the Broadcasting L 1997 and the Unsolicited Telecommunications Fees Reg enues that it receives in that fiscal year from activities r its operations, up to amounts approved by the Treasury 5
– Authority granted to the Treasury Board to supplement Commission for the initiative “Protecting Canadaʼs Crit Cyber Threats”, announced in the Budget of March 19,
2015-2016-2017-2018-2019
Chapter 21: Appropriation Act No. 2, 2019–20 SCHEDULE 1
Vote No.
Items
for the provision of new grants or for any increase to th is listed in any of the Estimates for the fiscal year, as lo made possible are not otherwise provided for CANADIAN SECURITY INTELLIGENCE SERVICE Service canadien du renseignement de sécurité 1
– Program expenditures
– Authority granted to the Treasury Board to supplement organization for the initiative “Enhancing the Integrity o Asylum System”, announced in the Budget of March 19 for the provision of new grants or for any increase to th is listed in any of the Estimates for the fiscal year, as lo made possible are not otherwise provided for
– Authority granted to the Treasury Board to supplement organization for the initiative “Helping Travellers Visit C the Budget of March 19, 2019, including to allow for the or for any increase to the amount of a grant that is liste for the fiscal year, as long as the expenditures made po provided for
– Authority granted to the Treasury Board to supplement organization for the initiative “Protecting Canada’s Nat nounced in the Budget of March 19, 2019, including to new grants or for any increase to the amount of a gran the Estimates for the fiscal year, as long as the expendi not otherwise provided for
– Authority granted to the Treasury Board to supplement organization for the initiative “Protecting the Rights and ans”, announced in the Budget of March 19, 2019, inclu vision of new grants or for any increase to the amount any of the Estimates for the fiscal year, as long as the e ble are not otherwise provided for
– Authority granted to the Treasury Board to supplement organization for the initiative “Renewing Canadaʼs Mid nounced in the Budget of March 19, 2019, including to new grants or for any increase to the amount of a gran the Estimates for the fiscal year, as long as the expendi not otherwise provided for CANADIAN SPACE AGENCY Agence spatiale canadienne
– Operating expenditures
– Capital expenditures
– The grants listed in any of the Estimates for the fiscal ye – Contributions CANADIAN TOURISM COMMISSION Commission canadienne du tourisme
– Payments to the Commission
– Authority granted to the Treasury Board to supplement Commission for the initiative “Launching a Federal Stra Tourism”, announced in the Budget of March 19, 2019, provision of new grants or for any increase to the amou in any of the Estimates for the fiscal year, as long as the sible are not otherwise provided for
CANADIAN TRANSPORTATION ACCIDENT INVESTIGATIO Bureau canadien d’enquête sur les accidents de transpo transports
2015-2016-2017-2018-2019
Chapter 21: Appropriation Act No. 2, 2019–20 SCHEDULE 1
Vote No. 1
Items – Program expenditures CANADIAN TRANSPORTATION AGENCY Office des transports du Canada
– Program expenditures
CIVILIAN REVIEW AND COMPLAINTS COMMISSION FOR MOUNTED POLICE Commission civile d’examen et de traitement des plain Gendarmerie royale du Canada 1
– Program expenditures
– Authority granted to the Treasury Board to supplement Commission for the initiative “Enhancing Accountabilit Canada Border Services Agency”, announced in the Bu revised April 1, 2019, including to allow for the provisio any increase to the amount of a grant that is listed in an fiscal year, as long as the expenditures made possible a ed for COMMUNICATIONS SECURITY ESTABLISHMENT Centre de la sécurité des télécommunications
– Program expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal including the provision of internal support services und 5
– Authority granted to the Treasury Board to supplement organization for the initiative “Protecting Canadaʼs Criti Cyber Threats”, announced in the Budget of March 19, for the provision of new grants or for any increase to th is listed in any of the Estimates for the fiscal year, as lo made possible are not otherwise provided for
– Authority granted to the Treasury Board to supplement organization for the initiative “Protecting Canada’s Nat nounced in the Budget of March 19, 2019, including to new grants or for any increase to the amount of a gran the Estimates for the fiscal year, as long as the expendi not otherwise provided for
– Authority granted to the Treasury Board to supplement organization for the initiative “Protecting Democracy”, of March 19, 2019, including to allow for the provision o increase to the amount of a grant that is listed in any of fiscal year, as long as the expenditures made possible a ed for
– Authority granted to the Treasury Board to supplement organization for the initiative “Renewing Canadaʼs Mid nounced in the Budget of March 19, 2019, including to new grants or for any increase to the amount of a gran the Estimates for the fiscal year, as long as the expendi not otherwise provided for COPYRIGHT BOARD Commission du droit d’auteur
– Program expenditures CORRECTIONAL SERVICE OF CANADA Service correctionnel du Canada
2015-2016-2017-2018-2019
Chapter 21: Appropriation Act No. 2, 2019–20 SCHEDULE 1
Vote No. 1
Items – Operating expenditures
– The grants listed in any of the Estimates for the fiscal ye – Contributions
– Authority to deposit into the Inmate Welfare Fund reven cal year from projects operated by inmates and finance
– Authority to operate canteens in federal institutions and fiscal year, revenue from sales into the Inmate Welfare
– Payments, in accordance with terms and conditions pre in Council,
(a) to or on behalf of discharged inmates who suffer caused by participation in normal program activity i
(b) to dependants of deceased inmates and discharg deaths resulted from participation in normal progra tutions
– Authority for the Minister of Public Safety and Emergen to the approval of the Governor in Council, to enter into province for
(a) the confinement in institutions of that province o committed or transferred to a penitentiary;
(b) compensation for the maintenance of such perso
(c) payment in respect of the construction and relate tions 5
– Capital expenditures, including
(a) payments to aboriginal communities, as defined rections and Conditional Release Act, in connection rectional services under an agreement referred to in and
(b) payments to non-profit organizations involved in operations, provinces and municipalities towards th tion costs 10
– Authority granted to the Treasury Board to supplement organization for the initiative “Support for the Correctio announced in the Budget of March 19, 2019, including t of new grants or for any increase to the amount of a gr the Estimates for the fiscal year, as long as the expendi not otherwise provided for COURTS ADMINISTRATION SERVICE Service administratif des tribunaux judiciaires
– Program expenditures
– Authority granted to the Treasury Board to supplement organization for the initiative “Enhancing the Integrity o Asylum System”, announced in the Budget of March 19 for the provision of new grants or for any increase to th is listed in any of the Estimates for the fiscal year, as lo made possible are not otherwise provided for
– Authority granted to the Treasury Board to supplement organization for the initiative “Supporting the Delivery Courts Administration Service”, announced in the Budg cluding to allow for the provision of new grants or for a amount of a grant that is listed in any of the Estimates as the expenditures made possible are not otherwise p DEPARTMENT FOR WOMEN AND GENDER EQUALITY Ministère des Femmes et de l’Égalité des genres
– Operating expenditures
2015-2016-2017-2018-2019
Chapter 21: Appropriation Act No. 2, 2019–20 SCHEDULE 1
Vote No.
Items
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 5
– The grants listed in any of the Estimates for the fiscal ye – Contributions
– Authority granted to the Treasury Board to supplement Department for the initiative “Advancing Gender Equal Budget of March 19, 2019, including to allow for the pro for any increase to the amount of a grant that is listed i the fiscal year, as long as the expenditures made possi vided for DEPARTMENT OF AGRICULTURE AND AGRI-FOOD Ministère de l’Agriculture et de l’Agroalimentaire
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal (a) collaborative research agreements and research (b) the administration of the AgriStability program;
(c) the provision of internal support services under s
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 5
– Capital expenditures
– The grants listed in any of the Estimates for the fiscal ye – Contributions
– Authority granted to the Treasury Board to supplement Department for the initiative “A Food Policy for Canada get of March 19, 2019, including to allow for the provisi any increase to the amount of a grant that is listed in an fiscal year, as long as the expenditures made possible a ed for DEPARTMENT OF CANADIAN HERITAGE Ministère du Patrimoine canadien
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal
(a) the activities of the Canadian Conservation Instit itage Information Network and the Canadian Audio(b) activities undertaken under the Capital Experienc
(c) the provision of internal support services under s
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min
2015-2016-2017-2018-2019
Chapter 21: Appropriation Act No. 2, 2019–20 SCHEDULE 1
Vote No. 5
Items
– The grants listed in any of the Estimates for the fiscal ye – Contributions
– Authority granted to the Treasury Board to supplement Department for the initiative “Ensuring a Safe and Heal nounced in the Budget of March 19, 2019, including to new grants or for any increase to the amount of a gran the Estimates for the fiscal year, as long as the expendi not otherwise provided for
– Authority granted to the Treasury Board to supplement Department for the initiative “Expanding Support for A Events”, announced in the Budget of March 19, 2019, in provision of new grants or for any increase to the amou in any of the Estimates for the fiscal year, as long as the sible are not otherwise provided for
– Authority granted to the Treasury Board to supplement Department for the initiative “Inclusion of Canadians w and Other Print Disabilities”, announced in the Budget ing to allow for the provision of new grants or for any i a grant that is listed in any of the Estimates for the fisca penditures made possible are not otherwise provided f
– Authority granted to the Treasury Board to supplement Department for the initiative “Introducing a New Anti-R nounced in the Budget of March 19, 2019, including to new grants or for any increase to the amount of a gran the Estimates for the fiscal year, as long as the expendi not otherwise provided for
– Authority granted to the Treasury Board to supplement Department for the initiative “National Day for Truth an nounced in the Budget of March 19, 2019, including to new grants or for any increase to the amount of a gran the Estimates for the fiscal year, as long as the expendi not otherwise provided for
– Authority granted to the Treasury Board to supplement Department for the initiative “Protecting Democracy”, a of March 19, 2019, including to allow for the provision o increase to the amount of a grant that is listed in any of fiscal year, as long as the expenditures made possible a ed for
– Authority granted to the Treasury Board to supplement Department for the initiative “Preserving, Promoting an Languages”, announced in the Budget of March 19, 201 the provision of new grants or for any increase to the a listed in any of the Estimates for the fiscal year, as long made possible are not otherwise provided for DEPARTMENT OF CITIZENSHIP AND IMMIGRATION Ministère de la Citoyenneté et de l’Immigration
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year from the provision of services related to Canada — revenues that it receives in that fiscal year fr services
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 5
– Capital expenditures
2015-2016-2017-2018-2019
Chapter 21: Appropriation Act No. 2, 2019–20 SCHEDULE 1
Vote No. 10
Items
– The grants listed in any of the Estimates for the fiscal ye
– Contributions, including the provision of goods and ser 15
– Authority granted to the Treasury Board to supplement Department for the initiative “Enhancing the Integrity o Asylum System”, announced in the Budget of March 19 for the provision of new grants or for any increase to th is listed in any of the Estimates for the fiscal year, as lo made possible are not otherwise provided for
– Authority granted to the Treasury Board to supplement Department for the initiative “Improving Immigration C nounced in the Budget of March 19, 2019, including to new grants or for any increase to the amount of a gran the Estimates for the fiscal year, as long as the expendi not otherwise provided for
– Authority granted to the Treasury Board to supplement Department for the initiative “Helping Travellers Visit C the Budget of March 19, 2019, including to allow for the or for any increase to the amount of a grant that is liste for the fiscal year, as long as the expenditures made po provided for
– Authority granted to the Treasury Board to supplement Department for the initiative “Protecting People from U Consultants”, announced in the Budget of March 19, 20 the provision of new grants or for any increase to the a listed in any of the Estimates for the fiscal year, as long made possible are not otherwise provided for
– Authority granted to the Treasury Board to supplement Department for the initiative “Providing Health Care to Seekers”, announced in the Budget of March 19, 2019, provision of new grants or for any increase to the amou in any of the Estimates for the fiscal year, as long as the sible are not otherwise provided for
DEPARTMENT OF EMPLOYMENT AND SOCIAL DEVELOPM Ministère de l’Emploi et du Développement social 1
– Operating expenditures
– Authority to make recoverable expenditures in relation Canada Pension Plan and the Employment Insurance A
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela incurs in that fiscal year — revenues that it receives in t
(a) the provision of services to assist provinces in th provincial programs funded under Labour Market D
(b) the provision of internal support services under s
(c) any amount charged to a Crown corporation und Government Employees Compensation Act in relatio for subrogated claims for Crown corporations; and
(d) the portion of the Government Employees Comp tal or agency subrogated claim settlements related t
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 5
– The grants listed in any of the Estimates for the fiscal ye – Contributions
2015-2016-2017-2018-2019
Chapter 21: Appropriation Act No. 2, 2019–20 SCHEDULE 1
Vote No.
Items
– Authority granted to the Treasury Board to supplement Department for the initiative “Boosting the Capacity of and Conciliation Services”, announced in the Budget o ing to allow for the provision of new grants or for any i a grant that is listed in any of the Estimates for the fisca penditures made possible are not otherwise provided f
– Authority granted to the Treasury Board to supplement Department for the initiative “Empowering Seniors in t nounced in the Budget of March 19, 2019, including to new grants or for any increase to the amount of a gran the Estimates for the fiscal year, as long as the expendi not otherwise provided for
– Authority granted to the Treasury Board to supplement Department for the initiative “Enhancing Supports for A nounced in the Budget of March 19, 2019, including to new grants or for any increase to the amount of a gran the Estimates for the fiscal year, as long as the expendi not otherwise provided for
– Authority granted to the Treasury Board to supplement Department for the initiative “Ensuring Income Security ficient”, announced in the Budget of March 19, 2019, re cluding to allow for the provision of new grants or for a amount of a grant that is listed in any of the Estimates as the expenditures made possible are not otherwise p
– Authority granted to the Treasury Board to supplement Department for the initiative “Establishing a Permanen announced in the Budget of March 19, 2019, including t of new grants or for any increase to the amount of a gr the Estimates for the fiscal year, as long as the expendi not otherwise provided for
– Authority granted to the Treasury Board to supplement Department for the initiative “Expanding the Canada Se in the Budget of March 19, 2019, including to allow for grants or for any increase to the amount of a grant that timates for the fiscal year, as long as the expenditures m otherwise provided for
– Authority granted to the Treasury Board to supplement Department for the initiative “Expanding the Student W announced in the Budget of March 19, 2019, including t of new grants or for any increase to the amount of a gr the Estimates for the fiscal year, as long as the expendi not otherwise provided for
– Authority granted to the Treasury Board to supplement Department for the initiative “Improving Gender and D Skills Programs”, announced in the Budget of March 19 for the provision of new grants or for any increase to th is listed in any of the Estimates for the fiscal year, as lo made possible are not otherwise provided for
– Authority granted to the Treasury Board to supplement Department for the initiative “Inclusion of Canadians w and Other Print Disabilities”, announced in the Budget ing to allow for the provision of new grants or for any i a grant that is listed in any of the Estimates for the fisca penditures made possible are not otherwise provided f
– Authority granted to the Treasury Board to supplement Department for the initiative “Investing in Service Cana Budget of March 19, 2019, including to allow for the pro for any increase to the amount of a grant that is listed i the fiscal year, as long as the expenditures made possi vided for
– Authority granted to the Treasury Board to supplement Department for the initiative “Resolving Income Securi More Quickly and Easily”, announced in the Budget of
2015-2016-2017-2018-2019
Chapter 21: Appropriation Act No. 2, 2019–20 SCHEDULE 1
Vote No.
Items
to allow for the provision of new grants or for any incre grant that is listed in any of the Estimates for the fiscal penditures made possible are not otherwise provided f 65
– Authority granted to the Treasury Board to supplement Department for the initiative “Supporting Black Canadi nounced in the Budget of March 19, 2019, including to new grants or for any increase to the amount of a gran the Estimates for the fiscal year, as long as the expendi not otherwise provided for
– Authority granted to the Treasury Board to supplement Department for the initiative “Modernizing the Youth E nounced in the Budget of March 19, 2019, including to new grants or for any increase to the amount of a gran the Estimates for the fiscal year, as long as the expendi not otherwise provided for
– Authority granted to the Treasury Board to supplement Department for the initiative “Supporting Employment tual Disabilities including Autism Spectrum Disorders” get of March 19, 2019, including to allow for the provisi any increase to the amount of a grant that is listed in an fiscal year, as long as the expenditures made possible a ed for
– Authority granted to the Treasury Board to supplement Department for the initiative “Supporting Indigenous P tion”, announced in the Budget of March 19, 2019, inclu vision of new grants or for any increase to the amount any of the Estimates for the fiscal year, as long as the e ble are not otherwise provided for
– Authority granted to the Treasury Board to supplement Department for the initiative “Participation of Social Pu the Social Finance Market”, announced in the Budget o ing to allow for the provision of new grants or for any i a grant that is listed in any of the Estimates for the fisca penditures made possible are not otherwise provided f DEPARTMENT OF FINANCE Ministère des Finances
– Program expenditures – Contributions
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela incurs in that fiscal year — revenues that it receives in t provision of internal support services under section 29.
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 5
– Pursuant to subsection 8(2) of the Bretton Woods and R the amount of financial assistance provided by the Min direct payments to the International Development Asso ceed $441,620,000 in the fiscal year 2019–20
– Authority granted to the Treasury Board to supplement Department for the initiative “Introducing a Financial C Canada Governance Council”, announced in the Budge cluding to allow for the provision of new grants or for a amount of a grant that is listed in any of the Estimates as the expenditures made possible are not otherwise p
– Authority granted to the Treasury Board to supplement Department for the initiative “Protecting Canadians’ Pe
2015-2016-2017-2018-2019
Chapter 21: Appropriation Act No. 2, 2019–20 SCHEDULE 1
Vote No.
Items
the Budget of March 19, 2019, including to allow for the or for any increase to the amount of a grant that is liste for the fiscal year, as long as the expenditures made po provided for 20
– Authority granted to the Treasury Board to supplement Department for the initiative “Strengthening Canadaʼs A and Anti-Terrorist Financing Regime”, announced in th 2019, including to allow for the provision of new grants amount of a grant that is listed in any of the Estimates as the expenditures made possible are not otherwise p DEPARTMENT OF FISHERIES AND OCEANS Ministère des Pêches et des Océans
– Operating expenditures
– Canada’s share of expenses of the international fisherie – Authority to provide free office accommodation for the commissions
– Authority to make recoverable advances in the amounts ternational fisheries commissions of joint cost projects
– Authority to make recoverable advances for transportat er shipping services performed for individuals, outside ernments in the course of, or arising out of, the exercis tion, including aids to navigation and shipping
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal (a) in the course of, or arising from, the activities of Guard; and
(b) from the provision of internal support services u Act
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 5
– Capital expenditures
– Authority to make payments to provinces, municipalitie thorities as contributions towards construction done by – Authority for the purchase and disposal of commercial 10
– The grants listed in any of the Estimates for the fiscal ye – Contributions
– Authority granted to the Treasury Board to supplement Department for the initiative “Canadaʼs Marine Safety R the Budget of March 19, 2019, including to allow for the or for any increase to the amount of a grant that is liste for the fiscal year, as long as the expenditures made po provided for
– Authority granted to the Treasury Board to supplement Department for the initiative “Fisheries and Oceans Can ciliation”, announced in the Budget of March 19, 2019, provision of new grants or for any increase to the amou in any of the Estimates for the fiscal year, as long as the sible are not otherwise provided for
DEPARTMENT OF FOREIGN AFFAIRS, TRADE AND DEVEL Ministère des Affaires étrangères, du Commerce et du
2015-2016-2017-2018-2019
Chapter 21: Appropriation Act No. 2, 2019–20 SCHEDULE 1
Vote No. 1
Items
– Operating expenditures, including those related to the a representatives abroad, to the staff of those representa ment of Canadians to the staffs of international organiz
– Authority to make recoverable advances to internationa amounts not exceeding the amounts of the shares of th
– Expenditures in respect of the provision of office accom tional Civil Aviation Organization
– Authority to make recoverable expenditures for assistan distressed Canadian citizens and Canadian residents w their dependants
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela incurs in that fiscal year — revenues that it receives in t (a) trade and education fairs; (b) departmental publications; and (c) the following services:
(i) training services provided by the Canadian Fo
(ii) trade missions and other international busine (iii) investment development services, (iv) international telecommunication services,
(v) other services provided abroad to other depa Crown corporations and non-federal organization (vi) specialized consular services
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 5
– Capital expenditures
– The grants listed in any of the Estimates for the fiscal ye
– Contributions, including payments for other specified p sion of goods and services for (a) the promotion of trade and investment; and
(b) international humanitarian assistance and assist national security, international development and glo 15
– Payments made
(a) in respect of pension, insurance and social secur rangements for employees locally engaged outside
(b) in respect of the administration of such program cluding premiums, contributions, benefit payments, tures made in respect of such employees and for an Treasury Board determines 20
– Pursuant to subsection 12(2) of the International Develo tions) Assistance Act, the amount of financial assistanc ter of Foreign Affairs, in consultation with the Minister rect payments for the purpose of contributions to the in tutions may not exceed $232,491,748 in the fiscal year 2
L25
– Pursuant to subsection 12(2) of the International Develo tions) Assistance Act, the amount of financial assistanc ter of Foreign Affairs, in consultation with the Minister purchase of shares of international financial institutions ceed $11,713,307 in United States dollars in the fiscal y amount is estimated in Canadian dollars at $17,000,000
2015-2016-2017-2018-2019
Chapter 21: Appropriation Act No. 2, 2019–20 SCHEDULE 1
Vote No.
Items
– Authority granted to the Treasury Board to supplement Department for the initiative “Administration of new fre sures and steel safeguards”, announced in the Budget ing to allow for the provision of new grants or for any i a grant that is listed in any of the Estimates for the fisca penditures made possible are not otherwise provided f
– Authority granted to the Treasury Board to supplement Department for the initiative “Protecting Canada’s Nati nounced in the Budget of March 19, 2019, including to new grants or for any increase to the amount of a gran the Estimates for the fiscal year, as long as the expendi not otherwise provided for
– Authority granted to the Treasury Board to supplement Department for the initiative “Protecting Democracy”, a of March 19, 2019, including to allow for the provision o increase to the amount of a grant that is listed in any of fiscal year, as long as the expenditures made possible a ed for
– Authority granted to the Treasury Board to supplement Department for the initiative “Renewing Canadaʼs Midd nounced in the Budget of March 19, 2019, including to new grants or for any increase to the amount of a gran the Estimates for the fiscal year, as long as the expendi not otherwise provided for
– Authority granted to the Treasury Board to supplement Department for the initiative “Enhancing Canadaʼs Glob nounced in the Budget of March 19, 2019, including to new grants or for any increase to the amount of a gran the Estimates for the fiscal year, as long as the expendi not otherwise provided for DEPARTMENT OF HEALTH Ministère de la Santé
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal
(a) the provision of services or the sale of products r being and to regulatory activities; and
(b) the provision of internal support services under s
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 5
– Capital expenditures
– The grants listed in any of the Estimates for the fiscal ye
– Contributions, in the form of monetary payments or the services 15
– Authority granted to the Treasury Board to supplement Department for the initiative “Bringing Innovation to Re the Budget of March 19, 2019, including to allow for the or for any increase to the amount of a grant that is liste for the fiscal year, as long as the expenditures made po provided for
– Authority granted to the Treasury Board to supplement Department for the initiative “Enhancing the Federal Re sis in Canada”, announced in the Budget of March 19, 2
2015-2016-2017-2018-2019
Chapter 21: Appropriation Act No. 2, 2019–20 SCHEDULE 1
Vote No.
Items
for the provision of new grants or for any increase to th is listed in any of the Estimates for the fiscal year, as lo made possible are not otherwise provided for 25
– Authority granted to the Treasury Board to supplement Department for the initiative “Introducing the Canadian nounced in the Budget of March 19, 2019, including to new grants or for any increase to the amount of a gran the Estimates for the fiscal year, as long as the expendi not otherwise provided for
– Authority granted to the Treasury Board to supplement Department for the initiative “Ovarian Cancer Canada” get of March 19, 2019, including to allow for the provisi any increase to the amount of a grant that is listed in an fiscal year, as long as the expenditures made possible a ed for
– Authority granted to the Treasury Board to supplement Department for the initiative “Protecting Against Bovin cephalopathy in Canada”, announced in the Budget of to allow for the provision of new grants or for any incre grant that is listed in any of the Estimates for the fiscal penditures made possible are not otherwise provided f
– Authority granted to the Treasury Board to supplement Department for the initiative “Supporting a Safe and N proach to Plasma Donation”, announced in the Budget cluding to allow for the provision of new grants or for a amount of a grant that is listed in any of the Estimates as the expenditures made possible are not otherwise p
– Authority granted to the Treasury Board to supplement Department for the initiative “Terry Fox Research Instit Budget of March 19, 2019, including to allow for the pro for any increase to the amount of a grant that is listed i the fiscal year, as long as the expenditures made possi vided for
– Authority granted to the Treasury Board to supplement Department for the initiative “Creating a Pan-Canadian nation and Transplantation”, announced in the Budget ing to allow for the provision of new grants or for any i a grant that is listed in any of the Estimates for the fisca penditures made possible are not otherwise provided f
DEPARTMENT OF INDIAN AFFAIRS AND NORTHERN DEV Ministère des Affaires indiennes et du Nord canadien 1
– Operating expenditures – Expenditures on works, buildings and equipment
– Authority to make expenditures — recoverable or other formed on property that is not federal property and on spect of that property
– Authority to provide, in respect of Indian and Inuit econ ties, for the capacity development for Indians and Inuit terials and equipment – Authority to sell electric power to private consumers in alternative local sources of supply are not available, in and conditions approved by the Governor in Council
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela incurs in that fiscal year — revenues that it receives in t provision of internal support services under section 29.
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat
2015-2016-2017-2018-2019
Chapter 21: Appropriation Act No. 2, 2019–20 SCHEDULE 1
Vote No.
Items
a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 5
– Capital expenditures – Expenditures on buildings, works, land and equipment ownership of which
(a) may be transferred to provincial governments on approved by the Governor in Council; or
(b) may be transferred to Indian bands, groups of In ans at the discretion of the Minister of Indian Affairs ment – Expenditures on buildings, works, land and equipment federal property
– Authority to make recoverable expenditures on roads a amounts not exceeding the shares of provincial govern 10
– The grants listed in any of the Estimates for the fiscal ye – Contributions
L15
– Loans to Indigenous claimants in accordance with term proved by the Governor in Council for the purpose of d research, development and negotiation of claims
L20
– Loans to First Nations in British Columbia for the purpo participation in the British Columbia Treaty Commissio
– Authority granted to the Treasury Board to supplement Department for the initiative “Advancing Reconciliation Claims”, announced in the Budget of March 19, 2019, in provision of new grants or for any increase to the amou in any of the Estimates for the fiscal year, as long as the sible are not otherwise provided for
– Authority granted to the Treasury Board to supplement Department for the initiative “Enhancing Indigenous Co Support”, announced in the Budget of March 19, 2019, provision of new grants or for any increase to the amou in any of the Estimates for the fiscal year, as long as the sible are not otherwise provided for
– Authority granted to the Treasury Board to supplement Department for the initiative “Honouring Missing Resid announced in the Budget of March 19, 2019, including t of new grants or for any increase to the amount of a gr the Estimates for the fiscal year, as long as the expendi not otherwise provided for
– Authority granted to the Treasury Board to supplement Department for the initiative “Indigenous Youth and Re in the Budget of March 19, 2019, including to allow for grants or for any increase to the amount of a grant that timates for the fiscal year, as long as the expenditures m otherwise provided for
– Authority granted to the Treasury Board to supplement Department for the initiative “More Connectivity = Mor announced in the Budget of March 19, 2019, including t of new grants or for any increase to the amount of a gr the Estimates for the fiscal year, as long as the expendi not otherwise provided for
– Authority granted to the Treasury Board to supplement Department for the initiative “Supporting Indigenous B announced in the Budget of March 19, 2019, including t of new grants or for any increase to the amount of a gr the Estimates for the fiscal year, as long as the expendi not otherwise provided for
2015-2016-2017-2018-2019
Chapter 21: Appropriation Act No. 2, 2019–20 SCHEDULE 1
Vote No. 55
Items
– Authority granted to the Treasury Board to supplement Department for the initiative “Strong Arctic and Northe nounced in the Budget of March 19, 2019, including to new grants or for any increase to the amount of a gran the Estimates for the fiscal year, as long as the expendi not otherwise provided for DEPARTMENT OF INDIGENOUS SERVICES CANADA Ministère des Services aux Autochtones Canada
– Operating expenditures – Expenditures on works, buildings and equipment
– Authority to make expenditures — recoverable or other formed on property that is not federal property and on spect of that property
– Authority to provide, in respect of Indian and Inuit econ ties, for the capacity development for Indians and Inuit terials and equipment – Authority to sell electric power to private consumers in alternative local sources of supply are not available, in and conditions approved by the Governor in Council
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela incurs in that fiscal year — revenues that it receives in t
(a) the provision of services or the sale of products r tion and medical services; and
(b) the provision of internal support services under s
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 5
– Capital expenditures – Expenditures on buildings, works, land and equipment ownership of which
(a) may be transferred to provincial governments on approved by the Governor in Council; or
(b) may be transferred to Indian bands, groups of In ans at the discretion of the Minister of State styled M Services – Expenditures on buildings, works, land and equipment federal property
– Authority to make recoverable expenditures on roads a amounts not exceeding the shares of provincial govern 10
– The grants listed in any of the Estimates for the fiscal ye
– Contributions, in the form of monetary payments or the services 15
– Authority granted to the Treasury Board to supplement Department for the initiative “Better Information for Be in the Budget of March 19, 2019, including to allow for grants or for any increase to the amount of a grant that timates for the fiscal year, as long as the expenditures m otherwise provided for
– Authority granted to the Treasury Board to supplement Department for the initiative “Continuing Implementati announced in the Budget of March 19, 2019, including t of new grants or for any increase to the amount of a gr
2015-2016-2017-2018-2019
Chapter 21: Appropriation Act No. 2, 2019–20 SCHEDULE 1
Vote No.
Items
the Estimates for the fiscal year, as long as the expendi not otherwise provided for 25
– Authority granted to the Treasury Board to supplement Department for the initiative “Core Governance Suppor nounced in the Budget of March 19, 2019, including to new grants or for any increase to the amount of a gran the Estimates for the fiscal year, as long as the expendi not otherwise provided for
– Authority granted to the Treasury Board to supplement Department for the initiative “Ensuring Better Disaster and Response”, announced in the Budget of March 19, for the provision of new grants or for any increase to th is listed in any of the Estimates for the fiscal year, as lo made possible are not otherwise provided for
– Authority granted to the Treasury Board to supplement Department for the initiative “On Track to Eliminate Bo Reserve”, announced in the Budget of March 19, 2019, provision of new grants or for any increase to the amou in any of the Estimates for the fiscal year, as long as the sible are not otherwise provided for
– Authority granted to the Treasury Board to supplement Department for the initiative “Improving Assisted Livin announced in the Budget of March 19, 2019, including t of new grants or for any increase to the amount of a gr the Estimates for the fiscal year, as long as the expendi not otherwise provided for
– Authority granted to the Treasury Board to supplement Department for the initiative “Improving Emergency Re nounced in the Budget of March 19, 2019, including to new grants or for any increase to the amount of a gran the Estimates for the fiscal year, as long as the expendi not otherwise provided for
– Authority granted to the Treasury Board to supplement Department for the initiative “Safe and Accessible Spac Peoples”, announced in the Budget of March 19, 2019, provision of new grants or for any increase to the amou in any of the Estimates for the fiscal year, as long as the sible are not otherwise provided for
– Authority granted to the Treasury Board to supplement Department for the initiative “Supporting Indigenous P tion”, announced in the Budget of March 19, 2019, inclu vision of new grants or for any increase to the amount any of the Estimates for the fiscal year, as long as the e ble are not otherwise provided for
– Authority granted to the Treasury Board to supplement Department for the initiative “Supporting Inuit Children get of March 19, 2019, including to allow for the provisi any increase to the amount of a grant that is listed in an fiscal year, as long as the expenditures made possible a ed for
– Authority granted to the Treasury Board to supplement Department for the initiative “Supporting the National Strategy”, announced in the Budget of March 19, 2019, provision of new grants or for any increase to the amou in any of the Estimates for the fiscal year, as long as the sible are not otherwise provided for DEPARTMENT OF INDUSTRY Ministère de l’Industrie
– Operating expenditures
2015-2016-2017-2018-2019
Chapter 21: Appropriation Act No. 2, 2019–20 SCHEDULE 1
Vote No.
Items
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal
(a) the provision of internal support services under s and the provision of internal support services to the Property Office;
(b) activities and operations related to communicati munications Research Centre;
(c) services and insolvency processes under the Ban Act at the Office of the Superintendent of Bankruptc
(d) activities and operations carried out by Corporat Canada Business Corporations Act, the Boards of Tr operatives Act and the Canada Not-for-profit Corpor
(e) services and regulatory processes for mergers an ters, including pre-merger notifications, advance rul ten opinions, under the Competition Act at the Com
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 5 10
– Capital expenditures
– The grants listed in any of the Estimates for the fiscal ye – Contributions
L15
– Payments under subsection 14(2) of the Department of
L20
– Loans under paragraph 14(1)(a) of the Department of In
– Authority granted to the Treasury Board to supplement Department for the initiative “Access to High-Speed Int announced in the Budget of March 19, 2019, including t of new grants or for any increase to the amount of a gr the Estimates for the fiscal year, as long as the expendi not otherwise provided for
– Authority granted to the Treasury Board to supplement Department for the initiative “Giving Young Canadians nounced in the Budget of March 19, 2019, including to new grants or for any increase to the amount of a gran the Estimates for the fiscal year, as long as the expendi not otherwise provided for
– Authority granted to the Treasury Board to supplement Department for the initiative “Preparing for a New Gen nology”, announced in the Budget of March 19, 2019, in provision of new grants or for any increase to the amou in any of the Estimates for the fiscal year, as long as the sible are not otherwise provided for
– Authority granted to the Treasury Board to supplement Department for the initiative “Protecting Canadaʼs Critic ber Threats”, announced in the Budget of March 19, 20 the provision of new grants or for any increase to the a listed in any of the Estimates for the fiscal year, as long made possible are not otherwise provided for
– Authority granted to the Treasury Board to supplement Department for the initiative “Protecting Canada’s Nati nounced in the Budget of March 19, 2019, including to new grants or for any increase to the amount of a gran the Estimates for the fiscal year, as long as the expendi not otherwise provided for
– Authority granted to the Treasury Board to supplement Department for the initiative “Supporting Innovation in
2015-2016-2017-2018-2019
Chapter 21: Appropriation Act No. 2, 2019–20 SCHEDULE 1
Vote No.
Items
Through Collaboration”, announced in the Budget of M to allow for the provision of new grants or for any incre grant that is listed in any of the Estimates for the fiscal penditures made possible are not otherwise provided f 55
– Authority granted to the Treasury Board to supplement Department for the initiative “Supporting Renewed Leg digenous Peoples”, announced in the Budget of March low for the provision of new grants or for any increase that is listed in any of the Estimates for the fiscal year, a tures made possible are not otherwise provided for
– Authority granted to the Treasury Board to supplement Department for the initiative “Supporting the Next Gen trepreneurs”, announced in the Budget of March 19, 20 the provision of new grants or for any increase to the a listed in any of the Estimates for the fiscal year, as long made possible are not otherwise provided for
– Authority granted to the Treasury Board to supplement Department for the initiative “Supporting the work of th cation Roundtable”, announced in the Budget of March low for the provision of new grants or for any increase that is listed in any of the Estimates for the fiscal year, a tures made possible are not otherwise provided for
– Authority granted to the Treasury Board to supplement Department for the initiative “Launching a Federal Stra Tourism (FedNor)”, announced in the Budget of March low for the provision of new grants or for any increase that is listed in any of the Estimates for the fiscal year, a tures made possible are not otherwise provided for DEPARTMENT OF JUSTICE Ministère de la Justice
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal
(a) the provision of mandatory legal services to fede agencies;
(b) the provision to Crown corporations, non-federa national organizations of optional legal services tha Department’s mandate; and
(c) the provision of internal support services under s
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 5
– The grants listed in any of the Estimates for the fiscal ye – Contributions
– Authority granted to the Treasury Board to supplement Department for the initiative “Bringing Innovation to Re the Budget of March 19, 2019, including to allow for the or for any increase to the amount of a grant that is liste for the fiscal year, as long as the expenditures made po provided for
– Authority granted to the Treasury Board to supplement Department for the initiative “Enhancing the Integrity o Asylum System”, announced in the Budget of March 19 for the provision of new grants or for any increase to th
2015-2016-2017-2018-2019
Chapter 21: Appropriation Act No. 2, 2019–20 SCHEDULE 1
Vote No.
Items
is listed in any of the Estimates for the fiscal year, as lo made possible are not otherwise provided for 20
– Authority granted to the Treasury Board to supplement Department for the initiative “Giving Canadians Better ucation and Information”, announced in the Budget of to allow for the provision of new grants or for any incre grant that is listed in any of the Estimates for the fiscal penditures made possible are not otherwise provided f
– Authority granted to the Treasury Board to supplement Department for the initiative “Supporting Renewed Leg digenous Peoples”, announced in the Budget of March low for the provision of new grants or for any increase that is listed in any of the Estimates for the fiscal year, a tures made possible are not otherwise provided for DEPARTMENT OF NATIONAL DEFENCE Ministère de la Défense nationale
– Operating expenditures
– Authority for total commitments, subject to allotment b of $32,283,582,335 for the purposes of Votes 1, 5 and 10 gardless of the year in which the payment of those com which it is estimated that $12,140,735,346 will come du years)
– Authority, subject to the direction of the Treasury Board penditures or advances in respect of materials supplied formed on behalf of, individuals, corporations, outside departments and agencies and other governments – Payments
(a) in respect of pension, insurance and social secur rangements for employees locally engaged outside
(b) in respect of the administration of such program cluding premiums, contributions, benefit payments, tures made in respect of such employees and for an Treasury Board determines
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela incurs in that fiscal year — revenues that it receives in t from the provision of internal support services under se
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 5
– Capital expenditures
– The grants listed in any of the Estimates for the fiscal ye which grants and contributions may include
(a) monetary payments or, in lieu of payment made (i) the provision of goods or services, or (ii) the provision of the use of facilities; and
(b) the contributions that may be approved by the G cordance with section 3 of The Defence Appropriatio
(i) for the provision or transfer of defence equipm
(ii) for the provision of services for defence purpo
(iii) for the provision or transfer of supplies or fac poses
2015-2016-2017-2018-2019
Chapter 21: Appropriation Act No. 2, 2019–20 SCHEDULE 1
Vote No. 15
Items – Payments
(a) in respect of insurance and benefit programs or o members of the Regular Force and the Reserve Forc and
(b) in respect of the administration of such program cluding premiums, contributions, benefit payments, tures made in respect of such members and for any Treasury Board determines 20
– Authority granted to the Treasury Board to supplement Department for the initiative “Protecting Canada’s Nati nounced in the Budget of March 19, 2019, including to new grants or for any increase to the amount of a gran the Estimates for the fiscal year, as long as the expendi not otherwise provided for
– Authority granted to the Treasury Board to supplement Department for the initiative “Renewing Canadaʼs Midd nounced in the Budget of March 19, 2019, including to new grants or for any increase to the amount of a gran the Estimates for the fiscal year, as long as the expendi not otherwise provided for
– Authority granted to the Treasury Board to supplement Department for the initiative “Supporting Veterans as T Service Life”, announced in the Budget of March 19, 20 the provision of new grants or for any increase to the a listed in any of the Estimates for the fiscal year, as long made possible are not otherwise provided for
– Authority granted to the Treasury Board to supplement Department for the initiative “Reinforcing Canadaʼs Sup nounced in the Budget of March 19, 2019, including to new grants or for any increase to the amount of a gran the Estimates for the fiscal year, as long as the expendi not otherwise provided for DEPARTMENT OF NATURAL RESOURCES Ministère des Ressources naturelles
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal (a) the sale of forestry and information products;
(b) the issue of licences, permits and certificates und the Explosives Regulations, 2013;
(c) training and certification activities related to the A ferred to in paragraph (b);
(d) research, consultation, testing, analysis and adm research products as part of the departmental opera
(e) the provision of internal support services under s cial Administration Act
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 5 10
– Capital expenditures
– The grants listed in any of the Estimates for the fiscal ye – Contributions
2015-2016-2017-2018-2019
Chapter 21: Appropriation Act No. 2, 2019–20 SCHEDULE 1
Vote No.
Items
– Authority granted to the Treasury Board to supplement Department for the initiative “Encouraging Canadians t hicles”, announced in the Budget of March 19, 2019, in provision of new grants or for any increase to the amou in any of the Estimates for the fiscal year, as long as the sible are not otherwise provided for
– Authority granted to the Treasury Board to supplement Department for the initiative “Engaging Indigenous Com source Projects”, announced in the Budget of March 19 for the provision of new grants or for any increase to th is listed in any of the Estimates for the fiscal year, as lo made possible are not otherwise provided for
– Authority granted to the Treasury Board to supplement Department for the initiative “Ensuring Better Disaster and Response”, announced in the Budget of March 19, for the provision of new grants or for any increase to th is listed in any of the Estimates for the fiscal year, as lo made possible are not otherwise provided for
– Authority granted to the Treasury Board to supplement Department for the initiative “Improving Canadian Ene nounced in the Budget of March 19, 2019, including to new grants or for any increase to the amount of a gran the Estimates for the fiscal year, as long as the expendi not otherwise provided for
– Authority granted to the Treasury Board to supplement Department for the initiative “Protecting Canadaʼs Critic ber Threats”, announced in the Budget of March 19, 20 the provision of new grants or for any increase to the a listed in any of the Estimates for the fiscal year, as long made possible are not otherwise provided for
– Authority granted to the Treasury Board to supplement Department for the initiative “Strong Arctic and Northe nounced in the Budget of March 19, 2019, including to new grants or for any increase to the amount of a gran the Estimates for the fiscal year, as long as the expendi not otherwise provided for
DEPARTMENT OF PUBLIC SAFETY AND EMERGENCY PRE Ministère de la Sécurité publique et de la Protection civ 1
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela incurs in that fiscal year — revenues that it receives in t from the provision of internal support services under se
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 5
– The grants listed in any of the Estimates for the fiscal ye – Contributions
– Authority granted to the Treasury Board to supplement Department for the initiative “Ensuring Better Disaster and Response”, announced in the Budget of March 19, for the provision of new grants or for any increase to th is listed in any of the Estimates for the fiscal year, as lo made possible are not otherwise provided for
– Authority granted to the Treasury Board to supplement Department for the initiative “Protecting Canadaʼs Critic ber Threats”, announced in the Budget of March 19, 20
2015-2016-2017-2018-2019
Chapter 21: Appropriation Act No. 2, 2019–20 SCHEDULE 1
Vote No.
Items
the provision of new grants or for any increase to the a listed in any of the Estimates for the fiscal year, as long made possible are not otherwise provided for 20
– Authority granted to the Treasury Board to supplement Department for the initiative “Protecting Canada’s Nati nounced in the Budget of March 19, 2019, including to new grants or for any increase to the amount of a gran the Estimates for the fiscal year, as long as the expendi not otherwise provided for
– Authority granted to the Treasury Board to supplement Department for the initiative “Protecting Children from line”, announced in the Budget of March 19, 2019, inclu vision of new grants or for any increase to the amount any of the Estimates for the fiscal year, as long as the e ble are not otherwise provided for
– Authority granted to the Treasury Board to supplement Department for the initiative “Protecting Community G Motivated Crimes”, announced in the Budget of March low for the provision of new grants or for any increase that is listed in any of the Estimates for the fiscal year, a tures made possible are not otherwise provided for
– Authority granted to the Treasury Board to supplement Department for the initiative “Strengthening Canadaʼs A and Anti-Terrorist Financing Regime”, announced in th 2019, including to allow for the provision of new grants amount of a grant that is listed in any of the Estimates as the expenditures made possible are not otherwise p
DEPARTMENT OF PUBLIC WORKS AND GOVERNMENT S Ministère des Travaux publics et des Services gouverne 1
– Operating expenditures for the provision of accommod tral services
– Authority to make recoverable expenditures in relation Canada Pension Plan, the Employment Insurance Act a Management Act
– Authority to expend revenues that it receives during the the provision of accommodation, common and central
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal provision of internal support services under section 29.
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 5
– Capital expenditures including expenditures on works o ty
– Authority to reimburse lessees of federal real property o improvements authorized by the Minister of Public Wo vices 10
– Authority granted to the Treasury Board to supplement Department for the initiative “Cost and Profit Assuranc in the Budget of March 19, 2019, including to allow for grants or for any increase to the amount of a grant that timates for the fiscal year, as long as the expenditures m otherwise provided for
– Authority granted to the Treasury Board to supplement Department for the initiative “Ensuring Proper Paymen
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Vote No.
Items
announced in the Budget of March 19, 2019, including t of new grants or for any increase to the amount of a gr the Estimates for the fiscal year, as long as the expendi not otherwise provided for 20
– Authority granted to the Treasury Board to supplement Department for the initiative “Improving Crossings in C announced in the Budget of March 19, 2019, including t of new grants or for any increase to the amount of a gr the Estimates for the fiscal year, as long as the expendi not otherwise provided for
– Authority granted to the Treasury Board to supplement Department for the initiative “Industrial Security System Project”, announced in the Budget of March 19, 2019, in provision of new grants or for any increase to the amou in any of the Estimates for the fiscal year, as long as the sible are not otherwise provided for
– Authority granted to the Treasury Board to supplement Department for the initiative “Maintaining Service Leve Goods Program”, announced in the Budget of March 1 for the provision of new grants or for any increase to th is listed in any of the Estimates for the fiscal year, as lo made possible are not otherwise provided for
– Authority granted to the Treasury Board to supplement Department for the initiative “Predictable Capital Fundi Budget of March 19, 2019, including to allow for the pro for any increase to the amount of a grant that is listed i the fiscal year, as long as the expenditures made possi vided for
– Authority granted to the Treasury Board to supplement Department for the initiative “Real Property Repairs an nounced in the Budget of March 19, 2019, including to new grants or for any increase to the amount of a gran the Estimates for the fiscal year, as long as the expendi not otherwise provided for DEPARTMENT OF THE ENVIRONMENT Ministère de l’Environnement
– Operating expenditures
– Authority for the Minister of the Environment to engage by different Boards at the remuneration that those Boa
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela incurs in that fiscal year — revenues that it receives in t provision of internal support services under section 29. provision of services, the sale of information products, fees, the granting of leases or the issuance of licenses o including (a) research, analysis and scientific services; (b) hydrometric surveys; (c) regulatory services;
(d) monitoring services, including monitoring servic sands;
(e) fees for entry to federal real property or federal i (f) permits; and
(g) services in respect of federal real property or fed ing the granting of surface leases to oil and gas com of licences for grazing
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– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 5
– Capital expenditures
– Authority to make payments to provinces and municipa wards construction done by those bodies
– Authority to make recoverable advances not exceeding of provincial and outside agencies of the cost of joint p tures on other than federal property 10
– The grants listed in any of the Estimates for the fiscal ye
– Contributions, including ones to developing countries b Fund for the Implementation of the Montreal Protocol t tary payments or the provision of goods, equipment or 15
– Authority granted to the Treasury Board to supplement Department for the initiative “Canadaʼs Marine Safety R the Budget of March 19, 2019, including to allow for the or for any increase to the amount of a grant that is liste for the fiscal year, as long as the expenditures made po provided for
– Authority granted to the Treasury Board to supplement Department for the initiative “Ensuring Better Disaster and Response”, announced in the Budget of March 19, for the provision of new grants or for any increase to th is listed in any of the Estimates for the fiscal year, as lo made possible are not otherwise provided for
– Authority granted to the Treasury Board to supplement Department for the initiative “Implementing a Federal C announced in the Budget of March 19, 2019, including t of new grants or for any increase to the amount of a gr the Estimates for the fiscal year, as long as the expendi not otherwise provided for
– Authority granted to the Treasury Board to supplement Department for the initiative “Strong Arctic and Northe nounced in the Budget of March 19, 2019, including to new grants or for any increase to the amount of a gran the Estimates for the fiscal year, as long as the expendi not otherwise provided for DEPARTMENT OF TRANSPORT Ministère des Transports
– Operating expenditures
– Authority to make expenditures on other than federal p or arising out of the exercise of jurisdiction in, aeronau – Authority for the payment of commissions for revenue nautics Act
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal provision of internal support services under section 29.
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 5
– Capital expenditures
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Vote No. 10
Items
Grants and contributions – Efficient Transportation System
– The grants listed in any of the Estimates for the fiscal ye – Contributions 15
Grants and contributions – Green and Innovative Transpor
– The grants listed in any of the Estimates for the fiscal ye – Contributions 20
Grants and contributions – Safe and Secure Transportation
– The grants listed in any of the Estimates for the fiscal ye – Contributions 25
– Authority granted to the Treasury Board to supplement Department for the initiative “Bringing Innovation to Re the Budget of March 19, 2019, including to allow for the or for any increase to the amount of a grant that is liste for the fiscal year, as long as the expenditures made po provided for
– Authority granted to the Treasury Board to supplement Department for the initiative “Canadaʼs Marine Safety R the Budget of March 19, 2019, including to allow for the or for any increase to the amount of a grant that is liste for the fiscal year, as long as the expenditures made po provided for
– Authority granted to the Treasury Board to supplement Department for the initiative “Delivering Better Service nounced in the Budget of March 19, 2019, including to new grants or for any increase to the amount of a gran the Estimates for the fiscal year, as long as the expendi not otherwise provided for
– Authority granted to the Treasury Board to supplement Department for the initiative “Encouraging Canadians t hicles”, announced in the Budget of March 19, 2019, in provision of new grants or for any increase to the amou in any of the Estimates for the fiscal year, as long as the sible are not otherwise provided for
– Authority granted to the Treasury Board to supplement Department for the initiative “Protecting Canadaʼs Critic ber Threats”, announced in the Budget of March 19, 20 the provision of new grants or for any increase to the a listed in any of the Estimates for the fiscal year, as long made possible are not otherwise provided for
– Authority granted to the Treasury Board to supplement Department for the initiative “Safe and Secure Road an announced in the Budget of March 19, 2019, including t of new grants or for any increase to the amount of a gr the Estimates for the fiscal year, as long as the expendi not otherwise provided for DEPARTMENT OF VETERANS AFFAIRS Ministère des Anciens Combattants
– Operating expenditures
– Expenditures related to the upkeep of real property or im cluding engineering and other investigatory planning e tangible value to the property, payment of taxes, insura
– Expenditures related to, subject to the approval of the G
(a) necessary remedial work on properties construct price contracts and sold under the Veterans’ Land A correct defects for which neither the veteran nor the financially responsible; and
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(b) other work on other properties that is required to terest or right in those properties
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 5
– The grants listed in any of the Estimates for the fiscal ye listed for any grant may be increased or decreased, sub the Treasury Board – Contributions
– Authority granted to the Treasury Board to supplement Department for the initiative “Supporting Veteransʼ Fam Budget of March 19, 2019, including to allow for the pro for any increase to the amount of a grant that is listed i the fiscal year, as long as the expenditures made possi vided for
– Authority granted to the Treasury Board to supplement Department for the initiative “Commemorating Canada in the Budget of March 19, 2019, including to allow for grants or for any increase to the amount of a grant that timates for the fiscal year, as long as the expenditures m otherwise provided for
– Authority granted to the Treasury Board to supplement Department for the initiative “Juno Beach Centre”, ann March 19, 2019, including to allow for the provision of n crease to the amount of a grant that is listed in any of t year, as long as the expenditures made possible are no
– Authority granted to the Treasury Board to supplement Department for the initiative “Recognizing Métis Vetera Budget of March 19, 2019, including to allow for the pro for any increase to the amount of a grant that is listed i the fiscal year, as long as the expenditures made possi vided for
– Authority granted to the Treasury Board to supplement Department for the initiative “Supporting Research on Health”, announced in the Budget of March 19, 2019, in provision of new grants or for any increase to the amou in any of the Estimates for the fiscal year, as long as the sible are not otherwise provided for
– Authority granted to the Treasury Board to supplement Department for the initiative “Supporting Veterans as T Service Life”, announced in the Budget of March 19, 20 the provision of new grants or for any increase to the a listed in any of the Estimates for the fiscal year, as long made possible are not otherwise provided for
DEPARTMENT OF WESTERN ECONOMIC DIVERSIFICATIO Ministère de la Diversification de l’économie de l’Ouest 1
– Operating expenditures
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 5
– The grants listed in any of the Estimates for the fiscal ye – Contributions
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Items
– Authority granted to the Treasury Board to supplement Department for the initiative “Launching a Federal Stra Tourism”, announced in the Budget of March 19, 2019, provision of new grants or for any increase to the amou in any of the Estimates for the fiscal year, as long as the sible are not otherwise provided for
– Authority granted to the Treasury Board to supplement Department for the initiative “Protecting Water and Soi nounced in the Budget of March 19, 2019, including to new grants or for any increase to the amount of a gran the Estimates for the fiscal year, as long as the expendi not otherwise provided for
– Authority granted to the Treasury Board to supplement Department for the initiative “Increased Funding for the Agencies”, announced in the Budget of March 19, 2019 the provision of new grants or for any increase to the a listed in any of the Estimates for the fiscal year, as long made possible are not otherwise provided for
– Authority granted to the Treasury Board to supplement Department for the initiative “Investing in a Diverse and omy”, announced in the Budget of March 19, 2019, incl provision of new grants or for any increase to the amou in any of the Estimates for the fiscal year, as long as the sible are not otherwise provided for
ECONOMIC DEVELOPMENT AGENCY OF CANADA FOR TH Agence de développement économique du Canada pou 1
– Operating expenditures
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 5
– The grants listed in any of the Estimates for the fiscal ye – Contributions
– Authority granted to the Treasury Board to supplement Agency for the initiative “Launching a Federal Strategy announced in the Budget of March 19, 2019, including t of new grants or for any increase to the amount of a gr the Estimates for the fiscal year, as long as the expendi not otherwise provided for
FEDERAL ECONOMIC DEVELOPMENT AGENCY FOR SOUT Agence fédérale de développement économique pour l 1 5
– Operating expenditures
– The grants listed in any of the Estimates for the fiscal ye – Contributions
– Authority granted to the Treasury Board to supplement Agency for the initiative “Launching a Federal Strategy announced in the Budget of March 19, 2019, including t of new grants or for any increase to the amount of a gr the Estimates for the fiscal year, as long as the expendi not otherwise provided for
FINANCIAL TRANSACTIONS AND REPORTS ANALYSIS CE Centre d’analyse des opérations et déclarations financi 1
– Program expenditures
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Chapter 21: Appropriation Act No. 2, 2019–20 SCHEDULE 1
Vote No. 5
Items
– Authority granted to the Treasury Board to supplement Centre for the initiative “Strengthening Canadaʼs Anti-M Anti-Terrorist Financing Regime”, announced in the Bu including to allow for the provision of new grants or fo amount of a grant that is listed in any of the Estimates as the expenditures made possible are not otherwise p HOUSE OF COMMONS Chambre des communes
– Program expenditures, including payments in respect o Members’ constituency offices – Contributions
– Authority to expend revenues that it receives during the its activities IMMIGRATION AND REFUGEE BOARD Commission de l’immigration et du statut de réfugié 1
– Program expenditures
– Authority granted to the Treasury Board to supplement Board for the initiative “Enhancing the Integrity of Cana System”, announced in the Budget of March 19, 2019, i provision of new grants or for any increase to the amou in any of the Estimates for the fiscal year, as long as the sible are not otherwise provided for
INTERNATIONAL DEVELOPMENT RESEARCH CENTRE Centre de recherches pour le développement internatio 1
– Payments to the Centre
INTERNATIONAL JOINT COMMISSION (CANADIAN SECT Commission mixte internationale (section canadienne) 1
– Program expenditures – Expenses of the Canadian Section, including salaries – Expenses of studies, surveys and investigations by the national References – Expenses of the Commission under the Canada-United Quality Agreement INVEST IN CANADA HUB Investir au Canada
– Program expenditures LEADERS’ DEBATES COMMISSION Commission aux débats des chefs
– Program expenditures LIBRARY AND ARCHIVES OF CANADA Bibliothèque et Archives du Canada
– Operating expenditures – Contributions
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela incurs in that fiscal year — revenues that it receives in t
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Items
(a) the provision of access to the collection and the r from the collection; and
(b) the provision of internal support services under s 5
– Capital expenditures LIBRARY OF PARLIAMENT Bibliothèque du Parlement
– Program expenditures
– Authority to expend revenues that it receives in the fisc tivities MARINE ATLANTIC INC. Marine Atlantique S.C.C. 1
– Payments to the corporation in respect of the costs of it – Payments to the corporation for capital expenditures
– Payments to the corporation for transportation services transportation services between Nova Scotia and Newf and related vessels, terminals and infrastructure
MILITARY GRIEVANCES EXTERNAL REVIEW COMMITTEE Comité externe d’examen des griefs militaires 1
– Program expenditures
MILITARY POLICE COMPLAINTS COMMISSION Commission d’examen des plaintes concernant la polic 1
– Program expenditures NATIONAL ARTS CENTRE CORPORATION Société du Centre national des Arts
– Payments to the Corporation for operating expenditures NATIONAL CAPITAL COMMISSION Commission de la capitale nationale
– Payments to the Commission for operating expenditure
– Payments to the Commission for capital expenditures NATIONAL ENERGY BOARD Office national de l’énergie
– Program expenditures – Contributions
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal of internal support services under section 29.2 of that A 5
– Authority granted to the Treasury Board to supplement Board for the initiative “Canadian Energy Regulator Tra nounced in the Budget of March 19, 2019, including to new grants or for any increase to the amount of a gran the Estimates for the fiscal year, as long as the expendi not otherwise provided for
2015-2016-2017-2018-2019
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Items NATIONAL FILM BOARD Office national du film
– Program expenditures NATIONAL GALLERY OF CANADA Musée des beaux-arts du Canada
– Payments to the Gallery for operating and capital expen
– Payments to the Gallery for the acquisition of objects fo ed costs NATIONAL MUSEUM OF SCIENCE AND TECHNOLOGY Musée national des sciences et de la technologie
– Payments to the Museum for operating and capital expe NATIONAL RESEARCH COUNCIL OF CANADA Conseil national de recherches du Canada
– Operating expenditures
– Capital expenditures
– The grants listed in any of the Estimates for the fiscal ye
– Contributions, including the provision of goods and ser Thirty Meter Telescope Observatory
NATURAL SCIENCES AND ENGINEERING RESEARCH COU Conseil de recherches en sciences naturelles et en géni 1
– Operating expenditures
– The grants listed in any of the Estimates for the fiscal ye
– Authority granted to the Treasury Board to supplement Council for the initiative “Paid Parental Leave for Stude nounced in the Budget of March 19, 2019, including to new grants or for any increase to the amount of a gran the Estimates for the fiscal year, as long as the expendi not otherwise provided for
– Authority granted to the Treasury Board to supplement Council for the initiative “Supporting Graduate Student Scholarships”, announced in the Budget of March 19, 2 for the provision of new grants or for any increase to th is listed in any of the Estimates for the fiscal year, as lo made possible are not otherwise provided for NORTHERN PIPELINE AGENCY Administration du pipe-line du Nord
– Program expenditures – Contributions OFFICE OF INFRASTRUCTURE OF CANADA Bureau de l’infrastructure du Canada
– Operating expenditures
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min
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Items
– Capital expenditures
– The grants listed in any of the Estimates for the fiscal ye – Contributions OFFICE OF THE AUDITOR GENERAL Bureau du vérificateur général
– Program expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela incurs in that fiscal year — revenues that it receives in t
(a) the provision of audit professional services to me Council of Legislative Auditors; and
(b) the inquiries conducted under section 11 of the A OFFICE OF THE CHIEF ELECTORAL OFFICER Bureau du directeur général des élections 1
– Program expenditures
OFFICE OF THE COMMISSIONER FOR FEDERAL JUDICIAL Bureau du commissaire à la magistrature fédérale 1
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal of administrative services and judicial training services
– Remuneration, allowances and expenses for judges, inc the Supreme Court of Yukon, the Supreme Court of the and the Nunavut Court of Justice, not provided for by t 5
– Operating expenditures — Canadian Judicial Council
– Authority granted to the Treasury Board to supplement Office for the initiative “Enhancing the Integrity of Cana System”, announced in the Budget of March 19, 2019, i provision of new grants or for any increase to the amou in any of the Estimates for the fiscal year, as long as the sible are not otherwise provided for
– Authority granted to the Treasury Board to supplement Office for the initiative “Supporting Judicial Advisory C nounced in the Budget of March 19, 2019, including to new grants or for any increase to the amount of a gran the Estimates for the fiscal year, as long as the expendi not otherwise provided for OFFICE OF THE COMMISSIONER OF LOBBYING Commissariat au lobbying
– Program expenditures
OFFICE OF THE COMMISSIONER OF OFFICIAL LANGUAGE Commissariat aux langues officielles 1
– Program expenditures
OFFICE OF THE COMMUNICATIONS SECURITY ESTABLIS Bureau du commissaire du Centre de la sécurité des tél 1
– Program expenditures
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Items
OFFICE OF THE CONFLICT OF INTEREST AND ETHICS COM Bureau du commissaire aux conflits d’intérêts et à l’éth 1
– Program expenditures
OFFICE OF THE CORRECTIONAL INVESTIGATOR OF CANA Bureau de l’enquêteur correctionnel du Canada 1
– Program expenditures OFFICE OF THE DIRECTOR OF PUBLIC PROSECUTIONS Bureau du directeur des poursuites pénales
– Program expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal
(a) the provision of prosecution and prosecution-rel
(b) the provision to Crown corporations, non-federa national organizations of optional prosecution and p vices that are consistent with the Office’s mandate;
(c) the provision of internal support services under s 5
– Authority granted to the Treasury Board to supplement Office for the initiative “Supporting the Public Prosecut announced in the Budget of March 19, 2019, including t of new grants or for any increase to the amount of a gr the Estimates for the fiscal year, as long as the expendi not otherwise provided for OFFICE OF THE GOVERNOR GENERAL’S SECRETARY Bureau du sécretaire du gouverneur général
– Program expenditures
– Expenditures incurred for former Governors General, in for their spouses, during their lifetimes and for a period their deaths, in respect of the performance of activities as a result of their having occupied the office of Govern OFFICE OF THE PARLIAMENTARY BUDGET OFFICER Bureau du directeur parlementaire du budget 1
– Program expenditures
OFFICE OF THE PUBLIC SECTOR INTEGRITY COMMISSION Commissariat à l’intégrité du secteur public 1
– Program expenditures – Contributions OFFICE OF THE SENATE ETHICS OFFICER Bureau du conseiller sénatorial en éthique
– Program expenditures
OFFICE OF THE SUPERINTENDENT OF FINANCIAL INSTIT Bureau du surintendant des institutions financières 1
– Program expenditures
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Items
OFFICES OF THE INFORMATION AND PRIVACY COMMISS Commissariats à l’information et à la protection de la v 1
– Program expenditures — Office of the Information Com
– Program expenditures — Office of the Privacy Commiss – Contributions — Office of the Privacy Commissioner
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela incurs in that fiscal year — revenues that it receives in t provision of internal support services under section 29. 10
– Authority granted to the Treasury Board to supplement organization for the initiative “Support for Access to In Information Commissioner of Canada”, announced in t 2019, including to allow for the provision of new grants amount of a grant that is listed in any of the Estimates as the expenditures made possible are not otherwise p
– Authority granted to the Treasury Board to supplement organization for the initiative “Protecting the Privacy of the Privacy Commissioner of Canada”, announced in th 2019, including to allow for the provision of new grants amount of a grant that is listed in any of the Estimates as the expenditures made possible are not otherwise p PARLIAMENTARY PROTECTIVE SERVICE Service de protection parlementaire
– Program expenditures
– Authority to expend revenues that it receives during the its activities
PAROLE BOARD OF CANADA Commission des libérations conditionnelles du Canada 1
– Program expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal of services to process record suspension applications f offences under federal Acts and regulations PATENTED MEDICINE PRICES REVIEW BOARD Conseil d’examen du prix des médicaments brevetés 1
– Program expenditures PRIVY COUNCIL OFFICE Bureau du Conseil privé
– Program expenditures, including
(a) operating expenditures of Commissions of Inqui for;
(b) contributions in respect of costs incurred by pers Commissions of Inquiry; and (c) the operation of the Prime Minister’s residence
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela incurs in that fiscal year — revenues that it receives in t
(a) the provision of intelligence analysis training; an
(b) the provision of internal support services under s
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Chapter 21: Appropriation Act No. 2, 2019–20 SCHEDULE 1
Vote No.
Items
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min PUBLIC HEALTH AGENCY OF CANADA Agence de la santé publique du Canada 1
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal products, the provision of inspection services and the p port services under section 29.2 of that Act 5 10
– Capital expenditures
– The grants listed in any of the Estimates for the fiscal ye – Contributions
– Authority granted to the Treasury Board to supplement Agency for the initiative “Introducing a National Demen in the Budget of March 19, 2019, including to allow for grants or for any increase to the amount of a grant that timates for the fiscal year, as long as the expenditures m otherwise provided for
– Authority granted to the Treasury Board to supplement Agency for the initiative “Protecting Against Bovine Sp in Canada”, announced in the Budget of March 19, 201 the provision of new grants or for any increase to the a listed in any of the Estimates for the fiscal year, as long made possible are not otherwise provided for
– Authority granted to the Treasury Board to supplement Agency for the initiative “Supporting a Pan-Canadian S vice”, announced in the Budget of March 19, 2019, inclu vision of new grants or for any increase to the amount any of the Estimates for the fiscal year, as long as the e ble are not otherwise provided for PUBLIC SERVICE COMMISSION Commission de la fonction publique
– Program expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal of staffing, assessment and counselling services and pr of internal support services under section 29.2 of that A REGISTRAR OF THE SUPREME COURT OF CANADA Registraire de la Cour suprême du Canada 1
– Program expenditures ROYAL CANADIAN MOUNTED POLICE Gendarmerie royale du Canada
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela incurs in that fiscal year — revenues that it receives in t from the provision of internal support services under se
2015-2016-2017-2018-2019
Chapter 21: Appropriation Act No. 2, 2019–20 SCHEDULE 1
Vote No.
Items
– Capital expenditures
– The grants listed in any of the Estimates for the fiscal ye listed for any grant may be increased or decreased, sub the Treasury Board – Contributions
– Authority granted to the Treasury Board to supplement organization for the initiative “Delivering Better Service nounced in the Budget of March 19, 2019, including to new grants or for any increase to the amount of a gran the Estimates for the fiscal year, as long as the expendi not otherwise provided for
– Authority granted to the Treasury Board to supplement organization for the initiative “Enhancing the Integrity o Asylum System”, announced in the Budget of March 19 for the provision of new grants or for any increase to th is listed in any of the Estimates for the fiscal year, as lo made possible are not otherwise provided for
– Authority granted to the Treasury Board to supplement organization for the initiative “Protecting Canada’s Nat nounced in the Budget of March 19, 2019, including to new grants or for any increase to the amount of a gran the Estimates for the fiscal year, as long as the expendi not otherwise provided for
– Authority granted to the Treasury Board to supplement organization for the initiative “Strengthening Canadaʼs and Anti-Terrorist Financing Regime”, announced in th 2019, including to allow for the provision of new grants amount of a grant that is listed in any of the Estimates as the expenditures made possible are not otherwise p
– Authority granted to the Treasury Board to supplement organization for the initiative “Support for the Royal Ca announced in the Budget of March 19, 2019, including t of new grants or for any increase to the amount of a gr the Estimates for the fiscal year, as long as the expendi not otherwise provided for
ROYAL CANADIAN MOUNTED POLICE EXTERNAL REVIEW Comité externe d’examen de la Gendarmerie royale du 1
– Program expenditures
SECRETARIAT OF THE NATIONAL SECURITY AND INTELL PARLIAMENTARIANS Secrétariat du Comité des parlementaires sur la sécurit renseignement 1
– Program expenditures SECURITY INTELLIGENCE REVIEW COMMITTEE Comité de surveillance des activités de renseignement
– Program expenditures SENATE Sénat
– Program expenditures, including payments in respect o Senators’ offices and an allowance in lieu of residence ate – Contributions
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Vote No.
Items
– Authority to expend revenues that it receives during the its activities SHARED SERVICES CANADA Services partagés Canada 1
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year from the provision of information techn Shared Services Canada Act — revenues that it receive the provision of those services 5
– Capital expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset cap incurs in that fiscal year — revenues that it receives in t provision of information technology services under the Act 10
– Authority granted to the Treasury Board to supplement organization for the initiative “Making Federal Governm Accessible”, announced in the Budget of March 19, 201 the provision of new grants or for any increase to the a listed in any of the Estimates for the fiscal year, as long made possible are not otherwise provided for
SOCIAL SCIENCES AND HUMANITIES RESEARCH COUNC Conseil de recherches en sciences humaines 1
– Operating expenditures
– The grants listed in any of the Estimates for the fiscal ye
– Authority granted to the Treasury Board to supplement Council for the initiative “Paid Parental Leave for Stude nounced in the Budget of March 19, 2019, including to new grants or for any increase to the amount of a gran the Estimates for the fiscal year, as long as the expendi not otherwise provided for
– Authority granted to the Treasury Board to supplement Council for the initiative “Supporting Graduate Student Scholarships”, announced in the Budget of March 19, 2 for the provision of new grants or for any increase to th is listed in any of the Estimates for the fiscal year, as lo made possible are not otherwise provided for STANDARDS COUNCIL OF CANADA Conseil canadien des normes
– Payments to the Council that are referred to in paragrap Council of Canada Act STATISTICS CANADA Statistique Canada
– Program expenditures
– The grants listed in any of the Estimates for the fiscal ye
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela incurs in that fiscal year — revenues that it receives in t from the provision of internal support services under se 5
– Authority granted to the Treasury Board to supplement agency for the initiative “Monitoring Purchases of Cana nounced in the Budget of March 19, 2019, including to
2015-2016-2017-2018-2019
Chapter 21: Appropriation Act No. 2, 2019–20 SCHEDULE 1
Vote No.
Items
new grants or for any increase to the amount of a gran the Estimates for the fiscal year, as long as the expendi not otherwise provided for TELEFILM CANADA Téléfilm Canada 1
– Payments to the corporation to be used for the purpose Canada Act THE JACQUES-CARTIER AND CHAMPLAIN BRIDGES INC. Les Ponts Jacques-Cartier et Champlain Inc.
– Payments to the corporation to be applied in payment o ditures over its revenues (exclusive of depreciation on serves) in the operation of the Jacques-Cartier and Cha Champlain Bridge Ice Control Structure, the Melochevil Soeurs Bypass Bridge and the federal sections of the H of the Bonaventure Expressway THE NATIONAL BATTLEFIELDS COMMISSION Commission des champs de bataille nationaux
– Program expenditures TREASURY BOARD SECRETARIAT Secrétariat du Conseil du Trésor
– Program expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal of internal support services under section 29.2 of that A tivities
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 5
Government Contingencies
– Authority granted to the Treasury Board to supplement
– Authority granted to the Treasury Board to provide for m unforeseen expenditures not otherwise provided for – i of new grants and contributions or for increases to the in any of the Estimates for the fiscal year – as long as th within the legal mandate of the departments or other o they are made – Authority to reuse any sums allotted and repaid to this appropriations 10
Government-wide Initiatives
– Authority granted to the Treasury Board to supplement for the fiscal year in support of the implementation of s tiatives in the federal public administration 20
Public Service Insurance
– Payments, in respect of insurance, pension or benefit pr ments, or in respect of the administration of such progr cluding premiums, contributions, benefits, fees and oth respect of the federal public administration, or any part any other persons that the Treasury Board determines
2015-2016-2017-2018-2019
Chapter 21: Appropriation Act No. 2, 2019–20 SCHEDULE 1
Vote No.
Items
– Authority to expend any revenues or other amounts tha insurance, pension or benefit programs or other arrang (a) to offset premiums, contributions, benefits, fees respect of those programs or arrangements; and
(b) to provide for the return to eligible employees of der subsection 96(3) of the Employment Insurance A 25
Operating Budget Carry Forward
– Authority granted to the Treasury Board to supplement for the fiscal year by reason of the operating budget ca vious fiscal year 30
Paylist Requirements
– Authority granted to the Treasury Board to supplement for the fiscal year for
(a) requirements related to parental and maternity a
(b) entitlements on cessation of service or employm
(c) adjustments that have not been provided from V justments, made to terms and conditions of service federal public administration, including the Royal Ca as well as of members of the Canadian Forces 35
Capital Budget Carry Forward
– Authority granted to the Treasury Board to supplement for the fiscal year by reason of the capital budget carry ous fiscal year 45
– Authority granted to the Treasury Board to supplement department for the initiative “Advancing Gender Equal Budget of March 19, 2019, including to allow for the pro for any increase to the amount of a grant that is listed i the fiscal year, as long as the expenditures made possi vided for
– Authority granted to the Treasury Board to supplement department for the initiative “Ensuring Proper Paymen announced in the Budget of March 19, 2019, including t of new grants or for any increase to the amount of a gr the Estimates for the fiscal year, as long as the expendi not otherwise provided for
– Authority granted to the Treasury Board to supplement department for the initiative “Federal Public Service De announced in the Budget of March 19, 2019, including t of new grants or for any increase to the amount of a gr the Estimates for the fiscal year, as long as the expendi not otherwise provided for VETERANS REVIEW AND APPEAL BOARD Tribunal des anciens combattants (révision et appel)
– Program expenditures VIA RAIL CANADA INC. VIA Rail Canada Inc.
– Payments to the corporation in respect of the costs of it – Payments to the corporation for capital expenditures
– Payments to the corporation for the provision of rail pas Canada in accordance with contracts entered into pursu (c)(i) of Transport Vote 52d, Appropriation Act No. 1, 19
2015-2016-2017-2018-2019
Chapter 21: Appropriation Act No. 2, 2019–20 SCHEDULE 1
Vote No.
Items WINDSOR-DETROIT BRIDGE AUTHORITY Autorité du pont Windsor-Détroit
– Payments to the Authority for the discharge of its mand Letters Patent and the Canada-Michigan Crossing Agre
2015-2016-2017-2018-2019
Chapter 21: Appropriation Act No. 2, 2019–20 SCHEDULE 1 (French)
ANNEXE 1
D’après le Budget principal des dépenses 2019-2020, la somme postes figurant à la présente annexe (119 071 856 785 $), moins le la Loi de crédits no1 pour 2019-2020 (36 076 874 699 $).
Sommes accordées par la présente loi à Sa Majesté pour l’exercice dées. No du crédit
Postes ADMINISTRATION CANADIENNE DE LA SÛRETÉ DU Canadian Air Transport Security Authority
– Paiements à l’Administration pour les dépenses de penses en capital
– Autorisation donnée au Conseil du Trésor d’augme l’Administration, pour l’initiative « Offrir un meilleu du transport aérien », annoncée dans le budget du pour permettre l’octroi de nouvelles subventions o tant de toute subvention prévue dans un budget d cice, dans la mesure où il n’est pas pourvu par aill lant de l’augmentation du crédit ADMINISTRATION DU PIPE-LINE DU NORD Northern Pipeline Agency
– Dépenses du programme – Contributions
AGENCE CANADIENNE DE DÉVELOPPEMENT ÉCONO Canadian Northern Economic Development Agenc 1
– Dépenses de fonctionnement
– Subventions inscrites à tout budget des dépenses p – Contributions
– Autorisation donnée au Conseil du Trésor d’augme lʼAgence, pour l’initiative « Une politique alimentai noncée dans le budget du 19 mars 2019, notamme de nouvelles subventions ou l’augmentation du m prévue dans un budget des dépenses pour l’exerci n’est pas pourvu par ailleurs aux dépenses découl crédit
– Autorisation donnée au Conseil du Trésor d’augme lʼAgence, pour l’initiative « Lancement d’une straté le tourisme », annoncée dans le budget du 19 mars permettre l’octroi de nouvelles subventions ou l’au de toute subvention prévue dans un budget des dé dans la mesure où il n’est pas pourvu par ailleurs a l’augmentation du crédit
– Autorisation donnée au Conseil du Trésor d’augme lʼAgence, pour l’initiative « Des collectivités arctiqu miques », annoncée dans le budget du 19 mars 20 mettre l’octroi de nouvelles subventions ou l’augm toute subvention prévue dans un budget des dépe la mesure où il n’est pas pourvu par ailleurs aux d l’augmentation du crédit
AGENCE CANADIENNE D’ÉVALUATION ENVIRONNE Canadian Environmental Assessment Agency 1
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice
2015-2016-2017-2018-2019
Chapter 21: Appropriation Act No. 2, 2019–20 SCHEDULE 1 (French)
No du crédit
Postes
dépenses engagées au cours de cet exercice, les re celui-ci qui proviennent de ce qui suit :
a) la réalisation d’évaluations environnemental b) la formation; c) la prestation de services de soutien internes cette loi. 5
– Subventions inscrites à tout budget des dépenses p – Contributions
AGENCE CANADIENNE D’INSPECTION DES ALIMENT Canadian Food Inspection Agency 1
– Dépenses de fonctionnement
– Subventions inscrites à tout budget des dépenses p – Contributions 5
– Dépenses en capital
– Autorisation donnée au Conseil du Trésor d’augme lʼAgence, pour l’initiative « Une politique alimentai noncée dans le budget du 19 mars 2019, notamme de nouvelles subventions ou l’augmentation du m prévue dans un budget des dépenses pour l’exerci n’est pas pourvu par ailleurs aux dépenses découl crédit
– Autorisation donnée au Conseil du Trésor d’augme lʼAgence, pour l’initiative « Intégrer l’innovation à l cée dans le budget du 19 mars 2019, notamment p nouvelles subventions ou l’augmentation du mont prévue dans un budget des dépenses pour l’exerci n’est pas pourvu par ailleurs aux dépenses découl crédit
– Autorisation donnée au Conseil du Trésor d’augme lʼAgence, pour l’initiative « Assurance d’un accès c cains des produits de viande canadiens », annoncé mars 2019, notamment pour permettre l’octroi de l’augmentation du montant de toute subvention pr dépenses pour l’exercice, dans la mesure où il n’es aux dépenses découlant de l’augmentation du créd
– Autorisation donnée au Conseil du Trésor d’augme lʼAgence, pour l’initiative « Protection contre l’encé bovine au Canada », annoncée dans le budget du 1 pour permettre l’octroi de nouvelles subventions o tant de toute subvention prévue dans un budget d cice, dans la mesure où il n’est pas pourvu par aill lant de l’augmentation du crédit
AGENCE DE DÉVELOPPEMENT ÉCONOMIQUE DU CA RÉGIONS DU QUÉBEC Economic Development Agency of Canada for the 1
– Dépenses de fonctionnement
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’ d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un payable annuellement ou au prorata pour toute pé arrondi à la centaine de dollars inférieure en applic Loi sur le Parlement du Canada 5
– Subventions inscrites à tout budget des dépenses p
2015-2016-2017-2018-2019
Chapter 21: Appropriation Act No. 2, 2019–20 SCHEDULE 1 (French)
No du crédit
Postes – Contributions
– Autorisation donnée au Conseil du Trésor d’augme lʼAgence, pour l’initiative « Lancement d’une straté le tourisme », annoncée dans le budget du 19 mars permettre l’octroi de nouvelles subventions ou l’au de toute subvention prévue dans un budget des dé dans la mesure où il n’est pas pourvu par ailleurs a l’augmentation du crédit AGENCE DE LA SANTÉ PUBLIQUE DU CANADA Public Health Agency of Canada
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re celui-ci qui proviennent de la vente de produits, de d’inspection et de la prestation de services de sout l’article 29.2 de cette loi 5 10
– Dépenses en capital
– Subventions inscrites à tout budget des dépenses p – Contributions
– Autorisation donnée au Conseil du Trésor d’augme lʼAgence, pour l’initiative « Introduction d’une strat mence », annoncée dans le budget du 19 mars 201 mettre l’octroi de nouvelles subventions ou l’augm toute subvention prévue dans un budget des dépe la mesure où il n’est pas pourvu par ailleurs aux d l’augmentation du crédit
– Autorisation donnée au Conseil du Trésor d’augme lʼAgence, pour l’initiative « Protection contre l’encé bovine au Canada », annoncée dans le budget du 1 pour permettre l’octroi de nouvelles subventions o tant de toute subvention prévue dans un budget d cice, dans la mesure où il n’est pas pourvu par aill lant de l’augmentation du crédit
– Autorisation donnée au Conseil du Trésor d’augme lʼAgence, pour l’initiative « Appuyer un service pan suicide », annoncée dans le budget du 19 mars 201 mettre l’octroi de nouvelles subventions ou l’augm toute subvention prévue dans un budget des dépe la mesure où il n’est pas pourvu par ailleurs aux d l’augmentation du crédit
AGENCE DE PROMOTION ÉCONOMIQUE DU CANAD Atlantic Canada Opportunities Agency 1
– Dépenses de fonctionnement
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’ d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un payable annuellement ou au prorata pour toute pé arrondi à la centaine de dollars inférieure en applic Loi sur le Parlement du Canada 5
– Subventions inscrites à tout budget des dépenses p – Contributions
– Autorisation donnée au Conseil du Trésor d’augme lʼAgence, pour l’initiative « Lancement d’une straté
2015-2016-2017-2018-2019
Chapter 21: Appropriation Act No. 2, 2019–20 SCHEDULE 1 (French)
No du crédit
Postes
le tourisme », annoncée dans le budget du 19 mars permettre l’octroi de nouvelles subventions ou l’au de toute subvention prévue dans un budget des dé dans la mesure où il n’est pas pourvu par ailleurs a l’augmentation du crédit 15
– Autorisation donnée au Conseil du Trésor d’augme lʼAgence, pour l’initiative « Financement accru pou pement régional » annoncée dans le budget du 19 pour permettre l’octroi de nouvelles subventions o tant de toute subvention prévue dans un budget d cice, dans la mesure où il n’est pas pourvu par aill lant de l’augmentation du crédit
AGENCE DES SERVICES FRONTALIERS DU CANADA Canada Border Services Agency 10
– Autorisation donnée au Conseil du Trésor d’augme lʼAgence, pour l’initiative « Répondre aux défis de annoncée dans le budget du 19 mars 2019, notamm troi de nouvelles subventions ou l’augmentation d vention prévue dans un budget des dépenses pou où il n’est pas pourvu par ailleurs aux dépenses dé du crédit
– Autorisation donnée au Conseil du Trésor d’augme lʼAgence, pour l’initiative « Renforcer la reddition d veillance de lʼAgence des services frontaliers du Ca budget du 19 mars 2019, notamment pour permet subventions ou l’augmentation du montant de tou un budget des dépenses pour l’exercice, dans la m vu par ailleurs aux dépenses découlant de l’augme
– Autorisation donnée au Conseil du Trésor d’augme lʼAgence, pour l’initiative « Accroître l’intégrité des d’octroi de l’asile du Canada », annoncée dans le b notamment pour permettre l’octroi de nouvelles su tion du montant de toute subvention prévue dans pour l’exercice, dans la mesure où il n’est pas pou penses découlant de l’augmentation du crédit
– Autorisation donnée au Conseil du Trésor d’augme lʼAgence, pour l’initiative « Aider les voyageurs à v cée dans le budget du 19 mars 2019, notamment p nouvelles subventions ou l’augmentation du mont prévue dans un budget des dépenses pour l’exerci n’est pas pourvu par ailleurs aux dépenses découl crédit
– Autorisation donnée au Conseil du Trésor d’augme lʼAgence, pour l’initiative « Modernisation des opé Canada », annoncée dans le budget du 19 mars 20 mettre l’octroi de nouvelles subventions ou l’augm toute subvention prévue dans un budget des dépe la mesure où il n’est pas pourvu par ailleurs aux d l’augmentation du crédit
– Autorisation donnée au Conseil du Trésor d’augme lʼAgence, pour l’initiative « Protéger les personnes immigration sans scrupule », annoncée dans le bu tamment pour permettre l’octroi de nouvelles subv du montant de toute subvention prévue dans un b l’exercice, dans la mesure où il n’est pas pourvu p découlant de l’augmentation du crédit AGENCE DU REVENU DU CANADA Canada Revenue Agency
– Autorisation donnée au Conseil du Trésor d’augme lʼAgence, pour l’initiative « Accès à des incitatifs fis
2015-2016-2017-2018-2019
Chapter 21: Appropriation Act No. 2, 2019–20 SCHEDULE 1 (French)
No du crédit
Postes
organismes de journalisme à but non lucratif », an 19 mars 2019, notamment pour permettre l’octroi ou l’augmentation du montant de toute subvention des dépenses pour l’exercice, dans la mesure où il ailleurs aux dépenses découlant de l’augmentation 15
– Autorisation donnée au Conseil du Trésor d’augme lʼAgence, pour l’initiative « S’assurer que les foncti ment qui convient », annoncée dans le budget du 1 pour permettre l’octroi de nouvelles subventions o tant de toute subvention prévue dans un budget d cice, dans la mesure où il n’est pas pourvu par aill lant de l’augmentation du crédit
– Autorisation donnée au Conseil du Trésor d’augme lʼAgence, pour l’initiative « Améliorer l’accès à l’All les travailleurs tout au long de l’année », annoncée mars 2019, notamment pour permettre l’octroi de l’augmentation du montant de toute subvention pr dépenses pour l’exercice, dans la mesure où il n’es aux dépenses découlant de l’augmentation du créd
– Autorisation donnée au Conseil du Trésor d’augme lʼAgence, pour l’initiative « Améliorer les services a l’Agence du revenu du Canada », annoncée dans le notamment pour permettre l’octroi de nouvelles su tion du montant de toute subvention prévue dans pour l’exercice, dans la mesure où il n’est pas pou penses découlant de l’augmentation du crédit
– Autorisation donnée au Conseil du Trésor d’augme lʼAgence, pour l’initiative « Améliorer l’observation noncée dans le budget du 19 mars 2019, notamme de nouvelles subventions ou l’augmentation du m prévue dans un budget des dépenses pour l’exerci n’est pas pourvu par ailleurs aux dépenses découl crédit
– Autorisation donnée au Conseil du Trésor d’augme lʼAgence, pour l’initiative « Prendre des mesures p des règles fiscales dans le secteur immobilier », an 19 mars 2019, notamment pour permettre l’octroi ou l’augmentation du montant de toute subvention des dépenses pour l’exercice, dans la mesure où il ailleurs aux dépenses découlant de l’augmentation
– Autorisation donnée au Conseil du Trésor d’augme lʼAgence, pour l’initiative « Crédit d’impôt pour les d’information numériques », annoncée dans le bud tamment pour permettre l’octroi de nouvelles subv du montant de toute subvention prévue dans un b l’exercice, dans la mesure où il n’est pas pourvu p découlant de l’augmentation du crédit
AGENCE FÉDÉRALE DE DÉVELOPPEMENT ÉCONOMI L’ONTARIO Federal Economic Development Agency for South 1 5
– Dépenses de fonctionnement
– Subventions inscrites à tout budget des dépenses p – Contributions
– Autorisation donnée au Conseil du Trésor d’augme lʼAgence, pour l’initiative « Lancement d’une straté le tourisme », annoncée dans le budget du 19 mars permettre l’octroi de nouvelles subventions ou l’au de toute subvention prévue dans un budget des dé dans la mesure où il n’est pas pourvu par ailleurs a l’augmentation du crédit
2015-2016-2017-2018-2019
Chapter 21: Appropriation Act No. 2, 2019–20 SCHEDULE 1 (French)
No du crédit
Postes AGENCE SPATIALE CANADIENNE Canadian Space Agency
– Dépenses de fonctionnement
– Dépenses en capital
– Subventions inscrites à tout budget des dépenses p – Contributions AUTORITÉ DU PONT WINDSOR-DÉTROIT Windsor-Detroit Bridge Authority
– Paiements à l’Autorité pour l’exécution de son man lettres patentes et à l’Accord sur le passage Canad BIBLIOTHÈQUE DU PARLEMENT Library of Parliament
– Dépenses du programme
– Autorisation de dépenser les recettes perçues au co viennent de ses activités BIBLIOTHÈQUE ET ARCHIVES DU CANADA Library and Archives of Canada 1
– Dépenses de fonctionnement – Contributions
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer au cours de celui-ci qui proviennent de ce qui suit
a) les droits d’accès à la collection et les frais de de celle-ci; b) la prestation de services de soutien internes cette loi. 5
– Dépenses en capital
BUREAU CANADIEN D’ENQUÊTE SUR LES ACCIDENT LA SÉCURITÉ DES TRANSPORTS Canadian Transportation Accident Investigation an 1
– Dépenses du programme
BUREAU DE L’ENQUÊTEUR CORRECTIONNEL DU CA Office of the Correctional Investigator of Canada 1
– Dépenses du programme BUREAU DE L’INFRASTRUCTURE DU CANADA Office of Infrastructure of Canada
– Dépenses de fonctionnement
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’ d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un payable annuellement ou au prorata pour toute pé
2015-2016-2017-2018-2019
Chapter 21: Appropriation Act No. 2, 2019–20 SCHEDULE 1 (French)
No du crédit
Postes
arrondi à la centaine de dollars inférieure en applic Loi sur le Parlement du Canada 5 10
– Dépenses en capital
– Subventions inscrites à tout budget des dépenses p – Contributions
BUREAU DU COMMISSAIRE À LA MAGISTRATURE F Office of the Commissioner for Federal Judicial Af 1
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re celui-ci qui proviennent de la prestation de service mations judiciaires
– Traitements, indemnités et dépenses pour les juge joints de la Cour suprême du Yukon, de la Cour su Nord-Ouest et de la Cour de justice du Nunavut, no les juges 5
– Dépenses de fonctionnement — Conseil canadien d
– Autorisation donnée au Conseil du Trésor d’augme Bureau, pour l’initiative « Accroître l’intégrité des f d’octroi de l’asile du Canada », annoncée dans le b notamment pour permettre l’octroi de nouvelles su tion du montant de toute subvention prévue dans pour l’exercice, dans la mesure où il n’est pas pou penses découlant de l’augmentation du crédit
– Autorisation donnée au Conseil du Trésor d’augme Bureau, pour l’initiative « Soutien aux membres de ciaires », annoncée dans le budget du 19 mars 201 mettre l’octroi de nouvelles subventions ou l’augm toute subvention prévue dans un budget des dépe la mesure où il n’est pas pourvu par ailleurs aux d l’augmentation du crédit
BUREAU DU COMMISSAIRE AUX CONFLITS D’INTÉR Office of the Conflict of Interest and Ethics Commi 1
– Dépenses du programme
BUREAU DU COMMISSAIRE DU CENTRE DE LA SÉCU TÉLÉCOMMUNICATIONS Office of the Communications Security Establishm 1
– Dépenses du programme
BUREAU DU CONSEILLER SÉNATORIAL EN ÉTHIQUE Office of the Senate Ethics Officer 1
– Dépenses du programme BUREAU DU CONSEIL PRIVÉ Privy Council Office
– Dépenses du programme, y compris :
a) les dépenses de fonctionnement des commis vues; b) les contributions relatives aux frais engagés raissant devant des commissions d’enquête;
c) le fonctionnement de la résidence du premie
2015-2016-2017-2018-2019
Chapter 21: Appropriation Act No. 2, 2019–20 SCHEDULE 1 (French)
No du crédit
Postes
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer au cours de celui-ci qui proviennent de ce qui suit
a) la formation en matière d’analyse du renseig b) la prestation de services de soutien internes cette loi.
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’ d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un payable annuellement ou au prorata pour toute pé arrondi à la centaine de dollars inférieure en applic Loi sur le Parlement du Canada
BUREAU DU DIRECTEUR DES POURSUITES PÉNALES Office of the Director of Public Prosecutions 1
– Dépenses du programme
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re celui-ci qui proviennent de ce qui suit :
a) les services de poursuites et les services con
b) les services de poursuites et les services con mandat du Bureau — fournis de manière facult et à des organisations non fédérales ou interna
c) les services de soutien internes fournis en ve loi. 5
– Autorisation donnée au Conseil du Trésor d’augme Bureau, pour l’initiative « Soutien au Service des p Canada », annoncée dans le budget du 19 mars 20 mettre l’octroi de nouvelles subventions ou l’augm toute subvention prévue dans un budget des dépe la mesure où il n’est pas pourvu par ailleurs aux d l’augmentation du crédit BUREAU DU DIRECTEUR GÉNÉRAL DES ÉLECTIONS Office of the Chief Electoral Officer
– Dépenses du programme
BUREAU DU DIRECTEUR PARLEMENTAIRE DU BUDG Office of the Parliamentary Budget Officer 1
– Dépenses du programme
BUREAU DU SECRÉTAIRE DU GOUVERNEUR GÉNÉR Office of the Governor General’s Secretary 1
– Dépenses du programme
– Dépenses relatives aux anciens gouverneurs génér tives à leur conjoint, durant leur vie et pendant les cès, en lien avec l’exercice des attributions qui leu leurs fonctions de gouverneur général
BUREAU DU SURINTENDANT DES INSTITUTIONS FIN Office of the Superintendent of Financial Institution 1
– Dépenses du programme
2015-2016-2017-2018-2019
Chapter 21: Appropriation Act No. 2, 2019–20 SCHEDULE 1 (French)
No du crédit
Postes BUREAU DU VÉRIFICATEUR GÉNÉRAL Office of the Auditor General
– Dépenses du programme
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer au cours de celui-ci qui proviennent de ce qui suit
a) les services professionnels de vérification au nadien des vérificateurs législatifs;
b) les enquêtes effectuées au titre de l’article 11 teur général.
CENTRE CANADIEN D’HYGIÈNE ET DE SÉCURITÉ AU Canadian Centre for Occupational Health and Safe 1
– Dépenses du programme
CENTRE D’ANALYSE DES OPÉRATIONS ET DÉCLARA CANADA Financial Transactions and Reports Analysis Centr 1
– Dépenses du programme
– Autorisation donnée au Conseil du Trésor d’augme lʼAgence, pour l’initiative « Renforcer le régime can recyclage des produits de la criminalité et le financ ristes », annoncée dans le budget du 19 mars 2019 mettre l’octroi de nouvelles subventions ou l’augm toute subvention prévue dans un budget des dépe la mesure où il n’est pas pourvu par ailleurs aux d l’augmentation du crédit
CENTRE DE LA SÉCURITÉ DES TÉLÉCOMMUNICATIO Communications Security Establishment 1
– Dépenses du programme
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re celui-ci qui proviennent de ses activités, notamme de soutien internes en vertu de l’article 29.2 de cet 5
– Autorisation donnée au Conseil du Trésor d’augme lʼorganisation, pour l’initiative « Protéger les infras Canada contre les cybermenaces », annoncée dans 2019, notamment pour permettre l’octroi de nouve mentation du montant de toute subvention prévue penses pour l’exercice, dans la mesure où il n’est p dépenses découlant de l’augmentation du crédit
– Autorisation donnée au Conseil du Trésor d’augme lʼorganisation, pour l’initiative « Protéger la sécurit annoncée dans le budget du 19 mars 2019, notamm troi de nouvelles subventions ou l’augmentation d vention prévue dans un budget des dépenses pou où il n’est pas pourvu par ailleurs aux dépenses dé du crédit
– Autorisation donnée au Conseil du Trésor d’augme lʼorganisation, pour l’initiative « Protéger la démoc budget du 19 mars 2019, notamment pour permet subventions ou l’augmentation du montant de tou un budget des dépenses pour l’exercice, dans la m vu par ailleurs aux dépenses découlant de l’augme
2015-2016-2017-2018-2019
Chapter 21: Appropriation Act No. 2, 2019–20 SCHEDULE 1 (French)
No du crédit 20
Postes
– Autorisation donnée au Conseil du Trésor d’augme lʼorganisation, pour l’initiative « Renouveler la stra Moyen-Orient », annoncée dans le budget du 19 m permettre l’octroi de nouvelles subventions ou l’au de toute subvention prévue dans un budget des dé dans la mesure où il n’est pas pourvu par ailleurs a l’augmentation du crédit
CENTRE DE RECHERCHES POUR LE DÉVELOPPEMEN International Development Research Centre 1
– Paiements au Centre CHAMBRE DES COMMUNES House of Commons
– Dépenses du programme, notamment les paiemen des bureaux de circonscription des députés – Contributions
– Autorisation de dépenser les recettes perçues au co viennent de ses activités
COMITÉ DE SURVEILLANCE DES ACTIVITÉS DE RENS SÉCURITÉ Security Intelligence Review Committee 1
– Dépenses du programme
COMITÉ EXTERNE D’EXAMEN DE LA GENDARMERIE Royal Canadian Mounted Police External Review C 1
– Dépenses du programme
COMITÉ EXTERNE D’EXAMEN DES GRIEFS MILITAIR Military Grievances External Review Committee 1
– Dépenses du programme
COMMISSARIAT À L’INTÉGRITÉ DU SECTEUR PUBLI Office of the Public Sector Integrity Commissioner 1
– Dépenses du programme – Contributions COMMISSARIAT AU LOBBYING Office of the Commissioner of Lobbying
– Dépenses du programme COMMISSARIAT AUX LANGUES OFFICIELLES Office of the Commissioner of Official Languages
– Dépenses du programme
COMMISSARIATS À L’INFORMATION ET À LA PROTE DU CANADA Offices of the Information and Privacy Commission 1
– Dépenses du programme — Commissariat à l’infor
– Dépenses du programme — Commissariat à la pro
– Contributions — Commissariat à la protection de la
2015-2016-2017-2018-2019
Chapter 21: Appropriation Act No. 2, 2019–20 SCHEDULE 1 (French)
No du crédit
Postes
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer au cours de celui-ci qui proviennent de la prestatio internes en vertu de l’article 29.2 de cette loi 10
– Autorisation donnée au Conseil du Trésor d’augme lʼorganisation, pour l’initiative « Soutien de l’accès sariat à l’information du Canada », annoncée dans 2019, notamment pour permettre l’octroi de nouve mentation du montant de toute subvention prévue penses pour l’exercice, dans la mesure où il n’est p dépenses découlant de l’augmentation du crédit
– Autorisation donnée au Conseil du Trésor d’augme lʼorganisation, pour l’initiative « Protection de la vi Commissariat à la protection de la vie privée du Ca budget du 19 mars 2019, notamment pour permet subventions ou l’augmentation du montant de tou un budget des dépenses pour l’exercice, dans la m vu par ailleurs aux dépenses découlant de l’augme COMMISSION AUX DÉBATS DES CHEFS Leaders’ Debates Commission
– Dépenses du programme
COMMISSION CANADIENNE DES DROITS DE LA PER Canadian Human Rights Commission 1
– Dépenses du programme
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer au cours de celui-ci qui proviennent de la prestatio internes en vertu de l’article 29.2 de cette loi 5
– Autorisation donnée au Conseil du Trésor d’augme la Commission, pour l’initiative « Soutien à la Com droits de la personne et à l’accès à la justice », ann 19 mars 2019, notamment pour permettre l’octroi ou l’augmentation du montant de toute subvention des dépenses pour l’exercice, dans la mesure où il ailleurs aux dépenses découlant de l’augmentation COMMISSION CANADIENNE DES GRAINS Canadian Grain Commission
– Dépenses du programme
COMMISSION CANADIENNE DE SÛRETÉ NUCLÉAIRE Canadian Nuclear Safety Commission 1
– Dépenses du programme
– Subventions inscrites à tout budget des dépenses p – Contributions COMMISSION CANADIENNE DU LAIT Canadian Dairy Commission 1
– Dépenses du programme COMMISSION CANADIENNE DU TOURISME Canadian Tourism Commission
2015-2016-2017-2018-2019
Chapter 21: Appropriation Act No. 2, 2019–20 SCHEDULE 1 (French)
No du crédit
Postes
– Paiements à la Commission
– Autorisation donnée au Conseil du Trésor d’augme la Commission, pour l’initiative « Lancement d’une l’emploi et le tourisme », annoncée dans le budget ment pour permettre l’octroi de nouvelles subvent montant de toute subvention prévue dans un budg l’exercice, dans la mesure où il n’est pas pourvu p découlant de l’augmentation du crédit
COMMISSION CIVILE D’EXAMEN ET DE TRAITEMENT RELATIVES À LA GENDARMERIE ROYALE DU CAN Civilian Review and Complaints Commission for th Mounted Police 1
– Dépenses du programme
– Autorisation donnée au Conseil du Trésor d’augme la Commission, pour l’initiative « Renforcer la redd veillance de l’Agence des services frontaliers du C budget du 19 mars 2019, révisée le 1er avril 2019, n l’octroi de nouvelles subventions ou l’augmentatio subvention prévue dans un budget des dépenses p sure où il n’est pas pourvu par ailleurs aux dépens tation du crédit COMMISSION DE LA CAPITALE NATIONALE National Capital Commission
– Paiements à la Commission pour les dépenses de f
– Paiements à la Commission pour les dépenses en c COMMISSION DE LA FONCTION PUBLIQUE Public Service Commission
– Dépenses du programme
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re celui-ci qui proviennent de la fourniture de produit d’évaluation et de counseling et de la prestation de ternes en vertu de l’article 29.2 de cette loi
COMMISSION DE L’IMMIGRATION ET DU STATUT D Immigration and Refugee Board 1
– Dépenses du programme
– Autorisation donnée au Conseil du Trésor d’augme la Commission, pour l’initiative « Accroître l’intégr tème d’octroi de l’asile du Canada », annoncée dan 2019, notamment pour permettre l’octroi de nouve mentation du montant de toute subvention prévue penses pour l’exercice, dans la mesure où il n’est p dépenses découlant de l’augmentation du crédit
COMMISSION DES CHAMPS DE BATAILLE NATIONA The National Battlefields Commission 1
– Dépenses du programme
COMMISSION DES LIBÉRATIONS CONDITIONNELLES Parole Board of Canada 1
– Dépenses du programme
2015-2016-2017-2018-2019
Chapter 21: Appropriation Act No. 2, 2019–20 SCHEDULE 1 (French)
No du crédit
Postes
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re celui-ci qui proviennent de la prestation de service demandes de suspension du casier présentées par nées pour des infractions à des lois ou règlements
COMMISSION D’EXAMEN DES PLAINTES CONCERNA Military Police Complaints Commission 1
– Dépenses du programme COMMISSION DU DROIT D’AUTEUR Copyright Board
– Dépenses du programme
COMMISSION MIXTE INTERNATIONALE (SECTION C International Joint Commission (Canadian Section 1
– Dépenses du programme
– Dépenses de la section canadienne, y compris les t
– Dépenses relatives aux études, enquêtes et relevés sion en vertu du mandat international qui lui est co
– Dépenses faites par la Commission en vertu de l’Ac les États-Unis relatif à la qualité de l’eau dans les G CONSEIL CANADIEN DES NORMES Standards Council of Canada 1
– Paiements au Conseil au titre de l’alinéa 5a) de la L des normes
CONSEIL DE LA RADIODIFFUSION ET DES TÉLÉCOM CANADIENNES Canadian Radio-television and Telecommunication 1
– Dépenses du programme
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re celui-ci au titre du Règlement de 2010 sur les droit du Règlement de 1997 sur les droits de licence de ment sur les droits relatifs aux télécommunication cadre de ses autres activités, jusqu’à concurrence par le Conseil du Trésor 5
– Autorisation donnée au Conseil du Trésor d’augme la Commission, pour l’initiative « Protéger les infra Canada contre les cybermenaces », annoncée dans 2019, notamment pour permettre l’octroi de nouve mentation du montant de toute subvention prévue penses pour l’exercice, dans la mesure où il n’est p dépenses découlant de l’augmentation du crédit
CONSEIL DE RECHERCHES EN SCIENCES HUMAINES Social Sciences and Humanities Research Council 1
– Dépenses de fonctionnement
– Subventions inscrites à tout budget des dépenses p
– Autorisation donnée au Conseil du Trésor d’augme Conseil, pour l’initiative « Congé parental payé pou
2015-2016-2017-2018-2019
Chapter 21: Appropriation Act No. 2, 2019–20 SCHEDULE 1 (French)
No du crédit
Postes
étudiants », annoncée dans le budget du 19 mars 2 mettre l’octroi de nouvelles subventions ou l’augm toute subvention prévue dans un budget des dépe la mesure où il n’est pas pourvu par ailleurs aux d l’augmentation du crédit 15
– Autorisation donnée au Conseil du Trésor d’augme Conseil, pour l’initiative « Des bourses de recherch diants de deuxième et de troisième cycles », annon mars 2019, notamment pour permettre l’octroi de l’augmentation du montant de toute subvention pr dépenses pour l’exercice, dans la mesure où il n’es aux dépenses découlant de l’augmentation du créd
CONSEIL DE RECHERCHES EN SCIENCES NATURELL Natural Sciences and Engineering Research Counc 1
– Dépenses de fonctionnement
– Subventions inscrites à tout budget des dépenses p
– Autorisation donnée au Conseil du Trésor d’augme Conseil, pour l’initiative « Congé parental payé pou diants », annoncée dans le budget du 19 mars 2019 mettre l’octroi de nouvelles subventions ou l’augm toute subvention prévue dans un budget des dépe la mesure où il n’est pas pourvu par ailleurs aux d l’augmentation du crédit
– Autorisation donnée au Conseil du Trésor d’augme Conseil, pour l’initiative « Des bourses de recherch diants de deuxième et de troisième cycles », annon mars 2019, notamment pour permettre l’octroi de l’augmentation du montant de toute subvention pr dépenses pour l’exercice, dans la mesure où il n’es aux dépenses découlant de l’augmentation du créd CONSEIL DES ARTS DU CANADA Canada Council for the Arts
– Paiements au Conseil devant servir aux fins généra la Loi sur le Conseil des Arts du Canada
CONSEIL D’EXAMEN DU PRIX DES MÉDICAMENTS B Patented Medicine Prices Review Board 1
– Dépenses du programme CONSEIL NATIONAL DE RECHERCHES DU CANADA National Research Council of Canada
– Dépenses de fonctionnement
– Dépenses en capital
– Subventions inscrites à tout budget des dépenses p
– Contributions, y compris la fourniture de biens et d toire international du Télescope de trente mètres ÉCOLE DE LA FONCTION PUBLIQUE DU CANADA Canada School of Public Service 1
– Dépenses du programme ÉNERGIE ATOMIQUE DU CANADA LIMITÉE Atomic Energy of Canada Limited
2015-2016-2017-2018-2019
Chapter 21: Appropriation Act No. 2, 2019–20 SCHEDULE 1 (French)
No du crédit 1
Postes
– Paiements à la société pour les dépenses de fonctio en capital GENDARMERIE ROYALE DU CANADA Royal Canadian Mounted Police
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer au cours de celui-ci qui proviennent notamment de de soutien internes en vertu de l’article 29.2 de cet 5
– Dépenses en capital
– Subventions inscrites à tout budget des dépenses p prévu pour chaque subvention pouvant être modifi bation du Conseil du Trésor – Contributions
– Autorisation donnée au Conseil du Trésor d’augme lʼorganisation, pour l’initiative « Offrir un meilleur s transport aérien », annoncée dans le budget du 19 pour permettre l’octroi de nouvelles subventions o tant de toute subvention prévue dans un budget d cice, dans la mesure où il n’est pas pourvu par aill lant de l’augmentation du crédit
– Autorisation donnée au Conseil du Trésor d’augme lʼorganisation, pour l’initiative « Accroître l’intégrit tème d’octroi de l’asile du Canada », annoncée dan 2019, notamment pour permettre l’octroi de nouve mentation du montant de toute subvention prévue penses pour l’exercice, dans la mesure où il n’est p dépenses découlant de l’augmentation du crédit
– Autorisation donnée au Conseil du Trésor d’augmen lʼorganisation, pour l’initiative « Protéger la sécurit annoncée dans le budget du 19 mars 2019, notamm troi de nouvelles subventions ou l’augmentation d vention prévue dans un budget des dépenses pou où il n’est pas pourvu par ailleurs aux dépenses dé du crédit
– Autorisation donnée au Conseil du Trésor d’augme lʼorganisation, pour l’initiative « Renforcer le régim contre le recyclage des produits de la criminalité e tés terroristes », annoncée dans le budget du 19 m permettre l’octroi de nouvelles subventions ou l’au de toute subvention prévue dans un budget des dé dans la mesure où il n’est pas pourvu par ailleurs a l’augmentation du crédit
– Autorisation donnée au Conseil du Trésor d’augme lʼorganisation, pour l’initiative « Soutien pour la Ge Canada », annoncée dans le budget du 19 mars 20 mettre l’octroi de nouvelles subventions ou l’augm toute subvention prévue dans un budget des dépe la mesure où il n’est pas pourvu par ailleurs aux d l’augmentation du crédit INSTITUTS DE RECHERCHE EN SANTÉ DU CANADA Canadian Institutes of Health Research
– Dépenses de fonctionnement
– Subventions inscrites à tout budget des dépenses p
– Autorisation donnée au Conseil du Trésor d’augme lʼAgence, pour l’initiative « Congé parental payé po
2015-2016-2017-2018-2019
Chapter 21: Appropriation Act No. 2, 2019–20 SCHEDULE 1 (French)
No du crédit
Postes
étudiants », annoncée dans le budget du 19 mars 2 mettre l’octroi de nouvelles subventions ou l’augm toute subvention prévue dans un budget des dépe la mesure où il n’est pas pourvu par ailleurs aux d l’augmentation du crédit 15
– Autorisation donnée au Conseil du Trésor d’augme lʼAgence, pour l’initiative « Des bourses de recherc diants de deuxième et de troisième cycles », annon mars 2019, notamment pour permettre l’octroi de l’augmentation du montant de toute subvention pr dépenses pour l’exercice, dans la mesure où il n’es aux dépenses découlant de l’augmentation du créd INVESTIR AU CANADA Invest in Canada Hub
– Dépenses du programme
LES PONTS JACQUES-CARTIER ET CHAMPLAIN INC. The Jacques-Cartier and Champlain Bridges Inc. 1
– Paiements à la société à affecter au paiement de l’e ses revenus, exception faite de l’amortissement de réserves, relativement à l’exploitation des ponts Ja plain, de l’estacade du pont Champlain, du tunnel contournement de l’Île-des-Sœurs et des tronçons Mercier et de l’autoroute Bonaventure MARINE ATLANTIQUE S.C.C. Marine Atlantic Inc.
– Paiements à la société pour les dépenses liées à sa
– Paiements à la société pour les dépenses en capita
– Paiements à la société pour les services de transpo de transport maritime entre la Nouvelle-Écosse et et les navires, terminaux et infrastructures connex
MINISTÈRE DE LA CITOYENNETÉ ET DE L’IMMIGRAT Department of Citizenship and Immigration 1
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice pour dans le cadre du programme « Expérience internat cettes perçues au cours de cet exercice qui provien ces services
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’ d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un payable annuellement ou au prorata pour toute pé arrondi à la centaine de dollars inférieure en applic Loi sur le Parlement du Canada 5
– Dépenses en capital
– Subventions inscrites à tout budget des dépenses p
– Contributions, y compris la fourniture de biens et d 15
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Accroître l’intégrité de d’octroi de l’asile du Canada », annoncée dans le b
2015-2016-2017-2018-2019
Chapter 21: Appropriation Act No. 2, 2019–20 SCHEDULE 1 (French)
No du crédit
Postes
notamment pour permettre l’octroi de nouvelles su tion du montant de toute subvention prévue dans pour l’exercice, dans la mesure où il n’est pas pou penses découlant de l’augmentation du crédit 20
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Améliorer le service à migration », annoncée dans le budget du 19 mars mettre l’octroi de nouvelles subventions ou l’augm toute subvention prévue dans un budget des dépe la mesure où il n’est pas pourvu par ailleurs aux d l’augmentation du crédit
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Aider les voyageurs à cée dans le budget du 19 mars 2019, notamment p nouvelles subventions ou l’augmentation du mont prévue dans un budget des dépenses pour l’exerci n’est pas pourvu par ailleurs aux dépenses découl crédit
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Protéger les personnes immigration sans scrupule », annoncée dans le bu tamment pour permettre l’octroi de nouvelles subv du montant de toute subvention prévue dans un b l’exercice, dans la mesure où il n’est pas pourvu p découlant de l’augmentation du crédit
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Fournir des soins de sa demandeurs d’asile », annoncée dans le budget du pour permettre l’octroi de nouvelles subventions o tant de toute subvention prévue dans un budget d cice, dans la mesure où il n’est pas pourvu par aill lant de l’augmentation du crédit MINISTÈRE DE LA DÉFENSE NATIONALE Department of National Defence
– Dépenses de fonctionnement
– Autorisation de contracter, sous réserve d’affectati sor, des engagements totalisant 32 283 582 335 $ à 10 du ministère, quelle que soit l’année au cours d tout paiement afférent à l’un ou l’autre de ces enga timé qu’une tranche de 12 140 735 346 $ deviendra à venir)
– Autorisation de faire des dépenses ou des avances serve des directives du Conseil du Trésor, à l’égard particuliers, des sociétés, des organismes extérieu organismes fédéraux et d’autres administrations, o leur nom – Paiements effectués dans le cadre :
a) de programmes de pension, d’assurance et d d’autres ententes pour les employés recrutés su Canada;
b) de l’administration de ces programmes ou e primes, contributions, avantages, frais et autres les employés recrutés sur place à l’extérieur du personnes déterminées par le Conseil du Tréso
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer au cours de celui-ci qui proviennent notamment de de soutien internes en vertu de l’article 29.2 de cet
2015-2016-2017-2018-2019
Chapter 21: Appropriation Act No. 2, 2019–20 SCHEDULE 1 (French)
No du crédit
Postes
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’ d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un payable annuellement ou au prorata pour toute pé arrondi à la centaine de dollars inférieure en applic Loi sur le Parlement du Canada 5
– Dépenses en capital
– Subventions inscrites à tout budget des dépenses p tions, y compris :
a) les montants versés à un bénéficiaire ou ce q ment pour : (i) la fourniture de biens ou de services, (ii) l’utilisation d’installations;
b) les contributions pouvant être approuvées p conseil, aux termes de l’article 3 de la Loi de 19 fense, pour :
(i) l’acquisition ou le transfert d’équipement
(ii) la fourniture de services aux fins de défe
(iii) l’acquisition ou le transfert de fourniture fins de défense. 15
– Paiements effectués dans le cadre :
a) de programmes d’assurance et d’avantages tentes pour les militaires de la force régulière e Forces canadiennes;
b) de l’administration de ces programmes ou e titre des primes, contributions, avantages socia penses engagés pour ces militaires et pour d’au nées par le Conseil du Trésor. 20
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Protéger la sécurité na noncée dans le budget du 19 mars 2019, notamme de nouvelles subventions ou l’augmentation du m prévue dans un budget des dépenses pour l’exerci n’est pas pourvu par ailleurs aux dépenses découl crédit
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Renouveler la Stratégi Orient », annoncée dans le budget du 19 mars 201 mettre l’octroi de nouvelles subventions ou l’augm toute subvention prévue dans un budget des dépe la mesure où il n’est pas pourvu par ailleurs aux d l’augmentation du crédit
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Soutenir les vétérans à sition vers la vie civile après le service », annoncée mars 2019, notamment pour permettre l’octroi de l’augmentation du montant de toute subvention pr dépenses pour l’exercice, dans la mesure où il n’es aux dépenses découlant de l’augmentation du créd
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Renforcer le soutien du kraine », annoncée dans le budget du 19 mars 2019 mettre l’octroi de nouvelles subventions ou l’augm toute subvention prévue dans un budget des dépe la mesure où il n’est pas pourvu par ailleurs aux d l’augmentation du crédit
2015-2016-2017-2018-2019
Chapter 21: Appropriation Act No. 2, 2019–20 SCHEDULE 1 (French)
No du crédit
Postes
MINISTÈRE DE LA DIVERSIFICATION DE L’ÉCONOMIE Department of Western Economic Diversification 1
– Dépenses de fonctionnement
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’ d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un payable annuellement ou au prorata pour toute pé arrondi à la centaine de dollars inférieure en applic Loi sur le Parlement du Canada 5
– Subventions inscrites à tout budget des dépenses p – Contributions
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Lancement d’une strat et le tourisme », annoncée dans le budget du 19 m permettre l’octroi de nouvelles subventions ou l’au de toute subvention prévue dans un budget des dé dans la mesure où il n’est pas pourvu par ailleurs a l’augmentation du crédit
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Protéger l’eau et les te noncée dans le budget du 19 mars 2019, notamme de nouvelles subventions ou l’augmentation du m prévue dans un budget des dépenses pour l’exerci n’est pas pourvu par ailleurs aux dépenses découl crédit
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Financement accru pou pement régional », annoncée dans le budget du 19 pour permettre l’octroi de nouvelles subventions o tant de toute subvention prévue dans un budget d cice, dans la mesure où il n’est pas pourvu par aill lant de l’augmentation du crédit
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Investir dans une écon et croissante », annoncée dans le budget du 19 ma permettre l’octroi de nouvelles subventions ou l’au de toute subvention prévue dans un budget des dé dans la mesure où il n’est pas pourvu par ailleurs a l’augmentation du crédit
MINISTÈRE DE L’AGRICULTURE ET DE L’AGROALIME Department of Agriculture and Agri-Food 1
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re celui-ci qui proviennent de ce qui suit :
a) les ententes de recherche concertée et les se
b) l’administration du programme « Agri-stabili c) la prestation de services de soutien internes cette loi.
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’ d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un payable annuellement ou au prorata pour toute pé
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No du crédit
Postes
arrondi à la centaine de dollars inférieure en applic Loi sur le Parlement du Canada 5 10
– Dépenses en capital
– Subventions inscrites à tout budget des dépenses p – Contributions
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Une politique alimenta noncée dans le budget du 19 mars 2019, notamme de nouvelles subventions ou l’augmentation du m prévue dans un budget des dépenses pour l’exerci n’est pas pourvu par ailleurs aux dépenses découl crédit MINISTÈRE DE LA JUSTICE Department of Justice
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re celui-ci qui proviennent de ce qui suit :
a) les services juridiques fournis de manière ob organismes fédéraux;
b) les services juridiques — conformes au man de manière facultative à des sociétés d’État et à dérales ou internationales;
c) les services de soutien internes fournis en ve loi.
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’ d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un payable annuellement ou au prorata pour toute pé arrondi à la centaine de dollars inférieure en applic Loi sur le Parlement du Canada 5
– Subventions inscrites à tout budget des dépenses p – Contributions
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Intégrer l’innovation à noncée dans le budget du 19 mars 2019, notamme de nouvelles subventions ou l’augmentation du m prévue dans un budget des dépenses pour l’exerci n’est pas pourvu par ailleurs aux dépenses découl crédit
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Accroître l’intégrité de d’octroi de l’asile du Canada », annoncée dans le b notamment pour permettre l’octroi de nouvelles su tion du montant de toute subvention prévue dans pour l’exercice, dans la mesure où il n’est pas pou penses découlant de l’augmentation du crédit
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Accorder aux Canadien l’éducation et à l’information juridiques », annoncé mars 2019, notamment pour permettre l’octroi de l’augmentation du montant de toute subvention pr dépenses pour l’exercice, dans la mesure où il n’es aux dépenses découlant de l’augmentation du créd
2015-2016-2017-2018-2019
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No du crédit 25
Postes
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Appuyer la relation jur peuples autochtones », annoncée dans le budget d ment pour permettre l’octroi de nouvelles subvent montant de toute subvention prévue dans un budg l’exercice, dans la mesure où il n’est pas pourvu p découlant de l’augmentation du crédit MINISTÈRE DE LA SANTÉ Department of Health
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re celui-ci qui proviennent de ce qui suit :
a) la prestation de services – ou la vente de pro santé, au bien-être et aux activités de réglemen b) la prestation de services de soutien internes cette loi.
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’ d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un payable annuellement ou au prorata pour toute pé arrondi à la centaine de dollars inférieure en applic Loi sur le Parlement du Canada 5 10
– Dépenses en capital
– Subventions inscrites à tout budget des dépenses p – Contributions, sous forme de paiements en argent ou de services
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Intégrer l’innovation à noncée dans le budget du 19 mars 2019, notamme de nouvelles subventions ou l’augmentation du m prévue dans un budget des dépenses pour l’exerci n’est pas pourvu par ailleurs aux dépenses découl crédit
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Renforcer la réponse fé opioïdes au Canada », annoncée dans le budget du ment pour permettre l’octroi de nouvelles subvent montant de toute subvention prévue dans un budg l’exercice, dans la mesure où il n’est pas pourvu p découlant de l’augmentation du crédit
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Présentation de l’Agen caments », annoncée dans le budget du 19 mars 20 mettre l’octroi de nouvelles subventions ou l’augm toute subvention prévue dans un budget des dépe la mesure où il n’est pas pourvu par ailleurs aux d l’augmentation du crédit
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Ovarian Cancer Canad get du 19 mars 2019, notamment pour permettre l ventions ou l’augmentation du montant de toute s budget des dépenses pour l’exercice, dans la mesu par ailleurs aux dépenses découlant de l’augmenta
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Protection contre l’enc
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bovine au Canada », annoncée dans le budget du 1 pour permettre l’octroi de nouvelles subventions o tant de toute subvention prévue dans un budget d cice, dans la mesure où il n’est pas pourvu par aill lant de l’augmentation du crédit 40
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Appuyer une approche toire pour le don de plasma », annoncée dans le bu tamment pour permettre l’octroi de nouvelles subv du montant de toute subvention prévue dans un b l’exercice, dans la mesure où il n’est pas pourvu p découlant de l’augmentation du crédit
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Institut de recherche T le budget du 19 mars 2019, notamment pour perm subventions ou l’augmentation du montant de tou un budget des dépenses pour l’exercice, dans la m vu par ailleurs aux dépenses découlant de l’augme
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Créer une base de don les dons et la transplantation d’organes », annoncé mars 2019, notamment pour permettre l’octroi de l’augmentation du montant de toute subvention pr dépenses pour l’exercice, dans la mesure où il n’es aux dépenses découlant de l’augmentation du créd
MINISTÈRE DE LA SÉCURITÉ PUBLIQUE ET DE LA PR Department of Public Safety and Emergency Prepa 1
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer au cours de celui-ci qui proviennent notamment de de soutien internes en vertu de l’article 29.2 de cet
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’ d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un payable annuellement ou au prorata pour toute pé arrondi à la centaine de dollars inférieure en applic Loi sur le Parlement du Canada 5
– Subventions inscrites à tout budget des dépenses p – Contributions
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Veiller à une meilleure tion pour la gestion des catastrophes », annoncée 2019, notamment pour permettre l’octroi de nouve mentation du montant de toute subvention prévue penses pour l’exercice, dans la mesure où il n’est p dépenses découlant de l’augmentation du crédit
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Protéger les infrastruct Canada contre les cybermenaces », annoncée dans 2019, notamment pour permettre l’octroi de nouve mentation du montant de toute subvention prévue penses pour l’exercice, dans la mesure où il n’est p dépenses découlant de l’augmentation du crédit
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Protéger la sécurité na noncée dans le budget du 19 mars 2019, notamme
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de nouvelles subventions ou l’augmentation du m prévue dans un budget des dépenses pour l’exerci n’est pas pourvu par ailleurs aux dépenses découl crédit 25
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Protéger les enfants co en ligne », annoncée dans le budget du 19 mars 20 mettre l’octroi de nouvelles subventions ou l’augm toute subvention prévue dans un budget des dépe la mesure où il n’est pas pourvu par ailleurs aux d l’augmentation du crédit
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Protéger les lieux de ra taires contre les crimes motivés par la haine », ann 19 mars 2019, notamment pour permettre l’octroi ou l’augmentation du montant de toute subvention des dépenses pour l’exercice, dans la mesure où il ailleurs aux dépenses découlant de l’augmentation
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Renforcer le régime ca produits de la criminalité et le financement des act cée dans le budget du 19 mars 2019, notamment p nouvelles subventions ou l’augmentation du mont prévue dans un budget des dépenses pour l’exerci n’est pas pourvu par ailleurs aux dépenses découl crédit
MINISTÈRE DE L’EMPLOI ET DU DÉVELOPPEMENT S Department of Employment and Social Developme 1
– Dépenses de fonctionnement
– Autorisation d’effectuer des dépenses recouvrables Régime de pensions du Canada et de la Loi sur l’as
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer au cours de celui-ci qui proviennent de ce qui suit
a) les services visant à aider les provinces à adm provinciaux financés aux termes des ententes s marché du travail;
b) les services de soutien internes fournis en ve cette loi;
c) tout montant facturé à une société d’État en v Loi sur l’indemnisation des agents de l’État en l pour les recours par subrogation pour les socié
d) la portion des coûts de litige découlant des r mandes de réclamation auprès de tiers pour les nismes faits en vertu de la Loi sur l’indemnisati
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’ d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un payable annuellement ou au prorata pour toute pé arrondi à la centaine de dollars inférieure en applic Loi sur le Parlement du Canada 5
– Subventions inscrites à tout budget des dépenses p – Contributions
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Renforcer la capacité d
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No du crédit
Postes
médiation et de conciliation », annoncée dans le bu tamment pour permettre l’octroi de nouvelles subv du montant de toute subvention prévue dans un b l’exercice, dans la mesure où il n’est pas pourvu p découlant de l’augmentation du crédit 15
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Accroître l’autonomie communautés », annoncée dans le budget du 19 m permettre l’octroi de nouvelles subventions ou l’au de toute subvention prévue dans un budget des dé dans la mesure où il n’est pas pourvu par ailleurs a l’augmentation du crédit
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Renforcer les soutiens cée dans le budget du 19 mars 2019, notamment p nouvelles subventions ou l’augmentation du mont prévue dans un budget des dépenses pour l’exerci n’est pas pourvu par ailleurs aux dépenses découl crédit
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Veiller à ce que les pre venu soient équitables et efficaces », annoncée dan 2019, révisée le 1er avril 2019, notamment pour pe velles subventions ou l’augmentation du montant vue dans un budget des dépenses pour l’exercice, pas pourvu par ailleurs aux dépenses découlant de
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Créer un volet perman diaux », annoncée dans le budget du 19 mars 2019 mettre l’octroi de nouvelles subventions ou l’augm toute subvention prévue dans un budget des dépe la mesure où il n’est pas pourvu par ailleurs aux d l’augmentation du crédit
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Élargir le Service jeune dans le budget du 19 mars 2019, notamment pour velles subventions ou l’augmentation du montant vue dans un budget des dépenses pour l’exercice, pas pourvu par ailleurs aux dépenses découlant de
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Élargir le Programme d étudiants », annoncée dans le budget du 19 mars 2 mettre l’octroi de nouvelles subventions ou l’augm toute subvention prévue dans un budget des dépe la mesure où il n’est pas pourvu par ailleurs aux d l’augmentation du crédit
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Améliorer les résultats versité dans le cadre de programmes axés sur les dans le budget du 19 mars 2019, notamment pour velles subventions ou l’augmentation du montant vue dans un budget des dépenses pour l’exercice, pas pourvu par ailleurs aux dépenses découlant de
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Inclusion des Canadien suelle ou autre déficience de lecture des imprimés get du 19 mars 2019, notamment pour permettre l ventions ou l’augmentation du montant de toute s budget des dépenses pour l’exercice, dans la mesu par ailleurs aux dépenses découlant de l’augmenta
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Investir dans Service C budget du 19 mars 2019, notamment pour permet
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No du crédit
Postes
subventions ou l’augmentation du montant de tou un budget des dépenses pour l’exercice, dans la m vu par ailleurs aux dépenses découlant de l’augme 60
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Régler les différends li curité du revenu plus rapidement et facilement », a du 19 mars 2019, notamment pour permettre l’octr tions ou l’augmentation du montant de toute subv budget des dépenses pour l’exercice, dans la mesu par ailleurs aux dépenses découlant de l’augmenta
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Appuyer les communa annoncée dans le budget du 19 mars 2019, notamm troi de nouvelles subventions ou l’augmentation d vention prévue dans un budget des dépenses pou où il n’est pas pourvu par ailleurs aux dépenses dé du crédit
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Moderniser la Stratégi noncée dans le budget du 19 mars 2019, notamme de nouvelles subventions ou l’augmentation du m prévue dans un budget des dépenses pour l’exerci n’est pas pourvu par ailleurs aux dépenses découl crédit
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Appuyer l’emploi pour incapacité intellectuelle, y compris les troubles du noncée dans le budget du 19 mars 2019, notamme de nouvelles subventions ou l’augmentation du m prévue dans un budget des dépenses pour l’exerci n’est pas pourvu par ailleurs aux dépenses découl crédit
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Soutenir les études po tones », annoncée dans le budget du 19 mars 2019 mettre l’octroi de nouvelles subventions ou l’augm toute subvention prévue dans un budget des dépe la mesure où il n’est pas pourvu par ailleurs aux d l’augmentation du crédit
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Participation des organ sur les marchés de la finance sociale », annoncée d 2019, notamment pour permettre l’octroi de nouve mentation du montant de toute subvention prévue penses pour l’exercice, dans la mesure où il n’est p dépenses découlant de l’augmentation du crédit MINISTÈRE DE L’ENVIRONNEMENT Department of the Environment
– Dépenses de fonctionnement
– Autorisation au ministre de l’Environnement d’eng dont les commissions peuvent avoir besoin et vers ments déterminés par celles-ci
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer au cours de celui-ci qui proviennent de la prestatio internes en vertu de lʼarticle 29.2 de cette loi et de de la vente de produits d’information, de la percep de l’octroi de baux, de licences ou d’autres autoris
a) les services de recherche, les services d’anal fiques;
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Postes b) les relevés hydrologiques; c) les services de réglementation;
d) les services de surveillance, notamment les a des sables bitumineux;
e) les droits d’accès à des biens immeubles féd fédéraux; f) les permis;
g) les services relatifs à des biens immeubles fé fédéraux, notamment l’octroi de baux de surfac lières et gazières et l’octroi de licences autorisa
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’ d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un payable annuellement ou au prorata pour toute pé arrondi à la centaine de dollars inférieure en applic Loi sur le Parlement du Canada 5
– Dépenses en capital
– Autorisation de faire des paiements aux provinces de contributions aux travaux de construction entre tions
– Autorisation de faire des avances recouvrables ne frais de projets conjoints assumée par des organis ganismes de l’extérieur, y compris les dépenses fa n’appartenant pas au gouvernement fédéral 10
– Subventions inscrites à tout budget des dépenses p
– Contributions, y compris celles aux pays en dévelo tilatéral pour l’application du Protocole de Montréa ments en argent ou de fourniture de biens, d’équip 15
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Intervention en matièr Canada », annoncée dans le budget du 19 mars 20 mettre l’octroi de nouvelles subventions ou l’augm toute subvention prévue dans un budget des dépe la mesure où il n’est pas pourvu par ailleurs aux d l’augmentation du crédit
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Veiller à une meilleure tion pour la gestion des catastrophes », annoncée 2019, notamment pour permettre l’octroi de nouve mentation du montant de toute subvention prévue penses pour l’exercice, dans la mesure où il n’est p dépenses découlant de l’augmentation du crédit
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Mise en œuvre d’un sy fédéral pour le carbone », annoncée dans le budge ment pour permettre l’octroi de nouvelles subvent montant de toute subvention prévue dans un budg l’exercice, dans la mesure où il n’est pas pourvu p découlant de l’augmentation du crédit
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Des collectivités arctiq miques », annoncée dans le budget du 19 mars 20 mettre l’octroi de nouvelles subventions ou l’augm toute subvention prévue dans un budget des dépe la mesure où il n’est pas pourvu par ailleurs aux d l’augmentation du crédit
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No du crédit
Postes MINISTÈRE DE L’INDUSTRIE Department of Industry
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re celui-ci qui proviennent de ce qui suit :
a) la prestation de services de soutien internes cette loi et de services de soutien internes à l’O lectuelle du Canada;
b) les activités liées aux recherches sur les com recherches sur les communications;
c) les services et la procédure d’insolvabilité, au et l’insolvabilité, au Bureau du surintendant des
d) les activités de Corporations Canada au titre les sociétés par actions, de la Loi sur les chamb canadienne sur les coopératives et de la Loi can tions à but non lucratif;
e) les services et la procédure réglementaire au pour les fusions et toute chose s’y rapportant, y ables à une fusion, les certificats de décision pr tatifs au titre de la Loi sur la concurrence.
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’ d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un payable annuellement ou au prorata pour toute pé arrondi à la centaine de dollars inférieure en applic Loi sur le Parlement du Canada 5 10
– Dépenses en capital
– Subventions inscrites à tout budget des dépenses p – Contributions
L15
– Paiements effectués en vertu du paragraphe 14(2) d de l’Industrie
L20
– Prêts effectués en vertu de l’alinéa 14(1)a) de la Loi dustrie
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Accès au service Intern tous les Canadiens », annoncée dans le budget du pour permettre l’octroi de nouvelles subventions o tant de toute subvention prévue dans un budget d cice, dans la mesure où il n’est pas pourvu par aill lant de l’augmentation du crédit
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Donner des compétenc Canadiens », annoncée dans le budget du 19 mars permettre l’octroi de nouvelles subventions ou l’au de toute subvention prévue dans un budget des dé dans la mesure où il n’est pas pourvu par ailleurs a l’augmentation du crédit
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Préparatifs pour une n nologie sans fil », annoncée dans le budget du 19 m pour permettre l’octroi de nouvelles subventions o tant de toute subvention prévue dans un budget d cice, dans la mesure où il n’est pas pourvu par aill lant de l’augmentation du crédit
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No du crédit
Postes
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Protéger les infrastruct Canada contre les cybermenaces », annoncée dans 2019, notamment pour permettre l’octroi de nouve mentation du montant de toute subvention prévue penses pour l’exercice, dans la mesure où il n’est p dépenses découlant de l’augmentation du crédit
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Protéger la sécurité na noncée dans le budget du 19 mars 2019, notamme de nouvelles subventions ou l’augmentation du m prévue dans un budget des dépenses pour l’exerci n’est pas pourvu par ailleurs aux dépenses découl crédit
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Soutenir l’innovation d gazier par la collaboration », annoncée dans le bud tamment pour permettre l’octroi de nouvelles subv du montant de toute subvention prévue dans un b l’exercice, dans la mesure où il n’est pas pourvu p découlant de l’augmentation du crédit
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Appuyer la relation jur peuples autochtones », annoncée dans le budget d ment pour permettre l’octroi de nouvelles subvent montant de toute subvention prévue dans un budg l’exercice, dans la mesure où il n’est pas pourvu p découlant de l’augmentation du crédit
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Appuyer la nouvelle gé neurs », annoncée dans le budget du 19 mars 2019 mettre l’octroi de nouvelles subventions ou l’augm toute subvention prévue dans un budget des dépe la mesure où il n’est pas pourvu par ailleurs aux d l’augmentation du crédit
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Soutenir les travaux de lieu des affaires et l’enseignement supérieur », ann 19 mars 2019, notamment pour permettre l’octroi ou l’augmentation du montant de toute subvention des dépenses pour l’exercice, dans la mesure où il ailleurs aux dépenses découlant de l’augmentation
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Lancement d’une strat et le tourisme (FedNor) », annoncée dans le budge ment pour permettre l’octroi de nouvelles subvent montant de toute subvention prévue dans un budg l’exercice, dans la mesure où il n’est pas pourvu p découlant de l’augmentation du crédit
MINISTÈRE DES AFFAIRES ÉTRANGÈRES, DU COMM DÉVELOPPEMENT Department of Foreign Affairs, Trade and Develop 1
– Dépenses de fonctionnement, y compris celles liée sentants du Canada à l’étranger, à leur personnel e par le gouvernement canadien au personnel d’org
– Autorisation de faire des avances recouvrables à d naux jusqu’à concurrence de la valeur des actions organismes
– Dépenses relatives aux locaux de l’Organisation de nale
2015-2016-2017-2018-2019
Chapter 21: Appropriation Act No. 2, 2019–20 SCHEDULE 1 (French)
No du crédit
Postes
– Autorisation dʼeffectuer des dépenses recouvrables résidents canadiens qui se trouvent en difficulté à personnes à charge, et pour rapatrier ces personne
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer au cours de celui-ci qui proviennent de ce qui suit a) les foires commerciales et éducatives; b) les publications ministérielles; c) la prestation des services suivants :
(i) la formation offerte par l’Institut canadien
(ii) les missions commerciales et autres serv commerce international,
(iii) les services de développement des inves
(iv) les services de télécommunication intern
(v) les autres services fournis à l’étranger à d nismes, sociétés d’État et autres organisatio (vi) les services consulaires spécialisés.
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’ d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un payable annuellement ou au prorata pour toute pé arrondi à la centaine de dollars inférieure en applic Loi sur le Parlement du Canada 5 10
– Dépenses en capital
– Subventions inscrites à tout budget des dépenses p
– Contributions, y compris les paiements à d’autres fi ture de biens et de services pour :
a) la promotion du commerce et de l’investisse
b) l’aide humanitaire internationale et l’aide fou té internationale, le développement internation 15
– Paiements effectués dans le cadre :
a) de programmes de pension, d’assurance et d d’autres ententes pour les employés recrutés su Canada;
b) de l’administration de ces programmes ou e primes, contributions, avantages, frais et autres les employés recrutés sur place à l’extérieur du personnes déterminées par le Conseil du Tréso 20
– Aide financière fournie par le ministre des Affaires tion avec le ministre des Finances, à titre de contri nancières internationales pour l’exercice 2019-202 paragraphe 12(2) de la Loi d’aide au développeme tions financières), ne dépasse pas 232 491 748 $
L25
– Achat d’actions d’institutions financières internatio 2019-2020 pour une somme d’au plus 11 713 307 $ 17 000 000 $ CAN —, effectué en conformité avec l Loi d’aide au développement international (institut l’aide financière fournie par le ministre des Affaire tion avec le ministre des Finances
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Administration des no accords de libre-échange et aux mesures de sauve cée dans le budget du 19 mars 2019, notamment p
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Chapter 21: Appropriation Act No. 2, 2019–20 SCHEDULE 1 (French)
No du crédit
Postes
nouvelles subventions ou l’augmentation du mont prévue dans un budget des dépenses pour l’exerci n’est pas pourvu par ailleurs aux dépenses découl crédit 35
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Protéger la sécurité na noncée dans le budget du 19 mars 2019, notamme de nouvelles subventions ou l’augmentation du m prévue dans un budget des dépenses pour l’exerci n’est pas pourvu par ailleurs aux dépenses découl crédit
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Protéger la démocratie get du 19 mars 2019, notamment pour permettre l ventions ou l’augmentation du montant de toute s budget des dépenses pour l’exercice, dans la mesu par ailleurs aux dépenses découlant de l’augmenta
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Renouveler la Stratégi Orient », annoncée dans le budget du 19 mars 201 mettre l’octroi de nouvelles subventions ou l’augm toute subvention prévue dans un budget des dépe la mesure où il n’est pas pourvu par ailleurs aux d l’augmentation du crédit
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Renforcer le leadership l’Arctique », annoncée dans le budget du 19 mars 2 mettre l’octroi de nouvelles subventions ou l’augm toute subvention prévue dans un budget des dépe la mesure où il n’est pas pourvu par ailleurs aux d l’augmentation du crédit
MINISTÈRE DES AFFAIRES INDIENNES ET DU NORD Department of Indian Affairs and Northern Develo 1
– Dépenses de fonctionnement
– Dépenses relatives aux ouvrages, bâtiments et mat
– Autorisation d’effectuer des dépenses — recouvrab travaux effectués sur des propriétés n’appartenant déral et aux services fournis à l’égard de celles-ci
– Autorisation d’affecter des fonds dans le cadre d’ac grès économique des Indiens et des Inuits, relative capacité des Indiens et des Inuits et à l’approvision en matériel
– Autorisation de vendre de l’électricité, conforméme vées par le gouverneur en conseil, aux consomma liers vivant dans des centres éloignés lorsque ces aux sources alternatives locales d’approvisionnem
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer au cours de celui-ci qui proviennent de la prestatio internes en vertu de l’article 29.2 de cette loi
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’ d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un payable annuellement ou au prorata pour toute pé arrondi à la centaine de dollars inférieure en applic Loi sur le Parlement du Canada
2015-2016-2017-2018-2019
Chapter 21: Appropriation Act No. 2, 2019–20 SCHEDULE 1 (French)
No du crédit 5
Postes – Dépenses en capital
– Dépenses relatives aux bâtiments, ouvrages, terrai tion, le contrôle et la propriété peuvent être transfé
a) soit aux gouvernements provinciaux, selon l par le gouverneur en conseil;
b) soit à des bandes indiennes ou à des Indiens lier, à la discrétion du ministre des Affaires indi dien.
– Dépenses relatives aux bâtiments, ouvrages, terrai l’égard de propriétés n’appartenant pas au gouver
– Autorisation d’effectuer des dépenses recouvrables passant pas la part des frais assumés par les gouv pour des routes et ouvrages connexes 10
– Subventions inscrites à tout budget des dépenses p – Contributions
L15
– Prêts à des revendicateurs autochtones, conformém prouvées par le gouverneur en conseil, pour le pai aux revendications autochtones (recherche, négoc cuments)
L20
– Prêts à des premières nations de la Colombie-Brita participer au processus de la Commission des trait nique
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Faire progresser la réc revendications particulières », annoncée dans le bu tamment pour permettre l’octroi de nouvelles subv du montant de toute subvention prévue dans un b l’exercice, dans la mesure où il n’est pas pourvu p découlant de l’augmentation du crédit
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Amélioration des cons tochtones et de la capacité de soutien », annoncée 2019, notamment pour permettre l’octroi de nouve mentation du montant de toute subvention prévue penses pour l’exercice, dans la mesure où il n’est p dépenses découlant de l’augmentation du crédit
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Honorer les enfants dis annoncée dans le budget du 19 mars 2019, notamm troi de nouvelles subventions ou l’augmentation d vention prévue dans un budget des dépenses pou où il n’est pas pourvu par ailleurs aux dépenses dé du crédit
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Jeunes autochtones et dans le budget du 19 mars 2019, notamment pour velles subventions ou l’augmentation du montant vue dans un budget des dépenses pour l’exercice, pas pourvu par ailleurs aux dépenses découlant de
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Plus de branchement = dable », annoncée dans le budget du 19 mars 2019 mettre l’octroi de nouvelles subventions ou l’augm toute subvention prévue dans un budget des dépe la mesure où il n’est pas pourvu par ailleurs aux d l’augmentation du crédit
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Appuyer le développem tochtones », annoncée dans le budget du 19 mars permettre l’octroi de nouvelles subventions ou l’au
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Chapter 21: Appropriation Act No. 2, 2019–20 SCHEDULE 1 (French)
No du crédit
Postes
de toute subvention prévue dans un budget des dé dans la mesure où il n’est pas pourvu par ailleurs a l’augmentation du crédit 55
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Des collectivités arctiq miques », annoncée dans le budget du 19 mars 20 mettre l’octroi de nouvelles subventions ou l’augm toute subvention prévue dans un budget des dépe la mesure où il n’est pas pourvu par ailleurs aux d l’augmentation du crédit MINISTÈRE DES ANCIENS COMBATTANTS Department of Veterans Affairs
– Dépenses de fonctionnement
– Dépenses afférentes à l’entretien des biens immeu pris celles relatives à des travaux de génie et de re n’ajoutent aucune valeur tangible au bien ainsi qu assurances et services publics
– Sous réserve de l’approbation du gouverneur en co rentes :
a) aux travaux de réparation nécessaires sur de vertu de contrats particuliers à prix ferme et ve Loi sur les terres destinées aux anciens combat V-4), afin de corriger des défectuosités dont ni l trepreneur ne peuvent être tenus financièremen
b) à tout autre travail qui s’impose sur d’autres garder le droit ou l’intérêt que le directeur poss priétés.
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’ d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un payable annuellement ou au prorata pour toute pé arrondi à la centaine de dollars inférieure en applic Loi sur le Parlement du Canada 5
– Subventions inscrites à tout budget des dépenses p inscrit à chacune des subventions pouvant être mo probation du Conseil du Trésor – Contributions
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Soutenir les familles d dans le budget du 19 mars 2019, notamment pour velles subventions ou l’augmentation du montant vue dans un budget des dépenses pour l’exercice, pas pourvu par ailleurs aux dépenses découlant de
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Commémorer les vété cée dans le budget du 19 mars 2019, notamment p nouvelles subventions ou l’augmentation du mont prévue dans un budget des dépenses pour l’exerci n’est pas pourvu par ailleurs aux dépenses découl crédit
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Centre Juno Beach », a du 19 mars 2019, notamment pour permettre l’octr tions ou l’augmentation du montant de toute subv budget des dépenses pour l’exercice, dans la mesu par ailleurs aux dépenses découlant de l’augmenta
2015-2016-2017-2018-2019
Chapter 21: Appropriation Act No. 2, 2019–20 SCHEDULE 1 (French)
No du crédit
Postes
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Rendre hommage aux cée dans le budget du 19 mars 2019, notamment p nouvelles subventions ou l’augmentation du mont prévue dans un budget des dépenses pour l’exerci n’est pas pourvu par ailleurs aux dépenses découl crédit
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Soutenir la recherche s et des vétérans », annoncée dans le budget du 19 m pour permettre l’octroi de nouvelles subventions o tant de toute subvention prévue dans un budget d cice, dans la mesure où il n’est pas pourvu par aill lant de l’augmentation du crédit
– Autorisation donnée au Conseil du Trésor d’augmen Ministère, pour l’initiative « Soutenir les vétérans à sition vers la vie civile après le service », annoncée mars 2019, notamment pour permettre l’octroi de l’augmentation du montant de toute subvention pr dépenses pour l’exercice, dans la mesure où il n’es aux dépenses découlant de l’augmentation du créd
MINISTÈRE DES FEMMES ET DE L’ÉGALITÉ DES GEN Department for Women and Gender Equality 1
– Dépenses de fonctionnement
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’ d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un payable annuellement ou au prorata pour toute pé arrondi à la centaine de dollars inférieure en applic Loi sur le Parlement du Canada 5
– Subventions inscrites à tout budget des dépenses p – Contributions
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Favoriser l’égalité des budget du 19 mars 2019, notamment pour permet subventions ou l’augmentation du montant de tou un budget des dépenses pour l’exercice, dans la m vu par ailleurs aux dépenses découlant de l’augme MINISTÈRE DES FINANCES Department of Finance
– Dépenses du programme – Contributions
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer au cours de celui-ci qui proviennent de la prestatio internes en vertu de l’article 29.2 de cette loi
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’ d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un payable annuellement ou au prorata pour toute pé arrondi à la centaine de dollars inférieure en applic Loi sur le Parlement du Canada
2015-2016-2017-2018-2019
Chapter 21: Appropriation Act No. 2, 2019–20 SCHEDULE 1 (French)
No du crédit
Postes
– Aide financière fournie par le ministre des Finances nale de développement, en vertu du paragraphe 8 de Bretton Woods et des accords connexes, sous f n’excédant pas, au total, 441 620 000 $ pour l’exerc
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Créer un conseil de go la consommation en matière du Canada », annonc mars 2019, notamment pour permettre l’octroi de l’augmentation du montant de toute subvention pr dépenses pour l’exercice, dans la mesure où il n’es aux dépenses découlant de l’augmentation du créd
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Protéger les régimes d annoncée dans le budget du 19 mars 2019, notamm troi de nouvelles subventions ou l’augmentation d vention prévue dans un budget des dépenses pou où il n’est pas pourvu par ailleurs aux dépenses dé du crédit
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Renforcer le régime ca recyclage des produits de la criminalité et le financ ristes », annoncée dans le budget du 19 mars 2019 mettre l’octroi de nouvelles subventions ou l’augm toute subvention prévue dans un budget des dépe la mesure où il n’est pas pourvu par ailleurs aux d l’augmentation du crédit MINISTÈRE DES PÊCHES ET DES OCÉANS Department of Fisheries and Oceans
– Dépenses de fonctionnement
– Participation du Canada aux dépenses des commis pêches
– Autorisation de fournir gratuitement des locaux au nales des pêches
– Autorisation de faire des avances recouvrables équ la quote-part de ces commissions dans les program
– Autorisation de faire des avances recouvrables pou et d’arrimage et d’autres services de la marine ma ticuliers, à des organismes indépendants et à d’au avec l’exercice de sa compétence en matière de na aides à la navigation et à la navigation maritime
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re celui-ci qui proviennent de ce qui suit : a) les activités de la Garde côtière canadienne; b) la prestation de services de soutien internes cette loi.
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’ d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un payable annuellement ou au prorata pour toute pé arrondi à la centaine de dollars inférieure en applic Loi sur le Parlement du Canada 5
– Dépenses en capital
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Chapter 21: Appropriation Act No. 2, 2019–20 SCHEDULE 1 (French)
No du crédit
Postes
– Autorisation de faire des paiements aux provinces, autorités locales ou privées à titre de contributions construction entrepris par ces administrations ou a
– Autorisation d’acheter des bateaux de pêche comm 10
– Subventions inscrites à tout budget des dépenses p – Contributions
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Intervention en matièr Canada », annoncée dans le budget du 19 mars 20 mettre l’octroi de nouvelles subventions ou l’augm toute subvention prévue dans un budget des dépe la mesure où il n’est pas pourvu par ailleurs aux d l’augmentation du crédit
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Pêches et Océans Cana réconciliation », annoncée dans le budget du 19 m permettre l’octroi de nouvelles subventions ou l’au de toute subvention prévue dans un budget des dé dans la mesure où il n’est pas pourvu par ailleurs a l’augmentation du crédit MINISTÈRE DES RESSOURCES NATURELLES Department of Natural Resources
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re celui-ci qui proviennent de ce qui suit :
a) la vente de produits d’information et de prod
b) la délivrance de licences, de permis et de cer sur les explosifs et du Règlement de 2013 sur le c) la formation et les attestations de formation ment visés à l’alinéa b);
d) la perception, dans le cadre des activités du services de recherche, de consultation, d’évalua nistration et pour l’accès à des travaux de reche e) la prestation de services de soutien internes la Loi sur la gestion des finances publiques.
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’ d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un payable annuellement ou au prorata pour toute pé arrondi à la centaine de dollars inférieure en applic Loi sur le Parlement du Canada 5 10
– Dépenses en capital
– Subventions inscrites à tout budget des dépenses p – Contributions
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Encourager les Canadi à émission zéro », annoncée dans le budget du 19 pour permettre l’octroi de nouvelles subventions o tant de toute subvention prévue dans un budget d cice, dans la mesure où il n’est pas pourvu par aill lant de l’augmentation du crédit
2015-2016-2017-2018-2019
Chapter 21: Appropriation Act No. 2, 2019–20 SCHEDULE 1 (French)
No du crédit
Postes
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Mobiliser les commun cadre de grands projets de ressources », annoncée mars 2019, notamment pour permettre l’octroi de l’augmentation du montant de toute subvention pr dépenses pour l’exercice, dans la mesure où il n’es aux dépenses découlant de l’augmentation du créd
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Veiller à une meilleure tion pour la gestion des catastrophes », annoncée 2019, notamment pour permettre l’octroi de nouve mentation du montant de toute subvention prévue penses pour l’exercice, dans la mesure où il n’est p dépenses découlant de l’augmentation du crédit
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Améliorer l’informatio dienne », annoncée dans le budget du 19 mars 201 mettre l’octroi de nouvelles subventions ou l’augm toute subvention prévue dans un budget des dépe la mesure où il n’est pas pourvu par ailleurs aux d l’augmentation du crédit
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Protéger les infrastruct Canada contre les cybermenaces », annoncée dans 2019, notamment pour permettre l’octroi de nouve mentation du montant de toute subvention prévue penses pour l’exercice, dans la mesure où il n’est p dépenses découlant de l’augmentation du crédit
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Des collectivités arctiq miques », annoncée dans le budget du 19 mars 20 mettre l’octroi de nouvelles subventions ou l’augm toute subvention prévue dans un budget des dépe la mesure où il n’est pas pourvu par ailleurs aux d l’augmentation du crédit
MINISTÈRE DES SERVICES AUX AUTOCHTONES CAN Department of Indigenous Services Canada 1
– Dépenses de fonctionnement
– Dépenses relatives aux ouvrages, bâtiments et mat
– Autorisation d’effectuer des dépenses — recouvrab travaux effectués sur des propriétés n’appartenant déral et aux services fournis à l’égard de celles-ci
– Autorisation d’affecter des fonds dans le cadre d’ac grès économique des Indiens et des Inuits, relative capacité des Indiens et des Inuits et à l’approvision en matériel
– Autorisation de vendre de l’électricité, conforméme vées par le gouverneur en conseil, aux consomma liers vivant dans des centres éloignés lorsque ces aux sources alternatives locales d’approvisionnem
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer au cours de celui-ci qui proviennent de ce qui suit
a) la prestation de services ou la vente de produ tection de la santé et aux services médicaux; b) la prestation de services de soutien internes cette loi.
2015-2016-2017-2018-2019
Chapter 21: Appropriation Act No. 2, 2019–20 SCHEDULE 1 (French)
No du crédit
Postes
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’ d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un payable annuellement ou au prorata pour toute pé arrondi à la centaine de dollars inférieure en applic Loi sur le Parlement du Canada 5
– Dépenses en capital
– Dépenses relatives aux bâtiments, ouvrages, terrai tion, le contrôle et la propriété peuvent être transfé
a) soit aux gouvernements provinciaux, selon l par le gouverneur en conseil;
b) soit à des bandes indiennes ou à des Indiens lier, à la discrétion du ministre d’État portant le vices aux Autochtones.
– Dépenses relatives aux bâtiments, ouvrages, terrai l’égard de propriétés n’appartenant pas au gouver
– Autorisation d’effectuer des dépenses recouvrables passant pas la part des frais assumés par les gouv pour des routes et ouvrages connexes 10
– Subventions inscrites à tout budget des dépenses p – Contributions, sous forme de paiements en argent ou de services
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « De meilleurs renseigne meilleurs services », annoncée dans le budget du 1 pour permettre l’octroi de nouvelles subventions o tant de toute subvention prévue dans un budget d cice, dans la mesure où il n’est pas pourvu par aill lant de l’augmentation du crédit
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Poursuivre la mise en dan », annoncée dans le budget du 19 mars 2019, n l’octroi de nouvelles subventions ou l’augmentatio subvention prévue dans un budget des dépenses p sure où il n’est pas pourvu par ailleurs aux dépens tation du crédit
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Soutien à la gouvernan Nations », annoncée dans le budget du 19 mars 20 mettre l’octroi de nouvelles subventions ou l’augm toute subvention prévue dans un budget des dépe la mesure où il n’est pas pourvu par ailleurs aux d l’augmentation du crédit
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Veiller à une meilleure tion pour la gestion des catastrophes », annoncée 2019, notamment pour permettre l’octroi de nouve mentation du montant de toute subvention prévue penses pour l’exercice, dans la mesure où il n’est p dépenses découlant de l’augmentation du crédit
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Sur la bonne voie pour tion d’eau dans les réserves », annoncée dans le b tamment pour permettre l’octroi de nouvelles subv du montant de toute subvention prévue dans un b l’exercice, dans la mesure où il n’est pas pourvu p découlant de l’augmentation du crédit
2015-2016-2017-2018-2019
Chapter 21: Appropriation Act No. 2, 2019–20 SCHEDULE 1 (French)
No du crédit
Postes
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Améliorer l’aide à l’aut longue durée », annoncée dans le budget du 19 ma permettre l’octroi de nouvelles subventions ou l’au de toute subvention prévue dans un budget des dé dans la mesure où il n’est pas pourvu par ailleurs a l’augmentation du crédit
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Améliorer l’interventio les réserves », annoncée dans le budget du 19 mar permettre l’octroi de nouvelles subventions ou l’au de toute subvention prévue dans un budget des dé dans la mesure où il n’est pas pourvu par ailleurs a l’augmentation du crédit
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Des endroits sûrs et ac tones en milieu urbain », annoncée dans le budget ment pour permettre l’octroi de nouvelles subvent montant de toute subvention prévue dans un budg l’exercice, dans la mesure où il n’est pas pourvu p découlant de l’augmentation du crédit
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Soutenir les études po tones », annoncée dans le budget du 19 mars 2019 mettre l’octroi de nouvelles subventions ou l’augm toute subvention prévue dans un budget des dépe la mesure où il n’est pas pourvu par ailleurs aux d l’augmentation du crédit
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Soutenir les enfants in budget du 19 mars 2019, notamment pour permet subventions ou l’augmentation du montant de tou un budget des dépenses pour l’exercice, dans la m vu par ailleurs aux dépenses découlant de l’augme
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Soutenir la Stratégie n suicide chez les Inuits », annoncée dans le budget ment pour permettre l’octroi de nouvelles subvent montant de toute subvention prévue dans un budg l’exercice, dans la mesure où il n’est pas pourvu p découlant de l’augmentation du crédit MINISTÈRE DES TRANSPORTS Department of Transport
– Dépenses de fonctionnement
– Autorisation d’engager des dépenses pour des bien dans le cadre de l’exercice d’une compétence en m
– Autorisation de payer des commissions pour le rec vertu de la Loi sur l’aéronautique
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re celui-ci qui proviennent notamment de la prestatio internes en vertu de l’article 29.2 de cette loi
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’ d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un payable annuellement ou au prorata pour toute pé arrondi à la centaine de dollars inférieure en applic Loi sur le Parlement du Canada
2015-2016-2017-2018-2019
Chapter 21: Appropriation Act No. 2, 2019–20 SCHEDULE 1 (French)
No du crédit
Postes
– Dépenses en capital
Subventions et contributions — Réseau de transport e
– Subventions inscrites à tout budget des dépenses p – Contributions 15
Subventions et contributions — Réseau de transport é
– Subventions inscrites à tout budget des dépenses p – Contributions 20
Subventions et contributions — Réseau de transport s
– Subventions inscrites à tout budget des dépenses p – Contributions 25
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Intégrer l’innovation à noncée dans le budget du 19 mars 2019, notamme de nouvelles subventions ou l’augmentation du m prévue dans un budget des dépenses pour l’exerci n’est pas pourvu par ailleurs aux dépenses découl crédit
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Intervention en matièr Canada », annoncée dans le budget du 19 mars 20 mettre l’octroi de nouvelles subventions ou l’augm toute subvention prévue dans un budget des dépe la mesure où il n’est pas pourvu par ailleurs aux d l’augmentation du crédit
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Offrir un meilleur servi port aérien », annoncée dans le budget du 19 mars permettre l’octroi de nouvelles subventions ou l’au de toute subvention prévue dans un budget des dé dans la mesure où il n’est pas pourvu par ailleurs a l’augmentation du crédit
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Encourager les Canadi à émission zéro », annoncée dans le budget du 19 pour permettre l’octroi de nouvelles subventions o tant de toute subvention prévue dans un budget d cice, dans la mesure où il n’est pas pourvu par aill lant de l’augmentation du crédit
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Protéger les infrastruct Canada contre les cybermenaces », annoncée dans 2019, notamment pour permettre l’octroi de nouve mentation du montant de toute subvention prévue penses pour l’exercice, dans la mesure où il n’est p dépenses découlant de l’augmentation du crédit
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Transport routier et fer noncée dans le budget du 19 mars 2019, notamme de nouvelles subventions ou l’augmentation du m prévue dans un budget des dépenses pour l’exerci n’est pas pourvu par ailleurs aux dépenses découl crédit
MINISTÈRE DES TRAVAUX PUBLICS ET DES SERVICE Department of Public Works and Government Serv 1
– Dépenses de fonctionnement pour la prestation de caux et de services communs et centraux
2015-2016-2017-2018-2019
Chapter 21: Appropriation Act No. 2, 2019–20 SCHEDULE 1 (French)
No du crédit
Postes
– Autorisation d’effectuer des dépenses recouvrables Régime de pensions du Canada, de la Loi sur l’ass sur l’administration des biens saisis
– Autorisation de dépenser les recettes perçues au co viennent de la prestation de services de gestion de communs et centraux
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re celui-ci qui proviennent notamment de la prestatio internes en vertu de l’article 29.2 de cette loi
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’ d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un payable annuellement ou au prorata pour toute pé arrondi à la centaine de dollars inférieure en applic Loi sur le Parlement du Canada 5
– Dépenses en capital, y compris les dépenses relativ que des biens fédéraux
– Autorisation d’effectuer des remboursements à des fédéraux ou de biens réels fédéraux relativement à ci autorisées par le ministre des Travaux publics e mentaux 10
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Programme de certific fits », annoncée dans le budget du 19 mars 2019, n l’octroi de nouvelles subventions ou l’augmentatio subvention prévue dans un budget des dépenses p sure où il n’est pas pourvu par ailleurs aux dépens tation du crédit
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « S’assurer que les fonct paiement qui convient », annoncée dans le budget ment pour permettre l’octroi de nouvelles subvent montant de toute subvention prévue dans un budg l’exercice, dans la mesure où il n’est pas pourvu p découlant de l’augmentation du crédit
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Améliorer les points de de la capitale du Canada », annoncée dans le budg tamment pour permettre l’octroi de nouvelles subv du montant de toute subvention prévue dans un b l’exercice, dans la mesure où il n’est pas pourvu p découlant de l’augmentation du crédit
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Projet de transformatio té industrielle », annoncée dans le budget du 19 m permettre l’octroi de nouvelles subventions ou l’au de toute subvention prévue dans un budget des dé dans la mesure où il n’est pas pourvu par ailleurs a l’augmentation du crédit
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Maintien des niveaux d des marchandises contrôlées », annoncée dans le notamment pour permettre l’octroi de nouvelles su tion du montant de toute subvention prévue dans pour l’exercice, dans la mesure où il n’est pas pou penses découlant de l’augmentation du crédit
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Financement des imm
2015-2016-2017-2018-2019
Chapter 21: Appropriation Act No. 2, 2019–20 SCHEDULE 1 (French)
No du crédit
Postes
annoncée dans le budget du 19 mars 2019, notamm troi de nouvelles subventions ou l’augmentation d vention prévue dans un budget des dépenses pou où il n’est pas pourvu par ailleurs aux dépenses dé du crédit 40
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Travaux de réparation mobiliers », annoncée dans le budget du 19 mars 2 mettre l’octroi de nouvelles subventions ou l’augm toute subvention prévue dans un budget des dépe la mesure où il n’est pas pourvu par ailleurs aux d l’augmentation du crédit MINISTÈRE DU PATRIMOINE CANADIEN Department of Canadian Heritage
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re celui-ci qui proviennent de ce qui suit :
a) les activités de l’Institut canadien de conserv d’information sur le patrimoine et du Bureau de audiovisuels canadiens;
b) les activités afférentes au programme « Expé c) la prestation de services de soutien internes cette loi.
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’ d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un payable annuellement ou au prorata pour toute pé arrondi à la centaine de dollars inférieure en applic Loi sur le Parlement du Canada 5
– Subventions inscrites à tout budget des dépenses p – Contributions
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Assurer la sécurité et l tif », annoncée dans le budget du 19 mars 2019, no l’octroi de nouvelles subventions ou l’augmentatio subvention prévue dans un budget des dépenses p sure où il n’est pas pourvu par ailleurs aux dépens tation du crédit
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Élargir le soutien pour ments culturels », annoncée dans le budget du 19 pour permettre l’octroi de nouvelles subventions o tant de toute subvention prévue dans un budget d cice, dans la mesure où il n’est pas pourvu par aill lant de l’augmentation du crédit
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Inclusion des Canadien suelle ou autre déficience de lecture des imprimés get du 19 mars 2019, notamment pour permettre l ventions ou l’augmentation du montant de toute s budget des dépenses pour l’exercice, dans la mesu par ailleurs aux dépenses découlant de l’augmenta
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Adopter une nouvelle racisme », annoncée dans le budget du 19 mars 20
2015-2016-2017-2018-2019
Chapter 21: Appropriation Act No. 2, 2019–20 SCHEDULE 1 (French)
No du crédit
Postes
permettre l’octroi de nouvelles subventions ou l’au de toute subvention prévue dans un budget des dé dans la mesure où il n’est pas pourvu par ailleurs a l’augmentation du crédit 30
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Journée nationale de v annoncée dans le budget du 19 mars 2019, notamm troi de nouvelles subventions ou l’augmentation d vention prévue dans un budget des dépenses pou où il n’est pas pourvu par ailleurs aux dépenses dé du crédit
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Protéger la démocratie get du 19 mars 2019, notamment pour permettre l ventions ou l’augmentation du montant de toute s budget des dépenses pour l’exercice, dans la mesu par ailleurs aux dépenses découlant de l’augmenta
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Préserver, promouvoir autochtones », annoncée dans le budget du 19 ma permettre l’octroi de nouvelles subventions ou l’au de toute subvention prévue dans un budget des dé dans la mesure où il n’est pas pourvu par ailleurs a l’augmentation du crédit MUSÉE CANADIEN DE LA NATURE Canadian Museum of Nature
– Paiements au Musée pour les dépenses de fonction en capital MUSÉE CANADIEN DE L’HISTOIRE Canadian Museum of History
– Paiements au Musée pour les dépenses de fonction en capital MUSÉE CANADIEN DE L’IMMIGRATION DU QUAI 21 Canadian Museum of Immigration at Pier 21
– Paiements au Musée pour les dépenses de fonction en capital MUSÉE CANADIEN DES DROITS DE LA PERSONNE Canadian Museum for Human Rights
– Paiements au Musée pour les dépenses de fonction en capital MUSÉE DES BEAUX-ARTS DU CANADA National Gallery of Canada
– Paiements au Musée pour les dépenses de fonction en capital
– Paiements au Musée à l’égard de l’acquisition d’ob Musée et des frais connexes
MUSÉE NATIONAL DES SCIENCES ET DE LA TECHNO National Museum of Science and Technology 1
– Paiements au Musée pour les dépenses de fonction en capital
2015-2016-2017-2018-2019
Chapter 21: Appropriation Act No. 2, 2019–20 SCHEDULE 1 (French)
No du crédit
Postes OFFICE DES TRANSPORTS DU CANADA Canadian Transportation Agency
– Dépenses du programme OFFICE NATIONAL DE L’ÉNERGIE National Energy Board
– Dépenses du programme – Contributions
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re celui-ci qui proviennent de la prestation de service vertu de l’article 29.2 de cette loi 5
– Autorisation donnée au Conseil du Trésor d’augme lʼOffice, pour l’initiative « Coûts de transition pour l’énergie », annoncée dans le budget du 19 mars 2 mettre l’octroi de nouvelles subventions ou l’augm toute subvention prévue dans un budget des dépe la mesure où il n’est pas pourvu par ailleurs aux d l’augmentation du crédit OFFICE NATIONAL DU FILM National Film Board
– Dépenses du programme REGISTRAIRE DE LA COUR SUPRÊME DU CANADA Registrar of the Supreme Court of Canada
– Dépenses du programme
SECRÉTARIAT DES CONFÉRENCES INTERGOUVERNE CANADIENNES Canadian Intergovernmental Conference Secretari 1
– Dépenses du programme
SECRÉTARIAT DU COMITÉ DES PARLEMENTAIRES S NATIONALE ET LE RENSEIGNEMENT Secretariat of the National Security and Intelligenc Parliamentarians 1
– Dépenses du programme SECRÉTARIAT DU CONSEIL DU TRÉSOR Treasury Board Secretariat
– Dépenses du programme
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re celui-ci qui proviennent de la prestation de service vertu de l’article 29.2 de cette loi et de ses autres a
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’ d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un payable annuellement ou au prorata pour toute pé arrondi à la centaine de dollars inférieure en applic Loi sur le Parlement du Canada
2015-2016-2017-2018-2019
Chapter 21: Appropriation Act No. 2, 2019–20 SCHEDULE 1 (French)
No du crédit 5
Postes Dépenses éventuelles du gouvernement
– Autorisation donnée au Conseil du Trésor d’augme
– Autorisation donnée au Conseil du Trésor de payer urgentes ou imprévues — auxquelles il n’est pas p tamment pour lʼoctroi de nouvelles subventions ou mentation du montant de toute subvention prévue penses pour l’exercice, dans la mesure où ces dép mandat du ministère ou de l’organisme pour leque
– Autorisation de réemployer les sommes affectées à d’autres crédits et versées au présent crédit 10
Initiatives pangouvernementales
– Autorisation donnée au Conseil du Trésor d’augme pour l’exercice, pour appuyer la mise en œuvre d’i l’administration publique fédérale en matière de g 20
Assurances de la fonction publique
– À l’égard de tout ou partie de la fonction publique sonnes déterminées par le Conseil du Trésor, paie cadre des programmes d’assurance, de pension, d d’autres ententes — ou de l’administration de ces —, notamment au titre des primes, contributions, a autres dépenses
– Autorisation d’affecter tous revenus ou toutes autr le cadre des programmes d’assurance, de pension d’autres ententes :
a) pour compenser notamment les primes, con ciaux, frais et autres dépenses liés à ces progra
b) pour rembourser les employés admissibles, graphe 96(3) de la Loi sur l’assurance-emploi, p retenues. 25
Report du budget de fonctionnement
– Autorisation donnée au Conseil du Trésor d’augme pour l’exercice en raison du report de tout budget l’exercice précédent 30
Besoins en matière de rémunération
– Autorisation donnée au Conseil du Trésor d’augme pour l’exercice pour : a) des prestations parentales et de maternité;
b) des versements liés à la cessation de service
c) des rajustements apportés aux modalités de l’administration publique fédérale, notamment Canada, et des membres des Forces canadienn vus par le crédit 15, Rajustements à la rémunér 35
Report du budget des dépenses en capital
– Autorisation donnée au Conseil du Trésor d’augme pour l’exercice en raison du report de tout budget l’exercice précédent 45
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Promouvoir l’égalité en dans le budget du 19 mars 2019, notamment pour velles subventions ou l’augmentation du montant vue dans un budget des dépenses pour l’exercice, pas pourvu par ailleurs aux dépenses découlant de
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « S’assurer que les fonct paiement qui convient », annoncée dans le budget ment pour permettre l’octroi de nouvelles subvent
2015-2016-2017-2018-2019
Chapter 21: Appropriation Act No. 2, 2019–20 SCHEDULE 1 (French)
No du crédit
Postes
montant de toute subvention prévue dans un budg l’exercice, dans la mesure où il n’est pas pourvu p découlant de l’augmentation du crédit 55
– Autorisation donnée au Conseil du Trésor d’augme Ministère, pour l’initiative « Modifications apportée taires de la fonction publique fédérale », annoncée mars 2019, notamment pour permettre l’octroi de l’augmentation du montant de toute subvention pr dépenses pour l’exercice, dans la mesure où il n’es aux dépenses découlant de l’augmentation du créd SÉNAT Senate
– Dépenses du programme, notamment les paiemen des bureaux des sénateurs et le versement d’une a président du Sénat au lieu de la mise à sa disposit – Contributions
– Autorisation de dépenser les recettes perçues au co viennent de ses activités
SERVICE ADMINISTRATIF DES TRIBUNAUX JUDICIA Courts Administration Service 1
– Dépenses du programme
– Autorisation donnée au Conseil du Trésor d’augme lʼorganisation, pour l’initiative « Accroître l’intégrit tème d’octroi de l’asile du Canada », annoncée dan 2019, notamment pour permettre l’octroi de nouve mentation du montant de toute subvention prévue penses pour l’exercice, dans la mesure où il n’est p dépenses découlant de l’augmentation du crédit
– Autorisation donnée au Conseil du Trésor d’augme lʼorganisation, pour l’initiative « Soutien à la presta termédiaire du Service administratif des tribunaux dans le budget du 19 mars 2019, notamment pour velles subventions ou l’augmentation du montant vue dans un budget des dépenses pour l’exercice, pas pourvu par ailleurs aux dépenses découlant de
SERVICE CANADIEN D’APPUI AUX TRIBUNAUX ADM Administrative Tribunals Support Service of Canad 1
– Dépenses du programme
– Autorisation d’effectuer des dépenses recouvrables Régime de pensions du Canada et de la Loi sur l’as 5
– Autorisation donnée au Conseil du Trésor d’augme lʼorganisation, pour l’initiative « Régler les différen sécurité du revenu plus rapidement et facilement » du 19 mars 2019, notamment pour permettre l’octr tions ou l’augmentation du montant de toute subv budget des dépenses pour l’exercice, dans la mesu par ailleurs aux dépenses découlant de l’augmenta
SERVICE CANADIEN DU RENSEIGNEMENT DE SÉCU Canadian Security Intelligence Service 1
– Dépenses du programme
– Autorisation donnée au Conseil du Trésor d’augme lʼorganisation, pour l’initiative « Accroître l’intégrit tème d’octroi de l’asile du Canada », annoncée dan 2019, notamment pour permettre l’octroi de nouve
2015-2016-2017-2018-2019
Chapter 21: Appropriation Act No. 2, 2019–20 SCHEDULE 1 (French)
No du crédit
Postes
l’augmentation du montant de toute subvention pr dépenses pour l’exercice, dans la mesure où il n’es aux dépenses découlant de l’augmentation du créd 10
– Autorisation donnée au Conseil du Trésor d’augme lʼorganisation, pour l’initiative « Aider les voyageu noncée dans le budget du 19 mars 2019, notamme de nouvelles subventions ou l’augmentation du m prévue dans un budget des dépenses pour l’exerci n’est pas pourvu par ailleurs aux dépenses découl crédit
– Autorisation donnée au Conseil du Trésor d’augme lʼorganisation, pour l’initiative « Protéger la sécurit annoncée dans le budget du 19 mars 2019, notamm troi de nouvelles subventions ou l’augmentation d vention prévue dans un budget des dépenses pou où il n’est pas pourvu par ailleurs aux dépenses dé du crédit
– Autorisation donnée au Conseil du Trésor d’augme lʼorganisation, pour l’initiative « Protection des dro nadiens », annoncée dans le budget du 19 mars 20 mettre l’octroi de nouvelles subventions ou l’augm toute subvention prévue dans un budget des dépe la mesure où il n’est pas pourvu par ailleurs aux d l’augmentation du crédit
– Autorisation donnée au Conseil du Trésor d’augme lʼorganisation, pour l’initiative « Renouveler la Stra Moyen-Orient », annoncée dans le budget du 19 m permettre l’octroi de nouvelles subventions ou l’au de toute subvention prévue dans un budget des dé dans la mesure où il n’est pas pourvu par ailleurs a l’augmentation du crédit SERVICE CORRECTIONNEL DU CANADA Correctional Service of Canada
– Dépenses de fonctionnement
– Subventions inscrites à tout budget des dépenses p – Contributions
– Autorisation de verser à la Caisse de bienfaisance d rés, au cours de l’exercice, des activités des détenu caisse
– Autorisation d’exploiter des cantines dans les étab verser les recettes, au cours de l’exercice, à la Cais tenus
– Paiements, selon les conditions fixées par le gouve
a) aux détenus libérés aux prises avec une inca de leur participation aux activités normales dan raux ou pour le compte de tels détenus;
b) aux personnes à charge de détenus — libéré suite de leur participation à de telles activités.
– Autorisation au ministre de la Sécurité publique et sous réserve de l’approbation du gouverneur en co tente avec le gouvernement de toute province en v
a) de l’incarcération, dans les établissements de sonnes condamnées ou transférées dans un pé b) de l’indemnisation afférente à l’entretien de
c) du paiement des frais de construction et d’au établissements. 5
– Dépenses en capital, notamment les paiements :
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Chapter 21: Appropriation Act No. 2, 2019–20 SCHEDULE 1 (French)
No du crédit
Postes
a) aux collectivités autochtones, au sens de l’ar tème correctionnel et la mise en liberté sous co cord visé à l’article 81 de cette loi et prévoyant correctionnels;
b) aux organisations à but non lucratif prenant tionnelles communautaires, aux provinces et au contributions pour leurs travaux de constructio 10
– Autorisation donnée au Conseil du Trésor d’augme lʼorganisation, pour l’initiative « Soutien au Service Canada », annoncée dans le budget du 19 mars 20 mettre l’octroi de nouvelles subventions ou l’augm toute subvention prévue dans un budget des dépe la mesure où il n’est pas pourvu par ailleurs aux d l’augmentation du crédit SERVICE DE PROTECTION PARLEMENTAIRE Parliamentary Protective Service
– Dépenses du programme
– Autorisation de dépenser les recettes perçues au co viennent de ses activités SERVICES PARTAGÉS CANADA Shared Services Canada 1
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice pour technologie de l’information au titre de la Loi sur S les recettes perçues au cours de celui-ci qui provie ces services 5
– Dépenses en capital
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses en capital engagées au cours de cet exer au cours de celui-ci qui proviennent de la prestatio gie de l’information au titre de la Loi sur Services p 10
– Autorisation donnée au Conseil du Trésor d’augme lʼorganisation, pour l’initiative « Rendre les milieux ment fédéral plus accessibles », annoncée dans le notamment pour permettre l’octroi de nouvelles su tion du montant de toute subvention prévue dans pour l’exercice, dans la mesure où il n’est pas pou penses découlant de l’augmentation du crédit SOCIÉTÉ CANADIENNE DES POSTES Canada Post Corporation
– Paiements à la Société à des fins spéciales
SOCIÉTÉ CANADIENNE D’HYPOTHÈQUES ET DE LOG Canada Mortgage and Housing Corporation 1
– Paiements à la Société visant à la rembourser pour elle sur les prêts consentis, les subventions et con penses contractées, les pertes subies et les frais et cas : a) au titre de la Loi nationale sur l’habitation;
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Chapter 21: Appropriation Act No. 2, 2019–20 SCHEDULE 1 (French)
No du crédit
Postes
b) dans le cadre des attributions qui lui sont co fédérale et qu’elle exerce en conformité avec la dienne d’hypothèques et de logement. 5
– Autorisation donnée au Conseil du Trésor d’augme la Société, pour l’initiative « Élargir l’initiative Finan de logements locatifs », annoncée dans le budget d ment pour permettre l’octroi de nouvelles subvent montant de toute subvention prévue dans un budg l’exercice, dans la mesure où il n’est pas pourvu p découlant de l’augmentation du crédit
– Autorisation donnée au Conseil du Trésor d’augme la Société, pour l’initiative « Instaurer l’incitatif pou mière habitation », annoncée dans le budget du 19 pour permettre l’octroi de nouvelles subventions o tant de toute subvention prévue dans un budget d cice, dans la mesure où il n’est pas pourvu par aill lant de l’augmentation du crédit SOCIÉTÉ DU CENTRE NATIONAL DES ARTS National Arts Centre Corporation
– Paiements à la Société pour les dépenses de foncti SOCIÉTÉ RADIO-CANADA Canadian Broadcasting Corporation
– Paiements à la Société pour les dépenses de foncti
– Paiements à la Société pour le fonds de roulement
– Paiements à la Société pour les dépenses en capita
STATION CANADIENNE DE RECHERCHE DANS L’EXT Canadian High Arctic Research Station 1
– Dépenses du programme
– Subventions inscrites à tout budget des dépenses p – Contributions STATISTIQUE CANADA Statistics Canada 1
– Dépenses du programme
– Subventions inscrites à tout budget des dépenses p
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer au cours de celui-ci qui proviennent notamment de de soutien internes en vertu de l’article 29.2 de cet 5
– Autorisation donnée au Conseil du Trésor d’augme lʼAgence, pour l’initiative « Surveiller les achats de diens », annoncée dans le budget du 19 mars 2019 mettre l’octroi de nouvelles subventions ou l’augm toute subvention prévue dans un budget des dépe la mesure où il n’est pas pourvu par ailleurs aux d l’augmentation du crédit TÉLÉFILM CANADA Telefilm Canada
– Paiements à la société devant servir aux fins prévu Canada
2015-2016-2017-2018-2019
Chapter 21: Appropriation Act No. 2, 2019–20 SCHEDULE 1 (French)
No du crédit
Postes
TRIBUNAL DES ANCIENS COMBATTANTS (RÉVISION Veterans Review and Appeal Board 1
– Dépenses du programme VIA RAIL CANADA INC. VIA Rail Canada Inc.
– Paiements à la société pour les dépenses liées à sa
– Paiements à la société pour les dépenses en capita
– Paiements à la société en vue de la prestation d’un Canada, conformément aux contrats conclus en ve crédit 52d (Transports) de la Loi no 1 de 1977 porta
2015-2016-2017-2018-2019
Chapter 21: Appropriation Act No. 2, 2019–20 SCHEDULE 2
SCHEDULE 2
Based on the Main Estimates 2019–20, the amount granted is $4,9 in this Schedule ($6,596,384,195) less the total of the interim appr tion Act No. 1, 2019–20 ($1,649,096,051).
Sums granted to Her Majesty by this Act for the fiscal year endin following fiscal year ending March 31, 2021 and the purposes for w Vote No.
Items CANADA BORDER SERVICES AGENCY Agence des services frontaliers du Canada
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal
(a) fees, related to border operations, for the provisi of a facility or for a product, right or privilege; and (b) payments received under contracts entered into 5
– Capital expenditures CANADA REVENUE AGENCY Agence du revenu du Canada
– Operating expenditures – Contributions
– Authority to make recoverable expenditures in relation Canada Pension Plan and the Employment Insurance A 5
– Capital expenditures
– Authority to make recoverable expenditures in relation Canada Pension Plan and the Employment Insurance A PARKS CANADA AGENCY Agence Parcs Canada 1
– Program expenditures – Capital expenditures
– The grants listed in any of the Estimates for the fiscal y – Contributions, including
(a) expenditures on other than federal property; and
(b) payments to provinces and municipalities as con cost of undertakings carried out by those bodies 5
– Amounts credited to the New Parks and Historic Sites A specified in subsection 21(3) of the Parks Canada Agen
2015-2016-2017-2018-2019
Chapter 21: Appropriation Act No. 2, 2019–20 SCHEDULE 2 (French)
ANNEXE 2
D’après le Budget principal des dépenses 2019-2020, la somme acc figurant à la présente annexe (6 596 384 195 $), moins le total des crédits no1 pour 2019-2020 (1 649 096 051 $).
Sommes accordées par la présente loi à Sa Majesté pour l’exercice en cours et à l’exercice suivant se terminant le 31 mars 2021, et fin No du crédit
Postes AGENCE DES SERVICES FRONTALIERS DU CANADA Canada Border Services Agency
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Loi su publiques, d’affecter, au cours de l’exercice, à la compe gagées au cours de cet exercice, les recettes perçues a proviennent de ce qui suit :
a) les droits — liés aux activités à la frontière — per d’un service, l’utilisation d’une installation, l’achat d d’un droit ou d’un privilège;
b) les paiements reçus au titre de contrats conclus p 5
– Dépenses en capital AGENCE DU REVENU DU CANADA Canada Revenue Agency
– Dépenses de fonctionnement – Contributions
– Autorisation d’effectuer des dépenses recouvrables liée gime de pensions du Canada et de la Loi sur l’assuranc 5
– Dépenses en capital
– Autorisation d’effectuer des dépenses recouvrables liée gime de pensions du Canada et de la Loi sur l’assuranc AGENCE PARCS CANADA Parks Canada Agency 1
– Dépenses du programme – Dépenses en capital
– Subventions inscrites à tout budget des dépenses pour – Contributions, notamment :
a) les dépenses afférentes à des propriétés autres q ment fédéral;
b) les paiements aux provinces et aux municipalités l’égard des engagements assumés par ces dernière 5
– Sommes créditées au Compte des nouveaux parcs et li fins visées au paragraphe 21(3) de la Loi sur l’Agence P
Published under authority of the Speaker of the House of Commons 2015-2016-2017-2018-2019
Disponible sur le site Web de la Chambre des comm
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First Session, Forty-second Parliament, 64-65-66-67-68 Elizabeth II, 2015-2016-2017-2018-2019
STATUTES OF CANADA 2019
CHAPTER 25
An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts
ASSENTED TO JUNE 21, 2019 BILL C-75
SUMMARY This enactment amends the Criminal Code to, among other things, (a) modernize and clarify interim release provisions to simplify the forms of release that may be imposed on an accused, incorporate a principle of restraint and require that particular attention be given to the circumstances of Aboriginal accused and accused from vulnerable populations when making interim release decisions, and provide more onerous interim release requirements for offences involving violence against an intimate partner; (b) provide for a judicial referral hearing to deal with administration of justice offences involving a failure to comply with conditions of release or failure to appear as required; (c) abolish peremptory challenges of jurors, modify the process of challenging a juror for cause so that a judge makes the determination of whether a ground of challenge is true, and allow a judge to direct that a juror stand by for reasons of maintaining public confidence in the administration of justice; (d) increase the maximum term of imprisonment for repeat offences involving intimate partner violence and provide that abuse of an intimate partner is an aggravating factor on sentencing; (e) restrict the availability of a preliminary inquiry to offences punishable by imprisonment for a term of 14 years or more and strengthen the justice’s powers to limit the issues explored and witnesses to be heard at the inquiry; (f) hybridize most indictable offences punishable by a maximum penalty of 10 years or less, increase the default maximum penalty to two years less a day of imprisonment for summary conviction offences and extend the limitation period for summary conviction offences to 12 months; (g) remove the requirement for judicial endorsement for the execution of certain out-of-province warrants and authorizations, expand judicial case management powers, allow receiving routine police evidence in writing, consolidate provisions relating to the powers of the Attorney General and allow increased use of technology to facilitate remote attendance by any person in a proceeding; (h) re-enact the victim surcharge regime and provide the court with the discretion to waive a victim surcharge if the court is satisfied that the victim surcharge would cause the offender undue hardship or would be disproportionate to the gravity of the offence or the degree of responsibility of the offender; and (i) remove passages and repeal provisions that have been ruled unconstitutional by the Supreme Court of Canada, repeal section 159 of the Act and provide that no person shall be convicted of any historical offence of a sexual nature unless the act that constitutes the offence would constitute an offence under the Criminal Code if it were committed on the day on which the charge was laid.
i
Chapter 25: An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts SUMMARY
The enactment also amends the Youth Criminal Justice Act in order to reduce delays within the youth criminal justice system and enhance the effectiveness of that system with respect to administration of justice offences. For those purposes, the enactment amends that Act to, among other things, (a) set out principles intended to encourage the use of extrajudicial measures and judicial reviews as alternatives to the laying of charges for administration of justice offences; (b) set out requirements for imposing conditions on a young person’s release order or as part of a sentence; (c) limit the circumstances in which a custodial sentence may be imposed for an administration of justice offence; (d) remove the requirement for the Attorney General to determine whether to seek an adult sentence in certain circumstances; and (e) remove the power of a youth justice court to make an order to lift the ban on publication in the case of a young person who receives a youth sentence for a violent offence, as well as the requirement to determine whether to make such an order.
Finally, the enactment amends among other Acts An Act to amend the Criminal Code (exploitation and trafficking in persons) so that certain sections of that Act can come into force on different days and also makes consequential amendments to other Acts.
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ii
64-65-66-67-68 ELIZABETH II
CHAPTER 25 An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts
[Assented to 21st June, 2019] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: R.S., c. C-46
Criminal Code Amendments to the Act 2001, c. 41, s. 2(1); 2002, c. 7, s. 137(1); 2005, c. 40, s. 1(2) and s. 7; 2013, c. 13, s. 2(1); 2014, c. 23, s. 2; 2015, c. 3, s. 44(4)(E) and c. 20, s. 15(1)
1 (1) The definition Attorney General in section 2
of the Criminal Code is replaced by the following: Attorney General (a) with respect to proceedings to which this Act applies, means the Attorney General or Solicitor General of the province in which those proceedings are taken and includes his or her lawful deputy or, if those proceedings are referred to in subsection 2.3(1), the Attorney General of Canada or the Attorney General or Solicitor General of the province in which those proceedings are taken and includes the lawful deputy of any of them, (b) means the Attorney General of Canada and includes his or her lawful deputy with respect to (i) Yukon, the Northwest Territories and Nunavut,
or (ii) proceedings commenced at the instance of the
Government of Canada and conducted by or on behalf of that Government in respect of an offence under any Act of Parliament — other than this Act or the Canada Elections Act — or any regulation made under such an Act, and
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Chapter 25: An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts Criminal Code Amendments to the Act Sections 1-2
(c) means the Director of Public Prosecutions appointed under subsection 3(1) of the Director of Public Prosecutions Act with respect to proceedings in relation to an offence under the Canada Elections Act; (procureur général) (2) Section 2 of the Act is amended by adding the following in alphabetical order:
audioconference means any means of telecommunication that allows the judge or justice and any individual to communicate orally in a proceeding; (audioconférence) videoconference means any means of telecommunication that allows the judge, justice or chairperson of a Review Board, as defined in subsection 672.1(1), and any individual to engage in simultaneous visual and oral communication in a proceeding; (vidéoconférence)
(3) Section 2 of the Act is amended by adding the
following in alphabetical order: appearance notice means a notice in Form 9 issued by a peace officer; (citation à comparaître) intimate partner with respect to a person, includes their current or former spouse, common-law partner and dating partner; (partenaire intime) recognizance means a recognizance in Form 32 entered into before a judge or justice; (engagement) release order means an order in Form 11 made by a judge as defined in section 493 or a justice; (ordonnance de mise en liberté) summons means a summons in Form 6 issued by a judge or justice or by the chairperson of a Review Board as defined in subsection 672.1(1); (sommation) undertaking means, unless a contrary intention appears, an undertaking in Form 10 given to a peace officer; (promesse)
2 The Act is amended by adding the following after section 2.2:
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Chapter 25: An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts Criminal Code Amendments to the Act Section 2
Concurrent jurisdiction 2.3 (1) The proceedings for the purposes of paragraph
(a) of the definition Attorney General in section 2 are (a) proceedings in relation to an offence under subsection 7(2.01), (2.3) or (2.31) or section 57, 58, 83.12, 103, 104, 121.1, 380, 382, 382.1, 400, 424.1, 431.1, 467.11 or 467.111 or in relation to any terrorism offence; (b) proceedings in relation to an offence against a
member of United Nations personnel or associated personnel under section 235, 236, 266 to 269, 269.1, 271 to 273, 279 or 279.1; (c) proceedings in relation to an offence referred to in subsection 7(3.71) or in relation to an offence referred to in paragraph (a) of the definition terrorist activity in subsection 83.01(1) if the act or omission constituting the offence was committed outside Canada and is deemed under any of subsections 7(2), (2.1) to (2.21), (3), (3.1), (3.72) and (3.73) to have been committed in Canada; (d) proceedings in relation to an offence if the act or
omission constituting the offence is a terrorist activity referred to in paragraph (b) of the definition terrorist activity in subsection 83.01(1) and was committed outside Canada and is deemed by virtue of subsection 7(3.74) or (3.75) to have been committed in Canada; (e) a proceeding in relation to an offence under section 811 that arises out of a breach of a recognizance made under section 810.01 or 810.011, if he or she has given consent to the information referred to in those sections; and (f) proceedings under section 83.13, 83.14, 83.222, 83.223, 83.28, 83.29 or 83.3.
For greater certainty — Attorney General of Canada (2) For greater certainty, the Attorney General of Canada
or his or her lawful deputy may, in respect of an offence referred to in subsection (1) or an offence under any Act of Parliament — other than this Act or the Canada Elections Act — or any regulation made under such an Act, exercise all the powers and perform all the duties and functions assigned to the Attorney General by or under this Act, and those powers include the power to commence and to conduct (a) a proceeding for conspiring or attempting to commit such an offence or for being an accessory after the fact or counselling a person to be a party to such an offence;
2015-2016-2017-2018-2019
Chapter 25: An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts Criminal Code Amendments to the Act Sections 2-4
(b) a proceeding in relation to a criminal organization
offence that arises out of conduct that relates, in whole or in part, to any offence for which he or she has the power to commence and to conduct a proceeding; (c) a proceeding in relation to an offence referred to in section 354, 355.2, 355.4 or 462.31 that arises out of conduct that relates, in whole or in part, to any offence for which he or she has the power to commence and to conduct a proceeding or out of any act or omission that, if it had occurred in Canada, would have constituted such an offence; (d) a proceeding for the breach of any court order made in the course of a proceeding commenced or conducted by him or her; (e) a proceeding for the failure to comply with any
condition associated with the release of a person by a peace officer or other competent authority — including a condition to appear at a specified time and place — in relation to any offence for which he or she has the power to commence and to conduct a proceeding; and (f) any ancillary proceedings in relation to any offence for which he or she has the power to commence and to conduct a proceeding.
For greater certainty — Director of Public Prosecutions (3) For greater certainty, in respect of an offence under the Canada Elections Act, the Director of Public Prosecutions, subject to the Director of Public Prosecutions Act, exercises the powers and performs the duties and functions of the Attorney General of Canada referred to in subsection (2). 2002, c. 13, s. 2
3 Section 3.1 of the Act is renumbered as subsection 3.1(1) and is amended by adding the following:
Clerk of the court (2) Unless otherwise provided or ordered, if anything is done from the bench by a court, justice or judge and it is reduced to writing, the clerk of the court may sign the writing. 1999, c. 35, s. 11
4 (1) Subsection 7(2.32) of the Act is repealed.
2001, c. 27, s. 244; 2012, c. 1, s. 10; 2014, c. 25, s. 3
(2) Subsection 7(4.1) of the Act is replaced by the following:
2015-2016-2017-2018-2019
Chapter 25: An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts Criminal Code Amendments to the Act Sections 4-8
Offence in relation to sexual offences against children (4.1) Notwithstanding anything in this Act or any other Act, every one who, outside Canada, commits an act or omission that if committed in Canada would be an offence against section 151, 152, 153 or 155, subsection 160(2) or (3), section 163.1, 170, 171, 171.1, 172.1, 172.2 or 173 or subsection 286.1(2) shall be deemed to commit that act or omission in Canada if the person who commits the act or omission is a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act. 5 Section 20 of the Act is replaced by the following:
Certain acts on holidays valid 20 A warrant, summons, appearance notice, undertaking, release order or recognizance that is authorized by this Act may be executed, issued, given or entered into, as the case may be, on a holiday. 6 (1) The portion of subsection 52(1) of the Act
before paragraph (a) is replaced by the following: Sabotage 52 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years or is guilty of an offence punishable on summary conviction who does a prohibited act for a purpose prejudicial to (2) The portion of subsection 52(1) of the English version of the Act after paragraph (b) is repealed. 7 Subsection 57(3) of the Act is replaced by the following:
Possession of forged, etc., passport (3) Every person who, without lawful excuse, has in their possession a forged passport or a passport in respect of which an offence under subsection (2) has been committed is guilty of (a) an indictable offence and liable to imprisonment
for a term of not more than five years; or (b) an offence punishable on summary conviction. 8 (1) The portion of subsection 58(1) of the Act before paragraph (a) is replaced by the following:
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Chapter 25: An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts Criminal Code Amendments to the Act Sections 8-11
Fraudulent use of certificate of citizenship 58 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who, while in or outside Canada, (2) The portion of subsection 58(1) of the English
version of the Act after paragraph (b) is repealed. 9 (1) The portion of subsection 62(1) of the Act
before paragraph (a) is replaced by the following: Offences in relation to military forces 62 (1) Every person is guilty of an indictable offence and
liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who intentionally (2) The portion of subsection 62(1) of the English
version of the Act after paragraph (c) is repealed.
2013, c. 15, s. 2
10 Section 65 of the Act is replaced by the following:
Punishment of rioter 65 (1) Every person who takes part in a riot is guilty of (a) an indictable offence and liable to imprisonment
for a term of not more than two years; or (b) an offence punishable on summary conviction.
Concealment of identity (2) Every person who commits an offence under subsection (1) while wearing a mask or other disguise to conceal their identity without lawful excuse is guilty of (a) an indictable offence and liable to imprisonment
for a term of not more than 10 years; or (b) an offence punishable on summary conviction.
11 Section 69 of the Act is replaced by the following:
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Chapter 25: An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts Criminal Code Amendments to the Act Sections 11-15
Neglect by peace officer 69 A peace officer who receives notice that there is a riot
within their jurisdiction and, without reasonable excuse, fails to take all reasonable steps to suppress the riot is guilty of (a) an indictable offence and liable to imprisonment
for a term of not more than two years; or (b) an offence punishable on summary conviction. 12 Subsection 70(3) of the Act is replaced by the
following: Punishment (3) Every person who contravenes an order made under
this section is guilty of (a) an indictable offence and liable to imprisonment
for a term of not more than five years; or (b) an offence punishable on summary conviction.
R.S., c. 27 (1st Supp.), s. 11; 1992, c. 1, s. 58(1) (Sch. I, s. 2)
13 Paragraphs 73(a) and (b) of the Act are replaced by the following: (a) an indictable offence and liable to imprisonment
for a term of not more than two years; or (b) an offence punishable on summary conviction.
1997, c. 23, s. 2
14 Subsection 82(1) of the Act is replaced by the
following: Possession of explosive 82 (1) Every person who, without lawful excuse, makes
or has in their possession or under their care or control any explosive substance is guilty of (a) an indictable offence and liable to imprisonment
for a term of not more than five years; or (b) an offence punishable on summary conviction.
2001, c. 41, s. 4
15 (1) The portion of section 83.02 of the English
version of the Act before paragraph (a) is replaced by the following:
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Chapter 25: An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts Criminal Code Amendments to the Act Sections 15-18
Providing or collecting property for certain activities 83.02 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years who, directly or indirectly, wilfully and without lawful justification or excuse, provides or collects property intending that it be used or knowing that it will be used, in whole or in part, in order to carry out 2001, c. 41, s. 4
(2) The portion of section 83.02 of the English version of the Act after paragraph (b) is repealed.
2001, c. 41, s. 4
16 (1) The portion of section 83.03 of the English
version of the Act before paragraph (a) is replaced by the following: Providing, making available, etc., property or services for terrorist purposes 83.03 Every person is guilty of an indictable offence and
liable to imprisonment for a term of not more than 10 years who, directly or indirectly, collects property, provides or invites a person to provide, or makes available property or financial or other related services 2001, c. 41, s. 4
(2) The portion of section 83.03 of the English version of the Act after paragraph (b) is repealed.
2001, c. 41, s. 4
17 (1) The portion of section 83.04 of the English
version of the Act before paragraph (a) is replaced by the following: Using or possessing property for terrorist purposes 83.04 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years who 2001, c. 41, s. 4
(2) The portion of section 83.04 of the English version of the Act after paragraph (b) is repealed.
2001, c. 41, s. 4
18 (1) The portion of subsection 83.12(1) of the
English version of the Act before paragraph (a) is replaced by the following: Offences — freezing of property, disclosure or audit 83.12 (1) Every person who contravenes any of sections
83.08, 83.1 and 83.11 is guilty of an offence and liable
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Chapter 25: An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts Criminal Code Amendments to the Act Sections 18-22
2001, c. 41, s. 4
(2) Paragraphs 83.12(1)(a) and (b) of the Act are replaced by the following: (a) on conviction on indictment, to imprisonment for a term of not more than 10 years; or (b) on summary conviction, to a fine of not more than $100,000 or to imprisonment for a term of not more than two years less a day, or to both. 2001, c. 41, s. 4
19 Subsection 83.13(11) of the Act is replaced by
the following: Procedure (11) Subsections 462.32(4) and (6), sections 462.34 to 462.35 and 462.4, subsection 487(3) and section 488 apply, with any modifications that the circumstances require, to a warrant issued under paragraph (1)(a). Any peace officer who executes the warrant must have authority to act as a peace officer in the place where it is executed. 2001, c. 41, s. 4
20 Subsection 83.18(1) of the Act is replaced by
the following: Participation in activity of terrorist group 83.18 (1) Every person who knowingly participates in
or contributes to, directly or indirectly, any activity of a terrorist group for the purpose of enhancing the ability of any terrorist group to facilitate or carry out a terrorist activity is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years. 2013, c. 9, s. 6
21 Section 83.181 of the Act is replaced by the following: Leaving Canada to participate in activity of terrorist group 83.181 Every person who leaves or attempts to leave Canada, or goes or attempts to go on board a conveyance with the intent to leave Canada, for the purpose of committing an act or omission outside Canada that, if committed in Canada, would be an offence under subsection 83.18(1) is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years. 2013, c. 9, s. 9
22 (1) Subsection 83.23(1) of the Act is replaced
by the following:
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Chapter 25: An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts Criminal Code Amendments to the Act Sections 22-24
Concealing person who carried out terrorist activity 83.23 (1) Every person who knowingly harbours or conceals another person whom they know to be a person who has carried out a terrorist activity, for the purpose of enabling that other person to facilitate or carry out any terrorist activity, is guilty of (a) an indictable offence and liable to imprisonment
for a term of not more than 14 years, if the person who is harboured or concealed carried out a terrorist activity that is a terrorism offence for which that person is liable to imprisonment for life; and (b) an indictable offence and liable to imprisonment for a term of not more than 10 years, if the person who is harboured or concealed carried out a terrorist activity that is a terrorism offence for which that person is liable to any other punishment. (2) Subsection 83.23(2) of the English version of
the Act is replaced by the following: Concealing person who is likely to carry out terrorist activity (2) Every person who knowingly harbours or conceals
another person whom they know to be a person who is likely to carry out a terrorist activity, for the purpose of enabling that other person to facilitate or carry out any terrorist activity, is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years. 2004, c. 15, s. 32
23 Paragraph 83.231(3)(b) of the Act is replaced by the following: (b) an offence punishable on summary conviction.
2013, c. 9, s. 10
24 The portion of subsection 83.3(6) of the Act before paragraph (a) is replaced by the following:
When person to be taken before judge (6) Unless a peace officer is satisfied that a person
should be released from custody without conditions before their appearance before a provincial court judge in accordance with the rules in paragraph (a) or (b), and so releases the person, the person detained in custody shall be taken before a provincial court judge in accordance with the following rules:
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1995, c. 39, s. 139
25 Paragraph 95(2)(b) of the Act is replaced by the following: (b) is guilty of an offence punishable on summary conviction. 1995, c. 39, s. 139
26 Paragraph 96(2)(b) of the Act is replaced by the following: (b) is guilty of an offence punishable on summary conviction. 1995, c. 39, s. 139
27 Paragraph 102(2)(b) of the Act is replaced by the following: (b) is guilty of an offence punishable on summary conviction. 1995, c. 39, s. 139
28 Subsection 103(3) of the Act is repealed.
1995, c. 39, s. 139
29 Subsection 104(3) of the Act is repealed.
2015, c. 27, s. 30
30 Subparagraph 109(1)(a.1)(i) of the Act is replaced by the following: (i) the person’s intimate partner, 2015, c. 27, s. 31(2)
31 Paragraph 110(2.1)(a) of the Act is replaced by
the following: (a) the person’s intimate partner; 2015, c. 27, s. 32
32 Section 110.1 of the Act is repealed. 33 Subsection 121(3) of the Act is replaced by the following:
Punishment (3) Every person who commits an offence under this section is guilty of (a) an indictable offence and liable to imprisonment
for a term of not more than five years; or (b) an offence punishable on summary conviction.
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Chapter 25: An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts Criminal Code Amendments to the Act Sections 34-36
2014, c. 23, s. 3
34 (1) The portion of subsection 121.1(4) of the
French version of the Act before subparagraph (a)(i) is replaced by the following: Peine (4) Quiconque contrevient au paragraphe (1) est coupable : a) soit d’un acte criminel passible d’un emprisonnement maximal de cinq ans et, si la quantité de produits du tabac est égale ou supérieure à 10 000 cigarettes ou à 10 kg de tout autre produit du tabac, ou si celle de tabac en feuilles est égale ou supérieure à 10 kg : 2014, c. 23, s. 3
(2) Paragraph 121.1(4)(b) of the Act is replaced by the following: (b) is guilty of an offence punishable on summary
conviction. 35 Section 122 of the Act is replaced by the following: Breach of trust by public officer 122 Every official who, in connection with the duties of
their office, commits fraud or a breach of trust, whether or not the fraud or breach of trust would be an offence if it were committed in relation to a private person, is guilty of (a) an indictable offence and liable to imprisonment
for a term of not more than five years; or (b) an offence punishable on summary conviction.
2007, c. 13, s. 6
36 (1) The portion of subsection 123(1) of the Act
before paragraph (a) is replaced by the following: Municipal corruption 123 (1) Every person is guilty of an indictable offence
and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who directly or indirectly gives, offers or agrees to give or offer to a municipal official or to anyone for the benefit of a municipal official — or, being a municipal official, directly or indirectly demands, accepts or offers or agrees to accept from any person for themselves or another person — a loan, reward, advantage or benefit of any kind as consideration for the official
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2007, c. 13, s. 6
(2) The portion of subsection 123(2) of the Act before paragraph (a) is replaced by the following:
Influencing municipal official (2) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who influences or attempts to influence a municipal official to do anything mentioned in paragraphs (1)(a) to (d) by 37 (1) The portion of section 124 of the Act before paragraph (a) is replaced by the following:
Selling or purchasing office 124 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who (2) The portion of section 124 of the English version of the Act after paragraph (b) is repealed. 38 (1) The portion of section 125 of the Act before paragraph (a) is replaced by the following:
Influencing or negotiating appointments or dealing in offices 125 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who (2) The portion of section 125 of the English version of the Act after paragraph (c) is repealed. 39 Subsection 126(1) of the Act is replaced by the following:
Disobeying a statute 126 (1) Every person who, without lawful excuse, contravenes an Act of Parliament by intentionally doing anything that it forbids or by intentionally omitting to do anything that it requires to be done is, unless a punishment is expressly provided by law, guilty of
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(a) an indictable offence and liable to imprisonment
for a term of not more than two years; or (b) an offence punishable on summary conviction.
40 (1) The portion of section 128 of the Act before paragraph (a) is replaced by the following:
Misconduct of officers executing process 128 Every peace officer or coroner is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who, being entrusted with the execution of a process, intentionally (2) The portion of section 128 of the English version of the Act after paragraph (b) is repealed.
1999, c. 18, s. 93
41 Subsection 136(1.1) of the Act is replaced by
the following: Evidence in specific cases (1.1) Evidence given under section 714.1, 714.2 or 714.3 or under subsection 46(2) of the Canada Evidence Act or evidence or a statement given under an order made under section 22.2 of the Mutual Legal Assistance in Criminal Matters Act is deemed to be evidence given by a witness in a judicial proceeding for the purposes of subsection (1). 42 (1) The portion of section 138 of the Act before paragraph (a) is replaced by the following:
Offences relating to affidavits 138 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who (2) The portion of section 138 of the English version of the Act after paragraph (c) is repealed. 43 Subsection 139(2) of the Act is replaced by the
following:
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Idem (2) Every person who intentionally attempts in any manner other than a manner described in subsection (1) to obstruct, pervert or defeat the course of justice is guilty of (a) an indictable offence and liable to imprisonment
for a term of not more than 10 years; or (b) an offence punishable on summary conviction.
R.S., c. 27 (1st Supp.), s. 19
44 Subsection 141(1) of the Act is replaced by the
following: Compounding indictable offence 141 (1) Every person who asks for or obtains or agrees
to receive or obtain any valuable consideration for themselves or any other person by agreeing to compound or conceal an indictable offence is guilty of (a) an indictable offence and liable to imprisonment for a term of not more than two years; or (b) an offence punishable on summary conviction. 45 Section 142 of the Act is replaced by the following: Corruptly taking reward for recovery of goods 142 Every person who corruptly accepts any valuable consideration, directly or indirectly, under pretence or on account of helping any person to recover anything obtained by the commission of an indictable offence is guilty of (a) an indictable offence and liable to imprisonment
for a term of not more than five years; or (b) an offence punishable on summary conviction. 46 (1) The portion of section 144 of the Act before
paragraph (a) is replaced by the following:
Prison breach 144 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years or is guilty of an offence punishable on summary conviction who
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(2) The portion of section 144 of the English version of the Act after paragraph (b) is repealed.
R.S., c. 27 (1st Supp.), s. 20(1); 1997, c. 18, ss. 3(1) and (2); 2008, c. 18, s. 3
47 (1) Subsections 145(1) to (6) of the Act are replaced by the following: Escape and being at large without excuse 145 (1) Every person who escapes from lawful custody or who is, before the expiration of a term of imprisonment to which they were sentenced, at large in or outside Canada without lawful excuse, is guilty of (a) an indictable offence and liable to imprisonment
for a term of not more than two years; or (b) an offence punishable on summary conviction.
Failure to attend court or surrender (2) Every person is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years or is guilty of an offence punishable on summary conviction who, (a) is at large on a release order and who fails, without
lawful excuse, to attend court in accordance with the release order; (b) having appeared before a court, justice or judge, fails, without lawful excuse, to subsequently attend court as required by the court, justice or judge; or (c) fails to surrender themselves in accordance with an order of the court, justice or judge, as the case may be.
Failure to comply with appearance notice or summons (3) Every person who is named in an appearance notice
that has been confirmed by a justice under section 508 or who is served with a summons and who fails, without lawful excuse, to appear at the time and place stated in the notice or the summons, as the case may be, for the purposes of the Identification of Criminals Act, or to attend court in accordance with the notice or the summons, as the case may be, is guilty of (a) an indictable offence and liable to imprisonment for a term of not more than two years; or (b) an offence punishable on summary conviction.
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Failure to comply with undertaking (4) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or an offence punishable on summary conviction who, (a) is at large on an undertaking and who fails, without lawful excuse, to comply with a condition of that undertaking; or (b) is at large on an undertaking that has been confirmed by a justice under section 508 and who fails, without lawful excuse, to appear at the time and place stated in the undertaking for the purposes of the Identification of Criminals Act or to attend court in accordance with the undertaking.
Failure to comply with order (5) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years, or is guilty of an offence punishable on summary conviction, who (a) is at large on a release order and who fails, without
lawful excuse, to comply with a condition of that release order other than the condition to attend court; or (b) is bound to comply with an order under subsection 515(12), 516(2) or 522(2.1) and who fails, without lawful excuse, to comply with that order.
Not an excuse (6) For the purposes of subsections (3) and (4), it is not a
lawful excuse that an appearance notice or undertaking states defectively the substance of the alleged offence.
1992, c. 47, s. 68; 1994, c. 44, s. 8(3); 1996, c. 7, s. 38; 1997, c. 18, s. 3(3)
(2) Subsections 145(8) and (9) of the Act are replaced by the following: Election of Crown under Contraventions Act (8) For the purposes of paragraph (2)(a) and subsections
(3) to (5), it is a lawful excuse to fail to attend court in accordance with a summons, appearance notice, undertaking or release order, to comply with a condition of an undertaking or release order or to fail to appear at the time and place stated in a summons, an appearance notice or an undertaking for the purposes of the Identification of Criminals Act if — before the failure — the Attorney General, within the meaning of the Contraventions Act, makes an election under section 50 of that Act.
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Proof of certain facts by certificate (9) In any proceedings under subsections (2) to (4), a
certificate of the clerk of the court or a judge of the court before which the accused is alleged to have failed to attend or of the person in charge of the place at which it is alleged the accused failed to attend for the purposes of the Identification of Criminals Act is evidence of the statements contained in the certificate without proof of the signature or the official character of the person appearing to have signed the certificate if the certificate states that, (a) in the case of proceedings under subsection (2),
the accused failed to attend court as required by the release order or, having attended court, failed to subsequently attend court as required by the court, judge or justice or failed to surrender in accordance with an order of the court, judge or justice, as the case may be; (b) in the case of proceedings under subsection (3),
the accused was named in an appearance notice that was confirmed by a justice under section 508 and the accused failed to attend court in accordance with the notice or failed to appear at the time and place stated in the notice for the purposes of the Identification of Criminals Act, as the case may be; (c) in the case of proceedings under subsection (3), a
summons was issued to and served on the accused and the accused failed to attend court in accordance with the summons or failed to appear at the time and place stated in the summons for the purposes of the Identification of Criminals Act, as the case may be; and (d) in the case of proceedings under subsection (4), the accused was at large on an undertaking that was confirmed by a justice under section 508, and the accused failed to attend court in accordance with the undertaking or failed to appear at the time and place stated in the undertaking for the purposes of the Identification of Criminals Act, as the case may be. 48 (1) The portion of section 146 of the Act before
paragraph (a) is replaced by the following:
Permitting or assisting escape 146 Every person is guilty of an indictable offence and
liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who
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(2) The portion of section 146 of the English version of the Act after paragraph (c) is repealed. 49 (1) The portion of section 147 of the Act before
paragraph (a) is replaced by the following:
Rescue or permitting escape 147 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who (2) The portion of section 147 of the English version of the Act after paragraph (c) is repealed. 50 (1) The portion of section 148 of the Act before paragraph (a) is replaced by the following:
Assisting prisoner of war to escape 148 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who knowingly (2) The portion of section 148 of the English version of the Act after paragraph (b) is repealed.
R.S., c. 19 (3rd Supp.), s. 1; 2014, c. 25, s. 4
51 Subsection 150.1(5) of the Act is replaced by
the following: Idem (5) It is not a defence to a charge under section 153, 170,
171 or 172 or subsection 286.1(2), 286.2(2) or 286.3(2) that the accused believed that the complainant was 18 years of age or more at the time the offence is alleged to have been committed unless the accused took all reasonable steps to ascertain the age of the complainant.
1998, c. 9, s. 2
52 (1) Subsection 153.1(1) of the French version of the Act is replaced by the following:
Personnes en situation d’autorité 153.1 (1) Toute personne qui est en situation d’autorité
ou de confiance vis-à-vis d’une personne ayant une déficience mentale ou physique ou à l’égard de laquelle celleci est en situation de dépendance et qui, à des fins d’ordre sexuel, engage ou incite la personne handicapée à
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la toucher, à se toucher ou à toucher un tiers, sans son consentement, directement ou indirectement, avec une partie du corps ou avec un objet est coupable : a) soit d’un acte criminel passible d’un emprisonnement maximal de cinq ans; b) soit d’une infraction punissable sur déclaration de
culpabilité par procédure sommaire. 1998, c. 9, s. 2
(2) Paragraph 153.1(1)(b) of the English version of the Act is replaced by the following: (b) an offence punishable on summary conviction. 53 The Act is amended by adding the following after section 155:
Historical offences 156 No person shall be convicted of any sexual offence
under this Act as it read from time to time before January 4, 1983 unless the conduct alleged would be an offence under this Act if it occurred on the day on which the charge was laid. R.S., c. 19 (3rd Supp.), s. 3
54 Section 159 of the Act is repealed. 2005, c. 32, s. 5(2); 2012, c. 1, s. 16(2); 2014, c. 25, par. 5(1)(a) and (b)
55 (1) Paragraph 161(1.1)(a) of the Act is replaced
by the following: (a) an offence under section 151, 152 or 155, subsection 160(2) or (3), section 163.1, 170, 171, 171.1, 172.1 or 172.2, subsection 173(2), section 271, 272, 273 or 279.011, subsection 279.02(2) or 279.03(2), section 280 or 281 or subsection 286.1(2), 286.2(2) or 286.3(2);
2015, c. 23, s. 6
(2) Paragraph 161(4)(b) of the Act is replaced by
the following: (b) an offence punishable on summary conviction.
2015, c. 23, s. 33
56 Paragraph 162.2(4)(b) of the Act is replaced by the following: (b) an offence punishable on summary conviction. 57 Subsection 172(1) of the Act is replaced by the
following:
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Corrupting children 172 (1) Every person who, in the home of a child, participates in adultery or sexual immorality or indulges in habitual drunkenness or any other form of vice, and by doing so endangers the morals of the child or renders the home an unfit place for the child to be in, is guilty of (a) an indictable offence and liable to imprisonment for a term of not more than two years; or (b) an offence punishable on summary conviction.
2012, c. 1, s. 23
58 Paragraph 173(1)(b) of the Act is replaced by
the following: (b) is guilty of an offence punishable on summary
conviction. 59 (1) The portion of subsection 176(1) of the Act
before paragraph (a) is replaced by the following: Obstructing or violence to or arrest of officiating clergyman 176 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who (2) The portion of subsection 176(1) of the English version of the Act after paragraph (b) is repealed.
R.S., c. 19 (3rd Supp.), s. 8
60 Section 179 of the Act is repealed. 61 (1) The portion of subsection 180(1) of the Act before paragraph (a) is replaced by the following:
Common nuisance 180 (1) Every person is guilty of an indictable offence
and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who commits a common nuisance and by doing so (2) The portion of subsection 180(1) of the English version of the Act after paragraph (b) is repealed. 62 Section 181 of the Act is repealed.
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63 (1) The portion of section 182 of the Act before paragraph (a) is replaced by the following:
Dead body 182 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who (2) The portion of section 182 of the English version of the Act after paragraph (b) is repealed. 63.1 Subparagraph (a)(xxxiv) of the definition offence in section 183 of the Act is repealed. 64 Subsection 184(1) of the Act is replaced by the
following: Interception 184 (1) Every person who, by means of any electromagnetic, acoustic, mechanical or other device, knowingly intercepts a private communication is guilty of (a) an indictable offence and liable to imprisonment
for a term of not more than five years; or (b) an offence punishable on summary conviction.
1993, c. 40, s. 4
65 Subsection 184.5(1) of the Act is replaced by the following:
Interception of radio-based telephone communications 184.5 (1) Every person who intercepts, by means of any
electro-magnetic, acoustic, mechanical or other device, maliciously or for gain, a radio-based telephone communication, if the originator of the communication or the person intended by the originator of the communication to receive it is in Canada, is guilty of (a) an indictable offence and liable to imprisonment
for a term of not more than five years; or (b) an offence punishable on summary conviction.
1993, c. 40, s. 9
66 Section 188.1 of the Act is replaced by the following:
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Execution in Canada 188.1 An authorization given under section 184.2, 184.3, 186 or 188 may be executed at any place in Canada. Any peace officer who executes the authorization must have authority to act as a peace officer in the place where it is executed. 67 Subsection 191(1) of the Act is replaced by the following:
Possession, etc. 191 (1) Every person who possesses, sells or purchases any electro-magnetic, acoustic, mechanical or other device or any component of it knowing that its design renders it primarily useful for surreptitious interception of private communications is guilty of (a) an indictable offence and liable to imprisonment
for a term of not more than two years; or (b) an offence punishable on summary conviction. 68 Subsection 193(1) of the Act is replaced by the following:
Disclosure of information 193 (1) If a private communication has been intercepted by means of an electro-magnetic, acoustic, mechanical or other device without the consent, express or implied, of the originator of that communication or of the person intended by the originator to receive it, every person commits an offence who, without the express consent of the originator of that communication or of the person intended to receive it, knowingly (a) uses or discloses the private communication or any part of it or the substance, meaning or purpose of it or of any part of it, or (b) discloses the existence of the private communication.
Punishment (1.1) Every person who commits an offence under subsection (1) is guilty of (a) an indictable offence and liable to imprisonment
for a term of not more than two years; or (b) an offence punishable on summary conviction.
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1993, c. 40, s. 12
69 The portion of subsection 193.1(1) of the Act
before paragraph (a) is replaced by the following: Disclosure of information received from interception of radio-based telephone communications 193.1 (1) Every person who knowingly uses or discloses a radio-based telephone communication or who knowingly discloses the existence of such a communication is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction, if 69.1 (1) The definition common bawdy-house in
subsection 197(1) of the Act is repealed. (2) The definition disorderly house in subsection
197(1) of the Act is replaced by the following: disorderly house means a common betting house or a common gaming house; (maison de désordre) 69.2 (1) Subsection 199(1) of the Act is replaced by the following:
Warrant to search 199 (1) A justice who is satisfied by information on oath
that there are reasonable grounds to believe that an offence under section 201, 202, 203, 206 or 207 is being committed at any place within the jurisdiction of the justice may issue a warrant authorizing a peace officer to enter and search the place by day or night and seize anything found in that place that may be evidence that an offence under section 201, 202, 203, 206 or 207, as the case may be, is being committed at that place, and to take into custody all persons who are found in or at that place and requiring those persons and things to be brought before that justice or before another justice having jurisdiction, to be dealt with according to law. (2) Subsection 199(6) of the Act is replaced by the
following: Telephones exempt from seizure (6) Nothing in this section or in section 489 authorizes the seizure, forfeiture or destruction of telephone, telegraph or other communication facilities or equipment that may be evidence of or that may have been used in the commission of an offence under section 201, 202, 203, 206 or 207 and that is owned by a person engaged in providing telephone, telegraph or other communication
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service to the public or forming part of the telephone, telegraph or other communication service or system of that person.
70 Subsection 201(1) of the Act is replaced by the following:
Keeping gaming or betting house 201 (1) Every person who keeps a common gaming
house or common betting house is guilty of (a) an indictable offence and liable to imprisonment
for a term of not more than two years; or (b) an offence punishable on summary conviction. 71 The portion of subsection 206(1) of the Act before paragraph (a) is replaced by the following:
Offence in relation to lotteries and games of chance 206 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who 72 Section 209 of the Act is replaced by the following: Cheating at play 209 Every person who, with intent to defraud any person, cheats while playing a game or in holding the stakes for a game or in betting is guilty of (a) an indictable offence and liable to imprisonment
for a term of not more than two years; or (b) an offence punishable on summary conviction. 73 The heading before section 210 and sections 210 and 211 of the Act are repealed. 2005, c. 32, s. 11
74 Paragraph 215(3)(b) of the Act is replaced by
the following: (b) is guilty of an offence punishable on summary
conviction. 2005, c. 32, s. 12
75 Paragraph 218(b) of the Act is replaced by the
following:
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(b) is guilty of an offence punishable on summary
conviction. 76 Section 221 of the Act is replaced by the following: Causing bodily harm by criminal negligence 221 Every person who by criminal negligence causes bodily harm to another person is guilty of (a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or (b) an offence punishable on summary conviction. 77 Paragraph 229(c) of the Act is replaced by the
following: (c) if a person, for an unlawful object, does anything
that they know is likely to cause death, and by doing so causes the death of a human being, even if they desire to effect their object without causing death or bodily harm to any human being. R.S., c. 27 (1st Supp.), s. 40(2) (Sch. I, item 2); 1991, c. 4, s. 1
78 Section 230 of the Act is repealed. 79 Section 237 of the Act is replaced by the following: Punishment for infanticide 237 Every female person who commits infanticide is
guilty of (a) an indictable offence and liable to imprisonment for a term of not more than five years; or (b) an offence punishable on summary conviction.
2016, c. 3, s. 3
80 Section 241.3 of the Act is replaced by the following: Failure to comply with safeguards 241.3 A medical practitioner or nurse practitioner who,
in providing medical assistance in dying, knowingly fails to comply with all of the requirements set out in paragraphs 241.2(3)(b) to (i) and subsection 241.2(8) is guilty of (a) an indictable offence and liable to imprisonment for a term of not more than five years; or
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(b) an offence punishable on summary conviction.
2016, c. 3, s. 3
81 Subsection 241.4(3) of the Act is replaced by
the following: Punishment (3) Everyone who commits an offence under subsection
(1) or (2) is guilty of (a) an indictable offence and liable to imprisonment for a term of not more than five years; or (b) an offence punishable on summary conviction. 82 Sections 242 and 243 of the Act are replaced by
the following: Neglect to obtain assistance in childbirth 242 A female person who, being pregnant and about to
be delivered, with intent that the child shall not live or with intent to conceal the birth of the child, fails to make provision for reasonable assistance in respect of her delivery is, if the child is permanently injured as a result of the failure or dies immediately before, during or in a short time after birth, as a result of the failure, guilty of (a) an indictable offence and liable to imprisonment for a term of not more than five years; or (b) an offence punishable on summary conviction.
Concealing body of child 243 Every person who in any manner disposes of the dead body of a child, with intent to conceal the fact that its mother has been delivered of it, whether the child died before, during or after birth, is guilty of (a) an indictable offence and liable to imprisonment
for a term of not more than two years; or (b) an offence punishable on summary conviction.
2016, c. 3, s. 6
83 Subsection 245(1) of the Act is replaced by the
following:
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Administering noxious thing 245 (1) Every person who administers or causes to be administered to any other person or causes any other person to take poison or any other destructive or noxious thing is guilty (a) of an indictable offence and liable to imprisonment for a term of not more than 14 years, if they did so with intent to endanger the life of or to cause bodily harm to that person; or (b) of an indictable offence and liable to imprisonment for a term of not more than two years or of an offence punishable on summary conviction, if they did so with intent to aggrieve or annoy that person.
2004, c. 12, s. 6
84 (1) The portion of subsection 247(1) of the Act
before paragraph (a) is replaced by the following: Traps likely to cause bodily harm 247 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who with intent to cause death or bodily harm to a person, whether ascertained or not,
2004, c. 12, s. 6
(2) Subsections 247(2) and (3) of the Act are replaced by the following:
Bodily harm (2) Every person who commits an offence under subsection (1), and by doing so causes bodily harm to any other person, is guilty of (a) an indictable offence and liable to imprisonment
for a term of not more than 10 years; or (b) an offence punishable on summary conviction.
Offence-related place (3) Every person who commits an offence under subsection (1), in a place kept or used for the purpose of committing another indictable offence, is guilty of (a) an indictable offence and liable to imprisonment
for a term of not more than 10 years; or (b) an offence punishable on summary conviction.
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R.S., c. 27 (1st Supp.), s. 36
85 Subsection 249(3) of the Act is replaced by the
following: Dangerous operation causing bodily harm (3) Every person who commits an offence under subsection (1) and by doing so causes bodily harm to any other person is guilty of (a) an indictable offence and liable to imprisonment
for a term of not more than 10 years; or (b) an offence punishable on summary conviction.
R.S., c. 27 (1st Supp.), s. 36
86 (1) The portion of subsection 251(1) of the Act
before paragraph (a) is replaced by the following: Unseaworthy vessel and unsafe aircraft 251 (1) Every person is guilty of an indictable offence
and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who endangers the life of any person by knowingly committing one of the following acts: R.S., c. 27 (1st Supp.), s. 36
(2) The portion of subsection 251(1) of the English version of the Act after paragraph (c) is repealed.
1999, c. 32, s. 1
87 Subsection 252(1.2) of the Act is replaced by the following:
Offence involving bodily harm (1.2) Every person who commits an offence under subsection (1) knowing that bodily harm has been caused to another person involved in the accident is guilty of (a) an indictable offence and liable to imprisonment
for a term of not more than 10 years; or (b) an offence punishable on summary conviction.
R.S., c. 27 (1st Supp.), s. 36; 2008, c. 6, ss. 21(1) to (3)
88 Subsections 255(1) to (2.2) of the Act are replaced by the following:
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Punishment 255 (1) Every person who commits an offence under
section 253 or 254 is guilty of (a) an indictable offence and liable to imprisonment
for a term of not more than five years and to a minimum punishment of, (i) for a first offence, a fine of $1,000, (ii) for a second offence, imprisonment for a term of 30 days, and (iii) for each subsequent offence, imprisonment for
a term of 120 days; or (b) an offence punishable on summary conviction and
liable to a fine of not more than $5,000 or to imprisonment for a term of not more than two years less a day, or to both, and to a minimum punishment of, (i) for a first offence, a fine of $1,000, (ii) for a second offence, imprisonment for a term of 30 days, and (iii) for each subsequent offence, imprisonment for
a term of 120 days.
Impaired driving causing bodily harm (2) Every person who, while committing an offence under paragraph 253(1)(a), causes bodily harm to another person is guilty of (a) an indictable offence and liable to imprisonment
for a term of not more than 10 years and to the minimum punishments set out in subparagraphs (1)(a)(i) to (iii); or (b) an offence punishable on summary conviction and
liable to the maximum and minimum punishments set out in paragraph (1)(b). Blood alcohol level over legal limit — bodily harm (2.1) Every person who, while committing an offence under paragraph 253(1)(b), causes an accident resulting in bodily harm to another person is guilty of (a) an indictable offence and liable to imprisonment for a term of not more than 10 years and to the minimum punishments set out in subparagraphs (1)(a)(i) to (iii); or
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(b) an offence punishable on summary conviction and
liable to the maximum and minimum punishments set out in paragraph (1)(b).
Failure or refusal to provide sample — bodily harm (2.2) Every person who commits an offence under subsection 254(5) and, at the time of committing the offence, knows or ought to know that their operation of the motor vehicle, vessel, aircraft or railway equipment, their assistance in the operation of the aircraft or railway equipment or their care or control of the motor vehicle, vessel, aircraft or railway equipment caused an accident resulting in bodily harm to another person is guilty of (a) an indictable offence and liable to imprisonment
for a term of not more than 10 years and to the minimum punishments set out in subparagraphs (1)(a)(i) to (iii); or (b) an offence punishable on summary conviction and liable to the same maximum and minimum punishments set out in paragraph (1)(b). R.S., c. 27 (1st Supp.), s. 36; 2008, c. 6, s. 24(3)(F)
89 (1) The portion of paragraph 258(1)(c) of the
Act before subparagraph (ii) is replaced by the following: (c) if samples of the accused’s breath have been taken in accordance with a demand made under subsection 254(3), evidence of the results of the analyses of those samples is conclusive proof, in the absence of evidence tending to show that the approved instrument was malfunctioning or was operated improperly, that the concentration of alcohol in the accused’s blood both at the time when the analyses were performed and at the time when the offence was alleged to have been committed was, if the results of the analyses are the same, the concentration determined by the analyses and, if the results of the analyses are different, the lowest of the concentrations determined by the analyses, provided that 2008, c. 6, s. 24(4)(E)
(2) The portion of paragraph 258(1)(c) of the English version of the Act after subparagraph (iv) is repealed. 2008, c. 6, s. 24(5)
(3) The portion of paragraph 258(1)(d) of the Act
before subparagraph (i) is replaced by the following:
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(d) if a sample of the accused’s blood has been taken
under subsection 254(3) or section 256 or with the accused’s consent, evidence of the result of the analysis of that sample is conclusive proof, in the absence of evidence tending to show that the analysis was performed improperly, that the concentration of alcohol in the accused’s blood both at the time when the sample was taken and at the time when the offence was alleged to have been committed was the concentration determined by the analysis or, if more than one sample was analyzed and the results of the analyses are the same, the concentration determined by the analyses and, if the results of the analyses are different, the lowest of the concentrations determined by the analyses, provided that 2008, c. 6, s. 24(5)(E)
(4) The portion of paragraph 258(1)(d) of the English version of the Act after subparagraph (v) is repealed. 90 (1) The portion of section 262 of the Act before
paragraph (a) is replaced by the following:
Impeding attempt to save life 262 Every person is guilty of an indictable offence and
liable to imprisonment for a term of not more than 10 years or is guilty of an offence punishable on summary conviction who (2) The portion of section 262 of the English version of the Act after paragraph (b) is repealed.
1997, c. 16, s. 4
91 Paragraph 264(4)(b) of the Act is replaced by
the following: (b) the terms or conditions of any other order or recognizance, or of an undertaking, made or entered into under the common law, this Act or any other Act of Parliament or of a provincial legislature that is similar in effect to an order or recognizance referred to in paragraph (a). 1994, c. 44, s. 16(2)
92 Paragraph 264.1(2)(b) of the Act is replaced by the following: (b) an offence punishable on summary conviction.
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1994, c. 44, s. 17
93 (1) The portion of section 267 of the Act before paragraph (a) is replaced by the following:
Assault with a weapon or causing bodily harm 267 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years or is guilty of an offence punishable on summary conviction who, in committing an assault, (2) Section 267 of the Act is amended by striking out “or” at the end of paragraph (a), by adding “or” at the end of paragraph (b) and by replacing the portion after paragraph (b) with the following: (c) chokes, suffocates or strangles the complainant. 1994, c. 44, s. 18
94 Paragraph 269(b) of the Act is replaced by the
following: (b) an offence punishable on summary conviction.
2009, c. 22, s. 9
95 Paragraph 270.01(2)(b) of the Act is replaced by the following: (b) an offence punishable on summary conviction.
2002, c. 13, s. 11
96 Paragraph 270.1(3)(b) of the Act is replaced by
the following: (b) an offence punishable on summary conviction. 97 Subsection 272(1) of the Act is amended by striking out “or” at the end of paragraph (c) and by adding the following after paragraph (c): (c.1) chokes, suffocates or strangles the complainant;
or 1993, c. 45, s. 3
98 Paragraph 273.3(1)(c) of the Act is replaced by the following: (c) under the age of eighteen years, with the intention that an act be committed outside Canada that if it were committed in Canada would be an offence against section 155, subsection 160(2) or section 170,
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171, 267, 268, 269, 271, 272 or 273 in respect of that person; or 2002, c. 13, s. 12; 2014, c. 25, par. 16(a) and (b)
99 Sections 274 and 275 of the Act are replaced by
the following: Corroboration not required 274 If an accused is charged with an offence under section 151, 152, 153, 153.1, 155, 160, 170, 171, 172, 173, 271, 272, 273, 286.1, 286.2 or 286.3, no corroboration is required for a conviction and the judge shall not instruct the jury that it is unsafe to find the accused guilty in the absence of corroboration. Rules respecting recent complaint abrogated 275 The rules relating to evidence of recent complaint
are hereby abrogated with respect to offences under sections 151, 152, 153, 153.1 and 155, subsections 160(2) and (3) and sections 170, 171, 172, 173, 271, 272 and 273. 2002, c. 13, s. 13
100 The portion of subsection 276(1) of the Act
before paragraph (a) is replaced by the following: Evidence of complainant’s sexual activity 276 (1) In proceedings in respect of an offence under
section 151, 152, 153, 153.1 or 155, subsection 160(2) or (3) or section 170, 171, 172, 173, 271, 272 or 273, evidence that the complainant has engaged in sexual activity, whether with the accused or with any other person, is not admissible to support an inference that, by reason of the sexual nature of that activity, the complainant 2002, c. 13, s. 14
101 Section 277 of the Act is replaced by the following: Reputation evidence 277 In proceedings in respect of an offence under section 151, 152, 153, 153.1 or 155, subsection 160(2) or (3) or section 170, 171, 172, 173, 271, 272 or 273, evidence of sexual reputation, whether general or specific, is not admissible for the purpose of challenging or supporting the credibility of the complainant. 1998, c. 9, s. 3; 2014, c. 25, par. 17(2)(a) and (b)
102 Paragraph 278.2(1)(a) of the Act is replaced
by the following: (a) an offence under section 151, 152, 153, 153.1, 155,
160, 170, 171, 172, 173, 213, 271, 272, 273, 279.01, 279.011, 279.02, 279.03, 286.1, 286.2 or 286.3; or
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1997, c. 18, s. 14
103 Paragraph 279(2)(b) of the Act is replaced by
the following: (b) an offence punishable on summary conviction.
2014, c. 25, s. 19
104 Subsection 279.02(1) of the Act is replaced by
the following: Material benefit — trafficking 279.02 (1) Every person who receives a financial or other material benefit, knowing that it is obtained by or derived directly or indirectly from the commission of an offence under subsection 279.01(1), is guilty of (a) an indictable offence and liable to imprisonment
for a term of not more than 10 years; or (b) an offence punishable on summary conviction.
2014, c. 25, s. 19
105 Subsection 279.03(1) of the Act is replaced by
the following: Withholding or destroying documents — trafficking 279.03 (1) Every person who, for the purpose of committing or facilitating an offence under subsection 279.01(1), conceals, removes, withholds or destroys any travel document that belongs to another person or any document that establishes or purports to establish another person’s identity or immigration status — whether or not the document is of Canadian origin or is authentic — is guilty of (a) an indictable offence and liable to imprisonment
for a term of not more than five years; or (b) an offence punishable on summary conviction. 106 Subsection 280(1) of the Act is replaced by
the following: Abduction of person under age of 16 280 (1) Every person who, without lawful authority, takes or causes to be taken a person under the age of 16 years out of the possession of and against the will of the parent or guardian of that person or of any other person who has the lawful care or charge of that person is guilty of
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(a) an indictable offence and liable to imprisonment
for a term of not more than five years; or (b) an offence punishable on summary conviction. 107 Section 281 of the Act is replaced by the following: Abduction of person under age of 14 281 Every person who, not being the parent, guardian or person having the lawful care or charge of a person under the age of 14 years, unlawfully takes, entices away, conceals, detains, receives or harbours that person with intent to deprive a parent or guardian, or any other person who has the lawful care or charge of that person, of the possession of that person is guilty of (a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or (b) an offence punishable on summary conviction.
2014, c. 25, s. 20
108 The portion of paragraph 286.1(1)(b) of the Act before subparagraph (i) is replaced by the following: (b) an offence punishable on summary conviction and
liable to a fine of not more than $5,000 or to imprisonment for a term of not more than two years less a day, or to both, and to a minimum punishment of,
2014, c. 25, s. 20
109 Subsection 286.2(1) of the Act is replaced by
the following: Material benefit from sexual services 286.2 (1) Every person who receives a financial or other material benefit, knowing that it is obtained by or derived directly or indirectly from the commission of an offence under subsection 286.1(1), is guilty of (a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or (b) an offence punishable on summary conviction.
2014, c. 25, s. 20
110 Paragraph 286.4(b) of the Act is replaced by
the following:
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(b) an offence punishable on summary conviction.
2002, c. 7, s. 141; 2015, c. 3, s. 48
111 Section 287 of the Act is repealed. 112 Subsection 291(1) of the Act is replaced by
the following: Punishment 291 (1) Every person who commits bigamy is guilty of (a) an indictable offence and liable to imprisonment
for a term of not more than five years; or (b) an offence punishable on summary conviction. 113 Subsection 292(1) of the Act is replaced by
the following: Procuring feigned marriage 292 (1) Every person who procures or knowingly aids in
procuring a feigned marriage between themselves and another person is guilty of (a) an indictable offence and liable to imprisonment for a term of not more than five years; or (b) an offence punishable on summary conviction. 114 Subsection 293(1) of the Act is replaced by
the following: Polygamy 293 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who (a) practises or enters into or in any manner agrees or consents to practise or enter into any form of polygamy or any kind of conjugal union with more than one person at the same time, whether or not it is by law recognized as a binding form of marriage; or (b) celebrates, assists or is a party to a rite, ceremony,
contract or consent that purports to sanction a relationship mentioned in paragraph (a).
2015, c. 29, s. 9
115 Sections 293.1 and 293.2 of the Act are replaced by the following:
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Forced marriage 293.1 Every person who celebrates, aids or participates in a marriage rite or ceremony knowing that one of the persons being married is marrying against their will is guilty of (a) an indictable offence and liable to imprisonment
for a term of not more than five years; or (b) an offence punishable on summary conviction.
Marriage under age of 16 years 293.2 Every person who celebrates, aids or participates
in a marriage rite or ceremony knowing that one of the persons being married is under the age of 16 years is guilty of (a) an indictable offence and liable to imprisonment for a term of not more than five years; or (b) an offence punishable on summary conviction. 116 (1) The portion of section 294 of the Act before paragraph (a) is replaced by the following:
Pretending to solemnize marriage 294 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who (2) The portion of section 294 of the English version of the Act after paragraph (b) is repealed.
2015, c. 29, s. 10
117 Section 295 of the Act is replaced by the following: Marriage contrary to law 295 Every person who, being lawfully authorized to solemnize marriage, knowingly solemnizes a marriage in contravention of federal law or the laws of the province in which the marriage is solemnized is guilty of (a) an indictable offence and liable to imprisonment
for a term of not more than two years; or (b) an offence punishable on summary conviction. 118 Sections 300 and 301 of the Act are replaced by the following:
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Punishment of libel known to be false 300 Every person who publishes a defamatory libel that they know is false is guilty of (a) an indictable offence and liable to imprisonment for a term of not more than five years; or (b) an offence punishable on summary conviction.
Punishment for defamatory libel 301 Every person who publishes a defamatory libel is guilty of (a) an indictable offence and liable to imprisonment for a term of not more than two years; or (b) an offence punishable on summary conviction. 119 Subsection 302(3) of the Act is replaced by the following:
Punishment (3) Every person who commits an offence under this section is guilty of (a) an indictable offence and liable to imprisonment for a term of not more than five years; or (b) an offence punishable on summary conviction. 120 Subsection 318(1) of the Act is replaced by
the following: Advocating genocide 318 (1) Every person who advocates or promotes genocide is guilty of an indictable offence and liable to imprisonment for a term of not more than five years. 2010, c. 14, s. 3
121 Paragraph 333.1(1)(b) of the Act is replaced by the following: (b) on summary conviction, to imprisonment for a
term of not more than two years less a day. 1994, c. 44, s. 20(1)
122 (1) Paragraph 334(a) of the Act is replaced by the following: (a) if the property stolen is a testamentary instrument
or the value of what is stolen is more than $5,000, is guilty of
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(i) an indictable offence and liable to imprisonment for a term of not more than 10 years, or (ii) an offence punishable on summary conviction;
or (2) The portion of paragraph 334(b) of the Act before subparagraph (i) is replaced by the following: (b) if the value of what is stolen is not more
than $5,000, is guilty 1994, c. 44, s. 20(2)
(3) The portion of paragraph 334(b) of the Act after subparagraph (ii) is repealed. 123 (1) The portion of subsection 338(1) of the
Act before paragraph (a) is replaced by the following: Fraudulently taking cattle or defacing brand 338 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who, without the consent of the owner, (2) The portion of subsection 338(1) of the English version of the Act after paragraph (b) is repealed. (3) Subsection 338(2) of the Act is replaced by the following:
Punishment for theft of cattle (2) Every person who commits theft of cattle is guilty of (a) an indictable offence and liable to imprisonment
for a term of not more than 10 years; or (b) an offence punishable on summary conviction. 124 Subsection 339(1) of the Act is replaced by the following:
Taking possession, etc., of drift timber 339 (1) Every person is guilty of an indictable offence
and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who, without the consent of the owner, (a) fraudulently takes, holds, keeps in their possession, conceals, receives, appropriates, purchases or
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sells any lumber or lumbering equipment that is found adrift, cast ashore or lying on or embedded in the bed or bottom, or on the bank or beach, of a river, stream or lake in Canada, or in the harbours or any of the coastal waters of Canada; (b) removes, alters, obliterates or defaces a mark or number on such lumber or lumbering equipment; or (c) refuses to deliver such lumber or lumbering equipment up to the owner or to the person in charge of it on behalf of the owner or to a person authorized by the owner to receive it.
125 (1) The portion of section 340 of the Act before paragraph (a) is replaced by the following:
Destroying documents of title 340 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years or is guilty of an offence punishable on summary conviction who, for a fraudulent purpose, destroys, cancels, conceals or obliterates (2) The portion of section 340 of the English version of the Act after paragraph (c) is repealed. 126 Section 341 of the Act is replaced by the following: Fraudulent concealment 341 Every person who, for a fraudulent purpose, takes,
obtains, removes or conceals anything is guilty of (a) an indictable offence and liable to imprisonment for a term of not more than two years; or (b) an offence punishable on summary conviction.
2007, c. 9, s. 1
127 Paragraph 347(1)(b) of the Act is replaced by
the following: (b) guilty of an offence punishable on summary conviction and liable to a fine of not more than $25,000 or to imprisonment for a term of not more than two years less a day, or to both. 128 Subsection 351(2) of the Act is replaced by
the following:
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Disguise with intent (2) Every person who, with intent to commit an indictable offence, has their face masked or coloured or is otherwise disguised is guilty of (a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or (b) an offence punishable on summary conviction. 129 Section 352 of the Act is replaced by the following: Possession of instruments for breaking into coinoperated or currency exchange devices 352 Every person who, without lawful excuse, has in their possession any instrument suitable for the purpose of breaking into a coin-operated device or a currency exchange device, knowing that the instrument has been used or is or was intended to be used for that purpose, is guilty of (a) an indictable offence and liable to imprisonment for a term of not more than two years; or (b) an offence punishable on summary conviction. 130 (1) The portion of subsection 353(1) of the
Act before paragraph (a) is replaced by the following: Selling, etc., automobile master key 353 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who (2) The portion of subsection 353(1) of the English version of the Act after paragraph (b) is repealed.
1994, c. 44, s. 21(1)
131 (1) Paragraph 355(a) of the Act is replaced by the following: (a) if the subject matter of the offence is a testamentary instrument or the value of the subject matter of the offence is more than $5,000, is guilty of (i) an indictable offence and liable to imprisonment for a term of not more than 10 years, or (ii) an offence punishable on summary conviction;
or
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(2) The portion of paragraph 355(b) of the Act before subparagraph (i) is replaced by the following: (b) if the value of the subject matter of the offence is
not more than $5,000, is guilty 1994, c. 44, s. 21(2)
(3) The portion of paragraph 355(b) of the Act after subparagraph (ii) is repealed. R.S., c. 27 (1st Supp.), s. 50
132 Section 357 of the Act is replaced by the following: Bringing into Canada property obtained by crime 357 Every person who brings into or has in Canada anything that they have obtained outside Canada by an act that, if it had been committed in Canada, would have been the offence of theft or an offence under section 342 or 354 is guilty of (a) an indictable offence and liable to imprisonment
for a term of not more than 10 years; or (b) an offence punishable on summary conviction.
1994, c. 44, s. 22(1)
133 (1) Paragraph 362(2)(a) of the Act is replaced by the following: (a) if the property obtained is a testamentary instrument or the value of what is obtained is more than $5,000, is guilty of (i) an indictable offence and liable to imprisonment for a term of not more than 10 years, or (ii) an offence punishable on summary conviction;
or (2) The portion of paragraph 362(2)(b) of the Act before subparagraph (i) is replaced by the following: (b) if the value of what is obtained is not more
than $5,000, is guilty 1994, c. 44, s. 22(2)
(3) The portion of paragraph 362(2)(b) of the Act
after subparagraph (ii) is repealed. (4) Subsection 362(3) of the Act is replaced by the following:
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Idem (3) Every person who commits an offence under paragraph (1)(b), (c) or (d) is guilty of (a) an indictable offence and liable to imprisonment
for a term of not more than 10 years; or (b) an offence punishable on summary conviction. 134 (1) The portion of section 363 of the Act before paragraph (a) is replaced by the following:
Obtaining execution of valuable security by fraud 363 Every person is guilty of an indictable offence and
liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who, with intent to defraud or injure another person, by a false pretence causes or induces any person (2) The portion of section 363 of the English version of the Act after paragraph (b) is repealed. 135 (1) The portion of subsection 377(1) of the
Act before paragraph (a) is replaced by the following: Damaging documents 377 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who unlawfully (2) The portion of subsection 377(1) of the English
version of the Act after paragraph (d) is repealed. 136 (1) The portion of section 378 of the Act before paragraph (a) is replaced by the following:
Offences in relation to registers 378 Every person is guilty of an indictable offence and
liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who (2) The portion of section 378 of the English version of the Act after paragraph (c) is repealed. 137 Section 381 of the Act is replaced by the following:
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Chapter 25: An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts Criminal Code Amendments to the Act Sections 137-140
Using mails to defraud 381 Every person who makes use of the mails for the purpose of transmitting or delivering letters or circulars concerning schemes devised or intended to deceive or defraud the public, or for the purpose of obtaining money under false pretences, is guilty of (a) an indictable offence and liable to imprisonment
for a term of not more than two years; or (b) an offence punishable on summary conviction.
2004, c. 3, s. 4(F)
138 (1) The portion of section 382 of the Act before paragraph (a) is replaced by the following:
Fraudulent manipulation of stock exchange transactions 382 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years or is guilty of an offence punishable on summary conviction who, through the facility of a stock exchange, curb market or other market, with intent to create a false or misleading appearance of active public trading in a security or with intent to create a false or misleading appearance with respect to the market price of a security,
2004, c. 3, s. 4(E)
(2) The portion of section 382 of the English version of the Act after paragraph (c) is repealed.
2004, c. 3, s. 5
139 The portion of subsection 382.1(1) of the Act
before paragraph (a) is replaced by the following: Prohibited insider trading 382.1 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years or is guilty of an offence punishable on summary conviction who, directly or indirectly, buys or sells a security, knowingly using inside information that they 140 (1) The portion of subsection 383(1) of the
Act before paragraph (a) is replaced by the following:
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Gaming in stocks or merchandise 383 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who, with intent to make gain or profit by the rise or fall in price of the stock of an incorporated or unincorporated company or undertaking, whether in or outside Canada, or of any goods, wares or merchandise, (2) The portion of subsection 383(1) of the English version of the Act after paragraph (b) is replaced by the following:
This section does not apply if a broker, on behalf of a purchaser, receives delivery, even if the broker retains or pledges what is delivered as security for the advance of the purchase money or any part of it. 141 Section 384 of the Act is replaced by the following: Broker reducing stock by selling for their own account 384 (1) Every person commits an offence who, being an individual, or a member or employee of a partnership, or a director, officer or employee of a corporation, if they or the partnership or corporation is employed as a broker by any customer to buy and carry on margin any shares of an incorporated or unincorporated company or undertaking, whether in or outside Canada, later sells or causes to be sold shares of the company or undertaking for any account in which they or their firm or a partner of the firm or the corporation or a director of the corporation has a direct or indirect interest, if the effect of the sale is, otherwise than unintentionally, to reduce the amount of those shares in the hands of the broker or under their control in the ordinary course of business below the amount of those shares that the broker should be carrying for all customers.
Punishment (2) Every person who commits an offence under subsection (1) is guilty of (a) an indictable offence and liable to imprisonment for a term of not more than five years; or (b) an offence punishable on summary conviction. 142 (1) The portion of subsection 385(1) of the
Act before paragraph (a) is replaced by the following:
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Fraudulent concealment of title documents 385 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who, being a vendor, mortgagor or hypothecary debtor of property or a chose in action or an incorporeal right or being a lawyer or notary for or agent or mandatary of a vendor, mortgagor or hypothecary debtor of property, a chose in action or incorporeal right, is served with a written demand for an abstract of title by or on behalf of the purchaser, mortgagee or hypothecary creditor before the completion of the purchase, mortgage or hypothec, and who (2) Paragraph 385(1)(a) of the English version of
the Act is replaced by the following: (a) with intent to defraud and for the purpose of inducing the purchaser, mortgagee or hypothecary creditor to accept the title offered or produced to them, conceals from them any settlement, deed, will or other instrument or act material to the title, or any encumbrance on the title, or (3) The portion of subsection 385(1) of the English version of the Act after paragraph (b) is repealed. 143 (1) The portion of section 386 of the Act before paragraph (a) is replaced by the following:
Fraudulent registration of title 386 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who, as principal, agent or mandatary in a proceeding to register title to real property or immovable property, or in a transaction relating to real property or immovable property that is or is proposed to be registered, knowingly and with intent to deceive, (2) The portion of section 386 of the English version of the Act after paragraph (c) is repealed. 144 Section 387 of the Act is replaced by the following: Fraudulent sale of real property 387 Every person who, knowing of an unregistered prior
sale or of an existing unregistered grant, mortgage, hypothec, lien or encumbrance of or on real property, fraudulently sells the property or any part of it is guilty of
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(a) an indictable offence and liable to imprisonment
for a term of not more than two years; or (b) an offence punishable on summary conviction. 145 (1) The portion of section 388 of the Act before paragraph (a) is replaced by the following:
Misleading receipt 388 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who knowingly, (2) The portion of section 388 of the English version of the Act after paragraph (b) is repealed. 146 (1) The portion of subsection 389(1) of the
Act before paragraph (a) is replaced by the following: Fraudulent disposal of goods on which money advanced 389 (1) Every person is guilty of an indictable offence
and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who (2) The portion of subsection 389(1) of the English
version of the Act after paragraph (b) is repealed. 147 Section 390 of the Act is replaced by the following: Fraudulent receipts under Bank Act 390 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who (a) knowingly makes a false statement in any receipt,
certificate or acknowledgment for anything that may be used for a purpose mentioned in the Bank Act; or (b) knowingly, after either giving to another person or after a person employed by them has, to their knowledge, given to another person, or after obtaining and endorsing or assigning to another person, any receipt, certificate or acknowledgment for anything that may be used for a purpose mentioned in the Bank Act, without the consent in writing of the holder or
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endorsee or the production and delivery of the receipt, certificate or acknowledgment, alienates or parts with, or does not deliver to the holder or owner the property mentioned in the receipt, certificate or acknowledgment. 148 (1) The portion of section 392 of the Act before paragraph (a) is replaced by the following:
Disposal of property to defraud creditors 392 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who, (2) The portion of section 392 of the English version of the Act after paragraph (b) is repealed. 149 (1) The portion of subsection 393(1) of the Act before paragraph (a) is replaced by the following:
Fraud in relation to fares, etc. 393 (1) Every person whose duty it is to collect a fare,
toll, ticket or admission and who intentionally does any of the following is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction: (2) The portion of subsection 393(1) of the English version of the Act after paragraph (c) is repealed. (3) The portion of subsection 393(2) of the Act before paragraph (a) is replaced by the following:
Idem (2) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who gives or offers to a person whose duty it is to collect a fare, toll, ticket or admission fee any valuable consideration (4) The portion of subsection 393(2) of the English version of the Act after paragraph (b) is repealed.
1999, c. 5, s. 10
150 Subsection 394(5) of the Act is replaced by the following:
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Offence (5) A person who contravenes subsection (1), (2) or (3) is guilty of (a) an indictable offence and liable to imprisonment for a term of not more than five years; or (b) an offence punishable on summary conviction.
1999, c. 5, s. 10
151 Subsection 394.1(3) of the Act is replaced by the following:
Offence (3) A person who contravenes subsection (1) is guilty of (a) an indictable offence and liable to imprisonment for a term of not more than five years; or (b) an offence punishable on summary conviction.
152 Section 395 of the Act is amended by adding
the following after subsection (1):
Execution in Canada (1.1) A warrant issued under subsection (1) may be executed at any place in Canada. A public officer named in the warrant, or any peace officer, who executes the warrant must have authority to act in that capacity in the place where the warrant is executed. 153 (1) The portion of subsection 396(1) of the
Act before paragraph (a) is replaced by the following: Offences in relation to mines 396 (1) Every person is guilty of an indictable offence
and liable to imprisonment for a term of not more than 10 years or is guilty of an offence punishable on summary conviction who (2) The portion of subsection 396(1) of the English version of the Act after paragraph (b) is repealed. 154 (1) The portion of subsection 397(1) of the
Act before paragraph (a) is replaced by the following:
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Books and documents 397 (1) Every person is guilty of an indictable offence
and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who, with intent to defraud, (2) The portion of subsection 397(1) of the English version of the Act after the portion before paragraph (a) is replaced by the following: (a) destroys, mutilates, alters, falsifies or makes a false entry in a book, paper, writing, valuable security or document, or (b) omits a material particular from, or alters a material particular in, a book, paper, writing, valuable security or document. (3) Subsection 397(2) of the Act is replaced by the following:
Privy (2) Every person who, with intent to defraud their creditors, is privy to the commission of an offence under subsection (1) is guilty of (a) an indictable offence and liable to imprisonment
for a term of not more than five years; or (b) an offence punishable on summary conviction. 155 (1) The portion of section 399 of the Act before paragraph (a) is replaced by the following:
False return by public officer 399 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who, being entrusted with the receipt, custody or management of any part of the public revenues, knowingly furnishes a false statement or return of (2) The portion of section 399 of the English version of the Act after paragraph (b) is repealed. 156 (1) The portion of subsection 400(1) of the
Act before paragraph (a) is replaced by the following: False prospectus, etc. 400 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than
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10 years or is guilty of an offence punishable on summary conviction who makes, circulates or publishes a prospectus, a statement or an account, whether written or oral, that they know is false in a material particular, with intent (2) The portion of subsection 400(1) of the English version of the Act after paragraph (c) is repealed. 157 (1) Section 405 of the Act is replaced by the
following: Acknowledging instrument in false name 405 Every person who, without lawful authority or excuse, acknowledges, in the name of another person before a court or a judge or other person authorized to receive the acknowledgment, a recognizance of bail, confession of judgment, consent to judgment or judgment, deed or other instrument or act is guilty of (a) an indictable offence and liable to imprisonment for a term of not more than five years; or (b) an offence punishable on summary conviction. (2) The portion of section 405 of the Act before
paragraph (a) is replaced by the following: Acknowledging instrument in false name 405 Every person who, without lawful authority or excuse, acknowledges, in the name of another person before a court or a judge or other person authorized to receive the acknowledgment, a recognizance, undertaking, release order, confession of judgment, consent to judgment or judgment, deed or other instrument or act is guilty of 158 (1) The portion of subsection 417(1) of the
Act before paragraph (a) is replaced by the following: Applying or removing marks without authority 417 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who, (2) The portion of subsection 417(1) of the English version of the Act after paragraph (b) is repealed.
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2001, c. 32, s. 10
159 Paragraph 423(1)(a) of the Act is replaced by
the following: (a) uses violence or threats of violence to that person or their intimate partner or children, or injures the person’s property; 2001, c. 41, s. 11
160 Sections 424 and 424.1 of the Act are replaced
by the following: Threat against internationally protected person 424 Every person who threatens to commit an offence under section 235, 236, 266, 267, 268, 269, 269.1, 271, 272, 273, 279 or 279.1 against an internationally protected person or who threatens to commit an offence under section 431 is guilty of (a) an indictable offence and liable to imprisonment for a term of not more than five years; or (b) an offence punishable on summary conviction.
Threat against United Nations or associated personnel 424.1 Every person who, with intent to compel any person, group of persons, state or any international or intergovernmental organization to do or refrain from doing any act, threatens to commit an offence under section 235, 236, 266, 267, 268, 269, 269.1, 271, 272, 273, 279 or 279.1 against a member of United Nations personnel or associated personnel or threatens to commit an offence under section 431.1 is guilty of (a) an indictable offence and liable to imprisonment
for a term of not more than 10 years; or (b) an offence punishable on summary conviction.
R.S., c. 27 (1st Supp.), s. 56
161 Subsection 426(3) of the Act is replaced by the following:
Punishment (3) A person who commits an offence under this section
is guilty of (a) an indictable offence and liable to imprisonment for a term of not more than five years; or (b) an offence punishable on summary conviction.
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2001, c. 41, s. 12
162 (1) Paragraph 430(4.1)(b) of the Act is replaced by the following: (b) is guilty of an offence punishable on summary
conviction. 2014, c. 9, s. 1
(2) Paragraph 430(4.11)(c) of the Act is replaced
by the following: (c) if the offence is punishable on summary conviction, to imprisonment for a term of not more than two years less a day. 1990, c. 15, s. 1
163 Subsection 435(1) of the Act is replaced by
the following: Arson for fraudulent purpose 435 (1) Every person who, with intent to defraud any other person, causes damage by fire or explosion to property, whether or not that person owns, in whole or in part, the property, is guilty of (a) an indictable offence and liable to imprisonment
for a term of not more than 10 years; or (b) an offence punishable on summary conviction.
1990, c. 15, s. 1
164 Subsection 436(1) of the Act is replaced by
the following: Arson by negligence 436 (1) Every person who owns, in whole or in part, or controls property and who, as a result of a marked departure from the standard of care that a reasonably prudent person would use to prevent or control the spread of fires or to prevent explosions, is a cause of a fire or explosion in that property that causes bodily harm to another person or damage to property is guilty of (a) an indictable offence and liable to imprisonment for a term of not more than five years; or (b) an offence punishable on summary conviction.
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1990, c. 15, s. 1
165 Section 436.1 of the Act is replaced by the following: Possession of incendiary material 436.1 Every person who possesses any incendiary material, incendiary device or explosive substance for the purpose of committing an offence under any of sections 433 to 436 is guilty of (a) an indictable offence and liable to imprisonment
for a term of not more than five years; or (b) an offence punishable on summary conviction. 166 (1) The portion of subsection 438(1) of the Act before paragraph (a) is replaced by the following:
Interfering with saving of wrecked vessel 438 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who intentionally prevents or impedes, or who intentionally endeavours to prevent or impede, (2) The portion of subsection 438(1) of the English version of the Act after paragraph (b) is repealed. 167 Subsection 439(2) of the Act is replaced by
the following: Idem (2) Every person who intentionally alters, removes or conceals a signal, buoy or other sea-mark that is used for purposes of navigation is guilty of (a) an indictable offence and liable to imprisonment
for a term of not more than 10 years; or (b) an offence punishable on summary conviction. 168 Sections 440 and 441 of the Act are replaced by the following:
Removing natural bar without permission 440 Every person who knowingly and without the written permission of the Minister of Transport removes any stone, wood, earth or other material that forms a natural bar necessary to the existence of a public harbour, or that forms a natural protection to such a bar, is guilty of
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(a) an indictable offence and liable to imprisonment
for a term of not more than two years; or (b) an offence punishable on summary conviction.
Occupant injuring building 441 Every person who, intentionally and to the prejudice of a mortgagee, a hypothecary creditor or an owner, pulls down, demolishes or removes all or any part of a dwelling-house or other building of which they are in possession or occupation, or severs from the freehold any fixture fixed to it or from the immovable property any movable property permanently attached or joined to the immovable property, is guilty of (a) an indictable offence and liable to imprisonment
for a term of not more than five years; or (b) an offence punishable on summary conviction. 169 (1) The portion of subsection 443(1) of the
Act before paragraph (a) is replaced by the following: Interfering with international boundary marks, etc. 443 (1) Every person is guilty of an indictable offence
and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who intentionally pulls down, defaces, alters or removes (2) The portion of subsection 443(1) of the English version of the Act after paragraph (b) is repealed.
2008, c. 12, s. 1
170 Paragraph 445(2)(b) of the Act is replaced by
the following: (b) an offence punishable on summary conviction and
liable to a fine of not more than $10,000 or to imprisonment for a term of not more than two years less a day, or to both.
2015, c. 34, s. 3
171 Paragraph 445.01(2)(b) of the Act is replaced
by the following: (b) an offence punishable on summary conviction and liable to a fine of not more than $10,000 or to imprisonment for a term of not more than two years less a day, or to both.
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2008, c. 12, s. 1
172 Paragraph 445.1(2)(b) of the Act is replaced by the following: (b) an offence punishable on summary conviction and
liable to a fine of not more than $10,000 or to imprisonment for a term of not more than two years less a day, or to both.
2008, c. 12, s. 1
173 Paragraph 446(2)(b) of the Act is replaced by
the following: (b) an offence punishable on summary conviction.
2008, c. 12, s. 1
174 Paragraph 447(2)(b) of the Act is replaced by
the following: (b) an offence punishable on summary conviction and
liable to a fine of not more than $10,000 or to imprisonment for a term of not more than two years less a day, or to both. 175 Section 451 of the Act is replaced by the following:
Having clippings, etc. 451 Every person who, without lawful justification or
excuse, has in their custody or possession gold or silver filings, clippings or bullion or gold or silver in dust, solution or otherwise, produced or obtained by impairing, diminishing or lightening a current gold or silver coin, knowing that it has been so produced or obtained, is guilty of (a) an indictable offence and liable to imprisonment for a term of not more than five years; or (b) an offence punishable on summary conviction. 176 (1) The portion of section 453 of the Act before paragraph (a) is replaced by the following:
Uttering coin 453 Every person is guilty of an indictable offence and
liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who, with intent to defraud, knowingly utters
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(2) The portion of section 453 of the English version of the Act after paragraph (b) is repealed. 177 (1) The portion of subsection 460(1) of the
Act before paragraph (a) is replaced by the following: Advertising and dealing in counterfeit money, etc. 460 (1) Every person is guilty of an indictable offence
and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who (2) The portion of subsection 460(1) of the English version of the Act after paragraph (b) is repealed.
R.S., c. 50 (4th Supp.), s. 1
178 Paragraphs 462.2(a) and (b) of the Act are replaced by the following: (a) for a first offence, to a fine of not more
than $100,000 or to imprisonment for a term of not more than two years less a day, or to both; or (b) for a second or subsequent offence, to a fine of not
more than $300,000 or to imprisonment for a term of not more than two years less a day, or to both.
2001, c. 32, s. 12(7); 2005, c. 44, s. 1(2); 2010, c. 14, s. 7
179 Subsections 462.3(3) and (4) of the Act are repealed. R.S., c. 42 (4th Supp.), s. 2; 1997, c. 18, s. 29
180 Subsections 462.32(2.1) to (3) of the Act are replaced by the following:
Execution in Canada (2.1) A warrant issued under subsection (1) may be executed at any place in Canada. Any peace officer who executes the warrant must have authority to act as a peace officer in the place where it is executed. Other provisions to apply (3) Subsections 487(2.1) to (3) and section 488 apply,
with any modifications that the circumstances require, to a warrant issued under this section. 1997, c. 18, s. 30(3)
181 Subsection 462.33(3.01) of the Act is replaced by the following:
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Effect of order (3.01) A restraint order issued under subsection (1) has
effect throughout Canada. 1997, c. 18, s. 31(1)
182 (1) Subparagraph 462.34(4)(c)(iii) of the Act is replaced by the following: (iii) permitting the use of the property in relation to
an undertaking or release order,
R.S., c. 42 (4th Supp.), s. 2
(2) Subsection 462.34(8) of the Act is repealed.
1998, c. 35, s. 121
183 Paragraph 465(1)(b) of the Act is replaced by the following: (b) every one who conspires with any one to prosecute
a person for an alleged offence, knowing that they did not commit that offence, is guilty of (i) an indictable offence and liable to imprisonment for a term of not more than 10 years or an offence punishable on summary conviction, if the alleged offence is one for which, on conviction, that person would be liable to be sentenced to imprisonment for life or for a term of not more than 14 years, or (ii) an indictable offence and liable to imprisonment for a term of not more than five years or an offence punishable on summary conviction, if the alleged offence is one for which, on conviction, that person would be liable to imprisonment for less than 14 years;
2001, c. 32, s. 27
184 Subsection 467.11(1) of the Act is replaced by
the following: Participation in activities of criminal organization 467.11 (1) Every person who, for the purpose of enhancing the ability of a criminal organization to facilitate or commit an indictable offence under this or any other Act of Parliament, knowingly, by act or omission, participates in or contributes to any activity of the criminal organization is guilty of (a) an indictable offence and liable to imprisonment for a term of not more than five years; or
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(b) an offence punishable on summary conviction.
2001, c. 32, s. 28; 2014, c. 17, s. 11
185 Section 467.2 of the Act is repealed. 2002, c. 13, s. 17(1)
186 (1) The portion of subsection 482(2) of the Act before paragraph (a) is replaced by the following:
Power to make rules (2) The following courts may make rules of court not inconsistent with this Act or any other Act of Parliament that are applicable to any prosecution, proceeding, including a preliminary inquiry or proceedings within the meaning of Part XXVII, action or appeal, as the case may be, within the jurisdiction of that court, instituted in relation to any matter of a criminal nature or arising from or incidental to the prosecution, proceeding, action or appeal: (2) Subsection 482(4) of the Act is replaced by the following:
Publication (4) Rules of court that are made under this section must
be published or otherwise made available to the public. 2002, c. 13, s. 18
187 (1) Subsection 482.1(4) of the Act is replaced
by the following: Provisions to apply (4) Sections 512 and 512.3 apply, with any modifications that the circumstances require, to the issuance of a summons or a warrant under subsection (3). 2002, c. 13, s. 18
(2) Subsections 482.1(5) and (6) of the Act are replaced by the following:
Subsections 482(4) and (5) to apply (5) Subsections 482(4) and (5) apply, with any modifications that the circumstances require, to rules made under subsection (1). 2002, c. 13, s. 19
188 Subsection 485(1.1) of the Act is replaced by
the following: When accused not appearing personally (1.1) Jurisdiction over an accused is not lost by reason of
the failure of the accused to appear personally, so long as
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the provisions of this Act or a rule made under section 482 or 482.1 permitting the accused not to appear personally apply.
2010, c. 3, s. 4; 2012, c. 1, s. 28; 2014, c. 25, s. 21
189 Subsection 486(3) of the Act is replaced by the following:
Reasons to be stated (3) If an accused is charged with an offence under section 151, 152, 153, 153.1 or 155, subsection 160(2) or (3) or section 163.1, 170, 171, 171.1, 172, 172.1, 172.2, 173, 271, 272, 273, 279.01, 279.011, 279.02, 279.03, 286.1, 286.2 or 286.3 and the prosecutor or the accused applies for an order under subsection (1), the judge or justice shall, if no such order is made, state, by reference to the circumstances of the case, the reason for not making an order.
2010, c. 3, s. 5; 2012, c. 1, s. 29; 2014, c. 25, s. 22(1)
190 Subparagraph 486.4(1)(a)(i) of the Act is replaced by the following: (i) an offence under section 151, 152, 153, 153.1,
155, 160, 162, 163.1, 170, 171, 171.1, 172, 172.1, 172.2, 173, 213, 271, 272, 273, 279.01, 279.011, 279.02, 279.03, 280, 281, 286.1, 286.2, 286.3, 346 or 347, or 2008, c. 18, s. 11(1)
191 (1) Subsection 487(2) of the Act is replaced by
the following: Execution in Canada (2) A warrant issued under subsection (1) may be executed at any place in Canada. A public officer named in the warrant, or any peace officer, who executes the warrant must have authority to act in that capacity in the place where the warrant is executed. 2008, c. 18, s. 11(2)
(2) Subsection 487(4) of the Act is repealed.
1993, c. 40, s. 15
192 Subsection 487.01(6) of the Act is replaced by the following:
Execution in Canada (6) A warrant issued under subsection (1) may be executed at any place in Canada. Any peace officer who executes the warrant must have authority to act as a peace officer in the place where it is executed.
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2014, c. 31, s. 20
193 Subsection 487.019(2) of the Act is replaced by
the following: Effect of order (2) The order has effect throughout Canada. 2014, c. 31, s. 20
194 Section 487.0198 of the Act is replaced by the
following: Offence — preservation or production order 487.0198 A person, financial institution or entity that contravenes an order made under any of sections 487.013 to 487.018 without lawful excuse is guilty of an offence punishable on summary conviction and liable to a fine of not more than $250,000 or to imprisonment for a term of not more than two years less a day, or to both.
2014, c. 31, s. 20
195 Section 487.02 of the Act is replaced by the
following: Assistance order 487.02 If an authorization is given under section 184.2, 184.3, 186 or 188 or a warrant is issued under this Act, the judge or justice who gives the authorization or issues the warrant may order a person to provide assistance, if the person’s assistance may reasonably be considered to be required to give effect to the authorization or warrant. The order has effect throughout Canada. 2007, c. 22, s. 7; 2008, c. 18, s. 12
196 Section 487.03 of the Act is repealed. 196.1 (1) Subparagraph (c)(i) of the definition secondary designated offence in section 487.04 of the Act is replaced by the following: (i) subsection 52(1) (sabotage), (i.001) subsection 57(3) (possession of a forged
passport), (i.002) section 62 (offences in relation to military
forces), (i.003) subsection 65(2) (riot — concealing identity), (i.004) subsection 70(3) (contravening order made by governor in council),
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(i.005) subsection 82(1) (explosives, possession without lawful excuse), (i.006) subsection 121(1) (frauds on the government), (i.007) subsection 121(2) (contractor subscribing to election fund), (i.008) section 122 (breach of trust by public officer), (i.009) subsection 123(1) (municipal corruption), (i.01) subsection 123(2) (influencing municipal official), (i.011) section 124 (selling or purchasing office), (i.012) section 125 (influencing or negotiating appointments or dealings in offices), (i.013) subsection 139(2) (obstructing justice), (i.014) section 142 (corruptly taking reward for recovery of goods), (i.015) section 144 (prison breach), (i.016) section 145 (escape and being at large without excuse), (2) Subparagraph (c)(iv) of the definition secondary designated offence in section 487.04 of the Act is replaced by the following: (iv) section 182 (dead body — neglect to perform duty, improper or indecent interference with), (iv.1) section 184 (interception of private communication), (iv.2) section 184.5 (interception of radio-based telephone communications), (iv.3) section 221 (cause bodily harm by criminal
negligence), (iv.4) section 237 (infanticide), (iv.5) section 242 (neglect to obtain assistance in child-birth), (iv.6) subsection 247(1) (traps likely to cause bodily
harm),
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(iv.7) subsection 247(2) (traps — causing bodily harm), (iv.8) subsection 247(3) (traps — in a place kept or used for committing other indictable offence), (iv.9) section 262 (impeding attempt to save life), (3) Paragraph (c) of the definition secondary designated offence in section 487.04 of the Act is amended by adding the following after subparagraph (viii): (viii.01) section 280 (abduction of person under
16), (viii.02) section 281 (abduction of person under
14), (4) Paragraph (c) of the definition secondary designated offence in section 487.04 of the Act is amended by adding the following after subparagraph (viii.1): (viii.11) section 291 (bigamy), (viii.12) section 292 (procuring feigned marriage), (viii.13) section 293 (polygamy), (viii.14) section 293.1 (forced marriage), (viii.15) section 293.2 (marriage under age of 16
years), (viii.16) section 300 (publishing defamatory libel
known to be false), (viii.17) section 302 (extortion by libel), (5) Paragraph (c) of the definition secondary
designated offence in section 487.04 of the Act is amended by adding the following after subparagraph (viii.2): (viii.21) paragraph 334(a) (theft over $5,000 or testamentary instrument), (viii.22) section 338 (fraudulently taking cattle or
defacing brand), (viii.23) subsection 339(1) (take possession of drift timber, etc.), (viii.24) section 340 (destroying documents of title),
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(6) Paragraph (c) of the definition secondary designated offence in section 487.04 of the Act is amended by adding the following after subparagraph (x): (x.1) subsection 351(2) (disguise with intent), (x.11) paragraph 355(a) (possession of property over $5,000 or testamentary instrument), (x.12) section 357 (bring into Canada property obtained by crime), (x.13) paragraph 362(2)(a) (false pretence, property over $5,000 or testamentary instrument), (x.14) subsection 362(3) (obtain credit, etc. by false
pretence), (x.15) section 363 (obtain execution of valuable security by fraud), (x.16) subsection 377(1) (damaging documents), (x.17) section 378 (offences in relation to registers), (x.18) section 382 (manipulation of stock exchange), (x.19) subsection 382.1(1) (prohibited insider trading), (x.2) section 383 (gaming in stocks or merchandise), (x.21) section 384 (broker reducing stock by selling
his own account), (x.22) section 386 (fraudulent registration of title), (x.23) section 394 (fraud in relation to minerals), (x.24) section 394.1 (possession of stolen minerals), (x.25) section 396 (offences in relation to mines), (x.26) section 397 (falsification of books and documents), (x.27) section 399 (false return by public officer), (x.28) section 400 (false prospectus), (x.29) section 405 (acknowledging instrument in
false name),
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(7) Paragraph (c) of the definition secondary designated offence in section 487.04 of the Act is amended by adding the following after subparagraph (xi): (xi.1) section 424 (threat against an internationally protected person), (xi.11) section 424.1 (threat against United Nations
or associated personnel), (xi.12) section 426 (secret commissions), (xi.13) section 435 (arson for fraudulent purpose), (xi.14) section 436 (arson by negligence), (xi.15) section 436.1 (possession incendiary material), (xi.16) subsection 438(1) (interfering with saving
of a wrecked vessel), (xi.17) subsection 439(2) (interfering with a marine signal), (xi.18) section 441 (occupant injuring building), (xi.19) section 443 (interfering with international boundary marks, etc.), (xi.2) section 451 (having clippings, etc.), (xi.21) section 460 (advertising and dealing in counterfeit money), (xi.22) subparagraphs 465(1)(b)(i) and (ii) (conspiracy to prosecute), (xi.23) section 753.3 (breach of long-term supervision).
197 Section 487.05 of the Act is amended by
adding the following after subsection (3):
Execution in Canada (4) A warrant issued under subsection (1) may be executed at any place in Canada. Any peace officer who
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executes the warrant must have authority to act as a peace officer in the place where it is executed. 2005, c. 25, s. 4; 2007, c. 22, s. 3
198 Paragraph 487.053(2)(c) of the Act is replaced
by the following: (c) may require the person to appear by closed-circuit
television or videoconference, as long as the person is given the opportunity to communicate privately with counsel if they are represented by counsel.
2007, c. 22, s. 11(2)
199 Subsection 487.055(3.01) of the Act is replaced by the following:
Manner of appearance (3.01) The court may require a person who is given notice of an application under subsection (1) and who wishes to appear at the hearing to appear by closed-circuit television or videoconference, as long as the person is given the opportunity to communicate privately with counsel if they are represented by counsel.
1998, c. 37, s. 21(2)
200 Paragraph 487.08(4)(b) of the Act is replaced
by the following: (b) is guilty of an offence punishable on summary conviction. 1997, c. 18, s. 45
201 Subsection 487.092(3) of the Act is replaced by
the following: Execution in Canada (3) A warrant issued under subsection (1) may be executed at any place in Canada. Any peace officer who executes the warrant must have authority to act as a peace officer in the place where it is executed. 2004, c. 10, s. 20
202 Subparagraph (b)(iii) of the definition designated offence in subsection 490.011(1) of the Act is repealed. 2010, c. 17, s. 5
203 Paragraph 490.012(4)(c) of the Act is replaced
by the following: (c) may require the person to appear at the hearing by
closed-circuit television or videoconference, as long as the person is given the opportunity to communicate
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privately with counsel if they are represented by counsel. 2010, c. 17, s. 21(1)
204 Paragraph 490.031(1)(b) of the Act is replaced by the following: (b) on summary conviction, to a fine of not more
than $10,000 or to imprisonment for a term of not more than two years less a day, or to both.
2010, c. 17, s. 22
205 Paragraph 490.0311(b) of the Act is replaced
by the following: (b) on summary conviction, to a fine of not more
than $10,000 or to imprisonment for a term of not more than two years less a day, or to both.
1997, c. 23, s. 15
206 Subsection 490.8(9) of the Act is replaced by the following:
Offence (9) Any person on whom a restraint order made under
this section is served in accordance with this section and who, while the order is in force, acts in contravention of or fails to comply with the order is guilty of (a) an indictable offence and liable to imprisonment
for a term of not more than five years; or (b) an offence punishable on summary conviction. 207 Section 492.1 of the Act is amended by adding the following after subsection (6):
Execution in Canada (6.1) A warrant issued under this section may be executed at any place in Canada. Any public officer or peace officer who executes the warrant must have authority to act in that capacity in the place where the warrant is executed. 208 Section 492.2 of the Act is amended by adding the following after subsection (5):
Execution in Canada (5.1) A warrant issued under subsection (1) may be executed at any place in Canada. Any public officer or peace
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officer who executes the warrant must have authority to act in that capacity in the place where the warrant is executed. 1994, c. 44, s. 39
209 (1) The definitions appearance notice, officer
in charge, promise to appear, recognizance, summons and undertaking in section 493 of the Act are repealed. (2) Paragraph (a) of the definition accused in section 493 of the Act is replaced by the following: (a) a person to whom a peace officer has issued an appearance notice under section 497, and 210 The Act is amended by adding the following after section 493:
Principle and Considerations Principle of restraint 493.1 In making a decision under this Part, a peace officer, justice or judge shall give primary consideration to the release of the accused at the earliest reasonable opportunity and on the least onerous conditions that are appropriate in the circumstances, including conditions that are reasonably practicable for the accused to comply with, while taking into account the grounds referred to in subsection 498(1.1) or 515(10), as the case may be. Aboriginal accused or vulnerable populations 493.2 In making a decision under this Part, a peace officer, justice or judge shall give particular attention to the circumstances of (a) Aboriginal accused; and (b) accused who belong to a vulnerable population that is overrepresented in the criminal justice system and that is disadvantaged in obtaining release under this Part. 211 The Act is amended by adding the following after section 495:
Arrest without warrant – application of section 524 495.1 Despite any other provision in this Act, if a peace officer has reasonable grounds to believe that an accused has contravened or is about to contravene a summons, appearance notice, undertaking or release order that was issued or given to the accused or entered into by the accused, or has committed an indictable offence while
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being subject to a summons, appearance notice, undertaking or release order, the peace officer may arrest the accused without a warrant for the purpose of taking them before a judge or justice to be dealt with under section 524. 1999, c. 25, s. 3
212 Sections 496 and 497 of the Act are replaced by the following:
Appearance notice for judicial referral hearing 496 If a peace officer has reasonable grounds to believe
that a person has failed to comply with a summons, appearance notice, undertaking or release order or to attend court as required and that the failure did not cause a victim physical or emotional harm, property damage or economic loss, the peace officer may, without laying a charge, issue an appearance notice to the person to appear at a judicial referral hearing under section 523.1.
Issue of appearance notice by peace officer 497 If, by virtue of subsection 495(2), a peace officer
does not arrest a person, they may issue an appearance notice to the person if the offence is (a) an indictable offence mentioned in section 553; (b) an offence for which the person may be prosecuted
by indictment or for which they are punishable on summary conviction; or (c) an offence punishable on summary conviction.
1999, c. 25, s. 4(1) and 30
213 (1) Subsection 498(1) of the Act is replaced by the following:
Release from custody — arrest without warrant 498 (1) Subject to subsection (1.1), if a person has been arrested without warrant for an offence, other than one listed in section 469, and has not been taken before a justice or released from custody under any other provision of this Part, a peace officer shall, as soon as practicable, release the person, if (a) the peace officer intends to compel the person’s appearance by way of summons; (b) the peace officer issues an appearance notice to the person; or
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(c) the person gives an undertaking to the peace officer. Person delivered or detained (1.01) Subsection (1) also applies in respect of a person
who has been arrested without warrant and delivered to a peace officer under subsection 494(3) or placed in the custody of a peace officer under subsection 163.5(3) of the Customs Act and who is detained in custody for an offence other than one listed in section 469 and who has not been taken before a justice or released from custody under any other provision of this Part.
1999, c. 25, s. 4(1)
(2) The portion of subsection 498(1.1) of the Act
before paragraph (a) is replaced by the following: Exception (1.1) The peace officer shall not release the person if the peace officer believes, on reasonable grounds, (3) Subsection 498(2) of the Act is replaced by the
following: When subsections (1) and (1.01) do not apply (2) Subsections (1) and (1.01) do not apply in respect of a person who has been arrested without warrant by a peace officer for an offence described in subsection 503(3).
1999, c. 25, s. 4(2)
(4) The portion of subsection 498(3) of the Act before paragraph (a) is replaced by the following:
Consequences of non-release (3) A peace officer who has arrested a person without a
warrant, or who has been given the custody of a person arrested without a warrant, for an offence described in subsection (1), and who does not release the person from custody as soon as practicable in the manner described in that subsection shall be deemed to be acting lawfully and in the execution of the officer’s duty for the purposes of 1997, c. 18, s. 52(3)
(5) Paragraph 498(3)(b) of the Act is replaced by the following: (b) any other proceedings, unless in any such proceedings it is alleged and established by the person
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making the allegation that the peace officer did not comply with the requirements of subsection (1). 1994, c. 44, s. 40; 1997, c. 18, s. 53; 1999, c. 25, s. 5
214 Section 499 of the Act is replaced by the following: Release from custody — arrest with warrant 499 If a person who has been arrested with a warrant by a peace officer is taken into custody for an offence other than one listed in section 469 and the warrant has been endorsed by a justice under subsection 507(6), a peace officer may release the person, if (a) the peace officer issues an appearance notice to the person; or (b) the person gives an undertaking to the peace officer. R.S., c. 27 (1st Supp.), s. 76(2); 1992, c. 47, s. 69; 1994, c. 44, s. 41; 1996, c. 7, s. 38; 1997, c. 18, s. 54; 1999, c. 25, s. 6; 2008, c. 18, s. 15
215 Sections 500 to 502 of the Act are replaced by the following:
Contents of appearance notice 500 (1) An appearance notice shall (a) set out the name, date of birth and contact information of the accused; (b) set out the substance of the offence that the accused is alleged to have committed; (c) require the accused to attend court at a time and place to be stated in the notice and to attend afterwards as required by the court; and (d) indicate if the accused is required to appear at a
judicial referral hearing under section 523.1 for a failure under section 496. Summary of consequences — failure to appear (2) An appearance notice shall set out a summary of subsections 145(3) and (6), section 512.2 and subsection 524(4) and the possible consequences of a failure to appear at a judicial referral hearing under section 523.1.
Attendance for purposes of Identification of Criminals Act (3) An appearance notice may require the accused to appear at the time and place stated in it for the purposes of the Identification of Criminals Act, if the accused is alleged to have committed an indictable offence and, in the
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case of an offence designated as a contravention under the Contraventions Act, the Attorney General, within the meaning of that Act, has not made an election under section 50 of that Act. Signature of accused (4) An accused shall be requested to sign in duplicate
their appearance notice and, whether or not they comply with that request, one of the duplicates shall be given to the accused. If the accused fails or refuses to sign, the lack of their signature does not invalidate the appearance notice. Contents of undertaking 501 (1) An undertaking under paragraph 498(1)(c), 499(b) or 503(1.1)(b) must set out (a) the name, date of birth and contact information of the accused; (b) the substance of the offence that the accused is alleged to have committed; and (c) a summary of subsections 145(4) and (6), sections
512 and 512.2 and subsection 524(4). Mandatory conditions (2) The undertaking must contain a condition that the accused attend court at the time and place stated in the undertaking and to attend afterwards as required by the court.
Additional conditions (3) The undertaking may contain one or more of the following conditions, if the condition is reasonable in the circumstances of the offence and necessary, to ensure the accused’s attendance in court or the safety and security of any victim of or witness to the offence, or to prevent the continuation or repetition of the offence or the commission of another offence: (a) report at specified times to the peace officer or
other specified person; (b) remain within a specified territorial jurisdiction; (c) notify the peace officer or other specified person of any change in their address, employment or occupation; (d) abstain from communicating, directly or indirectly, with any victim, witness or other person identified in the undertaking, except in accordance with any specified conditions;
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(e) abstain from going to any specified place or entering any geographic area related to any person referred to in paragraph (d), except in accordance with any specified conditions; (f) deposit all their passports with the peace officer or other specified person; (g) reside at a specified address, be at that address at
specified hours and present themselves at the entrance of that residence to a peace officer or other specified person, at the officer’s or specified person’s request during those hours; (h) abstain from possessing a firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, and surrender those that are in their possession to the peace officer or other specified person and also any authorization, licence or registration certificate or other document enabling them to acquire or possess them; (i) promise to pay an amount specified in the undertaking, which shall not be more than $500, if they fail to comply with any condition of the undertaking; (j) deposit, with the peace officer specified in the undertaking, money or other valuable security whose value does not exceed $500 if, at the time of giving the undertaking, the accused is not ordinarily resident in the province or does not ordinarily reside within 200 kilometres of the place in which they are in custody; and (k) comply with any other specified condition for ensuring the safety and security of any victim of or witness to the offence.
Attendance for purposes of Identification of Criminals Act (4) The undertaking may require the accused to appear
at the time and place stated in it for the purposes of the Identification of Criminals Act if the accused is alleged to have committed an indictable offence and, in the case of an offence designated as a contravention under the Contraventions Act, the Attorney General, within the meaning of that Act, has not made an election under section 50 of that Act. Money or other valuable security to be deposited with justice (5) If the accused has deposited an amount of money or
other valuable security with a peace officer, the officer shall, without delay after the deposit, cause the money or
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valuable security to be delivered to a justice for deposit with the justice. Signature of accused (6) The accused shall be requested to sign in duplicate
their undertaking and, whether or not they comply with that request, one of the duplicates shall be given to them. If they fail or refuse to sign, the lack of their signature does not invalidate the undertaking. Variation of undertaking on consent 502 (1) The undertaking in respect of which an accused has been released under section 498, 499 or 503 may, with the written consent of the accused and the prosecutor, be varied and the undertaking so varied is deemed to be an undertaking given under section 498, 499 or 503, as the case may be.
Replacement by justice of undertaking with order (2) The accused or the prosecutor may, in the absence of
consent between them, apply to a justice for a release order under subsection 515(1) or (2) to replace an undertaking given by the accused under paragraph 498(1)(c), 499(b) or 503(1.1)(b) with the order. If the prosecutor applies for the order, the prosecutor must provide three days notice to the accused. 216 The Act is amended by adding the following before section 503:
Appearance of the accused 502.1 (1) Except as otherwise provided in this Part, an
accused who is required to appear in a proceeding under this Part shall appear personally but may appear by audioconference or videoconference, if arrangements are made with the court in advance and those arrangements are satisfactory to the justice.
Witness in Canada (2) Despite section 714.1, a witness in Canada who is required to give evidence in a proceeding under this Part may do so by audioconference or videoconference, if it is satisfactory to the justice.
Witness outside Canada (3) For greater certainty, sections 714.2 to 714.8 apply
when a witness outside Canada gives evidence in a proceeding under this Part.
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Participants (4) A participant, as defined in subsection 715.25(1),
who is to participate in a proceeding under this Part shall participate personally but may participate by audioconference or videoconference, if it is satisfactory to the justice. Justice (5) The justice who is to preside at a proceeding under this Part shall preside personally but may preside by audioconference or videoconference, if the justice considers it necessary in the circumstances. 1994, c. 44, s. 42; 1997, c. 18, s. 55(1) and (2); 1998, c. 7, s. 3; 1999, c. 25, s. 7
217 (1) Subsections 503(1) to (2.3) of the Act are replaced by the following:
Taking before justice 503 (1) Subject to the other provisions of this section, a
peace officer who arrests a person with or without warrant and who has not released the person under any other provision under this Part shall, in accordance with the following paragraphs, cause the person to be taken before a justice to be dealt with according to law: (a) if a justice is available within a period of 24 hours
after the person has been arrested by the peace officer, the person shall be taken before a justice without unreasonable delay and in any event within that period; and (b) if a justice is not available within a period of 24 hours after the person has been arrested by the peace officer, the person shall be taken before a justice as soon as possible.
Re-evaluation of detention (1.1) At any time before the expiry of the time referred to
in paragraph (1)(a) or (b), a peace officer who is satisfied that the continued detention of the person in custody for an offence that is not listed in section 469 is no longer necessary shall release the person, if (a) the peace officer issues an appearance notice to the person; or (b) the person gives an undertaking to the peace officer. Person delivered or in custody (2) Subsections (1) and (1.1) also apply to a peace officer to whom a person is delivered under subsection 494(3) or into whose custody a person is placed under subsection 163.5(3) of the Customs Act, except that the 24-hour
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period referred to in paragraphs (1)(a) and (b) begins after the person is delivered to the officer.
R.S., c. 27 (1st Supp.), s. 77
(2) Paragraph 503(3.1)(a) of the English version of the Act is replaced by the following: (a) without conditions; or R.S., c. 27 (1st Supp.), s. 77; 1997, c. 18, s. 55(4)
(3) Paragraph 503(3.1)(b) of the Act is replaced by
the following: (b) on the terms of a release order containing any conditions referred to in paragraphs 515(2)(a) to (e) that the justice considers desirable and to which the prosecutor consents. (4) Subsection 503(4) of the Act is replaced by the following:
Release of person about to commit indictable offence (4) A peace officer having the custody of a person who
has been arrested without warrant as a person about to commit an indictable offence shall release that person as soon as practicable after the officer is satisfied that the continued detention of that person is no longer necessary in order to prevent that person from committing an indictable offence. (5) The portion of subsection 503(5) of the Act before paragraph (a) is replaced by the following:
Consequences of non-release (5) Despite subsection (4), a peace officer having the custody of a person referred to in that subsection who does not release the person before the expiry of the time prescribed in paragraph (1)(a) or (b) for taking the person before the justice shall be deemed to be acting lawfully and in the execution of the peace officer’s duty for the purposes of (6) Paragraph 503(5)(b) of the Act is replaced by the following: (b) any other proceedings, unless in those proceedings it is alleged and established by the person making the allegation that the peace officer did not comply with the requirements of subsection (4). 218 Section 505 of the Act is replaced by the following:
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Time within which information to be laid in certain cases 505 If an appearance notice has been issued to an accused under section 497, or if an accused has been released from custody under section 498 or 503, an information relating to the offence alleged to have been committed by the accused or relating to an included or other offence alleged to have been committed by them shall be laid before a justice as soon as practicable after the issuance or release, and in any event before the time stated in the appearance notice or undertaking for their attendance in court. 1994, c. 44, s. 43
219 Subsections 507(6) and (7) of the Act are replaced by the following:
Endorsement of warrant by justice (6) A justice who issues a warrant under this section or section 508, 512, 512.1 or 512.2 may, unless the offence is one listed in section 469, authorize the release of the accused under section 499 by making an endorsement on the warrant in Form 29.
Undertaking or appearance notice deemed confirmed (7) If, under subsection (6), a justice authorizes the release of an accused under section 499, an appearance notice or undertaking referred to in that section shall be deemed, for the purposes of subsection 145(3) or (4), as the case may be, to have been confirmed by a justice under section 508. R.S., c. 27 (1st Supp.), s. 79
220 Paragraphs 508(1)(b) and (c) of the Act are
replaced by the following: (b) if the justice considers that a case for so doing is
made out, whether the information relates to the offence alleged in the appearance notice or undertaking or to an included or other offence, (i) confirm the appearance notice or undertaking
and endorse the information accordingly, or (ii) cancel the appearance notice or undertaking
and issue, in accordance with section 507, either a summons or a warrant for the arrest of the accused to compel the accused to attend before the justice or some other justice for the same territorial division to answer to a charge of an offence and endorse on the summons or warrant that the appearance notice or undertaking has been cancelled; and
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(c) if the justice considers that a case is not made out
for the purposes of paragraph (b), cancel the appearance notice or undertaking and cause the accused to be immediately notified of the cancellation. 221 Subsection 509(4) of the Act is replaced by
the following: Summary of certain provisions (4) The summons must set out a summary of subsection
145(3), section 512.1 and subsection 524(4). 1992, c. 47, s. 72; 1996, c. 7, s. 38
222 Section 510 of the Act is repealed. 1997, c. 18, s. 58(1)
223 (1) Paragraph 512(1)(a) of the Act is replaced
by the following: (a) an appearance notice or undertaking has been confirmed or cancelled under subsection 508(1); (2) Paragraph 512(1)(c) of the Act is replaced by the following: (c) the accused has been released without conditions or with the intention of compelling their appearance by way of summons. 1997, c. 18, s. 58(2)
(3) Paragraph 512(2)(b) of the Act is replaced by the following: (b) an appearance notice or undertaking has been confirmed under subsection 508(1) and the accused fails to attend court in accordance with it in order to be dealt with according to law, or 224 The Act is amended by adding the following after section 512:
Arrest warrant — failure to appear under summons 512.1 If an accused who is required by a summons to appear at the time and place stated in it for the purposes of the Identification of Criminals Act does not appear at that time and place and, in the case of an offence designated as a contravention under the Contraventions Act, the Attorney General, within the meaning of that Act, has not made an election under section 50 of that Act, a justice may issue a warrant for the arrest of the accused for the offence with which the accused is charged.
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Arrest warrant — failure to appear under appearance notice or undertaking 512.2 If an accused who is required by an appearance
notice or undertaking to appear at the time and place stated in it for the purposes of the Identification of Criminals Act does not appear at that time and place, a justice may, if the appearance notice or undertaking has been confirmed by a justice under section 508, issue a warrant for the arrest of the accused for the offence with which the accused is charged.
Warrant to appear under section 524 512.3 If a justice is satisfied that there are reasonable grounds to believe that an accused has contravened or is about to contravene any summons, appearance notice, undertaking or release order that was issued or given to the accused or entered into by the accused or has committed an indictable offence while being subject to any summons, appearance notice, undertaking or release order, the justice may issue a warrant for the purpose of taking them before a justice under section 524. R.S., c. 27 (1st Supp.), ss. 83(1) and (2), s. 186 (Sch. IV, item 7)
225 (1) Subsections 515(1) to (2.1) of the Act are
replaced by the following: Release order without conditions 515 (1) Subject to this section, when an accused who is
charged with an offence other than an offence listed in section 469 is taken before a justice, the justice shall, unless a plea of guilty by the accused is accepted, make a release order in respect of that offence, without conditions, unless the prosecutor, having been given a reasonable opportunity to do so, shows cause, in respect of that offence, why the detention of the accused in custody is justified or why an order under any other provision of this section should be made.
Release order with conditions (2) If the justice does not make an order under subsection (1), the justice shall, unless the prosecutor shows cause why the detention of the accused is justified, make a release order that sets out the conditions directed by the justice under subsection (4) and, as the case may be, (a) an indication that the release order does not include any financial obligations; (b) the accused’s promise to pay a specified amount if they fail to comply with a condition of the order;
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(c) the obligation to have one or more sureties, with
or without the accused’s promise to pay a specified amount if they fail to comply with a condition of the order; (d) the obligation to deposit money or other valuable security in a specified amount or value, with or without the accused’s promise to pay a specified amount if they fail to comply with a condition of the order; or (e) if the accused is not ordinarily resident in the
province in which they are in custody or does not ordinarily reside within 200 kilometres of the place in which they are in custody, the obligation to deposit money or other valuable security in a specified amount or value, with or without the accused’s promise to pay a specified amount by the justice if they fail to comply with a condition of the order and with or without sureties. Imposition of least onerous form of release (2.01) The justice shall not make an order containing the
conditions referred to in one of the paragraphs (2)(b) to (e) unless the prosecution shows cause why an order containing the conditions referred to in the preceding paragraphs for any less onerous form of release would be inadequate. Promise to pay favoured over deposit (2.02) The justice shall favour a promise to pay an
amount over the deposit of an amount of money if the accused or the surety, if applicable, has reasonably recoverable assets.
Restraint in use of surety (2.03) For greater certainty, before making an order requiring that the accused have a surety, the justice shall be satisfied that this requirement is the least onerous form of release possible for the accused in the circumstances.
Power of justice — sureties (2.1) If, under subsection (2) or any other provision of
this Act, a judge, justice or court makes a release order with a requirement for sureties, the judge, justice or court may name particular persons as sureties.
1997, c. 18, s. 59(1)
(2) Subsections 515(2.2) and (2.3) of the Act are replaced by the following:
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Appearance of the accused (2.2) If, by this Act, the appearance of an accused is required for the purposes of judicial interim release, the accused shall appear personally but the justice may allow the accused to appear by videoconference or, subject to subsection (2.3), by audioconference, if the technological means is satisfactory to the justice.
When consent required for audioconference (2.3) If the accused cannot appear by closed-circuit television or videoconference and the evidence of a witness is to be taken at the appearance, the consent of the prosecutor and the accused is required for the appearance of the accused by audioconference.
1999, c. 25, s. 8(1) and (2)
(3) Subsections 515(3) and (4) of the Act are replaced by the following:
Factors to consider (3) In making an order under this section, the justice shall consider any relevant factors, including, (a) whether the accused is charged with an offence in
the commission of which violence was used, threatened or attempted against their intimate partner; or (b) whether the accused has been previously convicted of a criminal offence.
Conditions authorized (4) When making an order under subsection (2), the justice may direct the accused to comply with one or more of the following conditions specified in the order: (a) report at specified times to a peace officer, or other person, designated in the order; (b) remain within a specified territorial jurisdiction; (c) notify a peace officer or other person designated in
the order of any change in their address, employment or occupation; (d) abstain from communicating, directly or indirectly, with any victim, witness or other person identified in the order, except in accordance with any specified conditions that the justice considers necessary; (e) abstain from going to any place or entering any geographic area specified in the order, except in accordance with any specified conditions that the justice considers necessary;
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(f) deposit all their passports as specified in the order; (g) comply with any other specified condition that the justice considers necessary to ensure the safety and security of any victim of or witness to the offence; and (h) comply with any other reasonable conditions specified in the order that the justice considers desirable.
1999, c. 25, s. 8(4)
(4) Paragraph 515(4.2)(a) of the Act is replaced by
the following: (a) that the accused abstain from communicating, directly or indirectly, with any victim, witness or other person identified in the order, except in accordance with any specified conditions that the justice considers necessary; (a.1) that the accused abstain from going to any place or entering any geographic area specified in the order, except in accordance with any specified conditions that the justice considers necessary; or 2001, c. 41, s. 19(4)
(5) Subparagraphs 515(6)(a)(iv) and (v) of the English version of the Act are replaced by the following: (iv) that is an offence under subsection 16(1) or (2), 17(1), 19(1), 20(1) or 22(1) of the Security of Information Act, (v) that is an offence under subsection 21(1) or
22(1) or section 23 of the Security of Information Act committed in relation to an offence referred to in subparagraph (iv), R.S., c. 27 (1st Supp.), s. 83(3)
(6) Paragraph 515(6)(c) of the Act is replaced by the following: (b.1) with an offence in the commission of which violence was allegedly used, threatened or attempted against their intimate partner, and the accused has been previously convicted of an offence in the commission of which violence was used, threatened or attempted against any intimate partner of theirs; (c) with an offence under any of subsections 145(2) to
(5) that is alleged to have been committed while they were at large after being released in respect of another offence under the provisions of this Part or section 679, 680 or 816; or
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1993, c. 45, s. 8(3)
(7) Subsections 515(7) and (8) of the Act are replaced by the following: Release order (7) If an accused to whom subsection (6) applies shows
cause why their detention in custody is not justified, the justice shall make a release order under this section. If the accused was already at large on a release order, the new release order may include any additional conditions described in subsections (4) to (4.2) that the justice considers desirable.
1997, c. 18, s. 60
226 Section 515.1 of the Act is replaced by the following:
Declaration of surety 515.1 (1) Before a judge, justice or court names a particular person as a surety, the person shall provide the judge, justice or court with a signed declaration under oath, solemn declaration or solemn affirmation in Form 12 that sets out (a) their name, date of birth and contact information; (b) information demonstrating that they are suitable to act as a surety for the accused, including financial information; (c) their relationship to the accused; (d) the name and date of birth of any other accused for whom they act as a surety; (e) their acknowledgment of the charge, and of any other outstanding charges against the accused and the contents of the accused’s criminal record, if any; (f) their acknowledgment of the amount that they are willing to promise to pay or deposit to the court and that may be forfeited if the accused fails to comply with any condition of the release order; (g) their acknowledgment that they understand the role and responsibilities of a surety and that they assume these voluntarily; and (h) a description of the contents of their criminal
record and any outstanding charges against them, if any. Exception (2) Despite subsection (1), a judge, justice or court may
name a person as a surety without a declaration if
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(a) the prosecutor consents to it; or (b) the judge, justice or court is satisfied that (i) the person cannot reasonably provide a declaration in the circumstances, (ii) the judge, justice or court has received sufficient information of the kind that would be set out in a declaration to evaluate whether the person is suitable to act as a surety for the accused, and (iii) the person has acknowleged that they have received sufficient information with respect to the matters referred to in paragraphs (1)(e) to (g) to accept the role and responsibilities of a surety.
Means of telecommunication (3) A person may provide the judge, justice or court with
the declaration referred to in subsection (1) by a means of telecommunication that produces a writing. 227 Section 516 of the Act is amended by adding the following after subsection (2):
Duration of order (3) An order made under subsection (2) remains in force, (a) until it is varied or revoked; (b) until an order in respect of the accused is made
under section 515; (c) until the accused is acquitted of the offence, if applicable; or (d) until the time the accused is sentenced, if applicable. R.S., c. 27 (1st Supp.), s. 85
228 (1) The portion of subsection 519(1) of the
Act before paragraph (a) is replaced by the following: Release of accused 519 (1) If a justice makes a release order under section
515,
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(2) Subsection 519(1) of the Act is amended by striking out “and” at the end of paragraph (a), by adding “and” at the end of paragraph (b) and by adding the following after paragraph (b): (c) any condition in the order that an accused abstain
from communicating, directly or indirectly, with any victim, witness or other person identified in the order, except in accordance with any specified conditions, is effective from the moment it is made, whether or not the accused has been released from custody. 229 The Act is amended by adding the following after section 519:
Variation of release order with consent 519.1 A release order under which an accused has been released under section 515 may be varied with the written consent of the accused, prosecutor and any sureties. The order so varied is considered to be a release order under section 515.
1999, c. 3, s. 31
230 Subsection 520(1) of the Act is replaced by the following:
Review of order 520 (1) If a justice, or a judge of the Nunavut Court of
Justice, makes an order under subsection 515(2), (5), (6), (7), or (12) or makes or vacates any order under paragraph 523(2)(b), the accused may, at any time before the trial of the charge, apply to a judge for a review of the order. 1999, c. 3, s. 32
231 Subsection 521(1) of the Act is replaced by
the following: Review of order 521 (1) If a justice, or a judge of the Nunavut Court of
Justice, makes an order under subsection 515(1), (2), (7) or (12) or makes or vacates any order under paragraph 523(2)(b), the prosecutor may, at any time before the trial of the charge, apply to a judge for a review of the order.
1999, c. 25, s. 10
232 Subsection 522(3) of the Act is replaced by the following:
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Release of accused (3) If the judge does not order that the accused be detained in custody under subsection (2), the judge may make a release order referred to in section 515. R.S., c. 27 (1st Supp.), s. 89(1)
233 (1) The portion of subsection 523(1) of the Act before paragraph (a) is replaced by the following:
Period for which appearance notice, etc., continues in force 523 (1) If an accused, in respect of an offence with which they are charged, has not been taken into custody or has been released from custody under any provision of this Part, the appearance notice, summons, undertaking or release order issued to, given or entered into by the accused continues in force, subject to its terms, and applies in respect of any new information charging the same offence or an included offence that was received after the appearance notice, summons, undertaking or release order was issued, given or entered into,
R.S., c. 27 (1st Supp.), s. 89(3); 2011, c. 16, s. 2(1)
(2) Subsections 523(1.1) and (1.2) of the Act are replaced by the following: When new information is received (1.1) If an accused is charged with an offence and a new information, charging the same offence or an included offence, is received while the accused is subject to an order for detention, release order, appearance notice, summons or undertaking, section 507 or 508, as the case may be, does not apply in respect of the new information and the order for detention, release order, appearance notice, summons or undertaking applies in respect of the new information.
When direct indictment preferred (1.2) If an accused is charged with an offence, and an indictment is preferred under section 577 charging the same offence or an included offence while the accused is subject to an order for detention, release order, appearance notice, summons or undertaking, the order for detention, release order, appearance notice, summons or undertaking applies in respect of the indictment.
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1999, c. 3, s. 33
234 Section 524 of the Act and the heading before it are replaced by the following:
Proceedings Respecting Failure to Comply with Release Conditions Judicial referral hearing 523.1 (1) When an accused appears before a justice in any of the circumstances described in subsection (2), the justice shall (a) if the accused was released from custody under an
order made under subsection 522(3) by a judge of the superior court of criminal jurisdiction of any province, order that the accused appear before a judge of that court so that the judge may hear the matter; or (b) in any other case, hear the matter.
Circumstances (2) The circumstances referred to in subsection (1) are
the following: (a) an appearance notice has been issued to the accused for failing to comply with a summons, appearance notice, undertaking or release order or to attend court as required and the prosecutor seeks a decision under this section; or (b) a charge has been laid against the accused for the contravention referred to in paragraph (a) and the prosecutor seeks a decision under this section.
Powers — Judge or Justice (3) If the judge or justice who hears the matter is satisfied that the accused failed to comply with a summons, appearance notice, undertaking or release order or to attend court as required and that the failure did not cause a victim physical or emotional harm, property damage or economic loss, the judge or justice shall review any conditions of release that have been imposed on the accused and may, as the case may be, (a) take no action; (b) cancel any other summons, appearance notice, undertaking or release order in respect of the accused and, as the case may be,
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(i) make a release order under section 515, or (ii) if the prosecutor shows cause why the detention of the accused in custody is justified under subsection 515(10), make an order that the accused be detained in custody until the accused is dealt with according to law and if so detained, the judge or justice shall include in the record a statement of the judge’s or justice’s reasons for making the order; or (c) remand the accused to custody for the purposes of
the Identification of Criminals Act.
Dismissal of charge (4) If a charge has been laid against the accused for the
failure referred to in paragraph (2)(a) and the judge or justice, as the case may be, makes a decision under subsection (3), the judge or justice shall also dismiss that charge. No information or indictment (5) If the judge or justice makes a decision under subsection (3), no information may be laid nor indictment be preferred against the accused for the failure referred to in paragraph (2)(a). Hearing 524 (1) When an accused is taken before a justice in any of the circumstances described in subsection (2), the justice shall (a) if the accused was released from custody under an order made under subsection 522(3) by a judge of the superior court of criminal jurisdiction of any province, order that the accused be taken before a judge of that court so that the judge may hear the matter; or (b) in any other case, hear the matter.
Circumstances (2) The circumstances referred to in subsection (1) are
the following: (a) the accused has been arrested for the contravention of or having been about to contravene, a summons, appearance notice, undertaking or release order and the prosecutor seeks to have it cancelled under this section; or
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(b) the accused has been arrested for having committed an indictable offence while being subject to a summons, appearance notice, undertaking or release order and the prosecutor seeks to have it cancelled under this section.
Cancellation (3) The judge or justice who hears the matter shall cancel a summons, appearance notice, undertaking or release order in respect of the accused if the judge or justice finds that (a) the accused has contravened or had been about to contravene the summons, appearance notice, undertaking or release order; or (b) there are reasonable grounds to believe that the accused has committed an indictable offence while being subject to the summons, appearance notice, undertaking or release order.
Detention (4) If the judge or justice cancels the summons, appearance notice, undertaking or release order, the judge or justice shall order that the accused be detained in custody unless the accused, having been given a reasonable opportunity to do so, shows cause why their detention in custody is not justified under subsection 515(10).
Release order (5) If the judge or justice does not order that the accused be detained in custody under subsection (4), the judge or justice shall make a release order referred to in section 515.
Reasons (6) If the judge or justice makes a release order under subsection (5), the judge or justice shall include in the record a statement of the reasons for making the order, and subsection 515(9) applies with any modifications that the circumstances require.
Release (7) If the judge or justice does not cancel the summons,
appearance notice, undertaking or release order under subsection (3), the judge or justice shall order that the accused be released from custody. Provisions applicable to proceedings under this section (8) The provisions of sections 516 to 519 apply with any modifications that the circumstances require in respect of any proceedings under this section, except that
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subsection 518(2) does not apply in respect of an accused who is charged with an offence mentioned in section 469. Review — order by judge (9) An order made under subsection (4) or (5) respecting an accused referred to in paragraph (1)(a) is not subject to review except as provided in section 680.
Review — order of justice (10) An order made under subsection (4) or (5) respecting an accused other than the accused referred to in paragraph (1)(a), is subject to review under sections 520 and 521 as if the order were made under section 515.
R.S., c. 27 (1st Supp.), s. 90(1); 1997, c. 18, s. 61
235 (1) Subsection 525(1) of the Act is replaced by
the following: Time for application to judge 525 (1) The person having the custody of an accused — who has been charged with an offence other than an offence listed in section 469, who is being detained in custody pending their trial for that offence and who is not required to be detained in custody in respect of any other matter — shall apply to a judge having jurisdiction in the place in which the accused is in custody to fix a date for a hearing to determine whether or not the accused should be released from custody, if the trial has not commenced within 90 days from (a) the day on which the accused was taken before a justice under section 503; or (b) in the case where an order that the accused be detained in custody has been made under section 521, paragraph 523.1(3)(b)(ii) or section 524, or a decision has been made with respect to a review under section 520, the later of the day on which the accused was taken into custody under that order and the day of the decision. The person shall make the application immediately after the expiry of those 90 days. Waiver of right to hearing (1.1) However, the person having the custody of the accused is not required to make the application if the accused has waived in writing their right to a hearing and the judge has received the waiver before the expiry of the 90-day period referred to in subsection (1). R.S., c. 27 (1st Supp.), s. 90(3); 1994, c. 44, s. 49
(2) Subsections 525(3) to (9) of the Act are replaced by the following:
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Cancellation of hearing (3) The judge may cancel the hearing if the judge receives the accused’s waiver before the hearing.
Consideration of proceeding’s progression (4) On the hearing described in subsection (1), the judge
shall consider whether the prosecutor or the accused has been responsible for any delay and, if the judge is concerned that the proceedings are progressing slowly and that an unreasonable delay may result, the judge may (a) give directions for expediting the proceedings; or (b) require a further hearing under this section within
90 days or any other period that the judge considers appropriate in the circumstances.
Release order (5) If, following the hearing, the judge is not satisfied that the continued detention of the accused in custody is justified within the meaning of subsection 515(10), the judge shall make a release order referred to in section 515.
Provisions applicable to proceedings (6) Sections 495.1, 512.3, 517 to 519 and 524 apply, with
any modifications that the circumstances require, in respect of any proceedings under this section. Definition of judge in the Province of Quebec (7) In this section, judge, in the Province of Quebec, (a) in the case where the order that the accused be detained in custody has been made by a judge of the superior court of criminal jurisdiction of the Province of Quebec, has the same meaning as in paragraph (b) of the definition judge in section 493; and (b) in any other case, means a judge of the superior
court of criminal jurisdiction of the province, a judge of the Court of Quebec or three judges of the Court of Quebec.
R.S., c. 27 (1st Supp.), s. 91
236 Section 526 of the Act is replaced by the following:
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Directions for expediting proceedings 526 Subject to subsection 525(4), a court, judge or justice before which or whom an accused appears under this Part may give directions for expediting any proceedings in respect of the accused.
R.S., c. 27 (1st Supp.), ss. 94 and 203; 1999, c. 3, s. 34; 2008, c. 18, s. 18(1)
237 Subsections 530(1) to (4) of the Act are replaced by the following: Language of accused 530 (1) On application by an accused whose language is one of the official languages of Canada, made not later than the time of the appearance of the accused at which their trial date is set, a judge, provincial court judge, judge of the Nunavut Court of Justice or justice of the peace shall grant an order directing that the accused be tried before a justice of the peace, provincial court judge, judge or judge and jury, as the case may be, who speak the official language of Canada that is the language of the accused or, if the circumstances warrant, who speak both official languages of Canada.
Idem (2) On application by an accused whose language is not
one of the official languages of Canada, made not later than the time of the appearance of the accused at which their trial date is set, a judge, provincial court judge, judge of the Nunavut Court of Justice or justice of the peace may grant an order directing that the accused be tried before a justice of the peace, provincial court judge, judge or judge and jury, as the case may be, who speak the official language of Canada in which the accused, in the opinion of the judge, provincial court judge, judge of the Nunavut Court of Justice or justice of the peace, can best give testimony or, if the circumstances warrant, who speak both official languages of Canada. Accused to be advised of right (3) The judge, provincial court judge, judge of the Nunavut Court of Justice or justice of the peace before whom an accused first appears shall ensure that they are advised of their right to apply for an order under subsection (1) or (2) and of the time before which such an application must be made.
Remand (4) If an accused fails to apply for an order under subsection (1) or (2) and the judge, provincial court judge, judge of the Nunavut Court of Justice or justice of the peace before whom the accused is to be tried, in this Part referred to as “the court”, is satisfied that it is in the best interests
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of justice that the accused be tried before a justice of the peace, provincial court judge, judge or judge and jury who speak the official language of Canada that is the language of the accused or, if the language of the accused is not one of the official languages of Canada, the official language of Canada in which the accused, in the opinion of the court, can best give testimony, the court may, if it does not speak that language, by order remand the accused to be tried by a justice of the peace, provincial court judge, judge or judge and jury, as the case may be, who speak that language or, if the circumstances warrant, who speak both official languages of Canada.
2002, c. 13, s. 24
238 Section 535 of the Act is replaced by the following: Inquiry by justice 535 If an accused who is charged with an indictable offence that is punishable by 14 years or more of imprisonment is before a justice and a request has been made for a preliminary inquiry under subsection 536(4) or 536.1(3), the justice shall, in accordance with this Part, inquire into the charge and any other indictable offence, in respect of the same transaction, founded on the facts that are disclosed by the evidence taken in accordance with this Part. 2002, c. 13, s. 25(1)
239 (1) Subsection 536(2) of the Act is replaced by the following:
Election before justice — 14 years or more of imprisonment (2) If an accused is before a justice, charged with an indictable offence that is punishable by 14 years or more of imprisonment, other than an offence listed in section 469, the justice shall, after the information has been read to the accused, put the accused to an election in the following words: You have the option to elect to be tried by a provincial court judge without a jury and without having had a preliminary inquiry; or you may elect to be tried by a judge without a jury; or you may elect to be tried by a court composed of a judge and jury. If you do not elect now, you are deemed to have elected to be tried by a court composed of a judge and jury. If you elect to be tried by a judge without a jury or by a court composed of a judge and jury or if you are deemed to have elected to be tried by a court composed of a judge and jury, you will have a preliminary inquiry only if you or the prosecutor requests one. How do you elect to be tried?
Election before justice — other indictable offences (2.1) If an accused is before a justice, charged with an indictable
offence — other
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punishable by 14 years or more of imprisonment, an offence listed in section 469 that is not punishable by 14 years or more of imprisonment or an offence over which a provincial court judge has absolute jurisdiction under section 553 —, the justice shall, after the information has been read to the accused, put the accused to an election in the following words: You have the option to elect to be tried by a provincial court judge without a jury; or you may elect to be tried by a judge without a jury; or you may elect to be tried by a court composed of a judge and jury. If you do not elect now, you are deemed to have elected to be tried by a court composed of a judge and jury. How do you elect to be tried?
R.S., c. 27 (1st Supp.), s. 96
(2) Paragraph 536(3)(a) of the French version of
the Act is replaced by the following: a) si le juge de paix n’est pas un juge de la cour provinciale, renvoie le prévenu, pour comparution et plaidoyer relativement à l’inculpation, devant un juge de la cour provinciale ayant juridiction dans la circonscription territoriale où l’infraction aurait été commise; 2004, c. 12, s. 9(1)
(3) Subsection 536(4) of the Act is replaced by the
following: Request for preliminary inquiry (4) If an accused referred to in subsection (2) elects to be
tried by a judge without a jury or by a court composed of a judge and jury or does not elect when put to the election or is deemed under paragraph 565(1)(a) to have elected to be tried by a court composed of a judge and jury, or if an accused is charged with an offence listed in section 469 that is punishable by 14 years or more of imprisonment, the justice shall, subject to section 577, on the request of the accused or the prosecutor made at that time or within the period fixed by rules of court made under section 482 or 482.1 or, if there are no such rules, by the justice, hold a preliminary inquiry into the charge.
2004, c. 12, s. 9(2)
(4) The portion of subsection 536(4.1) of the Act
before paragraph (a) is replaced by the following: Endorsement on the information — accused referred to in subsection (2) (4.1) If an accused referred to in subsection (2) elects to be tried by a judge without a jury or by a court composed of a judge and jury or does not elect when put to the election or is deemed under paragraph 565(1)(a) to have elected to be tried by a court composed of a judge and jury, the justice shall endorse on the information and, if the
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accused is in custody, on the warrant of remand, a statement showing (5) Section 536 of the Act is amended by adding
the following after subsection (4.1):
Endorsement on the information — other accused charged with an offence punishable by 14 years or more of imprisonment (4.11) If an accused is before a justice, charged with an
offence listed in section 469 that is punishable by 14 years or more of imprisonment, the justice shall endorse on the information and, if the accused is in custody, on the warrant of remand, a statement showing whether the accused or the prosecutor has requested that a preliminary inquiry be held. Endorsement on the information — accused referred to in subsection (2.1) (4.12) If an accused referred to in subsection (2.1) elects
to be tried by a judge without a jury or by a court composed of a judge and jury or does not elect when put to the election or is deemed under paragraph 565(1)(a) to have elected to be tried by a court composed of a judge and jury, the justice shall endorse on the information and, if the accused is in custody, on the warrant of remand, a statement showing the nature of the election or deemed election of the accused or that the accused did not elect, as the case may be. R.S., c. 27 (1st Supp.), s. 96
(6) Subsection 536(5) of the French version of the
Act is replaced by the following: Compétence (5) Lorsqu’un juge de paix devant qui se tient ou doit se tenir une enquête préliminaire n’a pas commencé à recueillir la preuve, tout juge de paix ayant juridiction dans la province où l’infraction dont le prévenu est inculpé aurait été commise est compétent pour l’application du paragraphe (4). 2002, c. 13, s. 26; 2004, c. 12, s. 10(1)
240 (1) Subsections 536.1(2) and (3) of the Act are
replaced by the following: Election before judge or justice of the peace in Nunavut — 14 years or more of imprisonment (2) If an accused is before a judge or justice of the peace, charged with an indictable offence that is punishable by 14 years or more of imprisonment, other than an offence mentioned in section 469, the judge or justice of the peace shall, after the information has been read to the
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accused, put the accused to an election in the following words: You have the option to elect to be tried by a judge without a jury or to be tried by a court composed of a judge and jury. If you do not elect now, you are deemed to have elected to be tried by a court composed of a judge and jury. If you elect to be tried by a judge without a jury or by a court composed of a judge and jury or if you are deemed to have elected to be tried by a court composed of a judge and jury, you will have a preliminary inquiry only if you or the prosecutor requests one. How do you elect to be tried?
Election before judge or justice of the peace in Nunavut — other indictable offences (2.1) If an accused is before a judge or justice of the
peace, charged with an indictable offence — other than an offence that is punishable by 14 years or more of imprisonment, an offence listed in section 469 that is not punishable by 14 years or more of imprisonment or an offence mentioned in section 553 —, the judge or justice of the peace shall, after the information has been read to the accused, put the accused to an election in the following words: You have the option to elect to be tried by a judge without a jury or to be tried by a court composed of a judge and jury. If you do not elect now, you are deemed to have elected to be tried by a court composed of a judge and jury. How do you elect to be tried?
Request for preliminary inquiry — Nunavut (3) If an accused referred to in subsection (2) elects to be
tried by a judge without a jury or by a court composed of a judge and jury or does not elect when put to the election or is deemed under paragraph 565(1)(a) to have elected to be tried by a court composed of a judge and jury or if an accused is charged with an offence listed in section 469 that is punishable by 14 years or more of imprisonment, the justice or judge shall, subject to section 577, on the request of the accused or the prosecutor made at that time or within the period fixed by rules of court made under section 482 or 482.1 or, if there are no such rules, by the judge or justice, hold a preliminary inquiry into the charge. 2004, c. 12, s. 10(2)
(2) The portion of subsection 536.1(4) of the Act before paragraph (a) is replaced by the following:
Endorsement on the information — accused referred to in subsection (2) (4) If an accused referred to in subsection (2) elects to be
tried by a judge without a jury or by a court composed of a judge and jury or does not elect when put to the election or is deemed under paragraph 565(1)(a) to have elected to be tried by a court composed of a judge and jury, the justice or judge shall endorse on the information
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and, if the accused is in custody, on the warrant of remand, a statement showing (3) Section 536.1 of the Act is amended by adding the following after subsection (4):
Endorsement on the information — other accused charged with an offence punishable by 14 years or more of imprisonment (4.01) If an accused is before a judge or justice of the peace, charged with an offence listed in section 469 that is punishable by 14 years or more of imprisonment, the justice or judge shall endorse on the information and, if the accused is in custody, on the warrant of remand, a statement showing whether the accused or the prosecutor has requested that a preliminary inquiry be held.
Endorsement on the information — accused referred to in subsection (2.1) (4.02) If an accused referred to in subsection (2.1) elects
to be tried by a judge without a jury or by a court composed of a judge and jury or does not elect when put to the election or is deemed under paragraph 565(1)(a) to have elected to be tried by a court composed of a judge and jury, the justice shall endorse on the information and, if the accused is in custody, on the warrant of remand, a statement showing the nature of the election or deemed election of the accused or that the accused did not elect, as the case may be. 2002, c. 13, s. 27
241 Section 536.5 of the English version of the Act
is replaced by the following: Agreement to limit scope of preliminary inquiry 536.5 Whether or not a hearing is held under section
536.4, the prosecutor and the accused may agree to limit the scope of the preliminary inquiry to specific issues. An agreement shall be filed with the court or recorded under subsection 536.4(2), as the case may be. 1994, c. 44, s. 53(2); 2002, c. 13, s. 28(1)
242 (1) Paragraphs 537(1)(i) and (j) of the Act are
replaced by the following: (i) regulate the course of the inquiry in any way that appears to the justice to be desirable, including to promote a fair and expeditious inquiry, that is consistent with this Act and that, unless the justice is satisfied that to do so would be contrary to the best interests of the administration of justice, is in accordance with any admission of fact or agreement recorded under
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subsection 536.4(2) or agreement made under section 536.5; (j) if the prosecutor and the accused so agree, permit
the accused to appear by counsel or by closed-circuit television or videoconference, for any part of the inquiry other than a part in which the evidence of a witness is taken; 1997, c. 18, s. 64(1)
(2) Paragraph 537(1)(k) of the Act is replaced by the following: (k) require an accused who is confined in prison to
appear by closed-circuit television or videoconference, for any part of the inquiry other than a part in which the evidence of a witness is taken, as long as the accused is given the opportunity to communicate privately with counsel if they are represented by counsel. 2008, c. 18, s. 22
(3) Subsection 537(1.01) of the Act is replaced by
the following: Power provided under paragraph (1)(i) (1.01) For the purpose of paragraph (1)(i), the justice may, among other things, limit the scope of the preliminary inquiry to specific issues and limit the witnesses to be heard on these issues.
Section 715 or 715.01 (1.02) If a justice grants a request under paragraph (1)(j.1), the Court must inform the accused that the evidence taken during their absence could still be admissible under section 715 or 715.01. 2002, c. 13, s. 29(1)
243 Paragraph 540(1)(a) of the Act is replaced by
the following: (a) take the evidence under oath of the witnesses called on the part of the prosecution, subject to subsection 537(1.01), and allow the accused or counsel for the accused to cross-examine them; and 1994, c. 44, s. 54
244 (1) Subsection 541(1) of the Act is replaced by the following:
Hearing of witnesses 541 (1) When the evidence of the witnesses called on the part of the prosecution has been taken down and, if required by this Part, has been read, the justice shall, subject to this section and subsection 537(1.01), hear the witnesses called by the accused.
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1994, c. 44, s. 54
(2) Subsection 541(5) of the Act is replaced by the
following: Depositions of witnesses (5) Subject to subsection 537(1.01), the justice shall hear each witness called by the accused who testifies to any matter relevant to the inquiry, and for the purposes of this subsection, section 540 applies with any modifications that the circumstances require. 245 (1) Subsection 543(1) of the Act is replaced by
the following: Order that accused appear or be taken before justice where offence alleged to have been committed 543 (1) If an accused is charged with an offence alleged to have been committed out of the limits of the jurisdiction in which they have been charged, the justice before whom they appear or are brought may, at any stage of the inquiry after hearing both parties, order the accused to appear or, if the accused is in custody, issue a warrant in Form 15 to convey the accused before a justice who, having jurisdiction in the place where the offence is alleged to have been committed, shall continue and complete the inquiry. (2) The portion of subsection 543(2) of the French
version of the Act before paragraph (a) is replaced by the following: Transmission de la transcription et des documents et effet de l’ordonnance ou du mandat (2) Lorsqu’un juge de paix rend une ordonnance ou décerne un mandat en application du paragraphe (1), il fait transmettre à un juge de paix ayant juridiction à l’endroit où l’infraction aurait été commise la transcription de tous témoignages rendus devant lui lors de l’enquête et tous les documents qu’il avait alors devant lui et qui se rapportent à l’enquête, et : (3) Paragraph 543(2)(b) of the French version of
the Act is replaced by the following: b) toute citation à comparaître délivrée au prévenu, toute promesse de comparaître ou promesse remise par lui, ou tout engagement contracté par lui aux termes de la partie XVI, sont censés l’avoir été dans le ressort où l’infraction aurait été commise et enjoindre au prévenu de comparaître devant le juge de paix auquel la transcription et les documents sont transmis au moment prévu dans l’ordonnance rendue au sujet du prévenu en vertu de l’alinéa (1)a). (4) Paragraph 543(2)(b) of the Act is replaced by the following:
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(b) any appearance notice, undertaking or release order issued to or given or entered into by the accused shall be deemed to have been issued, given or entered into in the jurisdiction where the offence is alleged to have been committed and to require the accused to appear before the justice to whom the transcript and documents are transmitted at the time provided in the order made in respect of the accused under paragraph (1)(a). 1994, c. 44, s. 55
246 Subsection 544(5) of the Act is replaced by
the following: Accused calling witnesses (5) If, at the conclusion of the evidence on the part of the prosecution at a preliminary inquiry that has been continued under subsection (1), the accused is absent but their counsel is present, the counsel shall be given an opportunity to call witnesses on behalf of the accused, subject to subsection 537(1.01), and subsection 541(5) applies with any modifications that the circumstances require. 2002, c. 13, s. 30
247 Subsection 549(1.1) of the Act is replaced by
the following: Limited preliminary inquiry (1.1) If the prosecutor and the accused agree under section 536.5 to limit the scope of a preliminary inquiry to specific issues, the justice, without taking or recording evidence on any other issues, may order the accused to stand trial in the court having criminal jurisdiction.
248 Subsection 550(2) of the Act is replaced by
the following: Clarification (2) A recognizance entered into under this section may
be set out at the end of a deposition or be separate from it. R.S., c. 27 (1st Supp.), s. 102
249 Section 551 of the Act is replaced by the following: Transmission of record by justice 551 If a justice orders an accused to stand trial, the justice shall immediately send to the clerk or other proper officer of the court by which the accused is to be tried, any information, evidence, exhibits, or statement of the
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accused taken down in writing in accordance with section 541, any appearance notice, undertaking or release order given by or issued to the accused and any evidence taken before a coroner that is in the possession of the justice. 2011, c. 16, s. 4
250 Subsection 551.1(3) of the Act is repealed.
2011, c. 16, s. 4
251 (1) The portion of subsection 551.3(1) of the
Act before paragraph (a) is replaced by the following: Powers before evidence on merits presented 551.3 (1) In performing their duties before the stage of
the presentation of the evidence on the merits, the case management judge, as a trial judge, exercises the powers that a trial judge has before that stage in order to assist in promoting a fair and efficient trial, including by
(2) Subsection 551.3(1) of the Act is amended by striking out “and” at the end of paragraph (f), by adding “and” at the end of paragraph (g) and by adding the following after paragraph (g): (h) ordering, in each case set out in subsection 599(1),
that the trial be held in a territorial division in the same province other than that in which the offence would otherwise be tried. 251.1 Subparagraph 553(c)(vi) of the Act is repealed. R.S., c. 27 (1st Supp.), s. 203; 1994, c. 44, s. 58
252 (1) Subsections 555(1) and (2) of the Act are replaced by the following:
If charge should be prosecuted by indictment 555 (1) If in any proceedings under this Part an accused
is before a provincial court judge and it appears to the provincial court judge that for any reason the charge should be prosecuted in superior court, the provincial court judge may, at any time before the accused has entered a defence, decide not to adjudicate and shall then inform the accused of the decision.
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Election before justice (1.1) If the provincial court judge has decided not to adjudicate, the judge shall put the accused to an election in the following words: You have the option to elect to be tried by a superior court judge without a jury or you may elect to be tried by a court composed of a judge and jury. If you do not elect now, you are deemed to have elected to be tried by a court composed of a judge and jury. If you elect to be tried by a judge without a jury or by a court composed of a judge and jury or if you are deemed to have elected to be tried by a court composed of a judge and jury, you will have a preliminary inquiry only if you are entitled to one and you or the prosecutor requests one. How do you elect to be tried?
Continuing proceedings (1.2) If the accused is entitled to a preliminary inquiry
and they or the prosecutor requests one, the provincial court judge shall continue the proceedings as a preliminary inquiry. If subject matter is testamentary instrument or exceeds $5,000 in value (2) If an accused is before a provincial court judge,
charged with an offence prosecuted by indictment mentioned in paragraph 553(a) or subparagraph 553(b)(i), and, at any time before the provincial court judge makes an adjudication, the evidence establishes that the subject matter of the offence is a testamentary instrument or that its value exceeds $5,000, the provincial court judge shall put the accused to their election in accordance with subsection 536(2.1). R.S., c. 27 (1st Supp.), s. 106; 2002, c. 13, s. 32
(2) The portion of subsection 555(3) of the Act before paragraph (b) is replaced by the following:
Continuing proceedings (3) If an accused is put to their election under subsection (1.1) or (2), the following provisions apply: (a) if the accused elects to be tried by a superior court
judge without a jury or a court composed of a judge and jury or does not elect when put to their election, the provincial court judge shall endorse on the information a record of the nature of the election or deemed election; and
1999, c. 3, s. 39; 2002, c. 13, s. 33
253 Section 555.1 of the Act is replaced by the following:
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If charge should be prosecuted by indictment — Nunavut 555.1 (1) If in any criminal proceedings under this Part an accused is before a judge of the Nunavut Court of Justice and it appears to the judge that for any reason the charge should be prosecuted by indictment, the judge may, at any time before the accused has entered a defence, decide not to adjudicate and shall then inform the accused of the decision.
Election before justice (1.1) If the judge has decided not to adjudicate, the
judge shall put the accused to an election in the following words: You have the option to elect to be tried by a judge without a jury or to be tried by a court composed of a judge and jury. If you do not elect now, you are deemed to have elected to be tried by a court composed of a judge and jury. If you elect to be tried by a judge without a jury or by a court composed of a judge and jury or if you are deemed to have elected to be tried by a court composed of a judge and jury, you will have a preliminary inquiry only if you are entitled to one and you or the prosecutor requests one. How do you elect to be tried?
Continuing proceedings (1.2) If the accused is entitled to a preliminary inquiry and they or the prosecutor requests one, the judge shall endorse on the information a record of the nature of the election or deemed election and continue the proceedings as a preliminary inquiry.
If subject-matter is testamentary instrument or exceeds $5,000 in value — Nunavut (2) If an accused is before a judge of the Nunavut Court
of Justice, charged with an offence prosecuted by indictment mentioned in paragraph 553(a) or subparagraph 553(b)(i), and, at any time before the judge makes an adjudication, the evidence establishes that the subject matter of the offence is a testamentary instrument or that its value exceeds $5,000, the judge shall put the accused to their election in accordance with subsection 536.1(2.1). Continuing proceedings — Nunavut (3) If an accused is put to their election under subsection
(1.1) and no preliminary inquiry is requested, or is put to an election under subsection (2), and elects to be tried by a judge without a jury or a court composed of a judge and jury or does not elect when put to the election, the judge shall endorse on the information a record of the nature of the election or deemed election and continue with the trial.
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Application to Nunavut (4) This section, and not section 555, applies in respect of criminal proceedings in Nunavut. R.S., c. 27 (1st Supp.), s. 110; 2002, c. 13, s. 37
254 (1) Subsections 561(1) to (5) of the Act are replaced by the following: Right to re-elect 561 (1) An accused who elects or is deemed to have
elected a mode of trial other than trial by a provincial court judge may re-elect, (a) if the accused is charged with an offence for which
a preliminary inquiry has been requested under subsection 536(4), (i) at any time before or after the completion of the preliminary inquiry, with the written consent of the prosecutor, to be tried by a provincial court judge, (ii) at any time before the completion of the preliminary inquiry or before the 60th day following the completion of the preliminary inquiry, as of right, another mode of trial other than trial by a provincial court judge, and (iii) on or after the 60th day following the completion of the preliminary inquiry, any mode of trial with the written consent of the prosecutor; or (b) if the accused is charged with an offence for which they are not entitled to request a preliminary inquiry or if they did not request a preliminary inquiry under subsection 536(4), (i) as of right, not later than 60 days before the day first appointed for the trial, another mode of trial other than trial by a provincial court judge, or (ii) any mode of trial with the written consent of the prosecutor.
Right to re-elect (2) An accused who elects to be tried by a provincial court judge may, not later than 60 days before the day first appointed for the trial, re-elect as of right another mode of trial, and may do so after that time with the written consent of the prosecutor.
Notice of re-election under paragraph (1)(a) (3) If an accused intends to re-elect under paragraph (1)(a) before the completion of the preliminary inquiry, they shall give notice in writing of their intention to
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re-elect, together with the written consent of the prosecutor, if that consent is required, to the justice presiding at the preliminary inquiry who shall on receipt of the notice, (a) in the case of a re-election under subparagraph (1)(a)(ii), put the accused to their re-election in the manner set out in subsection (7); or (b) if the accused intends to re-elect under subparagraph (1)(a)(i) and the justice is not a provincial court judge, notify a provincial court judge or clerk of the court of the accused’s intention to re-elect and send to the provincial court judge or clerk the information and any promise to appear, undertaking or recognizance given or entered into in accordance with Part XVI, or any evidence taken before a coroner, that is in the possession of the justice.
Notice of re-election under paragraph (1)(b) or subsection (2) (4) If an accused intends to re-elect under paragraph
(1)(b) or subsection (2), they shall give notice in writing that they intend to re-elect together with the written consent of the prosecutor, if that consent is required, to the provincial court judge before whom the accused appeared and pleaded or to a clerk of the court. Notice and transmitting record (5) If an accused intends to re-elect under paragraph (1)(a) after the completion of the preliminary inquiry, they shall give notice in writing that they intend to reelect, together with the written consent of the prosecutor, if that consent is required, to a judge or clerk of the court of the accused’s original election who shall, on receipt of the notice, (a) notify the judge or provincial court judge or clerk
of the court by which the accused wishes to be tried of the accused’s intention to re-elect; and (b) send to that judge or provincial court judge or clerk the information, the evidence, the exhibits and the statement, if any, of the accused taken down in writing under section 541 and any promise to appear, undertaking or recognizance given or entered into in accordance with Part XVI, or any evidence taken before a coroner, that is in the possession of the firstmentioned judge or clerk. (2) Paragraph 561(3)(b) of the Act is replaced by
the following:
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(b) if the accused intends to re-elect under subparagraph (1)(a)(i) and the justice is not a provincial court judge, notify a provincial court judge or clerk of the court of the accused’s intention to re-elect and send to the provincial court judge or clerk any information, appearance notice, undertaking or release order given by or issued to the accused and any evidence taken before a coroner that is in the possession of the justice. (3) Subsection 561(5) of the Act is replaced by the following:
Notice and transmitting record (5) If an accused intends to re-elect under paragraph (1)(a) after the completion of the preliminary inquiry, they shall give notice in writing, together with the written consent of the prosecutor, if that consent is required, to a judge or clerk of the court of the accused’s original election. The judge or clerk shall, on receipt of the notice, (a) notify the judge or provincial court judge or clerk of the court by which the accused wishes to be tried of the accused’s intention to re-elect; and (b) send to that judge or provincial court judge or clerk any information, evidence, exhibits and statement of the accused taken down in writing in accordance with section 541, any appearance notice, undertaking or release order given by or issued to the accused and any evidence taken before a coroner that is in the possession of the first-mentioned judge or clerk. R.S., c. 27 (1st Supp.), s. 110
(4) Subsection 561(6) of the French version of the Act is replaced by the following:
Date, heure et lieu du nouveau choix (6) Lorsqu’un juge de la cour provinciale ou un juge ou
un greffier du tribunal est avisé en vertu de l’alinéa (3)b) ou des paragraphes (4) ou (5) que le prévenu désire faire un nouveau choix, le juge de la cour provinciale ou le juge doit immédiatement fixer les date, heure et lieu où le prévenu pourra faire son nouveau choix et doit faire en sorte qu’un avis soit donné au prévenu et au poursuivant. R.S., c. 27 (1st Supp.), s. 110
(5) Subsection 561(7) of the Act is replaced by the following:
Proceedings on re-election (7) The accused shall attend or, if in custody, shall be
produced at the time and place appointed under subsection (6) and shall be put to a re-election after
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(a) the charge on which the accused has been ordered
to stand trial or the indictment, if an indictment has been preferred under section 566, 574 or 577 or is filed with the court before which the indictment is to be preferred under section 577, has been read to the accused; or (b) the information, in the case of a re-election under paragraph (1)(a), before the completion of the preliminary inquiry, or under paragraph (1)(b) or subsection (2), has been read to the accused.
The accused shall be put to their re-election in the following words or in words to the like effect: You have given notice of your intention to re-elect the mode of your trial. You now have the option to do so. How do you intend to reelect? 2002, c. 13, s. 38(1)
255 (1) Subsections 561.1(2) and (3) of the Act are
replaced by the following: Right to re-elect before trial — Nunavut (2) An accused who has elected or is deemed to have
elected a mode of trial but has not requested a preliminary inquiry under subsection 536.1(3) or is not entitled to make such a request under that subsection may, as of right, re-elect to be tried by any other mode of trial at any time up to 60 days before the day first appointed for the trial. Right to re-elect at preliminary inquiry — Nunavut (3) An accused who has elected or is deemed to have
elected a mode of trial and has requested a preliminary inquiry under subsection 536.1(3) may, as of right, reelect to be tried by the other mode of trial at any time before the completion of the preliminary inquiry or before the 60th day after its completion. 1999, c. 3, s. 43
(2) Subsection 561.1(4) of the French version of
the Act is replaced by the following: Avis : cas des paragraphes (1) ou (3) : Nunavut (4) S’il a l’intention de faire un nouveau choix avant la fin de l’enquête préliminaire en vertu des paragraphes (1) ou (3), le prévenu doit en donner un avis écrit, accompagné, le cas échéant, du consentement, au juge de paix ou juge présidant l’enquête qui, sur réception de l’avis, l’appelle à faire son nouveau choix en vertu du paragraphe (9). 2002, c. 13, s. 38(2)
(3) Subsection 561.1(5) of the Act is replaced by
the following:
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Notice at preliminary inquiry — Nunavut (5) If at a preliminary inquiry an accused intends to reelect under subsection (1) or (3) to be tried by a judge without a jury but does not intend to request a preliminary inquiry under subsection 536.1(3), the presiding justice of the peace shall notify a judge or a clerk of the Nunavut Court of Justice of the accused’s intention to reelect and send to the judge or clerk any information, appearance notice, undertaking or release order given by or issued to the accused and any evidence taken before a coroner that is in the possession of the justice of the peace. 2002, c. 13, s. 38(2)
(4) Subsection 561.1(6) of the Act is replaced by
the following: Notice when no preliminary inquiry or preliminary inquiry completed — Nunavut (6) If an accused who has not requested a preliminary inquiry under subsection 536.1(3), who has had one or who was not entitled to make such a request under that subsection intends to re-elect under this section, the accused shall give notice in writing of the intention to re-elect together with the written consent of the prosecutor, if that consent is required, to the judge before whom the accused appeared and pleaded or to a clerk of the Nunavut Court of Justice. 1999, c. 3, s. 43
(5) Subsection 561.1(9) of the Act is replaced by
the following: Proceedings on re-election — Nunavut (9) The accused shall attend or, if in custody, shall be
produced at the time and place appointed under subsection (8) and shall be put to a re-election after (a) the charge on which the accused has been ordered
to stand trial has been read to the accused or, if an indictment has been preferred under section 566, 574 or 577 or is filed with the court before which the indictment is to be preferred under section 577, the indictment has been read to the accused; or (b) the information — in the case of a re-election under subsection (1) or (3), before the completion of the preliminary inquiry, or under subsection (2) — has been read to the accused.
The accused shall be put to their re-election in the following words or in words to the like effect: You have given notice of your intention to re-elect the mode of your trial. You now have the option to do so. How do you intend to reelect?
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R.S., c. 27 (1st Supp.), s. 110
256 Section 562 of the Act is replaced by the following: Proceedings following re-election 562 (1) If the accused re-elects under subparagraph
561(1)(a)(i) before the completion of the preliminary inquiry, under paragraph 561(1)(a) after the completion of the preliminary inquiry or under paragraph 561(1)(b), the provincial court judge or judge, as the case may be, shall proceed with the trial or appoint a time and place for the trial. Proceedings following re-election (2) If
the accused re-elects under subparagraph 561(1)(a)(ii) before the completion of the preliminary inquiry, or under subsection 561(2), and requests a preliminary inquiry under subsection 536(4), the justice shall proceed with the preliminary inquiry.
2002, c. 13, s. 39
257 Subsection 562.1(1) of the Act is replaced by
the following: Proceedings following re-election — Nunavut 562.1 (1) If the accused re-elects under subsection
561.1(1) to be tried by a judge without a jury and does not request a preliminary inquiry under subsection 536.1(3), or if the accused re-elects any other mode of trial under subsection 561.1(2) but is not entitled to make a request for a preliminary inquiry under subsection 536.1(3), the judge shall proceed with the trial or appoint a time and place for the trial. R.S., c. 27 (1st Supp.), s. 110
258 Paragraph 563(a) of the Act is replaced by the following: (a) the accused shall be tried on the information that was before the justice at the preliminary inquiry, if applicable, subject to any amendments to the information that may be allowed by the provincial court judge by whom the accused is tried; and 1999, c. 3, s. 45; 2002, c. 13, s. 40
259 The portion of subsection 563.1(1) of the Act
before paragraph (b) is replaced by the following: Proceedings on re-election to be tried by judge without jury — Nunavut 563.1 (1) If an accused re-elects under section 561.1 to be tried by a judge without a jury and does not request a
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preliminary inquiry under subsection 536.1(3) or is not entitled to make such a request under that subsection, (a) the accused shall be tried on the information that was before the justice of the peace or judge at the preliminary inquiry, if applicable, subject to any amendments that may be allowed by the judge by whom the accused is tried; and R.S., c. 27 (1st Supp.), s. 111; 1999, c. 3, ss. 46(1) and (2); 2008, c. 18, s. 23
260 (1) Subsections 565(1) to (2) of the Act are replaced by the following: Election deemed to have been made 565 (1) If an accused is ordered to stand trial for an offence that, under this Part, may be tried by a judge without a jury, the accused shall, for the purposes of the provisions of this Part relating to election and re-election, be deemed to have elected to be tried by a court composed of a judge and jury if (a) the justice of the peace, provincial court judge or judge, as the case may be, declined to record the election or re-election of the accused under section 567 or subsection 567.1(1); or (b) the accused does not elect when put to an election under section 536 or 536.1.
When direct indictment preferred (2) If an accused is to be tried after an indictment has
been preferred against the accused on the basis of a consent or order given under section 577, the accused is, for the purposes of the provisions of this Part relating to election and re-election, deemed to have elected to be tried by a court composed of a judge and jury and not to have requested a preliminary inquiry under subsection 536(4) or 536.1(3), if they were entitled to make such a request, and may re-elect to be tried by a judge without a jury without a preliminary inquiry.
2008, c. 18, s. 23
(2) Subsection 565(3) of the Act is replaced by the
following: Notice of re-election (3) If an accused intends to re-elect under subsection (2),
the accused shall give notice in writing to a judge or clerk of the court where the indictment has been filed or preferred. The judge or clerk shall, on receipt of the notice, notify a judge having jurisdiction or clerk of the court by which the accused wishes to be tried of the accused’s intention to re-elect and send to that judge or clerk any
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indictment, appearance notice, undertaking or release order given by or issued to the accused, any summons or warrant issued under section 578 and any evidence taken before a coroner that is in the possession of the firstmentioned judge or clerk. 2002, c. 13, s. 42
261 Subsection 566.1(1) of the Act is replaced by
the following: Indictment — Nunavut 566.1 (1) The trial of an accused for an indictable offence, other than an indictable offence referred to in section 553 or an offence in respect of which the accused has elected or re-elected to be tried by a judge without a jury and in respect of which no party has requested a preliminary inquiry under subsection 536.1(3) or was not entitled to make such a request under that subsection, must be on an indictment in writing setting out the offence with which the accused is charged. R.S., c. 27 (1st Supp.), s. 112; 1994, c. 44, s. 59(1)
262 (1) Subsections 570(1) and (2) of the Act are
replaced by the following: Record of conviction or order 570 (1) If an accused who is tried under this Part is determined by a judge or provincial court judge to be guilty of an offence on acceptance of a plea of guilty or on a finding of guilt, the judge or provincial court judge, as the case may be, shall endorse the information accordingly and shall sentence the accused or otherwise deal with the accused in the manner authorized by law and, on request by the accused, the prosecutor, a peace officer or any other person, a conviction in Form 35 and a certified copy of it, or an order in Form 36 and a certified copy of it, shall be drawn up and the certified copy shall be delivered to the person making the request.
Acquittal and record of acquittal (2) If an accused who is tried under this Part is found not guilty of an offence with which the accused is charged, the judge or provincial court judge, as the case may be, shall immediately acquit the accused in respect of that offence, an order in Form 37 shall be drawn up and, on request, a certified copy shall be drawn up and delivered to the accused. 1994, c. 44, s. 59(2); 2003, c. 21, s. 10
(2) Subsections 570(5) and (6) of the Act are replaced by the following:
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Warrant of committal (5) If an accused other than an organization is convicted, the judge or provincial court judge, as the case may be, shall issue a warrant of committal in Form 21, and section 528 applies in respect of a warrant of committal issued under this subsection.
Admissibility of certified copy (6) If a warrant of committal is signed by a clerk of a court, a copy of the warrant of committal, certified by the clerk, is admissible in evidence in any proceeding. 2002, c. 13, s. 45
263 Subsection 574(1.1) of the Act is replaced by
the following: Preferring indictment when no preliminary inquiry (1.1) If a person has not requested a preliminary inquiry under subsection 536(4) or 536.1(3) into the charge or was not entitled to make such a request, the prosecutor may, subject to subsection (3), prefer an indictment against a person in respect of a charge set out in an information or informations, or any included charge, at any time after the person has made an election, re-election or deemed election on the information or informations.
R.S., c. 27 (1st Supp.), s. 117
264 Subsection 579(1) of the Act is replaced by
the following: Attorney General may direct stay 579 (1) The Attorney General or counsel instructed by the Attorney General for that purpose may, at any time after any proceedings in relation to an accused or a defendant are commenced and before judgment, direct the clerk or other proper officer of the court to make an entry on the record that the proceedings are stayed by the Attorney General’s or counsel’s direction, as the case may be, and the entry shall then be made, at which time the proceedings shall be stayed accordingly and any undertaking or release order relating to the proceedings is vacated. 1994, c. 44, s. 60
265 (1) The portion of subsection 579.1(1) of the
Act before paragraph (b) is replaced by the following:
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Intervention by Attorney General of Canada or Director of Public Prosecutions 579.1 (1) The Attorney General of Canada or the Director of Public Prosecutions appointed under subsection 3(1) of the Director of Public Prosecutions Act, or counsel instructed by him or her for that purpose, may intervene in proceedings in the following circumstances: (a) the proceedings are in respect of an offence for
which he or she has the power to commence or to conduct a proceeding; 1994, c. 44, s. 60
(2) Paragraph 579.1(1)(d) of the French version of
the Act is replaced by the following: d) à l’égard de laquelle n’est pas intervenu le procureur général de la province où les poursuites ou procédures sont engagées. 1994, c. 44, s. 60
(3) Subsection 579.1(2) of the Act is replaced by
the following: Sections 579 and 579.01 to apply (2) Sections 579 and 579.01 apply, with any modifications that the circumstances require, to proceedings in which the Attorney General of Canada or the Director of Public Prosecutions intervenes under this section. 266 Subsection 597(3) of the Act is replaced by the following:
Interim release (3) If an accused is arrested under a warrant issued under subsection (1), a judge of the court that issued the warrant may make a release order referred to in section 515. 267 Paragraph 599(1)(a) of the Act is replaced by the following: (a) it appears expedient to the ends of justice, including (i) to promote a fair and efficient trial, and (ii) to ensure the safety and security of a victim or
witness or to protect their interests and those of society; or
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2002, c. 13, s. 49(1)
268 (1) The portion of subsection 606(1.1) of the English version of the Act before subparagraph (b)(i) is replaced by the following:
Conditions for accepting guilty plea (1.1) A court may accept a plea of guilty only if it is satisfied that (a) the accused is making the plea voluntarily; (b) the accused understands (2) Subsection 606(1.1) of the Act is amended by adding “and” at the end of paragraph (b) and by adding the following after paragraph (b): (c) the facts support the charge. 1992, c. 41, s. 2; 2001, c. 32, s. 40; 2002, c. 13, s. 54(1) and (2); 2008, c. 18, s. 25; 2011, c. 16, s. 8
269 Sections 633 and 634 of the Act are replaced by the following:
Stand by 633 The judge may direct a juror who has been called under subsection 631(3) or (3.1) to stand by for reasons of personal hardship, maintaining public confidence in the administration of justice or any other reasonable cause.
1992, c. 41, s. 2
270 Subsection 635(1) of the Act is replaced by
the following: Order of challenges 635 (1) The accused shall be called on before the prosecutor is called on to declare whether the accused challenges the first juror for cause, and after that the prosecutor and the accused shall be called on alternately, in respect of each of the remaining jurors, to first make such a declaration. 271 Paragraphs 638(1)(b) to (d) of the Act are replaced by the following: (b) a juror is not impartial; (c) a juror has been convicted of an offence for which
they were sentenced to a term of imprisonment of two years or more and for which no pardon or record suspension is in effect; (d) a juror is not a Canadian citizen;
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2008, c. 18, s. 26; 2011, c. 16, s. 9
272 Section 640 of the Act is replaced by the following: Determination of challenge for cause 640 (1) If a challenge is made on a ground mentioned in section 638, the judge shall determine whether the alleged ground is true or not and, if the judge is satisfied that it is true, the juror shall not be sworn.
Exclusion order (2) On the application of the accused or prosecutor or on
the judge’s own motion, the judge may order the exclusion of all jurors, sworn and unsworn, from the court room until it is determined whether the ground of challenge is true if the judge is of the opinion that the order is necessary to preserve the impartiality of the jurors. 273 Section 644 of the Act is amended by adding
the following after subsection (2):
Trial may continue without jury (3) If in the course of a trial the number of jurors is reduced below 10, the judge may, with the consent of the parties, discharge the jurors, continue the trial without a jury and render a verdict. 1994, c. 44, s. 61; 1997, c. 18, s. 77(1)(F) and (2)
274 Subsections 650(1.1) and (1.2) of the Act are
replaced by the following: Video links (1.1) If the court so orders, and if the prosecutor and the
accused so agree, the accused may appear by counsel or by closed-circuit television or videoconference, for any part of the trial other than a part in which the evidence of a witness is taken.
Video links (1.2) If the court so orders, an accused who is confined in prison may appear by closed-circuit television or videoconference, for any part of the trial other than a part in which the evidence of a witness is taken, as long as the accused is given the opportunity to communicate privately with counsel if they are represented by counsel. 2002, c. 13, s. 61
275 Section 650.02 of the Act is replaced by the
following:
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Remote appearance 650.02 The prosecutor or the counsel designated under section 650.01 may appear before the court by audioconference or videoconference, if the technological means is satisfactory to the court. 1991, c. 43, s. 4; 2005, c. 22, par. 42(d)(F)
276 Section 672.46 of the Act is replaced by the following:
Status quo pending Review Board hearing 672.46 (1) If the court does not make a disposition in
respect of the accused at a disposition hearing, any order for the detention of the accused or any release order, appearance notice, summons or undertaking in respect of the accused that is in force at the time the verdict of not criminally responsible on account of mental disorder or unfit to stand trial is rendered continues in force, subject to its terms, until the Review Board makes a disposition.
Variation (2) Despite subsection (1), a court may, pending a disposition by the Review Board in respect of the accused, on cause being shown, vacate the detention order, release order, appearance notice, summons or undertaking referred to in that subsection, and make any other order for the detention of the accused or any other release order that the court considers to be appropriate in the circumstances, including an order directing that the accused be detained in custody in a hospital. 1997, c. 18, s. 84(2); 2005, c. 22, para. 42(g)(F)
277 Subsection 672.5(13) of the Act is replaced by
the following: Video links (13) If the accused so agrees, the court or the chairperson of the Review Board may permit the accused to appear by closed-circuit television or videoconference for any part of the hearing. 2013, c.11, s.2
278 Paragraph (b) of the definition sentence in
section 673 of the Act is replaced by the following: (b) an order made under subsection 109(1) or 110(1), section 161, subsection 164.2(1) or 194(1), section 259, 261 or 462.37, subsection 491.1(2), 730(1) or 737(2.1) or (3) or section 738, 739, 742.1, 742.3, 743.6, 745.4 or 745.5,
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R.S., c. 27 (1st Supp.), s. 141; 1999, c. 25, s. 14
279 (1) Subsections 679(5) to (6) of the Act are replaced by the following: Conditions of release order (5) If the judge of the court of appeal does not refuse the
appellant’s application, the judge shall make a release order referred to in section 515, the form of which may be adapted to suit the circumstances, which must include a condition that the accused surrender themselves into custody in accordance with the order. Immediate release of appellant (5.1) The person having the custody of the appellant shall, if the appellant complies with the release order, immediately release the appellant.
Applicable provisions (6) Sections 495.1, 512.3 and 524 apply, with any modifications that the circumstances require, in respect of any proceedings under this section. (2) Subsection 679(9) of the Act is repealed.
1994, c. 44, s. 68
280 The portion of subsection 680(1) of the Act
before paragraph (a) is replaced by the following: Review by court of appeal 680 (1) A decision made by a judge under section 522, a
decision made under subsections 524(3) to (5) with respect to an accused referred to in paragraph 524(1)(a) or a decision made by a judge of the court of appeal under section 261 or 679 may, on the direction of the chief justice or acting chief justice of the court of appeal, be reviewed by that court and that court may, if it does not confirm the decision, 2002, c. 13, s. 67
281 (1) Subsection 683(2.1) of the Act is replaced
by the following: Remote appearance (2.1) In proceedings under this section, the court of appeal may order that a party appear by audioconference or videoconference, if the technological means is satisfactory to the court. (2) Section 683 of the Act is amended by adding the following after subsection (2.2):
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Application of sections 715.25 and 715.26 (2.3) Sections 715.25 and 715.26 apply, with any modifications that the circumstances require, to proceedings under this section. 2008, c. 18, s. 29(1)
(3) Subsection 683(5.1) of the Act is replaced by the following:
Release order or recognizance (5.1) Before making an order under paragraph (5)(e) or
(f), the court of appeal, or a judge of that court, may make a release order or order the offender to enter into a recognizance. 2008, c. 18, s. 29(2)
(4) Subsection 683(7) of the Act is replaced by the
following: Release order to be taken into account (7) If the offender is subject to a release order under subsection (5.1), the court of appeal shall, in determining whether to vary the sentence of the offender, take into account the conditions of that order and the period for which they were imposed on the offender.
1999, c. 3, s. 52(2)
282 Paragraph 686(5.01)(b) of the English version
of the Act is replaced by the following: (b) if the accused, in the notice of appeal or notice of
application for leave to appeal, did not request that the new trial, if ordered, should be held before a court composed of a judge and jury, the new trial shall, without further election by the accused, and without a preliminary inquiry, be held before a judge, acting under Part XIX, other than a judge who tried the accused in the first instance, unless the Court of Appeal of Nunavut directs that the new trial be held before the judge who tried the accused in the first instance; 2002, c. 13, s. 68
283 Paragraphs 688(2.1)(a) and (b) of the Act are replaced by the following: (a) at an application for leave to appeal or at any proceedings that are preliminary or incidental to an appeal, the appellant appear by audioconference or videoconference, if the technological means is satisfactory to the court; and (b) at the hearing of the appeal, if the appellant has access to legal advice, they appear by closed-circuit television or videoconference.
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R.S., c. 27 (1st Supp.), s. 203; 1997, c. 30, s. 2
284 Subsections 699(5) and (5.1) of the Act are replaced by the following:
Signature (5) A subpoena or warrant that is issued by a justice or provincial court judge under this Part must be signed by the justice, provincial court judge or the clerk of the court.
Sexual offences (5.1) Despite anything in subsections (1) to (5), in the
case of an offence referred to in subsection 278.2(1), a subpoena requiring a witness to bring to the court a record, the production of which is governed by sections 278.1 to 278.91, must be issued by a judge and signed by the judge or the clerk of the court. 1999, c. 18, s. 94
285 Subsection 700.1(1) of the Act is replaced by
the following: Video links 700.1 (1) If a person is to give evidence under section 714.1 or under subsection 46(2) of the Canada Evidence Act — or is to give evidence or a statement under an order made under section 22.2 of the Mutual Legal Assistance in Criminal Matters Act — at a place within the jurisdiction of a court referred to in subsection 699(1) or (2) where the technology is available, a subpoena shall be issued out of the court to order the person to give that evidence at that place. R.S., c. 27 (1st Supp.), s. 203
286 (1) The portion of subsection 705(1) of the Act before paragraph (a) is replaced by the following:
Warrant if witness does not attend 705 (1) If a person who has been served with a subpoena to give evidence in a proceeding does not attend or remain in attendance, the court, judge, justice or provincial court judge before whom that person was required to attend may issue a warrant in Form 17 for the arrest of that person if it is established (2) The portion of subsection 705(1) of the Act after paragraph (b) is repealed. R.S., c. 27 (1st Supp.), s. 203
(3) Subsection 705(2) of the Act is replaced by the
following:
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Warrant if witness bound by recognizance (2) If a person who has been bound by a recognizance to
attend to give evidence in any proceeding does not attend or does not remain in attendance, the court, judge, justice or provincial court judge before whom that person was bound to attend may issue a warrant in Form 17 for the arrest of that person.
R.S., c. 27 (1st Supp.), s. 203
(4) Subsection 705(3) of the French version of the
Act is replaced by the following: Mandat valable partout au Canada (3) Un mandat décerné par un juge de paix ou un juge de la cour provinciale en vertu des paragraphes (1) ou (2) peut être exécuté partout au Canada. R.S., c. 27 (1st Supp.), s. 203
287 Section 706 of the Act is replaced by the following: If witness arrested under warrant 706 If a person is brought before a court, judge, provincial court judge or justice under a warrant issued under subsection 698(2) or section 704 or 705, the court, judge, provincial court judge or justice may, so that the person will appear and give evidence when required, order that the person be detained in custody or be released on recognizance, with or without sureties. 288 Subsection 707(3) of the Act is replaced by
the following: Review of detention (3) If the judge before whom a witness is brought under this section is not satisfied that the continued detention of the witness is justified, the judge shall order them to be discharged or to be released on recognizance, with or without sureties, so that the witness will appear and give evidence when required. However, if the judge is satisfied that the continued detention of the witness is justified, the judge may order their continued detention until they do what is required of them under section 550 or the trial is concluded, or until they appear and give evidence when required, except that the total period of detention of the witness from the time they were first detained in custody shall not in any case exceed 90 days.
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R.S., c. 27 (1st Supp.), s. 203
289 Subsection 708(2) of the French version of
the Act is replaced by the following: Peine (2) Un tribunal, un juge, un juge de paix ou un juge de la
cour provinciale peut traiter par voie sommaire une personne coupable d’un outrage au tribunal en vertu du présent article, et cette personne est passible d’une amende maximale de cent dollars et d’un emprisonnement maximal de quatre-vingt-dix jours, ou de l’une de ces peines, et il peut lui être ordonné de payer les frais résultant de la signification de tout acte judiciaire selon la présente partie et de sa détention, s’il en est. 1999, c. 18, s. 95
290 Sections 714.1 to 714.8 of the Act are replaced
by the following: Audioconference and videoconference — witness in Canada 714.1 A court may order that a witness in Canada give evidence by audioconference or videoconference, if the court is of the opinion that it would be appropriate having regard to all the circumstances, including (a) the location and personal circumstances of the witness; (b) the costs that would be incurred if the witness
were to appear personally; (c) the nature of the witness’ anticipated evidence; (d) the suitability of the location from where the witness will give evidence; (e) the accused’s right to a fair and public hearing; (f) the nature and seriousness of the offence; and (g) any potential prejudice to the parties caused by the fact that the witness would not be seen by them, if the court were to order the evidence to be given by audioconference.
Videoconference — witness outside Canada 714.2 (1) A court shall receive evidence given by a witness outside Canada by videoconference, unless one of the parties satisfies the court that the reception of such testimony would be contrary to the principles of fundamental justice.
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Notice (2) A party who wishes to call a witness to give evidence
under subsection (1) shall give notice to the court before which the evidence is to be given and the other parties of their intention to do so not less than 10 days before the witness is scheduled to testify. Audioconference — witness outside Canada 714.3 The court may receive evidence given by a witness
outside Canada by audioconference, if the court is of the opinion that it would be appropriate having regard to all the circumstances, including those set out in paragraphs 714.1(a) to (g). Reasons 714.4 If the court does not make an order under section 714.1 or does not receive evidence under section 714.2 or 714.3, it shall include in the record a statement of the reasons for not doing so.
Cessation 714.41 The court may, at any time, cease the use of the technological means referred to in section 714.1, 714.2 or 714.3 and take any measure that the court considers appropriate in the circumstances to have the witness give evidence.
Oath or affirmation 714.5 The evidence referred to in section 714.2 or 714.3,
that is given by a witness who is outside of Canada, shall be given (a) under oath or affirmation in accordance with Canadian law; (b) under oath or affirmation in accordance with the
law in the place where the witness is physically present; or (c) in any other manner that demonstrates that the
witness understands that they must tell the truth. Other laws about witnesses to apply 714.6 When a witness who is outside Canada gives evidence under section 714.2 or 714.3, the evidence is deemed to be given in Canada, and given under oath or affirmation in accordance with Canadian law, for the purposes of the laws relating to evidence, procedure, perjury and contempt of court. Costs of technology 714.7 Unless the court orders otherwise, a party who
calls a witness to give evidence by means of the technology referred to in section 714.1, 714.2 or 714.3
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shall pay any costs associated with the use of the technology. Consent 714.8 Nothing in sections 714.1 to 714.7 is to be construed as preventing a court from receiving evidence by audioconference or videoconference, if the parties so consent. 291 The Act is amended by adding the following after section 715:
Transcript of evidence 715.01 (1) Despite section 715, the transcript of testimony given by a police officer, as defined in section 183, in the presence of an accused during a voir dire or preliminary inquiry held in relation to the accused’s trial may be received in evidence at that trial.
Notice of intention to produce evidence (2) No transcript is to be received in evidence unless the
party intending to produce it has given to the party against whom it is intended to be produced reasonable notice of that intention together with a copy of the transcript. Attendance of police officer (3) The court may require the attendance of the police
officer for the purposes of examination or cross-examination, as the case may be. Admission of evidence (4) Despite subsection (1), evidence that has been taken at a preliminary inquiry in the absence of an accused may be received in evidence for the purposes referred to in that subsection if the accused’s absence was authorized by a justice under paragraph 537(1)(j.1).
Absconding accused deemed present (5) For the purposes of this section, if evidence was taken during a voir dire or preliminary inquiry in the absence of an accused, who was absent by reason of having absconded, the accused is deemed to have been present during the taking of the evidence and to have had full opportunity to cross-examine the witness. Exception (6) This section does not apply to any evidence received under subsection 540(7). 292 The Act is amended by adding the following after section 715.2:
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PART XXII.01
Remote Attendance by Certain Persons Principles Attendance 715.21 Except as otherwise provided in this Act, a person who appears at, participates in or presides at a proceeding shall do so personally. Provisions providing for audioconference or videoconference 715.22 The purpose of the provisions of this Act that allow a person to appear at, participate in or preside at a proceeding by audioconference or videoconference, in accordance with the rules of court, is to serve the proper administration of justice, including by ensuring fair and efficient proceedings and enhancing access to justice.
Accused Appearance by audioconference or videoconference 715.23 (1) Except as otherwise provided in this Act, the
court may order an accused to appear by audioconference or videoconference, if the court is of the opinion that it would be appropriate having regard to all the circumstances, including (a) the location and personal circumstances of the accused; (b) the costs that would be incurred if the accused
were to appear personally; (c) the suitability of the location from where the accused will appear; (d) the accused’s right to a fair and public hearing;
and (e) the nature and seriousness of the offence.
Reasons (2) If the court does not make an order under subsection
(1) it shall include in the record a statement of the reasons for not doing so.
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Cessation (3) The court may, at any time, cease the use of the technological means referred to in subsection (1) and take any measure that the court considers appropriate in the circumstances to have the accused appear at the proceeding.
Accused in prison 715.24 Despite anything in this Act, if an accused who is
in prison does not have access to legal advice during the proceedings, the court shall, before permitting the accused to appear by videoconference, be satisfied that the accused will be able to understand the proceedings and that any decisions made by the accused during the proceedings will be voluntary.
Participants Definition of participant 715.25 (1) In this section, participant means any person, other than an accused, a witness, a juror, a judge or a justice, who may participate in a proceeding.
Participation by audioconference or videoconference (2) Except as otherwise provided in this Act, the court may order a participant to participate in a proceeding by audioconference or videoconference, if the court is of the opinion that it would be appropriate having regard to all the circumstances, including (a) the location and personal circumstances of the participant; (b) the costs that would be incurred if the participant were to participate personally; (c) the nature of the participation; (d) the suitability of the location from where the participant will participate; (e) the accused’s right to a fair and public hearing; and (f) the nature and seriousness of the offence.
Reasons (3) If the court does not make an order under subsection
(2) it shall include in the record a statement of the reasons for not doing so.
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Cessation (4) The court may, at any time, cease the use of the technological means referred to in subsection (2) and take any measure that the court considers appropriate in the circumstances to have the participant participate in the proceeding.
Costs (5) Unless the court orders otherwise, a party who has a participant participate by audioconference or videoconference shall pay any costs associated with the use of that technology.
Judge or Justice Presiding by audioconference or videoconference 715.26 (1) Except as otherwise provided in this Act, the
judge or justice may preside at the proceeding by audioconference or videoconference, if the judge or justice considers it necessary having regard to all the circumstances, including (a) the accused’s right to a fair and public hearing; (b) the nature of the witness’ anticipated evidence; (c) the nature and seriousness of the offence; and (d) the suitability of the location from where the judge
or justice will preside. Reasons (2) The judge or justice shall include in the record a
statement of the judge or justice’s reasons for the decision to preside at the proceeding by audioconference or videoconference. Cessation (3) The judge or justice may, at any time, cease the use of
the technological means referred to in subsection (1) and take any measure that the judge or justice considers appropriate in the circumstances to preside at the proceeding. 292.1 The Act is amended by adding the following after section 718.03: Objectives — offence against vulnerable person 718.04 When a court imposes a sentence for an offence that involved the abuse of a person who is vulnerable because of personal circumstances — including because the person is Aboriginal and female — the court shall give primary consideration to the objectives of denunciation
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and deterrence of the conduct that forms the basis of the offence. 2005, c. 32, s. 25
293 Subparagraph 718.2(a)(ii) of the Act is replaced by the following: (ii) evidence that the offender, in committing the offence, abused the offender’s intimate partner or a member of the victim or the offender’s family, 293.1 The Act is amended by adding the following after section 718.2: Additional consideration — increased vulnerability 718.201 A court that imposes a sentence in respect of
an offence that involved the abuse of an intimate partner shall consider the increased vulnerability of female persons who are victims, giving particular attention to the circumstances of Aboriginal female victims. 294 Section 718.3 of the Act is amended by adding the following after subsection (7):
Maximum penalty — intimate partner (8) If an accused is convicted of an indictable offence in
the commission of which violence was used, threatened or attempted against an intimate partner and the accused has been previously convicted of an offence in the commission of which violence was used, threatened or attempted against an intimate partner, the court may impose a term of imprisonment that is more than the maximum term of imprisonment provided for that offence but not more than (a) five years, if the maximum term of imprisonment for the offence is two years or more but less than five years; (b) 10 years, if the maximum term of imprisonment for the offence is five years or more but less than 10 years; (c) 14 years, if the maximum term of imprisonment
for the offence is 10 years or more but less than 14 years; or (d) life, if the maximum term of imprisonment for the offence is 14 years or more and up to imprisonment for life.
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2009, c. 29, s. 3
295 Subsection 719(3.1) of the Act is replaced by
the following: Exception (3.1) Despite subsection (3), if the circumstances justify it, the maximum is one and one-half days for each day spent in custody. 1995, c. 22, s. 6
296 Subsection 730(2) of the Act is replaced by
the following: Period for which appearance notice, etc., continues in force (2) Subject to Part XVI, if an accused who has not been taken into custody or who has been released from custody under any provision of that Part pleads guilty to or is found guilty of an offence but is not convicted, the appearance notice, summons, undertaking or release order issued to, given or entered into by the accused continues in force, subject to its terms, until a disposition in respect of the accused is made under subsection (1) unless, at the time the accused pleads guilty or is found guilty, the court, judge or justice orders that the accused be taken into custody pending such a disposition. 2014, c. 21, s. 2(1)
297 (1) Paragraph 732.1(2)(a.1) of the Act is repealed. 2014, c. 21, s. 2(2)
(2) Subsections 732.1(2.1) and (2.2) of the Act are
repealed. (3) Subsection 732.1(3) of the Act is amended by
adding the following after paragraph (a): (a.1) abstain from communicating, directly or indirectly, with any victim, witness or other person identified in the order or from going to any place or geographic area specified in the order, except in accordance with any specified conditions that the court considers necessary;
2015, c. 23, s. 18
298 Paragraph 733.1(1)(b) of the Act is replaced
by the following: (b) an offence punishable on summary conviction.
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2008, c. 18, s. 38
299 Paragraph 734(5)(b) of the Act is replaced by
the following: (b) the maximum term of imprisonment that the court
could itself impose on conviction or, if the punishment for the offence does not include a term of imprisonment, five years in the case of an indictable offence or two years less a day in the case of a summary conviction offence. 1995, c. 22, s. 6
300 Section 734.4 of the Act is replaced by the following: Proceeds to go to provincial treasurer 734.4 (1) If a fine or forfeiture is imposed or an amount
set out in an undertaking, release order or recognizance is forfeited and no provision, other than this section, is made by law for the application of the proceeds, the proceeds belong to Her Majesty in right of the province in which the fine or forfeiture was imposed or the amount was forfeited, and shall be paid by the person who receives them to the treasurer of that province.
Proceeds to go to Receiver General for Canada (2) The proceeds described in subsection (1) belong to Her Majesty in right of Canada and must be paid by the person who receives them to the Receiver General if, as the case may be, (a) the fine or forfeiture is imposed (i) in respect of a contravention of a revenue law of
Canada, (ii) in respect of a breach of duty or malfeasance in
office by an officer or employee of the Government of Canada, or (iii) in respect of any proceedings instituted at the instance of the Government of Canada in which that government bears the costs of prosecution; or (b) an amount set out in an undertaking, release order or recognizance is forfeited in connection with proceedings mentioned in paragraph (a).
Direction for payment to municipality (3) If a provincial, municipal or local authority bears, in
whole or in part, the expense of administering the law under which a fine or forfeiture is imposed or under which proceedings are taken in which an amount set out
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in an undertaking, release order or recognizance is forfeited, (a) the lieutenant governor in council of a province may direct that the proceeds that belong to Her Majesty in right of the province shall be paid to that authority; and (b) the Governor in Council may direct that the proceeds that belong to Her Majesty in right of Canada shall be paid to that authority. 301 Section 737 of the Act is replaced by the following: Victim surcharge 737 (1) An offender who is convicted, or discharged under section 730, of an offence under this Act, the Controlled Drugs and Substances Act or the Cannabis Act shall pay a victim surcharge for each offence, in addition to any other punishment imposed on the offender.
Amount of surcharge (2) Subject to subsections (2.1) and (3), the amount of
the victim surcharge in respect of an offence is (a) 30% of any fine that is imposed on the offender for the offence; or (b) if no fine is imposed on the offender for the offence, (i) $100 in the case of an offence punishable by summary conviction, and (ii) $200 in the case of an offence punishable by indictment. Exception (2.1) Despite subsection (1), the court may, on application of the offender or on its own motion, order an offender to pay no victim surcharge, or to pay a reduced amount, if it is satisfied that the victim surcharge (a) would cause undue hardship to the offender; or (b) would not cause undue hardship to the offender
but would be disproportionate to the gravity of the offence or the degree of responsibility of the offender.
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Definition of undue hardship (2.2) For the purposes of subsection (2.1), undue hardship means the offender is unable to pay a victim surcharge on account of the offender’s precarious financial circumstances, including because of their unemployment, homelessness, lack of assets or significant financial obligations towards their dependants.
For greater certainty (2.3) For greater certainty, for the purposes of subsection (2.2), the imprisonment of the offender alone does not constitute undue hardship. Reasons (2.4) When the court makes an order under subsection
(2.1), the court shall state its reasons in the record of the proceedings. Increase in surcharge (3) The court may order an offender to pay a victim surcharge in an amount exceeding that set out in subsection (2) if the court considers it appropriate in the circumstances and is satisfied that the offender is able to pay the higher amount.
Time for payment (4) The victim surcharge imposed in respect of an offence is payable within the time established by the lieutenant governor in council of the province in which the surcharge is imposed. If no time has been so established, the surcharge is payable within a reasonable time after its imposition.
Amounts applied to aid victims (5) A victim surcharge shall be applied for the purposes of providing such assistance to victims of offences as the lieutenant governor in council of the province in which the surcharge is imposed may direct from time to time.
Notice (6) The court shall cause to be given to the offender a written notice setting out (a) the amount of the victim surcharge; (b) the manner in which the victim surcharge is to be
paid; (c) the time by which the victim surcharge must be
paid; and
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(d) the procedure for applying for a change in any
terms referred to in paragraphs (b) and (c) in accordance with section 734.3. Enforcement (7) Subsections 734(3) to (7) and sections 734.3, 734.5,
734.7, 734.8 and 736 apply, with any modifications that the circumstances require, in respect of a victim surcharge imposed under this section and, in particular, (a) a reference in any of those provisions to “fine”,
other than in subsection 734.8(5), must be read as if it were a reference to “victim surcharge”; and (b) the notice provided under subsection (6) is deemed to be an order made under section 734.1.
Application — subsections (2.1) to (2.4) (8) Subsections (2.1) to (2.4) apply to any offender who is
sentenced for an offence under this Act, the Controlled Drugs and Substances Act or the Cannabis Act that was committed after the day on which those subsections come into force.
1995, c. 22, s. 6; 2000, c. 12, par. 95(e)
302 Paragraph 738(1)(c) of the Act is replaced by the following: (c) in the case of bodily harm or threat of bodily harm to the offender’s intimate partner or child, or any other person, as a result of the commission of the offence or the arrest or attempted arrest of the offender, where the intimate partner, child or other person was a member of the offender’s household at the relevant time, by paying to the person in question, independently of any amount ordered to be paid under paragraphs (a) and (b), an amount not exceeding actual and reasonable expenses incurred by that person, as a result of moving out of the offender’s household, for temporary housing, food, child care and transportation, where the amount is readily ascertainable; 2014, c. 21, s. 3
303 (1) Subsections 742.3(1.1) to (1.3) of the Act
are repealed. (2) Subsection 742.3(2) of the Act is amended by adding the following after paragraph (a.2): (a.3) abstain from communicating, directly or indirectly, with any victim, witness or other person identified in the order or from going to any place or
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geographic area specified in the order, except in accordance with any specified conditions that the justice considers necessary;
1999, c. 5, s. 41(1)
304 Paragraph 742.6(1)(e) of the Act is replaced
by the following: (e) if an offender is arrested for the alleged breach, the peace officer who makes the arrest or a judge or justice may release the offender and the offender’s appearance may be compelled under the provisions referred to in paragraph (a); and 2008, c. 18, s. 42
305 Paragraph 743.21(2)(b) of the Act is replaced by the following: (b) is guilty of an offence punishable on summary
conviction. 306 Section 745.64 of the Act is amended by adding the following after subsection (1):
Statutory Instruments Act (1.1) The Statutory Instruments Act does not apply to
those rules. 2008, c. 6, s. 46
307 Subsection 753.3(1) of the Act is replaced by the following:
Breach of long-term supervision 753.3 (1) An offender who, without reasonable excuse,
fails or refuses to comply with long-term supervision is guilty of (a) an indictable offence and liable to imprisonment
for a term of not more than 10 years; or (b) an offence punishable on summary conviction. 308 The heading before section 762 of the Act is replaced by the following:
Effect and Enforcement of Undertakings, Release Orders and Recognizances
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309 Subsection 762(1) of the Act is replaced by
the following: Applications for forfeiture 762 (1) Applications for the forfeiture of an amount set
out in an undertaking, release order or recognizance must be made to the courts designated in column II of the schedule of the respective provinces designated in column I of the schedule. R.S., c. 27 (1st Supp.), ss. 167 and 203
310 Sections 763 to 768 of the Act are replaced by the following:
Undertaking or release order binding on person 763 (1) If a person is bound by an undertaking, release order or recognizance to appear before a court, provincial court judge or justice for any purpose and the session or sittings of that court or the proceedings are adjourned or an order is made changing the place of trial, that person and their sureties continue to be bound by the undertaking, release order or recognizance as if it had been entered into or issued with respect to the resumed proceedings or the trial at the time and place at which the proceedings are ordered to be resumed or the trial is ordered to be held.
Summary of certain provisions (2) A summary of section 763 must be set out in any undertaking, release order or recognizance.
Undertaking or release order binding on accused 764 (1) If an accused is bound by an undertaking or release order to appear for trial, their arraignment or conviction does not cancel the undertaking or release order, and it continues to bind them and their sureties for their appearance until the accused is discharged or sentenced, as the case may be.
Committal or new sureties (2) Despite subsection (1), the court, provincial court
judge or justice may commit an accused to prison or may require them to furnish new or additional sureties for their appearance until the accused is discharged or sentenced, as the case may be.
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Effect of committal (3) The sureties of an accused who is bound by a release order to appear for trial are discharged if the accused is committed to prison under subsection (2).
Summary of certain provisions (4) A summary of subsections (1) to (3) must be set out
in any undertaking or release order.
Effect of subsequent arrest 765 If an accused is bound by an undertaking or a release order to appear for trial, their arrest on another charge does not cancel the undertaking or release order, and it continues to bind them and their sureties for their appearance until the accused is discharged or sentenced, as the case may be, in respect of the offence to which the undertaking or release order relates.
Render of accused by sureties 766 (1) A surety for a person who is subject to a release
order or recognizance may, by an application in writing to a court, provincial court judge or justice, apply to be relieved of their obligation under the release order or recognizance, and the court, provincial court judge or justice shall then make an order in writing for committal of that person to the prison named in that order.
Arrest (2) An order issued by a court, provincial court judge or justice under subsection (1) must be given to the surety and, on receipt of it, the surety or any peace officer may arrest the person named in the order and deliver that person with the order to the keeper of the prison named in the order, and the keeper shall receive and imprison that person until the person is discharged according to law.
Certificate and entry of render (3) If a court, provincial court judge or justice issues an order under subsection (1) and receives from the sheriff a certificate that the person named in the order has been committed to prison under subsection (2), the court, provincial court judge or justice shall order an entry of the committal to be endorsed on the release order or recognizance, as the case may be.
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Discharge of sureties (4) An endorsement under subsection (3) cancels the release order or recognizance, as the case may be, and discharges the sureties. Render of accused in court by sureties 767 A surety for a person who is subject to a release order or recognizance may bring that person before the court where the person is required to appear or where the person entered into the recognizance at any time during the sittings of that court and before the person’s trial, and the surety may discharge their obligation under the release order or recognizance by giving that person into the custody of the court. The court shall then commit that person to prison until the person is discharged according to law. Substitution of surety 767.1 (1) If a surety for a person who is subject to a release order or recognizance has given the person into the custody of a court under section 767, or a surety applies to be relieved of their obligation under the release order or recognizance under subsection 766(1), the court, justice or provincial court judge, as the case may be, may, instead of committing or issuing an order for the committal of the person to prison, substitute any other suitable person for the surety under the release order or recognizance.
Signing of release order or recognizance by new sureties (2) If a person substituted for a surety under a release
order or recognizance under subsection (1) signs the release order or recognizance, the original surety is discharged, but the release order or recognizance is not otherwise affected. Rights of surety preserved 768 Nothing in this Part limits any right that a surety has of taking and giving into custody any person for whom they are a surety under a release order or recognizance.
R.S., c. 27 (1st Supp.), s. 168; 1994, c. 44, s. 78; 1997, c. 18, s. 108(1) and (2)(F); 1999, c. 5, s. 43
311 Sections 770 and 771 of the Act are replaced by the following:
Default to be endorsed 770 (1) If, in proceedings to which this Act applies, a person who is subject to an undertaking, release order or recognizance does not comply with any of its conditions,
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a court, provincial court judge or justice having knowledge of the facts shall endorse or cause to be endorsed on the undertaking, release order or recognizance a certificate in Form 33 setting out (a) the nature of the default; (b) the reason for the default, if it is known; (c) whether the ends of justice have been defeated or
delayed by reason of the default; and (d) the names and addresses of the principal and sureties.
Transmission to clerk of court (2) Once endorsed, the undertaking, release order or recognizance must be sent to the clerk of the court and shall be kept by them with the records of the court.
Certificate is evidence (3) A certificate that has been endorsed on the undertaking, release order or recognizance is evidence of the default to which it relates. Transmission of deposit (4) If, in proceedings to which this section applies, the
principal or surety has deposited money as security for the performance of a condition of an undertaking, release order or recognizance, that money must be sent to the clerk of the court with the defaulted undertaking, release order or recognizance, to be dealt with in accordance with this Part.
Proceedings in case of default 771 (1) If an undertaking, release order or recognizance
has been endorsed with a certificate and has been received by the clerk of the court, (a) a judge of the court shall, on the request of the clerk of the court or the Attorney General or counsel acting on the Attorney General’s or counsel’s behalf, as the case may be, fix a time and place for the hearing of an application for the forfeiture of the amount set out in the undertaking, release order or recognizance; and (b) the clerk of the court shall, not less than 10 days before the time fixed under paragraph (a) for the hearing, send by registered mail, or have served in the manner directed by the court or prescribed by the rules of court, to each principal and surety, at the address set out in the certificate, a notice requiring the person to appear at the time and place fixed by the
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judge to show cause why the amount set out in the undertaking, release order or recognizance should not be forfeited. Order of judge (2) If subsection (1) has been complied with, the judge
may, after giving the parties an opportunity to be heard, in the judge’s discretion grant or refuse the application and make any order with respect to the forfeiture of the amount that the judge considers proper. Judgment debtors of the Crown (3) If a judge orders forfeiture of the amount set out in the undertaking, release order or recognizance, the principal and their sureties become judgment debtors of the Crown, each in the amount that the judge orders them to pay.
Order may be filed (3.1) An order made under subsection (2) may be filed
with the clerk of the superior court and if one is filed, the clerk shall issue a writ of fieri facias in Form 34 and deliver it to the sheriff of each of the territorial divisions in which the principal or any surety resides, carries on business or has property.
Transfer of deposit (4) If a deposit has been made by a person against whom an order for forfeiture has been made, no writ of fieri facias may be issued, but the amount of the deposit must be transferred by the person who has custody of it to the person who is entitled by law to receive it. R.S., c. 27 (2nd Supp.), s. 10 (Sch., subitem 6(15)); 1992, c. 1, s. 58(1) (Sch. I, s. 15), c. 51, ss. 40 and 41; 1998, c. 30, par. 14(d); 1999, c. 3, s. 54, c. 5, s. 44; 2002, c. 7, s. 148; 2015, c. 3, ss. 57 to 59
312 (1) The reference to “a recognizance” in column II of the schedule to Part XXV of the Act, opposite “Ontario” in column I, is replaced by a reference to “a release order or recognizance”.
R.S., c. 27 (2nd Supp.), s. 10 (Sch., subitem 6(15)); 1992, c. 1, s. 58(1) (Sch. I, s. 15), c. 51, ss. 40 and 41; 1998, c. 30, par. 14(d); 1999, c. 3, s. 54, c. 5, s. 44; 2002, c. 7, s. 148; 2015, c. 3, ss. 57 to 59
(2) The reference to “all other recognizances” in column II of the schedule to Part XXV of the Act, opposite “Ontario” in column I, is replaced by a reference to “undertakings or all other release orders or recognizances”. (3) The references to “a recognizance” in column II of the schedule to Part XXV of the Act,
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opposite “British Columbia” in column I, are replaced by references to “an undertaking, release order or recognizance”. 313 Subsection 779(2) of the Act is replaced by
the following: Provisions of Part XXV (2) The provisions of Part XXV relating to forfeiture of
an amount set out in a recognizance apply to a recognizance entered into under this section.
2013, c. 11, s. 4
314 Paragraph (b) of the definition sentence in
section 785 of the Act is replaced by the following: (b) an order made under subsection 109(1) or 110(1), section 259 or 261, subsection 730(1) or 737(2.1) or (3) or section 738, 739, 742.1 or 742.3,
1997, c. 18, s. 110
315 Subsection 786(2) of the Act is replaced by
the following: Limitation (2) No proceedings shall be instituted more than 12 months after the time when the subject matter of the proceedings arose, unless the prosecutor and the defendant so agree. R.S., c. 27 (1st Supp.), s. 171(2); 2008, c. 18, s. 44
316 Section 787 of the Act is replaced by the following:
General penalty 787 (1) Unless otherwise provided by law, every person
who is convicted of an offence punishable on summary conviction is liable to a fine of not more than $5,000 or to a term of imprisonment of not more than two years less a day, or to both.
Imprisonment in default if not otherwise specified (2) If the imposition of a fine or the making of an order
for the payment of money is authorized by law, but the law does not provide that imprisonment may be imposed in default of payment of the fine or compliance with the order, the court may order that in default of payment of the fine or compliance with the order, as the case may be,
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the defendant shall be imprisoned for a term of not more than two years less a day. 1997, c. 18, s. 111
317 Subsection 800(2.1) of the Act is replaced by the following:
Video links (2.1) If the summary conviction court so orders and the
defendant agrees, the defendant who is confined in prison may appear by closed-circuit television or videoconference, as long as the defendant is given the opportunity to communicate privately with counsel if they are represented by counsel. 317.1 Section 802.1 of the Act is replaced by the
following: Limitation on the use of agents 802.1 Despite subsections 800(2) and 802(2), a defendant may not appear or examine or cross-examine witnesses by agent if he or she is liable, on summary conviction, to imprisonment for a term of more than six months, unless (a) the defendant is an organization; (b) the defendant is appearing to request an adjournment of the proceedings; or (c) the agent is authorized to do so under a program
approved — or criteria established — by the lieutenant governor in council of the province.
1994, c. 44, s. 80(1)
318 (1) Subsection 806(1) of the Act is replaced by the following:
Memo of conviction or order 806 (1) If a defendant is convicted or an order is made
in relation to the defendant, a minute or memorandum of the conviction or order must be made by the summary conviction court indicating that the matter was dealt with under this Part and, on request by the defendant, the prosecutor or any other person, a conviction or order in Form 35 or 36, as the case may be, and a certified copy of the conviction or order must be drawn up and the certified copy must be delivered to the person making the request. (2) Subsection 806(2) of the French version of the
Act is replaced by the following:
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Mandat de dépôt (2) Lorsqu’un défendeur est déclaré coupable ou qu’une
ordonnance est rendue contre lui, un mandat de dépôt selon la formule 21 ou 22 est délivré par la cour des poursuites sommaires, et l’article 528 s’applique à l’égard de ce mandat de dépôt. 1994, c. 44, s. 80(2)
(3) Subsection 806(3) of the Act is replaced by the
following: Admissibility of certified copy (3) If a warrant of committal in Form 21 is signed by a
clerk of a court, a copy of the warrant of committal, certified by the clerk, is admissible in evidence in any proceeding. 2014, c. 31, s. 25
319 (1) Paragraph 810(1)(a) of the Act is replaced by the following: (a) will cause personal injury to them or to their intimate partner or child or will damage their property; or
1995, c. 39, s. 157
(2) Subsection 810(3.1) of the French version of
the Act is replaced by the following: Condition (3.1) Le juge de paix ou la cour des poursuites sommaires qui rend une ordonnance en vertu du paragraphe (3), doit, s’il en arrive à la conclusion qu’il est souhaitable pour la sécurité du défendeur ou celle d’autrui de lui interdire d’avoir en sa possession des armes à feu, arbalètes, armes prohibées, armes à autorisation restreinte, dispositifs prohibés, munitions, munitions prohibées et substances explosives, ou l’un ou plusieurs de ces objets, ajouter comme condition à l’engagement de n’avoir aucun des objets visés en sa possession pour la période indiquée dans celui-ci. 1995, c. 39, s. 157
(3) Subsection 810(3.12) of the French version of the Act is replaced by the following:
Motifs (3.12) Le juge de paix ou la cour des poursuites sommaires qui n’assortit pas l’ordonnance de la condition prévue au paragraphe (3.1) est tenu de donner ses motifs, qui sont consignés au dossier de l’instance. 1994, c. 44, s. 81(3); 2000, c. 12, par. 95(g); 2011, c. 7, s. 7(2)
(4) Subsections 810(3.2) and (4) of the Act are replaced by the following:
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Supplementary conditions (3.2) Before making an order under subsection (3), the
justice or the summary conviction court shall consider whether it is desirable, in the interests of the safety of the informant, of the person on whose behalf the information was laid or of that person’s intimate partner or child, as the case may be, to add either or both of the following conditions to the recognizance, (a) a condition prohibiting the defendant from being at, or within a distance specified in the recognizance from, a place specified in the recognizance where the person on whose behalf the information was laid or that person’s intimate partner or child, as the case may be, is regularly found; or (b) a condition prohibiting the defendant from communicating, in whole or in part, directly or indirectly, with the person on whose behalf the information was laid or that person’s intimate partner or child, as the case may be. Form — warrant of committal (4) A warrant of committal to prison for failure or refusal
to enter into the recognizance under subsection (3) may be in Form 23. 2002, c. 13, s. 81(1); 2008, c. 6, par. 54(j); 2012, c. 1, s. 37(1); 2014, c. 25, s. 31
320 Subsection 810.1(1) of the Act is replaced by
the following: Where fear of sexual offence 810.1 (1) Any person who fears on reasonable grounds that another person will commit an offence under section 151 or 152, subsection 153(1), section 155, subsection 160(2) or (3), section 163.1, 170, 171, 171.1, 172.1 or 172.2, subsection 173(2), section 271, 272, 273 or 279.011, subsection 279.02(2) or 279.03(2), section 280 or 281 or subsection 286.1(2), 286.2(2) or 286.3(2), in respect of one or more persons who are under the age of 16 years, may lay an information before a provincial court judge, whether or not the person or persons in respect of whom it is feared that the offence will be committed are named. 2015, c. 20, s. 26
321 Section 810.21 of the Act is replaced by the
following: Audioconference or videoconference 810.21 (1) If a defendant is required to appear under
any of sections 83.3 and 810 to 810.2, a provincial court judge may, on application of the prosecutor, order that the defendant appear by audioconference or videoconference.
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Application (2) Despite section 769, sections 714.1 to 714.8 and Part
XXII.01 apply, with any necessary modifications, to proceedings under this section. 2015, c. 23, s. 19
322 Paragraph 811(b) of the Act is replaced by
the following: (b) an offence punishable on summary conviction.
R.S., c. 27 (1st Supp.), s. 181(E)
323 Section 816 of the Act is replaced by the following: Release order — appellant 816 (1) A person who was the defendant in proceedings
before a summary conviction court and who is an appellant under section 813 shall, if they are in custody, remain in custody unless the appeal court at which the appeal is to be heard makes a release order referred to in section 515, the form of which may be adapted to suit the circumstances, which must include the condition that the person surrender themselves into custody in accordance with the order. Release of appellant (1.1) The person having the custody of the appellant
shall, if the appellant complies with the order, immediately release the appellant. Applicable provisions (2) Sections 495.1, 512.3 and 524 apply, with any modifications that the circumstances require, in respect of any proceedings under this section. 324 (1) Subsections 817(1) and (2) of the Act are
replaced by the following: Recognizance of prosecutor 817 (1) The prosecutor in proceedings before a summary conviction court by whom an appeal is taken under section 813 shall, immediately after filing the notice of appeal and proof of service of the notice in accordance with section 815, appear before a justice, and the justice shall, after giving the prosecutor and the respondent a reasonable opportunity to be heard, order that the prosecutor enter into a recognizance, with or without sureties, in the amount that the justice directs and with or without the deposit of money or other valuable security that the justice directs.
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Condition (2) The condition of a recognizance entered into under
this section is that the prosecutor will appear personally or by counsel at the sittings of the appeal court at which the appeal is to be heard. (2) Subsection 817(4) of the Act is repealed. 325 Paragraph 825(a) of the Act is replaced by the following: (a) the appellant has failed to comply with the conditions of a release order made under section 816 or of a recognizance entered into under section 817; or 326 Subsection 828(3) of the Act is replaced by
the following: Duty of clerk of court (3) When a conviction or order that has been made by an
appeal court is to be enforced by a justice, the clerk of the appeal court shall send to the justice the conviction or order and all writings relating to that conviction or order, except the notice of intention to appeal and any undertaking, release order or recognizance.
R.S., c. 27 (1st Supp.), s. 182
327 Subsection 832(1) of the Act is replaced by the following:
Release order or recognizance 832 (1) If a notice of appeal is filed under section 830,
the appeal court may, if the defendant is the appellant, make a release order as provided in section 816 or, in any other case, order that the appellant appear before a justice and enter into a recognizance as provided in section 817. 328 (1) Item 8 of the schedule to Part XXVII of
the Act is amended by replacing “recognizance” with “release order or recognizance”. (2) Item 17 of the schedule to Part XXVII of the Act is amended by replacing “take recognizance of bail” with “make a release order or take a recognizance”.
2002, c. 13, s. 84
329 Section 848 of the Act is repealed.
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2007, c. 22, s. 23
330 The portion of Form 5.03 of Part XXVIII of
the Act after the paragraph that begins with “To” and ends with “(territorial division):” is replaced by the following: Whereas (name of person) has been convicted under the Criminal Code, discharged under section 730 of that Act or, in the case of a young person, found guilty under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, or the Youth Criminal Justice Act of (offence), which, on the day on which the person was sentenced or discharged, was a primary designated offence within the meaning of section 487.04 of the Criminal Code; Therefore, you are authorized to take or cause to be taken from (name of person) the number of samples of bodily substances that is reasonably required for forensic DNA analysis, provided that the person taking the samples is able, by virtue of training or experience, to take them by means of the investigative procedures described in subsection 487.06(1) of the Criminal Code and that, if the person taking the samples is not a peace officer, they take them under the direction of a peace officer. This order is subject to the following terms and conditions that the court considers advisable to ensure that the taking of the samples is reasonable in the circumstances: Dated (date).................., at ..................(place). (Signature of judge of the court or clerk of the court)
2007, c. 22, s. 23; 2012, c. 1, s. 38; 2014, c. 25, s. 32
331 (1) The portion of Form 5.04 of Part XXVIII
of the Act that begins with “Whereas” and ends with “the “offender”,” is replaced by the following: Whereas (name of person), in this order called the “person”, (2) The portion of paragraph (b) of the English version of Form 5.04 of Part XXVIII of the Act before subparagraph (i) is replaced by the following: (b) has been convicted under the Criminal Code, discharged under section 730 of that Act or, in the case of a young person, found guilty under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, or the Youth Criminal Justice Act, of, or has been found not criminally responsible on account of mental disorder for, (offence), which, on the day on which the person was sentenced or discharged or the
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finding was made, was one of the following secondary designated offences within the meaning of section 487.04 of the Criminal Code (check applicable box): (3) The portion of Form 5.04 of Part XXVIII of the
Act that follows subparagraph (b)(v) is replaced by the following: Whereas the person’s criminal record, the nature of the offence, the circumstances surrounding its commission, whether the person was previously found not criminally responsible on account of mental disorder for a designated offence, and the impact that this order would have on the person’s privacy and security have been considered by the court; And whereas the court is satisfied that it is in the best interests of the administration of justice to make this order; Therefore, you are authorized to take or cause to be taken from (name of person) the number of samples of bodily substances that is reasonably required for forensic DNA analysis, provided that the person taking the samples is able, by virtue of training or experience, to take them by means of the investigative procedures described in subsection 487.06(1) of the Criminal Code and that, if the person taking the samples is not a peace officer, they take them under the direction of a peace officer. This order is subject to the following terms and conditions that the court considers advisable to ensure that the taking of the samples is reasonable in the circumstances: Dated (date).................., at ..................(place). (Signature of judge of the court or clerk of the court)
2007, c. 22, s. 23
332 (1) The paragraph of Form 5.041 of Part
XXVIII of the Act after the paragraph that begins with “Whereas” and ends with “analysis;” is replaced by the following: This is therefore to order you, in Her Majesty’s name, to appear on ..................(date)...................................., at ..................(hour), at (..................place), for the purpose of the taking of bodily substances by means of the investigative procedures set out in subsection 487.06(1) of the Criminal Code. 2007, c. 22, s. 23
(2) The portion of Form 5.041 of Part XXVIII of
the Act after subsection 487.0552(1) set out in that Form is replaced by the following:
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Dated (date).................., at ..................(place). (Signature of judge of the court or clerk of the court)
2007, c. 22, s. 23
333 The portion of Form 5.061 of Part XXVIII of
the Act after subsection 487.0552(1) set out in that Form is replaced by the following: Dated (date).................., at ..................(place). (Signature of judge of the court or clerk of the court)
R.S., c. 27 (1st Supp.), s. 184(4)
334 (1) The two paragraphs of Form 6 of Part
XXVIII of the Act after the paragraph that begins with “To A.B.” and ends with “(occupation):” are replaced by the following: Because you have this day been charged with (set out briefly the offence in respect of which the accused is charged); Therefore, you are ordered, in Her Majesty’s name: (a) to attend court on ..................(date).................. ...................................., at ..................(hour), at (place) .................. or before any justice for the (territorial division) who is there, and to attend court at any time after as required by the court, in order to be dealt with according to law; and (b) to appear on ..................(date).................., at
.................. (hour), at (place).................., for the purposes of the Identification of Criminals Act. (Ignore if not filled in).
R.S., c. 27 (1st Supp.), s. 184(4)
(2) The portion of Form 6 of Part XXVIII of the Act after section 510 set out in that Form is replaced by the following:
Dated (date).................., at ..................(place). (Signature of judge, justice or clerk of the court) (3) Form 6 of Part XXVIII of the Act is replaced
by the following:
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FORM 6 (Section 2)
Summons to a Person Charged with an Offence Canada, Province of .................... (territorial division). To (name of person), of ...................., born on (date of birth): Because you have this day been charged with (set out briefly the offence in respect of which the accused is charged); Therefore, you are ordered, in Her Majesty’s name: (a) to appear on (date) at (hour) at (place) for the purposes of the Identification of Criminals Act (Ignore, if not filled in); and (b) to attend court on (date), at (hour), at (place), or before any justice for the (territorial division) who is there, and to attend court at any time after as required by the court, in order to be dealt with according to law.
You are warned that, unless you have a lawful excuse, it is an offence under subsection 145(3) of the Criminal Code to fail to appear for the purposes of the Identification of Criminals Act or to attend court, as required in this summons. If you commit an offence under subsection 145(3) of the Criminal Code, a warrant for your arrest may be issued (Section 512 or 512.1 of the Criminal Code) and you may be liable to a fine or to imprisonment, or to both. If you do not comply with this summons or are charged with committing an indictable offence after it has been issued to you, this summons may be cancelled and, as a result, you may be detained in custody (Subsection 524(4) of the Criminal Code). Signed on (date), at (place). ............................................ (Signature of judge, justice, clerk of the court or chairperson of the Review Board) ............................................ (Name of the judge, justice or chairperson)
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1999, c. 5, s. 46
335 Form 7 of Part XXVIII of the Act is replaced
by the following:
FORM 7 (Sections 475, 493, 597, 800 and 803)
Warrant for Arrest Canada, Province of ..................., (territorial division). To the peace officers in the (territorial division): This warrant is issued for the arrest of (name of person), of ...................., born on (date of birth), referred to in this warrant as the accused. Because the accused has been charged with (set out briefly the offence in respect of which the accused is charged); And because (check those that are applicable): □ (a) there are reasonable grounds to believe that it is necessary in the public interest to issue this warrant for the arrest of the accused [507(4), 512(1)]; □ (b) the accused failed to attend court in accordance with the summons served on the accused [512(2)]; □ (c) (an appearance notice or undertaking) was confirmed and the accused failed to attend court in accordance with it [512(2)]; □ (d) it appears that a summons cannot be served because the accused is evading service [512(2)]; □ (e) the accused was ordered to be present at the hearing of an application for a review of an order made by a justice and did not attend the hearing [520(5), 521(5)]; □ (f) there are reasonable grounds to believe that
the accused has contravened or is about to contravene the (summons or appearance notice or undertaking or release order) on which the accused was released [512.3]; □ (g) there are reasonable grounds to believe that the accused has committed an indictable offence since their release from custody on (summons or appearance notice or undertaking or release order) [512.3];
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□ (h) the accused was required by (appearance notice or undertaking or summons) to attend at a time and place stated in it for the purposes of the Identification of Criminals Act and did not appear at that time and place [512.1, 512.2]; □ (i) an indictment has been found against the accused and the accused has not appeared or remained in attendance before the court for their trial [597]; □ (j) (if none of the above applies, reproduce the provisions of the statute that authorize this warrant).
Therefore, you are ordered, in Her Majesty’s name, to immediately arrest the accused and to bring them before (state court, judge or justice), to be dealt with according to law. □ (Check if applicable) Because there are reasonable grounds to believe that the accused is or will be present in (specify dwelling-house), this warrant is also issued to authorize you to enter the dwellinghouse for the purpose of arresting the accused, subject to the condition that you may not enter the dwelling-house unless you have, immediately before entering the dwelling-house, reasonable grounds to believe that the person to be arrested is present in the dwelling-house.
Signed on (date), at (place). ............................................ (Signature of judge, provincial court judge, justice or clerk of the court) ............................................ (Name of the judge, provincial court judge or justice who has issued this warrant)
R.S., c. 27 (1st Supp.), ss. 184(19)(E) and 203
336 (1) The portion of Form 8 of Part XXVIII of the Act that begins with “I do hereby command” and ends with “Provincial Court Judge or Justice” is replaced by the following:
You are ordered to receive the accused in your custody in this prison and keep them safely there until they are delivered by due course of law. Dated (date).................., at ..................(place).
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(Signature of judge, justice or clerk of the court)
(2) Form 8 of Part XXVIII of the Act is replaced
by the following:
FORM 8 (Sections 493 and 515)
Warrant for Committal Canada, Province of ..................., (territorial division). To the peace officers in the (territorial division) and to the keeper of the (prison) at ....................: This warrant is issued for the committal of (name of person), of ...................., born on (date of birth), referred to in this warrant as the accused. Because the accused has been charged with (set out briefly the offence in respect of which the accused is charged); And because (check those that are applicable): □ (a) the prosecutor has shown cause why the detention of the accused in custody is justified [515(5)]; □ (b) a release order has been issued but the accused has not yet complied with the conditions of the order [519(1), 520(9), 521(10), 524(8), 525(6)];* □ (c) the application by the prosecutor for a review of the release order has been allowed and that release order has been vacated, and the prosecutor has shown cause why the detention of the accused in custody is justified [521]; □ (d) the accused has contravened or was about to contravene a (summons or appearance notice or undertaking or release order) and it was cancelled, and the detention of the accused in custody is justified [515(10), 523.1(3), 524(3) and (4)]; □ (e) there are reasonable grounds to believe that the accused has committed an indictable offence after having become subject to the (summons or appearance notice or undertaking or release order) and the detention of the accused in custody is justified [515(10), 524(3) and (4)]; □ (f) (if none of the above applies, reproduce the provisions of the statute that authorize this warrant).
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Therefore, you are ordered, in Her Majesty’s name, to arrest the accused and convey them safely to the (prison) at ...................., and there deliver them to its keeper, with the following order: You are ordered to receive the accused in your custody in this prison and keep them safely there until they are delivered by due course of law. Signed on (date), at (place). ............................................ (Signature of judge, justice or clerk of the court) ............................................ (Name of the judge or justice who has issued this warrant) *
If the person having custody of the accused is authorized under paragraph 519(1)(b) of the Criminal Code to release the accused if they comply with a release order, endorse the authorization on this warrant and attach a copy of the order.
1997, c. 18, s. 115; 1999, c. 25, ss. 24 and 26; 2002, c. 13, s. 86(F); 2008, c. 18, s. 45.1
337 Forms 9 to 14 of Part XXVIII of the Act are replaced by the following:
FORM 9 (Section 2)
Appearance Notice Canada, Province of .................... (territorial division) 1 Identification
Surname: .................... Given name(s): .................... Date of Birth: .................... 2 Contact Information
.................... 3 Alleged Offence
You are alleged to have committed (set out briefly the substance of the offence, including any failure referred to in section 496, that the accused is alleged to have committed).
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□ (Check if applicable) No new charges are being laid against you at this time but you are required to appear at a judicial referral hearing under section 523.1 for a failure under section 496. 4 Conditions
You must attend court as indicated below, and afterwards as required by the court: Date: .................... Time: .................... Court number: .................... Court address: .................... 5 Appearance for the purposes of the Identification of Criminals Act (if applicable) □ You are required to appear on (date) at (hour) at
(place) for the purposes of the Identification of Criminals Act. 6 Consequence for non-compliance
You are warned that, (a) in the case where charges have been laid against you, unless you have a lawful excuse, you commit an offence under subsection 145(3) of the Criminal Code if you fail to appear for the purposes of the Identification of Criminals Act or to attend court, as required in this appearance notice; (b) in the case where no charges have been laid against you and you fail to appear at a judicial referral hearing under section 523.1, as required in this appearance notice, charges may be laid against you for the alleged offence described in item 3 of this notice. If you commit an offence under subsection 145(3) of the Criminal Code, a warrant for your arrest may be issued (section 512 or 512.2 of the Criminal Code) and you may be liable to a fine or to imprisonment, or to both. It is not a lawful excuse to an offence under subsection 145(3) of the Criminal Code that this appearance notice does not accurately describe the offence that you are alleged to have committed (subsection 145(6) of the Criminal Code). If you do not comply with this appearance notice or are charged with committing an indictable offence after you have been released, this appearance notice may be cancelled and, as a result, you may be detained in custody (subsection 524(4) of the Criminal Code). 7 Signatures
ACCUSED:
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I understand the contents of this appearance notice and agree to comply with it. Signed on (date), at (place). ............................................ (Signature of accused) PEACE OFFICER: Signed on (date), at (place). ............................................ (Signature of peace officer) ............................................ (Name of the peace officer)
FORM 10 (Section 2)
Undertaking Canada, Province of .................... (territorial division). 1 Identification
Surname: .................... Given name(s): .................... Date of Birth: .................... 2 Contact Information
.................... 3 Charge(s)
(set out briefly the offence in respect of which the accused was charged) 4 Mandatory Condition
You must attend court as indicated below, and afterwards as required by the court: Date: .................... Time: .................... Court number: .................... Court address: ....................
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5 Additional Conditions
You must also comply with any conditions that are indicated below by a check mark (check only those that are reasonable in the circumstances of the offence and necessary, to ensure the accused’s attendance in court or the safety and security of any victim of or witness to the offence, or to prevent the continuation or repetition of the offence or the commission of another offence): □ (a) You must report to (name or title) at
(place) on (date or dates). □ (b) You must remain within the following territorial jurisdiction: .................... □ (c) You must notify (name, title and phone
number) of any change of your (address, employment or occupation). □ (d) You must not communicate, directly or indirectly, with ..................., except in accordance with the following conditions: ....................
□ (e) You must not go to (places which are related to the person(s) mentioned in the condition set out in paragraph (d)), except in accordance with the following conditions: .................... □ (f) You must not enter the areas (describe in detail the boundaries of the areas related to the person(s) mentioned in the condition set out in paragraph (d)), except in accordance with the following conditions: .................... □ (g) You must deposit all your passports with (name or title) at (place) before (date). □ (h) You must reside at (place), be at that residence between (hour) and (hour), and present yourself at the entrance of that residence when a peace officer or (name and title of another person) requests you to do so within those hours. □ (i) You must not possess a firearm, crossbow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance and you must surrender those that are in your possession and also any authorization, licence or registration certificate or other document enabling you to acquire or possess them to (name or title) at (place). □ (j)
You promise to pay the amount of ................... (not more than $500), if you fail to comply with a condition of this undertaking.
□ (k) You must deposit money or other valuable
security whose value is equal to the amount
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of ................... (not more than $500) with (name or title), because you are not ordinarily resident in the province or do not reside within 200 km of the place in which you are in custody. □ (l) You must comply with the following conditions (conditions for ensuring the safety and security of any victim of or witness to the alleged offence): ................... 6 Appearance for the purposes of the Identification of Criminals Act □ You are required to appear on (date) at (hour) at
(place) for the purposes of the Identification of Criminals Act. 7 Variation and Replacement
The conditions of this undertaking may be varied with the written consent of the prosecutor and yourself. In addition, you or the prosecutor may apply to a justice of the peace to replace this undertaking with a release order under section 515 of the Criminal Code. 8 Conditions in effect
The mandatory condition and the conditions indicated by a check mark on this undertaking remain in effect until they are cancelled or changed or until you have been discharged, sentenced or otherwise detained by the court (sections 763 and 764 of the Criminal Code). 9 Consequence for non-compliance
You are warned that, unless you have a lawful excuse, you commit an offence under section 145 of the Criminal Code if you fail to follow any of the conditions set out in this undertaking, including (a) to fail to attend court as required; (b) to fail to appear as required for the purposes of the Identification of Criminals Act; (c) to fail to remain in the territorial jurisdiction
specified in section 5 of this undertaking (if applicable). If you commit an offence under section 145 of the Criminal Code, a warrant for your arrest may be issued (section 512 or 512.2 of the Criminal Code) and you may be liable to a fine or to imprisonment, or to both. It is not a lawful excuse to an offence under subsection 145(4) of the Criminal Code that this undertaking does not accurately describe the offence that you are alleged to have committed (subsection 145(6) of the Criminal Code).
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If you do not comply with this undertaking or are charged with committing an indictable offence after you have been released, this undertaking may be cancelled and, as a result, you may be detained in custody (subsection 524(4) of the Criminal Code). If you do not comply with this undertaking, the funds or valuable security promised or deposited by you or your surety could be forfeited (subsection 771(2) of the Criminal Code). 10 Signatures
ACCUSED: I understand the contents of this undertaking and agree to comply with the mandatory condition and the conditions that are indicated by a check mark. I understand that I do not have to accept the conditions and that, if I do not accept the conditions, I will be brought to a justice for a bail hearing. Signed on (date), at (place). ............................................ (Signature of accused) PEACE OFFICER: Signed on (date), at (place). ............................................ (Signature of peace officer) ............................................ (Name of the peace officer)
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FORM 11 (Section 2)
Release Order Canada, Province of .................... (territorial division). 1 Identification
Surname: .................... Given name(s): .................... Date of Birth: .................... 2 Contact Information
.................... 3 Charge(s)
(set out briefly the offence in respect of which the accused was charged) 4 Financial Obligations □ You do not have any financial obligations under this release order.
or In order for you to be released, the obligations that are indicated below by a check mark must be complied with. □ You promise to pay the amount of .................... if you fail to comply with a condi‐ tion of this release order. □ You must deposit money in the amount of ...............or other valuable security whose val‐ ue does not exceed .................... with the clerk of the court. □ The surety (name), born on (date of birth), (promises to pay or deposits) to the court the amount of ..................... 5 Conditions
You must comply with the conditions that are indicated below by a check mark. □ You must report to (name or title) at (place) on (date or dates). □ You must remain within the territorial jurisdiction of (province or territory).
□ You must notify (name, title and phone number) of any change of your (address, employment or occupation). □ You must not communicate, directly or indirectly, with (victims, witnesses or other
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persons), except in accordance with the following conditions: .................... □ You must not go to (place) or enter (geographic area), except in accordance with the following conditions: .................... □ You must deposit all your passports with (name or title) at (place) before (date). □ You must not possess a firearm, crossbow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance and you must surrender any of them in your possession and any authorization, licence or registration certificate or other document enabling the acquisition or possession of a firearm to (name or title) at (place). □ You must comply with the following conditions (conditions for ensuring the safety and security of any victim of or witness to the alleged offence): ................... □ You must comply with the following conditions: ...................
6 Variation
The conditions of this release order may be varied with the written consent of the prosecutor, yourself and your sureties, if any. In addition, you or the prosecutor may apply to a judge to have any condition in this release order cancelled or changed. 7 Conditions in effect
The conditions indicated by a check mark on this release order (including any obligations imposed on your sureties) remain in effect until they are cancelled or changed or until you have been discharged, sentenced or otherwise detained by the court (sections 763 and 764 of the Criminal Code). 8 Consequence for non-compliance
You are warned that, unless you have a lawful excuse, you commit an offence under section 145 of the Criminal Code if you fail to follow any of the conditions set out in this release order, including if you fail to attend court as required. If you commit an offence under section 145 of the Criminal Code, a warrant for your arrest may be issued (sections 512 and 512.3 of the Criminal Code) and you may be liable to a fine or to imprisonment, or to both. If you do not comply with this release order or are charged with committing an indictable offence after you have been released, this release order may
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be cancelled and, as a result, you may be detained in custody (subsection 524(4) of the Criminal Code). If you do not comply with this release order, the money or other valuable security promised or deposited by you or your surety could be forfeited (subsection 771(2) of the Criminal Code). 9 Signatures
SURETY: (if applicable) I understand my role and my responsibilities under this release order and I agree to act as a surety. I agree to (promise or deposit) to the court the amount of money described in section 4 of this release order. □ Surety Declaration is attached (section 515.1 of the Criminal Code). □ Surety is excepted from providing Surety
Declaration (subsection 515.1(2) of the Criminal Code).
Signed on (date), at (place). ............................................ (Signature of the surety) ACCUSED: I understand the contents of this form and agree to comply with the conditions that are indicated by a check mark. I understand that I do not have to accept the conditions and that, if I do not accept the conditions, I will be detained. Signed on (date), at (place). ............................................ (Signature of accused) JUDGE, JUSTICE OR CLERK OF THE COURT: Signed on (date), at (place). ............................................ (Signature of judge, justice or clerk of the court) ............................................ (Name of judge or justice who has issued this order)
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FORM 12 (Section 515.1)
Surety Declaration Canada, Province of ...................., (territorial division). 1 Identification
Surname: .................... Given name(s): .................... Date of Birth: .................... Home address: .................... Phone number(s): mary) ....................(other)
....................
(priOther contact information (if any): .................... Employment or occupation (if any): .................... Name and contact information for employer (if any): .................... 2 Information about the Accused
Surname: .................... Given name(s): .................... Date of Birth: .................... Court file number: .................... 3 Other information required
Relationship to the accused: .................... I am acting as a surety in respect of another accused. □ Yes □ No If yes, name and date of birth of any other accused: .................... I have a criminal record or there are outstanding criminal charges against me. □ Yes □ No If yes, description of criminal record, if any, and all outstanding criminal charges, specifying offence and year of conviction: .................... 4 Charges against the Accused
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I understand that the accused has been charged with (set out briefly the offence in respect of which the accused was charged). 5 Other Outstanding Charges against the Accused
□ I understand that the accused does not have any other outstanding criminal charges. □ I understand that the accused has also been charged with (set out briefly the offence in respect of which the accused was charged), but this declaration does not apply to those charges. 6 Criminal Record of the Accused
□ I understand that the accused does not have a criminal record. □ I understand that the accused has a criminal record, which is described below or a copy of which I have attached and initialled. .................... 7 Financial Promise or Deposit
As a surety for the accused, I am willing to (promise or deposit) to the court the amount of .................... 8 Acknowledgment
I understand that failure on the part of the accused to follow any of the conditions in their release order or recognizance could lead to the forfeiture of the amount of money that has been promised or deposited. I understand that I may, at any time, ask to no longer be a surety by making an application, by bringing the accused to the court in order to be discharged from my obligation (section 767 of the Criminal Code) or by taking and giving the accused into custody (section 768 of the Criminal Code). I voluntarily make this declaration and it is my free choice to take on the responsibilities of a surety. 9 Signature
Signed on (date), at (place).
............................................ (Signature of the surety) Sworn before me on (date), at (place). ............................................ (Signature of the person who is authorized to take or receive statements made under oath, solemn declaration or solemn affirmation)
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338 (1) The paragraph of Form 15 of Part XXVIII of the Act that begins with “And whereas” and ends with “charge;” is replaced by the following:
And whereas the deposition of X.Y. in respect of the charge has been taken by me (or if the signatory is not the justice, the justice); (2) The portion of Form 15 of Part XXVIII of the Act after the paragraph that begins with “This is” and ends with “division).” is replaced by the following:
Dated (date).................., at ..................(place). (Signature of justice or clerk of the court) ..................
R.S., c. 27 (1st Supp.), s. 203
339 (1) The paragraph of Form 18 of Part XXVIII of the Act that begins with “And Whereas” and ends with “abscond);” is replaced by the following:
And whereas I am (or if the signatory is not the justice, the justice is) satisfied by information in writing and under oath that C.D., of .................., in this warrant called the witness, is bound by recognizance to give evidence on the trial of the accused on the charge, and that the witness (has absconded or is about to abscond);
R.S., c. 27 (1st Supp.), s. 203
(2) The portion of Form 18 of Part XXVIII of the
Act after the paragraph that begins with “This is” and ends with “Code.” is replaced by the following: Dated (date).................., at ..................(place). (Signature of justice or clerk of the court) ...................... R.S., c. 27 (1st Supp.), s. 184(9)
340 The portion of Form 19 of Part XXVIII of the Act after the portion that begins with “Person” and ends with “Remanded to” is replaced by the following:
And you, the keeper of the prison, are directed to receive each of the persons into your custody in the prison and keep each person safely until the day when that person’s remand expires and then to have that person before me or any other justice (or if the signatory is not the justice, before any justice) on ..................(date),.................. at ..................(hour), at ..................(place), there to answer
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to the charge and to be dealt with according to law, unless you are otherwise directed before that time. Dated (date).................., at ..................(place). (Signature of justice or clerk of the court) ...................... R.S., c. 27 (1st Supp.), s. 184(19)(E)
341 Form 20 of Part XXVIII of the Act is replaced by the following:
FORM 20 (Section 545)
Warrant of Committal of Witness for Refusing to Be Sworn or to Give Evidence Canada, Province of ................. , (territorial division). To the peace officers in the (territorial division): Whereas A.B. of ................. , in this warrant called the accused, has been charged that (set out offence as in the information); And whereas E.F. of ................. , in this warrant called the witness, attending before me (or if the signatory is not the justice, before the justice) to give evidence for (the prosecution or the defence) concerning the charge against the accused (refused to be sworn or being duly sworn as a witness refused to answer certain questions concerning the charge that were put to them or refused or failed to produce the following writings, namely ................. or refused to sign their deposition) having been ordered to do so, without offering any just excuse for that refusal or failure; This is therefore to direct you, in Her Majesty’s name, to arrest, if necessary, and take the witness and convey them safely to the prison at ................. , and there deliver them to the keeper of it, together with the following precept: You, the keeper, are directed to receive the witness into your custody in the prison and safely keep them there for the term of ................. days, unless they sooner consent to do what was required of them, and for so doing this is a sufficient warrant. Dated (date)................. , at ................. (place). (Signature of justice or clerk of the court) ......................
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R.S., c. 27 (1st Supp.), s. 184(19)(E)
342 The portion of Form 22 of Part XXVIII of the Act after the paragraph that begins with “Whereas” and ends with “of ;” is replaced by the following:
You are directed, in Her Majesty’s name, to arrest, if necessary, and take the defendant and convey them safely to the (prison) at .................., and deliver them to the keeper of the prison, together with the following precept: You, the keeper of the prison, are directed to receive the defendant into your custody in this prison and keep them safely there for the term of .................., unless the amounts and the costs and charges of the committal and of conveying the defendant to the prison are sooner paid, and for so doing this is a sufficient warrant. Dated (date).................., at ..................(place). (Signature of provincial court judge, justice or clerk of the court) ......................
R.S., c. 27 (1st Supp.), s. 184(19)(E)
343 Form 24 of Part XXVIII of the Act is replaced
by the following:
FORM 24 (Section 550)
Warrant of Committal of Witness for Failure to Enter into Recognizance Canada, Province of ................. , (territorial division). To the peace officers in the (territorial division) and to the keeper of the (prison) at ................. : Whereas A.B., in this warrant called the accused, was committed for trial on a charge that (state offence as in the information); And whereas E.F., in this warrant called the witness, having appeared as a witness on the preliminary inquiry into the charge, and being required to enter into a recognizance to appear as a witness on the trial of the accused on the charge, has (failed or refused) to do so;
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This is therefore to direct you, in Her Majesty’s name, to arrest, if necessary, and take and safely convey the witness to the (prison) at ................. and there deliver them to the keeper of it, together with the following precept: You, the keeper, are directed to receive the witness into your custody in the prison and keep them there safely until the trial of the accused on the charge, unless before that time the witness enters into the recognizance. Dated (date)................. , at ................. (place). (Signature of justice or clerk of the court) ......................
R.S., c. 27 (1st Supp.), s. 184(19)(E)
344 Form 25 of Part XXVIII of the Act is replaced by the following:
FORM 25 (Section 708)
Warrant of Committal for Contempt Canada, Province of ................. , (territorial division). To the peace officers in the (territorial division) and to the keeper of the (prison) at (place)................. : Because E.F. of ................. ...................., in this warrant called the defaulter, was on (date)................. , at ................. ................. (place), convicted before ................. .................... for contempt because the de‐ faulter did not attend before ..................................... to give evidence on the trial of a charge that (state offence as in the information) against A.B. of ................. ...................., although (duly subpoenaed or bound by recognizance to appear and give evidence in that regard, as the case may be) and did not show any sufficient excuse for the default; And because, following the conviction it was ordered that the defaulter (set out the punishment imposed); And because the defaulter has not paid the amounts ordered to be paid; (delete if not applicable) Therefore, you are ordered, in Her Majesty’s name, to arrest, if necessary, and take the defaulter and convey them safely to the prison at ....................
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................. and there deliver them to its keeper, together with the following order: You, the keeper, are ordered to receive the defaulter into your custody in this prison and keep them safely there* and for so doing this is a sufficient warrant. *
Insert whichever of the following is applicable:
(a) for the term of ................. ; (b) for the term of ................. , unless the sums
and the costs and charges of the committal and of conveying the defaulter to the prison are sooner paid; (c) for the term of ................. and for the term of (if consecutive so state) unless the sums and the costs and charges of the committal and of conveying the defaulter to the prison are sooner paid.
Dated (date)................. , at ................. (place). (Signature of judge, provincial court judge, justice or clerk of the court) (Seal, if required)
R.S., c. 27 (1st Supp.), s. 184(11)(E)
345 (1) The portion of Form 27 of Part XXVIII of the Act after the paragraph that begins with “You are” and ends with “precept:” is replaced by the following:
You, the keeper, are ordered to receive the defaulters into your custody in this prison and keep them safely there for a period of ...................................... or until satisfaction is made of a judgment debt of ...................................... dollars due to Her Majesty the Queen in respect of the forfeiture of a recognizance entered into by .................... .................. on (date)................... Dated (date).................., at ..................(place). (Signature of judge of the court or clerk of the court) (Seal, if required)
(2) Form 27 of Part XXVIII of the Act is replaced
by the following:
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FORM 27 (Section 773)
Warrant of Committal on Forfeiture of Amounts Canada, Province of ..................., (territorial division). To the sheriff of (territorial division) and to the keeper of the (prison) at (place). This warrant of committal is issued for the arrest of (name of person or persons), referred to in this warrant as the defaulter or defaulters, as the case may be. You are ordered to arrest the defaulter or defaulters and convey them safely to the (prison) at ...................., and deliver them to its keeper, with the following order: You, the keeper, are ordered to receive the defaulter or defaulters into your custody in this prison and keep them safely there for a period of .................... or until satisfaction is made of a judgment debt of ...................., due to Her Majesty the Queen in re‐ spect of the forfeiture of an amount set out in (an undertaking entered into or a release order issued or a recognizance entered into) on (date). Dated (date), at (place). ............................................ (Signature of judge of the court or clerk of the court) ............................................ (Name of judge who has issued this warrant of committal) (Seal, if required)
R.S., c. 27 (1st Supp.), s. 184(12)
346 Form 28 of Part XXVIII of the Act is replaced
by the following:
FORM 28 (Section 528)
Endorsement of Warrant Canada,
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Province of ................. , (territorial division). In accordance with the application this day made to me, I authorize the arrest of the accused (or defendant), within the (territorial division). Dated (date)................. , .................
at
................. (place).
(Signature of justice) ...................... 347 Form 30 of Part XXVIII of the Act is replaced by the following:
FORM 30 (Section 537)
Order for Accused to Be Brought Before Justice Prior to Expiration of Period of Remand Canada, Province of ................. , (territorial division). To the keeper of the (prison) at ................. : Whereas by warrant dated (date), A.B., in this order called the accused, was committed to your custody and you were required to keep them safely until the (date)................. ................. , and then to have them before me or any other justice (or if the signatory is not the justice, any justice) at (place)................. at ................. ................. (hour) to answer to the charge against the accused and to be dealt with according to law unless you should be ordered otherwise before that time; Now, therefore, you are directed to have the accused before ................. at (place)................. at ................. ................. (hour) to answer to the charge against them and so they may be dealt with according to law. Dated (date)................. , at ................. (place). (Signature of justice or clerk of the court).............
R.S., c. 27 (1st Supp.), par. 101(2)(e)(E) and ss. 184(13) and 203; R.S., c. 42 (4th Supp.), s. 7; 1993, c. 45, ss. 13 and 14; 1999, c. 25, s. 27
348 (1) The portion of Form 32 of Part XXVIII of
the Act after the reference to “(territorial
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division).” and before the number 1 is replaced by the following: Be it remembered that on this day the persons named in the following schedule personally came before me (or if the signatory is the clerk of the court, before the judge, provincial court judge or justice, as the case may be) and severally acknowledged themselves to owe to Her Majesty the Queen the several amounts set opposite their respective names, namely, Name A.B C.D E.F
Address
Occupation
Amount
to be made and levied of their several goods and chattels, lands and tenements, respectively, to the use of Her Majesty the Queen, if A.B. fails in any of the conditions set out below. Taken and acknowledged before me (or if the signatory is the clerk of the court, the judge, provincial court judge or justice, as the case may be) on (date).................., at ..................(place). Dated (date).................., at ..................(place). (Signature of judge, provincial court judge, justice or clerk of the court) R.S., c. 27 (1st Supp.), par. 101(2)(e)(E) and ss. 184(13) and 203; R.S., c. 42 (4th Supp.), s. 7; 1993, c. 45, ss. 13 and 14; 1999, c. 25, s. 27
(2) Paragraphs (d) and (e) of Form 32 of Part
XXVIII of the Act after the heading “Schedule of Conditions” are replaced by the following: (d) abstains from communicating, directly or indirectly, with (identification of victim, witness or other person) except in accordance with the following conditions: (as the judge, provincial court judge or justice specifies); (e) deposits their passport (as the judge, provincial court judge or justice directs); and (3) Form 32 of Part XXVIII of the Act is replaced by the following:
FORM 32 (Sections 2, 462.34, 490.9, 550, 683, 706, 707, 779, 810, 810.01, 810.1, 810.2, 817 and 832)
Recognizance Canada, Province of ................ (territorial division)
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1 Identification
Surname: .................... Given name(s): .................... Date of birth: .................... Home address: .................... Phone number(s): ....................(primary).................... (other) Other contact information (if any): .................... Employment or Occupation (if any): .................... Name and contact information of employer (if any): .................... 2 Financial Promise or Deposit
Pursuant to .... (provision) of the Criminal Code, I agree to (promise or deposit) the amount of $ ...................., or the other valuable security de‐ scribed here:.................... I understand that if I fail to comply with any of the conditions listed below, this amount or security may be forfeited. 3 Conditions
(List the conditions that have been ordered by the court and indicate the duration for which each condition remains in effect.) .................... 4 Variation
I understand that I may apply to a judge or a justice of the peace to have any condition in this form cancelled or varied. 5 Conditions in effect
I understand that the conditions in this recognizance remain in effect until they are cancelled or changed or until I have been discharged, sentenced or otherwise detained by the court (sections 763 and 764 of the Criminal Code). 6 Signatures
PERSON WHO IS GIVING RECOGNIZANCE: I understand the contents of this form and agree to comply with the conditions that are listed above. Signed on .................... (date), at ....................(place). ..................................................... (Signature of the person) ..................................................... (Print name)
SURETY (if applicable): I understand my role and my responsibilities under this recognizance and I agree to act as a surety.
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I agree to (promise or deposit) as security to the court the amount of $..................... I understand that if the person who is giving this recognizance fails to comply with any of the conditions in this recognizance, the money that I have promised or deposited may be forfeited. Surety Declaration (if applicable) □ Surety Declaration attached. (Section 515.1 of the Criminal Code.) □ Surety excepted from providing Surety Declaration. (Subsection 515.1(2) of the Criminal Code.)
Signed on .................... (date), at ....................(place).
..................................................... (Signature of the Surety) ..................................................... (Print name)
JUDGE, PROVINCIAL COURT JUDGE, JUSTICE OR CLERK OF THE COURT: Signed on .................... (date), at ....................(place). ..................................................... (Signature of the judge, provincial court judge, justice or clerk of the court) ..................................................... (Print name)
List of Conditions (a) has a surety (sections 462.34, 490.9, 550, 779, 810, 817 and 832 of the Criminal Code); (b) agrees to keep the peace and be of good behaviour (sections 83.3, 810, 810.01, 810.1 and 810.2 of the Criminal Code); (c) abstains from possessing a firearm, crossbow,
prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance and surrenders those in their possession and surrenders any authorization, licence or registration certificate or other document enabling the acquisition or possession of a firearm (sections 83.3, 810, 810.01, 810.1 and 810.2 of the Criminal Code); (d) participates in a treatment program (sections 810.01, 810.1 and 810.2 of the Criminal Code); (e) wears an electronic monitoring device (if the Attorney General makes the request) (sections 810.01, 810.1 and 810.2 of the Criminal Code); (f) remains within a specified geographic area unless written permission to leave that area is
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obtained from the judge (sections 810.01 and 810.2 of the Criminal Code); (g) returns to and remains at their place of residence at specified times (sections 810.01, 810.1 and 810.2 of the Criminal Code); (h) abstains from the consumption of drugs, except in accordance with a medical prescription (sections 810.01, 810.1 and 810.2 of the Criminal Code); (i) abstains from the consumption of alcohol or of any other intoxicating substance, except in accordance with a medical prescription (sections 810.01, 810.1 and 810.2 of the Criminal Code); (j) abstains from any contact — including communicating by any means — with a person under the age of 16 years, unless doing so under the supervision of a person whom the judge considers appropriate (section 810.1 of the Criminal Code); (k) abstains from using the Internet or other digital network, unless doing so in accordance with conditions set by the judge (section 810.1 of the Criminal Code); (l) abstains from attending a public park or public swimming area where persons under the age of 16 years are present or can reasonably be expected to be present, or a daycare centre, schoolground or playground (section 810.1 of the Criminal Code); (m) appears personally or by counsel at the sittings of the appeal court at which the appeal is to be heard (sections 817 and 832 of the Criminal Code); (n) appears in court as required (sections 550, 706
and 707 of the Criminal Code); (o) in the case where a warrant was issued under
section 462.32 of the Criminal Code or a restraint order was made under subsection 462.33(3) of that Act in relation to any property (set out a description of the property and its location), refrains from doing or causing anything to be done that would result, directly or indirectly, in the disappearance, dissipation or reduction in value of the property or otherwise affect the property so that all or a part thereof could not be subject to an order of forfeiture under section 462.37 or 462.38 of that Act or any other provision of that Act or any other Act of Parliament (section 462.34 of the Criminal Code); (p) agrees to prosecute the writ of certiorari at their own expense, without wilful delay, and, if ordered, to pay to the person in whose favour the conviction, order or other proceeding is affirmed
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their full costs and charges to be taxed according to the practice of the court where the conviction, order or proceeding is affirmed (section 779 of the Criminal Code); (q) any other reasonable conditions, including: – reports at specified times to peace officer or other person designated; – remains within designated territorial jurisdiction; – notifies peace officer or other person designated of any change in their address, employment or occupation; – abstains from communicating, directly or indirectly, with victim, witness or other specified person except in accordance with conditions specified by judge, provincial court judge or justice; and – deposits all their passports as the judge, provincial court judge or justice directs.
1994, c. 44, s. 84
349 (1) The paragraph of Form 33 of Part XXVIII
of the Act after the heading of the Form is replaced by the following: It is certified that A.B. (has not appeared as required by this recognizance or has not complied with a condition of this recognizance) and that, as a result, the ends of justice have been (defeated or delayed, as the case may be).
1994, c. 44, s. 84
(2) The portion of Form 33 of Part XXVIII of the
Act after the paragraph that begins with “The names” and ends with “as follows:” is replaced by the following: Dated (date).................., at ..................(place). (Signature of judge, provincial court judge, justice, clerk of the court, peace officer or other person) (Seal, if required) (3) Form 33 of Part XXVIII of the Act is replaced
by the following:
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FORM 33 (Section 770)
Certificate of Default to Be Endorsed It is certified that A.B. (has not appeared as re‐ quired by this undertaking, release order or recognizance or has not complied with a condition of this undertaking, release order or recognizance) and that for this reason the ends of justice have been (defeated or delayed, as the case may be). The nature of the default is ................................ and the reason for the default is ............. (state reason if known). The names and addresses of the principal and sureties are as follows: Dated (date)................. , at ................. (place). ................................................ (Signature of judge, provincial court judge, justice, clerk of the court, peace officer or other person) (Seal, if required) 350 Form 38 of Part XXVIII of the Act is replaced by the following:
FORM 38 (Section 708)
Conviction for Contempt Canada, Province of ................. , (territorial division). Be it remembered that on (date)................. , at ................. (place) in the (territorial division), E.F. of ................. , in this conviction called the defaulter, is convicted for contempt in that they did not attend before (set out court or justice) to give evidence on the trial of a charge that (state fully offence with which accused was charged), although (duly subpoenaed or bound by recognizance to attend to give evidence, as
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the case may be) and has not shown any sufficient excuse for their default; The defaulter is therefore convicted for their default, (set out punishment as authorized and determined in accordance with section 708 of theCriminal Code). Dated (date)................. , at ................. (place). (Signature of judge, provincial court judge, justice or clerk of the court) (Seal, if required) 351 Form 39 of Part XXVIII of the Act is replaced
by the following:
FORM 39 (Sections 519 and 550)
Order for Discharge of a Person in Custody Canada, Province of ................. , (territorial division). To the keeper of the (prison) at ................. : You are directed to release E.F., detained by you un‐ der a (warrant of committal or order) dated (date) ................. , if E.F. is detained by you for no other cause. (Signature of judge, justice or clerk of the court) (Seal, if required)
2005, c. 22, s. 40
352 (1) The portion of Form 48 of Part XXVIII of
the Act after the reference to “(territorial division)” and before the first brackets “[ ]” is replaced by the following: Whereas I have (or if the signatory is the clerk of the court, the judge or justice has) reasonable grounds to believe that evidence of the mental condition of (name of accused), who has been charged with .................., may be necessary to determine *
2005, c. 22, s. 40
(2) The paragraph of Form 48 of Part XXVIII of
the Act that begins with “I hereby order” and ends with “days.” is replaced by the following:
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An assessment of the mental condition of (name of accused) is ordered to be conducted by/at (name of person or service by which or place where assessment is to be made) for a period of .................. days.
2005, c. 22, s. 40
(3) The portion of Form 48 of Part XXVIII of the
Act after the reference to “* Check applicable option.” is replaced by the following: Dated (date).................., at ..................(place). (Signature of judge, provincial court judge, justice or clerk of the court)
1991, c. 43, s. 8
353 (1) The paragraph of Form 49 of Part XXVIII
of the English version of the Act that begins with “I do” and ends with “of law” is replaced by the following: You, the keeper (administrator, warden), are therefore directed to receive the accused in your custody in the (prison, hospital or other appropriate place) and to keep the accused safely there until the accused is delivered by due course of law. 1991, c. 43, s. 8
(2) The portion of Form 49 of Part XXVIII of the Act after the reference to “* Check applicable option.” is replaced by the following:
Dated (date).................., at ..................(place). (Signature of judge, provincial court judge, justice, clerk of the court or chairperson of the review board)
Transitional Provisions Promise to appear 354 A person who is bound by a promise to appear given under the Criminal Code before the day on which subsection 1(3) of this Act comes into force is deemed, on and after that day, to be bound by an appearance notice as defined in section 2 of the Criminal Code, as amended by subsection 1(3) of this Act.
Undertaking given to peace officer or officer in charge 355 A person who is bound by an undertaking
given under section 499 or subsection 503(2.1) of
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the Criminal Code before the day on which subsection 1(3) of this Act comes into force is deemed, on and after that day, to be bound by an undertaking as defined in section 2 of the Criminal Code, as amended by subsection 1(3) of this Act. Recognizance entered into before peace officer or officer in charge 356 A person who is bound by a recognizance entered into under section 498 or 499 or subsection 503(2) of the Criminal Code before the day on which subsection 1(3) of this Act comes into force is deemed, on and after that day, to be bound by an undertaking as defined in section 2 of the Criminal Code, as amended by subsection 1(3) of this Act.
Undertaking given to judge or justice 357 A person who is bound by an undertaking
given under subsection 503(3.1) or section 515, 522, 524, 525, 597, 679, 683, 816 or 832 of the Criminal Code before the day on which subsection 1(3) of this Act comes into force is deemed, on and after that day, to be bound by a release order as defined in section 2 of the Criminal Code, as amended by subsection 1(3) of this Act.
Recognizance entered into before judge or justice 358 A person who is bound by a recognizance entered into under subsection 503(3.1) or section 515, 522, 524, 525, 679, 683, 816 or 832 of the Criminal Code before the day on which subsection 1(3) of this Act comes into force is deemed, on and after that day, to be bound by a release order as defined in section 2 of the Criminal Code, as amended by subsection 1(3) of this Act.
Right to re-elect 359 Any person accused of an offence before the
day on which section 254 of this Act comes into force and who finds themselves in one of the cases described in subparagraph 561(1)(b)(i) or subsection 561(2) or 561.1(2) of the Criminal Code, as enacted by this Act, may, if they have not already done so and despite those provisions, elect another mode of trial not later than 14 days before the day first appointed for the trial and they may do so after that time with the written consent of the prosecutor.
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Limitation period for summary offences 360 For any offence punishable on summary
conviction committed before the coming into force of section 315, no proceedings shall be instituted more than six months after the time when the subject matter of the proceedings arose, unless the prosecutor and the defendant so agree. Section 83.3 of the Criminal Code 360.1 (1) If, in accordance with section 83.32 of
the Criminal Code, section 83.3 of that Act does not have effect on the day on which section 24 comes into force, then that section 24 is deemed never to have come into force and is repealed. (2) However, if, after the day referred to in subsection (1), Bill C-59, introduced in the 1st session of the 42nd Parliament and entitled the National Security Act, 2017, receives royal assent and, by operation of section 157.1 of that Act, section 83.3 of the Criminal Code becomes effective again, then, as of the day on which that section 157.1 comes into force, the portion of subsection 83.3(6) of the Criminal Code before paragraph (a) is replaced by the following: When person to be taken before judge (6) Unless a peace officer is satisfied that a person should be released from custody without conditions before their appearance before a provincial court judge in accordance with the rules in paragraph (a) or (b), and so releases the person, the person detained in custody shall be taken before a provincial court judge in accordance with the following rules: 2002, c. 1
Youth Criminal Justice Act Amendments to the Act 361 The Youth Criminal Justice Act is amended by adding the following after section 4:
Certain offences — extrajudicial measures deemed adequate 4.1 (1) Extrajudicial measures are presumed to be adequate to hold a young person accountable for a failure or refusal referred to in section 137 and for a failure referred to in section 496 of the Criminal Code unless
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(a) the young person has a history of repetitive failures or refusals; or (b) the young person’s failure or refusal caused harm, or a risk of harm, to the safety of the public.
Certain offences — various measures (2) In the cases referred to in paragraphs (1)(a) and (b), (a) extrajudicial measures should be used if they are adequate to hold the young person accountable for the failure or refusal; and (b) if the use of extrajudicial measures would not be
adequate under paragraph (a), but issuing an appearance notice under section 496 (judicial referral hearing) of the Criminal Code or making an application for review of the youth sentence referred to in section 59(1) as an alternative to proceeding by charge would be adequate, then the applicable alternative should be used. 362 Subsection 6(1) of the Act is replaced by the
following: Warnings, cautions and referrals 6 (1) A police officer shall, before starting judicial proceedings or taking any other measures under this Act against a young person alleged to have committed an offence, consider whether it would be sufficient, having regard to the principles set out in sections 4 and 4.1, to take no further action, warn the young person, administer a caution, if a program has been established under section 7, or, with the consent of the young person, refer the young person to a program or agency in the community that may assist the young person not to commit offences. 363 The Act is amended by adding the following after section 24:
Certain Offences — Review of Charges by Attorney General Review required 24.1 If a charge for which an appearance notice, summons or release order was issued, or an undertaking was given, is dismissed, withdrawn or stayed, or the young person is acquitted of that charge, the Attorney General must review any charge pending against the young person under any of subsections 145(2) to (5) of the Criminal Code for failure to comply with the appearance notice, summons, release order or undertaking in order to determine whether the prosecution of the charge should proceed.
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364 (1) Subsection 25(2) of the Act is replaced by
the following: Arresting officer to advise young person of right to counsel (2) Every young person who is arrested or detained shall,
on being arrested or detained, be advised without delay by the arresting officer of the right to retain and instruct counsel, and be given an opportunity to obtain counsel. (2) Paragraphs 25(9)(c) and (d) of the Act are replaced by the following: (c) any undertaking entered into before a peace officer by the young person; 365 Subsections 26(1) and (2) of the Act are replaced by the following:
Notice in case of arrest and detained 26 (1) Subject to subsection (4), if a young person is arrested and detained in custody pending their appearance in court, a peace officer shall, as soon as possible after the young person is detained, give or cause to be given to a parent of the young person, orally or in writing, notice of the arrest stating the place of detention and the reason for the arrest. Notice in other cases (2) Subject to subsection (4), if a summons or an appearance notice is issued in respect of a young person, the person who issued the summons or appearance notice, or, if a young person is released on an undertaking, a peace officer, shall, as soon as possible, give or cause to be given to a parent of the young person notice in writing of the summons, appearance notice or undertaking. 366 The heading before section 28 of the Act is
replaced by the following:
Detention and Release 367 The Act is amended by adding the following
after section 28: Substitute for social measures prohibited 28.1 A peace officer, youth justice court judge or justice
shall not detain a young person in custody, or impose a condition in respect of a young person’s release by
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including it in an undertaking or release order, as a substitute for appropriate child protection, mental health or other social measures. 368 Subsection 29(1) of the Act is replaced by the following:
Release order with conditions 29 (1) A youth justice court judge or a justice may impose a condition set out in subsections 515(4) to (4.2) of the Criminal Code in respect of a release order only if they are satisfied that (a) the condition is necessary to ensure the young person’s attendance in court or for the protection or safety of the public, including any victim of or witness to the offence; (b) the condition is reasonable having regard to the
circumstances of the offending behaviour; and (c) the young person will reasonably be able to comply with the condition. 369 The Act is amended by adding the following after section 30:
Review of detention — 30-day period 30.1 For the purposes of section 525 of the Criminal Code with respect to a young person who has been charged with an offence for which they are being prosecuted in proceedings by way of summary conviction, every reference in that provision to “90 days” or “90-day” is to be read and construed as a reference to “30 days” or “30-day” respectively. 2012, c. 1, s. 171
370 (1) Subsection 37(4) of the Act is replaced by the following:
Appeals heard together (4) An order under subsection 72(1) or (1.1) (adult or
youth sentence) or 76(1) (placement when subject to adult sentence) may be appealed as part of the sentence and, unless the court to which the appeal is taken otherwise orders, if more than one of these is appealed they must be part of the same appeal proceeding. (2) Subsection 37(11) of the Act is replaced by the
following:
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No appeal from youth sentence on review (11) No appeal lies from a youth sentence under section 59 — other than subsection 59(10) — or under any of sections 94 to 96. 371 Subsection 38(2) of the Act is amended by striking out “and” at the end of paragraph (e) and by adding the following after paragraph (e): (e.1) if this Act provides that a youth justice court may impose conditions as part of the sentence, a condition may be imposed only if (i) the imposition of the condition is necessary to achieve the purpose set out in subsection 38(1), (ii) the young person will reasonably be able to comply with the condition, and (iii) the condition is not used as a substitute for appropriate child protection, mental health or other social measures; and 372 Paragraph 39(1)(b) of the Act is replaced by the following: (b) the young person has previously been found guilty of an offence under section 137 in relation to more than one sentence and, if the court is imposing a sentence for an offence under subsections 145(2) to (5) of the Criminal Code or section 137, the young person caused harm, or a risk of harm, to the safety of the public in committing that offence; 373 (1) Paragraph 42(2)(c) of the Act is replaced
by the following: (c) by order direct that the young person be discharged on any conditions imposed by the court in accordance with paragraph 38(2)(e.1) and may require the young person to report to and be supervised by the provincial director; (2) Paragraph 42(2)(s) of the Act is replaced by
the following: (s) impose on the young person, in accordance with paragraph 38(2)(e.1), any other conditions that the court considers appropriate. 374 (1) Subsection 55(1) of the Act is replaced by the following:
Condition that must appear in orders 55 (1) The youth justice court shall prescribe, as a condition of an order made under paragraph 42(2)(k) or (l),
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that the young person appear before the youth justice court when required by the court to do so. (2) The portion of subsection 55(2) of the Act before paragraph (a) is replaced by the following:
Conditions that may appear in orders (2) A youth justice court may, in accordance with paragraph 38(2)(e.1), prescribe as conditions of an order made under paragraph 42(2)(k) or (l) that a young person do one or more of the following: (3) Paragraph 55(2)(h) of the Act is replaced by
the following: (h) comply with any other conditions set out in the order that the youth justice court considers appropriate; and 375 (1) Subsection 59(1) of the Act is replaced by
the following: Review of youth sentences not involving custody 59 (1) When a youth justice court has imposed a youth sentence in respect of a young person, other than a youth sentence under paragraph 42(2)(n), (o), (q) or (r), the youth justice court shall, on the application of the young person, the young person’s parent, the Attorney General or the provincial director, review the youth sentence if the court is satisfied that there are grounds for a review under subsection (2). (2) Subsection 59(8) of the Act is replaced by the following:
New youth sentence not to be more onerous (8) Subject to subsections (9) and (10), when a youth
sentence imposed in respect of a young person is reviewed under this section, no youth sentence imposed under subsection (7) shall, without the consent of the young person, be more onerous than the remainder of the youth sentence reviewed. (3) Section 59 of the Act is amended by adding the
following after subsection (9): Exception — paragraph (2)(c) (10) In the case of a review of a youth sentence made on
the ground set out in paragraph (2)(c), the youth justice court may, in accordance with paragraph 38(2)(e.1), impose on the young person additional or more onerous conditions if it is of the opinion that the conditions
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(a) would better protect against the risk of harm to the safety of the public that the young person might otherwise present; or (b) would assist the young person to comply with any conditions previously imposed as part of that sentence. 2012, c. 1, s. 176(1)
376 Subsections 64(1.1) and (1.2) of the Act are repealed. 2012, c. 1, s. 185
377 Section 75 of the Act is repealed. 378 Subsection 76(4) of the Act is replaced by the following:
Report (4) Before making an order under subsection (1), the
youth justice court may require that a report be prepared for the purpose of assisting the court. 2012, c. 1, s. 189
379 Subsection 110(2) of the Act is amended by
adding “or” at the end of paragraph (a) and by repealing paragraph (b). 380 Section 134 of the Act is replaced by the following: Applications for forfeiture 134 Applications for the forfeiture of amounts set out in undertakings, release orders or recognizances binding young persons shall be made to the youth justice court. 381 (1) Subsections 135(1) to (3) of the Act are replaced by the following: Proceedings in case of default 135 (1) If an undertaking, release order or recognizance
binding a young person has been endorsed with a certificate under subsection 770(1) of the Criminal Code, a youth justice court judge shall (a) on the request of the Attorney General, fix a time
and place for the hearing of an application for the forfeiture of the amount set out in the undertaking, release order or recognizance; and (b) after fixing a time and place for the hearing, cause
to be sent by confirmed delivery service, not less than 10 days before the time so fixed, to each principal and surety named in the undertaking, release order or
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recognizance, directed to their latest known address, a notice requiring them to appear at the time and place fixed by the judge to show cause why the amount set out in the undertaking, release order or recognizance should not be forfeited.
Order for forfeiture (2) When subsection (1) is complied with, the youth justice court judge may, after giving the parties an opportunity to be heard, in the judge’s discretion grant or refuse the application and make any order with respect to the forfeiture of the amount that the judge considers proper.
Judgment debtors of the Crown (3) If, under subsection (2), a youth justice court judge orders the forfeiture of the amount, the principal and their sureties become judgment debtors of the Crown, each in the amount that the judge orders them to pay. (2) Subsections 135(5) and (6) of the Act are replaced by the following:
If a deposit has been made (5) If a deposit has been made by a person against whom an order for forfeiture has been made, no writ of fieri facias shall issue, but the amount of the deposit shall be transferred by the person who has custody of it to the person who is entitled by law to receive it.
Subsections 770(2) and (4) of Criminal Code do not apply (6) Subsections 770(2) (transmission to clerk of the court) and (4) (transmission of deposit) of the Criminal Code do not apply in respect of proceedings under this Act. 382 Paragraph 161(1)(a) of the Act is repealed. 383 Paragraph 1(g) of the schedule to the Act is
repealed.
Transitional Provision Subsection 59(10) 384 Subsection 59(10) of the Youth Criminal Justice Act does not apply to the sentence for an offence committed before the coming into force of that subsection.
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1996, c. 19
Controlled Drugs and Substances Act 385 Subsections 11(3) and (4) of the Controlled
Drugs and Substances Act are replaced by the following: Execution in Canada (3) A warrant issued under subsection (1) may be executed at any place in Canada. Any peace officer who executes the warrant must have authority to act as a peace officer in the place where it is executed. 2015, c. 16
An Act to amend the Criminal Code (exploitation and trafficking in persons) 386 Section 5 of An Act to amend the Criminal
Code (exploitation and trafficking in persons) is replaced by the following: Sections 1, 2 and 4 5 (1) Sections 1, 2 and 4 come into force on the
day on which a Bill entitled An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts, introduced in the 1st session of the 42nd Parliament, receives royal assent. Order in council (2) Section 3 comes into force on a day to be fixed by order of the Governor in Council.
Consequential Amendments R.S., c. C-34
Competition Act 2002, c. 16, s. 3
387 Subsection 30.18(3) of the Competition Act is replaced by the following:
Order (3) A peace officer who arrests a person in execution of a warrant issued under subsection (1) shall, without delay, bring the person or cause the person to be brought before the judge who issued the warrant or another judge of the
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same court who may, to ensure compliance with the order made under subsection 30.11(1) or 30.16(1), order that the person be detained in custody or issue a release order, as defined in section 2 of the Criminal Code, the form of which may be adapted to suit the circumstances. R.S., c. I-1
Identification of Criminals Act 1992, c. 47, s. 74(1); 1996, c. 7, s. 39
388 (1) Paragraph 2(1)(a) of the Identification of Criminals Act is amended by striking out “or” at the end of subparagraph (i), by adding “or” at the end of subparagraph (ii) and by adding the following after subparagraph (ii): (iii) an offence punishable on summary conviction
if that offence may also be prosecuted as an indictable offence described in subparagraph (i); (2) Paragraph 2(1)(c) of the Act is replaced by the following: (c) any person alleged to have committed an indictable offence, other than an offence that is designated as a contravention under the Contraventions Act in respect of which the Attorney General, within the meaning of that Act, has made an election under section 50 of that Act, who is required under subsection 500(3), 501(4) or 509(5) of the Criminal Code to appear for the purposes of this Act by an appearance notice, undertaking or summons; or R.S., c. P-1
Parliament of Canada Act 1991, c. 20, s. 1
389 Paragraph 19.7(3)(g) of the Parliament of
Canada Act is replaced by the following: (g) the confirmation of an appearance notice or undertaking under section 508. 1991, c. 20, s. 2
390 Paragraph 52.7(3)(g) of the Act is replaced by the following: (g) the confirmation of an appearance notice or undertaking under section 508.
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R.S., c. S-26
Supreme Court Act 391 Section 95 of the Supreme Court Act is replaced by the following:
Further powers of commissioners 95 Every commissioner for administering oaths in the Supreme Court, who resides within Canada, may take and receive acknowledgments and any kind of recognizance in the Court. 1985, c. 1 (2nd Supp.)
Customs Act 2001, c. 25, s. 84
392 Subsection 163.5(1) of the Customs Act is replaced by the following: Powers of designated officers 163.5 (1) In addition to the powers conferred on an officer for the enforcement of this Act, a designated officer who is at a customs office and is performing the normal duties of an officer or is acting in accordance with section 99.1 has, in relation to a criminal offence under any other Act of Parliament, the powers and obligations of a peace officer under sections 495 and 497 and paragraphs 498(1)(a) and (b) of the Criminal Code, and subsections 495(3) and 498(3) of that Act apply to the designated officer as if they were a peace officer.
1985, c. 30 (4th Supp.)
Mutual Legal Assistance in Criminal Matters Act 1999, c. 18, s. 114(2)
393 Subsection 23(3) of the Mutual Legal Assistance in Criminal Matters Act is replaced by the following:
Order (3) A peace officer who arrests a person in execution of a warrant issued under subsection (1) shall, without delay, bring the person or cause the person to be brought before the judge who issued the warrant or another judge of the same court who may, to ensure compliance with the order made under subsection 18(1) or section 22.2, order that the person be detained in custody or make a release order, as defined in section 2 of the Criminal Code, the form of which may be adapted to suit the circumstances.
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1992, c. 20
Corrections and Conditional Release Act 1995, c. 42, s. 44(7)
394 Subparagraph (b)(ii) of the definition sexual
offence involving a child in subsection 129(9) of the Corrections and Conditional Release Act is repealed. 395 Paragraph 1(i) of Schedule I to the Act is repealed. 1992, c. 47
Contraventions Act 396 The heading before section 53 of the Contraventions Act is replaced by the following:
Undertaking or Release Order 397 Subsections 50(4) and (5) of the Act are replaced by the following:
Contents of notice (4) A notice of election must have the contents required of a ticket by section 16 and state that, where a defendant entered into, was issued or was given, as the case may be, an undertaking, release order, summons or appearance notice, the requirement to attend court in accordance with a summons, appearance notice, undertaking or release order, the conditions in the undertaking or release order and the obligation to appear, for the purposes of the Identification of Criminals Act, as required by the summons, appearance notice or undertaking, as the case may be, cease to have effect.
Cessation of effect — conditions and obligations (5) The requirement to attend court in accordance with a
summons, appearance notice, undertaking or release order, the conditions in an undertaking or release order and the obligation to appear, for the purposes of the Identification of Criminals Act, as required by a summons, appearance notice or undertaking, as the case may be, that was entered into by, issued to or given to a defendant, cease to have effect on the defendant’s being notified of the election.
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1999, c. 25, s. 28
398 (1) Subsections 53(1) and (2) of the Act are
replaced by the following: Limit on conditions — payment of amount 53 (1) Despite subsections 501(3) and 515(2) of the
Criminal Code, an undertaking or a release order must not contain a condition that requires the defendant to pay, if they fail to attend court as required, an amount that exceeds the fine established in respect of the contravention under paragraph 8(1)(c). Limit on conditions — deposit of money or other security (2) Despite subsections 501(3) and 515(2) of the Criminal Code, an undertaking or a release order must not contain a condition that requires the defendant to deposit, if they fail to attend court as required, an amount of money or other valuable security in an amount or value that exceeds the fine established in respect of the contravention under paragraph 8(1)(c). 1996, c. 7, s. 32
(2) Subsections 53(3) and (4) of the English version of the Act are replaced by the following:
Money or other valuable security as fine deposit (3) If in a proceeding in respect of a contravention the defendant deposits an amount of money or other valuable security with a peace officer or a justice of the peace and the defendant is afterwards convicted in the proceeding, the money or valuable security shall (a) be applied on account of the fine and fees imposed; and (b) to the extent that its amount or value exceeds the
amount of the fine and fees imposed, be returned to the defendant. Return of money or other valuable security (4) If in a proceeding in respect of a contravention the defendant deposits an amount of money or other valuable security with a peace officer or a justice of the peace and the defendant is afterwards acquitted in the proceeding, the money or valuable security shall be returned to the defendant.
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2000, c. 24
Crimes Against Humanity and War Crimes Act 399 Subsection 20(2) of the Crimes Against Humanity and War Crimes Act is replaced by the following:
Evidence in specific cases (2) Evidence given under section 714.1, 714.2 or 714.3 of
the Criminal Code or subsection 46(2) of the Canada Evidence Act or evidence or a statement given under an order made under section 22.2 of the Mutual Legal Assistance in Criminal Matters Act, is deemed to be evidence given by a witness in a proceeding for the purpose of subsection (1). 2002, c. 29
Species at Risk Act 400 Paragraph 108(1)(e) of the Species at Risk Act is replaced by the following: (e) the person and the Attorney General have concluded an agreement respecting the alternative measures within 180 days after the person has, with respect to the offence, been served with a summons, been issued an appearance notice or a release order or entered into an undertaking;
Cannabis Act 400.1 Subsections 87(3) and (4) of the Cannabis
Act are replaced by the following: Execution of warrant (3) A warrant issued under subsection (1) may be executed at any place in Canada. Any peace officer who executes the warrant must have authority to act as a peace officer in the place where it is executed.
Coordinating Amendments Bill C-45
401 (1) Subsections (2) and (3) apply if Bill C-45, introduced in the 1st session of the 42nd Parliament and entitled the Cannabis Act (in this section referred to as the “other Act”), receives royal assent. (2) If section 211 of the other Act comes into force before section 178 of this Act, then that section 178 is repealed.
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(3) If section 211 of the other Act comes into force on the same day as section 178 of this Act, then that section 178 is deemed to have come into force before that section 211. Bill C-46
402 (1) Subsections (2) to (14) apply if Bill C-46,
introduced in the 1st session of the 42nd Parliament and entitled An Act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other Acts (in this section referred to as the “other Act”), receives royal assent. (2) On the first day on which both subsection 5(1) of the other Act and section 88 of this Act are in force, subsection 255(1) of the Criminal Code is replaced by the following:
Punishment 255 (1) Every person who commits an offence under
subsection 253(1), subparagraph 253(3)(a) or (c) or section 254 is guilty of (a) an indictable offence and liable to imprisonment
for a term of not more than five years and to a minimum punishment of, (i) for a first offence, a fine of $1,000, (ii) for a second offence, imprisonment for a term of 30 days, and (iii) for each subsequent offence, imprisonment for a term of 120 days; or (b) an offence punishable on summary conviction and
liable to a fine of not more than $5,000 or to imprisonment for a term of not more than two years less a day, or to both, and to a minimum punishment of, (i) for a first offence, a fine of $1,000, (ii) for a second offence, imprisonment for a term of 30 days, and (iii) for each subsequent offence, imprisonment for
a term of 120 days.
(3) On the first day on which both subsection 5(3) of the other Act and section 88 of this Act are in force, subsection 255(2.1) of the Criminal Code is replaced by the following:
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Blood concentration equal to or over legal limit — bodily harm (2.1) Every person who, while committing an offence under paragraph 253(1)(b) or 3(a) or (c), causes an accident resulting in bodily harm to another person is guilty of (a) an indictable offence and liable to imprisonment
for a term of not more than 10 years and to the minimum punishments set out in subparagraphs (1)(a)(i) to (iii); or (b) an offence punishable on summary conviction and
liable to the maximum and minimum punishments set out in paragraph (1)(b). (4) If subsection 7(1) of the other Act comes into force before section 89 of this Act, then subsection 89(3) of this Act is deemed never to have come into force and is repealed. (5) If subsection 7(1) of the other Act comes into force on the same day as section 89 of this Act, then subsection 89(3) of this Act is deemed to have come into force before that subsection 7(1). (6) If subsection 7(3) of the other Act comes into force before section 89 of this Act, then subsection 89(4) of this Act is deemed never to have come into force and is repealed. (7) If section 89 of this Act comes into force before subsection 7(3) of the other Act, then that subsection 7(3) is deemed never to have come into force and is repealed. (8) If subsection 7(3) of the other Act comes into force on the same day as section 89 of this Act, then subsection 89(4) of this Act is deemed never to have come into force and is repealed. (9) If sections 14 and 15 of the other Act come into
force before section 89 of this Act, then subsections 89(1) and (2) of this Act are deemed never to have come into force and are repealed. (10) If sections 14 and 15 of the other Act come into force on the same day as section 89 of this Act, then subsections 89(1) and (2) of this Act are deemed to have come into force before those sections 14 and 15. (11) If sections 14 and 15 of the other Act come into force before sections 85 to 88 of this Act, then
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on the day on which sections 85 to 88 come into force: (a) those sections 85 to 88 are deemed never to have come into force and are repealed; (b) subsection 320.19(1) of the Criminal Code is
replaced by the following: Punishment 320.19 (1) Every person who commits an offence under
subsection 320.14(1) or 320.15(1) is guilty of (a) an indictable offence and liable to imprisonment
for a term of not more than 10 years and to a minimum punishment of, (i) for a first offence, a fine of $1,000, (ii) for a second offence, imprisonment for a term of 30 days, and (iii) for each subsequent offence, imprisonment for
a term of 120 days; or (b) an offence punishable on summary conviction and
liable to a fine of not more than $5,000 or to imprisonment for a term of not more than two years less a day, or to both, and to a minimum punishment of, (i) for a first offence, a fine of $1,000, (ii) for a second offence, imprisonment for a term of 30 days, and (iii) for each subsequent offence, imprisonment for
a term of 120 days. (c) the portion of subsection 320.19(3) of the Criminal Code before paragraph (a) is replaced by the following:
Minimum fines for high blood alcohol concentrations (3) Despite subparagraphs (1)(a)(i) and (b)(i), every person who commits an offence under 320.14(1)(b) is liable, for a first offence, to
paragraph
(d) subsections 320.19(4) and (5) of the Criminal
Code are replaced by the following: Minimum fine — subsection 320.15(1) (4) Despite subparagraphs (1)(a)(i) and (b)(i), every person who commits an offence under subsection 320.15(1)
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is liable, for a first offence, to a fine of not less than $2,000. Punishment — dangerous operation and other offences (5) Every person who commits an offence under subsection 320.13(1) or 320.16(1), section 320.17 or subsection 320.18(1) is guilty of (a) an indictable offence and liable to imprisonment
for a term of not more than 10 years; or (b) an offence punishable on summary conviction. (e) section 320.2 of the Criminal Code is replaced by the following:
Punishment in case of bodily harm 320.2 Every person who commits an offence under subsection 320.13(2), 320.14(2), 320.15(2) or 320.16(2) is guilty of (a) an indictable offence and liable to imprisonment
for a term of not more than 14 years and to a minimum punishment of, (i) for a first offence, a fine of $1,000, (ii) for a second offence, imprisonment for a term of 30 days, and (iii) for each subsequent offence, imprisonment for
a term of 120 days; or (b) an offence punishable on summary conviction and
liable to a fine of not more than $5,000 or to imprisonment for a term of not more than two years less a day, or to both, and to the minimum punishments set out in subparagraphs (a)(i) to (iii).
(12) If sections 85 to 88 of this Act come into force before sections 14 and 15 of the other Act, then on the day on which those sections 14 and 15 come into force, paragraphs (11)(b) to (e) apply. (13) If sections 14 and 15 of the other Act come into force on the same day as sections 85 to 88 of this Act, then those sections 85 to 88 are deemed to have come into force before those sections 14 and 15 and subsection (12) applies as a consequence.
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(14) On the first day on which both section 22 of the other Act and section 280 of this Act are in force, subsection 680(1) of the Criminal Code is replaced by the following:
Review by court of appeal 680 (1) A decision made by a judge under section 522, a
decision made under subsections 524(3) to (5) with respect to an accused referred to in paragraph 524(1)(a) or a decision made by a judge of the court of appeal under section 320.25 or 679 may, on the direction of the chief justice or acting chief justice of the court of appeal, be reviewed by that court and that court may, if it does not confirm the decision, Bill C-51
403 (1) Subsections (2) to (27) apply if Bill C-51, introduced in the 1st session of the 42nd Parliament and entitled An Act to amend the Criminal Code and the Department of Justice Act and to make consequential amendments to another Act (in this section referred to as the “other Act”), receives royal assent. (2) If section 7 of this Act comes into force before section 3 of the other Act, then that section 3 is deemed never to have come into force and is repealed. (3) If section 7 of this Act comes into force on the
same day as section 3 of the other Act, then that section 3 is deemed to have come into force before that section 7. (4) If section 14 of this Act comes into force before section 5 of the other Act, then subsection 82(1) of the Criminal Code is replaced by the following: Possession of explosive 82 (1) Every person who, without lawful excuse, makes
or has in their possession or under their care or control any explosive substance is guilty of (a) an indictable offence and liable to imprisonment for a term of not more than five years; or (b) an offence punishable on summary conviction. (5) If section 5 of the other Act comes into force
on the same day as section 14 of this Act, then that section 5 is deemed to have come into force before that section 14.
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(6) If section 7 of the other Act comes into force
before section 38 of this Act, then subsection 38(2) of this Act is repealed. (7) If section 38 of this Act comes into force before section 7 of the other Act, then subsections 7(1) and (3) of the other Act are deemed never to have come into force and are repealed. (8) If section 7 of the other Act comes into force on the same day as section 38 of this Act, then that section 38 is deemed to have come into force before that section 7 and subsection (7) applies as a consequence. (9) If section 47 of this Act comes into force before section 9 of the other Act, then that section 9 is deemed never to have come into force and is repealed. (10) If section 47 of this Act comes into force on
the same day as section 9 of the other Act, then that section 9 is deemed to have come into force before that section 47. (10.1) On the first day on which both section 25 of
the other Act and section 73 of this Act are in force, paragraph 278.92(1)(a) of the Criminal Code is replaced by the following: (a) an offence under section 151, 152, 153, 153.1, 155,
160, 170, 171, 172, 173, 213, 271, 272, 273, 279.01, 279.011, 279.02, 279.03, 286.1, 286.2 or 286.3; or (11) If section 29 of the other Act comes into force before section 116 of this Act, then subsection 116(2) of this Act is repealed. (12) If section 116 of this Act comes into force before section 29 of the other Act, then subsections 29(1) and (3) of the other Act are deemed never to have come into force and are repealed. (13) If section 29 of the other Act comes into force
on the same day as section 116 of this Act, then that section 29 is deemed to have come into force before that section 116 and subsection (11) applies as a consequence. (14) If section 129 of this Act comes into force before section 38 of the other Act, then that section 38 is deemed never to have come into force and is repealed. (15) If section 129 of this Act comes into force on the same day as section 38 of the other Act, then
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that section 38 is deemed to have come into force before that section 129. (16) If subsection 157(1) of this Act comes into force before section 46 of the other Act and that section 46 comes into force before subsection 157(2) of this Act, then section 405 of the Criminal Code is replaced by the following:
Acknowledging instrument in false name 405 Every person who, without lawful authority or excuse, acknowledges, in the name of another person before a court or a judge or other person authorized to receive the acknowledgment, a recognizance of bail, confession of judgment, consent to judgment or judgment, deed or other instrument or act is guilty of (a) an indictable offence and liable to imprisonment
for a term of not more than five years; or (b) an offence punishable on summary conviction. (17) If subsection 157(2) of this Act comes into force before section 46 of the other Act, then section 405 of the Criminal Code is replaced by the following:
Acknowledging instrument in false name 405 Every person who, without lawful authority or excuse, acknowledges, in the name of another person before a court or a judge or other person authorized to receive the acknowledgment, a recognizance, undertaking, release order, confession of judgment, consent to judgment or judgment, deed or other instrument or act is guilty of (a) an indictable offence and liable to imprisonment for a term of not more than five years; or (b) an offence punishable on summary conviction. (18) If section 46 of the other Act comes into force on the same day as subsection 157(1) of this Act, then that section 46 is deemed to have come into force before that subsection 157(1). (19) If section 46 of the other Act comes into force on the same day as subsection 157(2) of this Act, then section 405 of the Criminal Code is replaced by the following:
Acknowledging instrument in false name 405 Every person who, without lawful authority or excuse, acknowledges, in the name of another person
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before a court or a judge or other person authorized to receive the acknowledgment, a recognizance, undertaking, release order, confession of judgment, consent to judgment or judgment, deed or other instrument or act is guilty of (a) an indictable offence and liable to imprisonment for a term of not more than five years; or (b) an offence punishable on summary conviction. (20) If section 48 of the other Act comes into force before section 158 of this Act, then subsection 158(2) of this Act is repealed. (21) If section 158 of this Act comes into force before section 48 of the other Act, then subsections 48(1) and (3) of the other Act are deemed never to have come into force and are repealed. (22) If section 48 of the other Act comes into force
on the same day as section 158 of this Act, then that section 48 is deemed to have come into force before that section 158 and subsection (20) applies as a consequence. (23) If section 175 of this Act comes into force before section 56 of the other Act, then that section 56 is deemed never to have come into force and is repealed. (24) If section 56 of the other Act comes into force on the same day as section 175 of this Act, then that section 56 is deemed to have come into force before that section 175. (25) If section 66 of the other Act comes into force before section 295 of this Act, then that section 295 is repealed. (26) If section 295 of this Act comes into force before section 66 of the other Act, then that section 66 is deemed never to have come into force and is repealed. (27) If section 66 of the other Act comes into force on the same day as section 295 of this Act, then that section 295 is deemed never to have come into force and is repealed. (28) If subsection 334(3) and section 337 of this Act come into force before subsections 69(1) and (2) and sections 70, 71 and 72 of the other Act, then those subsections 69(1) and (2) and sections 70, 71 and 72 are deemed never to have come into force and are repealed.
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(29) If subsection 69(1) and (2) and sections 70, 71 and 72 of the other Act come into force on the same day as subsection 334(3) and section 337 of this Act, then those subsections 69(1) and (2) and sections 70, 71 and 72 are deemed to have come into force before that subsection 334(3) and that section 337. Bill C-59
404 (1) Subsections (2) to (9) apply if Bill C-59, introduced in the 1st session of the 42nd Parliament and entitled the National Security Act, 2017 (in this section referred to as the “other Act”), receives royal assent. (2) If section 140 of the other Act comes into force
before subsection 1(1) of this Act, then paragraph 2.3(1)(f) of the Criminal Code, as enacted by section 2 of this Act, is replaced by the following: (f) proceedings under section 83.13, 83.14, 83.222,
83.223 or 83.3. (3) If subsection 1(1) of this Act comes into force
before section 140 of the other Act: (a) that section 140 is deemed never to have come into force and is repealed; (b) paragraph 2.3(1)(f) of the Criminal Code is
replaced by the following: (f) proceedings under section 83.13, 83.14, 83.222, 83.223 or 83.3. (4) If section 140 of the other Act comes into force
on the same day as subsection 1(1) of this Act, then that section 140 is deemed to have come into force before that subsection 1(1) and subsection (2) applies as a consequence. (5) If section 162 of the other Act comes into force before section 366 of this Act, then that section 366 is repealed. (6) If section 366 of this Act comes into force before section 162 of the other Act, then that section 162 is deemed never to have come into force and is repealed. (7) If section 162 of the other Act comes into force
on the same day as section 366 of this Act, then that section 366 is deemed never to have come into force and is repealed. (8) If section 368 of this Act comes into force before section 163 of the other Act, then that section
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163 is deemed never to have come into force and is repealed. (9) If section 368 of this Act comes into force on the same day as section 163 of the other Act, then that section 163 is deemed to have come into force before that section 368.
Coming into Force Thirtieth day after royal assent 405 Sections 278, 301 and 314 come into force on the 30th day after the day on which this Act receives royal assent.
Ninetieth day after royal assent 406 Subsections 1(1) and (2), sections 2 and 3,
subsection 4(1), sections 6 to 23, 25 to 29, 33 to 46, 48 to 50 and 52, subsection 55(2), sections 56 to 59, 61, 63, 64 to 69, 70 to 72, 74 to 76, 79 to 88, 90, 92 to 97, 103 to 110 and 112 to 156, subsection 157(1), sections 158 to 181 and 183 to 186, subsection 187(2), sections 188, 191 to 201, 203 to 208 and 216, subsection 225(2), sections 237 to 244, subsections 245(1) to (3), sections 246, 247, 250, 251, 252 and 253, subsections 254(1), (4) and (5) and 255(1), (2), (4) and (5), sections 256 to 259, subsection 260(1), sections 261 to 263, 265, 267 to 275 and 277, subsections 281(1) and (2), sections 282 to 286, 289 to 294, 298, 299, 302, 305 to 307, 315 to 319, 321, 322 and 329 to 333, subsections 334(1) and (2) and 336(1), sections 338 to 344, subsection 345(1), sections 346 and 347, subsections 348(1) and (2) and 349(1) and (2), sections 350 to 353, subsection 370(1), sections 376 to 379, 382 and 385, subsection 388(1) and sections 399 and 400.1 come into force on the 90th day after the day on which this Act receives royal assent.
One-hundred-and-eightieth day after royal assent 407 Subsection 1(3), sections 5, 24, 30 to 32, 47 and
91, subsection 157(2), section 182, subsection 187(1), sections 209 to 215, sections 217 to 224, subsections 225(1) and (3) to (7), sections 226 to 236, subsection 245(4), sections 248 and 249, subsections 254(2) and (3), 255(3) and 260(2), sections 264, 266, 276, 279 and 280, subsections 281(3) and (4), sections 287, 288, 295, 296, 297, 300, 303, 304, 308 to 313 and 323 to 328, subsection 334(3), section 335, subsection 336(2), section 337, subsections 345(2), 348(3) and 349(3), sections 361 to 369, subsection 370(2), sections 371 to 375, 380, 381 and 387, subsection 388(2) and sections 389 to 393, 396 to 398 and
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400 come into force on the 180th day after the day on which this Act receives royal assent.
Published under authority of the Speaker of the House of Commons 2015-2016-2017-2018-2019
Disponible sur le site Web de la Chambre des comm
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First Session, Forty-second Parliament, 64-65-66-67-68 Elizabeth II, 2015-2016-2017-2018-2019
STATUTES OF CANADA 2019
CHAPTER 19
An Act to amend the Mackenzie Valley Resource Management Act and the Canada Petroleum Resources Act and to make consequential amendments to other Acts
ASSENTED TO JUNE 21, 2019 BILL C-88
SUMMARY Part 1 of this enactment amends the Mackenzie Valley Resource Management Act to establish an administration and enforcement scheme in Part 5 of that Act that includes the issuance of development certificates. It also adds an administrative monetary penalty scheme and a cost recovery scheme, provides regulation-making powers for both schemes and for consultation with Aboriginal peoples and it allows the Minister to establish a committee to conduct regional studies. Finally, it repeals a number of provisions of the Northwest Territories Devolution Act that, among other things, restructure the regional panels of the Mackenzie Valley Land and Water Board, but that were not brought into force.
Part 2 of the enactment amends the Canada Petroleum Resources Act to allow the Governor in Council to prohibit certain works or activities on frontier lands if the Governor in Council considers that it is in the national interest to do so.
i
64-65-66-67-68 ELIZABETH II
CHAPTER 19
An Act to amend the Mackenzie Valley Resource Management Act and the Canada Petroleum Resources Act and to make consequential amendments to other Acts [Assented to 21st June, 2019] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
PART 1 1998, c. 25
Mackenzie Valley Resource Management Act Amendments to the Act 2014, c. 2, s. 116
1 Section 7.2 of the Mackenzie Valley Resource Management Act is replaced by the following:
Other requirements to be complied with 7.2 For greater certainty, nothing in this Act, the regulations or a licence or permit or development certificate or amended development certificate issued under this Act authorizes a person to contravene or fail to comply with any other Act or any regulation or order made under it, except as provided in that other Act, regulation or order.
2005, c. 1, s. 22
2 Section 15 of the Act is replaced by the following:
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Implementation of right of representation of other Aboriginal peoples 15 Despite any provision of this Act respecting members
of a board, if an Aboriginal people has a right under a land claim agreement to representation on that board in relation to a decision of the board that might affect an area used by that Aboriginal people that is outside the board’s area of jurisdiction, the board shall, in accordance with that land claim agreement, determine how to implement that right, so long as the number of members who are either nominated by a first nation, nominated or appointed by the Tlicho Government or appointed following consultation by the federal Minister with the first nations of the regions of the Mackenzie Valley outside the settlement areas and Wekeezhii, as the case may be, and who are temporarily appointed to implement that right remains equal to the number of other members not including the chairperson.
3 The Act is amended by adding the following before section 58:
Acting after expiry of term 57.3 (1) If the chairperson of a board is of the opinion that it is necessary for a member of that board to continue to act after the expiry of the member’s term in order for the board to make a decision in relation to the issuance, amendment, renewal or cancellation of a permit or licence, as the case may be, the chairperson may request in writing that the federal Minister authorize the member to act in relation to that matter until a decision is made. For the purpose of the appointment of a replacement, the office of the member is deemed to be vacant as soon as their term expires.
Request (2) The request shall be made at least two months before
the day on which the member’s term expires. Deemed acceptance (3) If the federal Minister neither accepts nor rejects the request within two months after the day on which it is made, the request is deemed to be accepted. 2014, c. 2, s. 141(1)
4 Section 67 of the Act is replaced by the following: Final decision 67 Subject to sections 32 and 72.13, subsections 125(1.2)
and (4) and any approval requirement under any territorial law with respect to the issuance, renewal,
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amendment or cancellation of a licence, every decision or order of a board is final and binding. 5 The Act is amended by adding the following after section 79.3:
Cost Recovery Obligation to pay 79.4 (1) The applicant or a licensee shall pay to the federal Minister the following amounts and costs relating to the consideration of an application for a licence or for the amendment, renewal or cancellation of a licence: (a) any amounts that are prescribed by the regulations
and that are related to the exercise of the powers and performance of the duties and functions of a board or of its members; (b) any costs incurred by a board for services that are
prescribed by the regulations and that are provided to it by a third party; and (c) any amounts that are prescribed by the regulations and that are related to the exercise of the powers and performance of the duties and functions of the federal Minister.
Debt due to Her Majesty (2) The amounts and costs that a person is to pay under subsection (1) constitute a debt due to Her Majesty in right of Canada and may be recovered as such in any court of competent jurisdiction.
2014, c. 2, s. 174(1)
6 Section 82 of the French version of the Act is replaced by the following:
Consultation des offices 82 Le ministre fédéral est tenu de consulter les offices en
ce qui touche les propositions de modification de la présente loi et la prise ou les propositions de modification de ses textes d’application. 2014, c. 2, s. 177; 2015, c. 24, s. 31
7 Subsections 85(4) to (6) of the Act are replaced
by the following: Notice (4) An inspector shall, if it is reasonable to do so, give
prior notice of their entry to
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(a) the Gwich’in or Sahtu First Nation, if the entry is
on its first nation lands; (b) the Tlicho Government, if the entry is on Tlicho
lands; or (c) the Déline Got’ine Government, if the entry is on
Déline lands. 8 The Act is amended by adding the following after section 90.3: Regulations respecting cost recovery 90.31 The Governor in Council may, following consultation by the federal Minister with first nations, the Tlicho Government, the territorial Minister and the boards, make regulations respecting the recovery of amounts and costs for the purposes of section 79.4, including prescribing the amounts and services for the purposes of that section and exempting any class of applicants or licensees from the application of that section.
Regulations respecting consultation 90.32 The Governor in Council may, following consultation by the federal Minister with first nations, the Tlicho Government, the territorial Minister and the boards, make regulations establishing requirements respecting any consultation that may be undertaken under this Part, whether or not it is expressly provided for, by any person or entity with a first nation, the Tlicho First Nation, the Tlicho Government or an Aboriginal people who uses an area outside the Mackenzie Valley, including the manner in which it is to be conducted, and providing for the delegation of certain procedural aspects of that consultation.
2014, c. 2, s. 194(2)
9 Subsection 96(4) of the Act is replaced by the following:
Reference to “licence” (4) For the purposes of this Part, a reference to “licence”
in section 90.3, in the regulations made under that section and in sections 72.02, 79.4 and 92.02 to 92.04 includes a licence as defined in subsection (1).
2005, c. 1, s. 56
10 Subsection 99(3) of the Act is replaced by the
following:
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Applicable provisions (3) For greater certainty, the provisions of Part 1 respecting the appointment, term of office and removal from office of members of a board and respecting the chairperson of a board, and the provisions of Part 3 respecting the appointment of members of a board, the quorum of a board, its main office and members acting after the expiry of their term, continue to apply to a regional panel. 11 The Act is amended by adding the following after section 104:
Acting after expiry of term 105 (1) If the chairperson of the Board is of the opinion that it is necessary for a member of the Board to continue to act after the expiry of that member’s term in order for the Board to make a decision in relation to the issuance, amendment, renewal or cancellation of a permit or licence, as the case may be, the chairperson may request in writing that the federal Minister authorize the member to act in relation to that matter until a decision is made. For the purpose of the appointment of a replacement, the office of the member is deemed to be vacant as soon as their term expires.
Request (2) The request shall be made at least two months before the day on which the member’s term expires.
Deemed acceptance (3) If the federal Minister neither accepts nor rejects the request within two months after the day on which it is made, the request is deemed to be accepted. 12 The Act is amended by adding the following after section 109.2:
Cost Recovery Regulations apply 109.3 Regulations made under section 90.31 apply to the recovery of amounts and costs relating to the consideration of an application for a licence issued by the Board or for the amendment, renewal or cancellation of a licence as if a reference to “licence” in those regulations were a reference to a licence as defined in subsection 96(1).
Consultations Regulations apply 109.4 Regulations made under section 90.32 apply to
any consultation that is undertaken by any person or
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entity in relation to the issuance, amendment, renewal, suspension or cancellation of a licence, permit or other authorization by the Board as if a reference to “licence” or “permit” in those regulations were a reference to a licence or permit as defined in subsection 96(1).
2014, c. 2, s. 199
13 Section 111.1 of the Act is replaced by the following: Federal Minister — powers, duties and functions 111.1 The federal Minister shall exercise the powers and perform the duties and functions of any responsible minister who is a minister of the Crown in right of Canada for the purposes of subsections 130(1) to (3), sections 131.2, 135 and 137.2 and subsection 142.21(10). 14 The Act is amended by adding the following after section 113:
Acting after expiry of term 113.1 (1) If the chairperson of the Review Board is of the opinion that it is necessary for a member of the Review Board to continue to act after the expiry of that member’s term in relation to an environmental assessment, an environment impact review or an examination of impact on the environment that stands in lieu of an environmental impact review, as the case may be, of a proposal for a development, the chairperson may request in writing that the federal Minister authorize the member to act in relation to that proposal until the requirements of this Part in relation to that environmental assessment, environmental impact review or examination have been fulfilled. For the purpose of the appointment of a replacement, the office of the member is deemed to be vacant as soon as their term expires.
Request (2) The request shall be made at least two months before the day on which the member’s term expires.
Deemed acceptance (3) If the federal Minister neither accepts nor rejects the request within two months after the day on which it is made, the request is deemed to be accepted. 15 The Act is amended by adding the following after section 117:
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Prohibition — person or body carrying out development 117.1 (1) The person or body that proposes to carry out a development shall not carry it out, in whole or in part, unless (a) subject to subsection (2), the person or body receives a notice under subsection 124(1.1) in respect of the development; (b) subject to subsection (2), the development is exempted from preliminary screening under subsection 124(2); (c) subject to subsection (2), the person or body receives a copy of a report under subsection 125(6) stating that the development will not be a cause of public concern and either will not have a significant adverse impact on the environment or, in the case of a proposed development that is wholly within the boundaries of a local government, is unlikely to have a significant adverse impact on air, water or renewable resources; (d) in the case of a proposal for a development that is the subject of an environmental assessment under section 126, the person or body carries it out in accordance with the conditions included in a development certificate issued under section 131.3, or an amended development certificate issued under subsection 142.21(17), with respect to that development; or (e) in the case of a proposal for a development that is the subject of an environmental impact review under section 132, or an examination under section 138, 140 or 141, the person or body carries it out in accordance with the conditions included in a development certificate issued under section 137.4, or an amended development certificate issued under subsection 142.21(17), with respect to that development.
No contravention (2) A person or body may carry out a development, in whole or in part, if it is carried out within the period (a) starting on the day on which (i) the person or body receives a notice under subsection 124(1.1) with respect to the development, (ii) the development is exempted from preliminary
screening under subsection 124(2), or (iii) the person or body receives a copy of a report
under subsection 125(6) containing the conclusions
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set out in paragraph (1)(c) with respect to the development; and (b) ending on the day on which that person or body
receives notice of a referral to an environmental assessment under subsection 126(5). Exception (3) Subsection (1) does not apply if section 119 applies.
16 Section 124 of the Act is amended by adding the following after subsection (1):
Notice of exemption (1.1) If the development is exempted from preliminary
screening for a reason referred to in paragraph (1)(a) or (b), the regulatory authority or designated regulatory agency shall so notify the person or body that proposes to carry out the development in writing. 17 (1) Section 125 of the Act is amended by
adding the following after subsection (1):
Delay (1.1) If the body determines under subsection (1) that
the development will not have a significant adverse impact on the environment and will not be a cause of public concern, (a) a regulatory authority, a designated regulatory
agency or the Tlicho Government shall not issue a licence, permit or other authorization for the development before the end of 10 days after the day on which the Review Board receives the report of the determination; or (b) if no licence, permit or other authorization is required under any federal, territorial or Tlicho law for the development, the person or body that proposes to carry it out shall not proceed before the end of 10 days after the day on which the Review Board receives the report of the determination. Boards established under Part 3 or 4 (1.2) If a board established under Part 3 or 4 is the body
that determines under subsection (1) that the development will not have a significant adverse impact on the environment and will not be a cause of public concern, that board may issue a licence, permit or other authorization for the development before the end of 10 days after the day on which the Review Board receives the report of the determination but that licence, permit or other authorization shall come into force only after the end of
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that 10-day period and if no referral under subsection 126(2) or (3) has been made during that period.
Computation of time (1.3) If more than one body conducts a preliminary
screening in respect of a development and they each determine that the development will not have a significant adverse impact on the environment and will not be a cause of public concern, the 10-day period referred to in subsections (1.1) and (1.2) begins after the day on which the Review Board receives the last of their reports of determination. (2) Section 125 of the Act is amended by adding
the following after subsection (2): Delay (3) If a body determines under subsection (2) that the development is unlikely to have a significant adverse impact on air, water or renewable resources and will not be a cause of public concern, (a) a regulatory authority, a designated regulatory
agency or the Tlicho Government shall not issue a licence, permit or other authorization for the development before the end of 10 days after the day on which the Review Board receives the report of the determination; or (b) if no licence, permit or other authorization is required under any federal, territorial or Tlicho law for the development, the person or body that proposes to carry it out shall not proceed before the end of 10 days after the day on which the Review Board receives the report of the determination.
Boards established under Part 3 or 4 (4) If a board established under Part 3 or 4 is the body
that determines under subsection (2) that the development is unlikely to have a significant adverse impact on air, water or renewable resources and will not be a cause of public concern, that board may issue a licence, permit or other authorization for the development before the end of 10 days after the day on which the Review Board receives the report of the determination but that licence, permit or other authorization shall come into force only after the end of that 10-day period and if no referral under subsection 126(2) or (3) has been made during that period.
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Computation of time (5) If more than one body conducts a preliminary
screening in respect of a development and they each determine that the development is unlikely to have a significant adverse impact on air, water or renewable resources and will not be a cause of public concern, the 10-day period referred to in subsections (3) and (4) begins after the day on which the Review Board receives the last of their reports of determination. Copy of report (6) A body that conducts a preliminary screening of a
proposal shall provide a copy of its report to the person or body that proposes to carry out the development. 2005, c. 1, s. 79
18 Section 129 of the Act is repealed. 2005, c. 1, s. 80(2); 2014, c. 2, s. 208(4)(F)
19 Subsection 130(5) of the Act is replaced by the following:
Effect of decision (5) The federal Minister and responsible ministers shall carry out a decision made under this section to the extent of their respective authorities. In addition, a first nation, local government, regulatory authority or department or agency of the federal or territorial government affected by a decision made under this section shall act in conformity with the decision — including by implementing the conditions set out in a development certificate issued under section 131.3, or an amended development certificate issued under subsection 142.21(17), in relation to the proposed development — to the extent of their respective authorities. 20 Section 131 of the Act is amended by adding
the following after subsection (1.6):
Provision of decision (1.7) The designated regulatory agency shall provide a
decision made under subsection (1) to the Review Board. 21 Section 131.1 of the Act is amended by adding the following after subsection (1):
Provision of decision (1.1) The Tlicho Government shall provide a decision
made under subsection (1) to the Review Board. 22 The Act is amended by adding the following after section 131.2:
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Development certificate 131.3 (1) The Review Board shall issue a development
certificate to the person or body that proposes to carry out the development if (a) the Review Board has made a determination under paragraph 128(1)(a) relating to that development and neither an order nor a referral is made under either paragraph 130(1)(a) or (c) relating to that development within 10 days after the day on which the Review Board receives confirmation that the federal Minister received its report relating to that determination made under subsection 128(2); or (b) the federal Minister and the responsible ministers
adopt, under paragraph 130(1)(b), with or without modifications, the Review Board’s recommendation made under subparagraph 128(1)(b)(ii) and neither the designated regulatory agency nor the Tlicho Government rejects that recommendation under paragraph 131(1)(b) or 131.1(1)(b), respectively. Content of certificate (2) A development certificate shall indicate that the environmental assessment of the development has been completed and that the person or body that proposes to carry out the development may carry it out if they comply with the conditions set out in the certificate, obtain any licence, permit or other authorization required under any Act of Parliament or any territorial law or Tlicho law and comply with any other requirements set out in such an Act or law. Conditions (3) A development certificate issued under paragraph
(1)(b) shall set out the conditions that the person or body that proposes to carry out the development is to comply with, namely, the implementation of the following measures: (a) if the federal Minister and the responsible ministers agree to adopt, without modifications, a recommendation made under subparagraph 128(1)(b)(ii), the measures that are to be implemented, in whole or in part, by that person or body as specified in the recommendation; or (b) if the federal Minister and the responsible ministers agree to adopt a recommendation made under subparagraph 128(1)(b)(ii) with modifications, the measures that are to be implemented, in whole or in part, by that person or body as specified by those ministers in their decision made under subparagraph 130(1)(b)(ii).
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Time limit (4) A development certificate shall be issued, (a) in the case of paragraph (1)(a), within 20 days after the expiry of the 10-day time limit set out in that paragraph; or (b) in the case of paragraph (1)(b), within 30 days after the first day on which the Review Board has received all applicable decisions. Extension of time limit (5) The federal Minister may, at the request of the Review Board, extend the time limit referred to in subsection (4) by a maximum of 45 days to take into account circumstances that are specific to the proposal.
Provision of certificate (6) The Review Board shall provide a copy of the development certificate to the federal Minister and to every first nation, local government, regulatory authority and department and agency referred to in subsection 130(4). Statutory Instruments Act (7) Development certificates are not statutory instruments for the purposes of the Statutory Instruments Act. Duty — regulatory authorities 131.4 Each regulatory authority shall, to the extent of its authority to do so, incorporate the conditions referred to in subsection 131.3(3) into any licence, permit or other authorization that it issues, amends or renews.
23 (1) Subsection 136(1) of the Act is replaced by the following:
Distribution of decision 136 (1) The federal Minister shall distribute a decision
made under section 135 to the Review Board and to every first nation, local government, regulatory authority and department or agency of the territorial or federal government affected by the decision. 2005, c. 1, s. 85; 2014, c. 2, s. 214(3)(F)
(2) Subsection 136(2) of the Act is replaced by the
following: Effect of decision (2) The federal Minister and responsible ministers shall carry out a decision made under section 135 to the extent of their respective authorities. In addition, a first nation, local government, regulatory authority or department or agency of the federal or territorial government affected
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by a decision made under that section shall act in conformity with the decision — including by implementing the conditions set out in a development certificate issued under section 137.4, or an amended development certificate issued under subsection 142.21(17), in relation to the proposed development — to the extent of their respective authorities. 24 Section 137 of the Act is amended by adding the following after subsection (2):
Provision of decision (2.1) The designated regulatory agency shall provide a
decision made under subsection (1) to the Review Board. 25 Section 137.1 of the Act is amended by adding the following after subsection (2):
Provision of decision (2.1) The Tlicho Government shall provide a decision
made under subsection (1) to the Review Board. 26 The Act is amended by adding the following after section 137.3:
Development certificate 137.4 (1) The Review Board shall issue a development
certificate to the person or body that proposes to carry out the development if (a) the federal Minister and the responsible ministers
adopt, under subsection 135(1), with or without modifications, the review panel’s recommendation, set out in the report made under subsection 134(2), that the proposal for the development be approved, with or without mitigative or remedial measures or a followup program, and neither the designated regulatory agency nor the Tlicho Government rejects that recommendation under paragraph 137(1)(b) or 137.1(1)(b), respectively; or (b) the federal Minister and the responsible ministers
reject, under subsection 135(1), the review panel’s recommendation, set out in the report made under subsection 134(2), that the proposal for the development be rejected and, if applicable, the designated regulatory agency and the Tlicho Government reject that recommendation under paragraph 137(1)(b) or 137.1(1)(b), respectively. Content of certificate (2) A development certificate shall indicate that the environmental impact review of the development has been completed and that the person or body that proposes to
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carry out the development may carry it out if they comply with the conditions set out in the certificate, obtain any licence, permit or other authorization required under any Act of Parliament or any territorial law or Tlicho law and comply with any other requirements set out in such an Act or law. Conditions (3) A development certificate shall set out the conditions
that the person or body that proposes to carry out the development is to comply with, namely, the implementation of the following measures or programs: (a) if the federal Minister and the responsible ministers agree to adopt, without modifications, a recommendation made under subsection 134(2) to approve the proposal for the development with mitigative or remedial measures or a follow-up program, the measures or the program that is to be implemented, in whole or in part, by that person or body as specified in the recommendation; (b) if the federal Minister and the responsible ministers agree to adopt, with modifications, a recommendation made under subsection 134(2) to approve the proposal for the development with mitigative or remedial measures or a follow-up program, the measures or the program that is to be implemented, in whole or in part, by that person or body as specified by those ministers in their decision made under paragraph 135(1)(b); (c) if the federal Minister and the responsible ministers agree to adopt, with modifications, a recommendation made under subsection 134(2) to approve the proposal for the development without mitigative or remedial measures or a follow-up program, the measures or the program that is to be implemented, in whole or in part, by that person or body as specified by those ministers in their decision made under paragraph 135(1)(b); or (d) if the federal Minister and the responsible ministers agree to reject a recommendation made under subsection 134(2) to reject the proposal for the development, the mitigative or remedial measures or the follow-up program that is to be implemented, in whole or in part, by that person or body as specified by those ministers in their decision made under paragraph 135(1)(b). Time limit (4) A development certificate shall be issued within 30 days after the first day on which the Review Board has received all applicable decisions.
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Extension of time limit (5) The federal Minister may, at the request of the Review Board, extend the time limit referred to in subsection (4) by a maximum of 45 days to take into account circumstances that are specific to the proposal.
Provision of certificate (6) The Review Board shall provide a copy of the development certificate to the federal Minister and to every first nation, local government, regulatory authority and department and agency referred to in subsection 136(2). Statutory Instruments Act (7) Development certificates are not statutory instruments for the purposes of the Statutory Instruments Act.
Duty — regulatory authorities 137.5 Each regulatory authority shall, to the extent of its
authority to do so, incorporate the conditions referred to in subsection 137.4(3) into any licence, permit or other authorization that it issues, amends or renews.
2005, c. 1, s. 87
27 Subsection 138(2) of the Act is replaced by the following:
Provisions applicable (2) An examination by a review panel referred to in subsection (1) stands in lieu of an environmental impact review of the proposal and paragraphs 134(1)(b), (d) and (e) and sections 135 to 137.2 and 137.4 apply, with any modifications that are required, in respect of the examination, except that a recommendation of a panel shall not be referred back to the panel for further consideration. 2005, c. 1, s. 88
28 Subsection 140(4) of the Act is replaced by the following:
Provisions applicable (4) An examination by a joint panel established under
subsection (2) stands in lieu of an environmental impact review of the proposal and paragraphs 134(1)(b), (d) and (e) and sections 135 to 137.2 and 137.4 apply, with any modifications that are required, in respect of the examination, except that a recommendation of a panel shall not be referred back to the panel for further consideration. 2005, c. 1, s. 89(2)
29 Subsection 141(6) of the Act is replaced by the
following:
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Provisions applicable (6) An examination by a review panel or joint panel referred to in subsection (2) or (3) stands in lieu of an environmental impact review of the proposal referred to in that subsection and paragraphs 134(1)(b), (d) and (e) and sections 135 to 137.2 and 137.4 apply, with any modifications that are required, in respect of the examination, except that a recommendation of a panel shall not be referred back to the panel for further consideration. 30 The Act is amended by adding the following after section 142:
Cost Recovery Obligation to pay 142.01 (1) The person or body that proposes to carry out the development shall pay to the federal Minister the following amounts and costs relating to an environmental assessment, an environmental impact review or an examination — carried out by a review panel, or a joint panel, established jointly by the Review Board and any other person or body — that stands in lieu of an environmental impact review: (a) any amounts that are prescribed by the regulations
and that are related to the exercise of the powers and performance of the duties and functions of the Review Board or its members or of members of the Review Board’s review panels or of a review panel or a joint panel; (b) any costs incurred by the Review Board for services that are prescribed by the regulations and that are provided to it by a third party; and (c) any amounts that are prescribed by the regulations
and that are related to the exercise of the powers and performance of the duties and functions of the federal Minister. Scope (2) For the purposes of subsection (1), the services, powers, duties or functions described in that subsection are limited to those provided, exercised or performed (a) during the period that begins when a proposed development is referred to the Review Board under section 125, or when a person or body that proposes to carry out a development is given notice under subsection 126(5), and ends when a copy of the final decision under the process set out in this Part is issued to that person or body; or
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(b) during any period prescribed by the regulations
that is within the period referred to in paragraph (a). Debt due to Her Majesty (3) The amounts and costs that a person or body that proposes to carry out a development is to pay under subsection (1) constitute a debt due to Her Majesty in right of Canada and may be recovered as such in any court of competent jurisdiction. 31 The Act is amended by adding the following after section 142.2:
Amendment of Certificate Examination 142.21 (1) With the approval of the federal Minister, the Review Board may, on its own initiative or at the request of the person or body to which a development certificate was issued under section 131.3 or 137.4 or any interested person, examine the conditions of that certificate if (a) the conditions are not achieving their intended
purpose or are having effects that are significantly different from those anticipated at the time the certificate was issued; (b) the circumstances relating to the development are significantly different from those anticipated at the time the certificate was issued; or (c) technological developments or new information
provides a more efficient method of achieving the intended purpose of the conditions. Minister’s initiative (2) The Review Board shall examine the conditions set
out in a development certificate that it has issued if the federal Minister is of the opinion that any of paragraphs (1)(a) to (c) applies and so advises the Review Board. Notice (3) The Review Board shall notify the person or body and the federal Minister in writing of an examination undertaken under subsection (1) or the person or body of an examination undertaken under subsection (2).
Conduct of examination (4) The Review Board may conduct its examination of
the conditions in the manner that it considers appropriate in the circumstances.
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Report (5) Within five months after the day on which the federal Minister gives the Review Board his or her approval under subsection (1) or advises the Review Board of his or her opinion under subsection (2), the Review Board shall submit a written report to the federal Minister that contains (a) an assessment of the conditions in force; and (b) its recommendations as to the conditions that should apply in respect of the development.
Extension of time limit by federal Minister (6) The federal Minister may, at the request of the Review Board, extend the time limit referred to in subsection (5) by a maximum of two months to take into account circumstances that are specific to the development.
Extension of time limit by Governor in Council (7) The Governor in Council may, on the recommendation of the federal Minister, further extend the time limit extended under subsection (6) any number of times.
Excluded period (8) If the Review Board requires the person or body to which the development certificate in question was issued to provide information, or collect information or undertake a study with respect to the development, then the period that is taken by that person or body, in the Review Board’s opinion, to comply with the requirement is not included in the calculation of the time limit or of its extension.
Report to ministers (9) The federal Minister shall distribute the Review Board’s report to every responsible minister.
Ministers’ decision (10) The federal Minister and the responsible ministers may agree, in respect of each recommendation in that report, either to (a) accept it; (b) refer it back to the Review Board for further consideration; or (c) after consulting the Review Board, adopt it with modifications.
Distribution of decision (11) The federal Minister shall distribute a decision made under subsection (10) to the Review Board and to
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every first nation, local government, regulatory authority and department and agency of the federal or territorial government affected by the decision. Time limits (12) The federal Minister shall distribute a decision
made under this section within three months after the day on which the federal Minister receives the Review Board’s report under subsection (5). Extension of time limit by federal Minister (13) The federal Minister may extend the time limit referred to in subsection (12) by a maximum of two months to take into account circumstances that are specific to the development. Extension of time limit by Governor in Council (14) The Governor in Council may, on the recommendation of the federal Minister, further extend the time limit extended under subsection (13) any number of times.
Time limit — further consideration (15) If a recommendation is referred back to the Review
Board for further consideration under paragraph (10)(b), the time taken for that referral and consideration is included in the calculation of the time limit set out in subsection (12) or of its extension. Excluded period (16) If the federal Minister or the Review Board requires the person or body to which the development certificate in question was issued to provide information, or collect information or undertake a study with respect to the development, then the period that is taken by that person or body, in the federal Minister’s or the Review Board’s opinion, as the case may be, to comply with the requirement is not included in the calculation of the time limit under subsection (12) or of its extension.
Amended development certificate (17) Within 30 days after the day on which the Review Board receives the decision under subsection (10), it shall issue an amended development certificate that sets out the conditions contained in that decision.
Application (18) Subsections 131.3(2), (6) and (7) or subsections
137.4(2), (6) and (7) apply, as the case may be, to an amended development certificate.
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Duty — regulatory authorities 142.22 Each regulatory authority shall, to the extent of
its authority to do so, incorporate the conditions referred to in subsection 142.21(17) into any licence, permit or other authorization that it issues, amends or renews.
Developments not Carried Out Development certificate not valid 142.23 (1) A development certificate issued under section 131.3 or 137.4 ceases to be valid five years after the day on which it is issued, if the proposed development for which the certificate is issued is not commenced within those five years.
Amended development certificate not valid (2) An amended development certificate issued under
subsection 142.21(17) ceases to be valid five years after the day on which the certificate in relation to that development is issued under section 131.3 or 137.4, as the case may be, if the proposed development for which the certificate is issued is not commenced within those five years. Prohibition (3) It is prohibited to carry out a proposed development,
in whole or in part, if the development certificate or amended development certificate issued in relation to it has ceased to be valid. New environmental assessment (4) If a development certificate or amended development certificate has ceased to be valid, the person or body that proposes to carry out the development may make a request to the Review Board that it conduct a new environmental assessment of the proposed development and, in that case, the proposal is deemed to be referred to the Review Board under section 125.
Consideration of previous assessment activities (5) In conducting the new environmental assessment,
the Review Board shall consider, and may rely on, any assessment activities previously carried out under this Part in respect of the proposed development.
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Administration and Enforcement Designation Designation 142.24 The federal Minister may designate any qualified person, or a class of qualified persons, as an inspector to exercise powers relating to verifying compliance or preventing non-compliance with this Part and orders made under section 142.29.
Powers Authority to enter 142.25 (1) An inspector may, for the purpose of verifying compliance or preventing non-compliance with this Part or orders made under section 142.29, enter a place in which they have reasonable grounds to believe that a development is being carried out or a document or any thing relating to a development is located.
Powers on entry (2) The inspector may, for the purposes referred to in
subsection (1), (a) examine anything in the place; (b) use any means of communication in the place or
cause it to be used; (c) use any computer system in the place or cause it to
be used to examine data contained in or available to that system; (d) prepare a document or cause one to be prepared
based on the data; (e) use any copying equipment in the place or cause it to be used; (f) remove anything from the place for examination or
copying; (g) take photographs and make recordings or sketches; (h) order the owner or person in charge of the place or
any person at the place to establish their identity to the inspector’s satisfaction or to stop or start an activity;
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(i) order the owner or person having possession, care
or control of anything in the place to not move it or to restrict its movement for as long as, in the inspector’s opinion, is necessary; (j) direct any person to put any machinery, vehicle or equipment in the place into operation or to cease operating it; and (k) prohibit or limit access to all or part of the place.
Certificate (3) The federal Minister shall provide every inspector
with a certificate of designation. On entering any place, the inspector shall, if so requested, produce the certificate to the occupant or person in charge of the place. Duty to assist (4) The owner or person in charge of the place and every
person in it shall give all assistance that is reasonably required to enable the inspector to verify compliance or prevent non-compliance with this Part or orders made under section 142.29 and shall provide any documents, data or information that are reasonably required for that purpose. Notice (5) An inspector shall, if it is reasonable to do so, give
prior notice of their entry to (a) the Gwich’in or Sahtu First Nation, if the entry is on its first nation lands; (b) the Tlicho Government, if the entry is on Tlicho
lands. Warrant for dwelling-house 142.26 (1) If the place referred to in subsection 142.25(1) is a dwelling-house, the inspector may only enter it with the occupant’s consent or under the authority of a warrant issued under subsection (2).
Authority to issue warrant (2) On ex parte application, a justice of the peace may issue a warrant authorizing the inspector who is named in it to enter a dwelling-house, subject to any conditions specified in the warrant, if the justice of the peace is satisfied by information on oath that (a) the dwelling-house is a place referred to in subsection 142.25(1); (b) entry to the dwelling-house is necessary for the purpose of verifying compliance or preventing
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non-compliance with this Part or orders made under section 142.29; and (c) entry was refused by the occupant or there are reasonable grounds to believe that entry will be refused or that consent to entry cannot be obtained from the occupant.
Entering private property 142.27 (1) For the purpose of gaining entry to a place
referred to in subsection 142.25(1), an inspector may enter and pass through private property. For greater certainty, no person has a right to object to that use of the property and no warrant is required for the entry, unless the property is a dwelling-house. Person accompanying inspector (2) A person may, at the inspector’s request, accompany the inspector to assist them in gaining entry to the place referred to in subsection 142.25(1) and is not liable for doing so.
Use of force 142.28 In executing a warrant to enter a dwellinghouse, an inspector is not permitted to use force unless the use of force has been specifically authorized in the warrant and the inspector is accompanied by a peace officer.
Orders Measures required 142.29 (1) If an inspector has reasonable grounds to
believe that there is a contravention of this Part, they may, among other things, order a person to (a) stop doing something that is in contravention of this Part or cause it to be stopped; or (b) take any measure that is necessary in order for the
person to comply with this Part or to mitigate the effects of the contravention. Notice (2) The order shall be provided in the form of a written notice and shall include (a) a statement of the reasons for the order; and (b) the time and manner in which the order is to be
carried out.
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Measures taken by inspector 142.3 (1) If a person does not comply with an order
made under section 142.29 within the time specified, the inspector may, on their own initiative, take the measures specified in the order. Recovery of Her Majesty’s costs (2) Any portion of the reasonable costs incurred by Her Majesty in right of Canada in the taking of measures under subsection (1) constitutes a debt due to Her Majesty recoverable from the person in a court of competent jurisdiction.
Coordination Activities — inspectors 142.31 An inspector shall coordinate their activities
with those of any inspector designated under Part 3 and any person designated for the purposes of verifying compliance or preventing non-compliance with any other Act of Parliament or territorial law so as to ensure efficiency and avoid duplication. 32 (1) Subsection 143(1) of the Act is amended by striking out “and” at the end of paragraph (f) and by adding the following after paragraph (g): (h) respecting the recovery of amounts and costs for the purposes of section 142.01, including prescribing the amounts, services and period for the purposes of that section and exempting any class of person or body that proposes to carry out the development from the application of that section; and (i) establishing requirements respecting any consultation that may be undertaken under this Part, whether or not it is expressly provided for, with a first nation, the Tlicho First Nation, the Tlicho Government or an Aboriginal people who uses an area outside the Mackenzie Valley, including the manner in which it is to be conducted, and providing for the delegation of certain procedural aspects of that consultation.
2005, c. 1, s. 90(3)
(2) Subsection 143(2) of the Act is replaced by the
following: Consultation with Review Board (2) Regulations may only be made under any of paragraphs (1)(a) and (d) to (i), and regulations made under paragraph (1)(b) or (c) may only be amended, following consultation by the federal Minister with the Review Board.
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Consultation with boards established under Parts 3 and 4 (2.1) In addition, the federal Minister shall consult the
boards established under Parts 3 and 4 before making or amending any regulations under paragraph (1)(i) that relate to any consultation undertaken by one of those boards in relation to a preliminary screening.
33 The Act is amended by adding the following
after section 143: Incorporation by reference — limitation removed 143.1 The limitation set out in paragraph 18.1(2)(a) of
the Statutory Instruments Act to the effect that a document must be incorporated as it exists on a particular date does not apply to the powers to make regulations under this Part. 34 The Act is amended by adding the following after section 144:
Prohibitions, Offences and Punishment Obstruction 144.01 It is prohibited to knowingly obstruct or hinder an inspector who is exercising their powers or performing their duties and functions under this Part.
False statements or information 144.02 It is prohibited to knowingly make a false or misleading statement or knowingly provide false or misleading information in connection with any matter under this Part to any person who is exercising their powers or performing their duties and functions under this Part.
Offence 144.03 (1) Every person or body that proposes to carry out a development and that contravenes section 117.1 and every person who contravenes subsection 142.23(3) or an order made under subsection 142.29(1) is guilty of an offence and is liable on summary conviction (a) for a first offence, to a fine not exceeding $250,000
or to imprisonment for a term not exceeding one year, or to both; and (b) for a second or subsequent offence, to a fine not
exceeding $500,000 or to imprisonment for a term not exceeding one year, or to both.
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Obstruction or false statements or information (2) Every person who contravenes section 144.01 or
144.02 is guilty of an offence and is liable on summary conviction to a fine not exceeding $250,000 or to imprisonment for a term not exceeding one year, or to both.
Continuing offences (3) An offence under subsection (1) that is committed or
continued on more than one day constitutes a separate offence for each day on which it is committed or continued. Due diligence defence (4) No one is to be convicted of an offence under subsection (1) if they establish that they exercised due diligence to prevent the commission of the offence.
Limitation period or prescription 144.04 No proceedings in respect of an offence under
this Part are to be instituted more than five years after the day on which the federal Minister becomes aware of the acts or omissions that constitute the alleged offence. Admissibility of evidence 144.05 (1) In proceedings for an offence under this
Part, a certificate, report or other document of the federal Minister, the Review Board, a regulatory authority, a designated regulatory agency or an inspector that is purported to have been signed by that person, board or authority is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and, in the absence of evidence to the contrary, is proof of the matters asserted in it. Copies and extracts (2) In proceedings for an offence under this Part, a copy
of or an extract from any document that is made by the federal Minister, the Review Board, a regulatory authority, a designated regulatory agency or an inspector that appears to have been certified under the signature of that person, board or authority as a true copy or extract is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and, in the absence of evidence to the contrary, has the same probative force as the original would have if it were proved in the ordinary way. Presumed date of issue (3) A document referred to in this section is, in the absence of evidence to the contrary, presumed to have been issued on the date that it bears.
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Notice (4) No document referred to in this section is to be received in evidence unless the party intending to produce it has provided reasonable notice of that intention to the party against whom it is intended to be produced together with a copy of the document. 35 The Act is amended by adding the following before Part 6:
PART 5.1
Administrative Monetary Penalties Interpretation Definitions 144.1 The following definitions apply in this Part.
board has the same meaning as in section 51 or subsection 96(1), as the case may be. (office) inspector means a person designated as an inspector under section 84 or 142.24. (inspecteur) management area has the same meaning as in section 51. (zone de gestion) penalty means an administrative monetary penalty imposed under this Part for a violation. (pénalité) review body means (a) with respect to a violation relating to Part 3 that is
designated as such by a regulation made under paragraph 144.11(1)(a), (i) the Gwich’in Land and Water Board, if the violation was committed in its management area, (ii) the Sahtu Land and Water Board, if the violation was committed in its management area, (iii) the Wekeezhii Land and Water Board, if the violation was committed in its management area, or (iv) the Mackenzie Valley Land and Water Board, if
the violation was committed in an area outside any management area; (b) despite subparagraphs (a)(i) to (iii), the Mackenzie Valley Land and Water Board, if the violation relating to Part 3 that was committed in a management area is
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a failure to comply with a term or condition of any licence, permit or other authorization issued by that Board or a contravention of any order, direction or decision made or given in relation to such a licence, permit or other authorization; and (c) with respect to a violation relating to Part 5 that is
designated as such by a regulation made under paragraph 144.11(1)(a), the federal Minister. (réviseur)
Federal Minister’s Powers Regulations 144.11 (1) The federal Minister may, with the approval
of the Governor in Council and following consultation with the Gwich’in and Sahtu First Nations and the Tlicho Government, make regulations for the purposes of sections 144.12 to 144.31, including regulations (a) designating as a violation that may be proceeded
with in accordance with this Act (i) the contravention of any specified provision of this Act or of any of its regulations, (ii) the contravention of any order, direction or decision, whether of a specified class or not, made or given under this Act, or (iii) the failure to comply with a term or condition, whether of a specified class or not, of any licence, permit or other authorization or development certificate or amended development certificate issued under this Act; (b) respecting the determination of or the method of
determining the amount payable as the penalty, which may be different for individuals and other persons, for each violation; (c) establishing the form and content of notices of violation; (d) respecting the service of documents required or
authorized under this Act, including the manner and proof of service and the circumstances under which documents are presumed to be served; (e) respecting the review by a review body in respect of a notice of violation; and
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(f) respecting the publication of the nature of a violation, the name of the person who committed it and the amount of the penalty. Maximum amount of penalty (2) The amount that may be determined under any regulations made under paragraph (1)(b) as the penalty for each violation shall not be more than $25,000 in the case of an individual, and $100,000 in the case of any other person.
Violations Who may issue notices 144.12 Inspectors are authorized to issue notices of violation. Violation and penalty 144.13 (1) Every person who contravenes or fails to
comply with a provision, order, direction, decision, term or condition designated under paragraph 144.11(1)(a) commits a violation and is liable to a penalty in the amount that is determined in accordance with the regulations. Purpose of penalty (2) The purpose of the penalty is to promote compliance with this Act and not to punish.
Liability of directors, officers, etc. 144.14 If a corporation commits a violation, any director, officer or agent or mandatary of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the violation is a party to the violation and is liable to a penalty in the amount that is determined in accordance with the regulations, whether or not the corporation has been proceeded against in accordance with this Act. Proof of violation 144.15 In any proceedings under this Act against a person in relation to a violation, it is sufficient proof of the violation to establish that it was committed by an employee or agent or mandatary of the person, whether or not the employee or the agent or mandatary is identified or proceeded against in accordance with this Act. Issuance and service of notice of violation 144.16 (1) If an inspector has reasonable grounds to
believe that a person has committed a violation, the inspector may issue a notice of violation and cause it to be served on the person.
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Contents (2) The notice of violation shall (a) name the person who is believed to have committed the violation; (b) set out the relevant facts of the violation; (c) set out the amount of the penalty; (d) inform the person of their right to request a review
with respect to the facts of the violation or the amount of the penalty, and of the period within which that right shall be exercised; (e) inform the person of the time and manner of paying the penalty; and (f) inform the person that, if they do not pay the penalty or exercise their right referred to in paragraph (d), they are considered to have committed the violation and are liable to the penalty.
Copy of notice of violation (3) The inspector shall, without delay after issuing the
notice of violation, provide a copy of it, (a) with respect to a violation relating to Part 3, to the board that may act as the review body and the federal Minister; or (b) with respect to a violation relating to Part 5, to the federal Minister and (i) the board that has jurisdiction over a management area, if the development is carried out wholly within that management area; or (ii) the board established under Part 4, if the development is carried out in more than one management area, in a management area and an area outside any management area, or wholly outside any management area.
Rules About Violations Certain defences not available 144.17 (1) A person named in a notice of violation does not have a defence by reason that the person (a) exercised due diligence to prevent the commission
of the violation; or (b) reasonably and honestly believed in the existence
of facts that, if true, would exonerate the person.
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Common law principles (2) Every rule and principle of the common law that renders any circumstance a justification or excuse in relation to a charge for an offence under this Act applies in respect of a violation to the extent that it is not inconsistent with this Act. Continuing violation 144.18 A violation that is committed or continued on
more than one day constitutes a separate violation for each day on which it is committed or continued. Violation or offence 144.19 (1) Proceeding with any act or omission as a violation under this Act precludes proceeding with it as an offence under this Act, and proceeding with it as an offence under this Act precludes proceeding with it as a violation under this Act. Violations not offences (2) For greater certainty, a violation is not an offence
and, accordingly, section 126 of the Criminal Code does not apply in respect of a violation. Limitation period 144.2 No notice of violation is to be issued more than
two years after the day on which the federal Minister becomes aware of the acts or omissions that constitute the alleged violation.
Reviews Request for review 144.21 A person who is served with a notice of violation
may, within 30 days after the notice is served or within any longer period prescribed by the regulations, make a request to the review body for a review of the facts of the violation or the amount of the penalty, or both. Correction or cancellation of notice of violation 144.22 At any time before a request for a review in respect of a notice of violation is received by the review body, an inspector may cancel the notice of violation or correct an error in it. Review 144.23 On receipt of a request for a review in respect of a notice of violation, the review body shall conduct the review.
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Witnesses 144.24 (1) If the review body is a board, it may, when
conducting its review, summon any person to appear as a witness and order the witness to give evidence orally or in writing and produce any documents and things that it considers necessary for the purpose of the review. Enforcement of summonses and orders (2) Any summons issued or order made under subsection (1) may be made a summons or an order of the Federal Court or of the superior court of a province and is enforceable in the same manner as a summons or an order of that court.
Procedure (3) To make a summons issued or an order made under subsection (1) a summons or an order of the Federal Court or of the superior court of a province, the usual practice and procedure of the court in such matters may be followed or a certified copy of the summons or order may be filed with the court’s registrar and the summons or order then becomes a summons or an order of that court.
Fees for witnesses (4) A witness who is served with a summons is entitled
to receive the fees and allowances to which persons who are summoned to appear as witnesses before the Federal Court are entitled. Determination 144.25 (1) The review body shall determine, as the case may be, whether the person committed the violation or whether the amount of the penalty for the violation was determined in accordance with the regulations, or both.
Correction of penalty (2) If the review body determines that the amount of the penalty for the violation was not determined in accordance with the regulations, the review body shall correct it.
Review of facts — burden of proof (3) If the facts of a violation are reviewed, the inspector
who issued the notice of violation shall establish, on a balance of probabilities, that the person named in it committed the violation identified in it. Written reasons (4) The review body shall make a determination in writing, with reasons, and cause it to be served on the person who requested the review.
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Determination final — board (5) A determination made under this section by a board
acting as a review body is final and binding and, except for judicial review under section 32, is not subject to appeal or to review by any court. Determination final — federal Minister (6) A determination made under this section by the federal Minister acting as a review body is final and binding and, except for judicial review under the Federal Courts Act, is not subject to appeal or to review by any court.
Liability (7) If the review body determines that the person who
requested the review committed the violation, the person who requested the review is liable to the penalty as set out in the determination. Copy of determination (8) The review body shall, without delay after making the
determination, provide a copy of it to (a) the federal Minister, if the review body is a board;
or (b) the board to which a copy of the notice of violation
was provided under subsection 144.16(3), if the review body is the federal Minister.
Responsibility Payment 144.26 If a person pays the penalty set out in a notice of violation, the person is considered to have committed the violation and proceedings in respect of it are ended.
Failure to act 144.27 A person who neither pays the penalty within
the period set out in the notice of violation — nor requests a review within the period referred to in section 144.21 — is considered to have committed the violation and is liable to the penalty.
Recovery of Penalties Debt due to Her Majesty 144.28 (1) A penalty constitutes a debt due to Her Majesty in right of Canada and may be recovered as such in any court of competent jurisdiction.
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Limitation period or prescription (2) No proceedings to recover the debt are to be instituted more than five years after the day on which the debt becomes payable.
Certificate 144.29 (1) The federal Minister may issue a certificate
of non-payment certifying the unpaid amount of any debt referred to in subsection 144.28(1). Registration (2) Registration in any court of competent jurisdiction of
a certificate of non-payment has the same effect as a judgment of that court for a debt of the amount specified in the certificate and all related registration costs.
General Authenticity of documents 144.3 In the absence of evidence to the contrary, a document that appears to be a notice issued under subsection 144.16(1) is presumed to be authentic and is proof of its contents in any proceeding in respect of a violation. Publication related to violation 144.31 (1) Subject to subsection (2) and any regulations, the board that received a copy of the notice of violation under subsection 144.16(3) — whether acting as a review body or not — may make public the nature of a violation, the name of the person who committed it and the amount of the penalty.
Restriction of publication (2) The board may only make that information public if (a) the person named in the notice of violation has
paid the penalty set out in the notice; (b) the person has not requested a review within the
period referred to in section 144.21; or (c) the review body has determined that the person
who requested the review committed the violation.
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PART 5.2
Regional Studies Committee Studying Impact of Works and Activities Establishment 144.32 (1) The federal Minister may establish a committee to conduct a study of the impact of existing or future works or activities carried out in a region of the Mackenzie Valley. Appointment of members (2) The federal Minister shall appoint one or more persons as members of the committee.
Mandate (3) The federal Minister shall establish the committee’s
terms of reference after seeking and considering the advice of the territorial government and, if the study examines works or activities affecting any first nation or the Tlicho First Nation, the advice of that first nation or the Tlicho Government, as the case may be. Conflict of interest 144.33 (1) A person shall not be appointed, or continue, as a member of the committee if doing so would place them in a material conflict of interest. Status or entitlements under agreement (2) A person is not placed in a material conflict of interest merely because of any status or entitlement conferred on them under the Gwich’in Agreement, the Sahtu Agreement, the Tlicho Agreement or any other agreement between a first nation and Her Majesty in right of Canada for the settlement of a land claim.
Other participants in study 144.34 The federal Minister, if he or she considers it appropriate, may enter into an agreement or arrangement with any person or body that possesses knowledge or expertise that is relevant to the study to participate in the study.
Elements to consider 144.35 In conducting its study, the committee shall
consider any traditional knowledge and scientific information that is made available to it.
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Information 144.36 Subject to any other federal or territorial law,
the committee may obtain, from any board established by this Act or from any department or agency of the federal or territorial government, any information in the possession of the board, department or agency that is required for it to conduct its study.
Joint Committee Establishment 144.37 If the federal Minister is of the opinion that it is appropriate to conduct a study of the impact of existing or future works or activities carried out in a region of the Mackenzie Valley and in a region contiguous to it, the federal Minister may enter into an agreement or arrangement with an authority responsible for the examination of environmental effects in that region respecting the establishment of a joint committee to conduct the study and the manner in which the study is to be conducted.
Report Report to federal Minister 144.38 On completion of its study, the committee or
joint committee shall provide a report to the federal Minister, who shall make it available to the public. Consideration of report 144.39 The report must be considered in the exercise or
performance under this Act of any powers, duties or functions of the boards established under subsections 36(1), 38(1), 54(1), 56(1), 57.1(1) and 99(1), the Mackenzie Valley Environmental Impact Review Board, its review panels, or a review panel or a joint panel established jointly by the Review Board and any other person or body, and of any body conducting a preliminary screening of a proposal for a development under section 124.
Transitional Provisions Definition of other Act 36 (1) In
this section, other Act means the Mackenzie Valley Resource Management Act.
Ongoing proposals for development (2) Part 5 of the other Act, as it read immediately before the day on which section 22 comes into force, continues to apply to a proposal for development, as defined in subsection 111(1) of the
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other Act, that, immediately before that day, was being considered by any of the following: (a) a designated regulatory agency, as defined in
that subsection 111(1), for the purposes of sections 131 and 137 of the other Act, as those sections 131 and 137 read immediately before that day; (b) the Tlicho Government, as defined in section 2 of the other Act, for the purposes of sections 131.1 and 137.1 of the other Act, as those sections 131.1 and 137.1 read immediately before that day; (c) the federal Minister, as defined in section 2 of the other Act, and any responsible minister, as defined in that subsection 111(1); (d) the Mackenzie Valley Environmental Impact Review Board or one of its panels; or (e) a joint panel established under subsection
140(2) or paragraph 141(2)(b) or (3)(a) of the other Act or a review panel referred to in subsection 41(2) of the Canadian Environmental Assessment Act, 2012.
Consequential Amendments 2014, c. 2
Northwest Territories Devolution Act 37 Section 112 of the Northwest Territories Devolution Act is repealed.
38 Subsection 115(2) of the Act is repealed.
39 Sections 117 to 122 of the Act are repealed.
40 Section 127 of the Act is repealed. 41 (1) Subsection 128(2) of the Act is repealed.
(2) Subsection 128(4) of the Act is repealed.
42 (1) Subsection 132(1) of the Act is repealed.
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(2) Subsection 132(3) of the Act is repealed.
43 Sections 133 and 134 of the Act are repealed.
44 Subsection 135(2) of the Act is repealed.
45 Sections 136 and 137 of the Act are repealed.
46 Subsection 141(2) of the Act is repealed.
47 Subsection 142(1) of the Act is repealed.
48 Sections 143 and 144 of the Act are repealed.
49 Sections 146 to 162 of the Act are repealed.
50 Sections 164 to 172 of the Act are repealed.
51 Subsection 174(2) of the Act is repealed.
52 Subsection 175(2) of the Act is repealed.
53 Section 176 of the Act is repealed. 54 Sections 178 to 181 of the Act are repealed.
55 Sections 183 and 184 of the Act are repealed.
56 Section 186 of the Act is repealed. 57 Section 191 of the Act is repealed. 58 Section 193 of the Act is repealed. 59 Subsection 199(2) of the Act is repealed.
60 Section 200 of the Act is repealed. 61 Sections 203 to 205 of the Act are repealed.
62 Section 207 of the Act is repealed.
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63 Subsection 208(5) of the Act is repealed.
64 Subsection 209(2) of the Act is repealed.
65 Sections 210 and 211 of the Act are repealed.
66 (1) Subsection 214(1) of the Act is repealed.
(2) Subsection 214(4) of the Act is repealed.
67 Subsection 215(2) of the Act is repealed.
68 Section 216 of the Act is repealed. 69 Section 218 of the Act is repealed. 70 Subsection 219(3) of the Act is repealed.
71 Subsection 222(4) of the Act is repealed.
72 Subsection 223(6) of the Act is repealed.
73 (1) Subsection 224(1) of the Act is repealed.
(2) Subsection 224(3) of the Act is repealed.
74 Section 225 of the Act is repealed. 75 (1) Subsections 226(2) and (3) of the Act are
repealed. (2) Subsection 226(5) of the Act is repealed.
76 Sections 227 to 231 of the Act are repealed.
77 Sections 238 to 240 of the Act are repealed.
78 Sections 242 to 246 of the Act are repealed.
79 Section 251 of the Act is repealed. 80 Subsections 253(2) to (4) of the Act are repealed.
2015-2016-2017-2018-2019
Chapter 19: An Act to amend the Mackenzie Valley Resource Management Act and the Canada Petroleum Resources Act and to make consequential amendments... PART 1 Mackenzie Valley Resource Management Act Consequential Amendments Tlicho Land Claims and Self-Government Act Sections 81-83
2005, c. 1
Tlicho Land Claims and SelfGovernment Act 81 Section 95 of the Tlicho Land Claims and SelfGovernment Act is repealed.
2015, c. 24
Déline Final Self-Government Agreement Act 82 Section 42 of the Déline Final Self-Government Agreement Act is repealed.
Coordinating Amendments Bill C-69
83 (1) Subsections (2) to (8) apply if Bill C-69, introduced in the 1st session of the 42nd Parliament and entitled An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts (in this section referred to as the “other Act”), receives royal assent.
(2) If section 188 of the other Act comes into force before section 36 of this Act, then paragraph 36(2)(e) of this Act is replaced by the following: (e) a joint panel established under subsection
140(2) or paragraph 141(2)(b) or (3)(a) of the other Act or a review panel referred to in subsection 40(2) of the Impact Assessment Act. (3) If section 188 of the other Act comes into force
on the same day as section 36 of this Act, then that section 36 is deemed to have come into force before that section 188. (4) If section 38 of this Act comes into force before section 184 of the other Act, then that section 184 is deemed never to have come into force and is repealed. (5) If section 38 of this Act comes into force on
the same day as section 184 of the other Act, then
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Chapter 19: An Act to amend the Mackenzie Valley Resource Management Act and the Canada Petroleum Resources Act and to make consequential amendments... PART 1 Mackenzie Valley Resource Management Act Coordinating Amendments Sections 83-85
that section 184 is deemed to have come into force before that section 38. (6) If section 38 of this Act comes into force before section 192 of the other Act, then that section 192 is deemed never to have come into force and is repealed. (7) If section 192 of the other Act comes into force before section 38 of this Act, then that section 192 is repealed. (8) If section 38 of this Act comes into force on
the same day as section 192 of the other Act, then that section 192 is deemed never to have come into force and is repealed.
Coming into Force Order in council 84 Sections 1, 13, 15, 16, 18 to 29, 31 and 34 come
into force on a day or days to be fixed by order of the Governor in Council.
PART 2 1985, c. 36 (2nd Supp.)
Canada Petroleum Resources Act Amendments to the Act 85 (1) The portion of subsection 12(1) of the Canada Petroleum Resources Act before paragraph (a) is replaced by the following:
Orders to prohibit activities in certain circumstances 12 (1) The Governor in Council may, by order, prohibit
any interest owner or any other person from commencing or continuing any work or activity authorized under the Canada Oil and Gas Operations Act on the frontier lands, or any portion of them, if the Governor in Council considers that it is in the national interest to do so or that it is necessary in any of the following circumstances: (2) The portion of subsection 12(1) of the English version of the Act after paragraph (c) is repealed.
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Chapter 19: An Act to amend the Mackenzie Valley Resource Management Act and the Canada Petroleum Resources Act and to make consequential amendments... PART 2 Canada Petroleum Resources Act Coordinating Amendments Section 86
Coordinating Amendments Bill C-55
86 (1) Subsections (2) to (6) apply if Bill C-55, introduced in the 1st session of the 42nd Parliament and entitled An Act to amend the Oceans Act and the Canada Petroleum Resources Act (in this section referred to as the “other Act”), receives royal assent. (2) If subsection 85(1) of this Act comes into force
before subsection 19(1) of the other Act, then that subsection 19(1) is deemed never to have come into force and is repealed. (3) If subsection 85(1) of this Act comes into force
on the same day as subsection 19(1) of the other Act, then that subsection 19(1) is deemed to have come into force before that subsection 85(1). (4) If subsection 85(2) of this Act comes into force
before subsection 19(3) of the other Act, then that subsection 19(3) is deemed never to have come into force and is repealed. (5) If subsection 19(3) of the other Act comes into force before subsection 85(2) of this Act, then that subsection 85(2) is deemed never to have come into force and is repealed. (6) If subsection 85(2) of this Act comes into force
on the same day as subsection 19(3) of the other Act, then that subsection 85(2) is deemed never to have come into force and is repealed.
Published under authority of the Speaker of the House of Commons 2015-2016-2017-2018-2019
Disponible sur le site Web de la Chambre des comm
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First Session, Forty-second Parliament, 64-65-66-67-68 Elizabeth II, 2015-2016-2017-2018-2019
STATUTES OF CANADA 2019
CHAPTER 18
An Act to amend the Access to Information Act and the Privacy Act and to make consequential amendments to other Acts
ASSENTED TO JUNE 21, 2019 BILL C-58
SUMMARY This enactment amends the Access to Information Act to, among other things, (a) authorize the head of a government institution, with the approval of the Information Commissioner, to decline to act on a request for access to a record for various reasons; (b) authorize the Information Commissioner to refuse to investigate or cease to investigate a complaint that is, in the Commissioner’s opinion, trivial, frivolous or vexatious or made in bad faith; (c) clarify the powers of the Information Commissioner and the Privacy Commissioner to examine documents containing information that is subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege in the course of their investigations and clarify that the disclosure by the head of a government institution to either of those Commissioners of such documents does not constitute a waiver of those privileges or that professional secrecy; (d) authorize the Information Commissioner to make orders for the release of records or with respect to other matters relating to requesting or obtaining records and to publish any reports that he or she makes, including those that contain any orders he or she makes, and give parties the right to apply to the Federal Court for a review of the matter; (e) create a new Part providing for the proactive publication of information or materials related to the Senate, the House of Commons, parliamentary entities, ministers’ offices, government institutions and institutions that support superior courts; (f) require the designated Minister to undertake a review of the Act within one year after the day on which this enactment receives royal assent and every five years afterward; (g) authorize government institutions to provide to other government institutions services related to requests for access to records; and (h) expand the Governor in Council’s power to amend Schedule I to the Act and to retroactively validate amendments to that schedule. It amends the Privacy Act to, among other things, (a) create a new exception to the definition of “personal information” with respect to certain information regarding an individual who is a ministerial adviser or a member of a ministerial staff; (b) authorize government institutions to provide to other government institutions services related to requests for personal information; and
i
Chapter 18: An Act to amend the Access to Information Act and the Privacy Act and to make consequential amendments to other Acts SUMMARY
(c) expand the Governor in Council’s power to amend the schedule to the Act and to retroactively validate amendments to that schedule. It also makes consequential amendments to the Canada Evidence Act and the Personal Information Protection and Electronic Documents Act.
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ii
64-65-66-67-68 ELIZABETH II
CHAPTER 18
An Act to amend the Access to Information Act and the Privacy Act and to make consequential amendments to other Acts [Assented to 21st June, 2019] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: R.S., c. A-1
Access to Information Act Amendments to the Act 1 The long title of the Access to Information Act is replaced by the following:
An Act to extend the present laws of Canada that provide access to information under the control of the Government of Canada and to provide for the proactive publication of certain information 2 Section 2 of the Act is replaced by the following: Purpose of Act 2 (1) The purpose of this Act is to enhance the accountability and transparency of federal institutions in order to promote an open and democratic society and to enable public debate on the conduct of those institutions.
Specific purposes of Parts 1 and 2 (2) In furtherance of that purpose, (a) Part 1 extends the present laws of Canada to provide a right of access to information in records under the control of a government institution in accordance with the principles that government information should be available to the public, that necessary exceptions to the right of access should be limited and specific and that decisions on the disclosure of
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Chapter 18: An Act to amend the Access to Information Act and the Privacy Act and to make consequential amendments to other Acts Access to Information Act Amendments to the Act Sections 2-6
government information should be reviewed independently of government; and (b) Part 2 sets out requirements for the proactive publication of information.
Complementary procedures (3) This Act is also intended to complement and not replace existing procedures for access to government information and is not intended to limit in any way access to the type of government information that is normally available to the general public. 3 (1) The definition third party in section 3 of the English version of the Act is replaced by the following:
third party, in respect of a request for access to a record under Part 1, means any person, group of persons or organization other than the person that made the request or a government institution. (tiers) (2) Section 3 of the Act is amended by adding the following in alphabetical order:
business day means a day other than (a) a Saturday; (b) a Sunday or other holiday; and (c) a day that falls during the Christmas recess, as defined in section 2 of the Federal Courts Rules; (jour ouvrable)
personal information has the same meaning as in section 3 of the Privacy Act; (renseignements personnels) 4 The heading “Access to Government Records” after section 3.2 of the Act is replaced by the following:
PART 1
Access to Government Records Access 6 Section 6 of the English version of the Act is replaced by the following:
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Chapter 18: An Act to amend the Access to Information Act and the Privacy Act and to make consequential amendments to other Acts Access to Information Act Amendments to the Act Sections 6-6.1
Request for access to record 6 A request for access to a record under this Part shall be
made in writing to the government institution that has control of the record and shall provide sufficient detail to enable an experienced employee of the institution to identify the record with a reasonable effort. 6.1 The Act is amended by adding the following after section 6:
Reasons for declining to act on request 6.1 (1) With the Information Commissioner’s written
approval, the head of a government institution may, before giving a person access to a record or refusing to do so, decline to act on the person’s request if, in the opinion of the head of the institution, the request is vexatious, is made in bad faith or is otherwise an abuse of the right to make a request for access to records. Limitation (1.1) The head of a government institution is not authorized under subsection (1) to decline to act on a person’s request for a record for the sole reason that the information contained in it has been published under Part 2.
Time limit suspended (1.2) If the head of a government institution communicates with the Information Commissioner to obtain his or her approval to decline to act, the 30-day period set out in section 7 — and any extension to it under section 9 — is suspended during the period beginning on the day on which the head of the institution communicates with the Information Commissioner and ending on the day on which he or she receives the Information Commissioner’s decision in writing.
Notice — suspension (1.3) The head of the institution shall give written notice
to the person who made the request for access to a record under this Part of the suspension of the period, and of the reasons for the suspension, at the same time as they communicate with the Information Commissioner to obtain his or her approval to decline to act. Notice — end of suspension (1.4) If the Information Commissioner refuses to give
his or her approval, the head of the institution shall, on receiving the Information Commissioner’s decision in writing, give written notice to the person who made the request for access to a record under this Part of the refusal and of the date on which the running of the period resumes in accordance with subsection (1.2).
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Notice (2) If the head of a government institution declines to act
on the person’s request, they shall give the person written notice of their decision to decline to act on the request and their reasons for doing so. 6.2 The portion of section 7 of the Act before
paragraph (a) is replaced by the following: Notice where access requested 7 Where access to a record is requested under this Act, the head of the government institution to which the request is made shall, subject to sections 8 and 9, within 30 days after the request is received, 7 (1) Section 11 of the Act is replaced by the following:
Application fee 11 (1) Subject to this section, a person who makes a request for access to a record under this Part shall pay, at the time the request is made, any application fee of not more than $25, that may be prescribed by regulation.
Waiver (2) The head of a government institution to which a request for access to a record is made under this Part may waive the requirement to pay a fee or a part of a fee under this section or may refund a fee or a part of a fee paid under this section. 8 The heading before section 12 of the English version of the Act is replaced by the following:
Access Given 9 Subsection 19(1) of the Act is replaced by the following:
Personal information 19 (1) Subject to subsection (2), the head of a government institution shall refuse to disclose any record requested under this Part that contains personal information. 10 Section 23 of the Act is replaced by the following:
Protected information — solicitors, advocates and notaries 23 The head of a government institution may refuse to
disclose any record requested under this Part that contains information that is subject to solicitor-client
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privilege or the professional secrecy of advocates and notaries or to litigation privilege. 11 Subsection 24(2) of the Act is repealed. 11.1 Section 26 of the Act is replaced by the following: Refusal of access if information to be published 26 The head of a government institution may refuse to disclose any record requested under this Part or any part of a record if the head of the institution believes on reasonable grounds that the material in the record or in part of the record will be published by a government institution, agent of the Government of Canada or minister of the Crown — other than under Part 2 — within 90 days after the request is made or within any further period of time that may be necessary for printing or translating the material for the purpose of printing it. 12 Section 29 of the Act is repealed. 13 Section 30 of the Act is amended by adding the
following after subsection (3): Reasons for refusing or ceasing to investigate (4) The Information Commissioner may refuse or cease to investigate a complaint if, in the Commissioner’s opinion, (a) the complaint is trivial, frivolous or vexatious or is
made in bad faith; or (b) an investigation or any further investigation is unnecessary having regard to all the circumstances of the complaint, including that the complaint is already the subject of an investigation or that the subject matter of the complaint has already been the subject of a report by the Commissioner.
Notice (5) If the Information Commissioner refuses or ceases to
investigate a complaint, he or she shall give a written notice to (a) the complainant, stating the reasons for refusing
or ceasing to investigate the complaint; (b) the head of the government institution concerned, if the Commissioner provided the head of the institution with a notice under section 32;
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(c) any third party that was entitled under paragraph
35(2)(c) to make and that made representations to the Commissioner in respect of the complaint; and (d) the Privacy Commissioner, if the Information
Commissioner consulted him or her under subsection 36(1.1) or section 36.2. 14 (1) Subparagraph 35(2)(c)(i) of the Act is replaced by the following: (i) the Information Commissioner intends to make
an order, under subsection 36.1(1), requiring the disclosure of a record or a part of a record — or to recommend the disclosure of a record or a part of a record — that contains, or that the Commissioner has reason to believe might contain, trade secrets of the third party, information described in paragraph 20(1)(b) or (b.1) that was supplied by the third party or information the disclosure of which the Commissioner can reasonably foresee might effect a result described in paragraph 20(1)(c) or (d) in respect of the third party, and (2) Subsection 35(2) of the Act is amended by striking out “and” at the end of paragraph (b), by adding “and” at the end of paragraph (c) and by adding the following after paragraph (c): (d) the Privacy Commissioner, if the Information
Commissioner consults him or her under subsection 36(1.1) or section 36.2. 15 Subsection 36(2) of the Act is replaced by the
following: For greater certainty (1.1) For greater certainty, the Information Commissioner may, during the investigation of any complaint under this Part, consult the Privacy Commissioner and may, in the course of the consultation, disclose to him or her personal information.
Access to records (2) Despite any other Act of Parliament, any privilege
under the law of evidence, solicitor-client privilege or the professional secrecy of advocates and notaries and litigation privilege, and subject to subsection (2.1), the Information Commissioner may, during the investigation of any complaint under this Part, examine any record to which this Part applies that is under the control of a government institution, and no such record may be withheld from the Commissioner on any grounds.
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Chapter 18: An Act to amend the Access to Information Act and the Privacy Act and to make consequential amendments to other Acts Access to Information Act Amendments to the Act Sections 15-16
Protected information — solicitors, advocates and notaries (2.1) The Information Commissioner may examine a record that contains information that is subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege only if the head of a government institution refuses to disclose the record under section 23.
For greater certainty (2.2) For greater certainty, the disclosure by the head of
a government institution to the Information Commissioner of a record that contains information that is subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege does not constitute a waiver of those privileges or that professional secrecy. 16 The Act is amended by adding the following after section 36:
Orders and Reports Power to make order 36.1 (1) If, after investigating a complaint described in
any of paragraphs 30(1)(a) to (e), the Commissioner finds that the complaint is well-founded, he or she may make any order in respect of a record to which this Part applies that he or she considers appropriate, including requiring the head of the government institution that has control of the record in respect of which the complaint is made (a) to disclose the record or a part of the record; and (b) to reconsider their decision to refuse access to the
record or a part of the record. Limitation (2) The Information Commissioner is not authorized to
make an order after investigating a complaint that he or she initiates under subsection 30(3). Condition (3) The order may include any condition that the Information Commissioner considers appropriate.
Effect (4) The order takes effect on (a) the 31st business day after the day on which the head of the government institution receives a report under subsection 37(2), if only the complainant and
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the head of the institution are provided with the report; or (b) the 41st business day after the day on which the head of the government institution receives a report under subsection 37(2), if a third party or the Privacy Commissioner is also provided with the report.
Deemed date of receipt (5) For the purposes of this section, the head of the government institution is deemed to have received the report on the fifth business day after the date of the report.
Consulting Privacy Commissioner 36.2 If the Information Commissioner intends to make
an order requiring the head of a government institution to disclose a record or a part of a record that the head of the institution refuses to disclose under subsection 19(1), the Information Commissioner shall consult the Privacy Commissioner and may, in the course of the consultation, disclose to him or her personal information. Notice to third parties 36.3 (1) If the Information Commissioner intends to make an order requiring the head of a government institution to disclose a record or a part of a record that the Commissioner has reason to believe might contain trade secrets of a third party, information described in paragraph 20(1)(b) or (b.1) that was supplied by a third party or information the disclosure of which the Commissioner can reasonably foresee might effect a result described in paragraph 20(1)(c) or (d) in respect of a third party, the Commissioner shall make every reasonable effort to give the third party written notice of the Commissioner’s intention.
Contents of notice (2) The notice must include (a) a statement that the Information Commissioner
intends to make an order requiring the head of a government institution to disclose a record or a part of a record that might contain material or information described in subsection (1); (b) a description of the contents of the record or the
part of the record that, as the case may be, belong to, were supplied by or relate to the third party to whom the notice is given; and
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(c) a statement that the third party may, within 20 days after the notice is given, make representations to the Commissioner as to why the record or the part of the record should not be disclosed. 17 Section 37 of the Act is replaced by the following:
Information Commissioner’s initial report to government institution 37 (1) If, on investigating a complaint under this Part,
the Information Commissioner finds that the complaint is well-founded, the Commissioner shall provide the head of the government institution concerned with a report that sets out (a) the findings of the investigation and any recommendations that the Commissioner considers appropriate; (b) any order that the Commissioner intends to make;
and (c) the period within which the head of the government institution shall give notice to the Commissioner of the action taken or proposed to be taken to implement the order or recommendations set out in the report or reasons why no such action has been or is proposed to be taken. Final report to complainant, government institution and other persons (2) The Information Commissioner shall, after investigating a complaint under this Part, provide a report that sets out the results of the investigation and any order or recommendations that he or she makes to (a) the complainant; (b) the head of the government institution; (c) any third party that was entitled under paragraph 35(2)(c) to make and that made representations to the Commissioner in respect of the complaint; and (d) the Privacy Commissioner, if he or she was entitled under paragraph 35(2)(d) to make representations and he or she made representations to the Commissioner in respect of the complaint. However, no report is to be made under this subsection and no order is to be made until the expiry of the time within which the notice referred to in paragraph (1)(c) is to be given to the Information Commissioner.
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Contents of report (3) The Information Commissioner may include in the
report referred to in subsection (2) any comments on the matter that he or she thinks fit and shall include in that report (a) a summary of any notice that he or she receives
under paragraph (1)(c); (b) a statement that any person to whom the report is provided has the right to apply for a review under section 41, within the period specified for exercising that right, and that the person must comply with section 43 if they exercise that right; (c) a statement that if no person applies for a review
within the period specified for doing so, any order set out in the report takes effect in accordance with subsection 36.1(4); and (d) a statement, if applicable, that the Information Commissioner will provide a third party or the Privacy Commissioner with the report.
Publication (3.1) The Information Commissioner may publish the
report referred to in subsection (2). Limitation (3.2) However, the Information Commissioner is not to publish the report until the expiry of the periods to apply to the Court for a review of a matter that are referred to in section 41.
Access to be given (4) If the head of a government institution gives notice to the Information Commissioner under paragraph (1)(c) that access to a record or a part of a record will be given to a complainant, the head of the institution shall give the complainant access to the record or the part of the record (a) on receiving the report under subsection (2) or
within any period specified in the Commissioner’s order, if only the complainant and the head of the institution are provided with the report; or (b) on the expiry of the 40th business day after the day
on which the head of the government institution receives the report under subsection (2) or within any period specified in the Commissioner’s order that begins on the expiry of that 40th business day, if a third party or the Privacy Commissioner are also provided with the report, unless a review is applied for under section 41.
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Deemed date of receipt (5) For the purposes of this section, the head of the government institution is deemed to have received the report referred to in subsection (2) on the fifth business day after the date of the report. 18 Subsection 40(2) of the Act is replaced by the
following: Reference to Parliamentary committee (2) Every report referred to in subsection (1) shall, after it is transmitted for tabling under that subsection, be referred to the committee designated or established by Parliament for the purpose of section 99. 19 Sections 41 to 43 of the Act are replaced by the
following: Review by Federal Court — complainant 41 (1) A person who makes a complaint described in
any of paragraphs 30(1)(a) to (e) and who receives a report under subsection 37(2) in respect of the complaint may, within 30 business days after the day on which the head of the government institution receives the report, apply to the Court for a review of the matter that is the subject of the complaint. Review by Federal Court — government institution (2) The head of a government institution who receives a report under subsection 37(2) may, within 30 business days after the day on which they receive it, apply to the Court for a review of any matter that is the subject of an order set out in the report.
Review by Federal Court — third parties (3) If neither the person who made the complaint nor the
head of the government institution makes an application under this section within the period for doing so, a third party who receives a report under subsection 37(2) may, within 10 business days after the expiry of the period referred to in subsection (1), apply to the Court for a review of the application of any exemption provided for under this Part that may apply to a record that might contain information described in subsection 20(1) and that is the subject of the complaint in respect of which the report is made.
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Review by Federal Court — Privacy Commissioner (4) If neither the person who made the complaint nor the head of the institution makes an application under this section within the period for doing so, the Privacy Commissioner, if he or she receives a report under subsection 37(2), may, within 10 business days after the expiry of the period referred to in subsection (1), apply to the Court for a review of any matter in relation to the disclosure of a record that might contain personal information and that is the subject of the complaint in respect of which the report is made.
Respondents (5) The person who applies for a review under subsection (1), (3) or (4) may name only the head of the government institution concerned as the respondent to the proceedings. The head of the government institution who applies for a review under subsection (2) may name only the Information Commissioner as the respondent to the proceedings.
Deemed date of receipt (6) For the purposes of this section, the head of the government institution is deemed to have received the report on the fifth business day after the date of the report.
Operation of order stayed 41.1 (1) Subject to subsection (2), the making of an application under section 41 operates as a stay of any order set out in a report received under subsection 37(2) by the person who made the application until the proceedings are finally concluded.
Part of order operative (2) If all of the persons who received the report agree in
writing, any part of the order that relates to a matter that is not the subject of the proceedings becomes operative.
Parties to review 41.2 (1) If a person who receives a report under subsection 37(2) applies to the Court for a review under section 41, any other person who received the report under that subsection has the right to appear as a party to the review. Scope of proceedings (2) If a complainant, a third party or the Privacy Commissioner files notice of their intention to appear as a party to a review with the Court within 10 business days after the expiry of the period referred to in subsection
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41(1), they may raise for determination by the Court any matter in respect of which they may make an application under section 41. Burden of proof – party (3) If a third party or the Privacy Commissioner raises a
matter for determination by the court under subsection (2), the burden of establishing that the disclosure of a record requested under this Part or a part of such a record is not authorized is on the person who raises the matter. Information Commissioner may appear 42 The Information Commissioner may (a) appear before the Court on behalf of a complainant; or (b) appear as a party to any review applied for under
section 41 or, with leave of the Court, as a party to any review applied for under section 44. Service on head of government institution 43 (1) If a complainant, a third party or the Privacy
Commissioner makes an application for a review under section 41, he or she shall immediately serve a copy of the originating document on the head of the government institution who received the report under subsection 37(2).
Service or notice (2) If the head of a government institution makes an application for a review under section 41, he or she shall immediately serve a copy of the originating document on the persons who are entitled to be provided a report under subsection 37(2) and on the Information Commissioner. However, if the head of the institution is served with a copy of an originating document under subsection (1), he or she shall, as soon as possible after being served, give written notice of the application to those persons and to the Information Commissioner, unless any of those persons or the Commissioner has already been served with a copy of the document. 20 Subsections 44(1) and (2) of the Act are replaced by the following: Third party may apply for review 44 (1) Any third party to whom the head of a government institution is required under paragraph 28(1)(b) to give notice of a decision to disclose a record or a part of a record under this Part may, within 20 days after the notice is given, apply to the Court for a review of the matter.
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Notice to person who requested record (2) The head of a government institution who has given
notice under paragraph 28(1)(b) that a record requested under this Part or a part of such a record will be disclosed shall, on being given notice of an application made under subsection (1) in respect of the disclosure, give written notice of the application to the person who requested access to the record. 21 Section 45 of the Act is replaced by the following:
De novo review 44.1 For greater certainty, an application under section 41 or 44 is to be heard and determined as a new proceeding.
Hearing in summary way 45 An application made under section 41 or 44 is to be
heard and determined in a summary way in accordance with any special rules made in respect of such applications under section 46 of the Federal Courts Act. 22 Section 46 of the Act is replaced by the following:
Access to records 46 Despite any other Act of Parliament, any privilege
under the law of evidence, solicitor-client privilege or the professional secrecy of advocates and notaries and litigation privilege, the Court may, in the course of any proceedings before it arising from an application under section 41 or 44, examine any record to which this Part applies that is under the control of a government institution, and no such record may be withheld from the Court on any grounds. 23 The portion of subsection 47(1) of the Act before paragraph (a) is replaced by the following:
Court to take precautions against disclosing 47 (1) In any proceedings before the Court arising from an application under section 41 or 44, the Court shall take every reasonable precaution, including, when appropriate, receiving representations ex parte and conducting hearings in camera, to avoid the disclosure by the Court or any person of 24 Section 48 of the Act is replaced by the following:
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Burden of proof — subsection 41(1) or (2) 48 (1) In any proceedings before the Court arising from
an application under subsection 41(1) or (2), the burden of establishing that the head of a government institution is authorized to refuse to disclose a record requested under this Part or a part of such a record or to make the decision or take the action that is the subject of the proceedings is on the government institution concerned. Burden of proof — subsection 41(3) or (4) (2) In any proceedings before the Court arising from an
application under subsection 41(3) or (4), the burden of establishing that the head of a government institution is not authorized to disclose a record that is described in that subsection and requested under this Part or a part of such a record is on the person who made that application. 25 The Act is amended by adding the following after section 50:
Order of Court if authorization to refuse disclosure found 50.1 The Court shall, if it determines that the head of a government institution is authorized to refuse to disclose a record or a part of a record on the basis of a provision of this Part not referred to in section 50 or that the head of the institution has reasonable grounds on which to refuse to disclose a record or a part of a record on the basis of section 14 or 15 or paragraph 16(1)(c) or (d) or 18(d), make an order declaring that the head of the institution is not required to comply with the provisions of the Information Commissioner’s order that relate to the matter that is the subject of the proceedings, or shall make any other order that it considers appropriate.
Order of Court — other decisions or actions 50.2 If the subject matter of the proceedings before the Court is the decision or action of the head of a government institution, other than a decision or action referred to in any of sections 49 to 50.1, the Court shall, (a) if it determines that the head of the institution is
not authorized to make that decision or to take that action, make an order declaring that the head of the institution is required to comply with the provisions of the Information Commissioner’s order that relate to that matter, or make any other order that it considers appropriate; or (b) if it determines that the head of the institution is authorized to make that decision or to take that action, make an order declaring that the head of the institution is not required to comply with the provisions of
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the Information Commissioner’s order that relate to that matter, or make any other order that it considers appropriate. Incompatible provisions 50.3 An order of the Court made under any of sections
49 to 50.2 has the effect of rescinding the provisions of the Information Commissioner’s order relating to any matter that is the subject of the proceedings that are incompatible with the Court’s order. Court to specify rescinded provisions 50.4 The Court must specify in any order that it makes
under any of sections 49 to 50.2 the provisions of the Information Commissioner’s order relating to any matter that is the subject of the proceedings that are rescinded under section 50.3. 26 Subsection 52(1) of the Act is replaced by the following:
Applications relating to international affairs or defence 52 (1) An application under section 41 relating to a record or a part of a record that the head of a government institution has refused to disclose by reason of paragraph 13(1)(a) or (b) or section 15 shall be heard and determined by the Chief Justice of the Federal Court or by any other judge of that Court that the Chief Justice may designate to hear those applications. 27 Subsection 53(2) of the Act is replaced by the following:
Costs — important new principle (2) If the Court is of the opinion that an application for
review under section 41 has raised an important new principle in relation to this Part, the Court shall order that costs be awarded to the applicant even if the applicant has not been successful in the result. 28 Subsection 57(1) of the English version of the
Act is replaced by the following: Duties generally 57 (1) An Assistant Information Commissioner shall engage exclusively in such duties or functions of the office of the Information Commissioner under this Part or under any other Act of Parliament as are delegated by the Information Commissioner to that Assistant Information Commissioner and shall not hold any other office under Her Majesty for reward or engage in any other employment for reward.
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29 Paragraph 59(1)(b) of the Act is replaced by
the following: (b) in any case, the powers, duties or functions set out
in sections 36.1, 38 and 39. 30 Subparagraph 63(1)(a)(ii) of the Act is replaced by the following: (ii) establish the grounds for findings, recommendations and orders set out in any report under this Part; or 30.1 The portion of section 64 of the Act before
paragraph (a) is replaced by the following: Information not to be disclosed 64 In carrying out an investigation under this Act and in any report published under subsection 37(3.1) or made to Parliament under section 38 or 39, the Information Commissioner and any person acting on behalf or under the direction of the Information Commissioner shall take every reasonable precaution to avoid the disclosure of, and shall not disclose, 31 The portion of section 68 of the Act before
paragraph (b) is replaced by the following: Part 1 does not apply to certain materials 68 This Part does not apply to (a) published material, other than material published under Part 2, or material available for purchase by the public; 32 The heading before section 70 of the Act is replaced by the following:
Designated Minister’s Duties and Functions 33 Paragraphs 70(1)(b) to (d) of the Act are replaced by the following: (b) prescribe any forms that may be required for the
operation of this Part and the regulations made under this Part; (c) cause to be prepared and distributed to government institutions directives and guidelines concerning the operation of this Part and the regulations made under this Part; and
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(d) cause statistics to be collected on an annual basis
for the purpose of assessing the compliance of government institutions with the provisions of this Part and the regulations relating to access to records and cause to be published on an annual basis a report containing a summary of those statistics. 34 Section 71 of the Act is replaced by the following:
Regulations Governor in Council 71 The Governor in Council may make regulations (a) prescribing limitations in respect of the format in
which records are to be provided under subsection 4(2.1); (b) prescribing limitations in respect of records that
can be produced from machine readable records for the purpose of subsection 4(3); (c) prescribing the procedure to be followed in making and responding to a request for access to a record under this Part; (d) prescribing, for the purpose of subsection 8(1), the conditions under which a request may be transferred from one government institution to another; (e) prescribing a fee for the purposes of subsection
11(1); (f) prescribing, for the purpose of subsection 12(1),
the manner or place in which access to a record or a part of a record shall be given; (g) specifying investigative bodies for the purpose of
paragraph 16(1)(a); (h) specifying classes of investigations for the purpose of paragraph 16(4)(c); and (i) prescribing the procedures to be followed by the
Information Commissioner and any person acting on behalf or under the direction of the Information Commissioner in examining or obtaining copies of records relevant to an investigation of a complaint in respect of a refusal to disclose a record or a part of a record under paragraph 13(1)(a) or (b) or section 15.
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35 The Act is amended by adding the following after section 71:
PART 2
Proactive Publication of Information 36 The Act is amended by adding the following after the heading of Part 2:
Senate, House of Commons and Parliamentary Entities Interpretation Definition of quarter 71.01 In sections 71.02 to 71.14, quarter means a threemonth period that begins on the first day of January, April, July or October.
Senators Travel expenses 71.02 Within 90 days after the end of the quarter in
which any travel expenses incurred by a Senator are reimbursed, the Speaker of the Senate shall cause to be published on the Senate’s website the following information: (a) the Senator’s name; (b) the purpose of the travel; (c) the dates of the travel; (d) the places visited; (e) the total cost for each of the following classes of expenses, including the costs for any other person such as a spouse or dependant who participated in the travel: (i) transportation, (ii) lodging, (iii) meals and any incidental expenses, and (iv) other expenses; and (f) the total amount of the travel expenses.
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Hospitality expenses 71.03 Within 90 days after the end of the quarter in
which any expenses incurred by a Senator for a hospitality activity are reimbursed, the Speaker of the Senate shall cause to be published on the Senate’s website the following information: (a) the Senator’s name; (b) the purpose of the hospitality activity; (c) the date of the hospitality activity; (d) the municipality in which the hospitality activity
took place; (e) the name of any commercial establishment or vendor involved in the hospitality activity; (f) the number of persons who attended the hospitality activity; and (g) the total amount of the expenses for the hospitality activity.
Contracts 71.04 (1) Within 90 days after the end of the quarter in which a contract is entered into by a Senator with respect to Senate business, including a contract for professional, technical or administrative services or expertise, the Speaker of the Senate shall cause to be published on the Senate’s website the following information: (a) the Senator’s name; (b) the subject matter of the contract; (c) the names of the other parties; (d) the contract period; and (e) the value of the contract.
Increase or decrease in value of contract (2) Within 90 days after the end of the quarter in which a
contract referred to in subsection (1) is amended so that its value is increased or decreased, the Speaker of the Senate shall cause to be published on the Senate’s website the value of the contract as amended.
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Members of the House of Commons Travel expenses 71.05 Within 90 days after the end of the quarter in
which any travel expenses incurred by a member of the House of Commons are reimbursed, the Speaker of the House of Commons shall cause to be published on the House of Commons’ website the following information: (a) the member’s name; (b) the purpose of the travel; (c) the dates of the travel; (d) the places visited; (e) the total cost for each of the following classes of expenses, including the costs for any other person such as a spouse or dependant who participated in the travel: (i) transportation, (ii) lodging, (iii) meals and any incidental expenses, and (iv) other expenses; and (f) the total amount for all travel expenses.
Hospitality expenses 71.06 Within 90 days after the end of the quarter in
which any expenses incurred by a member of the House of Commons for a hospitality activity are reimbursed, the Speaker of the House of Commons shall cause to be published on the House of Commons’ website the following information: (a) the member’s name; (b) the purpose of the hospitality activity; (c) the date of the hospitality activity; (d) the municipality in which the hospitality activity
took place; (e) the name of any commercial establishment or vendor involved in the hospitality activity; (f) the number of persons who attended the hospitality activity; and
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(g) the total amount of the expenses for the hospitality
activity. Contracts 71.07 (1) Within 90 days after the end of the quarter in which a contract is entered into by a member of the House of Commons with respect to House of Commons business, including a contract for professional, technical or administrative services or expertise, the Speaker of the House of Commons shall cause to be published on the House of Commons’ website the following information: (a) the member’s name; (b) the subject matter of the contract; (c) the names of the other parties; (d) the contract period; and (e) the value of the contract.
Increase or decrease in value of contract (2) Within 90 days after the end of the quarter in which a contract referred to in subsection (1) is amended so that its value is increased or decreased, the Speaker of the House of Commons shall cause to be published on the House of Commons’ website the value of the contract as amended.
Parliamentary Entities Definition of head of a parliamentary entity 71.08 In sections 71.09 to 71.11, head of a parliamentary entity means (a) in respect of any administrative unit of the Senate — including a business sector, an operational division or a directorate — the person or committee that the Senate, by its rules or orders, designates; (b) in respect of the office of the Senate Ethics Officer, the Speaker of the Senate; (c) in respect of any administrative unit of the House
of Commons, the Speaker of the House of Commons; (d) in respect of the office of the Conflict of Interest
and Ethics Commissioner, the Speaker of the House of Commons; (e) in respect of the Library of Parliament, the Speaker of the Senate and the Speaker of the House of Commons, jointly; and
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(f) in respect of the Parliamentary Protective Service, the Speaker of the Senate and the Speaker of the House of Commons, jointly.
Travel expenses 71.09 Within 60 days after the end of the quarter in
which any travel expenses incurred by an employee of a parliamentary entity are reimbursed, the head of the parliamentary entity shall cause to be published on the entity’s website the following information: (a) the employee’s name; (b) the purpose of the travel; (c) the dates of the travel; (d) the places visited; (e) the total cost for each of the following classes of expenses, including the costs for any other person such as a spouse or dependant who participated in the travel: (i) transportation, (ii) lodging, (iii) meals and any incidental expenses, and (iv) other expenses; and (f) the total amount of the travel expenses.
Hospitality expenses 71.1 Within 60 days after the end of the quarter in which
any expenses incurred by an employee of a parliamentary entity for a hospitality activity are reimbursed, the head of the parliamentary entity shall cause to be published on the entity’s website the following information: (a) the employee’s name; (b) the purpose of the hospitality activity; (c) the date of the hospitality activity; (d) the municipality in which the hospitality activity
took place; (e) the name of any commercial establishment or vendor involved in the hospitality activity; (f) the number of persons who attended the hospitality activity; and
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(g) the total amount of the expenses for the hospitality
activity. Contracts over $10,000 71.11 (1) Within 60 days after the end of the quarter in which a contract that is in relation to the activities of a parliamentary entity and that has a value of more than $10,000 is entered into, the head of the parliamentary entity shall cause to be published on the entity’s website the following information: (a) the subject matter of the contract; (b) the names of the parties; (c) the contract period; and (d) the value of the contract.
Contracts of $10,000 or less (2) Within 60 days after the end of the quarter in which a contract — that has been entered into in relation to the activities of a parliamentary entity and that has a value of $10,000 or less — is amended so that its value exceeds $10,000, the head of the parliamentary entity shall cause to be published on the entity’s website the information referred to in paragraphs (1)(a) to (d) with respect to the contract as amended.
Increase or decrease in value of contract (3) Within 60 days after the end of the quarter in which a contract referred to in subsection (1) or (2) is amended so that its value is increased or decreased, the head of the parliamentary entity shall cause to be published on the entity’s website the value of the contract as amended.
Parliamentary Privilege and Security of Persons, Infrastructure and Goods Parliamentary privilege 71.12 Sections 71.02 to 71.11 do not apply to any of the
information or any part of the information referred to in those sections if the Speaker of the Senate or the Speaker of the House of Commons, as applicable, determines that the publication may constitute a breach of parliamentary privilege. Security of persons, infrastructure and goods 71.13 The Speaker of the Senate, the Speaker of the House of Commons or the person or committee designated for the purposes of paragraph 71.08(a), as applicable,
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is not required to cause to be published any of the information or any part of the information referred to in any of sections 71.09 to 71.11 if the Speaker of the Senate or the Speaker of the House of Commons, as applicable, determines, after receiving the advice of the Parliamentary Protective Service or any administrative unit of the Senate or of the House of Commons, that the publication could compromise the security of persons, infrastructure or goods in the parliamentary precinct, as defined in section 79.51 of the Parliament of Canada Act. Final decision 71.14 A determination by the Speaker of the Senate, the Speaker of the House of Commons or a delegate of either Speaker that a publication may constitute a breach of parliamentary privilege or could compromise the security of persons, infrastructure or goods is final for the purposes of this Part, subject to the rules and orders of both Houses of Parliament. 37 Sections 72 to 77 of the Act are replaced by the
following:
Ministers Definitions 72 The following definitions apply in sections 73 to 80.
minister includes the Prime Minister and any Minister of State or Associate Minister. (ministre) ministerial adviser has the same meaning as in subsection 2(1) of the Conflict of Interest Act. (conseiller ministériel) ministerial staff has the same meaning as in subsection 2(1) of the Conflict of Interest Act. (personnel ministériel) quarter means a three-month period that begins on the first day of April, July, October or January. (trimestre)
Mandate letters 73 The Prime Minister shall cause to be published in electronic form any letter or revised letter in which he or she establishes the mandate of any other minister within 30 days after the issuance of the letter or revised letter.
Briefing materials 74 A minister shall cause to be published in electronic form
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(a) within 120 days after the appointment of the minister, the package of briefing materials that is prepared for the minister by a government institution for the purpose of enabling the minister to assume the powers, duties and functions of his or her office; (b) within 30 days after the end of the month in which
any memorandum prepared by a government institution for the minister is received by his or her office, the title and reference number of each memorandum that is received; (c) within 30 days after the last sitting day of the House of Commons in June and December or, respectively, no later than July 31 or January 31 if the House of Commons is not sitting in June or December, the package of question period notes that were prepared by a government institution for the minister and that were in use on the last sitting day of the month in question; and (d) within 120 days after the minister’s appearance before a committee of Parliament, the package of briefing materials that is prepared by a government institution for the minister for the purpose of that appearance.
Travel expenses 75 Within 30 days after the end of the month in which
any travel expenses incurred by a minister, any of his or her ministerial advisers or any member of his or her ministerial staff are reimbursed, the minister shall cause to be published in electronic form the following information: (a) the name of the minister, the ministerial adviser or the ministerial staff member, as applicable; (b) the purpose of the travel; (c) the dates of the travel; (d) the places visited; (e) the total cost for each of the following classes of expenses, including the costs for any other person such as a spouse or dependant who participated in the travel: (i) transportation, (ii) lodging, (iii) meals and any incidental expenses, and (iv) other expenses; and
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(f) the total amount of the travel expenses.
Hospitality expenses 76 Within 30 days after the end of the month in which
any expenses incurred by a minister, any of his or her ministerial advisers or any member of his or her ministerial staff for a hospitality activity are reimbursed, the minister shall cause to be published in electronic form the following information: (a) the name of the minister, the ministerial adviser or the ministerial staff member, as applicable; (b) the purpose of the hospitality activity; (c) the date of the hospitality activity; (d) the municipality in which the hospitality activity
took place; (e) the name of any commercial establishment or vendor involved in the hospitality activity; (f) the number of persons who attended the hospitality activity; and (g) the total amount of the expenses for the hospitality activity.
Contracts over $10,000 77 (1) Within 30 days after the end of each of the first
three quarters and within 60 days after the end of each fourth quarter, a minister shall cause to be published in electronic form the following information with respect to any contract that is entered into during the quarter in relation to the activities of the minister’s office that result in expenses being incurred by the minister or by any of his or her ministerial advisers or any member of his or her ministerial staff if the value of the contract is more than $10,000: (a) the subject matter of the contract; (b) the names of the parties; (c) the contract period; (d) the value of the contract; and (e) the reference number assigned to the contract, if
any. Contracts of $10,000 or less (2) Within 30 days after the end of the quarter in which a contract — that has been entered into in relation to the activities of a minister’s office that result in expenses
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being incurred by the minister or by any of his or her ministerial advisers or any member of his or her ministerial staff and that has a value of $10,000 or less — is amended so that its value exceeds $10,000, or within 60 days after the end of that quarter if that quarter is the fourth quarter, the minister shall cause to be published in electronic form the information referred to in paragraphs (1)(a) to (e) with respect to the contract as amended. Increase or decrease in value of contract (3) Within 30 days after the end of the quarter in which a
contract referred to in subsection (1) or (2) is amended so that its value is increased or decreased by more than $10,000, or within 60 days after the end of that quarter if that quarter is the fourth quarter, the minister shall cause to be published in electronic form the value of the contract as amended. Expense reports 78 Within 120 days after the end of each fiscal year, a
minister shall cause to be published in electronic form a report of all expenses that were incurred by his or her office and were paid out of the Consolidated Revenue Fund during that fiscal year. Form of publications 79 (1) The designated Minister shall specify the form of
the publications referred to in sections 74 to 78. Directives and guidelines (2) The designated Minister may cause to be established
directives and guidelines concerning the information or materials that must be published under any of sections 74 to 78. If directives and guidelines are established, the designated Minister shall cause them to be distributed to ministers. Publication not required 80 (1) A minister is not required to cause to be published any of the information, any part of the information, any of the materials or any part of the materials referred to in any of sections 74 to 78 if that information, that part of the information, those materials or that part of those materials were set out in a record and, in dealing with a request for access to that record, a head of a government institution could under Part 1 refuse to disclose that record, in whole or in part, for a reason that is set out in that Part. Publication not permitted (2) A minister shall not cause to be published any of the information, any part of the information, any of the materials or any part of the materials referred to in any of sections 74 to 78 if that information, that part of the
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information, those materials or that part of those materials were set out in a record and, in dealing with a request for access to that record, a head of a government institution would be required under Part 1 to refuse to disclose that record, in whole or in part, for a reason that is set out in that Part or because that Part does not apply to the information or materials in question. Information deemed not to be personal information (3) For the purposes of this section, information that
must be published under section 75 or 76 is not personal information.
Government Institutions Definitions 81 The following definitions apply in sections 82 to 90.
government entity means a government institution that is (a) a department named in Schedule I to the Financial Administration Act, (b) a division or branch of the federal public administration set out in column I of Schedule I.1 to that Act, or (c) a corporation named in Schedule II to that Act.
(entité fédérale) quarter means a three-month period that begins on the first day of April, July, October or January. (trimestre) senior officer or employee means, in respect of a government institution, any person who exercises the powers or performs the duties and functions of a deputy minister, an associate deputy minister, an assistant deputy minister, a deputy head, an assistant deputy head, a president, a vice-president, a chief executive officer or a member of a board of directors, and any person who holds a position of an equivalent rank. (dirigeant ou employé)
Travel expenses 82 Within 30 days after the end of the month in which
any travel expenses incurred by a senior officer or employee of a government institution are reimbursed, the head of the government institution shall cause to be published in electronic form the following information:
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(a) the senior officer’s or employee’s name, as applicable; (b) the purpose of the travel; (c) the dates of the travel; (d) the places visited; (e) the total cost for each of the following classes of expenses: (i) transportation, (ii) lodging, (iii) meals and any incidental expenses, and (iv) other expenses; (f) the total amount of the travel expenses; and (g) any other information that, in accordance with
Treasury Board policies, must be published. Hospitality expenses 83 Within 30 days after the end of the month in which
any expenses incurred by a senior officer or employee of a government institution for a hospitality activity are reimbursed, the head of the government institution shall cause to be published in electronic form the following information: (a) the senior officer’s or employee’s name, as applicable; (b) the purpose of the hospitality activity; (c) the date of the hospitality activity; (d) the municipality in which the hospitality activity
took place; (e) the name of any commercial establishment or vendor involved in the hospitality activity; (f) the number of persons who attended the hospitality activity; (g) the total amount of the expenses for the hospitality
activity; and (h) any other information that, in accordance with
Treasury Board policies, must be published.
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Reports tabled in Parliament 84 Within 30 days after the day on which it is tabled, the head of a government institution shall cause to be published in electronic form any report of the government institution respecting its activities that, under an Act of Parliament, must be tabled in the Senate or the House of Commons.
Reclassification of positions 85 Within 30 days after the end of the quarter in which there is a reclassification of an occupied position in a government institution that is a department named in Schedule I to the Financial Administration Act or a portion of the core public administration named in Schedule IV to that Act, the head of the government institution shall cause to be published in electronic form the following information: (a) the organizational unit in question; (b) the number and title of the reclassified position; (c) the previous classification and the new classification; (d) the purpose of the reclassification; (e) the effective date of the reclassification; and (f) any other information that, in accordance with
Treasury Board policies, must be published. Contracts over $10,000 86 (1) Within 30 days after the end of each of the first
three quarters and within 60 days after the end of each fourth quarter, the head of a government entity shall cause to be published in electronic form the following information with respect to any contract that is entered into during the quarter in relation to the activities of the government entity if the value of the contract is more than $10,000: (a) the subject matter of the contract; (b) the names of the parties; (c) the contract period; (d) the value of the contract; (e) the reference number assigned to the contract, if
any; and (f) any other information that, in accordance with
Treasury Board policies, must be published.
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Contracts of $10,000 or less (2) Within 30 days after the end of the quarter in which a
contract that has been entered into in relation to the activities of a government entity and that has a value of $10,000 or less is amended so that its value exceeds $10,000, or within 60 days after the end of that quarter if that quarter is the fourth quarter, the head of the government entity shall cause to be published in electronic form the information referred to in paragraphs (1)(a) to (f) with respect to the contract as amended. Increase or decrease in value of contract (3) Within 30 days after the end of the quarter in which a contract referred to in subsection (1) or (2) is amended so that its value is increased or decreased by more than $10,000, or within 60 days after the end of that quarter if that quarter is the fourth quarter, the head of the government entity shall cause to be published in electronic form the value of the contract as amended.
Grants and contributions over $25,000 87 (1) Within 30 days after the end of the quarter in
which an agreement or arrangement is entered into with respect to a grant or contribution that is in relation to the activities of a government entity, that was authorized by Parliament under an appropriation Act and that has a value of more than $25,000, the head of the government entity shall cause to be published in electronic form the following information: (a) the names of the parties; (b) the municipality, province and country where the recipient resides or, in the case of a corporation or organization, where its head office is located or where it carries on business; (c) the purpose of the grant or contribution; (d) the date of the agreement or arrangement; (e) the value of the grant or contribution; and (f) any other information that, in accordance with Treasury Board policies, must be published.
Grants and contributions of $25,000 or less (2) Within 30 days after the end of the quarter in which
an agreement or arrangement — that was entered into in relation to the activities of a government entity, that was authorized by Parliament under an appropriation Act and that has a value of $25,000 or less — is amended so that the value of the grant or contribution
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exceeds $25,000, the head of the entity shall cause to be published in electronic form the information referred to in paragraphs (1)(a) to (f) with respect to the amended agreement or arrangement. Increase or decrease in value of grant or contribution (3) Within 30 days after the end of the quarter in which
an agreement or arrangement referred to in subsection (1) or (2) is amended so that the value of the grant or contribution is increased or decreased, the head of the government entity shall cause to be published in electronic form the value of the grant or contribution as amended. Briefing materials 88 The head of a government entity shall cause to be
published in electronic form (a) within 120 days after the appointment of a deputy head or a person to a position of an equivalent rank, the package of briefing materials that is prepared for the deputy head or the person for the purpose of enabling him or her to assume the powers, duties and functions of his or her office; (b) within 30 days after the end of the month in which
any memorandum prepared for the deputy head or the person is received by his or her office, the title and reference number of each memorandum that is received; and (c) within 120 days after an appearance before a committee of Parliament, the package of briefing materials that is prepared for the deputy head or the person for the purpose of that appearance.
Form of publications 89 (1) The designated Minister shall specify the form of
the publications referred to in sections 82 to 88. Directives and guidelines (2) The designated Minister may cause to be established
directives and guidelines concerning the information or materials that must be published under any of sections 82, 83 and 85 to 88. If directives and guidelines are established, the designated Minister shall cause them to be distributed to government institutions. Publication not required 90 (1) A head of a government institution is not required to cause to be published any of the information, any part of the information, any of the materials or any part of the materials referred to in any of sections 82 to 88 if that information, that part of the information, those
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materials or that part of those materials were set out in a record and, in dealing with a request for access to that record, he or she could under Part 1 refuse to disclose that record, in whole or in part, for a reason that is set out in that Part. Publication not permitted (2) A head of a government institution shall not cause to
be published any of the information, any part of the information, any of the materials or any part of the materials referred to in any of sections 82 to 88 if that information, that part of the information, those materials or that part of those materials were set out in a record and, in dealing with a request for access to that record, he or she would be required under Part 1 to refuse to disclose that record, in whole or in part, for a reason that is set out in that Part or because that Part does not apply to the information or materials in question.
General Information Commissioner 91 (1) The Information Commissioner shall not exercise
any powers or perform any duties or functions in relation to the proactive publication of information under this Part, including receiving and investigating complaints or exercising any other powers, duties or functions under Part 1. Precision (2) Nothing in subsection (1) shall be construed as preventing the Information Commissioner from exercising his or her powers or performing his or her duties and functions under Part 1 with respect to a record that, although subject to Part 2, is subject to a request for access under Part 1.
PART 3
General Designated Minister’s power 92 The designated Minister may provide services with
respect to the administration of this Act to the public and to any government institution. Five-year review 93 (1) The designated Minister shall undertake a review of this Act within one year after the day on which this section comes into force and every five years after the review is undertaken and shall cause a report to be laid before each House of Parliament.
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Reference to Parliamentary committee (2) After the report is laid before both Houses, it shall be
referred to the committee designated or established by Parliament for the purpose of section 99. Annual report — government institutions 94 (1) Every year the head of every government institution shall prepare a report on the administration of this Act within the institution during the period beginning on April 1 of the preceding year and ending on March 31 of the current year. Tabling of report (2) Every report prepared under subsection (1) shall be
laid before each House of Parliament on any of the first 15 days on which that House is sitting after September 1 of the year in which the report is prepared. Reference to Parliamentary committee (3) Every report prepared under subsection (1) shall, after it is laid before both Houses under subsection (2), be referred to the committee designated or established by Parliament for the purpose of section 99.
Copy of report to designated Minister (4) The head of every government institution shall provide a copy of the report to the designated Minister immediately after it is laid before both Houses. Form and content of report (5) The designated Minister shall prescribe the form of,
and what information is to be included in, the reports prepared under subsection (1). Delegation by head of government institution 95 (1) The head of a government institution may, by order, delegate any of their powers, duties or functions under this Act to one or more officers or employees of that institution. Delegation to officers or employees of other government institution (2) The head of a government institution may, for the purposes of subsection 96(1), by order, delegate any of their powers, duties or functions under this Act to one or more officers or employees of another government institution.
Provision of services related to access to information 96 (1) A government institution may provide services related to any power, duty or function conferred or imposed on the head of a government institution under this
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Act to another government institution that is presided over by the same Minister or that is under the responsibility of the same Minister and may receive such services from any other such government institution. Written agreement (2) A government institution may provide services under
subsection (1) to another government institution only if it enters into an agreement in writing with the other government institution in respect of those services before it provides the services. Notice (3) The head of a government institution to which the
services are provided shall provide a copy of the agreement to the Information Commissioner and the designated Minister as soon as possible after the agreement is entered into. The head of the institution shall also notify the Information Commissioner and the designated Minister of any material change to that agreement. Fees (4) The head of a government institution that provides
the services may charge a fee for those services. The fee is not to exceed the cost of providing the service.
Spending authority (5) The head of the institution that charges the fee may
spend the revenues that are received from the provision of the services for any purpose of that institution. If the head of the institution spends the revenues, he or she must do so in the fiscal year in which they are received or, unless an appropriation Act provides otherwise, in the next fiscal year. Records not under control of institution 97 The records that the head of a government institution provides to the head of another government institution for the purpose of the other institution providing the services referred to in subsection 96(1) are not under the control of that other institution.
Protection from civil proceeding or from prosecution — Part 1 98 (1) Despite any other Act of Parliament, no civil or
criminal proceedings lie against the head of any government institution, or against any person acting on behalf or under the direction of the head of a government institution, and no proceedings lie against the Crown or any government institution, for the disclosure in good faith of any record or any part of a record under Part 1, for any consequences that flow from that disclosure, or for the
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failure to give any notice required under Part 1 if reasonable care is taken to give the required notice. Protection from civil proceeding or from prosecution — Part 2 (2) Despite any other Act of Parliament, no civil or criminal proceedings lie against any person who is required to cause to be published any information or any materials, in whole or in part, under Part 2 or against any person acting on behalf or under the direction of that person, and no proceedings lie against the Crown or any entity, for the publication in good faith of any information or any materials, in whole or in part, under Part 2, or for any consequences that flow from that publication.
Permanent review of Act by Parliamentary committee 99 The administration of this Act shall be reviewed on a
permanent basis by any committee of the House of Commons, of the Senate or of both Houses of Parliament that may be designated or established by Parliament for that purpose. Review and report 99.1 A committee referred to in section 99 shall undertake a review of this Act within one year after the day on which this section comes into force and every five years after the review is undertaken, and shall submit a report on each review to the Senate, the House of Commons or both Houses of Parliament, as the case may be, including a statement of any changes the committee would recommend. Binding on Crown 100 This Act is binding on Her Majesty in right of Canada.
Regulations 101 (1) The Governor in Council may make regulations
prescribing criteria for adding, under paragraph (2)(a), the name of a body or office to Schedule I. Amendments to Schedule I (2) The Governor in Council may, by order, (a) add to Schedule I the name of any department, ministry of state, body or office of the Government of Canada; (b) replace in Schedule I the former name of any department, ministry of state, body or office of the Government of Canada with its new name; and (c) delete from Schedule I the name of any department, ministry of state, body or office of the
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Government of Canada that has ceased to exist or has become part of another department, ministry of state, body or office of the Government of Canada. 38 The Act is amended by adding the following after section 90:
Office of the Registrar of the Supreme Court of Canada, Courts Administration Service and Office of the Commissioner for Federal Judicial Affairs Interpretation Definitions 90.01 The following definitions apply in sections 90.02 to 90.24.
Chief Administrator means the Chief Administrator of the Courts Administration Service. (administrateur en chef) Commissioner means the Commissioner for Federal Judicial Affairs. (commissaire) quarter means a three-month period that begins on the first day of January, April, July or October. (trimestre) Registrar means the Registrar of the Supreme Court of Canada. (registraire)
Office of the Registrar of the Supreme Court of Canada Definitions 90.02 The following definitions apply in this section and
sections 90.03 to 90.09. Deputy Registrar means the Deputy Registrar of the Supreme Court. (registraire adjoint) Office of the Registrar of the Supreme Court means the Registrar and that portion of the federal public administration appointed under subsection 12(2) of the Supreme Court Act. (Bureau du registraire de la Cour Suprême) Supreme Court means the Supreme Court of Canada. (Cour suprême)
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Travel expenses — Registrar and Deputy Registrar 90.03 Within 30 days after the end of the quarter in
which any travel expenses incurred by the Registrar or the Deputy Registrar are reimbursed, the Registrar shall cause to be published in electronic form the following information: (a) the Registrar’s or Deputy Registrar’s name, as applicable; (b) the purpose of the travel; (c) the dates of the travel; (d) the places visited; (e) the total cost for each of the following classes of expenses: (i) transportation, (ii) lodging, (iii) meals and any incidental expenses, and (iv) other expenses; and (f) the total amount of the travel expenses.
Hospitality expenses — Registrar and Deputy Registrar 90.04 Within 30 days after the end of the quarter in which any expenses incurred by the Registrar or the Deputy Registrar for a hospitality activity are reimbursed, the Registrar shall cause to be published in electronic form the following information: (a) the Registrar’s or Deputy Registrar’s name, as applicable; (b) the purpose of the hospitality activity; (c) the date of the hospitality activity; (d) the municipality in which the hospitality activity
took place; (e) the name of any commercial establishment or vendor involved in the hospitality activity; (f) the number of persons who attended the hospitality activity; and (g) the total amount of the expenses for the hospitality activity.
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Contracts over $10,000 90.05 (1) Within 30 days after the end of the quarter in
which a contract that is in relation to the activities of the Office of the Registrar of the Supreme Court and that has a value of more than $10,000 is entered into, the Registrar shall cause to be published in electronic form the following information: (a) the subject matter of the contract; (b) the names of the parties; (c) the contract period; (d) the value of the contract; and (e) the reference number assigned to the contract, if
any. Contracts of $10,000 or less (2) Within 30 days after the end of the quarter in which a
contract — that has been entered into in relation to the activities of the Office of the Registrar of the Supreme Court and that has a value of $10,000 or less — is amended so that its value exceeds $10,000, the Registrar shall cause to be published in electronic form the information referred to in paragraphs (1)(a) to (e) with respect to the contract as amended. Increase or decrease in value of contract (3) Within 30 days after the end of the quarter in which a contract referred to in subsection (1) or (2) is amended so that its value is increased or decreased, the Registrar shall cause to be published in electronic form the value of the contract as amended.
Incidental expenditures — judges 90.06 Within 30 days after the end of the quarter in
which any incidental expenditure incurred by any judge of the Supreme Court is reimbursed under subsection 27(1) of the Judges Act, the Registrar shall cause to be published in electronic form the following information: (a) the total amount of the incidental expenditures reimbursed; (b) the number of judges to whom a reimbursement
was made; (c) a detailed description of each class of incidental
expenditures reimbursed; (d) the number of judges who received a reimbursement for each class of incidental expenditures; and (e) the applicable guidelines.
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Representational allowances — judges 90.07 Within 30 days after the end of the quarter in
which any travel or other expenses incurred by any judge of the Supreme Court or his or her spouse or commonlaw partner are reimbursed under subsection 27(6) of the Judges Act as a representational allowance, the Registrar shall cause to be published in electronic form the following information: (a) the total amount of the expenses reimbursed; (b) the number of judges to whom a reimbursement
was made; (c) a detailed description of each class of expenses reimbursed; (d) the number of judges who received a reimbursement for each class of expenses; and (e) the applicable guidelines.
Travel allowances — judges 90.08 Within 30 days after the end of the quarter in
which any moving, transportation, travel or other expenses incurred by any judge of the Supreme Court are reimbursed under section 34 of the Judges Act as a travel allowance, the Registrar shall cause to be published in electronic form the following information: (a) the total amount of the expenses reimbursed; (b) the number of judges to whom a reimbursement
was made; (c) a detailed description of each class of expenses reimbursed; (d) the number of judges who received a reimbursement for each class of expenses; and (e) the applicable guidelines.
Conference allowances — judges 90.09 Within 30 days after the end of the quarter in
which any travel or other expenses incurred by any judge of the Supreme Court are reimbursed under section 41 of the Judges Act as a conference allowance, the Registrar shall cause to be published in electronic form the following information: (a) the total amount of the expenses reimbursed; (b) the number of judges to whom a reimbursement
was made;
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(c) a detailed description of each class of expenses reimbursed; (d) a description of the meeting, conference or seminar, its date, its location and the number of judges in attendance; and (e) the applicable guidelines.
Courts Administration Service Definition of Service 90.1 In sections 90.11 to 90.13, Service means the
Courts Administration Service. Travel expenses — Chief Administrator and deputies 90.11 Within 30 days after the end of the quarter in
which any travel expenses incurred by the Chief Administrator or any Deputy Chief Administrator are reimbursed, the Chief Administrator shall cause to be published in electronic form the following information: (a) the Chief Administrator’s or Deputy Chief Administrator’s name, as applicable; (b) the purpose of the travel; (c) the dates of the travel; (d) the places visited; (e) the total cost for each of the following classes of expenses: (i) transportation, (ii) lodging, (iii) meals and any incidental expenses, and (iv) other expenses; and (f) the total amount of the travel expenses.
Hospitality expenses — Chief Administrator and deputies 90.12 Within 30 days after the end of the quarter in which any expenses incurred by the Chief Administrator or any Deputy Chief Administrator for a hospitality activity are reimbursed, the Chief Administrator shall cause to be published in electronic form the following information:
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(a) the Chief Administrator’s or Deputy Chief Administrator’s name, as applicable; (b) the purpose of the hospitality activity; (c) the date of the hospitality activity; (d) the municipality in which the hospitality activity
took place; (e) the name of any commercial establishment or vendor involved in the hospitality activity; (f) the number of persons who attended the hospitality activity; and (g) the total amount of the expenses for the hospitality activity.
Contracts over $10,000 90.13 (1) Within 30 days after the end of the quarter in
which a contract that is in relation to the activities of the Service and that has a value of more than $10,000 is entered into, the Chief Administrator shall cause to be published in electronic form the following information: (a) the subject matter of the contract; (b) the names of the parties; (c) the contract period; (d) the value of the contract; and (e) the reference number assigned to the contract, if
any. Contracts of $10,000 or less (2) Within 30 days after the end of the quarter in which a
contract — that has been entered into in relation to the activities of the Service and that has a value of $10,000 or less — is amended so that its value exceeds $10,000, the Chief Administrator shall cause to be published in electronic form the information referred to in paragraphs (1)(a) to (e) with respect to the contract as amended. Increase or decrease in value of contract (3) Within 30 days after the end of the quarter in which a contract referred to in subsection (1) or (2) is amended so that its value is increased or decreased, the Chief Administrator shall cause to be published in electronic form the value of the contract as amended.
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Office of the Commissioner for Federal Judicial Affairs Definitions 90.14 The following definitions apply in sections 90.15 to 90.21.
judge means a judge of a superior court other than the Supreme Court of Canada. (juge) Office means the Office of the Commissioner for Federal Judicial Affairs. (Bureau) Travel expenses — Commissioner and deputies 90.15 Within 30 days after the end of the quarter in
which any travel expenses incurred by the Commissioner or any Deputy Commissioner are reimbursed, the Commissioner shall cause to be published in electronic form the following information: (a) the Commissioner’s or Deputy Commissioner’s name, as applicable; (b) the purpose of the travel; (c) the dates of the travel; (d) the places visited; (e) the total cost for each of the following classes of expenses: (i) transportation, (ii) lodging, (iii) meals and any incidental expenses, and (iv) other expenses; and (f) the total amount of the travel expenses.
Hospitality expenses — Commissioner and deputies 90.16 Within 30 days after the end of the quarter in
which any expenses incurred by the Commissioner or any Deputy Commissioner for a hospitality activity are reimbursed, the Commissioner shall cause to be published in electronic form the following information: (a) the Commissioner’s or Deputy Commissioner’s name, as applicable; (b) the purpose of the hospitality activity; (c) the date of the hospitality activity;
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(d) the municipality in which the hospitality activity
took place; (e) the name of any commercial establishment or vendor involved in the hospitality activity; (f) the number of persons who attended the hospitality activity; and (g) the total amount of the expenses for the hospitality activity.
Contracts over $10,000 90.17 (1) Within 30 days after the end of the quarter in
which a contract that is in relation to the activities of the Office and that has a value of more than $10,000 is entered into, the Commissioner shall cause to be published in electronic form the following information: (a) the subject matter of the contract; (b) the names of the parties; (c) the contract period; (d) the value of the contract; and (e) the reference number assigned to the contract, if
any. Contracts of $10,000 or less (2) Within 30 days after the end of the quarter in which a
contract — that has been entered into in relation to the activities of the Office and that has a value of $10,000 or less — is amended so that its value exceeds $10,000, the Commissioner shall cause to be published in electronic form the information referred to in paragraphs (1)(a) to (e) with respect to the contract as amended. Increase or decrease in value of contract (3) Within 30 days after the end of the quarter in which a
contract referred to in subsection (1) or (2) is amended so that its value is increased or decreased, the Commissioner shall cause to be published in electronic form the value of the contract as amended. Incidental expenditures — judges 90.18 Within 30 days after the end of the quarter in which any incidental expenditure incurred by any judge of a particular court is reimbursed under subsection 27(1) of the Judges Act, the Commissioner shall cause to be published in electronic form the following information: (a) the name of the court;
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(b) the total amount of the incidental expenditures reimbursed for that court; (c) the number of judges to whom a reimbursement
was made; (d) a detailed description of each class of incidental
expenditures reimbursed; (e) the number of judges who received a reimbursement for each class of incidental expenditures; and (f) the applicable guidelines.
Representational allowances — judges 90.19 Within 30 days after the end of the quarter in
which any travel or other expenses incurred by any judge or his or her spouse or common-law partner are reimbursed under subsection 27(6) of the Judges Act as a representational allowance, the Commissioner shall cause to be published in electronic form the following information: (a) the total amount of the expenses reimbursed; (b) the number of judges to whom a reimbursement
was made; (c) a detailed description of each class of expenses reimbursed; (d) the number of judges who received a reimbursement for each class of expenses; and (e) the applicable guidelines.
Travel allowances — judges 90.2 Within 30 days after the end of the quarter in which any moving, transportation, travel or other expenses incurred by any judge of a particular court are reimbursed under section 34 of the Judges Act as a travel allowance, the Commissioner shall cause to be published in electronic form the following information: (a) the name of the court; (b) the total amount of the expenses reimbursed for
that court; (c) the number of judges to whom a reimbursement
was made; (d) a detailed description of each class of expenses reimbursed; (e) the number of judges who received a reimbursement for each class of expenses; and
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(f) the applicable guidelines.
Conference allowances — judges 90.21 Within 30 days after the end of the quarter in
which any travel or other expenses incurred by any judge of a particular court are reimbursed under section 41 of the Judges Act as a conference allowance, the Commissioner shall cause to be published in electronic form the following information: (a) the name of the court; (b) the total amount of the expenses reimbursed for
that court; (c) the number of judges to whom a reimbursement
was made; (d) a detailed description of each class of expenses reimbursed; (e) a description of the meeting, conference or seminar, its date, its location and the number of judges in attendance; and (f) the applicable guidelines.
Judicial Independence, Protected Information, Security of Persons, Infrastructure and Goods and Canadian Judicial Council Judicial independence 90.22 The Registrar, the Chief Administrator or the Commissioner, as applicable, may, on an exceptional basis, decline to cause to be published information or any part of the information described in any of sections 90.03 to 90.09, 90.11 to 90.13 and 90.15 to 90.21 if they determine that the publication, even in the aggregate, could interfere with judicial independence.
Protected information and security 90.23 The Registrar, the Chief Administrator or the Commissioner, as applicable, is not required to cause to be published any of the information or any part of the information referred to in any of sections 90.03 to 90.09, 90.11 to 90.13 and 90.15 to 90.21 if he or she determines that
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(a) the information or the part of the information is subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege; or (b) the publication could compromise the security of
persons, infrastructure or goods. Final decision 90.24 A determination by the Registrar, the Chief Administrator or the Commissioner that a publication could interfere with judicial independence or could compromise the security of persons, infrastructure or goods or that any information or part of any information is subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege is final.
Terminological Changes Replacement of “this Act” 39 The Act is amended by replacing “this Act” with “this Part” in the following provisions: (a) subsections 4(1) and (3); (b) subsections 10(1) and (3); (c) section 25; (d) the portion of subsection 30(1) before paragraph (a), paragraphs 30(1)(a) and (f) and subsections 30(2) and (3); (e) section 32; (f) section 34; (g) subsections 36(1) and (3); (h) section 41; (i) paragraph 47(1)(a); (j) section 49; (k) subsection 53(2); (l) section 62; (m) subparagraphs
63(1)(a)(i) and (ii) and
paragraph 63(1)(b); (n) the portion of section 64 before paragraph (b); (o) sections 65 and 66;
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(p) subsection 67(1); (q) subsection 67.1(1); (r) sections 68.1 and 68.2; (s) subsection 69(1); (t) section 69.1; and (u) paragraph 70(1)(a).
Replacement of “this or any other Act” 40 The Act is amended by replacing “this or any
other Act” with “this Part or under any other Act” in the following provisions: (a) subsections 55(1) and (2); (b) subsection 57(2); (c) subsections 58(1) and (2); (d) the portion of subsection 59(1) before paragraph (a) and subsection 59(3); and (e) section 61.
Replacement of “this Act” 41 The English version of the Act is amended by
replacing “this Act” with “this Part” in the following provisions: (a) paragraphs 5(1)(b) and (d) and subsection 5(3); (a.1) section 7; (b) subsection 8(1); (c) subsection 9(1); (d) section 12; (e) subsections 13(1) and (2); (f) section 14; (g) subsection 15(1); (h) subsections 16(1) to (3); (i) subsection 16.1(1); (j) subsection 16.2(1);
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(k) sections 16.3 and 16.31; (l) subsection 16.4(1); (m) sections 16.5 to 18; (n) subsection 18.1(1); (o) subsection 19(2); (p) subsections 20(1), (3) and (6); (q) sections 20.1 to 20.4; (r) subsection 21(1); (s) section 22; (t) subsection 22.1(1); (u) subsection 24(1); (v) subsections 27(1) and (4); (w) subsections 28(3) and (4); (x) subsection 29(1); (y) section 31; (z) section 33; (z.1) subsection 35(1) and the portion of subsection 35(2) before paragraph (a); (z.2) subsections 37(1), (2) and (5); (z.3) subsection 39(2); (z.4) section 42; (z.5) subsection 43(1); (z.6) subsections 44(1) and (2); (z.7) paragraph 47(1)(b); (z.8) section 48; (z.9) section 50; (z.10) subsection 53(1); and (z.11) paragraph 64(b).
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Transitional Amendments Same meaning 42 The words and expressions used in sections 43 to 45 have the same meaning as in the Access to Information Act.
Declining to act on request 43 The head of a government institution may decline to act on a person’s request for access to a record under subsection 6.1(1) of the Access to Information Act only if that request is made on or after the day on which section 6 of this Act comes into force.
Refusing or ceasing to investigate complaint 44 The Information Commissioner may refuse
or cease to investigate a complaint under subsection 30(4) of the Access to Information Act only if that complaint is made on or after the day on which section 13 of this Act comes into force.
Power to make order 45 The Information Commissioner may make an
order under subsection 36.1(1) of the Access to Information Act only in respect of a complaint that is made on or after the day on which section 16 of this Act comes into force.
Non-application of Part 2 46 A provision of Part 2 of the Access to Information Act that requires the publication of any information or any materials does not apply to (a) any expenses or expenditures that were incurred before the coming into force of that provision; (b) any contract, agreement or arrangement
that was entered into before that date; (c) any letter that, before that date, established
the mandate of a minister; (d) any
briefing materials, memoranda or question period notes that were prepared before that date;
(e) any report that was tabled in the Senate or
the House of Commons before that date; or
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(f) any occupied position in a government institution that was reclassified before that date.
R.S., c. P-21
Privacy Act 47 The definition personal information in section 3 of the Privacy Act is amended by adding the following after paragraph (j): (j.1) the fact that an individual is or was a ministerial
adviser or a member of a ministerial staff, as those terms are defined in subsection 2(1) of the Conflict of Interest Act, as well as the individual’s name and title;
47.1 The Act is amended by adding the following after section 3.01:
Application 3.02 Paragraph (j.1) of the definition personal information in section 3 applies only to records created on or after the day on which that paragraph comes into force. 48 Subsection 22.1(1) of the Act is replaced by the
following: Information obtained by Privacy Commissioner 22.1 (1) The Privacy Commissioner shall refuse to disclose any personal information requested under this Act that was obtained or created by the Commissioner or on the Commissioner’s behalf in the course of an investigation conducted by, or under the authority of, the Commissioner or that was obtained by the Commissioner in the course of a consultation with the Information Commissioner under subsection 36(1.1) or section 36.2 of the Access to Information Act. 49 Section 27 of the Act and the heading before it are replaced by the following:
Privilege and Professional Secrecy Protected information — solicitors, advocates and notaries 27 The head of a government institution may refuse to
disclose any personal information requested under
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subsection 12(1) that is subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege. 50 Subsection 34(2) of the Act is replaced by the following:
Access to information (2) Despite any other Act of Parliament, any privilege under the law of evidence, solicitor-client privilege or the professional secrecy of advocates and notaries and litigation privilege, and subject to subsection (2.1), the Privacy Commissioner may, during the investigation of any complaint under this Act, examine any information recorded in any form under the control of a government institution, other than a confidence of the Queen’s Privy Council for Canada to which subsection 70(1) applies, and no information that the Commissioner may examine under this subsection may be withheld from the Commissioner on any grounds.
Protected information — solicitors, advocates and notaries (2.1) The Privacy Commissioner may examine information that is subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege only if the head of a government institution refuses to disclose the information under section 27.
For greater certainty (2.2) For greater certainty, the disclosure by the head of a government institution to the Privacy Commissioner of information that is subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege does not constitute a waiver of those privileges or that professional secrecy. 51 Section 45 of the Act is replaced by the following:
Access to information 45 Despite any other Act of Parliament, any privilege
under the law of evidence, solicitor-client privilege or the professional secrecy of advocates and notaries and litigation privilege, the Court may, in the course of any proceedings before it arising from an application under section 41, 42 or 43, examine any information recorded in any form under the control of a government institution, other than a confidence of the Queen’s Privy Council for Canada to which subsection 70(1) applies, and no information that the Court may examine under this section may be withheld from the Court on any grounds.
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52 Paragraph 64(1)(b) of the Act is replaced by
the following: (b) in the course of a prosecution for an offence under this Act, a prosecution for an offence under section 131 of the Criminal Code (perjury) in respect of a statement made under this Act or a review before the Court under this Act or Part 1 of the Access to Information Act or an appeal from a review of that Court.
53 Section 66 of the Act is replaced by the following:
No summons 66 The Privacy Commissioner or any person acting on
behalf or under the direction of the Commissioner is not a competent or compellable witness, in respect of any matter coming to the knowledge of the Commissioner or that person as a result of performing any duties or functions under this Act, in any proceeding other than a prosecution for an offence under this Act, a prosecution for an offence under section 131 of the Criminal Code (perjury) in respect of a statement made under this Act, a review before the Court under this Act or an appeal from a review of that Court.
For greater certainty 66.1 For greater certainty, sections 63 and 66 apply if the Privacy Commissioner is consulted by the Information Commissioner under subsection 36(1.1) or section 36.2 of the Access to Information Act. 54 The Act is amended by adding the following after section 71:
Designated Minister’s power 71.1 The designated Minister may provide services with respect to the administration of this Act to the public and to any government institution. 55 (1) Subsections 72(1) and (2) of the Act are replaced by the following:
Annual report — government institutions 72 (1) Every year the head of every government institution shall prepare a report on the administration of this Act within the institution during the period beginning on April 1 of the preceding year and ending on March 31 of the current year.
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Tabling of report (2) Every report prepared under subsection (1) shall be
laid before each House of Parliament on any of the first 15 days on which that House is sitting after September 1 of the year in which the report is prepared. (2) Section 72 of the Act is amended by adding the
following after subsection (3): Copy of report to designated Minister (4) The head of every government institution shall provide a copy of the report to the designated Minister immediately after it is laid before both Houses. 56 Section 73 of the Act is replaced by the following:
Delegation by head of government institution 73 (1) The head of a government institution may, by order, delegate any of their powers, duties or functions under this Act to one or more officers or employees of that institution. Delegation to officers or employees of other government institution (2) The head of a government institution may, for the purposes of subsection 73.1(1), by order, delegate any of their powers, duties or functions under this Act to one or more officers or employees of another government institution.
Provision of services related to privacy 73.1 (1) A government institution may provide services related to any power, duty or function conferred or imposed on the head of a government institution under this Act to another government institution that is presided over by the same Minister or that is under the responsibility of the same Minister and may receive such services from any other such government institution.
Written agreement (2) A government institution may provide services under
subsection (1) to another government institution only if it enters into an agreement in writing with the other government institution in respect of those services before it provides the services. Notice (3) The head of a government institution that receives the services shall provide a copy of the agreement to the Privacy Commissioner and the designated Minister as soon as possible after the agreement is entered into. The
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head of the institution shall also notify the Commissioner and the designated Minister of any material change to that agreement. Fees (4) The head of a government institution that provides
the services may charge a fee for those services. The fee is not to exceed the cost of providing the service.
Spending authority (5) The head of the institution that charges the fee may spend the revenues that are received from the provision of the services for any purpose of that institution. If the head of the institution spends the revenues, he or she must do so in the fiscal year in which they are received or, unless an appropriation Act provides otherwise, in the next fiscal year.
Personal information not under control of institution 73.2 The personal information that the head of a government institution provides to the head of another government institution for the purpose of the other institution providing the services referred to in subsection 73.1(1) is not under the control of that other institution. 57 Subsection 77(2) of the Act is replaced by the following:
Amendments to schedule (2) The Governor in Council may, by order, (a) add to the schedule the name of any department, ministry of state, body or office of the Government of Canada; (b) replace in the schedule the former name of any department, ministry of state, body or office of the Government of Canada with its new name; and (c) delete from the schedule the name of any department, ministry of state, body or office of the Government of Canada that has ceased to exist or has become part of another department, ministry of state, body or office of the Government of Canada.
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Validation of Orders in Council R.S., c. A-1
Access to Information Act 58 The following amendments to Schedule I to
the Access to Information Act are deemed to have been validly made: (a) the deletion of “Federal Office of Regional Development – Quebec/Bureau fédéral de développement régional (Québec)” under the heading “Other Government Institutions” by Order in Council P.C. 1998-187 of February 13, 1998, registered as SOR/98-120; (b) the deletion of “The Leadership Network/Le Réseau du leadership” under the heading “Other Government Institutions” by Order in Council P.C. 1998-955 of June 3, 1998, registered as SOR/98-320; (c) the
deletion of “The Leadership Network/Le Réseau du leadership” under the heading “Other Government Institutions” by Order in Council P.C. 2001-615 of April 11, 2001, registered as SOR/2001-143;
(d) the deletion of “Canada Information Office/Bureau d’information du Canada” under the heading “Other Government Institutions” by Order in Council P.C. 2001-1576 of August 28, 2001, registered as SOR/2001-329; (e) the deletion of “Millennium Bureau of
Canada/Bureau du Canada pour le millénaire” under the heading “Other Government Institutions” by Order in Council P.C. 2002-187 of February 7, 2002, registered as SOR/2002-71; (f) the replacement of “Office of Infrastructure
and Crown Corporations of Canada/Bureau de l’infrastructure et des sociétés d’État du Canada” by “Office of Infrastructure of Canada/Bureau de l’infrastructure du Canada” under the heading “Other Government Institutions” by Order in Council P.C. 2002-1325 of August 6, 2002, registered as SOR/2002-291; (g) the deletion of “Communication Canada/ Communication Canada” under the heading “Other Government Institutions” by Order in Council P.C. 2004-107 of February 16, 2004, registered as SOR/2004-24;
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(h) the deletion of “Department of Social Development/Ministère du Développement social” under the heading “Departments and Ministries of State” by Order in Council P.C. 2006-38 of February 6, 2006, registered as SOR/ 2006-24; (i) the deletion of “Department of International Trade/Ministère du Commerce international” under the heading “Other Government Institutions” by Order in Council P.C. 2006-44 of February 6, 2006, registered as SOR/2006-28; (j) the deletion of “Canada Firearms Centre/
Centre canadien des armes à feu” under the heading “Other Government Institutions” by Order in Council P.C. 2006-392 of May 17, 2006, registered as SOR/2006-99; (k) the deletion of “Indian Residential Schools Truth and Reconciliation Commission Secretariat/Secrétariat de la Commission de vérité et de réconciliation relative aux pensionnats indiens” under the heading “Other Government Institutions” by Order in Council P.C. 2008-800 of April 25, 2008, registered as SOR/ 2008-130; (l) the deletion of “Office of Indian Residential Schools Resolution of Canada/Bureau du Canada sur le règlement des questions des pensionnats autochtones” under the heading “Other Government Institutions” by Order in Council P.C. 2008-809 of April 25, 2008, registered as SOR/2008-135.
R.S., c. P-21
Privacy Act 59 The following amendments to the schedule to
the Privacy Act are deemed to have been validly made: (a) the deletion of “Federal Office of Regional Development – Quebec/Bureau fédéral de développement régional (Québec)” under the heading “Other Government Institutions” by Order in Council P.C. 1998-186 of February 13, 1998, registered as SOR/98-119;
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(b) the
deletion of “The Leadership Network/Le Réseau du leadership” under the heading “Other Government Institutions” by Order in Council P.C. 1998-956 of June 3, 1998, registered as SOR/98-321; (c) the deletion of “The Leadership Network/Le Réseau du leadership” under the heading “Other Government Institutions” by Order in Council P.C. 2001-616 of April 11, 2001, registered as SOR/2001-144; (d) the deletion of “Canada Information Office/Bureau d’information du Canada” under the heading “Other Government Institutions” by Order in Council P.C. 2001-1577 of August 28, 2001, registered as SOR/2001-330; (e) the deletion of “Millennium Bureau of Canada/Bureau du Canada pour le millénaire” under the heading “Other Government Institutions” by Order in Council P.C. 2002-188 of February 7, 2002, registered as SOR/2002-72; (f) the deletion of “Office of Infrastructure and
Crown Corporations of Canada/Bureau de l’infrastructure et des sociétés d’État du Canada” under the heading “Departments and Ministries of State” by Order in Council P.C. 2002-1326 of August 6, 2002, registered as SOR/ 2002-292; (g) the deletion of “Communication Canada/ Communication Canada” under the heading “Other Government Institutions” by Order in Council P.C. 2004-105 of February 16, 2004, registered as SOR/2004-23; (h) the deletion of “Department of Social Development/Ministère du Développement social” under the heading “Departments and Ministries of State” by Order in Council P.C. 2006-39 of February 6, 2002, registered as SOR/ 2006-25; (i) the deletion of “Department of International Trade/Ministère du Commerce international” under the heading “Other Government Institutions” by Order in Council P.C. 2006-45 of February 6, 2006, registered as SOR/2006-29; (j) the deletion of “Canadian Firearms Centre/
Centre canadien des armes à feu” under the heading “Other Government Institutions” by Order in Council P.C. 2006-383 of May 17, 2006, registered as SOR/2006-100;
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(k) the deletion of “Indian Residential Schools
Truth and Reconciliation Commission Secretariat/Secrétariat de la Commission de vérité et de réconciliation relative aux pensionnats indiens” under the heading “Other Government Institutions” by Order in Council P.C. 2008-801 of April 25, 2008, registered as SOR/ 2008-131; (l) the deletion of “Office of Indian Residential
Schools Resolution of Canada/Bureau du Canada sur le règlement des questions des pensionnats autochtones” under the heading “Other Government Institutions” by Order in Council P.C. 2008-810 of April 25, 2008, registered as SOR/2008-136.
Consequential Amendments R.S., c. C-5
Canada Evidence Act 60 Item 15 of the schedule to the Canada Evidence Act is replaced by the following: 15 A judge of the Federal Court, for the purposes of section 41 of the Access to Information Act 2000, c. 5
Personal Information Protection and Electronic Documents Act 61 Paragraph 9(3)(a) of the Personal Information Protection and Electronic Documents Act is replaced by the following: (a) the information is protected by solicitor-client privilege or the professional secrecy of advocates and notaries or by litigation privilege;
Coordinating Amendment Bill C-44
62 If Bill C-44, introduced in the 1st session of the 42nd Parliament and entitled Budget Implementation Act, 2017, No. 1, receives royal assent, then, on the first day on which both section 128 of that Act and section 36 of this Act, are in force, section 71.08 of the Access to Information Act is amended
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by striking out “and” at the end of paragraph (e), by adding “and” at the end of paragraph (f) and by adding the following after paragraph (f): (g) in respect of the office of the Parliamentary Budget
Officer, the Speaker of the Senate and the Speaker of the House of Commons, jointly.
Coming into Force First anniversary of royal assent 63 Sections 36 and 38 come into force on the first anniversary of the day on which this Act receives royal assent.
Published under authority of the Speaker of the House of Commons 2015-2016-2017-2018-2019
Disponible sur le site Web de la Chambre des comm
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First Session, Forty-second Parliament, 64-65-66-67-68 Elizabeth II, 2015-2016-2017-2018-2019
STATUTES OF CANADA 2019
CHAPTER 24
An Act respecting First Nations, Inuit and Métis children, youth and families
ASSENTED TO JUNE 21, 2019 BILL C-92
SUMMARY This enactment affirms the rights and jurisdiction of Indigenous peoples in relation to child and family services and sets out principles applicable, on a national level, to the provision of child and family services in relation to Indigenous children, such as the best interests of the child, cultural continuity and substantive equality.
i
64-65-66-67-68 ELIZABETH II
CHAPTER 24 An Act respecting First Nations, Inuit and Métis children, youth and families [Assented to 21st June, 2019]
Preamble Whereas the Government of Canada is committed to implementing the United Nations Declaration on the Rights of Indigenous Peoples; Whereas Canada ratified the United Nations Convention on the Rights of the Child and the International Convention on the Elimination of All Forms of Racial Discrimination; Whereas Parliament recognizes the legacy of residential schools and the harm, including intergenerational trauma, caused to Indigenous peoples by colonial policies and practices; Whereas Parliament recognizes the disruption that Indigenous women and girls have experienced in their lives in relation to child and family services systems and the importance of supporting Indigenous women and girls in overcoming their historical disadvantage; Whereas Parliament recognizes the importance of reuniting Indigenous children with their families and communities from whom they were separated in the context of the provision of child and family services; Whereas the Truth and Reconciliation Commission of Canada’s Calls to Action calls for the federal, provincial and Indigenous governments to work together with respect to the welfare of Indigenous children and calls for the enactment of federal legislation that establishes national standards for the welfare of Indigenous children; Whereas Parliament affirms the right to self-determination of Indigenous peoples, including the inherent right of self-government, which includes jurisdiction in relation to child and family services; Whereas Parliament affirms the need to respect the diversity of all Indigenous peoples, including the diversity of their laws, rights,
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Chapter 24: An Act respecting First Nations, Inuit and Métis children, youth and families Preamble
treaties, histories, cultures, languages, customs and traditions, to take into account the unique circumstances and needs of Indigenous elders, parents, youth, children, persons with disabilities, women, men and gender-diverse persons and two-spirit persons, to address the needs of Indigenous children and to help ensure that there are no gaps in the services that are provided in relation to them, whether they reside on a reserve or not, to eliminate the over-representation of Indigenous children in child and family services systems, and to enact legislation for the benefit of Indigenous children, including First Nations, Inuit and Métis Nation children; Whereas the Government of Canada is committed to working in cooperation and partnership with Indigenous peoples to support the dignity and wellbeing of Indigenous children and youth and their families and communities, as well as the achievement of their full potential, and to respecting, strengthening and building on the accomplishments of Indigenous peoples in this regard, to achieving reconciliation with First Nations, the Inuit and the Métis through renewed nation-to-nation, government-to-government and Inuit-Crown relationships based on recognition of rights, respect, cooperation and partnership, and to engaging with Indigenous peoples and provincial governments to support a comprehensive reform of child and family services that are provided in relation to Indigenous children; And whereas the Government of Canada acknowledges the ongoing call for funding for child and family services that is predictable, stable, sustainable, needs-based and consistent with the principle of substantive equality in order to secure long-term positive outcomes for Indigenous children, families and communities;
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Chapter 24: An Act respecting First Nations, Inuit and Métis children, youth and families Interpretation Section 1
Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Interpretation Definitions 1 The following definitions apply in this Act.
care provider means a person who has primary responsibility for providing the day-to-day care of an Indigenous child, other than the child’s parent, including in accordance with the customs or traditions of the Indigenous group, community or people to which the child belongs. (fournisseur de soins) child and family services means services to support children and families, including prevention services, early intervention services and child protection services. (services à l’enfance et à la famille) coordination agreement means an agreement referred to in subsection 20(2). (accord de coordination) family includes a person whom a child considers to be a close relative or whom the Indigenous group, community or people to which the child belongs considers, in accordance with the customs, traditions or customary adoption practices of that Indigenous group, community or people, to be a close relative of the child. (famille) Indigenous, when used in respect of a person, also describes a First Nations person, an Inuk or a Métis person. (autochtone) Indigenous governing body means a council, government or other entity that is authorized to act on behalf of an Indigenous group, community or people that holds rights recognized and affirmed by section 35 of the Constitution Act, 1982. (corps dirigeant autochtone) Indigenous peoples has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982. (peuples autochtones) Minister means the Minister designated under section 6. (ministre)
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Rights of Indigenous peoples 2 This Act is to be construed as upholding the rights of
Indigenous peoples recognized and affirmed by section 35 of the Constitution Act, 1982, and not as abrogating or derogating from them. Conflict — existing agreement 3 If there is a conflict or inconsistency between a provision that is in an agreement — including a treaty or a self-government agreement — that contains provisions respecting child and family services, concluded before the day on which subsection 18(1) comes into force, between an Indigenous group, community or people and Her Majesty in right of Canada or of a province and a provision of this Act or the regulations, the provision that is in the agreement prevails to the extent of the conflict or inconsistency.
Minimum standards 4 For greater certainty, nothing in this Act affects the application of a provision of a provincial Act or regulation to the extent that the provision does not conflict with, or is not inconsistent with, the provisions of this Act.
Nunavut Act 5 Subject to section 4, nothing in this Act affects the Legislature for Nunavut’s legislative powers referred to in section 23 of the Nunavut Act.
Designation of Minister Order in council 6 The Governor in Council may, by order, designate any
federal minister to be the Minister referred to in this Act.
Her Majesty Binding on Her Majesty 7 This Act is binding on Her Majesty in right of Canada or of a province.
Purpose and Principles Purpose 8 The purpose of this Act is to (a) affirm the inherent right of self-government,
which includes jurisdiction in relation to child and family services;
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(b) set out principles applicable, on a national level, to
the provision of child and family services in relation to Indigenous children; and (c) contribute to the implementation of the United Nations Declaration on the Rights of Indigenous Peoples.
Principle — best interests of child 9 (1) This Act is to be interpreted and administered in
accordance with the principle of the best interests of the child. Principle — cultural continuity (2) This Act is to be interpreted and administered in accordance with the principle of cultural continuity as reflected in the following concepts: (a) cultural continuity is essential to the well-being of
a child, a family and an Indigenous group, community or people; (b) the transmission of the languages, cultures, practices, customs, traditions, ceremonies and knowledge of Indigenous peoples is integral to cultural continuity; (c) a child’s best interests are often promoted when
the child resides with members of his or her family and the culture of the Indigenous group, community or people to which he or she belongs is respected; (d) child and family services provided in relation to an
Indigenous child are to be provided in a manner that does not contribute to the assimilation of the Indigenous group, community or people to which the child belongs or to the destruction of the culture of that Indigenous group, community or people; and (e) the characteristics and challenges of the region in
which a child, a family or an Indigenous group, community or people is located are to be considered.
Principle — substantive equality (3) This Act is to be interpreted and administered in accordance with the principle of substantive equality as reflected in the following concepts: (a) the rights and distinct needs of a child with a disability are to be considered in order to promote the child’s participation, to the same extent as other children, in the activities of his or her family or the Indigenous group, community or people to which he or she belongs;
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(b) a child must be able to exercise his or her rights
under this Act, including the right to have his or her views and preferences considered in decisions that affect him or her, and he or she must be able to do so without discrimination, including discrimination based on sex or gender identity or expression; (c) a child’s family member must be able to exercise his or her rights under this Act, including the right to have his or her views and preferences considered in decisions that affect him or her, and he or she must be able to do so without discrimination, including discrimination based on sex or gender identity or expression; (d) the Indigenous governing body acting on behalf of the Indigenous group, community or people to which a child belongs must be able to exercise without discrimination the rights of the Indigenous group, community or people under this Act, including the right to have the views and preferences of the Indigenous group, community or people considered in decisions that affect that Indigenous group, community or people; and (e) in order to promote substantive equality between
Indigenous children and other children, a jurisdictional dispute must not result in a gap in the child and family services that are provided in relation to Indigenous children.
Best Interests of Indigenous Child Best interests of Indigenous child 10 (1) The best interests of the child must be a primary
consideration in the making of decisions or the taking of actions in the context of the provision of child and family services in relation to an Indigenous child and, in the case of decisions or actions related to child apprehension, the best interests of the child must be the paramount consideration. Primary consideration (2) When the factors referred to in subsection (3) are being considered, primary consideration must be given to the child’s physical, emotional and psychological safety, security and well-being, as well as to the importance, for that child, of having an ongoing relationship with his or her family and with the Indigenous group, community or people to which he or she belongs and of preserving the child’s connections to his or her culture.
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Factors to be considered (3) To determine the best interests of an Indigenous child, all factors related to the circumstances of the child must be considered, including (a) the child’s cultural, linguistic, religious and spiritual upbringing and heritage; (b) the child’s needs, given the child’s age and stage of
development, such as the child’s need for stability; (c) the nature and strength of the child’s relationship
with his or her parent, the care provider and any member of his or her family who plays an important role in his or her life; (d) the importance to the child of preserving the
child’s cultural identity and connections to the language and territory of the Indigenous group, community or people to which the child belongs; (e) the child’s views and preferences, giving due weight to the child’s age and maturity, unless they cannot be ascertained; (f) any plans for the child’s care, including care in accordance with the customs or traditions of the Indigenous group, community or people to which the child belongs; (g) any family violence and its impact on the child, including whether the child is directly or indirectly exposed to the family violence as well as the physical, emotional and psychological harm or risk of harm to the child; and (h) any civil or criminal proceeding, order, condition, or measure that is relevant to the safety, security and well-being of the child.
Consistency (4) Subsections (1) to (3) are to be construed in relation
to an Indigenous child, to the extent that it is possible to do so, in a manner that is consistent with a provision of a law of the Indigenous group, community or people to which the child belongs.
Provision of Child and Family Services Effect of services 11 Child and family services provided in relation to an
Indigenous child are to be provided in a manner that
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(a) takes into account the child’s needs, including with
respect to his or her physical, emotional and psychological safety, security and well-being; (b) takes into account the child’s culture; (c) allows the child to know his or her family origins; and (d) promotes substantive equality between the child
and other children. Notice 12 (1) In the context of providing child and family services in relation to an Indigenous child, to the extent that doing so is consistent with the best interests of the child, before taking any significant measure in relation to the child, the service provider must provide notice of the measure to the child’s parent and the care provider, as well as to the Indigenous governing body that acts on behalf of the Indigenous group, community or people to which the child belongs and that has informed the service provider that they are acting on behalf of that Indigenous group, community or people. Personal information (2) The service provider must ensure that the notice provided to an Indigenous governing body under subsection (1) does not contain personal information about the child, a member of the child’s family or the care provider, other than information that is necessary to explain the proposed significant measure or that is required by the Indigenous governing body’s coordination agreement.
Representations and party status 13 In the context of a civil proceeding in respect of the
provision of child and family services in relation to an Indigenous child, (a) the child’s parent and the care provider have the right to make representations and to have party status; and (b) the Indigenous governing body acting on behalf of
the Indigenous group, community or people to which the child belongs has the right to make representations. Priority to preventive care 14 (1) In the context of providing child and family services in relation to an Indigenous child, to the extent that providing a service that promotes preventive care to support the child’s family is consistent with the best interests
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of the child, the provision of that service is to be given priority over other services. Prenatal care (2) To the extent that providing a prenatal service that
promotes preventive care is consistent with what will likely be in the best interests of an Indigenous child after he or she is born, the provision of that service is to be given priority over other services in order to prevent the apprehension of the child at the time of the child’s birth. Socio-economic conditions 15 In the context of providing child and family services
in relation to an Indigenous child, to the extent that it is consistent with the best interests of the child, the child must not be apprehended solely on the basis of his or her socio-economic conditions, including poverty, lack of adequate housing or infrastructure or the state of health of his or her parent or the care provider.
Reasonable efforts 15.1 In the context of providing child and family services in relation to an Indigenous child, unless immediate apprehension is consistent with the best interests of the child, before apprehending a child who resides with one of the child’s parents or another adult member of the child’s family, the service provider must demonstrate that he or she made reasonable efforts to have the child continue to reside with that person.
Placement of Indigenous Child Priority 16 (1) The placement of an Indigenous child in the context of providing child and family services in relation to the child, to the extent that it is consistent with the best interests of the child, is to occur in the following order of priority: (a) with one of the child’s parents; (b) with another adult member of the child’s family; (c) with an adult who belongs to the same Indigenous
group, community or people as the child; (d) with an adult who belongs to an Indigenous group,
community or people other than the one to which the child belongs; or (e) with any other adult.
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Placement with or near other children (2) When the order of priority set out in subsection (1) is
being applied, the possibility of placing the child with or near children who have the same parent as the child, or who are otherwise members of the child’s family, must be considered in the determination of whether a placement would be consistent with the best interests of the child. Customs and traditions (2.1) The placement of a child under subsection (1) must
take into account the customs and traditions of Indigenous peoples such as with regards to customary adoption. Family unity (3) In the context of providing child and family services
in relation to an Indigenous child, there must be a reassessment, conducted on a ongoing basis, of whether it would be appropriate to place the child with (a) a person referred to in paragraph (1)(a), if the child does not reside with such a person; or (b) a person referred to in paragraph (1)(b), if the child does not reside with such a person and unless the child resides with a person referred to in paragraph (1)(a).
Attachment and emotional ties 17 In the context of providing child and family services
in relation to an Indigenous child, if the child is not placed with a member of his or her family in accordance with paragraph 16(1)(a) or (b), to the extent that doing so is consistent with the best interests of the child, the child’s attachment and emotional ties to each such member of his or her family are to be promoted.
Jurisdiction — Child and Family Services Affirmation 18 (1) The inherent right of self-government recognized
and affirmed by section 35 of the Constitution Act, 1982 includes jurisdiction in relation to child and family services, including legislative authority in relation to those services and authority to administer and enforce laws made under that legislative authority.
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Chapter 24: An Act respecting First Nations, Inuit and Métis children, youth and families Jurisdiction — Child and Family Services Sections 18-20
Dispute resolution mechanisms (2) For greater certainty and for the purposes of subsection (1), the authority to administer and enforce laws includes the authority to provide for dispute resolution mechanisms. Application of Canadian Charter of Rights and Freedoms 19 The Canadian Charter of Rights and Freedoms applies to an Indigenous governing body in the exercise of jurisdiction in relation to child and family services on behalf of an Indigenous group, community or people.
Laws of Indigenous Groups, Communities or Peoples Coordination and Application Notice 20 (1) If an Indigenous group, community or people intends to exercise its legislative authority in relation to child and family services, an Indigenous governing body acting on behalf of that Indigenous group, community or people may give notice of that intention to the Minister and the government of each province in which the Indigenous group, community or people is located. Coordination agreement (2) The Indigenous governing body may also request that the Minister and the government of each of those provinces enter into a coordination agreement with the Indigenous governing body in relation to the exercise of the legislative authority, respecting, among other things, (a) the provision of emergency services to ensure the safety, security and well-being of Indigenous children; (b) support measures to enable Indigenous children to exercise their rights effectively; (c) fiscal arrangements, relating to the provision of
child and family services by the Indigenous governing body, that are sustainable, needs-based and consistent with the principle of substantive equality in order to secure long-term positive outcomes for Indigenous children, families and communities and to support the capacity of the Indigenous group, community or people to exercise the legislative authority effectively; and
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Chapter 24: An Act respecting First Nations, Inuit and Métis children, youth and families Laws of Indigenous Groups, Communities or Peoples Coordination and Application Sections 20-21
(d) any other coordination measure related to the effective exercise of the legislative authority. Application — sections 21 and 22 (3) Sections 21 and 22 apply only in respect of an Indigenous group, community or people on whose behalf an Indigenous governing body (a) entered into a coordination agreement; or (b) has not entered into a coordination agreement, although it made reasonable efforts to do so during the period of one year after the day on which the request is made.
Clarification (4) For the purposes of paragraph 3(b), sections 21 and
22 apply beginning on the day after the day on which the period referred to in that paragraph ends. Dispute resolution mechanism (5) If the Indigenous governing body, the Minister and
the government of each of those provinces make reasonable efforts to enter into a coordination agreement but do not enter into a coordination agreement, a dispute resolution mechanism provided for by the regulations made under section 32 may be used to promote entering into a coordination agreement. New request (6) If sections 21 and 22 do not apply in respect of an Indigenous group, community or people, nothing prevents the Indigenous governing body that has already made a request under subsection (2) on behalf of the Indigenous group, community or people from making a new request.
Coordination agreement entered into after one year (7) For greater certainty, even if sections 21 and 22 apply
in respect of an Indigenous group, community or people on behalf of which an Indigenous governing body has not entered into a coordination agreement, nothing prevents the Indigenous governing body from entering into a coordination agreement after the end of the period referred to in paragraph (3)(b). Force of law 21 (1) A law, as amended from time to time, of an Indigenous group, community or people referred to in subsection 20(3) also has, during the period that the law is in force, the force of law as federal law.
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Chapter 24: An Act respecting First Nations, Inuit and Métis children, youth and families Laws of Indigenous Groups, Communities or Peoples Coordination and Application Sections 21-24
Interpretation (2) No federal law, other than this Act, affects the interpretation of a law referred to in subsection (1) by reason only that subsection (1) gives the law the force of law as federal law.
Application of federal laws (3) No federal law, other than this Act and the Canadian Human Rights Act, applies in relation to a law referred to in subsection (1) by reason only that subsection (1) gives the law the force of law as federal law.
Conflict — federal laws 22 (1) If there is a conflict or inconsistency between a
provision respecting child and family services that is in a law of an Indigenous group, community or people and a provision respecting child and family services — other than any of sections 10 to 15 of this Act and the provisions of the Canadian Human Rights Act — that is in a federal Act or regulation, the provision that is in the law of the Indigenous group, community or people prevails to the extent of the conflict or inconsistency. Clarification (2) The reference to a “federal Act or regulation” in subsection (1) does not include a reference to a law that has the force of law under subsection 21(1).
Conflict — provincial laws (3) For greater certainty, if there is a conflict or inconsistency between a provision respecting child and family services that is in a law of an Indigenous group, community or people and a provision respecting child and family services that is in a provincial Act or regulation, the provision that is in the law of the Indigenous group, community or people prevails to the extent of the conflict or inconsistency.
Application to Indigenous children — exception 23 A provision respecting child and family services that is in a law of an Indigenous group, community or people applies in relation to an Indigenous child except if the application of the provision would be contrary to the best interests of the child.
Conflict — stronger ties 24 (1) If there is a conflict or inconsistency between a
provision respecting child and family services that is in a law of an Indigenous group, community or people and a provision respecting child and family services that is in a law of another Indigenous group, community or people, the provision that is in the law of the Indigenous group,
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Chapter 24: An Act respecting First Nations, Inuit and Métis children, youth and families Laws of Indigenous Groups, Communities or Peoples Coordination and Application Sections 24-26
community or people with which the child has stronger ties — taking into consideration his or her habitual residence as well as his or her views and preferences, giving due weight to his or her age and maturity, unless they cannot be ascertained, and the views and preferences of his or her parent and the care provider — prevails to the extent of the conflict or inconsistency.
References to laws (2) Subsection (1) also applies in respect of the provisions of a law that has the force of law under subsection 21(1).
Publication and Accessibility Publication 25 The Minister must (a) as soon as feasible after receiving a notice under subsection 20(1), or a request under subsection 20(2), post on a website the name of the Indigenous group, community or people on whose behalf an Indigenous governing body has given the notice or made the request, as the case may be, and the date on which the notice or request was received; (b) as soon as feasible after a coordination agreement
is entered into, post on a website the name of the Indigenous group, community or people on whose behalf an Indigenous governing body has entered into the coordination agreement and the date on which it was entered into; and (c) as soon as feasible after receiving notice that a law made on behalf of an Indigenous group, community or people contains a provision respecting child and family services, post on a website the name of that Indigenous group, community or people and the date on which the law comes into force.
Accessibility 26 After receiving a copy of a law that contains a provision respecting child and family services made on behalf of an Indigenous group, community or people referred to in subsection 20(3), the Minister is to ensure that the law is made accessible to the public in any manner that the Minister considers appropriate, and to that end may publish the law, as amended from time to time, in the Canada Gazette.
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Chapter 24: An Act respecting First Nations, Inuit and Métis children, youth and families General Sections 27-31
General Role of Minister 27 The Minister may gather information respecting the
child and family services that are provided in relation to Indigenous children and information about individuals in relation to whom those services are provided and facilitate the disclosure of that information to affected families and communities. Agreements — information 28 The Minister may enter into agreements with a provincial government and any Indigenous governing body regarding the collection, retention, use and disclosure of information respecting the child and family services that are provided in relation to Indigenous children in order to, among other things, (a) ensure that Indigenous children are identified as a
First Nations person, an Inuk or a Métis person, as the case may be, and that their communities of origin and those of their parents are identified, when possible, when child and family services are provided in relation to them; (b) support the improvement of those services; and (c) facilitate the disclosure of that information to affected families and communities. Powers of Minister 29 For the purposes of section 27, the Minister may disclose information respecting the child and family services that are provided in relation to Indigenous children and information about individuals in relation to whom those services are provided.
Disclosure of information 30 For the purposes of implementing an agreement referred to in section 28, a provincial government or a public body established under a provincial Act may collect and disclose information respecting the child and family services that are provided in relation to Indigenous children and information about individuals in relation to whom those services are provided.
Five-year review 31 (1) Every five years after the day on which this section comes into force, the Minister must, in collaboration with Indigenous peoples, including representatives of First Nations, the Inuit and the Métis, undertake a review of the provisions and operation of this Act.
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Chapter 24: An Act respecting First Nations, Inuit and Métis children, youth and families General Sections 31-34
Provincial governments (2) For greater certainty, when undertaking the review,
the Minister may also collaborate with provincial governments. Report (3) The Minister must prepare a report on the review
that sets out his or her conclusions and recommendations, including any improvements to the provisions of this Act that he or she recommends. Tabling of report (4) The Minister must cause the report to be tabled in each House of Parliament on any of the first 30 days on which it is sitting after the day on which the report is completed.
Regulations Regulations 32 (1) If affected Indigenous governing bodies were afforded a meaningful opportunity to collaborate in the policy development leading to the making of the regulations, the Governor in Council may make regulations providing for any matter relating to the application of this Act or respecting the provision of child and family services in relation to Indigenous children. Provincial governments (2) For greater certainty, subsection (1) does not prevent provincial governments from collaborating in the policy development referred to in that subsection.
Transitional Provisions Representations and party status 33 In the context of a proceeding referred to in section
13 that is pending on the day on which that section comes into force, the right referred to in that section may be exercised only if its exercise is consistent with the best interests of the child and is appropriate in the circumstances. Regulations 34 (1) If affected Indigenous governing bodies were afforded a meaningful opportunity to collaborate in the policy development leading to the making of the regulations, the Governor in Council may make any regulations that the Governor in Council considers necessary to provide for any other transitional matter arising from the coming into force of this Act.
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Chapter 24: An Act respecting First Nations, Inuit and Métis children, youth and families Transitional Provisions Sections 34-35
Provincial governments (2) For greater certainty, subsection (1) does not prevent
provincial governments from collaborating in the policy development referred to in that subsection.
Coming into Force Order in council 35 The provisions of this Act come into force on a day or
days to be fixed by order of the Governor in Council.
Published under authority of the Speaker of the House of Commons 2015-2016-2017-2018-2019
Disponible sur le site Web de la Chambre des comm
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First Session, Forty-third Parliament, 68 Elizabeth II, 2019
STATUTES OF CANADA 2019
CHAPTER 30
An Act for granting to Her Majesty certain sums of money for the federal public administration for the fiscal year ending March 31, 2020
ASSENTED TO DECEMBER 12, 2019 BILL C-2
SUMMARY This enactment grants the sum of $4,855,257,827 towards defraying charges and expenses of the federal public administration for the fiscal year ending March 31, 2020 that are not otherwise provided for.
i
68 ELIZABETH II
CHAPTER 30
An Act for granting to Her Majesty certain sums of money for the federal public administration for the fiscal year ending March 31, 2020 [Assented to 12th December, 2019] MOST GRACIOUS SOVEREIGN, Preamble Whereas it appears by message from Her Excellency the Right Honourable Julie Payette, Governor General and Commander-in-Chief of Canada, and the Estimates accompanying that message, that the sums mentioned below are required to defray certain expenses of the federal public administration, not otherwise provided for, for the fiscal year ending March 31, 2020, and for other purposes connected with the federal public administration;
May it therefore please Your Majesty, that it may be enacted, and be it enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, that: Short title 1 This Act may be cited as the Appropriation Act No. 3,
2019–20. $4,855,257,827 granted for 2019–20 2 There may be paid out of the Consolidated Revenue
Fund a sum not exceeding in the aggregate $4,855,257,827 towards defraying the various charges and expenses of the federal public administration for the fiscal year ending March 31, 2020, not otherwise provided for, which is the total of the amounts of the items set out in the Supplementary Estimates (A) for that fiscal year as set out in Schedules 1 and 2.
Chapter 30: Appropriation Act No. 3, 2019–20 Sections 3-6
Transfers of appropriations 3 The transfers of appropriations set out in the Estimates referred to in section 2 are deemed to have been authorized on April 1, 2019. Purpose of each item 4 (1) The amount authorized by this Act to be paid in respect of an item may be paid only for the purposes, and subject to any terms and conditions, specified in the item. Effective date (2) The provisions of each item set out in Schedules 1
and 2 are deemed to have effect as of April 1, 2019. Adjustments in accounts of Canada — Schedule 1 5 An appropriation that is granted by this Act or any other Act and referred to in Schedule 1 may be charged after the end of the fiscal year for which the appropriation is granted at any time before the day on which the Public Accounts for that fiscal year are tabled in Parliament, for the purpose of making adjustments in the accounts of Canada for that fiscal year that do not require payments out of the Consolidated Revenue Fund.
Adjustments in accounts of Canada — Schedule 2 6 (1) An appropriation that is granted by this Act or any other Act and referred to in Schedule 2 may be charged after the end of the fiscal year following the fiscal year for which the appropriation is granted at any time before the day on which the Public Accounts for that second fiscal year are tabled in Parliament, for the purpose of making adjustments in the accounts of Canada for that second fiscal year that do not require payments out of the Consolidated Revenue Fund.
Order of payment (2) Despite any other provision of this Act, amounts appropriated by this Act and set out in Schedule 2 may be paid and applied at any time on or before March 31, 2021, so long as every payment is charged first against the relevant amount appropriated under any Act that is earliest in time until that amount is exhausted, next against the relevant amount appropriated under any other Act, including this Act, that is next in time until that amount is exhausted and so on. The balance of amounts so appropriated by this Act that have not been charged, subject to the adjustments referred to in section 37 of the Financial Administration Act, lapse at the end of the fiscal year following the fiscal year ending March 31, 2020.
Chapter 30: Appropriation Act No. 3, 2019–20 SCHEDULE 1
SCHEDULE 1
Based on the Supplementary Estimates (A), 2019–20, the amoun the items set out in this Schedule.
Sums granted to Her Majesty by this Act for the fiscal year ending Vote No.
Items CANADA MORTGAGE AND HOUSING CORPORATION Société canadienne d’hypothèques et de logement
1a
– Payments to reimburse the Corporation for the amount grants, contributions and expenditures made, and losse curred, (a) under the National Housing Act; or
(b) in the course of the exercise of powers or the car functions conferred on the Corporation under any o accordance with the Corporation’s authority under t Housing Corporation Act
CANADIAN ACCESSIBILITY STANDARDS DEVELOPMENT Organisation canadienne d’élaboration de normes d’ac 1a
– Operating expenditures
5a
– The grants listed in any of the Estimates for the fiscal ye – Contributions
CANADIAN AIR TRANSPORT SECURITY AUTHORITY Administration canadienne de la sûreté du transport aé 1a
– Payments to the Authority for operating and capital exp CANADIAN INSTITUTES OF HEALTH RESEARCH Instituts de recherche en santé du Canada
5a
– The grants listed in any of the Estimates for the fiscal ye
CANADIAN NORTHERN ECONOMIC DEVELOPMENT AGEN Agence canadienne de développement économique du 1a
– Operating expenditures
5a
– The grants listed in any of the Estimates for the fiscal ye – Contributions COMMUNICATIONS SECURITY ESTABLISHMENT Centre de la sécurité des télécommunications
1a
– Program expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal including the provision of internal support services und CORRECTIONAL SERVICE OF CANADA Service correctionnel du Canada 1a
– Operating expenditures
– The grants listed in any of the Estimates for the fiscal ye – Contributions
– Authority to deposit into the Inmate Welfare Fund reven cal year from projects operated by inmates and finance
Chapter 30: Appropriation Act No. 3, 2019–20 SCHEDULE 1
Vote No.
Items
– Authority to operate canteens in federal institutions and fiscal year, revenue from sales into the Inmate Welfare
– Payments, in accordance with terms and conditions pre in Council,
(a) to or on behalf of discharged inmates who suffer caused by participation in normal program activity i
(b) to dependants of deceased inmates and discharg deaths resulted from participation in normal progra tutions
– Authority for the Minister of Public Safety and Emergen to the approval of the Governor in Council, to enter into province for
(a) the confinement in institutions of that province o committed or transferred to a penitentiary;
(b) compensation for the maintenance of such perso
(c) payment in respect of the construction and relate tions DEPARTMENT FOR WOMEN AND GENDER EQUALITY Ministère des Femmes et de l’Égalité des genres 5a
– The grants listed in any of the Estimates for the fiscal ye – Contributions DEPARTMENT OF CANADIAN HERITAGE Ministère du Patrimoine canadien
1a
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal
(a) the activities of the Canadian Conservation Instit itage Information Network and the Canadian Audio(b) activities undertaken under the Capital Experienc
(c) the provision of internal support services under s
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 5a
– The grants listed in any of the Estimates for the fiscal ye – Contributions DEPARTMENT OF CITIZENSHIP AND IMMIGRATION Ministère de la Citoyenneté et de l’Immigration
1a
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year from the provision of services related to Canada — revenues that it receives in that fiscal year fr services
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the
Chapter 30: Appropriation Act No. 3, 2019–20 SCHEDULE 1
Vote No.
Items
down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 5a
– Capital expenditures
10a
– The grants listed in any of the Estimates for the fiscal ye
– Contributions, including the provision of goods and ser
DEPARTMENT OF CROWN-INDIGENOUS RELATIONS AND Ministère des Relations Couronne-Autochtones et des A 1a
– Operating expenditures – Expenditures on works, buildings and equipment
– Authority to make expenditures — recoverable or other formed on property that is not federal property and on spect of that property
– Authority to provide, in respect of Indian and Inuit econ ties, for the capacity development for Indians and Inuit terials and equipment – Authority to sell electric power to private consumers in alternative local sources of supply are not available, in and conditions approved by the Governor in Council
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela incurs in that fiscal year — revenues that it receives in t provision of internal support services under section 29.
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 5a
– Capital expenditures – Expenditures on buildings, works, land and equipment ownership of which
(a) may be transferred to provincial governments on approved by the Governor in Council; or
(b) may be transferred to Indian bands, groups of In ans at the discretion of the Minister of Crown-Indige – Expenditures on buildings, works, land and equipment federal property
– Authority to make recoverable expenditures on roads a amounts not exceeding the shares of provincial govern 10a
– The grants listed in any of the Estimates for the fiscal ye – Contributions
DEPARTMENT OF EMPLOYMENT AND SOCIAL DEVELOPM Ministère de l’Emploi et du Développement social 1a
– Operating expenditures
– Authority to make recoverable expenditures in relation Canada Pension Plan and the Employment Insurance A
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela incurs in that fiscal year — revenues that it receives in t
(a) the provision of services to assist provinces in th provincial programs funded under Labour Market D
Chapter 30: Appropriation Act No. 3, 2019–20 SCHEDULE 1
Vote No.
Items
(b) the provision of internal support services under s
(c) any amount charged to a Crown corporation und Government Employees Compensation Act in relatio for subrogated claims for Crown corporations; and
(d) the portion of the Government Employees Comp tal or agency subrogated claim settlements related t
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 5a
– The grants listed in any of the Estimates for the fiscal ye – Contributions DEPARTMENT OF FINANCE Ministère des Finances
1a
– Program expenditures – Contributions
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela incurs in that fiscal year — revenues that it receives in t provision of internal support services under section 29.
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min DEPARTMENT OF FISHERIES AND OCEANS Ministère des Pêches et des Océans 1a
– Operating expenditures
– Canada’s share of expenses of the international fisherie – Authority to provide free office accommodation for the commissions
– Authority to make recoverable advances in the amounts ternational fisheries commissions of joint cost projects
– Authority to make recoverable advances for transportat er shipping services performed for individuals, outside ernments in the course of, or arising out of, the exercis tion, including aids to navigation and shipping
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal (a) in the course of, or arising from, the activities of Guard; and
(b) from the provision of internal support services u Act
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 5a
– Capital expenditures
Chapter 30: Appropriation Act No. 3, 2019–20 SCHEDULE 1
Vote No.
Items
– Authority to make payments to provinces, municipalitie thorities as contributions towards construction done by – Authority for the purchase and disposal of commercial 10a
– The grants listed in any of the Estimates for the fiscal ye – Contributions
DEPARTMENT OF FOREIGN AFFAIRS, TRADE AND DEVEL Ministère des Affaires étrangères, du Commerce et du 1a
– Operating expenditures, including those related to the a representatives abroad, to the staff of those representa ment of Canadians to the staffs of international organiz
– Authority to make recoverable advances to internationa amounts not exceeding the amounts of the shares of th
– Expenditures in respect of the provision of office accom tional Civil Aviation Organization
– Authority to make recoverable expenditures for assistan distressed Canadian citizens and Canadian residents w their dependants
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela incurs in that fiscal year — revenues that it receives in t (a) trade and education fairs; (b) departmental publications; and (c) the following services:
(i) training services provided by the Canadian Fo
(ii) trade missions and other international busine (iii) investment development services, (iv) international telecommunication services,
(v) other services provided abroad to other depa Crown corporations and non-federal organization (vi) specialized consular services
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 5a
– Capital expenditures
10a
– The grants listed in any of the Estimates for the fiscal ye
– Contributions, including payments for other specified p sion of goods and services for (a) the promotion of trade and investment; and
(b) international humanitarian assistance and assist national security, international development and glo DEPARTMENT OF HEALTH Ministère de la Santé 1a
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal
Chapter 30: Appropriation Act No. 3, 2019–20 SCHEDULE 1
Vote No.
Items
(a) the provision of services or the sale of products r being and to regulatory activities; and
(b) the provision of internal support services under s
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 5a
– Capital expenditures DEPARTMENT OF INDIGENOUS SERVICES Ministère des Services aux Autochtones
1a
– Operating expenditures – Expenditures on works, buildings and equipment
– Authority to make expenditures — recoverable or other formed on property that is not federal property and on spect of that property
– Authority to provide, in respect of Indian and Inuit econ ties, for the capacity development for Indians and Inuit terials and equipment – Authority to sell electric power to private consumers in alternative local sources of supply are not available, in and conditions approved by the Governor in Council
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela incurs in that fiscal year — revenues that it receives in t
(a) the provision of services or the sale of products r tion and medical services; and
(b) the provision of internal support services under s
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 10a
– The grants listed in any of the Estimates for the fiscal ye
– Contributions, in the form of monetary payments or the services DEPARTMENT OF NATIONAL DEFENCE Ministère de la Défense nationale 1a
– Operating expenditures
– Authority for total commitments, subject to allotment b of $32,283,582,335 for the purposes of Votes 1, 5 and 10 gardless of the year in which the payment of those com which it is estimated that $12,140,735,346 will come du years)
– Authority, subject to the direction of the Treasury Board penditures or advances in respect of materials supplied formed on behalf of, individuals, corporations, outside departments and agencies and other governments – Payments
(a) in respect of pension, insurance and social secur rangements for employees locally engaged outside
Chapter 30: Appropriation Act No. 3, 2019–20 SCHEDULE 1
Vote No.
Items
(b) in respect of the administration of such program cluding premiums, contributions, benefit payments, tures made in respect of such employees and for an Treasury Board determines
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela incurs in that fiscal year — revenues that it receives in t from the provision of internal support services under se
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 5a
– Capital expenditures
DEPARTMENT OF PUBLIC SAFETY AND EMERGENCY PRE Ministère de la Sécurité publique et de la Protection civ 1a
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela incurs in that fiscal year — revenues that it receives in t from the provision of internal support services under se
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 5a
– The grants listed in any of the Estimates for the fiscal ye – Contributions
DEPARTMENT OF PUBLIC WORKS AND GOVERNMENT S Ministère des Travaux publics et des Services gouverne 1a
– Operating expenditures for the provision of accommod tral services
– Authority to make recoverable expenditures in relation Canada Pension Plan, the Employment Insurance Act a Management Act
– Authority to expend revenues that it receives during the the provision of accommodation, common and central
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal provision of internal support services under section 29.
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 5a
– Capital expenditures including expenditures on works o ty
– Authority to reimburse lessees of federal real property o improvements authorized by the Minister of Public Wo vices
Chapter 30: Appropriation Act No. 3, 2019–20 SCHEDULE 1
Vote No.
Items DEPARTMENT OF TRANSPORT Ministère des Transports
1a
– Operating expenditures
– Authority to make expenditures on other than federal p or arising out of the exercise of jurisdiction in, aeronau – Authority for the payment of commissions for revenue nautics Act
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal provision of internal support services under section 29.
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 10a
Grants and contributions – Efficient Transportation System
– The grants listed in any of the Estimates for the fiscal ye – Contributions 15a
Grants and contributions – Green and Innovative Transpor
– The grants listed in any of the Estimates for the fiscal ye – Contributions 20a
Grants and contributions – Safe and Secure Transportation
– The grants listed in any of the Estimates for the fiscal ye – Contributions DEPARTMENT OF VETERANS AFFAIRS Ministère des Anciens Combattants 1a
– Operating expenditures
– Expenditures related to the upkeep of real property or im cluding engineering and other investigatory planning e tangible value to the property, payment of taxes, insura
– Expenditures related to, subject to the approval of the G
(a) necessary remedial work on properties construct price contracts and sold under the Veterans’ Land A correct defects for which neither the veteran nor the financially responsible; and
(b) other work on other properties that is required to terest or right in those properties
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 5a
– The grants listed in any of the Estimates for the fiscal ye listed for any grant may be increased or decreased, sub the Treasury Board – Contributions HOUSE OF COMMONS Chambre des communes
Chapter 30: Appropriation Act No. 3, 2019–20 SCHEDULE 1
Vote No. 1a
Items
– Program expenditures, including payments in respect o Members’ constituency offices – Contributions
– Authority to expend revenues that it receives during the its activities
INTERNATIONAL JOINT COMMISSION (CANADIAN SECT Commission mixte internationale (section canadienne) 1a
– Program expenditures – Expenses of the Canadian Section, including salaries – Expenses of studies, surveys and investigations by the national References – Expenses of the Commission under the Canada-United Quality Agreement LIBRARY AND ARCHIVES OF CANADA Bibliothèque et Archives du Canada
1a
– Operating expenditures – Contributions
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela incurs in that fiscal year — revenues that it receives in t
(a) the provision of access to the collection and the r from the collection; and
(b) the provision of internal support services under s MARINE ATLANTIC INC. Marine Atlantique S.C.C. 1a
– Payments to the corporation in respect of the costs of it – Payments to the corporation for capital expenditures
– Payments to the corporation for transportation services transportation services between Nova Scotia and Newf and related vessels, terminals and infrastructure
NATIONAL SECURITY AND INTELLIGENCE REVIEW AGEN Secrétariat de l’Office de surveillance des activités en m nationale et de renseignement 1a
– Program expenditures
NATURAL SCIENCES AND ENGINEERING RESEARCH COU Conseil de recherches en sciences naturelles et en géni 5a
– The grants listed in any of the Estimates for the fiscal ye
OFFICES OF THE INFORMATION AND PRIVACY COMMISS Commissariats à l’information et à la protection de la v 1a
– Program expenditures — Office of the Information Com PRIVY COUNCIL OFFICE Bureau du Conseil privé
1a
– Program expenditures, including
Chapter 30: Appropriation Act No. 3, 2019–20 SCHEDULE 1
Vote No.
Items
(a) operating expenditures of Commissions of Inqui for;
(b) contributions in respect of costs incurred by pers Commissions of Inquiry; and (c) the operation of the Prime Minister’s residence
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela incurs in that fiscal year — revenues that it receives in t
(a) the provision of intelligence analysis training; an
(b) the provision of internal support services under s
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min ROYAL CANADIAN MOUNTED POLICE Gendarmerie royale du Canada 1a
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela incurs in that fiscal year — revenues that it receives in t from the provision of internal support services under se 5a
– Capital expenditures
10a
– The grants listed in any of the Estimates for the fiscal ye listed for any grant may be increased or decreased, sub the Treasury Board – Contributions SHARED SERVICES CANADA Services partagés Canada
1a
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year from the provision of information techn Shared Services Canada Act — revenues that it receive the provision of those services 5a
– Capital expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset cap incurs in that fiscal year — revenues that it receives in t provision of information technology services under the Act
SOCIAL SCIENCES AND HUMANITIES RESEARCH COUNC Conseil de recherches en sciences humaines 1a
– Operating expenditures
5a
– The grants listed in any of the Estimates for the fiscal ye STATISTICS CANADA Statistique Canada
1a
– Program expenditures
– The grants listed in any of the Estimates for the fiscal ye
Chapter 30: Appropriation Act No. 3, 2019–20 SCHEDULE 1
Vote No.
Items
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela incurs in that fiscal year — revenues that it receives in t from the provision of internal support services under se TELEFILM CANADA Téléfilm Canada 1a
– Payments to the corporation to be used for the purpose Canada Act TREASURY BOARD SECRETARIAT Secrétariat du Conseil du Trésor
1a
– Program expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal of internal support services under section 29.2 of that A tivities
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 10a
Government-wide Initiatives
– Authority granted to the Treasury Board to supplement for the fiscal year in support of the implementation of s tiatives in the federal public administration 15a
Compensation Adjustments
– Authority granted to the Treasury Board to supplement for the fiscal year that may need to be partially or fully justments made to terms and conditions of service or e public administration, including the Royal Canadian Mo of members of the Canadian Forces, persons appointed Council and employees of Crown corporations as defin the Financial Administration Act
Chapter 30: Appropriation Act No. 3, 2019–20 SCHEDULE 1 (French)
ANNEXE 1 D’après le Budget supplémentaire des dépenses (A) 2019-2020, la des postes figurant à la présente annexe.
Sommes accordées par la présente loi à Sa Majesté pour l’exercice dées. No du crédit
Postes
ADMINISTRATION CANADIENNE DE LA SÛRETÉ DU TRAN Canadian Air Transport Security Authority 1a
– Paiements à l’Administration pour les dépenses de fonc penses en capital
AGENCE CANADIENNE DE DÉVELOPPEMENT ÉCONOMIQ Canadian Northern Economic Development Agency 1a
– Dépenses de fonctionnement
5a
– Subventions inscrites à tout budget des dépenses pour – Contributions BIBLIOTHÈQUE ET ARCHIVES DU CANADA Library and Archives of Canada
1a
– Dépenses de fonctionnement – Contributions
– Autorisation, au titre du paragraphe 29.1(2) de la Loi sur publiques, d’affecter, au cours de l’exercice, à la compe connexes engagées au cours de cet exercice, les recette lui-ci qui proviennent de ce qui suit :
a) les droits d’accès à la collection et les frais de rep celle-ci;
b) la prestation de services de soutien internes en ve cette loi. BUREAU DU CONSEIL PRIVÉ Privy Council Office 1a
– Dépenses du programme, y compris :
a) les dépenses de fonctionnement des commission
b) les contributions relatives aux frais engagés par d sant devant des commissions d’enquête;
c) le fonctionnement de la résidence du premier min
– Autorisation, au titre du paragraphe 29.1(2) de la Loi sur publiques, d’affecter, au cours de l’exercice, à la compe connexes engagées au cours de cet exercice, les recette lui-ci qui proviennent de ce qui suit :
a) la formation en matière d’analyse du renseignem
b) la prestation de services de soutien internes en ve cette loi.
– Versement, à chacun des membres du Conseil privé de qui occupe une charge de ministre sans portefeuille ou de ministre d’État sans être à la tête d’un département d n’excédant pas celui versé, au titre de la Loi sur les trait d’État qui sont à la tête d’un département d’État, payab prorata pour toute période de moins d’un an et arrondi inférieure en application de l’article 67 de la Loi sur le P
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Postes CENTRE DE LA SÉCURITÉ DES TÉLÉCOMMUNICATIONS Communications Security Establishment
1a
– Dépenses du programme
– Autorisation, au titre du paragraphe 29.1(2) de la Loi sur publiques, d’affecter, au cours de l’exercice, à la compe gagées au cours de cet exercice, les recettes perçues au viennent de ses activités, notamment la prestation de s ternes en vertu de l’article 29.2 de cette loi CHAMBRE DES COMMUNES House of Commons 1a
– Dépenses du programme, notamment les paiements lié bureaux de circonscription des députés – Contributions – Autorisation de dépenser les recettes perçues au cours viennent de ses activités
COMMISSARIATS À L’INFORMATION ET À LA PROTECTIO CANADA Offices of the Information and Privacy Commissioners o 1a
– Dépenses du programme — Commissariat à l’informatio
COMMISSION MIXTE INTERNATIONALE (SECTION CANA International Joint Commission (Canadian Section) 1a
– Dépenses du programme
– Dépenses de la section canadienne, y compris les traitem
– Dépenses relatives aux études, enquêtes et relevés exéc en vertu du mandat international qui lui est confié
– Dépenses faites par la Commission en vertu de l’Accord États-Unis relatif à la qualité de l’eau dans les Grands L CONSEIL DE RECHERCHES EN SCIENCES HUMAINES Social Sciences and Humanities Research Council 1a
– Dépenses de fonctionnement
5a
– Subventions inscrites à tout budget des dépenses pour
CONSEIL DE RECHERCHES EN SCIENCES NATURELLES E Natural Sciences and Engineering Research Council 5a
– Subventions inscrites à tout budget des dépenses pour GENDARMERIE ROYALE DU CANADA Royal Canadian Mounted Police
1a
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Loi sur publiques, d’affecter, au cours de l’exercice, à la compe connexes engagées au cours de cet exercice, les recette lui-ci qui proviennent notamment de la prestation de se en vertu de l’article 29.2 de cette loi 5a
– Dépenses en capital
10a
– Subventions inscrites à tout budget des dépenses pour prévu pour chaque subvention pouvant être modifié so tion du Conseil du Trésor
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Postes – Contributions INSTITUTS DE RECHERCHE EN SANTÉ DU CANADA Canadian Institutes of Health Research
5a
– Subventions inscrites à tout budget des dépenses pour MARINE ATLANTIQUE S.C.C. Marine Atlantic Inc.
1a
– Paiements à la société pour les dépenses liées à sa gest – Paiements à la société pour les dépenses en capital
– Paiements à la société pour les services de transport, y transport maritime entre la Nouvelle-Écosse et Terre-Ne navires, terminaux et infrastructures connexes MINISTÈRE DE LA CITOYENNETÉ ET DE L’IMMIGRATION Department of Citizenship and Immigration 1a
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Loi sur publiques, d’affecter, au cours de l’exercice, à la compe gagées au cours de cet exercice pour la prestation de se programme « Expérience internationale Canada », les re de cet exercice qui proviennent de la prestation de ces
– Versement, à chacun des membres du Conseil privé de qui occupe une charge de ministre sans portefeuille ou de ministre d’État sans être à la tête d’un département d n’excédant pas celui versé, au titre de la Loi sur les trait d’État qui sont à la tête d’un département d’État, payab prorata pour toute période de moins d’un an et arrondi inférieure en application de l’article 67 de la Loi sur le P 5a
– Dépenses en capital
10a
– Subventions inscrites à tout budget des dépenses pour
– Contributions, y compris la fourniture de biens et de ser MINISTÈRE DE LA DÉFENSE NATIONALE Department of National Defence 1a
– Dépenses de fonctionnement
– Autorisation de contracter, sous réserve d’affectation pa des engagements totalisant 32 283 582 335 $ à l’égard d ministère, quelle que soit l’année au cours de laquelle s ment afférent à l’un ou l’autre de ces engagements (et d tranche de 12 140 735 346 $ deviendra payable dans les
– Autorisation de faire des dépenses ou des avances reco des directives du Conseil du Trésor, à l’égard du matéri liers, des sociétés, des organismes extérieurs, d’autres fédéraux et d’autres administrations, ou des services re – Paiements effectués dans le cadre :
a) de programmes de pension, d’assurance et de séc ententes pour les employés recrutés sur place à l’ex
b) de l’administration de ces programmes ou entent contributions, avantages, frais et autres dépenses en recrutés sur place à l’extérieur du Canada et pour d’ minées par le Conseil du Trésor.
– Autorisation, au titre du paragraphe 29.1(2) de la Loi sur publiques, d’affecter, au cours de l’exercice, à la compe
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connexes engagées au cours de cet exercice, les recette lui-ci qui proviennent notamment de la prestation de se en vertu de l’article 29.2 de cette loi
– Versement, à chacun des membres du Conseil privé de qui occupe une charge de ministre sans portefeuille ou de ministre d’État sans être à la tête d’un département d n’excédant pas celui versé, au titre de la Loi sur les trait d’État qui sont à la tête d’un département d’État, payab prorata pour toute période de moins d’un an et arrondi inférieure en application de l’article 67 de la Loi sur le P 5a
– Dépenses en capital MINISTÈRE DE LA SANTÉ Department of Health
1a
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Loi sur publiques, d’affecter, au cours de l’exercice, à la compe gagées au cours de cet exercice, les recettes perçues au viennent de ce qui suit :
a) la prestation de services – ou la vente de produits au bien-être et aux activités de réglementation;
b) la prestation de services de soutien internes en ve cette loi.
– Versement, à chacun des membres du Conseil privé de qui occupe une charge de ministre sans portefeuille ou de ministre d’État sans être à la tête d’un département d n’excédant pas celui versé, au titre de la Loi sur les trait d’État qui sont à la tête d’un département d’État, payab prorata pour toute période de moins d’un an et arrondi inférieure en application de l’article 67 de la Loi sur le P 5a
– Dépenses en capital
MINISTÈRE DE LA SÉCURITÉ PUBLIQUE ET DE LA PROTEC Department of Public Safety and Emergency Preparedn 1a
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Loi sur publiques, d’affecter, au cours de l’exercice, à la compe connexes engagées au cours de cet exercice, les recette lui-ci qui proviennent notamment de la prestation de se en vertu de l’article 29.2 de cette loi
– Versement, à chacun des membres du Conseil privé de qui occupe une charge de ministre sans portefeuille ou de ministre d’État sans être à la tête d’un département d n’excédant pas celui versé, au titre de la Loi sur les trait d’État qui sont à la tête d’un département d’État, payab prorata pour toute période de moins d’un an et arrondi inférieure en application de l’article 67 de la Loi sur le P 5a
– Subventions inscrites à tout budget des dépenses pour – Contributions
MINISTÈRE DE L’EMPLOI ET DU DÉVELOPPEMENT SOCIA Department of Employment and Social Development 1a
– Dépenses de fonctionnement
– Autorisation d’effectuer des dépenses recouvrables liée gime de pensions du Canada et de la Loi sur l’assuranc
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– Autorisation, au titre du paragraphe 29.1(2) de la Loi sur publiques, d’affecter, au cours de l’exercice, à la compe connexes engagées au cours de cet exercice, les recette lui-ci qui proviennent de ce qui suit :
a) les services visant à aider les provinces à adminis vinciaux financés aux termes des ententes sur le dév du travail;
b) les services de soutien internes fournis en vertu d loi;
c) tout montant facturé à une société d’État en vertu sur l’indemnisation des agents de l’État en lien avec les recours par subrogation pour les sociétés d’État;
d) la portion des coûts de litige découlant des règlem de réclamation auprès de tiers pour les ministères e vertu de la Loi sur l’indemnisation des agents de l’Ét
– Versement, à chacun des membres du Conseil privé de qui occupe une charge de ministre sans portefeuille ou de ministre d’État sans être à la tête d’un département d n’excédant pas celui versé, au titre de la Loi sur les trait d’État qui sont à la tête d’un département d’État, payab prorata pour toute période de moins d’un an et arrondi inférieure en application de l’article 67 de la Loi sur le P 5a
– Subventions inscrites à tout budget des dépenses pour – Contributions
MINISTÈRE DES AFFAIRES ÉTRANGÈRES, DU COMMERCE DÉVELOPPEMENT Department of Foreign Affairs, Trade and Development 1a
– Dépenses de fonctionnement, y compris celles liées à la tants du Canada à l’étranger, à leur personnel et aux Ca gouvernement canadien au personnel d’organismes int
– Autorisation de faire des avances recouvrables à des or jusqu’à concurrence de la valeur des actions détenues a
– Dépenses relatives aux locaux de l’Organisation de l’avi
– Autorisation d’effectuer des dépenses recouvrables pou sidents canadiens qui se trouvent en difficulté à l’étrang sonnes à charge, et pour rapatrier ces personnes
– Autorisation, au titre du paragraphe 29.1(2) de la Loi sur publiques, d’affecter, au cours de l’exercice, à la compe connexes engagées au cours de cet exercice, les recette lui-ci qui proviennent de ce qui suit : a) les foires commerciales et éducatives; b) les publications ministérielles; c) la prestation des services suivants :
(i) la formation offerte par l’Institut canadien du s (ii) les missions commerciales et autres services commerce international,
(iii) les services de développement des investisse
(iv) les services de télécommunication internation
(v) les autres services fournis à l’étranger à d’aut nismes, sociétés d’État et autres organisations no (vi) les services consulaires spécialisés.
– Versement, à chacun des membres du Conseil privé de qui occupe une charge de ministre sans portefeuille ou
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de ministre d’État sans être à la tête d’un département d n’excédant pas celui versé, au titre de la Loi sur les trait d’État qui sont à la tête d’un département d’État, payab prorata pour toute période de moins d’un an et arrondi inférieure en application de l’article 67 de la Loi sur le P 5a
– Dépenses en capital
10a
– Subventions inscrites à tout budget des dépenses pour
– Contributions, y compris les paiements à d’autres fins p de biens et de services pour :
a) la promotion du commerce et de l’investissement
b) l’aide humanitaire internationale et l’aide fournie ternationale, le développement international et la pa MINISTÈRE DES ANCIENS COMBATTANTS Department of Veterans Affairs 1a
– Dépenses de fonctionnement
– Dépenses afférentes à l’entretien des biens immeubles o celles relatives à des travaux de génie et de recherche t aucune valeur tangible au bien ainsi que le paiement de services publics
– Sous réserve de l’approbation du gouverneur en consei rentes :
a) aux travaux de réparation nécessaires sur des pro vertu de contrats particuliers à prix ferme et vendue sur les terres destinées aux anciens combattants (S. de corriger des défectuosités dont ni l’ancien comba peuvent être tenus financièrement responsables;
b) à tout autre travail qui s’impose sur d’autres prop der le droit ou l’intérêt que le directeur possède à l’é
– Versement, à chacun des membres du Conseil privé de qui occupe une charge de ministre sans portefeuille ou de ministre d’État sans être à la tête d’un département d n’excédant pas celui versé, au titre de la Loi sur les trait d’État qui sont à la tête d’un département d’État, payab prorata pour toute période de moins d’un an et arrondi inférieure en application de l’article 67 de la Loi sur le P 5a
– Subventions inscrites à tout budget des dépenses pour crit à chacune des subventions pouvant être modifié so tion du Conseil du Trésor – Contributions MINISTÈRE DES FEMMES ET DE L’ÉGALITÉ DES GENRES Department for Women and Gender Equality
5a
– Subventions inscrites à tout budget des dépenses pour – Contributions MINISTÈRE DES FINANCES Department of Finance
1a
– Dépenses du programme – Contributions
– Autorisation, au titre du paragraphe 29.1(2) de la Loi sur publiques, d’affecter, au cours de l’exercice, à la compe connexes engagées au cours de cet exercice, les recette
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Postes celui-ci qui proviennent de la prestation de services de de l’article 29.2 de cette loi
– Versement, à chacun des membres du Conseil privé de qui occupe une charge de ministre sans portefeuille ou de ministre d’État sans être à la tête d’un département d n’excédant pas celui versé, au titre de la Loi sur les trait d’État qui sont à la tête d’un département d’État, payab prorata pour toute période de moins d’un an et arrondi inférieure en application de l’article 67 de la Loi sur le P MINISTÈRE DES PÊCHES ET DES OCÉANS Department of Fisheries and Oceans 1a
– Dépenses de fonctionnement
– Participation du Canada aux dépenses des commissions pêches
– Autorisation de fournir gratuitement des locaux aux com des pêches
– Autorisation de faire des avances recouvrables équivale quote-part de ces commissions dans les programmes à
– Autorisation de faire des avances recouvrables pour des d’arrimage et d’autres services de la marine marchande liers, à des organismes indépendants et à d’autres gouv l’exercice de sa compétence en matière de navigation, y navigation et à la navigation maritime
– Autorisation, au titre du paragraphe 29.1(2) de la Loi sur publiques, d’affecter, au cours de l’exercice, à la compe gagées au cours de cet exercice, les recettes perçues au viennent de ce qui suit : a) les activités de la Garde côtière canadienne;
b) la prestation de services de soutien internes en ve cette loi.
– Versement, à chacun des membres du Conseil privé de qui occupe une charge de ministre sans portefeuille ou de ministre d’État sans être à la tête d’un département d n’excédant pas celui versé, au titre de la Loi sur les trait d’État qui sont à la tête d’un département d’État, payab prorata pour toute période de moins d’un an et arrondi inférieure en application de l’article 67 de la Loi sur le P 5a
– Dépenses en capital
– Autorisation de faire des paiements aux provinces, aux torités locales ou privées à titre de contributions à des t entrepris par ces administrations ou autorités
– Autorisation d’acheter des bateaux de pêche commercia 10a
– Subventions inscrites à tout budget des dépenses pour – Contributions
MINISTÈRE DES RELATIONS COURONNE-AUTOCHTONES NORD Department of Crown-Indigenous Relations and Northe 1a
– Dépenses de fonctionnement
– Dépenses relatives aux ouvrages, bâtiments et matériel
– Autorisation d’effectuer des dépenses — recouvrables o travaux effectués sur des propriétés n’appartenant pas et aux services fournis à l’égard de celles-ci
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– Autorisation d’affecter des fonds dans le cadre d’activité économique des Indiens et des Inuits, relatives au déve des Indiens et des Inuits et à l’approvisionnement en m
– Autorisation de vendre de l’électricité, conformément au par le gouverneur en conseil, aux consommateurs qui s vant dans des centres éloignés lorsque ces derniers n’o alternatives locales d’approvisionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Loi sur publiques, d’affecter, au cours de l’exercice, à la compe connexes engagées au cours de cet exercice, les recette lui-ci qui proviennent de la prestation de services de so l’article 29.2 de cette loi
– Versement, à chacun des membres du Conseil privé de qui occupe une charge de ministre sans portefeuille ou de ministre d’État sans être à la tête d’un département d n’excédant pas celui versé, au titre de la Loi sur les trait d’État qui sont à la tête d’un département d’État, payab prorata pour toute période de moins d’un an et arrondi inférieure en application de l’article 67 de la Loi sur le P 5a
– Dépenses en capital
– Dépenses relatives aux bâtiments, ouvrages, terrains et le contrôle et la propriété peuvent être transférés :
a) soit aux gouvernements provinciaux, selon les co le gouverneur en conseil;
b) soit à des bandes indiennes ou à des Indiens, à tit à la discrétion du ministre des Relations Couronne-A
– Dépenses relatives aux bâtiments, ouvrages, terrains et l’égard de propriétés n’appartenant pas au gouverneme
– Autorisation d’effectuer des dépenses recouvrables pou sant pas la part des frais assumés par les gouvernemen routes et ouvrages connexes 10a
– Subventions inscrites à tout budget des dépenses pour – Contributions MINISTÈRE DES SERVICES AUX AUTOCHTONES Department of Indigenous Services
1a
– Dépenses de fonctionnement
– Dépenses relatives aux ouvrages, bâtiments et matériel
– Autorisation d’effectuer des dépenses — recouvrables o travaux effectués sur des propriétés n’appartenant pas et aux services fournis à l’égard de celles-ci
– Autorisation d’affecter des fonds dans le cadre d’activité économique des Indiens et des Inuits, relatives au déve des Indiens et des Inuits et à l’approvisionnement en m
– Autorisation de vendre de l’électricité, conformément au par le gouverneur en conseil, aux consommateurs qui s vant dans des centres éloignés lorsque ces derniers n’o alternatives locales d’approvisionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Loi sur publiques, d’affecter, au cours de l’exercice, à la compe connexes engagées au cours de cet exercice, les recette lui-ci qui proviennent de ce qui suit :
a) la prestation de services ou la vente de produits s tion de la santé et aux services médicaux;
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No du crédit
Postes
b) la prestation de services de soutien internes en ve cette loi.
– Versement, à chacun des membres du Conseil privé de qui occupe une charge de ministre sans portefeuille ou de ministre d’État sans être à la tête d’un département d n’excédant pas celui versé, au titre de la Loi sur les trait d’État qui sont à la tête d’un département d’État, payab prorata pour toute période de moins d’un an et arrondi inférieure en application de l’article 67 de la Loi sur le P 10a
– Subventions inscrites à tout budget des dépenses pour
– Contributions, sous forme de paiements en argent ou d de services MINISTÈRE DES TRANSPORTS Department of Transport 1a
– Dépenses de fonctionnement
– Autorisation d’engager des dépenses pour des biens au cadre de l’exercice d’une compétence en matière d’aéro
– Autorisation de payer des commissions pour le recouvr tu de la Loi sur l’aéronautique
– Autorisation, au titre du paragraphe 29.1(2) de la Loi sur publiques, d’affecter, au cours de l’exercice, à la compe gagées au cours de cet exercice, les recettes perçues au viennent notamment de la prestation de services de sou l’article 29.2 de cette loi
– Versement, à chacun des membres du Conseil privé de qui occupe une charge de ministre sans portefeuille ou de ministre d’État sans être à la tête d’un département d n’excédant pas celui versé, au titre de la Loi sur les trait d’État qui sont à la tête d’un département d’État, payab prorata pour toute période de moins d’un an et arrondi inférieure en application de l’article 67 de la Loi sur le P 10a
Subventions et contributions — Réseau de transport effica – Subventions inscrites à tout budget des dépenses pour – Contributions
15a
Subventions et contributions — Réseau de transport écolo – Subventions inscrites à tout budget des dépenses pour – Contributions
20a
Subventions et contributions — Réseau de transport sûr et – Subventions inscrites à tout budget des dépenses pour – Contributions
MINISTÈRE DES TRAVAUX PUBLICS ET DES SERVICES GO Department of Public Works and Government Services 1a
– Dépenses de fonctionnement pour la prestation de serv caux et de services communs et centraux
– Autorisation d’effectuer des dépenses recouvrables liée gime de pensions du Canada, de la Loi sur l’assurancel’administration des biens saisis
– Autorisation de dépenser les recettes perçues au cours viennent de la prestation de services de gestion des loc muns et centraux
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– Autorisation, au titre du paragraphe 29.1(2) de la Loi sur publiques, d’affecter, au cours de l’exercice, à la compe gagées au cours de cet exercice, les recettes perçues au viennent notamment de la prestation de services de sou l’article 29.2 de cette loi
– Versement, à chacun des membres du Conseil privé de qui occupe une charge de ministre sans portefeuille ou de ministre d’État sans être à la tête d’un département d n’excédant pas celui versé, au titre de la Loi sur les trait d’État qui sont à la tête d’un département d’État, payab prorata pour toute période de moins d’un an et arrondi inférieure en application de l’article 67 de la Loi sur le P 5a
– Dépenses en capital, y compris les dépenses relatives à des biens fédéraux
– Autorisation d’effectuer des remboursements à des loca raux ou de biens réels fédéraux relativement à des amé risées par le ministre des Travaux publics et des Servic MINISTÈRE DU PATRIMOINE CANADIEN Department of Canadian Heritage 1a
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Loi sur publiques, d’affecter, au cours de l’exercice, à la compe gagées au cours de cet exercice, les recettes perçues au viennent de ce qui suit :
a) les activités de l’Institut canadien de conservation d’information sur le patrimoine et du Bureau de cert diovisuels canadiens;
b) les activités afférentes au programme « Expérienc
c) la prestation de services de soutien internes en ve cette loi.
– Versement, à chacun des membres du Conseil privé de qui occupe une charge de ministre sans portefeuille ou de ministre d’État sans être à la tête d’un département d n’excédant pas celui versé, au titre de la Loi sur les trait d’État qui sont à la tête d’un département d’État, payab prorata pour toute période de moins d’un an et arrondi inférieure en application de l’article 67 de la Loi sur le P 5a
– Subventions inscrites à tout budget des dépenses pour – Contributions
ORGANISATION CANADIENNE D’ÉLABORATION DE NORM Canadian Accessibility Standards Development Organiz 1a
– Dépenses de fonctionnement
5a
– Subventions inscrites à tout budget des dépenses pour – Contributions
SECRÉTARIAT DE L’OFFICE DE SURVEILLANCE DES ACTIV SÉCURITÉ NATIONALE ET DE RENSEIGNEMENT National Security and Intelligence Review Agency Secre 1a
– Dépenses du programme SECRÉTARIAT DU CONSEIL DU TRÉSOR Treasury Board Secretariat
Chapter 30: Appropriation Act No. 3, 2019–20 SCHEDULE 1 (French)
No du crédit 1a
Postes – Dépenses du programme
– Autorisation, au titre du paragraphe 29.1(2) de la Loi sur publiques, d’affecter, au cours de l’exercice, à la compe gagées au cours de cet exercice, les recettes perçues au viennent de la prestation de services de soutien interne de cette loi et de ses autres activités
– Versement, à chacun des membres du Conseil privé de qui occupe une charge de ministre sans portefeuille ou de ministre d’État sans être à la tête d’un département d n’excédant pas celui versé, au titre de la Loi sur les trait d’État qui sont à la tête d’un département d’État, payab prorata pour toute période de moins d’un an et arrondi inférieure en application de l’article 67 de la Loi sur le P 10a
Initiatives pangouvernementales
– Autorisation donnée au Conseil du Trésor d’augmenter l’exercice, pour appuyer la mise en œuvre d’initiatives e nistration publique fédérale en matière de gestion strat 15a
Rajustements à la rémunération
– Autorisation donnée au Conseil du Trésor d’augmenter l’exercice qui peut nécessiter un financement partiel ou justements effectués aux modalités de service ou d’em publique fédérale, notamment la Gendarmerie royale d des Forces canadiennes, des personnes nommées par l et des employés des sociétés d’État, au sens du paragra gestion des finances publiques SERVICE CORRECTIONNEL DU CANADA Correctional Service of Canada 1a
– Dépenses de fonctionnement – Subventions inscrites à tout budget des dépenses pour – Contributions
– Autorisation de verser à la Caisse de bienfaisance des d au cours de l’exercice, des activités des détenus financé
– Autorisation d’exploiter des cantines dans les établissem ser les recettes, au cours de l’exercice, à la Caisse de bi
– Paiements, selon les conditions fixées par le gouverneu
a) aux détenus libérés aux prises avec une incapacit leur participation aux activités normales dans des ét pour le compte de tels détenus; b) aux personnes à charge de détenus — libérés ou de leur participation à de telles activités.
– Autorisation au ministre de la Sécurité publique et de la serve de l’approbation du gouverneur en conseil, de co le gouvernement de toute province en vue, selon le cas
a) de l’incarcération, dans les établissements de cett condamnées ou transférées dans un pénitencier;
b) de l’indemnisation afférente à l’entretien de ces p c) du paiement des frais de construction et d’autres blissements. SERVICES PARTAGÉS CANADA Shared Services Canada 1a
– Dépenses de fonctionnement
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– Autorisation, au titre du paragraphe 29.1(2) de la Loi sur publiques, d’affecter, au cours de l’exercice, à la compe gagées au cours de cet exercice pour la prestation de se l’information au titre de la Loi sur Services partagés Ca au cours de celui-ci qui proviennent de la prestation de 5a
– Dépenses en capital
– Autorisation, au titre du paragraphe 29.1(2) de la Loi sur publiques, d’affecter, au cours de l’exercice, à la compe capital engagées au cours de cet exercice, les recettes p ci qui proviennent de la prestation de services de techn titre de la Loi sur Services partagés Canada
SOCIÉTÉ CANADIENNE D’HYPOTHÈQUES ET DE LOGEME Canada Mortgage and Housing Corporation 1a
– Paiements à la Société visant à la rembourser pour les r sur les prêts consentis, les subventions et contributions contractées, les pertes subies et les frais et débours eng a) au titre de la Loi nationale sur l’habitation;
b) dans le cadre des attributions qui lui sont conféré dérale et qu’elle exerce en conformité avec la Loi su d’hypothèques et de logement. STATISTIQUE CANADA Statistics Canada 1a
– Dépenses du programme – Subventions inscrites à tout budget des dépenses pour
– Autorisation, au titre du paragraphe 29.1(2) de la Loi sur publiques, d’affecter, au cours de l’exercice, à la compe connexes engagées au cours de cet exercice, les recette lui-ci qui proviennent notamment de la prestation de se en vertu de l’article 29.2 de cette loi TÉLÉFILM CANADA Telefilm Canada 1a
– Paiements à la société devant servir aux fins prévues pa Canada
Chapter 30: Appropriation Act No. 3, 2019–20 SCHEDULE 2
SCHEDULE 2
Based on the Supplementary Estimates (A), 2019–20, the amount items set out in this Schedule.
Sums granted to Her Majesty by this Act for the fiscal year endin following fiscal year ending March 31, 2021 and the purposes for w Vote No.
Items CANADA BORDER SERVICES AGENCY Agence des services frontaliers du Canada
1a
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal
(a) fees, related to border operations, for the provisi of a facility or for a product, right or privilege; and (b) payments received under contracts entered into 5a
– Capital expenditures CANADA REVENUE AGENCY Agence du revenu du Canada
1a
– Operating expenditures – Contributions
– Authority to make recoverable expenditures in relation Canada Pension Plan and the Employment Insurance A PARKS CANADA AGENCY Agence Parcs Canada 1a
– Program expenditures – Capital expenditures
– The grants listed in any of the Estimates for the fiscal y – Contributions, including
(a) expenditures on other than federal property; and
(b) payments to provinces and municipalities as con cost of undertakings carried out by those bodies
Chapter 30: Appropriation Act No. 3, 2019–20 SCHEDULE 2 (French)
ANNEXE 2
D’après le Budget supplémentaire des dépenses (A) 2019-2020, la des postes figurant à la présente annexe.
Sommes accordées par la présente loi à Sa Majesté pour l’exercice en cours et à l’exercice suivant se terminant le 31 mars 2021, et fin No du crédit
Postes AGENCE DES SERVICES FRONTALIERS DU CANADA Canada Border Services Agency
1a
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Loi su publiques, d’affecter, au cours de l’exercice, à la compe gagées au cours de cet exercice, les recettes perçues au proviennent de ce qui suit :
a) les droits — liés aux activités à la frontière — perç d’un service, l’utilisation d’une installation, l’achat d d’un droit ou d’un privilège;
b) les paiements reçus au titre de contrats conclus p 5a
– Dépenses en capital AGENCE DU REVENU DU CANADA Canada Revenue Agency
1a
– Dépenses de fonctionnement – Contributions
– Autorisation d’effectuer des dépenses recouvrables liée gime de pensions du Canada et de la Loi sur l’assuranc AGENCE PARCS CANADA Parks Canada Agency 1a
– Dépenses du programme – Dépenses en capital
– Subventions inscrites à tout budget des dépenses pour – Contributions, notamment :
a) les dépenses afférentes à des propriétés autres q ment fédéral;
b) les paiements aux provinces et aux municipalités l’égard des engagements assumés par ces dernière
Published under authority of the Speaker of the House of Commons 2019
Disponible sur le site Web de la Chambre des comm
|
First Session, Forty-second Parliament, 64-65-66-67-68 Elizabeth II, 2015-2016-2017-2018-2019
STATUTES OF CANADA 2019
CHAPTER 26
An Act respecting the regulation of vessels that transport crude oil or persistent oil to or from ports or marine installations located along British Columbia’s north coast
ASSENTED TO JUNE 21, 2019 BILL C-48
SUMMARY This enactment enacts the Oil Tanker Moratorium Act, which prohibits oil tankers that are carrying more than 12 500 metric tons of crude oil or persistent oil as cargo from stopping, or unloading crude oil or persistent oil, at ports or marine installations located along British Columbia’s north coast from the northern tip of Vancouver Island to the Alaska border. The Act prohibits loading if it would result in the oil tanker carrying more than 12 500 metric tons of those oils as cargo.
The Act also prohibits vessels and persons from transporting crude oil or persistent oil between oil tankers and those ports or marine installations for the purpose of aiding the oil tanker to circumvent the prohibitions on oil tankers. Finally, the Act establishes an administration and enforcement regime that includes requirements to provide information and to follow directions and that provides for penalties of up to a maximum of five million dollars.
i
TABLE OF PROVISIONS An Act respecting the regulation of vessels that transport crude oil or persistent oil to or from ports or marine installations located along British Columbia’s north coast
Short title 1
Oil Tanker Moratorium Act
Interpretation 2
Definitions
Application 3
Binding on Her Majesty
Rights of Indigenous Peoples of Canada 3.1
Rights of Indigenous peoples
3.2
Duty to consider — adverse effects
Duty of Minister
Prohibitions 4
Mooring or anchoring at port, etc.
Exception
Exemptions 6
Ministerial exemption
Administration and Enforcement Reporting Requirement 7
Pre-arrival information
Direction not to moor or anchor
Designated Persons 9
Designation
Powers 10
Direction to provide information — oil tankers
Authority to enter a place
2015-2016-2017-2018-2019
ii
Chapter 26: Oil Tanker Moratorium Act TABLE OF PROVISIONS
General 12
Duty to assist
Disposition of samples
Return of anything removed
Obstruction
Interference
Detention of Vessels 17
Detention order
Interference with service of notice
Permission or direction to move vessel
Sale of Vessels 20
No appearance and no security
Notice
Claiming interest or right
Authorization of sale
Regulations 24
Regulations
Offences and Punishment 25
Contravention of section 4
Contravention of other provisions
Proof of offence by vessel
Liability of owners, operators, etc.
Directions deemed given to vessel
Due diligence — persons
Summary Conviction Proceedings 31
Limitation period
Review and Report 32
Review
SCHEDULE
2015-2016-2017-2018-2019
iv
64-65-66-67-68 ELIZABETH II
CHAPTER 26 An Act respecting the regulation of vessels that transport crude oil or persistent oil to or from ports or marine installations located along British Columbia’s north coast
[Assented to 21st June, 2019] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Short title Short title 1 This Act may be cited as the Oil Tanker Moratorium Act.
Interpretation Definitions 2 The following definitions apply in this Act.
authorized representative has the same meaning as in section 2 of the Canada Shipping Act, 2001. (représentant autorisé) crude oil means any liquid hydrocarbon mixture that occurs naturally in the earth — including a liquid hydrocarbon mixture from which distillate fractions have been removed or to which distillate fractions have been added — whether or not it has been treated to render it suitable for transportation. (pétrole brut) Indigenous peoples of Canada has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982. (peuples autochtones du Canada) marine installation means an installation that is used or is capable of being used in the loading or unloading of oil to or from vessels and that is on, or is connected to, land. (installation maritime)
2015-2016-2017-2018-2019
Chapter 26: Oil Tanker Moratorium Act Interpretation Sections 2-3.1
master has the same meaning as in section 2 of the Canada Shipping Act, 2001. (capitaine) Minister means the Minister of Transport. (ministre) oil means petroleum in any form, including crude oil, fuel oil, sludge, oil refuse and refined products. (hydrocarbure) oil tanker means a vessel that is constructed or adapted to carry oil in bulk in liquid form in its hold. (pétrolier) owner, in relation to a vessel, means the registered owner of the vessel or, in the absence of registration, the person having for the time being, either by law or by contract, the rights of the owner of the vessel in respect of its possession and use. (propriétaire) persistent oil means an oil, or an oil of a class of oils, set out in the schedule. (hydrocarbure persistant) vessel has the same meaning as in section 2 of the Canada Shipping Act, 2001. (bâtiment)
Application Binding on Her Majesty 3 (1) Subject to subsection (2), this Act is binding on Her Majesty in right of Canada or a province.
Exclusion (2) This Act does not apply to vessels under the direction or control of the Minister of National Defence.
Rights of Indigenous Peoples of Canada Rights of Indigenous peoples 3.1 For greater certainty, nothing in this Act is to be
construed as abrogating or derogating from the protection provided for the rights of the Indigenous peoples of Canada by the recognition and affirmation of those rights in section 35 of the Constitution Act, 1982.
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Chapter 26: Oil Tanker Moratorium Act Duty of Minister Sections 3.2-4
Duty of Minister Duty to consider — adverse effects 3.2 When making a decision under this Act, the Minister
must consider any adverse effects that the decision may have on the rights of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982.
Prohibitions Mooring or anchoring at port, etc. 4 (1) It is prohibited for an oil tanker that is carrying crude oil or persistent oil, or any combination of the two, in an amount greater than 12 500 metric tons, in bulk in its hold, to moor or anchor at a port or marine installation that is in Canada, on the coast of British Columbia, north of 50°53′00′′ north latitude and west of 126°38′36′′ west longitude.
Unloading (2) It is prohibited for an oil tanker that is carrying crude
oil or persistent oil, or any combination of the two, in an amount greater than 12 500 metric tons, in bulk in its hold, to unload any of that oil at a port that is within the area described in subsection (1) or to a marine installation that is within that area.
Loading (3) It is prohibited for an oil tanker to load into its hold any crude oil or persistent oil that is at a port or marine installation that is within the area described in subsection (1) if, when the loading is about to begin, the oil tanker is carrying crude oil or persistent oil, or any combination of the two, in an amount greater than 12 500 metric tons, in bulk in its hold, or if loading it would result in the oil tanker carrying, at any time, crude oil or persistent oil, or any combination of the two, in bulk in its hold, in an amount greater than 12 500 metric tons.
Transport to port, etc. (4) It is prohibited for any person or any vessel to transport, by water, any crude oil or persistent oil — that an oil tanker is carrying in its hold — from the oil tanker to a port or marine installation that is within the area described in subsection (1) for the purpose of aiding the oil tanker to circumvent the prohibition in subsection (2).
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Chapter 26: Oil Tanker Moratorium Act Prohibitions Sections 4-6
Transport from port, etc. (5) It is prohibited for any person or any vessel to transport, by water, any crude oil or persistent oil from a port or marine installation that is within the area described in subsection (1) to an oil tanker for the purpose of aiding the oil tanker to circumvent the prohibition in subsection (3).
Exception 5 (1) Subsection 4(1) does not apply to an oil tanker that
moors or anchors at a port or marine installation (a) to ensure the safety of the oil tanker; (b) to render assistance to a vessel in distress or if
necessary after rendering that assistance; or (c) to obtain emergency medical assistance for any person on board the oil tanker.
Exception — Canada Shipping Act, 2001 (2) Section 4 does not apply to a vessel in respect of an
activity carried out by the vessel in order to comply with a direction given under paragraph 180(1)(c) or 189(d) of the Canada Shipping Act, 2001.
Exemptions Ministerial exemption 6 (1) The Minister may, by order, exempt an identified
oil tanker from the application of any of subsections 4(1) to (3) on any terms and for any period that he or she considers appropriate, if he or she is of the opinion that the exemption is essential for the purpose of community or industry resupply or is otherwise in the public interest. Non-application of Statutory Instruments Act (2) The Statutory Instruments Act does not apply to an
order made under subsection (1). Publication (3) After making an order under subsection (1), the Minister must make it accessible to the public on the Internet or by any other means that he or she considers appropriate.
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Chapter 26: Oil Tanker Moratorium Act Administration and Enforcement Section 7
Administration and Enforcement Reporting Requirement Pre-arrival information 7 (1) The master of an oil tanker that is constructed or adapted to carry more than 12 500 metric tons of oil in bulk in liquid form in its hold must report pre-arrival information to the Minister, in accordance with subsections (2) and (3), before the oil tanker moors or anchors at a port or marine installation that is within the area described in subsection 4(1).
Information to be reported (2) The pre-arrival information that must be reported in
respect of an oil tanker is the following: (a) its name; (b) its country of registry; (c) its owner’s name; (d) its operator’s name; (e) its master’s name; (f) the name of the port or the marine installation; (g) the type and the amount of any oil that it is carrying in bulk in its hold; and (h) the type and the amount of any oil to be unloaded from or loaded into its hold at the port or the marine installation.
Time of reporting (3) The pre-arrival information must be reported (a) at least 24 hours before the oil tanker moors or anchors at the port or the marine installation; or (b) as soon as possible after the oil tanker departs
from its last port of call, if there is less than 24 hours between the moment the oil tanker departs from that port and the moment the oil tanker is expected to moor or anchor at the port or the marine installation.
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Chapter 26: Oil Tanker Moratorium Act Administration and Enforcement Reporting Requirement Sections 7-10
Change in pre-arrival information (4) If there is any change in the pre-arrival information
reported under this section, the master of the oil tanker must report the change to the Minister without delay. Direction not to moor or anchor 8 If the Minister has reasonable grounds to believe that
the master of an oil tanker has failed to comply with subsection 7(1) or (4), the Minister may direct the oil tanker not to moor or anchor at a port or marine installation that is within the area described in subsection 4(1).
Designated Persons Designation 9 (1) The Minister may designate any person or member
of a class of persons for the purposes of the administration and enforcement of this Act.
Certificate of designation (2) The Minister must provide every designated person
with a certificate of their designation. Immunity (3) A designated person is not personally liable for anything they do or omit to do in good faith under this Act.
Powers Direction to provide information — oil tankers 10 (1) A designated person may direct an oil tanker that is within the area described in subsection 4(1) to provide any information that the designated person reasonably requires for the purposes of this Act if they have reasonable grounds to believe that the oil tanker is or will be (a) unloading any oil from its hold at a port that is within that area or to a marine installation that is within that area; or (b) loading into its hold any oil that is at a port or marine installation that is within that area.
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Chapter 26: Oil Tanker Moratorium Act Administration and Enforcement Designated Persons Powers Sections 10-11
Direction to provide information — persons and vessels (2) A designated person may direct a person or a vessel to provide any information that the designated person reasonably requires for the purposes of this Act if they have reasonable grounds to believe that the person or the vessel is or will be transporting, by water, (a) from an oil tanker that is within the area described
in subsection 4(1) to a port or marine installation that is within that area, any oil that the oil tanker is carrying in its hold; or (b) from a port or marine installation that is within
the area described in subsection 4(1) to an oil tanker that is within that area, any oil.
Authority to enter a place 11 (1) A designated person may, for a purpose related to verifying compliance with this Act, enter (a) any vessel that is at a port or marine installation that is within the area described in subsection 4(1), if the designated person has reasonable grounds to believe that the vessel is carrying oil as cargo; (b) any marine installation that is within the area described in subsection 4(1), if the designated person has reasonable grounds to believe that oil is located there; and (c) any other place, if the place is at a port that is
within the area described in subsection 4(1) and the designated person has reasonable grounds to believe that there is, located in that place, oil that is to be loaded onto a vessel as cargo or oil that was unloaded from a vessel that was carrying it as cargo.
Living quarters (2) A designated person is not permitted to enter living
quarters without the occupant’s consent.
Powers on entry (3) The designated person may, for the purpose referred to in subsection (1), (a) examine anything in the place; (b) use any means of communication in the place or
cause it to be used;
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Chapter 26: Oil Tanker Moratorium Act Administration and Enforcement Designated Persons Powers Sections 11-12
(c) use any computer system in the place, or cause it
to be used, to examine data contained in or available to it; (d) prepare or cause to be prepared any record, in the
form of a print-out or other intelligible output, from the data; (e) use any copying equipment in the place or cause it
to be used; (f) conduct tests or analyses of anything in the place; (g) take measurements or samples of anything in the place; (h) take photographs or make recordings or sketches
of anything in the place; (i) remove anything from the place for the purpose of examination, testing or copying; (j) direct any person to put anything in the place into
operation or to cease operating it; and (k) prohibit or limit access to all or part of the place or to anything in the place.
Entry on private property (4) The designated person and any person accompanying
them may enter private property – other than a dwellinghouse – and pass through it in order to gain entry to the place. For greater certainty, they are not liable for doing so. Stoppage or relocation (5) A designated person may, for the purpose of entering
a vessel that is at a port or marine installation that is within the area described in subsection 4(1), direct the master (a) to stop the vessel or proceed to the place that the designated person may select, and to moor or anchor or remain there; or (b) to not move the vessel.
General Duty to assist 12 The owner, the operator, the master and any agent or charterer of a vessel that is entered under subsection 11(1) and the owner and the operator of a marine installation or any other place that is entered under that
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Chapter 26: Oil Tanker Moratorium Act Administration and Enforcement Designated Persons General Sections 12-16
subsection, as well as every person who is found there, must give a designated person who is carrying out powers or functions under section 11 all reasonable assistance and provide them with any information that they may reasonably require. Disposition of samples 13 (1) A designated person who takes a sample under
paragraph 11(3)(g) may dispose of it in any manner that they consider appropriate or may submit it for analysis or examination to any person the Minister considers appropriate. Certificate or report (2) A person who has made an analysis or examination may issue a certificate or report that sets out the results of the analysis or examination.
Certificate or report admissible in evidence (3) Subject to subsections (4) and (5), the certificate or the report is admissible in evidence in any prosecution for an offence under this Act and, in the absence of any evidence to the contrary, is proof of the statements contained in it without proof of the signature or official character of the person appearing to have signed it.
Attendance of person (4) The party against whom the certificate or the report is produced may, with leave of the court, require for the purposes of cross-examination the attendance of the person who issued it.
Notice (5) The certificate or the report may be admitted in evidence only if the party who intends to produce it has given to the party against whom it is intended to be produced reasonable notice of that intention, together with a copy of the certificate or the report.
Return of anything removed 14 Anything removed under paragraph 11(3)(i) must be
returned as soon as feasible after it is no longer required for the purpose for which it was taken. Obstruction 15 It is prohibited for a person to knowingly give false or misleading information either orally or in writing to, or otherwise obstruct or hinder, a designated person who is carrying out powers or functions under this Act.
Interference 16 Unless authorized by a designated person, it is prohibited for a person to remove, alter or interfere in any
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Chapter 26: Oil Tanker Moratorium Act Administration and Enforcement Designated Persons General Sections 16-17
way with a sample taken under paragraph 11(3)(g) or anything removed under paragraph 11(3)(i).
Detention of Vessels Detention order 17 (1) A designated person may order the detention of a
vessel if they have reasonable grounds to believe that the vessel has committed an offence under this Act. Order in writing (2) A detention order must be in writing and be addressed to every person empowered to grant clearance to the vessel. Notice of detention order (3) Notice of a detention order must be served on the
master of the vessel (a) by delivering a copy of the notice personally to the master; or (b) if service cannot reasonably be effected in the manner provided in paragraph (a), by leaving a copy of the notice with the person who is, or appears to be, in charge of the vessel or, if there is no such person, by fixing a copy of the notice to a prominent part of the vessel.
Movement of vessel prohibited (4) Subject to section 19, it is prohibited for a person to
move a vessel that is subject to a detention order. Granting clearance prohibited (5) Subject to subsection (6), it is prohibited for a person to whom a detention order is addressed, after they have received notice of the order, to grant clearance to the vessel that is subject to the order.
Granting clearance (6) A person to whom a detention order is addressed who has received notice of the order must grant clearance to the vessel that is subject to the order if (a) security in an amount and a form satisfactory to
the Minister is given to Her Majesty in right of Canada; (b) the vessel has not been charged with an offence under this Act within 30 days after the day on which the order was made; or
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Chapter 26: Oil Tanker Moratorium Act Administration and Enforcement Detention of Vessels Sections 17-19
(c) the vessel has been charged with an offence under
this Act within 30 days after the day on which the order was made and (i) security in a form satisfactory to the Minister for payment of the maximum fine that might be imposed for that offence, or payment of any lesser amount that is satisfactory to the Minister, is given to Her Majesty in right of Canada, or (ii) proceedings in respect of that offence are discontinued.
Notification of foreign state (7) If the vessel that is subject to a detention order is registered in a foreign state, that state is to be notified that the order was made. Liability for expenses (8) The authorized representative of a vessel that is subject to a detention order or, if there is no authorized representative, the vessel’s owner is liable for all expenses incurred in respect of the detention. Interference with service of notice 18 It is prohibited for a person to intentionally interfere with the service of a notice of a detention order.
Permission or direction to move vessel 19 (1) The Minister may, in respect of a vessel that is
subject to a detention order, (a) on application made by the authorized representative of the vessel or, if there is no authorized representative, by the vessel’s owner, permit the master to move the vessel in accordance with the Minister’s directions; and (b) on application made by the owner of a dock or
wharf — or by the person in charge of a port or marine installation — at which the vessel is located, direct the person who is, or appears to be, in charge of the vessel to move it in accordance with the Minister’s directions. Non-compliance with paragraph (1)(b) (2) If a person does not comply with a direction given to them under paragraph (1)(b) and the Minister is satisfied that the applicant for the direction has sufficient insurance in place to cover any incident that may arise from the moving of the vessel, the Minister may authorize the applicant to move the vessel in accordance with the Minister’s directions and at the expense of the authorized representative or, if there is no authorized representative, the owner.
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Chapter 26: Oil Tanker Moratorium Act Administration and Enforcement Sale of Vessels Sections 20-21
Sale of Vessels No appearance and no security 20 (1) The Minister may apply to a court of competent
jurisdiction for an order authorizing the Minister to sell a vessel that is subject to a detention order made under subsection 17(1) if (a) the vessel has been charged with an offence under this Act within 30 days after the day on which the order was made; and (b) no one appeared in Canada on behalf of the vessel
within 30 days after the day on which the vessel was charged with the offence to answer to the charge and security referred to in subparagraph 17(6)(c)(i) has not been not given. Appearance but no security (2) The Minister may apply to a court of competent jurisdiction for an order authorizing the Minister to sell a vessel that is subject to a detention order made under subsection 17(1) if (a) the vessel has been charged with an offence under this Act within 30 days after the day on which the order was made; (b) someone appeared in Canada on behalf of the vessel within 30 days after the day on which the vessel was charged with the offence to answer to the charge but security referred to in subparagraph 17(6)(c)(i) has not been given; and (c) the vessel has been convicted and a fine has been
imposed but not paid. Notice 21 (1) As soon as feasible after making an application
under subsection 20(1) or (2), the Minister must send, by registered mail, notice of the application to (a) the person responsible for maintaining any register in which the vessel is registered, listed or recorded; (b) the holder of any mortgage or hypothec registered against the vessel on the register in which the vessel is registered, listed or recorded; and (c) the holder of any maritime lien or like interest or
right against the vessel, if the holder is known to the Minister at the time the application is made.
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Chapter 26: Oil Tanker Moratorium Act Administration and Enforcement Sale of Vessels Sections 21-23
Day notice deemed given (2) The notice is deemed to have been given to the person to whom it was sent on the day on which an acknowledgement of receipt is received by the Minister. Relief from giving notice (3) If the court seized of an application made under subsection 20(1) or (2) is satisfied that it is appropriate to do so, the court may relieve the Minister of the obligation to give the notice or authorize the Minister to give the notice in any other manner that the court considers appropriate.
Claiming interest or right 22 (1) If an application is made under subsection 20(1)
or (2) in respect of a vessel (a) any person referred to in paragraph 21(1)(b) or (c)
may, within 30 days after the day on which the notice of the application is sent to that person, apply to the court seized of the application for an order referred to in subsection (2); and (b) any other person who claims an interest or a right
in the vessel as mortgagee or hypothecary creditor or as the holder of a maritime lien or any like interest or right may, within 30 days after the day on which the application is made, apply to the court seized of the application for an order referred to in subsection (2). Order (2) A court seized of an application made under subsection (1) must grant to the applicant an order declaring the nature and extent of the applicant’s interest or right at the time the detention order was made if the court is satisfied that (a) the applicant acquired the interest or the right in
good faith before the making of the detention order; and (b) the applicant is innocent of any complicity or collusion in respect of the alleged offence that gave rise to the making of the detention order. Priority of applications (3) An application made under subsection 20(1) or (2)
must not be heard until all applications made under subsection (1) in respect of the vessel have been heard.
Authorization of sale 23 (1) A court seized of an application made under subsection 20(1) or (2) may
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Chapter 26: Oil Tanker Moratorium Act Administration and Enforcement Sale of Vessels Sections 23-25
(a) authorize the Minister to sell the vessel in any
manner and subject to any terms that the court considers appropriate; and (b) on application by the Minister, give directions to the Minister as to the ranking of the interests or the rights of persons who have obtained an order referred to in subsection 22(2).
Payment of proceeds (2) If the court has authorized the sale of a vessel and that vessel is sold, any surplus remaining from the proceeds of the sale — after deducting the amount of the maximum fine that could have been imposed for the offence, if subsection 20(1) applies, or the fine actually imposed, if subsection 20(2) applies, and all expenses incurred in respect of the detention and the costs of the sale — must, to the extent of the surplus, be paid in accordance with the interests or the rights of persons who have obtained an order referred to in subsection 22(2) and any surplus remaining after that must be paid to the owner of the vessel.
Clear title (3) On selling a vessel whose sale has been authorized by the court, the Minister may, by bill of sale, give the purchaser a valid title to the vessel free from any mortgage or hypothec or other interest or right that is in existence at the time of the sale.
Registrability of vessel (4) Nothing in subsection (3) is to be construed as meaning that the vessel may be registered in the name of the purchaser.
Regulations Regulations 24 The Governor in Council may, by regulation, amend the schedule by adding or deleting any oil or class of oils.
Offences and Punishment Contravention of section 4 25 Every person or vessel that contravenes any of subsections 4(1) to (5) is guilty of an offence and liable (a) on conviction on indictment, to a fine of not more
than $5,000,000; and (b) on summary conviction, to a fine of not more than $1,000,000.
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Chapter 26: Oil Tanker Moratorium Act Offences and Punishment Sections 25-28
Contravention of other provisions 26 (1) Every person who contravenes any of the following is guilty of an offence: (a) subsection 7(1) or (4); (b) section 12; (c) section 15; (d) section 16; (e) subsection 17(4) or (5); and (f) section 18.
Contravention of a direction (2) Every person or vessel that contravenes a direction given under section 8 or 10, paragraph 11(3)(j) or subsection 11(5) is guilty of an offence.
Punishment (3) Every person or vessel that is guilty of an offence under subsection (1) or (2) is liable on summary conviction to a fine of not more than $1,000,000 or to imprisonment for a term of not more than 18 months, or to both.
Proof of offence by vessel 27 In a prosecution of a vessel for an offence under section 25, it is sufficient proof that the vessel has committed the offence to establish that the act that constitutes the offence was committed by the master or any person on board, whether or not the person on board has been identified.
Liability of owners, operators, etc. 28 (1) If a vessel commits an offence under section 25
and the owner, the operator, the master, an employee or an agent of the vessel directed, authorized, assented to, acquiesced in or participated in the commission of the offence, the owner, the operator, the master, the employee or the agent, as the case may be, is a party to and guilty of the offence and liable on conviction to the punishment provided for under that section for the offence, whether or not the vessel has been prosecuted or convicted. Liability of directors and officers (2) If a vessel commits an offence under section 25, every
director or officer of a corporation that is an owner or an operator of the vessel who directed or influenced the
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Chapter 26: Oil Tanker Moratorium Act Offences and Punishment Sections 28-31
corporation’s policies or activities in respect of the conduct that is the subject matter of the offence is a party to and guilty of the offence and liable on conviction to the punishment provided for under that section for the offence, whether or not the vessel has been prosecuted or convicted. Directions deemed given to vessel 29 For the purpose of prosecuting a vessel for contravening a direction given under this Act, a direction given to the master, a crew member or any person on board who is, or appears to be, in charge of the vessel is deemed to have been given to the vessel.
Due diligence — persons 30 (1) A person must not be convicted of an offence under section 25, paragraph 26(1)(a), (b), (d) or (e) or subsection 26(2) if they establish that they exercised due diligence to prevent its commission. Due diligence — vessels (2) A vessel must not be convicted of an offence under
section 25 or subsection 26(2) if the person who committed the act or omission that constitutes the offence establishes that they exercised due diligence to prevent its commission.
Summary Conviction Proceedings Limitation period 31 (1) Proceedings by way of summary conviction under this Act may be instituted within two years after the day on which the Minister becomes aware of the subject matter of the proceedings.
Certificate of Minister (2) A document that purports to have been issued by the Minister and that certifies the day on which the Minister became aware of the subject matter of the proceedings is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and, in the absence of any evidence to the contrary, is evidence that the Minister became aware of the subject matter on that day.
Defendant outside Canada (3) If the proceedings cannot be commenced within two
years because the proposed defendant is outside Canada, the proceedings may be commenced not later than 60 days after the day on which they arrive in Canada.
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Chapter 26: Oil Tanker Moratorium Act Review and Report Section 32
Review and Report Review 32 (1) During the fifth year after the day on which this section comes into force, a review of the provisions and operation of this Act must be undertaken by any committee of the Senate, of the House of Commons or of both Houses of Parliament that is designated or established for that purpose, including a review of the impact of this Act on the environment, on social and economic conditions and on the Indigenous peoples of Canada.
Report on review (2) The committee referred to in subsection (1) must
submit a report of the results of the review to the Senate, the House of Commons or both Houses of Parliament, as the case may be, on any of the first 15 days on which the Senate or the House of Commons, as the case may be, is sitting after the report is completed.
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Chapter 26: Oil Tanker Moratorium Act SCHEDULE
SCHEDULE (Sections 2 and 24)
LIST OF PERSISTENT OILS Item 1 2 3 4 5 6 7 8 9 10 11 12 13 14
Persistent Oils No. 4 fuel oils No. 5 fuel oils No. 6 fuel oils, including marine diesel oil and bunker C fuel oil Synthetic crude oils Slack wax Lubricating oils Partially upgraded bitumen Gas oils obtained by vacuum distillation Vacuum residue Heavy blended fuel oils Feedstock oil for cracking processes Bituminous and fuel oil emulsions Petroleum pitch Condensate, if less than 50% of it, by volume, distills at a temperature of 340°C and if less than 95% of it, by volume, distills at a temperature of 370°C, when tested in accordance with the American Society for Testing and Materials ASTM D86 method entitled Standard Test Method for Distillation of Petroleum Products and Liquid Fuels at Atmospheric Pressure, as amended from time to time
Published under authority of the Speaker of the House of Commons 2015-2016-2017-2018-2019
Disponible sur le site Web de la Chambre des comm
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First Session, Forty-second Parliament, 64-65-66-67-68 Elizabeth II, 2015-2016-2017-2018-2019
STATUTES OF CANADA 2019
CHAPTER 27
An Act to amend the Corrections and Conditional Release Act and another Act
ASSENTED TO JUNE 21, 2019 BILL C-83
RECOMMENDATION Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the following amendment to Bill C-83, An Act to amend the Corrections and Conditional Release Act and another Act. That Bill C-83, in Clause 10, be amended by replacing lines 1 to 10 on page 11 with the following: 37.6 (1) The Minister shall appoint one or more persons to be independent external decision-makers. (2) To be eligible for appointment as an independent external decision-maker, a person must have knowledge of administrative decision-making processes in general. A person is not eligible for appointment as an independent external decision-maker if the person was, at any time, in the previous five years a staff member or appointed under subsection 6(1). (3) An independent external decision-maker is to be appointed for a renewable term of not more than five years and holds office during good behaviour, but may be removed at any time for cause by the Minister. (4) An independent external decision-maker may be appointed to serve either full-time or part-time. 37.61 An independent external decision-maker is to be paid (a) the remuneration that is fixed by the Treasury Board; and (b) in accordance with Treasury Board directives, any travel and living expenses that they incur in the performance of their duties and functions while absent from their ordinary place of work, in the case of a full-time decision-maker, and their ordinary place of residence, in the case of a part-time decision-maker. 37.7 (1) The Service shall furnish to an independent external decision-maker all information under the Service’s control that is relevant to the making of a determination in respect of an inmate by the independent external decision-maker. (2) For the purpose of making a determination in respect of an inmate, an independent external decision-maker may require any staff member, or any person whose services are engaged by or on behalf of the Service, (a) to furnish any information that, in the decision-maker’s opinion, the staff member or person may be able to furnish in relation to the inmate’s case; and (b) to produce, for examination by the decision-maker, any document or thing that, in the decision-maker’s opinion, relates to the inmate’s case and that may be in the possession or under the control of the staff member or person. (3) Within 10 days after the day on which an independent external decision-maker makes a determination, the decision-maker shall return to the Service any document or thing furnished under subsection (1) or paragraph (2)(a) or produced under para‐ graph (2)(b), as well as any copy of one.
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Chapter 27: An Act to amend the Corrections and Conditional Release Act and another Act RECOMMENDATION
37.71 (1) Before making a determination in respect of an inmate, an independent external decision-maker shall provide or cause to be provided to the inmate, in writing, in whichever of the two official languages of Canada is requested by the inmate, the information that is to be considered by the decision-maker or a summary of that information, other than information provided to the independent external decision-maker by the inmate. (2) The independent external decision-maker may withhold from the inmate as much information as is strictly necessary if the independent external decision-maker has reasonable grounds to believe that (a) the information should not be disclosed on the grounds of public interest; or (b) the disclosure of the information would jeopardize the safety of any person, the security of a penitentiary or the conduct of any lawful investigation. 37.72 Before making a determination in respect of an inmate, an independent external decision-maker shall ensure that the inmate is given an opportunity to make written representations to the independent external decision-maker. 37.73 For the purpose of making a determination in respect of an inmate, an independent external decision-maker may communicate with the inmate. 37.74 (1) Subject to subsection (2), an independent external decision-maker shall not disclose any information that comes to their knowledge in the course of the exercise of their powers, or the performance of their duties and functions, under this Act or any other Act of Parliament. (2) An independent external decision-maker may disclose information referred to in subsection (1) in the exercise of their powers or the performance of their duties and functions. 37.75 An independent external decision-maker is not a competent or compellable witness in any civil proceedings in respect of any matter coming to their knowledge in the course of the exercise or purported exercise of their powers, or the performance or purported performance of their duties and functions, under this Act or any other Act of Parliament. 37.76 No criminal or civil proceedings lie against an independent external decision-maker for anything done, reported or said in good faith in the course of the exercise or purported exercise of any power, or the performance or purported performance of any duty or function, of the independent external decision-maker under this Act or any other Act of Parliament. 37.77 An independent external decision-maker may, in accordance with regulations made under paragraph 96(g.1), publish or otherwise disseminate information, other than personal information, relating to any determination made by the independent external decision-maker. 37.8 Thirty days after each of the Commissioner’s determinations under section 37.4 that an inmate should remain in a struc‐ tured intervention unit, an independent external decision-maker shall, in accordance with regulations made under paragraph 96(g.1), determine whether the inmate should remain in the unit. 37.81 If a committee established under subsection 37.31(3) de‐ termines that an inmate should remain in a structured intervention unit or determines that an inmate’s conditions of confine‐ ment in the structured intervention unit should not be altered in accordance with a recommendation of a registered health care professional under section 37.2, an independent external deci‐ sion-maker shall, as soon as practicable, in accordance with regulations made under paragraph 96(g.1), determine whether the inmate should remain in the unit or whether the inmate’s conditions of confinement in the unit should be altered.
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Chapter 27: An Act to amend the Corrections and Conditional Release Act and another Act RECOMMENDATION
37.82 (1) The independent external decision-maker may determine under sections 37.8 and 37.81 that an inmate should re‐ main in a structured intervention unit only if the independent external decision-maker believes on reasonable grounds that allowing the inmate’s reintegration into the mainstream inmate population (a) would jeopardize the safety of the inmate or any other person or the security of the penitentiary; or (b) would interfere with an investigation that could lead to a criminal charge or a charge under subsection 41(2) of a serious disciplinary offence. (2) In making the determination, the independent external decision-maker shall take into account (a) the inmate’s correctional plan; (b) the appropriateness of the inmate’s confinement in the penitentiary; (c) the appropriateness of the inmate’s security classification; and (d) any other consideration that he or she considers relevant. 37.83 (1) If, for five consecutive days or for a total of 15 days during any 30-day period, an inmate confined in a structured intervention unit has not spent a minimum of four hours a day outside the inmate’s cell or has not interacted, for a minimum of two hours a day, with others, an independent external decisionmaker shall, as soon as practicable, determine whether the Service has taken all reasonable steps to provide the inmate with the opportunities referred to in subsection 36(1) and to encourage the inmate to avail themselves of those opportunities. (2) If the independent external decision-maker determines that the Service has not taken all reasonable steps, he or she may make any recommendation to the Service that he or she considers appropriate to remedy the situation. (3) If the Service, within the period of seven days commencing on the day on which it receives recommendations, fails to satisfy the independent external decision-maker that it has taken all reasonable steps to provide the inmate with the opportunities referred to in subsection 36(1), the independent external decisionmaker shall direct the Service to remove the inmate from the structured intervention unit and provide a notice of the direction to the Correctional Investigator as defined in Part III. 37.9 An independent external decision-maker may, in the prescribed circumstances, make a prescribed determination or review in the prescribed manner. 37.91 (1) The transfer of an inmate to a structured intervention unit must be completed not later than five working days after the day on which the authorization for the transfer is given. Until the transfer is completed, the Service may impose restrictions on the inmate’s movement and sections 33, 35 to 37.4 and 37.81 to 37.83 apply with any necessary modifications in respect of the inmate as though the inmate were in a structured intervention unit. However, the opportunity referred to in paragraph 36(1)(b) is to be provided only if the circumstances permit.
SUMMARY This enactment amends the Corrections and Conditional Release Act to, among other things, (a) eliminate the use of administrative segregation and disciplinary segregation;
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Chapter 27: An Act to amend the Corrections and Conditional Release Act and another Act SUMMARY
(b) authorize the Commissioner to designate a penitentiary or an area in a penitentiary as a structured intervention unit for the confinement of inmates who cannot be maintained in the mainstream inmate population for security or other reasons; (c) provide less invasive alternatives to physical body cavity searches; (d) affirm that the Correctional Service of Canada has the obligation to support the autonomy and clinical independence of registered health care professionals; (e) provide that the Correctional Service of Canada has the obligation to provide inmates with access to patient advocacy services; (f) provide that the Correctional Service of Canada has an obligation to consider systemic and background factors unique to Indigenous offenders in all decision-making; and (g) improve victims’ access to audio recordings of parole hearings. This enactment also amends the English version of a provision of the Criminal Records Act.
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64-65-66-67-68 ELIZABETH II
CHAPTER 27
An Act to amend the Corrections and Conditional Release Act and another Act [Assented to 21st June, 2019] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1992, c. 20
Corrections and Conditional Release Act 1 Subsection 2(1) of the Corrections and Conditional Release Act is amended by adding the following in alphabetical order:
Indigenous, in respect of a person, includes a First Nation person, an Inuit or a Métis person; (autochtone) mental health assessment means an assessment of the mental health of a person conducted by a medical professional with recognized specialty training in mental health diagnosis and treatment, such as a psychiatrist, psychologist or psychiatric nurse or a primary care physician who has had psychiatric training. (évaluation de la santé mentale)
2 (1) Paragraph 4(c) of the Act is replaced by the
following: (c) the Service uses the least restrictive measures consistent with the protection of society, staff members and offenders; (c.1) the Service considers alternatives to custody in a penitentiary, including the alternatives referred to in sections 29 and 81;
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Chapter 27: An Act to amend the Corrections and Conditional Release Act and another Act Corrections and Conditional Release Act Sections 2-4
(c.2) the Service ensures the effective delivery of programs to offenders, including correctional, educational, vocational training and volunteer programs, with a view to improving access to alternatives to custody in a penitentiary and to promoting rehabilitation;
2012, c. 1, s. 54
(2) Paragraph 4(g) of the Act is replaced by the
following: (g) correctional policies, programs and practices respect gender, ethnic, cultural, religious and linguistic differences, sexual orientation and gender identity and expression, and are responsive to the special needs of women, Indigenous persons, visible minorities, persons requiring mental health care and other groups;
3 Section 15.1 of the Act is amended by adding the following after subsection (2):
Mental health assessment (2.01) In order to ensure that the plan can be developed
in a manner that takes any mental health needs of the offender into consideration, the institutional head shall, as soon as practicable after the day on which the offender is received but not later than the 30th day after that day, refer the offender’s case to the portion of the Service that administers health care for the purpose of conducting a mental health assessment of the offender.
Update of plan — structured intervention unit (2.1) If an offender is in a structured intervention unit
and a determination is made under subsection 29.01(2), paragraph 37.3(1)(b) or section 37.4 or 37.8 that the offender should remain in the structured intervention unit, the institutional head shall, as soon as practicable after the determination, cause the offender’s correctional plan to be updated, in consultation with the offender, in order to ensure that they receive the most effective programs at the appropriate time during their confinement in the structured intervention unit and to prepare them for reintegration into the mainstream inmate population as soon as possible. 2016, c. 3, s. 8
4 (1) Subsection 19(1.1) of the Act is replaced by
the following:
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Chapter 27: An Act to amend the Corrections and Conditional Release Act and another Act Corrections and Conditional Release Act Sections 4-6
Exceptions (1.1) Subsection (1) does not apply to (a) a death that results from an inmate receiving medical assistance in dying, as defined in section 241.1 of the Criminal Code, in accordance with section 241.2 of that Act; or (b) if a registered health care professional advises the Service in writing that the registered health care professional has reasonable grounds to believe that an inmate’s death is from a natural cause. (2) Subsection 19(2) of the French version of the
Act is replaced by the following: Rapport à l’enquêteur correctionnel (2) Le Service remet à l’enquêteur correctionnel, au sens de la partie III, une copie du rapport. 5 The Act is amended by adding the following after section 19:
Quality of care review 19.1 (1) If a registered health care professional advises
the Service in writing that the registered health care professional has reasonable grounds to believe that the death of an inmate is from a natural cause, the Service shall, whether or not there is an investigation under section 20, without delay, cause a review to be conducted by a registered health care professional employed or engaged by the Service for the purpose of determining the quality of care provided to the inmate in the penitentiary. The registered health care professional shall report on the review to the Commissioner or to a person designated by the Commissioner. Copy to Correctional Investigator (2) The Service shall give the Correctional Investigator, as defined in Part III, a copy of its report referred to in subsection (1). 6 (1) The portion of section 28 of the Act before
paragraph (a) is replaced by the following: Criteria for selection of penitentiary 28 If a person is or is to be confined in a penitentiary,
the Service shall take all reasonable steps to ensure that the penitentiary in which they are confined is one that provides them with the least restrictive environment for that person, taking into account 2012, c. 1, s. 58
(2) Paragraph 28(c) of the French version of the
Act is replaced by the following:
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Chapter 27: An Act to amend the Corrections and Conditional Release Act and another Act Corrections and Conditional Release Act Sections 6-8
c) l’existence de programmes et de services qui lui conviennent et sa volonté d’y participer ou d’en bénéficier. 1995, c. 42, s. 11
7 Section 29 of the Act is replaced by the following:
Transfers 29 The Commissioner may authorize the transfer of a
person who is sentenced, transferred or committed to a penitentiary (a) to a hospital, including any mental health facility,
or to a provincial correctional facility, in accordance with an agreement entered into under paragraph 16(1)(a) and any applicable regulations; (b) within a penitentiary, from an area that has been
assigned a security classification under section 29.1 to another area that has been assigned a security classification under that section, in accordance with the regulations made under paragraph 96(d), subject to section 28; or (c) to another penitentiary, in accordance with the regulations made under paragraph 96(d), subject to section 28.
Transfers to structured intervention unit 29.01 (1) A staff member who holds a position lower in rank than that of institutional head and who is designated by the Commissioner may, in accordance with the regulations made under paragraph 96(g), and subject to section 28, authorize the transfer of a person who is sentenced, transferred or committed to a penitentiary into a structured intervention unit in the penitentiary or in another penitentiary.
Decision — institutional head (2) The institutional head shall determine, in accordance
with regulations made under paragraph 96(g), whether an inmate should remain in a structured intervention unit within the period of five working days that begins on the first working day on which the inmate is confined in the unit. 8 The Act is amended by adding the following before section 30:
Commissioner to classify penitentiaries or areas 29.1 The Commissioner may assign the security classification of “minimum security”, “medium security”, “maximum security” or “multi-level security”, or any other
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prescribed security classification, to each penitentiary or to any area in a penitentiary. 9 Subsections 30(1) and (2) of the French version
of the Act are replaced by the following:
Attribution de cote aux détenus 30 (1) Le Service attribue une cote de sécurité selon les catégories dites maximale, moyenne et minimale à chaque détenu conformément aux règlements d’application de l’alinéa 96z.6).
Motifs (2) Le Service doit donner, par écrit, à chaque détenu les motifs à l’appui de l’attribution d’une cote de sécurité ou du changement de celle-ci. 1995, c. 42, s. 12; 2012, c. 1, ss. 60 and 61
10 The heading before section 31 and sections 31 to 37 of the Act are replaced by the following:
Structured Intervention Units Designation 31 The Commissioner may designate a penitentiary or
any area in a penitentiary to be a structured intervention unit. Purpose 32 (1) The purpose of a structured intervention unit is
to (a) provide an appropriate living environment for an inmate who cannot be maintained in the mainstream inmate population for security or other reasons; and (b) provide the inmate with an opportunity for meaningful human contact and an opportunity to participate in programs and to have access to services that respond to the inmate’s specific needs and the risks posed by the inmate. Physical barriers (2) For the purposes of paragraph (1)(b), every reasonable effort shall be made to ensure that the opportunity to interact through human contact is not mediated or interposed by physical barriers such as bars, security glass, door hatches or screens.
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Record (3) The Service shall maintain a record of every instance
of an interaction referred to in paragraph (1)(b) that is mediated or interposed by such physical barriers. Duration 33 An inmate’s confinement in a structured intervention unit is to end as soon as possible.
Transfer to unit 34 (1) A staff member may authorize the transfer of an
inmate into a structured intervention unit under subsection 29.01(1) only if the staff member is satisfied that there is no reasonable alternative to the inmate’s confinement in a structured intervention unit and the staff member believes on reasonable grounds that (a) the inmate has acted, has attempted to act or intends to act in a manner that jeopardizes the safety of any person or the security of a penitentiary and allowing the inmate to be in the mainstream inmate population would jeopardize the safety of any person or the security of the penitentiary; (b) allowing the inmate to be in the mainstream inmate population would jeopardize the inmate’s safety; or (c) allowing the inmate to be in the mainstream inmate population would interfere with an investigation that could lead to a criminal charge or a charge under subsection 41(2) of a serious disciplinary offence.
Record of transfers (2) The Service shall maintain a record of every instance
in which an inmate is authorized to be transferred into a structured intervention unit indicating the reasons for granting the authorization and any alternative that was considered. Reasons (3) No later than one working day after the day on which
the transfer of an inmate is authorized, the Service shall, orally, provide the inmate with notice that the authorization was granted as well as the reasons for it and no later than two working days after the day on which the transfer of an inmate is authorized, the Service shall provide the inmate with those reasons in writing. Inmate rights 35 An inmate in a structured intervention unit has the same rights as other inmates, except for those that cannot be exercised due to limitations specific to the structured intervention unit or security requirements.
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Obligations of Service 36 (1) The Service shall, every day, between the hours of
7:00 a.m. and 10:00 p.m., provide an inmate in a structured intervention unit (a) an opportunity to spend a minimum of four hours
outside the inmate’s cell; and (b) an opportunity to interact, for a minimum of two
hours, with others, through activities including, but not limited to, (i) programs, interventions and services that encourage the inmate to make progress towards the objectives of their correctional plan or that support the inmate’s reintegration into the mainstream inmate population, and (ii) leisure time.
Time included (2) Time spent interacting under paragraph (1)(b) outside an inmate’s cell counts as time spent outside the inmate’s cell under paragraph (1)(a).
Time not included (3) If an inmate takes a shower outside their cell, the
time spent doing so does not count as time spent outside the inmate’s cell under paragraph (1)(a). Exceptions 37 (1) Paragraph 36(1)(a) or (b), as the case may be,
does not apply (a) if the inmate refuses to avail themselves of the opportunity referred to in that paragraph; (b) if the inmate, at the time the opportunity referred
to in that paragraph is provided to them, does not comply with reasonable instructions to ensure their safety or that of any other person or the security of the penitentiary; or (c) in the prescribed circumstances, which circumstances may include, among other things, natural disasters, fires, riots and work refusals under section 128 of the Canada Labour Code, and those circumstances must be limited to what is reasonably required for security purposes.
Record (2) The Service shall maintain a record of every instance that an inmate has been offered an opportunity referred to in paragraph 36(1)(a) or (b) that the inmate refused, indicating the specific opportunity and any reason given
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for the refusal, or has not been given such an opportunity by reason of paragraph (1)(b) or (c).
Ongoing monitoring 37.1 (1) The Service shall ensure that measures are taken to provide for the ongoing monitoring of the health of inmates in a structured intervention unit.
Mental health assessment and daily visits (2) The Service shall ensure that the measures include (a) a referral of the inmate’s case, within 24 hours after the inmate’s transfer into the structured intervention unit, to the portion of the Service that administers health care for the purpose of conducting a mental health assessment of the inmate; and (b) a visit to the inmate at least once every day by a registered health care professional employed or engaged by the Service.
Mental health assessment 37.11 If a staff member or a person engaged by the Service believes that the confinement of an inmate in a structured intervention unit is having detrimental impacts on the inmate’s health, the staff member or person shall refer, in the prescribed manner, the inmate’s case to the portion of the Service that administers health care. Grounds for the belief include the inmate (a) refusing to interact with others; (b) engaging in self-injurious behaviour; (c) showing symptoms of a drug overdose; and (d) showing signs of emotional distress or exhibiting behaviour that suggests that they are in urgent need of mental health care.
Recommendations to institutional head 37.2 A registered health care professional employed or engaged by the Service may, for health reasons, recommend to the institutional head that the conditions of confinement of the inmate in a structured intervention unit be altered or that the inmate not remain in the unit.
Decision — institutional head 37.3 (1) The institutional head shall determine, in accordance with regulations made under paragraph 96(g),
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whether an inmate should remain in a structured intervention unit (a) as soon as practicable after a registered health care professional recommends under section 37.2, for health reasons, that the inmate not remain in the unit; (b) within the period that begins on the day on which
the determination under subsection 29.01(2) is made and that ends on the expiry of the period of 30 days that begins on the first day on which the inmate is confined in the unit; and (c) as soon as practicable in any of the prescribed circumstances.
Conditions of confinement (2) As soon as practicable after the registered health care
professional referred to in section 37.2 has recommended, for health reasons, that the conditions of confinement be altered, the institutional head shall determine whether the inmate’s conditions of confinement in the structured intervention unit should be altered. Visit to the inmate (3) Before making a determination under this section, the institutional head shall visit the inmate.
Record (4) The institutional head shall maintain a record indicating the circumstances of every instance in which, because of security requirements, a visit was not face to face or took place through a cell door hatch.
Reasons (5) No later than one working day after the day on which he or she makes a determination under this section, the institution head shall orally notify the inmate of the determination as well as the reasons for it and no later than two working days after the day on which the determination was made, the institutional head shall provide the inmate with those reasons in writing.
Advice of registered health care professional 37.31 (1) If the institutional head determines under paragraph 37.3(1)(a) that an inmate should remain in a structured intervention unit or the institutional head determines under subsection 37.3(2) that an inmate’s conditions of confinement in the structured intervention unit should not be altered in accordance with the recommendations of a registered health care professional, another registered health care professional shall provide advice to the committee established under subsection (3).
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Qualifications (2) The registered health care professional providing the
advice is to be a senior registered health care professional employed by the Service or a registered health care professional engaged by the Service as an expert advisor.
Committee (3) The Commissioner shall establish a committee consisting of staff members who hold a position higher in rank than that of institutional head for the purpose of making determinations under section 37.32. Decision of committee — recommendation to alter conditions 37.32 (1) As soon as practicable after the institutional
head determines under subsection 37.3(2) that an inmate’s conditions of confinement in a structured intervention unit should not be altered in accordance with the recommendations of a registered health care professional, the committee established under subsection 37.31(3) shall, in accordance with regulations made under paragraph 96(g), determine whether the inmate’s conditions of confinement in the unit should be altered.
Decision of committee — recommendation that inmate remain in unit (2) As soon as practicable after the institutional head determines under paragraph 37.3(1)(a) that an inmate should remain in a structured intervention unit, the committee established under subsection 37.31(3) shall, in accordance with regulations made under paragraph 96(g), determine whether the inmate should remain in the unit. Decision — Commissioner 37.4 Thirty days after the institutional head’s determination under paragraph 37.3(1)(b) that an inmate should remain in a structured intervention unit, the Commissioner shall, in accordance with regulations made under paragraph 96(g), determine whether the inmate should remain in the unit. The Commissioner shall also make such a determination in the prescribed circumstances and every 60 days after the Commissioner’s last determination under this section that the inmate should remain in the unit. Grounds 37.41 (1) The institutional head, the Commissioner or
the committee established under subsection 37.31(3) may determine that an inmate should remain in a structured
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intervention unit only if they believe on reasonable grounds that allowing the inmate’s reintegration into the mainstream inmate population (a) would jeopardize the safety of the inmate or any
other person or the security of the penitentiary; or (b) would interfere with an investigation that could
lead to a criminal charge or a charge under subsection 41(2) of a serious disciplinary offence.
Factors (2) In making the determination, the institutional head, the Commissioner or the committee, as the case may be, shall take into account (a) the inmate’s correctional plan; (b) the appropriateness of the inmate’s confinement
in the penitentiary; (c) the appropriateness of the inmate’s security classification; and (d) any other consideration that he or she considers
relevant. Review of inmate’s case 37.5 If an inmate has been authorized to be transferred
to a structured intervention unit the prescribed number of times or in the prescribed circumstances, the Service shall review the inmate’s case in the prescribed manner and within the prescribed period.
Appointment of independent external decision-maker 37.6 (1) The Minister shall appoint one or more persons to be independent external decision-makers.
Eligibility (2) To be eligible for appointment as an independent external decision-maker, a person must have knowledge of administrative decision-making processes in general. A person is not eligible for appointment as an independent external decision-maker if the person was, at any time, in the previous five years a staff member or appointed under subsection 6(1). Term (3) An independent external decision-maker is to be appointed for a renewable term of not more than five years and holds office during good behaviour, but may be removed at any time for cause by the Minister.
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Full-time or part-time (4) An independent external decision-maker may be appointed to serve either full-time or part-time. Remuneration and expenses 37.61 An independent external decision-maker is to be
paid (a) the remuneration that is fixed by the Treasury Board; and (b) in accordance with Treasury Board directives, any travel and living expenses that they incur in the performance of their duties and functions while absent from their ordinary place of work, in the case of a fulltime decision-maker, and their ordinary place of residence, in the case of a part-time decision-maker.
Information to be made available 37.7 (1) The Service shall furnish to an independent external decision-maker all information under the Service’s control that is relevant to the making of a determination in respect of an inmate by the independent external decision-maker. Right to require information and documents (2) For the purpose of making a determination in respect of an inmate, an independent external decision-maker may require any staff member, or any person whose services are engaged by or on behalf of the Service, (a) to furnish any information that, in the decisionmaker’s opinion, the staff member or person may be able to furnish in relation to the inmate’s case; and (b) to produce, for examination by the decisionmaker, any document or thing that, in the decisionmaker’s opinion, relates to the inmate’s case and that may be in the possession or under the control of the staff member or person.
Return of document of thing (3) Within 10 days after the day on which an independent external decision-maker makes a determination, the decision-maker shall return to the Service any document or thing furnished under subsection (1) or paragraph (2)(a) or produced under paragraph (2)(b), as well as any copy of one.
Disclosure to inmate 37.71 (1) Before making a determination in respect of
an inmate, an independent external decision-maker shall provide or cause to be provided to the inmate, in writing,
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in whichever of the two official languages of Canada is requested by the inmate, the information that is to be considered by the decision-maker or a summary of that information, other than information provided to the independent external decision-maker by the inmate. Exception (2) The independent external decision-maker may withhold from the inmate as much information as is strictly necessary if the independent external decision-maker has reasonable grounds to believe that (a) the information should not be disclosed on the grounds of public interest; or (b) the disclosure of the information would jeopardize
the safety of any person, the security of a penitentiary or the conduct of any lawful investigation. Written representations 37.72 Before making a determination in respect of an
inmate, an independent external decision-maker shall ensure that the inmate is given an opportunity to make written representations to the independent external decision-maker. Access to inmate 37.73 For the purpose of making a determination in respect of an inmate, an independent external decisionmaker may communicate with the inmate.
No disclosure 37.74 (1) Subject to subsection (2), an independent external decision-maker shall not disclose any information that comes to their knowledge in the course of the exercise of their powers, or the performance of their duties and functions, under this Act or any other Act of Parliament. Exception (2) An independent external decision-maker may disclose information referred to in subsection (1) in the exercise of their powers or the performance of their duties and functions. Not to be witness 37.75 An independent external decision-maker is not a competent or compellable witness in any civil proceedings in respect of any matter coming to their knowledge in the course of the exercise or purported exercise of their powers, or the performance or purported performance of their duties and functions, under this Act or any other Act of Parliament.
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Protection of independent external decision-maker 37.76 No criminal or civil proceedings lie against an independent external decision-maker for anything done, reported or said in good faith in the course of the exercise or purported exercise of any power, or the performance or purported performance of any duty or function, of the independent external decision-maker under this Act or any other Act of Parliament. Publication of information 37.77 An independent external decision-maker may, in accordance with regulations made under paragraph 96(g.1), publish or otherwise disseminate information, other than personal information, relating to any determination made by the independent external decisionmaker.
Decision after Commissioner’s determination 37.8 Thirty days after each of the Commissioner’s determinations under section 37.4 that an inmate should remain in a structured intervention unit, an independent external decision-maker shall, in accordance with regulations made under paragraph 96(g.1), determine whether the inmate should remain in the unit.
Decision after committee’s determination 37.81 If a committee established under subsection
37.31(3) determines that an inmate should remain in a structured intervention unit or determines that an inmate’s conditions of confinement in the structured intervention unit should not be altered in accordance with a recommendation of a registered health care professional under section 37.2, an independent external decisionmaker shall, as soon as practicable, in accordance with regulations made under paragraph 96(g.1), determine whether the inmate should remain in the unit or whether the inmate’s conditions of confinement in the unit should be altered. Grounds 37.82 (1) The independent external decision-maker
may determine under sections 37.8 and 37.81 that an inmate should remain in a structured intervention unit only if the independent external decision-maker believes on reasonable grounds that allowing the inmate’s reintegration into the mainstream inmate population (a) would jeopardize the safety of the inmate or any
other person or the security of the penitentiary; or (b) would interfere with an investigation that could
lead to a criminal charge or a charge under subsection 41(2) of a serious disciplinary offence.
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Factors (2) In making the determination, the independent external decision-maker shall take into account (a) the inmate’s correctional plan; (b) the appropriateness of the inmate’s confinement
in the penitentiary; (c) the appropriateness of the inmate’s security classification; and (d) any other consideration that he or she considers
relevant. Decision—reasonable steps 37.83 (1) If, for five consecutive days or for a total of 15
days during any 30-day period, an inmate confined in a structured intervention unit has not spent a minimum of four hours a day outside the inmate’s cell or has not interacted, for a minimum of two hours a day, with others, an independent external decision-maker shall, as soon as practicable, determine whether the Service has taken all reasonable steps to provide the inmate with the opportunities referred to in subsection 36(1) and to encourage the inmate to avail themselves of those opportunities. Recommendations (2) If the independent external decision-maker determines that the Service has not taken all reasonable steps, he or she may make any recommendation to the Service that he or she considers appropriate to remedy the situation.
Power to direct removal from unit (3) If the Service, within the period of seven days commencing on the day on which it receives recommendations, fails to satisfy the independent external decisionmaker that it has taken all reasonable steps to provide the inmate with the opportunities referred to in subsection 36(1), the independent external decision-maker shall direct the Service to remove the inmate from the structured intervention unit and provide a notice of the direction to the Correctional Investigator as defined in Part III. Other duties 37.9 An independent external decision-maker may, in the prescribed circumstances, make a prescribed determination or review in the prescribed manner.
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Restriction of movement and application of provisions before transfer 37.91 (1) The transfer of an inmate to a structured intervention unit must be completed not later than five working days after the day on which the authorization for the transfer is given. Until the transfer is completed, the Service may impose restrictions on the inmate’s movement and sections 29.01, 33, 35 to 37.4 and 37.81 to 37.83 apply with any necessary modifications in respect of the inmate as though the inmate were in a structured intervention unit. However, the opportunity referred to in paragraph 36(1)(b) is to be provided only if the circumstances permit. Obligation of the institutional head (2) The institutional head shall, at least once every day, meet with the inmate.
Exception (3) Subsection (1) does not apply if the transfer is to a
structured intervention unit in the penitentiary where the inmate is confined at the time the authorization is given.
2012, c. 1, s. 63(2)
11 Subsection 44(1) of the Act is amended by
adding “and” after paragraph (d), by striking out “and” after paragraph (e) and by repealing paragraph (f). 12 Section 46 of the Act is amended by adding the following in alphabetical order:
body scan search means a search of a body by means of a prescribed body scanner that is conducted in the prescribed manner. (fouille par balayage corporel) 13 Subsection 47(1) of the French version of the Act is replaced by the following:
Fouille discrète ou fouille par palpation ordinaires 47 (1) Dans les cas prévus par règlement et justifiés par
des raisons de sécurité, l’agent peut, sans soupçon précis, procéder à la fouille discrète ou à la fouille par palpation ordinaires des détenus. 14 Section 48 of the Act is replaced by the following:
Routine strip search of inmates 48 (1) Subject to subsection (2), a staff member of the
same sex as the inmate may conduct a routine strip search of an inmate, without individualized suspicion,
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(a) in the prescribed circumstances in situations in
which the inmate has been in a place where there was a likelihood of access to contraband that is capable of being hidden on or in the body; or (b) when the inmate is entering or leaving a structured intervention unit. Choice of body scan search (2) A body scan search of the inmate shall be conducted
instead of the strip search if (a) the body scan search is authorized under section
48.1; and (b) a prescribed body scanner in proper working order is in the area where the strip search would be conducted. 15 The Act is amended by adding the following after section 48:
Search by body scan 48.1 A staff member may, in the prescribed circumstances, conduct a body scan search of an inmate, and those circumstances must be limited to what is reasonably required for security purposes. 16 Section 51 of the Act is replaced by the following:
Detention in dry cell 51 (1) If the institutional head is satisfied that there are
reasonable grounds to believe that an inmate has ingested contraband or is carrying contraband in a body cavity, the institutional head may authorize in writing the detention of the inmate in a cell without plumbing fixtures on the expectation that the contraband will be expelled. Visits by registered health care professional (2) The inmate must be visited at least once every day by
a registered health care professional. 17 Section 59 of the French version of the Act is replaced by the following:
Fouille discrète ou fouille par palpation ordinaires 59 Dans les cas prévus par règlement et justifiés par des raisons de sécurité, l’agent peut, sans soupçon précis, procéder à la fouille discrète ou à la fouille par palpation ordinaires des visiteurs. 18 The Act is amended by adding the following
after section 60:
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Search by body scan 60.1 A staff member may, in the prescribed circumstances, conduct a body scan search of a visitor, and those circumstances must be limited to what is reasonably required for security purposes. 19 Subsection 61(1) of the French version of the
Act is replaced by the following: Fouille ordinaire 61 (1) Dans les cas prévus par règlement et justifiés par des raisons de sécurité, l’agent peut, sans soupçon précis et selon les modalités réglementaires, procéder à la fouille ordinaire des véhicules qui se trouvent au pénitencier. 20 Section 63 of the French version of the Act is replaced by the following:
Fouille discrète ou fouille par palpation ordinaires 63 Dans les cas prévus par règlement et justifiés par des raisons de sécurité, l’agent peut, sans soupçon précis, procéder à la fouille discrète ou à la fouille par palpation ordinaires d’autres agents. 21 The Act is amended by adding the following after section 64:
Search by body scan 64.1 A staff member may, in the prescribed circumstances, conduct a body scan search of another staff member, and those circumstances must be limited to what is reasonably required for security purposes. 22 Subsection 65(1) of the Act is replaced by the following:
Power to seize 65 (1) A staff member may seize contraband, or evidence relating to a disciplinary or criminal offence, found in the course of a search conducted under sections 47 to 64, except a body cavity search or a body scan search.
1995, c. 42, s. 21(F); 1997, c. 17, s. 15; 2012, c. 1, s. 66
23 The heading before section 79 and sections 79
and 80 of the Act are replaced by the following:
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Indigenous Offenders Definitions 79 In sections 79.1 to 84.1,
correctional services means services or programs for offenders, including their care, custody and supervision. (services correctionnels) Indigenous governing body means a council, government or other entity that is authorized to act on behalf of an Indigenous group, community or people that holds rights recognized and affirmed by section 35 of the Constitution Act, 1982. (corps dirigeant autochtone) Indigenous organization means an organization with predominately Indigenous leadership. (organisme autochtone) Indigenous peoples of Canada has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982. (peuples autochtones du Canada) Factors to be considered 79.1 (1) In making decisions under this Act affecting an
Indigenous offender, the Service shall take the following into consideration: (a) systemic and background factors affecting Indigenous peoples of Canada; (b) systemic and background factors that have contributed to the overrepresentation of Indigenous persons in the criminal justice system and that may have contributed to the offender’s involvement in the criminal justice system; and (c) the Indigenous culture and identity of the offender, including his or her family and adoption history.
Exception — risk assessment (2) The factors described in paragraphs (1)(a) to (c) are
not to be taken into consideration for decisions respecting the assessment of the risk posed by an Indigenous offender unless those factors could decrease the level of risk. Programs 80 Without limiting the generality of section 76, the Service shall provide programs designed particularly to address the needs of Indigenous offenders.
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24 (1) Subsection 81(1) of the Act is amended by replacing “aboriginal community” and “aboriginal offenders” with “Indigenous governing body or any Indigenous organization” and “Indigenous offenders”, respectively. (2) Subsection 81(2) of the Act is amended by replacing “non-aboriginal offender” with “non-Indigenous offender”. (3) Subsection 81(3) of the Act is amended by replacing “aboriginal community” with “appropriate Indigenous authority”.
1997, c. 17, s. 15; 2012, c. 1, s. 66
25 Sections 82 to 84.1 of the Act are replaced by the following:
Advisory committees 82 (1) The Service shall establish a national Indigenous advisory committee, and may establish regional and local Indigenous advisory committees, which shall provide advice to the Service on the provision of correctional services to Indigenous offenders.
Committees to consult (2) For the purpose of carrying out their function under
subsection (1), all committees shall consult regularly with Indigenous communities, Indigenous governing bodies, Indigenous organizations and other appropriate persons with knowledge of Indigenous matters. Spiritual leaders and elders 83 (1) For greater certainty, Indigenous spirituality and
Indigenous spiritual leaders and elders have the same status as other religions and other religious leaders.
Advice (1.1) If the Service considers it appropriate in the circumstance, it shall seek advice from an Indigenous spiritual leader or elder when providing correctional services to an Indigenous inmate, particularly in matters of mental health and behaviour.
Obligation (2) The Service shall take all reasonable steps to make available to Indigenous inmates the services of an Indigenous spiritual leader or elder after consultation with (a) the national Indigenous advisory committee established under section 82; and
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(b) the appropriate regional and local Indigenous advisory committees. Release into Indigenous community 84 If an inmate expresses an interest in being released
into an Indigenous community, the Service shall, with the inmate’s consent, give the community’s Indigenous governing body (a) adequate notice of the inmate’s parole review or their statutory release date, as the case may be; and (b) an opportunity to propose a plan for the inmate’s release and integration into that community.
Plans – long-term supervision 84.1 If an offender who is required to be supervised by a long-term supervision order has expressed an interest in being supervised in an Indigenous community, the Service shall, with the offender’s consent, give the community’s Indigenous governing body (a) adequate notice of the order; and (b) an opportunity to propose a plan for the offender’s release on supervision, and integration, into that community. 26 The definition health care in section 85 of the Act is replaced by the following:
health care means medical care, dental care and mental health care, provided by registered health care professionals or by persons acting under the supervision of registered health care professionals; (soins de santé) 27 Paragraph 86(1)(b) of the Act is replaced by
the following: (b) reasonable access to non-essential health care.
28 The Act is amended by adding the following after section 86:
Health care obligations 86.1 When health care is provided to inmates, the Service shall (a) support the professional autonomy and the clinical
independence of registered health care professionals and their freedom to exercise, without undue influence, their professional judgment in the care and treatment of inmates;
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(b) support those registered health care professionals in their promotion, in accordance with their respective professional code of ethics, of patient-centred care and patient advocacy; and (c) promote decision-making that is based on the appropriate medical care, dental care and mental health care criteria.
Designation of health care unit 86.2 The Commissioner may designate a penitentiary or
any area in a penitentiary to be a health care unit.
Purpose 86.3 The purpose of a health care unit is to provide an
appropriate living environment to facilitate an inmate’s access to health care. Admission and discharge 86.4 The admission of inmates to and the discharge of
inmates from health care units must be in accordance with regulations made under paragraph 96(g.2). 29 Paragraph 87(a) of the Act is replaced by the
following: (a) in all decisions affecting the offender, including
decisions relating to placement, transfer, confinement in a structured intervention unit and disciplinary matters; and
30 The Act is amended by adding the following after section 89:
Patient advocacy services 89.1 The Service shall provide, in respect of inmates in
penitentiaries designated by the Commissioner, access to patient advocacy services (a) to support inmates in relation to their health care
matters; and (b) to enable inmates and their families or an individual identified by the inmate as a support person to understand the rights and responsibilities of inmates related to health care. 31 (1) Paragraph 96(g) of the Act is replaced by the following:
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(g) respecting the confinement of inmates in a structured intervention unit, including respecting the making of a determination by an institutional head, the Commissioner or the committee established under subsection 37.31(3) as to whether the conditions of confinement of an inmate in a structured intervention unit should be altered or as to whether an inmate should remain in such a unit; (g.1) respecting the powers, duties and functions of
independent external decision-makers, including respecting the making of a determination as to whether the conditions of confinement of an inmate in a structured intervention unit should be altered or as to whether an inmate should remain in such a unit; (2) Section 96 of the Act is amended by adding the
following after paragraph (g.1): (g.2) respecting the admission of inmates to and the discharge of inmates from health care units; (2.1) Paragraph 96(l) of the French version of the
Act is replaced by the following: l) précisant la manière d’effectuer les inspections lors d’une fouille à nu, d’une fouille discrète ou d’une fouille par palpation, au sens de l’article 46; 2012, c. 1, s. 69(6)
(3) Paragraph 96(z.6) of the French version of the
Act is replaced by the following: z.6) concernant l’attribution d’une cote de sécurité au détenu et le classement de celui-ci dans une sous-catégorie au titre de l’article 30 ainsi que les critères de détermination de la cote et de la sous-catégorie; 32 (1) The definition provincial parole board in
subsection 99(1) of the Act is replaced by the following: provincial parole board means the Ontario Board of Parole, la Commission québécoise des libérations conditionnelles or any other parole board established by the legislature or the lieutenant governor in council of a province; (commission provinciale)
(2) Subsection 99(1) of the Act is amended by adding the following in alphabetical order:
Indigenous has the same meaning as in Part I; (autochtone)
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32.1 Paragraph 101(c) of the Act is replaced by
the following: (c) parole boards make the least restrictive determinations that are consistent with the protection of society; 1995, c. 42, s. 32(F)
33 Paragraph 116(1)(b) of the English version of Act is replaced by the following: (b) it is desirable for the offender to be absent from
the penitentiary for medical, administrative, community service, family contact, including parental responsibilities, personal development for rehabilitative purposes or compassionate reasons; 2015, c. 13, s. 49(3)
34 Subsection 140(13) of the Act is replaced by the
following: Audio recording (13) Subject to any conditions specified by the Board, a
victim, or a person referred to in subsection 142(3), is entitled, on request, after a hearing in respect of a review referred to in paragraph (1)(a) or (b), to listen to an audio recording of the hearing, other than portions of the hearing that the Board considers (a) could reasonably be expected to jeopardize the
safety of any person or reveal a source of information obtained in confidence; or (b) should not be heard by the victim or a person referred to in subsection 142(3) because the privacy interests of any person clearly outweighs the interest of the victim or person referred to in that subsection.
1995, ch. 42, s. 58(F)
35 Subsection 151(3) of the Act is replaced by the
following: Respect for diversity (3) Policies adopted under paragraph (2)(a) must respect gender, ethnic, cultural and linguistic differences and be responsive to the special needs of women and of Indigenous persons, as well as to the needs of other groups of offenders with special requirements. 36 Section 220 of the Act is repealed.
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R.S., c. C-47
Criminal Records Act 1992, c. 22, s. 6
37 Paragraph 6.1(1)(b) of the English version of
the Criminal Records Act is replaced by the following: (b) more than three years have elapsed since the day
on which the offender was ordered discharged on the conditions prescribed in a probation order.
Transitional Provisions Words and expressions 38 Unless the context otherwise requires, words
and expressions used in sections 39 and 40 have the same meaning as in subsection 2(1) or 99(1) of the Corrections and Conditional Release Act.
Inmate is in administrative segregation 39 If an inmate is in administrative segregation
immediately before the coming into force of section 10, on the day on which that section comes into force that inmate is deemed to have been authorized to be transferred to a structured intervention unit under an authorization given under subsection 29.01(1) of the Corrections and Conditional Release Act, as enacted by section 7. Sanction under paragraph 44(1)(f) 40 An inmate who is subject to a disciplinary sanction referred to in paragraph 44(1)(f) of the Corrections and Conditional Release Act immediately before the coming into force of section 11 ceases to be subject to that sanction on the day on which that section comes into force.
Review and Report Review by committee 40.1 (1) At the start of the fifth year after the day
on which this section comes into force, a comprehensive review of the provisions enacted by this Act must be undertaken by the committee of the Senate, of the House of Commons or of both Houses of Parliament that may be designated or established for that purpose.
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Report to Parliament (2) The committee referred to in subsection (1)
must, within one year after the review is undertaken under that subsection, submit a report to the House or Houses of Parliament of which it is a committee, including a statement setting out any changes to the provisions that the committee recommends.
Coming into Force Order in Council 41 (1) Sections 3, 7, 10, 11, 14 and 29 and subsection 31(1) come into force on a day to be fixed by order of the Governor in Council.
Order in Council (2) Sections 12, 15, 16, 18, 21 and 22 come into force on a day to be fixed by order of the Governor in Council.
Order in Council (3) Sections 28 and 30 and subsection 31(2) come
into force on a day to be fixed by order of the Governor in Council.
Published under authority of the Speaker of the House of Commons 2015-2016-2017-2018-2019
Disponible sur le site Web de la Chambre des comm
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First Session, Forty-second Parliament, 64-65-66-67-68 Elizabeth II, 2015-2016-2017-2018-2019
STATUTES OF CANADA 2019
CHAPTER 16
An Act to amend the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act and the Garnishment, Attachment and Pension Diversion Act and to make consequential amendments to another Act
ASSENTED TO JUNE 21, 2019 BILL C-78
SUMMARY This enactment amends the Divorce Act to, among other things, (a) replace terminology related to custody and access with terminology related to parenting; (b) establish a non-exhaustive list of criteria with respect to the best interests of the child; (c) create duties for parties and legal advisers to encourage the use of family dispute resolution processes; (d) introduce measures to assist the courts in addressing family violence; (e) establish a framework for the relocation of a child; and (f) simplify certain processes, including those related to family support obligations.
The enactment also amends the Family Orders and Agreements Enforcement Assistance Act to, among other things, (a) allow the release of information to help obtain and vary a support provision; (b) expand the release of information to other provincial family justice government entities; (c) permit the garnishment of federal moneys to recover certain expenses related to family law; and (d) extend the binding period of a garnishee summons.
The enactment also amends those two Acts to implement (a) the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children, concluded at The Hague on October 19, 1996; and (b) the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, concluded at The Hague on November 23, 2007. The enactment also amends the Garnishment, Attachment and Pension Diversion Act to, among other things, (a) give priority to family support obligations; and (b) simplify the processes under the Act. Finally, this enactment also includes transitional provisions and makes consequential amendments to the Criminal Code.
i
64-65-66-67-68 ELIZABETH II
CHAPTER 16 An Act to amend the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act and the Garnishment, Attachment and Pension Diversion Act and to make consequential amendments to another Act [Assented to 21st June, 2019] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: R.S., c. 3 (2nd Supp.)
Divorce Act 1 (1) The definitions custody and custody order in
subsection 2(1) of the Divorce Act are repealed. (2) The definition accès in subsection 2(1) of the
French version of the Act is repealed. 1997, c. 1, s. 1(3)
(3) The definition provincial child support service in subsection 2(1) of the Act is replaced by the following:
provincial child support service means any service, agency or body designated in an agreement with a province under subsection 25.01(1) or 25.1(1); (service provincial des aliments pour enfants) 1997, c. 1, s. 1(1); 2005, c. 33, s. 8(1)
(4) The definitions corollary relief proceeding, divorce proceeding and spouse in subsection 2(1) of the Act are replaced by the following: corollary relief proceeding means a proceeding in a court in which either or both former spouses seek a child support order, a spousal support order or a parenting order; (action en mesures accessoires)
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divorce proceeding means a proceeding in a court in which either or both spouses seek a divorce alone or together with a child support order, a spousal support order or a parenting order; (action en divorce) spouse includes, in subsection 6(1) and sections 15.1 to 16.96, 21.1, 25.01 and 25.1, a former spouse; (époux)
(5) The definition spouse in subsection 2(1) of the
Act is replaced by the following: spouse includes, in subsection 6(1) and sections 15.1 to 16.96, 21.1, 25.01, 25.1 and 30.7, a former spouse; (époux) 1997, c. 1, s. 1(3)
(6) Paragraph (a) of the definition applicable
guidelines in subsection 2(1) of the Act is replaced by the following: (a) if both spouses or former spouses are habitually resident in the same province at the time an application is made for a child support order or for a variation order in respect of a child support order or the amount of a child support is to be calculated or recalculated under section 25.01 or 25.1, and that province has been designated by an order made under subsection (5), the laws of the province specified in the order, and
(7) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:
competent authority means, except as otherwise provided, a tribunal or other entity in a country other than Canada, or a subdivision of such a country, that has the authority to make a decision under their law respecting any subject matter that could be dealt with under this Act; (autorité compétente) contact order means an order made under subsection 16.5(1); (ordonnance de contact) decision-making responsibility means the responsibility for making significant decisions about a child’s wellbeing, including in respect of (a) health; (b) education;
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(c) culture, language, religion and spirituality; and (d) significant extra-curricular activities; (responsabilités décisionnelles) family dispute resolution process means a process outside of court that is used by parties to a family law dispute to attempt to resolve any matters in dispute, including negotiation, mediation and collaborative law; (mécanisme de règlement des différends familiaux) family justice services means public or private services intended to help persons deal with issues arising from separation or divorce; (services de justice familiale) family member includes a member of the household of a child of the marriage or of a spouse or former spouse as well as a dating partner of a spouse or former spouse who participates in the activities of the household; (membre de la famille) family violence means any conduct, whether or not the conduct constitutes a criminal offence, by a family member towards another family member, that is violent or threatening or that constitutes a pattern of coercive and controlling behaviour or that causes that other family member to fear for their own safety or for that of another person — and in the case of a child, the direct or indirect exposure to such conduct — and includes (a) physical abuse, including forced confinement but excluding the use of reasonable force to protect themselves or another person; (b) sexual abuse; (c) threats to kill or cause bodily harm to any person; (d) harassment, including stalking; (e) the failure to provide the necessaries of life; (f) psychological abuse; (g) financial abuse; (h) threats to kill or harm an animal or damage property; and (i) the killing or harming of an animal or the damaging of property; (violence familiale)
legal adviser means any person who is qualified, in accordance with the law of a province, to represent or provide legal advice to another person in any proceeding under this Act; (conseiller juridique)
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order assignee means a minister, member, agency or public body to whom a support order is assigned under subsection 20.1(1); (cessionnaire de la créance alimentaire) parenting order means an order made under subsection 16.1(1); (ordonnance parentale) parenting time means the time that a child of the marriage spends in the care of a person referred to in subsection 16.1(1), whether or not the child is physically with that person during that entire time; (temps parental) relocation means a change in the place of residence of a child of the marriage or a person who has parenting time or decision-making responsibility — or who has a pending application for a parenting order — that is likely to have a significant impact on the child’s relationship with (a) a person who has parenting time, decision-making
responsibility or an application for a parenting order in respect of that child pending; or (b) a person who has contact with the child under a contact order; (déménagement important)
2002, c. 8, par. 183(1)(i)
2 Subsections 3(2) and (3) of the Act are replaced
by the following: Jurisdiction if two proceedings commenced on different days (2) If divorce proceedings between the same spouses are
pending in two courts that would otherwise have jurisdiction under subsection (1) and were commenced on different days, and the proceeding that was commenced first is not discontinued, the court in which a divorce proceeding was commenced first has exclusive jurisdiction to hear and determine any divorce proceeding then pending between the spouses and the second divorce proceeding is deemed to be discontinued.
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Jurisdiction if two proceedings commenced on same day (3) If divorce proceedings between the same spouses are
pending in two courts that would otherwise have jurisdiction under subsection (1) and were commenced on the same day, and neither proceeding is discontinued within 40 days after it was commenced, the Federal Court shall, on application by either or both spouses, determine which court retains jurisdiction by applying the following rules: (a) if at least one of the proceedings includes an application for a parenting order, the court that retains jurisdiction is the court in the province in which the child is habitually resident; (b) if neither of the proceedings includes an application for a parenting order, the court that retains jurisdiction is the court in the province in which the spouses last maintained a habitual residence in common if one of the spouses is habitually resident in that province; and (c) in any other case, the court that retains jurisdiction is the court that the Federal Court determines to be the most appropriate. 1993, c. 8, s. 1; 2002, c. 8, par. 183(1)(i)
3 Subsections 4(2) and (3) of the Act are replaced
by the following: Jurisdiction if two proceedings commenced on different days (2) If corollary relief proceedings between the same former spouses and in respect of the same matter are pending in two courts that would otherwise have jurisdiction under subsection (1) and were commenced on different days, and the proceeding that was commenced first is not discontinued, the court in which a corollary relief proceeding was commenced first has exclusive jurisdiction to hear and determine any corollary relief proceeding then pending between the former spouses in respect of that matter and the second corollary relief proceeding is deemed to be discontinued. Jurisdiction if two proceedings commenced on same day (3) If corollary relief proceedings between the same former spouses and in respect of the same matter are pending in two courts that would otherwise have jurisdiction under subsection (1) and were commenced on the same day, and neither proceeding is discontinued within 40 days after it was commenced, the Federal Court shall, on application by either or both former spouses, determine
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which court retains jurisdiction by applying the following rules: (a) if at least one of the proceedings includes an application for a parenting order, the court that retains jurisdiction is the court in the province in which the child is habitually resident; (b) if neither of the proceedings includes an application for a parenting order, the court that retains jurisdiction is the court in the province in which the former spouses last maintained a habitual residence in common if one of the former spouses is habitually resident in that province; and (c) in any other case, the court that retains jurisdiction is the court that the Federal Court determines to be the most appropriate. 2002, c. 8, par. 183(1)(i)
4 Subsections 5(2) and (3) of the Act are replaced
by the following: Jurisdiction if two proceedings commenced on different days (2) If variation proceedings between the same former
spouses and in respect of the same matter are pending in two courts that would otherwise have jurisdiction under subsection (1) and were commenced on different days, and the proceeding that was commenced first is not discontinued, the court in which a variation proceeding was commenced first has exclusive jurisdiction to hear and determine any variation proceeding then pending between the former spouses in respect of that matter and the second variation proceeding is deemed to be discontinued. Jurisdiction if two proceedings commenced on same day (3) If variation proceedings between the same former spouses and in respect of the same matter are pending in two courts that would otherwise have jurisdiction under subsection (1) and were commenced on the same day, and neither proceeding is discontinued within 40 days after it was commenced, the Federal Court shall, on application by either or both former spouses, determine which court retains jurisdiction by applying the following rules: (a) if at least one of the proceedings includes an application for a variation order in respect of a parenting order, the court that retains jurisdiction is the court in the province in which the child is habitually resident; (b) if neither of the proceedings includes an application for a variation order in respect of a parenting order, the court that retains jurisdiction is the court in
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the province in which the former spouses last maintained a habitual residence in common if one of the former spouses is habitually resident in that province; and (c) in any other case, the court that retains jurisdiction is the court that the Federal Court determines to be the most appropriate. 5 Subsections 6(1) to (3) of the Act are replaced by the following:
Transfer of proceeding if parenting order applied for 6 (1) If an application for an order under section 16.1 is made in a divorce proceeding or corollary relief proceeding to a court in a province and the child of the marriage in respect of whom the order is sought is habitually resident in another province, the court may, on application by a spouse or on its own motion, transfer the proceeding to a court in that other province.
Transfer of variation proceeding in respect of parenting order (2) If an application for a variation order in respect of a
parenting order is made in a variation proceeding to a court in a province and the child of the marriage in respect of whom the variation order is sought is habitually resident in another province, the court may, on application by a former spouse or on its own motion, transfer the variation proceeding to a court in that other province. 6 The Act is amended by adding the following after section 6: Jurisdiction — application for contact order 6.1 (1) If a court in a province is seized of an application for a parenting order in respect of a child, the court has jurisdiction to hear and determine an application for a contact order in respect of the child.
Jurisdiction — no pending variation proceeding (2) If no variation proceeding related to a parenting order in respect of a child is pending, a court in a province in which the child is habitually resident has jurisdiction to hear and determine an application for a contact order, an application for a variation order in respect of a contact order or an application for a variation order in respect of a parenting order brought by a person referred to in subparagraph 17(1)(b)(ii), unless the court considers that a court in another province is better placed to hear and determine the application, in which case the court shall
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transfer the proceeding to the court in that other province. No jurisdiction — contact order (3) For greater certainty, if no parenting order has been
made in respect of a child, no application for a contact order may be brought under this Act in respect of the child. Removal or retention of child of marriage 6.2 (1) If a child of the marriage is removed from or retained in a province contrary to sections 16.9 to 16.96 or provincial law, a court in the province in which the child was habitually resident that would have had jurisdiction under sections 3 to 5 immediately before the removal or retention has jurisdiction to hear and determine an application for a parenting order, unless the court is satisfied (a) that all persons who are entitled to object to the
removal or retention have ultimately consented or acquiesced to the removal or retention; (b) that there has been undue delay in contesting the
removal or retention by those persons; or (c) that a court in the province in which the child is
present is better placed to hear and determine the application.
Transfer (2) If the court in the province in which the child was habitually resident immediately before the removal or retention is satisfied that any of paragraphs (1)(a) to (c) apply, (a) the court shall transfer the application to the court in the province in which the child is present; and (b) the court may transfer any other application under
this Act in respect of the parties to the court in the province in which the child is present. Federal Court (3) If after the child’s removal from or retention in a province, two proceedings are commenced on the same day as described in subsection 3(3), 4(3) or 5(3), this section prevails over those subsections and the Federal Court shall determine which court has jurisdiction under this section. A reference in this section to “court in the province in which the child was habitually resident” is to be read as “Federal Court”.
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Child habitually resident outside Canada 6.3 (1) If a child of the marriage is not habitually resident in Canada, a court in the province that would otherwise have jurisdiction under sections 3 to 5 to make a parenting order or contact order, or a variation order in respect of such an order, has jurisdiction to do so only in exceptional circumstances and if the child is present in the province.
Exceptional circumstances (2) In determining whether there are exceptional circumstances, the court shall consider all relevant factors, including (a) whether there is a sufficient connection between the child and the province; (b) the urgency of the situation; (c) the importance of avoiding a multiplicity of proceedings and inconsistent decisions; and (d) the importance of discouraging child abduction. 7 Subsection 6.3(1) of the Act is replaced by the
following: Child habitually resident outside Canada 6.3 (1) Subject to sections 30 to 31.3, if a child of the marriage is not habitually resident in Canada, a court in the province that would otherwise have jurisdiction under sections 3 to 5 to make a parenting order or contact order, or a variation order in respect of such an order, has jurisdiction to do so only in exceptional circumstances and if the child is present in the province.
8 The Act is amended by adding the following after section 7:
Duties Parties to a Proceeding Best interests of child 7.1 A person to whom parenting time or decision-making responsibility has been allocated in respect of a child of the marriage or who has contact with that child under a contact order shall exercise that time, responsibility or
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contact in a manner that is consistent with the best interests of the child. Protection of children from conflict 7.2 A party to a proceeding under this Act shall, to the
best of their ability, protect any child of the marriage from conflict arising from the proceeding. Family dispute resolution process 7.3 To the extent that it is appropriate to do so, the parties to a proceeding shall try to resolve the matters that may be the subject of an order under this Act through a family dispute resolution process.
Complete, accurate and up-to-date information 7.4 A party to a proceeding under this Act or a person
who is subject to an order made under this Act shall provide complete, accurate and up-to-date information if required to do so under this Act.
Duty to comply with orders 7.5 For greater certainty, a person who is subject to an order made under this Act shall comply with the order until it is no longer in effect.
Certification 7.6 Every document that formally commences a proceeding under this Act, or that responds to such a document, that is filed with a court by a party to a proceeding shall contain a statement by the party certifying that they are aware of their duties under sections 7.1 to 7.5.
Legal Adviser Reconciliation 7.7 (1) Unless the circumstances of the case are of such a nature that it would clearly not be appropriate to do so, it is the duty of every legal adviser who undertakes to act on a spouse’s behalf in a divorce proceeding (a) to draw to the attention of the spouse the provisions of this Act that have as their object the reconciliation of spouses; and (b) to discuss with the spouse the possibility of the reconciliation of the spouses and to inform the spouse of the marriage counselling or guidance facilities known to the legal adviser that might be able to assist the spouses to achieve a reconciliation.
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Duty to discuss and inform (2) It is also the duty of every legal adviser who undertakes to act on a person’s behalf in any proceeding under this Act (a) to encourage the person to attempt to resolve the
matters that may be the subject of an order under this Act through a family dispute resolution process, unless the circumstances of the case are of such a nature that it would clearly not be appropriate to do so; (b) to inform the person of the family justice services known to the legal adviser that might assist the person (i) in resolving the matters that may be the subject of an order under this Act, and (ii) in complying with any order or decision made
under this Act; and (c) to inform the person of the parties’ duties under this Act.
Certification (3) Every document that formally commences a proceeding under this Act, or that responds to such a document, that is filed with a court by a legal adviser shall contain a statement by the legal adviser certifying that they have complied with this section.
Court Purpose of section 7.8 (1) The purpose of this section is to facilitate (a) the identification of orders, undertakings, recognizances, agreements or measures that may conflict with an order under this Act; and (b) the coordination of proceedings.
Information regarding other orders or proceedings (2) In a proceeding for corollary relief and in relation to
any party to that proceeding, the court has a duty to consider if any of the following are pending or in effect, unless the circumstances of the case are of such a nature that it would clearly not be appropriate to do so: (a) a civil protection order or a proceeding in relation to such an order; (b) a child protection order, proceeding, agreement or
measure; or
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(c) an order, proceeding, undertaking or recognizance
in relation to any matter of a criminal nature. In order to carry out the duty, the court may make inquiries of the parties or review information that is readily available and that has been obtained through a search carried out in accordance with provincial law, including the rules made under subsection 25(2). Definition of civil protection order (3) In this section, civil protection order means a civil order that is made to protect a person’s safety, including an order that prohibits a person from (a) being in physical proximity to a specified person or following a specified person from place to place; (b) contacting or communicating with a specified person, either directly or indirectly; (c) attending at or being within a certain distance of a specified place or location; (d) engaging in harassing or threatening conduct directed at a specified person; (e) occupying a family home or a residence; or (f) engaging in family violence.
9 Section 9 of the Act is repealed. 10 Subsection 11(4) of the Act is replaced by the following:
Definition of collusion (4) In this section, collusion means an agreement or conspiracy to which an applicant for a divorce is either directly or indirectly a party for the purpose of subverting the administration of justice, and includes any agreement, understanding or arrangement to fabricate or suppress evidence or to deceive the court, but does not include an agreement to the extent that it provides for separation between the parties, financial support, division of property or the exercise of parenting time or decisionmaking responsibility. 1997, c. 1, s. 2
11 Section 15 of the Act and the heading “Interpretation” before it are repealed.
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1997, c. 1, s. 3
12 Section 16 of the Act and the heading before it are replaced by the following:
Best Interests of the Child Best interests of child 16 (1) The court shall take into consideration only the
best interests of the child of the marriage in making a parenting order or a contact order. Primary consideration (2) When considering the factors referred to in subsection (3), the court shall give primary consideration to the child’s physical, emotional and psychological safety, security and well-being.
Factors to be considered (3) In determining the best interests of the child, the
court shall consider all factors related to the circumstances of the child, including (a) the child’s needs, given the child’s age and stage of
development, such as the child’s need for stability; (b) the nature and strength of the child’s relationship
with each spouse, each of the child’s siblings and grandparents and any other person who plays an important role in the child’s life; (c) each spouse’s willingness to support the development and maintenance of the child’s relationship with the other spouse; (d) the history of care of the child; (e) the child’s views and preferences, giving due
weight to the child’s age and maturity, unless they cannot be ascertained; (f) the child’s cultural, linguistic, religious and spiritual upbringing and heritage, including Indigenous upbringing and heritage; (g) any plans for the child’s care; (h) the ability and willingness of each person in respect of whom the order would apply to care for and meet the needs of the child; (i) the ability and willingness of each person in respect of whom the order would apply to communicate and cooperate, in particular with one another, on matters affecting the child;
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(j) any family violence and its impact on, among other
things, (i) the ability and willingness of any person who
engaged in the family violence to care for and meet the needs of the child, and (ii) the appropriateness of making an order that would require persons in respect of whom the order would apply to cooperate on issues affecting the child; and (k) any civil or criminal proceeding, order, condition,
or measure that is relevant to the safety, security and well-being of the child. Factors relating to family violence (4) In considering the impact of any family violence under paragraph (3)(j), the court shall take the following into account: (a) the nature, seriousness and frequency of the family violence and when it occurred; (b) whether there is a pattern of coercive and controlling behaviour in relation to a family member; (c) whether the family violence is directed toward the child or whether the child is directly or indirectly exposed to the family violence; (d) the physical, emotional and psychological harm or
risk of harm to the child; (e) any compromise to the safety of the child or other
family member; (f) whether the family violence causes the child or other family member to fear for their own safety or for that of another person; (g) any steps taken by the person engaging in the family violence to prevent further family violence from occurring and improve their ability to care for and meet the needs of the child; and (h) any other relevant factor.
Past conduct (5) In determining what is in the best interests of the
child, the court shall not take into consideration the past conduct of any person unless the conduct is relevant to the exercise of their parenting time, decision-making
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responsibility or contact with the child under a contact order. Maximum parenting time (6) In allocating parenting time, the court shall give effect to the principle that a child should have as much time with each spouse as is consistent with the best interests of the child.
Parenting order and contact order (7) In this section, a parenting order includes an interim
parenting order and a variation order in respect of a parenting order, and a contact order includes an interim contact order and a variation order in respect of a contact order.
Parenting Orders Parenting order 16.1 (1) A court of competent jurisdiction may make an order providing for the exercise of parenting time or decision-making responsibility in respect of any child of the marriage, on application by (a) either or both spouses; or (b) a person, other than a spouse, who is a parent of the child, stands in the place of a parent or intends to stand in the place of a parent.
Interim order (2) The court may, on application by a person described
in subsection (1), make an interim parenting order in respect of the child, pending the determination of an application made under that subsection. Application by person other than spouse (3) A person described in paragraph (1)(b) may make an application under subsection (1) or (2) only with leave of the court.
Contents of parenting order (4) The court may, in the order, (a) allocate parenting time in accordance with section 16.2; (b) allocate decision-making responsibility in accordance with section 16.3; (c) include requirements with respect to any means of communication, that is to occur during the parenting time allocated to a person, between a child and
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another person to whom parenting time or decisionmaking responsibility is allocated; and (d) provide for any other matter that the court considers appropriate. Terms and conditions (5) The court may make an order for a definite or indefinite period or until a specified event occurs, and may impose any terms, conditions and restrictions that it considers appropriate.
Family dispute resolution process (6) Subject to provincial law, the order may direct the
parties to attend a family dispute resolution process.
Relocation (7) The order may authorize or prohibit the relocation of the child.
Supervision (8) The order may require that parenting time or the transfer of the child from one person to another be supervised.
Prohibition on removal of child (9) The order may prohibit the removal of a child from a specified geographic area without the written consent of any specified person or without a court order authorizing the removal.
Parenting time — schedule 16.2 (1) Parenting time may be allocated by way of a
schedule. Day-to-day decisions (2) Unless the court orders otherwise, a person to whom
parenting time is allocated under paragraph 16.1(4)(a) has exclusive authority to make, during that time, day-today decisions affecting the child.
Allocation of decision-making responsibility 16.3 Decision-making responsibility in respect of a child, or any aspect of that responsibility, may be allocated to either spouse, to both spouses, to a person described in paragraph 16.1(1)(b), or to any combination of those persons.
Entitlement to information 16.4 Unless the court orders otherwise, any person to
whom parenting time or decision-making responsibility
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has been allocated is entitled to request from another person to whom parenting time or decision-making responsibility has been allocated information about the child’s well-being, including in respect of their health and education, or from any other person who is likely to have such information, and to be given such information by those persons subject to any applicable laws.
Contact Orders Contact order 16.5 (1) A court of competent jurisdiction may, on application by a person other than a spouse, make an order providing for contact between that person and a child of the marriage.
Interim order (2) The court may, on application by a person referred to
in subsection (1), make an interim order providing for contact between that person and the child, pending the determination of the application made under that subsection. Leave of the court (3) A person may make an application under subsection (1) or (2) only with leave of the court, unless they obtained leave of the court to make an application under section 16.1.
Factors in determining whether to make order (4) In determining whether to make a contact order under this section, the court shall consider all relevant factors, including whether contact between the applicant and the child could otherwise occur, for example during the parenting time of another person.
Contents of contact order (5) The court may, in the contact order, (a) provide for contact between the applicant and the
child in the form of visits or by any means of communication; and (b) provide for any other matter that the court considers appropriate.
Terms and conditions (6) The court may make a contact order for a definite or indefinite period or until a specified event occurs, and may impose any terms, conditions and restrictions that it considers appropriate.
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Supervision (7) The order may require that the contact or transfer of
the child from one person to another be supervised.
Prohibition on removal of child (8) The order may provide that a child shall not be removed from a specified geographic area without the written consent of any specified person or without a court order authorizing the removal.
Variation of parenting order (9) If a parenting order in respect of the child has already been made, the court may make an order varying the parenting order to take into account a contact order it makes under this section, and subsections 17(3) and (11) apply as a consequence with any necessary modifications.
Parenting Plan Parenting plan 16.6 (1) The court shall include in a parenting order or a contact order, as the case may be, any parenting plan submitted by the parties unless, in the opinion of the court, it is not in the best interests of the child to do so, in which case the court may make any modifications to the plan that it considers appropriate and include it in the order.
Definition of parenting plan (2) In subsection (1), parenting plan means a document
or part of a document that contains the elements relating to parenting time, decision-making responsibility or contact to which the parties agree.
Change in Place of Residence Non-application 16.7 Section 16.8 does not apply to a change in the place of residence that is a relocation.
Notice 16.8 (1) A person who has parenting time or decisionmaking responsibility in respect of a child of the marriage and who intends to change their place of residence or that of the child shall notify any other person who has parenting time, decision-making responsibility or contact
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under a contact order in respect of that child of their intention. Form and content of notice (2) The notice shall be given in writing and shall set out (a) the date on which the change is expected to occur;
and (b) the address of the new place of residence and contact information of the person or child, as the case may be. Exception (3) Despite subsections (1) and (2), the court may, on application, provide that the requirements in those subsections do not apply or may modify them, including where there is a risk of family violence.
Application without notice (4) An application referred to in subsection (3) may be made without notice to any other party.
Relocation Notice 16.9 (1) A person who has parenting time or decisionmaking responsibility in respect of a child of the marriage and who intends to undertake a relocation shall notify, at least 60 days before the expected date of the proposed relocation and in the form prescribed by the regulations, any other person who has parenting time, decision-making responsibility or contact under a contact order in respect of that child of their intention. Content of notice (2) The notice must set out (a) the expected date of the relocation; (b) the address of the new place of residence and contact information of the person or child, as the case may be; (c) a proposal as to how parenting time, decisionmaking responsibility or contact, as the case may be, could be exercised; and (d) any other information prescribed by the regulations. Exception (3) Despite subsections (1) and (2), the court may, on application, provide that the requirements in those
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subsections, or in the regulations made for the purposes of those subsections, do not apply or may modify them, including where there is a risk of family violence. Application without notice (4) An application referred to in subsection (3) may be
made without notice to any other party. Relocation authorized 16.91 (1) A person who has given notice under section
16.9 and who intends to relocate a child may do so as of the date referred to in the notice if (a) the relocation is authorized by a court; or (b) the following conditions are satisfied: (i) the person with parenting time or decision-making responsibility in respect of the child who has received a notice under subsection 16.9(1) does not object to the relocation within 30 days after the day on which the notice is received, by setting out their objection in (A) a form prescribed by the regulations, or (B) an application made under 16.1(1) or paragraph 17(1)(b), and
subsection
(ii) there is no order prohibiting the relocation.
Content of form (2) The form must set out (a) a statement that the person objects to the proposed relocation; (b) the reasons for the objection; (c) the person’s views on the proposal for the exercise of parenting time, decision-making responsibility or contact, as the case may be, that is set out in the notice referred to in subsection 16.9(1); and (d) any other information prescribed by the regulations.
Best interests of child — additional factors to be considered 16.92 (1) In deciding whether to authorize a relocation
of a child of the marriage, the court shall, in order to determine what is in the best interests of the child, take into
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consideration, in addition to the factors referred to in section 16, (a) the reasons for the relocation; (b) the impact of the relocation on the child; (c) the amount of time spent with the child by each
person who has parenting time or a pending application for a parenting order and the level of involvement in the child’s life of each of those persons; (d) whether the person who intends to relocate the
child complied with any applicable notice requirement under section 16.9, provincial family law legislation, an order, arbitral award, or agreement; (e) the existence of an order, arbitral award, or agreement that specifies the geographic area in which the child is to reside; (f) the reasonableness of the proposal of the person
who intends to relocate the child to vary the exercise of parenting time, decision-making responsibility or contact, taking into consideration, among other things, the location of the new place of residence and the travel expenses; and (g) whether each person who has parenting time or decision-making responsibility or a pending application for a parenting order has complied with their obligations under family law legislation, an order, arbitral award, or agreement, and the likelihood of future compliance.
Factor not to be considered (2) In deciding whether to authorize a relocation of the child, the court shall not consider, if the child’s relocation was prohibited, whether the person who intends to relocate the child would relocate without the child or not relocate.
Burden of proof — person who intends to relocate child 16.93 (1) If the parties to the proceeding substantially
comply with an order, arbitral award, or agreement that provides that a child of the marriage spend substantially equal time in the care of each party, the party who intends to relocate the child has the burden of proving that the relocation would be in the best interests of the child.
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Burden of proof — person who objects to relocation (2) If the parties to the proceeding substantially comply with an order, arbitral award or agreement that provides that a child of the marriage spends the vast majority of their time in the care of the party who intends to relocate the child, the party opposing the relocation has the burden of proving that the relocation would not be in the best interests of the child.
Burden of proof — other cases (3) In any other case, the parties to the proceeding have the burden of proving whether the relocation is in the best interests of the child.
Power of court — interim order 16.94 A court may decide not to apply subsections
16.93(1) and (2) if the order referred to in those subsections is an interim order. Costs relating to exercise of parenting time 16.95 If a court authorizes the relocation of a child of the marriage, it may provide for the apportionment of costs relating to the exercise of parenting time by a person who is not relocating between that person and the person who is relocating the child.
Notice — persons with contact 16.96 (1) A person who has contact with a child of the
marriage under a contact order shall notify, in writing, any person with parenting time or decision-making responsibility in respect of that child of their intention to change their place of residence, the date on which the change is expected to occur, the address of their new place of residence and their contact information.
Notice — significant impact (2) If the change is likely to have a significant impact on
the child’s relationship with the person, the notice shall be given at least 60 days before the change in place of residence, in the form prescribed by the regulations, and shall set out, in addition to the information required in subsection (1), a proposal as to how contact could be exercised in light of the change and any other information prescribed by the regulations.
Exception (3) Despite subsections (1) and (2), the court may, on application, order that the requirements in those subsections, or in the regulations made for the purposes of those subsections, do not apply or modify them, if the
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court is of the opinion that it is appropriate to do so, including where there is a risk of family violence. Application without notice (4) An application referred to in subsection (3) may be made without notice to any other party. 13 (1) Subsections 17(1) to (3) of the Act are replaced by the following: Variation order 17 (1) A court of competent jurisdiction may make an
order varying, rescinding or suspending, retroactively or prospectively, (a) a support order or any provision of one, on application by either or both former spouses; (b) a parenting order or any provision of one, on application by (i) either or both former spouses, or (ii) a person, other than a former spouse, who is a parent of the child, stands in the place of a parent or intends to stand in the place of a parent; or (c) a contact order or any provision of one, on application by a person to whom the order relates.
Leave of the court (2) A person to whom the parenting order in question
does not relate may make an application under subparagraph (1)(b)(ii) only with leave of the court.
Variation of parenting order (2.1) If the court makes a variation order in respect of a contact order, it may make an order varying the parenting order to take into account that variation order, and subsections (3) and (11) apply as a consequence with any necessary modifications.
Variation of contact order (2.2) If the court makes a variation order in respect of a parenting order, it may make an order varying any contact order to take into account that variation order, and subsections (3) and (11) apply as a consequence with any necessary modifications.
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Conditions of order (3) The court may include in a variation order any provision that under this Act could have been included in the order in respect of which the variation order is sought, and the court has the same powers and obligations that it would have when making that order.
2007, c. 14, s. 1
(2) Subsections 17(5) and (5.1) of the Act are replaced by the following:
Factors for parenting order or contact order (5) Before the court makes a variation order in respect of
a parenting order or contact order, the court shall satisfy itself that there has been a change in the circumstances of the child since the making of the order or the last variation order made in respect of the order, or of an order made under subsection 16.5(9).
Variation order (5.1) For the purposes of subsection (5), a former
spouse’s terminal illness or critical condition shall be considered a change in the circumstances of the child, and the court shall make a variation order in respect of a parenting order with regard to the allocation of parenting time. Relocation — change in circumstances (5.2) The relocation of a child is deemed to constitute a change in the circumstances of the child for the purposes of subsection (5).
Relocation prohibited — no change in circumstances (5.3) A relocation of a child that has been prohibited by a court under paragraph (1)(b) or section 16.1 does not, in itself, constitute a change in the circumstances of the child for the purposes of subsection (5). (3) Section 17 of the Act is amended by adding the
following after subsection (6.5):
Priority to child support (6.6) Section 15.3 applies, with any necessary modifications, when a court is considering an application under paragraph (1)(a) in respect of a child support order and an application under that paragraph in respect of a spousal support order.
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(4) Subsection 17(9) of the Act is repealed.
(5) Subsection 17(11) of the Act is replaced by the following:
Copy of order (11) Where a court makes a variation order in respect of
a support order, parenting order or contact order made by another court, it shall send a copy of the variation order, certified by a judge or officer of the court, to that other court.
1993, c. 8, ss. 2 and 3 and s. 4(1), c. 28, s. 78 (Sch. III, item 43); 1997, c. 1, ss. 6 and 7; 2002, c. 7, s. 159; 2014, c. 2, s. 33
14 Sections 17.1 to 19 of the Act are replaced by the following:
Proceedings Between Provinces and Between a Province and a Designated Jurisdiction To Obtain, Vary, Rescind or Suspend Support Orders or To Recognize Decisions of Designated Jurisdictions Definitions Definitions 18 The following definitions apply in this section and in
sections 18.1 to 19.1. competent authority means a court that has the authority to make an order or another entity that has the authority to make a decision with respect to support under this Act. (autorité compétente) designated authority means a person or entity that is designated by a province to exercise the powers or perform the duties and functions set out in sections 18.1 to 19.1 within the province. (autorité désignée) designated jurisdiction means a jurisdiction outside Canada — whether a country or a political subdivision of a country — that is designated under an Act that relates to the reciprocal enforcement of orders relating to support, of the province in which either of the former spouses resides. (État désigné) responsible authority means a person or entity that, in a designated jurisdiction, performs functions that are
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similar to those performed by the designated authority under subsection 19(4). (autorité responsable)
Inter-Jurisdictional Proceedings Between Provinces Receipt and Sending of Applications If former spouses reside in different provinces 18.1 (1) If the former spouses are resident in different
provinces, either of them may, without notice to the other, (a) commence a proceeding to obtain, vary, rescind or suspend, retroactively or prospectively, a support order; or (b) request to have the amount of child support calculated or recalculated, if the provincial child support service in the province in which the other former spouse habitually resides provides such a service. Procedure (2) A proceeding referred to in paragraph (1)(a) shall be governed by this section, sections 18.2 and 18.3 and provincial law, with any necessary modifications, to the extent that the provincial law is not inconsistent with this Act.
Application (3) For the purpose of subsection (1), a former spouse
shall submit an application to the designated authority of the province in which they are resident. Sending application to respondent’s province (4) After reviewing the application and ensuring that it is
complete, the designated authority referred to in subsection (3) shall send it to the designated authority of the province in which the applicant believes the respondent is habitually resident. Sending application to competent authority in respondent’s province (5) Subject to subsection (9), the designated authority
that receives the application under subsection (4) shall send it to the competent authority in its province. Provincial child support service (6) If the competent authority is a provincial child support service, the amount of child support shall be calculated or recalculated in accordance with section 25.01 or 25.1, as the case may be.
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Service on respondent by court (7) If the competent authority is a court, it or any other person who is authorized to serve documents under the law of the province shall, on receipt of the application, serve the respondent with a copy of the application and a notice setting out the manner in which the respondent shall respond to the application and the respondent’s obligation to provide documents or information as required by the applicable law.
Service not possible — returned application (8) If the court or authorized person was unable to serve the documents under subsection (7), they shall return the application to the designated authority referred to in subsection (5).
Respondent resident in another province (9) If the designated authority knows that the respondent is habitually resident in another province, it shall send the application to the designated authority of that province.
Respondent’s habitual residence unknown (10) If the habitual residence of the respondent is unknown, the designated authority shall return the application to the designated authority referred to in subsection (3).
Applicant need not be served (11) Service of the notice and documents or information
referred to in subsection (7) on the applicant is not required. Adjournment of proceeding (12) If the court requires further evidence, it shall adjourn the proceeding. Prior to adjourning, the court may make an interim order.
Request for further evidence (13) If the court requires further evidence from the applicant, it shall request the designated authority of the province in which the court is located to communicate with the applicant or the designated authority in the province of the applicant in order to obtain the evidence.
Dismissal of application (14) If the further evidence required under subsection
(13) is not received by the court within 12 months after the day on which the court makes a request to the designated authority, the court may dismiss the application referred to in subsection (3) and terminate the interim
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order. The dismissal of the application does not preclude the applicant from making a new application. Order (15) The court may, on the basis of the evidence and the submissions of the former spouses, whether presented orally before the court or by affidavit or any means of telecommunication permitted by the rules regulating the practice and procedure in that court, make a support order or an order varying, rescinding or suspending a support order, retroactively or prospectively.
Application of certain provisions (16) Subsections 15.1(3) to (8) and 15.2(3) to (6), section 15.3 and subsections 17(3) to (4.1), (6) to (7), (10) and (11) apply, with any necessary modifications, in respect of an order referred to in subsection (15).
Broad interpretation of documents (17) For greater certainty, if a court receives a document
under this section that is in a form that is different from that required by the rules regulating the practice and procedure in that court, or that contains terminology that is different from that used in this Act or the regulations, the court shall give a broad interpretation to the document for the purpose of giving effect to it.
Conversion of Applications Application to court 18.2 (1) If an application is made to a court in a
province under paragraph 17(1)(a) for a variation order in respect of a support order and the respondent habitually resides in a different province, the respondent may, within 40 days after being served with the application, request that the court convert the application into an application under subsection 18.1(3). Conversion and sending of application (2) Subject to subsection (3) and despite section 5, the
court that receives the request shall direct that the application made under paragraph 17(1)(a), along with the evidence in support of it, be considered as an application under subsection 18.1(3), and shall send a copy of the application and of the evidence to the designated authority of the province in which the application was made. Exception (3) If the application under paragraph 17(1)(a) is accompanied by an application under paragraph 17(1)(b) for a variation order in respect of a parenting order, the court that receives the request shall issue the direction referred to in subsection (2) only if it considers it appropriate to do so in the circumstances.
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Application of certain provisions (4) Once the designated authority receives the copy of
the application under subsection (2), subsections 18.1(2), (4), (5), (7) and (12) to (17) apply, with any necessary modifications, in respect of that application. No action by respondent 18.3 (1) If an application is made to a court in a
province under paragraph 17(1)(a) for a variation order in respect of a support order, the respondent habitually resides in a different province and the respondent does not file an answer to the application or request a conversion under subsection 18.2(1), the court to which the application was made (a) shall hear and determine the application in accordance with section 17 in the respondent’s absence, if it is satisfied that there is sufficient evidence to do so; or (b) if it is not so satisfied, may direct, despite section
5, that the application, along with the evidence in support of it, be considered as an application under subsection 18.1(3), in which case it shall send a copy of the application and of the evidence to the designated authority of the province in which the application was made. Assignment of support order (2) Before the court hears and determines an application
under paragraph (1)(a), the court shall take into consideration (a) whether the support order has been assigned under subsection 20.1(1); and (b) if the support order has been assigned, whether
the order assignee received notice of the application and did not request a conversion under subsection 18.2(1). Application of certain provisions (3) If paragraph (1)(b) applies, then subsections 18.1(2), (4), (5), (7) and (12) to (17) apply, with any necessary modifications, in respect of the application.
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Proceedings Between a Province and a Designated Jurisdiction Receipt and Sending of Designated Jurisdictions’ Applications If applicant resides in designated jurisdiction 19 (1) A former spouse who is resident in a designated
jurisdiction may, without notice to the other former spouse, (a) commence a proceeding to obtain, vary, rescind or
suspend, retroactively or prospectively, a support order; or (b) request to have the amount of child support calculated or recalculated, if the provincial child support service in the province in which the other former spouse habitually resides provides such a service. Procedure (2) A proceeding referred to in paragraph (1)(a) shall be governed by this section and provincial law, with any necessary modifications, to the extent that the provincial law is not inconsistent with this Act.
Application (3) For the purposes of subsection (1), a former spouse shall submit, through the responsible authority in the designated jurisdiction, an application to the designated authority of the province in which the applicant believes the respondent is habitually resident.
Sending application to competent authority in respondent’s province (4) After reviewing the application and ensuring that it is
complete, the designated authority referred to in subsection (3) shall send it to the competent authority in its province. Provincial child support service (5) If the competent authority is a provincial child support service, the amount of child support shall be calculated or recalculated in accordance with section 25.01 or 25.1, as the case may be. Service on respondent by court (6) If the competent authority is a court, it or any other person who is authorized to serve documents under the law of the province shall, on receipt of the application, serve the respondent with a copy of the application and a notice setting out the manner in which the respondent shall respond to the application and the respondent’s
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obligation to provide documents or information as required by the applicable law. Service not possible — returned application (7) If the court or authorized person was unable to serve
the documents under subsection (6), they shall return the application to the designated authority referred to in subsection (3). Return of application to responsible authority (8) The designated authority shall return the application to the responsible authority in the designated jurisdiction.
Applicant need not be served (9) Service of the notice and documents or information
referred to in subsection (6) on the applicant is not required. Adjournment of proceeding (10) If the court requires further evidence, it shall adjourn the proceeding. Prior to adjourning, the court may make an interim order.
Request for further evidence (11) If the court requires further evidence from the applicant, it shall request the designated authority of the province in which the court is located to communicate with the applicant or the responsible authority in the designated jurisdiction in order to obtain the evidence.
Dismissal of application (12) If the further evidence required under subsection
(11) is not received by the court within 12 months after the day on which the court makes the request to the designated authority, the court may dismiss the application referred to in subsection (3) and terminate the interim order. The dismissal of the application does not preclude the applicant from making a new application. Order (13) The court may, on the basis of the evidence and the submissions of the former spouses, whether presented orally before the court or by affidavit or any means of telecommunication permitted by the rules regulating the practice and procedure in that court, make a support order or an order varying, rescinding or suspending a support order, retroactively or prospectively.
Provisional order (14) For greater certainty, if an application under paragraph (1)(a) contains a provisional order that was made
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in the designated jurisdiction and does not have legal effect in Canada, the court may take the provisional order into consideration but is not bound by it. Application of certain provisions (15) Subsections 15.1(3) to (8) and 15.2(3) to (6), section
15.3 and subsections 17(3) to (4.1), (6) to (7), (10) and (11) apply, with any necessary modifications, in respect of an order referred to in subsection (13). Broad interpretation of documents (16) For greater certainty, if a court receives a document
under this section that is in a form that is different from that required by the rules regulating the practice and procedure in that court, or that contains terminology that is different from that used in this Act or the regulations, the court shall give a broad interpretation to the document for the purpose of giving effect to it.
Recognition of Decisions of Designated Jurisdiction Recognition of decision of designated jurisdiction varying support order 19.1 (1) A former spouse who is resident in a designated jurisdiction may, through the responsible authority in the designated jurisdiction, make an application to the designated authority of the province in which the respondent habitually resides for recognition and, if applicable, for enforcement, of a decision of the designated jurisdiction that has the effect of varying a support order.
Registration and recognition (2) The decision of the designated jurisdiction shall be
registered in accordance with the law of the province and that law, including the laws respecting reciprocal enforcement between the province and a jurisdiction outside Canada, applies in respect of the recognition of the decision. Enforcement (3) A decision that is recognized in accordance with the
law of the province is deemed to be an order made under section 17, has legal effect throughout Canada and may be enforced in any manner provided for by the law of that province, including its laws respecting reciprocal enforcement between the province and a jurisdiction outside Canada.
Legal Effect, Enforcement, Compliance and Assignment
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1997, c. 1, s. 8(1)
15 (1) Subsection 20(2) of the Act is replaced by
the following: Legal effect of orders and decisions throughout Canada (2) An order made under this Act in respect of support,
parenting time, decision-making responsibility or contact and a provincial child support service decision that calculates or recalculates the amount of child support under section 25.01 or 25.1 have legal effect throughout Canada. (2) The portion of subsection 20(3) of the Act before paragraph (a) is replaced by the following:
Enforcement (3) An order or decision that has legal effect throughout
Canada under subsection (2) may be 16 (1) Subsection 20.1(1) of the Act is amended by striking out “or” at the end of paragraph (d), by adding “or” at the end of paragraph (e) and by adding the following after paragraph (e): (f) a public body referred to in Article 36 of the 2007 Convention, as defined in section 28. 1997, c. 1, s. 9
(2) Subsection 20.1(2) of the French version of the Act is replaced by the following:
Droits (2) Le ministre, le député, le membre ou l’administration
à qui la créance alimentaire octroyée par une ordonnance a été cédée a droit aux sommes dues au titre de l’ordonnance et a le droit, dans le cadre de toute procédure relative à la modification, l’annulation, la suspension ou l’exécution de l’ordonnance, d’en être avisé ou d’y participer au même titre que la personne qui aurait autrement eu droit à ces sommes. (3) Section 20.1 of the Act is amended by adding
the following after subsection (2):
Rights — public body (3) A public body referred to in paragraph (1)(f) to whom a decision of a State Party that has the effect of varying a child support order has been assigned is entitled to the payments due under the decision, and has the same right to participate in proceedings under this Act, to recognize and enforce the decision or if the recognition of this decision is not possible, to obtain a variation order, as
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the person who would otherwise be entitled to the payments.
Definition of State Party (4) For the purpose of subsection (3), State Party has
the same meaning as in section 28. 1990, c. 18, s. 2
17 Subsection 21.1(1) of the Act is repealed.
18 Subsections 22(1) and (2) of the Act are replaced by the following: Recognition of foreign divorce 22 (1) A divorce granted, on or after the coming into force of this Act, by a competent authority shall be recognized for the purpose of determining the marital status in Canada of any person, if either former spouse was habitually resident in the country or subdivision of the competent authority for at least one year immediately preceding the commencement of proceedings for the divorce.
Recognition of foreign divorce (2) A divorce granted after July 1, 1968 by a competent authority, on the basis of the domicile of the wife in the country or subdivision of the competent authority, determined as if she were unmarried and, if she was a minor, as if she had attained the age of majority, shall be recognized for the purpose of determining the marital status in Canada of any person. 19 The Act is amended by adding the following after section 22:
Recognition of foreign order that varies parenting or contact order 22.1 (1) On application by an interested person, a court in a province that has a sufficient connection with the matter shall recognize a decision made by a competent authority that has the effect of varying, rescinding or suspending a parenting order or contact order, unless (a) the child concerned is not habitually resident in the country other than Canada in which the competent authority is located or that competent authority of that other country would not have had jurisdiction if it applied substantially equivalent rules related to the jurisdiction as those that are set out in section 6.3; (b) the decision was made, except in an urgent case,
without the child having been provided with the opportunity to be heard, in violation of fundamental principles of procedure of the province;
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(c) a person claims that the decision negatively affects
the exercise of their parenting time or decision-making responsibility or contact under a contact order, and the decision was made, except in an urgent case, without the person having been given an opportunity to be heard; (d) recognition of the decision would be manifestly
contrary to public policy, taking into consideration the best interests of the child; or (e) the decision is incompatible with a later decision
that fulfils the requirements for recognition under this section.
Effect of recognition (2) The court’s decision recognizing the competent authority’s decision is deemed to be an order made under section 17 and has legal effect throughout Canada.
Effect of non-recognition (3) The court’s decision refusing to recognize the competent authority’s decision has legal effect throughout Canada. 20 The portion of subsection 22.1(1) of the Act before paragraph (a) is replaced by the following:
Recognition of foreign order that varies parenting or contact order 22.1 (1) Subject to sections 30 to 31.3, on application by an interested person, a court in a province that has a sufficient connection with the matter shall recognize a decision made by a competent authority that has the effect of varying, rescinding or suspending a parenting order or contact order, unless
2002, c. 8, par. 183(1)(i)
21 Subsection 23(2) of the Act is replaced by the
following: Canada Evidence Act (2) The Canada Evidence Act applies in respect of a proceeding before the Federal Court to determine, under subsection 3(3), 4(3), 5(3) or 6.2(3), which court retains jurisdiction. 22 The Act is amended by adding the following after section 23:
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Means of presenting submissions 23.1 If the parties to a proceeding are habitually resident in different provinces, a court of competent jurisdiction may, in accordance with any applicable rules regulating the practice and procedure in that court, make an order on the basis of the evidence and the submissions of the parties, whether presented orally before the court or by affidavit or any means of telecommunication permitted by the rules regulating the practice and procedure in that court. 22.1 The Act is amended by adding the following after section 23:
Official languages 23.2 (1) A proceeding under this Act may be conducted in English or French, or in both official languages of Canada.
Language rights (2) In any proceeding under this Act, (a) any person has the right to use either official language, including to (i) file pleadings or other documents, (ii) give evidence, or (iii) make submissions; (b) the court shall, at the request of any person, provide simultaneous interpretation from one official language into the other; (c) any party to that proceeding has the right to a judge who speaks the same official language as that party or both official languages, as the case may be; (d) any party to that proceeding has the right to request a transcript or recording, as the case may be, of (i) what was said during that proceeding in the official language in which it was said, if what was said was taken down by a stenographer or a sound recording apparatus, and (ii) any interpretation into the other official language of what was said; and (e) the court shall, at the request of any party to that proceeding, make available in that party’s official language of choice any judgment or order that is rendered or made under this Act and that relates to that party.
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Original version prevails (3) In the case of a discrepancy between the original version of a document referred to in paragraph (2)(a) or (e) and the translated text, the original version shall prevail.
Court forms (4) The court forms relating to any proceedings under this Act shall be made available in both official languages. 1993, c. 8, s. 5
23 Paragraph 25(2)(b.1) of the Act is replaced by
the following: (b.1) respecting the application of section 23.1; 24 The Act is amended by adding the following after section 25:
Provincial child support service — calculation of child support 25.01 (1) With the approval of the Governor in Council,
the Minister of Justice may, on behalf of the Government of Canada, enter into an agreement with a province authorizing a provincial child support service designated in the agreement to calculate the amount of child support in accordance with the applicable guidelines and set it out in a decision. Application of law of province (2) To the extent that it is not inconsistent with this section, the law of the province applies to a provincial child support service in the performance of its functions under this section. Effect of calculation by provincial child support service (3) The amount of child support calculated under this section is the amount payable by the spouse who is subject to a provincial child support service decision.
Liability (4) A spouse who is subject to a provincial child support service decision becomes liable to pay the amount of child support calculated under this section on the day, or on the expiry of a period, specified by the law of the province or, if no day or period is specified, on the expiry of the period prescribed by the regulations.
Disagreement with respect to amount (5) Either or both spouses who do not agree with the
amount of the child support calculated under this section may apply to a court of competent jurisdiction for an
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order under section 15.1 before the day or within the period specified by the law of the province or, if no day or period is specified, within the period prescribed by the regulations. Effect of application (6) The liability to pay the amount of child support under
subsection (4) continues while the determination of the application under subsection (5) is pending. Recalculation of amount or application for order (7) After a spouse subject to a provincial child support service decision becomes liable to pay an amount of child support under subsection (4), either or both spouses may have the amount of child support recalculated under section 25.1 or apply to a court of competent jurisdiction for an order under section 15.1. 1997, c. 1, s. 10; 1999, c. 31, s. 74(F)
25 (1) Subsection 25.1(1) of the Act is replaced by the following:
Provincial child support service — recalculation of child support 25.1 (1) With the approval of the Governor in Council,
the Minister of Justice may, on behalf of the Government of Canada, enter into an agreement with a province authorizing a provincial child support service designated in the agreement to recalculate, in accordance with the applicable guidelines, the amount of child support orders on the basis of updated income information.
Application of law of province (1.1) To the extent that it is not inconsistent with this section, the law of the province applies to a provincial child support service in the performance of its functions under this section.
Deeming of income (1.2) For the purposes of subsection (1), if a spouse does
not provide the income information, a provincial child support service may deem the income of that spouse to be the amount determined in accordance with the method of calculation set out in the law of the province or, if no such method is specified, in accordance with the method prescribed by the regulations. 1997, c. 1, s. 10
(2) Subsections 25.1(3) and (4) of the Act are replaced by the following:
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Effect of deeming of income (2.1) Subject to subsection (5), the income determined under subsection (1.2) shall be deemed to be the spouse’s income for the purposes of the child support order.
Liability (3) The spouse against whom a child support order was made becomes liable to pay the recalculated amount on the day, or on the expiry of the period specified by the law of the province or, if no day or period is specified, on the expiry of the period prescribed by the regulations.
Disagreement with recalculation (4) If either or both spouses do not agree with the recalculated amount of the child support order, either or both of them may, before the day or within the period specified by the law of the province or, if no day or period is specified, within the period prescribed by the regulations, apply to a court of competent jurisdiction (a) in the case of an interim order made under subsection 15.1(2), for an order under section 15.1; (b) in the case of a provincial child support service decision made under section 25.01, for an order under section 15.1; or (c) in any other case, if they are former spouses, for an order under paragraph 17(1)(a).
1997, c. 1, s. 10
(3) Subsection 25.1(6) of the Act is replaced by the
following: Withdrawal of application (6) If an application made under subsection (4) is withdrawn before it is determined, the spouse against whom the child support order was made becomes liable to pay the recalculated amount on the day on which the spouse would have become liable had the application not been made.
Definition of child support order (7) In this section, child support order has the same meaning as in subsection 2(1) and also means an interim order made under subsection 15.1(2), a provincial child support service decision made under section 25.01 and a variation order made under paragraph 17(1)(a).
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26 The Act is amended by adding the following after section 25.1:
Ministerial activities 25.2 The Minister of Justice may conduct activities related to matters governed by this Act, including undertaking research. 27 (1) The portion of subsection 26(1) of the
French version of the Act before paragraph (a) is replaced by the following: Règlements 26 (1) Le gouverneur en conseil peut prendre des règlements pour l’application de la présente loi, notamment des règlements : (2) Paragraphs 26(1)(a) and (b) of the Act are replaced by the following: (a) respecting the establishment, mandate and operation of a central registry of divorce proceedings; (b) providing for uniformity in the rules made under
section 25; (c) respecting the framework for the calculation or recalculation of the amount of child support by the provincial child support service under section 25.01 or 25.1; and (d) prescribing any matter or thing that by this Act is
to be or may be prescribed. (3) Subsection 26(2) of the Act is replaced by the
following: Regulations prevail (2) Regulations made under paragraph (1)(b) prevail over rules made under section 25. 1997, c. 1, s. 11
28 (1) The portion of subsection 26.1(1) of the English version of the Act before paragraph (a) is replaced by the following: Guidelines 26.1 (1) The Governor in Council may establish guidelines respecting orders for child support, including, but without limiting the generality of the foregoing, guidelines
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1997, c. 1, s. 11
(2) Paragraph 26.1(1)(h) of the Act is replaced by
the following: (h) respecting the production of information relevant
to an order for child support and providing for sanctions and other consequences when that information is not provided. 1997, c. 1, s. 11
(3) Paragraph 26.1(3)(c) of the Act is replaced by the following: (c) an order made under subsection 18.1(15) or 19(13)
in respect of a child support order. (4) Subsection 26.1(3) of the Act is amended by striking out “or” at the end of paragraph (b), by adding “or” at the end of paragraph (c) and by adding the following after paragraph (c): (d) an order made under subsection 28.5(5) or 29.1(5).
1997, c. 1, s. 12
29 Section 28 of the Act is repealed. 30 The Act is amended by adding the following after section 27:
International Conventions Convention on the International Recovery of Child Support and Other Forms of Family Maintenance Definitions Definitions 28 The following definitions apply in this section and in
sections 28.1 to 29.5. 2007 Convention means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, concluded at The Hague on November 23, 2007, set out in the schedule. (Convention de 2007) Central Authority means any person or entity designated under Article 4 of the 2007 Convention that is
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responsible for carrying out the duties that are imposed on it by the 2007 Convention. (autorité centrale) competent authority means a court that has the authority to make an order, or another entity that has the authority to make a decision, with respect to support under this Act. (autorité compétente) creditor means a former spouse to whom support is owed or who seeks to obtain support. (créancier) debtor means a former spouse who owes support or from whom support is sought. (débiteur) State Party means a State other than Canada in which the 2007 Convention applies. (État partie)
Implementation, Interpretation and Application of the 2007 Convention Force of law 28.1 (1) The provisions of the 2007 Convention have the force of law in Canada in so far as they relate to subjects that fall within the legislative competence of Parliament.
Inconsistency (2) The 2007 Convention prevails over this Act and any
other federal law to the extent of any inconsistency between them. Explanatory Report 28.2 In interpreting the 2007 Convention, recourse may be had to the Explanatory Report on the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, adopted by the TwentyFirst Session of the Hague Conference on Private International Law held from November 5 to 23, 2007.
Application 28.3 Sections 28.4 to 29.5 apply if either the creditor or the debtor, as the case may be, resides in a State Party and the other resides in a province in respect of which Canada has made a declaration extending the application of the 2007 Convention to that province. However, the application of those provisions does not exclude the application of the other provisions of this Act unless there is an indication to the contrary.
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Application of Creditor to Central Authority Recognition of State Party decision varying child support order 28.4 (1) A creditor may, through the Central Authority
designated by the State Party in which the creditor resides, submit to the Central Authority in the province in which the debtor is habitually resident an application for recognition and, if applicable, for enforcement of a decision of the State Party that has the effect of varying a child support order. Spousal support order (2) A creditor may also in the same manner submit an
application for recognition and, if applicable, for enforcement of a decision of the State Party that has the effect of varying a spousal support order if the application is also for recognition and, if applicable, for enforcement of a decision of the State Party that has the effect of varying a child support order.
Registration and recognition (3) The decision of the State Party is registered in accordance with the law of the province and that law, including the laws respecting reciprocal enforcement between the province and a jurisdiction outside Canada, applies in respect of the recognition of the decision. Enforcement (4) A decision that is recognized in accordance with the
law of the province is deemed to be an order made under section 17, has legal effect throughout Canada and may be enforced in any manner provided for by the law of that province, including its laws respecting reciprocal enforcement between the province and a jurisdiction outside Canada. Establishment or variation of child support order or calculation or recalculation of amount 28.5 (1) A creditor may, through the Central Authority
designated by the State Party in which the creditor resides, submit to the Central Authority in the province in which the debtor is habitually resident an application to be sent to the competent authority in the province. Types of applications (2) An application may seek (a) to obtain or to vary a child support order; or
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(b) to have the amount of child support calculated or
recalculated, if the provincial child support service in the province in which the debtor habitually resides provides such a service.
Sending of application (3) The Central Authority shall, in accordance with the law of the province, send the application to the competent authority of that province.
Application of section 19 (4) Subsections 19(5) to (12) and (16) apply with necessary modifications to the application except that a reference to a “respondent” shall be read as “debtor”, a reference to “designated authority” shall be read as “Central Authority in the province in which the debtor is habitually resident”, a reference to “responsible authority in the designated jurisdiction” shall be read as “Central Authority designated by the State Party in which the creditor resides” and “applicant” shall be read as “creditor”.
Order (5) The court referred to in subsection 19(6) may, on the
basis of the evidence and the submissions of the creditor and of the debtor, whether presented orally before the court or by affidavit or any means of telecommunication permitted by the rules regulating the practice and procedure in that court, make a child support order or an order varying a child support order, retroactively or prospectively. Application of certain provisions (6) Subsections 15.1(3) to (8), section 15.3 and subsections 17(3), (4), (6) to (6.5) and (11) apply, with any necessary modifications, in respect of an order referred to in subsection (5).
Exception (7) Subsections (1) to (6) apply despite sections 4 and 5.
Application of Debtor to Central Authority Recognition of State Party decision suspending or limiting enforcement of child support order 29 (1) A debtor may, through the Central Authority designated by the State Party in which the debtor resides, submit to the Central Authority in the province in which the creditor is habitually resident an application for recognition of a decision of a State Party that has the
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effect of suspending or limiting the enforcement of a child support order. Spousal support order (2) A debtor may also in the same manner submit an application for recognition of a decision of a State Party that has the effect of suspending or limiting the enforcement of a spousal support order, if the application is also for recognition of a decision of the State Party that has the effect of suspending or limiting the enforcement of a child support order.
Registration and recognition (3) The decision of the State Party shall be registered in accordance with the law of the province and that law, including the laws respecting reciprocal enforcement between the province and a jurisdiction outside Canada, apply in respect of the recognition of the decision.
Enforcement (4) A decision that is recognized in accordance with the
law of the province is deemed to be an order made under section 17, has legal effect throughout Canada and may be enforced in any manner provided for by the law of that province, including its laws respecting reciprocal enforcement between the province and a jurisdiction outside Canada. Variation of child support order or recalculation of amount 29.1 (1) A debtor may, through the Central Authority designated by the State Party in which the debtor resides, submit to the Central Authority in the province in which the creditor is habitually resident an application to be sent to the competent authority in the province.
Types of applications (2) An application may seek (a) to vary a child support order; or (b) to have the amount of child support recalculated, if the provincial child support service in the province in which the creditor habitually resides provides such a service.
Sending of application (3) The Central Authority shall, in accordance with the
law of the province, send the application to the competent authority of that province.
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Application of section 19 (4) Subsections 19(5) to (12) and (16) apply with necessary modifications to the application except that a reference to a “respondent” shall be read as “creditor”, a reference to “designated authority” shall be read as “Central Authority in the province in which the creditor is habitually resident”, a reference to “responsible authority in the designated jurisdiction” shall be read as “Central Authority designated by the State Party in which the debtor resides” and “applicant” shall be read as “debtor”.
Order (5) The court referred to in subsection 19(6) may, on the basis of the evidence and the submissions of the creditor and of the debtor, whether presented orally before the court or by affidavit or any means of telecommunication permitted by the rules regulating the practice and procedure in that court, make an order varying a child support order, retroactively or prospectively.
Application of certain provisions (6) Subsections 17(3), (4), (6) to (6.5) and (11) apply, with any necessary modifications, in respect of an order referred to in subsection (5).
Exception (7) Subsections (1) to (6) apply despite section 5.
Spousal Support Orders Declaration in respect of a province 29.2 If Canada declares under Article 2 of the 2007 Convention that the application of Chapters II and III of that Convention is to extend, in respect of a province, to spousal support orders, the applications described in sections 28.4 to 29.1 of this Act may also be made in respect of those orders and in that case those sections apply with any necessary modifications.
Application of Creditor to Court Recognition of State Party decision varying support order 29.3 (1) A creditor may submit to a court in the province in which the debtor is habitually resident an application for recognition — and, if applicable, for enforcement — of a decision of a State Party that has the effect of varying a support order.
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Registration and recognition (2) The decision of the State Party shall be registered in accordance with the law of the province and that law, including the laws respecting reciprocal enforcement between the province and a jurisdiction outside Canada, applies in respect of the recognition of the decision.
Enforcement (3) A decision that is recognized in accordance with the
law of the province is deemed to be an order made under section 17, has legal effect throughout Canada and may be enforced in any manner provided for by the law of that province, including its laws respecting reciprocal enforcement between the province and a jurisdiction outside Canada.
Application of Debtor to Court Recognition of State Party decision suspending or limiting enforcement of support order 29.4 (1) A debtor may submit to a court in the province
in which the creditor is habitually resident an application for recognition of a decision of a State Party that has the effect of suspending or limiting the enforcement of a support order. Registration and recognition (2) The decision of the State Party shall be registered in
accordance with the law of the province and that law, including the laws respecting reciprocal enforcement between the province and a jurisdiction outside Canada, applies in respect of the recognition of the decision. Enforcement (3) A decision that is recognized in accordance with the
law of the province is deemed to be an order made under section 17, has legal effect throughout Canada and may be enforced in any manner provided for by the law of that province, including its laws respecting reciprocal enforcement between the province and a jurisdiction outside Canada.
Limits on Divorce Proceedings Support decision obtained in State Party 29.5 (1) If a divorce proceeding is commenced in the
province in which the debtor is habitually resident, the court of competent jurisdiction is not authorized to make an order under section 15.1 if the creditor has, in the State Party in which the creditor habitually resides, obtained a decision that requires the debtor to pay for the support of any or all of the children of the marriage.
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Exceptions (2) Subsection (1) does not apply if (a) the creditor accepts the jurisdiction of the court,
either expressly or by defending on the merits of the case without objecting to the jurisdiction at the first available opportunity; (b) the decision-making authority that made the decision in the State Party has no jurisdiction to vary the decision or make a new one or refuses to exercise its jurisdiction to do so; or (c) the decision cannot be recognized or declared enforceable in the province in which the debtor is habitually resident.
31 The Act is amended by adding the following before the heading before section 32:
Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children Definitions Definitions 30 The following definitions apply in this section and in
sections 30.1 to 31.3. 1996 Convention means the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in Respect of Parental Responsibility and Measures for the Protection of Children, concluded at The Hague on October 19, 1996, set out in the schedule. (Convention de 1996) State Party means a State other than Canada in which the 1996 Convention applies. (État partie)
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Implementation, Interpretation and Application of the 1996 Convention Force of law 30.1 (1) The provisions of the 1996 Convention have the force of law in Canada in so far as they relate to subjects that fall within the legislative competence of Parliament.
Inconsistency (2) The 1996 Convention prevails over this Act and any other federal law to the extent of any inconsistency between them.
Explanatory Report 30.2 In interpreting the 1996 Convention, recourse may
be had to the Explanatory Report on the 1996 Hague Child Protection Convention, adopted by the Eighteenth Session of the Hague Conference on Private International Law that was held from September 30 to October 19, 1996. Application 30.3 Sections 30.4 to 31.3 only apply in a province if (a) Canada has made a declaration extending the application of the 1996 Convention to that province; and (b) the child of the marriage concerned is under 18
years of age.
Jurisdiction Child habitually resident in State Party 30.4 If a child concerned is habitually resident in a State
Party, a court in a province does not have jurisdiction to hear and determine an application in respect of the child for a parenting order, a contact order or a variation order in respect of either such order, except in the circumstances set out in section 30.6, 30.7, 30.9 or 31.
Wrongful removal or retention 30.5 In the case of a wrongful removal or retention, as
defined in Article 7(2) of the 1996 Convention, a court in a province has jurisdiction to hear and determine an application for a parenting order, a contact order or a variation order in respect of such orders only if the child has become habitually resident in that province and the conditions set out in subparagraphs 7(1)(a) or (b) of that Convention have been met.
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Child present in province 30.6 If one or more of the circumstances set out in Article 6 of the 1996 Convention exist and the child is present in a province, a court in that province that would otherwise have jurisdiction under any of sections 3 to 5 of this Act has jurisdiction to hear and determine an application in respect of the child for a parenting order, a contact order or a variation order in respect of either such order.
Divorce proceeding — child habitually resident in State Party 30.7 (1) For the purposes of Article 10 of the 1996 Convention, if the child is habitually resident in a State Party, a court in a province that would otherwise have jurisdiction under section 3 of this Act has jurisdiction to make a parenting order or contact order in respect of the child if (a) at least one of the spouses has parental responsibility in respect of the child; (b) the spouses and any other person who has
parental responsibility accept the jurisdiction of the court; and (c) the court is satisfied that it is in the best interests of the child to exercise jurisdiction.
Definition of parental responsibility (2) For the purposes of subsection (1), parental responsibility has the same meaning as in Article 1(2) of the 1996 Convention.
Transfer of Jurisdiction State Party better placed to assess child’s best interests 30.8 For the purposes of Articles 8 and 9 of the 1996
Convention, a court in the province in which a child is habitually resident that would otherwise have jurisdiction under any of sections 3 to 6 of this Act, or that has jurisdiction under section 30.6 of this Act, may decline to exercise jurisdiction to make, in respect of the child, a parenting order, a contact order or a variation order in respect of such an order if the conditions of Article 8 or 9, as the case may be, are fulfilled and there is agreement between the court and the competent authority of a State Party that the latter will have jurisdiction.
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Canadian court better placed to assess child’s best interests 30.9 For the purposes of Articles 8 and 9 of the 1996
Convention, only the court in a province that would otherwise have jurisdiction under any of sections 3 to 5 of this Act may exercise jurisdiction to make a parenting order, a contact order or a variation order in respect of such orders if the conditions of Article 8 or 9, as the case may be, are fulfilled and there is agreement between the competent authority of a State Party and the court that the latter will have jurisdiction.
Urgency Urgent cases 31 For the purposes of Article 11 of the 1996 Convention,
a court in a province that does not have jurisdiction under sections 30.4 to 30.9 of this Act but that would otherwise have jurisdiction under any of sections 3 to 5 of this Act, may, in urgent cases, make a parenting order, a contact order or a variation order in respect of either such order if the child who would be the subject of the order is present in that province.
Recognition Recognition by operation of law 31.1 (1) For the purposes of Article 23 of the 1996 Convention, a measure taken by a competent authority of a State Party is a measure that has the effect of varying, rescinding or suspending a parenting order or contact order. Measure taken deemed to be variation order (2) A measure taken by a competent authority of a State Party that is recognized by operation of law under Article 23(1) of the 1996 Convention is deemed to be an order made under section 17 of this Act.
Extent of validity (3) Despite subsection 20(2), the measure referred to in
subsection (2) is valid only in any province to which the 1996 Convention applies. Jurisdiction respecting recognition 31.2 (1) For the purposes of Article 24 of the 1996 Convention and on application by an interested person, a court in a province has jurisdiction to decide on the recognition of a measure referred to in section 31.1 of this
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Act if there is a sufficient connection between the matter and the province. Effect of recognition (2) The court’s decision recognizing the measure is deemed to be an order made under section 17 and has legal effect throughout Canada.
Effect of non-recognition (3) The court’s decision refusing to recognize the measure has legal effect throughout Canada. Enforcement 31.3 For the purposes of Article 26 of the 1996 Convention, a measure taken by a competent authority of a State Party that is enforceable in that State Party and that is to be enforced in a province may, on application by an interested person, (a) be declared to be enforceable by a court in the
province and enforced in that province as an order of that court; or (b) be registered for the purposes of enforcement in the court in that province and enforced in that province as an order of that court. 32 Section 33 of the Act is repealed. 1997, c. 1, s. 14
33 (1) The portion of subsection 34(1) of the Act before paragraph (b) is replaced by the following:
Variation and enforcement of orders previously made 34 (1) Subject to subsection (1.1), any order made under subsection 11(1) of the Divorce Act, chapter D-8 of the Revised Statutes of Canada, 1970, and any order to the like effect made corollary to a decree of divorce granted in Canada before July 2, 1968 or granted on or after that day under subsection 22(2) of that Act may be varied, rescinded, suspended or enforced in accordance with sections 17 to 20, other than subsection 17(10), of this Act as if (a) the order were a support order, parenting order or
contact order, as the case may be; and
1997, c. 1, s. 14
(2) Subsections 34(2) and (3) of the Act are replaced by the following:
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Enforcement of interim orders (2) Any order made under section 10 of the Divorce Act, chapter D-8 of the Revised Statutes of Canada, 1970, may be enforced in accordance with section 20 of this Act as if it were an order made under subsection 15.1(1) or 15.2(1) or section 16.1 or 16.5 of this Act, as the case may be.
Assignment of orders previously made (3) Any order for the maintenance of a spouse, former
spouse or child of the marriage made under section 10 or 11 of the Divorce Act, chapter D-8 of the Revised Statutes of Canada, 1970, and any order to the like effect made corollary to a decree of divorce granted in Canada before July 2, 1968 or granted on or after that day under subsection 22(2) of that Act may be assigned to any minister, member or agency designated under section 20.1.
34 The Act is amended by adding the following after section 35.1:
Agreements entered into under subsection 25.1(1) 35.2 Any agreement entered into by the Minister of Justice under subsection 25.1(1), as that subsection read immediately before the day on which section 27 of An Act to amend the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act and the Garnishment, Attachment and Pension Diversion Act and to make consequential amendments to another Act comes into force, and that continues to be in force on that day, is deemed to have been entered into under subsection 25.1(1), as that subsection read on that day.
Proceedings commenced before coming into force 35.3 A proceeding commenced under this Act before the
day on which this section comes into force and not finally disposed of before that day shall be dealt with and disposed of in accordance with this Act as it reads as of that day.
Person deemed to have parenting time and decisionmaking responsibility 35.4 Unless a court orders otherwise, (a) a person who had custody of a child by virtue of a custody order made under this Act, immediately before the day on which this section comes into force, is deemed as of that day, to be a person to whom
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parenting time and decision-making responsibility have been allocated; and (b) a spouse or former spouse who had access to a
child by virtue of a custody order made under this Act, immediately before the day on which this section comes into force, is deemed as of that date, to be a person to whom parenting time has been allocated. Person deemed to have contact order 35.5 If, immediately before the day on which this section comes into force, a person who is not a spouse or former spouse had access to a child by virtue of a custody order made under this Act, then, as of that day, unless a court orders otherwise, that person is deemed to be a person who has contact with the child under a contact order.
No notice 35.6 A person who is deemed under section 35.4, to be a person to whom parenting time or decision-making responsibility has been allocated is not required to give notice under either section 16.8 or 16.9 if a custody order to which they are a party specifies that no notice is required in respect of a change in the place of residence by the person or a child to whom the order relates.
No change in circumstances 35.7 For the purposes of subsection 17(5), as enacted by subsection 13(2) of An Act to amend the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act and the Garnishment, Attachment and Pension Diversion Act and to make consequential amendments to another Act, the coming into force of that Act does not constitute a change in the circumstances of the child.
Variation of orders previously made 35.8 An order made before the day on which this section
comes into force under subsection 16(1), as that subsection read immediately before that day, or an order made in proceedings disposed of by the court in the manner described in section 35.3, may, as of that day, if it is still in effect, be varied, rescinded or suspended in accordance with section 17, as amended by section 13 of An Act to amend the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act and the Garnishment, Attachment and Pension Diversion Act and to make consequential amendments to another Act, as if the order were a parenting order or contact order.
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Provisional orders 35.9 If, before the day on which this section comes into
force, a provisional order was made under subsection 18(2) as it read immediately before that day, the provisional order is deemed, as of that day, to be an application made under in subsection 18.1(3) and shall be dealt with and disposed of as such. 35 The English version of the Act is amended by
replacing “ordinarily” with “habitually” in the following provisions: (a) the definition age of majority in subsection
2(1); (b) subsection 3(1); (c) paragraph 4(1)(a); and (d) paragraph 5(1)(a). 36 The Act is amended by adding, after section 36, the schedule set out in Schedule 1 to this Act.
37 The schedule to the Act is renumbered as Schedule 1. 38 The schedule set out in Schedule 2 to this Act is renumbered as Schedule 2. 39 The Act is amended by adding, after Schedule 1, the Schedule 2 set out in Schedule 2 to this Act. 40 The reference to “the schedule” in the definition 2007 Convention in section 28 of the Act is replaced by a reference to “Schedule 1”. 41 The reference to “the schedule” in the definition 1996 Convention in section 30 of the Act is replaced by a reference to “Schedule 2”. R.S., c. 4 (2nd Supp.)
Family Orders and Agreements Enforcement Assistance Act 2000, c. 12, s. 115
42 The long title of the Family Orders and
Agreements Enforcement Assistance Act is replaced by the following: An Act respecting the release of information, garnishment of moneys payable by Her Majesty in right of
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Canada and denial of licences in relation to family orders 43 (1) The definitions access right, court, order
and provincial information bank in section 2 of the Act are repealed. 1996, c. 11, par. 99(b); 1999, c. 17, s. 158; 2005, c. 38, par. 138(i); 2013, c. 40, s. 229
(2) The definitions custody provision, family provision, information bank director, provincial enforcement service and support provision in section 2 of the Act are replaced by the following: custody provision means a provision of an order providing for custody of a child; (disposition de garde) family provision means a support provision, a parenting provision, a contact provision, a custody provision or an access provision; (disposition familiale) information bank director means a person who is designated by the regulations as the information bank director for a given information bank; (directeur de fichier) provincial enforcement service means any entity that is entitled under the laws of a province to enforce family provisions and that is designated in an agreement with the province entered into under section 3; (autorité provinciale) support provision means a provision of an order for maintenance, alimony or support; (disposition alimentaire) (3) Section 2 of the Act is amended by adding the following in alphabetical order:
access provision means a provision of an order providing for access to a child; (disposition prévoyant l’accès) central authority means any person or entity that is acting as a central authority for the purposes of a convention prescribed by the regulations and that is designated in an agreement entered into with a province under section 3; (autorité centrale) contact provision means a provision in an order made under subsection 16.5(1) or (2) of the Divorce Act or a provision of a similar nature in an order made under provincial law; (disposition sur les contacts)
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designated authority means any person or entity that is responsible under the Divorce Act or a provincial Act for processing inter-jurisdictional support applications and that is designated in an agreement with a province entered into under section 3; (autorité désignée) information bank means an information bank that is designated by the regulations; (fichier) parenting provision means a provision in an order made under subsection 16.1(1) or (2) of the Divorce Act or a provision of a similar nature in an order made under provincial law; (disposition parentale) provincial child support service means any entity that is designated in an agreement with a province entered into under section 3, and that calculates or recalculates the amount of child support; (service provincial des aliments pour enfants)
(4) Section 2 of the Act is renumbered as subsection 2(1) and is amended by adding the following:
Definition of order (2) For the purposes of subsection (1), paragraphs 8(1)(b) and 9(1)(b) and subparagraphs 16(2)(a)(ii) and (b)(ii), unless a contrary intention appears, order means an order, judgment, decision or agreement — whether interim or final — that is enforceable in a province.
44 Paragraph 4(b) of the Act is repealed. 45 Section 5 of the Act is replaced by the following:
Designation 5 The Minister and a province may designate, in an
agreement made under section 3, one or more provincial child support services, provincial enforcement services, designated authorities and central authorities for the purposes of this Part. Agreement with police force 5.1 (1) The Minister may, on behalf of the Government of Canada, enter into an agreement with any police force in Canada for the search for and the release of information under this Part.
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Contents of agreement (2) The agreement must provide for the establishment of safeguards for the protection of information released under this Part. 1993, c. 8, ss. 6 to 9, ss. 10(1), (2), (4) and (5) and s. 11; 1997, c. 1, s. 17 and 18; 2005, c. 38, s. 146; 2012, c. 19, subpar. 695(d)(ii); 2013, c. 40, par. 237(1)(g)
46 The heading before section 7 and sections 7 to 17 of the Act are replaced by the following:
Applications for the Release of Information General Provisions Form of application 6.1 An application under this Part for the release of information must be in the form approved by the Minister and contain the information prescribed by the regulations. Provincial enforcement service acting on behalf of other entities 6.2 For the purposes of this Part, a provincial enforcement service may act on behalf of a provincial child support service, designated authority or central authority.
Court Application to court 7 Any person, body or service that is seeking to have a
support provision established or varied or that is entitled to have a family provision enforced may, on application, which may be made ex parte, request that a court authorize an official of the court to make an application under section 12.
Contents of application — establishment or variation of support provision 8 (1) The application under section 7 in relation to the
establishment or variation of a support provision must be accompanied by (a) an affidavit that sets out the reasons for the making of the application; and (b) in the case of an application in relation to the variation of a support provision, a copy of the order that contains the support provision.
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Ex parte application (2) If the application is made ex parte, the affidavit referred to in paragraph (1)(a) must also (a) state that reasonable steps have been taken to locate the person in respect of whom the applicant is seeking to have a support provision established or varied and that the person has not been located; and (b) set out the particulars of those reasonable steps.
Ex parte application by individual (3) If the application is made ex parte by an individual, (a) the application must also be accompanied by the
results of a recent criminal record check in respect of the applicant and copies of the documents referred to in subparagraph (b)(ii), if any; and (b) the affidavit referred to in paragraph (1)(a) must also (i) state that the sole purpose of the application is to obtain information for the establishment or variation of a support provision, (ii) state whether or not there is a court order, agreement, undertaking or recognizance or any other document that is of a similar nature that restricts the applicant’s communication or contact with the person referred to in paragraph 2(a), or with the child or children that is, are or may be the subject of the support provision, or there is a proceeding respecting such a restriction, (iii) state whether or not the applicant has caused
or has attempted to cause physical harm to the person, child or children or has caused them to fear for their safety or security or that of another person, and (iv) state whether or not the applicant has been charged with or found guilty of an offence against the person, child or children.
Contents of application — enforcement of family provision 9 (1) The application under section 7 in relation to the enforcement of a family provision must be accompanied by (a) an affidavit that (i) sets out the reasons for the making of the application,
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(ii) alleges a breach of the family provision, and (iii) sets out particulars of the breach and identifies
the person who (A) if the family provision is a support provision,
is in arrears, or (B) if the family provision is a parenting provision, contact provision, custody provision or access provision, is believed to have with them the child or children who is or are the subject of the provision; and (b) a copy of the order containing the family provision.
Ex parte application (2) If the application is made ex parte, the affidavit referred to in paragraph (1)(a) must also (a) state that reasonable steps have been taken to locate the person, child or children referred to in subparagraph (1)(a)(iii) and that the person, child or children has or have not been located; and (b) set out the particulars of those reasonable steps.
Ex parte application by individual (3) If the application is made ex parte by an individual, (a) the application must also be accompanied by the
results of a recent criminal record check in respect of the applicant and copies of the documents referred to in subparagraph (b)(ii), if any; and (b) the affidavit referred to in paragraph (1)(a) must also (i) state that the sole purpose of the application is to obtain information to enforce the family provision, (ii) state whether or not there is a court order, agreement, undertaking or recognizance or any other document that is of a similar nature that restricts the applicant’s communication or contact with the person, child or children referred to in subparagraph (1)(a)(iii), or there is a proceeding respecting such a restriction, (iii) state whether or not the applicant has caused
or has attempted to cause physical harm to the person, child or children or has caused them to fear for
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their safety or security or that of another person, and (iv) state whether or not the applicant has been charged with or found guilty of an offence against the person, child or children.
Authorization 10 A court seized of a valid application under section 7
may make an order in writing authorizing an official of the court to make an application under section 12, if the court is satisfied (a) that the sole purpose of the application is to obtain
information for the establishment or variation of a support provision or the enforcement of a family provision; (b) that the order is not likely to jeopardize the safety
or security of any person; and (c) in the case of an ex parte application, that the steps referred to in paragraph 8(2)(a) or paragraph 9(2)(a), as the case may be, have been taken.
Non-disclosure of order 11 In the case of an application made ex parte by an individual, the court may order that the Minister shall not, under section 12.1, send to the person referred to in paragraph 8(2)(a) or 9(2)(a), as the case may be, a copy of the order that authorizes the making of the application and a notice informing them that information will be released.
Application for release of information 12 (1) An official who is authorized to do so under section 10 may apply to the Minister, in the time and manner prescribed by the regulations, to have the information banks searched in order to release the information prescribed by the regulations to the official. Supporting documents (2) The application must be accompanied by a copy of the order made under section 10 that authorizes the making of the application.
Release of information — duty to inform 12.1 Unless the court orders otherwise, if the application is made ex parte by an individual, the Minister shall release information under this Part to the official who made the application only if the Minister has sent to the person referred to in paragraph 8(2)(a) or 9(2)(a) a copy of the order that authorizes the making of the application
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and a notice informing them that information will be released. Information given to court 13 (1) If information is released under this Part to an official who is authorized under section 10 to apply for the release under section 12, the official shall give the information to the court that granted the authorization.
Sealing of information (2) The information received by the official and subsequently given to the court shall be sealed and kept in a location to which the public has no access.
Disclosure of information (3) The court may, for the purpose of establishing or varying a support provision or enforcing a family provision, disclose the information to any person, service or body or official of the court that it considers appropriate and may make any order to protect the confidentiality of the information.
Peace Officer Application for release of information 14 (1) A peace officer who is investigating a child abduction under section 282 or 283 of the Criminal Code may apply to the Minister, in the time and manner prescribed by the regulations, to have the information banks searched in order to release the information prescribed by the regulations to the peace officer. Supporting documents (2) The application must be accompanied by an affidavit
submitted by the peace officer in accordance with subsection (3). Contents of affidavit (3) The affidavit must (a) state that the officer has reasonable grounds to believe that an offence referred to in section 282 or 283 of the Criminal Code has been committed; (b) state that the information will be used in the investigation of the offence; (c) identify the person who is believed to have committed the offence and the child or children who is or are alleged to have been abducted; and
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(d) state that reasonable steps have been taken to locate the person, child or children and that the person, child or children has or have not been located, and set out particulars of those reasonable steps.
Provincial Enforcement Service Application for release of information 15 (1) A provincial enforcement service may, for a purpose described in subsection (2), apply to the Minister, in the time and manner prescribed by the regulations, to have the information banks searched in order to release the information prescribed by the regulations to the provincial enforcement service. Purposes (2) An application may be made (a) to obtain information about a person who is in arrears under a support provision in order to enforce the provision; (b) to locate a person who is in breach of a parenting
provision, a contact provision, a custody provision or an access provision and who is believed to have with them the child or children who is or are the subject of the provision; or (c) to locate a creditor or debtor under a support provision.
Provincial Child Support Service Application for release of information 15.1 A provincial child support service may, in order to calculate or recalculate the amount of child support, apply to the Minister, in the time and manner prescribed by the regulations, to have the information banks searched in order to release the information prescribed by the regulations to the provincial child support service.
Designated Authority Application for release of information 16 (1) A designated authority may, for a purpose described in subsection (2), apply to the Minister, in the time and manner prescribed by the regulations, to have the information banks searched in order to release the information prescribed by the regulations to the designated authority.
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Purposes (2) An application may be made (a) to obtain assistance with the processing of an application made (i) under the Divorce Act to obtain, vary, rescind or suspend a support order, or to calculate or recalculate the amount of child support, if the parties habitually reside in different provinces, or (ii) under a provincial Act in respect of reciprocal enforcement of support orders that would establish or vary a support order; or (b) to obtain assistance with the processing of an application that could be made (i) under the Divorce Act to obtain, vary, rescind or suspend a support order, or to calculate or recalculate the amount of child support, if the prospective parties habitually reside in different provinces, or (ii) under a provincial Act in respect of reciprocal enforcement of support orders that would establish or vary a support order.
Central Authority Application for release of information 16.1 (1) A central authority may, for a purpose described in subsection (2), apply to the Minister, in the time and manner prescribed by the regulations, to have the information banks searched in order to release the information prescribed by the regulations to the central authority. Purposes (2) An application may be made (a) to respond to a request for assistance made under
a convention that is prescribed by the regulations for the purpose of this paragraph; or (b) to obtain assistance with the processing of an application made under a convention that is prescribed by the regulations for the purpose of this paragraph.
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Search of Information Banks and Release of Information Request to information bank directors 17 (1) On the receipt of an application under this Part,
the Minister shall immediately transmit a search request to the information bank directors. Request by Minister (2) On the Minister’s own initiative and for a purpose described in subsection (3), the Minister may transmit a search request to the information bank directors in order to release the information prescribed by the regulations to the Minister.
Purposes (3) A request may be made (a) to locate a person named in a request for assistance made under a convention that is prescribed by the regulations for the purpose of this paragraph; or (b) to locate a person named in an application made under a convention that is prescribed by the regulations for the purpose of this paragraph.
Search of information banks (4) On the receipt of a search request, the information bank directors shall, in accordance with the regulations, cause their designated information banks to be searched immediately and then periodically during the 12-month period following the receipt of the request. 1993, c. 8, s. 12
47 Sections 18 to 19.1 of the Act are replaced by the following:
Release of information — information banks 18 Subject to the regulations, information in an information bank may be released by one information bank director to another information bank director or to the Minister to assist in conducting a search under this Part. Transmission of information to Minister 19 If information requested under this Part is found in an information bank, the information bank director of that information bank shall cause to be transmitted to the Minister, in accordance with the regulations, all information obtained during the search.
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Release of information by Minister 19.1 Subject to section 20, the Minister shall release to
the applicant the information transmitted to the Minister under this Part. 48 Section 20 of the Act is replaced by the following:
Safeguards — provincial entities 20 (1) The Minister shall release information under this
Part to an applicant that is a provincial enforcement service, a provincial child support service, a designated authority or a central authority only if the province of the applicant has entered into an agreement under section 3 and the Minister is satisfied that the safeguards provided for in the agreement are in place. Safeguards — peace officer (2) The Minister shall release information under this
Part to an applicant who is a peace officer only if the police force to which the officer belongs has entered into an agreement under section 5.1 and the Minister is satisfied that the safeguards provided for in the agreement are in place. Search request — Minister’s own initiative 20.1 If a search request is made by the Minister on the
Minister’s own initiative under subsection 17(2), the Minister may release the information to a person that the Minister considers appropriate. 49 (1) The portion of section 22 of the Act before
paragraph (a.1) is replaced by the following:
Regulations by Governor in Council 22 Subject to subsection (2), the Governor in Council
may make regulations (a) prescribing the information that must be contained in an application for the release of information under this Part; 1997, c. 1, s. 20
(2) Paragraph 22(a.1) of the English version of the
Act is replaced by the following: (a.1) prescribing the time and manner in which an
application for the searching of information banks and the release of information under this Part may be made; (3) Paragraph 22(b) of the Act is replaced by the
following:
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(b) designating the information banks that may be
searched under this Part and the information bank directors for those information banks; (4) Paragraph 22(c) of the English version of the
Act is replaced by the following: (c) setting out the time and manner in which searches
for information under this Part are to be conducted; (5) Paragraph 22(d) of the Act is replaced by the
following: (d) prescribing the conditions under which information may be released under section 18 by one information bank director to another or to the Minister; (d.1) prescribing the information that is released to an applicant under this Part, which information may vary according to the applicant to whom the information is released;
(6) Section 22 of the Act is amended by striking out “and” at the end of paragraph (e) and by adding the following after paragraph (e): (e.1) respecting the time and manner in which the Minister must send a copy of an order and a notice under section 12.1; (e.2) prescribing or providing for anything that by this Part is to be prescribed or provided for by the regulations; and (7) Section 22 of the Act is renumbered as subsection 22(1) and is amended by adding the following: Limitation (2) Regulations with respect to the release of taxpayer information, as defined in section 241 of the Income Tax Act, may be made under subsection (1) only on the recommendation of the Minister with the concurrence of the Minister of Finance.
50 The heading of Part II of the Act is replaced by the following:
Garnishment of Federal Moneys to Satisfy Orders
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51 (1) The definitions support order and support provision in subsection 23(1) of the Act are repealed. (2) The definitions garnishee summons and provincial garnishment law in subsection 23(1) of the Act are replaced by the following: garnishee summons includes any document that is of a similar nature to a garnishee summons, including a court order and a document in respect of maintenance, alimony or support issued by a provincial enforcement service; (bref de saisie-arrêt) provincial garnishment law means the law of a province relating to garnishment as it applies to the enforcement of orders; (droit provincial en matière de saisie-arrêt) (3) Subsection 23(1) of the Act is amended by adding the following in alphabetical order:
provincial enforcement service has the same meaning as in section 2; (autorité provinciale) (4) Subsection 23(1) of the Act is amended by adding the following in alphabetical order:
order means any of the following — whether interim or final — that is enforceable in a province: (a) an order, judgment, decision or agreement for
maintenance, alimony or support, (b) an order or judgment respecting expenses that are
incurred as a result of the denial of, or the failure to exercise, parenting time, custody, access or contact, or (c) an order, judgment or agreement respecting expenses that are related to the exercise of parenting time, custody or access in the case of the child’s relocation, as defined in subsection 2(1) of the Divorce Act or provincial law; (ordonnance)
52 Section 24 of the Act is replaced by the following:
Her Majesty may be garnisheed 24 Despite any other Act of Parliament preventing the garnishment of Her Majesty, Her Majesty may, for the
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enforcement of orders, be garnisheed in accordance with this Part in respect of all garnishable moneys. 53 Section 27 of the Act is replaced by the following:
Location of garnishable moneys 27 For the purposes of this Part, garnishable moneys are
deemed to be located in the province in which a garnishee summons is issued in respect of the moneys. 1993, c. 8, s. 15; 1997, c. 1, s. 21
54 Sections 28 and 29 of the Act are replaced by
the following: Service binds Her Majesty for 12 years 28 Subject to the provisions of this Part and the regulations, service on the Minister of an application in the form approved by the Minister that contains the information prescribed by the regulations and of a garnishee summons binds Her Majesty for 12 years in respect of all garnishable moneys payable to the judgment debtor named in the garnishee summons.
Calculation of 12-year period 29 For the purposes of section 28, the 12-year period begins on the expiry of the period prescribed by the regulations that immediately follows the service of the garnishee summons on the Minister. 1993, c. 8, s. 15
55 Sections 30 and 31 of the Act are replaced by
the following: Her Majesty no longer bound 30 A garnishee summons against a judgment debtor
ceases to bind Her Majesty after the periods and in the circumstances specified in the regulations. 56 Sections 34 and 35 of the Act are replaced by
the following: Method of service 34 In addition to any method of service permitted in accordance with provincial garnishment law, service of documents on the Minister under this Part may be effected by any method prescribed by the regulations. 1993, c. 8, s. 16
57 Sections 36 and 37 of the Act are replaced by the following:
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Notice to ministers 36 Immediately after being served with the documents referred to in section 28, the Minister shall notify every minister who is responsible for garnishable moneys of the service of the documents and shall provide them with the information that may be necessary to assist them in determining whether any garnishable moneys are payable to the judgment debtor.
Initial report by ministers 37 Immediately after being notified under section 36,
each minister who is responsible for garnishable moneys shall report to the Minister on whether those moneys are payable or are foreseeably payable to the judgment debtor. Demand under Income Tax Act 37.1 For the purposes of section 37, if the Minister of National Revenue knows or suspects that garnishable moneys would be payable to a judgment debtor were the debtor to file a return of income for a taxation year, that Minister may, in accordance with subsection 150(2) of the Income Tax Act, demand that the debtor file a return of income for that taxation year.
58 Section 40 of the Act is replaced by the following:
Right to search information banks 40 Subject to the regulations, the Minister and every
minister responsible for garnishable moneys is entitled to have any of the information banks that may be searched under Part I searched for any information necessary to confirm the identity of any judgment debtor. 59 Section 41 of the French version of the Act and
the heading before it are replaced by the following:
Donner suite à un bref de saisie-arrêt Délai pour donner suite 41 Le ministre donne suite au bref de saisie-arrêt, au
nom de Sa Majesté, dans le délai réglementaire. 60 Section 42 of the Act is replaced by the following:
Methods of response 42 In addition to any method of responding to a garnishee summons permitted by provincial garnishment law, the Minister may respond to a garnishee summons by any method prescribed by the regulations.
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61 Section 43 of the French version of the Act is replaced by the following:
Donner suite par courrier recommandé 43 Si le ministre donne suite à un bref de saisie-arrêt par courrier recommandé, le récépissé conforme aux règlements pris, en matière de courrier recommandé, en vertu de la Loi sur la Société canadienne des postes est admissible en preuve et établit, sauf preuve contraire, que le ministre y a donné suite. 62 Subsection 44(2) of the Act is replaced by the following:
Effect of payment to provincial enforcement service (2) If provincial garnishment law permits a payment to a
provincial enforcement service of the province, a payment to the provincial enforcement service by the Minister is, to the extent of the payment, a good and sufficient discharge of Her Majesty’s liability under this Part and under the legislation governing the garnishable moneys. 1993, c. 8, s. 17
63 Section 45 of the Act is replaced by the following:
Notice to judgment debtor 45 If a garnishee summons is served on the Minister under this Part, the Minister may notify the judgment debtor named in the garnishee summons of that service. 64 Section 49 of the English version of the Act
and the heading before it are replaced by the following:
Recovery of Excess Payments Payments to judgment debtor 49 If a judgment debtor is paid any garnishable moneys
to which the judgment debtor is not entitled by reason of garnishment proceedings permitted under this Part, the amount that is paid is a debt due to Her Majesty by the judgment debtor and may be recovered as such in accordance with the Financial Administration Act or the legislation governing the particular garnishable moneys paid to the judgment debtor. 65 Section 50 of the Act is replaced by the following:
Payments to party that instituted proceedings 50 Subject to section 51, if garnishable moneys are paid under this Part to or for the benefit of a party that instituted garnishment proceedings permitted under this Part
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in excess of the amount that should be paid to or for the benefit of that party, the excess is a debt due to Her Majesty by that party and may be recovered as such in accordance with the Financial Administration Act or by way of deduction from, or set-off or compensation against, any garnishable moneys payable to or for the benefit of that party under this Part. 66 Section 53 of the Act is replaced by the following:
Multiple garnishee summonses 53 If more than one garnishee summons is served on the
Minister under this Part in respect of the same judgment debtor, the garnishee summonses shall be honoured in the manner specified in the regulations. 67 Section 59 of the Act is replaced by the following:
Chargeable against judgment debtor 59 Subject to any regulations respecting the remittance
of the fee referred to in section 58, it is a debt due to Her Majesty by the judgment debtor and may, subject to section 60, be recovered by way of deduction from, or set-off or compensation against, any garnishable moneys payable to the judgment debtor. 68 Section 60 of the French version of the Act is replaced by the following:
Limite 60 Les frais visés à l’article 58 ne peuvent être recouvrés sur les sommes saisissables à verser en exécution d’un bref de saisie-arrêt. 1993, c. 8, s. 18(1)
69 (1) Paragraph 61(a.1) of the Act is replaced by
the following: (a.1) prescribing the percentage of the amount of garnishable moneys, in relation to the Act of Parliament, the provision of that Act or the program under that Act by or under which the garnishable moneys are authorized to be paid, that is to be exempt from the enforcement of orders; (2) Subsection 61(b) of the Act is replaced by the
following: (b) prescribing the information that must be contained in an application referred to in section 28; (3) Section 61 of the Act is amended by adding the
following after paragraph (c):
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(c.1) specifying periods and circumstances for the
purposes of section 30; (4) Paragraph 61(e) of the Act is replaced by the following: (e) respecting the methods of service of documents and providing for the day on which service of documents on the Minister is deemed to be effected; (5) Paragraph 61(g) of the Act is replaced by the
following: (g) respecting the methods by which the Minister may respond to garnishee summonses and prescribing the time within which the Minister must do so; (6) Paragraph 61(h) of the Act is replaced by the
following: (h) respecting the manner in which garnishee summonses must be honoured where there is more than one garnishee summons in respect of the same judgment debtor; 1993, c. 8, s. 18(2)
(7) Paragraph 61(i) of the English version of the
Act is replaced by the following: (i) prescribing a fee in respect of the processing of garnishee summonses and the time and manner of collecting the fee; 1997, c. 1, s. 22
70 (1) The definition support provision in section
62 of the Act is repealed. 1997, c. 1, s. 22
(2) The definitions debtor, persistent arrears and support order in section 62 of the Act are replaced by the following:
debtor means a person who is in arrears under a support order. (débiteur) support order means an order, judgment, decision or agreement — whether interim or final — that is enforceable in a province for maintenance, alimony or support. (ordonnance alimentaire) persistent arrears, in respect of a support order, means (a) arrears in any amount due to the failure to make in full the payments required in respect of any three payment periods, within the meaning of the support order, or
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(b) accumulated arrears of $3,000 or more. (être en
défaut de façon répétée)
1997, c. 1, s. 22
71 Section 63 of the Act is replaced by the following:
Amendments to schedule 63 The Governor in Council may, by order, amend the
schedule to add to or delete any type or class of licence that may be issued to an individual under an Act of Parliament or under a prerogative of the Crown.
1997, c. 1, s. 22
72 Section 64 of the Act is replaced by the following:
Purpose of Part 64 The purpose of this Part is to help provincial enforcement services enforce support orders by providing for the denial of certain licences to debtors who are in persistent arrears. 1997, c. 1, s. 22
73 (1) The portion of subsection 67(1) of the English version of the Act before paragraph (a) is replaced by the following:
Application 67 (1) If a debtor is in persistent arrears, a provincial
enforcement service may apply to the Minister requesting that the following actions be taken: 1997, c. 1, s. 22
(2) Subsection 67(2) of the Act is replaced by the
following: Contents of application (2) An application must be in the form approved by the
Minister and must contain the prescribed information.
1997, c. 1, s. 22
(3) The portion of subsection 67(3) of the Act before paragraph (a) is replaced by the following:
Statement (3) An application must contain a statement by an officer of the provincial enforcement service confirming the following:
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1997, c. 1, s. 22
(4) Paragraph 67(3)(a) of the English version of
the Act is replaced by the following: (a) that the provincial enforcement service is satisfied
that the debtor is in persistent arrears; 1997, c. 1, s. 22
(5) Paragraph 67(3)(b) of the Act is replaced by
the following: (b) that the provincial enforcement service has made
reasonable attempts to enforce the support order before making the licence denial application; and 1997, c. 1, s. 22
(6) Subparagraph 67(3)(c)(i) of the English version of the Act is replaced by the following: (i) stating that the provincial enforcement service
has reasonable grounds to believe that the debtor is in persistent arrears, 1997, c. 1, s. 22
74 Section 68 of the Act and the heading before it are replaced by the following:
Informing appropriate Ministers 68 Immediately on the receipt of a licence denial application, the Minister shall notify each appropriate Minister of the receipt of the application, and shall provide them with any information that may be necessary to assist them in determining whether the debtor to whom the application relates is the holder of a schedule licence. 75 The Act is amended by adding the following after section 68:
Right to search information banks 68.1 Subject to the regulations, the Minister and the appropriate Minister are entitled to have any of the information banks that may be searched under Part I searched for any information necessary to confirm the identity of the debtor. 1997, c. 1, s. 22
76 (1) Subparagraphs 72(1)(a)(i) and (ii) of the Act are replaced by the following: (i) is no longer in arrears under all support orders
against the debtor that are enforced by a licence denial application, (ii) is complying, in respect of those support orders, with a payment plan that the provincial enforcement service considers reasonable, or
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1997, c. 1, s. 22
(2) Paragraph 72(1)(b) of the Act is replaced by the following: (b) the provincial enforcement service ceases to enforce those support orders against the debtor. 1997, c. 1, s. 22
(3) Subsection 72(2) of the Act is replaced by the
following: Request — form and manner (2) A request under subsection (1) must be made to the Minister in the prescribed manner and in the form approved by the Minister. 1997, c. 1, s. 22
77 Section 77 of the Act and the heading before it
are repealed. 1997, c. 1, s. 22
78 Section 78 of the Act is replaced by the following:
Regulations 78 The Governor in Council may make regulations (a) respecting the conducting of searches for the purposes of this Part of the information banks that may be searched under Part I; (b) prescribing anything that by this Part is to be or
may be prescribed. 1997, c. 1, s. 22
79 The heading of Part IV of the Act is replaced
by the following:
General Provisions No Liability No liability 78.1 No action lies against Her Majesty in right of Canada, any Minister of the Crown in right of Canada or any officer or employee of Her Majesty in right of Canada for anything done or omitted to be done, or purported to be done or omitted to be done, in good faith in the exercise of any power or performance of any duty under Part I or III.
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Research Matters governed by this Act 78.2 The Minister may undertake research related to
matters governed by this Act. 1997, c. 1, s. 22
80 Section 80 of the Act is replaced by the following:
Prohibition 80 An officer or employee of, or person who is hired on a
contractual basis by, Her Majesty in right of Canada who obtains personal information, as defined in section 3 of the Privacy Act, under this Act shall not, except in performing their duties under this Act or if so authorized under another Act of Parliament, knowingly communicate the information or allow it to be communicated to any person, or knowingly allow any person to inspect or have access to any statement or other writing containing the information.
R.S., c. G-2
Garnishment, Attachment and Pension Diversion Act 81 The long title of the Garnishment, Attachment and Pension Diversion Act is replaced by the following: An Act to provide for the garnishment or attachment of Her Majesty in right of Canada, the Senate, House of Commons, Library of Parliament, Office of the Senate Ethics Officer, Office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service and Office of the Parliamentary Budget Officer and for the diversion of pension benefits payable by Her Majesty in right of Canada under certain enactments 82 (1) The definition Minister in section 2 of the Act is replaced by the following:
Minister means the Minister or Ministers designated under section 48; (ministre) (2) Section 2 of the Act is amended by adding the
following in alphabetical order:
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order means an agreement relating to maintenance, alimony or support, an order, a judgment or a decision — whether interim or final — that is enforceable in a province; (ordonnance) parliamentary entity means (a) the Senate; (b) the House of Commons; (c) the Library of Parliament; (d) the office of the Senate Ethics Officer; (e) the office of the Conflict of Interest and Ethics
Commissioner; (f) the Parliamentary Protective Service; or (g) the office of the Parliamentary Budget Officer;
(entité parlementaire) provincial enforcement service has the same meaning as in section 2 of the Family Orders and Agreements Enforcement Assistance Act; (autorité provinciale) 83 Section 3 of the Act and the heading before it
are replaced by the following:
Garnishment Garnishment permitted 3 Despite any law preventing the garnishment of Her
Majesty or a parliamentary entity, both may be garnisheed under this Part.
Garnishment under Acts of Parliament 3.1 For greater certainty, Her Majesty and parliamentary entities are bound by the law relating to garnishment provided under any Act of Parliament. 84 (1) The definition prescrit ou réglementaire in
section 4 of the French version of the Act is repealed. (2) The definitions garnishee summons and pay period in section 4 of the Act are replaced by the following:
garnishee summons includes any document that is of a similar nature to a garnishee summons, including a court order and a document in respect of maintenance,
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alimony or support issued by a provincial enforcement service; (bref de saisie-arrêt) pay period means, in respect of any particular person, the period beginning on the day after the day that is the regular pay-day of the person and ending on the day that is their next regular pay-day; (période de paye) 1997, c. 1, s. 25
85 Section 6 of the Act is replaced by the following:
Service binds Her Majesty 6 (1) Subject to this Division, service on Her Majesty of a garnishee summons, together with a copy of the order against a debtor and an application in the prescribed form, binds Her Majesty 15 days after the day on which those documents are served.
When service is effective (2) A garnishee summons served on Her Majesty is of no effect unless it is served on Her Majesty in the first 45 days following the first day on which it could have been validly served on Her Majesty.
Her Majesty no longer bound (3) The garnishee summons ceases to bind Her Majesty
after the periods and in the circumstances specified in the regulations. 86 (1) Subsection 7(1) of the French version of the Act is replaced by the following:
Lieu de la signification 7 (1) Les documents relatifs à une saisie-arrêt prévue
par la présente section doivent être signifiés à Sa Majesté au lieu indiqué dans les règlements. (2) Subsections 7(2) and (3) of the Act are replaced by the following: Method of service on Her Majesty (2) In addition to any method of service permitted by the law of a province, service of documents on Her Majesty under subsection (1) may be effected by any prescribed method. 1997, c. 1, s. 26
87 Subparagraph 8(a)(i) of the Act is replaced by
the following: (i) the salary to be paid, no later than the last day of the second pay period following the pay period in
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which Her Majesty is bound by the garnishee summons, and 1997, c. 1, s. 27
88 The portion of section 10 of the French version of the Act before paragraph (a) is replaced by the following: Délai imparti à Sa Majesté pour donner suite 10 Sa Majesté dispose, pour donner suite au bref de saisie-arrêt, des délais suivants : 89 (1) Subsection 11(1) of the Act is replaced by
the following: Methods of response 11 (1) In addition to any method of responding to a garnishee summons permitted by provincial garnishment law, Her Majesty may respond to a garnishee summons by any prescribed method. (2) Subsection 11(2) of the French version of the
Act is replaced by the following: Donner suite par courrier recommandé (2) Si Sa Majesté donne suite à un bref de saisie-arrêt par courrier recommandé, le récépissé conforme aux règlements pris, en matière de courrier recommandé, en vertu de la Loi sur la Société canadienne des postes est admissible en preuve et établit, sauf preuve contraire, qu’elle y a donné suite. 1997, c. 1, s. 28
(3) Subsections 11(3) and (4) of the Act are replaced by the following:
Effect of payment into court (3) A payment into court by Her Majesty is a good and
sufficient discharge of Her Majesty’s liability, to the extent of the payment. Effect of payment to provincial enforcement service (3.1) If provincial garnishment law permits a payment to
a provincial enforcement service of the province, a payment to the provincial enforcement service by Her Majesty is a good and sufficient discharge of Her Majesty’s liability, to the extent of the payment. Recovery (4) If, in honouring a garnishee summons, Her Majesty,
through error, pays to a debtor by way of salary or remuneration an amount in excess of the amount that Her Majesty should have paid to that debtor, the excess is a debt due to Her Majesty by that debtor and may be
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recovered from the debtor by way of deduction from, or set-off or compensation against, future moneys payable to the debtor as salary or remuneration. Recovery from party who instituted proceedings (5) If moneys are paid by Her Majesty to or for the benefit of a party who instituted garnishment proceedings permitted by this Division in excess of the amount that should be paid to or for the benefit of that party, the excess is a debt due to Her Majesty by that party and may be recovered from the party by way of deduction from, or set-off or compensation against, moneys payable to or for the benefit of that party under this Division. 90 (1) Section 12 of the Act is amended by adding the following after paragraph (a): (a.1) respecting methods of service of documents and providing for the day on which service of documents on Her Majesty is deemed to be effected; (2) Section 12 of the Act is amended by adding the
following after paragraph (b): (b.1) specifying periods and circumstances for the
purpose of subsection 6(3); 91 Section 15 of the Act is replaced by the following:
Canadian Forces 15 In respect of pay and allowances payable to members of the Canadian Forces, Her Majesty is bound by provincial garnishment law to the extent, in the manner, and subject to the terms and conditions that may be provided by or under regulations made under the National Defence Act. 2015, c. 36, s. 126
92 The heading of Division IV of Part I of the Act is replaced by the following:
Parliamentary Entities 93 (1) The definition prescrit ou réglementaire in section 16 of the French version of the Act is repealed. (2) The definitions garnishee summons and pay
period in section 16 of the Act are replaced by the following: garnishee summons includes any document that is of a similar nature to a garnishee summons, including a court
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order and a document in respect of maintenance, alimony or support issued by a provincial enforcement service; (bref de saisie-arrêt) pay period means, in respect of any particular person, the period beginning on the day after the day that is the regular pay-day of the person and ending on the day that is their next regular pay-day; (période de paye) 2017, c. 20, s. 162
(3) The portion of paragraph (b) of the definition
salary in section 16 of the Act before subparagraph (i) is replaced by the following: (b) in the case of the staff of a parliamentary entity or
the staff of members of the Senate or House of Commons, or in the case of any other person paid out of moneys appropriated by Parliament for use by a parliamentary entity, 2017, c. 20, s. 163
94 The portion of section 17 of the Act before
paragraph (a) is replaced by the following: Garnishment of salaries, remuneration 17 Each parliamentary entity is, subject to this Division and any regulation made under it, bound by provincial garnishment law in respect of
2006, c. 9, s.12; 2017, c. 20, ss. 164 and 165
95 Sections 18 and 19 of the Act are replaced by the following:
Service binding 18 (1) Subject to this Division, service on a parliamentary entity of a garnishee summons, together with a copy of the order against a debtor and an application in the prescribed form, binds the parliamentary entity, 15 days after the day on which those documents are served.
When service is effective (2) A garnishee summons served on the parliamentary entity is of no effect unless it is served in the first 45 days following the first day on which it could have been validly served.
Parliamentary entity no longer bound (3) The garnishee summons ceases to bind the parliamentary entity after the periods and in the circumstances specified in the regulations.
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Place of service 19 (1) Service of documents on a parliamentary entity in
connection with garnishment proceedings permitted by this Division must be effected at the place specified in the regulations. Method of service (2) In addition to any method of service permitted by the
law of a province, service of documents under subsection (1) may be effected by any prescribed method.
2006, c.9, s.13; 2017, c.20, s.166(1)(F)
96 (1) The portion of section 21 of the French version of the Act before paragraph (a) is replaced by the following:
Sommes frappées d’indisponibilité par la signification du bref de saisie-arrêt 21 Pour les besoins de toute procédure de saisie-arrêt prévue par la présente section, la signification à une entité parlementaire du bref de saisie-arrêt frappe d’indisponibilité les sommes suivantes dont l’entité en question est redevable envers le débiteur mentionné dans le bref : 2006, c. 9, s. 13; 2017, c. 20, s. 166(2)
(2) Subparagraph 21(a)(i) of the Act is replaced by the following: (i) the salary to be paid, no later than the last day of
the second pay period following the pay period in which the parliamentary entity is bound by the garnishee summons, and 2006, c. 9, s. 13; 2017, c. 20, s. 166(3)(E)
(3) Paragraph 21(b) of the English version of the
Act is replaced by the following: (b) in the case of remuneration described in paragraph 17(b), (i) the remuneration payable on the 15th day following the day on which the parliamentary entity is bound by the garnishee summons, and (ii) either (A) any remuneration becoming payable in the 30 days following the 15th day after the day on which the parliamentary entity is bound by the garnishee summons that is owing on that 15th day or that becomes owing in the 14 days following that 15th day, or (B) if the garnishee summons has continuing effect under the law of the province, any
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remuneration becoming payable subsequent to the 15th day after the day on which the parliamentary entity is bound by the garnishee summons. 2006, c. 9, s. 14; 2017, c. 20, s. 167(1)
97 (1) The portion of section 22 of the Act before
paragraph (a) is replaced by the following:
Time period to respond to garnishee summons 22 The parliamentary entity has the following time period within which to respond to a garnishee summons: 2006, c. 9, s. 14; 2017, c. 20, s. 167(2)(E)
(2) Paragraph 22(a) of the English version of the Act is replaced by the following: (a) in the case of a salary, 15 days, or any lesser number of days that is prescribed, after the last day of the second pay period next following the pay period in which the parliamentary entity is bound by the garnishee summons; or 2006, c. 9, s. 15; 2017, c. 20, s. 168
98 Section 23 of the Act is replaced by the following:
Methods of response 23 (1) In addition to any method of responding to a garnishee summons permitted by provincial garnishment law, the parliamentary entity may respond to a garnishee summons by any prescribed method. Response by registered mail (2) If the parliamentary entity responds to a garnishee summons by registered mail, the receipt issued in accordance with regulations relating to registered mail made under the Canada Post Corporation Act shall be received in evidence and is, unless the contrary is shown, proof that the entity has responded to the garnishee summons.
Effect of payment into court (3) A payment into court by the parliamentary entity is a
good and sufficient discharge of its liability, to the extent of the payment. Effect of payment to provincial enforcement service (3.1) If provincial garnishment law permits a payment to a provincial enforcement service of the province, a payment to the provincial enforcement service by the parliamentary entity is a good and sufficient discharge of its liability, to the extent of the payment.
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Recovery (4) If, in honouring a garnishee summons, a parliamentary entity, through error, pays to a debtor by way of salary or remuneration an amount in excess of the amount that it should have paid to that debtor, the excess is a debt due to the entity by that debtor and may be recovered from the debtor by way of deduction from, or set-off or compensation against, future moneys payable to the debtor as salary or remuneration. Recovery from party who instituted proceedings (5) If moneys are paid by a parliamentary entity to or for the benefit of a party who instituted garnishment proceedings permitted by this Division in excess of the amount that should be paid to or for the benefit of that party, the excess is a debt due to the entity by that party and may be recovered from the party by way of deduction from, or set-off or compensation against, moneys payable to or for the benefit of that party under this Division. 2017, c. 20, s. 169
99 (1) Subsection 24(a) of the Act is replaced by
the following: (a) specifying the place where service of documents on the parliamentary entities must be effected in connection with garnishment proceedings permitted by this Division; (a.1) respecting methods of service of documents and providing for the day on which service of documents on the parliamentary entities is deemed to be effected; (2) Section 24 of the Act is amended by striking out “and” at the end of paragraph (b) and by adding the following after that paragraph: (b.1) specifying periods and circumstances for the
purpose of subsection 18(3); and 2017, c. 20, s. 170
100 Section 26 of the Act is replaced by the following: No execution 26 No execution shall issue on an order made against a parliamentary entity in garnishment proceedings permitted by this Part.
101 Section 28 of the Act is replaced by the following:
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Ranking of Her Majesty 27.1 Her Majesty ranks in priority over the party that instituted the garnishment proceedings permitted under this Part with respect to any moneys that are payable to the debtor even though a garnishee summons in respect of those moneys has been served on Her Majesty or a parliamentary entity and the amount of the indebtedness may be recovered or retained in any manner authorized by law when a debtor is indebted (a) to Her Majesty; or (b) to Her Majesty in right of a province on account of taxes payable to any province and an agreement exists between Canada and the province under which Canada is authorized to collect the tax on the province’s behalf.
Priority of garnishee summons 27.2 Subject to section 27.1, in the application of this
Part, a garnishee summons for a maintenance, alimony or support obligation shall be honoured before any other garnishee summons. No execution against Her Majesty 28 No execution shall issue on an order made against Her Majesty in garnishment proceedings permitted by this Part. 102 Section 30 of the English version of the Act is replaced by the following:
Prohibition 30 No employee shall be dismissed, suspended or laid off solely on the ground that garnishment proceedings permitted by this Part may be or have been taken with respect to that employee. 103 The heading of Part II of the French version of the Act is replaced by the following:
Distraction de prestations de pension pour l’exécution d’ordonnances de soutien financier 104 Section 31 of the Act is replaced by the following:
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Application 31 This Part applies only in respect of the enforcement
of financial support orders against pension benefits that are payable under the enactments listed in the schedule.
1997, c. 1, s. 32(1)
105 (1) The definition application in subsection
32(1) of the Act is repealed. (2) The definition prescrit ou réglementaire in subsection 32(1) of the French version of the Act is repealed. 1997, c. 1, s. 32; 2000, c. 12, s. 120
(3) The definitions financial support order, Minister, pension benefit and recipient in subsection 32(1) of the Act are replaced by the following: financial support order means, subject to subsection (2), an order, judgment, decision or agreement for maintenance, alimony or support — whether interim or final — that is enforceable in a province; (ordonnance de soutien financier) Minister means the Minister or Ministers designated under section 40.2; (ministre) pension benefit means (a) any of the following benefits payable under an enactment that is listed in the schedule: (i) a pension, (ii) an annual allowance, (iii) an annuity, (iv) a lump sum return of pension contributions, including interest, if any, (v) a gratuity, (vi) a cash termination allowance, (vii) a withdrawal allowance, including interest, if
any, (viii) a transfer value, or (ix) a bridge benefit, and (b) any benefit payable under the Supplementary Retirement Benefits Act or the Public Service Pension Adjustment Act, chapter P-33 of the Revised Statutes
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of Canada, 1970, in respect of a pension, annual allowance or annuity referred to in paragraph (a); (prestation de pension) recipient means (a) in respect of a benefit referred to in any of subparagraphs (a)(i) to (vii) of the definition pension benefit, a child or other person to whom the benefit is immediately payable, but does not include a child or other person whose entitlement to the benefit is based on their status as a survivor of the person who was originally entitled to the benefit or would have been entitled to it had death not intervened, or (b) in respect of a benefit referred to in subparagraph (a)(viii) or (ix) of the definition pension benefit, a person who is entitled to the benefit. (prestataire)
(4) Subsection 32(1) of the Act is amended by adding the following in alphabetical order:
Her Majesty means Her Majesty in right of Canada; (Sa Majesté) provincial enforcement service has the same meaning as in section 2 of the Family Orders and Agreements Enforcement Assistance Act; (autorité provinciale) 2000, c. 12, s. 121
106 (1) Subsections 33(1) to (3) of the Act are replaced by the following: Application for diversion 33 (1) Subject to this Part and the regulations, a person named in a financial support order may make an application to the Minister for diversion of a pension benefit payable to a recipient if (a) the order is valid and subsisting; and (b) the person against whom the order has been made is a recipient.
Representation (2) The application may be made, in accordance with the regulations, on behalf of a person by any other person or by a provincial enforcement service.
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Diversion of pension benefits (3) The Minister shall, not later than the first day of the
fourth month after the month in which the Minister receives the duly completed application, divert an amount or amounts computed in accordance with sections 36 to 40 and the regulations from any net pension benefit that is payable to the recipient named in the application, and any amount so diverted shall be paid, subject to subsection (4), to the applicant, to any other person designated for that purpose in the financial support order or to a provincial enforcement service if the law of the province permits payment to it. (2) Section 33 of the Act is amended by adding the following after subsection (2):
Contents of application (2.1) The application must contain the prescribed information and be accompanied by the prescribed documents.
Arrears of maintenance, alimony or support (2.2) A provincial enforcement service may, in respect of
an application referred to in subsection (1), submit a document to the Minister that sets out a recipient’s arrears of maintenance, alimony or support and any prescribed information. 107 (1) Section 35.1 of the Act is amended by
adding the following after subsection (1):
Pension benefit not immediately payable — Canadian Forces (1.1) A person who is entitled to support under a valid and subsisting financial support order may apply for an order under subsection (2) to any court in Canada that has jurisdiction to make a financial support order if the person against whom the financial support order is made (a) has ceased to be required to make contributions under section 5 of the Canadian Forces Superannuation Act or has ceased to be a participant under subsection 5(1) of the Reserve Force Pension Plan Regulations; (b) is not a recipient and is entitled to a deferred annuity under section 17 of the Canadian Forces Superannuation Act or subsection 44(1) of the Reserve Force Pension Plan Regulations; and (c) has reached 50 years of age but has not yet reached
60 years of age.
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2012, c. 31, s. 502(2)
(2) The portion of subsection 35.1(2) of the Act before paragraph (a) is replaced by the following:
Order (2) A court to which an application is made under subsection (1) or (1.1) may make an order deeming the person against whom there is a valid and subsisting financial support order to have exercised an option under any of sections 12 to 13.001 of the Public Service Superannuation Act, section 18 of the Canadian Forces Superannuation Act or section 45 of the Reserve Force Pension Plan Regulations in favour of an annual allowance payable as of the date of the making of the order under this subsection if the court is satisfied that 1997, c. 1, s. 33
108 Sections 35.3 and 35.4 of the Act are replaced by the following:
Provision of information 35.3 On application by a person who is entitled to support under a valid and subsisting financial support order, the Minister shall, in accordance with the regulations, provide the person with the prescribed information concerning any matter related to the making of an application under section 35.1. Representation 35.4 An application under section 35.1 or 35.3 may be made on behalf of a person by any other person or by a provincial enforcement service. 1997, c. 1, s. 34
109 Paragraphs 36(c) to (g) of the English version of the Act are replaced by the following: (c) if the recipient is domiciled in Canada and habitually resident in a province in which there is in force a law of general application permitting garnishment, attachment or diversion of pensions for the enforcement of financial support orders, the amount to be diverted shall be determined in accordance with the law of that province in force at the time of the diversion payment, (d) if the recipient is domiciled in Canada and habitually resident elsewhere than in a province described in paragraph (c), the amount to be diverted shall be the amount required to satisfy the financial support order, up to a maximum of 50% of the recipient’s net pension benefit,
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(e) if the recipient is domiciled outside Canada and
the applicant is habitually resident in a province described in paragraph (c), the amount to be diverted shall be determined in accordance with the law of that province in force at the time of the diversion payment, (f) if the recipient is domiciled outside Canada and the applicant is habitually resident in a province other than one described in paragraph (c), the amount to be diverted shall be the amount required to satisfy the financial support order, up to a maximum of 50% of the recipient’s net pension benefit, or (g) if the recipient and the applicant are domiciled outside Canada and are habitually resident outside Canada, the amount to be diverted shall be the amount required to satisfy the financial support order, up to a maximum of 50% of the recipient’s net pension benefit. 110 (1) The portion of subsection 37(2) of the
French version of the Act before paragraph (a) is replaced by the following: Circonstances dans lesquelles les versements sont faits (2) Si le ministre estime que l’ordonnance visée au paragraphe (1) ne peut être modifiée afin d’y prévoir des versements périodiques ou qu’il n’est pas pratique de le faire, et qu’il l’a notifié au requérant et au prestataire, il est, sous réserve du paragraphe (3), procédé à une distraction de cinquante pour cent de la prestation mensuelle nette de pension revenant au prestataire jusqu’à ce que l’une des conditions suivantes soit remplie : (2) Subsection 37(3) of the French version of the
Act is replaced by the following: Dépôt annuel d’une déclaration écrite (3) Lorsque la distraction est faite en vertu du paragraphe (2), le requérant dépose annuellement auprès du ministre, dans le délai réglementaire, une déclaration écrite attestant qu’il est encore habilité à recevoir les sommes distraites, comportant les renseignements réglementaires et signée par lui en présence d’une personne appartenant à une catégorie réglementaire. 111 (1) The portion of subsection 39(1) of the Act before paragraph (a) is replaced by the following:
Periodic financial support order versus lump sum pension benefit 39 (1) If a financial support order provides only for periodic payments and the recipient’s pension benefit
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consists only of a lump sum, the Minister shall, immediately after receiving a duly completed application, (2) Paragraph 39(1)(b) of the Act is replaced by the following: (b) cause the applicant to be notified in accordance with the regulations that, unless the financial support order is varied in accordance with this section, it will be treated as a financial support order for a lump sum payment of an amount equal to one periodic payment under the original financial support order. (3) Subsection 39(3) of the Act is repealed.
(4) Subsections 39(5) and (6) of the Act are replaced by the following:
Applicant must submit varied financial support order to Minister (5) If, within 90 days after receiving the evidence referred to in subsection (2), the Minister receives a copy of a varied financial support order providing in whole or in part for a lump sum payment, the Minister shall proceed with the application for diversion in accordance with this Part.
If condition not satisfied (6) If a copy of the varied financial support order referred to in subsection (5) is not received by the Minister within the period mentioned in that subsection, the Minister shall treat the application for diversion as an application based on a financial support order for the payment of a lump sum equal to the amount of one periodic payment under the original financial support order. 1997, c. 1, s. 38
112 Section 40.1 of the Act is replaced by the following: Arrears 40.1 In the case of a financial support order that is an
order or judgment for arrears of payments, despite paragraph 36(d), (f) or (g), subsection 37(2) or section 38, 39 or 40, the amount to be diverted may exceed 50% of the recipient’s net pension benefit. 113 Section 41 of the Act is replaced by the following:
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Designation of Minister 40.2 The Governor in Council may, by order, designate one or more federal ministers as the Minister or Ministers for the purposes of any provision of this Part and the enactments set out in items 12 and 16 of the schedule.
Application to vary amount being diverted or to terminate diversion 41 (1) When a diversion is being carried out, either the applicant or the recipient may at any time apply to the Minister, in accordance with the regulations, for a variation in the amount being diverted or for termination of the diversion.
When variation or termination effective (2) Despite a recipient’s entitlement under an enactment
listed in the schedule, the variation or termination of a diversion is effective only as of the first day of the month after the month in which the Minister receives the duly completed application for variation or termination, as the case may be. 114 (1) Paragraph 42(1)(a) of the Act is replaced
by the following: (a) to the extent that it was in error paid to the recipient, is a debt due to Her Majesty by the recipient, and may be recovered from the recipient by way of deduction from, or set-off or compensation against, future pension benefits to be paid to the recipient; and (2) Subsection 42(2) of the Act is replaced by the following:
Recovery (2) If a diversion payment made to an applicant is greater than the amount that should have been paid to the applicant under this Part, the amount of the excess is a debt due to Her Majesty by the applicant and may be recovered from the applicant by way of deduction from, or set-off or compensation against, future diversion payments to be paid to the applicant under this Part. 115 (1) The portion of section 46 of the French version of the Act before paragraph (a) is replaced by the following:
Règlements 46 Le gouverneur en conseil peut, sur recommandation
du ministre, prendre des règlements : (2) Paragraphs 46(a) and (b) of the Act are replaced by the following:
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(a) respecting the making of applications on behalf of
a person by another person or by a provincial enforcement service under section 33, and respecting the payment of diverted amounts to a person for the benefit of another person or to a provincial enforcement service; (b) respecting the amount or amounts to be diverted from a recipient’s net pension benefit, and respecting the procedure to be followed in any situation not dealt with in sections 36 to 40; (3) Section 46 of the Act is amended by adding the following after subsection (a): (a.1) respecting documents which must accompany
an application made under section 33, which documents may vary according to the applicant and the circumstances specified in the regulations; (a.2) respecting the submission of the document referred to in subsection 33(2.2);
1997, c. 1, s. 39
(4) Paragraphs 46(b.1) to (e) of the French version of the Act are replaced by the following: b.1) concernant la communication des renseignements visés à l’article 35.3; c) concernant les motifs entraînant la modification de
la somme distraite ou la cessation de la distraction, ainsi que les procédures s’y rapportant; d) prévoyant toute mesure d’ordre réglementaire prévue par la présente partie; e) prévoyant toute autre mesure d’application de la
présente partie. (5) Section 46 of the Act is amended by adding the
following after paragraph (b.1): (b.2) respecting methods of notification for the purpose of section 39 and providing for the day on which notification is deemed to be effected for the purpose of that section; (b.3) prescribing the circumstances in which a copy of the financial support order referred to in subsection 39(5) is to be certified; 116 The Act is amended by adding the following after section 47:
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PART III
General Provisions Designation of Minister 48 The Governor in Council may, by order, designate
one or more federal ministers as the Minister or Ministers for the purposes of any provision of this Part or Part I. Research 49 (1) The Minister may undertake research related to
matters governed by this Act.
Agreement to collect information (2) The Minister shall not collect information for the purpose of subsection (1) from a parliamentary entity unless the Minister entered into an agreement to do so with the entity in question.
Parliamentary entity (3) For the purpose of this section, parliamentary entity has the same meaning as in section 2.
Prohibition 50 An officer or employee of, or person who is hired on a
contractual basis by, Her Majesty in right of Canada or a parliamentary entity who obtains personal information, as defined in section 3 of the Privacy Act, under this Act shall not, except in performing their duties under this Act or if so authorized under another Act of Parliament, knowingly communicate the information or allow it to be communicated to any person, or knowingly allow any person to inspect or have access to any statement or other writing containing the information.
Offence and punishment 51 Every person who contravenes section 50 is guilty of
an offence and liable on summary conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding six months, or to both. 117 The schedule to the Act is amended by replacing the reference after the heading “SCHEDULE” with the following: (Section 31, subsection 32(1), section 40.2 and subsection 41(2))
118 Item 10 of the schedule to the Act is replaced
by the following:
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10 Royal Canadian Mounted Police Superannuation
Act, Parts I and III. 119 Item 13 of the schedule to the Act is repealed.
Transitional Provisions Family Orders and Agreements Enforcement Assistance Act 120 (1) In this section, other Act means the Family Orders and Agreements Enforcement Assistance Act. Former Part I of other Act (2) Part I of the other Act, as it read immediately before the day on which section 46 of this Act comes into force, applies to an application made before that day under any of sections 7 to 14 of the other Act and with respect to which the 12month period set out in section 17 of the other Act has not expired on that day.
Former sections 28 and 29 of other Act (3) Sections 28 and 29 of the other Act, as it read
immediately before the day on which section 54 of this Act comes into force, applies to a garnishee summons and an application served on Her Majesty in right of Canada under section 28 of the other Act before that day and which bind Her Majesty in right of Canada on or after that day. Garnishment, Attachment and Pension Diversion Act — garnishee summons 121 Subsections 6(2) and 18(2) of the Garnishment, Attachment and Pension Diversion Act (“other Act”), as they read immediately before the day on which section 85 of this Act comes into force, apply to a garnishee summons served under the other Act before that day.
R.S., c. C-46
Consequential Amendments to the Criminal Code 2004, c. 15, s. 108
122 Subparagraph (a)(li) of the definition offence in section 183 of the Criminal Code is replaced by the following:
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(li) section 282 (abduction in contravention of custody order or parenting order), 1993, c. 45, s. 4
123 Section 282 of the Act is replaced by the following: Abduction in contravention of custody or parenting order 282 (1) Every one who, being the parent, guardian or
person having the lawful care or charge of a child under the age of 14 years, takes, entices away, conceals, detains, receives or harbours that child, in contravention of a custody order or a parenting order made by a court anywhere in Canada, with intent to deprive a parent or guardian, or any other person who has the lawful care or charge of that child, of the possession of that child is guilty of (a) an indictable offence and is liable to imprisonment for a term not exceeding ten years; or (b) an offence punishable on summary conviction.
If no belief in validity of custody order or parenting order (2) If a count charges an offence under subsection (1)
and the offence is not proven only because the accused did not believe that there was a valid custody order or parenting order but the evidence does prove an offence under section 283, the accused may be convicted of an offence under that section.
1993, c. 45, s. 5
124 The portion of subsection 283(1) of the Act
before paragraph (a) is replaced by the following: Abduction 283 (1) Everyone who, being the parent, guardian or
person having the lawful care or charge of a child under the age of 14 years, takes, entices away, conceals, detains, receives or harbours that child, whether or not there is an order referred to in subsection 282(1) in respect of the child , with intent to deprive a parent, guardian or any other person who has the lawful care or charge of that child, of the possession of that child, is guilty of
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Coordinating Amendments Divorce Act — Sections 30 and 31
125 (1) If section 31 comes into force before section 30, (a) sections 37 to 41 are deemed never to have
come into force and are repealed; (b) the Divorce Act is amended by adding, after section 36, the schedule set out in Schedule 2 to this Act; and (c) section 36 is replaced by the following: 36 (1) The schedule set out in Schedule 1 to this Act is renumbered as Schedule 2. (2) The schedule to the Act is renumbered as Schedule 1. (3) The Act is amended by adding, after Schedule
1, the Schedule 2 set out in Schedule 1 to this Act. (4) The reference to “the schedule” in the definition 2007 Convention in section 28 of the Act is replaced by a reference to “Schedule 2”. (5) The reference to “the schedule” in the definition 1996 Convention in section 30 of the Act is replaced by a reference to “Schedule 1”. (2) If sections 30 and 31 come into force on the same day, then that section 30 is deemed to have come into force before that section 31.
Coming into Force Order in council 126 (1) Subsections 1(1) to (4), (6) and (7), sections 2 to 6, 8 to 15, subsection 16(2), sections 17 to 19, 21, 22 and 23 to 25, subsection 28(3) and sections 32 to 35 come into force on a day to be fixed by order of the Governor in Council. Order in council (2) Subsections 16(1) and (3) and 28(4) and sections 30 and 36 come into force on a day to be fixed by order of the Governor in Council, but that day must not be before the day fixed in accordance with subsection (1).
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Order in council (3) Subsection 1(5) and sections 7, 20, 31 and 37 to
41 come into force on a day to be fixed by order of the Governor in Council, but that day must not be before the day fixed in accordance with subsection (1). Order in council (3.1) Section 22.1 comes into force in one or more provinces on a day or days to be fixed by order of the Governor in Council.
Order in council (4) Sections 43, 45, 46 and 48 and subsections
49(1), (3) and (5) to (7) come into force on a day to be fixed by order of the Governor in Council. Order in council (5) Subsections 51(1) and (4), sections 52, 54 and
66 and subsections 69(2) and (6) come into force on a day to be fixed by order of the Governor in Council. Order in council (6) Subsections 73(2) to (6), section 74 and subsection 76(3) come into force on a day to be fixed by order of the Governor in Council. Order in council (7) Subsections 105(1), 106(2), 111(2) to (4) and
115(3) and (5) come into force on a day to be fixed by order of the Governor in Council.
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SCHEDULE 1 (Section 36)
SCHEDULE (Section 28)
Convention on the International Recovery of Child Support and Other Forms of Family Maintenance Preamble The States signatory to the present Convention, Desiring to improve co-operation among States for the international recovery of child support and other forms of family maintenance, Aware of the need for procedures which produce results and are accessible, prompt, efficient, cost-effective, responsive and fair, Wishing to build upon the best features of existing Hague Conventions and other international instruments, in particular the United Nations Convention on the Recovery Abroad of Maintenance of 20 June 1956, Seeking to take advantage of advances in technologies and to create a flexible system which can continue to evolve as needs change and further advances in technology create new opportunities, Recalling that, in accordance with Articles 3 and 27 of the United Nations Convention on the Rights of the Child of 20 November 1989, in all actions concerning children the best interests of the child shall be a primary consideration, every child has a right to a standard of living adequate for the child’s physical, mental, spiritual, moral and social development, the parent(s) or others responsible for the child have the primary responsibility to secure, within their abilities and financial capacities, the conditions of living necessary for the child’s development, and States Parties should take all appropriate measures, including the conclusion of international agreements, to secure the recovery of maintenance for the child from the parent(s) or other responsible persons, in particular where such persons live in a State different from that of the child, Have resolved to conclude this Convention and have agreed upon the following provisions
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CHAPTER I
Object, Scope and Definitions ARTICLE 1
Object The object of the present Convention is to ensure the effective international recovery of child support and other forms of family maintenance, in particular by – a) establishing a comprehensive system of co-operation between the authorities of the Contracting States; b) making available applications for the establishment of maintenance decisions; c) providing for the recognition and enforcement of maintenance decisions; and d) requiring effective measures for the prompt enforcement of maintenance decisions.
ARTICLE 2
Scope 1 This Convention shall apply – a) to maintenance obligations arising from a parent-child relationship towards a person under the age of 21 years; b) to recognition and enforcement or enforcement of a decision for spousal support when the application is made with a claim within the scope of sub-paragraph a); and c) with the exception of Chapters II and III, to spousal support.
2 Any Contracting State may reserve, in accordance with Article 62, the right to limit the application of the Convention under sub-paragraph 1 a), to persons who have not attained the age of 18 years. A Contracting State which makes this reservation shall not be entitled to claim the application of the Convention to persons of the age excluded by its reservation. 3 Any Contracting State may declare in accordance with Article 63 that it will extend the application of the whole or any part of the Convention to any maintenance obligation arising from a family relationship, parentage, marriage or affinity, including in particular obligations in respect of vulnerable persons. Any such declaration shall give rise to obligations between two Contracting States only in so far as their declarations cover the same maintenance obligations and parts of the Convention. 4 The provisions of this Convention shall apply to children regardless of the marital status of the parents.
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ARTICLE 3
Definitions For the purposes of this Convention – a) “creditor” means an individual to whom maintenance is owed or is alleged to be owed; b) “debtor” means an individual who owes or who is alleged to owe maintenance; c) “legal assistance” means the assistance necessary to enable applicants to know and assert their rights and to ensure that applications are fully and effectively dealt with in the requested State. The means of providing such assistance may include as necessary legal advice, assistance in bringing a case before an authority, legal representation and exemption from costs of proceedings; d) “agreement in writing” means an agreement recorded in any medium, the information contained in which is accessible so as to be usable for subsequent reference; e) “maintenance arrangement” means an agreement in writing relating to the payment of maintenance which i) has been formally drawn up or registered as an authentic instrument by a competent authority, or ii) has been formally drawn up or registered as an authentic instrument by a competent authority; or and may be the subject of review and modification by a competent authority; f) “vulnerable person” means a person who, by reason of an impairment or insufficiency of his or her personal faculties, is not able to support him or herself.
CHAPTER II
Administrative Co-operation ARTICLE 4
Designation of Central Authorities 1 A Contracting State shall designate a Central Authority to discharge the duties that are imposed by the Convention on such an authority. 2 Federal States, States with more than one system of law or States having autonomous territorial units shall be free to appoint more than one Central Authority and shall specify the territorial or personal extent of their functions. Where a State has appointed more than one Central Authority, it shall designate the Central Authority to which any communication may be addressed for transmission to the appropriate Central Authority within that State. 3 The designation of the Central Authority or Central Authorities, their contact details, and where appropriate the extent of their functions as specified in paragraph 2, shall be
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communicated by a Contracting State to the Permanent Bureau of the Hague Conference on Private International Law at the time when the instrument of ratification or accession is deposited or when a declaration is submitted in accordance with Article 61. Contracting States shall promptly inform the Permanent Bureau of any changes.
ARTICLE 5
General Functions of Central Authorities Central Authorities shall – a) co-operate with each other and promote co-operation amongst the competent authorities in their States to achieve the purposes of the Convention; b) seek as far as possible solutions to difficulties which arise in the application of the Convention.
ARTICLE 6
Specific Functions of Central Authorities 1 Central Authorities shall provide assistance in relation to applications under Chapter III. In particular they shall – a) transmit and receive such applications; b) initiate or facilitate the institution of proceedings in respect of such applications. 2 In relation to such applications they shall take all appropriate measures – a) where the circumstances require, to provide or facilitate the provision of legal assistance; b) to help locate the debtor or the creditor; c) to help obtain relevant information concerning the income and, if necessary, other financial circumstances of the debtor or creditor, including the location of assets; d) to encourage amicable solutions with a view to obtaining voluntary payment of maintenance, where suitable by use of mediation, conciliation or similar processes; e) to facilitate the ongoing enforcement of maintenance decisions, including any arrears; f) to facilitate the collection and expeditious transfer of maintenance payments; g) to facilitate the obtaining of documentary or other evidence; h) to provide assistance in establishing parentage where necessary for the recovery of maintenance; i) to initiate or facilitate the institution of proceedings to obtain any necessary provisional measures that are territorial in nature and the purpose of which is to secure the outcome of a pending maintenance application; j) to facilitate service of documents.
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3 The functions of the Central Authority under this Article may, to the extent permitted under the law of its State, be performed by public bodies, or other bodies subject to the supervision of the competent authorities of that State. The designation of any such public bodies or other bodies, as well as their contact details and the extent of their functions, shall be communicated by a Contracting State to the Permanent Bureau of the Hague Conference on Private International Law. Contracting States shall promptly inform the Permanent. 4 Nothing in this Article or Article 7 shall be interpreted as imposing an obligation on a Central Authority to exercise powers that can be exercised only by judicial authorities under the law of the requested State.
ARTICLE 7
Requests for Specific Measures 1 A Central Authority may make a request, supported by reasons, to another Central Authority to take appropriate specific measures under Article 6(2) b), c), g), h), i) and j) when no application under Article 10 is pending. The requested Central Authority shall take such measures as are appropriate if satisfied that they are necessary to assist a potential applicant in making an application under Article 10 or in determining whether such an application should be initiated. 2 A Central Authority may also take specific measures on the request of another Central Authority in relation to a case having an international element concerning the recovery of maintenance pending in the requesting State.
ARTICLE 8
Central Authority Costs 1 Each Central Authority shall bear its own costs in applying this Convention. 2 Central Authorities may not impose any charge on an applicant for the provision of their services under the Convention save for exceptional costs arising from a request for a specific measure under Article 7. 3 The requested Central Authority may not recover the costs of the services referred to in paragraph 2 without the prior consent of the applicant to the provision of those services at such cost.
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CHAPTER III
Applications Through Central Authorities ARTICLE 9
Application Through Central Authorities An application under this Chapter shall be made through the Central Authority of the Contracting State in which the applicant resides to the Central Authority of the requested State. For the purpose of this provision, residence excludes mere presence.
ARTICLE 10
Available Applications 1 The following categories of application shall be available to a creditor in a requesting State seeking to recover maintenance under this Convention – a) recognition or recognition and enforcement of a decision; b) enforcement of a decision made or recognised in the requested State; c) establishment of a decision in the requested State where there is no existing decision, including where necessary the establishment of parentage; d) establishment of a decision in the requested State where recognition and enforcement of a decision is not possible, or is refused, because of the lack of a basis for recognition and enforcement under Article 20, or on the grounds specified in Article 22 b) or e); e) modification of a decision made in the requested State; f) modification of a decision made in a State other than the requested State.
2 The following categories of application shall be available to a debtor in a requesting State against whom there is an existing maintenance decision – a) recognition of a decision, or an equivalent procedure leading to the suspension, or limiting the enforcement, of a previous decision in the requested State; b) modification of a decision made in the requested State; c) modification of a decision made in a State other than the requested State.
3 Save as otherwise provided in this Convention, the applications in paragraphs 1 and 2 shall be determined under the law of the requested State, and applications in paragraphs 1 c) to
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f) and 2 b) and c) shall be subject to the jurisdictional rules applicable in the requested State.
ARTICLE 11
Application Contents 1 All applications under Article 10 shall as a minimum include – a) a statement of the nature of the application or applications; b) the name and contact details, including the address and date of birth of the applicant; c) the name and, if known, address and date of birth of the respondent; d) the name and date of birth of any person for whom maintenance is sought; e) the grounds upon which the application is based; f) in an application by a creditor, information concerning where the maintenance payment should be sent or electronically transmitted; g) save in an application under Article 10(1) a) and (2) a), any information or document specified by declaration in accordance with Article 63 by the requested State; h) the name and contact details of the person or unit from the Central Authority of the requesting State responsible for processing the application. 2 As appropriate, and to the extent known, the application shall in addition in particular include – a) the financial circumstances of the creditor; b) the financial circumstances of the debtor, including the name and address of the employer of the debtor and the nature and location of the assets of the debtor; c) any other information that may assist with the location of the respondent. 3 The application shall be accompanied by any necessary supporting information or documentation including documentation concerning the entitlement of the applicant to free legal assistance. In the case of applications under Article 10(1) a) and (2) a), the application shall be accompanied only by the documents listed in Article 25. 4 An application under Article 10 may be made in the form recommended and published by the Hague Conference on Private International Law.
ARTICLE 12
Transmission, Receipt and Processing of Applications and Cases Through Central Authorities 1 The Central Authority of the requesting State shall assist the applicant in ensuring that the application is accompanied
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by all the information and documents known by it to be necessary for consideration of the application. 2 The Central Authority of the requesting State shall, when satisfied that the application complies with the requirements of the Convention, transmit the application on behalf of and with the consent of the applicant to the Central Authority of the requested State. The application shall be accompanied by the transmittal form set out in Annex 1. The Central Authority of the requesting State shall, when requested by the Central Authority of the requested State, provide a complete copy certified by the competent authority in the State of origin of any document specified under Articles 16(3), 25(1) a), b), and d), (3) b) and 30(3). 3 The requested Central Authority shall, within six weeks from the date of receipt of the application, acknowledge receipt in the form set out in Annex 2, and inform the Central Authority of the requesting State what initial steps have been or will be taken to deal with the application, and may request any further necessary documents and information. Within the same six-week period, the requested Central Authority shall provide to the requesting Central Authority the name and contact details of the person or unit responsible for responding to inquiries regarding the progress of the application. 4 Within three months after the acknowledgement, the requested Central Authority shall inform the requesting Central Authority of the status of the application. 5 Requesting and requested Central Authorities shall keep each other informed of – a) the person or unit responsible for a particular case; b) the progress of the case, and shall provide timely responses to enquiries. 6 Central Authorities shall process a case as quickly as a proper consideration of the issues will allow. 7 Central Authorities shall employ the most rapid and efficient means of communication at their disposal. 8 A requested Central Authority may refuse to process an application only if it is manifest that the requirements of the Convention are not fulfilled. In such case, that Central Authority shall promptly inform the requesting Central Authority of its reasons for refusal. 9 The requested Central Authority may not reject an application solely on the basis that additional documents or information are needed. However, the requested Central Authority may ask the requesting Central Authority to provide these additional documents or information. If the requesting Central Authority does not do so within three months or a longer period specified by the requested Central Authority, the requested Central Authority may decide that it will no longer process the application. In this case, it shall inform the requesting Central Authority of this decision.
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ARTICLE 13
Means of Communication Any application made through Central Authorities of the Contracting States in accordance with this Chapter, and any document or information appended thereto or provided by a Central Authority, may not be challenged by the respondent by reason only of the medium or means of communication employed between the Central Authorities concerned.
ARTICLE 14
Effective Access to Procedures 1 The requested State shall provide applicants with effective access to procedures, including enforcement and appeal procedures, arising from applications under this Chapter. 2 To provide such effective access, the requested State shall provide free legal assistance in accordance with Articles 14 to 17 unless paragraph 3 applies. 3 The requested State shall not be obliged to provide such free legal assistance if and to the extent that the procedures of that State enable the applicant to make the case without the need for such assistance, and the Central Authority provides such services as are necessary free of charge. 4 Entitlements to free legal assistance shall not be less than those available in equivalent domestic cases. 5 No security, bond or deposit, however described, shall be required to guarantee the payment of costs and expenses in proceedings under the Convention.
ARTICLE 15
Free Legal Assistance for Child Support Applications 1 The requested State shall provide free legal assistance in respect of all applications by a creditor under this Chapter concerning maintenance obligations arising from a parentchild relationship towards a person under the age of 21 years. 2 Notwithstanding paragraph 1, the requested State may, in relation to applications other than those under Article 10(1) a) and b) and the cases covered by Article 20(4), refuse free legal assistance if it considers that, on the merits, the application or any appeal is manifestly unfounded.
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ARTICLE 16
Declaration To Permit Use of Childcentred Means Test 1 Notwithstanding Article 15(1), a State may declare, in accordance with Article 63, that it will provide free legal assistance in respect of applications other than under Article 10(1) a) and b) and the cases covered by Article 20(4), subject to a test based on an assessment of the means of the child. 2 A State shall, at the time of making such a declaration, provide information to the Permanent Bureau of the Hague Conference on Private International Law concerning the manner in which the assessment of the child’s means will be carried out, including the financial criteria which would need to be met to satisfy the test. 3 An application referred to in paragraph 1, addressed to a State which has made the declaration referred to in that paragraph, shall include a formal attestation by the applicant stating that the child’s means meet the criteria referred to in paragraph 2. The requested State may only request further evidence of the child’s means if it has reasonable grounds to believe that the information provided by the applicant is inaccurate. 4 If the most favourable legal assistance provided for by the law of the requested State in respect of applications under this Chapter concerning maintenance obligations arising from a parent-child relationship towards a child is more favourable than that provided for under paragraphs 1 to 3, the most favourable legal assistance shall be provided.
ARTICLE 17
Applications not Qualifying Under Article 15 or Article 16 In the case of all applications under this Convention other than those under Article 15 or Article 16 – a) the provision of free legal assistance may be made subject to a means or a merits test; b) an applicant, who in the State of origin has benefited from free legal assistance, shall be entitled, in any proceedings for recognition or enforcement, to benefit, at least to the same extent, from free legal assistance as provided for by the law of the State addressed under the same circumstances.
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CHAPTER IV
Restrictions on Bringing Proceedings ARTICLE 18
Limit on Proceedings 1 Where a decision is made in a Contracting State where the creditor is habitually resident, proceedings to modify the decision or to make a new decision cannot be brought by the debtor in any other Contracting State as long as the creditor remains habitually resident in the State where the decision was made. 2 Paragraph 1 shall not apply – a) where, except in disputes relating to maintenance obligations in respect of children, there is agreement in writing between the parties to the jurisdiction of that other Contracting State; b) where the creditor submits to the jurisdiction of that other Contracting State either expressly or by defending on the merits of the case without objecting to the jurisdiction at the first available opportunity; c) where the competent authority in the State of origin cannot, or refuses to, exercise jurisdiction to modify the decision or make a new decision; or d) where the decision made in the State of origin cannot be recognised or declared enforceable in the Contracting State where proceedings to modify the decision or make a new decision are contemplated.
CHAPTER V
Recognition and Enforcement ARTICLE 19
Scope of the Chapter 1 This Chapter shall apply to a decision rendered by a judicial or administrative authority in respect of a maintenance obligation. The term “decision” also includes a settlement or agreement concluded before or approved by such an authority. A decision may include automatic adjustment by indexation and a requirement to pay arrears, retroactive maintenance or interest and a determination of costs or expenses. 2 If a decision does not relate solely to a maintenance obligation, the effect of this Chapter is limited to the parts of the decision which concern maintenance obligations. 3 For the purpose of paragraph 1, “administrative authority” means a public body whose decisions, under the law of the State where it is established –
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a) may be made the subject of an appeal to or review by a judicial authority; and b) have a similar force and effect to a decision of a judicial authority on the same matter. 4 This Chapter also applies to maintenance arrangements in accordance with Article 30. 5 The provisions of this Chapter shall apply to a request for recognition and enforcement made directly to a competent authority of the State addressed in accordance with Article 37.
ARTICLE 20
Bases for Recognition and Enforcement 1 A decision made in one Contracting State (“the State of origin”) shall be recognised and enforced in other Contracting States if – a) the respondent was habitually resident in the State of origin at the time proceedings were instituted; b) the respondent has submitted to the jurisdiction either expressly or by defending on the merits of the case without objecting to the jurisdiction at the first available opportunity; c) the creditor was habitually resident in the State of origin at the time proceedings were instituted; d) the child for whom maintenance was ordered was habitually resident in the State of origin at the time proceedings were instituted, provided that the respondent has lived with the child in that State or has resided in that State and provided support for the child there; e) except in disputes relating to maintenance obligations in respect of children, there has been agreement to the jurisdiction in writing by the parties; or f) the decision was made by an authority exercising jurisdiction on a matter of personal status or parental responsibility, unless that jurisdiction was based solely on the nationality of one of the parties. 2 A Contracting State may make a reservation, in accordance with Article 62, in respect of paragraph 1 c), e) or f). 3 A Contracting State making a reservation under paragraph 2 shall recognise and enforce a decision if its law would in similar factual circumstances confer or would have conferred jurisdiction on its authorities to make such a decision. 4 A Contracting State shall, if recognition of a decision is not possible as a result of a reservation under paragraph 2, and if the debtor is habitually resident in that State, take all appropriate measures to establish a decision for the benefit of the creditor. The preceding sentence shall not apply to direct requests for recognition and enforcement under Article 19(5) or to claims for support referred to in Article 2(1) b).
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5 A decision in favour of a child under the age of 18 years which cannot be recognised by virtue only of a reservation in respect of paragraph 1 c), e) or f) shall be accepted as establishing the eligibility of that child for maintenance in the State addressed. 6 A decision shall be recognised only if it has effect in the State of origin, and shall be enforced only if it is enforceable in the State of origin.
ARTICLE 21
Severability and Partial Recognition and Enforcement 1 If the State addressed is unable to recognise or enforce the whole of the decision, it shall recognise or enforce any severable part of the decision which can be so recognised or enforced. 2 Partial recognition or enforcement of a decision can always be applied for.
ARTICLE 22
Grounds for Refusing Recognition and Enforcement Recognition and enforcement of a decision may be refused if – a) recognition and enforcement of the decision is manifestly incompatible with the public policy (“ordre public”) of the State addressed; b) the decision was obtained by fraud in connection with a matter of procedure; c) proceedings between the same parties and having the same purpose are pending before an authority of the State addressed and those proceedings were the first to be instituted; d) the decision is incompatible with a decision rendered between the same parties and having the same purpose, either in the State addressed or in another State, provided that this latter decision fulfils the conditions necessary for its recognition and enforcement in the State addressed; e) in a case where the respondent has neither appeared nor was represented in proceedings in the State of origin i) when the law of the State of origin provides for notice of proceedings, the respondent did not have proper notice of the proceedings and an opportunity to be heard; or ii) when the law of the State of origin does not provide for notice of the proceedings, the respondent did not have proper notice of the decision and an opportunity to challenge or appeal it on fact and law; or f) the decision was made in violation of Article 18.
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ARTICLE 23
Procedure on an Application for Recognition and Enforcement 1 Subject to the provisions of the Convention, the procedures for recognition and enforcement shall be governed by the law of the State addressed. 2 Where an application for recognition and enforcement of a decision has been made through Central Authorities in accordance with Chapter III, the requested Central Authority shall promptly either – a) refer the application to the competent authority which shall without delay declare the decision enforceable or register the decision for enforcement; or b) if it is the competent authority take such steps itself. 3 Where the request is made directly to a competent authority in the State addressed in accordance with Article 19(5), that authority shall without delay declare the decision enforceable or register the decision for enforcement. 4 A declaration or registration may be refused only on the ground set out in Article 22 a). At this stage neither the applicant nor the respondent is entitled to make any submissions. 5 The applicant and the respondent shall be promptly notified of the declaration or registration, made under paragraphs 2 and 3, or the refusal thereof in accordance with paragraph 4, and may bring a challenge or appeal on fact and on a point of law. 6 A challenge or an appeal is to be lodged within 30 days of notification under paragraph 5. If the contesting party is not resident in the Contracting State in which the declaration or registration was made or refused, the challenge or appeal shall be lodged within 60 days of notification. 7 A challenge or appeal may be founded only on the following – a) the grounds for refusing recognition and enforcement set out in Article 22; b) the bases for recognition and enforcement under Article 20; c) the authenticity or integrity of any document transmitted in accordance with Article 25(1) a), b) or d) or (3) b). 8 A challenge or an appeal by a respondent may also be founded on the fulfilment of the debt to the extent that the recognition and enforcement relates to payments that fell due in the past. 9 The applicant and the respondent shall be promptly notified of the decision following the challenge or the appeal. 10 A further appeal, if permitted by the law of the State addressed, shall not have the effect of staying the enforcement of the decision unless there are exceptional circumstances.
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11 In taking any decision on recognition and enforcement, including any appeal, the competent authority shall act expeditiously.
ARTICLE 24
Alternative Procedure on an Application for Recognition and Enforcement 1 Notwithstanding Article 23(2) to (11), a State may declare, in accordance with Article 63, that it will apply the procedure for recognition and enforcement set out in this Article. 2 Where an application for recognition and enforcement of a decision has been made through Central Authorities in accordance with Chapter III, the requested Central Authority shall promptly either – a) refer the application to the competent authority which shall decide on the application for recognition and enforcement; or b) if it is the competent authority, take such a decision itself. 3 A decision on recognition and enforcement shall be given by the competent authority after the respondent has been duly and promptly notified of the proceedings and both parties have been given an adequate opportunity to be heard. 4 The competent authority may review the grounds for refusing recognition and enforcement set out in Article 22 a), c) and d) of its own motion. It may review any grounds listed in Articles 20, 22 and 23(7) c) if raised by the respondent or if concerns relating to those grounds arise from the face of the documents submitted in accordance with Article 25. 5 A refusal of recognition and enforcement may also be founded on the fulfilment of the debt to the extent that the recognition and enforcement relates to payments that fell due in the past. 6 Any appeal, if permitted by the law of the State addressed, shall not have the effect of staying the enforcement of the decision unless there are exceptional circumstances. 7 In taking any decision on recognition and enforcement, including any appeal, the competent authority shall act expeditiously.
ARTICLE 25
Documents 1 An application for recognition and enforcement under Article 23 or Article 24 shall be accompanied by the following a) a complete text of the decision; b) a document stating that the decision is enforceable in the State of origin and, in the case of a decision by an administrative authority, a document stating that the requirements of Article 19(3) are met unless that State has specified in accordance with Article 57 that decisions of its administrative authorities always meet those requirements;
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c) if the respondent did not appear and was not represented in the proceedings in the State of origin, a document or documents attesting, as appropriate, either that the respondent had proper notice of the proceedings and an opportunity to be heard, or that the respondent had proper notice of the decision and the opportunity to challenge or appeal it on fact and law; d) where necessary, a document showing the amount of any arrears and the date such amount was calculated; e) where necessary, in the case of a decision providing for automatic adjustment by indexation, a document providing the information necessary to make the appropriate calculations; f) where necessary, documentation showing the extent to which the applicant received free legal assistance in the State of origin.
2 Upon a challenge or appeal under Article 23(7) c) or upon request by the competent authority in the State addressed, a complete copy of the document concerned, certified by the competent authority in the State of origin, shall be provided promptly – a) by the Central Authority of the requesting State, where the application has been made in accordance with Chapter III; b) by the applicant, where the request has been made directly to a competent authority of the State addressed. 3 A Contracting State may specify in accordance with Article 57 – a) that a complete copy of the decision certified by the competent authority in the State of origin must accompany the application; b) circumstances in which it will accept, in lieu of a complete text of the decision, an abstract or extract of the decision drawn up by the competent authority of the State of origin, which may be made in the form recommended and published by the Hague Conference on Private International Law; or c) that it does not require a document stating that the requirements of Article 19(3) are met.
ARTICLE 26
Procedure on an Application for Recognition This Chapter shall apply mutatis mutandis to an application for recognition of a decision, save that the requirement of enforceability is replaced by the requirement that the decision has effect in the State of origin.
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ARTICLE 27
Findings of Fact Any competent authority of the State addressed shall be bound by the findings of fact on which the authority of the State of origin based its jurisdiction.
ARTICLE 28
No Review of the Merits There shall be no review by any competent authority of the State addressed of the merits of a decision.
ARTICLE 29
Physical Presence of the Child or the Applicant not Required The physical presence of the child or the applicant shall not be required in any proceedings in the State addressed under this Chapter.
ARTICLE 30
Maintenance Arrangements 1 A maintenance arrangement made in a Contracting State shall be entitled to recognition and enforcement as a decision under this Chapter provided that it is enforceable as a decision in the State of origin. 2 For the purpose of Article 10(1) a) and b) and (2) a), the term “decision” includes a maintenance arrangement. 3 An application for recognition and enforcement of a maintenance arrangement shall be accompanied by the following – a) a complete text of the maintenance arrangement; and b) a document stating that the particular maintenance arrangement is enforceable as a decision in the State of origin.
4 Recognition and enforcement of a maintenance arrangement may be refused if – a) the recognition and enforcement is manifestly incompatible with the public policy of the State addressed; b) the maintenance arrangement was obtained by fraud or falsification; c) the maintenance arrangement is incompatible with a decision rendered between the same parties and having the same purpose, either in the State addressed or in another State, provided that this latter decision fulfils the conditions necessary for its recognition and enforcement in the State addressed. 5 The provisions of this Chapter, with the exception of Articles 20, 22, 23(7) and 25(1) and (3), shall apply mutatis mutandis to the recognition and enforcement of a maintenance arrangement save that –
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a) a declaration or registration in accordance with Article 23(2) and (3) may be refused only on the ground set out in paragraph 4 a); b) a challenge or appeal as referred to in Article 23(6) may be founded only on the following – i) the grounds for refusing recognition and enforcement set out in paragraph 4; ii) the authenticity or integrity of any document transmitted in accordance with paragraph 3; c) as regards the procedure under Article 24(4), the competent authority may review of its own motion the ground for refusing recognition and enforcement set out in paragraph 4 a) of this Article. It may review all grounds listed in paragraph 4 of this Article and the authenticity or integrity of any document transmitted in accordance with paragraph 3 if raised by the respondent or if concerns relating to those grounds arise from the face of those documents. 6 Proceedings for recognition and enforcement of a maintenance arrangement shall be suspended if a challenge concerning the arrangement is pending before a competent authority of a Contracting State. 7 A State may declare, in accordance with Article 63, that applications for recognition and enforcement of a maintenance arrangement shall only be made through Central Authorities. 8 A Contracting State may, in accordance with Article 62, reserve the right not to recognise and enforce a maintenance arrangement.
ARTICLE 31
Decisions Produced by the Combined Effect of Provisional and Confirmation Orders Where a decision is produced by the combined effect of a provisional order made in one State and an order by an authority in another State (“the confirming State”) confirming the provisional order – a) each of those States shall be deemed for the purposes of this Chapter to be a State of origin; b) the requirements of Article 22 e) shall be met if the respondent had proper notice of the proceedings in the confirming State and an opportunity to oppose the confirmation of the provisional order; c) the requirement of Article 20(6) that a decision be enforceable in the State of origin shall be met if the decision is enforceable in the confirming State; and d) Article 18 shall not prevent proceedings for the modification of the decision being commenced in either State.
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CHAPTER VI
Enforcement by the State Addressed ARTICLE 32
Enforcement Under Internal Law 1 Subject to the provisions of this Chapter, enforcement shall take place in accordance with the law of the State addressed. 2 Enforcement shall be prompt. 3 In the case of applications through Central Authorities, where a decision has been declared enforceable or registered for enforcement under Chapter V, enforcement shall proceed without the need for further action by the applicant. 4 Effect shall be given to any rules applicable in the State of origin of the decision relating to the duration of the maintenance obligation. 5 Any limitation on the period for which arrears may be enforced shall be determined either by the law of the State of origin of the decision or by the law of the State addressed, whichever provides for the longer limitation period.
ARTICLE 33
Non-Discrimination The State addressed shall provide at least the same range of enforcement methods for cases under the Convention as are available in domestic cases.
ARTICLE 34
Enforcement Measures 1 Contracting States shall make available in internal law effective measures to enforce decisions under this Convention. 2 Such measures may include – a) wage withholding; b) garnishment from bank accounts and other sources; c) deductions from social security payments; d) lien on or forced sale of property; e) tax refund withholding; f) withholding or attachment of pension benefits; g) credit bureau reporting; h) denial, suspension or revocation of various licenses (for example, driving licenses); i) the use of mediation, conciliation or similar processes to bring about voluntary compliance.
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ARTICLE 35
Transfer of Funds 1 Contracting States are encouraged to promote, including by means of international agreements, the use of the most cost-effective and efficient methods available to transfer funds payable as maintenance. 2 A Contracting State, under whose law the transfer of funds is restricted, shall accord the highest priority to the transfer of funds payable under this Convention.
CHAPTER VII
Public Bodies ARTICLE 36
Public Bodies as Applicants 1 For the purposes of applications for recognition and enforcement under Article 10(1) a) and b) and cases covered by Article 20(4), “creditor” includes a public body acting in place of an individual to whom maintenance is owed or one to which reimbursement is owed for benefits provided in place of maintenance. 2 The right of a public body to act in place of an individual to whom maintenance is owed or to seek reimbursement of benefits provided to the creditor in place of maintenance shall be governed by the law to which the body is subject. 3 A public body may seek recognition or claim enforcement of – a) a decision rendered against a debtor on the application of a public body which claims payment of benefits provided in place of maintenance; b) a decision rendered between a creditor and debtor to the extent of the benefits provided to the creditor in place of maintenance. 4 The public body seeking recognition or claiming enforcement of a decision shall upon request furnish any document necessary to establish its right under paragraph 2 and that benefits have been provided to the creditor.
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CHAPTER VIII
General Provision ARTICLE 37
Direct Requests to Competent Authorities 1 The Convention shall not exclude the possibility of recourse to such procedures as may be available under the internal law of a Contracting State allowing a person (an applicant) to seize directly a competent authority of that State in a matter governed by the Convention including, subject to Article 18, for the purpose of having a maintenance decision established or modified. 2 Articles 14(5) and 17 b) and the provisions of Chapters V, VI, VII and this Chapter, with the exception of Articles 40(2), 42, 43(3), 44(3), 45 and 55, shall apply in relation to a request for recognition and enforcement made directly to a competent authority in a Contracting State. 3 For the purpose of paragraph 2, Article 2(1) a) shall apply to a decision granting maintenance to a vulnerable person over the age specified in that sub-paragraph where such decision was rendered before the person reached that age and provided for maintenance beyond that age by reason of the impairment.
ARTICLE 38
Protection of Personal Data Personal data gathered or transmitted under the Convention shall be used only for the purposes for which they were gathered or transmitted.
ARTICLE 39
Confidentiality Any authority processing information shall ensure its confidentiality in accordance with the law of its State.
ARTICLE 40
Non-Disclosure of Information 1 An authority shall not disclose or confirm information gathered or transmitted in application of this Convention if it determines that to do so could jeopardise the health, safety or liberty of a person. 2 A determination to this effect made by one Central Authority shall be taken into account by another Central Authority, in particular in cases of family violence. 3 Nothing in this Article shall impede the gathering and transmitting of information by and between authorities in so
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far as necessary to carry out the obligations under the Convention.
ARTICLE 41
No Legalisation No legalisation or similar formality may be required in the context of this Convention.
ARTICLE 42
Power of Attorney The Central Authority of the requested State may require a power of attorney from the applicant only if it acts on his or her behalf in judicial proceedings or before other authorities, or in order to designate a representative so to act.
ARTICLE 43
Recovery of Costs 1 Recovery of any costs incurred in the application of this Convention shall not take precedence over the recovery of maintenance. 2 A State may recover costs from an unsuccessful party. 3 For the purposes of an application under Article 10(1) b) to recover costs from an unsuccessful party in accordance with paragraph 2, the term “creditor” in Article 10(1) shall include a State. 4 This Article shall be without prejudice to Article 8.
ARTICLE 44
Language Requirements 1 Any application and related documents shall be in the original language, and shall be accompanied by a translation into an official language of the requested State or another language which the requested State has indicated, by way of declaration in accordance with Article 63, it will accept, unless the competent authority of that State dispenses with translation. 2 A Contracting State which has more than one official language and cannot, for reasons of internal law, accept for the whole of its territory documents in one of those languages shall, by declaration in accordance with Article 63, specify the language in which such documents or translations thereof shall be drawn up for submission in the specified parts of its territory. 3 Unless otherwise agreed by the Central Authorities, any other communications between such Authorities shall be in an official language of the requested State or in either English or French. However a Contracting State may, by making a reservation in accordance with Article 62, object to the use of either English or French.
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ARTICLE 45
Means and Costs of Translation 1 In the case of applications under Chapter III, the Central Authorities may agree in an individual case or generally that the translation into an official language of the requested State may be made in the requested State from the original language or from any other agreed language. If there is no agreement and it is not possible for the requesting Central Authority to comply with the requirements of Article 44(1) and (2), then the application and related documents may be transmitted with translation into English or French for further translation into an official language of the requested State. 2 The cost of translation arising from the application of paragraph 1 shall be borne by the requesting State unless otherwise agreed by Central Authorities of the States concerned. 3 Notwithstanding Article 8, the requesting Central Authority may charge an applicant for the costs of translation of an application and related documents, except in so far as those costs may be covered by its system of legal assistance.
ARTICLE 46
Non-Unified Legal Systems Interpretation 1 In relation to a State in which two or more systems of law or sets of rules of law with regard to any matter dealt with in this Convention apply in different territorial units a) any reference to the law or procedure of a State shall be construed as referring, where appropriate, to the law or procedure in force in the relevant territorial unit; b) any reference to a decision established, recognised, recognised and enforced, enforced or modified in that State shall be construed as referring, where appropriate, to a decision established, recognised, recognised and enforced, enforced or modified in the relevant territorial unit; c) any reference to a judicial or administrative authority in that State shall be construed as referring, where appropriate, to a judicial or administrative authority in the relevant territorial unit; d) any reference to competent authorities, public bodies, and other bodies of that State, other than Central Authorities, shall be construed as referring, where appropriate, to those authorised to act in the relevant territorial unit; e) any reference to residence or habitual residence in that State shall be construed as referring, where appropriate, to residence or habitual residence in the relevant territorial unit; f) any reference to location of assets in that State shall be construed as referring, where appropriate, to the location of assets in the relevant territorial unit; g) any reference to a reciprocity arrangement in force in a State shall be construed as referring, where appropriate, to a reciprocity arrangement in force in the relevant territorial unit;
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h) any reference to free legal assistance in that State shall be construed as referring, where appropriate, to free legal assistance in the relevant territorial unit; i) any reference to a maintenance arrangement made in a State shall be construed as referring, where appropriate, to a maintenance arrangement made in the relevant territorial unit; j) any reference to recovery of costs by a State shall be construed as referring, where appropriate, to the recovery of costs by the relevant territorial unit. 2 This Article shall not apply to a Regional Economic Integration Organisation.
ARTICLE 47
Non-Unified Legal Systems – Substantive Rules 1 A Contracting State with two or more territorial units in which different systems of law apply shall not be bound to apply this Convention to situations which involve solely such different territorial units. 2 A competent authority in a territorial unit of a Contracting State with two or more territorial units in which different systems of law apply shall not be bound to recognise or enforce a decision from another Contracting State solely because the decision has been recognised or enforced in another territorial unit of the same Contracting State under this Convention. 3 This Article shall not apply to a Regional Economic Integration Organisation.
ARTICLE 48
Co-ordination with Prior Hague Maintenance Conventions In relations between the Contracting States, this Convention replaces, subject to Article 56(2), the Hague Convention of 2 October 1973 on the Recognition and Enforcement of Decisions Relating to Maintenance Obligations and the Hague Convention of 15 April 1958 concerning the recognition and enforcement of decisions relating to maintenance obligations towards children in so far as their scope of application as between such States coincides with the scope of application of this Convention.
ARTICLE 49
Co-ordination with the 1956 New York Convention In relations between the Contracting States, this Convention replaces the United Nations Convention on the Recovery Abroad of Maintenance of 20 June 1956, in so far as its scope
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of application as between such States coincides with the scope of application of this Convention.
ARTICLE 50
Relationship with Prior Hague Convention on Service of Documents and Taking of Evidence This Convention does not affect the Hague Convention of 1 March 1954 on civil procedure, the Hague Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters and the Hague Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters.
ARTICLE 51
Co-ordination of Instruments and Supplementary Agreements 1 This Convention does not affect any international instrument concluded before this Convention to which Contracting States are Parties and which contains provisions on matters governed by this Convention. 2 Any Contracting State may conclude with one or more Contracting States agreements, which contain provisions on matters governed by the Convention, with a view to improving the application of the Convention between or among themselves, provided that such agreements are consistent with the objects and purpose of the Convention and do not affect, in the relationship of such States with other Contracting States, the application of the provisions of the Convention. The States which have concluded such an agreement shall transmit a copy to the depositary of the Convention. 3 Paragraphs 1 and 2 shall also apply to reciprocity arrangements and to uniform laws based on special ties between the States concerned. 4 This Convention shall not affect the application of instruments of a Regional Economic Integration Organisation that is a Party to this Convention, adopted after the conclusion of the Convention, on matters governed by the Convention provided that such instruments do not affect, in the relationship of Member States of the Regional Economic Integration Organisation with other Contracting States, the application of the provisions of the Convention. As concerns the recognition or enforcement of decisions as between Member States of the Regional Economic Integration Organisation, the Convention shall not affect the rules of the Regional Economic Integration Organisation, whether adopted before or after the conclusion of the Convention.
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ARTICLE 52
Most Effective Rule 1 This Convention shall not prevent the application of an agreement, arrangement or international instrument in force between the requesting State and the requested State, or a reciprocity arrangement in force in the requested State that provides for – a) broader bases for recognition of maintenance decisions, without prejudice to Article 22 f) of the Convention; b) simplified, more expeditious procedures on an application for recognition or recognition and enforcement of maintenance decisions; c) more beneficial legal assistance than that provided for under Articles 14 to 17; or d) procedures permitting an applicant from a requesting State to make a request directly to the Central Authority of the requested State. 2 This Convention shall not prevent the application of a law in force in the requested State that provides for more effective rules as referred to in paragraph 1 a) to c). However, as regards simplified, more expeditious procedures referred to in paragraph 1 b), they must be compatible with the protection offered to the parties under Articles 23 and 24, in particular as regards the rights of the parties to be duly notified of the proceedings and be given adequate opportunity to be heard and as regards the effects of any challenge or appeal.
ARTICLE 53
Uniform Interpretation In the interpretation of this Convention, regard shall be had to its international character and to the need to promote uniformity in its application.
ARTICLE 54
Review of Practical Operation of the Convention 1 The Secretary General of the Hague Conference on Private International Law shall at regular intervals convene a Special Commission in order to review the practical operation of the Convention and to encourage the development of good practices under the Convention. 2 For the purpose of such review, Contracting States shall cooperate with the Permanent Bureau of the Hague Conference on Private International Law in the gathering of information, including statistics and case law, concerning the practical operation of the Convention.
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ARTICLE 55
Amendments of Forms 1 The forms annexed to this Convention may be amended by a decision of a Special Commission convened by the Secretary General of the Hague Conference on Private International Law to which all Contracting States and all Members shall be invited. Notice of the proposal to amend the forms shall be included in the agenda for the meeting. 2 Amendments adopted by the Contracting States present at the Special Commission shall come into force for all Contracting States on the first day of the seventh calendar month after the date of their communication by the depositary to all Contracting States. 3 During the period provided for in paragraph 2 any Contracting State may by notification in writing to the depositary make a reservation, in accordance with Article 62, with respect to the amendment. The State making such reservation shall, until the reservation is withdrawn, be treated as a State not Party to the present Convention with respect to that amendment.
ARTICLE 56
Transitional Provisions 1 The Convention shall apply in every case where – a) a request pursuant to Article 7 or an application pursuant to Chapter III has been received by the Central Authority of the requested State after the Convention has entered into force between the requesting State and the requested State; b) a direct request for recognition and enforcement has been received by the competent authority of the State addressed after the Convention has entered into force between the State of origin and the State addressed. 2 With regard to the recognition and enforcement of decisions between Contracting States to this Convention that are also Parties to either of the Hague Maintenance Conventions mentioned in Article 48, if the conditions for the recognition and enforcement under this Convention prevent the recognition and enforcement of a decision given in the State of origin before the entry into force of this Convention for that State, that would otherwise have been recognised and enforced under the terms of the Convention that was in effect at the time the decision was rendered, the conditions of that Convention shall apply. 3 The State addressed shall not be bound under this Convention to enforce a decision or a maintenance arrangement, in respect of payments falling due prior to the entry into force of the Convention between the State of origin and the State addressed, except for maintenance obligations arising from a parent-child relationship towards a person under the age of 21 years.
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ARTICLE 57
Provision of Information Concerning Laws, Procedures and Services 1 A Contracting State, by the time its instrument of ratification or accession is deposited or a declaration is submitted in accordance with Article 61 of the Convention, shall provide the Permanent Bureau of the Hague Conference on Private International Law with – a) a description of its laws and procedures concerning maintenance obligations; b) a description of the measures it will take to meet the obligations under Article 6; c) a description of how it will provide applicants with effective access to procedures, as required under Article 14; d) a description of its enforcement rules and procedures, including any limitations on enforcement, in particular debtor protection rules and limitation periods; e) any specification referred to in Article 25(1) b) and (3).
2 Contracting States may, in fulfilling their obligations under paragraph 1, utilise a country profile form recommended and published by the Hague Conference on Private International Law. 3 Information shall be kept up to date by the Contracting States.
CHAPTER IX
Final Provisions ARTICLE 58
Signature, Ratification and Accession 1 The Convention shall be open for signature by the States which were Members of the Hague Conference on Private International Law at the time of its Twenty-First Session and by the other States which participated in that Session. 2 It shall be ratified, accepted or approved and the instruments of ratification, acceptance or approval shall be deposited with the Ministry of Foreign Affairs of the Kingdom of the Netherlands, depositary of the Convention. 3 Any other State or Regional Economic Integration Organisation may accede to the Convention after it has entered into force in accordance with Article 60(1). 4 The instrument of accession shall be deposited with the depositary. 5 Such accession shall have effect only as regards the relations between the acceding State and those Contracting States which have not raised an objection to its accession in the 12 months after the date of the notification referred to in Article
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65. Such an objection may also be raised by States at the time when they ratify, accept or approve the Convention after an accession. Any such objection shall be notified to the depositary.
ARTICLE 59
Regional Economic Integration Organisations 1 A Regional Economic Integration Organisation which is constituted solely by sovereign States and has competence over some or all of the matters governed by this Convention may similarly sign, accept, approve or accede to this Convention. The Regional Economic Integration Organisation shall in that case have the rights and obligations of a Contracting State, to the extent that the Organisation has competence over matters governed by the Convention. 2 The Regional Economic Integration Organisation shall, at the time of signature, acceptance, approval or accession, notify the depositary in writing of the matters governed by this Convention in respect of which competence has been transferred to that Organisation by its Member States. The Organisation shall promptly notify the depositary in writing of any changes to its competence as specified in the most recent notice given under this paragraph. 3 At the time of signature, acceptance, approval or accession, a Regional Economic Integration Organisation may declare in accordance with Article 63 that it exercises competence over all the matters governed by this Convention and that the Member States which have transferred competence to the Regional Economic Integration Organisation in respect of the matter in question shall be bound by this Convention by virtue of the signature, acceptance, approval or accession of the Organisation. 4 For the purposes of the entry into force of this Convention, any instrument deposited by a Regional Economic Integration Organisation shall not be counted unless the Regional Economic Integration Organisation makes a declaration in accordance with paragraph 3. 5 Any reference to a “Contracting State” or “State” in this Convention shall apply equally to a Regional Economic Integration Organisation that is a Party to it, where appropriate. In the event that a declaration is made by a Regional Economic Integration Organisation in accordance with paragraph 3, any reference to a “Contracting State” or “State” in this Convention shall apply equally to the relevant Member States of the Organisation, where appropriate.
ARTICLE 60
Entry into Force 1 The Convention shall enter into force on the first day of the month following the expiration of three months after the deposit of the second instrument of ratification, acceptance or approval referred to in Article 58.
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2 Thereafter the Convention shall enter into force – a) for each State or Regional Economic Integration Organisation referred to in Article 59(1) subsequently ratifying, accepting or approving it, on the first day of the month following the expiration of three months after the deposit of its instrument of ratification, acceptance or approval; b) for each State or Regional Economic Integration Organisation referred to in Article 58(3) on the day after the end of the period during which objections may be raised in accordance with Article 58(5); c) for a territorial unit to which the Convention has been extended in accordance with Article 61, on the first day of the month following the expiration of three months after the notification referred to in that Article.
ARTICLE 61
Declarations with Respect to NonUnified Legal Systems 1 If a State has two or more territorial units in which different systems of law are applicable in relation to matters dealt with in the Convention, it may at the time of signature, ratification, acceptance, approval or accession declare in accordance with Article 63 that this Convention shall extend to all its territorial units or only to one or more of them and may modify this declaration by submitting another declaration at any time. 2 Any such declaration shall be notified to the depositary and shall state expressly the territorial units to which the Convention applies. 3 If a State makes no declaration under this Article, the Convention shall extend to all territorial units of that State. 4 This Article shall not apply to a Regional Economic Integration Organisation.
ARTICLE 62
Reservations 1 Any Contracting State may, not later than the time of ratification, acceptance, approval or accession, or at the time of making a declaration in terms of Article 61, make one or more of the reservations provided for in Articles 2(2), 20(2), 30(8), 44(3) and 55(3). No other reservation shall be permitted. 2 Any State may at any time withdraw a reservation it has made. The withdrawal shall be notified to the depositary. 3 The reservation shall cease to have effect on the first day of the third calendar month after the notification referred to in paragraph 2. 4 Reservations under this Article shall have no reciprocal effect with the exception of the reservation provided for in Article 2(2).
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ARTICLE 63
Declarations 1 Declarations referred to in Articles 2(3), 11(1) g), 16(1), 24(1), 30(7), 44(1) and (2), 59(3) and 61(1), may be made upon signature, ratification, acceptance, approval or accession or at any time thereafter, and may be modified or withdrawn at any time. 2 Declarations, modifications and withdrawals shall be notified to the depositary. 3 A declaration made at the time of signature, ratification, acceptance, approval or accession shall take effect simultaneously with the entry into force of this Convention for the State concerned. 4 A declaration made at a subsequent time, and any modification or withdrawal of a declaration, shall take effect on the first day of the month following the expiration of three months after the date on which the notification is received by the depositary.
ARTICLE 64
Denunciation 1 A Contracting State to the Convention may denounce it by a notification in writing addressed to the depositary. The denunciation may be limited to certain territorial units of a multi-unit State to which the Convention applies. 2 The denunciation shall take effect on the first day of the month following the expiration of 12 months after the date on which the notification is received by the depositary. Where a longer period for the denunciation to take effect is specified in the notification, the denunciation shall take effect upon the expiration of such longer period after the date on which the notification is received by the depositary.
ARTICLE 65
Notification The depositary shall notify the Members of the Hague Conference on Private International Law, and other States and Regional Economic Integration Organisations which have signed, ratified, accepted, approved or acceded in accordance with Articles 58 and 59 of the following – a) the signatures, ratifications, acceptances and approvals referred to in Articles 58 and 59; b) the accessions and objections raised to accessions referred to in Articles 58(3) and (5) and 59; c) the date on which the Convention enters into force in accordance with Article 60; d) the declarations referred to in Articles 2(3), 11(1) g), 16(1), 24(1), 30(7), 44(1) and (2), 59(3) and 61(1); e) the agreements referred to in Article 51(2); f) the reservations referred to in Articles 2(2), 20(2), 30(8), 44(3) and 55(3), and the withdrawals referred to in Article 62(2);
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g) the denunciations referred to in Article 64. IN WITNESS WHEREOF the undersigned, being duly authorised thereto, have signed this Convention. DONE at The Hague, on the 23rd day of November 2007, in the English and French languages, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Government of the Kingdom of the Netherlands, and of which a certified copy shall be sent, through diplomatic channels, to each of the Members of the Hague Conference on Private International Law at the date of its Twenty-First Session and to each of the other States which have participated in that Session. Certified true copy of the original The Director of Treaties of the Ministry of Foreign Affairs of the Kingdom of the Netherlands
ANN
Transmittal form u CONFIDENTIALITY AND PERSONAL DATA PROTECTION NOTICE
Personal data gathered or transmitted under the Convention shall be ted. Any authority processing such data shall ensure its confidentiali
An authority shall not disclose or confirm information gathered or tr do so could jeopardise the health, safety or liberty of a person in acc
A determination of non-disclosure has been made by a Central Auth 1. a. b. c. d. e. 3.
Requesting Central Authority Address Telephone number Fax number E-mail Reference number Requested Central Authority Address
4. 5.
Particulars of the applicant a. Family name(s): b.
Given name(s):
c.
Date of birth
or a.
Name of the public body:
Particulars of the person(s) for whom maintenance is sought o a. □ The person is the same as the applicant named in b. i. Family name(s): Given name(s): Date of birth: ii.
Family name(s): Given name(s):
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Date of birth: iii.
Family name(s): Given name(s): Date of birth:
6. Particulars of the debtor1 a. □ b. Family name(s): c.
Given name(s):
d.
Date of birth:
The person is the same
According to Art. 3 of the Convention ““debtor” means an individu
7. This transmittal form concerns and is accompanied by an app □ Article 10(1) a) □ Article 10(1) b) □ Article 10(1) c) □ Article 10(1) d) □ Article 10(1) e) □ Article 10(1) f) □ Article 10(2) a) □ Article 10(2) b) □ Article 10(2) c)
8. The following documents are appended to the application: a. For the purpose of an application under Article 10(1) a) and In accordance with Article 25: □ Complete text of the decision (Art. 25(1) a)) □ Abstract or extract of the decision drawn up by the co □ Document stating that the decision is enforceable in t administrative authority, a document stating that the specified in accordance with Article 57 that decisions (Art. 25(1) b)) or if Article 25(3) c) is applicable □ If the respondent did not appear and was not represen documents attesting, as appropriate, either that the re to be heard, or that the respondent had proper notice fact and law (Art. 25(1) c)) □ Where necessary, a document showing the amount o d)) □ Where necessary, a document providing the informat providing for automatic adjustment by indexation (Ar □ Where necessary, documentation showing the extent origin (Art. 25(1) f)) In accordance with Article 30(3): □ Complete text of the maintenance arrangement (Art. 3 □ A document stating that the particular maintenance a 30(3) b)) □
b.
Any other documents accompanying the application (
For the purpose of an application under Article 10(1) b), c), documents (excluding the transmittal form and the applica □ Article 10(1) b) □ Article 10(1) c) □ Article 10(1) d) □ Article 10(1) e) □ Article 10(1) f) □ Article 10(2) a)
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□ □
Article 10(2) b) Article 10(2) c)
Name: Authorised representative of the Central Authority
(in block lette
ANN
Acknowledgement for
CONFIDENTIALITY AND PERSON
Personal data gathered or transmitted under the Convention shall be ted. Any authority processing such data shall ensure its confidentiali
An authority shall not disclose or confirm information gathered or tr do so could jeopardise the health, safety or liberty of a person in acc
A determination of non-disclosure has been made by a Central Auth 1. a. b. c. d. e. 3.
Requested Central Authority Address Telephone number Fax number E-mail Reference number Requested Central Authority Contact person Address
4. The requested Central Authority acknowledges receipt on from the requesting Central Authority (reference number (dd/mm/yyyy) concerning the following application under: □ Article 10(1) a) □ Article 10(1) b) □ Article 10(1) c) □ Article 10(1) d) □ Article 10(1) e) □ Article 10(1) f) □ Article 10(2) a) □ Article 10(2) b) □ Article 10(2) c)
Family name(s) of applicant: Family name(s) of the person(s) for whom maintenance is sou payable:
Family name(s) of debtor: 5. Initial steps taken by the requested Central Authority: □ The file is complete and is under consideration □ See attached status of application report □ Status of application report will follow
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□
Please provide the following additional information and / or
□
The requested Central Authority refuses to process this app are not fulfilled (Art. 12(8)). The reasons: □ are set out in an attached document □ will be set out in a document to follow
The requested Central Authority requests that the requesting Centra Name: Authorised representative of the Central Authority
(in block lette
ANNE
Formulaire de transmission
AVIS DE CONFIDENTIALITÉ ET DE PROTECTIO
Les données à caractère personnel recueillies ou transmises en appl lesquelles elles ont été recueillies ou transmises. Toute autorité trait la loi de son État.
Une autorité ne peut divulguer ou confirmer des renseignements rec juge que ce faisant la santé, la sécurité ou la liberté d’une personne
Une décision de non-divulgation a été prise par une Autorité central 1. a. b. c. d. e.
Autorité centrale requérante Adresse Numéro de téléphone Numéro de télécopie Courriel Numéro de référence
3. Autorité centrale requise Adresse
4. 5.
Renseignements à caractère personnel concernant le dema a. Nom(s) de famille : b.
Prénom(s) :
c.
Date de naissance :
ou a.
Nom de l’organisme public :
Renseignements à caractère personnel concernant la (les) pers a. □ La personne est la même que le demandeur identi b. i. Nom(s) de famille : Prénom(s) : Date de naissance : ii.
Nom(s) de famille : Prénom(s) : Date de naissance :
iii.
Nom(s) de famille : Prénom(s) :
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Date de naissance : 6.
Renseignements à caractère personnel concernant le débite a. □ La personne est la mêm b. Nom(s) de famille : c.
Prénom(s) :
s.
Date de naissance :
En vertu de l’art. 3 de la Convention, « débiteur signifie une person
7. Ce formulaire de transmission concerne et est accompagné d □ l’article 10(1) a) □ l’article 10(1) b) □ l’article 10(1) c) □ l’article 10(1) d) □ l’article 10(1) e) □ l’article 10(1) f) □ l’article 10(2) a) □ l’article 10(2) b) □ l’article 10(2) c)
8. Les documents suivants sont annexés à la demande : a. Aux fins d’une demande en vertu de l’article 10(1) a) et : Conformément à l’article 25 : □ Texte complet de la décision (art. 25(1) a)) □ Résumé ou extrait de la décision établi par l’autorité c □ Document établissant que la décision est exécutoire d administrative, un document établissant que les exige n’ait précisé conformément à l’article 57 que les décis ces conditions (art. 25(1) b) ou lorsque l’article 25(3) c □ Si le défendeur n’a ni comparu ni été reprsenté dans l documents attestant, selon de cas, que le défendeur a entendre ou qu’il a été dûment avisé de la décision et en droit (art. 25(1) d)) □ Si nécessaire, le document établissant l’état des arrér d)) □ Si nécessaire, le document contenant les informations d’une décision prévoyant une indexation automatique □ Si nécessaire, le document établissant dans quelle me dans l’État d’origine (art. 25(1) f)) Conformément à l’article 30(3) : □ Texte complet de la convention en matière d’aliments □ Document établissant que la convention en matière d d’origine (art. 30(3) b)) □
b.
Tout autre document accompagnant la demande (par
Aux fins d’une demande en vertu de l’article 10(1) b), c), d) l’exclusion du formulaire de transmission et de la demande □ article 10(1) b) □ article 10(1) c) □ article 10(1) d) □ article 10(1) e) □ article 10(1) f) □ article 10(2) a) □ article 10(2) b) □ article 10(2) c)
Nom :
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(en ma
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Nom du fonctionnaire autorisé de l’Autorité centrale
ANNE
Accusé de réception en
AVIS DE CONFIDENTIALITÉ ET DE PROTECTION DES DONNÉES À C
Les données à caractère personnel recueillies ou transmises en appl lesquelles elles ont été recueillies ou transmises. Toute autorité trait la loi de son État.
Une décision de non-divulgation a été prise par une Autorité central 1. a. b. c. d. e.
Autorité centrale requise Adresse Numéro de téléphone Numéro de télécopie Courriel Numéro de référence
3. Autorité centrale requérante Nom du contact Adresse
4. L’Autorité centrale requise confirme la réception le de l’Autorité centrale requérante (numéro de référence (jj/mm/aaaa) concernant la de □ l’article 10(1) a) □ l’article 10(1) b) □ l’article 10(1) c) □ l’article 10(1) d) □ l’article 10(1) e) □ l’article 10(1) f) □ l’article 10(2) a) □ l’article 10(2) b) □ l’article 10(2) c)
Nom du demandeur : Nom de famille de la (des) personne(s) pour qui des aliments demandés ou dus :
Nom de famille du débiteur :
5. Première démarches entreprises par l’Autorité centrale requise : □ Le dossier est complet et pris en considération □ Voir le rapport sur l’état d’avancement ci-joint □ Un rapport sur l’état d’avancement suivra □ Veuillez fournir ces informations et / ou ces documents supp
□
L’Autorité centrale requise refuse de traiter la demande puis ne sont pas remplies (art. 12(8)). Les raisons : □ sont énumérées dans un document en annexe □ seront énumérées dans un document à suivre
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L’Autorité centrale requise demande à l’Autorité centrale requérante demande. Nom :
(en majuscules)
Nom du fonctionnaire autorisé de l’Autorité centrale
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SCHEDULE 2 (Sections 38 and 39)
SCHEDULE (Section 30)
Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children The States signatory to the present Convention, Considering the need to improve the protection of children in international situations, Wishing to avoid conflicts between their legal systems in respect of jurisdiction, applicable law, recognition and enforcement of measures for the protection of children, Recalling the importance of international co-operation for the protection of children, Confirming that the best interests of the child are to be a primary consideration, Noting that the Convention of 5 October 1961 concerning the powers of authorities and the law applicable in respect of the protection of minors is in need of revision, Desiring to establish common provisions to this effect, taking into account the United Nations Convention on the Rights of the Child of 20 November 1989, Have agreed on the following provisions —
Chapter I – Scope of the Convention ARTICLE 1 1 The objects of the present Convention are – a to determine the State whose authorities have jurisdiction to take measures directed to the protection of the person or property of the child; b to determine which law is to be applied by such authorities in exercising their jurisdiction; c to determine the law applicable to parental responsibility; d to provide for the recognition and enforcement of such measures of protection in all Contracting States;
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e to establish such co-operation between the authorities of the Contracting States as may be necessary in order to achieve the purposes of this Convention. 2 For the purposes of this Convention, the term “parental responsibility” includes parental authority, or any analogous relationship of authority determining the rights, powers and responsibilities of parents, guardians and other legal representatives in relation to the person or the property of the child.
ARTICLE 2 The Convention applies to children from the moment of their birth until they reach the age of 18 years.
ARTICLE 3 The measures referred to in Article 1 may deal in particular with – a the attribution, exercise, termination or restriction of parental responsibility, as well as its delegation; b rights of custody, including rights relating to the care of the person of the child and, in particular, the right to determine the child’s place of residence, as well as rights of access including the right to take a child for a limited period of time to a place other than the child’s habitual residence; c guardianship, curatorship and analogous institutions; d the designation and functions of any person or body having charge of the child’s person or property, representing or assisting the child; e the placement of the child in a foster family or in institutional care, or the provision of care by kafala or an analogous institution; f the supervision by a public authority of the care of a child by any person having charge of the child; g the administration, conservation or disposal of the child’s property.
ARTICLE 4 The Convention does not apply to – a the establishment or contesting of a parent-child relationship; b decisions on adoption, measures preparatory to adoption, or the annulment or revocation of adoption; c the name and forenames of the child; d emancipation; e maintenance obligations; f trusts or succession; g social security; h public measures of a general nature in matters of education or health; i measures taken as a result of penal offences committed by children;
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j decisions on the right of asylum and on immigration.
Chapter II – Jurisdiction ARTICLE 5 1 The judicial or administrative authorities of the Contracting State of the habitual residence of the child have jurisdiction to take measures directed to the protection of the child’s person or property. 2 Subject to Article 7, in case of a change of the child’s habitual residence to another Contracting State, the authorities of the State of the new habitual residence have jurisdiction.
ARTICLE 6 1 For refugee children and children who, due to disturbances occurring in their country, are internationally displaced, the authorities of the Contracting State on the territory of which these children are present as a result of their displacement have the jurisdiction provided for in paragraph 1 of Article 5. 2 The provisions of the preceding paragraph also apply to children whose habitual residence cannot be established.
ARTICLE 7 1 In case of wrongful removal or retention of the child, the authorities of the Contracting State in which the child was habitually resident immediately before the removal or retention keep their jurisdiction until the child has acquired a habitual resident in another State, and a each person, institution or other body having rights of custody has acquiesced in the removal or retention; or b the child has resided in that other State for a period of at least one year after the person, institution or other body having rights of custody has or should have had knowledge of the whereabouts of the child, no request for return lodged within that period is still pending, and the child is settled in his or her new environment.
2 The removal or the retention of a child is to be considered wrongful where a it is in breach of rights of custody attributed to a person, an institution or any other body, either jointly or alone, under the law of the State in which the child was habitually resident immediately before the removal or retention; and b at the time of removal or retention those rights were actually exercised, either jointly or alone, or would have been so exercised but for the removal or retention. The rights of custody mentioned in sub-paragraph a above, may arise in particular by operation of law or by reason of a
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judicial or administrative decision, or by reason of an agreement having legal effect under the law of that State. 3 So long as the authorities first mentioned in paragraph 1 keep their jurisdiction, the authorities of the Contracting State to which the child has been removed or in which he or she has been retained can take only such urgent measures under Article 11 as are necessary for the protection of the person or property of the child.
ARTICLE 8 1 By way of exception, the authority of a Contracting State having jurisdiction under Article 5 or 6, if it considers that the authority of another Contracting State would be better placed in the particular case to assess the best interests of the child, may either – request that other authority, directly or with the assistance of the Central Authority of its State, to assume jurisdiction to take such measures of protection as it considers to be necessary, or – suspend consideration of the case and invite the parties to introduce such a request before the authority of that other State. 2 The Contracting States whose authorities may be addressed as provided in the preceding paragraph are a a State of which the child is a national, b a State in which property of the child is located, c a State whose authorities are seised of an application for divorce or legal separation of the child’s parents, or for annulment of their marriage, d a State with which the child has a substantial connection. 3 The authorities concerned may proceed to an exchange of views. 4 The authority addressed as provided in paragraph 1 may assume jurisdiction, in place of the authority having jurisdiction under Article 5 or 6, if it considers that this is in the child’s best interests.
ARTICLE 9 1 If the authorities of a Contracting State referred to in Article 8, paragraph 2, consider that they are better placed in the particular case to assess the child’s best interests, they may either – request the competent authority of the Contracting State of the habitual residence of the child, directly or with the assistance of the Central Authority of that State, that they be authorized to exercise jurisdiction to take the measures of protection which they consider to be necessary, or – invite the parties to introduce such a request before the authority of the Contracting State of the habitual residence of the child. 2 The authorities concerned may proceed to an exchange of views. 3 The authority initiating the request may exercise jurisdiction in place of the authority of the Contracting State of the
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habitual residence of the child only if the latter authority has accepted the request.
ARTICLE 10 1 Without prejudice to Articles 5 to 9, the authorities of a Contracting State exercising jurisdiction to decide upon an application for divorce or legal separation of the parents of a child habitually resident in another Contracting State, or for annulment of their marriage, may, if the law of their State so provides, take measures directed to the protection of the person or property of such child if a at the time of commencement of the proceedings, one of his or her parents habitually resides in that State and one of them has parental responsibility in relation to the child, and b the jurisdiction of these authorities to take such measures has been accepted by the parents, as well as by any other person who has parental responsibility in relation to the child, and is in the best interests of the child. 2 The jurisdiction provided for by paragraph 1 to take measures for the protection of the child ceases as soon as the decision allowing or refusing the application for divorce, legal separation or annulment of the marriage has become final, or the proceedings have come to an end for another reason.
ARTICLE 11 1 In all cases of urgency, the authorities of any Contracting State in whose territory the child or property belonging to the child is present have jurisdiction to take any necessary measures of protection. 2 The measures taken under the preceding paragraph with regard to a child habitually resident in a Contracting State shall lapse as soon as the authorities which have jurisdiction under Articles 5 to 10 have taken the measures required by the situation. 3 The measures taken under paragraph 1 with regard to a child who is habitually resident in a non-Contracting State shall lapse in each Contracting State as soon as measures required by the situation and taken by the authorities of another State are recognised in the Contracting State in question.
ARTICLE 12 1 Subject to Article 7, the authorities of a Contracting State in whose territory the child or property belonging to the child is present have jurisdiction to take measures of a provisional character for the protection of the person or property of the child which have a territorial effect limited to the State in question, in so far as such measures are not incompatible with measures already taken by authorities which have jurisdiction under Articles 5 to 10. 2 The measures taken under the preceding paragraph with regard to a child habitually resident in a Contracting State shall lapse as soon as the authorities which have jurisdiction under Articles 5 to 10 have taken a decision in respect of the measures of protection which may be required by the situation.
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3 The measures taken under paragraph 1 with regard to a child who is habitually resident in a non-Contracting State shall lapse in the Contracting State where the measures were taken as soon as measures required by the situation and taken by the authorities of another State are recognised in the Contracting State in question.
ARTICLE 13 1 The authorities of a Contracting State which have jurisdiction under Articles 5 to 10 to take measures for the protection of the person or property of the child must abstain from exercising this jurisdiction if, at the time of the commencement of the proceedings, corresponding measures have been requested from the authorities of another Contracting State having jurisdiction under Articles 5 to 10 at the time of the request and are still under consideration. 2 The provisions of the preceding paragraph shall not apply if the authorities before whom the request for measures was initially introduced have declined jurisdiction.
ARTICLE 14 The measures taken in application of Articles 5 to 10 remain in force according to their terms, even if a change of circumstances has eliminated the basis upon which jurisdiction was founded, so long as the authorities which have jurisdiction under the Convention have not modified, replaced or terminated such measures.
Chapter III – Applicable Law ARTICLE 15 1 In exercising their jurisdiction under the provisions of Chapter II, the authorities of the Contracting States shall apply their own law. 2 However, in so far as the protection of the person or the property of the child requires, they may exceptionally apply or take into consideration of the law of another State with which the situation has a substantial connection. 3 If the child’s habitual residence changes to another Contracting State, the law of that other State governs, from the time of the change, the conditions of application of the measures taken in the State of the former habitual residence.
ARTICLE 16 1 The attribution or extinction of parental responsibility by operation of law, without the intervention of a judicial or administrative authority, is governed by the law of the State of the habitual residence of the child. 2 The attribution or extinction of parental responsibility by an agreement or a unilateral act, without intervention of a judicial or administrative authority, is governed by the law of the State of the child’s habitual residence at the time when the agreement or unilateral act takes effect. 3 Parental responsibility which exists under the law of the State of the child’s habitual residence subsists after a change of that habitual residence to another State.
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4 If the child’s habitual residence changes, the attribution of parental responsibility by operation of law to a person who does not already have such responsibility is governed by the law of the State of the new habitual residence.
ARTICLE 17 The exercise of parental responsibility is governed by the law of the State of the child’s habitual residence. If the child’s habitual residence changes, it is governed by the law of the State of the new habitual residence.
ARTICLE 18 The parental responsibility referred to in Article 16 may be terminated, or the conditions of its exercise modified, by measures taken under this Convention.
ARTICLE 19 1 The validity of a transaction entered into between a third party and another person who would be entitled to act as the child’s legal representative under the law of the State where the transaction was concluded cannot be contested, and the third party cannot be held liable, on the sole ground that the other person was not entitled to act as the child’s legal representative under the law designated by the provisions of this Chapter, unless the third party knew or should have known that the parental responsibility was governed by the latter law. 2 The preceding paragraph applies only if the transaction was entered into between persons present on the territory of the same State.
ARTICLE 20 The provisions of this Chapter apply even if the law designated by them is the law of a non-Contracting State.
ARTICLE 21 1 In this Chapter the term “law” means the law in force in a State other than its choice of law rules. 2 However, if the law applicable according to Article 16 is that of a non-Contracting State and if the choice of law rules of that State designate the law of another non-Contracting State which would apply its own law, the law of the latter State applies. If that other non-Contracting State would not apply its own law, the applicable law is that designated by Article 16.
ARTICLE 22 The application of the law designated by the provisions of this Chapter can be refused only if this application would be manifestly contrary to public policy, taking into account the best interests of the child.
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Chapter IV – Recognition and Enforcement ARTICLE 23 1 The measures taken by the authorities of a Contracting State shall be recognised by operation of law in all other Contracting States. 2 Recognition may however be refused – a if the measure was taken by an authority whose jurisdiction was not based on one of the grounds provided for in Chapter II; b if the measure was taken, except in a case of urgency, in the context of a judicial or administrative proceeding, without the child having been provided the opportunity to be heard, in violation of fundamental principles of procedure of the requested State; c on the request of any person claiming that the measure infringes his or her parental responsibility, if such measure was taken, except in a case of urgency, without such person having been given an opportunity to be heard; d if such recognition is manifestly contrary to public policy of the requested State, taking into account the best interests of the child; e if the measure is incompatible with a later measure taken in the non-Contracting State of the habitual residence of the child, where this later measure fulfils the requirements for recognition in the requested State; f if the procedure provided in Article 33 has not been complied with.
ARTICLE 24 Without prejudice to Article 23, paragraph 1, any interested person may request from the competent authorities of a Contracting State that they decide on the recognition or nonrecognition of a measure taken in another Contracting State. The procedure is governed by the law of the requested State.
ARTICLE 25 The authority of the requested State is bound by the findings of fact on which the authority of the State where the measure was taken based its jurisdiction.
ARTICLE 26 1 If measures taken in one Contracting State and enforceable there require enforcement in another Contracting State, they shall, upon request by an interested party, be declared enforceable or registered for the purpose of enforcement in that other State according to the procedure provided in the law of the latter State. 2 Each Contracting State shall apply to the declaration of enforceability or registration a simple and rapid procedure.
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3 The declaration of enforceability or registration may be refused only for one of the reasons set out in Article 23, paragraph 2.
ARTICLE 27 Without prejudice to such review as is necessary in the application of the preceding Articles, there shall be no review of the merits of the measure taken.
ARTICLE 28 Measures taken in one Contracting State and declared enforceable, or registered for the purpose of enforcement, in another Contracting State shall be enforced in the latter State as if they had been taken by the authorities of that State. Enforcement takes place in accordance with the law of the requested State to the extent provided by such law, taking into consideration the best interests of the child.
Chapter V – Co-operation ARTICLE 29 1 A Contracting State shall designate a Central Authority to discharge the duties which are imposed by the Convention on such authorities. 2 Federal States, States with more than one system of law or States having autonomous territorial units shall be free to appoint more than one Central Authority and to specify the territorial or personal extent of their functions. Where a State has appointed more than one Central Authority, it shall designate the Central Authority to which any communication may be addressed for transmission to the appropriate Central Authority within that State.
ARTICLE 30 1 Central Authorities shall co-operate with each other and promote co-operation amongst the competent authorities in their States to achieve the purposes of the Convention. 2 They shall, in connection with the application of the Convention, take appropriate steps to provide information as to the laws of, and services available in, their States relating to the protection of children.
ARTICLE 31 The Central Authority of a Contracting State, either directly or through public authorities or other bodies, shall take all appropriate steps to – (a) faciliate the communications and offer the assistance provided for in Articles 8 and 9 and in this Chapter; (b) facilitate, by mediation, conciliation or similar means, agreed solutions for the protection of the person or property of the child in situations to which the Convention applies; (c) provide, on the request of a competent authority of another Contracting State, assistance in discovering the whereabouts of a child where it appears that the child may
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be present and in need of protection within the territory of the requested State.
ARTICLE 32 On a request made with supporting reasons by the Central Authority or other competent authority of any Contracting State with which the child has a substantial connection, the Central Authority of the Contracting State in which the child is habitually resident and present may, directly or through public authorities or other bodies, a provide a report on the situation of the child; b request the competent authority of its State to consider the need to take measures for the protection of the person or property of the child.
ARTICLE 33 1 If an authority having jurisdiction under Articles 5 to 10 contemplates the placement of the child in a foster family or institutional care, or the provision of care by kafala or an analogous institution, and if such placement or such provision of care is to take place in another Contracting State, it shall first consult with the Central Authority or other competent authority of the latter State. To that effect it shall transmit a report on the child together with the reasons for the proposed placement or provision of care. 2 The decision on the placement or provision of care may be made in the requesting State only if the Central Authority or other competent authority of the requested State has consented to the placement or provision of care, taking into account the child’s best interests.
ARTICLE 34 1 Where a measure of protection is contemplated, the competent authorities under the Convention, if the situation of the child so requires, may request any authority of another Contracting State which has information relevant to the protection of the child to communicate such information. 2 A Contracting State may declare that requests under paragraph 1 shall be communicated to its authorities only through its Central Authority.
ARTICLE 35 1 The competent authorities of a Contracting State may request the authorities of another Contracting State to assist in the implementation of measures of protection taken under this Convention, especially in securing the effective exercise of rights of access as well as of the right to maintain direct contacts on a regular basis. 2 The authorities of a Contracting State in which the child does not habitually reside may, on the request of a parent residing in that State who is seeking to obtain or to maintain access to the child, gather information or evidence and may make a finding on the suitability of that parent to exercise access and on the conditions under which access is to be exercised. An authority exercising jurisdiction under Articles 5 to 10 to determine an application concerning access to the child, shall admit and consider such information, evidence and finding before reaching its decision.
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3 An authority having jurisdiction under Articles 5 to 10 to decide on access may adjourn a proceeding pending the outcome of a request made under paragraph 2, in particular, when it is considering an application to restrict or terminate access rights granted in the State of the child’s former habitual residence. 4 Nothing in this Article shall prevent an authority having jurisdiction under Articles 5 to 10 from taking provisional measures pending the outcome of the request made under paragraph 2.
ARTICLE 36 In any case where the child is exposed to a serious danger, the competent authorities of the Contracting State where measures for the protection of the child have been taken or are under consideration, if they are informed that the child’s residence has changed to, or that the child is present in another State, shall inform the authorities of that other State about the danger involved and the measures taken or under consideration.
ARTICLE 37 An authority shall not request or transmit any information under this Chapter if to do so would, in its opinion, be likely to place the child’s person or property in danger, or constitute a serious threat to the liberty or life of a member of the child’s family.
ARTICLE 38 1 Without prejudice to the possibility of imposing reasonable charges for the provision of services, Central Authorities and other public authorities of Contracting States shall bear their own costs in applying the provisions of this Chapter. 2 Any Contracting State may enter into agreements with one or more other Contracting States concerning the allocation of charges.
ARTICLE 39 Any Contracting State may enter into agreements with one or more other Contracting States with a view to improving the application of this Chapter in their mutual relations. The States which have concluded such an agreement shall transmit a copy to the depositary of the Convention.
Chapter VI – General Provisions ARTICLE 40 1 The authorities of the Contracting State of the child’s habitual residence, or of the Contracting State where a measure of protection has been taken, may deliver to the person having parental responsibility or to the person entrusted with protection of the child’s person or property, at his or her request, a certificate indicating the capacity in which that
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person is entitled to act and the powers conferred upon him or her. 2 The capacity and powers indicated in the certificate are presumed to be vested in that person, in the absence of proof to the contrary. 3 Each Contracting State shall designate the authorities competent to draw up the certificate.
ARTICLE 41 Personal data gathered or transmitted under the Convention shall be used only for the purposes for which they were gathered or transmitted.
ARTICLE 42 The authorities to whom information is transmitted shall ensure its confidentiality, in accordance with the law of their State.
ARTICLE 43 All documents forwarded or delivered under this Convention shall be exempt from legalisation or any analogous formality.
ARTICLE 44 Each Contracting State may designate the authorities to which requests under Articles 8, 9 and 33 are to be addressed.
ARTICLE 45 1 The designations referred to in Articles 29 and 44 shall be communicated to the Permanent Bureau of the Hague Conference on Private International Law. 2 The declaration referred to in Article 34, paragraph 2, shall be made to the depositary of the Convention.
ARTICLE 46 A Contracting State in which different systems of law or sets of rules of law apply to the protection of the child and his or her property shall not be bound to apply the rules of the Convention to conflicts solely between such different systems or sets of rules of law.
ARTICLE 47 In relation to a State in which two or more systems of law or sets of rules of law with regard to any matter dealt with in this Convention apply in different territorial units – 1 any reference to habitual residence in that State shall be construed as referring to habitual residence in a territorial unit; 2 any reference to the presence of the child in that State shall be construed as referring to presence in a territorial unit;
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3 any reference to the location of property of the child in that State shall be construed as referring to location of property of the child in a territorial unit; 4 any reference to the State of which the child is a national shall be construed as referring to the territorial unit designated by the law of that State or, in the absence of relevant rules, to the territorial unit with which the child has the closest connection; 5 any reference to the State whose authorities are seised of an application for divorce or legal separation of the child’s parents, or for annulment of their marriage, shall be construed as referring to the territorial unit whose authorities are seised of such application; 6 any reference to the State with which the child has a substantial connection shall be construed as referring to the territorial unit with which the child has such connection; 7 any reference to the State to which the child has been removed or in which he or she has been retained shall be construed as referring to the relevant territorial unit to which the child has been removed or in which he or she has been retained; 8 any reference to bodies or authorities of that State, other than Central Authorities, shall be construed as referring to those authorised to act in the relevant territorial unit; 9 any reference to the law or procedure or authority of the State in which a measure has been taken shall be construed as referring to the law or procedure or authority of the territorial unit in which such measure was taken; 10 any reference to the law or procedure or authority of the requested State shall be construed as referring to the law or procedure or authority of the territorial unit in which recognition or enforcement is sought.
ARTICLE 48 For the purpose of identifying the applicable law under Chapter III, in relation to a State which comprises two or more territorial units each of which has its own system of law or set of rules of law in respect of matters covered by this Convention, the following rules apply – a if there are rules in force in such a State identifying which territorial unit’s law is applicable, the law of that unit applies; b in the absence of such rules, the law of the relevant territorial unit as defined in Article 47 applies.
ARTICLE 49 For the purpose of identifying the applicable law under Chapter III, in relation to a State which has two or more systems of law or sets of rules of law applicable to different categories of persons in respect of matters covered by this Convention, the following rules apply – a if there are rules in force in such a State identifying which among such laws applies, that law applies; b in the absence of such rules, the law of the system or the set of rules of law with which the child has the closest connection applies.
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ARTICLE 50 This Convention shall not affect the application of the Convention of 25 October 1980 on the Civil Aspects of International Child Abduction, as between Parties to both Conventions. Nothing, however, precludes provisions of this Convention from being invoked for the purposes of obtaining the return of a child who has been wrongfully removed or retained or of organising access rights.
ARTICLE 51 In relations between the Contracting States this Convention replaces the Convention of 5 October 1961 concerning the powers of authorities and the law applicable in respect of the protection of minors, and the Convention governing the guardianship of minors, signed at The Hague 12 June 1902, without prejudice to the recognition of measures taken under the Convention of 5 October 1961 mentioned above.
ARTICLE 52 1 This Convention does not affect any international instrument to which Contracting States are Parties and which contains provisions on matters governed by the Convention, unless a contrary declaration is made by the States Parties to such instrument. 2 This Convention does not affect the possibility for one or more Contracting States to conclude agreements which contain, in respect of children habitually resident in any of the States Parties to such agreements, provisions on matters governed by this Convention. 3 Agreements to be concluded by one or more Contracting States on matters within the scope of this Convention do not affect, in the relationship of such States with other Contracting States, the application of the provisions of this Convention. 4 The preceding paragraphs also apply to uniform laws based on special ties of a regional or other nature between the States concerned.
ARTICLE 53 1 The Convention shall apply to measures only if they are taken in a State after the Convention has entered into force for that State. 2 The Convention shall apply to the recognition and enforcement of measures taken after its entry into force as between the State where the measures have been taken and the requested State.
ARTICLE 54 1 Any communication sent to the Central Authority or to another authority of a Contracting State shall be in the original language, and shall be accompanied by a translation into the official language or one of the official languages of the other State or, where that is not feasible, a translation into French or English. 2 However, a Contracting State may, by making a reservation in accordance with Article 60, object to the use of either French or English, but not both.
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ARTICLE 55 1 A Contracting State may, in accordance with Article 60, a reserve the jurisdiction of its authorities to take measures directed to the protection of property of a child situated on its territory; b reserve the right not to recognize any parental responsibility or measure in so far as it is incompatible with any measure taken by its authorities in relation to that property. 2 The reservation may be restricted to certain categories of property.
ARTICLE 56 The Secretary General of the Hague Conference on Private International Law shall at regular intervals convoke a Special Commission in order to review the practical operation of the Convention.
Chapter VII – Final Clauses ARTICLE 57 1 The Convention shall be open for signature by the States which were Members of the Hague Conference on Private International Law at the time of its Eighteenth Session. 2 It shall be ratified, accepted or approved and the instruments of ratification, acceptance or approval shall be deposited with the Ministry of Foreign Affairs of the Kingdom of the Netherlands, depositary of the Convention.
ARTICLE 58 1 Any other State may accede to the Convention after it has entered into force in accordance with Article 61, paragraph 1. 2 The instrument of accession shall be deposited with the depositary. 3 Such accession shall have effect only as regards the relations between the acceding State and those Contracting States which have not raised an objection to its accession in the six months after the receipt of the notification referred to in subparagraph b of Article 63. Such an objection may also be raised by States at the time when they ratify, accept or approve the Convention after an accession. Any such objection shall be notified to the depositary.
ARTICLE 59 1 If a State has two or more territorial units in which different systems of law are applicable in relation to matters dealt with in this Convention, it may at the time of signature, ratification, acceptance, approval or accession declare that the Convention shall extend to all its territorial units or only to one or more of them and may modify this declaration by submitting another declaration at any time.
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2 Any such declaration shall be notified to the depositary and shall state expressly the territorial units to which the Convention applies. 3 If a State makes no declaration under this Article, the Convention is to extend to all territorial units of that State.
ARTICLE 60 1 Any State may, not later than the time of ratification, acceptance, approval or accession, or at the time of making a declaration in terms of Article 59, make one or both of the reservations provided for in Articles 54, paragraph 2, and 55. No other reservation shall be permitted. 2 Any State may at any time withdraw a reservation it has made. The withdrawal shall be notified to the depositary. 3 The reservation shall cease to have effect on the first day of the third calendar month after the notification referred to in preceding paragraph.
ARTICLE 61 1 The Convention shall enter into force on the first day of the month following the expiration of three months after the deposit of the third instrument of ratification, acceptance or approval referred to in Article 57. 2 Thereafter the Convention shall enter into force – a for each State ratifying, accepting or approving it subsequently, on the first day of the month following the expiration of three months after the deposit of its instrument of ratification, acceptance, approval or accession; b for each State acceding, on the first day of the month following the expiration of three months after the expiration of the period of six months provided in Article 58, paragraph 3; c for a territorial unit to which the Convention has been extended in conformity with Article 59, on the first day of the month following the expiration of three months after the notification referred to in that Article.
ARTICLE 62 1 A State Party to the Convention may denounce it by a notification in writing addressed to the depositary. The denunciation may be limited to certain territorial units to which the Convention applies. 2 The denunciation takes effect on the first day of the month following the expiration of twelve months after the notification is received by the depositary. Where a longer period for the denunciation to take effect is specified in the notification, the denunciation takes effect upon the expiration of such longer period.
ARTICLE 63 The depositary shall notify the States Members of the Hague Conference on Private International Law and the States which have acceded in accordance with Article 58 of the following –
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a the signatures, ratifications, acceptances and approvals referred to in Article 57; b the accessions and objections raised to accessions referred to in Article 58; c the date on which the Convention enters into force in accordance with Article 61; d the declarations referred to in Articles 34, paragraph 2, and 59; e the agreements referred to in Article 39; f the reservations referred to in Articles 54, paragraph 2, and 55 and the withdrawals referred to in Article 60, paragraph 2; g the denunciations referred to in Article 62. IN WITNESS WHEREOF the undersigned, being duly authorised thereto, have signed this Convention. DONE at The Hague, on the 19th day of October 1996, in the English and French languages, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Government of the Kingdom of the Netherlands, and of which a certified copy shall be sent, through diplomatic channels, to each of the States Members of the Hague Conference on Private International Law at the date of its Eighteenth Session. Certified true copy of the original The Director of Treaties of the Ministry of Foreign Affairs of the Kingdom of the Netherlands
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STATUTES OF CANADA 2019
CHAPTER 17
An Act to amend the Criminal Code (bestiality and animal fighting)
ASSENTED TO JUNE 21, 2019 BILL C-84
SUMMARY This enactment amends the Criminal Code to (a) define “bestiality”; (b) expand the scope of the offence of encouraging, aiding or assisting at the fighting or baiting of animals or birds so that the offence (i) includes promoting, arranging, receiving money for or taking part in the fighting or baiting of animals or birds, and (ii) also applies with respect to the training, transporting or breeding of animals or birds for fighting or baiting; and (c) expand the scope of the offence of building, making, maintaining or keeping a cockpit so that the offence applies with respect to any arena for animal fighting.
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64-65-66-67-68 ELIZABETH II
CHAPTER 17
An Act to amend the Criminal Code (bestiality and animal fighting) [Assented to 21st June, 2019] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: R.S., c. C-46
Criminal Code 1 Section 160 of the Criminal Code is amended by adding the following after subsection (3):
Order of prohibition or restitution (4) The court may, in addition to any other sentence that
it may impose under any of subsections (1) to (3), (a) make an order prohibiting the accused from owning, having the custody or control of or residing in the same premises as an animal during any period that the court considers appropriate but, in the case of a second or subsequent offence, for a minimum of five years; and (b) on application of the Attorney General or on its own motion, order that the accused pay to a person or an organization that has taken care of an animal as a result of the commission of the offence the reasonable costs that the person or organization incurred in respect of the animal, if the costs are readily ascertainable.
Breach of order (5) Every person who contravenes an order made under
paragraph (4)(a) is guilty of an offence punishable on summary conviction.
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Application (6) Sections 740 to 741.2 apply, with any modifications
that the circumstances require, to orders made under paragraph (4)(b). Definition of bestiality (7) In this section, bestiality means any contact, for a sexual purpose, with an animal. 2008, c. 12, s. 1
2 Paragraph 445.1(1)(b) of the Act is replaced by
the following: (b) in any manner encourages, aids, promotes, arranges, assists at, receives money for or takes part in (i) the fighting or baiting of animals or birds, or (ii) the training, transporting or breeding of animals or birds for the purposes of subparagraph (i);
2008, c. 12, s. 1
3 (1) Subsection 447(1) of the Act is replaced by the following:
Arena for animal fighting 447 (1) Everyone commits an offence who builds, makes, maintains or keeps an arena for animal fighting on premises that he or she owns or occupies, or allows such an arena to be built, made, maintained or kept on such premises. (2) Subsection 447(3) of the Act is repealed.
4 The definition designated offence in subsection
490.011(1) of the Act is amended by adding the following after subparagraph (a)(vi): (vi.01) subsection 160(1) (bestiality),
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STATUTES OF CANADA 2019
CHAPTER 29
An Act to implement certain provisions of the budget tabled in Parliament on March 19, 2019 and other measures
ASSENTED TO JUNE 21, 2019 BILL C-97
RECOMMENDATION Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act to implement certain provisions of the budget tabled in Parliament on March 19, 2019 and other measures”.
RECOMMENDATION Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the following amendment to Bill C-97, “An Act to implement certain provisions of the budget tabled in Parliament on March 19, 2019 and other measures”. That Bill C-97, in Clause 313, be amended by (a) replacing the section 13 that is set out in it with the following: 13 There is to be a Federal Housing Advocate whose mandate is to (a) monitor the implementation of the housing policy and assess its impact on persons who are members of vulnerable groups, persons with lived experience of housing need and persons with lived experience of homelessness; (b) monitor progress in meeting the goals and timelines — and in achieving the desired outcomes — set out in the National Housing Strategy; (c) analyze and conduct research, as the Advocate sees fit, on systemic housing issues, including barriers faced by persons referred to in paragraph (a); (d) initiate studies, as the Advocate sees fit, into economic, institutional or industry conditions — respecting matters over which Parliament has jurisdiction — that affect the housing system; (e) consult with persons referred to in paragraph (a) and civil society organizations with respect to systemic housing issues; (f) receive submissions with respect to systemic housing issues; (g) provide advice to the Minister; (h) submit a report to the Minister on the Advocate’s findings and any recommendations to take measures respecting matters over which Parliament has jurisdiction, to further the housing policy, including the progressive realization of the right to adequate housing, and the National Housing Strategy; and (i) participate in the work of the National Housing Council as an ex officio member.
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13.1 (1) The Federal Housing Advocate may conduct a review of any systemic housing issue that is raised in a submission received under paragraph 13(f). (2) The Federal Housing Advocate may request that the National Housing Council establish a review panel to hold a hearing to review any systemic housing issue within the jurisdiction of Parliament that is raised in a submission received under paragraph 13(f). (3) The Federal Housing Advocate must inform the person or group that presented the submission whether or not any action will be taken under subsection (1) or (2). (4) If the Federal Housing Advocate conducts a review of the systemic housing issue, he or she must, at the conclusion of the review, provide the Minister and the person or group that presented the submission with a report setting out the Advocate’s opinion on the issue and any recommendation to take measures — respecting matters over which Parliament has jurisdiction — to further the housing policy, including the progressive realization of the right to adequate housing, or the National Housing Strategy. 13.2 (1) If the Federal Housing Advocate, at any time, identifies a systemic housing issue that is within the jurisdiction of Parliament and that is not the subject of a submission, he or she may request that the National Housing Council establish a review panel to hold a hearing to review the issue. (2) The Federal Housing Advocate must provide a review panel with a summary of the information that formed the Advocate’s basis for identifying the systemic housing issue. (b) adding, after the section 16 that is set out in it, the following: 16.1 The National Housing Council must establish a review panel if requested to do so by the Federal Housing Advocate. 16.2 (1) A review panel is to consist of three members of the National Housing Council, other than ex officio members, to be appointed by the National Housing Council. (2) In appointing members to a review panel, the National Housing Council is to take into consideration the importance of representation on the review panel of (a) persons who are members of vulnerable groups; (b) persons with lived experience of housing need, as well as those with lived experience of homelessness; and (c) persons who have expertise in human rights. 16.3 A review panel must (a) hold a hearing to review the systemic housing issue in respect of which it was established; (b) hold the hearing in a manner that offers the public, particularly members of communities that are affected by the issue and groups that have expertise in human rights and housing, an opportunity to participate; (c) prepare a report that sets out the panel’s opinion on the issue and any recommendation to take measures — respecting matters over which Parliament has jurisdiction — to address the issue; and (d) submit the report to the Minister. 16.4 The Federal Housing Advocate is entitled to make representations and present proposals for recommendations to a
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review panel and may, for the purpose of doing so, work with communities that are affected by the issue that is before the review panel and with experts. (c) adding, after the section 17 that is set out in it, the following: 17.1 The Minister must respond to each report provided by the Federal Housing Advocate under paragraph 13(h) and subsection 13.1(4) within 120 days after the day on which it is received. 17.2 (1) The Minister must respond to a report submitted by a review panel under paragraph 16.3(d) within 120 days after the day on which it is received. (2) The Minister must cause the response to be laid before each House of Parliament on any of the first 30 days after the day on which it is provided to the review panel or, if either House is not sitting on the last day of that period, on any of the first 15 days on which that House of Parliament is sitting.
SUMMARY Part 1 implements certain income tax and related measures by (a) providing a temporary enhanced first-year capital cost allowance rate of 100% in respect of eligible zero-emission vehicles; (b) removing the requirement that property be of “national importance” in order to qualify for the enhanced tax incentives for donations of cultural property; (c) providing a temporary enhanced first-year capital cost allowance rate in respect of a wide range of depreciable capital properties, including a temporary first-year capital cost allowance rate of 100% in respect of (i) machinery and equipment used for the manufacturing or processing of goods, and (ii) specified clean energy equipment; (d) ensuring that social assistance payments under certain programs are non-taxable, are not included in income for the purposes of determining entitlement to income-tested benefits and credits and do not preclude an individual from being considered a “parent” for the purposes of the Canada Workers Benefit; (e) repealing the use of taxable income as a factor in determining a Canadian-controlled private corporation’s annual expenditure limit for the purpose of the enhanced scientific research and experimental development tax credit; (f) providing support for Canadian journalism; (g) introducing the Canada Training Credit; (h) amending the Income Tax Act to reflect the current regulations for accessing cannabis for medical purposes; (i) eliminating the requirement that sales be to a farming or fishing cooperative corporation in order to be excluded from specified corporate income for the purposes of the small business deduction; (j) extending the mineral exploration tax credit for an additional five years; (k) ensuring that business income of a communal organization retains its character when it is allocated to members of the communal organization for tax purposes; (l) increasing the withdrawal limit under the Home Buyers’ Plan and amending how it applies on the breakdown of a marriage or common-law partnership;
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(m) extending joint and several liability for tax owing on income from carrying on business in a TFSA to the TFSA’s holder and limiting the TFSA issuer’s liability for such tax; (n) supporting employees who must reimburse a salary overpayment to their employer due to a system, administrative or clerical error; (o) expanding tax support for electric vehicle charging stations and electrical energy storage equipment; (p) allowing joint projects of producers from Canada and Belgium to qualify for the Canadian film or video production tax credit; and (q) ensuring appropriate pension adjustment calculations in 2019 and subsequent tax years for registered pension plans that reference the enhanced Canada Pension Plan.
Part 2 implements certain goods and services tax/harmonized sales tax (GST/HST) measures proposed in the March 19, 2019 budget (a) to provide GST/HST relief in the health care sector by relieving the GST/HST on supplies and importations of human ova and importations of in vitro embryos, by adding licenced podiatrists and chiropodists to the list of practitioners on whose order supplies of foot care devices are zero-rated and by exempting from the GST/HST certain health care services rendered by a multidisciplinary team of licenced health care professionals; and (b) by introducing amendments to ensure that the GST/HST treatment of expenses incurred in respect of zero-emission passenger vehicles parallels the income tax treatment of those vehicles. Part 3 implements certain excise measures proposed in the March 19, 2019 budget by changing the federal excise duty rates on cannabis products that are edible cannabis, cannabis extracts (including cannabis oils) and cannabis topicals to $0.0025 per milligram of total tetrahydrocannabinol contained in the cannabis product. Part 4 enacts and amends several Acts in order to implement various measures. Subdivision A of Division 1 of Part 4 amends the Bank Act to, among other things, provide members of federal credit unions with different methods of voting prior to meetings and provide additional exceptions to the requirement that a proxy circular be sent in order to solicit proxies. The Subdivision also makes a technical amendment to An Act to amend certain Acts in relation to financial institutions. Subdivision B of Division 1 of Part 4 amends the Canadian Payments Act to allow the term of the elected directors of the Board of Directors of the Canadian Payments Association to be renewed twice, to extend the term of the Chairperson and Deputy Chairperson of that Board and to allow the remuneration of certain members of the Stakeholder Advisory Council.
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Subdivision A of Division 2 of Part 4 amends the Canada Business Corporations Act to require a corporation, on request by an investigative body that has reasonable grounds to suspect that certain offences have been committed, to provide to the investigative body a copy of its register of individuals with significant control or information in that registry that is specified by the investigative body. It also requires those investigative bodies to keep certain records in relation to their requests and to report annually in respect of those requests. Subdivision B of Division 2 of Part 4 amends the Criminal Code to add the element of recklessness to the offence of laundering proceeds of crime. Subdivision C of Division 2 of Part 4 amends the Proceeds of Crime (Money Laundering) and Terrorist Financing Act to, among other things, (a) allow the Governor in Council to make regulations defining “virtual currency” and “dealing in virtual currencies”; (b) require the Financial Transactions and Reports Analysis Centre of Canada (“the Centre”) to disclose information to the Agence du Revenu du Québec and the Competition Bureau in certain circumstances; (c) allow the Centre to disclose additional designated information that is associated with the import and export of currency and monetary instruments; (d) provide that certain information must not be the subject of a confidentiality order made in the course of an appeal to the Federal Court; and (e) require the Centre to make public certain information if a person or entity is deemed to have committed a violation or is served a notice of a decision of the Director indicating that a person or entity has committed a violation. Subdivision D of Division 2 of Part 4 amends the Seized Property Management Act to authorize the Minister to, among other things, (a) provide consultative and other services to any person employed in the federal public administration or by a provincial or municipal authority in relation to the seizure, restraint, custody, management, forfeiture or disposal of certain property; (b) manage property seized, restrained or forfeited under any Act of Parliament or of the legislature of a province; and (c) dispose of property when it is forfeited to Her Majesty in right of Canada and, with the consent of the government of the province, when it is forfeited to Her Majesty in right of a province, and share the proceeds.
The Subdivision also makes consequential amendments to the Criminal Code, the Crimes Against Humanity and War Crimes Act and the Proceeds of Crime (Money Laundering) and Terrorist Financing Act. Division 3 of Part 4 amends the Employment Equity Act to require federally regulated private-sector employers to report salary information that supports employment equity reporting beyond salary ranges, including making wage gap information by occupational groups more evident.
Division 4 of Part 4 authorizes payments to be made out of the Consolidated Revenue Fund for climate action support and in
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relation to infrastructure as well as to the Federation of Canadian Municipalities and to the Shock Trauma Air Rescue Service. Division 5 of Part 4 amends the Bankruptcy and Insolvency Act to, among other things, (a) require all parties in a proceeding under the Act to act in good faith; and (b) allow the court to inquire into certain payments made to, among other persons, directors or officers of a corporation in the year preceding insolvency and imposes liability on the directors for those payments.
The Division amends the Companies’ Creditors Arrangement Act to, among other things, (a) limit the relief provided in an order made under section 11 to what is reasonably necessary and limit the period staying all proceedings that might be taken in respect of the company to 10 days; (b) allow the court to make an order to disclose an economic interest in respect of a debtor company; and (c) require all parties in a proceeding under the Act to act in good faith. The Division also amends the Canada Business Corporations Act to, among other things, (a) set out factors that directors and officers of a corporation may consider when acting with a view to the best interests of that corporation; and (b) require directors of certain corporations to disclose certain information to shareholders respecting diversity, well-being and remuneration. Finally, the Division amends the Pension Benefits Standards Act, 1985 to clarify that a pension plan is not to provide that, among other things, a member’s pension benefit or entitlement to a pension benefit is affected when a plan terminates. It also authorizes a pension plan administrator to purchase an immediate or deferred life annuity for former members or survivors in order to satisfy an obligation under the plan to provide a pension benefit arising from a defined benefit provision.
Division 6 of Part 4 amends the Canada Pension Plan to authorize the Minister of Employment and Social Development to waive the requirement for an application for a retirement pension in certain cases. Division 7 of Part 4 amends the Old Age Security Act to provide, starting in July 2020, a new income exemption for the purposes of calculating the Guaranteed Income Supplement. The new exemption excludes the first $5,000 of a person’s employment and self-employment income as well as 50% of their employment and self-employment income greater than $5,000 but not exceeding $15,000. Division 8 of Part 4 amends the Canadian Forces Superannuation Act, the Public Service Superannuation Act and the Royal Canadian Mounted Police Superannuation Act to increase the surplus limit that applies to the Canadian Forces Pension Fund, the Public Service Pension Fund and the Royal Canadian Mounted Police Pension Fund, respectively, to 25% of the amount of liabilities.
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Subdivision A of Division 9 of Part 4 amends the Bankruptcy and Insolvency Act to permit trustee licensing fees to be paid on a date to be prescribed by regulation and to permit trustees to maintain electronic records instead of retaining original documents. Subdivision B of Division 9 of Part 4 amends the Electricity and Gas Inspection Act to allow for the addition, by regulation, of units of measurement for electricity and gas sales and distribution. Subdivision C of Division 9 of Part 4 amends the Food and Drugs Act to improve safety and enable innovation by introducing measures to, among other things, (a) allow the Minister of Health to classify certain products exclusively as foods, drugs, cosmetics or devices; (b) provide oversight over the conduct of clinical trials for drugs, devices and certain foods for special dietary purposes; (c) provide a regulatory framework for advanced therapeutic products; and (d) modernize inspection powers.
Subdivision D of Division 9 of Part 4 amends the Importation of Intoxicating Liquors Act to limit the application of the Act to intoxicating liquors imported into Canada. Subdivision E of Division 9 of Part 4 amends the Precious Metals Marking Act to provide that exemptions made by regulation can be either conditional or unconditional. Subdivision F of Division 9 of Part 4 amends the Textile Labelling Act to provide that exemptions made by regulation can be either conditional or unconditional. Subdivision G of Division 9 of Part 4 amends the Weights and Measures Act to authorize, by regulation, the use of new units of measurement and to update the definitions of the basic units of measurement in accordance with international standards. Subdivision H of Division 9 of Part 4 amends the Hazardous Materials Information Review Act to streamline the process for reviewing claims for exemption, to allow for the suspension and cancellation of exemptions and to harmonize the provisions of the Act that allow for the disclosure of confidential business information with similar provisions in other Department of Health Acts. Subdivision I of Division 9 of Part 4 amends the Canada Transportation Act to authorize the electronic administration and enforcement of Acts under the Minister of Transport’s authority and to promote innovation in transportation by authorizing the granting of exemptions for the purpose of research, development and testing. Subdivision J of Division 9 of Part 4 amends the Pest Control Products Act to, among other things, allow the Minister of Health to (a) expand the scope of a re-evaluation of, or a special review in relation to, a pest control product rather than initiating a new special review; and (b) decide not to initiate a special review if the aspect of a pest control product that would otherwise prompt such a review is being, or has been, addressed in a re-evaluation or another special review.
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Subdivision K of Division 9 of Part 4 repeals the provisions of the Quarantine Act that relate to the laying of proposed regulations before Parliament. Subdivision L of Division 9 of Part 4 repeals the provisions of the Human Pathogens and Toxins Act that relate to the laying of proposed regulations before Parliament. Division 10 of Part 4 amends the Royal Canadian Mounted Police Act to establish the Management Advisory Board, which is to provide advice to the Commissioner of the Royal Canadian Mounted Police on the administration and management of that police force. Division 11 of Part 4 amends the Pilotage Act to, among other things, (a) set out a clear purpose and principles for that Act; (b) transfer the responsibility for making regulations from the Pilotage Authorities, with the approval of the Governor in Council, to the Governor in Council, on the recommendation of the Minister of Transport; (c) transfer responsibility for enforcing that Act and issuing and charging for licences and certificates from the Pilotage Authorities to the Minister of Transport; (d) set out an enforcement regime that is consistent with other Department of Transport Acts; (e) provide that regulatory matters for the safe provision of compulsory pilotage services not be addressed in service contracts between the Pilotage Authorities and pilot corporations; (f) allow the Pilotage Authorities to impose charges other than by making regulations; (g) require that service contracts between pilot corporations and the Pilotage Authorities be publicly available; and (h) prohibit pilots, or users or suppliers of pilotage services, from sitting on the board of directors of a Pilotage Authority.
The Division also makes consequential amendments to the Arctic Waters Pollution Prevention Act and the Transportation Appeal Tribunal of Canada Act. Division 12 of Part 4 enacts the Security Screening Services Commercialization Act. That Act, among other things, (a) authorizes the Governor in Council to designate a body corporate incorporated under the Canada Not-for-profit Corporations Act as the designated screening authority, which is to be solely responsible for providing aviation security screening services; (b) authorizes the Canadian Air Transport Security Authority to sell or otherwise dispose of its assets and liabilities to the designated screening authority; (c) regulates the establishment, imposition and collection of charges related to the provision of aviation security screening services; and (d) provides for the dissolution of the Canadian Air Transport Security Authority. The Division also makes consequential amendments to other Acts.
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Division 13 of Part 4 amends the Aviation Industry Indemnity Act to authorize the Minister of Transport to undertake to indemnify (a) NAV CANADA for acts or omissions it commits in accordance with an instruction given under an agreement entered into between NAV CANADA and Her Majesty respecting the provision of air navigation services to the Department of National Defence; and (b) any beneficiary under an insurance policy held by an aviation industry participant. Division 14 of Part 4 amends the Transportation Appeal Tribunal of Canada Act to clarify that the Transportation Appeal Tribunal of Canada has jurisdiction in respect of reviews and appeals in connection with administrative monetary penalties provided for under the Marine Liability Act. Division 15 of Part 4 enacts the College of Immigration and Citizenship Consultants Act. That Act creates a new self-regulatory regime governing immigration and citizenship consultants. It provides that the purpose of the College of Immigration and Citizenship Consultants is to regulate immigration and citizenship consultants in the public interest and protect the public. That Act, among other things, (a) creates a licensing regime for immigration and citizenship consultants and requires that licensees comply with a code of professional conduct, initially established by the responsible Minister; (b) authorizes the College’s Complaints Committee to conduct investigations into a licensee’s conduct and activities; (c) authorizes the College’s Discipline Committee to take or require action if it determines that a licensee has committed professional misconduct or was incompetent; (d) prohibits persons who are not licensees from using certain titles and representing themselves to be licensees and provides that the College may seek an injunction for the contravention of those prohibitions; (e) provides the responsible Minister with the authority to determine the number of directors on the board of directors and to require the Board to do anything that is advisable to carry out the purposes of that Act; and (f) contains transitional provisions allowing the existing regulator — the Immigration Consultants of Canada Regulatory Council — to be continued as the College of Immigration and Citizenship Consultants or, if the existing regulator is not continued, allowing the establishment of the College of Immigration and Citizenship Consultants, a new corporation without share capital.
The Division also makes related amendments to the Citizenship Act and the Immigration and Refugee Protection Act to double the existing maximum fines applicable to the offence of contravening section 21.1 of the Citizenship Act or section 91 of the Immigration and Refugee Protection Act. In addition, it amends those Acts to provide the authority to make regulations establishing a system of administrative penalties and consequences, including of administrative monetary penalties, applicable to certain violations by persons who provide representation or advice for consideration — or offer to do so — in immigration or citizenship matters. Finally, the Division makes consequential amendments to the Access to Information Act and the Privacy Act.
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Division 16 of Part 4 amends the Immigration and Refugee Protection Act to (a) introduce a new ground of ineligibility for refugee protection if a claimant has previously made a claim for refugee protection in another country; (b) provide that if the Federal Court refuses a person’s application for leave to commence an application for judicial review, or denies their application for judicial review, with respect to their claim for refugee protection or their application for protection, the date of that refusal or denial is the first day of the period that must pass before a request or application referred to in section 24, 25 or 112 of that Act may be made; and (c) authorize the Governor in Council to make an order regarding the processing of applications for temporary resident visas, work permits and study permits made by citizens or nationals of a foreign state or territory if the Governor in Council is of the opinion that the government or competent authority of that state or territory is unreasonably refusing to issue or unreasonably delaying the issuance of travel documents to citizens or nationals of that state or territory who are in Canada. Division 17 of Part 4 amends the Federal Courts Act to increase the number of Federal Court judges. Division 18 of Part 4 amends the National Housing Act to allow the Canada Mortgage and Housing Corporation to acquire an interest or right in a housing project that is occupied or intended to be occupied by the owner of the project and to make an investment in order to acquire such an interest or right. Division 19 of Part 4 enacts the National Housing Strategy Act. That Act provides for, among other things, the development and maintenance of a national housing strategy and imposes requirements related to the mandatory content of the strategy. It also establishes a National Housing Council and requires the appointment of a Federal Housing Advocate. Finally, it requires the submission of an annual report by the Advocate on systemic housing issues and the submission of periodic reports by the designated Minister on the implementation of the strategy and the achievement of desired housing outcomes. Division 20 of Part 4 enacts the Poverty Reduction Act, which provides for an official metric and other metrics to measure the level of poverty in Canada, sets out two poverty reduction targets in Canada and establishes the National Advisory Council on Poverty. Division 21 of Part 4 amends the Veterans Well-being Act to expand the eligibility criteria for the education and training benefit in order to make members of the Supplementary Reserve eligible for that benefit. Division 22 of Part 4 amends the Canada Student Loans Act and the Canada Student Financial Assistance Act to extend the interest-free period on student loans by six months and to provide for transitional measures in respect of individuals to whom student loans were made and who ceased to be students at any time during the six months before the amendments come into force. Division 23 of Part 4 amends the Canada National Parks Act to establish Thaidene Nene National Park Reserve of Canada and to decrease the hectarage of certain ski areas. Division 24 of Part 4 amends the Parks Canada Agency Act to provide that, starting on April 1, 2021, any balance of money appropriated to the Parks Canada Agency that is not spent by the
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Agency in the fiscal year in which it was appropriated lapses at the end of that fiscal year. Subdivision A of Division 25 of Part 4 enacts the Department of Indigenous Services Act, which establishes the Department of Indigenous Services and confers on the Minister of Indigenous Services various responsibilities relating to the provision of services to Indigenous individuals eligible to receive those services. Subdivision B of Division 25 of Part 4 enacts the Department of Crown-Indigenous Relations and Northern Affairs Act, which establishes the Department of Crown-Indigenous Relations and Northern Affairs, confers on the Minister of Crown-Indigenous Relations various responsibilities relating to relations with Indigenous peoples and confers on the Minister of Northern Affairs various responsibilities relating to the administration of Northern affairs. Subdivision C of Division 25 of Part 4 makes amendments to other Acts and repeals the Department of Indian Affairs and Northern Development Act. Subdivision D of Division 25 of Part 4 makes amendments to the First Nations Land Management Act, the First Nations Oil and Gas and Moneys Management Act and the Addition of Lands to Reserves and Reserve Creation Act. Division 26 of Part 4 enacts the Federal Prompt Payment for Construction Work Act in order to establish a regime to provide prompt payments to contractors and subcontractors for construction work performed for the purposes of a construction project in respect of federal real property or federal immovables and a regime to resolve disputes over the non-payment of that construction work.
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TABLE OF PROVISIONS An Act to implement certain provisions of the budget tabled in Parliament on March 19, 2019 and other measures
Short Title 1
Budget Implementation Act, 2019, No. 1
PART 1
Income Tax Act and Other Legislation 2
PART 2
GST/HST Measures 70
PART 3
Excise Act, 2001 81
PART 4
Various Measures DIVISION 1
Financial Sector 87
DIVISION 2
Strengthening Anti-Money Laundering and AntiTerrorist Financing Regime 98
DIVISION 3
Employment Equity Act 127
DIVISION 4
Payments 129
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DIVISION 5
Enhancing Retirement Security 133
DIVISION 6
Canada Pension Plan 153
DIVISION 7
Old Age Security Act 156
DIVISION 8
Non-permitted Surplus 157
DIVISION 9
Regulatory Modernization 160
DIVISION 10
Royal Canadian Mounted Police Act 222
DIVISION 11
Pilotage Act 225
DIVISION 12
Security Screening Services Commercialization 270
Enactment of Act
An Act respecting the commercialization of security screening services Short Title 1
Security Screening Services Commercialization Act
Interpretation and Application 2
Definitions
Publishing
Aeronautics Act
Exception
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Her Majesty 6
Binding on Her Majesty
Designated Screening Authority 7
Designation
Not an Agent of Her Majesty
Head office
Official Languages Act
Canada’s international obligations
Amendment of articles of incorporation
Financial statements
Information respecting charges
Service standards
Powers of Minister 16
Directions
Confidential information
Security Screening Services 18
Obligation
Provision of space
Agreement
Screening contractor
Criteria
Prohibition
Charges Imposition and Establishment 24
Imposition of charges
Establish, revise or terminate charges
Charging principles
Increase — Consumer Price Index
Minister’s approval of charges
Notice of proposal
Withdrawal of proposal
Notice of Objection 31
Notice of objection — paragraph 24(1)(a)
Determination by Agency
General Provisions 33
Confidential information
No mediation
Determination final
No policy directions issued to Agency
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Collection and Remittance 37
Duty to collect
Duty to remit
Charge revised after paid
Refund
Seizure and Detention of Aircraft 41
Seizure and detention of aircraft
Exempt aircraft
Enforcement 43
Court order — section 12
Court order — direction
Court order — subsection 18(1)
Offence — section 23
Offence — direction
Due diligence
Imprisonment precluded
Regulations 50
Governor in Council
Five-year Review 51
Review of Act
Transitional Provisions 52
Sale or disposition of assets and liabilities
Directives
Proceeds of disposition
Financial Administration Act
Part X of Financial Administration Act
Canadian Air Transport Security Authority Act
Regulations and places designated
Transition period payments
Minister’s approval of initial charges
Closing out of affairs
Repeal
Dissolution
DIVISION 13
Aviation Industry Indemnity Act 280
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DIVISION 14
Transportation Appeal Tribunal of Canada Act 290
DIVISION 15
Immigration and Citizenship Representation or Advice 291 292
Enactment of Act
An Act respecting the College of Immigration and Citizenship Consultants Short Title 1
College of Immigration and Citizenship Consultants Act
Interpretation and Application 2
Definitions
Designation of Minister
Organization College 4
Purpose
Head office
Capacity
Status
Canada Not-for-profit Corporations Act
Official Languages Act
Members
Annual general meeting
Notice
Compensation fund
Public records
Annual report
Board of Directors 16
Duties and powers of Board
Composition
Mailing address
Term
Ineligibility
Validity of acts of directors and officers
Removal — appointed directors
Ceases to be director
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Remuneration and expenses
Chairperson
Meetings
Validity of signed resolutions
Chief Executive Officer
Committees 29
Complaints Committee and Discipline Committee
Registrar 30
Appointment
Register available to public
Notice to Minister
Licence
Surrender of licence
Powers of Registrar — verification
Privileged information
Referral to Complaints Committee
Decision of Registrar
Compliance with decision
Notice to licensees — revocation or suspension
Delegation
Professional liability insurance
Licensees Professional Conduct 43
Code of professional conduct
Standards of professional conduct and competence
Complaints 45
Complaint to the College
Referral to Complaints Committee
Referral to another body
Consideration and investigation of complaints
Jurisdiction — former licensees
Investigations 50
Investigator
Power to require information and documents
Warrant to enter dwelling-house
Use of force
Privileged information
Obstruction and false statements
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Immunity 56
Immunity — civil liability
Decision of Complaints Committee 57
Referral to Discipline Committee
Disciplinary Proceedings 58
Complaints referred by Complaints Committee
Rules of procedure
Panel of Discipline Committee
Parties
Right of parties to make submissions
Submissions — other persons
Public hearings
Jurisdiction — former licensees
Powers of Discipline Committee
Privileged information
Powers before decision
Decision on complaint
Compliance with decision
Judicial Review 71
Respondent — College
Non-application of certain Acts
Minister — judicial review
Powers of Minister 74
Powers of Minister
Person acting for Board
Observer
Prohibition and Injunction 77
Unauthorized practice
Injunction
Offences and Punishment 79
Offences and punishment
By-laws and Regulations 80
By-laws
Regulations — Governor in Council
Regulations prevail
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Transitional Provisions 83
Definitions
Application for continuance
Applicable provisions if Council continued
Establishment of College
Applicable provisions if College established
Regulations
DIVISION 16
Immigration and Refugee Protection Act 301
DIVISION 17
Federal Courts Act 311
DIVISION 18
National Housing Act 312
DIVISION 19
National Housing Strategy Act 313
Enactment of Act
An Act respecting a national housing strategy Short Title 1
National Housing Strategy Act
Interpretation 2
Definition of Minister
Designation of Minister 3
Order
Housing Policy Declaration 4
Declaration
National Housing Strategy 5
Development and maintenance
National Housing Council 6
Duties and functions
Ex officio members
Appointment of other members
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Ex officio co-chairperson
Alternate ex officio co-chairperson
Meetings
Administrative support
Federal Housing Advocate 13
Duties and functions
13.1
Submissions – power to review issues
13.2
Power to request establishment of review panel
Appointment
Administrative support
Annual report
Review Panels 16.1
Obligation to establish review panel
16.2
Membership
16.3
Duties
16.4
Representations
Accountability 17
Minister’s response
17.1
Minister’s response to Advocate’s reports
17.2
Minister’s response to review panel reports
Triennial report
DIVISION 20
Poverty Reduction Act 315
Enactment of Act
An Act respecting the reduction of poverty Short Title 1
Poverty Reduction Act
Interpretation 2
Definitions
Purpose 3
Purpose
Designation of Minister 4
Order in council
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Poverty Reduction Strategy 5
Strategy development and implementation
Targets 6
Poverty reduction targets
Official Poverty Line and Other Metrics 7
Official metric
Other metrics
National Advisory Council on Poverty 9
Establishment
Functions
Dissolution of Council
Tabling of Report in Parliament 12
Minister’s duty
DIVISION 21
Veterans Well-being Act 318
DIVISION 22
Student Loans 323
DIVISION 23
Canada National Parks Act 328
DIVISION 24
Parks Canada Agency Act 334
DIVISION 25
Various Measures Related to Indigenous Matters 336
Enactment of Act
An Act respecting the Department of Indigenous Services Short Title 1
Department of Indigenous Services Act
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Interpretation 2
Definitions
Establishment of Department 3
Department established
Minister
Deputy Minister
Powers, Duties and Functions of Minister 6
Powers, duties and functions
Collaboration and transfer of responsibilities
Limitations
Agreements
Special representatives
Provision of services between departments
Collection and use of information
Support for Indigenous bodies
Delegation
Annual report to Parliament
Enactment of Act
An Act respecting the Department of Crown-Indigenous Relations and Northern Affairs Act Short Title 1
Department of Crown-Indigenous Relations and Northern Affairs Act
Interpretation 2
Definitions
Department of Crown-Indigenous Relations and Northern Affairs Establishment of Department 3
Department established
Minister
Deputy Minister
Powers, Duties and Functions of Minister 6
Powers, duties and functions
Responsibilities
Provision of services between departments
Delegation
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Annual report to Parliament
Appointment
Deputy Minister of Northern Affairs
Powers, duties and functions
Minister of Northern Affairs
Coordination, policies and scientific research
Administration of lands — Nunavut
Use of departmental services and facilities
Transfer of responsibility
Delegation
Provisions Applicable to Both Ministers 19
Special representatives
Collection and use of information
DIVISION 26
Prompt Payment for Construction Work 387
Enactment of Act
An Act to establish a regime for prompt payment for construction work performed for the purposes of a contruction project in respect of federal real property or federal immovables Short Title 1
Federal Prompt Payment for Construction Work Act
Interpretation 2
Definitions
Designation 3
Minister
Purpose of Act 4
Purpose
Application of Act 5
Application
Designation of province
Exemption
Duty to inform potential contractor
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Chapter 29: Budget Implementation Act, 2019, No. 1 TABLE OF PROVISIONS
Payments Between Parties Her Majesty or Service Provider to Contractor 9
Submission of proper invoice
Contractor to Subcontractor 10
Duty to pay
Duty to pay
Subcontractor to Subcontractor
Holdback 12
Payment subject to holdback
Non-payment 13
Notice of non-payment
Interest on unpaid amounts
Dispute Resolution 15
Designation
Adjudication
Joint appointment
Determination
Compliance with determination
Costs, fees and expenses
No summons
General Provisions 22
Regulations — Minister
Regulations — Governor in Council
Section 126 of Criminal Code
Transitional Provision 25
Non-application for one year
SCHEDULE 1 SCHEDULE 2 SCHEDULE 3 SCHEDULE 4
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64-65-66-67-68 ELIZABETH II
CHAPTER 29 An Act to implement certain provisions of the budget tabled in Parliament on March 19, 2019 and other measures [Assented to 21st June, 2019] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Short Title Short title 1 This Act may be cited as the Budget Implementation
Act, 2019, No. 1.
PART 1
Income Tax Act and Other Legislation R.S., c. 1 (5th Supp.)
Income Tax Act 2 (1) Subsection 13(7) of the Income Tax Act is amended by striking out “and” at the end of paragraph (g), by adding “and” at the end of paragraph (h) and by adding the following after paragraph (h): (i) if the cost to a taxpayer of a zero-emission passenger vehicle exceeds the prescribed amount, (i) the capital cost to the taxpayer of the vehicle is
deemed to be equal to the prescribed amount, and (ii) for the purposes of paragraph (a) of the description of F in the definition undepreciated capital cost in subsection (21), the proceeds of disposition of the vehicle are deemed to be the amount determined by the formula A × B/C
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where A
is the amount that would, in the absence of this subparagraph, be the proceeds of disposition of the vehicle,
B
is (A) if the vehicle is disposed of to a person or partnership with which the taxpayer deals at arm’s length, the capital cost to the taxpayer of the vehicle, and (B) in any other case, the cost to the taxpayer of the vehicle, and C
is the cost to the taxpayer of the vehicle.
(2) Subsection (1) is deemed to have come into force on March 19, 2019. 3 (1) The portion of subsection 20(4) of the Act
before paragraph (a) is replaced by the following: Bad debts — dispositions of depreciable property (4) If an amount that is owing to a taxpayer as or on account of the proceeds of disposition of depreciable property (other than a timber resource property, a passenger vehicle to which paragraph 13(7)(g) applies or a zeroemission passenger vehicle to which paragraph 13(7)(i) applies) of the taxpayer of a prescribed class is established by the taxpayer to have become a bad debt in a taxation year, there may be deducted in computing the taxpayer’s income for the year the lesser of (2) Section 20 of the Act is amended by adding the following after subsection (4.1):
Bad debts — zero-emission passenger vehicles (4.11) If an amount that is owing to a taxpayer as or on account of the proceeds of disposition of a zero-emission passenger vehicle of the taxpayer to which paragraph 13(7)(i) applies is established by the taxpayer to have become a bad debt in a taxation year, there may be deducted in computing the taxpayer’s income for the year the lesser of (a) the amount that would be determined by the formula in subparagraph 13(7)(i)(ii) in respect of the
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disposition if the amount determined for A in the formula were the amount owing to the taxpayer, and (b) the amount determined by the formula A–B
where A
is the capital cost to the taxpayer of the vehicle, and
B
is the amount that would be determined by the formula in subparagraph 13(7)(i)(ii) in respect of the disposition if the amount determined for A in the formula were the total amount, if any, realized by the taxpayer on account of the proceeds of disposition.
(3) Subsections (1) and (2) are deemed to have
come into force on March 19, 2019. 4 (1) The portion of subparagraph 39(1)(a)(i.1) of
the Act before clause (A) is replaced by the following: (i.1) an object that the Canadian Cultural Property
Export Review Board has determined meets the criterion set out in paragraph 29(3)(b) of the Cultural Property Export and Import Act if (2) Subsection (1) is deemed to have come into force on March 19, 2019. 5 (1) Subsection 66.2(2) of the Act is amended by striking out “and” at the end of paragraph (b), by adding “and” at the end of paragraph (c) and by adding the following after paragraph (c): (d) the amount determined by the formula A(B − C)
where A
is (i) for taxation years that end before 2024, 15%, (ii) for taxation years that begin before 2024 and end after 2023, the amount determined by the formula 0.15(I/J) + 0.075(K/J)
where I
is the total of all accelerated Canadian development expenses incurred by the taxpayer before 2024 and in the taxation year,
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J
is the total of all accelerated Canadian development expenses incurred by the taxpayer in the taxation year, and
K
is the total of all accelerated Canadian development expenses incurred by the taxpayer after 2023 and in the taxation year, and
(iii) for taxation years that begin after 2023, 7.5%, B
is the total of all accelerated Canadian development expenses incurred by the taxpayer in the taxation year, and
C
is the amount determined by the formula (D − E) − (F − G − H)
where D
is the total of the amounts determined for E to O in the definition cumulative Canadian development expense in subsection (5) at the end of the taxation year,
E
is the total of the amounts determined for E to O in the definition cumulative Canadian development expense in subsection (5) at the beginning of the taxation year,
F
is the total of the amounts determined for A to D.1 in the definition cumulative Canadian development expense in subsection (5) at the end of the taxation year,
G
is the total of the amounts determined for A to D.1 in the definition cumulative Canadian development expense in subsection (5) at the end of the preceding taxation year, and
H
is the amount determined for B.
(2) Subsection 66.2(5) of the Act is amended by adding the following in alphabetical order:
accelerated Canadian development expense, of a taxpayer, means any cost or expense incurred by the taxpayer during a taxation year if the cost or expense (a) qualifies as a Canadian development expense at the time it is incurred, other than (i) an expense in respect of which the taxpayer is a successor, within the meaning of subsection 66.7(4), and (ii) a cost in respect of a Canadian resource property acquired by the taxpayer, or a partnership in which the taxpayer is a member, from a person or
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partnership with which the taxpayer does not deal at arm’s length, (b) is incurred after November 20, 2018 and before 2028, other than expenses deemed to have been incurred on December 31, 2027 because of subsection 66(12.66), and (c) if the Canadian development expense is deemed to be a Canadian development expense incurred by the taxpayer because of paragraph 66(12.63)(a), is an amount renounced under an agreement entered into after November 20, 2018; (frais d’aménagement au Canada accélérés) 6 (1) Subsection 66.4(2) of the Act is amended by striking out “and” at the end of paragraph (a), by adding “and” at the end of paragraph (b) and by adding the following after paragraph (b): (c) the amount determined by the formula A(B − C)
where A
is (i) for taxation years that end before 2024, 5%, (ii) for taxation years that begin before 2024 and end after 2023, the amount determined by the formula 0.05(I/J) + 0.025(K/J)
where I
is the total of all accelerated Canadian oil and gas property expenses incurred by the taxpayer before 2024 and in the taxation year,
J
is the total of all accelerated Canadian oil and gas property expenses incurred by the taxpayer in the taxation year, and
K
is the total of all accelerated Canadian oil and gas property expenses incurred by the taxpayer after 2023 and in the taxation year, and
(iii) for taxation years that begin after 2023,
2.5%, B
is the total of all accelerated Canadian oil and gas property expenses incurred by the taxpayer in the taxation year, and
C
is the amount determined by the formula (D − E) − (F − G − H)
where
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D
is the total of the amounts determined for E to J in the definition cumulative Canadian oil and gas property expense in subsection (5) at the end of the taxation year,
E
is the total of the amounts determined for E to J in the definition cumulative Canadian oil and gas property expense in subsection (5) at the beginning of the taxation year,
F
is the total of the amounts determined for A to D.1 in the definition cumulative Canadian oil and gas property expense in subsection (5) at the end of the taxation year,
G
is the total of the amounts determined for A to D.1 in the definition cumulative Canadian oil and gas property expense in subsection (5) at the end of the preceding taxation year, and
H
is the amount determined for B.
(2) Subsection 66.4(5) of the Act is amended by adding the following in alphabetical order:
accelerated Canadian oil and gas property expense, of a taxpayer, means any cost or expense incurred by the taxpayer during a taxation year, if the cost or expense (a) qualifies as a Canadian oil and gas property expense at the time it is incurred, other than (i) an expense in respect of which the taxpayer is a successor, within the meaning of subsection 66.7(5), and (ii) a cost in respect of a Canadian resource property acquired by the taxpayer, or a partnership in which the taxpayer is a member, from a person or partnership with which the taxpayer does not deal at arm’s length, and (b) is incurred after November 20, 2018 and before 2028; (frais à l’égard de biens canadiens relatifs au pétrole et au gaz accélérés)
7 (1) The portion of section 67.2 of the Act before
the formula is replaced by the following:
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Interest on money borrowed for certain vehicles 67.2 For the purposes of this Act, if an amount is paid or
payable for a period by a person in respect of interest on borrowed money used to acquire a passenger vehicle or zero-emission passenger vehicle, or on an amount paid or payable for the acquisition of such a vehicle, then in computing the person’s income for a taxation year the amount of interest so paid or payable is deemed to be the lesser of the actual amount paid or payable and the amount determined by the formula (2) Subsection (1) is deemed to have come into
force on March 19, 2019. 8 (1) The Act is amended by adding the following after section 67.4:
More than one owner 67.41 If a person owns a zero-emission passenger vehicle jointly with one or more other persons, any reference in paragraph 13(7)(i) to the prescribed amount and in section 67.2 to the amount of $250 or such other amount as may be prescribed is to be read as a reference to that proportion of each of those amounts that the fair market value of the first-mentioned person’s interest in the vehicle is of the fair market value of the interests in the vehicle of all those persons. (2) Subsection (1) is deemed to have come into force on March 19, 2019. 9 (1) Subsection 81(1) of the Act is amended by adding the following after paragraph (h):
Social assistance for informal care programs (h.1) if the taxpayer is an individual (other than a trust), a social assistance payment ordinarily made on the basis of a means, needs or income test provided for under a program of the Government of Canada or the government of a province, to the extent that it is received directly or indirectly by the taxpayer for the benefit of a particular individual, if (i) payments to recipients under the program are made for the care and upbringing, on a temporary basis, of another individual in need of protection, (ii) the particular individual is a child of the taxpayer because of paragraph 252(1)(b) (or would be a child of the taxpayer because of that paragraph if the taxpayer did not receive payments under the program), and
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(iii) no special allowance under the Children’s Special Allowances Act is payable in respect of the particular individual for the period in respect of which the social assistance payment is made; (2) Subsection (1) is deemed to have come into force on January 1, 2009. 10 (1) Subsection 85(1) of the Act is amended by adding the following after paragraph (e.4): (e.5) if the property is depreciable property of a prescribed class of the taxpayer that is a zero-emission passenger vehicle to which paragraph 13(7)(i) applies and the taxpayer and the corporation do not deal at arm’s length, (i) the amount that the taxpayer and the corporation have agreed on in their election in respect of the vehicle is deemed to be an amount equal to the cost amount to the taxpayer of the vehicle immediately before the disposition, and (ii) for the purposes of subsection 6(2), the cost to the corporation of the vehicle is deemed to be an amount equal to its fair market value immediately before the disposition; (2) Subsection (1) is deemed to have come into
force on March 19, 2019. 11 (1) Paragraph 87(2)(j.6) of the Act is replaced
by the following: Continuing corporation (j.6) for the purposes of paragraphs 12(1)(t) and (x), subsections 12(2.2) and 13(7.1), (7.4) and (24), paragraphs 13(27)(b) and (28)(c), subsections 13(29) and 18(9.1), paragraphs 20(1)(e), (e.1) and (hh), sections 20.1 and 32, paragraph 37(1)(c), subsection 39(13), subparagraphs 53(2)(c)(vi) and (h)(ii), paragraph 53(2)(s), subsections 53(2.1), 66(11.4), 66.7(11) and 127(10.2), section 139.1, subsection 152(4.3), the determination of D in the definition undepreciated capital cost in subsection 13(21) and the determination of L in the definition cumulative Canadian exploration expense in subsection 66.1(6), the new corporation is deemed to be the same corporation as, and a continuation of, each predecessor corporation; (2) Subsection 87(2) of the Act is amended by adding the following after paragraph (j.95):
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Journalism organizations (j.96) for the purposes of section 125.6, the new corporation is deemed to be the same corporation as, and a continuation of, each predecessor corporation; (3) Paragraph 87(2)(oo) of the Act is repealed. (4) Subsections (1) and (3) apply to taxation years that end after March 18, 2019. (5) Subsection (2) is deemed to have come into
force on January 1, 2019. 12 (1) Paragraph 88(1)(e.8) of the Act is repealed. (2) Subsection (1) applies to taxation years that end after March 18, 2019. 13 (1) Paragraph 110.1(1)(c) of the Act is replaced
by the following: Gifts to institutions (c) the total of all amounts each of which is the eligible amount of a gift (other than a gift described in paragraph (d)) of an object that the Canadian Cultural Property Export Review Board has determined meets the criterion set out in paragraph 29(3)(b) of the Cultural Property Export and Import Act, which gift was made by the corporation in the year or in any of the five preceding taxation years to an institution or a public authority in Canada that was, at the time the gift was made, designated under subsection 32(2) of that Act either generally or for a specified purpose related to that object; and (2) Subsection (1) is deemed to have come into force on March 19, 2019. 14 (1) The portion of subsection 117.1(1) of the
Act before paragraph (a) is replaced by the following: Annual adjustment 117.1 (1) The amount of $1,000 referred to in the formula in paragraph 8(1)(s), each of the amounts expressed in dollars in subparagraph 6(1)(b)(v.1), subsection 117(2), the description of B in subsection 118(1), subsection 118(2), paragraph (a) of the description of B in subsection 118(10), subsection 118.01(2), the descriptions of C and F in subsection 118.2(1) and subsections 118.3(1), 122.5(3) and 122.51(1) and (2), the amount of $400,000 referred to in the formula in paragraph 110.6(2)(a), the amounts of $1,355 and $2,335 referred to in the description of A, and the amounts of $12,820
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and $17,025 referred to in the description of B, in the formula in subsection 122.7(2), the amount of $700 referred to in the description of C, and the amounts of $24,111 and $36,483 referred to in the description of D, in the formula in subsection 122.7(3), the amount of $10,000 referred to in the description of B in the formula in subsection 122.91(2), and each of the amounts expressed in dollars in Part I.2 in relation to tax payable under this Part or Part I.2 for a taxation year shall be adjusted so that the amount to be used under those provisions for the year is the total of
(2) Subsection (1) applies to the 2020 and subsequent taxation years, except that the adjustment provided for in subsection 117.1(1) of the Act, as amended by subsection (1), does not apply for the 2020 taxation year in respect of the amount of $10,000. 15 (1) The Act is amended by adding the following after section 118.01:
Definitions 118.02 (1) The following definitions apply in this section. digital news subscription, of an individual with a qualified Canadian journalism organization, means an agreement entered into between the individual and the qualified Canadian journalism organization, if (a) the agreement entitles an individual to access content of the qualified Canadian journalism organization in digital form; and (b) the qualified Canadian journalism organization is primarily engaged in the production of original written news content and is not engaged in a broadcasting undertaking as defined in subsection 2(1) of the Broadcasting Act. (abonnement aux nouvelles numériques)
qualifying subscription expense, for a taxation year, means the amount paid in the year for a digital news subscription of an individual with a qualified Canadian journalism organization and, for this purpose, if the digital news subscription provides access to content in non-digital form or content other than content of qualified Canadian journalism organizations, the amount considered to be paid for the digital news subscription shall not exceed
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(a) the cost of a comparable digital news subscription
with the qualified Canadian journalism organization that solely provides access to content of qualified Canadian journalism organizations in digital form; and (b) if there is no such comparable digital news subscription, 1/2 of the amount actually paid. (dépense pour abonnement admissible)
Digital news subscription tax credit (2) For the purpose of computing the tax payable under this Part by an individual for a taxation year that is before 2025, there may be deducted the amount determined by the formula A×B
where A
is the appropriate percentage for the year; and
B
is the lesser of (a) $500, and (b) the total of all amounts each of which is a qualifying subscription expense of the individual for the year.
Apportionment of credit (3) If more than one individual is entitled to a deduction
under this section for a taxation year in respect of a qualifying subscription expense, the total of all amounts so deductible shall not exceed the maximum amount that would be so deductible for the year by any one of those individuals in respect of the qualifying subscription expense, if that individual were the only individual entitled to deduct an amount for the year under this section, and if the individuals cannot agree as to what portion of the amount each can so deduct, the Minister may fix the portions. (2) Subsection (1) applies to the 2020 and subsequent taxation years. 16 (1) Paragraph (a) of the definition total cultural gifts in subsection 118.1(1) of the Act is replaced by the following: (a) of an object that the Canadian Cultural Property Export Review Board has determined meets the criterion set out in paragraph 29(3)(b) of the Cultural Property Export and Import Act,
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(2) Subsection (1) is deemed to have come into force on March 19, 2019. 17 (1) Paragraph 118.2(2)(u) of the Act is replaced
by the following: (u) on behalf of the patient who is the holder of a medical document (as defined in subsection 264(1) of the Cannabis Regulations) to support their use of cannabis for medical purposes, for the cost of cannabis, cannabis oil, cannabis plant seeds or cannabis products purchased for medical purposes from a holder of a licence for sale (as defined in subsection 264(1) of the Cannabis Regulations). (2) Subsection (1) is deemed to have come into
force on October 17, 2018. 18 (1) The portion of subsection 118.5(1) of the Act before paragraph (a) is replaced by the following:
Tuition credit 118.5 (1) Subject to subsection (1.2), for the purpose of
computing the tax payable under this Part by an individual for a taxation year, there may be deducted, (2) Section 118.5 of the Act is amended by adding the following after subsection (1.1):
Canada training credit reduction (1.2) The amount that may be deducted for a taxation year by an individual under subsection (1) is to be reduced by the amount determined by the formula A×B
where A
is the appropriate percentage for the taxation year; and
B
is the amount, if any, deemed to have been paid by the individual under subsection 122.91(1) in respect of the taxation year.
(3) Subsections (1) and (2) are deemed to have come into force on January 1, 2019. 19 (1) Section 118.92 of the Act is replaced by the
following:
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Ordering of credits 118.92 In computing an individual’s tax payable under this Part, the following provisions shall be applied in the following order: subsections 118(1) and (2), section 118.7, subsections 118(3) and (10) and sections 118.01, 118.02, 118.04, 118.041, 118.05, 118.06, 118.07, 118.3, 118.61, 118.5, 118.9, 118.8, 118.2, 118.1, 118.62 and 121. (2) Subsection (1) comes into force on January 1, 2020. 20 (1) Section 122.7 of the Act is amended by adding the following after subsection (1.1):
Receipt of social assistance (1.2) For the purposes of applying the definitions eligible dependant and eligible individual in subsection (1) for a taxation year, an individual shall not fail to qualify as a parent (within the meaning assigned by section 252) of another individual solely because of the receipt of a social assistance amount that is payable under a program of the Government of Canada or the government of a province for the benefit of the other individual, unless the amount is a special allowance under the Children’s Special Allowances Act in respect of the other individual in the taxation year. (2) Subsection (1) is deemed to have come into force on January 1, 2009. 21 (1) The Act is amended by adding the following after section 122.9:
SUBDIVISION A.5
Canada Training Credit Claimed amount 122.91 (1) An individual who is resident in Canada
throughout a taxation year, files a return of income for the taxation year and makes a claim under this subsection is deemed to have paid, at the end of the taxation year, on account of tax payable under this Part for the taxation year, an amount claimed by the individual that does not exceed the lesser of (a) the training amount limit of the individual for the
taxation year, and (b) 50% of the amount that would be deductible under
paragraph 118.5(1)(a) or (d) in computing the individual’s tax payable under this Part for the taxation year if
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(i) this Act were read without reference to subsections 118.5(1.2) and (2), and (ii) the appropriate percentage for the taxation year were 100%.
Training amount limit (2) For the purposes of this section, the training amount
limit of an individual for a taxation year is (a) if the taxation year is after 2019 and the individual has attained the age of 26 years, and has not attained the age of 66 years, before the end of the taxation year, the lesser of (i) the amount determined by the formula A+B−C
where A
is the individual’s training amount limit for the preceding taxation year,
B
is (A) $250, if (I) the individual has filed a return of income for the preceding taxation year, (II) the individual was resident in Canada
throughout the preceding taxation year, (III) the total of the following amounts is
greater than or equal to $10,000: 1 the amount that would be the individual’s working income (as defined in subsection 122.7(1)) for the preceding taxation year, if this Act were read without reference to paragraph 81(1)(a) and subsection 81(4), 2 the total of all amounts each of
which is an amount payable to the individual under subsection 22(1), 23(1), 152.04(1) or 152.05(1) of the Employment Insurance Act in the preceding taxation year, and 3 the amount that would be included
in the individual’s income because of subparagraph 56(1)(a)(vii) in computing the individual’s income for the preceding taxation year, if this Act were read without reference to paragraph 81(1)(a), and (IV) the individual’s income for the preceding taxation year under this Part does
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not exceed the higher dollar amount referred to in paragraph 117(2)(c), as adjusted under this Act for the preceding taxation year, and (B) nil, in any other case, and C
is the amount deemed to have been paid by the individual under subsection (1) in respect of the preceding taxation year, and
(ii) the amount determined by the formula $5,000 − D
where D
is the total of all amounts deemed to have been paid by the individual under subsection (1) in respect of a preceding taxation year; and
(b) nil, in any other case.
Effect of bankruptcy (3) For the purpose of this Subdivision, if an individual
becomes bankrupt in a particular calendar year, (a) notwithstanding subsection 128(2), any reference
to the taxation year of the individual (other than in this subsection) is deemed to be a reference to the particular calendar year; and (b) the individual’s working income and income under
this Part for the taxation year ending on December 31 of the particular calendar year is deemed to include the individual’s working income and the income under this Part for the taxation year that begins on January 1 of the particular calendar year.
Special rules in the event of death (4) For the purposes of this section, if an individual dies in a calendar year, (a) the individual is deemed to be resident in Canada
from the time of death until the end of the year; (b) the individual is deemed to be the same age at the end of the year as the individual would have been if the individual were alive at the end of the year; and
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(c) any return of income filed by a legal representative
of the individual is deemed to be a return of income filed by the individual. (2) Subsection (1) is deemed to have come into
force on January 1, 2019. 22 (1) The definition specified cooperative income in subsection 125(7) of the Act is repealed.
(2) The portion of subparagraph (a)(i) of the definition specified corporate income in subsection 125(7) of the Act before clause (A) is replaced by the following: (i) the total of all amounts each of which is income
(other than specified farming or fishing income of the corporation for the year) from an active business of the corporation for the year from the provision of services or property to a private corporation (directly or indirectly, in any manner whatever) if
(3) Subsection 125(7) of the Act is amended by adding the following in alphabetical order:
specified farming or fishing income, of a particular corporation for a taxation year, means income of the particular corporation (other than an amount included in the particular corporation’s income under subsection 135(7)), if (a) the income is from the sale of the farming products or fishing catches of the particular corporation’s farming or fishing business to another corporation, and (b) the particular corporation deals at arm’s length
with the other corporation; (revenu d’agriculture ou de pêche déterminé) (4) Subsections (1) to (3) apply to taxation years
that begin after March 21, 2016. Any assessment of a taxpayer’s tax, interest and penalties payable under the Act for any taxation year that ends before March 19, 2019 that would, in the absence of this subsection, be precluded because of subsections 152(4) to (5) of the Act is, if requested by the taxpayer, to be made to the extent necessary to take into account subsections (1) to (3).
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23 (1) The Act is amended by adding the following after section 125.5: Definitions 125.6 (1) The following definitions apply in this section.
assistance means an amount, other than an amount deemed under subsection (2) to have been paid, that would be included under paragraph 12(1)(x) in computing the income of a taxpayer for any taxation year if that paragraph were read without reference to (a) subparagraphs 12(1)(x)(v) to (viii), if the amount were received (i) from a person or partnership described in subparagraph 12(1)(x)(ii), or (ii) in circumstances where clause 12(1)(x)(i)(C) applies; and (b) subparagraphs 12(1)(x)(v) to (vii), in any other
case. (montant d’aide) eligible newsroom employee, in respect of a qualifying journalism organization in a taxation year, means an individual who (a) is employed by the organization in the taxation year; (b) works, on average, a minimum of 26 hours per
week throughout the portion of the taxation year in which the individual is employed by the organization; (c) at any time in the taxation year, has been, or is
reasonably expected to be, employed by the organization for a minimum period of 40 consecutive weeks that includes that time; (d) spends at least 75% of their time engaged in the production of news content, including by researching, collecting information, verifying facts, photographing, writing, editing, designing and otherwise preparing content; and (e) meets any prescribed conditions. (employé de salle de presse admissible)
qualifying journalism organization, at any time, means a qualified Canadian journalism organization that meets the following conditions: (a) it is primarily engaged in the production of original written news content;
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(b) it does not carry on a broadcasting undertaking
as defined in subsection 2(1) of the Broadcasting Act; (c) it does not, in the taxation year in which the time
occurs, receive an amount from the Aid to Publishers component of the Canada Periodical Fund; and (d) if it is a corporation having share capital, it meets the conditions in subparagraph (e)(iii) of the definition Canadian newspaper in subsection 19(5). (organisation journalistique admissible)
qualifying labour expenditure, of a taxpayer for a taxation year in respect of an eligible newsroom employee, means the lesser of (a) the amount determined by the formula $55,000 × A/365
where A
is the lesser of 365 and the number of days in the taxation year, and
(b) the amount determined by the formula A−B
where A
is the salary or wages payable by the taxpayer to the eligible newsroom employee in respect of the portion of the taxation year throughout which the taxpayer is a qualifying journalism organization, and
B
is the total of all amounts each of which is an amount of assistance that (i) the taxpayer has received, is entitled to receive
or can reasonably be expected to receive, in respect of amounts described in A, and (ii) has not been repaid before the end of the year
pursuant to a legal obligation to do so. (dépense de main-d’œuvre admissible)
Tax credit (2) A taxpayer that is a qualifying journalism organization at any time in a taxation year and that files a prescribed form containing prescribed information with its return of income for the year is deemed to have, on its
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balance-due day for the year, paid on account of its tax payable under this Part for the year an amount determined by the formula 0.25(A)
where A
is the total of all amounts each of which is a qualifying labour expenditure of the qualifying journalism organization for the year in respect of an eligible newsroom employee.
When assistance received (3) For the purposes of this Act other than this section, and for greater certainty, the amount that a qualifying journalism organization is deemed under subsection (2) to have paid for a taxation year is assistance received by it from a government immediately before the end of the year. (2) Subsection (1) is deemed to have come into force on January 1, 2019. For greater certainty, it does not apply in respect of salary or wages that are in respect of a period before January 1, 2019.
(a) of the definition flowthrough mining expenditure in subsection 127(9) of the Act is replaced by the following:
24 (1) Paragraph
(a) that is a Canadian exploration expense incurred by
a corporation after March 2019 and before 2025 (including, for greater certainty, an expense that is deemed by subsection 66(12.66) to be incurred before 2025) in conducting mining exploration activity from or above the surface of the earth for the purpose of determining the existence, location, extent or quality of a mineral resource described in paragraph (a) or (d) of the definition mineral resource in subsection 248(1), (2) Paragraphs (c) and (d) of the definition flowthrough mining expenditure in subsection 127(9) of the Act are replaced by the following: (c) an amount in respect of which is renounced in accordance with subsection 66(12.6) by the corporation to the taxpayer (or a partnership of which the taxpayer is a member) under an agreement described in that subsection and made after March 2019 and before April 2024, and (d) that is not an expense that was renounced under subsection 66(12.6) to the corporation (or a
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partnership of which the corporation is a member), unless that renunciation was under an agreement described in that subsection and made after March 2019 and before April 2024; (dépense minière déterminée) (3) Subsection 127(10.2) of the Act is replaced by
the following: Expenditure limit (10.2) For the purpose of subsection (10.1), a particular
corporation’s expenditure limit for a particular taxation year is the amount determined by the formula $3 million × ($40 million – A)/$40 million
where A
is (a) nil, if the following amount is less than or
equal to $10 million: (i) if the particular corporation is not associated with any other corporation in the particular taxation year, the amount that is its taxable capital employed in Canada (within the meaning assigned by section 181.2 or 181.3) for its immediately preceding taxation year, and (ii) if the particular corporation is associated
with one or more other corporations in the particular taxation year, the amount that is the total of all amounts, each of which is the taxable capital employed in Canada (within the meaning assigned by section 181.2 or 181.3) of the particular corporation for its, or of one of the other corporations for its, last taxation year that ended in the last calendar year that ended before the end of the particular taxation year, and (b) in any other case, the lesser of $40 million and
the amount by which the amount determined under subparagraph (a)(i) or (ii), as the case may be, exceeds $10 million. (4) Subsection 127(10.6) of the Act is amended by adding “and” at the end of paragraph (a), by striking out “and” at the end of paragraph (b) and by repealing paragraph (c). (5) Subsections (1) and (2) apply in respect of expenses renounced under a flow-through share agreement entered into after March 2019. (6) Subsections (3) and (4) apply to taxation years
that end after March 18, 2019.
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25 (1) Subsection 143(2) of the Act is amended by striking out “and” at the end of paragraph (b), by adding “and” at the end of paragraph (c) and by adding the following after paragraph (c): (d) if the trust earns income from a business in the
year, then the portion of the amount payable in the year to a particular participating member of the congregation out of the income of the trust under paragraph (a) that can reasonably be considered to relate to that income from a business is deemed to be income from a business carried on by the particular member. (2) Subsection (1) applies to the 2014 and subsequent taxation years. 26 (1) The portion of the definition premium in
subsection 146(1) of the Act after paragraph (b) is replaced by the following: but except for the purposes of paragraph (b) of the definition benefit in this subsection, paragraph (2)(b.3), subsection (22) and the definition excluded premium in subsection 146.02(1), does not include a repayment to which paragraph (b) or (d) of the definition excluded withdrawal in subsection 146.01(1), or paragraph (b) of the definition excluded withdrawal in subsection 146.02(1), applies or an amount that is designated under subsection 146.01(3) or 146.02(3); (prime) (2) Subsection (1) applies in respect of repayments made after 2019. 27 (1) The definition excluded withdrawal in subsection 146.01(1) of the Act is amended by striking out “or” at the end of paragraph (b), by adding “or” at the end of paragraph (c) and by adding the following after paragraph (c): (d) a particular amount (other than an eligible amount) received while the individual was resident in Canada and in a calendar year if (i) the particular amount would be a regular eligible amount if subsection (2.1) were read without reference to its subparagraph (a)(iii), (ii) a payment (other than an excluded premium) equal to the particular amount is made by the individual under a retirement saving plan that is, at the end of the taxation year of the payment, a registered retirement savings plan under which the individual is the annuitant, and
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(iii) the payment is made before the end of the second calendar year after the calendar year that includes the particular time referred to in subsection (2.1); (retrait exclu) (2) Paragraph (h) of the definition regular eligible amount in subsection 146.01(1) of the Act is replaced by the following: (h) the total of the amount and all other eligible
amounts received by the individual in the calendar year that includes the particular time does not exceed $35,000, and (3) Paragraph (g) of the definition supplemental
eligible amount in subsection 146.01(1) of the Act is replaced by the following: (g) the total of the amount and all other eligible
amounts received by the individual in the calendar year that includes the particular time does not exceed $35,000, and (4) Section 146.01 of the Act is amended by adding the following after subsection (2):
Marriage or common-law partnership (2.1) Notwithstanding paragraph (2)(a.1), for the purposes of the definition regular eligible amount, (a) an individual, and a spouse or common-law partner of the individual, are deemed not to have an owner-occupied home in a period ending before a particular time referred to in that definition if (i) at the particular time, the individual (A) is living separate and apart from the individual’s spouse or common-law partner because of a breakdown of their marriage or common-law partnership, (B) has been living separate and apart from the
individual’s spouse or common-law partner for a period of at least 90 days, and (C) began living separate and apart from the individual’s spouse or common-law partner in the calendar year that includes the particular time or any time in the four preceding calendar years, (ii) in the absence of this subsection, the individual
would not be precluded from having a regular eligible amount because of the application of paragraph (f) of that definition in respect of a spouse or
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common-law partner (other than the spouse or common-law partner referred to in clauses (i)(A) to (C)), and (iii) where the individual has an owner-occupied home at the particular time, (A) the home is not the qualifying home referred
to in that definition and the individual disposes of the home no later than the end of the second calendar year after the calendar year that includes the particular time, or (B) the individual acquires the interest, or for
civil law the right, of the spouse or common-law partner in the home; and (b) if an individual to whom paragraph (a) applies has an owner-occupied home at the particular time referred to in that paragraph and the individual acquires the interest, or for civil law the right, of a spouse or common-law partner in the home, the individual is deemed for the purposes of paragraphs (c) and (d) of that definition to have acquired a qualifying home on the date that the individual acquired the interest or the right. (5) Paragraph 146.01(3)(a) of the Act is replaced by the following: (a) the total of all amounts (other than excluded premiums, repayments to which paragraph (b) or (d) of the definition excluded withdrawal in subsection (1) applies and amounts paid by the individual in the first 60 days of the year that can reasonably be considered to have been deducted in computing the individual’s income, or designated under this subsection, for the preceding taxation year) paid by the individual in the year or within 60 days after the end of the year under a retirement savings plan that is at the end of the year or the following taxation year a registered retirement savings plan under which the individual is the annuitant, and (6) Subsections (1) and (4) apply in respect of
amounts received after 2019. (7) Subsections (2) and (3) apply to the 2019 and subsequent taxation years in respect of amounts received after March 19, 2019. (8) Subsection (5) applies in respect of repayments made after 2019.
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28 (1) Paragraph (b) of the definition excluded premium in subsection 146.02(1) of the Act is replaced by the following: (b) was a repayment to which paragraph (b) or (d) of the definition excluded withdrawal in subsection 146.01(1) applies; (2) Subsection (1) applies in respect of repayments made after 2019. 29 (1) Section 146.2 of the Act is amended by adding the following after subsection (6):
Carrying on a business (6.1) If tax is payable under this Part for a taxation year because of subsection (6) by a trust that is governed by a TFSA that carries on one or more businesses at any time in the taxation year, (a) the holder of the TFSA is jointly and severally, or solidarily, liable with the trust to pay each amount payable under this Act by the trust that is attributable to that business or those businesses; and (b) the issuer’s liability at any time for amounts payable under this Act in respect of that business or those businesses shall not exceed the total of (i) the amount of property of the trust that the issuer is in possession or control of at that time in its capacity as legal representative of the trust, and (ii) the total amount of all distributions of property
from the trust on or after the date that the notice of assessment was sent in respect of the taxation year and before that time.
(2) Subsection (1) applies in respect of business
activities in a TFSA for the 2019 and subsequent taxation years. 30 (1) Subsection 149(1) of the Act is amended by adding the following after paragraph (g):
Registered journalism organizations (h) a registered journalism organization;
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(2) Subsection (1) comes into force on January 1, 2020. 31 (1) The definition qualified donee in subsection
149.1(1) of the Act is amended by adding the following after paragraph (b): (b.1) a registered journalism organization, (2) Subsection 149.1(1) of the Act is amended by adding the following in alphabetical order:
qualifying journalism organization means a corporation or trust that meets the following conditions: (a) it is a qualified Canadian journalism organization, (b) it is constituted and operated for purposes exclusively related to journalism, (c) any business activities it carries on are related to its purposes, (d) it has trustees or a board of directors, each of whom deals at arm’s length with each other, (e) it is not controlled, directly or indirectly in any
manner whatever, by a person or by a group of persons that do not deal with each other at arm’s length, (f) it may not, in a taxation year, receive gifts from any
one source that represent more than 20% of its total revenues (including donations) for the taxation year, other than a gift (i) made by way of bequest, (ii) made within 12 months after the time the organization is first registered, or (iii) approved, on a case-by-case basis, by the Minister, and (g) no part of its income is payable to, or otherwise available for the personal benefit of, any proprietor, member, shareholder, director, trustee, settlor or like individual; (organisation journalistique admissible)
(3) Subsection 149.1(4.3) of the Act is replaced by
the following:
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Revocation of a qualified donee (4.3) The Minister may, in the manner described in section 168, revoke the registration of a qualified donee referred to in paragraph (a) or (b.1) of the definition qualified donee in subsection (1) for any reason described in subsection 168(1). (4) Section 149.1 of the Act is amended by adding the following after subsection (14):
Information returns (14.1) Every registered journalism organization shall, within six months from the end of each taxation year of the organization without notice or demand, file with the Minister both an information return and a public information return for the year in prescribed form and containing prescribed information including, for the public information return, for each donor whose total gifts to the organization in the year exceed $5,000, the name of the donor and the total amount donated.
(5) Paragraphs 149.1(15)(a) and (b) of the Act are
replaced by the following: (a) the information contained in a public information return referred to in subsection 149.1(14) or (14.1) shall be communicated or otherwise made available to the public by the Minister in such manner as the Minister deems appropriate; (b) the Minister may make available to the public in any manner that the Minister considers appropriate, in respect of each registered, or previously registered, charity, Canadian amateur athletic association, journalism organization and qualified donee referred to in paragraph (a) of the definition qualified donee in subsection (1), (i) its name, address and date of registration, (ii) in the case of a registered, or previously registered, charity, Canadian amateur athletic association or journalism organization, its registration number, and (iii) the effective date of any revocation, annulment or termination of registration; and (6) Subsection 149.1(22) of the Act is replaced by
the following:
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Refusal to register (22) The Minister may, by registered mail, give notice to
a person that the application of the person for registration as a registered charity, registered Canadian amateur athletic association, registered journalism organization or qualified donee referred to in subparagraph (a)(i) or (iii) of the definition qualified donee in subsection (1) is refused. (7) Subsections (1) to (6) come into force on January 1, 2020. 32 (1) Paragraph 152(1)(b) of the Act is replaced by the following: (b) the amount of tax, if any, deemed by subsection 120(2) or (2.2), 122.5(3), 122.51(2), 122.7(2) or (3), 122.8(4), 122.9(2), 122.91(1), 125.4(3), 125.5(3), 125.6(2), 127.1(1), 127.41(3) or 210.2(3) or (4) to be paid on account of the taxpayer’s tax payable under this Part for the year. (2) Paragraph 152(4.2)(b) of the Act is replaced by the following: (b) redetermine the amount, if any, deemed by subsection 120(2) or (2.2), 122.5(3), 122.51(2), 122.7(2) or (3), 122.8(4), 122.9(2), 122.91(1), 127.1(1), 127.41(3) or 210.2(3) or (4) to be paid on account of the taxpayer’s tax payable under this Part for the year or deemed by subsection 122.61(1) to be an overpayment on account of the taxpayer’s liability under this Part for the year.
(3) Subsections (1) and (2) are deemed to have come into force on January 1, 2019. 33 (1) Section 153 of the Act is amended by adding the following after subsection (3):
Amounts paid in error (3.1) For the purposes of this Act, an amount (referred to in this subsection as the “excess amount”) is deemed to not have been deducted or withheld under subsection (1) by a person if (a) the excess amount was, absent the application of this subsection, deducted or withheld by the person under subsection (1); (b) the excess amount is in respect of an excess payment (referred to in this subsection as the “total excess payment”) of an individual’s salary, wages or other remuneration by the person to the individual in a
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particular year, that was paid as a result of a clerical, administrative or system error; (c) before the end of the third year after the calendar year in which the excess amount is deducted or withheld, (i) the person elects in prescribed manner to have
this subsection apply in respect of the excess amount, and (ii) the individual has repaid, or made an arrangement to repay, the total excess payment less the excess amount; (d) an information return correcting for the total excess payment has not been issued by the person to the individual prior to the making of the election in subparagraph (c)(i); and (e) any additional criteria specified by the Minister have been met.
(2) Subsection (1) applies in respect of excess payments of salary, wages or other remuneration made after 2015. 34 (1) Paragraph 157(3)(e) of the Act is replaced by the following: (e) 1/12 of the total of the amounts each of which is
deemed by subsection 125.4(3), 125.5(3), 125.6(2), 127.1(1) or 127.41(3) to have been paid on account of the corporation’s tax payable under this Part for the year. (2) Paragraph 157(3.1)(c) of the Act is replaced by the following: (c) 1/4 of the total of the amounts each of which is
deemed by subsection 125.4(3), 125.5(3), 125.6(2), 127.1(1) or 127.41(3) to have been paid on account of the corporation’s tax payable under this Part for the taxation year. (3) Subsections (1) and (2) are deemed to have
come into force on January 1, 2019. 35 (1) Subsection 163(2) of the Act is amended by adding the following after paragraph (c.5): (c.6) the amount, if any, by which
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(i) the total of all amounts each of which is an
amount that would be deemed by subsection 122.91(1) to have been paid on account of the person’s tax payable under this Part for the year if those amounts were calculated by reference to the information provided in the return exceeds (ii) the total of all amounts each of which is an
amount that is deemed by subsection 122.91(1) to be a payment on account of the person’s tax payable under this Part for the taxation year, (2) Subsection 163(2) of the Act is amended by
striking out “and” at the end of paragraph (f), by adding “and” at the end of paragraph (g) and by adding the following after paragraph (g): (h) the amount, if any, by which (i) the amount that would be deemed by subsection 125.6(2) to have been paid for the year by the person if that amount were calculated by reference to the information provided in the return filed for the year pursuant to that subsection
exceeds (ii) the amount that is deemed by that subsection to be paid for the year by the person. (3) Subsections (1) and (2) are deemed to have come into force on January 1, 2019. 36 (1) Subparagraph 164(1)(a)(ii) of the Act is replaced by the following: (ii) before sending the notice of assessment for the
year, where the taxpayer is a qualified corporation (as defined in subsection 125.4(1)), an eligible production corporation (as defined in subsection 125.5(1)) or a qualifying journalism organization (as defined in subsection 125.6(1)) and an amount is deemed under subsection 125.4(3), 125.5(3) or 125.6(2) to have been paid on account of its tax payable under this Part for the year, refund all or part of any amount claimed in the return as an overpayment for the year, not exceeding the total of those amounts so deemed to have been paid, and (2) Subsection (1) is deemed to have come into force on January 1, 2019. 37 (1) Paragraph 168(1)(c) of the Act is replaced
by the following:
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(c) in the case of a registered charity, registered Canadian amateur athletic association or registered journalism organization, fails to file an information return as and when required under this Act or a regulation;
(2) Paragraph 168(1)(f) of the Act is replaced by the following: (f) in the case of a registered Canadian amateur athletic association or registered journalism organization, accepts a gift the granting of which was expressly or implicitly conditional on the association or organization making a gift to another person, club, society, association or organization. (3) The portion of subsection 168(2) of the Act before paragraph (b) is replaced by the following:
Revocation of registration (2) If the Minister gives notice under subsection (1) to a registered charity, to a registered Canadian amateur athletic association or to a registered journalism organization, (a) if it has applied to the Minister in writing for the
revocation of its registration, the Minister shall, forthwith after the mailing of the notice, publish a copy of the notice in the Canada Gazette, and on that publication of a copy of the notice, the registration is revoked; and (4) The portion of subsection 168(2) of the English version of the Act after paragraph (a) is replaced by the following: (b) in any other case, the Minister may, after the expiration of 30 days from the day of mailing of the notice, or after the expiration of such extended period from the day of mailing of the notice as the Federal Court of Appeal or a judge of that Court, on application made at any time before the determination of any appeal pursuant to subsection 172(3) from the giving of the notice, may fix or allow, publish a copy of the notice in the Canada Gazette, and on that publication of a copy of the notice, the registration is revoked. (5) Paragraph 168(4)(c) of the Act is replaced by the following: (c) in the case of a person described in any of subparagraphs (a)(i) to (v) and paragraph (b.1) of the definition qualified donee in subsection 149.1(1), that is
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or was registered by the Minister as a qualified donee or is an applicant for such registration, it objects to a notice under any of subsections (1) and 149.1(4.3) and (22). (6) Subsections (1) to (5) come into force on January 1, 2020. 38 (1) Paragraph 172(3)(a.2) of the Act is replaced
by the following: (a.2) confirms a proposal or decision in respect of
which a notice was issued under any of subsections 149.1(4.3) and (22) and 168(1) by the Minister, to a person that is a person described in any of subparagraphs (a)(i) to (v) and paragraph (b.1) of the definition qualified donee in subsection 149.1(1) that is or was registered by the Minister as a qualified donee or is an applicant for such registration, or does not confirm or vacate that proposal or decision within 90 days after service of a notice of objection by the person under subsection 168(4) in respect of that proposal or decision, (2) Subsection (1) comes into force on January 1, 2020. 39 (1) Subsections 188.1(6) to (9) of the Act are replaced by the following:
Failure to file information returns (6) Every registered charity, registered Canadian amateur athletic association and registered journalism organization that fails to file a return for a taxation year as and when required by subsection 149.1(14) or (14.1) is liable to a penalty equal to $500.
Incorrect information (7) Except where subsection (8) or (9) applies, every registered charity, registered Canadian amateur athletic association and registered journalism organization that issues, in a taxation year, a receipt for a gift otherwise than in accordance with this Act and the regulations is liable for the taxation year to a penalty equal to 5% of the amount reported on the receipt as representing the amount in respect of which a taxpayer may claim a deduction under subsection 110.1(1) or a credit under subsection 118.1(3).
Increased penalty for subsequent assessment (8) Except where subsection (9) applies, if the Minister has, less than five years before a particular time, assessed a penalty under subsection (7) or this subsection for a
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taxation year of a registered charity, registered Canadian amateur athletic association or registered journalism organization and, after that assessment and in a subsequent taxation year, it issues, at the particular time, a receipt for a gift otherwise than in accordance with this Act and the regulations, it is liable for the subsequent taxation year to a penalty equal to 10% of the amount reported on the receipt as representing the amount in respect of which a taxpayer may claim a deduction under subsection 110.1(1) or a credit under subsection 118.1(3).
False information (9) If at any time a person makes or furnishes, participates in the making of or causes another person to make or furnish a statement that the person knows, or would reasonably be expected to know but for circumstances amounting to culpable conduct (as defined in subsection 163.2(1)), is a false statement (as defined in subsection 163.2(1)) on a receipt issued by, on behalf of or in the name of another person for the purposes of subsection 110.1(2) or 118.1(2), the person (or, where the person is an officer, employee, official or agent of a registered charity, registered Canadian amateur athletic association or registered journalism organization, the charity, association or organization) is liable for their taxation year that includes that time to a penalty equal to 125% of the amount reported on the receipt as representing the amount in respect of which a taxpayer may claim a deduction under subsection 110.1(1) or a credit under subsection 118.1(3).
(2) Subsection (1) comes into force on January 1, 2020. 40 (1) The portion of subsection 188.2(1) of the
Act before paragraph (a) is replaced by the following: Notice of suspension with assessment 188.2 (1) The Minister shall, with an assessment referred to in this subsection, give notice by registered mail to a registered charity, registered Canadian amateur athletic association or registered journalism organization that its authority to issue an official receipt referred to in Part XXXV of the Income Tax Regulations is suspended for one year from the day that is seven days after the day on which the notice is mailed, if the Minister has
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assessed the charity, association or organization for a taxation year for (2) Subsection 188.2(2.1) of the Act is replaced by
the following: Suspension – failure to report (2.1) If a registered charity, a registered Canadian amateur athletic association or a registered journalism organization fails to report information that is required to be included in a return filed under subsection 149.1(14) or (14.1), the Minister may give notice by registered mail to the charity, association or organization that its authority to issue an official receipt referred to in Part XXXV of the Income Tax Regulations is suspended from the day that is seven days after the day on which the notice is mailed until such time as the Minister notifies the charity, association or organization that the Minister has received the required information in prescribed form. (3) Subsections (1) and (2) come into force on January 1, 2020. 41 (1) The portion of subsection 230(2) of the Act
before paragraph (a) is replaced by the following: Records and books (2) Every qualified donee referred to in paragraphs (a) to (c) of the definition qualified donee in subsection 149.1(1) shall keep records and books of account — in the case of a qualified donee referred to in any of subparagraphs (a)(i) and (iii) and paragraphs (b), (b.1) and (c) of that definition, at an address in Canada recorded with the Minister or designated by the Minister — containing (2) Subsection (1) comes into force on January 1, 2020. 42 (1) The portion of subsection 241(3.2) of the
Act before paragraph (a) is replaced by the following: Certain qualified donees (3.2) An official may provide to any person the following taxpayer information relating to another person (in this subsection referred to as the “registrant”) that was at any time a registered charity, registered Canadian amateur athletic association or registered journalism organization:
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(2) Paragraph 241(3.2)(f) of the Act is replaced by the following: (f) financial statements required to be filed with an information return referred to in subsection 149.1(14) or (14.1); (3) Section 241 of the Act is amended by adding
the following after subsection (3.3):
Information may be communicated (3.4) The Minister may communicate or otherwise make available to the public, in any manner that the Minister considers appropriate, the following taxpayer information: (a) the names of each organization with respect to
which an individual can be entitled to a deduction under subsection 118.02(2); and (b) the start and, if applicable, end of the period in
which paragraph (a) applies in respect of any particular organization. (4) Paragraph 241(4)(d) of the Act is amended by adding the following after subparagraph (xvi): (xvi.1) to a person employed or engaged in the service of an office or agency, of the Government of Canada or of a province, whose mandate includes the provision of assistance (as defined in subsection 125.6(1)) in respect of qualified Canadian journalism organizations, solely for the purpose of the administration or enforcement of the program under which the assistance is offered, (xvi.2) to a body referred to in paragraph (b) of the definition qualified Canadian journalism organization in subsection 248(1), solely for the purpose of determining eligibility for designation under that paragraph, (5) Subsections (1) and (2) come into force on January 1, 2020. 43 (1) The definition passenger vehicle in subsection 248(1) of the Act is replaced by the following: passenger vehicle means an automobile (a) acquired after June 17, 1987, other than an automobile that is acquired after that date pursuant to an
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obligation in writing entered into before June 18, 1987 or that is a zero-emission vehicle, or (b) leased under a lease entered into, extended or renewed after June 17, 1987; (voiture de tourisme)
(2) Subsection 248(1) of the Act is amended by adding the following in alphabetical order:
qualified Canadian journalism organization, at any time, means a corporation, partnership or trust that (a) meets the following conditions: (i) in the case of a corporation, (A) it is incorporated under the laws of Canada or a province, (B) the chairperson or other presiding officer, and at least 3/4 of the directors or other similar officers, are citizens of Canada, and (C) it is resident in Canada, (ii) in the case of a partnership, (A) it is formed under the laws of a province,
and (B) individuals who are citizens of Canada or persons, or partnerships, described in any of subparagraphs (i) to (iii) hold interests in the partnership (I) representing in value at least 75% of the total value of the partnership property, and (II) that result in at least 75% of each income
or loss of the partnership from any source being included in the determination of their incomes, (iii) in the case of a trust, (A) it is formed under the laws of a province, (B) it is resident in Canada, and (C) if interests as a beneficiary under the trust
are held by one or more persons or partnerships, at least 75% of the fair market value of all interests as a beneficiary under the trust are held by (I) individuals who are citizens of Canada, or
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(II) persons or partnerships described in any
of subparagraphs (i) to (iii), (iv) it operates in Canada, including that its content is edited, designed and, except in the case of digital content, published in Canada, (v) it is primarily engaged in the production of original news content, which (A) must be primarily focused on matters of general interest and reports of current events, including coverage of democratic institutions and processes, and (B) must not be primarily focused on a particular topic such as industry-specific news, sports, recreation, arts, lifestyle or entertainment, (vi) it regularly employs two or more journalists
who deal at arm’s length with the organization in the production of its content, (vii) it is not significantly engaged in the production of content (A) to promote the interests, or report on the activities, of an organization, an association or its members, (B) for a government, Crown corporation or government agency, or (C) to promote goods or services, and (viii) it is not a Crown corporation, municipal corporation or government agency, and (b) is designated at that time by the Minister and, for this purpose, the Minister shall take into account any recommendations of a body established for the purpose of this definition; (organisation journalistique canadienne qualifiée)
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(3) Subsection 248(1) of the Act is amended by adding the following in alphabetical order:
registered journalism organization means a qualifying journalism organization (as defined in subsection 149.1(1)) that has applied to the Minister in prescribed form for registration, that has been registered and whose registration has not been revoked; (organisation journalistique enregistrée) (4) Subsection 248(1) of the Act is amended by adding the following in alphabetical order:
zero-emission passenger vehicle, of a taxpayer, means an automobile of the taxpayer that is included in Class 54 of Schedule II to the Income Tax Regulations; (voiture de tourisme zéro émission) zero-emission vehicle, of a taxpayer, means a motor vehicle that (a) is a plug-in hybrid that meets prescribed conditions or is fully (i) electric, or (ii) powered by hydrogen, (b) is acquired, and becomes available for use, by the taxpayer after March 18, 2019 and before 2028, and (c) is not a vehicle (i) that has been used, or acquired for use, for any
purpose before it was acquired by the taxpayer, or (ii) in respect of which (A) the taxpayer has, at any time, made an election under subsection 1103(2j) of the Income Tax Regulations, (B) assistance has been paid by the Government
of Canada under a prescribed program, or (C) an amount has been deducted under paragraph 20(1)(a) or subsection 20(16) by another person or partnership. (véhicule zéro émission)
(5) Subsections 248(17) and (17.1) of the Act are
replaced by the following:
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Application of subsection (16) to certain vehicles and aircraft (17) If the input tax credit of a taxpayer under Part IX of
the Excise Tax Act in respect of a passenger vehicle, zeroemission passenger vehicle or aircraft is determined with reference to subsection 202(4) of that Act, subparagraphs (16)(a)(i) to (iii) are to be read as they apply in respect of the vehicle or aircraft, as the case may be, as follows: (i) at the beginning of the first taxation year or fiscal period of the taxpayer commencing after the end of the taxation year or fiscal period, as the case may be, in which the goods and services tax in respect of such property was considered for the purposes of determining the input tax credit to be payable, if the tax was considered for the purposes of determining the input tax credit to have become payable in the reporting period, or (ii) if no such tax was considered for the purposes
of determining the input tax credit to have become payable in the reporting period, at the end of the reporting period; or Application of subsection (16.1) to certain vehicles and aircraft (17.1) If the input tax refund of a taxpayer under An Act respecting the Québec sales tax, R.S.Q., c. T-0.1, in respect of a passenger vehicle, zero-emission passenger vehicle or aircraft is determined with reference to section 252 of that Act, subparagraphs (16.1)(a)(i) to (iii) are to be read as they apply in respect of the vehicle or aircraft, as the case may be, as follows: (i) at the beginning of the first taxation year or fiscal period of the taxpayer that begins after the end of the taxation year or fiscal period, as the case may be, in which the Quebec sales tax in respect of such property was considered for the purposes of determining the input tax refund to be payable, if the tax was considered for the purposes of determining the input tax refund to have become payable in the reporting period, or (ii) if no such tax was considered for the purposes of determining the input tax refund to have become payable in the reporting period, at the end of the reporting period; or (6) Subsections (1), (4) and (5) are deemed to have come into force on March 19, 2019. (7) Subsection (2) is deemed to have come into force on January 1, 2019.
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(8) Subsection (3) comes into force on January 1, 2020. 44 (1) The portion of subsection 253.1(2) of the
Act before paragraph (a) is replaced by the following: Investments in limited partnerships (2) For the purposes of section 149.1 and subsections
188.1(1) and (2), if a registered charity, a registered Canadian amateur athletic association or a registered journalism organization holds an interest as a member of a partnership, the member shall not, solely because of its acquisition and holding of that interest, be considered to carry on any business of the partnership if
(2) Subsection (1) comes into force on January 1, 2020. R.S., c. C-8
Canada Pension Plan Amendments to the Act 45 The Canada Pension Plan is amended by adding the following after section 21:
Excess payment — amount deemed not deducted 21.01 (1) Subject to subsection (2), an amount deducted by an employer under subsection 21(1) for a year after 2015 in respect of an excess payment that was paid — as a result of a clerical, administrative or system error — as remuneration to an employee in respect of pensionable employment is deemed not to have been deducted for the purposes of this Act if (a) before the end of the third year after the calendar
year in which the amount was deducted, (i) the employer elects to have this section apply in
respect of the amount, and (ii) the employee has repaid, or made an arrangement to repay, the employer; (b) the employer has not filed an information return correcting for the excess payment before making the election referred to in subparagraph (a)(i); and
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(c) any additional conditions specified by the Minister
are met. Determination of amount (2) For the purposes of subsection (1), the amount that is
deemed not to have been deducted is the amount that was deducted by the employer or, if the amount determined by the following formula is less than the amount that was deducted by the employer, the amount determined by the formula A−B
where A
is the aggregate of all amounts that were deducted by the employer as the employee’s contributions for the year in question; and
B
is the aggregate of all amounts that would have been deducted by the employer as the employee’s contributions for that year had the employer not made the excess payment referred to in subsection (1).
46 (1) Section 38 of the Act is amended by adding
the following after subsection (3.2):
Refund — section 21.01 amounts (3.3) If an amount remitted by an employer is deemed
under section 21.01 not to have been deducted, the Minister may refund that amount to the employer if the employer applies to the Minister for the refund within four years after the end of the year for which the amount was remitted. (2) Section 38 of the Act is amended by adding the following after subsection (7):
Non-application — subsection (7) (8) Subsection (7) does not apply in respect of an amount
referred to in subsection (3.3) that is refunded or applied under this Act to any other liability.
Coming into Force Non-application — subsection 114(2) of Canada Pension Plan 47 (1) Subsection 114(2) of the Canada Pension Plan does not apply in respect of the amendments to that Act contained in sections 45 and 46 of this Act.
Order in council (2) Sections 45 and 46 come into force, in accordance with subsection 114(4) of the Canada
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Pension Plan, on a day to be fixed by order of the Governor in Council. R.S., c. C-51
Cultural Property Export and Import Act 1991, c. 49, s. 218(1)
48 (1) Subsection 32(1) of the Cultural Property Export and Import Act is replaced by the following:
Request for determination of Review Board 32 (1) For the purposes of subparagraph 39(1)(a)(i.1), paragraph 110.1(1)(c), the definition total cultural gifts in subsection 118.1(1) and subsection 118.1(10) of the Income Tax Act, where a person disposes of or proposes to dispose of an object to an institution or a public authority designated under subsection (2), the person, institution or public authority may request, by notice in writing given to the Review Board, a determination by the Review Board as to whether the object meets the criterion set out in paragraph 29(3)(b) and a determination by the Review Board of the fair market value of the object. (2) Subsection (1) is deemed to have come into force on March 19, 2019. 1995, c. 38, s. 2
49 (1) Subsection 33(1) of the Act is replaced by the following:
Income tax certificate 33 (1) Where the Review Board determines or redetermines the fair market value of an object in respect of which a request was made under section 32 and determines that the object meets the criterion set out in paragraph 29(3)(b), it shall, where the object has been irrevocably disposed of to a designated institution or public authority, issue to the person who made the disposition a certificate attesting to the fair market value and to the meeting of that criterion , in such form as the Minister of National Revenue may specify. (2) Subsection (1) is deemed to have come into force on March 19, 2019. 1996, c. 23
Employment Insurance Act 50 The Employment Insurance Act is amended by adding the following after section 82:
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Excess payment — amount deemed not deducted 82.01 (1) Subject to subsection (2), an amount deducted by an employer under subsection 82(1) for a year after 2015 in respect of an excess payment that was paid — as a result of a clerical, administrative or system error — as remuneration to an insured person is deemed not to have been deducted for the purposes of this Act if (a) before the end of the third year after the calendar year in which the amount was deducted, (i) the employer elects to have this section apply in
respect of the amount, and (ii) the insured person has repaid, or made an arrangement to repay, the employer; (b) the employer has not filed an information return
correcting for the excess payment before making the election referred to in subparagraph (a)(i); and (c) any additional conditions specified by the Minister are met.
Determination of amount (2) For the purposes of subsection (1), the amount that is
deemed not to have been deducted is the amount that was deducted by the employer or, if the amount determined by the following formula is less than the amount that was deducted by the employer, the amount determined by the formula A−B
where A
is the aggregate of all amounts that were deducted by the employer as the employee’s premiums for the year in question; and
B
is the aggregate of all amounts that would have been deducted by the employer as the employee’s premiums for that year had the employer not made the excess payment referred to in subsection (1).
51 (1) Section 96 of the Act is amended by adding
the following after subsection (3):
Refund — section 82.01 amounts (3.1) If an amount remitted by an employer is deemed
under section 82.01 not to have been deducted, the Minister may refund that amount to the employer if the employer applies to the Minister for the refund within three years after the end of the year for which the amount was remitted.
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2014, c. 39, s. 225(2)
(2) Subsection 96(13.1) of the Act is replaced by
the following: No interest payable (13.1) Despite subsection (13), no interest shall be paid
on a refund payable under subsection (3.1), (8.7), (8.91), (8.94), (8.97) or (8.98) or on the amount of a refund payable under any of those subsections that is applied under this Act to any other liability. C.R.C., c. 945
Income Tax Regulations 52 (1) Paragraph 1100(1)(a) of the Income Tax Regulations is amended by striking out “and” at the end of subparagraph (xxxviii) and by adding the following after subparagraph (xxxix): (xl) of Class 54, 30 per cent, and (xli) of Class 55, 40 per cent, (2) Subparagraph 1100(1)(b)(i) of the Regulations is replaced by the following: (i) if the capital cost of the property was incurred in
the taxation year and after November 12, 1981, (A) if the property is an accelerated investment
incentive property and the capital cost of the property was incurred before 2024, the lesser of (I) 150 per cent of the amount for the year calculated in accordance with Schedule III, and (II) the amount determined for paragraph 1(b) of Schedule III, and (B) if the property is not an accelerated investment incentive property and is not described in any of subparagraphs (b)(iii) to (v) of the description of F in subsection (2), 50 per cent of the amount for the year calculated in accordance with Schedule III, and
(3) Subparagraph 1100(1)(c)(i) of the Regulations
is replaced by the following: (i) the total of (A) the aggregate of the amounts for the year obtained by apportioning the capital cost to the taxpayer of each property over the life of the
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property remaining at the time the cost was incurred, and (B) if the property is accelerated investment incentive property, the portion of the amount determined under clause (A) that is in respect of the property multiplied by (I) 0.5, if the property becomes available for
use in the year and before 2024, and (II) 0.25, if the property becomes available for
use in the year and after 2023, and (4) Subparagraph 1100(1)(ta)(v) of the Regulations is replaced by the following: (v) property described in any of subparagraphs
(b)(iii) to (v) of the description of F in subsection (2), (5) Subparagraph 1100(1)(v)(iv) of the Regulations is replaced by the following: (iv) the capital cost of the property to the taxpayer
multiplied by (A) 50 per cent, in the case of an accelerated investment incentive property acquired in the year and before 2024, (B) 16 2/3 per cent, in the case of property acquired in the year, other than (I) accelerated investment incentive property, and (II) property described in any of subparagraphs (b)(iii) to (v) of the description of F in subsection (2), and (C) 33 1/3 per cent, in any other case, and (6) Subsection 1100(2) of the Regulations is replaced by the following: (2) The amount that a taxpayer may deduct for a taxation year under subsection (1) in respect of property of a class in Schedule II is to be determined as if the undepreciated capital cost to the taxpayer at the end of the taxation year (before making any deduction under subsection (1) for the taxation year) of property of the class were adjusted by adding the positive or negative amount determined by the formula A(B) − 0.5(C)
where
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A
is, in respect of property of the class that became available for use by the taxpayer in the taxation year and that is accelerated investment incentive property or property included in Class 54 or 55, (a) if the property is not included in paragraph
(1)(v) or in any of Classes 12, 13, 14, 15, 43.1, 43.2, 53, 54 and 55 or in Class 43 in the circumstances described in paragraph (d), (i) 1/2, for property that became available for
use by the taxpayer before 2024, and (ii) nil, for property that became available for use by the taxpayer after 2023, (b) if the class is Class 43.1, (i) 2 1/3, for property that became available for
use by the taxpayer before 2024, (ii) 1 1/2, for property that became available
for use by the taxpayer in 2024 or 2025, and (iii) 5/6, for property that became available for
use by the taxpayer after 2025, (c) if the class is Class 43.2, (i) 1, for property that became available for use
by the taxpayer before 2024, (ii) 1/2, for property that became available for use by the taxpayer in 2024, and (iii) nil, in any other case, (d) if the property is included in Class 53 or — for
property acquired after 2025 — is included in Class 43 and would have been included in Class 53 if it had been acquired in 2025, (i) 1, for property that became available for use
by the taxpayer before 2024, (ii) 1/2, for property that became available for use by the taxpayer in 2024 or 2025, and (iii) 5/6, for property that became available for
use by the taxpayer after 2025, (e) if the class is Class 54, (i) 2 1/3, for property that became available for
use by the taxpayer before 2024, (ii) 1 1/2, for property that became available
for use by the taxpayer in 2024 or 2025, and (iii) 5/6, for property that became available for
use by the taxpayer after 2025, (f) if the class is Class 55, (i) 1 1/2, for property that became available for
use by the taxpayer before 2024,
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(ii) 7/8, for property that became available for use by the taxpayer in 2024 or 2025, and (iii) 3/8, for property that became available for
use by the taxpayer after 2025, and (g) in any other case, nil; B
is the amount determined, in respect of the class, by the formula D−E
where
C
D
is the total of all amounts, if any, each of which is an amount included in the description of A in the definition undepreciated capital cost in subsection 13(21) of the Act in respect of property of the class that became available for use by the taxpayer in the taxation year and that is accelerated investment incentive property or property included in Class 54 or 55, as the case may be, and
E
is the amount, if any, by which the amount determined for G exceeds the amount determined for F in the description of C; and
is the amount determined, in respect of the class, by the formula F−G
where F
is the total of all amounts each of which (a) is an amount added to the undepreciated capital cost to the taxpayer of property of the class (i) because of element A in the definition
undepreciated capital cost in subsection 13(21) of the Act in respect of property (other than accelerated investment incentive property) that was acquired, or became available for use, by the taxpayer in the taxation year, or (ii) because of element C or D in the definition undepreciated capital cost in subsection 13(21) of the Act in respect of an amount that was repaid in the taxation year, and (b) is not in respect of (i) property included in paragraph (1)(v), in paragraph (w) of Class 10 or in any of paragraphs (a) to (c), (e) to (i), (k), (l) and (p) to (s) of Class 12, (ii) property included in any of Classes 13, 14, 15, 23, 24, 27, 29, 34, 52, 54 and 55,
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(iii) where the taxpayer was a corporation described in subsection (16) throughout the taxation year, property that was specified leasing property of the taxpayer at that time, (iv) property that was deemed to have
been acquired by the taxpayer in a preceding taxation year by reason of the application of paragraph 16.1(1)(b) of the Act in respect of a lease to which the property was subject immediately before the time at which the taxpayer last acquired the property, or (v) property considered to have become available for use by the taxpayer in the taxation year by reason of paragraph 13(27)(b) or (28)(c) of the Act, and G
is the total of all amounts each of which is an amount deducted from the undepreciated capital cost to the taxpayer of property of the class (a) because of element F or G in the definition undepreciated capital cost in subsection 13(21) of the Act in respect of property disposed of in the taxation year, or (b) because of element J in the definition undepreciated capital cost in subsection 13(21) of the Act in respect of an amount the taxpayer received or was entitled to receive in the taxation year.
Straddle years (2.01) For the purposes of subsection (2), (a) if a taxation year begins in 2023 and ends in 2024, the factor determined for A in subsection (2) is to be replaced by the factor determined by the formula (A(B) + C(D))/(B + D)
where A
is the factor otherwise determined for A in subsection (2) for 2023,
B
is the amount that would be determined for D in subsection (2) if the only property that became available for use by the taxpayer in the taxation
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year were property that became available for use by the taxpayer in 2023, C
is the factor otherwise determined for A in subsection (2) for 2024, and
D
is the amount that would be determined for D in subsection (2) if the only property that became available for use by the taxpayer in the taxation were property that became available for use by the taxpayer in 2024; and
(b) if a taxation year begins in 2025 and ends in 2026, the factor determined for A in subsection (2) is to be replaced by the factor determined by the formula (A(B) + C(D))/(B + D)
where A
is the factor otherwise determined for A in subsection (2) for 2025,
B
is the amount that would be determined for D in subsection (2) if the only property that became available for use by the taxpayer in the taxation year were property that became available for use by the taxpayer in 2025,
C
is the factor otherwise determined for A in subsection (2) for 2026, and
D
is the amount that would be determined for D in subsection (2) if the only property that became available for use by the taxpayer in the taxation year were property that became available for use by the taxpayer in 2026.
Expenditures before November 21, 2018 (2.02) For the purposes of subsection (2), in respect of
property of a class in Schedule II that is accelerated investment incentive property of a taxpayer solely because of subparagraph 1104(4)(b)(i), (a) no amount is to be included in respect of the property in determining the amount for D in subsection (2) in respect of the class to the extent that the amount includes expenditures incurred by any person or partnership before November 21, 2018, unless the person
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or partnership from which the taxpayer acquired the property dealt at arm’s length with the taxpayer and held the property as inventory; and (b) any amount excluded from the amount determined for D in subsection (2) in respect of the class because of paragraph (a) is to be included in determining the amount for F in subsection (2) in respect of the class, unless no amount in respect of the property would be so included if the property were not accelerated investment incentive property of the taxpayer.
(7) Paragraph 1100(2.2)(h) of the Regulations is replaced by the following: (h) no amount shall be included in determining an
amount for F in subsection (2) in respect of the property; (8) Paragraph 1100(2.2)(k) of the Regulations is
replaced by the following: (k) if the property is a property described in paragraph (1)(v), its subparagraph (iv) shall be read, in respect of the property, as “33 1/3 per cent of the capital cost of the property to the taxpayer, and”. (9) Subsection 1100(2.3) of the Regulations is replaced by the following: (2.3) If a taxpayer has disposed of a property and, because of paragraph (2.2)(h), no amount is required to be included in determining an amount for F in subsection (2) in respect of the property by the person that acquired the property, no amount shall be included by the taxpayer in determining an amount for G in subsection (2) in respect of the disposition of the property. 53 (1) The portion of subsection 1102(14) of the
Regulations before paragraph (a) is replaced by the following: (14) Subject to subsections (14.11) to (14.13), for the purposes of this Part and Schedule II, if a property is acquired by a taxpayer (2) Section 1102 of the Regulations is amended by adding the following after subsection (14.12): (14.13) Subsection (14) does not apply to an acquisition of property by a taxpayer from a person in respect of
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which the property is a zero-emission vehicle included in Class 54 or 55. (3) Section 1102 of the Regulations is amended by adding the following after subsection (20): (20.1) For the purposes of subsection 1104(4), if, in the
absence of this subsection, a taxpayer would be considered to be dealing at arm’s length with another person or partnership as a result of a transaction or series of transactions the principal purpose of which may reasonably be considered to have been to cause one or more properties of the taxpayer to qualify as accelerated investment incentive property, the taxpayer shall be considered not to be dealing at arm’s length with the other person or partnership in respect of the acquisition of those properties. (4) Section 1102 of the Regulations is amended by
adding the following after subsection (25): (26) For the purpose of the definition zero-emission vehicle in subsection 248(1) of the Act, (a) it is a prescribed condition that the motor vehicle
has a battery capacity of at least 7 kWh; and (b) the federal purchase incentive announced on March 19, 2019 is a prescribed program. (5) Subsections (1), (2) and (4) are deemed to have come into force on March 19, 2019. 54 (1) Section 1103 of the Regulations is amended by adding the following after subsection (2i): (2j) A taxpayer may, in its return of income filed with the
Minister on or before its filing-due date for the taxation year in which a property is acquired, elect not to include the property in Class 54 or 55 in Schedule II, as the case may be. (2) Subsection (1) is deemed to have come into force on March 19, 2019. 55 (1) Section 1104 of the Regulations is amended
by adding the following after subsection (3): (4) For the purposes of this Part and Schedules II to VI, accelerated investment incentive property means
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property of a taxpayer (other than property included in Class 54 or 55) that (a) is acquired by the taxpayer after November 20,
2018 and becomes available for use before 2028; and (b) meets either of the following conditions: (i) the property (A) has not been used for any purpose before it
was acquired by the taxpayer, and (B) is not a property in respect of which an
amount has been deducted under paragraph 20(1)(a) or subsection 20(16) of the Act by another person or partnership, or (ii) the property was not (A) acquired in circumstances where (I) the taxpayer was deemed to have been allowed or deducted an amount under paragraph 20(1)(a) of the Act in respect of the property in computing income for previous taxation years, or (II) the undepreciated capital cost of depreciable property of a prescribed class of the taxpayer was reduced by an amount determined by reference to the amount by which the capital cost of the property to the taxpayer exceeds its cost amount, or (B) previously owned or acquired by the taxpayer or by a person or partnership with which the taxpayer did not deal at arm’s length at any time when the property was owned or acquired by the person or partnership.
(2) Paragraph 1104(17)(a) of the Regulations is replaced by the following: (a) the property is (i) included in Class 43.1 because of its subparagraph (c)(i), or (ii) described in
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(A) any of subparagraphs (d)(vii) to (ix), (xi), (xiii), (xiv), (xvi) and (xvii) of Class 43.1, or (B) paragraph (a) of Class 43.2; and (3) Subsection (2) applies to property acquired after March 21, 2016 that has not been used or acquired for use before March 22, 2016. However, in respect of property acquired before March 22, 2017, clause 1104(17)(a)(ii)(A) of the Regulations, as enacted by subsection (2), is to be read as follows: (A) any of subparagraphs (d)(viii), (ix), (xi), (xiii), (xiv), (xvi) and (xvii) of Class 43.1, or 56 (1) Subsection 1106(3) of the Regulations is
amended by striking out “and” at the end of paragraph (d), by adding “and” at the end of paragraph (e) and by adding the following after paragraph (e): (f) the Memorandum of Understanding between the Government of Canada and the Respective Governments of the Flemish, French and German-Speaking Communities of the Kingdom of Belgium concerning Audiovisual Coproduction. (2) Subsection (1) is deemed to have come into
force on March 12, 2018. 57 (1) The definition registered organization in
section 3500 of the Regulations is replaced by the following: registered organization means a registered charity, a registered Canadian amateur athletic association, registered journalism organization or a registered national arts service organization. (organisation enregistrée) (2) Subsection (1) comes into force on January 1, 2020. 58 (1) Paragraphs 5800(1)(d) and (e) of the Regulations are replaced by the following: (d) in respect of (i) any record of the minutes of meetings of the executive of a registered charity, registered Canadian amateur athletic association or registered journalism organization, (ii) any record of the minutes of meetings of the members of a registered charity, registered
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Canadian amateur athletic association or registered journalism organization, and (iii) all documents and by-laws governing a registered charity, registered Canadian amateur athletic association or registered journalism organization, the period ending on the day that is two years after the date on which the registration of the registered charity, the registered Canadian amateur athletic association or the registered journalism organization under the Act is revoked; (e) in respect of all records and books of account that
are not described in paragraph (d) and that relate to a registered charity, registered Canadian amateur athletic association or registered journalism organization whose registration under the Act is revoked, and in respect of the vouchers and accounts necessary to verify the information in such records and books of account, the period ending on the day that is two years after the date on which the registration of the registered charity, the registered Canadian amateur athletic association or the registered journalism organization under the Act is revoked;
(2) Subsection (1) comes into force on January 1, 2020. 59 (1) Section 7307 of the Regulations is amended by adding the following after subsection (1): (1.1) For the purposes of paragraph 13(7)(i) of the Act,
the amount prescribed in respect of a zero-emission passenger vehicle of a taxpayer is the amount determined by the formula A+B
where A
is $55,000; and
B
is the sum that would have been payable in respect of federal and provincial sales taxes on the acquisition of the vehicle if it had been acquired by the taxpayer at a cost equal to A, before the application of the federal and provincial sales taxes.
(2) Subsection (1) is deemed to have come into
force on March 19, 2019.
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60 (1) The portion of paragraph 8302(3)(j) of the Regulations before subparagraph (i) is replaced by the following: (j) if the amount of the individual’s lifetime retirement
benefits depends solely on the actual amount of the pension (in this paragraph referred to as the “statutory pension”) payable to the individual under paragraph 46(1)(a) of the Canada Pension Plan or a similar provision of a provincial pension plan (as defined in section 3 of that Act), the amount of statutory pension (expressed on an annualized basis) were equal to (2) Subsection 8302(3) of the Regulations is amended by adding the following after paragraph (j): (j.1) if the amount of the individual’s lifetime retirement benefits depends on the actual amount of the pension (in this paragraph referred to as the “statutory pension”) payable to the individual under paragraphs 46(1)(a) and (b) of the Canada Pension Plan or a similar provision of a provincial pension plan (as defined in section 3 of that Act), the amount of statutory pension (expressed on an annualized basis) were equal to (i) the amount determined by the formula A×B
where A
is (A) for 2018 and preceding years, 0.25, (B) for 2019, 0.2625, (C) for 2020, 0.275, (D) for 2021, 0.29165, (E) for 2022, 0.3125, and (F) for 2023 and subsequent years, 1/3, and
B
is the lesser of the Year’s Maximum Pensionable Earnings for the particular year and, (A) in the case of an individual who renders
services throughout the particular year on a full-time basis to employers who participate in the plan, the aggregate of all amounts each of which is the individual’s remuneration for the particular year from such an employer, and (B) in any other case, the amount that it is reasonable to consider would be determined under clause (A) if the individual had rendered services throughout the particular year on a full-time basis to employers who participate in the plan, or
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(ii) at the option of the plan administrator, any other amount determined in accordance with a method for estimating the statutory pension that can be expected to result in amounts substantially similar to amounts determined under subparagraph (i);
(3) Subsections (1) and (2) are deemed to have
come into force on January 1, 2019. 61 (1) Subclauses (d)(i)(A)(I) and (II) of Class
43.1 in Schedule II to the Regulations are replaced by the following: (I) active solar heating equipment, including
such equipment that consists of above ground solar collectors, solar energy conversion equipment, solar water heaters, thermal energy storage equipment, control equipment and equipment designed to interface solar heating equipment with other heating equipment, or (II) equipment that is part of a ground source heat pump system that transfers heat to or from the ground or groundwater (but not to or from surface water such as a river, a lake or an ocean) and that, at the time of installation, meets the standards set by the Canadian Standards Association for the design and installation of earth energy systems, including such equipment that consists of piping (including above or below ground piping and the cost of drilling a well, or trenching, for the purpose of installing that piping), energy conversion equipment, thermal energy storage equipment, control equipment and equipment designed to enable the system to interface with other heating or cooling equipment, and
(2) Subclause (d)(v)(B)(I) of Class 43.1 in Schedule II to the Regulations is replaced by the following: (I) control and conditioning equipment,
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(3) The portion of subparagraph (d)(vi) of Class
43.1 in Schedule II to the Regulations before clause (A) is replaced by the following: (vi) fixed location photovoltaic equipment that is used by the taxpayer, or a lessee of the taxpayer, primarily for the purpose of generating electrical energy from solar energy if the equipment consists of solar cells or modules and related equipment including inverters, control and conditioning equipment, support structures and transmission equipment, but not including (4) Subparagraph (d)(vii) of Class 43.1 in Schedule II to the Regulations is replaced by the following: (vii) equipment used by the taxpayer, or by a lessee of the taxpayer, primarily for the purpose of generating electrical energy solely from geothermal energy, including such equipment that consists of piping (including above or below ground piping and the cost of drilling a well, or trenching, for the purpose of installing that piping), pumps, heat exchangers, steam separators, electrical generating equipment and ancillary equipment used to collect the geothermal heat, but not including buildings, transmission equipment, distribution equipment, property otherwise included in Class 10 and property that would be included in Class 17 if that Class were read without reference to its subparagraph (a.1)(i), (5) Subparagraph (d)(vii) of Class 43.1 in Schedule II to the Regulations, as enacted by subsection (4), is replaced by the following: (vii) equipment used by the taxpayer, or by a lessee of the taxpayer, primarily for the purpose of generating electrical energy or heat energy, or both electrical and heat energy, solely from geothermal energy, including such equipment that consists of piping (including above or below ground piping and the cost of completing a well (including the wellhead and production string), or trenching, for the purpose of installing that piping), pumps, heat exchangers, steam separators, electrical generating equipment and ancillary equipment used to collect the geothermal heat, but not including buildings, distribution equipment, equipment used to heat water for use in a swimming pool, equipment described in subclause (i)(A)(II), property otherwise included in Class 10 and property that would be included in Class 17 if that Class were read without reference to its paragraph (a.1),
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(6) Subparagraph (d)(xii) of Class 43.1 in Schedule II to the Regulations is replaced by the following: (xii) fixed location fuel cell equipment used by the
taxpayer, or by a lessee of the taxpayer, that uses hydrogen generated only from ancillary electrolysis equipment (or, if the fuel cell is reversible, the fuel cell itself) using electricity all or substantially all of which is generated by using kinetic energy of flowing water or wave or tidal energy (otherwise than by diverting or impeding the natural flow of the water or by using physical barriers or dam-like structures) or by geothermal, photovoltaic, wind energy conversion, or hydro-electric equipment, of the taxpayer or the lessee, and equipment ancillary to the fuel cell equipment other than buildings or other structures, transmission equipment, distribution equipment, auxiliary electrical generating equipment and property otherwise included in Class 10 or 17,
(7) Subparagraph (d)(xiv) of Class 43.1 in Schedule II to the Regulations is replaced by the following: (xiv) property that is used by the taxpayer, or by a lessee of the taxpayer, primarily for the purpose of generating electricity using kinetic energy of flowing water or wave or tidal energy (otherwise than by diverting or impeding the natural flow of the water or by using physical barriers or dam-like structures), including support structures, control and conditioning equipment, submerged cables and transmission equipment, but not including buildings, distribution equipment, auxiliary electricity generating equipment, property otherwise included in Class 10 and property that would be included in Class 17 if that class were read without reference to its subparagraph (a.1)(i),
(8) Paragraph (d) of Class 43.1 in Schedule II to the Regulations is amended by striking out “or” at the end of subparagraph (xv) and “and” at the end of subparagraph (xvi) and by adding the following after subparagraph (xvi):
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(xvii) equipment used by the taxpayer, or by a lessee of the taxpayer, for the purpose of charging electric vehicles, including charging stations, transformers, distribution and control panels, circuit breakers, conduits and related wiring, if (A) the equipment is situated (I) on the load side of an electricity meter used for billing purposes by a power utility, or (II) on the generator side of an electricity meter used to measure electricity generated by the taxpayer or the lessee, as the case may be, (B) more than 75 per cent of the electrical equipment capacity is dedicated to charging electric vehicles, and (C) the equipment is (I) an electric vehicle charging station (other
than a building) that supplies more than 10 kilowatts of continuous power, or (II) used primarily in connection with one or more electric vehicle charging stations (other than buildings) each of which supplies more than 10 kilowatts of continuous power, or (xviii) fixed location energy storage property that (A) is used by the taxpayer, or by a lessee of the
taxpayer, primarily for the purpose of storing electrical energy (I) including batteries, compressed air energy
storage, flywheels, ancillary equipment (including control and conditioning equipment) and related structures, and (II) not including buildings, pumped hydroelectric storage, hydro electric dams and reservoirs, property used solely for backup electrical energy, batteries used in motor vehicles, fuel cell systems where the hydrogen is produced via steam reformation of methane and property otherwise included in Class 10 or 17, and (B) either (I) if the electrical energy to be stored is used in connection with property of the taxpayer or a lessee of the taxpayer, as the case may be, is described in paragraph (c) or would be
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described in this paragraph if it were read without reference to this subparagraph, or (II) meets the condition that the efficiency of the electrical energy storage system that includes the property – computed by reference to the quantity of electrical energy supplied to and discharged from the electrical energy storage system – is greater than 50%, and
(9) Subsections (1) to (4) and (6) to (8) apply to
property acquired after March 21, 2016 that has not been used or acquired for use before March 22, 2016. (10) Subsection (5) applies in respect of property
acquired for use after March 21, 2017 that has not been used or acquired for use before March 22, 2017. 62 (1) Paragraphs (a) and (b) of Class 43.2 in Schedule II to the Regulations are replaced by the following: (a) otherwise than because of paragraph (d) of that Class, if the expression “6,000 BTU” in clause (c)(i)(B) of that Class were read as “4,750 BTU”; or (b) because of paragraph (d) of that Class, if (i) the expression “6,000 BTU” in clause (c)(i)(B) of that Class were read as “4,750 BTU”, (ii) subclauses (d)(xvii)(C)(I) and (II) of that Class were read as follows:
(I) an electric vehicle charging station (other than a building) that supplies at least 90 kilowatts of continuous power, or (II) used 1 primarily in connection with one or more electric vehicle charging stations
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(other than buildings) each of which supplies more than 10 kilowatts of continuous power, and 2 in connection with one or more electric
vehicle charging stations (other than buildings) each of which supplies at least 90 kilowatts of continuous power, or and (iii) clause (d)(xviii)(B) of that Class were read without reference to its subclause (II). (2) Subsection (1) applies to property acquired
after March 21, 2016 that has not been used or acquired for use before March 22, 2016. 63 (1) Schedule II to the Regulations is amended
by adding the following after Class 53:
CLASS 54 Property that is a zero-emission vehicle that is not included in Class 16 or 55.
CLASS 55 Property that is a zero-emission vehicle that would otherwise be included in Class 16. (2) Subsection (1) is deemed to have come into force on March 19, 2019. 64 Paragraph 1(a) of Schedule IV to the Regulations is replaced by the following: (a) an amount equal to (i) if the property is an accelerated investment incentive property acquired in the year, (A) if the property is acquired before 2024, 1.5
times an amount computed on the basis of a rate per cord, board foot or cubic metre cut in the taxation year, and (B) if the property is acquired after 2023, 1.25 times an amount computed on the basis of a rate per cord, board foot or cubic metre cut in the taxation year, and (ii) in any other case, an amount computed on the
basis of a rate per cord, board foot or cubic metre cut in the taxation year, and
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65 Paragraph 2(a) of Schedule IV to the Regulations is replaced by the following: (a) the undepreciated capital cost to the taxpayer as of the end of the taxation year (before making any deduction under section 1100 for the taxation year and computed as if subparagraph 1(a)(i) did not apply) of the property 66 Section 2 of Schedule V to the Regulations is
replaced by the following: 2 If the taxpayer has not been granted an allowance in respect of the mine or right for a previous taxation year, the rate for a taxation year is determined by the formula A(B – C)/D
where A
is (a) 1.5, if the property is an accelerated investment incentive property acquired before 2024, (b) 1.25, if the property is an accelerated investment incentive property acquired after 2023, and (c) 1, in any other case;
B
is the capital cost of the mine or right to the taxpayer;
C
is the residual value, if any, of the mine or right; and
D
is (a) if the taxpayer has acquired a right to remove
only a specified number of units, the specified number of units of material that the taxpayer acquired a right to remove, and (b) in any other case, the number of units of commercially mineable material estimated as being in the mine when the mine or right was acquired.
67 (1) Paragraph 3(a) of Schedule V to the Regulations is replaced by the following: (a) if paragraph (b) does not apply, (i) if section 2 applied in the previous year to determine the rate employed to determine the allowance for the year, the rate that would have been determined under section 2 if paragraph (c) of the description of A in that section applied, and
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(ii) in any other case, the rate employed to determine the allowance for the most recent year for which an allowance was granted; and (2) The portion of paragraph 3(b) of Schedule V
to the Regulations before subparagraph (i) is replaced by the following: (b) where it has been established that the number of
units of material remaining to be mined in the previous taxation year was in fact different from the quantity that was employed in determining the rate for the previous year referred to in paragraph (a), or where it has been established that the capital cost of the mine or right is substantially different from the amount that was employed in determining the rate for that previous year, a rate determined by dividing the amount that would be the undepreciated capital cost to the taxpayer of the mine or right as of the commencement of the year if paragraph (c) of the description of A in section 2 had applied in respect of each previous taxation year minus the residual value, if any, by 68 Section 2 of Schedule VI to the Regulations is
replaced by the following: 2 If the taxpayer has not been granted an allowance in respect of the limit or right for a previous taxation year, the rate for a taxation year is an amount determined by the formula A(B – (C +D))/E
where A
is (a) 1.5, if the property is an accelerated investment incentive property acquired before 2024, (b) 1.25, if the property is an accelerated investment incentive property acquired after 2023, and (c) 1, in any other case;
B
is the capital cost of the mine or right to the taxpayer;
C
is the residual value of the timber limit;
D
is the total of all amounts expended by the taxpayer after the commencement of the taxpayer’s 1949 taxation year that are included in the capital cost to the taxpayer of the timber limit or right, for surveys, cruises or preparation of prints, maps or plans for the purpose of obtaining a licence or right to cut timber; and
E
is the quantity of timber in the limit or the quantity of timber the taxpayer has obtained a right to cut, as the case may be, (expressed in cords, board feet or cubic metres) as shown by a cruise.
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Chapter 29: Budget Implementation Act, 2019, No. 1 PART 1 Income Tax Act and Other Legislation Income Tax Regulations Sections 69-71
69 (1) Paragraph 3(a) of Schedule VI to the Regulations is replaced by the following: (a) if paragraph (b) does not apply, (i) if section 2 applied in the previous year to determine the rate employed to determine the allowance for the year, the rate that would have been determined under section 2 if paragraph (c) of the description of A in that section applied, and (ii) in any other case, the rate employed to determine the allowance for the most recent year for which an allowance was granted; and (2) Subparagraph 3(b)(i) of Schedule VI to the
Regulations is replaced by the following: (i) the amount that would be the undepreciated capital cost to the taxpayer of the limit or right as of the commencement of the year if paragraph (c) of the description of A in section 2 had applied in respect of each previous taxation year, minus the residual value,
PART 2
GST/HST Measures R.S., c. E-15
Excise Tax Act 1990, c. 45, s. 12(1)
70 (1) The definition passenger vehicle in subsection 123(1) of the Excise Tax Act is replaced by the following: passenger vehicle means a passenger vehicle or a zero-emission passenger vehicle, as those terms are defined in subsection 248(1) of the Income Tax Act; (voiture de tourisme) (2) Subsection (1) is deemed to have come into force on March 19, 2019. 2007, c. 18, s. 15(1)
71 (1) The portion of the description of A in paragraph 201(b) of the French version of the Act before subparagraph (i) is replaced by the following: A
représente la taxe qui serait payable par lui relativement à la voiture s’il l’avait acquise à l’endroit ci-après au moment donné pour une contrepartie égale au montant qui
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Chapter 29: Budget Implementation Act, 2019, No. 1 PART 2 GST/HST Measures Excise Tax Act Sections 71-72
serait, selon celui des alinéas 13(7)g) à i) de la Loi de l’impôt sur le revenu qui est applicable relativement à la voiture, réputé être, pour l’application de l’article 13 de cette loi, le coût en capital pour un contribuable d’une voiture de tourisme à laquelle l’alinéa en cause s’applique s’il n’était pas tenu compte de l’élément B des formules figurant à l’alinéa 7307(1)b) et au paragraphe 7307(1.1) du Règlement de l’impôt sur le revenu : 2007, c. 18, s. 15(1)
(2) The portion of the description of A in paragraph 201(b) of the English version of the Act after subparagraph (ii) is replaced by the following:
for consideration equal to the amount that would, under whichever of paragraphs 13(7)(g) to (i) of the Income Tax Act is applicable in respect of the vehicle, be deemed to be, for the purposes of section 13 of that Act, the capital cost to a taxpayer of a passenger vehicle in respect of which that paragraph applies if the formulae in paragraph 7307(1)(b) and subsection 7307(1.1) of the Income Tax Regulations were read without reference to the description of B, (3) Subsections (1) and (2) apply to any passenger
vehicle that is acquired, imported or brought into a participating province after March 18, 2019.
2007, c. 18, s. 16(1)
72 (1) Subsection 202(1) of the Act is replaced by the following:
Improvement to passenger vehicle 202 (1) If the consideration paid or payable by a registrant for an improvement to a passenger vehicle of the registrant increases the cost to the registrant of the vehicle to an amount that exceeds the amount that would, under whichever of paragraphs 13(7)(g) to (i) of the Income Tax Act is applicable in respect of the vehicle, be deemed to be, for the purposes of section 13 of that Act, the capital cost to a taxpayer of a passenger vehicle in respect of which that paragraph applies if the formulae in paragraph 7307(1)(b) and subsection 7307(1.1) of the Income Tax Regulations were read without reference to the description of B, the tax calculated on that excess shall not be included in determining an input tax credit of the registrant for any reporting period of the registrant. (2) Subsection (1) applies to any improvement to a passenger vehicle that is acquired, imported or
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Chapter 29: Budget Implementation Act, 2019, No. 1 PART 2 GST/HST Measures Excise Tax Act Sections 72-73
brought into a participating province after March 18, 2019. 2017, c. 33, s. 125(1)
73 (1) Subparagraph (b)(ii) of the definition imported taxable supply in section 217 of the Act is replaced by the following: (ii) the recipient is not acquiring the property for consumption, use or supply exclusively in the course of its commercial activities or the property is a passenger vehicle that the recipient is acquiring for use in Canada as capital property in its commercial activities and that has a capital cost to the recipient exceeding the amount deemed under any of paragraphs 13(7)(g) to (i) of the Income Tax Act to be the capital cost of the vehicle to the recipient for the purposes of section 13 of that Act;
2017, c. 33, s. 125(2)
(2) Subparagraph (b.01)(ii) of the definition imported taxable supply in section 217 of the Act is replaced by the following: (ii) the recipient is not acquiring the property for
consumption, use or supply exclusively in the course of its commercial activities or the property is a passenger vehicle that the recipient is acquiring for use in Canada as capital property in its commercial activities and that has a capital cost to the recipient exceeding the amount deemed under any of paragraphs 13(7)(g) to (i) of the Income Tax Act to be the capital cost of the vehicle to the recipient for the purposes of section 13 of that Act;
2017, c. 33, s. 125(4)
(3) Subparagraph (b.1)(ii) of the definition imported taxable supply in section 217 of the Act is replaced by the following: (ii) the recipient is not acquiring, as the recipient of the taxable supply, the property for consumption, use or supply exclusively in the course of its commercial activities or the property is a passenger vehicle that the recipient is acquiring for use in Canada as capital property in its commercial activities and that has a capital cost to the recipient exceeding the amount deemed under any of paragraphs 13(7)(g) to (i) of the Income Tax Act to be the capital cost of the vehicle to the recipient for the purposes of section 13 of that Act;
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Chapter 29: Budget Implementation Act, 2019, No. 1 PART 2 GST/HST Measures Excise Tax Act Sections 73-75
(4) Subsections (1) to (3) apply in respect of supplies made after March 18, 2019.
2017, c. 33, s. 134(F)
74 (1) The portion of subsection 235(1) of the
French version of the Act before the formula is replaced by the following: Taxe nette en cas de location de voiture de tourisme 235 (1) Lorsque la taxe relative aux fournitures d’une voiture de tourisme, effectuées aux termes d’un bail, devient payable par un inscrit, ou est payée par lui sans être devenue payable, au cours de son année d’imposition, et que le total de la contrepartie des fournitures qui serait déductible dans le calcul du revenu de l’inscrit pour l’année pour l’application de la Loi de l’impôt sur le revenu s’il était un contribuable aux termes de cette loi et s’il n’était pas tenu compte de l’article 67.3 de cette loi, excède le montant, relatif à cette contrepartie, qui serait déductible dans le calcul du revenu de l’inscrit pour l’année pour l’application de cette loi s’il était un contribuable aux termes de cette loi et s’il n’était pas tenu compte de l’élément B des formules figurant à l’alinéa 7307(1)b), au paragraphe 7307(1.1) et à l’alinéa 7307(3)b) du Règlement de l’impôt sur le revenu, le montant obtenu par la formule ci-après est ajouté dans le calcul de la taxe nette de l’inscrit pour la période de déclaration indiquée : 2007, c. 18, s. 32(1)
(2) Paragraph 235(1)(b) of the English version of
the Act is replaced by the following: (b) the amount in respect of that consideration that
would be deductible in computing the registrant’s income for the year for the purposes of the Income Tax Act, if the registrant were a taxpayer under that Act and the formulae in paragraph 7307(1)(b), subsection 7307(1.1) and paragraph 7307(3)(b) of the Income Tax Regulations were read without reference to the description of B, (3) Subsections (1) and (2) are deemed to have come into force on March 19, 2019. 75 (1) Part II of Schedule V to the Act is amended by adding the following after section 7.3: 7.4 A supply of a service if all or substantially all of the consideration for the supply is reasonably attributable to two or more particular services, each of which meets the following conditions: (a) the particular service is rendered in the course of
making the supply; and
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Chapter 29: Budget Implementation Act, 2019, No. 1 PART 2 GST/HST Measures Excise Tax Act Sections 75-79
(b) a supply of the particular service would be a supply included in any of sections 5 to 7.3, if the particular service were supplied separately. (2) Subsection (1) applies to any supply made after March 19, 2019. 76 (1) Part I of Schedule VI to the Act is amended by adding the following after section 5: 6 A supply of an ovum, as defined in section 3 of the Assisted Human Reproduction Act. (2) Subsection (1) is deemed to have come into force on March 20, 2019. 2012, c. 19, s. 32(2)
77 (1) Paragraphs (a) and (b) of the definition
specified professional in section 1 of Part II of Schedule VI to the Act are replaced by the following: (a) in respect of a supply included in any of sections 23, 24.1 and 35, (i) a person that is entitled under the laws of a
province to practise the profession of medicine, physiotherapy, occupational therapy, chiropody or podiatry, or (ii) a registered nurse, and (b) in respect of any other supply, (i) a person that is entitled under the laws of a province to practise the profession of medicine, physiotherapy or occupational therapy, or (ii) a registered nurse. (2) Subsection (1) applies to any supply made after March 19, 2019. 78 (1) Schedule VII to the Act is amended by
adding the following after section 12: 13 In vitro embryos, as defined in section 3 of the Assisted Human Reproduction Act. (2) Subsection (1) is deemed to have come into force on March 20, 2019. 79 (1) Part I of Schedule X to the Act is amended
by adding the following after section 26: 27 In vitro embryos, as defined in section 3 of the Assisted Human Reproduction Act.
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Chapter 29: Budget Implementation Act, 2019, No. 1 PART 2 GST/HST Measures Excise Tax Act Sections 79-81
(2) Subsection (1) is deemed to have come into force on March 20, 2019. SOR/91-51; SOR/2006-162, s. 6
Streamlined Accounting (GST/HST) Regulations 80 (1) The portion of subsection 21.3(4) of the
Streamlined Accounting (GST/HST) Regulations before paragraph (a) is replaced by the following: (4) For the purposes of this Part, if any of paragraphs
13(7)(g) to (i) of the Income Tax Act deems an amount to be the capital cost to a registrant of a passenger vehicle for the purposes of section 13 of that Act, the amount, if any, by which
(2) The description of B in paragraph 21.3(4)(b) of
the Regulations is replaced by the following: B
is the amount deemed by any of paragraphs 13(7)(g) to (i) of the Income Tax Act to be the capital cost to the registrant of the vehicle for the purposes of section 13 of that Act,
(3) Subsections (1) and (2) are deemed to have come into force on March 19, 2019.
PART 3 2002, c. 22
Excise Act, 2001 2018, c. 12, s. 69(4)
81 (1) The description of B in paragraph (a) of the definition dutiable amount in section 2 of the Excise Act, 2001 is replaced by the following: B
is the percentage set out in paragraph 2(a) of Schedule 7, and
2018, c. 12, s. 69(4)
(2) Paragraphs (a) and (b) of the definition lowTHC cannabis product in section 2 of the Act are replaced by the following: (a) consisting entirely of
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Chapter 29: Budget Implementation Act, 2019, No. 1 PART 3 Excise Act, 2001 Sections 81-82
(i) fresh cannabis, (ii) dried cannabis, or (iii) oil that contains anything referred to in item 1
or 3 of Schedule 1 to the Cannabis Act and that is in liquid form at a temperature of 22 ± 2°C; and (b) any part of which does not have a maximum yield of more than 0.3% THC w/w, taking into account the potential to convert THCA into THC, as determined in accordance with the Cannabis Act. (produit du cannabis à faible teneur en THC) (3) Section 2 of the Act is amended by adding the following in alphabetical order:
dried cannabis has the same meaning as in subsection 2(1) of the Cannabis Act. (cannabis séché) fresh cannabis has the same meaning as in subsection 1(1) of the Cannabis Regulations. (cannabis frais) THCA means (ATHC)
delta-9-tetrahydrocannabinolic
acid.
total THC of a cannabis product means the total quantity of THC, in milligrams, that the cannabis product could yield, taking into account the potential to convert THCA into THC, as determined in accordance with the Cannabis Act. (THC total) (4) Subsections (1) to (3) come into force, or are deemed to have come into force, on May 1, 2019.
82 (1) Section 172 of the Act is replaced by the following: Application of interest provisions 172 For greater certainty, if an amendment to this Act,
or an amendment or enactment that relates to this Act, comes into force on, or applies as of, a particular day that is before the day on which the amendment or enactment is assented to or promulgated, the provisions of this Act and of the Customs Act, as the case may be, that relate to the calculation and payment of interest apply in respect of the amendment or enactment as though it had been assented to or promulgated on the particular day. (2) Subsection (1) comes into force, or is deemed
to have come into force, on May 1, 2019.
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Chapter 29: Budget Implementation Act, 2019, No. 1 PART 3 Excise Act, 2001 Sections 83-86
2018, c. 12, s. 84
83 (1) Paragraph (b) of the description of A in
section 233.1 of the Act is replaced by the following: (b) the amount obtained by multiplying the fair market value, at the time the contravention occurred, of the cannabis products to which the contravention relates by the percentage set out in paragraph 4(a) of Schedule 7, as that paragraph read at that time; (2) Subsection (1) comes into force, or is deemed to have come into force, on May 1, 2019. 2018, c. 12, s. 86
84 (1) Paragraph (b) of the description of A in
section 234.1 of the Act is replaced by the following: (b) the amount obtained by multiplying the fair
market value, at the time the contravention occurred, of the cannabis products to which the contravention relates by the percentage set out in paragraph 4(a) of Schedule 7, as that paragraph read at that time; (2) Subsection (1) comes into force, or is deemed
to have come into force, on May 1, 2019. 2018, c. 12, s. 87(2)
85 (1) Subparagraphs 238.1(2)(b)(i) and (ii) of the
Act are replaced by the following: (i) the dollar amount set out in subparagraph
1(a)(i) of Schedule 7, (ii) if the stamp is in respect of a specified province,
three times the dollar amount set out in subparagraph 1(a)(i) of Schedule 7, and (2) Subsection (1) comes into force, or is deemed
to have come into force, on May 1, 2019. 2018, c. 12, s. 93
86 (1) Sections 1 to 4 of Schedule 7 to the Act are
replaced by the following: 1 Any cannabis product produced in Canada or imported: the amount equal to (a) in the case of dried cannabis, fresh cannabis, cannabis plants and cannabis plant seeds, the total of (i) $0.25 per gram of flowering material included in the cannabis product or used in the production of the cannabis product,
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Chapter 29: Budget Implementation Act, 2019, No. 1 PART 3 Excise Act, 2001 Section 86
(ii) $0.075 per gram of non-flowering material included in the cannabis product or used in the production of the cannabis product, (iii) $0.25 per viable seed included in the cannabis
product or used in the production of the cannabis product, and (iv) $0.25 per vegetative cannabis plant included in the cannabis product or used in the production of the cannabis product; and (b) in any other case, $0.0025 per milligram of the total THC of the cannabis product. 2 Any cannabis product produced in Canada: the
amount obtained by multiplying the dutiable amount for the cannabis product by (a) in the case of dried cannabis, fresh cannabis,
cannabis plants and cannabis plant seeds, 2.5%; and (b) in any other case, 0%.
3 Any imported cannabis product: the amount obtained
by multiplying the value of the cannabis product by (a) in the case of dried cannabis, fresh cannabis, cannabis plants and cannabis plant seeds, 2.5%; and (b) in any other case, 0%.
4 Any cannabis product taken for use or unaccounted for: the amount obtained by multiplying the fair market value of the cannabis product by (a) in the case of dried cannabis, fresh cannabis,
cannabis plants and cannabis plant seeds, 2.5%; and (b) in any other case, 0%.
(2) Subsection (1) comes into force, or is deemed
to have come into force, on May 1, 2019 except that for the purpose of determining the amount of duty imposed on or after that day under subsection 158.19(2) of the Act on any cannabis product that is packaged before that day, section 2 of Schedule 7 to the Act is to be read as it read on April 30, 2019.
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Chapter 29: Budget Implementation Act, 2019, No. 1 PART 4 Various Measures Sections 87-88
PART 4
Various Measures DIVISION 1
Financial Sector SUBDIVISION A 1991, c. 46
Bank Act Amendments to the Act 2010, c. 12, s. 1961(2)
87 (1) Subsection 151(5) of the Bank Act is replaced by the following:
Voting (5) The by-laws of a federal credit union may, subject to the regulations, allow members to vote, prior to the meeting, subject to any conditions set out in the by-laws, (a) by mail; (b) in person, at one of its branches; (c) by telephonic or electronic means; or (d) by any other prescribed means.
2010, c. 12, s. 1961(2)
(2) Paragraph 151(6)(b) of the Act is replaced by
the following: (b) respecting the manner and conditions of voting referred to in paragraphs (5)(a) to (d) by members of federal credit unions. 1997, c. 15, s. 10
88 Subsection 156.04(1) of the Act is replaced by the following:
Mandatory solicitation 156.04 (1) Subject to subsections (2) and 140(2), the management of a bank shall, concurrently with sending notice of a meeting of shareholders, send a form of proxy that is in accordance with the regulations to each shareholder entitled to receive notice of the meeting.
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Chapter 29: Budget Implementation Act, 2019, No. 1 PART 4 Various Measures DIVISION 1 Financial Sector SUBDIVISION A Bank Act Section 89
1997, c. 15, s. 10
89 (1) Subsections 156.05(1) and (2) of the Act are
replaced by the following: Soliciting proxies 156.05 (1) A person shall not solicit proxies unless a
proxy circular that is in accordance with the regulations is sent to the auditor or auditors of the bank, to each shareholder whose proxy is solicited and, in the case set out in paragraph (b), to the bank as follows: (a) in the case of solicitation by or on behalf of the management of a bank, a management proxy circular, either as an appendix to or as a separate document accompanying the notice of meeting; and (b) in the case of any other solicitation, a dissident’s proxy circular stating the purposes of the solicitation.
Exception — limited solicitation (1.1) Despite subsection (1), a person may solicit proxies, other than by or on behalf of the management of a bank, without sending a dissident’s proxy circular, if the total number of shareholders whose proxies are solicited is 15 or fewer, with two or more joint holders being counted as one shareholder.
Exception — solicitation by public broadcast (1.2) Despite subsection (1), a person may solicit proxies, other than by or on behalf of the management of a bank, without sending a dissident’s proxy circular if the solicitation is, in the prescribed circumstances, conveyed by public broadcast, speech or publication.
Copy to Superintendent (2) A person who sends a management proxy circular or dissident’s proxy circular shall concurrently send to the Superintendent a copy of it together with the form of proxy, any other documents for use in connection with the meeting and, in the case of a management proxy circular, a copy of the notice of meeting. 1997, c. 15, s. 10
(2) Subsection 156.05(4) of the Act is replaced by
the following: Publication of exemptions (4) The Superintendent shall publish in a publication generally available to the public, a notice of a decision made by the Superintendent granting an exemption under subsection (3).
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Chapter 29: Budget Implementation Act, 2019, No. 1 PART 4 Various Measures DIVISION 1 Financial Sector SUBDIVISION A Bank Act Sections 90-92
2005, c. 54, s. 31
90 Section 156.071 of the Act is replaced by the following: Regulations 156.071 The Governor in Council may make regulations (a) respecting the powers that may be granted by a shareholder in a form of proxy; (b) respecting proxy circulars and forms of proxy, including the form and content of those documents; and (c) respecting the conditions under which a bank is exempt from any of the requirements of sections 156.02 to 156.07.
2005, c. 54
An Act to amend certain Acts in relation to financial institutions 91 Subsection 27(2) of the English version of An
Act to amend certain Acts in relation to financial institutions is amended by replacing the subparagraphs (a)(i) and (ii) of the definition solicitation that it enacts with the following: (i) a request for a proxy whether or not accompanied by or included in a form of proxy, (ii) a request to execute or not to execute or, in Quebec, to sign or not to sign a form of proxy or to revoke a proxy,
Coordinating Amendments 2005, c. 54
92 (1) In this section, other Act means An Act to
amend certain Acts in relation to financial institutions, chapter 54 of the Statutes of Canada, 2005. (2) If subsection 27(2) of the other Act comes into force before section 91 of this Act, then (a) that section 91 is deemed never to have come into force and is repealed; and (b) subparagraphs (a)(i) and (ii) of the definition solicitation in section 156.01 of the English version of the Bank Act are replaced by the following:
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Chapter 29: Budget Implementation Act, 2019, No. 1 PART 4 Various Measures DIVISION 1 Financial Sector SUBDIVISION A Bank Act Sections 92-95
(i) a request for a proxy whether or not accompanied by or included in a form of proxy, (ii) a request to execute or not to execute or, in
Quebec, to sign or not to sign a form of proxy or to revoke a proxy, (3) If subsection 27(2) of the other Act comes into force on the same day as section 91 of this Act, then that section 91 is deemed to have come into force before that subsection 27(2).
SUBDIVISION B R.S., c. C-21; 2001, c. 9, s. 218
Canadian Payments Act Amendments to the Act 2014, c. 39, s. 337
93 Subsection 9.1(1) of the Canadian Payments Act is replaced by the following:
Term of office — elected directors 9.1 (1) The elected directors hold office for a term of
three years and are eligible to be elected for two further terms. 2014, c. 39, s. 339
94 Subsection 15(1) of the Act is replaced by the
following: Chairperson and Deputy Chairperson 15 (1) The elected directors shall elect a Chairperson of
the Board and a Deputy Chairperson of the Board from among the directors referred to in paragraph 8(1)(d) for a renewable term of up to three years. However, the Chairperson and Deputy Chairperson shall each serve no more than six years in office in total. 95 (1) Subsection 18(1) of the Act is amended by adding the following after paragraph (i): (i.1) prescribing classes of members of the Stakeholder Advisory Council for the purposes of subsection 21.2(7); 2014, c. 39, s. 342(4)
(2) Subparagraph 18(1)(k)(ii) of the Act is replaced by the following:
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Chapter 29: Budget Implementation Act, 2019, No. 1 PART 4 Various Measures DIVISION 1 Financial Sector SUBDIVISION B Canadian Payments Act Sections 95-97
(ii) the remuneration of directors referred to in paragraph 8(1)(d) and of persons referred to in subsection 21.2(7), (ii.1) the payment of reasonable travel and living expenses incurred by members of the Stakeholder Advisory Council, and 2001, c. 9, s. 238
96 (1) Subsection 21.2(1) of the Act is replaced by
the following: Stakeholder Advisory Council 21.2 (1) There shall be a Stakeholder Advisory Council consisting of persons appointed by the Board in consultation with the Minister. 2014, c. 39, s. 349(1); 2001, c. 9, s. 238
(2) Subsections 21.2(3) and (4) of the Act are repealed. 2001, c. 9, s. 238; 2007, c. 6, s. 432(F)
(3) Subsections 21.2(6) and (7) of the Act are replaced by the following: Remuneration (7) The Association may pay the remuneration that is
fixed by by-law to the following persons: (a) any member of the Council that falls within a class prescribed by by-laws; and (b) any person who represents the interests of such a
member or who is represented by such a member.
Travel and living expenses (8) The members of the Council may be paid by the Association any reasonable travel and living expenses incurred by them when engaged on the business of the Council while absent from their ordinary places of residence.
Coming into Force Order in council 97 This Subdivision comes into force on a day to be fixed by order of the Governor in Council.
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Chapter 29: Budget Implementation Act, 2019, No. 1 PART 4 Various Measures DIVISION 2 Strengthening Anti-Money Laundering and Anti-Terrorist Financing Regime Sections 98-99
DIVISION 2
Strengthening Anti-Money Laundering and Anti-Terrorist Financing Regime
SUBDIVISION A R.S., c. C-44; 1994, c. 24, s. 1(F)
Canada Business Corporations Act Amendments to the Act 2018, c. 27, s. 183
98 Subsection 21.3(1) of the French version of the
Canada Business Corporations Act is replaced by the following: Communication au directeur 21.3 (1) La société assujettie à l’article 21.1 communique au directeur, à sa demande, tout renseignement figurant dans son registre des particuliers ayant un contrôle important. 99 The Act is amended by adding the following after section 21.3:
Disclosure to investigative bodies 21.31 (1) On request by an investigative body referred to in subsection (2), a corporation to which section 21.1 applies shall, as soon as feasible after the request is served on the corporation or deemed to be received by it, and in the manner specified by the investigative body, (a) provide the investigative body with a copy of the
corporation’s register of individuals with significant control; or (b) disclose to the investigative body any information
specified by the investigative body that is in the corporation’s register of individuals with significant control.
Investigative bodies (2) The investigative bodies for the purpose of this section are (a) any police force;
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Chapter 29: Budget Implementation Act, 2019, No. 1 PART 4 Various Measures DIVISION 2 Strengthening Anti-Money Laundering and Anti-Terrorist Financing Regime SUBDIVISION A Canada Business Corporations Act Section 99
(b) the Canada Revenue Agency and any provincial
body that has responsibilities similar to those of the Canada Revenue Agency; and (c) any prescribed body that has investigative powers in relation to offences referred to in the schedule.
Requirement (3) An investigative body may make a request only if it has reasonable grounds to suspect that the copy of the register or the specified information would be relevant to investigating an offence referred to in the schedule and it also has reasonable grounds to suspect that (a) the corporation that is the subject of the request committed the offence or was used to (i) commit the offence, (ii) facilitate the commission of the offence, or (iii) protect from detection or punishment a person who has committed the offence; (b) an individual with significant control over the corporation that is the subject of the request is also an individual with significant control over a corporation that committed the offence or was used to do anything referred to in any of subparagraphs (a)(i) to (iii); or (c) an individual with significant control over the corporation that is the subject of the request is also an individual who, directly or indirectly, influences the affairs of an entity, other than a corporation, that committed the offence or was used to do anything referred to in any of subparagraphs (a)(i) to (iii).
Service or sending of request (4) The request must be served on the corporation by
leaving the request at the corporation’s registered office as shown in the last notice filed under section 19 or sent to the corporation by registered mail to that registered office and, if so sent, is deemed to be received at the time it would be delivered in the ordinary course of mail, unless there are reasonable grounds for believing that the corporation did not receive the request at that time or at all. Offence (5) A corporation that, without reasonable cause, contravenes subsection (1) is guilty of an offence and liable on summary conviction to a fine of not more than $5,000.
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Amendment to schedule (6) The Governor in Council may, by order, amend the schedule by adding or deleting a reference to an offence.
Record 21.32 (1) Every investigative body that makes a request under subsection 21.31(1) shall keep a record setting out the following: (a) the name of the corporation that was the subject of the request; (b) the reasonable grounds on which the request was based; (c) information respecting what was requested; (d) the date the request was served or deemed to have
been received; (e) information respecting the service or the sending
of the request; (f) all information received from the corporation in
response to the request; and (g) any prescribed information.
Report (2) Every investigative body that makes a request under
subsection 21.31(1) shall, within 90 days after the end the calendar year in which the request was made, provide the Director with a report setting out the total number of requests made by it in that year and, in the case of the Royal Canadian Mounted Police and the Canada Revenue Agency, the number of requests made in each province.
Non-application (3) Section 251 does not apply in respect of a contravention of subsection (1) or (2). 2018, c. 27, s. 183
100 Subsection 21.4(1) of the Act is replaced by
the following: Offence — contravention of subsection 21.1(1) or 21.31(1) 21.4 (1) Every director or officer of a corporation who
knowingly authorizes, permits or acquiesces in the contravention of subsection 21.1(1) or 21.31(1) by that
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corporation commits an offence, whether or not the corporation has been prosecuted or convicted. 101 The Act is amended by adding, after section 268, the schedule set out in Schedule 1 to this Act.
Coming into Force 2018, c. 27 or royal assent 102 This Subdivision comes into force on the later of the day on which section 183 of the Budget Implementation Act, 2018, No. 2 comes into force and the day on which this Act receives royal assent.
SUBDIVISION B R.S., c. C-46
Criminal Code 1997, c. 18, s. 28(1); 2005, c. 44, s. 2(F)
103 The portion of subsection 462.31(1) of the
Criminal Code before paragraph (a) is replaced by the following: Laundering proceeds of crime 462.31 (1) Every one commits an offence who uses, transfers the possession of, sends or delivers to any person or place, transports, transmits, alters, disposes of or otherwise deals with, in any manner and by any means, any property or any proceeds of any property with intent to conceal or convert that property or those proceeds, knowing or believing that, or being reckless as to whether, all or a part of that property or of those proceeds was obtained or derived directly or indirectly as a result of
SUBDIVISION C 2000, c. 17; 2001, c. 41, s. 48
Proceeds of Crime (Money Laundering) and Terrorist Financing Act 104 Subsection 2(2) of the Proceeds of Crime
(Money Laundering) and Terrorist Financing Act is amended by striking out “and” at the end of paragraph (c) and by adding the following after paragraph (d): (e) virtual currency; and
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(f) dealing in virtual currencies. 2017, c. 20, par. 439(4)(b)
105 Subsection 9.3(2.1) of the Act is replaced by
the following: Measures — other persons (2.1) If the person or entity determines that it is dealing
with a person described in paragraph (1)(b) or (c) and considers, based on an assessment referred to in subsection 9.6(2), that there is a high risk of a money laundering offence or a terrorist activity financing offence being committed, the person or entity shall take the measures referred to in the regulations. 2006, c. 12, s. 8
106 Paragraph 9.5(a) of the Act is replaced by the
following: (a) include with the transfer the name, address and
account number or other reference number, if any, of the person or entity that requested it, and any prescribed information;
2014, c. 20, s. 282(1)
107 (1) The portion of subsection 55(1) of the Act
before paragraph (a) is replaced by the following: Disclosure by Centre prohibited 55 (1) Subject to subsections (3) and (6.1), sections 52,
53.1, 55.1, 56.1 and 56.2, subsection 58(1) and sections 65 to 65.1 and 68.1 of this Act and to subsection 12(1) of the Privacy Act, the Centre shall not disclose the following:
(2) Subsection 55(3) of the Act is amended by adding the following after paragraph (b): (b.01) the Agence du revenu du Québec, if the Centre
also has reasonable grounds to suspect that the information would be relevant to investigating or prosecuting an offence of obtaining or attempting to obtain a rebate, refund or credit to which a person or entity is not entitled, or of evading or attempting to evade paying taxes imposed under an Act of Parliament or of the legislature of Quebec administered by the Minister of Revenue of Quebec; (3) Subsection 55(3) of the Act is amended by striking out “and” at the end of paragraph (f) and by adding the following after that paragraph:
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(f.1) the Competition Bureau, if the Centre also has
reasonable grounds to suspect that the information would be relevant to investigating or prosecuting an offence under the Competition Act, the Consumer Packaging and Labelling Act, the Precious Metals Marking Act or the Textile Labelling Act or an attempt to commit such an offence; and
2014, c. 20, s. 282(9)
(4) Paragraph 55(7)(o) of the Act is replaced by
the following: (o) information about the importation or exportation sent to the Centre under Part 2;
2014, c. 20, s. 283(4)
108 Paragraph 55.1(3)(o) of the Act is replaced by
the following: (o) information about the importation or exportation sent to the Centre under Part 2;
2014, c. 20, s. 284(5)
109 Paragraph 56.1(5)(o) of the Act is replaced by
the following: (o) information about the importation or exportation
sent to the Centre under Part 2; 110 Section 73.21 of the Act is amended by adding the following after subsection (4):
Exception (4.1) Subsection (4) does not apply to the following information: (a) the name of the person or entity that was served
with the notice of violation; (b) the nature of the violation; and (c) the amount of the penalty imposed. 2006, c. 12, s. 40
111 Section 73.22 of the Act is replaced by the following: Publication 73.22 In the following cases, the Centre shall make public, as soon as feasible, the nature of the violation or the
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default, as the case may be, the name of the person or entity and the amount of the applicable penalty: (a) a person or entity is deemed to have committed a violation under subsection 73.15(1) or (3); (b) a person or entity is served with a notice of a decision made under subsection 73.15(2) indicating that they have committed a violation; (c) a person or entity enters into a compliance agreement with the Centre; (d) a person or entity is issued a notice of default in respect of a compliance agreement they have entered into with the Centre and they (i) pay the amount they are liable to pay under subsection 73.18(1), (ii) are served with a notice of a decision made under subsection 73.19(2) confirming the Centre’s decision that the compliance agreement has not been complied with, or (iii) are deemed under subsection 73.19(3) to have not complied with the compliance agreement.
SUBDIVISION D 1993, c. 37
Seized Property Management Act Amendments to the Act 112 The long title of the French version of the Seized Property Management Act is replaced by the following:
Loi concernant l’administration de certains biens qui ont fait l’objet d’une saisie ou d’un blocage relativement à certaines infractions, la disposition de certains biens après confiscation et, dans certains cas, le partage du produit de leur disposition 113 (1) The definition Her Majesty in section 2 of the Act is replaced by the following:
Her Majesty means Her Majesty in right of Canada; (Sa Majesté) (2) The definition produit de l’aliénation in section 2 of the French version of the Act is replaced by the following:
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produit de la disposition Le produit de la vente des biens confisqués ainsi que toute somme d’argent confisquée. (proceeds of disposition) 2001, c. 32, s. 74(1) and c. 41, ss. 83 and 106(2); 2018, c. 12, s. 407 and c. 16, s. 174
114 (1) Paragraphs 3(b) and (c) of the Act are replaced by the following: (a.1) to authorize the Minister to provide consultative and other services to any person employed in the federal public administration or by a provincial or municipal authority in relation to the seizure, restraint, custody, management, forfeiture or disposal of property (i) by means of or in respect of which an offence or violation is committed, (ii) that is used in any manner in connection with the commission of an offence or violation, or (iii) that is intended for use for the purpose of committing an offence or violation; (b) to authorize the Minister to manage property (i) seized or restrained under any Act of Parliament
or of the legislature of a province by a person employed in the federal public administration or by a provincial or municipal authority, (ii) forfeited under any Act of Parliament or of the
legislature of a province, or (iii) paid under subsection 18(2) of the Proceeds of
Crime (Money Laundering) and Terrorist Financing Act; (c) to authorize the Minister to dispose of property referred to in paragraph (b) when it is forfeited to Her Majesty and, with the consent of the government of the province, when it is forfeited to Her Majesty in right of a province; (2) Section 3 of the Act is amended by striking out “and” at the end of paragraph (c), by adding “and” at the end of paragraph (d) and by adding the following after paragraph (d): (e) if property referred to in paragraph (c) is forfeited
to Her Majesty in right of a province and disposed of by the Minister with the consent of the government of the province, to provide authority for the sharing of the proceeds of disposition in accordance with directions given by that government.
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115 (1) Subsection 4(1) of the Act is amended by adding the following after paragraph (b): (b.01) seized or restrained under any Act of Parliament or of the legislature of a province if the Minister agrees to be responsible for the custody and management of the property; 2018, c. 12, s. 408
(2) Paragraph 4(1)(b.2) of the French version of
the Act is replaced by the following: b.2) les biens qui ont été confisqués au titre du sousalinéa 715.34(1)e)(i) du Code criminel; (3) Subsection 4(1) of the Act is amended by striking out “or” at the end of paragraph (b.2) and by adding the following after that paragraph: (b.3) if the Minister agrees to be responsible for its
custody and management, forfeited under any Act of Parliament, other than under subsection 14(5) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act or subparagraph 715.34(1)(e)(i) of the Criminal Code or forfeited under any Act of the legislature of a province; or
2001, c. 41, s. 107(2)
(4) Subsections 4(2) and (3) of the French version
of the Act are replaced by the following:
Maintien de la responsabilité (2) Le ministre demeure responsable, après leur confiscation au profit de Sa Majesté et jusqu’à leur disposition, de la garde et de l’administration des biens visés au paragraphe (1) qui sont en sa possession ou dont il a la charge. Responsabilité supplémentaire (3) Outre la garde et l’administration des biens visés aux paragraphes (1) et (2), le ministre est responsable, jusqu’à leur disposition, de celles de l’ensemble des biens confisqués au profit de Sa Majesté, à la suite de toute procédure engagée par le procureur général, qui sont des biens infractionnels, des produits de la criminalité ou des biens confisqués en vertu de l’article 83.14 du Code criminel et dont, préalablement à leur confiscation, il n’avait pas la possession ou la charge. 116 (1) Section 9 of the Act is amended by adding
the following after paragraph (a):
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(a.1) provide consultative and other services to any
person employed in the federal public administration or by a provincial or municipal authority in relation to the seizure, restraint, custody, management, forfeiture or disposal of property (i) by means of or in respect of which an offence or violation is committed, (ii) that is used in any manner in connection with the commission of an offence or violation, or (iii) that is intended for use for the purpose of committing an offence or violation; (2) Paragraph 9(c) of the French version of the
Act is replaced by the following: c) par dérogation aux dispositions de toute autre loi fédérale mais sous réserve de celles de la Loi sur la gestion des finances publiques concernant les fonds publics et des règlements d’application de la présente loi, disposer des biens visés aux paragraphes 4(1) à (3) qui ont été confisqués au profit de Sa Majesté; (3) Section 9 of the Act is amended by adding the following after paragraph (c): (c.1) if property is forfeited to Her Majesty in right of a province, dispose of the property on behalf of Her Majesty in right of the province with the consent of the government of that province, and share the proceeds of disposition in accordance with directions given by that government; 2018, c. 16, s. 180
117 Paragraph 11(a) of the French version of the Act is replaced by the following: a) le produit de la disposition des biens confisqués au profit de Sa Majesté en vertu de l’article 83.14, des paragraphes 462.37(1), (2) ou (2.01) ou 462.38(2), du sous-alinéa 462.43c)(iii) ou des paragraphes 490.1(1) ou 490.2(2) du Code criminel, des paragraphes 16(1) ou 17(2) de la Loi réglementant certaines drogues et autres substances ou des paragraphes 94(1) ou 95(2) de la Loi sur le cannabis et de ceux qui sont ou ont été visés par une ordonnance de prise en charge et qui ont été confisqués au profit de Sa Majesté en vertu du paragraphe 490(9) du Code criminel, ainsi que sur le produit des biens dont les gouvernements étrangers ont disposé; 118 Paragraph 13(2)(a) of the French version of the Act is replaced by the following:
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a) le produit net, calculé de la manière réglementaire, de la disposition des biens visés aux paragraphes 4(1) à (3) qui ont été confisqués au profit de Sa Majesté et dont le ministre a disposé; 1997, c. 18, s. 137(F)
119 (1) Paragraph 19(a) of the Act is replaced by the following: (a) respecting the disposal by the Minister of any
property referred to in any of subsections 4(1) to (3) on its forfeiture to Her Majesty; (2) Paragraph 19(c) of the French version of the
Act is replaced by the following: c) pour l’application de l’alinéa 13(2)a), préciser les sommes, et la manière de les calculer, à soustraire du produit de la disposition des biens pour établir le produit net de cette disposition;
Terminology 120 The French version of the Act is amended by replacing “l’aliénation” with “la disposition” in the following provisions: (a) paragraph 3(d); (b) paragraph 9(d); (c) the heading before section 10; (d) the portion of subsection 10(1) before pargraph (a) and subsection 10(2); (e) subsection 13(1); (f) section 14; and (g) paragraph 19(b).
Consequential Amendments R.S., c. C-46
Cri minal Code 2018, c. 12, s. 404
121 Subparagraphs 715.34(1)(e)(i) and (ii) of the French version of the Criminal Code are replaced by the following: (i) soit de confisquer au profit de Sa Majesté du
chef du Canada les biens, bénéfices ou avantages précisés dans l’accord qui ont été obtenus ou qui proviennent, directement ou indirectement, de l’acte ou de l’omission, pour en disposer
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conformément à l’alinéa 4(1)b.2) de la Loi sur l’administration des biens saisis, (ii) soit de les confisquer au profit de Sa Majesté du
chef d’une province, pour qu’il en soit disposé selon les instructions du procureur général, 2000, c. 24
Crimes Against Humanity and War Crimes Act 2001, c. 32, s. 61
122 (1) The portion of paragraph 31(a) of the French version of the Crimes Against Humanity and War Crimes Act before subparagraph (i) is replaced by the following: a) le montant net provenant de la disposition des
biens visés aux paragraphes 4(1) à (3) de la Loi sur l’administration des biens saisis qui : (2) Subparagraph 31(a)(ii) of the French version
of the Act is replaced by the following: (ii) ont été confisqués au profit de Sa Majesté et
dont il a disposé; 123 Section 32 of the French version of the Act is
replaced by the following: Application : Loi sur l’administration des biens saisis 32 Les alinéas 9d), e) et f) et les articles 10, 11 et 13 à 16
de la Loi sur l’administration des biens saisis ne s’appliquent pas aux biens, au produit de leur disposition et aux amendes visés à l’article 31. 2000, c. 17; 2001, c. 41, s. 48
Proceeds of Crime (Money Laundering) and Terrorist Financing Act 124 Subsection 29(2) of the French version of the
Proceeds of Crime (Money Laundering) and Terrorist Financing Act is replaced by the following:
Limitation du montant versé (2) En cas de vente ou autre forme de disposition des espèces ou effets en vertu de la Loi sur l’administration des biens saisis, le montant de la somme versée en vertu de l’alinéa (1)a) ne peut être supérieur au produit éventuel de la vente ou de la disposition, duquel sont soustraits les frais afférents exposés par Sa Majesté; à défaut de produit de la disposition, aucun paiement n’est effectué.
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125 Subsection 30(4) of the French version of the
Act is replaced by the following: Limitation du montant versé (4) En cas de vente ou autre forme de disposition des espèces ou effets en vertu de la Loi sur l’administration des biens saisis, le montant de la somme qui peut être versée en vertu du paragraphe (3) ne peut être supérieur au produit éventuel de la vente ou de la disposition, duquel sont soustraits les frais afférents exposés par Sa Majesté; à défaut de produit de la disposition, aucun paiement n’est effectué. 126 Subsection 35(2) of the French version of the Act is replaced by the following:
Limitation du montant versé (2) En cas de vente ou autre forme de disposition des espèces ou effets en vertu de la Loi sur l’administration des biens saisis, le montant de la somme versée en vertu de l’alinéa (1)b) ne peut être supérieur au produit éventuel de la vente ou de la disposition, duquel sont soustraits les frais afférents exposés par Sa Majesté; à défaut de produit de la disposition, aucun paiement n’est effectué.
DIVISION 3 1995, c. 44
Employment Equity Act Amendment to the Act 127 Paragraph 18(1)(c) of the Employment Equity Act is replaced by the following: (c) the salary ranges of its employees and the degree of representation of persons who are members of designated groups in each range and in each prescribed subdivision of the range and any other information in relation to the salary of its employees that may be prescribed; and
Coming into Force Order in council 128 This Division comes into force on a day to be fixed by order of the Governor in Council.
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DIVISION 4
Payments Climate Action Support Definitions 129 (1) The following definitions apply in this
section. specified Minister means a minister specified by the Minister of Finance under subsection (2). (ministre responsable) specified period means a period specified by the Minister of Finance under subsection (3). (période déterminée) specified province means a province specified by the Minister of Finance under subsection (3). (province déterminée) Authority of Minister of Finance (2) The Minister of Finance may specify the ministers who may requisition a payment out of the Consolidated Revenue Fund under subsection (5) in respect of a specified period.
Authority of Minister of Finance (3) For each specified Minister, the Minister of Finance may specify amounts that may be paid out of the Consolidated Revenue Fund under subsection (5) and the province and period in respect of which the amounts are to be paid, subject to any terms and conditions that the Minister of Finance may stipulate.
Maximum — province and period (4) The total of all amounts that may be specified
by the Minister of Finance under subsection (3) in respect of a specified province and specified period must not exceed the amount determined by the formula A+B
where A
is the amount determined by the formula C−D
where C
is the estimate of the charges to be levied by Her Majesty in right of Canada under
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Part 1 of the Greenhouse Gas Pollution Pricing Act in respect of the specified province and the specified period less the estimate of all amounts (other than the amount determined under the description of D) in respect of the charges to be rebated, refunded or remitted under Part 1 of that Act, or under any other Act of Parliament, in respect of the specified province and the specified period, and D
B
is the estimate of all amounts to be deemed by subsection 122.8(6) of the Income Tax Act to have been paid as a rebate in respect of the specified province and the specified period; and
is the amount determined by the formula [(E – F) – G] – H
where E
is the estimate of the charges levied, or to be levied, by Her Majesty in right of Canada under Part 1 of the Greenhouse Gas Pollution Pricing Act in respect of the specified province and all previous specified periods less the estimate of all amounts (other than the amount determined under the description of F) in respect of the charges that are, or are to be, rebated, refunded or remitted under Part 1 of that Act, or under any other Act of Parliament, in respect of the specified province and all previous specified periods,
F
is the estimate of all amounts deemed, or to be deemed, by subsection 122.8(6) of the Income Tax Act to have been paid as a rebate in respect of the specified province and all previous specified periods,
G
is the estimate of all sums paid, or to be paid, out of the Consolidated Revenue Fund under subsection (5) in respect of the specified province and all previous specified periods, and
H
is the total of all amounts distributed by the Minister of National Revenue under subsection 165(2) of the Greenhouse Gas Pollution Pricing Act in respect of the specified province and all previous specified periods.
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Payment out of Consolidated Revenue Fund (5) There may be paid out of the Consolidated
Revenue Fund, on the requisition of a specified Minister, in respect of a specified province and specified period and in accordance with any terms and conditions stipulated by the Minister of Finance under subsection (3), sums not exceeding in the aggregate the amount specified by the Minister of Finance under that subsection in respect of that specified Minister, province and period. Deemed rebate — fuel charges (6) An amount paid out of the Consolidated Revenue Fund under subsection (5) in respect of a specified province and specified period is deemed, except for the purposes of subsection (4), to have been paid in that period as a rebate in respect of charges levied under Part 1 of the Greenhouse Gas Pollution Pricing Act in respect of that province.
Payment in Relation to Infrastructure Maximum payment of $2,200,000,000 130 Despite section 161 of the Keeping Canada’s Economy and Jobs Growing Act, as amended by section 233 of the Economic Action Plan 2013 Act, No. 1, there may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Infrastructure and Communities or the Minister of State (Indigenous Services), in accordance with terms and conditions approved by the Treasury Board, in addition to the sum referred to in that section 161, a sum not exceeding $2,200,000,000 to provinces, territories, municipalities, municipal associations, provincial, territorial and municipal entities and First Nations for the purpose of municipal, regional and First Nations infrastructure.
Federation of Canadian Municipalities Maximum payment of $950,000,000 131 (1) There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Natural Resources, in accordance with the terms and conditions provided for in the
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agreement referred to in subsection (2), a sum not exceeding $950,000,000 to the Federation of Canadian Municipalities for the purpose of providing funding to the Green Municipal Fund. Terms and conditions (2) The Minister of Natural Resources may, with
the approval of the Treasury Board, at any time, including before this section comes into force, enter into an agreement with the Federation of Canadian Municipalities respecting the terms and conditions applicable to the making of the payment referred to in subsection (1) and its use. Maximum payment of $60,000,000 (3) There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Infrastructure and Communities, in accordance with the terms and conditions provided for in the agreement referred to in subsection (4), a sum not exceeding $60,000,000 to the Federation of Canadian Municipalities for the purpose of providing funding to the Asset Management Fund.
Terms and conditions (4) The Minister of Infrastructure and Communities may, with the approval of the Treasury Board, at any time, including before this section comes into force, enter into an agreement with the Federation of Canadian Municipalities respecting the terms and conditions applicable to the making of the payment referred to in subsection (3) and its use.
Shock Trauma Air Rescue Service Maximum payment of $65,000,000 132 (1) There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Public Safety and Emergency Preparedness, in accordance with the terms and conditions provided for in the agreement referred to in subsection (2), a sum not exceeding $65,000,000 to the Shock Trauma Air Rescue Service for the acquisition of new emergency ambulance helicopters. Terms and conditions (2) The Minister of Public Safety and Emergency
Preparedness may, with the approval of the Treasury Board, at any time, including before this section comes into force, enter into an agreement with the Shock Trauma Air Rescue Service
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respecting the terms and conditions applicable to the making of the payment referred to in subsection (1) and its use.
DIVISION 5
Enhancing Retirement Security R.S., c. B-3; 1992, c. 27, s. 2
Bankruptcy and Insolvency Act 133 The Bankruptcy and Insolvency Act is amended by adding the following after section 4.1:
Duty of Good Faith Good faith 4.2 (1) Any interested person in any proceedings under
this Act shall act in good faith with respect to those proceedings. Good faith — powers of court (2) If the court is satisfied that an interested person fails
to act in good faith, on application by any interested person, the court may make any order that it considers appropriate in the circumstances. 2005, c. 47, s. 57(1); 2007, c. 36, s. 32(1)
134 Paragraph 67(1)(b.3) of the Act is replaced by the following: (b.3) without restricting the generality of paragraph (b), property in a registered retirement savings plan, a registered retirement income fund or a registered disability savings plan, as those expressions are defined in the Income Tax Act, or in any prescribed plan, other than property contributed to any such plan or fund in the 12 months before the date of bankruptcy, 1997, c. 12, s. 82(1)
135 (1) Subsection 101(1) of the Act is replaced by the following:
Inquiry into dividends, redemption of shares or compensation 101 (1) When a corporation that is bankrupt has paid a
dividend, other than a stock dividend, redeemed or purchased for cancellation any of the shares of the capital stock of the corporation or has paid termination pay,
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severance pay or incentive benefits or other benefits to a director, an officer or any person who manages or supervises the management of business and affairs of the corporation within the period beginning on the day that is one year before the date of the initial bankruptcy event and ending on the date of the bankruptcy, both dates included, the court may, on the application of the trustee, inquire into the transaction to ascertain whether it occurred at a time when the corporation was insolvent or whether it rendered the corporation insolvent. (2) Section 101 of the Act is amended by adding the following after subsection (2):
Judgment against directors — compensation (2.01) If a transaction referred to in subsection (1) has occurred, the court may give judgment to the trustee against the directors of the corporation, jointly and severally, or solidarily, in the amount of the termination pay, severance pay or incentive benefits or other benefits, with interest on the amount, that has not been paid to the corporation if the court finds that (a) the payment (i) occurred at a time when the corporation was insolvent or rendered the corporation insolvent, (ii) was conspicuously over the fair market value of
the consideration received by the corporation, and (iii) was made outside the ordinary course of business; and (b) the directors did not have reasonable grounds to
believe that the payment (i) occurred at a time when the corporation was not insolvent or would not render the corporation insolvent, (ii) was not conspicuously over the fair market value of the consideration received by the corporation, and (iii) was made in the ordinary course of business. 1997, c. 12, s. 82(1)
(3) The portion of subsection 101(2.1) of the English version of the Act before paragraph (a) is replaced by the following:
Criteria (2.1) In making a determination under paragraph (2)(b) or (2.01)(b), the court shall consider whether the directors acted as prudent and diligent persons would have
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acted in the same circumstances and whether the directors in good faith relied on (4) Section 101 of the Act is amended by adding
the following after subsection (3): Directors exonerated by law — compensation (3.1) A judgment under subsection (2.01) shall not be
entered against or be binding on a director who had, in accordance with any applicable law governing the operation of the corporation, protested against the payment of termination pay, severance pay or incentive benefits or other benefits and had exonerated himself or herself under that law from any resulting liability.
(5) Section 101 of the Act is amended by adding the following after subsection (5):
Onus of proof — directors (5.1) For the purposes of subsection (2.01), a director has the onus of proving any of the following: (a) that the payment (i) occurred at a time when the corporation was not
insolvent or did not render the corporation insolvent, (ii) was not conspicuously over the fair market value of the consideration received by the corporation, or (iii) was made in the ordinary course of business;
or (b) that the director had reasonable grounds to believe that the payment (i) occurred at a time when the corporation was not insolvent or would not render the corporation insolvent, (ii) was not conspicuously over the fair market value of the consideration received by the corporation, or (iii) was made in the ordinary course of business.
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Chapter 29: Budget Implementation Act, 2019, No. 1 PART 4 Various Measures DIVISION 5 Enhancing Retirement Security Companies’ Creditors Arrangement Act Sections 136-139
R.S., c. C-36
Companies’ Creditors Arrangement Act 136 The Companies’ Creditors Arrangement Act
is amended by adding the following after section 11: Relief reasonably necessary 11.001 An order made under section 11 at the same time as an order made under subsection 11.02(1) or during the period referred to in an order made under that subsection with respect to an initial application shall be limited to relief that is reasonably necessary for the continued operations of the debtor company in the ordinary course of business during that period.
2005, c. 47, s. 128
137 The portion of subsection 11.02(1) of the Act before paragraph (a) is replaced by the following:
Stays, etc. — initial application 11.02 (1) A court may, on an initial application in respect of a debtor company, make an order on any terms that it may impose, effective for the period that the court considers necessary, which period may not be more than 10 days, 138 Section 11.2 of the Act is amended by adding
the following after subsection (4):
Additional factor — initial application (5) When an application is made under subsection (1) at the same time as an initial application referred to in subsection 11.02(1) or during the period referred to in an order made under that subsection, no order shall be made under subsection (1) unless the court is also satisfied that the terms of the loan are limited to what is reasonably necessary for the continued operations of the debtor company in the ordinary course of business during that period. 139 The Act is amended by adding the following after section 11.8:
Disclosure of financial information 11.9 (1) A court may, on any application under this Act
in respect of a debtor company, by any person interested in the matter and on notice to any interested person who is likely to be affected by an order made under this
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section, make an order requiring that person to disclose any aspect of their economic interest in respect of a debtor company, on any terms that the court considers appropriate. Factors to be considered (2) In deciding whether to make an order, the court is to consider, among other things, (a) whether the monitor approved the proposed disclosure; (b) whether the disclosed information would enhance the prospects of a viable compromise or arrangement being made in respect of the debtor company; and (c) whether any interested person would be materially prejudiced as a result of the disclosure.
Meaning of economic interest (3) In this section, economic interest includes (a) a claim, an eligible financial contract, an option or
a mortgage, hypothec, pledge, charge, lien or any other security interest; (b) the consideration paid for any right or interest, including those referred to in paragraph (a); or (c) any other prescribed right or interest.
140 The Act is amended by adding the following before the heading “Claims” before section 19:
Duty of Good Faith Good faith 18.6 (1) Any interested person in any proceedings under this Act shall act in good faith with respect to those proceedings. Good faith — powers of court (2) If the court is satisfied that an interested person fails to act in good faith, on application by an interested person, the court may make any order that it considers appropriate in the circumstances.
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Chapter 29: Budget Implementation Act, 2019, No. 1 PART 4 Various Measures DIVISION 5 Enhancing Retirement Security Canada Business Corporations Act Sections 141-143
R.S., c. C-44; 1994, c. 24, s. 1(F)
Canada Business Corporations Act 141 Section 122 of the Canada Business Corporations Act is amended by adding the following after subsection (1):
Best interests of the corporation (1.1) When acting with a view to the best interests of the
corporation under paragraph (1)(a), the directors and officers of the corporation may consider, but are not limited to, the following factors: (a) the interests of (i) shareholders, (ii) employees, (iii) retirees and pensioners, (iv) creditors, (v) consumers, and (vi) governments; (b) the environment; and (c) the long-term interests of the corporation. 142 The Act is amended by adding the following after section 125:
Development of an approach on remuneration 125.1 A prescribed corporation shall develop an approach with respect to the remuneration of the directors and employees of the corporation who are “members of senior management” as defined by regulation. 143 (1) The Act is amended by adding the following after section 172:
PART XIV.1
Disclosure Relating to Diversity Diversity in corporations 172.1 The directors of a prescribed corporation shall
place before the shareholders, at every annual meeting, the prescribed information respecting diversity among
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the directors and “members of senior management” as defined by regulation.
Information to shareholders 172.2 (1) The corporation shall provide the information
referred to in section 172.1 to each shareholder, except to a shareholder who has informed the corporation in writing that they do not want to receive that information, by sending the information along with the notice referred to in subsection 135(1) or by making the information available along with a proxy circular referred to in subsection 150(1). Information to Director (2) The corporation shall concurrently send the information referred to in section 172.1 to the Director. (2) The heading before section 172.1 of the Act is
replaced by the following:
Disclosure Relating to Diversity, Well-being and Remuneration (3) Section 172.2 of the Act is replaced by the following: Information respecting well-being 172.2 The directors of a prescribed corporation shall place before the shareholders, at every annual meeting, the prescribed information respecting the well-being of employees, retirees and pensioners.
Recovery of benefits 172.3 The directors of a prescribed corporation shall place before the shareholders, at every annual meeting, the prescribed information respecting the recovery of incentive benefits or other benefits, which is included in the remuneration referred to in section 125, paid to directors and employees of the corporation who are “members of senior management” as defined by regulation.
Approach on remuneration 172.4 (1) The directors of a prescribed corporation shall place before the shareholders, at every annual meeting, the approach with respect to remuneration referred to in section 125.1.
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Non-binding vote (2) The shareholders are to vote on the approach placed
before them by the directors under subsection (1). The results are not binding on the corporation. Disclosure of results (3) The corporation shall disclose the results of the vote
to the shareholders. Information to shareholders 172.5 (1) The corporation shall provide the information
referred to in sections 172.1 to 172.4 to each shareholder, except to a shareholder who has informed the corporation in writing that they do not want to receive that information, by sending the information along with the notice referred to in subsection 135(1) or by making the information available along with a proxy circular referred to in subsection 150(1). Information to Director (2) The corporation shall concurrently send the information referred to in sections 172.1 to 172.4 to the Director. 144 Subsection 261(1) of the Act is amended by striking out “and” at the end of paragraph (h) and by adding the following after paragraph (i): (j) defining, for the purposes of section 172.2, the expressions “retirees” and “pensioners”; and (k) prescribing the time and manner in which the results of the vote referred to in subsection 172.4(3) are to be disclosed to the shareholders. R.S., c. 32 (2nd Supp.)
Pension Benefits Standards Act, 1985 145 (1) The definition cessation of membership in
subsection 2(1) of the Pension Benefits Standards Act, 1985 is replaced by the following: cessation of membership in a pension plan has the meaning assigned by subsections (2) and (2.1); (fin de participation) 2010, c. 12, s. 1786(5)(F)
(2) Paragraph (b) of the definition former member in subsection 2(1) of the French version of the Act is replaced by the following: (b) à l’article 9.2 et à l’alinéa 28(1)b.1), du participant dont la participation a pris fin ou qui a pris sa retraite,
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à l’exception de celui qui, avant la cessation totale du régime, s’est vu acheter une prestation viagère qui satisfait, en application de l’article 17.2, à l’ensemble des obligations prévues par le régime relativement à ses prestations ou relativement à toute autre prestation ou toute option visées à l’alinéa 17b), a, au titre de l’article 26, transféré ses droits à pension ou utilisé ceuxci pour acheter une prestation viagère, ou a vu ses prestations de pension transférées à un autre régime de pension; 2010, c. 12, s. 1786(3)(E)
(3) Subparagraph (b)(i) of the definition former member in subsection 2(1) of the English version of the Act is replaced by the following: (i) had a life annuity purchased for them that, under section 17.2, satisfies all of the plan’s obligations with respect to their pension benefits or any other benefit or option referred to in paragraph 17(b), (i.1) transferred their pension benefit credit under section 26, (4) Section 2 of the Act is amended by adding the following after subsection (2):
For greater certainty (2.1) For greater certainty, a member of a pension plan
ceases membership in the plan when the whole or part of that plan is terminated. 146 The Act is amended by adding the following after section 17:
Entitlement Not Affected For greater certainty 17.1 For greater certainty, a pension plan is not to provide that a pension benefit, or any other benefit or option referred to in paragraph 17(b), or a member’s entitlement to such a pension benefit or option, is affected when a plan is terminated. 147 The Act is amended by adding the following after section 17.1:
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Chapter 29: Budget Implementation Act, 2019, No. 1 PART 4 Various Measures DIVISION 5 Enhancing Retirement Security Pension Benefits Standards Act, 1985 Section 147
Life Annuities Life annuity in lieu of pension benefit 17.2 (1) The purchase of an immediate or deferred life
annuity by the administrator of a pension plan for a former member or survivor satisfies an obligation under the plan to provide a pension benefit arising from a defined benefit provision — as well as, in the case of a deferred life annuity, an obligation under the pension plan to provide any other benefit or option described in paragraph 17(b) that relates to that pension benefit — to the former member or survivor if (a) the plan authorizes the purchase of the life annuity
in satisfaction of that obligation; (b) the life annuity is of the prescribed kind; (c) the life annuity provides the former member or
survivor with payments that (i) in the case of an immediate life annuity, are in the same amount and form as the pension benefit to which the former member or survivor would otherwise be entitled under the terms of the pension plan that are in place on the day of the purchase, or (ii) in the case of a deferred life annuity, are in the
same amount as the pension benefit, and the related benefit or option described in paragraph 17(b), to which the former member or survivor would otherwise be entitled under the terms of the pension plan that are in place on the day of the purchase; and (d) the administrator complies with the prescribed
notice requirements.
Partial satisfaction of the obligation (2) Despite paragraph (1)(c), the administrator may purchase a life annuity that provides the former member or survivor with payments that are in an amount that is the same as a part of the pension benefit or, in the case of a deferred life annuity, as a part of the pension benefit and related benefit or option. However, that purchase satisfies the obligation under the plan only with respect to that part. Superintendent’s approval (3) The administrator shall obtain the Superintendent’s
approval of the person from whom the administrator
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proposes to purchase the life annuity if that person is not a life company as defined in subsection 2(1) of the Insurance Companies Act. Application of section 26.1 (4) For greater certainty, section 26.1 applies to the purchase of a life annuity under this section.
2010, c. 12, s. 1808
148 Subsection 21(1) of the Act is replaced by the following:
Minimum pension benefit 21 (1) Subject to paragraph 26(3)(b), if a member of a defined benefit plan retires, ceases to be a member or dies, the pension benefit in respect of the member is to be increased by the amount that can be provided by the amount of the aggregate of the member’s contributions, other than additional voluntary contributions, together with interest in accordance with section 19, that exceeds 50 per cent of the pension benefit credit in respect of the member’s membership in the plan.
Transitional Provisions 149 Section 4.2, paragraph 67(1)(b.3) and subsections 101(1), (2.01), (2.1), (3.1) and (5.1) of the Bankruptcy and Insolvency Act, as enacted by sections 133 to 135, apply only in respect of proceedings that are commenced under that Act on or after the day on which that section, subsection or paragraph, as the case may be, comes into force. 150 Section 11.001, subsections 11.02(1) and 11.2(5)
and sections 11.9 and 18.6 of the Companies’ Creditors Arrangement Act, as enacted by sections 136 to 140, apply only in respect of proceedings that are commenced under that Act on or after the day on which that section or subsection, as the case may be, comes into force.
Coordinating Amendments 2018, c. 8
151 (1) In this section, other Act means An Act to
amend the Canada Business Corporations Act, the Canada Cooperatives Act, the Canada Notfor-profit Corporations Act and the Competition Act, chapter 8 of the Statutes of Canada, 2018.
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(2) If subsection 143(1) of this Act comes into force before section 24 of the other Act, then that section 24 is repealed. (3) If section 24 of the other Act comes into force
before subsection 143(1) of this Act, then that subsection 143(1) is replaced by the following: 143 (1) Section 172.1 of the Act is replaced by the following:
Diversity in corporations 172.1 The directors of a prescribed corporation shall place before the shareholders, at every annual meeting, the prescribed information respecting diversity among the directors and “members of senior management” as defined by regulation.
Information to shareholders 172.2 (1) The corporation shall provide the information
referred to in section 172.1 to each shareholder, except to a shareholder who has informed the corporation in writing that they do not want to receive that information, by sending the information along with the notice referred to in subsection 135(1) or by making the information available along with a proxy circular referred to in subsection 150(1). Information to Director (2) The corporation shall concurrently send the information referred to in section 172.1 to the Director. (4) If section 24 of the other Act comes into force
on the same day as subsection 143(1) of this Act, then that section 24 is deemed never to have come into force and is repealed.
Coming into Force Order in council 152 (1) Sections 133 to 140 and 142 and subsection
143(1) come into force on a day or days to be fixed by order of the Governor in Council. Order in council (2) Subsections 143(2) and (3) and section 144
come into force on a day to be fixed by order of the Governor in Council, but that day must not be before the first day on which both section 142 and subsection 143(1) are in force.
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Order in council (3) Subsections 145(2) and (3) and section 147
come into force on a day to be fixed by order of the Governor in Council.
DIVISION 6 R.S., c. C-8
Canada Pension Plan Amendments to the Act 153 Section 60 of the Canada Pension Plan is
amended by adding the following after subsection (1.1): Application for retirement pension waived (1.2) The Minister may waive the requirement under subsection (1) for an application for a retirement pension to be made by a person or on their behalf if the Minister is satisfied that (a) the person is a contributor; (b) the person is 70 years old or more; and (c) at least one of the following applies in respect of
the person: (i) the person is in receipt of a benefit under this
Act, the Old Age Security Act or a provincial pension plan, and (ii) a return of income was filed by the person or on
their behalf under the Income Tax Act in respect of the year before the year in which the Minister considers waiving the requirement. Effect of waiver (1.3) If the requirement for an application for a retirement pension is waived, the application is deemed to have been made and received on the day on which the requirement is waived. 154 Section 67 of the Act is amended by adding
the following after subsection (3.1):
Retirement pension — application waived (3.2) For a retirement pension in respect of which the requirement to make the application was waived under subsection 60(1.2), if payment of the retirement pension
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Chapter 29: Budget Implementation Act, 2019, No. 1 PART 4 Various Measures DIVISION 6 Canada Pension Plan Amendments to the Act Sections 154-156
is approved, the pension is payable for each of the following months: (a) each month after the month in which the requirement was waived; and (b) each of the 12 months in which the beneficiary had reached the age of 70 — including the month in which they reached that age — before the first month referred to in paragraph (a).
Coming into Force January 1, 2020 155 This Division comes into force on January 1,
2020. DIVISION 7 R.S., c. O-9
Old Age Security Act 2008, c. 28, s. 156
156 (1) Clause (a)(i)(B) of the definition income
in section 2 of the Old Age Security Act is replaced by the following: (B) for the purpose of determining benefits payable in respect of any month after June 2008 but before July 2020, the lesser of $3,500 and the person’s income from office or employment for the year, (2) The definition income in section 2 of the Act is amended by adding the following after paragraph (b): (b.1) for the purpose of determining benefits payable in respect of any month after June 2020, there shall be deducted from a person’s combined amount — which is equal to the aggregate of the person’s income from office or employment for the year, as reduced in accordance with paragraph (a), and the person’s self-employment earnings for the year, as reduced in accordance with paragraph (b), if those reduced self-employment earnings are greater than zero — an amount that is equal to the aggregate of (i) the lesser of $5,000 and the combined amount, and (ii) if the combined amount is greater than $5,000,
the lesser of $5,000 and half of the amount by which the combined amount exceeds $5,000,
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Chapter 29: Budget Implementation Act, 2019, No. 1 PART 4 Various Measures DIVISION 8 Non-permitted Surplus Sections 157-159
DIVISION 8
Non-permitted Surplus R.S., c. C-17
Canadian Forces Superannuation Act 1999, c. 34, s. 152
157 Subsection 55.4(5) of the Canadian Forces
Superannuation Act is replaced by the following:
Non-permitted surplus (5) For the purposes of this section, a non-permitted surplus exists when the amount by which assets exceed liabilities in the Canadian Forces Pension Fund, as determined by the actuarial valuation report referred to in section 56 or one requested by the President of the Treasury Board, is greater than 25 per cent of the amount of liabilities in respect of contributors, as determined in that report. R.S., c. P-36
Public Service Superannuation Act 1999, c. 34, s. 96
158 Subsection 44.4(5) of the Public Service Superannuation Act is replaced by the following:
Non-permitted surplus (5) For the purposes of this section, a non-permitted surplus exists when the amount by which assets exceed liabilities in the Public Service Pension Fund, as determined by the actuarial valuation report referred to in section 45 or one requested by the Minister, is greater than 25 percent of the amount of liabilities in respect of contributors, as determined in that report. R.S., c. R-11
Royal Canadian Mounted Police Superannuation Act 1999, c. 34, s. 199
159 Subsection 29.4(5) of the Royal Canadian
Mounted Police Superannuation Act is replaced by the following: Non-permitted surplus (5) For the purposes of this section, a non-permitted surplus exists when the amount by which assets exceed
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liabilities in the Royal Canadian Mounted Police Pension Fund, as determined by the actuarial valuation report referred to in section 30 or one requested by the President of the Treasury Board, is greater than 25 per cent of the amount of liabilities in respect of contributors, as determined in that report.
DIVISION 9
Regulatory Modernization SUBDIVISION A R.S., c. B-3; 1992, c. 27, s. 2
Bankruptcy and Insolvency Act 1992, c. 27, s. 9(1)
160 Subsection 13.2(2) of the Bankruptcy and Insolvency Act is replaced by the following: Annual fees (2) Each year, starting with the year in which a licence is
issued to a trustee, the trustee shall pay the prescribed fees on or before the prescribed date or, if there is no prescribed date, on or before December 31. 161 Subsection 26(1) of the Act is replaced by the following:
Books to be kept by trustee 26 (1) A trustee shall keep proper books and records of
the administration of each estate to which the trustee is appointed, in which shall be entered a record of all moneys received or disbursed by the trustee, a list of all creditors filing claims, the amount and disposition of those claims, a copy of all notices sent out, a signed copy of all minutes, proceedings had, and resolutions passed at any meeting of creditors or inspectors, court orders and all other matters or proceedings as may be necessary to give a complete account of the trustee’s administration of the estate.
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Chapter 29: Budget Implementation Act, 2019, No. 1 PART 4 Various Measures DIVISION 9 Regulatory Modernization SUBDIVISION B Electricity and Gas Inspection Act Sections 162-163
SUBDIVISION B R.S., c. E-4
Electricity and Gas Inspection Act 162 The Electricity and Gas Inspection Act is amended by adding the following after section 28:
Ministerial regulations 28.1 (1) Despite anything in the Weights and Measures
Act, the Minister may make regulations prescribing units of measurement for electricity and gas sales in addition to the units specified in section 3. Expiry (2) A regulation made under subsection (1) ceases to have effect on the earliest of (a) the day on which a regulation made under paragraph 28(1)(b) that has the same effect as the regulation comes into force, (b) the third anniversary of the day on which the regulation made under subsection (1) comes into force, or (c) the day on which it is repealed.
SUBDIVISION C R.S., c. F-27
Food and Drugs Act Amendments to the Act R.S., c. 27 (1st Supp.), s. 191; 2014, c. 24, s. 2(3)
163 (1) The definitions sell and therapeutic product authorization in section 2 of the Food and Drugs Act are replaced by the following: sell includes (a) offer for sale, expose for sale or have in possession
for sale — or distribute to one or more persons, whether or not the distribution is made for consideration, and (b) lease, offer for lease, expose for lease or have in possession for lease; (vente)
therapeutic product authorization means
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Chapter 29: Budget Implementation Act, 2019, No. 1 PART 4 Various Measures DIVISION 9 Regulatory Modernization SUBDIVISION C Food and Drugs Act Section 163
(a) an authorization, including a licence, that authorizes, as the case may be, the import, sale, advertisement, manufacture, preparation, preservation, packaging, labelling, storage or testing of a therapeutic product and that is issued under subsection 21.92(1) or the regulations, or (b) an authorization, including a licence, that would
fall within paragraph (a) if the authorization were not suspended; (autorisation relative à un produit thérapeutique) (2) The definition therapeutic product authorization in section 2 of the Act is replaced by the following:
therapeutic product authorization means (a) an authorization, including a licence, that (i) authorizes the conduct of a clinical trial in respect of a therapeutic product and is issued under the regulations, or (ii) authorizes, as the case may be, the import, sale, advertisement, manufacture, preparation, preservation, packaging, labelling, storage or testing of a therapeutic product and is issued under subsection 21.92(1) or the regulations, or (b) an authorization, including a licence, that would
fall within paragraph (a) if the authorization were not suspended; (autorisation relative à un produit thérapeutique) (3) Section 2 of the Act is amended by adding the following in alphabetical order:
advanced therapeutic product means a therapeutic product that is described in Schedule G or that belongs to a class of therapeutic products that is described in that Schedule; (produit thérapeutique innovant) (4) Section 2 of the Act is amended by adding the
following in alphabetical order: clinical trial means a study, involving human subjects, for the purpose of discovering or verifying the effects of a drug, a device or a food for a special dietary purpose; (essai clinique) food for a special dietary purpose means a food that has been specially processed or formulated
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(a) to meet the particular requirements of an individual in whom a physical or physiological condition exists as a result of a disease, disorder or abnormal physical state, or (b) to be the sole or primary source of nutrition for an
individual; (aliment à des fins diététiques spéciales) 164 The Act is amended by adding the following
after section 2.3: Classification — thing 2.4 (1) If the Minister believes that a thing falls within two or more of the definitions food, drug, cosmetic and device in section 2, the Minister may, by order, add a description of the thing to a single part of Schedule A that corresponds to one of the definitions in which the thing is believed to fall.
Classification — class of things (2) If the Minister believes that every thing in a class of things falls within the same two or more definitions food, drug, cosmetic and device in section 2, the Minister may, by order, add a description of the class to a single part of Schedule A that corresponds to one of the definitions in which the things in the class are believed to fall.
Factors (3) Before adding a description of a thing or a class of
things to a part of Schedule A, the Minister shall consider the following factors: (a) the risk of injury that the thing or things present to human health; (b) the protection and promotion of health; (c) the possibility of a person being deceived or misled; (d) the purposes for which the thing or things are sold, represented or used and the history of use of the thing or things; (e) the treatment of similar things that have been regulated as foods, drugs, cosmetics or devices under this Act; and (f) the prescribed factors, if any.
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Chapter 29: Budget Implementation Act, 2019, No. 1 PART 4 Various Measures DIVISION 9 Regulatory Modernization SUBDIVISION C Food and Drugs Act Sections 164-165
Effect of addition (4) A thing that either is described in or belongs to a
class of things that is described in (a) Part 1 of Schedule A falls within the definition
food in section 2 and does not fall within any of the other definitions referred to in subsections (1) and (2); (b) Part 2 of Schedule A falls within the definition
drug in section 2 and does not fall within any of the other definitions referred to in subsections (1) and (2); (c) Part 3 of Schedule A falls within the definition cosmetic in section 2 and does not fall within any of the other definitions referred to in subsections (1) and (2); and (d) Part 4 of Schedule A falls within the definition device in section 2 and does not fall within any of the other definitions referred to in subsections (1) and (2).
Deletion from Schedule A (5) The Minister may, by order, delete the description of a thing or a class of things from Schedule A.
Interpretation — definitions food, drug, cosmetic and device (6) For greater certainty, the definitions food, drug, cosmetic and device in section 2 are subject to subsection (4). 1993, c. 34, s. 72(F)
165 Subsections 3(1) and (2) of the Act are replaced by the following:
Prohibited advertising 3 (1) No person shall advertise any food, drug, cosmetic
or device to the general public as a treatment, preventative or cure for any of the diseases, disorders or abnormal physical states referred to in Schedule A.1.
Prohibited sales (2) No person shall sell any food, drug, cosmetic or device if (a) it is represented by label as a treatment, preventative or cure for any of the diseases, disorders or abnormal physical states referred to in Schedule A.1; or
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(b) the person advertises it to the general public as a treatment, preventative or cure for any of the diseases, disorders or abnormal physical states referred to in Schedule A.1.
166 The Act is amended by adding the following after section 3:
Prohibition — clinical trials 3.1 No person shall conduct a clinical trial in respect of a
drug, device or prescribed food for a special dietary purpose unless the person holds an authorization issued under the regulations that authorizes the conduct of the clinical trial. Terms and conditions — clinical trial authorizations 3.2 The holder of an authorization referred to in section
3.1 shall comply with any terms and conditions of the authorization that are imposed by the Minister under regulations made under paragraph 30(1)(b.3). Duty to publicize clinical trial information 3.3 The holder of an authorization referred to in section
3.1 shall ensure that prescribed information concerning the clinical trial is made public within the prescribed time and in the prescribed manner. 2014, c. 24, s. 3
167 Section 21.7 of the Act is replaced by the following: Terms and conditions of authorizations 21.7 The holder of a therapeutic product authorization shall comply with any terms and conditions of the authorization that are imposed by the Minister under subsection 21.92(3) or under regulations made under paragraph 30(1.2)(b). 2014, c. 24, s. 3
168 (1) Section 21.71 of the French version of the Act is replaced by the following:
Essais cliniques ou expérimentaux 21.71 Le titulaire d’une autorisation relative à un produit thérapeutique visée à l’alinéa 30(1.2)c) veille à rendre publics, selon les modalités réglementaires — de temps ou autres —, les renseignements réglementaires concernant les essais cliniques ou expérimentaux.
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(2) Section 21.71 of the Act is replaced by the following: Duty to publicize clinical trial information 21.71 The holder of a therapeutic product authorization referred to in paragraph 30(1.2)(c) shall ensure that prescribed information concerning the clinical trial is made public within the prescribed time and in the prescribed manner. 169 The Act is amended by adding the following after section 21.8:
Advanced Therapeutic Products Prohibited activities 21.9 (1) No person shall import, sell, advertise, manufacture, prepare, preserve, package, label, store or test an advanced therapeutic product unless the person (a) holds a licence in respect of that product that was issued under subsection 21.92(1) and that authorizes the activity in question; (b) is authorized under an order made under subsection 21.95(1) to conduct the activity in question in respect of the product; or (c) conducts the activity in question in accordance with the regulations.
Clarification (2) For greater certainty, the prohibition applies in respect of an activity regardless of whether the activity is conducted for the purpose of the sale or use of the advanced therapeutic product. Additions to Schedule G 21.91 (1) For the purpose of preventing injury to health
or preventing a person from being deceived or misled, the Minister may, by order, add a description of a therapeutic product or a class of therapeutic products to Schedule G if the Minister believes that the therapeutic product or products represent an emerging or innovative technological, scientific or medical development.
Factors (2) Before adding a description of a therapeutic product or a class of therapeutic products to Schedule G, the Minister shall consider the following factors:
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(a) the degree of uncertainty respecting the risks and
benefits associated with the therapeutic product or products and the measures that are available to adequately manage and control those risks; (b) the extent to which the therapeutic product or
products are different from therapeutic products for which therapeutic product authorizations have been issued under the regulations; (c) the extent to which existing legal frameworks are
adequate to prevent injury to health or to prevent persons from being deceived or misled; and (d) the prescribed factors, if any.
Deletion from Schedule G (3) The Minister may, by order, delete the description of a therapeutic product or a class of therapeutic products from Schedule G.
Advanced therapeutic product licence 21.92 (1) Subject to the regulations, the Minister may,
on application, issue or amend an advanced therapeutic product licence that authorizes a person to import, sell, advertise, manufacture, prepare, preserve, package, label, store or test an advanced therapeutic product if the Minister believes that the applicant has provided sufficient evidence to support the conclusion that (a) the benefits associated with the product outweigh
the risks; and (b) the risks associated with the product and the activity will be adequately managed and controlled.
Application (2) An application for an advanced therapeutic product licence, or for its amendment, shall be filed with the Minister in the form and manner specified by the Minister and shall set out the information required by the Minister as well as any prescribed information.
Terms and conditions (3) The Minister may impose terms and conditions on an advanced therapeutic product licence, including an existing licence, or amend them.
Suspension and revocation 21.93 (1) Subject to the regulations, the Minister may suspend or revoke an advanced therapeutic product licence, in whole or in part, if
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(a) the Minister believes that the risks that are associated with the advanced therapeutic product outweigh the benefits; (b) the Minister believes that the risks associated with
the product or any authorized activity are not being adequately managed or controlled; (c) in the case of a suspension, any prescribed circumstance exists; or (d) in the case of a revocation, any prescribed circumstance exists.
Suspension without prior notice (2) If the Minister believes that an immediate suspension is necessary to prevent injury to health, the Minister may suspend an advanced therapeutic product licence, in whole or in part, without prior notice to its holder and regardless of whether any of the circumstances referred to in subsection (1) exists.
Exemption 21.94 The holder of an advanced therapeutic product licence is, in respect of the activities authorized under the licence, exempt from the provisions of the regulations other than any provisions that are specified in regulations made under paragraph 30(1.2)(b.2). Order — advanced therapeutic products 21.95 (1) The Minister may make an order, with or
without terms and conditions, that authorizes any person within a class of persons that is specified in the order to import, sell, advertise, manufacture, prepare, preserve, package, label, store or test an advanced therapeutic product.
Additional content (2) The Minister may, in the order, (a) specify provisions of the regulations that are excluded from the scope of the exemption provided for in section 21.96; and (b) establish classes and distinguish among those
classes. Compliance with terms and conditions (3) A person that conducts an activity under the order
shall comply with any applicable terms and conditions.
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Exemption 21.96 A person that conducts an activity under an order made under subsection 21.95(1) is, in respect of the activity, exempt from the provisions of the regulations other than any provisions that are specified in the order or in regulations made under paragraph 30(1.2)(b.2). R.S., c. 31 (1st Supp.), ss. 11(1) and (2); R.S., c. 27 (3rd Supp.), s. 2
170 Section 23 of the Act is replaced by the following: Provision of documents, information or samples 22.1 (1) An inspector may, for a purpose related to verifying compliance or preventing non-compliance with the provisions of this Act or the regulations, order a person to provide, on or before the date and time specified by the inspector and at the place and in the manner specified by the inspector, any document, information or sample specified by the inspector. Duty to provide (2) A person that is ordered by an inspector to provide a
document, information or a sample shall do so on or before the date and time, and at the place and in the manner, specified by the inspector. Powers of inspectors 23 (1) Subject to subsection (9), an inspector may, for a purpose related to verifying compliance or preventing non-compliance with the provisions of this Act or the regulations, enter any place, including a conveyance, in which they believe on reasonable grounds (a) an activity that may be regulated under this Act is being conducted; (b) any article to which this Act or the regulations apply is located; or (c) an activity could be conducted under an authorization, including a licence, for which an application is under consideration by the Minister.
Other powers (2) The inspector may, in the place entered under subsection (1), (a) examine any article to which this Act or the regulations apply or anything that the inspector believes on reasonable grounds is used or is capable of being used for an activity regulated under this Act;
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(b) open and examine any receptacle or package that
the inspector believes on reasonable grounds contains any article to which this Act or the regulations apply; (c) examine — and make copies of or take extracts
from — any record, report, electronic data or other document that is found at the place and that the inspector believes on reasonable grounds includes information relevant to the administration of this Act or the regulations; (d) cause to be reproduced any electronic data referred to in paragraph (c); (e) use, or cause to be used, any computer system or telecommunication system at the place; (f) examine — and reproduce or cause to be reproduced — any electronic data that is contained in or available to a system referred to in paragraph (e) and that the inspector believes on reasonable grounds includes information relevant to the administration of this Act or the regulations; (g) remove, for examination or copying, any copies made or extracts taken under paragraph (c), (d) or (f); (h) test anything that the inspector believes on reasonable grounds is an article to which this Act or the regulations apply; (i) take samples of any food, drug, cosmetic, device or
anything used for an activity regulated under this Act; (j) take photographs and make recordings and sketches; (k) remove anything from the place for the purpose of examination, conducting tests or taking samples; and (l) seize and detain for the time that may be necessary
any article that the inspector believes on reasonable grounds is an article by means of, or in relation to which, any provision of this Act or the regulations has been contravened.
Means of telecommunication (3) For the purposes of subsection (1), an inspector is
considered to have entered a place when they access it remotely by a means of telecommunication.
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Limitation — access by means of telecommunication (4) An inspector who enters remotely, by a means of telecommunication, a place that is not accessible to the public shall do so with the knowledge of the owner or person in charge of the place and only for the period necessary for the purpose referred to in subsection (1).
Stopping or moving conveyance (5) For the purpose of entering a conveyance, an inspector may order the owner or person having possession, care or control of the conveyance to stop it or move it.
Duty to comply (6) An owner or person who, under subsection (5), is ordered to stop or move a conveyance shall stop or move it.
Individual accompanying inspector (7) An inspector may be accompanied by any other individual that the inspector believes is necessary to help them exercise their powers or perform their duties or functions under this section. Entering private property (8) An inspector and any individual accompanying them
may enter and pass through private property, other than a dwelling-house on that property, in order to gain entry to a place referred to in subsection (1). For greater certainty, they are not liable for doing so.
Warrant to enter dwelling-house (9) In the case of a dwelling-house, an inspector may enter it only with the consent of the occupant or under the authority of a warrant issued under subsection (10).
Authority to issue warrant (10) A justice of the peace may, on ex parte application, issue a warrant authorizing the inspector named in it to enter a dwelling-house, subject to any conditions specified in the warrant, if the justice is satisfied by information on oath that (a) the dwelling-house is a place referred to in subsection (1); (b) entry to the dwelling-house is necessary for a purpose referred to in that subsection; and
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(c) entry to the dwelling-house has been refused or
there are reasonable grounds to believe that it will be refused. Use of force (11) In executing a warrant issued under subsection (10), an inspector shall not use force unless they are accompanied by a peace officer and the use of force is specifically authorized in the warrant.
Telewarrant (12) If an inspector believes that it would not be practical to appear personally to make an application for a warrant under subsection (10), a warrant may be issued by telephone or other means of telecommunication on information on oath submitted by telephone or other means of telecommunication and section 487.1 of the Criminal Code applies for that purpose with any necessary modifications. Assistance to inspector (13) The owner or other person in charge of a place entered by an inspector under subsection (1) and every individual found there shall (a) give the inspector all reasonable assistance; and (b) provide the inspector with any information that the inspector may reasonably require, including information that is necessary to establish their identity to the inspector’s satisfaction.
Definition of article to which this Act or the regulations apply (14) In subsections (1) and (2), article to which this Act or the regulations apply includes (a) any food, drug, cosmetic or device; (b) anything used for an activity regulated under this
Act; and (c) any record, report, electronic data or other document — including any labelling or advertising material — relating to the administration of this Act or the regulations.
171 The Act is amended by adding the following after section 27.2:
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Preventive and Remedial Measures Measures 27.3 (1) If the Minister has reasonable grounds to believe that a person has contravened, or is likely to contravene, this Act or the regulations, the Minister may order the person to take any measures that the Minister considers necessary to remedy the contravention or prevent it.
Duty to take measures (2) A person that is ordered to take measures shall take
them. 172 (1) Subsection 30(1) of the Act is amended by adding the following after paragraph (a): (a.1) respecting consultations in respect of orders referred to in section 2.4; (2) Subsection 30(1) of the Act is amended by adding the following after paragraph (b): (b.1) respecting the conduct of clinical trials; (b.2) respecting the issuance of authorizations referred to in section 3.1 and the amendment, suspension and revocation of those authorizations; (b.3) authorizing the Minister to impose terms and
conditions on authorizations referred to in section 3.1, including existing authorizations, and to amend those terms and conditions; (b.4) requiring the Minister to ensure that decisions with regard to the issuance, amendment, suspension and revocation of authorizations referred to in section 3.1, and to the imposition and amendment of terms and conditions referred to in paragraph (b.3), along with the reasons for those decisions, are publicly available; (b.5) requiring holders of an authorization referred to in section 3.1, or former holders of such an authorization, to provide the Minister, after the clinical trial to which the authorization relates is completed or discontinued or, if the authorization is suspended or revoked, after the suspension or revocation, with safety information that the holders or former holders receive or become aware of about the drug, device or food for a special dietary purpose that is or was the subject of the clinical trial;
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2016, c. 9, s. 8(2)
(3) Paragraph 30(1)(f) of the Act is replaced by the following: (f) requiring persons that sell food, drugs, cosmetics
or devices, or persons that import them solely for the purpose of export, to maintain any records, reports, electronic data or other documents that the Governor in Council considers necessary for the purposes of this Act; (4) Paragraph 30(1)(m) of the Act is replaced by
the following: (m) adding anything to any of the schedules, other than to Schedule A or G, in the interest of, or for the prevention of injury to, the health of the purchaser or consumer, or deleting anything from any of the schedules, other than from Schedule A or G; 2014, c. 24, s. 6(1)
(5) Paragraph 30(1.2)(b.1) of the Act is replaced by the following: (b.1) requiring the Minister to ensure that decisions with regard to the issuance, amendment, suspension and revocation of authorizations referred to in paragraph (a), and to the imposition and amendment of terms and conditions in respect of those authorizations, along with the reasons for those decisions, are publicly available; (b.2) specifying provisions of the regulations that are excluded from the exemption provided for in section 21.94 or 21.96; 2014, c. 24, s. 6(1)
(6) Paragraph 30(1.2)(c) of the French version of
the Act is replaced by the following: c) enjoignant au titulaire d’une autorisation relative à un produit thérapeutique permettant l’importation ou la vente d’un tel produit pour un essai clinique ou pour un essai expérimental sur des sujets humains, ou à l’ancien titulaire d’une telle autorisation, de fournir au ministre, après la fin ou la cessation de l’essai — ou, si l’autorisation est suspendue ou révoquée, après cette suspension ou révocation —, les renseignements sur la sécurité de ce produit dont il a reçu communication ou a connaissance; (7) Paragraph 30(1.2)(c) of the Act is replaced by
the following: (c) requiring holders of a therapeutic product authorization that authorizes the import or sale of a therapeutic product for a clinical trial, or former holders of
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such an authorization, to provide the Minister, after the trial is completed or discontinued, or, if the authorization is suspended or revoked, after the suspension or revocation, with safety information that the holders or former holders receive or become aware of about the therapeutic product; 2014, c. 24, s. 6(1)
(8) Paragraph 30(1.2)(c.1) of the Act is repealed. 2014, c. 24, s. 6(1)
(9) The portion of paragraph 30(1.2)(d) of the
French version of the Act before subparagraph (i) is replaced by the following: d) enjoignant au titulaire d’une autorisation relative à un produit thérapeutique de fournir au ministre les renseignements dont il a reçu communication ou a connaissance concernant tout risque grave de préjudice à la santé humaine et se rapportant à la sécurité de ce produit, à savoir ceux qui concernent : 2014, c. 24, s. 6(5)
(10) The portion of subsection 30(2) of the French
version of the Act before paragraph (a) is replaced by the following: Règlements relatifs aux drogues fabriquées à l’étranger (2) Sans que soit limité le pouvoir conféré par les autres
paragraphes du présent article, le gouverneur en conseil peut, par règlement, selon qu’il l’estime nécessaire pour la protection du public à l’égard de la sécurité et de la qualité d’une drogue ou catégorie de drogues fabriquée à l’extérieur du pays, régir, réglementer ou interdire : 173 (1) Section 31.1 of the Act is renumbered as
subsection 31.1(1) and is amended by adding the following: Clarification (2) For greater certainty, subsection (1) applies in respect of the following provisions of this Act: (a) section 3, if the contravention of that section involves food; (b) subsection 22.1(2), if the contravention of that subsection involves any document or information that relates to food or a sample that is or relates to food; (c) subsection 23(6), if the contravention of that subsection involves a conveyance in respect of which an inspector is exercising powers or performing duties or functions in relation to food;
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(d) subsection 23(13), if the contravention of that subsection involves a place in which an inspector is exercising powers or performing duties or functions in relation to food; (e) subsection 24(1), if the contravention of that subsection involves the obstruction or hindering of — or the making of a false or misleading statement to — an inspector who is carrying out duties or functions in relation to food; (f) subsection 24(2), if the contravention of that subsection involves anything seized that is or relates to food; and (g) subsection 27.3(2), if the contravention of that subsection involves measures that were ordered to be taken in relation to food. (2) Subsection 31.1(2) of the Act is amended by adding the following after paragraph (a): (a.1) section 3.1 or 3.3, if the contravention of that section involves a clinical trial that relates to food; (a.2) section 3.2, if the contravention of that section involves the terms and conditions of an authorization that authorizes the conduct of a clinical trial that relates to food; 174 (1) Section 31.2 of the Act is renumbered as
subsection 31.2(1) and is amended by adding the following: Clarification (2) For greater certainty, subsection (1) applies in respect of the following provisions of this Act: (a) section 3, if the contravention of that section involves a therapeutic product; (b) subsection 22.1(2), if the contravention of that subsection involves any document or information that relates to a therapeutic product or a sample that is or relates to a therapeutic product; (c) subsection 23(6), if the contravention of that subsection involves a conveyance in respect of which an inspector is exercising powers or performing duties or functions in relation to a therapeutic product; (d) subsection 23(13), if the contravention of that subsection involves a place in which an inspector is exercising powers or performing duties or functions in relation to a therapeutic product;
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(e) subsection 24(1), if the contravention of that subsection involves the obstruction or hindering of — or the making of a false or misleading statement to — an inspector who is carrying out duties or functions in relation to a therapeutic product; (f) subsection 24(2), if the contravention of that subsection involves anything seized that is or relates to a therapeutic product; and (g) subsection 27.3(2), if the contravention of that subsection involves measures that were ordered to be taken in relation to a therapeutic product. (2) Subsection 31.2(2) of the Act is amended by adding the following after paragraph (a): (a.1) section 3.1 or 3.3, if the contravention of that section involves a clinical trial that relates to a therapeutic product; (a.2) section 3.2, if the contravention of that section involves the terms and conditions of an authorization that authorizes the conduct of a clinical trial that relates to a therapeutic product; 175 (1) Section 31.4 of the Act is renumbered as
subsection 31.4(1) and is amended by adding the following: Clarification (2) For greater certainty, subsection (1) applies in respect of the following provisions of this Act: (a) section 3, if the contravention of that section involves a therapeutic product; (b) subsection 22.1(2), if the contravention of that subsection involves any document or information that relates to a therapeutic product or a sample that is or relates to a therapeutic product; (c) subsection 23(6), if the contravention of that subsection involves a conveyance in respect of which an inspector is exercising powers or performing duties or functions in relation to a therapeutic product; (d) subsection 23(13), if the contravention of that subsection involves a place in which an inspector is exercising powers or performing duties or functions in relation to a therapeutic product; (e) subsection 24(1), if the contravention of that subsection involves the obstruction or hindering of — or the making of a false or misleading statement to — an
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inspector who is carrying out duties or functions in relation to a therapeutic product; (f) subsection 24(2), if the contravention of that subsection involves anything seized that is or relates to a therapeutic product; and (g) subsection 27.3(2), if the contravention of that subsection involves measures that were ordered to be taken in relation to a therapeutic product.
(2) Subsection 31.4(2) of the Act is amended by adding the following after paragraph (a): (a.1) section 3.1, if the contravention of that section involves a clinical trial that relates to a therapeutic product; (a.2) section 3.2, if the contravention of that section involves the terms and conditions of an authorization that authorizes the conduct of a clinical trial that relates to a therapeutic product; 176 Subsection 36(3) of the Act is replaced by the
following: Certified copies (3) In a prosecution for a contravention described in
subsection (1), a copy of or extract from a document, including electronic data, that is certified to be a true copy by the inspector who made or took it under paragraph 23(2)(c), (d) or (f), as the case may be, is admissible in evidence and is, in the absence of evidence to the contrary, proof of its contents. 177 Schedule A to the Act is renamed as Schedule A.1. 178 The Act is amended by adding, before Schedule A.1, the Schedule A set out in Schedule 2 to this Act. 179 The Act is amended by adding, after Schedule F, the Schedule G set out in Schedule 3 to this Act.
Transitional Provisions Clinical trials — certain drugs 180 A person that, immediately before the coming into force of section 166, is authorized under Division 5 of Part C of the Food and Drug Regulations to sell or import a drug for the purposes
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of a clinical trial is deemed to be the holder, in respect of that drug, of an authorization referred to in section 3.1 of the Food and Drugs Act, as enacted by that section 166.
Studies — positron-emitting radiopharmaceuticals 181 A person that, immediately before the coming into force of section 166, is authorized under Division 3 of Part C of the Food and Drug Regulations to sell or import a positron-emitting radiopharmaceutical for the purposes of a study is deemed to be the holder, in respect of that positron-emitting radiopharmaceutical, of an authorization referred to in section 3.1 of the Food and Drugs Act, as enacted by that section 166.
Clinical trials — natural health products 182 A person that, immediately before the coming into force of section 166, is authorized under Part 4 of the Natural Health Products Regulations to sell or import a natural health product for the purposes of a clinical trial is deemed to be the holder, in respect of that natural health product, of an authorization referred to in section 3.1 of the Food and Drugs Act, as enacted by that section 166. Investigational testing — certain medical devices 183 A person that, immediately before the coming into force of section 166, is authorized under Part 3 of the Medical Devices Regulations to sell or import a Class II, III or IV medical device for investigational testing is deemed to be the holder, in respect of the device, of an authorization referred to in section 3.1 of the Food and Drugs Act, as enacted by that section 166.
Coming into Force Order in council 184 Subsections 163(2) and (4), section 166 and
subsections 168(2), 172(2), (7) and (8), 173(2), 174(2) and 175(2) come into force on a day to be fixed by order of the Governor in Council.
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SUBDIVISION D R.S., c. I-3
Importation of Intoxicating Liquors Act 2014, c. 2, s. 12
185 The definition province in section 2 of the Importation of Intoxicating Liquors Act is replaced by the following:
province means any province — other than Yukon, the Northwest Territories and Nunavut — in which there is in force an Act giving the government of the province or any board, commission, officer or other governmental agency control over the sale of intoxicating liquor in that province; (province) 186 (1) Subsection 3(1) of the Act is replaced by the following:
Prohibition 3 (1) Despite any other Act or law, other than the Foreign Missions and International Organizations Act, a person is not permitted to import, or cause to be imported, into a province from a place outside Canada any intoxicating liquor unless the intoxicating liquor has been purchased by or on behalf of, and is consigned to, Her Majesty or the executive government of a province, or any board, commission, officer or other governmental agency of the province that, by the law of that province, is authorized to sell intoxicating liquor. 2002, c. 22, s. 395(2)
(2) Paragraph 3(2)(a) of the Act is replaced by the following: (a) the transportation of intoxicating liquor through a
province to a territory or through Canada to a destination outside Canada, by the producer of the liquor or by a common carrier, if, during the time that the intoxicating liquor is being transported, its container is not opened or broken or any of the liquor is drunk or used; 2014, c. 20, s. 163
(3) Subsection 3(2) of the Act is amended by striking out “and” at the end of paragraph (g) and by repealing paragraph (h). 187 Section 4 of the Act is replaced by the following:
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Burden of proof 4 The burden of proving the right to import, or to cause
to be imported, any intoxicating liquor into a province is on the person accused. 188 Section 6 of the Act is replaced by the following: Prosecution in place where liquor imported 6 A prosecution for any offence under this Act may be brought and carried on, and a conviction had, in the city, town or place into which any intoxicating liquor is unlawfully imported or in the place where the accused resides, but no prosecution shall be brought in any province against a person not within or residing in that province without the written approval of the attorney general of that province. 189 Section 8 of the Act is replaced by the following: Sacramental, medicinal and other purposes exempted 8 Nothing in this Act prohibits the importing, or the
causing to be imported, into a province from a place outside Canada of an intoxicating liquor for sacramental or medicinal purposes or for manufacturing or commercial purposes other than for the manufacture or use of an intoxicating liquor as a beverage.
SUBDIVISION E R.S., c. P-19
Precious Metals Marking Act 190 Paragraphs 9(a) and (b) of the Precious Metals Marking Act are replaced by the following: (a) designating articles that are exempt, conditionally or unconditionally, from the application of this Act; (b) designating parts of articles that are exempt, conditionally or unconditionally, from assay for the purposes of this Act;
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Chapter 29: Budget Implementation Act, 2019, No. 1 PART 4 Various Measures DIVISION 9 Regulatory Modernization SUBDIVISION F Textile Labelling Act Sections 191-193
SUBDIVISION F R.S., c. T-10
Textile Labelling Act 191 Paragraphs 11(1)(b) and (c) of the Textile Labelling Act are replaced by the following: (b) exempting, conditionally or unconditionally, any textile fibre product or any portion of such a product from the application of any provision of this Act or the regulations; (c) exempting, conditionally or unconditionally, any type of transaction in relation to a prescribed consumer textile article from the prohibition set out in paragraph 3(a);
SUBDIVISION G R.S., c. W-6
Weights and Measures Act Amendments to the Act definitions measuring machine and weighing machine in section 2 of the Weights and Measures Act are replaced by the following: 192 The
measuring machine means any machine that measures length, area, volume or capacity, temperature or time; (appareil de mesure) weighing machine means any machine that measures mass or weight. (appareil de pesage) 193 The Act is amended by adding the following after section 10:
Ministerial regulations 10.1 (1) The Minister may make regulations authorizing the use of a unit of measurement that is not otherwise authorized under this Act if new technologies use such a unit.
Expiry (2) A regulation made under subsection (1) ceases to have effect on the earliest of (a) the day on which a regulation made under paragraph 10(1)(m) that has the same effect as the regulation comes into force,
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(b) the third anniversary of the day on which the regulation made under subsection (1) comes into force, or (c) the day on which it is repealed. 2011, c. 3, s. 15
194 Subsection 15(2) of the Act is replaced by the
following: Extensions (2) The Minister may, in the prescribed circumstances,
grant to a trader an extension of the period. 2011, c. 3, par. 29(f)
195 Subsection 20(1) of the Act is replaced by the following:
Payment of fees and charges 20 (1) The fees and charges payable by a person in respect of an examination or other service performed by an inspector under this Act are payable, subject to the regulations, after the examination or service is performed. SOR/86-420, par. 2(b); SOR/2005-277, s. 1
196 The portion of items 1 to 7 of Part I of Schedule I to the Act in the column under the heading “Definition” is replaced by the following:
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Definition the unit for the measurement of length, being the metre as defined by the 26e Conférence générale des poids et mesures as reported in the Comptes rendus de la 26e Conférence générale des poids et mesures published by the Bureau international des poids et mesures, as amended from time to time the unit for the measurement of mass, being the kilogram as defined by the 26e Conférence générale des poids et mesures as reported in the Comptes rendus de la 26e Conférence générale des poids et mesures published by the Bureau international des poids et mesures, as amended from time to time the unit for the measurement of time, being the second as defined by the 26e Conférence générale des poids et mesures as reported in the Comptes rendus de la 26e Conférence générale des poids et mesures published by the Bureau international des poids et
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Definition mesures, as amended from time to time the unit for the measurement of electric current, being the ampere as defined by the 26e Conférence générale des poids et mesures as reported in the Comptes rendus de la 26e Conférence générale des poids et mesures published by the Bureau international des poids et mesures, as amended from time to time the unit for the measurement of thermodynamic temperature, being the kelvin as defined by the 26e Conférence générale des poids et mesures as reported in the Comptes rendus de la 26e Conférence générale des poids et mesures published by the Bureau international des poids et mesures, as amended from time to time the unit for the measurement of luminous intensity, being the candela as defined by the 26e Conférence générale des poids et mesures as reported in the Comptes rendus de la 26e Conférence générale des poids et mesures published by the Bureau international des poids et mesures, as amended from time to time the unit for the measurement of the amount of substance, being the mole as defined by the 26e Conférence générale des poids et mesures as reported in the Comptes rendus de la 26e Conférence générale des poids et mesures published by the Bureau international des poids et mesures, as amended from time to time
Coming into Force May 20, 2019 or royal assent 197 Section 196 comes into force on the later of May 20, 2019 and the day on which this Act receives royal assent.
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SUBDIVISION H R.S., c. 24 (3rd Supp.), Part III
Hazardous Materials Information Review Act Amendments to the Act 2012, c. 31 ss. 269(4)(E), (5)(E) and (6)(F)
198 (1) The definitions affected party, Chief Appeals Officer and Chief Screening Officer in subsection 10(1) of the Hazardous Materials Information Review Act are repealed. (2) Subsection 10(1) of the Act is amended by adding the following in alphabetical order:
confidential business information in respect of a person to whose business or affairs the information relates, means business information (a) that is not publicly available; (b) in respect of which the person has taken measures
that are reasonable in the circumstances to ensure that it remains not publicly available; and (c) that has actual or potential economic value to the person or their competitors because it is not publicly available and its disclosure would result in a material financial loss to the person or a material financial gain to their competitors. (renseignements commerciaux confidentiels) 199 The heading before section 11 of the Act is
replaced by the following:
Filing of Claim for Exemption 2014, c. 20, s. 147(1)
200 (1) The portion of subsection 11(1) of the Act
before paragraph (a) is replaced by the following: Claim for exemption by supplier 11 (1) Any supplier who is required, either directly or
indirectly, because of the provisions of the Hazardous Products Act, to disclose any of the following information may, if the supplier considers it to be confidential
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business information, claim an exemption from the requirement to disclose that information by filing with the Minister a claim for exemption in accordance with this section: 2014, c. 20, s. 161(2)
(2) The portion of subsection 11(2) of the Act before paragraph (a) is replaced by the following:
Claim for exemption by employer (2) Any employer who is required, either directly or indirectly, because of the provisions of the Canada Labour Code or the provisions of the Accord Act, as the case may be, to disclose any of the following information may, if the employer considers it to be confidential business information, claim an exemption from the requirement to disclose it by filing with the Minister a claim for exemption in accordance with this section:
2001, c. 34, s. 49(F)
(3) Subsection 11(3) of the English version of the
Act is replaced by the following: Manner of filing claim and fee payable (3) A claim for exemption must be in the prescribed form, be filed in the prescribed manner and be accompanied by the prescribed fee or a fee calculated in the prescribed manner. 2014, c. 20, s. 147(2)
(4) The portion of subsection 11(4) of the English
version of the Act before paragraph (a) is replaced by the following: Contents of claim (4) A claim for exemption must be accompanied by the
safety data sheet or label to which the claim relates and must contain 2007, c. 7, s. 1
(5) Paragraph 11(4)(b) of the French version of
the Act is replaced by the following: b) une déclaration du demandeur indiquant qu’il croit
que les renseignements à l’égard desquels elle est présentée sont des renseignements commerciaux confidentiels satisfaisant aux critères réglementaires établis en application de l’alinéa 48(1)a) et qu’il a à sa disposition les renseignements réglementaires pour la justifier qu’il fournira sur demande; (6) Subsection 11(5) of the Act is replaced by the following:
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Restriction (5) If a supplier or an employer files a claim for exemption in accordance with this section and, after all judicial reviews and appeals are exhausted, the claim or a portion of the claim is not valid, the supplier or employer, as the case may be, is not entitled to file any other claim for exemption in relation to the information in respect of which the claim or portion of the claim was determined to be invalid. 1996, c. 8, s. 24; 2007 c. 7, ss. 2, 5, 6 and 7(1), (3) and (4); 2012, c. 31, ss. 270 to 279, par. 282(c) and (d), s. 283(F) and par. 284(c)(F); 2013, c. 40, s. 201; 2014, c. 13, ss. 108, 109(2) and 110 to 112, c. 20, ss. 148(1) to (3) and (4)(F), 149(1), 150(F), 151(1), (2) and (3)(F), 152, 154(1), (2) and (3)(F), 155(F), 156(F), 157(1) and (2)(F), 158(F) and 161(3), (4) and (5)(F)
201 Sections 12 to 47 of the Act are replaced by
the following:
Review of Claim for Exemption Review by Minister 12 (1) The Minister must review each claim for exemption that is filed in accordance with section 11 in order to determine, as soon as feasible and in accordance with the prescribed criteria, whether the claim, or a portion of it, is valid.
Additional information (2) If the Minister requests additional information that
the Minister considers necessary for the purposes of subsection (1), the claimant must provide it to the Minister in the manner and within the period specified by the Minister. Determination 13 The Minister must, as soon as feasible after making a
determination referred to in subsection 12(1), notify the claimant in writing of the determination and the reasons for it. Order 14 (1) If the Minister determines that a claim for exemption, or a portion of it, is not valid, then the Minister may order the claimant (a) to comply, in the manner and within the period
specified in the order, with the provisions of the Hazardous Products Act, the provisions of the Canada Labour Code or the provisions of the Accord Act in respect of which the claim or portion of the claim for exemption was determined not to be valid; or
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(b) to remove information specified in the order from
a safety data sheet or label that accompanies the claim for exemption. Compliance (2) The claimant must comply with the order.
Effect of compliance (3) If the claimant complies with the order, they are deemed to have complied, starting on the day on which the order is made, with the relevant provisions of the Hazardous Products Act, the relevant provisions of the Canada Labour Code or the relevant provisions of the Accord Act.
Review of Safety Data Sheet or Label Effect of failure to provide information 15 For the purposes of subsections 16(1) and 18(1) and
paragraph 21(b), a failure to provide information on a safety data sheet or label that accompanies a claim for exemption filed in accordance with section 11 does not constitute a failure to comply with provisions of the Hazardous Products Act, provisions of the Canada Labour Code or provisions of the Accord Act if the information that is not provided is the information in respect of which the claim is filed. Review by Minister 16 (1) The Minister may review a safety data sheet or label that accompanies a claim for exemption filed in accordance with section 11, or any portion of the safety data sheet or label, in order to determine whether the safety data sheet or label, or the portion of it, complies with provisions of the Hazardous Products Act, provisions of the Canada Labour Code or provisions of the Accord Act.
Additional information (2) If the Minister requests additional information that
the Minister considers necessary for the purposes of subsection (1), the claimant must provide it to the Minister in the manner and within the period specified by the Minister. Determination 17 The Minister must, as soon as feasible after making a
determination referred to in subsection 16(1), notify the claimant in writing of the determination and the reasons for it.
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Order 18 (1) If the Minister determines that a safety data sheet or label that accompanies a claim for exemption filed in accordance with section 11, or any portion of the safety data sheet or label, does not comply with provisions of the Hazardous Products Act, provisions of the Canada Labour Code or provisions of the Accord Act, then the Minister may order the claimant (a) to comply, in the manner and within the period
specified in the order, with the relevant provisions of the Hazardous Products Act, the relevant provisions of the Canada Labour Code or the relevant provisions of the Accord Act; or (b) to remove information specified in the order from
the safety data sheet or label. Compliance (2) The claimant must comply with the order.
Effect of compliance (3) If the claimant complies with the order, they are deemed to have complied, starting on the day on which the order is made, with the relevant provisions of the Hazardous Products Act, the relevant provisions of the Canada Labour Code or the relevant provisions of the Accord Act.
Exemption Periods Interim exemption period 19 (1) If a claim for exemption is filed in accordance
with section 11, the claimant is, subject to section 21, exempt from the requirement in respect of which the exemption is claimed for the period that begins on the day on which the Minister registers the claim and ends on the day on which all judicial reviews and appeals are exhausted. Three-year exemption period (2) If a claim for exemption, or a portion of it, is valid after all judicial reviews and appeals are exhausted, then the claimant is, subject to section 22, exempt from the requirement in respect of which the claim, or portion of it, is valid for a period of three years that begins on the day after the day on which all judicial reviews and appeals are exhausted.
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Conflict 20 If there is a conflict between subsection 19(1) or (2)
and a provision of an order made under section 14 or 18, the provision of the order prevails to the extent of the conflict.
Suspension or Cancellation of Exemption Exemption — subsection 19(1) 21 The Minister may suspend or cancel an exemption referred to in subsection 19(1) if (a) the Minister determines that the claim for exemption, or any portion of it, is not valid; (b) the Minister determines that a safety data sheet or label that accompanies the claim for exemption, or any portion of the safety data sheet or label, does not comply with provisions of the Hazardous Products Act, provisions of the Canada Labour Code or provisions of the Accord Act; (c) the person who is exempted contravenes subsection 12(2) or 16(2); (d) the person who is exempted contravenes provisions of the Hazardous Products Act, provisions of the Canada Labour Code or provisions of the Accord Act; (e) the person who is exempted contravenes an order
made under section 14 or 18; or (f) prescribed circumstances apply.
Exemption — subsection 19(2) 22 The Minister may suspend or cancel an exemption referred to in subsection 19(2) if (a) the Minister has reasonable grounds to believe
that the claim for exemption that resulted in the exemption included false or misleading information; (b) the exempted person contravenes provisions of the
Hazardous Products Act, provisions of the Canada Labour Code or provisions of the Accord Act; (c) the exempted person contravenes an order made under section 14 or 18; or (d) prescribed circumstances apply.
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Notice 23 (1) A suspension or cancellation of an exemption
takes effect on the day on which the Minister notifies the exempted person in writing of the suspension or cancellation and of the reasons for it. Opportunity to be heard (2) The person may, within 10 days after the day on
which they are notified of the suspension or cancellation, provide the Minister with reasons why they believe the suspension or cancellation is unfounded.
Reinstatement of Suspended or Cancelled Exemption Suspended exemption 24 The Minister must, by notice to the person referred
to in subsection 23(2), reinstate a suspended exemption if the reasons for the suspension no longer exist or the person demonstrates to the Minister that the suspension was unfounded. Cancelled exemption 25 The Minister must, by notice to the person referred
to in subsection 23(2), reinstate a cancelled exemption if the person demonstrates to the Minister that the cancellation was unfounded.
Disclosure of Confidential Business Information Definition of government 26 In sections 28 and 31, government means any of the following or their institutions: (a) the federal government; (b) a corporation named in Schedule III to the Financial Administration Act; (c) a provincial government or a public body established under a law of that province; or (d) an aboriginal government as defined in subsection 13(3) of the Access to Information Act.
Disclosure to address serious and imminent danger 27 The Minister may, without the consent of the person to whose business or affairs the information relates and without notifying that person in advance, disclose any
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information referred to in subsection 11(1) or (2) that is obtained under this Act and is confidential business information if the disclosure is necessary to address serious and imminent danger to human health or safety or to the environment.
Disclosure to government or for advice 28 (1) The Minister may, without the consent of the person to whose business or affairs the information relates, disclose any information referred to in subsection 11(1) or (2) that is obtained under this Act and is confidential business information if (a) the purpose of the disclosure is related to the protection of human health or safety or the environment from a significant risk; (b) the disclosure is made to a government or a person from whom the Minister seeks advice; and (c) the government or person agrees in writing to
maintain the confidentiality of the disclosed information and to use it only for the purpose referred to in paragraph (a). Notice (2) The Minister must, before disclosing information under subsection (1), notify the person to whose business or affairs the information relates. Disclosure to physician or medical professional 29 The Minister may, without the consent of the person to whose business or affairs the information relates and without notifying that person in advance, disclose any information referred to in subsection 11(1) or (2) that is obtained under this Act and is confidential business information to any physician or prescribed medical professional who requests that information for the purpose of making a medical diagnosis of, or rendering medical treatment to, a person in an emergency.
Notice 30 (1) If the Minister discloses information under section 27 or 29, the Minister must notify the person to whose business or affairs the information relates no later than the next business day after the day on which disclosure is made.
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Definition of business day (2) In this section, business day means a day other than a Saturday or a holiday.
Subsequent disclosure 31 A person or government must not knowingly disclose information that was disclosed to them under section 27, 28 or 29 to any other person or government, except for the purpose for which it was disclosed to them.
Remission of Fees Remission of fees 32 (1) The Minister may, by order, remit all or part of any fee prescribed under subsection 48(2).
Remission may be conditional (2) A remission may be conditional.
Conditional remission 33 If a remission granted under subsection 32(1) is conditional and the condition is not fulfilled, then the remission is cancelled and is deemed never to have been granted.
Additional Powers, Duties and Functions of Minister Additional powers, duties and functions 34 The Minister may, in addition to exercising the powers and performing the duties and functions specified in this Act, (a) exercise the powers and perform the duties and
functions that were previously conferred on or assigned to the Hazardous Materials Information Review Commission by any law of a province relating to occupational health and safety; and (b) exercise the powers and perform the duties and
functions that are conferred on or assigned to the Minister, in relation to the review of claims for exemption, by any law of a province relating to occupational health and safety. 2007, c. 7, s. 8; 2012, c. 31, s. 280(1) and par. 282(e)
202 (1) Paragraphs 48(1)(b) to (d) of the Act are repealed.
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2012, c. 31, s. 280(2)
(2) Subsection 48(2) of the Act is replaced by the
following: Regulations prescribing fees (2) The Governor in Council may, on the recommendation of the Minister, make regulations prescribing fees or the manner of calculating fees to be paid under this Act and respecting the rounding of those fees. 203 The Act is amended by adding the following after section 48:
Statutory Instruments Act 48.1 The Statutory Instruments Act does not apply to
an order made under section 14 or 18. 204 Subsection 49(3) of the Act is replaced by the following:
Limitation period (3) Proceedings by way of summary conviction in respect
of an offence under paragraph (1)(a) may be instituted at any time within but not later than two years after the time when the subject-matter of the proceedings arose. 2012, c. 31, s. 281
205 Section 50 of the Act and the heading before
it are repealed.
Transitional Provisions Definitions 206 The following definitions apply in sections
207 to 210. affected party has the meaning assigned by subsection 10(1) of the Hazardous Materials Information Review Act as that subsection read immediately before the day on which subsection 198(1) of this Act comes into force. (partie touchée) Chief Screening Officer has the meaning assigned by subsection 10(1) of the Hazardous Materials Information Review Act as that subsection read immediately before the day on which subsection 198(1) of this Act comes into force. (agent de contrôle en chef) commencement day means the day on which section 201 comes into force. (date de référence)
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Pending claims for exemption 207 A claim for exemption under the Hazardous Materials Information Review Act that, immediately before the commencement day, was pending before the Chief Screening Officer or before a screening officer assigned under paragraph 12(1)(b) of that Act, as that paragraph read immediately before the commencement day, to review the claim and the safety data sheet or label to which it relates is to be taken up before the Minister of Health and continued in accordance with that Act as it reads on that day.
Appeals 208 An appeal that was filed, before the commencement day, in accordance with section 20 of the Hazardous Materials Information Review Act, as that section read immediately before the commencement day, is continued in accordance with sections 20 to 27 and 43 and 44 of that Act as those sections read immediately before that day. Liability 209 Section 50 of the Hazardous Materials Information Review Act, as that section read immediately before the day on which section 205 of this Act comes into force, continues to apply to members of an appeal board who are exercising their powers or performing their duties or functions in relation to an appeal that is continued under section 208 of this Act.
Representations 210 If, before the commencement day, a notice was published in the Canada Gazette in accordance with paragraph 12(1)(a) of the Hazardous Materials Information Review Act, as that paragraph read immediately before that day, and section 201 of this Act comes into force before the end of the period specified in the notice, an affected party that wishes to make written representations with respect to the claim for exemption in question and the safety data sheet or label to which it relates may, within the period specified in the notice but on or after the commencement day, make those representations to the Minister of Health.
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Coordinating Amendments 2017, c. 20, s. 395
211 (1) If section 201 of this Act comes into force
before section 395 of the Budget Implementation Act, 2017, No. 1, then that section 395 is repealed. (2) If section 201 of this Act and section 395 of the
Budget Implementation Act, 2017, No. 1 come into force on the same day, then that section 395 is deemed to have come into force before that section 201. 2018, c. 27, s. 624
212 (1) If section 201 of this Act comes into force before section 624 of the Budget Implementation Act, 2018, No. 2, then that section 624 is repealed. (2) If section 201 of this Act and section 624 of the Budget Implementation Act, 2018, No. 2 come into force on the same day, then that section 624 is deemed to have come into force before that section 201.
Coming into Force Order in council 213 The provisions of this Subdivision, other than sections 206 to 212, come into force on a day or days to be fixed by order of the Governor in Council.
SUBDIVISION I 1996, c. 10
Canada Transportation Act Amendments to the Act 214 The Canada Transportation Act is amended by adding the following after section 6.1:
Electronic Administration and Enforcement Electronic means 6.2 (1) If the Minister administers or enforces an Act of
Parliament, the Minister may do so using electronic means.
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Designated persons (2) For greater certainty, any person or class of persons
who are designated by the Minister under an Act of Parliament for the purposes of the administration and enforcement of that Act may, in the exercise of their powers or the performance of their duties and functions, use the electronic means that are made available or specified by the Minister. Delegate (3) For greater certainty, a person who has been authorized by the Minister to do anything that may be done by the Minister under an Act of Parliament, may do so using the electronic means that are made available or specified by the Minister. Provision of information 6.3 For the purposes of sections 6.4 and 6.5, providing information includes (a) making an application, request or decision; (b) giving notice; and (c) submitting a document.
Conditions for electronic version 6.4 For the purposes of an Act of Parliament that the
Minister administers or enforces, a requirement under that Act to provide a signature or to provide information in a paper-based format is met if (a) an electronic version of the signature or information is provided by electronic means that are made available or specified by the Minister; and (b) any other condition that is provided for in regulations made under paragraph 6.5(a) is met.
Regulations 6.5 The Governor in Council may make regulations (a) respecting the application of sections 6.2 and 6.4,
including the technology or format to be used, or the standards, specifications or processes to be followed, including for the making or verifying of an electronic signature and the manner in which it is to be used; (b) setting out the circumstances in which a person
who must provide a signature or information under an Act that the Minister administers or enforces is
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required to do so using electronic means and specifying those means; (c) authorizing the Minister to permit or direct the
use of electronic means, other than those referred to in paragraph (b), or non-electronic means and setting out the circumstances in which the Minister may do so; and (d) respecting the date and time when, and the place
where, the electronic version of information is deemed to be sent or received. 215 The Act is amended by adding the following after section 6.5:
Exemptions Application 6.6 (1) A person may, in the form and manner specified by the Minister, apply to the Minister for an order that exempts any person or thing, or class of persons or things, from the application of any provision of an Act of Parliament that the Minister administers or enforces or any provision of an instrument made under that Act.
Information (2) The Minister may, on receiving the application, require the provision of any information that is necessary for the Minister to process and assess the application.
Debts to Her Majesty (3) The Minister may refuse to process or assess the application if the applicant has not paid an amount that, under an Act of Parliament that the Minister administers or enforces, constitutes a debt due to Her Majesty in right of Canada. Order 6.7 (1) The Minister may, by order, exempt, for a period
of not more than five years and subject to any conditions that the Minister considers appropriate, any person or thing, or class of persons or things, from the application of any provision of an Act of Parliament that the Minister administers or enforces or any provision of an instrument made under that Act, if the Minister is of the opinion that the exemption, having regard to the purposes of that Act, is in the public interest and that the exemption promotes innovation in transportation through research, development or testing.
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Extension (2) The Minister may, by order, extend the period of an exemption once, for a further period of not more than five years, subject to any conditions that the Minister considers appropriate.
Statutory Instruments Act (3) The Statutory Instruments Act does not apply to an
order made under this section that applies to a single person or thing. Accessibility (4) The Minister shall ensure that an order referred to in subsection (3) is accessible to the public unless the Minister is of the opinion that it would be inappropriate for reasons that include safety or security considerations or the protection of confidential or personal information.
Exemptions under other Act (5) For greater certainty, the making of an order under
subsection (1) does not preclude or limit the exercise of a power to exempt under an Act of Parliament that is administered or enforced by the Minister and vice versa.
Cost recovery 6.8 The Minister may recover any costs associated with the processing and assessing of an application under section 6.6 and may refuse to make the order requested until those costs are recovered from the applicant.
Coming into Force Order in council 216 Section 215 comes into force on a day to be
fixed by order of the Governor in Council.
SUBDIVISION J 2002, c. 28
Pest Control Products Act 217 Section 17 of the Pest Control Products Act is
amended by adding the following after subsection (5): Scope of special review (6) For the purposes of this section, the Minister shall
initiate a special review only in relation to the aspect of the pest control product that prompted the special review.
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Addition of aspect (7) If the Minister has initiated a re-evaluation of, or a
special review in relation to, a pest control product, the Minister may, at any time before the decision statement is made public under subsection 28(5), expand the scope of the re-evaluation or special review to include any aspect of the product that would otherwise prompt a new special review under subsection (1), (2) or (3). New or amended consultation statement (8) If the Minister expands the scope of a re-evaluation
or special review under subsection (7) after the consultation statement relating to the re-evaluation or special review has been made public under subsection 28(2), the Minister shall make public a new or amended consultation statement under that subsection that takes into account the aspect referred to in subsection (7). 218 The Act is amended by adding the following after section 17:
Discretion of Minister — aspect already covered 17.1 (1) Despite section 17, the Minister may decide not
to initiate a special review in relation to a pest control product if a re-evaluation of, or a special review in relation to, the product has already been initiated that includes the aspect of the product that would otherwise prompt a special review. Discretion of Minister — previous decision statement (2) Despite subsection 17(2), the Minister may decide
not to initiate a special review of a registered pest control product under that subsection if (a) the Minister made public under subsection 28(5) a decision statement respecting a re-evaluation of, or a special review in relation to, that product; (b) the aspect of the product that would otherwise prompt a special review was addressed by the re-evaluation or special review referred to in paragraph (a); and (c) the Minister determines that there is no additional information in relation to the health or environmental risks of the product that provides the Minister with reasonable grounds to believe that those risks are unacceptable.
Duty to make decisions public 17.2 The Minister shall make public each of the following decisions and the reasons for it:
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(a) a decision made under subsection 17(7) to expand
the scope of a re-evaluation or special review to include an aspect that would otherwise prompt a new special review under subsection 17(2); (b) a decision made under subsection 17.1(1) or (2)
not to initiate a special review in relation to an aspect that would otherwise prompt such a review under subsection 17(2). 219 Subsection 18(4) of the Act is replaced by the following:
Evaluation of pest control product (4) After the special review is initiated, the Minister shall, in accordance with the regulations, if any, evaluate only the aspects of the pest control product that are within the scope of the special review and shall carry out the consultations required by section 28.
SUBDIVISION K 2005, c. 20
Quarantine Act 220 Sections 62.1 and 62.2 of the Quarantine Act are repealed.
SUBDIVISION L 2009, c. 24
Human Pathogens and Toxins Act 221 Sections 66.1 and 66.2 of the Human Pathogens and Toxins Act are repealed.
DIVISION 10 R.S., c. R-10
Royal Canadian Mounted Police Act Amendments to the Act 222 The Royal Canadian Mounted Police Act is
amended by adding the following after section 45.173:
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PART V
Management Advisory Board Establishment 45.18 (1) The Management Advisory Board is established. Mandate (2) The mandate of the Management Advisory Board is to provide the Commissioner — on its own initiative or at the Commissioner’s request — with advice, information and reports on the administration and management of the Force, including with respect to (a) the development and implementation of transformation and modernization plans; (b) the effective and efficient use of resources; (c) the actions to be taken to reduce corporate risks; (d) the development and implementation of policies
and management controls that support the operation of the Force; (e) the development and implementation of corporate
and strategic plans; and (f) the development and implementation of operating and capital budgets.
Consideration (2.1) In carrying out its mandate, the Management Advisory Board shall consider the impact of its advice on women, men and gender-diverse people by taking into account the intersection of sex and gender with other identity factors.
Copy or summary to Minister (3) The Management Advisory Board may provide the
Minister with a copy or a summary of any advice, information or report that it provides to the Commissioner. Appointment of members 45.19 (1) The Management Advisory Board is to consist of not more than 13 members to be appointed by the Governor in Council on the recommendation of the Minister.
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Consultation (2) Before making a recommendation to the Governor in
Council with respect to an appointment, the Minister may consult with any government with which the Minister has entered into an arrangement under subsection 20(1). Factors to be considered (2.1) When recommending members, the Minister shall
consider the importance of having a Management Advisory Board that is representative of the diversity of Canadian society and that is comprised of members who have the experience and the capacity required to carry out the Board’s mandate. Tenure (3) The members are to be appointed to hold office on a
part-time basis during pleasure for a renewable term of not more than four years that will ensure, as far as possible, the expiry in any one year of the terms of office of not more than one half of the members.
Chairperson and Vice-chairperson (4) The Governor in Council shall designate, from among
the members of the Management Advisory Board, one person to be the Chairperson and another person to be the Vice-chairperson. Absence of Chairperson (5) If the Chairperson is absent or unable to act or if the
office of Chairperson is vacant, the Vice-chairperson is to act as Chairperson, but he or she is not entitled to act for a period of more than 90 days without the Governor in Council’s approval. Absence of Chairperson and Vice-chairperson (6) If the Chairperson and the Vice-chairperson are absent or unable to act or if those offices are vacant, the Minister may designate a member of the Management Advisory Board to act as Chairperson, but no member so designated is entitled to act for a period of more than 90 days without the Governor in Council’s approval. Security clearance (7) Every member of the Management Advisory Board
shall obtain and maintain the necessary security clearance from the Government of Canada. Ineligibility (8) A person is not eligible to be appointed or to continue
as a member of the Management Advisory Board if the person
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(a) is a member or other person appointed or employed under the authority of Part I; (b) is not a Canadian citizen or a permanent resident
as defined in subsection 2(1) of the Immigration and Refugee Protection Act; (c) is a public office holder as defined in subsection
2(1) of the Conflict of Interest Act, unless the person is a public office holder only by virtue of their appointment as a member of the Management Advisory Board; (d) is employed on a full-time basis in the federal public administration or by a provincial or municipal authority; or (e) is a member of the Senate, the House of Commons, the legislature of a province or a municipal council or is on the staff of such a member.
Remuneration (9) The members of the Management Advisory Board are
to be paid the remuneration that is fixed by the Governor in Council. Travel and living expenses (10) The members of the Management Advisory Board
are entitled to be reimbursed, in accordance with Treasury Board directives, for the travel and living expenses incurred in connection with their work for the Board while absent from their ordinary place of residence. Federal public administration (11) The members of the Management Advisory Board
are deemed to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act. Meetings 45.2 (1) The Chairperson may determine the dates,
times and places at which the Management Advisory Board will meet, but it must meet at least once in each fiscal quarter of each fiscal year. Quarterly meetings in person (2) One meeting in each fiscal quarter of each fiscal year
must be in person.
Off-site participation (3) Except for the meetings referred to in subsection (2),
a meeting of the Management Advisory Board may be
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held by any means of telecommunication that permits all persons who are participating to communicate adequately with each other. A person who is participating by such means is deemed to be present at the meeting. Participation of Deputy Minister and Commissioner (4) The Deputy Minister of Public Safety and Emergency
Preparedness and the Commissioner, or a delegate of each of them, are to receive notice of all meetings of the Management Advisory Board and may attend and take part in, but not vote at, those meetings. Administrative matters 45.21 The Management Advisory Board may (a) set its own priorities and develop its own work
plans; (b) establish procedures governing the carrying out of
its work; and (c) determine the quorum for its meetings.
Right of access to information 45.22 (1) Subject to subsection (2), the Commissioner
shall, at the request of the Management Advisory Board, provide it with timely access to any information under the control, or in the possession, of the Force that the Board considers is necessary to enable it to carry out its mandate. Exception (2) The Management Advisory Board shall not have access to information under the control, or in the possession, of the Force if (a) the provision of access to the Board might compromise or hinder the investigation or prosecution of any offence; (b) the information reveals personal information; or (c) the information constitutes a confidence of the Queen’s Privy Council for Canada, as defined in subsection 39(2) of the Canada Evidence Act.
No waiver 45.23 For greater certainty, the provision of access by
the Commissioner to the Management Advisory Board of any information that is subject to a privilege under the law of evidence, solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation
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privilege does not constitute a waiver of any of those privileges or that secrecy. Statistical and analytical reports 45.24 The Commissioner shall, at the request of the
Management Advisory Board, based on information under the control, or in the possession, of the Force, prepare and provide to the Board any statistical or analytical reports that the Board considers necessary to enable it to carry out its mandate.
Transitional Provision Continuation of members 223 If an Order entitled Order in Council Establishing the Interim Management Advisory Board for the Royal Canadian Mounted Police and Setting Out Its Mandate is made before the day on which section 45.19 of the Royal Canadian Mounted Police Act, as enacted by section 222 of this Act, comes into force, each member of the Interim Management Advisory Board for the Royal Canadian Mounted Police established by that Order who holds office immediately before the day on which that section 45.19 comes into force continues in office, as if they had been appointed under that section 45.19, for the remainder of the term for which they had been appointed.
Coming into Force Order in council 224 This Division comes into force on a day to be fixed by order of the Governor in Council.
DIVISION 11 R.S., c. P-14
Pilotage Act Amendments to the Act 2001, c. 26, s. 316
225 (1) The definition licence in section 1.1 of the Pilotage Act is replaced by the following:
licence means a licence issued by the Minister under subsection 38.1(1). (brevet)
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2001, c. 26, s. 316
(2) The definitions apprentice pilot, licensed pilot and pilot in section 1.1 of the English version of the Act are replaced by the following:
apprentice pilot means an individual who is training to become a licensed pilot. (apprenti-pilote) licensed pilot means an individual who holds a valid licence. (pilote breveté) pilot means any individual who does not belong to a ship and who has the conduct of it. (pilote) (3) Section 1.1 of the Act is amended by adding
the following in alphabetical order: Authority means a Pilotage Authority established by section 3. (Administration) authorized representative has the same meaning as in section 2 of the Canada Shipping Act, 2001. (représentant autorisé) compulsory pilotage means, in respect of a ship, the requirement that the ship be under the conduct of a licensed pilot or a pilotage certificate holder. (pilotage obligatoire) compulsory pilotage area means an area of water in which ships are subject to compulsory pilotage. (zone de pilotage obligatoire) Minister means the Minister of Transport. (ministre) person includes a partnership, an unincorporated organization, an association and a trust. (personne) person in charge means, in respect of a ship, the owner, master or authorized representative of the ship, and any individual who is or appears to be in command, control or charge of the ship or who has management of the ship, but does not include a licensed pilot, while the pilot is exercising their powers or performing their duties or functions under this Act. (responsable) pilotage certificate means a certificate issued by an Authority under section 22. (certificat de pilotage) pilotage certificate holder means the holder of a valid pilotage certificate. (titulaire d’un certificat de pilotage) regular member of a ship’s complement means an individual who occupies a position on board a ship for the
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purpose of meeting the requirements of the Marine Personnel Regulations for safe manning in relation to a proper deck watch and the safe operation of the ship. (membre régulier de l’effectif du navire) Tribunal means the Transportation Appeal Tribunal of Canada established under subsection 2(1) of the Transportation Appeal Tribunal of Canada Act. (Tribunal)
(4) The definition pilotage certificate in section 1.1
of the Act is replaced by the following: pilotage certificate means a certificate issued by the Minister under subsection 38.1(2). (certificat de pilotage) (5) Section 1.1 of the Act is amended by adding the following in alphabetical order:
Agency means the Canadian Transportation Agency. (Office) pilotage charge means a charge referred to in subsection 33(1). (redevances de pilotage) 2001, c. 26, s. 316
226 Section 2 of the Act and the headings before it are replaced by the following:
Purpose and Principles Purpose and principles 2 The purpose of this Act is to set out a framework for
the provision of pilotage services in accordance with the following principles: (a) that pilotage services be provided in a manner that promotes and contributes to the safety of navigation, including the safety of the public and marine personnel, and that protects human health, property and the environment; (b) that pilotage services be provided in an efficient
and cost-effective manner; (c) that risk management tools be used effectively and
that evolving technologies be taken into consideration; and
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(d) that an Authority’s pilotage charges be set at levels
that allow the Authority to be financially self-sufficient. 227 Section 3 of the Act is amended by adding the following after subsection (3.1):
Ineligibility (3.2) An individual who is engaged in the business of providing pilotage services — or who is employed by a person that is engaged in the business of providing pilotage services or that uses pilotage services — is not eligible to be the Chairperson or other member of an Authority. 228 The portion of section 4 of the Act before
paragraph (a) is replaced by the following: Alteration 4 The Governor in Council may, by order, 1998, c. 10, s. 146
229 Section 5 of the Act is repealed. 2001, c. 26, par. 318(a)
230 Subsection 14(3) of the Act is replaced by the following:
Expenses (3) Each member of an Authority is entitled to be paid reasonable travel and other expenses incurred by the member while absent from their ordinary place of residence in the course of their duties under this Act.
1998, c. 10, s. 148
231 Subsection 15.2(2) of the Act is replaced by the following:
Decision of arbitrator (2) The arbitrator shall consider, among other things, the principles set out in section 2 and, within 15 days, choose one or other of the final offers in its entirety. 232 The Act is amended by adding the following after section 15.3:
Content of contracts for service 15.4 An Authority is not authorized to enter into or amend a contract for services referred to in subsection 15(2) that deals with a subject referred to in any of paragraphs 52(1)(a) to (o).
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Availability of contracts for service 15.5 An Authority shall, on request, provide to any person a copy of any contract for services referred to in subsection 15(2) that the Authority has entered into. Contract pilots 15.6 If an Authority requires the services of a licensed pilot in a compulsory pilotage area for which the Authority has no employees or for which a body corporate referred to in subsection 15(2) has not been established, the Authority may contract with one or more licensed pilots for the provision of those services. 233 Subparagraph 17(1)(b)(ii) of the Act is replaced by the following: (ii) the powers of the Authority, except the power
to make a by-law; and 234 The heading before section 18 and section 18
of the Act are replaced by the following:
Objects and Powers Objects 18 In keeping with the principles set out in section 2, the objects of an Authority are to establish, operate, maintain and administer, in the interests of safety of navigation, an efficient pilotage service within the region set out in respect of the Authority in the schedule.
2001, c. 27, s. 268
235 Sections 20 to 23 of the Act are repealed.
2001, c. 26, par. 318(b)
236 Sections 25 and 26 of the Act are repealed.
2006, c. 9, pars. 294(d)(E) and (e)(E)
237 Sections 27 to 32 of the Act are repealed.
1996, c. 10, s. 251(2); 1998, c. 10, ss. 149 to 151
238 The heading before section 33 and sections 33 to 35 of the Act are replaced by the following:
Charges Pilotage charges 33 (1) An Authority may, by resolution, establish or revise charges to be paid to the Authority for services that
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the Authority provides or makes available in relation to compulsory pilotage, including charges for (a) the services of a licensed pilot or apprentice pilot for a ship that is subject to compulsory pilotage; (b) the use of a pilot boat or other conveyance; (c) the use of communications equipment; (d) travel and other expenses incurred by a licensed
pilot or apprentice pilot that are directly associated with an assignment to pilot a ship; (e) the carriage of a licensed pilot or apprentice pilot
on a ship beyond the area for which the services of the pilot were engaged; (f) the interruption or extension of a licensed pilot’s or apprentice pilot’s assignment on board a ship or otherwise; and (g) the cancellation of a request for the services of a licensed pilot.
Other charges (2) An Authority may, by resolution, establish or revise charges to be paid to the Authority for services that the Authority provides or makes available — other than services related to compulsory pilotage — including advisory services and the use of simulators.
Outstanding and unpaid charges 33.1 An Authority may charge interest on outstanding and unpaid charges.
Charging principles 33.2 (1) An Authority shall observe the following charging principles when establishing or revising pilotage charges: (a) that pilotage charges be established and revised in
accordance with an explicit methodology — that includes any conditions affecting the pilotage charges — that the Authority has established and published; (b) that pilotage charges be structured in a way that
does not encourage a user to engage in practices that diminish safety for the purpose of avoiding a charge; (c) that pilotage charges be the same for Canadian
users or ships and foreign users or ships;
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(d) that pilotage charges be set at levels that allow the
Authority to be financially self-sufficient and be fair and reasonable; and (e) that pilotage charges not be set at levels that, based on reasonable and prudent projections, would generate revenues exceeding the Authority’s current and future financial requirements related to the provision of compulsory pilotage services.
Financial requirements (2) For the purposes of paragraph (1)(e), financial requirements include (a) operations and maintenance costs; (b) management and administration costs; (c) debt servicing requirements and financial requirements arising out of contractual agreements relating to the borrowing of money; (d) capital costs and depreciation costs on capital assets; (e) financial requirements necessary for the Authority to maintain an appropriate credit rating; (f) tax liability; (g) payments to the Minister for the purpose of defraying the costs of the administration of this Act, including the development of regulations, and the enforcement of this Act; (h) reasonable reserves for future expenditures and
contingencies; and (i) other costs determined in accordance with accounting principles recommended by the Chartered Professional Accountants of Canada or its successor or assign. Notice of proposal 33.3 (1) An Authority shall publish on its website a notice of any proposal to establish or revise a pilotage charge. Contents of notice (2) The notice is to (a) describe the proposal, including by setting out the Authority’s reasons for establishing or revising the
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pilotage charge and the circumstances in which the charge would apply; (b) indicate that any person may make representations about the proposal to the Authority, in writing, on or before the date set out in the notice, which date is not to be earlier than 30 days after the day on which the notice is published; (c) indicate that any person making written representations is to include a summary of those representations and that the summary may be made public by the Authority; and (d) indicate that any person making written representations by the date set out in the notice will have an opportunity to file with the Agency a notice of objection related to the proposal. Changes to proposal (3) If, after publication of the notice and consideration of the written representations, the Authority elects to modify the proposal, other than by reducing the proposed amount of the pilotage charge, the Authority shall publish on its website a new notice with the content referred to in subsection (2), a description of the changes to the proposal and the reasons for them.
Announcement of decision 33.4 (1) After considering all written representations
referred to in paragraph 33.3(2)(b), the Authority shall publish on its website an announcement that sets out its decision in respect of the proposal. Contents of announcement (2) Unless the Authority decides to abandon the proposal, the announcement is to (a) set out the reasons for the decision; (b) describe the pilotage charge and the circumstances in which it will apply, including the date on which it will take effect, which date is not to be earlier than 60 days after the day on which the announcement is published; (c) provide a summary of the written representations
referred to in paragraph 33.3(2)(b) and of the Authority’s analysis of any issues and concerns brought to its attention in the representations, including how it considered these issues and concerns in its decision; and (d) indicate that a person may file with the Agency a
notice of objection related to the decision to establish
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or revise a pilotage charge, the grounds for filing a notice of objection and how to file it.
Notice of objection 34 (1) A person may, within 90 days after the day on
which the announcement referred to in section 33.4 is published, file with the Agency a notice of objection, in the form and manner determined by the Agency, related to the decision to establish or revise a pilotage charge.
Delay in case of failure to publish (2) If the Authority establishes or revises a pilotage charge without publishing a notice referred to in section 33.3 or an announcement referred to in section 33.4, the notice of objection may be filed within 90 days after the day on which the new or revised pilotage charge comes into effect.
Grounds for filing notice (3) A notice of objection may be filed only if (a) the pilotage charge was not established or revised in accordance with the charging principles referred to in subsection 33.2(1); or (b) the Authority did not comply with the requirements set out in section 33.3 or 33.4. Effect of notice (4) A pilotage charge is not suspended or prevented from
taking effect by reason of a notice of objection and, until the Agency disposes of the objections set out in the notice, the Agency shall not make an order suspending the pilotage charge or preventing it from taking effect. Orders of Agency 35 (1) If the Agency determines that an objection set out
in a notice of objection under section 34 is well founded, it may order the Authority to (a) cancel the establishment or revision of the pilotage charge in question; (b) reinstate any pilotage charge that was in effect immediately before the pilotage charge in question took effect; (c) refund to each user of compulsory pilotage services the amount they paid on account of the pilotage charge the establishment of which is cancelled under paragraph (a) or the amount they paid in excess of the pilotage charge reinstated under paragraph (b);
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(d) in a case in which the Authority did not comply
with the requirements set out in section 33.3 or 33.4, suspend the establishment or revision of the pilotage charge in question until the Authority has taken the measures set out in the order; or (e) take any other appropriate measures.
Refund (2) If under paragraph (1)(c) the Agency orders the Authority to make a refund to a user of compulsory pilotage services, (a) the Agency shall allow the person who filed the notice of objection and the Authority to make representations to the Agency before fixing the period within which the refund is to be made; and (b) the Authority may make the refund to the user by
making a repayment or issuing a credit, but any remaining credit is to be repaid to the user within the period fixed by the Agency. Interest on amount of refund (3) If the Agency orders the Authority to make a refund
to a user under paragraph (1)(c), the amount of the refund is to include interest at the interest rate charged by banks to their most credit-worthy borrowers for shortterm business loans, as determined and published by the Bank of Canada for the month in which the order is made. Reasons (4) The Agency shall provide the person who filed the
notice of objection and the Authority with written reasons for any decision made under subsection (1) and, if applicable, any decision to fix the period within which the Authority is to make a refund to a user of compulsory pilotage services. 239 The heading before section 36.01 of the Act is replaced by the following:
Financial Provisions 240 Section 37 of the Act is replaced by the following:
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Power to invest 37 An Authority may, with the approval of the Minister
of Finance, invest any moneys not immediately required for the purposes of the Authority in any class of financial asset. Payment to Minister 37.1 For the purpose of defraying the costs of the administration of this Act, including the development of regulations, and the enforcement of this Act, an Authority shall, on request, pay to the Minister an amount specified by the Minister in a time and manner specified by the Minister. 241 The Act is amended by adding the following after section 38:
Conduct of Ship Subject to Compulsory Pilotage Prohibition where pilotage compulsory 38.01 (1) No individual shall have the conduct of a ship
within a compulsory pilotage area unless they are a licensed pilot for that compulsory pilotage area or a regular member of the ship’s complement who is a pilotage certificate holder for that compulsory pilotage area. Non-application (2) Subsection (1) does not apply if (a) the master of the ship takes the conduct of it in accordance with subsection 38.02(1); (b) the relevant Authority waives compulsory pilotage; or (c) the ship is in Canadian waters that are contiguous
with waters of the United States, the ship is under the conduct of an individual who is authorized to have the conduct of a ship by an appropriate authority of the United States and the conditions set out in the regulations are met.
Pilot responsible to master (3) A licensed pilot or pilotage certificate holder who has
the conduct of a ship is responsible to the master for the safe navigation of the ship.
When disqualified from pilotage (4) No licensed pilot or pilotage certificate holder shall
have the conduct of a ship within a compulsory pilotage
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area or be on duty on board a ship under a regulation requiring a ship to have a licensed pilot or a pilotage certificate holder on board if (a) they know of any physical or mental disability that
prevents them from meeting the qualifications required for their licence or pilotage certificate; (b) their ability is impaired by alcohol or a drug or
from any other cause; or (c) their licence or pilotage certificate is suspended.
Prohibition — alcohol or drug consumption (5) No licensed pilot or pilotage certificate holder shall, while on duty, consume alcohol or any drug that may impair the ability of that pilot or holder to have the conduct of the ship.
Power to take conduct of ship 38.02 (1) If the master of a ship believes on reasonable
grounds that the actions of a licensed pilot or a pilotage certificate holder on board a ship are, in any way, endangering the safety of the ship, the master may, in the interest of the safety of the ship, take the conduct of the ship in place of the licensed pilot or pilotage certificate holder or relieve the licensed pilot from duty on board ship. Master to report (2) The master of a ship who takes the conduct of it in accordance with subsection (1) shall, within three days of taking the conduct of it, file a written report with the Minister that sets out the master’s reasons for doing so. 242 The Act is amended by adding the following after section 38.02:
Licences and Pilotage Certificates Issue of licence 38.1 (1) The Minister shall issue a licence for a compulsory pilotage area to an individual who applies in writing if the Minister is satisfied that the applicant meets the qualifications provided for in the regulations.
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Issue of pilotage certificate (2) The Minister shall issue a pilotage certificate for a compulsory pilotage area to an individual who applies in writing if the Minister is satisfied that the applicant (a) meets the qualifications provided for in the regulations; and (b) has a degree of skill and local knowledge of the waters of the compulsory pilotage area that is similar to that required of an applicant for a licence for that compulsory pilotage area.
Citizenship (3) To be eligible for a licence or pilotage certificate, the
applicant shall be (a) a Canadian citizen; or (b) a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act who has not been ordinarily resident in Canada for six years or who has been ordinarily resident in Canada for six years or more and is shown, to the satisfaction of the Minister, not to have become a Canadian citizen as a result of circumstances beyond the control of the applicant.
Refusal to issue 38.2 (1) The Minister may refuse to issue a licence or
pilotage certificate if (a) the applicant has acted fraudulently or improperly
or has misrepresented a material fact; (b) the Minister is of the opinion that the public interest and, in particular, the record of the applicant warrant it; or (c) the applicant has not paid a fee for services related to the licence or pilotage certificate or has not paid a fine or penalty imposed on them under this Act.
Notice after refusal to issue (2) The Minister shall, immediately after refusing to issue a licence or pilotage certificate, give the applicant a notice confirming the refusal and setting out the grounds on which the Minister has refused to issue the licence or pilotage certificate. Request for review 38.3 (1) An applicant who receives a notice under subsection 38.2(2) may, on or before the date specified in the notice or within any further time that the Tribunal on
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application allows, file a written request for a review of the decision.
Date, time and place for review (2) On receipt of the request, the Tribunal shall appoint a
date, time and place for the review and shall notify the Minister and the applicant of the date, time and place in writing. Review procedure (3) The member of the Tribunal assigned to conduct the
review shall provide the Minister and the applicant with an opportunity consistent with procedural fairness and natural justice to present evidence and make representations. Determination (4) The member may confirm the Minister’s decision or refer the matter back to the Minister for reconsideration.
Validity period 38.4 (1) A licence or pilotage certificate is valid for the period specified by the Minister.
Possession of licence or pilotage certificate (2) No person other than the individual to whom it was issued shall possess a licence or pilotage certificate.
Production of licence or pilotage certificate 38.5 Every licensed pilot or pilotage certificate holder
shall produce their licence or pilotage certificate to the Minister on request. Lost licence or pilotage certificate 38.6 The Minister may issue a replacement for a mislaid, lost or destroyed licence or pilotage certificate if the individual to whom it was issued applies in the form and manner specified by the Minister and provides the information and the documents specified by the Minister.
Suspension, cancellation or refusal to renew 38.7 (1) Subject to section 38.8, the Minister may suspend, cancel or refuse to renew a licence or pilotage certificate if the Minister is satisfied that (a) the individual to whom it was issued no longer
meets the qualifications provided for in the regulations for the issuance of the licence or pilotage certificate;
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(b) in the case of a pilotage certificate, the individual
to whom it was issued no longer has a degree of skill and local knowledge of the waters of the compulsory pilotage area that is similar to that required of an applicant for a licence for that compulsory pilotage area; (c) a condition attached to the licence or pilotage certificate has been contravened; (d) the licence or pilotage certificate was obtained by fraudulent or improper means or a misrepresentation of a material fact; (e) the individual to whom it was issued has not paid a fine or penalty imposed on them under this Act; (f) the individual to whom it was issued has contravened a provision of this Act or the regulations; or (g) in the case of a refusal to renew, (i) the applicant has not paid a fee for services related to the licence or pilotage certificate, or (ii) the Minister is of the opinion that the public interest and, in particular, the record of the applicant warrant it.
Return of licence or pilotage certificate (2) If a licence or pilotage certificate is suspended or cancelled, the individual to whom it was issued shall return it, as soon as possible, to the Minister.
Notice before decision 38.8 The Minister shall, before suspending or cancelling
a licence or pilotage certificate, give the individual to whom it was issued 30 days’ notice of the proposed suspension or cancellation. The notice is to set out the grounds on which the Minister proposes to suspend or cancel the licence or pilotage certificate. Exception 38.81 (1) The Minister may suspend or cancel a licence or pilotage certificate without complying with section 38.8 if, on ex parte application by the Minister, the Tribunal determines that compliance with that section is not in the interest of public safety.
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Decision within 24 hours (2) The Minister’s application is to be heard by a member of the Tribunal, sitting alone, whose determination is to be made within 24 hours after the application is filed with the Tribunal.
Appeal (3) The Minister may, within 24 hours after the determination, appeal the determination to the Tribunal.
Decision within 48 hours (4) The appeal panel of the Tribunal assigned to hear the
appeal shall make a decision within 48 hours after the appeal is filed with the Tribunal. Notice after decision 38.82 Except if a notice is given under section 38.8, the Minister shall, immediately after suspending, cancelling or refusing to renew a licence or pilotage certificate, give the individual to whom it was issued a notice that confirms the suspension, cancellation or refusal and that sets out the grounds on which the Minister suspended, cancelled or refused to renew the licence or pilotage certificate.
Request for review 38.83 (1) Subject to subsection (2), the individual who
is referred to in a notice under section 38.8 or 38.82 may, on or before the date specified in the notice or within any further time that the Tribunal on application allows, file a written request for a review of the decision referred to in the notice. Exception (2) The request is not to be filed with, or accepted by, the
Tribunal if the grounds for suspending, cancelling or refusing to renew the licence or pilotage certificate are set out in paragraph 38.7(1)(e) or subparagraph 38.7(1)(g)(i). Effect of request (3) The filing of a request for a review in respect of a notice under section 38.8 operates as a stay of the proposed suspension or cancellation until the matter is finally disposed of in accordance with this section or section 38.84.
Date, time and place for review (4) On receipt of the request, the Tribunal shall appoint a date, time and place for the review and shall notify the Minister and the individual of the date, time and place in writing.
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Review procedure (5) The member of the Tribunal assigned to conduct the
review shall provide the Minister and the individual with an opportunity consistent with procedural fairness and natural justice to present evidence and make representations. Individual not compelled to testify (6) In a review of a decision made under paragraph
38.7(1)(f), the individual is not required, and is not to be compelled, to give any evidence or testimony in the matter. Determination (7) The member may confirm the Minister’s decision or
refer the matter back to the Minister for reconsideration. Right of appeal 38.84 (1) Both the Minister and the individual may appeal to the Tribunal a determination made under subsection 38.3(4) or 38.83(7). The time limit for making an appeal is 30 days after the determination.
Loss of right of appeal (2) A party that does not appear at a review hearing is not entitled to appeal a determination, unless they establish that there was sufficient reason to justify their absence.
Disposition of appeal (3) The appeal panel of the Tribunal that is assigned to hear the appeal may dismiss the appeal or refer the matter back to the Minister for reconsideration. 243 Section 39 of the English version of the Act is
replaced by the following: Her Majesty or Authority not liable 39 Her Majesty, or an Authority, is not liable for any
damage or loss occasioned by the fault, neglect, want of skill or wilful and wrongful act of a licensed pilot or a pilotage certificate holder. 244 Subsection 40(1) of the Act is replaced by the
following: Limitation of liability 40 (1) A licensed pilot who meets the conditions of their
licence is not liable in damages in excess of $1,000 for any damage or loss occasioned by their fault, neglect or want of skill.
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2001, c. 26, par. 318(c)
245 The portion of section 41 of the Act before
paragraph (a) is replaced by the following: Liability of owner 41 Nothing in this Act exempts the owner or master of any ship from liability for any damage or loss occasioned by the ship to any person or property on the ground that 246 Section 43 of the English version of the Act is replaced by the following:
Pilotage charges payable for leading 43 If a ship in a compulsory pilotage area having on
board a licensed pilot leads any ship subject to compulsory pilotage that does not have a licensed pilot or a pilotage certificate holder on board during any period in which the ship so led cannot, by reason of the circumstances existing at the time, be boarded, the ship so led is liable to the Authority for all pilotage charges as if a licensed pilot had been on board and piloted that ship. 247 Section 44 of the Act is replaced by the following: Pilotage charge — proceeding without pilot 44 Unless the relevant Authority waives compulsory pilotage, a ship that is subject to compulsory pilotage and proceeds through a compulsory pilotage area while not under the conduct of a licensed pilot or a pilotage certificate holder is liable to that Authority for all pilotage charges as if the ship had been under the conduct of a licensed pilot.
R.S., c. 1 (2nd Supp.), s. 213(2) (Sch. II, item 7)(F)
248 Section 45 of the French version of the Act is replaced by the following:
Redevances exigibles et impayées 45 Il est interdit à l’agent des douanes qui est de service dans un port canadien de donner congé à un navire s’il est informé par une Administration que des redevances de pilotage concernant le navire sont exigibles et impayées. 249 The Act is amended by adding the following after section 45:
Canada Shipping Act, 2001 documents 45.1 (1) The Minister may suspend, cancel or refuse to issue or renew any document — including a certificate,
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licence or permit — under the Canada Shipping Act, 2001, if the applicant or the holder of the document (a) has contravened a direction given under subsection 46.12(3) or (4); or (b) has not paid a fine or penalty imposed on them
under this Act.
Corporation (2) If the applicant or the holder of the document referred to in subsection (1) is a corporation, the Minister may take the measures referred to in that subsection if a director, officer or agent or mandatary of the corporation (a) has contravened a direction given under subsection 46.12(3) or (4); or (b) has not paid a fine or penalty imposed on them
under this Act.
1998, c. 10, par. 158(a)
250 Subsection 46(1) of the Act is replaced by the
following: Pilotage to and from St. Lambert Lock 46 (1) Despite the boundaries of the regions set out in the schedule in respect of the Great Lakes Pilotage Authority and the Laurentian Pilotage Authority, and despite the boundaries of any compulsory pilotage area, (a) a pilot licensed for a compulsory pilotage area that
is in the region of the Great Lakes Pilotage Authority and that is specified in the regulations may pilot a ship from the wait wall north of St. Lambert Lock into that Lock; (b) a pilot licensed for a compulsory pilotage area that
is in the region of the Laurentian Pilotage Authority and that is specified in the regulations may pilot a ship from the wait wall south of St. Lambert Lock or from within that Lock into the region set out in respect of the Laurentian Pilotage Authority in the schedule; and (c) a pilot licensed for a compulsory pilotage area that
is in the region of the Laurentian Pilotage Authority and that is specified in the regulations may pilot a ship either directly or from the wait wall north of St. Lambert Lock into that Lock.
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251 The Act is amended by adding the following after section 46:
Electronic Administration and Enforcement Powers 46.01 (1) The Minister may administer and enforce this
Act using electronic means.
Authorized persons (2) For greater certainty, any person or class of persons
who are designated under section 46.1 as authorized persons may, in the exercise of their powers or the performance of their duties and functions, use the electronic means that are made available or specified by the Minister. Delegation (3) For greater certainty, a person who has been authorized by the Minister to do anything that may be done by the Minister under this Act may do so using the electronic means that are made available or specified by the Minister.
Decision by automated system (4) For greater certainty, an electronic system, including
an automated system, may be used by the Minister to make a decision under this Act, and may be used by an authorized person to make a decision under this Act if the system is made available to the authorized person by the Minister. Conditions for electronic version 46.02 If this Act requires a signature to be provided, an application, request or decision to be made, notice to be given, information to be provided or a document to be submitted in its original form, the electronic version of the signature, application, request or decision, notice, information or document meets the requirement if (a) the electronic version is provided by the electronic means, including an electronic system, that are made available or specified by the Minister; and (b) any other requirements that may be provided for
in the regulations have been met.
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Regulations 46.03 (1) The Governor in Council may make regulations respecting the application of section 46.01 and paragraph 46.02(b), including regulations respecting (a) the technology or format to be used, or the standards, specifications or processes to be followed, including for the making or verifying of an electronic signature and the manner in which it is to be used; and (b) the date and time when, and the place where, an electronic version of an application, request, decision, document, notice or any information is deemed to be sent or received.
Requirement to use electronic means (2) The regulations may require a person or ship that makes an application or request, gives notice, submits any document or provides information under this Act to do so using electronic means, including an electronic system. The regulations may also include provisions respecting those means, including that system, respecting the circumstances in which that application or request may be made, the notice may be given, the document may be submitted or the information may be provided by other means, and respecting those other means.
Minister’s power (3) The regulations may prescribe the circumstances in
which the Minister may require a person or ship that makes an application or request, gives notice, submits any document or provides information under this Act to do so using any means that are specified by the Minister.
Electronic payments (4) The regulations may (a) require that payments that are to be made or evidence of payment that are to be provided under this Act are to be made or provided by means of an electronic system; (b) include provisions respecting such a system, respecting the circumstances in which those payments may be made or evidence of payments may be provided by other means, and respecting those other means; and (c) include provisions respecting the date and time when, and the place where, an electronic payment or evidence of payment is deemed to be sent or received.
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252 The Act is amended by adding the following after section 46:
Enforcement Designation of Authorized Persons Designation by Minister 46.1 The Minister may designate persons or classes of persons as authorized persons for the purposes of the administration and enforcement of this Act and may limit in any manner that he or she considers appropriate the powers that the authorized persons may exercise under this Act.
Certificate of designation 46.11 The Minister shall provide every authorized person with a certificate of their designation and, if the authorized person’s powers are limited under section 46.1, the certificate is to specify the powers that the authorized person may exercise.
Compliance Measures Authority to enter 46.12 (1) An authorized person may, for a purpose related to verifying compliance or preventing non-compliance with this Act, enter a place, including a ship, in which the authorized person has reasonable grounds to believe that (a) there is anything to which this Act applies; (b) there has been carried on, is being carried on or is likely to be carried on any activity in respect of which this Act applies; or (c) there is any book, record, electronic data or other
document relating to the application of this Act.
Powers on entry (2) The authorized person may, for that purpose, (a) examine the place and anything in the place; (b) use any means of communication or cause it to be used; (c) use any computer system or data processing system, or cause it to be used, to examine data contained in or available to it;
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(d) prepare or cause to be prepared any document, in
the form of a printout or other intelligible output, from the data; (e) direct any person to produce for inspection, or for
the purposes of making copies or taking extracts, any document; (f) use any copying equipment or cause it to be used; (g) conduct tests or analyses; (h) take measurements or samples; (i) take photographs or make recordings or sketches; (j) remove anything for the purposes of examination,
testing or copying; (k) direct any person to put anything into operation or to cease operating it; (l) prohibit or limit access to all or part of the place or to anything in the place; and (m) direct any person to establish their identity to the
authorized person’s satisfaction.
Powers — direction to provide information (3) An authorized person may, for a purpose related to
verifying compliance or preventing non-compliance with this Act, (a) direct any person to provide any information; and (b) direct a ship, if it is about to enter or is within
Canadian waters, to provide any information.
Powers — direction to ship (4) If an authorized person has reasonable grounds to believe that an offence under this Act has been committed, they may direct a ship that is about to enter or is within Canadian waters (a) to stop; (b) to proceed through those waters, or to proceed to the place within those waters that they may specify, by the route and in the manner that they may specify, and to moor, anchor or remain there for any reasonable period that they may specify;
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(c) to proceed out of those waters by the route and in the manner that they may specify; or (d) to remain outside those waters.
Dwelling house or living quarters 46.13 (1) An authorized person shall not enter a
dwelling house or living quarters under subsection 46.12(1) without the consent of the occupant except under the authority of a warrant issued under subsection (2), unless the authorized person has reasonable grounds to believe that the dwelling house or living quarters are not being lived in. Authority to issue warrant (2) On ex parte application, a justice of the peace may issue a warrant authorizing an authorized person to enter a dwelling house or living quarters, subject to any conditions that may be specified in the warrant, if the justice is satisfied by information on oath that (a) the dwelling house or living quarters are a place referred to in subsection 46.12(1); (b) entry to the dwelling house or living quarters is necessary for a purpose related to verifying compliance or preventing non-compliance with this Act; and (c) entry was refused by the occupant or there are reasonable grounds to believe that entry will be refused by, or that consent to entry cannot be obtained from, the occupant.
Use of force (3) In executing a warrant to enter a dwelling house or
living quarters, an authorized person may use force only if the use of force has been specifically authorized in the warrant and they are accompanied by a peace officer.
Telewarrant (4) If an authorized person believes that it would not be
practicable to appear personally to make an application for a warrant under subsection (2), a warrant may be issued by telephone or other means of telecommunication on information submitted by telephone or other means of telecommunication, and section 487.1 of the Criminal Code applies for that purpose, with any necessary modifications. Disposition of sample 46.14 (1) An authorized person who takes a sample under paragraph 46.12(2)(h) may dispose of it in any manner that they consider appropriate or may submit it for
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analysis or examination to any person the Minister considers appropriate. Certificate or report (2) A person that has made an analysis or examination
under subsection (1) may issue a certificate or report that sets out the results of the analysis or examination. Certificate or report admissible in evidence (3) Subject to subsections (4) and (5), the certificate or report is admissible in evidence in any proceeding related to a contravention of this Act and, in the absence of any evidence to the contrary, is proof of the statements contained in it without proof of the signature or official character of the person appearing to have signed it.
Attendance of person (4) The party against which the certificate or report is
produced may, with leave of the court or of the Tribunal, require for the purposes of cross-examination the attendance of the person that issued it. Notice (5) The certificate or report may be admitted in evidence only if the party that intends to produce it has given to the party against which it is intended to be produced reasonable notice of that intention, together with a copy of the certificate or report.
Return of anything removed 46.15 (1) Anything removed under paragraph 46.12(2)(j) is to be returned as soon as feasible after it is no longer required for the purpose for which it was taken unless (a) the thing, in the authorized person’s opinion, is no
longer useful; or (b) the owner is unknown or cannot be located.
Thing not returned (2) An authorized person may dispose of anything that is not returned under subsection (1) in the manner that they consider appropriate, and any proceeds realized from the disposition are to be paid to the Receiver General.
Interference 46.16 Unless authorized by an authorized person, it is
prohibited for a person to knowingly move, alter or interfere in any way with a sample taken under paragraph 46.12(2)(h) or anything removed under paragraph 46.12(2)(j).
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Seizure 46.17 For the purpose referred to in subsection 46.12(1),
an authorized person may seize and detain anything (a) by means of which or in relation to which they
have reasonable grounds to believe that any provision of this Act or of the regulations has been contravened; or (b) that they have reasonable grounds to believe will
afford evidence in respect of a contravention of any provision of this Act or of the regulations. Custody of thing seized 46.18 If an authorized person seizes a thing, the authorized person, or any person that they may designate, shall retain custody of the thing, subject to any order made under section 490 of the Criminal Code. Liability for costs and expenses 46.19 If there is more than one owner of a thing seized
or forfeited under this Act, the owners are jointly and severally, or solidarily, liable for the amount due or payable in respect of the costs and expenses resulting from the seizure, forfeiture or disposition of the thing in excess of any proceeds of disposition of the thing that have been forfeited to Her Majesty in right of Canada under this Act. Detention order 46.2 (1) An authorized person may order the detention
of a ship if the authorized person has reasonable grounds to believe that an offence under this Act has been committed by or in respect of the ship. Order in writing (2) The detention order is to be in writing and be addressed to every person empowered to grant clearance to the ship. Service of detention order notice (3) Subject to subsection (4), notice of a detention order is to be served (a) by delivering a copy of the notice to the authorized
representative of the ship or, in the absence of an authorized representative, a person in charge of the ship; or (b) if service cannot reasonably be effected in the
manner provided in paragraph (a), by posting a copy of the notice on any conspicuous part of the ship.
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Public notice of detention order (4) If service cannot reasonably be effected in the manner provided in paragraph (3)(a) or (b), public notice of the detention order is to be given. Contents of notice (5) The notice is to indicate (a) the measures that are to be taken for the detention order to be rescinded; and (b) the amount and form of any security that is to be deposited with the Minister.
Notification of foreign state (6) If the ship that is subject to a detention order is registered in a foreign state, that state is to be notified that the order was made. Movement of ship prohibited (7) Subject to subsection 46.22(1), it is prohibited for a
person to move a ship that is subject to a detention order. Granting clearance prohibited (8) It is prohibited for a person to which a detention order is addressed, after they have received notice of the order, to grant clearance to the ship that is subject to the order, unless they have been notified that the order has been rescinded.
Rescission of order (9) An authorized person may rescind a detention order
if, in their opinion, it would be in the public interest to do so. However, an authorized person shall rescind a detention order if they are satisfied that the measures indicated in the notice referred to in subsection (5) have been taken and, if applicable, security in the amount and form indicated in the notice has been deposited with the Minister. Notice of rescission (10) An authorized person who rescinds a detention order shall notify, in the form and manner specified by the Minister, the persons referred to in subsection (2) and the persons on which the notice was served under paragraph (3)(a) of the rescission. Liability for costs and expenses (11) The authorized representative of a ship that is subject to a detention order or, in the absence of an authorized representative, the owner of that ship is liable for all costs and expenses resulting from the detention.
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Return of security (12) If, in the Minister’s opinion, the matter has been resolved, the Minister (a) may apply the security to reimburse Her Majesty
in right of Canada, in whole or in part, for any of the costs and expenses resulting from the detention of the ship or to pay to Her Majesty in right of Canada, in whole or in part, any fine or penalty imposed under this Act; and (b) shall return the security, or any part of it that remains if it is applied under paragraph (a), if all costs and expenses and any fine or penalty imposed under this Act have been paid.
Interference with service of notice 46.21 It is prohibited for a person to knowingly interfere with the service of a notice of a detention order.
Permission or direction to move ship 46.22 (1) The Minister may, in respect of a ship that is subject to a detention order, (a) on application made by the authorized representative of the ship or, in the absence of an authorized representative, the person in charge of the ship, permit the ship to be moved in accordance with the Minister’s directions; and (b) on application made by the owner of a dock — or by the person in charge of a place — at which the detained ship is situated, direct the authorized representative or person in charge of the ship to move it in accordance with the Minister’s directions.
Non-compliance with paragraph (1)(b) (2) If a person does not comply with a direction given to
them under paragraph (1)(b) and the Minister is satisfied that the applicant for the direction has sufficient insurance in place to cover any incident that may arise from the moving of the ship, the Minister may authorize the applicant to move the ship in accordance with the Minister’s directions and at the expense of the authorized representative or, in the absence of an authorized representative, the owner.
Provisions Related to Entry Accompanying person 46.23 (1) If an authorized person enters a place under
subsection 46.12(1), they may be accompanied by any other person whom they believe is necessary to help
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them in the exercise of their powers or the performance of their duties or functions under this Act. Entry on private property (2) An authorized person and a person accompanying
them may enter private property – other than a dwelling house or living quarters – and pass through it, including with vehicles and equipment, in order to gain entry to the place referred to in subsection 46.12(1).
Duty to assist 46.24 The owner of a place that is entered by an authorized person under subsection 46.12(1), the person in charge of the place and every person in it shall give all assistance to the authorized person that is reasonably required to enable the authorized person to exercise their powers or perform their duties or functions under this Act and shall provide the authorized person with any document or information, or access to any data, that they may reasonably require.
Obstruction Obstruction 46.25 It is prohibited for a person to knowingly give
false or misleading information either orally or in writing to, or otherwise knowingly obstruct or hinder, an authorized person who is exercising powers or performing duties or functions under this Act.
Administrative Monetary Penalties Violation — person 46.26 (1) Every person that contravenes a provision or direction that is designated as a violation in the regulations commits a violation and is liable to a penalty.
Violation — ship (2) Every ship that contravenes any of the following commits a violation and is liable to a penalty: (a) a direction given under paragraph 46.12(3)(b) or
subsection 46.12(4); or (b) a provision the contravention of which is designated as a violation by the regulations. Continuing violation (3) A violation that is committed or continued on more than one day constitutes a separate violation for each day on which it is committed or continued.
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Penalty (4) The maximum amount payable as the penalty for a
violation set out in subsection (1) or (2) is $250,000 and the total maximum amount payable for a related series or class of violations is the amount set out in the regulations. Purpose of penalty (5) The purpose of the penalty is to promote compliance with this Act and not to punish.
Clarification (6) If a contravention of a provision may be proceeded with as a violation or as an offence, proceeding with it in one manner precludes proceeding with it in the other.
Nature of violation (7) For greater certainty, a violation is not an offence
and, accordingly, section 126 of the Criminal Code does not apply in respect of a violation. Due diligence defence — person (8) A person is not to be found to be liable for a violation under this Act if they establish that they exercised due diligence to prevent its commission.
Due diligence defence — ship (9) A ship is not to be found to be liable for a violation under this Act if the person that committed the act or omission that constitutes the violation establishes that they exercised due diligence to prevent its commission.
Assurance of compliance or notice of violation 46.27 (1) If the Minister has reasonable grounds to believe that a person or ship has committed a violation, the Minister may (a) enter into an assurance of compliance with the person or ship that (i) identifies the violation and provides that the person or ship will comply with the provision to which the violation relates within the period, and be subject to the conditions, specified in the assurance, (ii) sets out the amount and form of any security
that, pending compliance with the assurance, is to be deposited with the Minister, and
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(iii) sets out the amount of the penalty that the person or ship would have been liable to pay for the violation if the assurance had not been entered into; or (b) issue, and cause to be served on the person or
ship, a notice of violation that names the person or ship, identifies the violation and sets out (i) the amount of the penalty that the person or ship is liable to pay for the violation, (ii) the period, being 30 days after the day on which
the notice is served, within which the penalty is to be paid or a review is to be requested, and (iii) particulars of the manner in which, and the place at which, the penalty is to be paid or a review is to be requested.
Extension of period (2) The Minister may extend the period specified under subparagraph (1)(a)(i) if the Minister is satisfied that the person or ship is unable to comply with the assurance of compliance for reasons beyond the person’s or ship’s control.
Short-form description (3) The Minister may establish, in respect of each violation, a short-form description to be used in notices of violation.
Deemed violation 46.28 (1) A person or ship that enters into an assurance
of compliance under paragraph 46.27(1)(a) is, unless a review is requested under subsection (2), deemed to have committed the violation in respect of which the assurance was entered into. Request for review (2) A person or ship that enters into an assurance of
compliance may, within 48 hours after the assurance is signed, unless a notice of default is served within that period under subsection 46.3(1), file a request with the Tribunal for a review of the facts of the violation, in which case the assurance is deemed to be a notice of violation and a review under paragraph 46.33(1)(b) of the facts of the violation and of the amount of the penalty is deemed to have been requested. When assurance of compliance complied with 46.29 If the Minister is of the opinion that a person or ship that has entered into an assurance of compliance under paragraph 46.27(1)(a) has complied with it, he or
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she shall cause a notice to that effect to be served on the person or ship and, on the service of the notice, (a) no further proceedings may be taken against the
person or ship with respect to the violation in respect of which the assurance was entered into; and (b) any security deposited under subparagraph 46.27(1)(a)(ii) is to be returned to the person or ship.
When assurance of compliance not complied with 46.3 (1) If the Minister is of the opinion that a person or
ship that has entered into an assurance of compliance under paragraph 46.27(1)(a) has not complied with it, the Minister may cause a notice of default to be served on the person or ship to the effect that, unless a member determines under section 46.31, or an appeal panel decides under section 46.34, that the assurance has been complied with, (a) the person or ship is liable to pay double the amount of the penalty set out in the assurance; or (b) the security deposited under subparagraph 46.27(1)(a)(ii) is forfeited to Her Majesty in right of Canada.
Contents of notice (2) The notice of default is to include the place at which
and the date being 30 days after the day on which the notice is served, on or before which a request for a review may be filed, and the particulars concerning the procedure for requesting a review. No set-off or compensation (3) On the service of a notice of default, the person or
ship served has no right of set-off or compensation against any amount spent by the person or ship under the assurance of compliance. Request for review 46.31 (1) A person or ship served with a notice under
subsection 46.3(1) may, on or before the date specified in the notice or within any further time that the Tribunal on application allows, file with the Tribunal a written request for a review of the Minister’s decision made under that subsection.
Date, time and place for review (2) On receipt of the request, the Tribunal shall appoint a date, time and place for the review and shall notify the Minister and the person or ship that filed the request of the date, time and place in writing.
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Review procedure (3) The member of the Tribunal who is assigned to conduct the review shall provide the Minister and the person or ship with an opportunity that is consistent with procedural fairness and natural justice to present evidence and make representations. Burden of proof (4) The burden is on the Minister to establish that the
person or ship did not comply with the assurance of compliance referred to in the notice. The person is not required, and is not to be compelled, to give any evidence or testimony in the matter. Defence not available (5) Despite subsections 46.26(8) and (9), a person or ship
does not have a defence by reason that the person or ship exercised due diligence to comply with the assurance of compliance. Determination by member (6) At the conclusion of the review, the member who
conducts the review may confirm the Minister’s decision or determine that the person or ship has complied with the assurance of compliance and shall without delay inform the parties of his or her decision. Return of security 46.32 Any security deposited under subparagraph 46.27(1)(a)(ii) is to be returned to the person or ship if (a) a notice is served under subsection 46.3(1) and the
person or ship pays double the amount of the penalty set out in the assurance of compliance; or (b) a member determines under subsection 46.31(6), or an appeal panel decides under subsection 46.34(3), that the assurance has been complied with.
Notice of violation — option 46.33 (1) A person or ship served with a notice of violation under paragraph 46.27(1)(b) may (a) pay the amount of the penalty; or (b) within 30 days after the day on which the notice is served or any further time that the Tribunal on application allows, file with the Tribunal a written request for a review of the facts of the violation or the amount of the penalty.
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When review not requested (2) If a review is not requested within the period referred
to in paragraph (1)(b) or the amount of the penalty is paid, the person or ship is considered to have committed the violation in respect of which the notice is served and proceedings in respect of the violation are ended.
Date, time and place for review (3) On receipt of a request filed under paragraph (1)(b),
the Tribunal shall appoint a date, time and place for the review and shall notify the Minister and the person or ship that filed the request of the date, time and place in writing. Review procedure (4) The member of the Tribunal assigned to conduct the
review shall provide the Minister and the person or ship with an opportunity that is consistent with procedural fairness and natural justice to present evidence and make representations. Burden of proof (5) The burden is on the Minister to establish that the
person or ship committed the violation referred to in the notice. The person is not required, and is not to be compelled, to give any evidence or testimony in the matter. Determination by member (6) At the conclusion of the review, the member who
conducts the review shall, without delay and in writing, inform the Minister and the person or ship (a) that the person or ship has not committed a violation, in which case, subject to section 46.34, no further proceedings under this Act are to be taken against the person or ship in respect of the alleged violation; and (b) that the person or ship has committed a violation, in which case, subject to subsections 46.26(4) and (5) and the regulations, the member shall inform the Minister and the person or ship of the amount determined by the member to be payable to the Tribunal by or on behalf of the person or ship and the period within which it is to be paid.
Right of appeal 46.34 (1) The Minister or the person or ship that requested the review may, within 30 days after the day on which a determination is made under subsection 46.31(6) or 46.33(6), appeal the determination to the Tribunal.
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Loss of right of appeal (2) A party that does not appear at the review hearing is
not entitled to appeal a determination, unless they establish that there was sufficient reason to justify their absence. Disposition of appeal (3) At the conclusion of the review, the appeal panel of the Tribunal that is assigned to hear the appeal may (a) in the case of a determination made under subsection 46.31(6), dismiss the appeal, or allow the appeal and substitute its own decision; or (b) in the case of a determination made under subsection 46.33(6), dismiss the appeal, or allow the appeal and, subject to subsections 46.26(4) and (5) and the regulations, substitute its own decision.
Notice of decision (4) The appeal panel shall inform the parties of its decision without delay and shall specify the period within which any amount determined by the appeal panel to be payable to the Tribunal is to be paid.
Recovery of Debts Debts due to Her Majesty 46.35 (1) The following amounts constitute debts due
to Her Majesty in right of Canada that may be recovered in the Federal Court or any other court of competent jurisdiction: (a) the amount of a penalty set out in a notice of violation referred to in paragraph 46.27(1)(b), from the expiry of the period specified in the notice for the payment of that amount, unless a review is requested under subsection 46.33(1); (b) the amount of a penalty set out in a notice of default referred to in subsection 46.3(1), from the date the notice is served, unless a review is requested under subsection 46.31(1); (c) the amount of a penalty determined by a member
under section 46.33, or decided by an appeal panel under section 46.34, from the expiry of the period specified in the decision for the payment of that amount; and (d) the amount of any costs and expenses referred to in subsection (3).
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Limitation or prescription period (2) Proceedings to recover a debt referred to in subsection (1) may be commenced no later than five years after the day on which the debt becomes payable.
Liability (3) A person or ship that is liable to pay an amount referred to in paragraph (1)(a), (b) or (c) is also liable for the amount of any costs and expenses incurred in attempting to recover that amount.
Certificate of default 46.36 (1) All or part of a debt referred to in subsection
46.35(1) in respect of which there is a default of payment may be certified by the Minister or the Tribunal, as the case may be. Effect of registration (2) On production to the Federal Court, a certificate
made under subsection (1) is to be registered in that Court and, when registered, has the same force and effect, and proceedings may be taken in connection with it, as if it were a judgment obtained in that Court for a debt of the amount specified in it and all costs and expenses attendant on its registration.
General Manner of service 46.37 (1) A notice referred to in any of sections 46.27, 46.29, 46.3 and 46.45 is to be served (a) in the case of an individual, (i) by leaving a copy of it with the individual at any
place or with someone who appears to be an adult member of the same household at the individual’s last known address or usual place of residence or, in the case of an individual under the age of 18, with a parent or other person having custody of them or exercising parental authority over them, or (ii) by sending a copy of it by registered mail, courier or fax or other electronic means to the individual’s last known address or usual place of residence; (b) in the case of a person other than an individual, (i) by leaving a copy of it with their representative or with an officer or other individual who appears to control or manage the person’s or representative’s head office or place of business, or
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(ii) by sending a copy of it by registered mail, courier or fax or other electronic means to their representative, to an individual referred to in subparagraph (i) or to the person’s or representative’s head office or place of business; and (c) in the case of a ship, (i) by delivering a copy of it personally to the master or another individual who is, or appears to be, in charge of the ship, (ii) by posting a copy of it on any conspicuous part of the ship, (iii) by leaving a copy of it with the owner or operator of the ship, with the owner’s or operator’s representative or with an officer or other individual who appears to control or manage the owner’s, operator’s or representative’s head office or place of business, or (iv) by sending a copy of it by registered mail,
courier or fax or other electronic means to the ship or to a person referred to in subparagraph (i) or (iii) or to their head office or place of business.
Proof of service (2) Service may be proved by (a) an acknowledgement of service signed by the person served or on behalf of the person or ship served, specifying the date and location of service; (b) a certificate of service, signed by the person who effected the service, indicating the name of the person or ship served and the means by which and day on which service was effected; or (c) a record of electronic transmission setting out the
date and time of transmission.
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Date service effective (3) In the absence of an acknowledgement of service or a
certificate of service, service is considered effective, (a) in the case of service by registered mail or courier, on the 10th day after the day on which the notice is sent, as indicated on the receipt issued by the postal or courier service; and (b) in the case of service by fax or other electronic
means, on the day on which it is sent, as indicated on the record of transmission.
Proof of violation by ship 46.38 It is sufficient proof that a ship has committed a
violation to establish that the act or omission that constitutes the violation was committed by a person in charge of the ship, whether or not the person has been identified. Party to violation committed by ship 46.39 (1) If a ship commits a violation under this Act and a person in charge of the ship directed, authorized, assented to, acquiesced in or participated in the commission of the violation, that person is a party to and liable for the violation, whether or not the ship has been proceeded against under sections 46.27 to 46.36.
Party to violation committed by corporation (2) If a corporation commits a violation under this Act, any director, officer or agent or mandatary of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the violation is a party to and liable for the violation, whether or not the corporation has been identified or proceeded against under sections 46.27 to 46.36.
Violation by employee or agent or mandatary 46.4 A person is liable for a violation that is committed
by the person’s employee or agent or mandatary, whether or not the employee or agent or mandatary who actually committed the violation is identified or proceeded against under this Act. Direction to ship 46.41 For the purposes of a proceeding against a ship for a violation in respect of a contravention of a direction given under this Act, a direction is deemed to have been given to the ship if
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(a) it is given to the authorized representative or a
person in charge of the ship; or (b) in the case of a direction that cannot be given to
any person referred to in paragraph (a) despite reasonable efforts having been made to do so, a copy of it is posted on any conspicuous part of the ship. Limitation or prescription period 46.42 A notice of violation may be issued no later than two years after the day on which an authorized person becomes aware of the violation.
Certificate 46.43 A document that purports to have been issued by
an authorized person and that certifies the day on which they became aware of a violation is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and, in the absence of any evidence to the contrary, is evidence that the authorized person became aware of the violation on that day.
Public Record Disclosure of notices of violation and default 46.44 The Minister shall keep a public record of notices of violation and notices of default, including, with respect to each violation or default, the nature of the violation or default, the name of the person or ship that committed it and the amount of the penalty.
Notations removed 46.45 (1) Unless the Minister is of the opinion that it is not in the public interest to do so, on the fifth anniversary of the day on which a person or ship has paid every penalty that the person or ship is liable to pay under this Act, the Minister shall remove a notice of violation or notice of default from the public record of notices of violation or default along with all the other information kept in the public record with respect to the violation or default.
Duty to notify (2) If the Minister is of the opinion that removal of a notation is not in the public interest, he or she shall give notice of that fact to the person or ship in writing, and provide the grounds for that opinion. Contents of notice (3) The notice is to include the place at which and the
date, being 30 days after the day on which the notice is
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served, on or before which a request for a review may be filed and the particulars concerning the procedure for requesting a review. Request for review (4) The person or ship may, on or before the date specified in the notice or within any further time that the Tribunal on application allows, file with the Tribunal a written request for a review of the Minister’s decision made under subsection (2).
Date, time and place for review (5) On receipt of the request, the Tribunal shall appoint a date, time and place for the review and shall notify the Minister and the person or ship that filed the request of the date, time and place in writing.
Review procedure (6) The member of the Tribunal assigned to conduct the
review shall provide the Minister and the person or ship with an opportunity that is consistent with procedural fairness and natural justice to present evidence and make representations. Determination (7) The member may confirm the Minister’s decision or
refer the matter back to the Minister for reconsideration. Right of appeal (8) The person or ship that requested the review may, within 30 days after the day on which a determination is made under subsection (7), appeal the determination to the Tribunal.
Loss of right of appeal (9) A person or ship that does not appear at the review hearing is not entitled to appeal a determination, unless they establish that there was sufficient reason to justify their absence.
Disposition of appeal (10) The appeal panel of the Tribunal that is assigned to hear the appeal may dismiss the appeal or refer the matter back to the Minister for reconsideration.
Regulations Regulations 46.46 The Governor in Council may make regulations (a) designating as a violation the contravention of
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(i) any specified provision of this Act or of the regulations, or (ii) any direction given under any specified provision of this Act; (b) establishing a penalty, or a range of penalties, in
respect of a violation, up to the maximum amount set out in subsection 46.26(4); (c) if a range of penalties is established by regulations
made under paragraph (b), respecting the method of determining the amount payable as the penalty for the violation, including the criteria to be taken into account; (d) setting out the total maximum amount payable for
a related series or class of violations; (e) respecting the circumstances under which, the criteria by which and the manner in which the amount of a penalty may be reduced in whole or in part; and (f) respecting persons that may request a review on
behalf of a ship in relation to an alleged violation by the ship.
1998, c. 10, ss. 154 to 156; 2001, c. 26, pars. 318(d) and (e); 2008, c. 21, s. 62(F)
253 Sections 47 to 51 of the Act are replaced by the following:
Proceeding without a pilot — persons 47 (1) The owner, master or person in charge of a ship
commits an offence if the ship is subject to compulsory pilotage and proceeds through a compulsory pilotage area without being under the conduct of a licensed pilot for that compulsory pilotage area or a regular member of the ship’s complement who is a pilotage certificate holder for that compulsory pilotage area.
Proceeding without a pilot — ship (2) A ship commits an offence if it is subject to compulsory pilotage and proceeds through a compulsory pilotage area without being under the conduct of a licensed pilot for that compulsory pilotage area or a regular member of the ship’s complement who is a pilotage certificate holder for that compulsory pilotage area.
Non-application (3) Subsections (1) and (2) do not apply if (a) the master of the ship takes the conduct of it in accordance with subsection 38.02(1);
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(b) the relevant Authority waives compulsory pilotage; or (c) the ship is in Canadian waters that are contiguous with waters of the United States, the ship is under the conduct of an individual who is authorized to have the conduct of a ship by an appropriate authority of the United States and the conditions set out in the regulations are met.
Punishment — individuals (4) Every individual who commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $1,000,000 or to imprisonment for a term of not more than 18 months, or to both.
Punishment — other persons (5) Every person, other than an individual, that commits
an offence under subsection (1) is liable on summary conviction to a fine of not more than $1,000,000.
Punishment — ships (6) Every ship that commits an offence under subsection (2) is liable on summary conviction to a fine of not more than $1,000,000.
Offence — persons 48 (1) Every person commits an offence that contravenes (a) a provision of this Act, other than section 15.3 or subsection 47(1); (b) a provision of the regulations; (c) a direction under subsection 46.12(2) or (3); (d) a direction under subsection 46.22(1); or (e) a direction under section 52.3.
Punishment — individuals (2) Every individual who commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $500,000 or to imprisonment for a term of not more than 12 months, or to both.
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Punishment — other persons (3) Every person, other than an individual, that commits
an offence under subsection (1) is liable on summary conviction to a fine of not more than $500,000.
Contravention of section 15.3 48.1 A person that contravenes section 15.3 commits an
offence and is liable on summary conviction to a fine of not more than $10,000 for each day on which the offence is committed or continued but is not liable to imprisonment.
Offence — ships 48.11 (1) Every ship commits an offence that contravenes (a) subsection 52.1(2) or 52.2(5); (b) a provision of the regulations; or (c) a direction given under paragraph 46.12(3)(b) or
subsection 46.12(4). Punishment (2) Every ship that commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $500,000.
Continuing offences 48.2 An offence under section 48 or 48.11 that is committed or continued on more than one day constitutes a separate offence for each day on which it is committed or continued.
Court order 48.3 If a person is convicted of an offence under this Act, in addition to any other punishment that may be imposed under this Act, the court may, having regard to the nature of the offence and the circumstances surrounding its commission, make an order having any or all of the following effects: (a) prohibiting the person from performing any act or
engaging in any activity that may, in the opinion of the court, result in the continuation or repetition of the offence; (b) directing the person to take any action the court
considers appropriate to remedy or avoid any harm that results or may result from the commission of the offence;
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(c) prohibiting the person from exercising the rights or privileges of a licence, pilotage certificate, waiver or exemption order under this Act for the period or at the times and places that may be specified in the order; and (d) prohibiting the person from operating a ship or
providing services essential to the operation of a ship for the period or at the times and places that may be specified in the order. Service on ship 48.4 (1) If a ship is charged with an offence under this
Act, the summons is to be served (a) by delivering it to the authorized representative of
the ship or, in the absence of an authorized representative, a person in charge of the ship; or (b) if service cannot reasonably be effected in the manner provided in paragraph (a), by posting the summons on any conspicuous part of the ship.
Appearance at trial (2) If a ship is charged with an offence under this Act,
the ship may appear by counsel or representative before the court. Despite the Criminal Code, if the ship does not so appear, a court may, on proof of service of the summons, proceed to hold the trial. Proof of offence by ship 48.5 In a prosecution of a ship for an offence under this Act, it is sufficient proof that the ship has committed the offence to establish that the act or omission that constitutes the offence was committed by a person in charge of the ship, whether or not the person has been identified.
Party to offence committed by ship 48.6 (1) If a ship commits an offence under this Act and a person in charge of the ship directed, authorized, assented to, acquiesced in or participated in the commission of the offence, that person is a party to and guilty of the offence and liable on conviction to the punishment provided for the offence, whether or not the ship has been prosecuted or convicted.
Party to offence committed by corporation (2) If a corporation commits an offence under this Act,
any director, officer or agent or mandatary of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and liable on conviction to the punishment provided for the offence, whether or not the corporation has been prosecuted or convicted.
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Offence by employee or agent or mandatary 48.7 A person is liable for an offence that is committed by the person’s employee or their agent or mandatary, whether or not the employee or agent or mandatary who actually committed the offence is identified or prosecuted for the offence under this Act.
Direction to ship 48.8 For the purposes of prosecuting a ship for contravening a direction given under this Act, a direction is deemed to have been given to the ship if (a) it is given to the authorized representative or a person in charge of the ship; or (b) in the case of a direction that cannot be given to
any person referred to in paragraph (a) despite reasonable efforts having been made to do so, a copy of it is posted on any conspicuous part of the ship. Due diligence defence — persons 49 (1) A person is not to be found guilty of an offence
under this Act, other than in relation to a contravention of section 46.16, 46.21 or 46.25, if they establish that they exercised due diligence to prevent its commission.
Due diligence defence — ships (2) A ship is not to be found guilty of an offence under
this Act if the person that committed the act or omission that constitutes the offence establishes that they exercised due diligence to prevent its commission.
Limitation or prescription period 50 (1) Proceedings by way of summary conviction under
this Act may be instituted no later than two years after the day on which the Minister becomes aware of the subject matter of the proceedings. Certificate of Minister (2) A document that purports to have been issued by the
Minister and that certifies the day on which that Minister became aware of the subject matter of the proceedings is admissible in evidence without proof of the signature or official character of the individual appearing to have signed the document and is evidence that the Minister became aware of the subject matter on that day.
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Defendant outside Canada (3) If the proceedings cannot be commenced because the
proposed defendant is outside Canada, the proceedings may be commenced no later than 60 days after the defendant arrives in Canada. Jurisdiction in relation to offences 51 If a person or ship is charged with an offence under
this Act, any court in Canada that would have had cognizance of the offence if it had been committed by a person or ship within the limits of its ordinary jurisdiction has jurisdiction to try the offence as if it had been committed there. Reporting of alleged contravention 51.1 (1) An individual who has reasonable grounds to
believe that a person or ship has contravened or intends to contravene a provision of this Act or the regulations or a direction under this Act may notify the Minister of the particulars of the matter and may request that their identity be kept confidential with respect to the notification. Confidentiality (2) The identity of an individual to whom the Minister
has provided an assurance of confidentiality may be disclosed by the Minister only in accordance with the Privacy Act. 254 The heading before section 52 of the Act is replaced by the following:
Regulations, Exemption Orders, Interim Orders and Directions R.S., c. 31 (1st Supp.), s. 86
255 Section 52 of the Act is replaced by the following:
Regulations 52 (1) The Governor in Council may make regulations respecting the provision of pilotage services, including regulations (a) establishing compulsory pilotage areas; (b) respecting which ships or classes of ships are subject to compulsory pilotage; (c) respecting waivers of compulsory pilotage; (d) respecting master-pilot exchanges;
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(e) respecting the classes of licences and classes of pilotage certificates that are to be issued as well as the form and manner of their issuance; (f) respecting the qualifications that are required of an applicant for a licence or pilotage certificate, or any class of licence or pilotage certificate, for a compulsory pilotage area, including the applicant’s physical and mental fitness, degree of general and local knowledge, skill, training, experience and proficiency in one or both of the official languages of Canada; (g) respecting skill and knowledge examinations,
medical examinations, apprenticeship, the provision of documents and recommendations and other means of determining whether an individual meets the qualifications required under paragraph (f); (h) respecting the conditions of a licence or pilotage
certificate or the conditions of any class of licence or pilotage certificate; (i) limiting the number of licences or classes of licences that may be issued for a compulsory pilotage area; (j) respecting the information to be provided and the
procedures and practices to be followed by a ship that is about to enter, leave or proceed within a compulsory pilotage area; (k) respecting the minimum number of licensed pilots or pilotage certificate holders that are required to be on board a ship at any time and which class of licence or pilotage certificate that they are required to hold; (l) respecting additional training and periodic medical
examinations for licensed pilots and pilotage certificate holders; (m) respecting risk assessments; (n) respecting the development and implementation of management systems by the Authorities; and (o) respecting fees and charges to be paid in relation
to the administration of this Act, including the development of regulations, and the enforcement of this Act.
United States pilots and waters (2) With respect to Canadian waters that are contiguous
with waters of the United States, the regulations may set out the conditions under which
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(a) an individual who is authorized to have the conduct of a ship by an appropriate authority of the United States may pilot in Canadian waters; and (b) a licensed pilot or pilotage certificate holder may
have the conduct of a ship in waters of the United States.
Paragraph (1)(l) (3) Regulations referred to in paragraph (1)(l) may distinguish between licensed pilots and between pilotage certificate holders on the basis of the class of licence or pilotage certificate they hold. 256 The Act is amended by adding the following after section 52:
Exemption orders 52.1 (1) The Minister may, by order, exempt for a period of not more than three years any person or ship from the application of any provision of this Act or the regulations, subject to any conditions that the Minister considers appropriate, if the exemption would allow the undertaking of research and development, including in respect of any type of ships, technologies, systems, components or procedures and practices that may, in the Minister’s opinion, enhance marine safety or environmental protection. Compliance with conditions (2) Every person or ship subject to a condition of the exemption order shall comply with that condition. Publication (3) The Minister shall, as soon as feasible after making
an exemption order, publish a notice of it on a Government of Canada website or by any other means that the Minister considers appropriate. Interim orders 52.2 (1) The Minister may make an interim order that
contains any provision that may be contained in a regulation made under this Act if the Minister believes that immediate action is required to deal with an urgent issue related to the provision of pilotage services that poses a significant risk to safety, human health or the environment. Cessation of effect (2) The interim order has effect from the time that it is
made but ceases to have effect on the earliest of (a) the day on which it is repealed,
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(b) the day on which a regulation made under this Act that has the same effect as the interim order comes into force, (c) one year after the day on which it is made or any
shorter period that may be specified in it, unless it is extended by the Governor in Council, and (d) the day that is specified in the order of the Governor in Council, if the Governor in Council extends the interim order.
Extension — Governor in Council (3) The Governor in Council may extend the interim order for a period of no more than two years after the end of the applicable period referred to in paragraph (2)(c).
Restriction (4) If an interim order is extended by the Governor in Council, the Minister is not authorized to remake the interim order after it ceases to have effect.
Compliance with interim order (5) Every person or ship subject to an interim order shall
comply with it. Contravention of unpublished order (6) No person or ship may be convicted of an offence or found liable for a violation consisting of a contravention of an interim order that, at the time of the alleged contravention, had not been published in the Canada Gazette unless it is proved that, at the time of the alleged contravention, the person or ship had been notified of the interim order or reasonable steps had been taken to bring the purport of the interim order to the notice of those persons or ships likely to be affected by it.
Publication (7) An interim order is to be published in the Canada Gazette within 23 days after it is made.
Tabling of order (8) The Minister shall ensure that a copy of each interim
order is tabled in each House of Parliament within 15 days after it is made. It is to be sent to the Clerk of the House if the House is not sitting.
Direction to licensed pilot or pilot corporation 52.3 (1) The Minister may, in writing, direct a licensed
pilot or pilot corporation
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(a) to cease an activity that poses a risk to the safety of
navigation, including the safety of the public and marine personnel, or to human health, property or the environment; or (b) to conduct an activity that protects the safety of navigation, including the safety of the public and marine personnel, or that protects human health, property or the environment.
Exceptional circumstances (2) The Minister is not authorized to make the direction
unless the Minister is satisfied that the direction is necessary to deal with exceptional circumstances that involve a risk to the safety of navigation, including the safety of the public and marine personnel, or to human health, property or the environment. Validity period (3) The direction is valid for the period specified in it as
long as that period ends no more than 30 days after the day on which it is made. Incorporation by reference 52.4 The limitation set out in paragraph 18.1(2)(a) of the Statutory Instruments Act, to the effect that a document is to be incorporated as it exists on a particular date, does not apply to any power to make regulations under this Act.
Statutory Instruments Act 52.5 The following are not statutory instruments for the purposes of the Statutory Instruments Act: (a) a direction given under subsection 46.12(2), (3) or
(4); (b) a detention order made under section 46.2; (c) a direction given under subsection 46.22(1); (d) an exemption order made under section 52.1; (e) an interim order made under section 52.2; and (f) a direction given under section 52.3. 257 Paragraph 52.5(a) of the Act is replaced by the following: (a) a resolution made under section 33; (a.1) a direction given under subsection 46.12(2), (3)
or (4);
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1998, c. 10, s. 157; 2001, c. 26, s. 317; 2009, c. 23, s. 335
258 The heading before section 53 and sections 53 to 60 of the Act are replaced by the following:
Review of Act Ten-year review 53 (1) The Minister shall, 10 years after the day on
which this subsection comes into force and every 10 years after that, undertake a review of the operation of this Act. Appointment of reviewers or assistants (2) The Minister may appoint one or more persons to
undertake or assist in the review.
Transitional Provisions Non-application — subsection 3(3.2) 259 Subsection 3(3.2) of the Pilotage Act, as enacted by section 227 of this Act, does not apply to the Chairperson or to any member of a Pilotage Authority on the day on which section 227 of this Act comes into force during the remainder of their term of appointment.
Tariff regulations 260 Regulations made by a Pilotage Authority with the approval of the Governor in Council under section 33 of the Pilotage Act, as that section read immediately before the day on which section 238 of this Act comes into force, remain in effect until the day on which pilotage charges established by the Pilotage Authority in accordance with sections 33 to 35 of the Pilotage Act, as enacted by section 238 of this Act, take effect.
Licences and pilotage certificates 261 (1) Every licence or pilotage certificate issued by a Pilotage Authority under section 22 of the Pilotage Act, as it read immediately before the day on which section 242 of this Act comes into force, that was valid immediately before that day is deemed to have been issued, as applicable, by the Minister of Transport under subsection 38.1(1) or (2) of the Pilotage Act, as enacted by section 242 of this Act.
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Validity period (2) Despite subsection 38.4(1) of the Pilotage Act,
as enacted by section 242 of this Act, the validity period of a licence or pilotage certificate referred to in subsection (1) ends one year after the day on which section 242 of this Act comes into force.
Pending applications 262 An application for a licence or pilotage certificate that is pending on the day on which section 242 of this Act comes into force is deemed to be an application under subsection 38.1(1) or (2) of the Pilotage Act, as enacted by section 242 of this Act, but the qualifications to be met by the applicant are the qualifications that were prescribed by the relevant regulations as they read immediately before the day on which section 242 of this Act comes into force. Pending hearings 263 Hearings pending before a Pilotage Authority immediately before the day on which section 242 of this Act comes into force are to be continued before the Authority in accordance with the Pilotage Act, as it read immediately before that day. Fines 264 For greater certainty, starting on the day on
which section 252 of this Act comes into force, fines collected under the Pilotage Act are no longer to be paid to the relevant Pilotage Authority. Repeal of regulations — section 20 Pilotage Act 265 (1) Beginning on the day on which section
235 of this Act comes into force, the Governor in Council may repeal regulations made under section 20 of the Pilotage Act, as that section read immediately before that day. Repeal of regulations — section 33 Pilotage Act (2) Beginning on the day on which section 238 of this Act comes into force, the Governor in Council may repeal regulations made under section 33 of the Pilotage Act, as that section read immediately before that day.
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Consequential Amendments R.S., c. A-12
Arctic Waters Pollution Prevention Act 266 The definition pilot in section 2 of the Arctic Waters Pollution Prevention Act is replaced by the following:
pilot means a licensed pilot as defined in section 1.1 of the Pilotage Act; (pilote) 2001, c. 29
Transportation Appeal Tribunal of Canada Act 2001, c. 29, s. 71
267 Subsection 2(2) of the Transportation Appeal Tribunal of Canada Act is replaced by the following: Jurisdiction generally (2) The Tribunal has jurisdiction in respect of reviews and appeals as expressly provided for under the Aeronautics Act, the Pilotage Act, the Railway Safety Act, the Marine Transportation Security Act, the Canada Shipping Act, 2001 and any other federal Act regarding transportation.
Coordinating Amendment 2019, c. 1
268 On the first day on which both section 152 of the Wrecked, Abandoned or Hazardous Vessels Act and section 267 of this Act are in force, subsection 2(2) of the Transportation Appeal Tribunal of Canada Act is replaced by the following:
Jurisdiction generally (2) The Tribunal has jurisdiction in respect of reviews
and appeals as expressly provided for under the Aeronautics Act, the Pilotage Act, the Railway Safety Act, the Marine Transportation Security Act, the Canada Shipping Act, 2001, the Wrecked, Abandoned or Hazardous Vessels Act and any other federal Act regarding transportation.
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Coming into Force Order in council 269 (1) Subject to subsections (2) to (5), the provisions of this Division, other than sections 259 to 265 and 268, come into force on a day or days to be fixed by order of the Governor in Council. Order in council (2) Subsections 225(1) and (4) come into force on a day to be fixed by order of the Governor in Council, but that day must not be before the day on which subsection 225(3) comes into force.
Order in council (3) Subsection 225(5) comes into force on a day to
be fixed by order of the Governor in Council, but that day must not be before the day on which subsection 225(3) comes into force. Order in council (4) Section 242 comes into force on a day to be fixed by order of the Governor in Council, but that day must not be before the day on which section 241 comes into force.
Order in council (5) Section 251 comes into force on a day to be
fixed by order of the Governor in Council, but that day must not be before the day on which section 252 comes into force.
DIVISION 12
Security Screening Services Commercialization Security Screening Services Commercialization Act Enactment of Act 270 The Security Screening Services Commercialization Act is enacted as follows:
An Act respecting the commercialization of security screening services
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Short Title Short title 1 This Act may be cited as the Security Screening Services Commercialization Act.
Interpretation and Application Definitions 2 (1) The following definitions apply in this Act.
Agency means the Canadian Transportation Agency. (Office) designated screening authority means the body corporate designated under section 7. (administration de contrôle désignée) Minister means the Minister of Transport. (ministre) screening contractor means a person or entity authorized under section 21 by the designated screening authority to conduct screening. (fournisseur de services de contrôle) screening officer means an individual who is employed by the designated screening authority or a screening contractor to conduct screening. (agent de contrôle) state aircraft means an aircraft, other than an aircraft operated for commercial purposes, that is owned and operated by the government of a country or the government of a colony, dependency, province, state, territory or municipality of a country. (aéronef d’État) transfer date means the day specified as the transfer date in an agreement between the Canadian Air Transport Security Authority and the designated screening authority. (date de cession)
Words and expressions — Aeronautics Act (2) Unless the context requires otherwise, words and expressions used in this Act have the same meaning as in the Aeronautics Act and aviation security regulations.
Publishing 3 Any obligation under this Act for the designated
screening authority to publish information or a document is satisfied if
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(a) the information or document is published on its
website; and (b) the information or document is made available on
request at its head office. Aeronautics Act 4 Nothing in this Act affects the application of the Aeronautics Act.
Exception 5 This Act does not apply in respect of any aerodrome or aircraft operated by or under the authority of the Minister of National Defence.
Her Majesty Binding on Her Majesty 6 This Act is binding on Her Majesty in right of Canada
or a province.
Designated Screening Authority Designation 7 The Governor in Council may, by order, designate a
body corporate incorporated under the Canada Not-forprofit Corporations Act as the designated screening authority for the purposes of this Act.
Not an Agent of Her Majesty 8 The designated screening authority is not an agent of
Her Majesty in right of Canada. Head office 9 The designated screening authority must have its head
office in Canada. Official Languages Act 10 The Official Languages Act applies to the designated screening authority as if it were a federal institution.
Canada’s international obligations 11 The designated screening authority must take any
measure that the Minister considers necessary to permit Canada to meet its international obligations under bilateral and multilateral agreements in respect of aeronautics.
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Amendment of articles of incorporation 12 (1) The designated screening authority must not amend its articles of incorporation without the prior written approval of the Minister.
Amendment or repeal of by-laws (2) The designated screening authority must not amend
or repeal a by-law or any part of a by-law that requires the Minister’s approval to amend or repeal without the prior written approval of the Minister.
Inconsistency (3) The designated screening authority must not make a by-law if that by-law would be inconsistent with a by-law or any part of a by-law that requires the Minister’s approval to amend or repeal. The designated screening authority must not amend or repeal a by-law that does not require the Minister’s approval to amend or repeal if the amendment or repeal would be inconsistent with a bylaw or any part of a by-law that requires the Minister’s approval to amend or repeal.
Financial statements 13 The designated screening authority must, after the end of each financial year but before its next annual meeting of members, publish its audited financial statements for that financial year and provide the Minister with a copy.
Information respecting charges 14 The designated screening authority must, after the end of each financial year but before its next annual meeting of members, publish the following information in relation to charges referred to in subsection 24(1): (a) the amount of each charge; (b) the circumstances in which each charge applies; (c) the formula or other method used to determine
the amount of each charge; (d) any policy respecting the refund of charges imposed under paragraph 24(1)(a).
Service standards 15 At least once every year beginning on the first anniversary of the transfer date, the designated screening authority must, in respect of each aerodrome that is designated by the regulations and at which more than
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500,000 passengers emplaned in the previous year, publish service standards with respect to the screening of passengers, a report on average monthly passenger wait times and a report on the results of passenger satisfaction surveys.
Powers of Minister Directions 16 (1) The Minister may issue a written direction to the
designated screening authority on any matter respecting aviation security. Duty to consult (2) Before issuing a direction, the Minister must consult the designated screening authority with respect to the content of the direction and the time at which it will be issued.
Direction binding (3) The designated screening authority and its directors,
officers and employees must comply with a direction as soon as feasible. Compliance with a direction is deemed to be in the designated screening authority’s best interests. Notice of implementation (4) The designated screening authority must notify the
Minister as soon as feasible after a direction has been implemented. Non-application of Statutory Instruments Act (5) The Statutory Instruments Act does not apply to a direction.
Confidential information 17 The designated screening authority and screening contractors must keep confidential any information the publication of which, in the opinion of the Minister, would be detrimental to aviation security or public security, including financial and other data that might reveal that information.
Security Screening Services Obligation 18 (1) The designated screening authority must take actions, either directly or through a screening contractor, for the effective and efficient screening of persons who access aircraft or restricted areas through screening checkpoints, the property in their possession or control
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and the belongings or baggage that they give to an air carrier for transport.
Restricted areas (2) For the purposes of subsection (1), a restricted area is
an area designated as a restricted area under the Aeronautics Act (a) at an aerodrome designated by the regulations; or (b) at any other place, including any other aerodrome, designated by the Minister under subsection (3).
Designation (3) The Minister may, by order, designate a place for the purposes of paragraph (2)(b).
Non-application of Statutory Instruments Act (4) The Statutory Instruments Act does not apply to an order made under subsection (3).
Public interest (5) The designated screening authority must carry out its
obligation under this section in the public interest, having due regard to the interest of the travelling public.
Safety of public (6) The screening referred to in subsection (1) is deemed
for all purposes to be a service that is necessary to prevent an immediate and serious danger to the safety of the public. Provision of space 19 Every operator of an aerodrome designated by the
regulations and every person responsible for a place designated under subsection 18(3) must provide space at the aerodrome or place to the designated screening authority and maintain that space free of charge. The operator or person must also provide services in relation to that space that are reasonably required by the designated screening authority at a reasonable cost agreed to by the operator or person and the designated screening authority. Agreement 20 The designated screening authority and the person
responsible for a place designated under subsection 18(3) must enter into an agreement respecting the provision of security screening services under section 18.
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Screening contractor 21 (1) The designated screening authority may authorize a person or entity to conduct the screening referred to in section 18 on its behalf, subject to any terms and conditions that the designated screening authority may establish. Factors (2) The designated screening authority may authorize a person or entity to conduct screening only if it is satisfied that the person or entity can meet the terms and conditions established by the designated screening authority and conduct the screening efficiently and effectively, having regard to the following factors: (a) the cost and service advantages; (b) the person or entity’s capability to conduct the
screening; (c) the manner in which the screening would be integrated with other security functions.
Restriction (3) A screening contractor must not authorize a person
or entity, other than a screening officer, to conduct the screening referred to in section 18 on its behalf.
Criteria 22 (1) The designated screening authority must establish criteria respecting the qualifications, training and performance of screening contractors and screening officers and that criteria must be as stringent as or more stringent than the standards established in aviation security regulations and security measures made under the Aeronautics Act. Certification (2) The designated screening authority must certify all
screening contractors and screening officers against the criteria established under subsection (1).
Varying, suspending or cancelling certification (3) If the designated screening authority determines that
a screening contractor or screening officer no longer meets the criteria in respect of which they were certified, the designated screening authority may vary, suspend or cancel their certification.
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Prohibition 23 It is prohibited for any person, other than the designated screening authority or a person or entity authorized by the designated screening authority, to provide security screening services referred to in section 18.
Charges Imposition and Establishment Imposition of charges 24 (1) The designated screening authority may impose charges for security screening services that it makes available or provides under section 18 at aerodromes designated by the regulations that are to be paid by or in respect of (a) passengers who are required to undergo screening
under the Aeronautics Act; and (b) persons, other than passengers, who are required
to undergo screening under that Act. Exception — paragraph (1)(a) (2) A charge must not be imposed under paragraph
(1)(a) in respect of the following passengers: (a) a person who is entitled under the Foreign Missions and International Organizations Act to the tax exemptions specified in Article 34 of the Convention set out in Schedule I to that Act or in Article 49 of the Convention set out in Schedule II to that Act; (b) a child under the age of two years, unless that
child has been issued a ticket that entitles them to occupy a seat; (c) a passenger who is transported on a state aircraft of a foreign country, unless the foreign country is designated under subsection (5); (d) any other person prescribed by regulation.
Exception — paragraph (1)(b) (3) A charge must not be imposed under paragraph
(1)(b) in respect of a person prescribed by regulation.
Charges collected by air carrier (4) A charge imposed under paragraph (1)(a) may be collected only in accordance with section 37, unless the charge is to be paid by or in respect of a passenger who is
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transported on a state aircraft of a foreign country that is designated under subsection (5). Designation (5) The Governor in Council may, by order, designate
any foreign country for the purposes of paragraph (2)(c) and subsection (4). Establish, revise or terminate charges 25 The designated screening authority may establish, revise or terminate charges.
Charging principles 26 (1) The designated screening authority must observe the following principles when it establishes, revises or terminates charges: (a) that charges must not be set at levels that, based on reasonable and prudent projections, would generate revenues exceeding the designated screening authority’s current and future financial requirements related to security screening services made available or provided under section 18 at aerodromes designated by the regulations; (b) that charges must be established, revised or terminated in accordance with an explicit methodology — that includes any conditions affecting the charges — that the designated screening authority has established and published; (c) that, unless authorized by the Minister, charges imposed under paragraph 24(1)(a) must be the same in respect of all passengers, except that the designated screening authority may impose different charges based on whether passengers are travelling from an aerodrome within Canada to an aerodrome within Canada, from an aerodrome within Canada to an aerodrome within the United States or from an aerodrome within Canada to an aerodrome outside of Canada, other than an aerodrome in the United States; (d) that charges may be used only to recover costs for security screening services made available or provided under section 18 at aerodromes designated by the regulations; (e) that charges must be structured in a way that does not differentiate between Canadian air carriers and foreign air carriers, among Canadian air carriers or among foreign air carriers; (f) that charges must be consistent with Canada’s international obligations in respect of aeronautics;
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(g) that charges should be structured in a way that
prioritizes aviation security and the competitiveness of the air transportation system. Financial requirements (2) For the purposes of paragraph (1)(a), financial requirements include the following: (a) operations and maintenance costs; (b) management and administration costs; (c) debt servicing requirements and financial requirements arising out of contractual agreements relating to the borrowing of money; (d) capital costs and depreciation costs on capital assets; (e) financial requirements necessary for the designated screening authority to maintain an appropriate credit rating; (f) tax liability; (g) reasonable reserves for future expenditures and
contingencies; (h) other costs determined in accordance with accounting principles recommended by the Chartered Professional Accountants of Canada or its successor or assign.
Deduction (3) For the purposes of paragraph (1)(a), an amount
equal to the aggregate of the following amounts is to be deducted from the designated screening authority’s financial requirements: (a) all grants and contributions received by the designated screening authority; (b) all transition period payments referred to in section 59 received by the designated screening authority; (c) all interest and investment income earned by the
designated screening authority; (d) all profits earned by the designated screening authority, other than in respect of security screening services made available or provided under section 18 at aerodromes designated by the regulations. Methodology (4) The methodology referred to in paragraph (1)(b) must include
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(a) the amount of each charge; (b) the circumstances in which each charge applies;
and (c) the formula or other method used to determine
the amount of each charge. Increase — Consumer Price Index 27 (1) The designated screening authority may increase
a charge — annually or in respect of a period of more than one year but not more than five years after the day on which the charge took effect — in accordance with (a) in the case of an annual increase, the percentage
increase to the Consumer Price Index, rounded to the next 0.10%, for the previous year; or (b) in the case of an increase in respect of a period, the aggregate of the annual percentage increases to the Consumer Price Index, rounded to the next 0.10%, for that period.
Proposal submitted to Agency (2) The designated screening authority must submit a
proposal to increase a charge in accordance with subsection (1) to the Agency for a determination of whether the proposed increase is in accordance with that subsection. Limit (3) In making a determination, the Agency may only
consider whether the proposal is in accordance with subsection (1). Agency determination (4) The Agency must make a determination within 30 days after the day on which it receives the proposal and must notify the designated screening authority in writing of its determination.
Publication (5) The designated screening authority must not publish
a notice of the proposal under section 29 until after it is notified of the Agency’s determination. If the Agency does not make a determination within the 30-day period, the designated screening authority may publish the notice after the day on which that period expires. Definition of Consumer Price Index (6) In this section, Consumer Price Index means the annual average all-items Consumer Price Index for Canada (not seasonally adjusted) published by Statistics Canada.
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Minister’s approval of charges 28 (1) The Minister may, on request of the designated
screening authority, approve a proposal to establish or increase a charge if the Minister is of the opinion that (a) implementing a direction issued under section 16
or complying with a new requirement in a security measure, emergency direction or interim order made under the Aeronautics Act has increased or will increase the designated screening authority’s costs related to security screening services made available or provided under section 18 at aerodromes designated by the regulations; and (b) the designated screening authority observed the charging principles in its proposal to establish or increase the charge.
Request before publication (2) The designated screening authority must make the
request before it publishes a notice of the proposal under section 29. Minister’s decision (3) The Minister must make a decision within 30 days after the day on which he or she receives a request and must notify the designated screening authority in writing of his or her decision. Notice of proposal 29 (1) The designated screening authority must publish a notice of any proposal to establish, revise or terminate a charge, including a proposal referred to in section 27 or 28. The designated screening authority must provide the Agency with a copy of the notice no later than the day on which it is published.
Contents of notice (2) The notice must (a) describe the proposal, including the methodology, the proposed amount of the charge and the circumstances in which the charge would apply; (b) specify the date on which the charge or its termination would take effect; (c) set out the designated screening authority’s reasons for establishing, revising or terminating the charge in relation to the charging principles;
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(d) in the case of a proposal to increase a charge in accordance with section 27, indicate whether the Agency determined that the proposal is in accordance with subsection 27(1); (e) in the case of a proposal referred to in section 28,
indicate that the Minister approved the proposal; and (f) in the case of a proposal in respect of which a person may file a notice of objection under subsection 31(1) or (2), indicate that a notice of objection may be filed under one of those subsections.
Effective date (3) The date on which a charge or its termination would take effect must not be before (a) in the case of a proposal in respect of which a person may file a notice of objection under subsection 31(1) or (2), the 121st day after the day on which the notice is published; and (b) in the case of any other proposal, the 31st day after
the day on which the notice is published. Duty to inform air carriers (4) The designated screening authority must, no later
than the day on which a notice of a proposal is published, inform air carriers who are or will be required to collect charges under section 37. Withdrawal of proposal 30 (1) The designated screening authority may withdraw a proposal to establish, revise or terminate a charge, other than a proposal referred to in any of sections 27, 28 and 60.
Limitation (2) The designated screening authority may (a) withdraw a proposal to establish or increase a
charge no later than the earlier of (i) the day on which the Agency makes a determination under section 32, and (ii) the 30th day before the day on which the charge
would take effect; and (b) withdraw any other proposal no later than the
30th day before the day on which the charge or its termination would take effect.
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Notice of withdrawal (3) The designated screening authority must publish a
notice of the withdrawal and provide the Agency with a copy. If the designated screening authority is withdrawing a proposal to revise or terminate a charge, the notice of withdrawal must include a statement that the amount of the charge that was in effect before the designated screening authority published a notice of the proposal under section 29 continues to be in effect and set out that amount. Effect of withdrawal (4) If the designated screening authority withdraws a proposal, the proposed charge or termination does not take effect.
Notice of Objection Notice of objection — paragraph 24(1)(a) 31 (1) Any interested person may, within 30 days after
the day on which the designated screening authority publishes a notice of a proposal to establish or increase a charge referred to in paragraph 24(1)(a), file a notice of objection with the Agency, in the form and manner determined by the Agency, on the grounds that the designated screening authority did not observe one or more of the charging principles. Notice of objection — paragraph 24(1)(b) (2) A person who will be required to pay a charge referred to in paragraph 24(1)(b) or a person in respect of whom the charge will be imposed may, within 30 days after the day on which the designated screening authority publishes a notice of a proposal to establish or increase a charge referred to in that paragraph, file a notice of objection with the Agency, in the form and manner determined by the Agency, on the grounds that the designated screening authority did not observe one or more of the charging principles.
Exception (3) Subsections (1) and (2) do not apply in respect of a proposal to establish or increase a charge if the designated screening authority published a notice of the proposal in accordance with subsection 27(5) or the Minister approved the proposal under section 28 or 60.
Contents of notice of objection (4) A notice of objection must include the reasons for which the person filing the notice considers that the designated screening authority did not observe the charging principles.
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Notification by Agency (5) As soon as feasible after beginning a review of a proposal, the Agency must notify the Minister and the designated screening authority that it is reviewing the proposal. Determination by Agency 32 (1) If a notice of objection is filed with the Agency,
the Agency must determine whether the designated screening authority observed all of the charging principles. Time limit (2) The Agency must make a determination as expeditiously as possible but no later than 90 days after the day on which the first notice of objection was filed.
Proposal rejected (3) If the Agency determines that the designated screening authority did not observe the charging principles, the Agency must reject the proposal and the proposed charge does not take effect.
Notice of rejection (4) As soon as feasible after it is informed that the Agency rejected a proposal, the designated screening authority must publish a notice indicating that the proposal has been rejected. If the proposal was to increase a charge, the notice must include a statement that the amount of the charge that was in effect before the designated screening authority published a notice of the proposal under section 29 continues to be in effect and set out that amount. Proposal approved (5) If the Agency determines that the designated screening authority observed the charging principles, the Agency must approve the proposal and the charge takes effect on the date specified in the notice published under section 29. Determination and reasons (6) The Agency must give its determination and the reasons for it in writing. Copy to Minister (7) The Agency must provide the Minister with a copy of
its determination and the reasons for it immediately after the determination is made.
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General Provisions Confidential information 33 The Agency must take any measures necessary to
maintain the confidentiality of any commercial, financial, scientific or technical information provided to the Agency in respect of a proceeding under this Act if the information has consistently been treated as confidential by any interested person or entity.
No mediation 34 Section 36.1 of the Canada Transportation Act does
not apply to a proceeding before the Agency under this Act. Determination final 35 A determination made by the Agency under this Act is final and sections 32, 40 and 41 of the Canada Transportation Act do not apply in respect of it.
No policy directions issued to Agency 36 Sections 24 and 43 of the Canada Transportation Act
do not apply in respect of the powers, duties and functions of the Agency under this Act.
Collection and Remittance Duty to collect 37 (1) An air carrier must collect, on behalf of the designated screening authority, a charge imposed under paragraph 24(1)(a) at the time a ticket is issued by or on behalf of the air carrier.
Requirement (2) A charge that is collected under subsection (1) must be identified on the ticket as a separate charge.
Duty to remit 38 An air carrier that collects a charge under section 37
must remit the charge, in its entirety, to the designated screening authority within any reasonable time and in any reasonable manner specified by the designated screening authority. Charge revised after paid 39 If the amount of a charge imposed under paragraph 24(1)(a) increases after the day on which it is paid by or in respect of a passenger, no additional amount is
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required to be paid. If the amount of a charge decreases or the charge is terminated after that day, a refund is not required to be issued. Refund 40 The designated screening authority may refund a
charge imposed under paragraph 24(1)(a). The payment of any refund may only be made, on behalf of the designated screening authority, by the air carrier that collected the charge.
Seizure and Detention of Aircraft Seizure and detention of aircraft 41 (1) In addition to any other remedy available for the collection of charges that an air carrier has failed to collect in accordance with section 37 or remit to the designated screening authority in accordance with section 38 and whether or not a judgment for the collection of the charges has been obtained, the designated screening authority may apply to the superior court of the province in which any aircraft owned or operated by the air carrier liable to collect and remit the charges is situated for an order, issued on any terms that the court considers appropriate, authorizing the designated screening authority to seize and detain that aircraft until the charges are remitted or a bond, suretyship or other security for the unpaid and overdue amount in a form satisfactory to the designated screening authority is deposited with the designated screening authority.
Application ex parte (2) An application for an order referred to in subsection (1) may be made ex parte if the designated screening authority has reason to believe that the air carrier is about to take from Canada any aircraft owned or operated by it.
Release (3) The designated screening authority must release
from detention an aircraft seized under this section if (a) the amount in respect of which the seizure was
made is paid; (b) a bond, suretyship or other security in a form satisfactory to the designated screening authority for the amount in respect of which the seizure was made is deposited with the designated screening authority; or (c) an order of a superior court directs the designated
screening authority to do so.
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Exempt aircraft 42 (1) An order issued under section 41 does not apply if
the aircraft is exempt from seizure under the laws of the province in which the court that issued the order is situated. State aircraft are exempt (2) State aircraft are exempt from seizure and detention under an order issued under section 41.
Enforcement Court order — section 12 43 On application by a current or former member, director or officer of the designated screening authority or any other person who, in the discretion of the court, is a proper person to make an application, a superior court may, if it is satisfied that the designated screening authority has contravened any of subsections 12(1) to (3), make any order that it considers appropriate in the circumstances, including an order requiring the designated screening authority to amend its articles of incorporation or by-laws or an order appointing directors in place of any of the directors then in office.
Court order — direction 44 On application by any person, a superior court may, if it is satisfied that the designated screening authority is contravening a direction issued under subsection 16(1), make an order directing the designated screening authority to comply with the direction. The court may also make any other order that it considers appropriate in the circumstances.
Court order — subsection 18(1) 45 On application by any person, a superior court may, if it is satisfied that the designated screening authority is contravening subsection 18(1), make an order directing the designated screening authority to comply with that subsection. The court may also make any other order that it considers appropriate in the circumstances.
Offence — section 23 46 Every person who contravenes section 23 is guilty of
an offence punishable on summary conviction and is liable (a) in the case of an individual, to a fine of not more
than $5,000; or
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(b) in the case of a corporation, to a fine of not more
than $25,000 for each day or part of a day that the offence continues. Offence — direction 47 (1) If the designated screening authority contravenes
a direction issued under subsection 16(1), it is guilty of an offence punishable on summary conviction and is liable to a fine of not more than $25,000 for each day or part of a day that the offence continues.
Offence — subsection 29(1) (2) If the designated screening authority contravenes subsection 29(1), it is guilty of an offence punishable on summary conviction and is liable to a fine of not more than $25,000 for each day or part of a day that the offence continues.
Due diligence 48 A person is not to be found guilty of an offence under
section 46 or 47 if they establish that they exercised due diligence to prevent the commission of the offence. Imprisonment precluded 49 If a person is convicted of an offence under section 46 or 47, imprisonment is not to be imposed in default of payment of any fine imposed as punishment in relation to the offence.
Regulations Governor in Council 50 The Governor in Council may make regulations (a) designating aerodromes for the purposes of this Act; (b) prescribing persons or categories of persons for
the purposes of paragraph 24(2)(d) or subsection 24(3); (c) respecting the collection of charges under section 37 and the remittance of charges under section 38; (d) requiring the designated screening authority to provide the Minister with any information that the Minister may request; and (e) generally for carrying out the purposes and provisions of this Act.
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Five-year Review Review of Act 51 (1) A review of the provisions and operation of this Act must be completed by the Minister during the fifth year after the transfer date.
Tabling of report (2) The Minister must cause a report of the results of the
review to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the report is completed.
Transitional Provisions Sale or disposition of assets and liabilities 52 The Canadian Air Transport Security Authority may, with the approval of the Governor in Council and on any terms and conditions that the Governor in Council considers appropriate, (a) sell or otherwise dispose of some or all of its assets and liabilities to the designated screening authority; and (b) do anything that is necessary for, or incidental to, a measure referred to in paragraph (a). Directives 53 (1) The Governor in Council may, on the recommendation of the Minister and on any terms and conditions that the Governor in Council considers appropriate, issue a written directive to the Canadian Air Transport Security Authority to take any measure referred to in section 52. Time limit (2) The Governor in Council may issue a directive
only before the transfer date. Directive binding (3) The Canadian Air Transport Security Authority and its directors, officers and employees must comply with a directive as soon as feasible. Compliance with a directive is deemed to be in the Canadian Air Transport Security Authority’s best interests.
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Notice of implementation (4) The Canadian Air Transport Security Authority must notify the Minister as soon as feasible after a directive has been implemented.
Non-application of Statutory Instruments Act (5) The Statutory Instruments Act does not apply to a directive.
Proceeds of disposition 54 The Canadian Air Transport Security Authority must pay the proceeds from a sale or other disposition of assets or liabilities under section 52 to the Receiver General. Financial Administration Act 55 Section 89 of the Financial Administration
Act does not apply to any measure referred to in section 52. Part X of Financial Administration Act 56 The Governor in Council may, by order, declare that any provision of Part X of the Financial Administration Act does not apply to or in respect of the Canadian Air Transport Security Authority.
Canadian Air Transport Security Authority Act 57 Beginning on the transfer date, sections 6 to 9, 27 to 30.1 and 34 of the Canadian Air Transport Security Authority Act are suspended.
Regulations and places designated 58 On the transfer date, regulations made under
paragraph 34(a) of the Canadian Air Transport Security Authority Act are deemed to have been made under section 50 of this Act and any place designated by the Minister under subsection 6(1.1) of that Act is deemed to be designated under subsection 18(3) of this Act.
Transition period payments 59 (1) The Minister may enter into an agreement
with the designated screening authority regarding transition period payments by Her Majesty in
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right of Canada to the designated screening authority after the transfer date.
Appropriation (2) There is appropriated the sum of $872,000,000,
or any greater amount that is authorized from time to time under an appropriation Act, to be paid out of the Consolidated Revenue Fund from time to time as required for the purpose of implementing an agreement referred to in subsection (1). Minister’s approval of initial charges 60 (1) The designated screening authority may, before the first anniversary of the transfer date, submit a request to the Minister for approval of the initial charges that it proposes to establish for security screening services made available or provided under section 18 at aerodromes designated by the regulations.
Time limit (2) The Minister must, within 60 days after the
day on which he or she receives a request, decide whether the designated screening authority observed the charging principles. Decision (3) If the Minister decides that the designated
screening authority observed the charging principles, the Minister must approve the proposal. Notice in writing (4) The Minister must notify the designated screening authority in writing of his or her decision.
Duty to publish notice (5) The designated screening authority must publish, in accordance with section 29, a notice of a proposal that has been approved by the Minister and must indicate in the notice that the proposal has been approved. Closing out of affairs 61 (1) Beginning on the transfer date, the Canadian Air Transport Security Authority is authorized to sell or otherwise dispose of all or substantially all of its assets and liabilities and do everything necessary for or incidental to closing out its affairs.
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Legal powers (2) For the purposes of this section, the Canadian Air Transport Security Authority has the capacity, rights, powers and privileges of a natural person.
Minister’s power (3) Beginning on the transfer date, the Minister
may require the Canadian Air Transport Security Authority to do anything that, in his or her opinion, is necessary to sell or otherwise dispose of all or substantially all of its assets and liabilities, satisfy its debts, manage its expenses or otherwise close out its affairs.
Compliance (4) The Canadian Air Transport Security Authority must do what the Minister requires under subsection (3).
Repeal 62 The Canadian Air Transport Security Authority Act, section 2 of chapter 9 of the Statutes of Canada, 2002, or any of its provisions, is repealed on a day or days to be fixed by order of the Governor in Council. Dissolution 63 The Canadian Air Transport Security Authority is dissolved on a day to be fixed by order of the Governor in Council.
Consequential Amendments R.S., c. A-2
Aeronautics Act 271 Subsection 3(1) of the Aeronautics Act is amended by adding the following in alphabetical order:
designated screening authority has the same meaning as in subsection 2(1) of the Security Screening Services Commercialization Act; (administration de contrôle désignée) 2004, c. 15, s. 5
272 Paragraph 4.71(2)(k) of the Act is replaced by
the following:
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(k) requiring security management systems to be established by the designated screening authority and by air carriers and operators of aerodromes and other aviation facilities, including regulations respecting the content or requirements of those systems; 2004, c. 15, s. 5
273 (1) Paragraph 4.81(3)(c) of the Act is replaced
by the following: (c) the president of the designated screening authority; and 2004, c. 15, s. 5
(2) Paragraph 4.81(4)(c) of the Act is replaced by the following: (c) in the case of information disclosed to the president of the designated screening authority, only to persons in the designated screening authority; and 2004, c. 15, s. 5
274 Subsection 4.82(8) of the Act is replaced by
the following: Disclosure to Minister and other persons (8) A person designated under subsection (2) or (3) may disclose information referred to in subsection (7) to the Minister, the designated security authority, any peace officer, any employee of the Canadian Security Intelligence Service, any air carrier or operator of an aerodrome or other aviation facility if the designated person has reason to believe that the information is relevant to transportation security. Any information disclosed to the designated screening authority or to an air carrier or operator of an aerodrome or other aviation facility under this subsection must also be disclosed to the Minister.
2004, c. 15, s. 21(1)
275 Paragraph 8.7(1)(a) of the Act is replaced by
the following: (a) enter, for the purposes of making inspections or
audits relating to the enforcement of this Part, any aircraft, aerodrome or other aviation facility, any premises used for the design, manufacture, distribution, maintenance or installation of aeronautical products or any premises used by the designated screening authority, regardless of whether or not the inspection or audit relates to that place or to the person who possesses, occupies or controls it;
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R.S., c. F-11
Financial Administration Act 2002, c. 9, s. 3
276 Part I of Schedule III to the Financial Administration Act is amended by striking out the following: Canadian Air Transport Security Authority Administration canadienne de la sûreté du transport aérien 1996, c. 10
Canada Transportation Act 2007, c. 19, s. 8(4)
277 Subparagraph 50(1.1)(c)(i) of the Canada
Transportation Act is replaced by the following: (i) the designated screening authority, as defined
in subsection 2(1) of the Security Screening Services Commercialization Act, 2015, c. 20, s. 11
Secure Air Travel Act 278 Paragraph 28(1)(a) of the Secure Air Travel Act is replaced by the following: (a) enter any place, including any aircraft, aerodrome or other aviation facility or any premises used by the designated screening authority, as defined in subsection 2(1) of the Security Screening Services Commercialization Act, for the purposes of making inspections or audits relating to the verification of compliance with this Act, regardless of whether or not the inspection or audit relates to that place or to the person who possesses, occupies or controls it; and
Coming into Force Transfer date 279 (1) Sections 16 to 23 and 44 to 46 and subsection 47(1) of the Security Screening Services Commercialization Act, as enacted by section 270 of this Act, come into force on the transfer date, as defined in subsection 2(1) of the Security Screening Services Commercialization Act.
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Transfer date (2) Sections 271 to 275, 277 and 278 of this Act come into force on the transfer date, as defined in subsection 2(1) of the Security Screening Services Commercialization Act.
Canada Gazette (3) The Minister of Transport must publish in the Canada Gazette a notice of the transfer date, as defined in subsection 2(1) of the Security Screening Services Commercialization Act, as soon as feasible after that date.
Order in council (4) Sections 14, 24 and 37 to 42 of the Security
Screening Services Commercialization Act, as enacted by section 270 of this Act, come into force on a day to be fixed by order of the Governor in Council. Dissolution date (5) Section 276 of this Act comes into force on the
day fixed by order under section 63 of the Security Screening Services Commercialization Act, as enacted by section 270 of this Act.
DIVISION 13 2014, c. 29, s. 2
Aviation Industry Indemnity Act 280 The long title of the Aviation Industry Indemnity Act is replaced by the following: An Act respecting the indemnity of certain aviation industry participants and beneficiaries for certain events 281 The definition event in section 2 of the Act is amended by striking out “or” at the end of paragraph (a), by adding “or” at the end of paragraph (b) and by adding the following after paragraph (b): (c) an act or omission committed by NAV CANADA, or any of its officers, employees or agents or mandataries, in accordance with an instruction given under an agreement entered into between that corporation and Her Majesty in right of Canada respecting the provision of air navigation services, as defined in
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subsection 2(1) of the Civil Air Navigation Services Commercialization Act, to the Department of National Defence or the Canadian Forces. (événement) 282 (1) Subsection 3(1) of the Act is replaced by
the following: Undertaking by Minister 3 (1) The Minister may, in writing, undertake to indemnify (a) any aviation industry participant or class of aviation industry participant against their loss or damage, or liability for loss or damage, that is caused by an event; or (b) any beneficiary or class of beneficiary under an insurance policy held by an aviation industry participant against that beneficiary’s, or class of beneficiary’s, loss or damage that is caused by an event. (2) Paragraphs 3(2)(a) and (b) of the French version of the Act are replaced by the following: a) tout ou partie des pertes ou dommages que le participant de l’industrie aérienne ou le bénéficiaire d’une police d’assurance contractée par celui-ci subissent ou dont le participant est responsable qui ne sont pas assurés ou qui ne donnent par ailleurs pas droit à une indemnité; b) les pertes ou dommages que le participant ou le bénéficiaire subissent ou dont le participant est responsable qui ne constituent pas exclusivement des pertes de revenus. (3) Paragraph 3(3)(c) of the French version of the Act is replaced by the following: c) préciser les catégories de pertes ou de dommages que le participant ou le bénéficiaire d’une police d’assurance contractée par celui-ci subissent ou les catégories de responsabilité engagée par le participant à l’égard de pertes ou de dommages, qui sont visées par l’engagement ou qui en sont exclues; (4) Paragraph 3(3)(d) of the Act is replaced by the following: (d) establish the maximum amount of indemnification, or the method to determine that amount, that may be paid out under the undertaking; (5) Paragraph 3(3)(e) of the French version of the Act is replaced by the following:
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e) exiger de tout participant qu’il contracte une assurance minimale contre des événements pour le montant que précise le ministre; (6) Paragraph 3(3)(f) of the Act is replaced by the
following: (f) require that an aviation industry participant or any
beneficiary under an insurance policy held by an aviation industry participant enter, at the Minister’s request, into an agreement with the Minister respecting the conduct or settlement of any proceedings to which the participant or beneficiary is a party that are related to loss, damage or liability covered by the undertaking. (7) Subsection 3(4) of the Act is replaced by the following:
Different terms (4) In attaching terms to an undertaking, the Minister may distinguish among aviation industry participants or beneficiaries, including among aviation industry participants or beneficiaries of the same class, and may distinguish among classes of aviation industry participants or beneficiaries. 283 Section 4 of the Act is amended by adding the following after subsection (2):
Exception (3) Subsection (2) does not apply to an undertaking, an
amended undertaking or a revocation of an undertaking to indemnify NAV CANADA, or any beneficiary under an insurance policy held by NAV CANADA, that covers only events referred to in paragraph (c) of the definition event in section 2. 284 Section 5 of the Act is replaced by the following: Request for information 5 At any time after the Minister issues an undertaking,
he or she may request that aviation industry participants — or beneficiaries under an insurance policy held by an aviation industry participant — that are covered by the undertaking provide him or her with any information that he or she specifies, including with respect to those aviation industry participants’ eligibility and their existing level of insurance coverage for events covered by the undertaking. 285 Section 6 of the Act is replaced by the following:
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Notice of potential claim 6 (1) In order to submit a claim for indemnification with respect to an event, an aviation industry participant or beneficiary under an insurance policy held by that participant must provide the Minister with a written notice of a potential claim within two years after the day on which the event that could give rise to a claim occurred.
Information to be provided (2) The aviation industry participant or beneficiary must provide the Minister with any additional information that the Minister considers necessary in the circumstances. 286 (1) Subsections 7(1) and (2) of the Act are replaced by the following:
Claim and indemnification 7 (1) After an aviation industry participant or beneficiary under an insurance policy held by that participant submits a written claim for indemnification under an undertaking, the Minister must review the claim and — if a notice was provided in accordance with section 6 and the Minister determines that the claim is eligible for indemnification under the undertaking as it read on the day on which the event that gave rise to the claim occurred — indemnify the participant or beneficiary accordingly.
Further information (2) The aviation industry participant or beneficiary must
provide the Minister with any additional information that the Minister considers necessary to determine if the claim is eligible for indemnification. (2) Subsection 7(5) of the Act is replaced by the following:
Fault (5) Despite subsection (1), the Minister is not required to indemnify an aviation industry participant or beneficiary if the Minister is of the opinion that the loss, damage or liability claimed is principally the fault of that aviation industry participant or beneficiary, as the case may be. 287 Section 9 of the Act is replaced by the following: Subrogation 9 (1) Her Majesty in right of Canada is subrogated, to
the extent of a payment under an undertaking to an aviation industry participant or beneficiary under an insurance policy held by that participant, to all of the
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participant’s or beneficiary’s rights in respect of the loss, damage or liability for which the payment was made. Action (2) Her Majesty in right of Canada may maintain an action, in the aviation industry participant’s or beneficiary’s name or in the name of Her Majesty, against any person to enforce those rights. 288 Section 10 of the Act is replaced by the following: Assessment 10 The Minister must, at least once every two years, assess whether it is feasible for aviation industry participants to obtain insurance coverage, or other similar coverage, for events referred to in paragraph (a) or (b) of the definition event in section 2. 289 Section 11 of the Act is amended by adding the following after subsection (1):
Exception (1.1) The Minister must only report on his or her activities with respect to an undertaking covering an event referred to in paragraph (c) of the definition event in section 2 if he or she issues, amends or revokes such an undertaking.
DIVISION 14 2001, c. 29
Transportation Appeal Tribunal of Canada Act 2018, c. 2, s. 18
290 Subsection 2(3) of the Transportation Appeal Tribunal of Canada Act is replaced by the following: Jurisdiction in respect of other Acts (3) The Tribunal also has jurisdiction in respect of reviews and appeals in connection with administrative monetary penalties provided for under sections 177 to 181 of the Canada Transportation Act, sections 43 to 55 of the International Bridges and Tunnels Act, sections 129.01 to 129.19 of the Canada Marine Act, sections 16.1 to 16.25 of the Motor Vehicle Safety Act, sections 39.1 to 39.26 of the Navigation Protection Act and sections 130.01 to 130.19 of the Marine Liability Act.
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DIVISION 15
Immigration and Citizenship Representation or Advice Purpose of Division 291 The purpose of this Division is to maintain
the integrity of Canada’s immigration and citizenship system.
Enactment of Act Enactment 292 The College of Immigration and Citizenship Consultants Act is enacted as follows:
An Act respecting the College of Immigration and Citizenship Consultants
Short Title Short title 1 This Act may be cited as the College of Immigration and Citizenship Consultants Act.
Interpretation and Application Definitions 2 The following definitions apply in this Act.
Board means the board of directors referred to in subsection 17(1). (conseil) College means the College of Immigration and Citizenship Consultants continued under section 84 or established under section 86. (Collège) immigration and citizenship consultant means a person — other than a person referred to in paragraph 21.1(2)(a) or (b) or subsection 21.1(3) or (4) of the Citizenship Act or paragraph 91(2)(a) or (b) or subsection 91(3) or (4) of the Immigration and Refugee Protection Act — who, directly or indirectly, represents or advises persons for consideration — or offers to do so — in connection with a proceeding or application under the Citizenship Act, the submission of an expression of interest under subsection 10.1(3) of the Immigration and Refugee Protection Act or a proceeding or application
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under that Act. (consultant en immigration et en citoyenneté) licence means a licence issued under this Act. (permis) Minister means the federal minister designated under section 3. (ministre) prescribed means prescribed by the regulations. (Version anglaise seulement) privileged means subject to a privilege under the law of evidence, litigation privilege, solicitor-client privilege or the professional secrecy of advocates and notaries. (protégé) Registrar means the Registrar of the College appointed under section 30. (registraire) Designation of Minister 3 The Governor in Council may, by order, designate any
federal minister to be the Minister referred to in this Act.
Organization College Purpose 4 The purpose of the College is to regulate immigration and citizenship consultants in the public interest and protect the public, including by (a) establishing and administering qualification standards, standards of practice and continuing education requirements for licensees; (b) ensuring compliance with the code of professional
conduct; and (c) undertaking public awareness activities.
Head office 5 The College’s head office is to be at the place in Canada
that is designated in the College’s by-laws. Capacity 6 (1) In carrying out its purpose, the College has the capacity and the rights, powers and privileges of a natural person.
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Extraterritorial capacity (2) For greater certainty, the College may exercise the
rights, powers and privileges referred to in subsection (1) in any jurisdiction outside Canada to the extent that the laws of that jurisdiction permit. Status 7 The College is not an agent of Her Majesty in right of Canada, and the College’s directors, the members of its committees, the Registrar, the investigators and any officers, employees and agents and mandataries of the College are not part of the federal public administration.
Canada Not-for-profit Corporations Act 8 The Canada Not-for-profit Corporations Act does not apply to the College.
Official Languages Act 9 The Official Languages Act applies to the College.
Members 10 The members of the College are the licensees.
Annual general meeting 11 The College must hold an annual general meeting of
members within six months after the end of each of its fiscal years, at a time and place in Canada fixed by the Board. Notice 12 The College must give members notice of the time
and place of the annual general meeting in accordance with the by-laws. Compensation fund 13 The College must establish a fund to compensate persons who have been adversely affected by the conduct or activities of a licensee. Public records 14 (1) The College must prepare and maintain, at its
head office or at any other place in Canada designated by the Board, records that are made available to the public on the College’s website and in any other manner that the College considers appropriate and that contain (a) its by-laws, and amendments to them; (b) the minutes of the Board’s public meetings; (c) a register of directors; (d) a register of officers; and
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(e) its audited annual financial statements as approved by the Board.
Accounting records and financial statements (2) The College must prepare and maintain adequate accounting records and annual financial statements. Retention period (3) Subject to any other Act of Parliament or of the legislature of a province that provides for a longer retention period, the College must retain, for the prescribed period, the accounting records and audited annual financial statements as approved by the Board. Annual report 15 (1) The College must submit to the Minister, within 90 days after the end of each of its fiscal years, a report on the College’s activities during the preceding fiscal year.
Tabling report (2) The Minister must cause a copy of the report to be
tabled in each House of Parliament on any of the first 15 days on which that House is sitting after the day on which the Minister receives it.
Board of Directors Duties and powers of Board 16 (1) The Board must manage, or supervise the management of, the College’s activities and affairs and may, for those purposes, exercise all of the powers conferred on the College under this Act. Delegation (2) The Board may delegate any of the powers, duties
and functions conferred on it under this Act, except the powers (a) to amend or repeal regulations; (b) to make by-laws; and (c) to approve audited annual financial statements.
Composition 17 (1) The College has a board of directors composed of at least seven directors, including the Chairperson.
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Order fixing number of directors (2) The Minister may, by order, fix the number of directors.
Appointed directors (3) Subject to subsection (4), the Minister may, by order,
fix the number of directors that are to be appointed to the Board and appoint those directors. Maximum number of appointed directors (4) The number of appointed directors fixed under subsection (3) must not be greater than the minimum number that is required to constitute a majority of directors on the Board. Elected directors (5) The remaining directors are to be licensees elected in
accordance with the by-laws. Mailing address 18 Each director must provide the College with their
mailing address and with notice of any change in that address. Term 19 (1) Each director is to be appointed or elected for a term of not more than three years, and may be reappointed or — subject to the by-laws — re-elected for subsequent terms of not more than three years each.
Determination of term (2) The length of a director’s term is to be (a) set out by the Minister in the order appointing the
director, if the director is appointed; or (b) determined in accordance with the by-laws, if the
director is elected. Staggered terms (3) For greater certainty, it is not necessary that all directors hold office for terms that begin or end on the same day.
Continuation in office — appointed directors (4) Despite subsection (1) and subject to section 23, an
appointed director continues to hold office until they are reappointed or their successor is appointed.
Ineligibility 20 An individual is not eligible to be appointed or elected as a director if they
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(a) are less than 18 years of age; (b) are neither a Canadian citizen nor a permanent resident, as defined in subsection 2(1) of the Immigration and Refugee Protection Act; (c) have the status of bankrupt; (d) in the case of an appointment to the Board, (i) are a licensee, or (ii) are employed in any capacity in the federal public administration; (e) in the case of election to the Board, have a licence that is suspended; or (f) are ineligible under any other criteria set out in the regulations.
Validity of acts of directors and officers 21 An act of a director or an officer is valid despite their
ineligibility or an irregularity in their election or appointment. Removal — appointed directors 22 (1) An appointed director holds office during good
behaviour and may be removed for cause by the Minister.
Removal — elected directors (2) An elected director may be removed in accordance with the by-laws.
Ceases to be director 23 A director ceases to be a director if (a) they die; (b) they resign; (c) they are removed from office under section 22; or (d) any prescribed circumstance applies.
Remuneration and expenses 24 The College must pay to the directors the remuneration and expenses that are determined in accordance with the by-laws.
Chairperson 25 (1) The Chairperson is to be elected by the Board from among the directors in accordance with the by-laws.
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Duties (2) The Chairperson must preside over the Board’s meetings and perform any other duties that are assigned to the Chairperson by the by-laws. Removal (3) The Board may remove the Chairperson in accordance with the by-laws. Meetings 26 (1) The Board must hold a meeting at least once every calendar year. Quorum (2) A majority of the number of directors fixed by the
Minister under subsection 17(2) constitutes a quorum at any meeting of the Board. Notice of meeting (3) The Chairperson of the Board must give notice of the
time and place of meetings of the Board to the directors and any observer designated under section 76. Public meetings (4) Subject to the by-laws, meetings of the Board are to be open to the public.
Observer — in camera meetings (5) An observer designated under section 76 is entitled to attend meetings of the Board that are held in camera.
Telecommunications (6) Subject to the by-laws, a director may participate in,
and any observer designated under section 76 may observe, a meeting of the Board by telephone or by an electronic or other communication facility that permits them to communicate adequately with each other during the meeting. A director so participating in a meeting is deemed for the purposes of this Act to be present at that meeting. Validity of signed resolutions 27 (1) A resolution in writing, signed by all the directors entitled to vote on that resolution at a meeting of the Board, is as valid as if it had been passed at a meeting of the Board.
Filing resolution (2) Subject to the by-laws made under paragraph
80(1)(z), a copy of every resolution referred to in subsection (1) is to be kept with the minutes of the public meetings of directors.
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Chief Executive Officer 28 The Board may appoint a Chief Executive Officer,
who is to exercise the powers and perform the duties and functions that are delegated to him or her by the Board.
Committees Complaints Committee and Discipline Committee 29 (1) Two committees of the College are established, to
be known as the Complaints Committee and the Discipline Committee. Appointment (2) The members of each committee are to be appointed by the Board in accordance with the regulations.
Term (3) The members of the Discipline Committee are to hold office for a term of not more than five years. The members may be reappointed for subsequent terms of not more than five years each.
Acting after expiry of term (4) A member of the Discipline Committee whose term expires may, in accordance with the rules referred to in section 59, conclude any proceeding that the member has begun.
Removal (5) The members of the Discipline Committee hold office
during good behaviour and may be removed for cause by the Board. Limitation (6) An individual is not permitted to be a member of the Complaints Committee and the Discipline Committee at the same time.
Other committees (7) The Board may establish other committees of the
College.
Registrar Appointment 30 (1) The Board is to appoint a Registrar of the College
for a term of not more than five years. The Registrar may be reappointed for subsequent terms of not more than five years each.
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Removal (2) The Registrar holds office during good behaviour and
may be removed for cause by the Board. Role (3) The Registrar is responsible for issuing licences, establishing and maintaining a register of licensees and verifying compliance or preventing non-compliance with this Act by licensees.
Register available to public 31 (1) The register of licensees must be made available to the public on the College’s website in a searchable format and, subject to the regulations, in any other manner that the Registrar considers appropriate.
Updated information (2) The Registrar must ensure that the information included in the register is updated in a timely manner. Notice to Minister 32 The Registrar must, within the prescribed period and
in the prescribed form and manner, provide notice to the Minister in the following circumstances: (a) a licence is suspended; (b) a licence is revoked; (c) a licence is surrendered; and (d) any other prescribed circumstance.
Licence 33 (1) On application, the Registrar must issue to an individual who, in the Registrar’s opinion, meets the eligibility requirements set out in the by-laws for the class of licence for which the individual applied, a licence of that class.
Conditions (2) A licence issued under this section is subject to any
conditions or restrictions imposed under this Act.
Application (3) An application for a licence must be made in the form
and manner specified by the Registrar and must contain the information specified by the Registrar.
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Surrender of licence 34 The Registrar may, in accordance with the by-laws,
approve the surrender of a licence on application by a licensee made in accordance with the by-laws. Powers of Registrar — verification 35 (1) Subject to the regulations, the Registrar may, for a purpose related to verifying compliance or preventing non-compliance with this Act by licensees, (a) subject to subsection (2), enter a licensee’s business premises, without notice, at any reasonable time and require the production of any document or other thing that is relevant, and examine or copy the document or thing; and (b) require the licensee, or a business partner or employee of the licensee or any person employed by the same employer as the licensee, to provide any information that is relevant.
Dwelling-house (2) If the licensee’s business premises are in a dwellinghouse, the Registrar may enter them only with the occupant’s consent. Privileged information 36 Subject to the regulations, the powers set out in section 35 must not be exercised in respect of privileged information. Referral to Complaints Committee 37 If the Registrar is of the opinion that there may be
reasonable grounds to suspect that a licensee has committed professional misconduct or was incompetent, the Registrar may, subject to the regulations, initiate a complaint and refer it to the Complaints Committee for consideration. Decision of Registrar 38 If the Registrar determines that a licensee has contravened a provision of this Act, of the regulations or of the by-laws, the Registrar may, in his or her decision, in the prescribed circumstances, (a) suspend the licensee’s licence; (b) revoke the licensee’s suspended licence; or (c) take or require any other action set out in the regulations.
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Compliance with decision 39 A licensee who is the subject of a decision made under section 38 must comply with it. Notice to licensees — revocation or suspension 40 (1) The Registrar must notify all licensees of every decision made under subsection 69(3) to revoke or suspend a licence.
Notice to licensees — dismissal of complaint (2) The Registrar must, if requested by the licensee who
was the subject of a complaint that was dismissed by the Discipline Committee, notify all licensees of the dismissal. Delegation 41 Subject to the regulations, the Registrar may delegate
any of the powers, duties and functions conferred on the Registrar under this Act.
Licensees Professional liability insurance 42 (1) Subject to subsection (2), a licensee must be insured against professional liability.
Exemption (2) A licensee may be exempted by the by-laws from the application of subsection (1).
Professional Conduct Code of professional conduct 43 (1) The Minister must, by regulation, establish a
code of professional conduct for licensees. Amendment or repeal (2) Only the Board may, by regulation and with the Minister’s prior written approval, amend or repeal the regulations establishing the code.
Standards of professional conduct and competence 44 A licensee must meet the standards of professional conduct and competence that are established by the code of professional conduct. A licensee who fails to meet those standards commits professional misconduct or is incompetent.
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Complaints Complaint to the College 45 Any person may, in accordance with the by-laws,
make a complaint to the College in respect of a licensee or former licensee.
Referral to Complaints Committee 46 The College may refer a complaint to the Complaints Committee if, in the College’s opinion, the complaint relates to professional misconduct by, or the incompetence of, a licensee.
Referral to another body 47 The College may, in the prescribed circumstances, refer a complaint to another body that has a statutory duty to regulate a profession.
Consideration and investigation of complaints 48 (1) The Complaints Committee must consider all complaints referred to it by the College or the Registrar and may, if the Committee has reasonable grounds to suspect that a licensee committed professional misconduct or was incompetent, conduct an investigation into the licensee’s conduct and activities.
Consideration and investigation on Committee’s initiative (2) If the Complaints Committee has reasonable grounds to suspect that a licensee committed professional misconduct or was incompetent, it must initiate a complaint and consider it, and may conduct an investigation into the licensee’s conduct and activities.
Jurisdiction — former licensees 49 For greater certainty, the Complaints Committee has
jurisdiction to consider a complaint and conduct an investigation in respect of a former licensee.
Investigations Investigator 50 (1) The Complaints Committee may designate an individual as an investigator to conduct an investigation under the Committee’s direction. Revocation (2) The Complaints Committee may revoke the designation.
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Power to require information and documents 51 (1) An investigator may, for the purpose of investigating a licensee’s conduct and activities, require any person (a) to provide any information that, in the investigator’s opinion, the person may be able to provide in relation to the matter being investigated; and (b) to produce, for examination or copying by the investigator, any document or other thing that, in the investigator’s opinion, relates to the matter being investigated and that may be in the possession or under the control of that person. Authority to enter (2) Subject to subsection 52(1), an investigator may, for
that purpose, enter a place in which they have reasonable grounds to believe that an activity regulated under this Act is conducted or any document or other thing relevant to the investigation is located. Other powers (3) The investigator may, for that purpose, (a) examine anything in the place; (b) remove the thing for examination or copying; (c) use any copying equipment in the place, or cause it to be used; (d) open or order any person to open any container or package found in the place; (e) use any means of communication in the place, or
cause it to be used; (f) use any computer system or other device in the
place, or cause it to be used, to examine data contained in or available to it; (g) prepare a document, or cause one to be prepared,
based on the data; and (h) take photographs or make recordings or make a copy of anything in the place.
Duty to assist (4) The owner or person in charge of the place and every
person in the place must give all assistance that is reasonably required to enable the investigator to perform
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their functions under subsections (2) and (3) and must provide any documents or information, and access to any data, that are reasonably required for that purpose.
Warrant to enter dwelling-house 52 (1) If the place is a dwelling-house, the investigator
may enter it without the occupant’s consent only under the authority of a warrant issued under subsection (2).
Authority to issue warrant (2) On ex parte application, a justice of the peace may issue a warrant authorizing the investigator to enter a dwelling-house, subject to any conditions specified in the warrant, if the justice is satisfied by information on oath that (a) the dwelling-house is a place referred to in subsection 51(2); (b) entry to the dwelling-house is necessary for the
purposes of the investigation; and (c) entry was refused by the occupant or there are reasonable grounds to believe that entry will be refused by, or that consent to entry cannot be obtained from, the occupant. Use of force 53 In executing a warrant to enter a dwelling-house, an
investigator may use force only if the use of force has been specifically authorized in the warrant and they are accompanied by a peace officer. Privileged information 54 Subject to the regulations, the powers set out in section 51 must not be exercised in respect of privileged information.
Obstruction and false statements 55 It is prohibited to obstruct or hinder, or make a false
or misleading statement either orally or in writing, to an investigator who is performing their functions.
Immunity Immunity — civil liability 56 A person who exercises powers or performs duties or functions under any of sections 35 and 51 to 53 does not incur civil liability in respect of anything done or omitted to be done in good faith in the exercise of those powers or the performance of those duties or functions.
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Decision of Complaints Committee Referral to Discipline Committee 57 (1) The Complaints Committee may, subject to the regulations, refer a complaint, in whole or in part, to the Discipline Committee.
Measures if not referred to Discipline Committee (2) If the Complaints Committee does not refer the complaint, in whole or in part, to the Discipline Committee, the Complaints Committee must (a) notify the complainant, if any, and the licensee
that the complaint was not referred, and provide them with the reasons for the decision; (b) require the licensee to appear before the Complaints Committee to be cautioned, notify the complainant, if any, of the decision and provide the licensee and the complainant with the reasons for the decision; or (c) refer the complaint to a process of dispute resolution, on any conditions specified by the Complaints Committee, if the complainant and the licensee consent.
If dispute resolution not successful (3) If the complaint is referred to a process of dispute resolution and, at the conclusion of the process, the matter is not resolved to the satisfaction of the Complaints Committee, that Committee continues to be seized of the matter.
Disciplinary Proceedings Complaints referred by Complaints Committee 58 The Discipline Committee must hear and determine all complaints referred to it by the Complaints Committee.
Rules of procedure 59 The Discipline Committee may make rules respecting
the practice and procedure before it, including rules governing panels, and rules for carrying out its work and for the management of its internal affairs. Panel of Discipline Committee 60 (1) Any panel of the Discipline Committee established in accordance with the rules referred to in section
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59 has all of the powers, and must perform all of the duties and functions, of the Discipline Committee. Decision of panel (2) A decision of a panel is a decision of the Discipline
Committee. Parties 61 The Complaints Committee and the licensee are parties to the proceeding. Right of parties to make submissions 62 The parties to the proceeding are entitled to make
oral and written submissions to the Discipline Committee. Submissions — other persons 63 The Discipline Committee may provide an opportunity for any other person to make oral and written submissions to it. Public hearings 64 Subject to the regulations, the by-laws and the rules
referred to in section 59, any oral hearings of the Discipline Committee are open to the public. Jurisdiction — former licensees 65 For greater certainty, the Discipline Committee has jurisdiction to hear and determine a complaint in respect of a former licensee.
Powers of Discipline Committee 66 The Discipline Committee has the power (a) to summon and enforce the appearance of persons
and compel them to give oral or written evidence on oath and to produce any document or other thing that the Committee considers necessary to decide the matter, in the same manner and to the same extent as a superior court of record; (b) to administer oaths; and (c) to accept any evidence, whether admissible in a
court of law or not.
Privileged information 67 Subject to the regulations, the Discipline Committee must not admit or accept as evidence any privileged information.
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Powers before decision 68 (1) Before making a decision under section 69, the Discipline Committee may decide to take any action referred to in paragraph 69(3)(a) or (b) if the Discipline Committee is satisfied that it is necessary for the protection of the public.
Action is provisional (2) Any action taken under subsection (1) is provisional and ceases to have effect when the decision in respect of the complaint is made under section 69, unless the action is confirmed in the decision.
Decision on complaint 69 (1) After the hearing of a complaint, the Discipline Committee must determine whether the licensee has committed professional misconduct or was incompetent.
Dismissal of complaint (2) If the Discipline Committee determines that the licensee did not commit professional misconduct or was not incompetent, the Committee must dismiss the complaint.
Professional misconduct or incompetence (3) If the Discipline Committee determines that the licensee has committed professional misconduct or was incompetent, the Committee may, in its decision, (a) impose conditions or restrictions on the licensee’s licence; (b) suspend the licensee’s licence for not more than the prescribed period or until specified conditions are met, or both; (c) revoke the licensee’s licence; (d) require the licensee to pay a penalty of not more
than the prescribed amount to the College; or (e) take or require any other action set out in the regulations.
Decision and reasons in writing (4) The Discipline Committee must give its decision and the reasons for it in writing.
Decision and reasons available to public (5) Subject to the regulations, the decision and the reasons for it must be made available to the public on the College’s website and in any other manner that the College considers appropriate.
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Notice to Registrar (6) The Discipline Committee must provide a copy of its decision to the Registrar.
Payment into compensation fund (7) If a decision made by the Discipline Committee under subsection (3) requires that a licensee pay a penalty to the College, the amount of the penalty is to be paid into the compensation fund referred to in section 13. Compliance with decision 70 Any person who is the subject of a decision made under subsection 68(1) or 69(3) must comply with it.
Judicial Review Respondent — College 71 If an application is made for judicial review of a decision of the College, including its committees, the College is the respondent in respect of the application.
Non-application of certain Acts 72 For the purposes of judicial review, a decision of the
College, including of its committees, is not a matter under the Citizenship Act or the Immigration and Refugee Protection Act.
Minister — judicial review 73 If the Minister is a complainant, he or she may make an application to the Federal Court for judicial review of any decision of the College, including of its committees, relating to the complaint.
Powers of Minister Powers of Minister 74 (1) The Minister may (a) review the Board’s activities and require the Board to provide the Minister with reports and information, including confidential information; and (b) require the Board to do anything — including to make, amend or repeal a regulation or by-law or to submit to an audit — that, in the Minister’s opinion, is advisable to carry out the purposes of this Act.
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Deemed best interests (2) Compliance by a director of the Board with a requirement of the Minister is deemed to be in the best interests of the College. Person acting for Board 75 Subject to the regulations, the Minister may appoint a person to, in the place of the Board, exercise the Board’s powers and perform its duties and functions conferred under this Act that are specified by the Minister, on the conditions and for the period specified by the Minister.
Observer 76 (1) The Minister may designate as an observer at
meetings of the Board any officer or employee of the department over which the Minister presides. Confidential information (2) An observer is authorized to disclose confidential information to the Minister.
Prohibition and Injunction Unauthorized practice 77 A person, other than a licensee, must not (a) use the title “immigration consultant,” “citizenship
consultant,” “international student immigration advisor” or a variation or abbreviation of any of those titles, or any words, name or designation, in a manner that leads to a reasonable belief that the person is a licensee; (b) represent themselves, in any way or by any means, to be a licensee; or (c) unless the person is a person referred to in paragraph 21.1(2)(a) or (b) or subsection 21.1(3) or (4) of the Citizenship Act or paragraph 91(2)(a) or (b) or subsection 91(3) or (4) of the Immigration and Refugee Protection Act, knowingly, directly or indirectly, represent or advise a person for consideration — or offer to do so — in connection with a proceeding or application under the Citizenship Act, the submission of an expression of interest under subsection 10.1(3) of the Immigration and Refugee Protection Act or a proceeding or application under that Act.
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Injunction 78 On application by the College, if a court of competent jurisdiction is satisfied that a contravention of section 77 is being or is likely to be committed, the court may grant an injunction, subject to any conditions that it considers appropriate, ordering any person to cease or refrain from any activity related to that contravention or ordering the person to take any measure that the court considers appropriate.
Offences and Punishment Offences and punishment 79 (1) Every person who contravenes section 55 or an order made under paragraph 66(a) or who contravenes section 70 is guilty of an offence and liable (a) on conviction on indictment, to a fine of not more than $50,000 or to imprisonment for a term of not more than two years, or to both; or (b) on summary conviction, to a fine of not more
than $10,000 or to imprisonment for a term of not more than six months, or to both. Due diligence (2) A person is not to be found guilty of an offence under
subsection (1) if they establish that they exercised due diligence to prevent the commission of the offence.
By-laws and Regulations By-laws 80 (1) The Board may, by a resolution approved by at
least the majority of directors present at a meeting or by a resolution referred to in subsection 27(1) approved by at least the majority of directors, make by-laws respecting any matter necessary to carry on the activities of the College, including by-laws (a) designating the place in Canada where the head office of the College is to be located; (b) respecting annual general meetings; (c) respecting the compensation fund referred to in section 13, including the circumstances in which compensation may be paid; (d) respecting the election of directors, the terms of elected directors and their removal;
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(e) respecting the remuneration and expenses of directors; (f) respecting the election and removal of the Chairperson of the Board and the Chairperson’s duties; (g) respecting the Board’s meetings and activities, including voting; (h) respecting the filling of vacancies caused by the temporary absence or incapacity of elected directors; (i) establishing a code of ethics for the directors, officers and employees of the College; (j) fixing the annual fee — or the manner of determining the annual fee — that is to be paid by licensees; (k) fixing any other fee — or the manner of determining any other fee — that is to be paid by licensees; (l) establishing the time within which and the manner
in which any fees or other amounts are to be paid; (m) respecting the classes of firm in connection with which a licensee may work as a licensee; (n) establishing classes of licences and prescribing eligibility requirements for each class; (o) respecting conditions or restrictions to be imposed
on licences or classes of licences; (p) respecting the maintenance of licensees’ competencies and continuing professional development requirements for licensees; (q) respecting the surrender of licences and applications for a surrender; (r) respecting the professional liability insurance that
licensees are required to maintain; (s) exempting licensees from the requirement to be insured against professional liability; (t) respecting the information and documents that licensees must provide to the College; (u) respecting the keeping and preservation of records
by licensees; (v) establishing a procedure for resolving disputes in
respect of fees charged by licensees; (w) respecting pro bono work by licensees;
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(x) respecting the making of complaints to the College; (y) respecting the activities of the Complaints Committee; and (z) respecting the circumstances in which information
is to be treated as confidential and limiting the use and disclosure of that information.
Different treatment (2) The by-laws made under subsection (1) may distinguish among classes of licences.
Mandatory eligibility requirement (3) Any by-law that establishes a class of licence that
does not prevent a licensee who holds a licence of that class from representing persons before the Immigration and Refugee Board must also provide, as an eligibility requirement for that class, that licensees must have completed training related to appearing before a tribunal.
Notice (4) A by-law imposing a new condition or restriction on a class of licence must not come into force unless 90 days’ notice has been given to the licensees who hold a licence of that class.
For greater certainty (5) For greater certainty, by-laws are not required to be approved by the members of the College.
Regulations — Governor in Council 81 (1) The Governor in Council may make regulations
for carrying out the purposes and provisions of this Act, including regulations (a) respecting the compensation fund referred to in section 13, including the circumstances in which compensation may be paid; (b) respecting the reports and information that must be provided or submitted to the Minister;
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(c) prescribing ineligibility criteria for the purposes of
section 20; (d) respecting the consequences of meeting the ineligibility criteria referred to in section 20 while in office; (e) respecting the conflicts of interest of directors, members of the Complaints Committee, members of the Discipline Committee and members of any other committee of the College; (f) respecting the Complaints Committee, the Discipline Committee and any other committees of the College, including the powers, duties and functions of those committees, the eligibility requirements for membership in them, the remuneration of members, the terms of members and their removal; (g) establishing committees of the College; (h) respecting the eligibility requirements to be appointed as Registrar and the Registrar’s remuneration; (i) respecting the register of licensees, including the
contents of the register and the manner in which it is to be made available to the public; (j) respecting the issuance of licences, establishing a
process for making decisions under subsection 33(1) and prescribing the circumstances in which the process is to be followed; (k) respecting the verifications referred to in section
35 and imposing limits on the exercise of the powers under that section; (l) prescribing the circumstances in which the Registrar must initiate a complaint and refer it to the Complaints Committee for consideration; (m) establishing a process for making decisions under section 38 and prescribing the circumstances in which the process is to be followed; (n) respecting the actions that may be taken or required by the Registrar under section 38, which may include the requirement to pay a monetary penalty, and specifying the amount or maximum amount of such a penalty; (o) limiting the powers, duties and functions that may
be delegated by the Registrar and the persons to whom they may be delegated; (p) respecting the examination and copying of a thing
under section 51 and the removal of the thing for examination or copying;
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(q) respecting the circumstances in which the Registrar, the Complaints Committee, an investigator and the Discipline Committee may obtain and use privileged information, the process to be followed by them in order to obtain and use that information and the limits to obtaining and using that information; (r) prescribing the circumstances in which the Complaints Committee must refer a complaint, in whole or in part, to the Discipline Committee; (s) respecting the actions that may be taken or required by the Discipline Committee under subsections 68(1) and 69(3), which may include the requirement to reimburse all or a portion of the costs incurred by the College or by any other person during the proceeding before the Committee or all or a portion of the fees or disbursements paid to the licensee by a client or to pay a monetary penalty, and specifying the amount or maximum amount of such a penalty; (t) prescribing the circumstances in which the actions referred to in paragraph (s) may be taken or required; (u) prescribing the manner in which decisions and
reasons of the Discipline Committee are to be made available to the public and the circumstances in which decisions and reasons of the Committee are not required to be made available to the public; (v) prescribing the circumstances in which the Minister may appoint a person under section 75 and imposing limits on the powers, duties, functions, conditions and period that the Minister may specify under that section; (w) respecting the collection, retention, use, disclosure and disposal of personal information for the purposes of this Act; and (x) prescribing anything that, by this Act, is to be or may be prescribed.
Authorization (2) Regulations made under paragraphs (1)(c) to (e), (i)
and (u) may authorize the College to make by-laws with respect to all or part of the subject matter of the regulations and, for greater certainty, those by-laws are regulations for the purposes of the Statutory Instruments Act.
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No waiver (3) For greater certainty, the disclosure of privileged information under a regulation made under paragraph (1)(q) to the Registrar, the Complaints Committee, an investigator or the Discipline Committee does not constitute a waiver of the privilege. Regulations prevail 82 The regulations prevail over the by-laws to the extent
of any inconsistency or conflict between them.
Transitional Provisions Definitions 83 The following definitions apply in sections 84 to 87.
Council means the Immigration Consultants of Canada Regulatory Council incorporated under Part II of the Canada Corporations Act on February 18, 2011. (Conseil) date of continuance means the date specified in an order made under subsection 84(2). (date de prorogation) date of transition means the day on which subsections 293(1) and 296(1) of the Budget Implementation Act, 2019, No. 1 come into force. (date de transition) Application for continuance 84 (1) The Council may, if it is authorized to do so by its members in accordance with subsections 213(3) to (5) of the Canada Not-for-profit Corporations Act, apply to the Minister to be continued under this Act.
Approval of application (2) Unless an order has been made under section 86, after receiving an application made under subsection (1), the Minister must, by order, approve the continuance and specify a date of continuance.
Copy of order (3) If the Minister makes an order under subsection (2), he or she must provide the Director appointed under section 281 of the Canada Not-for-profit Corporations Act with a copy of it.
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Canada Not-for-profit Corporations Act (4) An order made under subsection (2) is, for the purpose of subsection 213(7) of the Canada Not-for-profit Corporations Act, deemed to be a notice that the corporation has been continued, and that subsection 213(7) is to be applied in respect of the Council without regard to the words “if the Director is of the opinion that the corporation has been continued in accordance with this section”. Non-application of certain subsections (5) For the purposes of this Act, subsections 213(1), (2),
(6) and (10) of the Canada Not-for-profit Corporations Act do not apply. Applicable provisions if Council continued 85 (1) Subsections (2) to (8) apply if the Council is continued under section 84.
Definition of transitional period (2) In subsections (3) and (4), transitional period means the period beginning on the date of continuance and ending on the day before the day on which an order made under subsection 17(2) comes into force.
Initial organization of Board (3) During the transitional period, the College’s Board is
to be composed of nine directors, five of which are to be appointed by the Minister. Of the four other directors, two are to be the persons who held the positions of Chair and Vice-Chair of the Council’s board of directors immediately before the date of continuance, and the two others are to be selected by that Chair from among the directors of the Council’s board of directors who were members of the Council immediately before that date on the recommendation, if any, of the Council’s board of directors.
Deemed election or appointment (4) The five directors appointed by the Minister are
deemed to have been appointed under subsection 17(3) and the four other directors referred to in subsection (3) are deemed to have been elected under subsection 17(5).
End of term (5) The directors hold office for a term that ends on the day on which the transitional period ends.
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Performance review (6) The Board must, within 12 months after the date of continuance, review the performance of any officers of the College, including the Chief Executive Officer.
Effects of continuance (7) Beginning on the date of continuance, (a) the Council becomes the College of Immigration and Citizenship Consultants, a corporation without share capital to which this Act applies as if it had been established under this Act; (b) unless the context otherwise requires, every reference to the Council in any contract, instrument or act or other document executed or signed by the Council is to be read as a reference to the College; (c) the property and rights of the Council are the
property and rights of the College; (d) the College is liable for the obligations of the
Council; (e) the status of any person who, immediately before
the date of continuance, was an officer or employee of the Council or a member of the Complaints Committee or Discipline Committee of the Council and any term or condition of their appointment or employment are unaffected, except that, as of that day, the person is an officer or employee of the College or a member of the Complaints Committee or Discipline Committee of the College, as the case may be; (f) an existing cause of action, claim or liability to
prosecution of or against the Council is unaffected; (g) any civil, criminal or administrative action or proceeding pending by or against the Council may be continued by or against the College; (h) any conviction against, or ruling, order or judgment in favour of or against, the Council may be enforced by or against the College; (i) any matter before the Council immediately before
the date of continuance, including any matters related to complaints and discipline, are continued before the College; (j) the members of the Council are holders of a class of licence, until the day before the day on which by-laws made under paragraph 80(1)(n) come into force and, until that day, any conditions or restrictions to which their membership was subject immediately before the date of continuance continue to apply;
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(k) persons registered with the Council as Regulated
International Student Immigration Advisors are, until the day before the day on which by-laws made under paragraph 80(1)(n) come into force, holders of a class of licence that is subject to the following restrictions in addition to any conditions or restrictions to which their registration was subject immediately before the date of continuance: (i) the holder may provide advice only in relation to authorizations to study in Canada and authorizations to enter and remain in Canada as a student and the manner in which those authorizations relate to submissions of an expression of interest under subsection 10.1(3) of the Immigration and Refugee Protection Act and applications under that Act, and (ii) the holder must not represent any person in
connection with submissions of an expression of interest under subsection 10.1(3) of the Immigration and Refugee Protection Act, proceedings or applications under that Act or proceedings or applications under the Citizenship Act; (l) any application for membership in, or registration with, the Council is continued as an application for a licence; (m) the eligibility requirements for membership in, or registration with, the Council that were in effect immediately before the date of continuance remain in effect and apply to any application for a licence until the day before the day on which a by-law made under paragraph 80(1)(n) comes into force; (n) the code of professional ethics regulating members of the Council and the code of ethics regulating persons registered with the Council as Regulated International Student Immigration Advisors remain in effect until the day before the day on which the Minister establishes a code of professional conduct for licensees under subsection 43(1) and, until that day, a reference to the code of professional conduct in this Act, other than in section 43, is to be read as a reference to that code of professional ethics and that code of ethics; (o) subject to paragraphs (m) and (n), every by-law of the Council and every regulation made by the Council’s board of directors remains in effect, to the extent that it is not inconsistent with this Act, until the day before the day on which a by-law made under section 80 comes into force and, until that day, a reference to the by-laws in this Act is also to be read as a reference to those by-laws of the Council and those regulations made by the Council’s board of directors;
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(p) the rules of procedure of the Discipline Committee
of the Council remain in effect, to the extent that they are not inconsistent with this Act, until the day before the day on which the Discipline Committee of the College makes rules respecting practice and procedure under section 59; (q) the College’s Complaints Committee has jurisdiction to consider and conduct an investigation into a complaint in respect of the conduct or activities of a member referred to in paragraph (j) or a person referred to in paragraph (k) that were engaged in before the date of continuance; (r) the College’s Discipline Committee has jurisdiction to hear and determine complaints in respect of the conduct or activities of a member referred to in paragraph (j) or a person referred to in paragraph (k) that were engaged in before the date of continuance and to take or require the actions that would have been applicable at the time that the conduct or activities were engaged in; (s) every decision of the Council, including those made by the Registrar of the Council and the Council’s Discipline Committee, that was in force immediately before the date of continuance remains in force as if it were a decision of the College; (t) the Registrar may, until the day before the day on which a regulation prescribing the circumstances referred to in section 38 comes into force, suspend a licence if the licensee fails to (i) pay the annual fee, or any other fee or amount that the licensee is required to pay under this Act, in accordance with the by-laws, (ii) provide, in accordance with the by-laws, any information or document required by the by-laws, (iii) comply with any requirement that is imposed by the by-laws with respect to continuing professional development, or (iv) comply with any requirement with respect to
professional liability insurance that is imposed under this Act; (u) the prescribed period referred to in paragraph 69(3)(b) is deemed to be two years until the day before the day on which a regulation made under section 81 prescribing the period comes into force; and (v) the prescribed amount referred to in paragraph
69(3)(d) is deemed to be $10,000 until the day before
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the day on which a regulation made under section 81 prescribing the amount comes into force.
Transitional provisions — new classes of licence (8) For greater certainty, the by-laws made under subsection 80(1) may contain provisions in respect of the transition from the classes of licence referred to in paragraphs (7)(j) and (k) to the new classes of licence established by the by-laws. Establishment of College 86 If the Council has not been continued under section 84 and a period of six months — or any shorter period that the Governor in Council may, by order, specify — has elapsed after the day on which this section comes into force, the Minister may establish, by order, a corporation without share capital to be known as the College of Immigration and Citizenship Consultants.
Applicable provisions if College established 87 (1) Subsections (2) to (10) apply if the College is established by an order made under section 86.
Definition of transitional period (2) In subsections (3) and (4), transitional period means the period beginning on the day on which an order made under section 86 comes into force and ending on the day before the day on which an order made under subsection 17(2) comes into force.
Initial organization of Board (3) During the transitional period, the College’s Board is
to be composed of five directors to be appointed by the Minister. Deemed appointment (4) The directors are deemed to have been appointed under subsection 17(3). They hold office for a term that ends on the day on which the transitional period ends.
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College not a Crown Corporation (5) Despite Part X of the Financial Administration Act,
the College is not a Crown corporation as defined in subsection 83(1) of that Act. Right to relevant records (6) Beginning on the day on which an order made under
section 86 comes into force, any person who is in possession or control of records of the Council that are relevant to the purpose of the College must, at the College’s request, provide the College with a copy of those records. Effects of transition (7) Beginning on the date of transition, (a) subject to subsection (8), persons who were members of the Council immediately before the date of transition are holders of a class of licence until the day before the day on which by-laws made under paragraph 80(1)(n) come into force and, until that day, any conditions or restrictions to which their membership was subject immediately before the date of transition continue to apply; (b) subject to subsection (8), persons who were registered with the Council as Regulated International Student Immigration Advisors immediately before the date of transition are, until the day before the day on which by-laws made under paragraph 80(1)(n) come into force, holders of a class of licence that is subject to the following restrictions, in addition to any conditions or restrictions to which their registration was subject immediately before the date of transition: (i) the holder may provide advice only in relation to
authorizations to study in Canada and authorizations to enter and remain in Canada as a student and the manner in which those authorizations relate to submissions of an expression of interest under subsection 10.1(3) of the Immigration and Refugee Protection Act and applications under that Act, and (ii) the holder must not represent any person in connection with submissions of an expression of interest under subsection 10.1(3) of the Immigration and Refugee Protection Act, proceedings or applications under that Act or proceedings or applications under the Citizenship Act; (c) the code of professional ethics regulating members
of the Council and the code of ethics regulating persons registered with the Council as Regulated International Student Immigration Advisors that were in effect immediately before the date of transition apply
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until the day before the day on which the Minister establishes a code of professional conduct for licensees under subsection 43(1) and, until that day, a reference to the code of professional conduct in this Act, other than in section 43, is to be read as a reference to that code of professional ethics and that code of ethics; (d) the College may deal with any matter related to
complaints and discipline that was pending before the Council immediately before the date of transition; (e) the College’s Complaints Committee has jurisdiction to consider a complaint and conduct an investigation in respect of the conduct or activities of a member referred to in paragraph (a) or a person referred to in paragraph (b) that were engaged in before the date of transition; (f) the College’s Discipline Committee has jurisdiction to hear and determine complaints in respect of the conduct or activities of a member referred to in paragraph (a) or a person referred to in paragraph (b) that were engaged in before the date of transition and to take or require the actions that would have been applicable at the time that the conduct or activities were engaged in; (g) for the purposes of paragraphs (e) and (f), a member referred to in paragraph (a) or a person referred to in paragraph (b) committed professional misconduct or was incompetent if they failed to meet the standards of professional conduct and competence that were established by the code of professional ethics regulating members of the Council or the code of ethics regulating persons registered with the Council as Regulated International Student Immigration Advisors, as the case may be, that was in effect when the conduct or activities were engaged in; (h) the Registrar may, until the day before the day on which a regulation prescribing the circumstances referred to in section 38 comes into force, suspend a licence if the licensee fails to (i) pay the annual fee, or any other fee or amount that the licensee is required to pay under this Act, in accordance with the by-laws, (ii) provide, in accordance with the by-laws, any information or document required by the by-laws, (iii) comply with any requirement that is imposed by the by-laws with respect to continuing professional development, or
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(iv) comply with any requirement with respect to
professional liability insurance that is imposed under this Act; (i) the prescribed period referred to in paragraph 69(3)(b) is deemed to be two years until the day before the day on which a regulation made under section 81 prescribing that period comes into force; (j) the prescribed amount referred to in paragraph
69(3)(d) is deemed to be $10,000 until the day before the day on which a regulation made under section 81 prescribing that amount comes into force; and (k) every decision of the Council that suspends a
member referred to in paragraph (a) or a person referred to in paragraph (b), or imposes conditions or restrictions on their membership or registration, and that was in force immediately before the date of transition becomes a suspension of a licence or a condition or restriction to which a licence is subject, as the case may be, and continues to be such until the date specified in the decision or until the College lifts the suspension, conditions or restrictions.
Registration fees (8) A member of the Council referred to in paragraph
(7)(a) or a person referred to in paragraph (7)(b) continues to be a holder of a licence only if, within two months after the date of transition, or within any longer period specified by the College and posted on its website, they pay the registration fee specified by the College and posted on its website. Limit (9) A by-law must not be made under paragraph 80(1)(n)
on or before the date of transition.
Transitional provisions — new classes of licence (10) For greater certainty, the by-laws made under subsection 80(1) may contain provisions in respect of the transition from the classes of licence referred to in paragraphs (7)(a) and (b) to the new classes of licence established by the by-laws.
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Regulations 88 The Governor in Council may make regulations providing for any other transitional matters arising from the coming into force of this Act.
Related Amendments R.S., c. C-29
Citizenship Act 2014, c. 22, s. 18
293 (1) Paragraph 21.1(2)(c) of the Citizenship Act is replaced by the following: (c) a member in good standing of the College, as defined in section 2 of the College of Immigration and Citizenship Consultants Act. 2014, c. 22, s. 18
(2) Subsections 21.1(5) to (8) of the Act are repealed. 294 (1) Subsection 27(1) of the Act is amended by striking out “and” at the end of paragraph (k.5) and by adding the following after paragraph (k.5): (k.6) establishing a system of administrative penalties
and consequences — including of administrative monetary penalties — applicable to the violations designated in regulations made under paragraph (k.7) and setting the amounts of those administrative monetary penalties; (k.7) designating as a violation the contravention —
including a contravention committed outside Canada — of any specified provision of this Act or of the regulations by any person who, directly or indirectly, represents or advises a person for consideration — or offers to do so — in connection with a proceeding or application under this Act; (k.8) prohibiting acts in relation to the activity of representing or advising — or offering to do so — described in paragraph (k.7); (k.9) providing for the power to inspect — including
the power to require documents to be provided by individuals and entities for inspection — for the purpose of verifying compliance with the provisions specified in regulations made under paragraph (k.7); and (2) Section 27 of the Act is amended by adding the
following after subsection (2):
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Right to request review (3) Any regulation made under paragraph (1)(k.6) must provide that a person referred to in any of subsections 21.1(2) to (4) who is the subject of a notice of violation has the right to request, from a person appointed under subsection (4), a review of the notice or of the penalty imposed.
Appointment — order (4) The Governor in Council may, by order, appoint one
or more citizens or permanent residents, as defined in subsection 2(1) of the Immigration and Refugee Protection Act, to conduct reviews in respect of notices of violation issued, or penalties imposed, under a regulation made under paragraph (1)(k.6) and to perform any other function conferred on them by a regulation made under that paragraph. Tenure (5) A person appointed by order under subsection (4)
holds office during good behaviour for a term that the Governor in Council may specify, by order, but may be removed for cause by the Governor in Council at any time. 2014, c. 22, s. 29
295 Paragraphs 29.1(a) and (b) of the Act are replaced by the following: (a) on conviction on indictment, to a fine of not more
than $200,000 or to imprisonment for a term of not more than two years, or to both; or (b) on summary conviction, to a fine of not more
than $40,000 or to imprisonment for a term of not more than six months, or to both. 2001, c. 27
Immigration and Refugee Protection Act 2011, c. 8, s. 1
296 (1) Paragraph 91(2)(c) of the Immigration and Refugee Protection Act is replaced by the following: (c) a member in good standing of the College, as defined in section 2 of the College of Immigration and Citizenship Consultants Act. 2011, c. 8, s. 1; 2013, c. 40, ss. 292(2) and (3)(E)
(2) Subsections 91(5) to (7) of the Act are repealed.
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2011, c. 8, s. 1
(3) Subsections 91(7.1) and (8) of the Act are replaced by the following:
Québec Immigration Act (7.1) For greater certainty, the Québec Immigration Act, CQLR, c. I-0.2.1, applies to, among other persons, every person who, in Quebec, represents or advises a person for consideration — or offers to do so — in connection with a proceeding or application under this Act and is a member of the College, as defined in section 2 of the College of Immigration and Citizenship Consultants Act.
2011, c. 8, s. 1
(4) Paragraphs 91(9)(a) and (b) of the Act are replaced by the following: (a) on conviction on indictment, to a fine of not more
than $200,000 or to imprisonment for a term of not more than two years, or to both; or (b) on summary conviction, to a fine of not more than $40,000 or to imprisonment for a term of not more than six months, or to both.
297 The Act is amended by adding the following after section 91:
Regulations 91.1 (1) The regulations may (a) establish a system of administrative penalties and
consequences — including of administrative monetary penalties — applicable to the violations designated in regulations made under paragraph (b) and set the amounts of those administrative monetary penalties; (b) designate as a violation the contravention — including a contravention committed outside Canada — of any specified provision of this Act or of the regulations by any person who, directly or indirectly, represents or advises a person for consideration — or offers to do so — in connection with the submission of an expression of interest under subsection 10.1(3) or a proceeding or application under this Act; (c) prohibit acts in relation to the activity of representing or advising — or offering to do so — described in paragraph (b); and (d) provide for the power to inspect — including the power to require documents to be provided by individuals and entities for inspection — for the purpose of
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verifying compliance with the provisions specified in regulations made under paragraph (b).
Right to request review (2) Any regulation made under paragraph (1)(a) must
provide that a person referred to in any of subsections 91(2) to (4) who is the subject of a notice of violation has the right to request, from a person appointed under subsection (3), a review of the notice or of the penalty imposed. Appointment — order (3) The Governor in Council may, by order, appoint one or more Canadian citizens or permanent residents to conduct reviews in respect of notices of violation issued, or penalties imposed, under a regulation made under paragraph (1)(a) and to perform any other function conferred on them by a regulation made under that paragraph.
Tenure (4) A person appointed by order under subsection (3) holds office during good behaviour for a term that the Governor in Council may specify, by order, but may be removed for cause by the Governor in Council at any time.
Consequential Amendments R.S., c. A-1
Access to Information Act 298 Schedule I to the Access to Information Act
is amended by adding the following in alphabetical order under the heading “Other Government Institutions”: College of Immigration and Citizenship Consultants Collège des consultants en immigration et en citoyenneté R.S., c. P-21
Privacy Act 299 The schedule to the Privacy Act is amended
by adding the following in alphabetical order under the heading “Other Government Institutions”: College of Immigration and Citizenship Consultants Collège des consultants en immigration et en citoyenneté
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Coming into Force Order in council 300 (1) Section 292 comes into force on a day to
be fixed by order of the Governor in Council. Order in council (2) Section 293 and subsections 296(1) to (3) come
into force on a day to be fixed by order of the Governor in Council, but that day must not be before the day that is fixed under subsection (1). Date of continuance or order in council (3) Sections 298 and 299 come into force on the
date of continuance, as defined in section 83 of the College of Immigration and Citizenship Consultants Act, or on the day on which an order made under section 86 of that Act comes into force.
DIVISION 16 2001, c. 27
Immigration and Refugee Protection Act Amendments to the Act 301 Subsection 3(1) of the Immigration and Refugee Protection Act is amended by adding the following after paragraph (f): (f.1) to maintain, through the establishment of fair and efficient procedures, the integrity of the Canadian immigration system; 302 (1) Section 24 of the Act is amended by adding the following after subsection (3):
Restriction — pending application for protection (3.1) A foreign national whose claim for refugee protection has been determined to be ineligible to be referred to the Refugee Protection Division may not request a temporary resident permit if they have made an application for protection to the Minister that is pending.
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2010, c. 8, s. 3
(2) Subsection 24(4) of the Act is replaced by the following:
Restriction (4) A foreign national whose claim for refugee protection has not been allowed may not request a temporary resident permit if less than 12 months have passed since (a) the day on which their claim was rejected or determined to be withdrawn or abandoned by the Refugee Protection Division, in the case where no appeal was made and no application was made to the Federal Court for leave to commence an application for judicial review; or (b) in any other case, the latest of (i) the day on which their claim was rejected or determined to be withdrawn or abandoned by the Refugee Protection Division or, if there was more than one such rejection or determination, the day on which the last one occurred, (ii) the day on which their claim was rejected or determined to be withdrawn or abandoned by the Refugee Appeal Division or, if there was more than one such rejection or determination, the day on which the last one occurred, and (iii) the day on which the Federal Court refused
their application for leave to commence an application for judicial review, or denied their application for judicial review, with respect to their claim. 2012, c. 17, s. 13(3)
303 Subsection 25(1.2) of the Act is amended by
striking out “or” at the end of paragraph (b) and by replacing paragraph (c) with the following: (b.1) the foreign national made a claim for refugee
protection that was determined to be ineligible to be referred to the Refugee Protection Division and they made an application for protection to the Minister that is pending; or (c) subject to subsection (1.21), less than 12 months have passed since (i) the day on which the foreign national’s claim for
refugee protection was rejected or determined to be withdrawn — after substantive evidence was heard — or abandoned by the Refugee Protection Division, in the case where no appeal was made and no application was made to the Federal Court for leave to commence an application for judicial review, or
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(ii) in any other case, the latest of (A) the day on which the foreign national’s claim
for refugee protection was rejected or determined to be withdrawn — after substantive evidence was heard — or abandoned by the Refugee Protection Division or, if there was more than one such rejection or determination, the day on which the last one occurred, (B) the day on which the foreign national’s claim for refugee protection was rejected or determined to be withdrawn — after substantive evidence was heard — or abandoned by the Refugee Appeal Division or, if there was more than one such rejection or determination, the day on which the last one occurred, and (C) the day on which the Federal Court refused
the foreign national’s application for leave to commence an application for judicial review, or denied their application for judicial review, with respect to their claim for refugee protection. 304 The Act is amended by adding the following after section 87.3:
Applications for Temporary Resident Visas, Work Permits and Study Permits Order in council 87.31 (1) If the Governor in Council is of the opinion
that the government of a foreign state or the competent authority of any other territory is unreasonably refusing to issue or unreasonably delaying the issuance of travel documents to citizens or nationals of that country or territory who are in Canada, the Governor in Council may make an order specifying one or more of the following: (a) applications for temporary resident visas, work permits or study permits, or any combination of those types of applications, made by any citizen or national of that foreign state or territory are not to be accepted for processing if they are received during the period or periods set out in the order or, if a period is not set out, during the period that the order is in force; (b) the processing of any of those types of applications, or any combination of them, made by any citizen or national of that foreign state or territory that are pending on the coming into force of the order or, if amended, the amendment, is to be suspended during the period or periods set out in the order or, if a period
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is not set out, during the period that the order is in force; or (c) the processing of any of those types of applications, or any combination of them, made by any citizen or national of that foreign state or territory that are pending on the coming into force of the order or, if amended, the amendment, is to be terminated. Other elements of order (2) An order made under subsection (1) may (a) restrict the application of the order to applications, citizens or nationals within a class of applications, citizens or nationals that is specified in the order; (b) provide for the retention, return or other disposition of applications; (c) if the processing of applications is terminated, provide for the repayment of fees paid in respect of those applications; and (d) provide for any other matter arising out of or ancillary to the exercise of the power conferred under that subsection. Clarification (3) The fact that an application is retained, returned or
otherwise disposed of does not constitute a decision not to issue the visa or permit in relation to which the application is made. 305 (1) Subsection 100(1) of the Act is replaced by
the following: Referral to Refugee Protection Division 100 (1) An officer shall, after receipt of a claim referred to in subsection 99(3), determine whether the claim is eligible to be referred to the Refugee Protection Division and, if it is eligible, shall refer the claim in accordance with the rules of the Board. (2) Subsection 100(3) of the Act is replaced by the following:
Consideration of claim (3) The Refugee Protection Division may not consider a
claim until it is referred by the officer. 306 Subsection 101(1) of the Act is amended by adding the following after paragraph (c):
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(c.1) the claimant has, before making a claim for
refugee protection in Canada, made a claim for refugee protection to a country other than Canada, and the fact of its having been made has been confirmed in accordance with an agreement or arrangement entered into by Canada and that country for the purpose of facilitating information sharing to assist in the administration and enforcement of their immigration and citizenship laws; 307 (1) The portion of subsection 104(1) of the
Act before paragraph (b) is replaced by the following: Notice of ineligible claim 104 (1) An officer may, with respect to a claim that is before the Refugee Protection Division or, in the case of paragraph (a.1) or (d), that is before or has been determined by the Refugee Protection Division or the Refugee Appeal Division, give notice that an officer has determined that (a) the claim is ineligible under paragraphs 101(1)(a)
to (e), other than paragraph 101(1)(c.1); (a.1) the
claim
is
ineligible
under
paragraph
101(1)(c.1); (2) Paragraph 104(2)(a) of the Act is replaced by the following: (a) if given under paragraph (1)(a), (b) or (c), it terminates pending proceedings in the Refugee Protection Division respecting the claim; (a.1) if given under paragraph (1)(a.1), it terminates pending proceedings in the Refugee Protection Division or, in the case of an appeal made by the claimant, the Refugee Appeal Division, respecting the claim; and 2012, c. 17, s. 38(1)
308 (1) Paragraph 112(2)(b.1) of the Act is amended by replacing “since their claim for refugee protection was last rejected — unless it was deemed to be rejected under subsection 109(3) or was rejected on the basis of section E or F of Article 1 of the Refugee Convention — or determined to be withdrawn or abandoned by the Refugee Protection Division or the Refugee Appeal Division;” with the following:
since (i) the day on which their claim for refugee protection was rejected — unless it was deemed to be rejected under subsection 109(3) or was rejected on
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the basis of section E or F of Article 1 of the Refugee Convention — or determined to be withdrawn or abandoned by the Refugee Protection Division, in the case where no appeal was made and no application was made to the Federal Court for leave to commence an application for judicial review, or (ii) in any other case, the latest of (A) the day on which their claim for refugee protection was rejected — unless it was deemed to be rejected under subsection 109(3) or was rejected on the basis of section E or F of Article 1 of the Refugee Convention — or determined to be withdrawn or abandoned by the Refugee Protection Division or, if there was more than one such rejection or determination, the day on which the last one occurred, (B) the day on which their claim for refugee protection was rejected — unless it was rejected on the basis of section E or F of Article 1 of the Refugee Convention — or determined to be withdrawn or abandoned by the Refugee Appeal Division or, if there was more than one such rejection or determination, the day on which the last one occurred, and (C) the day on which the Federal Court refused their application for leave to commence an application for judicial review, or denied their application for judicial review, with respect to their claim for refugee protection, unless that claim was deemed to be rejected under subsection 109(3) or was rejected on the basis of section E or F of Article 1 of the Refugee Convention; or 2012, c. 17, s. 84(3)
(2) Paragraph 112(2)(c) of the Act is amended by
replacing “since their last application for protection was rejected or determined to be withdrawn or abandoned by the Refugee Protection Division or the Minister.” with the following: since (i) the day on which their application for protection
was rejected or determined to be withdrawn or abandoned by the Minister, in the case where no application was made to the Federal Court for leave to commence an application for judicial review, or (ii) in any other case, the later of (A) the day on which their application for protection was rejected or determined to be
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withdrawn or abandoned by the Minister or, if there was more than one such rejection or determination, the day on which the last one occurred, and (B) the day on which the Federal Court refused
their application for leave to commence an application for judicial review, or denied their application for judicial review, with respect to their application for protection. 308.1 The Act is amended by adding the following after section 113: Mandatory hearing 113.01 Unless the application is allowed without a hearing, a hearing must, despite paragraph 113(b), be held in the case of an applicant for protection whose claim for refugee protection has been determined to be ineligible solely under paragraph 101(1)(c.1).
Transitional Provisions Prior claim for refugee protection made to another country 309 If a Bill introduced in the 1st session of the
42nd Parliament and entitled the Budget Implementation Act, 2019, No. 1 receives royal assent, paragraph 101(1)(c.1) of the Immigration and Refugee Protection Act (a) does not apply to a claim for refugee protection made before the day on which the Bill is introduced; and (b) applies to a claim for refugee protection
made during the period beginning on the day on which the Bill is introduced and ending on the day on which it receives royal assent, unless, as of the day on which it receives royal assent, substantive evidence has been heard by the Refugee Protection Division in respect of the claim or that Division has allowed the claim without a hearing.
Coordinating Amendments 2010, c. 8
310 On the first day on which both subsection
15(1) of the Balanced Refugee Reform Act and subsection 302(1) of this Act are in force, (a) subsection 24(3.1) of the Immigration and Refugee Protection Act is replaced by the following:
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Restriction — pending application for protection (3.1) A foreign national whose claim for refugee protection has been determined to be ineligible to be referred to the Refugee Protection Division may not request a temporary resident permit if they have made an application for protection to the Refugee Protection Division or the Minister that is pending. (b) paragraph 25(1.2)(b.1) of the Immigration and Refugee Protection Act is replaced by the following: (b.1) the foreign national made a claim for refugee
protection that was determined to be ineligible to be referred to the Refugee Protection Division and they made an application for protection to the Refugee Protection Division or the Minister that is pending; or (c) subparagraph 112(2)(c)(i) of the Immigration and Refugee Protection Act is replaced by the following: (i) the day on which their application for protection
was rejected or determined to be withdrawn or abandoned by the Refugee Protection Division or the Minister, in the case where no application was made to the Federal Court for leave to commence an application for judicial review, or (d) clause 112(2)(c)(ii)(A) of the Immigration
and Refugee Protection Act is replaced by the following: (A) the day on which their application for protection was rejected or determined to be withdrawn or abandoned by the Refugee Protection Division or the Minister or, if there was more than one such rejection or determination, the day on which the last one occurred, and (e) section 113.01 of the Immigration and Refugee Protection Act is replaced by the following:
Mandatory hearing 113.01 Unless the application is allowed without a hearing, a hearing must, despite paragraphs 113(b.1) and (b.3), be held in the case of an applicant for protection whose claim for refugee protection has been determined to be ineligible solely under paragraph 101(1)(c.1).
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DIVISION 17 R.S., c. F-7; 2002, c. 8, s. 14
Federal Courts Act 2010, c. 8, s. 41; 2018, c. 12, s. 304
311 Subsection 5.1(1) of the Federal Courts Act is replaced by the following:
Constitution of Federal Court 5.1 (1) The Federal Court consists of a chief justice called the Chief Justice of the Federal Court, who is the president of the Federal Court, an associate chief justice called the Associate Chief Justice of the Federal Court and 39 other judges.
DIVISION 18 R.S., c. N-11
National Housing Act 1999, c. 27, s. 8
312 Section 57 of the National Housing Act is replaced by the following:
Owner-occupier loans, etc. 57 (1) The Corporation may make loans and contributions in respect of housing projects occupied or intended to be occupied by the owner of the project, acquire an interest or right in such a housing project, make an investment in order to acquire such an interest or right, make loans to refinance debt that, in the opinion of the Corporation, relates to such a housing project, and forgive amounts owing on those loans.
Terms and conditions (2) The Corporation may, with the approval of the Minister of Finance, determine the terms and conditions on which it makes a loan, contribution or investment, acquires an interest or right or forgives an amount under subsection (1).
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DIVISION 19
National Housing Strategy Act Enactment of Act Enactment 313 The National Housing Strategy Act is enacted as follows:
An Act respecting a national housing strategy Preamble Whereas housing is essential to the inherent dignity and well-being of the person and to building sustainable and inclusive communities as well as a strong national economy in which the people of Canada can prosper and thrive;
Whereas access to affordable housing contributes to achieving beneficial social, economic, health and environmental outcomes; Whereas improved housing outcomes are best achieved through cooperation between governments and civil society as well as the meaningful involvement of local communities; Whereas national goals, timelines and initiatives relating to housing and homelessness are essential to improving the quality of life of the people of Canada, particularly persons in greatest need; Whereas a national housing strategy would support a common vision, key principles and a coordinated approach to achieving improved housing outcomes; Whereas a national housing strategy would contribute to meeting the Sustainable Development Goals of the United Nations; And whereas a national housing strategy would support the progressive realization of the right to adequate housing as recognized in the International Covenant on Economic, Social and Cultural Rights, to which Canada is a party;
Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
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Short Title Short title 1 This Act may be cited as the National Housing Strategy Act.
Interpretation Definition of Minister 2 In this Act, Minister means the Minister designated
under section 3.
Designation of Minister Order 3 The Governor in Council may, by order, designate a
member of the Queen’s Privy Council for Canada as the Minister for the purposes of this Act.
Housing Policy Declaration Declaration 4 It is declared to be the housing policy of the Government of Canada to (a) recognize that the right to adequate housing is a fundamental human right affirmed in international law; (b) recognize that housing is essential to the inherent
dignity and well-being of the person and to building sustainable and inclusive communities; (c) support improved housing outcomes for the people of Canada; and (d) further the progressive realization of the right to adequate housing as recognized in the International Covenant on Economic, Social and Cultural Rights.
National Housing Strategy Development and maintenance 5 (1) The Minister must develop and maintain a national housing strategy to further the housing policy, taking
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into account key principles of a human rights-based approach to housing. Content (2) The National Housing Strategy is to, among other things, (a) set out a long-term vision for housing in Canada that recognizes the importance of housing in achieving social, economic, health and environmental goals; (b) establish national goals relating to housing and
homelessness and identify related priorities, initiatives, timelines and desired outcomes; (c) focus on improving housing outcomes for persons
in greatest need; and (d) provide for participatory processes to ensure the ongoing inclusion and engagement of civil society, stakeholders, vulnerable groups and persons with lived experience of housing need, as well as those with lived experience of homelessness.
National Housing Council Duties and functions 6 (1) A council, to be known as the National Housing
Council, is established for the purpose of furthering the housing policy and the National Housing Strategy by (a) providing advice to the Minister, on its own initiative or at the request of the Minister, including, among other things, on the effectiveness of the National Housing Strategy; and (b) undertaking any other activity that the Minister specifies.
Membership (2) The Council is composed of two co-chairpersons and not fewer than 9, but not more than 15, other members.
Ex officio members 7 The ex officio members of the National Housing Council are (a) the Federal Housing Advocate, appointed under section 14; (b) the Deputy Minister of the department for which the Minister is responsible;
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(c) the Deputy Minister of Indigenous Services; and (d) the President of the Canada Mortgage and Housing Corporation, appointed under subsection 7(1) of the Canada Mortgage and Housing Corporation Act.
Appointment of other members 8 (1) The other members of the National Housing Council are to be appointed by the Minister to hold office during pleasure for a term, not exceeding three years, that will ensure, as far as possible, the expiry in any one year of the terms of office of not more than one half of the members who are appointed by the Minister.
Further term (2) The members of the Council who are appointed by
the Minister are eligible to be reappointed for one further term. Factors to consider (3) In appointing members, the Minister is to take into consideration the importance of representation on the Council of (a) persons who are members of vulnerable groups; (b) persons with lived experience of housing need, as
well as those with lived experience of homelessness; (c) persons who reflect the diversity of Canadian society; and (d) persons who have expertise in human rights.
Part-time (4) The members of the Council who are appointed by the Minister perform their duties and functions on the Council on a part-time basis.
Remuneration and other expenses (5) The members of the Council who are appointed by the Minister are to be paid the remuneration that may be fixed by the Minister and are entitled to be reimbursed, in accordance with Treasury Board directives, for the travel, living and other expenses incurred in connection with their work while absent from their ordinary place of residence.
Federal public administration (6) The members of the Council who are appointed by
the Minister are deemed to be employed in the federal
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public administration for the purposes of the Government Employees Compensation Act and for the purposes of any regulations made under section 9 of the Aeronautics Act. Ex officio co-chairperson 9 (1) The President of the Canada Mortgage and Housing Corporation is the ex officio co-chairperson of the National Housing Council. Designation of other co-chairperson (2) The Minister must designate the other co-chairperson from among the members of the Council who are appointed by the Minister. Co-chairperson absent or unable to act (3) If the co-chairperson designated under subsection (2) is absent or unable to act, the Minister may designate another person from among the members of the Council who are appointed by the Minister to act as that co-chairperson.
Duties of co-chairpersons (4) The co-chairpersons have supervision over and direction of the work of the Council. Alternate ex officio co-chairperson 10 (1) The President of the Canada Mortgage and Housing Corporation may designate in writing an alternate to perform his or her duties and functions in respect of the National Housing Council and that alternate is considered to be a co-chairperson of the Council. Alternate ex officio member (2) Each ex officio member, other than the Federal
Housing Advocate, may designate an alternate to perform his or her duties and functions in respect of the Council. That alternate is considered to be a member of the Council. Meetings 11 (1) The National Housing Council must meet four
times each year or as the Minister may specify.
Means of telecommunication (2) A meeting may be held by any means of telecommunication that allows the members to communicate with each other during the meeting. Administrative support 12 The Canada Mortgage and Housing Corporation is to provide the National Housing Council with any
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administrative services and facilities that are necessary to assist the Council in performing its duties and functions.
Federal Housing Advocate Duties and functions 13 There is to be a Federal Housing Advocate whose
mandate is to (a) monitor the implementation of the housing policy
and assess its impact on persons who are members of vulnerable groups, persons with lived experience of housing need and persons with lived experience of homelessness; (b) monitor progress in meeting the goals and timelines — and in achieving the desired outcomes — set out in the National Housing Strategy; (c) analyze and conduct research, as the Advocate sees fit, on systemic housing issues, including barriers faced by persons referred to in paragraph (a); (d) initiate studies, as the Advocate sees fit, into economic, institutional or industry conditions — respecting matters over which Parliament has jurisdiction — that affect the housing system; (e) consult with persons referred to in paragraph (a)
and civil society organizations with respect to systemic housing issues; (f) receive submissions with respect to systemic housing issues; (g) provide advice to the Minister; (h) submit a report to the Minister on the Advocate’s findings and any recommendations to take measures respecting matters over which Parliament has jurisdiction, to further the housing policy, including the progressive realization of the right to adequate housing, and the National Housing Strategy; and (i) participate in the work of the National Housing Council as an ex officio member.
Submissions – power to review issues 13.1 (1) The Federal Housing Advocate may conduct a review of any systemic housing issue that is raised in a submission received under paragraph 13(f).
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Submissions – power to request establishment of review panel (2) The Federal Housing Advocate may request that the
National Housing Council establish a review panel to hold a hearing to review any systemic housing issue within the jurisdiction of Parliament that is raised in a submission received under paragraph 13(f).
Notice (3) The Federal Housing Advocate must inform the person or group that presented the submission whether or not any action will be taken under subsection (1) or (2).
Report (4) If the Federal Housing Advocate conducts a review of the systemic housing issue, he or she must, at the conclusion of the review, provide the Minister and the person or group that presented the submission with a report setting out the Advocate’s opinion on the issue and any recommendation to take measures — respecting matters over which Parliament has jurisdiction — to further the housing policy, including the progressive realization of the right to adequate housing, or the National Housing Strategy.
Power to request establishment of review panel 13.2 (1) If the Federal Housing Advocate, at any time, identifies a systemic housing issue that is within the jurisdiction of Parliament and that is not the subject of a submission, he or she may request that the National Housing Council establish a review panel to hold a hearing to review the issue.
Summary of information (2) The Federal Housing Advocate must provide a review panel with a summary of the information that formed the Advocate’s basis for identifying the systemic housing issue.
Appointment 14 (1) The Federal Housing Advocate is to be appointed
by the Governor in Council to hold office during pleasure for a term of not more than three years. Further term (2) The term may be renewed for one further term.
Advocate absent or unable to act (3) If the Federal Housing Advocate is absent or unable
to act, the Minister may designate another person to act
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as the Federal Housing Advocate, but that person may act for a period of more than 90 days only with the approval of the Governor in Council. Full-time (4) The Federal Housing Advocate performs his or her duties and functions on a full-time basis.
Remuneration and other expenses (5) The Federal Housing Advocate is to be paid the remuneration fixed by the Governor in Council and is entitled to be reimbursed in accordance with Treasury Board directives for the travel, living and other expenses incurred in connection with his or her work while absent from his or her ordinary place of work. Federal public administration (6) The Federal Housing Advocate is deemed to be employed in the public service for the purposes of the Public Service Superannuation Act and to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and for the purposes of any regulations made under section 9 of the Aeronautics Act.
Administrative support 15 (1) The Canadian Human Rights Commission is to provide the Federal Housing Advocate with any administrative services and facilities that are necessary to assist the Advocate in performing his or her duties and functions.
Contractual assistance (2) The Commission may, for the purposes of subsection (1), enter into contracts for the services of persons to assist the Advocate in performing his or her duties and functions.
Annual report 16 (1) The Federal Housing Advocate must, within 30
days after the end of each fiscal year, submit a report to the Minister for that year that (a) provides a summary of his or her activities, any submissions received, the results of the consultations and of any analysis, research and study; and (b) contains recommended measures — respecting matters over which Parliament has jurisdiction and that take into account the housing policy — to address systemic housing issues.
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Tabling in Parliament (2) The Minister must cause the report to be laid before each House of Parliament on any of the first 30 days after the Minister receives the report or, if either House is not sitting on the last day of that period, on any of the first 15 days on which that House of Parliament is sitting.
Publication (3) The Federal Housing Advocate may publish the report only after the report is laid before each House of Parliament.
Review Panels Obligation to establish review panel 16.1 The National Housing Council must establish a review panel if requested to do so by the Federal Housing Advocate. Membership 16.2 (1) A review panel is to consist of three members
of the National Housing Council, other than ex officio members, to be appointed by the National Housing Council. Factors to consider (2) In appointing members to a review panel, the National Housing Council is to take into consideration the importance of representation on the review panel of (a) persons who are members of vulnerable groups; (b) persons with lived experience of housing need, as well as those with lived experience of homelessness; and (c) persons who have expertise in human rights.
Duties 16.3 A review panel must (a) hold a hearing to review the systemic housing
issue in respect of which it was established; (b) hold the hearing in a manner that offers the public, particularly members of communities that are affected by the issue and groups that have expertise in human rights and housing, an opportunity to participate; (c) prepare a report that sets out the panel’s opinion on the issue and any recommendation to take
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measures — respecting matters over which Parliament has jurisdiction — to address the issue; and (d) submit the report to the Minister.
Representations 16.4 The Federal Housing Advocate is entitled to make
representations and present proposals for recommendations to a review panel and may, for the purpose of doing so, work with communities that are affected by the issue that is before the review panel and with experts.
Accountability Minister’s response 17 (1) The Minister must respond to the annual report of the Federal Housing Advocate.
Tabling of response (2) The Minister must cause the response to be tabled in
each House of Parliament on any of the first 120 days after the Minister has caused the annual report to be tabled in both Houses of Parliament or, if either House is not sitting on the last day of that period, on any of the first 15 days on which that House of Parliament is sitting. Minister’s response to Advocate’s reports 17.1 The Minister must respond to each report provided
by the Federal Housing Advocate under paragraph 13(h) and subsection 13.1(4) within 120 days after the day on which it is received. Minister’s response to review panel reports 17.2 (1) The Minister must respond to a report submitted by a review panel under paragraph 16.3(d) within 120 days after the day on which it is received.
Tabling in Parliament (2) The Minister must cause the response to be laid before each House of Parliament on any of the first 30 days after the day on which it is provided to the review panel or, if either House is not sitting on the last day of that period, on any of the first 15 days on which that House of Parliament is sitting.
Triennial report 18 (1) The Minister must, before March 31, 2021 and
within every three years after that date, cause a report to be made on the effectiveness of the National Housing Strategy, with respect to the achievement of the desired
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outcomes, and the initiatives related to its implementation. Tabling in Parliament (2) The Minister must cause the report to be laid before each House of Parliament on any of the first 30 days on which that House is sitting after the report is made.
Coming into Force Order in council 314 This Division comes into force on a day to be
fixed by order of the Governor in Council.
DIVISION 20
Poverty Reduction Act Enactment of Act Enactment 315 The Poverty Reduction Act, whose text is as
follows and whose schedule is set out in Schedule 4 to this Act, is enacted: An Act respecting the reduction of poverty Preamble Whereas Canada aspires to be a world leader in the eradication of poverty;
Whereas poverty reduction contributes to meeting Canada’s international human rights obligations, including under the International Covenant on Economic, Social and Cultural Rights, the Convention on the Rights of the Child, the Convention on the Rights of Persons with Disabilities and the Convention on the Elimination of All Forms of Discrimination against Women; And whereas the progress made by Canada in the reduction of poverty contributes to meeting the Sustainable Development Goals of the United Nations;
Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
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Short Title Short title 1 This Act may be cited as the Poverty Reduction Act.
Interpretation Definitions 2 The following definitions apply in this Act.
Council means the National Advisory Council on Poverty established under section 9. (Conseil) Minister means the member of the Queen’s Privy Council for Canada designated under section 4. (ministre) Official Poverty Line means the Market Basket Measure, as published by Statistics Canada under the authority of the Statistics Act. (seuil officiel de la pauvreté)
Purpose Purpose 3 The purpose of the Act is to support continuous efforts
in, and continuous monitoring of, poverty reduction in Canada.
Designation of Minister Order in council 4 The Governor in Council may, by order, designate a
member of the Queen’s Privy Council for Canada to be the Minister for the purposes of this Act.
Poverty Reduction Strategy Strategy development and implementation 5 The Minister must develop and implement a poverty
reduction strategy.
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Targets Poverty reduction targets 6 The targets for poverty reduction in Canada to which
the Government of Canada aspires are the following: (a) 20% below the level of poverty in 2015 by 2020; and (b) 50% below the level of poverty in 2015 by 2030.
Official Poverty Line and Other Metrics Official metric 7 (1) The Official Poverty Line is Canada’s official metric to measure the level of poverty in Canada and to assess progress in meeting the targets set out in section 6.
Review (2) The Official Poverty Line is to be reviewed, on a regular basis as determined by Statistics Canada, to ensure that it reflects the up-to-date cost of a basket of goods and services representing a modest, basic standard of living in Canada. Other metrics 8 (1) The metrics set out in the schedule are to be used, in addition to the Official Poverty Line, to measure the level of poverty in Canada.
Amendment of schedule (2) The Governor in Council may, by order, amend the schedule by adding or deleting a metric.
National Advisory Council on Poverty Establishment 9 (1) A council is established, to be known as the National Advisory Council on Poverty, consisting of 8 to 10 members, including a Chairperson and a member with particular responsibilities for children’s issues.
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Deputy Minister — ex officio member (2) The Deputy Minister of the department for which the
Minister is responsible is ex officio a member of the Council. Appointment of other members (3) The members of the Council, other than the ex officio
member, are to be appointed by the Governor in Council to hold office during pleasure for a term not exceeding three years and are eligible for reappointment on the expiry of a first or subsequent term of office. Full-time or part-time membership (4) The Chairperson is to be appointed as a full-time
member and the other members are to be appointed as either full-time members or part-time members. Chairperson’s role (5) The Chairperson has supervision over and direction
of the work of the Council. Chairperson absent or unable to act (6) If the Chairperson is absent or unable to act or if the
office of Chairperson is vacant, the Minister may designate another member of the Council to act as Chairperson, but that member may act as Chairperson for a period of more than 90 days only with the approval of the Governor in Council. Remuneration (7) The members of the Council, other than the ex officio
member, are to be paid, in connection with their work for the Council, the remuneration that may be fixed by the Governor in Council. Travel and living expenses (8) The members of the Council are entitled to be reimbursed for the travel, living and other expenses incurred, in connection with their work for the Council, while absent from, in the case of full-time members, their ordinary place of work or, in the case of part-time members, their ordinary place of residence.
Deemed employment (9) The members of the Council are deemed to be employees for the purposes of the Government Employees Compensation Act and to be employed in the federal public administration for the purposes of any regulations made under section 9 of the Aeronautics Act. Full-time members are also deemed to be employed in the public service for the purposes of the Public Service Superannuation Act.
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Functions 10 The Council must (a) provide advice to the Minister on poverty reduction in Canada, including with respect to programs, funding and activities that support poverty reduction; (b) undertake consultations with the public, including
the academic community and other experts, Indigenous persons and persons with lived experience in poverty; (c) within six months after the end of each fiscal year, submit a report to the Minister (i) on the progress being made in meeting the targets referred to in section 6 and the progress being made in poverty reduction measured by, among other things, the metrics set out in the schedule, and (ii) on the advice that the Council provided to the Minister under paragraph (a) during the fiscal year; and (d) undertake any activity specified by the Minister.
Dissolution of Council 11 The Governor in Council may, by order, dissolve the
Council, on the recommendation of the Minister made after the Minister is of the opinion that the level of poverty in Canada has been reduced by 50% below the level of poverty in 2015.
Tabling of Report in Parliament Minister’s duty 12 The Minister must cause the report referred to in paragraph 10(c) to be tabled in each House of Parliament on any of the first 15 days on which that House is sitting after the Minister receives the report.
Repeal Repeal 316 The Poverty Reduction Act, section 687 of
chapter 27 of the Statutes of Canada, 2018, is repealed.
Coming into Force Order in council 317 Sections 9 to 12 of the Poverty Reduction Act, as enacted by section 315 of this Act, come
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into force on a day to be fixed by order of the Governor in Council.
DIVISION 21 2005, c. 21; 2017, c. 20, s. 270
Veterans Well-being Act Amendments to the Act 318 The Veterans Well-being Act is amended by
adding the following before section 5.2:
Definitions 5.11 The following definitions apply in this Part.
regular force has the same meaning as in subsection 2(1) of the National Defence Act. (force régulière) reserve force has the same meaning as in subsection 2(1) of the National Defence Act. (force de réserve) Supplementary Reserve has the meaning assigned by article 2.034 of the Queen’s Regulations and Orders for the Canadian Forces. (Réserve supplémentaire) veteran means a former member or a member of the Supplementary Reserve. (vétéran)
2017, c. 20, s. 274
319 (1) Paragraph 5.2(1)(b) of the Act is replaced
by the following: (b) was honourably released from the Canadian Forces on or after April 1, 2006 or was transferred from the regular force or another subcomponent of the reserve force to the Supplementary Reserve on or after that date. 2017, c. 20, s. 274
(2) Subsection 5.2(3) of the Act is repealed.
2017, c. 20, s. 274
320 Section 5.6 of the Act is replaced by the following:
No payment to member 5.6 For greater certainty, the Minister is not permitted to pay an education and training benefit to a person who is a member unless that person is a member of the Supplementary Reserve.
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2017, c. 20, s. 274
321 Subsection 5.9(1) of the Act is replaced by the following:
Duration of benefit 5.9 (1) An education and training benefit ceases to be
payable to a veteran on the day after the 10th anniversary of the later of (a) the day on which the veteran was last honourably
released from the regular force or from a subcomponent of the reserve force other than the Supplementary Reserve; and (b) the day on which the veteran was last transferred
to the Supplementary Reserve. Exception — minimum period (1.1) Despite subsection (1), (a) an education and training benefit is payable until at least April 1, 2028 to a veteran who is eligible for the benefit on April 1, 2018; and (b) an education and training benefit is payable until at least July 5, 2029 to a veteran who is a member of the Supplementary Reserve on July 5, 2019.
Exception — release from Supplementary Reserve (1.2) Despite subsection (1), an education and training
benefit is payable until at least the 10th anniversary of the day on which a veteran was honourably released from the Supplementary Reserve if the veteran was honourably released from the Supplementary Reserve during the period beginning on April 1, 2018 and ending on July 4, 2019.
Coming into Force July 5, 2019 322 This Division comes into force or is deemed
to have come into force on July 5, 2019.
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DIVISION 22
Student Loans R.S., c. S-23
Canada Student Loans Act 1993, c. 12, s. 3
323 (1) Paragraph 4(2)(b) of the Canada Student
Loans Act is replaced by the following: (b) any subsequent period ending on the last day of
the sixth month after the month in which the borrower ceases to be a full-time student. 1993, c. 12, s. 3
(2) Subsection 4(4) of the Act is replaced by the
following: Idem (4) Despite subsection (1) but subject to the regulations,
if a borrower has ceased to be a full-time student as described in that subsection and subsequently becomes a full-time student again, no interest is payable by the borrower on a guaranteed student loan made before August 1, 1993 and consolidated after that day in respect of the period commencing on the prescribed day and ending on the last day of the sixth month after the month in which the borrower again ceases to be a full-time student. 324 The Act is amended by adding the following after section 22:
Transitional Provisions Interest-free period — loan made on or after August 1, 1993 22.1 (1) If a borrower ceased to be a full-time student at
any time during the six months before the day on which section 323 of the Budget Implementation Act, 2019, No. 1 comes into force, no interest is payable by them on a guaranteed student loan referred to in subsection 4(2) for the period that begins on that day and ends on the last day of the sixth month after the month in which the borrower ceased to be a full-time student. Interest-free period — loan consolidated after August 1, 1993 (2) If a borrower referred to in subsection 4(4) ceased to
be a full-time student at any time during the six months before the day on which section 323 of the Budget Implementation Act, 2019, No. 1 comes into force, no interest
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is payable by them on a guaranteed student loan referred to in that subsection for the period that begins on that day and ends on the last day of the sixth month after the month in which the borrower ceased to be a full-time student.
Repeal 1994, c. 28
Canada Student Financial Assistance Act 2011, c. 15, s. 18(1)
325 Paragraphs 7(1)(a) and (b) of the Canada Student Financial Assistance Act are replaced by the following: (a) in the case of a student loan that is made to a fulltime student, the last day of the sixth month after the month in which the borrower ceases to be a full-time student; and (b) in the case of a student loan that is made to a parttime student, the last day of the sixth month after the month in which the borrower ceases to be a student, whether a part-time or full-time student. 326 The Act is amended by adding the following after section 20:
Transitional Provisions Interest-free period — loan to full-time student 20.1 (1) If a borrower ceased to be a full-time student at
any time during the six months before the day on which section 325 of the Budget Implementation Act, 2019, No. 1 comes into force, no interest is payable by them on a student loan referred to in paragraph 7(1)(a) for the period that begins on that day and ends on the last day of the sixth month after the month in which the borrower ceased to be a full-time student. Interest-free period — loan to part-time student (2) If a borrower ceased to be a student, whether a parttime or full-time student, at any time during the six months before the day on which section 325 of the Budget Implementation Act, 2019, No. 1 comes into force, no interest is payable by them on a student loan referred to in paragraph 7(1)(b) for the period that begins on that day and ends on the last day of the sixth month after the month in which the borrower ceased to be a student, whether a part-time or full-time student.
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Coming into Force November 1, 2019 327 This Division comes into force on November 1, 2019.
DIVISION 23 2000, c. 32
Canada National Parks Act Amendments to the Act 2014, c. 35, s. 2
328 The portion of subsection 24(2) of the Canada National Parks Act before paragraph (a) is replaced by the following:
Offence (2) Every person who contravenes any provision of the regulations other than a provision designated by regulations made under paragraph 16(1)(y), any of subsections 41.5(3) to (5), any condition of a permit, licence or other authorizing instrument issued under the regulations or under subsection 41.1(3) or (4) or 41.4(2) or (3) or any order or direction given by a superintendent, park warden or enforcement officer under subsection 41.1(3) or (4) or 41.4(2) or (3) is guilty of an offence and liable
2014, c. 35, s. 3
329 Section 39 of the Act is replaced by the following: Application of Act 39 Subject to sections 40 to 41.5, this Act applies to a park reserve as if it were a park. 330 The Act is amended by adding the following after section 41.4:
Thaidene Nene National Park Reserve of Canada 41.5 (1) Subject to subsections (3) to (5) and to any regulations made under paragraph 17(1)(f) in relation to Thaidene Nene National Park Reserve of Canada, a person may, in public lands in the park reserve, carry on activities described in the agreement between the Government of Canada and the Government of the Northwest Territories in relation to the transfer of administration and control of the lands for the establishment of the park reserve.
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Non-application of regulations (2) The following provisions do not apply in respect of
the activities referred to in subsection (1): (a) section 21 of the National Parks General Regulations; (b) paragraph 41(1)(a) of the National Parks Highway Traffic Regulations; and (c) section 4 of the National Parks of Canada Fire
Protection Regulations. Aircraft access (3) No person shall conduct a take-off or landing of an
aircraft, as defined in subsection 3(1) of the Aeronautics Act, in public lands in Thaidene Nene National Park Reserve of Canada, unless that person holds a permit, as defined in section 1 of the National Parks of Canada Aircraft Access Regulations, that is issued in respect of the park reserve.
Fishing (4) No person shall fish in public lands in Thaidene Nene
National Park Reserve of Canada unless the fishing is for personal use and that person holds a fishing permit, as defined in section 2 of the National Parks of Canada Fishing Regulations, that is issued in respect of the park reserve.
Harvesting game (5) No person shall harvest game — including by hunting, within the meaning of section 26, any wild animal — in public lands in Thaidene Nene National Park Reserve of Canada unless (a) the person holds a special harvester licence issued under the Wildlife Act, S.N.W.T. 2013, c. 30 and complies with the terms and conditions of that licence, or (b) the person held a lease referred to in subsection
(7) immediately before the day on which this section comes into force and continues to hold that lease and holds a hunting licence issued under the Wildlife Act, S.N.W.T. 2013, c. 30 and complies with the terms and conditions of that licence.
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Superintendent’s powers, duties and functions (6) The Superintendent shall, in respect of the activities referred to in subsections (1) and (3) to (5), have regard to considerations of public health and safety and the sustainable use and conservation of Thaidene Nene National Park Reserve of Canada in the exercise of his or her powers and the performance of his or her duties and functions under the regulations made under this Act.
Continuation — leases (7) Existing leases relating to public lands in Thaidene Nene National Park Reserve of Canada are continued under this Act in accordance with their terms and conditions, which prevail over this Act to the extent of any inconsistency between them.
Renewals — leases (8) Those leases may be renewed in accordance with their terms and conditions. If a lease does not provide for its renewal, then it may be renewed in accordance with this Act.
Creation of park (9) For the purposes of subsections 5(1) and 6(2), leases
relating to public lands in Thaidene Nene National Park Reserve of Canada are deemed not to encumber or affect title to those lands, but if those lands become a park they continue in effect according to their terms and conditions.
Fuel caches (10) A person may store fuel at a location in public lands
in Thaidene Nene National Park Reserve of Canada that is designated by the Minister as a fuel cache.
Application to park (11) After any public lands in Thaidene Nene National
Park Reserve of Canada become a park, this section continues to apply in respect of those lands with any adaptations that may be necessary.
Accessibility of agreement (12) The Minister shall ensure that the agreement referred to in subsection (1) is accessible to the public. 331 Schedule 2 to the Act is amended by adding
the following after the description of Nahanni National Park Reserve of Canada:
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Thaidene Nene National Park Reserve of Canada In the Northwest Territories; In the vicinity of the East Arm of Great Slave Lake, All that parcel of land, and land covered by water, being more particularly described as follows: Commencing at a point at latitude 63°31′40″ North and longitude 107°31′12″ West; Thence easterly in a straight line to a point at latitude 63°31′34″ North and longitude 107°29′28″ West; Thence southerly in a straight line to a point at latitude 63°28′28″ North and longitude 107°27′50″ West; Thence southerly in a straight line to a point at latitude 63°25′52″ North and longitude 107°26′28″ West; Thence southeasterly in a straight line to a point at latitude 63°24′20″ North and longitude 107°23′32″ West; Thence southerly in a straight line to a point at latitude 63°22′32″ North and longitude 107°22′19″ West; Thence southerly in a straight line to a point at latitude 63°21′01″ North and longitude 107°22′53″ West; Thence westerly in a straight line to a point at latitude 63°20′27″ North and longitude 107°27′54″ West; Thence southerly in a straight line to a point at latitude 63°19′23″ North and longitude 107°27′34″ West; Thence southwesterly in a straight line to a point at latitude 63°18′20″ North and longitude 107°29′29″ West; Thence southerly in a straight line to a point at latitude 63°16′00″ North and longitude 107°29′40″ West; Thence southwesterly in a straight line to a point at latitude 63°13′00″ North and longitude 107°31′35″ West; Thence southwesterly in a straight line to a point at latitude 63°11′14″ North and longitude 107°33′15″ West; Thence westerly in a straight line to a point at latitude 63°10′48″ North and longitude 107°35′41″ West; Thence southwesterly in a straight line to a point at latitude 63°09′45″ North and longitude 107°37′34″ West; Thence southerly in a straight line to a point at latitude 63°08′04″ North and longitude 107°37′32″ West; Thence southwesterly in a straight line to a point at latitude 63°07′16″ North and longitude 107°40′51″ West; Thence southerly in a straight line to a point at latitude 63°05′42″ North and longitude 107°39′54″ West; Thence southwesterly in a straight line to a point at latitude 63°04′45″ North and longitude 107°42′40″ West;
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Thence southeasterly in a straight line to a point at latitude 63°02′38″ North and longitude 107°33′33″ West; Thence northeasterly in a straight line to a point at latitude 63°04′13″ North and longitude 107°27′08″ West; Thence easterly in a straight line to a point at latitude 63°04′05″ North and longitude 107°21′29″ West; Thence southerly in a straight line to a point at latitude 63°01′31″ North and longitude 107°20′10″ West; Thence southeasterly in a straight line to a point at latitude 62°59′48″ North and longitude 107°09′47″ West; Thence southeasterly in a straight line to a point at latitude 62°57′54″ North and longitude 107°08′24″ West; Thence southwesterly in a straight line to a point at latitude 62°55′10″ North and longitude 107°11′22″ West; Thence southeasterly in a straight line to a point at latitude 62°51′36″ North and longitude 106°51′46″ West; Thence easterly in a straight line to a point at latitude 62°51′30″ North and longitude 106°42′10″ West; Thence southeasterly in a straight line to a point at latitude 62°50′40″ North and longitude 106°36′22″ West; Thence southwesterly in a straight line to a point at latitude 62°42′28″ North and longitude 106°51′05″ West; Thence westerly in a straight line to a point at latitude 62°42′40″ North and longitude 107°02′20″ West; Thence northwesterly in a straight line to a point at latitude 62°44′08″ North and longitude 107°18′56″ West; Thence westerly in a straight line to a point at latitude 62°44′18″ North and longitude 107°26′17″ West; Thence southwesterly in a straight line to a point at latitude 62°42′25″ North and longitude 107°34′55″ West; Thence southwesterly in a straight line to a point at latitude 62°39′46″ North and longitude 107°38′54″ West; Thence southerly in a straight line to a point at latitude 62°36′03″ North and longitude 107°36′38″ West; Thence southeasterly in a straight line to a point at latitude 62°32′26″ North and longitude 107°31′14″ West; Thence southeasterly in a straight line to a point at latitude 62°30′19″ North and longitude 107°14′05″ West; Thence southeasterly in a straight line to a point at latitude 62°29′01″ North and longitude 107°09′42″ West; Thence southwesterly in a straight line to a point at latitude 62°26′31″ North and longitude 107°24′50″ West; Thence southwesterly in a straight line to a point at latitude 62°22′14″ North and longitude 107°38′32″ West; Thence southeasterly in a straight line to a point at latitude 62°19′45″ North and longitude 107°36′09″ West;
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Thence southwesterly in a straight line to a point at latitude 62°17′58″ North and longitude 107°40′01″ West; Thence southerly in a straight line to a point at latitude 62°16′45″ North and longitude 107°39′57″ West; Thence southwesterly in a straight line to a point at latitude 62°16′06″ North and longitude 107°41′22″ West; Thence westerly in a straight line to a point at latitude 62°16′01″ North and longitude 107°43′00″ West; Thence southwesterly in a straight line to a point at latitude 62°14′30″ North and longitude 107°46′15″ West; Thence southwesterly in a straight line to a point at latitude 62°13′22″ North and longitude 107°49′02″ West; Thence westerly in a straight line to a point at latitude 62°13′13″ North and longitude 107°54′31″ West; Thence northwesterly in a straight line to a point at latitude 62°21′16″ North and longitude 108°02′59″ West; Thence northwesterly in a straight line to a point at latitude 62°22′12″ North and longitude 108°08′48″ West; Thence southwesterly in a straight line to a point at latitude 62°14′10″ North and longitude 108°31′54″ West; Thence northwesterly in a straight line to a point at latitude 62°19′05″ North and longitude 108°53′24″ West; Thence southwesterly in a straight line to a point at latitude 62°09′53″ North and longitude 109°14′57″ West; Thence southwesterly in a straight line to a point at latitude 62°06′00″ North and longitude 109°32′57″ West; Thence northwesterly in a straight line to a point at latitude 62°09′50″ North and longitude 109°51′19″ West; Thence northerly in a straight line to a point at latitude 62°10′37″ North and longitude 109°51′12″ West; Thence northerly in a straight line to a point at latitude 62°13′02″ North and longitude 109°49′36″ West; Thence northwesterly in a straight line to a point at latitude 62°20′59″ North and longitude 110°03′46″ West; Thence northwesterly in a straight line to a point at latitude 62°25′58″ North and longitude 110°07′16″ West; Thence southwesterly in a straight line to a point at latitude 62°25′28″ North and longitude 110°09′36″ West; Thence northwesterly in a straight line to a point at latitude 62°25′45″ North and longitude 110°10′37″ West; Thence northwesterly in a straight line to a point at latitude 62°26′25″ North and longitude 110°11′20″ West; Thence northwesterly in a straight line to a point at the intersection of latitude 62°27′00″ North and the ordinary high water mark on the eastern shore of Stark Lake, at approximate longitude 110°14′21″ West;
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Thence northwesterly in a straight line through the midpoint of a channel in Stark Lake, said channel at approximate latitude 62°27′14″ North and approximate longitude 110°15′12″ West, and projecting said line to the intersection with a line 100 metres perpendicularly distant from the ordinary high water mark on the western shore of the land north of said channel, at approximate latitude 62°27′16″ North and approximate longitude 110°15′20″ West; Thence generally northerly, westerly and southwesterly along the sinuosities of a line running 100 metres perpendicularly distant offshore from the ordinary high water mark of Stark Lake, to the intersection of said line with longitude 110°38′25″ West, at approximate latitude 62°27′31″ North; Thence northwesterly in a straight line to a point at latitude 62°29′08″ North and longitude 110°41′02″ West in Christie Bay, Great Slave Lake; Thence westerly in a straight line to a point at latitude 62°29′12″ North and longitude 110°43′25″ West; Thence northeasterly in a straight line to a point at latitude 62°30′29″ North and longitude 110°41′59″ West; Thence northwesterly in a straight line to a point at latitude 62°31′41″ North and longitude 110°46′33″ West; Thence westerly in a straight line to a point at latitude 62°31′13″ North and longitude 110°52′24″ West; Thence northerly in a straight line to a point at latitude 62°36′37″ North and longitude 110°50′54″ West; Thence northeasterly in a straight line to a point at latitude 62°39′31″ North and longitude 110°38′02″ West; Thence northerly in a straight line to a point at the intersection of longitude 110°32′16″ West and the ordinary high water mark on the northerly shore of Kahochella Peninsula, at approximate latitude 62°49′30″ North; Thence northeasterly in a straight line an approximate distance of 1948 metres to the intersection of latitude 62°49′48″ North and a line 100 metres perpendicularly distant offshore from the ordinary high water mark on the northern shore of Kahochella Peninsula, at approximate longitude 110°30′04″ West; Thence generally easterly and southeasterly along the sinuosities of the lastly described line to a point at the intersection with longitude 109°18′07″ West, at approximate latitude 62°43′11″ North; Thence northeasterly in a straight line to a point at latitude 62°48′00″ North and longitude 109°01′59″ West; Thence northwesterly in a straight line to a point at latitude 62°50′06″ North and longitude 109°12′51″ West; Thence northeasterly in a straight line to a point at latitude 62°55′31″ North and longitude 108°55′13″ West;
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Thence northerly in a straight line to a point at latitude 62°56′41″ North and longitude 108°54′33″ West; Thence northeasterly in a straight line to a point at latitude 62°57′00″ North and longitude 108°51′56″ West; Thence northerly in a straight line to a point at latitude 62°58′17″ North and longitude 108°52′20″ West; Thence northeasterly in a straight line to a point at latitude 62°58′30″ North and longitude 108°51′22″ West; Thence northwesterly in a straight line to a point at latitude 62°59′22″ North and longitude 108°52′15″ West; Thence northeasterly in a straight line to a point at latitude 62°59′51″ North and longitude 108°51′24″ West; Thence northeasterly in a straight line to a point at latitude 63°00′21″ North and longitude 108°47′10″ West; Thence southeasterly in a straight line to a point at latitude 62°59′09″ North and longitude 108°44′13″ West; Thence easterly in a straight line to a point at latitude 62°58′47″ North and longitude 108°41′28″ West; Thence northerly in a straight line to a point at latitude 62°59′47″ North and longitude 108°40′50″ West; Thence easterly in a straight line to a point at latitude 62°59′53″ North and longitude 108°37′48″ West; Thence northerly in a straight line to a point at latitude 63°02′49″ North and longitude 108°38′18″ West; Thence northeasterly in a straight line to a point at latitude 63°04′10″ North and longitude 108°33′03″ West; Thence easterly in a straight line to a point at latitude 63°03′31″ North and longitude 108°29′03″ West; Thence northeasterly in a straight line to a point at latitude 63°04′25″ North and longitude 108°27′41″ West; Thence easterly in a straight line to a point at latitude 63°04′32″ North and longitude 108°23′31″ West; Thence northerly in a straight line to a point at latitude 63°08′05″ North and longitude 108°21′20″ West; Thence northeasterly in a straight line to a point at latitude 63°09′19″ North and longitude 108°17′35″ West; Thence southeasterly in a straight line to a point at latitude 63°08′44″ North and longitude 108°14′07″ West; Thence northeasterly in a straight line to a point at latitude 63°10′48″ North and longitude 108°09′06″ West; Thence northerly in a straight line to a point at latitude 63°13′03″ North and longitude 108°10′41″ West; Thence northeasterly in a straight line to a point at latitude 63°13′41″ North and longitude 108°08′27″ West; Thence northwesterly in a straight line to a point at latitude 63°15′43″ North and longitude 108°11′59″ West;
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Thence northerly in a straight line to a point at latitude 63°19′40″ North and longitude 108°10′22″ West; Thence northeasterly in a straight line to a point at latitude 63°20′35″ North and longitude 108°07′49″ West; Thence easterly in a straight line to a point at latitude 63°20′41″ North and longitude 108°05′47″ West; Thence northeasterly in a straight line to a point at latitude 63°21′08″ North and longitude 108°05′07″ West; Thence northwesterly in a straight line to a point at latitude 63°22′11″ North and longitude 108°06′19″ West; Thence northeasterly in a straight line to a point at latitude 63°23′06″ North and longitude 107°59′46″ West; Thence northerly in a straight line to a point at latitude 63°25′13″ North and longitude 108°00′39″ West; Thence northwesterly in a straight line to a point at latitude 63°26′59″ North and longitude 108°02′15″ West; Thence northeasterly in a straight line to a point at latitude 63°27′45″ North and longitude 107°59′30″ West; Thence northwesterly in a straight line to a point at latitude 63°29′07″ North and longitude 108°00′56″ West; Thence northerly in a straight line to a point at latitude 63°30′46″ North and longitude 108°00′46″ West; Thence easterly in a straight line to a point at latitude 63°30′51″ North and longitude 107°58′42″ West; Thence northeasterly in a straight line to a point at latitude 63°31′33″ North and longitude 107°57′02″ West; Thence northerly in a straight line to a point at latitude 63°32′44″ North and longitude 107°56′50″ West; Thence northwesterly in a straight line to a point at latitude 63°33′34″ North and longitude 107°57′52″ West; Thence northeasterly in a straight line to a point at latitude 63°34′30″ North and longitude 107°56′40″ West; Thence northerly in a straight line to a point at latitude 63°35′40″ North and longitude 107°56′16″ West; Thence easterly in a straight line to a point at latitude 63°35′21″ North and longitude 107°51′49″ West; Thence northeasterly in a straight line to a point at latitude 63°35′58″ North and longitude 107°48′51″ West; Thence southeasterly in a straight line to a point at latitude 63°35′11″ North and longitude 107°43′08″ West; Thence southeasterly in a straight line to a point at latitude 63°32′03″ North and longitude 107°38′41″ West; Thence easterly in a straight line to the point of commencement. Said parcel containing an approximate area of 14 070 square kilometres.
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All coordinates above are referred to the 1983 North American Datum, Canadian Spatial Reference System (NAD83 CSRS) and any references to straight lines mean points joined directly on the NAD83 CSRS Universal Transverse Mercator (UTM) projection plane surface.
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Chapter 29: Budget Implementation Act, 2019, No. 1 PART 4 Various Measures DIVISION 23 Canada National Parks Act Amendments to the Act Sections 331-332
332 (1) The description of the Lake Louise Ski
Area in Schedule 5 to the Act is replaced by the following: In Banff National Park of Canada, the following described area: The whole of Parcels JM, JN, JO, JP, JQ, JR and JS and the Temple Road and Lipalian Mountain avalanche areas as shown on Plans 107416, 107417, 107418, 107419 and 107420 in the Canada Lands Surveys Records at Ottawa, copies of which have been deposited in the Alberta Land Titles Office at Calgary under numbers 1811569, 1811571, 1811573, 1811574 and 1812006, said parcels containing 1660.7 hectares, more or less. (2) The description of the Mount Norquay Ski Area in Schedule 5 to the Act is replaced by the following:
In Banff National Park of Canada, the following described area: The whole of parcel HY and parcels JA, JB, JC and JD as shown on Plan numbers 102068 and 102069 respectively in the Canada Lands Surveys Records at Ottawa, copies of which have been deposited in the Alberta Land Titles Office at Calgary under numbers 1312143 and 1312144 respectively, said parcels containing 260.33 hectares, more or less.
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Chapter 29: Budget Implementation Act, 2019, No. 1 PART 4 Various Measures DIVISION 23 Canada National Parks Act Coming into Force Sections 333-335
Coming into Force Order in council 333 Sections 328 to 331 come into force on a day
to be fixed by order of the Governor in Council, but that day must not be before the day on which the agreement between the Government of Canada and the Government of the Northwest Territories in relation to the transfer of administration and control of the lands for the establishment of Thaidene Nene National Park Reserve of Canada comes into effect.
DIVISION 24 1998, c. 31
Parks Canada Agency Act Amendments to the Act 334 (1) Subsection 19(1) of the Parks Canada
Agency Act is replaced by the following:
Appropriations 19 (1) Money may be appropriated by Parliament from time to time by way of a vote in an appropriation Act or any other Act of Parliament for the purposes of making operating and capital expenditures of the Agency and providing financial assistance in the form of grants and contributions. (2) Subsection 19(2) of the Act is repealed.
Coming into Force April 1, 2021 335 This Division comes into force on April 1,
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DIVISION 25
Various Measures Related to Indigenous Matters SUBDIVISION A
Department of Indigenous Services Act Enactment of Act Enactment of Act 336 The Department of Indigenous Services Act
is enacted as follows: An Act respecting the Department of Indigenous Services Preamble Whereas the Government of Canada is committed to
achieving reconciliation with First Nations, the Métis and the Inuit through renewed nation-to-nation, government-to-government and Inuit-Crown relationships based on affirmation and implementation of rights, respect, cooperation and partnership, promoting respect for the rights of Indigenous peoples recognized and affirmed by section 35 of the Constitution Act, 1982, and implementing the United Nations Declaration on the Rights of Indigenous Peoples; And whereas it is appropriate to establish a Department of Indigenous Services and that the Department, in carrying out its activities, ensures that Indigenous individuals have access — in accordance with transparent service standards and the needs of each Indigenous group, community or people — to services for which those individuals are eligible, takes into account socio-economic gaps that persist between Indigenous individuals and other Canadians with respect to a range of matters as well as social factors having an impact on health and well-being, recognizes and promotes Indigenous ways of knowing, being and doing, collaborates and cooperates with Indigenous peoples and with the provinces and territories, and
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implements the gradual transfer of departmental responsibilities to Indigenous organizations;
Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Short Title Short title 1 This Act may be cited as the Department of Indigenous Services Act.
Interpretation Definitions 2 The following definitions apply in this Act.
Department means the department established under section 3. (ministère) Indigenous governing body means a council, government or other entity that is authorized to act on behalf of an Indigenous group, community or people that holds rights recognized and affirmed by section 35 of the Constitution Act, 1982. (corps dirigeant autochtone) Indigenous organization means an Indigenous governing body or any other entity that represents the interests of an Indigenous group and its members. (organisation autochtone) Indigenous peoples has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982. (peuples autochtones) Minister means the Minister of Indigenous Services. (ministre)
Establishment of Department Department established 3 There is established a department of the Government
of Canada, called the Department of Indigenous Services, over which the Minister presides.
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Minister 4 The Minister, appointed by commission under the
Great Seal, holds office during pleasure and has the management and direction of the Department. Deputy Minister 5 The Governor in Council may appoint a Deputy Minister of Indigenous Services to hold office during pleasure and to be the deputy head of the Department.
Powers, Duties and Functions of Minister Powers, duties and functions 6 (1) The Minister’s powers, duties and functions extend to and include all matters over which Parliament has jurisdiction — and that are not by law assigned to any other department, board or agency of the Government of Canada — relating to the provision of services to Indigenous individuals who, and Indigenous governing bodies that, are eligible to receive those services under an Act of Parliament or a program of the Government of Canada for which the Minister is responsible.
Ministerial duty (2) The Minister is to ensure that services with respect to
the following matters are provided to Indigenous individuals who, and Indigenous governing bodies that, are eligible to receive those services under an Act of Parliament or a program of the Government of Canada for which the Minister is responsible — including, in the case of Indigenous individuals, services provided by Indigenous governing bodies, if applicable: (a) child and family services; (b) education; (c) health; (d) social development; (e) economic development; (f) housing; (g) infrastructure; (h) emergency management; (h.1) governance; and (i) any other matter designated by order of the Governor in Council.
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Collaboration and transfer of responsibilities 7 In exercising the powers and performing the duties and functions under this Act, the Minister is to (a) provide Indigenous organizations with an opportunity to collaborate in the development, provision, assessment and improvement of the services referred to in subsection 6(2); and (b) in accordance with any agreements respecting the
transfer of responsibilities that are entered into under section 9, take the appropriate measures to give effect to the gradual transfer to Indigenous organizations of departmental responsibilities with respect to the development and provision of those services. Limitations 8 For greater certainty, subsection 6(2) and section 7 apply subject to the transfer of responsibilities referred to in paragraph 7(b) and to agreements with Indigenous organizations, including land claims, self-government or self-determination agreements.
Agreements 9 The Minister may enter into agreements with Indigenous organizations and other entities regarding the provision of services referred to in subsection 6(2) and the transfer of responsibilities referred to in paragraph 7(b). Special representatives 10 (1) The Minister may appoint special representatives to provide him or her with advice on any matter relating to his or her powers, duties and functions under this Act or to any other matter relating to this Act, or to represent him or her in the context of, among other things, any consultation or engagement with an Indigenous organization or Indigenous group, community or people with respect to such a matter.
Committees (2) The Minister may also establish advisory and other committees to provide him or her with advice on any matter referred to in subsection (1).
Remuneration and expenses (3) The Minister is to fix the remuneration and expenses to be paid to special representatives and to committee members.
Provision of services between departments 11 The Department may provide services to and receive
services from the Department of Crown-Indigenous Relations and Northern Affairs — including services to
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support policy and program implementation — as provided in a written agreement between the Minister and the Minister of Crown-Indigenous Relations or the Minister of Northern Affairs, as the case may be.
Collection and use of information 12 (1) The Minister may, in exercising his or her powers
and performing his or her duties or functions under this Act, collect, analyze and interpret documents, information or data in respect of matters under his or her administration. Disclosure of information (2) The Minister may, in exercising his or her powers
and performing his or her duties or functions under this Act, disclose or permit to be disclosed, in whole or in part, those documents and that information or data to, among others, (a) the Department of Crown-Indigenous Relations
and Northern Affairs; (b) a department named in Schedule I to the Financial Administration Act, a division or branch of the federal public administration set out in column I of Schedule I.1 to that Act, a corporation named in Schedule II to that Act or a Crown corporation as defined in subsection 83(1) of that Act; (c) an Indigenous organization; or (d) a not-for-profit entity controlled by Indigenous individuals.
Exceptions related to disclosure (3) Paragraphs (2)(c) and (d) do not apply in respect of any information, or to any documents or data that would reveal any information, (a) that is personal information as defined in section
3 of the Privacy Act, unless (i) the personal information is publicly available, (ii) the individual to whom the personal information relates consents to its disclosure, or (iii) the disclosure is for a purpose referred to in any of paragraphs 8(2)(a), (b), (f), (j), (k) or (m) of the Privacy Act; (b) that is protected by solicitor-client privilege or professional secrecy of advocates and notaries or by litigation privilege;
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(c) the disclosure of which is restricted under any provision of any other Act of Parliament set out in Schedule II to the Access to Information Act; or (d) that is a confidence of the Queen’s Privy Council for Canada as defined in subsection 39(2) of the Canada Evidence Act.
Support for Indigenous bodies 13 The Minister may support Indigenous bodies that
specialize in research or statistics, in relation to their activities involving the collection, analysis, interpretation, publication and distribution of documents, information or data relating to the provision of services to Indigenous individuals. Delegation 14 The Minister may delegate any of his or her powers, duties and functions under this Act or any other Act of Parliament, except the power to delegate under this section, to the Minister of Crown-Indigenous Relations or the Minister of Northern Affairs, for any period and under any terms that the Minister considers suitable.
Annual report to Parliament 15 The Minister must cause to be tabled in each House
of Parliament, within three months after the end of the fiscal year or, if the House is not then sitting, on any of the first 15 days of the next sitting of the House, a report on (a) the socio-economic gaps between First Nations individuals, Inuit, Métis individuals and other Canadians and the measures taken by the Department to reduce those gaps; and (b) the progress made towards the transfer of responsibilities referred to in paragraph 7(b).
Coming into Force Order in council — July 15, 2019 336.1 This Subdivision comes into force on a day to be fixed by order of the Governor in Council, but no later than July 15, 2019.
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SUBDIVISION B
Department of Crown-Indigenous Relations and Northern Affairs Act Enactment of Act Enactment of Act 337 The Department of Crown-Indigenous Relations and Northern Affairs Act is enacted as follows:
An Act respecting the Department of Crown-Indigenous Relations and Northern Affairs Preamble Whereas the Government of Canada is committed to
achieving reconciliation with First Nations, the Métis and the Inuit through renewed nation-to-nation, government-to-government and Inuit-Crown relationships based on affirmation and implementation of rights, respect, cooperation and partnership, promoting respect for the rights of Indigenous peoples recognized and affirmed by section 35 of the Constitution Act, 1982, and implementing the United Nations Declaration on the Rights of Indigenous Peoples; And whereas it is appropriate to establish a Department of Crown-Indigenous Relations and Northern Affairs and that the Department, in carrying out its activities, collaborates and cooperates with Indigenous peoples and with the provinces and territories in relation to entering into and implementing agreements, recognizes and implements treaties concluded between the Crown and Indigenous peoples, promotes self-reliance, prosperity and well-being for the residents and communities of the Canadian North, taking into account their respective needs and challenges, recognizes and promotes Indigenous ways of knowing, being and doing, and promotes public awareness and understanding of the importance of working toward and contributing to reconciliation with Indigenous peoples;
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Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Short Title Short title 1 This Act may be cited as the Department of Crown-Indigenous Relations and Northern Affairs Act.
Interpretation Definitions 2 The following definitions apply in this Act.
Department means the department established under section 3. (ministère) Indigenous governing body means a council, government or other entity that is authorized to act on behalf of an Indigenous group, community or people that holds rights recognized and affirmed by section 35 of the Constitution Act, 1982. (corps dirigeant autochtone) Indigenous organization means an Indigenous governing body or any other entity that represents the interests of an Indigenous group and its members. (organisation autochtone) Indigenous peoples has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982. (peuples autochtones) Minister means the Minister of Crown-Indigenous Relations. (ministre)
Department of CrownIndigenous Relations and Northern Affairs Establishment of Department Department established 3 There is established a department of the Government of Canada, called the Department of Crown-Indigenous
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Relations and Northern Affairs, over which the Minister presides. Minister 4 The Minister, appointed by commission under the
Great Seal, holds office during pleasure and has the management and direction of the Department. Deputy Minister 5 (1) The Governor in Council may appoint a Deputy
Minister of Crown-Indigenous Relations to hold office during pleasure and to be the deputy head of the Department. Associate Deputy Minister (2) The Governor in Council may appoint an Associate Deputy Minister of Crown-Indigenous Relations to hold office during pleasure and, under the Deputy Minister of Crown-Indigenous Relations, to exercise the powers and perform the duties and functions — as a deputy of the Minister or otherwise — that the Minister may specify.
Powers, Duties and Functions of Minister Powers, duties and functions 6 The Minister’s powers, duties and functions extend to
and include all matters over which Parliament has jurisdiction — and that are not by law assigned to any other department, board or agency of the Government of Canada — relating to relations with Indigenous peoples. Responsibilities 7 The Minister is responsible for (a) exercising leadership within the Government of Canada in relation to the affirmation and implementation of the rights of Indigenous peoples recognized and affirmed by section 35 of the Constitution Act, 1982 and the implementation of treaties and other agreements with Indigenous peoples; (b) negotiating treaties and other agreements to advance the self-determination of Indigenous peoples; and (c) advancing reconciliation with Indigenous peoples, in collaboration with Indigenous peoples and through renewed nation-to-nation, government-to-government and Inuit-Crown relationships.
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Provision of services between departments 8 The Department may provide services to and receive services from the Department of Indigenous Services — including services to support policy and program implementation — as provided in a written agreement between the Minister or the Minister of Northern Affairs, as the case may be, and the Minister of Indigenous Services.
Delegation 9 The Minister may delegate any of his or her powers,
duties and functions under this Act or any other Act of Parliament, except the power to delegate under this section, to the Minister of Indigenous Services, for any period and under any terms that the Minister considers suitable. Annual report to Parliament 10 The Minister must cause to be tabled in each House
of Parliament, within three months after the end of the fiscal year or, if the House is not then sitting, on any of the first 15 days of the next sitting of the House, a report on the measures taken to advance the self-determination of Indigenous peoples and reconciliation with Indigenous peoples.
Minister of Northern Affairs Appointment 11 (1) A Minister of Northern Affairs may be appointed
by commission under the Great Seal to hold office during pleasure. If no Minister of Northern Affairs appointed (2) If no Minister of Northern Affairs is appointed under subsection (1), (a) the Minister is to exercise the powers and perform
the duties and functions of the Minister of Northern Affairs; and (b) every reference to the Minister of Northern Affairs
in any Act of Parliament or in any order, regulation or other instrument made under an Act of Parliament is to be read as a reference to the Minister, unless the context otherwise requires. Deputy Minister of Northern Affairs 12 (1) The Governor in Council may designate the Associate Deputy Minister appointed under subsection 5(2) to be Deputy Minister of Northern Affairs and, under the Minister of Northern Affairs, to exercise the powers and perform the duties and functions — as a deputy of the
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Minister of Northern Affairs or otherwise — that the Minister of Northern Affairs may specify. If no Deputy Minister of Northern Affairs designated (2) If no Deputy Minister of Northern Affairs is designated under subsection (1), (a) the Deputy Minister of Crown-Indigenous Relations is to exercise the powers and perform the duties and functions of the Deputy Minister of Northern Affairs; and (b) every reference to the Deputy Minister of Northern Affairs in any Act of Parliament or in any order, regulation or other instrument made under an Act of Parliament is to be read as a reference to the Deputy Minister of Crown-Indigenous Relations, unless the context otherwise requires. Powers, duties and functions 13 The powers, duties and functions of the Minister of Northern Affairs extend to and include all matters over which Parliament has jurisdiction — and that are not by law assigned to any other department, board or agency of the Government of Canada — relating (a) to Yukon, to the Northwest Territories or to
Nunavut and its resources and affairs; and (b) to policies, directives and programs with respect to the Canadian North.
Coordination, policies and scientific research 14 The Minister of Northern Affairs is to (a) coordinate the activities of the departments, boards and agencies of the Government of Canada in the territories; (b) develop and implement policies and programs to promote the social, economic and political development of the territories; and (c) foster, through scientific research and technology,
knowledge of the Canadian North and the taking of various measures to support its development. Administration of lands — Nunavut 15 (1) The Minister of Northern Affairs has the administration of lands situated in Nunavut belonging to Her Majesty in right of Canada except those lands that are under
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(a) the administration of any other minister of the
Government of Canada or any agent corporation as defined in subsection 83(1) of the Financial Administration Act; or (b) the administration and control of the Commissioner of Nunavut under the Nunavut Act. Yukon and Northwest Territories (2) The Minister of Northern Affairs has the administration of public real property as defined in section 2 of the Yukon Act — and public lands as defined in section 2 of the Northwest Territories Act — except that public real property or those public lands, as the case may be, that are under (a) the administration of any other minister of the Government of Canada or any agent corporation as defined in subsection 83(1) of the Financial Administration Act; or (b) the administration and control of the Commissioner of Yukon or the Commissioner of the Northwest Territories, as the case may be, under the applicable Act. Use of departmental services and facilities 16 The Minister of Northern Affairs is to make use of the services and facilities of the Department.
Transfer of responsibility 17 The Minister of Northern Affairs may enter into an agreement with the government of a territory with respect to the transfer of responsibilities to the territory.
Delegation 18 The Minister of Northern Affairs may delegate any of
his or her powers, duties and functions under this Act or any other Act of Parliament, except the power to delegate under this section, to any officer of the Department or the Minister of Indigenous Services, for any period and under any terms that the Minister of Northern Affairs considers suitable.
Provisions Applicable to Both Ministers Special representatives 19 (1) The Minister or the Minister of Northern Affairs,
as the case may be, may appoint special representatives to provide him or her with advice on any matter relating to his or her powers, duties and functions under this Act or to any other matter relating to this Act, or to represent
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him or her in the context of, among other things, any consultation or engagement with an Indigenous organization or Indigenous group, community or people with respect to such a matter. Committees (2) The Minister or the Minister of Northern Affairs, as
the case may be, may also establish advisory and other committees to provide him or her with advice on any matter referred to in subsection (1). Remuneration and expenses (3) The Minister or the Minister of Northern Affairs, as
the case may be, is to fix the remuneration and expenses to be paid to special representatives and to committee members. Collection and use of information 20 (1) The Minister or the Minister of Northern Affairs,
as the case may be, may, in exercising his or her powers and performing his or her duties or functions under this Act, collect, analyze and interpret documents, information or data in respect of matters under his or her administration. Disclosure of information (2) The Minister or the Minister of Northern Affairs, as the case may be, may, in exercising his or her powers and performing his or her duties or functions under this Act, disclose or permit to be disclosed, in whole or in part, those documents and that information or data to, among others, (a) the Department of Indigenous Services; (b) a department named in Schedule I to the Financial Administration Act, a division or branch of the federal public administration set out in column I of Schedule I.1 to that Act, a corporation named in Schedule II to that Act or a Crown corporation as defined in subsection 83(1) of that Act; (c) an Indigenous organization; or (d) a not-for-profit entity controlled by Indigenous individuals.
Exceptions related to disclosure (3) Paragraphs (2)(c) and (d) do not apply in respect of
any information, or to any documents or data that would reveal any information, (a) that is personal information as defined in section 3 of the Privacy Act, unless
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(i) the personal information is publicly available, (ii) the individual to whom the personal information relates consents to its disclosure, or (iii) the disclosure is for a purpose referred to in
any of paragraphs 8(2)(a), (b), (f), (j), (k) or (m) of the Privacy Act; (b) that is protected by solicitor-client privilege or professional secrecy of advocates and notaries or by litigation privilege; (c) the disclosure of which is restricted under any provision of any other Act of Parliament set out in Schedule II to the Access to Information Act; or (d) that is a confidence of the Queen’s Privy Council for Canada as defined in subsection 39(2) of the Canada Evidence Act.
Coming into Force Order in council — July 15, 2019 337.1 This Subdivision comes into force on a day to be fixed by order of the Governor in Council, but no later than July 15, 2019.
SUBDIVISION C
Transitional Provisions, Consequential Amendments, Coordinating Amendments and Repeal Transitional Provisions Indigenous Services Minister 338 (1) Any person who holds, immediately before the day on which this section comes into force, the office of Minister of State styled Minister of Indigenous Services is deemed, as of that day, to be the minister referred to in section 4 of the Department of Indigenous Services Act, as enacted by section 336. Deputy Minister (2) Any person who holds, immediately before
the day on which this section comes into force, the office of Special Adviser to the Minister of
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Indigenous Services, styled as Deputy Minister of Indigenous Services, is deemed to have been appointed on that day under section 5 of the Department of Indigenous Services Act, as enacted by section 336, as the Deputy Minister of Indigenous Services. Persons who occupy a position (3) Nothing in this Act is to be construed as affecting the status of any person who, immediately before the day on which this section comes into force, occupies or is assigned to a position in the Department of Indigenous Services Canada, except that the person, as of that day, occupies or is assigned to their position in the Department of Indigenous Services. Transfer of appropriations 339 Any amount that is appropriated by an Act of
Parliament for the fiscal year in which this section comes into force to defray the expenditures of the public service of Canada within the Department of Indigenous Services Canada and that is unexpended on the day on which this section comes into force is deemed to be an amount appropriated to defray the expenditures of the public service of Canada within the Department of Indigenous Services. Validation of acts and decisions 340 Any act taken or decision or determination — including any approval given in relation to the issuance of a licence — made by the person who holds the office of Minister of State styled Minister of Indigenous Services during the period beginning on November 30, 2017 and ending on the day on which section 336 comes into force is deemed, to the extent that it would have been valid under the Department of Indigenous Services Act, as enacted by that section 336, or any other Act of Parliament, to have been validly taken or made under the Department of Indigenous Services Act or that other Act of Parliament, as the case may be.
Crown-Indigenous Relations and Northern Affairs Minister of Crown-Indigenous Relations 341 (1) Any person who holds, immediately before the day on which this section comes into force, the office of Minister of Indian Affairs and Northern Development is deemed, as of that day, to be the minister referred to in section 4 of the
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Department of Crown-Indigenous Relations and Northern Affairs Act, as enacted by section 337.
Minister of Northern Affairs (2) Any person who holds, immediately before
the day on which this section comes into force, the office of Minister of State to assist the Minister of Indian Affairs and Northern Development is deemed, as of that day, to be the minister referred to in subsection 11(1) of the Department of Crown-Indigenous Relations and Northern Affairs Act, as enacted by section 337. Deputy Minister (3) Any person who holds, immediately before the day on which this section comes into force, the office of Deputy Minister of Indian Affairs and Northern Development is deemed to have been appointed on that day under section 5 of the Department of Crown-Indigenous Relations and Northern Affairs Act, as enacted by section 337, as the Deputy Minister of Crown-Indigenous Relations.
Persons who occupy a position (4) Nothing in this Act is to be construed as affecting the status of any person who, immediately before the day on which this section comes into force, occupies or is assigned to a position in the Department of Indian Affairs and Northern Development, except that the person, as of that day, occupies or is assigned to their position in the Department of Crown-Indigenous Relations and Northern Affairs.
Transfer of appropriations 342 Any amount that is appropriated by an Act of
Parliament for the fiscal year in which this section comes into force to defray the expenditures of the public service of Canada within the Department of Indian Affairs and Northern Development and that is unexpended on the day on which this section comes into force is deemed to be an amount appropriated for defraying the expenditures of the public service of Canada within the Department of Crown-Indigenous Relations and Northern Affairs. Validation of acts and decisions — Crown-Indigenous Relations 343 Any act taken or decision or determination — including any approval given in relation to the issuance of a licence — made by the person who
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holds the office of Minister of Indian Affairs and Northern Development during the period beginning on November 30, 2017 and ending on the day on which section 337 comes into force is deemed, to the extent that it would have been valid under the Department of Crown-Indigenous Relations and Northern Affairs Act, as enacted by that section 337, or any other Act of Parliament, to have been validly taken or made under the Department of Crown-Indigenous Relations and Northern Affairs Act or that other Act of Parliament, as the case may be. Validation of acts and decisions — Northern Affairs 344 Any act taken or decision or determination — including any approval given in relation to the issuance of a licence — made by the person who holds the office of Minister of State to assist the Minister of Indian Affairs and Northern Development during the period beginning on November 30, 2017 and ending on the day on which section 337 comes into force is deemed, to the extent that it would have been valid under the Department of Crown-Indigenous Relations and Northern Affairs Act, as enacted by that section 337, or any other Act of Parliament, to have been validly taken or made under the Department of Crown-Indigenous Relations and Northern Affairs Act or that other Act of Parliament, as the case may be.
References and Regulations References — certain agreements 345 (1) On the day on which section 337 comes into force, every reference to the Minister of Indian Affairs and Northern Development or Department of Indian Affairs and Northern Development in a land claims, specific claim or self-government agreement is, unless the context requires otherwise, to be read as a reference to the Minister of Crown-Indigenous Relations or Department of Crown-Indigenous Relations and Northern Affairs, as the case may be.
References — other documents (2) On the day on which both sections 336 and 337 come into force, every reference to the Minister of Indian Affairs and Northern Development or Department of Indian Affairs and Northern Development in any contract, instrument or act, agreement — other than an agreement referred to in subsection (1) — or other document is, unless the context requires otherwise, to be read as a reference to the Minister of Crown-Indigenous
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Relations, Minister of Northern Affairs, Minister of Indigenous Services, Department of Crown-Indigenous Relations and Northern Affairs or Department of Indigenous Services, as the case may be. Regulations 346 The Governor in Council may make any regulations that the Governor in Council considers necessary to provide for any other transitional matter arising from the coming into force of this Act.
Consequential Amendments R.S., c. A-1
Access to Info rmation Act 347 Schedule I to the Access to Information Act
is amended by striking out the following under the heading “Departments and Ministries of State”: Department of Indian Affairs and Northern Development Ministère des Affaires indiennes et du Nord canadien 348 Schedule I to the Act is amended by adding the following in alphabetical order under the heading “Departments and Ministries of State”:
Department of Crown-Indigenous Relations and Northern Affairs Ministère des Relations Couronne-Autochtones et des Affaires du Nord Department of Indigenous Services Ministère des Services aux Autochtones SOR/2017-257, s. 1
349 Schedule I to the Act is amended by striking out the following under the heading “Other Government Institutions”: Department of Indigenous Services Canada Ministère des Services aux Autochtones Canada R.S., c. F-11
Financial Administration Act SOR/2017-257, s. 1
350 Schedule I to the Financial Administration
Act is amended by striking out the following:
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Department of Indian Affairs and Northern Development Ministère des Affaires indiennes et du Nord canadien 351 Schedule I to the Act is amended by adding
the following in alphabetical order: Department of Crown-Indigenous Relations and Northern Affairs Ministère des Relations Couronne-Autochtones et des Affaires du Nord Department of Indigenous Services Ministère des Services aux Autochtones SOR/2017-254, s. 1
352 Schedule I.1 to the Act is amended by striking out, in column I, the reference to Department of Indigenous Services Canada Ministère des Services aux Autochtones Canada and the corresponding reference in column II to ‘‘Minister of State styled Minister of Indigenous Services’’.
SOR/2017-255, s. 1
353 Schedule IV to the Act is amended by striking out the following: Department of Indigenous Services Canada Ministère des Services aux Autochtones Canada 2006, c. 9, s. 270
354 Part I of Schedule VI to the Act is amended
by striking out the following: Department of Indian Affairs and Northern Development Ministère des Affaires indiennes et du Nord canadien 355 Part I of Schedule VI to the Act is amended by adding the following in alphabetical order:
Department of Crown-Indigenous Relations and Northern Affairs Ministère des Relations Couronne-Autochtones et des Affaires du Nord Department of Indigenous Services Ministère des Services aux Autochtones SOR/2017-256, s. 1
356 Part II of Schedule VI to the Act is amended
by striking out, in column I, the reference to
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Department of Indigenous Services Canada Ministère des Services aux Autochtones Canada and the corresponding reference in column II to ‘‘Deputy Minister’’. R.S., c. I-5
Indian Act 357 Section 3 of the Indian Act is replaced by the
following: Superintendent general 3 The Minister of Indigenous Services shall be the superintendent general of Indian affairs. 358 Paragraph 108(c) of the Act is replaced by the
following: (c) the Minister and the Deputy Minister of Indigenous Services, R.S., c. P-21
Privacy Act 359 The schedule to the Privacy Act is amended by striking out the following under the heading “Departments and Ministries of State”:
Department of Indian Affairs and Northern Development Ministère des Affaires indiennes et du Nord canadien 360 The schedule to the Act is amended by adding the following in alphabetical order under the heading “Departments and Ministries of State”: Department of Crown-Indigenous Relations and Northern Affairs Ministère des Relations Couronne-Autochtones et des Affaires du Nord Department of Indigenous Services Ministère des Services aux Autochtones SOR/2017-258, s. 1
361 The schedule to the Act is amended by striking out the following under the heading “Other Government Institutions”: Department of Indigenous Services Canada Ministère des Services aux Autochtones Canada
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R.S., c. S-3
Salaries Act 2005, c. 16, s. 13
362 (1) Paragraph 4.1(3)(l) of the Salaries Act is
repealed. (2) Subsection 4.1(3) of the Act is amended by adding the following after paragraph (z.22): (z.23) the Minister of Crown-Indigenous Relations; (z.24) the Minister of Northern Affairs; (z.25) the Minister of Indigenous Services;
R.S., c. W-4
Dominion Wat er Power Act 363 The definition Minister in section 2 of the Dominion Water Power Act is replaced by the following: Minister means the Minister of Indigenous Services or, in relation to public lands in Nunavut, the Minister of Northern Affairs; (ministre) 1991, c. 30
Public Sector Compensation Act 364 Schedule I to the Public Sector Compensation Act is amended by striking out the following under the heading “Departments”: Department of Indian Affairs and Northern Development Ministère des Affaires indiennes et du Nord canadien 365 Schedule I to the Act is amended by adding
the following in alphabetical order under the heading “Departments”: Department of Crown-Indigenous Relations and Northern Affairs Ministère des Relations Couronne-Autochtones et des Affaires du Nord Department of Indigenous Services Ministère des Services aux Autochtones
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1994, c. 35
Yukon First Nations Self-Government Act 366 (1) The portion of subsection 32(1) of the
Yukon First Nations Self-Government Act before paragraph (a) is replaced by the following:
Property of minors and mental incompetents 32 (1) Notwithstanding subsection 17(1), the Minister of Indigenous Services may continue to exercise any authority under the Indian Act that the Minister of Indigenous Services has, immediately before a first nation’s self-government agreement is brought into effect, in relation to the administration of the property of (2) Subsection 32(2) of the Act is replaced by the following:
Transfer to trustee (2) The property of a person referred to in subsection (1), including moneys held in the Consolidated Revenue Fund, may be transferred in trust for that person or that person’s estate on terms agreed to by the Minister of Indigenous Services and the first nation.
1991, c. 50; 2001, c. 4, s. 10
Federal Real Property and Federal Immovables Act 2014, c. 2, s. 42
367 Subsection 17(2) of the Federal Real Property and Federal Immovables Act is replaced by the following: Administration — Minister of Northern Affairs (2) If any federal real property in Nunavut or any federal
real property that is described in subsection (1.1) is granted in fee simple under this Act, the Minister of Northern Affairs has the administration of any property and rights that are reserved from the grant by virtue of subsection (1) or (1.1). 2013, c. 7
First Nations Financial Transparency Act 368 (1) The definition Minister in section 2 of the
First Nations Financial Transparency Act is replaced by the following: Minister means the Minister of Crown-Indigenous Relations. (ministre)
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(2) The definition Minister in section 2 of the Act is replaced by the following:
Minister means the Minister of Indigenous Services. (ministre) 369 (1) Section 9 of the Act is replaced by the following: Internet site — Minister 9 The Minister must publish the documents referred to
in paragraphs 7(1)(a) to (d) on the Internet site of the Department of Crown-Indigenous Relation and Northern Affairs without delay after the First Nation has provided him or her with those documents or they have been published under subsection 8(1). (2) Section 9 of the Act is replaced by the following:
Internet site — Minister 9 The Minister must publish the documents referred to in paragraphs 7(1)(a) to (d) on the Internet site of the Department of Indigenous Services without delay after the First Nation has provided him or her with those documents or they have been published under subsection 8(1). 2014, c. 38
Indian Act Amendment and Replacement Act 370 Section 2 of the Indian Act Amendment and
Replacement Act is replaced by the following:
Report by Ministers 2 Within the first 10 sitting days of the House of Commons in every calendar year, the Minister of Indigenous Services must report to the House of Commons committee responsible for Aboriginal affairs on the work undertaken by his or her department in collaboration with First Nations and other interested parties to develop new legislation to replace the Indian Act.
Terminology Replacement of “Department of Indian Affairs and Northern Development” 371 (1) Every reference to the “Department of Indian Affairs and Northern Development” is replaced by a reference to the “Department of
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Crown-Indigenous Relations and Northern Affairs” in the following provisions: (a) paragraph 25(b) of the Yukon First Nations Self-Government Act; and (b) paragraph 16(2)(b) of the Specific Claims
Tribunal Act. Other references to Department of Indian Affairs and Northern Development (2) Unless the context requires otherwise, every
reference to the “Department of Indian Affairs and Northern Development” is, with any grammatical adaptations, to be read as a reference to the “Department of Crown-Indigenous Relations and Northern Affairs” in the following provisions: (a) paragraphs 7(a) and (b) of the Gwich’in Land Claim Settlement Act; (b) paragraph
7(b) of Claims Agreement Act;
the
Nunavut
Land
(c) paragraph 7(a) of the Sahtu Dene and Metis Land Claim Settlement Act; (d) paragraph 15(b) of the Yukon First Nations
Land Claims Settlement Act; (e) paragraphs 4(d) and (f) of the Tlicho Land
Claims and Self-Government Act; and (f) subsection 25(2) of the First Nations Jurisdiction over Education in British Columbia Act.
Other reference to Department of Indian Affairs and Northern Development (3) Unless the context requires otherwise, the
reference to the “Department of Indian Affairs and Northern Development” is to be read as a reference to the “Department of Crown-Indigenous Relations and Northern Affairs” in the English version of paragraph 15(b) of the Westbank First Nation Self-Government Act.
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Replacement of “Department of Indian Affairs and Northern Development” 372 (1) Every reference to the “Department of Indian Affairs and Northern Development” is replaced by a reference to the “Department of Indigenous Services” in the following provisions: (a) the definition Department in subsection 2(1) of the Indian Act; (b) section 15 of the Indian Oil and Gas Act; (c) subparagraphs 2(3)(f)(i) and (ii) of the Payments in Lieu of Taxes Act; (d) subsection 7(2) of the Canada Oil and Gas
Operations Act; (e) paragraph 109.1(c) of the Pension Act; (f) paragraph 6.6(c) of the Department of Veterans Affairs Act; (g) subsection 10(2) of the Dominion Water
Power Act; (h) paragraph 72(c) of the Canada Petroleum Resources Act; and (i) paragraph (a) of the definition reservation in section 59 of the Yukon Surface Rights Board Act.
Other reference to Department of Indian Affairs and Northern Development (2) Unless the context requires otherwise, the
reference to the “Department of Indian Affairs and Northern Development” is to be read as a reference to the “Department of Indigenous Services” in the English version of the portion of subsection 22(1) of the Kanesatake Interim Land Base Governance Act before paragraph (a). Replacement of “Minister of Indian Affairs and Northern Development” 373 (1) Every reference to the “Minister of Indian Affairs and Northern Development” is replaced by a reference to the “Minister of CrownIndigenous Relations” in the following provisions: (a) the definition Minister in subsection 2(1) of the Naskapi and the Cree-Naskapi Commission Act;
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(b) the definition Minister in subsection 2(1) of
the Sechelt Indian Band Self-Government Act; (c) the definition Minister in section 2 of the Yukon First Nations Self-Government Act; (d) the definition Minister in subsection 2(1) of the First Nations Land Management Act; (e) the definition Minister in section 8 of the
Manitoba Claim Settlements Implementation Act; (f) the definition Minister in section 2 of the Claim Settlements (Alberta and Saskatchewan) Implementation Act; (g) in the Westbank First Nation Self-Government Act, (i) section 13, and (ii) subsection 14.1(1); (h) the definition Minister in subsection 2(1) of the First Nations Fiscal Management Act; (i) the definition Minister in subsection 2(1) of
the First Nations Jurisdiction over Education in British Columbia Act; and (j) the definition Minister in section 2 of the
Specific Claims Tribunal Act.
Other references to Minister of Indian Affairs and Northern Development (2) Unless the context requires otherwise, every reference to the “Minister of Indian Affairs and Northern Development” is, with any grammatical adaptations, to be read as a reference to the “Minister of Crown-Indigenous Relations” in the following provisions: (a) the portion of section 7 of the Gwich’in Land Claim Settlement Act before paragraph (a); (b) the portion of section 7 of the Nunavut
Land Claims Agreement Act before paragraph (a);
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(c) the portion of section 7 of the Sahtu Dene
and Metis Land Claim Settlement Act before paragraph (a); (d) the portion of section 15 of the Yukon First Nations Land Claims Settlement Act before paragraph (a); (e) the portion of section 15 of the Westbank
First Nation Self-Government Act before paragraph (a); (f) the portion of section 4 of the Tlicho Land Claims and Self-Government Act before paragraph (a); and (g) section 32 of An Act to amend the CreeNaskapi (of Quebec) Act, chapter 12 of the Statutes of Canada, 2009.
Other references to Minister (3) Unless the context requires otherwise, every
reference to the “Minister” is to be read as a reference to the “Minister of Crown-Indigenous Relations” in sections 12 and 13 of the Sechelt Indian Band Self-Government Act. Replacement of “Minister of Indian Affairs and Northern Development” 374 Every reference to the “Minister of Indian Affairs and Northern Development” is replaced by a reference to the “Minister of Northern Affairs” in the following provisions: (a) the definition Minister in section 34 of the
Canada Lands Surveys Act; (b) in the Canada Oil and Gas Operations Act, (i) the definitions federal Ministers and Minister in section 2, (ii) subsection 5.001(1), (iii) subsection 5.014(1), (iv) paragraph 6(2)(a), and (v) subsection 7(3); (c) the definition Minister in section 2 of the
Territorial Lands Act; (d) in the Canada Petroleum Resources Act,
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(i) paragraph (b) of the definition Minister in section 2, (ii) the definition Minister in section 75, (iii) paragraph 76(1)(b), (iv) paragraph (b) of the definition Deputy Registrar in subsection 84(1), and (v) paragraph (b) of the definition Registrar in subsection 84(1); (e) the definition Minister in section 2 of the Northern Canada Power Commission Yukon Assets Disposal Authorization Act; (f) the definition Minister in section 2 of the
Northern Canada Power Commission (Share Issuance and Sale Authorization) Act; (g) the definition Minister in section 2 of the
Nunavut Act; (h) the definition Minister in section 2 of the
Yukon Surface Rights Board Act; (i) the definition federal Minister in section 2 of
the Mackenzie Valley Resource Management Act; (j) the definition Minister in section 2 of the Yukon Act; (k) the definition Minister in subsection 2(1) the Nunavut Waters and Nunavut Surface Rights Tribunal Act; (l) the definition federal minister in subsection 2(1) of the Yukon Environmental and Socioeconomic Assessment Act; (m) in the Nunavut Planning and Project Assessment Act, (i) the definition federal Minister in subsection 2(1), and (ii) paragraph (b) of the definition responsible Minister in subsection 73(1); and (n) the definition Minister in section 2 of the
Northwest Territories Act.
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Replacement of “Minister of Indian Affairs and Northern Development” 375 (1) Every reference to the “Minister of Indian Affairs and Northern Development” is replaced by a reference to the “Minister of Indigenous Services” in the following provisions: (a) the definition Minister in subsection 2(1) of the Indian Act; (b) the definition Minister in section 2 of the Indian Oil and Gas Act; (c) subparagraph 157(3)(b)(i) of the Canada Labour Code; (d) the definition Minister in subsection 2(1) of the Saskatchewan Treaty Land Entitlement Act; (e) subsection 21(1) of the Kanesatake Interim
Land Base Governance Act; (f) in the Species at Risk Act, (i) subsection 53(2), (ii) subsection 58(7), (iii) subsection 59(5), and (iv) subsection 71(2); (g) the definition Minister in subsection 2(1) of
the First Nations Oil and Gas and Moneys Management Act; (h) the definition Minister in subsection 2(1) of
the First Nations Commercial and Industrial Development Act; (i) subsection 161(1) of the Keeping Canada’s Economy and Jobs Growing Act, as amended by section 233 of the Economic Action Plan 2013 Act, No. 1; (j) the definition Minister in subsection 2(1) of the Family Homes on Reserves and Matrimonial Interests or Rights Act; (k) the definition Minister in subsection 2(1) of the Safe Drinking Water for First Nations Act; and (l) the definition Minister in section 2 of the First Nations Elections Act.
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Other reference to Minister of Indian Affairs and Northern Development (2) Unless the context requires otherwise, the
reference to the “Minister of Indian Affairs and Northern Development” is to be read as a reference to the “Minister of Indigenous Services” in the portion of subsection 22(1) of the Kanesatake Interim Land Base Governance Act before paragraph (a). Other reference to Minister (3) Unless the context requires otherwise, the
reference to the “Minister” is to be read as a reference to the “Minister of Indigenous Services” in subsection 11(2) of the Saskatchewan Treaty Land Entitlement Act.
Coordinating Amendments 2009, c. 7
376 (1) In this section, other Act means An Act to
amend the Indian Oil and Gas Act, chapter 7 of the Statutes of Canada, 2009. (2) If section 1 of the other Act comes into force before paragraph 375(1)(b) of this Act, then (a) that paragraph 375(1)(b) is deemed never to have come into force and is repealed; and (b) the definition Minister in subsection 2(1) of
the Indian Oil and Gas Act is replaced by the following: Minister means the Minister of Indigenous Services. (ministre) (3) If paragraph 375(1)(b) of this Act comes into force before section 1 of the other Act, then, on the day on which that section 1 comes into force, the definition Minister in subsection 2(1) of the Indian Oil and Gas Act is replaced by the following:
Minister means the Minister of Indigenous Services. (ministre) (4) If paragraph 375(1)(b) of this Act comes into
force on the same day as section 1 of the other Act, then that section 1 is deemed to have come
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into force before that paragraph 375(1)(b) and subsection (2) applies as a consequence. (5) On the first day on which both section 3 of the
other Act and paragraph 372(1)(b) of this Act are in force, section 15 of the Indian Oil and Gas Act is replaced by the following:
Ministerial powers 15 Without derogating from paragraph 24(2)(d) of the Interpretation Act in relation to any other power of the Minister under this Act, the Minister may delegate in writing any of the Minister’s powers under subsections 8(1), 10(1) and (3) and 14(1) to any person employed in the Department of Indigenous Services.
2018, c. 27, s. 675
377 On the first day on which both section 3 of
the Addition of Lands to Reserves and Reserve Creation Act (in this section referred to as the “other Act”) and section 3 of the Department of Crown-Indigenous Relations and Northern Affairs Act, as enacted by section 337 of this Act, are in force, (a) the definition Minister in section 2 of the
other Act is replaced by the following: Minister means the Minister of Crown-Indigenous Relations. (ministre) (b) section 3 of the other Act and the heading before it are repealed. Bill C-92
378 If Bill C-92, introduced in the 1st session of
the 42nd Parliament and entitled An Act respecting First Nations, Inuit and Métis children, youth and families (in this section referred to as the “other Act”), receives royal assent, then, on the first day on which both section 6 of that Act and section 3 of the Department of Indigenous Services Act, as enacted by section 336 of this Act, are in force, (a) the definition Minister in section 1 of the
other Act is replaced by the following: Minister means the Minister of Indigenous Services. (ministre) (b) section 6 of the other Act and the heading
before it are repealed.
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Bill C-94
379 If Bill C-94, introduced in the 1st session of
the 42nd Parliament and entitled An Act respecting certain payments to be made out of the Consolidated Revenue Fund (in this section referred to as the “other Act”), receives royal assent, then, on the first day on which both section 1 of that Act and section 3 of the Department of Indigenous Services Act, as enacted by section 336 of this Act, are in force, section 1 of the other Act is replaced by the following: Maximum payment of $2,200,000,000 1 Despite section 161 of the Keeping Canada’s Economy
and Jobs Growing Act, as amended by section 233 of the Economic Action Plan 2013 Act, No. 1, there may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Infrastructure and Communities or the Minister of Indigenous Services, in accordance with terms and conditions approved by the Treasury Board, in addition to the sum referred to in that section 161, a sum not exceeding $2,200,000,000 to provinces, territories, municipalities, municipal associations, provincial, territorial and municipal entities and First Nations for the purpose of municipal, regional and First Nations infrastructure.
Bill C-262
380 If Bill C-262, introduced in the 1st session of
the 42nd Parliament and entitled the United Nations Declaration on the Rights of Indigenous Peoples Act (in this section referred to as the “other Act”), receives royal assent, then, on the first day on which both section 6 of that Act and section 3 of the Department of Crown-Indigenous Relations and Northern Affairs Act, as enacted by section 337 of this Act, are in force, section 6 of the other Act is replaced by the following:
Annual report to Parliament 6 The Minister of Crown-Indigenous Relations must, within 60 days after the first day of April of every year including and occurring between the years 2017 and 2037, submit a report to each House of Parliament on the implementation of the measures referred to in section 4 and the plan referred to in section 5 for the relevant period. This Act
381 On the first day on which both section 130 of this Act and section 3 of the Department of Indigenous Services Act, as enacted by section 336
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of this Act, are in force, that section 130 is replaced by the following: Maximum payment of $2,200,000,000 130 Despite section 161 of the Keeping Canada’s Economy and Jobs Growing Act, as amended by section 233 of the Economic Action Plan 2013 Act, No. 1, there may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Infrastructure and Communities or the Minister of Indigenous Services, in accordance with terms and conditions approved by the Treasury Board, in addition to the sum referred to in that section 161, a sum not exceeding $2,200,000,000 to provinces, territories, municipalities, municipal associations, provincial, territorial and municipal entities and First Nations for the purpose of municipal, regional and First Nations infrastructure.
Repeal Repeal 382 The Department of Indian Affairs and Northern Development Act, chapter I-6 of the Revised Statutes of Canada, 1985, is repealed.
Coming into Force Order in council — July 15, 2019 383 (1) This Subdivision, except for subsections 368(2) and 369(2) and sections 376 to 381, comes into force on a day to be fixed by order of the Governor in Council, but no later than July 15, 2019.
Order in council (2) Subsections 368(2) and 369(2) come into force
on a day to be fixed by order of the Governor in Council, but that day must not be earlier than the day on which subsections 368(1) and 369(1) come into force.
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SUBDIVISION D
Various Amendments 1999, c. 24
First Nations Land Management Act 2012, c. 19, par. 652(l)(E)
384 Section 44 of the First Nations Land Management Act is replaced by the following:
Non-application of Statutory Instruments Act 44 The Statutory Instruments Act does not apply in respect of a land code, First Nation laws or an order made under subsection 25.1(1). 2005, c. 48
First Nations Oil and Gas and Moneys Management Act 385 (1) The portion of subsection 22(1) of the First Nations Oil and Gas and Moneys Management Act before paragraph (a) is replaced by the following:
Additions to Schedule 1 22 (1) The Minister may, by order, add a first nation’s
name to Schedule 1 following (2) Subsection 22(2) of the Act is replaced by the following:
Change of name (2) On receipt of a resolution of a first nation’s council advising of a change in the name of the first nation, the Minister may, by order, amend Schedule 1 accordingly. 2018, c. 27, s. 675
Addition of Lands to Reserves and Reserve Creation Act 386 On the first day on which both section 675 of the Budget Implementation Act, 2018, No. 2 and section 384 of this Act are in force, section 4 of the Addition of Lands to Reserves and Reserve Creation Act is amended by adding the following after subsection (4):
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Non-application of Statutory Instruments Act (5) The Statutory Instruments Act does not apply in respect of an order made under subsection (1).
DIVISION 26
Federal Prompt Payment for Construction Work Act Enactment of Act Enactment 387 The Federal Prompt Payment for Construction Work Act is enacted as follows:
An Act to establish a regime for prompt payment for construction work performed for the purposes of a construction project in respect of federal real property or federal immovables
Short Title Short title 1 This Act may be cited as the Federal Prompt Payment
for Construction Work Act.
Interpretation Definitions 2 (1) The following definitions apply in this Act.
adjudicator means an individual designated as an adjudicator by the Adjudicator Authority. (intervenant expert) Adjudicator Authority means the entity, designated under section 15, responsible for the designation of adjudicators. (autorité des intervenants experts) capital repair means any repair intended to extend the normal useful life or to improve the value or productivity of any real property or immovable, but does not include maintenance or repair work performed to prevent the normal deterioration or to maintain the normal, functional state of the real property or immovable. (réparation majeure) construction project means one or more of the following elements required by a contract between a contractor and Her Majesty or a service provider:
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(a) the addition, alteration or capital repair to, or
restoration of, any federal real property or federal immovable; (b) the construction, erection or installation on any federal real property or federal immovable, including the installation of equipment that is essential to the normal or intended use of the federal real property or federal immovable; or (c) the complete or partial demolition or removal of
any federal real property or federal immovable. (projet de construction) construction work means the supply of materials or services, including the rental of equipment, for the purposes of a construction project located in Canada. (travaux de construction) contractor means a party to a contract with Her Majesty or a service provider under which that party is to perform construction work, but does not include such a party if they are the lessor or lessee of the real property or immovable to which the construction work relates. (entrepreneur) federal immovable has the same meaning as in section 2 of the Federal Real Property and Federal Immovables Act. (immeuble fédéral) federal real property has the same meaning as in section 2 of the Federal Real Property and Federal Immovables Act. (bien réel fédéral) Her Majesty means Her Majesty in right of Canada. (Sa Majesté) Minister means the member of the Queen’s Privy Council for Canada who is designated as the Minister under section 3. (ministre) notice of adjudication means a written notice provided under subsection 16(2). (avis de renvoi) notice of non-payment means a written notice provided under subsection 9(3), 10(3) or 11(3). (avis de nonpaiement) proper invoice means an invoice submitted under subsection 9(1) that meets the requirements under this Act as well as any other requirements set out in the contract between the contractor and Her Majesty or a service provider that do not conflict with the requirements under this Act. (facture en règle)
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service provider means a party to a contract with Her Majesty under which that party is to provide Her Majesty with services related to federal real property or a federal immovable and may, for the purposes of fulfilling its obligations under that contract, enter into a contract with a person for the carrying out of a construction project, but does not include a party to such a contract if they are the lessor or lessee of the federal real property or federal immovable. (fournisseur de services) subcontractor means (a) a party to a contract with a contractor under which
that party is to perform construction work; and (b) a party to a contract with any person — other than
Her Majesty, a service provider or the contractor — under which that party is to perform construction work for the purposes of the same construction project for which the construction work referred to in paragraph (a) is to be performed. (sous-traitant)
Employment contract (2) The references to a contract in the definitions contractor, service provider and subcontractor in subsection (1) do not include a contract under which a party is to perform construction work as an employee.
Designation Minister 3 The Governor in Council may, by order, designate a
member of the Queen’s Privy Council for Canada as the Minister for the purpose of this Act.
Purpose of Act Purpose 4 The purpose of this Act is to promote the orderly and timely carrying out of construction projects in respect of any federal real property or federal immovable by addressing the non-payment of contractors and subcontractors who perform construction work for the purposes of those projects.
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Application of Act Application 5 This Act applies to Her Majesty, to any service provider and to any contractor or subcontractor that is to perform construction work for the purposes of a construction project located in Canada in respect of any federal real property or federal immovable.
Designation of province 6 (1) The Governor in Council may, by order, designate
any province if the Governor in Council is, taking into account any criteria set out in the regulations, of the opinion that the province has, by or under the laws of that province, enacted (a) a regime for the payment of contractors and subcontractors that is reasonably similar to the one set out in this Act; and (b) in case of non-payment of contractors or subcontractors, an adjudication regime that is reasonably similar to the one set out in this Act.
Non-application — designated province (2) If the Governor in Council designates a province under subsection (1), (a) subsections 8(2) and 9(5), sections 10 to 14 and
subsection 16(5) no longer apply to any contractor that is to perform construction work for the purposes of a construction project located in that province; (b) the provisions of this Act no longer apply to (i) any subcontractor that is to perform construction work for the purposes of that construction project, and (ii) any service provider that is to pay for construction work performed for the purposes of that construction project; and (c) the Governor in Council may, with respect to all
construction projects located in that province, adapt any provisions of this Act that apply to Her Majesty or continue to apply to contractors for the purpose of addressing any inconsistency or conflict between those provisions and the provincial law.
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Exception (3) Subsection (2) does not apply to a construction project if any part of that project straddles the border between two or more provinces.
Exemption 7 The Governor in Council may, by order, exempt any
construction project from the application of this Act.
Duty to inform potential contractor 8 (1) Before Her Majesty or a service provider enters into a contract with a person under which that person is to perform construction work, Her Majesty or that service provider must inform the person that they will be subject to this Act if they enter into the contract and provide them with any information prescribed by regulation.
Duty to inform subcontractor (2) Before a contractor or subcontractor enters into a contract with a person, under which that person is to perform construction work for the purposes of the same construction project for which the construction work referred to in subsection (1) is to be performed, that contractor or subcontractor must inform the person that they will be subject to this Act if they enter into the contract and provide them with any information prescribed by regulation.
Payments Between Parties Her Majesty or Service Provider to Contractor Submission of proper invoice 9 (1) A contractor must, on a monthly basis or as specified by its contract, submit a proper invoice in writing to Her Majesty or a service provider, as the case may be, with respect to any construction work that was performed by the contractor, or performed and invoiced by any subcontractor in the subcontracting chain, up to the date of the proper invoice and not yet paid for by Her Majesty or that service provider. Duty to pay (2) Her Majesty or the service provider must pay the
contractor for all of the construction work referred to in subsection (1) no later than the 28th day after the day on which the proper invoice is received.
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Non-payment (3) Despite subsection (2), Her Majesty or the service provider may decline to pay for some or all of the construction work referred to in subsection (1) if, no later than the 21st day after the day on which the proper invoice is received, Her Majesty or the service provider provides the contractor with a notice of non-payment.
No prior verification (4) A proper invoice is not subject to any requirement respecting prior verification of the construction work.
Right to information — proper invoice (5) On request, a contractor must inform any subcontractor in the subcontracting chain of the date on which Her Majesty or the service provider received a proper invoice from the contractor under subsection (1).
Contractor to Subcontractor Duty to pay 10 (1) A contractor that is paid by Her Majesty or a service provider under subsection 9(2) must, no later than the 35th day after the day on which the proper invoice is received by Her Majesty or a service provider, pay each of its subcontractors for the construction work that they invoiced and that was covered by the proper invoice and paid for by Her Majesty or the service provider.
Partial payment (2) For the purposes of subsection (1), if the contractor is
only paid in part, it must distribute the amount received from Her Majesty or the service provider in the following manner: (a) on a rateable basis, the contractor must pay any of
its subcontractors whose construction work is not covered by a notice of non-payment provided under subsection 9(3) and may retain any amount owed to the contractor by Her Majesty or the service provider for any of the contractor’s own construction work that is not covered by such a notice; and (b) then, from any remaining amount and on a rateable basis, the contractor must pay any of its subcontractors whose work is partly covered by a notice of non-payment provided under subsection 9(3) and may retain any amount owed to the contractor by Her Majesty or the service provider for any of the contractor’s own construction work that is partly covered by such a notice.
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Non-payment (3) Despite subsection (1), the contractor may decline to pay for some or all of the construction work if, no later than the 28th day after the day on which the proper invoice is received, the contractor provides the subcontractor with a notice of non-payment.
Subcontractor to Subcontractor Duty to pay 11 (1) A subcontractor that is paid by a contractor under subsection 10(1) must, no later than the 42nd day after the day on which the proper invoice is received by Her Majesty or the service provider, pay each of its subcontractors for the construction work that they invoiced and that was covered by the proper invoice and paid for by Her Majesty or the service provider.
Partial payment (2) For the purpose of subsection (1), if the subcontractor is only paid in part, it must distribute the amount received from the contractor in the following manner: (a) on a rateable basis, the subcontractor must pay
any of its subcontractors whose construction work is not covered by a notice of non-payment provided under subsection 10(3) and may retain any amount owed to the subcontractor by the contractor for any of the subcontractor’s own construction work that is not covered by such a notice; and (b) then, from any remaining amount and on a rateable basis, the subcontractor must pay any of its subcontractors whose work is partly covered by the notice of non-payment provided under subsection 10(3) and may retain any amount owed to the subcontractor by the contractor for any of the subcontractor’s own construction work that is partly covered by such a notice.
Non-payment (3) Despite subsection (1), the subcontractor may decline
to pay for some or all of the construction work if, no later than the 35th day after the day on which the proper invoice is received, the subcontractor provides its subcontractor with a notice of non-payment.
Further application — subcontracting chain (4) This section applies to any other subcontractor in the
subcontracting chain, with any necessary modifications, so that
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(a) any subcontractor that is paid under subsection (1) must pay its subcontractors no later than the 49th day after the day on which the proper invoice is received by Her Majesty or the service provider and those subcontractors must pay any of their subcontractors no later than the 56th day after the day on which the proper invoice is received and so on, in increments of seven days, until the end of the subcontracting chain; and (b) any subcontractor that is paid under subsection (1) may decline to pay any of its subcontractors if it provides them with a notice of non-payment no later than the 42nd day after the day on which the proper invoice is received by Her Majesty or the service provider and those subcontractors may decline to pay any of their subcontractors if they provide them with a notice of non-payment no later than the 49th day after the day on which the proper invoice is received and so on, in increments of seven days, until the end of the subcontracting chain.
Holdback Payment subject to holdback 12 (1) Any payment for construction work made to a
party under subsection 9(2), 10(1) or 11(1) may be subject to a holdback provided for by the contract entered into between that party and the party that is to pay them. Limit (2) However, the amount of a holdback made under the
contract cannot exceed what that amount would be if the holdback was made under the construction law of the province in which the construction project is located. Payment of holdback (3) The amount of the holdback must be paid by no later than the day on which that payment would be made under the construction law of the province in which the construction project is located.
Non-payment Notice of non-payment 13 A notice of non-payment must include the following: (a) a description of the construction work covered by the notice of non-payment; (b) the amount that will not be paid;
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(c) the reasons for the non-payment, including whether the party that must pay does not have the necessary funds to do so as a result of also receiving a notice of non-payment that covers the construction work referred to in paragraph (a); and (d) any other information prescribed by regulation.
Interest on unpaid amounts 14 (1) Interest must be paid and begins to accrue on the following unpaid amounts from the expiry of the time limit for payment provided under this Act or, when applicable, the shorter time limit set out in the contract between the parties: (a) any amount that is not covered by a notice of nonpayment; (b) any amount that is covered by a notice of non-payment, if the only reason for non-payment of that amount is that the party that must pay does not have the necessary funds to do so as a result of also receiving a notice of non-payment that covers the construction work that must be paid for; and (c) any amount that is covered by a notice of non-payment, if there is a reason for non-payment of that amount other than the reason referred to in paragraph (b), but only for the portion of that amount that an adjudicator orders to be paid.
Applicable interest rate (2) The interest rate applicable to the amounts referred to in subsection (1) is the rate prescribed by regulation or, if the contract between the parties sets out an interest rate, the greater of the rate prescribed by regulation and the rate set out in the contract.
Dispute Resolution Designation 15 The Minister may, in accordance with any criteria
prescribed by regulations, designate the Adjudicator Authority. Adjudication 16 (1) If a contractor or subcontractor has not been fully
paid for its construction work within the time limit for payment provided under this Act or, when applicable, the shorter time limit set out in its contract, that contractor or subcontractor may obtain from an adjudicator a determination respecting any dispute over the non-payment by the party that is to pay it under the contract.
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Notice to other party (2) A contractor or subcontractor that seeks to have the
dispute referred to in subsection (1) determined by an adjudicator must provide the party that is to pay it under the contract with a notice of adjudication no later than the 21st day after the later of the following: (a) the day on which the contractor receives a certificate of completion with respect to the construction project from Her Majesty or a service provider; and (b) if any of its construction work is covered by the last proper invoice submitted with respect to the construction project, the expiry of the time limit provided under this Act for payment for that work.
Notice of adjudication (3) A notice of adjudication must include the following: (a) the names of the parties to the dispute; (b) a brief description of the dispute, including details of how and when it arose; (c) the amount requested to be paid; (d) the name of a proposed adjudicator; and (e) any other information prescribed by regulation.
Proposed adjudicator (4) For the purposes of paragraph (3)(d), the name must be selected from a list of adjudicators established by the Adjudicator Authority and that selection cannot be restricted by contract.
Right to information — certificate of completion (5) On request, a contractor must inform any subcontractor in the subcontracting chain of the date on which the contractor received a certificate of completion with respect to the construction project from Her Majesty or the service provider. Joint appointment 17 (1) The parties to a dispute must jointly appoint an adjudicator to determine the dispute.
Request for appointment (2) If the parties are unable to jointly appoint an adjudicator, either party may request that the Adjudicator Authority appoint an adjudicator for them.
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Appointment (3) On request, the Adjudicator Authority must appoint
an adjudicator from a list of adjudicators it has established. Consent (4) The appointment of an adjudicator is subject to that adjudicator’s consent.
Determination 18 (1) An adjudicator must, except in the cases provided
for in the regulations, determine the dispute.
Determination binding (2) The adjudicator’s determination is binding on the
parties to the dispute unless they come to a written agreement or the determination is set aside by a court order or arbitral award. Authority of court or arbitrator (3) Nothing in this Act restricts the authority of a court
or of an arbitrator to consider the merits of a matter determined by an adjudicator. Compliance with determination 19 (1) If a party that is to pay for construction work under its contract is ordered by the adjudicator to make a payment, the party must make the payment no later than the 10th day after the day on which it received the adjudicator’s determination, or within any other time limit set out in the determination.
Filing of decision (2) If the party that is ordered to make the payment fails
to do so within the applicable time limit, the party that is to be paid may (a) suspend further construction work without this constituting a breach of the terms of its contract; and (b) file in the Federal Court or a superior court of a
province, as the case may be, a certified copy of the adjudicator’s determination within two years after the day on which that determination was received.
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Effect of filing (3) On the certified copy being filed, the determination becomes and may be enforced as an order of the Federal Court or superior court of a province, as the case may be.
Costs, fees and expenses 20 (1) Subject to subsection (2), each party to the adjudication must pay its own costs and an equal portion of the adjudicator’s fees and expenses. Exception (2) If the adjudicator is of the opinion that a party has
acted in an abusive, scandalous or vexatious manner or in bad faith, the adjudicator may order that party to pay some or all of the other party’s costs or some or all of the other party’s portion of the adjudicator’s fees and expenses.
No summons 21 The adjudicator is not to be required to produce or give evidence in respect of any matter that comes to their knowledge as a result of exercising their powers or performing their duties or functions under this Act.
General Provisions Regulations — Minister 22 The Minister may make regulations prescribing (a) the information referred to in section 8 and the form and manner in which it is to be submitted; (b) the form and content of a proper invoice and the manner in which it is to be submitted; (c) the form and any additional content of a notice of
non-payment and the manner in which it is to be submitted; (d) the powers, duties and functions of the Adjudicator Authority; (e) the eligibility and qualifications of individuals who may be designated as adjudicators; (f) the powers, duties and functions of adjudicators; (g) the maximum fees for the services of an adjudicator;
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Chapter 29: Budget Implementation Act, 2019, No. 1 PART 4 Various Measures DIVISION 26 Federal Prompt Payment for Construction Work Act Enactment of Act Sections 387-388
(h) the form and any additional content of a notice of
adjudication and the manner in which it is to be submitted; and (i) the procedure and time limits governing the adjudication. Regulations — Governor in Council 23 The Governor in Council may make regulations generally for carrying out the purposes and provisions of this Act, including regulations prescribing (a) criteria for the purpose of subsection 6(1); and (b) in respect of any province, any days that are to be excluded from the computation of time for the purposes of the time limits referred to in sections 9 to 11.
Section 126 of Criminal Code 24 Section 126 of the Criminal Code does not apply to or
in respect of any contravention or alleged contravention of any provision of this Act or its regulations.
Transitional Provision Non-application for one year 25 For one year after the day on which this Act comes into force, this Act does not apply in respect of the following contracts to perform construction work: (a) a contract entered into by a contractor, before the
day on which this Act comes into force, with Her Majesty or a service provider; and (b) a contract entered into by a subcontractor, before
the day on which this Act comes into force or within one year after that day, with a contractor referred to in paragraph (a) or with any other subcontractor.
Coming into Force Order in council 388 This Division comes into force on a day to be fixed by order of the Governor in Council.
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SCHEDULE 1 (Section 101)
SCHEDULE (Subsections 21.31(2), (3) and (6))
Offences 1 An offence under any of the following provisions of the Criminal Code: (a) subsection 57(1) (forgery of or uttering forged
passport);
(b) subsection 74(1) (piracy by law of nations); (c) section 75 (piratical acts); (d) section 83.02 (providing or collecting property for
certain activities);
(e) section 83.03 (providing, making available, etc.,
property or services for terrorist purposes);
(f) section 83.04 (using or possessing property for terrorist purposes);
(g) section 83.12 (freezing of property, disclosure or
audit);
(h) subsection 83.18(1) (participation in activity of terrorist group);
(i) section 83.181 (leaving Canada to participate in activity of terrorist group); (j) subsection 83.19(1) (facilitating terrorist activity); (k) section 83.191 (leaving Canada to facilitate terrorist activity); (l) section 83.2 (commission of offence for terrorist group); (m) section 83.201 (leaving Canada to commit offence
for terrorist group);
(n) section 83.202 (leaving Canada to commit offence
that is terrorist activity);
(o) subsection 83.21(1) (instructing to carry out activity for terrorist group);
(p) subsection 83.22(1) (instructing to carry out terrorist activity);
(q) subsection 83.221(1) (advocating or promoting commission of terrorism offences);
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Chapter 29: Budget Implementation Act, 2019, No. 1 SCHEDULE 1
(r) subsections 83.23(1) and (2) (concealing person
who carried out terrorist activity and concealing person who is likely to carry out terrorist activity);
(s) subsections 83.231(1), (3) and (4) (hoax — terrorist
activity, causing bodily harm and causing death);
(t) subsection 99(1) (weapons trafficking); (u) subsection 100(1) (possession for purpose of weapons trafficking); (v) subsection 101(1) (transfer without authority); (w) subsection 103(1) (importing or exporting knowing it is unauthorized);
(x) subsection 104(1) (unauthorized importing or exporting); (y) subsection 119(1) (bribery of judicial officers, etc.); (z) section 120 (bribery of officers); (z.001) subsections 121(1) and (2) (frauds on the government and contractor subscribing to election fund); (z.002) subsection 121.1(1) (selling, etc., of tobacco
products and raw leaf tobacco);
(z.003) section 122 (breach of trust by public officer); (z.004) subsection 123(1) (municipal corruption); (z.005) section 124 (selling or purchasing office); (z.006) section 125 (influencing or negotiating appointments or dealing in offices); (z.007) subsection 235(1) (murder); (z.008) section 236 (manslaughter); (z.009) subsection 239(1) (attempt to commit murder);
(z.01) section 240 (accessory after fact to murder); (z.011) subsection 264.1(1) (uttering threats); (z.012) section 266 (assault); (z.013) section 267 (assault with a weapon or causing
bodily harm);
(z.014) subsection 268(1) (aggravated assault); (z.015) section 269 (unlawfully causing bodily harm); (z.016) subsection 269.1(1) (torture);
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Chapter 29: Budget Implementation Act, 2019, No. 1 SCHEDULE 1
(z.017) subsection 270(1) (assaulting a peace officer); (z.018) subsection 270.01(1) (assaulting peace officer with weapon or causing bodily harm); (z.019) section 270.02 (aggravated assault of peace officer);
(z.02) subsection 270.1(1) (disarming a peace officer); (z.021) section 271 (sexual assault); (z.022) subsection 272(1) (sexual assault with a weapon, threats to a third party or causing bodily harm); (z.023) subsection 273(1) (aggravated sexual assault); (z.024) subsection 279(1) (kidnapping); (z.025) subsection 279.01(1) (trafficking in persons); (z.026) subsection 279.011(1) (trafficking of a person
under 18 years);
(z.027) subsections 279.02(1) and (2) (material benefit — trafficking of a person); (z.028) subsections 279.03 (1) and (2) (withholding or destroying documents — trafficking of a person); (z.029) subsections 279.1(1) and (2) (hostage taking); (z.03) subsection 280(1) (abduction of person under
16 years);
(z.031) section 281 (abduction of person under 14
years);
(z.032) subsections 286.2(1) and (2) (material benefit from sexual services); (z.033) subsections 286.3(1) and (2) (procuring); (z.034) subsection 322(1) (theft); (z.035) section 324 (theft by bailee of things under
seizure);
(z.036) subsection 326(1) (theft of telecommunication
service);
(z.037) subsection 327(1) (possession of device to obtain use of telecommunication facility or telecommunication service); (z.038) subsection 330(1) (theft by person required to account); (z.039) section 331 (theft by person holding power of
attorney);
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(z.04) subsection 332(1) (misappropriation of money
held under direction);
(z.041) subsection 333.1(1) (motor vehicle theft); (z.042) subsection 335(1) (taking motor vehicle or vessel or found therein without consent); (z.043) section 336 (criminal breach of trust); (z.044) subsections 338(1) and (2) (fraudulently taking cattle or defacing brand and theft of cattle); (z.045) subsection 339(1) (taking possession, etc., of drift timber); (z.046) section 340 (destroying documents of title); (z.047) section 341 (fraudulent concealment); (z.048) subsections 342(1) and (3) (theft, forgery, etc., of credit card and unauthorized use of credit card data); (z.049) subsection 342.1(1) (unauthorized use of computer);
(z.05) section 343 (robbery); (z.051) subsections 346(1) and (1.1) (extortion); (z.052) subsection 354(1) (possession of property obtained by crime);
(z.053) section 355.2 (trafficking in property obtained by crime); (z.054) section 355.4 (possession of property obtained by crime — trafficking); (z.055) section 369 (exchequer bill paper, public
seals, etc.);
(z.056) subsections 372(1), (2) and (3) (false information, indecent communications and harassing communications); (z.057) section 374 (drawing document without authority, etc.); (z.058) section 375 (obtaining, etc., by instrument
based on forged document);
(z.059) subsections 376(1) and (2) (counterfeiting
stamp, etc. and counterfeiting mark);
(z.06) subsection 377(1) (damaging documents); (z.061) section 378 (offences in relation to registers);
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Chapter 29: Budget Implementation Act, 2019, No. 1 SCHEDULE 1
(z.062) subsections 380(1) and (2) (fraud and affecting public market);
(z.063) section 381 (using mails to defraud); (z.064) section 382 (fraudulent manipulation of stock
exchange transactions);
(z.065) subsections 382.1(1) and (2) (prohibited insider trading and tipping);
(z.066) subsection 385(1) (fraudulent concealment of title documents); (z.067) section 386 (fraudulent registration of title); (z.068) section 387 (fraudulent sale of real property); (z.069) section 388 (misleading receipt); (z.07) subsection 389(1) (fraudulent disposal of goods
on which money advanced);
(z.071) section 390 (fraudulent receipts under Bank
Act);
(z.072) section 392 (disposal of property to defraud creditors); (z.073) subsections 393(1), (2), and (3) (fraud in relation to fares, etc. and fraudulently obtaining transportation); (z.074) subsection 394(5) (fraud in relation to valuable mineral, sale of valuable minerals and purchase of valuable minerals);
(z.075) subsection 396(1) (offences in relation to
mines);
(z.076) section 406 (forging trade-mark); (z.077) section 407 (forging trade-mark with intent to deceive or defraud); (z.078) section 408 (passing off); (z.079) subsection 409(1) (instruments for forging
trade-mark);
(z.08) section 410 (other offences in relation to trademarks);
(z.081) section 411 (used goods sold without disclosure);
(z.082) subsections 426(1) and (2) (secret commissions);
(z.083) section 449 (make counterfeit money);
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Chapter 29: Budget Implementation Act, 2019, No. 1 SCHEDULE 1
(z.084) section 450 (possession, etc., of counterfeit
money);
(z.085) section 451 (having clippings, etc.); (z.086) section 452 (uttering, etc., counterfeit money);
(z.087) section 453 (uttering coin); (z.088) section 454 (slugs and tokens); (z.089) section 455 (clipping and uttering clipped
coin);
(z.09) section 456 (defacing current coins); (z.091) subsection 457(3) (likeness of bank-notes); (z.092) section 458 (making, having or dealing in instruments for counterfeiting); (z.093) section 459 (conveying instruments for coining out of mint);
(z.094) subsection 460(1) (advertising and dealing in
counterfeit money, etc.);
(z.095) subsection 462.31(1) (laundering proceeds of
crime);
(z.096) subsection 467.11(1) (participation in activities of criminal organization);
(z.097) section 467.111 (recruitment of members by a criminal organization); (z.098) subsection 467.12(1) (commission of offence
for criminal organization);
(z.099) subsection 467.13(1) (instructing commission of offence for criminal organization).
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Chapter 29: Budget Implementation Act, 2019, No. 1 SCHEDULE 1
2 An offence under section 42 of the Copyright Act. 3 An offence under any of the following provisions of the
Customs Act:
(a) subsection 160(1), in respect of the contravention of any of sections 153, 155, 156, 159 and 159.1; (b) section 160.1, in respect of the contravention of section 153.1; (c) section 161, in respect of the contravention of section 154 or 157. 4 An offence under any of the following provisions of the
Controlled Drugs and Substances Act:
(a) subsections 5(1) and (2) (trafficking in substance
and possession for purpose of trafficking);
(b) subsections 6(1) and (2) (importing and exporting
and possession for the purpose of exporting);
(c) subsection 7(2) (production of substance). 5 An offence under any of the following provisions of the
Corruption of Foreign Public Officials Act:
(a) subsection 3(1) (bribing a foreign public official); (b) subsection 4(1) (accounting); (c) subsection Canada).
5(1)
(offence
committed
outside
6 An offence under any of the following provisions of the Canadian Environmental Protection Act, 1999: (a) subsection 272(1); (contravention by persons of
certain provisions);
(b) subsection 272.1(1); (contravention by persons of certain provisions); (c) subsection 272.2 (1) (failure to comply with designated regulations); (d) subsections 272.4(1), (2) and (3); (contravention by ships of certain provisions); (e) subsections 272.5(1), (2) and (3); (contravention by ships of certain provisions); (f) subsections 274(1) and (2) (damage to environment and risk of death or harm to persons and criminal negligence). 7 An offence under any of the following provisions of the Immigration and Refugee Protection Act:
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Chapter 29: Budget Implementation Act, 2019, No. 1 SCHEDULE 1
(a) subsections 117(2) and (3) (organizing entry into
Canada);
(b) subsection 118(1) (trafficking in persons); (c) section 119 (disembarking persons at sea). 8 An offence under any of the following provisions of the
Cannabis Act:
(a) subsections 9(1) and (2) (distribution and possession for purpose of distributing); (b) subsections 10(1) and (2) (selling and possession for purpose of selling); (c) subsections 11(1) and (2) (importing and exporting and possession for purpose of exporting); (d) subsections 12(1), (4), (5), (6) and (7) (production, cultivation, propagation and harvesting); (e) subsection 13(1) (possession, etc., for use in production or distribution of illicit cannabis);
(f) subsection 14(1) (use of young person). 9 An offence under any Act of Parliament or law of the
legislature of a province that provides for the imposition of a tax or duty for which the maximum term of imprisonment is five years or more.
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SCHEDULE 2 (Section 178)
SCHEDULE A (Section 2.4)
PART 1
Things that Fall Within Definition “Food” in Section 2 Item
Description
PART 2
Things that Fall Within Definition “Drug” in Section 2 Item
Description
PART 3
Things that Fall Within Definition “Cosmetic” in Section 2 Item
Description
PART 4
Things that Fall Within Definition “Device” in Section 2 Item
Description
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SCHEDULE 3 (Section 179)
SCHEDULE G (Sections 2 and 21.91) Item
Description
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Chapter 29: Budget Implementation Act, 2019, No. 1 SCHEDULE 4
SCHEDULE 4 (Section 315)
SCHEDULE (Section 8 and subparagraph 10(c)(i))
Metrics
Published under authority of the Speaker of the House of Commons 2015-2016-2017-2018-2019
Disponible sur le site Web de la Chambre des comm
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First Session, Forty-second Parliament, 64-65-66-67-68 Elizabeth II, 2015-2016-2017-2018-2019
STATUTES OF CANADA 2019
CHAPTER 15
An Act to amend the National Defence Act and to make related and consequential amendments to other Acts
ASSENTED TO JUNE 21, 2019 BILL C-77
SUMMARY This enactment amends provisions of the National Defence Act governing the military justice system. It adds a new Division, entitled “Declaration of Victims Rights”, to the Code of Service Discipline, that specifies that victims of service offences have a right to information, protection, participation and restitution in respect of service offences. It adds or amends several definitions, including “victim” and “military justice system participant”, and specifies who may act on a victim’s behalf for the purposes of that Division.
It amends Part III of that Act to, among other things, (a) specify the purpose of the Code of Service Discipline and the fundamental purpose of imposing sanctions at summary hearings; (b) protect the privacy and security of victims and witnesses in proceedings involving certain sexual offences; (c) specify factors that a military judge is to take into consideration when determining whether to make an exclusion order; (d) make testimonial aids more accessible to vulnerable witnesses; (e) allow witnesses to testify using a pseudonym in appropriate cases; (f) on application, make publication bans for victims under the age of 18 mandatory; (g) in certain circumstances, require a military judge to inquire of the prosecutor if reasonable steps have been taken to inform the victims of any plea agreement entered into by the accused and the prosecutor; (h) provide that the acknowledgment of the harm done to the victims and to the community is a sentencing objective; (i) provide for different ways of presenting victim impact statements; (j) allow for military impact statements and community impact statements to be considered for all service offences; (k) provide, as a principle of sentencing, that particular attention should be given to the circumstances of Aboriginal offenders; (l) provide for the creation, in regulations, of service infractions that can be dealt with by summary hearing; (m) provide for a scale of sanctions in respect of service infractions and for the principles applicable to those sanctions; (n) provide for a six-month limitation period in respect of summary hearings; and
i
Chapter 15: An Act to amend the National Defence Act and to make related and consequential amendments to other Acts SUMMARY
(o) provide superior commanders, commanding officers and delegated officers with jurisdiction to conduct a summary hearing in respect of a person charged with having committed a service infraction if the person is at least one rank below the officer conducting the summary hearing.
Finally, the enactment makes related and consequential amendments to certain Acts. Most notably, it amends the Criminal Code to include military justice system participants in the class of persons against whom offences relating to intimidation of a justice system participant can be committed.
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ii
64-65-66-67-68 ELIZABETH II
CHAPTER 15 An Act to amend the National Defence Act and to make related and consequential amendments to other Acts [Assented to 21st June, 2019] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: R.S., c. N-5
National Defence Act 1 The heading before section 2 of the French version of the National Defence Act is replaced by the following:
Définitions et interprétation 2 (1) The definitions service tribunal and summary trial in subsection 2(1) of the Act are repealed.
(2) The definition infraction d’ordre militaire in subsection 2(1) of the French version of the Act is replaced by the following:
infraction d’ordre militaire Infraction — à la présente loi, au Code criminel ou à une autre loi fédérale — commise par un justiciable du code de discipline militaire. (service offence) (3) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:
military justice means all aspects of the application of the Code of Service Discipline; (justice militaire) military justice system participant means a person who plays a role in the administration of military justice, including (a) the Minister,
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Chapter 15: An Act to amend the National Defence Act and to make related and consequential amendments to other Acts National Defence Act Section 2
(b) the Judge Advocate General, (c) an officer and non-commissioned member who
acts under the supervision of the Judge Advocate General, (d) a prosecutor and counsel for an accused person, (e) a military judge, (f) a superior commander, a commanding officer
and a delegated officer, as defined in section 162.3, (g) a custody review officer, as defined in section
153, (h) a member of a panel of a General Court Martial
and an officer and non-commissioned member who has been appointed to be a member of a such a panel, (i) an officer and non-commissioned member who is
appointed by a commanding officer for the purpose of supporting a court martial, (j) an officer and non-commissioned member who is
authorized to lay or refer a charge, (k) a prospective witness, a witness who has been summoned to appear and a witness who has testified, (l) an officer and non-commissioned member referred
to in paragraph (g) of the definition peace officer in section 2 of the Criminal Code, (m) a commanding officer of a service prison or detention barrack and a person who acts under the supervision of such a commanding officer, and (n) a person who acts under the supervision of the
Chief Military Judge or the Court Martial Administrator; (personne associée au système de justice militaire) service infraction means a service infraction created by regulations made by the Governor in Council; (manquement d’ordre militaire) summary hearing means a hearing conducted under section 163; (audience sommaire) victim means an individual against whom a service offence has been committed, or is alleged to have been committed, who has suffered, or is alleged to have suffered, physical or emotional harm, property damage or economic loss as a result of the commission or alleged commission of the offence and includes, for the purposes of Division 1.1 of Part III, an individual who has suffered
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Chapter 15: An Act to amend the National Defence Act and to make related and consequential amendments to other Acts National Defence Act Sections 2-3
physical or emotional harm, property damage or economic loss as a result of the commission of a service offence against any person. (victime) (4) Section 2 of the Act is amended by adding the following after subsection (1):
Acting on victim’s behalf (1.1) Any of the following individuals may exercise a victim’s rights under Division 1.1 of Part III: (a) if the victim is dead or is incapable, other than for
operational reasons, of acting on their own behalf, (i) the victim’s spouse or the individual who was at the time of the victim’s death their spouse, (ii) the individual who is, or was at the time of the victim’s death, cohabiting with them in a conjugal relationship, having so cohabited for a period of at least one year, (iii) a relative or dependant of the victim, (iv) an individual who has in law or fact custody of,
or is responsible for the care or support of, the victim, and (v) an individual who has in law or fact custody of, or is responsible for the care or support of, a dependant of the victim; and (b) if, for operational reasons, the victim is unable to
act on their own behalf and has requested the appointment of a member of the Canadian Forces to act on their behalf, a member appointed by the Chief of the Defence Staff or any officer authorized by the Chief of Defence Staff.
Exception — not a victim (1.2) An individual is not a victim in relation to a service offence, or entitled to exercise a victim’s rights under Division 1.1 of Part III, if the individual is charged with the offence, found guilty of the offence or found unfit to stand trial or not responsible on account of mental disorder in respect of the offence. R.S., c. 31 (1st Supp.), s. 60 (Sch. I, s. 13)
3 Paragraph 30(4)(a) of the Act is replaced by the
following:
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(a) an officer or non-commissioned member has been
released from the Canadian Forces or transferred from one component to another by reason of a sentence of dismissal or a finding of guilty by a court martial or any civil court, and 4 The Act is amended by adding the following after the heading of Part III:
Purpose Purpose 55 (1) The purpose of the Code of Service Discipline is
to maintain the discipline, efficiency and morale of the Canadian Forces. Clarification (2) For greater certainty, the behaviour of persons who
are subject to the Code of Service Discipline relates to the discipline, efficiency and morale of the Canadian Forces even when those persons are not on duty, in uniform or on a defence establishment. 1998, c. 35, s. 20
5 (1) Paragraphs 66(1)(a) and (b) of the Act are
replaced by the following: (a) has been found not guilty by a court martial, civil
court or court of a foreign state on a charge of having committed that offence; or (b) has been found guilty by a court martial, civil court or court of a foreign state on a charge of having committed that offence. R.S., c. 31 (1st Supp.), s. 45; 1998, c. 35, s. 20
(2) Subsections 66(2) and (3) of the Act are replaced by the following:
Exception (2) Nothing in subsection (1) affects the validity of a new trial held under section 249 or a new trial directed by a court having jurisdiction to do so.
Effect of other offences admitted at previous trial (3) A person who, under section 194, has been sentenced in respect of a service offence admitted by that person may not be tried by a court martial or civil court in respect of that offence. 6 The portion of section 70 of the Act before
paragraph (a) is replaced by the following:
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Offences not triable by courts martial 70 A court martial does not have jurisdiction to try any
person charged with any of the following offences committed in Canada: 7 The Act is amended by adding the following after section 71:
DIVISION 1.1
Declaration of Victims Rights Interpretation Definition of military justice system 71.01 For the purposes of this Division, military justice
system means (a) the investigation of service offences, the processes
for the laying and referral of charges of service offences and their prosecution; (b) the process for the carrying out of punishments in
relation to service offences, except in respect of any service prisoners and service convicts who have been committed to a penitentiary or civil prison; and (c) the proceedings of a court martial or a Review
Board, as defined in section 197, in respect of an accused person who is found unfit to stand trial or not responsible on account of mental disorder.
Rights Information General information 71.02 Every victim has the right, on request, to information about (a) the military justice system and the role of victims in it; (b) the services and programs available to them as a victim; and (c) their right to file a complaint for an infringement or denial of any of their rights under this Division.
Investigation and proceedings 71.03 Every victim has the right, on request, to information about
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(a) the status and outcome of the investigation into
the service offence; and (b) the location of proceedings in relation to the offence, when they will take place and their progress and outcome. Information about offender or accused 71.04 (1) Every victim has the right, on request, to information about (a) the offender while they are in a service prison or
detention barrack; (b) the release of the offender from a service prison or detention barrack; (c) hearings held for the purpose of making dispositions under any of sections 201, 202 and 202.16 and the dispositions made at those hearings; and (d) hearings held by a Review Board under section 202.25 and the dispositions made at those hearings.
Disclosure of information (2) Information may be disclosed for the purposes of paragraphs (1)(a) and (b) subject to and in accordance with regulations made by the Governor in Council.
Protection Security 71.05 Every victim has the right to have their security considered by the appropriate authorities in the military justice system.
Protection from intimidation and retaliation 71.06 Every victim has the right to have reasonable and
necessary measures taken by the appropriate authorities in the military justice system to protect the victim from intimidation and retaliation. Privacy 71.07 Every victim has the right to have their privacy
considered by the appropriate authorities in the military justice system. Identity protection 71.08 Every victim has the right to request that their identity be protected if they are a complainant in respect
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of the service offence or a witness in proceedings relating to the service offence. Testimonial aids 71.09 Every victim has the right to request testimonial
aids when appearing as a witness in proceedings relating to the service offence.
Participation Views to be considered 71.1 Every victim has the right to convey their views
about decisions to be made by appropriate authorities in the military justice system that affect the victim’s rights under this Division and to have those views considered.
Victim impact statement 71.11 Every victim has the right to present a victim impact statement to the appropriate authorities in the military justice system and to have it considered.
Restitution Restitution order 71.12 Every victim has the right to have the court martial consider making a restitution order against the offender.
Enforcement 71.13 Every victim in whose favour a restitution order is
made has the right, if they are not paid, to have the order entered as a civil court judgment that is enforceable against the offender.
General Provisions Application 71.14 (1) This Division applies in respect of a victim of a service offence in their interactions with the military justice system (a) while the offence is being investigated or prosecuted or the charge is being referred; (b) while the offender is serving a punishment in relation to the offence, unless the offender is a service prisoner or service convict who has been committed to a penitentiary or civil prison; and (c) while the accused person is, in relation to the offence, under the jurisdiction of a court martial or a
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Review Board, as defined in section 197, if they are found unfit to stand trial or not responsible on account of mental disorder.
Reporting of offence (2) For the purpose of subsection (1), if an offence is reported to the appropriate authorities in the military justice system, the investigation of the offence is deemed to begin at the time of the reporting. Exercise of rights 71.15 (1) The rights of victims under this Division are
to be exercised through the mechanisms provided by law.
Connection to Canada (2) A victim is entitled to exercise their rights under this Division only if (a) they are present in Canada; or (b) they are a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act.
Victim’s liaison officer 71.16 (1) Unless he or she is of the opinion that it is not
possible to do so for operational reasons, a commanding officer shall, at the request of the victim, appoint an officer or non-commissioned member, who satisfies the conditions established in regulations made by the Governor in Council, to be a liaison officer to assist the victim as provided for in subsection (3). The commanding officer shall, to the extent possible, appoint the officer or noncommissioned member who has been requested by the victim to be their liaison officer. Absence or incapacity (2) In the event of the absence or incapacity of the victim’s liaison officer, a commanding officer shall appoint another officer or non-commissioned member to replace the liaison officer during that absence or incapacity, unless it is not possible to do so for operational reasons. Role of victim’s liaison officer (3) Assistance by a victim’s liaison officer consists of (a) explaining to the victim the manner in which service offences are charged, dealt with and tried under the Code of Service Discipline; and
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(b) obtaining and transmitting to the victim information relating to a service offence that the victim has requested and to which the victim has a right under this Division. Interpretation of this Division 71.17 This Division is to be construed and applied in a
manner that is reasonable in the circumstances and in a manner that is not likely to (a) interfere with the proper administration of military justice, including (i) by causing interference with investigative discretion or by causing excessive delay in, compromising or hindering the investigation of any service offence, (ii) by causing interference with charge laying discretion in respect of any service offence, or by causing excessive delay in, compromising or hindering the laying or referral of a charge in respect of any service offence, and (iii) by causing interference with prosecutorial discretion or by causing excessive delay in, compromising or hindering the prosecution of any service offence; (b) interfere with ministerial discretion in respect of any service offence; (c) interfere with the discretion that may be exercised by any person or body authorized to release an accused person or offender into the community; (d) endanger the life or safety of any individual; or (e) cause injury to international relations, national defence or national security.
Interpretation of other Acts, regulations, etc. 71.18 To the extent that it is possible to do so, every Act
of Parliament enacted — and every order, rule or regulation made under such an Act — before, on or after the day on which this Division comes into force is to be construed and applied in a manner that is compatible with the rights provided for under this Division.
Primacy in event of inconsistency 71.19 (1) If, after the application of sections 71.17 and
71.18, there is any inconsistency between any provision of
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this Division and any provision of any Act, order, rule or regulation referred to in section 71.18, the provision of this Division prevails to the extent of the inconsistency.
Exception — Acts, regulations, etc. (2) Subsection (1) does not apply in respect of the Canadian Bill of Rights, the Canadian Human Rights Act, the Official Languages Act, the Access to Information Act, the Privacy Act and the Canadian Victims Bill of Rights and in respect of any orders, rules and regulations made under any of those Acts.
No adverse inference 71.2 No adverse inference is to be drawn against a person who is charged with a service offence from the fact that an individual has been identified as a victim in relation to the service offence.
Entering or remaining in Canada 71.21 Nothing in this Division is to be construed so as to
permit any individual to (a) enter Canada or remain in Canada beyond the end of the period for which they are authorized to so remain; (b) delay any removal proceedings or prevent the enforcement of any removal order; or (c) delay any extradition proceedings or prevent the extradition of any person to or from Canada.
Remedies Complaint 71.22 (1) Every victim who is of the opinion that any of
their rights under this Division have been infringed or denied by an authority within the military justice system has the right to file a complaint in accordance with regulations made by the Governor in Council. Complaints mechanism (2) Regulations made by the Governor in Council may,
among other things, provide for (a) the review of complaints involving alleged infringements or denials of rights under this Division; (b) the power to make recommendations to remedy such infringements and denials; and
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(c) the obligation to notify victims of the result of
those reviews and of any recommendations that were made. Status 71.23 Nothing in this Division is to be construed as
granting to, or removing from, any victim, any individual acting on behalf of a victim or any victim’s liaison officer the status of a party, intervenor or observer in any proceedings. No cause of action 71.24 No cause of action or right to damages arises from
an infringement or denial of a right under this Division. For greater certainty, nothing in this section is to be construed as affecting any other cause of action or right to damages. No appeal 71.25 No appeal lies from any decision or order solely
on the grounds that a right under this Division has been infringed or denied. 2013, c. 24, s. 17
8 Subsection 118(1) of the Act is replaced by the
following: Definition of tribunal 118 (1) For the purposes of this section and section 119, tribunal includes a court martial, a military judge, an officer conducting a summary hearing, the Grievances Committee, the Military Judges Inquiry Committee, the Military Police Complaints Commission, a board of inquiry, a commissioner taking evidence under this Act and any inquiry committee established under regulations.
1998, c. 35, s. 32
9 Section 118.1 of the Act is replaced by the following:
Failure to appear or attend 118.1 Every person who, being duly summoned or ordered to appear before a court martial or a military judge, as an accused, or before an officer conducting a summary hearing, as a person charged with having committed a service infraction, fails, without lawful excuse, the proof of which lies on the person, to appear as summoned or ordered, or to remain in attendance, is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment.
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10 (1) The portion of subsection 130(1) of the
French version of the Act after paragraph (b) is replaced by the following: Quiconque en est condamné encourt la peine prévue au paragraphe (2). (2) The portion of subsection 130(2) of the Act before paragraph (a) is replaced by the following:
Punishment (2) Subject to subsection (3), if a court martial convicts a
person under subsection (1), it shall,
1992, c. 16, s. 1; 2013, c. 24, s. 18(E)
11 Subsections 137(2) and (3) of the Act are repealed. 12 Section 138 of the Act is replaced by the following: Special finding of guilty 138 A court martial may, instead of making a finding of not guilty, make a special finding of guilty if it concludes that (a) the facts proved in respect of an offence being
tried by it differ materially from the facts alleged in the statement of particulars but are sufficient to establish the commission of the offence charged; and (b) the difference between the facts proved and the facts alleged in the statement of particulars has not prejudiced the accused person in their defence.
If the court martial makes a special finding of guilty, it shall state the differences between the facts proved and the facts alleged in the statement of particulars. R.S., c. 31 (1st Supp.), s. 60 (Sch. I, s. 40); 1998, c. 35, par. 92(c)
13 Subsection 141(1) of the English version of the
Act is replaced by the following: Dismissal with disgrace 141 (1) If a court martial imposes a punishment of dismissal with disgrace from Her Majesty’s service on an officer or non-commissioned member, it may, in addition, despite any other provision of this Division, impose a punishment of imprisonment for less than two years. 1998, c. 35, s. 39
14 Subsection 145(3) of the Act is replaced by the following:
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Variation of terms of payment (3) The terms of payment of a fine may be varied by the
military judge who imposed the fine or a military judge designated by the Chief Military Judge. 15 Section 147 of the Act is repealed. 16 The Act is amended by adding the following after section 147.5:
Order to Abstain from Communicating If injury or damage feared 147.6 (1) An information may, in accordance with regulations made by the Governor in Council, be laid before a military judge by or on behalf of any victim who fears on reasonable grounds that a person who is subject to the Code of Service Discipline will cause physical or emotional harm to the victim, to the victim’s spouse, to a person who is cohabiting with the victim in a conjugal relationship, having so cohabited for a period of at least one year, or to the victim’s child or will cause damage to the victim’s property.
Parties to appear (2) The military judge who receives the information shall
cause the parties to appear before the military judge, either in person or otherwise. Order (3) The military judge may, if satisfied by the evidence
that there are reasonable grounds for the victim’s fears, order that the person who is subject to the Code of Service Discipline and who is referred to in the information (a) abstain from communicating, directly or indirectly, with any of the following individuals who are specified in the order: (i) the victim, (ii) the victim’s spouse, (iii) a person who is cohabiting with the victim in a
conjugal relationship, having so cohabited for a period of at least one year, (iv) the victim’s child; (b) refrain from going to any place specified in the order; or (c) comply with any other condition specified in the
order that the military judge considers necessary.
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Absence of military judge (4) If, for operational reasons, no military judge is available, the information may be laid before a commanding officer and, if it is so laid, that commanding officer has all the powers of a military judge that are set out in subsection (3). Review (5) Every decision of a commanding officer to make or not make an order under subsection (3) must be reviewed as soon as feasible by a military judge. The military judge may, at the conclusion of the review, amend any order that was made and, if none was made, make any order under that subsection. R.S., c. 31 (1st Supp.), s. 50
17 (1) The portion of subsection 157(1) of the Act before paragraph (a) is replaced by the following:
Issue of warrants 157 (1) Subject to subsection (2), every commanding officer, and every officer to whom a commanding officer has, under section 162.94, delegated the power to conduct a summary hearing, may by a warrant under his or her hand authorize any person to arrest any person subject to the Code of Service Discipline who R.S., c. 31 (1st Supp.), s. 50
(2) Paragraphs 157(1)(a) to (c) of the English version of the Act are replaced by the following: (a) has committed a service offence; (b) is believed on reasonable grounds to have committed a service offence; or (c) is charged under this Act with having committed a service offence. R.S., c. 31 (1st Supp.), s. 50
(3) The portion of subsection 157(1) of the English version of the Act after paragraph (c) is repealed. (4) Section 157 of the Act is amended by adding the following after subsection (2):
Limitation (2.1) An officer authorized to issue a warrant under this
section shall not issue a warrant for the arrest of any person who is a member of, serving with, or attached or seconded to the same unit of the Canadian Forces as the officer.
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1998, c. 35, s. 42
18 (1) Paragraph 158(1)(d) of the Act is replaced
by the following: (d) the need to ensure that the person under arrest
will appear before a court martial or civil court to be dealt with according to law; 1998, c. 35, s. 42
(2) Paragraph 158(1)(f) of the Act is replaced by
the following: (f) the necessity to ensure the safety and security of the person under arrest, any victim of the offence, or any other person. 19 (1) Section 158.6 of the Act is amended by
adding the following after subsection (1):
Consideration of victim’s safety and security (1.1) If the custody review officer directs that the person be released, with or without conditions, the custody review officer shall include in the direction a statement that he or she has considered the safety and security of every victim of the alleged offence.
Copy to victim (1.2) The custody review officer shall, on request by a victim of the alleged offence, cause a copy of the direction to be given to the victim. 1998, c. 35, s. 42
(2) Subsection 158.6(3) of the Act is replaced by
the following: Powers (3) After giving a representative of the Canadian Forces
and the released person an opportunity to be heard, the officer conducting the review may make any direction that a custody review officer may make under subsection (1). If he or she makes a direction, subsections (1.1) and (1.2) apply with any necessary modifications. 20 The Act is amended by adding the following after section 158.6:
Direction — no communication 158.61 If a custody review officer directs that a person be retained in custody, the custody review officer may also direct that the person abstain from communicating, directly or indirectly, with any victim, witness or other person specified in the direction except in accordance with any conditions specified in the direction that the officer considers necessary.
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1998, c. 35, s. 42
21 Paragraph 159.2(a) of the Act is replaced by the following: (a) custody is necessary to ensure the person’s attendance before a court martial or civil court to be dealt with according to law; 22 The Act is amended by adding the following after section 159.3:
Direction — no communication 159.31 If a military judge directs that a person be retained in custody, the military judge may also direct that the person abstain from communicating, directly or indirectly, with any victim, witness or other person specified in the direction, except in accordance with any conditions specified in the direction that the military judge considers necessary. 23 Section 159.7 of the Act is renumbered as subsection 159.7(1) and is amended by adding the following: Consideration of victim’s safety and security (2) If the military judge directs that a person be released, with or without conditions, the military judge shall include in the direction a statement that he or she has considered the safety and security of every victim of the alleged offence.
Copy to victim (3) The military judge shall, on request by a victim of the
alleged offence, cause a copy of the direction to be given to the victim. 1998, c. 35, s. 42
24 Sections 160 to 161.1 of the Act are replaced by the following:
Definition of commanding officer 160 In this Division, commanding officer, in respect of
a person charged with having committed a service offence or a service infraction, means the commanding officer of the person and includes an officer who is empowered by regulations made by the Governor in Council to act as the commanding officer of the person.
Laying of Charge Laying of charge 161 (1) Proceedings against a person who is alleged to have committed a service offence or a service infraction
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are commenced by the laying of a charge in accordance with regulations made by the Governor in Council.
Duty to act expeditiously (2) If the person is retained in custody or released from custody with conditions, a charge must be laid as expeditiously as the circumstances permit.
Referral of charge — service offence 161.1 (1) After a person is charged with having committed a service offence, the charge must be referred, in accordance with regulations made by the Governor in Council, to the Director of Military Prosecutions.
Referral of charge — service infraction (2) After a person is charged with having committed a service infraction, the charge must be referred, in accordance with regulations made by the Governor in Council, to an officer who is a commanding officer in respect of the person. 1998, c. 35, s. 42; 2008, c. 29, ss. 4 and 5
25 The heading before section 162.1 and sections
162.1 to 164.2 of the Act are replaced by the following:
DIVISION 5
Summary Hearings Interpretation Definitions 162.3 The following definitions apply in this Division.
commanding officer, in respect of a person charged with having committed a service infraction, means an officer who is a commanding officer as defined in section 160. (commandant) delegated officer means an officer to whom a commanding officer has, under section 162.94, delegated the power to conduct a summary hearing. (officier délégué) scale of sanctions means the scale of sanctions set out in subsection 162.7. (échelle des sanctions) superior commander means an officer of or above the rank of colonel, or any other officer appointed by the Chief of the Defence Staff as a superior commander. (commandant supérieur)
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Service Infractions Summary hearing 162.4 Service infractions may be dealt with only by
summary hearing. Not offence 162.5 A service infraction is not an offence under this
Act. Prior trial — offence 162.6 (1) If a person has been tried in respect of an offence, the person may not be charged with having committed a service infraction arising from the same facts, regardless of whether the person was found guilty or not guilty of the offence by a court martial, by a civil court or by a court of a foreign state. Prior summary hearing — service infraction (2) If a summary hearing has been conducted in respect
of a service infraction that a person is alleged to have committed, the person may be charged, dealt with and tried in respect of an offence arising from the same facts, regardless of whether or not the person was found to have committed the service infraction. Answer or statement — restriction (3) No answer given or statement made by a person at their summary hearing may be used or be receivable against them in any disciplinary, criminal or civil proceeding, other than at a hearing or proceeding in respect of an allegation that they gave the answer or made the statement knowing it to be false.
Scale of sanctions 162.7 The following sanctions may be imposed in respect of a service infraction, and each is a sanction less than every sanction preceding it: (a) reduction in rank; (b) severe reprimand; (c) reprimand; (d) deprivation of pay, and of any allowance prescribed in regulations made by the Governor in Council, for not more than 18 days; and (e) minor sanctions prescribed in regulations made by the Governor in Council.
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Reduction in rank 162.8 (1) The sanction of reduction in rank applies to
officers above the rank of second lieutenant and to noncommissioned members above the rank of private.
Restrictions (2) The sanction of reduction in rank is not to involve (a) reduction to a rank lower than that to which the person who has committed a service infraction can be reduced under regulations; and (b) in the case of a commissioned officer, reduction to
a rank lower than commissioned rank.
Objectives of sanctions 162.9 The imposition of sanctions is intended to achieve one or more of the following objectives: (a) to promote a habit of obedience to lawful commands and orders; (b) to maintain public trust in the Canadian Forces as a disciplined armed force; (c) to denounce indisciplined conduct; (d) to deter persons from committing service infractions; (e) to assist in rehabilitating persons who have committed service infractions; (f) to promote a sense of responsibility in persons who have committed service infractions.
Fundamental principle 162.91 Sanctions must be proportionate to the gravity
of the service infraction and the degree of responsibility of the person who committed it. Other principles 162.92 Sanctions must be imposed in accordance with
the following other principles: (a) a sanction should be increased or reduced to account for any relevant aggravating or mitigating circumstances relating to the commission of the service infraction or the person who committed it, and aggravating circumstances include evidence establishing that
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(i) the person, in committing the service infraction, abused their rank or other position of trust or authority, (ii) the service infraction was motivated by bias,
prejudice or hate based on race, national or ethnic origin, language, colour, religion, sex, age, mental or physical disability, sexual orientation, or gender identity or expression, or on any other similar factor, or (iii) the commission of the service infraction resulted in harm to the conduct of a military operation or any military training; (b) a sanction should be similar to sanctions imposed
on persons for similar service infractions committed in similar circumstances; and (c) a sanction should be the least severe sanction required to maintain the discipline, efficiency and morale of the Canadian Forces.
Consideration of indirect consequences 162.93 In determining the sanction to be imposed
against a person, a superior commander, commanding officer or delegated officer may take into account any indirect consequences of the finding that the person committed a service infraction, or of the sanction.
Summary Hearings Delegation 162.94 A commanding officer may, subject to regulations made by the Governor in Council and to the extent that the commanding officer considers appropriate, delegate his or her power to conduct a summary hearing to any officer under his or her command.
Commanding officer’s obligation 162.95 A commanding officer to whom a charge alleging the commission of a service infraction is referred under subsection 161.1(2) shall, taking into account the conditions set out in section 163, (a) conduct a summary hearing in respect of the charge; (b) decide to not proceed with the charge if, in his or her opinion, it should not be proceeded with; or (c) refer the charge, subject to and in accordance with regulations made by the Governor in Council, to another commanding officer, a superior commander or a delegated officer.
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Jurisdiction 163 (1) A superior commander, commanding officer or
delegated officer may conduct a hearing in respect of a charge alleging the commission of a service infraction if all of the following conditions are satisfied: (a) the person charged is an officer who is at least one rank below the rank of the superior commander, commanding officer or delegated officer, or is a non-commissioned member; (b) having regard to the gravity of the facts that gave
rise to the charge, the powers of the superior commander, commanding officer or delegated officer to impose a sanction are adequate; (c) there are no reasonable grounds to believe that the person charged is unable on account of mental disorder to understand the nature, object or possible consequences of the proceedings; and (d) having regard to the interests of discipline, efficiency and morale of the Canadian Forces, it would be appropriate to conduct the hearing. Prohibition on conducting hearing (2) A superior commander, commanding officer or delegated officer may not conduct a hearing if he or she (a) carried out or directly supervised the investigation of the service infraction; (b) issued a warrant under section 273.3 in relation to
anything referred to in any of paragraphs 273.3(a) to (c) that relates to the service infraction; or (c) laid the charge or caused it to be laid.
However, he or she may conduct such a hearing if, having regard to all the circumstances, it is not practicable for any other superior commander, commanding officer or delegated officer to conduct the hearing. Sanctions imposed by superior commander 163.1 (1) A superior commander who finds on a balance of probabilities, at a summary hearing, that a person has committed one or more service infractions, may impose one or more of the sanctions referred to in section 162.7.
Sanctions imposed by commanding officer (2) A commanding officer who finds on a balance of probabilities, at a summary hearing, that a person has committed one or more service infractions, may impose
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one or more of the sanctions referred to in paragraphs 162.7(c) to (e). Sanctions imposed by delegated officer (3) A delegated officer who finds on a balance of probabilities, at a summary hearing, that a person has committed one or more service infractions, may impose one or more of the following sanctions: (a) a sanction referred to in paragraph 162.7(d) for not more than seven days; (b) minor sanctions referred to in paragraph 162.7(e).
Obligation after referral 163.2 A superior commander, commanding officer or
delegated officer to whom a charge is referred under paragraph 162.95(c) or under this section shall, taking into account the conditions set out in section 163, (a) conduct a summary hearing in respect of the charge; (b) decide not to proceed with the charge if, in his or her opinion, it should not be proceeded with; or (c) refer the charge, subject to and in accordance with
regulations made by the Governor in Council, to a superior commander, commanding officer or delegated officer. Subsequent summary hearing proceedings not precluded 163.3 A decision that a charge should not be proceeded with by summary hearing does not preclude, subject to section 163.4, proceeding with the charge by summary hearing at any subsequent time.
Limitation period 163.4 A summary hearing in respect of a charge alleging
the commission of a service infraction may not be conducted unless it commences within six months after the day on which the service infraction is alleged to have been committed. No territorial limitation 163.5 Every person alleged to have committed a service
infraction may be charged under the Code of Service Discipline, regardless of whether the alleged service infraction was committed in Canada or outside Canada, and the summary hearing in respect of that charge may be conducted in Canada or outside Canada.
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Review Authorities Chief of the Defence Staff and other military authorities 163.6 (1) The review authorities in respect of a finding
that a person has committed a service infraction and in respect of a sanction imposed by an officer who conducted a summary hearing are the Chief of the Defence Staff and any other military authorities that are prescribed by the Governor in Council in regulations.
When authorities may act (2) A review authority in respect of a finding that a person has committed a service infraction and in respect of a sanction imposed by an officer who conducted a summary hearing may act on its own initiative or on application, made in accordance with regulations made by the Governor in Council, of the person found to have committed the service infraction.
Quashing of Findings Authority to quash 163.7 (1) A review authority may quash a finding, by an
officer who conducted a summary hearing, that a person has committed a service infraction.
Effect of complete quashing (2) If a finding that a person has committed a service infraction is quashed and no other such finding was made at the summary hearing, every sanction imposed as a result of the quashed finding is also quashed and a new summary hearing may be held in relation to the service infraction as if no previous summary hearing had been held. Effect of partial quashing (3) In the case where more than one finding has been
made that a person has committed a service infraction and a review authority quashes one or more but not all of them, if a sanction imposed is in excess of any that may be imposed in respect of the remaining findings or is, in the opinion of the review authority, unduly severe, the review authority shall substitute for that sanction any new sanction or sanctions that it considers appropriate.
Substitution of Findings Substitution of invalid or unsubstantiated findings 163.8 (1) A review authority may substitute a new finding for any finding that a person has committed a service
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infraction that was invalidly made or that cannot be supported by the evidence if the new finding could validly have been made on the charge to which the new finding relates and it appears to the review authority that the officer who conducted the summary hearing was satisfied of the facts that establish the service infraction specified or involved in the new finding. Effect on sanction (2) If a new finding is substituted and a sanction imposed in respect of the original finding is in excess of a sanction that may be imposed in respect of the new finding or is, in the opinion of the review authority, unduly severe, the review authority shall substitute for that sanction any new sanction or sanctions that it considers appropriate.
Substitution of Sanctions Authority to substitute 163.9 (1) A review authority may substitute for any invalid sanction imposed by an officer who conducted a summary hearing any new sanction or sanctions that it considers appropriate.
Condition applicable to new sanction (2) If a new sanction is substituted, the new sanction
may not be higher in the scale of sanctions than that other sanction.
Commutation, Mitigation and Remission of Sanctions Authority to commute, mitigate or remit sanctions 163.91 (1) A review authority may commute, mitigate or remit any or all of the sanctions imposed by an officer who conducted a summary hearing.
Definitions (2) The following definitions apply in subsection (1).
commute means to replace a sanction with another sanction that is lower in the scale of sanctions. (commuer) mitigate means to impose a lesser amount of the same sanction. (mitiger) remit means to exempt a person from the requirement to undergo the whole or any part of a sanction. (remettre)
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1998, c. 35, s. 42
26 Section 165.13 of the Act is replaced by the following: Reasons for not proceeding 165.13 If the Director of Military Prosecutions decides
that a charge should not be proceeded with by a trial by court martial, he or she shall communicate the decision and the reasons for it, in writing, to the officer or noncommissioned member who referred the charge to him or her, and to the commanding officer of the accused person. 1998, c. 35, ss. 43(1)(E) and (2); 2001, c. 41, s. 101
27 Section 180 of the Act and the heading before it are replaced by the following:
Admission to Courts Martial and Certain Proceedings Before Military Judges Proceedings public 180 (1) Unless this Act provides otherwise, court martial proceedings and proceedings before a military judge under any of sections 147.6, 159, 187 and 248.81 must be public and, to the extent that accommodation permits, the public must be admitted to the proceedings.
Exception (2) A military judge or, if a court martial has been convened, the military judge assigned to preside at the court martial may, on application of the prosecutor or a witness or on the military judges’s own motion, order that the public be excluded during the whole or any part of the proceedings or order that the witness testify behind a screen or other device that would allow the witness not to be seen by members of the public, if the military judge considers that it is necessary in the interests of public safety, public morals, the maintenance of order or the proper administration of military justice, or to prevent injury to international relations, national defence or national security. Factors to be considered (3) In determining whether making the order is in the interest of the proper administration of military justice, the military judge shall consider (a) society’s interest in encouraging the reporting of
service offences and the participation of victims and witnesses in the military justice process; (b) the safeguarding of the interests of witnesses under the age of 18 years in all proceedings;
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(c) the ability of any witness, if the order were not
made, to give a full and candid account of the acts complained of; (d) whether any witness needs the order for their security or to protect them from intimidation or retaliation; (e) the protection of military justice system participants who are involved in the proceedings; (f) whether effective alternatives to the making of the
order are available in the circumstances; (g) the salutary and deleterious effects of the order;
and (h) any other factor that the military judge considers
relevant.
No adverse inference (4) No adverse inference may be drawn from the fact that an order is, or is not, made under this section.
Reasons to be stated (5) If a person is charged with an offence punishable under section 130 that is an offence under section 151, 152, 153, 153.1 or 155, subsection 160(2) or (3) or section 163.1, 170, 171, 171.1, 172, 172.1, 172.2, 173, 271, 272, 273, 279.01, 279.011, 279.02, 279.03, 286.1, 286.2 or 286.3 of the Criminal Code and the prosecutor or the person applies for an order under subsection (2), the military judge shall, if no such order is made, state, by reference to the circumstances of the case, the reasons for not making an order.
Witnesses (6) Witnesses are not to be admitted to the proceedings except when under examination or by leave of the military judge.
Clearing court (7) For the purpose of any deliberation, the military judge may cause the place where the proceedings are being held to be cleared.
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Production of certain records Definition of record 180.01 For the purposes of sections 180.02 to 180.08, record means any form of record that contains personal information for which there is a reasonable expectation of privacy and includes medical, psychiatric, therapeutic, counselling, education, employment, child welfare, adoption and social services records, personal journals and diaries, and records containing personal information the production or disclosure of which is protected by any other Act of Parliament or of a provincial legislature, but does not include records made by persons responsible for the investigation or prosecution of the service offence.
Production of record to accused 180.02 (1) Except in accordance with sections 180.03 to
180.08, no record relating to a complainant or a witness shall be produced to an accused person in any proceedings in respect of any of the following offences or in any proceedings in respect of two or more offences at least one of which is any of the following offences: (a) an offence punishable under section 130 that is an
offence under section 151, 152, 153, 153.1, 155, 160, 170, 171, 172, 173, 210, 211, 213, 271, 272, 273, 279.01, 279.011, 279.02, 279.03, 286.1, 286.2 or 286.3 of the Criminal Code; (b) any offence under the Criminal Code, as it read at any time before the day on which this paragraph comes into force, if the conduct alleged involved a violation of the complainant’s sexual integrity and would be an offence referred to in paragraph (a) if it had occurred on or after that day.
Application of provisions (2) Section 180.01, this section and sections 180.03 to 180.08 and 303 apply in respect of a record relating to the complainant or a witness that is in the possession or control of any person, including the prosecutor in the proceedings, unless, in the case of a record in the possession or control of the prosecutor, the complainant or witness, as the case may be, has expressly waived the application of those sections.
Duty of prosecutor to give notice (3) In the case of a record in respect of which this section applies that is in the possession or control of the prosecutor, the prosecutor shall notify the accused person that
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the record is in the prosecutor’s possession or control, but, in doing so, the prosecutor shall not disclose the record’s contents. Application for production 180.03 (1) An accused person who seeks the production of a record may make an application for its production to a military judge or, if the court martial has been convened, to the military judge assigned to preside at the court martial.
Form and content of application (2) The application must be made in writing and set out (a) particulars identifying the record that the accused
person seeks to have produced and the name of the person who has possession or control of the record; and (b) the grounds on which the accused person relies to establish that the record is likely relevant to an issue at trial or to the competence of a witness to testify.
Insufficient grounds (3) Any one or more of the following assertions by the accused person are not sufficient on their own to establish that the record is likely relevant to an issue at trial or to the competence of a witness to testify: (a) the record exists; (b) the record relates to medical or psychiatric treatment, therapy or counselling that the complainant or witness has received or is receiving; (c) the record relates to the incident that is the subject matter of the proceedings; (d) the record may disclose a prior inconsistent statement of the complainant or witness; (e) the record may relate to the credibility of the complainant or witness; (f) the record may relate to the reliability of the testimony of the complainant or witness merely because the complainant or witness has received or is receiving psychiatric treatment, therapy or counselling; (g) the record may reveal allegations of sexual abuse of the complainant by a person other than the accused person; (h) the record relates to the sexual activity of the complainant with any person, including the accused person;
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(i) the record relates to the presence or absence of a
recent complaint; (j) the record relates to the complainant’s sexual reputation; (k) the record was made close in time to the complaint or to the activity that forms the subject matter of the charge against the accused person.
Service of application (4) The accused person shall serve the application on the
prosecutor, on the person who has possession or control of the record, on the complainant or witness, as the case may be, and on any other person to whom, to the knowledge of the accused person, the record relates, at least 14 days before the hearing referred to in subsection 180.04(1) begins or any shorter interval that the military judge may allow in the interests of military justice. Service on other persons (5) The military judge may, at any time, order that the
application be served on any person to whom he or she considers the record may relate. Hearing in private 180.04 (1) The military judge shall hold a hearing in
private to determine whether to order the person who has possession or control of the record to produce it to the military judge for review. Persons who may appear at hearing (2) The person who has possession or control of the record, the complainant or witness, as the case may be, and any other person to whom the record relates may appear and make submissions at the hearing, but they are not compellable as witnesses at the hearing.
Right to counsel (3) The military judge shall, as soon as feasible, inform any person referred to in subsection (2) who participates in the hearing of their right to be represented by counsel.
Costs (4) No order for costs may be made against a person referred to in subsection (2) in respect of their participation in the hearing. Order to produce record for review 180.05 (1) The military judge may order the person
who has possession or control of the record to produce
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the record or a part of the record to the military judge for review if, after the hearing, the military judge is satisfied that (a) the application was made in accordance with subsections 180.03(2) to (5); (b) the accused person has established that the record
is likely relevant to an issue at trial or to the competence of a witness to testify; and (c) the production of the record is necessary in the interests of military justice. Factors to be considered (2) In determining whether to make the order, the military judge shall consider the salutary and deleterious effects of the determination on the accused person’s right to make a full answer and defence and on the right to privacy, personal security and equality of the complainant or witness, as the case may be, and of any other person to whom the record relates. In particular, the military judge shall take the following factors into account: (a) the extent to which the record is necessary for the accused person to make a full answer and defence; (b) the probative value of the record; (c) the nature and extent of the reasonable expectation of privacy with respect to the record; (d) whether production of the record is based on a discriminatory belief or bias; (e) the potential prejudice to the personal dignity and
right to privacy of any person to whom the record relates; (f) society’s interest in encouraging the reporting of
sexual offences; (g) society’s interest in encouraging the obtaining of treatment by complainants of sexual offences; and (h) the effect of the determination on the integrity of
the trial process.
Review of record by military judge 180.06 (1) If the military judge has ordered the production of the record or a part of the record for review, the military judge shall review it in the absence of the parties to determine whether the record or the part of the record should be produced to the accused person.
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Hearing in private (2) The military judge may hold a hearing in private if he or she considers that it will assist in making the determination.
Provisions re hearing (3) Subsections 180.04(2) to (4) apply in the case of a
hearing held under subsection (2). Order to produce 180.07 (1) If the military judge is satisfied that the record or a part of the record is likely relevant to an issue at trial or to the competence of a witness to testify and that its production is necessary in the interests of military justice, the military judge may order that the record or the part of the record, as the case may be, be produced to the accused person, subject to any conditions that may be imposed under subsection (3).
Factors to be considered (2) In determining whether to make the order, the military judge shall consider the salutary and deleterious effects of the determination on the accused person’s right to make a full answer and defence and on the right to privacy, personal security and equality of the complainant or witness, as the case may be, and of any other person to whom the record relates and, in particular, the military judge shall take the factors specified in paragraphs 180.05(2)(a) to (h) into account.
Conditions on production (3) The military judge who orders the production of the
record or a part of the record to the accused person, may impose conditions on the production to protect the interests of military justice and, to the greatest extent possible, the privacy, personal security and equality interests of the complainant or witness, as the case may be, and of any other person to whom the record relates, including the following conditions: (a) the record is to be edited as directed by the military judge; (b) a copy of the record, rather than the original, is to
be produced; (c) the accused person and counsel for the accused
person are not to disclose the contents of the record to any other person, except with the approval of the military judge; (d) the record is to be viewed only at a location specified by the military judge;
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(e) no copies of the record are to be made or only the number of copies specified by the military judge may be made; and (f) information regarding any person named in the
record, such as their address, telephone number and place of employment, is to be severed from the record. Copy to prosecutor (4) If the military judge orders the production of the record or a part of the record to the accused person, the military judge shall direct that a copy of the record or the part of the record, as the case may be, be provided to the prosecutor, unless the military judge determines that it is not in the interests of military justice to do so.
Record not used in other proceedings (5) The record or the part of the record that is produced
to the accused person under an order made under subsection (1) must not be used in any other disciplinary, criminal, civil or administrative proceedings. Retention of record by court (6) If the military judge refuses to order the production
of the record or a part of the record to the accused person, the record or the part of the record, as the case may be, must, unless the military judge orders otherwise, be kept by the military judge in a sealed package until the later of the expiry of the time for any appeal and the completion of any appeal in the proceedings against the accused person, at which time the record or the part of the record must be returned to the person lawfully entitled to possession or control of it. Reasons for decision 180.08 The military judge shall provide reasons in writing for ordering or not ordering the production of the record or a part of the record under subsection 180.05(1) or 180.07(1). 28 The Act is amended by adding the following after section 183:
Support person — witnesses under 18 or with disability 183.1 (1) In proceedings against an accused person in
respect of a service offence, a military judge or, if the court martial has been convened, the military judge assigned to preside at the court martial shall, on application of the prosecutor in respect of a witness who is under the age of 18 years or who has a mental or physical disability, or on application of such a witness, order that a support person of the witness’s choice be permitted to be present and to be close to the witness while the
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witness testifies, unless the military judge is of the opinion that the order would interfere with the proper administration of military justice. Other witnesses (2) In proceedings against an accused person in respect
of a service offence, a military judge or, if the court martial has been convened, the military judge assigned to preside at the court martial may, on application of the prosecutor in respect of a witness, or on application of a witness, order that a support person of the witness’s choice be permitted to be present and to be close to the witness while the witness testifies, if the military judge is of the opinion that the order would facilitate the giving of a full and candid account by the witness of the acts complained of or would otherwise be in the interest of the proper administration of military justice. Factors to be considered (3) In determining whether to make an order under subsection (2), the military judge shall consider (a) the witness’s age; (b) the witness’s mental or physical disabilities, if any; (c) the nature of the offence; (d) the nature of any relationship between the witness and the accused person; (e) whether the witness needs the order for their security or to protect them from intimidation or retaliation; (f) society’s interest in encouraging the reporting of
service offences and the participation of victims and witnesses in the military justice process; and (g) any other factor that the military judge considers relevant.
Witness not to be support person (4) The military judge shall not permit a witness to be a support person unless the military judge is of the opinion that doing so is necessary for the proper administration of military justice.
No communication while testifying (5) The military judge may order that the support person and the witness not communicate with each other while the witness testifies.
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No adverse inference (6) No adverse inference may be drawn from the fact
that an order is, or is not, made under subsection (2).
Testimony outside courtroom — witnesses under 18 or with disability 183.2 (1) In proceedings against an accused person in respect of a service offence, a military judge or, if the court martial has been convened, the military judge assigned to preside at the court martial shall, on application of the prosecutor in respect of a witness who is under the age of 18 years or who is able to communicate evidence but may have difficulty doing so by reason of a mental or physical disability, or on application of such a witness, order that the witness testify outside the courtroom or behind a screen or other device that would allow the witness not to see the accused person, unless the military judge is of the opinion that the order would interfere with the proper administration of military justice.
Other witnesses (2) In proceedings against an accused person in respect
of a service offence, a military judge or, if the court martial has been convened, the military judge assigned to preside at the court martial may, on application of the prosecutor in respect of a witness, or on application of a witness, order that the witness testify outside the courtroom or behind a screen or other device that would allow the witness not to see the accused person, if the military judge is of the opinion that the order would facilitate the giving of a full and candid account by the witness of the acts complained of or would otherwise be in the interest of the proper administration of military justice. Factors to be considered (3) In determining whether to make an order under subsection (2), the military judge shall consider (a) the witness’s age; (b) the witness’s mental or physical disabilities, if any; (c) the nature of the offence; (d) the nature of any relationship between the witness
and the accused person; (e) whether the witness needs the order for their security or to protect them from intimidation or retaliation; (f) whether the order is needed to protect the identity of a peace officer, as defined in section 2 of the
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Criminal Code, who has acted, is acting or will be acting in an undercover capacity or of a person who has acted, is acting or will be acting covertly under the direction of a peace officer as defined in that section; (g) whether the order is needed to protect the witness’s identity if they have had, have or will have responsibilities relating to national security or intelligence; (h) society’s interest in encouraging the reporting of service offences and the participation of victims and witnesses in the military justice process; and (i) any other factor that the military judge considers
relevant.
Same procedure for determination (4) If the military judge is of the opinion that it is necessary for a witness to testify in order to determine whether an order under subsection (2) should be made in respect of the witness, the military judge shall order that the witness testify in accordance with that subsection.
Conditions of exclusion (5) A witness shall not testify outside the courtroom in
accordance with an order made under subsection (1) or (2) unless arrangements are made for the accused person, the military judge and, if a General Court Martial has been convened, its panel to watch the testimony of the witness by means of closed-circuit television or otherwise and the accused person is permitted to communicate with counsel while watching the testimony. No adverse inference (6) No adverse inference may be drawn from the fact
that an order is, or is not, made under subsection (2).
Accused not to cross-examine witnesses under 18 183.3 (1) In proceedings against an accused person in respect of a service offence, a military judge or, if the court martial has been convened, the military judge assigned to preside at the court martial shall, on application of the prosecutor in respect of a witness who is under the age of 18 years, or on application of such a witness, order that the accused person not personally crossexamine the witness, unless the military judge is of the opinion that the proper administration of military justice requires the accused person to personally conduct the cross-examination. If such an order is made, the military judge shall direct the Director of Defence Counsel
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Services to provide counsel to conduct the cross-examination. Accused not to cross-examine complainant — certain offences (2) In proceedings against an accused person in respect
of an offence punishable under section 130 that is an offence under section 264, 271, 272 or 273 of the Criminal Code, a military judge shall, on application of the prosecutor in respect of a witness who is a victim, or on application of such a witness, order that the accused person not personally cross-examine the witness, unless the military judge is of the opinion that the proper administration of military justice requires the accused person to personally conduct the cross-examination. If such an order is made, the military judge shall direct the Director of Defence Counsel Services to provide counsel to conduct the cross-examination. Other witnesses (3) In proceedings against an accused person in respect of a service offence, a military judge or, if the court martial has been convened, the military judge assigned to preside at the court martial may, on application of the prosecutor in respect of a witness who is not entitled to make an application under subsection (1) or (2), or on application of such a witness, order that the accused person not personally cross-examine the witness, if the military judge is of the opinion that the order would facilitate the giving of a full and candid account by the witness of the acts complained of or would otherwise be in the interest of the proper administration of military justice. If such an order is made, the military judge shall direct the Director of Defence Counsel Services to provide counsel to conduct the cross-examination.
Factors to be considered (4) In determining whether to make an order under subsection (3), the military judge shall consider (a) the witness’s age; (b) the witness’s mental or physical disabilities, if any; (c) the nature of the offence; (d) the nature of any relationship between the witness
and the accused person; (e) whether the witness needs the order for their security or to protect them from intimidation or retaliation; (f) society’s interest in encouraging the reporting of service offences and the participation of victims and witnesses in the military justice process; and
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(g) any other factor that the military judge considers
relevant.
No adverse inference (5) No adverse inference may be drawn from the fact
that counsel is, or is not, provided under this section.
Non-disclosure of witness’s identity 183.4 (1) In proceedings against an accused person in
respect of a service offence, a military judge or, if the court martial has been convened, the military judge assigned to preside at the court martial may, on application of the prosecutor in respect of a witness, or on application of a witness, make an order directing that any information that could identify the witness not be disclosed in the course of the proceedings, if the military judge is of the opinion that the order is in the interest of the proper administration of military justice. Hearing may be held (2) The military judge may hold a hearing to determine whether the order should be made, and the hearing may be in private.
Factors to be considered (3) In determining whether to make the order, the military judge shall consider (a) the right to a fair and public hearing; (b) the nature of the offence; (c) whether the witness needs the order for their security or to protect them from intimidation or retaliation; (d) whether the order is needed to protect the security
of anyone known to the witness; (e) whether the order is needed to protect the identity of a peace officer, as defined in section 2 of the Criminal Code, who has acted, is acting or will be acting in an undercover capacity, or of a person who has acted, is acting or will be acting covertly under the direction of a peace officer as defined in that section; (f) whether the order is needed to protect the witness’s identity if they have had, have or will have responsibilities relating to national security or intelligence;
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(g) society’s interest in encouraging the reporting of
service offences and the participation of victims and witnesses in the military justice process; (h) the importance of the witness’s testimony to the
case; (i) whether effective alternatives to the making of the order are available in the circumstances; (j) the salutary and deleterious effects of the order;
and (k) any other factor that the military judge considers relevant.
No adverse inference (4) No adverse inference may be drawn from the fact that an order is, or is not, made under this section.
Order restricting publication — sexual offences 183.5 (1) Subject to subsection (2), a military judge or,
if the court martial has been convened, the military judge assigned to preside at the court martial may make an order directing that any information that could identify a victim or a witness not be published in any document, or broadcast or transmitted in any way, if the proceedings are in respect of (a) any of the following offences: (i) an offence punishable under section 130 that is an offence under section 151, 152, 153, 153.1, 155, 160, 162, 163.1, 170, 171, 171.1, 172, 172.1, 172.2, 173, 210, 211, 213, 271, 272, 273, 279.01, 279.011, 279.02, 279.03, 280, 281, 286.1, 286.2, 286.3, 346 or 347 of the Criminal Code, (ii) any offence under the Criminal Code, as it read
at any time before the day on which this subparagraph comes into force, if the conduct alleged would be an offence referred to in subparagraph (i) if it had occurred on or after that day; or (b) two or more offences being dealt with in the same proceeding, at least one of which is an offence referred to in paragraph (a).
Mandatory order on application (2) In proceedings in respect of any offence referred to in
subsection (1), the military judge shall
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(a) as soon as feasible, inform the victim and any witness under the age of 18 years of their right to make an application for the order; and (b) on application of the victim, the prosecutor or any such witness, make the order.
Victim under 18 — other offences (3) Subject to subsection (4), in proceedings in respect of a service offence other than an offence referred to in subsection (1), if the victim is under the age of 18 years, the military judge or, if the court martial has been convened, the military judge assigned to preside at the court martial may make an order directing that any information that could identify the victim not be published in any document or broadcast or transmitted in any way.
Mandatory order on application (4) In proceedings in respect of a service offence other than an offence referred to in subsection (1), if the victim is under the age of 18 years, the military judge or, if the court martial has been convened, the military judge assigned to preside at the court martial shall (a) as soon as feasible, inform the victim of their right to make an application for the order; and (b) on application of the victim or the prosecutor,
make the order. Child pornography (5) In proceedings in respect of an offence punishable under section 130 that is an offence under section 163.1 of the Criminal Code, the military judge or, if the court martial has been convened, the military judge assigned to preside at the court martial shall make an order directing that any information that could identify a witness who is under the age of 18 years or any person who is the subject of any representation, written material or recording that constitutes child pornography, as defined in that section 163.1, not be published in any document or broadcast or transmitted in any way.
Limitation (6) An order made under this section does not apply in
respect of the disclosure of information if the disclosure is made in the course of the administration of military justice and it is made for a purpose other than to make the information known in the community.
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Order restricting publication — victims and witnesses 183.6 (1) Unless an order is made under section 183.5,
on application of the prosecutor in respect of a victim or a witness, or on application of a victim or a witness, a military judge or, if the court martial has been convened, the military judge assigned to preside at the court martial may make an order directing that any information that could identify the victim or witness not be published in any document or broadcast or transmitted in any way, if the military judge is of the opinion that the order is in the interest of the proper administration of military justice.
Military justice system participants (2) On application of the prosecutor in respect of a military justice system participant who is involved in proceedings in respect of an offence referred to in subsection (3) or on application of the military justice system participant themself, a military judge or, if the court martial has been convened, the military judge assigned to preside at the court martial may make an order directing that any information that could identify the military justice system participant not be published in any document or broadcast or transmitted in any way, if the military judge is of the opinion that the order is in the interest of the proper administration of military justice. Offences (3) For the purpose of subsection (2), an offence is any of the following: (a) an offence punishable under section 130 that is an
offence under section 423.1, 467.11, 467.111, 467.12 or 467.13 of the Criminal Code or that is a serious offence committed for the benefit of, at the direction of, or in association with a criminal organization; (b) a terrorism offence; (c) an offence punishable under section 130 that is an
offence under subsection 16(1) or (2), 17(1), 19(1), 20(1) or 22(1) of the Security of Information Act; (d) an offence punishable under section 130 that is an offence under subsection 21(1) or section 23 of the Security of Information Act and that is committed in relation to an offence referred to in paragraph (c).
Limitation (4) An order made under this section does not apply in
respect of the disclosure of information if the disclosure
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is made in the course of the administration of military justice and it is made for a purpose other than to make the information known in the community. Making of application (5) An application for an order under this section must
be made in accordance with regulations made by the Governor in Council. Grounds (6) The application must set out the grounds on which the applicant relies to establish that the order is necessary for the proper administration of military justice.
Hearing may be held (7) The military judge may hold a hearing to determine whether an order under this section should be made, and the hearing may be held in private.
Factors to be considered (8) In determining whether to make an order under this
section, the military judge shall consider (a) the right to a fair and public hearing; (b) whether there is a real and substantial risk that the victim, witness or military justice system participant would suffer harm if their identity were disclosed; (c) whether the victim, witness or military justice system participant needs the order for their security or to protect them from intimidation or retaliation; (d) society’s interest in encouraging the reporting of
service offences and the participation of victims, witnesses and military justice system participants; (e) whether effective alternatives are available to protect the identity of the victim, witness or military justice system participant; (f) the salutary and deleterious effects of the order; (g) the impact of the order on the freedom of expression of those affected by it; and (h) any other factor that the military judge considers
relevant.
Conditions (9) An order made under this section may be subject to any conditions that the military judge thinks fit.
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Publication prohibited (10) Unless the military judge refuses to make an order
under this section, no person shall publish in any document or broadcast or transmit in any way (a) the contents of the application for the order; (b) any evidence taken, information given or submissions made at a hearing held under subsection (7); or (c) any other information that could identify the person to whom the application relates as a victim, witness or military justice system participant in the proceedings.
Security of witnesses 183.7 (1) In proceedings against an accused person, a
military judge or, if the court martial has been convened, the military judge assigned to preside at the court martial may, on application of the prosecutor or a witness or on his or her own motion, make any order other than one that may be made under section 180, if the military judge is of the opinion that the order is necessary to protect the security of any witness and is otherwise in the interest of the proper administration of military justice. Factors to be considered (2) In determining whether to make the order, the military judge shall consider (a) the witness’s age; (b) the witness’s mental or physical disabilities, if any; (c) the right to a fair and public hearing; (d) the nature of the service offence; (e) whether the witness needs the order to protect them from intimidation or retaliation; (f) whether the order is needed to protect the security of anyone known to the witness; (g) society’s interest in encouraging the reporting of
service offences and the participation of victims, witnesses and military justice system participants; (h) the importance of the witness’s testimony to the
case; (i) whether effective alternatives to the making of the
order are available in the circumstances; (j) the salutary and deleterious effects of the order;
and
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(k) any other factor that the military judge considers
relevant.
No adverse inference (3) No adverse inference may be drawn from the fact
that an order is, or is not, made under this section. 29 The Act is amended by adding the following
after section 189:
Pleas Pleas permitted 189.1 (1) An accused person who makes an application
under subsection (2) or who, after the commencement of the trial, is called on to plead may plead guilty or not guilty, or any other plea authorized by regulations made by the Governor in Council. Plea of guilty (2) At any time after a court martial is convened but before the commencement of the trial, the military judge assigned to preside at the court martial may, on application, receive the accused person’s plea of guilty in respect of any charge and, if there are no other charges remaining before the court martial to which pleas of not guilty have been recorded, determine the sentence. Conditions for accepting guilty plea (3) The military judge may accept a plea of guilty only if
he or she is satisfied that (a) the accused person is making the plea voluntarily; and (b) the accused person (i) understands that the plea is an admission of the essential elements of the service offence, (ii) understands the nature and consequences of the plea, and (iii) understands that the military judge is not
bound by any agreement made between the accused person and the prosecutor.
Validity of plea (4) The failure of the military judge to fully inquire
whether the conditions set out in subsection (3) are met does not affect the validity of the plea.
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Refusal to plead (5) If an accused person refuses to plead or does not answer directly, he or she is deemed to have made a plea of not guilty. Allowing time (6) An accused person is not entitled as of right to have
their trial postponed, but the military judge may, if the military judge considers that the accused person should be allowed further time to plead or prepare for their defence or for any other reason, adjourn the trial to a later time, on any terms that the military judge considers appropriate. Included or other offence (7) Despite any other provision of this Act, if an accused
person pleads not guilty of the service offence charged but guilty of any other service offence arising out of the same transaction, whether or not it is an included offence, the military judge may, with the consent of the prosecutor, accept that plea of guilty and, if the plea is accepted, the military judge shall find the accused person not guilty of the offence charged and find him or her guilty of the offence in respect of which the plea of guilty was accepted and enter those findings in the record of the court martial.
Inquiry of court — serious personal injury offence (8) If the accused person is charged with a service offence that is a serious personal injury offence and the accused person and the prosecutor have entered into an agreement under which the accused person will enter a plea of guilty of the service offence charged — or a plea of not guilty of the service offence charged but guilty of any other service offence arising out of the same transaction, whether or not it is an included offence — the military judge shall, after accepting the plea of guilty, inquire of the prosecutor whether reasonable steps were taken to inform the victims of the agreement.
Inquiry of court — certain offences (9) If the accused person is charged with a serious offence that is not a serious personal injury offence and the accused person and the prosecutor have entered into an agreement referred to in subsection (8), the military judge shall, after accepting the plea of guilty, inquire of
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the prosecutor whether any of the victims had advised the prosecutor of their desire to be informed if such an agreement were entered into and, if so, whether reasonable steps were taken to inform that victim of the agreement. Duty to inform (10) If subsection (8) or (9) applies, and any victim was
not informed of the agreement before the plea of guilty was accepted, the prosecutor shall, as soon as feasible, take reasonable steps to inform the victim of the agreement and the acceptance of the plea.
Validity of plea (11) Neither the failure of the military judge to inquire of
the prosecutor as required under subsection (8) or (9) nor the failure of the prosecutor to take reasonable steps to inform the victims of the agreement affects the validity of the plea. Definition of serious personal injury offence (12) In this section, serious personal injury offence
means (a) a serious offence, or an offence referred to in section 77, 86, 87, 92, 95, 113, 120, 124 or 127, involving (i) the use or attempted use of violence against another person, or (ii) conduct endangering or likely to endanger the life or safety of another person or inflicting or likely to inflict severe psychological damage upon another person; or (b) an offence punishable under section 130 that is an
offence under section 151, 152, 153, 153.1, 155, 160, 170, 171, 172, 271, 272 or 273 of the Criminal Code, or an attempt to commit such an offence.
2008, c. 29, s. 14
30 Section 191.1 of the Act is repealed. 2007, c. 22, s. 36
31 The portion of subsection 196.14(3) of the Act
after paragraph (b) is replaced by the following:
In deciding whether to make the order, the court martial shall consider the nature of the offence and the
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circumstances surrounding its commission, any previous convictions, any previous finding of not responsible on account of mental disorder for a designated offence and the impact that such an order would have on the person’s privacy and security and shall give reasons for the decision.
2002, c. 13, s. 88
32 Section 196.29 of the Act is replaced by the following: Destruction of fingerprints, photographs, etc. 196.29 Fingerprints, photographs and other measurements that are taken under subsection 196.27(1) from a person who is charged with a designated offence shall be destroyed without delay, on application by the person, if the charge has not been proceeded with in the three years after the charge is laid.
1998, c. 35, s. 51(3)
33 Paragraph 202.14(2)(f) of the Act is repealed. 1998, c. 35, s. 60
34 Section 215 of the Act is replaced by the following:
Court martial may suspend 215 (1) If an offender has been sentenced to imprisonment or detention, the carrying into effect of the punishment may be suspended by the court martial that imposed the punishment.
Consideration of victim’s safety and security (2) If the court martial makes a decision that the carrying into effect of the punishment be suspended, it shall include in the decision a statement that it has considered the safety and security of every victim of the offence.
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Copy to victim (3) The court martial shall, on request by a victim of the
offence, cause a copy of the decision to be given to the victim. 1998, c. 35, s. 63; 2012, c. 1, subpar. 160(h)(ii)
35 Subsection 222(2) of the Act is replaced by the following:
Jurisdiction and discretion of Parole Board of Canada (2) If the punishment of a service convict undergoing
punishment in a penitentiary or of a service prisoner undergoing punishment in a civil prison is not suspended under this Act within six months after the date of the committal of that convict or prisoner to that penitentiary or civil prison, the Parole Board of Canada has, subject to Part II of the Corrections and Conditional Release Act, exclusive jurisdiction and absolute discretion to grant, refuse to grant, or revoke the parole of that convict or prisoner. 2007, c. 5, s. 4
36 (1) Paragraph 227.19(2)(a) of the Act is replaced by the following: (a) to the officer conducting the summary hearing and
to a person who provides legal advice to the officer with respect to the hearing, in the case of a summary hearing; or 2007, c. 5, s. 4
(2) Subsections 227.19(3) and (4) of the Act are replaced by the following:
Disclosure in proceedings (4) The officer who conducted the summary hearing may disclose the information to a review authority, and to a person who provides legal advice to the review authority, with respect to a review of a finding that a person has committed a service infraction or of any sanction imposed by that officer, if the information is relevant to the review. 37 Section 230 of the Act is amended by striking out “or” at the end of paragraph (f), by adding “or” at the end of paragraph (g) and by adding the following after paragraph (g): (h) the legality of a decision not to make an order under subsection 180.05(1) or of a decision to make or not to make an order under subsection 180.07(1). 38 Section 230.1 of the Act is amended by striking out “or” at the end of paragraph (g), by adding
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“or” after paragraph (h) and by adding the following after paragraph (h): (i) the legality of a decision to make an order under
subsection 180.05(1) or 180.07(1). 1991, c. 43, s. 28
39 Section 242 of the Act is replaced by the following: Powers to suspend new punishment 242 If a punishment included in a sentence has been dealt with under subsection 238(3), 239(2) or 239.1(3) or section 240 or 240.1, the new punishment is subject to suspension in the same manner and to the same extent as if it had been imposed by the court martial that tried the appellant. 40 Section 248.3 of the Act is renumbered as subsection 248.3(1) and is amended by adding the following: Consideration of victim’s safety and security (2) If the court martial, the military judge or the judge of the Court Martial Appeal Court, as the case may be, directs that the person be released, the court martial, military judge or judge shall include in the direction a statement that the safety and security of every victim of the alleged offence has been considered.
Copy to victim (3) The court martial, military judge or judge, as the case
may be, shall, on request by a victim of the alleged offence, cause a copy of the direction to be given to the victim. 1998, c. 35, s. 82
41 Division 11 of Part III of the Act is replaced by
the following:
DIVISION 11
Petition for New Trial Right to petition on new evidence 249 (1) Every person who has been tried and found
guilty by a court martial has a right, on grounds of new evidence discovered subsequent to the trial, to petition the Minister for a new trial.
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Reference to CMAC for determination (2) The Minister may refer a petition to the Court Martial Appeal Court for a hearing and determination by that Court as if it were an appeal by the petitioner.
Reference to CMAC for opinion (3) The Minister may refer a petition or any question relating to a petition to the Court Martial Appeal Court for its opinion, and that Court shall furnish its opinion accordingly. New trial (4) If the Minister is of the opinion that a petition should be granted, the Minister may order a new trial and the petitioner may be tried again as if no trial had been held.
Royal prerogative 249.1 Nothing in this Division in any manner limits or affects Her Majesty’s royal prerogative of mercy.
1998, c. 35, s. 82
42 Section 249.24 of the Act is replaced by the following: Force and effect 249.24 If a new punishment is substituted for a punishment imposed by a court martial, the new punishment has force and effect as if it had been imposed by the court martial in the first instance and the provisions of the Code of Service Discipline apply accordingly. However, if the new punishment involves incarceration, the term of the new punishment is to be reckoned from the date of substitution. 1998, c. 35, s. 82
43 The portion of section 251 of the Act before
paragraph (b) is replaced by the following: Oaths 251 At summary hearings and courts martial, and at proceedings before a military judge, board of inquiry or commissioner taking evidence under this Act, an oath must be taken by or administered to the following persons in the manner and in the forms prescribed in regulations made by the Governor in Council: (a) the officer conducting the summary hearing;
2013, c. 24, s. 104
44 Paragraph 302(d) of the Act is replaced by the
following:
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(d) prints observations or uses words likely to bring a
proceeding under Part II, III or IV into disrepute or likely to influence improperly a board of inquiry, the Grievances Committee, the Military Judges Inquiry Committee, a court martial, a military judge, an officer conducting a summary hearing, a commissioner taking evidence under this Act, the Military Police Complaints Commission, an inquiry committee established under the regulations or a witness at a proceeding under Part II, III or IV; or
45 The Act is amended by adding the following after section 302:
Publication prohibited 303 (1) No person shall publish in any document, or broadcast or transmit in any way, any of the following: (a) the contents of an application made under section 180.03; (b) any evidence taken, information given or submissions made at a hearing under subsection 180.04(1) or 180.06(2); (c) the determination of a military judge in respect of the making of an order under subsection 180.05(1) or 180.07(1) and the reasons provided under section 180.08, unless the military judge, after taking into account the interests of military justice and the right to privacy of the person to whom the record relates, orders that the determination and the reasons may be published, broadcast or transmitted.
Offence (2) Every person who contravenes subsection (1) is guilty of an offence punishable on summary conviction.
Definition of record (3) In this section, record has the same meaning as in
section 180.01. Failure to comply — orders under sections 183.5 and 183.6 303.1 (1) Every person who fails to comply with an order made under section 183.5 or 183.6 is guilty of an offence punishable on summary conviction.
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Application of order (2) For greater certainty, an order referred to in subsection (1) applies to prohibit, in relation to proceedings taken against any person who fails to comply with the order, the publication in any document or the broadcasting or transmission in any way of information that could identify a victim, witness or military justice system participant whose identity is protected by the order. Replacement of “service tribunal” 46 The Act is amended by replacing every reference to “service tribunal” with a reference to “court martial” in the following provisions: (a) section 121; (b) subsection 132(2); (c) subsection 145(2); (d) section 149; (e) paragraph 202.14(2)(c); (f) subsection 204(1); (g) subsection 226(2); and (h) subsections 249.25(1), (2) and (4).
R.S., c. C-46
Related Amendments to the Criminal Code 2001, c. 32, s. 11
47 (1) Paragraph 423.1(1)(b) of the Criminal Code
is replaced by the following: (b) a justice system participant or military justice system participant in order to impede him or her in the performance of his or her duties; or (2) Section 423.1 of the Act is amended by adding
the following after subsection (3):
Definition of military justice system participant (4) In this section, military justice system participant
has the same meaning as in subsection 2(1) of the National Defence Act.
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Consequential Amendments R.S., c. C-5
Canada Evidence Act 2001, c. 41, s. 43
48 Subsection 38.01(5) of the Canada Evidence Act is replaced by the following:
Military proceedings (5) In the case of a proceeding under Part III of the National Defence Act, other than a summary hearing as defined in subsection 2(1) of that Act, notice under any of subsections (1) to (4) shall be given to both the Attorney General of Canada and the Minister of National Defence.
2001, c. 41, s. 43
49 Subsection 38.03(2) of the Act is replaced by
the following: Military proceedings (2) In the case of a proceeding under Part III of the National Defence Act, other than a summary hearing as defined in subsection 2(1) of that Act, the Attorney General of Canada may authorize disclosure only with the agreement of the Minister of National Defence.
2013, c. 9, s. 19(3)
50 (1) Paragraph 38.04(5)(a) of the Act is replaced
by the following: (a) shall hear the representations of the Attorney General of Canada and, in the case of a proceeding under Part III of the National Defence Act, other than a summary hearing as defined in subsection 2(1) of that Act, the Minister of National Defence, with respect to making the application public;
2013, c. 9, s. 19(3)
(2) Paragraph 38.04(5)(a.2) of the Act is replaced by the following: (a.2) shall hear the representations of the Attorney
General of Canada and, in the case of a proceeding under Part III of the National Defence Act, other than a summary hearing as defined in subsection 2(1) of that Act, the Minister of National Defence, concerning the identity of all parties or witnesses whose interests may be affected by either the prohibition of disclosure or the conditions to which disclosure is subject, and
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concerning the persons who should be given notice of any hearing of the matter; 2001, c. 41, s. 43; 2013, c. 9, s. 21(1)
51 Subsections 38.11(1.1) and (2) of the Act are replaced by the following: Special rules — hearing in National Capital Region (1.1) A hearing under subsection 38.04(5) or an appeal or
review of an order made under any of subsections 38.06(1) to (3) shall, at the request of either the Attorney General of Canada or, in the case of a proceeding under Part III of the National Defence Act, other than a summary hearing as defined in subsection 2(1) of that Act, the Minister of National Defence, be held or heard, as the case may be, in the National Capital Region, as described in the schedule to the National Capital Act.
Ex parte representations (2) The judge conducting a hearing under subsection
38.04(5) or the court hearing an appeal or review of an order made under any of subsections 38.06(1) to (3) may give any person who makes representations under paragraph 38.04(5)(d), and shall give the Attorney General of Canada and, in the case of a proceeding under Part III of the National Defence Act, other than a summary hearing as defined in subsection 2(1) of that Act, the Minister of National Defence, the opportunity to make representations ex parte.
2001, c. 41, s. 43
52 Subsection 38.13(2) of the Act is replaced by
the following: Military proceedings (2) In the case of a proceeding under Part III of the National Defence Act, other than a summary hearing as defined in subsection 2(1) of that Act, the Attorney General of Canada may issue the certificate only with the agreement, given personally, of the Minister of National Defence. 2001, c. 41, s. 43
53 Subsection 38.131(3) of the Act is replaced by
the following: Military proceedings (3) In the case of proceedings under Part III of the National Defence Act, other than a summary hearing as defined in subsection 2(1) of that Act, notice under
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subsection (2) shall be given to both the Attorney General of Canada and the Minister of National Defence.
2001, c. 41, s. 44
54 Item 10 of the schedule to the Act is replaced
by the following: 10 A court martial or a military judge for the purposes of Part III of the National Defence Act R.S., c. F-7; 2002, c. 8, s. 14
Federal Courts Act 2002, c. 8, s. 28
55 Subsection 18.3(2) of the Federal Courts Act is
replaced by the following: Reference by Attorney General of Canada (2) The Attorney General of Canada may, at any stage of
the proceedings of a federal board, commission or other tribunal, other than a court martial and an officer conducting a summary hearing, as defined in subsection 2(1) of the National Defence Act, refer any question or issue of the constitutional validity, applicability or operability of an Act of Parliament or of regulations made under an Act of Parliament to the Federal Court for hearing and determination. 2002, c. 8, s. 54(1)
56 Subsection 57(1) of the Act is replaced by the
following: Constitutional questions 57 (1) If the constitutional validity, applicability or operability of an Act of Parliament or of the legislature of a province, or of regulations made under such an Act, is in question before the Federal Court of Appeal or the Federal Court or a federal board, commission or other tribunal, other than a court martial and an officer conducting a summary hearing, as defined in subsection 2(1) of the National Defence Act, the Act or regulation shall not be judged to be invalid, inapplicable or inoperable unless notice has been served on the Attorney General of Canada and the attorney general of each province in accordance with subsection (2). R.S., c. G-3
Geneva Conventions Act 1990, c. 14, s. 2
57 Subsection 3(4) of the Geneva Conventions Act is replaced by the following:
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Consent (4) Proceedings with respect to an offence referred to in subsection (1), other than proceedings before a court martial, as defined in subsection 2(1) of the National Defence Act, may only be commenced with the personal consent in writing of the Attorney General of Canada or the Deputy Attorney General of Canada and be conducted by the Attorney General of Canada or by counsel acting on behalf of the Attorney General of Canada. R.S., c. V-2
Visiting Forces Act 58 Section 8 of the Visiting Forces Act is replaced by the following:
Witnesses 8 The members of a service court of a visiting force, exercising jurisdiction by virtue of this Act, and witnesses appearing before such a service court have the same immunities and privileges as a court martial exercising jurisdiction under the National Defence Act and witnesses appearing before a court martial.
2004, c. 10
Sex Offender Information Registration Act 2007, c. 5, s. 47(6)
59 (1) Subparagraph 16(4)(h)(i) of the Sex Offender Information Registration Act is replaced by the following: (i) to a prosecutor in connection with a proceeding that results from an investigation referred to in paragraph (c) and that is before a court of criminal jurisdiction or a superior court of criminal jurisdiction, as defined in section 2 of the Criminal Code, or a court martial, as defined in subsection 2(1) of the National Defence Act,
2007, c. 5, s. 47(6)
(2) Subparagraphs 16(4)(h)(iii) and (iv) of the Act
are replaced by the following: (iii) to the court or military judge presiding over the proceeding or appeal, or
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(iv) to a review authority referred to in section 163.6 of the National Defence Act for its review under that section and to a person who provides legal advice to the review authority in connection with that review; 2014, c. 27
Prohibiting Cluster Munitions Act 60 Section 18 of the Prohibiting Cluster Munitions Act is replaced by the following: Consent of Attorney General of Canada 18 Proceedings for an offence under section 17 or under
a regulation made under section 23, other than proceedings before a court martial as defined in subsection 2(1) of the National Defence Act, may only be commenced with the personal consent in writing of the Attorney General of Canada. 2015, c. 13, s. 2
Canadian Victims Bill of Rights 61 Subsection 18(3) of the Canadian Victims Bill
of Rights is replaced by the following:
National Defence Act (3) Subject to subsection (4), this Act does not apply in
respect of offences that are service offences, as defined in subsection 2(1) of the National Defence Act, that are investigated or proceeded with under that Act.
Application (4) This Act applies in respect of an offender who is convicted of a service offence, as defined in subsection 2(1) of the National Defence Act and who is committed to a penitentiary or a civil prison, as those terms are defined in that subsection. 62 Subsection 22(2) of the Act is replaced by the
following: Exception — Acts, regulations, etc. (2) Subsection (1) does not apply in respect of the Canadian Bill of Rights, the Canadian Human Rights Act, the Official Languages Act, the Access to Information Act and the Privacy Act and in respect of orders, rules and
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regulations made under any of those Acts. It also does not apply in respect of Division 1.1 of Part III of the National Defence Act and in respect of any orders, rules and regulations made under that Act to the extent that they apply in relation to that Division.
Related and Coordinating Amendments 2013, c. 24
63 (1) In
this section, other Act means the Strengthening Military Justice in the Defence of Canada Act.
(2) If section 12 of the other Act comes into force before section 3 of this Act, then that section 3 is repealed. (3) If section 12 of the other Act comes into force on the same day as section 3 of this Act, then that section 3 is deemed to have come into force before that section 12. (4) On the first day on which both section 14 of
the other Act and subsection 2(1) of this Act are in force, paragraph 66(1)(b) of the National Defence Act is replaced by the following: (b) has been found guilty by a court martial, civil court or court of a foreign state on a charge of having committed that offence and has been either punished in accordance with the sentence or discharged absolutely or on conditions. (5) On the first day on which both section 24 of the other Act and subsection 2(1) of this Act are in force, section 148 of the National Defence Act is replaced by the following:
Imprisonment or detention 148 (1) A court martial that sentences an offender to imprisonment or detention for a period of 14 days or less may, on application of the offender and having regard to the offender’s age and character, the nature of the offence and the circumstances surrounding its commission, and the availability of appropriate accommodation to ensure compliance with the sentence, order (a) that the sentence be served intermittently at the times specified in the order; and
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(b) that the offender comply with any conditions prescribed in the order when the offender is not in confinement during the period during which the sentence is served. Application to vary intermittent sentence (2) An offender who is ordered to serve a sentence intermittently may apply to have the sentence served on consecutive days by applying to a military judge after giving notice to the Director of Military Prosecutions. New sentence of imprisonment or detention (3) If a court martial imposes a sentence of imprisonment or detention on an offender who is subject to an intermittent sentence in respect of another offence, the unexpired portion of the intermittent sentence is to be served on consecutive days unless the court martial orders otherwise.
Hearing into breach of conditions (4) On application by a representative of the Canadian
Forces who is a member of a class designated for that purpose by regulations made by the Governor in Council, a determination of whether an offender has breached a condition imposed under paragraph (1)(b) may be made by a military judge. Consequences of breach (5) If a military judge determines, after giving the offender and the applicant an opportunity to make representations, that the offender has breached a condition, the military judge may (a) revoke the order made under subsection (1) and
order that the offender serve the sentence on consecutive days; or (b) vary any conditions imposed under paragraph (1)(b) and substitute or add other conditions as the military judge sees fit. (6) On the first day on which both section 27 of the other Act and subsection 2(1) of this Act are in force, paragraph 155(2.1)(b) of the National Defence Act is replaced by the following: (b) they have no reasonable grounds to believe that, if the person is not so arrested, the person will fail to attend before a court martial in order to be dealt with according to law. (7) On the first day on which both section 65 of
the other Act and subsection 2(1) of this Act are
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in force, subsection 216(2.1) of the National Defence Act is replaced by the following: Notification (2.1) A suspending authority that suspends a punishment shall provide written reasons for the suspension to any person prescribed in regulations made by the Governor in Council. (8) On the first day on which both section 74 of the other Act and subsection 2(1) of this Act are in force, subsection 249.25(1) of the National Defence Act is replaced by the following:
Restitution of property 249.25 (1) A court martial that finds a person guilty of
an offence shall order that any property obtained by the commission of the offence be restored to the person apparently entitled to it if, at the time of the trial, the property is before the court martial or has been detained so that it can be immediately restored under the order to the person so entitled. (9) If section 24 of this Act comes into force before section 34 of the other Act, then that section 34 is repealed. (10) If section 34 of the other Act comes into force on the same day as section 24 of this Act, then that section 34 is deemed to have come into force before that section 24. (11) If section 25 of this Act comes into force before section 35 of the other Act, then that section 35 is repealed. (12) If section 35 of the other Act comes into force on the same day as section 25 of this Act, then that section 35 is deemed to have come into force before that section 25. (13) If section 25 of this Act comes into force before subsection 36(1) of the other Act, then that subsection 36(1) is repealed. (14) If subsection 36(1) of the other Act comes into force on the same day as section 25 of this Act, then that subsection 36(1) is deemed to have come into force before that section 25. (15) If section 25 of this Act comes into force before subsection 36(2) of the other Act, then that subsection 36(2) is repealed.
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(16) If subsection 36(2) of the other Act comes into force on the same day as section 25 of this Act, then that subsection 36(2) is deemed to have come into force before that section 25. (17) If section 25 of this Act comes into force before subsection 36(3) of the other Act, then that subsection 36(3) is repealed. (18) If subsection 36(3) of the other Act comes into force on the same day as section 25 of this Act, then that subsection 36(3) is deemed to have come into force before that section 25. (19) If section 25 of this Act comes into force before subsection 36(4) of the other Act, then that subsection 36(4) is repealed. (20) If subsection 36(4) of the other Act comes into force on the same day as section 25 of this Act, then that subsection 36(4) is deemed to have come into force before that section 25. (21) On the first day on which both section 62 of the other Act and section 25 of this Act are in force, (a) the heading before section 203.1 of the National Defence Act is replaced by the following:
Purpose and Principles of Sentencing by Courts Martial (b) subsection 203.1(1) of the National Defence
Act is replaced by the following:
Fundamental purpose of sentencing 203.1 (1) The fundamental purpose of sentencing is to
maintain the discipline, efficiency and morale of the Canadian Forces. (c) the portion of subsection 203.1(2) of the National Defence Act before paragraph (a) is replaced by the following: Objectives (2) The fundamental purpose of sentencing is to be achieved by imposing just punishments that have one or more of the following objectives: (d) paragraph 203.1(2)(c) of the National Defence Act is replaced by the following:
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(c) to denounce unlawful conduct and the harm done to victims or to the community that is caused by unlawful conduct; (e) paragraph 203.1(2)(i) of the National Defence Act is replaced by the following: (i) to promote a sense of responsibility in offenders
and an acknowledgment of the harm done to victims or to the community. (f) the portion of section 203.3 of the National Defence Act before paragraph (a) is replaced by the following:
Other sentencing principles 203.3 Sentences must be imposed in accordance with the following other principles: (g) section 203.4 of the National Defence Act is
replaced by the following: Abuse of persons under age of 18 203.4 When a court martial imposes a sentence for an offence that involved the abuse of a person under the age of 18 years, it shall give primary consideration to the objectives of denunciation and deterrence of such conduct. (h) sections 203.6 and 203.7 of the National Defence Act are replaced by the following:
Duty to consider victim impact statement 203.6 (1) For the purpose of determining the sentence
to be imposed on an offender or whether the offender should be discharged absolutely in respect of any offence, a court martial shall consider the statement of any victim of the offence describing the physical or emotional harm done to, or property damage or economic loss suffered by, the victim as a result of the commission of the offence and the impact of the offence on the victim. Filing of statement (2) The victim’s statement must be filed in accordance with regulations made by the Governor in Council.
Presentation of statement (3) Unless the court martial considers that it would not be in the best interests of the administration of military justice, the court martial shall, at the victim’s request, permit the victim to present the statement by (a) reading it;
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(b) reading it in the presence and close proximity of any support person of the victim’s choice; (c) subject to subsection 203.7(4), reading it outside the courtroom or behind a screen or other device that would allow the victim not to see the offender; or (d) presenting it in any other manner that the court
martial considers appropriate.
Evidence concerning victim admissible (4) Whether or not a statement has been prepared and
filed in accordance with this section, the court martial may consider any other evidence concerning any victim of the offence for the purpose of determining the sentence to be imposed on the offender or determining whether the offender should be discharged absolutely. Inquiry by court martial 203.7 (1) As soon as feasible after a finding of guilt and
in any event before imposing sentence, the court martial shall inquire of the prosecutor whether reasonable steps have been taken to provide the victim with an opportunity to prepare a statement referred to in subsection 203.6(1). Adjournment (2) On application of the prosecutor or a victim or on its
own motion, the court martial may adjourn the proceedings to permit a victim to prepare a statement or to present evidence in accordance with subsection 203.6(4), if the court martial is satisfied that the adjournment would not interfere with the proper administration of military justice. Photograph (3) During the presentation (a) the victim may have with them a photograph of themselves taken before the commission of the offence if it would not, in the opinion of the court martial, disrupt the proceedings; or (b) if the statement is presented by an individual acting on the victim’s behalf, that individual may have with them a photograph of the victim taken before the commission of the offence if it would not, in the opinion of the court martial, disrupt the proceedings. Conditions of exclusion (4) The victim shall not present the statement outside the courtroom unless arrangements are made for the offender and the court martial to watch the presentation by means of closed-circuit television or otherwise and the
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offender is permitted to communicate with counsel while watching the presentation.
Consideration of statement (5) In considering the statement, the court martial shall take into account the portions of the statement that it considers relevant to the determination referred to in subsection 203.6(1) and disregard any other portion.
Military Impact Statement Military impact statement 203.71 (1) When determining the sentence to be imposed on an offender or determining whether the offender should be discharged absolutely in respect of any service offence, the court martial shall consider any statement made on the behalf of the Canadian Forces describing the harm done to discipline, efficiency or morale as a result of the commission of the offence and the impact of the offence on discipline, efficiency or morale.
Filing of statement (2) The statement must be prepared by an officer or noncommissioned member who is authorized to do so by regulations made by the Governor in Council and it must be filed in accordance with regulations made by the Governor in Council. Presentation of statement (3) The court martial shall, at the request of the person who made the statement, permit the person to present the statement by reading it or by presenting it in any other manner that the court martial considers appropriate.
Copy of statement (4) The court martial shall, as soon as feasible after a
finding of guilt, cause a copy of the statement to be provided to the prosecutor and to the offender or counsel for the offender.
Community Impact Statement Community impact statement 203.72 (1) When determining the sentence to be imposed on an offender or determining whether the offender should be discharged absolutely in respect of any service offence, the court martial shall consider any statement made by an individual on a community’s behalf, describing the harm or loss suffered by the community as a
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result of the commission of the offence and the impact of the offence on the community. Filing of statement (2) The statement must be filed in accordance with regulations made by the Governor in Council.
Presentation of statement (3) The court martial shall, at the request of the individual who made the statement, permit the individual to present the statement by (a) reading it; (b) reading it in the presence and close proximity of any support person of the individual’s choice; (c) subject to subsection (4), reading it outside the
courtroom or behind a screen or other device that would allow the individual not to see the offender; or (d) presenting it in any other manner that the court
martial considers appropriate.
Conditions of exclusion (4) The individual making the statement shall not present it outside the courtroom unless arrangements are made for the offender and the court martial to watch the presentation by means of closed-circuit television or otherwise and the offender is permitted to communicate with counsel while watching the presentation.
Copy of statement (5) The court martial shall, as soon as feasible after a finding of guilt, cause a copy of the statement to be provided to the prosecutor and to the offender or counsel for the offender. (i) subsection 203.8(1) of the National Defence
Act is replaced by the following: Absolute discharge 203.8 (1) If an accused person pleads guilty to or is
found guilty of an offence, other than an offence for which a minimum punishment is prescribed by law or an offence punishable by imprisonment for 14 years or for life, the court martial before which the accused appears may, if it considers it to be in the accused person’s best interests and not contrary to the public interest, instead of convicting the accused person, direct that they be discharged absolutely.
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(j) the portion of subsection 203.8(2) of the English version of the National Defence Act before paragraph (a) is replaced by the following:
Effect of discharge (2) If a court martial directs that an offender be discharged absolutely of an offence, the offender is deemed not to have been convicted of the offence, except that (k) paragraph 203.8(2)(b) of the National Defence Act is replaced by the following: (b) the Minister may appeal from the decision not to convict the offender of the offence as if that decision were a finding of not guilty in respect of the offence; and (l) the National Defence Act is amended by adding the following before section 203.9:
Court martial to consider restitution order 203.81 (1) A court martial that imposes a sentence on an offender or directs that an offender be discharged absolutely shall consider making a restitution order under section 203.9.
Inquiry by court martial (2) As soon as feasible after a finding of guilt and in any event before imposing the sentence or directing that the offender be discharged absolutely, the court martial shall inquire of the prosecutor whether reasonable steps have been taken to provide the victims with an opportunity to indicate whether they are seeking restitution for their losses and damages, the amount of which must be readily ascertainable.
Adjournment (3) On application of the prosecutor or on its own motion, the court martial may adjourn the proceedings to permit the victims to indicate whether they are seeking restitution or to establish their losses and damages, if the court martial is satisfied that the adjournment would not interfere with the proper administration of military justice. Form (4) Victims and other persons may indicate whether they
are seeking restitution by completing a form prescribed in regulations made by the Governor in Council and by filing it in accordance with the procedures provided for in
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regulations made by the Governor in Council, and, if they are seeking restitution, shall establish, in the same manner, their losses and damages, the amount of which must be readily ascertainable. Reasons (5) If a victim seeks restitution and the court martial does not make a restitution order, it shall include in the court record a statement of its reasons for not doing so. (m) sections 203.91 and 203.92 of the National Defence Act are replaced by the following:
Ability to pay 203.901 The offender’s financial means or ability to pay does not prevent the court martial from making an order under section 203.9.
Payment under order 203.902 In making an order under section 203.9, the
court martial shall require the offender to pay the full amount specified in the order by the day specified in the order, unless the court martial is of the opinion that the amount should be paid in instalments, in which case the court martial shall set out a periodic payment scheme in the order. More than one person 203.91 An order under section 203.9 may be made in respect of more than one person, in which case the order must specify the amount that is payable to each person. The order may also specify the order of priority in which those persons are to be paid. Enforcing restitution order 203.92 (1) An offender who fails to pay an amount that
is ordered to be paid in a restitution order by the day specified in the order or who fails to make a periodic payment required under the order is in default of the order, and the person who was to be paid the amount or to whom the periodic payment was to be made, as the case may be, may, by filing the order, enter as a judgment any amount ordered to be paid that remains unpaid under the order in any civil court that has jurisdiction to enter a judgment for that amount, and that judgment is enforceable against the offender in the same manner as if it were a judgment rendered against the offender in that court in civil proceedings. Moneys found on offender (2) All or any part of an amount that is ordered to be paid in a restitution order may be taken out of moneys
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found in the possession of the offender at the time of their arrest if the court martial making the order, on being satisfied that ownership of or right to possession of those moneys is not disputed by claimants other than the offender, so directs. (n) section 203.93 of the English version of the
National Defence Act is replaced by the following: Notice of order 203.93 A court martial that makes a restitution order
shall cause notice of the content of the order, or a copy of the order, to be given to the person to whom the restitution is ordered to be paid. (22) On the first day on which both section 62 of the other Act and this section are in force, subparagraph 203.3(a)(ii) of the National Defence Act is replaced by the following: (ii) the offence was motivated by bias, prejudice or hate based on race, national or ethnic origin, language, colour, religion, sex, age, mental or physical disability, sexual orientation, or gender identity or expression, or on any other similar factor, (23) On the first day on which both section 62 of the other Act and this section are in force, paragraphs 203.3(c) and (d) of the National Defence Act are replaced by the following: (c) an offender should not be deprived of liberty by
imprisonment or detention if less restrictive punishments may be appropriate in the circumstances; (c.1) all available punishments, other than imprisonment and detention, that are reasonable in the circumstances and consistent with the harm done to victims or to the community should be considered for all offenders, with particular attention to the circumstances of Aboriginal offenders; (d) a sentence should be the least severe sentence required to maintain the discipline, efficiency and morale of the Canadian Forces; and (24) On the first day on which both section 50 of the other Act and section 27 of this Act are in force, section 180 of the National Defence Act and the heading before it are replaced by the following:
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Admission to Courts Martial and Certain Proceedings Before Military Judges Proceedings public 180 (1) Unless this Act provides otherwise, court martial proceedings, and proceedings before military judges under any of sections 147.6, 148, 158.7, 159, 187, 215.2 and 248.81, must be public and, to the extent that accommodation permits, the public must be admitted to the proceedings.
Exception (2) A military judge or, if a court martial has been convened, the military judge assigned to preside at the court martial may, on application of the prosecutor or a witness or on the military judge’s own motion, order that the public be excluded during the whole or any part of the proceedings or order that the witness testify behind a screen or other device that would allow the witness not to be seen by members of the public, if the military judge considers that it is necessary in the interests of public safety, public morals, the maintenance of order or the proper administration of military justice, or to prevent injury to international relations, national defence or national security.
Factors to be considered (3) In determining whether the order is in the interest of the proper administration of military justice, the military judge shall consider (a) society’s interest in encouraging the reporting of
service offences and the participation of victims and witnesses in the military justice process; (b) the safeguarding of the interests of witnesses under the age of 18 years in all proceedings; (c) the ability of any witness, if the order were not
made, to give a full and candid account of the acts complained of; (d) whether any witness needs the order for their security or to protect them from intimidation or retaliation; (e) the protection of military justice system participants who are involved in the proceedings; (f) whether effective alternatives to the making of the
order are available in the circumstances; (g) the salutary and deleterious effects of the order;
and
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(h) any other factor that the military judge considers
relevant.
No adverse inference (4) No adverse inference may be drawn from the fact
that an order is, or is not, made under this section.
Reasons to be stated (5) If a person is charged with an offence punishable under section 130 that is an offence under section 151, 152, 153, 153.1 or 155, subsection 160(2) or (3) or section 163.1, 170, 171, 171.1, 172, 172.1, 172.2, 173, 271, 272, 273, 279.01, 279.011, 279.02, 279.03, 286.1, 286.2 or 286.3 of the Criminal Code and the prosecutor or the person applies for an order under subsection (2), the military judge shall, if no such order is made, state, by reference to the circumstances of the case, the reasons for not making an order.
Witnesses (6) Witnesses are not to be admitted to the proceedings except when under examination or by leave of the military judge.
Clearing court (7) For the purpose of any deliberation, the military judge may cause the place where the proceedings are being held to be cleared. (25) On the first day on which both section 64 of
the other Act and section 34 of this Act are in force, (a) subsections 215(1) to (3) of the National Defence Act are replaced by the following:
Suspension of execution of punishment 215 (1) If an offender is sentenced to imprisonment or
detention, the execution of the punishment may be suspended by the court martial that imposes the punishment or, if the offender’s sentence is affirmed, is substituted or is imposed on appeal, by the Court Martial Appeal Court. Consideration of victim’s safety and security (1.1) If the court martial or the Court Martial Appeal
Court, as the case may be, makes a decision that the execution of the punishment be suspended, it shall include
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in the decision a statement that it has considered the safety and security of every victim of the offence. Copy to victim (1.2) The court martial or the Court Martial Appeal
Court, as the case may be, shall, on request by a victim of the offence, cause a copy of the decision to be given to the victim. Conditions (2) In suspending the execution of a punishment, the court martial or the Court Martial Appeal Court, as the case may be, shall impose the following conditions on the offender: (a) to keep the peace and be of good behaviour; (b) to attend any hearing under section 215.2 when ordered to do so by the appropriate person referred to in paragraph 215.2(1)(a) or (b); and (c) in the case of an offender who is not an officer or a non-commissioned member, to notify the Provost Marshal in advance of any change of name or address, and to promptly notify the Provost Marshal of any change of employment or occupation.
Other conditions (3) The court martial or the Court Martial Appeal Court
may, in addition to the conditions described in subsection (2), impose any reasonable conditions. (b) sections 215.1 and 215.2 of the National Defence Act are replaced by the following:
Varying conditions 215.1 On application by an offender, a condition imposed under subsection 215(3) or varied, added or substituted under this section or section 215.2 may be varied, or another condition may be substituted for that condition, by (a) a military judge, in the case of a condition imposed, varied, added or substituted by a court martial; or (b) a judge of the Court Martial Appeal Court, in the
case of a condition imposed, varied, added or substituted by that Court. Hearing into breach of conditions 215.2 (1) On application by a representative of the Canadian Forces who is a member of a class designated for that purpose by regulations made by the Governor in
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Council, a determination of whether an offender has breached a condition imposed under section 215 or varied, added or substituted under section 215.1 or this section may be made by (a) a military judge, in the case of a condition imposed, varied, added or substituted by a court martial; or (b) a judge of the Court Martial Appeal Court, in the
case of a condition imposed, varied, added or substituted by that Court. Revocation of suspension or changes to conditions (2) If a person referred to in paragraph (1)(a) or (b) determines, after giving the offender and the applicant an opportunity to make representations, that the offender has breached a condition, the person may (a) revoke the suspension of a punishment and commit the offender or, if the person is not empowered to commit the offender, direct an authority so empowered to do so; or (b) vary any conditions imposed under subsection 215(3) or varied, added or substituted under section 215.1 or this section, or add or substitute other conditions, as the person sees fit. (26) If section 69 of the other Act comes into force before section 37 of this Act, then that section 37 is replaced by the following: 37 Section 230 of the Act is amended by adding the following after paragraph (i): (i.1) the legality of a decision not to make an order under subsection 180.05(1) or of a decision to make or not to make an order under subsection 180.07(1); (27) If section 37 of this Act comes into force before section 69 of the other Act, then that section 69 is replaced by the following: 69 Section 230 of the Act is amended by striking out “or” at the end of paragraph (g) and by replacing paragraph (h) with the following: (h) the legality of an order made under section 147.1 or 226.2 and, with leave of the Court or a judge of the Court, the reasonableness of any period imposed under section 147.2; (i) the legality of an order made under section 148 and
the legality or, with leave of the Court or a judge of the Court, the severity of any condition imposed under that section;
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(j) the legality of a decision not to make an order under subsection 180.05(1) or of a decision to make or not to make an order under subsection 180.07(1); (k) the legality or, with leave of the Court or a judge of
the Court, the severity of a restitution order made under section 203.9, or the legality of an order made under section 249.25; or (l) the legality of a suspension of a sentence of imprisonment or detention and the legality or, with leave of the Court or a judge of the Court, the severity of any condition imposed, varied, added or substituted by a court martial under subsection 215(3) or section 215.1 or 215.2. (28) If section 69 of the other Act comes into force
on the same day as section 37 of this Act, then (a) that section 37 is deemed never to have come into force and is repealed; and (b) section 230 of the National Defence Act is
amended by adding the following after paragraph (i): (i.1) the legality of a decision not to make an order
under subsection 180.05(1) or of a decision to make or not to make an order under subsection 180.07(1); (29) If section 70 of the other Act comes into force before section 38 of this Act, then that section 38 is replaced by the following: 38 Section 230.1 of the Act is amended by adding
the following after paragraph (j): (j.1) the legality of a decision to make an order under
subsection 180.05(1) or 180.07(1); (30) If section 38 of this Act comes into force before section 70 of the other Act, then that section 70 is replaced by the following: 70 Section 230.1 of the Act is amended by striking out “or” at the end of paragraph (h) and by replacing paragraph (i) with the following: (i) the legality of an order made under section 147.1 or 226.2 and, with leave of the Court or a judge of the Court, the reasonableness of any period imposed under section 147.2; (j) the legality of an order made under section 148 and
the legality or, with leave of the Court or a judge of the
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Court, the severity of any condition imposed under that section; (k) the legality of a decision to make an order under
subsection 180.05(1) or 180.07(1); (l) the legality or, with leave of the Court or a judge of the Court, the severity of a restitution order made under section 203.9, or the legality of an order made under section 249.25; or (m) the legality of a suspension of a sentence of imprisonment or detention and the legality or, with leave of the Court or a judge of the Court, the severity of any condition imposed, varied, added or substituted by a court martial under subsection 215(3) or section 215.1 or 215.2. (31) If section 70 of the other Act comes into force on the same day as section 38 of this Act, then (a) that section 38 is deemed never to have come into force and is repealed; and (b) section 230.1 of the National Defence Act is
amended by adding the following after paragraph (j): (j.1) the legality of a decision to make an order under
subsection 180.05(1) or 180.07(1); (32) On the first day on which both section 63 of the other Act and section 46 of this Act are in force, subsection 204(1) of the National Defence Act is replaced by the following:
Commencement of term 204 (1) Subject to subsections (3) and 148(1) and sections 215 to 217, the term of a punishment of imprisonment or detention shall commence on the day on which the court martial pronounces sentence on the offender. (33) On the first day on which both section 75 of the other Act and this section are in force, the portion of subsection 249.27(1) of the French version of the National Defence Act before paragraph (a) is replaced by the following:
Déclaration de culpabilité — infraction particulière 249.27 (1) Quiconque est condamné pour l’une ou l’autre des infractions ci-après, ou l’a été avant l’entrée en vigueur du présent article, n’est pas condamné pour une infraction criminelle :
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(34) If section 75 of the other Act comes into force before the day on which this Act receives royal assent, the portion of paragraph 249.27(1)(a) of the National Defence Act before subparagraph (i) is replaced by the following: (a) an offence described in section 85, 86, 87, 89, 90,
91, 95, 96, 97, 99, 101, 101.1, 102, 103, 108, 109, 112, 116, 117, 118, 118.1, 120, 121, 122, 123, 126 or 129 for which the offender is sentenced to one or more of the following punishments: (35) If subsection (34) applies, the portion of
paragraph 249.27(1)(a) of the National Defence Act before subparagraph (i), as enacted by that subsection (34), is deemed to have been enacted on the day on which section 75 of the other Act came into force. (36) If subsection (34) does not apply, then on the
day on which section 75 of the other Act comes into force, the portion of paragraph 249.27(1)(a) of the National Defence Act before subparagraph (i) is replaced by the following: (a) an offence described in section 85, 86, 87, 89, 90,
91, 95, 96, 97, 99, 101, 101.1, 102, 103, 108, 109, 112, 116, 117, 118, 118.1, 120, 121, 122, 123, 126 or 129 for which the offender is sentenced to one or more of the following punishments: 2014, c. 6
64 (1) In this section, other Act means the Not Criminally Responsible Reform Act. (2) On the first day on which both section 25 of the other Act and section 7 of this Act are in force, section 71.04 of the National Defence Act is amended by striking out “and” at the end of paragraph (b) and by adding the following after that paragraph: (b.1) hearings held under section 202.161 to decide
whether the accused person is a high-risk accused and the dispositions made at those hearings; and (3) On the first day on which both section 25 of the other Act and section 29 of this Act are in force, (a) subsection 2(1) of the National Defence Act
is amended by adding the following in alphabetical order:
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serious personal injury offence means (a) a serious offence, or an offence referred to in section 77, 86, 87, 92, 95, 113, 120, 124 or 127, involving (i) the use or attempted use of violence against another person, or (ii) conduct endangering or likely to endanger the
life or safety of another person or inflicting or likely to inflict severe psychological damage upon another person, or (b) an offence punishable under section 130 that is an
offence under section 151, 152, 153, 153.1, 155, 160, 170, 171, 172, 271, 272 or 273 of the Criminal Code, or an attempt to commit such an offence; (infraction grave contre la personne) (b) subsection 189.1(12) of the National Defence Act is repealed; and (c) subsection 202.161(5) of the National Defence Act is repealed.
2013, c. 24 and 2014, c. 6
65 (1) The following definitions apply in this section. first Act means the Strengthening Military Justice in the Defence of Canada Act. (première loi) second Act means the Not Criminally Responsible Reform Act. (deuxième loi) (2) If both section 59 of the first Act and section 26 of the second Act come into force before subsection 2(3) of this Act, then, on the day on which that subsection 2(3) comes into force, (a) subsection 202.201(16) of the National Defence Act is replaced by the following: Victim impact statement (16) For the purpose of making or reviewing a disposition in respect of an accused person, a court martial shall consider the statement of any victim of the offence describing the physical or emotional harm done to, or property damage or economic loss suffered by, the victim as a result of the commission of the offence and the impact of the offence on the victim.
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(b) subsection 202.201(23) of the National Defence Act is repealed; and (c) section 203 of the National Defence Act and the heading “Interpretation” before it are repealed. (3) If section 59 of the first Act comes into force
before the day on which subsection 2(3) of this Act comes into force and that subsection 2(3) comes into force on the same day as section 26 of the second Act, then that section 26 is deemed to have come into force before that subsection 2(3) and subsection (2) applies as a consequence. (4) If section 26 of the second Act comes into force before the day on which subsection 2(3) of this Act comes into force and that subsection 2(3) comes into force on the same day as section 59 of the first Act, then that section 59 is deemed to have come into force before that subsection 2(3) and subsection (2) applies as a consequence. (5) If section 59 of the first Act, section 26 of the second Act and subsection 2(3) of this Act all come into force on the same day, then those sections 59 and 26 are deemed to have come into force before that subsection 2(3) and subsection (2) applies as a consequence. (6) If both section 59 of the first Act and subsection 2(3) of this Act come into force before section 26 of the second Act, then (a) subsection 202.201(15) of the National Defence Act is replaced by the following:
Victim impact statement (15) For the purpose of making or reviewing a disposition in respect of an accused person, a court martial shall consider the statement of any victim of the offence describing the physical or emotional harm done to, or property damage or economic loss suffered by, the victim as a result of the commission of the offence and the impact of the offence on the victim. (b) subsection 202.201(22) of the National Defence Act is repealed; (c) section 203 of the National Defence Act and the heading “Interpretation” before it are repealed; and (d) on the day on which that section 26 comes
into force,
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(i) subsection 202.201(16) of the National Defence Act is replaced by the subsection 202.201(16) of that Act that is set out in paragraph (2)(a), and (ii) subsection 202.201(23) of the National Defence Act is repealed. (7) If both section 26 of the second Act and subsection 2(3) of this Act come into force before section 59 of the first Act, then (a) the definition victim in subsection 2(1) of the National Defence Act is replaced by the following:
victim means a person against whom a service offence has been committed, or is alleged to have been committed, who has suffered, or is alleged to have suffered, physical or emotional harm, property damage or economic loss as a result of the commission or alleged commission of the offence and includes, for the purposes of Division 1.1 of Part III and section 202.201, a person who has suffered physical or emotional harm, property damage or economic loss as a result of the commission of a service offence against any other person. (victime) (b) subsection 202.201(16) of the National Defence Act is replaced by the subsection 202.201(16) of that Act that is set out in paragraph (2)(a); (c) subsection 202.201(23) of the National Defence Act is repealed; (d) section 59 of the first Act is repealed; and (e) section 62 of the first Act is amended by repealing the section 203 that it enacts and the heading “Interpretation” before that section 203. (8) If subsection 2(3) of this Act comes into force
before the day on which section 59 of the first Act comes into force and that section 59 comes into force on the same day as section 26 of the second Act, then (a) subsection 202.201(16) of the National Defence Act is replaced by the subsection 202.201(16) of that Act set out in paragraph (2)(a); (b) subsection 202.201(23) of the National Defence Act is repealed.
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(9) On the first day on which both section 59 of the first Act and subsection 2(3) of this Act are in force, the definition victim in subsection 2(1) of the National Defence Act is replaced by the following:
victim means a person against whom a service offence has been committed, or is alleged to have been committed, who has suffered, or is alleged to have suffered, physical or emotional harm, property damage or economic loss as a result of the commission or alleged commission of the offence and includes, for the purposes of Division 1.1 of Part III and sections 202.201, 203.6 and 203.7, a person who has suffered physical or emotional harm, property damage or economic loss as a result of the commission of a service offence against any other person. (victime) (10) If both section 59 of the first Act and section
26 of the second Act are not in force on the day on which subsection 2(4) of this Act comes into force, then (a) the portion of subsection 2(1.1) of the National Defence Act before paragraph (a) is replaced by the following: Acting on victim’s behalf (1.1) Any of the following individuals may exercise a victim’s rights under Division 1.1 of Part III or may act on a victim’s behalf for the purposes of section 189.1: (b) section 2 of the National Defence Act is amended by adding the following after subsection (1.2):
Exception — acting on victim’s behalf (1.3) An individual is not entitled to act on a victim’s behalf for the purposes of section 189.1 if the individual is an accused person in relation to the offence or alleged offence that resulted in the victim suffering harm or loss or is an individual who is found guilty of that offence or who is found not responsible on account of mental disorder or unfit to stand trial in respect of that offence. (11) If subsection (10) has produced its effects
and section 59 of the first Act is not in force on the day on which section 26 of the second Act comes into force, then (a) the portion of subsection 2(1.1) of the National Defence Act before paragraph (a) is replaced by the following:
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Acting on victim’s behalf (1.1) Any of the following individuals may exercise a victim’s rights under Division 1.1 of Part III or may act on a victim’s behalf for the purposes of sections 189.1 and 202.201: (b) subsection 2(1.3) of the National Defence Act is replaced by the following:
Exception — acting on victim’s behalf (1.3) An individual is not entitled to act on a victim’s behalf for the purposes of sections 189.1 and 202.201 if the individual is an accused person in relation to the offence or alleged offence that resulted in the victim suffering harm or loss or is an individual who is found guilty of that offence or who is found not responsible on account of mental disorder or unfit to stand trial in respect of that offence. (12) If subsection (10) has produced its effects,
then, on the day on which section 59 of the first Act comes into force, (a) the portion of subsection 2(1.1) of the National Defence Act before paragraph (a) is replaced by the following: Acting on victim’s behalf (1.1) Any of the following individuals may exercise a victim’s rights under Division 1.1 of Part III or may act on a victim’s behalf for the purposes of sections 189.1, 202.201, 203.6, 203.7 and 203.81: (b) subsection 2(1.3) of the National Defence Act is replaced by the following:
Exception — acting on victim’s behalf (1.3) An individual is not entitled to act on a victim’s behalf for the purposes of sections 189.1, 202.201, 203.6, 203.7 and 203.81 if the individual is an accused person in relation to the offence or alleged offence that resulted in the victim suffering harm or loss or is an individual who is found guilty of that offence or who is found not responsible on account of mental disorder or unfit to stand trial in respect of that offence. (13) If section 26 of the second Act comes into
force before subsection 2(4) of this Act and section 59 of the first Act is not in force on the day on which that subsection 2(4) comes into force — or if that section 26 and that subsection 2(4) come into force on the same day and that section 59 is not in force on that day — then, on the day on which that subsection 2(4) comes into force,
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(a) the portion of subsection 2(1.1) of the National Defence Act before paragraph (a) is replaced by the following:
Acting on victim’s behalf (1.1) Any of the following individuals may exercise a victim’s rights under Division 1.1 of Part III or may act on a victim’s behalf for the purposes of sections 189.1 and 202.201: (b) section 2 of the National Defence Act is
amended by adding the following after subsection (1.2): Exception — acting on victim’s behalf (1.3) An individual is not entitled to act on a victim’s behalf for the purposes of sections 189.1 and 202.201 if the individual is an accused person in relation to the offence or alleged offence that resulted in the victim suffering harm or loss or is an individual who is found guilty of that offence or who is found not responsible on account of mental disorder or unfit to stand trial in respect of that offence. (14) If subsection (13) has produced its effects,
then, on the day on which section 59 of the first Act comes into force, (a) the portion of subsection 2(1.1) of the National Defence Act before paragraph (a) is replaced by the following: Acting on victim’s behalf (1.1) Any of the following individuals may exercise a victim’s rights under Division 1.1 of Part III or may act on a victim’s behalf for the purposes of sections 189.1, 202.201, 203.6, 203.7 and 203.81: (b) subsection 2(1.3) of the National Defence
Act is replaced by the following:
Exception — acting on victim’s behalf (1.3) An individual is not entitled to act on a victim’s behalf for the purposes of sections 189.1, 202.201, 203.6, 203.7 and 203.81 if the individual is an accused person in relation to the offence or alleged offence that resulted in the victim suffering harm or loss or is an individual who is found guilty of that offence or who is found not responsible on account of mental disorder or unfit to stand trial in respect of that offence.
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(15) If section 59 of the first Act comes into force
before subsection 2(4) of this Act — or if that section 59 and that subsection 2(4) come into force on the same day — then, on the day on which that subsection 2(4) comes into force, (a) the portion of subsection 2(1.1) of the National Defence Act before paragraph (a) is replaced by the following: Acting on victim’s behalf (1.1) Any of the following individuals may exercise a victim’s rights under Division 1.1 of Part III or may act on a victim’s behalf for the purposes of sections 189.1, 202.201, 203.6, 203.7 and 203.81: (b) section 2 of the National Defence Act is
amended by adding the following after subsection (1.2):
Exception — acting on victim’s behalf (1.3) An individual is not entitled to act on a victim’s behalf for the purposes of sections 189.1, 202.201, 203.6, 203.7 and 203.81 if the individual is an accused person in relation to the offence or alleged offence that resulted in the victim suffering harm or loss or is an individual who is found guilty of that offence or who is found not responsible on account of mental disorder or unfit to stand trial in respect of that offence.
Transitional Provisions Proceedings 66 The National Defence Act, as it read immediately before the coming into force of section 25 of this Act, applies (a) in respect of proceedings against a person who is alleged to have committed a service offence that were commenced by the laying of a charge before the coming into force of that section 25; and (b) in respect of all matters related to those proceedings.
Section 203.1 of National Defence Act 67 Paragraphs 203.1(2)(c) and (i) of the National Defence Act, as enacted, respectively, by paragraphs 63(21)(d) and (e), apply only in respect of sentences imposed in respect of conduct engaged in on or after the day on which those paragraphs 63(21)(d) and (e) produce their effects.
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Coming into Force Order in council 68 (1) Subject to subsection (2), the provisions of
this Act, other than sections 63 to 67, come into force on a day or days to be fixed by order of the Governor in Council. Order in council (2) Sections 2 and 29 of this Act come into force on a day to be fixed by order of the Governor in Council.
Published under authority of the Speaker of the House of Commons 2015-2016-2017-2018-2019
Disponible sur le site Web de la Chambre des comm
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First Session, Forty-second Parliament, 64-65-66-67-68 Elizabeth II, 2015-2016-2017-2018-2019
STATUTES OF CANADA 2019
CHAPTER 14
An Act to amend the Fisheries Act and other Acts in consequence
ASSENTED TO JUNE 21, 2019 BILL C-68
RECOMMENDATION Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act to amend the Fisheries Act and other Acts in consequence”.
SUMMARY This enactment amends the Fisheries Act to, among other things, (a) require that, when making a decision under that Act, the Minister shall consider any adverse effects that the decision may have on the rights of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982, include provisions respecting the consideration and protection of Indigenous knowledge of the Indigenous peoples of Canada, and authorize the making of agreements with Indigenous governing bodies to further the purpose of the Fisheries Act; (b) add a purpose clause and considerations for decisionmaking under that Act; (c) empower the Minister to establish advisory panels and to set fees, including for the provision of regulatory processes; (d) provide measures for the protection of fish and fish habitat with respect to works, undertakings or activities that may result in the death of fish or the harmful alteration, disruption or destruction of fish habitat, including in ecologically significant areas, as well as measures relating to the modernization of the regulatory framework such as authorization of projects, establishment of standards and codes of practice, creation of fish habitat banks by a proponent of a project and establishment of a public registry; (e) empower the Governor in Council to make new regulations, including regulations respecting the rebuilding of fish stocks and importation of fish; (f) empower the Minister to make regulations for the purposes of the conservation and protection of marine biodiversity; (g) empower the Minister to make fisheries management orders prohibiting or limiting fishing for a period of 45 days to address a threat to the proper management and control of fisheries and the conservation and protection of fish; (h) prohibit the fishing of a cetacean with the intent to take it into captivity, unless authorized by the Minister, including when the cetacean is injured, in distress or in need of care; and (i) update and strengthen enforcement powers, as well as establish an alternative measures agreements regime; and
i
Chapter 14: An Act to amend the Fisheries Act and other Acts in consequence SUMMARY
(j) provide for the implementation of various measures relating to the maintenance or rebuilding of fish stocks.
The enactment also makes consequential amendments to other Acts.
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ii
64-65-66-67-68 ELIZABETH II
CHAPTER 14 An Act to amend the Fisheries Act and other Acts in consequence [Assented to 21st June, 2019] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: R.S., c. F-14
Fisheries Act 2012, c. 19, s. 133(3), c. 31, s. 175
1 (1) The definitions commercial, Indigenous and
recreational in subsection 2(1) of the Fisheries Act are repealed. 2012, c. 19, s. 133(3), c. 31, s. 175
(2) The definition Aboriginal in subsection 2(1) of
the English version of the Act is repealed.
R.S., c. 35 (1st Supp.), s. 5
(3) The definition pêcherie in subsection 2(1) of
the French version of the Act is repealed.
2012, c. 19, s. 133(2)
(4) The definition analyst in subsection 2(1) of the
Act is replaced by the following: analyst means a person who is designated under subsection 56.1(1) to perform the functions of an analyst; (analyste) 2012, c. 19, s. 133(3)
(5) The definition fish habitat in subsection 2(1) of the Act is replaced by the following:
fish habitat means water frequented by fish and any other areas on which fish depend directly or indirectly to carry out their life processes, including spawning grounds and nursery, rearing, food supply and migration areas; (habitat)
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R.S., c. 35 (1st Supp.), s. 5
(6) The definition fishery in subsection 2(1) of the
English version of the Act is replaced by the following: fishery with respect to any fish, includes, (a) any of its species, populations, assemblages and
stocks, whether the fish is fished or not, (b) any place where fishing may be carried on, (c) any period during which fishing may be carried on, (d) any method of fishing used, and (e) any type of fishing gear or equipment or fishing
vessel used; (pêche) 2012, c. 19, s. 133(3), c. 31, s. 175
(7) The definitions autochtone and pêche in subsection 2(1) of the French version of the Act are replaced by the following: autochtone Se dit, à l’égard de la pêche pratiquée par une organisation autochtone ou ses membres, de celle pratiquée à des fins de consommation personnelle, à des fins sociales ou cérémoniales ou à des fins prévues dans un accord sur des revendications territoriales conclu avec une organisation autochtone ou ses membres, conformément à la reconnaissance et à la confirmation des droits des peuples autochtones et des droits issus de traités au titre de l’article 35 de la Loi constitutionnelle de 1982 ou à des fins prévues dans toute mesure de mise en œuvre des droits convenue entre la Couronne et les peuples autochtones. (Indigenous) pêche S’entend de l’action de capturer ou de tenter de capturer du poisson par tout moyen et, en outre, notamment des espèces, populations, assemblages et stocks de poissons pêchés ou non, du lieu ou de la période où il est permis de pêcher ou de la méthode ou des types d’engins, d’équipements ou de bateaux de pêche utilisés. (fishery et fishing) (8) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:
Indigenous governing body means a council, government or other entity that is authorized to act on behalf of an Indigenous group, community or people that holds rights recognized and affirmed by section 35 of the Constitution Act, 1982; (corps dirigeant autochtone)
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Indigenous peoples of Canada has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982; (peuples autochtones du Canada) laws includes the by-laws made by an Indigenous governing body; (lois) (9) Subsection 2(1) of the English version of the
Act is amended by adding the following in alphabetical order: Indigenous, in relation to a fishery, means that fish is harvested by an Indigenous organization or any of its members pursuant to the recognition and affirmation of Aboriginal and treaty rights in section 35 of the Constitution Act, 1982 or for any purposes set out in any rights implementation measure as agreed to by the Crown and Indigenous peoples; (autochtone) 2012, c. 19, s. 133(4)
(10) Subsection 2(2) of the Act is repealed.
R.S., c. 35 (1st Supp.), s. 2
2 The heading “Purposes” after section 2 of the English version of the Act is replaced by the following:
Purpose 3 The Act is amended by adding the following after the heading “Purposes” after section 2:
Purpose of Act 2.1 The purpose of this Act is to provide a framework for (a) the proper management and control of fisheries;
and (b) the conservation and protection of fish and fish
habitat, including by preventing pollution.
Territorial Application Application 2.2 (1) This Act applies in Canada, and also to (a) Canadian fisheries waters; and (b) with respect to a sedentary species, any portion of the continental shelf of Canada that is beyond the limits of Canadian fisheries waters.
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Definition of sedentary species (2) For the purpose of paragraph (1)(b), sedentary
species means any organism that, at the harvestable stage, either is immobile on or under the seabed or is unable to move except by remaining in constant physical contact with the seabed or subsoil.
Indigenous Peoples of Canada Rights of Indigenous peoples of Canada 2.3 This Act is to be construed as upholding the rights of
Indigenous peoples recognized and affirmed by section 35 of the Constitution Act, 1982, and not as abrogating or derogating from them. Duty of Minister 2.4 When making a decision under this Act, the Minister shall consider any adverse effects that the decision may have on the rights of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982.
Considerations Considerations for decision making 2.5 Except as otherwise provided in this Act, when making a decision under this Act, the Minister may consider, among other things, (a) the application of a precautionary approach and
an ecosystem approach; (b) the sustainability of fisheries; (c) scientific information; (d) Indigenous knowledge of the Indigenous peoples of Canada that has been provided to the Minister; (e) community knowledge; (f) cooperation with any government of a province, any Indigenous governing body and any body — including a co-management body — established under a land claims agreement; (g) social, economic and cultural factors in the management of fisheries;
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(h) the preservation or promotion of the independence of licence holders in commercial inshore fisheries; and (i) the intersection of sex and gender with other identity factors. 4 The Act is amended by adding the following after section 4:
Advisory Panels Minister may establish advisory panels 4.01 (1) The Minister may, in order to carry out the purpose of this Act, establish advisory panels and provide for their membership, functions and operation.
Remuneration of members (2) Members of an advisory panel established under subsection (1) are to be paid any amount that is fixed by the Governor in Council for each day that they attend any of the advisory panel’s meetings. Expenses (3) The members are also entitled to be reimbursed, in
accordance with Treasury Board directives, for the travel, living and other expenses incurred in connection with their work for the panel while absent from their ordinary place of work, in the case of full-time members, or from their ordinary place of residence, in the case of part-time members. 2012, c. 19, s. 134
5 (1) The portion of subsection 4.1(1) of the Act before paragraph (a) is replaced by the following:
Minister may enter into agreements 4.1 (1) The Minister may enter into an agreement with
any government of a province, any Indigenous governing body and any body — including a co-management body — established under a land claims agreement, to further the purpose of this Act, including an agreement with respect to one or more of the following: 2012, c. 19, s. 134
(2) Paragraph 4.1(2)(h) of the Act is replaced by the following: (h) the circumstances and manner in which the government of the province or the Indigenous governing body is to provide information on the administration and enforcement of a provision of the laws of the
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province or the Indigenous governing body that the agreement provides is equivalent in effect to a provision of the regulations. 2012, c. 19, s. 134
(3) Subsection 4.1(4) of the Act is replaced by the following:
Agreements to be published (4) Subject to subsections (5) to (8), the Minister shall publish an agreement in the manner that he or she considers appropriate.
Publication of negotiated agreement (5) Before any agreement that is negotiated for the purposes of section 4.2 is entered into, the Minister shall publish the agreement, or give notice of its availability, in Part I of the Canada Gazette and in any other manner that he or she considers appropriate. Comments (6) Within 60 days after the publication of an agreement or the giving of notice of its availability, any person may file comments with the Minister.
Publication by Minister of results (7) After the end of the 60-day period, the Minister shall publish in Part I of the Canada Gazette and in any other manner that he or she considers appropriate a report that summarizes how any comments were dealt with or a notice of the availability of that report.
Publication of final agreements (8) The Minister shall publish any final agreement, or give notice of its availability, in Part I of the Canada Gazette and in any other manner that he or she considers appropriate.
Rights of Indigenous peoples (9) An agreement entered into under subsection (1) must
respect the rights recognized and affirmed by section 35 of the Constitution Act, 1982. 2012, c. 19, s. 134
6 Subsections 4.2(1) to (4) of the Act are replaced
by the following: Declaration of equivalent provisions 4.2 (1) If an agreement entered into under section 4.1
provides that there is in force a provision of the laws of the province or the Indigenous governing body that is equivalent in effect to a provision of the regulations, the Governor in Council may, by order, declare that certain
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provisions of this Act or of the regulations do not apply in the province or the territory governed by the Indigenous governing body, as the case may be, with respect to the subject matter of the provision of the laws of the province or the Indigenous governing body. Non-application of provisions (2) Except with respect to Her Majesty in right of
Canada, the provisions of this Act or of the regulations that are set out in the order do not apply within the province or the territory governed by the Indigenous governing body, as the case may be, with respect to the subject matter of the provision of the laws of the province or the Indigenous governing body. Revocation (3) The Governor in Council may revoke the order if the
Governor in Council is satisfied that the provision of the laws of the province or the Indigenous governing body, as the case may be, is no longer equivalent in effect to the provision of the regulations or is not being adequately administered or enforced. Notice (4) The Governor in Council may revoke the order only if the Minister has given notice of the proposed revocation to the government of the province or to the Indigenous governing body, as the case may be. 7 The Act is amended by adding the following after section 5: Exercise of powers 5.1 Every power that may be exercised in Canada by a
fishery officer or fishery guardian under this Act may be exercised anywhere this Act applies.
2012, c.19, s. 135
8 Section 6 of the Act and the heading before it are repealed. 2012, c. 19, s. 135
9 Section 6.1 of the Act is replaced by the following:
Fish Stocks Measures to maintain fish stocks 6.1 (1) In the management of fisheries, the Minister
shall implement measures to maintain major fish stocks at or above the level necessary to promote the sustainability of the stock, taking into account the biology of the
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fish and the environmental conditions affecting the stock. Limit reference point (2) If the Minister is of the opinion that it is not feasible
or appropriate, for cultural reasons or because of adverse socio-economic impacts, to implement the measures referred to in subsection (1), the Minister shall set a limit reference point and implement measures to maintain the fish stock above that point, taking into account the biology of the fish and the environmental conditions affecting the stock. Publication of decision (3) If the Minister sets a limit reference point in accordance with subsection (2), he or she shall publish the decision to do so, within a reasonable time and with reasons, on the Internet site of the Department of Fisheries and Oceans. Plan to rebuild 6.2 (1) If a major fish stock has declined to or below its
limit reference point, the Minister shall develop a plan to rebuild the stock above that point in the affected area, taking into account the biology of the fish and the environmental conditions affecting the stock, and implement it within the period provided for in the plan.
Amendment (2) If the Minister is of the opinion that such a plan
could result in adverse socio-economic or cultural impacts, the Minister may amend the plan or the implementation period in order to mitigate those impacts while minimizing further decline of the fish stock. Endangered or threatened species (3) Subsection (1) does not apply if the affected fish stock is an endangered species or a threatened species under the Species at Risk Act or if the implementation of international management measures by Canada does not permit it.
Publication of decision (4) If the Minister amends a plan in accordance with
subsection (2) or decides not to make one in accordance with subsection (3), he or she shall publish the decision to do so, within a reasonable time and with reasons, on the Internet site of the Department of Fisheries and Oceans.
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Restoration measures (5) In the management of fisheries, if the Minister is of
the opinion that the loss or degradation of the stock’s fish habitat has contributed to the stock’s decline, he or she shall take into account whether there are measures in place aimed at restoring that fish habitat. Regulations 6.3 The major fish stocks referred to in sections 6.1 and 6.2 are to be prescribed by regulations. 10 (1) Subsection 7(1) of the French version of the Act is replaced by the following:
Baux, permis et licences de pêche 7 (1) En l’absence d’exclusivité du droit de pêche conférée par la loi, le ministre peut, à discrétion, délivrer des baux et permis de pêche ainsi que des licences d’exploitation de pêches — ou en permettre la délivrance —, indépendamment du lieu de l’exploitation ou de l’activité de pêche. (2) Subsection 7(2) of the Act is replaced by the
following: Default of payment of fine (1.1) The Minister may refuse to issue a lease or licence for fisheries or fishing to a person, if, among other things, they are in default of payment of a fine in relation to a contravention of the Act and the proceeds of the fine belong to Her Majesty in Right of Canada or of a province or to any other person or entity.
Restriction (2) Except as otherwise provided in this Act or regulations made under it, leases or licences for any term of more than nine years shall be issued only under the authority of the Governor in Council. R.S., c. 31 (1st Supp.), s. 95
11 Sections 8 and 9 of the Act are replaced by the
following: Fees 8 (1) Except if fees are prescribed in this Act, the Governor in Council may, by regulation and on the recommendation of the Minister, prescribe the fees that are to be charged for fishery or fishing licences and for fishing quotas.
Periodic adjustment (2) For greater certainty, the regulations made under
subsection (1) may provide for periodic adjustment of the fees referred to in that subsection.
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Suspension or cancellation 9 (1) Subject to subsection (2), the Minister may suspend or cancel any lease or licence issued under the authority of this Act, if (a) he or she determines that any provision of that lease or licence was not complied with; (b) he or she determines that the lease or licence holder has, with respect to the lease or licence, entered into an agreement that contravenes any provision of this Act or of the regulations; or (c) the lease or licence holder is in default of payment of a fine in relation to a contravention of this Act and the proceeds of the fine belong to Her Majesty in right of Canada or of a province or to any other person or entity.
Restriction (2) The Minister may suspend or cancel a lease or licence under paragraph (1)(a) or (b) only if no proceedings under this Act have been commenced with respect to the non-compliance or contravention referred to in those paragraphs, as the case may be.
Fisheries Management Orders Powers of Minister 9.1 (1) The Minister may, if he or she is of the opinion that prompt measures are required to address a threat to the proper management and control of fisheries and the conservation and protection of fish, make a fisheries management order with respect to any aspect of fisheries in any area of Canadian fisheries waters specified in the order (a) prohibiting fishing of one or more species, populations, assemblages or stocks of fish; (b) prohibiting any type of fishing gear or equipment
or fishing vessel from being used; (c) limiting the fishing of any specified size, weight or
quantity of any species, populations, assemblages or stocks of fish; and (d) imposing any requirements with respect to fishing.
Conditions (2) The Minister may impose any conditions that he or
she considers appropriate in the order.
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Application of order (3) The fisheries management order may provide that it
applies only to (a) a particular class of persons, including (i) persons who fish using a particular method or a
particular type of gear or equipment, and (ii) persons who use fishing vessels of a particular
class; or (b) holders of a particular class of licence.
Duty to comply 9.2 Every person or holder to whom a fisheries management order applies shall comply with it.
Duration 9.3 (1) A fisheries management order issued under section 9.1 shall be in effect for the term specified in the order, which shall not exceed 45 days from the day on which the order is issued. Renewal of order (2) If the Minister is of the opinion that prompt measures continue to be required to address the threat referred to in subsection 9.1(1), he or she may renew the order for a term that does not exceed 45 days from the day on which it is issued. Amendment of order 9.4 (1) The Minister may amend a fisheries management order, other than its term, if he or she is of the opinion that the measures specified in the order are inadequate to address the threat referred to in subsection 9.1(1).
Revocation of order (2) If the Minister is of the opinion that the measures specified in the order are no longer necessary to address the threat or if the threat no longer exists, he or she may revoke the order.
Notice 9.5 (1) Notice of a fisheries management order shall be
given to the persons or holders to whom it applies, in the prescribed manner or, if there is no prescribed manner, using a method provided under section 7 of the Fishery (General) Regulations, with any necessary modifications.
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If notice not given (2) If notice is not given, then the contravention of a fisheries management order is not an offence under this Act unless, at the time of the contravention, reasonable steps had been taken to bring the substance of the order to the notice of the persons or holders to whom it applies.
Inconsistency 9.6 If there is an inconsistency between a fisheries management order and any regulations made under this Act, orders issued under those regulations or conditions of any lease or licence issued under this Act, the fisheries management order prevails to the extent of the inconsistency. Statutory Instruments Act 9.7 Orders made under section 9.1 are not statutory instruments for the purposes of the Statutory Instruments Act. 12 The Act is amended by adding the following after section 10:
Fees Fees for services or use of facilities 11 (1) The Minister may fix, by regulation, the fees to be
paid for a service or the use of a facility provided under this Act by him or her, the Department of Fisheries and Oceans or any board or agency of the Government of Canada for which he or she has responsibility.
Amount not to exceed cost (2) Fees that are fixed under subsection (1) shall not exceed the cost to Her Majesty in right of Canada of providing the service or the use of the facility.
Fees for products or cost recovery 12 (1) The Minister may fix, by regulation, fees in respect of the products provided or the recovery, in whole or in part, of costs that are incurred in relation to the administration of this Act by him or her, the Department of Fisheries and Oceans or any board or agency of the Government of Canada for which he or she has responsibility.
Amount not to exceed cost (2) Fees in respect of the product or recovery of costs
that are fixed under subsection (1) shall not exceed the
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cost to Her Majesty in right of Canada of providing the product or recovering of costs. Fees for rights and privileges 13 Subject to section 8, the Minister may fix, by regulation, fees payable in respect of a conferral, by means of a permit or authorization, of a right or privilege provided under this Act. Fees for providing regulatory processes 14 (1) The Minister may fix, by regulation, fees in respect of the provision of regulatory processes under this Act by him or her, the Department of Fisheries and Oceans or any board or agency of the Government of Canada for which he or she has responsibility.
Amount (2) Fees that are fixed under subsection (1) shall in the aggregate not exceed an amount sufficient to compensate Her Majesty in right of Canada for any reasonable expenses incurred by Her Majesty for the purpose of providing regulatory processes under this Act.
Periodic adjustment 15 Regulations made under any of sections 11 to 14 may provide for the periodic adjustment of the fees referred to in those sections.
Proceeds of fees — provinces 16 Any fees charged in relation to the issuance of a licence by an employee of a provincial government belong to Her Majesty in right of that province. 2012, c. 19, s. 136, c. 31, s.176
13 Section 20 of the Act and the heading before it are replaced by the following:
Prevention of the Escape of Fish 14 Section 23 of the French version of the Act is
replaced by the following: Défense de pêcher dans les zones louées à d’autres 23 Il est interdit de pêcher ou de tuer du poisson dans les eaux, sur la grève ou dans une pêche mentionnées dans un bail ou une licence, ou d’y mouiller ou utiliser quelque engin ou appareil de pêche, sans la permission de l’occupant selon le bail ou la licence alors en vigueur; il est également interdit de troubler ou d’endommager pareille pêche.
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15 Section 24 of the Act is replaced by the following:
Taking cetaceans into captivity 23.1 (1) Subject to subsection (2), no one shall fish for a
cetacean with the intent to take it into captivity. Exception (2) The Minister may, subject to any conditions that he
or she may specify, authorize a person to fish for a cetacean with the intent to take it into captivity if he or she is of the opinion that the circumstances so require, including when the cetacean is injured or in distress or is in need of care. Importation and exportation — cetaceans 23.2 (1) No person shall import into Canada or export
from Canada, or attempt to import or export, a living cetacean or sperm, an egg or an embryo of a cetacean, except in accordance with a permit issued under subsection (2). Issuance of permit (2) The Minister may issue a permit authorizing the importation or exportation of a living cetacean or sperm, an egg or an embryo of a cetacean and impose any conditions that the Minister considers appropriate in the permit, if the importation or exportation is for the purpose of (a) conducting scientific research; or (b) keeping the cetacean in captivity if it is in the best
interests of the cetacean’s welfare to do so. Amendment, suspension or cancellation (3) The Minister may amend, suspend or cancel a permit issued under subsection (2).
Seines, nets, etc., not to obstruct navigation 24 Seines, nets or other fishing apparatus shall not be set or used in such a manner or in such a place that they or any equipment that is attached to any of them obstructs the navigation of boats and vessels and no boats or vessels shall destroy or wantonly injure in any way seines, nets or other fishing apparatus lawfully set or used or any equipment that is attached to any of them.
1991, c. 1, s. 6
16 Subsections 25(1) and (2) of the French version of the Act are replaced by the following:
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Installation d’engins de pêche en période d’interdiction 25 (1) Sous réserve des règlements, il est interdit de placer des engins ou appareils de pêche dans les eaux, sur la grève ou dans une pêche durant une période d’interdiction.
Enlèvement des engins de pêche (2) Sous réserve des règlements et du paragraphe (3), les personnes qui placent des engins ou appareils de pêche dans les eaux, sur la grève ou dans une pêche sont tenues de les enlever dès qu’elles ont cessé de s’en servir et au plus tard avant le début de la période d’interdiction. 17 Section 28 of the Act is repealed. 2012, c. 31, s. 173
18 (1) The portion of subsection 29(1) of the Act before paragraph (a) is replaced by the following:
Obstructing passage of fish or waters 29 (1) No person shall, for the purpose of fishing, place,
erect, use or maintain any seine, net, weir or other fishing gear or apparatus, or any log, rock or material of any kind that 2012, c. 31, s. 173
(2) Subsection 29(2) of the Act is replaced by the
following: Removal (2) The Minister or a fishery officer may order the removal of or remove any seine, net, weir or other fishing gear or apparatus, or any log, rock or material of any kind that, in the opinion of the Minister or fishery officer, results in an obstruction referred to in paragraph (1)(a) or (b). 18.1 The Act is amended by adding the following after section 31:
Shark finning 32 (1) No person shall engage in the practice of shark finning.
Definition of shark finning (2) In this section, shark finning means the practice of
removing the fins from a shark and discarding the remainder of the shark while at sea. Importation and exportation 32.1 (1) No person shall import into Canada or export
from Canada, or attempt to so import or export, any
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shark fins or parts of shark fins that are not attached to a shark carcass except in accordance with a permit issued under subsection (2). Issuance of permit (2) The Minister may issue a permit authorizing the importation or exportation into or from Canada of any shark fins or parts of shark fins that are not attached to a shark carcass and impose any conditions that the Minister considers appropriate in the permit (a) if the importation or exportation is for the purpose
of scientific research relating to shark conservation; and (b) if, in the Minister’s opinion, the scientific research
is likely to benefit the survival of any shark species or is required to enhance the chances of survival of any shark species in the wild. Amendment, suspension or cancellation (3) The Minister may amend, suspend or cancel a permit
issued under subsection (2). 2012, c. 19, s. 140
19 The heading before section 34 of the Act is replaced by the following:
Fish and Fish Habitat Protection and Pollution Prevention 20 (1) The portion of subsection 34(1) of the Act before the first definition is replaced by the following:
Definitions 34 (1) The following definitions apply in this section
and sections 34.1 to 42.5. (2) Subsection 34(1) of the Act is amended by adding the following in alphabetical order:
designated project means a project that is designated by regulations made under paragraph 43(1)(i.5) or that belongs to a class of projects that is designated by those regulations and that consists of works, undertakings or activities, including any works, undertakings or activities that the Minister designates to be associated with the project; (projet désigné)
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ecologically significant area means an area designated by regulations made under subsection 35.2(2); (zone d’importance écologique) (3) Section 34 of the Act is amended by adding the
following after subsection (2): Application — Designated project (3) Any provision of this Act that applies to works, undertakings or activities also applies to the works, undertakings or activities of a designated project, except paragraphs 34.4(2)(a) to (c) and (e) and 35(2)(a) to (c) and (e). 21 The Act is amended by adding the following after section 34:
Factors 34.1 (1) Before recommending to the Governor in
Council that a regulation be made in respect of section 34.4, 35 or 35.1 or under subsection 35.2(10), 36(5) or (5.1), paragraph 43(1)(b.2) or subsection 43(5) or before exercising any power under subsection 34.3(2), (3) or (7), paragraph 34.4(2)(b) or (c), subsection 34.4(4), paragraph 35(2)(b) or (c) or subsection 35(4), 35.1(3), 35.2(7) or 36(5.2), or under subsection 37(2) with regard to an offence under subsection 40(1), the Minister, prescribed person or prescribed entity, as the case may be, shall consider the following factors: (a) the contribution to the productivity of relevant fisheries by the fish or fish habitat that is likely to be affected; (b) fisheries management objectives; (c) whether there are measures and standards (i) to avoid the death of fish or to mitigate the extent of their death or offset their death, or (ii) to avoid, mitigate or offset the harmful alteration, disruption or destruction of fish habitat; (d) the cumulative effects of the carrying on of the work, undertaking or activity referred to in a recommendation or an exercise of power, in combination with other works, undertakings or activities that have been or are being carried on, on fish and fish habitat; (e) any fish habitat banks, as defined in section 42.01, that may be affected; (f) whether any measures and standards to offset the
harmful alteration, disruption or destruction of fish
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habitat give priority to the restoration of degraded fish habitat; (g) Indigenous knowledge of the Indigenous peoples of Canada that has been provided to the Minister; and (h) any other factor that the Minister considers relevant.
Application of subsection (1) (2) The obligation to consider the factors set out in subsection (1) applies only to the recommendations and powers that continue to be made or exercised by the Minister after an order is made under subsection 43.2(1) that sets out the powers, duties or functions that the designated minister may exercise or perform. Standards and codes of practice 34.2 (1) The Minister may establish standards and
codes of practice for (a) the avoidance of death to fish and harmful alteration, disruption or destruction of fish habitat; (b) the conservation and protection of fish or fish habitat; and (c) the prevention of pollution.
Content (2) The standards and codes of practice may specify procedures, practices or standards in relation to works, undertakings and activities during any phase of their construction, operation, modification, decommissioning or abandonment.
Consultation (3) Before establishing any standards and codes of practice, the Minister may consult with any provincial government, any Indigenous governing body, any government department or agency or any persons interested in the protection of fish or fish habitat and the prevention of pollution.
Publication (4) The Minister shall publish any standards and codes of practice established under this section, or give notice of them, in the Canada Gazette and he or she may also do so in any other manner that he or she considers appropriate.
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Studies, etc. — management or control of obstruction 34.3 (1) If the Minister considers that doing so is necessary to ensure the free passage of fish or the protection of fish or fish habitat, the owner or person who has the charge, management or control of an obstruction or any other thing that is detrimental to fish or fish habitat shall, on the Minister’s request and within the period specified by him or her, conduct studies, analyses, samplings and evaluations, and provide the Minister with any document and other information relating to them, to the obstruction or thing or to the fish or fish habitat that is or is likely to be affected by the obstruction or thing.
Minister’s order (2) If the Minister considers that doing so is necessary to
ensure the free passage of fish or the protection of fish or fish habitat, the owner or person who has the charge, management or control of an obstruction or any other thing that is detrimental to fish or fish habitat shall, on the Minister’s order, within the period specified by him or her and in accordance with any of his or her specifications, (a) remove the obstruction or thing; (b) construct a fishway; (c) implement a system of catching fish before the obstruction or thing, transporting them beyond it and releasing them back into the water; (d) install a fish stop or a diverter; (e) install a fish guard, a screen, a covering, netting or any other device to prevent the passage of fish into any water intake, ditch, channel or canal; (f) maintain the flow of water necessary to permit the
free passage of fish; or (g) maintain at all times the characteristics of the water and the water flow downstream of the obstruction or thing that are sufficient for the conservation and protection of the fish and fish habitat.
Modification, repair and maintenance (3) On the Minister’s order, the owner or person referred
to in subsection (2) shall (a) make any provision that the Minister considers
necessary for the free passage of fish or the protection of fish or fish habitat during the carrying on of any activity mentioned in that subsection;
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(b) operate and maintain anything referred to in that
subsection in a good and effective condition and in accordance with any specifications of the Minister; and (c) modify or repair it in accordance with any specifications of the Minister. Obstruction of free passage of fish (4) No person shall (a) damage or obstruct any fishway constructed or
used to enable fish to pass over or around any obstruction; (b) damage or obstruct any fishway, fish stop or diverter constructed or installed on the Minister’s order; (c) stop, impede or hinder fish from entering or passing through any fishway, or stop, impede or hinder fish from surmounting any obstruction or leap; (d) damage, remove or authorize the removal of any fish guard, screen, covering, netting or other device installed on the Minister’s order; or (e) fish in any manner within 23 m downstream from
the lower entrance to any fishway, obstruction or leap.
Exception — removal for repairs (5) Despite paragraph (4)(d), a person may remove or
authorize the removal of any fish guard, screen, covering, netting or other device installed on the Minister’s order if the removal is required for modification, repair or maintenance. Statutory Instruments Act (6) Orders made under this section are not statutory instruments for the purposes of the Statutory Instruments Act.
Regulations (7) The Minister may make regulations respecting the
flow of water that is to be maintained to ensure the free passage of fish or the protection of fish or fish habitat. Death of fish 34.4 (1) No person shall carry on any work, undertaking
or activity, other than fishing, that results in the death of fish.
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Exception (2) A person may carry on a work, undertaking or activity without contravening subsection (1) if (a) the work, undertaking or activity is a prescribed work, undertaking or activity or belongs to a prescribed class of works, undertakings or activities, as the case may be, or is carried on in or around prescribed Canadian fisheries waters, and the work, undertaking or activity is carried on in accordance with the prescribed conditions; (b) the carrying on of the work, undertaking or activity is authorized by the Minister and the work, undertaking or activity is carried on in accordance with the conditions established by the Minister; (c) the carrying on of the work, undertaking or activity is authorized by a prescribed person or prescribed entity and the work, undertaking or activity is carried on in accordance with the conditions set out in the authorization; (d) the death results from the doing of anything that is authorized, permitted or required under this Act; (e) the work, undertaking or activity is carried on in
accordance with the regulations; (f) the work, undertaking or activity is carried on in
accordance with a permit issued under subsection 35.1(3), in the case of a work, undertaking or activity that is part of a designated project and that is designated by the Minister under subsection 35.1(2); or (g) the work, undertaking or activity is a prescribed work, undertaking or activity under paragraph 35.2(10)(a) or belongs to a prescribed class of works, undertakings or activities under that paragraph, as the case may be, and carried on in an ecologically significant area in accordance with an authorization issued under subsection 35.2(7).
Other conditions (3) The prescribed person or prescribed entity referred
to in paragraph (2)(c) may, in addition to the prescribed classes of conditions impose, subject to the regulations, any other conditions that they consider appropriate in the circumstances. Regulations (4) The Minister may, for the purposes of paragraph (2)(a) and subject to paragraph 43(1)(i.1), make regulations prescribing anything that is authorized to be prescribed.
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Amendment, suspension or cancellation — paragraph (2)(b) (5) The Minister may amend, suspend or cancel an authorization issued under paragraph (2)(b).
Amendment, suspension or cancellation — paragraph (2)(c) (6) A prescribed person or prescribed entity referred to in paragraph (2)(c) may amend, suspend or cancel an authorization issued under that paragraph. 2012, c. 19, s. 142(2)
22 (1) Subsection 35(1) of the Act is replaced by
the following: Harmful alteration, disruption or destruction of fish habitat 35 (1) No person shall carry on any work, undertaking or activity that results in the harmful alteration, disruption or destruction of fish habitat.
2012, c. 19, s. 142(1)
(2) Paragraph 35(2)(a) of the Act is replaced by the following: (a) the work, undertaking or activity is a prescribed work, undertaking or activity or belongs to a prescribed class of works, undertakings or activities, as the case may be, or is carried on in or around prescribed Canadian fisheries waters, and the work, undertaking or activity is carried on in accordance with the prescribed conditions; 2012, c. 19, ss. 142(1) and (3)
(3) Paragraphs 35(2)(c) and (d) of the Act are replaced by the following: (c) the carrying on of the work, undertaking or activity is authorized by a prescribed person or prescribed entity and the work, undertaking or activity is carried on in accordance with the conditions set out in the authorization; (d) the harmful alteration, disruption or destruction results from the doing of anything that is authorized, permitted or required under this Act; (4) Subsection 35(2) of the Act is amended by adding the following after paragraph (e): (f) the work, undertaking or activity is carried on in accordance with a permit issued under subsection 35.1(3), in the case of a work, undertaking or activity
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that is part of a designated project and that is designated by the Minister under subsection 35.1(2); or (g) the work, undertaking or activity is a prescribed work, undertaking or activity under paragraph 35.2(10)(a) or belongs to a prescribed class of works, undertakings or activities under that paragraph, as the case may be, and is carried on in an ecologically significant area in accordance with an authorization issued under subsection 35.2(7). 2012, c. 19, s. 142(4)
(5) Subsections 35(3) and (4) of the Act are replaced by the following:
Other conditions (3) The prescribed person or prescribed entity referred
to in paragraph (2)(c) may, in addition to the prescribed classes of conditions impose, subject to the regulations, any other conditions that they consider appropriate in the circumstances. Regulations (4) The Minister may, for the purposes of paragraph (2)(a) and subject to paragraph 43(1)(i.1), make regulations prescribing anything that is authorized to be prescribed.
Amendment, suspension or cancellation — paragraph (2)(b) (5) The Minister may amend, suspend or cancel an authorization issued under paragraph (2)(b).
Amendment, suspension or cancellation — paragraph (2)(c) (6) A prescribed person or prescribed entity referred to in paragraph (2)(c) may amend, suspend or cancel an authorization issued under that paragraph. 23 The Act is amended by adding the following after section 35:
Designated project 35.1 (1) The Minister may designate, as a work, undertaking or activity that is associated with a designated project, any work, undertaking or activity that the Minister considers likely to result in the death of fish or the harmful alteration, disruption or destruction of fish habitat. Work, undertaking or activity designated by Minister (2) The Minister shall designate any work, undertaking
or activity that is part of a designated project and that the
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Minister considers likely to result in the death of fish or the harmful alteration, disruption or destruction of fish habitat. Issuance of permit (3) The Minister may issue a permit to carry on any work, undertaking or activity designated under subsection (2) and attach any conditions to it.
Prohibition (4) No person shall carry on any work, undertaking or
activity that is designated under subsection (2) except in accordance with a permit issued under subsection (3).
Amendment, suspension or cancellation (5) The Minister may amend, suspend or cancel a permit
issued under subsection (3). Ecologically significant area 35.2 (1) No person shall carry on a work, undertaking or activity prescribed under paragraph (10)(a) or that belongs to a prescribed class under that paragraph, in an ecologically significant area except in accordance with an authorization issued under subsection (7).
Designation — ecologically significant area (2) The Governor in Council may, on the recommendation of the Minister, make regulations designating ecologically significant areas. Requirement to provide information (3) Any person who proposes to carry on a work, undertaking or activity referred to in subsection (1) in an ecologically significant area shall provide the Minister with any document and other information that is required by regulation in respect of the prescribed work, undertaking or activity, or the water, place, fish or fish habitat that is likely to be affected by the prescribed work, undertaking or activity. Request for additional information (4) Regulations made for the purpose of subsection (3) do not prevent the Minister from requesting additional information that he or she considers necessary in the circumstances.
Compliance with request (5) Every person who is required to provide any additional information must provide it within the time and in the manner that the Minister specifies.
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Extension of time (6) The Minister may, on request in writing from any
person who is required to provide any additional information, extend the specified time. Powers of Minister (7) If the Minister is satisfied, after having reviewed any
document and other information provided under subsection (3) or (4), that avoidance and mitigation measures may be implemented to achieve the prescribed objectives for the conservation and protection of fish and fish habitat, he or she may authorize, subject to the regulations made under subsection (10), the carrying on of the work, undertaking or activity referred to in subsection (1) in an ecologically significant area, on any conditions that he or she considers appropriate.
Amendment, suspension or cancellation — authorization (8) The Minister may amend, suspend or cancel an authorization issued under subsection (7). Fish habitat restoration plan (9) The Minister shall, as soon as feasible, prepare a fish habitat restoration plan for an ecologically significant area, if he or she is of the opinion that fish habitat restoration in that ecologically significant area is required in order to meet any prescribed objectives for the conservation and protection of fish and fish habitat.
Regulations (10) The Governor in Council may, on the Minister’s recommendation, make regulations (a) prescribing works, undertakings or activities or classes of works, undertakings or activities, for the purposes of this section; (b) respecting any document or other information that is required to be provided under subsection (3), including the manner in which and the time within which it is to be provided; (c) respecting the objectives for the conservation and protection of fish and fish habitat in an ecologically significant area; (d) prescribing works, undertakings or activities or classes of works, undertakings or activities that the Minister shall not authorize under paragraphs 34.4(2)(b) and 35(2)(b) to be carried on in an ecologically significant area;
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(e) prescribing conditions under which and requirements subject to which the Minister may issue an authorization under subsection (7); (f) respecting the manner and circumstances relating
to the amendment, suspension or cancellation of an authorization referred to in subsection (7); and (g) respecting the process by which a person may request an amendment, suspension or cancellation of an authorization under subsection (7).
2012, c. 19, s. 144(2)
24 (1) The portion of subsection 37(1) of the Act before paragraph (b) is replaced by the following:
Minister may require plans and specifications 37 (1) If a person carries on or proposes to carry on any
work, undertaking or activity that results or is likely to result in the death of fish, in the harmful alteration, disruption or destruction of fish habitat or in the deposit of a deleterious substance in water frequented by fish or in any place under any conditions where that deleterious substance or any other deleterious substance that results from the deposit of that deleterious substance may enter any such waters, the person shall, on the request of the Minister — or without request in the manner and circumstances prescribed by regulations made under paragraph (3)(a) — provide him or her with any documents — plans, specifications, studies, procedures, schedules, analyses, samples, evaluations — and any other information relating to the work, undertaking or activity, or to the water, place, fish or fish habitat that is or is likely to be affected by the work, undertaking or activity, that will enable the Minister to determine (a) whether the work, undertaking or activity results or is likely to result in the death of fish that constitutes or would constitute an offence under subsection 40(1) and what measures, if any, would prevent that death or mitigate the extent of death; (a.1) whether the work, undertaking or activity results or is likely to result in the harmful alteration, disruption or destruction of fish habitat that constitutes or would constitute an offence under subsection 40(1) and what measures, if any, would prevent that result or mitigate its effects; or
2012, c. 19, s. 144(2)
(2) Paragraph 37(1)(b) of the French version of
the Act is replaced by the following:
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b) si l’ouvrage, l’entreprise ou l’activité entraîne ou
entraînera vraisemblablement l’immersion ou le rejet d’une substance en contravention avec l’article 36 et quelles sont les mesures éventuelles à prendre pour prévenir ou atténuer les dommages qui en découlent. 2012, c. 19, s. 144(2)
(3) Subsection 37(1.1) of the Act is repealed.
2012, c. 19, s. 144(2)
(4) The portion of subsection 37(2) of the Act before paragraph (a) is replaced by the following:
Powers of Minister (2) If, after reviewing any document and other information provided under subsection (1) and affording the persons who provided it a reasonable opportunity to make representations, the Minister is of the opinion that an offence under subsection 40(1) or (2) is being or is likely to be committed, he or she may, by order, subject to regulations made under paragraph (3)(b),
2012, c. 19, s. 144(2)
(5) Paragraph 37(2)(a) of the English version of
the Act is replaced by the following: (a) require any modifications or additions to the work,
undertaking or activity or any modifications to any plans, specifications, procedures or schedules relating to it that the Minister considers necessary in the circumstances, or 2012, c. 19, s. 144(2)
(6) The portion of subsection 37(2) of the Act after paragraph (b) is replaced by the following:
The Minister may personally direct the closing of the work or undertaking or the ending of the activity for any period that he or she considers necessary in the circumstances. 2012, c. 19, ss. 144(4), (5)(F) and (6)
(7) Paragraphs 37(3)(a) to (c) of the Act are replaced by the following: (a) prescribing the manner and circumstances in which any document or other information is to be provided to the Minister without request under subsection (1); and
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(b) prescribing the manner and circumstances in which the Minister may make orders under subsection (2) and the terms of the orders. (8) Subsections 37(4) and (5) of the Act are replaced by the following:
Consultation (4) If the Minister proposes to make an order under subsection (2), he or she shall offer to consult with the governments of any provinces that he or she considers to be interested in the proposed order and with any departments or agencies of the Government of Canada that he or she considers appropriate.
Exception (5) Nothing in subsection (4) prevents the Minister from making an interim order under subsection (2) without the offer of consultation referred to in subsection (4) if he or she considers that immediate action is necessary.
Statutory Instruments Act (6) Orders made under this section are not statutory instruments for the purposes of the Statutory Instruments Act. 2012, c. 19, s. 145(1)
25 (1) Subsection 38(1) of the Act is replaced by
the following: Power to designate 38 (1) The Minister may designate persons or classes of persons as inspectors for the purposes of the administration and enforcement of this Act and may limit in any manner he or she considers appropriate the powers that an inspector may exercise under this Act.
2012, c. 19, s. 145(2)
(2) Subparagraph 38(3)(b)(i) of the Act is replaced by the following: (i) the death of fish, (i.1) the harmful alteration, disruption or destruction of fish habitat, or 2012, c. 19, s. 145(3)
(3) The portion of subsection 38(4) of the Act before paragraph (a) is replaced by the following:
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Duty to notify — serious harm to fish (4) Every person shall without delay notify an inspector,
a fishery officer, a fishery guardian or an authority prescribed by the regulations of an occurrence that results in serious harm to fish that are part of a commercial, recreational or Indigenous fishery, or to fish that support such a fishery, that is not authorized under this Act, or of a serious and imminent danger of such an occurrence, if the person at any material time (4) The portion of subsection 38(4) of the Act before paragraph (a) is replaced by the following: Duty to notify — death of fish (4) Every person shall without delay notify an inspector, a fishery officer, a fishery guardian or an authority prescribed by the regulations of the death of fish that is not authorized under this Act, or of a serious and imminent danger of such occurrence, if the person at any material time 2012, c. 19, ss. 145(1), (3) and 4(F)
(5) Paragraphs 38(4)(a) and (b) of the French version of the Act are replaced by the following: a) la personne qui est responsable, à titre de propriétaire ou autrement, de l’ouvrage, de l’entreprise ou de l’activité à l’origine de l’évènement effectif ou fort probable et imminent; b) celle qui est à l’origine de l’évènement effectif ou fort probable et imminent, ou y contribue. (6) Section 38 of the Act is amended by adding the following after subsection (4):
Duty to notify — harmful alteration, disruption or destruction of fish habitat (4.1) Every person shall without delay notify an inspector, a fishery officer, a fishery guardian or an authority prescribed by the regulations of a harmful alteration, disruption or destruction of fish habitat that is not authorized under this Act, or of a serious and imminent danger of such an occurrence, if the person at any material time (a) owns or has the charge, management or control of the work, undertaking or activity that resulted in the occurrence or the danger of the occurrence; or (b) causes or contributes to the occurrence or the danger of the occurrence.
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2012, c. 19, s. 145(1)
(7) The portion of subsection 38(5) of the Act before paragraph (a) is replaced by the following:
Duty to notify — deleterious substance (5) If there occurs a deposit of a deleterious substance in
water frequented by fish that is not authorized under this Act, or if there is a serious and imminent danger of such an occurrence, and detriment to fish habitat or fish or to the use by humans of fish results or may reasonably be expected to result from the occurrence, then every person shall without delay notify an inspector, a fishery officer, a fishery guardian or an authority prescribed by the regulations if the person at any material time 2012, c. 19, s. 145(1)
(8) Subsection 38(6) of the Act is replaced by the following:
Duty to take corrective measures (6) Any person described in paragraph (4)(a) or (b), (4.1)(a) or (b) or (5)(a) or (b) shall, as soon as feasible, take all reasonable measures consistent with public safety and with the conservation and protection of fish and fish habitat to prevent the occurrence or to counteract, mitigate or remedy any adverse effects that result from the occurrence or might reasonably be expected to result from it.
2012, c. 19, s. 145(1)
(9) Subsection 38(7) of the Act is replaced by the following:
Report (7) As soon as feasible after the occurrence or after learning of the danger of the occurrence, the person shall provide an inspector, a fishery officer, a fishery guardian or an authority prescribed by the regulations with a written report on the occurrence or danger of the occurrence.
2012, c. 19, s. 145(1)
(10) Subsection 38(7.1) of the Act is replaced by
the following: Corrective measures (7.1) If an inspector or fishery officer, whether or not they have been notified under subsection (4), (4.1) or (5) or provided with a report under subsection (7), is satisfied on reasonable grounds that immediate action is necessary in order to take any measures referred to in subsection (6), the inspector or officer may, subject to
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subsection (7.2), take any of those measures at the expense of any person described in paragraph (4)(a) or (b), (4.1)(a) or (b) or (5)(a) or (b) or direct that person to take the measures at their expense. 2012, c. 19, s. 145(1)
(11) Paragraph 38(9)(a) of the Act is replaced by
the following: (a) the authority for the purposes of subsection (4),
(4.1) or (5), the manner in which the notification under those subsections is to be made, the information to be contained in the notification and the circumstances in which no notification need be made; (12) Subsections 38(11) to (13) of the Act are repealed. 26 The Act is amended by adding the following after section 39:
Exercise of powers 39.1 Every power that may be exercised in Canada by an
inspector under this Act may be exercised anywhere this Act applies. 1991, c. 1, s. 10(1); 2012, c. 19, s. 147(1)(E)
27 (1) The portion of subsection 40(1) of the Act
before paragraph (a) is replaced by the following: Offence and punishment 40 (1) Every person who contravenes subsection 34.4(1) or 35(1) is guilty of an offence and liable
2012, c. 19, ss. 147(6) and (7)
(2) Paragraphs 40(3)(a) and (a.1) of the Act are replaced by the following: (a) in carrying on a work, undertaking or activity, fails
to comply with a prescribed condition referred to in paragraph 34.4(2)(a) or 35(2)(a), with a condition set out in an authorization or a permit, as the case may be, issued under paragraph 34.4(2)(b) or (c) or 35(2)(b) or (c) or subsection 35.1(3) or 35.2(7), or with a condition imposed by regulations made under subsection 36(5) or (5.2), (a.1) fails to provide any document or other information as requested by the Minister under subsection 37(1) within a reasonable time after the request is made,
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(a.2) fails to provide any document or other information required to be provided under subsection 35.2(3) within the prescribed period, (a.3) fails to provide any additional information that
is required to be provided under subsection 35.2(4) within the time and in the manner that the Minister specifies, 2012, c. 19, s. 147(8)
(3) Paragraph 40(3)(c) of the Act is replaced by the following: (c) fails to provide notification that he or she is required to provide under subsection 38 (4), (4.1) or (5), 2012, c. 19, s. 147(9)
(4) The portion of paragraph 40(3)(d) of the Act
before subparagraph (iii) is replaced by the following: (d) carries on any work, undertaking or activity described in subsection 37(1) (i) otherwise than in accordance with any document and other information relating to the work, undertaking or activity that they provide to the Minister under that subsection, (ii) otherwise than in accordance with any such
document and other information as required to be modified by any order of the Minister under paragraph 37(2)(a), or (5) Subsection 40(3) of the Act is amended by adding the following after paragraph (d): (d.1) carries on any work, undertaking or activity described in subsection 35.2(3) otherwise than in accordance with any document and other information relating to the work, undertaking or activity that they provide to the Minister under that subsection or subsection 35.2(4), 2012, c. 19, s. 147(10)
(6) Subsection 40(3) of the Act is amended by
striking out “or” at the end of paragraph (g) and by replacing paragraph (h) with the following: (h) fails to comply with a request of the Minister made under subsection 34.3(1), an order of the Minister made under subsection 34.3(2) or (3) or a provision of a regulation made under subsection 34.3(7),
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(7) Subsection 40(3) of the Act is amended by adding the following after paragraph (h): (i) fails to comply with all or any part of a direction of
a fishery officer or fishery guardian with respect to the application of any regulations made under paragraph 43(1)(o), (8) Subsection 40(3) of the Act is amended by adding the following after paragraph (i): (j) carries on any work, undertaking or activity that is
a part of a designated project in contravention of subsection 35.1(4), or (k) carries on, in contravention of subsection 35.2(1), any work, undertaking or activity prescribed under paragraph 35.2(10)(a), (9) The portion of subsection 40(5) of the Act before paragraph (b) is replaced by the following:
Matters of proof (5) For the purpose of any proceedings for an offence under any of subsections (1), (2) and (3), (a) the death of fish takes place whether or not any act or omission resulting in the death is intentional; (a.1) a harmful alteration, disruption or destruction of fish habitat takes place whether or not an act or omission resulting in the alteration, disruption or destruction is intentional; (a.2) a deposit as defined in subsection 34(1) takes place whether or not any act or omission resulting in the deposit is intentional; and 28 The Act is amended by adding the following after section 42:
Definitions 42.01 The following definitions apply in this section and
sections 42.02 to 42.04. conservation project means a work, undertaking or activity that is carried on by a proponent for the purpose of creating, restoring or enhancing fish habitat within a service area in order to acquire habitat credits. (projet de conservation) fish habitat bank means an area of a fish habitat that has been created, restored or enhanced by the carrying
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on of one or more conservation projects within a service area and in respect of which area the Minister has certified any habitat credit under paragraph 42.02(1)(b). (réserve d’habitats) habitat credit means a unit of measure that is agreed to between any proponent and the Minister under section 42.02 that quantifies the benefits of a conservation project. (crédit d’habitat) proponent means a person who proposes the carrying on of a conservation project and any other work, undertaking or activity within a proposed service area. (promoteur) service area means the geographical area that encompasses a fish habitat bank and one or more conservation projects and within which area a proponent carries on a work, undertaking or activity. (zone de service) Arrangements respecting fish habitat banks 42.02 (1) For the purposes of sections 42.01 to 42.04, the
Minister may (a) establish a system for the creation, allocation and management of a proponent’s habitat credits in relation to a conservation project; and (b) issue a certificate to the proponent respecting the validity of any habitat credit acquired from the carrying on of a conservation project.
Arrangements (2) In exercising the powers referred to in subsection (1), the Minister may enter into arrangements with any proponent.
Contents (3) An arrangement referred to in subsection (2) shall include, among other things, (a) any document and other information that describes the proposed fish habitat bank, conservation project and service area; (b) a written confirmation that the Department of
Fisheries and Oceans and anyone authorized to act on the Department’s behalf is authorized to access the site of the conservation project for the term of the arrangement; (c) a description of the administration, management
and general operation of the arrangement by the parties, including
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(i) a procedure for proposing a conservation project and an approval process, (ii) a habitat credit certification process, (iii) a process for habitat credit evaluation and any re-evaluation that may be required by the Minister, (iv) habitat credit accounting procedures respecting the habitat credit ledger, (v) progress reports on the conservation project, and (vi) any other relevant matters respecting the administration of the arrangement; (d) reports on the performance of the arrangement; (e) the form and manner in which the arrangement may be amended; (f) the date on which the arrangement comes into
force; and (g) the signatures of the parties.
Use of habitat credit within service area 42.03 A proponent may only use their certified habitat
credits in respect of a fish habitat bank within a service area to offset the adverse effects on fish or fish habitat from the carrying on of a work, undertaking or activity authorized or permitted to be carried on in that service area.
Regulations 42.04 The Governor in Council may make regulations (a) respecting the establishment of a system for the creation, allocation and management of habitat credits referred to in paragraph 42.02(1)(a); (b) respecting the issuance of a certificate of validity
of any habitat credit referred to in paragraph 42.02(1)(b); and (c) respecting an arrangement with any proponent. 2012, c. 19, s. 148
29 Subsection 42.1(1) of the Act is replaced by the following:
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Annual report 42.1 (1) The Minister shall, as soon as feasible after the end of each fiscal year, prepare and cause to be laid before each house of Parliament a report on the administration and enforcement of the provisions of this Act relating to fish and fish habitat protection and pollution prevention for that year.
30 The Act is amended by adding the following after section 42.1:
Public registry 42.2 The Minister shall establish a public registry for the purpose of facilitating access to records relating to matters under any of sections 34 to 42.1.
Contents of registry — obligatory 42.3 (1) The
Minister shall publish the following records in the registry: (a) any agreements referred to in section 4.1 that are entered into by him or her and that establish the circumstances and manner referred to in paragraph 4.1(2)(h); (b) any standards and codes of practice established by the Minister under section 34.2; (c) any orders made by the Minister under sections
34.3 and 37; (d) any
authorizations given under paragraphs 34.4(2)(b) and (c) and 35(2)(b) and (c) and subsection 35.2(7);
(e) any permits issued by him or her under section
35.1; and (f) any fish habitat restoration plan prepared under
subsection 35.2(9). Contents of registry — optional (2) The Minister may publish in the registry, other
records that he or she considers appropriate for the purpose set out in section 42.2, including (a) any agreements referred to in section 4.1 and subsection 4.4(3); (b) any arrangements referred to in subsection 4.4(3) and section 42.02; (c) any proposed regulations;
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(d) any reports submitted under any regulations made
under this Act; (e) any guidelines; and (f) any policy.
Request of designated minister (3) The Minister may, on the request of any other minister designated under section 43.2, publish any records in the registry that the designated minister considers appropriate for the purpose set out in section 42.2. Types of records in registry (4) Despite subsections (1) to (3), the registry shall contain only records or any part of those records (a) that are publicly available; or (b) that the Minister determines would be disclosed to
the public in accordance with the Access to Information Act if a request were made in respect of that record under that Act, including any record that would be disclosed in the public interest under subsection 20(6) of that Act. Form, manner and access — registry 42.4 The Minister may determine the form of the registry, how it is to be kept and how access to it is to be provided. Protection from civil proceeding or prosecution 42.5 Despite any other Act of Parliament, civil or criminal proceedings shall not be brought against Her Majesty in right of Canada, the Minister and any person acting on behalf of or under the direction of the Minister for the full or partial disclosure of any record through the registry made in good faith or for any consequences of its disclosure. 31 (1) Paragraph 43(1)(a) of the Act is replaced by the following: (a) respecting the proper management and control of
the seacoast and inland fisheries, including for social, economic or cultural purposes; (2) Subsection 43(1) of the Act is amended by adding the following after paragraph (b): (b.1) respecting the rebuilding of fish stocks; (b.2) respecting the restoration of fish habitat;
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(3) Subsection 43(1) of the Act is amended by adding the following after paragraph (d): (d.1) respecting the circumstances when the holder of
a licence or the operator named in the licence is required to personally carry on the activity authorized by the licence and the exceptions to that requirement; (4) Paragraph 43(1)(f) of the Act is replaced by the following: (f) respecting the issuance, suspension and cancellation of licences and leases, including (i) if the lease or licence holder or the applicant for
that lease or licence is a party to an agreement in respect of the lease or licence that contravenes any provision of this Act or of the regulations, or (ii) if the applicant for the lease or licence is a corporation;
(5) Subsection 43(1) of the Act is amended by
adding the following after paragraph (g): (g.01) respecting the use and control of the rights and
privileges under a lease or licence issued under this Act, including the prohibition on the transfer of the use and control of those rights and privileges except under prescribed conditions; (g.02) in the case of a licence issued to an organization, respecting the designation of persons who may fish and the fishing vessels that may be used under the licence and any other matter relating to designations, including the method of designation and who may designate those persons and vessels;
2012, c. 19, s. 149(2)
(6) Paragraphs 43(1)(i) to (i.4) of the Act are replaced by the following: (i) respecting the conservation and protection of fish habitat;
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(i.1) for the purposes of paragraphs 34.4(2)(a) and
35(2)(a), prescribing anything that is authorized to be prescribed under those paragraphs; (i.11) respecting the process relating to the issuance of the authorizations referred to in paragraph 34.4(2)(b) or (c) or 35(2)(b) or (c) or the permits referred to in subsection 35.1(3); (i.2) prescribing the documents or other information
that are to be provided for the obtaining of the authorizations referred to in paragraph 34.4(2)(b) or (c) or 35(2)(b) or (c) or the permits referred to in subsection 35.1(3), or for the amendment, suspension or cancellation of those authorizations or permits; (i.21) prescribing persons or entities who may authorize the carrying on of works, undertakings or activities under paragraphs 34.4(2)(c) and 35(2)(c) and respecting the requirements that these persons or entities may be subject to; (i.3) prescribing the conditions and requirements under which a person or entity referred to in paragraph 34.4(2)(c) or 35(2)(c) may issue the authorization; (i.31) with respect to an authorization issued under
34.4(2)(c) or 35(2)(c), prescribing the classes of conditions that the prescribed person or entity (i) shall include in the authorization, (ii) may include in it, or (iii) shall not include in it; (i.4) respecting time limits for issuing authorizations
referred to in paragraph 34.4(2)(b) or (c) or 35(2)(b) or (c) or for issuing permits under subsection 35.1(3), or for refusing to do so; (i.5) for the purposes of the definition designated project in subsection 34(1), designating projects or classes of projects that are likely to affect fish or fish habitat; (i.6) respecting the time, manner and circumstances in which the Minister may amend, suspend or cancel an authorization referred to in subsection 34.4(5) or 35(5), or a permit referred to in subsection 35.1(5), as the case may be; (i.7) respecting the time, manner and circumstances in which the prescribed person or prescribed entity may amend, suspend or cancel an authorization referred to in subsection 34.4(6) or 35(6);
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(i.8) respecting the process by which a person may request an amendment, suspension or cancellation of an authorization under subsection 34.4(5) or (6) or 35(5) or (6), or a permit under subsection 35.1(5), as the case may be; (7) Paragraph 43(1)(j) of the Act is replaced by the following: (j) respecting the import or export of fish; (j.1) prescribing the circumstances in which the Indigenous knowledge of the Indigenous peoples of Canada that is provided to the Minister under this Act in confidence may be disclosed without written consent;
1991, c. 1, s. 12(3)
(8) Paragraph 43(1)(m) of the Act is replaced by
the following: (m) if a close time, fishing quota or limit on the size or weight of fish or fishing gear or equipment has been fixed in respect of an area under the regulations, authorizing persons referred to in paragraph (l) to vary the close time, fishing quota or limit or fishing gear or equipment in respect of that area or any portion of that area; (9) Subsection 43(1) of the Act is amended by adding the following after paragraph (n): (n.1) defining aquatic invasive species for the purposes of the regulations; 2012, c. 19, s. 149(3)
(10) The portion of paragraph 43(1)(o) of the Act before subparagraph (ii) is replaced by the following: (o) respecting the management and control of aquatic
invasive species, including regulations (i) respecting the prevention of the introduction
and spread of those species, 2012, c. 19, s. 149(3)
(11) Paragraph 43(1)(o) of the Act is amended by striking out “or” at the end of subparagraph (iv) and by replacing subparagraph (v) with the following: (v) respecting the treatment and destruction of
members of those species,
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(vi) respecting the eradication of those species in a specified geographical area, (vii) respecting the powers of a fishery officer and
fishery guardian to manage and control those species, (viii) authorizing a fishery officer and fishery
guardian to exercise their powers with respect to a species that the officer or guardian, as the case may be, has reasonable grounds to believe is an aquatic invasive species, or (ix) requiring any person to keep any record, book or other document containing any information relevant to the control of those species, and respecting where, how and how long it is to be kept; and
2012, c. 19, s. 149(4)
(12) Subsection 43(4) of the Act is replaced by the following:
Paragraph 43(1)(i.5) (4) Regulations made under paragraph (1)(i.5) may include as a criterion for designation the fact that a decision has been made under an Act of Parliament to subject the project to an impact assessment. 2012, c. 19, s. 149(5)
(13) Subsection 43(5) of the Act is replaced by the
following: Regulations exempting certain Canadian fisheries waters (5) The Governor in Council may make regulations exempting any Canadian fisheries waters from the application of sections 34.3, 34.4 and 35 and subsections 38(4) and (4.1). 32 The Act is amended by adding the following after section 43.2:
Regulations — Minister 43.3 (1) The Minister may, for the purposes of the conservation and protection of marine biodiversity and with respect to any area of Canadian fisheries waters that he or she specifies, make regulations (a) prohibiting fishing of one or more species, populations, assemblages or stocks of fish; (b) prohibiting any type of fishing gear or equipment from being used;
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(c) prohibiting any type of fishing vessel from being
used; (d) prescribing classes of persons in respect of whom the prohibitions set out in paragraphs (a) to (c) apply; and (e) prescribing types of fishing vessels in respect of which the prohibitions set out in paragraphs (a) and (b) apply.
Inconsistency (2) If there is an inconsistency between regulations made by the Minister under subsection (1) and any regulations made by the Governor in Council under this Act, any orders issued under any regulations made by the Governor in Council under this Act or any conditions of any lease or licence issued under this Act, the regulations made by the Minister prevail to the extent of the inconsistency.
Compliance with Terms and Conditions Compliance with terms and conditions of licences, etc. 43.4 (1) Every person acting under the authority of a
permission referred to in section 4 or a lease or licence, whether issued under this Act or provincial legislation, shall comply with any terms and conditions of the permission, lease or licence that are imposed under the authority of this Act. Statutory Instruments Act (2) The permissions, leases and licences referred to in
subsection (1) — including their terms and conditions — are not statutory instruments for the purposes of the Statutory Instruments Act. Offence and punishment (3) Every person who contravenes subsection (1) (a) is guilty of an indictable offence and liable to a fine
of not more than $500,000; or (b) is guilty of an offence punishable on summary
conviction and liable to a fine of not more than $100,000. 33 Section 44 of the Act is replaced by the following:
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Prohibition of harvesting of marine plants in certain cases 44 Except in accordance with the conditions of a licence
issued by the Minister under section 45, no person shall harvest marine plants in the coastal waters of Canada in contravention of any regulation made under paragraph 46(1)(a). 34 Section 46 of the Act is renumbered as subsection 46(1) and is amended by adding the following:
Periodic adjustment (2) For greater certainty, regulations made under paragraph (1)(d) may provide for periodic adjustment of the fees referred to in that paragraph. 35 Section 48 of the Act is replaced by the following:
Saving 48 Nothing in sections 44 to 47 shall be construed as preventing traditional harvesting of marine plants by Indigenous persons for their use as food. 36 Section 49 of the Act is amended by adding the
following after subsection (3): Stopping and detaining vessel or vehicle (4) A fishery officer or fishery guardian may, for the purpose referred to in subsection (1), require any vessel or vehicle to be stopped, require it to be moved to a place where an inspection can be carried out and detain it for a reasonable time. The operator of the vessel or vehicle shall comply with the requirements. 37 Sections 53 and 54 of the French version of the Act are replaced by the following:
Contestations 53 L’agent local des pêches règle les différends portant sur les limites de pêche ou sur des réclamations relatives à des stations de pêche, ou sur la position et l’usage de filets et autres engins de pêche.
Distance entre les pêches 54 Les agents des pêches peuvent fixer la distance devant séparer les pêches; ils enlèvent sur-le-champ tous engins de pêche ou matériaux que le propriétaire néglige ou refuse d’enlever, lequel se rend coupable d’infraction à la présente loi et responsable des frais d’enlèvement et des dommages qui peuvent en résulter. 38 The Act is amended by adding the following after section 56:
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Analysts Analyst 56.1 (1) The Minister may designate persons or classes
of persons as analysts for the purposes of the administration and enforcement of this Act.
Certificate of analyst as proof (2) Subject to subsections (3) and (4), a certificate purporting to be signed by an analyst is, in the absence of evidence to the contrary, presumed to be authentic and is evidence of the facts stated in it in any prosecution for an offence under this Act, if it contains (a) a statement that the analyst has tested or analyzed a substance, product or fish, and the results of the analysis or test; or (b) a statement that the analyst has verified the accuracy of the instruments used by a fishery officer, fishery guardian or inspector to conduct any tests or analyses or to take any measurements.
Attendance of analyst (3) The party against whom an analyst’s certificate is
produced may, with the court’s permission, require the analyst’s attendance for cross-examination. Notice (4) No certificate may be admitted in evidence unless the
party intending to produce it has given to the party against whom it is intended to be produced reasonable notice of that intention together with a copy of the certificate. 1991, c. 1, s. 18
39 (1) Paragraph 61(1)(b) of the French version
of the Act is replaced by the following: b) celles qui, en vue de la revente, achètent du poisson; 1991, c. 1, s. 18
(2) Subsection 61(1) of the Act is amended by striking out “and” at the end of paragraph (c) and by replacing paragraph (d) with the following: (d) any person who imports fish into Canada or exports fish from Canada; (e) any person who trades in or barters fish; and
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(f) any agent or employee of a person referred to in
paragraphs (a) to (e).
(3) Section 61 of the Act is amended by adding the
following after subsection (3): Duty to keep records — legally caught fish (3.1) For the purpose of enabling the Minister to verify if
fish exported from Canada has been legally caught, a person referred to in subsection (1) shall also keep any relevant records, books of account and other documents for a minimum period of five years from the day on which the person engaged in any of the activities referred to in that subsection. 40 The Act is amended by adding the following after section 61:
Information required by the Minister 61.1 (1) The Minister may, for the purpose of conducting research, creating an inventory of data, establishing objectives and codes of practice, issuing guidelines or assessing or reporting on the state of fisheries, fish or fish habitat, require any specified person to provide him or her with any document and other information that is in that person’s possession, or to which the person may reasonably be expected to have access.
Exception — Indigenous knowledge of Indigenous peoples (2) The Minister shall not require any Indigenous knowledge of the Indigenous peoples of Canada to be provided to him or her by any person under subsection (1). Other recipient (3) The Minister may, in accordance with an agreement entered into under section 4.1, require the person to submit the document and other information to the entity that is a party to that agreement.
Conditions respecting access to information (4) Subsection (3) does not apply unless the agreement sets out conditions respecting access by the entity that is a party to that agreement to all or part of the document and other information that the person is required to submit.
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Compliance (5) Every person who is required to provide any document and other information shall provide it within the time and in the manner that the Minister specifies. Extension of time (6) The Minister may, on request in writing from any
person who is required to provide any document and other information, extend the specified time. Preservation of information (7) The Minister may require the person to keep the required document and other information, together with any calculations, measurements and other data on which they are based, and may also specify where, how and how long they are to be kept. However, the period for which they are to be kept shall not exceed five years from the day on which the Minister makes the requirement under subsection (1).
Inconsistency with regulations (8) If there is an inconsistency between any requirements made by the Minister under this section and any provision of the regulations made under paragraphs 43(1)(g.1) and (g.2), the requirements prevail to the extent of the inconsistency.
Indigenous Knowledge of the Indigenous Peoples of Canada Confidentiality 61.2 (1) Any Indigenous knowledge of the Indigenous
peoples of Canada that is provided to the Minister under this Act in confidence is confidential and shall not knowingly be, or be permitted to be, disclosed without written consent.
Exception (2) Despite subsection (1), the Indigenous knowledge referred to in that subsection may be disclosed if (a) it is publicly available; (b) the disclosure is necessary for the purposes of procedural fairness and natural justice or for use in legal proceedings; or (c) the disclosure is authorized in the circumstances
set out in the regulations made under paragraph 43(1)(j.1).
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Consultation (2.1) Before disclosing Indigenous knowledge under
paragraph (2)(b) for the purposes of procedural fairness and natural justice, the Minister shall consult the person or entity who provided the Indigenous knowledge and the person or entity to whom it is proposed to be disclosed about the scope of the proposed disclosure and potential conditions under subsection (3).
Further disclosure (3) The Minister may, having regard to the consultation
referred to in subsection (2.1), impose conditions with respect to the disclosure of Indigenous knowledge by any person or entity to whom it is disclosed under paragraph (2)(b) for the purposes of procedural fairness and natural justice. Duty to comply (4) The person or entity referred to in subsection (3) shall comply with any conditions imposed by the Minister under that subsection.
Protection from civil proceeding or prosecution (5) Despite any other Act of Parliament, civil or criminal proceedings shall not be brought against Her Majesty in right of Canada, the Minister and any person acting on behalf of or under the direction of the Minister for the full or partial disclosure of the Indigenous knowledge referred to in subsection (1) made in good faith under this Act or for any consequences of the disclosure. 1991, c. 1, s. 21
41 Subsection 71(4) of the Act is replaced by the
following: Order to extend detention (4) A court may, by order, permit the fish or other thing seized or any proceeds realized from its disposition to be detained for any further period that may be specified in the order if the Minister makes a request to that effect before the end of the period of detention in question and the court is satisfied that the order is justified in the circumstances. 42 The Act is amended by adding the following after section 71:
Continued detention not required 71.01 (1) If a fishery officer is of the opinion that the
continued detention of the fish or thing seized under this Act is no longer required for the purpose of any investigation or any proceeding, the fishery officer may apply to a court for an order under subsection (2).
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Order of forfeiture (2) The court may, on application by a fishery officer under subsection (1), order that the fish or thing be forfeited to Her Majesty to be disposed of as the Minister directs if the court is satisfied, (a) that the possession of the fish or thing was unlawful at the time of seizure; or (b) if the thing seized is fishing gear or equipment, (i) that it was found in Canadian fisheries waters or in any portion of the continental shelf of Canada that is beyond the limits of Canadian fisheries waters, (ii) that there are reasonable grounds to believe
that the fishing gear or equipment is foreign or that it was placed there by a foreign fishing vessel, as defined in subsection 2(1) of the Coastal Fisheries Protection Act, and (iii) that there is no lease, licence nor other authorization under this Act for their use in those waters or in any portion of that continental shelf of Canada, as the case may be. Notice of application (3) The court may, before making an order under subsection (2), require that notice of the application be sent to the following persons, as the case may be: (a) the person from whom the fish or thing was seized,
if known; (b) the person who appears to be the owner of the
fishing gear or equipment, if applicable; or (c) any other person whom the court designates as a person who has an interest in the application.
Appearance before court (4) The court shall provide any person to whom notice is sent an opportunity to appear before the court and establish that he or she is lawfully entitled to the possession of the fish or thing.
Forfeiture or return (5) After the hearing, the court may, as the court considers appropriate in the circumstances, order the forfeiture of the fish or thing under subsection (2) or their return.
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1991, c. 1, s. 21
43 Subsection 72(3) of the Act is replaced by the
following: Forfeiture of fish — other cases (3) If a person is charged with an offence under this Act
that relates to fish seized under paragraph 51(a) and the person is acquitted or discharged absolutely or conditionally, or the court orders a stay of the proceedings but it is proved that the fish was caught, possessed, sold, purchased, traded, bartered, imported or exported in contravention of this Act or the regulations, the court may order that the fish, or any proceeds realized from its disposition, be forfeited to Her Majesty. 1991, c. 1, s. 22
44 Subsection 75(1) of the Act is replaced by the following:
Application by person claiming interest 75 (1) Subject to section 71.01, if any thing other than
fish is forfeited to Her Majesty under subsection 72(1) or (4), any person who claims an interest in the thing as owner, mortgagee, lienholder or holder of any like interest, other than a person convicted of the offence that resulted in the forfeiture or a person from whom the thing was seized, may, within 30 days after the forfeiture, apply in writing to a judge for an order under subsection (4).
1991, c. 1, s. 24
45 Paragraph 79.2(b) of the French version of the
Act is replaced by the following: b) prendre les mesures qu’il estime justes pour réparer ou éviter les dommages aux poissons, aux pêches ou à l’habitat du poisson résultant ou susceptibles de résulter de la perpétration de l’infraction; 46 The Act is amended by adding the following after section 79.6:
Exemption 79.61 No person commits an offence under this Act by
reason of exercising powers or performing duties and functions related to the administration or enforcement of this Act or the regulations, or by reason of accompanying a person exercising those powers or performing those duties and functions, if, in that exercise or that performance, the person complies with the conditions that the Minister may impose. 47 The Act is amended by adding the following after section 86:
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Alternative Measures Agreements Definitions 86.1 The following definitions apply in sections 86.2 to
86.95. alternative measures means measures in respect of the protection of fisheries, fish or fish habitat or the prevention of pollution, other than judicial proceedings, that are used to deal with a person who is alleged to have committed an offence under this Act. (mesures de rechange) Attorney General means either the Attorney General of Canada or the Attorney General or Solicitor General of the province in which the proceedings are taken, and includes the lawful deputy of either of them. (procureur général) Use of measures 86.2 (1) Alternative measures may be used only if doing
so is not inconsistent with the purpose of this Act and the following conditions are met: (a) the alleged offence is an offence under this Act, except an offence under section 62 or 63 or any other offence referred to in any regulations made under paragraph 86.95(a); (b) an information has been laid in respect of the offence; (c) the Attorney General, after consulting with the
Minister, is satisfied that the measures would be appropriate, having regard to the nature of the offence, the circumstances surrounding its commission and the following factors: (i) the importance of the protection of fisheries,
fish or fish habitat or the prevention of pollution, (ii) the alleged offender’s history of compliance with this Act, (iii) whether the offence is a repeated occurrence, (iv) any allegation that information is being or was concealed or other attempts to subvert the purpose and requirements of this Act are being or have been made, and (v) whether any remedial or preventive action has been taken by or on behalf of the alleged offender in relation to the offence;
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(d) the alleged offender has been advised of the right to be represented by counsel; (e) the alleged offender accepts responsibility for the act or omission that forms the basis of the offence; (f) the alleged offender applies, in accordance with
regulations made under section 86.95, to participate in the measures; (g) the alleged offender and the Attorney General have entered into an alternative measures agreement within 180 days after the day on which the Attorney General provided the alleged offender with initial disclosure of the Crown’s evidence; (h) the Attorney General considers that there is sufficient evidence to proceed with the prosecution of the offence; and (i) the prosecution of the offence is not barred at law.
Restriction on use (2) Alternative measures shall not be used if the alleged
offender (a) denies participation or involvement in the commission of the alleged offence; or (b) expresses the wish to have any charge against
them dealt with by the court. Admissions not admissible in evidence (3) No admission, confession or statement accepting responsibility for a given act or omission made by an alleged offender as a condition of being dealt with by alternative measures is admissible in evidence against them in any civil or criminal proceedings. Dismissal of charge (4) If alternative measures have been used, the court shall dismiss the charge laid against the alleged offender in respect of that offence if the court is satisfied on a balance of probabilities that the alleged offender has complied with the alternative measures agreement.
No bar to proceedings (5) The use of alternative measures is not a bar to any proceedings against the alleged offender under this Act.
Laying of information, etc. (6) This section does not prevent any person from laying
an information, obtaining the issue or confirmation of
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any process, or proceeding with the prosecution of any offence, in accordance with the law. Sentencing considerations 86.3 If an information in respect of an offence of contravening an alternative measures agreement has been laid and proceedings in respect of the alleged offence for which the agreement was entered into have been recommenced, the court imposing a sentence for either offence shall take into account any sentence that has previously been imposed for the other offence. Nature of measures contained in agreement 86.4 (1) An alternative measures agreement may contain any terms and conditions, including (a) terms and conditions having any or all of the effects set out in section 79.2 or having any of the prescribed effects that the Attorney General, after consulting with the Minister, considers appropriate; and (b) terms and conditions relating to the costs of laboratory and field tests, travel and living expenses, costs of scientific analyses and other reasonable costs associated with supervising and verifying compliance with the agreement. Supervisory bodies (2) Any governmental or non-governmental body may supervise and verify compliance with an alternative measures agreement.
Duration of agreement 86.5 An alternative measures agreement comes into force on the day on which it is signed or on any later day that the agreement specifies and continues in force for the period, not exceeding five years, that the agreement specifies.
Filing in court for purpose of public access 86.6 (1) The Attorney General shall consult with the Minister before entering into an alternative measures agreement and shall cause the agreement to be filed, subject to subsection (5), as part of the court record of the proceedings to which the public has access, with the court in which the information was laid within 30 days after the day on which the agreement was entered into.
Reports (2) A report relating to the administration of or compliance with an alternative measures agreement must, immediately after all the terms and conditions of the agreement have been complied with or the charges in respect
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of which the agreement was entered into have been dismissed, be filed with the court in which the agreement was filed. Confidential information or material injury (3) Subject to subsection (4), the following information shall be set out in a schedule to the agreement or to the report: (a) trade secrets of any person; (b) financial, commercial, scientific or technical information that is confidential information and that is treated consistently in a confidential manner by any person; (c) information the disclosure of which could reasonably be expected to result in material financial loss or gain to any person, or could reasonably be expected to prejudice any person’s competitive position; or (d) information the disclosure of which could reasonably be expected to interfere with any person’s contractual or other negotiations.
Agreement on information to be in schedule (4) The parties to an alternative measures agreement
must agree on which information is information referred to in paragraphs (3)(a) to (d).
Schedule confidential (5) The schedule is confidential and shall not be filed with the court.
Prohibition of disclosure (6) The Minister shall not disclose any information set
out in a schedule except under section 86.93 or under the Access to Information Act. Stay and recommencement of proceedings 86.7 Despite section 579 of the Criminal Code, (a) the Attorney General shall, on filing the alternative
measures agreement, stay the proceedings or apply to the court for an adjournment of the proceedings in respect of the offence alleged to have been committed for a period of not more than one year after the day on which the agreement expires; and (b) proceedings stayed under paragraph (a) may be recommenced, without laying a new information or
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preferring a new indictment, as the case may be, by the Attorney General giving notice of the recommencement to the clerk of the court in which the stay of the proceedings was entered, but if that notice is not given within one year after the day on which the agreement expires, the proceedings are deemed never to have been commenced. Application to vary agreement 86.8 (1) The Attorney General may, on application by
the alleged offender and after consulting with the Minister, vary an alternative measures agreement in one or both of the following ways, if the Attorney General considers doing so is appropriate owing to a material change in the circumstances since the agreement was entered into or last varied: (a) by making any changes to the agreement or to its
terms and conditions; and (b) by decreasing the period during which the agreement is to remain in force or relieving the alleged offender, either absolutely or partially or for any period that the Attorney General considers appropriate, of compliance with any term or condition that the agreement specifies. Filing of varied agreement (2) Subject to subsection 86.6(5), an agreement that has
been varied shall be filed with the court in which the original agreement was filed. Records 86.9 Sections 86.91 to 86.93 apply only to alleged offenders who have entered into an alternative measures agreement, regardless of the degree of their compliance with its terms and conditions.
Records of police forces and investigative bodies 86.91 (1) A record that relates to an offence under this
Act that is alleged to have been committed, including the original or a copy of any fingerprints or photographs of the alleged offender, may be kept by any police force or body responsible for, or participating in, the investigation of the offence. Disclosure by fishery officer, fishery guardian or inspector (2) A fishery officer, fishery guardian or inspector may disclose to any person any information in a record kept under subsection (1) that it is necessary to disclose in the conduct of the investigation of an offence under this Act.
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Disclosure to insurance company (3) A fishery officer, fishery guardian or inspector may
disclose to an insurance company any information in a record kept under subsection (1) that it is necessary to disclose for the purpose of the insurance company’s investigation of a claim arising out of an offence under this Act that is committed or alleged to have been committed by the alleged offender to whom the record relates. Government records 86.92 (1) The
Minister, fishery officers, fishery guardians and inspectors and any department or agency of a government in Canada with which the Minister has entered into an agreement under section 86.94 may keep records and use information obtained as a result of the use of alternative measures (a) for the purposes of an inspection under this Act or an investigation of any offence under this Act; (b) in any proceedings under this Act; (c) for the purpose of the administration of alternative measures programs; or (d) otherwise for the purposes of the administration or enforcement of this Act.
Supervision and verification of records (2) Any person who is engaged in supervising and verifying compliance with an alternative measures agreement may (a) keep records relating to the supervision and verification; and (b) use any information that they obtain as a result of
the supervision and verification for any purpose referred to in subsection (1). Disclosure of records 86.93 (1) Any record referred to in section 86.91 or
86.92 may be (a) made available to any judge or court for any purpose that relates to proceedings relating to offences under this Act that are committed or alleged to have been committed by the alleged offender to whom the record or information relates; (b) made available to any prosecutor, fishery officer, fishery guardian or inspector
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(i) for the purpose of investigating an offence under this Act that the alleged offender is suspected on reasonable grounds of having committed, or in respect of which the alleged offender has been arrested or charged, or (ii) for any purpose that relates to the administration of the case to which the record relates; (c) made available to any employee of a department
or agency of a government in Canada, or any agent or mandatary of that department or agency, that is (i) engaged in the administration of alternative measures in respect of the alleged offender, or (ii) preparing a report in respect of the alleged offender under this Act; or (d) made available to any other person who is considered, or is within a class of persons that is considered, by a judge of a court to have a valid interest in the record, to the extent directed by the judge, if that person gives a written undertaking not to subsequently disclose the information except in accordance with subsection (2) and if the judge is satisfied that the disclosure is (i) in the public interest for research or statistical
purposes, or (ii) in the interest of the proper administration of
justice. Subsequent disclosure (2) If a record is made available to a person under subparagraph (1)(d)(i), the person may subsequently disclose information contained in the record, but shall not disclose it in any form that could reasonably be expected to identify the alleged offender to whom it relates or any other person specified by the judge. Information and copies (3) Any person to whom a record is authorized to be made available under this section may be given any information that is contained in the record and may be given a copy of any part of the record.
Evidence (4) Nothing in this section authorizes the introduction
into evidence of any part of a record that would not otherwise be admissible in evidence.
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Exception (5) For greater certainty, this section does not apply to an alternative measures agreement, a varied alternative measures agreement or a report that is filed with the court in accordance with section 86.6.
Agreements respecting exchange of information 86.94 The Minister may enter into an agreement with a
department or agency of a government in Canada respecting the exchange of information for the purpose of administering alternative measures or preparing a report in respect of an alleged offender’s compliance with an alternative measures agreement. Regulations 86.95 The Minister may make regulations respecting the alternative measures that may be used for the purposes of this Act, including regulations (a) excluding specified offences under this Act from
the application of those measures; (b) respecting the form and manner in which and the
period within which an application under paragraph 86.2(1)(f) to participate in the measures is to be made, and the information that is to be contained in or that is to accompany the application; (c) respecting the manner of preparing and filing reports relating to the administration of and compliance with alternative measures agreements; (d) respecting the terms and conditions that may be included in an alternative measures agreement and their effects; and (e) respecting the classes of reasonable costs and the
manner of paying the costs associated with supervising and verifying compliance with an alternative measures agreement. Offence and punishment 86.96 Every person who contravenes an alternative measures agreement referred to in subsection 86.2(1) (a) is guilty of an indictable offence and liable to a fine
of not more than $500,000; or (b) is guilty of an offence punishable on summary
conviction and liable to a fine of not more than $100,000. 48 The Act is amended by adding the following after section 87:
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Powers of Fisheries Officers — waters and territory of foreign state 87.1 Subject to the consent of a foreign state and any
conditions that it may impose, every power that may be exercised, and every duty or function that may be performed in Canada by a fishery officer under this Act may be exercised or performed on or over the waters that are subject to the jurisdiction of a foreign state or on the state’s territory, or in a port of the foreign state, in relation to any fishing vessel that is subject to the jurisdiction of Canada. 49 The Act is amended by adding the following after section 91:
Review of Act Five-year review 92 Every five years beginning on the day on which this section comes into force, the provisions and operation of this Act shall be reviewed by the committee of the Senate, of the House of Commons or of both Houses that is designated or established for that purpose.
Replacement of “Aboriginal” with “Indigenous” 50 The English version of the Act is amended by
replacing “Aboriginal” with “Indigenous” in the following provisions: (a) paragraphs 6(a) and (c); (b) subsection 35(1); (c) the portion of subsection 37(1) before paragraph (b); (d) subparagraph 38(3)(b)(i); and (e) paragraph 43(1)(i.01).
Transitional Provisions Analysts 51 Any person who is designated as an analyst within the meaning of the definition analyst in subsection 2(1) of the Fisheries Act, as it read immediately before the day on which section 38 of this Act comes into force, is deemed to be designated as an analyst under subsection 56.1(1) of the Fisheries Act as enacted by that section 38.
Authorization — Paragraph 35(2)(b) 52 Any authorization issued by the Minister under paragraph 35(2)(b) of the Fisheries Act before
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the day on which section 22 of this Act comes into force and that is still valid on the day on which that section comes into force is deemed to have been issued under paragraphs 34.4(2)(b) and 35(2)(b), as those paragraphs read after that day.
Application — Paragraph 35(2)(b) 53 (1) If an application for the issuance of an authorization under paragraph 35(2)(b) of the Fisheries Act is made in accordance with the Applications for Authorization under Paragraph 35(2)(b) of the Fisheries Act Regulations before the day on which section 22 of this Act comes into force, and the applicant has received notification from the Minister that the application is complete in accordance with the requirements of those regulations, then the Fisheries Act as it read immediately before the day on which this Act receives royal assent, applies to the exercise of the Minister’s power under that Act to authorize the carrying on of the work, undertaking or activity that is referred to in the application. Any authorization issued by the Minister is deemed to be an authorization that was issued under paragraphs 34.4(2)(b) and 35(2)(b) of that Act, as those paragraphs read after the day on which section 22 of this Act comes into force.
Incomplete application (2) If the Minister notifies the applicant in accordance with the Applications for Authorization under Paragraph 35(2)(b) of the Fisheries Act Regulations, that the application is incomplete, then the applicant shall provide the Minister with the required information or documentation (a) no later than 180 days after the day on which section 22 of this Act comes into force, if the applicant receives the notice before that day; (b) no later than 180 days after the day on which the applicant received the notice, if the applicant receives the notice on or after the day on which section 22 of this Act comes into force.
Minister’s notification (3) If the Minister notifies the applicant, in accordance with the Applications for Authorization under Paragraph 35(2)(b) of the Fisheries Act Regulations, following the receipt of any required information or documentation from the
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applicant within the time period referred to in subsection (2), that the application is complete, the Fisheries Act as it read immediately before the day on which this Act received royal assent applies to the exercise of the Minister’s power under that Act to authorize the carrying on of the work, undertaking or activity that is referred to in the application. Any authorization issued by the Minister is deemed to be an authorization that was issued under paragraphs 34.4(2)(b) and 35(2)(b) of that Act, as those paragraphs read after the day on which section 22 of this Act comes into force. However, if the Minister notifies the applicant that the application is still incomplete, then the authorization that was applied for is deemed to have been refused.
Consequential Amendments R.S., c. A-1
Access to Information Act 54 Schedule II to the Access to Information Act
is amended by adding, in alphabetical order, a reference to Fisheries Act Loi sur les pêches and a corresponding reference to “subsections 61.2(1) and (2)”. R.S., c. O-7; 1992, c. 35, s. 2
Canada Oil and Gas Operations Act 2015, c. 4, s. 28
55 The portion of item 2 of Part 1 of Schedule 2 to
the Canada Oil and Gas Operations Act in column 2 is replaced by the following: 34.4(1) and 35(1)
1987, c. 3; 2014, c. 13, s. 3
Canada–Newfoundland and Labrador Atlantic Accord Implementation Act 2015, c. 4, s. 70
56 The portion of item 2 of Part 1 of Schedule 2 to
the
Canada–Newfoundland
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Atlantic Accord Implementation Act in column 2 is replaced by the following: 34.4(1) and 35(1). 1988, c. 28
Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act 2015, c. 4, s. 109
57 The portion of item 2 of Part 1 of Schedule VI
to the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act in column 2 is replaced by the following: 34.4(1) and 35(1)
2012, c. 31, s. 179
Bridge To Strengthen Trade Act 2012, c. 31, par. 184(3)(a)
58 (1) Subsection 8(1) of the English version of
the Bridge To Strengthen Trade Act is replaced by the following: Harm to fish 8 (1) Before a person who proposes to carry on any
work, undertaking or activity, for the purpose of the construction of the bridge, parkway or any related work and for which an authorization referred to in paragraphs 35(2)(b) or (c) of the Fisheries Act would have been required but for section 3, begins to carry on the work, undertaking or activity, they must file with the Minister a plan that includes all measures to be taken to mitigate the harm to fish that are part of a commercial, recreational or Indigenous fishery, or to fish that support such a fishery resulting from the carrying on of the work, undertaking or activity. (2) Subsection 8(1) of the Act is replaced by the
following: Death of fish or harmful alteration, disruption or destruction of fish habitat 8 (1) Before a person who proposes to carry on any
work, undertaking or activity, for the purpose of the construction of the bridge, parkway or any related work and for which an authorization referred to in paragraph 34.4(2)(b) or (c) or 35(2)(b) or (c) of the Fisheries Act would have been required but for section 3, begins to carry on the work, undertaking or activity, they must file
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with the Minister a plan that includes all measures to be taken to mitigate the extent of death of fish or the harmful alteration, disruption or destruction of fish habitat, resulting from the carrying on of the work, undertaking or activity.
Coordinating Amendments Bill S-203
58.1 (1) Subsections (2) to (8) apply if Bill S-203,
introduced in the 1st session of the 42nd Parliament and entitled An Act to amend the Criminal Code and other Acts (ending the captivity of whales and dolphins) (in this section referred to as the “other Act”), receives royal assent. (2) On the first day on which both section 2 of the other Act and this subsection are in force, the Fisheries Act is amended by adding the following after section 23.2:
Exception to the Criminal Code — scientific research 23.3 (1) Subsection 445.2(2) of the Criminal Code does
not apply to a person who conducts scientific research in accordance with a licence issued by the Minister under subsection (2). Issuance of licence (2) The Minister may issue a licence authorizing any person to conduct scientific research with respect to cetaceans and impose any conditions that the Minister considers appropriate in the licence.
Exception to the Criminal Code — cetacean’s captivity in its best interests 23.4 (1) Paragraph 445.2(2)(a) of the Criminal Code
does not apply to a person who keeps a cetacean in captivity in the best interests of the cetacean’s welfare in accordance with a licence issued by the Minister under subsection (2). Issuance of licence (2) The Minister may issue a licence authorizing any person to keep a cetacean in captivity in the best interests of the cetacean’s welfare and impose any conditions that the Minister considers appropriate in the licence.
Exception to the Criminal Code — scientific research by federal employees 23.5 Subsection 445.2(2) of the Criminal Code does not
apply to the employees of any federal entity set out in Schedules I to V of the Financial Administration Act who are performing their duties or functions in relation to
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scientific research with respect to cetaceans and to persons who are assisting them. Exception to the Criminal Code — federal employees keeping cetaceans in captivity 23.6 Paragraph 445.2(2)(a) of the Criminal Code does
not apply to the employees of any federal entity set out in Schedules I to V of the Financial Administration Act who are performing their duties or functions in relation to the keeping of a cetacean in captivity in the best interests of the cetacean’s welfare and to persons who are assisting them. (3) If section 3 of the other Act comes into force
before section 15 of this Act, then section 28.1 of the Fisheries Act is repealed. (4) If section 15 of this Act comes into force before section 3 of the other Act, then that section 3 is deemed never to have come into force and is repealed. (5) If section 3 of the other Act comes into force
on the same day as section 15 of this Act, then that section 3 is deemed never to have come into force and is repealed. (6) If sections 4 and 5 of the other Act come into
force before section 15 of this Act, then section 7.1 and subsection 10(1.1) of the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act are repealed. (7) If section 15 of this Act comes into force before sections 4 and 5 of the other Act, then those sections 4 and 5 are deemed never to have come into force and are repealed. (8) If sections 4 and 5 of the other Act come into force on the same day as section 15 of this Act, then those sections 4 and 5 are deemed never to have come into force and are repealed. Bill S-238
58.2 (1) Subsections (2) to (7) apply if Bill S-238, introduced in the 1st session of the 42nd Parliament and entitled An Act to amend the Fisheries Act and the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act (importation and exportation of shark fins) (in this section referred to as the “other Act”), receives royal assent.
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(2) If section 2 of the other Act comes into force
before section 18.1 of this Act, then section 32 of the Fisheries Act, as enacted by that section 2, is repealed. (3) If section 18.1 of this Act comes into force before section 2 of the other Act, then that section 2 is deemed never to have come into force and is repealed. (4) If section 2 of the other Act comes into force
on the same day as section 18.1 of this Act, then that section 2 is deemed never to have come into force and is repealed. (5) If sections 3 and 4 of the other Act come into force before section 18.1 of this Act, then subsections 6(1.1) and 10(1.1) of the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act are repealed.
(6) If section 18.1 of this Act comes into force before sections 3 and 4 of the other Act, then those sections 3 and 4 are deemed never to have come into force and are repealed. (7) If sections 3 and 4 of the other Act come into
force on the same day as section 18.1 of this Act, then those sections 3 and 4 are deemed never to have come into force and are repealed.
Bill S-203
58.3 (1) Subsections (2) to (4) apply if Bill S-203,
introduced in the 1st session of the 42nd Parliament and entitled An Act to amend the Criminal Code and other Acts (ending the captivity of whales and dolphins) (in this section referred to as the “other Act”), receives royal assent. (2) On the first day on which both section 2 of the
other Act and this subsection are in force, the portion of subsection 445.2(2) of the Criminal Code before paragraph (a) is replaced by the following: Offence (2) Subject to subsections (2.1) to (3.1), every person commits an offence who (3) On the first day on which both section 2 of the other Act and this subsection are in force, section 445.2 of the Criminal Code is amended by adding the following after subsection (2):
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Exception — gestation (2.1) If a cetacean is gestating on the day on which this
subsection comes into force, paragraphs (2)(b) and (c) do not apply in respect of that cetacean for the period in which it gestates that includes the day on which this subsection comes into force. Exception — offspring (2.2) Paragraph (2)(a) does not apply to the offspring of
a cetacean if that offspring was born immediately after a gestational period that included the day on which this subsection came into force. (4) On the first day on which both section 2 of the other Act and this subsection are in force, subsection 445.2(4) of the Criminal Code is replaced by the following:
Exception — authorization (4) Every person commits an offence who promotes, arranges, conducts, assists in, receives money for or takes part in any meeting, competition, exhibition, pastime, practice, display or event at or in the course of which captive cetaceans are used, in Canada, for performance for entertainment purposes, unless the performance is authorized under a licence issued by the Lieutenant Governor in Council of a province or by an authority in the province as may be specified by the Lieutenant Governor in Council.
Coming into Force Order in council 59 Subsections 1(1), (5) and (10), sections 8, 13
and 19 to 24, subsections 25(2), (4), (5), (6), (8), (10) and (11) and 27(1) to (6), (8) and (9), sections 28 to 30, subsections 31(6) and (13), sections 52 and 55 to 57 and subsection 58(2) come into force on a day or days to be fixed by order of the Governor in Council.
Published under authority of the Speaker of the House of Commons 2015-2016-2017-2018-2019
Disponible sur le site Web de la Chambre des comm
|
First Session, Forty-second Parliament, 64-65-66-67-68 Elizabeth II, 2015-2016-2017-2018-2019
STATUTES OF CANADA 2019
CHAPTER 28
An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts
ASSENTED TO JUNE 21, 2019 BILL C-69
RECOMMENDATION Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts”.
SUMMARY Part 1 enacts the Impact Assessment Act and repeals the Canadian Environmental Assessment Act, 2012. Among other things, the Impact Assessment Act (a) names the Impact Assessment Agency of Canada as the authority responsible for impact assessments; (b) provides for a process for assessing the environmental, health, social and economic effects of designated projects with a view to preventing certain adverse effects and fostering sustainability; (c) prohibits proponents, subject to certain conditions, from carrying out a designated project if the designated project is likely to cause certain environmental, health, social or economic effects, unless the Minister of the Environment or Governor in Council determines that those effects are in the public interest, taking into account the impacts on the rights of the Indigenous peoples of Canada, all effects that may be caused by the carrying out of the project, the extent to which the project contributes to sustainability and other factors; (d) establishes a planning phase for a possible impact assessment of a designated project, which includes requirements to cooperate with and consult certain persons and entities and requirements with respect to public participation; (e) authorizes the Minister to refer an impact assessment of a designated project to a review panel if he or she considers it in the public interest to do so, and requires that an impact assessment be referred to a review panel if the designated project includes physical activities that are regulated under the Nuclear Safety and Control Act, the Canadian Energy Regulator Act, the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act and the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act; (f) establishes time limits with respect to the planning phase, to impact assessments and to certain decisions, in order to ensure that impact assessments are conducted in a timely manner; (g) provides for public participation and for funding to allow the public to participate in a meaningful manner; (h) sets out the factors to be taken into account in conducting an impact assessment, including the impacts on the rights of the Indigenous peoples of Canada;
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(i) provides for cooperation with certain jurisdictions, including Indigenous governing bodies, through the delegation of any part of an impact assessment, the joint establishment of a review panel or the substitution of another process for the impact assessment; (j) provides for transparency in decision-making by requiring that the scientific and other information taken into account in an impact assessment, as well as the reasons for decisions, be made available to the public through a registry that is accessible via the Internet; (k) provides that the Minister may set conditions, including with respect to mitigation measures, that must be implemented by the proponent of a designated project; (l) provides for the assessment of cumulative effects of existing or future activities in a specific region through regional assessments and of federal policies, plans and programs, and of issues, that are relevant to the impact assessment of designated projects through strategic assessments; and (m) sets out requirements for an assessment of environmental effects of non-designated projects that are on federal lands or that are to be carried out outside Canada.
Part 2 enacts the Canadian Energy Regulator Act, which establishes the Canadian Energy Regulator and sets out its composition, mandate and powers. The role of the Regulator is to regulate the exploitation, development and transportation of energy within Parliament’s jurisdiction. The Canadian Energy Regulator Act, among other things, (a) provides for the establishment of a Commission that is responsible for the adjudicative functions of the Regulator; (b) ensures the safety and security of persons, energy facilities and abandoned facilities and the protection of property and the environment; (c) provides for the regulation of pipelines, abandoned pipelines, and traffic, tolls and tariffs relating to the transmission of oil or gas through pipelines; (d) provides for the regulation of international power lines and certain interprovincial power lines; (e) provides for the regulation of renewable energy projects and power lines in Canada’s offshore; (f) provides for the regulation of access to lands; (g) provides for the regulation of the exportation of oil, gas and electricity and the interprovincial oil and gas trade; and (h) sets out the process the Commission must follow before making, amending or revoking a declaration of a significant discovery or a commercial discovery under the Canada Oil and Gas Operations Act and the process for appealing a decision made by the Chief Conservation Officer or the Chief Safety Officer under that Act.
Part 2 also repeals the National Energy Board Act. Part 3 amends the Navigation Protection Act to, among other things, (a) rename it the Canadian Navigable Waters Act; (b) provide a comprehensive definition of navigable water;
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(c) require that, when making a decision under that Act, the Minister must consider any adverse effects that the decision may have on the rights of the Indigenous peoples of Canada; (d) require that an owner apply for an approval for a major work in any navigable water if the work may interfere with navigation; (e) set out the factors that the Minister must consider when deciding whether to issue an approval; (f) provide a process for addressing navigation-related concerns when an owner proposes to carry out a work in navigable waters that are not listed in the schedule; (g) provide the Minister with powers to address obstructions in any navigable water; (h) amend the criteria and process for adding a reference to a navigable water to the schedule; (i) require that the Minister establish a registry; and (j) provide for new measures for the administration and enforcement of the Act.
Part 4 makes consequential amendments to Acts of Parliament and regulations.
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TABLE OF PROVISIONS An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts Preamble
PART 1
Impact Assessment Act 1
Enactment
An Act respecting a federal process for impact assessments and the prevention of significant adverse environmental effects Short Title 1
Impact Assessment Act
Interpretation 2
Definitions
Rights of Indigenous peoples of Canada
Application 4
Non-application
Her Majesty 5
Binding on Her Majesty
Purposes 6
Purposes
Prohibitions 7
Proponent
Federal authority
Designation of Physical Activity 9
Minister’s power to designate
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Planning Phase Obligations 10
Proponent’s project
obligation — description
Public participation
Agency’s obligation — offer to consult
Federal authority’s obligation
of
Agency’s obligation — summary of issues
Proponent’s obligation — notice
designated
Decisions Regarding Impact Assessments Agency’s Decision 16
Decision
Minister’s Decision 17
Minister’s power
Information Gathering 18
Notice of commencement
Time limit for information or studies
Termination of impact assessment
Impact Assessments Consultation and Cooperation with Certain Jurisdictions 21
Agency’s or Minister’s obligations
Factors — impact assessment
Factors To Be Considered
Federal Authority’s Obligation 23
Specialist or expert information
Impact Assessment by Agency General Rules 24
Application only when no referral to review panel
Agency’s obligations
Information
Public participation
Public notice in certain cases — draft report
Delegation
Non-disclosure
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Substitution 31
Minister’s power
Exceptions
Conditions
Assessment considered in conformity
Additional information
Impact Assessment by a Review Panel General Rules 36
Referral to review panel
Time limit
37.1
Time limit
Studies and collection of information
Agreement to jointly establish review panel
Mackenzie Valley Resource Management Act
Terms of reference and appointment of members
Provisions of agreement
Obligation to refer
Terms of reference — Nuclear Safety and Control Act
Impact assessment to be used
Powers in relation to Nuclear Safety and Control Act
Terms of reference — Canadian Energy Regulator Act
Powers in relation to Canadian Energy Regulator Act
Summary and information
Establishment of roster
Review panel’s duties
Information
Power to summon witnesses
Informal proceedings
Copy posted on Internet site
55.1
Recommendations
Studies and collection of information
Non-disclosure
Confidential Information
Rules in Case of Termination 58
Power to terminate
Completion of impact assessment by Agency
Decision-Making 60
Minister’s decision
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Referral to Governor in Council
Governor in Council’s determination
Factors — public interest
Conditions — effects within federal jurisdiction
Decision Statement 65
Decision statement issued to proponent
Posting of decision statement on Internet site
Decision statement considered to be part of licence under Nuclear Safety and Control Act
Minister’s power — decision statement
Public notice — amendment to decision statement
Minister’s obligation
Revocation of decision statement
Amending decision statement — information
Termination of Impact Assessment 73
Termination by Agency or Minister
No disclosure
Confidential Information
Participant Funding Programs 75
Agency’s obligation
Cost Recovery 76
Regulations
Powers exercised, duties and functions performed during a given period
Expenditure of fees, charges, etc.
Debt due to Her Majesty
Unpaid fees, charges, etc.
Duties of Certain Authorities in Relation to Projects 81
Definitions
Project carried out on federal lands
Project outside Canada
Factors
Federal authority’s obligation
Notice posted on Internet site
Power to designate physical activities
Designation of class of projects
Notice inviting public comments
Referral to Governor in Council
Non-application — national emergency or emergency
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Regional Assessments and Strategic Assessments Regional Assessments 92
Regional assessments — region entirely on federal lands
Regional assessments — other regions
Agency’s obligation to offer to consult
Strategic Assessments 95
Assessments
Committee’s mandate and appointment of members
General Rules 97
Minister’s obligations — request for assessment
Information available to public
Public participation
Federal authority’s obligation
Application of section 53
Report to Minister
Copy of report posted on Internet site
Canadian Impact Assessment Registry Establishment of Registry 104
Canadian Impact Assessment Registry
Internet Site 105
Establishment and maintenance
Project Files 106
Establishment and maintenance
Categories of available information
Protection from civil proceeding or prosecution
General
Administration 109
Regulations — Governor in Council
Amendment of Schedule 2
Review of regulations
Regulations — Minister
112.1
Physical activity excluded
Externally produced documents
Minister’s powers
Non-application — national security
Statutory Instruments Act
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Minister’s Advisory Council 117
Advisory council to be established
Meetings
Traditional Knowledge of the Indigenous Peoples of Canada 119
Confidentiality
Administration and Enforcement Enforcement Officers and Analysts 120
Designation
Immunity
Powers 122
Authority to enter
Warrant for dwelling-house
Entry on private property
Production of documents
Issuance
Notice of Non-compliance
Orders 127
Measures required
Exigent circumstances
Duty to comply with order
Review of Orders 130
Request for review
Review
No automatic stay on review
Evidence
Powers of review officer
Decision
Immunity
Rules
Federal Court 138
Appeal to Federal Court
Order not suspended
Court’s power
Injunctions
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Voluntary Reports 141
Voluntary reports
Prohibitions and Offences 142
Obstruction
False statements or information
Offences
Determination of small revenue corporation or entity status
Continuing offences
Liability of senior officers
Duties of senior officers
Limitation period or prescription
Admissibility of evidence
Notice to shareholders
Publication 152
Power
Impact Assessment Agency of Canada 153
Agency continued
Delegation to Agency
Agency’s objects
Agency’s duties
Expert committee
Advisory committee — interests and concerns of Indigenous peoples
Using government facilities
President
Executive Vice-president
Remuneration
Appointment under Public Service Employment Act
Head office
Contracts, etc., binding on Her Majesty
Annual Report 166
Annual report to Parliament
Review of Act after 10 years
Review of Act Transitional Provisions 168
Definitions
President of former Agency
Executive Vice-president of former Agency
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Employment continued
References
Transfer of rights and obligations
Commencement of legal proceedings
Continuation of legal proceedings
Appropriations
Persons designated
Screenings commenced under 1992 Act
Comprehensive studies commenced under 1992 Act
Screenings under 2012 Act
Environmental assessments by former Agency under 2012 Act
Environmental assessments by other responsible authorities
182.1
Environmental assessments by National Energy Board
Environmental assessments referred to review panel
Decision statements issued under 2012 Act
Substitution
185.1
Non-application of this Act
Unpaid costs
Privileged evidence, documents or things
187.1
Regional studies commenced under 2012 Act
Regulations
Amendments to the Impact Assessment Act 2
Amendments
Repeal 9
Repeal
PART 2
Canadian Energy Regulator Act 10
Enactment
An Act to establish the Canadian Energy Regulator Short Title 1
Canadian Energy Regulator Act
Interpretation 2
Definitions
Rights of Indigenous peoples of Canada
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Application — Special Act lands
Powers of liquidators, trustees, etc.
Purpose 6
Purpose of Act
General 7
Binding on Her Majesty
Order designating Minister
PART 1
Canadian Energy Regulator 9
Definition of document of authorization
Canadian Energy Regulator
Mandate
Jurisdiction — Inuvialuit Settlement Region
Governor in Council directions
Establishment and Mandate
Board of Directors 14
Establishment and composition
Appointment
Conflict of Interest Act
Role of the board of directors
Annual report
Role of Chairperson
Vacancy
Chief Executive Officer 21
Appointment
Conflict of Interest Act
Role of Chief Executive Officer
Designated officers
For greater certainty
Commission Composition and Appointments 26
Commission
Quorum
Appointment
Conflict of Interest Act
Vacancy
Powers, Duties and Functions 31
Court of record
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Jurisdiction
Power to act on own initiative
Orders and prohibitions
Rules
Annual report
Lead Commissioner and Deputy Lead Commissioner 37
Designation
Role of Lead Commissioner
Acting Lead Commissioner
Acting Lead and Deputy Lead Commissioners
Instructions and Measures 41
Instructions regarding timeliness
Measures to meet time limit
Inconsistencies
Non-application
Authorization — powers, duties and functions
Authorization — report
Replacement of commissioner during hearing
Replacement of panel member during hearing
Lead Commissioner’s powers
Change in composition of panel
Authorization to continue
Public hearings
Authorizations, Panels and Hearings
Recommendations 53
Reasons
Exercise of Commission’s Powers and Performance of Its Duties and Functions by Designated Officers 54
Regulations
Apportionment of work
Rights and Interests of the Indigenous Peoples of Canada 56
Duty to consider — Commission
Involvement of Indigenous peoples of Canada
Confidentiality — traditional knowledge
Regulations
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Confidentiality of Information 60
Confidentiality
Confidentiality
Confidentiality
Decisions and Orders General 63
Reasons
Enforcement of orders
Conditions
General or particular application
Coming into force and cessation of effect — Commission
Relief
Reviews and Appeals 69
Power to review, vary or rescind — Commission
Decisions final
Appeal to Commission
Appeal to Federal Court of Appeal
Alternative Dispute Resolution 73
Alternative dispute resolution
Public Engagement 74
Public engagement
Participant funding program
Collaborative Processes and Ministerial Arrangements 76
Collaborative processes
Ministerial arrangements
Regulations
Inconsistencies
Advice 80
Study and review
Reports and recommendations to Minister
Recommendations on cooperative measures
Request of Minister
Other requests
Powers — Inquiries Act
Use of government agencies
Regulations
Service Fees Act
Cost Recovery
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General 89
Definition of certified document
Compensation
Public Service Superannuation Act
Statutory Instruments Act
PART 2
Safety, Security and Protection of Persons, Property and Environment Definitions 93
Definitions
Reasonable care
General Duty
Regulation of Construction, Operation and Abandonment 95
Orders
Regulations
Exemption orders
Regulations
Offence and punishment
Security of Regulated Facilities 100
Security regulations
Abandoned facilities
Administration and Enforcement 102
Designation of inspection officers
Authority to enter
Warrant to enter dwelling-house or living quarters
Immunity
Prohibition — obstruction
Prohibition — false statements or information
Notice of non-compliance
Grounds for making order
Effect of appeal
Information confidential
Offence and punishment — duty to assist and orders
Privilege 113
Definitions
Voluntary reporting
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Administrative Monetary Penalties Regulator’s Powers 115
Regulations
Powers of Regulator
Violations 117
Commission of violation
Liability of directors, officers, etc.
Proof of violation
Issuance and service of notice of violation
Rules about Violations 121
Certain defences not available
Continuing violation
Violation or offence
Limitation period or prescription
Reviews 125
Right to request review
Correction or cancellation of notice of violation
Review
Object of review
Burden of proof
Responsibility 130
Payment
Failure to act
Recovery of Penalties 132
Debts to Her Majesty
Certificate
General 134
Admissibility of documents
Publication
Polluter Pays Principle 136
Purpose
Liability 137
Recovery of loss, damage, costs, expenses
Financial Requirements 138
Financial resources
Pooled fund
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Reimbursement by Company 140
Reimbursement — measures taken by government institution
Designated Company 141
Designation
Regulations imposing fees, etc.
Pipeline Claims Tribunal Establishment 143
Establishment of Tribunal
Jurisdiction of courts
Public notice
Members of Tribunal
Tenure
Immunity
Chairperson and Staff 149
Chairperson
Staff
Technical or specialized knowledge
Payment by Regulator
Staff and facilities
Tribunal’s Powers, Duties and Functions 154
Hearings
Powers
Examinations
Frivolous or vexatious claims
Written submissions
Rules
Claims for Compensation 160
Application
Public hearings
Interim award of compensation
Determining compensation
Amount to be paid
Total amount
Recovery of overpayment
Report
Payment by Regulator
Reconsideration 168
Reconsideration
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Determining compensation
Judicial Review 170
Grounds
Amount paid out of Fund
Appropriation and Repayment
Regulations 172
Regulations — Tribunal
Regulations — compensation
Sentencing Respecting Releases from Pipelines 174
Sentencing principles
Orders of court
Variation of sanctions
Subsequent applications with leave
Recovery of fines and amounts
PART 3
Pipelines General 179
Companies only
Operation of pipeline
Limitations
Certificates 182
Application for certificate
Report
Order to reconsider
Impact Assessment Act
Decision by Governor in Council
Compliance
Application for judicial review
Continuation of jurisdiction and obligation
Variation or transfer of certificates
Recommendation to vary or transfer
Recommendation not to vary or transfer
Order to reconsider
Publication of order
Suspension of certificates
Revocation of certificates — application or consent
Revocation of certificates — contravention
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Location of Pipelines 198
Approval
Plan, profile and book of reference
Additional material to be deposited
Determination of Detailed Route and Approval 201
Notice to owners
Public hearing
Matters to be taken into account
Conditions
Notice of decision
Costs of making representations
For greater certainty
Errors 208
Application for correction of errors
Error as to names
Duties of Land Registrar 210
Registration of plans, etc.
Deviations and Relocations 211
Approval of deviations
Relocation
Leave required
Leave to Open Pipelines
Exemptions 214
Orders
Impact Assessment Act
Regulations Concerning Time Limits 216
Power of the Regulator
Construction Despite Presence of Utilities or Navigable Waters 217
Construction — utility
Construction or operation — navigable water
Effects of recommendation on navigation
Pipeline not work
Regulations
Existing terms and conditions
Offence and punishment
If pipeline affixed to any real property or immovables
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Traffic, Tolls and Tariffs Interpretation 225
Definition of tariff
Commission’s Powers 226
Orders
Filing of Tariff 227
Tariff to be filed
Commencement of tariff
Authorized tolls
Just and Reasonable Tolls 230
Tolls
Determination — Commission
Interim tolls
Disallowance or Suspension of Tariff 233
Disallowance
Suspension
No unjust discrimination
Burden of proof
Prohibition
Discrimination
Contracts Limiting Liabilities 238
General rule
Transmission by Pipeline 239
Duty — company
Transmission and Sale of Gas 240
Extension or improvement
Abandonment 241
Limitation
Costs and expenses related to abandonment
Orphan pipelines
Orphan abandoned pipelines
Measures
Orphan Pipelines Account
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PART 4
International and Interprovincial Power Lines International Power Lines 247
Prohibition
Permits 248
Issuance
Publication
Location and Construction under Provincial Law 250
Provincial regulatory agency
Application
Laws of a province
Application of provincial laws
Powers, duties and functions of provincial regulatory agency
Paramountcy
Certificates Designated International Power Lines 256
Further information
Recommendation and delay of issuance
Where certificate required
Election — Application of this Act 259
Election by applicant or holder
Effect of election
Designated Interprovincial Power Lines 261
Where certificate required
Issuance of Certificate 262
Issuance
Impact Assessment Act
Location and Construction under Federal Law 264
Application
Prohibition
Application of certain provisions
Navigable Waters 267
Construction or operation
Effects on navigation
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Power lines not works
Regulations
Facilities, Ground Disturbances and Relocation 271
Application
Construction — facility
Prohibition — construction or ground disturbance
Relocation
Orders
Temporary prohibition — ground disturbances
Abandonment 277
Prohibition
Permits and Certificates 278
Conditions — permit
Compliance
Variation or transfer of certificates
Recommendation to vary or transfer
Recommendation not to vary or transfer
Order to reconsider
Publication of order
Suspension of certificates
Revocation of certificates — application or consent
Revocation of certificates — contravention
Variation or transfer of permits
Suspension or revocation of permits
General Provisions 290
Application of certain provisions
Regulations
291.1
Regulations — excluded periods
Offences 292
Offence and punishment
Offence
Application of Certain Provisions 294
Certificate or order before June 1, 1990
Terms and conditions before July 3, 2013
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Offshore Renewable Energy Projects and Offshore Power Lines 296
Definitions
Prohibition 297
Prohibition — work or activity
Authorizations 298
Issuance
Impact Assessment Act
Variation or transfer
Suspension or revocation
Liability and Financial Requirements 302
Recovery of loss, etc., caused by debris
Financial resources
Proof of financial responsibility
General Provisions 305
Application of provisions in Part 4
Application of provisions in Part 6
Application of sections 317 and 318
Limitations
Right of entry
Study and report
Offence and punishment
Regulations
312.1
Regulations — excluded periods
PART 6
Lands
General Powers 313
Powers of company
Damages and compensation
Exercise of powers outside Canada
Taking and Using Crown Lands 316
Crown lands
Certain Lands for Which Consent Required 317
Consent of council of the band
Consent of Yukon first nation or Governor in Council
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Application 319
Application restricted
Acquisition or Lease of Lands 320
Definition of owner
Methods of acquisition or lease
Notice of proposed acquisition or lease of lands
Agreement of purchase and sale
Right of Entry 324
Immediate right of entry
Advance of compensation
Vesting
Determination of Compensation 327
Determinations regarding compensation
Settlement land or Tetlit Gwich’in Yukon land
Form of compensation payment if land taken
Costs
Decisions
Agreements supersede Commission decisions
Regulations and Orders Respecting Acquisition, Lease or Taking of Lands and Compensation Matters 333
Regulations
Orders of Commission
Damage Prevention 335
Prohibition — construction or ground disturbance
Mines and Minerals 336
Protection of mines
Right to minerals
Protection of pipeline from mining operations
Examination of site of mining operations
Compensation for severance, etc., of mining property
Executions 341
Assets of company subject to executions
Construing Special Acts
Construing Special Acts
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PART 7
Exports and Imports DIVISION 1
Oil and Gas Prohibition 343
Prohibition — export
Issuance of Licences for Exportation 344
Issuance
Criteria
Time limit
Ministerial approval
Variation, Transfer, Suspension and Revocation 348
Variation of licences
Transfer of licences
Suspension or revocation of licences — application or consent
Suspension or revocation of licences — contravention
Importation of Oil or Gas 352
Importer
Regulations 353
Regulations
Regulations — Governor in Council approval
DIVISION 2
Electricity Prohibition 355
Export
Issuance
Publication
Further information
Delay of issuance
Issuance of Permits
Orders 360
Where licence required
Issuance of Licences 361
Issuance
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Conditions of Permits and Licences 362
Conditions — permits
Compliance
Period of validity
Variation or transfer of permits or licences
Suspension or revocation of permits or licences
Regulations 367
Regulations — Governor in Council
DIVISION 3
Interprovincial Oil and Gas Trade Interpretation 368
Definitions
Control by Regulator 369
Order in Council
Issuance of Licences 370
Issuance
Criteria
Regulations 372
Regulations — Governor in Council
DIVISION 4
Implementation of Free Trade Agreements 373
Definitions
Principle
Declaration of Governor in Council
Request for declaration
Exportation to United States, Chile or Costa Rica
No declaration made
DIVISION 5
Offences and Punishment 379
Offence and punishment
Powers of certain officers
PART 8
Oil and Gas Interests, Production and Conservation Interpretation 381
Definitions of oil and gas
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Declarations of Significant Discovery and Commercial Discovery 382
Application
Operating Licences and Authorizations 383
Variation of licences or authorizations
Chief Conservation Officer and Chief Safety Officer 384
Application to appeals
Show cause hearing relating to waste
Application
Orders 387
Offence and punishment
Statutory Instruments Act
PART 9
General Regulations 389
Regulations respecting accounts, etc.
Regulations
Security regulations
Review of Act 392
Review of Act after 10 years
Transitional Provisions 11
Definitions
Appointments terminated
Appointments terminated
Continuation — members of National Energy Board
Persons employed by National Energy Board
Collective agreements or arbitral awards continued
Application for certification
Power of Board
Application for leave to give notice to bargain collectively
No application within specified period
Notice to bargain given before commencement day
Duty to observe conditions
Application and notice to bargain collectively
Inquiry and votes
Consideration of classification
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Determination of questions of membership in bargaining units
Employer participation
Application of Federal Public Sector Labour Relations Act
Persons not represented
Complaints
Grievances
Matter referred to Board
Decisions and orders
Certificates, licences and permits
Leave
Pending applications
36.1
For greater certainty
Excluded periods if no regulations — Part 3
Certified copies
Lands — consent not required
Section 112 of National Energy Board Act
Pending requests
Importation of oil or gas
42.1
References
42.2
Appropriations
Regulations
Repeal 44
Repeal
PART 3
Navigation Protection Act Amendments to the Act 45
Amendments
Transitional Provisions 76
Deemed approval
Minor works
Navigable waters not listed in the schedule
Validly constructed or placed
Notice or application not decided
PART 4
Consequential and Coordinating Amendments and Coming into Force Consequential Amendments 81
Access to Information Act
Energy Administration Act
Energy Supplies Emergency Act
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Excise Tax Act
Export Development Act
Federal Courts Act
Financial Administration Act
Canada Labour Code
Northern Pipeline Act
Canada Oil and Gas Operations Act
Privacy Act
Public Service Superannuation Act
Canada Petroleum Resources Act
Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act
Canadian Transportation Accident Investigation and Safety Board Act
Hibernia Development Project Act
Public Sector Compensation Act
Transportation of Dangerous Goods Act, 1992
Yukon Surface Rights Board Act
Mackenzie Valley Resource Management Act
Yukon Act
Nunavut Waters and Nunavut Surface Rights Tribunal Act
Species at Risk Act
Yukon Environmental and Socio-economic Assessment Act
First Nations Oil and Gas and Moneys Management Act
Environmental Penalties Act
Bridge To Strengthen Trade Act
Nunavut Planning and Project Assessment Act
Northwest Territories Devolution Act
Northwest Territories Act
Replacement of “Navigation Protection Act”
Replacement of “Navigable Waters Protection Act”
Replacement of “Canadian Environmental Assessment Act, 2012”
Violations
Administrative
Monetary
Terminology
Coordinating Amendments 189
2002, c. 7
2014, c. 2
2015, c. 4
Bill C-49
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Bill C-64
Coming into Force 196
Order in council
SCHEDULE SCHEDULE 1 SCHEDULE 2 SCHEDULE 3 SCHEDULE 4
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64-65-66-67-68 ELIZABETH II
CHAPTER 28
An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts [Assented to 21st June, 2019] Preamble Whereas the Government of Canada is committed to implementing an impact assessment and regulatory system that Canadians trust and that provides safeguards to protect the environment and the health and safety of Canadians;
Whereas the Government of Canada is committed to enhancing Canada’s global competitiveness by building a system that enables decisions to be made in a predictable and timely manner, providing certainty to investors and stakeholders, driving innovation and enabling the carrying out of sound projects that create jobs for Canadians; Whereas the Government of Canada is committed to achieving reconciliation with First Nations, the Métis and the Inuit through renewed nation-to-nation, government-to-government and Inuit-Crown relationships based on recognition of rights, respect, co-operation and partnership; Whereas the Government of Canada is committed to using transparent processes that are built on early engagement and inclusive participation and under which the best available scientific information and data and the Indigenous knowledge of the Indigenous peoples of Canada are taken into account in decision-making; And whereas the Government of Canada is committed to assessing how groups of women, men and gender-diverse people may experience policies, programs and projects and to taking actions that contribute to an inclusive and democratic society and allow all Canadians to participate fully in all spheres of their lives;
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Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
PART 1
Impact Assessment Act Enactment of Act Enactment 1 The Impact Assessment Act, whose Schedules 1
to 4 are set out in the schedule to this Act, is enacted as follows: An Act respecting a federal process for impact assessments and the prevention of significant adverse environmental effects Preamble Whereas the Government of Canada is committed to fostering sustainability;
Whereas the Government of Canada recognizes that impact assessments provide an effective means of integrating scientific information and Indigenous knowledge into decision-making processes related to designated projects; Whereas the Government of Canada recognizes the importance of public participation in the impact assessment process, including the planning phase, and is committed to providing Canadians with the opportunity to participate in that process and with the information they need in order to be able to participate in a meaningful way; Whereas the Government of Canada recognizes that the public should have access to the reasons on which decisions related to impact assessments are based; Whereas the Government of Canada is committed, in the course of exercising its powers and performing its duties and functions in relation to impact, regional and strategic assessments, to ensuring respect for the rights of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982, and to fostering reconciliation and working in partnership with them; Whereas the Government of Canada is committed to implementing the United Nations Declaration on the Rights of Indigenous Peoples; Whereas the Government of Canada recognizes the importance of cooperating with jurisdictions that
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have powers, duties and functions in relation to the assessment of the effects of designated projects in order that impact assessments may be conducted more efficiently; Whereas the Government of Canada recognizes that a transparent, efficient and timely decision-making process contributes to a positive investment climate in Canada; Whereas the Government of Canada recognizes that impact assessment contributes to Canada’s ability to meet its environmental obligations and its commitments in respect of climate change; Whereas the Government of Canada recognizes the importance of encouraging innovative approaches and technologies to reduce adverse changes to the environment and to health, social or economic conditions; And whereas the Government of Canada recognizes the importance of regional assessments in understanding the effects of existing or future physical activities and the importance of strategic assessments in assessing federal policies, plans or programs that are relevant to conducting impact assessments; Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Short Title Short title 1 This Act may be cited as the Impact Assessment Act.
Interpretation Definitions 2 The following definitions apply in this Act.
Agency means the Impact Assessment Agency of Canada that is continued under section 153. (Agence) analyst means a person or a member of a class of persons designated as an analyst under subsection 120(1). (analyste) assessment by a review panel means an impact assessment that is conducted by a review panel. (examen par une commission) Canadian Energy Regulator means the Canadian Energy Regulator established by subsection 10(1) of the Canadian Energy Regulator Act. (Régie canadienne de l’énergie)
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Canadian Nuclear Safety Commission means the Canadian Nuclear Safety Commission established by section 8 of the Nuclear Safety and Control Act. (Commission canadienne de sûreté nucléaire) designated project means one or more physical activities that (a) are carried out in Canada or on federal lands; and (b) are designated by regulations made under paragraph 109(b) or designated in an order made by the Minister under subsection 9(1). It includes any physical activity that is incidental to those physical activities, but it does not include a physical activity designated by regulations made under paragraph 112(1)(a.2). (projet désigné) direct or incidental effects means effects that are directly linked or necessarily incidental to a federal authority’s exercise of a power or performance of a duty or function that would permit the carrying out, in whole or in part, of a physical activity or designated project, or to a federal authority’s provision of financial assistance to a person for the purpose of enabling that activity or project to be carried out, in whole or in part. (effets directs ou accessoires) effects means, unless the context requires otherwise, changes to the environment or to health, social or economic conditions and the positive and negative consequences of these changes. (effets) effects within federal jurisdiction means, with respect to a physical activity or a designated project, (a) a change to the following components of the environment that are within the legislative authority of Parliament: (i) fish and fish habitat, as defined in subsection 2(1) of the Fisheries Act, (ii) aquatic species, as defined in subsection 2(1) of the Species at Risk Act, (iii) migratory birds, as defined in subsection 2(1) of the Migratory Birds Convention Act, 1994, and (iv) any other component of the environment that is set out in Schedule 3; (b) a change to the environment that would occur (i) on federal lands,
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(ii) in a province other than the one where the physical activity or the designated project is being carried out, or (iii) outside Canada; (c) with respect to the Indigenous peoples of Canada,
an impact — occurring in Canada and resulting from any change to the environment — on (i) physical and cultural heritage, (ii) the current use of lands and resources for traditional purposes, or (iii) any structure, site or thing that is of historical, archaeological, paleontological or architectural significance; (d) any change occurring in Canada to the health, social or economic conditions of the Indigenous peoples of Canada; and (e) any change to a health, social or economic matter that is within the legislative authority of Parliament that is set out in Schedule 3. (effet relevant d’un domaine de compétence fédérale)
enforcement officer means a person or a member of a class of persons designated as an enforcement officer under subsection 120(1). (agent de l’autorité) environment means the components of the Earth, and includes (a) land, water and air, including all layers of the atmosphere; (b) all organic and inorganic matter and living organisms; and (c) the interacting natural systems that include components referred to in paragraphs (a) and (b). (environnement) federal authority means (a) a Minister of the Crown in right of Canada; (b) an agency of the Government of Canada or a parent Crown corporation, as defined in subsection 83(1) of the Financial Administration Act, or any other body established by or under an Act of Parliament that is ultimately accountable through a Minister of the Crown in right of Canada to Parliament for the conduct of its affairs;
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(c) any department or departmental corporation that is set out in Schedule I, I.1 or II to the Financial Administration Act; and (d) any other body that is set out in Schedule 1.
It does not include the Executive Council of — or a minister, department, agency or body of the government of — Yukon, the Northwest Territories or Nunavut, a council of the band within the meaning of the Indian Act, Export Development Canada or the Canada Pension Plan Investment Board. It also does not include a Crown corporation, as defined in subsection 83(1) of the Financial Administration Act, that is a wholly-owned subsidiary, as defined in that subsection, a harbour commission established under the Harbour Commissions Act or a not-for-profit corporation that enters into an agreement under subsection 80(5) of the Canada Marine Act, that is not set out in Schedule 1. (autorité fédérale) federal lands means (a) lands that belong to Her Majesty in right of
Canada, or that Her Majesty in right of Canada has the power to dispose of, and all waters on and airspace above those lands, other than lands under the administration and control of the Commissioner of Yukon, the Northwest Territories or Nunavut; (b) the following lands and areas: (i) the internal waters of Canada, in any area of the
sea not within a province, (ii) the territorial sea of Canada, in any area of the sea not within a province, (iii) the exclusive economic zone of Canada, and (iv) the continental shelf of Canada; and (c) reserves, surrendered lands and any other lands
that are set apart for the use and benefit of a band and that are subject to the Indian Act, and all waters on and airspace above those reserves or lands. (territoire domanial) follow-up program means a program for verifying the accuracy of the impact assessment of a designated project and determining the effectiveness of any mitigation measures. (programme de suivi) impact assessment means an assessment of the effects of a designated project that is conducted in accordance with this Act. (évaluation d’impact)
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Indigenous governing body means a council, government or other entity that is authorized to act on behalf of an Indigenous group, community or people that holds rights recognized and affirmed by section 35 of the Constitution Act, 1982. (corps dirigeant autochtone) Indigenous knowledge means the Indigenous knowledge of the Indigenous peoples of Canada. (connaissances autochtones) Indigenous peoples of Canada has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982. (peuples autochtones du Canada) Internet site means the Internet site that is established under section 105. (site Internet) jurisdiction means (a) a federal authority; (b) any agency or body that is established under an
Act of Parliament and that has powers, duties or functions in relation to an assessment of the environmental effects of a designated project; (c) the government of a province; (d) any agency or body that is established under an
Act of the legislature of a province and that has powers, duties or functions in relation to an assessment of the environmental effects of a designated project; (e) any body — including a co-management body —
established under a land claim agreement referred to in section 35 of the Constitution Act, 1982 and that has powers, duties or functions in relation to an assessment of the environmental effects of a designated project; (f) an Indigenous governing body that has powers, duties or functions in relation to an assessment of the environmental effects of a designated project (i) under a land claim agreement referred to in section 35 of the Constitution Act, 1982, or (ii) under an Act of Parliament other than this Act or under an Act of the legislature of a province, including a law that implements a self-government agreement; (g) an Indigenous governing body that has entered into an agreement or arrangement referred to in paragraph 114(1)(e);
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(h) a government of a foreign state or of a subdivision
of a foreign state, or any institution of such a government; and (i) an international organization of states or any institution of such an organization. (instance) Minister means the Minister of the Environment. (ministre) mitigation measures means measures to eliminate, reduce, control or offset the adverse effects of a project or designated project, and includes restitution for any damage caused by those effects through replacement, restoration, compensation or any other means. (mesures d’atténuation) prescribed means prescribed by the regulations. (Version anglaise seulement) proponent means the person or entity — federal authority, government or body — that proposes the carrying out of, or carries out, a designated project. (promoteur) record includes any correspondence, memorandum, book, plan, map, drawing, diagram, pictorial or graphic work, photograph, film, microform, sound recording, videotape and machine readable record, and any other documentary material, regardless of physical form or characteristics, and any copy of it. (document) Registry means the Canadian Impact Assessment Registry established under section 104. (registre) review panel means a review panel established (a) under section 41; (b) under subsection 44(1); (c) under subsection 47(1); (d) under an agreement or arrangement entered into
under subsection 39(1) or (3); or (e) by document referred to in subsection 40(2).
(commission) sustainability means the ability to protect the environment, contribute to the social and economic well-being of the people of Canada and preserve their health in a manner that benefits present and future generations. (durabilité)
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Rights of Indigenous peoples of Canada 3 For greater certainty, nothing in this Act is to be construed as abrogating or derogating from the protection provided for the rights of the Indigenous peoples of Canada by the recognition and affirmation of those rights in section 35 of the Constitution Act, 1982.
Application Non-application 4 This Act does not apply in respect of physical activities
to be carried out wholly within lands described in Schedule 2.
Her Majesty Binding on Her Majesty 5 This Act is binding on Her Majesty in right of Canada or a province.
Purposes Purposes 6 (1) The purposes of this Act are (a) to foster sustainability; (b) to protect the components of the environment, and the health, social and economic conditions that are within the legislative authority of Parliament from adverse effects caused by a designated project; (b.1) to establish a fair, predictable and efficient process for conducting impact assessments that enhances Canada’s competitiveness, encourages innovation in the carrying out of designated projects and creates opportunities for sustainable economic development; (c) to ensure that impact assessments of designated projects take into account all effects — both positive and adverse — that may be caused by the carrying out of designated projects; (d) to ensure that designated projects that require the exercise of a power or performance of a duty or function by a federal authority under any Act of Parliament other than this Act to be carried out, are considered in a careful and precautionary manner to avoid adverse effects within federal jurisdiction and adverse direct or incidental effects; (e) to promote cooperation and coordinated action
between federal and provincial governments — while
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respecting the legislative competence of each — and the federal government and Indigenous governing bodies that are jurisdictions, with respect to impact assessments; (f) to promote communication and cooperation with Indigenous peoples of Canada with respect to impact assessments; (g) to ensure respect for the rights of the Indigenous
peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982, in the course of impact assessments and decision-making under this Act; (h) to ensure that opportunities are provided for meaningful public participation during an impact assessment, a regional assessment or a strategic assessment; (i) to ensure that an impact assessment is completed
in a timely manner; (j) to ensure that an impact assessment takes into account scientific information, Indigenous knowledge and community knowledge; (k) to ensure that an impact assessment takes into account alternative means of carrying out a designated project, including through the use of best available technologies; (l) to ensure that projects, as defined in section 81,
that are to be carried out on federal lands, or those that are outside Canada and that are to be carried out or financially supported by a federal authority, are considered in a careful and precautionary manner to avoid significant adverse environmental effects; (m) to encourage the assessment of the cumulative effects of physical activities in a region and the assessment of federal policies, plans or programs and the consideration of those assessments in impact assessments; and (n) to encourage improvements to impact assessments through the use of follow-up programs.
Mandate (2) The Government of Canada, the Minister, the Agency
and federal authorities, in the administration of this Act, must exercise their powers in a manner that fosters
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sustainability, respects the Government’s commitments with respect to the rights of the Indigenous peoples of Canada and applies the precautionary principle. Application of principles to powers (3) The Government of Canada, the Minister, the Agency and federal authorities must, in the administration of this Act, exercise their powers in a manner that adheres to the principles of scientific integrity, honesty, objectivity, thoroughness and accuracy.
Prohibitions Proponent 7 (1) Subject to subsection (3), the proponent of a designated project must not do any act or thing in connection with the carrying out of the designated project, in whole or in part, if that act or thing may cause any of the following effects: (a) a change to the following components of the environment that are within the legislative authority of Parliament: (i) fish and fish habitat, as defined in subsection 2(1) of the Fisheries Act, (ii) aquatic species, as defined in subsection 2(1) of the Species at Risk Act, (iii) migratory birds, as defined in subsection 2(1) of the Migratory Birds Convention Act, 1994, and (iv) any other component of the environment that is set out in Schedule 3; (b) a change to the environment that would occur (i) on federal lands, (ii) in a province other than the one in which the
act or thing is done, or (iii) outside Canada; (c) with respect to the Indigenous peoples of Canada, an impact — occurring in Canada and resulting from any change to the environment — on (i) physical and cultural heritage, (ii) the current use of lands and resources for traditional purposes, or
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(iii) any structure, site or thing that is of historical, archaeological, paleontological or architectural significance; (d) any change occurring in Canada to the health, social or economic conditions of the Indigenous peoples of Canada; or (e) any change to a health, social or economic matter within the legislative authority of Parliament that is set out in Schedule 3.
Schedule 3 (2) The Governor in Council may, by order, amend
Schedule 3 to add or remove a component of the environment or a health, social or economic matter.
Conditions (3) The proponent of a designated project may do an act or thing in connection with the carrying out of the designated project, in whole or in part, that may cause any of the effects described in subsection (1) if (a) the Agency makes a decision under subsection
16(1) that no impact assessment of the designated project is required and posts that decision on the Internet site; (b) the proponent complies with the conditions included in the decision statement that is issued to the proponent under section 65 with respect to that designated project and is not expired or revoked; or (c) the Agency permits the proponent to do that act or
thing, subject to any conditions that it establishes, for the purpose of providing to the Agency the information or details that it requires in order to prepare for a possible impact assessment of that designated project or for the purpose of providing to the Agency or a review panel the information or studies that it considers necessary for it to conduct the impact assessment of that designated project. Conditions — agreement with Indigenous governing body (4) Despite paragraph (1)(d), the proponent of a designated project may do an act or thing in connection with the carrying out of the designated project, in whole or in part, that may cause a change described in that paragraph in relation to an Indigenous group, community or people that holds rights recognized and affirmed by section 35 of the Constitution Act, 1982 if the change is not adverse and the council, government or other entity that is authorized to act on behalf of the Indigenous group,
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community or people and the proponent have agreed that the act or thing may be done. Federal authority 8 A federal authority must not exercise any power or
perform any duty or function conferred on it under any Act of Parliament other than this Act that could permit a designated project to be carried out in whole or in part and must not provide financial assistance to any person for the purpose of enabling that designated project to be carried out, in whole or in part, unless (a) the Agency makes a decision under subsection
16(1) that no impact assessment of the designated project is required and posts that decision on the Internet site; or (b) the decision statement with respect to the designated project that is issued to the proponent of the designated project under section 65 sets out that the effects that are indicated in the report with respect to the impact assessment of that project are in the public interest.
Designation of Physical Activity Minister’s power to designate 9 (1) The Minister may, on request or on his or her own initiative, by order, designate a physical activity that is not prescribed by regulations made under paragraph 109(b) if, in his or her opinion, either the carrying out of that physical activity may cause adverse effects within federal jurisdiction or adverse direct or incidental effects, or public concerns related to those effects warrant the designation.
Factors to be taken into account (2) Before making the order, the Minister may consider adverse impacts that a physical activity may have on the rights of the Indigenous peoples of Canada — including Indigenous women — recognized and affirmed by section 35 of the Constitution Act, 1982 as well as any relevant assessment referred to in section 92, 93 or 95.
Agency’s power to require information (3) The Agency may require any person or entity to provide information with respect to any physical activity that can be designated under subsection (1).
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Minister’s response — time limit (4) The Minister must respond, with reasons, to a request referred to in subsection (1) within 90 days after the day on which it is received. The Minister must ensure that his or her response is posted on the Internet site. Suspending time limit (5) The Agency may suspend the time limit for responding to the request until any activity that is prescribed by regulations made under paragraph 112(1)(c) is completed. If the Agency suspends the time limit, it must post on the Internet site a notice that sets out its reasons for doing so.
Notice posted on Internet site (6) When the Agency is of the opinion that the prescribed activity is completed, it must post a notice to that effect on the Internet site. Limitation (7) The Minister must not make the designation referred
to in subsection (1) if (a) the carrying out of the physical activity has substantially begun; or (b) a federal authority has exercised a power or performed a duty or function conferred on it under any Act of Parliament other than this Act that could permit the physical activity to be carried out, in whole or in part.
Posting of notice of order on Internet site (8) The Agency must post on the Internet site a copy of
the order made under subsection (1).
Planning Phase Obligations Proponent’s obligation — description of designated project 10 (1) The proponent of a designated project must provide the Agency with an initial description of the project that includes the information prescribed by regulations made under paragraph 112(1)(a).
Copy posted on Internet site (2) The Agency must post a copy of the description on the Internet site.
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Public participation 11 The Agency must ensure that the public is provided with an opportunity to participate meaningfully, in a manner that the Agency considers appropriate, in its preparations for a possible impact assessment of a designated project, including by inviting the public to provide comments within the period that it specifies.
Agency’s obligation — offer to consult 12 For the purpose of preparing for a possible impact assessment of a designated project, the Agency must offer to consult with any jurisdiction that has powers, duties or functions in relation to an assessment of the environmental effects of the designated project and any Indigenous group that may be affected by the carrying out of the designated project. Federal authority’s obligation 13 (1) Every federal authority that is in possession of specialist or expert information or knowledge with respect to a designated project that is the subject of the Agency’s preparations must, on the Agency’s request and within the period that it specifies, make that information or knowledge available to the Agency.
Engaging proponent (2) Every federal authority that has powers, duties or
functions conferred on it under any Act of Parliament other than this Act with respect to a designated project that is the subject of the Agency’s preparations — including the Canadian Energy Regulator, the Canadian Nuclear Safety Commission, the Canada-Nova Scotia Offshore Petroleum Board and the Canada–Newfoundland and Labrador Offshore Petroleum Board — must, on the Agency’s request, engage the proponent of the designated project in order that the federal authority may specify to the proponent the information, if any, that it may require in order to exercise those powers or perform those duties or functions. Agency’s obligation — summary of issues 14 (1) The Agency must provide the proponent of a designated project with a summary of issues with respect to that project that it considers relevant, including issues that are raised by the public or by any jurisdiction or Indigenous group that is consulted under section 12, and with any information or knowledge made available to it by a federal authority that the Agency considers appropriate. Copy posted on Internet site (2) The Agency must post on the Internet site a copy of the summary of issues that it provided to the proponent.
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Proponent’s obligation — notice 15 (1) The proponent must provide the Agency with a notice that sets out, in accordance with the regulations, how it intends to address the issues referred to in section 14 and a detailed description of the designated project that includes the information prescribed by regulations made under paragraph 112(1)(a).
Additional information (2) If, after receiving the notice from the proponent, the
Agency is of the opinion that a decision cannot be made under subsection 16(1) because the description or the prescribed information set out in the notice is incomplete or does not contain sufficient details, the Agency may require the proponent to provide an amended notice that includes the information or details that the Agency specifies. Copy posted on Internet site (3) When the Agency is satisfied that the notice includes
all of the information or details that it specified, it must post a copy of the notice on the Internet site.
Decisions Regarding Impact Assessments Agency’s Decision Decision 16 (1) After posting a copy of the notice on the Internet
site under subsection 15(3), the Agency must decide whether an impact assessment of the designated project is required. Factors (2) In making its decision, the Agency must take into account the following factors: (a) the description referred to in section 10 and any notice referred to in section 15; (b) the possibility that the carrying out of the designated project may cause adverse effects within federal jurisdiction or adverse direct or incidental effects; (c) any adverse impact that the designated project
may have on the rights of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982; (d) any comments received within the time period
specified by the Agency from the public and from any
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jurisdiction or Indigenous group that is consulted under section 12; (e) any relevant assessment referred to in section 92,
93 or 95; (f) any study that is conducted or plan that is prepared by a jurisdiction — in respect of a region that is related to the designated project — and that has been provided to the Agency; and (g) any other factor that the Agency considers relevant. Posting notice on Internet site (3) The Agency must post a notice of its decision and the
reasons for it on the Internet site.
Minister’s Notice Minister’s obligation 17 (1) If, before the Agency provides the proponent of a
designated project with a notice of the commencement of the impact assessment of the designated project under subsection 18(1), a federal authority advises the Minister that it will not be exercising a power conferred on it under an Act of Parliament other than this Act that must be exercised for the project to be carried out in whole or in part, or the Minister is of the opinion that it is clear that the designated project would cause unacceptable environmental effects within federal jurisdiction, the Minister must provide the proponent with a written notice that he or she has been so advised or is of that opinion. The written notice must set out the reasons why the federal authority will not exercise its power or the basis for the Minister’s opinion. Copy posted on Internet site (2) The Agency must post a copy of the notice on the Internet site.
Information Gathering Notice of commencement 18 (1) If the Agency decides that an impact assessment
of a designated project is required — and the Minister does not approve the substitution of a process under section 31 in respect of the designated project — the Agency must, within 180 days after the day on which it posts a copy of the description of the designated project under subsection 10(2), provide the proponent of that project with
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(a) a notice of the commencement of the impact assessment of the project that sets out the information or studies that the Agency requires from the proponent and considers necessary for the conduct of the impact assessment; and (b) any documents that are prescribed by regulations made under paragraph 112(1)(a), including tailored guidelines regarding the information or studies referred to in paragraph (a) and plans for cooperation with other jurisdictions, for engagement and partnership with the Indigenous peoples of Canada, for public participation and for the issuance of permits.
Factors to consider — information or studies (1.1) The Agency must take into account the factors set
out in subsection 22(1) in determining what information or which studies it considers necessary for the conduct of the impact assessment. Scope of factors (1.2) The scope of the factors referred to in paragraphs
22(1)(a) to (f), (h) to (l) and (s) and (t) that are to be taken into account under subsection (1.1) and set out in the tailored guidelines referred to in paragraph (1)(b), including the extent of their relevance to the impact assessment, is determined by the Agency.
Copy posted on Internet site (2) The Agency must post a copy of the notice of the commencement of the impact assessment on the Internet site.
Extension of time limit (3) The Agency may, on request of any jurisdiction referred to in paragraphs (c) to (g) of the definition jurisdiction in section 2, extend the time limit referred to in subsection (1) by any period up to a maximum of 90 days, to allow it to cooperate with that jurisdiction with respect to the Agency’s obligations under subsection (1).
Posting notice on Internet site (4) The Agency must post a notice of any extension
granted under subsection (3), including the reasons for granting it, on the Internet site. Suspending time limit (5) The Agency may suspend the time limit within which
it must provide the notice of the commencement of the impact assessment until any activity that is prescribed by regulations made under paragraph 112(1)(c) is completed. If the Agency suspends the time limit, it must post on
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the Internet site a notice that sets out its reasons for doing so. Notice posted on Internet site (6) When the Agency is of the opinion that the prescribed activity is completed, it must post a notice to that effect on the Internet site. Time limit for information or studies 19 (1) The proponent of a designated project must provide the Agency with the information or studies that are set out in the notice of the commencement of the impact assessment of the designated project within three years after the day on which a copy of that notice is posted on the Internet site.
Extension of time limit (2) On the proponent’s request, the Agency may extend
the time limit by any period that is necessary for the proponent to provide the Agency with the information or studies. Additional information or studies (3) If the Agency extends the time limit, it may require the proponent to provide it with any additional information or studies that the Agency considers necessary for it to conduct the impact assessment.
Notice posted on Internet site (4) When the Agency is satisfied that the proponent has
provided it with all of the information or studies, it must post a notice of that determination on the Internet site. Termination of impact assessment 20 (1) If the proponent does not provide the Agency
with the information or studies within the time limit referred to in subsection 19(1), or within any extension of that time limit, the impact assessment is terminated. Notice posted on Internet site (2) The Agency must post a notice on the Internet site indicating that the impact assessment is terminated.
Impact Assessments Consultation and Cooperation with Certain Jurisdictions Agency’s or Minister’s obligations 21 The Agency — or the Minister if the impact assessment of the designated project has been referred to a
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review panel — must offer to consult and cooperate with respect to the impact assessment of the designated project with (a) any jurisdiction referred to in paragraph (a) of the definition jurisdiction in section 2 if the jurisdiction has powers, duties or functions in relation to an assessment of the environmental effects of a designated project that includes activities that are regulated under the Canada Oil and Gas Operations Act, the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act, the Canada-Newfoundland and Labrador Atlantic Accord Implementation Act or the Canada Transportation Act; and (b) any jurisdiction referred to in paragraphs (c) to (i) of that definition if the jurisdiction has powers, duties or functions in relation to an assessment of the environmental effects of the designated project.
Factors To Be Considered Factors — impact assessment 22 (1) The impact assessment of a designated project,
whether it is conducted by the Agency or a review panel, must take into account the following factors: (a) the changes to the environment or to health, social
or economic conditions and the positive and negative consequences of these changes that are likely to be caused by the carrying out of the designated project, including (i) the effects of malfunctions or accidents that may
occur in connection with the designated project, (ii) any cumulative effects that are likely to result
from the designated project in combination with other physical activities that have been or will be carried out, and (iii) the result of any interaction between those effects; (b) mitigation measures that are technically and economically feasible and that would mitigate any adverse effects of the designated project; (c) the impact that the designated project may have
on any Indigenous group and any adverse impact that the designated project may have on the rights of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982; (d) the purpose of and need for the designated
project;
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(e) alternative means of carrying out the designated
project that are technically and economically feasible, including through the use of best available technologies, and the effects of those means; (f) any alternatives to the designated project that are
technically and economically feasible and are directly related to the designated project; (g) Indigenous knowledge provided with respect to
the designated project; (h) the extent to which the designated project contributes to sustainability; (i) the extent to which the effects of the designated
project hinder or contribute to the Government of Canada’s ability to meet its environmental obligations and its commitments in respect of climate change; (j) any change to the designated project that may be caused by the environment; (k) the requirements of the follow-up program in respect of the designated project; (l) considerations
related to Indigenous cultures raised with respect to the designated project;
(m) community knowledge provided with respect to the designated project; (n) comments received from the public; (o) comments from a jurisdiction that are received in the course of consultations conducted under section 21; (p) any relevant assessment referred to in section 92,
93 or 95; (q) any assessment of the effects of the designated
project that is conducted by or on behalf of an Indigenous governing body and that is provided with respect to the designated project; (r) any study or plan that is conducted or prepared by a jurisdiction — or an Indigenous governing body not referred to in paragraph (f) or (g) of the definition jurisdiction in section 2 — that is in respect of a region related to the designated project and that has been provided with respect to the project; (s) the intersection of sex and gender with other identity factors; and
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(t) any other matter relevant to the impact assessment
that the Agency requires to be taken into account. Scope of factors (2) The Agency’s determination of the scope of the factors made under subsection 18(1.2) applies when those factors are taken into account under subsection (1).
Federal Authority’s Obligation Specialist or expert information 23 Every federal authority that is in possession of specialist or expert information or knowledge with respect to a designated project that is subject to an impact assessment must, on request, make that information or knowledge available, within the specified period, to (a) the Agency; (b) the review panel; and (c) a government, an agency or body, or a jurisdiction
that conducts an assessment of the designated project under a substituted process approved under section 31.
Impact Assessment by Agency General Rules Application only when no referral to review panel 24 Sections 25 to 29 cease to apply to a designated project if the impact assessment of the project is referred by the Minister to a review panel.
Agency’s obligations 25 The Agency must ensure that (a) an impact assessment of the designated project is conducted; and (b) a report is prepared with respect to that impact assessment.
Information 26 (1) The Agency may, when conducting the impact assessment of a designated project and preparing the report with respect to that impact assessment, use any information that is available to it.
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Studies and collection of information (2) However, if the Agency is of the opinion that there is
not sufficient information available to it for the purpose of conducting the impact assessment or preparing the report with respect to the impact assessment, it may require the collection of any information or the undertaking of any study that, in the Agency’s opinion, is necessary for that purpose, including requiring the proponent to collect that information or undertake that study. Public participation 27 The Agency must ensure that the public is provided
with an opportunity to participate meaningfully, in a manner that the Agency considers appropriate, within the time period specified by the Agency, in the impact assessment of a designated project. Public notice in certain cases — draft report 28 (1) The Agency must ensure that a draft report with
respect to the impact assessment of a designated project is prepared, and must ensure that the following are posted on the Internet site: (a) a copy of the draft report or an indication of how a
copy may be obtained; and (b) a notice that invites the public to provide comments on the draft report within the period specified. Final report submitted to Minister (2) After taking into account any comments received from the public, the Agency must, subject to subsection (5), finalize the report with respect to the impact assessment of the designated project and submit it to the Minister no later than 300 days after the day on which the notice referred to in subsection 19(4) is posted on the Internet site.
Effects set out in report (3) The report must set out the effects that, in the Agency’s opinion, are likely to be caused by the carrying out of the designated project. It must also indicate, from among the effects set out in the report, those that are adverse effects within federal jurisdiction and those that are adverse direct or incidental effects, and specify the extent to which those effects are significant.
Report — Indigenous knowledge (3.1) Subject to section 119, the report must set out how
the Agency, in determining the effects that are likely to be caused by the carrying out of the designated project, took into account and used any Indigenous knowledge provided with respect to the designated project.
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Report — additional content (3.2) The report must also set out a summary of any
comments received from the public, as well as the Agency’s recommendations with respect to any mitigation measures and follow-up program and the Agency’s rationale and conclusions. Copy posted on Internet site (4) A copy of the report or a summary of the report and
an indication of how a copy of the report may be obtained must be posted on the Internet site on the day on which the report is submitted to the Minister. Time limit established by Agency — designated project (5) Before the commencement of the impact assessment, the Agency may establish (a) a longer time limit than the time limit referred to in subsection (2) to allow the Agency to cooperate with a jurisdiction referred to in section 21 with respect to the impact assessment of the designated project or to take into account circumstances that are specific to that project; or (b) a shorter time limit than the time limit referred to
in subsection (2), for any reason that the Agency considers appropriate. Extension of time limit by Minister (6) The Minister may extend the time limit referred to in subsection (2) or any time limit established under subsection (5) by any period — up to a maximum of 90 days — that is necessary to permit the Agency to cooperate with a jurisdiction referred to in section 21 or to take into account circumstances that are specific to the designated project.
Extension of time limit by Governor in Council (7) The Governor in Council may, on the recommendation of the Minister, extend the time limit extended under subsection (6) any number of times. Posting notices on Internet site (8) The Agency must post on the Internet site a notice of
the time limit established under subsection (5) and of any extension granted under this section, including the reasons for establishing that time limit or for granting that extension. Suspending time limit (9) The Agency may suspend the time limit within which it must submit the report until any activity that is prescribed by a regulation made under paragraph 112(1)(c)
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is completed. If the Agency suspends the time limit, it must post on the Internet site a notice that sets out its reasons for doing so. Notice posted on Internet site (10) When the Agency is of the opinion that the prescribed activity is completed, it must post a notice to that effect on the Internet site.
Delegation 29 The Agency may delegate to any person, body or jurisdiction referred to in paragraphs (a) to (g) of the definition jurisdiction in section 2 the carrying out of any part of the impact assessment of the designated project and the preparation of the report with respect to the impact assessment of the designated project. Non-disclosure 30 (1) If the Agency is satisfied that the disclosure of evidence, records or other things would cause specific, direct and substantial harm to a person or Indigenous group, the evidence, records or things are privileged and even if their disclosure is authorized under subsection 119(2) must not, without the authorization of the person or Indigenous group, knowingly be, or be permitted to be, disclosed by any person who has obtained the evidence, records or other things under this Act.
Non-disclosure (2) If the Agency is satisfied that the disclosure of evidence, records or other things would cause specific harm to the environment, the evidence, records or things are privileged and must not, without the Agency’s authorization, knowingly be, or be permitted to be, disclosed by any person who has obtained the evidence, records or other things under this Act.
Substitution Minister’s power 31 (1) Subject to sections 32 and 33, if the Minister is of the opinion that a process for assessing the effects of designated projects that is followed by a jurisdiction referred to in any of paragraphs (c) to (g) of the definition jurisdiction in section 2, that has powers, duties or functions in relation to an assessment of the effects of a designated project would be an appropriate substitute, the Minister may, on request of the jurisdiction and before the expiry of the time limit referred to in subsection 18(1), or any extension of that time limit, approve the substitution of that process for the impact assessment.
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Notice inviting public comments (2) When the Minister receives a request for substitution, the Agency must post the request on the Internet site as well as a notice that invites the public to provide comments respecting the substitution within 30 days after the day on which the notice is posted. Minister must consider public comments (3) The Minister must consider any comments received from the public in deciding whether to approve the substitution.
Posting of Minister’s decision on Internet site (4) The Agency must post a notice of the Minister’s decision with respect to the request for substitution and the reasons for it on the Internet site.
Exceptions 32 The Minister must not approve the substitution of a process in relation to a designated project (a) the impact assessment of which has been referred
by the Minister to a review panel; or (b) that includes activities that are regulated under
the Canada Oil and Gas Operations Act, the CanadaNova Scotia Offshore Petroleum Resources Accord Implementation Act, the Canada-Newfoundland and Labrador Atlantic Accord Implementation Act or the Canada Transportation Act. Conditions 33 (1) The Minister may only approve a substitution if he or she is satisfied that (a) the process to be substituted will include a consideration of the factors set out in subsection 22(1); (b) federal authorities that are in possession of relevant specialist or expert information or knowledge will be given an opportunity to participate in the assessment; (c) the jurisdiction that is following the process to be substituted has the ability to enter into an arrangement with any jurisdiction referred to in paragraphs (e) to (g) of the definition jurisdiction in section 2 respecting cooperation between those jurisdictions in the conduct of the assessment; (d) the process to be substituted will include consultations with any Indigenous group that may be affected by the carrying out of the designated project;
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(e) the public will be given an opportunity to participate meaningfully in the assessment and to provide comments on a draft report; (f) the public will have access to records in relation to
the assessment to enable its meaningful participation; (g) at the end of the assessment, a report will be submitted to the Minister; (h) the report will be made available to the public; and (i) any other conditions that the Minister establishes are or will be met.
Effects set out in report (2) The Minister must be satisfied that the report that
will be submitted to him or her will set out the effects that, in the opinion of the jurisdiction that is following the process to be substituted, are likely to be caused by the carrying out of the designated project. The Minister must also be satisfied that the report will indicate, from among the effects set out in it, those that are adverse effects within federal jurisdiction and those that are adverse direct or incidental effects, and specify the extent to which those effects are significant. Report — Indigenous knowledge (2.1) The Minister must be satisfied that the report that
will be submitted to him or her will set out how the jurisdiction that is following the process to be substituted, in determining the effects that are likely to be caused by the carrying out of the designated project, took into account and used any Indigenous knowledge provided with respect to the designated project. Approval (3) The Minister may also approve the substitution of a process that has already been completed for an impact assessment if he or she is satisfied that the conditions referred to in subsections (1) and (2) have been met.
Availability (4) The conditions referred to in paragraph (1)(i) must be made available to the public.
Assessment considered in conformity 34 If the Minister approves the substitution of a process
under section 31, the assessment that results from the substituted process is considered to be an impact assessment under this Act and to satisfy any requirements of this Act and the regulations in respect of an impact assessment.
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Additional information 35 If, after taking into account the report with respect to
the impact assessment of a designated project that is submitted to the Minister at the end of the assessment under the substituted process approved under section 31, the Agency is of the opinion that additional information is required for the purposes of subsection 60(1), it may require the proponent of the designated project to provide the additional information to the Minister or may make a request to the jurisdiction that followed the process to provide that information to the Minister.
Impact Assessment by a Review Panel General Rules Referral to review panel 36 (1) Within 45 days after the day on which the notice
of the commencement of the impact assessment of a designated project is posted on the Internet site, the Minister may, if he or she is of the opinion that it is in the public interest, refer the impact assessment to a review panel. Public interest (2) The Minister’s determination regarding whether the
referral of the impact assessment of the designated project to a review panel is in the public interest must include a consideration of the following factors: (a) the extent to which the effects within federal jurisdiction or the direct or incidental effects that the carrying out of the designated project may cause are adverse; (b) public concerns related to those effects; (c) opportunities for cooperation with any jurisdiction that has powers, duties or functions in relation to an assessment of the environmental effects of the designated project or any part of it; and (d) any adverse impact that the designated project may have on the rights of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982.
Suspending time limit (3) The Agency may suspend the time limit within which the Minister may refer an impact assessment to a review panel until any activity that is prescribed by regulations made under paragraph 112(1)(c) is completed. If the
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Agency suspends the time limit, it must post on the Internet site a notice that sets out its reasons for doing so. Notice posted on Internet site (4) When the Agency is of the opinion that the prescribed activity is completed, it must post a notice to that effect on the Internet site.
Posting notice on Internet site (5) The Agency must post on the Internet site a notice of any decision made by the Minister to refer the impact assessment of the designated project to a review panel, including the Minister’s reasons for making that decision.
Time limit 37 (1) If the Minister refers the impact assessment of a designated project to a review panel, the Agency must establish the following time limits: (a) the time limit, after the day on which the notice referred to in subsection 19(4) with respect to the designated project is posted on the Internet site, within which the review panel must submit a report with respect to that impact assessment to the Minister; and (b) the time limit, after the day on which the review
panel submits the report, within which the Agency must post its recommendations under subsection 55.1(2). Limit of 600 days (2) Subject to subsection (3), the total number of days for
the time limits established under subsection (1) must not exceed 600 unless the Agency is of the opinion that more time is required to allow the review panel to cooperate with a jurisdiction referred to in section 21 with respect to the impact assessment of the designated project or to take into account circumstances that are specific to that project. Extension of time limit by Minister (3) The Minister may extend the time limit established
under paragraph (1)(a) by any period — up to a maximum of 90 days — that is necessary to permit the review panel to cooperate with a jurisdiction referred to in section 21 or to take into account circumstances that are specific to the designated project. Extension of time limit by Governor in Council (4) The Governor in Council may, on the recommendation of the Minister, extend the time limit extended under subsection (3) any number of times.
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Posting notices on Internet site (5) The Agency must post the following items on the Internet site: (a) the Agency’s reasons for establishing the time limits under subsection (1); (b) a notice of any extension granted under subsection
(3), including the Minister’s reasons for granting that extension; and (c) a notice of any extension granted under subsection
(4). Suspending time limit (6) The Agency may suspend the time limit within which
the review panel must submit the report until any activity that is prescribed by regulations made under paragraph 112(1)(c) is completed. If the Agency suspends the time limit, it must post on the Internet site a notice that sets out its reasons for doing so. Notice posted on Internet site (7) When the Agency is of the opinion that the prescribed activity is completed, it must post a notice to that effect on the Internet site.
Time limit 37.1 (1) Despite section 37, if the review panel is to conduct an impact assessment of a designated project that includes physical activities that are regulated under any of the Acts referred to in section 43, the Agency must establish the following time limits: (a) the time limit, after the day on which the notice referred to in subsection 19(4) with respect to the designated project is posted on the Internet site, within which the review panel must submit a report with respect to that impact assessment to the Minister; and (b) the time limit, after the day on which the review
panel submits the report, within which the Agency must post its recommendations under subsection 55.1(2). Limit of 300 days (2) Subject to subsection (4), the total number of days for the time limits established under subsection (1) must not exceed 300. However, the total number of days may be up to 600 if the Agency is of the opinion that the review panel requires more time and it establishes those time limits before it posts a copy of the notice of the commencement of the impact assessment on the Internet site.
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Factors to consider (3) The Agency must take into consideration the factors set out in subsection 36(2) in establishing a time limit that exceeds 300 days.
Application (4) Subsections 37(3) to (7) apply, with any modifications that the circumstances require, with respect to a time limit established under this section.
Studies and collection of information 38 When the Minister refers the impact assessment of a designated project to a review panel, the Agency may, from the day on which the referral is made and until the day on which the panel is established, require the proponent of the designated project to collect any information or undertake any studies that, in the opinion of the Agency, are necessary for the impact assessment by the review panel.
Agreement to jointly establish review panel 39 (1) When the Minister refers the impact assessment
of a designated project to a review panel, he or she may enter into an agreement or arrangement with any jurisdiction referred to in paragraphs (a) to (g) of the definition jurisdiction in section 2 that has powers, duties or functions in relation to an assessment of the environmental effects of the designated project, respecting the joint establishment of a review panel and the manner in which the impact assessment of the designated project is to be conducted by that panel. Limitation (2) However, the Minister is not authorized to enter into an agreement or arrangement referred to in subsection (1) with (a) the Canadian Nuclear Safety Commission if the designated project includes physical activities that are regulated under the Nuclear Safety and Control Act; or (b) the Canadian Energy Regulator if the designated
project includes physical activities that are regulated under the Canadian Energy Regulator Act. Other jurisdiction (3) When the Minister refers the impact assessment of a designated project to a review panel, the Minister and the Minister of Foreign Affairs may enter into an agreement or arrangement with any jurisdiction referred to in paragraph (h) or (i) of the definition jurisdiction in section 2 that has powers, duties or functions in relation to an
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assessment of the environmental effects of the designated project respecting the joint establishment of a review panel and the manner in which the impact assessment of the designated project is to be conducted by that panel. Posting on Internet site (4) Any agreement or arrangement referred to in subsection (1) or (3) must be posted on the Internet site before the commencement of the hearings conducted by the jointly established review panel. Mackenzie Valley Resource Management Act 40 (1) When a proposal is referred to the Minister under paragraph 130(1)(c) of the Mackenzie Valley Resource Management Act, the Minister must refer the proposal to a review panel.
Document establishing review panel (2) When the Minister is required to refer the proposal to a review panel, he or she and the Mackenzie Valley Environmental Impact Review Board must, in writing, jointly establish a review panel and prescribe the manner of its examination of the impact of the proposal on the environment.
If no agreement (3) Despite subsection (2), if, in respect of a proposal referred to in subsection 138.1(1) of the Mackenzie Valley Resource Management Act, no agreement is entered into under that subsection within the period fixed by the regulations referred to in subsection 138.1(4) of that Act, an assessment by a review panel of the proposal must be conducted. Coordination with environmental impact review (4) The Minister must, to the extent possible, ensure that
any assessment of the proposal required by subsection (3) is coordinated with any environmental impact review of the proposal under the Mackenzie Valley Resource Management Act. Consultations (5) Before making a referral under section 61 in relation to the proposal referred to in subsection (4), the Minister must consult with the persons and bodies to whom a report concerning the proposal that is issued under subsection 134(2) of the Mackenzie Valley Resource Management Act is submitted or distributed under subsection 134(3) of that Act.
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Report taken into account (6) Before making its decision under section 62 in relation to the proposal, the Governor in Council must take into account any report referred to in subsection (5) and any information that the Minister provides to the Governor in Council following the consultations referred to in that subsection.
Posting on Internet site (7) Any document establishing a review panel under subsection (2) must be posted on the Internet site before the commencement of the hearings conducted by the jointly established review panel. Terms of reference and appointment of members 41 (1) If the impact assessment of a designated project
is referred to a review panel, the Minister must — within 45 days after the day on which the notice referred to in subsection 19(4) with respect to the designated project is posted on the Internet site — establish the panel’s terms of reference and the Agency must, within the same period, appoint as a member one or more persons who are unbiased and free from any conflict of interest relative to the designated project and who have knowledge or experience relevant to the designated project’s anticipated effects or have knowledge of the interests and concerns of the Indigenous peoples of Canada that are relevant to the assessment. Restriction (2) Subsection (1) is subject to the following sections: (a) section 42; (b) section 44; (c) section 47.
Provisions of agreement 42 When there is an agreement or arrangement to jointly establish a review panel under subsection 39(1) or (3), or when there is a document jointly establishing a review panel under subsection 40(2), the agreement, arrangement or document must provide that the impact assessment of the designated project includes a consideration of the factors set out in subsection 22(1) and is conducted in accordance with any additional requirements and procedures set out in it and provide that (a) the Minister must — within 45 days after the day
on which the notice referred to in subsection 19(4) with respect to the designated project is posted on the Internet site — establish or approve the review panel’s
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terms of reference, which are to include the time limit established under paragraph 37(1)(a); (b) the Minister may, at any time, modify the terms of
reference in order to reflect an extension of the time limit granted under subsection 37(3) or (4); (c) the Agency must — within 45 days after the day on
which the notice referred to in subsection 19(4) with respect to the designated project is posted on the Internet site — appoint the chairperson, or a co-chairperson, and at least one other member of the review panel; and (d) the members of the panel must be unbiased and
free from any conflict of interest relative to the designated project and must have knowledge or experience relevant to the designated project’s anticipated effects or have knowledge of the interests and concerns of the Indigenous peoples of Canada that are relevant to the assessment. Obligation to refer 43 The Minister must refer the impact assessment of a
designated project to a review panel if the project includes physical activities that are regulated under any of the following Acts: (a) the Nuclear Safety and Control Act; (b) the Canadian Energy Regulator Act.
Terms of reference — Nuclear Safety and Control Act 44 (1) When the Minister refers an impact assessment
of a designated project that includes activities regulated under the Nuclear Safety and Control Act to a review panel, the Minister must — within 45 days after the day on which the notice referred to in subsection 19(4) with respect to the designated project is posted on the Internet site — establish the panel’s terms of reference in consultation with the President of the Canadian Nuclear Safety Commission and the Agency must, within the same period, appoint the chairperson and at least two other members. Appointment of members (2) The persons appointed to the review panel under
subsection (1) must be unbiased and free from any conflict of interest relative to the designated project and must have knowledge or experience relevant to the designated project’s anticipated effects or have knowledge of the interests and concerns of the Indigenous peoples of Canada that are relevant to the assessment.
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Appointment from roster (3) At least one of the persons appointed under paragraph (1) must be appointed from a roster established under paragraph 50(b), on the recommendation of the President of the Canadian Nuclear Safety Commission. Not majority (4) The persons appointed from the roster must not constitute a majority of the members of the panel. Impact assessment to be used 45 The impact assessment conducted by a review panel established under subsection 44(1) is the only assessment that the Canadian Nuclear Safety Commission may use for the purpose of issuing the licence referred to in the panel’s terms of reference.
Powers in relation to Nuclear Safety and Control Act 46 For the purpose of conducting an impact assessment
of a designated project that includes activities regulated under the Nuclear Safety and Control Act, including preparing a report with respect to that impact assessment, the review panel may exercise the powers conferred on the Canadian Nuclear Safety Commission. Terms of reference — Canadian Energy Regulator Act 47 (1) When the Minister refers an impact assessment
of a designated project that includes activities regulated under the Canadian Energy Regulator Act to a review panel, the Minister must — within 45 days after the day on which the notice referred to in subsection 19(4) with respect to the designated project is posted on the Internet site — establish the panel’s terms of reference in consultation with the Lead Commissioner of the Canadian Energy Regulator and the Agency must, within the same period, appoint the chairperson and at least two other members. Appointment of members (2) The persons appointed to the review panel under
subsection (1) must be unbiased and free from any conflict of interest relative to the designated project and must have knowledge or experience relevant to the designated project’s anticipated effects or have knowledge of the interests and concerns of the Indigenous peoples of Canada that are relevant to the assessment.
Appointment from roster (3) At least one of the persons appointed under paragraph (1) must be appointed from a roster established
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under paragraph 50(c), on the recommendation of the Lead Commissioner of the Canadian Energy Regulator. Not majority (4) The persons appointed from the roster must not constitute a majority of the members of the panel. Powers in relation to Canadian Energy Regulator Act 48 For the purpose of conducting an impact assessment of a designated project that includes activities regulated under the Canadian Energy Regulator Act, including preparing a report with respect to that impact assessment, the review panel may exercise the powers conferred on the Commission that is referred to in subsection 26(1) of that Act.
Summary and information 49 In establishing or approving a panel’s terms of reference, the Minister must consider, among other things, the summary of issues and the information or knowledge referred to in section 14. Establishment of roster 50 (1) The Minister must establish the following rosters: (a) a roster of persons who may be appointed as members of a review panel established under any of the following: (i) section 41, (ii) subsection 44(1), (iii) subsection 47(1), (iv) an agreement, arrangement or document referred to in section 42; (b) a roster of persons who are members of the Canadian Nuclear Safety Commission and who may be appointed as members of a review panel established under subsection 44(1); (c) a roster of persons who are commissioners under the Canadian Energy Regulator Act and who may be appointed as members of a review panel established under subsection 47(1).
Establishment of roster — Nuclear Safety and Control Act (2) In establishing a roster under paragraph (1)(b), the
Minister must consult with the Minister of Natural Resources or the member of the Queen’s Privy Council for Canada that the Governor in Council designates as the
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Minister for the purposes of the Nuclear Safety and Control Act. Establishment of roster — Canadian Energy Regulator Act (3) In establishing a roster under paragraph (1)(c), the
Minister must consult with the member of the Queen’s Privy Council for Canada that the Governor in Council designates as the Minister for the purposes of the Canadian Energy Regulator Act. Review panel’s duties 51 (1) A review panel must, in accordance with its terms of reference, (a) conduct an impact assessment of the designated
project; (b) ensure that the information that it uses when conducting the impact assessment is made available to the public; (c) hold hearings in a manner that offers the public an opportunity to participate meaningfully, in the manner that the review panel considers appropriate and within the time period that it specifies, in the impact assessment; (d) prepare a report with respect to the impact assessment that (i) sets out the effects that, in the opinion of the review panel, are likely to be caused by the carrying out of the designated project, (ii) indicates which of the effects referred to in subparagraph (i) are adverse effects within federal jurisdiction and which are adverse direct or incidental effects, and specifies the extent to which those effects are significant, (ii.1) subject to section 119, sets out how the review panel, in determining the effects that are likely to be caused by the carrying out of the designated project, took into account and used any Indigenous knowledge provided with respect to the designated project, (iii) sets out a summary of any comments received from the public, and (iv) sets out the review panel’s rationale, conclusions and recommendations, including conclusions and recommendations with respect to any mitigation measures and follow-up program;
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(e) submit the report with respect to the impact assessment to the Minister; and (f) on the Minister’s request, clarify any of the conclusions and recommendations set out in its report with respect to the impact assessment.
Duties in relation to Nuclear Safety and Control Act (2) A review panel established under subsection 44(1) must, in accordance with its terms of reference, include in the report that it prepares the information necessary for the licence referred to in the panel’s terms of reference to be issued under section 24 of the Nuclear Safety and Control Act in relation to the designated project that is the subject of the report.
Duties in relation to Canadian Energy Regulator Act (3) A review panel established under subsection 47(1)
must, in accordance with its terms of reference, include in the report that it prepares the conclusions or recommendations necessary for a certificate, order, permit, licence or authorization to be issued, a leave or an exemption to be granted or a direction or approval to be given under the Canadian Energy Regulator Act in relation to the designated project that is the subject of the report. Information 52 (1) A review panel may, when conducting the impact
assessment of a designated project and preparing the report with respect to the impact assessment of the designated project, use any information that is available to it. Studies and collection of information (2) However, if the review panel is of the opinion that
there is not sufficient information available for the purpose of conducting the impact assessment or preparing the report with respect to the impact assessment of the designated project, it may require the collection of any information or the undertaking of any study that, in the opinion of the review panel, is necessary for that purpose, including requiring the proponent to collect that information or undertake that study. Power to summon witnesses 53 (1) A review panel has the power to summon any person to appear as a witness before it and to order the witness to (a) give evidence, orally or in writing; and (b) produce any records and other things that the panel considers necessary for conducting its impact assessment of the designated project.
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Enforcement powers (2) A review panel has the same power to enforce the attendance of witnesses and to compel them to give evidence and produce records and other things as is vested in a court of record. Hearings to be public (3) A hearing by a review panel must be public unless the panel is satisfied after representations made by a witness that specific, direct and substantial harm would be caused to the witness or specific harm would be caused to the environment by the disclosure of the evidence, records or other things that the witness is ordered to give or produce under subsection (1).
Non-disclosure (4) If a review panel is satisfied that the disclosure of evidence, records or other things would cause specific, direct and substantial harm to a person or Indigenous group, the evidence, records or things are privileged and even if their disclosure is authorized under subsection 119(2) must not, without the authorization of the person or Indigenous group, knowingly be, or be permitted to be, disclosed by any person who has obtained the evidence, records or other things under this Act.
Non-disclosure (5) If a review panel is satisfied that the disclosure of evidence, records or other things would cause specific harm to the environment, the evidence, records or things are privileged and must not, without the review panel’s authorization, knowingly be, or be permitted to be, disclosed by any person who has obtained the evidence, records or other things under this Act.
Enforcement of summonses and orders (6) Any summons issued or order made by a review panel under subsection (1) must, for the purposes of enforcement, be made a summons or order of the Federal Court by following the usual practice and procedure. Immunity (7) No action or other proceeding lies against a member of a review panel for or in respect of anything done or omitted to be done during the course of and for the purposes of the assessment by the review panel.
Informal proceedings 54 A review panel must, to the extent that is consistent
with the general application of the rules of procedural fairness and natural justice, emphasize flexibility and informality in the conduct of hearings and in particular must allow, if appropriate, the admission of evidence that
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would not normally be admissible under the rules of evidence. Copy posted on Internet site 55 On receiving a report with respect to the impact assessment of the designated project by a review panel, the Minister must ensure that a copy of the report is posted on the Internet site. Recommendations 55.1 (1) The Agency must make recommendations to
assist the Minister in establishing conditions under section 64 in respect of the designated project that is the subject of a report referred to in section 55. Recommendations posted on Internet site (2) The Agency must post its recommendations on the
Internet site. Studies and collection of information 56 The Minister may, before making a referral under
section 61, require the proponent of the designated project to collect any information or undertake any studies that are necessary for the Governor in Council to make a determination under section 62.
Confidential Information Non-disclosure 57 If the Agency is of the opinion that, in respect of a review panel to which it is providing or has provided support under paragraph 156(1)(a), the disclosure of a record would reveal the substance of the panel’s deliberations in relation to an impact assessment that the panel is conducting or has conducted, the Agency may refuse to disclose the record to any person who is not a member of the review panel.
Rules in Case of Termination Power to terminate 58 (1) The Minister may terminate the assessment by a
review panel of a designated project if (a) he or she is of the opinion that the review panel
will not submit its report within the time limit established under paragraph 37(1)(a), including any extension of that time limit; or (b) the review panel fails to submit its report within that time limit, including any extension of that time limit.
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Preliminary consultations (2) Before the Minister exercises the power referred to in subsection (1) with respect to a review panel that is jointly established under one of the following agreements, arrangements or documents, he or she must (a) in the case of an agreement or arrangement referred to in subsection 39(1), consult with the jurisdiction with which the agreement or arrangement was entered into; (b) in the case of an agreement or arrangement referred to in subsection 39(3), obtain the approval of the Minister of Foreign Affairs and consult with the jurisdiction with which the agreement or arrangement was entered into; and (c) in the case of a document referred to in subsection
40(2), consult with the Mackenzie Valley Environmental Impact Review Board. Preliminary consultations — other (3) The Minister must, before he or she exercises the
power referred to in subsection (1) with respect to one of the following review panels, (a) in the case of a review panel established under
subsection 44(1), consult with the President of the Canadian Nuclear Safety Commission; and (b) in the case of a review panel established under
subsection 47(1), consult with the Lead Commissioner of the Canadian Energy Regulator. Completion of impact assessment by Agency 59 (1) When the assessment by a review panel of a designated project is terminated under section 58, the Agency must, in accordance with directives provided by the Minister, complete the impact assessment of the designated project and prepare a report and submit it to the Minister. Effects set out in report (2) The report must set out the effects that, in the Agency’s opinion, are likely to be caused by the carrying out of the designated project. It must also indicate, from among the effects set out in the report, those that are adverse effects within federal jurisdiction and those that are adverse direct or incidental effects, and specify the extent to which those effects are significant. Report — Indigenous knowledge (3) Subject to section 119, the report must set out how
the Agency, in determining the effects that are likely to be caused by the carrying out of the designated project,
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took into account and used any Indigenous knowledge provided with respect to the designated project.
Decision-Making Minister’s decision 60 (1) After taking into account the report with respect
to the impact assessment of a designated project that is submitted to the Minister under subsection 28(2) or at the end of the assessment under the process approved under section 31, the Minister must (a) determine whether the adverse effects within federal jurisdiction — and the adverse direct or incidental effects — that are indicated in the report are, in light of the factors referred to in section 63 and the extent to which those effects are significant, in the public interest; or (b) refer to the Governor in Council the matter of
whether the effects referred to in paragraph (a) are, in light of the factors referred to in section 63 and the extent to which those effects are significant, in the public interest. Notice posted on Internet site (2) If the Minister refers the matter to the Governor in Council, he or she must ensure that a notice of the referral and the reasons for it are posted on the Internet site.
Referral to Governor in Council 61 (1) After taking into account the report with respect
to the impact assessment of a designated project that the Minister receives under section 55 or that is submitted to the Minister under section 59, the Minister, in consultation with the responsible Minister, if any, must refer to the Governor in Council the matter of determining whether the adverse effects within federal jurisdiction — and the adverse direct or incidental effects — that are indicated in the report are, in light of the factors referred to in section 63 and the extent to which those effects are significant, in the public interest. Definition of responsible Minister (1.1) For the purpose of subsection (1), responsible Minister means the following Minister: (a) in the case of a report prepared by a review panel
established under subsection 44(1), the Minister of Natural Resources or the member of the Queen’s Privy Council for Canada that the Governor in Council designates as the Minister for the purposes of the Nuclear Safety and Control Act;
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(b) in the case of a report prepared by a review panel
established under subsection 47(1), the member of the Queen’s Privy Council for Canada that the Governor in Council designates as the Minister for the purposes of the Canadian Energy Regulator Act.
Responsible Minister’s obligation (2) If the report relates to a designated project that includes activities that are regulated under the Canadian Energy Regulator Act, the responsible Minister must, at the same time as the referral described in subsection (1) in respect of that report is made, (a) submit the report to the Governor in Council for
the purposes of subsection 186(1) of that Act; or (b) submit the decision made for the purposes of subsection 262(4) of that Act to the Governor in Council if it is decided that the certificate referred to in that subsection should be issued.
Governor in Council’s determination 62 If the matter is referred to the Governor in Council
under paragraph 60(1)(b) or section 61, the Governor in Council must, after taking into account the report with respect to the impact assessment of the designated project that is the subject of the referral, determine whether the adverse effects within federal jurisdiction — and the adverse direct or incidental effects — that are indicated in the report are, in light of the factors referred to in section 63 and the extent to which those effects are significant, in the public interest. Factors — public interest 63 The
Minister’s determination under paragraph 60(1)(a) in respect of a designated project referred to in that subsection, and the Governor in Council’s determination under section 62 in respect of a designated project referred to in that subsection, must be based on the report with respect to the impact assessment and a consideration of the following factors: (a) the extent to which the designated project contributes to sustainability; (b) the extent to which the adverse effects within federal jurisdiction and the adverse direct or incidental effects that are indicated in the impact assessment report in respect of the designated project are significant; (c) the implementation of the mitigation measures that the Minister or the Governor in Council, as the case may be, considers appropriate;
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(d) the impact that the designated project may have
on any Indigenous group and any adverse impact that the designated project may have on the rights of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982; and (e) the extent to which the effects of the designated
project hinder or contribute to the Government of Canada’s ability to meet its environmental obligations and its commitments in respect of climate change. Conditions — effects within federal jurisdiction 64 (1) If the Minister determines under paragraph
60(1)(a), or the Governor in Council determines under section 62, that the effects that are indicated in the report that the Minister or the Governor in Council, as the case may be, takes into account are in the public interest, the Minister must establish any condition that he or she considers appropriate in relation to the adverse effects within federal jurisdiction with which the proponent of the designated project must comply. Conditions — direct or incidental effects (2) If the Minister determines under paragraph 60(1)(a),
or the Governor in Council determines under section 62, that the effects that are indicated in the report that the Minister or the Governor in Council, as the case may be, takes into account are in the public interest, the Minister must establish any condition that he or she considers appropriate — that is directly linked or necessarily incidental to the exercise of a power or performance of a duty or function by a federal authority that would permit a designated project to be carried out, in whole or in part, or to the provision of financial assistance by a federal authority to a person for the purpose of enabling the carrying out, in whole or in part, of that designated project — in relation to the adverse direct or incidental effects with which the proponent of the designated project must comply. Conditions subject to exercise of power or performance of duty or function (3) The conditions referred to in subsection (2) take effect only if the federal authority exercises the power or performs the duty or function or provides the financial assistance. Mitigation measures and follow-up program (4) The conditions referred to in subsections (1) and (2) must include (a) the implementation of the mitigation measures
that the Minister takes into account in making a determination under paragraph 60(1)(a), or that the
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Governor in Council takes into account in making a determination under section 62, other than those the implementation of which the Minister is satisfied will be ensured by another person or by a jurisdiction; and (b) the implementation of a follow-up program and, if the Minister considers it appropriate, an adaptive management plan.
Decision Statement Decision statement issued to proponent 65 (1) The Minister must issue a decision statement to
the proponent of a designated project that (a) informs the proponent of the determination made
under paragraph 60(1)(a) or section 62 in relation to that project and the reasons for the determination; (b) includes any conditions that are established under
section 64 in relation to the designated project and that must be complied with by the proponent; (c) sets out the period established under subsection 70(1); and (d) includes a description of the designated project.
Detailed reasons (2) The reasons for the determination must demonstrate
that the Minister or the Governor in Council, as the case may be, based the determination on the report with respect to the impact assessment of the designated project and considered each of the factors referred to in section 63. Time limit of decision statement — Minister’s determination (3) When the Minister makes a determination under
paragraph 60(1)(a), he or she must issue the decision statement no later than 30 days after the day on which the report with respect to the impact assessment of the designated project, or a summary of that report, is posted on the Internet site. Time limit of decision statement — Governor in Council’s decision (4) When the Governor in Council makes a determination under section 62, the Minister must issue the decision statement no later than 90 days after (a) the day on which the report with respect to the impact assessment of the designated project, or a summary of that report, is posted on the Internet site, if the report is submitted to the Minister under
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subsection 28(2) or section 59 or at the end of the assessment under the process approved under section 31; or (b) the day on which the Agency posts its recommendations on the Internet site under subsection 55.1(2), if the recommendations are in respect of a designated project that is the subject of a report received by the Minister under section 55. Extension of time limit by Minister (5) The Minister may extend the time limit referred to in
subsection (3) or (4) by any period — up to a maximum of 90 days — for any reason that the Minister considers necessary. Extension of time limit by Governor in Council (6) The Governor in Council may, on the recommendation of the Minister, extend the time limit extended under subsection (5) any number of times. Proponent informed of extension (7) The Minister must inform the proponent in writing of any extension granted under this section and the reasons for granting it and ensure that a notice of the extension and the reasons for granting it are posted on the Internet site.
Posting of decision statement on Internet site 66 The Agency must post on the Internet site any decision statement that the Minister issues under section 65. Decision statement considered to be part of licence under Nuclear Safety and Control Act 67 (1) The Minister may, in a decision statement issued in relation to a designated project that includes activities that are regulated under the Nuclear Safety and Control Act, designate any condition that is included in the decision statement, and any condition designated by the Minister is considered to be a part of the licence issued under section 24 of that Act in relation to the designated project.
Decision statement considered part of certificate, etc., under Canadian Energy Regulator Act (2) A decision statement issued in relation to a designated project that includes activities that are regulated under the Canadian Energy Regulator Act is considered to be a part of the certificate, order, permit, licence or authorization issued, the leave or exemption granted or the direction or approval given under that Act in relation to the designated project.
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Decision statement considered to be part of authorization, etc., under Canada Oil and Gas Operations Act (3) A decision statement issued in relation to a designated project that includes activities that are regulated under the Canada Oil and Gas Operations Act is considered to be a part of the authorization or licence issued, the approval granted or the leave given under that Act in relation to the designated project. Non-application (3.1) Sections 120 to 152 do not apply to the administration or enforcement of this Act as it relates to a condition of a decision statement that is issued in relation to a designated project that includes activities that are regulated, as applicable, under the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act or the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act if the condition is a requirement of an authorization issued under the Act in question in relation to that designated project. Non-application (4) Sections 120 to 152 do not apply to the administration
or enforcement of this Act as it relates to any condition that is considered to be a part of a licence and any decision statement that is considered to be a part of a licence, certificate, order, permit, authorization, leave, exemption, direction or approval.
Minister’s power — decision statement 68 (1) The Minister may amend a decision statement, including to add or remove a condition, to amend any condition or to modify the designated project’s description. However, the Minister is not permitted to amend the decision statement to change the decision included in it.
Limitation — condition (2) The Minister may add, remove or amend a condition only if he or she is of the opinion that doing so will not increase the extent to which the effects that are indicated in the report with respect to the impact assessment of the designated project are adverse.
Limitation and application (3) The Minister may add or amend a condition only if the new or amended condition could be established under subsection 64(1) or (2). Subsection 64(3) applies with respect to the new or amended condition if it could be established under subsection 64(2).
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Limitation — Nuclear Safety and Control Act (4) The Minister is not permitted to amend or remove a
condition designated under subsection 67(1) and is not permitted to designate, under that subsection, any condition added under this section. Public notice — amendment to decision statement 69 (1) If the Minister intends to amend a decision statement under section 68, the Minister must ensure that the following are posted on the Internet site: (a) a draft of the amended decision statement; and (b) a notice that invites the public to provide comments on the draft within the period specified. Posting of amended decision statement on Internet site (2) If, after taking into account any comments received
from the public, the Minister decides to amend the decision statement, he or she must ensure that the amended decision statement and his or her reasons for amending the decision statement are posted on the Internet site. Minister’s obligation 70 (1) The Minister must, after considering any views
provided by the proponent on the matter, establish the period within which the proponent must substantially begin to carry out the designated project. Extension (2) The Minister may, after considering any views provided by the proponent on the matter, extend the period by any period that the Minister considers reasonable and, in that case, must ensure that a notice of the extension and the reasons for the extension are posted on the Internet site. Expiry of decision statement (3) If the proponent does not substantially begin to carry
out the designated project within the period established by the Minister, or any extension of that period, the decision statement expires on the expiry of that period or any extension of that period. Notice posted on Internet site (4) The Agency must post on the Internet site a notice
that a decision statement has expired. Revocation of decision statement 71 If the proponent of a designated project advises the
Minister in writing that the designated project will not — or will no longer — be carried out, the Minister
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may revoke the decision statement issued in respect of that project. Amending decision statement — information 72 (1) The Minister may, before amending a decision
statement, require the proponent of the designated project described in the decision statement to provide the Minister with any information that he or she considers necessary for the purpose of amending the decision statement. Offer to consult (2) If the decision statement is considered to be a part of
a licence, certificate, order, permit, authorization, leave, exemption, direction or approval referred to in section 67, the Minister must, before amending or revoking the decision statement, offer to consult with the entity that issues the certificate, order, permit, licence or authorization, grants the exemption, gives the direction or gives or grants the leave or approval, as the case may be. Offer to consult — Nuclear Safety and Control Act (3) Before the Minister amends any portion of a decision statement referred to in subsection 67(1) that is not considered to be part of a licence referred to in that subsection, or revokes such a decision statement, he or she must offer to consult with the Canadian Nuclear Safety Commission.
Termination of Impact Assessment Termination by Agency or Minister 73 The Agency — or the Minister if the impact assessment of the designated project has been referred to a review panel — may terminate the impact assessment if the proponent advises the Agency or the Minister in writing that the designated project will not be carried out.
Confidential Information No disclosure 74 Despite any other provision of this Act, no confidence of the Queen’s Privy Council for Canada in respect of which subsection 39(1) of the Canada Evidence Act applies is to be disclosed or made available under this Act to any person.
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Participant Funding Programs Agency’s obligation 75 (1) The Agency must establish a participant funding
program to facilitate the participation of the public in (a) the Agency’s preparations for a possible impact assessment of — or the impact assessment of and the design or implementation of follow-up programs in relation to — designated projects that include physical activities that are designated by regulations made under paragraph 112(1)(e) or that are part of a class of activities designated by those regulations; (b) the impact assessment of, and the design or implementation of follow-up programs in relation to, designated projects that are referred to a review panel and that do not include physical activities that are designated by regulations made under paragraph 112(1)(e) or that are not part of a class of activities designated by those regulations; and (c) regional assessments and strategic assessments.
Exception (2) The obligation does not apply with respect to any designated project for which the Minister has approved the substitution of a process under section 31.
Cost Recovery Regulations 76 (1) The Governor in Council may make regulations (a) providing for fees, charges or levies that are payable for the purpose of recovering all or a portion of any costs incurred by the Agency or a review panel in relation to the exercise of its powers or the performance of its duties and functions; and (b) providing for the manner of calculating those fees, charges or levies and their payment to the Agency.
Proponent’s obligation to pay costs (2) If the Agency or a review panel incurs a cost in relation to the exercise of its powers or the performance of its duties and functions in respect of which no fee, charge or levy is provided for under subsection (1), the proponent of the designated project in respect of which the power is exercised or the duty or function is performed must pay to the Agency
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(a) any costs that the Agency or review panel incurs
for prescribed services provided by a third party in the exercise of that power or the performance of that duty or function; and (b) any prescribed amount that is related to the exercise by the Agency or review panel of that power or the performance by it of that duty or function.
Service Fees Act (3) The Service Fees Act does not apply to the fees, charges or levies referred to in subsection (1) or the prescribed amount referred to in paragraph (2)(b).
Powers exercised, duties and functions performed during a given period 77 For the purposes of section 76, the powers, duties and
functions are limited to those exercised or performed during the period that begins on the day on which the initial description of a designated project referred to in subsection 10(1) is received by the Agency and ends on the day on which the follow-up program in respect of the project is completed. Expenditure of fees, charges, etc. 78 The Agency may spend for any prescribed purpose
the fees, charges, levies, costs and amounts referred to in section 76 in the fiscal year in which they are paid or, unless an appropriation Act provides otherwise, in the next fiscal year. Debt due to Her Majesty 79 The fees, charges and levies that are payable, and the costs and amounts that the proponent must pay, under section 76 constitute a debt due to Her Majesty in right of Canada and may be recovered as such in any court of competent jurisdiction.
Unpaid fees, charges, etc. 80 If a proponent does not pay a fee, charge, levy, cost or amount referred to in section 76 that they owe within 90 days after the day on which it is due, (a) the Agency is authorized, despite any other provision of this Act, to not exercise any of its powers or not perform any of its duties or functions in relation to an impact assessment of any designated project that the proponent proposes to carry out until the proponent pays the debt; or (b) the Minister may, if an impact assessment of any
designated project that the proponent proposes to carry out has been referred to a review panel, make an order directing the review panel to, despite any other provision of this Act, not exercise any of its powers or
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not perform any of its duties or functions in relation to the impact assessment until the proponent pays the debt.
Duties of Certain Authorities in Relation to Projects Definitions 81 The following definitions apply in this section and
sections 82 to 91. authority means (a) a federal authority; and (b) any other body that is set out in Schedule 4. (autorité) environmental effects means changes to the environment and the impact of these changes on the Indigenous peoples of Canada and on health, social or economic conditions. (effets environnementaux) project means (a) a physical activity that is carried out on federal lands or outside Canada in relation to a physical work and that is not a designated project or a physical activity designated by regulations made under paragraph 112(1)(a.2); and (b) a physical activity that is designated under section
87 or that is part of a class of physical activities that is designated under that section. (projet) Project carried out on federal lands 82 An authority must not carry out a project on federal lands, exercise any power or perform any duty or function conferred on it under any Act of Parliament other than this Act that could permit a project to be carried out, in whole or in part, on federal lands or provide financial assistance to any person for the purpose of enabling that project to be carried out, in whole or in part, on federal lands, unless (a) the authority determines that the carrying out of the project is not likely to cause significant adverse environmental effects; or (b) the authority determines that the carrying out of the project is likely to cause significant adverse environmental effects and the Governor in Council decides, under subsection 90(3), that those effects are justified in the circumstances.
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Project outside Canada 83 A federal authority must not carry out a project outside Canada, or provide financial assistance to any person for the purpose of enabling that project to be carried out, in whole or in part, outside Canada, unless (a) the federal authority determines that the carrying out of the project is not likely to cause significant adverse environmental effects; or (b) the federal authority determines that the carrying out of the project is likely to cause significant adverse environmental effects and the Governor in Council decides, under subsection 90(3), that those effects are justified in the circumstances.
Factors 84 (1) An authority’s determination regarding whether
the carrying out of the project is likely to cause significant adverse environmental effects must be based on a consideration of the following factors: (a) any adverse impact that the project may have on
the rights of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982; (b) Indigenous knowledge provided with respect to
the project; (c) community knowledge provided with respect to the project; (d) comments received from the public under subsection 86(1); and (e) the mitigation measures that are technically and economically feasible and that would mitigate any significant adverse environmental effects of the project that the authority is satisfied will be implemented.
Factors — project outside Canada (2) However, if the project is to be carried out outside
Canada, the authority’s determination need not include a consideration of the factors set out in paragraphs (1)(a) and (b). Federal authority’s obligation 85 Every federal authority that is in possession of specialist or expert information or knowledge with respect to a project must, on an authority’s request and within the period that it specifies, make that information or knowledge available to the authority.
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Notice posted on Internet site 86 (1) Before making a determination under section 82 or 83, an authority must post on the Internet site a notice that indicates that it intends to make such a determination and that invites the public to provide comments respecting that determination.
Notice of determination posted on Internet site (2) No sooner than 30 days after the day on which it posts the notice referred to in subsection (1), the authority must post on the Internet site a notice of its determination, including any mitigation measures that it took into account in making the determination.
Power to designate physical activities 87 The Minister may, by order, designate a physical activity, or a class of physical activities, carried out on federal lands or outside Canada that is not in relation to a physical work and is not a designated project, but that, in the Minister’s opinion, may cause significant adverse environmental effects.
Designation of class of projects 88 (1) The Minister may, by order, designate a class of projects if, in the Minister’s opinion, the carrying out of a project that is a part of the class will cause only insignificant adverse environmental effects.
Projects excluded (2) Sections 82 and 83 do not apply to an authority in respect of a project that is part of a class of projects that is designated under subsection (1). Notice inviting public comments 89 (1) If the Minister intends to designate a physical activity, or a class of physical activities, under section 87 or a class of projects under subsection 88(1), the Agency must post on the Internet site a notice that invites the public to provide comments respecting the designation within 30 days after the day on which the notice is posted. Minister must consider public comments (2) The Minister must consider any comments received
from the public in deciding whether to make the designation. Posting notice on Internet site (3) If the Minister designates a physical activity, or a class of physical activities, under section 87 or a class of projects under subsection 88(1), the Agency must post on the Internet site a notice that includes a description of
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the physical activity, the class of physical activities or the class of projects, as the case may be, and the Minister’s reasons for making the designation. Referral to Governor in Council 90 (1) If the authority determines that the carrying out
of a project on federal lands or outside Canada is likely to cause significant adverse environmental effects, the authority may refer to the Governor in Council the matter of whether those effects are justified in the circumstances. Referral through Minister (2) When the determination is made by an authority other than a federal Minister, then the referral to the Governor in Council is made through the Minister responsible before Parliament for that authority.
Governor in Council’s decision (3) When a matter has been referred to the Governor in
Council, the Governor in Council must decide whether the significant adverse environmental effects are justified in the circumstances and must inform the authority of its decision. Non-application — national emergency or emergency 91 Sections 82 and 83 do not apply to an authority in respect of a project (a) in relation to which there are matters of national
security; (b) that is to be carried out in response to a national
emergency for which special temporary measures are being taken under the Emergencies Act; or (c) that is to be carried out in response to an emergency, and the carrying out of the project without delay is in the interest of preventing damage to property or the environment or is in the interest of public health or safety.
Regional Assessments and Strategic Assessments Regional Assessments Regional assessments — region entirely on federal lands 92 The Minister may establish a committee — or authorize the Agency — to conduct a regional assessment of the effects of existing or future physical activities carried out in a region that is entirely on federal lands.
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Regional assessments — other regions 93 (1) If the Minister is of the opinion that it is appropriate to conduct a regional assessment of the effects of existing or future physical activities carried out in a region that is composed in part of federal lands or in a region that is entirely outside federal lands, (a) the Minister may (i) enter into an agreement or arrangement with any jurisdiction referred to in paragraphs (a) to (g) of the definition jurisdiction in section 2 respecting the joint establishment of a committee to conduct the assessment and the manner in which the assessment is to be conducted, or (ii) authorize the Agency to conduct the assessment; and (b) the Minister and the Minister of Foreign Affairs may enter into an agreement or arrangement with any jurisdiction referred to in paragraph (h) or (i) of that definition respecting the joint establishment of a committee to conduct the assessment and the manner in which the assessment is to be conducted.
Committee — foreign state or international organization of states (2) If an agreement or arrangement referred to in paragraph (1)(b) is entered into, the Minister must establish — or approve — the committee’s terms of reference and appoint as a member of the committee one or more persons, or approve their appointment. Committee — federal authority, etc. (3) In respect of an agreement or arrangement entered
into under subparagraph (1)(a)(i), the Minister must (a) establish or approve the committee’s terms of reference, including a specified time limit within which the assessment must be completed; and (b) appoint or approve the appointment of the members of the committee, of which at least one person must have been recommended by the jurisdiction with which the agreement or arrangement was entered into. Agency’s obligation to offer to consult 94 If the Agency conducts an assessment referred to in subsection 92 or 93, it must offer to consult and cooperate with any jurisdiction referred to in paragraphs (a) to (g) of the definition jurisdiction in section 2 that has powers, duties or functions in relation to the physical activities in respect of which the assessment is conducted.
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Strategic Assessments Assessments 95 (1) The Minister may establish a committee — or authorize the Agency — to conduct an assessment of (a) any Government of Canada policy, plan or program — proposed or existing — that is relevant to conducting impact assessments; or (b) any issue that is relevant to conducting impact assessments of designated projects or of a class of designated projects.
Minister’s power (2) The Minister may deem any assessment that provides
guidance on how Canada’s commitments in respect of climate change should be considered in impact assessments and that is prepared by a federal authority and commenced before the day on which this Act comes into force to be an assessment conducted under this section.
General Rules Committee’s mandate and appointment of members 96 (1) If the Minister establishes a committee under section 92 or 95, he or she must establish its terms of reference and appoint as a member of the committee one or more persons.
Agency’s mandate (2) If the Minister authorizes the Agency to conduct an
assessment under section 92, subsection 93(1) or section 95, he or she must establish the Agency’s terms of reference with respect to the assessment. Minister’s obligations — request for assessment 97 (1) The Minister must respond, with reasons and
within the prescribed time limit, to any request that an assessment referred to in section 92, 93 or 95 be conducted. The Minister must ensure that his or her response is posted on the Internet site. Committee’s or Agency’s obligation (2) When conducting an assessment referred to in section 92, 93 or 95, the Agency or committee, as the case may be, must take into account any scientific information and Indigenous knowledge — including the knowledge of Indigenous women — provided with respect to the assessment.
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Information available to public 98 Subject to section 119, the Agency, or the committee,
must ensure that the information that it uses when conducting an assessment referred to in section 92, 93 or 95 is made available to the public. Public participation 99 The Agency, or the committee, must ensure that the public is provided with an opportunity to participate meaningfully, in a manner that the Agency or committee, as the case may be, considers appropriate, in any assessment referred to in section 92, 93 or 95 that it conducts.
Federal authority’s obligation 100 Every federal authority that is in possession of specialist or expert information or knowledge with respect to the physical activities in respect of which an assessment referred to in section 92 or 93 is conducted — or with respect to any policy, plan, program or issue in respect of which an assessment referred to in section 95 is conducted — must, on request, make that information or knowledge available to the committee or Agency that conducts the assessment within the specified period. Application of section 53 101 Section 53 applies, with any necessary modifications, to a committee established under section 92 or 95 or under an agreement or arrangement entered into under subparagraph 93(1)(a)(i) or paragraph 93(1)(b) and, for the purpose of applying section 53 to a committee, a reference in that section to a review panel is a reference to a committee. Report to Minister 102 (1) On completion of the assessment that it conducts, the committee established under section 92 or 95 or under an agreement or arrangement entered into under subparagraph 93(1)(a)(i) or paragraph 93(1)(b) or the Agency, as the case may be, must provide a report to the Minister. Indigenous knowledge (2) Subject to section 119, the report must set out how
the Agency or committee, as the case may be, took into account and used any Indigenous knowledge provided with respect to the assessment. Copy of report posted on Internet site 103 The Agency must post a copy of the report on the
Internet site.
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Canadian Impact Assessment Registry Establishment of Registry Canadian Impact Assessment Registry 104 (1) There is to be a registry called the Canadian Impact Assessment Registry, consisting of an Internet site and project files.
Right of access (2) The Registry must be operated in a manner that ensures convenient public access to it. That right of access to the Registry is in addition to any right of access provided under any other Act of Parliament. Copy (3) For the purpose of facilitating public access to
records included in the Registry, the Agency must ensure that a copy of any of those records is provided in a timely manner on request.
Internet Site Establishment and maintenance 105 (1) The Agency must establish and maintain an Internet site that is available to the public.
Contents — assessment conducted by Agency (2) The Agency must ensure that the following records and information relating to the impact assessment of the designated project that it conducts are posted and, subject to paragraph (4)(c), maintained on the Internet site: (a) any public notice that is issued by the Agency to
request the participation of the public in the impact assessment; (b) a description of the factors to be taken into account in the impact assessment and of the scope of those factors; (c) the report with respect to the impact assessment
that is taken into account by the Minister under subsection 60(1), or a summary of the report and an indication of how a copy of the report may be obtained; (d) any scientific information that the Agency receives
from a proponent or federal authority, or a summary of the scientific information and an indication of how that information may be obtained;
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(e) a description of the results of the follow-up program that is implemented with respect to that designated project or a summary of the results and an indication of how such a description may be obtained; (f) notice of the Agency’s decision to terminate the impact assessment under section 73; (g) any other information that the Agency considers
appropriate, including information in the form of a list of relevant records and an indication of how a copy of them may be obtained; (g.1) any public comments received during the impact assessment; and (h) any other record or information prescribed by regulations made under paragraph 112(1)(f). Contents — assessment conducted by review panel (3) The Agency must ensure that, in the case of an assessment conducted by a review panel or an impact assessment completed under section 59, the following records or information are posted and, subject to paragraph (4)(c), maintained on the Internet site: (a) the review panel’s terms of reference; (b) any public notice that is issued by the review panel
to request the participation of the public in an impact assessment; (c) the report with respect to the review panel’s impact assessment referred to in section 55 or the impact assessment completed under section 59, or a summary of the report and an indication of how a copy of the report may be obtained; (d) any scientific information that the Agency or the review panel receives from a proponent or federal authority, or a summary of the scientific information and an indication of how that information may be obtained; (e) a description of the results of the follow-up program that is implemented with respect to that designated project or a summary of the results and an indication of how such a description may be obtained; (f) notice of the termination of an assessment by the review panel under section 58; (g) notice of the Minister’s decision to terminate an impact assessment under section 73; (h) any other information that the Agency considers
appropriate, including information in the form of a list
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of relevant documents and an indication of how a copy of them may be obtained; (h.1) any public comments received in the course of
the impact assessment; and (i) any other record or information prescribed by regulations made under paragraph 112(1)(f). Management of Internet site (4) The Agency must determine (a) what the form of the Internet site is to be and how it is to be kept; (b) what information must be contained in any record
required to be posted on the Internet site under this Act; and (c) when information may be removed from the Internet site.
Project Files Establishment and maintenance 106 (1) Subject to subsection (2), in respect of every designated project, a project file must be established by the Agency on the day on which the notice referred to in subsection 10(1) in respect of the designated project is posted on the Internet site and maintained until the day on which any follow-up program in respect of that designated project is completed.
Exception (2) The obligation set out in subsection (1) ends on the earliest of the following days: (a) the day on which the Agency under subsection
16(1) decides that an impact assessment in respect of the designated project is not required; (b) the day on which the impact assessment in respect of the designated project is terminated under subsection 20(1) or section 73; (c) the day on which the Minister issues, in respect of the designated project, a decision statement that informs the proponent of his or her, or the Governor in Council’s, determination that the adverse effects within federal jurisdiction, or the adverse direct or incidental effects, that the designated project is likely to cause are not in the public interest; and (d) the day on which the decision statement expires under subsection 70(3) or is revoked under section 71.
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Contents of project file (3) A project file must contain all records produced, collected or received in relation to the Agency’s preparations for a possible impact assessment of a designated project and in relation to the impact assessment of that designated project, including (a) all records posted on the Internet site; (b) any report relating to the impact assessment; (c) any comments that are received from the public in relation to the Agency’s preparations for a possible impact assessment and in relation to the impact assessment; (d) any records relating to the design or implementation of any follow-up program; and (e) any records relating to the implementation of any
mitigation measures.
General Categories of available information 107 (1) Despite any other provision of this Act, the Registry is to contain a record, part of a record or information only if (a) it has otherwise been made publicly available; or (b) the Minister determines (i) that it would have been disclosed to the public in accordance with the Access to Information Act if a request had been made in respect of that record under that Act at the time the record came under the control of the Agency, including any record that would be disclosed in the public interest under subsection 20(6) of that Act, or (ii) that there are reasonable grounds to believe
that it would be in the public interest to disclose it because it is required for the public to participate effectively in the Agency’s preparations for a possible impact assessment or the impact assessment — other than any record the disclosure of which would be prohibited under section 20 of the Access to Information Act.
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Applicability of sections 27, 28 and 44 of Access to Information Act (2) Sections 27, 28 and 44 of the Access to Information
Act apply to any information described in subsection 27(1) of that Act that the Agency intends to be included in the Registry with any necessary modifications, including the following: (a) the information is deemed to be a record that the
head of a government institution intends to disclose; and (b) any reference to the person who requested access must be disregarded.
Protection from civil proceeding or prosecution 108 Despite any other Act of Parliament, no civil or
criminal proceedings lie against the Agency or the Minister — or any person acting on behalf of, or under the direction of, either of them — and no proceedings lie against the Crown or the Agency, for the disclosure in good faith of any record or any part of a record or any Indigenous knowledge under this Act or for any consequences that flow from that disclosure or for the failure to give any notice required under section 27 or 28 of the Access to Information Act if reasonable care is taken to give the required notice.
Administration Regulations — Governor in Council 109 The Governor in Council may make regulations (a) amending Schedule 1 or 4 by adding or deleting a
body or a class of bodies; (b) for the purpose of the definition designated
project in section 2, designating a physical activity or class of physical activities and specifying which physical activity or class of physical activities may be designated by the Minister under paragraph 112(1)(a.2); (c) exempting any class of proponents or class of designated projects from the application of section 76; (d) varying or excluding any requirement set out in
this Act or the regulations as it applies to physical activities to be carried out (i) on reserves, surrendered lands or other lands
that are vested in Her Majesty and subject to the Indian Act,
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(ii) on lands covered by land claim agreements referred to in section 35 of the Constitution Act, 1982, (iii) on lands with respect to which agreements or arrangements referred to in paragraph 114(1)(d) or (e) apply, (iv) under international agreements or arrangements entered into by the Government of Canada, or (v) in relation to which there are matters of national security; (e) respecting agreements or arrangements referred to in paragraph 114(1)(d) or (e); (f) prescribing — other than the time limit referred to
in subsection 97(1) — anything that, by this Act, is to be prescribed; (g) prescribing the way in which anything that is required or authorized by this Act to be prescribed is to be determined; and (h) generally, for carrying out the purposes and provisions of this Act.
Amendment of Schedule 2 110 The Governor in Council may, by order, amend
Schedule 2 by adding, replacing or deleting a description of lands that are subject to a land claim agreement referred to in section 35 of the Constitution Act, 1982.
Review of regulations 111 (1) The Agency must review, within the prescribed
period, any regulations made under paragraph 109(b). Report (2) After completing its review the Agency must submit
to the Minister a report setting out its conclusions and recommendations. Regulations — Minister 112 (1) The Minister may make regulations (a) prescribing the information that must be contained in the description referred to in subsection 10(1) or 15(1) and the documents referred to in paragraph 18(1)(b); (a.1) respecting the form and format of a description referred to in subsection 10(1), of a notice referred to in subsection 15(1) and of any information or study
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provided under this Act and the manner of providing the description, notice, information or study; (a.2) designating, for the purposes of section 112.1, a
physical activity or class of physical activities from among those specified by the Governor in Council under paragraph 109(b), establishing the conditions that must be met for the purposes of the designation and setting out the information that a person or entity — federal authority, government or body — that is referred to in subsection (3) must provide the Agency in respect of the physical activity that they propose to carry out; (a.3) respecting the procedures and requirements relating to assessments referred to in section 92, 93 or 95; (b) respecting the procedures, requirements and time
periods relating to impact assessments, including the manner of designing a follow-up program; (c) prescribing, for the purposes of any of subsections
9(5), 18(6), 28(9), 36(3) and 37(6), any activity in respect of which a time limit may be suspended and respecting circumstances, in relation to an activity, in which a time limit may be suspended; (d) respecting a participant funding program established under section 75; (e) designating, for the purposes of section 75, a physical activity or class of physical activities; (e.1) prescribing the time limit referred to in subsection 97(1); (f) respecting the Registry, including the identification of records or information to be posted on the Internet site and the establishment and maintenance of project files referred to in section 106; and (g) respecting the charging of fees for providing
copies of documents contained in the Registry. Condition (2) The Minister may make a regulation designating a physical activity or class of physical activities under paragraph (1)(a.2) only after considering an assessment referred to in section 92 or 93 that is in relation to that physical activity or class of physical activities.
Written notice (3) A person or entity — federal authority, government
or body — that proposes the carrying out of a physical
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activity that is designated by the Minister under paragraph 112(1)(a.2) or that is part of a class of physical activities that is designated by the Minister under that paragraph must notify the Agency in writing that they propose to do so. Statutory Instruments Act (4) The Statutory Instruments Act does not apply to a
regulation made under paragraph 112(1)(a.2). Regulation posted on Internet site (5) The Agency must post any regulation made under
paragraph 112(1)(a.2) on the Internet site. Physical activity excluded 112.1 A physical activity or class of physical activities
that is designated by the Minister under paragraph 112(1)(a.2) is excluded from the physical activities or class of physical activities that is designated by the Governor in Council under paragraph 109(b) if it meets the conditions established by the Minister. Externally produced documents 113 (1) A regulation made under this Act may incorporate by reference documents that are produced by a person or body other than the Agency, including a federal authority referred to in any of paragraphs (a) to (d) of the definition federal authority in section 2.
Ambulatory incorporation by reference (2) A document may be incorporated by reference either
as it exists on a particular date or as amended from time to time. Accessibility of incorporated document (3) The Minister must ensure that any document incorporated by reference in a regulation is accessible. No registration or publication (4) For greater certainty, a document that is incorporated by reference into a regulation is not required to be transmitted for registration or published in the Canada Gazette by reason only that it is incorporated by reference. Minister’s powers 114 (1) For the purposes of this Act, the Minister may (a) issue guidelines and codes of practice respecting
the application of this Act;
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(b) establish research and advisory bodies in the area
of impact assessment, including with respect to the interests and concerns of Indigenous peoples of Canada, and appoint as a member of any such bodies one or more persons; (c) enter into agreements or arrangements with any jurisdiction referred to in paragraphs (a) to (g) of the definition jurisdiction in section 2 respecting assessments of effects; (d) if authorized by the regulations, enter into agreements or arrangements with any jurisdiction referred to in paragraph (e) or (f) of the definition jurisdiction in section 2 to (i) authorize the jurisdiction, on lands with respect to which it already has powers, duties or functions in relation to an assessment of the environmental effects of a designated project, to exercise powers or perform duties or functions in relation to impact assessments under this Act — except for those set out in section 16 — that are specified in the agreement or arrangement, or (ii) in relation to lands, specified in the agreement or arrangement, with respect to which it does not already have powers, duties or functions in relation to an assessment of the environmental effects of a designated project, (A) provide that the jurisdiction is considered to
be a jurisdiction for the application of this Act on those lands, and (B) authorize the jurisdiction, on those lands, to exercise powers or perform duties or functions in relation to impact assessments under this Act — except for those set out in section 16 — that are specified in the agreement or arrangement; (e) if authorized by the regulations, enter into agreements or arrangements with any Indigenous governing body not referred to in paragraph (f) of the definition jurisdiction in section 2 to (i) provide that the Indigenous governing body is
considered to be a jurisdiction for the application of this Act on the lands specified in the agreement or arrangement, and (ii) authorize the Indigenous governing body, with respect to those lands, to exercise powers or perform duties or functions in relation to impact assessments under this Act — except for those set out
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in section 16 — that are specified in the agreement or arrangement; (f) enter into agreements or arrangements with any jurisdiction for the purposes of coordination, consultation, exchange of information and the determination of factors to be considered in relation to the assessment of the effects of designated projects of common interest; (g) establish criteria for the appointment of members of review panels; and (h) establish criteria for the appointment of members of committees established under section 92 or 93.
International agreements and arrangements (2) The Minister and the Minister of Foreign Affairs may
enter into agreements or arrangements with any jurisdiction referred to in paragraphs (h) and (i) of the definition jurisdiction in section 2 respecting assessments of environmental effects, including for the purposes of implementing the provisions of any international agreement or arrangement respecting the assessment of environmental effects to which the Government of Canada is a party. Opportunity for public to comment (3) The Minister must provide reasonable public notice
of and a reasonable opportunity for anyone to comment on draft guidelines, codes of practice, agreements, arrangements or criteria under this section.
Availability to public (4) Any guidelines, codes of practice, agreements, arrangements or criteria must be made available to the public. Agreements or arrangements posted on Internet site (5) The Minister must ensure that an agreement or arrangement referred to in paragraph (1)(d) or (e) is posted on the Internet site. Non-application — national security 115 (1) The Governor in Council may, by order, exclude
a designated project from the application of this Act if, in the Governor in Council’s opinion, the designated project is one in relation to which there are matters of national security.
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Non-application — national emergency or emergency (2) The Minister may, by order, exclude a designated project from the application of this Act if, in the Minister’s opinion, the designated project is one to be carried out in response to (a) a national emergency for which special temporary
measures are being taken under the Emergencies Act; or (b) an emergency, and carrying out the designated
project without delay is in the interest of preventing damage to property or the environment or is in the interest of public health or safety. Posting of notice of order on Internet site (3) The Agency must post on the Internet site a notice of any order made under subsection (2).
Statutory Instruments Act 116 An order made under subsection 9(1) or 115(1) or
(2) is not a statutory instrument for the purposes of the Statutory Instruments Act.
Minister’s Advisory Council Advisory council to be established 117 (1) The Minister must establish an advisory council to advise him or her on issues related to the implementation of the impact assessment and regional and strategic assessment regimes set out under this Act.
Appointment (2) The Minister must appoint members to the advisory
council, including a chairperson. Membership (3) The membership of the council must include at least (a) one person recommended by an Indigenous governing body or other entity that represents the interests of First Nations; (b) one person recommended by an Indigenous governing body or other entity that represents the interests of the Inuit; and (c) one person recommended by an Indigenous governing body or other entity that represents the interests of the Métis.
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Meetings 118 (1) The advisory council must meet at least once a
year. First report (2) Within three months after the end of the fiscal year during which the first anniversary of the coming into force of this Act occurs, the advisory council must submit to the Minister a report setting out the advice it provided during the period beginning on the day on which this Act comes into force and ending on the day on which that fiscal year ends, including the advice with respect to regional and strategic assessments to be given priority.
Subsequent reports (3) Within three months after the end of each period of
two fiscal years not addressed by the previous report, the advisory council must provide to the Minister a report setting out the advice it provided during that period of two fiscal years, including the advice with respect to regional and strategic assessments to be given priority.
Tabling of report (4) The Minister must cause a copy of the report to be tabled in each House of Parliament on any of the first 15 days on which that House is sitting after the Minister receives the report and then ensure the report is posted on the Internet site.
Minister’s comments (5) Within 90 days after the day on which he or she receives the report, the Minister must provide his or her comments on the report to the advisory council, including with respect to the advice the council provided about regional and strategic assessments, and then ensure they are posted on the Internet site.
Indigenous Knowledge Confidentiality 119 (1) Any Indigenous knowledge that is provided to the Minister, the Agency, a committee referred to in section 92, 93 or 95 or a review panel under this Act in confidence is confidential and must not knowingly be, or be permitted to be, disclosed without written consent.
Exception (2) Despite subsection (1), the Indigenous knowledge referred to in that subsection may be disclosed if
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(a) it is publicly available; (b) the disclosure is necessary for the purposes of procedural fairness and natural justice or for use in legal proceedings; or (c) the disclosure is authorized in the prescribed circumstances.
Consultation (2.1) Before disclosing Indigenous knowledge under paragraph 2(b) for the purposes of procedural fairness and natural justice, the Minister, the Agency, the committee or the review panel, as the case may be, must consult the person or entity who provided the Indigenous knowledge and the person or entity to whom it is proposed to be disclosed about the scope of the proposed disclosure and potential conditions under subsection (3).
Further disclosure (3) The Minister, the Agency, the committee or the review panel, as the case may be, may, having regard to the consultation referred to in subsection (2.1), impose conditions with respect to the disclosure of Indigenous knowledge by any person or entity to whom it is disclosed under paragraph (2)(b) for the purposes of procedural fairness and natural justice. Duty to comply (4) The person or entity referred to in subsection (3)
must comply with any conditions imposed under that subsection.
Administration and Enforcement Enforcement Officers and Analysts Designation 120 (1) The President of the Agency may designate persons or classes of persons as enforcement officers or analysts for the purposes of the administration and enforcement of this Act.
Certificate (2) The President of the Agency must provide every person designated under subsection (1) with a certificate of designation. That person must, if so requested, produce the certificate to the occupant or person in charge of a place referred to in subsection 122(1).
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Immunity 121 No action or other proceeding of a civil nature lies against an enforcement officer or analyst in respect of anything that is done or omitted to be done in good faith while exercising their powers or performing their duties or functions under this Act.
Powers Authority to enter 122 (1) An enforcement officer may, for the purpose of verifying compliance or preventing non-compliance with this Act, including an injunction ordered under section 140, enter a place in which they have reasonable grounds to believe a designated project is or was being carried out or a record or anything relating to a designated project is located.
Powers on entry (2) The enforcement officer may, for those purposes, (a) examine anything in the place; (b) use any means of communication in the place or
cause it to be used; (c) use any computer system in the place, or cause it
to be used, to examine data contained in or available to it; (d) prepare a document, or cause one to be prepared,
based on the data; (e) use any copying equipment in the place, or cause it
to be used; (f) remove anything from the place for examination or
copying; (g) take photographs and make recordings or sketches; (h) direct the owner or person in charge of the place
or a person at the place to establish their identity to the enforcement officer’s satisfaction or to stop or start an activity; (i) direct the owner or a person having possession,
care or control of anything in the place not to move it, or to restrict its movement, for as long as, in the enforcement officer’s opinion, is necessary; (j) direct any person to put any machinery, vehicle or equipment in the place into operation or to cease operating it; and
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(k) prohibit or limit access to all or part of the place.
Person accompanying enforcement officer (3) An enforcement officer who enters a place under subsection (1) may be accompanied by any other person that they believe is necessary to help them exercise their powers and perform their duties and functions under this section.
Analysts (4) An analyst who accompanies an enforcement officer
may exercise any of the powers referred to in paragraphs (2)(a) to (g). Duty to assist (5) The owner or person in charge of the place and every
person in the place must give all assistance that is reasonably required to enable the enforcement officer or analyst to exercise a power or perform a duty or function under this section and must provide any documents, data or information that are reasonably required for that purpose. Warrant for dwelling-house 123 (1) If the place is a dwelling-house, the enforcement officer may enter it without the occupant’s consent only under the authority of a warrant issued under subsection (2). Authority to issue warrant (2) On ex parte application, a justice of the peace may issue a warrant authorizing an enforcement officer who is named in it to enter a dwelling-house, subject to any conditions specified in the warrant, and authorizing any analyst named in the warrant to accompany the enforcement officer, if the justice is satisfied by information on oath that (a) the dwelling-house is a place referred to in subsection 122(1); (b) entry to the dwelling-house is necessary for any of the purposes of that subsection; and (c) entry was refused by the occupant or there are reasonable grounds to believe that entry will be refused or that consent to entry cannot be obtained from the occupant.
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Use of force (3) In executing a warrant to enter a dwelling-house, an
enforcement officer or analyst may use force only if the use of force has been specifically authorized in the warrant and the enforcement officer or analyst is accompanied by a peace officer. Entry on private property 124 (1) For the purpose of gaining entry to a place referred to in subsection 122(1), an enforcement officer and analyst may enter private property and pass through it, and are not liable for doing so. For greater certainty, no person has a right to object to that use of the property and no warrant is required for the entry, unless the property is a dwelling-house.
Person accompanying (2) A person may, at an enforcement officer or analyst’s
request, accompany them to assist them to gain entry to the place referred to in subsection 122(1) and is not liable for doing so. Production of documents 125 (1) An enforcement officer may, for the purpose of
verifying compliance or preventing non-compliance with this Act, including an injunction ordered under section 140, require any person to produce at a place specified by the enforcement officer, within any reasonable time and in the manner specified, any books, records, electronic data or other documents that the enforcement officer believes on reasonable grounds contain any information relevant to the administration of this Act. Proof of delivery (2) The enforcement officer must make the request by a
means that provides a record of delivery. Compliance (3) Any person who is required to produce anything under subsection (1) must, despite any other law to the contrary, do so as required.
Notice of Non-compliance Issuance 126 (1) If an enforcement officer believes on reasonable
grounds that a person or entity has contravened this Act, they may issue a notice of non-compliance to that person or entity.
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Contents of notice (2) The notice must be made in writing and must set out (a) the name of the person or entity to whom it is directed; (b) the provision of this Act or the regulations, or the condition established under section 64, amended under subsection 68(1) or added to a decision statement under that subsection, that is alleged to have been contravened; (c) the relevant facts surrounding the alleged contravention; and (d) a statement that the person or entity may provide comments in response to the notice and the time within which they may do so.
Orders Measures required 127 (1) If an enforcement officer believes on reasonable
grounds that there is or is likely to be a contravention of this Act, they may, among other things, order a person or entity to (a) stop doing something that is or is likely to be in contravention of this Act or cause it to be stopped; or (b) take any measure that is necessary in order to
comply with this Act or to mitigate the effects of noncompliance.
Contents of order (2) Subject to section 128, the order must be made in writing and must set out (a) the name of the person or entity to whom it is directed; (b) the provision of this Act or the regulations, or the condition established under section 64 or added or amended under section 68, that is alleged to have been or that is likely to be contravened; (c) the relevant facts surrounding the alleged contravention; (d) the measures to be taken; (e) the time or the day when each measure is to begin or the period during which it is to be carried out;
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(f) the duration of the order; (g) a statement that the person or entity may provide comments to the enforcement officer in response to the order; and (h) a statement that a request for a review may be
made to the President of the Agency and the time period for doing so. Variation or cancellation of order (3) The enforcement officer may, after giving reasonable notice to all persons or entities named in the order, and so long as the President of the Agency has not received a notice requesting a review of the order, (a) amend or suspend a condition of the order, add a condition to it or delete a condition from it; (b) cancel the order; (c) correct a clerical error in the order; or (d) extend the order’s duration.
Exigent circumstances 128 (1) In the case of exigent circumstances, an order
may be given orally on the condition that it is followed, within seven days, by a written order issued in accordance with section 127. For greater certainty (2) For greater certainty, exigent circumstances includes circumstances in which the delay necessary to issue a written order that meets the requirements of subsection 127(2) would likely result in danger to the environment, human life or health or public safety.
Duty to comply with order 129 (1) Any person or entity to whom an order is given under section 127 or 128 must comply with the order.
Measures taken by enforcement officer (2) If the person or entity does not comply with the order
within the time specified, the enforcement officer may, on their own initiative and at that person or entity’s expense, carry out the measure required.
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Review of Orders Request for review 130 (1) Any person or entity to whom an order is given under section 127 or 128 may, by notice in writing given to the President of the Agency within 30 days after the day on which the person or entity receives a copy of the order, make a request to the President for a review of the order.
Extension of period for request (2) The President of the Agency may extend the period within which a request for a review may be made if, in the President’s opinion, it is in the public interest to do so.
Review 131 On receipt of a request made under subsection
130(1), the President of the Agency must designate an individual as a review officer to review the order. No automatic stay on review 132 (1) Subject to subsection (2), the request for a review of an order does not suspend the operation of an order. Suspension on application (2) A review officer may, on application made by a person or entity to whom an order is given, suspend the operation of the order if the review officer considers it appropriate and, in that case, impose on all persons or entities subject to the order conditions that are reasonable in the circumstances and consistent with the protection of the environment, human life or health or public safety. Duration of suspension (3) If the operation of an order is suspended under subsection (2), the period for which the order is issued is suspended until the review is completed. Evidence 133 (1) A review officer may order any person to give evidence in writing or produce any documents and things that the review officer considers relevant for the purpose of performing any of their functions.
Enforcement of orders (2) Any order made under subsection (1) may be made
an order of the Federal Court or of the superior court of a province and is enforceable in the same manner as an order of that court.
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Procedure (3) An order made under subsection (1) may be made an
order of the Federal Court or of the superior court of a province by following the usual practice and procedure of the court in such matters, or by filing a certified copy of the order with the registrar of the court. Powers of review officer 134 A review officer, after considering the order under review and giving all persons or entities who are subject to it a reasonable opportunity to make representations, may (a) confirm or cancel the order; (b) amend or suspend a condition of the order, add a condition to it or delete a condition from it; or (c) extend the order’s duration.
Decision 135 (1) A review officer must render a written decision,
with reasons, and provide all persons or entities to whom the order was given and the President of the Agency with a copy of the decision and the reasons. Duty to comply with revised order (2) Any person or entity that is subject to an order confirmed or varied under section 134 must comply with the order. Immunity 136 No action or other proceeding of a civil nature may
be brought against a review officer in respect of anything that is done or omitted to be done in good faith while exercising their powers or performing their duties or functions under this Act. Rules 137 The Agency may make rules (a) governing the practice and procedure for the review of orders; (b) generally, respecting the work of review officers;
and (c) for preventing trade secrets and information described in section 20 of the Access to Information Act from being disclosed or made public as a result of their being used as evidence before a review officer.
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Federal Court Appeal to Federal Court 138 The Minister or any person or entity to whom an order, as confirmed or varied by a review officer, is directed may, by filing a written notice of appeal within 30 days after the day on which the written reasons are provided by the review officer under section 135, appeal to the Federal Court from the review officer’s decision. Order not suspended 139 The filing of a notice of appeal under section 138
does not suspend the operation of an order, as confirmed or varied by a review officer.
Injunctions Court’s power 140 (1) If, on the Minister’s application, it appears to a
court of competent jurisdiction that a person or entity has done, is about to do or is likely to do any act constituting or directed toward the commission of an offence under this Act, the court may issue an injunction ordering the person or entity who is named in the application to (a) refrain from doing an act that, in the court’s opinion, may constitute or be directed toward the commission of the offence; or (b) do an act that, in the court’s opinion, may prevent
the commission of the offence. Notice (2) No injunction is to be issued under subsection (1) unless 48 hours’ notice is served on the party or parties who are named in the application or unless the urgency of the situation is such that service of notice would not be in the public interest.
Voluntary Reports Voluntary reports 141 (1) If a person has knowledge of the commission or
reasonable likelihood of the commission of an offence under this Act, but is not required to report the matter under this Act, the person may report any information relating to the offence or likely offence to an enforcement officer or the Agency.
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Request for confidentiality (2) The person making the report may request that their
identity, and any information that may reveal their identity, not be disclosed. Due diligence (3) An enforcement officer and the Agency must exercise all due diligence to not disclose the identity of a person who makes a request under subsection (2) or any information that may reveal their identity.
Prohibition (4) A person not referred to in subsection (3), or an entity, must not disclose the identity of a person who makes a request under subsection (2) or any information that may reveal that person’s identity unless that person authorizes the disclosure in writing. Employee protection (5) Despite any other Act of Parliament, an employer
must not dismiss, suspend, demote, discipline, harass or otherwise disadvantage an employee, or deny an employee a benefit of employment, with the intent to retaliate against the employee because the employee has (a) made a report under subsection (1); (b) acting in good faith and on the basis of reasonable belief, refused or stated an intention of refusing to do anything that is an offence under this Act; or (c) acting in good faith and on the basis of reasonable belief, done or stated an intention of doing anything that is required to be done by or under this Act.
Prohibitions and Offences Obstruction 142 A person or entity must not obstruct or hinder an enforcement officer or analyst who is exercising their powers or performing their duties or functions under this Act.
False statements or information 143 A person or entity must not make a false or misleading statement or provide false or misleading information in connection with any matter under this Act to any person who is exercising their powers or performing their duties or functions under this Act.
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Offences 144 (1) Every person or entity commits an offence that (a) contravenes section 7, subsection 122(5), 125(3),
129(1), 135(2) or 141(4) or (5) or section 142 or 143; (b) contravenes a condition established under subsection 64(2) or added or amended under section 68 with which the person or entity must comply; or (c) omits to provide to the Minister information required to be provided under subsection 72(1).
Penalty — individuals (2) Every individual who commits an offence under subsection (1) is liable on summary conviction (a) for a first offence, to a fine of not less than $5,000
and not more than $300,000; and (b) for a second or subsequent offence, to a fine of not less than $10,000 and not more than $600,000.
Penalty — small revenue corporations or entities (3) Every corporation or entity that commits an offence
under subsection (1) and that the court determines under section 145 to be a small revenue corporation or entity is liable on summary conviction (a) for a first offence, to a fine of not less than $25,000
and not more than $2,000,000; and (b) for a second or subsequent offence, to a fine of not less than $50,000 and not more than $4,000,000.
Penalty — other corporations or entities (4) Every corporation or entity, other than a corporation or entity referred to in subsection (3), that commits an offence under subsection (1) is liable on summary conviction (a) for
a first offence, to a fine of not less than $100,000 and not more than $4,000,000; and
(b) for a second or subsequent offence, to a fine of not less than $200,000 and not more than $8,000,000.
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Determination of small revenue corporation or entity status 145 For the purpose of subsection 144(3), a court may
determine a corporation or entity to be a small revenue corporation or entity if the court is satisfied that the gross revenues of the corporation or entity for the 12 months immediately before the day on which the subject matter of the proceedings arose — or, if it arose on more than one day, for the 12 months immediately before the first day on which the subject matter of the proceedings arose — were not more than $5,000,000. Continuing offences 146 (1) If an offence of contravening section 7, subsection 129(1) or 135(2) or section 142, or an offence under paragraph 144(1)(b), is committed or continued on more than one day, it constitutes a separate offence for each day on which it is committed or continued.
Due diligence defence (2) A person or entity must not be found guilty of an offence for a contravention of section 7, subsection 129(1) or 135(2) or section 142, or of an offence under paragraph 144(1)(b), if they establish that they exercised due diligence to prevent the commission of the offence. Liability of senior officers 147 If a corporation or entity commits an offence under this Act, any senior officer, as defined in section 2 of the Criminal Code, of the corporation or entity who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence, and is liable on conviction to the penalty provided for by this Act for an individual in respect of the offence committed by the corporation or entity, whether or not the corporation or entity has been prosecuted.
Duties of senior officers 148 Every senior officer, as defined in section 2 of the
Criminal Code, of a corporation or entity must take all reasonable care to ensure that the corporation or entity complies with this Act and any order issued by an enforcement officer or review officer.
Limitation period or prescription 149 Proceedings by way of summary conviction in respect of an offence under this Act may be instituted at any time within two years after the day on which the Minister becomes aware of the acts or omissions that constitute the alleged offence.
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Admissibility of evidence 150 (1) In proceedings for an offence under this Act, a
statement, certificate, report or other document of the Minister, an officer or employee of the Agency, an enforcement officer or an analyst that is purported to have been signed by that person is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and, in the absence of evidence to the contrary, is proof of the matters asserted in it. Copies and extracts (2) In proceedings for an offence under this Act, a copy
of or an extract from any document that is made by the Minister, an officer or employee of the Agency, an enforcement officer or an analyst that appears to have been certified under the signature of that person as a true copy or extract is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and, in the absence of evidence to the contrary, has the same probative force as the original would have if it were proved in the ordinary way. Presumed date of issue (3) A document referred to in this section is, in the absence of evidence to the contrary, presumed to have been issued on the date that it bears.
Notice (4) No document referred to in this section may be received in evidence unless the party intending to produce it has provided reasonable notice of that intention to the party against whom it is intended to be produced together with a copy of the document.
Notice to shareholders 151 If a corporation that has shareholders is convicted
of an offence under this Act, the court must make an order directing the corporation to notify its shareholders, in the manner and within the time directed by the court, of the facts relating to the commission of the offence and of the details of the punishment imposed.
Publication Power 152 The Agency must publish, in the manner it considers appropriate, (a) information or a document provided by a proponent to comply with a condition established under section 64 or added or amended under section 68;
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(b) a summary of a report that an enforcement officer
or analyst may prepare in the exercise of their powers or the performance of their duties and functions under sections 122 to 125; (c) a notice of non-compliance referred to in section 126; (d) a written order issued by an enforcement officer in accordance with section 127 or by a review officer under section 134; or (e) a decision rendered under section 135.
Impact Assessment Agency of Canada Agency continued 153 (1) The Canadian Environmental Assessment Agency is continued as the Impact Assessment Agency of Canada. The Impact Assessment Agency must advise and assist the Minister in exercising the powers and performing the duties and functions conferred on him or her by this Act. Minister’s responsibility (2) The Minister is responsible for the Agency. The Minister may not, except as provided in this Act, direct the President of the Agency or its employees, or any review panel members, with respect to a report, decision, order or recommendation to be made under this Act.
Delegation to Agency 154 (1) The Minister may, subject to any terms and conditions that the Minister specifies, delegate to an officer or employee of the Agency any of the powers, duties and functions that the Minister is authorized to exercise or perform under this Act. Restriction (2) However, the Minister is not authorized to delegate a power to make regulations or a power to delegate under subsection (1).
Agency’s objects 155 The Agency’s objects are (a) to conduct or administer impact assessments and
administer any other requirements and procedures established by this Act and the regulations;
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(b) to coordinate — during the period that begins on
the day on which a copy of the description of the project referred to in subsection 10(1) is posted on the Internet site, and that ends on the day on which the decision statement in respect of the project is issued — consultations with Indigenous groups that may be affected by the carrying out of a designated project; (c) to promote harmonization in relation to the assessment of effects across Canada at all levels of government; (d) to promote or conduct research in matters of impact assessment and to encourage the development of impact assessment techniques and practices, including testing programs, alone or in cooperation with other agencies or organizations; (e) to promote impact assessment in a manner that is
consistent with the purposes of this Act; (f) to promote, monitor and facilitate compliance with
this Act; (g) to promote and monitor the quality of impact assessments conducted under this Act; (h) to develop policy related to this Act; and (i) to engage in consultation with the Indigenous peoples of Canada on policy issues related to this Act.
Agency’s duties 156 (1) In carrying out its objects, the Agency must (a) provide support for review panels and any committees established under section 92 or under an agreement or arrangement entered into under paragraph 93(1)(a) or (b); (b) provide, on the Minister’s request, administrative
support for any research and advisory body established under paragraph 114(1)(b); and (c) provide information or training to facilitate the application of this Act. Agency’s powers (2) In carrying out its objects, the Agency may (a) undertake studies or activities or conduct research relating to impact assessment;
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(b) advise persons and organizations on matters relating to the assessment of effects; (c) issue guidelines and codes of practice; (d) negotiate agreements or arrangements referred to in paragraphs 114(1)(c) to (f) on the Minister’s behalf; and (e) establish research and advisory bodies for matters related to impact assessment and monitoring committees for matters related to the implementation of follow-up programs and adaptive management plans, including with respect to the interests and concerns of Indigenous peoples of Canada, and appoint as a member of any such bodies one or more persons.
Expert committee 157 (1) The Agency must establish an expert committee to advise it on issues related to impact assessments and regional and strategic assessments, including scientific, environmental, health, social or economic issues.
Appointment (2) The Agency may appoint any person with relevant
knowledge or experience as a member of the expert committee. The membership of the committee must include at least one Indigenous person. Publication (3) The Agency must post on the Internet site all advice it receives from the expert committee.
Advisory committee — interests and concerns of Indigenous peoples 158 (1) The Agency must establish an advisory committee to advise it with respect to the interests and concerns of the Indigenous peoples of Canada in relation to assessments to be conducted under this Act.
Appointment (2) The Agency may appoint any person with relevant
knowledge or experience as a member of the advisory committee. Membership (2.1) The membership of the committee must include at
least (a) one person recommended by an Indigenous governing body or other entity that represents the interests of First Nations;
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(b) one person recommended by an Indigenous governing body or other entity that represents the interests of the Inuit; and (c) one person recommended by an Indigenous governing body or other entity that represents the interests of the Métis. Publication (3) The Agency must post on the Internet site all advice
it receives from the advisory committee. Using government facilities 159 In exercising its powers and performing its duties and functions under this Act, the Agency must, when appropriate, make use of the services and facilities of departments, boards and agencies of the Government of Canada.
President 160 (1) The Governor in Council appoints an officer to be the President of the Agency, to hold office during pleasure, who is, for the purposes of this Act, a deputy of the Minister.
President — chief executive officer (2) The President is the Agency’s chief executive officer, and may exercise all of the Minister’s powers under this Act as authorized by the Minister.
Acting President — Executive Vice-president (3) Subject to subsection (5), in the event of the absence
or incapacity of the President or a vacancy in that office, the Executive Vice-president acts as, and exercises the powers of, the President in the interim. Acting President — other person (4) Subject to subsection (5), the Minister may appoint a person other than the Executive Vice-president to act as the President in the interim.
Governor in Council’s approval required (5) The Executive Vice-president, or a person appointed under subsection (4), must not act as the President for a period exceeding 90 days without the Governor in Council’s approval.
Executive Vice-president 161 (1) The Governor in Council may appoint an officer
to be the Executive Vice-president of the Agency and to hold office during pleasure.
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Powers, duties and functions (2) The Executive Vice-president must exercise any powers and perform any duties and functions that the President may assign. Remuneration 162 The President and the Executive Vice-president are
to be paid any remuneration that the Governor in Council may fix. Appointment under Public Service Employment Act 163 The employees who are necessary to carry out the
Agency’s work are to be appointed in accordance with the Public Service Employment Act. Head office 164 The head office of the Agency is to be in the National Capital Region as described in the schedule to the National Capital Act. Contracts, etc., binding on Her Majesty 165 (1) Every contract, memorandum of understanding and arrangement entered into by the Agency in its own name is binding on Her Majesty in right of Canada to the same extent as it is binding on the Agency.
Legal proceedings (2) Actions, suits or other legal proceedings in respect of
any right or obligation acquired or incurred by the Agency, whether in its own name or in the name of Her Majesty in right of Canada, may be brought or taken by or against the Agency in its own name in any court that would have jurisdiction if the Agency were a corporation that is not an agent of Her Majesty.
Annual Report Annual report to Parliament 166 (1) The Minister must, at the end of each fiscal
year, prepare a report on the Agency’s activities and the administration and implementation of this Act during the previous fiscal year. Tabling in Parliament (2) The Minister must, during the fiscal year after the fiscal year for which the report is prepared, cause the report to be laid before each House of Parliament.
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Review of Act Review of Act after 10 years 167 Ten years after the day on which this Act comes into force, a comprehensive review of the provisions and operation of the Act is to be undertaken by the committee of the Senate, of the House of Commons or of both Houses of Parliament that is designated or established by the Senate or the House of Commons, or by both Houses of Parliament, as the case may be, for that purpose.
Transitional Provisions Definitions 168 The following definitions apply in this section and
sections 169 to 188. 1992 Act means the Canadian Environmental Assessment Act. (Loi de 1992) 2012 Act means the Canadian Environmental Assessment Act, 2012. (Loi de 2012) environmental assessment has the same meaning as in subsection 2(1) of the 2012 Act. (évaluation environnementale) former Agency means the Canadian Environmental Assessment Agency continued under section 103 of the 2012 Act. (ancienne Agence) President of former Agency 169 The person who holds the office of President of the
former Agency immediately before the day on which this Act comes into force continues in office as the President of the Agency until the expiry or revocation of the appointment. Executive Vice-president of former Agency 170 The person who holds the office of Executive Vicepresident of the former Agency immediately before the day on which this Act comes into force continues in office as the Executive Vice-president of the Agency until the expiry or revocation of the appointment. Employment continued 171 (1) Nothing in this Act is to be construed to affect the status of an employee who, immediately before the day on which this Act comes into force, occupies a position in the former Agency, except that the employee, on that day, occupies their position in the Agency.
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Definition of employee (2) For the purposes of this section, employee has the same meaning as in subsection 2(1) of the Public Service Employment Act.
References 172 Every reference to the former Agency in any deed,
contract, agreement or other document executed, or in Quebec, signed, by the former Agency in its own name is, unless the context otherwise requires, to be read as a reference to the Agency. Transfer of rights and obligations 173 All rights and property of the former Agency and of
Her Majesty in right of Canada that are under the administration and control of the former Agency and all obligations of the former Agency are transferred to the Agency. Commencement of legal proceedings 174 Any action, suit or other legal proceeding in respect
of an obligation or liability incurred by the former Agency may be brought against the Agency in any court that would have had jurisdiction if the action, suit or other legal proceeding had been brought against the former Agency. Continuation of legal proceedings 175 Any action, suit or other legal proceeding to which
the former Agency is party that is pending in any court immediately before the day on which this Act comes into force may be continued by or against the Agency in the same manner and to the same extent as it could have been continued by or against the former Agency. Appropriations 176 Any amount that is appropriated by an Act of Parliament for the fiscal year in which this Act comes into force to defray the expenditures of the former Agency and that is unexpended on the day on which this Act comes into force is deemed to be an amount appropriated to defray the expenditures of the Agency. Persons designated 177 A person or class of persons who are designated under subsection 89(1) of the 2012 Act, immediately before the day on which this Act comes into force, are deemed to have been designated as enforcement officers under subsection 120(1) of this Act.
Screenings commenced under 1992 Act 178 Any screening of a project commenced under the 1992 Act in respect of which the responsible authority has
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not, before the day on which this Act comes into force, taken a course of action under section 20 of that Act is terminated. Comprehensive studies commenced under 1992 Act 179 (1) Any comprehensive study of a project commenced under the 1992 Act in respect of which the former Agency has not, before the day on which this Act comes into force, published a notice under subsection 22(1) of that Act is terminated.
Comprehensive studies continued under 2012 Act (2) Any comprehensive study of a project commenced
under the 1992 Act in respect of which the former Agency has, before the day on which this Act comes into force, published a notice under subsection 22(1) of that Act is continued as an environmental assessment by the Agency under the 2012 Act as if the 2012 Act had not been repealed. Comprehensive studies subject to subsection 125(7) of 2012 Act (3) Any comprehensive study of a project that was the
subject of an order made by the Minister under subsection 125(7) of the 2012 Act before the day on which this Act comes into force is continued as an environmental assessment under the 2012 Act as if that Act had not been repealed. Screenings under 2012 Act 180 If the proponent of a designated project provided
the former Agency with a description of the designated project under subsection 8(1) of the 2012 Act and the former Agency has not, before the day on which this Act comes into force, posted a notice under section 12 of the 2012 Act of its decision with respect to the designated project, the screening is terminated. The description of the designated project that was provided under subsection 8(1) of the 2012 Act is deemed to be an initial description of the project provided under subsection 10(1) of this Act on the day on which this Act comes into force.
Environmental assessments by former Agency under 2012 Act 181 (1) Any environmental assessment of a designated project by the former Agency commenced under the 2012 Act before the day on which this Act comes into force, in respect of which the former Agency has posted the notice
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of commencement under section 17 of the 2012 Act before that day, is continued under the 2012 Act as if that Act had not been repealed.
Information or studies (2) The proponent of a designated project referred to in subsection (1) must provide the Agency with any information or studies required by the Agency or the former Agency under subsection 23(2) of the 2012 Act within three years after the day on which this Act comes into force.
Extension of time limit (2.1) At the proponent’s request, the Agency may, before
the time limit referred to in subsection (2) has expired, extend the time limit by any period that is necessary for the proponent to provide the Agency with the information or studies. Termination of environmental assessment (3) If the proponent fails to provide the information or
studies within the time limit referred to in subsection (2) or within any extension of that time limit, the environmental assessment is terminated. The Agency must post a notice of the termination on the Internet site. Request of proponent (4) Despite subsection (1), at the request of the proponent of a designated project referred to in that subsection that is made within 60 days after the day on which this Act comes into force, the Agency may offer to continue the environmental assessment as an impact assessment under this Act by providing, within 90 days after the day on which the request is made, the proponent with (a) a written direction that sets out any information
and studies that the Agency considers necessary for it to conduct the impact assessment, other than any information and studies already provided by the proponent with respect to the environmental assessment; and (b) the documents referred to in paragraph 18(1)(b).
The Agency must post a copy of the written direction on the Internet site.
Public comments (4.1) Before continuing an environmental assessment as
an impact assessment under subsection (4), the Agency must ensure that the public and any Indigenous group that may be affected by the carrying out of the designated project are provided with an opportunity to participate
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meaningfully in the preparation of the offer by inviting them to provide comments, within the period that the Agency specifies, on any information and studies that are necessary to conduct the impact assessment and on the contents of the documents referred to in paragraph 18(1)(b) that are to be provided to the proponent. Acceptance (4.2) If, within 60 days after the day on which the Agency provides the proponent with the written direction and documents referred to in subsection (4), the proponent provides the Agency with written notice that they accept the offer made under that subsection, (a) the environmental assessment is continued as an
impact assessment under this Act; and (b) the direction is deemed to be a notice of commencement provided under paragraph 18(1)(a) and is deemed to have been posted on the Internet site on the day on which the proponent provided the Agency with the notice of acceptance. No review panel (4.3) Despite subsection 36(1), the Minister is not permitted to refer an impact assessment referred to in paragraph (4.2)(a) to a review panel.
Exception (5) This section does not apply to an environmental assessment of a project that was the subject of an order made by the Minister under subsection 125(7) of the 2012 Act. Environmental assessments by other responsible authorities 182 Any environmental assessment of a designated
project by the Canadian Nuclear Safety Commission or the National Energy Board commenced under the 2012 Act, in respect of which a decision statement has not been issued under section 54 of the 2012 Act before the day on which this Act comes into force, is continued under the 2012 Act as if that Act had not been repealed.
Environmental assessments by National Energy Board 182.1 Any environmental assessment of a designated project by the National Energy Board commenced under the 2012 Act, in respect of which a decision statement has not been issued under section 31 of the 2012 Act before the day on which this Act comes into force, is continued under the 2012 Act as if that Act had not been repealed.
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Environmental assessments referred to review panel 183 (1) Any environmental assessment of a designated project referred to a review panel under section 38 of the 2012 Act before the day on which this Act comes into force is continued under the 2012 Act as if that Act had not been repealed.
Request of proponent (2) Despite subsection (1), on request made to the Minister by the proponent of a designated project referred to in that subsection, the environmental assessment is continued as an impact assessment under this Act as if the impact assessment had been referred by the Minister to a review panel under subsection 36(1) of this Act.
Rules concerning review panels (3) The following rules apply in respect of an impact assessment referred to in subsection (2): (a) if, before the day on which this Act comes into force, a review panel was established under subsection 42(1) of the 2012 Act, that review panel is deemed to have been established — and its members are deemed to have been appointed — under section 41 of this Act; (b) if, before that day, an agreement or arrangement
was entered into under section 40 of the 2012 Act, that agreement or arrangement is deemed to have been entered into under section 39 of this Act; and (c) if, before that day, a review panel was established by an agreement or arrangement entered into under section 40 of the 2012 Act or by document referred to in subsection 41(2) of the 2012 Act, it is deemed to have been established by — and its members are deemed to have been appointed under — an agreement or arrangement entered into under section 39 of this Act or by document referred to in subsection 40(2) of this Act.
Decision statements issued under 2012 Act 184 A decision statement issued by the Minister under
subsection 54(1) of the 2012 Act is deemed to be a decision statement issued under subsection 65(1) of this Act, other than for the purposes of section 70 of this Act. Substitution 185 The environmental assessment of a designated
project commenced under the 2012 Act before the day on which this Act comes into force for which the Minister has, before that date, approved the substitution of a
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process under section 32 of the 2012 Act is continued as if the 2012 Act had not been repealed. Non-application of this Act 185.1 (1) This Act does not apply to a designated
project, as defined in subsection 2(1) of the 2012 Act, that is a designated project, as defined in section 2 of this Act, if the former Agency determined that no environmental assessment was required under the 2012 Act or that section 128 of that Act applied to the project.
Non-application of this Act (2) This Act does not apply to a designated project, as defined in section 2 of this Act, that is not a designated project, as defined in subsection 2(1) of the 2012 Act, if one of the following conditions applies: (a) the proponent began the carrying out of the project before the day on which this Act comes into force; (b) a federal authority, as defined in subsection 2(1) of the 2012 Act, exercised a power or performed a duty or function conferred on it under any Act of Parliament, other than this Act, that could permit the project to be carried out, in whole or in part; (c) an environmental assessment of the project was
commenced or completed before the day on which this Act comes into force by a jurisdiction other than a federal authority, as those terms are defined in subsection 2(1) of the 2012 Act. Unpaid costs 186 If the proponent of a designated project has not paid any costs or amounts referred to in section 59 of the 2012 Act that were due more than 90 days before the day on which this Act comes into force, the Agency is authorized, despite any other provision of the 2012 Act or this Act, to not commence any preparations for a possible impact assessment of any designated project the proponent proposes to carry out on or after the day on which this Act comes into force until the proponent pays the costs or amounts.
Privileged evidence, documents or things 187 The evidence, documents or things that, before the
day on which this Act comes into force, are privileged under subsection 45(4) or (5) of the 2012 Act are considered to be privileged under subsection 53(4) or (5), respectively, of this Act.
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Regional studies commenced under 2012 Act 187.1 (1) A study referred to in subsection 73(1) or
74(1) of the 2012 Act that was commenced under that Act but was not completed before the day on which this Act comes into force is continued as an assessment referred to in section 92 or 93, respectively, of this Act.
Report provided under 2012 Act (2) A report referred to in section 75 of the 2012 Act is deemed to be a report referred to in subsection 102(1) of this Act that is provided to the Minister on completion of an assessment referred to in section 92 or 93 of this Act.
Regulations 188 The Governor in Council may make any regulations
that the Governor in Council considers necessary to provide for any other transitional matter arising from the coming into force of this Act.
Amendments to the Impact Assessment Act 2 (1) The definition review panel in section 2 of the Impact Assessment Act is amended by adding the following after paragraph (b): (b.1) under subsection 46.1(1); (2) The definition review panel in section 2 of the
Act is amended by adding the following after paragraph (c): (c.1) under subsection 48.1(1); (3) Section 2 of the Act is amended by adding the following in alphabetical order:
Canada-Nova Scotia Offshore Petroleum Board has the meaning assigned by the definition Board in section 2 of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act. (Office Canada Nouvelle-Écosse des hydrocarbures extracôtiers) (4) Section 2 of the Act is amended by adding the following in alphabetical order:
Canada–Newfoundland and Labrador Offshore Petroleum Board has the meaning assigned by the definition Board in section 2 of the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act.
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(Office Canada — Terre-Neuve-et-Labrador des hydrocarbures extracôtiers) 3 (1) Subsection 39(2) of the Act is amended by adding the following after paragraph (a): (a.1) the Canada-Nova Scotia Offshore Petroleum Board if the designated project includes physical activities that are regulated under the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act; (2) Subsection 39(2) of the Act is amended by
adding the following after paragraph (b): (c) the Canada-Newfoundland and Labrador Offshore
Petroleum Board if the designated project includes physical activities that are regulated under the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act. 4 (1) Subsection 41(2) of the Act is amended by adding the following after paragraph (b): (b.1) section 46.1; (2) Subsection 41(2) of the Act is amended by adding the following after paragraph (c): (d) section 48.1. 5 (1) Section 43 of the Act is amended by adding
the following after paragraph (a): (a.1) the Canada-Nova Scotia Offshore Petroleum
Resources Accord Implementation Act; (2) Section 43 of the Act is amended by adding the
following after paragraph (b): (c) the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act. 6 The Act is amended by adding the following after section 46:
Terms of reference — Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act 46.1 (1) When the Minister refers an impact assessment
of a designated project that includes activities regulated under the Canada-Nova Scotia Offshore Petroleum
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Resources Accord Implementation Act to a review panel, the Minister must — within 45 days after the day on which the notice referred to in subsection 19(4) with respect to the designated project is posted on the Internet site — establish the panel’s terms of reference in consultation with the Chairperson of the Canada-Nova Scotia Offshore Petroleum Board and the Agency must, within the same period, appoint the chairperson and at least four other members. Appointment of members (2) The persons appointed to the review panel under subsection (1) must be unbiased and free from any conflict of interest relative to the designated project and must have knowledge or experience relevant to the designated project’s anticipated effects or have knowledge of the interests and concerns of the Indigenous peoples of Canada that are relevant to the assessment.
Appointment from roster (3) At least two of the persons appointed under subsection (1) must be appointed from a roster established under paragraph 50(b.1), on the recommendation of the Chairperson of the Canada-Nova Scotia Offshore Petroleum Board. Not majority (4) The persons appointed from the roster must not constitute a majority of the members of the panel. 7 The Act is amended by adding the following after section 48: Terms of reference — Canada–Newfoundland and Labrador Atlantic Accord Implementation Act 48.1 (1) When the Minister refers an impact assessment
of a designated project that includes activities regulated under the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act to a review panel, the Minister must — within 45 days after the day on which the notice referred to in subsection 19(4) with respect to the designated project is posted on the Internet site — establish the panel’s terms of reference in consultation with the Chairperson of the Canada–Newfoundland and Labrador Offshore Petroleum Board and the Agency must, within the same period, appoint the chairperson and at least four other members. Appointment of members (2) The persons appointed to the review panel under subsection (1) must be unbiased and free from any conflict of interest relative to the designated project and must have knowledge or experience relevant to the
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designated project’s anticipated effects or have knowledge of the interests and concerns of the Indigenous peoples of Canada that are relevant to the assessment.
Appointment from roster (3) At least two of the persons appointed under subsection (1) must be appointed from a roster established under paragraph 50(d), on the recommendation of the Chairperson of the Canada–Newfoundland and Labrador Offshore Petroleum Board. Not majority (4) The persons appointed from the roster must not constitute a majority of the members of the panel. 8 (1) Paragraph 50(a) of the Act is amended by
adding the following after subparagraph (ii): (ii.1) subsection 46.1(1), (2) Paragraph 50(a) of the Act is amended by adding the following after subparagraph (iii): (iii.1) subsection 48.1(1); (3) Section 50 of the Act is amended by adding the
following after paragraph (b): (b.1) a roster consisting of persons who may be appointed as members of a review panel established under subsection 46.1(1) and (i) who are members of the Canada-Nova Scotia Offshore Petroleum Board and who are selected by the Minister after consultation with the Minister of Natural Resources, or (ii) who are selected by the Minister after consultation with the Board and the Minister of Natural Resources; (4) Section 50 of the Act is amended by adding the
following after paragraph (c): (d) a roster consisting of persons who may be appointed as members of a review panel established under subsection 48.1(1) and (i) who are members of the Canada–Newfoundland and Labrador Petroleum Board and who are selected by the Minister after consultation with the Minister of Natural Resources, or
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(ii) who are selected by the Minister after consultation with the Board and the Minister of Natural Resources.
8.1 (1) Subsection 61(1.1) of the Act is amended by adding the following after paragraph (a): (a.1) in the case of a report prepared by a review panel established under subsection 46.1(1), the Minister of Natural Resources; (2) Subsection 61(1.1) of the Act is amended by adding the following after paragraph (b): (c) in the case of a report prepared by a review panel
established under subsection 48.1(1), the Minister of Natural Resources.
Repeal Repeal 9 The Canadian Environmental Assessment Act, 2012, section 52 of chapter 19 of the Statutes of Canada, 2012, is repealed.
PART 2
Canadian Energy Regulator Act Enactment of Act Enactment 10 The Canadian Energy Regulator Act is enacted as follows:
An Act to establish the Canadian Energy Regulator Preamble Whereas the Government of Canada is establishing an independent energy regulatory body that is responsible for ensuring that pipeline, power line and offshore renewable energy projects within Parliament’s jurisdiction are constructed, operated and abandoned in a safe and secure manner that protects people, property and the environment;
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Whereas the Government of Canada is of the opinion that the body should be reflective and respectful of the diversity of Canada, including with respect to the Indigenous peoples of Canada, and of its regional diversity and bilingual nature; Whereas the Government of Canada is committed to enhancing Canada’s global competitiveness by building a system that enables decisions to be made in a predictable and timely manner, providing certainty to investors and stakeholders, driving innovation and enabling the carrying out of sound projects that create jobs for Canadians; Whereas the Government of Canada is committed to achieving reconciliation with First Nations, the Métis and the Inuit through renewed nation-to-nation, government-to-government and Inuit-Crown relationships based on recognition of rights, respect, co-operation and partnership; Whereas the Government of Canada is committed to implementing the United Nations Declaration on the Rights of Indigenous Peoples; Whereas the Government of Canada is committed to using transparent processes that are built on early engagement and inclusive participation and under which the best available scientific information and data as well as Indigenous knowledge are taken into account in decision-making; And whereas the Government of Canada is committed to assessing how groups of women, men and gender-diverse people may experience policies, programs and projects and to taking actions that contribute to an inclusive and democratic society and allow all Canadians to participate fully in all spheres of their lives;
Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Short Title Short title 1 This Act may be cited as the Canadian Energy Regulator Act.
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Interpretation Definitions 2 The following definitions apply in this Act.
abandoned facility means an abandoned pipeline or an abandoned offshore facility. (installation abandonnée) abandoned offshore facility means any facility, equipment, system or offshore power line that has been abandoned in accordance with an authorization issued under Part 5. (installation extracôtière abandonnée) abandoned pipeline means a pipeline the operation of which has been abandoned in accordance with an order under subsection 241(1) and that remains in place. (pipeline abandonné) Chief Executive Officer means the Chief Executive Officer appointed under subsection 21(1). (président-directeur général) company includes (a) a person having authority under a Special Act to
construct or operate a pipeline; and (b) a body corporate incorporated or continued under
the Canada Business Corporations Act or an Act of the legislature of a province and not discontinued under the Act in question. (compagnie) designated officer means an employee of the Regulator designated under section 24. (responsable désigné) export means, in relation to (a) electricity, to send from a place in Canada by a line
of wire or other conductor electricity produced in Canada; (b) oil, (i) to export within the meaning of any provision of the Energy Administration Act that defines export for the purposes of any charge imposed under that Act in relation to fuel for use by an aircraft or a vessel, (ii) to send or take, by any means, from a place in
Canada, or (iii) to send or take, by any means, to a place outside Canada from any area of land, not within a province, that belongs to Her Majesty in right of Canada or in respect of which Her Majesty in right
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of Canada has the right to dispose of or exploit the natural resources and that is situated in submarine areas in the internal waters of Canada, the territorial sea of Canada or the continental shelf of Canada; or (c) gas, to effect any one of the operations referred to in subparagraph (b)(ii) or (iii). (exportation)
gas means (a) any hydrocarbon or mixture of hydrocarbons that, at a temperature of 15°C and a pressure of 101.325 kPa, is in a gaseous state; or (b) any substance designated as a gas product by regulations made under section 390. (gaz) ground disturbance means a ground disturbance other than one that (a) is caused by any activity that is specified in the orders or regulations made in respect of pipelines under section 335 or made in respect of international or interprovincial power lines under section 275; (b) is, in relation to a pipeline, caused by cultivation to a depth of less than 45 cm below the surface of the ground; or (c) is, in relation to a pipeline, caused by any other activity to a depth of less than 30 cm and that does not result in a reduction of the earth cover over the pipeline to a depth that is less than the cover provided when the pipeline was constructed. (remuement du sol)
hydrocarbon means a hydrocarbon other than coal. (hydrocarbure) import means, in relation to gas or oil, to bring into Canada through pipelines, by railway tank car, by tank truck or by tanker. (importation) Indigenous governing body means a council, government or other entity that is authorized to act on behalf of an Indigenous group, community or people that holds rights recognized and affirmed by section 35 of the Constitution Act, 1982. (corps dirigeant autochtone) Indigenous knowledge means the Indigenous knowledge of the Indigenous peoples of Canada. (connaissances autochtones) Indigenous organization means an Indigenous governing body or any other entity that represents the interests
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of an Indigenous group and its members. (organisation autochtone) Indigenous peoples of Canada has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982. (peuples autochtones du Canada) inspection officer means a person designated under subsection 102(1). (inspecteur) international power line means facilities that are constructed or operated for the purpose of transmitting electricity from a place in Canada to a place outside Canada or from a place outside Canada to a place in Canada. It does not however include an offshore power line. (ligne internationale de transport d’électricité ou ligne internationale) interprovincial power line means facilities that are constructed or operated for the purpose of transmitting electricity from a place in a province to a place in another province. (ligne interprovinciale de transport d’électricité ou ligne interprovinciale) land registrar means an officer with whom titles, rights or interests relating to real property or immovables are registered or recorded. (directeur de l’enregistrement) lands includes real property and any interest or right in real property or land and, in Quebec, any immovable, any right in an immovable and the right of a lessee in respect of any immovable. Those interests or rights may be in, to, on, under, over or in respect of the lands. (terrains) Minister means the member of the Queen’s Privy Council for Canada designated under section 8. (ministre) navigable water has the same meaning as in section 2 of the Canadian Navigable Waters Act. (eaux navigables) offshore area means (a) the part of the internal waters of Canada or of the territorial sea of Canada that is not situated in (i) a province other than the Northwest Territories,
or (ii) the onshore, as defined in section 2 of the Northwest Territories Act; and (b) the continental shelf of Canada and the waters superjacent to the seabed of that shelf. (zone extracôtière)
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offshore power line means facilities constructed or operated for the purpose of transmitting electricity from an offshore renewable energy project to a province or a place outside Canada. (ligne extracôtière) offshore renewable energy project means any of the following that are carried on in the offshore area: (a) any research or assessment conducted in relation
to the exploitation or potential exploitation of a renewable resource to produce energy; (b) any exploitation of a renewable resource to produce energy; (c) any storage of energy produced from a renewable resource; or (d) any transmission of such energy, other than the transmission of electricity to a province or a place outside Canada. (projet d’énergie renouvelable extracôtière)
oil means (a) any hydrocarbon or mixture of hydrocarbons other
than gas; or (b) any substance designated as an oil product by regulations made under section 390. (pétrole)
penalty means an administrative monetary penalty imposed under this Act for a violation. (pénalité) pipeline means a line — including all branches, extensions, tanks, reservoirs, storage or loading facilities, pumps, racks, compressors, interstation communication systems, real or personal property, or immovable or movable, and any connected works — that connects at least two provinces or extends beyond the limits of a province, Sable Island or an area referred to in paragraph (c) of the definition designated area in section 368 and that is used or is to be used for the transmission of oil, gas or any other commodity. It does not however include a sewer or water pipeline that is used or is to be used solely for municipal purposes. (pipeline) power line means an international power line, an interprovincial power line or an offshore power line. (ligne de transport d’électricité) regulated facility means a pipeline, an international power line, an interprovincial power line designated by an order made under section 261, an offshore power line, or any facility, equipment or system that is related to an
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offshore renewable energy project. (installation réglementée) Regulator means the corporation established under subsection 10(1). (Régie) Special Act means (a) an Act of Parliament that authorizes a person
named in the Act to construct or operate a pipeline or that is enacted with special reference to a pipeline that, by such an Act, a person is authorized to construct or operate; and (b) letters patent issued under section 5.1 or 5.4 of the Canada Corporations Act, chapter C-32 of the Revised Statutes of Canada, 1970, except for the purpose of paragraph 342(b) of this Act. (loi spéciale)
toll includes any rate, charge or allowance charged or made (a) for the shipment, transportation, transmission,
care, handling or delivery of hydrocarbons or of another commodity that is transmitted through a pipeline, or for storage or demurrage, or the like; (b) for the provision of a pipeline when the pipeline is available and ready to provide for the transmission of oil or gas; and (c) in respect of the purchase and sale of gas that is the property of a company and that is transmitted by the company through its pipeline, excluding the cost to the company of the gas at the point where it enters the pipeline. (droit)
Rights of Indigenous peoples of Canada 3 For greater certainty, nothing in this Act is to be construed as abrogating or derogating from the protection provided for the rights of the Indigenous peoples of Canada by the recognition and affirmation of those rights in section 35 of the Constitution Act, 1982. Application — Special Act lands 4 A provision of this Act or a regulation made under it
that applies to lands also applies to lands referred to in a Special Act.
Powers of liquidators, trustees, etc. 5 (1) For the purposes of this Act, each of the following is considered to be a company:
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(a) a liquidator, receiver or manager of the property of
a company, appointed by a court of competent jurisdiction to carry on the business of the company; (b) a trustee — or the holder of a power of attorney
within the meaning of the Civil Code of Québec — for the holders of bonds, debentures, debenture stock or other evidence of indebtedness of the company, secured under a trust deed, an act constituting a hypothec within the meaning of the Civil Code of Québec or other instrument or act, on or against the property of the company, if the trustee or holder is authorized by the instrument or act to carry on the business of the company; and (c) a person, other than a company, (i) operating a pipeline constructed before October
1, 1953, or (ii) constructing,
operating or abandoning a pipeline exempted from subsection 179(1) by an order made by the Commission under subsection 214(1). Administrator in Quebec (2) In Quebec, the administrator of the property of the
company appointed by a court of competent jurisdiction to carry on the business of the company is also considered to be the company. Successor or assign — abandoned pipeline (3) For the purposes of this Act, a successor or assign of
a company is considered to be a company for any matter relating to an abandoned pipeline.
Purpose Purpose of Act 6 The purpose of this Act is to regulate certain energy
matters within Parliament’s jurisdiction and, in particular, (a) to ensure that pipelines and power lines as well as
facilities, equipment or systems related to offshore renewable energy projects, are constructed, operated and abandoned in a manner that is safe, secure and efficient and that protects people, property and the environment; (b) to ensure that the exploration for and exploitation of oil and gas, as defined in section 2 of the Canada Oil and Gas Operations Act, is carried out in a manner
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that is safe and secure and that protects people, property and the environment; (c) to regulate trade in energy products; and (d) to ensure that regulatory hearings and decisionmaking processes related to those energy matters are fair, inclusive, transparent and efficient.
General Binding on Her Majesty 7 This Act is binding on Her Majesty in right of Canada or a province.
Order designating Minister 8 The Governor in Council may, by order, designate any
member of the Queen’s Privy Council for Canada to be the Minister for the purposes this Act.
PART 1
Canadian Energy Regulator Definition of document of authorization 9 In this Part, document of authorization means a certificate issued under Part 3 or 4, a permit issued under Part 4 or 7, an authorization issued under Part 5, a licence issued under Part 7 or an order made under section 214.
Establishment and Mandate Canadian Energy Regulator 10 (1) A corporation is established to be called the
Canadian Energy Regulator. Agent of Her Majesty (2) The Regulator is for all purposes an agent of Her Majesty in right of Canada.
Head office and other offices (3) The head office of the Regulator is to be in Calgary,
Alberta. The Regulator’s Chief Executive Officer may open or close other offices after consulting the board of directors.
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For greater certainty (4) For greater certainty, the opening or closing of an office does not change the conditions of appointment of a director or commissioner.
Mandate 11 The Regulator’s mandate includes (a) making transparent decisions, orders and recommendations with respect to pipelines, power lines, offshore renewable energy projects and abandoned pipelines; (b) overseeing the construction, operation and abandonment of pipelines, interprovincial power lines and international power lines and overseeing work and activities authorized under Part 5 as well as abandoned facilities; (c) making orders with respect to traffic, tolls and tariffs and overseeing matters relating to traffic, tolls and tariffs; (d) making decisions and orders and giving directions under Part 8 with respect to oil and gas interests, production and conservation; (e) advising and reporting on energy matters; (f) providing alternative dispute resolution processes; (g) exercising powers and performing duties and
functions that are conferred on the Regulator under any other Act of Parliament; and (h) exercising its powers and performing its duties
and functions in a manner that respects the Government of Canada’s commitments with respect to the rights of the Indigenous peoples of Canada.
Jurisdiction — Inuvialuit Settlement Region 12 (1) Until March 31, 2034, the Regulator is to be the regulator — under any law of the Legislature of the Northwest Territories that is made under paragraph 19(1)(a), (b) or (c) of the Northwest Territories Act — in respect of that portion of the Inuvialuit Settlement Region, as defined in section 2 of the Canada Oil and Gas Operations Act, that is situated in the onshore as defined in section 2 of the Northwest Territories Act.
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Successive periods and termination (2) After March 31, 2034, the Government of Canada and
the Government of the Northwest Territories may agree that the Regulator is to continue to be the regulator for one or more periods of 20 years each; they may also, before the expiry of each successive period, agree to its earlier termination.
Governor in Council directions 13 (1) The Governor in Council may, by order, give to
the Regulator directions of general application on broad policy matters with respect to the Regulator’s mandate. Directions binding (2) An order made under subsection (1) is binding on the Regulator.
Publication and tabling (3) A copy of each order made under subsection (1) must
be published in the Canada Gazette and tabled in each House of Parliament.
Board of Directors Establishment and composition 14 (1) The Regulator is to have a board of directors consisting of at least five but not more than nine directors, including a Chairperson and a Vice-Chairperson.
Indigenous representation (2) At least one of the directors must be an Indigenous
person. Appointment 15 (1) The Chairperson, Vice-Chairperson and the other
directors are to be appointed by the Governor in Council to hold office on a part-time basis and during pleasure for a term not exceeding five years. Reappointment (2) A director may be reappointed in the same or another capacity for one or more terms of up to five years each.
Eligibility — directors (3) A person is not eligible to be a director if they are the
Chief Executive Officer, a commissioner or an employee of the Regulator.
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Eligibility — Chairperson and Vice-Chairperson (4) A person is not eligible to be Chairperson or ViceChairperson unless they are a Canadian citizen or permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act.
Remuneration and expenses (5) A director is to be paid the remuneration that is fixed
by the Governor in Council and is entitled to be paid reasonable travel and other expenses while performing their duties and functions under this Act while absent from their ordinary place of residence. Conflict of Interest Act 16 For the purposes of the Conflict of Interest Act, the
circumstances in which a director is in a conflict of interest while exercising the powers or performing the duties and functions of a director include (a) engaging in, as owner, shareholder, director, officer, partner or in any other way, the business of producing, selling, buying, transmitting, exporting, importing or otherwise dealing in hydrocarbons, electricity or offshore energy; (b) holding any bond, debenture or other security of a corporation engaged in any such business; and (c) holding other employment that is inconsistent
with their powers, duties and functions or with any provision of this Act or a regulation made under it.
Role of the board of directors 17 (1) The board of directors is responsible for the governance of the Regulator and its governance functions include providing strategic direction and advice to the Regulator. The board of directors must not however give directions or provide advice with respect to any particular decision, order or recommendation that is made by the Commission or a commissioner.
By-laws (2) The board of directors may make by-laws respecting
the conduct of its meetings and the general conduct of its activities. Quorum (3) A majority of the directors holding office, including the Chairperson, constitutes a quorum of the board of directors.
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Annual report 18 (1) The board of directors must, within 120 days after the end of each fiscal year, submit to the Minister a report on the Regulator’s activities under this Act for that fiscal year, and the Minister must cause the report to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the day on which the report is received.
Other reports (2) The board of directors may submit a report to the Minister on the Regulator’s activities if the board considers it appropriate to do so.
Definition of fiscal year (3) For the purposes of subsection (1), fiscal year means
the period beginning on April 1 in one year and ending on March 31 in the next year. Role of Chairperson 19 (1) The Chairperson presides over meetings of the board of directors and may perform any duties or functions that are assigned to him or her by the board.
Acting Chairperson (2) If the Chairperson is absent or is unable to act or if there is a vacancy in that office, the Vice-Chairperson acts as Chairperson.
Governor in Council approval (3) The Vice-Chairperson is not authorized to act as
Chairperson for a period of more than 90 days without the approval of the Governor in Council. Vacancy 20 A vacancy in the board of directors does not impair the right of the remaining directors to act.
Chief Executive Officer Appointment 21 (1) The Chief Executive Officer of the Regulator is to be appointed by the Governor in Council on the recommendation of the Minister after the Minister has consulted the directors.
Term (2) The Chief Executive Officer is to hold office on a fulltime basis during pleasure for a term of up to six years.
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Reappointment (3) The Chief Executive Officer may be reappointed for
one or more terms of up to six years each. However, the Chief Executive Officer is to serve no more than 10 years in office in total. Eligibility (4) A person is not eligible to be the Chief Executive Officer unless they are a Canadian citizen or permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act. Eligibility (5) A director is not eligible to be the Chief Executive Officer.
Remuneration and expenses (6) The Chief Executive Officer is to be paid the remuneration that is fixed by the Governor in Council and is entitled to be paid reasonable travel and other expenses while performing his or her duties and functions under this Act while absent from his or her ordinary place of work. Conflict of Interest Act 22 For the purposes of the Conflict of Interest Act, the
circumstances in which the Chief Executive Officer is in a conflict of interest while exercising the powers or performing the duties and functions of the Chief Executive Officer include (a) engaging in, as owner, shareholder, director, officer, partner or in any other way, the business of producing, selling, buying, transmitting, exporting, importing or otherwise dealing in hydrocarbons, electricity or offshore energy; (b) holding any bond, debenture or other security of a corporation engaged in any such business; (c) holding other employment that is inconsistent with the Chief Executive Officer’s powers, duties and functions or with any provision of this Act or a regulation made under it; and (d) holding office as a commissioner or being employed by the Regulator. Role of Chief Executive Officer 23 (1) The Chief Executive Officer is responsible for the
management of the Regulator’s day-to-day business and affairs, including the supervision of its employees and their work. The Chief Executive Officer must not however give directions with respect to any particular decision,
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order or recommendation that is made by the Commission or a commissioner. Rank of deputy head (2) The Chief Executive Officer has the rank and the powers of a deputy head of a department.
Acting Chief Executive Officer (3) If the Chief Executive Officer is absent or unable to act or if there is a vacancy in that office, an executive of the Regulator designated by the Minister acts as Chief Executive Officer.
Governor in Council approval (4) The executive referred to in subsection (3) is not authorized to act as Chief Executive Officer for a period of more than 90 days without the approval of the Governor in Council. Designated officers 24 The Chief Executive Officer may designate employees of the Regulator as designated officers.
For greater certainty 25 For greater certainty, the Chief Executive Officer is responsible for the provision of the support services and the facilities that are needed by the Commission to exercise its powers and perform its duties and functions in accordance with the rules that apply to its work.
Commission Composition and Appointments Commission 26 (1) The Regulator is to have a Commission that consists of up to seven full-time commissioners. It may also include a complement of part-time commissioners.
Indigenous representation (2) At least one of the full-time commissioners must be an Indigenous person.
Quorum 27 Subject to subsection 42(2), sections 45 to 47 and subsection 48(2), three commissioners constitutes a quorum of the Commission.
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Appointment 28 (1) The commissioners are to be appointed by the
Governor in Council to hold office during good behaviour for a term not exceeding six years. Reappointment (2) A commissioner may be reappointed for one or more terms of up to six years each. However, a commissioner is to serve no more than 10 years in office in total.
Removal (3) The Governor in Council may remove a commissioner for cause.
Eligibility (4) A person is not eligible to be a commissioner unless
they are a Canadian citizen or permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act. Eligibility (5) A director is not eligible to be a commissioner.
Remuneration and expenses — full-time commissioner (6) A full-time commissioner is to be paid the remuneration that is fixed by the Governor in Council and is entitled to be paid reasonable travel and other expenses while performing their duties and functions under this Act while absent from their ordinary place of work. Remuneration and expenses — part-time commissioner (7) A part-time commissioner is to be paid the remuneration that is fixed by the Governor in Council and is entitled to be paid reasonable travel and other expenses while performing their duties and functions under this Act while absent from their ordinary place of residence.
Conflict of Interest Act 29 For the purposes of the Conflict of Interest Act, the
circumstances in which a commissioner is in a conflict of interest while exercising the powers or performing the duties and functions of a commissioner include (a) engaging in, as owner, shareholder, director, officer, partner or in any other way, the business of producing, selling, buying, transmitting, exporting, importing or otherwise dealing in hydrocarbons, electricity or offshore energy;
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(b) holding any bond, debenture or other security of a
corporation engaged in any such business; (c) holding other employment that is inconsistent
with their powers, duties and functions or with any provision of this Act or a regulation made under it; and (d) holding office as the Chief Executive Officer or being employed by the Regulator.
Vacancy 30 A vacancy in the Commission does not impair the
right of the remaining commissioners to act.
Powers, Duties and Functions Court of record 31 (1) The Commission is a court of record and the Regulator’s seal must be judicially noticed as the Commission’s official seal.
Powers (2) The Commission has all the powers, rights and privileges vested in a superior court of record with respect to any matters within its jurisdiction, including the attendance, swearing and examination of witnesses, the production and inspection of documents, the enforcement of its orders and the entry on and inspection of property. Expeditious applications and proceedings (3) All applications and proceedings before the Commission must be dealt with as expeditiously as the circumstances and procedural fairness and natural justice permit, but, in any case, within any time limit provided for under this Act.
Jurisdiction 32 (1) The Commission has full and exclusive jurisdiction to inquire into, hear and determine any matter if the Commission considers that (a) a person has failed to do anything that is required to be done under this Act, under a condition of a document of authorization, or under an order made or direction given under this Act; (b) a person has done or is doing anything that is contrary to or in contravention of this Act, a condition of a document of authorization or an order made or direction given under this Act; or (c) the circumstances may require the Commission, in the public interest, to make any order or give any
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direction, leave, sanction or approval that it is authorized to make or give, or that relates to anything that is prohibited, sanctioned or required to be done under this Act, a condition of a document of authorization, or an order made or direction given under this Act.
Inquiry (2) The Commission may inquire into any accident involving a pipeline, abandoned pipeline, international power line, offshore renewable energy project, offshore power line or other facility the construction or operation of which is regulated by the Regulator and may, at the conclusion of the inquiry, make (a) findings as to the cause of the accident or factors
contributing to it; (b) recommendations relating to the prevention of future similar accidents; or (c) any decision or order that the Commission is authorized to make. Matters of law and fact (3) For the purposes of this Act, the Commission has full jurisdiction to hear and determine all matters, whether of law or of fact.
Power to act on own initiative 33 The Commission may on its own initiative inquire into, hear and determine any matter that under this Act it may inquire into, hear and determine. Orders and prohibitions 34 The Commission may (a) order any person to do, immediately or within or at any specified time and in any specified manner, anything that the person is or may be required to do under this Act, under a condition of a document of authorization, or under any order made or direction given by the Commission or a designated officer under this Act; and (b) prohibit the doing or continuing of anything that
is contrary to this Act, to a condition of the document of authorization or to the order or direction. Rules 35 The Commission may make rules generally for the
carrying out of its work and the management of its internal affairs, including rules respecting
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(a) the powers, duties and functions of the commissioners; (b) its sittings; (c) its decisions, orders and recommendations; and (d) its procedures and practices.
Annual report 36 (1) The Commission must, within 120 days after the end of each fiscal year, submit to the Minister a report on the Commission’s activities under this Act for that fiscal year, and the Minister must cause the report to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the day on which the report is received.
Other reports (2) The Commission may submit a report to the Minister
on the Commission’s activities if the Commission considers it appropriate to do so. Definition of fiscal year (3) For the purposes of subsection (1), fiscal year means
the period beginning on April 1 in one year and ending on March 31 in the next year.
Lead Commissioner and Deputy Lead Commissioner Designation 37 The Governor in Council must designate one of the
full-time commissioners to hold office as Lead Commissioner and one of the full-time commissioners to hold office as Deputy Lead Commissioner. Role of Lead Commissioner 38 The Lead Commissioner is responsible for the business and affairs of the Commission and, in particular, is responsible for apportioning the Commission’s work among the commissioners and for establishing panels — of at least three commissioners — to exercise the powers of the Commission and perform its duties and functions in relation to a matter before it. Acting Lead Commissioner 39 (1) The Deputy Lead Commissioner acts as Lead Commissioner if the Lead Commissioner is absent or unable to act or if there is a vacancy in that office.
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Governor in Council approval (2) The Deputy Lead Commissioner is not authorized to
act as Lead Commissioner for a period of more than 90 days without the approval of the Governor in Council. Acting Lead and Deputy Lead Commissioners 40 (1) If both the Lead Commissioner and Deputy Lead
Commissioner are absent or unable to act or if there are vacancies in both of those offices, a commissioner designated by the Minister acts as Lead Commissioner.
Governor in Council approval (2) The designated commissioner is not authorized to act
as Lead Commissioner for a period of more than 90 days without the approval of the Governor in Council.
Instructions and Measures Instructions regarding timeliness 41 To ensure that an application before the Commission is dealt with in a timely manner, the Lead Commissioner may give instructions to the commissioners authorized to deal with the application respecting the manner in which they are to do so.
Measures to meet time limit 42 (1) If the Lead Commissioner is satisfied that a time
limit imposed under any of sections 183, 214 and 262 is not likely to be met in respect of an application, the Lead Commissioner may take any measure that he or she considers appropriate to ensure that the time limit is met, including (a) removing any or all commissioners from a panel authorized to deal with the application; (b) authorizing one or more commissioners to deal with the application; and (c) increasing or decreasing the number of commissioners dealing with the application.
Clarification (2) For greater certainty, the power referred to in subsection (1) includes the power to designate a single member, including the Lead Commissioner, as the sole commissioner who is authorized to deal with the application.
Inconsistencies 43 In the event of any inconsistency between a instruction given under section 41 or a measure taken under subsection 42(1) and any rule made under section 35, the
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instruction or measure prevails to the extent of the inconsistency. Non-application 44 For greater certainty, sections 41 and 42 do not apply to an application with respect to a designated project, as defined in section 2 of the Impact Assessment Act, that is subject to an impact assessment under that Act.
Authorizations, Panels and Hearings Authorization — powers, duties and functions 45 (1) The Lead Commissioner may authorize one or more commissioners, either jointly or severally, to exercise any of the powers of the Commission or to perform any of its duties and functions under this Act, except those under sections 95, 183, 184, 186, 195 to 197, subsection 211(3), sections 212 to 214, 231 to 234, 238 to 240, 248, 257, 262, 274, 285 to 287, 289 and under Parts 7 and 8.
Presumption (2) A power exercised or a duty or function performed
under the authorization is considered to have been exercised or performed by the Commission. Authorization — report 46 (1) The Lead Commissioner may authorize one or more of the commissioners to report to the Commission on any matter related to the work of the Commission or any application or proceeding before it. For the purpose of making a report related to an application or proceeding before the Commission, the authorized commissioners have all the powers of the Commission with respect to taking evidence or acquiring information.
Not a quorum (2) Despite section 27 of this Act and paragraph 22(2)(a) of the Interpretation Act, three or more commissioners authorized to report in accordance with subsection (1) do not constitute a quorum of the Commission.
Use of report (3) A report to the Commission under subsection (1) may be adopted as a decision or order of the Commission or be dealt with as the Commission considers appropriate.
Replacement of commissioner during hearing 47 (1) If a commissioner who is conducting a hearing in
accordance with an authorization under section 45 or 46
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is unable to act or resigns during the hearing, the Lead Commissioner may authorize another commissioner to continue the hearing and to make the decision or report. Replacement of commissioner before decision or report (2) If a commissioner who is conducting a hearing in accordance with an authorization under section 45 or 46 is unable to act or resigns after the conclusion of the hearing but before the decision or report is made, the Lead Commissioner may authorize another commissioner to examine all the evidence presented at the hearing and to make the decision or report on the basis of that evidence.
Replacement of panel member during hearing 48 (1) If a panel is conducting a hearing and a commissioner on the panel is unable to act or resigns during the hearing, the Lead Commissioner may authorize another commissioner to replace that commissioner for the rest of the hearing and to participate in the decision or, as applicable, finalize the report required under subsection 183(1). Replacement of panel member before decision or report (2) If a panel is conducting a hearing and a commissioner on the panel is unable to act or resigns after the conclusion of the hearing but before the decision is made or, as applicable, the report required under subsection 183(1) is finalized, the remaining commissioners may — if unanimous — make the decision or finalize the report as if the commissioner were present and participating.
Lead Commissioner’s powers 49 Nothing in section 47 or subsection 48(1) precludes
the Lead Commissioner from taking a measure under subsection 42(1). Change in composition of panel 50 If the composition of a panel changes in accordance with subsection 42(1) or 48(1), (a) evidence and representations received by the Commission in relation to the matter being dealt with by the panel before the change are considered to have been received after the change; and (b) the Commission is bound by every decision made
by the Commission in relation to the matter being dealt with by the panel before the change unless the Commission elects to review, vary or rescind it.
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Authorization to continue 51 If a commissioner resigns or their term expires, the
Lead Commissioner may, on any conditions he or she specifies, authorize the former commissioner to continue to exercise powers and perform duties and functions as a commissioner in a matter to which they were assigned immediately before resigning or the expiry of their term until a final decision or recommendation in the matter is made, and the former commissioner is considered to be a commissioner for the purposes of this Act. Public hearings 52 (1) A hearing before the Commission with respect to
the issuance, suspension or revocation of a certificate under Part 3 or 4 must be public. Non-application (2) Subsection (1) does not apply to a hearing with respect to the suspension or revocation of either of the following certificates if the holder applies for or consents to the suspension or revocation: (a) a certificate issued in respect of an international or
interprovincial power line, whether or not the power line has been brought into commercial operation under the certificate; or (b) a certificate issued in respect of a pipeline that has
not been brought into commercial operation under the certificate. Other matters (3) The Commission may hold a public hearing in respect of any other matter if the Commission considers it appropriate to do so and shall make public its reasons for holding the hearing. For greater certainty (4) For greater certainty, subsection (1) does not affect the operation of subsection 241(3).
Recommendations Reasons 53 (1) The Commission must issue written reasons for each recommendation it makes to the Governor in Council or the Minister.
Public availability (2) The Regulator must make the recommendations, and
the reasons for them, publicly available.
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Exercise of Commission’s Powers and Performance of Its Duties and Functions by Designated Officers Regulations 54 The Governor in Council may make regulations that
specify (a) powers, duties and functions of the Commission that are technical or administrative in nature and may be exercised or performed by designated officers; (b) any circumstances in which those powers are to be exercised and those duties and functions are to be performed only by designated officers; and (c) the procedures and practices that apply to the exercise of those powers and the performance of those duties and functions by designated officers. Apportionment of work 55 The Chief Executive Officer is responsible for apportioning among the designated officers any work related to a power, duty or function that is specified in a regulation made under section 54.
Rights and Interests of the Indigenous Peoples of Canada Duty to consider — Commission 56 (1) When making a decision, an order or a recommendation under this Act, the Commission must consider any adverse effects that the decision, order or recommendation may have on the rights of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982.
Duty to consider — designated officers (2) When making a decision or an order under this Act, a
designated officer must consider any adverse effects that the decision or order may have on the rights of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982.
Advisory committee 57 (1) The Regulator must establish an advisory committee for the purpose of enhancing the involvement, under Part 2, of the Indigenous peoples of Canada and Indigenous organizations in respect of pipelines, power
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lines and offshore renewable energy projects as well as abandoned pipelines.
Membership (2) The membership of the advisory committee must include at least (a) one person recommended by an Indigenous organization that represents the interests of First Nations; (b) one person recommended by an Indigenous organization that represents the interests of the Inuit; and (c) one person recommended by an Indigenous organization that represents the interests of the Métis.
Confidentiality — Indigenous knowledge 58 (1) Any Indigenous knowledge that is provided in
confidence to the Regulator under this Act or any other Act of Parliament that confers powers, duties or functions on the Regulator is confidential and must not knowingly be, or be permitted to be, disclosed without written consent. Exception (2) Despite subsection (1), the Indigenous knowledge referred to in that subsection may be disclosed if (a) it is publicly available; (b) the disclosure is necessary for the purposes of procedural fairness and natural justice or for use in legal proceedings; or (c) the disclosure is authorized in the circumstances
set out in the regulations made under section 59.
Consultation (2.1) Before disclosing Indigenous knowledge under paragraph 2(b) for the purposes of procedural fairness and natural justice, the Regulator must consult the person or entity who provided the Indigenous knowledge and the person or entity to whom it is proposed to be disclosed about the scope of the proposed disclosure and potential conditions under subsection (3).
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Further disclosure (3) The Regulator may, having regard to the consultation
referred to in subsection (2.1), impose conditions with respect to the disclosure of Indigenous knowledge by any person or entity to whom it is disclosed under paragraph (2)(b) for the purposes of procedural fairness and natural justice. Duty to comply (4) The person or entity referred to in subsection (3) must comply with any conditions imposed by the Regulator under that subsection.
Protection from civil proceeding or prosecution (5) Despite any other Act of Parliament, no civil or criminal proceedings lie against the Regulator or the Minister — or any person acting on behalf of, or under the direction of, either of them — and no proceedings lie against the Crown or the Regulator, for the disclosure in good faith of any Indigenous knowledge under this Act or any other Act of Parliament that confers powers, duties or functions on the Regulator or for any consequences that flow from that disclosure. Regulations 59 The Governor in Council may make regulations prescribing the circumstances in which Indigenous knowledge that is provided to the Regulator under this Act in confidence may be disclosed without written consent.
Confidentiality of Information Confidentiality 60 The Commission or a designated officer may take any measures and make any order that the Commission or designated officer considers necessary to ensure the confidentiality of any information likely to be disclosed in any proceedings under this Act if the Commission or designated officer is satisfied that (a) disclosure of the information could reasonably be
expected to result in a material loss or gain to a person directly affected by the proceedings, or could reasonably be expected to prejudice the person’s competitive position; (b) the information is financial, commercial, scientific
or technical information that is confidential information provided to the Regulator and (i) the information has been consistently treated as
confidential information by a person directly affected by the proceedings, and
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(ii) the Commission or designated officer considers that the person’s interest in confidentiality outweighs the public interest in disclosure of the proceedings; or (c) there is a real and substantial risk that disclosure of the information will compromise the safety and well-being of persons or cause harm to property or the environment.
Confidentiality 61 The Commission or a designated officer may take any
measures and make any order that the Commission or designated officer considers necessary to ensure the confidentiality of information that is contained in any order under this Act or that is likely to be disclosed in any proceedings under this Act if the Commission or designated officer is satisfied that (a) there is a real and substantial risk that disclosure of the information will pose a risk to the security of pipelines, abandoned pipelines, power lines, offshore renewable energy projects, including buildings, structures or systems — including computer or communication systems, or methods employed to protect them — and the need to prevent disclosure of the information outweighs the public interest in disclosure of orders and proceedings; or (b) there is a real and substantial risk that disclosure of the information will compromise the safety and well-being of persons or cause harm to property or the environment.
Confidentiality 62 The Commission or a designated officer may take any
measures and make any orders that are necessary to ensure compliance with section 58 or any regulations referred in subsection 114(3).
Decisions and Orders General Reasons 63 (1) The Commission must issue written reasons for
each decision or order it makes. A designated officer must do the same for each decision or order they make.
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Public availability (2) The Regulator must make the decisions and orders, and the reasons for them, publicly available.
Non-application (3) This section does not apply to a decision or order that is made only in relation to the internal administrative affairs of the Regulator.
Enforcement of orders 64 (1) A decision or order of the Commission, a designated officer or an inspection officer may be made an order of the Federal Court or of a superior court of a province and may be enforced in the same manner as an order of that court as if it had been an order of that court on the date of the decision or order. Procedure (2) A decision or order of the Commission, a designated
officer or an inspection officer may be made an order of a court in accordance with the usual practice and procedure of the court in such matters, if any, or by the filing with the registrar of the court of a copy of the decision certified by an employee of the Regulator who is authorized by the Chief Executive Officer to certify documents for the purposes of this section under the Regulator’s seal. Effect of revocation or amendment (3) If a decision or order of the Commission, a designated officer or an inspection officer that has been made an order of a court is rescinded or varied by a subsequent decision or order, the order of the court is vacated and the decision or order of the Commission, a designated officer or an inspection officer as varied may be made an order of the court in accordance with subsection (2).
Conditions 65 A decision or order made by the Commission, a designated officer or an inspection officer under this Act may include any conditions that the Commission, designated officer or inspection officer considers appropriate. General or particular application 66 The Commission or a designated officer may, when making an order, giving a direction, imposing conditions or doing any other thing in relation to a person, do so either generally or in any particular case or class of cases.
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Coming into force and cessation of effect — Commission 67 (1) The Commission may, in issuing, varying or
transferring a document of authorization, or when making or varying an order, (a) specify a day on which the document of authorization or order, or any part of it, comes into force or ceases to have effect; or (b) impose conditions governing when the document of authorization or order, or any part of it, comes into force or ceases to have effect.
Coming into force and cessation of effect — designated officer or inspection officer (2) A designated officer or inspection officer may, when
making or varying an order, (a) specify a day on which the order, or any part of it, comes into force or ceases to have effect; or (b) impose conditions governing when the order, or
any part of it, comes into force or ceases to have effect.
Non-application (3) Subsection (1) does not apply to a certificate issued
under Part 3. Interim orders (4) The Commission, a designated officer or inspection
officer may, instead of making an order final in the first instance, make an interim order, and may reserve their decision pending further proceedings in connection with any matter. Relief 68 (1) The Commission may make a decision or order
that grants, in whole or in part, any application made to the Commission. The decision or order may also include — in addition to or in lieu of the relief applied for — any other relief that the Commission considers appropriate as if the application had been made for that other relief. Non-application (2) Subsection (1) does not apply to an application made
under Part 3 for a certificate.
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Reviews and Appeals Power to review, vary or rescind — Commission 69 (1) The Commission may review, vary or rescind any
decision or order it makes and, if applicable, may re-hear any application before deciding it.
Power to vary or rescind — designated officer or inspection officer (2) A designated officer or inspection officer may vary or
rescind any decision or order they make and, if applicable, may re-hear any application before deciding it.
Exception (3) This section does not apply to a decision or order in
relation to an operating licence or authorization to which section 382 or 383 applies or in relation to the approval of a development plan under section 5.1 of the Canada Oil and Gas Operations Act. Decisions final 70 (1) Except as provided for in this Act, every decision
or order of the Commission, a designated officer or an inspection officer is final and conclusive.
Decision or order (2) Any minute or other record of the Commission, a
designated officer or an inspection officer or any document issued by one of them, in the form of a decision or order, is considered for the purposes of this section to be a decision or order, as the case may be, of the Commission, the designated officer or the inspection officer.
Appeal to Commission 71 An appeal from a decision or order of a designated
officer or an inspection officer may be brought before the Commission and the Commission may dismiss or allow the appeal and vary or rescind the decision or order.
Appeal to Federal Court of Appeal 72 (1) An appeal from a decision or order of the Commission on any question of law or of jurisdiction may be brought in the Federal Court of Appeal with the leave of that Court.
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Application for leave to appeal (2) Leave to appeal must be applied for within 30 days
after the date of the decision or order appealed from or within any additional time that a judge of the Court grants in exceptional circumstances. Time limit for appeal (3) An appeal must be brought within 60 days after the
day on which leave to appeal is granted. Argument by Regulator (4) The Regulator is entitled to be heard on an application for leave to appeal and at any stage of an appeal.
Costs (5) In any appeal under this section, costs may not be awarded against any of the commissioners.
Report not decision or order (6) For greater certainty, a report submitted by the Commission under section 183 or 184 — or under subsection 51(1) the Impact Assessment Act — is not a decision or order of the Commission for the purposes of this section and neither is any part of the report.
Alternative Dispute Resolution Alternative dispute resolution 73 (1) If all the parties to a dispute that is directly related to a matter under this Act consent, the Regulator must provide or cause to be provided an alternative dispute resolution process for the dispute. Results (2) The results of the alternative dispute resolution process are not binding. Use of results by Commission (3) The Commission may take the results of the alternative dispute resolution process into account when making a decision, order or recommendation and may refer to them in the decision, order or recommendation. Use of results by designated officer (4) A designated officer may take the results of the alternative dispute resolution process into account when making a decision or order and may refer to them in the decision or order.
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Public availability of results (5) The Regulator may make the results of the alternative
dispute resolution process public with the consent of the parties.
Public Engagement Public engagement 74 The Regulator must establish processes that the Regulator considers appropriate to engage meaningfully with the public — and, in particular, the Indigenous peoples of Canada and Indigenous organizations — when public hearings are held under section 52 or subsection 241(3).
Participant funding program 75 For the purposes of this Act, the Regulator must establish a participant funding program to facilitate the participation of the public — and, in particular, the Indigenous peoples of Canada and Indigenous organizations — in public hearings under section 52 or subsection 241(3) and any steps leading to those hearings.
Collaborative Processes and Ministerial Arrangements Collaborative processes 76 The Regulator may enter into arrangements with any government or Indigenous organization to establish collaborative processes.
Ministerial arrangements 77 (1) If regulations are made under section 78, the
Minister may, in accordance with those regulations, enter into arrangements with Indigenous governing bodies for carrying out the purposes of this Act and may authorize any Indigenous governing body with whom an arrangement is entered into to exercise the powers or perform the duties and functions under this Act that are specified in the arrangement. Publication (2) Within 30 days after the day on which the Minister
enters into an arrangement, the Regulator must publish it on the Regulator’s website. Regulations 78 The Governor in Council may make regulations respecting the Minister’s power to enter into arrangements under section 77, including regulations (a) respecting how they are to be entered into;
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(b) respecting the circumstances under which they
may be entered into; (c) respecting their contents; and (d) varying or excluding any provision of this Act or a regulation made under it as that provision applies to the subject matter of the arrangement.
Inconsistencies 79 In the event of an inconsistency between an arrangement referred to in section 76 and an arrangement referred to in section 77, the arrangement referred to in section 77 prevails to the extent of the inconsistency.
Advice Study and review 80 The Regulator must study and keep under review
matters relating to (a) the exploration for, and the production, recovery, manufacture, processing, transmission, transportation, distribution, sale, purchase, lease, exchange and alienation of energy and sources of energy in and outside Canada; and (b) the safety and security of regulated facilities and
abandoned facilities. Reports and recommendations to Minister 81 The Regulator may submit to the Minister reports on the matters referred to in section 80 from time to time and may recommend to the Minister any measures within Parliament’s jurisdiction that the Regulator considers to be necessary or in the public interest for (a) the control, supervision, conservation, use, marketing and development of energy and sources of energy; and (b) the safety and security of regulated facilities and
abandoned facilities. Recommendations on cooperative measures 82 The Regulator may — with respect to energy matters,
sources of energy and the safety and security of regulated facilities and abandoned facilities — recommend to the Minister any measures that the Regulator considers necessary or appropriate for cooperation with governmental or other agencies in or outside Canada.
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Request of Minister 83 (1) The Regulator must — with respect to energy
matters, sources of energy and the safety and security of regulated facilities and abandoned facilities — provide to the Minister any advice that the Minister requests, including advice relating to the export pricing of oil and gas, and prepare any study or report that the Minister requests. Prohibition on publication (2) The Regulator must not publish any advice, study or
report referred to in subsection (1) without the Minister’s consent. Other requests 84 The Regulator may, on request, provide advice about
energy matters, sources of energy and the safety and security of regulated facilities and abandoned facilities to (a) ministers, officers and employees of any government department or ministry, whether federal, provincial or territorial; and (b) members, officers and employees of any government agency, whether federal, provincial or territorial.
Powers — Inquiries Act 85 For the purposes of sections 80 to 84, the Regulator
has all the powers of commissioners under Part I of the Inquiries Act. Use of government agencies 86 In exercising its powers and performing its duties
and functions under sections 80 to 84, the Regulator must, to the extent that it is possible to do so, utilize agencies of the Government of Canada to obtain technical, economic and statistical information and advice.
Cost Recovery Regulations 87 (1) The Regulator may, with the approval of the Treasury Board, make regulations (a) providing for fees, levies or charges that are
payable for the purpose of recovering all or a portion of any costs that the Regulator considers to be attributable to the carrying out of its mandate, including costs related to applications that are denied or withdrawn; and (b) providing for the manner of calculating those fees, levies or charges and their payment to the Regulator.
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Interest on late payments (2) A regulation made under subsection (1) may specify the rate of interest or the manner of calculating the rate of interest payable on any fee, levy or charge that is not paid on or before the date on which it is due and may specify the time from which interest is payable.
Debt due to Her Majesty (3) Fees, levies or charges imposed under this section and any interest payable on them constitute a debt to Her Majesty in right of Canada and may be recovered as such in any court of competent jurisdiction.
Service Fees Act 88 The Service Fees Act does not apply to the fees, levies and charges referred to in section 87.
General Definition of certified document 89 (1) In this section, certified document means a document purporting to be certified by an employee of the Regulator who is authorized by the Chief Executive Officer to certify documents for the purposes of this section and sealed with the Regulator’s seal.
Proof of documents — true copies (2) In any action or proceedings, a certified document that states that it is a true copy of all or any part of another document — including a minute, decision, document of authorization, order, instruction, book of reference, book entry, plan or drawing — is, without proof of the signature or of the official character of the person appearing to have signed the certified document, evidence (a) of the original document, or the part of it, that it
purports to be a copy of; (b) that the original document, or the part of it, was made, given or issued under the authority of or deposited with the person named in it and was made, given, issued or deposited at the time stated in the certified copy, if a time is stated in it; and (c) that the original document, or the part of it, was signed, certified, attested or executed by the persons and in the manner shown in the certified copy.
Proof of documents — documents issued by Regulator (3) In any action or proceedings, a certified document
that states that a valid and subsisting document has or has not been issued by the Regulator to a person named in the certified document is evidence of the facts stated in
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it without proof of the signature or official character of the person appearing to have signed the document and without further proof. Compensation 90 (1) Directors and commissioners are considered to
be employees for the purposes of the Government Employees Compensation Act and to be employed in the federal public administration for the purposes of any regulations made under section 9 of the Aeronautics Act.
For greater certainty (2) For greater certainty, the Chief Executive Officer and
employees of the Regulator are employees for the purposes of the Government Employees Compensation Act and are employed in the federal public administration for the purposes of any regulations made under section 9 of the Aeronautics Act. Public Service Superannuation Act 91 (1) Full-time commissioners are considered to be
persons employed in the public service for the purposes of the Public Service Superannuation Act. For greater certainty (2) For greater certainty, directors and part-time commissioners are not persons employed in the public service for the purposes of the Public Service Superannuation Act. For greater certainty (3) For greater certainty, the Chief Executive Officer and employees of the Regulator are persons employed in the public service for the purposes of the Public Service Superannuation Act.
Statutory Instruments Act 92 An order made or a direction given by the Commission, a designated officer or an inspection officer under this Act is not a statutory instrument as defined in subsection 2(1) of the Statutory Instruments Act if (a) the order or direction applies to a single person or entity; (b) the order or direction applies with respect to a single regulated facility or abandoned facility; or (c) the Commission, designated officer or inspection officer considers that the order or direction is required immediately for the safety or security of persons, regulated facilities or abandoned facilities or for the protection of property or the environment.
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PART 2
Safety, Security and Protection of Persons, Property and Environment Definitions Definitions 93 The following definitions apply in this Part.
compensable damage means the costs, losses and damages for which the Tribunal may award compensation. (dommages indemnisables) holder means (a) the holder of a certificate or permit issued under
Part 3 or 4 in respect of a regulated facility; (b) a person, company or other entity that is the subject of an order made under section 214 in respect of a pipeline; (c) a person, company or other entity authorized to operate a pipeline under a Special Act; (d) a company that has been granted leave under Part 3 to abandon a pipeline; (e) a person, company or other entity that has been
granted leave under Part 4 to abandon an international power line or interprovincial power line; or (f) the holder of an authorization issued under Part 5
in respect of a work or activity. (titulaire) Tribunal means a pipeline claims tribunal established under subsection 143(1). (Tribunal)
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General Duty Reasonable care 94 The holder must take all reasonable care to ensure
the safety and security of persons, the safety and security of regulated facilities and abandoned facilities and the protection of property and the environment.
Regulation of Construction, Operation and Abandonment Orders 95 (1) To promote the safety and security of the operation of a regulated facility, the Commission may, by order, direct the holder to repair, reconstruct or alter part of the regulated facility and direct that, until the work is done, that part of the regulated facility not be used or be used in accordance with any conditions specified by the Commission. Other measures (2) The Commission may, by order, direct any of the following persons or bodies to take measures in respect of a regulated facility, an abandoned facility or any work or activity authorized under Part 5 that the Commission considers necessary for the safety and security of persons, the safety and security of the regulated facility or abandoned facility or the protection of property or the environment: (a) an Indigenous governing body; (b) the holder or any other person; (c) the federal government or a federal Crown corporation; (d) a provincial government or a provincial Crown corporation; (e) a local authority.
Measures to be taken (3) If a person or body does not comply with an order
under subsection (2) or an order under section 109 in relation to an abandoned facility or to the abandonment of a pipeline, an offshore power line or any facility, equipment or system that is related to an offshore renewable energy project, the Commission may
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(a) take any action or measure the Commission considers necessary; (b) authorize an officer or employee, or class of officers or employees, of the Regulator to take the action or measure; or (c) authorize a third party to take the action or measure. No liability (4) No action lies against the Regulator or an officer or employee of the Regulator or against a servant of the Crown, as those terms are defined in section 2 of the Crown Liability and Proceedings Act, in respect of any act or omission committed in taking an action or measure referred to in subsection (3).
Third party liability (5) A third party that is authorized under subsection (3) to take an action or measure is not liable in respect of any act or omission committed in good faith in taking the action or measure.
Regulations 96 The Regulator may, with the approval of the Governor in Council, make regulations (a) respecting the design, construction and operation of pipelines, international power lines and interprovincial power lines designated by an order made under section 261; (b) respecting the abandonment of pipelines; (c) respecting surveillance or monitoring measures
that, in relation to the activities referred to in paragraphs (a) and (b), are for the safety and security of persons and for the protection of property and the environment; (d) respecting abandoned facilities; (e) requiring holders to have management systems in place and to comply with them; and (f) providing for the elements to be included in those management systems — including human or organizational factors — and respecting any criteria to be met by those management systems.
Exemption orders 97 The Commission may make orders exempting holders, on any conditions that the Commission considers appropriate, from any or all provisions of a regulation made
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under section 96 or 312, in order to, among other things, ensure the safety and security of persons, the safety and security of regulated facilities or abandoned facilities or the protection of property or the environment. Regulations 98 Without limiting the scope of the regulations that the
Regulator may make under section 96, the Governor in Council may make regulations (a) specifying requirements with respect to the monitoring of regulated facilities; and (b) respecting the actions or measures to be taken in
preparation for, or in the case of, an unintended or uncontrolled release of oil, gas or any other commodity from a pipeline. Offence and punishment 99 (1) Every person who contravenes an order made under subsection 95(1) or (2) or a regulation made under section 96 is guilty of an offence and liable (a) on conviction on indictment, to a fine of not more
than $1,000,000 or to imprisonment for a term of not more than five years or to both; or (b) on summary conviction, to a fine of not more than $100,000 or to imprisonment for a term of not more than one year or to both.
Application of subsections 379(2) to (6) (2) Subsections 379(2) to (6) apply, with any modifications that the circumstances require, to an offence referred to in subsection (1).
Security of Regulated Facilities Security regulations 100 (1) The Regulator may, with the approval of the
Governor in Council, make regulations respecting the security of regulated facilities, including regulations respecting standards, plans and audits that are related to the security of regulated facilities and respecting cybersecurity matters that are related to regulated facilities and may, for that purpose, define what constitutes cybersecurity.
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Offence and punishment (2) Every person who contravenes any of the regulations made under subsection (1) is guilty of an offence and liable (a) on conviction on indictment, to a fine of not more
than $500,000 or to imprisonment for a term of not more than five years or to both; or (b) on summary conviction, to a fine of not more than $100,000 or to imprisonment for a term of not more than one year or to both.
Application of subsections 379(2) to (6) (3) Subsections 379(2) to (6) apply, with any modifications that the circumstances require, to the offence referred to in subsection (2).
Abandoned facilities 101 (1) A person must not make contact with, alter or
remove an abandoned facility unless they are authorized to do so in an order made under subsection (2).
Order (2) A designated officer may make an order, subject to any conditions that the designated officer considers appropriate, authorizing a person to make contact with, alter or remove an abandoned facility.
Exceptions (3) The Regulator may make regulations respecting the
circumstances in which or conditions under which an order under subsection (2) is not necessary and the Commission may make orders respecting the circumstances in which or conditions under which an order under subsection (2) is not necessary.
Administration and Enforcement Designation of inspection officers 102 (1) The Chief Executive Officer may designate any
person or member of any class of persons as an inspection officer to administer and enforce this Part, Parts 3 to 5 and section 335.
Purposes of designation (2) The purposes for which an inspection officer may be
designated are: (a) to ensure the safety and security of persons;
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(b) to ensure the safety and security of regulated facilities and abandoned facilities; and (c) to ensure the protection of property and the environment. Certificate (3) The Regulator must provide every inspection officer designated under subsection (1) with a certificate of authority. That inspection officer must, if so requested, produce the certificate to the occupant or person in charge of a place referred to in subsection 103(1).
Authority to enter 103 (1) An inspection officer may, for a purpose related
to verifying compliance or preventing non-compliance with this Part, any of Parts 3 to 5 or section 335, or for a purpose referred to in subsection 102(2), enter a place in which the officer has reasonable grounds to believe that (a) there is anything to which this Part or any of Parts
3 to 5 applies, including a regulated facility or an abandoned facility; (b) there has been carried on, is being carried on or is likely to be carried on any activity in respect of which this Part, any of Parts 3 to 5 or section 335 applies; or (c) there is any book, record, electronic data or other
document relating to the application of this Part, any of Parts 3 to 5 or section 335.
Powers on entry (2) The inspection officer may, for that purpose, (a) examine anything in the place; (b) use any means of communication in the place or
cause it to be used; (c) use any computer system in the place, or cause it
to be used, to examine data contained in or available to it; (d) prepare a document, or cause one to be prepared,
based on the data; (e) make copies of any information contained in any books, records, electronic data or other documents or in computer systems and use any copying equipment in the place, or cause it to be used to make copies of the information; (f) conduct tests or analyses of anything in the place;
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(g) take measurements or samples of anything in the
place; (h) take photographs or make recordings or sketches
of anything in the place; (i) remove anything from the place for examination or
copying; (j) direct any person to put any machinery, vehicle or
equipment in the place into operation or to cease operating it; (k) prohibit or limit access to all or part of the place or to anything in the place; (l) direct the owner or person in charge of the place or
a person at the place to establish their identity to the inspection officer’s satisfaction or to stop or start an activity; or (m) direct the owner or a person having possession, care or control of anything in the place to not move it, or to restrict its movement, for as long as the inspection officer considers necessary.
Compliance audit (3) For greater certainty, the powers set out in subsection (2) include the power to conduct a compliance audit. Duty to assist (4) The owner or person in charge of the place and every person in the place must give all assistance that is reasonably required to enable the inspection officer to perform their duties and functions under this section and must provide any documents or information, and access to any data, that are reasonably required for that purpose.
Persons accompanying (5) The inspection officer may be accompanied by any
other person that they believe is necessary to help them perform their duties and functions under this section, and the person is not liable for doing so. Entry on private property (6) The inspection officer and any person accompanying them may enter private property — other than a dwelling-house or living quarters — and pass through it in order to gain entry to a place referred to in subsection
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(1) and the person is not liable for doing so. For greater certainty, no person has a right to object to that use of the property and no warrant is required for the entry, unless the property is a dwelling-house or living quarters. Warrant to enter dwelling-house or living quarters 104 (1) If the place is a dwelling-house or living quarters, the inspection officer may enter it without the occupant’s consent only under the authority of a warrant issued under subsection (2).
Authority to issue warrant (2) On ex parte application, a justice of the peace may issue a warrant authorizing the inspection officer to enter a dwelling-house or living quarters, subject to any conditions specified in the warrant, if the justice is satisfied by information on oath that (a) the dwelling-house or living quarters is a place referred to in subsection 103(1); (b) entry to the dwelling-house or living quarters is
necessary for a purpose related to verifying compliance or preventing non-compliance with this Part, any of Parts 3 to 5 or section 335, or for a purpose referred to in subsection 102(2); and (c) entry was refused by the occupant or there are reasonable grounds to believe that entry will be refused by, or that consent to entry cannot be obtained from, the occupant. Use of force (3) In executing a warrant to enter a dwelling-house or living quarters, an inspection officer may use force only if the use of force has been specifically authorized in the warrant and they are accompanied by a peace officer.
Immunity 105 No action or other proceeding of a civil nature lies against an inspection officer in respect of anything that is done or omitted to be done in good faith while exercising their powers or performing their duties and functions under this Part.
Prohibition — obstruction 106 It is prohibited to obstruct or hinder an inspection
officer who is exercising their powers or performing their duties and functions under this Part.
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Prohibition — false statements or information 107 It is prohibited to knowingly make a false or misleading statement or knowingly provide false or misleading information in connection with any matter under this Part, any of Parts 3 to 5 or section 335 to any inspection officer who is exercising their powers or performing their duties and functions under this Part.
Notice of non-compliance 108 (1) If an inspection officer has reasonable grounds to believe that a person has contravened this Part, any of Parts 3 to 5 or section 335, he or she may issue a notice of non-compliance to the person.
Contents of notice (2) A notice must be made in writing and must set out (a) the name of the person to whom the notice is directed; (b) the provision of this Part, any of Parts 3 to 5 or
section 335 or any of their regulations that is alleged to have been contravened, the order or decision that is alleged to have been contravened, or the condition of any certificate, order or decision, permit or authorization, leave or exemption that is alleged to have been contravened; (c) the relevant facts surrounding the alleged contravention; and (d) the period within which the person may provide
comments in response to the notice. Grounds for making order 109 (1) If an inspection officer who is expressly authorized by the Chief Executive Officer to make orders under this section has reasonable grounds to believe that there is or is likely to be a contravention of this Part or any of Parts 3 to 5 or section 335, or for a purpose referred to in subsection 102(2), the inspection officer may, by order, direct a person to (a) stop doing something that is in contravention of
this Part or any of Parts 3 to 5 or section 335 or cause it to be stopped; (b) take any measure that is necessary in order to
comply with this Part or any of Parts 3 to 5 or section 335 or mitigate the effects of non-compliance; (c) stop doing something that may cause a hazard to
the safety or security of persons, or damage to property or the environment or cause it to be stopped; or
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(d) take any measure that is necessary to prevent or mitigate the hazard to the safety or security of persons or damage to property or the environment.
Terms of order (2) The order may require work associated with a facility, including a regulated facility, abandoned facility or ground disturbance to be suspended until the hazardous or detrimental situation has been remedied to the satisfaction of an inspection officer or the order is stayed or rescinded.
Notice and report (3) An inspection officer who makes an order under this
section must, as soon as possible, (a) give written notice of the order to the person to whom it is directed, including the terms of the order and a statement of the reasons for the order; and (b) report the circumstances and terms of the order to
the Commission. Effect of appeal 110 For greater certainty, an appeal before the Commission from an order made under section 109 does not operate as a stay of the order, but the Commission may grant a stay pending the outcome of the appeal.
Information confidential 111 An inspection officer must not disclose to any person any information regarding any secret process or trade secret obtained while performing duties and functions under this Part, except for the purposes of this Part or as required by law.
Offence and punishment — duty to assist and orders 112 (1) Every person who contravenes subsection 103(4) or fails to comply with an order under section 109 is guilty of an offence and is liable (a) on conviction on indictment, to a fine of not more than $1,000,000 or to imprisonment for a term of not more than five years or to both; or (b) on summary conviction, to a fine of not more
than $100,000 or to imprisonment for a term of not more than one year or to both.
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Defence — no notice (2) A person must not be found guilty of an offence for
failing to comply with an order under section 109 unless the person was given written notice of the order in accordance with paragraph 109(3)(a). Offence and punishment — obstruction (3) Every person who contravenes section 106 is guilty of
an offence punishable on summary conviction and is liable, for a first offence, to a fine of not more than $100,000 and, for any subsequent offence, to a fine of not more than $300,000. Application of subsections 379(2) to (6) (4) Subsections 379(2) to (6) apply, with any modifications that the circumstances require, in respect of an offence under subsections (1) and (3).
Offence and punishment — false statements or information (5) Every person who contravenes section 107 is guilty of
an offence punishable on summary conviction and is liable to a fine of not more than $300,000.
Application of subsections 379(3) to (6) (6) Subsections 379(3) to (6) apply, with any modifications that the circumstances require, in respect of an offence under subsection (5).
Privilege Definitions 113 (1) The following definitions apply in this section.
coroner includes any medical examiner or other person carrying out the duties and functions of a coroner. (coroner) recording means the whole or any part of either a recording of voice communications originating from, or received on or in, a regulated facility, or a video recording of the activities of the operating personnel of the regulated facility, which recording of voice communications or video recording is made, using recording equipment to which the operating personnel does not have access, in a place where operations of the facility are carried out and includes a transcript or substantial summary of such a recording. (enregistrement)
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Privilege for recordings (2) Every recording is privileged and, except as provided by this section, a person, including any person to whom access is provided under this section, must not (a) knowingly communicate a recording or permit it to be communicated to any person; or (b) be required to produce a recording or give evidence relating to it in any legal, disciplinary or other proceedings. Access by Regulator (3) Any recording that relates to an accident that is the subject of an inquiry under subsection 32(2) must be released to the Regulator on request for the purposes of the inquiry.
Use by Regulator (4) The Regulator may make any use of any recording obtained under this Act that it considers necessary for the purposes of the inquiry under subsection 32(2), but, subject to subsection (5), must not knowingly communicate or permit to be communicated to anyone any portion of it that is unrelated to the inquiry.
Access by peace officers, coroners and other investigators (5) The Regulator must make available any recording obtained under this Act to (a) a coroner who requests access to it for the purpose
of an investigation that the coroner is conducting; (b) any person carrying out an inquiry under subsection 32(2); or (c) any person carrying out a coordinated investigation referred to in the Canadian Transportation Accident Investigation and Safety Board Act.
Power of court or coroner (6) Despite any other provision of this section, if, in any
proceedings before a court or coroner, a request for the production and discovery of a recording is made, the court or coroner must cause notice of the request to be given to the Regulator, if the Regulator is not a party to the proceedings and, in camera, examine the recording and give the Regulator a reasonable opportunity to make representations with respect to it. If the court or coroner concludes in the circumstances of the case that the public interest in the proper administration of justice outweighs in importance the privilege attached to the recording by
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virtue of this section, the court or coroner must order the production and discovery of the recording, subject to any restrictions or conditions that the court or coroner considers appropriate, and may require any person to give evidence that relates to the recording. Use prohibited (7) A recording is not to be used against agents or employees who are directly or indirectly involved in the operation of a regulated facility in disciplinary proceedings, in proceedings relating to their capacity or competence to perform their functions, or in legal or other proceedings.
Definition of court (8) For the purposes of subsection (6), court includes any person appointed or designated to conduct a public inquiry into a pipeline occurrence, within the meaning of section 2 of the Canadian Transportation Accident Investigation and Safety Board Act, under the Inquiries Act.
Voluntary reporting 114 (1) The Regulator may, subject to the approval of the Governor in Council, make regulations for the establishment and administration of systems for the voluntary reporting to the Regulator of alleged non-compliance with this Act.
Use by Regulator (2) The Regulator may, subject to this section, make any
use of any report made to it in accordance with regulations made under subsection (1) that it considers necessary for the purposes of this Act.
Rules for protection of identity (3) Regulations made under subsection (1) may include
rules for the protection of the identity of persons who make a report. Certain information privileged (4) Where the identity of a person who has made a report to the Regulator in accordance with regulations made under subsection (1) is protected by rules referred to in subsection (3), information that could reasonably be expected to reveal that identity is privileged, and a person must not (a) knowingly communicate it or permit it to be communicated to any person; or (b) be required to produce it or give evidence relating to it in any legal, disciplinary or other proceedings.
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Use prohibited (5) A report made to the Regulator under a voluntary reporting system established by regulations made under subsection (1) must not be used against the person who made the report in any legal, disciplinary or other proceedings if the person’s identity is protected by rules referred to in subsection (3).
Administrative Monetary Penalties Regulator’s Powers Regulations 115 (1) The Regulator may, with the approval of the
Governor in Council, make regulations (a) designating as a violation that may be proceeded
with in accordance with this Act (i) the contravention of any specified provision of
this Act or the regulations, (ii) the contravention of any order or decision, or of
any order or decision of any specified class of orders or decisions, made under this Act, or (iii) the failure to comply with any condition of (A) any certificate, licence, permit or authorization, or (B) any leave or exemption granted under this
Act; (b) respecting the determination of or the method of determining the amount payable as the penalty, which may be different for individuals and other persons, for each violation; and (c) respecting the service of documents required or
authorized under section 120, 125 or 128, including the manner and proof of service and the circumstances under which documents are considered to be served.
Maximum amount of penalty (2) The amount that may be determined under any regulations made under paragraph (1)(b) as the penalty for a violation must not be more than $25,000, in the case of an individual, and $100,000, in the case of any other person. Powers of Regulator 116 (1) The Regulator may
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(a) establish the form of notices of violation; and (b) establish, in respect of each violation, a short-form
description to be used in notices of violation. Powers of Commission (1.1) The Commission may designate persons or classes
of persons to conduct reviews under section 128.
Powers of Chief Executive Officer (2) The Chief Executive Officer may designate persons or
classes of persons who are authorized to issue notices of violation.
Violations Commission of violation 117 (1) Every person who contravenes or fails to comply with a provision, order, decision or condition designated under paragraph 115(1)(a) commits a violation and is liable to a penalty of an amount to be determined in accordance with the regulations.
Purpose of penalty (2) The purpose of the penalty is to promote compliance with this Act and not to punish.
Liability of directors, officers, etc. 118 If a corporation commits a violation, any director, officer or agent or mandatary of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the violation is a party to the violation and is liable to a penalty of an amount to be determined in accordance with the regulations, whether or not the corporation has been proceeded against in accordance with this Act.
Proof of violation 119 In any proceedings under this Act against a person
in relation to a violation, it is sufficient proof of the violation to establish that it was committed by an employee or agent or mandatary of the person, whether or not the employee or agent or mandatary is identified or proceeded against in accordance with this Act. Issuance and service of notice of violation 120 (1) If a person designated under subsection 116(2) has reasonable grounds to believe that a person has committed a violation, the designated person may issue a notice of violation and cause it to be served on the person.
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Contents (2) The notice of violation must (a) name the person that is believed to have committed the violation; (b) set out the relevant facts surrounding the violation; (c) set out the amount of the penalty for the violation; (d) inform the person of their right to request a review with respect to the violation or the amount of the penalty, and of the period referred to in section 125 within which that right must be exercised; (e) inform the person of the manner of paying the
penalty set out in the notice; and (f) inform the person that, if they do not pay the penalty or exercise their right referred to in paragraph (d), they will be considered to have committed the violation and that they are liable to the penalty set out in the notice.
Rules about Violations Certain defences not available 121 (1) A person named in a notice of violation does not
have a defence by reason that the person (a) exercised due diligence to prevent the commission
of the violation; or (b) reasonably and honestly believed in the existence
of facts that, if true, would exonerate the person. Common law principles (2) Every rule and principle of the common law that
makes any circumstance a justification or excuse in relation to a charge for an offence under this Act applies in respect of a violation to the extent that it is not inconsistent with this Act. Continuing violation 122 A violation that is committed or continued on more than one day constitutes a separate violation for each day on which it is committed or continued.
Violation or offence 123 (1) Proceeding with any act or omission as a violation under this Act precludes proceeding with it as an offence under this Act, and proceeding with it as an offence under this Act precludes proceeding with it as a violation under this Act.
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Violations not offences (2) For greater certainty, a violation is not an offence
and, accordingly, section 126 of the Criminal Code does not apply in respect of a violation. Limitation period or prescription 124 No notice of violation in respect of a violation may
be issued more than two years from the day on which the subject matter of the violation arises.
Reviews Right to request review 125 A person who is served with a notice of violation may, within 30 days after the day on which it is served, or within any longer period that the Commission allows, make a request to the Commission for a review of the amount of the penalty or the facts of the violation, or both.
Correction or cancellation of notice of violation 126 At any time before a request for a review in respect of a notice of violation is received by the Commission, a person designated under subsection 116(2) may cancel the notice of violation or correct an error in it.
Review 127 (1) On receipt of a request made under section 125,
the Commission must conduct the review or cause the review to be conducted by a person designated under subsection 116(1.1). Restriction (2) The Commission must conduct the review if the notice of violation was issued by a person designated under subsection 116(1.1). Object of review 128 (1) The Commission or the person conducting the
review must determine, as the case may be, whether the amount of the penalty for the violation was determined in accordance with the regulations or whether the person committed the violation, or both. Determination (2) The Commission or the person conducting the review must make a determination in writing and cause the person who requested the review to be served with a copy of the determination and the reasons for it.
Correction of penalty (3) If the Commission or the person conducting the review determines that the amount of the penalty for the
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violation was not determined in accordance with the regulations, the Commission or the person, as the case may be, must correct the amount of the penalty. Responsibility (4) If the Commission or the person conducting the review determines that the person who requested the review committed the violation, the person who requested the review is liable to the penalty as set out in the determination.
Determination final (5) Despite subsection 69(1) and (2), a determination
made under this section is final and binding and, except for judicial review under the Federal Courts Act, is not subject to appeal or to review by any court. Federal Court (6) Despite section 28 of the Federal Courts Act, the Federal Court has exclusive original jurisdiction to hear and determine an application for judicial review of a determination made under this section by the Commission.
Burden of proof 129 If the facts of a violation are reviewed, the person who issued the notice of violation must establish, on a balance of probabilities, that the person named in it committed the violation identified in it.
Responsibility Payment 130 If a person pays the penalty set out in a notice of violation, the person is considered to have committed the violation and proceedings in respect of it are ended.
Failure to act 131 A person that neither pays the penalty imposed under this Act nor requests a review within the period referred to in section 125 is considered to have committed the violation and is liable to the penalty.
Recovery of Penalties Debts to Her Majesty 132 (1) A penalty constitutes a debt due to Her Majesty
in right of Canada and may be recovered as such in the Federal Court or any other court of competent jurisdiction.
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Limitation period or prescription (2) Proceedings to recover the debt may be instituted no
later than the fifth anniversary of the day on which the debt becomes payable. Certificate 133 (1) The Commission may issue a certificate of nonpayment certifying the unpaid amount of any debt referred to in subsection 132(1).
Registration in Federal Court (2) Registration in the Federal Court or in any other court of competent jurisdiction of a certificate of nonpayment issued under subsection (1) has the same effect as a judgment of that court for a debt of the amount specified in the certificate and all related registration costs.
General Admissibility of documents 134 In the absence of evidence to the contrary, a document that appears to be a notice issued under subsection 120(1) is presumed to be authentic and is proof of its contents in any proceeding in respect of a violation. Publication 135 The Regulator may make public the nature of a violation, the name of the person who committed it and the amount of the penalty.
Polluter Pays Principle Purpose 136 The purpose of sections 137 to 142 is to reinforce the
“polluter pays” principle by, among other things, imposing financial requirements on any company that is authorized under this Act to construct or operate a pipeline.
Liability Recovery of loss, damage, costs, expenses 137 (1) If an unintended or uncontrolled release from a
pipeline of oil, gas or any other commodity occurs, all persons to whose fault or negligence the release is attributable or who are by law responsible for others to whose fault or negligence the release is attributable are jointly and severally, or solidarily, liable for (a) all actual loss or damage incurred by any person as a result of the release or as a result of any action or measure taken in relation to the release;
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(b) the costs and expenses reasonably incurred by Her
Majesty in right of Canada or a province, any Indigenous governing body or any other person in taking any action or measure in relation to the release; and (c) all loss of non-use value relating to a public resource that is affected by the release or by any action or measure taken in relation to the release.
Contribution based on degree of fault (2) The persons who are at fault or negligent or who are
by law responsible for persons who are at fault or negligent are liable to make contributions to each other or to indemnify each other in the degree to which they are respectively at fault or negligent. Vicarious liability (3) The company that is authorized under this Act to
construct or operate the pipeline from which the release occurred is jointly and severally, or solidarily, liable with any contractor — to whose fault or negligence the release is attributable — that performs work for the company for the actual loss or damage, the costs and expenses and the loss of non-use value, described in paragraphs (1)(a) to (c). Absolute liability (4) If an unintended or uncontrolled release of oil, gas or any other commodity from a pipeline occurs, the company that is authorized under this Act to construct or operate that pipeline is liable, without proof of fault or negligence, up to the applicable limit of liability that is set out in subsection (5) for the actual loss or damage, the costs and expenses and the loss of non-use value, described in paragraphs (1)(a) to (c).
Limits of liability (5) For the purposes of subsection (4), the limits of liability are, (a) in respect of a company that is authorized under this Act to construct or operate one or more pipelines that individually or in the aggregate have the capacity to transport at least 250,000 barrels of oil per day, $1 billion or, if a greater amount is prescribed by the regulations, that amount; and (b) in respect of a company that is authorized under this Act to construct or operate any other pipeline, the amount prescribed by the regulations.
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Regulations — limits of liability (6) The Governor in Council may, by regulation, on the
Minister’s recommendation, (a) prescribe an amount greater than $1 billion for the
purposes of paragraph (5)(a); and (b) prescribe an amount for the purposes of paragraph (5)(b) in respect of a company or class of companies. Liability under another law — subsection (4) (7) If a company is liable under subsection (4) with respect to a release and it is also liable under any other Act, without proof of fault or negligence, for that release, the company is liable up to the greater of the limit of liability referred to in subsection (5) that applies to it and the limit up to which it is liable under the other Act. If the other Act does not set out a limit of liability, the limits referred to in subsection (5) do not apply. Costs and expenses not recoverable under Fisheries Act (8) The costs and expenses that are recoverable by Her
Majesty in right of Canada or a province under this section are not recoverable under subsection 42(1) of the Fisheries Act. Proceedings — loss of non-use value (9) Only Her Majesty in right of Canada or a province
may institute proceedings to recover a loss of non-use value described in paragraph (1)(c). Claims (10) All claims under this section may be sued for and
recovered in any court of competent jurisdiction in Canada. Claims in favour of persons incurring actual loss or damage described in paragraph (1)(a) are to be distributed pro rata and rank in priority over claims for costs and expenses described in paragraph (1)(b), and the claims for costs and expenses rank in priority over claims to recover a loss of non-use value described in paragraph (1)(c). Saving (11) Subject to subsections (8) and (9), nothing in this section suspends or limits (a) any legal liability or remedy for an act or omission
by reason only that the act or omission is an offence under this Act or gives rise to liability under this section;
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(b) any recourse, indemnity or relief available at law to a person who is liable under this section against any other person; or (c) the operation of any applicable law or rule of law that is consistent with this section.
Limitation period or prescription (12) Proceedings in respect of claims under this section may be instituted no later than the third anniversary of the day on which the loss, damage or costs and expenses were incurred but in no case after the sixth anniversary of the day on which the release occurred.
Financial Requirements Financial resources 138 (1) A company that is authorized under this Act to construct or operate a pipeline must maintain the amount of financial resources necessary to pay the amount of the limit of liability referred to in subsection 137(5) that applies to it or, if the Commission specifies a greater amount, that amount.
Types of financial resources (2) Subject to the regulations made under subsection (7),
the Commission may, by order, direct a company, either individually or as a member of a class of companies authorized under this Act to construct or operate a pipeline, to maintain the amount of financial resources that is referred to in subsection (1) of the types of financial resources that the Commission specifies, including types that must be readily accessible to the company and, if the Commission specifies types of financial resources, it may specify the amount that the company is required to maintain of each type. Duty to satisfy Commission (3) At the Commission’s request, the company must satisfy the Commission that it meets the requirement to maintain the amount of financial resources referred to in subsection (1) and that it complies with any order made under subsection (2). The Commission may consider, among other things, the company’s financial statements, letters of credit, guarantees, bonds or suretyships and insurance. Greater amount (4) The Commission may, by order, specify an amount
for the purposes of subsection (1).
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Loss of non-use value (5) When the Commission specifies an amount for the
purposes of subsection (1), it is not required to consider any potential loss of non-use value relating to a public resource that is affected by an unintended or uncontrolled release of oil, gas or any other commodity from a pipeline or by any action or measure taken in relation to the release. Continuing obligation (6) A company that is authorized under this Act to construct or operate a pipeline must maintain the amount of financial resources referred to in subsection (1) and must comply with any order made under subsection (2) and any regulation made under subsection (7) only until it obtains leave from the Commission to abandon the operation of its pipeline.
Regulations (7) The Governor in Council may, on the Minister’s recommendation, make regulations (a) providing for the types of financial resources from
which the Commission may choose if it specifies types of financial resources under subsection (2), including those from which the Commission may choose if it specifies types of financial resources that must be readily accessible to the company; and (b) respecting the amount of financial resources that
must be readily accessible to a company individually or as a member of a class of companies.
Pooled fund 139 (1) Subject to subsection (2), a company may meet
all or a portion of its financial requirements under subsection 138(1) by participating in a pooled fund that is established by companies authorized under this Act to construct or operate a pipeline, that meets the requirements established by the regulations and from which the Regulator may withdraw any amount under subsection 141(6).
Difference (2) If a company meets only a portion of its financial requirements by participating in a pooled fund and the amount of funds in the pooled fund to which it has access — in the event that there is an unintended or uncontrolled release of oil, gas or any other commodity from a pipeline that the company is authorized under this Act to construct or operate — is less than the amount of financial resources referred to in subsection 138(1), the
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company must maintain an amount equal to the difference between those amounts. Regulations (3) The Governor in Council may, on the Minister’s recommendation, make regulations respecting a pooled fund referred to in subsection (1), including regulations specifying (a) the minimum amount of the pooled fund and the minimum amount of the pooled fund that must be readily accessible; (b) any condition that a company must meet in order
to participate in the pooled fund, including the minimum amount that a company must contribute to the pooled fund; (c) the maximum amount that a company may withdraw from the pooled fund; and (d) the maximum portion of a company’s financial requirements that may be met by participating in the pooled fund.
Reimbursement by Company Reimbursement — measures taken by government institution 140 If an unintended or uncontrolled release of oil, gas or any other commodity from a pipeline occurs, the Commission may, by order, direct the company that is authorized under this Act to construct or operate that pipeline to reimburse any federal, provincial or municipal government institution, any Indigenous governing body or any person for the costs and expenses that the Commission considers reasonable that they incurred in taking any reasonable action or measure in relation to the release, even if the costs and expenses are more than the amount of the limit of liability referred to in subsection 137(5) that applies to that company.
Designated Company Designation 141 (1) The Governor in Council may, on the Minister’s
recommendation, designate any company that is authorized under this Act to construct or operate a pipeline from which an unintended or uncontrolled release of oil, gas or any other commodity has occurred if
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(a) the Governor in Council considers that the company does not have or is not likely to have the financial resources necessary to pay (i) the costs and expenses incurred, or to be incurred, in taking any action or measure in relation to the release, and (ii) the compensation that might be awarded for
compensable damage caused by the release; or (b) the company does not comply with an order of the
Commission with respect to any action or measure to be taken in relation to the release. Measures to be taken (2) If the Governor in Council designates a company under subsection (1), the Regulator or any of its officers or employees — or class of officers or employees — that the Regulator authorizes may take any action or measure that they consider necessary in relation to the release or they may authorize a third party to take any action or measure. No liability (3) No action lies against the Regulator or an officer or employee of the Regulator or against a servant of the Crown, as those terms are defined in section 2 of the Crown Liability and Proceedings Act, in respect of any act or omission committed in taking any action or measure in relation to the release.
Third party liability (4) A third party that is authorized under subsection (2) to take any action or measure referred to in that subsection is not liable in respect of any act or omission committed in good faith in taking the action or measure.
Reimbursement — measures taken by government institution (5) If the Governor in Council designates a company under subsection (1), the Regulator may reimburse any federal, provincial or municipal government institution, any Indigenous governing body or any person the costs and expenses that the Regulator considers reasonable that they incurred in taking any reasonable action or measure in relation to the release.
Withdrawal from pooled fund (6) If the Governor in Council designates a company under subsection (1) and that company participates in a pooled fund described in subsection 139(1), the Regulator may withdraw any amount from the pooled fund that is necessary to pay the costs and expenses incurred in
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taking any action or measure under subsection (2) and to reimburse the costs and expenses referred to in subsection (5). Regulations imposing fees, etc. 142 (1) Subject to the Treasury Board’s approval, the Regulator must, for the purposes of recovering the amounts paid out of the Consolidated Revenue Fund under subsection 171(1), even if those amounts are more than the amount of the limit of liability referred to in subsection 137(5) that applies to a designated company, make regulations (a) imposing fees, levies or charges on a designated
company and, if the amount recovered from the designated company is not sufficient to recover the amounts paid out, imposing fees, levies or charges on companies that are authorized under this Act to construct or operate pipelines that transport the same commodity or a commodity of the same class as the commodity that was released from a pipeline constructed or operated by the designated company; and (b) prescribing the manner of calculating the fees,
levies and charges and their payment to the Regulator. Interest on late payments (2) A regulation made under subsection (1) may specify the rate of interest or the manner of calculating the rate of interest payable by a company either individually or as a member of a class of companies on any fee, levy or charge not paid by the company on or before the date it is due and the time from which interest is payable.
Debt due to Her Majesty (3) Fees, levies or charges imposed under this section and any interest payable on them constitute a debt that is due to Her Majesty in right of Canada and may be recovered as such in any court of competent jurisdiction.
Pipeline Claims Tribunal Establishment Establishment of Tribunal 143 (1) The Governor in Council may, by order, after a
designation is made under subsection 141(1), establish a pipeline claims tribunal whose purpose is to examine and adjudicate, as expeditiously as the circumstances and considerations of fairness permit, the claims for compensation made under this Act in relation to the release that
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occurred from the designated company’s pipeline and specify the location of its head office.
Reasons (2) However, the Governor in Council may establish a
pipeline claims tribunal only if, having regard to the extent of the compensable damage caused by the release, the estimated cost of paying compensation in respect of that damage and the advantages of having claims dealt with by an administrative tribunal, the Governor in Council considers it in the public interest to do so. Claims treated equitably (3) A Tribunal must exercise its powers and perform its duties and functions with respect to claims for compensation in an equitable manner, without discrimination on the basis of nationality or residence.
Jurisdiction of courts 144 For greater certainty, nothing in sections 143 and
145 to 173 is to be construed as restricting the jurisdiction of a court of competent jurisdiction with respect to the release referred to in subsection 143(1). Public notice 145 Immediately after a Tribunal is established, the Regulator must notify the public, in a manner that the Tribunal considers appropriate, of the Tribunal’s purpose and the manner in which to obtain information on making a claim for compensation and must publish in the Canada Gazette a notice setting out that purpose and the manner in which to obtain that information.
Members of Tribunal 146 (1) A Tribunal is to have at least three members, each of whom is to be appointed by the Governor in Council, on the Minister’s recommendation, to hold office for a term of not more than five years.
Members’ qualifications (2) The members of the Tribunal are to be appointed
from among persons who are retired judges of a superior court or members of at least 10 years standing at either the bar of a province or the Chambre des notaires du Québec. Replacing member (3) If a member is absent or becomes incapacitated, resigns or dies, the Governor in Council may appoint a replacement for that member.
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Remuneration (4) The Regulator must pay the members the remuneration and expenses that are fixed by the Governor in Council. Tenure 147 (1) Each member of a Tribunal is to hold office during good behaviour, but may be removed by the Governor in Council for cause.
Termination of Tribunal (2) The Governor in Council may terminate the appointment of the members of the Tribunal if the Governor in Council is satisfied that the Tribunal has no work to carry out. Immunity 148 No action lies against any member of a Tribunal for
anything done or omitted to be done by the member in the exercise or purported exercise of a power or in the performance or purported performance of a duty or function of the Tribunal.
Chairperson and Staff Chairperson 149 (1) The Governor in Council must, on the Minister’s recommendation, designate one of the members of a Tribunal to be the Chairperson of the Tribunal.
Chairperson’s powers, duties and functions (2) The Chairperson apportions work among the members of the Tribunal and, if he or she establishes a panel, assigns members to the panel and designates a member to preside over it. The Chairperson also has supervision over and direction of the work of the Tribunal’s staff.
Staff 150 A Tribunal may employ the staff that it considers necessary for the proper exercise of its powers and performance of its duties and functions, prescribe their duties and, subject to any regulations, the conditions of their employment and, with the Treasury Board’s approval, fix their remuneration.
Technical or specialized knowledge 151 A Tribunal may engage, on a temporary basis, the services of counsel or notaries and other persons having technical or specialized knowledge to assist it in its work, prescribe their duties and the conditions of their employment and, with the Treasury Board’s approval, fix their remuneration and expenses.
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Payment by Regulator 152 The Regulator must pay the remuneration and expenses referred to in sections 150 and 151. Staff and facilities 153 The Regulator must provide a Tribunal with any
professional, technical, secretarial, clerical and other assistance and any facilities and supplies that the Regulator considers necessary to enable the Tribunal to exercise its powers and perform its duties and functions.
Tribunal’s Powers, Duties and Functions Hearings 154 A Tribunal must conduct its hearings in Canada on the dates and at the times and locations that it considers appropriate.
Powers 155 (1) A Tribunal has all the powers, rights and privileges vested in a superior court with respect to any matters within its jurisdiction, including the attendance, swearing and examination of witnesses, the production and inspection of documents and the enforcement of its orders.
Evidence at hearings (2) The Tribunal is not, in the hearing of any matter, bound by the legal rules of evidence. However, it must not receive as evidence anything that would be inadmissible in a court by reason of any privilege under the law of evidence.
Examinations 156 For the purposes of adjudicating a claim for compensation or an application for reconsideration, a Tribunal may require a claimant or applicant to undergo medical or other examinations that the Tribunal considers reasonably necessary.
Frivolous or vexatious claims 157 A Tribunal may refuse to hear any claim for compensation or application for reconsideration that it considers to be frivolous or vexatious. Written submissions 158 A Tribunal may examine and adjudicate any claim for compensation or application for reconsideration based only on written submissions.
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Rules 159 A Tribunal may make the rules that it considers necessary for the exercise of its powers and the performance of its duties and functions, including rules respecting (a) procedures for making a claim for compensation and those for making an application for reconsideration; (b) the information that must be included with a claim for compensation or an application for reconsideration; (c) the conduct of its examination of claims for compensation and applications for reconsideration, including the conduct of its hearings; (d) the form and manner in which evidence must be
submitted; and (e) a quorum.
Claims for Compensation Application 160 (1) Any person, partnership or unincorporated organization or federal, provincial or municipal government or any Indigenous governing body may, within the prescribed period, make to a Tribunal a claim for compensation for compensable damage caused by the release that occurred from a designated company’s pipeline.
Panel (2) As soon as feasible after the day on which the claim is
made, the Chairperson must (a) assign the claim to the Tribunal; (b) establish a panel of the Tribunal and assign the
claim to that panel; or (c) assign the claim to an existing panel.
Notice (3) The Chairperson must notify the claimant, the designated company and the Regulator that the claim has been assigned. Powers, duties and functions (4) A panel has the powers, other than the power described in section 159, and the duties and functions of the Tribunal with respect to any claim for compensation that is before that panel.
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Public hearings 161 Tribunal hearings are to be held in public. However,
a Tribunal may hold all or part of a hearing in private if it considers that (a) a public hearing would not be in the public interest; (b) a person’s privacy interest outweighs the principle
that hearings be open to the public; or (c) confidential business information may be disclosed.
Interim award of compensation 162 If it is authorized to do so by the regulations, a Tribunal may award interim compensation in respect of a claim for compensation. If the Tribunal awards interim compensation, it must advise the Regulator, by notice, of the amount awarded.
Determining compensation 163 (1) A Tribunal must decide whether to award a
claimant compensation for the compensable damage that is referred to in their claim for compensation. If it decides to award compensation, it must, having regard to any other amount of compensation that the claimant has been paid for that damage, determine the amount of compensation in accordance with the regulations and, if it is authorized by the regulations to award costs with respect to a claimant’s claim for compensation and it decides to do so, it must determine the amount of those costs. Notice — decision (2) The Tribunal must advise the claimant and the designated company, by notice, of its decision with respect to the claim for compensation and, if compensation or costs are awarded, it must also advise the Regulator by that notice. Content of notice (3) The notice must indicate (a) the amount of any compensation or costs determined under subsection (1); (b) any reduction in the amount of compensation provided for by the regulations; and (c) any amounts that have already been paid to the claimant for the compensable damage that is referred to in their claim.
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Payment by Regulator Amount to be paid 164 (1) The Regulator must, subject to section 165 and within the prescribed period, pay to the claimant (a) the amount of interim compensation indicated in
the notice referred to in section 162; (b) subject to the regulations, the amount of compensation and costs indicated in the notice referred to in subsection 163(2) and any interest payable; and (c) if the amount of compensation and costs indicated
in the notice referred to in subsection 169(2) is more than the amount paid by the Regulator under paragraph (b), subject to the regulations, an amount equal to the difference between those amounts. Interest on claim (2) If the regulations provide for interest with respect to
a claim for compensation, the interest accrues at the rate prescribed under the Income Tax Act for amounts payable by the Minister of National Revenue as refunds of overpayments of tax under that Act that are in effect from time to time. Fees and travel expenses (3) If it is authorized to do so by the regulations, a Tribunal may, in accordance with the regulations, award fees and travel expenses. If the Tribunal awards fees and travel expenses, it must advise the Regulator, by notice, of the amount awarded and the Regulator must pay that amount. Total amount 165 The total amount that the Regulator pays under subsection 164(1) must not be more than the portion established by the Minister of Finance under subsection 171(2).
Recovery of overpayment 166 The following are debts that are due to Her Majesty in right of Canada and may be recovered in accordance with section 155 of the Financial Administration Act: (a) any overpayment to a claimant by the Regulator
under subsection 164(1); (b) any amount paid to a claimant under paragraph
164(1)(b) in respect of a Tribunal’s decision that is rescinded; and (c) if the amount paid by the Regulator under paragraph 164(1)(b) in respect of a Tribunal’s decision that
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is amended under subsection 169(1) is more than the amount of compensation and costs indicated in the notice referred to in subsection 169(2), the amount that is equal to the difference between those amounts. Report 167 Within 90 days after the day on which a Tribunal is established, and every 90 days after that, the Regulator must submit to the Minister and the Minister of Finance a report with respect to the amount of compensation and costs awarded by the Tribunal and the amount that the Regulator has paid under subsections 164(1) and (3).
Reconsideration Reconsideration 168 (1) A Tribunal may, on its own motion or on the application of a claimant, reconsider its decision with respect to a claim for compensation and may either confirm the decision or amend or rescind the decision if the Chairperson considers that because of extraordinary factors a reconsideration of the decision outweighs the public interest in the finality of decisions of the Tribunal. Notice (2) The Chairperson must notify the applicant, the designated company and the Regulator that the Tribunal will reconsider its decision. Determining compensation 169 (1) If, on reconsideration, a Tribunal decides to
amend its decision, it must decide whether to award the claimant compensation for the compensable damage that is referred to in their claim for compensation. If it decides to award compensation, it must, having regard to any other amount of compensation that the applicant has been paid for that damage, determine the amount of compensation in accordance with the regulations and, if it is authorized by the regulations to award costs with respect to a claimant’s claim for compensation or the reconsideration of that claim and it decides to do so, it must determine the amount of those costs.
Notice — decision (2) The Tribunal must advise the applicant, the designated company and the Regulator, by notice, of its decision with respect to the application for reconsideration.
Content of notice (3) If the decision is amended, the notice must indicate
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(a) the amount of any compensation or costs determined under subsection (1); (b) any reduction in the amount of compensation provided for by the regulations; and (c) any amounts that have already been paid with respect to the claim in accordance with this Act.
Judicial Review Grounds 170 Subject to section 168, every decision of a Tribunal
is final and conclusive and is not to be questioned or reviewed in any court except in accordance with the Federal Courts Act on the grounds referred to in paragraph 18.1(4)(a), (b) or (e) of that Act.
Appropriation and Repayment Amount paid out of Fund 171 (1) There may be paid out of the Consolidated Revenue Fund, from time to time, any amount established by the Minister of Finance, on the Minister’s recommendation, (a) to pay the costs and expenses incurred in taking
any actions or measures referred to in subsection 141(2); (b) to reimburse the costs and expenses referred to in
subsection 141(5); (c) to pay the costs of publishing the notice referred to
in section 145; (d) to pay the remuneration and expenses of a Tribunal’s members; (e) to pay the remuneration of a Tribunal’s staff; (f) to pay the remuneration and expenses of the counsel or notaries and other persons referred to in section 151; (g) to pay the costs of providing a Tribunal with any of the assistance, facilities or supplies referred to in section 153; (h) to pay the amounts that the Regulator must pay
under subsection 164(1); and (i) to pay the fees and travel expenses referred to in subsection 164(3).
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Amount appropriated for compensation (2) The Minister of Finance may, by order, after consultation with the Minister, establish the portion of the amount paid out under subsection (1) that may be used solely to pay the amounts referred to in paragraph (1)(h). Publication (3) The Minister must, without delay, publish in the Canada Gazette a notice setting out the portion established by the Minister of Finance.
Repayment (4) The Regulator must deposit the amounts paid out under subsection (1) to the credit of the Receiver General in accordance with the conditions established by the Minister of Finance.
Regulations Regulations — Tribunal 172 The Governor in Council may make regulations respecting a Tribunal, including regulations (a) prescribing the conditions of appointment of its
members; (b) respecting conflicts of interest; (c) prescribing the Chairperson’s powers, duties and functions; (d) respecting the absence or incapacity of the Chairperson or another member; (e) respecting the effects of replacing a member of the
Tribunal, including on (i) evidence and representations received by the
Tribunal, or a panel of the Tribunal on which the member was sitting, before the replacement was appointed, and (ii) decisions made by the Tribunal or the panel before the replacement was appointed; (f) respecting the hiring and conditions of employment of the Tribunal’s staff; and (g) generally, to enable the Tribunal to exercise its
powers and perform it duties and functions. Regulations — compensation 173 (1) The Governor in Council may make regulations
establishing the costs, losses and damages for which a
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Tribunal may award compensation and regulations respecting that compensation, including regulations (a) prescribing the period within which claims for
compensation or applications for reconsideration must be made to the Tribunal; (b) authorizing the Tribunal to award interim compensation in respect of a claim for compensation; (c) authorizing the Tribunal to award fees and travel expenses and costs with respect to claims for compensation and the reconsideration of those claims, as well as providing to whom the fees and travel expenses and costs may be awarded; (d) establishing an order of priority among classes of
compensable damage for the purpose of awarding compensation; (e) providing for the reduction of the amount that the
Regulator pays under subsection 164(1) and the criteria for such a reduction, including in respect of a class of compensable damage; (f) fixing a maximum amount of compensation that may be awarded to a claimant, including in respect of a class of compensable damage; (g) prescribing the period for the purposes of subsection 164(1); (h) providing that a payment of any amount that the
Regulator pays under subsection 164(1) be postponed; (i) providing for the payment of any amount that the Regulator pays under subsection 164(1) in a lump sum or in payments of equal or different amounts over a period of time; (j) providing for interest with respect to a claim for compensation or an application for reconsideration, as well as the period during which interest accrues; and (k) generally, for carrying out the purposes of this section and sections 143 to 172.
Exception (2) A regulation made under subsection (1) is not to provide that the loss of non-use value in relation to damages to the environment caused by the release is a loss for which the Tribunal may award compensation.
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Sentencing Respecting Releases from Pipelines Sentencing principles 174 (1) In addition to the principles and factors that the
court is otherwise required to consider, including those set out in sections 718.1 to 718.21 of the Criminal Code, the court must consider the following principles when sentencing a person who is found guilty of an offence under this Act in relation to an actual or potential unintended or uncontrolled release of oil, gas or any other commodity from a pipeline: (a) the amount of the fine should be increased to account for each aggravating factor associated with the offence, including the aggravating factors set out in subsection (2); and (b) the amount of the fine should reflect the gravity of
each aggravating factor associated with the offence.
Aggravating factors (2) The aggravating factors the court must consider are the following: (a) the offence caused harm or risk of harm to human health or safety; (b) the offence caused damage or risk of damage to the environment or environmental quality; (c) the offence caused damage or risk of damage to
any unique, rare, particularly important or vulnerable component of the environment; (d) the damage or harm caused by the offence is extensive, persistent or irreparable; (e) the offender committed the offence intentionally or recklessly; (f) by committing the offence or failing to take action
to prevent its commission, the offender increased or intended to increase their revenue or decreased or intended to decrease their costs; (g) the offender has a history of non-compliance with federal or provincial legislation that relates to safety or environmental conservation or protection; and (h) after the commission of the offence, the offender
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(i) attempted to conceal its commission, (ii) failed to take prompt action to prevent, mitigate or remediate its effects, or (iii) failed to take prompt action to reduce the risk of committing similar offences.
Absence of aggravating factor (3) The absence of an aggravating factor set out in subsection (2) is not a mitigating factor.
Meaning of damage (4) For the purposes of paragraphs (2)(b) to (d), damage includes loss of use value and non-use value.
Reasons (5) If the court is satisfied of the existence of one or more
of the aggravating factors set out in subsection (2) but decides not to increase the amount of the fine because of that factor, the court must give reasons for that decision. Orders of court 175 (1) If a person is found guilty of an offence under this Act in relation to an actual or potential unintended or uncontrolled release of oil, gas or any other commodity from a pipeline, the court may, having regard to the nature of the offence and the circumstances surrounding its commission, in addition to any other punishment that may be imposed under this Act, make an order that has any or all of the following effects: (a) prohibiting the offender from committing an act or engaging in an activity that may, in the opinion of the court, result in the continuation or repetition of the offence; (b) directing the offender to take any action that the
court considers appropriate to remedy or avoid any harm to the environment that results or may result from the act or omission that constituted the offence; (c) directing the offender to carry out environmental
effects monitoring in the manner established by the Commission or directing the offender to pay, in the manner specified by the court, an amount of money for the purposes of environmental effects monitoring;
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(d) directing the offender to make changes to their environmental protection program that the Commission considers appropriate; (e) directing the offender to have an environmental
audit conducted by a person of a class and at the times specified by the Commission and directing the offender to take the measures that it considers appropriate to remedy any deficiencies revealed during the audit; (f) directing the offender to pay to Her Majesty in
right of Canada, for the purpose of promoting the conservation, protection or restoration of the environment, or to pay into the Environmental Damages Fund — an account in the accounts of Canada — an amount of money that the court considers appropriate; (g) directing the offender to publish, in the manner
specified by the court, the facts relating to the commission of the offence and the details of the punishment imposed, including any orders made under this subsection; (h) directing the offender to notify, at the offender’s
own cost and in the manner specified by the court, any person aggrieved or affected by the offender’s conduct of the facts relating to the commission of the offence and of the details of the punishment imposed, including any orders made under this subsection; (i) directing the offender to post a bond or provide a
suretyship or pay an amount of money into court that the court considers appropriate to ensure that the offender complies with all or part of any prohibition, direction, requirement or condition that is specified in the order; (j) directing the offender to perform community service, subject to any reasonable conditions that may be imposed by the court; (k) directing the offender to pay, in the manner prescribed by the court, an amount of money to environmental, health or other groups to assist in their work; (l) directing the offender to pay, in the manner prescribed by the court, an amount of money to an educational institution including for scholarships for students enrolled in studies related to the environment; (m) requiring the offender to comply with any conditions that the court considers appropriate in the circumstances for securing the offender’s good conduct and for preventing the offender from repeating the same offence or committing another offence under this Act; and
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(n) prohibiting the offender from applying for any
new authorization under this Act during any period that the court considers appropriate. Coming into force and duration of order (2) An order made under subsection (1) comes into force
on the day on which the order is made or on any other day that the court may determine, but must not continue in force for more than three years after that day. Publication (3) If an offender does not comply with an order requiring the publication of facts relating to the offence and the details of the punishment, the Regulator may, in the manner that the court directed the offender, publish those facts and details and recover the costs of publication from the offender. Debt due to Her Majesty (4) If the Regulator incurs publication costs under subsection (3), the costs constitute a debt due to Her Majesty in right of Canada and may be recovered as such in any court of competent jurisdiction. Variation of sanctions 176 (1) Subject to subsection (2), if a court has made, in relation to an offender, an order under section 175, the court may, on application by the offender or the Regulator, require the offender to appear before it and, after hearing the offender and the Regulator, may vary the order in one or more of the following ways that the court considers appropriate because of a change in the offender’s circumstances since the order was made: (a) by making changes to any prohibition, direction,
requirement or condition that is specified in the order or by extending the time during which the order is to remain in force for any period that is not more than one year; or (b) by decreasing the time during which the order is to remain in force or by relieving the offender, either absolutely or partially or for any period, of compliance with any condition that is specified in the order.
Notice (2) Before varying the order under subsection (1), the
court may direct that notice be given to any persons that the court considers to be interested and may hear any of those persons.
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Subsequent applications with leave 177 If an application made under subsection 176(1) in
relation to an offender has been heard by a court, no other application is to be made under section 176 in relation to the offender except with leave of the court. Recovery of fines and amounts 178 If a person is found guilty of an offence under this
Act and a fine that is imposed is not paid when required, or if a court orders an offender to pay an amount under subsection 175(1) or 176(1) and the amount is not paid, the prosecutor may, by filing the conviction or order, as the case may be, enter as a judgment the amount of the fine or the amount ordered to be paid, and costs, if any, in any court of competent jurisdiction in Canada, and the judgment is enforceable against the person in the same manner as if it were a judgment against them in that court in civil proceedings.
PART 3
Pipelines General Companies only 179 (1) A person, other than a company, must not construct, operate or abandon a pipeline.
Exception (2) Nothing in this section is to be construed to prohibit
or prevent any person from operating or improving a pipeline constructed before October 1, 1953, but every pipeline constructed before that date must be operated in accordance with this Act. Operation of pipeline 180 (1) A company must not operate a pipeline unless (a) a certificate is in force with respect to that
pipeline; and (b) the company has been granted leave under this
Part to open the pipeline.
Compliance with conditions (2) A company must not operate a pipeline other than in
accordance with the conditions of the certificate or orders issued with respect to that pipeline.
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Limitations 181 (1) A company must not, unless the Commission
has, by order, granted it leave to do so, (a) sell or otherwise transfer, or lease, in whole or in
part, its pipeline or its abandoned pipeline to any person; (b) purchase or otherwise acquire, or lease, in whole
or in part, any pipeline or abandoned pipeline from any person; or (c) if it is authorized to construct or operate a pipeline
or if it owns an abandoned pipeline, amalgamate with any other company. Definition of pipeline (2) For the purposes of paragraph (1)(b), pipeline includes a pipeline as defined in section 2 or any other pipeline.
Certificates Application for certificate 182 (1) A company that submits to the Regulator an application for a certificate in respect of a pipeline must file a map with it that includes any details that the Commission may require and shows the general location of the pipeline and any plans, specifications and other information that the Commission may require. Notice to provincial attorneys general (2) The company must file a copy of the application and map with the attorney general of each province to which the application relates, and the Commission must require that notice of the application be given by publication in newspapers or otherwise.
Report 183 (1) If the Commission considers that an application for a certificate in respect of a pipeline is complete, it must prepare and submit to the Minister, and make public, a report setting out (a) its recommendation as to whether or not the certificate should be issued for all or any part of the pipeline, taking into account whether the pipeline is and will be required by the present and future public convenience and necessity, and the reasons for that recommendation; and (b) regardless of the recommendation that the Commission makes, all the conditions that it considers necessary or in the public interest to which the
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certificate would be subject if the Governor in Council were to direct that the certificate be issued. Factors to consider (2) The Commission must make its recommendation taking into account — in light of, among other things, any Indigenous knowledge that has been provided to the Commission and scientific information and data — all considerations that appear to it to be relevant and directly related to the pipeline, including (a) the environmental effects, including any cumulative environmental effects; (b) the safety and security of persons and the protection of property and the environment; (c) the health, social and economic effects, including
with respect to the intersection of sex and gender with other identity factors; (d) the interests and concerns of the Indigenous peoples of Canada, including with respect to their current use of lands and resources for traditional purposes; (e) the effects on the rights of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982; (f) the availability of oil, gas or any other commodity to the pipeline; (g) the existence of actual or potential markets; (h) the economic feasibility of the pipeline; (i) the financial resources, financial responsibility and
financial structure of the applicant, the methods of financing the pipeline and the extent to which Canadians will have an opportunity to participate in the financing, engineering and construction of the pipeline; (j) the extent to which the effects of the pipeline hinder or contribute to the Government of Canada’s ability to meet its environmental obligations and its commitments in respect of climate change; (k) any relevant assessment referred to in section 92, 93 or 95 of the Impact Assessment Act; and (l) any public interest that the Commission considers may be affected by the issuance of the certificate or the dismissal of the application.
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Representations by the public (3) Any member of the public may, in a manner specified by the Commission, make representations with respect to an application for a certificate.
Time limit (4) The report must be submitted to the Minister within the time limit specified by the Lead Commissioner. The specified time limit must be no longer than 450 days after the day on which the applicant has, in the Commission’s opinion, provided a complete application.
Excluded period (5) In the circumstances prescribed by regulations made under section 216, the Lead Commissioner may specify that a period is to be excluded from the calculation of the time limit within which the Commission must submit the report. The Lead Commissioner must provide reasons for doing so.
Extension (6) The Minister may, by order, grant one or more extensions of the time limit specified under subsection (4). Publication (7) The Commission must make public the time limit specified under subsection (4), any period that is excluded under subsection (5), the reasons for the exclusion and any extension of time granted under subsection (6).
Minister’s directives (8) To ensure that the report is prepared and submitted
in a timely manner, the Minister may, by order, direct the Lead Commissioner to (a) specify under subsection (4) a time limit that is the same as the one specified by the Minister in the order; (b) give an instruction under section 41, or take any measure under subsection 42(1), that is set out in the order; or (c) give an instruction under section 41 that addresses
a matter set out in the order. Order binding (9) Orders made under subsection (6) are binding on the Commission and those made under subsection (8) are binding on the Lead Commissioner.
Publication (10) Each order made under subsection (8) must be published in the Canada Gazette within 15 days after the day on which it is made.
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Report is final and conclusive (11) Subject to sections 184 and 186, the report is final
and conclusive. Order to reconsider 184 (1) After the Commission has submitted its report
under section 183, the Governor in Council may, by order, refer the recommendation, or any of the conditions, set out in the report back to the Commission for reconsideration. Factors and time limit (2) The order may direct the Commission to conduct the reconsideration taking into account any factor specified in the order and it may specify a time limit within which the Commission must complete its reconsideration.
Order binding (3) The order is binding on the Commission.
Publication (4) The order must be published in the Canada Gazette within 15 days after the day on which it is made.
Obligation of Commission (5) The Commission must, within the time limit specified in the order, if one was specified, (a) reconsider its recommendation or any condition referred back to it, as the case may be; (b) prepare and submit to the Minister a report on its
reconsideration; and (c) make the report public.
Contents of report (6) In the reconsideration report, the Commission must (a) if its recommendation was referred back, either confirm the recommendation or set out a different recommendation; and (b) if a condition was referred back, confirm the condition, state that it no longer supports it or replace it with another one. Conditions (7) Regardless of what the Commission sets out in the reconsideration report, the Commission must set out in the report all the conditions, that it considers necessary or in the public interest, to which the certificate would be subject if the Governor in Council were to direct that the certificate be issued.
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Report is final and conclusive (8) Subject to subsection (9) and section 186, the Commission’s reconsideration report is final and conclusive. Reconsideration of report submitted under subsection (5) (9) After the Commission has submitted its report under
subsection (5), the Governor in Council may, by order, refer the Commission’s recommendation, or any of the conditions, set out in the report back to the Commission for reconsideration. If it does so, subsections (2) to (8) apply. Impact Assessment Act 185 If the application for a certificate relates to a designated project, as defined in section 2 of the Impact Assessment Act, that is subject to an impact assessment under that Act, (a) the Commission’s powers, duties and functions
under section 182, subsections 183(1) and (2) and section 184 are to be exercised and performed by a review panel established under subsection 47(1) of that Act; (b) in subsections 183(1) and 184(5), a reference to the Minister is to be read as a reference to the Minister and the Minister of the Environment; (c) the report referred to in subsection 183(1) is to be submitted within the time limit established under section 37.1 of that Act; (d) subsections 183(3) to (10) do not apply; and (e) subsection 189(1) applies with respect to the review panel. Decision by Governor in Council 186 (1) After a report has been submitted under section 183 or 184, the Governor in Council must, (a) in the case of a recommendation that a certificate
be issued, (i) refer the recommendation, or any of the conditions, set out in the report back for reconsideration under subsection 184(1) or (9), as the case may be, (ii) direct the Commission, by order, to issue a certificate in respect of the pipeline or any part of it and to make the certificate subject to the conditions set out in the report, or (iii) direct the Commission, by order, to dismiss the
application for a certificate; or
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(b) in the case of a recommendation that a certificate
not be issued, (i) refer the recommendation, or any of the conditions, set out in the report back for reconsideration under subsection 184(1) or (9), as the case may be, or (ii) direct the Commission, by order, to dismiss the
application for a certificate. Reasons (2) An order made under subsection (1) must set out the
reasons for making the order. The reasons must demonstrate that the Governor in Council took into account all the considerations referred to in subsection 183(2) that appeared to the Governor in Council to be relevant and directly related to the pipeline. Time limit (3) An order made under subsection (1) must be made
within 90 days after the day on which the report under section 183 is submitted or, in the case of a designated project, as defined in section 2 of the Impact Assessment Act, 90 days after the day on which the recommendations referred to in paragraph 37.1(1)(b) of that Act are posted on the Internet site referred to in section 105 of that Act. The Governor in Council may, on the recommendation of the Minister, by order, grant one or more extensions of the time limit. If the Governor in Council makes an order under subsection 184(1) or (9), the period that is taken to complete the reconsideration and to submit the report is to be excluded from the calculation of the time limit. Order is final and conclusive (4) Every order made under subsection (1) or (3) is final
and conclusive. Obligation of Commission (5) The Commission must comply with an order made under subsection (1) within seven days after the day on which it is made.
Publication (6) An order made under subsection (1) must be published in the Canada Gazette within 15 days after the day on which it is made. Compliance 187 Every certificate is subject to the condition that the
provisions of this Act and of the regulations, as well as every order made under the authority of this Act, must be complied with.
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Application for judicial review 188 (1) Judicial review by the Federal Court of Appeal with respect to any order made under subsection 186(1) is commenced by making an application for leave to that Court.
Application (2) The following rules govern an application under subsection (1): (a) the application must be filed in the Registry of the Federal Court of Appeal within 15 days after the day on which the order is published in the Canada Gazette; (b) a judge of that Court may, for special reasons, allow an extended time for filing and serving the application or notice; and (c) a judge of that Court must dispose of the application without delay and in a summary way and, unless a judge of that Court directs otherwise, without personal appearance.
Continuation of jurisdiction and obligation 189 (1) A failure by the Commission to comply with
subsection 183(1) or 184(5) within the required time limit does not affect its jurisdiction to deal with the application or its obligation to submit the report, and anything done by it in relation to the application remains valid.
Governor in Council’s powers (2) Despite subsection 186(3), the Governor in Council may make an order under subsection 186(1) after the expiry of the time limit for doing so.
Variation or transfer of certificates 190 (1) The Commission may, on application or on its
own initiative, vary a certificate issued under this Part and may, on application, transfer a certificate issued under this Part. However, the Minister may, if he or she considers that it is in the public interest to do so, direct the Commission to make a recommendation to the Governor in Council with respect to the variation or transfer instead. Recommendations (2) A recommendation that a certificate be varied or transferred must set out any conditions that the Commission would impose under subsection (3) if the Commission were to vary or transfer the certificate.
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Conditions (3) In varying or transferring a certificate, the Commission may impose — in addition to or in lieu of any conditions to which the certificate was previously subject — any conditions that the Commission considers necessary or appropriate in order to give effect to the purposes and provisions of this Act.
Recommendation to vary or transfer 191 If the Commission recommends to the Governor in
Council that a certificate be varied or transferred, the Governor in Council may, by order, direct the Commission (a) to vary or transfer the certificate as recommended; (b) not to vary or transfer the certificate; or (c) to reconsider the matter.
Recommendation not to vary or transfer 192 If the Commission recommends to the Governor in Council that a certificate not be varied or transferred, the Governor in Council may, by order, direct the Commission not to vary or transfer the certificate or to reconsider the matter.
Order to reconsider 193 (1) In an order directing a reconsideration, the
Governor in Council may specify factors that the Commission is to take into account in the reconsideration and may require the Commission to complete the reconsideration within a specified time limit. Changes to recommendation (2) If the Commission makes any changes to a recommendation as a result of a reconsideration, the Commission must provide a report to the Governor in Council that summarizes the changes.
Publication of order 194 An order under section 191 or 192 must be published in the Canada Gazette within 15 days after the day on which it is made. Suspension of certificates 195 (1) The Commission may, by order, suspend a certificate issued under this Part if the holder applies for or consents to the suspension or the holder has contravened a condition of the certificate.
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Notice (2) The Commission must not make an order under subsection (1) for a contravention unless the Commission provides the holder with notice of the alleged contravention and gives them an opportunity to be heard. Revocation of certificates — application or consent 196 The Commission may, by order, revoke a certificate
issued under this Part on application by or with the consent of the holder. Revocation of certificates — contravention 197 (1) The Commission may, by order, with the approval of the Governor in Council, revoke a certificate issued under this Part if the holder has contravened a condition of the certificate.
Notice (2) The Commission must not make an order under subsection (1) unless the Commission provides the holder with notice of the alleged contravention and gives them an opportunity to be heard.
Location of Pipelines Approval 198 Except as otherwise provided in this Act, a company
must not begin the construction of a section or part of a pipeline unless (a) the Commission has issued a certificate in respect of the pipeline; (b) the company has complied with all applicable conditions to which the certificate is subject; (c) the plan, profile and book of reference of the section or part of the pipeline have been approved by the Commission; and (d) copies, certified by the Regulator, of the approved plan, profile and book of reference have been deposited in the land registry office or other office where title to land is recorded for the area through which the section or part of the pipeline is to pass.
Plan, profile and book of reference 199 (1) The company must submit the plan, profile and
book of reference referred to in paragraph 198(c) to the Regulator.
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Details (2) The plan and profile must include any details that the
Commission may require. Description of lands (3) The book of reference must describe the portion of land proposed to be taken in each parcel of land to be traversed, giving the numbers of the parcels, and the area, length and width of the portion of each parcel to be taken, and the names of the owners and occupiers insofar as they can be ascertained.
Additional information (4) The plan, profile and book of reference must be prepared to the satisfaction of the Commission, and the Commission may require the company to provide any additional information that the Commission considers necessary. Additional material to be deposited 200 In addition to the plans, profiles and books of reference, a company must, as soon as feasible, deposit with the Regulator any additional material, including plans, specifications and drawings with respect to any part of its pipeline, as the Commission may require.
Determination of Detailed Route and Approval Notice to owners 201 (1) If a company has submitted to the Regulator a plan, profile and book of reference under subsection 199(1), the company must, in the form and manner specified by the Commission, (a) serve a notice on all owners of lands proposed to be acquired, leased, taken or used, insofar as they can be ascertained; and (b) publish a notice in at least one issue of a publication, if any, in general circulation within the area in which the lands are situated.
Contents of notices (2) The notices mentioned in subsection (1) must describe the proposed detailed route of the pipeline, the location of the head office of the Regulator and the right of the owner and of persons referred to in subsection (4) to make, within the period referred to in subsection (3) or (4), as the case may be, representations to the Commission respecting the detailed route of the pipeline.
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Publication by Regulator (2.1) The Regulator must publish on its website any notice that is published under paragraph (1)(b).
Opposition — owner (3) If an owner of lands who has been served with a notice under subsection (1) wishes to oppose the proposed detailed route of a pipeline, the owner may, within 30 days after the day on which the notice is served, file with the Regulator a written statement setting out the nature of their interest and the grounds for their opposition to that route.
Opposition — other persons (4) A person who anticipates that their lands may be adversely affected by the proposed detailed route of a pipeline, other than an owner of lands referred to in subsection (3), may oppose the proposed detailed route by filing with the Regulator, within 30 days after the day on which the last notice referred to in subsection (1) is published, a written statement setting out the nature of their interest and the grounds for their opposition to that route. Public hearing 202 (1) If a written statement is filed with the Regulator
under subsection 201(3) or (4) within the period set out in that subsection, the Commission must order that a public hearing be held. Region (2) The Commission must select a region in which to hold the hearing that it considers convenient for persons who filed a written statement under subsection 201(3) or (4) and must provide reasons for its selection, including the factors that it took into account.
Notice of public hearing (3) The Commission must fix a suitable time and place
for the hearing and cause notice of the time and place to be given by publishing it in at least one issue of a publication, if any, in general circulation within the area in which the lands are situated and by sending it to each person who filed a written statement under subsection 201(3) or (4). Opportunity to be heard (4) At the time and place fixed for the hearing, the Commission must hold a hearing and must permit each person who filed a written statement under subsection 201(3) or (4) to make representations and may, if the Commission considers it appropriate to do so, allow any
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other interested person to make representations before it. Inspection of lands (5) The Commission or a person authorized by it may inspect the lands that are proposed to be acquired, leased, taken or used for, or that are affected by, the pipeline construction as the Commission considers necessary.
Commission may disregard written statements (6) The Commission may at any time disregard a written statement filed under subsection 201(3) or (4) and is not required to take any action under this section with respect to that statement, if (a) the person who filed the statement files a notice of
withdrawal with the Regulator; or (b) the Commission considers that the statement is
frivolous or vexatious or is not made in good faith.
Matters to be taken into account 203 (1) Subject to subsections (2) and 202(6), the Commission must not approve a plan, profile and book of reference unless it has taken into account, in order to determine the best possible detailed route of the pipeline and the most appropriate methods and timing of its construction, (a) all written statements filed under subsection 201(3) or (4); and (b) all representations made to the Commission at a public hearing.
Exception (2) The Commission may approve a plan, profile and
book of reference in respect of any section or part of a pipeline if no written statement under subsection 201(3) or (4) has been filed in respect of that section or part. Conditions 204 In any approval referred to in section 203, the Commission may impose any conditions that it considers appropriate. Notice of decision 205 If the Commission has held a public hearing under subsection 202(4) in respect of any section or part of a pipeline and approved or refused to approve a plan,
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profile and book of reference respecting that section or part, it must, without delay, forward a copy of its decision and the reasons for it to each person who made representations to the Commission at the public hearing. Costs of making representations 206 The Commission may, by order, fix an amount that it considers reasonable in respect of the interim or final costs that are incurred by any person who made or will make representations to the Commission at a public hearing under subsection 202(4) and that amount is payable, on an interim or final basis and without delay, to that person by the company whose pipeline route is the subject of the public hearing.
For greater certainty 207 For greater certainty, the issuance of a certificate or
the approval of a plan, profile and book of reference does not relieve the company from otherwise complying with this Act.
Errors Application for correction of errors 208 (1) If any omission, misstatement or error is made
in a registered plan, profile or book of reference, the company must submit an application to the Regulator for a permit to correct the omission, misstatement or error. How corrected (2) The Commission may in its discretion issue a permit
setting out the nature of the omission, misstatement or error and the correction allowed. Registration (3) On the deposit of copies of the permit issued under
subsection (2), certified by the Regulator, in the land registry office or other office where title to land is recorded for the area in which the lands affected are situated, the plan, profile or book of reference must be considered to be corrected in accordance with the permit, and the company may, subject to the other provisions of this Act, construct the pipeline in accordance with the correction. Error as to names 209 A pipeline may be made, carried or placed across,
on or under lands on the detailed route, even if, through error or any other cause, the name of the owner or holder of an interest or right in the lands has not been entered in the book of reference, or some other person is erroneously mentioned as the owner or holder of an interest or right in the lands.
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Duties of Land Registrar Registration of plans, etc. 210 (1) Every land registrar must receive and preserve
in their office the plans, profiles, books of reference, certified copies and other documents required by this Act to be deposited with the registrar, and must endorse them with the day, hour and minute when they were deposited.
Copies (2) Any person may inspect the documents preserved
under subsection (1) and may make extracts and copies of them. Certified copies (3) A land registrar must, at the request of any person,
certify copies of any document or portion of a document preserved under subsection (1), on being paid at a rate that is reasonable and customary in similar cases.
Certification (4) The certification of the land registrar must set out
that the document was deposited in the registrar’s office, and must state the time when it was deposited. Evidence (5) A certified copy referred to in subsection (4) is evidence of the original deposited and is evidence that the original was deposited at the time stated and certified, and that it was signed, certified, attested or otherwise executed by the persons by whom and in the manner in which the original purports to be signed, certified, attested or executed, as shown or appearing by the certified copy, and, in the case of a plan, that the plan is prepared according to a scale and in a manner and form sanctioned by the Commission.
Deviations and Relocations Approval of deviations 211 (1) If a deviation is required by a company to be
made in a pipeline, or a part of a pipeline, that has been constructed or for which a detailed route has been approved, a plan, profile and book of reference of the part of the pipeline proposed to be changed, showing the deviation proposed to be made, must be submitted to the Regulator for the approval of the Commission.
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Construction after approval (2) If the plan, profile and book of reference of the part
of the pipeline proposed to be changed have been approved by the Commission, and copies have been deposited as provided in this Act with respect to the original plan, profile and book of reference, the company may make the deviation, and all the provisions of this Act are applicable to the part of the pipeline, as changed or proposed to be changed, in the same manner as they are applicable to the original pipeline. Exemptions (3) The Commission may exempt a company from all or
any of the provisions of this section if the deviation was made or is to be made for the purpose of benefiting a pipeline, or for any other public purpose, if it considers it appropriate to do so, but the deviation must not exceed the distance that is specified by the Commission from the centre line of the pipeline located or constructed in accordance with the plans, profiles and books of reference approved by the Commission under this Act.
Relocation 212 (1) The Commission may, by order, on any conditions that it considers appropriate, direct a company to relocate its pipeline if the Commission considers that the relocation is necessary (a) to ensure the safety of persons and the pipeline; (b) to protect the environment; (c) to facilitate the construction, reconstruction or relocation of a highway, a railway or any other work of public interest; or (d) to prevent or remove an interference with a
drainage system.
Costs of relocation (2) The Commission may, by order, direct by whom and to whom the costs of the relocation referred to in subsection (1) must be paid.
Procedures (3) The Commission must not direct a company to relocate any section or part of its pipeline unless the procedures set out in sections 201 to 205 have been complied with in respect of the section or part to be relocated.
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Order (4) For the purposes of ensuring that the procedures set
out in sections 201 to 205 are complied with, the Commission may order the company to carry out the procedures that the company would have been required to carry out if the company had submitted to the Regulator a plan, profile and book of reference under subsection 199(1) and those sections apply, with any modifications that the circumstances require, in respect of any matter related to the carrying out of those procedures. Costs of making representations (5) The Commission may, by order, (a) fix an amount that it considers reasonable in respect of the interim or final costs incurred by any person who made or will make representations to the Commission under this section; and (b) direct by whom and to whom the amount is to be
paid.
Leave to Open Pipelines Leave required 213 (1) A pipeline or section of a pipeline must not be
opened for the transmission of hydrocarbons or any other commodity by a company unless an order granting it leave to do so has been made by the Commission. Grant of leave (2) Leave may be granted by the Commission under this
section only if it is satisfied that the pipeline may safely be opened for transmission.
Exemptions Orders 214 (1) The Commission may, by order, exempt from the application of any or all of the provisions of section 179, subsection 180(1) and sections 182, 198, 199 and 213 (a) pipelines or branches of or extensions to pipelines,
of not more than 40 kilometres in length; (b) pipelines that have already been constructed; and (c) any tanks, reservoirs, storage or loading facilities, pumps, racks, compressors, interstation communication systems, real or personal property, or immovable or movable, and any connected works.
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Conditions (2) In any order made under subsection (1), the Commission may impose any conditions that it considers appropriate.
Time limit (3) If an application for an order under subsection (1) is made, the Commission must, within the time limit specified by the Lead Commissioner, either make an order under that subsection or dismiss the application.
Maximum time limit (4) The time limit specified by the Lead Commissioner
must be no longer than 300 days after the day on which the applicant has, in the Commission’s opinion, provided a complete application. Excluded period (5) In the circumstances prescribed by regulations made
under section 216, the Lead Commissioner may specify that a period is to be excluded from the calculation of the time limit. The Lead Commissioner must provide reasons for doing so. Extension (6) The Minister may, by order, grant one or more extensions of the time limit specified under subsection (3).
Publication (7) The Commission must make public the time limit
specified under subsection (3), any period that is excluded under subsection (5), the reasons for the exclusion and any extension of time granted under subsection (6). Application related to application for certificate (8) Despite subsections (3) to (6), if the Lead Commissioner considers that an application for an exemption is related to an application for a certificate in respect of a pipeline, the time limit within which to make an order under subsection (1) or to dismiss the application for an exemption expires on the day on which the certificate is issued or the application for the certificate is dismissed.
Continuation of jurisdiction and obligation (9) A failure by the Commission to make an order under subsection (1) or dismiss the application within the required time limit does not affect its jurisdiction to deal with the application or its obligation to make the order or to dismiss the application, and anything done by it in relation to the application remains valid.
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Impact Assessment Act 215 If the application for an exemption relates to a designated project, as defined in section 2 of the Impact Assessment Act, that is subject to an impact assessment under that Act, (a) the time limit within which the Commission must make an order under subsection 214(1) or dismiss the application is seven days after the day on which the decision statement with respect to the designated project is posted on the Internet under section 66 of that Act; and (b) subsections 214(3) to (8) do not apply.
Regulations Concerning Time Limits Power of the Regulator 216 The Regulator may make regulations prescribing, for the purposes of subsection 183(5) or 214(5), the circumstances in which periods may be excluded from the calculation of the time limit.
Construction Despite Presence of Utilities or Navigable Waters Construction — utility 217 (1) A company must not construct a pipeline that
passes on, over, along or under a utility unless a certificate has been issued, or an order has been made under section 214, in respect of the pipeline, and (a) the certificate or order contains a condition relating to that utility; (b) the company has been granted leave under subsection (2); or (c) the company is constructing the pipeline in circumstances specified in an order or regulation made under subsection (4).
Authority to grant leave (2) The Commission may, by order, on application, grant
a company leave to construct a pipeline that passes on, over, along or under a utility. It may require from the
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applicant any plans, profiles and other information that it considers necessary to deal with the application. Conditions (3) The leave may be granted in whole or in part and be
subject to any conditions that the Commission considers appropriate. Circumstances (4) The Regulator may specify circumstances for the purposes of paragraph (1)(c) by regulation, and the Commission may do so by order.
Leave in emergency cases (5) The Commission may grant leave under subsection (2) after construction of the work has commenced if it is satisfied that the work was urgently required and, before the commencement of construction, it was notified of the company’s intention to proceed with the work.
Definition of utility (6) In this section, utility means a highway, an irrigation ditch, a publicly owned or operated drainage system, sewer or dike, an underground telecommunications line or a line for the transmission of hydrocarbons, electricity or any other substance.
Construction or operation — navigable water 218 A person must not construct or operate a pipeline that passes in, on, over, under, through or across a navigable water unless a certificate has been issued, or an order has been made under section 214, in respect of the pipeline.
Effects of recommendation on navigation 219 (1) In making its recommendation in a report prepared under section 183, the Commission must also take into account the effects that the issuance of a certificate in respect of a pipeline that passes in, on, over, under, through or across a navigable water might have on navigation, including on the safety of navigation.
Effects of decision on navigation (2) When deciding whether to make an order, give a direction or grant a leave, approval or exemption in respect of a pipeline that passes in, on, over, under, through or
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across a navigable water, the Commission must take into account the effects that its decision might have on navigation, including on the safety of navigation, in addition to any other factor that it considers appropriate.
Pipeline not work 220 Despite the definition work in section 2 of the Canadian Navigable Waters Act, a pipeline is not a work to which that Act applies.
Regulations 221 (1) The Governor in Council may, for purposes related to navigation, on the joint recommendation of the Minister and the Minister of Transport, make regulations respecting sections or parts of pipelines that pass in, on, over, under, through or across a navigable water, including regulations respecting (a) their design, construction or operation; (b) the making of deviations to them; (c) their relocation; (d) the safety and security of their operation; and (e) their abandonment.
Offence (2) Every person who contravenes a regulation made under subsection (1) is guilty of an offence punishable on summary conviction.
Application of subsections 379(2) to (6) (3) Subsections 379(2) to (6) apply, with any modifications that the circumstances require, in respect of an offence under this section.
Existing terms and conditions 222 (1) Terms and conditions in respect of a pipeline that were, at any time before July 3, 2013, imposed under section 108 of the National Energy Board Act, are considered to be conditions set out in the certificate issued, or order made under section 214, as the case may be, in respect of the pipeline.
Construction without leave (2) If, at any time before July 3, 2013, the Minister of Transport or the National Energy Board had provided, under section 108 of the National Energy Board Act, that leave under that section was not necessary because the
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pipeline was to be constructed in accordance with certain orders, regulations, plans and specifications, a company must not construct the pipeline other than in accordance with those orders, regulations, plans and specifications or as specified by the Commission. Offence and punishment 223 (1) Every person who contravenes subsection 217(1), section 218 or subsection 222(2) is guilty of an offence and is liable (a) on conviction on indictment to a fine of not more than $1,000,000 or to imprisonment for a term of not more than five years, or to both; or (b) on summary conviction to a fine of not more than $100,000 or to imprisonment for a term of not more than one year, or to both.
Application of subsections 379(2) to (6) (2) Subsections 379(2) to (6) apply, with any modifications that the circumstances require, in respect of an offence under this section. If pipeline affixed to any real property or immovables 224 (1) Despite the other provisions of this Act, or any
general or Special Act or law, if any section or part of a company’s pipeline passes on, over, along or under a utility, as defined in subsection 217(6) — or passes in, on, over, under, through or across a navigable water — and that section or part of the pipeline has been affixed to any real property or immovable in any of the circumstances referred to in subsection (2), (a) that section or part of the pipeline remains subject
to the rights of the company and remains the property of the company as fully as it was before being affixed and does not become part of the real property or immovable of any person other than the company unless otherwise agreed by the company in writing and unless notice of the agreement in writing has been filed with the Regulator; and (b) subject to the other provisions of this Act, the company may create a lien, mortgage, charge or other security, or the company may constitute a hypothec, on that section or part of the pipeline.
Circumstances (2) The following are the circumstances for the purposes
of subsection (1): (a) leave has been obtained under subsection 217(2) or (5) in respect of the pipeline;
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(b) the certificate issued, or the order made under section 214, in respect of the pipeline contains a condition relating to the utility; (c) the pipeline has been constructed in circumstances specified in an order or regulation made under subsection 217(4); (d) a certificate has been issued, or an order has been
made under section 214, in respect of the pipeline and the pipeline passes in, on, over, under, through or across a navigable water; and (e) leave has been obtained under section 108 of the National Energy Board Act in respect of the pipeline at any time before July 3, 2013.
Traffic, Tolls and Tariffs Interpretation Definition of tariff 225 In sections 226 to 240, tariff means a schedule of
tolls, conditions, classifications, practices or rules and regulations applicable to the provision of a service by a company, and includes rules respecting the calculation of tolls.
Commission’s Powers Orders 226 The Commission may make orders with respect to all matters relating to traffic, tolls or tariffs.
Filing of Tariff Tariff to be filed 227 A company must file each tariff it makes and any
amendments made to a tariff, with the Regulator.
Commencement of tariff 228 If a company files a tariff with the Regulator and the company proposes to charge a toll referred to in paragraph (b) of the definition toll in section 2, the Commission may establish the day on which the tariff is to come into effect, and the company is prohibited from charging the toll before that day.
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Authorized tolls 229 (1) A company is prohibited from charging a toll
unless the toll is (a) specified in a tariff that is filed with the Regulator
and is in effect; or (b) approved by an order of the Commission.
Deemed tariff (2) If the oil, gas or other commodity transmitted by a
company through its pipeline is the property of the company, the company must, if requested by the Regulator, file copies of any contract it enters into for the sale of the oil, gas or commodity, or any amendments it makes to such a contract, with the Regulator and those copies are deemed, for the purpose of sections 225 to 240, to be a tariff filed in accordance with subsection (1).
Just and Reasonable Tolls Tolls 230 All tolls must be just and reasonable, and must always, under substantially similar circumstances and conditions with respect to all traffic of the same description carried over the same route, be charged equally to all persons at the same rate. Determination — Commission 231 The Commission may determine (a) whether traffic is or has been carried under substantially similar circumstances and conditions for the purposes of section 230; (b) whether a company has complied with the provisions of section 230; and (c) whether there has been unjust discrimination for the purposes of section 235.
Interim tolls 232 If the Commission has made an interim order authorizing a company to charge tolls until a specified time or the happening of a specified event, the Commission may, in any subsequent order, direct the company (a) to refund, in the manner that the Commission considers appropriate, the part of the tolls charged under the interim order that is in excess of the tolls determined by the Commission to be just and reasonable, together with interest on the amount to be refunded; or
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(b) to recover in its tolls, in the manner that the Commission considers appropriate, the amount by which the tolls determined by the Commission to be just and reasonable exceed the tolls charged under the interim order, together with interest on the amount to be recovered.
Disallowance or Suspension of Tariff Disallowance 233 The Commission may disallow any tariff or any portion of a tariff that it considers to be contrary to this Act or to any order of the Commission, and may require a company to substitute in its place, within a prescribed time, a tariff that the Commission considers satisfactory, or may prescribe other tariffs in place of the tariff or the portion of the tariff that is disallowed.
Suspension 234 The Commission may suspend the application of any tariff or any portion of a tariff before or after the tariff goes into effect.
Discrimination No unjust discrimination 235 A company must not make any unjust discrimination in tolls, service or facilities against any person or locality.
Burden of proof 236 If it is shown that a company makes any discrimination in tolls, service or facilities against any person or locality, the burden of proving that the discrimination is not unjust lies on the company.
Prohibition 237 (1) A company or shipper, or an officer, employee
or agent or mandatary of a company or shipper, is guilty of an offence punishable on summary conviction if they (a) offer, grant, give, solicit, accept or receive a rebate, concession or discrimination that allows a person to obtain transmission of hydrocarbons or any other commodity by a company at a rate less than that named in the tariffs then in effect; or (b) knowingly are party or privy to a false billing, false classification, false report or other device that has the effect set out in paragraph (a).
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Due diligence (2) A person is not to be found guilty of an offence under paragraph (1)(a) if they establish that they exercised due diligence to prevent the commission of the offence.
Prosecution (3) No prosecution may be instituted for an offence under this section without leave of the Commission.
Contracts Limiting Liabilities General rule 238 (1) Except as provided in this section, no contract, condition or notice made or given by a company limiting its liability in respect of the transmission of hydrocarbons or any other commodity relieves the company from its liability, unless that class of contract, condition or notice is included as a condition of its tariffs that are filed with the Regulator or has been first approved by order of the Commission or authorized by regulation.
Limitation of liability (2) The Commission may determine the extent to which
the liability of a company may be limited as provided in this section. Conditions (3) The Commission may prescribe the conditions under which hydrocarbons or any other commodity may be transmitted by a company.
Transmission by Pipeline Duty — company 239 (1) Subject to any regulations that the Commission
may prescribe and any exemptions or conditions it may impose, a company operating a pipeline for the transmission of oil must, according to its powers, without delay and with due care and diligence, receive, transport and deliver all oil offered for transmission by means of its pipeline. Commission’s orders (2) The Commission may, by order, on any conditions that it specifies in the order, require a company operating a pipeline for the transmission of gas or a commodity other than oil to, according to its powers, receive, transport and deliver such a commodity offered for transmission by means of its pipeline.
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Extension of facilities (3) If the Commission considers it necessary or in the
public interest and it finds that no undue burden will be placed on the company, it may require a company operating a pipeline for the transmission of oil, gas or any other commodity to provide adequate and suitable facilities for (a) receiving, transmitting and delivering the oil, gas or other commodity offered for transmission by means of its pipeline; (b) storing the oil, gas or other commodity; and (c) joining its pipeline with other facilities for the
transmission of oil, gas or any other commodity.
Transmission and Sale of Gas Extension or improvement 240 (1) If the Commission considers it necessary or in
the public interest and it finds that no undue burden will be placed on the company, it may direct a company operating a pipeline for the transmission of gas to extend or improve its facilities to facilitate joining its pipeline with the facilities of, and sell gas to, any person or municipality engaged or legally authorized to engage in the local distribution of gas to the public, and for those purposes to construct branch lines to communities immediately adjacent to its pipeline.
Limitation (2) Subsection (1) does not empower the Commission to compel a company to sell gas to additional customers if to do so would impair its ability to render adequate service to its existing customers.
Deemed toll (3) If the gas transmitted by a company through its pipeline is the property of the company, the differential between the cost to the company of the gas at the point where it enters its pipeline and the amount for which the gas is sold by the company is, for the purposes of sections 225 to 240, deemed to be a toll charged by the company to the purchaser for the transmission of that gas.
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Abandonment Limitation 241 (1) A company must not abandon a pipeline unless
the Commission has, by order, granted it leave to do so.
Notice to owners (2) If a company has submitted to the Regulator an application to abandon a pipeline, the company must, in the form and manner specified by the Commission, (a) serve a notice on all owners of lands through
which the pipeline passes, insofar as they can be ascertained; and (b) publish a notice in at least one issue of a publication, if any, in general circulation within the area in which the lands are situated.
Public hearing (3) If a written statement of opposition to the abandonment is filed with the Regulator or if a person requests in writing that a hearing be held in respect of the application for leave to abandon the operation of a pipeline, the Commission must order that a public hearing be conducted in respect of the application unless (a) the person who filed the written statement or who
requested the hearing files a notice of withdrawal with the Regulator; or (b) the Commission considers that the opposition or
request is frivolous or vexatious or is not made in good faith.
Conditions (4) The Commission may, on granting leave to abandon
a pipeline, impose any conditions that it considers appropriate. Liability of company (5) A company that has been granted leave to abandon a pipeline continues to be liable for the abandoned pipeline under this Act.
Costs and expenses related to abandonment 242 (1) The Commission may order a company to take any measure, including maintaining funds or security, that the Commission considers necessary to ensure that the company has the ability to pay for the abandonment of its pipeline and to pay any costs and expenses related to its abandoned pipeline.
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Funds or security (2) If the Commission orders a company to maintain
funds or security, the Commission may (a) order the company to use all or a portion of the funds or security to pay for the abandonment of the pipeline or to pay the costs and expenses related to the abandoned pipeline; (b) authorize a third party or an employee of the Regulator — or class of employees of the Regulator — to use all or a portion of the funds or security to pay for that abandonment or to pay those costs and expenses; (c) realize all or a portion of the security in order to enable a third party or the Regulator to pay for that abandonment or to pay those costs and expenses; and (d) order that any surplus referred to in subsection 246(2) be paid into the Consolidated Revenue Fund and credited to the Orphan Pipelines Account.
Orphan pipelines 243 (1) A designated officer may, by order, designate a
pipeline as an orphan pipeline if the directors or officers of the company that holds the certificate in respect of the pipeline cannot be located or if that company is unknown, insolvent, bankrupt, subject to a receivership, dissolved or cannot be located. Holder of certificate (2) For the purposes of subsection (1), a person that is
named in an order made under section 214 in respect of the pipeline, or that is authorized under a Special Act to operate the pipeline, is considered to be the company that holds the certificate. Orphan abandoned pipelines 244 A designated officer may, by order, designate an
abandoned pipeline as an orphan abandoned pipeline if the directors or officers of the company that owns it cannot be located or if that company is unknown, insolvent, bankrupt, subject to a receivership, dissolved or cannot be located. Measures 245 (1) A designated officer may take any action or measure that they consider necessary in relation to the abandonment of an orphan pipeline or in relation to an orphan abandoned pipeline or they may authorize a third party or an employee of the Regulator — or class of employees of the Regulator — to take the action or measure.
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No liability (2) No action lies against the Regulator or an employee of the Regulator or against a servant of the Crown, as those terms are defined in section 2 of the Crown Liability and Proceedings Act, in respect of any act or omission committed in taking any action or measure referred to in subsection (1).
Third party liability (3) A third party that is authorized under subsection (1) to take any action or measure referred to in that subsection is not liable in respect of any act or omission committed in good faith in taking those actions or measures.
Orphan Pipelines Account 246 (1) There is established an account in the accounts
of Canada to be called the Orphan Pipelines Account. Amounts credited to Account (2) If a pipeline is abandoned, the surplus determined in accordance with the formula set out in subsection (3) may be paid into the Consolidated Revenue Fund and credited to the Orphan Pipelines Account, if the Commission considers it appropriate.
Calculation of surplus (3) The amount of the surplus is determined in accordance with the formula A−B
where A
is the amount of funds or security that a company has been ordered to maintain under subsection 242(1); and
B
is the total of all amounts that are both: (a) the subject of an order made under paragraph
242(2)(a) or an authorization given under paragraph 242(2)(b) or realized under paragraph 242(2)(c), and (b) they are used to pay for the abandonment of
the pipeline or to pay the costs and expenses related to the abandoned pipeline.
Interest to be credited to Account (3.1) On April 1 of every year there is to be credited to
the Orphan Pipelines Account an amount representing interest, at the rate fixed for the purposes of subsection 21(2) of the Financial Administration Act, on the balance to the credit of the Account.
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Amounts payable out of Account (4) Any amounts required for the purpose of paying the
costs and expenses of any action or measure taken under subsection 245(1) may be paid out of the Consolidated Revenue Fund and charged to the Orphan Pipelines Account if the Commission considers it appropriate and (a) the funds or security referred to in subsection 242(1) are insufficient; or (b) the company is not the subject of an order under subsection 242(1).
Limit on payments (5) A payment must not be made out of the Consolidated
Revenue Fund under subsection (4) in excess of the amount of the balance to the credit of the Account. Liability of company (6) A payment made out of the Orphan Pipelines Account in respect of a pipeline does not affect the liability under this Act of a company that has been granted leave to abandon a pipeline.
PART 4
International and Interprovincial Power Lines International Power Lines Prohibition 247 A person must not construct or operate a section or part of an international power line except in accordance with a permit issued under section 248 or a certificate issued under section 262.
Permits Issuance 248 (1) On application, the Commission must, subject
to section 8 of the Impact Assessment Act, issue a permit authorizing the construction and operation of an international power line, except in the case of a power line that is designated by order of the Governor in Council under paragraph 258(1)(a) or in respect of which an election is made under section 259.
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Information (2) The application must be accompanied by the information that under the regulations is to be furnished in connection with the application. Publication 249 (1) The applicant must cause to be published a notice of the application in the Canada Gazette and any other publications that the Commission considers appropriate.
Waiver (2) The Commission may waive the requirement to publish the notice if it considers that there is a critical shortage of electricity caused by a terrorist activity, as defined in subsection 83.01(1) of the Criminal Code.
Location and Construction under Provincial Law Provincial regulatory agency 250 The lieutenant governor in council of a province may designate as the provincial regulatory agency the lieutenant governor in council of the province, a provincial minister of the Crown or any other person or a board, commission or other tribunal.
Application 251 Sections 253 and 254 apply in respect of those parts
of international power lines that are within a province in which a provincial regulatory agency is designated under section 250 but do not apply in the case of international power lines in respect of which an election is filed under section 259. Laws of a province 252 For the purposes of sections 253 to 255, a law of a
province is in relation to lines for the transmission of electricity from a place in the province to another place in that province if the law is in relation to any of the following matters: (a) the determination of their location or detailed
route; (b) the acquisition, including by expropriation, or lease of land required for the purposes of those lines, the power to so acquire or lease land and the procedure for so acquiring or leasing it; (c) assessments of their impact on the environment;
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(d) the protection of the environment against the consequences of the construction, operation and abandonment of those lines, and the mitigation of their effects on the environment; (e) their construction and operation and the procedure to be followed in abandoning their operation.
Application of provincial laws 253 The laws in force in a province in relation to lines for the transmission of electricity from a place in the province to another place in that province apply in respect of parts of international power lines that are within that province.
Powers, duties and functions of provincial regulatory agency 254 A provincial regulatory agency designated under section 250 has, in respect of those parts of international power lines that are within that province, the powers, duties and functions that it has under the laws of the province in respect of lines for the transmission of electricity from a place in the province to another place in that province, including a power, duty or function to refuse to approve any matter or thing for which the approval of the agency is required, even though the result of the refusal is that the line cannot be constructed or operated.
Paramountcy 255 Conditions of permits and certificates and Acts of
Parliament of general application are, for the purpose of applying the laws of a province under section 253 or 254, paramount to those laws.
Certificates Designated International Power Lines Further information 256 The Commission may, within a reasonable time after the publication of the notice referred to in section 249, require the applicant to furnish any information, in addition to that required to accompany the application, that the Commission considers necessary to determine whether to make a recommendation under section 257. Recommendation and delay of issuance 257 (1) The Commission may make a recommendation to the Minister, which it must make public, that an international power line be designated by order of the Governor in Council under section 258, and may delay issuing a
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permit during the period that is necessary for the purpose of making the order. Criteria (2) In determining whether to make a recommendation,
the Commission must seek to avoid the duplication of measures taken in respect of the international power line by the applicant and the government of any province through which the line is to pass, and must have regard to all considerations that appear to it to be relevant, including (a) the effect of the power line on provinces other than those through which the line is to pass; (b) the impact of the construction or operation of the power line on the environment; and (c) any other considerations that may be specified in
the regulations. Where certificate required 258 (1) The Governor in Council may, by order, (a) designate an international power line as an international power line that is to be constructed and operated in accordance with a certificate issued under section 262; and (b) revoke any permit issued in respect of the line.
Limitation (2) No order may be made under subsection (1) in respect of a power line more than 45 days after the issuance of a permit in respect of the line. Effect of order (3) If an order is made under subsection (1), (a) no permit is to be issued in respect of the power line; and (b) any application in respect of the line is to be dealt
with as an application for a certificate.
Election — Application of this Act Election by applicant or holder 259 The applicant for or holder of a permit or certificate
may file with the Regulator, in the form prescribed by the regulations, an election that the provisions of this Act referred to in section 266 and not the laws of a province
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described in section 252 apply in respect of the existing or proposed international power line. Effect of election 260 (1) If an election is filed under section 259, (a) no permit is to be issued in respect of the power line; (b) any application in respect of the line is to be dealt
with as an application for a certificate; and (c) any permit or certificate issued in respect of the
line is revoked. Liability (2) An applicant for or holder of a permit or certificate
who files an election under section 259 and who, at the time of the election, is proceeding under the laws of a province to acquire or lease land for the purpose of constructing or operating the international power line is liable to each person who has an interest in the land or, in Quebec, a right in the land, for all damages suffered and reasonable costs incurred in consequence of the abandonment of the acquisition or lease. Court of competent jurisdiction (3) An action for damages and costs referred to in subsection (2) may be brought in any court of competent jurisdiction in the province in which the land is situated.
Designated Interprovincial Power Lines Where certificate required 261 (1) The Governor in Council may, by order, (a) designate an interprovincial power line as an interprovincial power line that is to be constructed and operated in accordance with a certificate issued under section 262; and (b) specify considerations to which the Commission
must have regard in deciding whether to issue such a certificate. Prohibition (2) A person must not construct or operate any section
or part of an interprovincial power line in respect of which an order made under subsection (1) is in force except in accordance with a certificate issued under section 262.
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Issuance of Certificate Issuance 262 (1) If the Commission is satisfied that the power
line is and will be required by the present and future public convenience and necessity, the Commission may, subject to section 52 and to the approval of the Governor in Council, issue a certificate in respect of (a) an international power line in relation to which an
order made under section 258 is in force; (b) an international power line in relation to which an election is filed under section 259; or (c) an interprovincial power line in relation to which
an order made under section 261 is in force. Factors to consider (2) In deciding whether to issue a certificate, the Commission must take into account — in light of, among other things, any Indigenous knowledge that has been provided to the Commission and scientific information and data — all considerations that appear to it to be relevant and directly related to the power line, including (a) the environmental effects, including any cumulative environmental effects; (b) the safety and security of persons and the protection of property and the environment; (c) the health, social and economic effects, including with respect to the intersection of sex and gender with other identity factors; (d) the interests and concerns of the Indigenous peoples of Canada, including with respect to their current use of lands and resources for traditional purposes; (e) the effects on the rights of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982; (f) the extent to which the effects of the power line
hinder or contribute to the Government of Canada’s ability to meet its environmental obligations and its commitments in respect of climate change; and (g) any relevant assessment referred to in section 92, 93 or 95 of the Impact Assessment Act.
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Revocation of permit (3) Any permit that is issued in respect of an international power line in relation to which an order made under section 258 is in force, and that was not revoked by the order, is revoked on the Commission’s deciding not to issue a certificate in respect of the power line. Time limit (4) The Commission must, within the time limit specified by the Lead Commissioner, (a) decide that the certificate should be issued and recommend to the Minister that the Governor in Council approve the issuance of the certificate; or (b) decide that no certificate is to be issued and dismiss the application in respect of the line. Maximum time limit (5) The specified time limit must be no longer than 300
days after the day on which the applicant has, in the Commission’s opinion, provided a complete application. Excluded period (6) In the circumstances prescribed by regulations made under section 291.1, the Lead Commissioner may specify that a period is to be excluded from the calculation of the time limit within which the Commission must make its decision. The Lead Commissioner must provide reasons for doing so.
Extension (7) The Minister may, by order, grant one or more extensions of the time limit specified under subsection (4).
Publication (8) The Commission must make public the time limit
specified under subsection (4), any period that is excluded and the reasons for the exclusion and any extension of time granted under subsection (7). Time limit — Governor in Council (9) If a recommendation referred to in paragraph (4)(a) is made, the Governor in Council may, within 90 days after the day on which the Commission makes that recommendation or, in the case of a designated project, as defined in section 2 of the Impact Assessment Act, 90 days after the day on which the recommendations referred to in paragraph 37.1(1)(b) of that Act are posted on the Internet site referred to in section 105 of that Act, either approve the issuance of the certificate or refuse to approve its issuance. The Governor in Council may extend the time limit for doing so for any additional period or periods.
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Obligation of Commission (10) If the Governor in Council approves the issuance of the certificate, the Commission must, within seven days after the day on which the approval was given, issue the certificate.
Continuation of jurisdiction and obligation (11) A failure by the Commission to comply with subsection (4) within the required time limit does not affect its jurisdiction to deal with the application or its obligation to make a decision as to whether a certificate should be issued or to dismiss the application, and anything done by it in relation to the application remains valid.
Governor in Council’s power (12) Despite subsection (9), the Governor in Council may
approve the issuance of the certificate or refuse to approve its issuance after the expiry of the time limit for doing so. Impact Assessment Act 263 If an application under section 262 relates to a designated project, as defined in section 2 of the Impact Assessment Act, that is subject to an impact assessment under that Act, (a) the Commission’s powers, duties and functions
under subsections 262(1), (2) and (4) — other than the actual issuance of the certificate as set out in subsection 262(10) — are to be exercised or performed by a review panel referred to in subsection 47(1) of that Act; (b) subsection 262(3) applies with respect to the review panel’s decision; (c) the decision referred to in subsection 262(4) is to be made within the time limit that is established under section 37.1 of that Act; (d) subsections 262(5) to (8) do not apply with respect to the application; and (e) subsection 262(11) applies with respect to the review panel.
Location and Construction under Federal Law Application 264 Sections 265 and 266 apply in respect of (a) international power lines in respect of which an election is filed under section 259;
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(b) those parts of international power lines that are
within a province in which no provincial regulatory agency is designated under section 250; and (c) interprovincial power lines in respect of which an
order made under section 261 is in force. Prohibition 265 A person must not begin the construction of a section or part of an international or interprovincial power line until (a) the plan, profile and book of reference of the section or part are approved by the Commission; and (b) copies, certified by the Regulator, of the approved
plan, profile and book of reference have been deposited in the land registry office or other office where title to land is recorded for the area through which the section or part is to pass. Application of certain provisions 266 (1) Sections 182 and 199 to 211 and Part 6, except
sections 315 to 318, 335, 341 and 342, apply in respect of international and interprovincial power lines referred to in section 264 as if each reference in any of those provisions to (a) a company were a reference to the applicant for or holder of the permit or certificate issued in respect of the power line; (b) a pipeline were a reference to the international or
interprovincial power line; and (c) hydrocarbons or any other commodity were a reference to electricity.
Application of section 211 — navigable waters (2) If a deviation is required to be made to a part of an international power line by the holder of a permit or certificate issued in respect of the power line and the deviation passes in, on, over, under, through or across a navigable water, section 211 also applies to that part as if each reference in that section to (a) a company were a reference to the holder of the
permit or certificate; and (b) a pipeline were a reference to the international power line.
Application of subsection 224(1) (3) Subsection 224(1) applies in respect of an international or interprovincial power line referred to in section
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264 as if the reference to “any of the circumstances referred to in subsection (2)” were a reference to any of the following circumstances: (a) leave has been obtained under subsection 272(2) or (5) in respect of the power line; (b) the permit referred to in section 248, or the certificate, issued in respect of the power line contains a condition relating to the utility referred to in subsection 224(1); (c) the power line has been constructed in circumstances specified in an order or regulation made under subsection 272(4); (d) a permit referred to in section 248, or a certificate,
has been issued in respect of the power line and the power line passes in, on, over, under, through or across a navigable water; and (e) leave had been obtained under section 108 of the
National Energy Board Act in respect of the power line at any time before July 3, 2013. Exception (4) A reference to an abandoned pipeline in the provisions referred to in this section is not a reference to an abandoned international or interprovincial power line.
Navigable Waters Construction or operation 267 A person must not construct or operate an international power line, or an interprovincial power line in respect of which an order made under section 261 is in force, that passes in, on, over, under, through or across a navigable water unless a permit referred to in section 248 or a certificate has been issued in respect of the power line.
Effects on navigation 268 In addition to any other factor that it considers appropriate, the Commission must take into account the effects that its decision might have on navigation, including safety of navigation, when deciding whether to issue a certificate or permit, make an order, give a direction or grant a leave, approval or exemption in respect of an international power line, or an interprovincial power line in respect of which an order made under section 261 is in force, that passes in, on, over, under, through or across a navigable water.
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Power lines not works 269 Despite the definition work in section 2 of the
Canadian Navigable Waters Act, an international power line, or an interprovincial power line in respect of which an order made under section 261 is in force, is not a work to which that Act applies. Regulations 270 The Governor in Council may, for purposes related
to navigation, on the joint recommendation of the Minister and the Minister of Transport, make regulations respecting sections or parts of international power lines, or of interprovincial power lines in respect of which orders made under section 261 are in force, that pass in, on, over, under, through or across a navigable water, including regulations respecting (a) their design, construction or operation; (b) the making of deviations to them; (c) their relocation; (d) the safety and security of their operation; and (e) the abandonment of their operation.
Facilities, Ground Disturbances and Relocation Application 271 (1) Sections 272 to 274 apply in respect of (a) international power lines in respect of which an election is filed under section 259; (b) those parts of international power lines that are
within a province in which no provincial regulatory agency is designated under section 250; (c) international power lines if the facility in question
is within the legislative authority of Parliament; and (d) interprovincial power lines in respect of which an
order made under section 261 is in force. Application of section 273 — navigable waters (2) Section 273 also applies in respect of the part of an
international power line for which a permit or certificate is in force and that passes in, on, over, under, through or across a navigable water.
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Application of section 274 — navigable waters (3) Section 274 also applies in respect of an international
power line for which a permit or certificate is in force if the Commission is of the opinion that the relocation of the power line in, on, over, under, through or across a navigable water is necessary to facilitate the construction, reconstruction or relocation of a facility. Construction — facility 272 (1) A person must not construct an international or interprovincial power line that passes on, over, along or under a facility unless a permit referred to in section 248, or a certificate, has been issued in respect of the power line and (a) the permit or certificate contains a condition relating to that facility; (b) the person has been granted leave under subsection (2); or (c) the person is constructing the power line in circumstances specified in an order or regulation made under subsection (4).
Authority to grant leave (2) On application, the Commission may, by order, grant
a person leave to construct an international or interprovincial power line that passes on, over, along or under a facility. It may require from the applicant any plans, profiles and other information that it considers necessary to consider the application.
Conditions (3) The leave may be granted in whole or in part and be
subject to conditions. Circumstances (4) The Regulator may specify circumstances for the purposes of paragraph (1)(c) by regulation, and the Commission may do so by order.
Leave in emergency cases (5) The Commission may grant leave under subsection
(2) after construction of the work has commenced if it is satisfied that the work was urgently required and, before the commencement of construction, it was notified of the person’s intention to proceed with the work.
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Prohibition — construction or ground disturbance 273 (1) It is prohibited for any person to construct a facility across, on, along or under an international or interprovincial power line or engage in an activity that causes a ground disturbance within the prescribed area unless the construction or activity is authorized by the orders or regulations made under section 275 and done in accordance with them.
Prohibition — vehicles and mobile equipment (2) It is prohibited for any person to operate a vehicle or
mobile equipment across an international or interprovincial power line unless (a) that operation is authorized by orders or regulations made under section 275 and done in accordance with them; or (b) the vehicle or mobile equipment is operated within the travelled portion of a highway or public road.
Order (3) The Commission may, by order, direct the owner of a
facility constructed across, on, along or under an international or interprovincial power line in contravention of this Act, the Commission’s orders or the regulations to do anything that the Commission considers necessary for the safety or security of the line and, if the Commission considers that the facility may impair the safety or security of the operation of the line, direct the owner to reconstruct, alter or remove the facility.
Relocation 274 (1) On the conditions that it considers appropriate,
the Commission may, by order, direct the holder of a permit or certificate issued in respect of an international or interprovincial power line to relocate a section or part of the power line if the Commission is of the opinion that the relocation is necessary to facilitate the construction, reconstruction or relocation of a facility. Costs of relocation (2) The Commission may, by order, direct by whom and to whom the costs of the relocation are to be paid.
Procedures (3) The Commission must not make an order under subsection (1) unless the procedures set out in sections 201 to 205 have been complied with in respect of the section or part to be relocated.
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Procedures (4) The Commission may, by order, direct the holder of a permit or certificate issued in respect of an international or interprovincial power line to carry out any of the procedures set out in sections 201 to 205 that the holder would be required to carry out if the holder had submitted to the Regulator a plan, profile and book of reference under subsection 199(1).
Application of certain provisions (5) Sections 201 to 205 apply in respect of any matter related to the carrying out of the procedures set out in those sections as if each reference in those sections to (a) a company were a reference to the holder of the permit or certificate issued in respect of the international or interprovincial power line; and (b) a pipeline were a reference to the international or
interprovincial power line. Costs of representations to Commission (6) The Commission may, by order, (a) fix an amount that it considers reasonable in respect of the interim or final costs incurred by any person who made or will make representations to the Commission under this section; and (b) direct by whom and to whom the amount is to be paid.
Orders 275 (1) The Commission may, by order, give directions (a) governing the design, construction, operation and abandonment of facilities constructed across, on, along or under an international or interprovincial power line; (b) prescribing the area for the purposes of subsection
273(1); (c) authorizing the construction of facilities across, on, along or under an international or interprovincial power line; (d) authorizing ground disturbances within the prescribed area; (e) governing the measures to be taken in relation to (i) the construction of facilities across, on, along or
under an international or interprovincial power line,
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(ii) the construction of an international or interprovincial power line across, on, along or under facilities, other than railways, and (iii) ground disturbances within the prescribed area; (f) authorizing the operation of vehicles or mobile equipment across an international or interprovincial power line and governing the measures to be taken in relation to that operation; (g) governing the apportionment of costs directly incurred as a result of a construction or disturbance authorized under this subsection; (h) specifying activities for the purposes of paragraph (a) of the definition ground disturbance in section 2 in respect of international or interprovincial power lines; and (i) authorizing a holder of a permit or certificate to
give an authorization referred to in paragraph (c), (d) or (f) on any conditions that the holder considers appropriate. Regulations (2) The Regulator may make regulations respecting any
matter referred to in paragraphs (1)(a) to (f) and (h). Regulations (3) The Regulator may, with the approval of the Governor in Council, make regulations (a) governing the apportionment of costs directly incurred as a result of a construction or disturbance authorized under this section; and (b) authorizing a holder of a certificate or permit issued under this Part to give an authorization referred to in paragraph (1)(c), (d) or (f) on any conditions that the holder considers appropriate. Temporary prohibition — ground disturbances 276 (1) Orders made under subsection 275(1) and regulations made under subsection 275(2) may provide for the prohibition of ground disturbances in an area that is situated in the vicinity of an international or interprovincial power line and that may extend beyond the prescribed area during the period that starts when a request to locate the line is made to the holder of the permit or certificate issued in respect of the line and ends (a) at the end of the third working day after the day on which the request is made; or
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(b) at any later time that is agreed to between the
holder and the person making the request.
Exemptions (2) The Commission may, by order made on any conditions that the Commission considers appropriate, exempt any person from the application of an order or regulation made under section 275.
Abandonment Prohibition 277 (1) A person must not, without the leave of the
Commission, abandon the operation of an international power line or of an interprovincial power line designated by an order under section 261. Leave to abandon (2) On the application of the holder of a permit or certificate, the Commission may, by order, grant leave to abandon the operation of the power line.
Permits and Certificates Conditions — permit 278 (1) The Commission may, on the issuance of a permit, make the permit subject to the conditions respecting the matters prescribed by the regulations that the Commission considers necessary or in the public interest. Conditions — certificate (2) The Commission may, on the issuance of a certificate,
make the certificate subject to the conditions that the Commission considers necessary or in the public interest. Compliance 279 Every permit and certificate is subject to the condition that the provisions of this Act and the regulations, as well as every order made under the authority of this Act or of the laws of a province that are applicable under section 253, must be complied with. Variation or transfer of certificates 280 (1) The Commission may, on application or on its own initiative, vary a certificate issued under this Part and may, on application, transfer a certificate issued under this Part. However, the Minister may, if he or she considers that it is in the public interest to do so, direct the Commission to make a recommendation to the
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Governor in Council with respect to the variation or transfer instead. Recommendations (2) A recommendation that a certificate be varied or transferred must set out any conditions that the Commission would impose under subsection (3) if the Commission were to vary or transfer the certificate.
Conditions (3) In varying or transferring a certificate, the Commission may impose — in addition to or in lieu of any conditions to which the certificate was previously subject — any conditions that the Commission considers necessary or appropriate in order to give effect to the purposes and provisions of this Act.
Recommendation to vary or transfer 281 If the Commission recommends to the Governor in Council that a certificate be varied or transferred, the Governor in Council may, by order, direct the Commission (a) to vary or transfer the certificate as recommended; (b) not to vary or transfer the certificate; or (c) to reconsider the matter.
Recommendation not to vary or transfer 282 If the Commission recommends to the Governor in
Council that a certificate not be varied or transferred, the Governor in Council may, by order, direct the Commission not to vary or transfer the certificate or to reconsider the matter. Order to reconsider 283 (1) In an order directing a reconsideration, the Governor in Council may specify factors that the Commission is to take into account in the reconsideration and may require the Commission to complete the reconsideration within a specified time limit.
Changes to recommendation (2) If the Commission makes any changes to a recommendation as a result of a reconsideration, the Commission must provide a report to the Governor in Council that summarizes the changes.
Publication of order 284 An order under section 281 or 282 must be published in the Canada Gazette within 15 days after the day on which it is made.
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Suspension of certificates 285 (1) The Commission may, by order, suspend a certificate issued under this Part if the holder applies for or consents to the suspension or the holder has contravened a condition of the certificate.
Notice (2) The Commission must not make an order under subsection (1) for a contravention unless the Commission provides the holder with notice of the alleged contravention and gives them an opportunity to be heard.
Revocation of certificates — application or consent 286 The Commission may, by order, revoke a certificate issued under this Part on application by or with the consent of the holder.
Revocation of certificates — contravention 287 (1) The Commission may, by order, with the approval of the Governor in Council, revoke a certificate issued under this Part if the holder has contravened a condition of the certificate. Notice (2) The Commission must not make an order under subsection (1) unless the Commission provides the holder with notice of the alleged contravention and gives them an opportunity to be heard.
Variation or transfer of permits 288 (1) The Commission may, on application or on its own initiative, vary a permit issued under this Part and may, on application, transfer a permit issued under this Part.
Conditions (2) In varying or transferring a permit, the Commission
may impose — in addition to or in lieu of any conditions to which the permit was previously subject — any conditions respecting the matters prescribed by regulations made under section 291 that the Commission considers necessary or appropriate in order to give effect to the purposes and provisions of this Act. Suspension or revocation of permits 289 (1) The Commission may, by order, suspend or revoke a permit issued under this Part if the holder applies for or consents to the suspension or revocation or the holder has contravened a condition of the permit.
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Notice (2) The Commission must not make an order under subsection (1) for a contravention unless the Commission provides the holder with notice of the alleged contravention and gives them an opportunity to be heard.
General Provisions Application of certain provisions 290 (1) Section 315, subsections 316(1) to (3) and sections 317, 318 and 341 apply in respect of international power lines and of interprovincial power lines in respect of which an order made under section 261 is in force.
Application of references (2) The provisions of this Act referred to in subsection
(1) apply in respect of an international power line as if each reference in those provisions to (a) a company were a reference to the holder of the permit or certificate issued in respect of the line; and (b) a pipeline were a reference to the international or interprovincial power line.
Non-application of subsections 316(1) to (3) (3) Despite subsection (1), subsections 316(1) to (3) do
not apply in respect of any of the following: (a) anything done under leave obtained under subsection 272(2) or (5) in respect of an international power line or of an interprovincial power line referred to in subsection (1); (b) in the case of an interprovincial power line referred to in subsection (1), (i) any section or part of the power line that passes
on, over, along or under a facility if a certificate has been issued in respect of the power line and the certificate contains a condition relating to that facility, or (ii) any section or part of the power line that passes
in, on, over, under, through or across a navigable water if a certificate has been issued in respect of the power line; (c) in the case of an international power line, (i) any section or part of the line that passes on,
over, along or under a facility if a permit referred to in section 248, or a certificate, has been issued in respect of the line and the permit or certificate contains a condition relating to that facility, or
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(ii) any section or part of the line that passes in, on, over, under, through or across a navigable water if a permit referred to in section 248, or a certificate, has been issued in respect of the line; (d) anything done under any leave obtained under section 108 of the National Energy Board Act at any time before July 3, 2013.
Regulations 291 The Governor in Council may make regulations for
carrying into effect the purposes and provisions of this Part, including regulations (a) prescribing matters in respect of which conditions of permits may be imposed; (b) respecting the information to be furnished in connection with applications for permits; (c) specifying considerations to which the Commission must have regard in deciding whether to recommend to the Minister that an international power line be designated by order of the Governor in Council under section 258; and (d) prescribing the form of elections filed under section 259. Regulations — excluded periods 291.1 The Regulator may make regulations prescribing, for the purposes of subsection 262(6), the circumstances in which periods may be excluded from the calculation of the time limit.
Offences Offence and punishment 292 (1) Every person who contravenes section 267, subsection 272(1), 273(1) or (2), 295(2) or (3), an order made under subsection 273(3) or an order or regulation made under section 275 is guilty of an offence and is liable (a) on conviction on indictment, to a fine of not more than $1,000,000 or to imprisonment for a term of not more than five years, or to both; or (b) on summary conviction, to a fine of not more
than $100,000 or to imprisonment for a term of not more than one year, or to both.
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Application of subsections 379(2) to (6) (2) Subsections 379(2) to (6) apply, with any modifications that the circumstances require, in respect of an offence under this section.
Offence 293 (1) Every person who contravenes a regulation
made under section 270 is guilty of an offence punishable on summary conviction.
Defence (2) A person is not to be found guilty of an offence under
this section if they establish that they exercised due diligence to prevent the commission of the offence.
Application of Certain Provisions Certificate or order before June 1, 1990 294 (1) Sections 182 and 199 to 211 and Part 6, except
sections 315 to 318, 335, 341 and 342, apply in respect of international power lines in respect of which a certificate was issued under the National Energy Board Act before June 1, 1990, or an order was made under subsection 58(2) of that Act as that subsection read before that date, as if each reference in any of those provisions to (a) a company were a reference to the applicant for or
holder of the certificate issued in respect of the power line or the person who operates the line in respect of which the order was made; (b) a pipeline were a reference to the international
power line; and (c) hydrocarbons or any other commodity were a reference to electricity.
Exception (2) A reference to an abandoned pipeline in the provisions referred to in subsection (1) is not a reference to an abandoned international or interprovincial power line.
Terms and conditions before July 3, 2013 295 (1) Terms and conditions in respect of any international or interprovincial power line that were, at any time before July 3, 2013, imposed under section 58.29 or 108 of the National Energy Board Act or by the Minister of Transport under the Canadian Navigable Waters Act apply as if they were conditions set out in the certificate or permit, as the case may be, issued in respect of the power line.
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Construction without leave (2) If, at any time before July 3, 2013, the Minister of Transport had provided under section 58.3 or 108 of the National Energy Board Act that leave under either section, as the case may be, was not necessary because the power line was to be constructed in accordance with certain orders, regulations, plans and specifications, a person must not construct the power line otherwise than in accordance with those orders, regulations, plans and specifications or as specified by the Commission of the Regulator.
Construction without leave (3) If, at any time before July 3, 2013, the National Energy Board had provided under section 58.33 or 108 of the National Energy Board Act that leave under section 58.29 or 108 of that Act, as the case may be, was not necessary because the power line was to be constructed in accordance with certain orders or regulations, a person must not construct the power line otherwise than in accordance with those orders or regulations or as specified by the Commission of the Regulator.
PART 5
Offshore Renewable Energy Projects and Offshore Power Lines Definitions 296 (1) The following definitions apply in this Part.
authorization means an authorization issued under section 298. (autorisation) debris means any facility, equipment or system that was put in place in the course of any work or activity required to be authorized under this Part and that has been abandoned without an authorization, or anything that has broken away or been jettisoned or displaced in the course of any such work or activity. (débris)
Application (2) A reference in this Part to “in a province” is, in relation to the Northwest Territories, a reference to “in the onshore, as defined in section 2 of the Northwest Territories Act”.
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Prohibition Prohibition — work or activity 297 A person must not, except in accordance with an
authorization, (a) carry on, in the offshore area, any work or activity that is related to an offshore renewable energy project or to an offshore power line; or (b) carry on any work or activity to construct, operate or abandon any part of an offshore power line that is in a province.
Authorizations Issuance 298 (1) On application, the Commission may issue an
authorization for (a) each work or activity that is proposed to be carried on, in the offshore area, in relation to an offshore renewable energy project or to an offshore power line; and (b) each work or activity that is proposed to be carried
on to construct, operate or abandon any part of an offshore power line that is in a province. Contents of application (2) An application must include any information that
may be required by the Regulator, or prescribed by regulation, with respect to the proposed work or activity and to the offshore renewable energy project or offshore power line, including information with respect to any facility, equipment, system or vessel related to the project or power line. Factors to consider (3) In determining whether to issue an authorization, the
Commission must take into account — in light of, among other things, any Indigenous knowledge that has been provided to the Commission and scientific information and data — all considerations that appear to it to be relevant and directly related to the offshore renewable energy project or offshore power line, including (a) the environmental effects, including any cumulative environmental effects; (b) the safety and security of persons and the protection of property and the environment;
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(c) the health, social and economic effects, including
with respect to the intersection of sex and gender with other identity factors; (d) the interests and concerns of the Indigenous peoples of Canada, including with respect to their current use of lands and resources for traditional purposes; (e) the effects on the rights of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982; (f) the extent to which the effects of the project or power line hinder or contribute to the Government of Canada’s ability to meet its environmental obligations and its commitments in respect of climate change; and (g) any relevant assessment referred to in section 92, 93 or 95 of the Impact Assessment Act.
Time limit (4) The Commission must, within the time limit specified by the Lead Commissioner, issue the authorization or dismiss the application. Maximum time limit (5) The specified time limit must be no longer than 300 days after the day on which the applicant has, in the Commission’s opinion, provided a complete application.
Excluded period (6) In the circumstances prescribed by regulations made under section 312.1, the Lead Commissioner may specify that a period is to be excluded from the calculation of the time limit within which the Commission must make its decision. The Lead Commissioner must provide reasons for doing so.
Extension (7) The Minister may, by order, grant one or more extensions of the time limit specified under subsection (4).
Publication (8) The Commission must make public the time limit
specified under subsection (4), any period that is excluded and the reasons for the exclusion and any extension of time granted under subsection (7). Conditions of authorization (9) An authorization is subject to any conditions that may be imposed by the Commission or under the regulations, including conditions with respect to
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(a) approvals; (b) deposits of money; (c) liability for loss, damage, costs or expenses related
to debris; (d) the carrying out of safety studies or environmental programs or studies; and (e) certificates of fitness and who may issue them.
Compliance (10) Every authorization is subject to the condition that
the provisions of this Act and of the regulations, as well as every order made under the authority of this Act, will be complied with. Continuation of jurisdiction and obligation (11) A failure by the Commission to comply with subsection (4) within the required time limit does not affect its jurisdiction to deal with the application or its obligation to issue the authorization or dismiss the application, and anything done by it in relation to the application remains valid.
Impact Assessment Act 299 If an application under section 298 relates to a designated project, as defined in section 2 of the Impact Assessment Act, that is subject to an impact assessment under that Act, (a) despite the time limit established under subsections 298(4) and (5), the Commission must make its decision under subsection 298(4) within seven days after the day on which the decision statement with respect to the project is posted on the Internet under section 66 of that Act; (b) the Commission must make its decision under
subsection 298(4) solely on the basis of the report referred to in paragraph 51(1)(d) of that Act; and (c) subsections 298(3) and (6) to (8) do not apply with respect to the application.
Variation or transfer 300 (1) The Commission may, on application or on its own initiative, vary an authorization and may, on application, transfer an authorization.
Conditions (2) In varying or transferring an authorization, the Commission may impose any conditions in addition to or in
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lieu of any conditions to which the authorization was previously subject. Suspension or revocation 301 (1) The Commission may, by order, suspend or revoke an authorization if the holder applies for or consents to the suspension or revocation or the holder has contravened a condition of the authorization. Notice (2) The Commission must not make an order under subsection (1) for a contravention unless the Commission provides the holder with notice of the alleged contravention and gives them an opportunity to be heard.
Liability and Financial Requirements Recovery of loss, etc., caused by debris 302 (1) If, as a result of debris or as a result of any action or measure taken in relation to debris, there is a loss of non-use value relating to a public resource or any person incurs actual loss or damage, or if Her Majesty in right of Canada or a province reasonably incurs any costs or expenses in taking any action or measure in relation to debris, (a) all persons to whose fault or negligence the debris
is attributable or who are by law responsible for others to whose fault or negligence the debris is attributable are jointly and severally, or solidarily, liable, to the extent determined according to the degree of the fault or negligence proved against them, for that loss, actual loss or damage and for those costs and expenses; and (b) the person who is required to obtain an authorization in respect of the work or activity from which the debris originated is liable, without proof of fault or negligence, up to the applicable limit of liability that is determined under this section, for that loss, actual loss or damage and for those costs and expenses. Vicarious liability for contractors (2) A person who is required to obtain an authorization
and who retains, to carry on a work or activity for which an authorization is required, the services of a contractor to whom paragraph (1)(a) applies is jointly and severally, or solidarily, liable with that contractor for any actual loss or damage, costs and expenses and loss of non-use value described in subsection (1).
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Limits of liability (3) For the purposes of paragraph (1)(b), the limits of liability are (a) in respect of a work or activity in any area of land or submarine area referred to in paragraph 6(1)(a) of the Arctic Waters Pollution Prevention Act, the amount by which $1 billion exceeds the amount prescribed under section 9 of that Act in respect of any activity or undertaking engaged in or carried on by any person described in paragraph 6(1)(a) of that Act; or (b) in respect of any other work or activity for which an authorization is required, the amount of $1 billion.
Lesser amount (4) The Minister may, by order and on the Commission’s recommendation, approve an amount that is less than the amount referred to in paragraph (3)(a) or (b) in respect of a person who is required to obtain an authorization.
Increase in limits of liability (5) The Governor in Council may, by regulation, on the
recommendation of the Minister, increase the amounts referred to in subsection (3). Liability under another law — paragraph (1)(b) (6) If a person is liable under paragraph (1)(b) with respect to an occurrence and the person is also liable under any other Act of Parliament, without proof of fault or negligence, for the same occurrence, the person is liable up to the greater of the applicable limit of liability that is determined under the applicable subsection of this section and the limit up to which the person is liable under the other Act. If the other Act does not set out a limit of liability, the limits determined under this section do not apply. Costs and expenses not recoverable under Fisheries Act (7) The costs and expenses that are recoverable by Her
Majesty in right of Canada or a province under this section are not recoverable under subsection 42(1) of the Fisheries Act. Action — loss of non-use value (8) Only Her Majesty in right of Canada or a province
may bring an action to recover a loss of non-use value described in subsection (1).
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Claims (9) All claims under this section may be sued for and recovered in any court of competent jurisdiction in Canada. Claims in favour of persons incurring actual loss or damage described in subsection (1) are to be distributed pro rata and rank in priority over claims for costs and expenses described in that subsection, and the claims for costs and expenses rank in priority over claims to recover a loss of non-use value described in that subsection.
Saving (10) Subject to subsections (7) and (8), nothing in this section suspends or limits (a) any legal liability or remedy for an act or omission by reason only that the act or omission is an offence under this Act or gives rise to liability under this section; (b) any recourse, indemnity or relief available at law to a person who is liable under this section against any other person; or (c) the operation of any applicable law or rule of law
that is not inconsistent with this section. Limitation period or prescription (11) Proceedings in respect of claims under this section may be instituted no later than the third anniversary of the day on which the loss, damage, costs or expenses occurred but in no case after the sixth anniversary of the day the facility, equipment or system in question was abandoned or the material in question broke away or was jettisoned or displaced.
Definition of actual loss or damage (12) In this section, actual loss or damage includes
loss of income, including future income, and, with respect to any Indigenous peoples of Canada, loss of hunting, fishing and gathering opportunities. It does not include loss of income recoverable under subsection 42(3) of the Fisheries Act.
Financial resources 303 (1) An applicant for an authorization must provide
proof that the applicant has the financial resources necessary to pay an amount that is determined by the Commission. The proof must be in the form and manner that are prescribed by regulation or, in the absence of regulations, that are specified by the Regulator.
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Loss of non-use value (2) In determining the amount, the Commission is not
required to consider any potential loss of non-use value relating to a public resource that is affected as a result of debris. Continuing obligation (3) The holder of the authorization must ensure that the proof referred to in subsection (1) remains in force for the duration of the work or activity in respect of which the authorization is issued.
Proof of financial responsibility 304 (1) An applicant for an authorization must provide
proof of financial responsibility in an amount that is determined by the Commission. The proof must be in the form of a letter of credit, guarantee or indemnity bond or in any other form satisfactory to the Regulator. Continuing obligation (2) The holder of an authorization must ensure that the proof of financial responsibility remains in force for the duration of the work or activity in respect of which the authorization is issued.
Payment of claims (3) The Regulator may require that moneys in an amount of not more than the amount prescribed by regulation for any case or class of cases, or fixed by the Regulator in the absence of regulations, be paid out of the funds available under the letter of credit, guarantee or indemnity bond or other proof provided under subsection (1) in respect of any claim for which proceedings may be instituted under section 302, whether or not those proceedings have been instituted.
Manner of payment (4) A required payment must be made in the manner, subject to any conditions and procedures, and to or for the benefit of the persons or classes of persons that may be prescribed by regulation for any case or class of cases, or that may be required by the Regulator in the absence of regulations.
Deduction (5) If a claim is sued for under section 302, there must be deducted from any award made pursuant to the action on that claim any amount received by the claimant under this section in respect of the loss, damage, costs or expenses claimed.
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General Provisions Application of provisions in Part 4 305 (1) Sections 272 and 273, subsections 274(1) and
(2), sections 275 and 276, and section 292 in respect of those provisions, apply in respect of an offshore power line as if each reference in any of those provisions to (a) an international or interprovincial power line were a reference to an offshore power line; and (b) a permit referred to in section 248 or a certificate were a reference to an authorization.
Application of subsection 273(2) (2) However, subsection 273(2) applies only in respect of any part of an offshore power line that is in a province.
Application of provisions in Part 6 306 (1) Part 6, except sections 315 to 318, 335 and 342, applies in respect of any part of an offshore power line that is in a province as if each reference in any of those provisions to (a) a company were a reference to the applicant for or holder of the authorization issued in respect of the power line; (b) a pipeline or line were a reference to that part of
the power line; and (c) hydrocarbons or any other commodity were a reference to electricity.
Application of subsection 224(1) (2) Subsection 224(1) applies in respect of any part of an
offshore power line that is in a province as if the reference to “any of the circumstances referred to in subsection (2)” were a reference to any of the following circumstances: (a) leave has been obtained under subsection 272(2)
or (5) in respect of that part; (b) the authorization in respect of the power line contains a condition relating to the utility referred to in subsection 224(1); (c) the power line has been constructed in circumstances specified in an order or regulation made under subsection 272(4).
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Application of subsections 316(1) to (3) (3) Subsections 316(1) to (3) apply in respect of any part
of an offshore power line that is in a province as if each reference in any of those provisions to (a) a company were a reference to the holder of the authorization issued in respect of the power line; and (b) a pipeline or line were a reference to that part of the power line.
Non-application of subsections 316(1) to (3) (4) Despite subsection (3), subsections 316(1) to (3) do not apply in respect of (a) anything done under leave obtained under subsection 272(2) or (5) in respect of any part of an offshore power line that is in a province; and (b) any such part that passes on, over, along or under
a facility if an authorization has been issued in respect of the power line and the authorization contains a condition relating to that facility.
Application of sections 317 and 318 307 Sections 317 and 318 apply in respect of an offshore
renewable energy project or an offshore power line as if each reference in that section to (a) a company were a reference to a person; and (b) a pipeline were a reference to an offshore renewable energy project or offshore power line.
Limitations 308 The holder of an authorization must not, unless the
Commission has granted leave by order, (a) sell or otherwise transfer to any person its offshore
renewable energy project or offshore power line, in whole or in part; (b) purchase or otherwise acquire an offshore renewable energy project or offshore power line from any person, in whole or in part; (c) lease to any person its offshore power line or any facility, equipment or system related to its offshore renewable energy project, in whole or in part; (d) lease from any person an offshore power line — or any facility, equipment or system related to an offshore renewable energy project — other than the one
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in respect of which the authorization is issued, in whole or in part; or (e) if the holder is a company, amalgamate with another company.
Right of entry 309 (1) Any person may enter on and use any portion of
the offshore area in order to carry on a work or activity (a) authorized under subsection 298(1); or (b) authorized under section 101 in respect of an abandoned offshore power line or an abandoned facility, equipment or system that is in respect of an offshore renewable energy project.
Restriction (2) If a person occupies a portion of the offshore area under lawful authority, other than through an authorization, no other person is permitted to enter on and use that portion as set out in subsection (1) without the consent of the occupier or, if consent has been refused, except in accordance with the conditions imposed in an arbitration.
Study and report 310 The Regulator may, by order, direct the holder of an
authorization to study any safety or environmental protection issue that relates to their offshore renewable energy project or offshore power line and to report to the Regulator on the results within the period specified in the order.
Offence and punishment 311 (1) Every person who contravenes section 297, a condition of an authorization imposed under subsection 298(9), an order made under section 310 or a provision of a regulation made under section 312 commits an offence and is liable (a) on conviction on indictment, to a fine of not more than $1,000,000 or to imprisonment for a term of not more than five years, or to both; or
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(b) on summary conviction, to a fine of not more
than $100,000 or to imprisonment for a term of not more than one year, or to both.
Application of subsections 379(2) to (6) (2) Subsections 379(2) to (6) apply, with any modifications that the circumstances require, in respect of an offence under this section.
Regulations 312 The Governor in Council may make regulations (a) respecting works and activities related to offshore
renewable energy projects and to offshore power lines, for the purposes of safety, security and environmental protection; (b) respecting the conditions referred to in subsection
298(9); (c) prohibiting the introduction into the environment
of substances, classes of substances and forms of energy in specified circumstances; (d) respecting the creation, updating, conservation
and disclosure of records; (e) respecting arbitrations for the purposes of subsection 309(2), including the costs of or incurred in relation to such arbitrations; and (f) prescribing anything that is to be prescribed under
this Part, other than the circumstances referred to in subsection 298(6). Regulations — excluded periods 312.1 The Regulator may make regulations prescribing, for the purposes of subsection 298(6), the circumstances in which periods may be excluded from the calculation of the time limit.
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PART 6
Lands General Powers Powers of company 313 A company may, for the purposes of its undertaking, subject to this Act and to any Special Act applicable to it, (a) enter into and on any Crown land without previous licence, or into and on the land of any person, lying in the intended route of its pipeline, and make surveys, examinations or other necessary arrangements on the land for fixing the site of the pipeline and set out and ascertain the parts of the land that are necessary and appropriate for the pipeline; (b) acquire, lease and take from any person any land or other property necessary for the construction, maintenance, operation and abandonment of its pipeline or the maintenance of its abandoned pipeline and sell or otherwise dispose of, or lease, any of its land or property that has become unnecessary for the purpose of the pipeline or the abandoned pipeline; (c) construct its pipeline across, on or under the land of any person on the located line of the pipeline; (d) join its pipeline with the transmission facilities of any other person at any point on its route; (e) construct, erect and maintain all necessary and
convenient roads, buildings, houses, stations, depots, wharves, docks and other structures and construct, acquire and lease machinery and other apparatus necessary for the construction, maintenance, operation and abandonment of its pipeline or the maintenance of its abandoned pipeline; (f) construct, maintain and operate branch lines and
for that purpose exercise all the powers, privileges and authority necessary for that purpose in as full and ample a manner as for a pipeline; (g) alter, repair or discontinue the works mentioned in this section, or any of them, and substitute others in their stead; (h) transmit hydrocarbons or any other commodity by
pipeline and regulate the time and manner in which hydrocarbons or any other commodity are to be transmitted and the tolls to be charged; and
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(i) do all other acts necessary for the construction, maintenance, operation and abandonment of its pipeline or the maintenance of its abandoned pipeline.
Damages and compensation 314 A company must, in the exercise of the powers
granted by this Act or a Special Act, do as little damage as possible, and must make full compensation in the manner provided in this Act and in a Special Act to all persons interested, for all damage sustained by them by reason of the exercise of those powers.
Exercise of powers outside Canada 315 A company operating a pipeline from a place in
Canada to a place on the international boundary line may exercise, beyond that boundary, to the extent permitted by the laws there in force, the powers that it may exercise in Canada.
Taking and Using Crown Lands Crown lands 316 (1) A company must not take possession of, use or
occupy lands vested in Her Majesty without the consent of the Governor in Council. Consent (2) A company may, with the consent of the Governor in
Council and on any terms that the Governor in Council may prescribe, take and appropriate, for the use of its pipeline and works, the portion of the lands of Her Majesty lying on the route of the line that have not been granted, conceded or sold, and that is necessary for the pipeline, and also the portion of the public beach, or bed of a lake, river or stream, or of the lands so vested covered with the waters of a lake, river or stream that is necessary for making, completing and using its pipeline and works. Compensation where lands held in trust (3) If lands are vested in Her Majesty for a special purpose, or subject to a trust, the compensation money that a company pays for the lands must be held and applied by the Governor in Council for that purpose or trust.
Exceptions (4) Subsections (1) to (3) do not apply to any of the following:
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(a) anything done under leave obtained under subsection 217(2) or (5) in respect of the pipeline; (b) any section or part of the pipeline that passes on, over, along or under a utility, as defined in subsection 217(6), if a certificate has been issued, or an order has been made under section 214, in respect of the pipeline and the certificate or order contains a condition relating to that utility; (c) any section or part of the pipeline that passes in, on, over, under, through or across a navigable water if a certificate has been issued, or an order has been made under section 214, in respect of the pipeline; and (d) anything done under any leave obtained under
section 108 of the National Energy Board Act at any time before July 3, 2013, as that section read from time to time before that day.
Certain Lands for Which Consent Required Consent of council of the band 317 (1) Despite section 35 of the Indian Act, a company must not, for the purpose of constructing a pipeline or engaging in the activities referred to in paragraph 313(a), take possession of, use or occupy lands in a reserve, within the meaning of subsection 2(1) of the Indian Act, without the consent of the council of the band, within the meaning of that subsection.
For greater certainty (2) For greater certainty, nothing in subsection (1) is to
be construed as modifying the application of the other provisions of this Act. Consent of Governor in Council (3) A company must not take possession of, use or occupy the following lands without the consent of the Governor in Council: (a) Category IA or IA-N land, within the meaning of
the Cree-Naskapi (of Quebec) Act; or (b) Sechelt lands, within the meaning of the Sechelt
Indian Band Self-Government Act.
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Compensation (4) If the lands referred to in subsection (1) or (3) are
taken possession of, used or occupied by a company, or if they are injuriously affected by the construction of a pipeline, compensation must be made by that company. Consent of Yukon first nation or Governor in Council 318 (1) A company must not, if the Yukon first nation
concerned does not consent to it, take possession of, use or occupy settlement land as defined in section 2 of the Yukon Surface Rights Board Act without the consent of the Governor in Council. Consent of Gwich’in Tribal Council or Governor in Council (2) A company must not, if the Gwich’in Tribal Council does not consent to it, take possession of, use or occupy Tetlit Gwich’in Yukon land without the consent of the Governor in Council.
Public hearing (3) If land referred to in subsection (1) or (2) is to be taken possession of, used or occupied without the consent of the Yukon first nation or Gwich’in Tribal Council, as the case may be, (a) a public hearing in respect of the location and extent of the land to be taken possession of, used or occupied must be held in accordance with the following procedure: (i) notice of the date, time and place for the public
hearing must be given to the Yukon first nation or Gwich’in Tribal Council and the public, (ii) on the date and at the time and place fixed for the public hearing, an opportunity must be provided for the Yukon first nation or Gwich’in Tribal Council and the public to be heard, (iii) costs incurred by any party in relation to the hearing are at the discretion of the person or body holding the hearing and may be awarded on or before the final disposition of the issue, and (iv) a report on the hearing must be prepared and submitted to the Minister; and (b) notice of intention to obtain the consent of the Governor in Council must be given to the Yukon first nation or Gwich’in Tribal Council on completion of the public hearing and submission of a report on the hearing to the Minister.
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Compensation (4) If the lands referred to in subsection (1) or (2) are
taken possession of, used or occupied by a company, or if they are injuriously affected by the construction of a pipeline, compensation must be made by that company.
Definition of Tetlit Gwich’in Yukon land (5) In this section, Tetlit Gwich’in Yukon land means land as described in Annex B, as amended from time to time, to Appendix C of the Comprehensive Land Claim Agreement between Her Majesty in right of Canada and the Gwich’in, as represented by the Gwich’in Tribal Council, that was approved, given effect and declared valid by the Gwich’in Land Claim Settlement Act.
Application Application restricted 319 The provisions of this Part to determine compensation matters apply in respect of all damage, including the loss of value of the lands, caused by the operation of section 335 or by the pipeline or abandoned pipeline or anything transmitted by the pipeline but do not apply to (a) claims against a company arising out of activities of the company unless those activities are directly related to (i) the acquisition or lease of lands for a pipeline or
abandoned pipeline, (ii) the construction of the pipeline, or (iii) the inspection, maintenance or repair of the pipeline or abandoned pipeline; (b) claims against a company for loss of life or injury to the person; or (c) awards of compensation or agreements respecting compensation made or entered into prior to March 1, 1983.
Acquisition or Lease of Lands Definition of owner 320 In sections 321 to 334, owner means any person who is entitled to compensation under section 314.
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Methods of acquisition or lease 321 (1) Subject to subsection (2), a company may acquire or lease lands for a pipeline under a land acquisition or lease agreement entered into between the company and the owner of the lands or, in the absence of such an agreement, in accordance with this Part.
Form of agreement (2) A company must not acquire or lease lands for a pipeline under an agreement referred to in subsection (1) unless the agreement includes provision for (a) compensation for the acquisition or lease of lands
to be made, at the option of the owner of the lands, by one lump sum payment or by periodic payments of equal or different amounts over a specified period of time; (b) review every five years of the amount of any compensation payable in respect of which periodic payments have been selected; (c) compensation for damages caused by the company’s operations, pipelines or abandoned pipelines; (d) indemnification from all liabilities, damages,
claims, suits and actions resulting from the company’s operations, pipelines or abandoned pipelines, other than liabilities, damages, claims, suits and actions resulting from (i) in Quebec, the gross or intentional fault of the owner of the lands, and (ii) elsewhere in Canada, the gross negligence or
wilful misconduct of the owner of the lands; (e) restriction of the use of the lands to the line of pipe
or other facility for which the lands are, by the agreement, specified to be required unless the owner of the lands consents to any proposed additional use at the time of the proposed additional use; (f) compensation to the owner of the lands if the use of those lands is restricted by the operation of section 335; (g) compensation to the owner of the lands for any
adverse effect on the remaining lands of the owner, including the restriction of their use by the operation of section 335; and (h) any additional terms that are, at the time the agreement is entered into, required to be included in it by any regulations made under paragraph 333(d).
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Notice of proposed acquisition or lease of lands 322 (1) If a company has determined the lands that may
be required for the purposes of a section or part of a pipeline, the company must serve a notice on all owners of the lands, to the extent that they can be ascertained, which notice must set out or be accompanied by (a) a description of the lands of the owner that are required by the company for that section or part; (b) details of the compensation offered by the company for the lands required; (c) a detailed statement made by the company of the
value of the lands required in respect of which compensation is offered; (d) a description of the procedure for approval of the
detailed route of the pipeline; (e) a description of the procedure available under this
Part in the event that the owner of the lands and the company are unable to agree on any matter respecting the compensation payable; and (f) any prescribed information.
Agreement void or null (2) If an agreement referred to in section 321 is entered into with an owner of lands before a notice is served on the owner under this section, that agreement is void or, in Quebec, null.
Abandonment: company’s liability (3) If a company serves a notice on an owner of lands under subsection (1) and subsequently decides not to acquire or lease all or part of the land described in the notice, it is liable to the owner for all damages suffered and reasonable costs incurred by the owner in consequence of the notice and the abandonment of the acquisition or lease of the land.
Agreement of purchase and sale 323 Subsections 321(2) and 322(1) do not apply during
any period in which an agreement of purchase and sale with respect to the lands referred to in those subsections is in effect between the company and the owner of those lands.
Right of Entry Immediate right of entry 324 (1) Subject to subsection 317(1), if the Commission considers it appropriate to do so, the Commission may,
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by order, on application to the Regulator in writing by a company, grant to the company an immediate right to enter any lands on any conditions specified by the Commission in the order. Notice (2) The Commission is not authorized to make an order
under subsection (1) unless the Commission is satisfied that the owner of the lands in question has, not less than 30 days and not more than 60 days before the date of the application, been served with a notice setting out (a) the purpose of the right of entry referred to in subsection (1); (b) the date on which the company intends to make its application to the Regulator under subsection (1); (c) the date on which the company intends to enter
the lands and the period during which the company intends to have access to the lands; (d) the address of the Regulator to which any objection in writing that the owner may make concerning the issuance of the order may be sent; and (e) a description of the right of the owner to an advance of compensation under section 325 if the order is issued and the amount of the advance that the company is prepared to make. Advance of compensation 325 If a company has been granted an immediate right
to enter lands under subsection 324(1), the owner of the lands is entitled to receive from the company an amount as an advance of the compensation referred to in subsection 327(1). Vesting 326 (1) An order under subsection 324(1) that grants a
company an immediate right to enter lands is deemed to have vested in the company any title, interest or right in the lands that is specified in the order. Registration, recording or filing (2) Within 30 business days after the day on which the order is made, the company must register or deposit the order with the appropriate land registrar and notify the Regulator and the owner of the lands of its deposit.
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Determination of Compensation Determinations regarding compensation 327 (1) If a company and an owner of lands have not agreed on any matter relating to the compensation payable under this Part, the Commission, on application by a company or any owner, must, by order, determine that matter.
Factors to consider (2) In determining any matter under subsection (1) for the acquisition or lease of lands, the Commission must consider the following factors: (a) the market value of the lands taken by the company; (b) if periodic payments are being made under an agreement or an order of the Commission, changes in the market value referred to in paragraph (a) since the agreement or order of the Commission or since the last review and adjustment of those payments, as the case may be; (c) the loss of use to the owner of the lands taken by the company or whose use is otherwise restricted by the operation of section 335; (d) the adverse effect of the taking of the lands by the
company on the remaining lands of an owner, including by restricting their use by the operation of section 335; (e) the nuisance, inconvenience and noise that may
reasonably be expected to be caused by or arise from or in connection with the operations of the company; (f) the damage to lands in the area of the lands taken
by the company that might reasonably be expected to be caused by the operations of the company; (g) loss of or damage to livestock or other personal
property or movable affected by the operations of the company; (h) any special difficulties in relocation of an owner or
their property; (i) any other factors that the Commission considers appropriate in the circumstances; and (j) other prescribed factors that are prescribed under paragraph 333(e).
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Definition of market value (3) For the purpose of paragraph (2)(a), market value is
the amount that would have been paid for the lands if, at the time of their taking, they had been sold in the open market by a willing seller to a willing buyer. Settlement land or Tetlit Gwich’in Yukon land 328 If the Commission determines a compensation matter involving land referred to in section 318, sections 3, 26 to 31, 36, 54 to 58, 63, 67 and 72 of the Yukon Surface Rights Board Act apply to the Commission as if it were the Yukon Surface Rights Board.
Form of compensation payment if land taken 329 (1) If the Commission makes an award of compensation in favour of a person whose lands are taken by a company, the Commission must, by order, direct, at the option of that person, that the compensation or any part of it be made by one lump sum payment or by periodic payments of equal or different amounts over a specified period of time. Other awards (2) If the Commission makes an award of compensation in favour of any person other than a person referred to in subsection (1), the Commission may, by order, direct, at the request of that person, that the compensation or any part of it be made by periodic payments of equal or different amounts over a specified period of time and that there be a periodic review of the compensation or part of the compensation.
Terms to be included in award (3) Every award of compensation made by the Commission in respect of lands acquired or leased by a company must include provision for those matters referred to in paragraphs 321(2)(b) to (h) that would be required to be included in a land acquisition or lease agreement referred to in section 321. Interest may be payable (4) The Commission may, by order, direct a company to pay interest on the amount of any compensation awarded by the Commission at the lowest rate of interest quoted by banks to the most credit-worthy borrowers for prime business loans, as determined and published by the Bank of Canada for the month in which, as the case may be, (a) the company entered the lands in respect of which
the compensation is awarded; or (b) the damages suffered as a result of the operations
of the company first occurred.
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Period during which interest payable (5) Interest may be awarded under subsection (4) from
the date the event referred to in paragraph (4)(a) or (b), as the case may be, occurred or from any later date that the Commission may specify in its award. Costs 330 (1) If the amount of compensation awarded to a person by the Commission exceeds 85% of the amount of compensation offered by the company, the company must pay all legal, appraisal and other costs determined by the Commission to have been reasonably incurred by that person in asserting that person’s claim for compensation.
Costs (2) If the amount of compensation awarded to a person
by the Commission does not exceed 85% of the amount of compensation offered by the company, the legal, appraisal and other costs incurred by that person in asserting their claim for compensation are at the discretion of the Commission, and the Commission may, by order, direct the company or any other party to the proceedings to pay the whole or any part of those costs. Decisions 331 The Commission must, within seven days after it makes a decision on an application, ensure that a copy of the decision is forwarded by mail to the company and to each other party to the proceeding.
Agreements supersede Commission decisions 332 If, at any time after a decision of the Commission has been made in respect of lands acquired or leased by a company, the parties affected enter into a land acquisition or lease agreement referred to in subsection 321(1), the agreement supersedes the decision of the Commission.
Regulations and Orders Respecting Acquisition, Lease or Taking of Lands and Compensation Matters Regulations 333 The Regulator may, with the approval of the Governor in Council, make regulations respecting the
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acquisition, lease or taking of lands and compensation matters, including regulations (a) prescribing compensation matters related to the operation of section 335; (b) respecting the form and manner in which a notice
is served for the purpose of section 201 and subsection 322(1); (c) respecting the procedures for the acquisition, lease or taking of lands for the purpose of subsection 321(1); (d) prescribing additional terms to be added to those that must be included in a land acquisition or lease agreement under paragraphs 321(2)(a) to (g); (e) prescribing additional factors to be added to those that the Commission must consider under paragraphs 327(2)(a) to (i); (f) governing the procedures for the Commission to
make orders under section 334; (g) respecting the receipt and holding by the Regulator of copies of any agreements referred to in subsection 321(1) that are submitted voluntarily by a company and owner of the lands in question; (h) prescribing any matter or thing that by this Part is to be or may be prescribed; and (i) generally to carry out the purposes and provisions
of this Part.
Orders of Commission 334 (1) On application, the Commission may, by order, give directions, including to determine any compensation payable under this Part, with respect to pipelines and abandoned pipelines in relation to (a) the acquisition, lease or taking of lands; (b) lands whose use is restricted by the operation of section 335, whether or not the lands were acquired, leased or taken; and (c) damages caused by the activities of the company to any person, provincial government, local authority and government or Indigenous governing body during their planning, construction, operation or abandonment.
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Factors to consider (2) In determinating any compensation matter under paragraph (1)(a), the Commission must consider the factors referred to in paragraphs 327(2)(a) to (j).
Damage Prevention Prohibition — construction or ground disturbance 335 (1) It is prohibited for any person to construct a facility across, on, along or under a pipeline or engage in an activity that causes a ground disturbance within the prescribed area unless the construction or activity is authorized or required by the orders made under subsection (3) or (4) or regulations made under subsections (5) or (6) and done in accordance with them.
Prohibition — vehicles and mobile equipment (2) It is prohibited for any person to operate a vehicle or
mobile equipment across a pipeline unless (a) that operation is authorized or required by orders
made under subsection (3) or (4) or regulations made under subsections (5) or (6) and done in accordance with them; or (b) the vehicle or equipment is operated within the travelled portion of a highway or public road.
Order (3) The Commission may, by order, direct the owner of a
facility constructed across, on, along or under a pipeline in contravention of this Act or the Commission’s orders or regulations to do any things that the Commission considers necessary for the safety or security of the pipeline and, if the Commission considers that the facility may impair the safety or security of the operation of the pipeline, direct the owner to reconstruct, alter or remove the facility. Order (4) The Commission may, by order, give directions (a) governing the design, construction, operation and
abandonment of facilities constructed across, on, along or under pipelines; (b) prescribing the area for the purposes of subsection
(1);
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(c) authorizing the construction of facilities across, on, along or under pipelines; (d) authorizing ground disturbances within the prescribed area; (e) governing the measures to be taken in relation to (i) the construction of facilities across, on, along or
under pipelines, (ii) the construction of pipelines across, on, along or under facilities, other than railways, and (iii) ground disturbances within the prescribed
area; (f) authorizing the operation of vehicles or mobile
equipment across a pipeline and governing the measures to be taken in relation to that operation; (g) governing the apportionment of costs directly incurred as a result of the construction or disturbance authorized under this section; (h) specifying activities for the purposes of paragraph
(a) of the definition ground disturbance in section 2 in respect of pipelines; and (i) authorizing a company to give the authorization referred to in paragraph (c), (d) or (f) on any conditions that the company considers appropriate. Regulations (5) The Regulator may make regulations respecting any
matter referred to in paragraphs (4)(a) to (f) and (h). Regulations (6) The Regulator may, with the approval of the Governor in Council, make regulations (a) governing the apportionment of costs directly incurred as a result of the construction or disturbance authorized under this section; and (b) authorizing a company to give the authorization referred to in paragraph (4)(c), (d) or (f), subject to any conditions that the company considers appropriate.
Temporary prohibition on ground disturbances (7) Orders made under subsection (4) and regulations made under subsection (5) may provide for the prohibition of ground disturbances in an area that is situated in the vicinity of a pipeline and that may extend beyond the prescribed area during the period that starts when a
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request is made to a pipeline company to locate its pipeline and ends (a) at the end of the third working day after the day on which the request is made; or (b) at any later time that is agreed to between the
pipeline company and the person making the request. Exemptions (8) The Commission may, by order made subject to any conditions that the Commission considers appropriate, exempt any person from the application of an order made under subsection (4) or a regulation made under subsection (5) or (6).
Offence and punishment (9) Every person who contravenes subsection (1) or (2),
an order made under subsection (3) or (4) or a regulation made under subsection (5) or (6) is guilty of an offence and liable (a) on conviction on indictment, to a fine of not more
than $1,000,000 or to imprisonment for a term of not more than five years or to both; or (b) on summary conviction, to a fine of not more than $100,000 or to imprisonment for a term of not more than one year or to both.
Application of subsections 379(2) to (6) (10) Subsections 379(2) to (6) apply, with any modifications that the circumstances require, to an offence under subsection (9).
Mines and Minerals Protection of mines 336 A company must not, without a designated officer
having, by order, authorized it to do so, locate the line of its proposed pipeline, or construct the pipeline or any portion of the pipeline, so as to obstruct or interfere with or injuriously affect the working of or the access or adit to a mine then open, or for the opening of which preparations are, at the time of the location, being lawfully and openly made. Right to minerals 337 A company is not, unless they have been expressly purchased, entitled to mines, ores, metals, coal, slate, oil, gas or other minerals in or under lands purchased by it, or taken by it under compulsory powers given to it by this Act, except only the parts of them that are necessary to be
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dug, carried away or used in the construction of the works, and, except as provided in this section, all those mines and minerals are deemed to be excepted from the transfer of the lands, unless they have been expressly included in the transfer documents.
Protection of pipeline from mining operations 338 (1) A person must not work or prospect for mines or minerals lying under a pipeline or any of the works connected with the pipeline, or within 40 m of the pipeline, without a designated officer having, by order, authorized it to do so.
Use of oil and gas (2) Despite subsection (1), an order from a designated
officer is not required in the case of a well taking oil or gas from lands lying under a pipeline or any of the works connected with the pipeline if the well is not drilled within 40 m of the pipeline. Application for order (3) On an application for an order under subsection (1), the applicant must submit a plan and profile of the portion of the pipeline to be affected, giving all reasonable and necessary information respecting the proposed operations.
Conditions of order (4) The designated officer may grant the application referred to in subsection (3), subject to any conditions for the protection, safety or security of persons that the designated officer considers appropriate, and may, by order, direct that any things be done that under the circumstances the designated officer considers to be best adapted to remove or diminish the danger arising or likely to arise from the proposed operations. Examination of site of mining operations 339 If necessary in order to ascertain whether any mining or prospecting operations have been carried on so as to injure or be detrimental to a pipeline or its safety or security or the safety or security of persons, a company may, if a designated officer, by order, authorizes it to do so and after giving 24 hours notice in writing, enter on any lands through or near which its pipeline passes where any mining or prospecting operations are being carried on, and enter into and return from the site of the operations, and for those purposes the company may make use of any apparatus used in connection with the operations and use all necessary means for discovering the distance from its pipeline to the place where the operations are being carried on.
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Compensation for severance, etc., of mining property 340 A company must, from time to time, pay to the owner, lessee or occupier of any mines any compensation that the Commission fixes and, by order, directs to be paid for or by reason of any severance by a pipeline of the land lying over the mines, the working of the mines being prevented, stopped or interrupted, or the mines having to be worked in any manner and under any restrictions so as not to injure or be detrimental to the pipeline, and also for any minerals not purchased by the company that cannot be obtained by reason of the construction and operation of its line.
Executions Assets of company subject to executions 341 (1) Nothing in this Act restricts or prohibits any of the following transactions: (a) the sale under execution of any property of a company; (b) the creation of any lien, mortgage, hypothec,
charge or other security on the property of the company, or of any prior claim or right of retention within the meaning of the Civil Code of Québec or any other statute of Quebec with respect to property of the company; (c) the sale, elsewhere than in Quebec, under an order of a court of any property of the company to enforce or realize on any lien, mortgage, charge or other security on the property of the company; (d) the sale, in Quebec, under an order of a court or by judicial authority, of any property of the company to enforce or realize on any hypothec, charge or other security on the property of the company; and (e) the exercise of remedies for the enforcement and realization of any prior claim referred to in paragraph (b) or the exercise of any right of retention referred to in that paragraph.
Application of provincial law (2) A transaction mentioned in subsection (1) in respect
of any property of a company is subject to the same laws to which it would be subject if the work and undertaking of the company were a local work or undertaking in the province in which that property is situated.
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Construing Special Acts Construing Special Acts 342 Except as otherwise provided in this Part, (a) this Act must be construed as incorporate with a Special Act; and (b) in the event of an inconsistency between a provision of this Part and of a provision of a Special Act, the provision of the Special Act prevails to the extent of the inconsistency.
PART 7
Exports and Imports DIVISION 1
Oil and Gas Prohibition Prohibition — export 343 A person must not export oil or gas except in accordance with a licence issued under this Part or as authorized under the regulations made under this Part.
Issuance of Licences for Exportation Issuance 344 (1) Subject to the regulations, the Commission may, with the Minister’s approval, issue licences for the exportation of oil or gas and impose conditions on them.
Compliance (2) Every licence is subject to the condition that the provisions of this Act and its regulations, as well as every order made under this Act, will be complied with.
Criteria 345 The Commission must not issue a licence unless it is
satisfied that the quantity of oil or gas to be exported does not exceed the surplus remaining after allowance has been made for the reasonably foreseeable requirements for use in Canada, having regard to trends in the discovery of oil or gas in Canada.
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Time limit 346 (1) The Commission must decide whether to issue a
licence for the exportation of oil or gas within 180 days after the day on which the Commission considers that the applicant has provided a complete application. The Commission must make that day public. Continuation of jurisdiction (2) A failure by the Commission to comply with subsection (1) within the required time limit does not affect its jurisdiction to issue the licence and anything done by it in relation to the issuance of that licence remains valid.
Excluded period (3) If the Commission requires that the applicant provide information or undertake a study with respect to the application and the Commission states publicly that this subsection applies, the period that is taken by the applicant to comply with the requirement is not included in the calculation of the time limit.
Public notice of excluded period (4) The Commission must make the day on which the period referred to in subsection (3) begins and the day on which it ends public as soon as each day is known. Extension (5) The Minister may, by order, extend the time limit by a maximum of 90 days. The Governor in Council may, on the Minister’s recommendation, by order, further extend that time limit by any additional period or periods of time.
Ministerial approval 347 (1) The Minister must decide whether to grant his or her approval of the issuance of a licence for the exportation of oil or gas within 90 days after the day on which the Commission makes its decision under subsection 346(1).
Continuation of jurisdiction (2) Despite subsection (1), if the Minister grants his or
her approval after the expiry of the time limit for doing so, the Commission’s jurisdiction to issue the licence is not affected and anything done by it in relation to the issuance of that licence remains valid.
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Period for issuing licences (3) The Commission must issue the licence within seven days after the day on which the Minister grants his or her approval.
Variation, Transfer, Suspension and Revocation Variation of licences 348 (1) The Commission may, on application or its own
initiative, vary a licence issued under this Division. However, if the Commission considers that the variation is neither minor nor technical in nature, the Commission must not do so without the approval of the Minister.
Public interest (2) The Minister may approve a variation under subsection (1) if he or she considers that it is in the public interest to do so. Conditions (3) In varying a licence, the Commission may impose — in addition to or in lieu of any conditions to which the licence was previously subject — any conditions that the Commission considers necessary or appropriate to give effect to the purposes and provisions of this Act.
Transfer of licences 349 (1) The Commission may, on application, transfer a licence issued under this Division. However, if the Commission considers that the transfer is neither minor nor technical in nature, the Commission must not do so without the approval of the Minister.
Public interest (2) The Minister may approve a transfer of a licence if he or she considers that it is in the public interest to do so.
Conditions (3) In transferring a licence, the Commission may impose — in addition to or in lieu of any conditions to which the licence was previously subject — any conditions that the Commission considers necessary or appropriate to give effect to the purposes and provisions of this Act.
Suspension or revocation of licences — application or consent 350 The Commission may, by order, suspend or revoke
a licence issued under this Division if the holder applies for or consents to the suspension or revocation.
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Suspension or revocation of licences — contravention 351 (1) The Commission may, by order, suspend or revoke a licence issued under this Division if the holder has contravened a condition of the licence.
Suspension or revocation of licences — public interest (2) The Commission may, by order and with the approval of the Minister, suspend or revoke a licence issued under this Division if the Commission considers that it is in the public interest to do so. Notice to licence holder (3) The Commission must not make an order under subsection (1) or (2) unless the Commission provides the holder of the licence with notice of the alleged contravention or the reasons why it considers a suspension or revocation to be in the public interest, as the case may be, and gives the holder an opportunity to be heard.
Importation of Oil or Gas Importer 352 Unless exempted by the regulations, for each prescribed reporting period every person who imports oil or gas must provide the prescribed information to the Regulator in the prescribed form and manner.
Regulations Regulations 353 (1) The Governor in Council may make regulations
for the purposes of this Division, including regulations (a) respecting the period of validity of licences, the quantities that may be exported under licences and any other conditions to which licences may be subject; (b) authorizing the Commission to make orders authorizing the exportation of oil or gas and prescribing the circumstances in which the Commission may make, and the conditions that may be included in, those orders; (c) prescribing the conditions under which the exportation of oil or gas may be carried out without a licence; (d) prescribing the inspection of any instruments, devices, plant, equipment, books, records or accounts or any other thing used for or in connection with the exportation or importation of oil or gas;
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(e) prescribing the immediate measures to take in respect of oil or gas seized by an officer referred to in section 380; (f) prescribing, in respect of oil or gas the exportation
of which is authorized under this Part, or any quality, kind or class of that oil or gas or type of service relating to it, the price at which or the range of prices within which that oil or gas must be sold; and (g) exempting oil or gas that is exported to a NAFTA country, as defined in subsection 2(1) of the North American Free Trade Agreement Implementation Act, to Chile or to Costa Rica, or any quality, kind or class of that oil or gas or type of service relating to it, from the application of regulations made under paragraph (f).
Maximum validity (2) The period of validity referred to in paragraph (1)(a)
begins on a date to be fixed in the licence and must not exceed (a) 40 years, in the case of a licence for the exportation of natural gas as defined by the regulations; and (b) 25 years, in any other case.
Different prices or ranges of prices (3) Regulations made under paragraph (1)(f) may prescribe different prices or ranges of prices in respect of different countries. Regulations — Governor in Council approval 354 (1) Subject to the approval of the Governor in Council, the Regulator may make regulations (a) exempting persons or classes of persons from the application of section 352; and (b) prescribing anything that is to be prescribed under
that section. Regulations — Regulator (2) The Regulator may make regulations (a) respecting the information to be provided by applicants for licences and the procedure to be followed in applying for licences and in issuing licences; and
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(b) prescribing units of measurement and measuring
instruments or devices to be used in connection with the exportation or importation of oil or gas.
DIVISION 2
Electricity Prohibition Export 355 A person must not export electricity except in accordance with a permit issued under section 356 or a licence issued under section 361.
Issuance of Permits Issuance 356 (1) Except in the case of an application designated
by order of the Governor in Council under section 360, the Commission must, on application to it and without holding a public hearing, issue a permit authorizing the exportation of electricity. Information (2) The application must be accompanied by any information prescribed by regulation. Publication 357 (1) The applicant must cause a notice of the application to be published in the Canada Gazette and in any other publication that the Commission considers appropriate. Waiver (2) The Commission may waive the requirement set out
in subsection (1) if it considers that there is a critical shortage of electricity outside Canada caused by terrorist activity, as defined in subsection 83.01(1) of the Criminal Code. Further information 358 The Commission may, within a reasonable time after the publication of the notice, require the applicant to provide any additional information that the Commission considers necessary to determine whether to make a recommendation under section 359. Delay of issuance 359 (1) The Commission may make a recommendation to the Minister, which it must make public, that an application for exportation of electricity be designated by
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order of the Governor in Council under section 360 and may delay issuing a permit during any period that is necessary for the purpose of making such an order. Criteria (2) In determining whether to make a recommendation,
the Commission must seek to avoid the duplication of measures taken in respect of the exportation by the applicant and the government of the province from which the electricity is to be exported and must take into account (a) the effect of the exportation of the electricity on provinces other than that from which the electricity is to be exported; (b) whether the applicant has (i) informed those who have declared an interest in buying electricity for consumption in Canada of the quantities and classes of service available for sale, and (ii) given an opportunity to buy electricity on conditions as favourable as the conditions specified in the application to those who, within a reasonable time after being so informed, demonstrate an intention to buy electricity for consumption in Canada; and (c) any factors that are specified in the regulations.
Orders Where licence required 360 (1) The Governor in Council may make orders (a) designating an application for exportation of electricity as an application in respect of which section 361 applies; and (b) revoking any permit issued in respect of the exportation. Time limit (2) No order may be made under subsection (1) more than 45 days after the day on which a permit is issued in respect of the application.
Effect of order (3) If an order is made under subsection (1), (a) a permit must not be issued in respect of the application; and
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(b) any application in respect of the exportation must be dealt with as an application for a licence.
Issuance of Licences Issuance 361 (1) The Commission may, subject to the approval of the Governor in Council, issue a licence for the exportation of electricity in relation to which an order made under section 360 is in force.
Criteria (2) Before issuing a licence, the Commission must take into account (a) the effect of the exportation of the electricity on provinces other than from which the electricity is to be exported; (b) whether the applicant has (i) informed those who have declared an interest in buying electricity for consumption in Canada of the quantities and classes of service available for sale, and (ii) given an opportunity to buy electricity on conditions as favourable as the conditions specified in the application to those who, within a reasonable time after being so informed, demonstrate an intention to buy electricity for consumption in Canada; and (c) any factors that are specified in the regulations.
Revocation of permit (3) Any permit issued in respect of an application for a
permit for the exportation of electricity in relation to which an order made under section 360 is in force and that is not revoked by the order is revoked on the Commission’s deciding not to issue a licence for that exportation.
Conditions of Permits and Licences Conditions — permits 362 (1) The Commission may make a permit issued under section 356 subject to any conditions respecting the matters prescribed by the regulations that it considers necessary or in the public interest.
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Conditions — licences (2) The Commission may make a licence issued under
section 361 subject to any conditions that it considers appropriate. Compliance 363 Every permit and licence is subject to the condition
that the provisions of this Act and its regulations, as well as every order made under this Act, will be complied with. Period of validity 364 The period of validity of a permit or licence must not exceed 30 years.
Variation or transfer of permits or licences 365 (1) The Commission may, on application or its own
initiative, vary a permit or licence issued in respect of the exportation of electricity and may, on application, transfer such a permit or licence. Conditions (2) In varying or transferring a permit or licence, the Commission may impose — in addition to or in lieu of any conditions to which the permit or licence was previously subject — any conditions that the Commission considers necessary or appropriate in order to give effect to the purposes and provisions of this Act.
Suspension or revocation of permits or licences 366 (1) The Commission may, by order, suspend or revoke a permit or licence issued in respect of the exportation of electricity if the holder applies for or consents to the revocation or suspension or the holder has contravened a condition of the permit or licence. Notice (2) The Commission must not make an order under subsection (1) for a contravention unless the Commission provides the holder of the permit or licence with notice of the alleged contravention and gives the holder an opportunity to be heard.
Regulations Regulations — Governor in Council 367 (1) The Governor in Council may make regulations
for the purposes of this Division, including regulations (a) prescribing matters in respect of which conditions may be imposed on permits;
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(b) specifying factors that the Commission must take
into account in deciding whether to recommend to the Minister that an application for a permit for the exportation of electricity be designated by order of the Governor in Council under section 360; (c) specifying factors that the Commission must take
into account in deciding whether to issue a licence for the exportation of electricity in relation to which an order made under section 360 is in force; and (d) the inspection of any instruments, devices, plant,
equipment, books, records or accounts or any other thing used for or in connection with the exportation of electricity. Regulations — Regulator (2) The Regulator may make regulations prescribing (a) the information to be provided with applications for permits for the exportation of electricity; and (b) units of measurement and measuring instruments or devices to be used in connection with the exportation of electricity.
DIVISION 3
Interprovincial Oil and Gas Trade Interpretation Definitions 368 The following definitions apply in this Division.
designated area means any of the following, as referred to in an order made under subsection 369(1), (a) a province; (b) Sable Island; or (c) any area of land, not within a province, that belongs to Her Majesty in right of Canada or in respect of which Her Majesty in right of Canada has the right to dispose of or exploit the natural resources and that is situated in submarine areas in the internal waters of Canada, the territorial sea of Canada or the continental shelf of Canada. (région désignée) designated oil or gas means oil or gas, or both, or any quality or kind of oil or gas, or both, that is the subject of
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an order made under subsection 369(1). (pétrole ou gaz désigné) movement, in respect of oil or gas, excludes an exportation. (acheminement)
Control by Regulator Order in Council 369 (1) The Governor in Council may, by order, give the supervision and control of the movement of designated oil or gas out of a designated area to the Regulator.
Licence required (2) While an order made under subsection (1) remains in
force, a person must not move designated oil or gas out of the designated area except in accordance with a licence issued under this Division or as authorized under the regulations made under this Division.
Issuance of Licences Issuance 370 (1) Subject to the regulations, the Commission may,
on any conditions that it may impose, issue a licence to any person permitting the movement of designated oil or gas out of the designated area. Compliance (2) Every licence is subject to the conditions that (a) the provisions of this Act and its regulations, as well as every order made under this Act, will be complied with; and (b) the provisions of the Energy Administration Act
and its regulations that are applicable to the designated oil or gas in respect of which the licence is issued will be complied with. Criteria 371 (1) Before issuing a licence, the Commission must
take into account all factors that it considers relevant, including the equitable distribution of designated oil or gas in Canada. Variation, transfer, suspension and revocation of licences (2) Sections 348 to 351 apply in respect of a licence issued under this Division.
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Regulations Regulations — Governor in Council 372 (1) The Governor in Council may make regulations for the purposes of this Division, including regulations (a) respecting the period of validity of licences, the approval required for the issuance of licences, the quantities that may be moved out of the designated area under the authority of a licence and any other conditions to which licences may be subject; and (b) prescribing the inspection of any instruments, devices, plant, equipment, books, records or accounts or any other thing used for or in connection with the movement of designated oil or gas out of the designated area.
Regulations — Regulator (2) The Regulator may make regulations prescribing (a) the information to be provided by applicants for licences and the procedure to be followed in applying for and issuing licences; and (b) units of measurement and measuring instruments or devices to be used in connection with the movement of designated oil or gas out of the designated area.
DIVISION 4
Implementation of Free Trade Agreements Definitions 373 The following definitions apply in this Division.
CCFTA has the same meaning as Agreement as defined in subsection 2(1) of the Canada-Chile Free Trade Agreement Implementation Act. (ALÉCC) CCRFTA has the same meaning as Agreement as defined in subsection 2(1) of the Canada — Costa Rica Free Trade Agreement Implementation Act. (ALÉCCR) energy goods means any goods for the exportation of which a licence or permit issued under this Part or an order made under the regulations is required. (produits énergétiques)
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NAFTA has the same meaning as Agreement as defined in subsection 2(1) of the North American Free Trade Agreement Implementation Act. (ALÉNA) Principle 374 (1) In exercising its powers and performing its duties and functions, the Regulator must give effect to NAFTA, CCFTA and CCRFTA. Directions (2) The Governor in Council may, either on the recommendation of the Minister made at the request of the Regulator or on the Governor in Council’s own motion, give directions respecting the manner in which the Regulator is to perform the duty imposed on it by subsection (1) or the interpretation to be given to NAFTA, CCFTA or CCRFTA by the Regulator for the purposes of this Act.
Effect (3) A direction issued under subsection (2) is binding on the Regulator from the time it comes into force and, unless it provides otherwise, applies in respect of matters pending before the Regulator at that time.
Request of Regulator (4) The Regulator may, in order to request the issuance
of a direction under subsection (2), suspend the determination of any matter of which it is seized. Declaration of Governor in Council 375 The Governor in Council may, by order, declare that
the maintenance or introduction of a restriction on the exportation to the United States, Chile or Costa Rica of energy goods or of any quality, kind or class of energy goods is justified under Article 605 of NAFTA, Article C-13 of CCFTA or Article III.11 of CCRFTA, as the case may be. Request for declaration 376 If, in the course of determining an application for a licence or permit, or determining whether to make an order, for the exportation to the United States, Chile or Costa Rica of energy goods or of any quality, kind or class of energy goods, the Commission considers that the maintenance or introduction of a restriction on that exportation is in the public interest and that subparagraph (a), (b) or (c) of Article 605 of NAFTA, subparagraph 1(a), (b) or (c) of Article C-13 of CCFTA or subparagraph 1(a), (b) or (c) of Article III.11 of CCRFTA, as the case may be, would apply as a consequence of the restriction, the Commission may, in order to request that the Minister recommend to the Governor in Council that an order be made under section 375 in respect of the relevant energy
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goods, suspend the determination until not later than 120 days after the day on which the request is made. Exportation to United States, Chile or Costa Rica 377 (1) The Commission may neither refuse to issue a licence or permit or make an order nor suspend, revoke or vary a licence, permit or order for the exportation to the United States, Chile or Costa Rica of energy goods or of any quality, kind or class of energy goods if that refusal, revocation, suspension or variation would constitute the maintenance or introduction of a restriction on that exportation as a consequence of which subparagraph (a), (b) or (c) of Article 605 of NAFTA, subparagraph 1(a), (b) or (c) of Article C-13 of CCFTA or subparagraph 1(a), (b) or (c) of Article III.11 of CCRFTA, as the case may be, would apply.
Exception (2) Subsection (1) does not apply in respect of the exportation to the United States, Chile or Costa Rica of any energy goods that are, or of any quality, kind or class of energy goods that is, referred to in an order made under section 375 while the order is in force. Application or consent (3) Despite subsection (1), the Commission may suspend, revoke or vary a licence, permit or order if the holder of the licence, the holder of the permit or the person named in the order, as the case may be, applies for or consents to the suspension or revocation. No declaration made 378 Despite not being satisfied of the criteria set out in
section 345, the Commission may issue a licence for the exportation to the United States, Chile or Costa Rica of any energy goods that were, or of any quality, kind or class of energy goods that was, referred to in a request made under section 376 if (a) the Minister declines to recommend to the Governor in Council that an order be made under section 375; (b) the Governor in Council declines to make the order; or (c) no order is made within 120 days after the day on which the request is made.
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DIVISION 5
Offences and Punishment Offence and punishment 379 (1) Every person who contravenes any of the provisions of this Part or the regulations made under this Part is guilty of an offence and liable (a) on summary conviction, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding one year, or to both; or (b) on conviction on indictment, to a fine not exceeding $1,000,000 or to imprisonment for a term not exceeding five years, or to both.
Due diligence (2) A person is not to be found guilty of an offence under subsection (1) if they establish that they exercised due diligence to prevent the commission of the offence.
Officers, directors, agents and mandataries (3) If a corporation commits an offence under subsection
(1), any officer or director, or agent or mandatary, of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on conviction to the punishment provided for the offence whether or not the corporation has been prosecuted or convicted. Proof of offence (4) In any prosecution for an offence under subsection (1), it is sufficient proof of the offence to show that it was committed by an employee, or an agent or mandatary, of the accused, whether or not the employee, or agent or mandatary, is identified or has been prosecuted for the offence, unless the accused establishes that the offence was committed without the knowledge or consent of the accused and that the accused exercised due diligence to prevent its commission.
Continuing offence (5) If an offence under subsection (1) is committed on
more than one day, it is deemed to be a separate offence for each day on which the offence is committed or continued. Limitation period or prescription (6) Proceedings by way of summary conviction in respect
of an offence under subsection (1) may be instituted at any time within but not later than one year after the day on which the subject matter of the proceedings arose.
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Powers of certain officers 380 An officer as defined in subsection 2(1) of the Customs Act has, in respect of the exportation or importation of oil or gas, all the powers of an officer under the Customs Act and, except to the extent that they are inconsistent with any regulations made under paragraph 353(1)(e), the provisions of that Act and any regulations made under that Act respecting search, detention, seizure, forfeiture, condemnation and disposition apply, with any modifications that the circumstances require, to oil or gas tendered for exportation or importation or exported or imported or otherwise dealt with contrary to this Part.
PART 8
Oil and Gas Interests, Production and Conservation Interpretation Definitions of oil and gas 381 For the purposes of this Part, oil and gas have the same meaning as in subsection 2(1) of the Canada Oil and Gas Operations Act.
Declarations of Significant Discovery and Commercial Discovery Application 382 (1) This section applies to any decision of the Commission to make, amend or revoke a declaration of significant discovery under section 28 of the Canada Petroleum Resources Act or a declaration of commercial discovery under section 35 of that Act.
Notice (2) At least 30 days before making a decision to which
this section applies, the Commission must give written notice of its intention to make the decision to any person the Commission considers to be directly affected by the decision. Request for hearing (3) A person to whom notice is given may, in writing, request a hearing in respect of the decision, but the request
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must be received by the Commission within 30 days after the day on which notice is given. No request for hearing (4) If no request is received in accordance with subsection (3), the Commission may make the decision. Hearing (5) If a request is received in accordance with subsection (3), the Commission must fix a time and place for the hearing and notify each person who requested the hearing.
Representations (6) Each person who requests a hearing may make representations and introduce witnesses and documents at the hearing. Decision (7) The Commission must make its decision and give notice of that decision to each person who requested the hearing and, on that person’s request, the Commission must make the reasons for its decision public.
Operating Licences and Authorizations Variation of licences or authorizations 383 The Commission or a person to whom powers are delegated under section 4.1 of the Canada Oil and Gas Operations Act may vary the conditions of any operating licence or authorization issued under section 5 of that Act.
Chief Conservation Officer and Chief Safety Officer Application to appeals 384 (1) This section applies to appeals brought under section 21 or subsection 25(8) of the Canada Oil and Gas Operations Act by a person aggrieved by an order of the Chief Conservation Officer or by any action or measure taken or authorized or directed to be taken by that Officer, other than the referral of an order to the Commission under subsection 58(5) of that Act.
Powers (2) After hearing an appeal to which this section applies,
the Commission may
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(a) set aside, confirm or vary the order, action or measure that is the subject of the appeal; (b) order any works to be undertaken that the Commission considers necessary to prevent waste, the escape of oil or gas or any other contravention of the Canada Oil and Gas Operations Act or the regulations made under that Act; or (c) make any other order that the Commission considers appropriate.
Show cause hearing relating to waste 385 (1) This section applies to applications by the Chief
Conservation Officer to the Commission under section 22 of the Canada Oil and Gas Operations Act for a show cause hearing relating to waste, as defined in paragraph 18(2)(f) or (g) of that Act, in the recovery of oil or gas from a pool.
Order (2) On receiving an application, the Commission must make an order requiring the operators within the pool to show cause at a hearing, to be held on a day specified in the order, why the Commission should not make a direction in respect of the waste.
Hearing (3) On the day specified in the order, the Commission
must hold a hearing at which the Chief Conservation Officer, the operators and other interested persons must be given an opportunity to be heard. Order (4) If, after the hearing, the Commission considers that waste is occurring in the recovery of oil or gas from a pool, it may, by order, (a) direct the introduction of a scheme for the collection, processing, disposition or reinjection of any gas produced from the pool; or (b) direct repressurizing, recycling or pressure maintenance for the pool or any part of the pool and for or incidental to that purpose, direct the introduction or injection of gas, water or any other substance into the pool or any part of the pool. Additional order (5) In addition to making an order under subsection (4),
the Commission may, by order, direct that the pool or any part of the pool specified in the order be shut in if the requirements of the order are not met or unless a scheme
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is approved by the Commission and in operation by a date fixed in the order. Continuation pending approval (6) Despite subsections (4) and (5), the Commission may, by order, permit the continued operation of a pool or any part of a pool after the date fixed by an order made under this section if the Commission considers that a scheme or other action described in paragraph (4)(a) or (b) is in the course of preparation, but the continued operation is subject to any conditions the Regulator imposes.
Application 386 (1) This section applies to an order referred by the
Chief Safety Officer or the Chief Conservation Officer to the Commission under subsection 58(5) of the Canada Oil and Gas Operations Act.
Review and decision (2) The Commission must review the need for the order
and may confirm it or set it aside. Burden of proof (3) The burden of establishing that the order is not needed is on the person who requested that the order be referred to the Commission.
Orders Offence and punishment 387 (1) Every person who fails to comply with an order
of the Commission under section 384 or 385 is guilty of an offence and liable (a) on summary conviction, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding one year, or to both; or (b) on conviction on indictment, to a fine not exceeding $1,000,000 or to imprisonment for a term not exceeding five years, or to both.
Due diligence (2) A person is not to be found guilty of an offence under subsection (1) if they establish that they exercised due diligence to prevent the commission of the offence.
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Applicable provisions (3) Sections 65 to 71 of the Canada Oil and Gas Operations Act apply, with any modifications that the circumstances require, in respect of an offence under subsection (1). Statutory Instruments Act 388 For greater certainty, an order of the Commission
made under this Part is not a statutory instrument as defined in subsection 2(1) of the Statutory Instruments Act.
PART 9
General Regulations Regulations respecting accounts, etc. 389 (1) The Regulator may, with the approval of the
Governor in Council, make regulations (a) respecting the manner in which the accounts of a company must be kept; (b) respecting the classes of property for which depreciation charges may properly be included under operating expenses in the accounts and the accounting methods that may be used in computing and charging depreciation in respect of each of the classes of property; (c) respecting a uniform system of accounts applicable to any class of company; and (d) requiring that any of the following persons and
companies keep and make available for inspection, in the form that may be prescribed by the regulations, at a place of business in Canada any records, books of account and other documents and submit to the Regulator, at any time and in any form that may be prescribed, returns and information respecting capital, traffic, revenues, expenses and other matters that are prescribed and that the Regulator determines are matters that should be considered by it in carrying out its powers and duties under this Act in relation to those companies and persons (i) companies that have been authorized to construct or operate a pipeline, (ii) companies that have been authorized to abandon the operation of a pipeline under subsection 241(1),
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(iii) persons exporting oil, gas or electricity, and (iv) persons holding a licence under Part 7.
Exemptions (2) The Regulator may, by order, on any conditions it considers appropriate, exempt a company or person from the application of a regulation made under subsection (1).
Offence (3) Every person who contravenes a regulation made under this section is guilty of an offence punishable on summary conviction. Due diligence (4) A person is not to be found guilty of an offence under subsection (3) if they establish that they exercised due diligence to prevent the commission of the offence.
Regulations 390 (1) The Governor in Council may make regulations for the purposes of this Act, including regulations (a) designating as an oil product or as a gas product
any substance resulting from the processing or refining of hydrocarbons or coal if that substance (i) is asphalt or a lubricant, or (ii) is a source of energy by itself or when it is combined or used in association with something else; and (b) exempting any oil or gas or any kind, quality or class of oil or gas or any area or transaction from all or any of the provisions of this Act.
Consultation (2) Regulations may only be made under paragraph (1)(b) after consultation with the Regulator.
Security regulations 391 (1) The Regulator may, with the approval of the
Governor in Council, make regulations respecting the security of pipelines, international power lines and offshore renewable energy projects, including regulations respecting standards, plans and audits. Offence and punishment (2) Every person who contravenes a regulation made under subsection (1) is guilty of an offence and liable
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(a) on summary conviction, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding one year or to both; or (b) on conviction on indictment, to a fine not exceeding $500,000 or to imprisonment for a term not exceeding five years or to both. Due diligence (3) A person is not to be found guilty of an offence under subsection (2) if they establish that they exercised due diligence to prevent the commission of the offence.
Review of Act Review of Act after 10 years 392 Ten years after the day on which this Act comes into force, a comprehensive review of the provisions and operation of the Act is to be undertaken by the committee of the Senate, of the House of Commons or of both Houses of Parliament that is designated or established by the Senate or the House of Commons, or by both Houses of Parliament, as the case may be, for that purpose.
Transitional Provisions Definitions 11 (1) The following definitions apply in this section and sections 12 to 43. commencement day means the day on which the Canadian Energy Regulator Act comes into force. (date d’entrée en vigueur) National Energy Board means the National Energy Board established by section 3 of the National Energy Board Act as it read immediately before the commencement day. (Office) Regulator means the Canadian Energy Regulator established by section 10 of the Canadian Energy Regulator Act. (Régie) Terminology — Federal Public Sector Labour Relations Act (2) Unless the context requires otherwise, words
and expressions used in sections 16 to 32 have the same meaning as in section 2 of the Federal Public Sector Labour Relations Act. Appointments terminated 12 (1) Each permanent member of the National Energy Board appointed under subsection 3(2) of
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the National Energy Board Act, as it read immediately before the commencement day, who holds office immediately before the commencement day ceases to hold office on that day.
Compensation (2) A permanent member of the National Energy
Board referred to in subsection (1) who is not appointed as a commissioner under subsection 28(1) of the Canadian Energy Regulator Act is entitled to the lesser of (a) an amount that is equal to 12 months’ remuneration as a permanent member of the National Energy Board, and (b) an amount that is equal to the remuneration to which they would be entitled if they were to complete the remainder of the term for which they were appointed as a permanent member of the National Energy Board. Appointments terminated 13 (1) Each temporary member of the National Energy Board appointed under subsection 4(1) of the National Energy Board Act, as it read immediately before the commencement day, who holds office immediately before the commencement day ceases to hold office on that day.
No compensation (2) Despite the provisions of any contract, agreement or order, no person who was appointed to hold office as a temporary member of the National Energy Board has any right to claim or receive any compensation, damages, indemnity or other form of relief from Her Majesty in right of Canada or from any employee or agent of Her Majesty for ceasing to hold that office or for the abolition of that office by the operation of this Act.
Continuation — members of National Energy Board 14 (1) A person referred to in subsection 12(1) or 13(1) may, at the request of the Lead Commissioner designated under 37 of the Canadian Energy Regulator Act, continue to hear and decide any matter that was before the person before the commencement day and the person is considered to be a commissioner for the purposes of that Act.
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Refusal to complete duties (2) If a person referred to in subsection 12(1) or
13(1) refuses to continue to hear or decide a matter referred to in subsection (1), the Commission referred to in section 26 of the Canadian Energy Regulator Act is seized of the matter. Remuneration and expenses (3) A person referred to in subsection 12(1) or 13(1) who continues to hear and decide a matter referred to in subsection (1) (a) is to be paid the remuneration for their services that may be fixed by the Governor in Council; and (b) is entitled to be paid reasonable travel and
other expenses incurred in the course of providing services during any period of absence from their ordinary place of residence. Limitation (4) The Lead Commissioner may withdraw from a person referred to in subsection 12(1) or 13(1) a matter referred to in subsection (1) that is not disposed of within one year after the commencement day and assign it to a panel of the Commission in accordance with section 38 of the Canadian Energy Regulator Act on any terms and conditions that the Lead Commissioner may specify for the protection and preservation of the rights and interests of the parties.
Subsection 28(2) of Canadian Energy Regulator Act (5) A period of time during which a person referred to in subsection 12(1) or 13(1) is considered to be a commissioner for the purposes of this section does not count as part of the 10-year limit set out in subsection 28(2) of the Canadian Energy Regulator Act.
Persons employed by National Energy Board 15 Nothing in this Act affects the status of any
person who was employed by the National Energy Board immediately before the commencement day, except that, as of that day, the person is employed by the Regulator. Collective agreements or arbitral awards continued 16 (1) Subject to sections 17 to 28, every collective
agreement or arbitral award that applies to an employee who occupies a position in the National
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Energy Board before the commencement day and that is in force immediately before that day continues in force until its term expires.
Binding effect (2) A collective agreement or arbitral award continued in force under subsection (1) is binding on (a) the Regulator, as if it were the employer referred to in the collective agreement or arbitral award; (b) the bargaining agent that is a party to the collective agreement or arbitral award; and (c) the employees of the Regulator in the bargaining unit in respect of which that bargaining agent has been certified.
Parties may amend (3) Nothing in subsections (1) and (2) prohibits the Regulator and the bargaining agent from amending any provision of a collective agreement continued in force under subsection (1), other than a provision relating to its term.
Application for certification 17 Any employee organization may apply to the
Board for certification as the bargaining agent for the employees bound by a collective agreement or arbitral award that is continued in force under subsection 16(1), but it may do so only during the period in which an application for certification is authorized to be made under section 54 of the Federal Public Sector Labour Relations Act in respect of those employees.
Power of Board 18 (1) If a collective agreement or arbitral award
is continued in force under subsection 16(1), the Board must, by order, on application by the Regulator or any bargaining agent affected by the establishment of the Regulator, (a) determine whether the employees of the Regulator who are bound by the collective agreement or arbitral award constitute one or more units appropriate for collective bargaining;
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(b) determine which employee organization is
to be the bargaining agent for the employees in each such unit; and (c) in respect of each collective agreement or
arbitral award that binds employees of the Regulator, determine whether the collective agreement or arbitral award is to remain in force and, if it is to remain in force, determine whether it is to remain in force until the expiry of its term or until an earlier date that the Board may fix. When application must be made (2) The application may be made only during the period beginning on the 120th day after the commencement day and ending on the 150th day after the commencement day.
Application for leave to give notice to bargain collectively 19 (1) Either of the parties to a collective agreement or arbitral award that remains in force by reason of an order made under paragraph 18(1)(c) may apply to the Board for an order granting leave to give to the other party, under section 105 of the Federal Public Sector Labour Relations Act, a notice to bargain collectively.
When application may be made (2) The application must be made within 90 days
after the day on which the order is made under paragraph 18(1)(c).
No application within specified period 20 (1) If no application for an order under subsection 18(1) is made within the period specified in subsection 18(2), the Regulator or any bargaining agent bound by a collective agreement or arbitral award that is continued in force under subsection 16(1) may apply to the Board for an order granting leave to give to the other party, under section 105 of the Federal Public Sector Labour Relations Act, a notice to bargain collectively.
When application may be made (2) The application may be made only during the period beginning on the 151st day after the
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commencement day and ending on the 240th day after the commencement day. Notice to bargain given before commencement day 21 A notice to bargain collectively that was given
before the commencement day does not bind the Regulator and a new notice to bargain collectively may be given only in the circumstances set out in paragraph 23(b). Duty to observe conditions 22 If a notice to bargain collectively is given before the commencement day, then, unless the Regulator and the bargaining agent agree otherwise, the conditions of employment continued in force under section 107 of the Federal Public Sector Labour Relations Act are binding on the Regulator, the bargaining agent for the bargaining unit and the employees in the bargaining unit from the commencement day until (a) if no application is made under paragraph 23(a), the expiry of 150 days after the commencement day; or (b) if such an application is made, the day the
notice referred to in paragraph 23(b) is given.
Application and notice to bargain collectively 23 If a notice to bargain collectively is given before the commencement day, (a) on application by the Regulator or by the bargaining agent, made during the period beginning on the 120th day after the commencement day and ending on the 150th day after that day, the Board must make an order determining (i) whether the employees of the Regulator
who are represented by the bargaining agent constitute one or more units appropriate for collective bargaining, and (ii) which employee organization is to be the
bargaining agent for the employees in each such unit; and (b) if the Board makes the determinations under paragraph (a), the Regulator or the bargaining agent may, by notice given under section 105 of the Federal Public Sector Labour Relations Act, require the other to commence
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collective bargaining for the purpose of entering into a collective agreement.
Inquiry and votes 24 Before making an order under subsection
18(1) or paragraph 23(a), the Board may make any inquiry or direct that a representation vote be taken among the employees to be affected by the order. Consideration of classification 25 (1) For the purposes of paragraphs 18(1)(a) and 23(a), in determining whether a group of employees constitutes a unit appropriate for collective bargaining, the Board must have regard to the Regulator’s classification of persons and positions, including the occupational groups or subgroups established by it.
Unit co-extensive with occupational groups (2) The Board must establish bargaining units that are co-extensive with the occupational groups or subgroups established by the Regulator, unless doing so would not permit satisfactory representation of the employees to be included in a particular bargaining unit and, for that reason, such a unit would not be appropriate for collective bargaining.
Determination of questions of membership in bargaining units 26 On application by the Regulator or the employee organization affected by the establishment of the Regulator, the Regulator must determine every question that arises as to whether any employee or class of employees is included in a bargaining unit determined by the Board under paragraph 18(1)(a) or 23(a) to constitute a unit appropriate for collective bargaining or is included in any other unit. Employer participation 27 (1) The Board is not authorized to determine
that an employee organization is to be a bargaining agent under paragraph 18(1)(b) or 23(a) if it considers that the Regulator, or a person acting on behalf of the Regulator, has participated or is participating in the formation or administration of the employee organization in a manner that impairs its fitness to represent the interests of the employees in the bargaining unit.
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Discrimination (2) The Board is not authorized to determine that
an employee organization is to be a bargaining agent under paragraph 18(1)(b) or 23(a) if it discriminates against any employee on a prohibited ground of discrimination within the meaning of the Canadian Human Rights Act. Application of Federal Public Sector Labour Relations Act 28 (1) The provisions of Part 1 of the Federal
Public Sector Labour Relations Act, and any rules or regulations made under that Act, apply to, or in respect of, the following and any matter related to the following: (a) an application made to the Board under
any of sections 17 to 20, 23 and 26; (b) an order made by the Board under any of sections 18 to 20 and 23; (c) a determination of the Board made under
any of sections 18, 23 and 26 and a bargaining unit, bargaining agent or employee or class of employees that is the subject of such a determination; (d) a collective agreement or arbitral award that is continued in force under subsection 16(1); and (e) collective bargaining that is commenced after the receipt of a notice referred to in section 19 or 20 or paragraph 23(b) and a collective agreement that is entered into following such collective bargaining.
Powers, duties and functions of Board (2) The Board has, for the purposes of performing its duties and functions under any of sections 17 to 27, the powers conferred on it under Part 1 of the Federal Public Sector Labour Relations Act, and it must perform the duties and functions imposed on it under that Part in respect of those powers. Inconsistency (3) In the event of any inconsistency between sections 17 to 27 and the provisions of Part 1 of the Federal Public Sector Labour Relations Act, or anything issued, made or established under that
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Act, those sections 17 to 27 prevail to the extent of the inconsistency. Persons not represented 29 The conditions of employment of persons who are not represented by a bargaining agent or who are excluded from a bargaining unit and who, on the commencement day, occupy their position within the Regulator continue to apply until new conditions of employment for those persons are established.
Complaints 30 The provisions of Division 13 of Part 1 of the
Federal Public Sector Labour Relations Act and any rules or regulations made under that Act, as they read immediately before the commencement day, continue to apply in respect of any complaint made under that Division before that day that relates to the National Energy Board.
Grievances 31 (1) The provisions of Part 2 of the Federal
Public Sector Labour Relations Act and any rules or regulations made under that Act, as they read immediately before the commencement day, continue to apply in respect of any grievance presented under that Part before that day by an employee of the National Energy Board.
Implementation of decision (2) A final decision with respect to a grievance referred to in subsection (1) that provides for the reinstatement of an employee or the payment of money to an employee must be implemented by the Regulator as soon as feasible. Matter referred to Board 32 The provisions Part 2 of the Federal Public Sector Labour Relations Act and any rules or regulations made under that Act, as they read immediately before the commencement day, continue to apply in respect of any matter referred to the Board under that Part before that day that relates to the National Energy Board.
Decisions and orders 33 Every decision or order made by the National
Energy Board is considered to have been made under the Canadian Energy Regulator Act and may be enforced as such.
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Certificates, licences and permits 34 (1) Every certificate, licence or permit issued
by the National Energy Board is considered to have been issued under the Canadian Energy Regulator Act and, unless suspended or revoked under that Act, every certificate, licence or permit remains in force for the remainder of the period during which it would have been in force had the Canadian Energy Regulator Act not come into force. Suspensions (2) Every certificate, licence or permit referred to
in subsection (1) that was suspended immediately before the commencement day is considered to be suspended under the Canadian Energy Regulator Act. Leave 35 Any leave granted by the National Energy
Board is considered to have been granted under the Canadian Energy Regulator Act. Pending applications 36 Applications pending before the National Energy Board immediately before the commencement day are to be taken up before the Commission of the Regulator and continued in accordance with the National Energy Board Act as it read immediately before the commencement day. For greater certainty 36.1 For greater certainty, section 182.1 of the Impact Assessment Act applies in relation to a pending application referred to in section 36.
Excluded periods if no regulations — Part 3 37 (1) Before the coming into force of the first
regulation made for the purposes of subsection 183(5) or 214(5) of the Canadian Energy Regulator Act, the Lead Commissioner may, in the circumstances that he or she considers appropriate, exercise the powers set out in those subsections. Excluded periods if no regulations — Part 4 (2) Before the coming into force of the first regulation made for the purposes of subsection 262(6) of the Canadian Energy Regulator Act, the Lead
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Commissioner may, in the circumstances that he or she considers appropriate, exercise the power set out in that subsection. Excluded periods if no regulations — Part 5 (3) Before the coming into force of the first regulation made for the purposes of subsection 298(6) of the Canadian Energy Regulator Act, the Lead Commissioner may, in the circumstances that he or she considers appropriate, exercise the power set out in that subsection. Certified copies 38 For the purposes of sections 198, 208 and 265 of the Canadian Energy Regulator Act, a copy of a document that is certified by the Secretary of the National Energy Board is considered to have been certified by the Regulator under that Act.
Lands — consent not required 39 A person or company is not required to obtain the consent referred to in subsection 317(1) of the Canadian Energy Regulator Act in relation to lands if, before the commencement day, (a) the person or company had taken possession of, used or occupied those lands; or (b) the person or company had obtained the authorization under the National Energy Board Act, as it read immediately before the commencement day, to construct or operate a pipeline or power line on those lands.
Section 112 of National Energy Board Act 40 Section 112 of the National Energy Board Act, as it read immediately before the commencement day, continues to apply in relation to compensation matters in respect of a pipeline for which (a) an application for a certificate under subsection 52(1) of that Act was received by the National Energy Board before that day; or (b) an application for an order under subsection 58(1) of that Act was received by the National Energy Board before that day.
Pending requests 41 Any request for which a notice was served on
the Minister under subsections 88(1) and 90(1) of
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the National Energy Board Act, as those sections read immediately before the commencement day, is continued in accordance with those subsections. Importation of oil or gas 42 (1) Division I of Part VI of the National Energy Board Act, as it read immediately before the commencement day, continues to apply to the importation of oil or gas until the earlier of the third anniversary of the commencement day and the day on which regulations are made for the purposes of section 352 of the Canadian Energy Regulator Act.
Interpretation (2) For the purposes of subsection (1), every reference to the National Energy Board in Division I of Part VI of the National Energy Board Act is to be read as a reference to the Regulator or the Commission of the Regulator, as the case may be. References 42.1 Every reference to the National Energy
Board in any deed, contract, agreement or other document executed, or in Quebec, signed, by the National Energy Board in its own name is, unless the context otherwise requires, to be read as a reference to the Regulator. Appropriations 42.2 Any amount that is appropriated by an Act of Parliament for the fiscal year in which the commencement day falls to defray the expenditures of the National Energy Board and that is unexpended on that day is considered to be an amount appropriated to defray the expenditures of the Regulator.
Regulations 43 The Governor in Council may make any regulations that the Governor in Council considers necessary to provide for any other transitional matter arising from the coming into force of the Canadian Energy Regulator Act.
Repeal Repeal 44 The National Energy Board Act, chapter N-7 of the Revised Statutes of Canada, is repealed.
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PART 3 R.S., c. N-22; 2012, c. 31, s. 316
Navigation Protection Act Amendments to the Act 45 The long title of the Navigation Protection Act is replaced by the following:
An Act respecting the protection of navigation in Canadian navigable waters 2012, c. 31, s. 316
46 Section 1 of the Act is replaced by the following:
Short title 1 This Act may be cited as the Canadian Navigable Waters Act. 2012, c. 31, s. 317(5)
47 (1) The definitions designated work and minor
water in section 2 of the Act are repealed.
2012, c. 31, s. 317(5)
(2) The definition ouvrage secondaire in section 2 of the French version of the Act is repealed.
2012, c. 31, ss. 317(4) and (5)
(3) The definitions navigable water, obstruction,
owner, vessel and work in section 2 of the Act are replaced by the following: navigable water means a body of water, including a canal or any other body of water created or altered as a result of the construction of any work, that is used or where there is a reasonable likelihood that it will be used by vessels, in full or in part, for any part of the year as a means of transport or travel for commercial or recreational purposes, or as a means of transport or travel for Indigenous peoples of Canada exercising rights recognized and affirmed by section 35 of the Constitution Act, 1982, and (a) there is public access, by land or by water; (b) there is no such public access but there are two or
more riparian owners; or
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(c) Her Majesty in right of Canada or a province is the
only riparian owner. (eaux navigables) obstruction means any thing, including a vessel that is left anchored, moored or adrift or a wreck, that obstructs or impedes navigation or renders it more difficult or dangerous, but does not include a thing of natural origin unless a person causes the thing of natural origin to obstruct or impede navigation or to render it more difficult or dangerous. (obstacle) owner, in relation to a work, means the actual or reputed owner of the work or that owner’s agent or mandatary. It includes a person who is in possession or claiming ownership of the work and a person who is authorizing or otherwise responsible for the construction, placement, alteration, rebuilding, removal, decommissioning, repair, maintenance, operation, use or safety of the work. It also includes a person who proposes to construct or place a work. (propriétaire) vessel includes any description of ship, boat or floating craft designed, used or capable of being used for navigation, without regard to method or lack of propulsion, including everything forming part of its machinery, tackle, equipment, cargo, stores or ballast. (bâtiment) work includes (a) any structure, device or other thing, whether temporary or permanent, that is made by humans, including a structure, device or other thing used for the repair or maintenance of another work; and (b) any dumping of fill in any navigable water, or any
excavation or dredging of materials from the bed of any navigable water. (ouvrage)
(4) Section 2 of the Act is amended by adding the
following in alphabetical order: Indigenous knowledge means the Indigenous knowledge of the Indigenous peoples of Canada. (connaissances autochtones) Indigenous peoples of Canada has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982. (peuples autochtones du Canada)
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(5) Section 2 of the Act is amended by adding the following in alphabetical order:
major work means any work designated under paragraph 28(2)(b). (ouvrage majeur) (6) Section 2 of the French version of the Act is amended by adding the following in alphabetical order:
ouvrage mineur Ouvrage désigné en vertu de l’alinéa 28(2)a). (minor work) 47.1 The Act is amended by adding the following
after section 2: For greater certainty — navigable water 2.01 For greater certainty, the definition navigable
water in section 2 does not include artificial irrigation channels or drainage ditches. 48 The Act is amended by adding the following after section 2.1:
Indigenous Peoples of Canada Rights of Indigenous peoples of Canada 2.2 For greater certainty, nothing in this Act is to be construed as abrogating or derogating from the protection provided for the rights of the Indigenous peoples of Canada by the recognition and affirmation of those rights in section 35 of the Constitution Act, 1982.
Duty of Decision Maker 2.3 When making a decision under this Act, the Minister must consider any adverse effects that the decision may have on the rights of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982. 2012, c. 31, s. 318
49 Sections 3 to 10 of the Act are replaced by the
following:
Prohibition Works 3 Except in accordance with this Act, it is prohibited to construct, place, alter, rebuild, remove or decommission a work in, on, over, under, through or across any navigable water.
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Minor Works in any Navigable Water Minor works 4 (1) An owner of a minor work may construct, place, alter, rebuild, remove or decommission the minor work in, on, over, under, through or across any navigable water in accordance with the requirements under this Act.
Repair, maintenance, operation and use (2) The owner must repair, maintain, operate and use the minor work in accordance with the requirements under this Act.
Major Works in any Navigable Water and Works in Navigable Waters Listed in Schedule Notice 4.1 An owner who proposes to construct, place, alter, rebuild, remove or decommission one of the following works may do so if the work, or its construction, placement, alteration, rebuilding, removal or decommissioning, would not interfere with navigation and the owner, before beginning the construction, placement, alteration, rebuilding, removal or decommissioning, deposits any information specified by the Minister in any place specified by the Minister and publishes a notice in any manner, and including any information, specified by the Minister: (a) a major work in, on, over, under, through or across
any navigable water; or (b) a work — other than a minor work — in, on, over, under, through or across any navigable water that is listed in the schedule.
Application for approval 5 (1) An owner who proposes to construct, place, alter, rebuild, remove or decommission one of the following works must make an application for an approval to the Minister — in the form and manner, and containing the information, specified by the Minister — if the work, or its construction, placement, alteration, rebuilding, removal or decommissioning, may interfere with navigation: (a) a major work in, on, over, under, through or across any navigable water; or
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(b) a work — other than a minor work — in, on, over,
under, through or across any navigable water that is listed in the schedule.
Related works (2) If the Minister is of the opinion that two or more
works are related, the Minister may consider them to be a single work. Additional information (3) For the purpose of determining whether the work or its construction, placement, alteration, rebuilding, removal or decommissioning may interfere with navigation, the Minister may require from the owner any additional information that the Minister considers appropriate.
No interference with navigation 6 If the Minister is of the opinion that a work that is the subject of an application made under subsection 5(1), or its construction, placement, alteration, rebuilding, removal or decommissioning, would not interfere with navigation, including by changing the water level or water flow of a navigable water, he or she must inform the owner, in writing, of that opinion and no approval is required under subsection 7(6) for that work — or its construction, placement, alteration, rebuilding, removal or decommissioning.
Interference with navigation 7 (1) If the Minister is of the opinion that a work that is
the subject of an application made under subsection 5(1), or its construction, placement, alteration, rebuilding, removal or decommissioning, may interfere with navigation, including by changing the water level or water flow of a navigable water, he or she must inform the owner, in writing, of that opinion and the owner may only construct, place, alter, rebuild, remove or decommission that work if the Minister issues an approval for the work.
Information (2) The owner must deposit any information specified by the Minister in any place specified by the Minister.
Notice (3) The owner must publish a notice containing any information specified by the Minister in any manner specified by the Minister.
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Comment period (4) The notice referred to in subsection (3) must invite
interested persons to provide written comments on the owner’s proposal to the Minister within 30 days after publication of the notice or within any other period specified by the Minister. Exemption (5) If the Minister is satisfied that the owner has already
deposited sufficient information in a place specified by the Minister or published a sufficient notice, the Minister may exempt the owner from the application of subsection (2) or (3), as the case may be. Approval (6) The Minister may issue an approval for the work, including its site and plans, if he or she considers it appropriate in the circumstances. Assessment — factors (7) In determining whether to issue the approval, the Minister must consider the following: (a) the characteristics of the navigable water in question; (b) the safety of navigation in that navigable water; (c) the current or anticipated navigation in that navigable water; (d) the impact of the work on navigation, including as
a result of its construction, placement, alteration, rebuilding, removal, decommissioning, repair, maintenance, operation or use; (e) the impact of the work, in combination with other
works, on navigation, if the Minister is provided with, or has in his or her possession, information relating to that cumulative impact; (f) any Indigenous knowledge that has been provided
to the Minister; (g) any comments that he or she receives from interested persons within the period provided for under subsection (4); (h) the record of compliance of the owner under this
Act; and (i) any other information or factor that he or she considers relevant.
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Additional information (8) For the purpose of determining whether to issue the
approval, the Minister may require from the owner any additional information that the Minister considers appropriate. Terms and conditions (9) The Minister may attach any term or condition that he or she considers appropriate to an approval including one that requires the owner to (a) maintain the water level or water flow necessary
for navigation purposes in a navigable water; or (b) give security in the form of a letter of credit, guarantee, suretyship or indemnity bond or insurance or in any other form that is satisfactory to the Minister.
Effect of approval (10) An approval issued under this section in relation to
a work replaces any approval previously issued in relation to that work. Contiguous area (11) The Minister may, in an approval, designate an area
contiguous to a work that is necessary for the safety of persons and navigation and, for the purposes of the approval, that area is considered to be part of the work.
Compliance with requirements (12) The owner must comply with the approval and
maintain, operate and use the work in accordance with the requirements under this Act.
Approval after activity begins (13) The Minister may, if he or she considers that it is
justified in the circumstances, approve the construction, placement, alteration, rebuilding, removal or decommissioning of a work after the construction, placement, alteration, rebuilding, removal or decommissioning begins or is completed. Transfer 8 If the ownership of a work to which an approval relates is transferred, the transferor and the transferee must immediately give written notice of the transfer to the Minister, in the form and manner, and containing the information, specified by the Minister.
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Amendment of approval 9 (1) The Minister may amend an approval by amending or revoking any term or condition of the approval.
Amendment resulting from order (2) The Minister may otherwise amend the approval, including by adding terms and conditions, to reflect any changes to the work resulting from an order made under section 11 or 13.
Other amendments (3) The Minister may otherwise amend the approval, including by adding terms and conditions, if he or she considers that (a) the work that is the subject of the approval interferes more with navigation at the time in question than it did when the approval was issued; (b) the work causes or is likely to cause a serious and
imminent danger to navigation; (c) the amendment of the approval is in the public interest; or (d) the owner consents to the amendment.
Suspension or cancellation (4) The Minister may suspend or cancel an approval if he or she considers that (a) the owner has not complied with the approval; (b) the approval was obtained by a fraudulent or improper means or by the misrepresentation of a material fact; (c) the owner has not paid a fine or penalty imposed
under this Act; (d) the owner has contravened this Act; or (e) the suspension or cancellation is in the public interest, including by reason of the record of compliance of the owner under this Act. Notice (5) The Minister must give the owner 30 days’ notice setting out the grounds on which the Minister relies for the amendment, except in the case of an amendment made under subsection (2) or paragraph (3)(b), suspension or cancellation of the approval of a work if he or she is
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amending it without the owner’s consent or suspending or cancelling it.
Works in Navigable Waters not Listed in Schedule Notice 9.1 An owner who proposes to construct, place, alter, rebuild, remove or decommission a work — other than a major work or a minor work — in, on, over, under, through or across any navigable water that is not listed in the schedule may do so if (a) the work, or its construction, placement, alteration, rebuilding, removal or decommissioning, would not interfere with navigation; and (b) before beginning the construction, placement, alteration, rebuilding, removal or decommissioning, the owner deposits any information specified by the Minister in any place specified by the Minister and publishes a notice in any manner, and including any information, specified by the Minister. Application or notice 10 (1) An owner who proposes to construct, place, alter, rebuild, remove or decommission a work — other than a major work or a minor work — in, on, over, under, through or across any navigable water that is not listed in the schedule must take one of the following steps if the work, or its construction, placement, alteration, rebuilding, removal or decommissioning, may interfere with navigation: (a) make an application for an approval to the Minister, in the form and manner, and containing the information, specified by the Minister; or (b) deposit any information specified by the Minister in any place specified by the Minister and publish a notice in any manner, and including any information, specified by the Minister.
Deeming (2) An application made under paragraph (1)(a) is deemed to be an application made under subsection 5(1) and, if an approval is issued under subsection 7(6) in respect of the application, the work to which the approval relates is deemed to be a work constructed or placed in, on, over, under, through or across a navigable water that is listed in the schedule.
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Comment period (3) The notice referred to in paragraph (1)(b) must invite
interested persons to provide written comments on the proposal, as it relates to navigation, to the owner within 30 days after publication of the notice or within any other period prescribed by regulation. Attempt to resolve 10.1 (1) If a comment that is provided to an owner under subsection 10(3) expresses a concern relating to navigation, the owner and the person who made the comment must attempt to resolve the person’s concern within 45 days after the end of the period set out in that subsection or within any other period prescribed by regulation.
Change to proposal (2) If, as a result of an attempt to resolve a concern under subsection (1), the owner makes a material change to the proposal, he or she must deposit the new information and publish a new notice, in accordance with paragraph 10(1)(b).
Request to Minister (3) If the concern is not resolved within the period referred to in subsection (1), the person who made the comment may, within 15 days after the end of that period or within any other period prescribed by regulation, make a request to the Minister — in the form and manner, and containing the information, specified by the Minister — for a decision on whether the owner is required to apply for an approval in relation to the work. Decision by Minister (4) On receipt of a request under subsection (3), the Minister may decide that the owner is required to apply for an approval in relation to the work.
Additional information (5) For the purpose of deciding whether to require an application for an approval under subsection (4), the Minister may require from the owner any additional information that the Minister considers appropriate. Notice (6) The Minister must inform the owner and the person
who made the request of his or her decision. Work may commence 10.2 (1) An owner who publishes a notice referred to in
paragraph 10(1)(b) may only construct, place, alter, rebuild, remove or decommission the work
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(a) if no comments are provided to the owner, or if
comments are provided to the owner but no concerns relating to navigation are expressed in those comments, after the day on which the comment period ends; (b) if comments are provided to the owner and concerns relating to navigation are expressed in those comments but all such concerns are resolved, after the later of (i) the day on which the comment period ends, and (ii) the day on which all the concerns are resolved;
or (c) if comments are provided to the owner and those comments express concerns relating to navigation but any such concern remains unresolved and (i) no request is made under subsection 10.1(3), after the day on which the period referred to in that subsection ends, or (ii) a request is made under subsection 10.1(3) and (A) the Minister decides that the owner is not
required to apply for an approval in relation to the work, after the day on which the owner receives notice of that decision, or (B) the Minister decides that the owner is required to apply for an approval in relation to the work, after the day on which the approval is issued or, if it is later, the day set out in the approval.
Prohibition (2) Despite subsection (1), an owner is prohibited from
constructing, placing, altering, rebuilding, removing or decommissioning a work that extinguishes navigation for vessels of any class that navigate, or are likely to navigate, the navigable water in question.
Change (3) For greater certainty, if, at any time, an owner referred to in subsection (1) makes a material change to the
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work or to the method of its construction, placement, alteration, rebuilding, removal or decommissioning, the owner must either make an application under paragraph 10(1)(a) or deposit new information and publish a new notice in accordance with paragraph 10(1)(b).
Owner’s Duty Notification 10.3 (1) An owner of a work in, on, over, under, through or across any navigable water must immediately notify the Minister if the work, or its construction, placement, alteration, rebuilding, removal or decommissioning, causes or is likely to cause a serious and imminent danger to navigation.
Duty (2) The owner must, as soon as feasible, take all reasonable measures consistent with public safety and with the safety of navigation to prevent any serious and imminent danger to navigation that is caused or likely to be caused by the work, or its construction, placement, alteration, rebuilding, removal or decommissioning, or to counteract, mitigate or remedy any adverse effects that result from that danger to navigation or might reasonably be expected to result from it.
Minister’s Powers Emergency 10.4 (1) Even if the application referred to in subsection
5(1) or paragraph 10(1)(a) has not yet been made, or the notice referred to in paragraph 10(1)(b) has not yet been published, the Minister may authorize, subject to any terms or conditions that he or she considers appropriate, the construction, placement, alteration, rebuilding, removal or decommissioning of a work — other than a minor work — in, on, over, under, through or across any navigable water if the Minister is of the opinion that it must be carried out immediately in order to respond to (a) a matter of national security; (b) a national emergency in respect of which special
temporary measures are being taken under the Emergencies Act; or (c) an emergency that (i) poses a risk to public health, safety, the environment or property, or
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(ii) threatens to cause social disruption or a breakdown in the flow of essential goods, services or resources.
Approval (2) The Minister may issue an approval for a work authorized under subsection (1), including its site and plans, if he or she considers it appropriate in the circumstances.
2012, c. 31, s. 318
50 (1) Subsection 11(1) of the Act is replaced by
the following: Application 11 (1) This section applies to any work in, on, over, under, through or across any navigable water that is constructed, placed, altered, rebuilt, removed, decommissioned, repaired, maintained, operated or used contrary to the requirements under this Act.
2012, c.31, s. 318
(2) Paragraph 11(2)(a) of the Act is replaced by the following: (a) order the owner of a work to repair, alter or remove the work; 2012, c. 31, s. 318
(3) Subsection 11(3) of the Act is replaced by the following:
Debt (3) The amount of the costs incurred by the Minister
while acting under paragraph (2)(c) constitutes a debt due to Her Majesty in right of Canada. Surplus (4) The Minister must pay all or any portion of the surplus of the proceeds of any sale to the owner of the work sold or to any other person that is entitled to the proceeds. 2012, c. 31, s. 318
51 Section 12 of the Act is repealed. 2012, c.31, s. 318
52 (1) The portion of subsection 13(1) of the Act
before paragraph (a) is replaced by the following:
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Repair, alteration or removal 13 (1) The Minister may order the owner of a work in,
on, over, under, through or across any navigable water to repair, alter or remove it if he or she considers that
2012, c. 31, s. 318
(2) Subsection 13(3) of the Act is replaced by the
following: Failure to comply (3) If the owner fails to comply with an order made under subsection (1) or (2), the Minister may do any thing with respect to the work that he or she considers appropriate. Debt (4) The amount of the costs incurred by the Minister
while acting under subsection (3) constitutes a debt due to Her Majesty in right of Canada. Surplus (5) The Minister must pay all or any portion of the surplus of the proceeds of any sale to the owner of the work sold or to any other person that is entitled to the proceeds. 2012, c. 31, s. 318
53 Section 14 of the Act is replaced by the following:
Designation of Areas Designation 13.1 The Governor in Council may, by order, designate
areas where no work may be constructed or placed.
General Statutory Instruments Act 14 For greater certainty, approvals issued under subsection 7(6) or (13), terms and conditions imposed under subsection 7(9) or 9(2) or (3) or section 10.4 and orders given under paragraph 11(2)(a), (b) or (d) or subsection 13(1) or (2) are not statutory instruments as defined in subsection 2(1) of the Statutory Instruments Act.
2009, c. 2, s. 335; 2012, c.31, ss. 318 and 319(1) and (2)(F)
54 Sections 15 to 19 of the Act are replaced by the
following:
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Obstruction 15 (1) The person in charge of an obstruction in a navigable water must immediately give notice of the existence of the obstruction to the Minister, in the form and manner, and containing the information, specified by the Minister. Measures (2) Unless otherwise ordered by the Minister under subsection (3), the person in charge of the obstruction must (a) place and, as long as the obstruction is present, maintain, by day, a sufficient signal and, by night, a sufficient light, to indicate the position of the obstruction; and (b) immediately begin its removal and carry on the removal diligently to completion.
Minister’s powers (3) The Minister may order the person in charge of an
obstruction in a navigable water to repair, secure, move, remove, dismantle or destroy it in the manner that the Minister considers appropriate or, if he or she is satisfied that it is necessary in the circumstances, may order the person to do any other thing with respect to the obstruction. Failure to comply (4) If the person in charge of the obstruction fails to comply with paragraph (2)(a) or (b) or an order made under subsection (3), the Minister may do any thing with respect to the obstruction that he or she considers appropriate.
Potential obstruction 15.1 (1) The Minister may order the person in charge of
a potential obstruction that has persisted for more than 24 hours in a navigable water to repair, secure, move, remove, dismantle or destroy it in the manner that the Minister considers appropriate or, if he or she is satisfied that it is necessary in the circumstances, may order the person to do any other thing with respect to the potential obstruction. Failure to comply (2) If the person to whom an order is given fails to comply with it, the Minister may do any thing with respect to the potential obstruction that he or she considers appropriate.
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Minister’s powers 15.2 If the person in charge of an obstruction or a potential obstruction in a navigable water is not known or cannot be located, the Minister may repair, secure, move, remove, dismantle or destroy it or do any other thing with respect to the obstruction or potential obstruction that he or she considers appropriate.
Property belonging to Her Majesty 16 (1) The Minister may order any person to secure, remove or destroy a wreck, vessel, part of a vessel or other thing that is cast ashore, stranded or left on any property belonging to Her Majesty in right of Canada and impedes, for more than 24 hours, the use of that property as may be required for the public purposes of Canada.
Failure to comply (2) If the person to whom an order is given fails to comply with the order, the Minister may do any thing with respect to the wreck, the vessel, the part of a vessel or the thing that he or she considers appropriate.
Sale 17 (1) If a person in charge of an obstruction or potential obstruction in a navigable water fails to comply with paragraph 15(2)(a) or (b) or is not known or cannot be located, or if a person to whom an order is given under subsection 15(3), 15.1(1) or 16(1) fails to comply with the order, the Minister may sell by auction or otherwise, as he or she considers appropriate, the obstruction or potential obstruction or the thing referred to in subsection 16(1). The Minister may apply the proceeds of the sale to make good the costs incurred by the Minister while acting under subsection 15(4) or 15.1(2) or section 15.2 or subsection 16(2), as the case may be.
Surplus (2) The Minister must pay all or any portion of the surplus of the proceeds of the sale to the person in charge of the obstruction or potential obstruction sold or to any other person that is entitled to the proceeds.
Debt 18 (1) The amount of the costs incurred by the Minister
while acting under subsection 15(4) or 15.1(2) or section 15.2 or subsection 16(2) constitutes a debt due to Her Majesty in right of Canada. Recovery by Her Majesty (2) Such debts are recoverable from (a) the person in charge of the obstruction at the time the obstruction was occasioned;
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(b) any person through whose act or fault or through
the act or fault of whose servant the obstruction was occasioned or continued; (b.1) the person in charge of the potential obstruction at the time potential obstruction was identified; (b.2) any person through whose act or fault or
through the act or fault of whose servant the potential obstruction was occasioned or continued; or (c) the person to whom the order referred to in subsection 16(1) is given.
Statutory Instruments Act 19 For greater certainty, an order given under subsection 15(3), 15.1(1) or 16(1) is not a statutory instrument as defined in subsection 2(1) of the Statutory Instruments Act. 2012, c. 31, s. 320
55 Section 20 of the Act is replaced by the following:
Abandoned vessel 20 (1) If any vessel or thing is wrecked, sunk, partially
sunk, stranded, grounded, including on the shore, or abandoned in a navigable water, the Minister may, for a purpose that he or she specifies and subject to any conditions that he or she considers appropriate, authorize any person to take possession of all or part of the vessel or thing, for the benefit of that person or the public. Notification (2) The Minister must not authorize a person to take
possession of all or part of the vessel or thing under subsection (1) unless the person has given 30 days’ notice, in the form and manner specified by the Minister, of their intention to do so (a) to its owner; or (b) to the public, if its owner is unknown or cannot be located.
Consent not required (3) A person that is authorized to take possession of a
vessel under subsection (1) is not required to obtain the consent of its owner to register the vessel or obtain a pleasure craft licence for it under the Canada Shipping Act, 2001.
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Statutory Instruments Act (4) For greater certainty, conditions imposed under subsection (1) are not statutory instruments as defined in subsection 2(1) of the Statutory Instruments Act. 56 Section 22 of the Act is renumbered as subsection 22(1) and is amended by adding the following:
Non-application (2) The prohibition in subsection (1) does not apply with
respect to the dumping of fill done in compliance with an approval issued under subsection 7(6). 2012, c. 31, s. 321
57 Sections 23 and 24 of the Act are replaced by
the following: Dewatering and other actions 23 (1) No person shall take any action that lowers the water level of a navigable water or any part of a navigable water to a level that extinguishes navigation for vessels of any class that navigate, or are likely to navigate, the navigable water in question.
Historic canals (2) Subsection (1) does not apply to a historic canal as defined in section 2 of the Historic Canals Regulations.
Navigation not extinguished (3) For the purposes of this Act, navigation is not extinguished if the Minister is of the opinion that there are sufficient measures in place to mitigate the impact of the lower water level on navigation and he or she approves the work whose construction, placement, alteration, rebuilding, removal, decommissioning, repair, maintenance, operation or use lowers the water level of a navigable water or part of a navigable water.
Exemption by order 24 (1) The Governor in Council may, by order, exempt
from the application of any of sections 21 to 23, any rivers, streams or waters, in whole or in part, if the Minister receives an application for an exemption and the Governor in Council is satisfied that it would be in the public interest.
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Application (2) An application for an exemption under subsection (1)
must be made in the form and manner, and contain the information, specified by the Minister. 2012, c. 31, s. 321
58 Section 26 of the Act is replaced by the following:
Minister’s powers 25.1 (1) The Minister may (a) order any person who is contravening section 21 or
22 to stop throwing or depositing or causing, suffering or permitting to be thrown or deposited any material or rubbish; (b) order any person who contravened section 21 or 22 to remove the material or rubbish in question or to do any other thing with respect to it, including taking all measures necessary for the safety of navigation; (c) if a person fails to comply with an order given under paragraph (a) or (b), cause any thing to be done with respect to the material or rubbish in question, including its removal and disposition; (d) order any person who is contravening subsection
23(1) to stop taking the action that is lowering the level of the navigable water; (e) order any person who has contravened subsection 23(1) to take any action necessary to restore the level of the navigable water to the level that the Minister considers acceptable; and (f) if a person fails to comply with an order given under paragraph (d) or (e), cause any thing to be done with respect to the navigable water, including the taking of any action necessary to restore the level of the navigable water to the level that the Minister considers acceptable.
Debt (2) The amount of the costs incurred by the Minister
while acting under paragraph (1)(c) or (f) constitutes a debt due to Her Majesty in right of Canada. Statutory Instruments Act (3) For greater certainty, an order given under this section is not a statutory instrument as defined in subsection 2(1) of the Statutory Instruments Act.
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Designated places to deposit materials 26 (1) The Governor in Council may, by regulation, designate places in any navigable water that is not within the jurisdiction of any person referred to in section 25, where stone, gravel, earth, cinders, ashes or other material may be deposited even if the minimum depth of water at that place may be less than 36 metres.
Ministerial approval (2) The Minister may, on application, authorize the deposit of materials in a place designated under subsection (1).
Application (3) An application under subsection (2) must be made in
the form and manner, and contain the information, specified by the Minister. Non-application (4) For greater certainty, this section does not apply with
respect to the dumping of fill done in compliance with an approval issued under subsection 7(6).
Studies and Collection of Information Minister 26.1 The Minister may undertake any study and collect any information that, in his or her opinion, is necessary for the purposes of the administration of this Act.
Indigenous Knowledge Confidentiality 26.2 (1) Any Indigenous knowledge that is provided to the Minister under this Act in confidence is confidential and must not knowingly be, or be permitted to be, disclosed without written consent.
Exception (2) Despite subsection (1), the Indigenous knowledge referred to in that subsection may be disclosed if (a) it is publicly available; (b) the disclosure is necessary for the purposes of procedural fairness and natural justice, or for use in legal proceedings; or
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(c) the disclosure is authorized in the circumstances
set out in the regulations made under paragraph 28(1)(g.2). Consultation (2.1) Before disclosing Indigenous knowledge under
paragraph 2(b) for the purposes of procedural fairness and natural justice, the Minister must consult the person or entity who provided the Indigenous knowledge and the person or entity to whom it is proposed to be disclosed about the scope of the proposed disclosure and potential conditions under subsection (3).
Further disclosure (3) The Minister may, having regard to the consultation
referred to in subsection (2.1), impose conditions with respect to the disclosure of Indigenous knowledge by any person or entity to whom it is disclosed under paragraph (2)(b) for the purposes of procedural fairness and natural justice. Duty to comply (4) The person or entity referred to in subsection (3) must comply with any conditions imposed by the Minister under that subsection.
Protection from civil proceeding or prosecution (5) Despite any other Act of Parliament, no civil or criminal proceedings lie against the Minister — or any person acting on behalf of, or under the direction of, him or her — and no proceedings lie against the Crown, for the disclosure in good faith of any Indigenous knowledge under this Act or for any consequences that flow from that disclosure. 2012, c. 31, s. 321
59 Section 27 of the Act is replaced by the following: Agreements and arrangements 27 The Minister may, with respect to his or her responsibilities under this Act, enter into agreements or arrangements for carrying out the purposes of this Act and authorize any other federal minister, person or organization with whom an agreement or arrangement is entered into to exercise the powers or perform the duties under this Act that are specified in the agreement or arrangement. 60 The Act is amended by adding the following after section 27.1:
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Registry Establishment 27.2 (1) The Minister must establish and maintain a
registry in which information that he or she specifies is deposited. Access (2) The Minister must make the registry accessible to the
public through the Internet and by any other means that he or she considers appropriate. Types of documents in registry (3) The registry must contain only records or parts of a
record (a) that are publicly available; or (b) that the Minister determines would be disclosed to the public in accordance with the Access to Information Act if a request were made in respect of that record under that Act, including any record that would be disclosed in the public interest under subsection 20(6) of that Act.
Protection from civil proceeding or prosecution (4) Despite any other Act of Parliament, no civil or criminal proceedings lie against the Minister, or any person acting on behalf of, or under the direction of, him or her or against the Crown, for the disclosure in good faith of any record or any part of a record under this Act or for any consequences that flow from that disclosure.
2012, c. 31, s. 321
61 (1) Paragraphs 28(1)(b) and (c) of the Act are
replaced by the following: (b) respecting fees, or the method of calculating fees, to be paid for any service provided or any right or privilege conferred by means of an approval, exemption or other authorization under this Act and respecting the payment of those fees; (c) respecting the issuance, amendment, suspension and cancellation of approvals in relation to works;
2012, c. 31, s. 321
(2) Paragraphs 28(1)(e) and (f) of the Act are replaced by the following:
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(e) respecting the construction, placement, alteration,
rebuilding, removal, decommissioning, repair, maintenance, operation, use or safety of works in, on, over, under, through or across any navigable waters; (e.1) prescribing periods for the purposes of subsections 10(3) and 10.1(1) and (3); (f) respecting areas contiguous to works that are necessary for the safety of persons and navigation; (f.1) respecting places in any navigable water where
stone, gravel, earth, cinders, ashes or other material may be deposited and the deposit of such materials in such places;
(3) Subsection 28(1) of the Act is amended by adding the following after paragraph (g): (g.1) excluding any body of water that the Governor in Council considers to be small from the definition navigable water in section 2; (g.2) prescribing the circumstances in which the Indigenous knowledge that is provided to the Minister under this Act in confidence may be disclosed without written consent; 2012, c. 31, s. 321
(4) Paragraphs 28(2)(a) to (d) of the Act are replaced by the following: (a) designating any works that are likely to slightly interfere with navigation as minor works; (b) designating any works that are likely to substantially interfere with navigation as major works; and (c) respecting the construction, placement, alteration, rebuilding, removal, decommissioning, repair, maintenance, operation, use or safety of works in, on, over, under, through or across any navigable waters. (5) Subsection 28(2) of the Act is amended by
striking out “and” at the end of paragraph (b), by adding “and” at the end of paragraph (c) and by adding the following after paragraph (c): (d) respecting the registry established under section 27.2, including specifying records or information to be posted on the Internet site.
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2012, c. 31, s. 321
(6) Subsection 28(5) of the Act is repealed.
2012, c. 31, s. 321
62 Section 29 of the Act is replaced by the following:
Addition to schedule 29 (1) The Minister may, by order, amend the schedule
by adding to it a reference to a navigable water after considering the following factors: (a) whether the navigable water is on a nautical chart issued officially by or on the authority of the Canadian Hydrographic Service; (b) the physical characteristics of the navigable water; (c) whether the navigable water connects to other
navigable waters and, if so, how it connects to them; (d) the safety of navigation in the navigable water; (e) the past, current or anticipated navigation in the navigable water; (f) whether there are Indigenous peoples of Canada who navigate, have navigated or will likely navigate the navigable water in order to exercise rights recognized and affirmed by section 35 of the Constitution Act, 1982; and (g) the cumulative impact of works on navigation in
the navigable water.
Request — addition (2) Any person may request that the Minister add a reference to a navigable water to the schedule by submitting an application in the form and manner, and containing the information, specified by the Minister.
Other amendment of schedule (3) The Minister may, by order, amend the schedule by amending a reference to a navigable water and the Governor in Council may, by regulation, amend the schedule by deleting a reference to a navigable water. 2012, c. 31, s. 324(1)
63 (1) Subsection 34(1) of the Act is replaced by
the following:
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Authority to enter 34 (1) Subject to subsection 36(1), a designated person
may, for a purpose related to verifying compliance with this Act, enter a place, including an obstruction, work or vessel, in which they have reasonable grounds to believe that an activity regulated under this Act is conducted or an item to which this Act applies, or any information relating to such an activity or item, is located.
2009, c. 2, s. 340
(2) Paragraph 34(3)(a) of the Act is replaced by
the following: (a) examine the place and anything in the place; 2009, c. 2, s. 340
(3) Paragraph 34(3)(b) of the French version of the Act is replaced by the following: b) emporter, pour examen ou, dans le cas d’un document, pour reproduction, tout document ou autre chose se trouvant dans le lieu; (4) Subsection 34(3) of the Act is amended by striking out “and” at the end of paragraph (g), by adding “and” at the end of paragraph (h) and by adding the following after paragraph (h): (i) order any person in the place to establish their
identity to the designated person’s satisfaction. (5) Section 34 of the Act is amended by adding the
following after subsection (3): Persons accompanying designated person (3.1) The designated person may be accompanied by any
person that they consider necessary to help them exercise their powers or perform their duties or functions under this section. 64 Section 36 of the Act is amended by adding the
following after subsection (2): Use of force (3) In executing a warrant to enter a dwelling-house, a
designated person may use force only if the use of force has been specifically authorized in the warrant and they are accompanied by a peace officer. 65 The Act is amended by adding the following after section 36:
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Production of documents or information 36.1 A designated person may, for a purpose related to
verifying compliance with this Act, order a person to provide, on the date, at the time and place and in the manner specified by the designated person, any document or information specified by the designated person. Seizure 36.2 (1) The designated person may seize and detain anything that he or she has reasonable grounds to believe was used in the contravention of any provision of this Act or the regulations or is related to such a contravention.
Custody of things seized (2) If a designated person seizes a thing under subsection (1), sections 489.1 and 490 of the Criminal Code apply and the designated person, or any person that he or she may designate, must retain custody of the thing, subject to any order made under section 490 of the Criminal Code.
Return of anything removed 36.3 (1) Anything removed under paragraph 34(3)(b)
must be returned as soon as feasible after it is no longer required for the purpose for which it was taken unless (a) the thing, in the designated person’s opinion, is no
longer useful; or (b) the owner is unknown or cannot be located.
Thing not returned (2) A designated person may dispose of anything that is
not returned under subsection (1), in the manner that they consider appropriate, and any proceeds realized from the disposition are to be paid to the Receiver General. 2009, c. 2, s. 340
66 Subsection 39(1) of the Act is replaced by the
following: Not personally liable 39 (1) Servants of the Crown, as those terms are defined in section 2 of the Crown Liability and Proceedings Act, and persons accompanying a designated person under subsection 34(3.1) are not personally liable for anything they do or omit to do in good faith under this Act.
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2012, c. 31, s. 328
67 Subsection 39.1(3) of the Act is replaced by the following:
Maximum penalty (3) The maximum penalty for a violation is $50,000, in
the case of an individual, and $250,000 in any other case. 68 The Act is amended by adding the following after section 39.13:
Right of appeal 39.131 (1) Within 30 days after a decision is made under subsection 39.13(1) or (2), the Minister or the person to whom it applies may appeal from the decision to the Tribunal.
Loss of right of appeal (2) A party that does not appear at a review hearing is
not entitled to appeal a decision, unless they establish that there was sufficient reason to justify their absence.
Disposition of appeal (3) The appeal panel of the Tribunal assigned to hear an
appeal may dispose of the appeal by dismissing it or by allowing it and, in allowing the appeal, the panel may substitute its own decision for the decision under appeal. Notice (4) If the appeal panel finds that a person has committed
a violation, the panel must without delay inform the person and the Minister of its decision and of the amount determined by the panel to be payable to the Tribunal by or on behalf of the person in respect of the violation and the time within which it must be paid. 2012, c. 31, s. 328
69 (1) Paragraph 39.14(1)(b) of the Act is replaced
by the following: (b) the amount of a penalty set out in the notice of the Tribunal’s decision made under subsection 39.13(1) or (2) or 39.131(4), beginning on the day specified in the decision; and 2012, c. 31, s. 328
(2) Subsection 39.14(3) of the Act is replaced by
the following:
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Debt final (3) The debt is final and not subject to review or to be restrained, prohibited, removed, set aside or otherwise dealt with except to the extent and in the manner provided by sections 39.12, 39.13 and 39.131. 2012, c. 31, s. 328
70 Section 39.18 of the Act is replaced by the following: Burden of proof 39.18 (1) The Minister has the burden of establishing
that a person who is named in a notice of violation has committed the violation. Person not compelled to testify (2) A person who is named in a notice of violation is not required to give evidence in any proceedings before the Tribunal. 2012, c. 31, s. 328
71 Sections 39.23 and 39.24 of the Act are replaced by the following:
Limitation period or prescription 39.23 Proceedings in respect of a violation may be commenced no later than two years after the day on which a designated person becomes aware of the acts or omissions that constitute the alleged violation. Certification 39.24 A document appearing to have been issued by the Minister or a designated person and certifying the day on which the acts or omissions that constitute the alleged violation became known to a designated person is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and, in the absence of evidence to the contrary, is proof that the designated person became aware of the acts or omissions on that day. 2012, c. 31, s. 329(1)
72 (1) The portion of subsection 40(1) of the Act before paragraph (f) is replaced by the following:
Offence 40 (1) Every person is guilty of an offence, if the person (a) contravenes section 3, subsection 4(1) or (2), 5(1)
or 7(12), section 8, subsection 10(1), 10.1(2), 10.2(1) or (2), 10.3(1) or 15(1), section 21, 22, 23 or 35 or subsection 37(1) or (2);
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(b) contravenes an order given under paragraph
11(2)(a), (b) or (d), subsection 13(1) or (2), 15(3), 15.1(1) or 16(1) or paragraph 25.1(1)(a), (b), (d) or (e); (c) does not take the measures required under subsection 10.3(2) or paragraph 15(2)(a) or (b); (2) Section 40 of the Act is amended by adding the
following after subsection (1): Penalties (1.1) Every person who is guilty of an offence under subsection (1) is liable, on summary conviction, (a) in the case of an individual, (i) for a first offence, to a fine of not more
than $100,000, and (ii) for a second or subsequent offence, to a fine of
not more than $200,000 or to imprisonment for a term of not more than six months, or to both; and (b) in the case of a corporation, (i) for a first offence, to a fine of not more
than $500,000, and (ii) for a second or subsequent offence, to a fine of
not more than $1,000,000. (3) Section 40 of the Act is amended by adding the following after subsection (5):
Vicarious liability — acts of employees, agents and mandataries (6) A person is liable for an offence that is committed by that person’s employee or agent or mandatary who is acting in the course of the employee’s employment or within the scope of the agent or mandatary’s authority, whether or not the employee or agent or mandatary who actually committed the offence is identified or proceeded against in accordance with this Act.
Due diligence defence (7) A person is not to be found guilty of an offence under
subsection (1), other than for a contravention of subsection 37(1) or (2), if they establish that they exercised due diligence to prevent the commission of the offence.
2009, c. 2, s. 340
73 Section 41 of the Act is replaced by the following:
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Limitation period or prescription 41 Proceedings in respect of an offence under this Act may be commenced no later than five years after the day on which a designated person becomes aware of the acts or omissions that constitute the alleged offence.
Certification 42 A document appearing to have been issued by the
Minister or a designated person and certifying the day on which the acts or omissions that constitute the alleged offence became known to a designated person is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and, in the absence of evidence to the contrary, is proof that the designated person became aware of the acts or omissions on that day. Orders of court 43 If a person is convicted of an offence under this Act, in addition to any punishment imposed, the court may, having regard to the nature of the offence and the circumstances surrounding its commission, make an order imposing any one or more of the following prohibitions, directions or requirements on the person: (a) a prohibition from doing any act or engaging in any activity that may, in the opinion of the court, result in the continuation or repetition of the offence; (b) a direction to publish, in any manner the court
considers appropriate, the facts relating to the commission of the offence; (c) a direction to pay the Minister an amount of money as compensation, in whole or in part, for the cost of any remedial or preventive action taken by or caused to be taken on behalf of the Minister as a result of the commission of the offence; (d) a direction to perform community service in accordance with any reasonable conditions that may be specified in the order; (e) a direction to post a bond or provide surety or pay
into court an amount of money the court considers appropriate for the purpose of ensuring compliance with any prohibition, direction or requirement mentioned in this section; (f) a direction to submit to the Minister, on application by the Minister within three years after the date of the conviction, any information respecting the activities of the person that the court considers appropriate in the circumstances; and
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(g) a requirement to comply with any other conditions
that the court considers appropriate for securing the person’s good conduct and for preventing the person from repeating the offence or committing other offences under this Act. Forfeiture 44 (1) If a person is found guilty of an offence, the court
may, in addition to any punishment imposed, order that any seized thing under this Act, or any proceeds of its disposition, be forfeited to Her Majesty in right of Canada. Return if forfeiture not ordered (2) If the court does not order the forfeiture, the seized
thing or the proceeds of its disposition must be returned or paid to its owner. Retention or disposition 45 If a fine is imposed on a person convicted of an offence, any seized thing, or any proceeds of its disposition, may be retained until the fine is paid, or the thing may be disposed of and the proceeds applied, in whole or in part, in payment of the fine.
Reporting of alleged contraventions 46 (1) An individual who has reasonable grounds to believe that a person has contravened or intends to contravene a provision of this Act or the regulations may notify the Minister of the particulars of the matter and may request that their identity be kept confidential with respect to the notification. Confidentiality (2) The identity of an individual to whom the Minister
has provided an assurance of confidentiality may be disclosed by the Minister only in accordance with the Privacy Act.
Review Review of Act 47 (1) A review of the provisions and the operation of
this Act must be completed by the Minister before the end of the fifth year after the day on which this section comes into force. Tabling of report (2) The Minister must cause a report of the review to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the report has been completed.
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74 The Schedule to the Act is amended by replacing the references after the heading “SCHEDULE” with the following: (Section 3, subsections 4(1) and (3), 5(1) and 6(1), section 8, subsections 9(1), 10(1), 12(1), 13(1), 15(1), 16(1), 17(1) and 19(1), paragraphs 28(1)(e) and (2)(b) and (c) and subsections 29(1) to (3))
75 The Schedule to the Act is amended by replacing the references after the heading “SCHEDULE” with the following: (Paragraph 5(1)(b) and subsections 10(1) and (2) and 29(1) to (3))
Transitional Provisions Deemed approval 76 (1) A work is deemed to have been approved
under section 7 of the Canadian Navigable Waters Act, as enacted by section 49 of this Act, if it was or was deemed to be (a) approved under section 6 of the Navigation
Protection Act, as it read immediately before the coming into force of section 46 of this Act; or (b) permitted under section 9 of the Navigation Protection Act, as it read immediately before the coming into force of section 46 of this Act.
Terms and conditions (2) Any term or condition attached to an approval under section 6 of the Navigation Protection Act as it read immediately before the coming into force of section 46 of this Act — or imposed under section 9 of that Act as it read at that time — remains in effect.
Validity period of approval (3) Despite subsection 332(2) of the Jobs and
Growth Act, 2012, a term or condition relating to a validity period that was imposed on an approval granted under the Navigable Waters Protection Act before April 1, 2014 is of no force or effect if the validity period in question had not expired before that date. Minor works 77 (1) A work is deemed to be validly constructed
or placed in accordance with section 4 of the Canadian Navigable Waters Act, as enacted by
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section 49 of this Act, if it was, or was deemed to be, validly constructed or placed in accordance with section 10 of the Navigation Protection Act, as it read immediately before the coming into force of section 46 of this Act.
Deemed designation (2) Any work designated or deemed to have been
designated as a minor work under paragraph 28(2)(a) of the Navigation Protection Act, as it read immediately before the coming into force of section 46 of this Act, is deemed to be designated as a minor work under paragraph 28(2)(a) of the Canadian Navigable Waters Act until an order is made under that paragraph.
Terms and conditions (3) Every
term and condition imposed, or deemed to have been imposed, under paragraph 28(2)(c) of the Navigation Protection Act, as it read immediately before the coming into force of section 46 of this Act, with respect to the minor works referred to in subsection (1), is deemed to be imposed under paragraph 28(2)(c) of the Canadian Navigable Waters Act until an order is made under that paragraph.
Navigable waters not listed in the schedule 78 For the purposes of the Canadian Navigable Waters Act, any work that is referred to in subsection 332(3) or (4) of the Jobs and Growth Act, 2012 and that was deemed to be constructed or placed in, on, over, under, through or across a navigable water listed in the schedule to the Navigation Protection Act in accordance with subsection 332(5) of the Jobs and Growth Act, 2012 is not constructed or placed in, on, over, under, through or across a navigable water listed in the schedule to the Canadian Navigable Waters Act.
Validly constructed or placed 79 A work that was or was deemed to be validly
constructed or placed under the Navigation Protection Act, as it read immediately before the coming into force of section 46 of this Act, remains validly constructed or placed under the Canadian Navigable Waters Act.
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Notice or application not decided 80 (1) Every notice of a proposed work given under subsection 5(1) of the Navigation Protection Act, as it read immediately before the coming into force of section 46 of this Act, and every application for an approval of a work submitted under subsection 6(1) of that Act, as it read immediately before that coming into force, that has not been decided before that coming into force is deemed to be an application for an approval made under subsection 5(1) of the Canadian Navigable Waters Act.
Request not granted (2) Every request made under subsection 4(1) of
the Navigation Protection Act, as it read immediately before the coming into force of section 46 of this Act, that has not been accepted before that coming into force is deemed to be an application for an approval made under paragraph 10(1)(a) of the Canadian Navigable Waters Act.
PART 4
Consequential and Coordinating Amendments and Coming into Force Consequential Amendments R.S., c. A-1
Access to Information Act 81 Schedule I to the Access to Information Act is amended by striking out the following under the heading “Other Government Institutions”:
Canadian Environmental Assessment Agency Agence canadienne d’évaluation environnementale National Energy Board Office national de l’énergie 82 Schedule I to the Act is amended by adding the following, in alphabetical order, under the heading “Other Government Institutions”:
Canadian Energy Regulator Régie canadienne de l’énergie
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Impact Assessment Agency of Canada Agence canadienne d’évaluation d’impact 2012, c. 19, s. 56
83 Schedule II to the Act is amended by striking
out the reference to Canadian Environmental Assessment Act, 2012 Loi canadienne sur l’évaluation environnementale (2012) and the corresponding reference to “subsections 45(4) and (5)”. 84 Schedule II to the Act is amended by adding, in alphabetical order, a reference to
Canadian Energy Regulator Act Loi sur la Régie canadienne de l’énergie and a corresponding reference to “subsections 58(1) and (2), 113(2) and 114(4)”. 85 Schedule II to the Act is amended by adding, in alphabetical order, a reference to
Canadian Navigable Waters Act Loi sur les eaux navigables canadiennes and a corresponding reference to “subsections 26.2(1) and (2)”. 86 Schedule II to the Act is amended by adding, in alphabetical order, a reference to
Impact Assessment Act Loi sur l’évaluation d’impact and a corresponding reference to “section 30, subsections 53(4) and (5), section 57 and subsections 119(1) and (2) and 141(4)”. R.S., c. E-6
Energy Administration Act 87 (1) The definition Board in subsection 2(1) of
the Energy Administration Act is repealed. (2) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:
Regulator means the Canadian Energy Regulator. (Régie) 88 The definition licence in subsection 4(1) of the
Act is replaced by the following:
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licence means a licence or other authorization that is issued under Part 7 of the Canadian Energy Regulator Act and that permits the export of oil under that Act. (licence) 89 Section 7 of the Act is replaced by the following:
Chief Executive Officer of the Regulator 7 The Chief Executive Officer of the Regulator administers and enforces this Part on behalf of the Minister and collects the charges imposed under it and, on the request of the Minister, provides him or her with advice and information in respect of exemptions or reductions under subsection 8(1). 90 Subsection 10(2) of the Act is replaced by the following:
Recovery of charges and penalties (2) All charges and penalties payable under this Part may
be recovered in the same manner as any amount payable under the Excise Tax Act and for that purpose sections 82 to 93 of that Act apply with any modifications that the circumstances require and any reference to the Minister or Deputy Minister in those sections is to be construed as a reference to the Chief Executive Officer of the Regulator, as the case may be. 91 Subsection 12(3) of the Act is replaced by the
following: Inspection (3) Every person required by subsection (1) to keep
records and books of account must, at all reasonable times, make the records and books of account and the accounts and vouchers necessary to verify the information in them available to designated officers and inspection officers, as defined in section 2 of the Canadian Energy Regulator Act and any other person designated by the Regulator and give them every facility necessary to inspect the records, books, accounts and vouchers.
R.S., c. 47 (4th Supp.), s. 52 (Sch., subitem 4(1))
92 Section 13 of the Act is replaced by the following:
Appeal 13 If any difference arises or if any doubt exists as to whether any charge is payable or as to the amount of the charge that is payable on the exportation of any oil, the Canadian International Trade Tribunal established by the Canadian International Trade Tribunal Act may
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declare what amount of charge is payable, if any, and for that purpose sections 104 and 105 of the Excise Tax Act apply with any modifications that the circumstances require and any reference in those sections to the Deputy Minister is to be construed as a reference to the Chief Executive Officer of the Regulator. 93 Section 53 of the Act is replaced by the following:
Conflict 53 In the event of a conflict between any price prescribed under this Part and any price established under Part 3 of the Canadian Energy Regulator Act, the price prescribed under this Act prevails. 94 Subsection 54(4) of the Act is replaced by the following:
Determining other costs (4) In determining a purchaser’s cost of service for the purposes of subsection (1) or a purchaser’s cost in respect of the acquisition and transportation of gas for the purposes of subsection (2), the Commission of the Regulator is to be governed by the rules it applies in determining those costs for the purposes of making orders with respect to traffic, tolls or tariffs under Part 3 of the Canadian Energy Regulator Act. 95 (1) The Act is amended by replacing “Board”
with “Regulator” in the following provisions: (a) subsection 9(2); (b) paragraph 36(2)(e); and (c) section 55. (2) The Act is amended by replacing “Board” with
“Commission of the Regulator” in the following provisions: (a) the portion of subsection 9(4) before paragraph (a); (b) section 36.1; (c) paragraphs 43(1)(a) and (b); (d) section 44; (e) paragraph 52(d); and (f) paragraphs 54(1)(b) and (2)(a) and (b) and subsection 54(3).
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R.S., c. E-9
Energy Supplies Emergency Act 1990, c. 2, s. 4
96 Paragraph 25(1)(l) of the Energy Supplies Emergency Act is replaced by the following: (l) respecting the prices at which any controlled product may be sold by suppliers to wholesale customers in particular market areas or generally and the charges for transportation between market areas except for transportation by means of a pipeline in respect of which there is in force a certificate or other authority to operate a pipeline issued under the Canadian Energy Regulator Act; 97 (1) Subsection 36(1) of the Act is replaced by the following:
Definition of “pipeline company” 36 (1) In this section, pipeline company means a company operating a pipeline in respect of which there is in force a certificate or other authority to operate a pipeline, issued under the Canadian Energy Regulator Act. (2) Subsections 36(5) and (6) of the Act are replaced by the following: Additional powers granted (5) The Commission of the Canadian Energy Regulator is vested with all powers, in addition to its powers under the Canadian Energy Regulator Act, that are necessary to enable it to carry out or enforce a direction of the Energy Supplies Allocation Board.
Saving (6) It is not a contravention of section 235 of the Canadian Energy Regulator Act if a discrimination in tolls, services or facilities against any person arises solely as a consequence of compliance with any order of the Commission of the Canadian Energy Regulator that is made under a direction issued under this section, and section 236 of that Act is not applicable in respect of that discrimination.
1996, c. 10, s. 220
98 Section 40 of the Act is replaced by the following:
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Enforcement of orders 40 Without limiting the application of sections 41 and 42 of this Act, an order made by the Canadian Transportation Agency or the Commission of the Canadian Energy Regulator under any directions issued by the Energy Supplies Allocation Board under sections 35 to 37 of this Act may be enforced in the same manner as any order made by the Canadian Transportation Agency or the Commission of the Canadian Energy Regulator under the Canada Transportation Act or the Canadian Energy Regulator Act, as the case may be. 99 (1) The Act is amended by replacing “National Energy Board” with “Canadian Energy Regulator” in the following provisions: (a) subsection 26(3); (b) subsection 27(3); and (c) section 28. (2) The Act is amended by replacing “National Energy Board” with “Commission of the Canadian Energy Regulator” in the following provisions: (a) the portion of subsection 36(2) before paragraph (a) and subsection 36(4); (b) subsection 39(1); (c) the portion of subsection 41(2) before paragraph (a); and (d) section 42. R.S., c. E-15
Excise Tax Act 100 Paragraphs 15.3(b) and 15.4(b) of Part V of
Schedule VI to the Excise Tax Act are amended by replacing “National Energy Board Act” with “Canadian Energy Regulator Act”. R.S., c. E-20; 2001, c. 33, s. 2(F)
Export Development Act 2012, c. 19, s. 57
101 Section 24.1 of the Export Development Act
is replaced by the following:
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Impact Assessment Act 24.1 Section 83 of the Impact Assessment Act does not apply when the Minister or the Minister of Finance exercises a power or performs a duty or function under this Act or any regulation made under it, or exercises a power of authorization or approval with respect to the Corporation under any other Act of Parliament or any regulation made under it. R.S., c. F-7
Federal Courts Act 1990, c. 8, s. 8; 2012, c. 19, s. 110
102 Paragraphs 28(1)(f) and (g) of the Federal Courts Act are replaced by the following: (f) the Canadian Energy Regulator established by the
Canadian Energy Regulator Act; (g) the Governor in Council, when the Governor in
Council makes an order under subsection 186(1) of the Canadian Energy Regulator Act; R.S., c. F-11
Financial Administration Act SOR/95-594, s. 1
103 Schedule I.1 to the Financial Administration Act is amended by striking out, in column I, the reference to Canadian Environmental Assessment Agency Agence canadienne d’évaluation environnementale
and the corresponding reference in column II to ‘‘Minister of the Environment’’. 1992, c. 1, s. 72
104 Schedule I.1 to the Act is amended by striking out, in column I, the reference to National Energy Board Office national de l’énergie
and the corresponding reference in column II to the “Minister of Natural Resources”. 105 Schedule I.1 to the Act is amended by adding, in alphabetical order in column I, a reference to Impact Assessment Agency of Canada Agence canadienne d’évaluation d’impact
and a corresponding reference in column II to ‘‘Minister of the Environment’’.
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106 Schedule II to the Act is amended by adding the following, in alphabetical order:
Canadian Energy Regulator Régie canadienne de l’énergie 2003, c. 22, s. 11
107 Schedule IV to the Act is amended by striking out the following: Canadian Environmental Assessment Agency Agence canadienne d’évaluation environnementale 108 Schedule IV to the Act is amended by adding
the following in alphabetical order: Impact Assessment Agency of Canada Agence canadienne d’évaluation d’impact 2003, c. 22, s. 11
109 Schedule V to the Act is amended by striking
out the following: National Energy Board Office national de l’énergie 110 Schedule V to the Act is amended by adding
the following, in alphabetical order: Canadian Energy Regulator Régie canadienne de l’énergie 2006, c. 9, s. 270
111 Part II of Schedule VI to the Act is amended
by striking out, in column I, the reference to Canadian Environmental Assessment Agency Agence canadienne d’évaluation environnementale and the corresponding reference in column II to ‘‘President’’. 112 Part II of Schedule VI to the Act is amended
by adding, in alphabetical order in column I, a reference to Impact Assessment Agency of Canada Agence canadienne d’évaluation d’impact and a corresponding reference in column II to “President”.
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2006, c. 9, s. 270
113 Part III of Schedule VI to the Act is amended
by striking out, in column I, the reference to National Energy Board Office national de l’énergie and the corresponding reference in column II to “Chairperson”. 114 Part III of Schedule VI to the Act is amended
by adding the following, in alphabetical order, in column I: Canadian Energy Regulator Régie canadienne de l’énergie and a corresponding reference in column II to the “Chief Executive Officer”.
R.S., c. L-2
Canada Labour Code 115 Subparagraph 157(3)(b)(ii) of the Canada Labour Code is amended by replacing “National Energy Board” with “Canadian Energy Regulator”. R.S., c. N-26
Northern Pipeline Act 116 (1) The definition Board in subsection 2(1) of
the Northern Pipeline Act is repealed.
2002, c.7, s. 212(E)
(2) The definitions Agreement, designated officer
and Hearing in subsection 2(1) of the Act are replaced by the following: Agreement means the Agreement between Canada and the United States dated September 20, 1977, set out in Schedule I, and includes any exchange of notes between Canada and the United States amending Annex III of the Agreement to give effect to a report of the National Energy Board, dated February 17, 1978, in which the National Energy Board indicated it would include in its decision approving, under this Act, pipeline specifications, a requirement for a 56 inch diameter pipe with a maximum allowable operating pressure of 1,080 psi for that portion of the pipeline between Whitehorse, Yukon and Caroline, Alberta; (Accord) designated officer means the commissioner of the Regulator who is designated under subsection 6(2) as
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Administrator or under subsection 6(4) as a deputy to the Administrator; (fonctionnaire désigné) Hearing means the hearings before the National Energy Board in respect of applications for certificates of public convenience and necessity for the construction and operation of certain natural gas pipelines that resulted in a publication of the National Energy Board under date of June, 1977 in three volumes entitled “Reasons for Decision, Northern Pipelines”; (Audience) (3) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:
Regulator means the Canadian Energy Regulator established under the Canadian Energy Regulator Act. (Régie) (4) Section 2 of the Act is amended by adding the following after subsection (2):
Deeming (3) For the purposes of the Agreement set out in Schedule I to this Act, the Regulator is deemed to be the National Energy Board. 117 (1) Paragraph 6(2)(b) of the Act is replaced by the following: (b) designate one of the commissioners of the Regulator to be the Administrator of the Agency. (2) Subsections 6(4) and (5) of the Act are replaced by the following: Deputy to the Administrator (4) If the Governor in Council does not designate a commissioner of the Regulator to be the Administrator, the Governor in Council may, by order, designate one of the commissioners of the Regulator to be a deputy to the Administrator.
Non-application (5) Paragraph 29(c) of the Canadian Energy Regulator
Act does not apply to the commissioner of the Regulator designated as Administrator or as a deputy to the Administrator. 2012. c. 19, s, 112
118 Sections 7 and 8 of the Act are replaced by
the following:
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Designated officer‘s powers 7 (1) The designated officer may, in respect of the
pipeline, exercise any of the powers, and perform any of the duties or functions, of the Regulator under the Canadian Energy Regulator Act — except those referred to in sections 80 to 86, 92 and 95 to 98, subsection 99(2), section 100, subsections 101(3), 102(3) and 103(2) to (4), sections 109 to 112, 115 to 173 and 181, subsections 183(1), (2), (4) to (6) and (8) to (11), sections 184, 186, 187, 195 to 197, 213, 214, 225 to 240, subsections 241(1) and (4), section 245 and Parts 7 and 9 of that Act — that may be delegated to him or her by order of the Regulator. Certification of documents (2) The designated officer may, in respect of the pipeline, certify copies of (a) the approved plan, profile and book of reference
for the purpose of paragraph 198(d) of the Canadian Energy Regulator Act; and (b) any permit issued under subsection 208(2) of that Act.
Regulator — substitute commissioner 8 If a commissioner of the Regulator is designated to be the Administrator or a deputy to the Administrator, the Governor in Council may appoint, on any terms and conditions that the Governor in Council may prescribe, a temporary substitute commissioner of the Regulator in place of that commissioner of the Regulator. 119 Subsections 9(2) and (3) of the Act are replaced by the following:
Acting designated officer (2) If the designated officer is absent or incapacitated, the Governor in Council may designate another commissioner of the Regulator to act as the Administrator or as a deputy to the Administrator, as the case may be, and the person so designated has all the powers, duties and functions of the Administrator or that deputy including the powers, duties and functions of the Regulator that were delegated to the Administrator or that deputy, unless the Governor in Council specifies otherwise.
Non-application (3) Paragraph 29(c) of the Canadian Energy Regulator
Act does not apply to a commissioner of the Regulator designated under subsection (2). 120 Section 20 of the Act and the heading before
it are replaced by the following:
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Canadian Energy Regulator Directions to the Regulator 20 (1) The Governor in Council may, by order, in respect of the pipeline, give directions to the Regulator respecting the exercise of the powers of the Regulator under, or the performance of the duties and functions imposed on the Regulator by, the Canadian Energy Regulator Act and this Act and the Regulator must comply with those directions. Directions to designated officer (2) The Governor in Council may, by order, in respect of the pipeline, give directions to the designated officer respecting the exercise of the powers and the performance of the duties and functions of the Regulator delegated to him or her by the Regulator under section 7 or imposed on him or her by this Act and the designated officer must comply with those directions. 121 Section 31 of the Act is replaced by the following: Application 31 (1) Sections 225 to 240 of the Canadian Energy Regulator Act, as modified by this Part, apply to every company and if there is any conflict between this Part and the Canadian Energy Regulator Act, this Part prevails.
Single tariff (2) If, in the opinion of the Commission of the Regulator,
it is desirable that a single tariff be established in Canada in respect of the pipeline, the Commission of the Regulator may, on application of Foothills Pipe Lines (Yukon) Ltd. or on its own motion, by order, require Foothills Pipe Lines (Yukon) Ltd. to file such a tariff and, if the Commission of the Regulator does so, Foothills Pipe Lines (Yukon) Ltd. is deemed to be a company for the purposes of this Part and sections 225 to 240 of the Canadian Energy Regulator Act and every other company is relieved from any obligation to file a tariff until the Commission of the Regulator rescinds that order. 122 Section 35 of the Act is amended by replacing “Board” with “Regulator”. 123 Subsection 40(2) of the English version of the
Act is amended by replacing “Board” with “Commission of the Regulator”.
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124 The Act is amended by replacing “Board”
with “Commission of the Regulator” in the following provisions: (a) subsections 21(4) and (6); (b) section 24; (c) paragraph 26(1)(b); (d) sections 32 and 33; (e) the portion of section 34 before paragraph (a); (f) subsections 37(3) and (4); (g) paragraph 38(1)(b); (h) section 39; and (i) subsection 40(1). R.S., c. O-7
Canada Oil and Gas Operations Act 1994, c. 10, s. 1
125 Section 3.1 of the Canada Oil and Gas Operations Act is replaced by the following:
Designation 3.1 The Chief Executive Officer of the Canadian Energy Regulator may, for the purposes of this Act, designate an employee of the Canadian Energy Regulator to be the Chief Safety Officer and the same or another employee of that Regulator to be the Chief Conservation Officer.
1994, c. 10, s. 3
126 Subsection 5(6) of the Act is replaced by the
following: Variation (6) The Commission of the Canadian Energy Regulator may vary the conditions of an operating licence or authorization under section 383 of the Canadian Energy Regulator Act. 2015, c. 4, s. 7
127 Subsection 5.001(3) of the Act is replaced by
the following:
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Impact assessment (3) If the application for an authorization is in respect of
a designated project, as defined in section 2 of the Impact Assessment Act, for which an impact assessment is required under that Act, the Minister of the Environment must issue the decision statement referred to in section 65 of that Act in respect of the designated project. 2015, c. 4. s. 7
128 Section 5.002 of the Act is replaced by the following:
Participant funding program 5.002 The Canadian Energy Regulator may establish a participant funding program to facilitate the participation of the public in the impact assessment, as defined in section 2 of the Impact Assessment Act, of any designated project, as defined in that section, if (a) the Canadian Energy Regulator has responsibilities for the project under that Act; (b) the project includes physical activities that are designated by regulations made under paragraph 112(1)(e) of that Act or that are part of a class of activities designated by those regulations; and (c) the project is the subject of an application for an
authorization under subsection 5(1) of this Act.
2007, c. 35, s. 149
129 The portion of section 5.32 of the Act before paragraph (b) is replaced by the following:
Mandatory orders 5.32 The Commission of the Canadian Energy Regulator
may (a) order and require any person to do, without delay, or within or at any specified time and in any manner set by the Canadian Energy Regulator, any act, matter or thing that the person is or may be required to do under this Act, any regulation, order or direction made under this Act or an operating licence or authorization issued under section 5; and 2015, c. 4, s. 7
130 The portion of paragraph 5.34(b) of the Act
before subparagraph (i) is replaced by the following:
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(b) the information is financial, commercial, scientific
or technical information that is confidential information supplied to the Canadian Energy Regulator and
1992, c. 35, s. 12; 2014, c. 13, s. 102
131 Section 5.4 of the Act is replaced by the following: Council established 5.4 (1) There is established a council, to be known as
the Oil and Gas Administration Advisory Council, consisting of the following six members, namely, the Chairperson of the Canada-Nova Scotia Offshore Petroleum Board, the Chairperson of the Canada–Newfoundland and Labrador Offshore Petroleum Board, the Chairperson of the board of directors of the Canadian Energy Regulator, a person designated jointly by the federal Ministers, a person designated by one of the Provincial Ministers and a person designated by the other Provincial Minister. Duty of Council (2) The Council shall promote consistency and improvement in the administration of the regulatory regime in force under this Act and Part III of the Accord Acts and provide advice respecting those matters to the federal Ministers, the Provincial Ministers, the Canadian Energy Regulator and the Boards referred to in subsection (1). 1992, c. 35, s. 12
132 Subsection 5.5(2) of the Act is replaced by the
following: Purpose (2) The Board shall inquire as to existing training standards and, if necessary, develop or encourage the development of training standards and shall recommend the adoption of training standards to the federal and Provincial Ministers, to the Canadian Energy Regulator and to the Boards referred to in subsection 5.4(1).
2007, c. 35, s. 150
133 Subsections 13.13(1) and (2) of the Act are replaced by the following:
Contracts limiting liability 13.13 (1) Except as provided in this section, no contract, condition or notice made or given by a holder
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limiting its liability in respect of the transmission of oil, gas or any substance, including water, incidental to the drilling for or production of oil or gas relieves the holder from its liability, unless that class of contract, condition or notice is included as a term or condition of its tariffs as filed or has been first authorized or approved by order of the Commission of the Canadian Energy Regulator.
Commission may determine limits (2) The Commission of the Canadian Energy Regulator may determine the extent to which the liability of a holder may be impaired, restricted or limited as provided in this section. 1994, c. 10, s. 8
134 Sections 21 and 22 of the Act are replaced by
the following: Appeal 21 A person aggrieved by an order of the Chief Conservation Officer under section 17 or 19 after an investigation under subsection 19(2) or (3) may appeal to the Commission of the Canadian Energy Regulator to have the order reviewed under section 384 of the Canadian Energy Regulator Act. Waste occuring 22 When the Chief Conservation Officer, on reasonable
grounds, is of the opinion that waste, as defined in paragraph 18(2)(f) or (g), is occurring in the recovery of oil or gas from a pool, that Officer may apply to the Commission of the Canadian Energy Regulator for an order under section 385 of the Canadian Energy Regulator Act requiring the operators within the pool to show cause why the Commission should not make a direction in respect of the waste. 1994, c. 10, s. 9
135 Subsections 25(8) and (9) of the Act are replaced by the following:
Appeal (8) A person aggrieved by any action or measure taken or authorized or directed to be taken under subsections (4) to (6) may appeal to the Commission of the Canadian Energy Regulator to have the order reviewed under section 384 of the Canadian Energy Regulator Act.
Personal liability (9) No person required, directed or authorized to act under this section or section 384 of the Canadian Energy Regulator Act is personally liable, either civilly or
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criminally, in respect of any act or omission in the course of complying with this section unless it is shown that the person did not act reasonably in the circumstances. 2015, c. 4, s. 24
136 Subsection 48.13(1) of the Act is replaced by
the following: Notice from Canadian Energy Regulator 48.13 (1) If the Canadian Energy Regulator receives a notice from a regulator indicating the regulator’s determination as to whether a pool exists in an area adjoining the perimeter and, if applicable, whether there is reason to believe the pool extends into the perimeter, the Commission of the Canadian Energy Regulator shall, within 90 days after the day on which the notice is received, inform the regulator of its agreement or disagreement with the content of the notice.
1994, c. 10, s. 11
137 Section 53 of the Act is replaced by the following: Officers 53 The Chief Executive Officer of the Canadian Energy
Regulator designates the safety officers and conservation officers necessary for the administration and enforcement of this Act and the regulations from among the employees of the Canadian Energy Regulator. 1992, c. 35, s. 29; 1994, c. 10, s. 15
138 Section 55 of the Act is replaced by the following: Certificate 55 The Chief Executive Officer of the Canadian Energy
Regulator must provide every safety officer and conservation officer and the Chief Safety Officer and the Chief Conservation Officer with a certificate of appointment or designation and, on entering any place under this Act, the officer must, upon request, produce the certificate to the person in charge of the place. 1994, c. 10, s. 12(2); 2015, c. 21, s. 46(4)(E)
139 Subsections 58(5) and (6) of the Act are replaced by the following: Referral for review (5) A person carrying out an operation to which an order
made under subsection (1) refers, or any person having a pecuniary interest in that operation, may, by notice in writing, request the Chief Safety Officer or the Chief
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Conservation Officer, as the case may be, to refer the order to the Commission of the Canadian Energy Regulator for a review of the need for the order under section 386 of the Canadian Energy Regulator Act and, on receiving the notice, that Chief Officer must refer the order accordingly. Prohibition (6) A person is prohibited from continuing an operation
in respect of which an order has been made under this section, except in accordance with the terms of the order or until the order has been set aside by the Commission of the Canadian Energy Regulator under section 386 of the Canadian Energy Regulator Act. 1994, c, 10, s. 14
140 Section 63 of the Act is replaced by the following: Presumption against waste 63 A person does not commit an offence under subsection 18(1) by reason of committing waste as defined in paragraph 18(2)(f) or (g) unless the person has been ordered by the Commission of the Canadian Energy Regulator under section 385 of the Canadian Energy Regulator Act to take measures to prevent the waste and has failed to comply. 141 Subsection 65(4) of the English version of the
Act is amended by replacing “National Energy Board” with “Canadian Energy Regulator”. 142 (1) The Act is amended by replacing “National Energy Board” and “Board” with “Canadian Energy Regulator” and “Regulator”, respectively, in the following provisions: (a) paragraph 4.2(1)(a) and the portion of paragraph 4.2(1)(b) before subparagraph (i); (b) paragraph 5(4)(c); (c) subsection 5.1(2); (d) subsection 5.3(1); (e) section 5.37; (f) sections 13.03 and 13.04; (g) subsection 48.18(1); (h) subsection 58(2); and (i) subsection 65(3).
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(2) The Act is amended by replacing “National Energy Board” and “Board” with “Commission of the Canadian Energy Regulator” and “Commission”, respectively, in the following provisions: (a) the definitions abandoned pipeline and straddling resource in section 2; (b) section 3.2; (c) the portion of subsection 4.01(1) before paragraph (a) and subsections 4.01(2.1) and (2.2); (d) section 4.1; (e) the portion of subsection 5(1) before paragraph (a), subsection 5(3), the portion of subsection 5(4) before paragraph (a) and the portion of subsection 5(5) before paragraph (a); (f) subsections 5.001(1), (4) and (5); (g) section 5.012; (h) sections 5.02 to 5.03; (i) subsections 5.1(1), (4), (5), (6.1), (6.3), (6.4) and (8) to (11); (j) the portion of subsection 5.11(1) before paragraph (a), the portion of subsection 5.11(2) before paragraph (a) and subsections 5.11(3) and (4); (k) subsection 5.12(1), paragraphs 5.12(3)(b) and (4)(a) and subsection 51.2(7); (l) section 5.31 and the heading before it; (m) sections 5.331 and 5.34; (n) the portion of section 5.35 before paragraph
(a); (o) sections 5.351 and 5.36; (p) section 13.02 and the heading before it; (q) sections 13.06 to 13.09; (r) subsections 13.12(2); (s) subsection 13.13(3); (t) sections 13.14 and 13.15; (u) paragraphs 14(1)(c) and (h.2);
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(v) section 15.1; (w) subsection 18(1); (x) subsections 26.1(1) to (3) and (5); (y) subsections 27(1), (1.2), (2) and (3); (z) subsection 27.1(1); (z.1) the definition transboundary in section 29; (z.2) section 48.02; (z.3) subsection 48.05; (z.4) subsections 48.11 and 48.12; (z.5) subsection 48.13(2); (z.6) section 48.14; (z.7) paragraph 60(1)(d); (z.8) paragraphs 65(1)(c) to (e); (z.9) the portion of subsection 65.1(1) before
paragraph (a); (z.10) the portion of section 71.02 before paragraph (a); (z.11) sections 71.2 to 71.5; (z.12) subsection 72(1); and (z.13) section 72.02. R.S., c. P-21
Privacy Act 1992, c. 37, s. 78
143 The schedule to the Privacy Act is amended
by striking out the following under the heading “Other Government Institutions”: Canadian Environmental Assessment Agency Agence canadienne d’évaluation environnementale National Energy Board Office national de l’énergie 144 The schedule to the Act is amended by adding the following, in alphabetical order, under the heading “Other Government Institutions”:
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Canadian Energy Regulator Régie canadienne de l’énergie Impact Assessment Agency of Canada Agence canadienne d’évaluation d’impact R.S., c. P-36
Public Service Superannuation Act 1992, c. 37, s. 80
145 Part I of Schedule I to the Public Service Superannuation Act is amended by striking out the following: Canadian Environmental Assessment Agency Agence canadienne d’évaluation environnementale 146 Part I of Schedule I to the Act is amended by adding the following in alphabetical order:
Impact Assessment Agency of Canada Agence canadienne d’évaluation d’impact R.S., c. 36 (2nd Supp.)
Canada Petroleum Resources Act 1994, c. 10, s. 16(3)
147 Subsection 28(7) of the Canada Petroleum
Resources Act is replaced by the following: Procedures (7) The procedures described in section 382 of the Canadian Energy Regulator Act apply to the making, amendment and revocation of a declaration under this section. 1994, c. 10, s. 17(2)
148 Subsection 35(4) of the Act is replaced by the following:
Procedures (4) The procedures described in section 382 of the Canadian Energy Regulator Act apply to the making, amendment or revocation of a declaration under this section. 1994, c. 10, s. 18; 2007, c. 35, s. 151
149 (1) Subsections 101(2) to (3) of the Act are replaced by the following: Privileged information or documentation (2) Subject to this section, information or documentation
is privileged if it is provided for the purposes of this Act or the Canada Oil and Gas Operations Act, other than Part 0.1 of that Act, or any regulation made under either Act, or for the purposes of Part 8 of the Canadian Energy
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Regulator Act, whether or not the information or documentation is required to be provided. Disclosure (2.1) Subject to this section, information or documentation that is privileged under subsection (2) shall not knowingly be disclosed without the consent in writing of the person who provided it, except for the purposes of the administration or enforcement of this Act, the Canada Oil and Gas Operations Act or Part 8 of the Canadian Energy Regulator Act or for the purposes of legal proceedings relating to its administration or enforcement. Production and evidence (3) No person shall be required to produce or give evidence relating to any information or documentation that is privileged under subsection (2) in connection with any legal proceedings, other than proceedings relating to the administration or enforcement of this Act, the Oil and Gas Production and Conservation Act or Part 8 of the Canadian Energy Regulator Act. 2015, c. 4, s. 34(8)
(2) The portion of subsection 101(10) of the Act
before paragraph (a) is replaced by the following: Safety or environmental protection (10) Subject to section 101.1, the Commission of the Canadian Energy Regulator or a person designated under section 4.1 of the Canada Oil and Gas Operations Act may disclose all or part of any information or documentation related to safety or environmental protection that is provided in relation to an application for an operating licence or authorization under subsection 5(1) of the Canada Oil and Gas Operations Act or to an operating licence or authorization that is issued under that subsection or provided in accordance with any regulation made under that Act. The Commission or person is not, however, permitted to disclose information or documentation if they are satisfied that 2015, c. 4, s. 35
150 (1) Subsection 101.1(1) of the Act is replaced by the following:
Notice — subsection 101(10) 101.1 (1) If the Commission of the Canadian Energy
Regulator or the person designated under section 4.1 of the Canada Oil and Gas Operations Act intends to disclose any information or documentation under subsection 101(10), they shall make every reasonable effort to
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give the person who provided it written notice of their intention to disclose it. 2015, c. 4, s. 35
(2) Paragraph 101.1(3)(a) of the Act is replaced by
the following: (a) a statement that the Commission of the Canadian Energy Regulator or the person designated under section 4.1 of the Canada Oil and Gas Operations Act intends to disclose information or documentation under subsection 101(10); 2015, c. 4, s. 35
(3) Paragraph 101.1(3)(c) of the Act is replaced by
the following: (c) a statement that the person may, within 20 days
after the day on which the notice is given, make written representations to the Commission or the person as to why the information or documentation, or a portion of it, should not be disclosed. 2015, c. 4, s. 35
(4) The portion of subsection 101.1(4) of the Act before paragraph (a) is replaced by the following:
Representations (4) If a notice is given to a person under subsection (1), the Commission of the Canadian Energy Regulator or the person designated under section 4.1 of the Canada Oil and Gas Operations Act shall
2015, c. 4, s. 35
(5) Paragraph 101.1(4)(a) of the English version of
the Act is replaced by the following: (a) give the person the opportunity to make, within 20
days after the day on which the notice is given, written representations to the the Commission or the person as to why the information or documentation, or a portion of it, should not be disclosed; and 2015, c. 4, s. 35
(6) Paragraph 101.1(5)(b) of the Act is replaced by
the following: (b) a statement that if no review is requested under subsection (7) within 20 days after the notice is given, the Commission of the Canadian Energy Regulator or the person designated under section 4.1 of the Canada Oil and Gas Operations Act must disclose the information or documentation.
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2015, c. 4, s. 35
(7) Subsection 101.1(6) of the Act is replaced by
the following: Disclosure of information or documentation (6) If, under paragraph (4)(b), the Commission of the
Canadian Energy Regulator or the person designated under section 4.1 of the Canada Oil and Gas Operations Act decides to disclose the information or documentation, the Commission or the person must disclose it on the expiry of 20 days after a notice is given under that paragraph, unless a review of the decision is requested under subsection (7). 2015, c. 4, s. 35
(8) Subsection 101.1(7) of the English version of
the Act is replaced by the following: Review (7) Any person to whom the Commission of the Canadian Energy Regulator or the person designated under section 4.1 of the Canada Oil and Gas Operations Act is required under paragraph (4)(b) to give a notice of a decision to disclose information or documentation may, within 20 days after day on which the notice is given, apply to the Federal Court for a review of the decision. 2015, c. 4, s. 36(1)
151 Paragraphs 107(1)(c.1) and (c.2) of the Act
are replaced by the following: (c.1) respecting the fees or charges, or the method of calculating the fees or charges, to be paid for the provision, by the Commission of the Canadian Energy Regulator, the person designated under section 4.1 of the Canada Oil and Gas Operations Act or the Minister, of a service or a product under this Act; (c.2) respecting the fees or charges, or the method of calculating the fees or charges, to be paid by a holder of an interest or a share in an interest in respect of any of activities under or related to this Act that are carried out by the Commission of the Canadian Energy Regulator, the person designated under section 4.1 of the Canada Oil and Gas Operations Act or the Minister; 152 (1) The Act is amended by replacing “National Energy Board” and “Board” with “Canadian Energy Regulator” and “Regulator”, respectively, in subsections 101(6.1) to (6.3). (2) The Act is amended by replacing “National
Energy Board” and “Board” with “Commission of the Canadian Energy Regulator” and
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“Commission”, respectively, in subsections 28(1), (2), (4) and (8), 33(1), 35(1), (2) and (5) and 36(1).
1988, c.28
Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act 153 Paragraph 33(1)(a) of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act is replaced by the following:
(a) before the expiration of 30 days after receipt by
both Ministers of a notice of the fundamental decision under subsection 32(1) and any further period during which the implementation of the decision is suspended under section 34 or during which, under section 35, the decision may be set aside, the setting aside may be overruled or a determination may be made by the Commission of the Canadian Energy Regulator; or
154 (1) The portion of subsection 35(4) of the Act
before paragraph (a) is replaced by the following: Commission of the Canadian Energy Regulator (4) Despite subsection (2), if the Provincial Minister disagrees with the setting aside or overruling by the Federal Minister in respect of a fundamental decision under subsection (2), the Commission of the Canadian Energy Regulator must, on application made by the Provincial Minister within the time and in the manner that may be prescribed,
(2) Subsection 35(5) of the Act is replaced by the following:
Procedures for determination (5) A determination of the Commission of the Canadian
Energy Regulator made under subsection (4), (a) despite the Canadian Energy Regulator Act, must
be made within the time and in the manner that may be prescribed;
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(b) is final and binding and is not subject to appeal to,
or review or setting aside by, any Minister, government, court or other body; and (c) must be published without delay by the Regulator. 155 The Act is amended by replacing “National Energy Board” with “Canadian Energy Regulator” in subsection 35(6). 156 Subsection 40(2) of the Act is replaced by the
following: Certificate (2) No certificate shall be issued under Part 3 of the
Canadian Energy Regulator Act in respect of a Nova Scotia trunkline, unless the Commission of the Canadian Energy Regulator is satisfied that the Government of Nova Scotia has been given a reasonable opportunity to acquire on a commercial basis at least 50%, or any lesser percentage that the Government proposes to acquire as a result of the opportunity, ownership interest in the trunkline. 1989, c. 3
Canadian Transportation Accident Investigation and Safety Board Act
157 The schedule to the Canadian Transportation Accident Investigation and Safety Board Act is amended by striking out the following:
National Energy Board Office national de l’énergie 158 The schedule to the Act is amended by adding the following, in alphabetical order:
Canadian Energy Regulator Régie canadienne de l’énergie 1990, c. 41
Hibernia Development Project Act 2014, c. 13, subpar. 115(e)(i)
159 Paragraph 3(2)(e) of the Hibernia Development Project Act is amended by replacing “National Energy Board Act” with “Canadian Energy Regulator Act”.
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1991, c. 30
Public Sector Compensation Act 160 Schedule I to the Public Sector Compensation Act is amended by striking out the following under the heading “Other Portions of the Public Service”: National Energy Board Office national de l’énergie 161 Schedule I to the Act is amended by adding the following, in alphabetical order, under the heading “Other Portions of the Public Service”:
Canadian Energy Regulator Régie canadienne de l’énergie 1992, c. 34
Transportation of Dangerous Goods Act, 1992 2009, c. 9, s. 3
162 Paragraph 3(4)(b) of the Transportation of
Dangerous Goods Act, 1992 is amended by replacing “National Energy Board Act” with “Canadian Energy Regulator Act”. 1994, c. 43
Yukon Surface Rights Board Act 163 Section 55 of the Yukon Surface Rights
Board Act is amended by replacing “National Energy Board Act” with “Canadian Energy Regulator Act”. 1998, c. 25
Mackenzie Valley Resource Management Act 2014, c. 2, s. 115(1)
164 Paragraph 5.2(1)(j) of the Mackenzie Valley Resource Management Act is replaced by the following: (j) a joint panel established under subsection 140(2) or paragraph 141(2)(b) or (3)(a) or a review panel referred to in subsection 40(2) of the Impact Assessment Act; and
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2014, c. 2, s. 217
165 Section 137.3 of the Act is replaced by the following: Consultation 137.3 Before making a decision under subsection 135(1), 137(1) or 137.1(1) in respect of a proposal for a development that, as determined by the Review Board, is to be carried out partly outside the Mackenzie Valley, the person or body making the decision shall take into consideration any report in respect of the proposal that is submitted by a review panel established under the Impact Assessment Act and shall consult the Impact Assessment Agency of Canada. 2014, c. 2, s. 219(1)
166 (1) The portion of subsection 138(1) of the Act before paragraph (a) is replaced by the following:
Report by review panel — national interest referral 138 (1) Within 15 months after the day on which a review panel that is the subject of an agreement entered into under subsection (3) or 138.1(1) is established under subsection 40(2) of the Impact Assessment Act in respect of a proposal for a development that was referred under paragraph 130(1)(c) of this Act, the review panel shall, in addition to satisfying the requirements of paragraph 51(1)(e) of that Act, submit the report of its recommendations to 2014, c. 2, s. 219(4)
(2) Subsection 138(3) of the Act is replaced by the following:
Referral — paragraph 130(1)(c) (3) If a proposal for a development, other than a proposal to which section 138.1 applies, is referred to the Minister of the Environment under paragraph 130(1)(c), the Review Board shall, within three months after the day on which the proposal was referred to that Minister, enter into an agreement with him or her for the purpose of jointly establishing a review panel and prescribing the manner of its examination of the development’s impact on the environment in accordance with subsection 40(2) of the Impact Assessment Act. 2014, c. 2, s. 220
167 Subsection 138.1(1) of the Act is replaced by
the following: Agreement — national interest referral 138.1 (1) If a proposal for a development that, as determined by the Review Board, is to be carried out partly
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outside the Mackenzie Valley and either is to be carried out partly in Wekeezhii or might have an impact on the environment in Wekeezhii is referred to the Minister of the Environment under paragraph 130(1)(c), then the Review Board shall enter into an agreement with the Minister of the Environment for the purpose of jointly establishing a review panel and prescribing the manner of its examination of the development’s impact on the environment in accordance with subsection 40(2) of the Impact Assessment Act. 2014, c. 2, s. 223(1)
168 (1) Paragraph 141(2)(a) of the Act is replaced by the following: (a) enter into an agreement with the Minister of the
Environment in accordance with subsection 39(1) of the Impact Assessment Act to provide for an examination by a review panel, if that Act applies in respect of the development in the region or province referred to in subsection (1); and 2014, c. 2, s. 223(3)
(2) Paragraph 141(3)(b) of the Act is replaced by the following: (b) with the Minister of the Environment if that Minister is authorized under subsection 39(1) of the Impact Assessment Act to enter into such an agreement.
2014, c. 2, s. 226(4)
169 Subsection 143(3) of the Act is replaced by
the following: Exemptions (3) No development is to be exempted for a reason set
out in paragraph 124(1)(b) if it is a designated project or belongs to a class of designated projects, within the meaning of the Impact Assessment Act, by virtue of regulations made under paragraph 109(1)(b) of that Act. 170 The schedule to the Act is amended by striking out the following: National Energy Board Office national de l’énergie 171 The schedule to the Act is amended by
adding the following, in alphabetical order: Canadian Energy Regulator Régie canadienne de l’énergie
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2002, c. 7
Yukon Act 172 Subsection 76(1) of the Yukon Act is amended by replacing “National Energy Board” with “Canadian Energy Regulator”.
2002, c. 10
Nunavut Waters and Nunavut Surface Rights Tribunal Act 173 Subsection 77(10) of the Nunavut Waters and Nunavut Surface Rights Tribunal Act is replaced by the following:
Duties of registrars (10) The provisions of section 210 of the Canadian Energy Regulator Act relating to plans, profiles and books of reference deposited with land registrars under that Act and the duties of land registrars with respect to those plans, profiles and books, in so far as they are reasonably applicable and not inconsistent with this Part, apply in respect of copies of documents deposited under subsection (9). 2002, c. 29
Species at Risk Act 2012, c. 19, s. 165
174 Subsection 77(1.1) of the Species at Risk Act is repealed. 2012, c. 19, s. 59(1)
175 (1) Subsection 79(1) of the Act is replaced by the following:
Notification of Minister 79 (1) Every person who is required by or under an Act
of Parliament to ensure that an assessment of the environmental effects of a project is conducted, and every authority who makes a determination under paragraph 82(a) or (b) of the Impact Assessment Act in relation to a project, must, without delay, notify the competent minister or ministers in writing of the project if it is likely to affect a listed wildlife species or its critical habitat. 2012, c. 19, s. 59(2)
(2) The definition person in subsection 79(3) of
the Act is replaced by the following: person includes an association, an organization, a federal authority as defined in section 2 of the Impact
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Assessment Act, and any body that is set out in Schedule 4 to that Act. (personne)
2012, c. 19, s. 59(2)
(3) Paragraph (a) of the definition project in subsection 79(3) of the Act is replaced by the following:
project means (a) a designated project as defined in section 2 of the
Impact Assessment Act or a project as defined in section 81 of that Act; 2003, c. 7
Yukon Environmental and Socioeconomic Assessment Act 176 Section 87 of the Yukon Environmental and
Socio-economic Assessment Act is replaced by the following: Federal independent regulatory agencies 87 (1) A federal independent regulatory agency must
not require that a project be undertaken or take any action that enables a project to be undertaken until every federal decision body for the project and, in the case of the Canadian Energy Regulator, the territorial minister has issued a decision document in respect of the project under section 75, 76 or 77. Conformity with decision document (2) A federal independent regulatory agency, other than the Canadian Energy Regulator, must (a) when it requires that a project be undertaken or takes any action that enables a project to be undertaken, endeavour to the extent practicable to implement any decision document issued by a federal decision body; and (b) when it issues an authorization that enables a project to be undertaken, endeavour to the extent practicable to make the authorization conform with any decision document issued by a federal decision body, and provide written reasons to that decision body for any want of conformity.
Commission of the Canadian Energy Regulator (3) The Commission of the Canadian Energy Regulator must
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(a) when it requires that a project be undertaken, take into consideration any decision document issued by a federal decision body or the territorial minister; and (b) when it issues an authorization to enable a project
to be undertaken, take into consideration any decision document issued by a federal decision body or the territorial minister and provide written reasons to the decision body or the minister for any want of conformity. Canadian Energy Regulator (4) The Canadian Energy Regulator must take into consideration any decision document issued by a federal decision body or the territorial minister when it provides financial assistance for a project. 177 Part 1 of the schedule to the Act is amended
by striking out the following under the heading “Federal Independent Regulatory Agencies”: National Energy Board Office national de l’énergie 178 Part 1 of the schedule to the Act is amended
by adding the following, in alphabetical order, under the heading “Federal Independent Regulatory Agencies”: Canadian Energy Regulator Régie canadienne de l’énergie 2005, c. 48
First Nations Oil and Gas and Moneys Management Act 2012, c. 19, s. 61
179 Subsection 2(2) of the First Nations Oil and
Gas and Moneys Management Act is replaced by the following: Expressions in Impact Assessment Act (2) In this Act, environment has the same meaning as in
section 2 of the Impact Assessment Act and environmental effects has the same meaning as in section 81 of that Act.
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2009, c. 14, s. 126
Environmental Violations Administrative Monetary Penalties Act 2012, c. 19, s. 54
180 Subsection 5(3.1) of the Environmental Violations Administrative Monetary Penalties Act is replaced by the following: Restriction — Impact Assessment Act (3.1) With respect to the Impact Assessment Act, only
the following contraventions or failures may be designated under paragraph (1)(a): (a) a contravention under section 7, subsection 122(5),
125(3), 129(1), 135(2) or 141(4) or (5) or section 142 or 143 of that Act; (b) a contravention of a condition established under subsection 64(2) of that Act or added or amended under section 68 of the Act; or (c) a failure to provide to the Minister information required under subsection 72(1) of that Act. 2012, c. 31, s. 179
Bridge To Strengthen Trade Act 181 Section 4 of the Bridge To Strengthen Trade
Act is replaced by the following:
Exemption from Impact Assessment Act 4 (1) Subject to subsection (2), the Impact Assessment
Act does not apply to the bridge, parkway or any related work. Expansion, decommissioning, abandonment (2) The expansion, decommissioning or abandonment of
the bridge, parkway or any related work is a project as defined in section 81 of the Impact Assessment Act and is subject to sections 82 to 91 of that Act. 2013, c. 14, s. 2
Nunavut Planning and Project Assessment Act 182 Schedule 2 to the Nunavut Planning and
Project Assessment Act is amended by striking out the following:
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National Energy Board Office national de l’énergie 183 Schedule 2 to the Act is amended by adding
the following, in alphabetical order: Canadian Energy Regulator Régie canadienne de l’énergie 2014, c. 2
Northwest Territories Devolution Act 184 Subsection 115(2) of the Northwest Territories Devolution Act is amended by replacing the paragraph 5.2(1)(g) that it enacts with the following: (g) a joint panel established under subsection 140(2)
or paragraph 141(2)(b) or (3)(a) or a review panel referred to in subsection 40(2) of the Impact Assessment Act; and 2014, c. 2, s. 2
Northwest Territories Act 185 Subsection 22(2) of the Northwest Territories Act is amended by replacing “National Energy Board” with “Canadian Energy Regulator”.
Terminology Replacement of “Navigation Protection Act” 186 Every reference to the “Navigation Protection Act” is replaced by a reference to the “Canadian Navigable Waters Act” in the following provisions: (a) sections 2 and 5.013 of the Canada Oil and Gas Operations Act; (b) section 5 of the Railway Safety Act; (c) the heading before section 5 of the English
version of the Railway Safety Act; (d) sections 47, 73 and 101 of the Canada Marine Act;
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(e) subsection 2(3) of the Transportation Appeal Tribunal of Canada Act; (f) subsection 16(5) of the Canadian National Marine Conservation Areas Act; (g) section 5 of the Highway 30 Completion Bridges Act; and (h) section 3 of the Bridge to Strengthen Trade Act.
Replacement of “Navigable Waters Protection Act” 187 Every reference to the “Navigable Waters
Protection Act” is replaced by a reference to the “Canadian Navigable Waters Act” in the following provisions: (a) section 6 of the Navigable Waters Bridges Regulations; (b) section 2 of the Navigable Waters Works
Regulations; (c) paragraph 67(a) of the Dominion Water
Power Regulations; (d) section 2 of the Ferry Cable Regulations; (e) in the Port Authorities Operations Regulations: (i) section 3 and the heading before it, (ii) section 21 and the headings before it, and (iii) the heading of schedule 2; (f) in the Seaway Property Regulations: (i) section 3 and the heading before it, and (ii) section 24 and the heading before it; (g) paragraph 4(c) of the Basin Head Marine Protected Area Regulations; (h) paragraph 4(b) of the Gilbert Bay Marine Protected Area Regulations; and (i) paragraph 4(d) of the Musquash Estuary Marine Protected Area Regulations.
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Chapter 28: An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act... PART 4 Consequential and Coordinating Amendments and Coming into Force Terminology Sections 188-190
Replacement of “Canadian Environmental Assessment Act, 2012” 188 Every reference to the “Canadian Environmental Assessment Act, 2012” is replaced by a reference to the “Impact Assessment Act” in the following provisions: (a) in the Mackenzie Valley Resource Management Act: (i) section 116, and (ii) paragraph 130(1)(c); (b) section 6 of the Yukon Environmental and Socio-economic Assessment Act; (c) subsection 63(3) of the First Nations Oil and Gas and Moneys Management Act; (d) paragraph 3(2)(n) of the First Nations
Commercial and Industrial Development Act; (e) in section 2 of the Environmental Violations Administrative Monetary Penalties Act: (i) the definition Environmental Act, and (ii) paragraph (a) of the definition Minister; (f) section 7 of the Nunavut Planning and Project Assessment Act; and (g) paragraph 5(1)(r) of the Safe Drinking Water for First Nations Act.
Coordinating Amendments 2002, c. 7
189 In sections 190 and 191, other Act means the
Yukon Act. 190 (1) If section 210 of the other Act comes into
force before section 10 of this Act, then that section 10 is amended by replacing the subsection 318(1) that it enacts with the following: Consent of Yukon first nation or Governor in Council 318 (1) A company must not, if the Yukon first nation
concerned does not consent to it, take possession of, use
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Chapter 28: An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act... PART 4 Consequential and Coordinating Amendments and Coming into Force Coordinating Amendments Sections 190-191
or occupy settlement land as defined in section 2 of the Yukon First Nations Land Claims Settlement Act or lands identified as such in a self-government agreement as defined in the Yukon First Nations Self-Government Act without the consent of the Governor in Council.
(2) If section 10 of this Act comes into force before section 210 of the other Act, then that section 210 and the heading before it are replaced by the following:
Canadian Energy Regulator Act 210 Subsection 318(1) of the Canadian Energy
Regulator Act is replaced by the following: Consent of Yukon first nation or Governor in Council 318 (1) A company must not, if the Yukon first nation
concerned does not consent to it, take possession of, use or occupy settlement land as defined in section 2 of the Yukon First Nations Land Claims Settlement Act or lands identified as such in a self-government agreement as defined in the Yukon First Nations Self-Government Act without the consent of the Governor in Council.
(3) If section 210 of the other Act and section 10 of
this Act come into force on the same day, then section 210 is deemed to have come into force before that section 10, and subsection (1) applies as a consequence. 191 (1) If section 211 of the other Act comes into
force before section 10 of this Act, that section 10 is amended by replacing the section 328 that it enacts with the following: Regulatory powers regarding settlement land or Tetlit Gwich’in Yukon land 328 The Governor in Council may, by regulation, designate the provisions of the laws of the Legislature of Yukon that apply if the Commission determines a compensation matter involving land referred to in section 318. Those provisions apply to the Commission as if it were the body established under those laws having jurisdiction with respect to surface rights.
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Chapter 28: An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act... PART 4 Consequential and Coordinating Amendments and Coming into Force Coordinating Amendments Sections 191-193
(2) If section 10 of this Act comes into force before section 211 of the other Act, that section 211 is replaced by the following: 211 Section 328 of the Act is replaced by the following: Regulatory powers regarding settlement land or Tetlit Gwich’in Yukon land 328 The Governor in Council may, by regulation, designate the provisions of the laws of the Legislature of Yukon that apply if the Commission determines a compensation matter involving land referred to in section 318. Those provisions apply to the Commission as if it were the body established under those laws having jurisdiction with respect to surface rights. (3) If section 211 of the other Act and section 10 of
this Act come into force on the same day, then section 211 is deemed to have come into force before that section 10, and subsection (1) applies as a consequence. 2014, c. 2
192 (1) In this section, other Act means the
Northwest Territories Devolution Act, chapter 2 of the Statutes of Canada, 2014. (2) If subsection 115(2) of the other Act comes into force before section 1 of this Act, then (a) sections 164 and 184 of this Act are repealed; and (b) on the day on which section 1 of this Act
comes into force, paragraph 5.2(1)(g) of the Mackenzie Valley Resource Management Act is replaced by the following: (g) a joint panel established under subsection 140(2)
or paragraph 141(2)(b) or (3)(a) or a review panel referred to in subsection 40(2) of the Impact Assessment Act; and (3) If subsection 115(2) of the other Act and section 1 of this Act come into force on the same day then that subsection 115(2) is deemed to have come into force before that section 1 and subsection (2) applies as a consequence. 2015, c. 4
193 (1) In this section, other Act means the Energy Safety and Security Act.
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Chapter 28: An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act... PART 4 Consequential and Coordinating Amendments and Coming into Force Coordinating Amendments Sections 193-194
(2) If subsection 142(2) of this Act comes into force before subsection 8(2) of the other Act, then that subsection 8(2) is amended by replacing the section 5.021 that it enacts with the following:
Net environmental benefit 5.021 (1) The Commission of the Canadian Energy Regulator must not permit the use of a spill-treating agent in an authorization issued under paragraph 5(1)(b) unless that Commission determines, taking into account any prescribed factors and any factors the Regulator considers appropriate, that the use of the spill-treating agent is likely to achieve a net environmental benefit. (3) If subsection 142(2) of this Act and subsection
8(2) of the other Act come into force on the same day, then that subsection 8(2) is deemed to have come into force before that subsection 142(2).
Bill C-49
194 (1) Subsections (2) to (4) apply if Bill C-49, introduced in the 1st session of the 42nd Parliament and entitled the Transportation Modernization Act (in this section referred to as the “other Act”), receives royal assent. (2) If section 157 of this Act comes into force before subsection 67(2) of the other Act, then that subsection 67(2) is amended (a) by replacing the subsection (5.1) that it enacts with the following: Power to provide access to certain persons (5.1) In the case of a transportation occurrence that is required to be reported under this Act to the Board and that is investigated under this Act, the Board may make an on-board recording related to the occurrence available to a person who is expressly authorized under the Aeronautics Act, the Canadian Energy Regulator Act, the Railway Safety Act or the Canada Shipping Act, 2001 to use or communicate it and, if the Board does so, the person may only use or communicate it in accordance with the express authorization (b) by replacing the portion of the subsection (5.2) before paragraph (a) that it enacts with the following:
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Chapter 28: An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act... PART 4 Consequential and Coordinating Amendments and Coming into Force Coordinating Amendments Sections 194-195
Authorization under another Act (5.2) Nothing in this section prevents the use or communication of an on-board recording if that use or communication is expressly authorized under the Aeronautics Act, the Canadian Energy Regulator Act, the Railway Safety Act or the Canada Shipping Act, 2001 and
(3) If subsection 67(2) of the other Act comes into force before section 157 of this Act, then, on the day on which that section 157 comes into force, subsections 28(5.1) and (5.2) of the Canadian Transportation Accident Investigation and Safety Board Act are amended by replacing “National Energy Board Act” with “Canadian Energy Regulator Act”. (4) If section 157 of this Act and subsection 67(2) of the other Act come into force on the same day, then that section 157 is deemed to have come into force before that subsection 67(2) and subsection (2) applies as a consequence. Bill C-64
195 (1) Subsections (2) to (9) apply if Bill C-64, introduced in the 1st session of the 42nd Parliament and entitled An Act respecting wrecks, abandoned, dilapidated or hazardous vessels and salvage operations (in this section referred to as the “other Act”), receives Royal Assent.
(2) On the first day on which both section 46 of this Act and subsection 13(1) of the other Act are in force, that subsection 13(1) is amended by replacing “Navigation Protection Act” with “Canadian Navigable Waters Act”. (3) If section 46 of this Act comes into force before section 138 of the other Act, then section 132 of the other Act is renumbered as subsection 132(1) and is amended by adding the following: Section 20 of Canadian Navigable Waters Act (2) A notice given under section 20 of the Canadian Navigable Waters Act before the day on which section 138 comes into force is deemed to have been given under subsection 38(2). (4) On the first day on which both section 46 of this Act and section 134 of the other Act are in force, then subsection 16(5) of the Canadian
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Chapter 28: An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act... PART 4 Consequential and Coordinating Amendments and Coming into Force Coordinating Amendments Section 195
National Marine Conservation Areas Act is replaced by the following: Conflicts (5) Regulations referred to in subsection (2), (3) or (4)
prevail over regulations made under the Fisheries Act, the Coastal Fisheries Protection Act, the Canada Shipping Act, 2001, the Arctic Waters Pollution Prevention Act, the Canadian Navigable Waters Act, the Aeronautics Act or the Wrecked, Abandoned or Hazardous Vessels Act to the extent of any conflict between them.
(5) If section 46 of this Act comes into force before section 137 of the other Act, then that section 137 is replaced by the following: 137 The Canadian Navigable Waters Act is
amended by adding the following before section 15: Non-application 14.2 Sections 15 to 18 do not apply in respect of a wreck
to which Part 1 of the Wrecked, Abandoned or Hazardous Vessels Act applies. (6) If section 137 of the other Act comes into force before section 46 of this Act, then, on the day on which that section 46 comes into force, section 14.2 of the Canadian Navigable Waters Act is replaced by the following:
Non-application 14.2 Sections 15 to 18 do not apply in respect of a wreck
to which Part 1 of the Wrecked, Abandoned or Hazardous Vessels Act applies. (7) If both section 46 of this Act and section 137 of
the other Act come into force on the same day then that section 137 is deemed to have come into force before that section 46 and subsection (6) applies as a consequence. (8) If section 138 of the other Act comes into force before section 55 of this Act, then that section 55 is deemed never to have come into force and is repealed. (9) If both section 138 of the other Act and section
55 of this Act come into force on the same day, then that section 55 is deemed never to have come into force and is repealed.
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Chapter 28: An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act... PART 4 Consequential and Coordinating Amendments and Coming into Force Coordinating Amendments Sections 195-196
(10) If section 74 of this Act comes into force before section 139 of the other Act, then that section 139 is deemed never to have come into force and is repealed. (11) If both section 74 of this Act and section 139 of the other Act come into force on the same day, then that section 139 is deemed never to have come into force and is repealed.
Coming into Force Order in council 196 (1) The provisions of this Act, other than sections 2 to 8, subsection 47(4), sections 55 and 60, subsection 61(5) and sections 62, 74 and 189 to 195, come into force on a day to be fixed by order of the Governor in Council. Order in council (2) Subsections 2(1) and (3), 3(1), 4(1) and 5(1),
section 6 and subsections 8(1) and (3) come into force on a day to be fixed by order of the Governor in Council that is not earlier than one day after the day referred to in subsection (1). Order in council (3) Subsections 2(2) and (4), 3(2), 4(2) and 5(2), section 7 and subsections 8(2) and (4) come into force on a day to be fixed by order of the Governor in Council that is not earlier than one day after the day referred to in subsection (1).
Order in council (4) Section 60 and subsection 61(5) come into
force on a day to be fixed by order of the Governor in Council that is not earlier than one day after the day referred to in subsection (1).
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Chapter 28: An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act... SCHEDULE
SCHEDULE (Section 1)
SCHEDULE 1 (Section 2 and paragraph 109(a))
Federal Authorities 1 Port authority as defined in subsection 2(1) of the Canada Marine Act. 2 Board as defined in section 2 of the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act. 3 Board as defined in section 2 of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act.
SCHEDULE 2 (Sections 4 and 110)
Lands that are Subject to a Land Claim Agreement
SCHEDULE 3 (Section 2, subparagraph 7(1)(a)(iv), paragraph 7(1)(e) and subsection 7(2))
Components of the Environment and Health, Social or Economic Matters PART 1
Components of the Environment PART 2
Health, Social or Economic Matters
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Chapter 28: An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act... SCHEDULE
SCHEDULE 4 (Section 81 and paragraph 109(a))
Bodies 1 Designated airport authority as defined in subsection 2(1) of the Airport Transfer (Miscellaneous Matters) Act.
Published under authority of the Speaker of the House of Commons 2015-2016-2017-2018-2019
Disponible sur le site Web de la Chambre des comm
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First Session, Forty-second Parliament, 64-65-66-67-68 Elizabeth II, 2015-2016-2017-2018-2019
STATUTES OF CANADA 2019
CHAPTER 10
An Act to ensure a barrier-free Canada
ASSENTED TO JUNE 21, 2019 BILL C-81
RECOMMENDATION Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act to ensure a barrier-free Canada”.
SUMMARY This enactment enacts the Accessible Canada Act in order to enhance the full and equal participation of all persons, especially persons with disabilities, in society. This is to be achieved through the realization, within the purview of matters coming within the legislative authority of Parliament, of a Canada without barriers, particularly by the identification, removal and prevention of barriers. Part 1 of the Act establishes the Minister’s mandate, powers, duties and functions. Part 2 of the Act establishes the Canadian Accessibility Standards Development Organization and provides for its mandate and structure and its powers, duties and functions. Part 3 of the Act authorizes the Accessibility Commissioner to provide the Minister with information, advice and written reports in respect of the administration and enforcement of the Act. It also requires the Accessibility Commissioner to submit an annual report on his or her activities under the Act to the Minister for tabling in Parliament. Part 4 of the Act imposes duties on regulated entities that include the duty to prepare accessibility plans and progress reports in consultation with persons with disabilities, the duty to publish those plans and reports and the duty to establish a feedback process and to publish a description of it. Part 5 of the Act provides for the Accessibility Commissioner’s inspection and other powers, including the power to make production orders and compliance orders and the power to impose administrative monetary penalties. Part 6 of the Act provides for a complaints process for, and the awarding of compensation to, individuals that have suffered physical or psychological harm, property damage or economic loss as the result of — or that have otherwise been adversely affected by — the contravention of provisions of the regulations. Part 7 of the Act provides for the appointment of the Chief Accessibility Officer and sets out that officer’s duties and functions, including the duty to advise the Minister in respect of systemic or emerging accessibility issues.
i
Chapter 10: Accessible Canada Act SUMMARY
Part 8 of the Act authorizes the Governor in Council to make regulations, including regulations to establish accessibility standards and to specify the form of accessibility plans and progress reports. It also provides, among other things, for the designation of the week starting on the last Sunday in May as National AccessAbility Week. Part 9 of the Act provides for the application of certain provisions of the Act to parliamentary entities, without limiting the powers, privileges and immunities of the Senate, the House of Commons and the members of those Houses. Parts 10 and 11 of the Act make related and consequential amendments to certain Acts.
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TABLE OF PROVISIONS An Act to ensure a barrier-free Canada Preamble
Short Title 1
Accessible Canada Act
Interpretation 2
Definitions
Her Majesty 3
Binding on Her Majesty
Designation 4
Designation of Minister
Purpose of Act 5
Purpose
5.1
Clarification
5.2
Interpretation
Principles 6
Principles
Application 7
Application
Non-application
Canadian Forces
Royal Canadian Mounted Police
PART 1
Minister’s Powers, Duties and Functions 11
Mandate
Minister’s powers, duties and functions
Policies, programs and projects
Grants and contributions
Information
Coordination with provincial and territorial authorities
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v
Chapter 10: Accessible Canada Act TABLE OF PROVISIONS
PART 2
Canadian Accessibility Standards Development Organization Establishment 17
Canadian Accessibility Standards Development Organization
Mandate 18
Mandate
Powers
Other powers
Powers
Minister 21
Ministerial directions
Board of Directors 22
Establishment and composition
Appointment and tenure
Remuneration and expenses
Benefits
Role of board of directors
By-laws
Advisory and other committees
Chair 29
Role of Chair
Chief Executive Officer 30
Appointment
Role of Chief Executive Officer
Committees
Human Resources 33
Officers and employees
General 34
Recommended standards to be made public
Inventions
Annual Report 36
Duty to submit
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v
Chapter 10: Accessible Canada Act TABLE OF PROVISIONS
PART 3
Accessibility Commissioner 37
Provision of information or advice
Special report
Annual report
Delegation to any person
Immunity
PART 4
Duties of Regulated Entities Regulated Entities That Carry On Broadcasting Undertakings Accessibility Plans — Requirements Under the Broadcasting Act 42
Initial accessibility plan
Establishment of process
Feedback
Progress Reports 44
Obligation
Regulations 45
Regulations
Power to exempt
Exemptions
Accessibility Plans — Regulations Under This Act 47
Initial accessibility plan
Feedback 48
Establishment of process
Progress Reports 49
Obligation
Exemptions 50
Power to exempt
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Chapter 10: Accessible Canada Act TABLE OF PROVISIONS
Regulated Entities That Are Canadian Carriers or Telecommunications Service Providers Accessibility Plans — Requirements Under the Telecommunications Act 51
Initial accessibility plan
Establishment of process
Feedback
Progress Reports 53
Obligation
Regulations 54
Regulations
Power to exempt
Exemptions
Accessibility Plans — Regulations Under this Act 56
Initial accessibility plan
Feedback 57
Establishment of process
Obligation
Progress Reports
Exemptions 59
Power to exempt
Regulated Entities in the Transportation Network Accessibility Plans — Regulations Under the Canada Transportation Act 60
Initial accessibility plan
Feedback 61
Establishment of process
Progress Reports 62
Obligation
Regulations 63
Regulations
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Chapter 10: Accessible Canada Act TABLE OF PROVISIONS
Exemptions 64
Power to exempt
Accessibility Plans — Regulations Under This Act 65
Initial accessibility plan
Establishment of process
Feedback
Progress Reports 67
Obligation
Exemptions 68
Power to exempt
Other Regulated Entities Accessibility Plans — Regulations Under This Act 69
Initial accessibility plan
Feedback 70
Establishment of process
Progress Reports 71
Obligation
Exemptions 72
Power to exempt
PART 5
Administration and Enforcement Inspections 73
Power to enter
Production Order 74
Power to order production
Compliance Order 75
Power to order termination of contravention
Request for review
Administrative Monetary Penalties 77
Commission — regulated entity
Purpose of penalty
Issuance of notice of violation
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ix
Chapter 10: Accessible Canada Act TABLE OF PROVISIONS
Warning — right to request review
Notices with penalty — payment
Entering into compliance agreements
Refusal to enter into compliance agreement
Review — with respect to facts
Certain defences not available
Party to violation
Employees or agents or mandataries
Continuing violation
Evidence
Limitation period or prescription
Regulations
Powers regarding notices of violation
Publication
PART 6
Remedies Filing of Complaint 94
Right to file complaint
Power to conduct investigation
Notice
Joint investigation
Powers of Accessibility Commissioner
Dispute resolution mechanisms
Discontinuance of investigation
Complaint dismissed
Complaint substantiated
Review by Accessibility Commissioner
Appeal
Assignment of member
Decision
Report of activities
Regulations
Investigation
General 109
Duty to act informally and expeditiously
Disclosure of personal information
PART 7
Chief Accessibility Officer Appointment 111
Special advisor
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Chapter 10: Accessible Canada Act TABLE OF PROVISIONS
Remuneration and Expenses 112
Remuneration and expenses
Duties and Functions 113
Advice
Special report
Assistance
Annual report
PART 8
General Regulations 117
Regulations
Limited application — broadcasting
Limited application — telecommunications
Limited application — transportation
Exemption
121.1 For greater certainty
Miscellaneous 122
Collaboration — complaints, applications and grievances
Collaboration — policies and practices
Obstruction
False statements — Accessibility Commissioner
False statements — records, reports, etc.
Section 126 of Criminal Code
Debts to Her Majesty
Certificate of default
Enforcement of order
Review by Senate and House of Commons
Independent review
National AccessAbility Week 133
Designation
PART 9
Parliamentary Entities Definition and Application 134
Definition of parliamentary entity
Application of other Parts
Constituency offices
Parliamentary Powers, Privileges and Immunities 137
Powers, privileges and immunities
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Chapter 10: Accessible Canada Act TABLE OF PROVISIONS
Application 138
Application of Part 4
Application of Part 5 — inspection
Contravention — parliamentary entity
Application of Part 6
Application of Part 8 — regulations
Notification of Speakers 143
Notification — entrance into place
Notification — appeal under subsection 104(1)
Non-compliance with compliance order
Tabling by Speaker
PART 10
Related Amendments 147
Canadian Radio-television Commission Act
and
Telecommunications
Canadian Human Rights Act
Parliamentary Employment and Staff Relations Act
Broadcasting Act
Telecommunications Act
Canada Transportation Act
Federal Public Sector Labour Relations Act
Public Service Employment Act
PART 11
Consequential and Coordinating Amendments Consequential Amendments 200
Access to Information Act
Financial Administration Act
Privacy Act
Coordinating Amendments 205
2014, c. 20
PART 12
Coming into Force 206
Order in council
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64-65-66-67-68 ELIZABETH II
CHAPTER 10
An Act to ensure a barrier-free Canada
[Assented to 21st June, 2019]
Preamble Whereas the Canadian Charter of Rights and Freedoms guarantees the right to the equal protection and equal benefit of the law without discrimination and, in particular, discrimination on the basis of disability; Whereas the Canadian Human Rights Act recognizes that all individuals should have an opportunity equal with other individuals to make for themselves the lives that they are able and wish to have and to have their needs accommodated without discrimination and, in particular, discrimination on the basis of disability; Whereas a proactive and systemic approach for identifying, removing and preventing barriers to accessibility without delay complements the rights of persons with disabilities under the Canadian Human Rights Act; Whereas Canada is a State Party to the United Nations Convention on the Rights of Persons with Disabilities and Canada has agreed to take appropriate measures respecting accessibility and to develop and monitor minimum accessibility standards; Whereas barriers to accessibility can impact all persons in Canada, in particular those with disabilities and their families, and can prevent persons with disabilities from achieving their full and equal participation in society; And whereas Parliament considers that it is essential to ensure the economic, social and civic participation of all persons in Canada, regardless of their disabilities, and to allow them to fully exercise their rights and responsibilities in a barrier-free Canada;
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Chapter 10: Accessible Canada Act Short Title Sections 1-2
Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Short Title Short title 1 This Act may be cited as the Accessible Canada Act.
Interpretation Definitions 2 The following definitions apply in this Act.
Accessibility Commissioner means the member of the Canadian Human Rights Commission that is appointed under subsection 26(1) of the Canadian Human Rights Act and that is referred to in that Act as the “Accessibility Commissioner”. (commissaire à l’accessibilité) barrier means anything — including anything physical, architectural, technological or attitudinal, anything that is based on information or communications or anything that is the result of a policy or a practice — that hinders the full and equal participation in society of persons with an impairment, including a physical, mental, intellectual, cognitive, learning, communication or sensory impairment or a functional limitation. (obstacle) broadcasting undertaking has the same meaning as in subsection 2(1) of the Broadcasting Act. (entreprise de radiodiffusion) Canadian carrier has the same meaning as in subsection 2(1) of the Telecommunications Act. (entreprise canadienne) disability means any impairment, including a physical, mental, intellectual, cognitive, learning, communication or sensory impairment — or a functional limitation — whether permanent, temporary or episodic in nature, or evident or not, that, in interaction with a barrier, hinders a person’s full and equal participation in society. (handicap) Minister means the member of the Queen’s Privy Council for Canada designated under section 4. (ministre) personal information has the same meaning as in section 3 of the Privacy Act. (renseignements personnels) regulated entity means an entity or person referred to in subsection 7(1). (entité réglementée)
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Chapter 10: Accessible Canada Act Interpretation Sections 2-5
Standards Organization means the Canadian Accessibility Standards Development Organization established under subsection 17(1). (organisation de normalisation) telecommunications service provider has the same meaning as in subsection 2(1) of the Telecommunications Act. (fournisseur de services de télécommunication)
Her Majesty Binding on Her Majesty 3 This Act is binding on Her Majesty in right of Canada.
Designation Designation of Minister 4 The Governor in Council may, by order, designate a
member of the Queen’s Privy Council for Canada as the Minister for the purposes of this Act.
Purpose of Act Purpose 5 The purpose of this Act is to benefit all persons, especially persons with disabilities, through the realization, within the purview of matters coming within the legislative authority of Parliament, of a Canada without barriers, on or before January 1, 2040, particularly by the identification and removal of barriers, and the prevention of new barriers, in the following areas: (a) employment; (b) the built environment; (c) information and communication technologies; (c.1) communication, other than information and communication technologies; (d) the procurement of goods, services and facilities; (e) the design and delivery of programs and services; (f) transportation; and (g) areas designated under regulations made under paragraph 117(1)(b).
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Chapter 10: Accessible Canada Act Purpose of Act Sections 5-6
Clarification 5.1 (1) The area of communication referred to in paragraph 5(c.1) (a) includes the use of American Sign Language, Quebec Sign Language and Indigenous sign languages; and (b) does not include broadcasting as defined in subsection 2(1) of the Broadcasting Act or telecommunications as defined in subsection 2(1) of the Telecommunications Act. Recognition of sign languages (2) American Sign Language, Quebec Sign Language and Indigenous sign languages are recognized as the primary languages for communication by deaf persons in Canada.
Interpretation 5.2 Nothing in this Act, including its purpose of the realization of a Canada without barriers, should be construed as requiring or authorizing any delay in the removal of barriers or the implementation of measures to prevent new barriers as soon as is reasonably possible.
Principles Principles 6 This Act is to be carried out in recognition of, and in accordance with, the following principles: (a) all persons must be treated with dignity regardless
of their disabilities; (b) all persons must have the same opportunity to
make for themselves the lives that they are able and wish to have regardless of their disabilities; (c) all persons must have barrier-free access to full and equal participation in society, regardless of their disabilities; (d) all persons must have meaningful options and be
free to make their own choices, with support if they desire, regardless of their disabilities; (e) laws, policies, programs, services and structures must take into account the disabilities of persons, the
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Chapter 10: Accessible Canada Act Principles Sections 6-7
different ways that persons interact with their environments and the multiple and intersecting forms of marginalization and discrimination faced by persons; (f) persons with disabilities must be involved in the
development and design of laws, policies, programs, services and structures; and (g) the development and revision of accessibility standards and the making of regulations must be done with the objective of achieving the highest level of accessibility for persons with disabilities.
Application Application 7 (1) This Act applies to the following entities and persons: (a) each entity named or set out in any of Schedules I
to V to the Financial Administration Act; (b) each Crown corporation, as defined in subsection 83(1) of the Financial Administration Act that is not referred to in Schedule III to that Act; (c) every portion of the federal public administration that is designated under subsection (3); (d) the Canadian Forces; (e) any person, partnership or unincorporated organization that operates a work or carries on an undertaking or business that is within the legislative authority of Parliament, other than a work, undertaking or business of a local or private nature in Yukon, the Northwest Territories or Nunavut; and (f) any entity or person — including a trustee, executor, administrator, liquidator of the succession, guardian, curator or tutor — that acts in the name of, or for the benefit of, any entity or person in the operation of a work or carrying on of an undertaking or business that is within the legislative authority of Parliament, other than a work, undertaking or business of a local or private nature in Yukon, the Northwest Territories or Nunavut.
Parliamentary entities (2) This Act also applies, to the extent provided for in Part 9, to the entities referred to in the definition of parliamentary entity in section 134.
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Chapter 10: Accessible Canada Act Application Sections 7-11
Designation (3) For the purposes of paragraph (1)(c), the Governor in Council may, by order, designate any portion of the federal public administration that is not named or set out in any of Schedules I to V to the Financial Administration Act.
Non-application 8 Nothing in this Act applies to the Yukon Government, the Government of the Northwest Territories or the Government of Nunavut or a corporation established to perform any function or duty on behalf of any of those Governments.
Canadian Forces 9 Nothing in this Act is to be construed as affecting the
principle of universality of service under which members of the Canadian Forces must at all times and under any circumstances perform any functions that they may be required to perform. Royal Canadian Mounted Police 10 Nothing in this Act is to be construed as affecting the
principle that certain physical and other qualifications are necessary for appointment under the Royal Canadian Mounted Police Act or to prevent the establishment of requirements that are necessary to carry out functions and duties within the Royal Canadian Mounted Police.
PART 1
Minister’s Powers, Duties and Functions Mandate 11 (1) The Minister’s mandate is the realization of a
Canada without barriers on or before January 1, 2040.
Powers (2) In carrying out his or her mandate, the Minister may,
among other things, (a) provide information, advice and assistance in relation to matters relating to accessibility; and (b) promote, support and conduct research into the identification and removal of barriers and the prevention of new barriers.
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Chapter 10: Accessible Canada Act PART 1 Minister’s Powers, Duties and Functions Sections 12-17
Minister’s powers, duties and functions 12 The Minister’s powers, duties and functions extend to and include all matters relating to accessibility over which Parliament has jurisdiction and that are not by law assigned to any other Minister or to any department, board or agency of the Government of Canada.
Policies, programs and projects 13 The Minister may initiate, recommend, implement and promote policies, programs and projects in relation to matters relating to accessibility.
Grants and contributions 14 The Minister may make grants and contributions in
support of the Minister’s programs and projects in relation to matters relating to accessibility.
Information 15 Subject to the Statistics Act, the Minister may collect, analyse, interpret, publish and distribute information in relation to matters relating to accessibility.
Coordination with provincial and territorial authorities 16 The Minister must make every reasonable effort to collaborate with provincial or territorial authorities with a view to coordinating efforts in relation to matters relating to accessibility.
PART 2
Canadian Accessibility Standards Development Organization Establishment Canadian Accessibility Standards Development Organization 17 (1) A corporation is established to be known as the Canadian Accessibility Standards Development Organization.
Agent of Her Majesty (2) The Standards Organization is an agent of Her
Majesty in right of Canada.
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Chapter 10: Accessible Canada Act PART 2 Canadian Accessibility Standards Development Organization Establishment Sections 17-19
Head office (3) The head office of the Standards Organization is to be at a place in Canada that is designated by the Governor in Council.
Mandate Mandate 18 The Standards Organization’s mandate is to contribute to the realization of a Canada without barriers, on or before January 1, 2040, through, among other things, (a) the development and revision of accessibility standards; (b) the recommendation of accessibility standards to the Minister; (c) the provision of information, products and services in relation to the accessibility standards that it has developed or revised; (d) the promotion, support and conduct of research
into the identification and removal of barriers and the prevention of new barriers; and (e) the dissemination of information, including information about best practices, in relation to the identification and removal of barriers and the prevention of new barriers.
Powers Powers 19 The Standards Organization, in carrying out its mandate, may (a) enter into contracts, agreements or other arrangements with any person or entity, including any government, in the name of Her Majesty in right of Canada or in its own name; (b) make grants and contributions; (c) establish and register its own marks under the
Trade-marks Act and authorize and regulate their use subject to that Act; (d) license, sell or otherwise make available any patent, copyright, industrial design, trade-mark or other similar property right that it holds, controls or administers;
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Chapter 10: Accessible Canada Act PART 2 Canadian Accessibility Standards Development Organization Powers Sections 19-23
(e) charge a fee for any accessibility standard that it
develops or revises and any information, product or service that it provides under this Act; (f) spend any money that it receives through its activities, in the fiscal year in which the money is received or in the subsequent fiscal year; (g) acquire any money, securities or other personal or movable property by gift or bequest and expend, administer or dispose of the property subject to the terms, if any, on which the gift or bequest was made; and (h) undertake any other activities that it considers conducive to the furtherance of its mandate and the exercise of its powers.
Other powers 20 The Standards Organization may develop accessibility standards for — or provide any information, product or service related to accessibility standards to — any person or entity, including any government in Canada or elsewhere.
Minister Ministerial directions 21 (1) The Minister may issue general directions to the
Standards Organization respecting the carrying out of its mandate. Non-application of Statutory Instruments Act (2) The Statutory Instruments Act does not apply to directions issued under subsection (1).
Board of Directors Establishment and composition 22 The Standards Organization is to have a board of directors consisting of not more than 11 directors, including a Chair and a Vice-Chair. Appointment and tenure 23 (1) The directors are to be appointed by the Governor in Council to hold office on a part-time basis and during pleasure for a term of not more than four years
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Chapter 10: Accessible Canada Act PART 2 Canadian Accessibility Standards Development Organization Board of Directors Sections 23-25
that will ensure, to the extent possible, the end in any one year of the terms of office of not more than one half of the directors. Appointment considerations (2) The appointment of directors is to be made having regard to the following considerations: (a) that at all times, as far as possible, the majority of the directors are persons with disabilities; (b) the importance of having directors that are representative of the diversity of Canadian society; and (c) the importance of having directors that are representative of the diversity of disabilities faced by Canadians.
Persons not eligible for appointment (3) A person is not eligible to be appointed or to continue as a director if the person (a) is not a Canadian citizen or a permanent resident
within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act; (b) is a member of the Senate or House of Commons or a member of a provincial or territorial legislature; or (c) is employed on a full-time basis in the federal public administration or the public service of a province or territory.
Reappointment (4) A director is eligible for reappointment in the same
or another capacity. Remuneration and expenses 24 A director is to be paid the remuneration that is fixed by the Governor in Council and is entitled to be paid reasonable travel and living expenses incurred while absent from their ordinary place of residence in the course of performing their duties under this Act.
Benefits 25 A director is deemed to be an employee for the purposes of the Government Employees Compensation Act and employed in the federal public administration for the purposes of regulations made under section 9 of the Aeronautics Act.
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Chapter 10: Accessible Canada Act PART 2 Canadian Accessibility Standards Development Organization Board of Directors Sections 26-30
Role of board of directors 26 The board of directors is responsible for (a) setting the strategic direction for the Standards
Organization; (b) supervising and managing the Standards Organization’s activities and affairs; and (c) advising the Chief Executive Officer on matters relating to the Standards Organization’s mandate. By-laws 27 (1) The board of directors may make by-laws respecting the carrying out of its activities and the conduct of its affairs. Copy to Minister (2) The board of directors must send a copy of every bylaw to the Minister.
Advisory and other committees 28 The board of directors may, in accordance with the by-laws, appoint advisory or other committees.
Chair Role of Chair 29 (1) The Chair presides over meetings of the board of
directors and performs any other duties that are assigned by the board. Absence or incapacity of Chair (2) In the event of the absence or incapacity of the Chair,
or a vacancy in that office, the Vice-Chair acts as Chair.
Absence or incapacity of Chair and Vice-Chair (3) In the event of the absence or incapacity of the Chair and the Vice-Chair or a vacancy in both those offices, the Minister may authorize another director to act as Chair, but no director so authorized has authority to act for a term of more than 90 days without the Governor in Council’s approval.
Chief Executive Officer Appointment 30 (1) The Chief Executive Officer of the Standards Organization is to be appointed by the Governor in Council
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to hold office on a full-time basis during pleasure for a term of up to five years. Reappointment (2) The Chief Executive Officer is eligible for reappointment. Remuneration and expenses (3) The Chief Executive Officer is to be paid the remuneration that is fixed by the Governor in Council and is entitled to be paid reasonable travel and living expenses incurred while absent from his or her ordinary place of work in the course of performing his or her duties under this Act. Benefits (4) The Chief Executive Officer is deemed to be employed in the public service for the purposes of the Public Service Superannuation Act, an employee for the purposes of the Government Employees Compensation Act and employed in the federal public administration for the purposes of regulations made under section 9 of the Aeronautics Act.
Role of Chief Executive Officer 31 (1) The Chief Executive Officer is responsible for the
Standards Organization’s day-to-day operations.
Rank of deputy head (2) The Chief Executive Officer has the rank and the
powers of a deputy head of a department. Absence or incapacity of Chief Executive Officer (3) In the event of the absence or incapacity of the Chief Executive Officer, or a vacancy in that office, the Minister may authorize any person to act as Chief Executive Officer, but no person so authorized has authority to act for a term of more than 90 days without the Governor in Council’s approval.
Committees 32 (1) The Chief Executive Officer may establish committees to assist in the development and revision of accessibility standards. Public notice (2) As soon as feasible after establishing a committee,
the Chief Executive Officer must make the committee’s terms of reference and the names of its members available to the public.
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Chapter 10: Accessible Canada Act PART 2 Canadian Accessibility Standards Development Organization Human Resources Sections 33-38
Human Resources Officers and employees 33 Officers and employees necessary for the proper conduct of the work of the Standards Organization are to be appointed in accordance with the Public Service Employment Act.
General Recommended standards to be made public 34 The Standards Organization must make available to
the public every accessibility standard that it recommends to the Minister under paragraph 18(b). Inventions 35 Despite section 9 of the Public Servants Inventions Act, the administration and control of any invention made by an employee of the Standards Organization and vested in Her Majesty by that Act, and any patent issued with respect to the invention, are vested in the Standards Organization.
Annual Report Duty to submit 36 (1) The Standards Organization must, within three
months after the end of each fiscal year, submit a report on its activities in that fiscal year to the Minister.
Tabling (2) The Minister must cause the report to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the report is received by the Minister.
PART 3
Accessibility Commissioner Provision of information or advice 37 The Accessibility Commissioner may provide information or advice to the Minister in respect of issues arising from the administration and enforcement of this Act.
Special report 38 (1) The Accessibility Commissioner may report in
writing to the Minister in respect of issues arising from the administration and enforcement of this Act.
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Chapter 10: Accessible Canada Act PART 3 Accessibility Commissioner Sections 38-40
Publication (2) The Accessibility Commissioner may, after the sixtieth day after the day on which it was provided, publish any report that he or she provided to the Minister.
Annual report 39 (1) The Accessibility Commissioner must, within
three months after the end of each fiscal year, submit a report on his or her activities under this Act during that year to the Minister and provide the Minister of Justice with a copy of the report. Contents (2) The report must include (a) information about the following in respect of the fiscal year, including their number: (i) inspections conducted under section 73, (ii) orders made under section 74, (iii) orders made under section 75, (iv) notices of violation issued under section 79,
and (v) complaints filed under subsection 94(1); (b) the
Accessibility Commissioner’s observations about whether the information referred to in paragraph (a) discloses any systemic or emerging accessibility issues; and (c) information prescribed in regulations made under
subsection 117(1).
Tabling (3) The Minister must cause the report to be laid before
each House of Parliament on any of the first 15 days on which that House is sitting after the report is received by the Minister. Delegation to any person 40 (1) Subject to subsection (2), the Accessibility Commissioner may delegate, subject to any restrictions or limitations that he or she may specify, any of his or her powers, duties and functions under this Act — other than those set out in sections 37 to 39, 76, 82, 84, 93, 95 to 103 and 110 and subsections 140(5), (7) and (8) and the power to delegate under this subsection and subsection (2) — to any person, other than the Chief Commissioner of the Canadian Human Rights Commission.
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Chapter 10: Accessible Canada Act PART 3 Accessibility Commissioner Sections 40-41
Delegation to member or staff of Commission (2) The Accessibility Commissioner may delegate, subject to any restrictions or limitations that he or she may specify, any of his or her powers, duties and functions under sections 93 and 95 to 103 to another member of the Canadian Human Rights Commission — other than the Chief Commissioner — or to a member of the staff of that Commission.
Consultation (3) The Accessibility Commissioner must consult with the Chief Commissioner before delegating any power, duty or function to a member of the Canadian Human Rights Commission.
Certificate of delegation — subsection (1) (4) Each person to whom powers, duties or functions are
delegated under subsection (1) must be provided with a certificate of delegation in the form established by the Accessibility Commissioner and, if the person enters any place under subsection 73(1), the person must, on request, produce the certificate to the occupant or person in charge of the place. Certificate of delegation — subsection (2) (5) Each person to whom powers, duties or functions are
delegated under subsection (2) must be provided with a certificate of delegation in the form established by the Accessibility Commissioner and, if the person enters any place under subsection 73(1) or paragraph 98(d), the person must, on request, produce the certificate to the occupant or person in charge of the place. Immunity 41 No action or other proceeding of a civil nature lies
against the Accessibility Commissioner, or any person acting on behalf or under the direction of the Accessibility Commissioner, in respect of anything that is done or omitted to be done in good faith while exercising their powers or performing their duties and functions under this Act.
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Chapter 10: Accessible Canada Act PART 4 Duties of Regulated Entities Section 42
PART 4
Duties of Regulated Entities Regulated Entities That Carry On Broadcasting Undertakings Accessibility Plans — Requirements Under the Broadcasting Act Initial accessibility plan 42 (1) A regulated entity that carries on a broadcasting undertaking must, before the expiry of one year after the day fixed or determined by regulations made under subsection 45(1) that apply to that regulated entity, prepare and publish, in accordance with this Act and regulations made under that subsection, an accessibility plan respecting (a) its policies, programs, practices and services in relation to the identification and removal of barriers, and the prevention of new barriers, in the areas referred to in paragraphs 5(c), (d) and (e), the area referred to in paragraph 5(c.1) as it relates to the areas referred to in paragraphs (d) and (e) and, if it is not subject to the Employment Equity Act, employment equity; (b) the conditions of the regulated entity’s licence issued under Part II of the Broadcasting Act that relate to the identification and removal of barriers and the prevention of new barriers; (c) the provisions of any order made under subsection
9(4) of that Act that relate to the identification and removal of barriers and the prevention of new barriers and that apply to the regulated entity; and (d) the provisions of any regulations made under subsection 10(1) of that Act that relate to the identification and removal of barriers and the prevention of new barriers and that apply to the regulated entity.
Updated accessibility plan (2) The regulated entity must prepare and publish, in accordance with this Act and regulations made under subsection 45(1), an updated version of its accessibility plan
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no later than the third anniversary of the day on which the plan was last published or before the expiry of the applicable period prescribed by regulations made under that subsection. Notice to Commission (3) The regulated entity must notify the Canadian Radiotelevision and Telecommunications Commission, within the time and in the manner prescribed in regulations made under subsection 45(1), of the publication of every version of its accessibility plan. Duty to consult (4) The regulated entity must consult persons with disabilities in the preparation of its accessibility plan and every updated version of its accessibility plan.
Manner of consultation (5) The accessibility plan must set out the manner in
which the regulated entity consulted persons with disabilities in the preparation of the plan. Applicable requirements (6) The accessibility plan need not address a requirement that applies to the regulated entity and that is set out in a condition, order or regulation referred to in paragraphs (1)(b) to (d) unless the requirement has been in force at least three months before the day on which the accessibility plan must be published.
Duty to make plan available on request (7) If a person makes a request in accordance with subsection (8), the regulated entity must, within the time prescribed by regulations made under subsection 45(1), make its accessibility plan available to the person in the format prescribed by regulations made under that subsection that is indicated in the request.
Conditions (8) The request must be made in the form and manner
prescribed by regulations made under subsection 45(1) and must indicate the format prescribed by regulations made under that subsection in which the accessibility plan is to be made available to the person making the request. Principles (9) The regulated entity must take into account the principles set out in section 6 when it prepares an accessibility plan or an updated version of its accessibility plan.
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Chapter 10: Accessible Canada Act PART 4 Duties of Regulated Entities Regulated Entities That Carry On Broadcasting Undertakings Feedback Sections 43-44
Feedback Establishment of process 43 (1) A regulated entity referred to in subsection 42(1)
must establish a process for receiving feedback about the following and for dealing with that feedback: (a) the manner in which the regulated entity is implementing its accessibility plan; and (b) the barriers encountered by persons that deal with the regulated entity.
Publication (2) The regulated entity must publish a description of its process in accordance with regulations made under subsection 45(1).
Notice to Commission (3) The regulated entity must notify the Canadian Radiotelevision and Telecommunications Commission, within the time and in the manner prescribed in regulations made under subsection 45(1), of the publication of the description of every version of its process.
Progress Reports Obligation 44 (1) A regulated entity referred to in subsection 42(1)
must prepare and publish, in accordance with this Act and regulations made under subsection 45(1), a progress report respecting its implementation of its accessibility plan. Notice to Commission (2) The regulated entity must notify the Canadian Radiotelevision and Telecommunications Commission, within the time and in the manner prescribed in regulations made under subsection 45(1), of the publication of its progress report. Duty to consult (3) The regulated entity must consult persons with disabilities in the preparation of its progress report. Manner of consultation (4) The progress report must set out the manner in which the regulated entity consulted persons with disabilities in the preparation of its progress report.
Feedback information (5) The progress report must set out information concerning the feedback received by the regulated entity
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through its feedback process and how that feedback was taken into consideration. Duty to make progress report available on request (6) If a person makes a request in accordance with subsection (7), the regulated entity must, within the time prescribed by regulations made under subsection 45(1), make its progress report available to the person in the format prescribed by regulations made under that subsection that is indicated in the request.
Conditions (7) The request must be made in the form and manner prescribed by regulations made under subsection 45(1) and must indicate the format prescribed by regulations made under that subsection in which the progress report is to be made available to the person making the request.
Regulations Regulations 45 (1) The Canadian Radio-television and Telecommunications Commission may make regulations (a) fixing or determining, for the purposes of subsection 42(1), a day in respect of a regulated entity; (b) specifying the form in which accessibility plans required by subsections 42(1) and (2) are to be prepared and the manner in which they are to be published; (b.1) respecting the feedback process required by subsection 43(1); (c) specifying the form and manner in which descriptions of the feedback process required by subsection 43(1) are to be published; (d) specifying the form in which progress reports required by subsection 44(1) are to be prepared and the time and manner in which they are to be published; and (e) prescribing anything that is to be prescribed by
any of subsections 42(3), (7) and (8), 43(3) and 44(2), (6) and (7).
Obligation (1.1) The Canadian Radio-television and Telecommunications Commission must make at least one regulation under subsection (1) within the period of two years that
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begins on the day on which this subsection comes into force. Distinguishing — classes (2) Regulations made under subsection (1) may distinguish among different classes of regulated entities.
Exemptions Power to exempt 46 (1) The Canadian Radio-television and Telecommunications Commission may, by order, exempt any regulated entity or class of regulated entities from the application of all or any part of sections 42 to 44, on any terms that the Commission considers necessary. The order ceases to have effect on the earlier of the end of the period of three years that begins on the day on which the order is made and the end of any shorter period specified in the order. Non-application of Statutory Instruments Act (2) The Statutory Instruments Act does not apply to an order made under subsection (1) in respect of a regulated entity, but the order must be published in the Canada Gazette and the reasons for the making of the order must be made available to the public.
Accessibility Plans — Regulations Under This Act Initial accessibility plan 47 (1) A regulated entity referred to in subsection 42(1)
must, before the expiry of one year after the day fixed or determined by regulations made under subsection 117(1) that apply to that regulated entity, prepare and publish, in accordance with this Act and regulations made under subsection 117(1), an accessibility plan respecting (a) its policies, programs, practices and services in relation to the identification and removal of barriers, and the prevention of new barriers, in the areas referred to in paragraphs 5(a), (b), (f) and (g) and in the area referred to in paragraph 5(c.1) as that paragraph applies in respect of the areas referred to in those paragraphs; and (b) the provisions of regulations made under subsection 117(1) that apply to it.
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Chapter 10: Accessible Canada Act PART 4 Duties of Regulated Entities Regulated Entities That Carry On Broadcasting Undertakings Accessibility Plans — Regulations Under This Act Section 47
Updated accessibility plan (2) The regulated entity must prepare and publish, in accordance with this Act and regulations made under subsection 117(1), an updated version of its accessibility plan no later than the third anniversary of the day on which the plan was last published or before the expiry of the applicable period prescribed by regulations made under that subsection. Notice to Accessibility Commissioner (3) The regulated entity must notify the Accessibility
Commissioner, within the time and in the manner prescribed in regulations made under subsection 117(1), of the publication of every version of its accessibility plan. Duty to consult (4) The regulated entity must consult persons with disabilities in the preparation of its accessibility plan and every updated version of its accessibility plan.
Manner of consultation (5) The accessibility plan must set out the manner in which the regulated entity consulted persons with disabilities in the preparation of the plan.
Applicable requirements (6) The accessibility plan need not address a requirement that applies to the regulated entity and that is set out in regulations made under subsection 117(1) unless the requirement has been in force at least three months before the day on which the accessibility plan must be published.
Duty to make plan available on request (7) If a person makes a request in accordance with subsection (8), the regulated entity must, within the time prescribed by regulations made under subsection 117(1), make its accessibility plan available to the person in the format prescribed by regulations made under that subsection that is indicated in the request.
Conditions (8) The request must be made in the form and manner prescribed by regulations made under subsection 117(1) and must indicate the format prescribed by regulations made under that subsection in which the accessibility plan is to be made available to the person making the request.
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Chapter 10: Accessible Canada Act PART 4 Duties of Regulated Entities Regulated Entities That Carry On Broadcasting Undertakings Accessibility Plans — Regulations Under This Act Sections 47-49
Principles (9) The regulated entity must take into account the principles set out in section 6 when it prepares an accessibility plan or an updated version of its accessibility plan.
Feedback Establishment of process 48 (1) A regulated entity referred to in subsection 42(1)
must establish a process for receiving feedback about the following and for dealing with that feedback: (a) the manner in which the regulated entity is implementing its accessibility plan; and (b) the barriers encountered by the regulated entity’s
employees and by other persons that deal with the regulated entity. Publication (2) The regulated entity must publish a description of its process in accordance with regulations made under subsection 117(1).
Notice to Accessibility Commissioner (3) The regulated entity must notify the Accessibility Commissioner, within the time and in the manner prescribed in regulations made under subsection 117(1), of the publication of the description of every version of its process.
Progress Reports Obligation 49 (1) A regulated entity referred to in subsection 42(1) must prepare and publish, in accordance with this Act and regulations made under subsection 117(1), a progress report respecting its implementation of its accessibility plan.
Notice to Accessibility Commissioner (2) The regulated entity must notify the Accessibility
Commissioner, within the time and in the manner prescribed in regulations made under subsection 117(1), of the publication of its progress report. Duty to consult (3) The regulated entity must consult persons with disabilities in the preparation of its progress report.
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Manner of consultation (4) The progress report must set out the manner in which the regulated entity consulted persons with disabilities in the preparation of its progress report.
Feedback information (5) The progress report must set out information concerning the feedback received by the regulated entity through its feedback process and how that feedback was taken into consideration. Duty to make progress report available on request (6) If a person makes a request in accordance with subsection (7), the regulated entity must, within the time prescribed by regulations made under subsection 117(1), make its progress report available to the person in the format prescribed by regulations made under that subsection that is indicated in the request.
Conditions (7) The request must be made in the form and manner prescribed by regulations made under subsection 117(1) and must indicate the format prescribed by regulations made under that subsection in which the progress report is to be made available to the person making the request.
Exemptions Power to exempt 50 (1) The Minister may, by order, exempt any regulated entity or class of regulated entities from the application of all or any part of sections 47 to 49, on any terms that the Minister considers necessary. The order ceases to have effect on the earlier of the end of the period of three years that begins on the day on which the order is made and the end of any shorter period specified in the order. Copy to Accessibility Commissioner (2) The Minister must provide the Accessibility Commissioner with a copy of every order made under subsection (1).
Non-application of Statutory Instruments Act (3) The Statutory Instruments Act does not apply to an
order made under subsection (1) in respect of a regulated entity, but the order must be published in the Canada Gazette and the reasons for the making of the order must be made available to the public.
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Chapter 10: Accessible Canada Act PART 4 Duties of Regulated Entities Regulated Entities That Are Canadian Carriers or Telecommunications Service Providers Section 51
Regulated Entities That Are Canadian Carriers or Telecommunications Service Providers Accessibility Plans — Requirements Under the Telecommunications Act Initial accessibility plan 51 (1) A regulated entity that is a Canadian carrier or a telecommunications service provider must, before the expiry of one year after the day fixed or determined by regulations made under subsection 54(1) that apply to that regulated entity, prepare and publish, in accordance with this Act and regulations made under that subsection, an accessibility plan respecting (a) its policies, programs, practices and services in relation to the identification and removal of barriers, and the prevention of new barriers, in the areas referred to in paragraphs 5(c), (d) and (e) and the area referred to in paragraph 5(c.1) as it relates to the areas referred to in paragraphs (d) and (e); (b) the conditions imposed under section 24 or 24.1 of
the Telecommunications Act to which the regulated entity is subject that relate to the identification and removal of barriers and the prevention of new barriers; and (c) the provisions of any regulations made under that Act that relate to the identification and removal of barriers and the prevention of new barriers and that apply to the regulated entity.
Updated accessibility plan (2) The regulated entity must prepare and publish, in accordance with this Act and regulations made under subsection 54(1), an updated version of its accessibility plan no later than the third anniversary of the day on which the plan was last published or before the expiry of the applicable period prescribed by regulations made under that subsection.
Notice to Commission (3) The regulated entity must notify the Canadian Radiotelevision and Telecommunications Commission, within the time and in the manner prescribed in regulations made under subsection 54(1), of the publication of every version of its accessibility plan.
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Duty to consult (4) The regulated entity must consult persons with disabilities in the preparation of its accessibility plan and every updated version of its accessibility plan.
Manner of consultation (5) The accessibility plan must set out the manner in
which the regulated entity consulted persons with disabilities in the preparation of the plan. Applicable requirements (6) The accessibility plan need not address a requirement that applies to the regulated entity and that is set out in a condition or regulation referred to in paragraphs (1)(b) and (c) unless the requirement has been in force at least three months before the day on which the accessibility plan must be published.
Duty to make plan available on request (7) If a person makes a request in accordance with subsection (8), the regulated entity must, within the time prescribed by regulations made under subsection 54(1), make its accessibility plan available to the person in the format prescribed by regulations made under that subsection that is indicated in the request.
Conditions (8) The request must be made in the form and manner
prescribed by regulations made under subsection 54(1) and must indicate the format prescribed by regulations made under that subsection in which the accessibility plan is to be made available to the person making the request. Principles (9) The regulated entity must take into account the principles set out in section 6 when it prepares an accessibility plan or an updated version of its accessibility plan.
Feedback Establishment of process 52 (1) A regulated entity referred to in subsection 51(1) must establish a process for receiving feedback about the following and for dealing with that feedback: (a) the manner in which the regulated entity is implementing its accessibility plan; and (b) the barriers encountered by persons that deal with
the regulated entity.
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Publication (2) The regulated entity must publish a description of its process in accordance with regulations made under subsection 54(1).
Notice to Commission (3) The regulated entity must notify the Canadian Radiotelevision and Telecommunications Commission, within the time and in the manner prescribed in regulations made under subsection 54(1), of the publication of the description of every version of its process.
Progress Reports Obligation 53 (1) A regulated entity referred to in subsection 51(1)
must prepare and publish, in accordance with this Act and regulations made under subsection 54(1), a progress report respecting its implementation of its accessibility plan. Notice to Commission (2) The regulated entity must notify the Canadian Radiotelevision and Telecommunications Commission, within the time and in the manner prescribed in regulations made under subsection 54(1), of the publication of its progress report. Duty to consult (3) The regulated entity must consult persons with disabilities in the preparation of its progress report.
Manner of consultation (4) The progress report must set out the manner in which the regulated entity consulted persons with disabilities in the preparation of its progress report.
Feedback information (5) The progress report must set out information concerning the feedback received by the regulated entity through its feedback process and how that feedback was taken into consideration. Duty to make progress report available on request (6) If a person makes a request in accordance with subsection (7), the regulated entity must, within the time prescribed by regulations made under subsection 54(1), make its progress report available to the person in the format prescribed by regulations made under that subsection that is indicated in the request.
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Conditions (7) The request must be made in the form and manner prescribed by regulations made under subsection 54(1) and must indicate the format prescribed by regulations made under that subsection in which the progress report is to be made available to the person making the request.
Regulations Regulations 54 (1) The Canadian Radio-television and Telecommunications Commission may make regulations (a) fixing or determining, for the purposes of subsection 5(1), a day in respect of a regulated entity; (b) specifying the form in which accessibility plans required by subsections 51(1) and (2) are to be prepared and the manner in which they are to be published; (b.1) respecting the feedback process required by subsection 52(1); (c) specifying the form and manner in which descriptions of the feedback process required by subsection 52(1) are to be published; (d) specifying the form in which progress reports required by subsection 53(1) are to be prepared and the time and manner in which they are to be published; and (e) prescribing anything that is to be prescribed by
any of subsections 51(3), (7) and (8), 52(3) and 53(2), (6) and (7).
Obligation (1.1) The Canadian Radio-television and Telecommunications Commission must make at least one regulation under subsection (1) within the period of two years that begins on the day on which this subsection comes into force. Distinguishing — classes (2) Regulations made under subsection (1) may distinguish among different classes of regulated entities.
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Chapter 10: Accessible Canada Act PART 4 Duties of Regulated Entities Regulated Entities That Are Canadian Carriers or Telecommunications Service Providers Exemptions Sections 55-56
Exemptions Power to exempt 55 (1) The Canadian Radio-television and Telecommunication Commission may, by order, exempt any regulated entity or class of regulated entities from the application of all or any part of sections 51 to 53, on any terms that the Commission considers necessary. The order ceases to have effect on the earlier of the end of the period of three years that begins on the day on which the order is made and the end of any shorter period specified in the order. Non-application of Statutory Instruments Act (2) The Statutory Instruments Act does not apply to an order made under subsection (1) in respect of a regulated entity, but the order must be published in the Canada Gazette and the reasons for the making of the order must be made available to the public.
Accessibility Plans — Regulations Under This Act Initial accessibility plan 56 (1) A regulated entity referred to in subsection 51(1)
must, before the expiry of one year after the day fixed or determined by regulations made under subsection 117(1) that apply to that regulated entity, prepare and publish, in accordance with this Act and regulations made under subsection 117(1), an accessibility plan respecting (a) its policies, programs, practices and services in relation to the identification and removal of barriers, and the prevention of new barriers, in the areas referred to in paragraphs 5(a), (b), (f) and (g) and in the area referred to in paragraph 5(c.1) as it relates to the areas referred to in those paragraphs; and (b) the provisions of regulations made under subsection 117(1) that apply to it.
Updated accessibility plan (2) The regulated entity must prepare and publish, in accordance with this Act and regulations made under subsection 117(1), an updated version of its accessibility plan no later than the third anniversary of the day on which the plan was last published or before the expiry of the applicable period prescribed by regulations made under that subsection.
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Chapter 10: Accessible Canada Act PART 4 Duties of Regulated Entities Regulated Entities That Are Canadian Carriers or Telecommunications Service Providers Accessibility Plans — Regulations Under This Act Sections 56-57
Notice to Accessibility Commissioner (3) The regulated entity must notify the Accessibility
Commissioner, within the time and in the manner prescribed in regulations made under subsection 117(1), of the publication of every version of its accessibility plan. Duty to consult (4) The regulated entity must consult persons with disabilities in the preparation of its accessibility plan and every updated version of its accessibility plan.
Manner of consultation (5) The accessibility plan must set out the manner in which the regulated entity consulted persons with disabilities in the preparation of the plan.
Applicable requirements (6) The accessibility plan need not address a requirement that applies to the regulated entity and that is set out in regulations made under subsection 117(1) unless the requirement has been in force at least three months before the day on which the accessibility plan must be published.
Duty to make plan available on request (7) If a person makes a request in accordance with subsection (8), the regulated entity must, within the time prescribed by regulations made under subsection 117(1), make its accessibility plan available to the person in the format prescribed by regulations made under that subsection that is indicated in the request.
Conditions (8) The request must be made in the form and manner prescribed by regulations made under subsection 117(1) and must indicate the format prescribed by regulations made under that subsection in which the accessibility plan is to be made available to the person making the request.
Principles (9) The regulated entity must take into account the principles set out in section 6 when it prepares an accessibility plan or an updated version of its accessibility plan.
Feedback Establishment of process 57 (1) A regulated entity referred to in subsection 51(1)
must establish a process for receiving feedback about the following and for dealing with that feedback:
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Chapter 10: Accessible Canada Act PART 4 Duties of Regulated Entities Regulated Entities That Are Canadian Carriers or Telecommunications Service Providers Feedback Sections 57-58
(a) the manner in which the regulated entity is implementing its accessibility plan; and (b) the barriers encountered by the regulated entity’s
employees and by other persons that deal with the regulated entity. Publication (2) The regulated entity must publish a description of its
process in accordance with regulations made under subsection 117(1). Notice to Accessibility Commissioner (3) The regulated entity must notify the Accessibility
Commissioner, within the time and in the manner prescribed in regulations made under subsection 117(1), of the publication of the description of every version of its process.
Progress Reports Obligation 58 (1) A regulated entity referred to in subsection 51(1) must prepare and publish, in accordance with this Act and regulations made under subsection 117(1), a progress report respecting its implementation of its accessibility plan.
Notice to Accessibility Commissioner (2) The regulated entity must notify the Accessibility Commissioner, within the time and in the manner prescribed in regulations made under subsection 117(1), of the publication of its progress report.
Duty to consult (3) The regulated entity must consult persons with disabilities in the preparation of its progress report.
Manner of consultation (4) The progress report must set out the manner in
which the regulated entity consulted persons with disabilities in the preparation of its progress report. Feedback information (5) The progress report must set out information concerning the feedback received by the regulated entity through its feedback process and how that feedback was taken into consideration. Duty to make progress report available on request (6) If a person makes a request in accordance with subsection (7), the regulated entity must, within the time prescribed by regulations made under subsection 117(1),
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Chapter 10: Accessible Canada Act PART 4 Duties of Regulated Entities Regulated Entities That Are Canadian Carriers or Telecommunications Service Providers Progress Reports Sections 58-60
make its progress report available to the person in the format prescribed by regulations made under that subsection that is indicated in the request.
Conditions (7) The request must be made in the form and manner prescribed by regulations made under subsection 117(1) and must indicate the format prescribed by regulations made under that subsection in which the progress report is to be made available to the person making the request.
Exemptions Power to exempt 59 (1) The Minister may, by order, exempt any regulated entity or class of regulated entities from the application of all or any part of sections 56 to 58, on any terms that the Minister considers necessary. The order ceases to have effect on the earlier of the end of the period of three years that begins on the day on which the order is made and the end of any shorter period specified in the order.
Copy to Accessibility Commissioner (2) The Minister must provide the Accessibility Commissioner with a copy of every order made under subsection (1). Non-application of Statutory Instruments Act (3) The Statutory Instruments Act does not apply to an
order made under subsection (1) in respect of a regulated entity, but the order must be published in the Canada Gazette and the reasons for the making of the order must be made available to the public.
Regulated Entities in the Transportation Network Accessibility Plans — Regulations Under the Canada Transportation Act Initial accessibility plan 60 (1) A regulated entity that is required to comply with
any provision of regulations made under subsection 170(1) of the Canada Transportation Act must, before the expiry of one year after the day fixed or determined by regulations made under subsection 63(1) that apply to that regulated entity, prepare and publish, in accordance
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with this Act and regulations made under subsection 63(1), an accessibility plan respecting (a) its policies, programs, practices and services in relation to the identification and removal of barriers, and the prevention of new barriers, in (i) the areas referred to in paragraphs 5(c) and (d)
to (f), (ii) the built environment, to the extent that the built environment is a passenger aircraft, passenger train, passenger bus, passenger vessel, aerodrome passenger terminal, railway passenger station, bus passenger station or marine passenger terminal, and (iii) the area referred to in paragraph 5(c.1) as it relates to the areas referred to in paragraphs 5(c) and (d) to (f) and to the built environment referred to in subparagraph (ii); and (b) the provisions of regulations made under subsection 170(1) of the Canada Transportation Act that apply to it. Updated accessibility plan (2) The regulated entity must prepare and publish, in accordance with this Act and regulations made under subsection 63(1), an updated version of its accessibility plan no later than the third anniversary of the day on which the plan was last published or before the expiry of the applicable period prescribed by regulations made under that subsection.
Notice to Agency (3) The regulated entity must notify the Canadian Transportation Agency, within the time and in the manner prescribed in regulations made under subsection 63(1), of the publication of every version of its accessibility plan. Duty to consult (4) The regulated entity must consult persons with disabilities in the preparation of its accessibility plan and every updated version of its accessibility plan.
Manner of consultation (5) The accessibility plan must set out the manner in which the regulated entity consulted persons with disabilities in the preparation of the plan.
Applicable requirements (6) The accessibility plan need not address a requirement that applies to the regulated entity and that is set out in regulations made under subsection 170(1) of the
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Canada Transportation Act unless the requirement has been in force at least three months before the day on which the accessibility plan must be published. Duty to make plan available on request (7) If a person makes a request in accordance with subsection (8), the regulated entity must, within the time prescribed by regulations made under subsection 63(1), make its accessibility plan available to the person in the format prescribed by regulations made under that subsection that is indicated in the request.
Conditions (8) The request must be made in the form and manner prescribed by regulations made under subsection 63(1) and must indicate the format prescribed by regulations made under that subsection in which the accessibility plan is to be made available to the person making the request.
Principles (9) The regulated entity must take into account the principles set out in section 6 when it prepares an accessibility plan or an updated version of its accessibility plan.
Feedback Establishment of process 61 (1) A regulated entity referred to in subsection 60(1) must establish a process for receiving feedback about the following and for dealing with that feedback: (a) the manner in which the regulated entity is implementing its accessibility plan; and (b) the barriers encountered by persons that deal with
the regulated entity. Publication (2) The regulated entity must publish a description of its
process in accordance with regulations made under subsection 63(1). Notice to Agency (3) The regulated entity must notify the Canadian Transportation Agency, within the time and in the manner prescribed in regulations made under subsection 63(1), of the publication of the description of every version of its process.
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Chapter 10: Accessible Canada Act PART 4 Duties of Regulated Entities Regulated Entities in the Transportation Network Progress Reports Sections 62-63
Progress Reports Obligation 62 (1) A regulated entity referred to in subsection 60(1) must prepare and publish, in accordance with this Act and regulations made under subsection 63(1), a progress report respecting its implementation of its accessibility plan.
Notice to Agency (2) The regulated entity must notify the Canadian Transportation Agency, within the time and in the manner prescribed in regulations made under subsection 63(1), of the publication of its progress report. Duty to consult (3) The regulated entity must consult persons with disabilities in the preparation of its progress report. Manner of consultation (4) The progress report must set out the manner in which the regulated entity consulted persons with disabilities in the preparation of its progress report.
Feedback information (5) The progress report must set out information concerning the feedback received by the regulated entity through its feedback process and how that feedback was taken into consideration. Duty to make progress report available on request (6) If a person makes a request in accordance with subsection (7), the regulated entity must, within the time prescribed by regulations made under subsection 63(1), make its progress report available to the person in the format prescribed by regulations made under that subsection that is indicated in the request.
Conditions (7) The request must be made in the form and manner prescribed by regulations made under subsection 63(1) and must indicate the format prescribed by regulations made under that subsection in which the progress report is to be made available to the person making the request.
Regulations Regulations 63 (1) The Canadian Transportation Agency may, with
the approval of the Governor in Council given on the
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Chapter 10: Accessible Canada Act PART 4 Duties of Regulated Entities Regulated Entities in the Transportation Network Regulations Sections 63-64
recommendation of the Minister of Transport, make regulations (a) fixing or determining, for the purposes of subsection 60(1), a day in respect of a regulated entity; (b) specifying the form in which accessibility plans required by subsections 60(1) and (2) are to be prepared and the manner in which they are to be published; (b.1) respecting the feedback process required by subsection 61(1); (c) specifying the form and manner in which descriptions of the feedback process required by subsection 61(1) are to be published; (d) specifying the form in which progress reports required by subsection 62(1) are to be prepared and the time and manner in which they are to be published; and (e) prescribing anything that is to be prescribed by
any of subsections 60(2), (3), (7) and (8), 61(3) and 62(2), (6) and (7). Obligation (1.1) The Canadian Transportation Agency must make at
least one regulation under subsection (1) within the period of two years that begins on the day on which this subsection comes into force. Distinguishing — classes (2) Regulations made under subsection (1) may distinguish among different classes of regulated entities.
Exemptions Power to exempt 64 (1) The Canadian Transportation Agency, with the approval of the Minister of Transport, may, by order, exempt any regulated entity or class of regulated entities from the application of all or any part of sections 60 to 62, on any terms that the Agency considers necessary. The order ceases to have effect on the earlier of the end of the period of three years that begins on the day on which the order is made and the end of any shorter period specified in the order.
Non-application of Statutory Instruments Act (2) The Statutory Instruments Act does not apply to an order made under subsection (1) in respect of a regulated entity, but the order must be published in the Canada
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Gazette and the reasons for the making of the order must be made available to the public.
Accessibility Plans — Regulations Under This Act Initial accessibility plan 65 (1) A regulated entity referred to in subsection 60(1)
must, before the expiry of one year after the day fixed or determined by regulations made under subsection 117(1) that apply to that regulated entity, prepare and publish, in accordance with this Act and regulations made under subsection 117(1), an accessibility plan respecting (a) its policies, programs, practices and services in relation to the identification and removal of barriers, and the prevention of new barriers, in (i) the areas referred to in paragraphs 5(a) and (g), (ii) the built environment, other than passenger aircraft, passenger trains, passenger buses, passenger vessels, aerodrome passenger terminals, railway passenger stations, bus passenger stations or marine passenger terminals, and (iii) the area referred to in paragraph 5(c.1) as it relates to the areas referred to in paragraphs 5(a) and (g) and to the built environment referred to in subparagraph (ii); and (b) the provisions of regulations made under subsection 117(1) that apply to it.
Updated accessibility plan (2) The regulated entity must prepare and publish, in accordance with this Act and regulations made under subsection 117(1), an updated version of its accessibility plan no later than the third anniversary of the day on which the plan was last published or before the expiry of the applicable period prescribed by regulations made under that subsection.
Notice to Accessibility Commissioner (3) The regulated entity must notify the Accessibility Commissioner, within the time and in the manner prescribed in regulations made under subsection 117(1), of the publication of every version of its accessibility plan.
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Duty to consult (4) The regulated entity must consult persons with disabilities in the preparation of its accessibility plan and every updated version of its accessibility plan.
Manner of consultation (5) The accessibility plan must set out the manner in
which the regulated entity consulted persons with disabilities in the preparation of the plan. Applicable requirements (6) The accessibility plan need not address a requirement that applies to the regulated entity and that is set out in regulations made under subsection 117(1) unless the requirement has been in force at least three months before the day on which the accessibility plan must be published.
Duty to make plan available on request (7) If a person makes a request in accordance with subsection (8), the regulated entity must, within the time prescribed by regulations made under subsection 117(1), make its accessibility plan available to the person in the format prescribed by regulations made under that subsection that is indicated in the request.
Conditions (8) The request must be made in the form and manner
prescribed by regulations made under subsection 117(1) and must indicate the format prescribed by regulations made under that subsection in which the accessibility plan is to be made available to the person making the request. Principles (9) The regulated entity must take into account the principles set out in section 6 when it prepares an accessibility plan or an updated version of its accessibility plan.
Feedback Establishment of process 66 (1) A regulated entity referred to in subsection 60(1) must establish a process for receiving feedback about the following and for dealing with that feedback: (a) the manner in which the regulated entity is implementing its accessibility plan; and (b) the barriers encountered by the regulated entity’s
employees and by other persons that deal with the regulated entity.
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Chapter 10: Accessible Canada Act PART 4 Duties of Regulated Entities Regulated Entities in the Transportation Network Feedback Sections 66-67
Publication (2) The regulated entity must publish a description of its process in accordance with regulations made under subsection 117(1).
Notice to Accessibility Commissioner (3) The regulated entity must notify the Accessibility Commissioner, within the time and in the manner prescribed in regulations made under subsection 117(1), of the publication of the description of every version of its process.
Progress Reports Obligation 67 (1) A regulated entity referred to in subsection 60(1)
must prepare and publish, in accordance with this Act and regulations made under subsection 117(1), a progress report respecting its implementation of its accessibility plan. Notice to Accessibility Commissioner (2) The regulated entity must notify the Accessibility
Commissioner, within the time and in the manner prescribed in regulations made under subsection 117(1), of the publication of its progress report. Duty to consult (3) The regulated entity must consult persons with disabilities in the preparation of its progress report.
Manner of consultation (4) The progress report must set out the manner in
which the regulated entity consulted persons with disabilities in the preparation of its progress report. Feedback information (5) The progress report must set out information concerning the feedback received by the regulated entity through its feedback process and how that feedback was taken into consideration. Duty to make progress report available on request (6) If a person makes a request in accordance with subsection (7), the regulated entity must, within the time prescribed by regulations made under subsection 117(1), make its progress report available to the person in the format prescribed by regulations made under that subsection that is indicated in the request.
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Chapter 10: Accessible Canada Act PART 4 Duties of Regulated Entities Regulated Entities in the Transportation Network Progress Reports Sections 67-69
Conditions (7) The request must be made in the form and manner prescribed by regulations made under subsection 117(1) and must indicate the format prescribed by regulations made under that subsection in which the progress report is to be made available to the person making the request.
Exemptions Power to exempt 68 (1) The Minister may, by order, exempt any regulated entity or class of regulated entities from the application of all or any part of sections 65 to 67, on any terms that the Minister considers necessary. The order ceases to have effect on the earlier of the end of the period of three years that begins on the day on which the order is made and the end of any shorter period specified in the order.
Copy to Accessibility Commissioner (2) The Minister must provide the Accessibility Commissioner with a copy of every order made under subsection (1). Non-application of Statutory Instruments Act (3) The Statutory Instruments Act does not apply to an
order made under subsection (1) in respect of a regulated entity, but the order must be published in the Canada Gazette and the reasons for the making of the order must be made available to the public.
Other Regulated Entities Accessibility Plans — Regulations Under This Act Initial accessibility plan 69 (1) A regulated entity – other than a regulated entity referred to in any of subsections 42(1), 51(1) and 60(1) — must, before the expiry of one year after the day fixed or determined by regulations made under subsection 117(1) that apply to that regulated entity, prepare and publish, in accordance with this Act and regulations made under subsection 117(1), an accessibility plan respecting (a) its policies, programs, practices and services in relation to the identification and removal of barriers, and the prevention of new barriers, in the areas referred to in paragraphs 5(a) to (g); and
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Chapter 10: Accessible Canada Act PART 4 Duties of Regulated Entities Other Regulated Entities Accessibility Plans — Regulations Under This Act Section 69
(b) the provisions of regulations made under subsection 117(1) that apply to it. Updated accessibility plan (2) The regulated entity must prepare and publish, in accordance with this Act and regulations made under subsection 117(1), an updated version of its accessibility plan no later than the third anniversary of the day on which the plan was last published or before the expiry of the applicable period prescribed by regulations made under that subsection. Notice to Accessibility Commissioner (3) The regulated entity must notify the Accessibility
Commissioner, within the time and in the manner prescribed in regulations made under subsection 117(1), of the publication of every version of its accessibility plan. Duty to consult (4) The regulated entity must consult persons with disabilities in the preparation of its accessibility plan and every updated version of its accessibility plan.
Manner of consultation (5) The accessibility plan must set out the manner in which the regulated entity consulted persons with disabilities in the preparation of the plan.
Applicable requirements (6) The accessibility plan need not address a requirement that applies to the regulated entity and that is set out in regulations made under subsection 117(1) unless the requirement has been in force at least three months before the day on which the accessibility plan must be published. Duty to make plan available on request (7) If a person makes a request in accordance with subsection (8), the regulated entity must, within the time prescribed by regulations made under subsection 117(1), make its accessibility plan available to the person in the format prescribed by regulations made under that subsection that is indicated in the request.
Conditions (8) The request must be made in the form and manner prescribed by regulations made under subsection 117(1) and must indicate the format prescribed by regulations made under that subsection in which the accessibility plan is to be made available to the person making the request.
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Chapter 10: Accessible Canada Act PART 4 Duties of Regulated Entities Other Regulated Entities Accessibility Plans — Regulations Under This Act Sections 69-71
Principles (9) The regulated entity must take into account the principles set out in section 6 when it prepares an accessibility plan or an updated version of its accessibility plan.
Feedback Establishment of process 70 (1) A regulated entity — other than a regulated entity
referred to in any of subsections 42(1), 51(1) and 60(1) — must establish a process for receiving feedback about the following and for dealing with that feedback: (a) the manner in which the regulated entity is implementing its accessibility plan; and (b) the barriers encountered by the regulated entity’s
employees and by other persons that deal with the regulated entity. Publication (2) The regulated entity must publish a description of its
process in accordance with regulations made under subsection 117(1). Notice to Accessibility Commissioner (3) The regulated entity must notify the Accessibility
Commissioner, within the time and in the manner prescribed in regulations made under subsection 117(1), of the publication of the description of every version of its process.
Progress Reports Obligation 71 (1) A regulated entity — other than a regulated entity referred to in any of subsections 42(1), 51(1) and 60(1) — must prepare and publish, in accordance with this Act and regulations made under subsection 117(1), a progress report respecting its implementation of its accessibility plan.
Notice to Accessibility Commissioner (2) The regulated entity must notify the Accessibility Commissioner, within the time and in the manner prescribed in regulations made under subsection 117(1), of the publication of its progress report.
Duty to consult (3) The regulated entity must consult persons with disabilities in the preparation of its progress report.
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Manner of consultation (4) The progress report must set out the manner in which the regulated entity consulted persons with disabilities in the preparation of its progress report.
Feedback information (5) The progress report must set out information concerning the feedback received by the regulated entity through its feedback process and how that feedback was taken into consideration. Duty to make progress report available on request (6) If a person makes a request in accordance with subsection (7), the regulated entity must, within the time prescribed by regulations made under subsection 117(1), make its progress report available to the person in the format prescribed by regulations made under that subsection that is indicated in the request.
Conditions (7) The request must be made in the form and manner prescribed by regulations made under subsection 117(1) and must indicate the format prescribed by regulations made under that subsection in which the progress report is to be made available to the person making the request.
Exemptions Power to exempt 72 (1) The Minister may, by order, exempt any regulated entity or class of regulated entities from the application of all or any part of sections 69 to 71, on any terms that the Minister considers necessary. The order ceases to have effect on the earlier of the end of the period of three years that begins on the day on which the order is made and the end of any shorter period specified in the order. Copy to Accessibility Commissioner (2) The Minister must provide the Accessibility Commissioner with a copy of every order made under subsection (1).
Non-application of Statutory Instruments Act (3) The Statutory Instruments Act does not apply to an
order made under subsection (1) in respect of a regulated entity, but the order must be published in the Canada Gazette and the reasons for the making of the order must be made available to the public.
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Chapter 10: Accessible Canada Act PART 5 Administration and Enforcement Section 73
PART 5
Administration and Enforcement Inspections Power to enter 73 (1) Subject to subsection (7), the Accessibility Commissioner may, for a purpose related to verifying compliance or preventing non-compliance with any of sections 47 to 49, 56 to 58, 65 to 67 and 69 to 71 or any provision of regulations made under subsection 117(1), enter any place, including a conveyance, in which he or she has reasonable grounds to believe there is any record, report, electronic data or other document, or any information or thing, relevant to that purpose.
Other powers (2) The Accessibility Commissioner may, for that purpose, (a) open and examine any receptacle or package found in the place; (b) examine anything found in the place; (c) examine any record, report, electronic data or other document that is found in the place and make copies of it or take extracts from it; (d) use or cause to be used any computer system at
the place to examine any electronic data referred to in paragraph (c); (e) reproduce any document from any electronic data referred to in paragraph (c), or cause it to be reproduced, in the form of a printout or other output; (f) take the record, report or other document referred to in paragraph (c) or the printout or other output referred to in paragraph (e) for examination or copying; (g) use or cause to be used any copying equipment at the place to make copies of any document; (h) take photographs and make recordings and sketches; (i) order the owner or person having possession of any
thing to which any provision of regulations made under subsection 117(1) applies that is found in that
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Chapter 10: Accessible Canada Act PART 5 Administration and Enforcement Inspections Section 73
place to move it or, for any time that may be necessary, not to move it or to restrict its movement; (j) order the owner or person having possession of any
conveyance that is found in the place to stop the conveyance, to move it or, for any time that may be necessary, not to move it or to restrict its movement; (k) order any person in that place to establish their
identity to the Accessibility Commissioner’s satisfaction, or to the satisfaction of the Accessibility Commissioner’s delegate, as the case may be; and (l) order a person in that place to start any activity
that is necessary for the purpose of the inspection or to stop any activity that impedes the inspection.
Means of telecommunication (3) For the purposes of subsection (1), the Accessibility
Commissioner is considered to have entered a place when accessing it remotely by a means of telecommunication. Limitation — place not accessible to the public (4) The Accessibility Commissioner who, by a means of telecommunication, accesses remotely a place that is not accessible to the public must do so with the knowledge of the owner or person in charge of the place and must be remotely in the place for no longer than the period necessary for the purpose referred to in subsection (1).
Accompanying individual (5) The Accessibility Commissioner may be accompanied
by any other individual the Accessibility Commissioner believes is necessary to help him or her exercise his or her powers or perform his or her duties or functions under this section. Entering private property (6) The Accessibility Commissioner and any individual
accompanying him or her may enter and pass through private property, other than a dwelling-house on that property, in order to gain entry to a place referred to in subsection (1). For greater certainty, they are not liable for doing so. Consent required to enter dwelling-house (7) In the case of a dwelling-house, the Accessibility
Commissioner may enter it only with the consent of an occupant.
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Chapter 10: Accessible Canada Act PART 5 Administration and Enforcement Inspections Sections 73-75
Assistance (8) The owner or other person in charge of a place entered by the Accessibility Commissioner or his or her delegate under subsection (1) and every individual found in the place must give the Accessibility Commissioner or the delegate, as the case may be, all reasonable assistance in the individual’s power and provide the Accessibility Commissioner or delegate with any information that the Accessibility Commissioner or delegate may reasonably require.
Production Order Power to order production 74 (1) The Accessibility Commissioner may, for a purpose related to verifying compliance or preventing noncompliance with any of sections 47 to 49, 56 to 58, 65 to 67 and 69 to 71 or any provision of regulations made under subsection 117(1), make an order requiring a regulated entity to produce, at the time and place specified in the order, for examination or copying, any record, report, electronic data or other document that the Accessibility Commissioner has reasonable grounds to believe contains information that is relevant to that purpose.
Copies (2) The Accessibility Commissioner may (a) make copies or take extracts from the record, report, electronic data or other document produced under an order made under subsection (1); and (b) reproduce any document from such electronic data, or cause it to be reproduced, in the form of a printout or other output.
Compliance Order Power to order termination of contravention 75 (1) If the Accessibility Commissioner has reasonable grounds to believe that a regulated entity is contravening or has contravened any of sections 47 to 49, 56 to 58, 65 to 67 and 69 to 71 or any provision of regulations made under subsection 117(1), he or she may make a compliance order requiring the regulated entity to terminate the contravention within the time specified in the order or to take any step specified in the order, within the time specified in the order, to ensure that the contravention does not continue or reoccur.
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Chapter 10: Accessible Canada Act PART 5 Administration and Enforcement Compliance Order Sections 75-77
Copy (2) The Accessibility Commissioner must cause the regulated entity to be served with a copy of the order. Request for review 76 (1) Subject to any other provision of this section, an order that is made under section 75 must be reviewed by the Accessibility Commissioner on the written request of the regulated entity to which the order is addressed.
Contents and time for making request (2) The request must be made within the time and in the
manner specified in the order and state the grounds for review and set out the evidence that supports those grounds. Order in effect (3) An order made under section 75 continues to apply
during a review unless the Accessibility Commissioner decides otherwise.
Decision on completion of review (4) On completion of a review, the Accessibility Commissioner must confirm, amend, revoke or cancel the order. Notice of decision (5) The Accessibility Commissioner must cause the regulated entity to be served with a notice setting out the Accessibility Commissioner’s decision under subsection (4) and the reasons for it.
Administrative Monetary Penalties Commission — regulated entity 77 (1) Every regulated entity that contravenes any of the following commits a violation and is liable to a warning or to a penalty fixed in accordance with regulations made under subsection 91(1): (a) any of subsections 47(1) to (4) and (7), 48(1) to (3),
49(1) to (3) and (6), 56(1) to (4) and (7), 57(1) to (3), 58(1) to (3) and (6), 65(1) to (4) and (7), 66(1) to (3), 67(1) to (3) and (6), 69(1) to (4) and (7), 70(1) to (3), 71(1) to (3) and (6) and 73(8) and sections 124 to 126; (b) an order made under section 74; (c) an order made under subsection 75(1) or amended
under subsection 76(4); and (d) a provision of regulations made under subsection 117(1).
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Commission — person (2) Every person that contravenes an order made under
any of paragraphs 73(2)(i) to (l) or contravenes subsection 73(8) or section 124 or 125 commits a violation and is liable to a warning or to a penalty fixed in accordance with regulations made under subsection 91(1).
Exception (3) Subsection (2) does not apply to a specified person
as defined in subsection 140(11). Purpose of penalty 78 The purpose of a penalty is to promote compliance with this Act and not to punish.
Issuance of notice of violation 79 (1) If the Accessibility Commissioner has reasonable
grounds to believe that a regulated entity or person has committed a violation, the Accessibility Commissioner may issue, and must cause to be served on the regulated entity or person, a notice of violation that names the regulated entity or person, identifies the violation and (a) contains a warning; or (b) sets out (i) the penalty for the violation that the regulated entity or person is liable to pay, (ii) the particulars concerning the time and manner
of payment of the penalty, and (iii) the lesser amount that may be paid in complete satisfaction of the penalty if paid within the time and manner specified in the notice.
Summary of rights and obligations (2) The notice of violation must also summarize, in plain language, the rights and obligations of the regulated entity or person under this Part, including their right referred to in subsection 80(1), or their rights referred to in subsection 81(2), and the procedure for exercising that right, or those rights, as the case may be.
Warning — right to request review 80 (1) A regulated entity or person that is served with a notice of violation that sets out a warning may, within the time and in the manner specified in the notice, request a review of the acts or omissions that constitute the violation.
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Warning — right not exercised (2) If a regulated entity or person that is served with a notice of violation that contains a warning does not exercise the right referred to in subsection (1) within the time and in the manner specified in the notice, they are deemed to have committed the violation identified in the notice of violation.
Notices with penalty — payment 81 (1) If a notice of violation sets out a penalty and the
regulated entity or person named in the notice pays, within the time and in the manner specified in the notice, the amount of the penalty or the lesser amount set out in the notice, (a) they are deemed to have committed the violation
in respect of which the amount is paid; (b) the Accessibility Commissioner must accept that
amount in complete satisfaction of the penalty; and (c) the proceedings commenced in respect of the violation are ended. Alternatives to payment (2) Instead of paying the penalty set out in a notice of violation or the lesser amount that may be paid in lieu of the penalty, the regulated entity or person named in the notice may, within the time and in the manner specified in the notice, (a) request to enter into a compliance agreement with the Accessibility Commissioner for the purpose of ensuring their compliance with the provisions of this Act or of regulations made under subsection 117(1), or the order, to which the violation relates; or (b) request a review of the acts or omissions that constitute the violation or of the amount of the penalty. Deeming (3) If a regulated entity or person that is served with a notice of violation does not exercise any right referred to in subsection (2) within the time and in the manner specified in the notice, they are deemed to have committed the violation identified in the notice.
Entering into compliance agreements 82 (1) After considering a request made under paragraph 81(2)(a), the Accessibility Commissioner may enter into a compliance agreement, as described in that paragraph, with the regulated entity or person making the request on any terms that the Accessibility Commissioner considers appropriate. The terms may
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(a) include a provision for the deposit of reasonable
security, in a form and amount satisfactory to the Accessibility Commissioner, as a guarantee that the regulated entity or person will comply with the compliance agreement; and (b) provide for the reduction, in whole or in part, of the penalty for the violation.
Deeming (2) A regulated entity or person that enters into a compliance agreement is, on doing so, deemed to have committed the violation in respect of which the compliance agreement was entered into. Notice of compliance (3) If the Accessibility Commissioner is satisfied that a
regulated entity or person that has entered into a compliance agreement has complied with it, the Accessibility Commissioner must cause the regulated entity or person to be served with a notice of compliance, and once it is served, (a) the proceedings commenced in respect of the violation are ended; and (b) any security given under the compliance agreement must be returned to them.
Notice of default (4) If the Accessibility Commissioner is of the opinion that a regulated entity or person that has entered into a compliance agreement has not complied with it, the Accessibility Commissioner must cause the regulated entity or person to be served with a notice of default informing them of one of the following: (a) that instead of being liable to pay the amount of the penalty set out in the notice of violation in respect of which the compliance agreement was entered into, they are liable to pay, within the time and in the manner set out in the notice of default, and without taking account of the limit set out in subsection 91(2), an amount that is twice the amount of that penalty; (b) that the security, if any, given under the compliance agreement will be forfeited to Her Majesty in right of Canada. Effect of service of notice of default — payment (5) If served with a notice of default under paragraph (4)(a), the regulated entity or person may not deduct from the amount set out in the notice of default any amount they spent under the compliance agreement and they are liable to pay the amount set out in the notice of
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default within the time and in the manner specified in the notice of default. Effect of service of notice of default — forfeiture (6) If served with a notice of default under paragraph
(4)(b), the security is forfeited to Her Majesty in right of Canada and the proceedings commenced in respect of the violation are ended. Effect of payment (7) If the regulated entity or person pays the amount set
out in the notice of default within the time and in the manner specified in the notice of default, the Accessibility Commissioner must accept the amount in complete satisfaction of the amount owing in respect of the violation and the proceedings commenced in respect of the violation are ended. Refusal to enter into compliance agreement 83 (1) If the Accessibility Commissioner refuses to enter
into a compliance agreement requested under paragraph 81(2)(a), the regulated entity or person that made the request is liable to pay, within the time and in the manner specified in the notice of violation, the amount of the penalty set out in the notice of violation. Effect of payment (2) If the regulated entity or person pays the amount set
out in the notice of violation within the time and in the manner specified in the notice of violation, (a) they are deemed to have committed the violation
in respect of which the amount is paid; (b) the Accessibility Commissioner must accept the amount in complete satisfaction of the penalty in respect of the violation; and (c) the proceedings commenced in respect of the violation are ended.
Deeming (3) If the regulated entity or person does not pay the
amount set out in the notice of violation within the time and in the manner specified in the notice of violation, they are deemed to have committed the violation identified in the notice of violation. Review — with respect to facts 84 (1) On completion of a review requested under subsection 80(1), or under paragraph 81(2)(b) with respect to the acts or omissions that constitute the violation, the Accessibility Commissioner must determine, on a balance
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of probabilities, whether the regulated entity or person that requested the review committed the violation. Violation not committed — effect (2) If the Accessibility Commissioner determines under subsection (1) that the regulated entity or person did not commit the violation, the proceedings commenced in respect of it are ended.
Violation committed — penalty (3) If the Accessibility Commissioner determines that the regulated entity or person committed the violation, and a penalty was set out in the notice of violation, the Accessibility Commissioner must determine whether the amount of the penalty was fixed in accordance with regulations made under subsection 91(1) and (a) if the Accessibility Commissioner determines that
it was correctly fixed, he or she must confirm the amount of the penalty; and (b) if the Accessibility Commissioner determines that
it was not correctly fixed, he or she must correct the amount. Notice of decision (4) The Accessibility Commissioner must cause the regulated entity or person to be served with a notice that sets out the Accessibility Commissioner’s decision under this section and the reasons for it and, if the amount of the penalty was confirmed or corrected by the Accessibility Commissioner, the time and manner in which that amount is to be paid.
Payment (5) The regulated entity or person is liable to pay, within
the time and in the manner specified in the notice, the amount of the penalty confirmed or corrected by the Accessibility Commissioner. Effect of payment (6) If a regulated entity or person pays the amount referred to in subsection (5), the Accessibility Commissioner must accept the amount in complete satisfaction of the penalty in respect of the violation and the proceedings commenced in respect of the violation are ended.
Certain defences not available 85 (1) A regulated entity or person named in a notice of
violation does not have a defence by reason that they (a) exercised due diligence to prevent the violation; or
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(b) reasonably and honestly believed in the existence
of facts that, if true, would exonerate them. Common law principles (2) Every rule and principle of the common law that renders any circumstance a justification or excuse if the act or omission to which the violation relates could have been the subject of a charge for an offence under this Act but for section 127 applies in respect of a violation to the extent that it is not inconsistent with this Act.
Party to violation 86 If a regulated entity commits a violation, any of the following persons that directed, authorized, assented to, acquiesced in or participated in the commission of the violation is a party to and liable for the violation whether or not the regulated entity is proceeded against under this Act: (a) an officer, director, agent or mandatary of the regulated entity; (b) a senior official of the regulated entity; or (c) any other person authorized to exercise managerial or supervisory functions on behalf of the regulated entity. Employees or agents or mandataries 87 A regulated entity is liable for a violation that is committed by any of their employees or agents or mandataries acting in the course of their employment or the scope of their authority as agent or mandatary, whether or not the employee or agent or mandatary that actually committed the violation is identified.
Continuing violation 88 A violation that is committed or continued on more than one day constitutes a separate violation in respect of each day on which it is committed or continued.
Evidence 89 In any proceeding in respect of a violation, a notice of
violation purporting to be issued under this Act is admissible in evidence without proof of the signature or official character of the individual purporting to have signed the notice of violation. Limitation period or prescription 90 No proceedings in respect of a violation may be commenced after the expiry of two years after the day on which the subject matter of the proceedings arose.
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Regulations 91 (1) The Governor in Council may make regulations (a) classifying each violation as a minor violation, a serious violation or a very serious violation; (b) fixing a penalty, or a range of penalties, in respect of each violation; (c) establishing criteria to be considered in determining the amount of the penalty if a range of penalties is established; (d) respecting the determination of a lesser amount
for the purposes of subparagraph 79(1)(b)(iii) and the time and manner in which it is to be paid; (e) respecting the circumstances under which, the criteria by which and the manner in which a penalty for a violation may be reduced under the terms of a compliance agreement entered into under subsection 82(1); (f) respecting the circumstances under which reviews
under section 84 are to be oral or in writing; and (g) specifying information for the purposes of section
93. Paragraph (1)(b) (2) The maximum penalty in respect of a violation that
may be fixed under regulations made under paragraph (1)(b) is $250,000. Powers regarding notices of violation 92 The Accessibility Commissioner may establish the form of notices of violation and establish, in respect of each violation, a short-form description to be used in notices of violation.
Publication 93 The Accessibility Commissioner may make public (a) the name of a regulated entity or person that is determined under section 84, or that is deemed by this Act, to have committed a violation; (b) the nature of the violation; (c) the amount of the penalty imposed, if any; and (d) any other information specified in regulations made under subsection 91(1).
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PART 6
Remedies Filing of Complaint Right to file complaint 94 (1) Any individual that has suffered physical or psychological harm, property damage or economic loss as the result of — or that has otherwise been adversely affected by — a contravention by a regulated entity of any provision of regulations made under subsection 117(1) may file with the Accessibility Commissioner a complaint that is in a form acceptable to the Accessibility Commissioner.
Exception — Federal Public Sector Labour Relations Act — employee (2) An employee, as defined in subsection 2(1) of the Federal Public Sector Labour Relations Act, is not entitled to file a complaint in respect of a contravention of any provision of regulations made under subsection 117(1) if he or she is entitled to present an individual grievance in respect of that contravention under section 208 of that Act, determined without taking into account subsection 208(2) of that Act and the definition of employee in subsection 206(1) of that Act.
Exception — Federal Public Sector Labour Relations Act — RCMP member (3) An employee, as defined in subsection 2(1) of the Federal Public Sector Labour Relations Act, that is an RCMP member is not entitled to file a complaint in respect of a contravention of any provision of regulations made under subsection 117(1) if he or she is entitled to present an individual grievance in respect of that contravention under section 238.24 of that Act, determined without taking into account subsection 208(2) of that Act.
Exception — Public Service Employment Act (4) An individual is not entitled to file a complaint in respect of a contravention of any provision of regulations made under subsection 117(1) if he or she is entitled to make a complaint in respect of that contravention under section 65 or 77 of the Public Service Employment Act.
Notice (5) The Accessibility Commissioner must cause a written notice of a complaint to be served on the regulated entity against which the complaint was made.
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Chapter 10: Accessible Canada Act PART 6 Remedies Investigation Sections 95-98
Investigation Power to conduct investigation 95 The Accessibility Commissioner may conduct an investigation into a complaint filed under subsection 94(1) unless it appears to him or her that (a) the complainant ought to exhaust grievance or review procedures otherwise reasonably available; (b) the complaint is one that could more appropriately
be dealt with, initially or completely, according to a procedure provided for under an Act of Parliament other than this Act; (c) the complaint is beyond the jurisdiction of the Accessibility Commissioner; (d) the complaint is trivial, frivolous, vexatious or made in bad faith; or (e) the complaint is based on acts or omissions the
complainant became aware of more than one year, or any longer period of time that the Accessibility Commissioner considers appropriate in the circumstances, before the filing of the complaint. Notice 96 (1) The Accessibility Commissioner must cause a
written notice advising of whether or not he or she has decided to investigate a complaint to be served on the complainant and the regulated entity against which the complaint was made. Time and manner for application for review (2) If the Accessibility Commissioner’s decision is that
the complaint will not be investigated, the notice must specify the time within which and the manner in which an application may be made for a review of the decision. Joint investigation 97 If the Accessibility Commissioner is of the opinion that two or more complaints involve substantially the same issues of fact, he or she may conduct a joint investigation into the complaints.
Powers of Accessibility Commissioner 98 In the conduct of an investigation of a complaint, the Accessibility Commissioner may (a) summon and enforce the appearance of persons
before the Accessibility Commissioner and compel them to give oral or written evidence on oath and to produce any records and things that the Accessibility
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Commissioner considers necessary to investigate the complaint, in the same manner and to the same extent as a superior court of record; (b) administer oaths; (c) receive and accept any evidence and other information, whether on oath, by affidavit or otherwise, that the Accessibility Commissioner sees fit, whether or not it is or would be admissible in a court of law; (d) enter any place — including a conveyance — other than a dwelling-house; (e) converse in private with any person in any place entered under paragraph (d) and otherwise carry out in that place any inquiries that the Accessibility Commissioner sees fit; and (f) exercise any of the powers referred to in any of
paragraphs 73(2)(a) to (l). Dispute resolution mechanisms 99 The Accessibility Commissioner may attempt to resolve complaints by means of a dispute resolution mechanism. Discontinuance of investigation 100 (1) The Accessibility Commissioner may discontinue the investigation of a complaint if he or she is of the opinion that (a) there is insufficient evidence to pursue the investigation; (b) any of the circumstances mentioned in paragraphs
95(a) to (e) applies; or (c) the matter has been resolved — by means of a dispute resolution mechanism or otherwise — by the complainant and the regulated entity.
Notice (2) The Accessibility Commissioner must cause the complainant and the regulated entity to be served with written notice of the discontinuance of the investigation that sets out the reasons for the discontinuance and that specifies the time within which and the manner in which an application may be made for a review of the decision to discontinue the investigation. Complaint dismissed 101 (1) At the conclusion of an investigation, the Accessibility Commissioner must dismiss the complaint if he or she finds that the complaint is not substantiated.
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Notice (2) The Accessibility Commissioner must cause the complainant and the regulated entity to be served with a written notice of the dismissal of the complaint that sets out the reasons for the dismissal and that specifies the time within which and the manner in which an application may be made for an appeal of the decision to dismiss the complaint. Complaint substantiated 102 (1) If, at the conclusion of an investigation, the Accessibility Commissioner finds that the complaint is substantiated, he or she may order the regulated entity to do one or more of the following: (a) take the appropriate corrective measures specified in the order; (b) make available to the complainant, on the first
reasonable occasion, the rights, opportunities or privileges that were denied to the complainant as a result of the contravention to which the complaint relates; (c) pay compensation to the complainant for any or all of the wages that they were deprived of and for any or all of the expenses incurred by the complainant as a result of the contravention; (d) pay compensation to the complainant for any or all additional costs of obtaining alternative goods, services, facilities or accommodation, and for any or all of the expenses incurred by the complainant, as a result of the contravention; (e) pay compensation to the complainant in an amount that is not more than the amount referred to in subsection (2) for any pain and suffering that the complainant experienced as a result of the contravention; (f) pay to the complainant an amount that is not more
than the amount referred to in subsection (2), if the Accessibility Commissioner determines that the contravention is the result of a wilful or reckless practice. Amount (2) The amount, for the purposes of each of paragraphs (1)(e) and (f), is (a) for the calendar year during which subsection (1) comes into force, $20,000; and (b) for each subsequent calendar year, the amount
that is equal to the product obtained by multiplying
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(i) the amount determined under this subsection
for the preceding calendar year by (ii) the ratio that the Consumer Price Index for the preceding calendar year bears to the Consumer Price Index for the calendar year before that preceding calendar year.
Definition of Consumer Price Index (3) In subsection (2), Consumer Price Index, for a calendar year, means the average of the Consumer Price Index for Canada, as published by Statistics Canada under the authority of the Statistics Act, for each month in the calendar year.
Amount to be published (4) The Accessibility Commissioner must, as soon as it is
determined, publish the amount that is the amount for the purposes of paragraphs (1)(e) and (f) for each calendar year after the year during which subsection (1) comes into force. Interest (5) An order to pay compensation under paragraph
(1)(c) or (d) may include an award of interest at a rate and for a period that the Accessibility Commissioner considers appropriate. Copy (6) The Accessibility Commissioner must cause the complainant and the regulated entity to be served with a copy of the order made under subsection (1) and a notice that specifies the time within which and the manner in which an application may be made for an appeal of the order. Review by Accessibility Commissioner 103 (1) The Accessibility Commissioner may, on application made within the time and in the manner specified in the notice served under section 96 or 100, as the case may be, review a decision under section 95 not to investigate a complaint or a decision under section 100 to discontinue an investigation.
Representations (1.1) The complainant must be given the opportunity to make representations to the officer or employee conducting the review in a manner that is accessible to the complainant.
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Powers (2) After concluding the review, the Accessibility Commissioner must (a) confirm the decision not to investigate the complaint; (b) investigate the complaint; (c) confirm the decision to discontinue the investigation; or (d) continue the investigation.
Notice (3) The Accessibility Commissioner must cause the complainant and the regulated entity to be served with a written notice that sets out the Accessibility Commissioner’s decision under subsection (2) and the reasons for it. Decision final (4) Every decision made by the Accessibility Commissioner under any of paragraphs (2)(a) to (d) is final and is not to be questioned or reviewed in any court. Appeal 104 (1) A complainant or regulated entity that is affected by a decision made under section 101 or an order made under subsection 102(1) may appeal the decision or order to the Canadian Human Rights Tribunal, in writing, within 30 days after the day on which a copy of the order or notice of the decision is served or any longer period — that is not more than 60 days after that day — that the Canadian Human Rights Tribunal considers appropriate in the circumstances.
Nature of appeal (1.1) The appeal lies on any ground of appeal that involves a question of law or fact alone, or a question of mixed law and fact, including a principle of natural justice. Grounds of appeal (2) The request for appeal must contain a statement of
the grounds of appeal and set out the evidence that supports those grounds. Assignment of member 105 (1) On receipt of an application for an appeal, the Chairperson of the Canadian Human Rights Tribunal must assign a member of the Tribunal to hear the appeal, but the Chairperson may assign a panel of three members of the Tribunal to hear the appeal if he or she
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considers that the complexity of the matters under appeal requires three members. Chair of panel (2) If a panel of three members is assigned, the Chairperson must designate one of them to be its chair, but the Chairperson is to be the chair if he or she is a member of the panel. Decision 106 (1) The member or panel of members of the Canadian Human Rights Tribunal assigned to hear the appeal may, by order, confirm, vary, give the decision that the Accessibility Commissioner should have given or rescind the decision or order to which the appeal relates or refer the complaint back to the Accessibility Commissioner for reconsideration in accordance with any direction the Canadian Human Rights Tribunal may give. Nature of appeal (1.1) An appeal shall be on the merits based on the
record of the proceedings before the Accessibility Commissioner, but the member or panel of members of the Canadian Human Rights Tribunal shall allow arguments and, if he, she or it considers it necessary for the purposes of the appeal, shall hear evidence not previously available. Panel’s decision (2) A decision made by a majority of the members of the
panel is the decision of the panel or, if no decision is supported by the majority, the decision of the panel’s chair is the decision of the panel. Copy (3) A copy of the order made by the member or panel of
members of the Canadian Human Rights Tribunal must be provided to the Accessibility Commissioner and the parties to the appeal. Decision final (4) Every decision made under subsection (1) is final and
is not to be questioned or reviewed in any court. Report of activities 107 The Canadian Human Rights Tribunal must include in its annual report referred to in subsection 61(3) of the Canadian Human Rights Act a report of its activities under this Act during the year.
Regulations 108 The Governor in Council may make regulations
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(a) prescribing the procedures to be followed by the
Accessibility Commissioner when conducting an investigation; and (b) governing the manner in which complaints are to
be investigated by the Accessibility Commissioner.
General Duty to act informally and expeditiously 109 The Accessibility Commissioner must deal with complaints filed under subsection 94(1) and applications made under subsection 103(1) as informally and expeditiously as the circumstances and considerations of fairness and natural justice permit.
Disclosure of personal information 110 For the purpose of the administration of Part III of the Canadian Human Rights Act, the Accessibility Commissioner may disclose to any officer or employee of the Canadian Human Rights Commission any personal information that is contained in a complaint filed with the Accessibility Commissioner.
PART 7
Chief Accessibility Officer Appointment Special advisor 111 (1) The Governor in Council may appoint, on a fulltime basis, a special adviser to the Minister to be called the Chief Accessibility Officer. Tenure of office (2) The Chief Accessibility Officer holds office during
good behaviour, for a term of not more than five years, but may be removed for cause at any time by the Governor in Council. Reappointment (3) The Chief Accessibility Officer is eligible to be re-appointed for a maximum of two further terms of office. Absence or incapacity of Chief Accessibility Officer (4) In the event of the absence or incapacity of the Chief Accessibility Officer, or if the office of Chief Accessibility
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Officer is vacant, the Minister may authorize a person to act as Chief Accessibility Officer, but no person so authorized has authority to act for a term of more than 90 days without the Governor in Council’s approval.
Remuneration and Expenses Remuneration and expenses 112 (1) The Chief Accessibility Officer is to be paid the remuneration that is fixed by the Governor in Council and is entitled to be paid reasonable travel and living expenses incurred while absent from his or her ordinary place of work in the course of performing his or her duties under this Act.
Benefits (2) The Chief Accessibility Officer is deemed to be employed in the public service for the purposes of the Public Service Superannuation Act, an employee for the purposes of the Government Employees Compensation Act and employed in the federal public administration for the purposes of regulations made under section 9 of the Aeronautics Act.
Duties and Functions Advice 113 The Chief Accessibility Officer may — or, if requested to do so by the Minister, must — provide information or advice to the Minister in respect of systemic or emerging accessibility issues.
Special report 114 (1) The Chief Accessibility Officer may — or, if requested to do so by the Minister, must — report in writing to the Minister in respect of systemic or emerging accessibility issues. Publication (2) The Chief Accessibility Officer may, after the sixtieth
day after the day on which it was provided, publish any report that he or she provided to the Minister. Assistance 115 The Accessibility Commissioner, the Canadian Transportation Agency, the Canadian Radio-television and Telecommunications Commission, the Canadian Human Rights Commission, the Federal Public Sector Labour Relations and Employment Board and the Standards Organization must take all reasonable steps to assist the Chief Accessibility Officer in the performance of his or her duties and functions.
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Annual report 116 (1) The Chief Accessibility Officer must, after the end of each fiscal year but no later than December 31 following the end of that fiscal year, submit to the Minister a report on (a) the outcomes achieved by this Act during that fiscal year; and (b) systemic or emerging accessibility issues.
Tabling (2) The Minister must cause the report to be laid before
each House of Parliament on any of the first 15 days on which that House is sitting after the report is received by the Minister.
PART 8
General Regulations Regulations 117 (1) Subject to sections 118 to 120, the Governor in Council may make regulations (a) defining, for the purposes of this Act, any term that is used but not defined in this Act; (b) designating areas for the purposes of paragraph
5(g); (c) establishing standards intended to remove barriers and to improve accessibility in the areas referred to in section 5; (d) imposing obligations or prohibitions on regulated
entities for the purpose of identifying or removing barriers or preventing new barriers; (e) fixing or determining, for the purposes of subsections 47(1), 56(1), 65(1) and 69(1), a day in respect of a regulated entity; (f) specifying the form in which the accessibility plans
required by subsections 47(1) and (2), 56(1) and (2), 65(1) and (2) and 69(1) and (2) are to be prepared and the manner in which they are to be published; (f.1) respecting the feedback process required by subsections 48(1), 57(1), 66(1) and 70(1);
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(g) specifying the form and manner in which descriptions of the feedback process required by subsections 48(1), 57(1), 66(1) and 70(1) are to be published; (h) specifying the form in which progress reports required by subsections 49(1), 58(1), 67(1) and 71(1) are to be prepared and the time and manner in which they are to be published; (i) respecting the records, reports, electronic data or other documents that are required to be prepared, retained or provided by regulated entities and (i) the time, manner or place in which they are to
be prepared and retained, or (ii) the time, manner or form in which they are to be provided; (j) respecting the making, serving, filing and manner
of proving service of any notice, order, report or other document referred to in this Act or regulations made under this subsection; (k) respecting the circumstances under which reviews
under section 76 are to be oral or in writing; (l) exempting, on any terms that are specified in the regulations, in whole or in part, any of the following, or any class of the following, from the application of all or any part of sections 47 to 49, 56 to 58, 65 to 67 and 69 to 71 or all or any provision of regulations made under this subsection: (i) a regulated entity, (ii) a built environment, (iii) an object, (iv) a work, undertaking or business that is within
the legislative authority of Parliament, (v) an activity conducted by a regulated entity, and (vi) a location; and (m) prescribing anything that is to be prescribed by any of sections 39, 47 to 49, 56 to 58, 65 to 67 and 69 to 71.
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Obligation (1.1) The Governor in Council must make at least one
regulation under any of paragraphs (1)(e) to (h) within the period of two years that begins on the day on which this subsection comes into force. Distinguishing — classes (2) Regulations made under subsection (1) may distinguish among different classes of regulated entities.
Paragraph (1)(c) (3) A standard established in regulations made under
paragraph (1)(c) may be general or specific in its application and may be limited as to time and location.
Incorporation by reference — limitation removed (4) The limitation set out in paragraph 18.1(2)(a) of the
Statutory Instruments Act to the effect that a document must be incorporated as it exists on a particular date does not apply to the powers to make regulations under paragraph (1)(c). Limited application — broadcasting 118 (1) Subject to subsections (2) and (3), regulations
made under subsection 117(1) apply in respect of a regulated entity that carries on a broadcasting undertaking only if the regulations relate to the identification, prevention and removal of barriers in the areas referred to in paragraphs 5(a), (b), (f) and (g) and in the area referred to in paragraph 5(c.1) as it relates to the areas referred to in those paragraphs.
Non-application — employment equity (2) Regulations made under subsection 117(1) that are in relation to employment do not apply in respect of a regulated entity that carries on a broadcasting undertaking and that is not subject to the Employment Equity Act.
Non-application — areas specified in regulations (3) Regulations made under subsection 117(1) that are in relation to the identification, prevention and removal of barriers in an area referred to in paragraph 5(g) do not apply in respect of a regulated entity that carries on a broadcasting undertaking if requirements in relation to the identification, prevention and removal of barriers in that area apply to the regulated entity under (a) a condition of a licence issued under Part II of the
Broadcasting Act;
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Chapter 10: Accessible Canada Act PART 8 General Regulations Sections 118-120
(b) an order under subsection 9(4) of that Act; or (c) a regulation made under subsection 10(1) of that
Act.
Limited application — telecommunications 119 (1) Subject to subsection (2), regulations made under subsection 117(1) apply in respect of a regulated entity that is a Canadian carrier or a telecommunications service provider only if the regulations relate to the identification, prevention and removal of barriers in the areas referred to in paragraphs 5(a), (b), (f) and (g) and in the area referred to in paragraph 5(c.1) as it relates to the areas referred to in those paragraphs.
Non-application — areas specified in regulations (2) Regulations made under subsection 117(1) that are in
relation to the identification, prevention and removal of barriers in an area referred to in paragraph 5(g) do not apply in respect of a regulated entity that is a Canadian carrier or telecommunications service provider if requirements in relation to the identification, prevention and removal of barriers in that area apply to the regulated entity under a condition imposed under section 24 or 24.1 of the Telecommunications Act or a regulation made under that Act. Limited application — transportation 120 The only regulations made under subsection 117(1) that apply in respect of a regulated entity that is required to comply with any provision of regulations made under subsection 170(1) of the Canada Transportation Act are those that relate to the identification and removal of barriers, and the prevention of new barriers, in the following areas: (a) employment; (b) the built environment, other than a passenger aircraft, passenger train, passenger bus, passenger vessel, aerodrome passenger terminal, railway passenger station, bus passenger station or marine passenger terminal; (c) the procurement of goods, services and facilities
that are not related to the mobility of persons with disabilities; (d) areas designated under regulations made under paragraph 117(1)(b); and (e) the area referred to in paragraph 5(c.1) as it relates
to the areas referred to paragraphs (a) to (d).
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Chapter 10: Accessible Canada Act PART 8 General Regulations Sections 121-122
Exemption 121 (1) On application by a regulated entity, the Minister may, by order and on any terms that he or she considers necessary, (a) exempt a regulated entity from the application of any provision of regulations made under subsection 117(1) if the Minister is satisfied that the regulated entity has taken or will take measures that will result in an equivalent or greater level of accessibility for persons with disabilities; or (b) exempt a class of regulated entities from the application of any provision of regulations made under subsection 117(1) if the Minister is satisfied that all the members of the class have taken or will take measures that will result in an equivalent or greater level of accessibility for persons with disabilities.
The order ceases to have effect on the earlier of the end of the period of three years that begins on the day on which the order is made and the end of any shorter period specified in the order.
Copy to Accessibility Commissioner (2) The Minister must provide the Accessibility Commissioner with a copy of every order made under subsection (1).
Non-application of Statutory Instruments Act (3) The Statutory Instruments Act does not apply to an order made under paragraph (1)(a), but the order must be published in the Canada Gazette and the reasons for the making of the order must be made available to the public.
For greater certainty 121.1 For greater certainty, nothing in any provision of
this Act or the regulations limits a regulated entity’s duty to accommodate under any other Act of Parliament.
Miscellaneous Collaboration — complaints, applications and grievances 122 (1) The Accessibility Commissioner, the Canadian Transportation Agency, the Canadian Radio-television and Telecommunications Commission, the Canadian Human Rights Commission and the Federal Public Sector Labour Relations and Employment Board must work together to put in place mechanisms for the efficient and
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expeditious referral to the appropriate authority of accessibility-related complaints, applications and grievances. Notice of referral (2) If an authority referred to in subsection (1) decides not to deal with a complaint, application or grievance for one of the following reasons and it decides to refer the complaint, application or grievance to the appropriate authority, it must cause a written notice of its decision, and the reasons for it, to be served on the individual that filed the complaint or application, or presented the grievance, and on the individual or entity that is the subject of the complaint, application or grievance: (a) the complaint, application or grievance is one that could more appropriately be dealt with, initially or completely, according to a procedure provided for under any Act of Parliament; or (b) the complaint, application or grievance is beyond
the jurisdiction of the authority required to serve the notice. Suspension of time (3) If an authority causes a notice under subsection (2) to be served, the period that begins on the day on which the complaint or application was filed or the grievance was referred to adjudication and that ends on the day on which the complaint, application, or grievance was referred to the appropriate authority is not to be included in the calculation of any time the individual has to avail themselves of any procedure under any Act of Parliament.
Disclosure of information (4) An authority referred to in subsection (1) may, for the
purpose of implementing the mechanisms referred to in subsection (1), disclose to the appropriate authority any information, including personal information, that is contained in a complaint, application or grievance that it refers to the appropriate authority. Collaboration — policies and practices 123 The Accessibility Commissioner, the Canadian Transportation Agency, the Canadian Radio-television and Telecommunications Commission, the Canadian Human Rights Commission and the Federal Public Sector Labour Relations and Employment Board must work together to foster complementary policies and practices in relation to accessibility-related matters.
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Chapter 10: Accessible Canada Act PART 8 General Miscellaneous Sections 124-128
Obstruction 124 It is prohibited to obstruct, by act or omission, the
Accessibility Commissioner or his or her delegate while they are engaged in the exercise of powers or the performance of duties or functions under this Act. False statements — Accessibility Commissioner 125 It is prohibited to knowingly make any false or misleading statement verbally or in writing to the Accessibility Commissioner, or to his or her delegate, while they are engaged in the exercise of powers or the performance of duties or functions under this Act.
False statements — records, reports, etc. 126 It is prohibited for a regulated entity to knowingly make, or participate in, assent to or acquiesce in the making of a false or misleading statement in any record, report, electronic data or other document that it is required to prepare, retain or provide under this Act.
Section 126 of Criminal Code 127 Section 126 of the Criminal Code does not apply to
or in respect of any contravention of any provision of this Act or of regulations made under subsection 117(1).
Debts to Her Majesty 128 (1) The following amounts constitute debts due to Her Majesty in right of Canada that may be recovered in the Federal Court: (a) costs incurred by Her Majesty in right of Canada
in relation to the inspection of a place or the examination of any thing; (b) the amount of a penalty, from the time the notice
of violation setting out the amount of the penalty is served; (c) every amount undertaken to be paid under a compliance agreement entered into with the Accessibility Commissioner under subsection 82(1), from the time the compliance agreement is entered into; (d) the amount set out in a notice of default referred
to in subsection 82(4), from the time the notice is served; (e) the amount of a penalty confirmed or corrected in
the Accessibility Commissioner’s notice of decision served under subsection 84(4), from the expiry of the time specified in the notice.
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Chapter 10: Accessible Canada Act PART 8 General Miscellaneous Sections 128-131
Limitation period (2) No proceedings to recover a debt referred to in subsection (1) may be commenced after the expiry of five years after the day on which the debt became payable. Debt final (3) A debt referred to in subsection (1) is final and not
subject to review or to be restrained, prohibited, removed, set aside or otherwise dealt with except to the extent and in the manner provided by sections 81 to 84. Certificate of default 129 (1) Any debt referred to in subsection 128(1) in respect of which there is a default of payment, or the part of any such debt that has not been paid, may be certified by the Accessibility Commissioner.
Registration in Federal Court (2) Registration in the Federal Court of a certificate issued under subsection (1) has the same force and effect as a judgment of that court for a debt of the amount specified in the certificate and all related registration costs. Enforcement of order 130 An order made under subsection 75(1) or amended
under subsection 76(4) and an order made under subsection 102(1) or section 106 may, for the purpose of enforcement, be made an order of the Federal Court by following the usual procedure or by the Accessibility Commissioner filing in the Registry of the Court a copy of the order certified by the Accessibility Commissioner to be a true copy. Review by Senate and House of Commons 131 (1) Five years after the day on which the first regulation is made under subsection 117(1), or as soon as feasible after that day, a comprehensive review of the provisions and operation of this Act is to be commenced by a committee of the Senate, of the House of Commons or of both Houses of Parliament that may be designated or established by the Senate, the House of Commons or both Houses of Parliament, as the case may be, for that purpose.
Report (2) Within six months, or any further time that is authorized by the Senate, the House of Commons or both Houses of Parliament, as the case may be, after the day on which the review is commenced, the committee must submit a report on that review to the Senate, the House of Commons or both Houses of Parliament, as the case may be, together with a statement of any changes recommended by the committee.
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Chapter 10: Accessible Canada Act PART 8 General Miscellaneous Sections 132-134
Independent review 132 (1) Five years after the first day on which a report is
submitted under subsection 131(2) to either House of Parliament and every tenth anniversary of that day, the Minister must cause an independent review of the provisions and operation of this Act to be conducted, and must cause a report on the review to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the review is completed.
Duty to consult (2) The person or persons conducting the review must consult the public, persons with disabilities, organizations that represent the interests of persons with disabilities, regulated entities and organizations that represent the interests of regulated entities.
National AccessAbility Week Designation 133 Throughout Canada, in each year, the week starting on the last Sunday in May is to be known as National AccessAbility Week.
PART 9
Parliamentary Entities Definition and Application Definition of parliamentary entity 134 In this Part, parliamentary entity means (a) the Senate, as represented by any committee or person that the Senate by its rules or orders designates for the purposes of this Part; (b) the House of Commons, as represented by the Board of Internal Economy of the House of Commons; (c) the Library of Parliament; (d) the office of the Senate Ethics Officer; (e) the office of the Conflict of Interest and Ethics Commissioner; (f) the Parliamentary Protective Service; and (g) the office of the Parliamentary Budget Officer.
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Chapter 10: Accessible Canada Act PART 9 Parliamentary Entities Definition and Application Sections 135-138
Application of other Parts 135 Parts 4 to 6 and 8 apply in respect of parliamentary entities only to the extent provided for in this Part.
Constituency offices 136 For greater certainty, this Part applies with respect
to the constituency offices of members of the House of Commons.
Parliamentary Powers, Privileges and Immunities Powers, privileges and immunities 137 For greater certainty, nothing in this Act or in any
regulations made under it is to be construed as limiting in any way the powers, privileges and immunities of the Senate and the House of Commons and their members or as authorizing the exercise of a power or the performance of a function or duty under this Act if the exercise of that power or the performance of that function or duty would interfere, directly or indirectly, with the business of the Senate or the House of Commons.
Application Application of Part 4 138 (1) Sections 69 to 71 apply with respect to a parliamentary entity as if it were a regulated entity.
Exemption (2) After consulting with the Accessibility Commissioner,
the Speaker of the Senate or the Speaker of the House of Commons — or, in the case of the Library of Parliament, the Parliamentary Protective Service and the office of the Parliamentary Budget Officer, both Speakers acting jointly — may exempt in writing a parliamentary entity from the application of all or any part of sections 69 to 71, on any terms that the Speaker or Speakers consider necessary. Amendment or revocation (3) The Speaker or Speakers who gave an exemption under subsection (2) must consult with the Accessibility Commissioner before amending it but need not do so before revoking it.
Statutory Instruments Act (4) For greater certainty, an exemption, amendment or
revocation referred to in this section is not a statutory
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Chapter 10: Accessible Canada Act PART 9 Parliamentary Entities Application Sections 138-140
instrument for the purposes of the Statutory Instruments Act. Application of Part 5 — inspection 139 (1) Section 73 applies with respect to a parliamentary entity.
Orders (2) Sections 74 to 76 apply with respect to a parliamentary entity as if it were a regulated entity. Contravention — parliamentary entity 140 (1) The Accessibility Commissioner may issue a notice of contravention to a parliamentary entity, and must cause it to be served with the notice, if the Accessibility Commissioner has reasonable grounds to believe that the parliamentary entity has contravened (a) any of subsections 69(1) to (4) and (7), 70(1) to (3), 71(1) to (3) and (6) and 73(8) and sections 124 to 126; (b) an order made under section 74; (c) an order made under subsection 75(1) or amended under subsection 76(4); or (d) a provision of regulations made under subsection
117(1) that applies with respect to the parliamentary entity. Contravention — specified person (2) The Accessibility Commissioner may issue a notice of contravention to a specified person, and must cause them to be served with the notice, if the Accessibility Commissioner has reasonable grounds to believe that the specified person has contravened an order made under any of paragraphs 73(2)(i) to (l) or has contravened subsection 73(8) or section 124 or 125.
Contents of notice (3) A notice of contravention must (a) name the parliamentary entity or specified person; (b) identify the contravention; (c) summarize, in plain language, the rights and obligations of the parliamentary entity or specified person under this section, including their right to request to enter into a compliance agreement with the Accessibility Commissioner or request a review of the acts or omissions that constitute the contravention; and (d) set out the time and manner — as determined by
the
Accessibility
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Commissioner — in
which
the
Chapter 10: Accessible Canada Act PART 9 Parliamentary Entities Application Section 140
parliamentary entity or specified person may make a request under subsection (4).
Options (4) A parliamentary entity or specified person that is
served with a notice of contravention may, within the time and in the manner set out in the notice, (a) request to enter into a compliance agreement with the Accessibility Commissioner for the purpose of ensuring their compliance with the provision or order to which the notice relates; or (b) request a review of the acts or omissions that constitute the contravention.
Review (5) On completion of a review requested under paragraph (4)(b), the Accessibility Commissioner must determine, on a balance of probabilities, whether the parliamentary entity or specified person committed the contravention and confirm or cancel the notice of contravention. The Accessibility Commissioner must cause the parliamentary entity or specified person to be served with a notice setting out the decision under this subsection and must, if the notice of contravention is confirmed, specify in the notice the time and the manner in which they may make a request under subsection (6).
Request for compliance agreement (6) If the Accessibility Commissioner confirms the notice
of contravention on review, the parliamentary entity or specified person may, within the time and in the manner set out in the notice of decision, request to enter into a compliance agreement as set out in paragraph (4)(a). Entering into compliance agreement (7) After considering a request to enter into a compliance agreement, the Accessibility Commissioner may enter into a compliance agreement with the parliamentary entity or specified person on any terms that the Accessibility Commissioner considers appropriate, other than any terms that would provide for a deposit of security or for a penalty.
Notice (8) If the Accessibility Commissioner is satisfied that a parliamentary entity or specified person that has entered into a compliance agreement has complied with it, he or she must cause the parliamentary entity or specified person to be served with a notice of compliance. If he or she is satisfied that the parliamentary entity or specified
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Chapter 10: Accessible Canada Act PART 9 Parliamentary Entities Application Sections 140-141
person has not complied with the agreement, he or she must cause them to be served with a notice of default. Limitation period or prescription (9) No notice of contravention is to be issued after the
expiry of two years after the day on which the subject matter of the contravention arose. Application — sections 85 and 87 (10) Sections 85 and 87 apply with respect to contraventions referred to in this section, with any reference to a regulated entity to be read as a reference to a parliamentary entity, any reference to a person to be read as a reference to a specified person and any reference to a violation to be read as a reference to a contravention. Definition of specified person (11) In this section, specified person means a person
performing duties and functions in the course of the activities or business of a parliamentary entity. Application of Part 6 141 (1) Subject to subsections (2) and (3), sections 94 to
104, subsection 106(1) and sections 108 to 110 apply with respect to a parliamentary entity as if it were a regulated entity. Exception (2) An individual is not entitled to file a complaint under
subsection 94(1) in respect of a contravention by a parliamentary entity of any provision of regulations made under subsection 117(1) if the individual is entitled to present a grievance under section 62 of the Parliamentary Employment and Staff Relations Act in respect of the contravention. Appeal (3) An appeal with respect to a parliamentary entity under subsection 104(1) is to be made to the Federal Public Sector Labour Relations and Employment Board instead of to the Canadian Human Rights Tribunal and, with respect to such an appeal, a reference to the member or panel of members of the Tribunal in subsection 106(1) is to be read as a reference to a panel of the Board.
For greater certainty (4) For greater certainty, section 35 of the Federal Public
Sector Labour Relations and Employment Board Act does not apply with respect to an order of the Federal Public Sector Labour Relations and Employment Board made with respect to an appeal under subsection 104(1).
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Chapter 10: Accessible Canada Act PART 9 Parliamentary Entities Application Sections 142-143
Application of Part 8 — regulations 142 (1) Regulations made under any of paragraphs
117(1)(a) to (l) — and under paragraph 117(1)(m) with respect to sections 69 to 71 — apply with respect to a parliamentary entity as if it were a regulated entity, but only to the extent that the regulations apply generally to regulated entities that are departments named in Schedule I to the Financial Administration Act.
Exemption (2) On application by a parliamentary entity and after consulting with the Accessibility Commissioner, the Speaker of the Senate or the Speaker of the House of Commons — or, in the case of the Library of Parliament, the Parliamentary Protective Service and the office of the Parliamentary Budget Officer, both Speakers acting jointly — may, in writing and on any terms that they consider necessary, exempt the parliamentary entity from the application of any provision of the regulations referred to in subsection (1) if the Speaker or Speakers are satisfied that the parliamentary entity will take or has taken measures that will result in an equivalent or greater level of accessibility for persons with disabilities.
Amendment or revocation (3) The Speaker or Speakers who gave an exemption under subsection (2) must consult with the Accessibility Commissioner before amending it but need not do so before revoking it.
Statutory Instruments Act (4) For greater certainty, an exemption, amendment or revocation referred to in this section is not a statutory instrument for the purposes of the Statutory Instruments Act.
Sections 122 to 125, 127 and 131 (5) Sections 122 to 125, 127 and 131 apply with respect to a parliamentary entity.
Sections 126 and 132 (6) Sections 126 and 132 apply with respect to a parliamentary entity as if it were a regulated entity.
Notification of Speakers Notification — entrance into place 143 (1) The Accessibility Commissioner must notify the Speaker of the Senate or the Speaker of the House of Commons, or both, of his or her intention to enter, under
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Chapter 10: Accessible Canada Act PART 9 Parliamentary Entities Notification of Speakers Sections 143-144
section 73 or paragraph 98(d), a place that is under the authority of a parliamentary entity. Other notifications (2) The Accessibility Commissioner must notify the Speaker of the Senate or the Speaker of the House of Commons, or both, as soon as possible after he or she (a) makes an order with respect to a parliamentary entity under section 74; (b) makes a compliance order with respect to a parliamentary entity under section 75; (c) makes a decision under subsection 76(4) in respect of a compliance order referred to in paragraph (b); (d) begins to conduct an investigation of a parliamentary entity under section 95; (e) makes an order under subsection 102(1) with respect to a parliamentary entity; (f) issues a notice of contravention under subsection 140(1) or (2); (g) makes a decision under subsection 140(5); or (h) causes a notice of compliance or default to be
served under subsection 140(8). Notice or order — complaint (3) Whenever the Accessibility Commissioner causes a
parliamentary entity to be served with a notice under subsection 94(5), 96(1), 100(2), 101(2) or 103(3), the Accessibility Commissioner must provide a copy to the Speaker of the Senate or the Speaker of the House of Commons, or both. Notification — appeal under subsection 104(1) 144 (1) The Federal Public Sector Labour Relations and
Employment Board must notify the Speaker of the Senate or the Speaker of the House of Commons, or both, as soon as possible after the Board receives a request for appeal of a decision or order with respect to a parliamentary entity under subsection 104(1). Power of Speakers (2) If the Speaker of the Senate or the Speaker of the House of Commons is notified that an appeal has been brought, (a) the Board must, at the Speaker’s request, provide to the Speaker a copy of any document that is filed with the Board in the appeal and that is necessary to
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Chapter 10: Accessible Canada Act PART 9 Parliamentary Entities Notification of Speakers Sections 144-147
enable the Speaker to present evidence and make representations under paragraph (b); and (b) the Speaker may present evidence and make representations to the Board in the appeal.
Non-compliance with compliance order 145 (1) The Accessibility Commissioner must provide to
the Speaker of the Senate or the Speaker of the House of Commons, or both, a compliance order that is made under section 75 or amended under subsection 76(4) with respect to a parliamentary entity, if the order is not complied with. Order under subsection 102(1) (2) The Accessibility Commissioner must provide an order made under subsection 102(1) with respect to a parliamentary entity to the Speaker of the Senate or the Speaker of the House of Commons, or both, if the order is not complied with. Order under subsection 106(1) (3) The Federal Public Sector Labour Relations and Employment Board must, at the request of the Accessibility Commissioner or the complainant, provide an order made under subsection 106(1) with respect to a parliamentary entity to the Speaker of the Senate or the Speaker of the House of Commons, or both, if the order is not complied with.
Tabling by Speaker 146 The Speaker of the Senate or the Speaker of the House of Commons, or both, must, within a reasonable time after receiving it, table every notice of default received under paragraph 143(2)(h) and every order received under section 145 in the House over which the Speaker presides.
PART 10
Related Amendments R.S., c. C-22
Canadian Radio-television and Telecommunications Commission Act 147 Section 13 of the Canadian Radio-television
and Telecommunications Commission Act is
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Chapter 10: Accessible Canada Act PART 10 Related Amendments Canadian Radio-television and Telecommunications Commission Act Section 147
renumbered as subsection 13(1) and is amended by adding the following: Broadcasting Act (2) The report must include information about the following in respect of the fiscal year, including their number: (a) inquiries conducted under subsection 12(1) of the
Broadcasting Act in relation to the identification, prevention and removal of barriers; (b) inquiries conducted under that subsection in relation to sections 42 to 44 of the Accessible Canada Act; (c) orders made under subsection 12(2) of the Broadcasting Act in relation to the identification, prevention and removal of barriers; and (d) orders made under that subsection in relation to sections 42 to 44 of the Accessible Canada Act.
Telecommunications Act (3) The report must include information about the following in respect of the fiscal year, including their number: (a) inspections conducted under section 71 of the Telecommunications Act in relation to compliance with decisions made under that Act in relation to the identification, prevention and removal of barriers; (b) inspections conducted under that section in relation to compliance with sections 51 to 53 of the Accessible Canada Act; (c) orders made under section 51 of the Telecommunications Act in relation to the identification, prevention and removal of barriers; (d) orders made under that section in relation to sections 51 to 53 of the Accessible Canada Act; (e) notices of violation issued under section 72.005 of the Telecommunications Act in relation to contraventions of decisions made under that Act in relation to the identification, prevention and removal of barriers; (f) notices of violation issued under that section in relation to contraventions of any of subsections 51(1) to (4) and (7), 52(1) to (3) and 53(1) to (3) and (6) of the Accessible Canada Act;
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Chapter 10: Accessible Canada Act PART 10 Related Amendments Canadian Radio-television and Telecommunications Commission Act Sections 147-148
(g) inquiries conducted under subsection 48(1) of the
Telecommunications Act in relation to the identification, prevention and removal of barriers; and (h) inquiries conducted under subsection 48(1.1) of
that Act.
Observations and prescribed information (4) The report must include (a) observations about whether the information referred to in subsections (2) and (3) discloses any systemic or emerging issues related to the identification and removal of barriers, and the prevention of new barriers; and (b) any information respecting the identification, prevention and removal of barriers that is prescribed by regulations made under subsection (5).
Regulations (5) The Governor in Council may make regulations for
the purposes of paragraph (4)(b). Definition of barrier (6) In this section, barrier has the same meaning as in
section 2 of the Accessible Canada Act. R.S., c. H-6
Canadian Human Rights Act 148 Subsections 26(1) and (2) of the Canadian Human Rights Act are replaced by the following:
Commission established 26 (1) A commission is established to be known as the
Canadian Human Rights Commission, in this Act referred to as the “Commission”, consisting of a Chief Commissioner, a Deputy Chief Commissioner, a member referred to as the “Accessibility Commissioner” and not less than three or more than six other members, to be appointed by the Governor in Council.
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Chapter 10: Accessible Canada Act PART 10 Related Amendments Canadian Human Rights Act Sections 148-152
Members (2) The Chief Commissioner, the Deputy Chief Commissioner and the Accessibility Commissioner are full-time members of the Commission and the other members may be appointed as full-time or part-time members of the Commission. 149 The Act is amended by adding the following after section 28:
Convention on the Rights of Persons with Disabilities 28.1 The Commission is, for the purposes of paragraph 2 of article 33 of the Convention on the Rights of Persons with Disabilities, adopted by the General Assembly of the United Nations on December 13, 2006, designated as a body responsible for monitoring the Government of Canada’s implementation of that Convention. 150 Subsection 31(3) of the Act is replaced by the
following: Absence or incapacity of Chief and Deputy Chief (3) In the event of the absence or incapacity of the Chief
Commissioner and the Deputy Chief Commissioner, or if those offices are vacant, the full-time member, other than the Accessibility Commissioner, with the most seniority has all the powers and may perform all the duties and functions of the Chief Commissioner. 151 The Act is amended by adding the following after section 32:
Accessibility unit 32.1 The officers and employees of the Commission that
support the Accessibility Commissioner in the exercise of his or her powers and the performance of his or her duties and functions under the Accessible Canada Act may be referred to as the “Accessibility Unit”. 152 The Act is amended by adding the following after section 38:
Accessibility Commissioner Powers, duties and functions 38.1 In addition to being a member of the Commission,
the Accessibility Commissioner has the powers, duties and functions assigned to him or her by the Accessible Canada Act.
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Chapter 10: Accessible Canada Act PART 10 Related Amendments Canadian Human Rights Act Sections 152-155
Absence or incapacity of Accessibility Commissioner 38.2 In the event of the absence or incapacity of the Accessibility Commissioner, or if the office of Accessibility Commissioner is vacant, the Chief Commissioner may authorize any member of the Commission, other than himself or herself, to exercise the powers and perform the duties and functions of the Accessibility Commissioner, but no member may be so authorized for a term of more than 90 days without the Governor in Council’s approval. 153 The Act is amended by adding the following after section 40:
Disclosure of personal information 40.01 For the purpose of the administration of the Accessible Canada Act, an officer or employee of the Commission may disclose to the Accessibility Commissioner any personal information that is contained in a complaint filed with the Commission. R.S., c. 33 (2nd Supp.)
Parliamentary Employment and Staff Relations Act 154 The Parliamentary Employment and Staff Relations Act is amended by adding the following after section 2:
Accessible Canada Act 2.1 For greater certainty, a person who is referred to in
section 2 and who is not entitled to present a grievance under section 62 may file a complaint under subsection 94(1) of the Accessible Canada Act with respect to a contravention of an applicable provision of regulations made under subsection 117(1) of that Act if the person has suffered physical or psychological harm, property damage or economic loss as a result of — or has otherwise been adversely affected by — that contravention. 155 Subsection 63(1) of the Act is amended by striking out “or” at the end of paragraph (e), by adding “or” at the end of paragraph (f) and by adding the following after paragraph (f): (g) the contravention by the employer of any applicable provision of regulations made under subsection 117(1) of the Accessible Canada Act, if the employee has suffered physical or psychological harm, property damage or economic loss as a result of — or has otherwise been adversely affected by — the contravention,
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156 The Act is amended by adding the following after section 63:
Notice to Accessibility Commissioner 63.1 (1) When a grievance has been referred to adjudication and a party to the grievance raises an issue involving the contravention of any provision of regulations made under subsection 117(1) of the Accessible Canada Act, that party must, in accordance with the regulations, give notice of the issue to the Accessibility Commissioner, as defined in section 2 of that Act.
Submissions of Accessibility Commissioner (2) If the Accessibility Commissioner is notified of an issue under subsection (1), he or she may make submissions during the adjudication with respect to that issue. 157 Section 66 of the Act is amended by adding the following after subsection (4):
Adjudication by members (5) Despite section 65 and subsections (1) and (2), only members of the Board may adjudicate grievances respecting a matter referred to in paragraph 63(1)(g). 2013, c. 40, s. 433; 2017, c. 9, subpar. 56(1)(a)(iii)
158 Section 66.1 of the Act is replaced by the following: Powers of adjudicator 66.1 An adjudicator has, for the purposes of the adjudication of a grievance respecting a matter referred to in any of paragraphs 63(1)(a) to (c) and (g) that is referred to adjudication, the powers that the Board has under paragraph 15(d) of this Act and paragraphs 20(a) and (d) to (f) of the Federal Public Sector Labour Relations and Employment Board Act, in relation to the hearing or determination of a proceeding before it. 159 The Act is amended by adding the following after section 67:
Accessible Canada Act 67.1 An adjudicator may, in relation to the adjudication
of a grievance respecting a matter referred to in paragraph 63(1)(g), (a) interpret and apply the Accessible Canada Act;
and (b) give relief in accordance with section 102 of that Act.
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160 Subsection 71(3) of the Act is amended by adding the following after paragraph (a): (a.1) the manner of giving notice of an issue to the Accessibility Commissioner under section 63.1; 1991, c. 11
Broadcasting Act 161 (1) Subsection 12(1) of the Broadcasting Act
is amended by striking out “or” at the end of paragraph (a.1) and by adding the following after that paragraph: (a.2) any person has failed to do any act or thing that the person is required to do under sections 42 to 44 of the Accessible Canada Act or has done or is doing any act or thing in contravention of any of those sections, or 2014, c. 39, s. 191
(2) Subsection 12(2) of the Act is replaced by the following:
Mandatory orders (2) The Commission may, by order, require any person
to do, without delay or within or at any time and in any manner specified by the Commission, any act or thing that the person is or may be required to do under this Part, under any regulation, licence, decision or order made or issued by the Commission under this Part or under any of sections 42 to 44 of the Accessible Canada Act and may, by order, forbid the doing or continuing of any act or thing that is contrary to this Part, to any such regulation, licence, decision or order, to section 34.1 or to any of sections 42 to 44 of the Accessible Canada Act. 1993, c. 38
Telecommunications Act 162 Section 48 of the Telecommunications Act is amended by adding the following after subsection (1):
Accessibility inquiries (1.1) The Commission may, on application by any interested person or on its own motion, inquire into and make a determination in respect of anything prohibited, required or permitted to be done under sections 51 to 53 of the Accessible Canada Act. 163 Section 51 of the Act is replaced by the following:
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Mandatory and restraining orders 51 The Commission may order a person, at or within
any time and subject to any conditions that it determines, to do anything the person is required to do under this Act, under sections 51 to 53 of the Accessible Canada Act or under any special Act, and may forbid a person to do anything that the person is prohibited from doing under this Act, under those sections of the Accessible Canada Act or under any special Act. 2014, c. 39, s. 209(2)
164 (1) Subsection 71(1) of the Act is replaced by
the following: Designation of inspectors 71 (1) The Commission may designate any qualified
person as an inspector for the purpose of verifying compliance or preventing non-compliance with the provisions of this Act or any special Act for which the Commission is responsible, with the provisions of Division 1.1 of Part 16.1 of the Canada Elections Act, with sections 51 to 53 of the Accessible Canada Act and with the decisions of the Commission under this Act. 2014, c. 39, s. 209(3)
(2) Paragraph 71(4)(a) of the Act is replaced by
the following: (a) enter, at any reasonable time, any place in which
they believe on reasonable grounds there is any document, information or thing relevant to the purpose of verifying compliance or preventing non-compliance with this Act, any special Act, Division 1.1 of Part 16.1 of the Canada Elections Act or sections 51 to 53 of the Accessible Canada Act, and examine the document, information or thing or remove it for examination or reproduction; 2014, c. 12, s. 137(5)
(3) Subsection 71(9) of the Act is replaced by the
following: Information requirement (9) An inspector who believes that a person is in possession of information that the inspector considers necessary for the purpose of verifying compliance or preventing non-compliance with this Act, any special Act, Division 1.1 of Part 16.1 of the Canada Elections Act or sections 51 to 53 of the Accessible Canada Act may, by notice, require that person to submit the information to the inspector in the form and manner and within the reasonable time that is stipulated in the notice.
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2014, c. 39, s. 201
165 The portion of section 72.001 of the Act before paragraph (a) is replaced by the following:
Commission of violation 72.001 Every contravention of a provision of this Act,
other than section 17 or 69.2, every contravention of a regulation or decision made by the Commission under this Act, other than a prohibition or a requirement of the Commission made under section 41, and every contravention of any of subsections 51(1) to (4) and (7), 52(1) to (3) and 53(1) to (3) and (6) of the Accessible Canada Act constitutes a violation and the person who commits the violation is liable 1996, c. 10
Canada Transportation Act 2007, c. 19, s. 2
166 Paragraph 5(d) of the Canada Transportation Act is replaced by the following: (d) the transportation system is accessible without undue obstacle to the mobility of all persons; (d.1) the transportation system is accessible without barriers to persons with disabilities; and 167 Subsection 42(2) of the Act is replaced by the
following: Additional content (2) The Agency shall include in every report referred to
in subsection (1) (a) the Agency’s assessment of the operation of this
Act and any difficulties observed in the administration of this Act; (b) in respect of the year to which the report relates,
information about, including the number of, the following: (i) inspections conducted under this Act for a purpose related to verifying compliance or preventing non-compliance with any provision of regulations made under subsection 170(1) or with any of sections 60 to 62 of the Accessible Canada Act, (ii) orders made under section 181.2, (iii) orders, in writing, made under section 26 that
require any person to do or to refrain from doing any thing that they are or may be required to do or are prohibited from doing under any provision of
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regulations made under subsection 170(1) or any of sections 60 to 62 of the Accessible Canada Act, (iv) notices of violation issued under section 180
that identify a violation referred to in subsection 177(3), and (v) inquiries made under any of sections 172, 172.1 and 172.3; (c) the Agency’s observations about whether the information referred to in paragraph (b) discloses any systemic or emerging issues in respect of any matter or thing that concerns transportation to which the legislative authority of Parliament extends and that relates to the mobility of persons with disabilities; and (d) any other information prescribed by regulations made under subsection (2.01).
Regulations (2.01) For the purpose of paragraph (2)(d), the Governor
in Council may make regulations prescribing information about any matter or thing that concerns transportation to which the legislative authority of Parliament extends and that relates to the mobility of persons with disabilities. 168 The heading of Part V of the French version of the Act is replaced by the following:
Transport des personnes handicapées 169 The Act is amended by adding the following before section 170:
Definitions 169.5 The following definitions apply in paragraph
5(d.1) and this Part. barrier means anything — including anything physical, architectural, technological or attitudinal, anything that is based on information or communications or anything that is the result of a policy or a practice — that hinders the full and equal participation in society of persons with an impairment, including a physical, mental, intellectual, cognitive, learning, communication or sensory impairment or a functional limitation. (obstacle) disability means any impairment, including a physical, mental, intellectual, cognitive, learning, communication
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or sensory impairment — or a functional limitation — whether permanent, temporary or episodic in nature, or evident or not, that, in interaction with a barrier, hinders a person’s full and equal participation in society. (handicap) 170 (1) The portion of subsection 170(1) of the Act before paragraph (a) is replaced by the following:
Regulations 170 (1) The Agency may, after consulting with the Minister, make regulations for the purpose of identifying or removing barriers or preventing new barriers — particularly barriers in the built environment, information and communication technologies and the design and delivery of programs and services — in the transportation network under the legislative authority of Parliament to the mobility of persons with disabilities, including regulations respecting
(2) Paragraph 170(1)(c) of the French version of
the Act is replaced by the following: c) toute mesure concernant les tarifs, taux, prix, frais
et autres conditions de transport applicables au transport et aux services connexes offerts aux personnes handicapées; (3) Section 170 of the Act is amended by adding the following after subsection (3):
Exemption (4) On application and after consulting with the Minister, the Agency may, by order, on any terms that it considers necessary, (a) exempt a person from the application of regulations made under subsection (1) if the Agency is satisfied that the person has taken or will take measures — at least equivalent to those that must be taken under the provisions of the regulations for which an exemption is to be granted — to remove barriers or to prevent new barriers; or (b) exempt a class of persons from the application of regulations made under subsection (1) if the Agency is satisfied that all the members of the class have taken or will take measures — at least equivalent to those that must be taken under the provisions of the regulations for which an exemption is to be granted — to remove barriers or to prevent new barriers.
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The order ceases to have effect on the earlier of the end of the period of three years that begins on the day on which the order is made and the end of any shorter period specified in the order. 171 Section 171 of the French version of the Act is
replaced by the following: Coordination 171 L’Office et la Commission canadienne des droits de la personne sont tenus de veiller à la coordination de leur action en matière de transport des personnes handicapées pour favoriser l’adoption de lignes de conduite complémentaires et éviter les conflits de compétence. 172 Section 172 of the Act is replaced by the following: Inquiry — barriers to mobility 172 (1) The Agency may, on application, inquire into a
matter in relation to which a regulation could be made under subsection 170(1), regardless of whether such a regulation has been made, in order to determine whether there is an undue barrier to the mobility of persons with disabilities. Remedies (2) On determining that there is an undue barrier to the
mobility of persons with disabilities, the Agency may do one or more of the following: (a) require the taking of appropriate corrective measures; (b) direct that compensation be paid for any expense incurred by a person with a disability arising out of the barrier, including for any costs of obtaining alternative goods, services or accommodation; (c) direct that compensation be paid for any wages
that a person with a disability was deprived of as a result of the barrier; (d) direct that compensation be paid up to a maximum amount of — subject to the annual adjustments made under section 172.2 — $20,000, for any pain and suffering experienced by a person with a disability arising out of the barrier; (e) direct that compensation be paid up to a maximum amount of — subject to the annual adjustments made under section 172.2 — $20,000, if the Agency determines that the barrier is the result of a wilful or reckless practice.
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Compliance with regulations (3) If the Agency is satisfied that regulations made under
subsection 170(1) that are applicable in relation to a matter have been complied with or have not been contravened, the Agency may determine that there is an undue barrier in relation to that matter but if it does so, it may only require the taking of appropriate corrective measures. Inquiry — subsection 170(1) 172.1 (1) The Agency may, on application, inquire into a matter concerning any regulations made under subsection 170(1) to determine if the applicant has suffered physical or psychological harm, property damage or economic loss arising out of — or has otherwise been adversely affected by — a contravention of any provision of those regulations.
Remedies (2) On determining that an applicant has suffered physical or psychological harm, property damage or economic loss arising out of — or has otherwise been adversely affected by — a contravention referred to in subsection (1), the Agency may do one or more of the following: (a) require the taking of appropriate corrective measures; (b) direct that compensation be paid to the applicant for any expense incurred by them arising out of the contravention, including for any costs of obtaining alternative goods, services or accommodation; (c) direct that compensation be paid to the applicant
for any wages that they were deprived of as a result of the contravention; (d) direct that compensation be paid to the applicant
up to a maximum amount of — subject to the annual adjustments made under section 172.2 — $20,000, for any pain and suffering experienced by them arising out of the contravention; (e) direct that compensation be paid to the applicant
up to a maximum amount of — subject to the annual adjustments made under section 172.2 — $20,000, if the Agency determines that the contravention is the result of a wilful or reckless practice. Annual adjustment 172.2 (1) For the purpose of paragraphs 172(2)(d) and
(e) and 172.1(2)(d) and (e), the maximum amount shall be adjusted annually so that in any calendar year following the one during which this section comes into force it is equivalent to the product of
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(a) the amount that would have been the maximum
amount for that following calendar year if no adjustment had been made under this section with respect to that year, and (b) the ratio that the Consumer Price Index for the preceding calendar year bears to the Consumer Price Index for the calendar year next before that preceding calendar year.
Consumer Price Index (2) For the purpose of subsection (1), a reference to the Consumer Price Index for any 12-month period means the average of the Consumer Price Index for Canada, as published by Statistics Canada under the authority of the Statistics Act, for each month in that 12-month period.
Publication of adjusted amount (3) When a maximum amount is adjusted in accordance with this section, the Agency shall publish the maximum amount as so adjusted as soon as it is determined.
Interest (4) A direction to pay compensation under any of paragraphs 172(2)(b) and (c) and 172.1(2)(b) and (c) may include an award of interest at a rate and for a period that the Agency considers appropriate. Inquiry — transportation of persons with disabilities 172.3 The Agency may on its own initiative, with the
Minister’s approval and on any terms that he or she considers appropriate, inquire into any matter or thing that concerns transportation to which the legislative authority of Parliament extends and that relates to the mobility of persons with disabilities. Participant funding program 172.4 The Agency may establish a participant funding
program to facilitate the participation of persons with disabilities in hearings that are held for the purposes of inquiries made under section 172, 172.1 or 172.3. 173 Section 177 of the Act is amended by adding the following after subsection (2.2):
Subsection 170(1) and Accessible Canada Act (3) The contravention of any provision of any regulation
made under subsection 170(1) — or the contravention of any of subsections 60(1) to (4) and (7), 61(1) to (3) and
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62(1) to (3) and (6) of the Accessible Canada Act — may be proceeded with as a violation in accordance with sections 179 and 180. The maximum amount payable for each violation is $250,000. 2015, c. 31, s. 12
174 (1) The portion of subsection 178(1) of the
Act before paragraph (a) is replaced by the following: Notices of violation 178 (1) The Agency, in respect of a violation referred to
in subsection 177(1), (2.1) or (3), or the Minister, in respect of a violation referred to in subsection 177(2), (2.01) or (2.2), may
(2) Subsections 178(4) and (5) of the Act are replaced by the following:
Powers of designated persons (4) For the purposes of determining whether a violation
referred to in section 177 has been committed, a person designated as an enforcement officer under paragraph (1)(a) may require any person to produce for examination or reproduction all or part of any document or electronically stored data that the enforcement officer believes on reasonable grounds contain any information relevant to the enforcement of this Act or any of sections 60 to 62 of the Accessible Canada Act. Assistance to enforcement officers (5) Any person from whom documents or data are requested under subsection (4) shall provide all reasonable assistance in their power to enable the enforcement officer making the request to carry out the enforcement officer’s duties and shall furnish any information that the enforcement officer reasonably requires for the purposes of this Act or any of sections 60 to 62 of the Accessible Canada Act. 175 The Act is amended by adding the following after section 178:
Other powers — subsection 170(1) and Accessible Canada Act 178.1 (1) An enforcement officer who enters a place for a purpose related to verifying compliance or preventing non-compliance with any provision of regulations made under subsection 170(1) or with any of sections 60 to 62 of the Accessible Canada Act may, for that purpose,
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(a) open and examine any receptacle or package found in the place; (b) examine anything found in the place; (c) examine any record, report, electronic data or other document that is found in the place and make copies of it or take extracts from it; (d) use or cause to be used any computer system at the place to examine any electronic data referred to in paragraph (c); (e) reproduce any document from any electronic data referred to in paragraph (c), or cause it to be reproduced, in the form of a printout or other output; (f) take the record, report or other document referred to in paragraph (c) or the printout or other output referred to in paragraph (e) for examination or copying; (g) use or cause to be used any copying equipment at
the place to make copies of any document; (h) take photographs and make recordings and
sketches; (i) order the owner or person having possession of any
thing to which any provision of regulations made under subsection 170(1) or any of sections 60 to 62 of the Accessible Canada Act apply that is found in that place to move it or, for any time that may be necessary, not to move it or to restrict its movement; (j) order the owner or person having possession of any
conveyance that is found in the place to stop the conveyance, to move it or, for any time that may be necessary, not to move it or to restrict its movement; (k) order any person in that place to establish their
identity to the enforcement officer’s satisfaction; and (l) order a person in that place to start any activity
that is necessary for the purpose of the inspection or to stop any activity that impedes the inspection.
Means of telecommunication (2) For the purpose of the exercise, for the purpose referred to in subsection (1), of the power of entry conferred under subsection 178(2), an enforcement officer is considered to have entered a place when accessing it remotely by a means of telecommunication.
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Limitation — place not accessible to the public (3) An enforcement officer who, by a means of telecommunication, accesses remotely a place that is not accessible to the public must do so with the knowledge of the owner or person in charge of the place and must be remotely in the place for no longer than the period necessary for the purpose referred to in subsection (1).
Accompanying individual (4) An enforcement officer may be accompanied by any other individual the officer believes is necessary to help them exercise their powers or perform their duties or functions under this section.
Entering private property (5) An enforcement officer and any individual accompanying them may enter and pass through private property, other than a dwelling-house on that property, in order to gain entry to a place referred to in subsection (1). For greater certainty, they are not liable for doing so. Assistance (6) The owner or other person in charge of a place entered by an enforcement officer for the purpose referred to in subsection (1) and every individual found in the place must give the enforcement officer all reasonable assistance in the individual’s power and provide the enforcement officer with any information that the enforcement officer may reasonably require. 2007, c. 19, s. 51(F)
176 Subsection 179(1) of the Act is replaced by
the following: Violations 179 (1) Every person who contravenes a provision, requirement or condition designated under section 177 commits a violation and is liable to a penalty fixed under that section or, in the case of a contravention referred to in subsection 177(3), either a penalty fixed under that subsection or a warning under subparagraph 180(b)(i).
2007, c. 19, s. 52
177 Sections 180 to 180.2 of the Act are replaced
by the following: Issuance of notice of violation 180 If a person designated as an enforcement officer under paragraph 178(1)(a) believes that a person has committed a violation, the enforcement officer may issue, and shall serve on the person, a notice of violation that names the person, identifies the violation and
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(a) in the case of a contravention other than one referred to in paragraph (b), sets out the penalty for the violation that the person is liable to pay; (b) in the case of a contravention of any provision of
any regulation made under subsection 170(1) or a contravention of any of subsections 60(1) to (4) and (7), 61(1) to (3) and 62(1) to (3) and (6) of the Accessible Canada Act (i) contains a warning, or (ii) sets out the penalty for the violation that the person is liable to pay, and a lesser amount that may be paid in complete satisfaction of the amount of the penalty if paid within the time and in the manner set out in the notice; and (c) sets out the particulars concerning the time for
paying and the manner of paying the penalty, if there is one. Options 180.1 (1) Subject to subsections (2) and (3), a person
who has been served with a notice of violation must either pay the amount of the penalty specified in the notice or file with the Tribunal a written request for a review of the facts of the alleged contravention or of the amount of the penalty. Subsection 170(1) or Accessible Canada Act — warning (2) A person who has been served with a notice of violation that contains a warning may file with the Agency a written request for a review of the facts of the alleged contravention. Subsection 170(1) or Accessible Canada Act — penalty (3) A person who has been served with a notice of violation that identifies a violation referred to in subsection 177(3) and that sets out a penalty for the violation must (a) pay the amount of the penalty — or the lesser amount — specified in the notice; (b) file with the Tribunal a written request for a review of the facts of the alleged contravention or of the amount of the penalty; or (c) request, within the time and in the manner set out
in the notice, to enter into a compliance agreement with the Agency for the purpose of ensuring the person’s compliance with the provision of the regulations or of the Accessible Canada Act to which the violation relates.
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Payment of specified amount 180.2 If a person who is served with a notice of violation
that sets out a penalty pays the amount of the penalty — or, in the case of a person to whom subsection 180.1(3) applies, the lesser amount — specified in the notice in accordance with the particulars set out in it, the Minister shall accept the amount in complete satisfaction of the amount of the penalty and no further proceedings under this Part shall be taken against the person in respect of the contravention. 2007, c. 19, s. 52
178 Subsection 180.3(1) of the Act is replaced by
the following: Request for review — penalty 180.3 (1) A person who is served with a notice of violation that sets out a penalty and who wishes to have the facts of the alleged contravention or the amount of the penalty reviewed shall, on or before the date specified in the notice or within any further time that the Tribunal on application may allow, file a written request for a review with the Tribunal at the address set out in the notice. 2007, c. 19, s. 52
179 Section 180.4 of the Act is repealed. 180 The Act is amended by adding the following after section 180.6:
Request for review — warning 180.61 (1) A person who is served with a notice of violation that contains a warning and who wishes to have the facts of the alleged contravention reviewed shall, on or before the date specified in the notice or within any further time that the Agency on application may allow, file a written request for a review with the Agency at the address set out in that notice.
Burden of proof (2) The burden of establishing that a person has contravened the provision of the regulations or of the Accessible Canada Act to which a notice of violation relates is on an enforcement officer.
Determination by Agency (3) At the conclusion of a review, the Agency shall without delay inform the person who is alleged to have contravened the provision and the enforcement officer of its determination. If the Agency determines that the person has not contravened the provision, no further proceedings under this Part shall be taken against the person in respect of the alleged contravention.
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Deeming (4) If a person does not file a request for a review under
subsection (1), the person is deemed to have committed the contravention alleged in the notice of violation. Entering into compliance agreements 180.62 (1) After considering a request made under paragraph 180.1(3)(c), the Agency may enter into a compliance agreement, as described in that paragraph, with the person making the request on any terms that the Agency considers appropriate. The terms may (a) include a provision for the deposit of reasonable
security, in a form and amount satisfactory to the Agency, as a guarantee that the person will comply with the compliance agreement; and (b) provide for the reduction, in whole or in part, of the amount of the penalty.
Deeming (2) A person who enters into a compliance agreement is, on doing so, deemed to have committed the contravention in respect of which the compliance agreement was entered into.
Notice of compliance (3) If the Agency is satisfied that a person who has entered into a compliance agreement has complied with it, the Agency shall cause a notice of compliance to be provided to the person and, once it is provided, (a) no further proceedings under this Part shall be taken against the person in respect of the contravention; and (b) any security given under the compliance agreement shall be returned to them. Notice of default (4) If the Agency is of the opinion that a person who has entered into a compliance agreement has not complied with it, the Agency shall cause a notice of default to be served on the person informing them of one of the following: (a) that instead of being liable to pay the amount of
the penalty specified in the notice of violation in respect of which the compliance agreement was entered into, they are liable to pay, within the time and in the manner set out in the notice of default and without taking account of the limit set out in subsection 177(3), an amount that is twice the amount of that penalty;
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(b) that the security, if any, given under the compliance agreement is forfeited to Her Majesty in right of Canada. Effect of notice of default (5) Once a person is served with a notice of default, (a) if the notice provides that the person is liable to pay the amount specified in the notice, the person may not deduct from that amount any amount they spent under the compliance agreement and they are liable to pay the amount specified in the notice within the time and in the manner set out in it; and (b) if the notice provides for the forfeiture of the security given under the compliance agreement, that security is forfeited to Her Majesty in right of Canada and no further proceedings under this Part shall be taken against the person in respect of the contravention.
Effect of payment (6) If the person pays the amount specified in the notice
of default within the time and in the manner set out in it, the Agency shall accept the amount in complete satisfaction of the amount owing in respect of the contravention and no further proceedings under this Part shall be taken against the person in respect of the contravention. Delegation (7) The Agency may delegate its powers under subsection (1) to any person, subject to any restrictions or limitations that it may specify.
Certificate of delegation (8) Each person to whom powers are delegated under subsection (7) must be provided with a certificate of delegation in a form established by the Agency.
Refusal to enter compliance agreement 180.63 (1) If the Agency refuses to enter into a compliance agreement requested under paragraph 180.1(3)(c), the person who made the request is liable to pay, in the manner specified in the notice of violation and within the time specified in it or any longer period specified by the Agency, the amount of the penalty specified in the notice of violation. Effect of payment (2) If the person pays the amount specified in the notice
of violation, (a) they are deemed to have committed the contravention in respect of which the amount is paid;
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(b) the Agency shall accept the amount in complete
satisfaction of the amount of the penalty; and (c) no further proceedings under this Part shall be
taken against the person in respect of the contravention. Deeming (3) If the person does not pay the amount specified in the notice of violation within the time and in the manner set out in subsection (1), they are deemed to have committed the contravention alleged in the notice of violation.
Certificate 180.64 (1) If a person to whom subsection 180.1(1) applies neither pays the amount of the penalty specified in the notice of violation in accordance with the particulars set out in the notice nor files a request for a review under subsection 180.3(1), the person is deemed to have committed the contravention alleged in the notice of violation and the Minister may obtain from the Tribunal a certificate in the form that may be established by the Governor in Council that indicates the amount of the penalty specified in that notice. Subsection 170(1) or Accessible Canada Act (2) If a person to whom subsection 180.1(3) applies does
not pay the amount of the penalty — or the lesser amount — specified in the notice of violation in accordance with the particulars set out in it, file a request for a review under subsection 180.3(1) or make a request to enter into a compliance agreement under paragraph 180.1(3)(c), the person is deemed to have committed the contravention alleged in the notice of violation and the Agency may obtain from the Tribunal a certificate in the form that may be established by the Governor in Council that indicates the amount of the penalty specified in that notice. Notice of default (3) If a person who has been served with a notice of default under subsection 180.62(4) that specifies an amount does not pay the amount within the time and in the manner set out in the notice, the Agency may obtain from the Tribunal a certificate in the form that may be established by the Governor in Council that indicates the amount specified in that notice. Refusal to enter into compliance agreement (4) If the Agency refuses a person’s request under paragraph 180.1(3)(c) to enter into a compliance agreement, and the person does not pay the amount of the penalty
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specified in the notice of violation within the time and in the manner required by subsection 180.63(1), the Agency may obtain from the Tribunal a certificate in the form that may be established by the Governor in Council that indicates the amount of the penalty specified in that notice. 2007, c. 19, s. 52
181 Subsection 180.7(1) of the Act is replaced by the following:
Registration of certificate 180.7 (1) If the time limit for the payment of the
amount of a penalty specified in a notice of violation has expired, the time limit for the payment of an amount specified in a notice of default has expired, the time limit specified for payment of an amount under subsection 180.63(1) has expired, the time limit for the request for a review has expired, the time limit for an appeal has expired, or an appeal has been disposed of, as the case may be, on production in any superior court, a certificate issued under paragraph 180.5(b), subsection 180.6(4) or section 180.64 shall be registered in the court. When it is registered, a certificate has the same force and effect, and proceedings may be taken in connection with it, as if it were a judgment in that court obtained by Her Majesty in right of Canada against the person named in the certificate for a debt of the amount set out in the certificate. 2013, c. 31, s. 14
182 Subsection 180.8(1) of the Act is replaced by
the following: References to “Minister” 180.8 (1) In the case of a violation referred to in subsection 177(1) or (3), every reference to the “Minister” in sections 180.3 to 180.7 shall be read as a reference to the Agency or to a person designated by the Agency. 183 The Act is amended by adding the following
after section 181: Publication 181.1 The Agency may publish information about any
violation referred to in section 177, for the purpose of encouraging compliance with this Act and sections 60 to 62 of the Accessible Canada Act.
Production Order Power to order production 181.2 (1) The Agency may, by order, for a purpose related
to
verifying
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compliance
or
preventing
Chapter 10: Accessible Canada Act PART 10 Related Amendments Canada Transportation Act Sections 183-184
non-compliance with any provision of regulations made under subsection 170(1) or with any of sections 60 to 62 of the Accessible Canada Act, direct any person who is required to comply with any provision of those regulations to produce, within the time and in the manner specified by the Agency, for examination or copying, any record, report, electronic data or other document that the Agency has reasonable grounds to believe contains information that is relevant to that purpose. Copies (2) The Agency may (a) make copies or take extracts from any record, report, electronic data or other document produced under an order made under subsection (1); and (b) reproduce any document from electronic data referred to in paragraph (a), or cause it to be reproduced, in the form of a printout or other output. Delegation (3) The Agency may delegate its powers under subsections (1) and (2) to any person, subject to any restrictions or limitations that it may specify. Certificate of delegation (4) Each person to whom powers are delegated under subsection (3) must be provided with a certificate of delegation in a form established by the Agency. 2003, c. 22, s. 2; 2017 c. 9, s. 2
Federal Public Sector Labour Relations Act 184 The Federal Public Sector Labour Relations
Act is amended by adding the following after section 209: Reference to adjudication 209.1 In addition to his or her rights under section 209,
an employee, other than an employee who occupies a managerial or confidential position or who is not otherwise represented by a bargaining agent, may refer to adjudication an individual grievance that has been presented up to and including the final level in the grievance process and that has not been dealt with to the employee’s satisfaction if the employee has suffered physical or psychological harm, property damage or economic loss as the result of — or has otherwise been adversely affected by — the contravention of a provision of regulations made under subsection 117(1) of the Accessible Canada Act, and the grievance is related to that contravention.
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185 The Act is amended by adding the following before section 211:
Notice to Accessibility Commissioner 210.1 (1) When an individual grievance has been referred to adjudication and a party to the grievance raises an issue involving the contravention of a provision of regulations made under subsection 117(1) of the Accessible Canada Act, that party must, in accordance with the regulations, give notice of the issue to the Accessibility Commissioner, as defined in section 2 of that Act. Standing of Accessibility Commissioner (2) The Accessibility Commissioner has standing in adjudication proceedings for the purpose of making submissions regarding an issue referred to in subsection (1). 186 The portion of section 211 of the Act before
paragraph (a) is replaced by the following: Exception 211 Nothing in section 209 or 209.1 is to be construed or applied as permitting the referral to adjudication of an individual grievance with respect to 2017, c. 9, s. 31
187 Section 214 of the Act is replaced by the following: Decision final and binding 214 If an individual grievance has been presented up to and including the final level in the grievance process and it is not one that under section 209, 209.1 or 238.25 may be referred to adjudication, the decision on the grievance taken at the final level in the grievance process is final and binding for all purposes of this Act and no further action under this Act may be taken on it. 188 The Act is amended by adding the following before section 218:
Notice to Accessibility Commissioner 217.1 (1) When a group grievance has been referred to adjudication and a party to the grievance raises an issue involving the contravention of a provision of regulations made under subsection 117(1) of the Accessible Canada Act, that party must, in accordance with the regulations, give notice of the issue to the Accessibility Commissioner, as defined in section 2 of that Act.
Standing of Accessibility Commissioner (2) The Accessibility Commissioner has standing in adjudication proceedings for the purpose of making submissions regarding an issue referred to in subsection (1).
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189 The Act is amended by adding the following before section 223:
Notice to Accessibility Commissioner 222.1 (1) When a policy grievance has been referred to
adjudication and a party to the grievance raises an issue involving the contravention of a provision of regulations made under subsection 117(1) of the Accessible Canada Act, that party must, in accordance with the regulations, give notice of the issue to the Accessibility Commissioner, as defined in section 2 of that Act. Standing of Accessibility Commissioner (2) The Accessibility Commissioner has standing in adjudication proceedings for the purpose of making submissions regarding an issue referred to in subsection (1). 190 (1) Subsection 226(2) of the Act is amended
by adding the following after paragraph (a): (a.1) interpret and apply the Accessible Canada Act;
(2) Subsection 226(2) of the Act is amended by striking out “and” at the end of paragraph (b) and by adding the following after that paragraph: (b.1) give relief in accordance with section 102 of the Accessible Canada Act; and 191 Subsection 237(1) of the Act is amended by adding the following after paragraph (f): (f.1) the manner of giving notice of an issue to the Accessibility Commissioner under this Part;
2017, c. 9, s. 33
192 Subsection 238.02(2) of the Act is replaced by
the following: Inconsistency — clarification (2) Without limiting the generality of subsection (1), section 58, subsections 208(1) and 209(1) and (2) and section 209.1 are inconsistent with this Part. 193 Section 238.25 of the Act is amended by
adding the following after subsection (2):
Grievance related to accessibility (3) If a grievance referred to in subsection (1) is related to the contravention of a provision of regulations made
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under subsection 117(1) of the Accessible Canada Act, an employee who is an RCMP member may refer the grievance to adjudication only if the employee has suffered physical or psychological harm, property damage or economic loss as a result of — or has otherwise been adversely affected by — the contravention. 2003, c. 22, ss. 12 and 13
Public Service Employment Act 194 Section 65 of the Public Service Employment
Act is amended by adding the following after subsection (8): Notice to Accessibility Commissioner (9) If a complaint raises an issue involving the contravention of a provision of regulations made under subsection 117(1) of the Accessible Canada Act, the complainant shall, in accordance with the regulations of the Board, notify the Accessibility Commissioner, as defined in section 2 of that Act.
Accessibility Commissioner (10) If the Accessibility Commissioner is notified of an issue under subsection (9), he or she may make submissions to the Board with respect to that issue.
Application of Accessible Canada Act (11) In considering whether a complaint is substantiated, the Board may interpret and apply the Accessible Canada Act. Relief (12) Corrective action may include an order for relief in accordance with section 102 of the Accessible Canada Act. 195 The Act is amended by adding the following after section 78:
Notice to Accessibility Commissioner 78.1 If a complaint raises an issue involving the contravention of a provision of regulations made under subsection 117(1) of the Accessible Canada Act, the complainant shall, in accordance with the regulations of the Board, notify the Accessibility Commissioner, as defined in section 2 of that Act.
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196 Section 79 of the Act is amended by adding
the following after subsection (2):
Accessibility Commissioner (3) If the Accessibility Commissioner is notified of an issue under section 78.1, he or she may make submissions to the Board with respect to that issue.
197 The Act is amended by adding the following after section 80:
Application of Accessible Canada Act 80.1 In considering whether a complaint under section
77 is substantiated, the Board may interpret and apply the Accessible Canada Act. 198 Section 81 of the Act is amended by adding
the following after subsection (2):
Relief (3) Corrective action taken under subsection (1) may include an order for relief in accordance with section 102 of the Accessible Canada Act. 199 Section 109 of the Act is amended by striking out “and” at the end of paragraph (d) and by adding the following after that paragraph: (d.1) the manner of giving notice of an issue to the
Accessibility Commissioner under subsection 65(9) or section 78.1; and
PART 11
Consequential and Coordinating Amendments Consequential Amendments R.S., c. A-1
Access to Information Act 200 Schedule I to the Access to Information Act
is amended by adding the following in alphabetical order under the heading “Other Government Institutions”:
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Canadian Accessibility Standards Development Organization Organisation canadienne d’élaboration de normes d’accessibilité R.S., c. F-11
Financial Administration Act 201 Schedule II to the Financial Administration
Act is amended by adding the following in alphabetical order: Canadian Accessibility Standards Development Organization Organisation canadienne d’élaboration de normes d’accessibilité 202 Schedule IV to the Act is amended by adding the following in alphabetical order:
Canadian Accessibility Standards Development Organization Organisation canadienne d’élaboration de normes d’accessibilité 203 Part II of Schedule VI to the Act is amended
by adding, in alphabetical order, in column I, a reference to Canadian Accessibility Standards Development Organization Organisation canadienne d’élaboration de normes d’accessibilité and a corresponding reference in column II to “Chief Executive Officer”.
R.S., c. P-21
Privacy Act 204 The schedule to the Privacy Act is amended by adding the following in alphabetical order under the heading “Other Government Institutions”: Canadian Accessibility Standards Development Organization Organisation canadienne d’élaboration de normes d’accessibilité
Coordinating Amendments 2014, c. 20
205 (1) In this section, other Act means the Economic Action Plan 2014 Act, No. 1.
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Chapter 10: Accessible Canada Act PART 11 Consequential and Coordinating Amendments Coordinating Amendments Sections 205-206
(2) If section 366 of the other Act comes into force before this Act receives royal assent, paragraphs 19(c) and (d) of the English version of this Act are replaced by the following: (c) establish and register its own marks under the
Trademarks Act and authorize and regulate their use subject to that Act; (d) license, sell or otherwise make available any patent, copyright, industrial design, trademark or other similar property right that it holds, controls or administers; (3) If section 366 of the other Act comes into force on the day on which this Act receives royal assent, then this Act is deemed to have received royal assent before that section 366 comes into force.
PART 12
Coming into Force Order in council 206 The provisions of this Act, other than section
205, come into force on a day to be fixed by order of the Governor in Council.
Published under authority of the Speaker of the House of Commons 2015-2016-2017-2018-2019
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First Session, Forty-second Parliament, 64-65-66-67-68 Elizabeth II, 2015-2016-2017-2018-2019
STATUTES OF CANADA 2019
CHAPTER 11
An Act to amend the Criminal Code and other Acts (ending the captivity of whales and dolphins)
ASSENTED TO JUNE 21, 2019 BILL S-203
SUMMARY This enactment amends the Criminal Code to create offences respecting cetaceans in captivity. It also amends the Fisheries Act to prohibit the taking of a cetacean into captivity and the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act to require a permit for the import of a cetacean into Canada and the export of a cetacean from Canada.
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64-65-66-67-68 ELIZABETH II
CHAPTER 11
An Act to amend the Criminal Code and other Acts (ending the captivity of whales and dolphins) [Assented to 21st June, 2019] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Short Title Short title 1 This Act may be cited as the Ending the Captivity of
Whales and Dolphins Act. R.S., c. C-46
Criminal Code 2 The Criminal Code is amended by adding the following after section 445.1:
Definition of cetacean 445.2 (1) In this section, cetacean includes any member of the cetacean order, including a whale, dolphin or porpoise. Offence (2) Subject to subsections (3) and (3.1), every one commits an offence who (a) owns, has the custody of or controls a cetacean
that is kept in captivity; (b) breeds or impregnates a cetacean; or (c) possesses or seeks to obtain reproductive materials of cetaceans, including sperm or an embryo. Exception (3) Paragraph (2)(a) does not apply to a person who
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Chapter 11: An Act to amend the Criminal Code and other Acts (ending the captivity of whales and dolphins) Criminal Code Sections 2-3
(a) owns, has the custody of or controls a cetacean
that is kept in captivity at the coming into force of this section and remains continuously in captivity thereafter; (b) has the custody of or controls a cetacean that is
kept in captivity for the purpose of providing it with assistance or care or to rehabilitate it following an injury or another state of distress; or (c) is authorized to keep a cetacean in captivity in the best interests of the cetacean’s welfare pursuant to a licence issued by the Lieutenant Governor in Council of a province or by such other person or authority in the province as may be specified by the Lieutenant Governor in Council.
Exception (3.1) Subsection (2) does not apply to a person who is conducting scientific research pursuant to a licence issued by the Lieutenant Governor in Council of a province or by such other person or authority in the province as may be specified by the Lieutenant Governor in Council.
Exception (4) Every one commits an offence who promotes, arranges, conducts, assists in, receives money for or takes part in any meeting, competition, exhibition, pastime, practice, display or event at or in the course of which captive cetaceans are used for performance for entertainment purposes unless such performance is authorized pursuant to a licence issued by the Lieutenant Governor in Council of a province or by such other person or authority in the province as may be specified by the Lieutenant Governor in Council.
Punishment (5) Every one who commits an offence under subsection
(2) or (4) is guilty of an offence punishable on summary conviction and liable to a fine not exceeding $200,000.
R.S., c. F-14
Fisheries Act 3 The Fisheries Act is amended by adding the following after section 28:
Taking cetaceans into captivity 28.1 (1) Subject to subsection (2), no one shall move a
live cetacean, including a whale, dolphin or porpoise, from its immediate vicinity with the intent to take it into captivity.
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Exception (2) A person may move a live cetacean from its immediate vicinity when the cetacean is injured or in distress and is in need of assistance. 1992, c. 52
Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act 4 The Wild Animal and Plant Protection and
Regulation of International and Interprovincial Trade Act is amended by adding the following after section 7:
Cetacean: import and export 7.1 No person shall, except under and in accordance
with a permit issued pursuant to subsection 10(1.1), import into Canada or export from Canada a living cetacean, including a whale, dolphin or porpoise, or sperm, a tissue culture or an embryo of a cetacean. 5 Section 10 of the Act is amended by adding the
following after subsection (1): Issuance (1.1) The Minister may, on application and on such terms and conditions as the Minister thinks fit, issue a permit authorizing the importation or exportation of a living cetacean, or sperm, a tissue culture or an embryo of a cetacean, if the importation or exportation is for the purpose of (a) conducting scientific research; or (b) keeping the cetacean in captivity if it is in the best
interests of the cetacean’s welfare to do so.
Related provision Aboriginal and treaty rights 6 For greater certainty, the amendments made by this Act to the Criminal Code, the Fisheries Act and the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act shall not be construed so as to abrogate or derogate from the protection provided for existing aboriginal or treaty rights of
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the aboriginal peoples of Canada by the recognition and affirmation of these rights in section 35 of the Constitution Act, 1982.
Published under authority of the Senate of Canada 2015-2016-2017-2018-2019
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First Session, Forty-second Parliament, 64-65-66-67-68 Elizabeth II, 2015-2016-2017-2018-2019
STATUTES OF CANADA 2019
CHAPTER 13
An Act respecting national security matters
ASSENTED TO JUNE 21, 2019 BILL C-59
RECOMMENDATION His Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act respecting national security matters”.
SUMMARY Part 1 enacts the National Security and Intelligence Review Agency Act, which establishes the National Security and Intelligence Review Agency and sets out its composition, mandate and powers. It repeals the provisions of the Canadian Security Intelligence Service Act establishing the Security Intelligence Review Committee and amends that Act and other Acts in order to transfer certain powers, duties and functions to the new Agency. It also makes related and consequential amendments to other Acts. Part 1.1 enacts the Avoiding Complicity in Mistreatment by Foreign Entities Act to authorize the issuance of directions respecting the disclosure of and request for information that would result in a substantial risk of mistreatment of an individual by a foreign entity and the use of information that is likely to have been obtained as the result of mistreatment of an individual by a foreign entity. Part 2 enacts the Intelligence Commissioner Act, which provides that the duties and functions of the Intelligence Commissioner are to review the conclusions on the basis of which certain authorizations are issued or amended, and determinations are made, under the Communications Security Establishment Act and the Canadian Security Intelligence Service Act and to approve those authorizations, amendments and determinations if those conclusions are reasonable. This Part also abolishes the position of the Commissioner of the Communications Security Establishment, provides for that Commissioner to become the Intelligence Commissioner, transfers the employees of the former Commissioner to the office of the new Commissioner and makes related and consequential amendments to other Acts. Part 3 enacts the Communications Security Establishment Act, which establishes the Communications Security Establishment and, among other things, sets out the Establishment’s mandate as well as the regime for authorizing its activities. It also amends the National Defence Act and makes consequential amendments to other Acts. Part 4 amends the Canadian Security Intelligence Service Act to (a) add a preamble to that Act and provide a mechanism to enhance the accountability of the Canadian Security Intelligence Service;
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Chapter 13: National Security Act, 2017 SUMMARY
(b) add new limits on the exercise of the Service’s power to reduce threats to the security of Canada including, in particular, by setting out a list of measures that may be authorized by the Federal Court; (c) provide a justification, subject to certain limitations, for the commission of acts or omissions that would otherwise constitute offences; (d) exempt employees of the Service and persons acting under their direction from liability for offences related to acts committed for the sole purpose of establishing or maintaining a covert identity; (e) create a regime for the Service to collect, retain, query and exploit datasets in the course of performing its duties and functions; (f) make amendments to the warrant regime that are related to datasets; and (g) implement measures for the management of datasets.
Part 5 amends the Security of Canada Information Sharing Act to, among other things, (a) emphasize that the Act addresses only the disclosure of information and not its collection or use; (b) clarify the definition of “activity that undermines the security of Canada”; (c) clarify that advocacy, protest, dissent and artistic expression are not activities that undermine the security of Canada unless they are carried on in conjunction with an activity that undermines the security of Canada; (d) provide that a disclosure of information is authorized only if the disclosure will contribute to the carrying out by the recipient institution of its national security responsibilities and will not affect any person’s privacy interest more than reasonably necessary; (e) require that information disclosed be accompanied by information about the accuracy of the disclosed information and the reliability of the manner in which it was obtained; and (f) require that records be prepared and kept in respect of every disclosure of information and that every year a copy of every record prepared in the preceding year be provided to the National Security and Intelligence Review Agency.
Part 6 amends the Secure Air Travel Act to authorize the Minister of Public Safety and Emergency Preparedness to collect from air carriers and operators of aviation reservation systems, for the purpose of identifying listed persons, information about any individuals who are on board or expected to be on board an aircraft for any flight prescribed by regulation, and to exempt an air carrier from providing that information, or from the application of any provision of the regulations, in certain circumstances. It amends the Act to authorize that Minister to collect personal information from individuals for the purpose of issuing a unique identifier to them to assist with pre-flight verification of their identity. It also reverses the rule in relation to a deemed decision on an application for administrative recourse. Finally, it amends the Act to provide for certain other measures related to the collection, disclosure and destruction of information.
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Chapter 13: National Security Act, 2017 SUMMARY
Part 7 amends the Criminal Code to, among other things, (a) make certain procedural modifications to the terrorist listing regime under section 83.05, such as providing for a staggered ministerial review of listed entities and granting the Minister of Public Safety and Emergency Preparedness the authority to amend the names, including aliases, of listed entities; (b) change the offence of advocating or promoting terrorism offences in general, in section 83.21, to one of counselling the commission of a terrorism offence, and make corresponding changes to the definition of terrorist propaganda; (c) raise one of the thresholds for imposing a recognizance with conditions under section 83.3, and amend when that section is to be reviewed and, unless extended by Parliament, to cease to have effect; (d) repeal sections 83.28 and 83.29 relating to an investigative hearing into a terrorism offence and repeal subsections 83.31(1) and (1.1), which require annual reports on such hearings; (e) require the Attorney General of Canada to publish a report each year setting out the number of terrorism recognizances entered into under section 810.011 in the previous year; and (f) authorize a court, in proceedings for recognizances under any of sections 83 and 810 to 810.2, to make orders for the protection of witnesses.
Part 8 amends the Youth Criminal Justice Act to, among other things, ensure that the protections that are afforded to young persons apply in respect of proceedings in relation to recognizance orders, including those related to terrorism, and give employees of a department or agency of the Government of Canada access to youth records, for the purpose of administering the Canadian Passport Order. Part 9 requires that a comprehensive review of the provisions and operation of this enactment take place during the fourth year after section 168 of this enactment comes into force. If that section 168 and section 34 of Bill C-22, introduced in the 1st session of the 42nd Parliament and entitled the National Security and Intelligence Committee of Parliamentarians Act, come into force within one year of each other, the reviews required by those sections are to take place at the same time and are to be undertaken by the same committee or committees.
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TABLE OF PROVISIONS An Act respecting national security matters
Short Title 1
National Security Act, 2017
PART 1
National Security and Intelligence Review Agency National Security and Intelligence Review Agency Act 2
Enactment of Act
Transitional Provisions 3
Definitions
Chairman of former Committee
Employment continued — staff
Powers, duties and functions
Appropriations
Rights and obligations
Contracts
Information
Complaints — former Committee
First report
Commencement of proceedings
No compensation
Information — former Commissioner
Complaints — former Commissioner
Commencement of proceedings
Related and Consequential Amendments 18
Access to Information Act
Canada Evidence Act
Canadian Security Intelligence Service Act
Citizenship Act
Financial Administration Act
Canadian Human Rights Act
Security of Information Act
37.1
Privacy Act
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Chapter 13: National Security Act, 2017 TABLE OF PROVISIONS
Public Service Superannuation Act
Royal Canadian Mounted Police Act
Public Sector Compensation Act
Proceeds of Crime (Money Laundering) and Terrorist Financing Act
Coordinating Amendments 48
Part 3 of the Act
Bill C-22
PART 1.1
Avoiding Complicity in Mistreatment by Foreign Entities Avoiding Complicity in Mistreatment by Foreign Entities Act 49.1
Enactment of Act
Coordinating Amendments 49.2
Part 1.1 of this Act
PART 2
Intelligence Commissioner Intelligence Commissioner Act 50
Enactment of Act
Transitional Provisions 51
Definitions
Former Commissioner
Employment continued
Powers, duties and functions
Appropriations
Rights, property and obligations
Contracts
Commencement of proceedings
No compensation
Related and Consequential Amendments 60
Access to Information Act
Canada Evidence Act
Canadian Security Intelligence Service Act
Financial Administration Act
National Defence Act
Security of Information Act
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Chapter 13: National Security Act, 2017 TABLE OF PROVISIONS
Privacy Act
Public Service Superannuation Act
Security of Canada Information Disclosure Act
2004, c. 15
Bill C-22
Coordinating Amendments
PART 3
Communications Security Establishment Communications Security Establishment Act 76
Enactment of Act
Definitions
Chief
Transfer of appropriations
Ministerial authorizations
Arrangements
References
Transitional Provisions
National Defence Act 83
Amendments
Consequential Amendments 84
National Defence Act
Public Sector Compensation Act
Proceeds of Crime (Money Laundering) and Terrorist Financing Act
Security of Canada Information Disclosure Act
2004, c. 15
Bill C-44
Coordinating Amendments
PART 4
Canadian Security Intelligence Service Act Amendments to the Act 92
Amendments
Transitional Provisions 110
Definitions
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Chapter 13: National Security Act, 2017 TABLE OF PROVISIONS
Datasets collected by Service
PART 5
Security of Canada Information Sharing Act Amendments to the Act 112
Amendments
Consequential Amendments 121
Excise Tax Act
Department of Fisheries and Oceans Act
Customs Act
Income Tax Act
Chemical Weapons Convention Implementation Act
Excise Act, 2001
PART 6
Secure Air Travel Act Amendments to the Act 127
Amendments
Transitional Provision 139
Continued application
PART 7
Criminal Code Amendments to the Act 140
Amendments
Continued application
Proceedings continued
No report for year before coming into force
Transitional Provisions
Section 83.3 of the Criminal Code 157.1 Application
Consequential Amendment to the Corrections and Conditional Release Act 158
Amendment
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Chapter 13: National Security Act, 2017 TABLE OF PROVISIONS
PART 8
Youth Criminal Justice Act 159
Amendments
PART 9
Review 168
Duty to undertake review
PART 10
Coming into Force 169
Order in council
169.1 Order in council 170
Order in council
Order in council
Order in council
Order in council
SCHEDULE
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64-65-66-67-68 ELIZABETH II
CHAPTER 13
An Act respecting national security matters [Assented to 21st June, 2019] Preamble
Whereas a fundamental responsibility of the Government of Canada is to protect Canada’s national security and the safety of Canadians; Whereas that responsibility must be carried out in accordance with the rule of law and in a manner that safeguards the rights and freedoms of Canadians and that respects the Canadian Charter of Rights and Freedoms; Whereas the Government of Canada is committed to enhancing Canada’s national security framework in order to keep Canadians safe while safeguarding their rights and freedoms; Whereas the Government of Canada, by carrying out its national security and information activities in a manner that respects rights and freedoms, encourages the international community to do the same; Whereas enhanced accountability and transparency are vital to ensuring public trust and confidence in Government of Canada institutions that carry out national security or intelligence activities; Whereas those institutions must always be vigilant in order to uphold public safety; Whereas those institutions must have powers that will enable them to keep pace with evolving threats and must use those powers in a manner that respects the rights and freedoms of Canadians; Whereas many Canadians expressed concerns about provisions of the Anti-terrorism Act, 2015; And whereas the Government of Canada engaged in comprehensive public consultations to obtain the views of Canadians on how to enhance Canada’s national security framework and committed to introducing legislation to reflect the views and concerns expressed by Canadians;
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Chapter 13: National Security Act, 2017 Short Title Preamble – Sections 1-2
Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Short Title Short title 1 This Act may be cited as the National Security Act,
2017. PART 1
National Security and Intelligence Review Agency National Security and Intelligence Review Agency Act Enactment of Act 2 The National Security and Intelligence Review
Agency Act is enacted as follows: An Act to establish the National Security and Intelligence Review Agency
Short Title Short title 1 This Act may be cited as the National Security and Intelligence Review Agency Act.
Definitions Definitions 2 The following definitions apply in this Act.
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Chapter 13: National Security Act, 2017 PART 1 National Security and Intelligence Review Agency National Security and Intelligence Review Agency Act Section 2
appropriate Minister means (a) with respect to a department named in Schedule I
to the Financial Administration Act, the Minister presiding over the department; (b) with respect to a division or branch of the federal
public administration set out in column I of Schedule I.1 to the Financial Administration Act, the Minister set out in column II of that schedule; (c) with respect to a corporation named in Schedule II to the Financial Administration Act, the Minister designated as the appropriate Minister by order of the Governor in Council made under that Act; (d) with respect to a parent Crown corporation as defined in subsection 83(1) of the Financial Administration Act, the appropriate Minister as defined in that subsection; or (e) with respect to the Canadian Forces, the Minister of National Defence. (ministre compétent)
department means, other than in subsection 42(2), a department named in Schedule I to the Financial Administration Act, a division or branch of the federal public administration — other than a review body and the office of the Intelligence Commissioner — set out in column I of Schedule I.1 to that Act, a corporation named in Schedule II to that Act, a parent Crown corporation as defined in subsection 83(1) of that Act or the Canadian Forces. (ministère) deputy head means, except in section 42, (a) with respect to a department named in Schedule I
to the Financial Administration Act, the deputy minister of that department; (b) with respect to the Canadian Forces, the Chief of
the Defence Staff; (c) with respect to the Royal Canadian Mounted Police, the Commissioner of the Royal Canadian Mounted Police; (d) with respect to the Canadian Security Intelligence
Service, the Director; (e) with respect to any other portion of the federal public administration, the person designated by order of the Governor in Council to be the deputy head of that portion of the federal public administration for the purposes of this Act; and
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Chapter 13: National Security Act, 2017 PART 1 National Security and Intelligence Review Agency National Security and Intelligence Review Agency Act Section 2
(f) with respect to any inquiry established under the
Inquiries Act, if there is a single commissioner, that commissioner or, if there is more than one commissioner, the commissioner designated by order of the Governor in Council to be the deputy head of that inquiry for the purposes of this Act. (administrateur général) Director means the Director of the Canadian Security Intelligence Service. (directeur) Review Agency means the National Security and Intelligence Review Agency established under section 3. (Office de surveillance) review body means the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police established by subsection 45.29(1) of the Royal Canadian Mounted Police Act. (organisme de surveillance)
Review Agency and Members Review Agency established 3 The National Security and Intelligence Review Agency is established, consisting of a Chair and no fewer than three and no more than six other members.
Appointment of members 4 (1) The Governor in Council is to appoint, on the recommendation of the Prime Minister, the members of the Review Agency. Consultation (2) A member may be appointed to the Review Agency
only after consultation by the Prime Minister with (a) the persons referred to in paragraphs 62(a) and (b)
of the Parliament of Canada Act; (b) the leader of every caucus and of every recognized
group in the Senate; (c) the Leader of the Opposition in the House of Commons; and (d) the leader in the House of Commons of each party having at least twelve members in that House.
Term of office (3) Each member of the Review Agency must be appointed to hold office during good behaviour for a term not exceeding five years.
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Reappointment (4) Each member of the Review Agency, on the expiry of
their first term of office, is eligible to be reappointed for one further term. Designation of Chair (5) The Governor in Council is to designate, on the recommendation of the Prime Minister, the Chair of the Review Agency from among the members of the Agency. Designation of Vice-chair (6) The Governor in Council may designate, on the recommendation of the Prime Minister, the Vice-chair of the Review Agency from among the members of the Agency. Full- or part-time members (7) The Chair and Vice-chair may be designated to hold
office on a full-time or part-time basis. Every member of the Review Agency who is not designated as the Chair or Vice-chair holds office on a part-time basis. Acting Chair 5 (1) If the Chair is absent or incapacitated or if the office of Chair is vacant, the Vice-chair of the Review Agency is to act as the Chair; but if the Vice-chair is absent or incapacitated, or if that office is vacant, the Chair may designate another member of the Agency to act as the Chair or, if no such designation is made, the Agency must designate a member of the Agency to act as the Chair.
Limit (2) No member designated under subsection (1) may act
as the Chair for more that 90 days without the approval of the Governor in Council.
Remuneration and expenses 6 (1) Each member of the Review Agency who holds office on a part-time basis is entitled to be paid, for each day that the member exercises powers and performs duties and functions under this Act, the remuneration that is fixed by the Governor in Council and, in accordance with Treasury Board directives, reasonable travel and living expenses incurred in the exercise of their powers and the performance of their duties and functions while absent from their ordinary place of residence. Office held on full-time basis (2) The Chair and Vice-chair, if they are designated to hold office on a full-time basis, are entitled to be paid the remuneration that is fixed by the Governor in Council and, in accordance with Treasury Board directives,
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reasonable travel and living expenses incurred in the exercise of their powers and the performance of their duties and functions while absent from their ordinary place of work. Acts and regulations applicable 7 Each member of the Review Agency is deemed to be an
employee for the purposes of the Government Employees Compensation Act and to be employed in the federal public administration for the purposes of any regulations made under section 9 of the Aeronautics Act. Each fulltime member of the Agency is also deemed to be employed in the public service for the purposes of the Public Service Superannuation Act.
Agency procedures 7.1 Subject to this Act, the Review Agency may determine the procedure to be followed in the exercise of its powers or the performance of any of its duties or functions.
Mandate Review and investigation 8 (1) The mandate of the Review Agency is to (a) review any activity carried out by the Canadian Security Intelligence Service or the Communications Security Establishment; (b) review any activity carried out by a department
that relates to national security or intelligence; (c) review any matter that relates to national security or intelligence that a minister of the Crown refers to the Agency; and (d) investigate (i) any complaint made under subsection 16(1),
17(1) or 18(3), (ii) any complaint referred to the Agency under
subsection 45.53(4.1) or 45.67(2.1) of the Royal Canadian Mounted Police Act, (iii) reports made to the Agency under section 19 of
the Citizenship Act, and (iv) matters referred to the Agency under section 45 of the Canadian Human Rights Act.
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Review of measures (2) In the course of its review of activities carried out by the Canadian Security Intelligence Service, the Review Agency must, each calendar year, review at least one aspect of the Service’s performance in taking measures to reduce threats to the security of Canada.
Review — ministerial direction (2.1) The Review Agency must review the implementation of significant aspects of every new or modified ministerial direction that is issued to any of the following: (a) the Canadian Security Intelligence Service; (b) the Communications Security Establishment; and (c) any other department if the ministerial direction relates to national security or intelligence.
Findings and recommendations (3) In the course of its reviews, the Review Agency may make any finding or recommendation that it considers appropriate, including findings and recommendations relating to (a) a department’s compliance with the law and any
applicable ministerial directions; and (b) the reasonableness and necessity of a department’s exercise of its powers.
Access to Information Right of access — reviews 9 (1) Despite any other Act of Parliament and subject to
section 12, the Review Agency is entitled, in relation to its reviews, to have access in a timely manner to any information that is in the possession or under the control of any department. Protected information (2) Under subsection (1), the Review Agency is entitled
to have access to information that is subject to any privilege under the law of evidence, solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege. For greater certainty (3) For greater certainty, the disclosure to the Review
Agency under this section of any information that is subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege does not constitute a waiver of those privileges or that secrecy.
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Right of access — complaints 10 Despite any other Act of Parliament and any privilege under the law of evidence and subject to section 12, the Review Agency is entitled to have access in a timely manner to the following information: (a) in relation to a complaint made under subsection
16(1), any information that relates to the complaint and that is in the possession or under the control of the Canadian Security Intelligence Service or the Communications Security Establishment; (b) in relation to a complaint made under subsection
17(1), any information that relates to the complaint and that is in the possession or under the control of the Canadian Security Intelligence Service or the Communications Security Establishment; (c) in relation to a complaint made under subsection
18(3), any information that relates to the complaint and that is in the possession or under the control of the deputy head concerned, the Canadian Security Intelligence Service or the Communications Security Establishment; and (d) in relation to a complaint referred to it under subsection 45.53(4.1) or 45.67(2.1) of the Royal Canadian Mounted Police Act, any information that relates to the complaint and that is in the possession or under the control of the review body, the Royal Canadian Mounted Police, the Canadian Security Intelligence Service or the Communications Security Establishment.
Documents and explanations 11 (1) Under sections 9 and 10, the Review Agency is
entitled to receive from the deputy head or employees of the department concerned any documents and explanations that the Agency deems necessary for the exercise of its powers and the performance of its duties and functions. Decision — Review Agency (2) For the purposes of sections 9 and 10, the Review Agency is entitled to decide whether information relates to the review or complaint in question.
Inconsistency or conflict (3) In the event of any inconsistency or conflict between sections 9 and 10 and any provision of an Act of Parliament other than this Act, section 9 or 10 prevails to the extent of the inconsistency or conflict.
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Exception 12 The Review Agency is not entitled to have access to a
confidence of the Queen’s Privy Council for Canada the disclosure of which could be refused under section 39 of the Canada Evidence Act.
Review Body Cooperation 13 The Review Agency and the review body are to take all reasonable steps to cooperate with each other to avoid any unnecessary duplication of work by the Agency and the review body in relation to the fulfilment of their respective mandates.
Provision of information to Review Agency 14 (1) Despite any provision of any other Act of Parliament — including section 45.47 of the Royal Canadian Mounted Police Act — and subject to subsection (2), the review body may provide to the Review Agency information that is in its possession or under its control and that is related, in the review body’s opinion, to the fulfilment of the Agency’s mandate under paragraphs 8(1)(a) to (c).
Exception (2) The review body must not provide to the Review
Agency information that is referred to in section 12. Provision of information to review body 15 (1) The Review Agency may provide to the review body information that is obtained from — or that is created by the Agency from information obtained from — the Royal Canadian Mounted Police and that is related, in the Agency’s opinion, to the fulfilment of the review body’s mandate under subsection 45.34(1) of the Royal Canadian Mounted Police Act.
Exception (2) The Review Agency must not provide to the review
body information that is referred to in subsection 45.42(1) of the Royal Canadian Mounted Police Act.
Coordination Coordination with Privacy Commissioner 15.1 (1) When fulfilling its mandate under any of paragraphs 8(1)(a) to (c), the Review Agency may coordinate
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its activities with those of the Privacy Commissioner under subsection 37(1) of the Privacy Act to avoid any unnecessary duplication of work.
Provision of information (2) The Review Agency may, to the extent that it considers it necessary for the purpose of subsection (1), provide the Privacy Commissioner with information concerning its reviews under any of paragraphs 8(1)(a) to (c).
Complaints Complaints — Canadian Security Intelligence Service 16 (1) Any person may make a complaint to the Review Agency with respect to any activity carried out by the Canadian Security Intelligence Service and the Agency must, subject to subsection (2), investigate the complaint if (a) the complainant has made a complaint to the Director with respect to that activity and the complainant has not received a response within a period of time that the Agency considers reasonable or is dissatisfied with the response given; and (b) the Agency is satisfied that the complaint is not
trivial, frivolous or vexatious or made in bad faith. Other redress available (2) The Review Agency must not investigate a complaint in respect of which the complainant is entitled to seek redress by means of a grievance procedure established under the Canadian Security Intelligence Service Act or the Federal Public Sector Labour Relations Act.
Complaints — Communications Security Establishment 17 (1) Any person may make a complaint to the Review Agency with respect to any activity carried out by the Communications Security Establishment and the Agency must, subject to subsection (2), investigate the complaint if (a) the complainant has made a complaint to the Chief of the Communications Security Establishment with respect to that activity and the complainant has not received a response within a period of time that the Agency considers reasonable or is dissatisfied with the response given; and
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(b) the Agency is satisfied that the complaint is not
trivial, frivolous or vexatious or made in bad faith. Other redress available (2) The Review Agency must not investigate a complaint in respect of which the complainant is entitled to seek redress by means of a grievance procedure established under the Federal Public Sector Labour Relations Act.
Denial of security clearance 18 (1) If, by reason only of the denial of a security clearance required by the Government of Canada, a decision is made by a deputy head to deny employment to an individual or to dismiss, demote or transfer an individual or to deny a promotion or transfer to an individual, the deputy head must send, within 10 days after the decision is made, a notice informing the individual of the denial of the security clearance.
Denial of security clearance (2) If, by reason only of the denial of a security clearance
required by the Government of Canada to be given in respect of an individual, a decision is made to deny the individual or any other person a contract to provide goods or services to the Government of Canada, the deputy head concerned must send, within 10 days after the decision is made, a notice informing the individual and, if applicable, the other person of the denial of the security clearance. Receipt and investigation of complaints (3) The Review Agency must receive and investigate a complaint from (a) any individual referred to in subsection (1) who
has been denied a security clearance; or (b) any person who has been denied a contract to provide goods or services to the Government of Canada by reason only of the denial of a security clearance in respect of that person or any individual.
Time within which complaint is to be made (4) A complaint under subsection (3) must be made
within 30 days after receipt of the notice referred to in subsection (1) or (2) or within any longer period that the Review Agency allows. Complaints — Royal Canadian Mounted Police 19 The Review Agency must receive and investigate a
complaint referred to it under subsection 45.53(4.1) or 45.67(2.1) of the Royal Canadian Mounted Police Act if
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the Agency is satisfied that the complaint is not trivial, frivolous or vexatious or made in bad faith. Complaints submitted on behalf of complainants 20 Nothing in this Act precludes the Review Agency
from receiving and investigating complaints referred to in subsections 16(1), 17(1) and 18(3) that are submitted by a person authorized by the complainant to act on behalf of the complainant, and a reference to a complainant in any other provision of this Act includes a reference to a person so authorized. Written complaint 21 A complaint under subsection 16(1), 17(1) or 18(3)
must be made to the Review Agency in writing unless the Agency authorizes otherwise. Statement to complainant 22 The Review Agency must, as soon as feasible after receiving a complaint made under subsection 18(3), send to the complainant a statement summarizing the information available to the Agency that will enable the complainant to be as fully informed as possible of the circumstances giving rise to the denial of the security clearance and must send a copy of the statement to the Director and the deputy head concerned.
Informal Resolution Informal resolution 23 (1) The Review Agency may attempt to resolve the
complaint informally. Agreement to informal resolution in writing (2) The resolution of a complaint through an informal
process, as well as the agreement of the parties to that resolution, must be set out in writing and a copy is to be provided to the Review Agency.
Investigations Notice of intention to investigate 24 Before commencing an investigation referred to in
subsection 18(3), the Review Agency must inform the Director and, if applicable, the deputy head concerned of its intention to carry out the investigation and of the substance of the matter.
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Investigations in private 25 (1) Every investigation by the Review Agency is to be
conducted in private. Right to make representations (2) In the course of an investigation of a complaint, the complainant, the deputy head concerned and, if the complaint is made under subsection 18(3), the Director must be given an opportunity to make representations to the Review Agency, to present evidence and to be heard personally or by counsel, but no one is entitled as of right to be present during, to have access to or to comment on representations made to the Agency by any other person.
Canadian Human Rights Commission may comment 26 In the course of an investigation of a complaint, the
Review Agency must, if appropriate, ask the Canadian Human Rights Commission for its opinion or comments with respect to the complaint. Powers of Review Agency 27 The Review Agency has, in relation to the investigation of any complaint, the power (a) to summon and enforce the appearance of persons
before the Agency and to compel them to give oral or written evidence on oath and to produce the documents and things that the Agency deems requisite to the full investigation and consideration of the complaint in the same manner and to the same extent as a superior court of record; (b) to administer oaths; and (c) to receive and accept the evidence and other information, whether on oath or by affidavit or otherwise, that the Agency considers appropriate, whether or not that evidence or information is or would be admissible in a court of law. Duty to suspend 27.1 Despite any provision of this Act, the Review Agency must suspend an investigation if, after consultation with the appropriate department, the Agency is of the opinion that continuing the investigation would compromise or seriously hinder an ongoing criminal investigation or proceeding.
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Evidence in other proceedings 28 Except in a prosecution under section 132 or 136 of
the Criminal Code in respect of a statement made under this Act, evidence given by a person in proceedings under this Act and evidence of the existence of the proceedings are inadmissible against that person in a court or in any other proceedings. Report of findings 29 (1) The Review Agency must, (a) on completion of an investigation in relation to a complaint under subsection 16(1), provide the appropriate Minister and the Director with a report containing the findings of the investigation and any recommendations that the Agency considers appropriate; (b) on completion of an investigation in relation to a complaint under subsection 17(1), provide the appropriate Minister and the Chief of the Communications Security Establishment with a report containing the findings of the investigation and any recommendations that the Agency considers appropriate; and (c) on completion of an investigation in relation to a complaint referred to it under subsection 45.53(4.1) or 45.67(2.1) of the Royal Canadian Mounted Police Act, provide the appropriate Minister and the Commissioner of the Royal Canadian Mounted Police with a report containing the findings of the investigation and any recommendations that the Agency considers appropriate.
Complainant (2) After providing a report under any of paragraphs
(1)(a) to (c), the Review Agency must report the findings of the investigation to the complainant and may report to the complainant any recommendations it thinks fit.
Report — denial of security clearance (3) On completion of an investigation in relation to a complaint under subsection 18(3), the Review Agency must provide the Minister of Public Safety and Emergency Preparedness, the Director, the deputy head concerned and the complainant with a report containing any recommendations that the Agency considers appropriate, and those findings of the investigation that the Agency thinks fit to report to the complainant.
Review Agency member authorized to act alone 30 A member of the Review Agency may exercise any of the powers or perform any of the duties and functions of
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the Agency under sections 16 to 29 in relation to complaints.
Departmental Study Power — Review Agency 31 (1) For the purpose of ensuring that a department’s
activities that relate to national security or intelligence are carried out in compliance with the law and any applicable ministerial directions, and are reasonable and necessary, the Review Agency may direct the department to conduct a study of those activities. Report (2) A department that conducts a study under subsection
(1) must provide the appropriate Minister with a report on the study and must give a copy of the report to the Review Agency at the same time.
Reports to Ministers Annual report — Canadian Security Intelligence Service 32 (1) The Review Agency must, in relation to every calendar year, submit to the appropriate Minister a report with respect to the activities of the Canadian Security Intelligence Service during that period. Contents of report (2) The annual report must include information relating
to (a) the compliance of the Canadian Security Intelligence Service with the law and any applicable ministerial directions; and (b) the reasonableness and necessity of the Canadian Security Intelligence Service’s exercise of its powers.
Annual report — Communications Security Establishment 33 (1) The Review Agency must, in relation to every calendar year, submit to the appropriate Minister a report with respect to the activities of the Communications Security Establishment during that period. Contents of report (2) The annual report must include information relating
to (a) the compliance of the Communications Security Establishment with the law and any applicable ministerial directions; and
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(b) the reasonableness and necessity of the Communications Security Establishment’s exercise of its powers.
Report of review 34 The Review Agency may submit to the appropriate
Minister a report with respect to any matter that relates to a department and that is the subject of a review by the Agency. Compliance report 35 (1) The Review Agency must submit to the appropriate Minister a report with respect to any activity that is related to national security or intelligence and carried out by a department if, in the Agency’s opinion, the activity may not be in compliance with the law. The Agency must give a copy of the report to the deputy head concerned. Report and comments to Attorney General of Canada (2) As soon as feasible after the Minister receives a report under subsection (1), he or she must give a copy of the report to the Attorney General of Canada, together with any comment that he or she considers appropriate in the circumstances. Copy to Review Agency (3) The Minister must give a copy of anything given to the Attorney General of Canada under subsection (2) to the Review Agency at the same time.
Copy to Intelligence Commissioner 36 The Review Agency must give a copy of any report, or any part of a report, that it submits under any of sections 32 to 35 to the Intelligence Commissioner if that report or part relates to that Commissioner’s powers, duties and functions.
Annual briefing — Canadian Security Intelligence Service 37 (1) At least once a calendar year the Chair of the Review Agency, or a person designated by the Chair, must meet with the appropriate Minister and brief him or her on the exercise of, or the performance by, the Canadian Security Intelligence Service of its powers, duties and functions.
Annual briefing — Communications Security Establishment (2) At least once a calendar year the Chair of the Review Agency, or a person designated by the Chair, must meet with the appropriate Minister and brief him or her on the exercise of, or the performance by, the Communications
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Security Establishment of its powers, duties and functions. Other briefings (3) The Chair of the Review Agency, or a person designated by the Chair, may meet with any appropriate Minister and brief him or her on a department’s performance in carrying out any activity related to national security or intelligence.
Public Reports Report to Prime Minister 38 (1) The Review Agency must, each calendar year, submit to the Prime Minister a report with respect to its activities during the previous calendar year and the findings and recommendations it made during the calendar year in question.
Tabling (2) The Prime Minister must cause to be laid before each House of Parliament, on any of the first 15 days on which that House is sitting after a report is submitted under subsection (1), a copy of the report.
Security of Canada Information Disclosure Act 39 (1) The Review Agency must, every calendar year, submit to the Minister of Public Safety and Emergency Preparedness a report respecting the disclosure of information under the Security of Canada Information Disclosure Act during the previous calendar year.
Tabling (2) The Minister of Public Safety and Emergency Preparedness must cause to be laid before each House of Parliament, on any of the first 15 days on which that House is sitting after a report is submitted under subsection (1), a copy of the report. Special report 40 (1) If the Review Agency is of the opinion that it is in the public interest to report on any matter related to its mandate, it may submit a special report to the appropriate Minister.
Tabling (2) The appropriate Minister must cause to be laid before each House of Parliament, on any of the first 15 days on which that House is sitting after a report is submitted under subsection (1), a copy of the report.
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Secretariat Secretariat established 41 (1) The National Security and Intelligence Review
Agency Secretariat is established.
Role (2) The Secretariat is to assist the Review Agency in fulfilling its mandate. Executive director 42 (1) There is to be an executive director of the Secretariat, who is to be appointed by the Governor in Council to hold office during pleasure for a term of up to five years. The executive director is eligible to be reappointed on the expiry of a first or subsequent term of office. Deputy head (2) The executive director has the rank and all the powers of a deputy head of a department. Absence or incapacity 43 If the executive director is absent or incapacitated or the office of executive director is vacant, the Governor in Council may appoint another person to act as executive director.
Remuneration and expenses 44 (1) The executive director is entitled to be paid the remuneration that is fixed by the Governor in Council and is entitled to be paid, in accordance with Treasury Board directives, reasonable travel and living expenses incurred in the performance of his or her duties or functions while absent from his or her ordinary place of work.
Compensation (2) The executive director is deemed to be employed in
the public service for the purposes of the Public Service Superannuation Act, to be an employee for the purposes of the Government Employees Compensation Act and to be employed in the federal public administration for the purposes of any regulations made under section 9 of the Aeronautics Act.
Personnel 45 (1) The executive director has exclusive authority to (a) appoint or lay off the Secretariat’s employees, revoke their appointment or terminate their employment; and
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(b) establish standards, procedures and processes governing staffing, including the appointment or layoff of employees, revocation of their appointment or termination of their employment otherwise than for cause.
Right of employer (2) Nothing in the Federal Public Sector Labour Relations Act is to be construed so as to affect the right or authority of the executive director to deal with the matters referred to in subsection (1). Political activities (3) Part 7 of the Public Service Employment Act applies
to the executive director and the Secretariat’s employees. For the purposes of that Part, the executive director is deemed to be a deputy head, and the Secretariat’s employees are deemed to be employees, as defined in subsection 2(1) of that Act. Powers of the executive director 46 In exercising his or her authority under subsection
45(1), the executive director may (a) determine the human resources requirements of
the Secretariat and provide for the allocation and effective utilization of human resources in the Secretariat; (b) provide for the classification of positions in and
employees of the Secretariat; (c) after consultation with the President of the Treasury Board, determine and regulate the pay to which Secretariat employees are entitled for services rendered, the hours of work and leave of those employees and any related matters; (d) after consultation with the President of the Treasury Board, determine and regulate the payments that may be made to Secretariat employees by way of reimbursement for travel or other expenses and by way of allowances in respect of expenses and conditions arising out of their employment; (e) determine the learning, training and development requirements of the Secretariat employees and fix the terms on which the learning, training and development may be carried out; (f) provide for the awards that may be made to Secretariat employees for outstanding performance of their duties, for other meritorious achievement in relation to their duties or for inventions or practical suggestions for improvements;
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(g) establish standards of discipline and set penalties,
including termination of employment, suspension, demotion to a position at a lower maximum rate of pay and financial penalties; (h) provide for the termination of employment, or the
demotion to a position at a lower maximum rate of pay, of Secretariat employees for reasons other than breaches of discipline or misconduct; (i) establish policies respecting the exercise of the powers granted by this section; and (j) provide for any other matters, including terms and
conditions of employment not otherwise specifically provided for in this section, that the executive director considers necessary for effective human resources management in the Secretariat.
Negotiation of collective agreements 47 Before entering into collective bargaining with the
bargaining agent for a bargaining unit composed of Secretariat employees, the executive director must have the Secretariat’s negotiating mandate approved by the President of the Treasury Board. Technical assistance 48 The executive director may engage the services of
persons having technical or specialized knowledge to advise and assist the Review Agency in the exercise of its powers and the performance of its duties and functions and, with the approval of the Treasury Board, may fix and pay their remuneration and expenses.
Security and Confidentiality Oath or solemn affirmation 49 Each member of the Review Agency must take the
following oath or make the following solemn affirmation: I, .........., swear (solemnly affirm) that I will, to the best of my ability, discharge my responsibilities as a member of the National Security and Intelligence Review Agency and will not communicate or use without due authority any information obtained in confidence by me in that capacity.
Compliance with security requirements 50 Each member of the Review Agency, the executive director, each employee of the Secretariat and any person whose services the Secretariat engages under section 48 must
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(a) maintain the security clearance required by the
Government of Canada; and (b) follow established procedures or practices, including any requirement found in a Treasury Board policy, guideline or directive, for the secure handling, storage, transportation and transmission of information or documents.
Disclosure prohibited 51 A member or former member of the Review Agency,
the executive director or a former executive director of the Secretariat or a person who is or was engaged by the Secretariat may disclose information that they obtained, or to which they had access, in the course of exercising their powers or performing their duties and functions under this Act only for the purpose of exercising their powers or performing their duties and functions under this Act or as required by any other law.
Protection of confidential information 52 (1) The Review Agency must consult with the deputy heads concerned in preparing any of the following, in order to ensure that they do not contain information the disclosure of which would be injurious to national security, national defence or international relations or is information that is subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege: (a) a statement under section 22 of this Act, subsection 45(6) of the Canadian Human Rights Act or subsection 19(5) of the Citizenship Act; or (b) a report under subsection 29(2) or (3) or any of sections 38 to 40 of this Act, subsection 46(1) of the Canadian Human Rights Act or subsection 19(6) of the Citizenship Act.
Additional consultation (2) In addition to the consultation set out in subsection
(1) and for the same purpose, the Review Agency must consult with the Director (a) in preparing a statement under section 22 of this
Act, subsection 45(6) of the Canadian Human Rights Act or subsection 19(5) of the Citizenship Act; (b) in preparing a report under subsection 29(3) of this Act, subsection 46(1) of the Canadian Human
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Rights Act or subsection 19(6) of the Citizenship Act; or (c) if the Agency considers it appropriate, in preparing any other report referred to in paragraph (1)(b).
Independence of peace officer 53 The Review Agency must, if appropriate, consult with the department concerned in preparing any report referred to in sections 32 to 34 and 38 to 40 to ensure that the report does not contain information relating to the alleged contravention of any law of Canada or a province that, if it were to be disclosed to any Minister, may be seen to jeopardize the independence of a peace officer having jurisdiction to investigate the alleged contravention.
General Powers not limited 54 Nothing in this Act is to be construed as limiting the
power of any body or person that is authorized under an Act of Parliament to conduct a review or investigation in relation to any activity of a department.
Governor in Council Powers Designations 55 The Governor in council may, by order, designate (a) a federal Minister as the Minister responsible for
this Act; (b) any person to act as deputy head of a portion of the federal public administration for the purposes of paragraph (e) of the definition deputy head in section 2; and (c) a commissioner appointed under the Inquiries Act to act as deputy head of an inquiry for the purposes of paragraph (f) of the definition deputy head in section 2.
Transitional Provisions Definitions 3 The following definitions apply in sections 4 to
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former Commissioner means the Commissioner of the Communications Security Establishment appointed under subsection 273.63(1) of the National Defence Act, as it read immediately before the coming into force of section 68. (ancien commissaire) former Committee means the Security Intelligence Review Committee established by subsection 34(1) of the Canadian Security Intelligence Service Act, as it read immediately before the coming into force of section 2. (ancien comité) new Agency means the National Security and Intelligence Review Agency. (nouvel office)
Chairman of former Committee 4 (1) The person who, immediately before the day on which section 2 comes into force, held office as Chairman of the former Committee ceases to be Chairman and is continued in office as a member of the new Agency for the remainder of the term for which he or she was appointed.
Members of former Committee (2) The members of the former Committee who, immediately before the day on which section 2 comes into force, held office are continued in office as members of the new Agency for the remainder of the term for which they were appointed.
Chair of new Agency (3) As soon as feasible after the day on which section 2 comes into force, the Governor in Council must designate, under subsection 4(5) of the National Security and Intelligence Review Agency Act, the Chair of the new Agency from among the members who continue in office under subsection (1) or (2) or who are appointed under subsection 4(1) of that Act. Employment continued — staff 5 (1) Nothing in this Part is to be construed as affecting the status of any person who, immediately before the day on which section 2 comes into force, occupies a position in the former Committee, except that the person is to, as of that day, occupy their position in the Secretariat of the new Agency.
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Managerial or confidential position (2) For greater certainty, a person’s status includes whether or not they occupy a managerial or confidential position.
Powers, duties and functions 6 A person referred to in section 5 whom the former Committee has authorized to exercise certain powers or perform certain duties or functions relating to a matter before that former Committee, on the day on which section 2 comes into force, retains the authority to exercise those powers and perform those duties and functions.
Appropriations 7 Any money that is appropriated by an Act of Parliament, for the fiscal year in which section 2 comes into force, to defray any expenditure of the former Committee and that, on the day on which section 2 comes into force, is unexpended is deemed, on that day, to be an amount appropriated to defray any expenditure of the new Agency.
Rights and obligations 8 All rights and property of the former Committee and of Her Majesty in right of Canada that are under the administration and control of the former Committee and all obligations of the former Committee are transferred to the new Agency. Contracts 9 A contract respecting the provision of services
or materiel to the former Committee entered into before the day on which section 2 comes into force is deemed to have been entered into by the executive director of the Secretariat of the new Agency. Information — former Committee 10 The former Committee must transfer to the new Agency all information under its control, including information that relates to a complaint before that former Committee, or to any review or investigation that is being undertaken by that Committee, immediately before the day on which section 2 comes into force.
Complaints — former Committee 11 (1) The new Agency becomes seized of any complaint made to the former Committee before the day on which section 2 comes into force and that complaint is deemed to have been made to the new Agency.
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Chapter 13: National Security Act, 2017 PART 1 National Security and Intelligence Review Agency Transitional Provisions Sections 11-13
Reports and matters (2) The new Agency becomes seized of any report
made under section 19 of the Citizenship Act, and any matter referred under section 45 of the Canadian Human Rights Act, to the former Committee before the day on which section 2 comes into force and that report or matter is deemed to have been made or referred, as the case may be, to the new Agency. First report 12 (1) The first report that the new Agency submits under each of subsections 32(1) and 38(1) of the National Security and Intelligence Review Agency Act must include information in respect of any period for which the former Committee has not yet submitted a report under section 53 of the Canadian Security Intelligence Service Act, as it read immediately before the coming into force of section 2.
First report — Communications Security Establishment (2) The first report that the new Agency submits
under each of subsections 33(1) and 38(1) of the National Security and Intelligence Review Agency Act must include information in respect of any period for which the former Commissioner has not yet submitted a report under subsection 273.63(3) of the National Defence Act, as it read immediately before the coming into force of section 2.
Commencement of proceedings 13 (1) Any action, suit or other legal or administrative proceeding that could have been brought against the former Committee may be brought against the new Agency in any court that would have had jurisdiction if the action, suit or proceeding had been brought against the former Committee.
Pending proceedings (2) Any action, suit or other legal or administrative proceeding to which the former Committee is a party that is pending immediately before the day on which section 2 comes into force may be continued by or against the new Agency in the same manner and to the same extent as it could
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Chapter 13: National Security Act, 2017 PART 1 National Security and Intelligence Review Agency Transitional Provisions Sections 13-17
have been continued by or against the former Committee. No compensation 14 Despite the provisions of any contract, agreement or order, no person appointed to hold office as Chairman or as a member of the former Committee has any right to claim or receive any compensation, damages, indemnity or other form of relief from Her Majesty in right of Canada or from any employee or agent or mandatary of Her Majesty for ceasing to hold that office or for the abolition of that office by the operation of this Part.
Information — former Commissioner 15 The former Commissioner must transfer to the new Agency all information under his or her control, including information that relates to a complaint before that former Commissioner, or to any review or investigation that is being undertaken by that former Commissioner, immediately before the day on which section 2 comes into force.
Complaints — former Commissioner 16 The new Agency becomes seized of any complaint made to the former Commissioner before the day on which section 2 comes into force and that complaint is deemed to have been made to the new Agency.
Commencement of proceedings 17 (1) Any action, suit or other legal or administrative proceeding, relating to a review or an investigation, that could have been brought against the former Commissioner may be brought against the new Agency in any court that would have had jurisdiction if the action, suit or proceeding had been brought against the former Commissioner.
Pending proceedings (2) Any action, suit or other legal or administrative proceeding to which the former Commissioner is a party that relates to a review or an investigation and that is pending immediately before the day on which section 2 comes into force may be continued by or against the new Agency in the same manner and to the same extent as it could have been continued by or against the former Commissioner.
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Chapter 13: National Security Act, 2017 PART 1 National Security and Intelligence Review Agency Related and Consequential Amendments Sections 18-21
Related and Consequential Amendments R.S., c. A-1
Access to Information Act 18 Schedule I to the Access to Information Act is amended by deleting the reference, under the heading “Other Government Institutions”, to
Security Intelligence Review Committee Comité de surveillance des activités de renseignement de sécurité 19 Schedule I to the Act is amended by adding
the following in alphabetical order under the heading “Other Government Institutions”: National Security and Intelligence Review Agency Secretariat Secrétariat de l’Office de surveillance des activités en matière de sécurité nationale et de renseignement R.S. c. C-5
Canada Evidence Act 20 Item 18 of the schedule to the Canada Evidence Act is replaced by the following: 18 The National Security and Intelligence Review Agency, for the purposes of sections 16 to 19 of the National Security and Intelligence Review Agency Act, with the exception of any information provided to the Agency by the complainant or an individual who has been denied a security clearance
R.S., c. C-23
Canadian Security Intelligence Service Act 21 (1) The definition Review Committee in section
2 of the Canadian Security Intelligence Service Act is repealed. (2) Section 2 of the Act is amended by adding the following in alphabetical order:
Review Agency means the National Security and Intelligence Review Agency; (Office de surveillance)
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Chapter 13: National Security Act, 2017 PART 1 National Security and Intelligence Review Agency Related and Consequential Amendments Canadian Security Intelligence Service Act Sections 22-24
22 Parts III and IV of the Act are repealed.
Replacement of “Committee” 23 The Act is amended by replacing “Committee” with “Agency” in the following provisions: (a) subsections 6(2) and (4); (b) subsection 12.1(3.5); (c) subsection 17(2); (d) subsection 19(3); and (e) subsection 20(4).
R.S., c. C-29
Citizenship Act 24 (1) Subsection 19(1) of the Citizenship Act is replaced by the following:
Definitions 19 (1) The following definitions apply in this section
and sections 19.1, 19.2 and 20. Review Agency means the National Security and Intelligence Review Agency. (Office de surveillance) threats to the security of Canada has the same meaning as in section 2 of the Canadian Security Intelligence Service Act. (menaces envers la sécurité du Canada)
(2) Subsection 19(4) of the Act is replaced by the
following: Application of the National Security and Intelligence Review Agency Act (4) Where a report is made to the Review Agency pursuant to subsection (2), the Review Agency shall investigate the grounds on which it is based and for that purpose sections 10 to 12, 20, 25 to 28 and 30 of the National Security and Intelligence Review Agency Act apply, with any necessary modifications, to the investigation as if the investigation were conducted in relation to a complaint made under subsection 18(3) of that Act, except that a reference in any of those provisions to “deputy head” shall be read as a reference to the Minister.
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Chapter 13: National Security Act, 2017 PART 1 National Security and Intelligence Review Agency Related and Consequential Amendments Citizenship Act Sections 25-29
Replacement of “Committee” 25 The Act is amended by replacing “Committee” with “Agency” in the following provisions: (a) subsections 19(2) and (4.1) to (6); (b) subsection 19.1(1); (c) subsection 19.2(1); and (d) subsection 20(1).
R.S., c. F-11
Financial Administration Act 26 Subsection 13(2) of the Financial Administration Act is replaced by the following:
Restriction (2) If a person has made a complaint with respect to a security assessment to the National Security and Intelligence Review Agency, that person may not be dismissed by the Governor in Council until after the completion of the investigation in relation to that complaint. 27 Schedule I.1 to the Act is amended by deleting the reference, in column I, to Security Intelligence Review Committee Comité de surveillance des activités de renseignement de sécurité
and the corresponding reference in column II to “Prime Minister”. 28 Schedule I.1 to the Act is amended by adding,
in alphabetical order in column I, a reference to National Security and Intelligence Review Agency Secretariat Secrétariat de l’Office de surveillance des activités en matière de sécurité nationale et de renseignement and a corresponding reference in column II to “Prime Minister”. 29 Schedule V to the Act is amended by deleting the reference to Security Intelligence Review Committee Comité de surveillance des activités de renseignement de sécurité
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Chapter 13: National Security Act, 2017 PART 1 National Security and Intelligence Review Agency Related and Consequential Amendments Financial Administration Act Sections 30-33
30 Schedule V to the Act is amended by adding
the following in alphabetical order: National Security and Intelligence Review Agency Secretariat Secrétariat de l’Office de surveillance des activités en matière de sécurité nationale et de renseignement 31 Part III of Schedule VI to the Act is amended
by deleting the reference, in column I, to Security Intelligence Review Committee Comité de surveillance des activités de renseignement de sécurité and the corresponding reference in column II to “Chairman”. 32 Part III of Schedule VI to the Act is amended
by adding, in alphabetical order in column I, a reference to National Security and Intelligence Review Agency Secretariat Secrétariat de l’Office de surveillance des activités en matière de sécurité nationale et de renseignement and a corresponding reference in column II to “executive director”. R.S., c. H-6
Canadian Human Rights Act 33 (1) Subsection 45(1) of the Canadian Human
Rights Act is replaced by the following:
Definition of Review Agency 45 (1) In this section and section 46, Review Agency means the National Security and Intelligence Review Agency. (2) The Act is amended by replacing “Committee” with “Agency” in subsections 45(2) and (4).
(3) Subsection 45(5) of the Act is replaced by the following:
National Security and Intelligence Review Agency Act (5) If a matter is referred to the Review Agency under
paragraph (2)(b), sections 10 to 12, 20, 24 to 28 and 30 of the National Security and Intelligence Review Agency
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Chapter 13: National Security Act, 2017 PART 1 National Security and Intelligence Review Agency Related and Consequential Amendments Canadian Human Rights Act Sections 33-35
Act apply, with any necessary modifications, to the matter as if the referral were a complaint made under subsection 18(3) of that Act, except that a reference in any of those provisions to “deputy head” is to be read as a reference to the minister referred to in subsection (2). (4) The Act is amended by replacing “Committee” with “Agency” in subsection 45(6).
34 Subsection 46(1) of the Act is replaced by the
following: Report 46 (1) On completion of its investigation under section 45, the Review Agency shall, not later than 90 days after the matter is referred to it under paragraph 45(2)(b), provide the Commission, the minister referred to in subsection 45(2), the Director of the Canadian Security Intelligence Service and the complainant with a report containing the Agency’s findings. On request of the Agency, the Commission may extend the time for providing a report. R.S., c. O-5; 2001, c. 41, s. 25
Security of Information Act 35 (1) Paragraph (a) of the definition person permanently bound to secrecy in subsection 8(1) of the French version of the Security of Information Act is replaced by the following: a) Le membre ou l’employé — ancien ou actuel — d’un ministère, d’un secteur ou d’un organisme de l’administration publique fédérale mentionné à l’annexe; (2) The definition person permanently bound to secrecy in subsection 8(1) of the Act is amended by striking out “or” at the end of paragraph (a) and by adding the following after that paragraph: (a.1) a current or former member of the National Security and Intelligence Review Agency; or (3) Paragraph (b) of the definition person permanently bound to secrecy in subsection 8(1) of the French version of the Act is replaced by the following: b) la personne qui a reçu signification à personne de l’avis mentionné au paragraphe 10(1) ou qui a été informée de sa délivrance conformément aux
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Chapter 13: National Security Act, 2017 PART 1 National Security and Intelligence Review Agency Related and Consequential Amendments Security of Information Act Sections 35-37.2
règlements pris en vertu du paragraphe 11(2). (person permanently bound to secrecy) 36 Paragraph 15(5)(b) of the Act is replaced by
the following: (b) the person has, if he or she has not received a response from the deputy head or the Deputy Attorney General of Canada, as the case may be, within a reasonable time, brought his or her concern to and provided all relevant information in the person’s possession to the National Security and Intelligence Review Agency, if the person’s concern relates to an alleged offence that has been, is being or is about to be committed by another person in the purported performance of that person’s duties and functions of service for, or on behalf of, the Government of Canada and he or she has not received a response from that Agency within a reasonable time. 37 The schedule to the Act is amended by adding the following in alphabetical order:
National Security and Intelligence Review Agency Secretariat Secrétariat de l’Office de surveillance des activités en matière de sécurité nationale et de renseignement R.S., c. P-21
Privacy Act 37.1 Section 37 of the Privacy Act is amended by
adding the following after subsection (4):
Coordination with Review Agency (5) The Privacy Commissioner may coordinate his or her activities under subsection (1) with those of the National Security and Intelligence Review Agency under any of paragraphs 8(1)(a) to (c) of the National Security and Intelligence Review Agency Act to avoid any unnecessary duplication of work.
37.2 Section 64 of the Act is amended by adding
the following after subsection (2):
Provision of information (3) The Privacy Commissioner may disclose or may authorize any person acting on behalf or under the direction of the Commissioner to disclose — to the extent that
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Chapter 13: National Security Act, 2017 PART 1 National Security and Intelligence Review Agency Related and Consequential Amendments Privacy Act Sections 37.2-41
the Commissioner or the authorized person, as the case may be, considers necessary for the purpose of subsection 37(5) — information concerning the Commissioner’s activities under subsection 37(1) to the National Security and Intelligence Review Agency. 38 The schedule to the Act is amended by deleting, under the heading “Other Government Institutions”, the reference to Security Intelligence Review Committee Comité de surveillance des activités de renseignement de sécurité 39 The schedule to the Act is amended by adding, in alphabetical order under the heading “Other Government Institutions”, a reference to
National Security and Intelligence Review Agency Secretariat Secrétariat de l’Office de surveillance des activités en matière de sécurité nationale et de renseignement R.S., c. P-36
Public Service Superannuation Act 40 Part I of Schedule I to the Public Service Superannuation Act is amended by adding the following in alphabetical order: National Security and Intelligence Review Agency Secretariat Secrétariat de l’Office de surveillance des activités en matière de sécurité nationale et de renseignement R.S., c. R-10
Royal Canadian Mounted Police Act 41 The Royal Canadian Mounted Police Act is
amended by adding the following after section 45.35: National security 45.351 (1) The Commission does not have jurisdiction to conduct a review of an activity that is related to national security.
Referral (2) The Commission shall refer any matter related to national security arising from a request for a review under section 45.34 or 45.35 to the National Security and Intelligence Review Agency.
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Chapter 13: National Security Act, 2017 PART 1 National Security and Intelligence Review Agency Related and Consequential Amendments Royal Canadian Mounted Police Act Sections 41-43
42 Section 45.53 of the Act is amended by adding the following after subsection (4):
National security (4.1) The Commission shall refuse to deal with a complaint concerning an activity that is closely related to national security and shall refer such a complaint to the National Security and Intelligence Review Agency.
Notification of referral (4.2) The Commission shall notify the Commissioner if it
refers a complaint to the National Security and Intelligence Review Agency. After doing so, it shall also notify the complainant of the referral. 43 Subsections 45.67(3) and (4) of the Act are replaced by the following: Referral — National security (2.1) The Commission shall discontinue an investigation of a complaint if subsection 45.53(4.1) applies and shall refer the complaint to the National Security and Intelligence Review Agency.
Notice to the Commissioner and complainant (3) Subject to subsection (3.1), if the Commission discontinues an investigation of a complaint, the Commission shall give notice in writing of the discontinuance and the reasons for it to the complainant and the Commissioner. Notice — application of subsection (2.1) (3.1) If the investigation of a complaint is discontinued under subsection (2.1), the Commission shall give to the Commissioner notice in writing of the investigation’s discontinuance and the referral of the complaint to the National Security and Intelligence Review Agency. After doing so, the Commission shall give notice in writing of the discontinuance and the referral to the complainant.
Notice to member and other persons (4) After receiving the notice, the Commissioner shall
notify the member or other person whose conduct is the subject matter of the complaint of the discontinuance of the investigation of the complaint and, if applicable, of the referral made under subsection (2.1).
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Chapter 13: National Security Act, 2017 PART 1 National Security and Intelligence Review Agency Related and Consequential Amendments Public Sector Compensation Act Sections 44-47
1991, c. 30
Public Sector Compensation Act 44 Schedule I to the Public Sector Compensation Act is amended by deleting, under the heading “Other Portions of the Public Service”, the reference to Security Intelligence Review Committee Comité de surveillance des activités de renseignements de sécurité 45 Schedule I to the Act is amended by adding, in
alphabetical order under the heading “Other Portions of the Public Service”, a reference to National Security and Intelligence Review Agency Secretariat Secrétariat de l’Office de surveillance des activités en matière de sécurité nationale et de renseignement 2000, c. 17; 2001, c. 41, s. 48
Proceeds of Crime (Money Laundering) and Terrorist Financing Act 46 The Proceeds of Crime (Money Laundering)
and Terrorist Financing Act is amended by adding the following after section 53.3: National Security and Intelligence Review Agency Act 53.4 The Director shall, at the request of the Minister or an officer of the Department of Finance, disclose to the Minister or the officer, as the case may be, in the form and manner that the Minister or officer directs, any information under the control of the Centre that would assist the Minister in exercising his or her powers or performing his or her duties or functions under the National Security and Intelligence Review Agency Act. 47 The portion of subsection 55(1) of the Act before paragraph (a) is replaced by the following:
Disclosure by Centre prohibited 55 (1) Subject to subsections (3) and (6.1), sections 52, 53.4, 55.1, 56.1 and 56.2, subsection 58(1) and sections 65 to 65.1 and 68.1 of this Act and to subsection 12(1) of the Privacy Act, the Centre shall not disclose the following:
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Chapter 13: National Security Act, 2017 PART 1 National Security and Intelligence Review Agency Coordinating Amendments Sections 48-49
Coordinating Amendments Part 3 of this Act
48 On the first day on which both sections 2 and
76 of this Act are in force, subsection 17(2) of the National Security and Intelligence Review Agency Act is replaced by the following:
Other redress available (2) The Review Agency must not investigate a complaint in respect of which the complainant is entitled to seek redress by means of a grievance procedure established under the Communications Security Establishment Act or the Federal Public Sector Labour Relations Act.
Bill C-22
49 (1) The following definitions apply in this section. new Act means the National Security and Intelligence Review Agency Act, as enacted by section 2 of this Act. (nouvelle loi) other Act means Bill C-22, introduced in the 1st session of the 42nd Parliament and entitled the National Security and Intelligence Committee of Parliamentarians Act. (autre loi)
(2) Subsections (3) to (11) apply if the other Act
receives royal assent. (3) On the first day on which both section 4 of the other Act and section 2 of this Act are in force (a) the definition review body in section 2 of the
other Act is amended by adding “or” at the end of paragraph (a) and by replacing paragraphs (b) and (c) with the following: (b) the National Security and Intelligence Review Agency. (organisme de surveillance) (b) section 13 of the other Act is amended by
adding the following after subsection (2):
For greater certainty (2.1) For greater certainty, the disclosure to the Committee under this section of any information that is subject to solicitor-client privilege or the professional secrecy of
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Chapter 13: National Security Act, 2017 PART 1 National Security and Intelligence Review Agency Coordinating Amendments Section 49
advocates and notaries or to litigation privilege does not constitute a waiver of those privileges or that secrecy. (c) subsection 16(3) of the other Act is replaced
by the following: Review bodies informed of decision (3) The appropriate Minister must provide the decision and reasons to the National Security and Intelligence Review Agency and, in the case of information under the control of the Royal Canadian Mounted Police, the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police. (d) section 23 of the other Act is amended by
adding “or” at the end of paragraph (a) and by replacing paragraphs (b) and (c) with the following: (b) to the National Security and Intelligence Review
Agency, information that is related to the fulfilment of that review body’s mandate under paragraphs 8(1)(a) to (c) of the National Security and Intelligence Review Agency Act. (e) the definition review body in section 2 of the
new Act is replaced by the following:
review body means (a) the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police established by subsection 45.29(1) of the Royal Canadian Mounted Police Act; or (b) the National Security and Intelligence Committee of Parliamentarians. (organisme de surveillance) (f) paragraph 10(d) of the new Act is replaced
by the following: (d) in relation to a complaint referred to it under subsection 45.53(4.1) or 45.67(2.1) of the Royal Canadian Mounted Police Act, any information that relates to the complaint and that is in the possession or under the control of the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police established by subsection 45.29(1) of the Royal Canadian Mounted Police Act, the Royal Canadian Mounted Police, the Canadian Security Intelligence Service or the Communications Security Establishment. (g) section 13 of the new Act is replaced by the
following:
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Cooperation 13 The Review Agency and each review body are to take
all reasonable steps to cooperate with each other to avoid any unnecessary duplication of work by the Review Agency and that review body in relation to the fulfilment of their respective mandates. (h) subsection 14(1) of the English version of
the new Act is replaced by the following: Provision of information to Review Agency 14 (1) Despite any provision of any other Act of Parliament — including section 45.47 of the Royal Canadian Mounted Police Act — and subject to subsection (2), a review body may provide to the Review Agency information that is in its possession or under its control and that is related, in the review body’s opinion, to the fulfilment of the Agency’s mandate under paragraphs 8(1)(a) to (c). (i) subsection 15(1) of the new Act is replaced by the following:
Civilian Review and Complaints Commission 15 (1) The Review Agency may provide to the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police information that is obtained from — or that is created by the Agency from information obtained from — the Royal Canadian Mounted Police and that is related, in the Agency’s opinion, to the fulfilment of that review body’s mandate under subsection 45.34(1) of the Royal Canadian Mounted Police Act. (j) the new Act is amended by adding the following after section 15: National Security and Intelligence Committee of Parliamentarians 15.1 (1) The Review Agency may provide to the National Security and Intelligence Committee of Parliamentarians information that is related, in the Agency’s opinion, to the fulfilment of that review body’s mandate under section 8 of the National Security and Intelligence Committee of Parliamentarians Act. Exception (2) The Review Agency must not provide to the review
body (a) information that is referred to in section 14 of the National Security and Intelligence Committee of Parliamentarians Act; or
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Chapter 13: National Security Act, 2017 PART 1 National Security and Intelligence Review Agency Coordinating Amendments Section 49
(b) information that is the subject of a decision that
has been provided to the Review Agency under subsection 16(3) of that Act. (4) If subsection 40(1) of the other Act comes into force before subsection 35(1) of this Act, then that subsection 35(1) is repealed. (5) If subsection 35(1) of this Act comes into force
before subsection 40(1) of the other Act, then that subsection 40(1) is repealed. (6) If subsection 40(1) of the other Act comes into force on the same day as subsection 35(1) of this Act, then that subsection 35(1) is deemed never to have come into force and is repealed.
(7) On the first day on which both subsection
40(2) of the other Act and subsection 35(2) of this Act are in force, (a) paragraph (a.1) of the definition person permanently bound to secrecy in subsection 8(1) of the Security of Information Act, as enacted by subsection 35(2) of this Act, is amended by striking out “or” at the end of that paragraph (a.1); and (b) paragraph (a.1) of the definition person permanently bound to secrecy in subsection 8(1) of the Security of Information Act, as enacted by subsection 40(2) of the other Act, is renumbered as paragraph (a.2) and is repositioned accordingly if required. (8) If subsection 40(3) of the other Act comes into force before subsection 35(3) of this Act, then that subsection 35(3) is repealed. (9) If subsection 35(3) of this Act comes into force
before subsection 40(3) of the other Act, then that subsection 40(3) is repealed. (10) If subsection 40(3) of the other Act comes into force on the same day as subsection 35(3) of this Act, then that subsection 35(3) is deemed never to have come into force and is repealed.
(11) On the first day on which both section 47 of the other Act and section 46 of this Act are in force, (a) section 53.4 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, as enacted by section 47 of the other Act, is
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renumbered as section 53.5 and is repositioned accordingly if required; and (b) the portion of subsection 55(1) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act before paragraph (a) is replaced by the following: Disclosure by Centre prohibited 55 (1) Subject to subsections (3) and (6.1), sections 52, 53.4, 53.5, 55.1, 56.1 and 56.2, subsection 58(1) and sections 65 to 65.1 and 68.1 of this Act and to subsection 12(1) of the Privacy Act, the Centre shall not disclose the following:
PART 1.1
Avoiding Complicity in Mistreatment by Foreign Entities Avoiding Complicity in Mistreatment by Foreign Entities Act Enactment of Act 49.1 The Avoiding Complicity in Mistreatment by Foreign Entities Act, whose text is as follows and whose schedule is set out in the schedule to this Act, is enacted as follows:
An Act respecting the disclosure of and request for information that would result in a substantial risk of mistreatment of an individual by a foreign entity and the use of information that is likely to have been obtained as the result of mistreatment of an individual by a foreign entity Preamble
Whereas a fundamental responsibility of the Government of Canada is to protect Canada’s national security and the safety of Canadians; Whereas Parliament recognizes that information needs to be disclosed, requested or used in order to enable the Government to fulfill that responsibility; Whereas that responsibility must be fulfilled in accordance with the rule of law and in a manner that safeguards the rights and freedoms of Canadians and
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Chapter 13: National Security Act, 2017 PART 1.1 Avoiding Complicity in Mistreatment by Foreign Entities Avoiding Complicity in Mistreatment by Foreign Entities Act Section 49.1
that respects the Canadian Charter of Rights and Freedoms; Whereas Canada is a party to a number of international agreements that prohibit torture and other cruel, inhuman or degrading treatment or punishment, including the Geneva Conventions, the International Covenant on Civil and Political Rights and the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; Whereas torture is an offence under the Criminal Code, which Act also prohibits aiding and abetting the commission of torture, counselling the commission of torture, conspiring to commit torture, attempting to commit torture and being an accessory after the fact to torture; And whereas torture and other cruel, inhuman or degrading treatment or punishment of individuals are an affront to Canadian values and are opposed by the Government of Canada in the strongest terms;
Now therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Short Title Short title 1 This Act may be cited as the Avoiding Complicity in
Mistreatment by Foreign Entities Act.
Definitions Definitions 2 The following definitions apply in this Act.
appropriate Minister means (a) with respect to a department named in Schedule I
to the Financial Administration Act, the Minister presiding over the department; (b) with respect to a division or branch of the federal
public administration set out in column I of Schedule I.1 to the Financial Administration Act, the Minister set out in column II of that Schedule; (c) with respect to a corporation named in Schedule II to the Financial Administration Act, the Minister
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Chapter 13: National Security Act, 2017 PART 1.1 Avoiding Complicity in Mistreatment by Foreign Entities Avoiding Complicity in Mistreatment by Foreign Entities Act Section 49.1
designated as the appropriate Minister by order of the Governor in Council made under that Act; (d) with respect to a parent Crown corporation as defined in subsection 83(1) of the Financial Administration Act, the appropriate Minister as defined in that subsection; or (e) with respect to the Canadian Forces, the Minister of National Defence. (ministre compétent)
department means a department named in Schedule I to the Financial Administration Act, a division or branch of the federal public administration set out in column I of Schedule I.1 to that Act, a corporation named in Schedule II to that Act, a parent Crown corporation as defined in subsection 83(1) of that Act or the Canadian Forces. (ministère) deputy head means (a) with respect to a department named in Schedule I
to the Financial Administration Act, the deputy minister of that department; (b) with respect to the Canadian Forces, the Chief of the Defence Staff; (c) with respect to the Royal Canadian Mounted Police, the Commissioner of the Royal Canadian Mounted Police; (d) with respect to the Canadian Security Intelligence
Service, the Director; (e) with respect to the Canada Border Services Agency, the President; (f) with respect to the Communications Security Establishment, the Chief; and (g) with respect to any other portion of the federal public administration, the person designated by order of the Governor in Council to be the deputy head of that portion of the federal public administration for the purposes of this Act. (administrateur général)
mistreatment means torture or other cruel, inhuman or degrading treatment or punishment, within the meaning of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, signed at New York on December 10, 1984. (mauvais traitements)
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review body means (a) the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police established by subsection 45.29(1) of the Royal Canadian Mounted Police Act; (b) the Commissioner of the Communications Security Establishment appointed under subsection 273.63(1) of the National Defence Act; or (c) the Security Intelligence Review Committee established by subsection 34(1) of the Canadian Security Intelligence Service Act. (organisme de surveillance)
Directions Authority to issue 3 (1) The Governor in Council may, on the recommendation of the appropriate Minister, issue written directions to any deputy head in respect of (a) the disclosure of information to any foreign entity
that would result in a substantial risk of mistreatment of an individual; (b) the making of requests to any foreign entity for information that would result in a substantial risk of mistreatment of an individual; and (c) the use of information that is likely to have been obtained through the mistreatment of an individual by a foreign entity.
Obligation to issue (2) The Governor in Council must issue written directions in respect of the matters referred to in subsection (1) to the following deputy heads: (a) the Chief of the Defence Staff; (b) the Deputy Minister of National Defence; (c) the Deputy Minister of Foreign Affairs; (d) the Commissioner of the Royal Canadian Mounted
Police; (e) the Director of the Canadian Security Intelligence
Service; (f) the President of the Canada Border Services Agency; and
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(g) the Chief of the Communications Security Establishment.
Directions not statutory instruments (3) Directions are not statutory instruments within the
meaning of the Statutory Instruments Act. Amendments to schedule 4 The Governor in Council may, by order, amend the
schedule to add a reference to each deputy head to whom directions have been issued under section 3 or to delete any such reference if the directions that were issued to the deputy head have been repealed or if the deputy head’s position has ceased to exist or has changed name.
Deputy Heads Directions to be made available to public 5 Every deputy head to whom directions have been issued under section 3 must, as soon as feasible after receiving them, make them available to the public. Copy to be provided 6 Every deputy head to whom directions have been issued under section 3 must, as soon as feasible after receiving them, provide a copy of the directions to the National Security and Intelligence Committee of Parliamentarians and, if applicable, to the relevant review body.
Report 7 (1) Every deputy head to whom directions have been
issued under section 3 must, before March 1 of each year, submit to the appropriate Minister a report in respect of the implementation of those directions during the previous calendar year. Version available to the public (2) Every deputy head must, as soon as feasible after submitting a report under subsection (1), make a version of it available to the public that does not contain information (a) the disclosure of which would be injurious to national security, national defence or international relations or compromise an ongoing operation or investigation; or (b) that is subject to solicitor-client privilege or the
professional secrecy of advocates and notaries or to litigation privilege.
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Appropriate Ministers Obligation to provide copy 8 (1) As soon as feasible after receiving a report under section 7, the appropriate Minister must provide a copy of it to the National Security and Intelligence Committee of Parliamentarians and, if applicable, to the relevant review body.
Restriction (2) The copy must not contain any information that the Committee or the relevant review body is not entitled to receive.
Coordinating Amendments Part 1.1 of this Act
49.2 On the first day on which both sections 2 and 49.1 of this Act are in force, (a) section 8 of the National Security and Intelligence Review Agency Act is amended by adding the following after subsection (2.1):
Avoiding Complicity in Mistreatment by Foreign Entities Act (2.2) In the course of its review of activities carried out by departments, the Review Agency must, each calendar year, review the implementation of all directions issued under the Avoiding Complicity in Mistreatment by Foreign Entities Act. (b) the definition review body in section 2 of the Avoiding Complicity in Mistreatment by Foreign Entities Act is repealed; (c) section 6 of the Avoiding Complicity in Mistreatment by Foreign Entities Act is replaced by the following:
Copy to be provided 6 Every deputy head to whom directions have been issued under section 3 must, as soon as feasible after receiving them, provide a copy of the directions to the National Security and Intelligence Committee of Parliamentarians, the National Security and Intelligence Review Agency and, if applicable, the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police.
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(d) section 8 of the Avoiding Complicity in
Mistreatment by Foreign Entities Act is replaced by the following: Obligation to provide copy 8 (1) As soon as feasible after receiving a report under section 7, the appropriate Minister must provide a copy of it to the National Security and Intelligence Committee of Parliamentarians, the National Security and Intelligence Review Agency and, if applicable, the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police.
Restriction (2) The copy must not contain any information that the
Committee, the Agency or the Commission is not entitled to receive.
PART 2
Intelligence Commissioner Intelligence Commissioner Act Enactment of Act 50 The Intelligence Commissioner Act is enacted
as follows: An Act respecting the office of the Intelligence Commissioner
Short Title Short title 1 This Act may be cited as the Intelligence Commissioner Act.
Definition Definition 2 In this Act, Commissioner means the Intelligence Commissioner appointed under subsection 4(1).
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Designation of Minister Order in council 3 The Governor in Council may, by order, designate a
federal minister as the Minister responsible for this Act.
Commissioner Appointment 4 (1) The Governor in Council, on the recommendation of the Prime Minister, is to appoint a retired judge of a superior court as the Intelligence Commissioner, to hold office during good behaviour for a term of not more than five years.
Reappointment (2) A person appointed to be Commissioner is eligible to be reappointed for one additional term of not more than five years.
Part-time (3) The Commissioner is to perform his or her duties and
functions on a part-time basis. Remuneration (4) The Commissioner is to be paid the remuneration
that may be fixed by the Governor in Council. Travel and living expenses (5) The Commissioner is entitled to be paid, in accordance with Treasury Board directives, reasonable travel and living expenses incurred in the exercise of his or her powers and the performance of his or her duties and functions under this or any other Act of Parliament, while absent from his or her ordinary place of residence. Deemed employment (6) The Commissioner is deemed to be an employee for the purposes of the Government Employees Compensation Act and to be employed in the federal public administration for the purposes of any regulations made under section 9 of the Aeronautics Act.
Acting Commissioner (7) In the event of the Commissioner’s absence or incapacity, or if that office is vacant, the Governor in Council is to appoint a retired judge of a superior court to act as Commissioner and, while acting as Commissioner, that person has all the Commissioner’s powers, duties and functions under this or any other Act of Parliament.
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Rank of deputy head 5 The Commissioner has the rank and all the powers of a deputy head of a department and has control and management of his or her office and all matters connected with it.
Personnel 6 (1) The Commissioner has exclusive authority to (a) appoint or lay off employees, revoke their appointment or terminate their employment; and (b) establish standards, procedures and processes governing staffing, including governing the appointment of employees, lay-off of employees, revocation of their appointment or termination of their employment otherwise than for cause.
Right of employer (2) Nothing in the Federal Public Sector Labour Relations Act is to be construed so as to affect the Commissioner’s right or authority to deal with the matters referred to in subsection (1).
Political activities (3) Part 7 of the Public Service Employment Act applies
to the Commissioner and to his or her employees. For the purposes of that Part, the Commissioner is deemed to be a deputy head, and his or her employees are deemed to be employees, as those terms are defined in subsection 2(1) of that Act. Powers of Commissioner 7 In the exercise of his or her authority under subsection 6(1), the Commissioner may (a) determine his or her human resources requirements and provide for the allocation and effective utilization of human resources; (b) provide for the classification of positions and employees; (c) after consultation with the President of the Treasury Board, determine and regulate the pay to which employees are entitled for services rendered, the hours of work and leave of the employees and any related matters; (d) after consultation with the President of the Treasury Board, determine and regulate the payments that may be made to employees by way of reimbursement for travel or other expenses and by way of allowances in respect of expenses and conditions arising out of their employment;
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(e) determine employees’ learning, training and development requirements and fix the terms on which the learning, training and development may be carried out; (f) provide for the awards that may be made to employees for outstanding performance of their duties, for other meritorious achievement in relation to their duties or for inventions or practical suggestions for improvements; (g) establish standards of discipline and set penalties, including termination of employment, suspension, demotion to a position at a lower maximum rate of pay and financial penalties; (h) provide for the termination of employment, or the
demotion to a position at a lower maximum rate of pay, for reasons other than breaches of discipline or misconduct; (i) establish policies respecting the exercise of the
powers granted by this section; and (j) provide for any other matters, including terms and
conditions of employment not otherwise specifically provided for in this section, that the Commissioner considers necessary for effective human resources management. Negotiation of collective agreements 8 Before entering into collective bargaining with the bargaining agent for a bargaining unit composed of his or her employees, the Commissioner must have his or her negotiating mandate approved by the President of the Treasury Board.
Technical assistance 9 The Commissioner may engage on a temporary basis
the services of persons having technical or specialized knowledge to advise and assist the Commissioner in the exercise of his or her powers and the performance of his or her duties and functions under this or any other Act of Parliament and, with the approval of Treasury Board, may fix and pay the remuneration and expenses of those persons. Oath or solemn affirmation 10 (1) The Commissioner must, before commencing the
duties and functions of office, take the following oath or make the following solemn affirmation: I, .........., swear (solemnly affirm) that I will, to the best of my ability, discharge my responsibilities as the Intelligence Commissioner and will not communicate or use without due authority any information obtained in confidence by me in that capacity.
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Security clearance (2) Every employee of the Commissioner and every person whose services are engaged under section 9 must maintain the security clearance required by the Government of Canada. Security requirements (3) The Commissioner and every person referred to in
subsection (2) must follow established procedures or practices, including any requirement found in a Treasury Board policy, guideline or directive, for the secure handling, storage, transportation and transmission of information or documents.
Disclosure limited 11 The Commissioner, a former Commissioner, any current or former employee and any person whose services are or were engaged under section 9 may disclose information that they obtained, or to which they had access, in the course of exercising their powers or performing their duties and functions under this or any other Act of Parliament only for the purpose of exercising those powers or performing those duties and functions or as required by any other law.
Duties and Functions Review and approval 12 The Commissioner is responsible, as set out in sections 13 to 20, for (a) reviewing the conclusions on the basis of which
certain authorizations are issued or amended, and certain determinations are made, under the Communications Security Establishment Act and the Canadian Security Intelligence Service Act; and (b) if those conclusions are reasonable, approving
those authorizations, amendments and determinations. Foreign Intelligence Authorization 13 The Commissioner must review whether the conclusions — made under subsections 34(1) and (2) of the Communications Security Establishment Act and on the basis of which a Foreign Intelligence Authorization was issued under subsection 26(1) of that Act — are reasonable. Cybersecurity Authorization 14 The Commissioner must review whether the conclusions — made under subsections 34(1) and (3) of the
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Communications Security Establishment Act and on the basis of which a Cybersecurity Authorization was issued under subsection 27(1) or (2) of that Act — are reasonable. Amended Authorization 15 The Commissioner must review whether the conclusions — made under paragraph 39(2)(a) of the Communications Security Establishment Act and on the basis of which an authorization referred to in section 13 is amended, or made under paragraph 39(2)(b) of that Act and on the basis of which an authorization referred to in section 14 is amended — are reasonable. Classes of Canadian datasets 16 The Commissioner must review whether the conclusions — made under subsection 11.03(2) of the Canadian Security Intelligence Service Act and on the basis of which a class of Canadian datasets is determined under subsection 11.03(1) of that Act — are reasonable.
Retention of foreign datasets 17 The Commissioner must review whether the conclusions — made under subsection 11.17(1) of the Canadian Security Intelligence Service Act and on the basis of which the retention of a foreign dataset was authorized — are reasonable.
Query of dataset in exigent circumstances 18 The Commissioner must review whether the conclusions — made under subsection 11.22(1) of the Canadian Security Intelligence Service Act and on the basis of which a query of a dataset in exigent circumstances was authorized — are reasonable.
Classes of acts or omissions 19 The Commissioner must review whether the conclusions — made under subsection 20.1(3) of the Canadian Security Intelligence Service Act and on the basis of which a class of acts or omissions is determined — are reasonable.
Commissioner’s decision 20 (1) After conducting a review under any of sections 13 to 16, 18 and 19, the Commissioner, in a written decision, (a) must approve the authorization, amendment or determination if he or she is satisfied that the conclusions at issue are reasonable, and must set out his or her reasons for doing so; or
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(b) must not approve the authorization, amendment
or determination if he or she is not so satisfied, and must set out his or her reasons for doing so. Foreign datasets (2) After conducting a review under section 17, the Commissioner, in a written decision, (a) must approve the authorization if he or she is satisfied that the conclusions at issue are reasonable, and must set out his or her reasons for doing so; (b) must approve the authorization with conditions — respecting the querying or exploitation of the foreign dataset or the retention or destruction of the dataset or of a portion of it — and provide reasons for doing so, if he or she is satisfied that those conclusions are reasonable once the conditions are attached; or (c) must not approve the authorization in any other case and must set out his or her reasons for doing so.
Time limit (3) The Commissioner must provide the decision to the
person whose conclusions are being reviewed (a) as soon as feasible, in the case of an authorization
referred to in section 18; or (b) within 30 days after the day on which the Commissioner receives notice of the authorization, amendment or determination, or within any other period that may be agreed on by the Commissioner and the person, in any other case. For greater certainty (4) For greater certainty, a decision of the Commissioner
is not a statutory instrument within the meaning of the Statutory Instruments Act. Decision provided to Review Agency 21 The Commissioner must provide a copy of every decision made by him or her under section 20 to the National Security and Intelligence Review Agency for the purpose of assisting that Agency in fulfilling its mandate under paragraphs 8(1)(a) to (c) of the National Security and Intelligence Review Agency Act.
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Public Report Report to Prime Minister 22 (1) The Commissioner must, each calendar year, submit to the Prime Minister a report with respect to the Commissioner’s activities during the previous calendar year. The report must include statistics, that the Commissioner considers appropriate, relating to the authorizations, amendments and determinations that were approved and not approved.
Protection of confidential information (2) The Commissioner must consult with the Director of
the Canadian Security Intelligence Service and the Chief of the Communications Security Establishment in preparing the report in order to ensure that it does not contain information the disclosure of which would be injurious to national security, national defence or international relations or information that is subject to solicitorclient privilege or the professional secrecy of advocates and notaries or to litigation privilege. Tabling (3) The Prime Minister must cause to be laid before each
House of Parliament, on any of the first 15 days on which that House is sitting after a report is submitted under subsection (1), a copy of the report.
Information Provision of information to Commissioner 23 (1) Despite any other Act of Parliament and subject
to section 26, the person whose conclusions are being reviewed by the Commissioner under any of sections 13 to 19 must, for the purposes of the Commissioner’s review, provide the Commissioner with all information that was before the person in issuing or amending the authorization or making the determination at issue, including information that is subject to any privilege under the law of evidence, solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege. No waiver (2) For greater certainty, the disclosure to the Commissioner under this section of any information that is subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege does not constitute a waiver of those privileges or that secrecy. Entitlement to reports 24 The Commissioner is entitled to receive a copy of a report, or part of one, submitted by the National Security
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and Intelligence Review Agency under subsection 32(1) or 33(1) or section 34 or 35 of the National Security and Intelligence Review Agency Act, if the report or part relates to the Commissioner’s powers, duties or functions.
Disclosure of information to Commissioner 25 Despite any other Act of Parliament and any privilege
under the law of evidence and subject to section 26, the following persons or bodies may — for the purpose of assisting the Commissioner in the exercise of his or her powers and the performance of his or her duties and functions — disclose to the Commissioner any information that is not directly related to a specific review under any of sections 13 to 19: (a) the Minister of Public Safety and Emergency Preparedness; (b) the Minister, as defined in section 2 of the Communications Security Establishment Act; (c) the Canadian Security Intelligence Service; and (d) the Communications Security Establishment.
No entitlement 26 The Commissioner is not entitled to have access to information that is a confidence of the Queen’s Privy Council for Canada the disclosure of which could be refused under section 39 of the Canada Evidence Act.
Transitional Provisions Definitions 51 The following definitions apply in sections 52
to 59. former Commissioner means the Commissioner of the Communications Security Establishment appointed under subsection 273.63(1) of the National Defence Act, as it read immediately before the coming into force of section 68. (ancien commissaire) new Commissioner means the Intelligence Commissioner under the Intelligence Commissioner Act. (nouveau commissaire) Former Commissioner 52 The person occupying the position of the former Commissioner immediately before the day
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on which this section comes into force is, on that day and for the remainder of the term for which he or she was appointed to that position, to become the new Commissioner as if he or she had been appointed under subsection 4(1) of the Intelligence Commissioner Act. Status continued 53 (1) Nothing in this Act is to be construed as affecting the status of a person who, immediately before the day on which this section comes into force, occupied a position with the office of the former Commissioner, except that the person is to occupy their position in the office of the new Commissioner on that day. For greater certainty (2) For greater certainty, a person’s status includes whether or not they occupy a managerial or confidential position.
Powers, duties and functions 54 A person referred to in section 53 who was authorized, immediately before the day on which that section comes into force, by the former Commissioner to exercise certain powers or perform certain duties and functions retains the authority to exercise those powers and perform those duties and functions in the office of the new Commissioner. Appropriations 55 Any money that is appropriated by an Act of Parliament, for the fiscal year in which this section comes into force, to defray any expenditure of the office of the former Commissioner and that, on the day on which this section comes into force, is unexpended is deemed, on that day, to be an amount appropriated to defray any expenditure of the office of the new Commissioner.
Rights, property and obligations 56 Subject to section 15, all rights and property
of the office of the former Commissioner and of Her Majesty in right of Canada that are under the administration and control of the office of the former Commissioner and all obligations of the office of the former Commissioner are transferred to the office of the new Commissioner. Contracts 57 (1) A contract respecting the provision of materiel or services to the office of the former Commissioner that was entered into by that
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Commissioner is deemed to have been entered into by the new Commissioner. References (2) Unless the context otherwise requires, every reference to the former Commissioner in a contract referred to in subsection (1) is to be read as a reference to the new Commissioner.
Commencement of proceedings 58 (1) Any action, suit or other legal or administrative proceeding in respect of an obligation or liability incurred by the former Commissioner, other than one relating to a complaint or a review before him or her, may be brought against the new Commissioner in any court that would have had jurisdiction if the action, suit or other legal proceeding had been brought against the former Commissioner.
Pending proceedings (2) Any action, suit or other legal or administrative proceeding to which the former Commissioner is a party, other than one relating to a complaint or a review before him or her, and that is pending immediately before the day on which this section comes into force may be continued by or against the new Commissioner in the same manner and to the same extent as it could have been continued by or against the former Commissioner. No compensation 59 Despite the provisions of any contract, agreement or order, the person appointed to hold office as the former Commissioner has no right to claim or receive any compensation, damages, indemnity or other form of relief from Her Majesty in right of Canada or from any employee or agent of Her Majesty for ceasing to hold that office or for the abolition of that office by the operation of section 68.
Related and Consequential Amendments R.S., c. A-1
Access to Information Act 60 Schedule I to the Access to Information Act is amended by adding the following in alphabetical
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order under the heading “Other Government Institutions”: Office of the Intelligence Commissioner Bureau du commissaire au renseignement R.S., c. C-5
Canada Evidence Act 61 Item 20 of the schedule to the Canada Evidence Act is repealed. R.S., c. C-23
Canadian Security Intelligence Service Act 62 Section 2 of the Canadian Security Intelligence Service Act is amended by adding the following in alphabetical order:
Commissioner means the Intelligence Commissioner appointed under subsection 4(1) of the Intelligence Commissioner Act; (commissaire) R.S., c. F-11
Financial Administration Act 63 Schedule I.1 to the Financial Administration Act is amended by striking out, in column I, the reference to Office of the Communications Security Establishment Commissioner Bureau du commissaire du Centre de la sécurité des télécommunications
and the corresponding reference in column II to “Minister of National Defence”. 64 Schedule I.1 to the Act is amended by adding,
in alphabetical order in column I, a reference to Office of the Intelligence Commissioner Bureau du commissaire au renseignement and a corresponding reference in column II to “Prime Minister”. 65 Schedule V to the Act is amended by adding
the following in alphabetical order: Office of the Intelligence Commissioner Bureau du commissaire au renseignement
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66 Part III of Schedule VI to the Act is amended
by striking out, in column I, the reference to Office of the Communications Security Establishment Commissioner Bureau du commissaire du Centre de la sécurité des télécommunications and the corresponding reference in column II to “Commissioner of the Communications Security Establishment”. 67 Part III of Schedule VI to the Act is amended by adding, in alphabetical order in column I, a reference to Office of the Intelligence Commissioner Bureau du commissaire au renseignement
and a corresponding reference in column II to “Intelligence Commissioner”.
R.S., c. N-5
National Defence Act 68 Section 273.63 of the National Defence Act is
repealed. 69 Subsection 273.65(8) of the Act is repealed.
R.S., c. O-5
Security of Information Act 70 The schedule to the Security of Information Act is amended by adding the following in alphabetical order: Office of the Intelligence Commissioner Bureau du commissaire au renseignement R.S., c. P-21
Privacy Act 71 The schedule to the Privacy Act is amended
by adding the following in alphabetical order under the heading “Other Government Institutions”: Office of the Intelligence Commissioner Bureau du commissaire au renseignement
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R.S., c. P-36
Public Service Superannuation Act 72 Part I of Schedule I to the Public Service Superannuation Act is amended by adding the following in alphabetical order: Office of the Intelligence Commissioner Bureau du commissaire au renseignement 2015, c. 20, s. 2
Security of Canada Information Disclosure Act 73 Schedule 2 to the Security of Canada Information Disclosure Act is amended by deleting the following:
Office of the Communications Security Establishment Commissioner Bureau du commissaire du Centre de la sécurité des télécommunications
Coordinating Amendments 2004, c. 15
74 (1) In this section, other Act means the Public
Safety Act, 2002. (2) If section 78 of the other Act comes into force
before section 68 of this Act, then, on the day on which that section 68 comes into force, section 273.9 of the National Defence Act is repealed. (3) If section 68 of this Act comes into force before section 78 of the other Act, then, on the day on which that section 78 comes into force, section 273.9 of the National Defence Act is deemed never to have come into force and is repealed. (4) If section 78 of the other Act comes into force on the same day as section 68 of this Act, then section 273.9 of the National Defence Act is deemed never to have come into force and is repealed. Bill C-22
75 (1) Subsections (2) and (3) apply if Bill C-22, introduced in the 1st session of the 42nd Parliament and entitled the National Security and Intelligence Committee of Parliamentarians Act
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(referred to in this section as the “other Act”), receives royal assent. (2) On the first day on which both section 2 of the
other Act and section 50 of this Act are in force, the definition department in that section 2 is replaced by the following: department means, except in subsection 25(2), a department named in Schedule I to the Financial Administration Act, a division or branch of the federal public administration — other than a review body or the office of the Intelligence Commissioner — set out in column I of Schedule I.1 to that Act, a corporation named in Schedule II to that Act, a parent Crown corporation as defined in subsection 83(1) of that Act or the Canadian Forces. (ministère) (3) On the first day on which both section 21 of the other Act and section 50 of this Act are in force, section 24 of the Intelligence Commissioner Act is replaced by the following:
Entitlement to reports 24 The Commissioner is entitled to receive a copy of the
following reports, or of a part of the reports, if the report or part in question relates to the Commissioner’s powers, duties or functions: (a) a special report submitted by the National Security
and Intelligence Committee of Parliamentarians under subsection 21(2) of the National Security and Intelligence Committee of Parliamentarians Act; and (b) a report submitted by the National Security and
Intelligence Review Agency under subsection 32(1) or 33(1) or section 34 or 35 of the National Security and Intelligence Review Agency Act.
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Chapter 13: National Security Act, 2017 PART 3 Communications Security Establishment Section 76
PART 3
Communications Security Establishment Communications Security Establishment Act Enactment of Act 76 The Communications Security Establishment
Act is enacted as follows: An Act to establish the Communications Security Establishment Preamble
Whereas the protection of Canada’s national security and of the security of Canadians is a fundamental responsibility of the Government of Canada; Whereas it is essential, to discharge that responsibility, for Canada to have a communications security establishment; And whereas it is important that the communications security establishment carry out its activities in accordance with the rule of law and in a manner that respects the Canadian Charter of Rights and Freedoms; Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Short Title Short title 1 This Act may be cited as the Communications Security Establishment Act.
Interpretation Definitions 2 The following definitions apply in this Act.
Canadian means a Canadian citizen, a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act or a corporation incorporated or continued under the laws of Canada or a province. (Canadien) Chief means the Chief of the Establishment appointed under section 8. (chef)
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Commissioner means the Intelligence Commissioner appointed under subsection 4(1) of the Intelligence Commissioner Act. (commissaire) entity means a person, group, trust, partnership or fund or an unincorporated association or organization and includes a state or a political subdivision or agency of a state. (entité) Establishment means the Communications Security Establishment established under section 5. (Centre) federal institution includes any of the following institutions of Parliament or the Government of Canada: (a) the Senate; (b) the House of Commons; (c) the Library of Parliament; (d) the office of the Senate Ethics Officer, the office of the Conflict of Interest and Ethics Commissioner and the Parliamentary Protective Service; (e) any federal court; (f) any board, commission, council, other body or other office established to perform a governmental function by or under an Act of Parliament, or by or under the authority of the Governor in Council; (g) a department as defined in section 2 of the Financial Administration Act; (h) a Crown corporation established by or under an
Act of Parliament; and (i) any other body that is specified by an Act of Parliament to be an agent of Her Majesty in right of Canada or to be subject to the direction of the Governor in Council or a federal minister. (institutions fédérales)
foreign intelligence means information or intelligence about the capabilities, intentions or activities of a foreign individual, state, organization or terrorist group, as they relate to international affairs, defence or security. (renseignement étranger) global information infrastructure includes electromagnetic emissions, any equipment producing such emissions, communications systems, information technology systems and networks, and any data or technical information carried on, contained in or relating to those emissions, that equipment, those systems or those networks. (infrastructure mondiale de l’information)
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Minister means the Minister of National Defence or, if another federal minister is designated under section 4, that minister. (ministre) publicly available information means information that has been published or broadcast for public consumption, is accessible to the public on the global information infrastructure or otherwise or is available to the public on request, by subscription or by purchase. It does not include information in respect of which a Canadian or a person in Canada has a reasonable expectation of privacy. (information accessible au public) Review Agency means the National Security and Intelligence Review Agency established under section 3 of the National Security and Intelligence Review Agency Act. (Office de surveillance) terrorist group has the same meaning as in subsection 83.01(1) of the Criminal Code. (groupe terroriste) unselected, with respect to information, means that the information is acquired, for technical or operational reasons, without the use of terms or criteria to identify information of foreign intelligence interest. (non sélectionnée)
Principle Principle 3 It is in the public interest to ensure that the Establishment may effectively carry out its mandate in accordance with the rule of law and, to that end, to expressly recognize in law a justification for persons who are authorized to carry out activities under this Act to, in the course of carrying out those activities, commit acts or omissions that would otherwise constitute offences.
Designation of Minister Minister 4 The Governor in Council may, by order, designate any
federal minister to be the Minister referred to in this Act.
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Communications Security Establishment Establishment and Organization Establishment established 5 The Communications Security Establishment is established. Minister is responsible 6 The Minister is responsible for the Establishment.
Head office 7 (1) The head office of the Establishment is to be in the National Capital Region described in the schedule to the National Capital Act.
Other offices (2) The Chief may, with the approval of the Minister, establish other offices elsewhere in Canada.
Chief of the Communications Security Establishment Appointment 8 (1) The Governor in Council must appoint a Chief of
the Communications Security Establishment to hold office during pleasure for a term not exceeding five years. Reappointment (2) The Chief is eligible to be reappointed at the end of a
term of office for a further term not exceeding five years. Salary and expenses (3) The Chief is to be paid the salary that is fixed by the Governor in Council and is entitled to payments for reasonable travel and living expenses incurred in the exercise of his or her powers or the performance of his or her duties and functions while absent from his or her ordinary place of work.
Compensation (4) The Chief is deemed to be an employee for the purposes of the Government Employees Compensation Act and to be employed in the federal public administration for the purposes of any regulations made under section 9 of the Aeronautics Act.
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Absence, incapacity or vacancy (5) If the Chief is absent or incapacitated or the office of Chief is vacant, the Minister may appoint another person to act as Chief, but must not appoint a person for a term of more than 90 days without the approval of the Governor in Council.
Chief’s powers, duties and functions 9 (1) The Chief, under the direction of the Minister, has the management and control of the Establishment and all matters relating to it.
Rank of deputy head (2) The Chief has the rank and all the powers of a deputy
head of a department. Delegation by Chief (3) The Chief may delegate to any person any power, duty or function conferred on the Chief under this Act, except the power to delegate under this subsection. Establishment’s powers, duties and functions 10 The powers, duties and functions of the Establishment may be exercised or performed by any person who is appointed to serve in the Establishment in a capacity appropriate to the exercise of the power or the performance of the duty or function. Directions by Minister 11 (1) The Minister may issue written directions to the
Chief respecting the performance of the Chief’s duties and functions. Statutory Instruments Act (2) Directions issued under subsection (1) are not statutory instruments within the meaning of the Statutory Instruments Act.
Human Resources Personnel 12 (1) The Chief has exclusive authority to (a) appoint or lay off the Establishment’s employees, revoke their appointment or terminate their employment; and (b) establish standards, procedures and processes
governing staffing, including governing the appointment of employees, lay-off of employees, revocation of their appointment or termination of their employment otherwise than for cause.
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Right of employer (2) Nothing in the Federal Public Sector Labour Relations Act is to be construed so as to affect the right or authority of the Chief to deal with the matters referred to in subsection (1).
Powers of the Chief 13 In exercising his or her authority under subsection
12(1), the Chief may (a) determine the human resources requirements of
the Establishment and provide for the allocation and effective utilization of human resources in the Establishment; (b) provide for the classification of positions and of the Establishment’s employees; (c) after consultation with the President of the Treasury Board, determine and regulate the pay to which the Establishment’s employees are entitled for services rendered, their hours of work and their leave and any related matters; (d) after consultation with the President of the Treasury Board, determine and regulate the payments that may be made to the Establishment’s employees by way of reimbursement for travel or other expenses and by way of allowances in respect of expenses and conditions arising out of their employment; (e) determine the learning, training and development
requirements of the Establishment’s employees and fix the terms on which the learning, training and development may be carried out; (f) provide for the awards that may be made to the Establishment’s employees for outstanding performance of their duties, for other meritorious achievement in relation to their duties or for inventions or practical suggestions for improvements; (g) establish standards of discipline and set penalties,
including termination of employment, suspension, demotion to a position at a lower maximum rate of pay and financial penalties; (h) provide for the termination of employment, or the
demotion to a position at a lower maximum rate of pay, of the Establishment’s employees for reasons other than breaches of discipline or misconduct; (i) establish policies respecting the exercise of the
powers granted by this section; and
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(j) provide for any other matters, including terms and
conditions of employment not otherwise specifically provided for in this section, that the Chief considers necessary for effective human resources management in the Establishment. Negotiation of collective agreements 14 Before entering into collective bargaining with the
bargaining agent for a bargaining unit composed of Establishment employees, the Chief must have the Establishment’s negotiating mandate approved by the President of the Treasury Board.
Mandate Mandate 15 (1) The Establishment is the national signals intelligence agency for foreign intelligence and the technical authority for cybersecurity and information assurance.
Aspects of the mandate (2) The Establishment’s mandate has five aspects: foreign intelligence, cybersecurity and information assurance, defensive cyber operations, active cyber operations and technical and operational assistance. Foreign intelligence 16 The foreign intelligence aspect of the Establishment’s
mandate is to acquire, covertly or otherwise, information from or through the global information infrastructure, including by engaging or interacting with foreign entities located outside Canada or by using any other method of acquiring information, and to use, analyse and disseminate the information for the purpose of providing foreign intelligence, in accordance with the Government of Canada’s intelligence priorities.
Cybersecurity and information assurance 17 The cybersecurity and information assurance aspect of the Establishment’s mandate is to (a) provide advice, guidance and services to help protect (i) federal institutions’ electronic information and
information infrastructures, and (ii) electronic information and information infrastructures designated under subsection 21(1) as being of importance to the Government of Canada; and
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(b) acquire, use and analyse information from the
global information infrastructure or from other sources in order to provide such advice, guidance and services. Defensive cyber operations 18 The defensive cyber operations aspect of the Establishment’s mandate is to carry out activities on or through the global information infrastructure to help protect (a) federal institutions’ electronic information and information infrastructures; and (b) electronic information and information infrastructures designated under subsection 21(1) as being of importance to the Government of Canada.
Active cyber operations 19 The active cyber operations aspect of the Establishment’s mandate is to carry out activities on or through the global information infrastructure to degrade, disrupt, influence, respond to or interfere with the capabilities, intentions or activities of a foreign individual, state, organization or terrorist group as they relate to international affairs, defence or security.
Technical and operational assistance 20 The technical and operational assistance aspect of the
Establishment’s mandate is to provide technical and operational assistance to federal law enforcement and security agencies, the Canadian Forces and the Department of National Defence.
Designation 21 (1) The Minister may, by order, designate any electronic information, any information infrastructures or any class of electronic information or information infrastructures as electronic information or information infrastructures — as the case may be — of importance to the Government of Canada. Statutory Instruments Act (2) An order made under subsection (1) is not a statutory instrument within the meaning of the Statutory Instruments Act.
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Activities No activities — Canadians and persons in Canada 22 (1) Activities carried out by the Establishment in furtherance of the foreign intelligence, cybersecurity and information assurance, defensive cyber operations or active cyber operations aspects of its mandate must not be directed at a Canadian or at any person in Canada and must not infringe the Canadian Charter of Rights and Freedoms. No activities — global information infrastructure in Canada or without authorization (2) Activities carried out by the Establishment in furtherance of the defensive cyber operations or active cyber operations aspects of its mandate (a) must not be directed at any portion of the global
information infrastructure that is in Canada; and (b) must not be carried out except under an authorization issued under subsection 29(1) or 30(1).
Contravention of other Acts — foreign intelligence (3) Activities carried out by the Establishment in furtherance of the foreign intelligence aspect of its mandate must not contravene any other Act of Parliament — or involve the acquisition by the Establishment of information from or through the global information infrastructure that interferes with the reasonable expectation of privacy of a Canadian or a person in Canada — unless they are carried out under an authorization issued under subsection 26(1) or 40(1).
Contravention of other Acts — cybersecurity and information assurance (4) Activities carried out by the Establishment in furtherance of the cybersecurity and information assurance aspect of its mandate must not contravene any other Act of Parliament — or involve the acquisition by the Establishment of information from the global information infrastructure that interferes with the reasonable expectation of privacy of a Canadian or a person in Canada — unless they are carried out under an authorization issued under subsection 27(1) or (2) or 40(1).
Establishment’s activities 23 (1) Despite subsections 22(1) and (2), the Establishment may carry out any of the following activities in furtherance of its mandate:
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(a) acquiring, using, analysing, retaining or disclosing
publicly available information; (b) acquiring, using, analysing, retaining or disclosing infrastructure information for the purpose of research and development, for the purpose of testing systems or conducting cybersecurity and information assurance activities on the infrastructure from which the information was acquired; and (c) testing or evaluating products, software and systems, including testing or evaluating them for vulnerabilities.
Investment Canada Act (2) Despite subsection 22(1), in furtherance of its mandate the Establishment may analyse information for the purpose of providing advice to the Minister of Public Safety and Emergency Preparedness and to the Minister responsible for the administration of the Investment Canada Act with regard to that latter Minister’s powers and duties under Part IV.1 of that Act. Cybersecurity and information assurance (3) Despite subsection 22(1), the Establishment may carry out any of the following activities in furtherance of the cybersecurity and information assurance aspect of its mandate: (a) carrying out activities on information infrastructures to identify or isolate malicious software, prevent malicious software from harming those information infrastructures or mitigate any harm that malicious software causes to them; and (b) analysing information in order to be able to provide advice on the integrity of supply chains and on the trustworthiness of telecommunications, equipment and services. Information acquired incidentally (4) The Establishment may acquire information relating
to a Canadian or a person in Canada incidentally in the course of carrying out activities under an authorization issued under subsection 26(1), 27(1) or (2) or 40(1).
Definitions (5) The following definitions apply in this section.
incidentally, with respect to the acquisition of information, means that the information acquired was not itself deliberately sought and that the information-acquisition activity was not directed at the Canadian or person in Canada. (incidemment)
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infrastructure information means information relating to (a) any functional component, physical or logical, of
the global information infrastructure; or (b) events that occur during the interaction between two or more devices that provide services on a network — not including end-point devices that are linked to individual users — or between an individual and a machine, if the interaction is about only a functional component of the global information infrastructure.
It does not include information that could be linked to an identifiable person. (information sur l’infrastructure)
Measures to protect privacy 24 The Establishment must ensure that measures are in place to protect the privacy of Canadians and of persons in Canada in the use, analysis, retention and disclosure of (a) information related to them acquired in the course
of the furtherance of the foreign intelligence and cybersecurity and information assurance aspects of the Establishment’s mandate; or (b) publicly available information related to them acquired under paragraph 23(1)(a).
Technical and operational assistance activities 25 (1) If the Establishment provides assistance in furtherance of the technical and operational assistance aspect of its mandate, then the Establishment, in the course of providing the assistance, has the same authority to carry out any activity as would have the federal law enforcement or security agency, the Canadian Forces or the Department of National Defence, as the case may be, if it were carrying out the activity, and is subject to any limitations imposed by law on the agency, the Canadian Forces or that Department, including requirements with respect to any applicable warrant. Exemptions, protections and immunities (2) If the Establishment provides assistance in furtherance of the technical and operational assistance aspect of its mandate, then persons authorized to act on the Establishment’s behalf benefit from the same exemptions, protections and immunities as would persons authorized to act on behalf of the federal law enforcement or security agency, the Canadian Forces or the Department of
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National Defence, as the case may be, if those persons were carrying out the activity.
Authorizations Foreign Intelligence and Cybersecurity Authorizations Foreign Intelligence Authorizations 26 (1) The Minister may issue a Foreign Intelligence Authorization to the Establishment that authorizes it, despite any other Act of Parliament or of any foreign state, to carry out, on or through the global information infrastructure, any activity specified in the authorization in the furtherance of the foreign intelligence aspect of its mandate.
Activities authorized (2) Activities and classes of activities that a Foreign Intelligence Authorization may authorize the Establishment to carry out may include any of the following: (a) gaining access to a portion of the global information infrastructure; (b) acquiring information on or through the global information infrastructure, including unselected information; (c) installing, maintaining, copying, distributing, searching, modifying, disrupting, deleting or intercepting anything on or through the global information infrastructure; (d) doing anything that is reasonably necessary to
maintain the covert nature of the activity; and (e) carrying out any other activity that is reasonable in
the circumstances and reasonably necessary in aid of any other activity, or class of activity, authorized by the authorization. Cybersecurity Authorizations — federal infrastructures 27 (1) The Minister may issue a Cybersecurity Authorization to the Establishment that authorizes it, despite any other Act of Parliament, to, in the furtherance of the cybersecurity and information assurance aspect of its mandate, access a federal institution’s information infrastructure and acquire any information originating from, directed to, stored on or being transmitted on or through that infrastructure for the purpose of helping to
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protect it, in the circumstances described in paragraph 184(2)(e) of the Criminal Code, from mischief, unauthorized use or disruption. Cybersecurity Authorizations — non-federal infrastructures (2) The Minister may issue a Cybersecurity Authorization to the Establishment that authorizes it, despite any other Act of Parliament, to, in the furtherance of the cybersecurity and information assurance aspect of its mandate, access an information infrastructure designated under subsection 21(1) as an information infrastructure of importance to the Government of Canada and acquire any information originating from, directed to, stored on or being transmitted on or through that infrastructure for the purpose of helping to protect it, in the circumstances described in paragraph 184(2)(e) of the Criminal Code, from mischief, unauthorized use or disruption.
Approval of Commissioner 28 (1) An authorization issued under subsection 26(1)
or 27(1) or (2) is valid when — if it is approved by the Commissioner under paragraph 20(1)(a) of the Intelligence Commissioner Act — the Commissioner provides the Minister with the written decision approving the authorization. No activities until authorization valid (2) For greater certainty, no activity that is specified in an authorization issued under subsection 26(1) or 27(1) or (2) is authorized until the authorization is valid under subsection (1).
Cyber Operations Authorizations Defensive Cyber Operations Authorizations 29 (1) The Minister may issue a Defensive Cyber Operations Authorization to the Establishment that authorizes it, despite any other Act of Parliament or of any foreign state, to carry out, on or through the global information infrastructure, any activity specified in the authorization in the furtherance of the defensive cyber operations aspect of its mandate. Minister of Foreign Affairs (2) The Minister may issue the authorization only if he or
she has consulted the Minister of Foreign Affairs.
Active Cyber Operations Authorizations 30 (1) The Minister may issue an Active Cyber Operations Authorization to the Establishment that authorizes
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it, despite any other Act of Parliament or of any foreign state, to carry out, on or through the global information infrastructure, any activity specified in the authorization in the furtherance of the active cyber operations aspect of its mandate. Minister of Foreign Affairs (2) The Minister may issue the authorization only if the Minister of Foreign Affairs has requested the authorization’s issue or has consented to its issue.
Request or consent in writing (3) The request or consent of the Minister of Foreign Affairs may be oral, but in that case he or she must provide written confirmation of the request or consent to the Minister as soon as feasible. Activities authorized 31 Activities and classes of activities that an authorization issued under subsection 29(1) or 30(1) may authorize the Establishment to carry out may include any of the following: (a) gaining access to a portion of the global information infrastructure; (b) installing,
maintaining, copying, distributing, searching, modifying, disrupting, deleting or intercepting anything on or through the global information infrastructure; (c) doing anything that is reasonably necessary to maintain the covert nature of the activity; and (d) carrying out any other activity that is reasonable in the circumstances and reasonably necessary in aid of any other activity, or class of activities, authorized by the authorization.
Prohibited conduct 32 (1) In carrying out any activity under an authorization issued under subsection 29(1) or 30(1), the Establishment must not (a) cause, intentionally or by criminal negligence,
death or bodily harm to an individual; or (b) wilfully attempt in any manner to obstruct, pervert
or defeat the course of justice or democracy.
Definition of bodily harm (2) In subsection (1), bodily harm has the same meaning as in section 2 of the Criminal Code.
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Procedure Applications for authorizations 33 (1) The Minister may issue an authorization under subsection 26(1), 27(1) or (2), 29(1) or 30(1) only on the written application of the Chief.
Contents of application (2) The application must set out the facts that would allow the Minister to conclude that there are reasonable grounds to believe that the authorization is necessary and that the conditions for issuing it are met. Written request of infrastructure owner or operator (3) If the application is for an authorization to be issued
under subsection 27(2), the application must include the written request of the owner or operator of the information infrastructure to the Establishment to carry out the activity that would be authorized. Minister of Foreign Affairs’ request or consent (4) If the application is for an authorization to be issued under subsection 30(1), the application must include the request or consent referred to in subsection 30(2) if it is in writing.
Conditions for authorizations 34 (1) The Minister may issue an authorization under subsection 26(1), 27(1) or (2), 29(1) or 30(1) only if he or she concludes that there are reasonable grounds to believe that any activity that would be authorized by it is reasonable and proportionate, having regard to the nature of the objective to be achieved and the nature of the activities.
Conditions for authorizations — foreign intelligence (2) The Minister may issue an authorization under subsection 26(1) only if he or she concludes that there are reasonable grounds to believe — in addition to the matters referred to in subsection (1) — that (a) any information acquired under the authorization
could not reasonably be acquired by other means and will be retained for no longer than is reasonably necessary; (b) any unselected information acquired under the authorization could not reasonably be acquired by other means, in the case of an authorization that authorizes the acquisition of unselected information; and
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(c) the measures referred to in section 24 will ensure
that information acquired under the authorization that is identified as relating to a Canadian or a person in Canada will be used, analysed or retained only if the information is essential to international affairs, defence or security.
Conditions for authorizations — cybersecurity (3) The Minister may issue an authorization under subsection 27(1) or (2) only if he or she concludes that there are reasonable grounds to believe — in addition to the matters referred to in subsection (1) — that (a) any information acquired under the authorization
will be retained for no longer than is reasonably necessary; (b) the consent of all persons whose information may be acquired could not reasonably be obtained, in the case of an authorization to be issued under subsection 27(1); (c) any information acquired under the authorization is necessary to identify, isolate, prevent or mitigate harm to (i) federal institutions’ electronic information or information infrastructures, in the case of an authorization to be issued under subsection 27(1), or (ii) electronic information or information infrastructures designated under subsection 21(1) as being of importance to the Government of Canada, in the case of an authorization to be issued under subsection 27(2); and (d) the measures referred to in section 24 will ensure
that information acquired under the authorization that is identified as relating to a Canadian or a person in Canada will be used, analysed or retained only if the information is essential to identify, isolate, prevent or mitigate harm to (i) federal institutions’ electronic information or information infrastructures, in the case of an authorization to be issued under subsection 27(1), or (ii) electronic information or information infrastructures designated under subsection 21(1) as being of importance to the Government of Canada, in the case of an authorization to be issued under subsection 27(2).
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Conditions for authorizations — defensive and active cyber operations (4) The Minister may issue an authorization under subsection 29(1) or 30(1) only if he or she concludes that there are reasonable grounds to believe — in addition to the matters referred to in subsection (1) — that the objective of the cyber operation could not reasonably be achieved by other means and that no information will be acquired under the authorization except in accordance with an authorization issued under subsection 26(1) or 27(1) or (2) or 40(1). Content of authorizations 35 An authorization issued under subsection 26(1), 27(1)
or (2), 29(1) or 30(1) must specify (a) the activities or classes of activities that it authorizes the Establishment to carry out; (b) the activities or classes of activities referred to in paragraph (a) that would otherwise be contrary to any other Act of Parliament; (c) the persons or classes of persons who are authorized to carry out the activities or classes of activities referred to in paragraph (a); (d) any terms, conditions or restrictions that the Minister considers advisable in the public interest, or advisable to ensure the reasonableness and proportionality of any activity authorized by the authorization; (e) in the case of an authorization issued under subsection 26(1) or 27(1) or (2), any other terms, conditions or restrictions that the Minister considers advisable to protect the privacy of Canadians and of persons in Canada, including conditions to limit the use, analysis and retention of, access to, and the form and manner of disclosure of, information related to them; (f) in the case of an authorization issued under subsection 26(1), whether the activities authorized include acquiring unselected information, and any terms, conditions or restrictions that the Minister considers advisable to limit the use, analysis and retention of, and access to, unselected information; (g) the day on which the authorization is issued; (h) the day on which the authorization expires; and (i) anything else reasonable in the circumstances and
reasonably necessary in aid of any other activity, or class of activities, authorized by the authorization.
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Period of validity of authorizations 36 (1) An authorization issued under subsection 26(1),
27(1) or (2), 29(1) or 30(1) may be valid for a period not exceeding one year. Extension — foreign intelligence or cybersecurity (2) The Minister may extend the period of validity of an
authorization issued under subsection 26(1) or 27(1) or (2) by up to a period not exceeding one year from the day referred to in paragraph 35(h). No review by Commissioner (3) The Minister’s decision to extend a period of validity
is not subject to review by the Commissioner under the Intelligence Commissioner Act.
Extension — authorization (4) The Minister must, as soon as feasible, notify the Commissioner of any extension of an authorization.
Repeal and Amendment Significant change — Minister to be notified 37 (1) If there is a significant change in any fact that
was set out in the application for an authorization issued under subsection 26(1), 27(1) or (2), 29(1) or 30(1), the Chief must notify the Minister of the change as soon as feasible. Commissioner notified (2) If the Minister concludes that the change in the fact is
significant and the authorization was issued under subsection 26(1) or 27(1) or (2), the Minister must notify the Commissioner of his or her conclusion. Review Agency notified (3) If the Minister concludes that the change in the fact is significant and the authorization was issued under subsection 29(1) or 30(1), the Minister must notify the Review Agency of his or her conclusion.
Repeal of authorization 38 The Minister may repeal an authorization issued under subsection 26(1), 27(1) or (2), 29(1) or 30(1) at any time.
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Amendment 39 (1) The Minister may amend an authorization issued under subsection 26(1), 27(1) or (2), 29(1) or 30(1) if the Minister concludes that there has been a significant change in any fact that was set out in the application for the authorization.
Conditions for amendment (2) The Minister may amend an authorization only if he
or she concludes that there are reasonable grounds to believe that, taking into account the significant change, (a) the conditions referred to in subsections 34(1) and (2) are met, in the case of an authorization issued under subsection 26(1); (b) the conditions referred to in subsections 34(1) and (3) are met, in the case of an authorization issued under subsection 27(1) or (2); or (c) the conditions referred to in subsections 34(1) and (4) are met, in the case of an authorization issued under subsection 29(1) or 30(1).
Amendment takes effect on approval — foreign intelligence and cybersecurity (3) An amended authorization issued under subsection 26(1) or 27(1) or (2) continues to be valid in its unamended form until — if the amendment is approved by the Commissioner under paragraph 20(1)(a) of the Intelligence Commissioner Act — the Commissioner provides the Minister with the written decision approving the amendment.
Activities under amended authorization — foreign intelligence and cybersecurity (4) For greater certainty, an activity that is specified in
an amended authorization issued under subsection 26(1) or 27(1) or (2) in respect of which the Commissioner has provided the Minister with the written decision approving the amendment is authorized only to the extent that it is carried out in accordance with the authorization as amended. Activities under amended authorization — cyber operations (5) For greater certainty, an activity that is specified in
an amended authorization issued under subsection 29(1) or 30(1) is authorized only to the extent that it is carried out in accordance with the authorization as amended.
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Emergency Authorizations Emergency Authorizations 40 (1) If the Minister concludes that there are reasonable grounds to believe that the conditions referred to in subsections 34(1) and (2) or 34(1) and (3) are met but that the time required to obtain the Commissioner’s approval would defeat the purpose of issuing an authorization under subsection 26(1) or 27(1) or (2), as the case may be, the Minister may issue a Foreign Intelligence Authorization that authorizes the Establishment to carry out any activity referred to in section 26, or a Cybersecurity Authorization that authorizes the Establishment to carry out any activity referred to in subsection 27(1) or (2). No review by Commissioner (2) The Minister’s decision to issue the authorization is not subject to review by the Commissioner under the Intelligence Commissioner Act.
Applications for authorizations (3) Subsections 33(1) to (3) apply to an application for an
authorization issued under subsection (1), except that (a) the application may be made orally; and (b) the application must set out the facts that would allow the Minister to conclude that there are reasonable grounds to believe that the time required to obtain the Commissioner’s approval would defeat the purpose of issuing an authorization under subsection 26(1) or 27(1) or (2).
Written request of infrastructure owner or operator (4) For greater certainty, even if an application is made
orally for an authorization that authorizes the Establishment to carry out any activity referred to in subsection 27(2), the request of the owner or operator of the information infrastructure to the Establishment to carry out the activity must be in writing. Commissioner and Review Agency notified 41 The Minister must notify the Commissioner and the Review Agency of any authorization issued under subsection 40(1) as soon as feasible after issuing it.
Period of validity of authorizations 42 An authorization issued under subsection 40(1) may be valid for a period not exceeding five days.
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Disclosure of Information Canadian identifying information 43 The Establishment may disclose, to persons or classes of persons designated under section 45, information that could be used to identify a Canadian or a person in Canada and that has been used, analysed or retained under an authorization issued under subsection 26(1) or 40(1), if the Establishment concludes that the disclosure is essential to international affairs, defence, security or cybersecurity.
Cybersecurity and information assurance 44 (1) The Establishment may disclose, to persons or
classes of persons designated under section 45, information relating to a Canadian or a person in Canada that has been acquired, used or analysed in the course of activities carried out under the cybersecurity and information assurance aspect of its mandate, if the Establishment concludes that the disclosure is necessary to help protect (a) federal institutions’ electronic information and information infrastructures; or (b) electronic information and information infrastructures designated under subsection 21(1) as being of importance to the Government of Canada.
Private communications (2) Information disclosed under subsection (1) may include an intercepted private communication as well as the existence of an intercepted private communication.
Definition of private communication (3) In subsection (2), private communication has the same meaning as in section 183 of the Criminal Code.
Designated persons or classes of persons 45 The Minister may, by order, designate persons and classes of persons for the purposes of section 43 and subsection 44(1).
Urgent circumstances 46 (1) The Establishment may use and analyse information relating to a Canadian or a person in Canada if it has reasonable grounds to believe that there is an imminent danger of death or serious bodily harm to any individual
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and that the information will be relevant to the imminent danger. Urgent circumstances — disclosure (2) The Establishment may disclose the information to
any appropriate person if its disclosure may help prevent the death or serious bodily harm. Minister and Review Agency notified (3) If the Establishment uses or analyses information under subsection (1), or discloses information under subsection (2), the Chief must notify the Minister in writing as soon as feasible, and the Minister must notify the Review Agency.
General Rules About Authorizations Power exercised personally 47 The Minister must personally exercise the powers
that are set out in subsections 26(1), 27(1) and (2), 29(1), 30(1), 36(2), 39(1) and 40(1). Authorizations provided to Commissioner 48 (1) The Minister must provide a copy of each authorization issued under subsection 26(1) or 27(1) or (2), or amended under subsection 39(1), to the Commissioner after issuing it or amending it, as the case may be, for the purposes of the Commissioner’s review and approval under the Intelligence Commissioner Act. Notice of authorization or amendment (2) The copy of the authorization constitutes notice of the authorization or amendment for the purposes of the calculation of the time limit referred to in paragraph 20(3)(b) of that Act.
No civil or criminal liability 49 No person who acts in accordance with an authorization issued under subsection 26(1), 27(1) or (2), 29(1), 30(1) or 40(1) or who aids, in good faith, a person who they believe on reasonable grounds is acting in accordance with such an authorization incurs any criminal or civil liability for anything reasonably done further to the authorization.
Exclusion of Part VI of Criminal Code 50 Part VI of the Criminal Code does not apply in relation to an interception of a communication under the authority of an authorization issued under subsection 26(1), 27(1) or (2), 29(1), 30(1) or 40(1) or in relation to a communication so intercepted.
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Crown Liability and Proceedings Act 51 No action lies under section 18 of the Crown Liability and Proceedings Act in respect of (a) the use or disclosure under this Act of any communication intercepted under the authority of an authorization issued under subsection 26(1), 27(1) or (2), 29(1), 30(1) or 40(1); or (b) the disclosure under this Act of the existence of
such a communication.
Report 52 (1) Within 90 days after the last day of the period of
validity of an authorization issued under subsection 26(1), 27(1) or (2), 29(1), 30(1) or 40(1), the Chief must provide a written report to the Minister on the outcome of the activities carried out under the authorization. Copy of report to Commissioner and Review Agency (2) The Minister must provide the Commissioner and the Review Agency with a copy of a report on the outcome of the activities carried out under an authorization issued under subsection 26(1), 27(1) or (2) or 40(1).
Copy of report to Review Agency (3) The Minister must provide the Review Agency with a
copy of a report on the outcome of the activities carried out under an authorization issued under subsection 29(1) or 30(1). Statutory Instruments Act 53 Authorizations issued under subsection 26(1), 27(1)
or (2), 29(1), 30(1) or 40(1) and orders made under section 45 are not statutory instruments within the meaning of the Statutory Instruments Act.
Arrangements Arrangements 54 (1) The Establishment may enter into arrangements
with entities that have powers and duties similar to the Establishment’s — including entities that are institutions of foreign states or that are international organizations of states or institutions of those organizations — for the purposes of the furtherance of its mandate, including for the purposes of sharing information with them or otherwise cooperating with them.
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Approval of Minister after consultation (2) However, the Establishment may enter into an arrangement with institutions of foreign states, international organizations of states or institutions of those organizations only with the Minister’s approval, after the Minister has consulted the Minister of Foreign Affairs.
General Prohibition on disclosure 55 (1) It is prohibited, in a proceeding before a court,
person or body with jurisdiction to compel the production of information, to disclose the identity of a person or entity that has assisted or is assisting the Establishment on a confidential basis, or any information from which the identity of such a person or entity could be inferred. Exceptions (2) Subsection (1) does not apply when (a) the information or identity is disclosed by the person or entity to their solicitor or, in Quebec, advocate in connection with a proceeding, if the information is relevant to that proceeding; (b) the information or identity is disclosed to enable the Attorney General of Canada, a judge or a court hearing an appeal from, or a review of, an order of the judge to discharge their responsibilities under this section; or (c) the information or identity is disclosed to the Commissioner or to the Review Agency.
Exception — consent (3) The identity of a person or entity that has assisted or
is assisting the Establishment on a confidential basis, or any information from which the identity of such a person or entity could be inferred, may be disclosed in a proceeding referred to in subsection (1) if the person or entity and the Chief consent to the disclosure. Application of other Acts (4) Sections 38 to 38.16 of the Canada Evidence Act, or
sections 83 and 87 of the Immigration and Refugee Protection Act, as the case may be, apply to a proceeding referred to in subsection (1), with any necessary modifications. Confidentiality — information (5) The judge must ensure the confidentiality of the following:
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(a) the identity of any person or entity that has assisted or is assisting the Establishment on a confidential basis, and any information from which the identity of such a person or entity could be inferred; and (b) information and other evidence provided in respect of an application under any provision referred to in subsection (4) if, in the judge’s opinion, its disclosure would be injurious to international relations, national defence or national security or would endanger the safety of any person.
Confidentiality — application (6) If, in the judge’s opinion, the disclosure of the fact that an application under any provision referred to in subsection (4) would result in the disclosure of an identity or information referred to in paragraph (5)(a), the judge must ensure the confidentiality of the application and all information related to it.
Order authorizing disclosure (7) The judge may, by order, authorize disclosure that the judge considers appropriate, subject to any conditions that the judge specifies, of the identity or information referred to in subsection (1) if, in the judge’s opinion, (a) the person or entity is not a person or entity that
has assisted or is assisting the Establishment on a confidential basis, or the information is not information from which the identity of such a person or entity could be inferred; or (b) in the case of a proceeding that is a prosecution of
an offence, the disclosure of the identity of a person or entity that has assisted or is assisting the Establishment on a confidential basis, or information from which the identity of such a person or entity could be inferred, is essential to establish the accused’s innocence and may be disclosed in the proceeding. Order confirming prohibition (8) If the judge does not authorize disclosure under paragraph (7)(a) or (b), the judge must, by order, confirm the prohibition of disclosure.
When determination takes effect (9) An order of the judge that authorizes disclosure does not take effect until the time provided or granted to appeal the order has expired or, if the order is appealed, the time provided or granted to appeal a judgment of an appeal court that confirms the order has expired and no further appeal from a judgment that confirms the order is available.
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Confidentiality on appeal (10) In the case of an appeal, subsections (5) and (6) apply, with any necessary modifications, to the court to which the appeal is taken. Definition of judge (11) In this section, judge means the Chief Justice of the
Federal Court or a judge of that Court designated by the Chief Justice to conduct hearings under any Act of Parliament for the protection of information.
Assistance or disclosure of information — no presumptions 56 The provision of assistance or the disclosure of information by the Establishment under this Act does not create a presumption (a) that the Establishment is conducting a joint investigation or decision-making process with the entity to which assistance is provided or information is disclosed and therefore has the same obligations, if any, as the entity to disclose or produce information for the purposes of a proceeding; or (b) there has been a waiver of any privilege, or of any
requirement to obtain consent, for the purposes of any other disclosure of that information either in a proceeding or to an entity that is not a federal institution. Access to Information Act 57 For the purposes of the Access to Information Act, if
any record, as defined in section 3 of that Act, of any other government institution, as defined in that section, or of any other organization is contained in or carried on the Establishment’s information infrastructure on behalf of that institution or organization, the record is not under the Establishment’s control. Privacy Act 58 For the purposes of the Privacy Act, if any personal
information, as defined in section 3 of that Act, of any other government institution, as defined in that section, or of any other organization is contained in or carried on the Establishment’s information infrastructure on behalf of that institution or organization, the personal information is not held by the Establishment and is not under the Establishment’s control. Annual Report 59 The Establishment must, within three months after the end of each fiscal year, publish an annual report on its activities during that fiscal year.
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Regulations Regulations 60 The Governor in Council may, on the recommendation of the Minister, make regulations for carrying out the purposes and provisions of this Act, including regulations (a) respecting the management and control of the Establishment, including security on and around the Establishment’s premises, access to its premises, the search of persons on or around its premises and the search and seizure of items on or around its premises; (b) respecting the measures referred to in section 24
to protect the privacy of Canadians and of persons in Canada; and (c) amending the definition of any term defined in
section 2 or subsection 23(5) or 44(3) to respond, directly or indirectly, to any technological change.
Transitional Provisions Definitions 77 The following definitions apply in sections 78 to 82.
former department means the portion of the federal public administration known as the Communications Security Establishment. (ancien ministère) new department means the Communications Security Establishment as established by section 5 of the Communications Security Establishment Act. (nouveau ministère) Chief 78 (1) The Chief of the Communications Security
Establishment holding office immediately before the coming into force of section 76 continues in office for the remainder of the term for which he or she was appointed. Employees (2) Nothing in the Communications Security Establishment Act is to be construed as affecting the status of an employee who, immediately before the coming into force of section 76, occupied a position in the former department, except that the employee, on the coming into force of that
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section, occupies that position in the new department. Transfer of appropriations 79 (1) Any amount that is appropriated, for the fiscal year in which section 76 comes into force, by an appropriation Act based on the Estimates for that year for defraying the federal public administration’s charges and expenses for the former department that is unexpended on the day on which that section comes into force is deemed, on that day, to be an amount appropriated for defraying the federal public administration’s charges and expenses for the new department.
Transfer of powers, duties and functions (2) If a power, duty or function is vested in or exercisable by the former department’s Chief or an employee of the former department under any Act, order, rule, regulation or direction, or any contract, lease, licence or other document, that power, duty or function is vested in or is exercisable by the new department’s Chief or an employee of the new department.
Ministerial authorizations 80 (1) An authorization that was issued under subsection 273.65(1) or (3) of the National Defence Act before the day on which section 76 comes into force and is valid on that day continues to be valid for the period specified in it or, if it was renewed before that day, for the period specified in the renewal.
Repeal (2) The Minister may repeal an authorization referred to in subsection (1) at any time. Arrangements 81 Any arrangement entered into by the former
department before the day on which section 76 comes into force continues in accordance with its terms. References 82 (1) A reference to the former department in
any of the following is deemed to be a reference to the new department: (a) Schedule I to the Access to Information Act
under the heading “Other Government Institutions”;
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(b) Schedules I.1, V and VI to the Financial Administration Act; (c) the schedule to the Privacy Act under the heading “Other Government Institutions”; (d) the schedule to the Security of Information
Act; (e) Schedule 3 to the Security of Canada Information Disclosure Act; (f) the National Security and Intelligence Review Agency Act; and (g) the Intelligence Commissioner Act.
Other references (1.1) Unless the context requires otherwise, every reference to the former department in any Act of Parliament, other than an Act referred to in subsection (1), or in any order, regulation or other instrument made under an Act of Parliament is deemed to be a reference to the new department. Deputy head (2) The designation of a person as deputy head of
the former department in any order of the Governor in Council made under section 55 of the National Security and Intelligence Review Agency Act is deemed to be a designation of the Chief of the new department as deputy head of that department. R.S., c. N-5
National Defence Act 83 (1) Paragraph 273.64(1)(c) of the National Defence Act is replaced by the following: (c) to provide technical and operational assistance to
federal law enforcement and security agencies, the Canadian Forces and the Department of National Defence. (2) Subsection 273.64(3) of the Act is replaced by the following:
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Limitations imposed by law (3) Activities carried out under paragraph (1)(c) are subject to any limitations imposed by law on federal law enforcement and security agencies, the Canadian Forces and the Department of National Defence.
Consequential Amendments R.S., c. N-5
National Defence Act 84 Part V.1 of the National Defence Act is repealed. 1991, c. 30
Public Sector Compensation Act 85 Subsection 7.1(1) of the French version of the
Public Sector Compensation Act is replaced by the following: Programme de réduction du personnel civil 7.1 (1) Par dérogation à la présente loi ou à toute autre
loi fédérale, à l’exception de la Loi canadienne sur les droits de la personne, le Conseil du Trésor peut fixer les conditions du Programme de réduction du personnel civil découlant du budget du 22 février 1994 et, conformément à ce programme, offrir ou donner des sommes aux salariés — ou pour leur compte — engagés pour une durée indéterminée par le ministère de la Défense nationale, le Centre de la sécurité des télécommunications ou le service de Protection civile du Canada. 86 Schedule I to the Act is amended by striking
out the following under the heading “Other Portions of the Public Service”: Communications Security Establishment, Department of National Defence Centre de la sécurité des télécommunications, ministère de la Défense nationale 87 Schedule I to the Act is amended by adding, in
alphabetical order, the following under the heading “Other Portions of the Public Service”: Communications Security Establishment Centre de la sécurité des télécommunications
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2000, c. 17; 2001, c. 41, s. 48
Proceeds of Crime (Money Laundering) and Terrorist Financing Act 88 Paragraph 55(3)(f) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act is replaced by the following: (f) the Communications Security Establishment, if the Centre also determines that the information is relevant to the foreign intelligence aspect of the Communications Security Establishment’s mandate, referred to in section 16 of the Communications Security Establishment Act; and 2015, c. 20, s. 2
Security of Canada Information Disclosure Act 89 Paragraph (g) of the definition activity that undermines the security of Canada in subsection 2(1) of the Security of Canada Information Disclosure Act is replaced by the following: (g) significant or widespread interference with the global information infrastructure, as defined in section 2 of the Communications Security Establishment Act; and
Coordinating Amendments 2004, c. 15
90 (1) In this section, “other Act” means the Public Safety Act, 2002, chapter 15 of the Statutes of Canada, 2004. (2) If section 84 of this Act comes into force before section 78 of the other Act, then, on the day on which that section 84 comes into force, (a) that section 78 is amended by replacing “section 273.7” with “section 273.601”; and (b) Part V.2 of the National Defence Act, as enacted by that section 78, is renumbered as Part V.1. (3) If section 84 of this Act and section 78 of the
other Act come into force on the same day, then that section 78 is deemed to have come into force before that section 84.
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Bill C-44
91 If Bill C-44, introduced in the 1st session of the
42nd Parliament and entitled the Budget Implementation Act, 2017, No. 1 receives royal assent, then, on the first day on which both section 128 of that Act and section 76 of this Act are in force, paragraph (d) of the definition federal institution in section 2 of the Communications Security Establishment Act is replaced by the following:
(d) the office of the Senate Ethics Officer, the office of
the Conflict of Interest and Ethics Commissioner, the Parliamentary Protective Service and the office of the Parliamentary Budget Officer;
PART 4 R.S., c. C-23
Canadian Security Intelligence Service Act Amendments to the Act 92 The Canadian Security Intelligence Service
Act is amended by adding the following after the long title: Preamble
Whereas the protection of Canada’s national security and of the security of Canadians is a fundamental responsibility of the Government of Canada; Whereas it is essential, to discharge that responsibility, for Canada to have a civilian intelligence service; Whereas it is important that the civilian intelligence service perform its duties and functions in accordance with the rule of law and in a manner that respects the Canadian Charter of Rights and Freedoms;
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And whereas the Government of Canada, by carrying out its national security and information activities in a manner that respects rights and freedoms, encourages the international community to do the same;
93 Section 2 of the Act is amended by adding the following in alphabetical order:
bodily harm has the same meaning as in section 2 of the Criminal Code; (lésions corporelles) Convention Against Torture means the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, signed at New York on December 10, 1984; (Convention contre la torture) 94 Section 2 of the Act is amended by adding the following in alphabetical order:
Canadian in respect of a dataset, means a Canadian citizen, a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act, or a corporation incorporated or continued under the laws of Canada or a province; (Canadien) dataset means a collection of information stored as an electronic record and characterized by a common subject matter; (ensemble de données) exploitation means a computational analysis of one or more datasets for the purpose of obtaining intelligence that would not otherwise be apparent; (exploitation) query means a specific search, with respect to a person or entity, of one or more datasets, for the purpose of obtaining intelligence; (interrogation)
95 Section 6 of the Act is amended by adding the
following after subsection (5): Justification (6) The reports shall also include (a) a general description of the information and intelligence collection activities in the context of which employees designated under subsection 20.1(6) or (8)
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committed acts or omissions that would otherwise constitute offences; (b) a general description of those acts or omissions; (c) the information referred 20.1(24)(a) to (e); and
to
in
paragraphs
(d) information on the training received by employees designated under subsection 20.1(6) or (8) and by senior employees designated under subsection 20.1(7).
96 Section 7 of the Act is amended by adding the following after subsection (2):
Consultation with Deputy Minister — authorization (2.1) The Director or any employee who is designated under subsection 11.04(1) for the purpose of applying for a judicial authorization referred to in section 11.12 shall consult the Deputy Minister before applying for the judicial authorization. 97 The Act is amended by adding the following before section 12:
Definitions 11.01 The following definitions apply in sections 11.01 to 11.25.
approved class means a class of Canadian datasets, the collection of which is determined to be authorized by the Minister under section 11.03 and that has been approved by the Commissioner under the Intelligence Commissioner Act. (catégorie approuvée) designated employee means an employee who is designated under section 11.04 or 11.06. (employé désigné) publicly available dataset means a dataset referred to in paragraph 11.07(1)(a). (ensemble de données accessible au public) Canadian dataset means a dataset described in paragraph 11.07(1)(b). (ensemble de données canadien) foreign dataset means a dataset described in paragraph 11.07(1)(c). (ensemble de données étranger)
Application 11.02 Sections 11.01 to 11.25 apply to every dataset that
contains personal information, as defined in section 3 of the Privacy Act, that does not directly and immediately
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relate to activities that represent a threat to the security of Canada. Classes — Canadian datasets 11.03 (1) At least once every year, the Minister shall, by order, determine classes of Canadian datasets for which collection is authorized.
Criteria (2) The Minister may determine that a class of Canadian
datasets is authorized to be collected if the Minister concludes that the querying or exploitation of any dataset in the class could lead to results that are relevant to the performance of the Service’s duties and functions set out under sections 12, 12.1 and 16.
Notification of Commissioner (3) The Minister shall notify the Commissioner of the Minister’s determination under subsection (1) for the purposes of the Commissioner’s review and approval under the Intelligence Commissioner Act.
Statutory Instruments Act (4) An order made under subsection (1) is not a statutory instrument within the meaning of the Statutory Instruments Act.
Designation of employees — Minister 11.04 (1) The Minister may designate employees to carry out the activity referred to in subsection 7(2.1) and section 11.12. Statutory Instruments Act (2) For greater certainty, the designation of an employee by the Minister under subsection (1) is not a statutory instrument within the meaning of the Statutory Instruments Act.
Collection of datasets 11.05 (1) Subject to subsection (2), the Service may collect a dataset if it is satisfied that the dataset is relevant to the performance of its duties and functions under sections 12 to 16.
Limit (2) The Service may collect a dataset only if it reasonably believes that the dataset (a) is a publicly available dataset; (b) belongs to an approved class; or
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(c) predominantly relates to non-Canadians who are
outside Canada.
Designation of employees — Director 11.06 (1) The Director may designate employees to carry out one or more activities referred to in sections 11.07, 11.2 and 11.22. Statutory Instruments Act (2) For greater certainty, the designation of an employee by the Director under subsection (1) is not a statutory instrument within the meaning of the Statutory Instruments Act.
Evaluation period — datasets 11.07 (1) If the Service collects a dataset under subsection 11.05(1), a designated employee shall, as soon as feasible but no later than the 90th day after the day on which the dataset was collected, evaluate the dataset and confirm if it (a) was publicly available at the time of collection; (b) predominantly relates Canada or Canadians; or
to
individuals
within
(c) predominantly relates to individuals who are not Canadians and who are outside Canada or corporations that were not incorporated or continued under the laws of Canada and who are outside Canada.
Evaluation — class (2) In the case of a dataset referred to in paragraph (1)(b), a designated employee shall evaluate the dataset and confirm whether it belongs to an approved class and, if it does not, he or she shall take the measures set out in section 11.08.
Limit (3) During the evaluation period referred to in subsection (1) and any period of suspension under subsection 11.08(2), a dataset shall not be queried or exploited.
Consultation (4) A designated employee may consult
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(a) a Canadian dataset, for the purpose of making an
application for a judicial authorization referred to in section 11.12; or (b) a foreign dataset, for the purpose of informing the
Minister or a designated person whether the criteria set out in paragraphs 11.17(1)(a) and (b) are met. Activities of designated employee (5) A designated employee may, for the purpose of identifying and organizing the dataset, carry out any of the following activities: (a) deletion of extraneous or erroneous information or information of poor quality; (b) translation; (c) decryption; (d) the application of privacy protection techniques; (e) any activity respecting the organization of the
dataset.
Responsibilities of designated employee (6) A designated employee shall, during the evaluation period, (a) delete any information that relates to personal information, as defined in section 3 of the Privacy Act, that in the opinion of the Service is not relevant to the performance of its duties and functions and may be deleted without affecting the integrity of the dataset; and (b) comply with the obligations under section 11.1.
Dataset not within class 11.08 (1) If a designated employee confirms that the dataset does not belong to any approved class, the Service shall, without delay, (a) destroy the dataset; or (b) make a request to the Minister for the determination of a new class under section 11.03 to which the dataset would belong. Period — suspension (2) When the Service makes a request to the Minister under paragraph (1)(b), the 90-day period referred to in subsection 11.07(1) is suspended for the period that begins on the day on which a designated employee confirms
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that the dataset does not belong to any approved class and ends on the day on which the Commissioner approves, under the Intelligence Commissioner Act, the determination of the Minister in respect of a new class to which the dataset belongs. Limit — activity (3) A designated employee shall not carry out any activity under subsections 11.07(4) and (5) in respect of the dataset, during the period of suspension described in subsection (2). Subsection 11.07(6) does not apply to the dataset during that period of suspension. Destruction (4) If the Minister, on a request made under paragraph
(1)(b), does not make a determination to authorize a class that would apply to the dataset or the Commissioner, following a review of the Minister’s determination under the Intelligence Commissioner Act, does not approve the determination of the Minister, the Service shall, without delay, destroy the dataset. End of evaluation period — Canadian datasets 11.09 (1) If a designated employee confirms that a dataset is a Canadian dataset, the Service shall make an application for judicial authorization under section 11.13, as soon as feasible but no later than the 90th day referred to in subsection 11.07(1).
End of evaluation period — foreign datasets (2) If the designated employee confirms that the dataset is a foreign dataset, the Service shall ensure that the dataset is brought to the attention of the Minister or the designated person, as soon as feasible but no later than the 90th day referred to in subsection 11.07(1), so as to enable the Minister or designated person to make a determination to authorize its retention under section 11.17.
Destruction (3) If the Service has not taken steps within the period
referred to in subsection (1) or (2), as the case may be, the dataset shall be destroyed by the day on which the period ends. Continuing obligations of Service 11.1 (1) The Service shall, (a) in respect of a Canadian dataset or a foreign
dataset, delete any information in respect of which there is a reasonable expectation of privacy that relates to the physical or mental health of an individual;
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(b) in respect of a Canadian dataset, delete any information that is subject to solicitor-client privilege or the professional secrecy of advocates and notaries; and (c) in respect of a foreign dataset, remove any information from the dataset that by its nature or attributes relates to a Canadian or a person in Canada.
Removal (2) If the Service removes the information from the
dataset under paragraph (1)(c), the information that was removed shall (a) be destroyed without delay; (b) be collected as a dataset under section 11.05; or (c) be added as an update to a Canadian dataset if the addition is permitted under that Canadian dataset’s judicial authorization.
Deeming (3) The dataset collected under paragraph (2)(b) shall be
deemed to have been collected on the day on which it was removed and its evaluation period under subsection 11.07(1) begins on the same day on which it was removed. Dataset publicly available 11.11 (1) For the purposes of sections 12 to 16, the Service may retain, query and exploit a publicly available dataset. Retention of results of query or exploitation (2) The Service may retain the results of a query or exploitation of a publicly available dataset in accordance with sections 12 to 16.
Approval by Minister 11.12 (1) Before making an application for a judicial authorization under subsection 11.13(1), the Director or a designated employee shall obtain the Minister’s approval.
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Approved classes (2) When the Director or a designated employee requests
the Minister’s approval, the Director or designated employee shall, indicate to the Minister (a) the approved class to which the Canadian dataset belongs; and (b) the date on which the Commissioner approved the determination of the Minister authorizing the class under the Intelligence Commissioner Act.
Judicial authorization 11.13 (1) A judge may authorize the retention of a Canadian dataset if he or she is satisfied that (a) the retention of the dataset that is the subject of the application is likely to assist the Service in the performance of its duties or functions under sections 12, 12.1 and 16; and (b) the Service has complied with its obligations under section 11.1 with respect to the dataset that is the subject of the application. Contents of application (2) An application for a judicial authorization shall be
made in writing and shall set out the following: (a) the grounds on which the requirements referred to
in paragraphs (1)(a) and (b) are satisfied; (b) a description of the information that is contained
in the dataset; (c) if any updates are to be made to the dataset by the
Service, the manner in which the Service intends to make those updates; (d) any privacy concern which, in the opinion of the
Director or the designated employee who makes the application, is exceptional or novel; (e) the details of any previous application made in respect of that dataset, including the date on which it was made, the name of the judge to whom it was made and the judge’s decision; (f) if the Commissioner has approved, under the Intelligence Commissioner Act, the Director’s authorization on the basis of exigent circumstances under section 11.22, the content of that authorization, the results of the authorized query and any actions taken after obtaining those results.
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Contents of judicial authorization 11.14 (1) A judicial authorization issued under section
11.13 shall specify (a) a description of the dataset; (b) the manner in which the Service may update the dataset; (c) the period during which the judicial authorization is valid; (d) any terms and conditions that the judge considers necessary respecting (i) the querying or exploitation of the dataset, or (ii) the destruction or retention of the dataset or a
portion of it; and (e) any terms and conditions that the judge considers
advisable in the public interest. Maximum period (2) A judicial authorization shall be valid for a period of
not more than two years. Destruction — no judicial authorization 11.15 (1) Subject to subsection (2), if a judge refuses to issue a judicial authorization for a Canadian dataset, the Service shall, without delay, destroy the dataset.
Taking effect of subsection (1) (2) The requirement to destroy the dataset under subsection (1) takes effect after the end of the period for making an appeal or in the case of an appeal, after the confirmation of the decision and if all rights of appeal have been exhausted. Destruction — absence of new application (3) If the Service has not made a new application for a
judicial authorization to retain a Canadian dataset under section 11.12 before the period of the judicial authorization given in respect of that dataset expires, the Service shall destroy the dataset within 30 days after the expiry of that period.
New application (4) If the Service makes a new application under section 11.12 for a judicial authorization for a Canadian dataset
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in respect of which the period of the judicial authorization has not expired, the Service may, subject to subsection (5), retain it until a decision is made in respect of the new application.
Limit (5) If the period of a judicial authorization expires, in the
circumstances under subsection (4), the Service shall neither query nor exploit the dataset until and unless a new authorization has been issued for the dataset.
Designation 11.16 (1) The Minister may designate a person, including the Director or an employee, for the purpose of section 11.17.
Limit (2) At any given time, only one designated person may
give an authorization under subsection 11.17(1). Statutory Instruments Act (3) For greater certainty, the designation of a person by
the Minister under subsection (1) is not a statutory instrument within the meaning of the Statutory Instruments Act. Authorization 11.17 (1) The Minister or the designated person may,
on the request of the Service, authorize the Service to retain a foreign dataset if the Minister or the designated person concludes (a) that the dataset is a foreign dataset; (b) that the retention of the dataset is likely to assist
the Service in the performance of its duties and functions under sections 12, 12.1, 15 and 16; and (c) that the Service has complied with its obligations
under section 11.1.
Contents of authorization (2) The authorization given under subsection (1) shall specify (a) a description of the dataset; (b) the manner in which the Service may update the
dataset; (c) the period during which the authorization is valid;
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(d) any terms and conditions that the Minister or designated person considers necessary respecting (i) the querying or exploitation of the dataset, or (ii) the destruction or retention of the dataset or a portion of it; and (e) any terms and conditions that the Minister or designated person considers advisable in the public interest.
Maximum period of authorization (3) An authorization under subsection (1) shall be valid for a period of not more than five years from the date on which the Commissioner approves it under the Intelligence Commissioner Act.
Statutory Instruments Act (4) For greater certainty, the authorization by the Minister or designated person under subsection (1) is not a statutory instrument within the meaning of the Statutory Instruments Act. Notification of Commissioner 11.18 The Minister or the designated person shall notify the Commissioner of the Minister’s determination of an authorization under section 11.17 for the purposes of the Commissioner’s review and approval under the Intelligence Commissioner Act.
Destruction — no authorization 11.19 (1) Subject to subsection (2), if the Minister or the designated person under section 11.17, or the Commissioner under the Intelligence Commissioner Act, does not approve an authorization, the Service shall, without delay, destroy the dataset that is the subject of the request.
Taking effect of subsection (1) (2) The requirement to destroy the dataset under subsection (1) takes effect after the expiry of the period for making an application for judicial review under section 18.1 of the Federal Courts Act or, in the case of such an application, after the confirmation of the decision and if all rights of appeal have been exhausted. Destruction — absence of new request (3) If the Service has not made a new request for an authorization to retain a foreign dataset under section 11.17 before the period of the authorization given in respect of that dataset expires, the Service shall destroy the dataset within 30 days after the expiry of that period.
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New request (4) If the Service makes a new request for an authorization under section 11.17 for a foreign dataset in respect of which the period of authorization has not expired, the Service may, subject to subsection (5), retain it until a decision is made in respect of the new request.
Limit (5) If the period of an authorization expires, in the circumstances set out in subsection (4), the Service shall neither query nor exploit the dataset until and unless a new authorization has been issued for the dataset.
Query or exploitation of datasets 11.2 (1) A designated employee may, in accordance
with subsections (2) to (4), query or exploit Canadian datasets and foreign datasets.
Dataset subject to judicial authorization — sections 12 and 12.1 (2) A designated employee may, to the extent that it is strictly necessary, query or exploit a Canadian dataset that is subject to a judicial authorization issued under section 11.13 to assist the Service in the performance of its duties and functions under sections 12 and 12.1.
Dataset subject to approved authorization — sections 12, 12.1 and 15 (3) A designated employee may, to the extent that it is strictly necessary, query or exploit a foreign dataset that is the subject of an authorization under section 11.17 that has been approved by the Commissioner under the Intelligence Commissioner Act, to assist the Service in the performance of its duties and functions under sections 12, 12.1 and 15.
Assistance in accordance with section 16 (4) A designated employee may query or exploit a Canadian dataset that is subject to a judicial authorization issued under section 11.13 or a foreign dataset that is the subject of an authorization under section 11.17 that has been approved by the Commissioner under the Intelligence Commissioner Act, if the query or exploitation is required to assist the Minister of National Defence or the Minister of Foreign Affairs in accordance with section 16.
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Retention 11.21 (1) The Service may retain the results of a query or exploitation of a dataset performed under section 11.2 if (a) the collection, analysis and retention of the results are carried out under section 12; (b) the retention is strictly necessary to assist the Service in the performance of its duties and functions under sections 12.1 and 15; or (c) the retention is required to assist the Minister of National Defence or the Minister of Foreign Affairs in accordance with section 16.
Destruction (2) The Service shall, without delay, destroy the results that it cannot retain under subsection (1).
Query of datasets — exigent circumstances 11.22 (1) The Director may authorize a designated employee to query a Canadian dataset that is not the subject of a valid judicial authorization issued under section 11.13 or a foreign dataset that is not the subject of a valid authorization under section 11.17 that has been approved by the Commissioner under the Intelligence Commissioner Act, if the Director concludes (a) that the dataset was collected by the Service under
subsection 11.05(1); and (b) that there are exigent circumstances that require a query of the dataset (i) to preserve the life or safety of any individual, or (ii) to acquire intelligence of significant importance to national security, the value of which would be diminished or lost if the Service is required to comply with the authorization process under section 11.13 or sections 11.17 and 11.18.
Contents of authorization (2) The Director’s authorization shall contain the following:
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(a) a description of the exigent circumstances; (b) a description of the dataset to be queried; and (c) the grounds on which the Director concludes that the query is likely to produce the intelligence referred to in subparagraph (1)(b)(i) or (ii).
Retention (2.1) The Service may retain the results of a query of a dataset performed under subsection (1) if (a) the collection, analysis and retention of the results are carried out under section 12; (b) the retention is strictly necessary to assist the Service in the performance of its duties and functions under section 12.1; or (c) the retention is required to assist the Minister of
National Defence or the Minister of Foreign Affairs in accordance with section 16.
Destruction (2.2) The Service shall, without delay, destroy the results
that it cannot retain under subsection (2.1). Statutory Instruments Act (3) For greater certainty, an authorization by the Director under subsection (1) is not a statutory instrument within the meaning of the Statutory Instruments Act. Decision by Commissioner 11.23 An authorization issued under section 11.22 is valid when — if it is approved by the Commissioner under the Intelligence Commissioner Act — the Commissioner provides the Director with the written decision approving the authorization.
Record keeping — publicly available datasets 11.24 (1) The Service shall, with respect to publicly
available datasets, (a) establish record keeping requirements for those
datasets with respect to the rationale for their collection, the details of each exploitation, the statutory provision under which the result of a query or exploitation is retained and the results that were retained; and (b) verify, periodically and on a random basis, if the results obtained from the querying and exploitation of
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those datasets were retained in accordance with subsection 11.11(2).
Record keeping — approved class (2) The Service shall establish record keeping requirements in respect of the approved class of a Canadian dataset. Requirements (3) The Service shall, with respect to Canadian and foreign datasets, (a) store and manage those datasets separately from
all other information collected and retained by the Service under this Act; (b) limit access to those datasets to designated employees and take reasonable measures to ensure that any information that they obtained, or to which they had access, is only communicated for the purpose of performing their duties or functions under this Act; (c) establish record keeping requirements for those datasets with respect to the rationale for their collection and retention, the details of each query and exploitation, the results of those queries and exploitations, and if the results were retained for the purpose of performing their duties or functions under section 12, 12.1, 15 or 16; and (d) verify, periodically and on a random basis, if (i) the querying and exploitation of those datasets were carried out in accordance with section 11.2, and (ii) the results obtained from the querying and exploitation of those datasets were retained in accordance with section 11.21.
Reports 11.25 The Service shall (a) give the Review Agency any report prepared following a verification under paragraphs 11.24(1)(b) and (3)(d); (b) in the case of a foreign dataset that is the subject of an authorization under section 11.17 that has been approved by the Commissioner under the Intelligence Commissioner Act, notify the Review Agency when the Service removes information under paragraph
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11.1(1)(c) and of the measures that have been taken in respect of that information; and (c) in the case of a query of a dataset performed on the basis of exigent circumstances under section 11.22, give the Review Agency a copy of the Director’s authorization under that section and indicate the results of the query and any actions taken after obtaining those results.
98 Subsections 12.1(2) and (3) of the Act are replaced by the following:
Limits (2) The measures shall be reasonable and proportional in
the circumstances, having regard to the nature of the threat, the nature of the measures, the reasonable availability of other means to reduce the threat and the reasonably foreseeable effects on third parties, including on their right to privacy. Alternatives (3) Before taking measures under subsection (1), the Service shall consult, as appropriate, with other federal departments or agencies as to whether they are in a position to reduce the threat.
Canadian Charter of Rights and Freedoms (3.1) The Canadian Charter of Rights and Freedoms is part of the supreme law of Canada and all measures taken by the Service under subsection (1) shall comply with it.
Warrant — Canadian Charter of Rights and Freedoms (3.2) The Service may take measures under subsection
(1) that would limit a right or freedom guaranteed by the Canadian Charter of Rights and Freedoms only if a judge, on an application made under section 21.1, issues a warrant authorizing the taking of those measures.
Condition for issuance (3.3) The judge may issue the warrant referred to in subsection (3.2) only if he or she is satisfied that the measures, as authorized by the warrant, comply with the Canadian Charter of Rights and Freedoms.
Warrant — Canadian law (3.4) The Service may take measures under subsection
(1) that would otherwise be contrary to Canadian law only if the measures have been authorized by a warrant issued under section 21.1.
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Notification of Review Committee (3.5) The Service shall, after taking measures under subsection (1), notify the Review Committee of the measures as soon as the circumstances permit. 99 (1) Subsection 12.2(1) of the Act is amended by striking out “or” at the end of paragraph (b) and by adding the following after paragraph (c): (d) subject an individual to torture or cruel, inhuman
or degrading treatment or punishment, within the meaning of the Convention Against Torture; (e) detain an individual; or (f) cause the loss of, or any serious damage to, any property if doing so would endanger the safety of an individual. (2) Subsection 12.2(2) of the Act is repealed.
100 The Act is amended by adding the following after section 18.1:
Exemption — employees 18.2 (1) No employee is guilty of an offence by reason only that the employee, in the course of their duties and functions and for the sole purpose of establishing or maintaining a covert identity, makes a false statement with respect to a covert identity or makes, procures to be made, requests, possesses, uses or transfers a false document or acts on or authenticates a false document as if it were genuine.
Exemption — other persons (2) No person is guilty of an offence by reason only that
the person, under the direction of an employee and for the sole purpose of establishing or maintaining a covert identity, makes a false statement with respect to a covert identity or makes, procures to be made, requests, possesses, uses or transfers a false document or acts on or authenticates a false document as if it were genuine. Exemption — section 368.1 of Criminal Code (3) No employee is guilty of an offence under section
368.1 of the Criminal Code if the acts alleged to constitute the offence were committed by the employee in the course of their duties and functions and for the sole purpose of establishing or maintaining a covert identity. Definition of false document (4) In subsections (1) and (2), false document has the same meaning as in section 321 of the Criminal Code.
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101 The Act is amended by adding the following after section 20:
Definitions 20.1 (1) The following definitions apply in this section.
designated employee means an employee who is designated under subsection (6) or (8). (employé désigné) designated senior employee means an employee who is designated under subsection (7). (employé supérieur désigné) Principle — justification (2) It is in the public interest to ensure that employees effectively carry out the Service’s information and intelligence collection duties and functions, including by engaging in covert activities, in accordance with the rule of law and, to that end, to expressly recognize in law a limited justification for designated employees acting in good faith and persons acting under their direction to commit acts or omissions that would otherwise constitute offences.
Classes of acts or omissions (3) At least once every year, the Minister shall, by order,
determine the classes of acts or omissions that would otherwise constitute offences and that designated employees may be justified in committing or directing another person to commit if the Minister concludes that the commission of those acts or omissions is reasonable, having regard to (a) the Service’s information and intelligence collection duties and functions; and (b) any threats to the security of Canada that may be the object of information and intelligence collection activities or any objectives to be achieved by such activities.
Statutory Instruments Act (4) An order made under subsection (3) is not a statutory instrument within the meaning of the Statutory Instruments Act. Notification of Commissioner (5) The Minister shall notify the Commissioner of the
Minister’s determination under subsection (3) for the purposes of the Commissioner’s review and approval under the Intelligence Commissioner Act.
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Designation of employees (6) The Minister may personally, on the recommendation of the Director and for a period of not more than one year, designate, for the purpose of this section, employees who perform information and intelligence collection activities. Designation of senior employees (7) The Minister may personally, on the recommendation of the Director, designate, for the purpose of this section, senior employees who are responsible for information and intelligence collection activities. Emergency designation (8) The Director or a designated senior employee may, for a period of not more than 48 hours, designate, for the purpose of this section, an employee who performs information and intelligence collection activities if the Director or the designated senior employee is of the opinion that (a) by reason of exigent circumstances, it is not feasible for the Minister to designate the employee under subsection (6); and (b) the employee would be justified in committing an act or omission that would otherwise constitute an offence.
Notification of Minister (9) The Director or the designated senior employee, as the case may be, shall notify the Minister of the designation as soon as the circumstances permit.
Conditions (10) A designation under subsection (6) or (8) may be made subject to conditions, including conditions limiting (a) its duration; (b) the nature of the information and intelligence collection activities in the context of which a designated employee may be justified in committing, or directing another person to commit, an act or omission that would otherwise constitute an offence; and (c) the act or omission that would otherwise constitute an offence and that a designated employee may be justified in committing or directing another person to commit.
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Justification for acts or omissions (11) Subject to subsection (15), a designated employee is
justified in committing an act or omission that would otherwise constitute an offence if (a) the designated employee (i) is engaged, in good faith, in an information and intelligence collection activity in relation to a threat to the security of Canada, and (ii) believes on reasonable grounds that the commission of the act or omission, as compared to the threat, is reasonable and proportional in the circumstances, having regard to such matters as the nature of the threat, the nature of the act or omission and the reasonable availability of other means for performing the information and intelligence collection activity; or (b) the designated employee (i) is engaged, in good faith, in an information and intelligence collection activity under section 16, and (ii) believes on reasonable grounds that the commission of the act or omission is reasonable and proportional in the circumstances, having regard to such matters as the nature of the act or omission, the nature of the objective to be achieved and the reasonable availability of other means to achieve the objective.
Authorization (12) The Director or a designated senior employee may,
in writing, authorize designated employees, for a period of not more than one year, to direct the commission of acts or omissions that would otherwise constitute offences if the Director or the designated senior employee believes on reasonable grounds (a) in the case of an activity described in subparagraph (11)(a)(i), that the commission of the acts or omissions, as compared to the threat to the security of Canada to which the activity relates, is reasonable and proportional in the circumstances, having regard to such matters as the nature of the threat, the nature of the acts or omissions and the reasonable availability of other means for performing the activity; or (b) in the case of an activity described in subparagraph (11)(b)(i), that the commission of the acts or omissions is reasonable and proportional in the circumstances, having regard to such matters as the nature of the acts or omissions, the nature of the
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objective to be achieved and the reasonable availability of other means to achieve the objective. Contents (13) The authorization shall specify (a) the acts or omissions that would otherwise constitute offences; (b) the designated employees who are authorized to direct the commission of those acts or omissions; and (c) the persons who may be directed to commit those acts or omissions.
Amendment or cancellation (14) The authorization may be amended or cancelled by
the Director or a designated senior employee. Justification for directing (15) A designated employee is only justified in directing
the commission of an act or omission that would otherwise constitute an offence if the conditions in paragraph (11)(a) or (b) are met and the designated employee (a) is personally authorized to direct the commission of the act or omission under subsection (12); or (b) believes on reasonable grounds that grounds for
obtaining an authorization under that subsection exist but it is not feasible in the circumstances to obtain the authorization and that the act or omission is necessary to (i) preserve the life or safety of any individual, (ii) prevent the compromise of the identity of an
employee acting covertly, of a human source or of a person acting covertly under the direction of an employee, or (iii) prevent the imminent loss or destruction of information or intelligence.
Person acting under direction of designated employee (16) A person, other than an employee, is justified in committing an act or omission that would otherwise constitute an offence if (a) they are directed by a designated employee to commit the act or omission; and
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(b) they believe on reasonable grounds that the person who directs them to commit the act or omission has the authority to give that direction. Classes of acts or omissions (17) A designated employee is only justified in committing, or directing another person to commit, an act or omission that would otherwise constitute an offence if the act or omission falls within a class of acts or omissions the determination of which is approved by the Commissioner under the Intelligence Commissioner Act.
Limitation (18) Nothing in this section justifies (a) causing, intentionally or by criminal negligence, death or bodily harm to an individual; (b) wilfully attempting in any manner to obstruct, pervert or defeat the course of justice; (c) violating the sexual integrity of an individual; (d) subjecting an individual to torture or cruel, inhuman or degrading treatment or punishment, within the meaning of the Convention Against Torture; (e) detaining an individual; or (f) causing the loss of, or any serious damage to, any
property if doing so would endanger the safety of an individual.
Ministerial direction (19) Nothing in this section justifies the commission of
an act or omission specified in a direction issued by the Minister for the purpose of this section, under subsection 6(2).
Protection, defences and immunities unaffected (20) Nothing in this section affects the protection, defences and immunities of employees and other persons recognized under the law of Canada.
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Requirement to obtain warrant (21) Nothing in this section relieves the Director or an
employee from the requirement to obtain a warrant in accordance with section 21. Canadian Charter of Rights and Freedoms (22) Nothing in this section justifies the commission of
an act or omission that would infringe a right or freedom guaranteed by the Canadian Charter of Rights and Freedoms. Report by designated employee (23) A designated employee who commits an act or omission in accordance with subsection (11) or who directs the commission of an act or omission in accordance with subsection (15) shall, as soon as the circumstances permit after doing so, submit a written report to the Director or a designated senior employee describing the act or omission.
Annual report (24) The Minister shall, every year, publish or otherwise make available to the public a report in respect of the previous year that includes (a) the number of designations that were made under subsection (8); (b) the number of authorizations that were given under subsection (12); (c) the number of times that designated employees directed the commission of acts or omissions in accordance with paragraph (15)(b); (d) the nature of the threats to the security of Canada that were the object of the information and intelligence collection activities in the context of which the designations referred to in paragraph (a) were made, the authorizations referred to in paragraph (b) were given or the acts or omissions referred to in paragraph (c) were directed to be committed; and (e) the nature of the acts or omissions that were committed under the designations referred to in paragraph (a) or that were directed to be committed under the authorizations referred to in paragraph (b) or in accordance with paragraph (15)(b).
Limitation (25) The report is not to contain any information the disclosure of which would (a) compromise or hinder an ongoing information and
intelligence collection activity;
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(b) compromise the identity of an employee acting
covertly, of a human source or of a person acting covertly under the direction of an employee; (c) endanger the life or safety of any individual; (d) prejudice a legal proceeding; or (e) be contrary to the public interest.
Notification of Review Agency (26) The Service shall notify the Review Agency as soon as the circumstances permit after (a) a designation is made under subsection (8); (b) an authorization is given under subsection (12); or (c) a written report is submitted under subsection (23).
Statutory Instruments Act (27) For greater certainty, designations, authorizations
and directions referred to in this section are not statutory instruments within the meaning of the Statutory Instruments Act.
Report to Parliament Report 20.2 (1) The Service shall, within three months after the end of each calendar year, submit to the Minister a report of the activities of the Service during the preceding calendar year, and the Minister shall cause the report to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the Minister receives it. 102 (1) Section 21 of the Act is amended by
adding the following after subsection (1):
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Retention of information — incidental collection (1.1) The applicant may, in an application made under
subsection (1), request the judge to authorize the retention of the information that is incidentally collected in the execution of a warrant issued for the purpose of section 12, in order to constitute a dataset. (2) Subsection 21(2) of the Act is amended by adding the following after paragraph (d): (d.1) when it is anticipated that information would be
incidentally collected in the execution of a warrant, the grounds on which the retention of the information by the Service is likely to assist it in the performance of its duties or functions under sections 12, 12.1 and 16; (3) Section 21 of the Act is amended by adding the
following after subsection (3): Retention of information (3.01) If the judge to whom the application is made is satisfied that the retention of the information that is incidentally collected in the execution of a warrant is likely to assist the Service in the performance of its duties or functions under sections 12, 12.1 and 16, the judge may, in a warrant issued under this section, authorize the retention of the information requested in subsection (1.1), in order to constitute a dataset.
(4) Subsection 21(4) of the Act is amended by
adding the following after paragraph (d): (d.1) an indication as to whether information collected incidentally in the execution of the warrant may be retained under subsection (1.1);
(5) Section 21 of the Act is amended by adding the
following after subsection (4): Datasets (4.1) If the Service is authorized to retain information in
accordance with subsection (1.1) in order to constitute a dataset that the Service may collect under this Act, that dataset is deemed to be collected under section 11.05 on the first day of the period for which the warrant is in force.
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103 (1) Subsection 21.1(1) of the Act is replaced by the following:
Application for warrant — measures to reduce threats to security of Canada 21.1 (1) If the Director or any employee who is designated by the Minister for the purpose believes on reasonable grounds that a warrant under this section is required to enable the Service to take measures referred to in subsection (1.1), within or outside Canada, to reduce a threat to the security of Canada, the Director or employee may, after having obtained the Minister’s approval, make an application in accordance with subsection (2) to a judge for a warrant under this section.
Measures (1.1) For the purpose of subsection (1), the measures are
the following: (a) altering, removing, replacing, destroying, disrupting or degrading a communication or means of communication; (b) altering, removing, replacing, destroying, degrading or providing — or interfering with the use or delivery of — any thing or part of a thing, including records, documents, goods, components and equipment; (c) fabricating or disseminating any information, record or document; (d) making or attempting to make, directly or indirectly, any financial transaction that involves or purports to involve currency or a monetary instrument; (e) interrupting or redirecting, directly or indirectly,
any financial transaction that involves currency or a monetary instrument; (f) interfering with the movement of any person, excluding the detention of an individual; and (g) personating a person, other than a police officer,
in order to take a measure referred to in any of paragraphs (a) to (f). (2) Paragraph 21.1(2)(c) of the Act is replaced by the following: (c) the reasonableness and proportionality, in the circumstances, of the proposed measures, having regard to the nature of the threat, the nature of the measures, the reasonable availability of other means to reduce the threat and the reasonably foreseeable effects on third parties, including on their right to privacy;
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104 Paragraph 22.1(1)(b) of the Act is replaced by
the following: (b) the continued reasonableness and proportionality,
in the circumstances, of the measures specified in the warrant, having regard to the nature of the threat, the nature of the measures, the reasonable availability of other means to reduce the threat and the reasonably foreseeable effects on third parties, including on their right to privacy. 105 Section 22.2 of the Act is replaced by the following: Limits on execution of warrant 22.2 A person to whom — or a person who is included in
a class of persons to whom — a warrant issued under section 21.1 is directed may take the measures specified in it only if, at the time that they take them, they believe on reasonable grounds that the measures are reasonable and proportional in the circumstances, having regard to the nature of the threat to the security of Canada, the nature of the measures, the reasonable availability of other means to reduce the threat and the reasonably foreseeable effects on third parties, including on their right to privacy. 106 Subsection 24.1(1) of the Act is replaced by
the following: Authorization to request assistance 24.1 (1) A person to whom — or a person who is included in a class of persons to whom — a warrant issued under section 21.1 is directed may request that another person assist them in taking any measure that the requester is authorized to take under the warrant if the requester believes on reasonable grounds that the measure is reasonable and proportional in the circumstances, having regard to the nature of the threat to the security of Canada, the nature of the measure, the reasonable availability of other means to reduce the threat and the reasonably foreseeable effects on third parties, including on their right to privacy. 107 Section 27 of the Act is replaced by the following:
Hearing of applications 27 An application for a judicial authorization under section 11.13, an application under section 21, 21.1 or 23 for a warrant, an application under section 22 or 22.1 for the renewal of a warrant or an application for an order under
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section 22.3 shall be heard in private in accordance with regulations made under section 28.
Report — datasets 27.1 (1) For the purposes of this section, if the Review Agency is of the view that the querying and exploitation of a dataset under sections 11.11 and 11.2 may not be in compliance with the law, the Review Agency may provide to the Director the relevant portions of a report prepared under section 35 of the National Security and Intelligence Review Agency Act, as well as any other information that the Review Agency believes may assist the Federal Court in making its determination under subsection (4).
Professional secrecy (2) The Review Agency shall take appropriate steps to
ensure that the information provided to the Director does not include information that is subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege. Filing with Federal Court (3) The Director shall, as soon as feasible after receiving
this information, cause it to be filed with the Federal Court along with any additional information that the Director believes may be relevant to the determination required to be made under this section. Review (4) A judge shall review the information filed under subsection (3) and make a determination if the querying or exploitation by the Service complied with the law.
Measures by Judge (5) The judge may, respecting the review and determination that is made under this section, (a) issue a direction; (b) make an order; or (c) take any other measure that the judge considers appropriate in the circumstances.
Private hearing (6) Any hearing held for the purposes of this section
shall be held in private in accordance with regulations made under section 28.
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108 Paragraphs 28(a) and (b) of the Act are replaced by the following: (a) prescribing the form of judicial authorizations that may be issued under section 11.13 and of warrants that may be issued under section 21, 21.1 or 23; (b) governing the practice and procedure of, and security requirements applicable to, hearings of applications for judicial authorization under section 11.13, for warrants that may be issued under section 21, 21.1 or 23, for renewals of those warrants and for orders that may be made under section 22.3; (b.1) governing the practice and procedure of, and security requirements applicable to, other matters that arise out of the performance by the Service of its duties and functions under this Act and over which the Chief Justice of the Federal Court or a judge is presiding; and 109 The Act is amended by adding the following after section 40:
Report on activities of Service 40.1 (1) If the Review Committee is of the opinion that the Service may not be carrying out, or may not have carried out, its activities in accordance with this Act and the regulations, the Review Committee shall submit a written report to the Minister on those activities. The Review Committee shall provide the Director with a copy of its report.
Report and comments to Attorney General of Canada (2) The Minister shall provide the Attorney General of
Canada with a copy of any report that the Minister receives under subsection (1), together with any comment that he or she considers appropriate in the circumstances. Copies to Review Committee (3) A copy of anything provided to the Attorney General of Canada under subsection (2) shall be provided to the Review Committee as soon as the circumstances permit.
Transitional Provisions Definitions 110 The following definitions apply in section
111. commencement day means the day on which section 96 comes into force. (date de référence)
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dataset means a collection of information stored as an electronic record and characterized by a common subject matter. (ensemble de données) Service has the same meaning as in section 2 of the Canadian Security Intelligence Service Act. (Service) Datasets collected by Service 111 If any dataset was collected by the Service
before the commencement day that would be subject to sections 11.02 and 11.05 of the Canadian Security Intelligence Service Act as enacted by section 97 of this Act, that dataset is deemed, on the commencement day, to be collected under that section 11.05 on that day.
PART 5 2015, c. 20, s. 2
Security of Canada Information Sharing Act Amendments to the Act 112 The long title of the English version of the
Security of Canada Information Sharing Act is replaced by the following: An Act to encourage and facilitate the disclosure of information between Government of Canada institutions in order to protect Canada against activities that undermine the security of Canada 113 (1) The sixth paragraph of the preamble of the English version of the Act is replaced by the following:
Whereas Parliament recognizes that information needs to be disclosed — and disparate information needs to be collated — in order to enable the Government to protect Canada and its people against activities that undermine the security of Canada; (2) The seventh and eighth paragraphs of the
preamble of the Act are replaced by the following: Whereas Government of Canada institutions are accountable for the effective and responsible disclosure of information in a manner that respects the
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Chapter 13: National Security Act, 2017 PART 5 Security of Canada Information Sharing Act Amendments to the Act Sections 113-115
Canadian Charter of Rights and Freedoms, the Privacy Act and other laws regarding the protection of privacy; And whereas an explicit authority will facilitate the effective and responsible disclosure of information to protect the security of Canada; 114 Section 1 of the English version of the Act is replaced by the following:
Short title 1 This Act may be cited as the Security of Canada Information Disclosure Act. 115 (1) The definition people of Canada in section
2 of the Act is repealed. (2) The portion of the definition activity that undermines the security of Canada in section 2 of the Act before paragraph (b) is replaced by the following: activity that undermines the security of Canada means any activity that undermines the sovereignty, security or territorial integrity of Canada or threatens the lives or the security of people in Canada or of any individual who has a connection to Canada and who is outside Canada. For greater certainty, it includes (a) interference with the capability of the Government of Canada in relation to intelligence, defence, border operations or public safety;
(3) The portion of the definition activity that undermines the security of Canada in section 2 of the Act after paragraph (e) is replaced by the following: (f) significant or widespread interference with critical infrastructure; (g) significant or widespread interference with the global information infrastructure, as defined in section 273.61 of the National Defence Act; and (h) conduct that takes place in Canada and that undermines the security of another state. (activité portant atteinte à la sécurité du Canada)
(4) Section 2 of the Act is renumbered as subsection 2(1) and is amended by adding the following:
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Chapter 13: National Security Act, 2017 PART 5 Security of Canada Information Sharing Act Amendments to the Act Sections 115-118
Exception (2) For the purposes of this Act, advocacy, protest, dissent or artistic expression is not an activity that undermines the security of Canada unless carried on in conjunction with an activity that undermines the security of Canada.
116 Section 3 of the English version of the Act is replaced by the following:
Purpose 3 The purpose of this Act is to encourage and facilitate the disclosure of information between Government of Canada institutions in order to protect Canada against activities that undermine the security of Canada. 117 (1) The portion of section 4 of the English
version of the Act before paragraph (c) is replaced by the following: Guiding principles 4 The disclosure of information under this Act is to be
guided by the following principles: (a) effective and responsible disclosure of information
protects Canada and Canadians; (b) respect for caveats on and originator control over
disclosed information is consistent with effective and responsible disclosure of information; (2) Paragraph 4(c) of the Act is replaced by the
following: (c) entry into an information-sharing arrangement is
appropriate when a Government of Canada institution regularly discloses information to the same Government of Canada institution; (3) Paragraph 4(d) of the English version of the
Act is replaced by the following: (d) the provision of feedback as to how disclosed information is used and as to whether it is useful in protecting against activities that undermine the security of Canada facilitates effective and responsible information disclosure; and 118 Sections 5 and 6 of the Act are replaced by
the following: Disclosure of information to institution listed in Schedule 3 5 (1) Subject to any provision of any other Act of Parliament, or of any regulation made under such an Act, that
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Chapter 13: National Security Act, 2017 PART 5 Security of Canada Information Sharing Act Amendments to the Act Section 118
prohibits or restricts the disclosure of information, a Government of Canada institution may, on its own initiative or on request, disclose information to the head of a recipient Government of Canada institution whose title is listed in Schedule 3, or to a person designated by the head of that recipient institution, if the disclosing institution is satisfied that (a) the disclosure will contribute to the exercise of the
recipient institution’s jurisdiction, or the carrying out of its responsibilities, under an Act of Parliament or another lawful authority, in respect of activities that undermine the security of Canada; and (b) the disclosure will not affect any person’s privacy
interest more than is reasonably necessary in the circumstances. Statement regarding accuracy and reliability (2) An institution that discloses information under subsection (1) must, at the time of the disclosure, also provide information regarding its accuracy and the reliability of the manner in which it was obtained.
Requirement to destroy or return 5.1 (1) A Government of Canada institution must, as
soon as feasible after receiving it under section 5, destroy or return any personal information, as defined in section 3 of the Privacy Act, that is not necessary for the institution to exercise its jurisdiction, or to carry out its responsibilities, under an Act of Parliament or another lawful authority, in respect of activities that undermine the security of Canada.
Exception (2) Subsection (1) does not apply if the retention of the
information is required by law. Canadian Security Intelligence Service Act (3) Subsection (1) does not apply to the Canadian Security Intelligence Service in respect of any information that relates to the performance of its duties and functions under section 12 of the Canadian Security Intelligence Service Act.
Clarification 6 Nothing in section 5 or 5.1 is to be construed as authorizing the collection or use of any information that is disclosed under section 5.
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Chapter 13: National Security Act, 2017 PART 5 Security of Canada Information Sharing Act Amendments to the Act Sections 118.1-119
118.1 The Act is amended by adding the following after section 7: Clarification 7.1 For greater certainty, for the purpose of paragraph 8(2)(b) of the Privacy Act, the authority in this Act to disclose information includes the authority to disclose personal information, as defined in section 3 of the Privacy Act.
119 (1) Section 9 of the Act and the heading before it are replaced by the following:
Record Keeping Obligation — disclosing institution 9 (1) Every Government of Canada institution that discloses information under this Act must prepare and keep records that set out (a) a description of the information; (b) the name of the individual who authorized its disclosure; (c) the name of the recipient Government of Canada institution; (d) the date on which it was disclosed; (e) a description of the information that was relied on to satisfy the disclosing institution that the disclosure was authorized under this Act; and (f) any other information specified by the regulations.
Obligation — recipient institution (2) Every Government of Canada institution that receives information under this Act must prepare and keep records that set out (a) a description of the information; (b) the name of the institution that disclosed it; (c) the name or position of the head of the recipient institution — or of the person designated by the head — who received the information; (d) the date on which it was received by the recipient
institution;
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Chapter 13: National Security Act, 2017 PART 5 Security of Canada Information Sharing Act Amendments to the Act Sections 119-120
(e) whether the information has been destroyed or returned under subsection 5.1(1); (f) if the information has been destroyed under subsection 5.1(1), the date on which it was destroyed; (g) if the information was returned under subsection 5.1(1) to the institution that disclosed it, the date on which it was returned; and (h) any other information specified by the regulations. 2 Section 9 of the Act is amended by adding the following after subsection (2):
Copy to National Security and Intelligence Review Agency (3) Within 30 days after the end of each calendar year, every Government of Canada institution that disclosed information under section 5 during the year and every Government of Canada institution that received such information must provide the National Security and Intelligence Review Agency with a copy of every record it prepared under subsection (1) or (2), as the case may be, with respect to the information. 120 (1) Paragraphs 10(1)(b) and (c) of the Act are
replaced by the following: (b) specifying information for the purposes of paragraph 9(1)(f) or (2)(f); and (c) respecting the manner in which records that are
required by subsection 9(1) or (2) are to be prepared and kept and specifying the period during which they are to be kept. (2) Subsection 10(3) of the Act is replaced by the
following: Amendments to Schedule 3 (3) The Governor in Council may make an order adding the name of a Government of Canada institution and the title of its head to Schedule 3, deleting the name of an institution and the title of its head from that Schedule or amending the name of an institution or the title of a head that is listed in that Schedule. An addition is authorized only if the institution has jurisdiction or responsibilities under an Act of Parliament or another lawful authority in respect of activities that undermine the security of Canada.
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Chapter 13: National Security Act, 2017 PART 5 Security of Canada Information Sharing Act Consequential Amendments Sections 121-124
Consequential Amendments R.S., c. E-15
Excise Tax Act 121 The portion of subsection 295(5.05) of the Excise Tax Act before paragraph (a) is replaced by the following: Threats to security (5.05) An official may provide to the head of a recipient
Government of Canada institution listed in Schedule 3 to the Security of Canada Information Disclosure Act, or to an official designated for the purposes of that Act by the head of that recipient institution,
R.S., c. F-15
Department of Fisheries and Oceans Act 122 Paragraph 4(3)(a) of the Department of Fisheries and Oceans Act is replaced by the following: (a) relates to an activity that undermines the security of Canada, as defined in subsection 2(1) of the Security of Canada Information Disclosure Act; and
R.S., c. 1 (2nd Supp.)
Customs Act 123 Paragraph 107(4)(i) of the English version of the Customs Act is replaced by the following: (i) is disclosed in accordance with the Security of Canada Information Disclosure Act. R.S., c. 1 (5th Supp.)
Income Tax Act 124 The portion of subsection 241(9) of the Income Tax Act before paragraph (a) is replaced by the following:
Threats to security (9) An official may provide to the head of a recipient Government of Canada institution listed in Schedule 3 to the Security of Canada Information Disclosure Act, or to an official designated for the purposes of that Act by the head of that recipient institution,
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Chapter 13: National Security Act, 2017 PART 5 Security of Canada Information Sharing Act Consequential Amendments Chemical Weapons Convention Implementation Act Sections 125-127
1995, c. 25
Chemical Weapons Convention Implementation Act 125 Paragraph 17(3)(c) of the English version of the Chemical Weapons Convention Implementation Act is replaced by the following: (c) in the case where the information or documents
are disclosed in accordance with the Security of Canada Information Disclosure Act. 2002, c. 22
Excise Act, 2001 126 The portion of subsection 211(6.5) of the Excise Act, 2001 before paragraph (a) is replaced by the following:
Threats to security (6.5) An official may provide to the head of a recipient
Government of Canada institution listed in Schedule 3 to the Security of Canada Information Disclosure Act, or to an official designated for the purposes of that Act by the head of that recipient institution,
PART 6 2015, c. 20, s. 11
Secure Air Travel Act Amendments to the Act 127 Subsection 6(2) of the Secure Air Travel Act is replaced by the following:
Duty to provide information to Minister (2) An air carrier must provide to the Minister within any time and in any manner that may be prescribed by regulation, the following information about each person who is on board or expected to be on board an aircraft for any flight prescribed by regulation, if that information is in the air carrier’s control: (a) their surname, first name and middle names; (b) their date of birth;
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Chapter 13: National Security Act, 2017 PART 6 Secure Air Travel Act Amendments to the Act Sections 127-128
(c) their gender; and (d) any other information that is prescribed by regulation. Deemed fulfilment of duty (3) If the information that an air carrier is required to
provide under subsection (2) is provided to the Minister by an operator of an aviation reservation system, within any time and in any manner that may be prescribed for the purpose of that subsection, the air carrier is deemed to have provided that information to the Minister under that subsection.
Duty to provide information on request (4) An air carrier or an operator of an aviation reservation system, as the case may be, must provide to the Minister or the Minister of Transport, or to any person or entity referred to in any of paragraphs 10(b) to (f) who is prescribed by regulation, the information that is requested by that Minister, person or entity about any person who is on board or expected to be on board an aircraft for any flight prescribed by regulation, if the information is in the air carrier’s or operator’s control. Limitation — Minister and Minister of Transport (5) The Minister or the Minister of Transport may request, under subsection (4), only information that is set out in the schedule to the Aeronautics Act or is prescribed by regulation, and he or she may request that information only in respect of a listed person or a person who he or she has reason to believe is a listed person.
Limitation — other persons or entities (6) Any person or entity referred to in any of paragraphs
10(b) to (f) who is prescribed by regulation may request, under subsection (4), only information that is set out in the schedule to the Aeronautics Act or is prescribed by regulation, and they may request that information only in respect of a listed person or a person who they have reason to believe is a listed person and only if the information is to be used for the purpose of assisting the Minister in the administration and enforcement of this Act.
128 The Act is amended by adding the following after section 7:
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Chapter 13: National Security Act, 2017 PART 6 Secure Air Travel Act Amendments to the Act Sections 128-130
Exemption power — urgent situations, etc. 7.1 (1) The Minister may, by order, on any terms that
may be specified in the order, exempt an air carrier or a class of air carriers from the application of subsection 6(2) or of a provision of the regulations with respect to any flight specified in the order if, in his or her opinion, (a) the urgency of a situation or circumstances beyond
the air carrier’s control would make it difficult for it to comply with that subsection or provision; and (b) the exemption is not likely to adversely affect
transportation security. Exemption from Statutory Instruments Act (2) An order made under subsection (1) is exempt from the application of the Statutory Instruments Act.
Exemption power — tests 7.2 The Minister may, by order, for any period and on
any terms that may be specified in the order, exempt an air carrier or a class of air carriers from the application of a provision of the regulations to allow for the conduct of tests, including tests of new kinds of technologies and tests of alternative measures to those set out in the provision, so as to allow him or her to determine whether any changes to the regulations are required as a result, if, in his or her opinion, the exemption is not likely to adversely affect transportation security. 129 (1) The portion of subsection 8(1) of the Act before paragraph (a) is replaced by the following:
List 8 (1) The Minister may establish a list on which is placed the surname, first name and middle names, any alias, the date of birth and the gender of any person, and any other information that is prescribed by regulation that serves to identify the person, if the Minister has reasonable grounds to suspect that the person will (2) Section 8 of the Act is amended by adding the following after subsection (3):
Exemption from Statutory Instruments Act (4) The list is exempt from the application of the Statutory Instruments Act. 130 Sections 11 and 12 of the Act are replaced by
the following:
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Chapter 13: National Security Act, 2017 PART 6 Secure Air Travel Act Amendments to the Act Section 130
Pre-flight verification of identity 10.1 The Minister may, for the purpose of issuing a
unique identifier to a person to assist with the verification of their identity before a flight, collect any personal information that they provide. Identification of listed persons 10.2 The Minister may, for the purpose of identifying
listed persons who are on board or expected to be on board an aircraft, (a) collect the information that is provided under subsection 6(2) or deemed to have been provided under subsection 6(3); and (b) collect the information that is provided under subsection 6(4). Disclosure of information provided under subsection 6(2) 10.3 (1) The Minister may disclose information that is
provided under subsection 6(2) or deemed to have been provided under subsection 6(3) (a) for the purpose of obtaining assistance in identifying listed persons who are on board or expected to be on board an aircraft, if the information relates to a person who the Minister has reason to believe is a listed person; and (b) for the purpose of complying with a subpoena or
document issued or order made by a court, person or body with jurisdiction to compel the production of information or with rules of court relating to the production of information.
Listed persons (2) Subject to section 12, the Minister may, for the purpose of ensuring transportation security or preventing the travel referred to in paragraph 8(1)(b), disclose information that is provided under subsection 6(2) or deemed to have been provided under subsection 6(3), if the information relates to a listed person.
Disclosure of other information 11 Subject to section 12, the Minister may, for the purpose of ensuring transportation security or preventing the travel referred to in paragraph 8(1)(b), disclose information that is obtained in the exercise or performance of his or her powers, duties or functions under this Act, other than information that is provided under subsection
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Chapter 13: National Security Act, 2017 PART 6 Secure Air Travel Act Amendments to the Act Sections 130-134
6(2) or deemed to have been provided under subsection 6(3). Foreign states 12 The Minister may enter into a written arrangement with the government of a foreign state, an institution of such a government or an international organization relating to the disclosure of any information that he or she is, under subsection 10.3(2) or section 11, permitted to disclose, and may disclose the list, in whole or in part, to the state, institution or organization only in accordance with the arrangement. 131 The Act is amended by adding the following after section 12:
Disclosure to parent 12.1 The Minister may disclose to a child’s parent, or to
a child’s guardian or tutor if they have the rights and responsibilities of a parent in relation to the child, that the child is not a listed person. 132 Paragraph 13(b) of the Act is replaced by the following: (b) collect from air carriers and operators of aviation
reservation systems any information that is provided under subsection 6(4); 133 Section 14 of the Act is replaced by the following: Canada Border Services Agency 14 The Canada Border Services Agency may assist the
Minister in the administration and enforcement of this Act, including by disclosing to him or her and to any other person or entity referred to in section 10 information that is collected from air carriers and operators of aviation reservation systems in respect of a listed person or of a person about whom the Minister or the Minister of Transport has informed that Agency that he or she has reason to believe that the person is a listed person. 134 Subsection 15(6) of the Act is replaced by the following:
Deemed decision (6) If the Minister does not make a decision in respect of
the application within a period of 120 days after the day on which the application is received — or within a further period of 120 days, if the Minister does not have sufficient information to make a decision and he or she notifies the applicant of the extension within the first 120-day
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Chapter 13: National Security Act, 2017 PART 6 Secure Air Travel Act Amendments to the Act Sections 134-136
period — the Minister is deemed to have decided to remove the applicant’s name from the list. 135 Subsection 16(2) of the Act is replaced by the
following: Application (2) A listed person who has been denied transportation
as a result of a direction made under section 9 may appeal a decision referred to in section 15 to a judge within 60 days after the day on which the notice of the decision referred to in subsection 15(5) is received. 136 Sections 18 and 19 of the Act are replaced by
the following: Information destruction — Minister 18 (1) Despite any other Act of Parliament, including
the Access to Information Act and the Privacy Act, the Minister must, within seven days after the day on which a flight prescribed by regulation departs or, if the flight is cancelled, within seven days after the day on which it is cancelled, destroy any document or record containing the following information about a person who is or was on board or was expected to be on board an aircraft for the flight, unless that information is reasonably required for the purposes of this Act: (a) any information that is provided to the Minister under subsection 6(2) or is deemed to have been provided to the Minister under subsection 6(3); (b) any information that is provided to the Minister under subsection 6(4); and (c) any information that is disclosed to the Minister under paragraph 13(d), if that information was originally provided to the Minister of Transport under subsection 6(4).
Information destruction — Minister of Transport, etc. (2) Despite any other Act of Parliament, including the Access to Information Act and the Privacy Act, the Minister of Transport and any person or entity who is prescribed by regulation for the purpose of subsection 6(4) must, within seven days after the day on which a flight prescribed by regulation departs or, if the flight is cancelled, within seven days after the day on which it is cancelled, destroy any document or record containing information about a person who is or was on board or was expected to be on board an aircraft for the flight that is provided to that Minister, person or entity under subsection
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Chapter 13: National Security Act, 2017 PART 6 Secure Air Travel Act Amendments to the Act Sections 136-137
6(4), unless that information is reasonably required for the purposes of this Act.
Information destruction — section 10 persons and entities (3) Despite any other Act of Parliament, including the Access to Information Act and the Privacy Act, the Minister and any other person or entity referred to in section 10 must, within seven days after the day on which a flight prescribed by regulation departs or, if the flight is cancelled, within seven days after the day on which it is cancelled, destroy any document or record containing any of the following information about a person who is or was on board or was expected to be on board an aircraft for the flight that is disclosed to that Minister, person or entity under section 10, unless that information is reasonably required for the purposes of this Act: (a) information that was originally provided to the Minister under subsection 6(2) or is deemed to have been provided to the Minister under subsection 6(3); and (b) information that was originally provided to the
Minister, the Minister of Transport or any other person or entity under subsection 6(4).
Rights preserved 19 For greater certainty, nothing in this Act limits or
prohibits the collection, use, disclosure or retention of any information if that collection, use, disclosure or retention is otherwise lawful. 137 (1) Subsection 20(1) of the Act is replaced by the following:
Prohibition — list 20 (1) It is prohibited to disclose the list, except as required for the purposes of sections 10, 11, 12 and 13. (2) The portion of subsection 20(2) of the French
version of the Act before paragraph (a) is replaced by the following: Interdiction — général (2) Il est interdit de communiquer le fait qu’une personne est, a été, n’est pas ou n’a pas été une personne inscrite, sauf : (3) Paragraph 20(2)(a) of the Act is replaced by
the following: (a) for the purposes of sections 10 and 10.3 to 16;
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Chapter 13: National Security Act, 2017 PART 6 Secure Air Travel Act Amendments to the Act Sections 137-139
(4) Subsection 20(2) of the Act is amended by striking out “or” at the end of paragraph (c), by adding “or” at the end of paragraph (d) and by adding the following after paragraph (d): (e) if the Minister has disclosed under section 12.1 that the individual is not a listed person, in the case where anyone further discloses that information.
(5) The portion of subsection 20(3) of the French
version of the Act before paragraph (a) is replaced by the following: Interdiction — transporteur aérien (3) Malgré le paragraphe (2), il est interdit à tout transporteur aérien et à tout exploitant de systèmes de réservation de services aériens de communiquer tout renseignement relatif à une personne inscrite ou le fait qu’une personne est, a été, n’est pas ou n’a pas été une personne inscrite, sauf : (6) Paragraph 20(3)(a) of the Act is replaced by the following: (a) for the purposes of sections 6 and 30; (7) Subsection 20(3) of the Act is amended by
adding “or” at the end of paragraph (b) and by adding the following after that paragraph: (c) if the Minister has disclosed under section 12.1 that the individual is not a listed person, in the case where anyone further discloses that information.
138 Paragraph 32(b) of the Act is replaced by the
following: (b) respecting the use and protection of directions
made under section 9 and the use and protection of information that is provided by the Minister or the Minister of Transport to air carriers and to operators of aviation reservation systems;
Transitional Provision Continued application 139 Subsection 15(6) of the Secure Air Travel
Act, as it read immediately before the day on which this section comes into force, continues to apply in respect of any application made under subsection 15(1) of that Act before that day.
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Chapter 13: National Security Act, 2017 PART 7 Criminal Code Sections 140-141
PART 7 R.S., c. C-46
Criminal Code Amendments to the Act 140 Paragraph (f) of the definition Attorney General in section 2 of the Criminal Code is replaced by the following: (f) with respect to proceedings under section 83.13,
83.14, 83.222, 83.223 or 83.3, means either the Attorney General of Canada or the Attorney General or Solicitor General of the province in which those proceedings are taken and includes the lawful deputy of any of them, and 141 (1) Paragraph 83.05(1)(b) of the Act is replaced by the following: (b) the entity has knowingly acted on behalf of, at the
direction of or in association with an entity referred to in paragraph (a). (2) Subsections 83.05(2) and (3) of the Act are replaced by the following: Amendment to name of listed entity (1.2) The Minister may, by regulation, (a) change the name of a listed entity, or add to the list any other name by which a listed entity may also be or have been known, if the Minister has reasonable grounds to believe that the listed entity is using a name that is not on the list; and (b) delete from the list any other name by which a listed entity may also have been known, if the entity is no longer using that name.
Application to Minister (2) On application in writing by a listed entity to be removed from the list, the Minister shall decide whether the applicant should remain a listed entity or whether the Minister should recommend to the Governor in Council that the applicant be removed from the list, taking into account the grounds set out in subsection (1).
Deeming (3) If the Minister does not make a decision on the application referred to in subsection (2) within 90 days after receipt of the application, or within any longer period that may be agreed to in writing by the Minister and the
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Chapter 13: National Security Act, 2017 PART 7 Criminal Code Amendments to the Act Section 141
applicant, the Minister is deemed to have decided that the applicant should remain a listed entity. (3) Paragraph 83.05(6)(a) of the Act is replaced by the following: (a) examine, in private, any security or criminal intelligence reports considered in the making of the decision on whether the applicant should remain a listed entity and hear any other evidence or information that may be presented by or on behalf of the Minister and may, at his or her request, hear all or part of that evidence or information in the absence of the applicant and any counsel representing the applicant, if the judge is of the opinion that the disclosure of the information would injure national security or endanger the safety of any person; (4) Subsections 83.05(8) to (10) of the Act are replaced by the following: New application (8) A listed entity may not make another application under subsection (2) except if, since the time when the entity made its last application, (a) there has been a material change in its circumstances; or (b) the Minister has completed a review under subsection (8.1) with respect to that entity.
Review — listed entity (8.1) The Minister shall review whether there are still reasonable grounds, as set out in subsection (1), for an entity to be a listed entity and make a recommendation to the Governor in Council as to whether the entity should remain a listed entity (a) within five years after (i) the day on which this subsection comes into force, if the entity is a listed entity on that day, or (ii) the day on which the entity is added to the list, if the entity is added to the list after the day on which this subsection comes into force; and (b) subsequently, within five years after the most recent recommendation made under this subsection with respect to the entity.
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Chapter 13: National Security Act, 2017 PART 7 Criminal Code Amendments to the Act Sections 141-145
Validity (9) Reviews undertaken under subsection (8.1) do not affect the validity of the list.
Publication (10) The Minister shall cause notice of the results of every review of a listed entity undertaken under subsection (8.1) to be published in the Canada Gazette within five years after the review is completed. 142 Section 83.07 of the Act is replaced by the following: Mistaken identity 83.07 (1) An entity whose name is the same as or similar to a name, appearing on the list, of a listed entity and who claims not to be that listed entity may apply in writing to the Minister of Public Safety and Emergency Preparedness for a certificate stating that it is not that listed entity. Issuance of certificate (2) The Minister shall, within 30 days after receiving the application, issue a certificate if he or she is satisfied that the applicant is not that listed entity. 143 Section 83.221 of the Act is replaced by the
following: Counselling commission of terrorism offence 83.221 (1) Every person who counsels another person
to commit a terrorism offence without identifying a specific terrorism offence is guilty of an indictable offence and is liable to imprisonment for a term of not more than five years. Application (2) An offence may be committed under subsection (1) whether or not a terrorism offence is committed by the person who is counselled. 144 The definition terrorist propaganda in subsection 83.222(8) of the Act is replaced by the following:
terrorist propaganda means any writing, sign, visible representation or audio recording that counsels the commission of a terrorism offence. (propagande terroriste)
145 The heading before section 83.28 and sections 83.28 and 83.29 of the Act are repealed.
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Chapter 13: National Security Act, 2017 PART 7 Criminal Code Amendments to the Act Sections 146-148
146 (1) Paragraph 83.3(2)(b) of the Act is replaced
by the following: (b) suspects on reasonable grounds that the imposition of a recognizance with conditions on a person, or the arrest of a person, is necessary to prevent the carrying out of the terrorist activity. (2) The portion of subsection 83.3(4) of the French version of the Act before paragraph (a) is replaced by the following:
Arrestation sans mandat (4) Par dérogation aux paragraphes (2) et (3), l’agent de la paix, s’il a des motifs raisonnables de soupçonner que la mise sous garde de la personne est nécessaire pour empêcher qu’une activité terroriste ne soit entreprise, peut, sans mandat, arrêter la personne et la faire mettre sous garde en vue de la conduire devant un juge de la cour provinciale en conformité avec le paragraphe (6) dans l’un ou l’autre des cas suivants : (3) Paragraph 83.3(4)(b) of the English version of the Act is replaced by the following: (b) the peace officer suspects on reasonable grounds that the detention of the person in custody is necessary to prevent a terrorist activity. 147 Subsections 83.31(1) and (1.1) of the Act are
repealed. 148 (1) Subsections 83.32(1) to (2) of the Act are
replaced by the following: Sunset provision 83.32 (1) Section 83.3 ceases to have effect at the end of
the fifth anniversary of the day on which the National Security Act, 2017 receives royal assent unless, before the end of that fifth anniversary, the operation of that section is extended by resolution — whose text is established under subsection (2) — passed by both Houses of Parliament in accordance with the rules set out in subsection (3). Review (1.1) A comprehensive review of section 83.3 and its operation shall be undertaken by any committee of the Senate, of the House of Commons or of both Houses of Parliament that may be designated or established by the Senate or the House of Commons, or by both Houses of Parliament, as the case may be, for that purpose.
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Chapter 13: National Security Act, 2017 PART 7 Criminal Code Amendments to the Act Sections 148-151
Report (1.2) The committee shall, no later than one year before the fifth anniversary referred to subsection (1), submit a report on the review to the appropriate House of Parliament, or to both Houses, as the case may be, including its recommendation with respect to extending the operation of section 83.3.
Order in council (2) The Governor in Council may, by order, establish the
text of a resolution that provides for the extension of the operation of section 83.3 and that specifies the period of the extension, which may not exceed five years from the first day on which the resolution has been passed by both Houses of Parliament. (2) Subsections 83.32(4) and (5) of the Act are replaced by the following:
Subsequent extensions (4) The operation of section 83.3 may be further extended in accordance with this section, but (a) the reference to “at the end of the fifth anniversary
of the day on which the National Security Act, 2017 receives royal assent unless, before the end of that fifth anniversary” in subsection (1) is to be read as a reference to “on the expiry of the most recent extension under this section unless, before that extension expires”; and (b) the reference to “the fifth anniversary referred to subsection (1)” in subsection (1.2) is to be read as a reference to “the expiry of the most recent extension under this section”. 149 Subsection 83.33(1) of the Act is repealed. 150 Subparagraph (a)(xii.81) of the definition offence in section 183 of the Act is replaced by the following: (xii.81) section 83.221 (counselling commission of terrorism offence), 151 Subsection 486.6(1) of the Act is replaced by
the following: Offence 486.6 (1) Every person who fails to comply with an order made under any of subsections 486.4(1) to (3) or subsection 486.5(1) or (2) is guilty of an offence punishable on summary conviction.
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Chapter 13: National Security Act, 2017 PART 7 Criminal Code Amendments to the Act Sections 152-156
152 Subparagraph (a.1)(i.091) of the definition
primary designated offence in section 487.04 of the Act is replaced by the following: (i.091) section 83.221 (counselling commission of terrorism offence), 153 Section 810.011 of the Act is amended by adding the following after subsection (14):
Annual report (15) Each year, the Attorney General of Canada shall
prepare and cause to be laid before each House of Parliament a report setting out the number of recognizances entered into under this section in the previous year. 154 The Act is amended by adding the following after section 810.4:
Orders under sections 486 to 486.5 and 486.7 810.5 (1) Sections 486 to 486.5 and 486.7 apply, with
any necessary modifications, to proceedings under any of sections 83.3 and 810 to 810.2. Offence — order restricting publication (2) Every person who fails to comply with an order made
under any of subsections 486.4(1) to (3) or subsection 486.5(1) or (2) in proceedings referred to in subsection (1) is guilty of an offence under section 486.6.
Transitional Provisions Continued application 155 Paragraph 83.05(1)(b) and subsection 83.05(3)
of the Criminal Code, as they read immediately before the day on which section 141 of this Act comes into force, continue to apply with respect to an application made before that day under subsection 83.05(2) of that Act. Proceedings continued 156 Proceedings commenced under sections 83.28 and 83.29 of the Criminal Code, as they read before the day on which section 145 comes into force, are to be completed under those sections 83.28 and 83.29 if the hearing of the application made under subsection 83.28(2) began before that day.
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Chapter 13: National Security Act, 2017 PART 7 Criminal Code Transitional Provisions Sections 157-159
No report for year before coming into force 157 No report is to be prepared under subsection 810.011(15) of the Criminal Code with respect to the year that precedes the coming into force of that subsection.
Section 83.3 of the Criminal Code Application 157.1 If section 83.3 of the Criminal Code has ceased to have effect in accordance with section 83.32 of that Act before the day on which this section comes into force, then that section 83.3 becomes effective again as of the day on which this section comes into force and sections 146 and 148 of this Act apply in respect of that section 83.3. 1992, c. 20
Consequential Amendment to the Corrections and Conditional Release Act 158 Paragraph (a.92) of section 1 of Schedule I to
the Corrections and Conditional Release Act is replaced by the following: (a.92) section 83.221 (counselling commission of terrorism offence);
PART 8 2002, c. 1
Youth Criminal Justice Act 159 Subsection 14(2) of the Youth Criminal Justice Act is replaced by the following:
Orders (2) A youth justice court has exclusive jurisdiction to make orders against a young person under sections 83.3 (recognizance — terrorist activity), 810 (recognizance — fear of injury or damage), 810.01 (recognizance — fear of certain offences), 810.011 (recognizance — fear of terrorism offence), 810.02 (recognizance — fear of forced marriage or marriage under age of 16 years) and 810.2 (recognizance — fear of serious personal injury offence) of the Criminal Code and the provisions of this Act apply, with
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Chapter 13: National Security Act, 2017 PART 8 Youth Criminal Justice Act Sections 159-163
any modifications that the circumstances require. If the young person fails or refuses to enter into a recognizance referred to in any of those sections, the court may impose any one of the sanctions set out in subsection 42(2) (youth sentences) except that, in the case of an order under paragraph 42(2)(n) (custody and supervision order), it shall not exceed 30 days. 160 Subsection 20(2) of the Act is replaced by the following:
Orders under section 810 of Criminal Code (2) Despite subsection 14(2), a justice has jurisdiction to make an order under section 810 (recognizance — fear of injury or damage) of the Criminal Code in respect of a young person. If the young person fails or refuses to enter into a recognizance referred to in that section, the justice shall refer the matter to a youth justice court.
161 (1) Paragraph 25(3)(a) of the Act is replaced by the following: (a) at a hearing at which it will be determined whether to release the young person or detain the young person in custody, (a.1) at a hearing held in relation to an order referred to in subsection 14(2) or 20(2), (2) The portion of subsection 25(6) of the Act before paragraph (a) is replaced by the following:
Release hearing before justice (6) When a young person, at a hearing referred to in
paragraph (3)(a) or (a.1) that is held before a justice who is not a youth justice court judge, wishes to obtain counsel but is unable to do so, the justice shall 162 The heading before section 28 of the Act is replaced by the following:
Detention and Release 163 Subsection 29(1) of the Act is replaced by the
following: Detention as social measure prohibited 29 (1) A youth justice court judge or a justice shall not detain a young person in custody as a substitute for appropriate child protection, mental health or other social measures.
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Chapter 13: National Security Act, 2017 PART 8 Youth Criminal Justice Act Sections 164-167
164 Subsection 30(1) of the Act is replaced by the following:
Designated place of temporary detention 30 (1) Subject to subsection (7), a young person who is detained in custody in relation to any proceedings against the young person shall be detained in a safe, fair and humane manner in any place of temporary detention that may be designated by the lieutenant governor in council of the province or his or her delegate or in a place within a class of places so designated.
165 The heading before section 33 of the Act is replaced by the following:
Application for Release from or Detention in Custody 166 (1) Paragraph 67(1)(c) of the Act is replaced
by the following: (c) the young person is charged with first or second
degree murder within the meaning of section 231 of the Criminal Code; or (2) Paragraph 67(3)(c) of the Act is replaced by the following: (c) the young person is charged with first or second
degree murder within the meaning of section 231 of the Criminal Code; or 167 (1) Subsection 119(1) of the Act is amended by adding the following after paragraph (p): (p.1) an employee of a department or agency of the
Government of Canada, for the purpose of administering the Canadian Passport Order; (2) Subsection 119(2) of the Act is amended by adding the following after paragraph (d): (d.1) if an order referred to in subsection 14(2) or 20(2) is made against a young person, the period ending six months after the expiry of the order;
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Chapter 13: National Security Act, 2017 PART 9 Review Section 168
PART 9
Review Duty to undertake review 168 (1) During the fourth year after this section
comes into force, a comprehensive review of the provisions and operation of this Act must be undertaken by the committee of the Senate, of the House of Commons or of both Houses of Parliament, that is designated or established for that purpose. Subjects of review (1.1) The comprehensive review referred to in
subsection (1) must include an assessment of the effect of this Act on the operations of the Canadian Security Intelligence Service, the Royal Canadian Mounted Police and the Communications Security Establishment that relate to national security, information sharing, and the interaction of those organizations with the National Security and Intelligence Review Agency, the Intelligence Commissioner and the National Security and Intelligence Committee of Parliamentarians.
Report (2) The committee must, within one year after
the review is undertaken — or within any further period that the Senate, the House of Commons or both Houses of Parliament, as the case may be, authorizes — submit a report on the review to the appropriate House or, in the case of a committee of both Houses, to each House, that includes a statement of any changes that the committee recommends. Bill C-22 (3) Subsections (4) and (5) apply if Bill C-22, introduced in the 1st session of the 42nd Parliament and entitled the National Security and Intelligence Committee of Parliamentarians Act (in this section referred to as the “other Act”), receives royal assent.
Reviews by same committees (4) If section 34 of the other Act comes into force during the period that begins on the day on which this section comes into force and ends immediately before the first anniversary of that day, then
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Chapter 13: National Security Act, 2017 PART 9 Review Sections 168-171
(a) the review required by subsection (1) is, despite that subsection (1), to be undertaken five years after the day on which section 34 of the other Act comes into force, and (b) the review required by subsection (1) and the review required by section 34 of the other Act are to be undertaken by the same committee or committees, as the case may be.
Reviews by same committees (5) If section 34 of the other Act has come into force during the year immediately preceding the day on which this section comes into force, then (a) the review required by section 34 of the other Act is, despite that section, to be undertaken during the sixth year after the day on which subsection (1) comes into force; and (b) the review required by subsection (1) and the review required by section 34 of the other Act are to be undertaken by the same committee or committees, as the case may be.
PART 10
Coming into Force Order in council 169 Parts 1 and 2, other than sections 48, 49, 74
and 75, come into force on a day to be fixed by order of the Governor in Council. Order in council 169.1 Part 1.1, other than section 49.2, comes into force on a day to be fixed by order of the Governor in Council.
Order in council 170 Part 3, other than sections 83, 90 and 91, come
into force on a day to be fixed by order of the Governor in Council, but that day must be later than the day fixed under section 169. Order in council 171 (1) Sections 94, 96, 97, 102, 107 and 108 and the provisions enacted by them and sections 110 and 111 come into force on a day or days to be fixed by order of the Governor in Council.
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Chapter 13: National Security Act, 2017 PART 10 Coming into Force Sections 171-173
Order in council (2) Section 101 comes into force on a day to be fixed by order of the Governor in Council, but that day must not be earlier than the day fixed under section 169.
Order in council 172 Subsections 119(2) and 120(2) come into force
on the day fixed under section 169. Order in council 173 (1) Sections 127, 130, 132, 133 and 136, subsections 137(1), (3) and (6) and section 138 come into force on a day to be fixed by order of the Governor in Council. Order in council (2) Section 128, subsection 129(1), sections 131, 134
and 135, subsections 137(2), (4), (5) and (7) and section 139 come into force on a day to be fixed by order of the Governor in Council. August 1, 2015 (3) Subsection 129(2) is deemed to have come into
force on August 1, 2015.
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Chapter 13: National Security Act, 2017 SCHEDULE
SCHEDULE (Section 49.1)
SCHEDULE (Section 4)
Deputy Heads to Whom Directions Have Been Issued
Published under authority of the Speaker of the House of Commons 2015-2016-2017-2018-2019
Disponible sur le site Web de la Chambre des comm
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First Session, Forty-second Parliament, 64-65-66-67-68 Elizabeth II, 2015-2016-2017-2018-2019
STATUTES OF CANADA 2019
CHAPTER 12
An Act to implement a multilateral convention to implement tax treaty related measures to prevent base erosion and profit shifting
ASSENTED TO JUNE 21, 2019 BILL C-82
SUMMARY This enactment implements a multilateral instrument in respect of conventions for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income. The multilateral instrument is an international treaty developed as part of the G20 and OECD’s project to tackle base erosion and profit shifting (BEPS). The purpose of the multilateral instrument is to modify, in their application, tax conventions between two or more parties to the multilateral instrument so as to further the objectives of the tax convention. The multilateral instrument operates alongside tax conventions to modify them in their application; it does not directly modify the text of the tax conventions. The multilateral instrument will apply to a Canadian bilateral double tax convention only if both parties to the convention notify the depositary that the convention is intended to be covered by the multilateral instrument. The Secretary-General of the OECD is the depositary of the multilateral instrument. The implementation of the multilateral instrument requires the enactment of this Act.
i
64-65-66-67-68 ELIZABETH II
CHAPTER 12
An Act to implement a multilateral convention to implement tax treaty related measures to prevent base erosion and profit shifting
[Assented to 21st June, 2019] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Short title 1 This Act may be cited as the Multilateral Instrument in Respect of Tax Conventions Act.
Definition of multilateral instrument 2 In this Act, multilateral instrument means the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting set out in the schedule.
Multilateral instrument approved 3 The multilateral instrument is approved and has the force of law in Canada during the period that the multilateral instrument, by its terms, is in force for Canada.
Inconsistent laws — general rule 4 (1) Subject to subsection (2), in the event of any inconsistency between the provisions of this Act or the multilateral instrument and the provisions of any other law, the provisions of this Act and the multilateral instrument prevail to the extent of the inconsistency. Inconsistent laws — exception (2) In the event of any inconsistency between the provisions of the multilateral instrument and the provisions of the Income Tax Conventions Interpretation Act, the provisions of that Act prevail to the extent of the inconsistency.
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Chapter 12: Multilateral Instrument in Respect of Tax Conventions Act Sections 5-6
Regulations 5 The Minister of National Revenue may make any regulations that are necessary for carrying out the multilateral instrument or for giving effect to any of its provisions. Notifications 6 The Minister of Finance must cause to be published in
the Canada Gazette (a) on or before the 60th day following the day on
which the multilateral instrument enters into force for Canada, a notice of the day on which the multilateral instrument so entered into force; and (b) on or before the 60th day following the day on
which Canada withdraws from the multilateral instrument, a notice of withdrawal and the date on which it takes effect.
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SCHEDULE (Section 2)
Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting
The Parties to this Convention, Recognising that governments lose substantial corporate tax revenue because of aggressive international tax planning that has the effect of artificially shifting profits to locations where they are subject to non-taxation or reduced taxation;
Mindful that base erosion and profit shifting (hereinafter referred to as “BEPS”) is a pressing issue not only for industrialised countries but also for emerging economies and developing countries; Recognising the importance of ensuring that profits are taxed where substantive economic activities generating the profits are carried out and where value is created; Welcoming the package of measures developed under the OECD/G20 BEPS project (hereinafter referred to as the “OECD/G20 BEPS package”); Noting that the OECD/G20 BEPS package included tax treaty-related measures to address certain hybrid mismatch arrangements, prevent treaty abuse, address artificial avoidance of permanent establishment status, and improve dispute resolution; Conscious of the need to ensure swift, co-ordinated and consistent implementation of the treaty-related BEPS measures in a multilateral context; Noting the need to ensure that existing agreements for the avoidance of double taxation on income are interpreted to eliminate double taxation with respect to the taxes covered by those agreements without creating opportunities for non-taxation or reduced taxation through tax evasion or avoidance (including through treaty-shopping arrangements aimed at obtaining reliefs provided in those agreements for the indirect benefit of residents of third jurisdictions);
Recognising the need for an effective mechanism to implement agreed changes in a synchronised and efficient manner across the network of existing agreements for the avoidance of double taxation on income without the need to bilaterally renegotiate each such agreement;
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Have agreed as follows:
PART I
Scope and Interpretation of Terms Article 1 – Scope of the Convention This Convention modifies all Covered Tax Agreements as defined in subparagraph a) of paragraph 1 of Article 2 (Interpretation of Terms).
Article 2 – Interpretation of Terms 1 For the purpose of this Convention, the following definitions apply: a) The term “Covered Tax Agreement” means an agreement for the avoidance of double taxation with respect to taxes on income (whether or not other taxes are also covered): i) that is in force between two or more: A) Parties; and/or B) jurisdictions or territories which are parties to an agreement described above and for whose international relations a Party is responsible; and ii) with respect to which each such Party has made a notification to the Depositary listing the agreement as well as any amending or accompanying instruments thereto (identified by title, names of the parties, date of signature, and, if applicable at the time of the notification, date of entry into force) as an agreement which it wishes to be covered by this Convention. b) The term “Party” means: i) A State for which this Convention is in force pursuant to Article 34 (Entry into Force); or ii) A jurisdiction which has signed this Convention pursuant to subparagraph b) or c) of paragraph 1 of Article 27 (Signature and Ratification, Acceptance or Approval) and for which this Convention is in force pursuant to Article 34 (Entry into Force). c) The term “Contracting Jurisdiction” means a party to a Covered Tax Agreement. d) The term “Signatory” means a State or jurisdiction which has signed this Convention but for which the Convention is not yet in force. 2 As regards the application of this Convention at any time by a Party, any term not defined herein shall, unless the context otherwise requires, have the meaning that it has at that time under the relevant Covered Tax Agreement.
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PART II
Hybrid Mismatches Article 3 – Transparent Entities 1 For the purposes of a Covered Tax Agreement, income derived by or through an entity or arrangement that is treated as wholly or partly fiscally transparent under the tax law of either Contracting Jurisdiction shall be considered to be income of a resident of a Contracting Jurisdiction but only to the extent that the income is treated, for purposes of taxation by that Contracting Jurisdiction, as the income of a resident of that Contracting Jurisdiction. 2 Provisions of a Covered Tax Agreement that require a Contracting Jurisdiction to exempt from income tax or provide a deduction or credit equal to the income tax paid with respect to income derived by a resident of that Contracting Jurisdiction which may be taxed in the other Contracting Jurisdiction according to the provisions of the Covered Tax Agreement shall not apply to the extent that such provisions allow taxation by that other Contracting Jurisdiction solely because the income is also income derived by a resident of that other Contracting Jurisdiction. 3 With respect to Covered Tax Agreements for which one or more Parties has made the reservation described in subparagraph a) of paragraph 3 of Article 11 (Application of Tax Agreements to Restrict a Party’s Right to Tax its Own Residents), the following sentence will be added at the end of paragraph 1: “In no case shall the provisions of this paragraph be construed to affect a Contracting Jurisdiction’s right to tax the residents of that Contracting Jurisdiction.” 4 Paragraph 1 (as it may be modified by paragraph 3) shall apply in place of or in the absence of provisions of a Covered Tax Agreement to the extent that they address whether income derived by or through entities or arrangements that are treated as fiscally transparent under the tax law of either Contracting Jurisdiction (whether through a general rule or by identifying in detail the treatment of specific fact patterns and types of entities or arrangements) shall be treated as income of a resident of a Contracting Jurisdiction. 5 A Party may reserve the right: a) for the entirety of this Article not to apply to its Covered Tax Agreements; b) for paragraph 1 not to apply to its Covered Tax Agreements that already contain a provision described in paragraph 4; c) for paragraph 1 not to apply to its Covered Tax Agreements that already contain a provision described in paragraph 4 which denies treaty benefits in the case of income derived by or through an entity or arrangement established in a third jurisdiction; d) for paragraph 1 not to apply to its Covered Tax Agreements that already contain a provision described in
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paragraph 4 which identifies in detail the treatment of specific fact patterns and types of entities or arrangements; e) for paragraph 1 not to apply to its Covered Tax Agreements that already contain a provision described in paragraph 4 which identifies in detail the treatment of specific fact patterns and types of entities or arrangements and denies treaty benefits in the case of income derived by or through an entity or arrangement established in a third jurisdiction; f) for paragraph 2 not to apply to its Covered Tax Agreements; g) for paragraph 1 to apply only to its Covered Tax Agreements that already contain a provision described in paragraph 4 which identifies in detail the treatment of specific fact patterns and types of entities or arrangements.
6 Each Party that has not made a reservation described in subparagraph a) or b) of paragraph 5 shall notify the Depositary of whether each of its Covered Tax Agreements contains a provision described in paragraph 4 that is not subject to a reservation under subparagraphs c) through e) of paragraph 5, and if so, the article and paragraph number of each such provision. In the case of a Party that has made the reservation described in subparagraph g) of paragraph 5, the notification pursuant to the preceding sentence shall be limited to Covered Tax Agreements that are subject to that reservation. Where all Contracting Jurisdictions have made such a notification with respect to a provision of a Covered Tax Agreement, that provision shall be replaced by the provisions of paragraph 1 (as it may be modified by paragraph 3) to the extent provided in paragraph 4. In other cases, paragraph 1 (as it may be modified by paragraph 3) shall supersede the provisions of the Covered Tax Agreement only to the extent that those provisions are incompatible with paragraph 1 (as it may be modified by paragraph 3).
Article 4 – Dual Resident Entities 1 Where by reason of the provisions of a Covered Tax Agreement a person other than an individual is a resident of more than one Contracting Jurisdiction, the competent authorities of the Contracting Jurisdictions shall endeavour to determine by mutual agreement the Contracting Jurisdiction of which such person shall be deemed to be a resident for the purposes of the Covered Tax Agreement, having regard to its place of effective management, the place where it is incorporated or otherwise constituted and any other relevant factors. In the absence of such agreement, such person shall not be entitled to any relief or exemption from tax provided by the Covered Tax Agreement except to the extent and in such manner as may be agreed upon by the competent authorities of the Contracting Jurisdictions. 2 Paragraph 1 shall apply in place of or in the absence of provisions of a Covered Tax Agreement that provide rules for determining whether a person other than an individual shall be treated as a resident of one of the Contracting Jurisdictions in cases in which that person would otherwise be treated as a
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resident of more than one Contracting Jurisdiction. Paragraph 1 shall not apply, however, to provisions of a Covered Tax Agreement specifically addressing the residence of companies participating in dual-listed company arrangements. 3 A Party may reserve the right: a) for the entirety of this Article not to apply to its Covered Tax Agreements; b) for the entirety of this Article not to apply to its Covered Tax Agreements that already address cases where a person other than an individual is a resident of more than one Contracting Jurisdiction by requiring the competent authorities of the Contracting Jurisdictions to endeavour to reach mutual agreement on a single Contracting Jurisdiction of residence; c) for the entirety of this Article not to apply to its Covered Tax Agreements that already address cases where a person other than an individual is a resident of more than one Contracting Jurisdiction by denying treaty benefits without requiring the competent authorities of the Contracting Jurisdictions to endeavour to reach mutual agreement on a single Contracting Jurisdiction of residence; d) for the entirety of this Article not to apply to its Covered Tax Agreements that already address cases where a person other than an individual is a resident of more than one Contracting Jurisdiction by requiring the competent authorities of the Contracting Jurisdictions to endeavour to reach mutual agreement on a single Contracting Jurisdiction of residence, and that set out the treatment of that person under the Covered Tax Agreement where such an agreement cannot be reached; e) to replace the last sentence of paragraph 1 with the following text for the purposes of its Covered Tax Agreements: “In the absence of such agreement, such person shall not be entitled to any relief or exemption from tax provided by the Covered Tax Agreement.”; f) for the entirety of this Article not to apply to its Covered Tax Agreements with Parties that have made the reservation described in subparagraph e).
4 Each Party that has not made a reservation described in subparagraph a) of paragraph 3 shall notify the Depositary of whether each of its Covered Tax Agreements contains a provision described in paragraph 2 that is not subject to a reservation under subparagraphs b) through d) of paragraph 3, and if so, the article and paragraph number of each such provision. Where all Contracting Jurisdictions have made such a notification with respect to a provision of a Covered Tax Agreement, that provision shall be replaced by the provisions of paragraph 1. In other cases, paragraph 1 shall supersede the provisions of the Covered Tax Agreement only to the extent that those provisions are incompatible with paragraph 1.
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Article 5 – Application of Methods for Elimination of Double Taxation 1 A Party may choose to apply either paragraphs 2 and 3 (Option A), paragraphs 4 and 5 (Option B), or paragraphs 6 and 7 (Option C), or may choose to apply none of the Options. Where each Contracting Jurisdiction to a Covered Tax Agreement chooses a different Option (or where one Contracting Jurisdiction chooses to apply an Option and the other chooses to apply none of the Options), the Option chosen by each Contracting Jurisdiction shall apply with respect to its own residents.
Option A 2 Provisions of a Covered Tax Agreement that would otherwise exempt income derived or capital owned by a resident of a Contracting Jurisdiction from tax in that Contracting Jurisdiction for the purpose of eliminating double taxation shall not apply where the other Contracting Jurisdiction applies the provisions of the Covered Tax Agreement to exempt such income or capital from tax or to limit the rate at which such income or capital may be taxed. In the latter case, the firstmentioned Contracting Jurisdiction shall allow as a deduction from the tax on the income or capital of that resident an amount equal to the tax paid in that other Contracting Jurisdiction. Such deduction shall not, however, exceed that part of the tax, as computed before the deduction is given, which is attributable to such items of income or capital which may be taxed in that other Contracting Jurisdiction. 3 Paragraph 2 shall apply to a Covered Tax Agreement that would otherwise require a Contracting Jurisdiction to exempt income or capital described in that paragraph.
Option B 4 Provisions of a Covered Tax Agreement that would otherwise exempt income derived by a resident of a Contracting Jurisdiction from tax in that Contracting Jurisdiction for the purpose of eliminating double taxation because such income is treated as a dividend by that Contracting Jurisdiction shall not apply where such income gives rise to a deduction for the purpose of determining the taxable profits of a resident of the other Contracting Jurisdiction under the laws of that other Contracting Jurisdiction. In such case, the first-mentioned Contracting Jurisdiction shall allow as a deduction from the tax on the income of that resident an amount equal to the income tax paid in that other Contracting Jurisdiction. Such deduction shall not, however, exceed that part of the income tax, as computed before the deduction is given, which is attributable to such income which may be taxed in that other Contracting Jurisdiction. 5 Paragraph 4 shall apply to a Covered Tax Agreement that would otherwise require a Contracting Jurisdiction to exempt income described in that paragraph.
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Option C 6 a) Where a resident of a Contracting Jurisdiction derives income or owns capital which may be taxed in the other Contracting Jurisdiction in accordance with the provisions of a Covered Tax Agreement (except to the extent that these provisions allow taxation by that other Contracting Jurisdiction solely because the income is also income derived by a resident of that other Contracting Jurisdiction), the first-mentioned Contracting Jurisdiction shall allow: i) as a deduction from the tax on the income of that resident, an amount equal to the income tax paid in that other Contracting Jurisdiction; ii) as a deduction from the tax on the capital of that resident, an amount equal to the capital tax paid in that other Contracting Jurisdiction. Such deduction shall not, however, exceed that part of the income tax or capital tax, as computed before the deduction is given, which is attributable to the income or the capital which may be taxed in that other Contracting Jurisdiction. b) Where in accordance with any provision of the Covered Tax Agreement income derived or capital owned by a resident of a Contracting Jurisdiction is exempt from tax in that Contracting Jurisdiction, such Contracting Jurisdiction may nevertheless, in calculating the amount of tax on the remaining income or capital of such resident, take into account the exempted income or capital.
7 Paragraph 6 shall apply in place of provisions of a Covered Tax Agreement that, for purposes of eliminating double taxation, require a Contracting Jurisdiction to exempt from tax in that Contracting Jurisdiction income derived or capital owned by a resident of that Contracting Jurisdiction which, in accordance with the provisions of the Covered Tax Agreement, may be taxed in the other Contracting Jurisdiction. 8 A Party that does not choose to apply an Option under paragraph 1 may reserve the right for the entirety of this Article not to apply with respect to one or more identified Covered Tax Agreements (or with respect to all of its Covered Tax Agreements). 9 A Party that does not choose to apply Option C may reserve the right, with respect to one or more identified Covered Tax Agreements (or with respect to all of its Covered Tax Agreements), not to permit the other Contracting Jurisdiction(s) to apply Option C. 10 Each Party that chooses to apply an Option under paragraph 1 shall notify the Depositary of its choice of Option. Such notification shall also include: a) in the case of a Party that chooses to apply Option A, the list of its Covered Tax Agreements which contain a provision described in paragraph 3, as well as the article and paragraph number of each such provision; b) in the case of a Party that chooses to apply Option B, the list of its Covered Tax Agreements which contain a
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provision described in paragraph 5, as well as the article and paragraph number of each such provision; c) in the case of a Party that chooses to apply Option C, the list of its Covered Tax Agreements which contain a provision described in paragraph 7, as well as the article and paragraph number of each such provision. An Option shall apply with respect to a provision of a Covered Tax Agreement only where the Party that has chosen to apply that Option has made such a notification with respect to that provision.
PART III
Treaty Abuse Article 6 – Purpose of a Covered Tax Agreement 1 A Covered Tax Agreement shall be modified to include the following preamble text: “Intending to eliminate double taxation with respect to the taxes covered by this agreement without creating opportunities for non-taxation or reduced taxation through tax evasion or avoidance (including through treaty-shopping arrangements aimed at obtaining reliefs provided in this agreement for the indirect benefit of residents of third jurisdictions),”.
2 The text described in paragraph 1 shall be included in a Covered Tax Agreement in place of or in the absence of preamble language of the Covered Tax Agreement referring to an intent to eliminate double taxation, whether or not that language also refers to the intent not to create opportunities for non-taxation or reduced taxation. 3 A Party may also choose to include the following preamble text with respect to its Covered Tax Agreements that do not contain preamble language referring to a desire to develop an economic relationship or to enhance co-operation in tax matters: “Desiring to further develop their economic relationship and to enhance their co-operation in tax matters,”. 4 A Party may reserve the right for paragraph 1 not to apply to its Covered Tax Agreements that already contain preamble language describing the intent of the Contracting Jurisdictions to eliminate double taxation without creating opportunities for non-taxation or reduced taxation, whether that language is limited to cases of tax evasion or avoidance (including through treaty-shopping arrangements aimed at obtaining reliefs provided in the Covered Tax Agreement for the indirect benefit of residents of third jurisdictions) or applies more broadly.
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5 Each Party shall notify the Depositary of whether each of its Covered Tax Agreements, other than those that are within the scope of a reservation under paragraph 4, contains preamble language described in paragraph 2, and if so, the text of the relevant preambular paragraph. Where all Contracting Jurisdictions have made such a notification with respect to that preamble language, such preamble language shall be replaced by the text described in paragraph 1. In other cases, the text described in paragraph 1 shall be included in addition to the existing preamble language. 6 Each Party that chooses to apply paragraph 3 shall notify the Depositary of its choice. Such notification shall also include the list of its Covered Tax Agreements that do not already contain preamble language referring to a desire to develop an economic relationship or to enhance co-operation in tax matters. The text described in paragraph 3 shall be included in a Covered Tax Agreement only where all Contracting Jurisdictions have chosen to apply that paragraph and have made such a notification with respect to the Covered Tax Agreement.
Article 7 – Prevention of Treaty Abuse 1 Notwithstanding any provisions of a Covered Tax Agreement, a benefit under the Covered Tax Agreement shall not be granted in respect of an item of income or capital if it is reasonable to conclude; having regard to all relevant facts and circumstances, that obtaining that benefit was one of the principal purposes of any arrangement or transaction that resulted directly or indirectly in that benefit, unless it is established that granting that benefit in these circumstances would be in accordance with the object and purpose of the relevant provisions of the Covered Tax Agreement. 2 Paragraph 1 shall apply in place of or in the absence of provisions of a Covered Tax Agreement that deny all or part of the benefits that would otherwise be provided under the Covered Tax Agreement where the principal purpose or one of the principal purposes of any arrangement or transaction, or of any person concerned with an arrangement or transaction, was to obtain those benefits. 3 A Party that has not made the reservation described in subparagraph a) of paragraph 15 may also choose to apply paragraph 4 with respect to its Covered Tax Agreements. 4 Where a benefit under a Covered Tax Agreement is denied to a person under provisions of the Covered Tax Agreement (as it may be modified by this Convention) that deny all or part of the benefits that would otherwise be provided under the Covered Tax Agreement where the principal purpose or one of the principal purposes of any arrangement or transaction, or of any person concerned with an arrangement or transaction, was to obtain those benefits, the competent authority of the Contracting Jurisdiction that would otherwise have granted this benefit shall nevertheless treat that person as being entitled to this benefit, or to different benefits with respect to a specific item of income or capital, if such competent authority, upon request from that person and after consideration of the relevant facts and circumstances, determines that such benefits would have been granted to that person in the absence of the transaction or arrangement. The
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competent authority of the Contracting Jurisdiction to which a request has been made under this paragraph by a resident of the other Contracting Jurisdiction shall consult with the competent authority of that other Contracting Jurisdiction before rejecting the request. 5 Paragraph 4 shall apply to provisions of a Covered Tax Agreement (as it may be modified by this Convention) that deny all or part of the benefits that would otherwise be provided under the Covered Tax Agreement where the principal purpose or one of the principal purposes of any arrangement or transaction, or of any person concerned with an arrangement or transaction, was to obtain those benefits. 6 A Party may also choose to apply the provisions contained in paragraphs 8 through 13 (hereinafter referred to as the “Simplified Limitation on Benefits Provision”) to its Covered Tax Agreements by making the notification described in subparagraph c) of paragraph 17. The Simplified Limitation on Benefits Provision shall apply with respect to a Covered Tax Agreement only where all Contracting Jurisdictions have chosen to apply it. 7 In cases where some but not all of the Contracting Jurisdictions to a Covered Tax Agreement choose to apply the Simplified Limitation on Benefits Provision pursuant to paragraph 6, then, notwithstanding the provisions of that paragraph, the Simplified Limitation on Benefits Provision shall apply with respect to the granting of benefits under the Covered Tax Agreement: a) by all Contracting Jurisdictions, if all of the Contracting Jurisdictions that do not choose pursuant to paragraph 6 to apply the Simplified Limitation on Benefits Provision agree to such application by choosing to apply this subparagraph and notifying the Depositary accordingly; or b) only by the Contracting Jurisdictions that choose to apply the Simplified Limitation on Benefits Provision, if all of the Contracting Jurisdictions that do not choose pursuant to paragraph 6 to apply the Simplified Limitation on Benefits Provision agree to such application by choosing to apply this subparagraph and notifying the Depositary accordingly.
Simplified Limitation on Benefits Provision 8 Except as otherwise provided in the Simplified Limitation on Benefits Provision, a resident of a Contracting Jurisdiction to a Covered Tax Agreement shall not be entitled to a benefit that would otherwise be accorded by the Covered Tax Agreement, other than a benefit under provisions of the Covered Tax Agreement: a) which determine the residence of a person other than an individual which is a resident of more than one Contracting Jurisdiction by reason of provisions of the Covered Tax Agreement that define a resident of a Contracting Jurisdiction; b) which provide that a Contracting Jurisdiction will grant to an enterprise of that Contracting Jurisdiction a corresponding adjustment following an initial adjustment made by the other Contacting Jurisdiction, in accordance with the Covered Tax Agreement, to the amount of tax charged
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in the first-mentioned Contracting Jurisdiction on the profits of an associated enterprise; or c) which allow residents of a Contracting Jurisdiction to request that the competent authority of that Contracting Jurisdiction consider cases of taxation not in accordance with the Covered Tax Agreement, unless such resident is a “qualified person”, as defined in paragraph 9 at the time that the benefit would be accorded. 9 A resident of a Contracting Jurisdiction to a Covered Tax Agreement shall be a qualified person at a time when a benefit would otherwise be accorded by the Covered Tax Agreement if, at that time, the resident is: a) an individual; b) that Contracting Jurisdiction, or a political subdivision or local authority thereof, or an agency or instrumentality of any such Contracting Jurisdiction, political subdivision or local authority; c) a company or other entity, if the principal class of its shares is regularly traded on one or more recognised stock exchanges; d) a person, other than an individual, that: i) is a non-profit organisation of a type that is agreed to by the Contracting Jurisdictions through an exchange of diplomatic notes; or ii) is an entity or arrangement established in that Contracting Jurisdiction that is treated as a separate person under the taxation laws of that Contracting Jurisdiction and: A) that is established and operated exclusively or almost exclusively to administer or provide retirement benefits and ancillary or incidental benefits to individuals and that is regulated as such by that Contracting Jurisdiction or one of its political subdivisions or local authorities; or B) that is established and operated exclusively or almost exclusively to invest funds for the benefit of entities or arrangements referred to in subdivision A); e) a person other than an individual, if, on at least half the days of a twelve-month period that includes the time when the benefit would otherwise be accorded, persons who are residents of that Contracting Jurisdiction and that are entitled to benefits of the Covered Tax Agreement under subparagraphs a) to d) own, directly or indirectly, at least 50 per cent of the shares of the person.
10 a) A resident of a Contracting Jurisdiction to a Covered Tax Agreement will be entitled to benefits of the Covered Tax Agreement with respect to an item of income derived from the other Contracting Jurisdiction, regardless of whether the resident is a qualified person, if the resident is
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engaged in the active conduct of a business in the firstmentioned Contracting Jurisdiction, and the income derived from the other Contracting Jurisdiction emanates from, or is incidental to, that business. For purposes of the Simplified Limitation on Benefits Provision, the term “active conduct of a business” shall not include the following activities or any combination thereof: i) operating as a holding company; ii) providing overall supervision or administration of a group of companies; iii) providing group financing (including cash pooling); or iv) making or managing investments, unless these activities are carried on by a bank, insurance company or registered securities dealer in the ordinary course of its business as such. b) If a resident of a Contracting Jurisdiction to a Covered Tax Agreement derives an item of income from a business activity conducted by that resident in the other Contracting Jurisdiction, or derives an item of income arising in the other Contracting Jurisdiction from a connected person, the conditions described in subparagraph a) shall be considered to be satisfied with respect to such item only if the business activity carried on by the resident in the firstmentioned Contracting Jurisdiction to which the item is related is substantial in relation to the same activity or a complementary business activity carried on by the resident or such connected person in the other Contracting Jurisdiction. Whether a business activity is substantial for the purposes of this subparagraph shall be determined based on all the facts and circumstances. c) For purposes of applying this paragraph, activities conducted by connected persons with respect to a resident of a Contracting Jurisdiction to a Covered Tax Agreement shall be deemed to be conducted by such resident.
11 A resident of a Contracting Jurisdiction to a Covered Tax Agreement that is not a qualified person shall also be entitled to a benefit that would otherwise be accorded by the Covered Tax Agreement with respect to an item of income if, on at least half of the days of any twelve-month period that includes the time when the benefit would otherwise be accorded, persons that are equivalent beneficiaries own, directly or indirectly, at least 75 per cent of the beneficial interests of the resident. 12 If a resident of a Contracting Jurisdiction to a Covered Tax Agreement is neither a qualified person pursuant to the provisions of paragraph 9, nor entitled to benefits under paragraph 10 or 11, the competent authority of the other Contracting Jurisdiction may, nevertheless, grant the benefits of the Covered Tax Agreement, or benefits with respect to a specific item of income, taking into account the object and purpose of the Covered Tax Agreement, but only if such resident demonstrates to the satisfaction of such competent authority that neither its establishment, acquisition or maintenance, nor the conduct of its operations, had as one of its principal purposes the obtaining of benefits under the Covered Tax Agreement. Before either granting or denying a request made under this
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paragraph by a resident of a Contracting Jurisdiction, the competent authority of the other Contracting Jurisdiction to which the request has been made shall consult with the competent authority of the first-mentioned Contracting Jurisdiction. 13 For the purposes of the Simplified Limitation on Benefits Provision: a) the term “recognised stock exchange” means: i) any stock exchange established and regulated as such under the laws of either Contracting Jurisdiction; and ii) any other stock exchange agreed upon by the competent authorities of the Contracting Jurisdictions; b) the term “principal class of shares” means the class or classes of shares of a company which represents the majority of the aggregate vote and value of the company or the class or classes of beneficial interests of an entity which represents in the aggregate a majority of the aggregate vote and value of the entity; c) the term “equivalent beneficiary” means any person who would be entitled to benefits with respect to an item of income accorded by a Contracting Jurisdiction to a Covered Tax Agreement under the domestic law of that Contracting Jurisdiction, the Covered Tax Agreement or any other international instrument which are equivalent to, or more favourable than, benefits to be accorded to that item of income under the Covered Tax Agreement; for the purposes of determining whether a person is an equivalent beneficiary with respect to dividends, the person shall be deemed to hold the same capital of the company paying the dividends as such capital the company claiming the benefit with respect to the dividends holds; d) with respect to entities that are not companies, the term “shares” means interests that are comparable to shares; e) two persons shall be “connected persons” if one owns, directly or indirectly, at least 50 per cent of the beneficial interest in the other (or, in the case of a company, at least 50 per cent of the aggregate vote and value of the company’s shares) or another person owns, directly or indirectly, at least 50 per cent of the beneficial interest (or, in the case of a company, at least 50 per cent of the aggregate vote and value of the company’s shares) in each person; in any case, a person shall be connected to another if, based on all the relevant facts and circumstances, one has control of the other or both are under the control of the same person or persons.
14 The Simplified Limitation on Benefits Provision shall apply in place of or in the absence of provisions of a Covered Tax Agreement that would limit the benefits of the Covered Tax Agreement (or that would limit benefits other than a benefit under the provisions of the Covered Tax Agreement relating to residence, associated enterprises or non-discrimination
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or a benefit that is not restricted solely to residents of a Contracting Jurisdiction) only to a resident that qualifies for such benefits by meeting one or more categorical tests. 15 A Party may reserve the right: a) for paragraph 1 not to apply to its Covered Tax Agreements on the basis that it intends to adopt a combination of a detailed limitation on benefits provision and either rules to address conduit financing structures or a principal purpose test, thereby meeting the minimum standard for preventing treaty abuse under the OECD/G20 BEPS package; in such cases, the Contracting Jurisdictions shall endeavour to reach a mutually satisfactory solution which meets the minimum standard; b) for paragraph 1 (and paragraph 4, in the case of a Party that has chosen to apply that paragraph) not to apply to its Covered Tax Agreements that already contain provisions that deny all of the benefits that would otherwise be provided under the Covered Tax Agreement where the principal purpose or one of the principal purposes of any arrangement or transaction, or of any person concerned with an arrangement or transaction, was to obtain those benefits; c) for the Simplified Limitation on Benefits Provision not to apply to its Covered Tax Agreements that already contain the provisions described in paragraph 14.
16 Except where the Simplified Limitation on Benefits Provision applies with respect to the granting of benefits under a Covered Tax Agreement by one or more Parties pursuant to paragraph 7, a Party that chooses pursuant to paragraph 6 to apply the Simplified Limitation on Benefits Provision may reserve the right for the entirety of this Article not to apply with respect to its Covered Tax Agreements for which one or more of the other Contracting Jurisdictions has not chosen to apply the Simplified Limitation on Benefits Provision. In such cases, the Contracting Jurisdictions shall endeavour to reach a mutually satisfactory solution which meets the minimum standard for preventing treaty abuse under the OECD/G20 BEPS package. 17 a) Each Party that has not made the reservation described in subparagraph a) of paragraph 15 shall notify the Depositary of whether each of its Covered Tax Agreements that is not subject to a reservation described in subparagraph b) of paragraph 15 contains a provision described in paragraph 2, and if so, the article and paragraph number of each such provision. Where all Contracting Jurisdictions have made such a notification with respect to a provision of a Covered Tax Agreement, that provision shall be replaced by the provisions of paragraph 1 (and where applicable, paragraph 4). In other cases, paragraph 1 (and where applicable, paragraph 4) shall supersede the provisions of the Covered Tax Agreement only to the extent that those provisions are incompatible with paragraph 1 (and where applicable, paragraph 4). A Party making a notification under this subparagraph may also include a statement that while such Party accepts the application of paragraph 1 alone as an interim measure, it intends where possible to adopt a limitation on benefits provision, in addition to or
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in replacement of paragraph 1, through bilateral negotiation. b) Each Party that chooses to apply paragraph 4 shall notify the Depositary of its choice. Paragraph 4 shall apply to a Covered Tax Agreement only where all Contracting Jurisdictions have made such a notification. c) Each Party that chooses to apply the Simplified Limitation on Benefits Provision pursuant to paragraph 6 shall notify the Depositary of its choice. Unless such Party has made the reservation described in subparagraph c) of paragraph 15, such notification shall also include the list of its Covered Tax Agreements which contain a provision described in paragraph 14, as well as the article and paragraph number of each such provision. d) Each Party that does not choose to apply the Simplified Limitation on Benefits Provision pursuant to paragraph 6, but chooses to apply either subparagraph a) or b) of paragraph 7 shall notify the Depositary of its choice of subparagraph. Unless such Party has made the reservation described in subparagraph c) of paragraph 15, such notification shall also include the list of its Covered Tax Agreements which contain a provision described in paragraph 14, as well as the article and paragraph number of each such provision. e) Where all Contracting Jurisdictions have made a notification under subparagraph c) or d) with respect to a provision of a Covered Tax Agreement, that provision shall be replaced by the Simplified Limitation on Benefits Provision. In other cases, the Simplified Limitation on Benefits Provision shall supersede the provisions of the Covered Tax Agreement only to the extent that those provisions are incompatible with the Simplified Limitation on Benefits Provision.
Article 8 – Dividend Transfer Transactions 1 Provisions of a Covered Tax Agreement that exempt dividends paid by a company which is a resident of a Contracting Jurisdiction from tax or that limit the rate at which such dividends may be taxed, provided that the beneficial owner or the recipient is a company which is a resident of the other Contracting Jurisdiction and which owns, holds or controls more than a certain amount of the capital, shares, stock, voting power, voting rights or similar ownership interests of the company paying the dividends, shall apply only if the ownership conditions described in those provisions are met throughout a 365 day period that includes the day of the payment of the dividends (for the purpose of computing that period, no account shall be taken of changes of ownership that would directly result from a corporate reorganisation, such as a merger or divisive reorganisation, of the company that holds the shares or that pays the dividends). 2 The minimum holding period provided in paragraph 1 shall apply in place of or in the absence of a minimum holding period in provisions of a Covered Tax Agreement described in paragraph 1.
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3 A Party may reserve the right: a) for the entirety of this Article not to apply to its Covered Tax Agreements; b) for the entirety of this Article not to apply to its Covered Tax Agreements to the extent that the provisions described in paragraph 1 already include: i) a minimum holding period; ii) a minimum holding period shorter than a 365 day period; or iii) a minimum holding period longer than a 365 day period. 4 Each Party that has not made a reservation described in subparagraph a) of paragraph 3 shall notify the Depositary of whether each of its Covered Tax Agreements contains a provision described in paragraph 1 that is not subject to a reservation described in subparagraph b) of paragraph 3, and if so, the article and paragraph number of each such provision. Paragraph 1 shall apply with respect to a provision of a Covered Tax Agreement only where all Contracting Jurisdictions have made such a notification with respect to that provision.
Article 9 – Capital Gains from Alienation of Shares or Interests of Entities Deriving their Value Principally from Immovable Property 1 Provisions of a Covered Tax Agreement providing that gains derived by a resident of a Contracting Jurisdiction from the alienation of shares or other rights of participation in an entity may be taxed in the other Contracting Jurisdiction provided that these shares or rights derived more than a certain part of their value from immovable property (real property) situated in that other Contracting Jurisdiction (or provided that more than a certain part of the property of the entity consists of such immovable property (real property)): a) shall apply if the relevant value threshold is met at any time during the 365 days preceding the alienation; and b) shall apply to shares or comparable interests, such as interests in a partnership or trust (to the extent that such shares or interests are not already covered) in addition to any shares or rights already covered by the provisions.
2 The period provided in subparagraph a) of paragraph 1 shall apply in place of or in the absence of a time period for determining whether the relevant value threshold in provisions of a Covered Tax Agreement described in paragraph 1 was met. 3 A Party may also choose to apply paragraph 4 with respect to its Covered Tax Agreements.
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4 For purposes of a Covered Tax Agreement, gains derived by a resident of a Contracting Jurisdiction from the alienation of shares or comparable interests, such as interests in a partnership or trust, may be taxed in the other Contracting Jurisdiction if, at any time during the 365 days preceding the alienation, these shares or comparable interests derived more than 50 per cent of their value directly or indirectly from immovable property (real property) situated in that other Contracting Jurisdiction. 5 Paragraph 4 shall apply in place of or in the absence of provisions of a Covered Tax Agreement providing that gains derived by a resident of a Contracting Jurisdiction from the alienation of shares or other rights of participation in an entity may be taxed in the other Contracting Jurisdiction provided that these shares or rights derived more than a certain part of their value from immovable property (real property) situated in that other Contracting Jurisdiction, or provided that more than a certain part of the property of the entity consists of such immovable property (real property). 6 A Party may reserve the right: a) for paragraph 1 not to apply to its Covered Tax Agreements; b) for subparagraph a) of paragraph 1 not to apply to its Covered Tax Agreements; c) for subparagraph b) of paragraph 1 not to apply to its Covered Tax Agreements; d) for subparagraph a) of paragraph 1 not to apply to its Covered Tax Agreements that already contain a provision of the type described in paragraph 1 that includes a period for determining whether the relevant value threshold was met; e) for subparagraph b) of paragraph 1 not to apply to its Covered Tax Agreements that already contain a provision of the type described in paragraph 1 that applies to the alienation of interests other than shares; f) for paragraph 4 not to apply to its Covered Tax Agreements that already contain the provisions described in paragraph 5. 7 Each Party that has not made the reservation described in subparagraph a) of paragraph 6 shall notify the Depositary of whether each of its Covered Tax Agreements contains a provision described in paragraph 1, and if so, the article and paragraph number of each such provision. Paragraph 1 shall apply with respect to a provision of a Covered Tax Agreement only where all Contracting Jurisdictions have made a notification with respect to that provision. 8 Each Party that chooses to apply paragraph 4 shall notify the Depositary of its choice. Paragraph 4 shall apply to a Covered Tax Agreement only where all Contracting Jurisdictions have made such a notification. In such case, paragraph 1 shall not apply with respect to that Covered Tax Agreement. In the case of a Party that has not made the reservation described in subparagraph f) of paragraph 6 and has made the reservation described in subparagraph a) of paragraph 6, such notification shall also include the list of its Covered Tax Agreements which contain a provision described in paragraph 5, as well as
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the article and paragraph number of each such provision. Where all Contracting Jurisdictions have made a notification with respect to a provision of a Covered Tax Agreement under this paragraph or paragraph 7, that provision shall be replaced by the provisions of paragraph 4. In other cases, paragraph 4 shall supersede the provisions of the Covered Tax Agreement only to the extent that those provisions are incompatible with paragraph 4.
Article 10 – Anti-abuse Rule for Permanent Establishments Situated in Third Jurisdictions 1 Where: a) an enterprise of a Contracting Jurisdiction to a Covered Tax Agreement derives income from the other Contracting Jurisdiction and the first-mentioned Contracting Jurisdiction treats such income as attributable to a permanent establishment of the enterprise situated in a third jurisdiction; and b) the profits attributable to that permanent establishment are exempt from tax in the first-mentioned Contracting Jurisdiction, the benefits of the Covered Tax Agreement shall not apply to any item of income on which the tax in the third jurisdiction is less than 60 per cent of the tax that would be imposed in the first-mentioned Contracting Jurisdiction on that item of income if that permanent establishment were situated in the first-mentioned Contracting Jurisdiction. In such a case, any income to which the provisions of this paragraph apply shall remain taxable according to the domestic law of the other Contracting Jurisdiction, notwithstanding any other provisions of the Covered Tax Agreement. 2 Paragraph 1 shall not apply if the income derived from the other Contracting Jurisdiction described in paragraph 1 is derived in connection with or is incidental to the active conduct of a business carried on through the permanent establishment (other than the business of making, managing or simply holding investments for the enterprise’s own account, unless these activities are banking, insurance or securities activities carried on by a bank, insurance enterprise or registered securities dealer, respectively).
3 If benefits under a Covered Tax Agreement are denied pursuant to paragraph 1 with respect to an item of income derived by a resident of a Contracting Jurisdiction, the competent authority of the other Contracting Jurisdiction may, nevertheless, grant these benefits with respect to that item of income if, in response to a request by such resident, such competent authority determines that granting such benefits is justified in light of the reasons such resident did not satisfy the requirements of paragraphs 1 and 2. The competent authority of the Contracting Jurisdiction to which a request has been made under the preceding sentence by a resident of the other Contracting Jurisdiction shall consult with the competent authority of that other Contracting Jurisdiction before either granting or denying the request.
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4 Paragraphs 1 through 3 shall apply in place of or in the absence of provisions of a Covered Tax Agreement that deny or limit benefits that would otherwise be granted to an enterprise of a Contracting Jurisdiction which derives income from the other Contracting Jurisdiction that is attributable to a permanent establishment of the enterprise situated in a third jurisdiction. 5 A Party may reserve the right: a) for the entirety of this Article not to apply to its Covered Tax Agreements; b) for the entirety of this Article not to apply to its Covered Tax Agreements that already contain the provisions described in paragraph 4; c) for this Article to apply only to its Covered Tax Agreements that already contain the provisions described in paragraph 4. 6 Each Party that has not made the reservation described in subparagraph a) or b) of paragraph 5 shall notify the Depositary of whether each of its Covered Tax Agreements contains a provision described in paragraph 4, and if so, the article and paragraph number of each such provision. Where all Contracting Jurisdictions have made such a notification with respect to a provision of a Covered Tax Agreement, that provision shall be replaced by the provisions of paragraphs 1 through 3. In other cases, paragraphs 1 through 3 shall supersede the provisions of the Covered Tax Agreement only to the extent that those provisions are incompatible with those paragraphs.
Article 11 – Application of Tax Agreements to Restrict a Party’s Right to Tax its Own Residents 1 A Covered Tax Agreement shall not affect the taxation by a Contracting Jurisdiction of its residents, except with respect to the benefits granted under provisions of the Covered Tax Agreement: a) which require that Contracting Jurisdiction to grant to an enterprise of that Contracting Jurisdiction a correlative or corresponding adjustment following an initial adjustment made by the other Contracting Jurisdiction, in accordance with the Covered Tax Agreement, to the amount of tax charged in the first-mentioned Contracting Jurisdiction on the profits of a permanent establishment of the enterprise or the profits of an associated enterprise; b) which may affect how that Contracting Jurisdiction taxes an individual who is a resident of that Contracting Jurisdiction if that individual derives income in respect of services rendered to the other Contracting Jurisdiction or a political subdivision or local authority or other comparable body thereof; c) which may affect how that Contracting Jurisdiction taxes an individual who is a resident of that Contracting Jurisdiction if that individual is also a student, business apprentice or trainee, or a teacher, professor, lecturer, instructor, researcher or research scholar who meets the conditions of the Covered Tax Agreement;
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d) which require that Contracting Jurisdiction to provide a tax credit or tax exemption to residents of that Contracting Jurisdiction with respect to the income that the other Contracting Jurisdiction may tax in accordance with the Covered Tax Agreement (including profits that are attributable to a permanent establishment situated in that other Contracting Jurisdiction in accordance with the Covered Tax Agreement); e) which protect residents of that Contracting Jurisdiction against certain discriminatory taxation practices by that Contracting Jurisdiction; f) which allow residents of that Contracting Jurisdiction to request that the competent authority of that or either Contracting Jurisdiction consider cases of taxation not in accordance with the Covered Tax Agreement; g) which may affect how that Contracting Jurisdiction taxes an individual who is a resident of that Contracting Jurisdiction when that individual is a member of a diplomatic mission, government mission or consular post of the other Contracting Jurisdiction; h) which provide that pensions or other payments made under the social security legislation of the other Contracting Jurisdiction shall be taxable only in that other Contracting Jurisdiction; i) which provide that pensions and similar payments, annuities, alimony payments or other maintenance payments arising in the other Contracting Jurisdiction shall be taxable only in that other Contracting Jurisdiction; or j) which otherwise expressly limit a Contracting Jurisdiction’s right to tax its own residents or provide expressly that the Contracting Jurisdiction in which an item of income arises has the exclusive right to tax that item of income.
2 Paragraph 1 shall apply in place of or in the absence of provisions of a Covered Tax Agreement stating that the Covered Tax Agreement would not affect the taxation by a Contracting Jurisdiction of its residents. 3 A Party may reserve the right: a) for the entirety of this Article not to apply to its Covered Tax Agreements; b) for the entirety of this Article not to apply to its Covered Tax Agreements that already contain the provisions described in paragraph 2. 4 Each Party that has not made the reservation described in subparagraph a) or b) of paragraph 3 shall notify the Depositary of whether each of its Covered Tax Agreements contains a provision described in paragraph 2, and if so, the article and paragraph number of each such provision. Where all Contracting Jurisdictions have made such a notification with respect to a provision of a Covered Tax Agreement, that provision shall be replaced by the provisions of paragraph 1. In other cases, paragraph 1 shall supersede the provisions of the
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Covered Tax Agreement only to the extent that those provisions are incompatible with paragraph 1.
PART IV
Avoidance of Permanent Establishment Status Article 12 – Artificial Avoidance of Permanent Establishment Status through Commissionnaire Arrangements and Similar Strategies 1 Notwithstanding the provisions of a Covered Tax Agreement that define the term “permanent establishment”, but subject to paragraph 2, where a person is acting in a Contracting Jurisdiction to a Covered Tax Agreement on behalf of an enterprise and, in doing so, habitually concludes contracts, or habitually plays the principal role leading to the conclusion of contracts that are routinely concluded without material modification by the enterprise, and these contracts are: a) in the name of the enterprise; or b) for the transfer of the ownership of, or for the granting of the right to use, property owned by that enterprise or that the enterprise has the right to use; or c) for the provision of services by that enterprise, that enterprise shall be deemed to have a permanent establishment in that Contracting Jurisdiction in respect of any activities which that person undertakes for the enterprise unless these activities, if they were exercised by the enterprise through a fixed place of business of that enterprise situated in that Contracting Jurisdiction, would not cause that fixed place of business to be deemed to constitute a permanent establishment under the definition of permanent establishment included in the Covered Tax Agreement (as it may be modified by this Convention).
2 Paragraph 1 shall not apply where the person acting in a Contracting Jurisdiction to a Covered Tax Agreement on behalf of an enterprise of the other Contracting Jurisdiction carries on business in the first-mentioned Contracting Jurisdiction as an independent agent and acts for the enterprise in the ordinary course of that business. Where, however, a person acts exclusively or almost exclusively on behalf of one or more enterprises to which it is closely related, that person shall not be considered to be an independent agent within the meaning of this paragraph with respect to any such enterprise. 3 a) Paragraph 1 shall apply in place of provisions of a Covered Tax Agreement that describe the conditions under which an enterprise shall be deemed to have a permanent establishment in a Contracting Jurisdiction (or a person shall be deemed to be a permanent establishment in a Contracting Jurisdiction) in respect of an activity which a
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person other than an agent of an independent status undertakes for the enterprise, but only to the extent that such provisions address the situation in which such person has, and habitually exercises, in that Contracting Jurisdiction an authority to conclude contracts in the name of the enterprise. b) Paragraph 2 shall apply in place of provisions of a Covered Tax Agreement that provide that an enterprise shall not be deemed to have a permanent establishment in a Contracting Jurisdiction in respect of an activity which an agent of an independent status undertakes for the enterprise. 4 A Party may reserve the right for the entirety of this Article not to apply to its Covered Tax Agreements. 5 Each Party that has not made a reservation described in paragraph 4 shall notify the Depositary of whether each of its Covered Tax Agreements contains a provision described in subparagraph a) of paragraph 3, as well as the article and paragraph number of each such provision. Paragraph 1 shall apply with respect to a provision of a Covered Tax Agreement only where all Contracting Jurisdictions have made a notification with respect to that provision. 6 Each Party that has not made a reservation described in paragraph 4 shall notify the Depositary of whether each of its Covered Tax Agreements contains a provision described in subparagraph b) of paragraph 3, as well as the article and paragraph number of each such provision. Paragraph 2 shall apply with respect to a provision of a Covered Tax Agreement only where all Contracting Jurisdictions have made such a notification with respect to that provision.
Article 13 – Artificial Avoidance of Permanent Establishment Status through the Specific Activity Exemptions 1 A Party may choose to apply paragraph 2 (Option A) or paragraph 3 (Option B) or to apply neither Option.
Option A 2 Notwithstanding the provisions of a Covered Tax Agreement that define the term “permanent establishment”, the term “permanent establishment” shall be deemed not to include: a) the activities specifically listed in the Covered Tax Agreement (prior to modification by this Convention) as activities deemed not to constitute a permanent establishment, whether or not that exception from permanent establishment status is contingent on the activity being of a preparatory or auxiliary character;
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b) the maintenance of a fixed place of business solely for the purpose of carrying on, for the enterprise, any activity not described in subparagraph a); c) the maintenance of a fixed place of business solely for any combination of activities mentioned in subparagraphs a) and b), provided that such activity or, in the case of subparagraph c), the overall activity of the fixed place of business, is of a preparatory or auxiliary character.
Option B 3 Notwithstanding the provisions of a Covered Tax Agreement that define the term “permanent establishment”, the term “permanent establishment” shall be deemed not to include: a) the activities specifically listed in the Covered Tax Agreement (prior to modification by this Convention) as activities deemed not to constitute a permanent establishment, whether or not that exception from permanent establishment status is contingent on the activity being of a preparatory or auxiliary character, except to the extent that the relevant provision of the Covered Tax Agreement provides explicitly that a specific activity shall be deemed not to constitute a permanent establishment provided that the activity is of a preparatory or auxiliary character; b) the maintenance of a fixed place of business solely for the purpose of carrying on, for the enterprise, any activity not described in subparagraph a), provided that this activity is of a preparatory or auxiliary character; c) the maintenance of a fixed place of business solely for any combination of activities mentioned in subparagraphs a) and b), provided that the overall activity of the fixed place of business resulting from this combination is of a preparatory or auxiliary character. 4 A provision of a Covered Tax Agreement (as it may be modified by paragraph 2 or 3) that lists specific activities deemed not to constitute a permanent establishment shall not apply to a fixed place of business that is used or maintained by an enterprise if the same enterprise or a closely related enterprise carries on business activities at the same place or at another place in the same Contracting Jurisdiction and: a) that place or other place constitutes a permanent establishment for the enterprise or the closely related enterprise under the provisions of a Covered Tax Agreement defining a permanent establishment; or b) the overall activity resulting from the combination of the activities carried on by the two enterprises at the same place, or by the same enterprise or closely related enterprises at the two places, is not of a preparatory or auxiliary character, provided that the business activities carried on by the two enterprises at the same place, or by the same enterprise or closely related enterprises at the two places, constitute complementary functions that are part of a cohesive business operation.
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5 a) Paragraph 2 or 3 shall apply in place of the relevant parts of provisions of a Covered Tax Agreement that list specific activities that are deemed not to constitute a permanent establishment even if the activity is carried on through a fixed place of business (or provisions of a Covered Tax Agreement that operate in a comparable manner). b) Paragraph 4 shall apply to provisions of a Covered Tax Agreement (as they may be modified by paragraph 2 or 3) that list specific activities that are deemed not to constitute a permanent establishment even if the activity is carried on through a fixed place of business (or provisions of a Covered Tax Agreement that operate in a comparable manner).
6 A Party may reserve the right: (a) for the entirety of this Article not to apply to its Covered Tax Agreements; (b) for paragraph 2 not to apply to its Covered Tax Agreements that explicitly state that a list of specific activities shall be deemed not to constitute a permanent establishment only if each of the activities is of a preparatory or auxiliary character; (c) for paragraph 4 not to apply to its Covered Tax Agreements. 7 Each Party that chooses to apply an Option under paragraph 1 shall notify the Depositary of its choice of Option. Such notification shall also include the list of its Covered Tax Agreements which contain a provision described in subparagraph a) of paragraph 5, as well as the article and paragraph number of each such provision. An Option shall apply with respect to a provision of a Covered Tax Agreement only where all Contracting Jurisdictions have chosen to apply the same Option and have made such a notification with respect to that provision. 8 Each Party that has not made a reservation described in subparagraph a) or c) of paragraph 6 and does not choose to apply an Option under paragraph 1 shall notify the Depositary of whether each of its Covered Tax Agreements contains a provision described in subparagraph b) of paragraph 5, as well as the article and paragraph number of each such provision. Paragraph 4 shall apply with respect to a provision of a Covered Tax Agreement only where all Contracting Jurisdictions have made a notification with respect to that provision under this paragraph or paragraph 7.
Article 14 – Splitting-up of Contracts 1 For the sole purpose of determining whether the period (or periods) referred to in a provision of a Covered Tax Agreement that stipulates a period (or periods) of time after which specific projects or activities shall constitute a permanent establishment has been exceeded:
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(a) where an enterprise of a Contracting Jurisdiction carries on activities in the other Contracting Jurisdiction at a place that constitutes a building site, construction project, installation project or other specific project identified in the relevant provision of the Covered Tax Agreement, or carries on supervisory or consultancy activities in connection with such a place, in the case of a provision of a Covered Tax Agreement that refers to such activities, and these activities are carried on during one or more periods of time that, in the aggregate, exceed 30 days without exceeding the period or periods referred to in the relevant provision of the Covered Tax Agreement; and (b) where connected activities are carried on in that other Contracting Jurisdiction at (or, where the relevant provision of the Covered Tax Agreement applies to supervisory or consultancy activities, in connection with) the same building site, construction or installation project, or other place identified in the relevant provision of the Covered Tax Agreement during different periods of time, each exceeding 30 days, by one or more enterprises closely related to the first-mentioned enterprise, these different periods of time shall be added to the aggregate period of time during which the first-mentioned enterprise has carried on activities at that building site, construction or installation project, or other place identified in the relevant provision of the Covered Tax Agreement. 2 Paragraph 1 shall apply in place of or in the absence of provisions of a Covered Tax Agreement to the extent that such provisions address the division of contracts into multiple parts to avoid the application of a time period or periods in relation to the existence of a permanent establishment for specific projects or activities described in paragraph 1. 3 A Party may reserve the right: a) for the entirety of this Article not to apply to its Covered Tax Agreements; b) for the entirety of this Article not to apply with respect to provisions of its Covered Tax Agreements relating to the exploration for or exploitation of natural resources. 4 Each Party that has not made a reservation described in subparagraph a) of paragraph 3 shall notify the Depositary of whether each of its Covered Tax Agreements contains a provision described in paragraph 2 that is not subject to a reservation under subparagraph b) of paragraph 3, and if so, the article and paragraph number of each such provision. Where all Contracting Jurisdictions have made such a notification with respect to a provision of a Covered Tax Agreement, that provision shall be replaced by the provisions of paragraph 1 to the extent provided in paragraph 2. In other cases, paragraph 1 shall supersede the provisions of the Covered Tax Agreement only to the extent that those provisions are incompatible with paragraph 1.
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Article 15 – Definition of a Person Closely Related to an Enterprise 1 For the purposes of the provisions of a Covered Tax Agreement that are modified by paragraph 2 of Article 12 (Artificial Avoidance of Permanent Establishment Status through Commissionnaire Arrangements and Similar Strategies), paragraph 4 of Article 13 (Artificial Avoidance of Permanent Establishment Status through the Specific Activity Exemptions), or paragraph 1 of Article 14 (Splitting-up of Contracts), a person is closely related to an enterprise if, based on all the relevant facts and circumstances, one has control of the other or both are under the control of the same persons or enterprises. In any case, a person shall be considered to be closely related to an enterprise if one possesses directly or indirectly more than 50 per cent of the beneficial interest in the other (or, in the case of a company, more than 50 per cent of the aggregate vote and value of the company’s shares or of the beneficial equity interest in the company) or if another person possesses directly or indirectly more than 50 per cent of the beneficial interest (or, in the case of a company, more than 50 per cent of the aggregate vote and value of the company’s shares or of the beneficial equity interest in the company) in the person and the enterprise.
2 A Party that has made the reservations described in paragraph 4 of Article 12 (Artificial Avoidance of Permanent Establishment Status through Commissionnaire Arrangements and Similar Strategies), subparagraph a) or c) of paragraph 6 of Article 13 (Artificial Avoidance of Permanent Establishment Status through the Specific Activity Exemptions), and subparagraph a) of paragraph 3 of Article 14 (Splitting-up of Contracts) may reserve the right for the entirety of this Article not to apply to the Covered Tax Agreements to which those reservations apply.
PART V
Improving Dispute Resolution Article 16 – Mutual Agreement Procedure 1 Where a person considers that the actions of one or both of the Contracting Jurisdictions result or will result for that person in taxation not in accordance with the provisions of the Covered Tax Agreement, that person may, irrespective of the remedies provided by the domestic law of those Contracting Jurisdictions, present the case to the competent authority of either Contracting Jurisdiction. The case must be presented within three years from the first notification of the action resulting in taxation not in accordance with the provisions of the Covered Tax Agreement. 2 The competent authority shall endeavour, if the objection appears to it to be justified and if it is not itself able to arrive at a satisfactory solution, to resolve the case by mutual
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agreement with the competent authority of the other Contracting Jurisdiction, with a view to the avoidance of taxation which is not in accordance with the Covered Tax Agreement. Any agreement reached shall be implemented notwithstanding any time limits in the domestic law of the Contracting Jurisdictions. 3 The competent authorities of the Contracting Jurisdictions shall endeavour to resolve by mutual agreement any difficulties or doubts arising as to the interpretation or application of the Covered Tax Agreement. They may also consult together for the elimination of double taxation in cases not provided for in the Covered Tax Agreement. 4 a) i) The first sentence of paragraph 1 shall apply in place of or in the absence of provisions of a Covered Tax Agreement (or parts thereof) that provide that where a person considers that the actions of one or both of the Contracting Jurisdiction result or will result for that person in taxation not in accordance with the provisions of the Covered Tax Agreement, that person may, irrespective of the remedies provided by the domestic law of those Contracting Jurisdictions, present the case to the competent authority of the Contracting Jurisdiction of which that person is a resident including provisions under which, if the case presented by that person comes under the provisions of a Covered Tax Agreement relating to non-discrimination based on nationality, the case may be presented to the competent authority of the Contracting Jurisdiction of which that person is a national. (ii) The second sentence of paragraph 1 shall apply in place of provisions of a Covered Tax Agreement that provide that a case referred to in the first sentence of paragraph 1 must be presented within a specific time period that is shorter than three years from the first notification of the action resulting in taxation not in accordance with the provisions of the Covered Tax Agreement, or in the absence of a provision of a Covered Tax Agreement describing the time period within which such a case must be presented. b) i) The first sentence of paragraph 2 shall apply in the absence of provisions of a Covered Tax Agreement that provide that the competent authority that is presented with the case by the person referred to in paragraph 1 shall endeavour, if the objection appears to it to be justified and if it is not itself able to arrive at a satisfactory solution, to resolve the case by mutual agreement with the competent authority of the other Contracting Jurisdiction, with a view to the avoidance of taxation which is not in accordance with the Covered Tax Agreement. ii) The second sentence of paragraph 2 shall apply in the absence of provisions of a Covered Tax Agreement providing that any agreement reached shall be implemented notwithstanding any time limits in the domestic law of the Contracting Jurisdictions. c) i) The first sentence of paragraph 3 shall apply in the absence of provisions of a Covered Tax Agreement that provide that the competent authorities of the Contracting Jurisdictions shall endeavour to resolve by mutual
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agreement any difficulties or doubts arising as to the interpretation or application of the Covered Tax Agreement. ii) The second sentence of paragraph 3 shall apply in the absence of provisions of a Covered Tax Agreement that provide that the competent authorities of the Contracting Jurisdictions may also consult together for the elimination of double taxation in cases not provided for in the Covered Tax Agreement. 5 A Party may reserve the right: a) for the first sentence of paragraph 1 not to apply to its Covered Tax Agreements on the basis that it intends to meet the minimum standard for improving dispute resolution under the OECD/G20 BEPS Package by ensuring that under each of its Covered Tax Agreements (other than a Covered Tax Agreement that permits a person to present a case to the competent authority of either Contracting Jurisdiction), where a person considers that the actions of one or both of the Contracting Jurisdictions result or will result for that person in taxation not in accordance with the provisions of the Covered Tax Agreement, irrespective of the remedies provided by the domestic law of those Contracting Jurisdictions, that person may present the case to the competent authority of the Contracting Jurisdiction of which the person is a resident or, if the case presented by that person comes under a provision of a Covered Tax Agreement relating to non-discrimination based on nationality, to that of the Contracting Jurisdiction of which that person is a national; and the competent authority of that Contracting Jurisdiction will implement a bilateral notification or consultation process with the competent authority of the other Contracting Jurisdiction for cases in which the competent authority to which the mutual agreement procedure case was presented does not consider the taxpayer’s objection to be justified; b) for the second sentence of paragraph 1 not to apply to its Covered Tax Agreements that do not provide that the case referred to in the first sentence of paragraph 1 must be presented within a specific time period on the basis that it intends to meet the minimum standard for improving dispute resolution under the OECD/G20 BEPS package by ensuring that for the purposes of all such Covered Tax Agreements the taxpayer referred to in paragraph 1 is allowed to present the case within a period of at least three years from the first notification of the action resulting in taxation not in accordance with the provisions of the Covered Tax Agreement; c) for the second sentence of paragraph 2 not to apply to its Covered Tax Agreements on the basis that for the purposes of all of its Covered Tax Agreements: i) any agreement reached via the mutual agreement procedure shall be implemented notwithstanding any time limits in the domestic laws of the Contracting Jurisdictions; or ii) it intends to meet the minimum standard for improving dispute resolution under the OECD/G20 BEPS package by accepting, in its bilateral treaty negotiations, a treaty provision providing that: A) the Contracting Jurisdictions shall make no adjustment to the profits that are attributable to a
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permanent establishment of an enterprise of one of the Contracting Jurisdictions after a period that is mutually agreed between both Contracting Jurisdictions from the end of the taxable year in which the profits would have been attributable to the permanent establishment (this provision shall not apply in the case of fraud, gross negligence or wilful default); and B) the Contracting Jurisdictions shall not include in the profits of an enterprise, and tax accordingly, profits that would have accrued to the enterprise but that by reason of the conditions referred to in a provision in the Covered Tax Agreement relating to associated enterprises have not so accrued, after a period that is mutually agreed between both Contracting Jurisdictions from the end of the taxable year in which the profits would have accrued to the enterprise (this provision shall not apply in the case of fraud, gross negligence or wilful default).
6 a) Each Party that has not made a reservation described in subparagraph a) of paragraph 5 shall notify the Depositary of whether each of its Covered Tax Agreements contains a provision described in clause i) of subparagraph a) of paragraph 4, and if so, the article and paragraph number of each such provision. Where all Contracting Jurisdictions have made a notification with respect to a provision of a Covered Tax Agreement, that provision shall be replaced by the first sentence of paragraph 1. In other cases, the first sentence of paragraph 1 shall supersede the provisions of the Covered Tax Agreement only to the extent that those provisions are incompatible with that sentence. b) Each Party that has not made the reservation described in subparagraph b) of paragraph 5 shall notify the Depositary of: i) the list of its Covered Tax Agreements which contain a provision that provides that a case referred to in the first sentence of paragraph 1 must be presented within a specific time period that is shorter than three years from the first notification of the action resulting in taxation not in accordance with the provisions of the Covered Tax Agreement, as well as the article and paragraph number of each such provision; a provision of a Covered Tax Agreement shall be replaced by the second sentence of paragraph 1 where all Contracting Jurisdictions have made such a notification with respect to that provision; in other cases, subject to clause ii), the second sentence of paragraph 1 shall supersede the provisions of the Covered Tax Agreement only to the extent that those provisions are incompatible with the second sentence of paragraph 1; ii) the list of its Covered Tax Agreements which contain a provision that provides that a case referred to in the first sentence of paragraph 1 must be presented within a specific time period that is at least three years from the first notification of the action resulting in taxation
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not in accordance with the provisions of the Covered Tax Agreement, as well as the article and paragraph number of each such provision; the second sentence of paragraph 1 shall not apply to a Covered Tax Agreement where any Contracting Jurisdiction has made such a notification with respect to that Covered Tax Agreement. c) Each Party shall notify the Depositary of: i) the list of its Covered Tax Agreements which do not contain a provision described in clause i) of subparagraph b) of paragraph 4; the first sentence of paragraph 2 shall apply to a Covered Tax Agreement only where all Contracting Jurisdictions have made such a notification with respect to that Covered Tax Agreement; ii) in the case of a Party that has not made the reservation described in subparagraph c) of paragraph 5, the list of its Covered Tax Agreements which do not contain a provision described in clause ii) of subparagraph b) of paragraph 4; the second sentence of paragraph 2 shall apply to a Covered Tax Agreement only where all Contracting Jurisdictions have made such a notification with respect to that Covered Tax Agreement. d) Each Party shall notify the Depositary of: i) the list of its Covered Tax Agreements which do not contain a provision described in clause i) of subparagraph c) of paragraph 4; the first sentence of paragraph 3 shall apply to a Covered Tax Agreement only where all Contracting Jurisdictions have made such a notification with respect to that Covered Tax Agreement; ii) the list of its Covered Tax Agreements which do not contain a provision described in clause ii) of subparagraph c) of paragraph 4; the second sentence of paragraph 3 shall apply to a Covered Tax Agreement only where all Contracting Jurisdictions have made such a notification with respect to that Covered Tax Agreement.
Article 17 – Corresponding Adjustments 1 Where a Contracting Jurisdiction includes in the profits of an enterprise of that Contracting Jurisdiction — and taxes accordingly — profits on which an enterprise of the other Contracting Jurisdiction has been charged to tax in that other Contracting Jurisdiction and the profits so included are profits which would have accrued to the enterprise of the firstmentioned Contracting Jurisdiction if the conditions made between the two enterprises had been those which would have been made between independent enterprises, then that other Contracting Jurisdiction shall make an appropriate adjustment to the amount of the tax charged therein on those profits. In determining such adjustment, due regard shall be had to the other provisions of the Covered Tax Agreement
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and the competent authorities of the Contracting Jurisdictions shall if necessary consult each other. 2 Paragraph 1 shall apply in place of or in the absence of a provision that requires a Contracting Jurisdiction to make an appropriate adjustment to the amount of the tax charged therein on the profits of an enterprise of that Contracting Jurisdiction where the other Contracting Jurisdiction includes those profits in the profits of an enterprise of that other Contracting Jurisdiction and taxes those profits accordingly, and the profits so included are profits which would have accrued to the enterprise of that other Contracting Jurisdiction if the conditions made between the two enterprises had been those which would have been made between independent enterprises. 3 A Party may reserve the right: a) for the entirety of this Article not to apply to its Covered Tax Agreements that already contain a provision described in paragraph 2; b) for the entirety of this Article not to apply to its Covered Tax Agreements on the basis that in the absence of a provision referred to in paragraph 2 in its Covered Tax Agreement: i) it shall make the appropriate adjustment referred to in paragraph 1; or ii) its competent authority shall endeavour to resolve the case under the provisions of a Covered Tax Agreement relating to mutual agreement procedure; c) in the case of a Party that has made a reservation under clause ii) of subparagraph c) of paragraph 5 of Article 16 (Mutual Agreement Procedure), for the entirety of this Article not to apply to its Covered Tax Agreements on the basis that in its bilateral treaty negotiations it shall accept a treaty provision of the type contained in paragraph 1, provided that the Contracting Jurisdictions were able to reach agreement on that provision and on the provisions described in clause ii) of subparagraph c) of paragraph 5 of Article 16 (Mutual Agreement Procedure). 4 Each Party that has not made a reservation described in paragraph 3 shall notify the Depositary of whether each of its Covered Tax Agreements contains a provision described in paragraph 2, and if so, the article and paragraph number of each such provision. Where all Contracting Jurisdictions have made such a notification with respect to a provision of a Covered Tax Agreement, that provision shall be replaced by the provisions of paragraph 1. In other cases, paragraph 1 shall supersede the provisions of the Covered Tax Agreement only to the extent that those provisions are incompatible with paragraph 1.
PART VI
Arbitration Article 18 – Choice to Apply Part VI A Party may choose to apply this Part with respect to its Covered Tax Agreements and shall notify the Depositary
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accordingly. This Part shall apply in relation to two Contracting Jurisdictions with respect to a Covered Tax Agreement only where both Contracting Jurisdictions have made such a notification.
Article 19 – Mandatory Binding Arbitration 1 Where: a) under a provision of a Covered Tax Agreement (as it may be modified by paragraph 1 of Article 16 (Mutual Agreement Procedure)) that provides that a person may present a case to a competent authority of a Contracting Jurisdiction where that person considers that the actions of one or both of the Contracting Jurisdictions result or will result for that person in taxation not in accordance with the provisions of the Covered Tax Agreement (as it may be modified by the Convention), a person has presented a case to the competent authority of a Contracting Jurisdiction on the basis that the actions of one or both of the Contracting Jurisdictions have resulted for that person in taxation not in accordance with the provisions of the Covered Tax Agreement (as it may be modified by the Convention); and b) the competent authorities are unable to reach an agreement to resolve that case pursuant to a provision of a Covered Tax Agreement (as it may be modified by paragraph 2 of Article 16 (Mutual Agreement Procedure)) that provides that the competent authority shall endeavour to resolve the case by mutual agreement with the competent authority of the other Contracting Jurisdiction, within a period of two years beginning on the start date referred to in paragraph 8 or 9, as the case may be (unless, prior to the expiration of that period the competent authorities of the Contracting Jurisdictions have agreed to a different time period with respect to that case and have notified the person who presented the case of such agreement), any unresolved issues arising from the case shall, if the person so requests in writing, be submitted to arbitration in the manner described in this Part, according to any rules or procedures agreed upon by the competent authorities of the Contracting Jurisdictions pursuant to the provisions of paragraph 10. 2 Where a competent authority has suspended the mutual agreement procedure referred to in paragraph 1 because a case with respect to one or more of the same issues is pending before court or administrative tribunal, the period provided in subparagraph b) of paragraph 1 will stop running until either a final decision has been rendered by the court or administrative tribunal or the case has been suspended or withdrawn. In addition, where a person who presented a case and a competent authority have agreed to suspend the mutual agreement procedure, the period provided in subparagraph b) of paragraph 1 will stop running until the suspension has been lifted. 3 Where both competent authorities agree that a person directly affected by the case has failed to provide in a timely manner any additional material information requested by either competent authority after the start of the period provided in subparagraph b) of paragraph 1, the period provided in
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subparagraph b) of paragraph 1 shall be extended for an amount of time equal to the period beginning on the date by which the information was requested and ending on the date on which that information was provided. 4 a) The arbitration decision with respect to the issues submitted to arbitration shall be implemented through the mutual agreement concerning the case referred to in paragraph 1. The arbitration decision shall be final. b) The arbitration decision shall be binding on both Contracting Jurisdictions except in the following cases: i) if a person directly affected by the case does not accept the mutual agreement that implements the arbitration decision. In such a case, the case shall not be eligible for any further consideration by the competent authorities. The mutual agreement that implements the arbitration decision on the case shall be considered not to be accepted by a person directly affected by the case if any person directly affected by the case does not, within 60 days after the date on which notification of the mutual agreement is sent to the person, withdraw all issues resolved in the mutual agreement implementing the arbitration decision from consideration by any court or administrative tribunal or otherwise terminate any pending court or administrative proceedings with respect to such issues in a manner consistent with that mutual agreement. ii) if a final decision of the courts of one of the Contracting Jurisdictions holds that the arbitration decision is invalid. In such a case, the request for arbitration under paragraph 1 shall be considered not to have been made, and the arbitration process shall be considered not to have taken place (except for the purposes of Articles 21 (Confidentiality of Arbitration Proceedings) and 25 (Costs of Arbitration Proceedings)). In such a case, a new request for arbitration may be made unless the competent authorities agree that such a new request should not be permitted. iii) if a person directly affected by the case pursues litigation on the issues which were resolved in the mutual agreement implementing the arbitration decision in any court or administrative tribunal.
5 The competent authority that received the initial request for a mutual agreement procedure as described in subparagraph a) of paragraph 1 shall, within two calendar months of receiving the request: a) send a notification to the person who presented the case that it has received the request; and b) send a notification of that request, along with a copy of the request, to the competent authority of the other Contracting Jurisdiction. 6 Within three calendar months after a competent authority receives the request for a mutual agreement procedure (or a copy thereof from the competent authority of the other Contracting Jurisdiction) it shall either: a) notify the person who has presented the case and the other competent authority that it has received the
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information necessary to undertake substantive consideration of the case; or b) request additional information from that person for that purpose. 7 Where pursuant to subparagraph b) of paragraph 6, one or both of the competent authorities have requested from the person who presented the case additional information necessary to undertake substantive consideration of the case, the competent authority that requested the additional information shall, within three calendar months of receiving the additional information from that person, notify that person and the other competent authority either: a) that it has received the requested information; or b) that some of the requested information is still missing.
8 Where neither competent authority has requested additional information pursuant to subparagraph b) of paragraph 6, the start date referred to in paragraph 1 shall be the earlier of: a) the date on which both competent authorities have notified the person who presented the case pursuant to subparagraph a) of paragraph 6; and b) the date that is three calendar months after the notification to the competent authority of the other Contracting Jurisdiction pursuant to subparagraph b) of paragraph 5. 9 Where additional information has been requested pursuant to subparagraph b) of paragraph 6, the start date referred to in paragraph 1 shall be the earlier of: a) the latest date on which the competent authorities that requested additional information have notified the person who presented the case and the other competent authority pursuant to subparagraph a) of paragraph 7; and b) the date that is three calendar months after both competent authorities have received all information requested by either competent authority from the person who presented the case. If, however, one or both of the competent authorities send the notification referred to in subparagraph b) of paragraph 7, such notification shall be treated as a request for additional information under subparagraph b) of paragraph 6.
10 The competent authorities of the Contracting Jurisdictions shall by mutual agreement (pursuant to the article of the relevant Covered Tax Agreement regarding procedures for mutual agreement) settle the mode of application of the provisions contained in this Part, including the minimum information necessary for each competent authority to undertake substantive consideration of the case. Such an agreement shall be concluded before the date on which unresolved issues in a case are first eligible to be submitted to arbitration and may be modified from time to time thereafter.
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11 For purposes of applying this Article to its Covered Tax Agreements, a Party may reserve the right to replace the twoyear period set forth in subparagraph b) of paragraph 1 with a three-year period. 12 A Party may reserve the right for the following rules to apply with respect to its Covered Tax Agreements notwithstanding the other provisions of this Article: a) any unresolved issue arising from a mutual agreement procedure case otherwise within the scope of the arbitration process provided for by this Convention shall not be submitted to arbitration, if a decision on this issue has already been rendered by a court or administrative tribunal of either Contracting Jurisdiction; b) if, at any time after a request for arbitration has been made and before the arbitration panel has delivered its decision to the competent authorities of the Contracting Jurisdictions, a decision concerning the issue is rendered by a court or administrative tribunal of one of the Contracting Jurisdictions, the arbitration process shall terminate.
Article 20 – Appointment of Arbitrators 1 Except to the extent that the competent authorities of the Contracting Jurisdictions mutually agree on different rules, paragraphs 2 through 4 shall apply for the purposes of this Part. 2 The following rules shall govern the appointment of the members of an arbitration panel: a) The arbitration panel shall consist of three individual members with expertise or experience in international tax matters. b) Each competent authority shall appoint one panel member within 60 days of the date of the request for arbitration under paragraph 1 of Article 19 (Mandatory Binding Arbitration). The two panel members so appointed shall, within 60 days of the latter of their appointments, appoint a third member who shall serve as Chair of the arbitration panel. The Chair shall not be a national or resident of either Contracting Jurisdiction. c) Each member appointed to the arbitration panel must be impartial and independent of the competent authorities, tax administrations, and ministries of finance of the Contracting Jurisdictions and of all persons directly affected by the case (as well as their advisors) at the time of accepting an appointment, maintain his or her impartiality and independence throughout the proceedings, and avoid any conduct for a reasonable period of time thereafter which may damage the appearance of impartiality and independence of the arbitrators with respect to the proceedings.
3 In the event that the competent authority of a Contracting Jurisdiction fails to appoint a member of the arbitration panel in the manner and within the time periods specified in paragraph 2 or agreed to by the competent authorities of the
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Contracting Jurisdictions, a member shall be appointed on behalf of that competent authority by the highest ranking official of the Centre for Tax Policy and Administration of the Organisation for Economic Co-operation and Development that is not a national of either Contracting Jurisdiction. 4 If the two initial members of the arbitration panel fail to appoint the Chair in the manner and within the time periods specified in paragraph 2 or agreed to by the competent authorities of the Contracting Jurisdictions, the Chair shall be appointed by the highest ranking official of the Centre for Tax Policy and Administration of the Organisation for Economic Co-operation and Development that is not a national of either Contracting Jurisdiction.
Article 21 – Confidentiality of Arbitration Proceedings 1 Solely for the purposes of the application of the provisions of this Part and of the provisions of the relevant Covered Tax Agreement and of the domestic laws of the Contracting Jurisdictions related to the exchange of information, confidentiality, and administrative assistance, members of the arbitration panel and a maximum of three staff per member (and prospective arbitrators solely to the extent necessary to verify their ability to fulfil the requirements of arbitrators) shall be considered to be persons or authorities to whom information may be disclosed. Information received by the arbitration panel or prospective arbitrators and information that the competent authorities receive from the arbitration panel shall be considered information that is exchanged under the provisions of the Covered Tax Agreement related to the exchange of information and administrative assistance.
2 The competent authorities of the Contracting Jurisdictions shall ensure that members of the arbitration panel and their staff agree in writing, prior to their acting in an arbitration proceeding, to treat any information relating to the arbitration proceeding consistently with the confidentiality and nondisclosure obligations described in the provisions of the Covered Tax Agreement related to exchange of information and administrative assistance and under the applicable laws of the Contracting Jurisdictions.
Article 22 – Resolution of a Case Prior to the Conclusion of the Arbitration For the purposes of this Part and the provisions of the relevant Covered Tax Agreement that provide for resolution of cases through mutual agreement, the mutual agreement procedure, as well as the arbitration proceeding, with respect to a case shall terminate if, at any time after a request for arbitration has been made and before the arbitration panel has delivered its decision to the competent authorities of the Contracting Jurisdictions:
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a) the competent authorities of the Contracting Jurisdictions reach a mutual agreement to resolve the case; or b) the person who presented the case withdraws the request for arbitration or the request for a mutual agreement procedure.
Article 23 – Type of Arbitration Process 1 Except to the extent that the competent authorities of the Contracting Jurisdictions mutually agree on different rules, the following rules shall apply with respect to an arbitration proceeding pursuant to this Part: a) After a case is submitted to arbitration, the competent authority of each Contracting Jurisdiction shall submit to the arbitration panel, by a date set by agreement, a proposed resolution which addresses all unresolved issue(s) in the case (taking into account all agreements previously reached in that case between the competent authorities of the Contracting Jurisdictions). The proposed resolution shall be limited to a disposition of specific monetary amounts (for example, of income or expense) or, where specified, the maximum rate of tax charged pursuant to the Covered Tax Agreement, for each adjustment or similar issue in the case. In a case in which the competent authorities of the Contracting Jurisdictions have been unable to reach agreement on an issue regarding the conditions for application of a provision of the relevant Covered Tax Agreement (hereinafter referred to as a “threshold question”), such as whether an individual is a resident or whether a permanent establishment exists, the competent authorities may submit alternative proposed resolutions with respect to issues the determination of which is contingent on resolution of such threshold questions. b) The competent authority of each Contracting Jurisdiction may also submit a supporting position paper for consideration by the arbitration panel. Each competent authority that submits a proposed resolution or supporting position paper shall provide a copy to the other competent authority by the date on which the proposed resolution and supporting position paper were due. Each competent authority may also submit to the arbitration panel, by a date set by agreement, a reply submission with respect to the proposed resolution and supporting position paper submitted by the other competent authority. A copy of any reply submission shall be provided to the other competent authority by the date on which the reply submission was due. c) The arbitration panel shall select as its decision one of the proposed resolutions for the case submitted by the competent authorities with respect to each issue and any threshold questions, and shall not include a rationale or any other explanation of the decision. The arbitration decision will be adopted by a simple majority of the panel members. The arbitration panel shall deliver its decision in writing to the competent authorities of the Contracting Jurisdictions. The arbitration decision shall have no precedential value.
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2 For the purpose of applying this Article with respect to its Covered Tax Agreements, a Party may reserve the right for paragraph 1 not to apply to its Covered Tax Agreements. In such a case, except to the extent that the competent authorities of the Contracting Jurisdictions mutually agree on different rules, the following rules shall apply with respect to an arbitration proceeding: a) After a case is submitted to arbitration, the competent authority of each Contracting Jurisdiction shall provide any information that may be necessary for the arbitration decision to all panel members without undue delay. Unless the competent authorities of the Contracting Jurisdictions agree otherwise, any information that was not available to both competent authorities before the request for arbitration was received by both of them shall not be taken into account for purposes of the decision. b) The arbitration panel shall decide the issues submitted to arbitration in accordance with the applicable provisions of the Covered Tax Agreement and, subject to these provisions, of those of the domestic laws of the Contracting Jurisdictions. The panel members shall also consider any other sources which the competent authorities of the Contracting Jurisdictions may by mutual agreement expressly identify. c) The arbitration decision shall be delivered to the competent authorities of the Contracting Jurisdictions in writing and shall indicate the sources of law relied upon and the reasoning which led to its result. The arbitration decision shall be adopted by a simple majority of the panel members. The arbitration decision shall have no precedential value.
3 A Party that has not made the reservation described in paragraph 2 may reserve the right for the preceding paragraphs of this Article not to apply with respect to its Covered Tax Agreements with Parties that have made such a reservation. In such a case, the competent authorities of the Contracting Jurisdictions of each such Covered Tax Agreement shall endeavour to reach agreement on the type of arbitration process that shall apply with respect to that Covered Tax Agreement. Until such an agreement is reached, Article 19 (Mandatory Binding Arbitration) shall not apply with respect to such a Covered Tax Agreement. 4 A Party may also choose to apply paragraph 5 with respect to its Covered Tax Agreements and shall notify the Depositary accordingly. Paragraph 5 shall apply in relation to two Contracting Jurisdictions with respect to a Covered Tax Agreement where either of the Contracting Jurisdictions has made such a notification. 5 Prior to the beginning of arbitration proceedings, the competent authorities of the Contracting Jurisdictions to a Covered Tax Agreement shall ensure that each person that presented the case and their advisors agree in writing not to disclose to any other person any information received during the course of the arbitration proceedings from either competent authority or the arbitration panel. The mutual agreement
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procedure under the Covered Tax Agreement, as well as the arbitration proceeding under this Part, with respect to the case shall terminate if, at any time after a request for arbitration has been made and before the arbitration panel has delivered its decision to the competent authorities of the Contracting Jurisdictions, a person that presented the case or one of that person’s advisors materially breaches that agreement.
6 Notwithstanding paragraph 4, a Party that does not choose to apply paragraph 5 may reserve the right for paragraph 5 not to apply with respect to one or more identified Covered Tax Agreements or with respect to all of its Covered Tax Agreements. 7 A Party that chooses to apply paragraph 5 may reserve the right for this Part not to apply with respect to all Covered Tax Agreements for which the other Contracting Jurisdiction makes a reservation pursuant to paragraph 6.
Article 24 – Agreement on a Different Resolution 1 For purposes of applying this Part with respect to its Covered Tax Agreements, a Party may choose to apply paragraph 2 and shall notify the Depositary accordingly. Paragraph 2 shall apply in relation to two Contracting Jurisdictions with respect to a Covered Tax Agreement only where both Contracting Jurisdictions have made such a notification. 2 Notwithstanding paragraph 4 of Article 19 (Mandatory Binding Arbitration), an arbitration decision pursuant to this Part shall not be binding on the Contracting Jurisdictions to a Covered Tax Agreement and shall not be implemented if the competent authorities of the Contracting Jurisdictions agree on a different resolution of all unresolved issues within three calendar months after the arbitration decision has been delivered to them. 3 A Party that chooses to apply paragraph 2 may reserve the right for paragraph 2 to apply only with respect to its Covered Tax Agreements for which paragraph 2 of Article 23 (Type of Arbitration Process) applies.
Article 25 – Costs of Arbitration Proceedings In an arbitration proceeding under this Part, the fees and expenses of the members of the arbitration panel, as well as any costs incurred in connection with the arbitration proceedings by the Contracting Jurisdictions, shall be borne by the Contracting Jurisdictions in a manner to be settled by mutual agreement between the competent authorities of the Contracting Jurisdictions. In the absence of such agreement, each Contracting Jurisdiction shall bear its own expenses and those of its appointed panel member. The cost of the chair of the arbitration panel and other expenses associated with the conduct of the arbitration proceedings shall be borne by the Contracting Jurisdictions in equal shares.
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Article 26 – Compatibility 1 Subject to Article 18 (Choice to Apply Part VI), the provisions of this Part shall apply in place of or in the absence of provisions of a Covered Tax Agreement that provide for arbitration of unresolved issues arising from a mutual agreement procedure case. Each Party that chooses to apply this Part shall notify the Depositary of whether each of its Covered Tax Agreements, other than those that are within the scope of a reservation under paragraph 4, contains such a provision, and if so, the article and paragraph number of each such provision. Where two Contracting Jurisdictions have made a notification with respect to a provision of a Covered Tax Agreement, that provision shall be replaced by the provisions of this Part as between those Contracting Jurisdictions.
2 Any unresolved issue arising from a mutual agreement procedure case otherwise within the scope of the arbitration process provided for in this Part shall not be submitted to arbitration if the issue falls within the scope of a case with respect to which an arbitration panel or similar body has previously been set up in accordance with a bilateral or multilateral convention that provides for mandatory binding arbitration of unresolved issues arising from a mutual agreement procedure case. 3 Subject to paragraph 1, nothing in this Part shall affect the fulfilment of wider obligations with respect to the arbitration of unresolved issues arising in the context of a mutual agreement procedure resulting from other conventions to which the Contracting Jurisdictions are or will become parties. 4 A Party may reserve the right for this Part not to apply with respect to one or more identified Covered Tax Agreements (or to all of its Covered Tax Agreements) that already provide for mandatory binding arbitration of unresolved issues arising from a mutual agreement procedure case.
PART VII
Final Provisions Article 27 – Signature and Ratification, Acceptance or Approval 1 As of 31 December 2016, this Convention shall be open for signature by: a) all States; b) Guernsey (the United Kingdom of Great Britain and Northern Ireland); Isle of Man (the United Kingdom of Great Britain and Northern Ireland); Jersey (the United Kingdom of Great Britain and Northern Ireland); and c) any other jurisdiction authorised to become a Party by means of a decision by consensus of the Parties and Signatories.
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2 This Convention is subject to ratification, acceptance or approval.
Article 28 – Reservations 1 Subject to paragraph 2, no reservations may be made to this Convention except those expressly permitted by: a) Paragraph 5 of Article 3 (Transparent Entities); b) Paragraph 3 of Article 4 (Dual Resident Entities); c) Paragraphs 8 and 9 of Article 5 (Application of Methods for Elimination of Double Taxation); d) Paragraph 4 of Article 6 (Purpose of a Covered Tax Agreement); e) Paragraphs 15 and 16 of Article 7 (Prevention of Treaty Abuse); f) Paragraph 3 of Article 8 (Dividend Transfer Transactions); g) Paragraph 6 of Article 9 (Capital Gains from Alienation of Shares or Interests of Entities Deriving their Value Principally from Immovable Property); h) Paragraph 5 of Article 10 (Anti-abuse Rule for Permanent Establishments Situated in Third Jurisdictions); i) Paragraph 3 of Article 11 (Application of Tax Agreements to Restrict a Party’s Right to Tax its Own Residents); j) Paragraph 4 of Article 12 (Artificial Avoidance of Permanent Establishment Status through Commissionnaire Arrangements and Similar Strategies); k) Paragraph 6 of Article 13 (Artificial Avoidance of Permanent Establishment Status through the Specific Activity Exemptions); l) Paragraph 3 of Article 14 (Splitting-up of Contracts); m) Paragraph 2 of Article 15 (Definition of a Person Closely Related to an Enterprise); n) Paragraph 5 of Article 16 (Mutual Agreement Procedure); o) Paragraph 3 of Article 17 (Corresponding Adjustments); p) Paragraphs 11 and 12 of Article 19 (Mandatory Binding Arbitration); q) Paragraphs 2, 3, 6, and 7 of Article 23 (Type of Arbitration Process); r) Paragraph 3 of Article 24 (Agreement on a Different Resolution); s) Paragraph 4 of Article 26 (Compatibility); t) Paragraphs 6 and 7 of Article 35 (Entry into Effect); and u) Paragraph 2 of Article 36 (Entry into Effect of Part VI).
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2 a) Notwithstanding paragraph 1, a Party that chooses under Article 18 (Choice to Apply Part VI) to apply Part VI (Arbitration) may formulate one or more reservations with respect to the scope of cases that shall be eligible for arbitration under the provisions of Part VI (Arbitration). For a Party which chooses under Article 18 (Choice to Apply Part VI) to apply Part VI (Arbitration) after it has become a Party to this Convention, reservations pursuant to this subparagraph shall be made at the same time as that Party’s notification to the Depositary pursuant to Article 18 (Choice to Apply Part VI). b) Reservations made under subparagraph a) are subject to acceptance. A reservation made under subparagraph a) shall be considered to have been accepted by a Party if it has not notified the Depositary that it objects to the reservation by the end of a period of twelve calendar months beginning on the date of notification of the reservation by the Depositary or by the date on which it deposits its instrument of ratification, acceptance, or approval, whichever is later. For a Party which chooses under Article 18 (Choice to Apply Part VI) to apply Part VI (Arbitration) after it has become a Party to this Convention, objections to prior reservations made by other Parties pursuant to subparagraph a) can be made at the time of the first-mentioned Party’s notification to the Depositary pursuant to Article 18 (Choice to Apply Part VI). Where a Party raises an objection to a reservation made under subparagraph a), the entirety of Part VI (Arbitration) shall not apply as between the objecting Party and the reserving Party.
3 Unless explicitly provided otherwise in the relevant provisions of this Convention, a reservation made in accordance with paragraph 1 or 2 shall: a) modify for the reserving Party in its relations with another Party the provisions of this Convention to which the reservation relates to the extent of the reservation; and b) modify those provisions to the same extent for the other Party in its relations with the reserving Party.
4 Reservations applicable to Covered Tax Agreements entered into by or on behalf of a jurisdiction or territory for whose international relations a Party is responsible, where that jurisdiction or territory is not a Party to the Convention pursuant to subparagraph b) or c) of paragraph 1 of Article 27 (Signature and Ratification, Acceptance or Approval), shall be made by the responsible Party and can be different from the reservations made by that Party for its own Covered Tax Agreements. 5 Reservations shall be made at the time of signature or when depositing the instrument of ratification, acceptance or approval, subject to the provisions of paragraphs 2, 6 and 9 of this Article, and paragraph 5 of Article 29 (Notifications). However, for a Party which chooses under Article 18 (Choice to Apply Part VI) to apply Part VI (Arbitration) after it has become a Party to this Convention, reservations described in subparagraphs p), q), r) and s) of paragraph 1 of this Article shall be made at the same time as that Party’s notification to the Depositary pursuant to Article 18 (Choice to Apply Part VI).
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6 If reservations are made at the time of signature, they shall be confirmed upon deposit of the instrument of ratification, acceptance or approval, unless the document containing the reservations explicitly specifies that it is to be considered definitive, subject to the provisions of paragraphs 2, 5 and 9 of this Article, and paragraph 5 of Article 29 (Notifications). 7 If reservations are not made at the time of signature, a provisional list of expected reservations shall be provided to the Depositary at that time. 8 For reservations made pursuant to each of the following provisions, a list of agreements notified pursuant to clause ii) of subparagraph a) of paragraph 1 of Article 2 (Interpretation of Terms) that are within the scope of the reservation as defined in the relevant provision (and, in the case of a reservation under any of the following provisions other than those listed in subparagraphs c), d) and n), the article and paragraph number of each relevant provision) must be provided when such reservations are made: a) Subparagraphs b), c), d), e) and g) of paragraph 5 of Article 3 (Transparent Entities); b) Subparagraphs b), c) and d) of paragraph 3 of Article 4 (Dual Resident Entities); c) Paragraphs 8 and 9 of Article 5 (Application of Methods for Elimination of Double Taxation); d) Paragraph 4 of Article 6 (Purpose of a Covered Tax Agreement); e) Subparagraphs b) and c) of paragraph 15 of Article 7 (Prevention of Treaty Abuse); f) Clauses i), ii), and iii) of subparagraph b) of paragraph 3 of Article 8 (Dividend Transfer Transactions); g) Subparagraphs d), e) and f) of paragraph 6 of Article 9 (Capital Gains from Alienation of Shares or Interests of Entities Deriving their Value Principally from Immovable Property); h) Subparagraphs b) and c) of paragraph 5 of Article 10 (Anti-abuse Rule for Permanent Establishments Situated in Third Jurisdictions); i) Subparagraph b) of paragraph 3 of Article 11 (Application of Tax Agreements to Restrict a Party’s Right to Tax its Own Residents); j) Subparagraph b) of paragraph 6 of Article 13 (Artificial Avoidance of Permanent Establishment Status through the Specific Activity Exemptions); k) Subparagraph b) of paragraph 3 of Article 14 (Splittingup of Contracts); l) Subparagraph b) of paragraph 5 of Article 16 (Mutual Agreement Procedure); m) Subparagraph a) of paragraph 3 of Article 17 (Corresponding Adjustments); n) Paragraph 6 of Article 23 (Type of Arbitration Process); and o) Paragraph 4 of Article 26 (Compatibility).
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The reservations described in subparagraphs a) through o) above shall not apply to any Covered Tax Agreement that is not included on the list described in this paragraph. 9 Any Party which has made a reservation in accordance with paragraph 1 or 2 may at any time withdraw it or replace it with a more limited reservation by means of a notification addressed to the Depositary. Such Party shall make any additional notifications pursuant to paragraph 6 of Article 29 (Notifications) which may be required as a result of the withdrawal or replacement of the reservation. Subject to paragraph 7 of Article 35 (Entry into Effect), the withdrawal or replacement shall take effect: a) with respect to a Covered Tax Agreement solely with States or jurisdictions that are Parties to the Convention when the notification of withdrawal or replacement of the reservation is received by the Depositary: i) for reservations in respect of provisions relating to taxes withheld at source, where the event giving rise to such taxes occurs on or after 1 January of the year next following the expiration of a period of six calendar months beginning on the date of the communication by the Depositary of the notification of withdrawal or replacement of the reservation; and ii) for reservations in respect of all other provisions, for taxes levied with respect to taxable periods beginning on or after 1 January of the year next following the expiration of a period of six calendar months beginning on the date of the communication by the Depositary of the notification of withdrawal or replacement of the reservation; and b) with respect to a Covered Tax Agreement for which one or more Contracting Jurisdictions becomes a Party to this Convention after the date of receipt by the Depositary of the notification of withdrawal or replacement: on the latest of the dates on which the Convention enters into force for those Contracting Jurisdictions.
Article 29 – Notifications 1 Subject to paragraphs 5 and 6 of this Article, and paragraph 7 of Article 35 (Entry into Effect), notifications pursuant to the following provisions shall be made at the time of signature or when depositing the instrument of ratification, acceptance or approval: a) Clause ii) of subparagraph a) of paragraph 1 of Article 2 (Interpretation of Terms); b) Paragraph 6 of Article 3 (Transparent Entities); c) Paragraph 4 of Article 4 (Dual Resident Entities); d) Paragraph 10 of Article 5 (Application of Methods for Elimination of Double Taxation); e) Paragraphs 5 and 6 of Article 6 (Purpose of a Covered Tax Agreement); f) Paragraph 17 of Article 7 (Prevention of Treaty Abuse); g) Paragraph 4 of Article 8 (Dividend Transfer Transactions);
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h) Paragraphs 7 and 8 of Article 9 (Capital Gains from Alienation of Shares or Interests of Entities Deriving their Value Principally from Immovable Property); i) Paragraph 6 of Article 10 (Anti-abuse Rule for Permanent Establishments Situated in Third Jurisdictions); j) Paragraph 4 of Article 11 (Application of Tax Agreements to Restrict a Party’s Right to Tax its Own Residents); k) Paragraphs 5 and 6 of Article 12 (Artificial Avoidance of Permanent Establishment Status through Commissionnaire Arrangements and Similar Strategies); l) Paragraphs 7 and 8 of Article 13 (Artificial Avoidance of Permanent Establishment Status through the Specific Activity Exemptions); m) Paragraph 4 of Article 14 (Splitting-up of Contracts); n) Paragraph 6 of Article 16 (Mutual Agreement Procedure); o) Paragraph 4 of Article 17 (Corresponding Adjustments); p) Article 18 (Choice to Apply Part VI); q) Paragraph 4 of Article 23 (Type of Arbitration Process); r) Paragraph 1 of Article 24 (Agreement on a Different Resolution); s) Paragraph 1 of Article 26 (Compatibility); and t) Paragraphs 1, 2, 3, 5 and 7 of Article 35 (Entry into Effect).
2 Notifications in respect of Covered Tax Agreements entered into by or on behalf of a jurisdiction or territory for whose international relations a Party is responsible, where that jurisdiction or territory is not a Party to the Convention pursuant to subparagraph b) or c) of paragraph 1 of Article 27 (Signature and Ratification, Acceptance or Approval), shall be made by the responsible Party and can be different from the notifications made by that Party for its own Covered Tax Agreements. 3 If notifications are made at the time of signature, they shall be confirmed upon deposit of the instrument of ratification, acceptance or approval, unless the document containing the notifications explicitly specifies that it is to be considered definitive, subject to the provisions of paragraphs 5 and 6 of this Article, and paragraph 7 of Article 35 (Entry into Effect). 4 If notifications are not made at the time of signature, a provisional list of expected notifications shall be provided at that time. 5 A Party may extend at any time the list of agreements notified under clause ii) of subparagraph a) of paragraph 1 of Article 2 (Interpretation of Terms) by means of a notification addressed to the Depositary. The Party shall specify in this notification whether the agreement falls within the scope of
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any of the reservations made by the Party which are listed in paragraph 8 of Article 28 (Reservations). The Party may also make a new reservation described in paragraph 8 of Article 28 (Reservations) if the additional agreement would be the first to fall within the scope of such a reservation. The Party shall also specify any additional notifications that may be required under subparagraphs b) through s) of paragraph 1 to reflect the inclusion of the additional agreements. In addition, if the extension results for the first time in the inclusion of a tax agreement entered into by or on behalf of a jurisdiction or territory for whose international relations a Party is responsible, the Party shall specify any reservations (pursuant to paragraph 4 of Article 28 (Reservations)) or notifications (pursuant to paragraph 2 of this Article) applicable to Covered Tax Agreements entered into by or on behalf of that jurisdiction or territory. On the date on which the added agreement(s) notified under clause ii) of subparagraph a) of paragraph 1 of Article 2 (Interpretation of Terms) become Covered Tax Agreements, the provisions of Article 35 (Entry into Effect) shall govern the date on which the modifications to the Covered Tax Agreement shall have effect. 6 A Party may make additional notifications pursuant to subparagraphs b) through s) of paragraph 1 by means of a notification addressed to the Depositary. These notifications shall take effect: a) with respect to Covered Tax Agreements solely with States or jurisdictions that are Parties to the Convention when the additional notification is received by the Depositary: i) for notifications in respect of provisions relating to taxes withheld at source, where the event giving rise to such taxes occurs on or after 1 January of the year next following the expiration of a period of six calendar months beginning on the date of the communication by the Depositary of the additional notification; and ii) for notifications in respect of all other provisions, for taxes levied with respect to taxable periods beginning on or after 1 January of the year next following the expiration of a period of six calendar months beginning on the date of the communication by the Depositary of the additional notification; and b) with respect to a Covered Tax Agreement for which one or more Contracting Jurisdictions becomes a Party to this Convention after the date of receipt by the Depositary of the additional notification: on the latest of the dates on which the Convention enters into force for those Contracting Jurisdictions.
Article 30 – Subsequent Modifications of Covered Tax Agreements The provisions in this Convention are without prejudice to subsequent modifications to a Covered Tax Agreement which may be agreed between the Contracting Jurisdictions of the Covered Tax Agreement.
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Article 31 – Conference of the Parties 1 The Parties may convene a Conference of the Parties for the purposes of taking any decisions or exercising any functions as may be required or appropriate under the provisions of this Convention. 2 The Conference of the Parties shall be served by the Depositary. 3 Any Party may request a Conference of the Parties by communicating a request to the Depositary. The Depositary shall inform all Parties of any request. Thereafter, the Depositary shall convene a Conference of the Parties, provided that the request is supported by one-third of the Parties within six calendar months of the communication by the Depositary of the request.
Article 32 – Interpretation and Implementation 1 Any question arising as to the interpretation or implementation of provisions of a Covered Tax Agreement as they are modified by this Convention shall be determined in accordance with the provision(s) of the Covered Tax Agreement relating to the resolution by mutual agreement of questions of interpretation or application of the Covered Tax Agreement (as those provisions may be modified by this Convention). 2 Any question arising as to the interpretation or implementation of this Convention may be addressed by a Conference of the Parties convened in accordance with paragraph 3 of Article 31 (Conference of the Parties).
Article 33 – Amendment 1 Any Party may propose an amendment to this Convention by submitting the proposed amendment to the Depositary. 2 A Conference of the Parties may be convened to consider the proposed amendment in accordance with paragraph 3 of Article 31 (Conference of the Parties).
Article 34 – Entry into Force 1 This Convention shall enter into force on the first day of the month following the expiration of a period of three calendar months beginning on the date of deposit of the fifth instrument of ratification, acceptance or approval. 2 For each Signatory ratifying, accepting, or approving this Convention after the deposit of the fifth instrument of ratification, acceptance or approval, the Convention shall enter into force on the first day of the month following the expiration of a period of three calendar months beginning on the date of the deposit by such Signatory of its instrument of ratification, acceptance or approval.
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Article 35 – Entry into Effect 1 The provisions of this Convention shall have effect in each Contracting Jurisdiction with respect to a Covered Tax Agreement: a) with respect to taxes withheld at source on amounts paid or credited to non-residents, where the event giving rise to such taxes occurs on or after the first day of the next calendar year that begins on or after the latest of the dates on which this Convention enters into force for each of the Contracting Jurisdictions to the Covered Tax Agreement; and b) with respect to all other taxes levied by that Contracting Jurisdiction, for taxes levied with respect to taxable periods beginning on or after the expiration of a period of six calendar months (or a shorter period, if all Contracting Jurisdictions notify the Depositary that they intend to apply such shorter period) from the latest of the dates on which this Convention enters into force for each of the Contracting Jurisdictions to the Covered Tax Agreement.
2 Solely for the purpose of its own application of subparagraph a) of paragraph 1 and subparagraph a) of paragraph 5, a Party may choose to substitute “taxable period” for “calendar year”, and shall notify the Depositary accordingly. 3 Solely for the purpose of its own application of subparagraph b) of paragraph 1 and subparagraph b) of paragraph 5, a Party may choose to replace the reference to “taxable periods beginning on or after the expiration of a period” with a reference to “taxable periods beginning on or after 1 January of the next year beginning on or after the expiration of a period”, and shall notify the Depositary accordingly. 4 Notwithstanding the preceding provisions of this Article, Article 16 (Mutual Agreement Procedure) shall have effect with respect to a Covered Tax Agreement for a case presented to the competent authority of a Contracting Jurisdiction on or after the latest of the dates on which this Convention enters into force for each of the Contracting Jurisdictions to the Covered Tax Agreement, except for cases that were not eligible to be presented as of that date under the Covered Tax Agreement prior to its modification by the Convention, without regard to the taxable period to which the case relates. 5 For a new Covered Tax Agreement resulting from an extension pursuant to paragraph 5 of Article 29 (Notifications) of the list of agreements notified under clause ii) of subparagraph a) of paragraph 1 of Article 2 (Interpretation of Terms), the provisions of this Convention shall have effect in each Contracting Jurisdiction: a) with respect to taxes withheld at source on amounts paid or credited to non-residents, where the event giving rise to such taxes occurs on or after the first day of the next calendar year that begins on or after 30 days after the date of the communication by the Depositary of the notification of the extension of the list of agreements; and b) with respect to all other taxes levied by that Contracting Jurisdiction, for taxes levied with respect to taxable
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periods beginning on or after the expiration of a period of nine calendar months (or a shorter period, if all Contracting Jurisdictions notify the Depositary that they intend to apply such shorter period) from the date of the communication by the Depositary of the notification of the extension of the list of agreements. 6 A Party may reserve the right for paragraph 4 not to apply with respect to its Covered Tax Agreements. 7 a) A Party may reserve the right to replace: i) the references in paragraphs 1 and 4 to “the latest of the dates on which this Convention enters into force for each of the Contracting Jurisdictions to the Covered Tax Agreement”; and (ii) the references in paragraph 5 to “the date of the communication by the Depositary of the notification of the extension of the list of agreements”; with references to “30 days after the date of receipt by the Depositary of the latest notification by each Contracting Jurisdiction making the reservation described in paragraph 7 of Article 35 (Entry into Effect) that it has completed its internal procedures for the entry into effect of the provisions of this Convention with respect to that specific Covered Tax Agreement”; iii) the references in subparagraph a) of paragraph 9 of Article 28 (Reservations) to “on the date of the communication by the Depositary of the notification of withdrawal or replacement of the reservation”; and iv) the reference in subparagraph b) of paragraph 9 of Article 28 (Reservations) to “on the latest of the dates on which the Convention enters into force for those Contracting Jurisdictions”; with references to “30 days after the date of receipt by the Depositary of the latest notification by each Contracting Jurisdiction making the reservation described in paragraph 7 of Article 35 (Entry into Effect) that it has completed its internal procedures for the entry into effect of the withdrawal or replacement of the reservation with respect to that specific Covered Tax Agreement”; v) the references in subparagraph a) of paragraph 6 of Article 29 (Notifications) to “on the date of the communication by the Depositary of the additional notification”; and vi) the reference in subparagraph b) of paragraph 6 of Article 29 (Notifications) to “on the latest of the dates on which the Convention enters into force for those Contracting Jurisdictions”; with references to “30 days after the date of receipt by the Depositary of the latest notification by each Contracting Jurisdiction making the reservation described in paragraph 7 of Article 35 (Entry into Effect) that it has completed its internal procedures for the entry into effect of the additional notification with respect to that specific Covered Tax Agreement”; vii) the references in paragraphs 1 and 2 of Article 36 (Entry into Effect of Part VI) to “the later of the dates on which this Convention enters into force for each of
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the Contracting Jurisdictions to the Covered Tax Agreement”; with references to “30 days after the date of receipt by the Depositary of the latest notification by each Contracting Jurisdiction making the reservation described in paragraph 7 of Article 35 (Entry into Effect) that it has completed its internal procedures for the entry into effect of the provisions of this Convention with respect to that specific Covered Tax Agreement”; and viii) the reference in paragraph 3 of Article 36 (Entry into Effect of Part VI) to “the date of the communication by the Depositary of the notification of the extension of the list of agreements”; ix) the references in paragraph 4 of Article 36 (Entry into Effect of Part VI) to “the date of the communication by the Depositary of the notification of withdrawal of the reservation”, “the date of the communication by the Depositary of the notification of replacement of the reservation” and “the date of the communication by the Depositary of the notification of withdrawal of the objection to the reservation”; and x) the reference in paragraph 5 of Article 36 (Entry into Effect of Part VI) to “the date of the communication by the Depositary of the additional notification”; with references to “30 days after the date of receipt by the Depositary of the latest notification by each Contracting Jurisdiction making the reservation described in paragraph 7 of Article 35 (Entry into Effect) that it has completed its internal procedures for the entry into effect of the provisions of Part VI (Arbitration) with respect to that specific Covered Tax Agreement”. b) A Party making a reservation in accordance with subparagraph a) shall notify the confirmation of the completion of its internal procedures simultaneously to the Depositary and the other Contracting Jurisdiction(s). c) If one or more Contracting Jurisdictions to a Covered Tax Agreement makes a reservation under this paragraph, the date of entry into effect of the provisions of the Convention, of the withdrawal or replacement of a reservation, of an additional notification with respect to that Covered Tax Agreement, or of Part VI (Arbitration) shall be governed by this paragraph for all Contracting Jurisdictions to the Covered Tax Agreement.
Article 36 – Entry into Effect of Part VI 1 Notwithstanding paragraph 9 of Article 28 (Reservations), paragraph 6 of Article 29 (Notifications), and paragraphs 1 through 6 of Article 35 (Entry into Effect), with respect to two Contracting Jurisdictions to a Covered Tax Agreement, the provisions of Part VI (Arbitration) shall have effect: a) with respect to cases presented to the competent authority of a Contracting Jurisdiction (as described in subparagraph a) of paragraph 1 of Article 19 (Mandatory Binding Arbitration)), on or after the later of the dates on which this Convention enters into force for each of the
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Contracting Jurisdictions to the Covered Tax Agreement; and b) with respect to cases presented to the competent authority of a Contracting Jurisdiction prior to the later of the dates on which this Convention enters into force for each of the Contracting Jurisdictions to the Covered Tax Agreement, on the date when both Contracting Jurisdictions have notified the Depositary that they have reached mutual agreement pursuant to paragraph 10 of Article 19 (Mandatory Binding Arbitration), along with information regarding the date or dates on which such cases shall be considered to have been presented to the competent authority of a Contracting Jurisdiction (as described in subparagraph a) of paragraph 1 of Article 19 (Mandatory Binding Arbitration)) according to the terms of that mutual agreement. 2 A Party may reserve the right for Part VI (Arbitration) to apply to a case presented to the competent authority of a Contracting Jurisdiction prior to the later of the dates on which this Convention enters into force for each of the Contracting Jurisdictions to the Covered Tax Agreement only to the extent that the competent authorities of both Contracting Jurisdictions agree that it will apply to that specific case. 3 In the case of a new Covered Tax Agreement resulting from an extension pursuant to paragraph 5 of Article 29 (Notifications) of the list of agreements notified under clause ii) of subparagraph a) of paragraph 1 of Article 2 (Interpretation of Terms), the references in paragraphs 1 and 2 of this Article to “the later of the dates on which this Convention enters into force for each of the Contracting Jurisdictions to the Covered Tax Agreement” shall be replaced with references to “the date of the communication by the Depositary of the notification of the extension of the list of agreements”. 4 A withdrawal or replacement of a reservation made under paragraph 4 of Article 26 (Compatibility) pursuant to paragraph 9 of Article 28 (Reservations), or the withdrawal of an objection to a reservation made under paragraph 2 of Article 28 (Reservations) which results in the application of Part VI (Arbitration) between two Contracting Jurisdictions to a Covered Tax Agreement, shall have effect according to subparagraphs a) and b) of paragraph 1 of this Article, except that the references to “the later of the dates on which this Convention enters into force for each of the Contracting Jurisdictions to the Covered Tax Agreement” shall be replaced with references to “the date of the communication by the Depositary of the notification of withdrawal of the reservation”, “the date of the communication by the Depositary of the notification of replacement of the reservation” or “the date of the communication by the Depositary of the notification of withdrawal of the objection to the reservation”, respectively. 5 An additional notification made pursuant to subparagraph p) of paragraph 1 of Article 29 (Notifications) shall have effect according to subparagraphs a) and b) of paragraph 1, except that the references in paragraphs 1 and 2 of this Article to “the later of the dates on which this Convention enters into force for each of the Contracting Jurisdictions to the Covered Tax Agreement” shall be replaced with references to “the date
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of the communication by the Depositary of the additional notification”.
Article 37 – Withdrawal 1 Any Party may, at any time, withdraw from this Convention by means of a notification addressed to the Depositary. 2 Withdrawal pursuant to paragraph 1 shall become effective on the date of receipt of the notification by the Depositary. In cases where this Convention has entered into force with respect to all Contracting Jurisdictions to a Covered Tax Agreement before the date on which a Party’s withdrawal becomes effective, that Covered Tax Agreement shall remain as modified by this Convention.
Article 38 – Relation with Protocols 1 This Convention may be supplemented by one or more protocols. 2 In order to become a party to a protocol, a State or jurisdiction must also be a Party to this Convention. 3 A Party to this Convention is not bound by a protocol unless it becomes a party to the protocol in accordance with its provisions.
Article 39 – Depositary 1 The Secretary-General of the Organisation for Economic Co-operation and Development shall be the Depositary of this Convention and any protocols pursuant to Article 38 (Relation with Protocols). 2 The Depositary shall notify the Parties and Signatories within one calendar month of: a) any signature pursuant to Article 27 (Signature and Ratification, Acceptance or Approval); b) the deposit of any instrument of ratification, acceptance or approval pursuant to Article 27 (Signature and Ratification, Acceptance or Approval); c) any reservation or withdrawal or replacement of a reservation pursuant to Article 28 (Reservations); d) any notification or additional notification pursuant to Article 29 (Notifications); e) any proposed amendment to this Convention pursuant to Article 33 (Amendment); f) any withdrawal from this Convention pursuant to Article 37 (Withdrawal); and g) any other communication related to this Convention. 3 The Depositary shall maintain publicly available lists of: a) Covered Tax Agreements; b) reservations made by the Parties; and c) notifications made by the Parties.
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In witness whereof the undersigned, being duly authorised thereto, have signed this Convention. Done at Paris, the 24th day of November 2016, in English and French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Organisation for Economic Co-operation and Development.
Published under authority of the Speaker of the House of Commons 2015-2016-2017-2018-2019
Disponible sur le site Web de la Chambre des comm
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First Session, Forty-second Parliament, 64-65-66-67-68 Elizabeth II, 2015-2016-2017-2018-2019
STATUTES OF CANADA 2019
CHAPTER 1
An Act respecting wrecks, abandoned, dilapidated or hazardous vessels and salvage operations
ASSENTED TO FEBRUARY 28, 2019 BILL C-64
RECOMMENDATION Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act respecting wrecks, abandoned, dilapidated or hazardous vessels and salvage operations”.
SUMMARY This enactment enacts the Wrecked, Abandoned or Hazardous Vessels Act, which promotes the protection of the public, of the environment, including coastlines and shorelines, and of infrastructure by regulating abandoned or hazardous vessels and wrecks in Canadian waters and, in certain cases, Canada’s exclusive economic zone, and by recognizing the responsibility and liability of owners for their vessels. The Act, among other things, (a) implements the Nairobi International Convention on the Removal of Wrecks, 2007; (b) requires owners of vessels of 300 gross tonnage and above, and unregistered vessels being towed, to maintain wreck removal insurance or other financial security; (c) prohibits vessel abandonment unless it is authorized under an Act of Parliament or of the legislature of a province or it is due to a maritime emergency; (d) prohibits the leaving of a dilapidated vessel in the same place for more than 60 days without authorization; (e) authorizes the Minister of Transport or the Minister of Fisheries and Oceans to order the removal of a dilapidated vessel left on any federal property; (f) authorizes the Minister of Fisheries and Oceans to take measures to prevent, mitigate or eliminate hazards posed by vessels or wrecks and to hold the owner liable; (g) authorizes the Minister of Transport to take measures with respect to abandoned or dilapidated vessels and to hold the owner liable; (h) establishes an administration and enforcement scheme, including administrative monetary penalties; and (i) authorizes the Governor in Council to make regulations respecting such matters as excluding certain vessels from the application of the Act, setting fees and establishing requirements for salvage operations, the towing of vessels and the dismantlement or destruction of vessels.
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Chapter 1: Wrecked, Abandoned or Hazardous Vessels Act SUMMARY
The enactment also re-enacts and revises provisions related to the International Convention on Salvage, 1989 and to the receiver of wreck. The enactment strengthens the protection of owners of certain wrecks in cases where the owner is unknown or cannot be located and maintains regulatory powers related to the protection and preservation of wrecks having heritage value. Finally, it makes related and consequential amendments to other Acts.
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TABLE OF PROVISIONS An Act respecting wrecks, abandoned, dilapidated or hazardous vessels and salvage operations
Short Title 1
Wrecked, Abandoned or Hazardous Vessels Act
Interpretation 2
Definitions
Her Majesty 3
Binding on Her Majesty
Purpose 4
Purpose of Act
Application 5
Exclusions
Powers, Duties and Functions of Ministers 6
Agreements or arrangements
Delegation — Minister
Obligation to consult — Minister of Fisheries and Oceans
Obligation to consult — Minister
Validity of determination not affected
Exclusion
Suspension, cancellation and refusal to issue or renew
Disclosure of Information 13
Disclosure by Minister or Minister of Fisheries and Oceans
Disclosure to Chief Registrar, registrar or authorized person
PART 1
Removal of Wrecks Interpretation 15
Definitions
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Chapter 1: Wrecked, Abandoned or Hazardous Vessels Act TABLE OF PROVISIONS
Force of law
Inconsistency
Application
Hazards 19
Obligation to report
Marking
Direction — locating, marking and removal
Immediate action required
Liability 23
Owner
Insurance or Other Financial Security 24
Absence of certificate
By whom certificate must be issued
Towing
PART 2
Vessels and Wrecks of Concern Interpretation 27
Definitions
Application 28
Application
Exclusions
Prohibitions 30
Dilapidated vessel
Vessel adrift
Abandoned vessel
Vessel becoming wreck
Sinking, stranding or grounding vessel
Sale, destruction or other disposition
Measures 36
Minister of Fisheries and Oceans — general powers
Power related to dilapidated vessel
Authorization to take possession
Disposition of Vessel, Wreck or Contents 39
Disposition of vessel, wreck or contents
At risk, cost and expense of owner
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Chapter 1: Wrecked, Abandoned or Hazardous Vessels Act TABLE OF PROVISIONS
Payment of proceeds
Federal Court directions
Clear title
Compensation and Liability 44
Compensation
Liability of owner
Miscellaneous 46
Direction to vessel
Inconsistency — Part 1
PART 3
Salvage Interpretation 48
Definitions
Application 49
Vessels
Salvage Convention 50
Salvage Convention
Salvage by Crown Vessels 51
When salvage services may be claimed
Governor in Council may accept offers of settlement
Limitation or Prescription Period for Salvage Proceedings 53
Proceedings within two years
Aircraft 54
Aircraft treated as if vessel
Rights of Salvors 55
Salvage
PART 4
Receiver of Wreck Interpretation 56
Definition of wreck
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Chapter 1: Wrecked, Abandoned or Hazardous Vessels Act TABLE OF PROVISIONS
Designation of Receivers of Wreck 57
Designation
Finding or Bringing Wreck into Canada 58
Obligation to report
Salvage award
Prohibition — selling, dismantling, etc.
Claim to wreck
Interpleader in case of wreck
Disposition of Wrecks 63
When wrecks may be disposed of
Consent not required
Unpaid salvage award, fees, etc.
General 66
Prosecutions or violations
PART 5
Administration and Enforcement Measures Relating to Hazards 67
Minister of Fisheries and Oceans — authority to enter
Disposition of samples
Return of anything removed
Interference
Designation of Enforcement Officers 71
Designation by Minister
Designation by Minister of Fisheries and Oceans
Certificate of designation
Compliance Measures 74
Authority to enter
Entering living quarters
Disposition of samples
Return of anything removed
Interference
Seizure
Custody of things seized
Liability for costs and expenses
Detention order
Interference with service of notice
Permission or direction to move vessel
References
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Chapter 1: Wrecked, Abandoned or Hazardous Vessels Act TABLE OF PROVISIONS
Provisions Related to Entry 86
Accompanying persons
Duty to assist
Obstruction 88
Obstruction
Administrative Monetary Penalties Interpretation 89
Definition of Minister
Assurances of Compliance and Notices of Violation 90
Violation — persons
Assurance of compliance or notice of violation
Deemed violation
When assurance of compliance complied with
When assurance of compliance not complied with
94.1
Manner of service
Request for review
Return of security
Notice of violation — options
Right of appeal
Recovery of Debts 99
Debts due to Her Majesty
Certificate of default
General 101
Proof of violation by vessel
Party to violation committed by vessel
Violation by employee or agent or mandatary
Direction to vessel
Limitation or prescription period
Certificate
Public Record 107
Disclosure of notices of violation and default
Notations removed
Regulations 109
Governor in Council
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Chapter 1: Wrecked, Abandoned or Hazardous Vessels Act TABLE OF PROVISIONS
Offences and Punishment Offences and Punishment 110
Offence — persons
Relief from minimum fine
Continuing offences
Court order
Service
Proof of offence by vessel
Party to offence committed by vessel
Offence by employee or agent or mandatary
Direction to vessel
Due diligence defence — persons
Limitation or prescription period
Forfeiture, Retention or Disposition 121
Forfeiture
Retention or disposition
Jurisdiction 123
Jurisdiction in relation to offences
Reporting of Alleged Contraventions 124
Reasonable grounds
Injunction
Injunction
PART 6
General 126
Statutory Instruments Act
Immunity — personal liability
Immunity — civil or criminal liability
Costs constituting debt
PART 7
Regulations 130
Regulations — Minister
Regulations — Minister and Minister responsible for Parks Canada Agency
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Chapter 1: Wrecked, Abandoned or Hazardous Vessels Act TABLE OF PROVISIONS
PART 8
Transitional Provision and Related and Consequential Amendments Transitional Provision 132
Section 20 of Navigation Protection Act
Oceans Act
Canada National Marine Conservation Areas Act
Related Amendments
Consequential Amendments 135
Crown Liability and Proceedings Act
Navigation Protection Act
Customs Act
Canada Shipping Act, 2001
Transportation Appeal Tribunal of Canada Act
PART 9
Review 153
Review by committee
PART 10
Coming into Force 154
Order in council
SCHEDULE 1 SCHEDULE 2
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64-65-66-67-68 ELIZABETH II
CHAPTER 1
An Act respecting wrecks, abandoned, dilapidated or hazardous vessels and salvage operations
[Assented to 28th February, 2019] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Short Title Short title 1 This Act may be cited as the Wrecked, Abandoned or Hazardous Vessels Act.
Interpretation Definitions 2 The following definitions apply in this Act.
authorized representative has the same meaning as in section 2 of the Canada Shipping Act, 2001. (représentant autorisé) Canadian vessel, except in Part 1, means a vessel that is not registered, listed, recorded or licensed in a foreign state. (bâtiment canadien) master has the same meaning as in section 2 of the Canada Shipping Act, 2001. (capitaine) Minister means, subject to section 89, the Minister of Transport. (ministre) owner, except in Part 1, means, in relation to a vessel, a person that (a) is a registered owner of the vessel; (b) is a holder of a pleasure craft licence; or
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(c) has, either by law or by contract, the rights of an
owner of the vessel in respect of its possession and use. (propriétaire) person includes a partnership, an unincorporated organization, an association and a trust. (personne) person in charge means, in relation to a vessel or a wreck, the owner, master or authorized representative of the vessel, and any person that is or appears to be in command, control or charge of the vessel or that has management of the vessel, but does not include a licensed pilot, as defined in section 1.1 of the Pilotage Act, while the pilot is exercising their powers or performing their duties or functions under that Act. (responsable) pleasure craft has the same meaning as in section 2 of the Canada Shipping Act, 2001. (embarcation de plaisance) prescribed means prescribed by the regulations. (Version anglaise seulement) Transportation Appeal Tribunal means the Transportation Appeal Tribunal of Canada established by subsection 2(1) of the Transportation Appeal Tribunal of Canada Act. (Tribunal d’appel des transports) vessel, except in Part 1, means any boat, ship or craft of any kind designed, used or capable of being used solely or partly for navigation in, on, through or immediately above water, without regard to method or lack of propulsion or to whether it is under construction or being repurposed or dismantled. It also includes a floating object that is designated to be a vessel by the regulations. (bâtiment) Wreck Removal Convention means the Nairobi International Convention on the Removal of Wrecks, 2007, signed at Nairobi on May 18, 2007 and set out in Schedule 1. (Convention sur l’enlèvement des épaves)
Her Majesty Binding on Her Majesty 3 This Act is binding on Her Majesty in right of Canada
or a province.
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Chapter 1: Wrecked, Abandoned or Hazardous Vessels Act Purpose Sections 4-6
Purpose Purpose of Act 4 The purpose of this Act is to promote the protection of
the public, of the environment, including coastlines and shorelines, and of infrastructure by, among other things, regulating wrecks and vessels posing hazards, prohibiting vessel abandonment, and recognizing the responsibility and liability of owners for their vessels.
Application Exclusions 5 (1) Except as otherwise provided by regulations made under paragraph 130(1)(c) or subsection 131(1) and despite subsection (3), this Act does not apply in respect of a vessel or aircraft that belongs to the Canadian Forces or a foreign military force or in respect of any other vessel or aircraft that is under the command, control or direction of the Canadian Forces.
Exclusions (2) Except as otherwise provided by regulations made
under subsection 131(1), this Act, other than Parts 3 and 4, does not apply in respect of (a) a vessel that is owned or operated by Her Majesty
in right of Canada or of a province or by a foreign state while that vessel is being used exclusively for noncommercial governmental purposes; and (b) vessels that are on location for the purposes of engaging in the exploration, exploitation or production of mineral resources or that, as a result of an accident or incident, have drifted from that location.
Exclusion (3) Except as otherwise provided by regulations made
under subsection 131(1), this Act, other than Parts 3 and 4, does not apply in respect of wrecks considered as having heritage value under an Act of Parliament or of the legislature of a province.
Powers, Duties and Functions of Ministers Agreements or arrangements 6 (1) The Minister or the Minister of Fisheries and
Oceans may, with respect to that Minister’s powers,
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duties and functions under this Act, enter into agreements or arrangements for carrying out the purposes of this Act and authorize any person, including a provincial government, a local authority and a government, council or other entity authorized to act on behalf of an Aboriginal group, with whom an agreement or arrangement is entered into to exercise the powers — other than the power to make an order under section 11 — or perform the duties or functions under this Act that are specified in the agreement or arrangement. Guidelines (2) The Minister may issue guidelines for the purposes of
this Act. Delegation — Minister 7 (1) The Minister may delegate any of his or her powers, duties or functions under this Act to the Minister of Fisheries and Oceans for any period and under any terms and conditions that the Minister considers appropriate.
Delegation — Minister of Fisheries and Oceans (2) The Minister of Fisheries and Oceans may delegate
any of his or her powers, duties or functions under this Act to the Minister for any period and under any terms and conditions that the Minister of Fisheries and Oceans considers appropriate. Obligation to consult — Minister of Fisheries and Oceans 8 (1) For the purposes of this Act, the Minister of Fisheries and Oceans may determine whether a vessel or wreck poses, or may pose, a hazard and, in exercising that power, may consult with any person that he or she considers appropriate, and is to consult with the Minister to the extent that it is possible to do so. Consultation — matters (2) The consultation with the Minister is to include the
following matters: (a) any proposed salvage plans; and (b) if relevant, whether the vessel or wreck poses, or
may pose, a hazard (i) to navigation, (ii) to a public port or public port facility, as defined in subsection 2(1) of the Canada Marine Act, or (iii) to transportation infrastructure in respect of which Parliament has jurisdiction.
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Chapter 1: Wrecked, Abandoned or Hazardous Vessels Act Powers, Duties and Functions of Ministers Sections 9-12
Obligation to consult — Minister 9 (1) For the purposes of this Act, if the Minister of
Fisheries and Oceans has, under subsection 7(2), delegated his or her power to the Minister to determine whether a vessel or wreck poses, or may pose, a hazard, the Minister, in exercising that power, may consult with any person that he or she considers appropriate, and is to consult with the Minister of Fisheries and Oceans to the extent that it is possible to do so. Consultation — matters (2) The consultation with the Minister of Fisheries and
Oceans is to include, if relevant, whether the vessel or wreck poses, or may pose, a hazard (a) to the environment; (b) to aquatic wildlife or their habitat and ecosystems; (c) to fisheries and aquaculture; or (d) to a scheduled harbour, as defined in section 2 of the Fishing and Recreational Harbours Act.
Validity of determination not affected 10 The failure to comply with the obligation under section 8 or 9 does not affect the validity of the determination of the Minister or the Minister of Fisheries and Oceans. Exclusion 11 Subject to any conditions that the Minister considers appropriate, he or she may, by order, exclude a vessel or wreck that is specified in the order from the application of all or part of this Act, if the Minister is of the opinion that it would be in the public interest to do so.
Suspension, cancellation and refusal to issue or renew 12 (1) The Minister or the Chief Registrar or a registrar referred to in the Canada Shipping Act, 2001 may suspend, cancel or refuse to issue or renew any document, including a certificate, licence or permit, that may be issued under that Act, if the applicant or the holder of the document (a) has contravened a direction given under this Act; (b) has not paid a fine or penalty imposed on them
under this Act; or
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(c) has not reimbursed the Minister or the Minister of
Fisheries and Oceans for any costs and expenses incurred in respect of measures taken under any of subsections 21(2) and (3), section 22, paragraphs 30(3)(a) to (c), sections 35 and 36 and subsection 37(3). Corporation (2) If the applicant or the holder of the document referred to in subsection (1) is a corporation, the Minister or the Chief Registrar or a registrar referred to in the Canada Shipping Act, 2001 may take the measures referred to in that subsection if a director, officer, agent or mandatary of the corporation (a) has contravened a direction given under this Act; (b) has not paid a fine or penalty imposed on them
under this Act; or (c) has not reimbursed the Minister or the Minister of
Fisheries and Oceans for any costs and expenses incurred in respect of measures taken under any of subsections 21(2) and (3), section 22, paragraphs 30(3)(a) to (c), sections 35 and 36 and subsection 37(3).
Disclosure of Information Disclosure by Minister or Minister of Fisheries and Oceans 13 (1) The Minister and the Minister of Fisheries and Oceans may, on their own initiative or on request, disclose to each other, to an enforcement officer or to any person authorized to exercise powers or perform duties or functions under this Act any information collected or obtained under this Act, the Fishing and Recreational Harbours Act, the Navigation Protection Act, the Canada Marine Act or the Canada Shipping Act, 2001, to the extent that the disclosure is necessary for the administration of this Act.
Disclosure by enforcement officer or authorized person (2) An enforcement officer and any person authorized to
exercise powers or perform duties or functions under this Act may, on their own initiative or on request, disclose to each other, to the Minister or to the Minister of Fisheries and Oceans any information collected or obtained under this Act, to the extent that the disclosure is necessary for the administration of this Act.
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Chapter 1: Wrecked, Abandoned or Hazardous Vessels Act Disclosure of Information Sections 14-15
Disclosure to Chief Registrar, registrar or authorized person 14 (1) The Minister, the Minister of Fisheries and Oceans, an enforcement officer or any person authorized to exercise powers or perform duties or functions under this Act may, on their own initiative or on request, disclose to the Chief Registrar or a registrar referred to in the Canada Shipping Act, 2001 or to any person authorized to exercise powers or perform duties or functions under the Canada Shipping Act, 2001 any information collected or obtained under this Act relating to the identity and contact information of an owner of a vessel, to the extent that the disclosure is necessary for the administration or enforcement of the Canada Shipping Act, 2001.
Disclosure to Minister (2) The Minister of Fisheries and Oceans, an enforcement officer or any person authorized to exercise powers or perform duties or functions under this Act may, on their own initiative or on request, disclose to the Minister any information collected or obtained under this Act relating to the identity and contact information of an owner of a vessel, to the extent that the disclosure is necessary for the administration or enforcement of the Canada Shipping Act, 2001.
PART 1
Removal of Wrecks Interpretation Definitions 15 (1) The following definitions apply in this Part.
Canadian vessel means a vessel that is registered, listed, recorded or licensed under the Canada Shipping Act, 2001. (bâtiment canadien) owner, in relation to a vessel, has the meaning assigned by the definition registered owner in Article 1 of the Wreck Removal Convention. (propriétaire) vessel has the meaning assigned by the definition ship in Article 1 of the Wreck Removal Convention, but includes non-seagoing vessels. (bâtiment)
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Words and expressions defined (2) For the purposes of this Part, unless otherwise provided, words and expressions used in this Part have the same meaning as in the Wreck Removal Convention.
Extended meaning of expression (3) For the purposes of the application of the Wreck Removal Convention, in cases where Canada is the affected State, the definition Convention area in Article 1 of that Convention is to be read as including Canada.
Clarification (4) For the purposes of the application of the Wreck Removal Convention, any reference to a “State Party” in the provisions of that Convention referred to in section 16 is, for greater certainty, to be read as including Canada. Force of law 16 Article 1, paragraphs 1 and 3 of Article 3, paragraphs 1, 2 and 4 of Article 4, paragraph 2 of Article 5, Article 6, paragraphs 2 and 3 of Article 9, Articles 10 and 11, paragraphs 1 to 3, 5 to 10 and 13 of Article 12 and Article 13 of the Wreck Removal Convention have the force of law in Canada.
Inconsistency 17 In the event of any inconsistency between this Part
and the Wreck Removal Convention, this Part prevails to the extent of the inconsistency. Application 18 This Part applies in respect of (a) vessels in Canadian waters or in the exclusive economic zone of Canada; (b) Canadian vessels, wherever they are; and (c) wrecks (i) that are located in the Convention area of a State
Party to the Wreck Removal Convention, and (ii) that are the result of a maritime casualty.
Hazards Obligation to report 19 (1) Subject to subsection (2), if a vessel — other than
a vessel that is registered, listed, recorded or licensed in a state that is not a party to the Wreck Removal Convention and that is located in the exclusive economic zone of Canada — is involved in a maritime casualty that resulted
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in a wreck, the master and the operator of the vessel must, without delay and in accordance with Article 5 of that Convention, provide a report containing the information referred to in paragraph 2 of that Article to a marine communications and traffic services officer designated under the Canada Shipping Act, 2001, unless another person has been designated by the Minister of Fisheries and Oceans, in which case it must be provided to that person. To the extent that either the master or the operator complies with the obligation, the other is not required to provide a report.
Canadian vessels abroad (2) If the vessel referred to in subsection (1) is a Canadian vessel located in the Convention area of a State Party to the Wreck Removal Convention other than Canada, the report under subsection (1) must be made to the government of that state, unless another person has been designated by that state, in which case it must be made to that person.
Designation (3) The Minister of Fisheries and Oceans may designate
persons or classes of persons for the purposes of subsection (1).
Marking 20 Unless otherwise directed by the Minister of Fisheries and Oceans, the owner of a vessel — other than a vessel that is registered, listed, recorded or licensed in a state that is not a party to the Wreck Removal Convention and that is located in the exclusive economic zone of Canada — that was involved in a maritime casualty that resulted in a wreck that poses a hazard must ensure that all reasonable steps are taken without delay to mark the wreck with markings that conform to the internationally accepted system of buoyage in use in the area where the wreck is located.
Direction — locating, marking and removal 21 (1) If the Minister of Fisheries and Oceans is of the
opinion that a wreck poses a hazard, he or she may direct the owner of the vessel that was involved in the maritime casualty that resulted in the wreck, within the time that he or she specifies, to (a) take all measures that that Minister considers
practicable to establish the precise location of the wreck; and
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(b) take all measures that that Minister considers proportionate to the hazard to mark or remove the wreck. Measures — Minister of Fisheries and Oceans (2) If the measures referred to in subsection (1) are not taken within the period specified by the Minister of Fisheries and Oceans, he or she may take the measures.
Measures — owner cannot be contacted (3) If the Minister of Fisheries and Oceans is of the opinion that a wreck poses a hazard and the owner of the vessel that was involved in the maritime casualty that resulted in the wreck cannot be contacted, the Minister of Fisheries and Oceans may take the measures referred to in subsection (1). Immediate action required 22 If the Minister of Fisheries and Oceans is of the opinion that a wreck poses a hazard and that a measure referred to in subsection 21(1) must be taken immediately, he or she may take the measure.
Liability Owner 23 Subject to any limit set out in the Marine Liability
Act, the liability of the owner of a vessel for the purposes of Article 10 of the Wreck Removal Convention also includes (a) the costs and expenses incurred by any person in
Canada or any person in a state, other than Canada, that is a party to that Convention, including those incurred by the Minister of Fisheries and Oceans in determining whether a wreck poses a hazard, if he or she determined that it posed one; and (b) any loss or damage caused by the measures taken in accordance with this Act.
Insurance or Other Financial Security Absence of certificate 24 (1) Unless a vessel of 300 gross tonnage and above carries a certificate described in paragraph 2 of Article 12 of the Wreck Removal Convention and issued in accordance with subsection 25(1), the vessel must not (a) enter or leave a port in Canadian waters or in the
exclusive economic zone of Canada or arrive at or
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leave an offshore facility in Canadian waters or in the exclusive economic zone of Canada; or (b) operate, if it is a Canadian vessel.
Certificate to be produced on request (2) Unless, in accordance with paragraph 13 of Article 12
of the Wreck Removal Convention, the certificate is not required to be carried on board the vessel, the master, a crew member or any person on board who is, or appears to be, in charge of the vessel must produce the certificate and give details of it at the request of an enforcement officer or the Minister of Fisheries and Oceans.
By whom certificate must be issued 25 (1) The certificate must be issued (a) if the vessel is a Canadian vessel, by the Minister; (b) if the vessel is registered, listed, recorded or licensed in a state, other than Canada, that is a party to the Wreck Removal Convention, by or under the authority of the government of that state; or (c) if the vessel is registered, listed, recorded or licensed in a state that is not a party to the Wreck Removal Convention, by the Minister or by or under the authority of the government of a state, other than Canada, that is a party to that Convention.
Designation by Minister (2) The Minister may designate persons or classes of persons to issue, refuse or revoke a certificate on the Minister’s behalf.
Issuance of certificate by Minister (3) Subject to the regulations, on an application to the
Minister for a certificate in respect of a Canadian vessel or a vessel registered, listed, recorded or licensed in a state that is not a party to the Wreck Removal Convention, the Minister must issue the certificate to the owner of the vessel — in printed or electronic form, or both — if he or she is satisfied that a contract of insurance or other financial security satisfying the requirements of Article 12 of that Convention will be in force in respect of the vessel throughout the period for which the certificate is issued.
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When Minister may refuse certificate (4) Subject to the regulations, if the Minister is of the
opinion that the insurer or guarantor will be unable to meet their obligations under the contract of insurance or other financial security referred to in Article 12 of the Wreck Removal Convention, or that the contract of insurance or other financial security will not satisfy the requirements of that Article, the Minister may refuse to issue the certificate. When Minister may revoke certificate (5) Subject to the regulations, the Minister may revoke
the certificate issued by him or her if the Minister is of the opinion that the insurer or guarantor is unable to meet their obligations under the contract of insurance or other financial security referred to in Article 12 of the Wreck Removal Convention, or that the contract of insurance or other financial security does not satisfy the requirements of that Article. Towing 26 (1) Subject to the regulations, the Minister may, on any terms and conditions that he or she considers necessary, exempt a vessel that is not registered, listed, recorded or licensed from the application of section 24, for the period during which it is being towed, if he or she is satisfied that a contract of insurance or other financial security in an amount equal to that set out in paragraph 1 of Article 12 of the Wreck Removal Convention will be in force in respect of the vessel while it is being towed and the insurer or guarantor will be able to meet their obligations under the contract of insurance or other financial security.
Proof to be produced on request (2) The master, a crew member or any person on board
who is, or appears to be, in charge of the vessel that is towing a vessel that has been exempted under subsection (1) must produce proof of the exemption and give details of it at the request of an enforcement officer or the Minister of Fisheries and Oceans.
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PART 2
Vessels and Wrecks of Concern Interpretation Definitions 27 The following definitions apply in this Part.
dilapidated vessel means a vessel that meets any prescribed criteria and (a) is significantly degraded or dismantled; or (b) is incapable of being used for safe navigation.
(bâtiment délabré) hazard means any condition or threat that may reasonably be expected to result in harmful consequences to the environment, coastlines, shorelines, infrastructure or any other interest, including the health, safety, well-being and economic interests of the public. It does not include harmful consequences that are excluded by the regulations. (danger) wreck means (a) a vessel, or part of a vessel, that is sunk, partially
sunk, adrift, stranded or grounded, including on the shore; or (b) equipment, stores, cargo or any other thing that is
or was on board a vessel and that is sunk, partially sunk, adrift, stranded or grounded, including on the shore. (épave)
Application Application 28 Unless otherwise provided, this Part applies in respect of (a) wrecks and Canadian vessels in Canadian waters and in the exclusive economic zone of Canada; and (b) all other vessels in Canadian waters.
Exclusions 29 This Part does not apply in respect of vessels that are
less than 5.5 m in length and are designed to be primarily
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human-powered or wind-powered, including those that have become wrecks.
Prohibitions Dilapidated vessel 30 (1) It is prohibited for an owner of a dilapidated vessel to leave it stranded, grounded, including on the shore, anchored or moored in the same location — or within a radius of three nautical miles of, or, if a radius is prescribed, within that prescribed radius of that location — for a period of 60 consecutive days or, if a number of consecutive days is prescribed, that number of consecutive days.
Exception — consent (2) An owner of a dilapidated vessel does not contravene
subsection (1) if they obtain the express consent to leave the vessel, at each location where the vessel is situated during the period referred to in that subsection, of a person that has the authority to give that consent as owner, manager or lessee of the location. The onus of proving that consent is on the owner of the dilapidated vessel.
Measures (3) If subsection (1) has been contravened, the Minister may (a) take the measures that he or she considers necessary in respect of the dilapidated vessel or its contents, including repairing, securing, moving or removing the vessel or its contents or selling, dismantling, destroying or otherwise disposing of them; (b) monitor the measures taken by any person in respect of the dilapidated vessel or its contents; and (c) if he or she considers it necessary to do so, direct
any person or vessel to take measures referred to in paragraph (a) or to refrain from doing so.
Vessel adrift 31 It is prohibited for an owner of a vessel to leave it adrift for a period of 48 hours without taking measures to secure it.
Abandoned vessel 32 (1) It is prohibited for an owner of a vessel to abandon it.
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Presumption — abandonment (2) An owner of a vessel is, in the absence of evidence to
the contrary, presumed to have abandoned it if they leave the vessel unattended for a period of two years. For greater certainty (3) For greater certainty and despite subsection (2), it is not necessary for an owner to leave a vessel unattended for a period of two years for the owner to be found to have contravened subsection (1).
Exception (4) An owner of a vessel who abandons it does not contravene subsection (1) if (a) the abandonment is in accordance with a Canadian permit, as defined in subsection 122(1) of the Canadian Environmental Protection Act, 1999, authorizing the disposal of the vessel; (b) the abandonment is in accordance with any other Act of Parliament or of the legislature of a province; (c) the abandonment is temporary and necessary to
avert a danger to human life; or (d) it is a wreck, as defined in Article 1 of the Wreck Removal Convention, and its owner complies with Part 1.
Vessel becoming wreck 33 It is prohibited for an owner of a vessel to let it become a wreck by reason of failing to maintain it. Sinking, stranding or grounding vessel 34 (1) It is prohibited for a person in charge of a vessel
to knowingly cause it to sink or partially sink or to be stranded or grounded, including on the shore. Exception (2) A person in charge of a vessel that knowingly causes
it to sink or partially sink or to be stranded or grounded, including on the shore, does not contravene subsection (1) if (a) they do so in accordance with any other Act of Parliament or of the legislature of a province; (b) they cause it to sink in accordance with a Canadian permit, as defined in subsection 122(1) of the Canadian Environmental Protection Act, 1999, authorizing the disposal of the vessel; or
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(c) they cause it to be stranded or grounded so as to
avert a danger to human life.
Sale, destruction or other disposition 35 The Minister may sell, destroy or otherwise dispose of a vessel that is abandoned.
Measures Minister of Fisheries and Oceans — general powers 36 If the Minister of Fisheries and Oceans has reasonable grounds to believe that a vessel or wreck poses, or may pose, a hazard, he or she (a) may take the measures that he or she considers
necessary to prevent, mitigate or eliminate the hazard, including by repairing, securing, moving or removing of the vessel, the wreck or their contents or selling, dismantling, destroying or otherwise disposing of them; (b) may monitor the measures taken by any person to
prevent, mitigate or eliminate the hazard; and (c) if he or she considers it necessary to do so, may direct any person or vessel to take measures referred to in paragraph (a) or to refrain from doing so.
Power related to dilapidated vessel 37 (1) The Minister of Fisheries and Oceans may direct
the authorized representative of a dilapidated vessel or, in the absence of an authorized representative, its owner, to repair, secure, move, remove, dismantle or destroy it or its contents in accordance with that Minister’s directions if the vessel is (a) in a scheduled harbour, as defined in section 2 of the Fishing and Recreational Harbours Act; or (b) on any property belonging to Her Majesty in right
of Canada for which the Minister of Fisheries and Oceans is responsible. Power related to dilapidated vessel (2) The Minister may direct the authorized representative of a dilapidated vessel or, in the absence of an authorized representative, its owner, to repair, secure, move, remove, dismantle or destroy it or its contents in accordance with the Minister’s directions if the vessel is
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(a) located in a public port or public port facility, as
defined in subsection 2(1) of the Canada Marine Act; or (b) on any property belonging to Her Majesty in right of Canada, other than a scheduled harbour or property referred to in subsection (1).
Failure to comply with direction (3) If the measures referred to in subsection (1) or (2) are not taken in accordance with the directions given, the Minister who gave them (a) may take the measures that he or she considers
necessary, including repairing, securing, moving or removing the vessel or its contents or selling, dismantling, destroying or otherwise disposing of them; (b) may monitor the measures taken by any person in respect of the dilapidated vessel or its contents; and (c) if he or she considers it necessary to do so, may direct any person or vessel to take measures referred to in paragraph (a) or to refrain from doing so.
Authorized representative or owner unknown or not located (4) If the authorized representative or, in the absence of an authorized representative, the owner, is unknown or cannot be located, the Minister of Fisheries and Oceans or the Minister, as the case may be, may take any of the measures referred to in paragraphs (3)(a) to (c).
Authorization to take possession 38 (1) If any vessel or other thing is wrecked, sunk, partially sunk, stranded, grounded, including on the shore, or abandoned in Canadian waters, the Minister may, for a purpose that he or she specifies and subject to any conditions that he or she considers appropriate, authorize any person to take possession of all or part of the vessel or thing, for the benefit of that person or the public. Notification (2) The Minister must not authorize a person to take
possession of all or part of the vessel or thing under subsection (1) unless the person has given 30 days’ notice, in the form and manner specified by the Minister, of their intention to do so (a) to its owner; or
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(b) to the public, if its owner is unknown or cannot be located.
Consent not required (3) A person that is authorized to take possession of a
vessel under subsection (1) is not required to obtain the consent of its owner to register the vessel or obtain a pleasure craft license for it under the Canada Shipping Act, 2001.
Disposition of Vessel, Wreck or Contents Disposition of vessel, wreck or contents 39 The Minister or the Minister of Fisheries and Oceans may sell, dismantle, destroy or otherwise dispose of a vessel, a wreck or their contents under paragraph 30(3)(a), section 35, paragraph 36(a) or 37(3)(a) or subsection 37(4) only if (a) 30 days have elapsed after the day on which notice
of his or her intention to dispose of it was given to (i) the public, (ii) the authorized representative of the vessel or, in the absence of an authorized representative, its owner, if known, (iii) the owner of the wreck or the contents, if
known, (iv) the holder of any mortgage or hypothec against the vessel that is registered on the register in which the vessel is recorded, (v) the holder of any maritime lien against the vessel or the holder of any similar interest or right, if known, and (vi) the holder of any lien against the contents or the holder of any similar interest or right, if known; (b) the vessel, the wreck or their contents are, in his or
her opinion, likely to deteriorate rapidly; or (c) the disposition is made under paragraph 36(a) and the Minister of Fisheries and Oceans is of the opinion that it must be made in a period of less than 30 days to prevent, mitigate or eliminate the hazard.
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At risk, cost and expense of owner 40 The disposition is at the risk, cost and expense of the
owner of the vessel, wreck or contents.
Payment of proceeds 41 If a vessel, a wreck or their contents are disposed of under paragraph 30(3)(a), section 35, paragraph 36(a) or 37(3)(a) or subsection 37(4), any surplus remaining from the proceeds of the disposition after deducting the costs and expenses incurred in respect of the disposition must be paid to the Minister or the Minister of Fisheries and Oceans, in respect of all costs and expenses incurred in taking any other measures under subsection 30(3), section 35 or 36 or subsection 37(3) or (4), and to the holders, if known at the time of the disposition, of any mortgages, hypothecs, maritime liens or other interests or rights that are in existence at the time of the disposition, and any amount that remains must be paid to the owner of the vessel, the wreck or their contents or, if proceedings have been commenced under this Act, must be retained by the Minister or the Minister of Fisheries and Oceans, as the case may be, pending the outcome of the proceedings.
Federal Court directions 42 The Minister or the Minister of Fisheries and Oceans may apply to the Federal Court for directions as to the allocation of the surplus referred to in section 41.
Clear title 43 When a vessel, a wreck or their contents are sold or otherwise disposed of under paragraph 30(3)(a), section 35, paragraph 36(a) or 37(3)(a) or subsection 37(4), the Minister or the Minister of Fisheries and Oceans may give the person acquiring it a valid title to the vessel, the wreck or their contents free from any mortgage, hypothec, maritime lien or other interest or right that is in existence at the time of the disposition.
Compensation and Liability Compensation 44 Compensation must be paid by Her Majesty in right
of Canada to any vessel or person that has complied with a direction issued under paragraph 30(3)(c), 36(c) or 37(3)(c) or subsection 37(4), other than (a) an owner that contravened subsection 30(1);
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(b) an authorized representative or owner that was
the subject of a direction under subsection 37(1) or (2); or (c) a vessel or wreck that was the subject of measures under section 36 or subsection 37(3) or (4), or the person in charge of that vessel or wreck.
Liability of owner 45 (1) The owner of a vessel or wreck is liable for the costs and expenses incurred by (a) the Minister (i) in respect of measures taken under paragraph
30(3)(a), section 35, paragraph 37(3)(a) or subsection 37(4) and any loss or damage caused by those measures, (ii) in respect of any monitoring under paragraph
30(3)(b) or 37(3)(b) or subsection 37(4), (iii) in relation to any direction given under paragraph 30(3)(c) or 37(3)(c) or subsection 37(4), and (iv) in relation to the use of property under subsection 86(5); (b) the Minister of Fisheries and Oceans (i) in respect of measures taken under paragraph
36(a) (including any costs and expenses incurred by the Minister of Fisheries and Oceans in determining whether a vessel or wreck poses a hazard, if he or she determined that it posed one) or 37(3)(a) or subsection 37(4) and any loss or damage caused by those measures, (ii) in respect of any monitoring under paragraph
36(b) or 37(3)(b) or subsection 37(4), (iii) in relation to any direction given under paragraph 36(c) or 37(3)(c) or subsection 37(4), and (iv) in relation to the use of property under subsection 86(5); and (c) any other person, in cases where no compensation is paid by Her Majesty in right of Canada, (i) in respect of the measures that they were directed to take or to refrain from taking under paragraph 30(3)(c), 36(c) or 37(3)(c) or subsection 37(4) and any loss or damage caused by those measures, and
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(ii) in respect of any loss or damage caused by the
use of property under subsection 86(5).
Limitation or prescription period (2) No action lies in respect of the liability referred to in subsection (1) if it is commenced more than six years after the day on which the first measure was taken in respect of the vessel or wreck under any of paragraphs 30(3)(a) to (c), section 35, paragraphs 36(a) to (c) and 37(3)(a) to (c) and subsections 37(4) and 86(5).
Liability for costs and expenses (3) If there is more than one owner of a vessel or wreck,
the owners are jointly and severally, or solidarily, liable for the costs and expenses referred to in subsection (1).
Miscellaneous Direction to vessel 46 For the purposes of this Part, a direction is deemed to
have been given to the vessel and is binding on it if (a) the direction is given to the authorized representative or a person in charge of the vessel; or (b) in the case of a direction that cannot be given to
any person referred to in paragraph (a) despite reasonable efforts having been made to do so, a copy of it is posted on any conspicuous part of the vessel. Inconsistency — Part 1 47 (1) In the event of any inconsistency between Part 1 and this Part, Part 1 prevails to the extent of the inconsistency.
Inconsistency — directions (2) Any direction under this Part that is inconsistent with a direction under any other Act of Parliament is void to the extent of the inconsistency.
PART 3
Salvage Interpretation Definitions 48 (1) The following definitions apply in this Part.
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Crown vessel means a vessel that is owned by or is in the exclusive possession of Her Majesty in right of Canada. (bâtiment appartenant à Sa Majesté) Salvage Convention means the International Convention on Salvage, 1989, signed at London on April 28, 1989 and set out in Part 1 of Schedule 2. (Convention sur l’assistance) Clarification (2) For the purposes of the application of the Salvage Convention, any reference to a “State Party” in the provisions referred to in subsection 50(1) is, for greater certainty, to be read as including Canada.
Application Vessels 49 This Part applies in respect of vessels registered, listed, recorded or licensed under the Canada Shipping Act, 2001, wherever they are, and in respect of all other vessels in Canadian waters.
Salvage Convention Salvage Convention 50 (1) Subject to the reservations that Canada made and that are set out in Part 2 of Schedule 2, Articles 1 to 9, paragraphs 1 and 3 of Article 10 and Articles 11 to 26 of the Salvage Convention have the force of law in Canada.
Inconsistent laws (2) In the event of any inconsistency between the Salvage Convention and this Act or the Canada Shipping Act, 2001 or the regulations made under those Acts, the Convention prevails to the extent of the inconsistency.
Salvage by Crown Vessels When salvage services may be claimed 51 (1) In the case of salvage services rendered by or with the aid of a Crown vessel, Her Majesty in right of Canada and the master and crew members of the Crown vessel may claim salvage for salvage services only if the Crown vessel is a tug or is specially equipped with a salvage plant.
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Rights and limitations (2) In respect of salvage services that may be claimed under subsection (1), (a) Her Majesty and the master and crew members
have the same rights and remedies in respect of salvage services as any other salvor would have had if the vessel had belonged to that other salvor; and (b) no claim for salvage services by the master or a crew member of a Crown vessel may be finally adjudicated unless the consent of the Governor in Council to the institution of proceedings in respect of the claim is proved.
Time for giving consent (3) For the purposes of paragraph (2)(b), the consent of
the Governor in Council may be given at any time before final adjudication. Evidence of consent (4) Any document that purports to give the consent of
the Governor in Council for the purposes of paragraph (2)(b) is evidence of that consent. Claim dismissed if no consent (5) If proceedings in respect of a claim are instituted by
the master or a crew member and the consent of the Governor in Council is not proved, the claim must be dismissed with costs. Governor in Council may accept offers of settlement 52 (1) The Governor in Council may, on the recommendation of the Attorney General of Canada, accept, on behalf of Her Majesty in right of Canada and the master or a crew member, offers of settlement made with respect to claims for salvage services rendered by Crown vessels.
Distribution (2) The proceeds of a settlement made under subsection
(1) must be distributed in the manner that the Governor in Council specifies.
Limitation or Prescription Period for Salvage Proceedings Proceedings within two years 53 (1) No action in respect of salvage services may be
commenced more than two years after the date that the salvage services were rendered.
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Extension of period by court (2) The court having jurisdiction to deal with an action to which this section relates may, in accordance with the rules of court, extend the period described in subsection (1) to the extent and on the conditions that it considers appropriate.
Aircraft Aircraft treated as if vessel 54 The provisions of this Part with respect to salvage apply in respect of aircraft on or over Canadian waters as they apply in respect of vessels, with any modifications that the circumstances require.
Rights of Salvors Salvage 55 Compliance with section 130, 131 or 132 of the
Canada Shipping Act, 2001 does not affect the right of a master or of any other person to salvage.
PART 4
Receiver of Wreck Interpretation Definition of wreck 56 In this Part, wreck includes (a) jetsam, flotsam, lagan and derelict and any other thing that was part of or was on a vessel wrecked, stranded or in distress; and (b) aircraft wrecked in waters and anything that was part of or was on an aircraft wrecked, stranded or in distress in waters.
Designation of Receivers of Wreck Designation 57 (1) The Minister may designate persons or classes of
persons as receivers of wreck.
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Authorization (2) A receiver of wreck may authorize any person or class of persons to exercise any of their powers or perform any of their duties or functions.
Finding or Bringing Wreck into Canada Obligation to report 58 (1) A person must report a wreck whose owner is unknown or cannot be located to a receiver of wreck, in the form and manner specified by the receiver of wreck, (a) as soon as feasible after taking possession of it under paragraph (3)(a); (b) before taking possession of it, other than under paragraph (3)(a), if the wreck was found in Canada; or (c) as soon as feasible, if the person brings the wreck
into Canada.
Exception (2) Subsection (1) does not apply in respect of a wreck
that is a thing that could not reasonably be expected to be identified as having been part of or on a vessel or aircraft.
Finding wreck (3) It is prohibited for a person that finds a wreck in
Canada whose owner is unknown or cannot be located to take possession of it unless (a) the wreck is in danger and the possession is necessary to secure or otherwise protect it; or (b) that person has been authorized to do so by the receiver of wreck under paragraph (4)(a).
Powers of receiver of wreck (4) On receipt of a report referred to in subsection (1), a
receiver of wreck may (a) authorize the person that made the report to take possession of the wreck; (b) direct the person that made the report to (i) provide any additional information that the receiver specifies,
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(ii) take the measures with respect to the wreck — other than selling, dismantling, destroying or otherwise disposing of it — that the receiver specifies, including delivering it to the receiver or keeping it in their possession, in accordance with his or her instructions, and (iii) take the measures that the receiver specifies to determine the owner of the wreck, including giving notice that the wreck was reported, in the form and manner that the receiver considers appropriate; and (c) take, or authorize any other person to take, the
measures with respect to the wreck — other than selling, dismantling, destroying or otherwise disposing of it — that the receiver considers appropriate. Salvage award 59 (1) The following persons are entitled to a salvage
award to be determined by the receiver of wreck: (a) a person that took possession of a wreck and that was authorized to do so under paragraph 58(4)(a); and (b) a person that reported a wreck under paragraph
58(1)(a) or (c). Nature of award (2) The salvage award may consist of the wreck, part of
the wreck or all or part of the proceeds of its disposition.
Reimbursement of costs and expenses (3) A person that has complied with a direction given to
them under subparagraph 58(4)(b)(iii) or that has taken a measure under paragraph 58(4)(c) is entitled to the reimbursement of any costs and expenses incurred by them in doing so from the person that pays them under paragraph 61(d) or, if no payment is made under that paragraph, from the receiver of wreck. Prohibition — selling, dismantling, etc. 60 (1) Except as authorized under this Part, it is prohibited for a person to sell, dismantle, destroy or otherwise dispose of a wreck that was required to be reported under subsection 58(1).
Prohibition — concealing or disguising (2) It is prohibited for a person to conceal a wreck, or use
any means to disguise or conceal the fact that anything is a wreck, if the person knows that it has not been reported to a receiver of wreck under subsection 58(1).
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Claim to wreck 61 A receiver of wreck must release a wreck or pay the
proceeds of its disposition under subsection 63(1) to a person that claims ownership of the wreck and that (a) submits, in the form and manner specified by the Minister, a claim to the receiver within 30 days after the day on which notice was given under paragraph 63(1)(a); (b) establishes their claim to the satisfaction of the receiver; (c) pays to the receiver the receiver’s costs and expenses and the prescribed fees; (d) pays to the person entitled to a reimbursement under subsection 59(3) the costs and expenses referred to in that subsection; and (e) pays to the person entitled to the salvage award
under subsection 59(1) the salvage award determined by the receiver. Interpleader in case of wreck 62 (1) If two or more persons claim a wreck or proceeds
of the disposition of a wreck, or if a person disputes the amount or value of the salvage award determined by the receiver of wreck, any court having jurisdiction in civil matters to the value or amount in question may hear and determine the matter.
Maximum award (2) A salvage award that a court makes under subsection
(1) must not exceed the value of the wreck.
Disposition of Wrecks When wrecks may be disposed of 63 (1) A receiver of wreck may sell, dismantle, destroy
or otherwise dispose of a wreck that was the subject of a report referred to in subsection 58(1), or authorize its disposition, only if (a) 30 days have elapsed after the day on which notice was given that the wreck was reported; or (b) in the opinion of the receiver, the wreck is likely to
deteriorate rapidly.
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Proceeds held by receiver of wreck (2) The proceeds, if any, of a disposition under subsection (1) must be held by the receiver of wreck for not less than 30 days after the day on which the disposition occurred. Payment to Receiver General (3) The proceeds of a disposition under subsection (1) must be paid, less the amounts described in paragraphs 61(c) to (e), to the Receiver General (a) if no claim has been submitted in accordance with paragraph 61(a); or (b) if a claim to the wreck has not been established
within the period that the receiver of wreck considers appropriate. Consent not required 64 A person that has been awarded all or part of a wreck
under section 59 or that obtains a wreck under section 63 is not required to obtain the consent of its owner to register it as a vessel or obtain a pleasure craft licence for it under the Canada Shipping Act, 2001.
Unpaid salvage award, fees, etc. 65 If a person has established a claim to a wreck, but has
not paid the salvage award or the costs and expenses described in paragraphs 61(c) to (e) within 30 days after the day on which the receiver of wreck notified the person that the amounts were due, the receiver may sell, dismantle, destroy or otherwise dispose of all or part of the wreck and, if it is disposed of, must pay, from the proceeds of the disposition, the expenses of the disposition and the award and the costs and expenses described in paragraphs 61(c) to (e), and release whatever remains of the wreck and pay any amount that remains from the proceeds to that person.
General Prosecutions or violations 66 In any proceeding related to a contravention of this
Part, it is not necessary to identify the wreck as the property of a particular person or as coming from a particular vessel.
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PART 5
Administration and Enforcement Measures Relating to Hazards Minister of Fisheries and Oceans — authority to enter 67 (1) The Minister of Fisheries and Oceans may, in exercising the powers referred to in sections 21, 22 and 36 or for the purposes of determining whether a vessel or wreck poses, or may pose, a hazard, enter a place, including a vessel or wreck.
Powers on entry (2) The Minister of Fisheries and Oceans may, in exercising those powers or for that purpose, (a) examine the place and anything in the place; (b) use any means of communication or cause it to be
used; (c) use any computer system or data processing system, or cause it to be used, to examine data contained in or available to it; (d) prepare or cause to be prepared any record, in the form of a printout or other intelligible output, from the data; (e) direct any person to produce for inspection, or for
the purposes of making copies or taking extracts, any document; (f) use any copying equipment or cause it to be used; (g) conduct tests or analyses; (h) take measurements or samples; (i) take photographs or make recordings or sketches; (j) remove anything for the purposes of examination,
testing or copying; (k) direct any person to put anything into operation or to cease operating it; (l) prohibit or limit access to all or part of the place or to anything in the place; and (m) direct any person to establish their identity to his
or her satisfaction.
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Minister of Fisheries and Oceans — other powers (3) The Minister of Fisheries and Oceans, in exercising the powers referred to in sections 21, 22 and 36 or for the purposes of determining whether a vessel or wreck poses, or may pose, a hazard, may (a) direct any person to provide any information; and (b) direct the vessel, if it is about to enter or is within
Canadian waters or in the exclusive economic zone of Canada, (i) to stop, (ii) to provide any information, (iii) to proceed through those waters or to the place
that he or she may specify within those waters, by the route and in the manner that he or she may specify, and to moor, anchor or remain there for any reasonable period that he or she may specify, (iv) to proceed out of those waters, by the route
and in the manner that he or she may specify, or (v) to remain outside those waters.
Emergency zone (4) The Minister of Fisheries and Oceans may, if he or
she has reasonable grounds to believe that a vessel or wreck poses a hazard that is grave and imminent, declare an emergency zone, the size of which is reasonable with regard to the seriousness of the situation, and (a) direct any vessel within that emergency zone to report its position to him or her; (b) direct any person or vessel to leave or not to enter
the emergency zone or any vessel not to leave the emergency zone; and (c) direct any vessel within the emergency zone in respect of routes, speed limits and pilotage and equipment requirements.
Exclusive economic zone (5) Every power that may be exercised in Canada under
this section may be exercised in the exclusive economic zone of Canada.
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Disposition of samples 68 (1) The Minister of Fisheries and Oceans may dispose of a sample taken under paragraph 67(2)(h) in any manner that he or she considers appropriate or may submit it for analysis or examination to any person that he or she considers appropriate. Certificate or report (2) A person that has made an analysis or examination under subsection (1) may issue a certificate or report that sets out the results of the analysis or examination.
Return of anything removed 69 (1) Anything removed under paragraph 67(2)(j) must be returned as soon as feasible after it is no longer required for the purpose for which it was taken unless (a) the thing, in the opinion of the Minister of Fisheries and Oceans, is no longer useful; or (b) the owner is unknown or cannot be located.
Thing not returned (2) The Minister of Fisheries and Oceans may dispose of anything that is not returned under subsection (1), in the manner that he or she considers appropriate, and any proceeds realized from the disposition are to be paid to the Receiver General.
Interference 70 Unless authorized by the Minister of Fisheries and
Oceans, it is prohibited for a person to knowingly move, alter or interfere in any way with a sample taken under paragraph 67(2)(h) or anything removed under paragraph 67(2)(j).
Designation of Enforcement Officers Designation by Minister 71 The Minister may designate persons or classes of persons as enforcement officers for the purposes of the administration and enforcement of all or part of this Act — other than subsection 19(1), section 20, subsection 21(1), paragraph 36(c), subsection 37(1), paragraphs 67(2)(e), (k) and (m), subsections 67(3) and (4) and section 70 — and may limit in any manner that he or she considers appropriate the powers that the officers may exercise under this Act.
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Chapter 1: Wrecked, Abandoned or Hazardous Vessels Act PART 5 Administration and Enforcement Designation of Enforcement Officers Sections 72-74
Designation by Minister of Fisheries and Oceans 72 The Minister of Fisheries and Oceans may designate
persons or classes of persons as enforcement officers for the purposes of the administration and enforcement of all or part of subsection 19(1), section 20, subsection 21(1), paragraph 36(c), subsection 37(1), paragraphs 37(3)(c), 67(2)(e), (k) and (m), subsections 67(3) and (4) and sections 70, 87 and 88 and may limit in any manner that he or she considers appropriate the powers that the officers may exercise under this Act.
Certificate of designation 73 The Minister or the Minister of Fisheries and Oceans, as the case may be, must provide every enforcement officer with a certificate of their designation and, if the officer’s powers are limited under section 71 or 72, the certificate must specify the powers that the officer may exercise.
Compliance Measures Authority to enter 74 (1) An enforcement officer may, for a purpose related
to verifying compliance or preventing non-compliance with this Act, enter a place, including a vessel or wreck, in which the enforcement officer has reasonable grounds to believe that (a) there is anything to which this Act applies; (b) there has been carried on, is being carried on or is
likely to be carried on any activity in respect of which this Act applies; or (c) there is any book, record, electronic data or other
document relating to the application of this Act.
Powers on entry (2) The enforcement officer may, for that purpose, (a) examine the place and anything in the place; (b) use any means of communication or cause it to be used; (c) use any computer system or data processing system, or cause it to be used, to examine data contained in or available to it; (d) prepare or cause to be prepared any record, in the
form of a printout or other intelligible output, from the data;
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(e) direct any person to produce for inspection, or for
the purposes of making copies or taking extracts, any document; (f) use any copying equipment or cause it to be used; (g) conduct tests or analyses; (h) take measurements or samples; (i) take photographs or make recordings or sketches; (j) remove anything for the purposes of examination,
testing or copying; (k) direct any person to put anything into operation or to cease operating it; (l) prohibit or limit access to all or part of the place or to anything in the place; and (m) direct any person to establish their identity to the
enforcement officer’s satisfaction.
Powers — direction to provide information (3) An enforcement officer may, for a purpose related to
verifying compliance or preventing non-compliance with this Act, (a) direct any person to provide any information; and (b) direct a vessel, if it is about to enter or is within Canadian waters or in the exclusive economic zone of Canada, to provide any information.
Powers — direction to vessel (4) If an enforcement officer has reasonable grounds to
believe that an offence under this Act has been committed, they may direct a vessel that is about to enter or is within Canadian waters or in the exclusive economic zone of Canada (a) to stop; (b) to proceed through those waters or to the place
within those waters that they may specify, by the route and in the manner that they may specify, and to moor, anchor or remain there for any reasonable period that they may specify; (c) to proceed out of those waters, by the route and in
the manner that they may specify; or
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(d) to remain outside those waters.
Exclusive economic zone (5) Every power that may be exercised in Canada under
this section may be exercised in the exclusive economic zone of Canada. Entering living quarters 75 (1) An enforcement officer must not enter living quarters under subsection 74(1) without the consent of the occupant except under the authority of a warrant issued under subsection (2), unless they have reasonable grounds to believe that the living quarters are not being lived in or are located on an abandoned vessel.
Authority to issue warrant (2) On ex parte application, a justice of the peace may issue a warrant authorizing an enforcement officer to enter living quarters, subject to any conditions that may be specified in the warrant, if the justice is satisfied by information on oath that (a) the living quarters are a place referred to in subsection 74(1); (b) entry to the living quarters is necessary for a purpose related to verifying compliance or preventing non-compliance with this Act; and (c) entry was refused by the occupant or there are reasonable grounds to believe that entry will be refused by, or that consent to entry cannot be obtained from, the occupant.
Use of force (3) In executing a warrant to enter living quarters, an enforcement officer may use force only if the use of force has been specifically authorized in the warrant and they are accompanied by a peace officer. Telewarrant (4) If an enforcement officer believes that it would not be practicable to appear personally to make an application for a warrant under subsection (2), a warrant may be issued by telephone or other means of telecommunication, on information submitted by telephone or other means of telecommunication, and section 487.1 of the Criminal Code applies for that purpose, with any necessary modifications.
Disposition of samples 76 (1) An enforcement officer who takes a sample under paragraph 74(2)(h) may dispose of it in any manner that
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they consider appropriate or may submit it for analysis or examination to any person the Minister considers appropriate. Certificate or report (2) A person that has made an analysis or examination
under subsection (1) may issue a certificate or report that sets out the results of the analysis or examination. Certificate or report admissible in evidence (3) Subject to subsections (4) and (5), the certificate or report is admissible in evidence in any proceeding related to a contravention of this Act and, in the absence of any evidence to the contrary, is proof of the statements contained in it without proof of the signature or official character of the person appearing to have signed it.
Attendance of person (4) The party against whom the certificate or report is produced may, with leave of the court or of the Transportation Appeal Tribunal, require for the purposes of cross-examination the attendance of the person that issued it.
Notice (5) The certificate or report may be admitted in evidence only if the party who intends to produce it has given to the party against whom it is intended to be produced reasonable notice of that intention, together with a copy of the certificate or report.
Return of anything removed 77 (1) Anything removed under paragraph 74(2)(j) must
be returned as soon as feasible after it is no longer required for the purpose for which it was taken unless (a) the thing, in the enforcement officer’s opinion, is no longer useful; or (b) the owner is unknown or cannot be located.
Thing not returned (2) An enforcement officer may dispose of anything that
is not returned under subsection (1), in the manner that they consider appropriate, and any proceeds realized from the disposition are to be paid to the Receiver General. Interference 78 Unless authorized by an enforcement officer, it is prohibited for a person to knowingly move, alter or interfere in any way with a sample taken under paragraph 74(2)(h) or anything removed under paragraph 74(2)(j).
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Seizure 79 For the purpose referred to in subsection 74(1), an
enforcement officer may seize and detain anything (a) by means of which or in relation to which they
have reasonable grounds to believe that any provision of this Act or of the regulations has been contravened; or (b) that they have reasonable grounds to believe will
afford evidence in respect of a contravention of any provision of this Act or of the regulations. Custody of things seized 80 If an enforcement officer seizes a thing, the enforcement officer, or any person that they may designate, must retain custody of the thing, subject to any order made under section 490 of the Criminal Code. Liability for costs and expenses 81 If there is more than one owner of a thing seized or
forfeited under this Act, the owners are jointly and severally, or solidarily, liable for the amount due or payable in respect of the costs and expenses resulting from the seizure, forfeiture or disposition of the thing in excess of any proceeds of disposition of the thing that have been forfeited to Her Majesty in right of Canada under this Act. Detention order 82 (1) An enforcement officer may order the detention of a vessel, including one that has become a wreck, if they have reasonable grounds to believe that an offence under this Act has been committed by or in respect of the vessel.
Order in writing (2) A detention order must be in writing and be addressed to every person empowered to grant clearance to the vessel. Service of detention order notice (3) Subject to subsection (4), notice of a detention order
must be served on the authorized representative of the vessel or, in the absence of an authorized representative, a person in charge of the vessel (a) by delivering a copy of the notice to the authorized representative or a person in charge, as the case may be; or (b) if service cannot reasonably be effected in the manner provided in paragraph (a), by posting a copy of the notice on any conspicuous part of the vessel.
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Public notice of detention order (4) If service cannot reasonably be effected in the manner provided in paragraph (3)(a) or (b), public notice of the detention order is to be given.
Contents of notice (5) The notice must indicate (a) any measures to be taken for the detention order to be rescinded; and (b) the amount and form of any security that is to be deposited with the Minister.
Notification of foreign state (6) If the vessel that is subject to a detention order is registered in a foreign state, that state is to be notified that the order was made. Movement of vessel prohibited (7) Subject to subsection 84(1), it is prohibited for a person to move a vessel that is subject to a detention order.
Granting clearance prohibited (8) It is prohibited for a person to whom a detention order is addressed, after they have received notice of the order, to grant clearance to the vessel that is subject to the order unless they have been notified that the order has been rescinded. Rescission of orders (9) An enforcement officer may rescind a detention order
if, in their opinion, it would be in the public interest to do so. However, an enforcement officer must rescind a detention order if they are satisfied that the measures indicated in the notice referred to in subsection (5) have been taken and, if applicable, security in the amount and form indicated in the notice has been deposited with the Minister. Notice of rescission (10) An enforcement officer who rescinds a detention order must notify, in the form and manner specified by the Minister, the persons referred to in subsection (2) and the persons on whom the notice was served under paragraph (3)(a) of the rescission.
Liability for costs and expenses (11) The authorized representative of a vessel that is
subject to a detention order or, in the absence of an authorized representative, the owner of that vessel is liable
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for all costs and expenses incurred in respect of the detention. Return of security (12) If, in the Minister’s opinion, the matter has been resolved, he or she (a) may apply the security to reimburse or pay Her
Majesty in right of Canada, either fully or partially, if any of the costs and expenses resulting from the detention of the vessel or any fine or penalty imposed under this Act has not been paid; and (b) is to return the security, or any part of it that remains if it is applied under paragraph (a), if all costs and expenses and any fine or penalty imposed under this Act have been paid. Interference with service of notice 83 It is prohibited for a person to intentionally interfere
with the service of a notice of a detention order. Permission or direction to move vessel 84 (1) The Minister may, in respect of a vessel that is
subject to a detention order, (a) on application made by the authorized representative of the vessel or, in the absence of an authorized representative, the person in charge of the vessel, permit the vessel to be moved in accordance with the Minister’s directions; and (b) on application made by the owner of a dock or wharf — or by the person in charge of a place — at which the detained vessel is situated, direct the authorized representative or person in charge of the vessel to move it in accordance with the Minister’s directions.
Non-compliance with paragraph (1)(b) (2) If a person does not comply with a direction given to
them under paragraph (1)(b) and the Minister is satisfied that the applicant for the direction has sufficient insurance in place to cover any incident that may arise from the moving of the vessel, the Minister may authorize the applicant to move the vessel in accordance with the Minister’s directions and at the expense of the authorized representative or, in the absence of an authorized representative, the owner. References 85 For the purposes of sections 82 to 84, in the case of a wreck that is subject to Part 4, a reference to the owner or person in charge is to be read as a reference to a person that has possession of the wreck.
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Provisions Related to Entry Accompanying persons 86 (1) If an enforcement officer or the Minister of Fisheries and Oceans enters a place under subsection 67(1) or 74(1), as the case may be, they may be accompanied by any other person whom they believe is necessary to help them in the exercise of their powers or the performance of their duties or functions under this Act.
Entry on private property — Minister (2) The Minister and any person accompanying him or
her may enter private property – other than a dwellinghouse – and pass through it, including with vehicles and equipment, in order to take the measures referred to in subsection 30(3) or section 35. Entry on private property — enforcement officer (3) An enforcement officer and any person accompanying them may enter private property – other than a dwelling-house – and pass through it, including with vehicles and equipment, in order to gain entry to the place referred to in subsection 74(1).
Entry on private property — Minister of Fisheries and Oceans (4) The Minister of Fisheries and Oceans and any person
accompanying him or her may enter private property – other than a dwelling-house – and pass through it, including with vehicles and equipment, in order to gain entry to the place referred to in subsection 67(1). Use of property (5) If required, the Minister or the Minister of Fisheries
and Oceans may use property adjacent to or in the vicinity of the vessel or wreck for the purposes of repairing, securing, moving, removing, dismantling or destroying the vessel, the wreck or their contents.
Compensation (6) Her Majesty in right of Canada may compensate the
owner of a property, or any person that has, either by law or by contract, the rights of the owner of that property in respect of its possession and use, for any loss or damage caused by the use of that property under subsection (5) that exceeds the value of the benefit derived by the owner or person, as the case may be, from the fact that, through the use of that property, the vessel, the wreck or their contents were repaired, secured, moved, removed, dismantled or destroyed.
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Duty to assist 87 The owner of a place that is entered by the Minister of Fisheries and Oceans under subsection 67(1) or by an enforcement officer under subsection 74(1), the person in charge of the place and every person in it must give all assistance to the enforcement officer or that Minister that is reasonably required to enable them to exercise their powers or perform their duties or functions under this Act and must provide them with any document or information, or access to any data, that they may reasonably require.
Obstruction Obstruction 88 It is prohibited for a person to knowingly give false or
misleading information either orally or in writing to, or otherwise knowingly obstruct or hinder, the Minister, the Minister of Fisheries and Oceans, an enforcement officer or any person acting on their behalf or under their direction who is exercising powers or performing duties or functions under this Act.
Administrative Monetary Penalties Interpretation Definition of Minister 89 In sections 90 to 108, Minister means the Minister of
Transport, except that (a) it means the Minister of Fisheries and Oceans in
relation to a violation involving (i) the contravention of subsection 19(1) or section
20, or (ii) the contravention of a direction given under
subsection 21(1), paragraph 36(c), subsection 37(1), paragraph 67(2)(e), (k) or (m) or subsection 67(3) or (4); and (b) it means the minister who gave a direction under paragraph 37(3)(c), in relation to a violation involving the contravention of that direction.
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Assurances of Compliance and Notices of Violation Violation — persons 90 (1) Every person that contravenes any of the following commits a violation and is liable to a penalty: (a) subsection 30(1) or 32(1), section 33 or subsection
34(1); (b) subsection 19(1), section 20 or 31 or subsection
58(1) or (3), 60(1) or 82(7) or (8); (c) a direction given under subsection 21(1), paragraph 30(3)(c) or 36(c) or subsection 37(1) or (2); (d) a direction given under paragraph 37(3)(c), 58(4)(b), 67(2)(e), (k) or (m), (3)(a) or (4)(b), 74(2)(e), (k) or (m) or (3)(a) or 84(1)(b); (e) a provision the contravention of which is designated as a violation by a regulation made under paragraph 109(a).
Violation — vessels (2) Every vessel that contravenes any of the following
commits a violation and is liable to a penalty: (a) a direction given under paragraph 30(3)(c) or 36(c); (b) a direction given under paragraph 37(3)(c) or 67(3)(b), subsection 67(4), paragraph 74(3)(b) or subsection 74(4); (c) a provision the contravention of which is designated as a violation by a regulation made under paragraph 109(a). Continuing violation (3) A violation that is committed or continued on more than one day constitutes a separate violation for each day on which it is committed or continued.
Penalty (4) The maximum amount payable as the penalty for
each violation set out in paragraph (1)(a) or (c) or (2)(a) is, in the case of an individual, $50,000, and in the case of any other person or vessel, $250,000.
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Penalty (5) The maximum amount payable as the penalty for
each violation set out in paragraph (1)(b), (d) or (e) or (2)(b) or (c) is, in the case of an individual, $5,000 and, in the case of any other person or vessel, $25,000.
Purpose of penalty (6) The purpose of the penalty is to promote compliance with this Act and not to punish.
Clarification (7) If a contravention of a provision may be proceeded with as a violation or as an offence, proceeding with it in one manner precludes proceeding with it in the other.
Nature of violation (8) For greater certainty, a violation is not an offence
and, accordingly, section 126 of the Criminal Code does not apply in respect of a violation. Due diligence defence — persons (9) A person must not be found to be liable for a violation under this Act, other than in relation to a contravention of subsection 34(1), if they establish that they exercised due diligence to prevent its commission.
Due diligence defence — vessels (10) A vessel must not be found to be liable for a violation under this Act if the person that committed the act or omission that constitutes the violation establishes that they exercised due diligence to prevent its commission.
Assurance of compliance or notice of violation 91 (1) If the Minister has reasonable grounds to believe
that a person or vessel has committed a violation, the Minister may (a) enter into an assurance of compliance with the person or vessel that (i) identifies the violation and provides that the person or vessel will comply with the provision to which the violation relates within the period, and be subject to the terms and conditions, specified in the assurance,
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(ii) sets out the amount and form of any security
that, pending compliance with the assurance, must be deposited with the Minister, and (iii) sets out the penalty that the person or vessel
would have been liable to pay for the violation if the assurance had not been entered into; or (b) issue, and cause to be served on the person or vessel, a notice of violation that names the person or vessel, identifies the violation and sets out (i) the penalty that the person or vessel is liable to
pay for the violation, (ii) the period, being 30 days after the day on which
the notice is served, within which the penalty must be paid or a review must be requested, and (iii) particulars of the manner in which, and the address at which, the penalty must be paid or a review must be requested.
Extension of period (2) The Minister may extend the period specified under
subparagraph (1)(a)(i) if the Minister is satisfied that the person or vessel is unable to comply with the assurance of compliance for reasons beyond the person’s or vessel’s control. Short-form descriptions in notices of violation (3) The Minister may establish, in respect of each violation, a short-form description to be used in notices of violation.
Deemed violation 92 (1) A person or vessel that enters into an assurance
of compliance under paragraph 91(1)(a) is, unless a review is requested under subsection (2), deemed to have committed the violation in respect of which the assurance was entered into. Request for review (2) A person or vessel that enters into an assurance of compliance may, within 48 hours after the assurance is signed, unless a notice of default is served within that period under subsection 94(1), file a request with the Transportation Appeal Tribunal for a review of the facts of the violation, in which case the assurance is deemed to be a notice of violation and a review under paragraph 97(1)(b) of the facts of the violation and of the amount of the penalty is deemed to have been requested.
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When assurance of compliance complied with 93 If the Minister is satisfied that a person or vessel that
has entered into an assurance of compliance under paragraph 91(1)(a) has complied with it, he or she must cause a notice to that effect to be served on the person or vessel and, on the service of the notice, (a) no further proceedings may be taken against the person or vessel with respect to the violation in respect of which the assurance was entered into; and (b) any
security deposited under subparagraph 91(1)(a)(ii) must be returned to the person or vessel.
When assurance of compliance not complied with 94 (1) If the Minister is of the opinion that a person or vessel that has entered into an assurance of compliance under paragraph 91(1)(a) has not complied with it, the Minister may cause a notice of default to be served on the person or vessel to the effect that, unless a member determines under section 95, or an appeal panel decides under section 98, that the assurance has been complied with, (a) the person or vessel is liable to pay double the
amount of the penalty set out in the assurance; or (b) the security deposited under subparagraph 91(1)(a)(ii) is forfeited to Her Majesty in right of Canada.
Contents of notice (2) The notice must include the address at which, and
the date, being 30 days after the day on which the notice is served, on or before which a request for a review may be filed and the particulars concerning the procedure for requesting a review. No set-off (3) On the service of a notice of default, the person or
vessel served has no right of set-off against any amount spent by the person or vessel under the assurance of compliance. Manner of service 94.1 (1) A notice referred to in any of sections 91, 93, 94 and 108 is to be served (a) in the case of an individual, (i) by leaving a copy of it with the individual at any
place or with someone who appears to be an adult member of the same household at the individual’s last known address or usual place of residence or, in the case of an individual under the age of 18, with
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a parent or other person having custody of them or exercising parental authority over them, or (ii) by sending a copy of it by registered mail, courier or fax or other electronic means to the individual’s last known address or usual place of residence; (b) in the case of a person other than an individual, (i) by leaving a copy of it with their representative or with an officer or other individual who appears to control or manage the person’s or representative’s head office or place of business, or (ii) by sending a copy of it by registered mail, courier or fax or other electronic means to their representative, to an individual referred to in subparagraph (i) or to the person’s or representative’s head office or place of business; (c) in the case of a vessel, (i) by delivering a copy of it personally to the master or another individual who is, or appears to be, in charge of the vessel, (ii) by posting a copy of it on any conspicuous part
of the vessel, (iii) by leaving a copy of it with the owner or operator of the vessel, with the owner’s or operator’s representative or with an officer or other individual who appears to control or manage the owner’s, operator’s or representative’s head office or place of business, or (iv) by sending a copy of it by registered mail, courier or fax or other electronic means to the vessel or to a person referred to in subparagraph (i) or (iii) or to their head office or place of business.
Proof of service (2) Service may be proved by (a) an acknowledgement of service signed by or on behalf of the person or vessel served, specifying the date and location of service; (b) a certificate of service, signed by the person who
effected the service, indicating the name of the person
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or vessel served and the means by which and day on which service was effected; or (c) a record of electronic transmission setting out the
date and time of transmission.
Date service effective (3) In the absence of an acknowledgement of service or a
certificate of service, service is considered effective, (a) in the case of service by registered mail or courier,
on the 10th day after the day on which the notice is sent, as indicated on the receipt issued by the postal or courier service; or (b) in the case of service by fax or other electronic
means, on the day on which it is sent, as indicated on the record of transmission.
Request for review 95 (1) A person or vessel served with a notice under
subsection 94(1) may, no later than the date specified in the notice or within any further time that the Transportation Appeal Tribunal on application may allow, file a written request for a review of the Minister’s decision made under that subsection with the Tribunal.
Time and place for review (2) On receipt of the request, the Transportation Appeal
Tribunal must appoint a time and place for the review and must notify the Minister and the person or vessel that filed the request of that time and place in writing. Review procedure (3) The member of the Transportation Appeal Tribunal
who is assigned to conduct the review must provide the Minister and the person or vessel with an opportunity that is consistent with procedural fairness and natural justice to present evidence and make representations. Burden of proof (4) The burden is on the Minister to establish that the
person or vessel did not comply with the assurance of compliance referred to in the notice. The person is not required, and must not be compelled, to give any evidence or testimony in the matter.
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Certain defences not available (5) Despite subsections 90(9) and (10), a person or vessel
does not have a defence by reason that the person or vessel exercised due diligence to comply with the assurance of compliance. Determination by member (6) At the conclusion of the review, the member who
conducts the review may confirm the Minister’s decision or determine that the person or vessel has complied with the assurance of compliance and must without delay inform the parties of his or her decision. Return of security 96 Any
security deposited under subparagraph 91(1)(a)(ii) must be returned to the person or vessel if (a) a notice is served under subsection 94(1) and the
person or vessel pays double the amount of the penalty set out in the assurance of compliance; or (b) a member determines under subsection 95(6), or an appeal panel decides under subsection 98(3), that the assurance has been complied with.
Notice of violation — options 97 (1) A person or vessel served with a notice of violation under paragraph 91(1)(b) must (a) pay the amount of the penalty; or (b) within 30 days after the day on which the notice
was served or any further time that the Transportation Appeal Tribunal on application allows, file with the Transportation Appeal Tribunal a written request for a review of the facts of the violation or the amount of the penalty.
When review not requested (2) If a review is not requested within the period referred to in paragraph (1)(b), or the amount of the penalty is paid, the person or vessel is considered to have committed the violation in respect of which the notice was served and proceedings in respect of the violation are ended.
Time and place for review (3) On receipt of a request filed under paragraph (1)(b), the Transportation Appeal Tribunal must appoint a time and place for the review and must notify the Minister and the person or vessel that filed the request of that time and place in writing.
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Review procedure (4) The member of the Transportation Appeal Tribunal
assigned to conduct the review must provide the Minister and the person or vessel with an opportunity that is consistent with procedural fairness and natural justice to present evidence and make representations. Burden of proof (5) The burden is on the Minister to establish that the person or vessel committed the violation referred to in the notice. The person is not required, and must not be compelled, to give any evidence or testimony in the matter.
Determination by member (6) At the conclusion of the review, the member who
conducts the review must, without delay and in writing, inform the Minister and the person or vessel that is alleged to have committed a violation (a) that the person or vessel has not committed a violation, in which case, subject to section 98, no further proceedings under this Act are to be taken against the person or vessel in respect of the alleged violation; or (b) that the person or vessel has committed a violation and, subject to subsections 90(4) and (5) and regulations made under paragraph 109(b), of the amount determined by the member to be payable to the Transportation Appeal Tribunal by or on behalf of the person or vessel and the period within which it must be paid.
Right of appeal 98 (1) The Minister or the person or vessel that requested the review may, within 30 days after the day on which a determination is made under subsection 95(6) or 97(6), appeal the determination to the Transportation Appeal Tribunal. Loss of right of appeal (2) A party that does not appear at the review hearing is not entitled to appeal the determination, unless they establish that there was sufficient reason to justify their absence.
Disposition of appeal (3) At the conclusion of the review, the appeal panel of
the Transportation Appeal Tribunal that is assigned to hear the appeal may (a) in the case of a determination made under subsection 95(6), dismiss the appeal or allow the appeal and substitute its own decision; or
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(b) in the case of a determination made under subsection 97(6), dismiss the appeal, or allow the appeal and, subject to subsections 90(4) and (5) and regulations made under paragraph 109(b), substitute its own decision. The appeal panel must inform the parties of its decision without delay and must specify the period within which any amount determined by the appeal panel to be payable to the Transportation Appeal Tribunal must be paid.
Recovery of Debts Debts due to Her Majesty 99 (1) The following amounts constitute debts due to Her Majesty in right of Canada that may be recovered in the Federal Court or any other court of competent jurisdiction: (a) the amount of a penalty set out in a notice of violation referred to in paragraph 91(1)(b), from the expiry of the period specified in the notice for the payment of that amount, unless a review is requested under subsection 97(1); (b) the amount of a penalty set out in a notice of default referred to in subsection 94(1), from the time the notice is served, unless a review is requested under subsection 95(1); (c) the amount of a penalty determined by a member under section 97, or decided by an appeal panel under section 98, from the expiry of the period specified in the decision for the payment of that amount; and (d) the amount of any costs and expenses referred to
in subsection (3). Limitation or prescription period (2) Proceedings to recover a debt referred to in subsection (1) may be commenced no later than five years after the day on which the debt becomes payable.
Liability (3) A person or vessel that is liable to pay an amount referred to in paragraph (1)(a), (b) or (c) is also liable for the amount of any costs and expenses incurred in attempting to recover that amount.
Certificate of default 100 (1) All or part of a debt referred to in subsection
99(1) in respect of which there is a default of payment
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may be certified by the Minister or the Transportation Appeal Tribunal, as the case may be. Effect of registration (2) On production to the Federal Court, a certificate
made under subsection (1) is to be registered in that Court and, when registered, has the same force and effect, and proceedings may be taken in connection with it, as if it were a judgment obtained in that Court for a debt of the amount specified in it and all costs and expenses attendant on its registration.
General Proof of violation by vessel 101 It is sufficient proof that a vessel has committed a violation to establish that the act or omission that constitutes the violation was committed by a person in charge of the vessel, whether or not the person has been identified.
Party to violation committed by vessel 102 (1) If a vessel commits a violation under this Act and a person in charge of the vessel directed, authorized, assented to, acquiesced in or participated in the commission of the violation, that person is a party to and liable for the violation, whether or not the vessel has been proceeded against under sections 91 to 100.
Party to violation committed by corporation (2) If a corporation commits a violation under this Act,
any director, officer or agent or mandatary of the corporation that directed, authorized, assented to, acquiesced in or participated in the commission of the violation is a party to and liable for the violation, whether or not the corporation has been identified or proceeded against under sections 91 to 100. Violation by employee or agent or mandatary 103 A person is liable for a violation that is committed
by the person’s employee or agent or mandatary, whether or not the employee or agent or mandatary who actually committed the violation is identified or proceeded against under this Act. Direction to vessel 104 For the purposes of a proceeding against a vessel for
a violation in respect of a contravention of a direction given under this Act, a direction is deemed to have been given to the vessel if
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(a) the direction is given to the authorized representative or a person in charge of the vessel; or (b) in the case of a direction that cannot be given to
any person referred to in paragraph (a) despite reasonable efforts having been made to do so, a copy of it is posted on any conspicuous part of the vessel. Limitation or prescription period 105 No notice of violation may be issued more than two years after the day on which an enforcement officer becomes aware of the violation.
Certificate 106 A document that purports to have been issued by
the enforcement officer and that certifies the day on which they became aware of the violation is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and, in the absence of any evidence to the contrary, is evidence that the enforcement officer became aware of the violation on that day.
Public Record Disclosure of notices of violation and default 107 The Minister must keep a public record of notices of
violation or default, including, with respect to each violation or default, the nature of the violation or default, the name of the person or vessel that committed it and the amount of the penalty.
Notations removed 108 (1) Unless the Minister is of the opinion that it is
not in the public interest to do so, on the fifth anniversary of the day on which the person or vessel has paid every penalty that the person or vessel is liable to pay under this Act, the Minister must remove a notice of violation or default from the public record of notices of violation or default. Duty to notify (2) If the Minister is of the opinion that removal of a notation is not in the public interest, he or she must give notice of that fact to the person or vessel in writing, and provide the grounds for that opinion. Contents of notice (3) The notice must include the address at which, and
the date, being 30 days after the day on which the notice is served, on or before which, a request for a review may
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be filed and the particulars concerning the procedure for requesting a review. Request for review (4) The person or vessel may, no later than the date specified in the notice or within any further time that the Transportation Appeal Tribunal on application may allow, file a written request for a review of the Minister’s decision made under subsection (2) with the Tribunal.
Time and place for review (5) On receipt of the request, the Transportation Appeal Tribunal must appoint a time and place for the review and must notify the Minister and the person or vessel that filed the request of that time and place in writing.
Review procedure (6) The member of the Transportation Appeal Tribunal who is assigned to conduct the review must provide the Minister and the person or vessel with an opportunity that is consistent with procedural fairness and natural justice to present evidence and make representations.
Determination by member (7) The member who conducts the review may confirm
the Minister’s decision or refer the matter back to the Minister for reconsideration. Right of appeal (8) The person or vessel that requested the review may,
within 30 days after the day on which a determination is made under subsection (7), appeal the determination to the Transportation Appeal Tribunal. Loss of right of appeal (9) If the person or vessel does not appear at the review hearing, the person or vessel is not entitled to appeal the determination, unless they establish that there was sufficient reason to justify their absence.
Disposition of appeal (10) The appeal panel of the Transportation Appeal Tribunal that is assigned to hear the appeal may dismiss it or refer the matter back to the Minister for reconsideration.
Regulations Governor in Council 109 For the purposes of sections 90 to 108, the Governor in Council may, on the recommendation of the Minister, make regulations
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(a) designating as a violation — in addition to a violation that is already set out in subsection 90(1) or (2) — the contravention of (i) any specified provision of this Act or of the regulations, or (ii) any direction given under any specified provision of this Act or of the regulations; (b) establishing a penalty or a range of penalties in respect of a violation up to the maximum amount set out in subsection 90(4) or (5), as the case may be; (c) if a range of penalties is established by regulations
made under paragraph (b), respecting the method of determining the amount payable as the penalty for the violation, including the criteria to be taken into account; (d) respecting the circumstances under which, the criteria by which and the manner in which the amount of a penalty may be reduced in whole or in part; and (e) respecting persons who can request a review on
behalf of a vessel in relation to an alleged violation by the vessel.
Offences and Punishment Offences and Punishment Offence — persons 110 (1) Every person that contravenes any of the following commits an offence: (a) subsection 24(2) or 26(2); (b) subsection 19(1), section 20, 31 or 33, subsection
58(1) or (3), section 60 or subsection 82(7) or (8); (c) subsection 30(1), 32(1) or 34(1) or section 70, 78,
83, 87 or 88; (d) a direction given under paragraph
37(3)(c), 58(4)(b), 67(2)(e), (k) or (m) or (3)(a), 74(2)(e), (k) or (m) or (3)(a) or 84(1)(b); (e) a direction given under subsection 21(1), paragraph 30(3)(c) or 36(c), subsection 37(1) or (2) or paragraph 67(4)(b); (f) a provision of the regulations.
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Offence — vessels (2) Every vessel that contravenes any of the following
commits an offence: (a) paragraph 24(1)(a) or (b); (b) a direction given under paragraph 37(3)(c), 67(3)(b) or 74(3)(b) or subsection 74(4); (c) a direction given under paragraph 30(3)(c) or 36(c) or subsection 67(4); (d) a provision of the regulations.
Punishment — certificates (3) Every person or vessel that commits an offence under
paragraph (1)(a) or (2)(a) is liable on summary conviction to a fine of not more than $100,000.
Punishment — individuals (4) Every individual who commits an offence under paragraph (1)(c) or (e) is liable (a) on conviction on indictment to a fine of not less
than $15,000 and not more than $1,000,000 or to imprisonment for a term of not more than three years, or to both; or (b) on summary conviction to a fine of not less than $5,000 and not more than $300,000 or to imprisonment for a term of not more than six months, or to both.
Punishment — individuals (5) Every individual who commits an offence under any of paragraphs (1)(b), (d) and (f) is liable on summary conviction to a fine of not less than $5,000 and not more than $300,000 or to imprisonment for a term of not more than six months, or to both.
Punishment — other persons and vessels (6) Every person, other than an individual, or vessel that commits an offence under any of paragraphs (1)(c) and (e) and (2)(c) is liable (a) on conviction on indictment to a fine of not less
than $500,000 and not more than $6,000,000; or (b) on summary conviction to a fine of not less than $100,000 and not more than $4,000,000.
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Punishment — other persons and vessels (7) Every person, other than an individual, or vessel that commits an offence under any of paragraphs (1)(b), (d) and (f) and (2)(b) and (d) is liable on summary conviction to a fine of not less than $100,000 and not more than $4,000,000.
Relief from minimum fine 111 The court may impose a fine that is less than the
minimum amount provided for in subsections 110(4) to (7) if it is satisfied, on the basis of evidence submitted to the court, that the minimum fine would cause undue financial hardship or would be grossly disproportionate to the nature and gravity of the offence. The court must provide reasons if it imposes a fine that is less than the minimum amount provided for in any of those subsections. Continuing offences 112 If an offence under section 110 is committed or continued on more than one day, it constitutes a separate offence for each day on which it is committed or continued. Court order 113 If a person is found guilty of an offence under this Act, the court may, in addition to any other punishment it may impose, make an order (a) prohibiting the person from doing any act or engaging in any activity that may, in the opinion of the court, result in the continuation or repetition of the offence; (b) directing the person to take any action the court
considers appropriate to remedy or avoid any harm that results or may result from the commission of the offence; (c) directing the person to pay the Minister or the
Minister of Fisheries and Oceans an amount of money as compensation, in whole or in part, for the costs and expenses of any remedial or preventive action taken by or caused to be taken on behalf of the Minister or the Minister of Fisheries and Oceans as a result of the commission of the offence; and (d) prohibiting the person from operating a vessel or
providing services essential to the operation of a vessel for the period or at the times and places that may be specified in the order. Service 114 (1) If a vessel is charged with an offence under subsection 110(2), the summons must be served
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(a) by delivering it to the authorized representative of
the vessel or, in the absence of an authorized representative, a person in charge of the vessel; or (b) if service cannot reasonably be effected in the
manner provided in paragraph (a), by posting the summons on any conspicuous part of the vessel.
Appearance at trial (2) If a vessel is charged with an offence under subsection 110(2), the vessel may appear by counsel or representative before the court. Despite the Criminal Code, if the vessel does not so appear, a court may, on proof of service of the summons, proceed to hold the trial. Proof of offence by vessel 115 In a prosecution of a vessel for an offence under
subsection 110(2), it is sufficient proof that the vessel has committed the offence to establish that the act or omission that constitutes the offence was committed by a person in charge of the vessel, whether or not the person has been identified. Party to offence committed by vessel 116 (1) If a vessel commits an offence under subsection
110(2) and a person in charge of the vessel directed, authorized, assented to, acquiesced in or participated in the commission of the offence, that person is a party to and guilty of the offence and liable on conviction to the punishment provided for the offence, whether or not the vessel has been prosecuted or convicted. Party to offence committed by corporation (2) If a corporation commits an offence under this Act,
any director, officer or agent or mandatary of the person who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and liable on conviction to the punishment provided for the offence, whether or not the corporation has been prosecuted or convicted.
Offence by employee or agent or mandatary 117 A person is liable for an offence that is committed by the person’s employee or their agent or mandatary, whether or not the employee or agent or mandatary who actually committed the offence is identified or prosecuted for the offence under this Act.
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Direction to vessel 118 For the purposes of prosecuting a vessel for contravening a direction given under this Act, a direction is deemed to have been given to the vessel if (a) the direction is given to the authorized representative or a person in charge of the vessel; or (b) in the case of a direction that cannot be given to any person referred to in paragraph (a) despite reasonable efforts having been made to do so, a copy of it is posted on any conspicuous part of the vessel.
Due diligence defence — persons 119 (1) A person must not be found guilty of an offence under this Act, other than in relation to a contravention of subsection 34(1) or 60(2) or section 70, 78, 83 or 88, if they establish that they exercised due diligence to prevent its commission.
Due diligence defence — vessels (2) A vessel must not be found guilty of an offence under
this Act if the person that committed the act or omission that constitutes the offence establishes that they exercised due diligence to prevent its commission.
Limitation or prescription period 120 (1) Proceedings by way of summary conviction under this Act may be commenced no later than two years after the day on which an enforcement officer becomes aware of the subject matter of the proceedings.
Certificate (2) A document that purports to have been issued by the
enforcement officer and that certifies the day on which they became aware of the subject matter of the proceedings is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and, in the absence of any evidence to the contrary, is evidence that the enforcement officer became aware of the subject matter on that day. Defendant outside Canada (3) If the proceedings cannot be commenced because the proposed defendant is outside Canada, the proceedings may be commenced not later than 60 days after the day on which they arrive in Canada.
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Chapter 1: Wrecked, Abandoned or Hazardous Vessels Act PART 5 Administration and Enforcement Offences and Punishment Forfeiture, Retention or Disposition Sections 121-124
Forfeiture, Retention or Disposition Forfeiture 121 (1) If a person is found guilty of an offence, the court may, in addition to any punishment imposed, order that any seized thing under this Act, or any proceeds of its disposition, be forfeited to Her Majesty in right of Canada.
Return where no forfeiture ordered (2) If the court does not order the forfeiture, the seized
thing or the proceeds of its disposition must be returned or paid to its owner. Protection of persons claiming interest (3) The provisions of sections 74 to 76 of the Fisheries
Act apply, with such modifications as the circumstances require, in respect of any thing forfeited under subsection (1) as though it were a thing forfeited under subsection 72(1) of that Act. Retention or disposition 122 If a fine is imposed on a person convicted of an offence, any seized thing, or any proceeds of its disposition, may be retained until the fine is paid, or the thing may be disposed of and the proceeds applied, in whole or in part, in payment of the fine.
Jurisdiction Jurisdiction in relation to offences 123 If a person or a vessel is charged with having committed an offence under this Act, any court in Canada that would have had cognizance of the offence if it had been committed by a person or vessel within the limits of its ordinary jurisdiction has jurisdiction to try the offence as if it had been committed there.
Reporting of Alleged Contraventions Reasonable grounds 124 (1) An individual who has reasonable grounds to believe that a person or vessel has contravened or intends to contravene a provision of this Act or the regulations may notify the minister responsible for administering that provision of the particulars of the matter and may request that their identity be kept confidential with respect to the notification.
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Confidentiality (2) The identity of an individual to whom the Minister or
the Minister of Fisheries and Oceans has provided an assurance of confidentiality may be disclosed by the Minister or the Minister of Fisheries and Oceans only in accordance with the Privacy Act.
Injunction Injunction 125 (1) If, on the application of the Minister, it appears
to a court of competent jurisdiction that a person has committed, is about to commit or is likely to commit an act or omission that constitutes or is directed toward the commission of an offence under this Act, the court may order the person named in the application to (a) refrain from doing an act that it appears to the
court may constitute or be directed toward the commission of an offence under this Act; or (b) do an act that it appears to the court may prevent
the commission of an offence under this Act. Notice (2) No order may be made unless 48 hours’ notice is served on the person named in the application or the urgency of the situation is such that service of notice would not be in the public interest.
PART 6
General Statutory Instruments Act 126 A direction or detention order under this Act is not a statutory instrument for the purposes of the Statutory Instruments Act.
Immunity — personal liability 127 (1) The following persons are not personally liable for anything they do or omit to do under this Act unless it is established that they acted in bad faith: (a) a servant of the Crown, as those terms are defined in section 2 of the Crown Liability and Proceedings Act; (b) a receiver of wreck and a person authorized or
within a class of persons authorized under subsection 57(2); and (c) an enforcement officer.
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Crown not relieved (2) Paragraphs (1)(a) and (b) do not, by reason of section 10 of the Crown Liability and Proceedings Act, relieve the Crown of liability for a tort or extracontractual civil liability to which the Crown would otherwise be subject, except if a receiver of wreck, or a person authorized or within a class of persons authorized under subsection 57(2), disposes of or releases a wreck or pays the proceeds of its disposition in accordance with Part 4.
Immunity — civil or criminal liability 128 (1) A person, other than an owner that contravened
subsection 30(1) and an owner of a vessel that was the subject of measures under section 35 or 36 or subsection 37(3) or (4), that provides assistance or advice to the Minister, the Minister of Fisheries and Oceans or an enforcement officer in taking or refraining from taking measures under this Act, or that is directed to take or refrain from taking measures under paragraph 30(3)(c), 36(c) or 37(3)(c) or subsection 37(4), in respect of any act or omission in the course of providing assistance or advice or taking or refraining from taking any measures, does not incur (a) civil liability, unless it is established that the person acted in bad faith; or (b) criminal liability, unless it is shown that the person’s conduct was not reasonable in the circumstances.
Immunity — accompanying persons (2) Any person accompanying the Minister, an enforcement officer or the Minister of Fisheries and Oceans does not incur, in respect of that which is authorized by subsections 86(2) to (4), (a) civil liability, unless it is established that the person acted in bad faith; or (b) criminal liability, unless it is shown that the person’s conduct was not reasonable in the circumstances.
Costs constituting debt 129 (1) The amount of the costs and expenses incurred
by the Minister or the Minister of Fisheries and Oceans, in respect of measures taken under any of subsections 21(2) and (3), section 22, paragraphs 30(3)(a) to (c), section 35, paragraphs 36(a) to (c) and subsection 37(3) and (4) or in relation to the use of property under subsection 86(5), constitutes a debt due to Her Majesty in right of Canada that may be recovered
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(a) in the case of measures taken under subsection
21(2) or (3) or section 22, from the person that was the owner of the vessel at the time of the maritime casualty that resulted in the wreck; (b) in the case of measures taken under any of paragraphs 30(3)(a) to (c), section 35, paragraphs 36(a) to (c) and subsections 37(3) and (4), from the person that was the owner of the vessel or wreck at the time the costs and expenses were incurred; or (c) in the case of property used under subsection 86(5), (i) if a wreck is subject to Part 1, from the person
that was the owner of the vessel at the time of the maritime casualty that resulted in the wreck, or (ii) in all other cases, from the person that was the
owner of the vessel or wreck at the time the costs and expenses were incurred.
Liability (2) If more than one person was the owner of the vessel
referred to in subsection (1), the owners are jointly and severally, or solidarily, liable for the costs and expenses referred to in that subsection. Other remedies available (3) Nothing in this Act prevents a debt referred to in subsection (1) from being recovered from the debtor in any court of competent jurisdiction or the exercise against the debtor of any other right or remedy available at law.
PART 7
Regulations Regulations — Minister 130 (1) The Governor in Council may, on the recommendation of the Minister, make regulations (a) designating any floating object to be a vessel for the purposes of the definition vessel in section 2; (b) excluding any vessel or wreck from the application
of all or part of this Act; (c) extending the application of the Wreck Removal
Convention to vessels or classes of vessels excluded from the application of that Convention and specifying the terms and conditions that are applicable to those
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vessels or classes of vessels under Article 4 of that Convention; (d) imposing a fee for the issuance of a certificate under section 25; (e) respecting the exercise of the powers or the performance of the duties or functions of a person designated under subsection 25(2); (f) respecting conditions under which certificates may
be issued, refused or revoked for the purposes of subsections 25(3) to (5); (g) providing, despite subsection 26(3) of the Marine
Liability Act, that the limits of liability set out in that Act apply in respect of some or all vessels of less than 300 gross tonnage; (h) respecting insurance or other financial security requirements relating to the locating, marking and removal of wrecks applicable (i) to vessels of less than 300 gross tonnage, and (ii) to towed vessels that are not registered; (i) excluding from the application of some or all of
Part 2 any geographic area in which measures may be taken, under an Act of Parliament other than this Act or an Act of the legislature of a province, to prevent, mitigate or eliminate a hazard; (j) specifying harmful consequences, including with respect to a geographic area described in paragraph (i), that are excluded from the definition hazard in section 27; (k) specifying the form and manner of the consent referred to in subsection 30(2); (l) specifying circumstances in which an owner of a vessel is deemed to have abandoned it for the purposes of subsection 32(1); (m) respecting requirements in relation to salvage operations; (n) respecting requirements relating to the towing of vessels that are normally self-propelled and that are without their propelling power; (o) respecting the setting and payment of fees for services provided in the administration of the provisions of this Act, other than section 131, or the regulations;
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(p) exempting any geographical area from the application of Part 4; (q) respecting the detention of vessels, including the
review of detention orders; (r) establishing conditions governing the sale or acquisition of vessels, including measures that must be taken before a vessel is sold or acquired; (s) respecting requirements relating to the dismantlement or destruction of vessels in Canada and of those destined for dismantlement or destruction outside Canada; (t) requiring that notice be given of anything that can or must be done under this Act; (u) respecting directions made and notices given under this Act; (v) respecting the service of documents, including the circumstances under which documents are deemed to be served; (w) respecting record keeping, information management and reporting for the purposes of this Act; (x) removing any reservation from Part 2 of Schedule 2 that Canada withdraws; (y) prescribing anything that is to be prescribed under
this Act; and (z) generally for carrying out the purposes and provisions of this Act. Debt due to Her Majesty (2) All fees set under paragraph (1)(o) constitute a debt due to Her Majesty in right of Canada and may be recovered in any court of competent jurisdiction.
Payment of fees (3) If a fee is imposed under paragraph (1)(o) (a) in respect of a pleasure craft that is not a Canadian
vessel, its owner is liable for payment of the fee; (b) in respect of a Canadian vessel, the authorized
representative and the master are jointly and severally, or solidarily, liable for payment of the fee; and (c) in respect of a vessel that is not a Canadian vessel, its owner and the authorized representative are jointly and severally, or solidarily, liable for payment of the fee.
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Seizure and detention for charges (4) If the amount of a fee owed by an authorized representative of a Canadian vessel or by the owner of a vessel that is not a Canadian vessel has not been paid, the Minister may, in addition to any other remedy available for the collection of the amount and whether or not a judgment for the collection of the amount has been obtained, apply to the Federal Court for an order authorizing the Minister to seize, detain and sell any vessel belonging to the authorized representative or the owner, as the case may be. The Court may make the order on the terms that the Court considers appropriate. Release on security (5) The Minister must release a seized vessel if security
in a form satisfactory to him or her for the amount in respect of which the vessel was seized is deposited with the Minister. Regulations — Minister and Minister responsible for Parks Canada Agency 131 (1) The Governor in Council may, on the recommendation of the Minister and the Minister responsible for the Parks Canada Agency, make regulations (a) respecting the salvage of wrecks or classes of
wrecks specified by regulations made under paragraph (b); (b) specifying wrecks or classes of wrecks that have
heritage value, including ocean war graves; (c) respecting the protection and preservation of wrecks or classes of wrecks that have heritage value, including ocean war graves, and providing for the issuance of permits to access those wrecks; (d) authorizing the designation of enforcement officers to ensure compliance with the regulations made under any of paragraphs (b) and (c) and (e) to (h), and specifying their powers, duties and functions; (e) authorizing the Minister and the Minister responsible for the Parks Canada Agency to jointly enter into agreements or arrangements respecting the administration or enforcement of any provision of the regulations made under this subsection and to authorize any person with whom an agreement or arrangement is entered into to exercise the powers or perform the duties or functions under those regulations that are specified in the agreement or arrangement; (f) exempting wrecks or classes of wrecks that have heritage value, including ocean war graves, from the application of any provision of Part 4;
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(g) exempting any geographical area from the application of regulations made under paragraph (c) or (d); (h) respecting the setting and payment of fees, and the
determination and payment of costs and expenses, for services provided in the administration of regulations made under this subsection; (i) extending the application of paragraph 110(1)(f), subsections 110(5) and (7), section 111, paragraph 113(d), subsection 119(1) and section 120 to wrecks or classes of wrecks that are specified in regulations made under paragraph (b); (j) extending to wrecks or classes of wrecks that are
specified in regulations made under paragraph (b) the application of paragraph 110(1)(b), in respect of a contravention of subsection 58(1) or (3) or section 60, and of paragraph 110(1)(d), in respect of a contravention of a direction given under paragraph 58(4)(b); and (k) extending the application of any provision of the
regulations made under this subsection to wrecked vessels or aircraft — or classes of wrecked vessels or aircraft — that are referred to in subsection 5(1) and paragraphs 5(2)(a) and (b) and that are specified in regulations made under paragraph (b).
Debt due to Her Majesty (2) All fees, costs and expenses referred to in paragraph (1)(h) constitute a debt due to Her Majesty in right of Canada and may be recovered in any court of competent jurisdiction.
PART 8
Transitional Provision and Related and Consequential Amendments Transitional Provision Section 20 of Navigation Protection Act 132 A notice given under section 20 of the Navigation Protection Act before the day on which section 138 comes into force is deemed to have been given under subsection 38(2).
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Chapter 1: Wrecked, Abandoned or Hazardous Vessels Act PART 8 Transitional Provision and Related and Consequential Amendments Related Amendments Sections 133-136
Related Amendments 1996, c. 31
Oceans Act 133 Subsection 41(1) of the Oceans Act is amended by adding the following after paragraph (b): (c) response to wrecks and hazardous or dilapidated
ships; 2002, c. 18
Canada National Marine Conservation Areas Act 2012, c. 31, s. 346
134 Subsection 16(5) of the Canada National Marine Conservation Areas Act is replaced by the following:
Conflicts (5) Regulations referred to in subsection (2), (3) or (4) prevail over regulations made under the Fisheries Act, the Coastal Fisheries Protection Act, the Canada Shipping Act, 2001, the Arctic Waters Pollution Prevention Act, the Navigation Protection Act, the Aeronautics Act or the Wrecked, Abandoned or Hazardous Vessels Act to the extent of any conflict between them.
Consequential Amendments R.S., c. C-50; 1990, c. 8, s. 21
Crown Liability and Proceedings Act 2001, c. 26, s. 295
135 The definition Crown ship in section 2 of the Crown Liability and Proceedings Act is replaced by the following:
Crown ship means a Crown vessel as defined in subsection 48(1) of the Wrecked, Abandoned or Hazardous Vessels Act; (navire de l’État) 2001, c. 26, s. 298
136 Subsection 7(1) of the Act is replaced by the following:
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Limitation or prescription period for salvage proceedings 7 (1) Section 53 of the Wrecked, Abandoned or Hazardous Vessels Act applies in respect of salvage services rendered to Crown ships or aircraft as it applies in respect of salvage services rendered to other ships or aircraft. R.S., c. N-22; 2012, c. 31, s. 316
Navigation Protection Act 137 The Navigation Protection Act is amended by adding the following before section 15:
Non-application 14.2 Sections 15 to 19 do not apply in respect of a wreck
to which Part 1 of the Wrecked, Abandoned or Hazardous Vessels Act applies.
2012, c. 31, s. 320
138 Section 20 of the Act is repealed. 139 The schedule to the Act is amended by replacing the references after the heading “SCHEDULE” with the following: (Section 3, subsections 4(1) and (3), 5(1) and 6(1), section 8, subsections 9(1), 10(1), 12(1), 13(1), 15(1), 16(1), 17(1) and 19(1), paragraphs 28(1)(e) and (2)(b) and (c) and subsections 29(2) to (4)) R.S., c. 1 (2nd Supp.)
Customs Act 2001, c. 26, s. 299
140 The portion of subsection 16(2) of the Customs Act before paragraph (a) is replaced by the following: Report of wreck and liability for duties (2) If any wreck that has come into Canada from outside
Canada is released to a person under section 61 of the Wrecked, Abandoned or Hazardous Vessels Act, that person
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2001, c. 26
Canada Shipping Act, 2001 2005, c. 29, s. 16(1)
141 Paragraphs 35(1)(e) to (g) of the Canada
Shipping Act, 2001 are replaced by the following: (e) respecting record keeping, information management and reporting for the purposes of this Part or Part 2 (Registration, Listing and Recording), 3 (Personnel), 4 (Safety), 6 (Incidents, Accidents and Casualties), 8 (Pollution Prevention and Response — Department of Transport and Department of Fisheries and Oceans) to the extent that the Minister of Transport is responsible for that Part, 9 (Pollution Prevention — Department of Transport), 10 (Pleasure Craft) or 11 (Enforcement — Department of Transport) or the regulations made under subsection 136(1); (f) respecting the form and manner of giving notice under this Part or Part 2 (Registration, Listing and Recording), 3 (Personnel), 4 (Safety), 8 (Pollution Prevention and Response — Department of Transport and Department of Fisheries and Oceans) to the extent that the Minister of Transport is responsible for that Part, 9 (Pollution Prevention — Department of Transport), 10 (Pleasure Craft) or 11 (Enforcement — Department of Transport) or the regulations made under subsection 136(1); (g) respecting the setting and payment of fees for services provided in the administration of this Part or Part 2 (Registration, Listing and Recording), 3 (Personnel), 4 (Safety), 6 (Incidents, Accidents and Casualties), 8 (Pollution Prevention and Response — Department of Transport and Department of Fisheries and Oceans) to the extent that the Minister of Transport is responsible for that Part, 9 (Pollution Prevention — Department of Transport), 10 (Pleasure Craft) or 11 (Enforcement — Department of Transport) or the regulations made under any of those Parts or under subsection 136(1);
142 The heading before section 140 of the French
version of the Act is replaced by the following:
Définition
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143 Sections 140 to 147 of the Act are replaced by the following:
Definition of Minister 140 In this Part, Minister means the Minister of Transport. 144 (1) Paragraph 150(1)(b) of the Act is repealed. 2005, c. 2, s. 8
(2) Subsection 150(2) of the Act is repealed.
145 Paragraph 152(1)(b) of the Act is replaced by the following: (b) a provision of the regulations made under paragraph 150(1)(c). 2005, c. 2, s. 9, c. 29, s. 19
146 Part 7 of the Act is repealed. 2014, c. 29, s. 72
147 Paragraphs (a) and (b) of the definition relevant provision in section 210 of the Act are replaced with the following: (a) subsection 40(1) with respect to a provision of the regulations made under paragraph 35(1)(e) in relation to Part 10 (Pleasure Craft); and (b) a provision of Part 5 (Navigation Services) or 10 (Pleasure Craft) or a provision of any regulation made under either of those Parts, except a provision of the regulations made under paragraph 136(1)(f) in so far as it applies in respect of Canadian vessels or foreign vessels. (disposition visée)
148 Subsection 226(1) of the Act is repealed.
149 Paragraph 244(d) of the Act is repealed. 2014, c. 29, s. 77
150 Section 268.1 of the Act is replaced by the following:
Crown not relieved 268.1 Subsections 11(5) and 12(5), section 45 and subsection 195(3) do not, by reason of section 10 of the Crown Liability and Proceedings Act, relieve the Crown of liability in respect of a tort or extracontractual civil liability to which the Crown would otherwise be subject.
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151 Schedule 3 to the Act is repealed. 2001, c. 29
Transportation Appeal Tribunal of Canada Act 2001, c. 29, s. 71
152 Subsection 2(2) of the Transportation Appeal Tribunal of Canada Act is replaced by the following: Jurisdiction generally (2) The Tribunal has jurisdiction in respect of reviews
and appeals as expressly provided for under the Wrecked, Abandoned or Hazardous Vessels Act, the Aeronautics Act, the Canada Shipping Act, 2001, the Marine Transportation Security Act, the Railway Safety Act and any other federal Act regarding transportation.
PART 9
Review Review by committee 153 (1) As soon as possible after the fifth anniversary of the day on which section 4 comes into force, the provisions of this Act are to be referred to the committee of the Senate, of the House of Commons or of both Houses of Parliament that may be designated or established for the purpose of reviewing the provisions.
Report (2) The committee to which the provisions are referred is to review them and the operation of this Act and submit a report to the House or Houses of Parliament of which it is a committee, including a statement setting out any changes to the provisions that the committee recommends.
PART 10
Coming into Force Order in council 154 (1) The provisions of this Act, other than sections 38, 138 and 139, come into force on a day or days to be fixed by order of the Governor in Council.
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Order in council (2) Sections 38, 138 and 139 come into force on a
day to be fixed by order of the Governor in Council.
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SCHEDULE 1 (Section 2)
NAIROBI INTERNATIONAL CONVENTION ON THE REMOVAL OF WRECKS, 2007 THE STATES PARTIES TO THE PRESENT CONVENTION, CONSCIOUS of the fact that wrecks, if not removed, may pose a hazard to navigation or the marine environment, CONVINCED of the need to adopt uniform international rules and procedures to ensure the prompt and effective removal of wrecks and payment of compensation for the costs therein involved, NOTING that many wrecks may be located in States’ territory, including the territorial sea, RECOGNIZING the benefits to be gained through uniformity in legal regimes governing responsibility and liability for removal of hazardous wrecks, BEARING IN MIND the importance of the United Nations Convention on the Law of the Sea, done at Montego Bay on 10 December 1982, and of the customary international law of the sea, and the consequent need to implement the present Convention in accordance with such provisions, HAVE AGREED as follows:
ARTICLE 1
Definitions For the purposes of this Convention: 1 Convention area means the exclusive economic zone of a State Party, established in accordance with international law or, if a State Party has not established such a zone, an area beyond and adjacent to the territorial sea of that State determined by that State in accordance with international law and extending not more than 200 nautical miles from the baselines from which the breadth of its territorial sea is measured. 2 Ship means a seagoing vessel of any type whatsoever and includes hydrofoil boats, air-cushion vehicles, submersibles, floating craft and floating platforms, except when such platforms are on location engaged in the exploration, exploitation or production of seabed mineral resources. 3 Maritime casualty means a collision of ships, stranding or other incident of navigation, or other occurrence on board a ship or external to it, resulting in material damage or imminent threat of material damage to a ship or its cargo. 4 Wreck, following upon a maritime casualty, means:
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(a) a sunken or stranded ship; or (b) any part of a sunken or stranded ship, including any object that is or has been on board such a ship; or (c) any object that is lost at sea from a ship and that is stranded, sunken or adrift at sea; or (d) a ship that is about, or may reasonably be expected, to sink or to strand, where effective measures to assist the ship or any property in danger are not already being taken.
5 Hazard means any condition or threat that: (a) poses a danger or impediment to navigation; or (b) may reasonably be expected to result in major harmful consequences to the marine environment, or damage to the coastline or related interests of one or more States.
6 Related interests means the interests of a coastal State directly affected or threatened by a wreck, such as: (a) maritime coastal, port and estuarine activities, including fisheries activities, constituting an essential means of livelihood of the persons concerned; (b) tourist attractions and other economic interests of the area concerned; (c) the health of the coastal population and the wellbeing of the area concerned, including conservation of marine living resources and of wildlife; and (d) offshore and underwater infrastructure. 7 Removal means any form of prevention, mitigation or elimination of the hazard created by a wreck. “Remove”, “removed” and “removing” shall be construed accordingly. 8 Registered owner means the person or persons registered as the owner of the ship or, in the absence of registration, the person or persons owning the ship at the time of the maritime casualty. However, in the case of a ship owned by a State and operated by a company which in that State is registered as the operator of the ship, “registered owner” shall mean such company. 9 Operator of the ship means the owner of the ship or any other organization or person such as the manager, or the bareboat charterer, who has assumed the responsibility for operation of the ship from the owner of the ship and who, on assuming such responsibility, has agreed to take over all duties and responsibilities established under the International Safety Management Code, as amended. 10 Affected State means the State in whose Convention area the wreck is located. 11 State of the ship’s registry means, in relation to a registered ship, the State of registration of the ship and, in relation to an unregistered ship, the State whose flag the ship is entitled to fly.
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12 Organization means the International Maritime Organization. 13 Secretary-General means the Secretary-General of the Organization.
ARTICLE 2
Objectives and general principles 1 A State Party may take measures in accordance with this Convention in relation to the removal of a wreck which poses a hazard in the Convention area. 2 Measures taken by the Affected State in accordance with paragraph 1 shall be proportionate to the hazard. 3 Such measures shall not go beyond what is reasonably necessary to remove a wreck which poses a hazard and shall cease as soon as the wreck has been removed; they shall not unnecessarily interfere with the rights and interests of other States including the State of the ship’s registry, and of any person, physical or corporate, concerned. 4 The application of this Convention within the Convention area shall not entitle a State Party to claim or exercise sovereignty or sovereign rights over any part of the high seas. 5 States Parties shall endeavour to co-operate when the effects of a maritime casualty resulting in a wreck involve a State other than the Affected State.
ARTICLE 3
Scope of application 1 Except as otherwise provided in this Convention, this Convention shall apply to wrecks in the Convention area. 2 A State Party may extend the application of this Convention to wrecks located within its territory, including the territorial sea, subject to Article 4, paragraph 4. In that case, it shall notify the Secretary-General accordingly, at the time of expressing its consent to be bound by this Convention or at any time thereafter. When a State Party has made a notification to apply this Convention to wrecks located within its territory, including the territorial sea, this is without prejudice to the rights and obligations of that State to take measures in relation to wrecks located in its territory, including the territorial sea, other than locating, marking and removing them in accordance with this Convention. The provisions of articles 10, 11 and 12 of this Convention shall not apply to any measures so taken other than those referred to in articles 7, 8 and 9 of this Convention.
3 When a State Party has made a notification under paragraph 2, the “Convention area” of the Affected State shall include the territory, including the territorial sea, of that State Party.
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4 A notification made under paragraph 2 above shall take effect for that State Party, if made before entry into force of this Convention for that State Party, upon entry into force. If notification is made after entry into force of this Convention for that State Party, it shall take effect six months after its receipt by the Secretary-General. 5 A State Party that has made a notification under paragraph 2 may withdraw it at any time by means of a notification of withdrawal to the Secretary-General. Such notification of withdrawal shall take effect six months after its receipt by the Secretary-General, unless the notification specifies a later date.
ARTICLE 4
Exclusions 1 This Convention shall not apply to measures taken under the International Convention relating to Intervention on the High Seas in Cases of Oil Pollution Casualties, 1969, as amended, or the Protocol relating to Intervention on the High Seas in Cases of Pollution by Substances other than Oil, 1973, as amended. 2 This Convention shall not apply to any warship or other ship owned or operated by a State and used, for the time being, only on Government non-commercial service, unless that State decides otherwise. 3 Where a State Party decides to apply this Convention to its warships or other ships as described in paragraph 2, it shall notify the Secretary-General, thereof, specifying the terms and conditions of such application. 4 (a) When a State Party has made a notification under article 3, paragraph 2, the following provisions of this Convention shall not apply in its territory, including the territorial sea: (i) Article 2, paragraph 4; (ii) Article 9, paragraphs 1, 5, 7, 8, 9 and 10; and (iii) Article 15. (b) Article 9, paragraph 4, insofar as it applies to the territory, including the territorial sea of a State Party, shall read: Subject to the national law of the Affected State, the registered owner may contract with any salvor or other person to remove the wreck determined to constitute a hazard on behalf of the owner. Before such removal commences, the Affected State may lay down conditions for such removal only to the extent necessary to ensure that the removal proceeds in a manner that is consistent with considerations of safety and protection of the marine environment.
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ARTICLE 5
Reporting wrecks 1 A State Party shall require the master and the operator of a ship flying its flag to report to the Affected State without delay when that ship has been involved in a maritime casualty resulting in a wreck. To the extent that the reporting obligation under this article has been fulfilled either by the master or the operator of the ship, the other shall not be obliged to report. 2 Such reports shall provide the name and the principal place of business of the registered owner and all the relevant information necessary for the Affected State to determine whether the wreck poses a hazard in accordance with article 6, including: (a) the precise location of the wreck; (b) the type, size and construction of the wreck; (c) the nature of the damage to, and the condition of, the wreck; (d) the nature and quantity of the cargo, in particular any hazardous and noxious substances; and (e) the amount and types of oil, including bunker oil and lubricating oil, on board.
ARTICLE 6
Determination of hazard When determining whether a wreck poses a hazard, the following criteria should be taken into account by the Affected State: (a) the type, size and construction of the wreck; (b) depth of the water in the area; (c) tidal range and currents in the area; (d) particularly sensitive sea areas identified and, as appropriate, designated in accordance with guidelines adopted by the Organization, or a clearly defined area of the exclusive economic zone where special mandatory measures have been adopted pursuant to article 211, paragraph 6, of the United Nations Convention on the Law of the Sea, 1982; (e) proximity of shipping routes or established traffic lanes; (f) traffic density and frequency; (g) type of traffic; (h) nature and quantity of the wreck’s cargo, the amount and types of oil (such as bunker oil and lubricating oil) on board the wreck and, in particular, the damage likely to result should the cargo or oil be released into the marine environment; (i) vulnerability of port facilities; (j) prevailing meteorological and hydrographical conditions;
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(k) submarine topography of the area; (l) height of the wreck above or below the surface of the water at lowest astronomical tide; (m) acoustic and magnetic profiles of the wreck; (n) proximity of offshore installations, pipelines, telecommunications cables and similar structures; and (o) any other circumstances that might necessitate the removal of the wreck.
ARTICLE 7
Locating wrecks 1 Upon becoming aware of a wreck, the Affected State shall use all practicable means, including the good offices of States and organizations, to warn mariners and the States concerned of the nature and location of the wreck as a matter of urgency. 2 If the Affected State has reason to believe that a wreck poses a hazard, it shall ensure that all practicable steps are taken to establish the precise location of the wreck.
ARTICLE 8
Marking of wrecks 1 If the Affected State determines that a wreck constitutes a hazard, that State shall ensure that all reasonable steps are taken to mark the wreck. 2 In marking the wreck, all practicable steps shall be taken to ensure that the markings conform to the internationally accepted system of buoyage in use in the area where the wreck is located. 3 The Affected State shall promulgate the particulars of the marking of the wreck by use of all appropriate means, including the appropriate nautical publications.
ARTICLE 9
Measures to facilitate the removal of wrecks 1 If the Affected State determines that a wreck constitutes a hazard, that State shall immediately: (a) inform the State of the ship’s registry and the registered owner; and (b) proceed to consult the State of the ship’s registry and other States affected by the wreck regarding measures to be taken in relation to the wreck. 2 The registered owner shall remove a wreck determined to constitute a hazard.
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3 When a wreck has been determined to constitute a hazard, the registered owner, or other interested party, shall provide the competent authority of the Affected State with evidence of insurance or other financial security as required by article 12. 4 The registered owner may contract with any salvor or other person to remove the wreck determined to constitute a hazard on behalf of the owner. Before such removal commences, the Affected State may lay down conditions for such removal only to the extent necessary to ensure that the removal proceeds in a manner that is consistent with considerations of safety and protection of the marine environment. 5 When the removal referred to in paragraphs 2 and 4 has commenced, the Affected State may intervene in the removal only to the extent necessary to ensure that the removal proceeds effectively in a manner that is consistent with considerations of safety and protection of the marine environment. 6 The Affected State shall: (a) set a reasonable deadline within which the registered owner must remove the wreck, taking into account the nature of the hazard determined in accordance with article 6; (b) inform the registered owner in writing of the deadline it has set and specify that, if the registered owner does not remove the wreck within that deadline, it may remove the wreck at the registered owner’s expense; and (c) inform the registered owner in writing that it intends to intervene immediately in circumstances where the hazard becomes particularly severe. 7 If the registered owner does not remove the wreck within the deadline set in accordance with paragraph 6(a), or the registered owner cannot be contacted, the Affected State may remove the wreck by the most practical and expeditious means available, consistent with considerations of safety and protection of the marine environment. 8 In circumstances where immediate action is required and the Affected State has informed the State of the ship’s registry and the registered owner accordingly, it may remove the wreck by the most practical and expeditious means available, consistent with considerations of safety and protection of the marine environment. 9 States Parties shall take appropriate measures under their national law to ensure that their registered owners comply with paragraphs 2 and 3. 10 States Parties give their consent to the Affected State to act under paragraphs 4 to 8, where required. 11 The information referred to in this article shall be provided by the Affected State to the registered owner identified in the reports referred to in article 5, paragraph 2.
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ARTICLE 10
Liability of the owner 1 Subject to article 11, the registered owner shall be liable for the costs of locating, marking and removing the wreck under articles 7, 8 and 9, respectively, unless the registered owner proves that the maritime casualty that caused the wreck: (a) resulted from an act of war, hostilities, civil war, insurrection, or a natural phenomenon of an exceptional, inevitable and irresistible character; (b) was wholly caused by an act or omission done with intent to cause damage by a third party; or (c) was wholly caused by the negligence or other wrongful act of any Government or other authority responsible for the maintenance of lights or other navigational aids in the exercise of that function. 2 Nothing in this Convention shall affect the right of the registered owner to limit liability under any applicable national or international regime, such as the Convention on Limitation of Liability for Maritime Claims, 1976, as amended. 3 No claim for the costs referred to in paragraph 1 may be made against the registered owner otherwise than in accordance with the provisions of this Convention. This is without prejudice to the rights and obligations of a State Party that has made a notification under article 3, paragraph 2, in relation to wrecks located in its territory, including the territorial sea, other than locating, marking and removing in accordance with this Convention. 4 Nothing in this article shall prejudice any right of recourse against third parties.
ARTICLE 11
Exceptions to liability 1 The registered owner shall not be liable under this Convention for the costs mentioned in article 10, paragraph 1 if, and to the extent that, liability for such costs would be in conflict with: (a) the International Convention on Civil Liability for Oil Pollution Damage, 1969, as amended; (b) the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, 1996, as amended; (c) the Convention on Third Party Liability in the Field of Nuclear Energy, 1960, as amended, or the Vienna Convention on Civil Liability for Nuclear Damage, 1963, as amended; or national law governing or prohibiting limitation of liability for nuclear damage; or (d) the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001, as amended;
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provided that the relevant convention is applicable and in force.
2 To the extent that measures under this Convention are considered to be salvage under applicable national law or an international convention, such law or convention shall apply to questions of the remuneration or compensation payable to salvors to the exclusion of the rules of this Convention.
ARTICLE 12
Compulsory insurance or other financial security 1 The registered owner of a ship of 300 gross tonnage and above and flying the flag of a State Party shall be required to maintain insurance or other financial security, such as a guarantee of a bank or similar institution, to cover liability under this Convention in an amount equal to the limits of liability under the applicable national or international limitation regime, but in all cases not exceeding an amount calculated in accordance with article 6(1)(b) of the Convention on Limitation of Liability for Maritime Claims, 1976, as amended.
2 A certificate attesting that insurance or other financial security is in force in accordance with the provisions of this Convention shall be issued to each ship of 300 gross tonnage and above by the appropriate authority of the State of the ship’s registry after determining that the requirements of paragraph 1 have been complied with. With respect to a ship registered in a State Party, such certificate shall be issued or certified by the appropriate authority of the State of the ship’s registry; with respect to a ship not registered in a State Party it may be issued or certified by the appropriate authority of any State Party. This compulsory insurance certificate shall be in the form of the model set out in the annex to this Convention, and shall contain the following particulars: (a) name of the ship, distinctive number or letters and port of registry; (b) gross tonnage of the ship; (c) name and principal place of business of the registered owner; (d) IMO ship identification number; (e) type and duration of security; (f) name and principal place of business of insurer or other person giving security and, where appropriate, place of business where the insurance or security is established; and (g) period of validity of the certificate, which shall not be longer than the period of validity of the insurance or other security.
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3 (a) A State Party may authorize either an institution or an organization recognized by it to issue the certificate referred to in paragraph 2. Such institution or organization shall inform that State of the issue of each certificate. In all cases, the State Party shall fully guarantee the completeness and accuracy of the certificate so issued and shall undertake to ensure the necessary arrangements to satisfy this obligation. (b) A State Party shall notify the Secretary-General of: (i) the specific responsibilities and conditions of the authority delegated to an institution or organization recognized by it; (ii) the withdrawal of such authority; and (iii) the date from which such authority or withdrawal of such authority takes effect. An authority delegated shall not take effect prior to three months from the date on which notification to that effect was given to the Secretary-General. (c) The institution or organization authorized to issue certificates in accordance with this paragraph shall, as a minimum, be authorized to withdraw these certificates if the conditions under which they have been issued are not maintained. In all cases the institution or organization shall report such withdrawal to the State on whose behalf the certificate was issued. 4 The certificate shall be in the official language or languages of the issuing State. If the language used is not English, French or Spanish, the text shall include a translation into one of these languages and, where the State so decides, the official language(s) of the State may be omitted. 5 The certificate shall be carried on board the ship and a copy shall be deposited with the authorities who keep the record of the ship’s registry or, if the ship is not registered in a State Party, with the authorities issuing or certifying the certificate. 6 An insurance or other financial security shall not satisfy the requirements of this article if it can cease for reasons other than the expiry of the period of validity of the insurance or security specified in the certificate under paragraph 2 before three months have elapsed from the date on which notice of its termination is given to the authorities referred to in paragraph 5 unless the certificate has been surrendered to these authorities or a new certificate has been issued within the said period. The foregoing provisions shall similarly apply to any modification, which results in the insurance or security no longer satisfying the requirements of this article. 7 The State of the ship’s registry shall, subject to the provisions of this article and having regard to any guidelines adopted by the Organization on the financial responsibility of the registered owners, determine the conditions of issue and validity of the certificate. 8 Nothing in this Convention shall be construed as preventing a State Party from relying on information obtained from other States or the Organization or other international organizations relating to the financial standing of providers of insurance or financial security for the purposes of this Convention. In such cases, the State Party relying on such information is not relieved of its responsibility as a State issuing the certificate required by paragraph 2.
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9 Certificates issued and certified under the authority of a State Party shall be accepted by other States Parties for the purposes of this Convention and shall be regarded by other States Parties as having the same force as certificates issued or certified by them, even if issued or certified in respect of a ship not registered in a State Party. A State Party may at any time request consultation with the issuing or certifying State should it believe that the insurer or guarantor named in the certificate is not financially capable of meeting the obligations imposed by this Convention. 10 Any claim for costs arising under this Convention may be brought directly against the insurer or other person providing financial security for the registered owner’s liability. In such a case the defendant may invoke the defences (other than the bankruptcy or winding up of the registered owner) that the registered owner would have been entitled to invoke, including limitation of liability under any applicable national or international regime. Furthermore, even if the registered owner is not entitled to limit liability, the defendant may limit liability to an amount equal to the amount of the insurance or other financial security required to be maintained in accordance with paragraph 1. Moreover, the defendant may invoke the defence that the maritime casualty was caused by the wilful misconduct of the registered owner, but the defendant shall not invoke any other defence which the defendant might have been entitled to invoke in proceedings brought by the registered owner against the defendant. The defendant shall in any event have the right to require the registered owner to be joined in the proceedings. 11 A State Party shall not permit any ship entitled to fly its flag to which this article applies to operate at any time unless a certificate has been issued under paragraphs 2 or 14.
12 Subject to the provisions of this article, each State Party shall ensure, under its national law, that insurance or other security to the extent required by paragraph 1 is in force in respect of any ship of 300 gross tonnage and above, wherever registered, entering or leaving a port in its territory, or arriving at or leaving from an offshore facility in its territorial sea.
13 Notwithstanding the provisions of paragraph 5, a State Party may notify the Secretary-General that, for the purposes of paragraph 12, ships are not required to carry on board or to produce the certificate required by paragraph 2, when entering or leaving a port in its territory, or arriving at or leaving from an offshore facility in its territorial sea, provided that the State Party which issues the certificate required by paragraph 2 has notified the Secretary-General that it maintains records in an electronic format, accessible to all States Parties, attesting the existence of the certificate and enabling States Parties to discharge their obligations under paragraph 12. 14 If insurance or other financial security is not maintained in respect of a ship owned by a State Party, the provisions of
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this article relating thereto shall not be applicable to such ship, but the ship shall carry a certificate issued by the appropriate authority of the State of registry, stating that it is owned by that State and that the ship’s liability is covered within the limits prescribed in paragraph 1. Such a certificate shall follow as closely as possible the model prescribed by paragraph 2.
ARTICLE 13
Time limits Rights to recover costs under this Convention shall be extinguished unless an action is brought hereunder within three years from the date when the hazard has been determined in accordance with this Convention. However, in no case shall an action be brought after six years from the date of the maritime casualty that resulted in the wreck. Where the maritime casualty consists of a series of occurrences, the six-year period shall run from the date of the first occurrence.
ARTICLE 14
Relationship to other conventions and international agreements 1 At the request of not less than one-third of States Parties, a conference shall be convened by the Organization for the purpose of revising or amending this Convention. 2 Any consent to be bound by this Convention, expressed after the date of entry into force of an amendment to this Convention, shall be deemed to apply to this Convention, as amended.
ARTICLE 15
Settlement of disputes 1 Where a dispute arises between two or more States Parties regarding the interpretation or application of this Convention, they shall seek to resolve their dispute, in the first instance, through negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements or other peaceful means of their choice. 2 If no settlement is possible within a reasonable period of time not exceeding twelve months after one State Party has notified another that a dispute exists between them, the provisions relating to the settlement of disputes set out in Part XV of the United Nations Convention on the Law of the Sea, 1982, shall apply mutatis mutandis, whether or not the States party to the dispute are also States Parties to the United Nations Convention on the Law of the Sea, 1982.
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3 Any procedure chosen by a State Party to this Convention and to the United Nations Convention on the Law of the Sea, 1982, pursuant to Article 287 of the latter, shall apply to the settlement of disputes under this article, unless that State Party, when ratifying, accepting, approving or acceding to this Convention, or at any time thereafter, chooses another procedure pursuant to Article 287 for the purpose of the settlement of disputes arising out of this Convention. 4 A State Party to this Convention which is not a Party to the United Nations Convention on the Law of the Sea, 1982, when ratifying, accepting, approving or acceding to this Convention or at any time thereafter shall be free to choose, by means of a written declaration, one or more of the means set out in Article 287, paragraph 1, of the United Nations Convention on the Law of the Sea, 1982, for the purpose of settlement of disputes under this Article. Article 287 shall apply to such a declaration, as well as to any dispute to which such State is party, which is not covered by a declaration in force. For the purpose of conciliation and arbitration, in accordance with Annexes V and VII of the United Nations Convention on the Law of the Sea, 1982, such State shall be entitled to nominate conciliators and arbitrators to be included in the lists referred to in Annex V, Article 2, and Annex VII, Article 2, for the settlement of disputes arising out of this Convention. 5 A declaration made under paragraphs 3 and 4 shall be deposited with the Secretary-General, who shall transmit copies thereof to the States Parties.
ARTICLE 16
Relationship to other conventions and international agreements Nothing in this Convention shall prejudice the rights and obligations of any State under the United Nations Convention on the Law of the Sea, 1982, and under the customary international law of the sea.
ARTICLE 17
Signature, ratification, acceptance, approval and accession 1 This Convention shall be open for signature at the Headquarters of the Organization from 19 November 2007 until 18 November 2008 and shall thereafter remain open for accession. (a) States may express their consent to be bound by this Convention by: (i) signature without reservation as to ratification, acceptance or approval; or (ii) signature subject to ratification, acceptance or approval, followed by ratification, acceptance or approval; or (iii) accession.
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(b) Ratification, acceptance, approval or accession shall be effected by the deposit of an instrument to that effect with the Secretary-General.
ARTICLE 18
Entry into force 1 This Convention shall enter into force twelve months following the date on which ten States have either signed it without reservation as to ratification, acceptance or approval or have deposited instruments of ratification, acceptance, approval or accession with the Secretary-General. 2 For any State which ratifies, accepts, approves or accedes to this Convention after the conditions in paragraph 1 for entry into force have been met, this Convention shall enter into force three months following the date of deposit by such State of the appropriate instrument, but not before this Convention has entered into force in accordance with paragraph 1.
ARTICLE 19
Denunciation 1 This Convention may be denounced by a State Party at any time after the expiry of one year following the date on which this Convention comes into force for that State. 2 Denunciation shall be effected by the deposit of an instrument to that effect with the Secretary-General. 3 A denunciation shall take effect one year, or such longer period as may be specified in the instrument of denunciation, following its receipt by the Secretary-General.
ARTICLE 20
Depositary 1 This Convention shall be deposited with the Secretary General. 2 The Secretary-General shall: (a) inform all States which have signed or acceded to this Convention of: (i) each new signature or deposit of an instrument of ratification, acceptance, approval or accession, together with the date thereof; (ii) the date of entry into force of this Convention; (iii) the deposit of any instrument of denunciation of this Convention, together with the date of the deposit and the date on which the denunciation takes effect; and (iv) other declarations and notifications received pursuant to this Convention;
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(b) transmit certified true copies of this Convention to all States that have signed or acceded to this Convention.
3 As soon as this Convention enters into force, a certified true copy of the text shall be transmitted by the SecretaryGeneral to the Secretary-General of the United Nations, for registration and publication in accordance with Article 102 of the Charter of the United Nations.
ARTICLE 21
Languages This Convention is established in a single original in the Arabic, Chinese, English, French, Russian and Spanish languages, each text being equally authentic. DONE IN NAIROBI this eighteenth day of May two thousand and seven. IN WITNESS WHEREOF the undersigned, being duly authorized by their respective Governments for that purpose, have signed this Convention.
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ANNEX
Certificate of Insurance or Other Financial Security in Respect of Liability for the Removal of Wrecks Issued in accordance with the provisions of article 12 of the Nairobi International Convention on the Removal of Wrecks, 2007 Name of Ship
Gross tonnage
Distinctive IMO Ship number or Identification letters Number
Port of Registry
Name and full address of the principal place of business of the registered owner
This is to certify that there is in force, in respect of the abovenamed ship, a policy of insurance or other financial security satisfying the requirements of article 12 of the Nairobi International Convention on the Removal of Wrecks, 2007. Type of Security.......................................................................... Duration of Security.................................................................... Name and address of the insurer(s) and/or guarantor(s) Name........................................................................................... Address........................................................................................ ..................................................................................................... This certificate is valid until....................................................... Issued or certified by the Government of................................... ..................................................................................................... (Full designation of the State) OR The following text should be used when a State Party avails itself of article 12, paragraph 3: The present certificate is issued under the authority of the Government of ................... (full designation of the State) by ................... (name of institution or organization) At ................................................. On ............................................... (Place) (Date) ..................................................... (Signature and Title of issuing or certifying official)
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Explanatory Notes: 1 If desired, the designation of the State may include a reference to the competent public authority of the country where the Certificate is issued. 2 If the total amount of security has been furnished by more than one source, the amount of each of them should be indicated. 3 If security is furnished in several forms, these should be enumerated. 4 The entry “Duration of Security” must stipulate the date on which such security takes effect. 5 The entry “Address” of the insurer(s) and/or guarantor(s) must indicate the principal place of business of the insurer(s) and/or guarantor(s). If appropriate, the place of business where the insurance or other security is established shall be indicated.
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SCHEDULE 2 (Subsections 48(1) and 50(1) and paragraph 130(1)(x))
Salvage PART 1
International Convention on Salvage, 1989 THE STATES PARTIES TO THE PRESENT CONVENTION, RECOGNIZING the desirability of determining by agreement uniform international rules regarding salvage operations, NOTING that substantial developments, in particular the increased concern for the protection of the environment, have demonstrated the need to review the international rules presently contained in the Convention for the Unification of Certain Rules of Law relating to Assistance and Salvage at Sea, done at Brussels, 23 September 1910, CONSCIOUS of the major contribution which efficient and timely salvage operations can make to the safety of vessels and other property in danger and to the protection of the environment, CONVINCED of the need to ensure that adequate incentives are available to persons who undertake salvage operations in respect of vessels and other property in danger, HAVE AGREED as follows:
Chapter I - General Provisions ARTICLE 1
Definitions For the purpose of this Convention: (a) Salvage operation means any act or activity undertaken to assist a vessel or any other property in danger in navigable waters or in any other waters whatsoever. (b) Vessel means any ship or craft, or any structure capable of navigation. (c) Property means any property not permanently and intentionally attached to the shoreline and includes freight at risk. (d) Damage to the environment means substantial physical damage to human health or to marine life or resources in coastal or inland waters or areas adjacent thereto, caused by pollution, contamination, fire, explosion or similar major incidents.
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(e) Payment means any reward, remuneration or compensation due under this Convention. (f) Organization means the International Maritime Organization. (g) Secretary-General means the Secretary-General of the Organization.
ARTICLE 2
Application of the Convention This Convention shall apply whenever judicial or arbitral proceedings relating to matters dealt with in this Convention are brought in a State Party.
ARTICLE 3
Platforms and drilling units This Convention shall not apply to fixed or floating platforms or to mobile offshore drilling units when such platforms or units are on location engaged in the exploration, exploitation or production of sea-bed mineral resources.
ARTICLE 4
State-owned vessels 1 Without prejudice to article 5, this Convention shall not apply to warships or other non-commercial vessels owned or operated by a State and entitled, at the time of salvage operations, to sovereign immunity under generally recognized principles of international law unless that State decides otherwise.
2 Where a State Party decides to apply the Convention to its warships or other vessels described in paragraph 1, it shall notify the Secretary-General thereof specifying the terms and conditions of such application.
ARTICLE 5
Salvage operations controlled by public authorities 1 This Convention shall not affect any provisions of national law or any international convention relating to salvage operations by or under the control of public authorities.
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2 Nevertheless, salvors carrying out such salvage operations shall be entitled to avail themselves of the rights and remedies provided for in this Convention in respect of salvage operations. 3 The extent to which a public authority under a duty to perform salvage operations may avail itself of the rights and remedies provided for in this Convention shall be determined by the law of the State where such authority is situated.
ARTICLE 6
Salvage contracts 1 This Convention shall apply to any salvage operations save to the extent that a contract otherwise provides expressly or by implication. 2 The master shall have the authority to conclude contracts for salvage operations on behalf of the owner of the vessel. The master or the owner of the vessel shall have the authority to conclude such contracts on behalf of the owner of the property on board the vessel. 3 Nothing in this article shall affect the application of article 7 nor duties to prevent or minimize damage to the environment.
ARTICLE 7
Annulment and modification of contracts A contract or any terms thereof may be annulled or modified if: (a) the contract has been entered into under undue influence or the influence of danger and its terms are inequitable; or (b) the payment under the contract is in an excessive degree too large or too small for the services actually rendered.
Chapter II - Performance of Salvage Operations ARTICLE 8
Duties of the salvor and of the owner and master 1 The salvor shall owe a duty to the owner of the vessel or other property in danger: (a) to carry out the salvage operations with due care;
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(b) in performing the duty specified in subparagraph (a), to exercise due care to prevent or minimize damage to the environment; (c) whenever circumstances reasonably require, to seek assistance from other salvors; and (d) to accept the intervention of other salvors when reasonably requested to do so by the owner or master of the vessel or other property in danger; provided however that the amount of his reward shall not be prejudiced should it be found that such a request was unreasonable. 2 The owner and master of the vessel or the owner of other property in danger shall owe a duty to the salvor: (a) to co-operate fully with him during the course of the salvage operations; (b) in so doing, to exercise due care to prevent or minimize damage to the environment; and (c) when the vessel or other property has been brought to a place of safety, to accept redelivery when reasonably requested by the salvor to do so.
ARTICLE 9
Rights of coastal States Nothing in this Convention shall affect the right of the coastal State concerned to take measures in accordance with generally recognized principles of international law to protect its coastline or related interests from pollution or the threat of pollution following upon a maritime casualty or acts relating to such a casualty which may reasonably be expected to result in major harmful consequences, including the right of a coastal State to give directions in relation to salvage operations.
ARTICLE 10
Duty to render assistance 1 Every master is bound, so far as he can do so without serious danger to his vessel and persons thereon, to render assistance to any person in danger of being lost at sea. 2 The States Parties shall adopt the measures necessary to enforce the duty set out in paragraph 1. 3 The owner of the vessel shall incur no liability for a breach of the duty of the master under paragraph 1.
ARTICLE 11
Co-operation A State Party shall, whenever regulating or deciding upon matters relating to salvage operations such as admittance to ports of vessels in distress or the provisions of facilities to
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salvors, take into account the need for co-operation between salvors, other interested parties and public authorities in order to ensure the efficient and successful performance of salvage operations for the purpose of saving life or property in danger as well as preventing damage to the environment in general.
Chapter III - Rights of Salvors ARTICLE 12
Conditions for reward 1 Salvage operations which have had a useful result give right to a reward. 2 Except as otherwise provided, no payment is due under this Convention if the salvage operations have had no useful result. 3 This chapter shall apply, notwithstanding that the salved vessel and the vessel undertaking the salvage operations belong to the same owner.
ARTICLE 13
Criteria for fixing the reward 1 The reward shall be fixed with a view to encouraging salvage operations, taking into account the following criteria without regard to the order in which they are presented below: (a) the salved value of the vessel and other property; (b) the skill and efforts of the salvors in preventing or minimizing damage to the environment; (c) the measure of success obtained by the salvor; (d) the nature and degree of the danger; (e) the skill and efforts of the salvors in salving the vessel, other property and life; (f) the time used and expenses and losses incurred by the salvors; (g) the risk of liability and other risks run by the salvors or their equipment; (h) the promptness of the services rendered; (i) the availability and use of vessels or other equipment intended for salvage operations; (j) the state of readiness and efficiency of the salvor’s equipment and the value thereof.
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2 Payment of a reward fixed according to paragraph 1 shall be made by all of the vessel and other property interests in proportion to their respective salved values. However, a State Party may in its national law provide that the payment of a reward has to be made by one of these interests, subject to a right of recourse of this interest against the other interests for their respective shares. Nothing in this article shall prevent any right of defence.
3 The rewards, exclusive of any interest and recoverable legal costs that may be payable thereon, shall not exceed the salved value of the vessel and other property.
ARTICLE 14
Special compensation 1 If the salvor has carried out salvage operations in respect of a vessel which by itself or its cargo threatened damage to the environment and has failed to earn a reward under article 13 at least equivalent to the special compensation assessable in accordance with this article, he shall be entitled to special compensation from the owner of that vessel equivalent to his expenses as herein defined. 2 If, in the circumstances set out in paragraph 1, the salvor by his salvage operations has prevented or minimized damage to the environment, the special compensation payable by the owner to the salvor under paragraph 1 may be increased up to a maximum of 30 % of the expenses incurred by the salvor. However, the tribunal, if it deems it fair and just to do so and bearing in mind the relevant criteria set out in article 13, paragraph 1, may increase such special compensation further, but in no event shall the total increase be more than 100 % of the expenses incurred by the salvor. 3 Salvor’s expenses for the purpose of paragraphs 1 and 2 means the out-of-pocket expenses reasonably incurred by the salvor in the salvage operation and a fair rate for equipment and personnel actually and reasonably used in the salvage operation, taking into consideration the criteria set out in article 13, paragraph 1(h), (i) and (j). 4 The total special compensation under this article shall be paid only if and to the extent that such compensation is greater than any reward recoverable by the salvor under article 13. 5 If the salvor has been negligent and has thereby failed to prevent or minimize damage to the environment, he may be deprived of the whole or part of any special compensation due under this article. 6 Nothing in this article shall affect any right of recourse on the part of the owner of the vessel.
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ARTICLE 15
Apportionment between salvors 1 The apportionment of a reward under article 13 between salvors shall be made on the basis of the criteria contained in that article. 2 The apportionment between the owner, master and other persons in the service of each sailing vessel shall be determined by the law of the flag of that vessel. If the salvage has not been carried out from a vessel, the apportionment shall be determined by the law governing the contract between the salvor and his servants.
ARTICLE 16
Salvage of persons 1 No remuneration is due from persons whose lives are saved, but nothing in this article shall affect the provisions of national law on this subject. 2 A salvor of human life, who has taken part in the services rendered on the occasion of the accident giving rise to salvage, is entitled to a fair share of the payment awarded to the salvor for salving the vessel or other property or preventing or minimizing damage to the environment.
ARTICLE 17
Services rendered under existing contracts No payment is due under the provisions of this Convention unless the services rendered exceed what can be reasonably considered as due performance of a contract entered into before the danger arose.
ARTICLE 18
The effect of salvor’s misconduct A salvor may be deprived of the whole or part of the payment due under this Convention to the extent that salvage operations have become necessary or more difficult because of fault or neglect on his part or if the salvor has been guilty of fraud or other dishonest conduct.
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ARTICLE 19
Prohibition of salvage operations Services rendered notwithstanding the express and reasonable prohibition of the owner or master of the vessel or the owner of any other property in danger which is not and has not been on board the vessel shall not give rise to payment under this Convention.
Chapter IV - Claims and Actions ARTICLE 20
Maritime lien 1 Nothing in this Convention shall affect the salvor’s maritime lien under any international convention or national law. 2 The salvor may not enforce his maritime lien when satisfactory security for his claim, including interest and costs, has been duly tendered or provided.
ARTICLE 21
Duty to provide security 1 Upon the request of the salvor a person liable for payment due under this Convention shall provide satisfactory security for the claim, including interest and costs of the salvor. 2 Without prejudice to paragraph 1, the owner of the salved vessel shall use his best endeavours to ensure that the owners of the cargo provide satisfactory security for the claims against them including interest and costs before the cargo is released. 3 The salved vessel and other property shall not, without the consent of the salvor, be removed from the port or place at which they first arrive after the completion of the salvage operations until satisfactory security has been put up for the salvor’s claim against the relevant vessel or property.
ARTICLE 22
Interim payment 1 The tribunal having jurisdiction over the claim of the salvor may, by interim decision, order that the salvor shall be paid on account such amount as seems fair and just, and on such terms including terms as to security where appropriate, as may be fair and just according to the circumstances of the case.
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2 In the event of an interim payment under this article the security provided under article 21 shall be reduced accordingly.
ARTICLE 23
Limitation of actions 1 Any action relating to payment under this Convention shall be time-barred if judicial or arbitral proceedings have not been instituted within a period of two years. The limitation period commences on the day on which the salvage operations are terminated. 2 The person against whom a claim is made may at any time during the running of the limitation period extend that period by a declaration to the claimant. This period may in the like manner be further extended. 3 An action for indemnity by a person liable may be instituted even after the expiration of the limitation period provided for in the preceding paragraphs, if brought within the time allowed by the law of the State where proceedings are instituted.
ARTICLE 24
Interest The right of the salvor to interest on any payment due under this Convention shall be determined according to the law of the State in which the tribunal seized of the case is situated.
ARTICLE 25
State-owned cargoes Unless the State owner consents, no provision of this Convention shall be used as a basis for the seizure, arrest or detention by any legal process of, nor for any proceedings in rem against, non-commercial cargoes owned by a State and entitled, at the time of the salvage operations, to sovereign immunity under generally recognized principles of international law.
ARTICLE 26
Humanitarian cargoes No provision of this Convention shall be used as a basis for the seizure, arrest or detention of humanitarian cargoes donated by a State, if such State has agreed to pay for salvage services rendered in respect of such humanitarian cargoes.
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ARTICLE 27
Publication of arbitral awards States Parties shall encourage, as far as possible and with the consent of the parties, the publication of arbitral awards made in salvage cases.
Chapter V - Final Clauses ARTICLE 28
Signature, ratification, acceptance, approval and accession 1 This Convention shall be open for signature at the Headquarters of the Organization from 1 July 1989 to 30 June 1990 and shall thereafter remain open for accession. 2 States may express their consent to be bound by this Convention by: (a) signature without reservation as to ratification, acceptance or approval; or (b) signature subject to ratification, acceptance or approval, followed by ratification, acceptance or approval; or (c) accession. 3 Ratification, acceptance, approval or accession shall be effected by the deposit of an instrument to that effect with the Secretary-General.
ARTICLE 29
Entry into force 1 This Convention shall enter into force one year after the date on which 15 States have expressed their consent to be bound by it. 2 For a State which expresses its consent to be bound by this Convention after the conditions for entry into force thereof have been met, such consent shall take effect one year after the date of expression of such consent.
ARTICLE 30
Reservations 1 Any State may, at the time of signature, ratification, acceptance, approval or accession, reserve the right not to apply the provisions of this Convention: (a) when the salvage operation takes place in inland waters and all vessels involved are of inland navigation; (b) when the salvage operations take place in inland waters and no vessel is involved;
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(c) when all interested parties are nationals of that State; (d) when the property involved is maritime cultural property of prehistoric, archaeological or historic interest and is situated on the sea-bed.
2 Reservations made at the time of signature are subject to confirmation upon ratification, acceptance or approval. 3 Any State which has made a reservation to this Convention may withdraw it at any time by means of a notification addressed to the Secretary-General. Such withdrawal shall take effect on the date the notification is received. If the notification states that the withdrawal of a reservation is to take effect on a date specified therein, and such date is later than the date the notification is received by the Secretary-General, the withdrawal shall take effect on such later date.
ARTICLE 31
Denunciation 1 This Convention may be denounced by any State Party at any time after the expiry of one year from the date on which this Convention enters into force for that State. 2 Denunciation shall be effected by the deposit of an instrument of denunciation with the Secretary-General. 3 A denunciation shall take effect one year, or such longer period as may be specified in the instrument of denunciation, after the receipt of the instrument of denunciation by the Secretary-General.
ARTICLE 32
Revision and amendment 1 A conference for the purpose of revising or amending this Convention may be convened by the Organization. 2 The Secretary-General shall convene a conference of the States Parties to this Convention for revising or amending the Convention, at the request of eight States Parties, or one fourth of the States Parties, whichever is the higher figure. 3 Any consent to be bound by this Convention expressed after the date of entry into force of an amendment to this Convention shall be deemed to apply to the Convention as amended.
ARTICLE 33
Depositary 1 This Convention shall be deposited with the SecretaryGeneral.
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2 The Secretary-General shall: (a) inform all States which have signed this Convention or acceded thereto, and all Members of the Organization, of: (i) each new signature or deposit of an instrument of ratification, acceptance, approval or accession together with the date thereof; (ii) the date of the entry into force of this Convention; (iii) the deposit of any instrument of denunciation of this Convention together with the date on which it is received and the date on which the denunciation takes effect; (iv) any amendment adopted in conformity with article 32; (v) the receipt of any reservation, declaration or notification made under this Convention; (b) transmit certified true copies of this Convention to all States which have signed this Convention or acceded thereto.
3 As soon as this Convention enters into force, a certified true copy thereof shall be transmitted by the Depositary to the Secretary-General of the United Nations for registration and publication in accordance with Article 102 of the Charter of the United Nations.
ARTICLE 34
Languages This Convention is established in a single original in the Arabic, Chinese, English, French, Russian and Spanish languages, each text being equally authentic. IN WITNESS WHEREOF the undersigned being duly authorized by their respective Governments for that purpose have signed this Convention. DONE AT LONDON this twenty-eighth day of April one thousand nine hundred and eighty-nine.
ATTACHMENT 1
Common Understanding concerning Articles 13 and 14 of the International Convention on Salvage, 1989 It is the common understanding of the Conference that, in fixing a reward under article 13 and assessing special compensation under article 14 of the International Convention on Salvage, 1989 the tribunal is under no duty to fix a reward under article 13 up to the maximum salved value of the vessel and other property before assessing the special compensation to be paid under article 14.
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Chapter 1: Wrecked, Abandoned or Hazardous Vessels Act SCHEDULE 2 Salvage
ATTACHMENT 2
Resolution requesting the amendment of the York-Antwerp Rules, 1974 THE INTERNATIONAL CONFERENCE ON SALVAGE, 1989, HAVING ADOPTED the International Convention on Salvage, 1989, CONSIDERING that payments made pursuant to article 14 are not intended to be allowed in general average, REQUESTS the Secretary-General of the International Maritime Organization to take the appropriate steps in order to ensure speedy amendment of the York-Antwerp Rules, 1974, to ensure that special compensation paid under article 14 is not subject to general average.
ATTACHMENT 3
Resolution on international cooperation for the implementation of the International Convention on Salvage, 1989 THE INTERNATIONAL CONFERENCE ON SALVAGE, 1989, IN ADOPTING the International Convention on Salvage, 1989 (hereinafter referred to as “The Convention”), CONSIDERING IT DESIRABLE that as many States as possible should become Parties to the Convention, RECOGNIZING that the entry into force of the Convention will represent an important additional factor for the protection of the marine environment, CONSIDERING that the international publicizing and wide implementation of the Convention is of the utmost importance for the attainment of its objectives, I RECOMMENDS: (a) that the Organization promote public awareness of the Convention through the holding of seminars, courses or symposia; (b) that training institutions created under the auspices of the Organization include the study of the Convention in their corresponding courses of study. II REQUESTS: (a) Members States to transmit to the Organization the text of the laws, orders, decrees, regulations and other instruments that they promulgate concerning the various matters falling within the scope of application of the Convention;
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(b) Member States, in consultation with the Organization, to promote the giving of help to those States requesting technical assistance for the drafting of laws, orders, decrees, regulations and other instruments necessary for the implementation of the Convention; and (c) the Organization to notify Member States of any communication it may receive under paragraph II(a).
PART 2
Canada’s Reservations The Government of Canada reserves the right not to apply the provisions of the International Convention on Salvage, 1989 when the property involved is maritime cultural property of prehistoric, archaeological or historic interest and is situated on the seabed.
Published under authority of the Speaker of the House of Commons 2015-2016-2017-2018-2019
Disponible sur le site Web de la Chambre des comm
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First Session, Forty-second Parliament, 64-65-66-67-68 Elizabeth II, 2015-2016-2017-2018-2019
STATUTES OF CANADA 2019
CHAPTER 3
An Act for granting to Her Majesty certain sums of money for the federal public administration for the fiscal year ending March 31, 2019
ASSENTED TO MARCH 22, 2019 BILL C-95
SUMMARY This enactment grants the sum of $2,506,921,491 towards defraying charges and expenses of the federal public administration for the fiscal year ending March 31, 2019 that are not otherwise provided for.
i
64-65-66-67-68 ELIZABETH II
CHAPTER 3
An Act for granting to Her Majesty certain sums of money for the federal public administration for the fiscal year ending March 31, 2019 [Assented to 22nd March, 2019] MOST GRACIOUS SOVEREIGN, Preamble Whereas it appears by message from Her Excellency the Right Honourable Julie Payette, Governor General and Commander-in-Chief of Canada, and the Estimates accompanying that message, that the sums mentioned below are required to defray certain expenses of the federal public administration, not otherwise provided for, for the fiscal year ending March 31, 2019, and for other purposes connected with the federal public administration;
May it therefore please Your Majesty, that it may be enacted, and be it enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, that: Short title 1 This Act may be cited as the Appropriation Act No. 4,
2018–19. $2,506,921,491 granted for 2018–19 2 There may be paid out of the Consolidated Revenue
Fund a sum not exceeding in the aggregate $2,506,921,491 towards defraying the various charges and expenses of the federal public administration for the fiscal year ending March 31, 2019, not otherwise provided for, which is the total of the amounts of the items set out in the Supplementary Estimates (B) for that fiscal year as set out in Schedules 1 and 2.
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Chapter 3: Appropriation Act No. 4, 2018–19 Sections 3-6
Transfers of appropriations 3 The transfers of appropriations set out in the Estimates referred to in section 2 are deemed to have been authorized on April 1, 2018. Purpose of each item 4 (1) The amount authorized by this Act to be paid in respect of an item may be paid only for the purposes, and subject to any terms and conditions, specified in the item. Effective date (2) The provisions of each item set out in Schedules 1
and 2 are deemed to have effect as of April 1, 2018. Adjustments in accounts of Canada — Schedule 1 5 An appropriation that is granted by this Act or any other Act and referred to in Schedule 1 may be charged after the end of the fiscal year for which the appropriation is granted at any time before the day on which the Public Accounts for that fiscal year are tabled in Parliament, for the purpose of making adjustments in the accounts of Canada for that fiscal year that do not require payments out of the Consolidated Revenue Fund.
Adjustments in accounts of Canada — Schedule 2 6 (1) An appropriation that is granted by this Act or any other Act and referred to in Schedule 2 may be charged after the end of the fiscal year following the fiscal year for which the appropriation is granted at any time before the day on which the Public Accounts for that second fiscal year are tabled in Parliament, for the purpose of making adjustments in the accounts of Canada for that second fiscal year that do not require payments out of the Consolidated Revenue Fund.
Order of payment (2) Despite any other provision of this Act, amounts appropriated by this Act and set out in Schedule 2 may be paid and applied at any time on or before March 31, 2020, so long as every payment is charged first against the relevant amount appropriated under any Act that is earliest in time until that amount is exhausted, next against the relevant amount appropriated under any other Act, including this Act, that is next in time until that amount is exhausted and so on. The balance of amounts so appropriated by this Act that have not been charged, subject to the adjustments referred to in section 37 of the Financial Administration Act, lapse at the end of the fiscal year following the fiscal year ending March 31, 2019.
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Chapter 3: Appropriation Act No. 4, 2018–19 SCHEDULE 1
SCHEDULE 1
Based on the Supplementary Estimates (B), 2018–19, the amoun the items set out in this Schedule.
Sums granted to Her Majesty by this Act for the fiscal year ending Vote No.
Items
ADMINISTRATIVE TRIBUNALS SUPPORT SERVICE OF CAN Service canadien d’appui aux tribunaux administratifs 1b
– Program expenditures
– Authority to make recoverable expenditures in relation Canada Pension Plan and the Employment Insurance A CANADIAN FOOD INSPECTION AGENCY Agence canadienne d’inspection des aliments 1b
– Operating expenditures
– The grants listed in any of the Estimates for the fiscal ye – Contributions 5b
– Capital expenditures
CANADIAN HIGH ARCTIC RESEARCH STATION Station canadienne de recherche dans l’Extrême-Arctiq 1b
– Program expenditures
– The grants listed in any of the Estimates for the fiscal ye – Contributions CANADIAN INSTITUTES OF HEALTH RESEARCH Instituts de recherche en santé du Canada 5b
– The grants listed in any of the Estimates for the fiscal ye
CANADIAN NORTHERN ECONOMIC DEVELOPMENT AGEN Agence canadienne de développement économique du 5b
– The grants listed in any of the Estimates for the fiscal ye – Contributions CANADIAN TOURISM COMMISSION Commission canadienne du tourisme
1b
– Payments to the Commission COMMUNICATIONS SECURITY ESTABLISHMENT Centre de la sécurité des télécommunications
1b
– Program expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal including the provision of internal support services und CORRECTIONAL SERVICE OF CANADA Service correctionnel du Canada 1b
– Operating expenditures
– The grants listed in any of the Estimates for the fiscal ye – Contributions
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Chapter 3: Appropriation Act No. 4, 2018–19 SCHEDULE 1
Vote No.
Items
– Authority to deposit into the Inmate Welfare Fund reven cal year from projects operated by inmates and finance
– Authority to operate canteens in federal institutions and fiscal year, revenue from sales into the Inmate Welfare
– Payments, in accordance with terms and conditions pre in Council,
(a) to or on behalf of discharged inmates who suffer caused by participation in normal program activity i
(b) to dependants of deceased inmates and discharg deaths resulted from participation in normal progra tutions
– Authority for the Minister of Public Safety and Emergen to the approval of the Governor in Council, to enter into province for
(a) the confinement in institutions of that province o committed or transferred to a penitentiary;
(b) compensation for the maintenance of such perso
(c) payment in respect of the construction and relate tions DEPARTMENT FOR WOMEN AND GENDER EQUALITY Ministère des Femmes et de l’Égalité des genres 1b
– Operating expenditures
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 5b
– The grants listed in any of the Estimates for the fiscal ye – Contributions DEPARTMENT OF CANADIAN HERITAGE Ministère du Patrimoine canadien
1b
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal
(a) the activities of the Canadian Conservation Instit itage Information Network and the Canadian Audio(b) activities undertaken under the Capital Experienc
(c) the provision of internal support services under s
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 5b
– The grants listed in any of the Estimates for the fiscal ye – Contributions DEPARTMENT OF CITIZENSHIP AND IMMIGRATION Ministère de la Citoyenneté et de l’Immigration
1b
– Operating expenditures
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Chapter 3: Appropriation Act No. 4, 2018–19 SCHEDULE 1
Vote No.
Items
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year from the provision of services related to Canada — revenues that it receives in that fiscal year fr services
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 10b
– The grants listed in any of the Estimates for the fiscal ye
– Contributions, including the provision of goods and ser 15b
– The writing off, as referred to in subsection 25(2) of the Act, of 748 debts due to Her Majesty in right of Canada related to immigration loans
DEPARTMENT OF EMPLOYMENT AND SOCIAL DEVELOPM Ministère de l’Emploi et du Développement social 1b
– Operating expenditures
– Authority to make recoverable expenditures in relation Canada Pension Plan and the Employment Insurance A
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela incurs in that fiscal year — revenues that it receives in t
(a) the provision of Public Access Programs Sector s
(b) the provision of services to assist provinces in th provincial programs funded under Labour Market D
(c) the provision of services on behalf of other feder ments;
(d) the provision of internal support services under s
(e) any amount charged to a Crown corporation und Government Employees Compensation Act in relatio for subrogated claims for Crown corporations; and
(f) the portion of the Government Employees Comp tal or agency subrogated claim settlements related t
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 5b
– The grants listed in any of the Estimates for the fiscal ye – Contributions
10b
– The writing off, as referred to in subsection 25(2) of the Act, of 31,658 debts due to Her Majesty in right of Cana to $163,501,480 related to student loans made under th cial Assistance Act DEPARTMENT OF FINANCE Ministère des Finances
1b
– Program expenditures – Contributions
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela
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Chapter 3: Appropriation Act No. 4, 2018–19 SCHEDULE 1
Vote No.
Items
incurs in that fiscal year — revenues that it receives in t provision of internal support services under section 29.
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min L15b
– Pursuant to subsection 8(2) of the Bretton Woods and R the amount of financial assistance provided by the Min stitution specified in subsection 8(1) of that Act in supp velopment Banks Infrastructure Loan Refinancing Facili ceed $100,000,000 over the period of the fiscal years 20
L20b
– Pursuant to subsection 8(2) of the Bretton Woods and R the amount of financial assistance provided by the Min ternational Bank for Reconstruction and Development b shares is not to exceed $186,422,091 in United States d the fiscal years 2018–19 to 2023–24
L25b
– To increase from $1,537,548,567 to $2,810,930,611 in Un the purposes of Finance Vote L17c, Appropriation Act N amount of financial assistance provided by the Ministe national Bank for Reconstruction and Development by shares that is not to be exceeded and that is to remain indefinite period DEPARTMENT OF FISHERIES AND OCEANS Ministère des Pêches et des Océans
1b
– Operating expenditures
– Canada’s share of expenses of the international fisherie – Authority to provide free office accommodation for the commissions
– Authority to make recoverable advances in the amounts ternational fisheries commissions of joint cost projects
– Authority to make recoverable advances for transportat er shipping services performed for individuals, outside ernments in the course of, or arising out of, the exercis tion, including aids to navigation and shipping –
Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal (a) in the course of, or arising from, the activities of Guard; and
(b) from the provision of internal support services u Act
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 10b
– The grants listed in any of the Estimates for the fiscal ye – Contributions
DEPARTMENT OF FOREIGN AFFAIRS, TRADE AND DEVEL Ministère des Affaires étrangères, du Commerce et du
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Chapter 3: Appropriation Act No. 4, 2018–19 SCHEDULE 1
Vote No. 1b
Items
– Operating expenditures, including those related to the a representatives abroad, to the staff of those representa ment of Canadians to the staffs of international organiz
– Authority to make recoverable advances to internationa amounts not exceeding the amounts of the shares of th
– Expenditures in respect of the provision of office accom tional Civil Aviation Organization
– Authority to make recoverable expenditures for assistan distressed Canadian citizens and Canadian residents liv their dependants
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela incurs in that fiscal year — revenues that it receives in t (a) trade and education fairs; (b) departmental publications; and (c) the following services:
(i) training services provided by the Canadian Fo
(ii) trade missions and other international busine (iii) investment development services, (iv) international telecommunication services,
(v) other services provided abroad to other depa Crown corporations and non-federal organization (vi) specialized consular services
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 10b
– The grants listed in any of the Estimates for the fiscal ye
– Contributions, including payments for other specified p sion of goods and services for (a) the promotion of trade and investment; and
(b) international humanitarian assistance and assist national security, international development and glo 15b
– Payments made
(a) in respect of pension, insurance and social secur rangements for employees locally engaged outside
(b) in respect of the administration of such program cluding premiums, contributions, benefit payments, tures made in respect of such employees and for an Treasury Board determines 20b
– Pursuant to subsection 12(2) of the International Develo tions) Assistance Act, the amount of financial assistanc ter of Foreign Affairs, in consultation with the Minister rect payments for the purpose of contributions to the in tutions may not exceed $250,684,323 in the fiscal year 2
L25b
– Pursuant to subsection 12(2) of the International Develo tions) Assistance Act, the amount of financial assistanc ter of Foreign Affairs, in consultation with the Minister purchase of shares of international financial institutions ceed $11,723,011 in United States dollars in the fiscal y amount is estimated in Canadian dollars at $15,617,035
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Chapter 3: Appropriation Act No. 4, 2018–19 SCHEDULE 1
Vote No.
Items
DEPARTMENT OF INDIAN AFFAIRS AND NORTHERN DEV Ministère des Affaires indiennes et du Nord canadien 1b
– Operating expenditures – Expenditures on works, buildings and equipment
– Authority to make expenditures — recoverable or other formed on property that is not federal property and on spect of that property
– Authority to provide, in respect of Indian and Inuit econ ties, for the capacity development for Indians and Inuit terials and equipment – Authority to sell electric power to private consumers in alternative local sources of supply are not available, in and conditions approved by the Governor in Council
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela incurs in that fiscal year — revenues that it receives in t provision of internal support services under section 29.
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 10b
– The grants listed in any of the Estimates for the fiscal ye – Contributions DEPARTMENT OF INDIGENOUS SERVICES CANADA Ministère des Services aux Autochtones Canada
1b
– Operating expenditures – Expenditures on works, buildings and equipment
– Authority to make expenditures — recoverable or other formed on property that is not federal property and on spect of that property
– Authority to provide, in respect of Indian and Inuit econ ties, for the capacity development for Indians and Inuit terials and equipment – Authority to sell electric power to private consumers in alternative local sources of supply are not available, in and conditions approved by the Governor in Council
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela incurs in that fiscal year — revenues that it receives in t
(a) the provision of services or the sale of products r tion and medical services; and
(b) the provision of internal support services under s
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 10b
– The grants listed in any of the Estimates for the fiscal ye
– Contributions, in the form of monetary payments or the services
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Chapter 3: Appropriation Act No. 4, 2018–19 SCHEDULE 1
Vote No.
Items DEPARTMENT OF INDUSTRY Ministère de l’Industrie
1b
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal
(a) the provision of internal support services under s and the provision of internal support services to the Property Office;
(b) activities and operations related to communicati munications Research Centre;
(c) services and insolvency processes under the Ban Act at the Office of the Superintendent of Bankruptc
(d) activities and operations carried out by Corporat Canada Business Corporations Act, the Boards of Tr operatives Act and the Canada Not-for-profit Corpor
(e) services and regulatory processes for mergers an ters, including pre-merger notifications, advance rul ten opinions, under the Competition Act at the Com
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 10b
– The grants listed in any of the Estimates for the fiscal ye – Contributions DEPARTMENT OF NATIONAL DEFENCE Ministère de la Défense nationale
1b
– Operating expenditures
– Authority for total commitments, subject to allotment b of $33,438,160,225 for the purposes of Votes 1, 5 and 10 gardless of the year in which the payment of those com which it is estimated that $13,906,191,483 will come du years)
– Authority, subject to the direction of the Treasury Board penditures or advances in respect of materials supplied formed on behalf of, individuals, corporations, outside departments and agencies and other governments – Authority to make payments
(a) in respect of pension, insurance and social secur rangements for employees locally engaged outside
(b) in respect of the administration of such program cluding premiums, contributions, benefit payments, tures made in respect of such employees and for an Treasury Board determines
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela incurs in that fiscal year — revenues that it receives in t from the provision of internal support services under se
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min
2015-2016-2017-2018-2019
Chapter 3: Appropriation Act No. 4, 2018–19 SCHEDULE 1
Vote No. 5b
Items – Capital expenditures DEPARTMENT OF NATURAL RESOURCES Ministère des Ressources naturelles
1b
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal (a) the sale of forestry and information products;
(b) the issue of licences, permits and certificates und the Explosives Regulations, 2013;
(c) training and certification activities related to the A ferred to in paragraph (b);
(d) research, consultation, testing, analysis and adm research products as part of the departmental opera
(e) the provision of internal support services under s cial Administration Act
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 10b
– The grants listed in any of the Estimates for the fiscal ye – Contributions
DEPARTMENT OF PUBLIC SAFETY AND EMERGENCY PRE Ministère de la Sécurité publique et de la Protection civ 5b
– The grants listed in any of the Estimates for the fiscal ye – Contributions
DEPARTMENT OF PUBLIC WORKS AND GOVERNMENT S Ministère des Travaux publics et des Services gouverne 1b
– Operating expenditures for the provision of accommod tral services
– Authority to make recoverable expenditures in relation Canada Pension Plan, the Employment Insurance Act a Management Act
– Authority to expend revenues that it receives during the the provision of accommodation, common and central
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal provision of internal support services under section 29.
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 5b
– Capital expenditures including expenditures on works o ty
– Authority to reimburse tenants of federal property for im by the Minister of Public Works and Government Servic
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Chapter 3: Appropriation Act No. 4, 2018–19 SCHEDULE 1
Vote No. L10b
Items
– To increase from $36,000,000 to $50,000,000 the amoun at any time during the period beginning on April 1, 201 2023 for the purposes of Finance Vote L29g, Appropriat amended by Supply and Services Vote L15b, Appropria and by Department of Public Works and Government S priation Act No. 5, 2017–18 DEPARTMENT OF TRANSPORT Ministère des Transports
1b
– Operating expenditures
– Authority to make expenditures on other than federal p or arising out of the exercise of jurisdiction in, aeronau – Authority for the payment of commissions for revenue nautics Act
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal provision of internal support services under section 29.
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 5b
– Capital expenditures
10b
Grants and contributions – Efficient Transportation System
– The grants listed in any of the Estimates for the fiscal ye – Contributions 15b
Grants and contributions – Green and Innovative Transpor
– The grants listed in any of the Estimates for the fiscal ye – Contributions DEPARTMENT OF VETERANS AFFAIRS Ministère des Anciens Combattants 5b
– The grants listed in any of the Estimates for the fiscal ye listed for any grant may be increased or decreased, sub the Treasury Board – Contributions LEADERS’ DEBATES COMMISSION Commission aux débats des chefs
1b
– Program expenditures LIBRARY OF PARLIAMENT Bibliothèque du Parlement
1b
– Program expenditures
– Authority to expend revenues that it receives in the fisc tivities NATIONAL ENERGY BOARD Office national de l’énergie 1b
– Program expenditures – Contributions
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Chapter 3: Appropriation Act No. 4, 2018–19 SCHEDULE 1
Vote No.
Items NATIONAL RESEARCH COUNCIL OF CANADA Conseil national de recherches du Canada
10b
– The grants listed in any of the Estimates for the fiscal ye
– Contributions, including the provision of goods and ser Thirty Meter Telescope Observatory
NATURAL SCIENCES AND ENGINEERING RESEARCH COU Conseil de recherches en sciences naturelles et en géni 5b
– The grants listed in any of the Estimates for the fiscal ye OFFICE OF INFRASTRUCTURE OF CANADA Bureau de l’infrastructure du Canada
10b
– The grants listed in any of the Estimates for the fiscal ye – Contributions OFFICE OF THE CHIEF ELECTORAL OFFICER Bureau du directeur général des élections
1b
– Program expenditures OFFICE OF THE DIRECTOR OF PUBLIC PROSECUTIONS Bureau du directeur des poursuites pénales
1b
– Program expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal
(a) the provision of prosecution and prosecution-rel
(b) the provision to Crown corporations, non-federa national organizations of optional prosecution and p vices that are consistent with the Office’s mandate;
(c) the provision of internal support services under s OFFICE OF THE SENATE ETHICS OFFICER Bureau du conseiller sénatorial en éthique 1b
– Program expenditures PUBLIC HEALTH AGENCY OF CANADA Agence de la santé publique du Canada
10b
– The grants listed in any of the Estimates for the fiscal ye – Contributions ROYAL CANADIAN MOUNTED POLICE Gendarmerie royale du Canada
1b
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela incurs in that fiscal year — revenues that it receives in t from the provision of internal support services under se 5b
– Capital expenditures
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Chapter 3: Appropriation Act No. 4, 2018–19 SCHEDULE 1
Vote No. 10b
Items
– The grants listed in any of the Estimates for the fiscal ye listed for any grant may be increased or decreased, sub the Treasury Board – Contributions SHARED SERVICES CANADA Services partagés Canada
1b
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year from the provision of information techn Shared Services Canada Act — revenues that it receive the provision of those services 5b
– Capital expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset cap incurs in that fiscal year — revenues that it receives in t provision of information technology services under the Act
SOCIAL SCIENCES AND HUMANITIES RESEARCH COUNC Conseil de recherches en sciences humaines 5b
– The grants listed in any of the Estimates for the fiscal ye STATISTICS CANADA Statistique Canada
1b
– Program expenditures
– The grants listed in any of the Estimates for the fiscal ye
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela incurs in that fiscal year — revenues that it receives in t from the provision of internal support services under se THE JACQUES-CARTIER AND CHAMPLAIN BRIDGES INC. Les Ponts Jacques-Cartier et Champlain Inc. 1b
– Payments to the corporation to be applied in payment o ditures over its revenues (exclusive of depreciation on serves) in the operation of the Jacques-Cartier and Cha Champlain Bridge Ice Control Structure, the Melochevil Soeurs Bypass Bridge and the federal sections of the H of the Bonaventure Expressway TREASURY BOARD SECRETARIAT Secrétariat du Conseil du Trésor
1b
– Program expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal of internal support services under section 29.2 of that A tivities
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min
2015-2016-2017-2018-2019
Chapter 3: Appropriation Act No. 4, 2018–19 SCHEDULE 1
Vote No. 10b
Items Government-wide Initiatives
– Authority granted to the Treasury Board to supplement for the fiscal year in support of the implementation of s tiatives in the federal public administration 15b
Compensation Adjustments
– Authority granted to the Treasury Board to supplement for the fiscal year that may need to be partially or fully justments made to terms and conditions of service or e public administration, including the Royal Canadian Mo of members of the Canadian Forces, persons appointed Council and employees of Crown corporations as defin the Financial Administration Act 30b
Paylist Requirements
– Authority granted to the Treasury Board to supplement for the fiscal year for
(a) requirements related to parental and maternity a
(b) entitlements on cessation of service or employm
(c) adjustments that have not been provided from V justments, made to terms and conditions of service federal public administration, including the Royal Ca as well as of members of the Canadian Forces VIA RAIL CANADA INC. VIA Rail Canada Inc. 1b
– Payments to the corporation in respect of the costs of it – Payments to the corporation for capital expenditures
– Payments to the corporation for the provision of rail pas Canada in accordance with contracts entered into pursu (c)(i) of Transport Vote 52d, Appropriation Act No. 1, 19
2015-2016-2017-2018-2019
Chapter 3: Appropriation Act No. 4, 2018–19 SCHEDULE 1 (French)
ANNEXE 1 D’après le Budget supplémentaire des dépenses (B) 2018-2019, la des postes figurant à la présente annexe.
Sommes accordées par la présente loi à Sa Majesté pour l’exercice dées. No du crédit
Postes
AGENCE CANADIENNE DE DÉVELOPPEMENT ÉCONO Canadian Northern Economic Development Agenc 5b
– Subventions inscrites à tout budget des dépenses – Contributions
AGENCE CANADIENNE D’INSPECTION DES ALIMENT Canadian Food Inspection Agency 1b
– Dépenses de fonctionnement – Subventions inscrites à tout budget des dépenses – Contributions
5b
– Dépenses en capital AGENCE DE LA SANTÉ PUBLIQUE DU CANADA Public Health Agency of Canada
10b
– Subventions inscrites à tout budget des dépenses – Contributions BIBLIOTHÈQUE DU PARLEMENT Library of Parliament
1b
– Dépenses du programme
– Autorisation de dépenser les recettes perçues au c proviennent de ses activités BUREAU DE L’INFRASTRUCTURE DU CANADA Office of Infrastructure of Canada 10b
– Subventions inscrites à tout budget des dépenses – Contributions
BUREAU DU CONSEILLER SÉNATORIAL EN ÉTHIQUE Office of the Senate Ethics Officer 1b
– Dépenses du programme
BUREAU DU DIRECTEUR DES POURSUITES PÉNALE Office of the Director of Public Prosecutions 1b
– Dépenses du programme
– Autorisation, au titre du paragraphe 29.1(2) de la L nances publiques, d’affecter, au cours de l’exercic dépenses engagées au cours de cet exercice, les r de celui-ci qui proviennent de ce qui suit :
a) les services de poursuites et les services con
b) les services de poursuites et les services con mandat du Bureau — fournis de manière facult d’État et à des organisations non fédérales ou i
c) les services de soutien internes fournis en ve cette loi.
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Chapter 3: Appropriation Act No. 4, 2018–19 SCHEDULE 1 (French)
No du crédit
Postes
BUREAU DU DIRECTEUR GÉNÉRAL DES ÉLECTIONS Office of the Chief Electoral Officer 1b
– Dépenses du programme
CENTRE DE LA SÉCURITÉ DES TÉLÉCOMMUNICATIO Communications Security Establishment 1b
– Dépenses du programme
– Autorisation, au titre du paragraphe 29.1(2) de la L nances publiques, d’affecter, au cours de l’exercic dépenses engagées au cours de cet exercice, les r de celui-ci qui proviennent de ses activités, notam services de soutien internes en vertu de l’article 29 COMMISSION AUX DÉBATS DES CHEFS Leaders’ Debates Commission 1b
– Dépenses du programme COMMISSION CANADIENNE DU TOURISME Canadian Tourism Commission
1b
– Paiements à la Commission
CONSEIL DE RECHERCHES EN SCIENCES HUMAINES Social Sciences and Humanities Research Council 5b
– Subventions inscrites à tout budget des dépenses
CONSEIL DE RECHERCHES EN SCIENCES NATURELL Natural Sciences and Engineering Research Counc 5b
– Subventions inscrites à tout budget des dépenses CONSEIL NATIONAL DE RECHERCHES DU CANADA National Research Council of Canada
10b
– Subventions inscrites à tout budget des dépenses
– Contributions, y compris la fourniture de biens et d vatoire international du Télescope de trente mètre GENDARMERIE ROYALE DU CANADA Royal Canadian Mounted Police 1b
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la L nances publiques, d’affecter, au cours de l’exercic dépenses connexes engagées au cours de cet exe au cours de celui-ci qui proviennent notamment d vices de soutien internes en vertu de l’article 29.2 5b
– Dépenses en capital
10b
– Subventions inscrites à tout budget des dépenses tant prévu pour chaque subvention pouvant être m l’approbation du Conseil du Trésor – Contributions INSTITUTS DE RECHERCHE EN SANTÉ DU CANADA Canadian Institutes of Health Research
2015-2016-2017-2018-2019
Chapter 3: Appropriation Act No. 4, 2018–19 SCHEDULE 1 (French)
No du crédit 5b
Postes – Subventions inscrites à tout budget des dépenses
LES PONTS JACQUES-CARTIER ET CHAMPLAIN INC. The Jacques-Cartier and Champlain Bridges Inc. 1b
– Paiements à la société à affecter au paiement de l’e sur ses revenus, exception faite de l’amortissemen des réserves, relativement à l’exploitation des pon Champlain, de l’estacade du pont Champlain, du t pont de contournement de l’Île-des-Sœurs et des t pont Honoré-Mercier et de l’autoroute Bonaventur
MINISTÈRE DE LA CITOYENNETÉ ET DE L’IMMIGRAT Department of Citizenship and Immigration 1b
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la L nances publiques, d’affecter, au cours de l’exercic dépenses engagées au cours de cet exercice pour dans le cadre du programme « Expérience interna cettes perçues au cours de cet exercice qui provien ces services
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans p une charge de ministre d’État sans être à la tête d’ d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en ap la Loi sur le Parlement du Canada 10b
– Subventions inscrites à tout budget des dépenses
15b
– Radiation, au titre du paragraphe 25(2) de la Loi su publiques, de 748 dettes relatives à des prêts à de Majesté du chef du Canada et sʼélevant au total à 2
– Contributions, y compris la fourniture de biens et d
MINISTÈRE DE LA DÉFENSE NATIONALE Department of National Defence 1b
– Dépenses de fonctionnement
– Autorisation de contracter, sous réserve d’affectati sor, des engagements totalisant 33 438 160 225 $ à et 10 du ministère, quelle que soit l’année au cour tué tout paiement afférent à l’un ou l’autre de ces est estimé qu’une tranche de 13 906 191 483 $ dev années à venir)
– Autorisation de faire des dépenses ou des avances serve des directives du Conseil du Trésor, à l’égar particuliers, des sociétés, des organismes extérieu ou organismes fédéraux et d’autres administration dus en leur nom
– Autorisation d’effectuer des paiements dans le cad
a) de programmes de pension, d’assurance et d d’autres ententes pour les employés recrutés s Canada;
b) de l’administration de ces programmes ou e primes, contributions, avantages, frais et autre les employés recrutés sur place à l’extérieur du personnes déterminées par le Conseil du Tréso
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Chapter 3: Appropriation Act No. 4, 2018–19 SCHEDULE 1 (French)
No du crédit
Postes
– Autorisation, au titre du paragraphe 29.1(2) de la L nances publiques, d’affecter, au cours de l’exercic dépenses connexes engagées au cours de cet exe au cours de celui-ci qui proviennent notamment d vices de soutien internes en vertu de l’article 29.2
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans p une charge de ministre d’État sans être à la tête d’ d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en ap la Loi sur le Parlement du Canada 5b
– Dépenses en capital
MINISTÈRE DE LA SÉCURITÉ PUBLIQUE ET DE LA PR Department of Public Safety and Emergency Prepa 5b
– Subventions inscrites à tout budget des dépenses – Contributions
MINISTÈRE DE L’EMPLOI ET DU DÉVELOPPEMENT S Department of Employment and Social Developm 1b
– Dépenses de fonctionnement
– Autorisation d’effectuer des dépenses recouvrable Régime de pensions du Canada et de la Loi sur l’a
– Autorisation, au titre du paragraphe 29.1(2) de la L nances publiques, d’affecter, au cours de l’exercic dépenses connexes engagées au cours de cet exe au cours de celui-ci qui proviennent de ce qui suit
a) les services du Secteur des programmes d’a
b) les services visant à aider les provinces à ad grammes provinciaux financés aux termes des pement du marché du travail;
c) les services offerts au nom d’autres ministèr
d) les services de soutien internes fournis en ve cette loi;
e) tout montant facturé à une société d’État en la Loi sur l’indemnisation des agents de l’État e litige pour les recours par subrogation pour les
f) la portion des coûts de litige découlant des rè mandes de réclamation auprès de tiers pour le nismes faits en vertu de la Loi sur l’indemnisat
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans p une charge de ministre d’État sans être à la tête d’ d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en ap la Loi sur le Parlement du Canada 5b
– Subventions inscrites à tout budget des dépenses – Contributions
10b
– Radiation, au titre du paragraphe 25(2) de la Loi su publiques, de 31 658 dettes relatives à des prêts d’ de la Loi fédérale sur l’aide financière aux étudian chef du Canada et sʼélevant au total à 163 501 480
2015-2016-2017-2018-2019
Chapter 3: Appropriation Act No. 4, 2018–19 SCHEDULE 1 (French)
No du crédit
Postes MINISTÈRE DE L’INDUSTRIE Department of Industry
1b
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la L nances publiques, d’affecter, au cours de l’exercic dépenses engagées au cours de cet exercice, les r de celui-ci qui proviennent de ce qui suit :
a) la prestation de services de soutien internes de cette loi et de services de soutien internes à intellectuelle du Canada;
b) les activités liées aux recherches sur les com de recherches sur les communications;
c) les services et la procédure d’insolvabilité, au lite et l’insolvabilité, au Bureau du surintendan
d) les activités de Corporations Canada au titre les sociétés par actions, de la Loi sur les chamb Loi canadienne sur les coopératives et de la Lo ganisations à but non lucratif;
e) les services et la procédure réglementaire au rence pour les fusions et toute chose s’y rappo préalables à une fusion, les certificats de décisi consultatifs au titre de la Loi sur la concurrence
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans p une charge de ministre d’État sans être à la tête d’ d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en ap la Loi sur le Parlement du Canada 10b
– Subventions inscrites à tout budget des dépenses – Contributions
MINISTÈRE DES AFFAIRES ÉTRANGÈRES, DU COMM DÉVELOPPEMENT Department of Foreign Affairs, Trade and Develop 1b
– Dépenses de fonctionnement, y compris celles liée présentants du Canada à l’étranger, à leur personn fectés par le gouvernement canadien au personne tionaux
– Autorisation de faire des avances recouvrables à d naux jusqu’à concurrence de la valeur des actions organismes
– Dépenses relatives aux locaux de l’Organisation de tionale
– Autorisation d’effectuer des dépenses recouvrable et résidents canadiens domiciliés à l’extérieur du C en difficulté à l’étranger, y compris leurs personne trier ces personnes
– Autorisation, au titre du paragraphe 29.1(2) de la L nances publiques, d’affecter, au cours de l’exercic dépenses connexes engagées au cours de cet exe au cours de celui-ci qui proviennent de ce qui suit a) les foires commerciales et éducatives; b) les publications ministérielles; c) la prestation des services suivants :
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Chapter 3: Appropriation Act No. 4, 2018–19 SCHEDULE 1 (French)
No du crédit
Postes
(i) la formation offerte par l’Institut canadien
(ii) les missions commerciales et autres serv du commerce international,
(iii) les services de développement des inve
(iv) les services de télécommunication inter
(v) les autres services fournis à l’étranger à nismes, sociétés d’État et autres organisatio (vi) les services consulaires spécialisés.
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans p une charge de ministre d’État sans être à la tête d’ d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en ap la Loi sur le Parlement du Canada 10b
– Subventions inscrites à tout budget des dépenses – Contributions, y compris les paiements à d’autres ture de biens et de services pour :
a) la promotion du commerce et de l’investisse
b) l’aide humanitaire internationale et l’aide fou rité internationale, le développement internatio 15b
– Paiements effectués dans le cadre :
a) de programmes de pension, d’assurance et d d’autres ententes pour les employés recrutés s Canada;
b) de l’administration de ces programmes ou e primes, contributions, avantages, frais et autre les employés recrutés sur place à l’extérieur du personnes déterminées par le Conseil du Tréso 20b
– Aide financière fournie par le ministre des Affaires tion avec le ministre des Finances, à titre de contri financières internationales pour l’exercice 2018-20 au paragraphe 12(2) de la Loi d’aide au développe tutions financières), ne dépasse pas 250 684 323 $
L25b
– Achat d’actions d’institutions financières internatio 2018-2019 pour une somme d’au plus 11 723 011 $ 035 $ CAN —, effectué en conformité avec le parag d’aide au développement international (institution l’aide financière fournie par le ministre des Affaire tation avec le ministre des Finances
MINISTÈRE DES AFFAIRES INDIENNES ET DU NORD Department of Indian Affairs and Northern Develo 1b
– Dépenses de fonctionnement
– Dépenses relatives aux ouvrages, bâtiments et ma
– Autorisation d’effectuer des dépenses — recouvrab aux travaux effectués sur des propriétés n’apparte ment fédéral et aux services fournis à l’égard de c
– Autorisation d’affecter des fonds dans le cadre d’a grès économique des Indiens et des Inuits, relative la capacité des Indiens et des Inuits et à l’approvis et en matériel
– Autorisation de vendre de l’électricité, conformém prouvées par le gouverneur en conseil, aux conso
2015-2016-2017-2018-2019
Chapter 3: Appropriation Act No. 4, 2018–19 SCHEDULE 1 (French)
No du crédit
Postes
particuliers vivant dans des centres éloignés lorsq accès aux sources alternatives locales d’approvisio
– Autorisation, au titre du paragraphe 29.1(2) de la L nances publiques, d’affecter, au cours de l’exercic dépenses connexes engagées au cours de cet exe au cours de celui-ci qui proviennent de la prestatio internes en vertu de l’article 29.2 de cette loi
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans p une charge de ministre d’État sans être à la tête d’ d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en ap la Loi sur le Parlement du Canada 10b
– Subventions inscrites à tout budget des dépenses – Contributions MINISTÈRE DES ANCIENS COMBATTANTS Department of Veterans Affairs
5b
– Subventions inscrites à tout budget des dépenses tant inscrit à chacune des subventions pouvant êtr de l’approbation du Conseil du Trésor – Contributions
MINISTÈRE DES FEMMES ET DE L’ÉGALITÉ DES GEN Department for Women and Gender Equality 1b
– Dépenses de fonctionnement
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans p une charge de ministre d’État sans être à la tête d’ d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en ap la Loi sur le Parlement du Canada 5b
– Subventions inscrites à tout budget des dépenses – Contributions MINISTÈRE DES FINANCES Department of Finance
1b
– Dépenses du programme – Contributions
– Autorisation, au titre du paragraphe 29.1(2) de la L nances publiques, d’affecter, au cours de l’exercic dépenses connexes engagées au cours de cet exe au cours de celui-ci qui proviennent de la prestatio internes en vertu de l’article 29.2 de cette loi
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans p une charge de ministre d’État sans être à la tête d’ d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en ap la Loi sur le Parlement du Canada
2015-2016-2017-2018-2019
Chapter 3: Appropriation Act No. 4, 2018–19 SCHEDULE 1 (French)
No du crédit
Postes
L15b
– Aide financière fournie par le ministre des Finance ragraphe 8(2) de la Loi sur les accords de Bretton W connexes, à une institution visée au paragraphe 8( tenir le mécanisme de refinancement dʼemprunts rales de développement, d’un montant n’excédant 000 $ pour la période couvrant les exercices 2018L20b
– Aide financière fournie par le ministre des Finance nale pour la reconstruction et le développement, c graphe 8(2) de la Loi sur les accords de Bretton W connexes, sous forme de l’acquisition d’actions n’ 186 422 091 $ US pour la période couvrant les exe 2023-2024
L25b
– Augmentation de 1 537 548 567 $ US à 2 810 930 61 L17c de la Loi de crédits no 4 pour 2011-2012, de l’ par le ministre des Finances à la Banque internatio tion et le développement, sous forme de l’acquisit pas excéder ce montant et qui reste assujettie à un indéfinie MINISTÈRE DES PÊCHES ET DES OCÉANS Department of Fisheries and Oceans
1b
– Dépenses de fonctionnement
– Participation du Canada aux dépenses des commis pêches
– Autorisation de fournir gratuitement des locaux au tionales des pêches
– Autorisation de faire des avances recouvrables équ de la quote-part de ces commissions dans les prog
– Autorisation de faire des avances recouvrables pou port et d’arrimage et d’autres services de la marin des particuliers, à des organismes indépendants e ments en lien avec l’exercice de sa compétence en compris les aides à la navigation et à la navigation
– Autorisation, au titre du paragraphe 29.1(2) de la L nances publiques, d’affecter, au cours de l’exercic dépenses engagées au cours de cet exercice, les r de celui-ci qui proviennent de ce qui suit : a) les activités de la Garde côtière canadienne;
b) la prestation de services de soutien internes de cette loi.
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans p une charge de ministre d’État sans être à la tête d’ d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en ap la Loi sur le Parlement du Canada 10b
– Subventions inscrites à tout budget des dépenses – Contributions MINISTÈRE DES RESSOURCES NATURELLES Department of Natural Resources
1b
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la L nances publiques, d’affecter, au cours de l’exercic dépenses engagées au cours de cet exercice, les r de celui-ci qui proviennent de ce qui suit :
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No du crédit
Postes
a) la vente de produits d’information et de prod
b) la délivrance de licences, de permis et de cer sur les explosifs et du Règlement de 2013 sur le c) la formation et les attestations de formation ment visés à l’alinéa b);
d) la perception, dans le cadre des activités du des services de recherche, de consultation, d’é d’administration et pour l’accès à des travaux d
e) la prestation de services de soutien internes de la Loi sur la gestion des finances publiques.
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans p une charge de ministre d’État sans être à la tête d’ d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en ap la Loi sur le Parlement du Canada 10b
– Subventions inscrites à tout budget des dépenses – Contributions
MINISTÈRE DES SERVICES AUX AUTOCHTONES DU Department of Indigenous Services Canada 1b
– Dépenses de fonctionnement
– Dépenses relatives aux ouvrages, bâtiments et ma
– Autorisation d’effectuer des dépenses — recouvrab aux travaux effectués sur des propriétés n’apparte ment fédéral et aux services fournis à l’égard de c
– Autorisation d’affecter des fonds dans le cadre d’a grès économique des Indiens et des Inuits, relative la capacité des Indiens et des Inuits et à l’approvis et en matériel
– Autorisation de vendre de l’électricité, conformém prouvées par le gouverneur en conseil, aux conso particuliers vivant dans des centres éloignés lorsq accès aux sources alternatives locales d’approvisio
– Autorisation, au titre du paragraphe 29.1(2) de la L nances publiques, d’affecter, au cours de l’exercic dépenses connexes engagées au cours de cet exe au cours de celui-ci qui proviennent de ce qui suit
a) la prestation de services ou la vente de prod protection de la santé et aux services médicaux
b) la prestation de services de soutien internes de cette loi.
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans p une charge de ministre d’État sans être à la tête d’ d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en ap la Loi sur le Parlement du Canada 10b
– Subventions inscrites à tout budget des dépenses
– Contributions, sous forme de paiements en argent biens ou de services
2015-2016-2017-2018-2019
Chapter 3: Appropriation Act No. 4, 2018–19 SCHEDULE 1 (French)
No du crédit
Postes MINISTÈRE DES TRANSPORTS Department of Transport
1b
– Dépenses de fonctionnement
– Autorisation d’engager des dépenses pour des bie dans le cadre de l’exercice d’une compétence en m
– Autorisation de payer des commissions pour le rec en vertu de la Loi sur l’aéronautique
– Autorisation, au titre du paragraphe 29.1(2) de la L nances publiques, d’affecter, au cours de l’exercic dépenses engagées au cours de cet exercice, les r de celui-ci qui proviennent notamment de la prest tien internes en vertu de l’article 29.2 de cette loi
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans p une charge de ministre d’État sans être à la tête d’ d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en ap la Loi sur le Parlement du Canada 5b
– Dépenses en capital
10b
Subventions et contributions — Réseau de transport – Subventions inscrites à tout budget des dépenses – Contributions
15b
Subventions et contributions — Réseau de transport – Subventions inscrites à tout budget des dépenses – Contributions
MINISTÈRE DES TRAVAUX PUBLICS ET DES SERVIC GOUVERNEMENTAUX Department of Public Works and Government Serv 1b
– Dépenses de fonctionnement pour la prestation de locaux et de services communs et centraux
– Autorisation d’effectuer des dépenses recouvrable Régime de pensions du Canada, de la Loi sur l’ass Loi sur l’administration des biens saisis
– Autorisation de dépenser les recettes perçues au c proviennent de la prestation de services de gestio vices communs et centraux
– Autorisation, au titre du paragraphe 29.1(2) de la L nances publiques, d’affecter, au cours de l’exercic dépenses engagées au cours de cet exercice, les r de celui-ci qui proviennent notamment de la prest tien internes en vertu de l’article 29.2 de cette loi
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans p une charge de ministre d’État sans être à la tête d’ d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en ap la Loi sur le Parlement du Canada 5b
– Dépenses en capital, y compris les dépenses relati autres que des biens fédéraux
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Chapter 3: Appropriation Act No. 4, 2018–19 SCHEDULE 1 (French)
No du crédit
Postes
– Autorisation d’effectuer des remboursements à de fédéraux relativement à des améliorations à ceuxnistre des Travaux publics et des Services gouvern L10b
– Augmentation de 36 000 000 $ à 50 000 000 $ de la due, en tout temps au cours de la période comme se terminant le 30 juin 2023, au titre du crédit L29g subsides no 2 de 1967, tel qu’il a été modifié par le crédits no 3 pour 1990-1991 (Approvisionnements dit L7c de la Loi de crédits no 5 pour 2017-2018 (m blics et des Services gouvernementaux) MINISTÈRE DU PATRIMOINE CANADIEN Department of Canadian Heritage
1b
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la L nances publiques, d’affecter, au cours de l’exercic dépenses engagées au cours de cet exercice, les r de celui-ci qui proviennent de ce qui suit :
a) les activités de l’Institut canadien de conserv dien d’information sur le patrimoine et du Bure produits audiovisuels canadiens;
b) les activités afférentes au programme « Expé c) la prestation de services de soutien internes de cette loi.
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans p une charge de ministre d’État sans être à la tête d’ d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en ap la Loi sur le Parlement du Canada 5b
– Subventions inscrites à tout budget des dépenses – Contributions OFFICE NATIONAL DE L’ÉNERGIE National Energy Board
1b
– Dépenses du programme – Contributions SECRÉTARIAT DU CONSEIL DU TRÉSOR Treasury Board Secretariat
1b
– Dépenses du programme
– Autorisation, au titre du paragraphe 29.1(2) de la L nances publiques, d’affecter, au cours de l’exercic dépenses engagées au cours de cet exercice, les r de celui-ci qui proviennent de la prestation de serv en vertu de l’article 29.2 de cette loi et de ses autre
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans p une charge de ministre d’État sans être à la tête d’ d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en ap la Loi sur le Parlement du Canada
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Chapter 3: Appropriation Act No. 4, 2018–19 SCHEDULE 1 (French)
No du crédit 10b
Postes Initiatives pangouvernementales
– Autorisation donnée au Conseil du Trésor d’augme pour l’exercice, pour appuyer la mise en œuvre d’ dans l’administration publique fédérale en matière 15b
Rajustements à la rémunération
– Autorisation donnée au Conseil du Trésor d’augme pour l’exercice qui peut nécessiter un financemen suite de rajustements effectués aux modalités de s l’administration publique fédérale, notamment la G Canada, des membres des Forces canadiennes, de par le gouverneur en conseil et des employés des du paragraphe 83(1) de la Loi sur la gestion des fin 30b
Besoins en matière de rémunération
– Autorisation donnée au Conseil du Trésor d’augme pour l’exercice pour : a) des prestations parentales et de maternité;
b) des versements liés à la cessation de service
c) des rajustements apportés aux modalités de l’administration publique fédérale, notamment du Canada, et des membres des Forces canadie pourvus par le crédit 15, Rajustements à la rém
SERVICE CANADIEN D’APPUI AUX TRIBUNAUX ADM Administrative Tribunals Support Service of Canad 1b
– Dépenses du programme
– Autorisation d’effectuer des dépenses recouvrable Régime de pensions du Canada et de la Loi sur l’a SERVICE CORRECTIONNEL DU CANADA Correctional Service of Canada 1b
– Dépenses de fonctionnement – Subventions inscrites à tout budget des dépenses – Contributions
– Autorisation de verser à la Caisse de bienfaisance tirés, au cours de l’exercice, des activités des déte caisse
– Autorisation d’exploiter des cantines dans les étab de verser les recettes, au cours de l’exercice, à la C des détenus
– Paiements, selon les conditions fixées par le gouve
a) aux détenus libérés aux prises avec une inca de leur participation aux activités normales dan déraux ou pour le compte de tels détenus;
b) aux personnes à charge de détenus — libéré suite de leur participation à de telles activités.
– Autorisation au ministre de la Sécurité publique et sous réserve de l’approbation du gouverneur en c entente avec le gouvernement de toute province e
a) de l’incarcération, dans les établissements d sonnes condamnées ou transférées dans un pé b) de l’indemnisation afférente à l’entretien de
c) du paiement des frais de construction et d’au ces établissements.
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Chapter 3: Appropriation Act No. 4, 2018–19 SCHEDULE 1 (French)
No du crédit
Postes SERVICES PARTAGÉS CANADA Shared Services Canada
1b
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la L nances publiques, d’affecter, au cours de l’exercic dépenses engagées au cours de cet exercice pour de technologie de l’information au titre de la Loi s Canada, les recettes perçues au cours de celui-ci q prestation de ces services 5b
– Dépenses en capital
– Autorisation, au titre du paragraphe 29.1(2) de la L nances publiques, d’affecter, au cours de l’exercic dépenses en capital engagées au cours de cet exe au cours de celui-ci qui proviennent de la prestatio logie de l’information au titre de la Loi sur Service
STATION CANADIENNE DE RECHERCHE DANS L’EXT Canadian High Arctic Research Station 1b
– Dépenses du programme – Subventions inscrites à tout budget des dépenses – Contributions STATISTIQUE CANADA Statistics Canada
1b
– Dépenses du programme – Subventions inscrites à tout budget des dépenses
– Autorisation, au titre du paragraphe 29.1(2) de la L nances publiques, d’affecter, au cours de l’exercic dépenses connexes engagées au cours de cet exe au cours de celui-ci qui proviennent notamment d vices de soutien internes en vertu de l’article 29.2 VIA RAIL CANADA INC. VIA Rail Canada Inc. 1b
– Paiements à la société pour les dépenses liées à sa
– Paiements à la société pour les dépenses en capita
– Paiements à la société en vue de la prestation d’un Canada, conformément aux contrats conclus en ve du crédit 52d (Transports) de la Loi no 1 de 1977 p dits
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Chapter 3: Appropriation Act No. 4, 2018–19 SCHEDULE 2
SCHEDULE 2
Based on the Supplementary Estimates (B), 2018–19, the amoun items set out in this Schedule.
Sums granted to Her Majesty by this Act for the fiscal year endin following fiscal year ending March 31, 2020 and the purposes for w Vote No.
Items CANADA REVENUE AGENCY Agence du revenu du Canada
1b
– Operating expenditures – Contributions
– Authority to make recoverable expenditures in relation Canada Pension Plan and the Employment Insurance A 5b
– Capital expenditures
– Authority to make recoverable expenditures in relation Canada Pension Plan and the Employment Insurance A PARKS CANADA AGENCY Agence Parcs Canada 1b
– Program expenditures – Capital expenditures
– The grants listed in any of the Estimates for the fiscal y – Contributions, including
(a) expenditures on other than federal property; and
(b) payments to provinces and municipalities as con cost of undertakings carried out by those bodies
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Chapter 3: Appropriation Act No. 4, 2018–19 SCHEDULE 2 (French)
ANNEXE 2
D’après le Budget supplémentaire des dépenses (B) 2018-2019, la des postes figurant à la présente annexe.
Sommes accordées par la présente loi à Sa Majesté pour l’exercice en cours et à l’exercice suivant se terminant le 31 mars 2020, et fin No du crédit
Postes AGENCE DU REVENU DU CANADA Canada Revenue Agency
1b
– Dépenses de fonctionnement – Contributions
– Autorisation d’effectuer des dépenses recouvrables gime de pensions du Canada et de la Loi sur l’assu 5b
– Dépenses en capital
– Autorisation d’effectuer des dépenses recouvrables gime de pensions du Canada et de la Loi sur l’assu AGENCE PARCS CANADA Parks Canada Agency 1b
– Dépenses du programme – Dépenses en capital
– Subventions inscrites à tout budget des dépenses p – Contributions, notamment :
a) les dépenses afférentes à des propriétés autr ment fédéral;
b) les paiements aux provinces et aux municipa tions à l’égard des engagements assumés par c
Published under authority of the Speaker of the House of Commons 2015-2016-2017-2018-2019
Disponible sur le site Web de la Chambre des comm
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First Session, Forty-second Parliament, 64-65-66-67-68 Elizabeth II, 2015-2016-2017-2018-2019
STATUTES OF CANADA 2019
CHAPTER 2
An Act to amend the Federal Sustainable Development Act
ASSENTED TO FEBRUARY 28, 2019 BILL C-57
RECOMMENDATION His Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act to amend the Federal Sustainable Development Act”.
SUMMARY This enactment amends the Federal Sustainable Development Act to make decision making related to sustainable development more transparent and subject to accountability to Parliament.
i
64-65-66-67-68 ELIZABETH II
CHAPTER 2
An Act to amend the Federal Sustainable Development Act [Assented to 28th February, 2019] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 2008, c. 33
Federal Sustainable Development Act 1 (1) The definitions precautionary principle and target in section 2 of the Federal Sustainable Development Act are repealed. (2) The definition Minister in section 2 of the Act is replaced by the following:
Minister means the Minister of the Environment, unless the context otherwise requires. (ministre) (3) Section 2 of the Act is amended by adding the following in alphabetical order:
appropriate Minister has the same meaning as in section 2 of the Financial Administration Act. (ministre compétent) designated entity means an entity named in the schedule. (entité désignée) entity means (a) any body named in any of Schedules I to II to the
Financial Administration Act; or (b) any Crown corporation as defined in section 2 of the Financial Administration Act. (entité)
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Chapter 2: An Act to amend the Federal Sustainable Development Act Federal Sustainable Development Act Sections 2-3
2 Section 3 of the Act is replaced by the following:
Purpose 3 The purpose of this Act is to provide the legal framework for developing and implementing a Federal Sustainable Development Strategy that makes decision making related to sustainable development more transparent and subject to accountability to Parliament, promotes coordinated action across the Government of Canada to advance sustainable development and respects Canada’s domestic and international obligations relating to sustainable development, with a view to improving the quality of life of Canadians.
3 Section 5 of the Act is replaced by the following:
Principles 5 The following principles shall be considered in the development of sustainable development strategies: (a) the principle that sustainable development is based on an efficient use of natural, social and economic resources and the need for the Government of Canada to integrate environmental, economic and social factors in the making of all of its decisions; (a.1) the principle that sustainable development (i) is a continually evolving concept, (ii) may be achieved by, among other things, the protection of ecosystems, prevention of pollution, protection of human health, promotion of equity, conservation of cultural heritage, respect for domestic and international obligations relating to sustainable development and recognition of the present generation’s responsibility to provide future generations with a healthy and ecologically sound environment, and (iii) may be advanced by, among other things, taking into account the precautionary principle, the “polluter pays” principle, the principle of internalization of costs and the principle of continuous improvement; (b) the principle of intergenerational equity, which is the principle that it is important to meet the needs of the present generation without compromising the ability of future generations to meet their own needs; (c) the principle of openness and transparency, which is the principle that the release of information should
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Chapter 2: An Act to amend the Federal Sustainable Development Act Federal Sustainable Development Act Sections 3-5
be encouraged to support accountability and public engagement; (d) the principle that it is important to involve Aboriginal peoples because of their traditional knowledge and their unique understanding of, and connection to, Canada’s lands and waters; (e) the principle of collaboration, which is the principle that it is important for stakeholders to collaborate in the pursuit of common objectives; and (f) the principle that a results and delivery approach — that allows for developing objectives, developing strategies for meeting those objectives, using indicators for reporting on progress towards meeting those objectives and establishing accountability — is key to meeting measurable targets.
2010, c. 16, s. 1
4 Subsection 7(2) of the Act is replaced by the following:
Report (2) The Office shall, at least once every three years after this Act comes into force or, as of November 10, 2017, at least once within every three-year period beginning on that date, provide the Minister with a report on the progress of the Government of Canada in implementing the Federal Sustainable Development Strategy.
Contribution of designated entities (3) Every designated entity or, in the case of a designated
entity over which a minister presides, the minister presiding over the designated entity shall contribute to the development of the report. Tabling in each House of Parliament (4) The Minister shall cause the report to be tabled in
each House of Parliament on any of the first 15 days on which that House is sitting after the Minister receives it. Deemed referral to appropriate committee (5) A report that is tabled in a House of Parliament is deemed to be referred to the standing committee of that House that normally considers matters relating to sustainable development. 5 (1) The portion of subsection 8(1) of the Act before paragraph (b) is replaced by the following:
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Chapter 2: An Act to amend the Federal Sustainable Development Act Federal Sustainable Development Act Sections 5-6
Sustainable Development Advisory Council 8 (1) The Minister shall appoint a Sustainable Development Advisory Council composed of one representative from each province and territory, six representatives of Aboriginal peoples, and three representatives from each of the following: (2) Section 8 of the Act is amended by adding the following after subsection (1):
Demographic representation (1.1) The Minister shall, when appointing representatives to the Sustainable Development Advisory Council, seek to reflect the diversity of Canadian society by taking into account demographic considerations such as age and gender. (3) Subsection 8(3) of the Act is replaced by the following:
Mandate (2.1) The mandate of the Sustainable Development Advisory Council is to advise the Minister on any matter related to sustainable development, including matters referred to it by the Minister. Expenses (3) The representatives appointed to the Sustainable Development Advisory Council may be paid reasonable expenses incurred by them in connection with the business of the Council, subject to applicable Treasury Board directives. 6 (1) Subsections 9(1) and (2) of the Act are replaced by the following:
Preparation 9 (1) The Minister shall develop, in accordance with this
section, a Federal Sustainable Development Strategy within two years after this Act comes into force and at least once within every three-year period after that or, as of November 10, 2017, at least once within every threeyear period beginning on that date. Contribution of designated entities (1.1) Every designated entity or, in the case of a designated entity over which a minister presides, the minister presiding over the designated entity shall contribute to the development of the Federal Sustainable Development Strategy. Content (2) The Federal Sustainable Development Strategy shall set out federal sustainable development goals and targets
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Chapter 2: An Act to amend the Federal Sustainable Development Act Federal Sustainable Development Act Sections 6-8
and an implementation strategy for meeting each target and identify the minister responsible for meeting each target. Each target shall be measurable and shall include a time frame. (2) Subsection 9(4) of the Act is replaced by the following:
Consultation: first draft (4) The Minister shall at the same time submit the draft
of the Federal Sustainable Development Strategy to the Commissioner for review and comment, including as to whether each target is measurable and includes a time frame, for which the Minister shall allow a period of not less than 120 days.
2010, c. 16, s. 3
7 Subsections 10(2) and (3) of the Act are replaced by the following:
Tabling in each House of Parliament (2) The Minister shall cause the official Federal Sustainable Development Strategy to be tabled in each House of Parliament within the period referred to in subsection 9(1) or on any of the first 15 days on which that House is sitting after that period.
Deemed referred to committee (3) The Federal Sustainable Development Strategy that
is tabled in a House of Parliament is deemed to be referred to the standing committee of that House that normally considers matters relating to sustainable development. 2010, c. 16, s. 4
8 Sections 11 and 12 of the Act are replaced by the following:
Power of Treasury Board 10.1 The Treasury Board may establish policies or issue
directives applicable to one or more of the designated entities in relation to the sustainable development impact of their operations.
Sustainable Development Strategies of Designated Entities Designated entities 11 (1) Within one year after a Federal Sustainable Development Strategy is tabled in a House of Parliament under subsection 10(2), every designated entity other than a designated entity referred to in section 12 shall
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Chapter 2: An Act to amend the Federal Sustainable Development Act Federal Sustainable Development Act Section 8
(a) prepare a sustainable development strategy that (i) contains objectives and plans for the designated
entity, (ii) complies with the Federal Sustainable Development Strategy and contributes to the meeting of its goals, (iii) takes into account the designated entity’s mandate, (iv) takes into account any of the applicable policies or directives of the Treasury Board that are established or issued under section 10.1, and (v) takes into account comments made under subsections 9(3) or (4); and (b) provide the sustainable development strategy to
the appropriate Minister with respect to the designated entity. Tabling in each House of Parliament (2) The appropriate Minister shall cause the sustainable development strategy to be tabled in each House of Parliament on any of the first 15 days on which that House is sitting after the appropriate Minister receives it.
Report (3) The designated entity shall, at least once in each of the two years following the tabling of its sustainable development strategy in a House of Parliament under subsection (2), provide the appropriate Minister with a report on its progress in implementing the sustainable development strategy. The appropriate Minister shall cause the report to be tabled in each House of Parliament on any of the first 15 days on which that House is sitting after the appropriate Minister receives it.
Designated entities over which minister presides 12 (1) In the case of a designated entity over which a minister presides, the minister who presides over the designated entity shall (a) within one year after a Federal Sustainable Development Strategy is tabled in a House of Parliament under subsection 10(2), prepare a sustainable development strategy with respect to the designated entity that (i) contains objectives and plans for the designated
entity,
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Chapter 2: An Act to amend the Federal Sustainable Development Act Federal Sustainable Development Act Section 8
(ii) complies with the Federal Sustainable Development Strategy and contributes to the meeting of its goals, (iii) takes into account the designated entity’s mandate, (iv) takes into account any of the applicable policies or directives of the Treasury Board that are established or issued under section 10.1, and (v) takes into account comments made under subsections 9(3) or (4); and (b) cause the designated entity’s sustainable development strategy to be tabled in each House of Parliament within the year referred to in paragraph (a) or on any of the first 15 days on which that House is sitting after that year. Report (2) The minister presiding over the designated entity
shall, at least once in each of the two years following the tabling of the designated entity’s sustainable development strategy in a House of Parliament under paragraph (1)(b), prepare a report on the progress of the designated entity in implementing its sustainable development strategy. That minister shall cause the report to be tabled in each House of Parliament within the year in which the report shall be prepared or on any of the first 15 days on which that House is sitting after that year. Deemed referral to committee 12.1 A sustainable development strategy or report that
is tabled in a House of Parliament under section 11 or 12 is deemed to be referred to the standing committee of that House that normally considers matters relating to sustainable development. Regulations 12.2 The Governor in Council may, on the recommendation of the Minister, make regulations prescribing the form in which a sustainable development strategy is to be prepared and the information that is required to be contained in it. Amendments to schedule 12.3 The Governor in Council may, by order, amend the schedule (a) to add or amend an item, in order to subject an entity to the application of this Act; or
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Chapter 2: An Act to amend the Federal Sustainable Development Act Federal Sustainable Development Act Sections 8-10.1
(b) to remove or amend an item, in order to exclude
an entity from the application of this Act, on the recommendation of the entity’s appropriate Minister. 9 The Act is amended by adding the following after section 13:
Permanent Review of Act Permanent review of Act by parliamentary committee 13.1 (1) The administration of this Act shall, every five
years after the day on which this section comes into force, stand referred to any committee of the Senate or the House of Commons that normally considers matters relating to sustainable development, or of both Houses of Parliament, that may be designated or established for that purpose.
Review and report to Parliament (2) The committee designated or established for the purpose of subsection (1) shall, as soon as feasible, undertake a comprehensive review of the provisions and operation of this Act and shall, within one year after the review is undertaken or within any further time that the House of Commons, the Senate or both Houses of Parliament, as the case may be, may authorize, submit a report to Parliament, including a statement of any changes to this Act or its administration that the committee would recommend. 2013, c. 33, s. 194
10 The schedule to the Act is replaced by the schedule set out in the schedule to this Act.
Consequential Amendments to the Auditor General Act 10.1 (1) The definition category I department in section 2 of the Auditor General Act is repealed.
(2) Section 2 of the Act is amended by adding the following in alphabetical order:
designated entity has the same meaning as in section 2 of the Federal Sustainable Development Act; (entité désignée)
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Chapter 2: An Act to amend the Federal Sustainable Development Act Consequential Amendments to the Auditor General Act Sections 10.2-10.4
10.2 The portion of section 21.1 of the Act before
paragraph (a) is replaced by the following:
Purpose 21.1 In addition to carrying out the functions referred to in subsection 23(3), the purpose of the Commissioner is to provide sustainable development monitoring and reporting on the progress of designated entities towards sustainable development, which is a continually evolving concept based on the integration of social, economic and environmental concerns, and which may be achieved by, among other things, 10.3 Subsection 22(1) of the Act is replaced by the following:
Petitions received 22 (1) Where the Auditor General receives a petition in
writing from a resident of Canada about an environmental matter in the context of sustainable development that is the responsibility of a designated entity, the Auditor General shall make a record of the petition and forward the petition within fifteen days after the day on which it is received to the appropriate Minister for the designated entity. 10.4 (1) Paragraph 23(1)(a) of the Act is replaced
by the following: (a) the extent to which designated entities have contributed to meeting the targets set out in the Federal Sustainable Development Strategy and have met the objectives, and implemented the plans, set out in their own sustainable development strategies laid before the Houses of Parliament under section 11 or 12 of the Federal Sustainable Development Act; and
(2) Paragraph 23(2)(a) of the Act is replaced by the following: (a) the extent to which designated entities have contributed to meeting the targets set out in the Federal Sustainable Development Strategy and have met the objectives, and implemented the plans, set out in their own sustainable development strategies laid before the Houses of Parliament under section 11 or 12 of the Federal Sustainable Development Act; (3) Paragraph 23(2)(c) of the Act is replaced by the following:
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Chapter 2: An Act to amend the Federal Sustainable Development Act Consequential Amendments to the Auditor General Act Sections 10.4-13
(c) the exercising of the authority of the Governor in
Council under sections 12.2 and 12.3 of the Federal Sustainable Development Act.
Transitional Provisions Subsection 7(3) of Federal Sustainable Development Act 11 For the first report referred to in subsection
7(2) of the Federal Sustainable Development Act prepared after the day on which this Act comes into force, subsection 7(3) of the Federal Sustainable Development Act applies only in respect of designated entities, as defined in section 2 of that Act, that were subject to that Act before that day.
Sections 11 and 12 of Federal Sustainable Development Act 12 In respect of designated entities, as defined in section 2 the Federal Sustainable Development Act, that become subject to that Act on the day on which this Act comes into force, sections 11 and 12 of the Federal Sustainable Development Act, as enacted by section 8 of this Act, apply only in respect of any Federal Sustainable Development Strategy tabled in a House of Parliament on or after that day.
Coming into Force Order in council 13 This Act comes into force on a day to be fixed
by order of the Governor in Council.
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Chapter 2: An Act to amend the Federal Sustainable Development Act SCHEDULE
SCHEDULE (Section 10)
SCHEDULE (Sections 2 and 12.3)
Any department named in Schedule I to the Financial Administration Act
Any division or branch of the federal public administration set out in column I of Schedule I.1 to the Financial Administration Act
Any corporation named in Schedule II to the Financial Administration Act
Published under authority of the Speaker of the House of Commons 2015-2016-2017-2018-2019
Disponible sur le site Web de la Chambre des comm
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First Session, Forty-second Parliament, 64-65-66-67-68 Elizabeth II, 2015-2016-2017-2018-2019
STATUTES OF CANADA 2019
CHAPTER 6
An Act to amend the Canada-Israel Free Trade Agreement Implementation Act and to make related amendments to other Acts
ASSENTED TO MAY 27, 2019 BILL C-85
RECOMMENDATION Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act to amend the Canada-Israel Free Trade Agreement Implementation Act and to make related amendments to other Acts”.
SUMMARY This enactment amends the Canada-Israel Free Trade Agreement Implementation Act in order to implement the Canada – Israel Free Trade Amending Protocol 2018 signed on May 28, 2018. In order to modernize the text of the Act and by that reflect the amendments brought about by the Protocol, this enactment repeals the preamble to that Act and amends the definition of Agreement, the provision setting out the purpose of the Act and the provisions related to the operation of the institutional and administrative aspects of the Agreement. It also amends that Act in order to confer on the Governor in Council the power to make orders in accordance with the amended Agreement. Finally, the enactment amends certain Acts to bring them into conformity with Canada’s obligations resulting from the amendments brought about by the Protocol.
i
TABLE OF PROVISIONS An Act to amend the Canada-Israel Free Trade Agreement Implementation Act and to make related amendments to other Acts
Amendments to the Canada-Israel Free Trade Agreement Implementation Act 1
Related Amendments 6
Crown Liability and Proceedings Act
Importation of Intoxicating Liquors Act
Customs Tariff
Department of Employment and Social Development Act
Coming into Force 12
Order in council
SCHEDULE
2015-2016-2017-2018-2019
ii
64-65-66-67-68 ELIZABETH II
CHAPTER 6 An Act to amend the Canada-Israel Free Trade Agreement Implementation Act and to make related amendments to other Acts [Assented to 27th May, 2019] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1996, c. 33
Amendments to the CanadaIsrael Free Trade Agreement Implementation Act 1 The preamble to the Canada-Israel Free Trade Agreement Implementation Act is repealed. 2 The definitions Agreement and Commission in
subsection 2(1) of the Act are replaced by the following: Agreement means the Free Trade Agreement entered into between the Government of Canada and the Government of the State of Israel and signed on July 31, 1996, as amended by the Canada – Israel Free Trade Amending Protocol 2018 signed on May 28, 2018. (Accord) Commission means the Joint Commission established under paragraph 1 of Article 18.1 of the Agreement. (Commission) 3 Section 4 of the Act is replaced by the following:
Purpose 4 The purpose of this Act is to implement the Agreement, the objectives of which, as elaborated more specifically through its provisions, are to (a) strengthen the bilateral commercial relationship
between Canada and the State of Israel;
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Chapter 6: An Act to amend the Canada-Israel Free Trade Agreement Implementation Act and to make related amendments to other Acts Amendments to the Canada-Israel Free Trade Agreement Implementation Act Sections 3-5
(b) improve access to the Israeli market for Canadian
businesses by reducing and eliminating tariffs, addressing non-tariff barriers, enhancing cooperation and increasing transparency in regulatory matters; (c) ensure a high level of environmental protection
through comprehensive and legally-binding commitments; (d) build on the respective international commitments
of Canada and the State of Israel on labour matters; and (e) promote gender equality and encourage women’s economic empowerment and the use of voluntary corporate social responsibility standards and principles, as well as promote access for small and medium-sized enterprises to the opportunities created by the Agreement. 4 Section 7 of the Act is replaced by the following: Non-application of Agreement to water 7 For greater certainty, nothing in this Act or the Agreement applies to natural surface or ground water in liquid, gaseous or solid state. 5 Sections 12 to 15 of the Act are replaced by the
following:
Panels, Committees, Subcommittees, Working Groups, Expert Groups and Other Bodies Powers of Minister for International Trade 12 (1) The Minister for International Trade may (a) appoint representatives of Canada to any committee, subcommittee, working group or other body referred to in paragraph 6 of Article 18.1 of the Agreement; (b) appoint a panellist in accordance with paragraph 2 of Article 19.7 of the Agreement; and (c) propose candidates to serve as the chair of a panel,
or select the chair, in accordance with that Article 19.7. Powers of Minister of Labour (2) The Minister of Labour may
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Chapter 6: An Act to amend the Canada-Israel Free Trade Agreement Implementation Act and to make related amendments to other Acts Amendments to the Canada-Israel Free Trade Agreement Implementation Act Section 5
(a) appoint representatives of Canada to any committee, working group or expert group referred to in subparagraph 4(a) of Article 12.7 of the Agreement; (b) appoint a panellist in accordance with paragraph 4
of Annex 12.13.3 of the Agreement; and (c) propose candidates to serve as the chairperson of a Review Panel, or select the chairperson, in accordance with paragraphs 4 and 5 of that Annex.
Administrative support 13 The Minister for International Trade is to designate an agency, division or branch of the Government of Canada to facilitate the operation of Chapter 18 of the Agreement and to provide administrative assistance to panels established under Chapter 19 of the Agreement.
Payment of costs 14 The Government of Canada is to pay the costs of or its appropriate share of the costs of (a) the remuneration and expenses payable to members of panels, committees, subcommittees, working groups, expert groups and other bodies, to independent experts and to the assistants of panel members; and (b) the general expenses incurred by panels, committees, subcommittees, working groups, expert groups and other bodies.
Orders Orders — Article 19.13 of Agreement 15 (1) The Governor in Council may, for the purpose of
suspending benefits in accordance with Article 19.13 of the Agreement, by order, do any of the following: (a) suspend rights or privileges granted by Canada to the State of Israel or to goods of Israel under the Agreement or any federal law; (b) modify or suspend the application of any federal law, with respect to the State of Israel or to goods of Israel; (c) extend the application of any federal law to the
State of Israel or to goods of Israel; (d) take any other measure that the Governor in
Council considers necessary.
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Chapter 6: An Act to amend the Canada-Israel Free Trade Agreement Implementation Act and to make related amendments to other Acts Amendments to the Canada-Israel Free Trade Agreement Implementation Act Sections 5-10
Period of order (2) Unless repealed, an order made under subsection (1) has effect for the period specified in the order.
Related Amendments R.S., c. C-50
Crown Liability and Proceedings Act 6 Part 2 of the schedule to the Crown Liability
and Proceedings Act is amended by adding the following in alphabetical order: Chapter 12 of the Agreement, within the meaning of subsection 2(1) of the Canada-Israel Free Trade Agreement Implementation Act, as amended from time to time in accordance with Article 21.2 of that Agreement. R.S., c. I-3
Importation of Intoxicating Liquors Act 7 Section 2 of the Importation of Intoxicating Liquors Act is amended by adding the following in alphabetical order:
Israel or another CIFTA beneficiary has the same meaning as in subsection 2(1) of the Customs Tariff; (Israël ou autre bénéficiaire de l’ALÉCI) 8 The schedule to the Act is amended by adding, in alphabetical order, a reference to “Israel or another CIFTA beneficiary” in column 1 and a corresponding reference to “Canada–Israel Agreement Tariff in the List of Tariff Provisions set out in the schedule to the Customs Tariff” in column 2. 1997, c. 36
Customs Tariff 9 Section 51 of the Customs Tariff is repealed. 10 (1) Tariff
item Nos. 1902.11.10, 1902.11.90, 1902.19.91 and 1902.19.99 in the List of Tariff Provisions set out in the schedule to the Act are amended by replacing (a) in the column “Preferential Tariff / Initial
Rate”, the reference to “4%” after the abbreviation “CIAT” with a reference to “Free”; and
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Chapter 6: An Act to amend the Canada-Israel Free Trade Agreement Implementation Act and to make related amendments to other Acts Related Amendments Customs Tariff Sections 10-12
(b) in the column “Preferential Tariff / Final Rate”, the reference to “4% (A)” after the abbreviation “CIAT” with a reference to “Free (A)”. (2) Tariff item Nos. 1902.40.10 and 2005.70.90 in the
List of Tariff Provisions set out in the schedule to the Act are amended by replacing (a) in the column “Preferential Tariff / Initial
Rate”, the reference to “5%” after the abbreviation “CIAT” with a reference to “Free”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “5% (A)” after the abbreviation “CIAT” with a reference to “Free (A)”. (3) The List of Tariff Provisions set out in the
schedule to the Act is amended by replacing, for all tariff items set out in the schedule to this Act, (a) in the column “Preferential Tariff / Initial Rate”, the reference to “N/A” after the abbreviation “CIAT” with a reference to “Free”; and (b) in the column “Preferential Tariff / Final Rate”, the reference to “N/A” after the abbreviation “CIAT” with a reference to “Free (A)”.
2005, c. 34
Department of Employment and Social Development Act 11 The schedule to the Department of Employment and Social Development Act is amended by adding the following in alphabetical order: Chapter 12 of the Agreement, within the meaning of subsection 2(1) of the Canada-Israel Free Trade Agreement Implementation Act, as amended from time to time in accordance with Article 21.2 of that Agreement.
Coming into Force Order in council 12 This Act comes into force on a day to be fixed
by order of the Governor in Council.
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Chapter 6: An Act to amend the Canada-Israel Free Trade Agreement Implementation Act and to make related amendments to other Acts SCHEDULE
SCHEDULE (Subsection 10(3)) 0101.21.00 0101.29.00 0101.30.00 0101.90.00 0102.21.00 0102.29.00 0102.31.00 0102.39.00 0102.90.00 0103.10.00 0103.91.00 0103.92.00 0104.10.00 0104.20.00 0105.11.10 0105.11.90 0105.12.10 0105.13.10 0105.14.10 0105.15.10 0106.11.00 0106.12.00 0106.13.00 0106.14.00 0106.19.00 0106.20.00 0106.31.00 0106.32.00 0106.33.00 0106.39.00 0106.41.00 0106.49.00 0106.90.00 0201.10.10 0201.20.10 0201.30.10 0202.10.10 0202.20.10 0202.30.10 0203.11.00 0203.12.00 0203.19.00 0203.21.00 0203.22.00 0203.29.00 0204.10.00 0204.21.00 0204.22.10 0204.22.20 0204.23.00 0204.30.00 0204.42.10 0204.43.10 0204.50.00 0205.00.00
2015-2016-2017-2018-2019
0307.81.00 0307.82.00 0307.83.90 0307.84.10 0307.84.90 0307.87.90 0307.88.10 0307.88.90 0307.91.00 0307.92.10 0307.92.90 0307.99.90 0308.11.00 0308.12.10 0308.12.90 0308.19.90 0308.21.00 0308.22.10 0308.22.90 0308.29.90 0308.30.90 0308.90.90 0404.10.10 0404.10.21 0404.10.90 0407.19.00 0407.29.00 0407.90.90 0409.00.00 0501.00.00 0502.10.00 0502.90.00 0504.00.00 0505.10.00 0505.90.00 0506.10.00 0506.90.00 0507.10.00 0507.90.00 0508.00.00 0510.00.00 0511.10.00 0511.91.00 0511.99.10 0511.99.90 0702.00.91 0702.00.99 0703.10.20 0703.10.39 0703.10.49 0703.10.99 0703.20.00 0703.90.00 0704.10.90 0704.20.90
1501.20.00 1501.90.00 1504.10.10 1504.10.91 1504.20.00 1505.00.00 1507.90.00 1509.10.00 1509.90.00 1510.00.00 1513.19.10 1515.30.00 1515.90.00 1516.20.00 1517.90.10 1517.90.99 1520.00.00 1521.10.00 1521.90.00 1522.00.00 1601.00.11 1601.00.19 1601.00.21 1601.00.23 1602.20.21 1602.20.31 1602.20.90 1602.31.11 1602.31.12 1602.31.91 1602.31.92 1602.31.93 1602.32.11 1602.32.12 1602.32.91 1602.32.92 1602.32.93 1602.39.10 1602.39.91 1602.39.99 1602.41.90 1602.42.90 1602.49.90 1602.50.99 1602.90.99 1604.12.10 1604.13.10 1604.14.90 1604.16.10 1604.31.00 1605.21.00 1605.29.00 1605.30.10 1605.54.00 1605.55.00
Chapter 6: An Act to amend the Canada-Israel Free Trade Agreement Implementation Act and to make related amendments to other Acts SCHEDULE
0206.10.00 0206.21.00 0206.22.00 0206.29.00 0206.30.00 0206.41.00 0206.49.00 0206.80.00 0206.90.00 0207.14.21 0207.27.11 0207.43.00 0207.45.10 0207.53.00 0207.55.10 0207.60.91 0208.10.00 0208.30.00 0208.40.10 0208.40.90 0208.50.00 0208.60.00 0208.90.00 0209.10.00 0210.11.00 0210.12.00 0210.19.00 0210.20.00 0210.91.00 0210.92.00 0210.93.00 0210.99.90 0301.11.00 0301.19.00 0301.91.00 0301.92.00 0301.93.00 0301.94.00 0301.95.00 0301.99.00 0302.11.00 0302.13.00 0302.14.00 0302.19.00 0302.21.00 0302.22.00 0302.23.00 0302.24.00 0302.29.00 0302.31.00 0302.32.00 0302.33.00 0302.34.00 0302.35.00 0302.36.00 0302.39.00 0302.41.00 0302.42.00
2015-2016-2017-2018-2019
0704.90.29 0704.90.39 0704.90.49 0704.90.90 0705.21.00 0705.29.00 0706.10.11 0706.10.12 0706.10.20 0706.10.31 0706.10.32 0706.10.40 0706.10.50 0706.90.10 0706.90.21 0706.90.22 0706.90.30 0706.90.40 0706.90.51 0706.90.59 0706.90.90 0707.00.99 0708.10.99 0708.20.30 0708.20.90 0708.90.00 0709.20.99 0709.30.00 0709.40.90 0709.59.20 0709.70.00 0709.91.00 0709.99.31 0709.99.32 0710.29.00 0710.30.00 0711.20.00 0711.40.10 0711.90.00 0713.20.00 0713.31.10 0713.40.00 0713.50.00 0713.60.00 0713.90.10 0713.90.90 0714.10.00 0714.20.00 0714.30.00 0714.40.00 0714.50.00 0714.90.00 0801.11.00 0801.12.00 0801.19.00 0801.21.00 0801.22.00 0801.31.00
1702.30.10 1901.20.11 1901.20.13 1901.20.14 1901.20.15 1901.20.19 1901.20.21 1901.20.23 1901.20.24 1901.20.29 1901.90.20 1901.90.39 1902.11.21 1902.19.11 1902.19.12 1902.19.19 1902.19.21 1902.19.22 1902.19.29 1902.30.11 1902.30.12 1902.30.19 1902.30.20 1902.30.31 1902.30.39 1902.30.40 1902.30.50 1903.00.00 1904.10.10 1904.10.21 1904.10.29 1904.10.30 1904.10.41 1904.10.49 1904.10.90 1904.20.21 1904.90.50 1904.90.69 1905.10.10 1905.10.21 1905.10.30 1905.31.10 1905.31.21 1905.31.22 1905.31.23 1905.31.29 1905.31.91 1905.31.92 1905.31.93 1905.31.99 1905.32.10 1905.32.91 1905.32.92 1905.32.93 1905.32.99 1905.40.10 1905.40.20 1905.40.31
Chapter 6: An Act to amend the Canada-Israel Free Trade Agreement Implementation Act and to make related amendments to other Acts SCHEDULE
0302.43.00 0302.44.00 0302.45.00 0302.46.00 0302.47.00 0302.49.00 0302.51.00 0302.52.00 0302.53.00 0302.54.00 0302.55.00 0302.56.00 0302.59.00 0302.71.00 0302.72.00 0302.73.00 0302.74.00 0302.79.00 0302.81.00 0302.82.00 0302.83.00 0302.84.00 0302.85.00 0302.89.00 0302.92.00 0302.99.00 0303.11.00 0303.12.00 0303.13.00 0303.14.00 0303.19.00 0303.23.00 0303.24.00 0303.25.00 0303.26.00 0303.29.00 0303.31.00 0303.32.00 0303.33.00 0303.34.00 0303.39.00 0303.41.00 0303.42.00 0303.43.00 0303.44.00 0303.45.00 0303.46.00 0303.49.00 0303.51.00 0303.53.00 0303.54.00 0303.55.00 0303.56.00 0303.57.00 0303.59.00 0303.63.00 0303.64.00 0303.65.00
2015-2016-2017-2018-2019
0801.32.00 0802.11.00 0802.12.00 0802.21.00 0802.22.00 0802.31.00 0802.32.00 0802.41.00 0802.42.00 0802.51.00 0802.52.00 0802.61.00 0802.62.00 0802.70.00 0802.80.00 0802.90.00 0803.10.00 0803.90.00 0804.10.00 0804.20.00 0804.30.00 0804.40.00 0804.50.00 0805.10.00 0805.21.00 0805.22.00 0805.29.00 0805.40.00 0805.50.00 0805.90.00 0806.10.11 0806.10.19 0806.10.91 0806.10.99 0806.20.00 0807.11.00 0807.19.00 0807.20.00 0808.10.10 0808.30.99 0808.40.00 0809.10.99 0809.21.19 0809.29.29 0809.30.10 0809.30.21 0809.30.29 0809.30.30 0809.30.90 0809.40.29 0809.40.39 0810.10.10 0810.10.91 0810.10.99 0810.50.00 0810.60.00 0810.70.00 0810.90.00
1905.40.39 1905.40.40 1905.40.50 1905.40.61 1905.40.69 1905.40.90 1905.90.10 1905.90.20 1905.90.31 1905.90.32 1905.90.33 1905.90.34 1905.90.35 1905.90.39 1905.90.41 1905.90.42 1905.90.43 1905.90.44 1905.90.45 1905.90.49 1905.90.51 1905.90.59 1905.90.61 1905.90.62 1905.90.63 1905.90.69 1905.90.71 1905.90.72 1905.90.90 2003.90.10 2004.90.12 2004.90.20 2004.90.30 2004.90.91 2004.90.99 2005.70.10 2005.91.00 2005.99.11 2005.99.20 2008.20.00 2008.30.00 2008.91.00 2008.97.10 2008.99.30 2008.99.90 2009.31.00 2009.39.00 2009.41.00 2009.49.00 2009.61.10 2009.69.10 2009.69.90 2009.79.11 2009.79.19 2009.79.90 2009.90.10 2009.90.30 2009.90.40
Chapter 6: An Act to amend the Canada-Israel Free Trade Agreement Implementation Act and to make related amendments to other Acts SCHEDULE
0303.66.00 0303.67.00 0303.68.00 0303.69.00 0303.81.00 0303.82.00 0303.83.00 0303.84.00 0303.89.00 0303.92.00 0303.99.00 0304.31.00 0304.32.00 0304.33.00 0304.39.00 0304.41.00 0304.42.00 0304.43.00 0304.44.00 0304.45.00 0304.46.00 0304.47.00 0304.48.00 0304.49.00 0304.51.00 0304.52.00 0304.53.00 0304.54.00 0304.55.00 0304.56.00 0304.57.00 0304.59.00 0304.61.00 0304.62.00 0304.63.00 0304.69.00 0304.71.00 0304.72.00 0304.73.00 0304.74.00 0304.75.00 0304.79.00 0304.81.00 0304.82.00 0304.83.00 0304.84.00 0304.85.00 0304.86.00 0304.87.00 0304.88.00 0304.89.00 0304.91.00 0304.92.00 0304.93.00 0304.94.00 0304.95.00 0304.96.00 0304.97.00
2015-2016-2017-2018-2019
0811.90.90 0812.10.00 0812.90.00 0813.10.00 0813.20.00 0813.40.00 0813.50.00 0814.00.00 0901.11.00 0901.12.00 0901.21.00 0901.22.00 0901.90.00 0902.10.10 0902.10.90 0902.20.00 0902.30.10 0902.30.90 0902.40.00 0903.00.00 0905.10.00 0905.20.00 0906.11.00 0906.19.00 0907.10.00 0908.11.00 0908.21.00 0908.31.00 0909.21.00 0909.31.00 0909.61.00 1002.10.00 1002.90.00 1004.10.00 1004.90.00 1005.10.00 1006.10.00 1006.20.00 1006.30.00 1006.40.00 1007.10.00 1007.90.00 1008.10.00 1008.21.00 1008.29.00 1008.30.00 1008.40.00 1008.50.00 1008.60.00 1008.90.00 1101.00.20 1102.90.20 1102.90.30 1103.13.00 1103.19.90 1104.12.00 1107.20.92 1108.12.00
2102.20.00 2102.30.00 2103.20.10 2103.20.90 2105.00.10 2105.00.91 2106.90.41 2106.90.92 2106.90.98 2201.10.00 2202.10.00 2202.91.00 2202.99.10 2202.99.21 2202.99.22 2202.99.31 2202.99.32 2202.99.39 2202.99.90 2204.10.10 2204.10.90 2204.21.10 2204.21.21 2204.21.22 2204.21.23 2204.21.24 2204.21.25 2204.21.26 2204.21.27 2204.21.28 2204.21.31 2204.21.32 2204.21.41 2204.21.49 2204.22.10 2204.22.21 2204.22.22 2204.22.23 2204.22.24 2204.22.25 2204.22.26 2204.22.27 2204.22.28 2204.22.31 2204.22.32 2204.22.41 2204.22.49 2204.29.10 2204.29.21 2204.29.22 2204.29.23 2204.29.24 2204.29.25 2204.29.26 2204.29.27 2204.29.28 2204.29.31 2204.29.32
Chapter 6: An Act to amend the Canada-Israel Free Trade Agreement Implementation Act and to make related amendments to other Acts SCHEDULE
0304.99.00 0305.10.00 0305.31.00 0305.32.00 0305.39.00 0305.41.00 0305.42.00 0305.43.00 0305.44.00 0305.49.00 0305.51.00 0305.52.00 0305.53.00 0305.54.00 0305.59.00 0305.61.00 0305.62.00 0305.63.00 0305.64.00 0305.69.00 0305.71.00 0305.72.00 0305.79.00 0306.12.90 0306.14.10 0306.16.00 0306.17.00 0306.32.00 0306.35.00 0306.36.00 0306.92.90 0306.95.00 0307.11.20 0307.12.10 0307.12.90 0307.19.90 0307.21.00 0307.22.00 0307.31.00 0307.32.10 0307.32.90 0307.39.90 0307.42.00 0307.43.00 0307.49.00 0307.51.00 0307.52.00 0307.59.00 0307.60.90 0307.71.00 0307.72.10 0307.72.90 0307.79.90
1108.14.00 1201.10.00 1201.90.00 1202.30.00 1202.41.00 1202.42.00 1203.00.00 1204.00.00 1205.10.00 1205.90.00 1206.00.00 1207.10.00 1207.21.00 1207.29.00 1207.30.00 1207.40.00 1207.50.00 1207.60.00 1207.70.00 1207.91.00 1207.99.00 1208.10.00 1208.90.00 1209.10.00 1209.21.00 1209.22.00 1209.23.00 1209.24.00 1209.25.00 1209.29.00 1209.30.20 1209.91.10 1209.91.90 1209.99.10 1209.99.20 1210.10.00 1210.20.00 1212.21.00 1212.29.00 1212.91.00 1212.92.00 1212.93.00 1212.94.00 1213.00.00 1214.90.00 1301.20.00 1301.90.00 1401.10.00 1401.20.00 1401.90.00 1404.20.00 1404.90.00 1501.10.00
2204.29.41 2204.29.49 2204.30.10 2204.30.90 2205.10.10 2205.10.20 2205.10.30 2205.90.10 2205.90.20 2205.90.30 2206.00.41 2206.00.61 2206.00.62 2206.00.65 2208.30.00 2209.00.00 2301.10.10 2301.10.90 2301.20.11 2301.20.18 2301.20.90 2302.10.00 2302.30.10 2302.40.11 2302.40.90 2302.50.00 2303.10.00 2303.20.90 2303.30.00 2304.00.00 2305.00.00 2306.10.00 2306.20.00 2306.30.00 2306.41.00 2306.49.00 2306.50.00 2306.60.00 2306.90.00 2307.00.00 2308.00.00 2309.90.10 2309.90.37 2309.90.39 2309.90.91 2401.10.10 2852.90.10 3302.10.12 3502.20.00 3502.90.00 6913.90.10 7116.20.10
Published under authority of the Speaker of the House of Commons 2015-2016-2017-2018-2019
Disponible sur le site Web de la Chambre des comm
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First Session, Forty-second Parliament, 64-65-66-67-68 Elizabeth II, 2015-2016-2017-2018-2019
STATUTES OF CANADA 2019
CHAPTER 7
An Act to implement the Convention between Canada and the Republic of Madagascar for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income
ASSENTED TO MAY 27, 2019 BILL S-6
SUMMARY This enactment implements the Convention between Canada and the Republic of Madagascar for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and a related protocol. The convention is generally patterned on the Model Tax Convention on Income and on Capital developed by the Organisation for Economic Co-operation and Development (OECD). The convention has two main objectives: the avoidance of double taxation and the prevention of fiscal evasion. Once implemented, it will provide relief from taxation rules set out in, or related to, the Income Tax Act. That implementation requires the enactment of this Act.
ii
64-65-66-67-68 ELIZABETH II
CHAPTER 7
An Act to implement the Convention between Canada and the Republic of Madagascar for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income [Assented to 27th May, 2019] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Short title 1 This Act may be cited as the Canada–Madagascar
Tax Convention Act, 2018. Definition of Convention 2 In this Act, Convention means the Convention between Canada and the Republic of Madagascar set out in Schedule 1, as amended by the Protocol set out in Schedule 2.
Convention approved 3 The Convention is approved and has the force of law in Canada during the period that the Convention, by its terms, is in force.
Inconsistent laws — general rule 4 (1) Subject to subsection (2), in the event of any inconsistency between the provisions of this Act or the Convention and the provisions of any other law, the provisions of this Act and the Convention prevail to the extent of the inconsistency. Inconsistent laws — exception (2) In the event of any inconsistency between the provisions of the Convention and the provisions of the Income Tax Conventions Interpretation Act, the provisions of that Act prevail to the extent of the inconsistency.
2015-2016-2017-2018-2019
Chapter 7: Canada–Madagascar Tax Convention Implementation Act, 2018 Sections 5-6
Regulations 5 The Minister of National Revenue may make any regulations that are necessary for carrying out the Convention or for giving effect to any of its provisions. Notifications 6 The Minister of Finance must cause to be published in
the Canada Gazette (a) on or before the 60th day following the day on
which the Convention enters into force, a notice of the day on which the Convention entered into force; and (b) on or before the 60th day following the day on
which an event causing the Convention to cease to have effect occurs, a notice of the event and the day on which it occurred and of the Convention ceasing to have effect.
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Chapter 7: Canada–Madagascar Tax Convention Implementation Act, 2018 SCHEDULE 1 Convention between Canada and the Republic of Madagascar for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income
SCHEDULE 1 (Section 2)
Convention between Canada and the Republic of Madagascar for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income CANADA and THE REPUBLIC OF MADAGASCAR, DESIRING to conclude a Convention for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income, HAVE AGREED as follows:
I. Scope of the Convention ARTICLE 1
Persons Covered This Convention shall apply to persons who are residents of one or both of the Contracting States.
ARTICLE 2
Taxes Covered 1 This Convention shall apply to taxes on income imposed on behalf of each Contracting State, irrespective of the manner in which they are levied. 2 There shall be regarded as taxes on income all taxes imposed on total income or on elements of income, including taxes on gains from the alienation of movable or immovable property, as well as taxes on capital appreciation. 3 The existing taxes to which the Convention shall apply are, in particular, (a) in the case of Madagascar: (i) the tax on income; (ii) the synthetic tax (“impôt synthétique”); (iii) the direct tax on hydrocarbons (“impôt direct sur les hydrocarbures”); (iv) the tax on salaries and assimilated income; (v) the tax on income from movable assets; and (vi) the tax on gains from immovable;
2015-2016-2017-2018-2019
Chapter 7: Canada–Madagascar Tax Convention Implementation Act, 2018 SCHEDULE 1 Convention between Canada and the Republic of Madagascar for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income
including any withholding tax, prepayment or advance payment with respect to the aforesaid taxes, hereinafter referred to as “Malagasy tax”; (b) in the case of Canada, the income taxes imposed by the Government of Canada under the Income Tax Act, hereinafter referred to as “Canadian tax”. 4 The Convention shall apply also to any identical or substantially similar taxes that are imposed after the date of signature of the Convention in addition to, or in place of, the existing taxes. The competent authorities of the Contracting States shall notify each other of any significant changes that have been made in their respective taxation laws.
II. Definitions ARTICLE 3
General Definitions 1 For the purposes of this Convention, unless the context otherwise requires, (a) the term “Madagascar” means the Republic of Madagascar, and when used in geographical sense, the territory of the Republic of Madagascar, including its territorial sea, contiguous zone and exclusive economic zone within which the sovereign rights and jurisdiction of the Republic of Madagascar may be exercised in accordance with international law. The sovereign rights of the Republic of Madagascar extend to the air space over the territorial sea as well as the corresponding sea bed, sub soil and the natural resources, without prejudice to a possible extension of the continental shelf of the Republic of Madagascar, in accordance with article 76 of the United Nations Convention on the Law of the Sea; (b) the term “Canada”, used in a geographical sense, means: (i) the land territory, air space, internal waters and territorial sea of Canada; (ii) the exclusive economic zone of Canada, as determined by its domestic law, consistent with Part V of the United Nations Convention on the Law of the Sea of 10 December 1982 (UNCLOS); and (iii) the continental shelf of Canada, as determined by its domestic law, consistent with Part VI of UNCLOS; (c) the terms “a Contracting State” and “the other Contracting State” mean, as the context requires, Madagascar or Canada; (d) the term “person” includes an individual, a trust, a company, a partnership and any other body of persons; (e) the term “company” means any body corporate or any entity which is treated as a body corporate for tax purposes; (f) the terms “enterprise of a Contracting State” and “enterprise of the other Contracting State” mean respectively an enterprise carried on by a resident of a Contracting
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State and an enterprise carried on by a resident of the other Contracting State; (g) the term “competent authority” means: (i) in the case of Madagascar, the Minister responsible for tax regulation or the Minister’s authorized representative, and (ii) in the case of Canada, the Minister of National Revenue or the Minister’s authorized representative; (h) the term “national”, in relation to a Contracting State, means: (i) any individual possessing the nationality or citizenship of that Contracting State, and (ii) any legal person, partnership or association deriving its status as such from the laws in force in that Contracting State; (i) the term “international traffic” means any transport by a ship or aircraft operated by an enterprise of a Contracting State, except when such transport is principally between places in the other Contracting State.
2 As regards the application of the Convention at any time by a Contracting State, any term not defined therein shall, unless the context otherwise requires, have the meaning that it has at that time under the law of that State for the purposes of the taxes to which the Convention applies, any meaning under the applicable tax laws of that State prevailing over a meaning given to the term under other laws of that State.
ARTICLE 4
Resident 1 For the purposes of this Convention, the term “resident of a Contracting State” means: (a) any person who, under the laws of that State, is liable to tax therein by reason of the person’s domicile, residence, head office or place of management or any other criterion of a similar nature but does not include any person who is liable to tax in that State in respect only of income from sources in that State; (b) the Government of that State or of a political subdivision or local authority thereof or any agency or instrumentality of such State, subdivision or authority.
2 Where by reason of the provisions of paragraph 1 an individual is a resident of both Contracting States, then the individual’s status shall be determined as follows: (a) the individual shall be deemed to be a resident only of the State in which the individual has a permanent home available and if the individual has a permanent home available in both States, the individual shall be deemed to be a resident only of the State with which the individual’s
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personal and economic relations are closer (centre of vital interests); (b) if the State in which the individual’s centre of vital interests is situated cannot be determined, or if there is not a permanent home available to the individual in either State, the individual shall be deemed to be a resident only of the State in which the individual has an habitual abode; (c) if the individual has an habitual abode in both States or in neither of them, the individual shall be deemed to be a resident only of the State of which the individual is a national; and (d) if the individual is a national of both States or of neither of them, the competent authorities of the Contracting States shall settle the question by mutual agreement. 3 Where by reason of the provisions of paragraph 1 a company is a resident of both Contracting States, then its status shall be determined as follows: (a) it shall be deemed to be a resident only of the State of which it is a national; (b) if it is a national of neither of the States, it shall be deemed to be a resident only of the State in which its place of effective management is situated. 4 Where by reason of the provisions of paragraph 1 a person other than an individual or a company is a resident of both Contracting States, the competent authorities of the Contracting States shall by mutual agreement endeavour to settle the question and to determine the mode of application of the Convention to such person. In the absence of mutual agreement, that person shall not be entitled to claim any relief or exemption from tax provided by this Convention.
ARTICLE 5
Permanent Establishment 1 For the purposes of this Convention, the term “permanent establishment” means a fixed place of business through which the business of an enterprise is wholly or partly carried on. 2 The term “permanent establishment” includes especially: (a) a place of management; (b) a branch; (c) an office; (d) a factory; (e) a workshop; and (f) a mine, an oil or gas well, a quarry or any other place relating to the exploration for or the exploitation of natural resources. 3 A building site or construction or installation project constitutes a permanent establishment only if it lasts for more than six months.
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4 Notwithstanding the preceding provisions of this Article, the term “permanent establishment” shall be deemed not to include: (a) the use of facilities solely for the purpose of storage, display or delivery of goods or merchandise belonging to the enterprise; (b) the maintenance of a stock of goods or merchandise belonging to the enterprise solely for the purpose of storage, display or delivery; (c) the maintenance of a stock of goods or merchandise belonging to the enterprise solely for the purpose of processing by another enterprise; (d) the maintenance of a fixed place of business solely for the purpose of purchasing goods or merchandise or of collecting information, for the enterprise; (e) the maintenance of a fixed place of business solely for the purpose of carrying on, for the enterprise, any other activity of a preparatory or auxiliary character; or (f) the maintenance of a fixed place of business solely for any combination of activities mentioned in subparagraphs (a) to (e) provided that the overall activity of the fixed place of business resulting from this combination is of a preparatory or auxiliary character. 5 An insurance enterprise of a Contracting State is deemed, except with regard to reinsurance, to have a permanent establishment in the other State if it collects premiums in the territory of that other State or insures risks situated therein through a representative with the authority to commit it. 6 Notwithstanding the provisions of paragraphs 1 and 2, where a person (other than an agent of an independent status to whom paragraph 7 applies) is acting on behalf of an enterprise and has, and habitually exercises, in a Contracting State an authority to conclude contracts on behalf of the enterprise, that enterprise shall be deemed to have a permanent establishment in that State in respect of any activities which that person undertakes for the enterprise unless the activities of such person are limited to those mentioned in paragraph 4 which, if exercised through a fixed place of business, would not make this fixed place of business a permanent establishment under the provisions of that paragraph.
7 An enterprise shall not be deemed to have a permanent establishment in a Contracting State merely because it carries on business in that State through a broker, general commission agent or any other agent of an independent status, provided that such persons are acting in the ordinary course of their business. 8 The fact that a company which is a resident of a Contracting State controls or is controlled by a company which is a resident of the other Contracting State, or which carries on business in that other State, whether through a permanent establishment or otherwise, shall not of itself constitute either company a permanent establishment of the other.
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III. Taxation of Income ARTICLE 6
Income from Immovable Property 1 Income derived by a resident of a Contracting State from immovable property (including income from agriculture or forestry) situated in the other Contracting State may be taxed in that other State. 2 For the purposes of this Convention, the term “immovable property” shall have the meaning which it has for the purposes of the relevant tax law of the Contracting State in which the property in question is situated. The term shall in any case include property accessory to immovable property, livestock and equipment used in agriculture and forestry, rights to which the provisions of general law respecting landed property apply, usufruct of immovable property and rights to variable or fixed payments as consideration for the working of, or the right to work, mineral deposits, sources and other natural resources; ships and aircraft shall not be regarded as immovable property. 3 The provisions of paragraph 1 shall apply to income derived from the direct use, letting, or use in any other form of immovable property and to income from the alienation of such property. 4 The provisions of paragraphs 1 and 3 shall also apply to the income from immovable property of an enterprise and to income from immovable property used for the performance of independent personal services.
ARTICLE 7
Business Profits 1 The profits of an enterprise of a Contracting State shall be taxable only in that State unless the enterprise carries on business in the other Contracting State through a permanent establishment situated therein. If the enterprise carries on business as aforesaid, the profits of the enterprise may be taxed in the other State but only so much of them as is attributable to that permanent establishment. 2 Subject to the provisions of paragraph 3, where an enterprise of a Contracting State carries on business in the other Contracting State through a permanent establishment situated therein, there shall in each Contracting State be attributed to that permanent establishment the profits which it might be expected to make if it were a distinct and separate enterprise engaged in the same or similar activities under the same or similar conditions and dealing wholly independently with the enterprise of which it is a permanent establishment and with all other persons. 3 In the determination of the profits of a permanent establishment, there shall be allowed those deductible expenses which are incurred for the purposes of the permanent establishment including executive and general administrative expenses, whether incurred in the State in which the permanent establishment is situated or elsewhere.
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4 Insofar as it has been customary in a Contracting State to determine the profits to be attributed to a permanent establishment on the basis of an apportionment of the total profits of the enterprise to its various parts, nothing in paragraph 2 shall preclude that Contracting State from determining the profits to be taxed by such an apportionment as may be customary; the method of apportionment adopted shall, however, be such that the result shall be in accordance with the principles contained in this Article. 5 No profits shall be attributed to a permanent establishment by reason of the mere purchase by that permanent establishment of goods or merchandise for the enterprise. 6 For the purposes of the preceding paragraphs, the profits to be attributed to the permanent establishment shall be determined by the same method year by year unless there is good and sufficient reason to the contrary. 7 Where profits include items of income which are dealt with separately in other Articles of this Convention, then the provisions of those Articles shall not be affected by the provisions of this Article.
ARTICLE 8
Shipping and Air Transport 1 Profits arising from the operation of ships or aircraft in international traffic shall be taxable only in the Contracting State in which the head office of the enterprise is situated. 2 Notwithstanding the provisions of paragraph 1 and Article 7, profits derived by an enterprise of a Contracting State from a voyage of a ship or aircraft where the principal purpose of the voyage is to transport passengers or property between places in the other Contracting State may be taxed in that other State. 3 The provisions of paragraphs 1 and 2 shall also apply to profits from the participation in a pool, a joint business or an international operating agency.
ARTICLE 9
Associated Enterprises 1 Where: (a) an enterprise of a Contracting State participates directly or indirectly in the management, control or capital of an enterprise of the other Contracting State, or (b) the same persons participate directly or indirectly in the management, control or capital of an enterprise of a Contracting State and an enterprise of the other Contracting State, and in either case conditions are made or imposed between the two enterprises in their commercial or financial relations that differ from those that would be made between independent enterprises, then any profits that would, but for those conditions, have accrued to one of the enterprises, but, by reason of those conditions, has not so accrued, may be included in the profits of that enterprise and taxed accordingly.
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2 Where a Contracting State includes in the profits of an enterprise of that State — and taxes accordingly — profits on which an enterprise of the other Contracting State has been charged to tax in that other State and the profits so included are profits that would have accrued to the enterprise of the first-mentioned State if the conditions made between the two enterprises had been those that would have been made between independent enterprises, then that other State shall make an appropriate adjustment to the amount of tax charged therein on that profits. In determining such adjustment, due regard shall be had to the other provisions of this Convention and the competent authorities of the Contracting States shall if necessary consult each other. 3 A Contracting State shall not change the profits of an enterprise in the circumstances referred to in paragraph 1 after the expiry of the time limits provided in its domestic laws and, in any case, after eight years from the end of the year in which the profits that would be subject to such change would, but for the conditions referred to in paragraph 1, have been attributed to that enterprise. 4 The provisions of paragraphs 2 and 3 shall not apply in the case of fraud, wilful default or neglect.
ARTICLE 10
Dividends 1 Dividends paid by a company that is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other State. 2 However, such dividends may also be taxed in the Contracting State of which the company paying the dividends is a resident and according to the laws of that State, but if the beneficial owner of the dividends is a resident of the other Contracting State, the tax so charged shall not exceed: (a) 5 per cent of the gross amount of the dividends if the beneficial owner is a company that controls directly or indirectly at least 25 per cent of the voting power in the company paying the dividends; and (b) 15 per cent of the gross amount of the dividends, in all other cases. The provisions of this paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are paid. 3 The term “dividends” as used in this Article means income from shares, “jouissance” shares or “jouissance” rights, mining shares, founders’ shares or other rights, not being debtclaims, participating in profits, as well as income which is subjected to the same taxation treatment as income from shares by the laws of the State of which the company making the distribution is a resident. 4 The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the dividends, being a resident of a Contracting State, carries on business in the other Contracting State of which the company paying the dividends is a resident, through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the holding in respect of which the dividends are paid is effectively connected with such permanent establishment or fixed base. In such case the
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provisions of Article 7 or Article 14, as the case may be, shall apply. 5 Where a company that is a resident of a Contracting State derives profits or income from the other Contracting State, that other State may not impose any tax on the dividends paid by the company, except insofar as such dividends are paid to a resident of that other State or insofar as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other State, nor subject the company’s undistributed profits to a tax on undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such other State. 6 Nothing in this Convention shall be construed as preventing a Contracting State from imposing on the earnings of a company attributable to a permanent establishment in that State, or the earnings attributable to the alienation of immovable property situated in that State by a company carrying on a trade in immovable property, a tax in addition to the tax that would be chargeable on the earnings of a company that is a national of that State, except that any additional tax so imposed shall not exceed 5 per cent of the amount of such earnings that have not been subjected to such additional tax in previous taxation years.
ARTICLE 11
Interest 1 Interest arising in a Contracting State and paid to a resident of the other Contracting State may be taxed in that other State. 2 However, such interest may also be taxed in the Contracting State in which it arises and according to the laws of that State, but if the beneficial owner of the interest is a resident of the other Contracting State, the tax so charged shall not exceed 10 per cent of the gross amount of the interest. 3 Notwithstanding the provisions of paragraph 2: (a) the interest mentioned in paragraph 1 may be taxed only in the Contracting State of which the person receiving the interest is the beneficial owner and if such interest is paid in respect of a loan made, guaranteed or insured by a public agency of that State or to the Central Bank of that State; (b) interest arising in a Contracting State and paid to a resident of the other Contracting State that is operated exclusively to administer or provide benefits under one or more pension, retirement or employee benefits plans shall not be taxable in the first-mentioned State provided that: (i) the resident is the beneficial owner of the interest and is generally exempt from tax in the other State, and (ii) the interest is not derived from carrying on a trade or a business or from a related person.
4 The term “interest” as used in this Article means income from debt-claims of every kind, whether or not secured by
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mortgage, and in particular, income from government securities and income from bonds or debentures, including premiums and prizes attaching to such securities, bonds or debentures, as well as income which is subjected to the same taxation treatment as income from money lent by the laws of the State in which the income arises. However, the term “interest” does not include income dealt with in Article 10. 5 The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the interest, being a resident of a Contracting State, carries on business in the other Contracting State in which the interest arises through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the debt-claim in respect of which the interest is paid is effectively connected with such permanent establishment or fixed base. In such case the provisions of Article 7 or Article 14, as the case may be, shall apply. 6 Interest shall be deemed to arise in a Contracting State when the payer is a resident of that State. Where, however, the person paying the interest, whether the payer is a resident of a Contracting State or not, has in a Contracting State a permanent establishment or a fixed base in connection with which the indebtedness on which the interest is paid was incurred, and such interest is borne by such permanent establishment or fixed base, then such interest shall be deemed to arise in the State in which the permanent establishment or fixed base is situated. 7 Where, by reason of a special relationship between the payer and the beneficial owner or between both of them and some other person, the amount of the interest, having regard to the debt-claim for which it is paid, exceeds the amount that would have been agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount. In such case, the excess part of the payments shall remain taxable according to the laws of each Contracting State, due regard being had to the other provisions of this Convention.
ARTICLE 12
Royalties 1 Royalties arising in a Contracting State and paid to a resident of the other Contracting State may be taxed in that other State. 2 However, such royalties may also be taxed in the Contracting State in which they arise and according to the laws of that State, but if the beneficial owner of the royalties is a resident of the other Contracting State, the tax so charged shall not exceed 10 per cent of the gross amount of the royalties. 3 Notwithstanding the provisions of paragraph 2, the tax so charged shall not exceed 5 per cent of the gross amount of the royalties in the case of: (a) copyright royalties and other like payments in respect of the production or reproduction of any literary, dramatic, musical or other artistic work (but not including royalties in respect of motion picture films nor royalties in respect of works on film or videotape or other means of reproduction for use in connection with television broadcasting); and
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(b) royalties for the use of, or the right to use, computer software or any patent or for information concerning industrial, commercial or scientific experience (but not including any such royalty provided in connection with a rental or franchise agreement), arising in a Contracting State and paid to a resident of the other Contracting State who is the beneficial owner of the royalties. 4 The term “royalties” as used in this Article means payments of any kind received as a consideration for the use of, or the right to use, any copyright, patent, trade mark, design or model, plan, secret formula or process or other intangible property, or for the use of, or the right to use, industrial, commercial or scientific equipment, or for information concerning industrial, commercial or scientific experience.
5 The provisions of paragraphs 1, 2 and 3 shall not apply if the beneficial owner of the royalties, being a resident of a Contracting State, carries on business in the other Contracting State in which the royalties arise, through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the right or property in respect of which the royalties are paid is effectively connected with such permanent establishment or fixed base. In such case the provisions of Article 7 or Article 14, as the case may be, shall apply. 6 Royalties shall be deemed to arise in a Contracting State when the payer a resident of that State. Where, however, the person paying the royalties, whether the payer is a resident of a Contracting State or not, has in a Contracting State a permanent establishment or a fixed base in connection with which the obligation to pay the royalties was incurred, and such royalties are borne by such permanent establishment or fixed base, then such royalties shall be deemed to arise in the State in which the permanent establishment or fixed base is situated. 7 Where, by reason of a special relationship between the payer and the beneficial owner or between both of them and another person, the amount of the royalties, having regard to the use, right or information for which they are paid, exceeds the amount that would have been agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount. In such case, the excess part of the payments shall remain taxable according to the laws of each Contracting State, due regard being had to the other provisions of this Convention.
ARTICLE 13
Capital Gains 1 Gains derived by a resident of a Contracting State from the alienation of immovable property situated in the other Contracting State may be taxed in that other State. 2 Gains from the alienation of movable property forming part of the business property of a permanent establishment that an enterprise of a Contracting State has or had in the other Contracting State or of movable property pertaining to
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a fixed base that is or was available to a resident of a Contracting State in the other Contracting State for the purpose of performing independent personal services, including such gains from the alienation of such a permanent establishment (alone or with the whole enterprise) or of such a fixed base, may be taxed in that other State. 3 Gains from the alienation of ships or aircraft operated in international traffic or from movable property pertaining to the operation of such ships or aircraft, may be taxed only in the Contracting State in which the head office of the enterprise is situated. 4 Gains derived by a resident of a Contracting State from the alienation of: (a) shares, the value of which is derived principally from immovable property situated in the other State; (b) an interest in a partnership or trust, the value of which is derived principally from immovable property situated in that other State; may be taxed in that other State. 5 Gains from the alienation of any property, other than that referred to in paragraphs 1, 2, 3 and 4, shall be taxable only in the Contracting State of which the alienator is a resident. 6 The provisions of paragraph 5 shall not affect the right of a Contracting State to levy, according to its law, a tax on gains from the alienation of any property, other than property to which the provisions of paragraph 7 apply, derived by an individual who is a resident of the other Contracting State and has been a resident of the first-mentioned State at any time during the six years immediately preceding the alienation of the property. 7 Where an individual who ceases to be a resident of a Contracting State, and immediately thereafter becomes a resident of the other Contracting State, is treated for the purposes of taxation in the first-mentioned State as having alienated a property and is taxed in that State by reason thereof, the individual may elect to be treated for purposes of taxation in the other State as if the individual had, immediately before becoming a resident of that State, sold and repurchased the property for an amount equal to its fair market value at that time.
ARTICLE 14
Independent Personal Services 1 Income derived by an individual who is a resident of a Contracting State in respect of professional or similar services of an independent character shall be taxable only in that State unless the individual has a fixed base regularly available in the other Contracting State for the purpose of performing the services. If the individual has or had such a fixed base, the income may be taxed in the other State but only so much of it as is attributable to that fixed base. 2 The term “professional services” includes especially independent scientific, literary, artistic, educational or teaching activities as well as the independent activities of physicians, lawyers, engineers, architects, dentists and accountants.
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ARTICLE 15
Dependent Personal Services 1 Subject to the provisions of Articles 16, 18 and 19, salaries, wages and other remuneration derived by a resident of a Contracting State in respect of an employment shall be taxable only in that State unless the employment is exercised in the other Contracting State. If the employment is so exercised, such remuneration as is derived therefrom may be taxed in that other State. 2 Notwithstanding the provisions of paragraph 1, remuneration derived by a resident of a Contracting State in respect of an employment exercised in the other Contracting State shall be taxable only in the first-mentioned State: (a) if the recipient is present in the other State for a period or periods not exceeding in the aggregate 183 days in any twelve-month period commencing or ending in the taxation year concerned, and (b) if the remuneration is paid by, or on behalf of, a employer who is not a resident of the other State, and (c) if such remuneration is not borne by a permanent establishment or a fixed base that the employer has in the other State. 3 Notwithstanding the preceding provisions of this Article, remuneration derived in respect of an employment exercised aboard a ship or aircraft in international traffic may be taxed in the Contracting State in which the head office of the enterprise is situated.
ARTICLE 16
Directors’ Fees Directors’ fees and other similar payments derived by a resident of a Contracting State in the capacity as a member of the board of directors or a similar organ of a company which is a resident of the other Contracting State may be taxed in that other State.
ARTICLE 17
Artistes and Sportspersons 1 Notwithstanding the provisions of Articles 14 and 15, income derived by a resident of a Contracting State as an entertainer, such as a theatre, motion picture, radio or television artiste, or a musician, or as a sportsperson, from that resident’s personal activities as such exercised in the other Contracting State, may be taxed in that other State. 2 Where income in respect of personal activities exercised by an entertainer or a sportsperson in that individual’s capacity as such accrues not to the entertainer or a sportsperson personally but to another person, that income may, notwithstanding the provisions of Articles 7, 14 and 15, be taxed in the Contracting State in which the activities of the entertainer or sportsperson are exercised. 3 The provisions of paragraph 2 shall not apply if it is established that neither the entertainer or the sportsperson nor
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persons related thereto participate directly or indirectly in the profits of the person referred to in that paragraph. 4 The provisions of paragraph 1 or 2 of this Article shall not apply to the income mentioned above if the activities of the entertainers or athletes in the Contracting State are funded wholly or substantially by public funds of the other Contracting State, a territorial authority or a public law entity thereof.
ARTICLE 18
Pensions and Annuities 1 Pensions and annuities arising in a Contracting State and paid to a resident of the other Contracting State may be taxed in that other State, but the amount of any pension included in income for the purposes of taxation in that other State shall not exceed the amount that would be included in the firstmentioned State if the recipient were a resident thereof. 2 Pensions arising in a Contracting State and paid to a resident of the other Contracting State may also be taxed in the State in which they arise and according to the laws of that State. However, in the case of periodic pension payments, including payments under the social security legislation in a Contracting State, the tax so charged shall not exceed the lesser of (a) 15 per cent of the gross amount of the payment; and (b) the rate determined by reference to the amount of tax that the recipient of the payment would otherwise be required to pay for the year on the total amount of the periodic pension payments received by the individual in the year, if the individual were resident in the Contracting State in which the payment arises. 3 Annuities arising in a Contracting State and paid to a resident of the other Contracting State may also be taxed in the State in which they arise and according to the law of that State, but the tax so charged shall not exceed 15 per cent of the portion thereof that is subject to tax in that State. However, this limitation does not apply to lump-sum payments arising on the surrender, cancellation, redemption, sale or other alienation of an annuity, or to payments of any kind under an annuity contract the cost of which was deductible, in whole or in part, in computing the income of any person who acquired the contract. 4 Notwithstanding anything in this Convention: (a) war pensions and allowances (including pensions and allowances paid to war veterans or paid as a consequence of damages or injuries suffered as a consequence of a war) arising in a Contracting State and paid to a resident of the other Contracting State shall be exempt from tax in that other State to the extent that they would be exempt from tax if received by a resident of the first-mentioned State; and (b) alimony and other similar payments arising in a Contracting State and paid to a resident of the other Contracting State who is subject to tax therein in respect thereof shall be taxable only in that other State.
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ARTICLE 19
Government Service 1 (a) Salaries, wages and other similar remuneration, other than a pension, paid by a Contracting State or a political subdivision or a local authority thereof to an individual in respect of services rendered to that State or subdivision or authority shall be taxable only in that State. (b) However, such salaries, wages and other similar remuneration shall be taxable only in the other Contracting State if the services are rendered in that State and the individual is a resident of that State who: (i) is a national of that State; or (ii) did not become a resident of that State solely for the purpose of rendering the services. 2 The provisions of paragraph 1 shall not apply to salaries, wages and other similar remuneration in respect of services rendered in connection with a business carried on by a Contracting State or a political subdivision or a local authority thereof.
ARTICLE 20
Students Payments which a student, apprentice or business trainee who is, or was immediately before visiting a Contracting State, a resident of the other Contracting State and who is present in the first-mentioned State solely for the purpose of that individual’s education or training receives for the purpose of that individual’s maintenance, education or training shall not be taxed in that State, if such payments arise from sources outside that State.
ARTICLE 21
Other Income 1 Subject to the provisions of paragraph 2, items of income of a resident of a Contracting State, wherever arising, not dealt with in the foregoing Articles of this Convention shall be taxable only in that State. 2 However, if such income is derived by a resident of a Contracting State from sources in the other Contracting State, such income may also be taxed in the State in which it arises and according to the law of that State. Where such income is income from a trust, other than a trust to which contributions were deductible, the tax so charged shall, if the income is taxable in the Contracting State in which the beneficial owner is a resident, not exceed 15 per cent of the gross amount of the income.
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Chapter 7: Canada–Madagascar Tax Convention Implementation Act, 2018 SCHEDULE 1 Convention between Canada and the Republic of Madagascar for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income
IV. Methods for Elimination of Double Taxation ARTICLE 22
Elimination of Double Taxation 1 In the case of Madagascar, double taxation shall be avoided as follows: (a) where a resident of a Madagascar derives income which, in accordance with the provisions of this Convention, may be taxed in Canada, Madagascar shall allow as a deduction from the tax on the income of that resident, an amount equal to the income tax paid in Canada. Such deduction shall not, however, exceed that part of the income tax, as computed before the deduction is given, which is attributable to the income which may be taxed in Canada; (b) where, in accordance with any provision of the Convention, income derived by a resident of Madagascar is exempt from tax in Madagascar, Madagascar may nevertheless, in calculating the amount of tax on other income, take into account the exempted income.
2 In the case of Canada, double taxation shall be avoided as follows: (a) subject to the existing provisions of the law of Canada regarding the deduction from tax payable in Canada of tax paid in a territory outside Canada and to any subsequent modification of those provisions — which shall not affect the general principle hereof — and unless a greater deduction or relief is provided under the laws of Canada, tax payable in Madagascar on profits, income or gains arising in Madagascar shall be deducted from any Canadian tax payable in respect of such profits, income or gains; (b) where, in accordance with any provision of the Convention, income derived by a resident of Canada is exempt from tax in Canada, Canada may nevertheless, in calculating the amount of tax on other income, take into account the exempted income.
3 For the purposes of this Article, profits, income or gains of a resident of a Contracting State that may be taxed in the other Contracting State in accordance with this Convention shall be deemed to arise from sources in that other State.
V. Special Provisions ARTICLE 23
Non-Discrimination 1 Nationals of a Contracting State shall not be subjected in the other Contracting State to any taxation or any requirement connected therewith that is more burdensome than the
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Chapter 7: Canada–Madagascar Tax Convention Implementation Act, 2018 SCHEDULE 1 Convention between Canada and the Republic of Madagascar for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income
taxation and connected requirements to which nationals of that other State in the same circumstances, in particular with respect to residence, are or may be subjected. 2 The taxation on a permanent establishment that an enterprise of a Contracting State has in the other Contracting State shall not be less favourably levied in that other State than the taxation levied on enterprises of that other State carrying on the same activities. 3 Nothing in this Article shall be construed as obliging a Contracting State to grant to residents of the other Contracting State any personal allowances, reliefs and reductions for taxation purposes on account of civil status or family responsibilities that it grants to its own residents. 4 Enterprises of a Contracting State, the capital of which is wholly or partly owned or controlled, directly or indirectly, by one or more residents of the other Contracting State, shall not be subjected in the first-mentioned State to any taxation or any requirement connected therewith that is more burdensome than the taxation and connected requirements to which other similar enterprises of the first-mentioned State, the capital of which is wholly or partly owned or controlled, directly or indirectly, by one or more residents of a third State, are or may be subjected. 5 The provisions of this Article apply to taxes that are the subject of this Convention.
ARTICLE 24
Mutual Agreement Procedure 1 Where a person considers that the actions of one or both of the Contracting States result or will result for that person in taxation not in accordance with the provisions of this Convention, that person may, irrespective of the remedies provided by the domestic law of those States, submit to the competent authority of the Contracting State of which that person is a resident an application in writing stating the grounds for claiming the revision of such taxation. To be admissible, the said application must be submitted within three years from the first notification of the action resulting in taxation not in accordance with the provisions of the Convention. 2 The competent authority referred to in paragraph 1 shall endeavour, if the objection appears to it to be justified and if it is not itself able to arrive at a satisfactory solution, to resolve the case by mutual agreement with the competent authority of the other Contracting State, with a view to the avoidance of taxation not in accordance with the Convention. Any agreement reached shall be implemented notwithstanding any time limits in the domestic laws of the Contracting States. 3 A Contracting State shall not, after the expiry of the time limits provided in its domestic laws and, in any case, after five years from the end of the taxable period to which the income concerned was attributed, increase the tax base of a resident of either of the Contracting States by including therein items of income that have also been charged to tax in the other Contracting State. This paragraph shall not apply in the case of fraud, wilful default or neglect.
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Chapter 7: Canada–Madagascar Tax Convention Implementation Act, 2018 SCHEDULE 1 Convention between Canada and the Republic of Madagascar for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income
4 The competent authorities of the Contracting States shall endeavour to resolve by mutual agreement any difficulties or doubts arising as to the interpretation or application of the Convention. 5 The competent authorities of the Contracting States may consult together for the elimination of double taxation in cases not provided for in the Convention and may communicate with each other directly for the purpose of applying the Convention. 6 If any difficulty or doubt arising as to the interpretation or application of the Convention cannot be resolved by the competent authorities pursuant to the preceding paragraphs of this Article, the case may be submitted for arbitration if both competent authorities and the taxpayer agree and the taxpayer agrees in writing to be bound by the decision of the arbitration board. The decision of the arbitration board in a particular case shall be binding on both States with respect to that case. The procedure shall be established in an exchange of notes between the Contracting States.
ARTICLE 25
Exchange of Information 1 The competent authorities of the Contracting States shall exchange such information as is foreseeably relevant for carrying out the provisions of this Convention or to the administration or enforcement of the domestic laws concerning taxes of every kind and description imposed on behalf of the Contracting States, insofar as the taxation thereunder is not contrary to the Convention. The exchange of information is not restricted by Articles 1 and 2. Any information received by a Contracting State shall be treated as secret in the same manner as information obtained under the domestic laws of that State and shall be disclosed only to persons or authorities (including courts and administrative bodies) concerned with the assessment or collection of, the enforcement in respect of, the determination of appeals in relation to taxes, or the oversight of the above. Such persons or authorities shall use the information only for such purposes. They may disclose the information in public court proceedings or in judicial decisions.
2 In no case shall the provisions of paragraph 1 be construed so as to impose on a Contracting State the obligation: (a) to carry out administrative measures at variance with the laws and the administrative practice of that or of the other Contracting State; (b) to supply information that is not obtainable under the laws or in the normal course of the administration of that or of the other Contracting State; (c) to supply information that would disclose any trade, business, industrial, commercial or professional secret or trade process, or information, the disclosure of which would be contrary to public policy (ordre public).
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3 If information is requested by a Contracting State in accordance with this Article, the other Contracting State shall use its information gathering measures to obtain the requested information, even though the other State may not need such information for its own tax purposes. The obligation contained in the preceding sentence is subject to the limitations of paragraph 2 but in no case shall such limitations be construed to permit a Contracting State to decline to supply information solely because it has no domestic interest in such information. 4 In no case shall the provisions of paragraph 2 be construed to permit a Contracting State to decline to supply information solely because the information is held by a bank, other financial institution, nominee or person acting in an agency or fiduciary capacity or because the information relates to ownership interests in a person. 5 Authorized representatives of a Contracting State shall be permitted to enter the other Contracting State to interview individuals or examine a person’s books and records with their consent, in accordance with procedures mutually agreed upon by the competent authorities, subject to the rules on tax procedures in force in each Contracting State.
ARTICLE 26
Members of Diplomatic Missions and Consular Posts 1 Nothing in this Convention shall affect the fiscal privileges of members of diplomatic missions or consular posts under the general rules of international law or under the provisions of special agreements. 2 Notwithstanding the provisions of Article 4, an individual who is a member of a diplomatic mission, consular post or permanent mission of a Contracting State that is situated in the other Contracting State or in a third State shall be deemed for the purposes of the Convention to be a resident of the sending State if that individual is liable in the sending State to the same obligations in relation to tax on total income as are residents of that sending State. 3 The Convention shall not apply to international organizations, to organs or officials thereof and to persons who are members of a diplomatic mission, consular post or permanent mission of a third State or group of States, being present in a Contracting State and who are not liable in either Contracting State to the same obligations in relation to tax on their total income as are residents thereof.
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Chapter 7: Canada–Madagascar Tax Convention Implementation Act, 2018 SCHEDULE 1 Convention between Canada and the Republic of Madagascar for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income
ARTICLE 27
Miscellaneous Rules 1 The provisions of this Convention shall not be construed to restrict in any manner any exemption, allowance, credit or other deduction accorded: (a) by the laws of a Contracting State in the determination of the tax imposed by that State; (b) by any other treaty entered into by a Contracting State. 2 The Convention shall not apply to any company, trust or other entity that is a resident of a Contracting State and is beneficially owned or controlled, directly or indirectly, by one or more persons who are not residents of that State, if the amount of the tax imposed on the income or capital of the company, trust or other entity by that State (after taking into account any reduction or offset of the amount of tax in any manner, including a refund, reimbursement, contribution, credit or allowance to the company, trust, or other entity or to any other person) is substantially lower than the amount that would be imposed by that State if all of the shares of the capital stock of the company or all of the interests in the trust or other entity, as the case may be, were beneficially owned by one or more individuals who were residents of that State.
3 The Convention shall not apply to a company or other entity that is entitled to income tax benefits pursuant to any legislation in either Contracting State relating to promotion of increased economic activity (including legislation providing for tax-free zones), unless: (a) the company or other entity is a resident of the Contracting State providing the income tax benefits and is wholly-owned directly by individuals who are residents of that State or indirectly by such individuals through one or more entities provided that all such entities are resident of that State; or (b) 90 per cent or more of the income eligible for such benefits are derived exclusively from the active conduct of a trade or business carried on by it other than an investment business. 4 For the purposes of paragraph 3 of Article XXII (Consultation) of the General Agreement on Trade in Services, the Contracting States agree that, notwithstanding that paragraph, any dispute between them as to whether a measure falls within the scope of the convention may be brought before the Council for Trade in Services, as provided by that paragraph, only with the consent of both Contracting States. Any doubt as to the interpretation of this paragraph shall be resolved under paragraph 4 of Article 24 or, failing agreement under that procedure, pursuant to any other procedure agreed to by both Contracting States.
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Chapter 7: Canada–Madagascar Tax Convention Implementation Act, 2018 SCHEDULE 1 Convention between Canada and the Republic of Madagascar for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income
VI. Final Provisions ARTICLE 28
Entry into Force Each of the Contracting States shall notify the other through diplomatic channels of the completion of the procedures required its legislation for the bringing into force of this Convention. The Convention shall enter into force on the date of the later of these notifications and its provisions shall thereupon have effect: (a) in Madagascar: (i) in respect of withholding taxes, to sums payable on or after the first day of January in the calendar year following that in which the Convention enters into force; and (ii) in respect of other taxes on income, for taxation years beginning on or after the first day of January in the calendar year following that in which the Convention enters into force; (b) in Canada: (i) in respect of tax withheld at the source on amounts paid or credited to non-residents, on or after the first day of January in the calendar year following that in which the Convention enters into force; and (ii) in respect of other Canadian tax, for taxation years beginning on or after the first day of January in the calendar year following that in which the Convention enters into force.
ARTICLE 29
Termination This Convention shall remain in force until terminated by one of the Contracting States. Either Contracting State may terminate the Convention, through diplomatic channels, by giving notice of termination at least six months before the end of any calendar year beginning after the expiry of five years from the date of entry into force of the Convention. In such event, the Convention shall cease to have effect: (a) in Madagascar: (i) in respect of taxes withheld at source, to sums payable no later than December 31st of the year of the notice of termination and (ii) in respect of other taxes charged on income for tax periods ending on or after December 31 of the year which immediately follows the year of the notice of termination; (b) in Canada: (i) in respect of tax withheld at the source on amounts paid or credited to non-residents, after the end of that calendar year, and
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Chapter 7: Canada–Madagascar Tax Convention Implementation Act, 2018 SCHEDULE 1 Convention between Canada and the Republic of Madagascar for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income
(ii) in respect of other Canadian tax, for taxation years beginning after the end of that calendar year. IN WITNESS WHEREOF the undersigned, duly authorized to that effect by their respective Government, have signed this Convention. DONE in duplicate at Antananarivo, this 24th day of November 2016, in the English and French languages, each version being equally authentic. FOR CANADA Sandra McCardell FOR THE REPUBLIC OF MADAGASCAR Gervais Rakotoarimanana
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Chapter 7: Canada–Madagascar Tax Convention Implementation Act, 2018 SCHEDULE 2 Protocol
SCHEDULE 2 (Section 2)
Protocol At the moment of signing the Convention between Canada and the Republic of Madagascar for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income, the undersigned have agreed upon the following provisions which shall be an integral part of the Convention: 1 It is understood that, for the purposes of the Convention, the term “head office of the enterprise” signifies, in the case of Canada, the place of incorporation of the enterprise. 2 It is understood that nothing in the Convention shall be construed as preventing Canada from imposing a tax on amounts included in the income of a resident of Canada with respect to a partnership, trust, or controlled foreign affiliate, in which that resident has an interest. IN WITNESS WHEREOF the undersigned, duly authorized to that effect by their respective Government, have signed this Protocol. DONE in duplicate at Antananarivo, this 24th day of November 2016, in the English and French languages, each version being equally authentic. FOR CANADA Sandra McCardell FOR THE REPUBLIC OF MADAGASCAR Gervais Rakotoarimanana
Published under authority of the Senate of Canada 2015-2016-2017-2018-2019
Disponible sur le site Web du Sénat du Canad
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First Session, Forty-second Parliament, 64-65-66-67-68 Elizabeth II, 2015-2016-2017-2018-2019
STATUTES OF CANADA 2019
CHAPTER 5
An Act to designate the month of April as Sikh Heritage Month
ASSENTED TO APRIL 30, 2019 BILL C-376
SUMMARY This enactment designates the month of April in each and every year as ″Sikh Heritage Month″.
i
64-65-66-67-68 ELIZABETH II
CHAPTER 5
An Act to designate the month of April as Sikh Heritage Month [Assented to 30th April, 2019] Preamble Whereas the Sikh population in Canada is in excess of 500,000 people, making it the second-largest Sikh population in the world;
Whereas the Parliament of Canada recognizes the significant contributions that Sikh Canadians have made to Canada’s social, economic, political and cultural fabric, as well as the richness of the Punjabi language and culture and the Gurmukhi script; Whereas the month of April is meaningful for the Sikh community around the world; And whereas, by designating the month of April as Sikh Heritage Month, the Parliament of Canada would provide an opportunity to reflect on, celebrate and educate future generations about the inspirational role that Sikh Canadians have played and continue to play in communities across the country; Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Short Title Short title 1 This Act may be cited as the Sikh Heritage Month Act.
Sikh Heritage Month Sikh Heritage Month 2 Throughout Canada, in each and every year, the month of April is to be known as “Sikh Heritage Month”.
Published under authority of the Speaker of the House of Commons 2015-2016-2017-2018-2019
Disponible sur le site Web de la Chambre des comm
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First Session, Forty-second Parliament, 64-65-66-67-68 Elizabeth II, 2015-2016-2017-2018-2019
STATUTES OF CANADA 2019
CHAPTER 4
An Act for granting to Her Majesty certain sums of money for the federal public administration for the fiscal year ending March 31, 2020
ASSENTED TO MARCH 22, 2019 BILL C-96
SUMMARY This enactment grants the sum of $37,725,970,750 towards defraying charges and expenses of the federal public administration for the fiscal year ending March 31, 2020 that are not otherwise provided for.
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64-65-66-67-68 ELIZABETH II
CHAPTER 4
An Act for granting to Her Majesty certain sums of money for the federal public administration for the fiscal year ending March 31, 2020 [Assented to 22nd March, 2019] MOST GRACIOUS SOVEREIGN, Preamble Whereas it appears by message from Her Excellency the Right Honourable Julie Payette, Governor General and Commander-in-Chief of Canada, and the Estimates accompanying that message, that the sums mentioned below are required to defray certain expenses of the federal public administration, not otherwise provided for, for the fiscal year ending March 31, 2020, and for other purposes connected with the federal public administration;
May it therefore please Your Majesty, that it may be enacted, and be it enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, that: Short title 1 This Act may be cited as the Appropriation Act No. 1,
2019–20. $37,725,970,750 granted for 2019–20 2 There may be paid out of the Consolidated Revenue
Fund a sum not exceeding in the aggregate $37,725,970,750 towards defraying the various charges and expenses of the federal public administration for the fiscal year ending March 31, 2020, not otherwise provided for, which is the total of the amounts of the items set out in the Interim Estimates for that fiscal year as set out in Schedules 1 and 2.
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Chapter 4: Appropriation Act No. 1, 2019–20 Sections 3-5
Purpose of each item 3 The amount authorized by this Act to be paid in respect of an item may be paid only for the purposes, and subject to any terms and conditions, specified in the item. Adjustments in accounts of Canada — Schedule 1 4 An appropriation that is granted by this Act or any other Act and referred to in Schedule 1 may be charged after the end of the fiscal year for which the appropriation is granted at any time before the day on which the Public Accounts for that fiscal year are tabled in Parliament, for the purpose of making adjustments in the accounts of Canada for that fiscal year that do not require payments out of the Consolidated Revenue Fund.
Adjustments in accounts of Canada — Schedule 2 5 (1) An appropriation that is granted by this Act or any other Act and referred to in Schedule 2 may be charged after the end of the fiscal year following the fiscal year for which the appropriation is granted at any time before the day on which the Public Accounts for that second fiscal year are tabled in Parliament, for the purpose of making adjustments in the accounts of Canada for that second fiscal year that do not require payments out of the Consolidated Revenue Fund.
Order of payment (2) Despite any other provision of this Act, amounts appropriated by this Act and set out in Schedule 2 may be paid and applied at any time on or before March 31, 2021, so long as every payment is charged first against the relevant amount appropriated under any Act that is earliest in time until that amount is exhausted, next against the relevant amount appropriated under any other Act, including this Act, that is next in time until that amount is exhausted and so on. The balance of amounts so appropriated by this Act that have not been charged, subject to the adjustments referred to in section 37 of the Financial Administration Act, lapse at the end of the fiscal year following the fiscal year ending March 31, 2020.
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Chapter 4: Appropriation Act No. 1, 2019–20 SCHEDULE 1
SCHEDULE 1
Based on the Interim Estimates 2019–20, the amount granted is $ out in this Schedule.
Sums granted to Her Majesty by this Act for the fiscal year ending Vote No.
Items
ADMINISTRATIVE TRIBUNALS SUPPORT SERVICE OF Service canadien d’appui aux tribunaux administrat 1
– Program expenditures
– Authority to make recoverable expenditures in relat the Canada Pension Plan and the Employment Insu – Authority to enter into commitments not exceeding year for the purposes of this vote
ATLANTIC CANADA OPPORTUNITIES AGENCY Agence de promotion économique du Canada atlan 1
– Operating expenditures
– The payment to each member of the Queen’s Privy a minister without portfolio, or a minister of State w a ministry of State, of a salary — paid annually or p than a year — that does not exceed the salary paid rounded down to the nearest hundred dollars unde ment of Canada Act, to ministers of State who pres – Authority to enter into commitments not exceeding year for the purposes of this vote 5
– The grants listed in any of the Estimates for the fisca – Contributions – Authority to enter into commitments not exceeding year for the purposes of this vote ATOMIC ENERGY OF CANADA LIMITED Énergie atomique du Canada limitée
– Payments to the corporation for operating and capit – Authority to enter into commitments not exceeding year for the purposes of this vote CANADA COUNCIL FOR THE ARTS Conseil des Arts du Canada
– Payments to the Council to be used for the furtheran section 8 of the Canada Council for the Arts Act – Authority to enter into commitments not exceeding year for the purposes of this vote
CANADA MORTGAGE AND HOUSING CORPORATION Société canadienne d’hypothèques et de logement 1
– Payments to reimburse the Corporation for the amo grants, contributions and expenditures made, and l incurred, (a) under the National Housing Act; or
(b) in the course of the exercise of powers or the functions conferred on the Corporation under an in accordance with the Corporation’s authority u and Housing Corporation Act
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Chapter 4: Appropriation Act No. 1, 2019–20 SCHEDULE 1
Vote No.
Items – Authority to enter into commitments not exceeding year for the purposes of this vote CANADA POST CORPORATION Société canadienne des postes
– Payments to the Corporation for special purposes – Authority to enter into commitments not exceeding year for the purposes of this vote CANADA SCHOOL OF PUBLIC SERVICE École de la fonction publique du Canada
– Program expenditures – Authority to enter into commitments not exceeding year for the purposes of this vote
CANADIAN AIR TRANSPORT SECURITY AUTHORITY Administration canadienne de la sûreté du transpor 1
– Payments to the Authority for operating and capital – Authority to enter into commitments not exceeding year for the purposes of this vote CANADIAN BROADCASTING CORPORATION Société Radio-Canada
– Payments to the Corporation for operating expendit – Authority to enter into commitments not exceeding year for the purposes of this vote
– Payments to the Corporation for working capital – Authority to enter into commitments not exceeding year for the purposes of this vote
– Payments to the Corporation for capital expenditure – Authority to enter into commitments not exceeding year for the purposes of this vote
CANADIAN CENTRE FOR OCCUPATIONAL HEALTH AN Centre canadien d’hygiène et de sécurité au travail 1
– Program expenditures – Authority to enter into commitments not exceeding year for the purposes of this vote CANADIAN DAIRY COMMISSION Commission canadienne du lait
– Program expenditures – Authority to enter into commitments not exceeding year for the purposes of this vote
CANADIAN ENVIRONMENTAL ASSESSMENT AGENCY Agence canadienne d’évaluation environnementale 1
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of th Act, to expend in the fiscal year — in order to offset in that fiscal year — revenues that it receives in that
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Chapter 4: Appropriation Act No. 1, 2019–20 SCHEDULE 1
Vote No.
Items
(a) the conduct of environmental assessments b (b) the provision of training; and
(c) the provision of internal support services und – Authority to enter into commitments not exceeding year for the purposes of this vote 5
– The grants listed in any of the Estimates for the fisca – Contributions – Authority to enter into commitments not exceeding year for the purposes of this vote CANADIAN FOOD INSPECTION AGENCY Agence canadienne d’inspection des aliments
– Operating expenditures
– The grants listed in any of the Estimates for the fisca – Contributions – Authority to enter into commitments not exceeding year for the purposes of this vote 5
– Capital expenditures – Authority to enter into commitments not exceeding year for the purposes of this vote CANADIAN GRAIN COMMISSION Commission canadienne des grains
– Program expenditures – Authority to enter into commitments not exceeding year for the purposes of this vote
CANADIAN HIGH ARCTIC RESEARCH STATION Station canadienne de recherche dans l’Extrême-Ar 1
– Program expenditures
– The grants listed in any of the Estimates for the fisca – Contributions – Authority to enter into commitments not exceeding year for the purposes of this vote CANADIAN HUMAN RIGHTS COMMISSION Commission canadienne des droits de la personne 1
– Program expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of th Act, to expend in the fiscal year — in order to offset it incurs in that fiscal year — revenues that it receiv the provision of internal support services under sec – Authority to enter into commitments not exceeding year for the purposes of this vote CANADIAN INSTITUTES OF HEALTH RESEARCH Instituts de recherche en santé du Canada 1
– Operating expenditures – Authority to enter into commitments not exceeding year for the purposes of this vote
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Chapter 4: Appropriation Act No. 1, 2019–20 SCHEDULE 1
Vote No. 5
Items
– The grants listed in any of the Estimates for the fisca – Authority to enter into commitments not exceeding year for the purposes of this vote
CANADIAN INTERGOVERNMENTAL CONFERENCE SE Secrétariat des conférences intergouvernementales 1
– Program expenditures – Authority to enter into commitments not exceeding year for the purposes of this vote CANADIAN MUSEUM FOR HUMAN RIGHTS Musée canadien des droits de la personne
– Payments to the Museum for operating and capital e – Authority to enter into commitments not exceeding year for the purposes of this vote CANADIAN MUSEUM OF HISTORY Musée canadien de l’histoire
– Payments to the Museum for operating and capital e – Authority to enter into commitments not exceeding year for the purposes of this vote CANADIAN MUSEUM OF IMMIGRATION AT PIER 21 Musée canadien de l’immigration du Quai 21
– Payments to the Museum for operating and capital e – Authority to enter into commitments not exceeding year for the purposes of this vote CANADIAN MUSEUM OF NATURE Musée canadien de la nature
– Payments to the Museum for operating and capital e – Authority to enter into commitments not exceeding year for the purposes of this vote
CANADIAN NORTHERN ECONOMIC DEVELOPMENT A Agence canadienne de développement économique 1
– Operating expenditures – Authority to enter into commitments not exceeding year for the purposes of this vote
– The grants listed in any of the Estimates for the fisca – Contributions – Authority to enter into commitments not exceeding year for the purposes of this vote CANADIAN NUCLEAR SAFETY COMMISSION Commission canadienne de sûreté nucléaire
– Program expenditures
– The grants listed in any of the Estimates for the fisca – Contributions – Authority to enter into commitments not exceeding year for the purposes of this vote
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Chapter 4: Appropriation Act No. 1, 2019–20 SCHEDULE 1
Vote No.
Items
CANADIAN RADIO-TELEVISION AND TELECOMMUNIC Conseil de la radiodiffusion et des télécommunicati 1
– Program expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of th Act, to expend in the fiscal year — in order to offset in that fiscal year — revenues that it receives in that Telecommunications Fees Regulations, 2010, the Br Regulations, 1997 and the Unsolicited Telecommun and other revenues that it receives in that fiscal yea the conduct of its operations, up to amounts approv – Authority to enter into commitments not exceeding year for the purposes of this vote CANADIAN SECURITY INTELLIGENCE SERVICE Service canadien du renseignement de sécurité 1
– Program expenditures – Authority to enter into commitments not exceeding year for the purposes of this vote CANADIAN SPACE AGENCY Agence spatiale canadienne
– Operating expenditures – Authority to enter into commitments not exceeding year for the purposes of this vote
– Capital expenditures – Authority to enter into commitments not exceeding year for the purposes of this vote
– The grants listed in any of the Estimates for the fisca – Contributions – Authority to enter into commitments not exceeding year for the purposes of this vote CANADIAN TOURISM COMMISSION Commission canadienne du tourisme
– Payments to the Commission – Authority to enter into commitments not exceeding year for the purposes of this vote
CANADIAN TRANSPORTATION ACCIDENT INVESTIGA BOARD Bureau canadien d’enquête sur les accidents de tran transports 1
– Program expenditures – Authority to enter into commitments not exceeding year for the purposes of this vote CANADIAN TRANSPORTATION AGENCY Office des transports du Canada
– Program expenditures – Authority to enter into commitments not exceeding year for the purposes of this vote
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Chapter 4: Appropriation Act No. 1, 2019–20 SCHEDULE 1
Vote No.
Items
CIVILIAN REVIEW AND COMPLAINTS COMMISSION F CANADIAN MOUNTED POLICE Commission civile d’examen et de traitement des p Gendarmerie royale du Canada 1
– Program expenditures – Authority to enter into commitments not exceeding year for the purposes of this vote COMMUNICATIONS SECURITY ESTABLISHMENT Centre de la sécurité des télécommunications
– Program expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of th Act, to expend in the fiscal year — in order to offset in that fiscal year — revenues that it receives in that tions, including the provision of internal support se of that Act – Authority to enter into commitments not exceeding year for the purposes of this vote COPYRIGHT BOARD Commission du droit d’auteur 1
– Program expenditures – Authority to enter into commitments not exceeding year for the purposes of this vote CORRECTIONAL SERVICE OF CANADA Service correctionnel du Canada
– Operating expenditures
– The grants listed in any of the Estimates for the fisca – Contributions
– Authority to deposit into the Inmate Welfare Fund re fiscal year from projects operated by inmates and fi
– Authority to operate canteens in federal institutions fiscal year, revenue from sales into the Inmate Welf
– Payments, in accordance with terms and conditions nor in Council,
(a) to or on behalf of discharged inmates who su caused by participation in normal program activ and
(b) to dependants of deceased inmates and disch deaths resulted from participation in normal pro stitutions
– Authority for the Minister of Public Safety and Emer ject to the approval of the Governor in Council, to e with any province for
(a) the confinement in institutions of that provin tenced, committed or transferred to a penitentia
(b) compensation for the maintenance of such p
(c) payment in respect of the construction and re tions – Authority to enter into commitments not exceeding year for the purposes of this vote 5
– Capital expenditures, including
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(a) payments to aboriginal communities, as defin Corrections and Conditional Release Act, in conn of correctional services under an agreement refe that Act; and
(b) payments to non-profit organizations involve tions operations, provinces and municipalities to construction costs – Authority to enter into commitments not exceeding year for the purposes of this vote COURTS ADMINISTRATION SERVICE Service administratif des tribunaux judiciaires 1
– Program expenditures – Authority to enter into commitments not exceeding year for the purposes of this vote
DEPARTMENT FOR WOMEN AND GENDER EQUALITY Ministère des Femmes et de l’Égalité des genres 1
– Operating expenditures
– The payment to each member of the Queen’s Privy a minister without portfolio, or a minister of State w a ministry of State, of a salary — paid annually or p than a year — that does not exceed the salary paid rounded down to the nearest hundred dollars unde ment of Canada Act, to ministers of State who pres – Authority to enter into commitments not exceeding year for the purposes of this vote 5
– The grants listed in any of the Estimates for the fisca – Contributions – Authority to enter into commitments not exceeding year for the purposes of this vote DEPARTMENT OF AGRICULTURE AND AGRI-FOOD Ministère de l’Agriculture et de l’Agroalimentaire
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of th Act, to expend in the fiscal year — in order to offset in that fiscal year — revenues that it receives in that
(a) collaborative research agreements and resea
(b) the administration of the AgriStability progra
(c) the provision of internal support services und
– The payment to each member of the Queen’s Privy a minister without portfolio, or a minister of State w a ministry of State, of a salary — paid annually or p than a year — that does not exceed the salary paid rounded down to the nearest hundred dollars unde ment of Canada Act, to ministers of State who pres – Authority to enter into commitments not exceeding year for the purposes of this vote 5
– Capital expenditures – Authority to enter into commitments not exceeding year for the purposes of this vote
– The grants listed in any of the Estimates for the fisca – Contributions
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Vote No.
Items – Authority to enter into commitments not exceeding year for the purposes of this vote DEPARTMENT OF CANADIAN HERITAGE Ministère du Patrimoine canadien
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of th Act, to expend in the fiscal year — in order to offset in that fiscal year — revenues that it receives in that
(a) the activities of the Canadian Conservation In itage Information Network and the Canadian Au fice;
(b) activities undertaken under the Capital Exper
(c) the provision of internal support services und
– The payment to each member of the Queen’s Privy a minister without portfolio, or a minister of State w a ministry of State, of a salary — paid annually or p than a year — that does not exceed the salary paid rounded down to the nearest hundred dollars unde ment of Canada Act, to ministers of State who pres – Authority to enter into commitments not exceeding year for the purposes of this vote 5
– The grants listed in any of the Estimates for the fisca – Contributions – Authority to enter into commitments not exceeding year for the purposes of this vote DEPARTMENT OF CITIZENSHIP AND IMMIGRATION Ministère de la Citoyenneté et de l’Immigration
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of th Act, to expend in the fiscal year — in order to offset in that fiscal year from the provision of services rela rience Canada — revenues that it receives in that fis sion of those services
– The payment to each member of the Queen’s Privy a minister without portfolio, or a minister of State w a ministry of State, of a salary — paid annually or p than a year — that does not exceed the salary paid rounded down to the nearest hundred dollars unde ment of Canada Act, to ministers of State who pres – Authority to enter into commitments not exceeding year for the purposes of this vote 5
– Capital expenditures – Authority to enter into commitments not exceeding year for the purposes of this vote
– The grants listed in any of the Estimates for the fisca
– Contributions, including the provision of goods and – Authority to enter into commitments not exceeding year for the purposes of this vote
DEPARTMENT OF EMPLOYMENT AND SOCIAL DEVEL Ministère de l’Emploi et du Développement social 1
– Operating expenditures
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– Authority to make recoverable expenditures in relat the Canada Pension Plan and the Employment Insu
– Authority, as referred to in paragraph 29.1(2)(a) of th Act, to expend in the fiscal year — in order to offset it incurs in that fiscal year — revenues that it receiv
(a) the provision of services to assist provinces i provincial programs funded under Labour Marke ments;
(b) the provision of internal support services und
(c) any amount charged to a Crown corporation the Government Employees Compensation Act i costs for subrogated claims for Crown corporati
(d) the portion of the Government Employees Co mental or agency subrogated claim settlements
– The payment to each member of the Queen’s Privy a minister without portfolio, or a minister of State w a ministry of State, of a salary — paid annually or p than a year — that does not exceed the salary paid rounded down to the nearest hundred dollars unde ment of Canada Act, to ministers of State who pres – Authority to enter into commitments not exceeding year for the purposes of this vote 5
– The grants listed in any of the Estimates for the fisca – Contributions – Authority to enter into commitments not exceeding year for the purposes of this vote DEPARTMENT OF FINANCE Ministère des Finances
– Program expenditures – Contributions
– Authority, as referred to in paragraph 29.1(2)(a) of th Act, to expend in the fiscal year — in order to offset it incurs in that fiscal year — revenues that it receiv the provision of internal support services under sec
– The payment to each member of the Queen’s Privy a minister without portfolio, or a minister of State w a ministry of State, of a salary — paid annually or p than a year — that does not exceed the salary paid rounded down to the nearest hundred dollars unde ment of Canada Act, to ministers of State who pres – Authority to enter into commitments not exceeding year for the purposes of this vote 5
– Pursuant to subsection 8(2) of the Bretton Woods an Act, the amount of financial assistance provided by way of direct payments to the International Develop exceed $441,620,000 in the fiscal year 2019–20 DEPARTMENT OF FISHERIES AND OCEANS Ministère des Pêches et des Océans
– Operating expenditures
– Canada’s share of expenses of the international fish – Authority to provide free office accommodation for commissions
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Items
– Authority to make recoverable advances in the amo international fisheries commissions of joint cost pro
– Authority to make recoverable advances for transpo other shipping services performed for individuals, o governments in the course of, or arising out of, the navigation, including aids to navigation and shippin
– Authority, as referred to in paragraph 29.1(2)(a) of th Act, to expend in the fiscal year — in order to offset in that fiscal year — revenues that it receives in that
(a) in the course of, or arising from, the activities Guard; and
(b) from the provision of internal support service that Act
– The payment to each member of the Queen’s Privy a minister without portfolio, or a minister of State w a ministry of State, of a salary — paid annually or p than a year — that does not exceed the salary paid rounded down to the nearest hundred dollars unde ment of Canada Act, to ministers of State who pres – Authority to enter into commitments not exceeding year for the purposes of this vote 5
– Capital expenditures
– Authority to make payments to provinces, municipa authorities as contributions towards construction d
– Authority for the purchase and disposal of commerc – Authority to enter into commitments not exceeding year for the purposes of this vote 10
– The grants listed in any of the Estimates for the fisca – Contributions – Authority to enter into commitments not exceeding year for the purposes of this vote
DEPARTMENT OF FOREIGN AFFAIRS, TRADE AND DE Ministère des Affaires étrangères, du Commerce et 1
– Operating expenditures, including those related to t Canada’s representatives abroad, to the staff of tho the assignment of Canadians to the staffs of interna
– Authority to make recoverable advances to internati amounts not exceeding the amounts of the shares o
– Expenditures in respect of the provision of office ac national Civil Aviation Organization
– Authority to make recoverable expenditures for assi of distressed Canadian citizens and Canadian reside ing their dependants
– Authority, as referred to in paragraph 29.1(2)(a) of th Act, to expend in the fiscal year — in order to offset it incurs in that fiscal year — revenues that it receiv (a) trade and education fairs; (b) departmental publications; and (c) the following services:
(i) training services provided by the Canadian
(ii) trade missions and other international bus vices, (iii) investment development services,
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(iv) international telecommunication services
(v) other services provided abroad to other d cies, Crown corporations and non-federal org (vi) specialized consular services
– The payment to each member of the Queen’s Privy a minister without portfolio, or a minister of State w a ministry of State, of a salary — paid annually or p than a year — that does not exceed the salary paid rounded down to the nearest hundred dollars unde ment of Canada Act, to ministers of State who pres – Authority to enter into commitments not exceeding year for the purposes of this vote 5
– Capital expenditures – Authority to enter into commitments not exceeding year for the purposes of this vote
– The grants listed in any of the Estimates for the fisca
– Contributions, including payments for other specifie provision of goods and services for (a) the promotion of trade and investment; and
(b) international humanitarian assistance and as ternational security, international development a – Authority to enter into commitments not exceeding year for the purposes of this vote 15
– Payments made
(a) in respect of pension, insurance and social se arrangements for employees locally engaged ou
(b) in respect of the administration of such progr cluding premiums, contributions, benefit payme ditures made in respect of such employees and the Treasury Board determines – Authority to enter into commitments not exceeding year for the purposes of this vote 20
– Pursuant to subsection 12(2) of the International Dev tutions) Assistance Act, the amount of financial ass Minister of Foreign Affairs, in consultation with the way of direct payments for the purpose of contribut financial institutions may not exceed $232,491,748 i
L25
– Pursuant to subsection 12(2) of the International Dev tutions) Assistance Act, the amount of financial ass Minister of Foreign Affairs, in consultation with the way of the purchase of shares of international finan exceed $11,713,307 in United States dollars in the fi amount is estimated in Canadian dollars at $17,000 DEPARTMENT OF HEALTH Ministère de la Santé
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of th Act, to expend in the fiscal year — in order to offset in that fiscal year — revenues that it receives in that
(a) the provision of services or the sale of produ well-being and to regulatory activities; and
(b) the provision of internal support services und
– The payment to each member of the Queen’s Privy a minister without portfolio, or a minister of State w
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Vote No.
Items
a ministry of State, of a salary — paid annually or p than a year — that does not exceed the salary paid rounded down to the nearest hundred dollars unde ment of Canada Act, to ministers of State who pres – Authority to enter into commitments not exceeding year for the purposes of this vote 5
– Capital expenditures – Authority to enter into commitments not exceeding year for the purposes of this vote
– The grants listed in any of the Estimates for the fisca
– Contributions, in the form of monetary payments or services – Authority to enter into commitments not exceeding year for the purposes of this vote
DEPARTMENT OF INDIAN AFFAIRS AND NORTHERN D Ministère des Affaires indiennes et du Nord canadie 1
– Operating expenditures – Expenditures on works, buildings and equipment
– Authority to make expenditures — recoverable or ot formed on property that is not federal property and spect of that property
– Authority to provide, in respect of Indian and Inuit e tivities, for the capacity development for Indians an of materials and equipment
– Authority to sell electric power to private consumer alternative local sources of supply are not available and conditions approved by the Governor in Counc
– Authority, as referred to in paragraph 29.1(2)(a) of th Act, to expend in the fiscal year — in order to offset it incurs in that fiscal year — revenues that it receiv the provision of internal support services under sec
– The payment to each member of the Queen’s Privy a minister without portfolio, or a minister of State w a ministry of State, of a salary — paid annually or p than a year — that does not exceed the salary paid rounded down to the nearest hundred dollars unde ment of Canada Act, to ministers of State who pres – Authority to enter into commitments not exceeding year for the purposes of this vote 5
– Capital expenditures
– Expenditures on buildings, works, land and equipm and ownership of which
(a) may be transferred to provincial government approved by the Governor in Council; or
(b) may be transferred to Indian bands, groups o dians at the discretion of the Minister of Indian A opment
– Expenditures on buildings, works, land and equipm federal property
– Authority to make recoverable expenditures on road amounts not exceeding the shares of provincial gov – Authority to enter into commitments not exceeding year for the purposes of this vote 10
– The grants listed in any of the Estimates for the fisca
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Vote No.
Items – Contributions – Authority to enter into commitments not exceeding year for the purposes of this vote
L15
– Loans to indigenous claimants in accordance with te proved by the Governor in Council for the purpose to research, development and negotiation of claims – Authority to enter into commitments not exceeding year for the purposes of this vote
L20
– Loans to First Nations in British Columbia for the pu participation in the British Columbia Treaty Commis – Authority to enter into commitments not exceeding year for the purposes of this vote
DEPARTMENT OF INDIGENOUS SERVICES CANADA Ministère des Services aux Autochtones du Canada 1
– Operating expenditures – Expenditures on works, buildings and equipment
– Authority to make expenditures — recoverable or ot formed on property that is not federal property and spect of that property
– Authority to provide, in respect of Indian and Inuit e tivities, for the capacity development for Indians an of materials and equipment
– Authority to sell electric power to private consumer alternative local sources of supply are not available and conditions approved by the Governor in Counc
– Authority, as referred to in paragraph 29.1(2)(a) of th Act, to expend in the fiscal year — in order to offset it incurs in that fiscal year — revenues that it receiv
(a) the provision of services or the sale of produ tion and medical services; and
(b) the provision of internal support services und
– The payment to each member of the Queen’s Privy a minister without portfolio, or a minister of State w a ministry of State, of a salary — paid annually or p than a year — that does not exceed the salary paid rounded down to the nearest hundred dollars unde ment of Canada Act, to ministers of State who pres – Authority to enter into commitments not exceeding year for the purposes of this vote 5
– Capital expenditures
– Expenditures on buildings, works, land and equipm and ownership of which
(a) may be transferred to provincial government approved by the Governor in Council; or
(b) may be transferred to Indian bands, groups o dians at the discretion of the Minister of State st nous Services
– Expenditures on buildings, works, land and equipm federal property
– Authority to make recoverable expenditures on road amounts not exceeding the shares of provincial gov – Authority to enter into commitments not exceeding year for the purposes of this vote
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Vote No. 10
Items
– The grants listed in any of the Estimates for the fisca
– Contributions, in the form of monetary payments or services – Authority to enter into commitments not exceeding year for the purposes of this vote DEPARTMENT OF INDUSTRY Ministère de l’Industrie 1
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of th Act, to expend in the fiscal year — in order to offset in that fiscal year — revenues that it receives in that
(a) the provision of internal support services und and the provision of internal support services to Property Office;
(b) activities and operations related to communi Communications Research Centre;
(c) services and insolvency processes under the Act at the Office of the Superintendent of Bankru
(d) activities and operations carried out by Corpo Canada Business Corporations Act, the Boards o Cooperatives Act and the Canada Not-for-profit C
(e) services and regulatory processes for merger ters, including pre-merger notifications, advance written opinions, under the Competition Act at th
– The payment to each member of the Queen’s Privy a minister without portfolio, or a minister of State w a ministry of State, of a salary — paid annually or p than a year — that does not exceed the salary paid rounded down to the nearest hundred dollars unde ment of Canada Act, to ministers of State who pres – Authority to enter into commitments not exceeding year for the purposes of this vote 5
– Capital expenditures – Authority to enter into commitments not exceeding year for the purposes of this vote
– The grants listed in any of the Estimates for the fisca – Contributions – Authority to enter into commitments not exceeding year for the purposes of this vote
L15
– Payments under subsection 14(2) of the Department – Authority to enter into commitments not exceeding for the purposes of this vote
L20
– Loans under paragraph 14(1)(a) of the Department o – Authority to enter into commitments not exceeding for the purposes of this vote DEPARTMENT OF JUSTICE Ministère de la Justice
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of th Act, to expend in the fiscal year — in order to offset in that fiscal year — revenues that it receives in that
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(a) the provision of mandatory legal services to f agencies;
(b) the provision to Crown corporations, non-fed ternational organizations of optional legal servic the Department’s mandate; and
(c) the provision of internal support services und
– The payment to each member of the Queen’s Privy a minister without portfolio, or a minister of State w a ministry of State, of a salary — paid annually or p than a year — that does not exceed the salary paid rounded down to the nearest hundred dollars unde ment of Canada Act, to ministers of State who pres – Authority to enter into commitments not exceeding year for the purposes of this vote 5
– The grants listed in any of the Estimates for the fisca – Contributions – Authority to enter into commitments not exceeding year for the purposes of this vote DEPARTMENT OF NATIONAL DEFENCE Ministère de la Défense nationale
– Operating expenditures
– Authority for total commitments, subject to allotmen of $32,271,899,276 for the purposes of Votes 1, 5 an gardless of the year in which the payment of those (of which it is estimated that $12,140,735,346 will co ture years)
– Authority, subject to the direction of the Treasury Bo expenditures or advances in respect of materials su formed on behalf of, individuals, corporations, outs departments and agencies and other governments – Authority to make payments
(a) in respect of pension, insurance and social se arrangements for employees locally engaged ou
(b) in respect of the administration of such progr cluding premiums, contributions, benefit payme ditures made in respect of such employees and the Treasury Board determines
– Authority, as referred to in paragraph 29.1(2)(a) of th Act, to expend in the fiscal year — in order to offset it incurs in that fiscal year — revenues that it receiv cluding from the provision of internal support servi that Act
– The payment to each member of the Queen’s Privy a minister without portfolio, or a minister of State w a ministry of State, of a salary — paid annually or p than a year — that does not exceed the salary paid rounded down to the nearest hundred dollars unde ment of Canada Act, to ministers of State who pres 5
– Capital expenditures
– The grants listed in any of the Estimates for the fisca which grants and contributions may include
(a) monetary payments or, in lieu of payment m (i) the provision of goods or services, or (ii) the provision of the use of facilities; and
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(b) the contributions that may be approved by th accordance with section 3 of The Defence Appro
(i) for the provision or transfer of defence equ
(ii) for the provision of services for defence p
(iii) for the provision or transfer of supplies o poses DEPARTMENT OF NATURAL RESOURCES Ministère des Ressources naturelles 1
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of th Act, to expend in the fiscal year — in order to offset in that fiscal year — revenues that it receives in that
(a) the sale of forestry and information products
(b) the issue of licences, permits and certificates and the Explosives Regulations, 2013;
(c) training and certification activities related to t ferred to in paragraph (b);
(d) research, consultation, testing, analysis and a research products as part of the departmental op
(e) the provision of internal support services und nancial Administration Act
– The payment to each member of the Queen’s Privy a minister without portfolio, or a minister of State w a ministry of State, of a salary — paid annually or p than a year — that does not exceed the salary paid rounded down to the nearest hundred dollars unde ment of Canada Act, to ministers of State who pres – Authority to enter into commitments not exceeding year for the purposes of this vote 5
– Capital expenditures – Authority to enter into commitments not exceeding year for the purposes of this vote
– The grants listed in any of the Estimates for the fisca – Contributions – Authority to enter into commitments not exceeding year for the purposes of this vote
DEPARTMENT OF PUBLIC SAFETY AND EMERGENCY Ministère de la Sécurité publique et de la Protection 1
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of th Act, to expend in the fiscal year — in order to offset it incurs in that fiscal year — revenues that it receiv ing from the provision of internal support services u Act
– The payment to each member of the Queen’s Privy a minister without portfolio, or a minister of State w a ministry of State, of a salary — paid annually or p than a year — that does not exceed the salary paid rounded down to the nearest hundred dollars unde ment of Canada Act, to ministers of State who pres – Authority to enter into commitments not exceeding year for the purposes of this vote
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Chapter 4: Appropriation Act No. 1, 2019–20 SCHEDULE 1
Vote No. 5
Items
– The grants listed in any of the Estimates for the fisca – Contributions – Authority to enter into commitments not exceeding year for the purposes of this vote
DEPARTMENT OF PUBLIC WORKS AND GOVERNMEN Ministère des Travaux publics et des Services gouv 1
– Operating expenditures for the provision of accomm central services
– Authority to make recoverable expenditures in relat the Canada Pension Plan, the Employment Insuranc erty Management Act
– Authority to expend revenues that it receives during from the provision of accommodation, common an
– Authority, as referred to in paragraph 29.1(2)(a) of th Act, to expend in the fiscal year — in order to offset in that fiscal year — revenues that it receives in that the provision of internal support services under sec
– The payment to each member of the Queen’s Privy a minister without portfolio, or a minister of State w a ministry of State, of a salary — paid annually or p than a year — that does not exceed the salary paid rounded down to the nearest hundred dollars unde ment of Canada Act, to ministers of State who pres – Authority to enter into commitments not exceeding year for the purposes of this vote 5
– Capital expenditures including expenditures on wor erty
– Authority to reimburse lessees of federal real prope for improvements authorized by the Minister of Pub ment Services – Authority to enter into commitments not exceeding year for the purposes of this vote DEPARTMENT OF THE ENVIRONMENT Ministère de l’Environnement 1
– Operating expenditures
– Authority for the Minister of the Environment to eng quired by different Boards at the remuneration that
– Authority, as referred to in paragraph 29.1(2)(a) of th Act, to expend in the fiscal year — in order to offset it incurs in that fiscal year — revenues that it receiv the provision of internal support services under sec from the provision of services, the sale of informati of entrance fees, the granting of leases or the issua thorizations, including (a) research, analysis and scientific services; (b) hydrometric surveys; (c) regulatory services;
(d) monitoring services, including monitoring se oil sands;
(e) fees for entry to federal real property or feder (f) permits; and
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(g) services in respect of federal real property or cluding the granting of surface leases to oil and suance of licences for grazing
– The payment to each member of the Queen’s Privy a minister without portfolio, or a minister of State w a ministry of State, of a salary — paid annually or p than a year — that does not exceed the salary paid rounded down to the nearest hundred dollars unde ment of Canada Act, to ministers of State who pres – Authority to enter into commitments not exceeding year for the purposes of this vote 5
– Capital expenditures
– Authority to make payments to provinces and muni towards construction done by those bodies
– Authority to make recoverable advances not exceed shares of provincial and outside agencies of the cos ing expenditures on other than federal property – Authority to enter into commitments not exceeding year for the purposes of this vote 10
– The grants listed in any of the Estimates for the fisca
– Contributions, including ones to developing countri al Fund for the Implementation of the Montreal Pro monetary payments or the provision of goods, equi – Authority to enter into commitments not exceeding year for the purposes of this vote DEPARTMENT OF TRANSPORT Ministère des Transports 1
– Operating expenditures
– Authority to make expenditures on other than feder of, or arising out of the exercise of jurisdiction in, ae
– Authority for the payment of commissions for reven Aeronautics Act
– Authority, as referred to in paragraph 29.1(2)(a) of th Act, to expend in the fiscal year — in order to offset in that fiscal year — revenues that it receives in that the provision of internal support services under sec
– The payment to each member of the Queen’s Privy a minister without portfolio, or a minister of State w a ministry of State, of a salary — paid annually or p than a year — that does not exceed the salary paid rounded down to the nearest hundred dollars unde ment of Canada Act, to ministers of State who pres – Authority to enter into commitments not exceeding year for the purposes of this vote 5
– Capital expenditures – Authority to enter into commitments not exceeding year for the purposes of this vote
Grants and contributions — Efficient Transportation Sy
– The grants listed in any of the Estimates for the fisca – Contributions – Authority to enter into commitments not exceeding year for the purposes of this vote 15
Grants and contributions — Green and Innovative Tran
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– The grants listed in any of the Estimates for the fisca – Contributions – Authority to enter into commitments not exceeding year for the purposes of this vote 20
Grants and contributions — Safe and Secure Transpor
– The grants listed in any of the Estimates for the fisca – Contributions – Authority to enter into commitments not exceeding year for the purposes of this vote DEPARTMENT OF VETERANS AFFAIRS Ministère des Anciens Combattants 1
– Operating expenditures
– Expenditures related to the upkeep of real property cluding engineering and other investigatory plannin add tangible value to the property, payment of taxe utilities
– Expenditures related to, subject to the approval of th
(a) necessary remedial work on properties const firm price contracts and sold under the Veterans V-4), to correct defects for which neither the vete may be held financially responsible; and
(b) other work on other properties that is require interest or right in those properties
– The payment to each member of the Queen’s Privy a minister without portfolio, or a minister of State w a ministry of State, of a salary — paid annually or p than a year — that does not exceed the salary paid rounded down to the nearest hundred dollars unde ment of Canada Act, to ministers of State who pres – Authority to enter into commitments not exceeding year for the purposes of this vote 5
– The grants listed in any of the Estimates for the fisca amount listed for any grant may be increased or de proval of the Treasury Board – Contributions – Authority to enter into commitments not exceeding year for the purposes of this vote
DEPARTMENT OF WESTERN ECONOMIC DIVERSIFICA Ministère de la Diversification de l’économie de l’Ou 1
– Operating expenditures
– The payment to each member of the Queen’s Privy a minister without portfolio, or a minister of State w a ministry of State, of a salary — paid annually or p than a year — that does not exceed the salary paid rounded down to the nearest hundred dollars unde ment of Canada Act, to ministers of State who pres – Authority to enter into commitments not exceeding year for the purposes of this vote 5
– The grants listed in any of the Estimates for the fisca – Contributions – Authority to enter into commitments not exceeding year for the purposes of this vote
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Items
ECONOMIC DEVELOPMENT AGENCY OF CANADA FO QUEBEC Agence de développement économique du Canada Québec 1
– Operating expenditures
– The payment to each member of the Queen’s Privy a minister without portfolio, or a minister of State w a ministry of State, of a salary — paid annually or p than a year — that does not exceed the salary paid rounded down to the nearest hundred dollars unde ment of Canada Act, to ministers of State who pres – Authority to enter into commitments not exceeding year for the purposes of this vote 5
– The grants listed in any of the Estimates for the fisca – Contributions – Authority to enter into commitments not exceeding year for the purposes of this vote
FEDERAL ECONOMIC DEVELOPMENT AGENCY FOR S Agence fédérale de développement économique po 1
– Operating expenditures – Authority to enter into commitments not exceeding year for the purposes of this vote
– The grants listed in any of the Estimates for the fisca – Contributions – Authority to enter into commitments not exceeding year for the purposes of this vote
FINANCIAL TRANSACTIONS AND REPORTS ANALYSI Centre d’analyse des opérations et déclarations fina 1
– Program expenditures – Authority to enter into commitments not exceeding year for the purposes of this vote HOUSE OF COMMONS Chambre des communes
– Program expenditures, including payments in respe Members’ constituency offices – Contributions
– Authority to expend revenues that it receives during from its activities – Authority to enter into commitments not exceeding year for the purposes of this vote
IMMIGRATION AND REFUGEE BOARD Commission de l’immigration et du statut de réfugi 1
– Program expenditures – Authority to enter into commitments not exceeding year for the purposes of this vote
INTERNATIONAL DEVELOPMENT RESEARCH CENTRE Centre de recherches pour le développement intern
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Vote No. 1
Items – Payments to the Centre – Authority to enter into commitments not exceeding year for the purposes of this vote
INTERNATIONAL JOINT COMMISSION (CANADIAN SE Commission mixte internationale (section canadien 1
– Program expenditures
– Expenses of the Canadian Section, including salarie – Expenses of studies, surveys and investigations by ternational References
– Expenses of the Commission under the Canada-Uni ter Quality Agreement – Authority to enter into commitments not exceeding year for the purposes of this vote INVEST IN CANADA HUB Investir au Canada 1
– Program expenditures – Authority to enter into commitments not exceeding year for the purposes of this vote LEADERS’ DEBATES COMMISSION Commission aux débats des chefs
– Program expenditures – Authority to enter into commitments not exceeding year for the purposes of this vote LIBRARY AND ARCHIVES OF CANADA Bibliothèque et Archives du Canada
– Operating expenditures – Contributions
– Authority, as referred to in paragraph 29.1(2)(a) of th Act, to expend in the fiscal year — in order to offset it incurs in that fiscal year — revenues that it receiv
(a) the provision of access to the collection and t als from the collection; and
(b) the provision of internal support services und – Authority to enter into commitments not exceeding year for the purposes of this vote 5
– Capital expenditures – Authority to enter into commitments not exceeding year for the purposes of this vote LIBRARY OF PARLIAMENT Bibliothèque du Parlement
– Program expenditures – Authority to expend revenues that it receives in the activities – Authority to enter into commitments not exceeding year for the purposes of this vote
2015-2016-2017-2018-2019
Chapter 4: Appropriation Act No. 1, 2019–20 SCHEDULE 1
Vote No.
Items MARINE ATLANTIC INC. Marine Atlantique S.C.C.
– Payments to the corporation in respect of the costs
– Payments to the corporation for capital expenditure
– Payments to the corporation for transportation serv transportation services between Nova Scotia and N Labrador and related vessels, terminals and infrastr – Authority to enter into commitments not exceeding year for the purposes of this vote
MILITARY GRIEVANCES EXTERNAL REVIEW COMMIT Comité externe d’examen des griefs militaires 1
– Program expenditures – Authority to enter into commitments not exceeding year for the purposes of this vote
MILITARY POLICE COMPLAINTS COMMISSION Commission d’examen des plaintes concernant la p 1
– Program expenditures – Authority to enter into commitments not exceeding year for the purposes of this vote NATIONAL ARTS CENTRE CORPORATION Société du Centre national des Arts
– Payments to the Corporation for operating expendit – Authority to enter into commitments not exceeding year for the purposes of this vote NATIONAL CAPITAL COMMISSION Commission de la capitale nationale
– Payments to the Commission for operating expendi – Authority to enter into commitments not exceeding year for the purposes of this vote
– Payments to the Commission for capital expenditure – Authority to enter into commitments not exceeding year for the purposes of this vote NATIONAL ENERGY BOARD Office national de l’énergie
– Program expenditures – Contributions
– Authority, as referred to in paragraph 29.1(2)(a) of th Act, to expend in the fiscal year — in order to offset in that fiscal year — revenues that it receives in that sion of internal support services under section 29.2 – Authority to enter into commitments not exceeding year for the purposes of this vote NATIONAL FILM BOARD Office national du film 1
– Program expenditures
2015-2016-2017-2018-2019
Chapter 4: Appropriation Act No. 1, 2019–20 SCHEDULE 1
Vote No.
Items – Authority to enter into commitments not exceeding year for the purposes of this vote NATIONAL GALLERY OF CANADA Musée des beaux-arts du Canada
– Payments to the Gallery for operating and capital ex – Authority to enter into commitments not exceeding year for the purposes of this vote
– Payments to the Gallery for the acquisition of object lated costs – Authority to enter into commitments not exceeding year for the purposes of this vote
NATIONAL MUSEUM OF SCIENCE AND TECHNOLOGY Musée national des sciences et de la technologie 1
– Payments to the Museum for operating and capital e – Authority to enter into commitments not exceeding year for the purposes of this vote NATIONAL RESEARCH COUNCIL OF CANADA Conseil national de recherches du Canada
– Operating expenditures – Authority to enter into commitments not exceeding year for the purposes of this vote
– Capital expenditures – Authority to enter into commitments not exceeding year for the purposes of this vote
– The grants listed in any of the Estimates for the fisca
– Contributions, including the provision of goods and tional Thirty Meter Telescope Observatory – Authority to enter into commitments not exceeding year for the purposes of this vote
NATURAL SCIENCES AND ENGINEERING RESEARCH Conseil de recherches en sciences naturelles et en g 1
– Operating expenditures – Authority to enter into commitments not exceeding year for the purposes of this vote
– The grants listed in any of the Estimates for the fisca – Authority to enter into commitments not exceeding year for the purposes of this vote NORTHERN PIPELINE AGENCY Administration du pipe-line du Nord
– Program expenditures – Contributions – Authority to enter into commitments not exceeding year for the purposes of this vote OFFICE OF INFRASTRUCTURE OF CANADA Bureau de l’infrastructure du Canada
2015-2016-2017-2018-2019
Chapter 4: Appropriation Act No. 1, 2019–20 SCHEDULE 1
Vote No. 1
Items – Operating expenditures – Authority to enter into commitments not exceeding year for the purposes of this vote
– Capital expenditures – Authority to enter into commitments not exceeding year for the purposes of this vote
– The grants listed in any of the Estimates for the fisca – Contributions – Authority to enter into commitments not exceeding year for the purposes of this vote OFFICE OF THE AUDITOR GENERAL Bureau du vérificateur général
– Program expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of th Act, to expend in the fiscal year — in order to offset it incurs in that fiscal year — revenues that it receiv
(a) the provision of audit professional services to Council of Legislative Auditors; and
(b) the inquiries conducted under section 11 of t – Authority to enter into commitments not exceeding year for the purposes of this vote OFFICE OF THE CHIEF ELECTORAL OFFICER Bureau du directeur général des élections 1
– Program expenditures – Authority to enter into commitments not exceeding year for the purposes of this vote
OFFICE OF THE COMMISSIONER FOR FEDERAL JUDIC Bureau du commissaire à la magistrature fédérale 1
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of th Act, to expend in the fiscal year — in order to offset in that fiscal year — revenues that it receives in that sion of administrative services and judicial training
– Remuneration, allowances and expenses for judges of the Supreme Court of Yukon, the Supreme Court ries and the Nunavut Court of Justice, not provided – Authority to enter into commitments not exceeding year for the purposes of this vote 5
– Operating expenditures — Canadian Judicial Counc – Authority to enter into commitments not exceeding year for the purposes of this vote OFFICE OF THE COMMISSIONER OF LOBBYING Commissariat au lobbying
– Program expenditures – Authority to enter into commitments not exceeding year for the purposes of this vote
2015-2016-2017-2018-2019
Chapter 4: Appropriation Act No. 1, 2019–20 SCHEDULE 1
Vote No.
Items
OFFICE OF THE COMMISSIONER OF OFFICIAL LANGU Commissariat aux langues officielles 1
– Program expenditures – Authority to enter into commitments not exceeding year for the purposes of this vote
OFFICE OF THE COMMUNICATIONS SECURITY ESTAB COMMISSIONER Bureau du commissaire du Centre de la sécurité de 1
– Program expenditures – Authority to enter into commitments not exceeding year for the purposes of this vote
OFFICE OF THE CONFLICT OF INTEREST AND ETHICS Bureau du commissaire aux conflits d’intérêts et à l 1
– Program expenditures – Authority to enter into commitments not exceeding year for the purposes of this vote
OFFICE OF THE CORRECTIONAL INVESTIGATOR OF C Bureau de l’enquêteur correctionnel du Canada 1
– Program expenditures – Authority to enter into commitments not exceeding year for the purposes of this vote
OFFICE OF THE DIRECTOR OF PUBLIC PROSECUTIONS Bureau du directeur des poursuites pénales 1
– Program expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of th Act, to expend in the fiscal year — in order to offset in that fiscal year — revenues that it receives in that
(a) the provision of prosecution and prosecution
(b) the provision to Crown corporations, non-fed ternational organizations of optional prosecution services that are consistent with the Office’s man
(c) the provision of internal support services und – Authority to enter into commitments not exceeding year for the purposes of this vote OFFICE OF THE GOVERNOR GENERAL’S SECRETARY Bureau du sécretaire du gouverneur général 1
– Program expenditures
– Expenditures incurred for former Governors Genera for their spouses, during their lifetimes and for a pe ing their deaths, in respect of the performance of ac them as a result of their having occupied the office – Authority to enter into commitments not exceeding year for the purposes of this vote OFFICE OF THE PARLIAMENTARY BUDGET OFFICER Bureau du directeur parlementaire du budget 1
– Program expenditures
2015-2016-2017-2018-2019
Chapter 4: Appropriation Act No. 1, 2019–20 SCHEDULE 1
Vote No.
Items – Authority to enter into commitments not exceeding year for the purposes of this vote
OFFICE OF THE PUBLIC SECTOR INTEGRITY COMMISS Commissariat à l’intégrité du secteur public 1
– Program expenditures – Contributions – Authority to enter into commitments not exceeding year for the purposes of this vote OFFICE OF THE SENATE ETHICS OFFICER Bureau du conseiller sénatorial en éthique
– Program expenditures – Authority to enter into commitments not exceeding year for the purposes of this vote
OFFICE OF THE SUPERINTENDENT OF FINANCIAL INS Bureau du surintendant des institutions financières 1
– Program expenditures – Authority to enter into commitments not exceeding year for the purposes of this vote
OFFICES OF THE INFORMATION AND PRIVACY COMM Commissariats à l’information et à la protection de 1
– Program expenditures — Office of the Information C – Authority to enter into commitments not exceeding year for the purposes of this vote
– Program expenditures — Office of the Privacy Comm
– Contributions — Office of the Privacy Commissioner
– Authority, as referred to in paragraph 29.1(2)(a) of th Act, to expend in the fiscal year — in order to offset it incurs in that fiscal year — revenues that it receiv the provision of internal support services under sec – Authority to enter into commitments not exceeding year for the purposes of this vote PARLIAMENTARY PROTECTIVE SERVICE Service de protection parlementaire 1
– Program expenditures
– Authority to expend revenues that it receives during from its activities – Authority to enter into commitments not exceeding year for the purposes of this vote
PAROLE BOARD OF CANADA Commission des libérations conditionnelles du Can 1
– Program expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of th Act, to expend in the fiscal year — in order to offset in that fiscal year — revenues that it receives in that sion of services to process record suspension appli victed of offences under federal Acts and regulation
2015-2016-2017-2018-2019
Chapter 4: Appropriation Act No. 1, 2019–20 SCHEDULE 1
Vote No.
Items – Authority to enter into commitments not exceeding year for the purposes of this vote
PATENTED MEDICINE PRICES REVIEW BOARD Conseil d’examen du prix des médicaments breveté 1
– Program expenditures – Authority to enter into commitments not exceeding year for the purposes of this vote PRIVY COUNCIL OFFICE Bureau du Conseil privé
– Program expenditures, including
(a) operating expenditures of Commissions of In vided for; (b) contributions in respect of costs incurred by Commissions of Inquiry; and
(c) the operation of the Prime Minister’s residenc
– Authority, as referred to in paragraph 29.1(2)(a) of th Act, to expend in the fiscal year — in order to offset it incurs in that fiscal year — revenues that it receiv
(a) the provision of intelligence analysis training
(b) the provision of internal support services und
– The payment to each member of the Queen’s Privy a minister without portfolio, or a minister of State w a ministry of State, of a salary — paid annually or p than a year — that does not exceed the salary paid rounded down to the nearest hundred dollars unde ment of Canada Act, to ministers of State who pres – Authority to enter into commitments not exceeding year for the purposes of this vote PUBLIC HEALTH AGENCY OF CANADA Agence de la santé publique du Canada 1
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of th Act, to expend in the fiscal year — in order to offset in that fiscal year — revenues that it receives in that of products, the provision of inspection services an support services under section 29.2 of that Act – Authority to enter into commitments not exceeding year for the purposes of this vote 5
– Capital expenditures – Authority to enter into commitments not exceeding year for the purposes of this vote
– The grants listed in any of the Estimates for the fisca – Contributions – Authority to enter into commitments not exceeding year for the purposes of this vote PUBLIC SERVICE COMMISSION Commission de la fonction publique
– Program expenditures
2015-2016-2017-2018-2019
Chapter 4: Appropriation Act No. 1, 2019–20 SCHEDULE 1
Vote No.
Items
– Authority, as referred to in paragraph 29.1(2)(a) of th Act, to expend in the fiscal year — in order to offset in that fiscal year — revenues that it receives in that sion of staffing, assessment and counselling service provision of internal support services under section – Authority to enter into commitments not exceeding year for the purposes of this vote REGISTRAR OF THE SUPREME COURT OF CANADA Registraire de la Cour suprême du Canada 1
– Program expenditures – Authority to enter into commitments not exceeding year for the purposes of this vote ROYAL CANADIAN MOUNTED POLICE Gendarmerie royale du Canada
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of th Act, to expend in the fiscal year — in order to offset it incurs in that fiscal year — revenues that it receiv ing from the provision of internal support services u Act – Authority to enter into commitments not exceeding year for the purposes of this vote 5
– Capital expenditures – Authority to enter into commitments not exceeding year for the purposes of this vote
– The grants listed in any of the Estimates for the fisca amount listed for any grant may be increased or de proval of the Treasury Board – Contributions – Authority to enter into commitments not exceeding year for the purposes of this vote
ROYAL CANADIAN MOUNTED POLICE EXTERNAL REV Comité externe d’examen de la Gendarmerie royale 1
– Program expenditures – Authority to enter into commitments not exceeding year for the purposes of this vote
SECRETARIAT OF THE NATIONAL SECURITY AND INT OF PARLIAMENTARIANS Secrétariat du Comité des parlementaires sur la séc renseignement 1
– Program expenditures – Authority to enter into commitments not exceeding year for the purposes of this vote
SECURITY INTELLIGENCE REVIEW COMMITTEE Comité de surveillance des activités de renseignem 1
– Program expenditures – Authority to enter into commitments not exceeding year for the purposes of this vote
2015-2016-2017-2018-2019
Chapter 4: Appropriation Act No. 1, 2019–20 SCHEDULE 1
Vote No.
Items SENATE Sénat
– Program expenditures, including payments in respe Senators’ offices and an allowance in lieu of residen Senate – Contributions
– Authority to expend revenues that it receives during from its activities – Authority to enter into commitments not exceeding year for the purposes of this vote SHARED SERVICES CANADA Services partagés Canada 1
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of th Act, to expend in the fiscal year — in order to offset in that fiscal year from the provision of information the Shared Services Canada Act — revenues that it from the provision of those services – Authority to enter into commitments not exceeding year for the purposes of this vote 5
– Capital expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of th Act, to expend in the fiscal year — in order to offset it incurs in that fiscal year — revenues that it receiv the provision of information technology services un Canada Act – Authority to enter into commitments not exceeding year for the purposes of this vote
SOCIAL SCIENCES AND HUMANITIES RESEARCH COU Conseil de recherches en sciences humaines 1
– Operating expenditures – Authority to enter into commitments not exceeding year for the purposes of this vote
– The grants listed in any of the Estimates for the fisca – Authority to enter into commitments not exceeding year for the purposes of this vote STANDARDS COUNCIL OF CANADA Conseil canadien des normes
– Payments to the Council that are referred to in parag Council of Canada Act – Authority to enter into commitments not exceeding year for the purposes of this vote STATISTICS CANADA Statistique Canada
– Program expenditures
– The grants listed in any of the Estimates for the fisca
– Authority, as referred to in paragraph 29.1(2)(a) of th Act, to expend in the fiscal year — in order to offset
2015-2016-2017-2018-2019
Chapter 4: Appropriation Act No. 1, 2019–20 SCHEDULE 1
Vote No.
Items
it incurs in that fiscal year — revenues that it receiv ing from the provision of internal support services u Act – Authority to enter into commitments not exceeding year for the purposes of this vote TELEFILM CANADA Téléfilm Canada 1
– Payments to the corporation to be used for the purp Canada Act – Authority to enter into commitments not exceeding year for the purposes of this vote
THE JACQUES-CARTIER AND CHAMPLAIN BRIDGES IN Les Ponts Jacques-Cartier et Champlain Inc. 1
– Payments to the corporation to be applied in payme penditures over its revenues (exclusive of depreciat and reserves) in the operation of the Jacques-Cartie the Champlain Bridge Ice Control Structure, the Me des-Soeurs Bypass Bridge and the federal sections Bridge and of the Bonaventure Expressway – Authority to enter into commitments not exceeding year for the purposes of this vote THE NATIONAL BATTLEFIELDS COMMISSION Commission des champs de bataille nationaux
– Program expenditures – Authority to enter into commitments not exceeding year for the purposes of this vote TREASURY BOARD SECRETARIAT Secrétariat du Conseil du Trésor
– Program expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of th Act, to expend in the fiscal year — in order to offset in that fiscal year — revenues that it receives in that sion of internal support services under section 29.2 other activities
– The payment to each member of the Queen’s Privy a minister without portfolio, or a minister of State w a ministry of State, of a salary — paid annually or p than a year — that does not exceed the salary paid rounded down to the nearest hundred dollars unde ment of Canada Act, to ministers of State who pres – Authority to enter into commitments not exceeding year for the purposes of this vote 5
Government Contingencies
– Authority granted to the Treasury Board to supplem tion
– Authority granted to the Treasury Board to provide or unforeseen expenditures not otherwise provided vision of new grants and contributions or for increa grants listed in any of the Estimates for the fiscal ye penditures are within the legal mandate of the depa tions for which they are made
2015-2016-2017-2018-2019
Chapter 4: Appropriation Act No. 1, 2019–20 SCHEDULE 1
Vote No.
Items
– Authority to reuse any sums allotted and repaid to t er appropriations 10
Government-wide Initiatives
– Authority granted to the Treasury Board to supplem tion for the fiscal year in support of the implementa ment initiatives in the federal public administration 20
Public Service Insurance
– Payments, in respect of insurance, pension or benefi rangements, or in respect of the administration of s ments, including premiums, contributions, benefits tures made in respect of the federal public administ and in respect of any other persons that the Treasu
– Authority to expend any revenues or other amounts of insurance, pension or benefit programs or other
(a) to offset premiums, contributions, benefits, fe in respect of those programs or arrangements; a
(b) to provide for the return to eligible employee under subsection 96(3) of the Employment Insur – Authority to enter into commitments not exceeding year for the purposes of this vote 25
Operating Budget Carry Forward
– Authority granted to the Treasury Board to supplem tion for the fiscal year by reason of the operating bu the previous fiscal year 30
Paylist Requirements
– Authority granted to the Treasury Board to supplem tion for the fiscal year for
(a) requirements related to parental and materni
(b) entitlements on cessation of service or emplo
(c) adjustments that have not been provided from Adjustments, made to terms and conditions of s the federal public administration, including the R Police, as well as of members of the Canadian Fo 35
Capital Budget Carry Forward
– Authority granted to the Treasury Board to supplem tion for the fiscal year by reason of the capital budg previous fiscal year
VETERANS REVIEW AND APPEAL BOARD Tribunal des anciens combattants (révision et appe 1
– Program expenditures – Authority to enter into commitments not exceeding year for the purposes of this vote VIA RAIL CANADA INC. VIA Rail Canada Inc.
– Payments to the corporation in respect of the costs
– Payments to the corporation for capital expenditure
– Payments to the corporation for the provision of rail Canada in accordance with contracts entered into p (c)(i) of Transport Vote 52d, Appropriation Act No. 1 – Authority to enter into commitments not exceeding year for the purposes of this vote
2015-2016-2017-2018-2019
Chapter 4: Appropriation Act No. 1, 2019–20 SCHEDULE 1
Vote No.
Items WINDSOR-DETROIT BRIDGE AUTHORITY Autorité du pont Windsor-Détroit
– Payments to the Authority for the discharge of its m Letters Patent and the Canada-Michigan Crossing A – Authority to enter into commitments not exceeding year for the purposes of this vote
2015-2016-2017-2018-2019
Chapter 4: Appropriation Act No. 1, 2019–20 SCHEDULE 1 (French)
ANNEXE 1 D’après le Budget provisoire des dépenses 2019-2020, la somme postes figurant à la présente annexe.
Sommes accordées par la présente loi à Sa Majesté pour l’exercice dées. No du crédit
Postes ADMINISTRATION CANADIENNE DE LA SÛRETÉ DU Canadian Air Transport Security Authority
– Paiements à l’Administration pour les dépenses de penses en capital – Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 586 860 294 ADMINISTRATION DU PIPE-LINE DU NORD Northern Pipeline Agency
– Dépenses du programme – Contributions – Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 1 055 000 $
AGENCE CANADIENNE DE DÉVELOPPEMENT ÉCONO Canadian Northern Economic Development Agenc 1
– Dépenses de fonctionnement
– Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 14 527 629 $ 5
– Subventions inscrites à tout budget des dépenses – Contributions
– Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 34 270 717 $
AGENCE CANADIENNE D’ÉVALUATION ENVIRONNE Canadian Environmental Assessment Agency 1
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la L nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re celui-ci qui proviennent de ce qui suit :
a) la réalisation d’évaluations environnemental b) la formation; c) la prestation de services de soutien internes cette loi.
– Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 61 512 120 $ 5
– Subventions inscrites à tout budget des dépenses – Contributions
– Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 14 525 184 $
AGENCE CANADIENNE D’INSPECTION DES ALIMENT Canadian Food Inspection Agency 1
– Dépenses de fonctionnement
2015-2016-2017-2018-2019
Chapter 4: Appropriation Act No. 1, 2019–20 SCHEDULE 1 (French)
No du crédit
Postes – Subventions inscrites à tout budget des dépenses – Contributions – Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 516 330 207
– Dépenses en capital
– Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 19 879 327 $
AGENCE DE DÉVELOPPEMENT ÉCONOMIQUE DU CA RÉGIONS DU QUÉBEC Economic Development Agency of Canada for the 1
– Dépenses de fonctionnement
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’ d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un payable annuellement ou au prorata pour toute pé arrondi à la centaine de dollars inférieure en applic Loi sur le Parlement du Canada
– Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 39 352 146 $ 5
– Subventions inscrites à tout budget des dépenses – Contributions – Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 251 772 967 AGENCE DE LA SANTÉ PUBLIQUE DU CANADA Public Health Agency of Canada
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la L nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re celui-ci qui proviennent de la vente de produits, de d’inspection et de la prestation de services de sout l’article 29.2 de cette loi – Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 323 187 781 5
– Dépenses en capital – Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 7 752 500 $
– Subventions inscrites à tout budget des dépenses – Contributions – Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 233 013 735
AGENCE DE PROMOTION ÉCONOMIQUE DU CANAD Atlantic Canada Opportunities Agency 1
– Dépenses de fonctionnement
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’ d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un
2015-2016-2017-2018-2019
Chapter 4: Appropriation Act No. 1, 2019–20 SCHEDULE 1 (French)
No du crédit
Postes
payable annuellement ou au prorata pour toute pé arrondi à la centaine de dollars inférieure en applic Loi sur le Parlement du Canada
– Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 65 905 491 $ 5
– Subventions inscrites à tout budget des dépenses – Contributions – Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 234 363 563
AGENCE FÉDÉRALE DE DÉVELOPPEMENT ÉCONOMI L’ONTARIO Federal Economic Development Agency for South 1
– Dépenses de fonctionnement
– Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 29 201 373 $ 5
– Subventions inscrites à tout budget des dépenses – Contributions – Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 169 760 252 AGENCE SPATIALE CANADIENNE Canadian Space Agency
– Dépenses de fonctionnement – Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 181 393 741
– Dépenses en capital
– Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 78 547 200 $ 10
– Subventions inscrites à tout budget des dépenses – Contributions
– Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 58 696 000 $ AUTORITÉ DU PONT WINDSOR-DÉTROIT Windsor-Detroit Bridge Authority 1
– Paiements à l’Autorité pour l’exécution de son man lettres patentes et à l’Accord sur le passage Canad – Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 802 476 546 BIBLIOTHÈQUE DU PARLEMENT Library of Parliament
– Dépenses du programme
– Autorisation de dépenser les recettes perçues au c viennent de ses activités
– Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 45 707 087 $ BIBLIOTHÈQUE ET ARCHIVES DU CANADA Library and Archives of Canada
2015-2016-2017-2018-2019
Chapter 4: Appropriation Act No. 1, 2019–20 SCHEDULE 1 (French)
No du crédit 1
Postes – Dépenses de fonctionnement – Contributions
– Autorisation, au titre du paragraphe 29.1(2) de la L nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer au cours de celui-ci qui proviennent de ce qui suit
a) les droits d’accès à la collection et les frais de de celle-ci; b) la prestation de services de soutien internes cette loi. – Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 100 671 964 5
– Dépenses en capital
– Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 47 317 641 $
BUREAU CANADIEN D’ENQUÊTE SUR LES ACCIDENT LA SÉCURITÉ DES TRANSPORTS Canadian Transportation Accident Investigation an 1
– Dépenses du programme
– Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 29 583 448 $
BUREAU DE L’ENQUÊTEUR CORRECTIONNEL DU CA Office of the Correctional Investigator of Canada 1
– Dépenses du programme – Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 4 735 703 $ BUREAU DE L’INFRASTRUCTURE DU CANADA Office of Infrastructure of Canada
– Dépenses de fonctionnement – Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 107 937 673
– Dépenses en capital – Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 527 056 634
– Subventions inscrites à tout budget des dépenses – Contributions
– Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 5 203 781 71
BUREAU DU COMMISSAIRE À LA MAGISTRATURE F Office of the Commissioner for Federal Judicial Af 1
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la L nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re celui-ci qui proviennent de la prestation de service mation judiciaire
– Traitements, indemnités et dépenses pour les juge joints de la Cour suprême du Yukon, de la Cour su
2015-2016-2017-2018-2019
Chapter 4: Appropriation Act No. 1, 2019–20 SCHEDULE 1 (French)
No du crédit
Postes
Nord-Ouest et de la Cour de justice du Nunavut, no les juges – Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 9 395 770 $ 5
– Dépenses de fonctionnement — Conseil canadien d – Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 4 063 869 $
BUREAU DU COMMISSAIRE AUX CONFLITS D’INTÉR Office of the Conflict of Interest and Ethics Commi 1
– Dépenses du programme – Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 6 355 513 $
BUREAU DU COMMISSAIRE DU CENTRE DE LA SÉCU TÉLÉCOMMUNICATIONS Office of the Communications Security Establishm 1
– Dépenses du programme – Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 1 974 788 $
BUREAU DU CONSEILLER SÉNATORIAL EN ÉTHIQUE Office of the Senate Ethics Officer 1
– Dépenses du programme – Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 1 231 278 $ BUREAU DU CONSEIL PRIVÉ Privy Council Office
– Dépenses du programme, y compris :
a) les dépenses de fonctionnement des commis vues; b) les contributions relatives aux frais engagés raissant devant des commissions d’enquête;
c) le fonctionnement de la résidence du premie
– Autorisation, au titre du paragraphe 29.1(2) de la L nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer au cours de celui-ci qui proviennent de ce qui suit
a) la formation en matière d’analyse du renseig b) la prestation de services de soutien internes cette loi.
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’ d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un payable annuellement ou au prorata pour toute pé arrondi à la centaine de dollars inférieure en applic Loi sur le Parlement du Canada – Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 162 896 126
2015-2016-2017-2018-2019
Chapter 4: Appropriation Act No. 1, 2019–20 SCHEDULE 1 (French)
No du crédit
Postes
BUREAU DU DIRECTEUR DES POURSUITES PÉNALES Office of the Director of Public Prosecutions 1
– Dépenses du programme
– Autorisation, au titre du paragraphe 29.1(2) de la L nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re celui-ci qui proviennent de ce qui suit :
a) les services de poursuites et les services con
b) les services de poursuites et les services con mandat du Bureau — fournis de manière facult et à des organisations non fédérales ou interna
c) les services de soutien internes fournis en ve loi. – Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 199 176 642 BUREAU DU DIRECTEUR GÉNÉRAL DES ÉLECTIONS Office of the Chief Electoral Officer 1
– Dépenses du programme
– Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 39 217 905 $
BUREAU DU DIRECTEUR PARLEMENTAIRE DU BUDG Office of the Parliamentary Budget Officer 1
– Dépenses du programme – Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 7 016 482 $
BUREAU DU SECRÉTAIRE DU GOUVERNEUR GÉNÉR Office of the Governor General’s Secretary 1
– Dépenses du programme
– Dépenses relatives aux anciens gouverneurs génér tives à leur conjoint, durant leur vie et pendant les cès, en lien avec l’exercice des attributions qui leu leurs fonctions de gouverneur général
– Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 19 918 532 $
BUREAU DU SURINTENDANT DES INSTITUTIONS FIN Office of the Superintendent of Financial Institution 1
– Dépenses du programme – Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 1 073 489 $ BUREAU DU VÉRIFICATEUR GÉNÉRAL Office of the Auditor General
– Dépenses du programme
– Autorisation, au titre du paragraphe 29.1(2) de la L nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer au cours de celui-ci qui proviennent de ce qui suit
a) les services professionnels de vérification au nadien des vérificateurs législatifs;
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b) les enquêtes effectuées au titre de l’article 11 général.
– Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 80 744 524 $
CENTRE CANADIEN D’HYGIÈNE ET DE SÉCURITÉ AU Canadian Centre for Occupational Health and Safe 1
– Dépenses du programme – Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 4 117 347 $
CENTRE D’ANALYSE DES OPÉRATIONS ET DÉCLARA CANADA Financial Transactions and Reports Analysis Centr 1
– Dépenses du programme
– Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 46 229 624 $
CENTRE DE LA SÉCURITÉ DES TÉLÉCOMMUNICATIO Communications Security Establishment 1
– Dépenses du programme
– Autorisation, au titre du paragraphe 29.1(2) de la L nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re celui-ci qui proviennent de ses activités, notamme de soutien internes en vertu de l’article 29.2 de cet – Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 681 103 733
CENTRE DE RECHERCHES POUR LE DÉVELOPPEMEN International Development Research Centre 1
– Paiements au Centre – Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 142 907 117 CHAMBRE DES COMMUNES House of Commons
– Dépenses du programme, notamment les paiemen des bureaux de circonscription des députés – Contributions
– Autorisation de dépenser les recettes perçues au c viennent de ses activités – Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 377 710 636
COMITÉ DE SURVEILLANCE DES ACTIVITÉS DE RENS SÉCURITÉ Security Intelligence Review Committee 1
– Dépenses du programme – Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 4 629 028 $
2015-2016-2017-2018-2019
Chapter 4: Appropriation Act No. 1, 2019–20 SCHEDULE 1 (French)
No du crédit
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COMITÉ EXTERNE D’EXAMEN DE LA GENDARMERIE Royal Canadian Mounted Police External Review C 1
– Dépenses du programme – Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 3 076 946 $
COMITÉ EXTERNE D’EXAMEN DES GRIEFS MILITAIR Military Grievances External Review Committee 1
– Dépenses du programme – Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 6 181 230 $
COMMISSARIAT À L’INTÉGRITÉ DU SECTEUR PUBLI Office of the Public Sector Integrity Commissioner 1
– Dépenses du programme – Contributions – Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 4 982 609 $ COMMISSARIAT AU LOBBYING Office of the Commissioner of Lobbying
– Dépenses du programme – Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 4 406 633 $ COMMISSARIAT AUX LANGUES OFFICIELLES Office of the Commissioner of Official Languages
– Dépenses du programme
– Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 19 133 760 $
COMMISSARIATS À L’INFORMATION ET À LA PROTE DU CANADA Offices of the Information and Privacy Commission 1
– Dépenses du programme — Commissariat à l’infor
– Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 10 209 556 $ 5
– Dépenses du programme — Commissariat à la pro
– Contributions — Commissariat à la protection de la
– Autorisation, au titre du paragraphe 29.1(2) de la L nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer au cours de celui-ci qui proviennent de la prestatio internes en vertu de l’article 29.2 de cette loi
– Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 22 168 802 $ COMMISSION AUX DÉBATS DES CHEFS Leaders’ Debates Commission 1
– Dépenses du programme – Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 4 520 775 $
2015-2016-2017-2018-2019
Chapter 4: Appropriation Act No. 1, 2019–20 SCHEDULE 1 (French)
No du crédit
Postes
COMMISSION CANADIENNE DES DROITS DE LA PER Canadian Human Rights Commission 1
– Dépenses du programme
– Autorisation, au titre du paragraphe 29.1(2) de la L nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer au cours de celui-ci qui proviennent de la prestatio internes en vertu de l’article 29.2 de cette loi
– Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 21 181 988 $ COMMISSION CANADIENNE DES GRAINS Canadian Grain Commission 1
– Dépenses du programme – Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 4 846 955 $
COMMISSION CANADIENNE DE SÛRETÉ NUCLÉAIRE Canadian Nuclear Safety Commission 1
– Dépenses du programme – Subventions inscrites à tout budget des dépenses – Contributions
– Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 39 136 248 $ COMMISSION CANADIENNE DU LAIT Canadian Dairy Commission 1
– Dépenses du programme – Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 3 772 890 $ COMMISSION CANADIENNE DU TOURISME Canadian Tourism Commission
– Paiements à la Commission
– Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 95 665 913 $
COMMISSION CIVILE D’EXAMEN ET DE TRAITEMENT RELATIVES À LA GENDARMERIE ROYALE DU CAN Civilian Review and Complaints Commission for th Mounted Police 1
– Dépenses du programme – Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 9 700 400 $ COMMISSION DE LA CAPITALE NATIONALE National Capital Commission
– Paiements à la Commission pour les dépenses de f
– Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 73 809 724 $ 5
– Paiements à la Commission pour les dépenses en c
2015-2016-2017-2018-2019
Chapter 4: Appropriation Act No. 1, 2019–20 SCHEDULE 1 (French)
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– Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 62 452 816 $ COMMISSION DE LA FONCTION PUBLIQUE Public Service Commission 1
– Dépenses du programme
– Autorisation, au titre du paragraphe 29.1(2) de la L nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re celui-ci qui proviennent de la fourniture de produit d’évaluation et de counseling et de la prestation de ternes en vertu de l’article 29.2 de cette loi
– Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 88 307 538 $
COMMISSION DE L’IMMIGRATION ET DU STATUT D Immigration and Refugee Board 1
– Dépenses du programme – Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 148 584 137
COMMISSION DES CHAMPS DE BATAILLE NATIONA The National Battlefields Commission 1
– Dépenses du programme – Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 6 982 283 $
COMMISSION DES LIBÉRATIONS CONDITIONNELLES Parole Board of Canada 1
– Dépenses du programme
– Autorisation, au titre du paragraphe 29.1(2) de la L nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re celui-ci qui proviennent de la prestation de service demandes de suspension du casier présentées par nées pour des infractions à des lois ou règlements
– Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 47 422 198 $
COMMISSION D’EXAMEN DES PLAINTES CONCERNA Military Police Complaints Commission 1
– Dépenses du programme – Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 4 320 051 $ COMMISSION DU DROIT D’AUTEUR Copyright Board
– Dépenses du programme – Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 3 781 533 $
COMMISSION MIXTE INTERNATIONALE (SECTION C International Joint Commission (Canadian Section
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Chapter 4: Appropriation Act No. 1, 2019–20 SCHEDULE 1 (French)
No du crédit 1
Postes – Dépenses du programme
– Dépenses de la section canadienne, y compris les t
– Dépenses relatives aux études, enquêtes et relevés sion en vertu du mandat international qui lui est co
– Dépenses faites par la Commission en vertu de l’A États-Unis relatif à la qualité de l’eau dans les Gran – Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 9 726 454 $ CONSEIL CANADIEN DES NORMES Standards Council of Canada 1
– Paiements au Conseil au titre de l’alinéa 5a) de la L des normes
– Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 17 910 000 $
CONSEIL DE LA RADIODIFFUSION ET DES TÉLÉCOM CANADIENNES Canadian Radio-television and Telecommunication 1
– Dépenses du programme
– Autorisation, au titre du paragraphe 29.1(2) de la L nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re celui-ci au titre du Règlement de 2010 sur les droit du Règlement de 1997 sur les droits de licence de ment sur les droits relatifs aux télécommunication cadre de ses autres activités, jusqu’à concurrence par le Conseil du Trésor
– Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 57 546 075 $
CONSEIL DE RECHERCHES EN SCIENCES HUMAINES Social Sciences and Humanities Research Council 1
– Dépenses de fonctionnement
– Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 35 100 061 $ 5
– Subventions inscrites à tout budget des dépenses – Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 884 037 003
CONSEIL DE RECHERCHES EN SCIENCES NATURELL Natural Sciences and Engineering Research Counc 1
– Dépenses de fonctionnement
– Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 53 905 016 $ 5
– Subventions inscrites à tout budget des dépenses
– Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 1 296 774 97 CONSEIL DES ARTS DU CANADA Canada Council for the Arts 1
– Paiements au Conseil devant servir aux fins généra la Loi sur le Conseil des Arts du Canada
2015-2016-2017-2018-2019
Chapter 4: Appropriation Act No. 1, 2019–20 SCHEDULE 1 (French)
No du crédit
Postes – Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 327 644 295
CONSEIL D’EXAMEN DU PRIX DES MÉDICAMENTS B Patented Medicine Prices Review Board 1
– Dépenses du programme
– Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 15 333 767 $ CONSEIL NATIONAL DE RECHERCHES DU CANADA National Research Council of Canada 1
– Dépenses de fonctionnement – Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 418 819 567
– Dépenses en capital
– Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 55 770 000 $ 10
– Subventions inscrites à tout budget des dépenses
– Contributions, y compris la fourniture de biens et d toire international du Télescope de trente mètres – Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 448 814 193 ÉCOLE DE LA FONCTION PUBLIQUE DU CANADA Canada School of Public Service 1
– Dépenses du programme
– Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 63 477 818 $ ÉNERGIE ATOMIQUE DU CANADA LIMITÉE Atomic Energy of Canada Limited 1
– Paiements à la société pour les dépenses de foncti en capital
– Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 1 197 282 02 GENDARMERIE ROYALE DU CANADA Royal Canadian Mounted Police 1
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la L nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer au cours de celui-ci qui proviennent notamment de de soutien internes en vertu de l’article 29.2 de cet
– Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 4 135 998 85 5
– Dépenses en capital – Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 248 693 417
– Subventions inscrites à tout budget des dépenses prévu pour chaque subvention pouvant être modifi bation du Conseil du Trésor
2015-2016-2017-2018-2019
Chapter 4: Appropriation Act No. 1, 2019–20 SCHEDULE 1 (French)
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Postes – Contributions – Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 286 473 483 INSTITUTS DE RECHERCHE EN SANTÉ DU CANADA Canadian Institutes of Health Research
– Dépenses de fonctionnement
– Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 57 630 344 $ 5
– Subventions inscrites à tout budget des dépenses
– Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 1 108 128 20 INVESTIR AU CANADA Invest in Canada Hub 1
– Dépenses du programme
– Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 36 056 589 $
LES PONTS JACQUES-CARTIER ET CHAMPLAIN INC. The Jacques-Cartier and Champlain Bridges Inc. 1
– Paiements à la société à affecter au paiement de l’e ses revenus, exception faite de l’amortissement de réserves, relativement à l’exploitation des ponts Ja plain, de l’estacade du pont Champlain, du tunnel contournement de l’Île-des-Sœurs et des tronçons Mercier et de l’autoroute Bonaventure – Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 296 580 451 MARINE ATLANTIQUE S.C.C. Marine Atlantic Inc.
– Paiements à la société pour les dépenses liées à sa
– Paiements à la société pour les dépenses en capita
– Paiements à la société pour les services de transpo de transport maritime entre la Nouvelle-Écosse et et les navires, terminaux et infrastructures connex – Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 152 904 000
MINISTÈRE DE LA CITOYENNETÉ ET DE L’IMMIGRAT Department of Citizenship and Immigration 1
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la L nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice pour dans le cadre du programme « Expérience interna cettes perçues au cours de cet exercice qui provien ces services
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’ d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un
2015-2016-2017-2018-2019
Chapter 4: Appropriation Act No. 1, 2019–20 SCHEDULE 1 (French)
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payable annuellement ou au prorata pour toute pé arrondi à la centaine de dollars inférieure en applic Loi sur le Parlement du Canada – Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 806 928 965 5
– Dépenses en capital
– Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 20 291 997 $ 10
– Subventions inscrites à tout budget des dépenses
– Contributions, y compris la fourniture de biens et d
– Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 1 488 345 12 MINISTÈRE DE LA DÉFENSE NATIONALE Department of National Defence 1
– Dépenses de fonctionnement
– Autorisation de contracter, sous réserve d’affectati des engagements totalisant 32 271 899 276 $ à l’ég du ministère, quelle que soit l’année au cours de la paiement afférent à l’un ou l’autre de ces engagem qu’une tranche de 12 140 735 346 $ deviendra pay nir)
– Autorisation de faire des dépenses ou des avances des directives du Conseil du Trésor, à l’égard du m liers, des sociétés, des organismes extérieurs, d’au nismes fédéraux et d’autres administrations, ou de nom
– Autorisation d’effectuer des paiements dans le cad
a) de programmes de pension, d’assurance et d d’autres ententes pour les employés recrutés su Canada;
b) de l’administration de ces programmes ou e primes, contributions, avantages, frais et autres les employés recrutés sur place à l’extérieur du personnes déterminées par le Conseil du Tréso
– Autorisation, au titre du paragraphe 29.1(2) de la L nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer au cours de celui-ci qui proviennent notamment de de soutien internes en vertu de l’article 29.2 de cet
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’ d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un payable annuellement ou au prorata pour toute pé arrondi à la centaine de dollars inférieure en applic Loi sur le Parlement du Canada 5
– Dépenses en capital
– Subventions inscrites à tout budget des dépenses tions, y compris :
a) les montants versés à un bénéficiaire ou ce q pour : (i) la fourniture de biens ou de services, (ii) l’utilisation d’installations;
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b) les contributions pouvant être approuvées p conseil, aux termes de l’article 3 de la Loi de 19 fense, pour :
(i) l’acquisition ou le transfert d’équipement
(ii) la fourniture de services aux fins de défe
(iii) l’acquisition ou le transfert de fourniture de défense.
MINISTÈRE DE LA DIVERSIFICATION DE L’ÉCONOMIE Department of Western Economic Diversification 1
– Dépenses de fonctionnement
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’ d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un payable annuellement ou au prorata pour toute pé arrondi à la centaine de dollars inférieure en applic Loi sur le Parlement du Canada
– Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 37 981 906 $ 5
– Subventions inscrites à tout budget des dépenses – Contributions – Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 184 541 630
MINISTÈRE DE L’AGRICULTURE ET DE L’AGROALIME Department of Agriculture and Agri-Food 1
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la L nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re celui-ci qui proviennent de ce qui suit :
a) les ententes de recherche concertée et les se
b) l’administration du programme « Agri-stabili c) la prestation de services de soutien internes cette loi.
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’ d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un payable annuellement ou au prorata pour toute pé arrondi à la centaine de dollars inférieure en applic Loi sur le Parlement du Canada – Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 610 522 434 5
– Dépenses en capital
– Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 40 505 291 $ 10
– Subventions inscrites à tout budget des dépenses – Contributions – Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 418 975 000
2015-2016-2017-2018-2019
Chapter 4: Appropriation Act No. 1, 2019–20 SCHEDULE 1 (French)
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Postes MINISTÈRE DE LA JUSTICE Department of Justice
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la L nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re celui-ci qui proviennent de ce qui suit :
a) les services juridiques fournis de manière ob organismes fédéraux;
b) les services juridiques — conformes au man de manière facultative à des sociétés d’État et à dérales ou internationales;
c) les services de soutien internes fournis en ve loi.
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’ d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un payable annuellement ou au prorata pour toute pé arrondi à la centaine de dollars inférieure en applic Loi sur le Parlement du Canada – Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 570 378 245 5
– Subventions inscrites à tout budget des dépenses – Contributions – Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 398 195 319 MINISTÈRE DE LA SANTÉ Department of Health
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la L nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re celui-ci qui proviennent de ce qui suit :
a) la prestation de services – ou la vente de pro santé, au bien-être et aux activités de réglemen b) la prestation de services de soutien internes cette loi.
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’ d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un payable annuellement ou au prorata pour toute pé arrondi à la centaine de dollars inférieure en applic Loi sur le Parlement du Canada – Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 873 522 317 5
– Dépenses en capital
– Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 18 135 187 $ 10
– Subventions inscrites à tout budget des dépenses
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– Contributions, sous forme de paiements en argent ou de services
– Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 1 551 678 83
MINISTÈRE DE LA SÉCURITÉ PUBLIQUE ET DE LA PR Department of Public Safety and Emergency Prepa 1
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la L nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer au cours de celui-ci qui proviennent notamment de de soutien internes en vertu de l’article 29.2 de cet
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’ d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un payable annuellement ou au prorata pour toute pé arrondi à la centaine de dollars inférieure en applic Loi sur le Parlement du Canada – Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 132 835 974 5
– Subventions inscrites à tout budget des dépenses – Contributions – Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 597 655 353
MINISTÈRE DE L’EMPLOI ET DU DÉVELOPPEMENT S Department of Employment and Social Developme 1
– Dépenses de fonctionnement
– Autorisation d’effectuer des dépenses recouvrable gime de pensions du Canada et de la Loi sur l’assu
– Autorisation, au titre du paragraphe 29.1(2) de la L nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer au cours de celui-ci qui proviennent de ce qui suit
a) les services visant à aider les provinces à adm provinciaux financés aux termes des ententes s marché du travail;
b) les services de soutien internes fournis en ve loi;
c) tout montant facturé à une société d’État en v Loi sur l’indemnisation des agents de l’État en l pour les recours par subrogation pour les socié
d) la portion des coûts de litige découlant des r mandes de réclamation auprès de tiers pour les nismes faits en vertu de la Loi sur l’indemnisati
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’ d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un payable annuellement ou au prorata pour toute pé arrondi à la centaine de dollars inférieure en applic Loi sur le Parlement du Canada
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– Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 2 249 241 40 5
– Subventions inscrites à tout budget des dépenses – Contributions
– Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 2 728 809 48 MINISTÈRE DE L’ENVIRONNEMENT Department of the Environment 1
– Dépenses de fonctionnement
– Autorisation au ministre de l’Environnement d’eng dont les commissions peuvent avoir besoin et vers ments déterminés par celles-ci
– Autorisation, au titre du paragraphe 29.1(2) de la L nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer au cours de celui-ci qui proviennent de la prestatio internes en vertu de lʼarticle 29.2 de cette loi et de de la vente de produits d’information, de la percep de l’octroi de baux, de licences ou d’autres autoris
a) les services de recherche, les services d’anal fiques; b) les relevés hydrologiques; c) les services de réglementation;
d) les services de surveillance, notamment les a sables bitumineux;
e) les droits d’accès à des biens immeubles féd fédéraux; f) les permis;
g) les services relatifs à des biens immeubles fé fédéraux, notamment l’octroi de baux de surfac lières et gazières et l’octroi de licences autorisa
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’ d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un payable annuellement ou au prorata pour toute pé arrondi à la centaine de dollars inférieure en applic Loi sur le Parlement du Canada – Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 919 808 041 5
– Dépenses en capital
– Autorisation de faire des paiements aux provinces de contributions aux travaux de construction entre tions
– Autorisation de faire des avances recouvrables ne frais de projets conjoints assumée par des organis ganismes de l’extérieur, y compris les dépenses fa n’appartenant pas au gouvernement fédéral
– Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 82 322 680 $ 10
– Subventions inscrites à tout budget des dépenses
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– Contributions, y compris celles aux pays en dévelo tilatéral pour l’application du Protocole de Montréa ments en argent ou de fourniture de biens, d’équip – Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 787 558 681 MINISTÈRE DE L’INDUSTRIE Department of Industry 1
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la L nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re celui-ci qui proviennent de ce qui suit :
a) la prestation de services de soutien internes cette loi et de services de soutien internes à l’O lectuelle du Canada;
b) les activités liées aux recherches sur les com recherches sur les communications;
c) les services et la procédure d’insolvabilité, au et l’insolvabilité, au Bureau du surintendant des
d) les activités de Corporations Canada au titre les sociétés par actions, de la Loi sur les chamb canadienne sur les coopératives et de la Loi can tions à but non lucratif;
e) les services et la procédure réglementaire au pour les fusions et toute chose s’y rapportant, y ables à une fusion, les certificats de décision pr tatifs au titre de la Loi sur la concurrence.
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’ d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un payable annuellement ou au prorata pour toute pé arrondi à la centaine de dollars inférieure en applic Loi sur le Parlement du Canada – Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 558 273 562 5
– Dépenses en capital – Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 6 683 000 $
– Subventions inscrites à tout budget des dépenses – Contributions
– Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 1 985 423 36 L15
– Paiements effectués en vertu du paragraphe 14(2) l’Industrie – Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 300 000 $
L20
– Prêts effectués en vertu de l’alinéa 14(1)a) de la Loi trie – Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 500 000 $
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MINISTÈRE DES AFFAIRES ÉTRANGÈRES, DU COMM DÉVELOPPEMENT Department of Foreign Affairs, Trade and Develop 1
– Dépenses de fonctionnement, y compris celles liée sentants du Canada à l’étranger, à leur personnel e par le gouvernement canadien au personnel d’org
– Autorisation de faire des avances recouvrables à d naux jusqu’à concurrence de la valeur des actions ganismes
– Dépenses relatives aux locaux de l’Organisation de nale
– Autorisation d’effectuer des dépenses recouvrable résidents canadiens domiciliés à l’extérieur du Can ficulté à l’étranger, y compris leurs personnes à ch personnes
– Autorisation, au titre du paragraphe 29.1(2) de la L nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer au cours de celui-ci qui proviennent de ce qui suit a) les foires commerciales et éducatives; b) les publications ministérielles; c) la prestation des services suivants :
(i) la formation offerte par l’Institut canadien
(ii) les missions commerciales et autres serv commerce international,
(iii) les services de développement des inves
(iv) les services de télécommunication intern
(v) les autres services fournis à l’étranger à d nismes, sociétés d’État et autres organisatio (vi) les services consulaires spécialisés.
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’ d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un payable annuellement ou au prorata pour toute pé arrondi à la centaine de dollars inférieure en applic Loi sur le Parlement du Canada
– Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 1 790 718 06 5
– Dépenses en capital – Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 103 090 143
– Subventions inscrites à tout budget des dépenses
– Contributions, y compris les paiements à d’autres fi ture de biens et de services pour :
a) la promotion du commerce et de l’investisse
b) l’aide humanitaire internationale et l’aide fou té internationale, le développement internation
– Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 4 191 984 96 15
– Paiements effectués dans le cadre :
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a) de programmes de pension, d’assurance et d d’autres ententes pour les employés recrutés su Canada;
b) de l’administration de ces programmes ou e primes, contributions, avantages, frais et autres les employés recrutés sur place à l’extérieur du personnes déterminées par le Conseil du Tréso
– Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 68 874 000 $ 20
– Aide financière fournie par le ministre des Affaires avec le ministre des Finances, à titre de contributio cières internationales pour l’exercice 2019-2020, qu graphe 12(2) de la Loi d’aide au développement in nancières), ne dépasse pas 232 491 748 $
L25
– Achat d’actions d’institutions financières internatio 2019-2020 pour une somme d’au plus 11 713 307 $ 000 $ CAN —, effectué en conformité avec le parag d’aide au développement international (institution l’aide financière fournie par le ministre des Affaire tion avec le ministre des Finances
MINISTÈRE DES AFFAIRES INDIENNES ET DU NORD Department of Indian Affairs and Northern Develo 1
– Dépenses de fonctionnement
– Dépenses relatives aux ouvrages, bâtiments et ma
– Autorisation d’effectuer des dépenses — recouvrab travaux effectués sur des propriétés n’appartenant déral et aux services fournis à l’égard de celles-ci
– Autorisation d’affecter des fonds dans le cadre d’ac grès économique des Indiens et des Inuits, relative capacité des Indiens et des Inuits et à l’approvision matériel
– Autorisation de vendre de l’électricité, conforméme vées par le gouverneur en conseil, aux consomma liers vivant dans des centres éloignés lorsque ces aux sources alternatives locales d’approvisionnem
– Autorisation, au titre du paragraphe 29.1(2) de la L nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer au cours de celui-ci qui proviennent de la prestatio internes en vertu de l’article 29.2 de cette loi
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’ d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un payable annuellement ou au prorata pour toute pé arrondi à la centaine de dollars inférieure en applic Loi sur le Parlement du Canada
– Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 1 274 810 06 5
– Dépenses en capital
– Dépenses relatives aux bâtiments, ouvrages, terrai tion, le contrôle et la propriété peuvent être transfé
a) soit aux gouvernements provinciaux, selon l par le gouverneur en conseil;
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b) soit à des bandes indiennes ou à des Indiens lier, à la discrétion du ministre des Affaires indi dien.
– Dépenses relatives aux bâtiments, ouvrages, terrai l’égard de propriétés n’appartenant pas au gouver
– Autorisation d’effectuer des dépenses recouvrable passant pas la part des frais assumés par les gouv pour des routes et ouvrages connexes – Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 5 491 717 $ 10
– Subventions inscrites à tout budget des dépenses – Contributions
– Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 2 296 558 12 L15
– Prêts à des revendicateurs autochtones, conformém prouvées par le gouverneur en conseil, pour le pai aux revendications autochtones (recherche, négoc cuments)
– Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 25 903 000 $ L20
– Prêts à des premières nations de la Colombie-Brita participer au processus de la Commission des trait nique
– Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 30 400 000 $ MINISTÈRE DES ANCIENS COMBATTANTS Department of Veterans Affairs 1
– Dépenses de fonctionnement
– Dépenses afférentes à l’entretien des biens immeu pris celles relatives à des travaux de génie et de re n’ajoutent aucune valeur tangible au bien ainsi qu surances et services publics
– Sous réserve de l’approbation du gouverneur en co rentes :
a) aux travaux de réparation nécessaires sur de vertu de contrats particuliers à prix ferme et ve Loi sur les terres destinées aux anciens combat V-4), afin de corriger des défectuosités dont ni l trepreneur ne peuvent être tenus financièremen
b) à tout autre travail qui s’impose sur d’autres garder le droit ou l’intérêt que le directeur poss priétés.
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’ d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un payable annuellement ou au prorata pour toute pé arrondi à la centaine de dollars inférieure en applic Loi sur le Parlement du Canada
– Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 1 125 198 09 5
– Subventions inscrites à tout budget des dépenses inscrit à chacune des subventions pouvant être mo probation du Conseil du Trésor – Contributions
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– Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 3 180 739 50
MINISTÈRE DES FEMMES ET DE L’ÉGALITÉ DES GEN Department for Women and Gender Equality 1
– Dépenses de fonctionnement
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’ d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un payable annuellement ou au prorata pour toute pé arrondi à la centaine de dollars inférieure en applic Loi sur le Parlement du Canada
– Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 44 621 369 $ 5
– Subventions inscrites à tout budget des dépenses – Contributions
– Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 55 073 977 $ MINISTÈRE DES FINANCES Department of Finance 1
– Dépenses du programme – Contributions
– Autorisation, au titre du paragraphe 29.1(2) de la L nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer au cours de celui-ci qui proviennent de la prestatio internes en vertu de l’article 29.2 de cette loi
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’ d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un payable annuellement ou au prorata pour toute pé arrondi à la centaine de dollars inférieure en applic Loi sur le Parlement du Canada
– Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 99 510 558 $ 5
– Aide financière fournie par le ministre des Finance nale de développement, en vertu du paragraphe 8 de Bretton Woods et des accords connexes, sous f n’excédant pas, au total, 441 620 000 $ pour l’exerc MINISTÈRE DES PÊCHES ET DES OCÉANS Department of Fisheries and Oceans
– Dépenses de fonctionnement
– Participation du Canada aux dépenses des commis pêches
– Autorisation de fournir gratuitement des locaux au nales des pêches
– Autorisation de faire des avances recouvrables équ la quote-part de ces commissions dans les program
– Autorisation de faire des avances recouvrables pou et d’arrimage et d’autres services de la marine ma
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particuliers, à des organismes indépendants et à d lien avec l’exercice de sa compétence en matière d aides à la navigation et à la navigation maritime
– Autorisation, au titre du paragraphe 29.1(2) de la L nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re celui-ci qui proviennent de ce qui suit : a) les activités de la Garde côtière canadienne; b) la prestation de services de soutien internes cette loi.
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’ d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un payable annuellement ou au prorata pour toute pé arrondi à la centaine de dollars inférieure en applic Loi sur le Parlement du Canada
– Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 1 751 415 87 5
– Dépenses en capital
– Autorisation de faire des paiements aux provinces, autorités locales ou privées à titre de contributions tion entrepris par ces administrations ou autorités
– Autorisation d’acheter des bateaux de pêche comm – Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 801 787 391 10
– Subventions inscrites à tout budget des dépenses – Contributions – Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 271 946 191 MINISTÈRE DES RESSOURCES NATURELLES Department of Natural Resources
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la L nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re celui-ci qui proviennent de ce qui suit :
a) la vente de produits d’information et de prod
b) la délivrance de licences, de permis et de cer sur les explosifs et du Règlement de 2013 sur le c) la formation et les attestations de formation ment visés à l’alinéa b);
d) la perception, dans le cadre des activités du services de recherche, de consultation, d’évalua nistration et pour l’accès à des travaux de reche e) la prestation de services de soutien internes la Loi sur la gestion des finances publiques.
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’ d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un payable annuellement ou au prorata pour toute pé
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arrondi à la centaine de dollars inférieure en applic Loi sur le Parlement du Canada – Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 592 306 461 5
– Dépenses en capital
– Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 13 996 000 $ 10
– Subventions inscrites à tout budget des dépenses – Contributions – Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 470 458 564
MINISTÈRE DES SERVICES AUX AUTOCHTONES DU Department of Indigenous Services Canada 1
– Dépenses de fonctionnement
– Dépenses relatives aux ouvrages, bâtiments et ma
– Autorisation d’effectuer des dépenses — recouvrab travaux effectués sur des propriétés n’appartenant déral et aux services fournis à l’égard de celles-ci
– Autorisation d’affecter des fonds dans le cadre d’ac grès économique des Indiens et des Inuits, relative capacité des Indiens et des Inuits et à l’approvision matériel
– Autorisation de vendre de l’électricité, conforméme vées par le gouverneur en conseil, aux consomma liers vivant dans des centres éloignés lorsque ces aux sources alternatives locales d’approvisionnem
– Autorisation, au titre du paragraphe 29.1(2) de la L nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer au cours de celui-ci qui proviennent de ce qui suit
a) la prestation de services ou la vente de produ tection de la santé et aux services médicaux; b) la prestation de services de soutien internes cette loi.
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’ d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un payable annuellement ou au prorata pour toute pé arrondi à la centaine de dollars inférieure en applic Loi sur le Parlement du Canada
– Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 2 235 698 66 5
– Dépenses en capital
– Dépenses relatives aux bâtiments, ouvrages, terrai tion, le contrôle et la propriété peuvent être transfé
a) soit aux gouvernements provinciaux, selon l par le gouverneur en conseil;
b) soit à des bandes indiennes ou à des Indiens lier, à la discrétion du ministre d’État portant le vices aux Autochtones.
– Dépenses relatives aux bâtiments, ouvrages, terrai l’égard de propriétés n’appartenant pas au gouver
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– Autorisation d’effectuer des dépenses recouvrable passant pas la part des frais assumés par les gouv pour des routes et ouvrages connexes – Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 5 617 593 $ 10
– Subventions inscrites à tout budget des dépenses
– Contributions, sous forme de paiements en argent ou de services
– Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 9 417 759 18 MINISTÈRE DES TRANSPORTS Department of Transport 1
– Dépenses de fonctionnement
– Autorisation d’engager des dépenses pour des bie dans le cadre de l’exercice d’une compétence en m
– Autorisation de payer des commissions pour le rec vertu de la Loi sur l’aéronautique
– Autorisation, au titre du paragraphe 29.1(2) de la L nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re celui-ci qui proviennent notamment de la prestatio internes en vertu de l’article 29.2 de cette loi
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’ d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un payable annuellement ou au prorata pour toute pé arrondi à la centaine de dollars inférieure en applic Loi sur le Parlement du Canada – Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 755 159 025 5
– Dépenses en capital – Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 134 973 337
Subventions et contributions — Réseau de transport e – Subventions inscrites à tout budget des dépenses – Contributions – Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 626 542 571
Subventions et contributions — Réseau de transport é – Subventions inscrites à tout budget des dépenses – Contributions
– Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 65 026 921 $ 20
Subventions et contributions — Réseau de transport s – Subventions inscrites à tout budget des dépenses – Contributions
– Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 17 842 681 $
2015-2016-2017-2018-2019
Chapter 4: Appropriation Act No. 1, 2019–20 SCHEDULE 1 (French)
No du crédit
Postes
MINISTÈRE DES TRAVAUX PUBLICS ET DES SERVICE Department of Public Works and Government Serv 1
– Dépenses de fonctionnement pour la prestation de caux et de services communs et centraux
– Autorisation d’effectuer des dépenses recouvrable gime de pensions du Canada, de la Loi sur l’assura l’administration des biens saisis
– Autorisation de dépenser les recettes perçues au c viennent de la prestation de services de gestion de communs et centraux
– Autorisation, au titre du paragraphe 29.1(2) de la L nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re celui-ci qui proviennent notamment de la prestatio internes en vertu de l’article 29.2 de cette loi
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’ d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un payable annuellement ou au prorata pour toute pé arrondi à la centaine de dollars inférieure en applic Loi sur le Parlement du Canada
– Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 3 290 017 20 5
– Dépenses en capital, y compris les dépenses relativ que des biens fédéraux
– Autorisation d’effectuer des remboursements à de fédéraux ou de biens réels fédéraux relativement à ci autorisées par le ministre des Travaux publics e mentaux
– Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 1 022 932 04 MINISTÈRE DU PATRIMOINE CANADIEN Department of Canadian Heritage 1
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la L nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re celui-ci qui proviennent de ce qui suit :
a) les activités de l’Institut canadien de conserv d’information sur le patrimoine et du Bureau de audiovisuels canadiens;
b) les activités afférentes au programme « Expé c) la prestation de services de soutien internes cette loi.
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’ d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un payable annuellement ou au prorata pour toute pé arrondi à la centaine de dollars inférieure en applic Loi sur le Parlement du Canada – Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 197 875 747
2015-2016-2017-2018-2019
Chapter 4: Appropriation Act No. 1, 2019–20 SCHEDULE 1 (French)
No du crédit 5
Postes – Subventions inscrites à tout budget des dépenses – Contributions
– Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 1 201 637 40 MUSÉE CANADIEN DE LA NATURE Canadian Museum of Nature 1
– Paiements au Musée pour les dépenses de fonction capital
– Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 28 981 201 $ MUSÉE CANADIEN DE L’HISTOIRE Canadian Museum of History 1
– Paiements au Musée pour les dépenses de fonction capital
– Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 75 630 284 $ MUSÉE CANADIEN DE L’IMMIGRATION DU QUAI 21 Canadian Museum of Immigration at Pier 21 1
– Paiements au Musée pour les dépenses de fonction capital – Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 7 905 183 $ MUSÉE CANADIEN DES DROITS DE LA PERSONNE Canadian Museum for Human Rights
– Paiements au Musée pour les dépenses de fonction capital
– Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 26 954 953 $ MUSÉE DES BEAUX-ARTS DU CANADA National Gallery of Canada 1
– Paiements au Musée pour les dépenses de fonction capital
– Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 38 613 922 $ 5
– Paiements au Musée à l’égard de l’acquisition d’ob Musée et des frais connexes – Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 8 000 000 $
MUSÉE NATIONAL DES SCIENCES ET DE LA TECHNO National Museum of Science and Technology 1
– Paiements au Musée pour les dépenses de fonction capital
– Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 30 842 380 $ OFFICE DES TRANSPORTS DU CANADA Canadian Transportation Agency
2015-2016-2017-2018-2019
Chapter 4: Appropriation Act No. 1, 2019–20 SCHEDULE 1 (French)
No du crédit 1
Postes – Dépenses du programme
– Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 31 499 282 $ OFFICE NATIONAL DE L’ÉNERGIE National Energy Board 1
– Dépenses du programme – Contributions
– Autorisation, au titre du paragraphe 29.1(2) de la L nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re celui-ci qui proviennent de la prestation de service vertu de l’article 29.2 de cette loi
– Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 82 536 499 $ OFFICE NATIONAL DU FILM National Film Board 1
– Dépenses du programme
– Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 76 823 228 $ REGISTRAIRE DE LA COUR SUPRÊME DU CANADA Registrar of the Supreme Court of Canada 1
– Dépenses du programme
– Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 25 714 267 $
SECRÉTARIAT DES CONFÉRENCES INTERGOUVERNE CANADIENNES Canadian Intergovernmental Conference Secretari 1
– Dépenses du programme – Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 5 681 372 $
SECRÉTARIAT DU COMITÉ DES PARLEMENTAIRES S NATIONALE ET LE RENSEIGNEMENT Secretariat of the National Security and Intelligenc Parliamentarians 1
– Dépenses du programme – Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 3 271 323 $ SECRÉTARIAT DU CONSEIL DU TRÉSOR Treasury Board Secretariat
– Dépenses du programme
– Autorisation, au titre du paragraphe 29.1(2) de la L nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re celui-ci qui proviennent de la prestation de service vertu de l’article 29.2 de cette loi et de ses autres a
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’
2015-2016-2017-2018-2019
Chapter 4: Appropriation Act No. 1, 2019–20 SCHEDULE 1 (French)
No du crédit
Postes
d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un payable annuellement ou au prorata pour toute pé arrondi à la centaine de dollars inférieure en applic Loi sur le Parlement du Canada – Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 271 206 521 5
Dépenses éventuelles du gouvernement
– Autorisation donnée au Conseil du Trésor d’augme
– Autorisation donnée au Conseil du Trésor de payer urgentes ou imprévues — auxquelles il n’est pas p tamment pour lʼoctroi de nouvelles subventions ou mentation du montant de toute subvention prévue penses pour l’exercice, dans la mesure où ces dép mandat du ministère ou de l’organisme pour leque
– Autorisation de réemployer les sommes affectées à d’autres crédits et versées au présent crédit 10
Initiatives pangouvernementales
– Autorisation donnée au Conseil du Trésor d’augme pour l’exercice, pour appuyer la mise en œuvre d’i l’administration publique fédérale en matière de g 20
Assurances de la fonction publique
– À l’égard de tout ou partie de la fonction publique sonnes déterminées par le Conseil du Trésor, paie cadre des programmes d’assurance, de pension, d d’autres ententes — ou de l’administration de ces —, notamment au titre des primes, contributions, a autres dépenses
– Autorisation d’affecter tous revenus ou toutes autr cadre des programmes d’assurance, de pension, d d’autres ententes :
a) pour compenser notamment les primes, con ciaux, frais et autres dépenses liés à ces progra
b) pour rembourser les employés admissibles, graphe 96(3) de la Loi sur l’assurance-emploi, p retenues.
– Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 3 584 836 00 25
Report du budget de fonctionnement
– Autorisation donnée au Conseil du Trésor d’augme pour l’exercice en raison du report de tout budget l’exercice précédent 30
Besoins en matière de rémunération
– Autorisation donnée au Conseil du Trésor d’augme pour l’exercice pour : a) des prestations parentales et de maternité;
b) des versements liés à la cessation de service
c) des rajustements apportés aux modalités de l’administration publique fédérale, notamment Canada, et des membres des Forces canadienn vus par le crédit 15, Rajustements à la rémunér 35
Report du budget des dépenses en capital
– Autorisation donnée au Conseil du Trésor d’augme pour l’exercice en raison du report de tout budget l’exercice précédent
2015-2016-2017-2018-2019
Chapter 4: Appropriation Act No. 1, 2019–20 SCHEDULE 1 (French)
No du crédit
Postes SÉNAT Senate
– Dépenses du programme, notamment les paiemen des bureaux des sénateurs et le versement d’une a président du Sénat au lieu de la mise à sa disposit – Contributions
– Autorisation de dépenser les recettes perçues au c viennent de ses activités
– Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 78 375 193 $
SERVICE ADMINISTRATIF DES TRIBUNAUX JUDICIA Courts Administration Service 1
– Dépenses du programme
– Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 79 609 479 $
SERVICE CANADIEN D’APPUI AUX TRIBUNAUX ADM Administrative Tribunals Support Service of Canad 1
– Dépenses du programme
– Autorisation d’effectuer des dépenses recouvrable gime de pensions du Canada et de la Loi sur l’assu
– Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 82 309 359 $
SERVICE CANADIEN DU RENSEIGNEMENT DE SÉCU Canadian Security Intelligence Service 1
– Dépenses du programme – Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 535 592 804 SERVICE CORRECTIONNEL DU CANADA Correctional Service of Canada
– Dépenses de fonctionnement – Subventions inscrites à tout budget des dépenses – Contributions
– Autorisation de verser à la Caisse de bienfaisance d rés, au cours de l’exercice, des activités des détenu caisse
– Autorisation d’exploiter des cantines dans les étab verser les recettes, au cours de l’exercice, à la Cais tenus
– Paiements, selon les conditions fixées par le gouve
a) aux détenus libérés aux prises avec une inca de leur participation aux activités normales dan raux ou pour le compte de tels détenus;
b) aux personnes à charge de détenus — libéré suite de leur participation à de telles activités.
– Autorisation au ministre de la Sécurité publique et réserve de l’approbation du gouverneur en consei avec le gouvernement de toute province en vue, se
a) de l’incarcération, dans les établissements de sonnes condamnées ou transférées dans un pé
2015-2016-2017-2018-2019
Chapter 4: Appropriation Act No. 1, 2019–20 SCHEDULE 1 (French)
No du crédit
Postes b) de l’indemnisation afférente à l’entretien de
c) du paiement des frais de construction et d’au établissements.
– Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 2 062 950 97 5
– Dépenses en capital, notamment les paiements :
a) aux collectivités autochtones, au sens de l’ar tème correctionnel et la mise en liberté sous co cord visé à l’article 81 de cette loi et prévoyant correctionnels;
b) aux organisations à but non lucratif prenant tionnelles communautaires, aux provinces et au contributions pour leurs travaux de constructio – Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 187 808 684 SERVICE DE PROTECTION PARLEMENTAIRE Parliamentary Protective Service 1
– Dépenses du programme
– Autorisation de dépenser les recettes perçues au c viennent de ses activités
– Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 82 786 647 $ SERVICES PARTAGÉS CANADA Shared Services Canada 1
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la L nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice pour technologie de l’information au titre de la Loi sur S les recettes perçues au cours de celui-ci qui provie ces services
– Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 2 130 715 43 5
– Dépenses en capital
– Autorisation, au titre du paragraphe 29.1(2) de la L nances publiques, d’affecter, au cours de l’exercice dépenses en capital engagées au cours de cet exer au cours de celui-ci qui proviennent de la prestatio gie de l’information au titre de la Loi sur Services p – Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 309 331 294 SOCIÉTÉ CANADIENNE DES POSTES Canada Post Corporation 1
– Paiements à la Société à des fins spéciales
– Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 22 210 000 $
SOCIÉTÉ CANADIENNE D’HYPOTHÈQUES ET DE LOG Canada Mortgage and Housing Corporation 1
– Paiements à la Société visant à la rembourser pour
2015-2016-2017-2018-2019
Chapter 4: Appropriation Act No. 1, 2019–20 SCHEDULE 1 (French)
No du crédit
Postes
elle sur les prêts consentis, les subventions et con penses contractées, les pertes subies et les frais et cas : a) au titre de la Loi nationale sur l’habitation;
b) dans le cadre des attributions qui lui sont co fédérale et qu’elle exerce en conformité avec la dienne d’hypothèques et de logement.
– Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 2 624 301 33 SOCIÉTÉ DU CENTRE NATIONAL DES ARTS National Arts Centre Corporation 1
– Paiements à la Société pour les dépenses de foncti
– Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 35 270 142 $ SOCIÉTÉ RADIO-CANADA Canadian Broadcasting Corporation 1
– Paiements à la Société pour les dépenses de foncti
– Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 1 098 113 84 5
– Paiements à la Société pour le fonds de roulement – Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 4 000 000 $
– Paiements à la Société pour les dépenses en capita – Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 108 684 000
STATION CANADIENNE DE RECHERCHE DANS L’EXT Canadian High Arctic Research Station 1
– Dépenses du programme – Subventions inscrites à tout budget des dépenses – Contributions
– Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 31 704 049 $ STATISTIQUE CANADA Statistics Canada 1
– Dépenses du programme – Subventions inscrites à tout budget des dépenses
– Autorisation, au titre du paragraphe 29.1(2) de la L nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer au cours de celui-ci qui proviennent notamment de de soutien internes en vertu de l’article 29.2 de cet – Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 543 989 188 TÉLÉFILM CANADA Telefilm Canada 1
– Paiements à la société devant servir aux fins prévu Canada
2015-2016-2017-2018-2019
Chapter 4: Appropriation Act No. 1, 2019–20 SCHEDULE 1 (French)
No du crédit
Postes – Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 101 878 949
TRIBUNAL DES ANCIENS COMBATTANTS (RÉVISION Veterans Review and Appeal Board 1
– Dépenses du programme – Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 9 582 026 $ VIA RAIL CANADA INC. VIA Rail Canada Inc.
– Paiements à la société pour les dépenses liées à sa
– Paiements à la société pour les dépenses en capita
– Paiements à la société en vue de la prestation d’un Canada, conformément aux contrats conclus en ve crédit 52d (Transports) de la Loi no 1 de 1977 porta – Autorisation de prendre au cours de l’exercice, au engagements jusqu’à concurrence de 731 594 011
2015-2016-2017-2018-2019
Chapter 4: Appropriation Act No. 1, 2019–20 SCHEDULE 2
SCHEDULE 2
Based on the Interim Estimates 2019–20, the amount granted is $ out in this Schedule.
Sums granted to Her Majesty by this Act for the fiscal year endin following fiscal year ending March 31, 2021 and the purposes for w Vote No.
Items CANADA BORDER SERVICES AGENCY Agence des services frontaliers du Canada
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal
(a) fees, related to border operations, for the provisi of a facility or for a product, right or privilege; and (b) payments received under contracts entered into
– Authority to enter into commitments not exceeding $1, year for the purposes of this vote 5
– Capital expenditures
– Authority to enter into commitments not exceeding $12 year for the purposes of this vote CANADA REVENUE AGENCY Agence du revenu du Canada 1
– Operating expenditures – Contributions
– Authority to make recoverable expenditures in relation Canada Pension Plan and the Employment Insurance A
– Authority to enter into commitments not exceeding $3, year for the purposes of this vote 5
– Capital expenditures
– Authority to make recoverable expenditures in relation Canada Pension Plan and the Employment Insurance A
– Authority to enter into commitments not exceeding $25 for the purposes of this vote PARKS CANADA AGENCY Agence Parcs Canada 1
– Program expenditures – Capital expenditures
– The grants listed in any of the Estimates for the fiscal y – Contributions, including
(a) expenditures on other than federal property; and
(b) payments to provinces and municipalities as con cost of undertakings carried out by those bodies
– Authority to enter into commitments not exceeding $1, year for the purposes of this vote 5
– Amounts credited to the New Parks and Historic Sites A specified in subsection 21(3) of the Parks Canada Agen
– Authority to enter into commitments not exceeding $13 for the purposes of this vote
2015-2016-2017-2018-2019
Chapter 4: Appropriation Act No. 1, 2019–20 SCHEDULE 2
Vote No.
2015-2016-2017-2018-2019
Items
Chapter 4: Appropriation Act No. 1, 2019–20 SCHEDULE 2 (French)
ANNEXE 2
D’après le Budget provisoire des dépenses 2019-2020, la somme postes figurant à la présente annexe.
Sommes accordées par la présente loi à Sa Majesté pour l’exercice en cours et à l’exercice suivant se terminant le 31 mars 2021, et fin No du crédit
Postes AGENCE DES SERVICES FRONTALIERS DU CANADA Canada Border Services Agency
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Loi su publiques, d’affecter, au cours de l’exercice, à la compe gagées au cours de cet exercice, les recettes perçues a proviennent de ce qui suit :
a) les droits — liés aux activités à la frontière — perç d’un service, l’utilisation d’une installation, l’achat d d’un droit ou d’un privilège;
b) les paiements reçus au titre de contrats conclus p – Autorisation de prendre au cours de l’exercice, au titre gagements jusqu’à concurrence de 1 568 643 856 $ 5
– Dépenses en capital – Autorisation de prendre au cours de l’exercice, au titre gagements jusqu’à concurrence de 124 728 621 $ AGENCE DU REVENU DU CANADA Canada Revenue Agency
– Dépenses de fonctionnement – Contributions
– Autorisation d’effectuer des dépenses recouvrables liée gime de pensions du Canada et de la Loi sur l’assuranc – Autorisation de prendre au cours de l’exercice, au titre gagements jusqu’à concurrence de 3 811 995 712 $ 5
– Dépenses en capital
– Autorisation d’effectuer des dépenses recouvrables liée gime de pensions du Canada et de la Loi sur l’assuranc – Autorisation de prendre au cours de l’exercice, au titre gagements jusqu’à concurrence de 25 919 753 $ AGENCE PARCS CANADA Parks Canada Agency 1
– Dépenses du programme – Dépenses en capital
– Subventions inscrites à tout budget des dépenses pour – Contributions, notamment :
a) les dépenses afférentes à des propriétés autres q ment fédéral;
b) les paiements aux provinces et aux municipalités l’égard des engagements assumés par ces dernière – Autorisation de prendre au cours de l’exercice, au titre gagements jusqu’à concurrence de 1 433 900 120 $ 5
– Sommes créditées au Compte des nouveaux parcs et li fins visées au paragraphe 21(3) de la Loi sur l’Agence P
2015-2016-2017-2018-2019
Chapter 4: Appropriation Act No. 1, 2019–20 SCHEDULE 2 (French)
No du crédit
Postes – Autorisation de prendre au cours de l’exercice, au titre gagements jusqu’à concurrence de 13 423 000 $
Published under authority of the Speaker of the House of Commons 2015-2016-2017-2018-2019
Disponible sur le site Web de la Chambre des comm
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First Session, Forty-fourth Parliament, 70 Elizabeth II, 2021
STATUTES OF CANADA 2021
CHAPTER 27
An Act to amend the Criminal Code and the Canada Labour Code
ASSENTED TO DECEMBER 17, 2021 BILL C-3
SUMMARY This enactment amends the Criminal Code to, among other things, (a) create an offence of intimidating a person in order to impede them from obtaining health services, intimidating a health professional in order to impede them in the performance of their duties or intimidating a person who assists a health professional in order to impede the person in providing that assistance; (b) create an offence of obstructing or interfering with a person’s lawful access to a place at which health services are provided, subject to a defence of attending at the place for the purpose only of obtaining or communicating information; and (c) add the commission of an offence against a person who was providing health services and the commission of an offence that had the effect of impeding another person from obtaining health services as aggravating sentencing factors for any offence. It also amends the Canada Labour Code to, among other things, (a) extend the period during which an employee may take a leave of absence from employment in the event of the death of a child and provide for the entitlement of an employee to a leave of absence in the event of the loss of an unborn child; (b) repeal the personal leave that an employee may take to treat their illness or injury; (c) provide that an employee may earn and take up to 10 days of medical leave of absence with pay in a calendar year; and (d) authorize the Governor in Council to make regulations to modify, in certain circumstances, the provisions respecting medical leave of absence with pay.
i
70 ELIZABETH II
CHAPTER 27
An Act to amend the Criminal Code and the Canada Labour Code [Assented to 17th December, 2021] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: R.S., c. C-46
Criminal Code 1 Paragraph (a) of the definition offence in section 183 of the Criminal Code is amended by adding the following after subparagraph (lxxi): (lxxi.1) section 423.2 (intimidation — health services), 2 The Act is amended by adding the following after section 423.1:
Intimidation — health services 423.2 (1) Every person commits an offence who engages in any conduct with the intent to provoke a state of fear in (a) a person in order to impede them from obtaining health services from a health professional; (b) a health professional in order to impede them in
the performance of their duties; or (c) a person, whose functions are to assist a health professional in the performance of the health professional’s duties, in order to impede that person in the performance of those functions.
Obstruction or interference with access (2) Every person commits an offence who, without lawful authority, intentionally obstructs or interferes with another person’s lawful access to a place at which health services are provided by a health professional.
Chapter 27: An Act to amend the Criminal Code and the Canada Labour Code Criminal Code Sections 2-4
Punishment (3) Every person who commits an offence under subsection (1) or (2) is (a) guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years; or (b) guilty of an offence punishable on summary conviction.
Defence (4) No person is guilty of an offence under subsection (2) by reason only that they attend at or near, or approach, a place referred to in that subsection for the purpose only of obtaining or communicating information.
Definition of health professional (5) In this section, health professional means a person
who is entitled under the laws of a province to provide health services. 3 Paragraph (c) of the definition secondary designated offence in section 487.04 of the Act is amended by adding the following after subparagraph (xi): (xi.01) subsection 423.2(1) (intimidation — health
services), 4 (1) Subsection 515(4.1) of the Act is amended by adding the following after paragraph (b.1):
(b.11) an offence under subsection 423.2(1) (intimidation — health services),
Chapter 27: An Act to amend the Criminal Code and the Canada Labour Code Criminal Code Sections 4-6.1
(2) Paragraph 515(4.3)(b) of the Act is replaced by
the following: (b) an offence described in section 264 or 423.1 or subsection 423.2(1); 5 (1) Paragraph 718.2(a) of the Act is amended by
adding the following after subparagraph (iii.1): (iii.2) evidence that the offence was committed
against a person who, in the performance of their duties and functions, was providing health services, including personal care services, (2) Paragraph 718.2(a) of the Act is amended by striking out “or” at the end of subparagraph (v), by adding “and” at the end of subparagraph (vi) and by adding the following after subparagraph (vi): (vii) evidence that the commission of the offence
had the effect of impeding another person from obtaining health services, including personal care services, R.S., c. L-2
Canada Labour Code 6 Paragraph 206.6(1)(a) of the Canada Labour Code is repealed. 6.1 Subsection 210(1) of the Act is replaced by the
following: Employee entitled 210 (1) Except when subsection (1.01) or (1.02) applies,
every employee is entitled to and shall be granted, in the event of the death of a member of their immediate family or a family member in respect of whom the employee is, at the time of the death, on leave under section 206.3 or 206.4, a leave of absence from employment of up to 10 days that may be taken during the period that begins on the day on which the death occurs and ends six weeks after the latest of the days on which any funeral, burial or memorial service of that deceased person occurs. Employee entitled — child (1.01) Every employee is entitled to and shall be granted, in the event of the death of a child of the employee or the death of a child of their spouse or common-law
Chapter 27: An Act to amend the Criminal Code and the Canada Labour Code Canada Labour Code Sections 6.1-7
partner, a leave of absence from employment of up to eight weeks that may be taken during the period that begins on the day on which the death occurs and ends 12 weeks after the latest of the days on which any funeral, burial or memorial service of the child occurs. Employee entitled — stillbirth (1.02) Every employee is entitled to and shall be granted, in the event of a stillbirth experienced by them or their spouse or common-law partner or where they would have been a parent, as defined in subsection 206.7(1), of the child born as a result of the pregnancy, a leave of absence from employment of up to eight weeks that may be taken during the period that begins on the day on which the stillbirth occurs and ends 12 weeks after the latest of the days on which any funeral, burial or memorial service in respect of the stillbirth occurs. Definitions (1.03) The following definitions apply in subsections
(1.01) and (1.02). child means (a) a person who is under 18 years of age; or (b) a person in respect of whom the employee or their
spouse or common-law partner, as the case may be, is entitled to the Canada caregiver credit under paragraph 118(1)(d) of the Income Tax Act. (enfant) stillbirth means the complete expulsion or extraction of a fetus from a person on or after the twentieth week of pregnancy or after the fetus has attained at least 500 g, without any breathing, beating of the heart, pulsation of the umbilical cord or movement of voluntary muscle from the fetus after the expulsion or extraction. (mortinaissance) 7 (1) Subsection 239(2) of the Act is replaced by the following:
Leave with pay (1.2) An employee earns, (a) in the case of an employee whose employment with an employer begins on or before the day on which this subsection comes into force, in the calendar year in which this subsection comes into force, after completing 30 days of continuous employment with the employer, three days of medical leave of absence with pay and, after 60 days of continuous employment with the employer, at the beginning of each month after completing one month of continuous employment
Chapter 27: An Act to amend the Criminal Code and the Canada Labour Code Canada Labour Code Section 7
with the employer, one day of medical leave of absence with pay, up to a maximum of 10 days; (b) in the case of an employee whose employment
with an employer begins after the day on which this subsection comes into force, in the calendar year during which they were employed, after completing 30 days of continuous employment with the employer, three days of medical leave of absence with pay and, after 60 days of continuous employment with the employer, at the beginning of each month after completing one month of continuous employment with the employer, one day of medical leave of absence with pay, up to a maximum of 10 days; and (c) in each subsequent calendar year, at the beginning of each month after completing one month of continuous employment with the employer, one day of medical leave of absence with pay, up to a maximum of 10 days.
Rate of wages (1.3) Each day of medical leave of absence with pay that an employee takes must be paid at their regular rate of wages for their normal hours of work, and that pay is for all purposes considered to be wages.
Annual carry forward (1.4) Each day of medical leave of absence with pay that an employee does not take in a calendar year is to be carried forward to January 1 of the following calendar year and decreases, by one, the maximum number of days that can be earned in that calendar year under subsection (1.2).
Division of leave with pay (1.5) The medical leave of absence with pay may be taken in one or more periods. The employer may require that each period of leave be of not less than one day’s duration.
Certificate — leave with pay (1.6) The employer may, in writing and no later than
15 days after the return to work of an employee who has taken a medical leave of absence with pay of at least five consecutive days, require the employee to provide a certificate issued by a health care practitioner certifying that the employee was incapable of working for the period of their medical leave of absence with pay. Certificate — leave without pay (2) If a medical leave of absence without pay is three
days or longer, the employer may require that the employee provide a certificate issued by a health care
Chapter 27: An Act to amend the Criminal Code and the Canada Labour Code Canada Labour Code Sections 7-8
practitioner certifying that the employee was incapable of working for the period of their medical leave of absence without pay. (2) Subsection 239(13) of the Act is replaced by the following:
Regulations (13) The Governor in Council may make regulations (a) defining terms for the purposes of this Division, including “regular rate of wages” and “normal hours of work”; and (b) modifying any provision of this Division respecting the medical leave of absence with pay for the purposes of applying this Division to any class of employees if, in the opinion of the Governor in Council, (i) the application of the provision without the modification would be unreasonable or inequitable in respect of the employees in that class or their employers, due to the work practices of that class, and (ii) those employees will, despite the modification, earn periods of medical leave of absence with pay at a rate that is substantially equivalent to the rate provided for in subsection (1.2).
Coming into Force 30th day after royal assent 8 (1) Sections 1 to 5 come into force on the 30th
day after the day on which this Act receives royal assent. Order in council (2) Sections 6 and 7 come into force on a day to be
fixed by order of the Governor in Council. Order in council (3) Section 6.1 comes into force on a day to be fixed by order of the Governor in Council.
Published under authority of the Speaker of the House of Commons 2021
Disponible sur le site Web de la Chambre des comm
|
First Session, Forty-fourth Parliament, 70 Elizabeth II, 2021
STATUTES OF CANADA 2021
CHAPTER 26
An Act to provide further support in response to COVID-19
ASSENTED TO DECEMBER 17, 2021 BILL C-2
RECOMMENDATION Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act to provide further support in response to COVID-19”.
SUMMARY Part 1 amends the Income Tax Act and the Income Tax Regulations to extend subsidies under the Canada Emergency Wage Subsidy (CEWS), the Canada Emergency Rent Subsidy (CERS), and the Canada Recovery Hiring Program until May 7, 2022, as part of the response to the COVID-19 pandemic. Support under the CEWS and the CERS would be available to the tourism and hospitality sector and to the hardest-hit organizations that face significant revenue declines. Eligible entities under these rules would need to demonstrate a revenue decline over the course of 12 months of the pandemic, as well as a current-month revenue decline. In addition, organizations subject to a qualifying public health restriction would be eligible for support, if they have one or more locations subject to a public health restriction lasting for at least seven days that requires them to cease some or all of their activities. Part 1 also allows the government to extend the subsidies by regulation but no later than July 2, 2022.
Part 2 enacts the Canada Worker Lockdown Benefit Act to authorize the payment of the Canada worker lockdown benefit in regions where a lockdown is imposed for reasons related to COVID-19. It also makes consequential amendments to the Income Tax Act and the Income Tax Regulations.
Part 3 amends the Canada Recovery Benefits Act to, among other things, (a) extend the period within which a person may be eligible for a Canada recovery sickness benefit or a Canada recovery caregiving benefit; (b) increase the maximum number of weeks in respect of which a Canada recovery sickness benefit is payable to a person from four to six; and (c) increase the maximum number of weeks in respect of which a Canada recovery caregiving benefit is payable to a person from 42 to 44.
It also makes a related amendment to the Canada Recovery Benefits Regulations.
i
Chapter 26: An Act to provide further support in response to COVID-19 SUMMARY
Part 3.1 provides for the completion of a performance audit and tabling of a report by the Auditor General of Canada in respect of certain benefits. Part 4 amends the Canada Labour Code to, among other things, create a regime that provides for a leave of absence related to COVID-19 under which an employee may take (a) up to six weeks if they are unable to work because, among other things, they have contracted COVID-19, have underlying conditions that in the opinion of certain persons or entities would make them more susceptible to COVID-19 or have isolated themselves on the advice of certain persons or entities for reasons related to COVID-19; and (b) up to 44 weeks if they are unable to work because, for certain reasons related to COVID-19, they must care for a child who is under the age of 12 or a family member who requires supervised care. It also makes a related amendment to the Budget Implementation Act, 2021, No. 1.
ii
TABLE OF PROVISIONS An Act to provide further support in response to COVID-19
PART 1
Income Tax Act
PART 2
Canada Worker Lockdown Benefit Act Enactment of Act 5
Enactment
An Act establishing the Canada worker lockdown benefit Short Title 1
Canada Worker Lockdown Benefit Act
Definitions 2
Definitions
PART 1
Canada Worker Lockdown Benefit 3
Designation of region
Eligibility
Application
Attestation
Obligation to provide information
Payment of benefit
Amount of payment
PART 2
General 10
Regulations
Replacement of May 7, 2022
Social Insurance Number
Provision of information and documents
Minister of Health
v
Chapter 26: An Act to provide further support in response to COVID-19 TABLE OF PROVISIONS
Payments cannot be charged, etc.
Return of erroneous payment or overpayment
Garnishment — financial institution
Reconsideration of application
Request for review
Certificate of default
Limitation or prescription period
No interest payable
Violations
Limitation of imposition of penalties
Rescission or reduction of penalty
Recovery as debt due to Her Majesty
Offences
Designation — investigators
Consolidated Revenue Fund
Consequential Amendments 6
PART 3
Canada Recovery Benefits Act 9
PART 3.1
Review of Acts 19.1
PART 4
Canada Labour Code 20
v
70 ELIZABETH II
CHAPTER 26
An Act to provide further support in response to COVID-19 [Assented to 17th December, 2021] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
PART 1 R.S., c. 1 (5th Supp.)
Income Tax Act Amendments to the Act 1 (1) The portion of subsection 125.7(1) of the Income Tax Act before the definition baseline remuneration is replaced by the following:
Definitions (1) The following definitions apply in this section and in
subsections 163(2.901) and (2.902). (2) Paragraphs (j) and (k) of the definition base
percentage in subsection 125.7(1) of the Act are replaced by the following: (j) for the twentieth qualifying period, (i) if the eligible entity’s revenue reduction percentage is greater than or equal to 50%, 25%, and (ii) in any other case, the percentage determined by the formula 0.625 × (A − 10%)
where A
is the revenue reduction percentage;
(k) for the twenty-first qualifying period,
Chapter 26: An Act to provide further support in response to COVID-19 PART 1 Income Tax Act Amendments to the Act Section 1
(i) if the eligible entity’s revenue reduction percentage is greater than or equal to 50%, 10%, and (ii) in any other case, the percentage determined by
the formula 0.25 × (A − 10%)
where A
is the revenue reduction percentage;
(l) for the twenty-second qualifying period to the
twenty-sixth qualifying period, (i) the lesser of 75% and the eligible entity’s revenue reduction percentage for the qualifying period, if, for the qualifying period, (A) the eligible entity’s revenue reduction percentage is greater than or equal to 40%, and (B) either of the following conditions is met: (I) the eligible entity is a qualifying tourism or hospitality entity, or (II) the eligible entity is subject to a qualifying public health restriction, (ii) if subparagraph (i) does not apply to the eligible
entity, the eligible entity’s revenue reduction percentage for the qualifying period is greater than or equal to 50% and the prior year revenue decline of the eligible entity is greater than or equal to 50%, the lesser of 50% and the percentage determined by the formula 1.6 × (A − 50%) + 10%
where A
is the eligible entity’s revenue reduction percentage for the qualifying period, and
(iii) in any other case, nil; (m) for the twenty-seventh qualifying period and the twenty-eighth qualifying period, (i) the lesser of 37.5% and one half of the eligible entity’s revenue reduction percentage for the qualifying period, if, for the qualifying period, (A) the eligible entity’s revenue reduction percentage is greater than or equal to 40%, and (B) either of the following conditions is met: (I) the eligible entity is a qualifying tourism or
hospitality entity, or
Chapter 26: An Act to provide further support in response to COVID-19 PART 1 Income Tax Act Amendments to the Act Section 1
(II) the eligible entity is subject to a qualifying
public health restriction, (ii) if subparagraph (i) does not apply to the eligible entity, the eligible entity’s revenue reduction percentage is for the qualifying period greater than or equal to 50% and the prior year revenue decline of the eligible entity is greater than or equal to 50%, the lesser of 25% and the percentage determined by the formula 0.8 × (A − 50%) + 5%
where A
is the eligible entity’s revenue reduction percentage for the qualifying period, and
(iii) in any other case, nil; and (n) for a qualifying period after the twentieth qualifying period, a percentage determined by regulation in respect of the eligible entity for the qualifying period or, for a qualifying period after the twenty-eighth qualifying period, if there is no percentage determined by regulation for the qualifying period, nil. (pourcentage de base)
(3) The definition current reference period in subsection 125.7(1) of the Act is amended by striking out “and” at the end of paragraph (c.991) and by adding the following after that paragraph: (c.992) for the twenty-third qualifying period, December 2021; (c.993) for the twenty-fourth qualifying period, January 2022; (c.994) for the twenty-fifth qualifying period, February 2022; (c.995) for the twenty-sixth qualifying period, March
2022; (c.996) for the twenty-seventh qualifying period,
April 2022; (c.997) for the twenty-eighth qualifying period, May
2022; and
Chapter 26: An Act to provide further support in response to COVID-19 PART 1 Income Tax Act Amendments to the Act Section 1
(4) Subparagraph (i) of the description of A in
paragraph (b) of the definition executive compensation repayment amount in subsection 125.7(1) of the Act is replaced by the following: (i) a percentage assigned to the eligible entity under an agreement in respect of the seventeenth qualifying period to the twenty-third qualifying period if (A) the agreement is entered into by (I) the eligible entity, (II) an eligible entity, shares of the capital stock of which are listed or traded on a stock exchange or other public market, that controls the eligible entity (referred to in this definition as the “public parent corporation”), if the public parent corporation received a deemed overpayment under subsection (2) in respect of any of the seventeenth qualifying period to the twenty-third qualifying period, and (III) each other eligible entity that received a deemed overpayment under subsection (2) in respect of any of the seventeenth qualifying period to the twenty-third qualifying period and was controlled in that period by the eligible entity or the public parent corporation, if any, (B) the agreement is filed in prescribed form and
manner with the Minister, (C) the agreement assigns, for the purposes of this
definition, a percentage in respect of each eligible entity referred to in clause (A) of this subparagraph, (D) the total of all the percentages assigned under
the agreement equals 100%, and (E) the percentage allocated to any eligible entity under the agreement would not result in an amount allocated to the eligible entity in excess of the total of all amounts of deemed overpayments of the eligible entity under subsection (2) for any of the seventeenth qualifying period to the twenty-third qualifying period, (i.1) a percentage assigned to the eligible entity under an agreement in respect of the twenty-fourth qualifying period and any subsequent qualifying period if (A) the agreement is entered into by (I) the eligible entity, (II) the public parent corporation, if the public parent corporation received a deemed overpayment under subsection (2) in respect of the twenty-fourth qualifying period or any subsequent qualifying period, and
Chapter 26: An Act to provide further support in response to COVID-19 PART 1 Income Tax Act Amendments to the Act Section 1
(III) each other eligible entity that received a
deemed overpayment under subsection (2) in respect of the twenty-fourth qualifying period or any subsequent qualifying period and was controlled in that period by the eligible entity or the public parent corporation, if any, (B) the agreement is filed in prescribed form and
manner with the Minister, (C) the agreement assigns, for the purposes of this
definition, a percentage in respect of each eligible entity referred to in clause (A) of this subparagraph, (D) the total of all the percentages assigned under
the agreement equals 100%, and (E) the percentage allocated to any eligible entity
under the agreement would not result in an amount allocated to the eligible entity in excess of the total of all amounts of deemed overpayments of the eligible entity under subsection (2) for the twentyfourth qualifying period and any subsequent qualifying period, and
(5) The description of B in paragraph (b) of the
definition executive compensation repayment amount in subsection 125.7(1) of the Act is replaced by the following: B
is (i) for the seventeenth qualifying period to the
twenty-third qualifying period, the lesser of (A) the total of all amounts each of which is an
amount of a deemed overpayment under subsection (2) for each of the eligible entities described in clause (i)(A) of the description of A for the seventeenth qualifying period to the twenty-third qualifying period, other than amounts in respect of employees on leave with pay, and
Chapter 26: An Act to provide further support in response to COVID-19 PART 1 Income Tax Act Amendments to the Act Section 1
(B) the amount determined by the formula C−D
where C
is the executive remuneration of the eligible entity, or of the public parent corporation that controls the eligible entity, if any, for the 2021 calendar year (prorated based upon the number of days of the eligible entity’s, or the public parent corporation’s, fiscal periods in the calendar year, if those fiscal periods are not the calendar year), and
D
is the executive remuneration of the eligible entity, or of the public parent corporation that controls the eligible entity, if any, for the 2019 calendar year (prorated based upon the number of days of the eligible entity’s, or the public parent corporation’s, fiscal periods in the calendar year, if those fiscal periods are not the calendar year), and
(ii) for the twenty-fourth qualifying period and
any subsequent qualifying period, the lesser of (A) the total of all amounts each of which is an
amount of a deemed overpayment under subsection (2) for each of the eligible entities described in clause (i.1)(A) of the description of A for the twenty-fourth qualifying period and any subsequent qualifying period, other than amounts in respect of employees on leave with pay, and (B) the amount determined by the formula E+F−G
where
E
is the amount, if any, by which the amount determined under clause (i)(B) exceeds the amount determined under clause (i)(A),
F
is the executive remuneration of the eligible entity, or of the public parent corporation that controls the eligible entity, if any, for the 2022 calendar year (prorated based upon the number of days of the eligible entity’s, or the public parent corporation’s, fiscal periods in the calendar year, if those fiscal periods are not the calendar year), and
G
is the executive remuneration of the eligible entity, or of the public parent corporation that controls the eligible entity, if any, for the 2019 calendar year (prorated based upon the number of days of the eligible
Chapter 26: An Act to provide further support in response to COVID-19 PART 1 Income Tax Act Amendments to the Act Section 1
entity’s, or the public parent corporation’s, fiscal periods in the calendar year, if those fiscal periods are not the calendar year). (montant du remboursement de la rémunération de la haute direction) (6) Paragraph (a) of the definition prior reference period in subsection 125.7(1) of the Act is amended by striking out “and” at the end of subparagraph (xxi) and by adding the following after subparagraph (xxii): (xxiii) for the twenty-third qualifying period, December 2019, (xxiv) for the twenty-fourth qualifying period, January 2020, (xxv) for the twenty-fifth qualifying period, February 2020, (xxvi) for the March 2019,
twenty-sixth
qualifying
period,
(xxvii) for the twenty-seventh qualifying period,
April 2019, and (xxviii) for the twenty-eighth qualifying period, May 2019; (7) Subparagraphs (b)(i) and (ii) of the definition prior reference period in subsection 125.7(1) of the Act are replaced by the following: (i) on March 1, 2019, the eligible entity was not carrying on business or otherwise carrying on its ordinary activities and the qualifying period is any of the first qualifying period to the fourth qualifying period, or (ii) the qualifying period is any of (A) the first qualifying period to the fourth qualifying period and the eligible entity elects for all of the first qualifying period to the third qualifying period, (B) the fifth qualifying period to the qualifying
period referred to in paragraph (d) of the definition qualifying period and the eligible entity elects for all of those qualifying periods, (C) the fourteenth qualifying period to the seventeenth qualifying period, if
Chapter 26: An Act to provide further support in response to COVID-19 PART 1 Income Tax Act Amendments to the Act Section 1
(I) on March 1, 2019, the eligible entity was
not carrying on business or otherwise carrying on its ordinary activities, and (II) the eligible entity elects for all of those qualifying periods, or (D) the twenty-sixth qualifying period to the
twenty-eighth qualifying period, if (I) on March 1, 2019, the eligible entity was
not carrying on business or otherwise carrying on its ordinary activities, and (II) the eligible entity elects for all of those qualifying periods; and
(8) The definition qualifying period in subsection 125.7(1) of the Act is amended by striking out “and” at the end of paragraph (c.991) and by replacing paragraph (d) with the following: (c.992) the period that begins on November 21, 2021
and ends on December 18, 2021 (referred to in this section as the “twenty-third qualifying period”); (c.993) the period that begins on December 19, 2021
and ends on January 15, 2022 (referred to in this section as the “twenty-fourth qualifying period”); (c.994) the period that begins on January 16, 2022
and ends on February 12, 2022 (referred to in this section as the “twenty-fifth qualifying period”); (c.995) the period that begins on February 13, 2022
and ends on March 12, 2022 (referred to in this section as the “twenty-sixth qualifying period”); (c.996) the period that begins on March 13, 2022 and
ends on April 9, 2022 (referred to in this section as the “twenty-seventh qualifying period”); (c.997) the period that begins on April 10, 2022 and
ends on May 7, 2022 (referred to in this section as the “twenty-eighth qualifying period”); and (d) a prescribed period that ends no later than July 2,
2022. (période d’admissibilité) (9) Paragraph (b) of the definition qualifying recovery entity in subsection 125.7(1) of the Act is replaced by the following:
Chapter 26: An Act to provide further support in response to COVID-19 PART 1 Income Tax Act Amendments to the Act Section 1
(b) it would be a qualifying entity for the qualifying period if the definition qualifying entity were read without reference to its paragraph (a); (10) Subparagraph (e)(ii) of the definition qualifying recovery entity in subsection 125.7(1) of the Act is replaced by the following: (ii) greater than 10% (or a percentage determined by regulation for the qualifying period), if it is any of the eighteenth qualifying period and subsequent qualifying periods. (entité de relance admissible)
(11) Paragraph (d) of the definition recovery
wage subsidy rate in subsection 125.7(1) of the Act is replaced by the following: (d) for any of the twenty-second qualifying period and subsequent qualifying periods, 50% or a percentage determined by regulation for the qualifying period. (taux de subvention salariale de relance) (12) The portion of paragraph (a.1) of the definition rent subsidy percentage in subsection 125.7(1) of the Act before the formula is replaced by the following: (a.1) if the qualifying period is any of the eighteenth qualifying period to the twenty-eighth qualifying period, the percentage determined by the formula (13) Paragraph (b) of the definition rent subsidy percentage in subsection 125.7(1) of the Act is replaced by the following: (b) for a qualifying period after the twenty-eighth qualifying period, a percentage determined by regulation in respect of the eligible entity or, if there is no percentage determined by regulation for the qualifying period, nil. (pourcentage de subvention pour le loyer) (14) The description of A in the definition rent
top-up percentage in subsection 125.7(1) of the Act is replaced by the following: A
is 25%, or a prescribed percentage, for any of the eighth qualifying period to the twenty-eighth qualifying period and nil, or a prescribed percentage, for any subsequent qualifying period,
(15) Paragraphs (e) and (f) of the definition topup percentage in subsection 125.7(1) of the Act are replaced by the following:
Chapter 26: An Act to provide further support in response to COVID-19 PART 1 Income Tax Act Amendments to the Act Section 1
(e) for the twentieth qualifying period, the lesser of
15% and the percentage determined by the formula 0.75 × (A − 50%)
where A
is the entity’s top-up revenue reduction percentage for the qualifying period;
(f) for the twenty-first qualifying period, the lesser of 10% and the percentage determined by the formula 0.5 × (A − 50%)
where A
is the entity’s top-up revenue reduction percentage for the qualifying period; and
(g) for each qualifying period after the twenty-first qualifying period, nil. (pourcentage compensatoire)
(16) Subsection 125.7(1) of the Act is amended by adding the following in alphabetical order:
prior year revenue decline, of an eligible entity means, the average of all percentages each of which would, if the Act were read without reference to subsection 125.7(9) and section 257, be the revenue reduction percentage of the eligible entity for a qualifying period (a) that is any of the first qualifying period to the thirteenth qualifying period (but including only one of the tenth qualifying period or the eleventh qualifying period); and (b) throughout which the eligible entity was (i) carrying on its ordinary activities, or (ii) not carrying on its ordinary activities because of
a public health restriction. (réduction du revenu d’une année antérieure) qualifying public health restriction, of an eligible entity for a qualifying period, means that (a) one or more qualifying properties of the eligible entity — or of one or more specified tenants (within the meaning of the definition public health restriction) of the eligible entity — is subject to a public health restriction for at least seven days in the qualifying period; and
Chapter 26: An Act to provide further support in response to COVID-19 PART 1 Income Tax Act Amendments to the Act Section 1
(b) it is reasonable to conclude that at least approximately 25% of the qualifying revenues of the eligible entity — together with the qualifying revenues of any specified tenants of the eligible entity — for the prior reference period were derived from the restricted activities. (restrictions sanitaires admissibles) qualifying tourism or hospitality entity, for a qualifying period, has the meaning assigned by regulation. (entité touristique ou d’accueil admissible)
(17) The portion of paragraph (a) of the description of D in subsection 125.7(2) of the Act before subparagraph (i) is replaced by the following: (a) nil, if the qualifying period is any of the fifth qualifying period to the nineteenth qualifying period, unless (18) The description of D in subsection 125.7(2) of
the Act is amended by striking out “and” at the end of paragraph (a) and by adding the following after that paragraph: (a.1) nil, if the qualifying period is after the nineteenth qualifying period, and (18.1) Section 125.7 of the Act is amended by
adding the following after subsection (2):
Exception (2.01) Despite subsection (2), no overpayment on account of a qualifying entity’s liability under this Part for the taxation year in which the qualifying period ends is deemed to have arisen with respect to a qualifying entity that is a publicly traded company or a subsidiary of such a company if, in the qualifying period, it paid taxable dividends to an individual who is a holder of common shares of the company or of the subsidiary of the company. (19) The formula in paragraph (b) of the description of D in subsection 125.7(2.1) of the Act is replaced by the following: E × E.1 (20) Paragraph (b) of the description of D in subsection 125.7(2.1) of the Act is amended by adding the following after the description of E: E.1
is
Chapter 26: An Act to provide further support in response to COVID-19 PART 1 Income Tax Act Amendments to the Act Section 1
(i) $300,000 for the eighth qualifying period to the
twenty-first qualifying period, and (ii) $1,000,000 for the twenty-second qualifying period and subsequent qualifying periods; and
(21) The portion of subsection 125.7(14) of the Act
before the formula is replaced by the following:
Executive compensation (14) The amount of a refund made by the Minister to an
eligible entity in respect of a deemed overpayment under subsection (2) on a particular date under subsection 164(1.6), in respect of any of the seventeenth qualifying period to the twenty-third qualifying period, is deemed to be an amount that has been refunded to the eligible entity on that particular date (for the taxation year in which the refund was made) in excess of the amount to which the eligible entity was entitled as a refund under this Act to the extent of the lesser of the amount of the refund and the amount determined by the formula
(22) Section 125.7 of the Act is amended by adding the following after subsection (14):
Executive compensation (14.1) The amount of a refund made by the Minister to
an eligible entity in respect of a deemed overpayment under subsection (2) on a particular date under subsection 164(1.6), in respect of any of the twenty-fourth qualifying period and any subsequent qualifying period, is deemed to be an amount that has been refunded to the eligible entity on that particular date (for the taxation year in which the refund was made) in excess of the amount to which the eligible entity was entitled as a refund under this Act to the extent of the lesser of the amount of the refund and the amount determined by the formula A−B
where A
is the greater of (a) the
executive compensation amount of the eligible entity, and
repayment
(b) with respect to a qualifying entity that is a
publicly traded company or a subsidiary of such a company, the amount of taxable dividends paid by the company or its subsidiary to an individual who is a holder of common shares of the company or of the subsidiary of the company; and
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is the total of all amounts deemed to be an excess refund to the eligible entity under this subsection in respect of refunds made after the particular date.
B
(23) Subsections (17) and (18) are deemed to have come into force on August 29, 2021.
C.R.C., c. 945
Related Amendments to the Income Tax Regulations 2 Section 8901.1 of the Income Tax Regulations is
renumbered as subsection 8901.1(1) and the following is added after that subsection: (2) For the purposes of subsection 125.7(1) of the Act,
qualifying tourism or hospitality entity, for a qualifying period, means an eligible entity that meets the following conditions: (a) the entity has a prior year revenue decline greater than or equal to 40%; and (b) the total of all amounts, each of which is the eligible entity’s qualifying revenue for the prior reference period for any of the first qualifying period to the thirteenth qualifying period (but including only one of the tenth qualifying period or the eleventh qualifying period), was earned primarily from carrying on one or more of the following activities: (i) operating or managing a facility providing shortterm lodging, such as a hotel, a motel, a cottage, a bed and breakfast or a youth hostel, (ii) preparing and serving meals, snacks and beverages made to order for immediate consumption on or off the premises, (A) such as a restaurant, a food truck, a cafeteria, a caterer, a coffee shop, a food concession, a bar, a pub or a nightclub, and (B) for greater certainty, not including the operation of a facility primarily engaged in retailing food or beverage products, such as a supermarket or a convenience store, (iii) operating a travel agency or as a tour operator,
including:
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(A) acting as an agent for tour operators, transportation companies and short-term lodging establishments in selling travel, tour and accommodation services, or (B) arranging, assembling and marketing tours, (iv) organizing, promoting, hosting, supporting or
participating in events that meet the artistic or cultural interests of their patrons, including live performances or exhibits intended for public viewing, (v) preserving and exhibiting objects, sites and natural wonders of historical, cultural or educational value, such as the operation of a museum, a historic and heritage site, a zoo, a botanical garden or a nature park, (vi) organizing, promoting or supporting scenic
and sightseeing tours, such as sightseeing or dinner cruises, steam train excursions, horse-drawn sightseeing rides, air-boat rides, hot-air balloon rides or charter fishing services, (vii) providing charter bus services, if (A) the buses do not operate on fixed routes and schedules, and (B) the entire vehicle is rented, rather than individual seats, (viii) operating or managing an amusement or theme park, which includes (A) operating a variety of attractions, such as mechanical rides, water rides, games, shows or theme exhibits, and (B) leasing space on a concession basis for these
operations, (ix) operating or managing a facility or providing a service that enables patrons to participate in recreational activities, (A) including (I) fitness and recreational sports centres, (II) downhill and cross-country ski/snowboard areas, and equipment such as ski lifts and tows (including revenues from equipment rental services and ski/snowboard instruction services provided at the area),
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(III) the operation of docking and storage facilities for pleasure-craft owners, with or without related activities, such as retailing fuel and marine supplies, boat repair and maintenance and rental services, (IV) the operation of recreation and amusement facilities and services including establishments primarily engaged in maintaining non-gambling coin-operated amusement devices, in businesses operated by others, and (V) other amusement activities, such as amateur sports clubs, teams or leagues, archery or shooting, ballroom dancing, river rafting, curling clubs, mini golf and bowling, and (B) excluding (I) golf, golf instruction and the ownership or
operation of a facility that is a golf course, a golf driving range, or a golf clubhouse, (II) country clubs, and (III) professional sports clubs, teams or leagues or facilities used primarily by such organizations, (x) operating or managing serviced or unserviced
sites to accommodate campers and their equipment for tents, tent trailers, travel trailers and recreational vehicles, excluding mobile home sites, (xi) operating or managing an overnight recreational camp, such as a children’s camp, a family vacation camp or an outdoor adventure retreat, (xii) operating or managing a hunting camp or a
fishing camp, (xiii) operating or managing a duty-free retail store
at a land border crossing where the only exit route is to the United States, (xiv) operating or managing a facility that is primarily engaged in exhibiting motion pictures, such as a cinema or a drive-in theatre, (xv) operating or managing an amusement arcade,
such as a family fun centre, an indoor play area, a pinball arcade or a video game arcade, (xvi) operating a facility allowing passengers to
board and leave a cruise ship,
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(xvii) operating or managing an airport, including renting hangar space and providing baggage handling, cargo handling and aircraft parking services, (xviii) operating or managing a casino, (xix) promoting a destination or region in Canada for the purpose of attracting tourism, (xx) organizing, planning, promoting, hosting or
supporting: (A) conventions, trade shows or festivals, or (B) weddings, parties or similar events, and (xxi) promoting the interests of the members of an
industry organization or association, if the members are primarily engaged in activities described in any of subparagraphs (i) to (xx).
3 Subsections 8901.2(2) to (7) of the Regulations
are repealed.
Coordinating Amendment 4 If the Regulations Amending the Income Tax
Regulations (COVID-19 — Twenty-Second Qualifying Period) are made by the Governor in Council, subsections 8901.2(0.1) and (8) of the Income Tax Regulations are repealed.
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PART 2
Canada Worker Lockdown Benefit Act Enactment of Act Enactment 5 The Canada Worker Lockdown Benefit Act is
enacted as follows: An Act establishing the Canada worker lockdown benefit
Short Title Short title 1 This Act may be cited as the Canada Worker Lockdown Benefit Act.
Definitions Definitions 2 The following definitions apply in this Act.
benefit period means the period set out in an order made under subsection 3(1). (période de prestations) competent authority means any entity lawfully entitled to impose public health measures, including (a) the Government of Canada; (b) the government of a province or territory; (c) a municipality; (d) a public health authority; and (e) a council, government or other entity that is authorized to act on behalf of an Indigenous group, community or people that holds rights recognized and affirmed by section 35 of the Constitution Act, 1982. (autorité compétente)
COVID-19 means (COVID-19)
the
coronavirus
disease
2019. Her Majesty means Her Majesty in right of Canada. (Sa Majesté)
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lockdown benefit means a Canada worker lockdown benefit referred to in section 8. (prestation de confinement) lockdown order means an order, regulation or other instrument made by a competent authority (a) imposing, for reasons related to COVID-19, among other measures, (i) the closure to the public, in the region specified
in the order, regulation or other instrument, of premises where persons carry out commercial activities or provide services that are not essential to preserving life, health, public safety or basic societal functioning, or (ii) a requirement, applicable in the region specified in the order, regulation or other instrument, that persons stay at home except for reasons that are essential to preserving life, health, public safety or basic societal functioning; and (b) non-compliance with which is an offence or may
result in the imposition of a sanction, including an administrative monetary penalty. (ordre de confinement) lockdown region means the region designated as a lockdown region in an order made under subsection 3(1). (région confinée) medical practitioner means a person who is entitled to practise medicine under the laws of a province. (médecin) Minister means the Minister of Employment and Social Development. (ministre) return of income means a return of income filed or required to be filed under Part I of the Income Tax Act in respect of a taxation year, other than a return of income filed under subsection 70(2) or 104(23), paragraph 128(2)(e) or subsection 150(4) of that Act. (déclaration de revenu) week means the period of seven consecutive days beginning on and including Sunday. (semaine)
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PART 1
Canada Worker Lockdown Benefit Designation of region 3 (1) The Governor in Council, on the recommendation of the Minister, may, for the purposes of this Act, designate by order, for the period set out in the order, any region in Canada as a lockdown region.
Recommendation (2) The Minister may make a recommendation only if
the Minister is of the opinion that it is in the public interest to do so and that measures referred to in subparagraphs (a)(i) and (ii) of the definition lockdown order in section 2 that are set out in one or more lockdown orders apply in respect of a region for a period of at least 14 consecutive days or, if a lower number of days is fixed by regulation, that lower number of consecutive days.
Period (3) The period referred to in subsection (1) must (a) begin on the Sunday of the week in which the measures referred to in subsection (2) begin to apply in the lockdown region, and (b) end on the Saturday of the week in which those measures cease to apply in the lockdown region.
Eligibility 4 (1) A person is eligible for a lockdown benefit for any
week that falls within the period beginning on October 24, 2021 and ending on May 7, 2022 and within a benefit period if (a) they have a valid Social Insurance Number; (b) they were at least 15 years of age on the first day of the week; (c) they were resident and present in Canada during
the week; (d) in the case of an application made in respect of a
week beginning in 2021, they had, for 2020 or in the 12-month period preceding the day on which they make the application, a total income of at least $5,000 from the following sources:
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(i) employment, (ii) self-employment, (iii) benefits to which they were entitled under the
Canada Emergency Response Benefit Act or the Canada Recovery Benefits Act that were paid to them, (iv) benefits, as defined in subsection 2(1) of the
Employment Insurance Act, paid to them under that Act, (v) allowances, money or other benefits paid to them under a provincial plan because of pregnancy or in respect of the care by them of one or more of their newborn children or one or more children placed with them for the purpose of adoption, and (vi) any other source of income that is prescribed
by regulation; (e) in the case of an application made in respect of a week beginning in 2022, they had, for 2020 or for 2021 or in the 12-month period preceding the day on which they make the application, a total income of at least $5,000 from the sources referred to in subparagraphs (d)(i) to (vi); (f) for reasons related to measures imposed by a lockdown order that applies in a lockdown region, (i) they lost their employment in the period that begins on the first day on which the measures referred to in subsection 3(2) began to apply in the lockdown region and that ends on the expiry of the week and they were unemployed during the week, (ii) they were unable, during the week, to perform
the work that they normally performed as a selfemployed person immediately before those measures began to apply in the lockdown region, or (iii) if they were employed during the week or they performed self-employment work during the week, they had a reduction of at least 50% in their average weekly employment income or self-employment income for the week relative to (A) in the case of an application made in respect
of a week beginning in 2021, their total average weekly employment income and selfemployment income for 2020 or in the 12-month period preceding the day on which they make the application, and
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(B) in the case of an application made in respect of a week beginning in 2022, their total average weekly employment income and selfemployment income for 2020 or for 2021 or in the 12-month period preceding the day on which they make the application; (g) no income referred to in any of the following subparagraphs was paid or was payable to them in respect of the week: (i) allowances, money or other benefits paid to them under a provincial plan because of pregnancy or in respect of the care by them of one or more of their newborn children or one or more children placed with them for the purpose of adoption, (ii) a Canada recovery sickness benefit or a Canada
recovery caregiving benefit under the Canada Recovery Benefits Act, (iii) benefits, as defined in subsection 2(1) of the Employment Insurance Act, and (iv) any other income that is prescribed by regulation; (h) during the period beginning on the first day on
which the measures referred to in subsection 3(2) began to apply in the lockdown region and ending on the expiry of the week, they have not quit their employment or voluntarily ceased to work, unless it was reasonable to do so, and they have not (i) failed to return to their employment when it was
reasonable to do so, if their employer had made a request, (ii) failed to resume self-employment when it was
reasonable to do so, or (iii) declined a reasonable offer to work in respect
of work that would have started during the week; (i) they were not, at any time during the week, required to quarantine or isolate themselves under any order made under the Quarantine Act as a result of entering into Canada or (i) if they were required to do so at any time during the week, the only reason for their having been outside Canada was to (A) receive a medical treatment that has been certified by a medical practitioner to be necessary, or
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(B) accompany a person who has been certified
by a medical practitioner to be incapable of travelling without the assistance of an attendant and whose only reason for having been outside Canada was to receive a medical treatment that has been certified by a medical practitioner to be necessary, or (ii) if, as a result of entering into Canada, they were
required to isolate themselves under such an order at any time during the week, they are a person to whom the requirement to quarantine themselves under the order would not have applied had they not been required to isolate themselves; and (j) they have filed a return of income in respect of the 2020 taxation year.
Income from self-employment (2) For the purpose of paragraphs (1)(d) to (f), income from self-employment is revenue from the selfemployment less expenses incurred to earn that revenue.
COVID-19 vaccination — paragraph (1)(f) (3) Despite paragraph (1)(f), a person is not eligible for a
lockdown benefit if they lost their employment, were unable to perform self-employment work or had a reduction in income because they refused to comply with a requirement to be vaccinated against COVID-19.
COVID-19 vaccination — paragraph (1)(h) (4) For the purposes of paragraph (1)(h), the refusal by a person to comply with a requirement to be vaccinated against COVID-19 is not a reasonable excuse to have quit their employment or voluntarily ceased to work or to have done anything referred to in subparagraphs (1)(h)(i) to (iii).
2021 return of income (5) Despite subsection (1), a person who is paid a lockdown benefit in respect of a week beginning in 2021 who
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does not file a return of income for the 2021 taxation year by December 31, 2022 is deemed not to have been entitled to the lockdown benefit in respect of the week.
2021 and 2022 returns of income (6) Despite subsection (1), a person who is paid a lockdown benefit in respect of a week beginning in 2022 who does not file a return of income for the 2021 and 2022 taxation years by December 31, 2023 is deemed not to have been entitled to the lockdown benefit in respect of that week.
Application 5 (1) A person may, in the form and manner established
by the Minister, apply for a lockdown benefit for any week that falls within the period beginning on October 24, 2021 and ending on May 7, 2022 and within a benefit period.
Limitation (2) No application is permitted to be made on any day that is more than 60 days after the end of the week to which the benefit relates. However, an application in relation to any week that ends before the day on which this subsection comes into force may be made within 60 days after the end of the week during which this subsection comes into force.
Attestation 6 (1) Subject to subsection (2), a person must, in their
application, attest that they meet each of the eligibility conditions referred to in paragraphs 4(1)(a) to (j). Exception — paragraphs 4(1)(d) and (e) (2) A person is not required to attest to their income under paragraphs 4(1)(d) and (e) if they have previously received a lockdown benefit and they attest to that fact. Obligation to provide information 7 An applicant must provide the Minister with any information that the Minister may require in respect of the application. Payment of benefit 8 The Minister must pay a Canada worker lockdown benefit to a person who makes an application under section 5 and who is eligible for the benefit.
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Amount of payment 9 The amount of a lockdown benefit for a week is $300.
PART 2
General Regulations 10 The Governor in Council may, by regulation, (a) amend the definition lockdown order in section 2; (b) fix a lower number of days for the purpose of subsection 3(2); (c) prescribe any other source of income for the purpose of subparagraph 4(1)(d)(vi); and (d) prescribe any other income for the purpose of subparagraph 4(1)(g)(iv).
Replacement of May 7, 2022 11 The Governor in Council may, by regulation, on the recommendation of the Minister, amend subsections 4(1) and 5(1) to replace the date of May 7, 2022 by a date not later than July 2, 2022 and, if those provisions are amended by such a regulation, to amend those provisions again by replacing the date set out in them as a result of the previous regulation by a date not later than July 2, 2022.
Social Insurance Number 12 The Minister is authorized to collect and use, for the
purposes of the administration and enforcement of this Act, the Social Insurance Number of a person who makes an application for a lockdown benefit. Provision of information and documents 13 (1) The Minister may, for any purpose related to verifying compliance or preventing non-compliance with this Act, by a notice served personally or by a confirmed delivery service, require that any person provide any information or document within the reasonable time that is stated in the notice.
Obligation to appear (2) The Minister may, for any purpose related to verifying compliance or preventing non-compliance with this Act, require a person who is applying for a lockdown benefit, or who has received such a benefit, to be at a suitable
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place — or to be available by audioconference or videoconference or in any other suitable manner — at a suitable time in order to provide any information or any document about their application for the benefit that the Minister may require in respect of the application.
Entitlement to benefits (3) A person who fails to fulfill or comply with a requirement under subsection (1) or (2) is not eligible for a lockdown benefit in respect of the week to which the application relates.
Minister of Health 14 The Minister of Health may assist the Minister in verifying whether a person meets the eligibility condition referred to in paragraph 4(1)(i) and may, for that purpose, disclose to the Minister personal information obtained under the Quarantine Act in respect of any person who is required to quarantine or isolate themselves under any order made under that Act as a result of entering into Canada, including (a) their name and date of birth; (b) the date on which they entered into Canada; and (c) the date of the last day on which they are or were
required to quarantine or isolate themselves under the order. Payments cannot be charged, etc. 15 A lockdown benefit (a) is not subject to the operation of any law relating
to bankruptcy or insolvency; (b) cannot be assigned, charged, attached or given as
security; (c) cannot be retained by way of deduction, set-off or
compensation under any Act of Parliament other than this Act; and (d) is not garnishable moneys for the purposes of the Family Orders and Agreements Enforcement Assistance Act.
Return of erroneous payment or overpayment 16 (1) If the Minister determines that a person has received a lockdown benefit to which they are not entitled, or an amount in excess of the amount of such a benefit to which they are entitled, the person must repay the amount of the payment or the excess amount, as the case may be, as soon as feasible.
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Recovery as a debt to Her Majesty (2) The amount of the erroneous payment or overpayment, as determined by the Minister, constitutes a debt due to Her Majesty as of the day on which the amount was paid and the debt is payable and may be recovered by the Minister as of the day the Minister determined the amount of the erroneous payment or overpayment. Garnishment — financial institution 17 (1) The Minister may, by a notice served personally or by a confirmed delivery service, order a financial institution, as defined in section 2 of the Bank Act, that holds or maintains a deposit account for a person who is indebted to Her Majesty under this Act to pay to the Receiver General from the deposit account all or part of the amount in respect of which the person is indebted to Her Majesty under this Act on account of the person’s liability to Her Majesty.
Garnishment — employer (2) The Minister may, by a notice served personally or by
a confirmed delivery service, order the employer of a person who is indebted to Her Majesty under this Act to pay to the Receiver General from the remuneration that would be otherwise payable by the employer to the person all or part of the amount in respect of which the person is indebted to Her Majesty under this Act on account of the person’s liability to Her Majesty. Debt to Her Majesty (3) An amount not paid as required by a notice under subsection (1) or (2) is (a) if a day is specified in the notice as being the day on which the amount is to be paid, a debt due to Her Majesty as of the day after the day specified in the notice and the debt is payable and may be recovered by the Minister as of the day after the day specified in the notice; or (b) if no day is specified in the notice as being the day on which the amount is to be paid, a debt due to Her Majesty as of the day after the day on which the notice is served and the debt is payable and may be recovered by the Minister as of the day after the day on which the notice is served.
Discharge of liability (4) The receipt by the Receiver General of money paid as
required under subsection (1) or (2) is a good and sufficient discharge of the original liability of the person to the extent of the payment.
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Reconsideration of application 18 (1) Subject to subsection (5), the Minister may reconsider an application for a lockdown benefit within 36 months after the day on which the benefit has been paid.
Decision (2) If the Minister decides that a person has received money by way of a lockdown benefit to which they were not entitled, or has not received money by way of a lockdown benefit to which they were entitled, the Minister must calculate the amount of the money and notify the person of the Minister’s decision.
Amount repayable (3) Section 16 applies if the Minister decides that a person has received money by way of a lockdown benefit to which they were not entitled. Amount payable (4) If the Minister decides that a person was entitled to
receive money by way of a lockdown benefit, and the money was not paid, the amount calculated under subsection (2) is payable to the person. Extended time to reconsider claim (5) If, in the opinion of the Minister, a false or misleading statement or representation has been made in connection with an application for a lockdown benefit, the Minister has 72 months within which to reconsider the application. Request for review 19 (1) A person who is the subject of a decision of the Minister made under this Act may make a request, in the form and manner established by the Minister, to the Minister for a review of that decision at any time within 30 days after the day on which they are notified of the decision or any further time that the Minister may allow.
Clarification (2) For the purpose of this section, a decision of the Minister includes the issuance of an order under subsection 17(1) or (2) and the person to whom the order is served and the person who would not be paid an amount as the result of the issuance of the order are each deemed to be a person who is the subject of a decision of the Minister.
Review (3) The Minister must review the decision if a request for its review is made under subsection (1). On completion of
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the review, the Minister must confirm, vary or rescind the decision. Notification (4) The Minister must notify the person who made the
request of the Minister’s decision under subsection (3). Certificate of default 20 The amount of any debt due to Her Majesty under
this Act may be certified by the Minister, and registration of the certificate in the Federal Court has the same effect as a judgment of that Court for the amount specified in the certificate and all related registration costs.
Limitation or prescription period 21 (1) Subject to subsections (2) to (7), no action or proceedings are to be taken to recover money owing under this Act after the expiry of the six-year limitation or prescription period that begins on the day on which the money becomes payable. Deduction, set-off or compensation (2) Money owing by a person under this Act may be recovered at any time by way of deduction from, set-off against or compensation against any sum of money, including any lockdown benefit, that may be payable by Her Majesty to the person, other than an amount payable under section 122.61 of the Income Tax Act.
Acknowledgment of liability (3) If a person’s liability for money owing under this Act
is acknowledged in accordance with subsection (5), the time during which the limitation or prescription period has run before the acknowledgment does not count in the calculation of that period. Acknowledgment after expiry of limitation or prescription period (4) If a person’s liability for money owing under this Act
is acknowledged in accordance with subsection (5) after the expiry of the limitation or prescription period, an action or proceedings to recover the money may, subject to subsections (3) and (6), be brought within six years after the date of the acknowledgment.
Types of acknowledgment (5) An acknowledgment of liability means (a) a promise to pay the money owing, made by the person or their agent or mandatary or other representative;
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(b) an acknowledgment of the money owing, made by
the person or their agent or mandatary or other representative, whether or not a promise to pay can be implied from it and whether or not it contains a refusal to pay; (c) a part payment by the person or their agent or
mandatary or other representative of any money owing; or (d) an acknowledgment of the money owing, made in
the course of proceedings under the Bankruptcy and Insolvency Act or any other legislation dealing with the payment of debts, by the person, their agent or mandatary or other representative or the trustee or administrator. Limitation or prescription period suspended (6) The running of a limitation or prescription period in
respect of money owing under this Act is suspended (a) during any period in which it is prohibited to commence or continue an action or other proceedings against the person to recover money owing under this Act; or (b) during any period in which any review of a decision establishing the liability in respect of money owing under this Act is pending.
Enforcement proceedings (7) This section does not apply in respect of an action or proceedings relating to the execution, renewal or enforcement of a judgment.
No interest payable 22 No interest is payable on any debt due to Her Majesty under subsection 17(3), under section 26 and under any provision of this Act as a result of an erroneous payment or overpayment.
Violations 23 (1) A person commits a violation if they (a) knowingly make, in relation to an application for a
lockdown benefit, a representation that is false or misleading; or (b) make an application for, and receive, a lockdown benefit knowing that they are not eligible to receive it.
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Penalty (2) The Minister may impose a penalty on a person if the
Minister is of the opinion that the person has committed a violation. Amount of penalty (3) The Minister may set the amount of the penalty for
each violation at not more than 50% of the lockdown benefit that was or would have been paid as a result of committing the violation. Maximum (4) The maximum amount of all penalties that may be
imposed on a particular person under this section is $5,000. For greater certainty (5) For greater certainty, no penalty may be imposed on
a person if they mistakenly believe that a representation is true or that they were eligible to receive the lockdown benefit, as the case may be. Purpose of penalty (6) The purpose of a penalty is to promote compliance with this Act and not to punish.
Limitation of imposition of penalties 24 A penalty must not be imposed under section 23 if (a) a prosecution for the act that would constitute the
violation has been instituted against the person; or (b) more than three years have passed after the day on which that act occurred.
Rescission or reduction of penalty 25 The Minister may rescind the imposition of a penalty
under section 23, or reduce the penalty, on the presentation of new facts or on being of the opinion that the penalty was imposed without knowledge of, or on the basis of a mistake as to, some material fact. Recovery as debt due to Her Majesty 26 A penalty imposed under section 23 constitutes a
debt due to Her Majesty and the debt is payable and may be recovered by the Minister as of the day on which the penalty is imposed. Offences 27 (1) Every person commits an offence who
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(a) for the purpose of obtaining a lockdown benefit for themselves, knowingly uses false identity information or another person’s identity information; (b) with intent to steal all or a substantial part of another person’s lockdown benefit, counsels that person to apply for the benefit; or (c) knowingly makes, in relation to one or more applications under this Act, three or more representations that are false or misleading, if the total amount of the lockdown benefits that were or would have been paid as a result of the applications is at least $5,000.
For greater certainty (2) For greater certainty, a person does not commit an
offence under paragraph (1)(a) in relation to false identity information if they mistakenly believe that the identity information is not false and does not commit an offence under paragraph (1)(c) if they mistakenly believe that the representations are true. Prosecution (3) No prosecution for an offence under this section may
be instituted if a penalty for the act that would constitute the offence has been imposed under section 23. Punishment (4) Every person who is guilty of an offence under subsection (1) is liable on summary conviction to a fine of not more than the sum of $5,000 plus an amount of not more than double the amount of the lockdown benefit that was or would have been paid as a result of committing the offence, to imprisonment for a term of not more than six months, or to both. Definition of identity information (5) In paragraph (1)(a), identity information has the
same meaning as in section 402.1 of the Criminal Code. Designation — investigators 28 (1) The Minister may designate as an investigator any person or class of persons for the purpose of enforcing section 27.
Authorization (2) The Minister may authorize the Commissioner, as defined in section 2 of the Canada Revenue Agency Act, to designate as an investigator any employee or class of employees of the Agency, as defined in that section 2, for the purpose of enforcing section 27.
Chapter 26: An Act to provide further support in response to COVID-19 PART 2 Canada Worker Lockdown Benefit Act Enactment of Act Sections 5-7
Limitation period (3) Proceedings in respect of an offence under this Act
may be instituted at any time within, but not later than, five years after the day on which the Minister became aware of the subject matter of the prosecution. Consolidated Revenue Fund 29 All money required to do anything in relation to this
Act, including all money required by the Minister to administer and enforce this Act or by the Agency, as defined in section 2 of the Canada Revenue Agency Act, to administer and enforce this Act on behalf of the Minister, may, until March 31, 2026, be paid out of the Consolidated Revenue Fund.
Consequential Amendments R.S., c. 1 (5th Supp.)
Income Tax Act 6 (1) Subparagraph 56(1)(r)(iv.1) of the Income Tax Act is amended by striking out “or” at the end of clause (D) and by adding the following after that clause: (D.1) the Canada Worker Lockdown Benefit Act, or (2) Subsection (1) is deemed to have come into
force on October 24, 2021. 7 (1) Subparagraph 241(4)(d)(vii.7) of the Act is replaced by the following: (vii.7) to an official solely for the purposes of the administration and enforcement of the Canada Recovery Benefits Act or the Canada Worker Lockdown Benefit Act, or the evaluation or formulation of policy for those Acts,
(2) The portion of subparagraph 241(4)(d)(vii.8)
of the Act before clause (A) is replaced by the following: (vii.8) to an official, if the taxpayer information is taxpayer information of an individual who has made an application under the Canada Recovery Benefits Act or the Canada Worker Lockdown Benefit Act, solely for the purposes of the evaluation or formulation of policy for a program administered and enforced by
Chapter 26: An Act to provide further support in response to COVID-19 PART 2 Canada Worker Lockdown Benefit Act Consequential Amendments Income Tax Act Sections 7-9
(3) The portion of subparagraph 241(4)(d)(vii.9)
of the Act before clause (A) is replaced by the following: (vii.9) to an official of a department or agency of the Government of Canada or of a provincial government (or to an individual who occupies a similar position in connection with an Aboriginal government) as to the name, Social Insurance Number, date of birth, address, telephone number, email address or occupation of an individual who has made an application under the Canada Recovery Benefits Act or the Canada Worker Lockdown Benefit Act, solely for the purposes of
C.R.C., c. 945
Income Tax Regulations 8 (1) Paragraph 103(6)(h) of the Income Tax Regulations is replaced by the following: (h) a payment made under the (i) Canada Recovery Benefits Act, or (ii) Canada Worker Lockdown Benefit Act.
(2) Subsection (1) is deemed to have come into force on October 24, 2021.
PART 3 2020, c. 12, s. 2
Canada Recovery Benefits Act
Amendments to the Act 9 (1) The portion of subsection 10(1) of the
Canada Recovery Benefits Act before paragraph (a) is replaced by the following:
Chapter 26: An Act to provide further support in response to COVID-19 PART 3 Canada Recovery Benefits Act Amendments to the Act Sections 9-10
Eligibility 10 (1) A person is eligible for a Canada recovery sickness benefit for any week falling within the period beginning on September 27, 2020 and ending on May 7, 2022 if
(2) Subsection 10(1) of the Act is amended by adding the following after paragraph (e): (e.1) in the case of an application made under section
11 in respect of a week beginning in 2022, they had, for 2019, 2020 or 2021 or in the 12-month period preceding the day on which they make the application, a total income of at least $5,000 from the sources referred to in subparagraphs (d)(i) to (v); (3) Paragraph 10(1)(g) of the Act is amended by striking out “and” after subparagraph (iii) and by adding the following after that subparagraph: (iii.1) a lockdown benefit, as defined in section 2
of the Canada Worker Lockdown Benefit Act, and (4) Subsection 10(2) of the Act is replaced by the following:
Income from self-employment (2) For the purpose of paragraphs (1)(d) to (e.1), income
from self-employment is revenue from the selfemployment less expenses incurred to earn that revenue. 10 Section 11 of the Act is replaced by the following:
Application 11 (1) A person may, in the form and manner established by the Minister, apply for a Canada recovery sickness benefit for any week falling within the period beginning on September 27, 2020 and ending on May 7, 2022.
Limitation (2) No application is permitted to be made on any day that is more than 60 days after the end of the week to which the benefit relates. However, an application in relation to any week that begins after November 20, 2021 and ends before the day on which this subsection comes into force may be made within 60 days after the end of the week during which this subsection comes into force.
Chapter 26: An Act to provide further support in response to COVID-19 PART 3 Canada Recovery Benefits Act Amendments to the Act Sections 11-13
11 Subsection 12(2) of the Act is replaced by the
following: Exception — paragraphs 10(1)(d) to (e.1) (2) A person is not required to attest to their income under paragraphs 10(1)(d) to (e.1) if they have previously received any benefit under this Act and they attest to that fact. 12 Subsection 16(1) of the Act is replaced by the following:
Maximum number of weeks 16 (1) The maximum number of weeks in respect of which a Canada recovery sickness benefit is payable to a person is six or, if another maximum number of weeks is fixed by regulation, that maximum number.
13 (1) The portion of subsection 17(1) of the Act before paragraph (a) is replaced by the following:
Eligibility 17 (1) A person is eligible for a Canada recovery caregiving benefit for any week falling within the period beginning on September 27, 2020 and ending on May 7, 2022 if
(2) Subsection 17(1) of the Act is amended by adding the following after paragraph (e): (e.1) in the case of an application made under section
18 in respect of a week beginning in 2022, they had, for 2019, 2020 or 2021 or in the 12-month period preceding the day on which they make the application, a total income of at least $5,000 from the sources referred to in subparagraphs (d)(i) to (v); (3) Paragraph 17(1)(g) of the Act is amended by striking out “and” at the end of subparagraph (iii) and by adding the following after that subparagraph: (iii.1) a lockdown benefit, as defined in section 2 of the Canada Worker Lockdown Benefit Act, and
(4) Subsection 17(2) of the Act is replaced by the following:
Chapter 26: An Act to provide further support in response to COVID-19 PART 3 Canada Recovery Benefits Act Amendments to the Act Sections 13-16
Income from self-employment (2) For the purpose of paragraphs (1)(d) to (e.1), income from self-employment is revenue from the selfemployment less expenses incurred to earn that revenue. 14 Section 18 of the Act is replaced by the following:
Application 18 (1) A person may, in the form and manner established by the Minister, apply for a Canada recovery caregiving benefit for any week falling within the period beginning on September 27, 2020 and ending on May 7, 2022.
Limitation (2) No application is permitted to be made on any day
that is more than 60 days after the end of the week to which the benefit relates. However, an application in relation to any week that begins after November 20, 2021 and ends before the day on which this subsection comes into force may be made within 60 days after the end of the week during which this subsection comes into force. 15 Subsection 19(2) of the Act is replaced by the
following: Exception — paragraphs 17(1)(d) to (e.1) (2) A person is not required to attest to their income under paragraphs 17(1)(d) to (e.1) if they have previously received any benefit under this Act and they attest to that fact. 16 Subsections 23(1) and (2) of the Act are replaced by the following:
Maximum number of weeks for a person 23 (1) Subject to subsection (2), the maximum number
of weeks in respect of which a Canada recovery caregiving benefit is payable to a person is 44 or, if another maximum number of weeks is fixed by regulation, that maximum number.
Maximum number of weeks for household members (2) The maximum number of weeks in respect of which a Canada recovery caregiving benefit is payable to all of the persons residing in the same household is 44 or, if another maximum number of weeks is fixed by regulation for the purpose of subsection (1), that maximum number.
Chapter 26: An Act to provide further support in response to COVID-19 PART 3 Canada Recovery Benefits Act Amendments to the Act Sections 17-19.1
17 Section 24.1 of the Act is replaced by the following: Replacement of May 7, 2022 24.1 The Governor in Council may, by regulation, on the
recommendation of the Minister, amend any of the following provisions to replace the date of May 7, 2022 by a date not later than July 2, 2022 and, if any of the following provisions was amended by such a regulation, to amend the provision again by replacing the date set out in it as a result of the previous regulation by a date not later than July 2, 2022: (a) subsection 10(1); (b) subsection 11(1); (c) subsection 17(1); and (d) subsection 18(1).
18 Section 41 of the Act is replaced by the following:
Consolidated Revenue Fund 41 All money required to do anything in relation to this
Act, including all money required by the Minister to administer and enforce this Act or by the Agency, as defined in section 2 of the Canada Revenue Agency Act, to administer and enforce this Act on behalf of the Minister, may, until March 31, 2026, be paid out of the Consolidated Revenue Fund.
SOR/2021-35
Related Amendment to the Canada Recovery Benefits Regulations 19 Section 3 of the Canada Recovery Benefits
Regulations is repealed.
PART 3.1
Review of Acts 19.1 (1) The Auditor General of Canada must, during the first year after the coming into force of this section, complete a performance audit of
Chapter 26: An Act to provide further support in response to COVID-19 PART 3.1 Review of Acts Sections 19.1-20
(a) the benefits paid under the Canada Worker
Lockdown Benefit Act and the Canada Recovery Benefits Act; (b) the benefits paid under the Canada Emergency Response Benefit and the Canada Emergency Wage Subsidy programs; (c) the efficiency of the benefits referred to in paragraphs (a) and (b) and the means to measure the effectiveness of those benefits; and (d) any payments made under the Canada Emergency Response Benefit, the Canada Emergency Wage Subsidy, the Canada Worker Lockdown Benefit Act and the Canada Recovery Benefits Act to ineligible recipients and the response of the Canada Revenue Agency with respect to those payments.
(2) A report on the review completed under subsection (1) must be submitted to the Speaker of the House of Commons, who must table it before that House as soon as feasible after receiving it, or if the House is not then sitting, on the first day of the next sitting of the House.
PART 4 R.S., c. L-2
Canada Labour Code Amendments to the Act 20 (1) Subsection 187.1(1) of the Canada Labour Code is replaced by the following:
Interruption 187.1 (1) An employee may interrupt a vacation granted to them under this Division in order to permit them to take a leave of absence under Division VII or VIII or section 247.5 or to be absent due to a reason referred to in subsection 239(1) or (1.1), 239.01(1) or 239.1(1). (2) Subsection 187.1(1) of the Act is replaced by
the following:
Chapter 26: An Act to provide further support in response to COVID-19 PART 4 Canada Labour Code Amendments to the Act Sections 20-22
Interruption 187.1 (1) An employee may interrupt a vacation granted to them under this Division in order to permit them to take a leave of absence under Division VII or VIII or section 247.5 or to be absent due to a reason referred to in subsection 239(1) or (1.1) or 239.1(1). (3) Section 187.1 of the Act is amended by adding
the following after subsection (3):
Application of subsection 239.01(14) (3.1) If an employee interrupts a vacation to be absent
due to a reason referred to in subsection 239.01(1) and resumes the vacation immediately at the end of that leave, subsection 239.01(14) applies to them as if they did not resume the vacation before returning to work. (4) Subsection 187.1(3.1) of the Act is repealed.
21 (1) Subsection 187.2(1) of the Act is replaced by the following:
Postponement 187.2 (1) Despite paragraph 185(a) or any term or condition of employment, an employee may postpone their vacation until after the day on which a leave of absence taken under Division VII or VIII or section 247.5, or an absence due to a reason referred to in subsection 239(1) or (1.1), 239.01(1) or 239.1(1), ends. (2) Subsection 187.2(1) of the Act is replaced by the following:
Postponement 187.2 (1) Despite paragraph 185(a) or any term or condition of employment, an employee may postpone their vacation until after the day on which a leave of absence taken under Division VII or VIII or section 247.5, or an absence due to a reason referred to in subsection 239(1) or (1.1) or 239.1(1), ends. 22 (1) Subsection 206.1(2.1) of the Act is replaced by the following:
Extension of period (2.1) The period referred to in subsection (2) is extended
by the number of weeks during which the employee is on leave under any of sections 206.3 to 206.5 and 206.9, is absent due to a reason referred to in subsection 239(1) or (1.1), 239.01(1) or 239.1(1) or is on leave under any of paragraphs 247.5(1)(a), (b) and (d) to (g).
Chapter 26: An Act to provide further support in response to COVID-19 PART 4 Canada Labour Code Amendments to the Act Sections 22-23
(2) Subsection 206.1(2.1) of the Act is replaced by
the following: Extension of period (2.1) The period referred to in subsection (2) is extended
by the number of weeks during which the employee is on leave under any of sections 206.3 to 206.5 and 206.9, is absent due to a reason referred to in subsection 239(1) or (1.1) or 239.1(1) or is on leave under any of paragraphs 247.5(1)(a), (b) and (d) to (g). (3) Subsection 206.1(2.4) of the Act is replaced by the following:
Interruption (2.4) The employee may interrupt the leave referred to
in subsection (1) in order to permit the employee to take leave under any of sections 206.3 to 206.5 and 206.9, to be absent due to a reason referred to in subsection 239(1) or (1.1), 239.01(1) or 239.1(1) or to take leave under any of paragraphs 247.5(1)(a), (b) and (d) to (g). (4) Subsection 206.1(2.4) of the Act is replaced by
the following: Interruption (2.4) The employee may interrupt the leave referred to
in subsection (1) in order to permit the employee to take leave under any of sections 206.3 to 206.5 and 206.9, to be absent due to a reason referred to in subsection 239(1) or (1.1) or 239.1(1) or to take leave under any of paragraphs 247.5(1)(a), (b) and (d) to (g). (5) Section 206.1 of the Act is amended by adding
the following after subsection (4):
Exception — leave related to COVID-19 (4.1) Except to the extent that it is inconsistent with subsection 239.01(14), section 209.1 applies to an employee who interrupted the leave referred to in subsection (1) in order to be absent due to a reason referred to in subsection 239.01(1). (6) Subsection 206.1(4.1) of the Act is repealed.
23 (1) Subsection 207.02(1) of the Act is replaced by the following:
Interruption 207.02 (1) An employee may interrupt a leave of absence referred to in any of sections 206.3 to 206.5 in order to be absent due to a reason referred to in subsection 239(1) or (1.1), 239.01(1) or 239.1(1).
Chapter 26: An Act to provide further support in response to COVID-19 PART 4 Canada Labour Code Amendments to the Act Sections 23-24
(2) Subsection 207.02(1) of the Act is replaced by
the following: Interruption 207.02 (1) An employee may interrupt a leave of absence referred to in any of sections 206.3 to 206.5 in order to be absent due to a reason referred to in subsection 239(1) or (1.1) or 239.1(1). (3) Section 207.02 of the Act is amended by adding
the following after subsection (3):
Exception — leave related to COVID-19 (3.1) Except to the extent that it is inconsistent with subsection 239.01(14), section 209.1 applies to an employee who interrupted the leave in order to be absent due to a reason referred to in subsection 239.01(1). (4) Subsection 207.02(3.1) of the Act is repealed.
24 (1) The Act is amended by adding the following after section 239:
DIVISION XIII.01
Leave Related to COVID-19 Entitlement to leave 239.01 (1) Subject to subsection (9), every employee is entitled to and shall be granted a leave of absence from employment of (a) up to six weeks — or, if another number of weeks
is fixed by regulation for the purposes of this paragraph or of subsection 16(1) of the Canada Recovery Benefits Act, that number of weeks or, if more than one number of weeks is so fixed, the highest of the numbers so fixed — if the employee is unable to work because (i) they contracted or might have contracted COVID-19, (ii) they have underlying conditions, are undergoing treatments or have contracted other sicknesses that, in the opinion of a medical practitioner, nurse practitioner, person in authority, government or public health authority, would make them more susceptible to COVID-19, or (iii) they have isolated themselves on the advice of
their employer, a medical practitioner, nurse
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practitioner, person in authority, government or public health authority for reasons related to COVID-19; and (b) subject to subsection (3), up to 44 weeks — or, if another number of weeks is fixed by regulation for the purposes of this paragraph or of subsection 23(1) of the Canada Recovery Benefits Act, that number of weeks or, if more than one number of weeks is so fixed, the highest of the numbers so fixed — if the employee is unable to work because (i) they must care for a child who is under 12 years of age on the first day of the period of leave because (A) the school or other facility that the child normally attends is, for reasons related to COVID-19, closed, open only at certain times or open only for certain children, (B) the child cannot attend the school or other
facility because (I) the child contracted or might have contracted COVID-19, (II) the child is in isolation on the advice of a medical practitioner, nurse practitioner, person in authority, government or public health authority for reasons related to COVID-19, or (III) the child would, in the opinion of a medical practitioner or nurse practitioner, be at risk of having serious health complications if the child contracted COVID-19, or (C) the person who usually cares for the child is
not available for reasons related to COVID-19, or (ii) they must care for a family member who requires supervised care because (A) the day program or facility that the family member normally attends is, for reasons related to COVID-19, unavailable or closed, available or open only at certain times or available or open only for certain persons, (B) the family member cannot attend the day
program or facility because (I) the family member contracted or might
have contracted COVID-19, (II) the family member is in isolation on the
advice of their employer, a medical practitioner, nurse practitioner, person in authority,
Chapter 26: An Act to provide further support in response to COVID-19 PART 4 Canada Labour Code Amendments to the Act Section 24
government or public health authority for reasons related to COVID-19, or (III) the family member would, in the opinion
of a medical practitioner or nurse practitioner, be at risk of having serious health complications if the family member contracted COVID-19, or (C) the care services that are normally provided to the family member at their place of residence are not available for reasons related to COVID-19.
Definitions (2) The following definitions apply in subsection (1).
COVID-19 means (COVID-19)
the
coronavirus
disease
2019. family member, in respect of a person, includes anyone whom the person considers to be like a close relative or who considers the person to be like a close relative. (membre de la famille) medical practitioner means a person who is entitled to practise medicine under the laws of a province. (médecin) nurse practitioner means a registered nurse who, under the laws of a province, is entitled to practise as a nurse practitioner — or under an equivalent designation — and to autonomously make diagnoses, order and interpret diagnostic tests, prescribe substances and treat patients. (infirmier praticien) Aggregate leave — paragraph (1)(b) (3) Subject to subsection (5), the aggregate amount of
leave that an employee may take under paragraph (1)(b) is not to exceed 44 weeks or, if another number of weeks is fixed by regulation for the purposes of that paragraph or of subsection 23(1) of the Canada Recovery Benefits Act, that number of weeks or, if more than one number of weeks is so fixed, the highest of the numbers so fixed.
Chapter 26: An Act to provide further support in response to COVID-19 PART 4 Canada Labour Code Amendments to the Act Section 24
Extension — employee on leave (4) An employee who, at the time this subsection comes into force, is on leave under paragraph 239.01(1)(a) or (b) of this Act, as it read on November 20, 2021, is entitled to extend their leave up to the maximum number of weeks provided for in paragraph (1)(a) or (b), as the case may be.
Aggregate leave — more than one employee (5) The aggregate amount of leave that may be taken under paragraph (1)(b) by two or more employees who reside in the same household is not to exceed 44 weeks or, if another number of weeks is fixed by regulation for the purposes of that paragraph or of subsection 23(1) of the Canada Recovery Benefits Act, that number of weeks or, if more than one number of weeks is so fixed, the highest of the numbers so fixed.
Aggregate leave — previous periods of leave (6) Any period of leave taken by an employee under
paragraph 239.01(1)(b) of this Act, as it read at any time before November 20, 2021, is to be included when calculating the aggregate amount of leave referred to in subsections (3) and (5). Division of leave (7) The leave of absence may be taken in one or more periods. The employer may require that each period of leave be not less than one day’s duration. Limitation (8) If two or more employees reside in the same household, only one of them may take a leave of absence under paragraph (1)(b) during any particular period. Notice to employer (9) An employee who intends to take a leave of absence under this Division must, as soon as possible, give written notice to the employer of the reasons for the leave and the length of the leave that they intend to take.
Change in length of leave (10) An employee must, as soon as possible, give written
notice to the employer of any change in the length of the leave of absence taken under this Division.
Written declaration (11) The employer may require an employee to provide a
written declaration in support of the reasons for the leave of absence taken under this Division and of any change in the length of that leave.
Chapter 26: An Act to provide further support in response to COVID-19 PART 4 Canada Labour Code Amendments to the Act Section 24
Employment opportunities (12) An employee is entitled, on written request, to be
informed in writing of every employment, promotion or training opportunity that arises during the period when the employee is on a leave of absence under this Division and for which the employee is qualified, and on receiving that request, the employer must provide the information to the employee. Prohibition (13) Subject to subsection (14), an employer is prohibited from dismissing, suspending, laying off, demoting or disciplining an employee because the employee intends to take or has taken a leave of absence under this Division or taking such an intention or absence into account in any decision to promote or train the employee.
Exception (14) An employer may assign to a different position, with different terms and conditions of employment, any employee who, after a leave of absence under this Division, is unable to perform the work performed by the employee prior to the absence.
Benefits continue (15) The pension, health and disability benefits and the
seniority of an employee who is absent from work due to a leave of absence under this Division accumulate during the entire period of the leave.
Contributions by employee (16) If contributions are required from an employee in
order for the employee to be entitled to a benefit referred to in subsection (15), the employee is responsible for and must, within a reasonable time, pay those contributions for the period of any leave of absence under this Division unless, at the commencement of the absence or within a reasonable time after, the employee notifies the employer of the employee’s intention to discontinue contributions during that period. Contributions by employer (17) An employer who pays contributions in respect of a
benefit referred to in subsection (15) must continue to pay those contributions during an employee’s leave of absence under this Division in at least the same proportion as if the employee were not absent, unless the employee does not pay the employee’s contributions, if any, within a reasonable time.
Chapter 26: An Act to provide further support in response to COVID-19 PART 4 Canada Labour Code Amendments to the Act Sections 24-26
Failure to pay contributions (18) For the purposes of calculating the pension, health
and disability benefits of an employee in respect of whom contributions have not been paid as required by subsections (16) and (17), the benefits do not accumulate during the leave of absence under this Division and employment on the employee’s return to work is deemed to be continuous with employment before the employee’s absence. Deemed continuous employment (19) For the purposes of calculating benefits, other than
benefits referred to in subsection (15), of an employee who is absent from work due to a leave of absence under this Division, employment on the employee’s return to work is to be deemed to be continuous with employment before the employee’s absence. Regulations (20) The Governor in Council may, by regulation, (a) define terms for the purposes of this Division; and (b) fix a number of weeks for the purposes of paragraph (1)(a) or (b).
(2) Division XIII.01 of the Act is repealed. 25 (1) Subsection 246.1(1) of the Act is amended by adding the following after paragraph (a): (a.1) the employer has taken action against the employee in contravention of section 239.01; (2) Paragraph 246.1(1)(a.1) of the Act is repealed.
2021, c. 23
Related Amendment to the Budget Implementation Act, 2021, No. 1 26 The portion of section 345 of the Budget Implementation Act, 2021, No. 1 before paragraph (a) is replaced by the following: An Act to provide further support in response to COVID-19 345 On the first day on which both subsection 340(1) of this Act and subsection 20(2) of An Act to provide further support in response to COVID-19 are in force
Chapter 26: An Act to provide further support in response to COVID-19 PART 4 Canada Labour Code Coordinating Amendments Section 27
Coordinating Amendments 2021, c. 23 27 (1) If section 345 of the Budget Implementation Act, 2021, No. 1 produces its effects before this Act receives royal assent, then (a) subsection 20(1) of this Act is deemed never to have come into force and subsections 20(1) and (2) of this Act are replaced by the following:
187.1(1) of the Canada Labour Code is replaced by the following:
20 (1.1) Subsection
Interruption 187.1 (1) An employee may interrupt a vacation granted to them under this Division in order to permit them to take a leave of absence under Division VII or VIII or section 247.5 or to be absent due to a reason referred to in subsection 239(1), 239.01(1) or 239.1(1). (2) Subsection 187.1(1) of the Act is replaced by
the following: Interruption 187.1 (1) An employee may interrupt a vacation granted to them under this Division in order to permit them to take a leave of absence under Division VII or VIII or section 247.5 or to be absent due to a reason referred to in subsection 239(1) or 239.1(1). (b) subsection 21(1) of this Act is deemed never to have come into force and subsections 21(1) and (2) of this Act are replaced by the following: 21 (1.1) Subsection 187.2(1) of the Act is replaced by the following:
Postponement 187.2 (1) Despite paragraph 185(a) or any term or condition of employment, an employee may postpone their vacation until after the day on which a leave of absence taken under Division VII or VIII or section 247.5, or an absence due to a reason referred to in subsection 239(1), 239.01(1) or 239.1(1), ends. (2) Subsection 187.2(1) of the Act is replaced by
the following: Postponement 187.2 (1) Despite paragraph 185(a) or any term or condition of employment, an employee may postpone their
Chapter 26: An Act to provide further support in response to COVID-19 PART 4 Canada Labour Code Coordinating Amendments Section 27
vacation until after the day on which a leave of absence taken under Division VII or VIII or section 247.5, or an absence due to a reason referred to in subsection 239(1) or 239.1(1), ends. (c) subsections 22(1) and (3) of this Act are deemed never to have come into force and subsections 22(1) to (4) of this Act are replaced by the following: 22 (1.1) Subsection 206.1(2.1) of the Act is replaced by the following: Extension of period (2.1) The period referred to in subsection (2) is extended
by the number of weeks during which the employee is on leave under any of sections 206.3 to 206.5 and 206.9, is absent due to a reason referred to in subsection 239(1), 239.01(1) or 239.1(1) or is on leave under any of paragraphs 247.5(1)(a), (b) and (d) to (g). (2) Subsection 206.1(2.1) of the Act is replaced by
the following: Extension of period (2.1) The period referred to in subsection (2) is extended
by the number of weeks during which the employee is on leave under any of sections 206.3 to 206.5 and 206.9, is absent due to a reason referred to in subsection 239(1) or 239.1(1) or is on leave under any of paragraphs 247.5(1)(a), (b) and (d) to (g). (3.1) Subsection 206.1(2.4) of the Act is replaced by the following:
Interruption (2.4) The employee may interrupt the leave referred to
in subsection (1) in order to permit the employee to take leave under any of sections 206.3 to 206.5 and 206.9, to be absent due to a reason referred to in subsection 239(1), 239.01(1) or 239.1(1) or to take leave under any of paragraphs 247.5(1)(a), (b) and (d) to (g). (4) Subsection 206.1(2.4) of the Act is replaced by
the following: Interruption (2.4) The employee may interrupt the leave referred to
in subsection (1) in order to permit the employee to take leave under any of sections 206.3 to 206.5 and 206.9, to be absent due to a reason referred to in subsection 239(1) or 239.1(1) or to take leave under any of paragraphs 247.5(1)(a), (b) and (d) to (g).
Chapter 26: An Act to provide further support in response to COVID-19 PART 4 Canada Labour Code Coordinating Amendments Sections 27-28
(d) subsection 23(1) of this Act is deemed never
to have come into force and subsections 23(1) and (2) of this Act are replaced by the following: 23 (1.1) Subsection 207.02(1) of the Act is replaced
by the following: Interruption 207.02 (1) An employee may interrupt a leave of absence referred to in any of sections 206.3 to 206.5 in order to be absent due to a reason referred to in subsection 239(1), 239.01(1) or 239.1(1). (2) Subsection 207.02(1) of the Act is replaced by
the following: Interruption 207.02 (1) An employee may interrupt a leave of absence referred to in any of sections 206.3 to 206.5 in order to be absent due to a reason referred to in subsection 239(1) or 239.1(1). (e) section 26 of this Act and the heading before it are deemed never to have come into force and are repealed. (2) If section 345 of the Budget Implementation Act, 2021, No. 1 produces its effects on the day on which this Act receives royal assent, then this Act is deemed to have received royal assent before that section 345 produces its effects.
2020, c. 12, s. 2 28 (1) If a regulation made under section 24.1 of
the Canada Recovery Benefits Act, as amended by section 17 of this Act, amends, in accordance with that section 24.1, subsection 10(1) of that Act to replace the date set out in that subsection, and no regulation has been made on or before May 7, 2022 under that section 24.1 to amend, in accordance with that section 24.1, subsection 17(1) of that Act to replace the date set out in that subsection, then paragraph 239.01(1)(b) of the Canada Labour Code ceases to apply on May 7, 2022. (2) If a regulation made under section 24.1 of the
Canada Recovery Benefits Act, as amended by section 17 of this Act, amends, in accordance with that section 24.1, subsection 10(1) of that Act to replace the date set out in that subsection, then, on the day on which the regulation comes into force,
Chapter 26: An Act to provide further support in response to COVID-19 PART 4 Canada Labour Code Coordinating Amendments Section 28
(a) the date set out in subsection 29(1) of this
Act is replaced by the date set out in that subsection 10(1), as amended by that regulation; and (b) the date set out in subsection 29(2) of this
Act is replaced by the date of the day after the date set out in that subsection 10(1), as amended by that regulation. (3) If a regulation made under section 24.1 of the
Canada Recovery Benefits Act, as amended by section 17 of this Act, amends, in accordance with that section 24.1, subsection 17(1) of that Act to replace the date set out in that subsection, and no regulation has been made on or before May 7, 2022 under that section 24.1 to amend, in accordance with that section 24.1, subsection 10(1) of that Act to replace the date set out in that subsection, then paragraph 239.01(1)(a) of the Canada Labour Code ceases to apply on May 7, 2022. (4) If a regulation made under section 24.1 of the
Canada Recovery Benefits Act, as amended by section 17 of this Act, amends, in accordance with that section 24.1, subsection 17(1) of that Act to replace the date set out in that subsection, then, on the day on which the regulation comes into force, (a) the date set out in subsection 29(1) of this
Act is replaced by the date set out in that subsection 17(1), as amended by that regulation; and (b) the date set out in subsection 29(2) of this
Act is replaced by the date of the day after the date set out in that subsection 17(1), as amended by that regulation. (5) If a regulation made under section 24.1 of the
Canada Recovery Benefits Act, as amended by section 17 of this Act, amends, in accordance with that section 24.1, subsections 10(1) and 17(1) of that Act to replace the date set out in those subsections with a date that is the same in both subsections, then subsection (4) does not apply. (6) If a regulation made under section 24.1 of the
Canada Recovery Benefits Act, as amended by section 17 of this Act, amends, in accordance with that section 24.1, subsection 10(1) of that Act to replace the date set out in that subsection and a regulation made under that section 24.1 amends,
Chapter 26: An Act to provide further support in response to COVID-19 PART 4 Canada Labour Code Coordinating Amendments Sections 28-29
in accordance with that section 24.1, subsection 17(1) of that Act to replace the date set out in that subsection 17(1) and the dates in the amendments are not the same, then, on the first day on which both those regulations are in force, (a) if the later of the dates, as amended by one of the regulations, is the date set out in that subsection 17(1), (i) subsection (2) is deemed never to have
applied, and (ii) paragraph 239.01(1)(a) of the Canada Labour Code ceases to apply on the date set out in that subsection 10(1), as amended by the regulation; and (b) if the later of the dates, as amended by one of the regulations, is the date set out in that subsection 10(1), (i) subsection (4) is deemed never to have
applied, and (ii) paragraph 239.01(1)(b) of the Canada Labour Code ceases to apply on the date set out in that subsection 17(1), as amended by the regulation.
Coming into Force May 7, 2022 29 (1) Subsections 20(4), 22(6), 23(4), 24(2) and 25(2) come into force on May 7, 2022.
May 8, 2022 (2) Subsections 20(2), 21(2), 22(2) and (4) and 23(2) come into force on May 8, 2022.
Published under authority of the Speaker of the House of Commons 2021
Disponible sur le site Web de la Chambre des comm
|
First Session, Forty-fourth Parliament, 70 Elizabeth II, 2021
STATUTES OF CANADA 2021
CHAPTER 24
An Act to amend the Criminal Code (conversion therapy)
ASSENTED TO DECEMBER 8, 2021 BILL C-4
SUMMARY This enactment amends the Criminal Code to, among other things, create the following offences: (a) causing another person to undergo conversion therapy; (b) doing anything for the purpose of removing a child from Canada with the intention that the child undergo conversion therapy outside Canada; (c) promoting or advertising conversion therapy; and (d) receiving a financial or other material benefit from the provision of conversion therapy. It also amends the Criminal Code to authorize courts to order that advertisements for conversion therapy be disposed of or deleted.
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70 ELIZABETH II
CHAPTER 24
An Act to amend the Criminal Code (conversion therapy) [Assented to 8th December, 2021] Preamble Whereas conversion therapy causes harm to the persons who are subjected to it;
Whereas conversion therapy causes harm to society because, among other things, it is based on and propagates myths and stereotypes about sexual orientation, gender identity and gender expression, including the myth that heterosexuality, cisgender gender identity, and gender expression that conforms to the sex assigned to a person at birth are to be preferred over other sexual orientations, gender identities and gender expressions; And whereas, in light of those harms, it is important to discourage and denounce the provision of conversion therapy in order to protect the human dignity and equality of all Canadians; Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: R.S., c. C-46
Criminal Code 1 (1) Subsection 164(1) of the Criminal Code is amended by striking out “or” at the end of paragraph (d), by adding “or” at the end of paragraph (e) and by adding the following after paragraph (e): (f) the representation, written material or recording, copies of which are kept in premises within the jurisdiction of the court, is an advertisement for conversion therapy.
Chapter 24: An Act to amend the Criminal Code (conversion therapy) Criminal Code Section 1
2018, c. 29, s. 12(2)
(2) Subsections 164(3) to (5) of the Act are replaced by the following: Owner and maker may appear (3) The owner and the maker of the matter seized under
subsection (1), and alleged to be obscene, child pornography, a voyeuristic recording, an intimate image, an advertisement of sexual services or an advertisement for conversion therapy, may appear and be represented in the proceedings to oppose the making of an order for the forfeiture of the matter.
Order of forfeiture (4) If the court is satisfied, on a balance of probabilities, that the publication, representation, written material or recording referred to in subsection (1) is obscene, child pornography, a voyeuristic recording, an intimate image, an advertisement of sexual services or an advertisement for conversion therapy, it may make an order declaring the matter forfeited to Her Majesty in right of the province in which the proceedings take place, for disposal as the Attorney General may direct.
Disposal of matter (5) If the court is not satisfied that the publication, representation, written material or recording referred to in subsection (1) is obscene, child pornography, a voyeuristic recording, an intimate image, an advertisement of sexual services or an advertisement for conversion therapy, it shall order that the matter be restored to the person from whom it was seized without delay after the time for final appeal has expired. 2014, c. 25, s. 46(4)
(3) Subsection 164(7) of the Act is replaced by the
following: Consent (7) If an order is made under this section by a judge in a
province with respect to one or more copies of a publication, a representation, written material or a recording, no proceedings shall be instituted or continued in that province under section 162, 162.1, 163, 163.1, 286.4 or 320.103 with respect to those or other copies of the same publication, representation, written material or recording without the consent of the Attorney General.
Chapter 24: An Act to amend the Criminal Code (conversion therapy) Criminal Code Sections 1-2
(4) Subsection 164(8) of the Act is amended by adding the following in alphabetical order:
advertisement for conversion therapy means any material — including a photographic, film, video, audio or other recording, made by any means, a visual representation or any written material — that is used to promote or advertise conversion therapy contrary to section 320.103; (publicité de thérapie de conversion)
2014, c. 25, s. 46(5)
2 (1) The portion of subsection 164.1(1) of the Act before paragraph (a) is replaced by the following:
Warrant of seizure 164.1 (1) If a judge is satisfied by information on oath
that there are reasonable grounds to believe that there is material — namely, child pornography as defined in section 163.1, a voyeuristic recording, an intimate image, an advertisement of sexual services or an advertisement for conversion therapy, or computer data as defined in subsection 342.1(2) that makes child pornography, a voyeuristic recording, an intimate image, an advertisement of sexual services or an advertisement for conversion therapy available — that is stored on and made available through a computer system as defined in subsection 342.1(2) that is within the jurisdiction of the court, the judge may order the custodian of the computer system to 2014, c. 25, s. 46(6)
(2) Subsection 164.1(5) of the Act is replaced by the following:
Order (5) If the court is satisfied, on a balance of probabilities,
that the material is child pornography as defined in section 163.1, a voyeuristic recording, an intimate image, an advertisement of sexual services or an advertisement for conversion therapy, or computer data as defined in subsection 342.1(2) that makes child pornography, the voyeuristic recording, the intimate image, the advertisement of sexual services or the advertisement for conversion therapy available, it may order the custodian of the computer system to delete the material.
2014, c. 25, s. 46(7)
(3) Subsection 164.1(7) of the Act is replaced by
the following:
Chapter 24: An Act to amend the Criminal Code (conversion therapy) Criminal Code Sections 2-5
Return of material (7) If the court is not satisfied that the material is child
pornography as defined in section 163.1, a voyeuristic recording, an intimate image, an advertisement of sexual services or an advertisement for conversion therapy, or computer data as defined in subsection 342.1(2) that makes child pornography, the voyeuristic recording, the intimate image, the advertisement of sexual services or the advertisement for conversion therapy available, the court shall order that the electronic copy be returned to the custodian of the computer system and terminate the order under paragraph (1)(b). 3 Paragraph (a) of the definition offence in section 183 of the Act is amended by (a) adding the following after subparagraph (xlvi): (xlvi.1) section 273.3 (removal of child from Canada), (b) adding the following after subparagraph (liii): (liii.1) section 320.102 (conversion therapy), 2019, c. 25, s. 98
4 Paragraph 273.3(1)(c) of the Act is replaced by the following: (c) under the age of 18 years, with the intention that an act be committed outside Canada that if it were committed in Canada would be an offence against section 155, subsection 160(2) or section 170, 171, 267, 268, 269, 271, 272, 273 or 320.102 in respect of that person; or 5 The Act is amended by adding the following after section 320.1:
Conversion Therapy Definition of conversion therapy 320.101 In sections 320.102 to 320.104, conversion
therapy means a practice, treatment or service designed to (a) change a person’s sexual orientation to heterosexual; (b) change a person’s gender identity to cisgender;
Chapter 24: An Act to amend the Criminal Code (conversion therapy) Criminal Code Section 5
(c) change a person’s gender expression so that it conforms to the sex assigned to the person at birth; (d) repress or reduce non-heterosexual attraction or sexual behaviour; (e) repress a person’s non-cisgender gender identity;
or (f) repress or reduce a person’s gender expression that
does not conform to the sex assigned to the person at birth. For greater certainty, this definition does not include a practice, treatment or service that relates to the exploration or development of an integrated personal identity — such as a practice, treatment or service that relates to a person’s gender transition — and that is not based on an assumption that a particular sexual orientation, gender identity or gender expression is to be preferred over another. Conversion therapy 320.102 Everyone who knowingly causes another person to undergo conversion therapy — including by providing conversion therapy to that other person — is (a) guilty of an indictable offence and liable to imprisonment for a term of not more than five years; or (b) guilty of an offence punishable on summary conviction. Promoting or advertising 320.103 Everyone who knowingly promotes or advertises conversion therapy is (a) guilty of an indictable offence and liable to imprisonment for a term of not more than two years; or (b) guilty of an offence punishable on summary conviction.
Material benefit 320.104 Everyone who receives a financial or other material benefit, knowing that it is obtained or derived directly or indirectly from the provision of conversion therapy, is (a) guilty of an indictable offence and liable to imprisonment for a term of not more than two years; or (b) guilty of an offence punishable on summary conviction.
Chapter 24: An Act to amend the Criminal Code (conversion therapy) Coming into Force Section 6
Coming into Force 30th day after royal assent 6 This Act comes into force on the 30th day after
the day on which it receives royal assent.
Published under authority of the Speaker of the House of Commons 2021
Disponible sur le site Web de la Chambre des comm
|
Second Session, Forty-third Parliament, 69-70 Elizabeth II, 2020-2021
STATUTES OF CANADA 2021
CHAPTER 18
An Act to establish a federal framework to reduce recidivism
ASSENTED TO JUNE 29, 2021 BILL C-228
SUMMARY This enactment provides for the development and implementation of a federal framework to reduce recidivism.
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69-70 ELIZABETH II
CHAPTER 18
An Act to establish a federal framework to reduce recidivism [Assented to 29th June, 2021]
Preamble Whereas the purpose of the correctional system is in part to contribute to the maintenance of a just, peaceful and safe society by assisting the rehabilitation of offenders and their reintegration into the community as law-abiding citizens through the provision of programs in penitentiaries and in the community;
Whereas nearly one in four people who have been incarcerated reoffend within two years of their release; Whereas people who have been incarcerated should have the necessary resources and employment opportunities to be able to transition back into the community and avoid falling back into their old ways; Whereas victims are at the heart of the justice system and the best way to protect them is to reduce crime and recidivism; Whereas Parliament recognizes the need to reduce recidivism in order to provide safe and secure communities for all Canadians; And whereas cooperation and coordinated action between the federal and provincial governments that respect the legislative competence of each are required to develop a federal framework that, in the interest of reducing recidivism, ensures the needs of people who have been incarcerated are met and supports their rehabilitation;
Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
2020-2021
Chapter 18: Reduction of Recidivism Framework Act Short Title Sections 1-3
Short Title Short title 1 This Act may be cited as the Reduction of Recidivism Framework Act.
Federal Framework to Reduce Recidivism Development and implementation 2 (1) The Minister of Public Safety and Emergency Preparedness must, in consultation with representatives of the provinces, with a variety of Indigenous governing bodies and Indigenous organizations and with other relevant stakeholders such as non-governmental, non-profit, faith-based and private sector organizations, develop and implement a federal framework to reduce recidivism.
Content (2) The framework must include measures to (a) initiate pilot projects and develop standardized
and evidence-based programs aimed at reducing recidivism; (b) promote the reintegration of people who have been incarcerated back into the community through access to adequate and ongoing resources as well as employment opportunities in order to lessen the likelihood of their reoffending; (c) support faith-based and communal initiatives that
aim to rehabilitate people who have been incarcerated; (d) review and implement international best practices
related to the reduction of recidivism; and (e) evaluate and improve risk assessment instruments
and procedures to address racial and cultural biases and ensure that all people who are incarcerated have access to appropriate programs that will help reduce recidivism.
Reports to Parliament Tabling of framework 3 (1) Within one year after the day on which this Act comes into force, the Minister of Public Safety and Emergency Preparedness must prepare a report setting out the
2020-2021
Chapter 18: Reduction of Recidivism Framework Act Reports to Parliament Sections 3-4
federal framework to reduce recidivism and cause the report to be tabled before each House of Parliament on any of the first 15 days on which that House is sitting after the report is completed. Publication (2) The Minister must publish the report on the website
of the Department of Public Safety and Emergency Preparedness within 10 days after the day on which the report is tabled in Parliament. Report 4 (1) Within three years after the day on which the report referred to in section 3 is tabled and every year after that, the Minister of Public Safety and Emergency Preparedness must prepare a report on the effectiveness of the federal framework to reduce recidivism that sets out his or her conclusions and recommendations. Tabling of report (2) The Minister must cause the report to be tabled before each House of Parliament on any of the first 15 days on which that House is sitting after the report is completed.
Published under authority of the Speaker of the House of Commons 2020-2021
Disponible sur le site Web de la Chambre des comm
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Second Session, Forty-third Parliament, 69-70 Elizabeth II, 2020-2021
STATUTES OF CANADA 2021
CHAPTER 19
An Act to establish a national framework for diabetes
ASSENTED TO JUNE 29, 2021 BILL C-237
SUMMARY This enactment provides for the development of a national framework designed to support improved access for Canadians to diabetes prevention and treatment.
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69-70 ELIZABETH II
CHAPTER 19
An Act to establish a national framework for diabetes
[Assented to 29th June, 2021]
Preamble Whereas one in four Canadians live with prediabetes or diabetes, a chronic disease that can result in lifethreatening complications if not treated;
Whereas Canada, the birthplace of insulin — a hormone that has played a key role in the control of diabetes —, seeks to be a leader in promoting diabetes awareness; Whereas diabetes awareness and education can help people identify early signs of diabetes and thus prevent or delay its onset; Whereas federal and provincial coordination and information sharing is required to prevent and treat diabetes as well as to prevent health inequities among people suffering with this disease; And whereas the Parliament of Canada recognizes the need to be proactive in the fight against diabetes, and the Government of Canada should develop and implement a national framework for diabetes;
Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Short Title Short title 1 This Act may be cited as the National Framework for Diabetes Act.
2020-2021
Chapter 19: National Framework for Diabetes Act National Framework for Diabetes Sections 2-3
National Framework for Diabetes Development 2 (1) The Minister of Health must, in consultation with
the representatives of the provincial governments responsible for health, Indigenous groups and with other relevant stakeholders, develop a national framework designed to support improved access to diabetes prevention and treatment to ensure better health outcomes for Canadians. Content (2) The national framework must include measures to (a) explain what diabetes and prediabetes are; (b) identify the training, education and guidance
needs of health care and other professionals related to the prevention and treatment of diabetes, including clinical practice guidelines; (c) promote research and improve data collection on
diabetes prevention and treatment; (d) promote information and knowledge sharing in relation to diabetes prevention and treatment; (e) take into consideration any existing diabetes prevention and treatment frameworks, strategies and best practices, including those that focus on addressing health inequalities; and (f) ensure that the Canada Revenue Agency is administering the disability tax credit fairly and that the credit, in order to achieve its purposes, is designed to help as many persons with diabetes as possible.
Conference (3) The Minister must hold at least one conference with
the persons referred to in subsection (1) for the purpose of developing the framework.
Reports to Parliament Tabling of framework 3 (1) Within one year after the day on which this Act comes into force, the Minister of Health must prepare a
2020-2021
Chapter 19: National Framework for Diabetes Act Reports to Parliament Sections 3-4
report setting out the national framework for diabetes and cause the report to be tabled before each House of Parliament on any of the first 15 days on which that House is sitting after the report is completed. Publication (2) The Minister must publish the report on the website
of the Department of Health within 10 days after the day on which the report is tabled in Parliament. Report 4 (1) Within five years after the day on which the report
referred to in section 3 is tabled in Parliament, the Minister of Health must prepare a report on the effectiveness of the national framework for diabetes and on the current state of diabetes prevention and treatment. The report also sets out his or her conclusions and recommendations regarding the framework. Tabling of report (2) The Minister must cause the report to be tabled before each House of Parliament on any of the first 15 days on which that House is sitting after the report is completed.
Published under authority of the Speaker of the House of Commons 2020-2021
Disponible sur le site Web de la Chambre des comm
|
First Session, Forty-fourth Parliament, 70 Elizabeth II, 2021
STATUTES OF CANADA 2021
CHAPTER 25
An Act for granting to Her Majesty certain sums of money for the federal public administration for the fiscal year ending March 31, 2022
ASSENTED TO DECEMBER 17, 2021 BILL C-6
SUMMARY This enactment grants the sum of $8,749,898,306 towards defraying charges and expenses of the federal public administration for the fiscal year ending March 31, 2022 that are not otherwise provided for.
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70 ELIZABETH II
CHAPTER 25
An Act for granting to Her Majesty certain sums of money for the federal public administration for the fiscal year ending March 31, 2022 [Assented to 17th December, 2021] MOST GRACIOUS SOVEREIGN, Preamble Whereas it appears by message from Her Excellency the Right Honourable Mary Simon, Governor General and Commander-in-Chief of Canada, and the Estimates accompanying that message, that the sums mentioned below are required to defray certain expenses of the federal public administration, not otherwise provided for, for the fiscal year ending March 31, 2022, and for other purposes connected with the federal public administration;
May it therefore please Your Majesty, that it may be enacted, and be it enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, that: Short title 1 This Act may be cited as the Appropriation Act No. 4, 2021–22.
$8,749,898,306 granted for 2021–22 2 There may be paid out of the Consolidated Revenue
Fund a sum not exceeding in the aggregate $8,749,898,306 towards defraying the various charges and expenses of the federal public administration for the fiscal year ending March 31, 2022, not otherwise provided for, which is the total of the amounts of the items set out in the Supplementary Estimates (B) for that fiscal year as set out in the schedule.
Chapter 25: Appropriation Act No. 4, 2021–22 Sections 3-5
Transfers of appropriations 3 The transfers of appropriations set out in the Estimates referred to in section 2 are deemed to have been authorized on April 1, 2021. Purpose of each item 4 (1) The amount authorized by this Act to be paid in respect of an item may be paid only for the purposes, and subject to any terms and conditions, specified in the item. Effective date (2) The provisions of each item set out in the schedule are deemed to have effect as of April 1, 2021.
Adjustments in accounts of Canada 5 An appropriation that is granted by this Act or any
other Act and referred to in the schedule may be charged after the end of the fiscal year for which the appropriation is granted at any time before the day on which the Public Accounts for that fiscal year are tabled in Parliament, for the purpose of making adjustments in the accounts of Canada for that fiscal year that do not require payments out of the Consolidated Revenue Fund.
Chapter 25: Appropriation Act No. 4, 2021–22 SCHEDULE
SCHEDULE
Based on the Supplementary Estimates (B), 2021–22, the amoun the items set out in this Schedule.
Sums granted to Her Majesty by this Act for the fiscal year ending Vote No.
Items
ATLANTIC CANADA OPPORTUNITIES AGENCY Agence de promotion économique du Canada atlantiqu 1b
– Operating expenditures
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro r than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under se ment of Canada Act, to ministers of State who preside o 5b
– The grants listed in any of the Estimates for the fiscal ye – Contributions CANADA MORTGAGE AND HOUSING CORPORATION Société canadienne d’hypothèques et de logement
1b
– Payments to reimburse the Corporation for the amount grants, contributions and expenditures made, and losse incurred, (a) under the National Housing Act; or
(b) in the course of the exercise of powers or the car functions conferred on the Corporation under any o in accordance with the Corporation’s authority unde and Housing Corporation Act CANADIAN ENERGY REGULATOR Régie canadienne de l’énergie 1b
– Program expenditures
– The grants listed in any of the Estimates for the fiscal ye – Contributions
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp in that fiscal year — revenues that it receives in that fisc sion of internal support services under section 29.2 of t CANADIAN INSTITUTES OF HEALTH RESEARCH Instituts de recherche en santé du Canada 1b
– Operating expenditures
5b
– The grants listed in any of the Estimates for the fiscal ye CANADIAN MUSEUM FOR HUMAN RIGHTS Musée canadien des droits de la personne
1b
– Payments to the Museum for operating and capital expe CANADIAN MUSEUM OF HISTORY Musée canadien de l’histoire
1b
– Payments to the Museum for operating and capital expe CANADIAN MUSEUM OF IMMIGRATION AT PIER 21 Musée canadien de l’immigration du Quai 21
Chapter 25: Appropriation Act No. 4, 2021–22 SCHEDULE
Vote No. 1b
Items
– Payments to the Museum for operating and capital expe CANADIAN MUSEUM OF NATURE Musée canadien de la nature
1b
– Payments to the Museum for operating and capital expe
CANADIAN NORTHERN ECONOMIC DEVELOPMENT AGEN Agence canadienne de développement économique du 1b
– Operating expenditures
5b
– The grants listed in any of the Estimates for the fiscal ye – Contributions CANADIAN RACE RELATIONS FOUNDATION Fondation canadienne des relations raciales
1b
– Payments to the Foundation for its activities, as referred of the Canadian Race Relations Foundation Act CANADIAN TOURISM COMMISSION Commission canadienne du tourisme
1b
– Payments to the Commission CANADIAN TRANSPORTATION AGENCY Office des transports du Canada
1b
– Program expenditures COMMUNICATIONS SECURITY ESTABLISHMENT Centre de la sécurité des télécommunications
1b
– Program expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp in that fiscal year — revenues that it receives in that fisc tions, including the provision of internal support servic of that Act CORRECTIONAL SERVICE OF CANADA Service correctionnel du Canada 1b
– Operating expenditures
– The grants listed in any of the Estimates for the fiscal ye – Contributions
– Authority to deposit into the Inmate Welfare Fund reven fiscal year from projects operated by inmates and finan
– Authority to operate canteens in federal institutions and fiscal year, revenue from sales into the Inmate Welfare
– Payments, in accordance with terms and conditions pre nor in Council,
(a) to or on behalf of discharged inmates who suffer caused by participation in normal program activity i and
(b) to dependants of deceased inmates and discharg deaths resulted from participation in normal progra stitutions
Chapter 25: Appropriation Act No. 4, 2021–22 SCHEDULE
Vote No.
Items
– Authority for the Minister of Public Safety and Emergen ject to the approval of the Governor in Council, to enter with any province for
(a) the confinement in institutions of that province o tenced, committed or transferred to a penitentiary;
(b) compensation for the maintenance of such perso
(c) payment in respect of the construction and relate tions
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp in that fiscal year — revenues that it receives in that fisc tions, including the provision of internal support servic of that Act COURTS ADMINISTRATION SERVICE Service administratif des tribunaux judiciaires 1b
– Program expenditures DEPARTMENT FOR WOMEN AND GENDER EQUALITY Ministère des Femmes et de l’Égalité des genres
5b
– The grants listed in any of the Estimates for the fiscal ye – Contributions DEPARTMENT OF AGRICULTURE AND AGRI-FOOD Ministère de l’Agriculture et de l’Agroalimentaire
1b
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp in that fiscal year — revenues that it receives in that fisc (a) collaborative research agreements and research
(b) the grazing and breeding activities of the Commu
(c) the administration of the AgriStability program; a
(d) the provision of internal support services under s
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro r than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under se ment of Canada Act, to ministers of State who preside o 5b
– Capital expenditures
10b
– The grants listed in any of the Estimates for the fiscal ye – Contributions DEPARTMENT OF CANADIAN HERITAGE Ministère du Patrimoine canadien
1b
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp in that fiscal year — revenues that it receives in that fisc
(a) the activities of the Canadian Conservation Instit itage Information Network and the Canadian Audiofice;
(b) activities undertaken under the Capital Experienc
Chapter 25: Appropriation Act No. 4, 2021–22 SCHEDULE
Vote No.
Items
(c) the provision of internal support services under s
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro r than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under se ment of Canada Act, to ministers of State who preside 5b
– The grants listed in any of the Estimates for the fiscal ye – Contributions DEPARTMENT OF CITIZENSHIP AND IMMIGRATION Ministère de la Citoyenneté et de l’Immigration
1b
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp in that fiscal year from the provision of services related rience Canada — revenues that it receives in that fiscal sion of those services
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro r than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under se ment of Canada Act, to ministers of State who preside 5b
– Capital expenditures
10b
– The grants listed in any of the Estimates for the fiscal ye
– Contributions, including the provision of goods and ser
DEPARTMENT OF CROWN-INDIGENOUS RELATIONS AND Ministère des Relations Couronne-Autochtones et des A 1b
– Operating expenditures – Expenditures on works, buildings and equipment
– Authority to make expenditures — recoverable or other formed on property that is not federal property and on respect of that property
– Authority to provide, in respect of Indian and Inuit econ tivities, for the capacity development for Indians and In of materials and equipment – Authority to sell electric power to private consumers in alternative local sources of supply are not available, in and conditions approved by the Governor in Council
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela it incurs in that fiscal year — revenues that it receives in the provision of internal support services under section
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro r than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under se ment of Canada Act, to ministers of State who preside 10b
– The grants listed in any of the Estimates for the fiscal ye – Contributions
Chapter 25: Appropriation Act No. 4, 2021–22 SCHEDULE
Vote No.
Items
DEPARTMENT OF EMPLOYMENT AND SOCIAL DEVELOPM Ministère de l’Emploi et du Développement social 1b
– Operating expenditures
– Authority to make recoverable expenditures in relation the Canada Pension Plan and the Employment Insuranc
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela it incurs in that fiscal year — revenues that it receives in
(a) the provision of services to assist provinces in th provincial programs funded under Labour Market D ments;
(b) the provision of internal support services under s
(c) any amount charged to a Crown corporation und the Government Employees Compensation Act in re costs for subrogated claims for Crown corporations;
(d) the portion of the Government Employees Comp mental or agency subrogated claim settlements rela
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro r than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under se ment of Canada Act, to ministers of State who preside 5b
– The grants listed in any of the Estimates for the fiscal ye – Contributions DEPARTMENT OF FINANCE Ministère des Finances
1b
– Program expenditures
– The grants listed in any of the Estimates for the fiscal ye – Contributions
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela it incurs in that fiscal year — revenues that it receives in the provision of internal support services under section
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro r than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under se ment of Canada Act, to ministers of State who preside o L25b
– Pursuant to subsection 8(2) of the Bretton Woods and R Act, the amount of financial assistance provided by the way of loans to the International Development Associa ceed $287,710,000 in United States dollars in the fiscal tion to the amount of financial assistance that is not to partment of Finance Vote 5, Appropriation Act No. 1, 20 DEPARTMENT OF FISHERIES AND OCEANS Ministère des Pêches et des Océans
1b
– Operating expenditures
– Canada’s share of expenses of the international fisherie – Authority to provide free office accommodation for the commissions
Chapter 25: Appropriation Act No. 4, 2021–22 SCHEDULE
Vote No.
Items
– Authority to make recoverable advances in the amounts international fisheries commissions of joint cost projec
– Authority to make recoverable advances for transportat other shipping services performed for individuals, outs governments in the course of, or arising out of, the exe navigation, including aids to navigation and shipping
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp in that fiscal year — revenues that it receives in that fisc (a) in the course of, or arising from, the activities of Guard; and
(b) from the provision of internal support services u that Act
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro r than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under se ment of Canada Act, to ministers of State who preside 5b
– Capital expenditures
– Authority to make payments to provinces, municipalitie authorities as contributions towards construction done – Authority for the purchase and disposal of commercial 10b
– The grants listed in any of the Estimates for the fiscal ye – Contributions
DEPARTMENT OF FOREIGN AFFAIRS, TRADE AND DEVEL Ministère des Affaires étrangères, du Commerce et du 1b
– Operating expenditures, including those related to the a Canada’s representatives abroad, to the staff of those r the assignment of Canadians to the staffs of internation
– Authority to make recoverable advances to internationa amounts not exceeding the amounts of the shares of th
– Expenditures in respect of the provision of office accom national Civil Aviation Organization
– Authority to make recoverable expenditures for assistan of distressed Canadian citizens and Canadian residents cluding their dependants
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela it incurs in that fiscal year — revenues that it receives in (a) trade and education fairs; (b) departmental publications; and (c) the following services:
(i) training services provided by the Canadian Fo
(ii) trade missions and other international busine vices, (iii) investment development services, (iv) international telecommunication services,
(v) other services provided abroad to other depa cies, Crown corporations and non-federal organi (vi) specialized consular services
Chapter 25: Appropriation Act No. 4, 2021–22 SCHEDULE
Vote No.
Items
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro r than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under se ment of Canada Act, to ministers of State who preside 10b
– The grants listed in any of the Estimates for the fiscal ye
– Contributions, including payments for other specified p provision of goods and services for (a) the promotion of trade and investment; and
(b) international humanitarian assistance and assist ternational security, international development and L25b
– Pursuant to subsection 12(2) of the International Develo tutions) Assistance Act, the amount of financial assistan Minister of Foreign Affairs, in consultation with the Min way of the purchase of shares of international financial exceed $113,260,814 in United States dollars in the fisc is estimated in Canadian dollars at $147,602,231 DEPARTMENT OF HEALTH Ministère de la Santé
1b
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp in that fiscal year — revenues that it receives in that fisc
(a) the provision of services or the sale of products r well-being and to regulatory activities; and
(b) the provision of internal support services under s
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro r than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under se ment of Canada Act, to ministers of State who preside 10b
– The grants listed in any of the Estimates for the fiscal ye
– Contributions, in the form of monetary payments or the services DEPARTMENT OF INDIGENOUS SERVICES Ministère des Services aux Autochtones 1b
– Operating expenditures – Expenditures on works, buildings and equipment
– Authority to make expenditures — recoverable or other formed on property that is not federal property and on respect of that property
– Authority to provide, in respect of Indian and Inuit econ tivities, for the capacity development for Indians and In of materials and equipment – Authority to sell electric power to private consumers in alternative local sources of supply are not available, in and conditions approved by the Governor in Council
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela it incurs in that fiscal year — revenues that it receives in
(a) the provision of services or the sale of products r tection and medical services; and
Chapter 25: Appropriation Act No. 4, 2021–22 SCHEDULE
Vote No.
Items
(b) the provision of internal support services under s
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro r than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under se ment of Canada Act, to ministers of State who preside 5b
– Capital expenditures – Expenditures on buildings, works, land and equipment and ownership of which
(a) may be transferred to provincial governments on approved by the Governor in Council; or
(b) may be transferred to Indian bands, groups of In dians at the discretion of the Minister of Indigenous – Expenditures on buildings, works, land and equipment federal property
– Authority to make recoverable expenditures on roads a amounts not exceeding the shares of provincial govern 10b
– The grants listed in any of the Estimates for the fiscal ye
– Contributions, in the form of monetary payments or the services DEPARTMENT OF INDUSTRY Ministère de l’Industrie 1b
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp in that fiscal year — revenues that it receives in that fisc
(a) the provision of internal support services under s and the provision of internal support services to the Property Office;
(b) activities and operations related to communicati Communications Research Centre;
(c) services and insolvency processes under the Ban Act at the Office of the Superintendent of Bankruptc
(d) activities and operations carried out by Corporat Canada Business Corporations Act, the Boards of Tr Cooperatives Act and the Canada Not-for-profit Corp
(e) services and regulatory processes for mergers an ters, including pre-merger notifications, advance rul written opinions, under the Competition Act at the C
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro r than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under se ment of Canada Act, to ministers of State who preside 10b
– The grants listed in any of the Estimates for the fiscal ye – Contributions DEPARTMENT OF NATIONAL DEFENCE Ministère de la Défense nationale
1b
– Operating expenditures
Chapter 25: Appropriation Act No. 4, 2021–22 SCHEDULE
Vote No.
Items
– Authority for total commitments, subject to allotment b of $46,061,550,858 for the purposes of Votes 1, 5 and 10 gardless of the year in which the payment of those com (of which it is estimated that $23,337,696,148 will come ture years)
– Authority, subject to the direction of the Treasury Board expenditures or advances in respect of materials suppl formed on behalf of, individuals, corporations, outside departments and agencies and other governments – Payments
(a) in respect of pension, insurance and social secur arrangements for employees locally engaged outsid
(b) in respect of the administration of such program cluding premiums, contributions, benefit payments, ditures made in respect of such employees and for a the Treasury Board determines
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela it incurs in that fiscal year — revenues that it receives in cluding from the provision of internal support services that Act
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro r than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under se ment of Canada Act, to ministers of State who preside 5b
– Capital expenditures
10b
– The grants listed in any of the Estimates for the fiscal ye which grants and contributions may include
(a) monetary payments or, in lieu of payment made (i) the provision of goods or services, or (ii) the provision of the use of facilities; and
(b) the contributions that may be approved by the G accordance with section 3 of The Defence Appropria
(i) for the provision or transfer of defence equipm
(ii) for the provision of services for defence purpo
(iii) for the provision or transfer of supplies or fac poses DEPARTMENT OF NATURAL RESOURCES Ministère des Ressources naturelles 1b
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp in that fiscal year — revenues that it receives in that fisc (a) the sale of forestry and information products;
(b) the issue of licences, permits and certificates und and the Explosives Regulations, 2013;
(c) training and certification activities related to the A ferred to in paragraph (b);
(d) research, consultation, testing, analysis and adm and research products as part of the departmental o
(e) the provision of internal support services under s nancial Administration Act
Chapter 25: Appropriation Act No. 4, 2021–22 SCHEDULE
Vote No.
Items
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro r than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under se ment of Canada Act, to ministers of State who preside 5b
– Capital expenditures
10b
– The grants listed in any of the Estimates for the fiscal ye – Contributions
DEPARTMENT OF PUBLIC SAFETY AND EMERGENCY PRE Ministère de la Sécurité publique et de la Protection civ 1b
– Operating expenditures – Capital expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela it incurs in that fiscal year — revenues that it receives in ing from the provision of internal support services und Act
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro r than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under se ment of Canada Act, to ministers of State who preside 5b
– The grants listed in any of the Estimates for the fiscal ye – Contributions DEPARTMENT OF THE ENVIRONMENT Ministère de l’Environnement
1b
– Operating expenditures
– Authority for the Minister of the Environment to engage quired by different Boards at the remuneration that tho
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela it incurs in that fiscal year — revenues that it receives in the provision of internal support services under section from the provision of services, the sale of information p of entrance fees, the granting of leases or the issuance thorizations, including (a) research, analysis and scientific services; (b) hydrometric surveys; (c) regulatory services;
(d) monitoring services, including monitoring servic oil sands;
(e) fees for entry to federal real property or federal i (f) permits; and
(g) services in respect of federal real property or fed cluding the granting of surface leases to oil and gas suance of licences for grazing
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro r than a year — that does not exceed the salary paid und
Chapter 25: Appropriation Act No. 4, 2021–22 SCHEDULE
Vote No.
Items
rounded down to the nearest hundred dollars under se ment of Canada Act, to ministers of State who preside 5b
– Capital expenditures
– Authority to make payments to provinces and municipa towards construction done by those bodies
– Authority to make recoverable advances not exceeding shares of provincial and outside agencies of the cost of ing expenditures on other than federal property 10b
– The grants listed in any of the Estimates for the fiscal ye
– Contributions, including ones to developing countries b al Fund for the Implementation of the Montreal Protoco monetary payments or the provision of goods, equipm DEPARTMENT OF VETERANS AFFAIRS Ministère des Anciens Combattants 1b
– Operating expenditures
– Expenditures related to the upkeep of real property or im cluding engineering and other investigatory planning e add tangible value to the property, payment of taxes, in utilities
– Expenditures related to, subject to the approval of the G
(a) necessary remedial work on properties construct firm price contracts and sold under the Veterans’ La V-4), to correct defects for which neither the veteran may be held financially responsible; and
(b) other work on other properties that is required to interest or right in those properties
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro r than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under se ment of Canada Act, to ministers of State who preside 5b
– The grants listed in any of the Estimates for the fiscal ye amount listed for any grant may be increased or decrea proval of the Treasury Board – Contributions
DEPARTMENT OF WESTERN ECONOMIC DIVERSIFICATIO Ministère de la Diversification de l’économie de l’Ouest 1b
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp in that fiscal year — revenues that it receives in that fisc sion of internal support services under section 29.2 of t
– The payment to each member of the Queen’s Privy Cou a Minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro r than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under se ment of Canada Act, to ministers of State who preside
Chapter 25: Appropriation Act No. 4, 2021–22 SCHEDULE
Vote No.
Items
ECONOMIC DEVELOPMENT AGENCY OF CANADA FOR TH QUEBEC Agence de développement économique du Canada pou Québec 1b
– Operating expenditures
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro r than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under se ment of Canada Act, to ministers of State who preside 5b
– The grants listed in any of the Estimates for the fiscal ye – Contributions
FEDERAL ECONOMIC DEVELOPMENT AGENCY FOR NORT Agence fédérale de développement économique pour l 1b
– Operating expenditures
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro r than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under se ment of Canada Act, to ministers of State who preside 5b
– The grants listed in any of the Estimates for the fiscal ye – Contributions
FEDERAL ECONOMIC DEVELOPMENT AGENCY FOR SOUT Agence fédérale de développement économique pour l 1b
– Operating expenditure
5b
– The grants listed in any of the Estimates for the fiscal ye – Contributions
FINANCIAL TRANSACTIONS AND REPORTS ANALYSIS CE Centre d’analyse des opérations et déclarations financi 1b
– Program expenditures HOUSE OF COMMONS Chambre des communes
1b
– Program expenditures, including payments in respect o Members’ constituency offices – Contributions
– Authority to expend revenues that it receives during the from its activities LIBRARY AND ARCHIVES OF CANADA Bibliothèque et Archives du Canada 1b
– Operating expenditures – Contributions
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela it incurs in that fiscal year — revenues that it receives in
(a) the provision of access to the collection and the r als from the collection; and
Chapter 25: Appropriation Act No. 4, 2021–22 SCHEDULE
Vote No.
Items
(b) the provision of internal support services under s NATIONAL ARTS CENTRE CORPORATION Société du Centre national des Arts 1b
– Payments to the Corporation for operating expenditures NATIONAL FILM BOARD Office national du film
1b
– Program expenditures NATIONAL GALLERY OF CANADA Musée des beaux-arts du Canada
1b
– Payments to the Gallery for operating and capital expen NATIONAL MUSEUM OF SCIENCE AND TECHNOLOGY Musée national des sciences et de la technologie
1b
– Payments to the Museum for operating and capital expe NATIONAL RESEARCH COUNCIL OF CANADA Conseil national de recherches du Canada
1b
– Operating expenditures
10b
– The grants listed in any of the Estimates for the fiscal ye
– Contributions, including the provision of goods and ser tional Thirty Meter Telescope Observatory
NATURAL SCIENCES AND ENGINEERING RESEARCH COU Conseil de recherches en sciences naturelles et en géni 1b
– Operating expenditures
5b
– The grants listed in any of the Estimates for the fiscal ye OFFICE OF INFRASTRUCTURE OF CANADA Bureau de l’infrastructure du Canada
1b
– Operating expenditures
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro r than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under se ment of Canada Act, to ministers of State who preside 5b
– Capital expenditures OFFICE OF THE COMMISSIONER OF LOBBYING Commissariat au lobbying
1b
– Program expenditures
OFFICES OF THE INFORMATION AND PRIVACY COMMISS Commissariats à l’information et à la protection de la v 1b
– Program expenditures — Office of the Information Com
Chapter 25: Appropriation Act No. 4, 2021–22 SCHEDULE
Vote No.
Items
PACIFIC ECONOMIC DEVELOPMENT AGENCY OF CANAD Agence de développement économique du Pacifique C 1b
– Operating expenditures
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro r than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under se ment of Canada Act, to ministers of State who preside 5b
– The grants listed in any of the Estimates for the fiscal ye – Contributions PARKS CANADA AGENCY Agence Parcs Canada
1b
– Program expenditures – Capital expenditures
– The grants listed in any of the Estimates for the fiscal ye – Contributions, including
(a) expenditures on other than federal property; and
(b) payments to provinces and municipalities as con cost of undertakings carried out by those bodies PRIVY COUNCIL OFFICE Bureau du Conseil privé 1b
– Program expenditures, including
(a) operating expenditures of Commissions of Inquir vided for;
(b) contributions in respect of costs incurred by pers Commissions of Inquiry; and (c) the operation of the Prime Minister’s residence
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela it incurs in that fiscal year — revenues that it receives in
(a) the provision of intelligence analysis training; an
(b) the provision of internal support services under s
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro r than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under se ment of Canada Act, to ministers of State who preside ROYAL CANADIAN MOUNTED POLICE Gendarmerie royale du Canada 1b
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela it incurs in that fiscal year — revenues that it receives in ing from the provision of internal support services und Act 5b
– Capital expenditures
Chapter 25: Appropriation Act No. 4, 2021–22 SCHEDULE
Vote No. 10b
Items
– The grants listed in any of the Estimates for the fiscal ye amount listed for any grant may be increased or decrea proval of the Treasury Board – Contributions SHARED SERVICES CANADA Services partagés Canada
1b
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp in that fiscal year from the provision of information tec the Shared Services Canada Act — revenues that it rece from the provision of those services 5b
– Capital expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset cap it incurs in that fiscal year — revenues that it receives in the provision of information technology services under Canada Act
SOCIAL SCIENCES AND HUMANITIES RESEARCH COUNC Conseil de recherches en sciences humaines 1b
– Operating expenditures
5b
– The grants listed in any of the Estimates for the fiscal ye TELEFILM CANADA Téléfilm Canada
1b
– Payments to the corporation to be used for the purpose film Canada Act THE NATIONAL BATTLEFIELDS COMMISSION Commission des champs de bataille nationaux
1b
– Program expenditures TREASURY BOARD SECRETARIAT Secrétariat du Conseil du Trésor
1b
– Program expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp in that fiscal year — revenues that it receives in that fisc sion of internal support services under section 29.2 of t other activities
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro r than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under se ment of Canada Act, to ministers of State who preside 10b
Government-wide Initiatives
– Authority granted to the Treasury Board to supplement tion for the fiscal year in support of the implementation ment initiatives in the federal public administration
Chapter 25: Appropriation Act No. 4, 2021–22 SCHEDULE
Vote No. 15b
Items Compensation Adjustments
– Authority granted to the Treasury Board to supplement tion for the fiscal year that may need to be partially or f of adjustments made to terms and conditions of service federal public administration, including the Royal Cana as well as of members of the Canadian Forces, persons ernor in Council and employees of Crown corporations tion 83(1) of the Financial Administration Act
Chapter 25: Appropriation Act No. 4, 2021–22 SCHEDULE (French)
ANNEXE D’après le Budget supplémentaire des dépenses (B) 2021-2022, la des postes figurant à la présente annexe.
Sommes accordées par la présente loi à Sa Majesté pour l’exercice dées. No du crédit
Postes
AGENCE CANADIENNE DE DÉVELOPPEMENT ÉCONO Canadian Northern Economic Development Agenc 1b
– Dépenses de fonctionnement
5b
– Subventions inscrites à tout budget des dépenses p – Contributions
AGENCE DE DÉVELOPPEMENT ÉCONOMIQUE DU CA RÉGIONS DU QUÉBEC Economic Development Agency of Canada for the 1b
– Dépenses de fonctionnement
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5b
– Subventions inscrites à tout budget des dépenses po – Contributions
AGENCE DE DÉVELOPPEMENT ÉCONOMIQUE DU PA Pacific Economic Development Agency of Canada 1b
– Dépenses de fonctionnement
– Versement, à chacun des membres du Conseil privé Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5b
– Subventions inscrites à tout budget des dépenses p – Contributions
AGENCE DE PROMOTION ÉCONOMIQUE DU CANADA Atlantic Canada Opportunities Agency 1b
– Dépenses de fonctionnement
– Versement, à chacun des membres du Conseil privé Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5b
– Subventions inscrites à tout budget des dépenses p – Contributions
Chapter 25: Appropriation Act No. 4, 2021–22 SCHEDULE (French)
No du crédit
Postes
AGENCE FÉDÉRALE DE DÉVELOPPEMENT ÉCONOMIQ L’ONTARIO Federal Economic Development Agency for Northe 1b
– Dépenses de fonctionnement
– Versement, à chacun des membres du Conseil privé Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5b
– Subventions inscrites à tout budget des dépenses p – Contributions
AGENCE FÉDÉRALE DE DÉVELOPPEMENT ÉCONOMIQ L’ONTARIO Federal Economic Development Agency for Southe 1b
– Dépenses de fonctionnement
5b
– Subventions inscrites à tout budget des dépenses p – Contributions AGENCE PARCS CANADA Parks Canada Agency
1b
– Dépenses du programme – Dépenses en capital
– Subventions inscrites à tout budget des dépenses p – Contributions, notamment :
a) les dépenses afférentes à des propriétés autr nement fédéral;
b) les paiements aux provinces et aux municipa tions à l’égard des engagements assumés par c BIBLIOTHÈQUE ET ARCHIVES DU CANADA Library and Archives of Canada 1b
– Dépenses de fonctionnement – Contributions
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer çues au cours de celui-ci qui proviennent de ce qui
a) les droits d’accès à la collection et les frais de ments de celle-ci;
b) la prestation de services de soutien internes e de cette loi. BUREAU DE L’INFRASTRUCTURE DU CANADA Office of Infrastructure of Canada 1b
– Dépenses de fonctionnement
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre
Chapter 25: Appropriation Act No. 4, 2021–22 SCHEDULE (French)
No du crédit
Postes
traitements, aux ministres d’État qui sont à la tête d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5b
– Dépenses en capital BUREAU DU CONSEIL PRIVÉ Privy Council Office
1b
– Dépenses du programme, y compris :
a) les dépenses de fonctionnement des commis prévues;
b) les contributions relatives aux frais engagés p paraissant devant des commissions d’enquête;
c) le fonctionnement de la résidence du premier
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re de celui-ci qui proviennent de ce qui suit :
a) la formation en matière d’analyse du renseig
b) la prestation de services de soutien internes e de cette loi.
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada
CENTRE D’ANALYSE DES OPÉRATIONS ET DÉCLARA DU CANADA Financial Transactions and Reports Analysis Centre 1b
– Dépenses du programme
CENTRE DE LA SÉCURITÉ DES TÉLÉCOMMUNICATIO Communications Security Establishment 1b
– Dépenses du programme
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer çues au cours de celui-ci qui proviennent de ses ac prestation de services de soutien internes en vertu loi CHAMBRE DES COMMUNES House of Commons 1b
– Dépenses du programme, notamment les paiement ment des bureaux de circonscription des députés – Contributions
– Autorisation de dépenser les recettes perçues au co proviennent de ses activités COMMISSARIAT AU LOBBYING Office of the Commissioner of Lobbying
Chapter 25: Appropriation Act No. 4, 2021–22 SCHEDULE (French)
No du crédit 1b
Postes – Dépenses du programme
COMMISSARIATS À L’INFORMATION ET À LA PROTE PRIVÉE DU CANADA Offices of the Information and Privacy Commission 1b
– Dépenses du programme — Commissariat à l’inform COMMISSION CANADIENNE DU TOURISME Canadian Tourism Commission
1b
– Paiements à la Commission
COMMISSION DES CHAMPS DE BATAILLE NATIONAU The National Battlefields Commission 1b
– Dépenses du programme
CONSEIL DE RECHERCHES EN SCIENCES HUMAINES Social Sciences and Humanities Research Council 1b
– Dépenses de fonctionnement
5b
– Subventions inscrites à tout budget des dépenses p
CONSEIL DE RECHERCHES EN SCIENCES NATURELLE Natural Sciences and Engineering Research Counc 1b
– Dépenses de fonctionnement
5b
– Subventions inscrites à tout budget des dépenses p CONSEIL NATIONAL DE RECHERCHES DU CANADA National Research Council of Canada
1b
– Dépenses de fonctionnement
10b
– Subventions inscrites à tout budget des dépenses p
– Contributions, y compris la fourniture de biens et de vatoire international du Télescope de trente mètres
FONDATION CANADIENNE DES RELATIONS RACIALE Canadian Race Relations Foundation 1b
– Paiements à la Fondation pour ses activités, au titre Loi sur la Fondation canadienne des relations racia GENDARMERIE ROYALE DU CANADA Royal Canadian Mounted Police
1b
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer çues au cours de celui-ci qui proviennent notamme services de soutien internes en vertu de l’article 29 5b
– Dépenses en capital
10b
– Subventions inscrites à tout budget des dépenses p tant prévu pour chaque subvention pouvant être m l’approbation du Conseil du Trésor – Contributions
Chapter 25: Appropriation Act No. 4, 2021–22 SCHEDULE (French)
No du crédit
Postes INSTITUTS DE RECHERCHE EN SANTÉ DU CANADA Canadian Institutes of Health Research
1b
– Dépenses de fonctionnement
5b
– Subventions inscrites à tout budget des dépenses p
MINISTÈRE DE LA CITOYENNETÉ ET DE L’IMMIGRAT Department of Citizenship and Immigration 1b
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice pour l dans le cadre du programme « Expérience internat cettes perçues au cours de cet exercice qui provien ces services
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5b
– Dépenses en capital
10b
– Subventions inscrites à tout budget des dépenses p
– Contributions, y compris la fourniture de biens et d MINISTÈRE DE LA DÉFENSE NATIONALE Department of National Defence 1b
– Dépenses de fonctionnement
– Autorisation de contracter, sous réserve d’affectatio sor, des engagements totalisant 46 061 550 858 $ à et 10 du ministère, quelle que soit l’année au cours tué tout paiement afférent à l’un ou l’autre de ces e est estimé qu’une tranche de 23 337 696 148 $ devie années à venir)
– Autorisation de faire des dépenses ou des avances serve des directives du Conseil du Trésor, à l’égard des particuliers, des sociétés, des organismes exté tères ou organismes fédéraux et d’autres administr rendus en leur nom – Paiements effectués dans le cadre :
a) de programmes de pension, d’assurance et d d’autres ententes pour les employés recrutés su Canada;
b) de l’administration de ces programmes ou en primes, contributions, avantages, frais et autres pour les employés recrutés sur place à l’extérieu d’autres personnes déterminées par le Conseil d
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer çues au cours de celui-ci qui proviennent notamme services de soutien internes en vertu de l’article 29
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre
Chapter 25: Appropriation Act No. 4, 2021–22 SCHEDULE (French)
No du crédit
Postes
traitements, aux ministres d’État qui sont à la tête d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5b
– Dépenses en capital
10b
– Subventions inscrites à tout budget des dépenses p butions, y compris :
a) les montants versés à un bénéficiaire ou ce q ment pour : (i) la fourniture de biens ou de services, (ii) l’utilisation d’installations;
b) les contributions pouvant être approuvées pa conseil, aux termes de l’article 3 de la Loi de 195 fense, pour : (i) l’acquisition ou le transfert d’équipement
(ii) la fourniture de services aux fins de défen
(iii) l’acquisition ou le transfert de fourniture fins de défense.
MINISTÈRE DE LA DIVERSIFICATION DE L’ÉCONOMIE CANADIEN Department of Western Economic Diversification 1b
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer çues au cours de celui-ci qui proviennent de la pres soutien internes en vertu de l’article 29.2 de cette lo
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada
MINISTÈRE DE L’AGRICULTURE ET DE L’AGROALIME Department of Agriculture and Agri-Food 1b
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re de celui-ci qui proviennent de ce qui suit :
a) les ententes de recherche concertée et les ser
b) les activités de pâturage et de reproduction d rages communautaires;
c) l’administration du programme « Agri-stabilit
d) la prestation de services de soutien internes e de cette loi.
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d
Chapter 25: Appropriation Act No. 4, 2021–22 SCHEDULE (French)
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Postes
payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5b
– Dépenses en capital
10b
– Subventions inscrites à tout budget des dépenses p – Contributions MINISTÈRE DE LA SANTÉ Department of Health
1b
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re de celui-ci qui proviennent de ce qui suit :
a) la prestation de services — ou la vente de pro la santé, au bien-être et aux activités de régleme
b) la prestation de services de soutien internes e de cette loi.
– Versement, à chacun des membres du Conseil privé Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 10b
– Subventions inscrites à tout budget des dépenses p – Contributions, sous forme de paiements en argent biens ou de services
MINISTÈRE DE LA SÉCURITÉ PUBLIQUE ET DE LA PR Department of Public Safety and Emergency Prepa 1b
– Dépenses de fonctionnement – Dépenses en capital
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer çues au cours de celui-ci qui proviennent notamme services de soutien internes en vertu de l’article 29
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5b
– Subventions inscrites à tout budget des dépenses p – Contributions
MINISTÈRE DE L’EMPLOI ET DU DÉVELOPPEMENT SO Department of Employment and Social Developme 1b
– Dépenses de fonctionnement
– Autorisation d’effectuer des dépenses recouvrables Régime de pensions du Canada et de la Loi sur l’as
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– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer çues au cours de celui-ci qui proviennent de ce qui
a) les services visant à aider les provinces à adm grammes provinciaux financés aux termes des pement du marché du travail;
b) les services de soutien internes fournis en ve cette loi;
c) tout montant facturé à une société d’État en v la Loi sur l’indemnisation des agents de l’État en litige pour les recours par subrogation pour les
d) la portion des coûts de litige découlant des rè mandes de réclamation auprès de tiers pour les nismes faits en vertu de la Loi sur l’indemnisatio
– Versement, à chacun des membres du Conseil privé Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5b
– Subventions inscrites à tout budget des dépenses p – Contributions MINISTÈRE DE L’ENVIRONNEMENT Department of the Environment
1b
– Dépenses de fonctionnement
– Autorisation au ministre de l’Environnement d’enga conseils dont les commissions peuvent avoir besoi ci des traitements déterminés par celles-ci
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer çues au cours de celui-ci qui proviennent de la pres soutien internes en vertu de l’article 29.2 de cette lo services, de la vente de produits d’information, de d’accès ou de l’octroi de baux, de licences ou d’aut tamment :
a) les services de recherche, les services d’analy tifiques; b) les relevés hydrologiques; c) les services de réglementation;
d) les services de surveillance, notamment les a des sables bitumineux;
e) les droits d’accès à des biens immeubles fédé réels fédéraux; f) les permis;
g) les services relatifs à des biens immeubles fé réels fédéraux, notamment l’octroi de baux de s gnies pétrolières et gazières et l’octroi de licenc rage.
– Versement, à chacun des membres du Conseil privé Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre
Chapter 25: Appropriation Act No. 4, 2021–22 SCHEDULE (French)
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traitements, aux ministres d’État qui sont à la tête d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5b
– Dépenses en capital
– Autorisation de faire des paiements aux provinces titre de contributions aux travaux de construction e nistrations
– Autorisation de faire des avances recouvrables ne d des frais de projets conjoints assumée par des orga des organismes de l’extérieur, y compris les dépen propriétés n’appartenant pas au gouvernement féd 10b
– Subventions inscrites à tout budget des dépenses p
– Contributions, y compris celles aux pays en dévelop multilatéral pour l’application du Protocole de Mon paiements en argent ou de fourniture de biens, d’é vices MINISTÈRE DE L’INDUSTRIE Department of Industry 1b
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re de celui-ci qui proviennent de ce qui suit :
a) la prestation de services de soutien internes e de cette loi et de services de soutien internes à intellectuelle du Canada;
b) les activités liées aux recherches sur les com de recherches sur les communications;
c) les services et la procédure d’insolvabilité, au lite et l’insolvabilité, au Bureau du surintendant
d) les activités de Corporations Canada au titre les sociétés par actions, de la Loi sur les chamb Loi canadienne sur les coopératives et de la Loi ganisations à but non lucratif;
e) les services et la procédure réglementaire au rence pour les fusions et toute chose s’y rappor préalables à une fusion, les certificats de décisio consultatifs au titre de la Loi sur la concurrence
– Versement, à chacun des membres du Conseil privé Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 10b
– Subventions inscrites à tout budget des dépenses p – Contributions
MINISTÈRE DES AFFAIRES ÉTRANGÈRES, DU COMM DÉVELOPPEMENT Department of Foreign Affairs, Trade and Developm 1b
– Dépenses de fonctionnement, y compris celles liées présentants du Canada à l’étranger, à leur personn
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Postes
affectés par le gouvernement canadien au personn nationaux
– Autorisation de faire des avances recouvrables à de tionaux jusqu’à concurrence de la valeur des action ces organismes
– Dépenses relatives aux locaux de l’Organisation de tionale
– Autorisation d’effectuer des dépenses recouvrables et résidents canadiens qui se trouvent en difficulté leurs personnes à charge, et pour rapatrier ces per
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer çues au cours de celui-ci qui proviennent de ce qui a) les foires commerciales et éducatives; b) les publications ministérielles; c) la prestation des services suivants :
(i) la formation offerte par l’Institut canadien
(ii) les missions commerciales et autres serv du commerce international,
(iii) les services de développement des inves
(iv) les services de télécommunication intern
(v) les autres services fournis à l’étranger à d ganismes, sociétés d’État et autres organisat (vi) les services consulaires spécialisés.
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 10b
– Subventions inscrites à tout budget des dépenses p
– Contributions, y compris les paiements à d’autres fi ture de biens et de services pour :
a) la promotion du commerce et de l’investissem
b) l’aide humanitaire internationale et l’aide fou curité internationale, le développement internat diale. L25b
– Achat d’actions d’institutions financières internation 2021-2022 pour une somme d’au plus 113 260 814 $ 147 602 231 $ CAN —, effectué en conformité avec la Loi d’aide au développement international (instit grâce à l’aide financière fournie par le ministre des consultation avec le ministre des Finances MINISTÈRE DES ANCIENS COMBATTANTS Department of Veterans Affairs
1b
– Dépenses de fonctionnement
– Dépenses afférentes à l’entretien des biens immeub compris celles relatives à des travaux de génie et d qui n’ajoutent aucune valeur tangible au bien ainsi taxes, assurances et services publics
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– Sous réserve de l’approbation du gouverneur en co rentes :
a) aux travaux de réparation nécessaires sur de en vertu de contrats particuliers à prix ferme et à la Loi sur les terres destinées aux anciens com ch. V-4), afin de corriger des défectuosités dont ni l’entrepreneur ne peuvent être tenus financiè
b) à tout autre travail qui s’impose sur d’autres vegarder le droit ou l’intérêt que le directeur po propriétés.
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5b
– Subventions inscrites à tout budget des dépenses p tant inscrit à chacune des subventions pouvant être de l’approbation du Conseil du Trésor – Contributions
MINISTÈRE DES FEMMES ET DE L’ÉGALITÉ DES GEN Department for Women and Gender Equality 5b
– Subventions inscrites à tout budget des dépenses p – Contributions MINISTÈRE DES FINANCES Department of Finance
1b
– Dépenses du programme
– Subventions inscrites à tout budget des dépenses p – Contributions
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer çues au cours de celui-ci qui proviennent de la pres soutien internes en vertu de l’article 29.2 de cette lo
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada L25b
– Aide financière fournie par le ministre des Finances tionale de développement par l’octroi de prêts qui, graphe 8(2) de la Loi sur les accords de Bretton Wo connexes, ne peut excéder 287 710 000 $ US pour l quelle vient s’ajouter au montant d’aide financière au titre du crédit 5 de la Loi de crédits no 1 pour 20 Finances) MINISTÈRE DES PÊCHES ET DES OCÉANS Department of Fisheries and Oceans
1b
– Dépenses de fonctionnement
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– Participation du Canada aux dépenses des commis des pêches
– Autorisation de fournir gratuitement des locaux aux tionales des pêches
– Autorisation de faire des avances recouvrables équ de la quote-part de ces commissions dans les prog
– Autorisation de faire des avances recouvrables pou port et d’arrimage et d’autres services de la marine des particuliers, à des organismes indépendants et ments en lien avec l’exercice de sa compétence en y compris les aides à la navigation et à la navigatio
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re de celui-ci qui proviennent de ce qui suit : a) les activités de la Garde côtière canadienne;
b) la prestation de services de soutien internes e de cette loi.
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5b
– Dépenses en capital
– Autorisation de faire des paiements aux provinces, des autorités locales ou privées à titre de contribut construction entrepris par ces administrations ou a
– Autorisation d’acheter des bateaux de pêche comm 10b
– Subventions inscrites à tout budget des dépenses p – Contributions
MINISTÈRE DES RELATIONS COURONNE-AUTOCHTO DU NORD Department of Crown-Indigenous Relations and No 1b
– Dépenses de fonctionnement
– Dépenses relatives aux ouvrages, bâtiments et mat
– Autorisation d’effectuer des dépenses — recouvrab aux travaux effectués sur des propriétés n’apparten ment fédéral et aux services fournis à l’égard de ce
– Autorisation d’affecter des fonds dans le cadre d’ac grès économique des Indiens et des Inuits, relative la capacité des Indiens et des Inuits et à l’approvisi et en matériel
– Autorisation de vendre de l’électricité, conforméme prouvées par le gouverneur en conseil, aux consom particuliers vivant dans des centres éloignés lorsqu accès aux sources alternatives locales d’approvisio
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer çues au cours de celui-ci qui proviennent de la pres soutien internes en vertu de l’article 29.2 de cette lo
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po
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une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 10b
– Subventions inscrites à tout budget des dépenses p – Contributions MINISTÈRE DES RESSOURCES NATURELLES Department of Natural Resources
1b
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re de celui-ci qui proviennent de ce qui suit :
a) la vente de produits d’information et de prod
b) la délivrance de licences, de permis et de cer sur les explosifs et du Règlement de 2013 sur le
c) la formation et les attestations de formation l ment visés à l’alinéa b);
d) la perception, dans le cadre des activités du m des services de recherche, de consultation, d’év d’administration et pour l’accès à des travaux d
e) la prestation de services de soutien internes e de la Loi sur la gestion des finances publiques.
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5b
– Dépenses en capital
10b
– Subventions inscrites à tout budget des dépenses p – Contributions MINISTÈRE DES SERVICES AUX AUTOCHTONES Department of Indigenous Services
1b
– Dépenses de fonctionnement
– Dépenses relatives aux ouvrages, bâtiments et mat
– Autorisation d’effectuer des dépenses — recouvrab aux travaux effectués sur des propriétés n’apparten ment fédéral et aux services fournis à l’égard de ce
– Autorisation d’affecter des fonds dans le cadre d’ac grès économique des Indiens et des Inuits, relative la capacité des Indiens et des Inuits et à l’approvisi et en matériel
– Autorisation de vendre de l’électricité, conforméme prouvées par le gouverneur en conseil, aux consom particuliers vivant dans des centres éloignés lorsqu accès aux sources alternatives locales d’approvisio
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice
Chapter 25: Appropriation Act No. 4, 2021–22 SCHEDULE (French)
No du crédit
Postes
dépenses connexes engagées au cours de cet exer çues au cours de celui-ci qui proviennent de ce qui
a) la prestation de services ou la vente de produ protection de la santé et aux services médicaux
b) la prestation de services de soutien internes e de cette loi.
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5b
– Dépenses en capital
– Dépenses relatives aux bâtiments, ouvrages, terrain gestion, le contrôle et la propriété peuvent être tran
a) soit aux gouvernements provinciaux, selon le vées par le gouverneur en conseil;
b) soit à des bandes indiennes ou à des Indiens culier, à la discrétion du ministre des Services a
– Dépenses relatives aux bâtiments, ouvrages, terrain à l’égard de propriétés n’appartenant pas au gouve
– Autorisation d’effectuer des dépenses recouvrables dépassant pas la part des frais assumés par les gou ciaux pour des routes et ouvrages connexes 10b
– Subventions inscrites à tout budget des dépenses p
– Contributions, sous forme de paiements en argent o biens ou de services MINISTÈRE DU PATRIMOINE CANADIEN Department of Canadian Heritage 1b
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re de celui-ci qui proviennent de ce qui suit :
a) les activités de l’Institut canadien de conserva dien d’information sur le patrimoine et du Burea produits audiovisuels canadiens;
b) les activités afférentes au programme « Expé
c) la prestation de services de soutien internes e de cette loi.
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5b
– Subventions inscrites à tout budget des dépenses p
Chapter 25: Appropriation Act No. 4, 2021–22 SCHEDULE (French)
No du crédit
Postes – Contributions MUSÉE CANADIEN DE LA NATURE Canadian Museum of Nature
1b
– Paiements au Musée pour les dépenses de fonction en capital MUSÉE CANADIEN DE L’HISTOIRE Canadian Museum of History
1b
– Paiements au Musée pour les dépenses de fonction en capital MUSÉE CANADIEN DE L’IMMIGRATION DU QUAI 21 Canadian Museum of Immigration at Pier 21
1b
– Paiements au Musée pour les dépenses de fonction en capital MUSÉE CANADIEN DES DROITS DE LA PERSONNE Canadian Museum for Human Rights
1b
– Paiements au Musée pour les dépenses de fonction en capital MUSÉE DES BEAUX-ARTS DU CANADA National Gallery of Canada
1b
– Paiements au Musée pour les dépenses de fonction en capital
MUSÉE NATIONAL DES SCIENCES ET DE LA TECHNO National Museum of Science and Technology 1b
– Paiements au Musée pour les dépenses de fonction en capital OFFICE DES TRANSPORTS DU CANADA Canadian Transportation Agency
1b
– Dépenses du programme OFFICE NATIONAL DU FILM National Film Board
1b
– Dépenses du programme RÉGIE CANADIENNE DE L’ÉNERGIE Canadian Energy Regulator
1b
– Dépenses du programme
– Subventions inscrites à tout budget des dépenses p – Contributions
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re de celui-ci qui proviennent de la prestation de serv en vertu de l’article 29.2 de cette loi
Chapter 25: Appropriation Act No. 4, 2021–22 SCHEDULE (French)
No du crédit
Postes SECRÉTARIAT DU CONSEIL DU TRÉSOR Treasury Board Secretariat
1b
– Dépenses du programme
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re de celui-ci qui proviennent de la prestation de serv en vertu de l’article 29.2 de cette loi et de ses autre
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 10b
Initiatives pangouvernementales
– Autorisation donnée au Conseil du Trésor d’augmen pour l’exercice, pour appuyer la mise en œuvre d’in dans l’administration publique fédérale en matière 15b
Rajustements à la rémunération
– Autorisation donnée au Conseil du Trésor d’augmen pour l’exercice qui peut nécessiter un financement suite de rajustements effectués aux modalités de s l’administration publique fédérale, notamment la G Canada, des membres des Forces canadiennes, de par le gouverneur en conseil et des employés des s du paragraphe 83(1) de la Loi sur la gestion des fin
SERVICE ADMINISTRATIF DES TRIBUNAUX JUDICIAI Courts Administration Service 1b
– Dépenses du programme SERVICE CORRECTIONNEL DU CANADA Correctional Service of Canada
1b
– Dépenses de fonctionnement
– Subventions inscrites à tout budget des dépenses p – Contributions
– Autorisation de verser à la Caisse de bienfaisance d tirés, au cours de l’exercice, des activités des déten caisse
– Autorisation d’exploiter des cantines dans les établ de verser les recettes, au cours de l’exercice, à la C des détenus
– Paiements, selon les conditions fixées par le gouve
a) aux détenus libérés aux prises avec une incap tant de leur participation aux activités normales ments fédéraux ou pour le compte de tels déten
b) aux personnes à charge de détenus — libérés suite de leur participation à de telles activités.
– Autorisation au ministre de la Sécurité publique et sous réserve de l’approbation du gouverneur en co entente avec le gouvernement de toute province en
a) de l’incarcération, dans les établissements de sonnes condamnées ou transférées dans un pén
Chapter 25: Appropriation Act No. 4, 2021–22 SCHEDULE (French)
No du crédit
Postes
b) de l’indemnisation afférente à l’entretien de c
c) du paiement des frais de construction et d’au ces établissements.
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer çues au cours de celui-ci qui proviennent de la pres soutien internes en vertu de l’article 29.2 de cette lo SERVICES PARTAGÉS CANADA Shared Services Canada 1b
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice pour l de technologie de l’information au titre de la Loi su Canada, les recettes perçues au cours de celui-ci qu prestation de ces services 5b
– Dépenses en capital
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses en capital engagées au cours de cet exer çues au cours de celui-ci qui proviennent de la pres technologie de l’information au titre de la Loi sur S Canada
SOCIÉTÉ CANADIENNE D’HYPOTHÈQUES ET DE LOG Canada Mortgage and Housing Corporation 1b
– Paiements à la Société visant à la rembourser pour par elle sur les prêts consentis, les subventions et c les dépenses contractées, les pertes subies et les fr selon le cas : a) au titre de la Loi nationale sur l’habitation;
b) dans le cadre des attributions qui lui sont con loi fédérale et qu’elle exerce en conformité avec nadienne d’hypothèques et de logement. SOCIÉTÉ DU CENTRE NATIONAL DES ARTS National Arts Centre Corporation 1b
– Paiements à la Société pour les dépenses de fonctio TÉLÉFILM CANADA Telefilm Canada
1b
– Paiements à la société devant servir aux fins prévue Canada
Published under authority of the Speaker of the House of Commons 2021
Disponible sur le site Web de la Chambre des comm
|
Second Session, Forty-third Parliament, 69-70 Elizabeth II, 2020-2021
STATUTES OF CANADA 2021
CHAPTER 21
An Act to amend the Income Tax Act (transfer of small business or family farm or fishing corporation)
ASSENTED TO JUNE 29, 2021 BILL C-208
SUMMARY This enactment amends the Income Tax Act in order to provide that, in the case of qualified small business corporation shares and shares of the capital stock of a family farm or fishing corporation, siblings are deemed not to be dealing at arm’s length and to be related, and that, under certain conditions, the transfer of those shares by a taxpayer to the taxpayer’s child or grandchild who is 18 years of age or older is to be excluded from the antiavoidance rule of section 84.1.
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69-70 ELIZABETH II
CHAPTER 21
An Act to amend the Income Tax Act (transfer of small business or family farm or fishing corporation)
[Assented to 29th June, 2021] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: R.S., c. 1 (5th Supp.)
Income Tax Act 1 Subparagraph 55(5)(e)(i) of the Income Tax Act
is replaced by the following: (i) a person shall be deemed to be dealing with another person at arm’s length and not to be related to the other person if the person is the brother or sister of the other person, except in the case where the dividend was received or paid, as part of a transaction or event or a series of transactions or events, by a corporation of which a share of the capital stock is a qualified small business corporation share or a share of the capital stock of a family farm or fishing corporation within the meaning of subsection 110.6(1), 2 (1) Subsection 84.1(2) of the Act is amended by striking out “and” at the end of paragraph (b), by adding “and” at the end of paragraph (d), and by adding the following after paragraph (d): (e) if the subject shares are qualified small business
corporation shares or shares of the capital stock of a family farm or fishing corporation within the meaning of subsection 110.6(1), the taxpayer and the purchaser corporation are deemed to be dealing at arm’s length if the purchaser corporation is controlled by one or more children or grandchildren of the taxpayer who are 18 years of age or older and if the purchaser corporation does not dispose of the subject shares within 60 months of their purchase.
2020-2021
Chapter 21: An Act to amend the Income Tax Act (transfer of small business or family farm or fishing corporation) Income Tax Act Section 2
(2) Section 84.1 of the Act is amended by adding
the following after subsection (2.2):
Rules for paragraph 84.1(2)(e) (2.3) For the purposes of paragraph (2)(e), (a) if, otherwise than by reason of death, the purchaser corporation disposes of the subject shares within 60 months of their purchase: (i) paragraph (2)(e) is deemed never to have applied, (ii) the taxpayer is deemed, for the purposes of this section, to have disposed of the subject shares to the person who acquired them from the purchaser corporation, and (iii) the period of 60 months applicable to the operation that is deemed to have taken place under subparagraph (ii) is deemed to have begun when the taxpayer disposed of the subject shares to the purchaser corporation; (b) the deduction referred to in subsection 110.6(2) or (2.1) is, for a particular taxation year, the amount, if any, by which that deduction exceeds the amount determined by the formula: A × B / $11,250
where A
is the amount that would, but for this subsection, be the capital gains deduction referred to in subsection 110.6(2) or (2.1) for the particular taxation year; and
B
is the amount determined by the formula 0.00225 × (D - $10 million)
where D
is (a) if, in both the particular taxation year and
the preceding taxation year, the corporation is not associated with any corporation, the taxable capital employed in Canada (within the meaning assigned by subsection 181.2(1) or 181.3(1) or section 181.4, as the case may be) of the corporation for the preceding taxation year, (b) if, in the particular taxation year, the corporation is not associated with any corporation but was associated with one or more corporations in the preceding taxation year, the taxable capital employed in Canada (within
2020-2021
Chapter 21: An Act to amend the Income Tax Act (transfer of small business or family farm or fishing corporation) Income Tax Act Section 2
the meaning assigned by subsection 181.2(1) or 181.3(1) or section 181.4, as the case may be) of the corporation for the particular taxation year, or (c) if, in the particular taxation year, the corporation is associated with one or more particular corporations, the total of all amounts each of which is the taxable capital employed in Canada (within the meaning assigned by subsection 181.2(1) or 181.3(1) or section 181.4, as the case may be) of the corporation or of any of the particular corporations for its last taxation year that ended in the preceding calendar year; and (c) the taxpayer must provide the Minister with an independent assessment of the fair market value of the subject shares and an affidavit signed by the taxpayer and by a third party attesting to the disposal of the shares.
Published under authority of the Speaker of the House of Commons 2020-2021
Disponible sur le site Web de la Chambre des comm
|
Second Session, Forty-third Parliament, 69-70 Elizabeth II, 2020-2021
STATUTES OF CANADA 2021
CHAPTER 8
An Act to amend the Judges Act and the Criminal Code
ASSENTED TO MAY 6, 2021 BILL C-3
SUMMARY This enactment amends the Judges Act to restrict eligibility for judicial appointment to persons who undertake to participate in continuing education on matters related to sexual assault law and social context. It also amends the Judges Act to provide that the Canadian Judicial Council should report on seminars offered for the continuing education of judges on matters related to sexual assault law and social context. Finally, it amends the Criminal Code to require that judges provide reasons for decisions in sexual assault proceedings.
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69-70 ELIZABETH II
CHAPTER 8
An Act to amend the Judges Act and the Criminal Code [Assented to 6th May, 2021]
Preamble Whereas survivors of sexual assault in Canada must have faith in the criminal justice system;
Whereas Parliament recognizes the importance of an independent judiciary; Whereas parliamentarians have a responsibility to ensure that Canada’s democratic institutions reflect the values and principles of Canadians and respond to their needs and concerns; Whereas sexual assault proceedings have a profound effect on the reputations and lives of the persons affected and present a high possibility of revictimizing survivors of sexual assault; Whereas problematic interpretations of the law may arise in sexual assault proceedings; Whereas Parliament recognizes the value and importance of judges participating in continuing education; Whereas it is imperative that persons seeking to be appointed to the judiciary undertake to participate in continuing education on matters related to sexual assault law and social context; Whereas Parliament wishes to be made aware of seminars offered to federally appointed judges on matters related to sexual assault law and of judges’ participation in the seminars; And whereas reasons for decisions in sexual assault proceedings enhance the transparency and accountability of the judiciary;
Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
2020-2021
Chapter 8: An Act to amend the Judges Act and the Criminal Code Judges Act Sections 1-2
R.S., c. J-1
Judges Act 1992, c. 51, s. 3
1 (1) The portion of section 3 of the French version of the Judges Act before paragraph (a) is replaced by the following: Appartenance au barreau 3 Peuvent seules être nommées juges d’une juridiction
supérieure d’une province, si elles remplissent par ailleurs les conditions légales, les personnes qui, à la fois : 1996, c. 22, s. 2
(2) Paragraphs 3(a) and (b) of the Act are replaced by the following: (a) is a barrister or advocate of at least 10 years’ standing at the bar of any province or has, for an aggregate of at least 10 years, (i) been a barrister or advocate at the bar of any province, and (ii) after becoming a barrister or advocate at the
bar of any province, exercised powers and performed duties and functions of a judicial nature on a full-time basis in respect of a position held under a law of Canada or a province; and (b) undertakes to participate in continuing education
on matters related to sexual assault law and social context, which includes systemic racism and systemic discrimination, including by attending seminars established under paragraph 60(2)(b). 2 (1) Paragraph 60(2)(b) of the Act is replaced by
the following: (b) establish seminars for the continuing education of judges, including seminars on matters related to sexual assault law and social context, which includes systemic racism and systemic discrimination;
(2) Section 60 of the Act is amended by adding the
following after subsection (2): Seminars related to sexual assault law (3) The Council should ensure that seminars on matters
related to sexual assault law established under paragraph (2)(b)
2020-2021
Chapter 8: An Act to amend the Judges Act and the Criminal Code Judges Act Sections 2-4
(a) are developed after consultation with persons,
groups or organizations the Council considers appropriate, such as sexual assault survivors and persons, groups and organizations that support them, including Indigenous leaders and representatives of Indigenous communities; and (b) include, where the Council finds appropriate, instruction in evidentiary prohibitions, principles of consent and the conduct of sexual assault proceedings, as well as education regarding myths and stereotypes associated with sexual assault complainants.
3 The Act is amended by adding the following after section 62:
Report — seminars 62.1 (1) Within 60 days after the end of each calendar year, the Council should submit to the Minister a report on the seminars referred to in paragraph 60(2)(b) on matters related to sexual assault law and social context, which includes systemic racism and systemic discrimination, that were offered in the preceding calendar year. The report should include the following information: (a) the title and a description of the content of each
seminar, its duration and the dates on which it was offered; and (b) the number of judges who attended each seminar.
Tabling of report (2) The Minister shall cause a copy of any report received
to be tabled in each House of Parliament on any of the first 10 days on which that House is sitting after the Minister receives the report. R.S., c. C-46
Criminal Code 4 The Criminal Code is amended by adding the
following after section 278.97: Reasons 278.98 (1) In proceedings in respect of an offence under section 151, 152, 153, 153.1 or 155, subsection 160(2) or (3) or section 170, 171, 172, 173, 271, 272 or 273, the judge shall provide reasons for a decision that a person is (a) acquitted; (b) found guilty;
2020-2021
Chapter 8: An Act to amend the Judges Act and the Criminal Code Criminal Code Section 4
(c) discharged, after having been found guilty; (d) found not criminally responsible on account of mental disorder; or (e) found unfit to stand trial.
Historical offences (2) Subsection (1) also applies in proceedings for any offence under this Act, as it read from time to time before the day on which this section comes into force, if the conduct alleged would be an offence referred to in subsection (1) if it occurred on or after that day.
Record of reasons (3) The reasons shall be entered in the record of the proceedings or, if the proceedings are not recorded, shall be provided in writing. Proceedings before judge (4) This section applies only in proceedings before a
judge without a jury.
Published under authority of the Speaker of the House of Commons 2020-2021
Disponible sur le site Web de la Chambre des comm
|
Second Session, Forty-third Parliament, 69-70 Elizabeth II, 2020-2021
STATUTES OF CANADA 2021
CHAPTER 9
An Act respecting Kindness Week
ASSENTED TO JUNE 3, 2021 BILL S-223
SUMMARY This enactment designates the third week of February in each and every year as “Kindness Week”.
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69-70 ELIZABETH II
CHAPTER 9
An Act respecting Kindness Week [Assented to 3rd June, 2021]
Preamble Whereas kindness encourages values such as empathy, respect, gratitude and compassion;
Whereas kind acts lead to the improved health and well-being of Canadians; Whereas Kindness Week is already celebrated in some Canadian cities; Whereas designating and celebrating a Kindness Week throughout Canada will encourage acts of kindness, volunteerism and charitable giving to the benefit of all Canadians; Whereas Kindness Week will connect individuals and organizations to share resources, information and tools to foster more acts of kindness; And whereas Parliament envisions that Kindness Week might encourage a culture of kindness in Canada throughout the year;
Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Short Title Short title 1 This Act may be cited as the Kindness Week Act.
2020-2021
Chapter 9: Kindness Week Act Kindness Week Section 2
Kindness Week Kindness Week 2 Throughout Canada, in each and every year, the third
week of February is to be known as “Kindness Week”.
Published under authority of the Senate of Canada 2020-2021
Disponible sur le site Web du Sénat du Canad
|
Second Session, Forty-third Parliament, 69-70 Elizabeth II, 2020-2021
STATUTES OF CANADA 2021
CHAPTER 20
An Act to amend the Criminal Code (sports betting)
ASSENTED TO JUNE 29, 2021 BILL C-218
SUMMARY This enactment amends paragraph 207(4)(b) of the Criminal Code to make it lawful for the government of a province, or a person or entity licensed by the Lieutenant Governor in Council of that province, to conduct and manage a lottery scheme in the province that involves betting on a race — other than a horserace — or fight, or on a single sport event or athletic contest.
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69-70 ELIZABETH II
CHAPTER 20
An Act to amend the Criminal Code (sports betting) [Assented to 29th June, 2021] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Short Title Short title 1 Safe and Regulated Sports Betting Act.
R.S., c. C-46
Criminal Code 2 Paragraph 207(4)(b) of the Criminal Code is replaced by the following: (b) bookmaking, pool selling or the making or recording of bets, including bets made through the agency of a pool or pari-mutuel system, on any horse-race; or
Coming into Force Order in council 3 This Act comes into force on a day to be fixed
by order of the Governor in Council.
Published under authority of the Speaker of the House of Commons 2020-2021
Disponible sur le site Web de la Chambre des comm
|
Second Session, Forty-third Parliament, 69-70 Elizabeth II, 2020-2021
STATUTES OF CANADA 2021
CHAPTER 22
An Act respecting transparency and accountability in Canada’s efforts to achieve net-zero greenhouse gas emissions by the year 2050
ASSENTED TO JUNE 29, 2021 BILL C-12
RECOMMENDATION Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act respecting transparency and accountability in Canada’s efforts to achieve net-zero greenhouse gas emissions by the year 2050”.
SUMMARY This enactment requires that national targets for the reduction of greenhouse gas emissions in Canada be set, with the objective of attaining net-zero emissions by 2050. The targets are to be set by the Minister of the Environment for 2030, 2035, 2040 and 2045. In order to promote transparency and accountability in relation to meeting those targets, the enactment also (a) requires that an emissions reduction plan, a progress report and an assessment report with respect to each target be tabled in each House of Parliament; (b) provides for public participation; (c) establishes an advisory body to provide the Minister of the Environment with advice with respect to achieving netzero emissions by 2050 and matters that are referred to it by the Minister; (d) requires the Minister of Finance to prepare an annual report respecting key measures that the federal public administration has taken to manage its financial risks and opportunities related to climate change; (e) requires the Commissioner of the Environment and Sustainable Development to, at least once every five years, examine and report on the Government of Canada’s implementation of measures aimed at mitigating climate change; and (f) provides for a comprehensive review of the Act five years after its coming into force.
i
TABLE OF PROVISIONS An Act respecting transparency and accountability in Canada’s efforts to achieve net-zero greenhouse gas emissions by the year 2050 Preamble
Short Title 1
Canadian Net-Zero Emissions Accountability Act
Definitions 2
Definitions
Her Majesty 3
Binding on Her Majesty
Purpose 4
Purpose
Designation of Minister 5
Minister
Targets and Plans 6
Target — 2050
6.1
For greater certainty
Targets — milestone years
Setting emissions target
Emissions reduction plan
Emissions reduction plan — contents
Amendments
Other ministers
Public participation
13.1
Report
Progress report
Assessment report
Failure to achieve target
Reports
Tabling and Publication 17
Publication of target
Emissions reduction plan — tabling
2020-2021
ii
Chapter 22: Canadian Net-Zero Emissions Accountability Act TABLE OF PROVISIONS
Emissions reduction plan made public
Advisory Body 20
Establishment and mandate
Appointment and remuneration of members
Report
Minister of Finance 23
Annual report
Commissioner of the Environment and Sustainable Development 24
Commissioner’s report
Methodology
Regulations
Statutory Instruments Act
27.1
Review of Act
General Provisions
Consequential Amendment 28
Auditor General Act
Coming into Force 29
2020-2021
Section 23
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69-70 ELIZABETH II
CHAPTER 22
An Act respecting transparency and accountability in Canada’s efforts to achieve net-zero greenhouse gas emissions by the year 2050 [Assented to 29th June, 2021]
Preamble Whereas the science clearly shows that human activities are driving unprecedented changes in the Earth’s climate;
Whereas climate change poses significant risks to human health and security, to the environment, including biodiversity, and to economic growth; Whereas, Canada has ratified the Paris Agreement, done in Paris on December 12, 2015, which entered into force in 2016, and under that Agreement has committed to set and communicate ambitious national objectives and undertake ambitious national measures for climate change mitigation; Whereas the Paris Agreement seeks to strengthen the global response to climate change and reaffirms the goal of limiting global temperature increase to well below 2°C above pre-industrial levels, while pursuing efforts to limit that increase to 1.5°C; Whereas, the Intergovernmental Panel on Climate Change concluded that achieving net-zero greenhouse gas emissions by 2050 is key to keeping the rise in the global-mean temperature to 1.5°C above pre-industrial levels and minimizing climate-change related risks; Whereas the Government of Canada is committed to achieving and exceeding the target for 2030 set out in its nationally determined contribution communicated in accordance with the Paris Agreement; Whereas the Government of Canada has both international greenhouse gas emissions reporting obligations under the United Nations Framework Convention on Climate Change, including the national inventory report, the nationally determined contribution, the biennial report and the biennial transparency report, and domestic reporting obligations under Acts
2020-2021
Chapter 22: Canadian Net-Zero Emissions Accountability Act Short Title Preamble – Section 1
of Parliament, including the annual report under the Greenhouse Gas Pollution Pricing Act and the Minister of the Environment’s obligations under the PanCanadian Framework on Clean Growth and Climate Change, and it wishes to improve transparency and accountability in respect of greenhouse gas emissions targets by providing additional domestic reporting obligations; Whereas the Government of Canada has committed to developing a plan to set Canada on a path to achieve a prosperous net-zero-emissions future by 2050, supported by public participation and expert advice; Whereas the Government of Canada is committed to advancing the recognition-of-rights approach reflect‐ ed in section 35 of the Constitution Act, 1982 and in the United Nations Declaration on the Rights of Indigenous Peoples and to strengthening its collaboration with the Indigenous peoples of Canada with respect to measures for mitigating climate change, including by taking Indigenous knowledge into account when carrying out the purposes of this Act; Whereas the Government of Canada recognizes that its plan to achieve net-zero emissions by 2050 should contribute to making Canada’s economy more resilient, inclusive and competitive; Whereas climate change is a global problem that requires immediate and ambitious action by all governments in Canada as well as by industry, nongovernmental organizations and individual Canadians; And whereas the Government of Canada recognizes that significant collective and individual actions have already been taken and intends to sustain the momentum of those actions;
Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Short Title Short title 1 This Act may be cited as the Canadian Net-Zero Emissions Accountability Act.
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Chapter 22: Canadian Net-Zero Emissions Accountability Act Definitions Sections 2-4
Definitions Definitions 2 The following definitions apply in this Act.
Convention means the United Nations Framework Convention on Climate Change, done in New York on May 9, 1992. (Convention) emissions reduction plan means a plan established under subsection 9(1). (plan de réduction des émissions) Indigenous knowledge means the Indigenous knowledge of the Indigenous peoples of Canada. (connaissances autochtones) Indigenous peoples of Canada has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982. (peuples autochtones du Canada) milestone year means any of the years 2030, 2035, 2040 and 2045. (année jalon) Minister means the Minister of the Environment or, if another federal minister is designated under section 5, that minister. (ministre) net-zero emissions means that anthropogenic emissions of greenhouse gases into the atmosphere are balanced by anthropogenic removals of greenhouse gases from the atmosphere over a specified period. (carboneutralité)
Her Majesty Binding on Her Majesty 3 This Act and its regulations are binding on Her
Majesty in right of Canada.
Purpose Purpose 4 The purpose of this Act is to require the setting of national targets for the reduction of greenhouse gas emissions based on the best scientific information available and to promote transparency, accountability and immediate and ambitious action in relation to achieving those targets, in support of achieving net-zero emissions in Canada by 2050 and Canada’s international commitments in respect of mitigating climate change.
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Chapter 22: Canadian Net-Zero Emissions Accountability Act Designation of Minister Sections 5-7
Designation of Minister Minister 5 The Governor in Council may, by order, designate any
federal minister to be the Minister referred to in this Act.
Targets and Plans Target — 2050 6 The national greenhouse gas emissions target for 2050 is net-zero emissions.
For greater certainty 6.1 For greater certainty, nothing in this Act precludes
attaining net-zero emissions before 2050. Targets — milestone years 7 (1) The Minister must set a national greenhouse gas
emissions target for each milestone year with a view to achieving the target set out in section 6. Progression (1.1) Each greenhouse gas emissions target must represent a progression beyond the previous one. Target — 2030 (2) The national greenhouse gas emissions target for 2030 is Canada’s nationally determined contribution for that year, communicated under the Paris Agreement, as amended from time to time.
Paris Agreement (3) Each greenhouse gas emissions target must be as ambitious as Canada’s most recent nationally determined contribution communicated under the Paris Agreement.
Subsequent targets (4) The Minister must set the national greenhouse gas
emissions target (a) for the 2035 milestone year, no later than December 1, 2024; (b) for the 2040 milestone year, no later than December 1, 2029; and (c) for the 2045 milestone year, no later than December 1, 2034.
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Chapter 22: Canadian Net-Zero Emissions Accountability Act Targets and Plans Sections 7-9
Description — key measures (5) Within one year after a greenhouse gas emissions target is set for a milestone year after 2030, the Minister must publish a high level description, similar to Canada’s nationally determined contribution communicated under the Paris Agreement, of the key greenhouse gas emissions reduction measures the Government of Canada intends to take to achieve that target and the latest projections of the annual greenhouse gas emissions, taking into account the combined impact of those measures in the period between the publication of the description and the milestone year in question.
Setting emissions target 8 When setting a greenhouse gas emissions target, the Minister must take into account (a) the best scientific information available; (b) Canada’s international commitments with respect to climate change; (c) Indigeneous knowledge; and (d) submissions provided by the advisory body under
section 13 and advice it provided in its report under subsection 22(1).
Emissions reduction plan 9 (1) The Minister must establish a greenhouse gas emissions reduction plan for achieving the target set by section 6 and each target set under section 7.
Plan — 2030 (2) The Minister must establish an emissions reduction plan for 2030 within six months after the day on which this Act comes into force.
Interim objective for 2026 (2.1) The emissions reduction plan for 2030 must include an interim greenhouse gas emissions objective for 2026. Extension (3) The Minister may, in a decision containing reasons
and made available to the public, extend the time limit set out in subsection (2) by 90 days.
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Chapter 22: Canadian Net-Zero Emissions Accountability Act Targets and Plans Sections 9-10
Subsequent plans (4) The Minister must establish each subsequent emissions reduction plan at least five years before the beginning of the year to which it relates.
Considerations (5) When establishing a greenhouse gas emissions reduction plan, the Minister must take into account the United Nations Declaration on the Rights of Indigenous Peoples, the submissions provided by the advisory body under section 13 and advice it provided in its report under subsection 22(1), and any other considerations that are relevant to the purpose of this Act. Emissions reduction plan — contents 10 (1) An emissions reduction plan must contain (a) the greenhouse gas emissions target for the year to which the plan relates; (a.1) a summary of Canada’s most recent official
greenhouse gas emissions inventory and information relevant to the plan that Canada submitted under its international commitments with respect to climate change; (b) a description of the key emissions reduction measures the Government of Canada intends to take to achieve the greenhouse gas emissions target; (b.1) a description of how Canada’s international commitments with respect to climate change are taken into account in the plan; (c) a description of any relevant sectoral strategies; (d) a description of emissions reduction strategies for
federal government operations; (e) a projected timetable for implementation for each of the measures and strategies described in paragraphs (a) to (d); (f) projections of the annual greenhouse gas emission
reductions resulting from those combined measures and strategies, including projections for each economic sector that is included in Canada’s reports under the Convention; and (g) a summary of key cooperative measures or agreements with provinces and other governments in Canada.
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Chapter 22: Canadian Net-Zero Emissions Accountability Act Targets and Plans Sections 10-14
Explanation (2) An emissions reduction plan must explain how the
greenhouse gas emissions target set out in the plan and the key measures and the strategies that the plan describes will contribute to Canada achieving net-zero emissions by 2050. Other information (3) An emissions reduction plan may contain any other
information that relates to that plan or to the purpose of this Act, including information on initiatives or other measures undertaken by the governments of the provinces, Indigenous peoples of Canada, municipal governments or the private sector that may contribute to achieving the greenhouse gas emissions target. Amendments 11 The Minister may amend an emissions target set under section 7 or an emissions reduction plan in a manner that is consistent with the purpose of this Act.
Other ministers 12 When establishing or amending an emissions reduction plan, the Minister must do so in consultation with the other federal ministers having duties and functions relating to the measures that may be taken to achieve that target. Public participation 13 When setting or amending a national greenhouse gas
emissions target or establishing or amending an emissions reduction plan, the Minister must, in the manner the Minister considers it appropriate, provide the governments of the provinces, Indigenous peoples of Canada, the advisory body established under section 20 and interested persons, including any expert the Minister considers appropriate to consult, with the opportunity to make submissions. Report 13.1 The Minister must publish on a Government of Canada website, and by any other means that the Minister considers appropriate, a report on the results of the consultations carried out under section 13.
Reports Progress report 14 (1) In consultation with the ministers referred to in
section 12, the Minister must prepare at least one progress report relating to each milestone year and to
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Chapter 22: Canadian Net-Zero Emissions Accountability Act Reports Section 14
2050 no later than two years before the beginning of the relevant year. First progress reports (1.1) In consultation with the ministers referred to in section 12, the Minister must prepare a progress report in respect of the first milestone year by no later than the end of 2023, another by no later than the end of 2025 and another by no later than the end of 2027.
2025 progress report (1.2) The 2025 progress report must contain an assessment of the 2030 greenhouse gas emissions target, based on the most recent developments in science, technology and greenhouse gas emissions management, and the Minister must consider whether the target should be changed, based on those developments.
Content of report (2) A progress report must contain (a) an update on the progress that has been made towards achieving the greenhouse gas emissions target; (a.1) Canada’s most recent published greenhouse gas
emissions projections for the next milestone year; (a.2) a summary of Canada’s most recent official
greenhouse gas emissions inventory and the information, relevant to the report, that Canada submitted under its international commitments with respect to climate change; (b) an update on the implementation of the federal
measures, sectoral strategies and federal government operations strategies described in the relevant emissions reduction plan and, if available, updated projections of annual greenhouse gas emission reductions resulting from those combined measures and strategies; (b.1) an update on the implementation of the key cooperative measures or agreements with provinces or other governments in Canada described in the relevant emissions reduction plan; (b.2) if the projections indicate that the plan’s greenhouse gas emissions target will not be met, details of any additional measures that could be taken to increase the probability of achieving that target; and (c) any other information that the Minister considers appropriate.
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Chapter 22: Canadian Net-Zero Emissions Accountability Act Reports Sections 14-15
Interim progress (3) Any progress report relating to 2030 must include an
update on the progress that has been made towards achieving the interim greenhouse gas emissions objective for 2026. Assessment report 15 (1) In consultation with the ministers referred to in section 12, the Minister must prepare an assessment report in relation to a milestone year or to 2050 no later than 30 days after the day on which Canada submits its official greenhouse gas emissions inventory report in accordance with the Convention in relation to the relevant milestone year or to 2050, as the case may be.
Contents of report (2) An assessment report must contain (a) a summary of Canada’s most recent official greenhouse gas emissions inventory and information, relevant to the report, that Canada submitted under its international commitments with respect to climate change; (b) a statement on whether Canada has achieved its
national greenhouse gas emissions target for that year; (c) an assessment of how the federal measures, sectoral strategies, and federal government operations strategies described in the relevant emissions reduction plan contributed to Canada’s efforts to achieve the national greenhouse gas emissions target for that year; (c.1) an assessment of how the key cooperative measures or agreements with provinces or other governments in Canada described in the relevant emissions reduction plan contributed to Canada’s efforts to achieve the national greenhouse gas emissions target for that year; (d) any information relating to adjustments that could
be made to subsequent emissions reduction plans in order to increase the probability of meeting subsequent national greenhouse gas emissions targets; and (e) any other information that the Minister considers appropriate.
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Chapter 22: Canadian Net-Zero Emissions Accountability Act Reports Sections 15-19
Failure to achieve target 16 If the Minister concludes that Canada has not
achieved its national greenhouse gas emissions target for a milestone year or for 2050, as the case may be, the Minister must, after consulting with the ministers referred to in section 12, include the following in the assessment report: (a) the reasons why Canada failed to meet the target; (b) a description of actions the Government of Canada
is taking or will take to address the failure to achieve the target; and (c) any other information that the Minister considers appropriate.
Tabling and Publication Publication of target 17 The Minister may publish the national greenhouse gas emissions target for the milestone year to which an emissions reduction plan relates before that plan is tabled in each House of Parliament.
Emissions reduction plan — tabling 18 (1) The Minister must cause each emissions reduction plan to be tabled in each House of Parliament on any of the first 15 days on which that House is sitting after the day on which the plan is established. Amendment — tabling (2) The Minister must cause any amendment to an emissions reduction plan to be tabled in each House of Parliament on any of the first 15 days on which that House of Parliament is sitting after the day on which the amendment is made. Reports — tabling (3) The Minister must cause each progress report and
each assessment report to be tabled in each House of Parliament on any of the first 15 days on which that House is sitting after the day on which the report is finalized. Emissions reduction plan made public 19 (1) The Minister must make each emissions reduction plan available to the public, in the manner the Minister considers appropriate, as soon as feasible after it is tabled in either House of Parliament.
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Chapter 22: Canadian Net-Zero Emissions Accountability Act Tabling and Publication Sections 19-21
Amendments made public (2) The Minister must make each amendment to an
emissions reduction plan available to the public, in the manner the Minister considers appropriate, as soon as feasible after it is tabled in either House of Parliament. Reports made public (3) The Minister must make each progress report and
each assessment report available to the public, in the manner the Minister considers appropriate, as soon as feasible after they are tabled in either House of Parliament.
Advisory Body Establishment and mandate 20 (1) There is established an advisory body, called the Net-Zero Advisory Body, whose mandate is to provide the Minister with independent advice with respect to achieving net-zero emissions by 2050, including advice respecting (a) greenhouse gas emissions targets under section 7; (b) greenhouse gas emissions reduction plans under
section 9, including measures and sectoral strategies that the Government of Canada could implement to achieve a greenhouse gas emissions target; and (c) any matter referred to it by the Minister.
Engagement activities (1.1) The advisory body’s mandate also includes conducting engagement activities related to achieving netzero emissions. Terms of reference (2) The Minister may determine and amend the terms of
reference of the advisory body and must make any terms of reference or amendments to those terms available to the public. Appointment and remuneration of members 21 (1) The Governor in Council appoints the members of the advisory body on the recommendation of the Minister and fixes their remuneration.
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Chapter 22: Canadian Net-Zero Emissions Accountability Act Advisory Body Sections 21-22
Minister’s recommendation (1.1) When making a recommendation, the Minister
must consider the need for the advisory body as a whole to have expertise in, or knowledge of, (a) climate change science, including the environmental, ecological, social, economic and distributional effects of climate change; (b) Indigenous knowledge; (c) other relevant physical and social sciences, including economic analysis and forecasting; (d) climate change and climate policy at the national,
subnational and international levels, including the likely effects and efficacy of potential responses to climate change; (e) energy supply and demand; and (f) relevant technologies.
Composition of body (2) The advisory body is composed of no more than fifteen members, who are appointed on a part-time basis for a renewable term of up to three years. Co-chairs (3) The Governor in Council, on the recommendation of
the minister, designates two co-chairs from among the members appointed under subsection (1).
Reimbursement of expenses (4) The members are entitled to be reimbursed, in accordance with Treasury Board directives, for the travel, living and other expenses incurred in connection with their work for the advisory body while absent from their ordinary place of residence.
Deemed employment (5) Members of the advisory body are deemed to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act.
Report 22 (1) The advisory body must submit an annual report
to the Minister with respect to its advice and activities,
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Chapter 22: Canadian Net-Zero Emissions Accountability Act Advisory Body Sections 22-24
including setting out the result of its engagement activities. Factors (1.1) When providing its advice and preparing its report,
the advisory body must take into account a range of factors, to the extent they are relevant to the purpose of this Act including environmental, economic, social and technological and the best available scientific information and knowledge, including Indigenous knowledge, respecting climate change.
Minister’s response (2) The Minister must make the annual report available to the public within 30 days after receiving it and then, within 120 days after receiving the report, the Minister must publicly respond to the advice that the advisory body includes in it with respect to the matters referred to in paragraphs 20(1)(a) to (c), including any national greenhouse gas emissions target that is recommended by the advisory body if the Minister has set a target that is different from it.
Minister of Finance Annual report 23 The Minister of Finance must, in cooperation with the Minister, prepare an annual report respecting key measures that the federal public administration has taken to manage its financial risks and opportunities related to climate change. The Minister of Finance must make that report available to the public.
Commissioner of the Environment and Sustainable Development Commissioner’s report 24 (1) The Commissioner of the Environment and Sustainable Development must, at least once every five years, examine and report on the Government of Canada’s implementation of the measures aimed at mitigating climate change, including those undertaken to achieve its most recent greenhouse gas emissions target as identified in the relevant assessment report.
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Chapter 22: Canadian Net-Zero Emissions Accountability Act Commissioner of the Environment and Sustainable Development Sections 24-27
Recommendations (2) The report may include recommendations related to improving the effectiveness of the Government of Canada’s implementation of the measures with respect to climate change mitigation that it has committed to undertake in an emissions reduction plan.
Submission (3) The report is submitted as part of the next annual report the Commissioner makes under subsection 23(2) of the Auditor General Act.
First report (4) The first report must be submitted no later than the
end of 2024.
General Provisions Methodology 25 Subject to any regulation made under section 26, the
methodology used to report on Canada’s greenhouse gas emissions for each milestone year and for 2050 must be consistent with the methodology used by Canada in its official national greenhouse gas emission inventory report for the Convention. Regulations 26 (1) The Governor in Council may make regulations
for the purposes of this Act, including regulations (a) amending or specifying the methodology to be
used to report on Canada’s greenhouse gas emissions for each milestone year and for 2050, including with respect to greenhouse gas emissions and removals; and (b) amending any timeline set out in this Act, other than the ones set out in sections 6 and 24, or any milestone year, for the purposes of aligning it with Canada’s international commitments.
International standards (2) Any regulation made under subsection (1) must align with the international standards to which Canada adheres.
Statutory Instruments Act 27 For greater certainty, the emissions reduction plans,
the reports made under this Act, any ministerial decision made under subsection 9(3) and any terms of reference set under subsection 20(2) are not statutory instruments for the purposes of the Statutory Instruments Act.
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Chapter 22: Canadian Net-Zero Emissions Accountability Act General Provisions Sections 27-29
Review of Act 27.1 Five years after the day on which this Act comes into force, a comprehensive review of the provisions and operation of the Act is to be undertaken by the committee of the Senate, of the House of Commons or of both Houses of Parliament that is designated or established by the Senate or the House of Commons, or by both Houses of Parliament, as the case may be, for that purpose.
Consequential Amendment R.S., c. A-17
Auditor General Act 28 The Auditor General Act is amended by
adding the following after section 21.1: Additional functions 21.2 The Commissioner must also carry out the functions assigned to them under the Canadian Net-Zero Emissions Accountability Act.
Coming into Force Section 23 29 Section 23 comes into force on a day to be fixed by order of the Governor in Council.
Published under authority of the Speaker of the House of Commons 2020-2021
Disponible sur le site Web de la Chambre des comm
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Second Session, Forty-third Parliament, 69-70 Elizabeth II, 2020-2021
STATUTES OF CANADA 2021
CHAPTER 23
An Act to implement certain provisions of the budget tabled in Parliament on April 19, 2021 and other measures
ASSENTED TO JUNE 29, 2021 BILL C-30
RECOMMENDATION His Excellency the Administrator of the Government of Canada recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act to implement certain provisions of the budget tabled in Parliament on April 19, 2021 and other measures”.
SUMMARY Part 1 implements certain income tax measures by (a) providing relieving measures in connection with COVID-19 in respect of the use by an employee of an employer-provided automobile for the 2020 and 2021 taxation years; (b) limiting the benefit of the employee stock option deduction for employees of certain employers; (c) providing an adjustment for payments or repayments of government assistance in determining capital cost allowance for certain zero-emission vehicles; (d) expanding the scope of the foreign affiliate dumping rules to further their objectives; (e) providing change in use rules for multi-unit residential properties; (f) establishing rules for advanced life deferred annuities; (g) providing for an option to deduct repaid emergency benefit amounts in the year of benefit receipt and clarifying the tax treatment of non-resident beneficiaries; (h) removing the time limitation for a registered disability savings plan to remain registered after the cessation of a beneficiary’s eligibility for the disability tax credit and modifying grant and bond repayment obligations; (i) increasing the basic personal amount for certain taxpayers; (j) providing a temporary special reading of certain rules relating to the child care expense deduction and the disability supports deduction for the 2020 and 2021 taxation years; (k) providing flow-through share issuers with temporary additional time to incur eligible expenses to be renounced to investors under their flow-through share agreements; (l) applying the short taxation year rule to the accelerated investment incentive for resource expenditures; (m) introducing the Canada Recovery Hiring Program refundable tax credit to support the post-pandemic recovery; (n) amending the employee life and health trust rules to allow for the conversion of health and welfare trusts to employee life and health trusts;
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Chapter 23: Budget Implementation Act, 2021, No. 1 SUMMARY
(o) expanding access to the Canada Workers Benefit by revising the applicable eligibility thresholds for the 2021 and subsequent taxation years; (p) amending the income tax measures providing support for Canadian journalism; (q) clarifying the definition of shared-custody parent for the purposes of the Canada Child Benefit; (r) revising the eligibility criteria, as well as the level of subsidization, under the Canada Emergency Wage Subsidy (CEWS) and Canada Emergency Rent Subsidy (CERS), extending the CEWS and the CERS until September 25, 2021, providing authority to enable the extension of these subsidies until November 30, 2021, and ensuring that the level of CEWS benefits for furloughed employees continues to align with the benefits provided through the Employment Insurance Act until August 28, 2021; (s) preventing the use by mutual fund trusts of a method of allocating capital gains or income to their redeeming unitholders where the use of that method inappropriately defers tax or converts ordinary income into capital gains; (t) extending the income tax deferral available for certain patronage dividends paid in shares by an agricultural cooperative corporation to payments made before 2026; (u) limiting transfers of pensionable service into individual pension plans; (v) establishing rules for variable payment life annuities; (w) preventing listed terrorist entities under the Criminal Code from qualifying as registered charities and providing for the suspension or revocation of a charity’s registration where it makes false statements for the purpose of maintaining registration; (x) ensuring the appropriate interaction of transfer pricing rules and other rules in the Income Tax Act; (y) preventing non-resident taxpayers from avoiding Canadian dividend withholding tax on compensation payments made under cross-border securities lending arrangements with respect to Canadian shares; (z) allowing for the electronic delivery of requirements for information to banks and credit unions; (aa) improving existing rules meant to prevent taxpayers from using derivative transactions to convert ordinary income into capital gains; (bb) extending to a wider array of eligible automotive equipment and vehicles the 100% capital cost allowance write-off for business investments in certain zero-emission vehicles; (cc) ensuring that the accelerated investment incentive for depreciable property applies properly in particular circumstances; and (dd) providing rules for contributions to a specified multiemployer plan for older members.
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It also makes related and consequential amendments to the Excise Tax Act, the Air Travellers Security Charge Act, the Excise Act, 2001, the Greenhouse Gas Pollution Pricing Act, the Income Tax Regulations and the Canada Disability Savings Regulations.
Part 2 implements certain Goods and Services Tax/Harmonized Sales Tax (GST/HST) measures by (a) temporarily relieving supplies of certain face masks and face shields from the GST/HST; (b) ensuring that non-resident vendors supplying digital products or services (including traditional services) to consumers in Canada be required to register for the GST/HST and to collect and remit the tax on their taxable supplies to consumers in Canada; (c) requiring distribution platform operators and non-resident vendors to register under the normal GST/HST rules and to collect and remit the GST/HST in respect of certain supplies of goods shipped from a fulfillment warehouse or another place in Canada; (d) applying the GST/HST on all supplies of short-term accommodation in Canada facilitated through a digital platform; (e) expanding the eligibility for the GST rebate for new housing; (f) expanding the definition of freight transportation service for the purposes of the GST/HST; (g) extending the application of the drop-shipment rules for the purposes of the GST/HST; (h) treating virtual currency as a financial instrument for the purposes of the GST/HST; and (i) clarifying the GST/HST holding corporation rules and expanding those rules to holding partnerships and trusts.
It also makes related and consequential amendments to the New Harmonized Value-added Tax System Regulations, No. 2. Part 3 implements certain excise measures by increasing excise duty rates on tobacco products by $4.00 per carton of 200 cigarettes along with corresponding increases to the excise duty rates on other tobacco products. Part 4 enacts an Act and amends several Acts in order to implement various measures. Division 1 of Part 4 amends the Canada Deposit Insurance Corporation Act to, among other things, (a) specify the steps that an assessor must follow when they review a determination of the Canada Deposit Insurance Corporation with respect to the payment of compensation to certain persons;
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(b) clarify that the determination of whether or not persons are entitled to compensation is to be made in accordance with the regulations; (c) prevent a person from taking certain actions in relation to certain agreements between the person and a federal member institution by reason only of a monetary default by that institution in the performance of obligations under those agreements if the default occurs in the period between the making of an order directing the conversion of that institution’s shares or liabilities and the occurrence of the conversion; (d) require certain federal member institutions to ensure that certain provisions of that Act — or provisions that have substantially the same effect as those provisions — apply to certain eligible financial contracts, including those contracts that are subject to the laws of a foreign state; (e) exempt eligible financial contracts between a federal member institution and certain entities, including Her Majesty in right of Canada, from a provision of that Act that prevents certain actions from being taken in relation to those contracts; and (f) extend periods applicable to certain restructuring transactions for financial institutions. It also amends the Payment Clearing and Settlement Act to (a) specify the steps that an assessor must follow when they review a determination of the Bank of Canada with respect to the payment of compensation to certain persons or entities; and (b) clarify that systems or arrangements for the exchange of payment messages for the purpose of clearing or settlement of payment obligations may be overseen by the Bank of Canada as clearing and settlement systems. Finally, it amends not-in-force provisions of the Canada Deposit Insurance Corporation Act, enacted by the Budget Implementation Act, 2018, No. 1, so that, under certain circumstances, an error or omission that results in a failure to meet a requirement of the schedule to the Canada Deposit Insurance Corporation Act will not prevent a deposit from being considered a separate deposit. Division 2 of Part 4 amends the Bank of Canada Act to authorize the Bank of Canada to publish certain information about unclaimed amounts. It also amends the Pension Benefits Standards Act, 1985 with respect to the transfer of pension plan assets relating to the pension benefit credit of any person who cannot be located to, among other things, (a) limit the circumstances in which such assets may be transferred and specify conditions for the transfer; and (b) specify the effects of a transfer on any claims that may be made in respect of those assets. Finally, it amends the Trust and Loan Companies Act and the Bank Act to (a) include amounts that are not in Canadian currency in the unclaimed amounts regime; and (b) impose additional requirements on financial institutions in connection with their transfers of unclaimed amounts to the Bank of Canada and communications with the owners of those amounts. Division 3 of Part 4 amends the Budget Implementation Act, 2018, No. 2 to exclude certain businesses from the application of a provision of the Bank Act that it enacts, which allows certain
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agreements that have been entered into with banks to be cancelled. Division 4 of Part 4 amends the Trust and Loan Companies Act, the Bank Act and the Insurance Companies Act to extend the period during which federal financial institutions governed by those Acts may carry on business to June 30, 2025. Division 5 of Part 4 amends the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) to (a) provide that the entities referred to in that Act are no longer required to disclose to the principal agency or body that supervises or regulates them the fact that they do not have in their possession or control any property of a foreign national who is the subject of an order or regulation made under that Act; and (b) change the frequency with which those entities are required to disclose to the principal agency or body that supervises or regulates them the fact that they have such property in their possession or control from once a month to once every three months. Division 6 of Part 4 amends the Proceeds of Crime (Money Laundering) and Terrorist Financing Act to (a) extend the application of Part 1 of that Act to include persons and entities engaged in the business of transporting currency or certain other financial instruments; (b) provide that the Financial Transactions and Reports Analysis Centre make assessments to be paid by persons or entities to which Part 1 applies, based on the amount of certain expenses incurred by the Centre, and to authorize the Governor in Council to make regulations respecting those assessments; (c) amend the definitions of designated information to include certain information associated with virtual currency transactions and widely held or publicly traded trusts that the Centre can disclose to law enforcement or other governmental bodies; (d) change the maximum penalties for summary conviction offences; (e) expand the list of persons or entities that are not eligible for registration with the Centre; and (f) make other technical amendments.
Division 7 of Part 4 enacts the Retail Payment Activities Act, which establishes an oversight framework for retail payment activities. Among other things, that Act requires certain payment service providers to identify and mitigate operational risks, safeguard end-user funds and register with the Bank of Canada. That Act also provides the Minister of Finance with powers to address risks related to national security that could be posed by payment service providers. This Division also makes related amendments to the Canada Deposit Insurance Corporation Act, the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, the Financial Consumer Agency of Canada Act and the Payment Card Networks Act.
Division 8 of Part 4 amends the Pension Benefits Standards Act, 1985 to establish new requirements and grant new regulationmaking powers to the Governor in Council with respect to negotiated contribution plans.
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Division 9 of Part 4 amends the First Nations Fiscal Management Act to allow First Nations that are borrowing members of the First Nations Finance Authority to assign their rights to certain revenues payable by Her Majesty in right of Canada, for the purpose of securing financing for that Authority’s borrowing members. Division 10 of Part 4 amends the Federal-Provincial Fiscal Arrangements Act to, among other things, increase the maximum amount of a fiscal stabilization payment that may be made to a province and to make technical changes to the calculation of fiscal stabilization payments. Division 11 of Part 4 amends the Federal-Provincial Fiscal Arrangements Act to authorize additional payments to the provinces and territories. Division 12 of Part 4 authorizes payments to be made out of the Consolidated Revenue Fund in relation to Canada’s COVID-19 immunization plan. Division 13 of Part 4 authorizes payments to be made out of the Consolidated Revenue Fund in relation to infrastructure and amends the heading of Part 9 of the Keeping Canada’s Economy and Jobs Growing Act. Division 14 of Part 4 authorizes amounts to be paid out of the Consolidated Revenue Fund, to a maximum total amount of $3,056,491,000, for annual payments to Newfoundland and Labrador in accordance with the terms and conditions of the Hibernia Dividend Backed Annuity Agreement. Division 15 of Part 4 amends the Nova Scotia and Newfoundland and Labrador Additional Fiscal Equalization Offset Payments Act to authorize the Minister of Finance to make an additional fiscal equalization offset payment to Nova Scotia for the 2020–2021 fiscal year and to extend that Minister’s authority to make additional fiscal equalization offset payments to Nova Scotia until March 31, 2023. Division 16 of Part 4 amends the Telecommunications Act to provide that decisions made by the Canadian Radio-television and Telecommunications Commission on whether or not to allocate funding to expand access to telecommunications services in underserved areas are not subject to review under section 12 or 62 of that Act but are subject to review by the Commission on its own initiative. It also amends that Act to provide for the exchange of information within the federal government and with provincial governments for the purpose of coordinating financial support for access to telecommunications services in underserved areas. Division 17 of Part 4 amends the Canada Small Business Financing Act to, among other things, (a) specify that lines of credit are loans; (b) set a limit on the liability of the Minister of Small Business and Tourism in respect of each lender for lines of credit; (c) remove the restriction excluding not-for-profit businesses, charitable businesses and businesses having as their principal object the furtherance of a religious purpose as eligible borrowers; (d) increase the maximum amount of all loans that may be made in relation to a borrower under that Act; and (e) provide that lesser maximum loan amounts may be prescribed by regulation for loans other than lines of credit, lines of credit and prescribed classes of loans.
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Division 18 of Part 4 amends the Customs Act to change certain rules respecting the correction of declarations made under section 32.2 of that Act, the payment of interest due to Her Majesty and securities required under that Act, and to define the expression “sold for export to Canada” for the purposes of Part III of that Act. Division 19 of Part 4 amends the Canada–United States–Mexico Agreement Implementation Act to require the concurrence of the Minister of Finance when the Minister designated for the purposes of section 16 of that Act appoints panellists and committee members and proposes the names of individuals for rosters under Chapter 10 of the Canada–United States–Mexico Agreement. Division 20 of Part 4 amends Part 5 of the Department of Employment and Social Development Act to make certain reforms to the Social Security Tribunal, including (a) changing the criteria for granting leave to appeal and introducing a de novo model for appeals of decisions of the Income Security Section at the Appeal Division; (b) giving the Governor in Council the authority to prescribe the circumstances in which hearings may be held in private; and (c) giving the Chairperson of the Social Security Tribunal the authority to make rules of procedure governing appeals. Division 21 of Part 4 amends the definition of “previous contractor” in Part I of the Canada Labour Code in order to extend equal remuneration protection to employees who are covered by a collective agreement and who work for an employer that (a) provides services at an airport to another employer in the air transportation industry; or (b) provides services to another employer in another industry and at other locations that may be prescribed by regulation. Division 22 of Part 4 amends Part III of the Canada Labour Code to establish a federal minimum wage of $15 per hour and to provide that if the minimum wage of a province or territory is higher than the federal minimum wage, the employer is to pay a minimum wage that is not less than that higher minimum wage. It also provides that, except in certain circumstances, the federal minimum wage per hour is to be adjusted upwards annually on the basis of the Consumer Price Index for Canada. Division 23 of Part 4 amends the provisions of the Canada Labour Code respecting leave related to the death or disappearance of a child in cases in which it is probable that the child died or disappeared as a result of a crime, in order to, among other things, (a) increase the maximum length of leave for a parent of a child who has disappeared from 52 weeks to 104 weeks; (b) extend eligibility to parents of children who are 18 years of age or older but under 25 years of age; and (c) limit the exception that applies in the case of a parent of a child who has died as a result of a crime if it is probable that the child was a party to the crime so that the exception applies only with respect to a child who is 14 years of age or older. Division 24 of Part 4 authorizes the Minister of Employment and Social Development to make a one-time payment to Quebec for the purpose of offsetting some of the costs of aligning the Quebec Parental Insurance Plan with temporary measures set out in Part VIII.5 of the Employment Insurance Act. Division 25 of Part 4 amends the Judges Act to provide that, if the Canadian Judicial Council recommends that a judge be removed from judicial office, the time counted towards the judge’s
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pension entitlements will be frozen and their pension contributions will be suspended, as of the day on which the recommendation is made. If the recommendation is rejected, the judge’s pension contributions will resume, the time counted towards their pension entitlement will include the suspension period and the judge will be required to make all the contributions that would have been required had the contributions never been suspended. Division 26 of Part 4 amends the Federal Courts Act and the Tax Court of Canada Act to increase the number of judges for the Federal Court of Appeal by one and the number of judges for the Tax Court of Canada by two. It also amends the Judges Act to authorize the salary for the new Associate Chief Justice for the Trial Division of the Supreme Court of Newfoundland and Labrador and the salaries for the following new judges: five judges for the Ontario Superior Court of Justice, two judges for the Supreme Court of British Columbia and two judges for the Court of Queen’s Bench for Saskatchewan. Division 27 of Part 4 amends the National Research Council Act to provide the National Research Council of Canada with the authority to engage in the production of “drugs” or “devices”, as those terms are defined in the Food and Drugs Act, for the purpose of protecting or improving public health. It also amends that Act to provide authority for the incorporation of corporations and the acquisition of shares in corporations. Division 28 of Part 4 amends the Department of Employment and Social Development Act in relation to the collection and use of Social Insurance Numbers by the Minister of Labour. Division 29 of Part 4 amends the Canada Student Loans Act to provide that, during the period that begins on April 1, 2021 and ends on March 31, 2023, no interest is payable by a borrower on a guaranteed student loan. It also amends the Canada Student Financial Assistance Act to provide that, during the period that begins on April 1, 2021 and ends on March 31, 2023, no interest is payable by a borrower on a student loan. Finally, it amends the Apprentice Loans Act to provide that, during the period that begins on April 1, 2021 and ends on March 31, 2023, no interest is payable by a borrower on an apprentice loan. Division 30 of Part 4 confirms the validity of certain regulations in relation to the cancellation or postponement of certain First Nations elections. Division 31 of Part 4 amends the Old Age Security Act to increase the Old Age Security pension payable to individuals aged 75 and over by 10%. It also provides that any amount payable in relation to a program to provide a one-time payment of $500 to pensioners who are 75 years of age or older may be paid out of the Consolidated Revenue Fund. Division 32 of Part 4 amends the Public Service Employment Act to, among other things, (a) require that the establishment and review of qualification standards and the use of assessment methods in respect of appointments include an evaluation of whether there are biases or barriers that disadvantage persons belonging to any equity-seeking group; (b) provide that audits and investigations may include the determination of whether there are biases or barriers that disadvantage persons belonging to any equity-seeking group; and
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(c) give permanent residents the same preference as Canadian citizens in external advertised appointment processes. Division 33 of Part 4 authorizes the making of payments to the provinces for early learning and child care for the fiscal year beginning on April 1, 2021. Division 34 of Part 4 amends the Canada Recovery Benefits Act to, among other things, (a) provide that the maximum number of two-week periods in respect of which a Canada recovery benefit is payable is 25; (b) reduce the amount of a Canada recovery benefit for a week to $300 in certain circumstances; (c) provide that certain persons who were paid benefits under the Employment Insurance Act are eligible to be paid a Canada recovery benefit in certain circumstances; (d) provide that the maximum number of weeks in respect of which a Canada recovery caregiving benefit is payable is 42; and (e) provide that the Governor in Council may, by regulation, on the recommendation of the Minister of Employment and Social Development and the Minister of Finance, amend certain provisions of that Act to replace the date of September 25, 2021 by a date not later than November 20, 2021.
It also amends the Canada Labour Code to provide that the maximum number of weeks of leave for COVID-19 related caregiving responsibilities is 42. Finally, it repeals provisions of the Canada Recovery Benefits Regulations and the Canada Labour Standards Regulations. Division 35 of Part 4 amends the Employment Insurance Act to, among other things, (a) facilitate access to unemployment benefits for a period of one year by (i) reducing the number of hours of insurable employment required to qualify for unemployment benefits to a national threshold of 420 hours, (ii) reducing the amount of earnings from self-employment that a self-employed person is required to have to be eligible to access special unemployment benefits, (iii) providing that only a claimant’s most recent separation from employment will be considered in determining whether they qualify for unemployment benefits, (iv) ensuring that earnings paid to a person because of the complete severance of their relationship with their former employer do not extend the person’s benefit period, and (v) providing for an increase in the maximum number of weeks for which regular unemployment benefits may be paid to a seasonal worker if certain conditions are met; and (b) extend the maximum number of weeks for which benefits may be paid because of a prescribed illness, injury or quarantine from 15 to 26.
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It also amends the Canada Labour Code to, among other things, extend to 27 the maximum number of weeks to which an employee is entitled for a medical leave of absence from employment. It also amends the Employment Insurance Regulations to, among other things, ensure that, for a period of one year, earnings paid to a person because of the complete severance of their relationship with their former employer do not extend the person’s benefit period or delay payment of benefits to the person. Finally, it amends the Employment Insurance (Fishing) Regulations to, among other things, reduce, for a period of one year, the amount of earnings that a fisher is required to have to qualify for unemployment benefits. Division 36 of Part 4 amends the Canada Elections Act to provide that the offences related to the prohibition on making or publishing certain false statements with the intention of affecting the results of an election require that the person or the entity making or publishing the statement knows that the statement in question is false.
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TABLE OF PROVISIONS An Act to implement certain provisions of the budget tabled in Parliament on April 19, 2021 and other measures
Short Title 1
Budget Implementation Act, 2021, No. 1
PART 1
Amendments to the Income Tax Act and Other Legislation 2
PART 2
GST/HST Measures 100
PART 3
Amendments to the Excise Act, 2001 117
PART 4
Various Measures DIVISION 1
Stability and Efficiency of the Financial Sector 126
DIVISION 2
Unclaimed Amounts 140
DIVISION 3
Budget Implementation Act, 2018, No. 2 151
DIVISION 4
Sunset Provisions 153
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DIVISION 5
Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) 158
DIVISION 6
Proceeds of Crime (Money Laundering) and Terrorist Financing Act 159
DIVISION 7
Retail Payment Activities Act 177
Enactment of Act
An Act Respecting Retail Payment Activities Short Title 1
Retail Payment Activities Act
Interpretation 2
Definitions
Affiliation
Application General 4
Payment service providers in Canada
Payment service providers outside of Canada
Non-application 6
Retail payment activities
Designated systems
Internal transactions
Payment service providers
Agents and mandataries
Governor’s orders
PART 1
Bank and Minister 12
Objects
Agreements and arrangements
Guidelines — Bank
Delegation of Governor’s powers, duties and functions
No liability if in good faith — Bank
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PART 2
Operational and Financial Measures Operational Risk Management and Incident Response 17
Framework
Requirement to notify
Follow-up notices
Safeguarding of Funds 20
Accounts
Provision of Information 21
Annual report
Notice — significant change or new activity
PART 3
Registration General 23
Registration required
New application — acquisition of control
Duty to register
Registry
List of refusals and revocations
Execution of documents
Applications for Registration 29
Form, manner and information
Notice of change in information
Duty to notify and provide information
National Security Review 32
Designation
Copy of application
Review of application
Prohibition on registration
Timeline for review of application
Prohibition on registration
Notice to Bank
Additional information
Directive to refuse registration
Review of directive
Undertakings
Conditions
Copy to Bank
Notice of intent to issue directive to revoke registration
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Review of notice of intent
Review not requested
Refusal to Register 48
Refusal to register
Directive to refuse to register
Review by Governor
Notice to Centre
Revocation of Registration 52
Notice of intent to revoke registration
Review of notice of intent
Review not requested
Revocation of registration for non-payment of penalty
Directed revocation of registration
Notice to Centre
Appeal to Federal Court 58
Right of appeal
Provision of Information 59
Notice of change in information
Notice of change in prescribed information
False or misleading information
PART 4
Confidentiality of Information 62
Information obtained by Bank
Information obtained by Minister
Evidentiary privilege
PART 5
Administration and Enforcement Bank’s Powers 65
Information request — payment service provider
Information request — individual or entity
Special audit
Designation
Powers — authorized person
Warrant to enter dwelling-house
Compliance agreement
Minister’s Powers 72
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Designation
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Information request — individual or entity
Powers — authorized person
Warrant to enter dwelling-house
Administrative Monetary Penalties Notices of Violation and Compliance Agreements 76
Commission of violation
Contents of notice
Payment of penalty
Contents of compliance agreement
Deemed violation
Compliance agreement complied with
Compliance agreement not complied with
Application for review
Right of appeal
Rules About Violations 85
Violations not offences
Due diligence available
Liability
Recovery of Debts 88
Debts due to Her Majesty
Certificate
General 90
Limitation or prescription period
Certification by Bank
Evidence
Publication
Compliance Orders 94
Governor’s orders
Court enforcement
National Security 96
National security order
Copy to Bank
Court enforcement
PART 6
Assessment Fees 99
Bank to ascertain expenses
Information request
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PART 7
Regulations 101
Regulations
Statutory Instruments Act
PART 8
Transitional Provisions 103
Definition of transition period
Application required
Prescribed periods
Prohibition on disclosure of outcome of application
Exception to subsection 62(1)
Non-application of section 23
DIVISION 8
Pension Benefits Standards Act, 1985 188
DIVISION 9
First Nations Fiscal Management Act 192
DIVISION 10
Federal-Provincial Fiscal Arrangements Act (Fiscal Stabilization Payments) 193
DIVISION 11
Federal-Provincial Fiscal Arrangements Act (Additional Health Payments)
DIVISION 12
Canada’s COVID-19 Immunization Plan 197
DIVISION 13
Canada Community-Building Fund 198
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DIVISION 14
Hibernia Dividend Backed Annuity Agreement 200
DIVISION 15
Nova Scotia and Newfoundland and Labrador Additional Fiscal Equalization Offset Payments Act 201
DIVISION 16
Telecommunications Act 202
DIVISION 17
Canada Small Business Financing Act 204
DIVISION 18
Customs Act 209
DIVISION 19
Canada–United States–Mexico Agreement Implementation Act 219
DIVISION 20
Social Security Tribunal 220
DIVISION 21
Canada Labour Code (Equal Remuneration Protection) 245
DIVISION 22
Canada Labour Code (Federal Minimum Wage) 246
DIVISION 23
Canada Labour Code (Leave Related to the Death or Disappearance of a Child) 249
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DIVISION 24
Payment to Quebec 251
DIVISION 25
Judges Act 252
DIVISION 26
New Judicial Resources 254
DIVISION 27
National Research Council Act 260
DIVISION 28
Department of Employment and Social Development Act 262
DIVISION 29
Student Loans and Apprentice Loans 263
DIVISION 30
First Nations Elections 267
DIVISION 31
Increase to Old Age Security Pension and Payment 268
DIVISION 32
Public Service Employment Act 276
DIVISION 33
Early Learning and Child Care 287
DIVISION 34
Benefits and Leave 288
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DIVISION 35
Benefits and Leave Related to Employment 302
DIVISION 36
Canada Elections Act 361
SCHEDULE 1 SCHEDULE 2 SCHEDULE 3 SCHEDULE 4
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69-70 ELIZABETH II
CHAPTER 23
An Act to implement certain provisions of the budget tabled in Parliament on April 19, 2021 and other measures [Assented to 29th June, 2021] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Short Title Short title 1 This Act may be cited as the Budget Implementation
Act, 2021, No. 1.
PART 1
Amendments to the Income Tax Act and Other Legislation R.S., c. 1 (5th Supp.)
Income Tax Act 2 Section 6 of the Income Tax Act is amended by adding the following after subsection (2.1):
COVID-19 — automobile operating expense benefit (2.2) If a taxpayer met the condition in subparagraph
(iv) of the description of A in paragraph (1)(k) for the 2019 taxation year in respect of the use of an automobile made available to the taxpayer, or to a person related to the taxpayer, by an employer (within the meaning assigned by subsection (2)), then for the purpose of applying paragraph (1)(k) in respect of an automobile provided by that employer in 2020 or 2021 (referred to in this subsection as the “relevant year”), the amount determined for A in paragraph (1)(k) in respect of the automobile for the relevant year is deemed to be the lesser of
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(a) ½ of the amount determined under subparagraph (1)(e)(i) in respect of the automobile for the relevant year, and (b) the amount determined under subparagraph (v) of
the description of A in paragraph (1)(k) in respect of the automobile for the relevant year.
COVID-19 — reasonable standby charge (2.3) A taxpayer is deemed to meet the condition in subparagraph (a)(ii) of the description of A in subsection (2) in respect of an employer (within the meaning assigned by subsection (2)) for the 2020 or 2021 taxation year if the taxpayer met the conditions in subparagraphs (a)(i) and (ii) of the description of A in subsection (2) for the 2019 taxation year in respect of an automobile made available to the taxpayer, or to a person related to the taxpayer, by that employer.
3 (1) The portion of subsection 7(7) of the Act before the first definition is replaced by the following: Definitions (7) The following definitions apply in this section and in
subsection 47(3), paragraph 53(1)(j), subsection 110(0.1), paragraphs 110(1)(d), (d.01) and (e) and subsections 110(1.1) to (1.9) and (2.1). (2) Subsection (1) comes into force or is deemed
to have come into force on July 1, 2021. 4 (1) Clause (B) of the description of B in subparagraph 13(7)(i)(ii) of the Act is replaced by the following: (B) in any other case, the amount determined
for C, and (2) The
description of C in subparagraph 13(7)(i)(ii) of the Act is replaced by the following: C
is the amount determined by the formula D + (E + F) − (G + H)
where D
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is the cost to the taxpayer of the vehicle,
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E
is the amount determined under paragraph (7.1)(d) in respect of the vehicle at the time of disposition,
F
is the maximum amount determined for C in the definition undepreciated capital cost in subsection (21) in respect of the vehicle,
G
is the amount determined under paragraph (7.1)(f) in respect of the vehicle at the time of disposition, and
H
is the maximum amount determined for J in the definition undepreciated capital cost in subsection (21) in respect of the vehicle.
(3) Subsections (1) and (2) apply in respect of dispositions made after July 29, 2019. 5 (1) Subsection 17.1(2) of the Act is replaced by the following:
Acquisition of control (2) If at any time a parent or group of parents referred to
in section 212.3 acquires control of a CRIC and the CRIC was not controlled by a non-resident person, or a group of non-resident persons not dealing with each other at arm’s length, immediately before that time, no amount is to be included under subsection (1) in computing the income of the CRIC in respect of a pertinent loan or indebtedness (as defined in subsection 212.3(11)) for the period that begins at that time and ends on the day that is 180 days after that time.
(2) Subsection (1) applies in respect of transactions or events that occur after March 18, 2019. 6 (1) Subsection 45(2) of the Act is replaced by the following:
Election where change of use (2) For the purposes of this Subdivision and section 13, if a taxpayer elects in respect of any property of the taxpayer in the taxpayer’s return of income for a taxation year under this Part, (a) if subparagraph (1)(a)(i) or paragraph 13(7)(b) would otherwise apply to the property for the taxation year, the taxpayer is deemed not to have begun to use
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the property for the purpose of gaining or producing income; (b) if subparagraph (1)(c)(ii) or 13(7)(d)(i) would otherwise apply to the property for the taxation year, the taxpayer is deemed not to have increased the use regularly made of the property for the purpose of gaining or producing income relative to the use regularly made of the property for other purposes; and (c) if the taxpayer rescinds the election in respect of the property in the taxpayer’s return of income under this Part for a subsequent taxation year, (i) if paragraph (a) applied to the taxpayer in the taxation year, the taxpayer is deemed to have begun to use the property for the purpose of gaining or producing income on the first day of the subsequent taxation year, and (ii) if paragraph (b) applied to the taxpayer in the taxation year, the taxpayer is deemed to have increased the use regularly made of the property for the purpose of gaining or producing income on the first day of the subsequent taxation year by the amount that would have been the increase in the taxation year if the election had not been made. (2) The portion of subsection 45(3) of the Act before paragraph (a) is replaced by the following:
Election concerning principal residence (3) If at any time a property that was acquired by a taxpayer for the purpose of gaining or producing income, or that was acquired in part for that purpose, ceases in whole or in part to be used for that purpose and becomes, or becomes part of, the principal residence of the taxpayer, paragraphs (1)(a) and (c) shall not apply to deem the taxpayer to have disposed of the property at that time and to have reacquired it immediately thereafter if the taxpayer so elects by notifying the Minister in writing on or before the earlier of (3) Subsections (1) and (2) apply in respect of
changes in the use of property that occur after March 18, 2019. 7 (1) Paragraph 56(1)(d) of the Act is amended by striking out “or” at the end of subparagraph (ii), by adding “or” at the end of subparagraph (iii) and by adding the following after subparagraph (iii):
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(iv) described in subsection 146.5(3) that is not required by that subsection to be included in the taxpayer’s income; (2) Subparagraph 56(1)(r)(iv) of the Act is replaced by the following: (iv) financial assistance provided under a program
established by a government, or government agency, in Canada that provides income replacement benefits similar to income replacement benefits provided under a program established under the Employment Insurance Act, other than amounts referred to in subparagraph (iv.1), (iv.1) financial assistance provided under (A) the Canada Emergency Response Benefit
Act, (B) Part VIII.4 of the Employment Insurance
Act, (C) the Canada Emergency Student Benefit Act, (D) the Canada Recovery Benefits Act, or (E) a program established by a government, or government agency, of a province, that provides income replacement benefits similar to income replacement benefits provided under a program established under an Act referred to in any of clauses (A) to (D), or
(3) Subsection 56(1) of the Act is amended by striking out “and” at the end of paragraph (z.3), by adding “and” at the end of paragraph (z.4) and by adding the following after paragraph (z.4):
Advanced life deferred annuity (z.5) any amount required by section 146.5 to be included in computing the taxpayer’s income for the year. (4) Subsections (1) to (3) are deemed to have
come into force on January 1, 2020. 8 (1) Subparagraph 60(l)(v) of the Act is amended by adding the following after clause (A.1): (A.2) the
amount included by subsection 146.5(3) in computing the taxpayer’s income for the year as a payment received by the taxpayer
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as a consequence of the death of an individual who was (I) immediately before the death, the spouse or common-law partner of the taxpayer, or (II) a parent or grandparent of the taxpayer,
if, immediately before the death, the taxpayer was financially dependent on the individual for support because of mental or physical infirmity, (2) Section 60 of the Act is amended by adding the
following after paragraph (v.2): COVID-19 – other benefit repayments (v.3) any benefit repaid by the taxpayer before 2023 to
the extent that the amount of the benefit was included in computing the taxpayer’s income for the year under any of clauses 56(1)(r)(iv.1)(A) to (D), except to the extent that the amount is (i) deducted in computing the taxpayer’s income
for any year under paragraph (n), or (ii) deductible in computing the taxpayer’s income
for any year under paragraph (v.2);
(3) Subsections (1) and (2) are deemed to have come into force on January 1, 2020. 9 (1) The definition specified RDSP payment in subsection 60.02(1) of the Act is amended by striking out “and” at the end of paragraph (c), by adding “and” at the end of paragraph (d) and by adding the following after paragraph (d): (e) if the eligible individual is not a DTC-eligible individual (as defined in subsection 146.4(1)), is made not later than the end of the fourth taxation year following the first taxation year throughout which the beneficiary is not a DTC-eligible individual. (paiement de REEI déterminé)
(2) Subsection (1) is deemed to have come into force on March 19, 2019. 10 (1) Paragraph (b) of the definition eligible
child in subsection 63(3) of the Act is replaced by the following: (b) a child dependent on the taxpayer or the taxpayer’s spouse or common-law partner for support and
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whose income for the year does not exceed the amount determined for F in subsection 118(1.1) for the year
(2) Section 63 of the Act is amended by adding the
following after subsection (3): COVID-19 – child care expenses (3.1) For the purpose of applying this section in respect
of a taxpayer for the 2020 or 2021 taxation year, (a) the definition child care expense in subsection (3) is to be read without reference to its paragraph (a) if at any time in the year the taxpayer was entitled to an amount referred to in subparagraph 56(1)(a)(iv) or (vii) or paragraph 56(1)(r), in respect of the year; and (b) paragraph (b) of the definition earned income in
subsection (3) is to be read as follows: (b) all amounts that are included, or that would, but for paragraph 81(1)(a) or subsection 81(4), be included, because of section 6 or 7, subparagraph 56(1)(a)(iv) or (vii) or paragraph 56(1)(n), (n.1), (o) or (r), in computing the taxpayer’s income, (3) Subsection (1) applies to the 2020 and subsequent taxation years. (4) Subsection (2) is deemed to have come into
force on January 1, 2020. 11 (1) The Act is amended by adding the following after section 64: COVID-19 – disability supports deduction 64.01 For the purpose of applying section 64 in respect
of a taxpayer for the 2020 or 2021 taxation year, (a) the description of A in paragraph 64(a) is to be read without reference to its subparagraph (i) if at any time in the year the taxpayer was entitled to an amount referred to in subparagraph 56(1)(a)(iv) or (vii) or paragraph 56(1)(r), in respect of the year; and (b) clause 64(b)(i)(A) is to be read as follows: (A) an amount included under section 5, 6 or 7, subparagraph 56(1)(a)(iv) or (vii) or paragraph
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56(1)(n), (o) or (r) in computing the taxpayer’s income for the year, or
(2) Subsection (1) is deemed to have come into force on January 1, 2020. 12 (1) Section 66 of the Act is amended by adding
the following after subsection (12.6):
COVID-19 – time extension to 36 months (12.6001) The references to “24 months” in subsections (12.6) and (12.62) are to be read as references to “36 months” in respect of agreements entered into after February 2018 and before 2021. (2) Section 66 of the Act is amended by adding the following after subsection (12.73):
COVID-19 – agreements in 2019 or 2020 (12.731) If an agreement is entered into in 2019 or 2020
by a corporation to issue flow-through shares of the corporation, (a) the reference in subparagraph (12.73)(a)(ii) to “at
the end of the year” is to be read as a reference to “at the end of the subsequent year”; and (b) the reference in paragraph (12.73)(c) to “before March of the calendar year” is to be read as a reference to “before March of the second calendar year”. (3) Subsection 66(13.1) of the Act is replaced by
the following: Short taxation year (13.1) If a taxpayer has a taxation year that is less than
51 weeks, the amount determined in respect of the year under each of subparagraph (4)(b)(i), paragraphs 66.2(2)(c) and (d), subparagraph (b)(i) of the definition global foreign resource limit in subsection 66.21(1), subparagraph 66.21(4)(a)(i), clause 66.21(4)(a)(ii)(B) and paragraphs 66.4(2)(b) and (c) and 66.7(2.3)(a), (4)(a) and (5)(a) shall not exceed that proportion of the amount otherwise determined that the number of days in the year is of 365. (4) Subsection (3) applies to taxation years that end after July 30, 2019. 13 (1) Paragraph 87(2)(g.6) of the Act is replaced
by the following:
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COVID-19 – emergency subsidies (g.6) for the purposes of section 125.7, the new corporation is deemed to be the same corporation as, and a continuation of, each predecessor corporation unless it is reasonable to consider that one of the main purposes of the amalgamation is to cause the new corporation to qualify for the deemed overpayment under any of subsections 125.7(2) to (2.2) or to increase the amount of that deemed overpayment; (2) Subsection 87(2) of the Act is amended by adding the following after paragraph (g.6):
COVID-19 — automobile benefits (g.7) for the purposes of subsections 6(2.2) and (2.3),
the new corporation is deemed to be the same corporation as, and a continuation of, each predecessor corporation; (3) Subsection 87(2) of the Act is amended by adding the following after paragraph (j.96):
Continuing corporation (j.97) for the purposes of subsection 110(0.1), paragraph 110(1)(e) and subsection 110(1.31), the new corporation is deemed to be the same corporation as, and a continuation of, each predecessor corporation; (4) Subsection (2) is deemed to have come into
force on January 1, 2020. (5) Subsection (3) comes into force or is deemed to have come into force on July 1, 2021. 14 (1) Clause (a)(ii)(B) of the definition preferred beneficiary in subsection 108(1) of the Act is replaced by the following: (B) whose income (computed without reference
to subsection 104(14)) for the beneficiary’s year does not exceed the amount determined for F in subsection 118(1.1) for the year, and (2) Subsection (1) applies to the 2020 and subsequent taxation years. 15 (1) Section 110 of the Act is amended by
adding the following before subsection (1):
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Definitions 110 (0.1) The following definitions apply in this section.
consolidated financial statements has the same meaning as in subsection 233.8(1). (états financiers consolidés) specified person, at any time, means a qualifying person that meets the following conditions: (a) it is not a Canadian-controlled private corporation; (b) if the qualifying person is a member of a group that annually prepares consolidated financial statements, the total consolidated group revenue reflected in the last consolidated financial statements of the group presented to shareholders or unitholders — of the member of the group that would be the ultimate parent entity, as defined in subsection 233.8(1), of the group if the group were a multinational enterprise group, as defined in subsection 233.8(1) — before that time exceeds $500 million; and (c) if paragraph (b) does not apply, it has gross revenue in excess of $500 million based on (i) the amounts reflected in the financial statements of the qualifying person presented to the shareholders or unitholders of the qualifying person for the last fiscal period of the qualifying person that ended before that time, (ii) if subparagraph (i) does not apply, the amounts reflected in the financial statements of the qualifying person presented to the shareholders or unitholders of the qualifying person for the last fiscal period of the qualifying person that ended before the end of the last fiscal period referred to in subparagraph (i), and (iii) if subparagraph (i) does not apply and financial statements were not presented as described in subparagraph (ii), the amounts that would have been reflected in the annual financial statements of the qualifying person for the last fiscal period of the qualifying person that ended before that time, if such statements had been prepared in accordance with generally accepted accounting principles. (personne déterminée) vesting year, of a security to be acquired under an agreement, means (a) if the agreement specifies the calendar year in
which the taxpayer’s right to acquire the security first
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becomes exercisable (otherwise than as a consequence of an event that is not reasonably foreseeable at the time the agreement is entered into), that calendar year; and (b) in any other case, the calendar year in which the right to acquire the security would become exercisable if the agreement had specified that all identical rights to acquire securities become exercisable on a pro rata basis over the period that (i) begins on the day that the agreement was entered into, and (ii) ends on the day that is the earlier of (A) the day that is 60 months after the day the
agreement is entered into, and (B) the last day that the right to acquire the security could become exercisable under the agreement. (année de dévolution) (2) The portion of paragraph 110(1)(d) of the Act
before subparagraph (i) is replaced by the following: Employee options (d) an amount equal to 1/2 of the amount of the benefit deemed by subsection 7(1) to have been received by the taxpayer in the year in respect of a security (other than a security that is a non-qualified security) that a particular qualifying person has agreed after February 15, 1984 to sell or issue under an agreement, in respect of the transfer or other disposition of rights under the agreement or as a result of the death of the taxpayer because the taxpayer immediately before death owned a right to acquire the security under the agreement, if
(3) Subsection 110(1) of the Act is amended by adding the following after paragraph (d.3):
Employer deduction — non-qualified securities (e) an amount equal to the amount of the benefit in
respect of employment with the taxpayer deemed by subsection 7(1) to have been received by an individual in the year in respect of a non-qualified security that the taxpayer (or a qualifying person that does not deal at arm’s length with the taxpayer) has agreed to sell or issue under an agreement with the individual, if (i) the taxpayer is a qualifying person,
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(ii) at the time the agreement was entered into, the individual was an employee of the taxpayer, (iii) the amount is not claimed as a deduction in computing the taxable income of another qualifying person, (iv) an amount would have been deductible in computing the taxable income of the individual under paragraph (d) if the security were not a non-qualified security, (v) in the case of an individual who is not resident
in Canada throughout the year, the benefit deemed by subsection 7(1) to have been received by the individual was included in computing the taxable income earned in Canada of the individual for the year, and (vi) the notification requirements in subsection (1.9) are met in respect of the security; (4) The portion of subsection 110(1.1) of the Act before paragraph (b) is replaced by the following:
Election by particular qualifying person (1.1) For the purpose of computing the taxable income
of a taxpayer for a taxation year, paragraph (1)(d) shall be read without reference to its subparagraph (i) in respect of a right granted to the taxpayer under an agreement to sell or issue securities referred to in subsection 7(1) if (a) the particular qualifying person elects in prescribed form that neither the particular qualifying person nor any person not dealing at arm’s length with the particular qualifying person will deduct in computing its income for a taxation year any amount (other than a designated amount described in subsection (1.2)) in respect of a payment to or for the benefit of a taxpayer for the taxpayer’s transfer or disposition of that right; (5) Subsection 110(1.2) of the Act is replaced by the following:
Designated amount (1.2) For the purposes of subsections (1.1) and (1.44), an amount is a designated amount if the following conditions are met: (a) the amount would otherwise be deductible in computing the income of the particular qualifying person in the absence of subsections (1.1) and (1.44);
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(b) the amount is payable to a person (i) with whom the particular qualifying person
deals at arm’s length, and (ii) who is neither an employee of the particular qualifying person nor of any person not dealing at arm’s length with the particular qualifying person; and (c) the amount is payable in respect of an arrangement entered into for the purpose of managing the particular qualifying person’s financial risk associated with a potential increase in value of the securities under the agreement described in subsection (1.1) or (1.44).
Determination of non-qualified securities (1.3) Subsection (1.31) applies to a taxpayer in respect of an agreement if (a) a particular qualifying person agrees to sell or issue securities of the particular qualifying person (or another qualifying person that does not deal at arm’s length with the particular qualifying person) to the taxpayer under the agreement; (b) at the time the agreement is entered into (in this subsection and subsection (1.31) referred to as the “relevant time”), the taxpayer is an employee of the particular qualifying person or of a qualifying person that does not deal at arm’s length with the particular qualifying person; and (c) at the relevant time, any of the following persons is a specified person: (i) the particular qualifying person, (ii) the other qualifying person, if any, referred to in paragraph (a), or (iii) the other qualifying person, if any, referred to in paragraph (b).
Annual vesting limit (1.31) If this subsection applies to a taxpayer in respect of an agreement, the securities to be sold or issued under the agreement, for each vesting year of those securities, are deemed to be non-qualified securities for the purposes of this section in the proportion determined by the formula A/B
where A
is the amount determined by the formula
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C + D − $200,000
where C
is the total of all amounts each of which is the fair market value at the relevant time of each security under the agreement that has that same vesting year, and
D
is the lesser of (a) $200,000, and (b) the total of all amounts each of which is an amount determined for C in respect of securities that have that same vesting year under agreements (other than the agreement) entered into at or before the relevant time with the particular qualifying person referred to in subsection (1.3) (or another qualifying person that does not deal at arm’s length with the particular qualifying person), other than (i) securities designated under subsection
(1.4), (ii) old securities (within the meaning of
subsection 7(1.4)), (iii) securities where the right to acquire
those securities is an old right (within the meaning of subsection (1.7)), and (iv) securities in respect of which (A) the right to acquire those securities has expired, or has been cancelled, before the relevant time, and (B) no amount is deductible under paragraph (1)(d) in computing the taxable income of the taxpayer for any year; and B
is the amount determined for C.
Non-qualified security designation (1.4) If subsection (1.31) applies to a taxpayer in respect
of an agreement and the particular qualifying person referred to in paragraph (1.3)(a) designates one or more securities to be sold or issued under the agreement as nonqualified securities, the following rules apply: (a) those securities are deemed to be non-qualified securities for the purposes of this section; and (b) the particular qualifying person may not elect under subsection (1.1) in respect of a right to acquire those securities.
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Ordering of acquisition of securities (1.41) If a taxpayer acquires a security under an agreement and the acquired security could be a security that is not a non-qualified security, the security is to be considered a security that is not a non-qualified security for the purposes of this section. Ordering of simultaneous agreements — subsection (1.31) (1.42) If two or more agreements to sell or issue options are entered into at the same time and the particular qualifying person referred to in subsection (1.3) designates the order of the agreements, then the agreements are deemed to have been entered into in that order for the purposes of paragraph (b) of the description of D in subsection (1.31).
Application of subsection (1.44) (1.43) Subsection (1.44) applies in respect of a taxpayer’s
right to acquire a security under an agreement if (a) subsection (1.31) applies to the taxpayer in respect of the agreement; (b) the security is not a non-qualified security; and (c) a payment is made to or for the benefit of the taxpayer for the taxpayer’s transfer or disposition of the right.
Cash-out — securities not designated as non-qualified (1.44) If this subsection applies in respect of a taxpayer’s
right to acquire a security under an agreement (a) no qualifying person may deduct, in computing its
income for a taxation year, an amount (other than a designated amount described in subsection (1.2)) in respect of the payment referred to in paragraph (1.43)(c); and (b) paragraph (1)(d) shall, in respect of the right, be
read without reference to its subparagraph (i). (6) Section 110 of the Act is amended by adding
the following after subsection (1.8):
Notification — non-qualified security (1.9) If a security to be issued or sold under an agreement between an employee and a qualifying person is a non-qualified security, the employer of the employee shall
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(a) notify the employee in writing that the security is a
non-qualified security no later than 30 days after the day that the agreement is entered into; and (b) notify the Minister in prescribed form that the security is a non-qualified security on or before the filing-due date for the taxation year of the qualifying person that includes the time that the agreement is entered into. (7) Subsections (1) and (2) come into force or are
deemed to have come into force on July 1, 2021. (8) Subsections (3) to (6) apply in respect of agreements to sell or issue securities entered into after June 2021. However, subsections (3) to (6) do not apply in respect of rights under an agreement to which subsection 7(1.4) of the Act applies that are new options (within the meaning of that subsection) in respect of which an exchanged option (within the meaning of that subsection and on the assumption that paragraph 7(1.4)(e) of the Act applies for those purposes) was issued before July 2021. 16 (1) Subsection 111(7.4) of the Act is replaced by the following:
Non-capital losses of employee life and health trusts (7.4) For the purposes of computing the taxable income
of an employee life and health trust for a taxation year, there may be deducted such portion as the trust may claim of the trust’s non-capital losses for the seven taxation years immediately preceding and the three taxation years immediately following the year. (2) Paragraph (b) of the description of E in the
definition non-capital loss in subsection 111(8) of the Act is replaced by the following: (b) an amount deducted under paragraph (1)(b) or section 110.6, or deductible under any of paragraphs 110(1)(d) to (g) and (k), section 112 and subsections 113(1) and 138(6), in computing the taxpayer’s taxable income for the year, or (3) Subsection (1) is deemed to have come into
force on February 27, 2018. (4) Subsection (2) comes into force or is deemed to have come into force on July 1, 2021.
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17 (1) Paragraph 115(1)(a) of the Act is amended
by adding the following after subparagraph (iii.21): (iii.22) the total of all amounts, each of which is an amount included under subparagraph 56(1)(r)(iv.1) in computing the non-resident person’s income for the year, (2) Paragraph 115(1)(d) of the Act is replaced by the following: (d) the deductions permitted by subsection 111(1) and, to the extent that they relate to amounts included in computing the amount determined under any of paragraphs (a) to (c), the deductions permitted by any of paragraphs 110(1)(d) to (d.2), (e) and (f) and subsection 110.1(1), (3) Subsection (1) is deemed to have come into force on January 1, 2020. (4) Subsection (2) comes into force or is deemed to have come into force on July 1, 2021. 18 (1) The portion of subsection 117.1(1) of the
Act before paragraph (b) is replaced by the following: Annual adjustment 117.1 (1) Each specified amount in relation to tax payable under this Part or Part I.2 for a taxation year shall be adjusted so that the amount to be used for the year under the provision for which the amount is relevant is the total of (a) the amount that would, but for subsection (3), be
the amount to be used under the relevant provision for the preceding taxation year, and
(2) Section 117.1 of the Act is amended by adding the following after subsection (1):
Annual adjustment — amounts (2) For the purposes of subsection (1), each of the following amounts is a specified amount in relation to tax payable under this Part or Part I.2 for a taxation year: (a) the amount of $300 referred to in subparagraph 6(1)(b)(v.1);
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(b) the amount of $1,000 referred to in the formula in
paragraph 8(1)(s); (c) the amount of $400,000 referred to in the formula
in paragraph 110.6(2)(a); (d) each of the amounts expressed in dollars in subsection 117(2); (e) each of the amounts expressed in dollars in the description of B in subsection 118(1); (f) the amount of $12,298 in the description of A in
subsection 118(1.1); (g) the amount of $15,000 in paragraph (d) of the description of F in subsection 118(1.1); (h) each of the amounts expressed in dollars in subsection 118(2); (i) the amount of $1,000 referred to in subsection 118(10); (j) the amount of $15,000 referred to in subsection 118.01(2); (k) each of the amounts expressed in dollars in subsection 118.2(1); (l) each of the amounts expressed in dollars in subsection 118.3(1); (m) each of the amounts expressed in dollars in subsection 122.5(3); (n) the amount of $2,500 referred to in subsection
122.51(1); (o) each of the amounts expressed in dollars in subsection 122.51(2); (p) the amount of $14,000 referred to in subsection
122.7(1.3); (q) the amounts of $1,395 and $2,403 in the description of A, and each of the amounts expressed in dollars in the description of B, in subsection 122.7(2); (r) the amount of $720 in the description of C, and
each of the amounts expressed in dollars in the description of D, in subsection 122.7(3); (s) the amount of $10,000 in the description of B in
subsection 122.91(2); and (t) each of the amounts expressed in dollars in Part
I.2.
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(3) Subsections (1) and (2) apply to the 2021 and
subsequent taxation years. However, the adjustment provided for in subsection 117.1(1) of the Act, as enacted by subsection (1), does not apply (a) to the 2021 to 2023 taxation years, in respect
of paragraph 117.1(2)(g) of the Act, as enacted by subsection (2); and (b) to the 2021 taxation year, in respect of paragraphs 117.1(2)(p) to (r) of the Act, as enacted by subsection (2). 19 (1) Subparagraph (a)(i) of the description of B in subsection 118(1) of the Act is replaced by the following:
(i) the basic personal amount of the individual for
the year, and
(2) The formula in subparagraph (a)(ii) of the description of B in subsection 118(1) of the Act is replaced by the following: C + C.01 − C.1 (3) Subparagraph (a)(ii) of the description of B in subsection 118(1) of the Act is amended by striking out “and” at the end of clause (B) of the description of C and by adding the following after the description of C: C.01
is the basic personal amount of the individual for the year, and
(4) Subparagraph (b)(iii) of the description of B
in subsection 118(1) of the Act is replaced by the following:
(iii) the basic personal amount of the individual for
the year, and
(5) The formula in subparagraph (b)(iv) of the description of B in subsection 118(1) of the Act is replaced by the following:
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D + D.01 − D.1 (6) Subparagraph (b)(iv) of the description of B in subsection 118(1) of the Act is amended by striking out “and” at the end of clause (B) of the description of D and by adding the following after the description of D:
is the basic personal amount of the individual for the year, and
D.01
(7) Paragraph (c) of the description of B in subsection 118(1) of the Act is replaced by the following:
Single status (c) except in the case of an individual entitled to a deduction because of paragraph (a) or (b), the basic personal amount of the individual for the year, (8) Section 118 of the Act is amended by adding
the following after subsection (1): Definition of basic personal amount (1.1) For the purposes of subsection (1), basic personal
amount, of an individual for a taxation year, means the amount determined by the formula A+B
where A
is $12,298; and
B
is the amount determined by the formula C−D×E
where C
is the amount determined by the formula F−G
where F
is (a) for the 2020 taxation year, $13,229, (b) for the 2021 taxation year, $13,808, (c) for the 2022 taxation year, $14,398, and (d) for the 2023 and subsequent taxation
years, $15,000, and G
is the amount determined for A,
D
is the amount determined for C, and
E
is (a) if the individual’s income for the year is less than or equal to the first dollar amount
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for the year referred to in paragraph 117(2)(d), nil, and (b) in any other case, the lesser of 1 and the amount determined by the formula (H − I)/J
where H
is the individual’s income for the year,
I
is the first dollar amount for the year referred to in paragraph 117(2)(d), and
J
is the amount determined by the formula K−L
where K
is the first dollar amount for the year referred to in paragraph 117(2)(e), and
L
is the amount determined for I.
(9) Paragraph (a) of the definition pension income in subsection 118(7) of the Act is amended by adding the following after subparagraph (iii.2):
(iii.3) an amount included under subsection 146.5(2), (10) Subsections (1) to (8) apply to the 2020 and
subsequent taxation years. (11) Subsection (9) is deemed to have come into
force on January 1, 2020. 20 (1) Paragraphs (a) and (b) of the definition
digital news subscription in subsection 118.02(1) of the Act are replaced by the following: (a) the agreement entitles an individual to access content of the qualified Canadian journalism organization in digital form and that content is primarily written news; and (b) the qualified Canadian journalism organization does not hold a licence as defined in subsection 2(1) of the Broadcasting Act. (abonnement aux nouvelles numériques) (2) Section 118.02 of the Act is amended by adding
the following after subsection (3):
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Ceasing to qualify (4) For the purposes of subsection (1), if amounts paid under an agreement cease to be qualifying subscription expenses at any particular time in a calendar year and, at the particular time, the Minister has communicated or otherwise made available pursuant to paragraph 241(3.4)(b) that these amounts qualify as qualifying subscription expenses, amounts paid under that agreement are deemed to be qualifying subscription expenses — to the same extent that the amounts paid were considered to be qualifying subscription expenses immediately before the particular time — until the end of the calendar year in which the Minister communicates or otherwise makes available pursuant to paragraph 241(3.4)(b) that amounts paid under the agreement no longer qualify as qualifying subscription expenses.
Notice to individuals (5) If an organization enters into a digital news subscription agreement with an individual and amounts paid under the agreement cease to be qualifying subscription expenses, the organization shall inform the individual that amounts paid under the agreement are no longer qualifying subscription expenses. (3) Subsection (1) is deemed to have come into force on January 1, 2020. 21 (1) Paragraph (b) of the definition sharedcustody parent in section 122.6 of the Act is replaced by the following: (b) reside with the qualified dependant either (i) at least 40% of the time in the month in which
the particular time occurs, or (ii) on an approximately equal basis, and (2) Subsection (1) is deemed to have come into force on July 1, 2011. 22 (1) Section 122.7 of the Act is amended by
adding the following after subsection (1.2):
Secondary earner exemption (1.3) For the purposes of subsections (2) and (3), (a) if an eligible individual had an eligible spouse for a
taxation year and the working income for the year of the eligible individual was less than the working income for the year of the eligible spouse, the eligible individual’s adjusted net income for the year is deemed to be the amount, if any, by which the eligible
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individual’s adjusted net income for the year (determined without reference to this subsection) exceeds the lesser of (i) the eligible individual’s working income for the year, and (ii) $14,000; and (b) if an eligible individual had an eligible spouse for a
taxation year and the working income for the year of the eligible individual was greater than or equal to the working income for the year of the eligible spouse, the eligible spouse’s adjusted net income for the year is deemed to be the amount, if any, by which the eligible spouse’s adjusted net income for the year (determined without reference to this subsection) exceeds the lesser of (i) the eligible spouse’s working income for the
year, and (ii) $14,000. (2) The descriptions of A and B in subsection
122.7(2) of the Act are replaced by the following: A
is (a) if the individual had neither an eligible
spouse nor an eligible dependant, for the taxation year, the lesser of $1,395 and 27% of the amount, if any, by which the individual’s working income for the taxation year exceeds $3,000, and (b) if the individual had an eligible spouse or an eligible dependant, for the taxation year, the lesser of $2,403 and 27% of the amount, if any, by which the total of the working incomes of the individual and, if applicable, of the eligible spouse, for the taxation year, exceeds $3,000; and B
is (a) if the individual had neither an eligible
spouse nor an eligible dependant, for the taxation year, 15% of the amount, if any, by which the adjusted net income of the individual for the taxation year exceeds $22,944, and (b) if the individual had an eligible spouse or an eligible dependant, for the taxation year, 15% of the amount, if any, by which the total of the adjusted net incomes of the individual and, if applicable, of the eligible spouse, for the taxation year, exceeds $26,177.
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(3) The descriptions of C and D in subsection 122.7(3) of the Act are replaced by the following: C
is the lesser of $720 and 27% of the amount, if any, by which the individual’s working income for the taxation year exceeds $1,150; and
D
is (a) if the individual had neither an eligible
spouse nor an eligible dependant, for the taxation year, 15% of the amount, if any, by which the individual’s adjusted net income for the taxation year exceeds $32,244, (b) if the individual had an eligible spouse for the taxation year who was not entitled to deduct an amount under subsection 118.3(1) for the taxation year, or had an eligible dependant for the taxation year, 15% of the amount, if any, by which the total of the adjusted net incomes of the individual and, if applicable, of the eligible spouse, for the taxation year, exceeds $42,197, and (c) if the individual had an eligible spouse for
the taxation year who was entitled to deduct an amount under subsection 118.3(1) for the taxation year, 7.5% of the amount, if any, by which the total of the adjusted net incomes of the individual and of the eligible spouse, for the taxation year, exceeds $42,197. (4) Subsections (1) to (3) are deemed to have
come into force on January 1, 2021. 23 (1) The portion of the definition assistance in subsection 125.6(1) of the Act before paragraph (a) is replaced by the following:
assistance means an amount, other than an amount received from the Aid to Publishers component of the Canada Periodical Fund or an amount deemed under subsection (2) to have been paid, that would be included under paragraph 12(1)(x) in computing the income of a taxpayer for any taxation year if that paragraph were read without reference to (2) Paragraph (d) of the definition eligible newsroom employee in subsection 125.6(1) of the Act is replaced by the following: (d) spends at least 75% of their time engaged in the production of original written news content, including by researching, collecting information, verifying facts, photographing, writing, editing, designing and otherwise preparing content; and
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(3) Paragraphs (a) to (d) of the definition qualifying journalism organization in subsection 125.6(1) of the Act are replaced by the following: (a) it does not hold a licence, as defined in subsection 2(1) of the Broadcasting Act; and (b) if it is a corporation having share capital, it meets the conditions in subparagraph (e)(iii) of the definition Canadian newspaper in subsection 19(5). (organisation journalistique admissible) (4) The description of A in paragraph (a) of the definition qualifying labour expenditure in subsection 125.6(1) of the Act is replaced by the following: A
is the lesser of 365 and the number of days in the taxation year in which the taxpayer is a qualifying journalism organization, and
(5) Subsections 125.6(2) and (3) of the Act are replaced by the following:
Tax credit (2) A taxpayer (other than a partnership) that is a qualifying journalism organization at any time in a taxation year and that files a prescribed form containing prescribed information with its return of income for the year is deemed to have, on its balance-due day for the year, paid on account of its tax payable under this Part for the year an amount determined by the formula 0.25(A) − B
where A
is the total of all amounts each of which is a qualifying labour expenditure of the qualifying journalism organization for the year in respect of an eligible newsroom employee; and
B
is the amount received by the taxpayer from the Aid to Publishers component of the Canada Periodical Fund in the year.
Partnership — tax credit (2.1) If a taxpayer (other than a partnership) is a member of a partnership (other than a specified member of the partnership) at the end of a fiscal period of the partnership that ends in a taxation year of the taxpayer, the partnership is a qualifying journalism organization at any time in that fiscal period and the partnership files an information return in prescribed form containing
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prescribed information for that fiscal period, then the taxpayer is deemed to have, on the taxpayer’s balancedue day for the taxation year, paid on account of the taxpayer’s tax payable under this Part for the taxation year an amount determined by the formula (0.25A – B)C/D
where A
is the total of all amounts each of which is a qualifying labour expenditure of the qualifying journalism organization for the fiscal period in respect of an eligible newsroom employee;
B
is the amount received by the qualifying journalism organization from the Aid to Publishers component of the Canada Periodical Fund in the fiscal period;
C
is the specified proportion of the taxpayer for the fiscal period; and
D
is the total of all specified proportions of members of the partnership for the fiscal period, other than members that are partnerships or specified members of the partnership.
Partnership — application rule (2.2) In this section, a taxpayer includes a partnership.
When assistance received (3) For the purposes of this Act other than this section, and for greater certainty, the amount that a taxpayer is deemed under subsection (2) or (2.1) to have paid for a taxation year is assistance received by the taxpayer from a government immediately before the end of the year. (6) Subsections (1) to (5) are deemed to have come into force on January 1, 2019. 24 (1) The definitions eligible employee and topup percentage in subsection 125.7(1) of the Act are replaced by the following:
eligible employee, of an eligible entity in respect of a week in a qualifying period, means an individual employed by the eligible entity primarily in Canada throughout the qualifying period (or the portion of the qualifying period throughout which the individual was employed by the eligible entity), other than, if the qualifying period is any of the first qualifying period to the fourth qualifying period, an individual who is without remuneration by the
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eligible entity in respect of 14 or more consecutive days in the qualifying period. (employé admissible) top-up percentage, of an eligible entity for a qualifying period, means the percentage determined by regulation for the qualifying period or, if there is no percentage determined by regulation for the qualifying period, (a) for any of the fifth qualifying period to the tenth
qualifying period, the lesser of 25% and the percentage determined by the formula 1.25 × (A − 50%)
where A
is the entity’s top-up revenue reduction percentage for the qualifying period;
(b) for any of the eleventh qualifying period to the
seventeenth qualifying period, the lesser of 35% and the percentage determined by the formula 1.75 × (A − 50%)
where A
is the entity’s top-up revenue reduction percentage for the qualifying period;
(c) for the eighteenth qualifying period, the lesser of
25% and the percentage determined by the formula 1.25 × (A − 50%)
where A
is the entity’s top-up revenue reduction percentage for the qualifying period;
(d) for the nineteenth qualifying period, the lesser of 15% and the percentage determined by the formula 0.75 × (A − 50%)
where A
is the entity’s top-up revenue reduction percentage for the qualifying period;
(e) for the twentieth qualifying period, the lesser of
10% and the percentage determined by the formula 0.5 × (A − 50%)
where A
is the entity’s top-up revenue reduction percentage for the qualifying period; and
(f) for each qualifying period after the twentieth qualifying period, nil. (pourcentage compensatoire)
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(2) Subparagraphs (b)(i) to (iv) of the definition
baseline remuneration in subsection 125.7(1) of the Act are replaced by the following: (i) begins on March 1, 2019 and ends on May 31, 2019, in respect of any of the first qualifying period to the third qualifying period, (ii) begins on March 1, 2019 and ends on June 30,
2019, in respect of the fourth qualifying period, unless the eligible entity elects to use the period that begins on March 1, 2019 and ends on May 31, 2019 for that qualifying period, (iii) begins on July 1, 2019 and ends on December
31, 2019, in respect of any of the fifth qualifying period to the thirteenth qualifying period, (iii.1) begins on March 1, 2019 and ends on June 30, 2019, in respect of any of the fourteenth qualifying period to the seventeenth qualifying period, unless the eligible entity elects to use the period that begins on July 1, 2019 and ends on December 31, 2019 for that qualifying period, (iii.2) begins on July 1, 2019 and ends on December 31, 2019, in respect of the eighteenth qualifying period and any subsequent qualifying period, or (iv) if the eligible employee was on leave for any reason mentioned in subsection 12(3) of the Employment Insurance Act or section 2 of the Act respecting parental insurance, CQLR, c. A-29.011 throughout the period that begins on July 1, 2019 and ends on March 15, 2020, begins 90 days prior to the date on which the employee commenced that leave and ends on the day prior to the date on which they commenced their leave, in respect of the fifth qualifying period and any subsequent qualifying period. (rémunération de base)
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(3) The portion of paragraph (a) of the definition base percentage in subsection 125.7(1) of the Act before subparagraph (i) is replaced by the following: (a) for the fifth qualifying period, (4) The portion of paragraph (b) of the definition base percentage in subsection 125.7(1) of the Act before subparagraph (i) is replaced by the following: (b) for the sixth qualifying period, (5) The portion of paragraph (c) of the definition
base percentage in subsection 125.7(1) of the Act before subparagraph (i) is replaced by the following: (c) for the seventh qualifying period, (6) The portion of paragraph (d) of the definition base percentage in subsection 125.7(1) of the Act before subparagraph (i) is replaced by the following: (d) for the eighth qualifying period, (7) The portion of paragraph (e) of the definition base percentage in subsection 125.7(1) of the Act before subparagraph (i) is replaced by the following: (e) for the ninth qualifying period, (8) Paragraph (f) of the definition base percentage in subsection 125.7(1) of the Act is amended by striking out “and” at the end of subparagraph (ii) and by replacing the portion of that paragraph before subparagraph (i) with the following: (f) for the tenth qualifying period, (9) Paragraph (g) of the definition base percentage in subsection 125.7(1) of the Act is replaced by the following: (g) for the eleventh qualifying period to the seventeenth qualifying period, (i) if the entity’s revenue reduction percentage is greater than or equal to 50%, 40%, and (ii) in any other case, the percentage determined by the formula 0.8 × A
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where A
is the revenue reduction percentage;
(h) for the eighteenth qualifying period, (i) if the entity’s revenue reduction percentage is
greater than or equal to 50%, 35%, and (ii) in any other case, the percentage determined by
the formula 0.875 × (A − 10%)
where A
is the revenue reduction percentage;
(i) for the nineteenth qualifying period, (i) if the entity’s revenue reduction percentage is greater than or equal to 50%, 25%, and (ii) in any other case, the percentage determined by the formula 0.625 × (A − 10%)
where A
is the revenue reduction percentage;
(j) for the twentieth qualifying period, (i) if the entity’s revenue reduction percentage is
greater than or equal to 50%, 10%, and (ii) in any other case, the percentage determined by
the formula 0.25 × (A − 10%)
where A
is the revenue reduction percentage; and
(k) for a qualifying period after the twentieth qualifying period, a percentage determined by regulation in respect of the eligible entity or, if there is no percentage determined by regulation for the qualifying period, nil. (pourcentage de base) (10) Paragraphs (a) to (c.7) of the definition current reference period in subsection 125.7(1) of the Act are replaced by the following: (a) for the first qualifying period, March 2020; (b) for the second qualifying period, April 2020; (c) for the third qualifying period, May 2020; (c.1) for the fourth qualifying period, June 2020;
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(c.2) for the fifth qualifying period, July 2020; (c.3) for the sixth qualifying period, August 2020; (c.4) for the seventh qualifying period, September
2020; (c.5) for the eighth qualifying period, October 2020; (c.6) for the ninth qualifying period, November 2020; (c.7) for the tenth qualifying period, December 2020; (c.8) for the eleventh qualifying period, December
2020; (c.9) for the twelfth qualifying period, January 2021; (c.91) for the thirteenth qualifying period, February
2021; (c.92) for the fourteenth qualifying period, March
2021; (c.93) for the fifteenth qualifying period, April 2021; (c.94) for the sixteenth qualifying period, May 2021; (c.95) for the seventeenth qualifying period, June
2021; (c.96) for the eighteenth qualifying period, July 2021; (c.97) for the nineteenth qualifying period, August
2021; (c.98) for the twentieth qualifying period, September
2021; (c.99) for the twenty-first qualifying period, October
2021; (c.991) for the twenty-second qualifying period,
November 2021; and
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(11) Subparagraphs (a)(i) to (x) of the definition
prior reference period in subsection 125.7(1) of the Act are replaced by the following: (i) for the first qualifying period, March 2019, (ii) for the second qualifying period, April 2019, (iii) for the third qualifying period, May 2019, (iv) for the fourth qualifying period, June 2019, (v) for the fifth qualifying period, July 2019, (vi) for the sixth qualifying period, August 2019, (vii) for the seventh qualifying period, September
2019, (viii) for the eighth qualifying period, October 2019, (ix) for the ninth qualifying period, November 2019, (x) for the tenth qualifying period, December 2019, (xi) for the eleventh qualifying period, December
2019, (xii) for the twelfth qualifying period, January
2020, (xiii) for the thirteenth qualifying period, February
2020, (xiv) for the fourteenth qualifying period, March
2019, (xv) for the fifteenth qualifying period, April 2019, (xvi) for the sixteenth qualifying period, May 2019, (xvii) for the seventeenth qualifying period, June
2019, (xviii) for the eighteenth qualifying period, July
2019, (xix) for the nineteenth qualifying period, August
2019, (xx) for the twentieth qualifying period, September 2019,
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(xxi) for the twenty-first qualifying period, October 2019, and (xxii) for the twenty-second qualifying period, November 2019;
(12) Paragraphs (e) to (g) of the definition public health restriction in subsection 125.7(1) of the Act are replaced by the following: (e) it does not result from a violation by the eligible entity – or a party with which the eligible entity does not deal at arm’s length that rents, directly or indirectly, the qualifying property from the eligible entity (referred to in this definition as the “specified tenant”) – of an order or decision that meets the conditions in paragraphs (a) to (d); (f) as a result of the order or decision, some or all of
the activities of the eligible entity – or the specified tenant – at, or in connection with, the qualifying property (that it is reasonable to expect the eligible entity – or the specified tenant – would, absent the order or decision, otherwise have engaged in) are required to cease (referred to in this definition as the “restricted activities”) based, for greater certainty, on the type of activity rather than the extent to which an activity may be performed or limits placed on the time during which an activity may be performed; (g) it is reasonable to conclude that at least approximately 25% of the qualifying revenues of the eligible entity – or the specified tenant – for the prior reference period that were earned from, or in connection with, the qualifying property were derived from the restricted activities; and (13) The portion of paragraph (c) of the definition qualifying entity in subsection 125.7(1) of the Act before subparagraph (i) is replaced by the following: (c) if the qualifying period is any of the first qualifying period to the fourth qualifying period, its qualifying revenues for the current reference period are equal to or less than the specified percentage, for the qualifying period, of
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(14) Paragraphs (a) to (d) of the definition qualifying period in subsection 125.7(1) of the Act are replaced by the following: (a) the period that begins on March 15, 2020 and ends on April 11, 2020 (referred to in this section as the “first qualifying period”); (b) the period that begins on April 12, 2020 and ends on May 9, 2020 (referred to in this section as the “second qualifying period”); (c) the period that begins on May 10, 2020 and ends
on June 6, 2020 (referred to in this section as the “third qualifying period”); (c.1) the period that begins on June 7, 2020 and ends on July 4, 2020 (referred to in this section as the “fourth qualifying period”); (c.2) the period that begins on July 5, 2020 and ends on August 1, 2020 (referred to in this section as the “fifth qualifying period”); (c.3) the period that begins on August 2, 2020 and ends on August 29, 2020 (referred to in this section as the “sixth qualifying period”); (c.4) the period that begins on August 30, 2020 and
ends on September 26, 2020 (referred to in this section as the “seventh qualifying period”); (c.5) the period that begins on September 27, 2020
and ends on October 24, 2020 (referred to in this section as the “eighth qualifying period”); (c.6) the period that begins on October 25, 2020 and
ends on November 21, 2020 (referred to in this section as the “ninth qualifying period”); (c.7) the period that begins on November 22, 2020 and ends on December 19, 2020 (referred to in this section as the “tenth qualifying period”); (c.8) the period that begins on December 20, 2020 and
ends on January 16, 2021 (referred to in this section as the “eleventh qualifying period”); (c.9) the period that begins on January 17, 2021 and
ends on February 13, 2021 (referred to in this section as the “twelfth qualifying period”); (c.91) the period that begins on February 14, 2021
and ends on March 13, 2021 (referred to in this section as the “thirteenth qualifying period”);
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(c.92) the period that begins on March 14, 2021 and
ends on April 10, 2021 (referred to in this section as the “fourteenth qualifying period”); (c.93) the period that begins on April 11, 2021 and ends on May 8, 2021 (referred to in this section as the “fifteenth qualifying period”); (c.94) the period that begins on May 9, 2021 and ends
on June 5, 2021 (referred to in this section as the “sixteenth qualifying period”); (c.95) the period that begins on June 6, 2021 and ends on July 3, 2021 (referred to in this section as the “seventeenth qualifying period”); (c.96) the period that begins on July 4, 2021 and ends
on July 31, 2021 (referred to in this section as the “eighteenth qualifying period”); (c.97) the period that begins on August 1, 2021 and ends on August 28, 2021 (referred to in this section as the “nineteenth qualifying period”); (c.98) the period that begins on August 29, 2021 and ends on September 25, 2021 (referred to in this section as the “twentieth qualifying period”); (c.99) the period that begins on September 26, 2021 and ends on October 23, 2021 (referred to in this section as the “twenty-first qualifying period”); (c.991) the period that begins on October 24, 2021
and ends on November 20, 2021 (referred to in this section as the “twenty-second qualifying period”); and (d) a prescribed period that ends no later than
November 30, 2021. (période d’admissibilité) (15) The portion of paragraph (a) of the definition rent subsidy percentage in subsection 125.7(1) of the Act before subparagraph (i) is replaced by the following: (a) if the qualifying period is any of the eighth qualifying period to the seventeenth qualifying period, (16) The definition rent subsidy percentage in subsection 125.7(1) of the Act is amended by striking out “and” at the end of paragraph (a) and by replacing paragraph (b) with the following: (a.1) if the qualifying period is any of the eighteenth
qualifying period to the twentieth qualifying period, the percentage determined by the formula A+B
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where A
is the eligible entity’s base percentage for the qualifying period, and
B
is the eligible entity’s top-up percentage for the qualifying period; and
(b) for a qualifying period after the twentieth qualifying period, a percentage determined by regulation in respect of the eligible entity or, if there is no percentage determined by regulation for the qualifying period, nil. (pourcentage de subvention pour le loyer)
(17) The description of A in the definition rent
top-up percentage in subsection 125.7(1) of the Act is replaced by the following: A
is 25%, or a prescribed percentage, for any of the eighth qualifying period to the twentieth qualifying period and nil, or a prescribed percentage, for any subsequent qualifying period,
(18) Paragraphs (a) to (c) of the definition specified percentage in subsection 125.7(1) of the Act are replaced by the following: (a) for the first qualifying period, 85%; and (b) for any of the second qualifying period to the fourth qualifying period, 70%. (pourcentage déterminé) (19) The portion of paragraph (a) of the definition top-up revenue reduction percentage in subsection 125.7(1) of the Act before the formula is replaced by the following: (a) for any of the fifth qualifying period to the seventh
qualifying period, the result (expressed as a percentage) of the formula (20) The portion of paragraph (b) of the definition top-up revenue reduction percentage in subsection 125.7(1) of the Act before subparagraph (i) is replaced by the following: (b) for any of the eighth qualifying period to the tenth qualifying period, the greater of
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(21) Paragraph (c) of the definition top-up revenue reduction percentage in subsection 125.7(1) of the Act is replaced by the following: (c) for the eleventh qualifying period and each subsequent qualifying period, the eligible entity’s revenue reduction percentage for the qualifying period. (pourcentage compensatoire de baisse de revenue) (22) Subsection 125.7(1) of the Act is amended by adding the following in alphabetical order:
executive compensation repayment amount, of an eligible entity, means (a) nil, unless (i) shares of the capital stock of the eligible entity
are listed or traded on a stock exchange or other public market, or (ii) the eligible entity is controlled by a corporation described in subparagraph (i); and (b) if the conditions in subparagraph (a)(i) or (ii) are
met, the amount determined by the formula A×B
where A
is (i) a percentage assigned to the eligible entity
under an agreement if (A) the agreement is entered into by (I) the eligible entity, (II) an eligible entity, shares of the capital stock of which are listed or traded on a stock exchange or other public market, that controls the eligible entity (referred to in this definition as the “public parent corporation”), if the public parent corporation received a deemed overpayment under subsection (2) in respect of the seventeenth qualifying period or any subsequent qualifying period, and (III) each other eligible entity that received a deemed overpayment under subsection (2) in respect of the seventeenth qualifying period or any subsequent qualifying period and was controlled in that period by the eligible entity or the public parent corporation, if any,
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(B) the agreement is filed in prescribed form and manner with the Minister, (C) the agreement assigns, for the purposes
of this definition, a percentage in respect of each eligible entity referred to in clause (A) of this description, (D) the total of all the percentages assigned under the agreement equals 100%, and (E) the percentage allocated to any eligible
entity under the agreement would not result in an amount allocated to the eligible entity in excess of the total of all amounts of deemed overpayments of the eligible entity under subsection (2) for the seventeenth qualifying period and any subsequent qualifying period, and (ii) in any other case, 100%, and B
is the lesser of (i) the total of all amounts each of which is an
amount of a deemed overpayment under subsection (2) for each of the eligible entities described in clause (i)(A) of the description of A for the seventeenth qualifying period and each subsequent qualifying period, other than amounts in respect of employees on leave with pay, and (ii) the amount determined by the formula C−D
where C
is the executive remuneration of the eligible entity, or of the public parent corporation that controls the eligible entity, if any, for the 2021 calendar year (prorated based upon the number of days of the eligible entity’s, or the public parent corporation’s, fiscal periods in the calendar year, if those fiscal periods are not the calendar year), and
D
is the executive remuneration of the eligible entity, or of the public parent corporation that controls the eligible entity, if any, for the 2019 calendar year (prorated based upon the number of days of the eligible entity’s, or the public parent corporation’s, fiscal periods in the calendar year, if those fiscal periods are not the calendar year). (montant du remboursement de la rémunération de la haute direction)
executive remuneration, of an eligible entity, means
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(a) the total amount of compensation that is reported
in the eligible entity’s Statement of Executive Compensation for Named Executive Officers pursuant to National Instrument 51-102 Continuous Disclosure Obligations, as amended from time to time, of the Canadian Securities Administrators in respect of Named Executive Officers of the eligible entity; (b) if paragraph (a) does not apply and the eligible entity is required to make a similar disclosure to shareholders under the laws of another jurisdiction, the amount of total compensation reported in that disclosure (if the compensation of more than five individuals is required to be reported under that disclosure, using the five most highly compensated of those individuals); and (c) if paragraphs (a) and (b) do not apply, the amount that would be required to be reported by the eligible entity using the methodology for preparing the Statement of Executive Compensation referred to in paragraph (a). (rémunération de la haute direction)
qualifying recovery entity, for a qualifying period, means an eligible entity that meets the following conditions: (a) it files an application with the Minister in respect
of the qualifying period in prescribed form and manner no later than 180 days after the end of the qualifying period; (b) it is a qualifying entity for the qualifying period; (c) if it is a corporation (other than a corporation that
is exempt from tax under this Part), it (i) is a Canadian-controlled private corporation, or (ii) would be a Canadian-controlled private corporation absent the application of subsection 136(1); (d) if it is a partnership, throughout the qualifying period it is the case that A ≤ 0.5B
where A
is the total of all amounts, each of which is the fair market value of an interest in the partnership held — directly or indirectly, through one or more partnerships — by (i) a person or partnership other than an eligible entity, or (ii) a corporation, other than a corporation that (A) is exempt from tax under this Part, or
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(B) is described in subparagraph (c)(i) or (ii), and
is the total fair market value of all interests in the partnership; and
B
(e) it has a revenue reduction percentage (i) greater than 0%, if it is the seventeenth qualifying period, or (ii) greater than 10%, if it is any of the eighteenth qualifying period to the twenty-second qualifying period. (entité de relance admissible)
recovery wage subsidy rate, for a qualifying period, means (a) for any of the seventeenth qualifying period to the
nineteenth qualifying period, 50%; (b) for the twentieth qualifying period, 40%; (c) for the twenty-first qualifying period, 30%; and (d) for the twenty-second qualifying period, 20%. (taux de subvention salariale de relance)
total base period remuneration, of an eligible entity, means the total of all amounts, each of which is for an eligible employee in respect of a week in the fourteenth qualifying period, equal to the least of (a) $1,129, (b) the eligible remuneration paid to the eligible employee in respect of the week, (c) if the eligible employee does not deal at arm’s length with the eligible entity in the qualifying period, the baseline remuneration in respect of the eligible employee determined for that week, and (d) if the eligible employee is on leave with pay in the
week, nil. (rémunération totale de la période de base) total current period remuneration, of an eligible entity for a qualifying period, means the total of all amounts, each of which is for an eligible employee in respect of a week in the qualifying period, equal to the least of (a) $1,129, (b) the eligible remuneration paid to the eligible employee in respect of the week,
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(c) if the eligible employee does not deal at arm’s
length with the eligible entity in the qualifying period, the baseline remuneration in respect of the eligible employee determined for that week, and (d) if the eligible employee is on leave with pay in the
week, nil. (rémunération totale de la période actuelle)
(23) Subsection 125.7(3) of the Act is replaced by
the following: Canada recovery hiring program (2.2) For a qualifying recovery entity for a qualifying period, an overpayment on account of the qualifying entity’s liability under this Part for the taxation year in which the qualifying period ends is deemed to have arisen during the qualifying period in an amount determined by the formula A × (B − C)
where A
is the recovery wage subsidy rate for the qualifying period;
B
is the qualifying recovery entity’s total current period remuneration for the qualifying period; and
C
is the qualifying recovery entity’s total base period remuneration.
When assistance received (3) For the purposes of this Act other than this section,
and for greater certainty, an amount that an eligible entity is deemed under any of subsections (2) to (2.2) to have overpaid is assistance received by it from a government immediately before the end of the qualifying period to which it relates.
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(24) Paragraph 125.7(4.2)(d) of the Act is replaced
by the following: (d) if the seller meets any of the following conditions, the eligible entity is deemed to meet that condition: (i) either of the conditions in paragraph (d) of the
definition qualifying entity in subsection (1), and (ii) both of the conditions in subparagraph (c)(ii),
or the condition in subparagraph (c)(iii), of the definition qualifying renter in subsection (1); and
(25) Paragraphs 125.7(5)(a) and (b) of the Act are
replaced by the following: (a) the amount of any deemed overpayment by an eligible entity under any of subsections (2) to (2.2) in respect of a qualifying period cannot exceed the amount claimed by the eligible entity in the application referred to in paragraph (a) of the definition qualifying entity in subsection (1) — or paragraph (a) of the definition qualifying renter in subsection (1) or paragraph (a) of the definition qualifying recovery entity in subsection (1) — in respect of that qualifying period; and (b) if an eligible employee is employed in a week by two or more qualifying entities that do not deal with each other at arm’s length, the total amount of the deemed overpayment under subsection (2) or (2.2) in respect of the eligible employee for that week shall not exceed the amount that would arise if the eligible employee’s eligible remuneration for that week were paid by one qualifying entity. (26) Subparagraph 125.7(6)(b)(ii) of the Act is replaced by the following: (ii) in respect of the fifth qualifying period and subsequent qualifying periods, increase the amount of a deemed overpayment under subsection (2), or (27) Section 125.7 of the Act is amended by adding the following after subsection (6):
Anti-avoidance — recovery wage subsidy (6.1) Notwithstanding any other provision in this section, the total current period remuneration of an eligible entity for a qualifying period is deemed to be equal to the total base period remuneration of the eligible entity, if
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(a) the eligible entity, or a person or partnership not
dealing at arm’s length with the eligible entity, enters into a transaction or participates in an event (or a series of transactions or events) or takes an action (or fails to take an action) that has the effect of increasing the difference between the total current period remuneration and the total base period remuneration of the eligible entity for the qualifying period; and (b) it is reasonable to conclude that one of the main purposes of the transaction, event, series or action in paragraph (a) is to increase the amount of a deemed overpayment under subsection (2.2).
(28) Paragraphs 125.7(7)(a) and (b) of the Act are
replaced by the following: (a) for the purposes of subsections (2) to (2.2) and subsections 152(3.4) and 160.1(1), to be a taxpayer; and (b) for the purposes of subsections (2) to (2.2), to have a liability under this Part for a taxation year in which a qualifying period ends. (29) Subparagraphs 125.7(8)(a)(i) and (ii) of the
Act are replaced by the following: (i) the percentages in subparagraphs (a)(i), (b)(i), (c)(i), (d)(i), (e)(i), (f)(i), (g)(i), (h)(i), (i)(i) and (j)(i), and (ii) the factors in subparagraphs (a)(ii), (b)(ii), (c)(ii), (d)(ii), (e)(ii), (f)(ii), (g)(ii), (h)(ii), (i)(ii) and (j)(ii); and (30) Paragraph 125.7(8)(b) of the Act is replaced by the following: (b) the definition rent subsidy percentage in subsection (1), the factors and percentages in paragraphs (a) and (a.1) of that definition; (b.1) the definition recovery wage subsidy rate in
subsection (1), the percentages in that definition; and
(31) Section 125.7 of the Act is amended by adding the following after subsection (9):
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Special case (9.1) For the purposes of paragraph (9)(b), if the particular qualifying period is the eleventh qualifying period, then the immediately preceding qualifying period is deemed to be the ninth qualifying period.
Greater of wage and recovery subsidies (9.2) For a qualifying period, (a) if the amount of any deemed overpayment under
subsection (2) is equal to or greater than the amount of any deemed overpayment under subsection (2.2), the amount of any deemed overpayment under subsection (2.2) is deemed to be nil; and (b) if the amount of any deemed overpayment under
subsection (2.2) is greater than the amount of any deemed overpayment under subsection (2), the amount of any deemed overpayment under subsection (2) is deemed to be nil. (32) Section 125.7 of the Act is amended by adding
the following in numerical order:
Executive compensation (14) The amount of a refund made by the Minister to an
eligible entity in respect of a deemed overpayment under subsection (2) on a particular date under subsection 164(1.6), in respect of any of the seventeenth qualifying period to the twenty-second qualifying period, is deemed to be an amount that has been refunded to the eligible entity on that particular date (for the taxation year in which the refund was made) in excess of the amount to which the eligible entity was entitled as a refund under this Act to the extent of the lesser of the amount of the refund and the amount determined by the formula A−B
where A
is the executive compensation repayment amount of the eligible entity; and
B
is the total of all amounts deemed to be an excess refund to the eligible entity under this subsection in respect of refunds made after the particular date.
Foreign currency — executive remuneration (15) For the purposes of paragraphs 261(2)(b) and (5)(c), amounts referred to in the definition executive remuneration in subsection (1) are deemed to arise on the last
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day of the eligible entity’s fiscal period to which the amount relates and not at any other time. (32.1) The Minister of Finance must prepare a report on proposed measures to (a) prevent publicly traded companies and
their subsidiaries from paying dividends or repurchasing their own shares while receiving the Canada Emergency Wage Subsidy, for the period that is after the tabling of the report under subsection (32.2); and (b) recover wage subsidy amounts from publicly traded companies and their subsidiaries that paid dividends or repurchased their own shares while receiving the Canada Emergency Wage Subsidy, for the period that is before the tabling of the report under subsection (32.2).
(32.2) The Minister of Finance must cause the report to be tabled in each House of Parliament no later than 30 days after the day on which this Act receives royal assent or, if either House is not then sitting, on any of the first 15 days on which that House is sitting. (33) Subsections (12) and (24) are deemed to have come into force on September 27, 2020. 25 (1) Subclause 126(1)(b)(ii)(A)(III) of the Act is replaced by the following: (III) the total of all amounts each of which is
an amount deducted under section 110.6 or paragraph 111(1)(b), or deductible under any of paragraphs 110(1)(d) to (g) and sections 112 and 113, in computing the taxpayer’s taxable income for the year, and (2) Subclause 126(2.1)(a)(ii)(A)(III) of the Act is replaced by the following: (III) the total of all amounts each of which is an amount deducted under section 110.6 or paragraph 111(1)(b), or deductible under any of paragraphs 110(1)(d) to (g) and sections 112 and 113, in computing the taxpayer’s taxable income for the year, and (3) Subsections (1) and (2) come into force or are
deemed to have come into force on July 1, 2021.
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26 (1) The portion of paragraph 128.1(1)(c.3) of the Act before subparagraph (i) is replaced by the following:
Foreign affiliate dumping — immigrating corporation (c.3) if the taxpayer is a corporation that was, immediately before the particular time, controlled by one non-resident person or, if no single non-resident person controlled the CRIC, a group of non-resident persons not dealing with each other at arm’s length (in this section, that one non-resident person, or each member of the group of non-resident persons, as the case may be, is referred to as a “parent”, and the group of non-resident persons, if any, is referred to as the “group of parents”) and the taxpayer owned, immediately before the particular time, one or more shares of one or more non-resident corporations (each of which is in this paragraph referred to as a “subject affiliate”) that, immediately after the particular time, were — or that became, as part of a transaction or event or series of transactions or events that includes the taxpayer having become resident in Canada — foreign affiliates of the taxpayer, then
(2) Subparagraph 128.1(1)(c.3)(ii) of the Act is replaced by the following: (ii) for the purposes of Part XIII, the taxpayer is
deemed, immediately after the particular time, to have paid to each parent, and each parent is deemed, immediately after the particular time, to have received from the taxpayer, a dividend in an amount determined by the formula (A – B) × C/D
where A
is the amount determined under clause (B) of the description of A in subparagraph (i),
B
is the amount determined under clause (A) of the description of A in subparagraph (i),
C
is the fair market value, immediately after the particular time, of the shares of the capital stock of the taxpayer that are held, directly or indirectly, by the parent, and
D
is the total of all amounts each of which is the fair market value, immediately after the particular time, of the shares of the capital stock of the taxpayer that are held, directly or indirectly, by a parent.
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(3) Subsections (1) and (2) apply in respect of
transactions or events that occur after March 18, 2019. 27 (1) Section 132 of the Act is amended by
adding the following after subsection (5.2):
Allocation to redeemers (5.3) If a trust that is a mutual fund trust throughout a
taxation year paid or made payable, at any time in the taxation year, to a beneficiary an amount on a redemption by that beneficiary of a unit of the trust (in this subsection referred to as the “allocated amount”), and the beneficiary’s proceeds from the disposition of that unit do not include the allocated amount, in computing its income for the taxation year no deduction may be made by the trust in respect of (a) the portion of the allocated amount that would be,
without reference to subsection 104(6), an amount paid out of the income (other than taxable capital gains) of the trust; and (b) the portion of the allocated amount determined by
the formula A − ½(B + C − D)
where A
is the portion of the allocated amount that would be, without reference to subsection 104(6), an amount paid out of the taxable capital gains of the trust,
B
is the beneficiary’s proceeds from the disposition of the unit on the redemption,
C
is the allocated amount, and
D
is the amount determined by the trustee to be the beneficiary’s cost amount of that unit, using reasonable efforts to obtain the information required to determine the cost amount.
(2) Subsection (1) applies to taxation years that begin after March 18, 2019. However, paragraph 132(5.3)(b) of the Act, as enacted by subsection (1), does not apply to a taxation year of a mutual fund trust that begins before December 16, 2021, if, in that taxation year, units of the trust are (a) listed on a designated stock exchange in
Canada; and
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(b) in continuous distribution.
28 Paragraph (a) of the definition tax deferred cooperative share in subsection 135.1(1) of the Act is replaced by the following: (a) issued, after 2005 and before 2026, by an agricultural cooperative corporation to a person or partnership that is at the time the share is issued an eligible member of the agricultural cooperative corporation, pursuant to an allocation in proportion to patronage; 29 (1) Subsection 143.3(5) of the Act is amended
by striking out “and” at the end of paragraph (c), by adding “and” at the end of paragraph (d) and by adding the following after paragraph (d): (e) this section does not apply to prohibit the deduction of an amount under paragraph 110(1)(e). (2) Subsection (1) comes into force or is deemed to have come into force on July 1, 2021. 30 (1) The definition designated employee benefit in subsection 144.1(1) of the Act is replaced by the following:
designated employee benefit means a benefit that is (a) from a group sickness or accident insurance plan; (b) from a group term life insurance policy; (c) from a private health services plan; (d) in respect of a counselling service described in subparagraph 6(1)(a)(iv); or (e) not a death benefit, but that would be a death benefit if the amounts determined for paragraphs (a) and (b) of the definition death benefit in subsection 248(1) were nil. (prestation désignée)
(2) Paragraph 144.1(2)(a) of the Act is replaced by
the following: (a) the only purpose of the trust is to provide benefits
to, or for the benefit of, persons described in subparagraph (d)(i) or (ii) and all or substantially all of the
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total cost of the benefits is applicable to designated employee benefits; (3) Paragraph 144.1(2)(c) of the Act is replaced by the following: (c) the trust meets one of the following conditions: (i) the trust is required to be resident in Canada, determined without reference to section 94, or (ii) if the condition in subparagraph (i) is not met,
it is the case that (A) employee benefits are provided to employees who are resident in Canada and to employees who are not resident in Canada, (B) one or more participating employers are employers that are resident in a country other than Canada, and (C) the trust is required to be resident in a country in which a participating employer resides; (4) Subparagraph 144.1(2)(d)(i) of the Act is replaced by the following: (i) an employee of a participating employer or former participating employer, (5) The portion of subparagraph 144.1(2)(d)(ii) of
the Act before clause (A) is replaced by the following: (ii) an individual who, in respect of an employee of
a participating employer or former participating employer, is (or, if the employee is deceased, was, at the time of the employee’s death) (6) Paragraph 144.1(2)(e) of the Act is replaced by
the following: (e) the trust meets one of the following conditions: (i) it contains at least one class of beneficiaries
where (A) the members of the class represent at least 25% of all of the beneficiaries of the trust who are employees of the participating employers under the trust, and (B) either of the following conditions is met:
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(I) at least 75% of the members of the class are not key employees of any of the participating employers under the trust, or (II) the contributions to the trust in respect of
key employees who deal at arm’s length with their employer are determined in connection with a collective bargaining agreement, or (ii) in respect of the private health services plan under the trust, the total cost of benefits provided to each key employee (and to persons described in subparagraph (2)(d)(ii) in respect of the key employee) in relation to the year does not exceed the amount determined by the formula $2,500 × A(B/C)
where A
is the total number of persons each of whom (A) is a person to whom designated employee benefits are provided under the plan, and (B) is the key employee or a person described
in subparagraph (2)(d)(ii) in respect of the key employee, B
is the number of days in the year that the key employee was employed on a full-time basis by an employer that participates in the plan, and
C
is the number of days in the year;
(7) Subsection 144.1(2) of the Act is amended by adding “and” at the end of paragraph (g) and by replacing paragraphs (h) and (i) with the following: (i) trustees who do not deal at arm’s length with one
or more participating employers must not constitute the majority of the trustees of the trust. (8) Paragraphs 144.1(3)(a) and (b) of the Act are replaced by the following: (a) is not operated in accordance with the terms required by subsection (2) to govern the trust, unless it is reasonable to conclude that its trustees neither knew nor ought to have known that designated employee benefits have been provided to, or contributions have been made in respect of, beneficiaries other than those described in subparagraph (2)(d)(i) or (ii); or (b) provides any benefit for which, if the benefit had been paid directly to the employee and not out of the
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trust, the contributions or premiums would not be deductible in computing the income of an employer in respect of any taxation year. (9) Subsection 144.1(6) of the Act is replaced by the following:
Deductibility — collectively bargained or similar agreement (6) Despite subsection (4) and paragraph 18(9)(a), an employer may deduct in computing its income for a taxation year the amount that it is required to contribute for the year to an employee life and health trust if the following conditions are met at the time that the contribution is made: (a) the employer contributes to the trust in accordance with a contribution formula that does not provide for any variation in contributions determined by reference to the financial experience of the trust and either of the following conditions is met: (i) if there is a collective bargaining agreement, the
trust provides benefits (A) negotiated under the collective bargaining
agreement, or (B) under a participation agreement that are
substantially the same as under the collective bargaining agreement, or (ii) in any other case, the trust provides benefits in accordance with an arrangement that meets the following conditions: (A) there is a legal requirement for each employer to participate in accordance with the terms and conditions that govern the trust, (B) there are a minimum of 50 beneficiaries under the trust who are employees of the participating employers in respect of the trust, and (C) each employee who is a beneficiary under the trust deals at arm’s length with each participating employer in respect of the trust; and (b) contributions that are to be made by each employer are determined, in whole or in part, by reference to the number of hours worked by individual employees of the employer or some other measure that is specific to each employee with respect to whom contributions are made to the trust.
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(10) Section 144.1 of the Act is amended by adding
the following after subsection (13):
Conditions — deemed employee life and health trust (14) Subsection (15) applies in respect of a trust if (a) the trust was established before February 28, 2018; (b) the contributions to the trust are determined in
connection with a collective bargaining agreement; (c) all or substantially all of the employee benefits provided by the trust are designated employee benefits; and (d) the trust elects in prescribed form and manner
that subsection (15) applies as of a particular date after 2018. Deemed employee life and health trust (15) If this subsection applies in respect of a trust, (a) the trust is deemed for the purposes of the Act to be an employee life and health trust from the particular date referred to in paragraph (14)(d) until the earliest of (i) the end of 2022, (ii) the day that the trust satisfies the conditions in subsection (2), and (iii) any day on which the condition in paragraph (14)(c) is not satisfied; and (b) at any time that the trust is an employee life and
health trust because of paragraph (a), (i) subsection 111(7.5) applies to the trust as if the reference in paragraph (b) of that subsection to “subsection 144.1(3)” were read as a reference to “paragraph 144.1(3)(b)”, and (ii) subsection (3) applies to the trust without reference to its paragraph (a).
Trust-to-trust transfer (16) If a property is transferred from a trust that provides employee benefits substantially all of which are designated employee benefits (referred to in this
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subsection as the “transferor trust”) to an employee life and health trust (referred to in this subsection as the “receiving trust”), and if the Minister has been so notified in prescribed form, then (a) the transferred property is deemed to have been disposed of by the transferor trust, and to have been acquired by the receiving trust, for an amount equal to the cost amount of the property to the transferor trust immediately before the disposition; and (b) section 107.1 does not apply to the transfer.
Deductibility of transferred property (17) If subsection (16) applies to a transfer of property to
an employee life and health trust, the transfer shall not be considered to be a contribution to the employee life and health trust for the purposes of subsections (4) and (6). Requirement to file (18) A trust shall, on or before its first filing-due date after 2021, notify the Minister in prescribed form that it is an employee life and health trust if (a) prior to February 27, 2018, it provided employee
benefits substantially all of which are designated employee benefits; (b) after February 26, 2018, it becomes an employee
life and health trust because it satisfies the conditions in subsection (2); and (c) subsections (15) and (16) do not apply to the trust.
(11) Subsections (1) to (10) are deemed to have
come into force on February 27, 2018. As of that date, section 144.1 of the Act, as amended by subsections (1) to (10), applies in respect of trusts regardless of the date that the trust was established. 31 (1) The description of A in subsection 146(1.1) of the Act is replaced by the following: A
is the amount determined for F in subsection 118(1.1) for that preceding taxation year; and
(2) Subsection 146(16) of the Act is amended by striking out “or” at the end of paragraph (a) and by adding the following after that paragraph:
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(a.1) to a licensed annuities provider to acquire an advanced life deferred annuity for the benefit of the transferor, or (3) Subsection (1) applies to the 2021 and subsequent taxation years. (4) Subsection (2) is deemed to have come into force on January 1, 2020. 32 (1) Paragraph 146.3(2)(f) of the Act is amended by striking out “or” at the end of subparagraph (vii), by adding “or” at the end of subparagraph (viii) and by adding the following after subparagraph (viii): (ix) an advanced life deferred annuity under which the individual is the annuitant, if the transfer is a refund described under paragraph (g) of the definition advanced life deferred annuity in subsection 146.5(1); (2) Subsection 146.3(14.1) of the Act is amended by
striking out “or” at the end of paragraph (a), by adding “or” at the end of paragraph (b) and by adding the following after paragraph (b): (c) is transferred at the direction of the annuitant directly to a licensed annuities provider to acquire an advanced life deferred annuity for the benefit of the annuitant. (3) Subsections (1) and (2) are deemed to have
come into force on January 1, 2020. 33 (1) Paragraph (c) of the definition disability
savings plan in subsection 146.4(1) of the Act is replaced by the following: (c) that is entered into in a taxation year in respect of
which (i) the beneficiary is a DTC-eligible individual, or (ii) the beneficiary is not a DTC-eligible individual and an amount is to be transferred from a registered disability savings plan of the beneficiary to the arrangement in accordance with subsection (8). (régime d’épargne-invalidité)
(2) Subparagraph 146.4(4)(f)(i) of the Act is replaced by the following: (i) the beneficiary is not a DTC-eligible individual in respect of the taxation year that includes that
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time, unless the contribution is a specified RDSP payment in respect of the beneficiary, or (3) The portion of subparagraph 146.4(4)(n)(i) of
the Act before clause (A) is replaced by the following: (i) if the calendar year is not a specified year for the plan and the conditions in clauses (p)(ii)(A) and (B) are not met in the calendar year, the total amount of disability assistance payments made from the plan to the beneficiary in the calendar year shall not exceed the specified maximum amount for the calendar year, except that, in calculating that total amount, any payment made following a transfer in the calendar year from another plan in accordance with subsection (8) is to be disregarded if it is made (4) Subparagraph 146.4(4)(p)(ii) of the Act is replaced by the following: (ii) the first calendar year in which the following
conditions are met: (A) the holder of the plan has requested that the
issuer terminate the plan, and (B) throughout the year, the beneficiary has no severe and prolonged impairments with the effects described in paragraph 118.3(1)(a.1). (5) Section 146.4 of the Act is amended by adding the following after subsection (4):
Transitional rule (4.01) If, after March 18, 2019 and before 2021, a registered disability savings plan would otherwise be required to be terminated because of subparagraph (4)(p)(ii) or any terms of the plan provided because of that subparagraph, then notwithstanding that subparagraph or those terms, the plan is not required to be terminated before 2021 in either of the following circumstances: (a) the beneficiary of the plan has no severe and prolonged impairments with the effects described in paragraph 118.3(1)(a.1), or (b) an election was made under subsection (4.1), as it read immediately before 2021, and the election ceases to be valid after March 18, 2019 and before 2021 because of paragraph (4.2)(b), as it read immediately before 2021. (6) Subsections 146.4(4.1) to (4.3) of the Act are repealed.
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(7) Subsections (1) to (4) and (6) are deemed to have come into force on January 1, 2021. 34 (1) The Act is amended by adding the following after section 146.4:
Advanced Life Deferred Annuity Definitions 146.5 (1) The following definitions apply in this section.
advanced life deferred annuity means a contract for an annuity that meets the following conditions: (a) it is issued by a licensed annuities provider; (b) it specifies that it is intended to qualify as an advanced life deferred annuity under this Act; (c) periodic annuity payments under the contract (i) commence to be paid no later than the end of the calendar year in which the annuitant attains 85 years of age, and (ii) are payable for the life of the annuitant or for
the lives, jointly, of the annuitant and the annuitant’s spouse or common-law partner; (d) periodic annuity payments under the contract are payable (i) in equal amounts, or (ii) in amounts that are not equal only because the
payments (A) are adjusted in whole or in part to reflect (I) increases in the Consumer Price Index, as
published by Statistics Canada under the authority of the Statistics Act, or (II) increases at a rate specified in the contract, not exceeding 2% per annum, or (B) are reduced on the death of the annuitant or the annuitant’s spouse or common-law partner; (e) if an annuity is payable for the lives, jointly, of the annuitant and the annuitant’s spouse or common-law partner and the annuitant dies before payments commence to be paid, then the payments to the annuitant’s spouse or common-law partner shall
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(i) commence no later than the date that they would have commenced if the annuitant were alive, and (ii) be adjusted in accordance with generally accepted actuarial principles if the payments commence before the date they would have commenced if the annuitant were alive; (f) the amount to be paid, if any, to one or more beneficiaries under the contract after the death of the annuitant — or, in the case of a joint-lives annuity, after the last death of the annuitant and the annuitant’s spouse or common-law partner — shall (i) be paid as soon as practicable after the death of the annuitant or the last death of the annuitant and the annuitant’s spouse or common-law partner, as the case may be, and (ii) not exceed the amount, if any, by which the total amount transferred to acquire the annuity exceeds the total amount of annuity payments made under the contract; (g) it provides that all or part of the amount transferred to acquire the annuity may be refunded, if (i) the refund is paid to reduce the amount of tax that would otherwise be payable by the annuitant under Part XI, and (ii) the refund is (A) paid to the annuitant, or (B) transferred directly to (I) the issuer of a registered retirement savings plan of the annuitant, (II) the carrier of a registered retirement income fund of the annuitant, (III) the administrator of a pooled registered
pension plan under which the annuitant is a member, or (IV) the administrator of a money purchase provision of a registered pension plan under which the annuitant is a member; (h) if it provides that the spouse or common-law partner may request a payment in a single amount in full or partial satisfaction of the spouse’s or common-law partner’s entitlement to payments described in subparagraph (c)(ii) as a consequence of the death of the
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annuitant, then the single amount cannot exceed the present value (at the time the single amount is paid) of the other payments that, as a consequence of the payment of the single amount, cease to be provided; (i) no right under the contract is capable of being assigned, charged, anticipated, given as security or surrendered; and (j) it does not provide for any payment under the contract except as specified in this definition. (rente viagère différée à un âge avancé) annuitant means an individual who has acquired a contract for an annuity from a licensed annuities provider. (rentier) beneficiary, under a contract for an annuity, means an individual who has a right under the contract to receive a payment after the death of the annuitant or the annuitant’s spouse or common-law partner. (bénéficiaire)
Taxable amount — annuity payments (2) Amounts (excluding amounts described in paragraph (f) or (g) of the definition advanced life deferred annuity in subsection (1) and including amounts deemed to have been received under paragraph (7)(a)) received by a taxpayer in a taxation year under an advanced life deferred annuity shall be included in computing the income of the taxpayer for the taxation year.
Taxable amount — death benefits (3) Amounts described in paragraph (f) of the definition
advanced life deferred annuity in subsection (1) received by a taxpayer in a taxation year under an advanced life deferred annuity as a result of the death of an individual shall be included in computing the income of (a) the taxpayer for the taxation year, if the taxpayer is (i) the spouse or common-law partner of the individual, or (ii) a child or grandchild of the individual who was,
immediately before the death of the individual, financially dependent on the individual for support; and
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(b) the individual for the taxation year in which the individual died, in any other case.
Taxation of refunds (4) The amount of a refund described in clause (g)(ii)(A)
of the definition advanced life deferred annuity in subsection (1) that is paid to an annuitant shall be included in the income of the annuitant. Treatment of amount transferred (5) If an amount is paid in circumstances described in clause (g)(ii)(B) of the definition advanced life deferred annuity in subsection (1), (a) the amount shall not, by reason only of that payment, be included by reason of paragraph 56(1)(z.5) in computing the income of any taxpayer; (b) no deduction may be made under any provision of this Act in respect of the amount in computing the income of any taxpayer; (c) in the case of an amount paid to a registered pension plan, the amount is deemed not to be a contribution for the purpose of applying Parts LXXXIII and LXXXV of the Income Tax Regulations; and (d) in the case of an amount paid to a registered retirement savings plan or a pooled registered pension plan, the amount shall not be included in determining the amount of the individual’s undeducted RRSP premiums under subsection 204.2(1.2).
Deemed payment to beneficiary (6) An amount is deemed to have been received at a particular time by a beneficiary (as defined in subsection 108(1)) of a deceased annuitant’s estate, and not by the legal representative of the deceased annuitant, if (a) the amount is described in paragraph (f) of the
definition advanced life deferred annuity in subsection (1); (b) the amount was paid to the legal representative; (c) the beneficiary is described in paragraph (3)(a); (d) the beneficiary is entitled to the amount in full or partial satisfaction of their rights as a beneficiary under the deceased annuitant’s estate; and (e) the amount is designated jointly by the legal representative and the beneficiary in prescribed form filed with the Minister.
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Amended contract (7) If an amendment made at any time to a contract results in it no longer meeting the conditions in the definition advanced life deferred annuity in subsection (1), the following rules apply: (a) the annuitant under the contract immediately before that time is deemed to have received under the contract at that time an amount equal to the fair market value of their interest in the contract at that time; and (b) the annuitant is deemed to have acquired their interest in the contract at that time at a cost equal to the fair market value of the interest at that time.
(2) Subsection (1) is deemed to have come into force on January 1, 2020. 35 (1) The portion of subparagraph 147(2)(k)(vi) of the Act before clause (A) is replaced by the following: (vi) by a trustee under the plan to a licensed annuities provider to purchase for the beneficiary an annuity (other than an advanced life deferred annuity), if (2) Subparagraph 147(2)(k.1)(ii.1) of the Act is replaced by the following: (ii.1) an amount paid pursuant to or under the plan
by a trustee under the plan to a licensed annuities provider to purchase for a beneficiary under the plan an annuity to which subparagraph (k)(vi) or (19)(d)(v) applies, (3) The portion of paragraph 147(19)(d) of the
French version of the Act before subparagraph (i) is replaced by the following: d) le montant est transféré directement à l’un des régimes, fonds ou fournisseurs ci-après au profit du particulier : (4) Paragraph 147(19)(d) of the Act is amended by striking out “or” at the end of subparagraph (iii), by adding “or” at the end of subparagraph (iv) and by adding the following after subparagraph (iv): (v) a licensed annuities provider to acquire an advanced life deferred annuity, if the individual is an employee or former employee of an employer who participated in the plan on the employee’s behalf.
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(5) Subsections (1) to (4) are deemed to have
come into force on January 1, 2020. 36 (1) The portion of paragraph 147.3(1)(c) of the French version of the Act before subparagraph (i) is replaced by the following: c) le montant est transféré directement à l’un des régimes, fonds ou fournisseurs suivants : (2) Paragraph 147.3(1)(c) of the Act is amended by striking out “or” at the end of subparagraph (ii), by adding “or” at the end of subparagraph (iii) and by adding the following after subparagraph (iii): (iv) a licensed annuities provider to acquire an advanced life deferred annuity for the benefit of the member. (3) Paragraph 147.3(3)(c) of the Act is replaced by
the following: (c) is transferred directly to another registered pension plan to be held in connection with a defined benefit provision of the other plan, unless the transfer is to an individual pension plan (as defined in subsection 8300(1) of the Income Tax Regulations) and is in respect of benefits that are attributable to employment with a former employer that is not a participating employer (or its predecessor employer); and (4) Subsections (1) and (2) are deemed to have come into force on January 1, 2020. (5) Subsection (3) is deemed to have come into force on March 19, 2019. 37 (1) Paragraph 147.4(1)(a) of the Act is replaced by the following: (a) at any time an individual acquires, in full or partial
satisfaction of the individual’s entitlement to benefits under a registered pension plan, an interest in an annuity contract (other than an advanced life deferred annuity) purchased from a licensed annuities provider, (2) Subsection (1) is deemed to have come into force on January 1, 2020. 38 (1) The portion of the definition qualifying annuity in subsection 147.5(1) of the Act before paragraph (a) is replaced by the following:
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qualifying annuity, for an individual, means an annuity (other than an advanced life deferred annuity) that (2) Paragraph 147.5(5)(a) of the Act is replaced by the following: (a) the payment of benefits to a member that would be in accordance with paragraph 8506(1)(e.1) or (e.2) of the Income Tax Regulations if the benefits were provided under a money purchase provision of a registered pension plan; and (3) Paragraph 147.5(21)(c) of the Act is amended by striking out “or” at the end of subparagraph (iv), by adding “or” at the end of subparagraph (v) and by adding the following after subparagraph (v): (vi) a licensed annuities provider to acquire an advanced life deferred annuity for the benefit of the member. (4) Subsections (1) to (3) are deemed to have
come into force on January 1, 2020. 39 (1) The definition ineligible individual in subsection 149.1(1) of the Act is amended by striking out “or” at the end of paragraph (d) and by adding the following after paragraph (e): (f) a listed terrorist entity, or a member of a listed terrorist entity, (g) a director, trustee, officer or like official of a listed
terrorist entity during a period in which that entity supported or engaged in terrorist activities, including a period prior to the date on which the entity became a listed terrorist entity, or (h) an individual who controlled or managed, directly
or indirectly, in any manner whatever, a listed terrorist entity during a period in which that entity supported or engaged in terrorist activities, including a period prior to the date on which the entity became a listed terrorist entity; (particulier non admissable)
(2) The definition qualifying journalism organization in subsection 149.1(1) of the Act is amended by striking out “and” at the end of paragraph (f), by adding “and” at the end of paragraph (g) and by adding the following after paragraph (g):
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Chapter 23: Budget Implementation Act, 2021, No. 1 PART 1 Amendments to the Income Tax Act and Other Legislation Income Tax Act Sections 39-40
(h) it is primarily engaged in the production of original news content; (organisation journalistique admissible) (3) Subsection 149.1(1) of the Act is amended by
adding the following in alphabetical order: listed terrorist entity, at any time, means a person, partnership, group, fund, unincorporated association or organization that is at that time a listed entity, as defined in subsection 83.01(1) of the Criminal Code; (entité terroriste inscrite) (4) Section 149.1 of the Act is amended by adding the following after subsection (1.01):
Deeming rule — listed terrorist entity (1.02) If, but for this subsection, a person, partnership,
group, fund, unincorporated association or organization becomes a listed terrorist entity at a particular time and ceases to be a listed terrorist entity at a later time further to an application made under subsection 83.05(2) of the Criminal Code or as a result of paragraph 83.05(6)(d) of that Act, then the entity is deemed not to have become a listed terrorist entity and to not have been a listed terrorist entity throughout that period. (5) Paragraph 149.1(4.1)(c) of the Act is replaced
by the following: (c) of a registered charity, if a false statement (as defined in subsection 163.2(1)) was made in circumstances amounting to culpable conduct (as defined in subsection 163.2(1)) in the furnishing of information for the purpose of obtaining or maintaining its registration; (6) Subsection (2) is deemed to have come into force on January 1, 2019. 40 (1) Paragraph 152(1)(b) of the Act is replaced by the following: (b) the amount of tax, if any, deemed by subsection
120(2) or (2.2), 122.5(3), 122.51(2), 122.7(2) or (3), 122.8(4), 122.9(2), 122.91(1), 125.4(3), 125.5(3), 125.6(2) or (2.1), 127.1(1), 127.41(3) or 210.2(3) or (4) to be paid on account of the taxpayer’s tax payable under this Part for the year. (2) Paragraph 152(1)(b) of the Act is replaced by
the following:
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(b) the amount of tax, if any, deemed by subsection
120(2) or (2.2), 122.5(3) or (3.001), 122.51(2), 122.7(2) or (3), 122.8(4), 122.9(2), 122.91(1), 125.4(3), 125.5(3), 125.6(2) or (2.1), 127.1(1), 127.41(3) or 210.2(3) or (4) to be paid on account of the taxpayer’s tax payable under this Part for the year. (3) Subsection 152(3.4) of the Act is replaced by the following:
COVID-19 — notice of determination (3.4) The Minister may at any time determine the amount deemed by any of subsections 125.7(2) to (2.2) to be an overpayment on account of a taxpayer’s liability under this Part that arose during a qualifying period (as defined in subsection 125.7(1)), or determine that there is no such amount, and send a notice of the determination to the taxpayer.
(4) Clause 152(4)(b)(iii)(A) of the Act is replaced
by the following: (A) as a consequence of a transaction (as defined in subsection 247(1)) involving the taxpayer and a non-resident person with whom the taxpayer was not dealing at arm’s length, or (5) Subsection (1) is deemed to have come into force on January 1, 2019. (6) Subsection (2) is deemed to have come into force on March 25, 2020. (7) Subsection (4) applies to taxation years of a taxpayer in respect of which the normal reassessment period (within the meaning of subsection 152(3.1) of the Act) for the taxpayer ends after March 18, 2019. 41 (1) Subsection 153(1) of the Act is amended by striking out “or” at the end of paragraph (s), by adding “or” at the end of paragraph (t) and by adding the following after paragraph (t): (u) a payment out of or under an advanced life deferred annuity (2) Subsection (1) is deemed to have come into
force on January 1, 2020. 42 (1) Paragraph 157(3)(e) of the Act is replaced by the following:
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(e) 1/12 of the total of the amounts each of which is
deemed by subsection 125.4(3), 125.5(3), 125.6(2) or (2.1), 127.1(1) or 127.41(3) to have been paid on account of the corporation’s tax payable under this Part for the year. (2) Paragraph 157(3.1)(c) of the Act is replaced by the following: (c) 1/4 of the total of the amounts each of which is
deemed by subsection 125.4(3), 125.5(3), 125.6(2) or (2.1), 127.1(1) or 127.41(3) to have been paid on account of the corporation’s tax payable under this Part for the taxation year. (3) Subsections (1) and (2) are deemed to have
come into force on January 1, 2019. 43 (1) Subparagraph 163(2)(h)(i) of the Act is replaced by the following: (i) the amount that would be deemed by subsection
125.6(2) or (2.1) to have been paid for the year by the person if that amount were calculated by reference to the information provided in the return filed for the year pursuant to that subsection (2) Subparagraph 163(2)(i)(i) of the Act is replaced by the following: (i) the amount that would be deemed by any of subsections 125.7(2) to (2.2) to have been an overpayment by the person or partnership if that amount were calculated by reference to the information provided in the application filed pursuant to paragraph (a) of the definition qualifying entity in subsection 125.7(1), paragraph (a) of the definition qualifying renter in subsection 125.7(1) or paragraph (a) of the definition qualifying recovery entity in subsection 125.7(1), as the case may be (3) Section 163 of the Act is amended by adding
the following after subsection (2.901):
Penalty — COVID-19 (2.902) Every eligible entity that is deemed by subsection 125.7(6.1) to have an amount of total current period remuneration for a qualifying period is liable to a penalty equal to 25% of the amount that would be deemed by subsection 125.7(2.2) to have been an overpayment by the eligible entity during that qualifying period if that amount were calculated by reference to the information provided in the application filed pursuant to paragraph (a) of the definition qualifying recovery entity in subsection 125.7(1).
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(4) Subsection (1) is deemed to have come into force on January 1, 2019. 44 (1) Subparagraph 164(1)(a)(ii) of the Act is replaced by the following: (ii) before sending the notice of assessment for the year, where the taxpayer is a qualified corporation (as defined in subsection 125.4(1)), an eligible production corporation (as defined in subsection 125.5(1)) or a qualifying journalism organization (as defined in subsection 125.6(1)) and an amount is deemed under subsection 125.4(3), 125.5(3) or 125.6(2) or (2.1) to have been paid on account of its tax payable under this Part for the year, refund all or part of any amount claimed in the return as an overpayment for the year, not exceeding the total of those amounts so deemed to have been paid, and
(2) Subsection 164(1.6) of the Act is replaced by the following:
COVID-19 refunds (1.6) Notwithstanding subsection (2.01), at any time after the beginning of a taxation year of a taxpayer in which an overpayment is deemed to have arisen under any of subsections 125.7(2) to (2.2), the Minister may refund to the taxpayer all or any part of the overpayment. (3) Subsection (1) is deemed to have come into force on January 1, 2019. 45 Section 168 of the Act is amended by adding
the following after subsection (3): Listed terrorist entities (3.1) Notwithstanding subsections (1), (2) and (4), if a qualified donee is a listed terrorist entity for the purposes of section 149.1, the registration of the qualified donee is revoked as of the date on which it became a listed terrorist entity. 46 (1) The Act is amended by adding the following after section 168:
Designation of Qualified Canadian Journalism Organizations Date of designation 168.1 (1) If an organization is designated for the purpose of the definition qualified Canadian journalism organization in subsection 248(1), the organization is deemed to have become designated on the date that the
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Chapter 23: Budget Implementation Act, 2021, No. 1 PART 1 Amendments to the Income Tax Act and Other Legislation Income Tax Act Sections 46-48
application for designation of the organization was made, unless otherwise specified by the Minister. Revocation of designation (2) The Minister may, at any time, revoke the designation of an organization made for the purpose of the definition qualified Canadian journalism organization in subsection 248(1) and, for that purpose, the Minister shall take into account any recommendations of a body established for the purpose of that definition and referred to in paragraph (b) of that definition. Notice and date of revocation (3) If the designation of an organization is revoked under
subsection (2), (a) the Minister shall provide notice of the revocation
to the organization in writing; and (b) the revocation is deemed to be effective as of the date on which the notice in paragraph (a) is sent, unless the Minister specifies an earlier date. (2) Subsection (1) is deemed to have come into force on January 1, 2019. 47 The portion of subsection 188(1) of the Act before paragraph (a) is replaced by the following:
Deemed year-end on notice of revocation 188 (1) If on a particular day the Minister issues a notice of intention to revoke the registration of a taxpayer as a registered charity under any of subsections 149.1(2) to (4.1) and 168(1), it becomes a listed terrorist entity or it is determined, under subsection 7(1) of the Charities Registration (Security Information) Act, that a certificate served in respect of the charity under subsection 5(1) of that Act is reasonable on the basis of information and evidence available,
48 Subsection 188.2(2) of the Act is amended by striking out “or” at the end of paragraph (d), by adding “or” at the end of paragraph (e) and by adding the following after paragraph (e): (f) in the case of a person that is a registered charity, if a false statement (as defined in subsection 163.2(1)) was made in circumstances amounting to culpable conduct (as defined in subsection 163.2(1)) in the furnishing of information for the purpose of maintaining its registration.
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49 (1) The Act is amended by adding the following after Part X.5:
PART XI
Tax in Respect of Advanced Life Deferred Annuity Definitions 205 (1) The following definitions apply in this section.
ALDA dollar limit, for a calendar year, means (a) for 2020, $150,000; and (b) for each year after 2020, the amount (rounded to the nearest multiple of $10,000, or if that amount is equidistant from two such consecutive multiples, to the higher multiple) that is equal to $150,000 adjusted for each year after 2020 in the manner set out in section 117.1. (plafond de la RVDAA)
cumulative excess amount, of an individual at any particular time in a calendar year, means the amount determined by the formula A−B
where A
is the greater of (a) the total of all amounts each of which is an excess ALDA transfer of the individual at or before the particular time, and (b) the amount determined by the formula C−D
where
B
C
is the total of all amounts each of which is the amount of a transfer at or before the particular time to acquire an advanced life deferred annuity on behalf of the individual, and
D
is the ALDA dollar limit for the calendar year; and
is the total of all amounts each of which is the amount of a refund described in paragraph (g) of the definition advanced life deferred annuity in subsection 146.5(1) made at or before the particular time on behalf of the individual. (excédent cumulatif)
excess ALDA transfer, of an individual, means the portion of the amount of a transfer, made from a transferor plan under any of subsections 146(16) and 146.3(14.1) and paragraphs 147(19)(d), 147.3(1)(c) and 147.5(21)(c)
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to acquire an advanced life deferred annuity on behalf of the individual, determined by the formula A−B
where A
is the amount of the transfer; and
B
is the amount determined by the formula 0.25(C + D) − E
where C
is the total value of the property held for the benefit of the individual under the transferor plan at the end of the calendar year preceding the calendar year in which the transfer is made, other than (a) if the transferor plan is a registered pension plan, property held in connection with (i) a defined benefit provision (as defined in subsection 147.1(1)) of the transferor plan, or (ii) a VPLA fund, as described in subsection 8506(13) of the Income Tax Regulations, (b) if the transferor plan is a pooled registered pension plan, property held in connection with benefits that would be described in paragraph 147.5(5)(a) if the reference in that paragraph to “8506(1)(e.1) or (e.2)” were read as a reference to “8506(1)(e.2)”, (c) if the transferor plan is a registered retirement income fund, contracts for annuities held in connection with the fund other than annuities described in paragraph (b.1) of the definition qualified investment in subsection 146.3(1), and (d) if the transferor plan is a registered retirement savings plan, contracts for annuities held in connection with the plan other than annuities described in paragraph (c.1) of the definition qualified investment in subsection 146(1), D
is the total of all amounts each of which is the amount transferred from the transferor plan, in a calendar year preceding the calendar year in which the transfer is made, to acquire an advanced life deferred annuity on behalf of the individual, and
E
is the total of all amounts each of which is the amount of a previous transfer from the transferor plan to acquire an advanced life deferred
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annuity on behalf of the individual. (excédent de transfert au titre de la RVDAA) Tax payable by individuals (2) If at the end of any month an individual has a cumulative excess amount, the individual shall, in respect of that month, pay a tax under this Part equal to 1% of that cumulative excess amount. Waiver of tax (3) If an individual would, but for this subsection, be required to pay a tax under subsection (2) in respect of a month, the Minister may waive or cancel all or part of the tax if the individual establishes to the satisfaction of the Minister that (a) the cumulative excess amount on which the tax is
based arose as a consequence of reasonable error; and (b) reasonable steps are being taken to eliminate the cumulative excess amount.
Return and payment of tax 206 (1) Every person who is liable to pay tax under this
Part for all or part of a calendar year shall, (a) on or before the person’s filing-due date for the
year, file with the Minister a return for the year under this Part in prescribed form and containing prescribed information, without notice or demand; and (b) on or before the person’s balance-due day for the year, pay to the Receiver General the amount of tax payable under this Part by the person for the year.
Provisions applicable to Part (2) Subsections 150(2) and (3), sections 152 and 158 to 167 and Division J of Part I apply with any modifications that the circumstances require. (2) Subsection (1) is deemed to have come into force on January 1, 2020. 50 (1) The Act is amended by adding the following after Part XI.4:
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PART XI.5
Tax in Respect of Employee Life and Health Trust Definitions 207.9 (1) The following definitions apply in this Part.
participating employer of an employee life and health trust means an employer that provides designated employee benefits for its employees through a trust that meets the conditions described in subsection 144.1(2). (employeur participant) prohibited investment, at any time for an employee life and health trust, means property that is at that time (a) a share of the capital stock of, an interest in or a
debt of (i) a participating employer of the employee life and health trust, or (ii) a person or partnership that does not deal at
arm’s length with a participating employer of the employee life and health trust; or (b) an interest (or, for civil law, a right) in, or a right to acquire, a share, interest or debt described in paragraph (a). (placement interdit)
Tax payable on prohibited investment (2) A trust shall pay a tax under this Part for a calendar
year if, at any time in the year while the trust is an employee life and health trust, (a) the trust acquires property that is a prohibited investment for the trust; or (b) income is received or becomes receivable by the
trust from, or the trust has a taxable capital gain from the disposition of, a prohibited investment for the trust.
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Amount of tax payable (3) The amount of tax payable under subsection (2) is (a) if paragraph (2)(a) applies, 50% of the fair market value of the property at the time it is acquired; and (b) if paragraph (2)(b) applies, 50% of the income or
the taxable capital gain.
Refund (4) If in a calendar year a trust disposes of a property in
respect of which a tax is imposed on the trust under subsection (2), the trust is entitled to a refund for the year of an amount equal to (a) the amount of the tax so imposed, unless paragraph (b) applies; or (b) nil, if (i) it is reasonable to consider that the trustees knew, or ought to have known, at the time the property was acquired that it was, or would become, a property described in subsection (2), or (ii) the property is not disposed of by the trust before the end of the calendar year following the calendar year in which the tax arose, or any later time that the Minister considers reasonable in the circumstances.
Deemed disposition and reacquisition (5) If, at any time, a property held by an employee life and health trust ceases to be, or becomes, a prohibited investment for the employee life and health trust, the employee life and health trust is deemed to have disposed of the property immediately before that time for proceeds of disposition equal to the fair market value of the property at that time and to have reacquired the property at that time at a cost equal to that fair market value. (2) Subsection (1) applies to the 2014 and subsequent taxation years. 51 Section 211.91 of the Act is amended by adding
the following after subsection (2):
COVID-19 – expenses deemed incurred earlier (2.1) If an agreement referred to in subsection 66(12.66)
was made in 2019 or 2020,
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(a) the reference in subsection (2) to “the following
calendar year” is to be read as a reference to “the second following calendar year”; and (b) for the purposes of this section and, where subparagraph (iii) applies, paragraph 66(12.66)(a), Canadian exploration expenses incurred by a corporation in respect of the agreement in a particular month in a calendar year are deemed to have been incurred (i) in January 2020, if the expenses were incurred in 2020 and the agreement was entered into in 2019, (ii) in January 2021, if the expenses were incurred
in 2021 and the agreement was entered into in 2020, and (iii) 12 months earlier, in any other case. 52 (1) Subsection 212(1) of the Act is amended by adding the following after paragraph (l):
Advanced life deferred annuity payment (l.1) a payment of an amount described in paragraph 56(1)(z.5); (2) The portion of subsection 212(2.1) of the Act before paragraph (c) is replaced by the following:
Exempt dividends (2.1) Subsection (2) does not apply to an amount paid or
credited, by a borrower, under a securities lending arrangement or a specified securities lending arrangement if (a) the amount is deemed 260(8)(a)(ii) to be a dividend;
by
subparagraph
(b) either (i) the arrangement is a fully collateralized arrangement, or (ii) the borrower and the lender are dealing at
arm’s length; and (3) Paragraph (d) of the definition fully exempt interest in subsection 212(3) of the Act is replaced by the following: (d) an amount paid or payable or credited under a securities lending arrangement, or a specified securities lending arrangement, that is deemed by subparagraph
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260(8)(a)(i) to be a payment made by a borrower to a lender of interest, if the arrangement is a fully collateralized arrangement, and (i) the following conditions are met: (A) the arrangement was entered into by the
borrower in the course of carrying on a business outside Canada, and (B) the security that is transferred or lent to the
borrower under the arrangement is described in paragraph (b) of the definition qualified security in subsection 260(1) and issued by a non-resident issuer, (ii) the security that is transferred or lent to the
borrower under the arrangement is described in paragraph (c) of the definition qualified security in subsection 260(1), or (iii) the security that is transferred or lent to the
borrower under the arrangement is described in paragraph (a) or (b). (intérêts entièrement exonérés) (4) Subsection (1) is deemed to have come into force on January 1, 2020. (5) Subsections (2) and (3) apply in respect of
amounts paid or payable or credited after March 18, 2019. 53 (1) The portion of paragraph 212.3(1)(b) of the Act before clause (i)(A) is replaced by the following: (b) the CRIC or an other Canadian corporation is immediately after the investment time, or becomes after the investment time and as part of a transaction or event or series of transactions or events that includes the making of the investment, controlled by one nonresident person or, if no single non-resident person controls the CRIC, by a group of non-resident persons not dealing with each other at arm’s length (in this section, that one non-resident person, or each member of the group of non-resident persons, as the case may be, is referred to as a “parent”, and the group of non-resident persons, if any, is referred to as the “group of parents”), and any of the following conditions is satisfied: (i) if, at the investment time, a parent owned all shares of the capital stock of the CRIC and the other Canadian corporation, if applicable, that are owned — determined without reference to paragraph
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(25)(b) in the case of partnerships referred to in this subparagraph and as if all rights referred to in paragraph 251(5)(b), of the parent, each person that does not deal at arm’s length with the parent and all of those partnerships, were immediate and absolute and the parent and each of the other persons and partnerships had exercised those rights at the investment time — by the parent, persons that are not dealing at arm’s length with the parent and partnerships of which the parent or a person that is not dealing at arm’s length with the parent is a member (other than a limited partner within the meaning assigned by subsection 96(2.4)), the parent would own shares of the capital stock of the CRIC or the other Canadian corporation that
(2) Paragraph 212.3(2)(a) of the Act is replaced by
the following: (a) for the purposes of this Part and subject to subsections (3) and (7), the CRIC is deemed to have paid to each parent, and each parent is deemed to have received from the CRIC, at the dividend time, a dividend in an amount determined by the formula A × B/C
where A
is the total of all amounts each of which is the portion of the fair market value at the investment time of any property (not including shares of the capital stock of the CRIC) transferred, any obligation assumed or incurred, or any benefit otherwise conferred, by the CRIC, or of any property transferred to the CRIC which transfer results in the reduction of an amount owing to the CRIC, that can reasonably be considered to relate to the investment,
B
is (i) if there is one parent, one, and (ii) if there is a group of parents, the fair market value at the dividend time of the shares of the capital stock of the CRIC that are held, directly or indirectly, by the parent, and
C
is (i) if there is one parent, one, and (ii) if there is a group of parents, the total of all
amounts each of which is the fair market value at the dividend time of the shares of the capital
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stock of the CRIC that are held, directly or indirectly, by a parent; and
(3) The portion of subsection 212.3(3) of the Act before paragraph (a) is replaced by the following:
Dividend substitution election (3) If a CRIC (or a CRIC and a corporation that is a qualifying substitute corporation in respect of the CRIC at the dividend time) and a parent (or a parent and another non-resident person that at the dividend time is related to the parent) jointly elect in writing under this subsection in respect of an investment, and the election is filed with the Minister on or before the filing-due date of the CRIC for its taxation year that includes the dividend time, then the dividend that would, in the absence of this subsection, be deemed under paragraph (2)(a) to have been paid by the CRIC to the parent and received by the parent from the CRIC is deemed to have instead been
(4) Paragraph 212.3(3)(b) of the Act is replaced by
the following: (b) paid to, and received by, the parent or the other
non-resident person, as agreed on in the election. (5) Paragraphs (a) and (b) of the definition crossborder class in subsection 212.3(4) of the Act are replaced by the following: (a) a parent, or a non-resident person that does not deal at arm’s length with a parent, owns at least one share of the class; and (b) no more than 30% of the issued and outstanding
shares of the class are owned by one or more persons resident in Canada that do not deal at arm’s length with a parent. (catégorie transfrontalière) (6) The portion of the definition dividend time before subparagraph (b)(ii) in subsection 212.3(4) of the Act is replaced by the following:
dividend time, in respect of an investment, means
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(a) if the CRIC is controlled by a parent or group of
parents at the investment time, the investment time; and (b) in any other case, the earlier of (i) the first time, after the investment time, at which the CRIC is controlled by a parent or group of parents, as the case may be, and
(7) Paragraphs (a) to (c) of the definition qualifying substitute corporation in subsection 212.3(4) of the Act are replaced by the following: (a) that is, at that time, controlled by (i) a parent, (ii) a group of parents, or (iii) a non-resident person that does not deal at
arm’s length with a parent; (b) that has, at that time, an equity percentage (as
defined in subsection 95(4)) in the CRIC; and (c) shares of the capital stock of which are, at that time, owned by a parent or another non-resident person with which the parent does not, at that time, deal at arm’s length. (société de substitution admissible) (8) The portion of subsection 212.3(5.1) of the Act
before paragraph (a) is replaced by the following: Sequential investments — paragraph (10)(f) (5.1) In the case of an investment (in this subsection referred to as the “second investment”) in a subject corporation by a CRIC described in paragraph (10)(f), the amount determined for A in paragraph (2)(a) in respect of the second investment is to be reduced by the amount determined for A in paragraph (2)(a) in respect of a prior investment (in this subsection referred to as the “first investment”) in the subject corporation by another corporation resident in Canada if (9) Paragraphs 212.3(5.1)(b) and (c) of the Act are
replaced by the following: (b) immediately after the investment time in respect
of the first investment, the other corporation is not controlled by
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(i) if there is one parent in respect of the CRIC, the parent, and (ii) if there is a group of parents in respect of the CRIC, the group of parents; and (c) the other corporation becomes, after the time that
is immediately after the investment time in respect of the first investment and as part of a transaction or event or series of transactions or events that includes the making of the first investment, controlled by the parent or group of parents, as the case may be, because of the second investment.
(10) The portion of paragraph 212.3(6)(a) of the
Act before subparagraph (i) is replaced by the following: (a) a particular corporation resident in Canada that does not deal at arm’s length with a parent (11) The portion of clause 212.3(6)(a)(ii)(B) of the
Act before subclause (I) is replaced by the following: (B) the increase in paid-up capital in respect of
the particular class can reasonably be considered to be connected to funding provided to the particular corporation or another corporation resident in Canada (other than the corporation that issued the particular class) by a parent or a nonresident person that does not deal at arm’s length with a parent, unless (12) The portion of subparagraph 212.3(7)(a)(i) of
the Act before clause (A) is replaced by the following: (i) the amount determined, without reference to
this subsection, for A in paragraph (2)(a), is reduced by the lesser of (13) The portion of paragraph 212.3(7)(b) of the Act before subparagraph (ii) is replaced by the following: (b) where the amount determined, without reference
to this paragraph, for A in paragraph (2)(a) is equal to or greater than the total of all amounts each of which is an amount of paid-up capital immediately after the dividend time, determined without reference to this paragraph, of a cross-border class in respect of the investment, then
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(i) the amount determined, without reference to this paragraph, for A in paragraph (2)(a) is reduced by the total referred to in this paragraph, and (14) Paragraphs 212.3(7)(c) and (d) of the Act are
replaced by the following: (c) where paragraph (b) does not apply and there is at
least one cross-border class in respect of the investment, (i) the amount determined, without reference to this paragraph, for A in paragraph (2)(a) is reduced to nil, (ii) in computing, at any time after the dividend
time, the paid-up capital in respect of a particular cross-border class in respect of the investment, there is to be deducted the amount, if any, that when added to the total of all amounts that are deducted under this paragraph in computing the paid-up capital of other cross-border classes, results in the greatest total reduction because of this paragraph, immediately after the dividend time, of the paid-up capital in respect of shares of crossborder classes that are owned by a parent or another non-resident person with which a parent does not, at the dividend time, deal at arm’s length, (iii) if the proportion of the shares of a particular class owned, in aggregate, by parents and non-resident persons that do not deal at arm’s length with parents is equal to the proportion so owned of one or more other cross-border classes (in this subparagraph all those classes, together with the particular class, referred to as the “relevant classes”), then the proportion that the reduction under subparagraph (ii) to the paid-up capital in respect of the particular class is of the paid-up capital, determined immediately after the dividend time and without reference to this paragraph, in respect of that class is to be equal to the proportion that the total reduction under subparagraph (ii) to the paid-up capital in respect of all the relevant classes is of the total paid-up capital, determined immediately after the dividend time and without reference to this paragraph, of all the relevant classes, and (iv) the total of all amounts each of which is an
amount to be deducted under subparagraph (ii) in computing the paid-up capital of a cross-border class is to be equal to the amount by which the amount determined for A in paragraph (2)(a) is reduced under subparagraph (i); and
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(d) if the amount determined for A in paragraph (2)(a)
is reduced because of any of subparagraphs (a)(i), (b)(i) and (c)(i), (i) the CRIC shall file with the Minister in prescribed manner a form containing prescribed information and the amounts of the paid-up capital, determined immediately after the dividend time and without reference to this subsection, of each class of shares that is described in paragraph (a) or that is a cross-border class in respect of the investment, the paid-up capital of the shares of each of those classes that are owned by a parent or another non-resident person that does not, at the dividend time, deal at arm’s length with a parent, and the reduction under any of subparagraphs (a)(ii), (b)(ii) and (c)(ii) in respect of each of those classes, and (ii) if the form is not filed on or before the CRIC’s
filing-due date for its taxation year that includes the dividend time, the CRIC is deemed to have paid to each parent, and each parent is deemed to have received from the CRIC, on the filing-due date, a dividend equal to the total of all amounts each of which is the amount of a reduction because of any of subparagraphs (a)(i), (b)(i) and (c)(i) in the amount the CRIC is deemed under paragraph (2)(a) to have paid to the parent.
(15) The portion of paragraph 212.3(11)(c) of the Act before subparagraph (i) is replaced by the following: (c) the CRIC and each parent jointly elect in writing under this paragraph in respect of the amount owing and file the election with the Minister on or before the filing-due date of the CRIC
(16) Paragraphs 212.3(15)(a) and (b) of the Act are
replaced by the following: (a) a CRIC or a taxpayer to which paragraph
128.1(1)(c.3) applies (in this subsection referred to as the “specific corporation”), that would, in the absence of this subsection, be controlled at any time
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(i) by more than one non-resident person, is deemed not to be controlled at that time by any such person that controls at that time another nonresident person that controls at that time the specific corporation, unless the application of this paragraph would otherwise result in no non-resident person controlling the specific corporation, and (ii) by a particular non-resident corporation is deemed not to be controlled at that time by the particular non-resident corporation if the particular non-resident corporation is controlled at that time by another corporation that is at that time (A) resident in Canada, and (B) not controlled by any non-resident person or group of non-resident persons not dealing with each other at arm’s length; and (b) a non-resident person is deemed not to be a member of a particular group of non-resident persons not dealing with each other at arm’s length that controls the specific corporation if (i) the non-resident person would, absent the application of this paragraph, be a member of the particular group, and (ii) the non-resident person is a member of the particular group solely because it controls, or is a member of a group that controls, another member of the particular group.
(17) The portion of paragraph 212.3(16)(a) of the
Act before subparagraph (i) is replaced by the following: (a) the business activities carried on by the subject
corporation and all other corporations (those other corporations in this subsection and subsection (17) referred to as the “subject subsidiary corporations”) in which the subject corporation has, at the investment time, an equity percentage (as defined in subsection 95(4)) are at the investment time, and are expected to remain, on a collective basis, more closely connected to the business activities carried on in Canada by the CRIC, or by any corporation resident in Canada with which the CRIC does not, at the investment time, deal at arm’s length, than to the business activities carried on by any non-resident person with which the CRIC,
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at the investment time, does not deal at arm’s length, other than (18) Clauses 212.3(18)(a)(i)(A) and (B) of the Act
are replaced by the following: (A) each shareholder of the disposing corporation immediately before the investment time is (I) if there is only one parent in respect of the
CRIC, 1 either the CRIC or a corporation resident in Canada that is, immediately before the investment time, related to the parent, and 2 at no time that is in the period during which the series of transactions or events that includes the making of the investment occurs and that is before the investment time, dealing at arm’s length (determined without reference to paragraph 251(5)(b)) with the parent or a non-resident person that participates in the series and is, at any time that is in the period and that is before the investment time, related to the parent, and (II) if there is a group of parents in respect of
the CRIC, 1 either the CRIC or a corporation resident in Canada that is, immediately before the investment time, controlled by the group of parents, and 2 at all times that are in the period during
which the series of transactions or events that includes the making of the investment occurs and that are before the investment time, controlled by the group of parents, or (B) the disposing corporation is (I) if there is only one parent in respect of the CRIC, at no time that is in the period and that is before the investment time, dealing at arm’s length (determined without reference to paragraph 251(5)(b)) with the parent or a non-resident person that participates in the series and is, at any time that is in the period and that is before the investment time, related to the parent, and (II) if there is a group of parents in respect of
the CRIC, at all times that are in the period during which the series of transactions or
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events that includes the making of the investment occurs and that are before the investment time, controlled by the group of parents, or
(19) Subparagraph 212.3(18)(a)(ii) of the Act is replaced by the following: (ii) on an amalgamation described in subsection
87(1) of two or more corporations (each of which is in this subparagraph referred to as a “predecessor corporation”) to form the CRIC if all of the predecessor corporations are, immediately before the amalgamation, related to each other (determined without reference to paragraph 251(5)(b)) and (A) either (I) if there is only one parent in respect of the CRIC, none of the predecessor corporations are, at any time that is in the period during which the series of transactions or events that includes the making of the investment occurs and that is before the investment time, dealing at arm’s length (determined without reference to paragraph 251(5)(b)) with the parent or a non-resident person that participates in the series and is, at any time that is in the period and that is before the investment time, related to the parent, or (II) if there is a group of parents in respect of
the CRIC, all of the predecessor corporations are, at all times that are in the period during which the series of transactions or events that includes the making of the investment occurs and that are before the investment time, controlled by the group of parents, or (B) if the condition in clause (A) is not satisfied in respect of a predecessor corporation, each shareholder of that predecessor immediately before the investment time is (I) if there is only one parent in respect of the CRIC, 1 either the CRIC or a corporation resident in Canada that is, immediately before the investment time, related to the parent, and 2 at no time that is in the period and that
is before the investment time, dealing at arm’s length (determined without
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reference to paragraph 251(5)(b)) with the parent or a non-resident person that participates in the series and is, at any time that is in the period and that is before the investment time, related to the parent, and (II) if there is a group of parents in respect of
the CRIC, 1 either the CRIC or a corporation resident in Canada that is, immediately before the investment time, controlled by the group of parents, and 2 at all times that are in the period during
which the series of transactions or events that includes the making of the investment occurs and that are before the investment time, controlled by the group of parents;
(20) Subparagraphs 212.3(18)(c)(i) and (ii) of the
Act are replaced by the following: (i) from a corporation (in this paragraph referred to as the “disposing corporation”) to which the CRIC is, immediately before the investment time, related (determined without reference to paragraph 251(5)(b)) and (A) each shareholder of the disposing corporation immediately before the investment time is (I) if there is only one parent in respect of the
CRIC, 1 either the CRIC or a corporation resident in Canada that, immediately before the investment time, is related to the parent, and 2 at no time that is in the period during
which the series of transactions or events that includes the making of the investment occurs and that is before the investment time, dealing at arm’s length (determined without reference to paragraph 251(5)(b)) with the parent or a non-resident person that participates in the series and is, at any time that is in the period and that is before the investment time, related to the parent, and (II) if there is a group of parents in respect of the CRIC,
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1 either the CRIC or a corporation resident in Canada that is, immediately before the investment time, controlled by the group of parents, and 2 at all times that are in the period during
which the series of transactions or events that includes the making of the investment occurs and that are before the investment time, controlled by the group of parents, or (B) the disposing corporation is (I) if there is only one parent in respect of the CRIC, at no time that is in the period and that is before the investment time, dealing at arm’s length (determined without reference to paragraph 251(5)(b)) with the parent or a non-resident person that participates in the series and is, at any time that is in the period and that is before the investment time, related to the parent, and (II) if there is a group of parents in respect of
the CRIC, at all times that are in the period during which the series of transactions or events that includes the making of the investment occurs and that are before the investment time, controlled by the group of parents, or (ii) on an amalgamation described in subsection
87(1) of two or more corporations (each of which is in this subparagraph referred to as a “predecessor corporation”) to form the CRIC, or a corporation of which the CRIC is a shareholder, if all of the predecessor corporations are, immediately before the amalgamation, related to each other (determined without reference to paragraph 251(5)(b)) and (A) either (I) if there is only one parent in respect of the CRIC, none of the predecessor corporations are, at any time that is in the period during which the series of transactions or events that includes the making of the investment occurs and that is before the investment time, dealing at arm’s length (determined without reference to paragraph 251(5)(b)) with the parent or a non-resident person that participates in the series and is, at any time that is in the period and that is before the investment time, related to the parent, or (II) if there is a group of parents in respect of
the CRIC, all of the predecessor corporations
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are, at all times that are in the period during which the series of transactions or events that includes the making of the investment occurs and that are before the investment time, controlled by the group of parents, or (B) if the condition in clause (A) is not satisfied in respect of a predecessor corporation, each shareholder of that predecessor immediately before the investment time is (I) if there is only one parent in respect of the CRIC, 1 either the CRIC or a corporation resident in Canada that is, immediately before the investment time, related to the parent, and 2 at no time that is in the period and that
is before the investment time, dealing at arm’s length (determined without reference to paragraph 251(5)(b)) with the parent or a non-resident person that participates in the series and is, at any time that is in the period and that is before the investment time, related to the parent, and (II) if there is a group of parents in respect of the CRIC, 1 either the CRIC or a corporation resident in Canada that is, immediately before the investment time, controlled by the group of parents, and 2 at all times that are in the period during
which the series of transactions or events that includes the making of the investment occurs and that are before the investment time, controlled by the group of parents;
(21) Subsection 212.3(21) of the Act is replaced by the following:
Persons deemed not to be related (21) If it can reasonably be considered that one of the
main purposes of one or more transactions or events is to cause two or more persons to be related to each other, or a person or group of persons to control another person,
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so that, in the absence of this subsection, subsection (2) would not apply because of subsection (18) to an investment in a subject corporation made by a CRIC, those persons are deemed not to be related to each other, or that person or group of persons is deemed not to control that other person, as the case may be, for the purposes of subsection (18).
(22) Section 212.3 of the Act is amended by adding
the following after subsection (25):
Trusts (26) For the purposes of this section, subsection 17.1(1) (as it applies in respect of a pertinent loan or indebtedness as defined in subsection (11)), paragraph 128.1(1)(c.3) and subsection 219.1(2), and for the purpose of paragraph 251(1)(a) as it applies for the purposes of those provisions, (a) in determining, at any time, whether two persons
are related to each other or whether any person is controlled by any other person or group of persons, it shall be assumed that (i) each trust is a corporation having a capital stock
of a single class of voting shares divided into 100 issued shares, and (ii) each beneficiary under a trust owned at that
time the number of issued shares of that class determined by the formula A/B × 100
where A
is the fair market value at that time of the beneficiary’s interest in the trust, and
B
is the total fair market value at that time of all beneficiaries’ interests in the trust;
(b) in determining, at any time, the extent to which any person owns shares of the capital stock of a corporation, if at that time a trust resident in Canada owns (determined without reference to this paragraph) shares of the capital stock of the corporation, each beneficiary of the trust is deemed to own, and the trust is deemed not to own, at that time, the shares of each class of the capital stock of the corporation that are owned (determined without reference to this paragraph) by the trust, the number of which is determined by the formula A × B/C
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where A
is the total number of shares of the class of the capital stock of the corporation that are owned (determined without reference to this paragraph) by the trust at that time,
B
is the fair market value, at that time, of the beneficiary’s interest in the trust, and
C
is the total fair market value, at that time, of all beneficiaries’ interests in the trust; and
(c) if a beneficiary’s share of the income or capital of a
trust depends on the exercise by any person of, or the failure by any person to exercise, any discretionary power, then the amounts determined for A and B in paragraph (a), and for B and C in paragraph (b), in respect of the beneficiary are deemed to be equal to one, unless (i) the trust is resident in Canada, and (ii) it cannot reasonably be considered that one of
the main reasons for the discretionary power is to avoid or limit the application of paragraph 128.1(1)(c.3) or subsection 212.3(2) or 219.1(2).
(23) Subsections (1) to (22) apply in respect of transactions or events that occur after March 18, 2019. 54 (1) Paragraph 219.1(2)(b) of the Act is replaced by the following: (b) the other corporation is controlled, at that time, by
a non-resident person or a group of non-resident persons not dealing with each other at arm’s length; and (2) Subsection (1) applies in respect of transactions or events that occur after March 18, 2019. 55 (1) The portion of subsection 231.2(1) of the
Act before paragraph (a) is replaced by the following: Requirement to provide documents or information 231.2 (1) Notwithstanding any other provision of this
Act, the Minister may, subject to subsection (2), for any
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purpose related to the administration or enforcement of this Act (including the collection of any amount payable under this Act by any person), of a listed international agreement or, for greater certainty, of a tax treaty with another country, by notice sent or served in accordance with subsection (1.1), require that any person provide, within such reasonable time as is stipulated in the notice, (2) Section 231.2 of the Act is amended by adding
the following after subsection (1):
Notice (1.1) A notice referred to in subsection (1) may be (a) served personally; (b) sent by registered or certified mail; or (c) sent electronically to a bank or credit union that
has provided written consent to receive notices under subsection (1) electronically. 56 (1) Subsection 231.6(2) of the Act is replaced by the following:
Requirement to provide foreign-based information (2) Notwithstanding any other provision of this Act, the
Minister may, by notice sent or served in accordance with subsection (3.1), require that a person resident in Canada or a non-resident person carrying on business in Canada provide any foreign-based information or document. (2) Section 231.6 of the Act is amended by adding the following after subsection (3):
Notice (3.1) A notice referred to in subsection (2) may be (a) served personally; (b) sent by registered or certified mail; or (c) sent electronically to a bank or credit union that
has provided written consent to receive notices under subsection (2) electronically. (3) Subsection 231.6(4) of the English version of
the Act is replaced by the following: Review of foreign information requirement (4) The person who is sent or served with a notice of a requirement under subsection (2) may, within 90 days
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after the notice is sent or served, apply to a judge for a review of the requirement. (4) Subsection 231.6(6) of the English version of
the Act is replaced by the following: Unreasonableness (6) For the purposes of paragraph (5)(c), the requirement to provide the information or document shall not be considered to be unreasonable because the information or document is under the control of or available to a non-resident person that is not controlled by the person who is sent or served with the notice of the requirement under subsection (2) if that person is related to the nonresident person. (5) Subsection 231.6(8) of the Act is replaced by
the following: Consequence of failure (8) If a person fails to comply substantially with a notice
sent or served under subsection (2) and if the notice is not set aside by a judge pursuant to subsection (5), any court having jurisdiction in a civil proceeding relating to the administration or enforcement of this Act shall, on motion of the Minister, prohibit the introduction by that person of any foreign-based information or document covered by that notice. 57 Paragraph 231.8(a) of the Act is replaced by the following: (a) where the taxpayer is sent or served with a notice of a requirement under subsection 231.2(1), the period of time between the day on which an application for judicial review in respect of the requirement is made and the day on which the application is finally disposed of; and 58 (1) Paragraphs 241(3.4)(a) and (b) of the Act
are replaced by the following: (a) the names of each organization in respect of which an individual can be entitled to a deduction under subsection 118.02(2); (b) information relating to the eligibility, for the deduction under subsection 118.02(2), of subscriptions offered by organizations referred to in paragraph (a); and (c) the start and, if applicable, end of the period in
which paragraph (a) or (b) applies in respect of any particular organization or subscription.
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(2) Subsection (1) is deemed to have come into force on January 1, 2020. 59 Section 244 of the Act is amended by adding
the following after subsection (6): Proof of electronic delivery (6.1) If, by this Act or a regulation, provision is made for
sending a notice to a person electronically, an affidavit of an officer of the Canada Revenue Agency sworn before a commissioner or other person authorized to take affidavits, shall, in the absence of proof to the contrary, be received as evidence of the sending and of the notice if the affidavit sets out that (a) the officer has knowledge of the facts in the particular case; (b) the notice was sent electronically to the person on
a named day; and (c) the officer identifies as exhibits attached to the affidavit copies of (i) an electronic message confirming the notice has been sent to the person, and (ii) the notice. 60 (1) The portion of subsection 247(2) of the Act after paragraph (b) and before paragraph (c) is replaced by the following:
any amounts (in subsection (2.1) referred to as the “initial amounts”) that would be determined for the purposes of applying the provisions of this Act (if this Act were read without reference to this section and section 245) in respect of the taxpayer or the partnership for a taxation year or fiscal period shall be adjusted (in this section referred to as an “adjustment”) to the quantum or nature of the amounts (in subsection (2.1) referred to as the “adjusted amounts”) that would have been determined if, (2) Section 247 of the Act is amended by adding the following after subsection (2):
Ordering (2.1) For the purpose of applying subsection (2) in the
context of the other provisions of this Act, the following order is to be applied: (a) first determine each of the initial amounts; (b) then make the adjustments, if any, to each of the
initial amounts; and
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(c) then apply each of the provisions of this Act (other
than subsection (2) and, for greater certainty, including section 245) using the adjusted amounts. (3) Subsection 247(8) of the Act is repealed. (4) Subsections (1) to (3) apply to taxation years that begin after March 18, 2019. 61 (1) Subparagraph
(b)(i) of the definition derivative forward agreement in subsection 248(1) of the Act is replaced by the following: (i) revenue, income or cashflow in respect of the property over the term of the agreement, changes in the fair market value of the property over the term of the agreement, or any similar criteria in respect of the property unless (A) the property is (I) a Canadian security (as defined in subsection 39(6)), or (II) an interest in a partnership the fair market value of which is derived, in whole or in part, from a Canadian security, (B) the agreement is an agreement to acquire property from (I) a tax-indifferent investor, or (II) a financial institution (as defined in subsection 142.2(1)), and (C) it can reasonably be considered that one of
the main purposes of the series of transactions or events, or any transaction or event in the series, of which the agreement is part is for all or any portion of the capital gain on a disposition (other than a disposition by the seller to the taxpayer under the agreement) of a Canadian security referred to in clause (A) — as part of the same series of transactions or events — to be attributable to amounts paid or payable on the Canadian security by the issuer of the Canadian security during the term of the agreement as (I) interest, (II) dividends, or
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(III) income of a trust other than income paid
out of the taxable capital gains of the trust,
(2) The portion of subparagraph (a)(v) of the definition qualified Canadian journalism organization in subsection 248(1) of the Act before clause (A) is replaced by the following: (v) it is engaged in the production of original news content, which (3) Subparagraph (a)(vii) of the definition qualified Canadian journalism organization in subsection 248(1) of the Act is amended by adding “or” at the end of clause (A), by replacing “or” at the end of clause (B) with “and” and by repealing clause (C). (4) Paragraph (b) of the definition tax-indifferent investor in subsection 248(1) of the Act is replaced by the following: (b) a non-resident person, other than a person to
which all amounts paid or credited under a derivative forward agreement, a synthetic equity arrangement or a specified synthetic equity arrangement, as the case may be, may reasonably be attributed to the business carried on by the person in Canada through a permanent establishment (as defined in section 8201 of the Income Tax Regulations) in Canada, (5) The definition zero-emission vehicle in subsection 248(1) of the Act is amended by striking out “and” at the end of paragraph (b) and by replacing paragraph (c) with the following: (c) does not meet any of the following conditions: (i) it is a vehicle in respect of which the taxpayer
has, at any time, made an election under subsection 1103(2j) of the Income Tax Regulations, (ii) it is a vehicle in respect of which assistance has been paid by the Government of Canada under a prescribed program, and (iii) if the vehicle was acquired before March 2,
2020, either (A) it has been used, or acquired for use, for any
purpose before it was acquired by the taxpayer, or
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(B) it is a vehicle in respect of which an amount
has been deducted under paragraph 20(1)(a) or subsection 20(16) by another person or partnership, and (d) would be an accelerated investment incentive
property of the taxpayer if subsection 1104(4) of the Income Tax Regulations were read without its exclusions for property included in Class 54 or Class 55 of Schedule II to those Regulations. (véhicule zéro émission)
(6) Subsection 248(1) of the Act is amended by adding the following in alphabetical order:
advanced life deferred annuity has the meaning assigned by subsection 146.5(1); (rente viagère différée à un âge avancé) (7) Subsection 248(1) of the Act is amended by
adding the following in alphabetical order: fully collateralized arrangement means a securities lending arrangement or a specified securities lending arrangement if, throughout the term of the arrangement, the borrower (a) has provided the lender under the arrangement with money in an amount of, or securities described in paragraph (c) of the definition qualified security in subsection 260(1) that have a fair market value of, not less than 95% of the fair market value of the security that is transferred or lent under the arrangement, and (b) is entitled to enjoy, directly or indirectly, the benefits of all or substantially all income derived from, and opportunity for gain in respect of, the money or securities provided; (mécanisme entièrement garanti) specified securities lending arrangement has the same meaning as in subsection 260(1); (mécanisme de prêt de valeurs mobilières déterminé)
(8) Subsection (1) is deemed to have come into force on March 19, 2019. However, it does not apply before 2020 in respect of
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(a) an agreement that is entered into after the
final settlement of another derivative forward agreement (in this paragraph referred to as the “prior agreement”) if (i) having regard to the source of the funds
used to purchase the property to be sold under the agreement, it is reasonable to conclude that the agreement is a continuation of the prior agreement, (ii) the terms of the agreement and the prior agreement are substantially similar, (iii) the final settlement date under the agreement is before 2020, (iv) subsection (1) does not apply to the prior agreement, and (v) the notional amount of the agreement is
at all times less than or equal to the amount determined by the formula (A + B + C + D + E) – (F + G)
where A
is the notional amount of the agreement when it is entered into,
B
is the total of all amounts each of which is an increase in the notional amount of the agreement, at or before that time, that is attributable to the underlying interest,
C
is the amount of the taxpayer’s cash on hand immediately before March 19, 2019 that was committed, before March 19, 2019, to be invested under the agreement,
D
is the total of all amounts each of which is an increase, at or before that time, in the notional amount of the agreement that is attributable to the final settlement of another derivative forward agreement if subsection (1) does not apply to the other agreement,
E
is the lesser of (A) either (I) if the prior agreement was entered into before March 19, 2019, the amount, if any, by which the amount determined under subparagraph (i) of the description of F in paragraph (b) for the prior agreement immediately before it was
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finally settled exceeds the total determined under subparagraph (ii) of the description of F in paragraph (b) for the prior agreement immediately before it was finally settled, or (II) in any other case, the amount, if
any, by which the amount determined under this clause for the prior agreement immediately before it was finally settled exceeds the total determined under clause (B) for the prior agreement immediately before it was finally settled, and (B) the total of all amounts each of which is an increase in the notional amount of the agreement before 2020 that is not otherwise described in this formula, F
is the total of all amounts each of which is a decrease in the notional amount of the agreement, at or before that time, that is attributable to the underlying interest, and
G
is the total of all amounts each of which is the amount of a partial settlement of the agreement, at or before that time, to the extent that it is not reinvested in the agreement; or
(b) an agreement that is entered into before
March 19, 2019, unless at any time on or after March 19, 2019, the notional amount of the agreement exceeds the amount determined by the formula (A + B + C + D + E + F) – (G + H)
where A
is the notional amount of the agreement immediately before March 19, 2019,
B
is the total of all amounts each of which is an increase in the notional amount of the agreement, on or after March 19, 2019 and at or before that time, that is attributable to the underlying interest,
C
is the amount of the taxpayer’s cash on hand immediately before March 19, 2019 that was committed, before March 19, 2019, to be invested under the agreement,
D
is the amount, if any, of an increase, on or after March 19, 2019 and at or before that time, in the notional amount of the agreement as a consequence of the exercise of an
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over-allotment March 19, 2019,
option
granted
before
E
is the total of all amounts each of which is an increase, on or after March 19, 2019 and at or before that time, in the notional amount of the agreement that is attributable to the final settlement of another derivative forward agreement if subsection (1) does not apply to the other agreement,
F
is the lesser of (i) 5% of the notional amount of the
agreement immediately before March 19, 2019, and (ii) the total of all amounts each of which
is an increase in the notional amount of the agreement on or after March 19, 2019 and before 2020 that is not otherwise described in this formula, G
is the total of all amounts each of which is a decrease in the notional amount of the agreement, on or after March 19, 2019 and at or before that time, that is attributable to the underlying interest, and
H
is the total of all amounts each of which is the amount of a partial settlement of the agreement, on or after March 19, 2019 and at or before that time, to the extent that it is not reinvested in the agreement.
(9) For the purposes of subsection (8), the notional amount of a derivative forward agreement at any time is the fair market value at that time of the property that would be acquired under the agreement if the agreement were finally settled at that time. (10) Subsections (2) and (3) are deemed to have come into force on January 1, 2019. (11) Subsections (4) and (7) are deemed to have
come into force on March 19, 2019. (12) Subsection (5) is deemed to have come into force on March 2, 2020. (13) Subsection (6) is deemed to have come into force on January 1, 2020.
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62 (1) Paragraph 250(1)(f) of the Act is replaced
by the following: (f) was at any time in the year a child of, and dependent for support on, an individual to whom paragraph (b), (c), (d) or (d.1) applies and the person’s income for the year did not exceed the amount determined for F in subsection 118(1.1) for the year; or (2) Subsection (1) applies to the 2020 and subsequent taxation years. 63 (1) Subsection 252(3) of the Act is replaced by the following:
Extended meaning of spouse and former spouse (3) For the purposes of paragraph 56(1)(b), section 56.1,
paragraphs 60(b) and (j), section 60.1, subsections 70(6) and (6.1), 73(1) and (5) and 104(4) and (5.1), the definition pre-1972 spousal trust in subsection 108(1), subsection 146(16), the definition survivor in subsection 146.2(1), subparagraph 146.3(2)(f)(iv), subsection 146.3(14), section 146.5, subsections 147(19) and 147.3(5) and (7), section 147.5, subsections 148(8.1) and (8.2), the definition qualifying transfer in subsection 207.01(1), and subsections 210(1) and 248(22) and (23), spouse and former spouse of a particular individual include another individual who is a party to a void or voidable marriage with the particular individual. (2) Subsection (1) is deemed to have come into force on January 1, 2020. 64 (1) Section 260 of the Act is amended by
adding the following after subsection (1.1):
References — borrower and lender (1.2) For the purposes of subsections (8), (8.1), (8.2), (8.3) and (9.1) and 212(2.1) and (3), in respect of a specified securities lending arrangement, (a) a reference to a borrower includes a transferee;
and (b) a reference to a lender includes a transferor. (2) Subsection 260(8) of the Act is replaced by the
following: Non-resident withholding tax (8) For the purpose of Part XIII, any amount paid or credited under a securities lending arrangement or a
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specified securities lending arrangement by or on behalf of the borrower to the lender (a) as an SLA compensation payment in respect of a
security that is not a qualified trust unit is, subject to paragraph (c), deemed (i) to the extent of the amount of the interest paid in respect of the security, to be a payment made by the borrower to the lender of interest, and (ii) to the extent of the amount of the dividend paid
in respect of the security, to be a payment made by the borrower, as a corporation, to the lender of a dividend payable on the security; (b) as an SLA compensation payment in respect of a
security that is a qualified trust unit, is deemed, to the extent of the amount of the underlying payment to which the SLA compensation payment relates, to be an amount paid by the trust and having the same character and composition as the underlying payment; (c) as an SLA compensation payment is deemed to be a payment of interest made by the borrower to the lender, if (i) the security that is transferred or lent to the borrower under the arrangement is a share of a class of the capital stock of a non-resident corporation, (ii) the borrower and the lender are not dealing at
arm’s length, and (iii) the arrangement is not a fully collateralized arrangement; and (d) as, on account of, in lieu of payment of or in satisfaction of, a fee for the use of the security is deemed to be a payment of interest made by the borrower to the lender.
(3) The portion of subsection 260(8.1) of the Act before paragraph (a) is replaced by the following:
Deemed fee for borrowed security (8.1) For the purpose of paragraph (8)(d), if under a securities lending arrangement or a specified securities lending arrangement the borrower has at any time provided the lender with money, either as collateral or consideration for the security, and the borrower does not, under the arrangement, pay or credit a reasonable
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amount to the lender as, on account of, in lieu of payment of or in satisfaction of, a fee for the use of the security, the borrower is deemed to have, at the time that an identical or substantially identical security is or can reasonably be expected to be transferred or returned to the lender, paid to the lender under the arrangement an amount as a fee for the use of the security equal to the amount, if any, by which (4) Subsection 260(8.2) of the Act is replaced by
the following: Effect for tax treaties — interest (8.2) In applying subparagraph (8)(a)(i), if a securities
lending arrangement or specified securities lending arrangement is a fully collateralized arrangement, any SLA compensation payment deemed to be a payment made by the borrower to the lender of interest is deemed for the purposes of any tax treaty to be payable on the security.
Effect for tax treaties — dividend (8.3) In applying subparagraph (8)(a)(ii), if the security is a share of a class of the capital stock of a corporation resident in Canada (in this subsection referred to as the “Canadian share”), for the purposes of determining the rate of tax that Canada may impose on a dividend because of the dividend article of a tax treaty, (a) any SLA compensation payment deemed to be a
payment made by the borrower to the lender of a dividend is deemed to be paid by the issuer of the Canadian share and not by the borrower; (b) the lender is deemed to be the beneficial owner of
the Canadian share; and (c) the shares of the capital stock of the issuer owned
by the lender are deemed to give it less than 10% of the votes that could be cast at an annual meeting of the shareholders of the issuer and have less than 10% of the fair market value of all of the issued and outstanding shares of the capital stock of the issuer, if (i) the securities lending arrangement or the specified securities lending arrangement is not a fully collateralized arrangement, and (ii) the borrower and the lender are not dealing at
arm’s length.
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(5) Subsection 260(9.1) of the Act is replaced by
the following: Non-arm’s length compensation payment (9.1) For the purpose of Part XIII, if the lender under a securities lending arrangement or a specified securities lending arrangement is not dealing at arm’s length with either the borrower under the arrangement or the issuer of the security that is transferred or lent under the arrangement, or both, and subsection (8) deems an amount to be a payment of interest by a person to the lender, the lender is deemed, in respect of that payment, not to be dealing at arm’s length with that person. (6) Subsection (1) is deemed to have come into force on March 19, 2019. (7) Subsections (2) to (5) apply in respect of
amounts paid or credited as SLA compensation payments after March 18, 2019. However, subsections (2) to (5) do not apply in respect of amounts paid or credited as SLA compensation payments after March 18, 2019 and before October 2019, if they are pursuant to a written arrangement entered into before March 19, 2019.
R.S., c. E-15
Excise Tax Act 65 Subsection 99(1) of the Excise Tax Act is replaced by the following:
Provision of documents may be required 99 (1) Subject to section 102.1, the Minister may, for any
purpose related to the administration or enforcement of this Act, or of a listed international agreement, by a notice served or sent in accordance with subsection (1.1), require that any person provide any book, record, writing or other document or any information or further information within any reasonable time that may be stipulated in the notice. Notice (1.1) A notice referred to in subsection (1) may be (a) served personally; (b) sent by registered or certified mail; or (c) sent electronically to a bank or credit union (as
defined in subsection 123(1)) that has provided
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written consent to receive notices under subsection (1) electronically. 66 (1) Subsection 102.1(1) of the Act is replaced by the following:
Unnamed persons 102.1 (1) The Minister shall not serve or send a notice
under subsection 99(1) with respect to an unnamed person or a group of unnamed persons unless the Minister has been authorized to do so under subsection (2).
(2) The portion of subsection 102.1(2) of the Act
before paragraph (a) is replaced by the following: Authorization order (2) A judge of the Federal Court may, on application by the Minister and subject to any conditions that the judge considers appropriate, authorize the Minister to serve or send a notice under subsection 99(1) with respect to an unnamed person or a group of unnamed persons if the judge is satisfied by information on oath that (3) Paragraph 102.1(2)(b) of the Act is replaced by
the following: (b) the notice would be served or sent in order to verify compliance by the person or group with any duty or obligation of that person or of persons in that group under this Act. 67 Section 105 of the Act is amended by adding
the following after subsection (2): Proof of electronic delivery (2.1) If, under this Act or a regulation made under this
Act, provision is made for sending a notice to a person electronically, an affidavit of an officer of the Agency, sworn before a commissioner or other person authorized to take affidavits, is evidence of the sending and of the notice if the affidavit sets out that (a) the officer has knowledge of the facts in the particular case; (b) the notice was sent electronically to the person on a named day; and (c) the officer identifies as exhibits annexed to the affidavit copies of
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(i) an electronic message confirming that the notice has been sent to the person, and (ii) the notice. 68 (1) The portion of subsection 289(1) of the Act
before paragraph (a) is replaced by the following: Requirement to provide documents or information 289 (1) Despite any other provision of this Part, the
Minister may, subject to subsection (2), for any purpose related to the administration or enforcement of a listed international agreement or this Part, including the collection of any amount payable or remittable under this Part by any person, by a notice served or sent in accordance with subsection (1.1), require that any person provide the Minister, within any reasonable time that is stipulated in the notice, with (2) Section 289 of the Act is amended by adding
the following after subsection (1): Notice (1.1) A notice referred to in subsection (1) may be (a) served personally; (b) sent by registered or certified mail; or (c) sent electronically to a bank or credit union that
has provided written consent to receive notices under subsection (1) electronically. 69 Paragraph 289.2(a) of the Act is replaced by
the following: (a) if the person is served or sent a notice of a requirement under subsection 289(1), the period of time between the day on which an application for judicial review in respect of the requirement is made and the day on which the application is finally disposed of; and 70 (1) Subsection 292(2) of the Act is replaced by
the following: Requirement to provide foreign-based information (2) Despite any other provision of this Part, the Minister
may, by a notice served or sent in accordance with subsection (3.1), require a person resident in Canada or a non-resident person that carries on business in Canada to provide any foreign-based information or document.
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(2) Section 292 of the Act is amended by adding
the following after subsection (3): Notice (3.1) A notice referred to in subsection (2) may be (a) served personally; (b) sent by registered or certified mail; or (c) sent electronically to a bank or credit union that
has provided written consent to receive notices under subsection (2) electronically. (3) Subsection 292(4) of the English version of the
Act is replaced by the following: Review of foreign information requirement (4) If a person is served or sent a notice of a requirement under subsection (2), the person may, within 90 days after the day on which the notice is served or sent, apply to a judge for a review of the requirement. (4) Subsection 292(6) of the English version of the Act is replaced by the following:
Requirement not unreasonable (6) For the purposes of subsection (5), a requirement to
provide information or a document shall not be considered to be unreasonable because the information or document is under the control of or available to a non-resident person that is not controlled by the person on which the notice of the requirement under subsection (2) is served, or to which that notice is sent, if that person is related to the non-resident person. (5) Subsection 292(8) of the English version of the Act is replaced by the following:
Consequence of failure (8) If a person fails to comply substantially with a notice served or sent under subsection (2) and if the notice is not set aside under subsection (5), any court having jurisdiction in a civil proceeding relating to the administration or enforcement of this Part shall, on motion of the Minister, prohibit the introduction by that person of any foreign-based information or document covered by that notice. 71 Section 335 of the Act is amended by adding
the following after subsection (2):
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Proof of electronic delivery (2.1) If, under this Part or a regulation made under this
Part, provision is made for sending a notice to a person electronically, an affidavit of an officer of the Canada Revenue Agency, sworn before a commissioner or other person authorized to take affidavits, is evidence of the sending and of the notice if the affidavit sets out that (a) the officer has knowledge of the facts in the particular case; (b) the notice was sent electronically to the person on a named day; and (c) the officer identifies as exhibits attached to the affidavit copies of (i) an electronic message confirming that the notice has been sent to the person, and (ii) the notice.
2002, c. 9, s. 5
Air Travellers Security Charge Act 72 (1) Subsection 38(1) of the Air Travellers Security Charge Act is replaced by the following:
Requirement to provide information 38 (1) Despite any other provision of this Act, the Minister may, by a notice served or sent in accordance with subsection (2.1), require a person resident in Canada or a person that is not resident in Canada but that carries on business in Canada to provide any information or record. (2) Section 38 of the Act is amended by adding the following after subsection (2):
Notice (2.1) A notice referred to in subsection (1) may be (a) served personally; (b) sent by registered or certified mail; or (c) sent electronically to a bank or credit union (as
defined in subsection 123(1) of the Excise Tax Act) that has provided written consent to receive notices under subsection (1) electronically.
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(3) Subsection 38(3) of the English version of the
Act is replaced by the following: Review of information requirement (3) If a person is served or sent a notice of a requirement under subsection (1), the person may, within 90 days after the day on which the notice is served or sent, apply to a judge for a review of the requirement. (4) Subsection 38(5) of the Act is replaced by the
following: Requirement not unreasonable (5) For the purposes of subsection (4), a requirement to
provide information or a record shall not be considered to be unreasonable solely because the information or record is under the control of or available to a person that is not resident in Canada, if that person is related, for the purposes of the Income Tax Act, to the person on which the notice of the requirement is served or to which that notice is sent. (5) Subsection 38(7) of the English version of the
Act is replaced by the following: Consequence of failure (7) If a person fails to comply substantially with a notice served or sent under subsection (1) and the notice is not set aside under subsection (4), any court having jurisdiction in a civil proceeding relating to the administration or enforcement of this Act shall, on the motion of the Minister, prohibit the introduction by that person of any information or record described in that notice. 73 Section 83 of the Act is amended by adding the
following after subsection (2): Proof of electronic delivery (2.1) If, under this Act, provision is made for sending a
notice to a person electronically, an affidavit of an officer of the Agency, sworn before a commissioner or other person authorized to take affidavits, is evidence of the sending and of the notice if the affidavit sets out that (a) the officer has knowledge of the facts in the particular case; (b) the notice was sent electronically to the person on a named day; and (c) the officer identifies as exhibits attached to the affidavit copies of (i) an electronic message confirming that the notice
has been sent to the person, and
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(ii) the notice. 2002, c. 22
Excise Act, 2001 74 (1) The portion of subsection 208(1) of the Excise Act, 2001 before paragraph (a) is replaced by the following:
Requirement to provide records or information 208 (1) Despite any other provision of this Act, the Minister may, subject to subsection (2), for any purpose related to the administration or enforcement of a listed international agreement or of this Act, by a notice served or sent in accordance with subsection (1.1), require any person to provide the Minister, within any reasonable time that is stipulated in the notice, with (2) Section 208 of the Act is amended by adding
the following after subsection (1): Notice (1.1) A notice referred to in subsection (1) may be (a) served personally; (b) sent by registered or certified mail; or (c) sent electronically to a bank or credit union, as those terms are defined in subsection 123(1) of the Excise Tax Act, that has provided written consent to receive notices under subsection (1) electronically.
75 Paragraph 209.1(a) of the Act is replaced by the following: (a) if the person is served or sent a notice of a requirement under subsection 208(1), the period of time between the day on which an application for judicial review in respect of the requirement is made and the day on which the application is finally disposed of; and 76 (1) Subsection 210(2) of the Act is replaced by
the following: Requirement to provide foreign-based information (2) Despite any other provision of this Act, the Minister may, by a notice served or sent in accordance with subsection (3.1), require a person resident in Canada or a non-resident person that carries on business in Canada to provide any foreign-based information or record.
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(2) Section 210 of the Act is amended by adding
the following after subsection (3): Notice (3.1) A notice referred to in subsection (2) may be (a) served personally; (b) sent by registered or certified mail; or (c) sent electronically to a bank or credit union, as
those terms are defined in subsection 123(1) of the Excise Tax Act, that has provided written consent to receive notices under subsection (2) electronically. (3) Subsection 210(4) of the English version of the Act is replaced by the following:
Review of foreign information requirement (4) If a person is served or sent a notice of a requirement under subsection (2), the person may, within 90 days after the day on which the notice is served or sent, apply to a judge for a review of the requirement. (4) Subsection 210(6) of the English version of the
Act is replaced by the following: Requirement not unreasonable (6) For the purposes of subsection (5), a requirement to provide information or a record shall not be considered to be unreasonable because the information or record is under the control of or available to a non-resident person that is not controlled by the person on which the notice of the requirement is served, or to which that notice is sent, if that person is related to the non-resident person. (5) Subsection 210(8) of the English version of the
Act is replaced by the following: Consequence of failure (8) If a person fails to comply substantially with a notice served or sent under subsection (2) and the notice is not set aside under subsection (5), any court having jurisdiction in a civil proceeding relating to the administration or enforcement of this Act shall, on the motion of the Minister, prohibit the introduction by that person of any foreign-based information or record described in that notice. 77 Section 301 of the Act is amended by adding
the following after subsection (2):
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Proof of electronic delivery (2.1) If, under this Act, provision is made for sending a notice to a person electronically, an affidavit of an officer of the Agency, sworn before a commissioner or other person authorized to take affidavits, is evidence of the sending and of the notice if the affidavit sets out that (a) the officer has knowledge of the facts in the particular case; (b) the notice was sent electronically to the person on
a named day; and (c) the officer identifies as exhibits attached to the affidavit copies of (i) an electronic message confirming that the notice has been sent to the person, and (ii) the notice. 2018, c. 12, s. 186
Greenhouse Gas Pollution Pricing Act 78 Subsection 106(1) of the Greenhouse Gas Pollution Pricing Act is replaced by the following:
Requirement to provide information or record 106 (1) Despite any other provision of this Part, the
Minister may, subject to subsection (2), for any purpose related to the administration or enforcement of this Part, by a notice served or sent in accordance with subsection (1.1), require a person resident in Canada or a person that is not resident in Canada but that is engaged in activities in Canada to provide any information or record.
Notice (1.1) A notice referred to in subsection (1) may be (a) served personally; (b) sent by confirmed delivery service; or (c) sent electronically to a bank or credit union (as
defined in subsection 123(1) of the Excise Tax Act) that has provided written consent to receive notices under subsection (1) electronically. 79 (1) Subsection 144(2) of the Act is replaced by
the following:
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Requirement to provide foreign-based information (2) Despite any other provision of this Part, the Minister
may, by a notice served or sent in accordance with subsection (3.1), require a person resident in Canada or a non-resident person that carries on business in Canada to provide any foreign-based information or record. (2) Section 144 of the Act is amended by adding the following after subsection (3):
Notice (3.1) A notice referred to in subsection (2) may be (a) served personally; (b) sent by confirmed delivery service; or (c) sent electronically to a bank or credit union (as defined in subsection 123(1) of the Excise Tax Act) that has provided written consent to receive notices under subsection (2) electronically. (3) Subsection 144(4) of the English version of the Act is replaced by the following:
Review of foreign information requirement (4) If a person is served or sent a notice of a requirement
under subsection (2), the person may, within 90 days after the day on which the notice was served or sent, apply to a judge for a review of the requirement. (4) Subsection 144(6) of the English version of the Act is replaced by the following:
Related person (6) For the purposes of subsection (5), a requirement to
provide information or a record is not to be considered to be unreasonable because the information or record is under the control of, or available to, a non-resident person that is not controlled by the person on which the notice of the requirement under subsection (2) is served, or to which that notice is sent, if that person is related, within the meaning of section 6 of the Excise Act, 2001, to the non-resident person. (5) Subsection 144(8) of the English version of the
Act is replaced by the following: Consequence of failure (8) If a person fails to comply substantially with a notice served or sent under subsection (2) and if the notice is not set aside under subsection (5), any court having
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jurisdiction in a civil proceeding relating to the administration or enforcement of this Part must, on motion of the Minister, prohibit the introduction by that person of any foreign-based information or record covered by that notice. 80 Section 164 of the Act is amended by adding the following after subsection (2):
Proof of electronic delivery (2.1) If, under this Part, provision is made for sending a notice to a person electronically, an affidavit of an officer of the Canada Revenue Agency, sworn before a commissioner or other person authorized to take affidavits, is evidence of the sending and of the notice if the affidavit sets out that (a) the officer has knowledge of the facts in the particular case; (b) the notice was sent electronically to the person on
a named day; and (c) the officer identifies as exhibits attached to the affidavit copies of (i) an electronic message confirming that the notice
has been sent to the person, and (ii) the notice. C.R.C., c. 945
Income Tax Regulations 81 (1) The definition remuneration in subsection
100(1) of the Income Tax Regulations is amended by striking out “or” at the end of paragraph (n), by adding “or” at the end of paragraph (o) and by adding the following after paragraph (o): (p) an amount that is required by paragraph 56(1)(z.5)
of the Act to be included in computing a taxpayer’s income; (rémunération) (2) Subsection (1) is deemed to have come into
force on January 1, 2020. 82 (1) Subparagraph (b)(i) of the description of B in subsection 103.1(2) of the Regulations is replaced by the following: (i) the amount determined for F in subsection 118(1.1) of the Act for the taxation year, and
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(2) Subsection (1) applies to the 2020 and subsequent taxation years. 83 (1) The Regulations are amended by adding the following after section 215:
Advanced Life Deferred Annuity 216 (1) In this section, designated entity means (a) an administrator of a registered pension plan; (b) an administrator of a pooled registered pension
plan; (c) an issuer of a registered retirement savings plan; (d) a carrier of a registered retirement income fund;
and (e) a trustee of a deferred profit sharing plan.
(2) A designated entity that transfers an amount to acquire an advanced life deferred annuity for an individual shall make an information return in prescribed form in respect of the year in which the transfer was made.
(3) A licensed annuities provider shall make an information return in prescribed form in respect of a year in which (a) a payment is made that is required by section 146.5
of the Act to be included in computing the income of a taxpayer; or (b) a refund described in paragraph (g) of the definition advanced life deferred annuity in subsection 146.5(1) of the Act was received by a taxpayer. (2) Subsection (1) is deemed to have come into
force on January 1, 2020. 84 (1) Paragraph 1100(1)(a) of the Regulations is
amended by striking out “and” at the end of subparagraph (xl), by adding “and” at the end of subparagraph (xli) and by adding the following after subparagraph (xli): (xlii) of Class 56, 30 per cent,
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(2) The portion of the description of A in subsection 1100(2) of the Regulations before subparagraph (a)(i) is replaced by the following: A
is, in respect of property of the class that became available for use by the taxpayer in the taxation year and that is accelerated investment incentive property or property included in any of Classes 54 to 56, (a) if the property is not included in paragraph (1)(v) or in any of Classes 12, 13, 14, 15, 43.1, 43.2, 53, 54, 55 and 56 or in Class 43 in the circumstances described in paragraph (d),
(3) Subparagraphs (c)(ii) and (iii) of the description of A in subsection 1100(2) of the Regulations are replaced by the following: (ii) 1/2, for property that became available for use by the taxpayer in 2024 or 2025, and (iii) 1/10, for property that became available for use
by the taxpayer after 2025, (4) Subparagraph (d)(iii) of the description of A
in subsection 1100(2) of the Regulations is replaced by the following: (iii) 5/6, for property included in Class 43 that became available for use by the taxpayer after 2025, and (iv) 1/10, for property included in Class 53 that became available for use by the taxpayer after 2025,
(5) The portion of paragraph (e) of the description of A in subsection 1100(2) of the Regulations before subparagraph (i) is replaced by the following: (e) if the class is Class 54 or Class 56, (6) The description of D in subsection 1100(2) of the Regulations is replaced by the following: D
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is the total of all amounts, if any, each of which is an amount included in the description of A in the definition undepreciated capital cost in subsection 13(21) of the Act in respect of property of the class that became available for use by the taxpayer in the taxation year and that is accelerated investment incentive property or property included in any of Classes 54 to 56, and
Chapter 23: Budget Implementation Act, 2021, No. 1 PART 1 Amendments to the Income Tax Act and Other Legislation Income Tax Regulations Section 84
(7) Subparagraph (b)(ii) of the description of F in subsection 1100(2) of the Regulations is replaced by the following: (ii) property included in any of Classes 13, 14, 15, 23, 24, 27, 29, 34, 52 and 54 to 56, (8) Subsection 1100(2.02) of the Regulations is replaced by the following:
Expenditures excluded from element D (2.02) For the purposes of subsection (2), in respect of property of a class in Schedule II that is accelerated investment incentive property of a taxpayer solely because of subparagraph 1104(4)(b)(i), (a) amounts incurred by any person or partnership in
respect of the property are not to be included in determining the amount for D in subsection (2) in respect of the class (i) if the amounts are incurred before November 21,
2018, unless (A) the property was acquired after November 20, 2018 by a person or partnership from another person or partnership (referred to in this subparagraph as the “transferee” and the “transferor”, respectively), (B) the transferee was either (I) the taxpayer, or (II) a person or partnership that does not deal
at arm’s length with the taxpayer, and (C) the transferor (I) dealt at arm’s length with the transferee, and (II) held the property as inventory, and (ii) if the amounts are incurred after November 20, 2018 and amounts are deemed to have been deducted under paragraph 20(1)(a) or subsection 20(16), in respect of those amounts incurred, under paragraph 1104(4.1)(b); and (b) any amount excluded from the amount determined for D in subsection (2) in respect of the class because of paragraph (a) is to be included in determining the amount for F in subsection (2) in respect of the class, unless no amount in respect of the property would be so included if the property were not accelerated investment incentive property of the taxpayer.
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(9) Subsections (1), (2) and (5) to (7) are deemed
to have come into force on March 2, 2020. (10) Subsections (3), (4) and (8) apply in respect
of property acquired after November 20, 2018. 85 (1) Subsection 1102(14.13) of the Regulations is
replaced by the following: (14.13) Subsection (14) does not apply to an acquisition of property by a taxpayer from a person in respect of which the property was included in any of Classes 54 to 56. (2) Subsection 1102(20.1) of the Regulations is replaced by the following: (20.1) For the purposes of subsections 1100(2.02) and
1104(4), a particular person or partnership and another person or partnership shall be considered not to be dealing at arm’s length with each other in respect of the acquisition or ownership of a property if, in the absence of this subsection, they would be considered to be dealing at arm’s length with each other and it may reasonably be considered that the principal purpose of any transaction or event, or a series of transactions or events, is to cause (a) the property to qualify as accelerated investment incentive property; or (b) the particular person or partnership and the other
person or partnership to satisfy the condition in subclause 1100(2.02)(a)(i)(C)(I).
(3) Subsection (1) is deemed to have come into force on March 2, 2020. (4) Subsection (2) applies in respect of property
acquired after July 30, 2019. 86 (1) Subsection 1103(2j) of the Regulations is
replaced by the following: (2j) A taxpayer may, in its return of income filed with the
Minister on or before its filing-due date for the taxation year in which a property is acquired, elect not to include the property in any of Classes 54 to 56 in Schedule II, as the case may be.
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(2) Subsection (1) is deemed to have come into force on March 2, 2020. 87 (1) The portion of subsection 1104(4) of the
Regulations before paragraph (a) is replaced by the following: (4) For the purposes of this Part and Schedules II to VI,
accelerated investment incentive property means property of a taxpayer (other than property included in any of Classes 54 to 56) that (2) Subparagraph 1104(4)(b)(i) of the Regulations is replaced by the following: (i) the property is not a property in respect of
which an amount has been deducted under paragraph 20(1)(a) or subsection 20(16) of the Act by any person or partnership for a taxation year ending before the time the property was acquired by the taxpayer, or (3) Section 1104 of the Regulations is amended by adding the following after subsection (4):
Deemed separate properties (4.1) For the purpose of subparagraph (4)(b)(i), if the
capital cost to a taxpayer of a depreciable property (referred to in this subsection as the “single property”) includes amounts incurred at different times, then amounts deducted under paragraph 20(1)(a) or subsection 20(16) of the Act in respect of the single property are deemed to have been deducted in respect of a separate property that is not part of the single property to the extent the deducted amounts can reasonably be considered to be in respect of amounts (a) incurred before November 21, 2018; or (b) incurred after November 20, 2018, if any portion of the single property is considered to have become available for use before the time the single property is first used for the purpose of earning income.
(4) Subsection (1) is deemed to have come into force on March 2, 2020. (5) Subsections (2) and (3) apply in respect of
property acquired after November 20, 2018.
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Chapter 23: Budget Implementation Act, 2021, No. 1 PART 1 Amendments to the Income Tax Act and Other Legislation Income Tax Regulations Sections 88-89
88 (1) Subparagraph 8502(e)(i) of the Regulations
is amended by striking out “and” at the end of clause (A) and by adding the following after clause (B): (C) in the case of benefits provided under a
money purchase provision in accordance with paragraph 8506(1)(e.2), the benefits may begin to be paid not later than the later of (I) the end of the calendar year in which the
member attains 71 years of age, and (II) the end of the calendar year in which a
transfer was made from the member’s account to acquire rights under the VPLA fund, and (2) Subsection (1) is deemed to have come into
force on January 1, 2020. 89 (1) The portion of clause 8503(3)(a)(v)(A) of the Regulations before subclause (I) is replaced by the following: (A) unless the provision is a provision of an individual pension plan, (2) The portion of subparagraph 8503(3)(a)(v.1) of
the Regulations before clause (A) is replaced by the following: (v.1) unless the provision is a provision of an individual pension plan, a portion — determined by reference to the proportion of property that has been transferred, as described in clause (B) — of a period in respect of which (3) Subparagraph 8503(3)(a)(vi) of the Regulations is replaced by the following: (vi) unless the provision is a provision of an individual pension plan, a period throughout which the member was employed in Canada by a former employer where the period was an eligibility period for the participation of the member in another registered pension plan, and (4) Subsections (1) to (3) are deemed to have
come into force on March 19, 2019. However, subsections (1) to (3) do not apply to a period that was pensionable service (as defined in subsection 8500(1) of the Regulations) in respect of a member under a defined benefit provision of an individual pension plan before March 19, 2019.
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90 (1) The portion of paragraph 8506(1)(e.1) of
the Regulations before subparagraph (i) is replaced by the following: Variable benefits (e.1) retirement benefits (in this paragraph referred
to as “variable benefits”), other than benefits permissible under any of paragraphs (a) to (e) and (e.2), provided to a member and, after the death of the member, to one or more beneficiaries of the member if (2) Subsection 8506(1) of the Regulations is amended by adding the following after paragraph (e.1):
Variable Payment Life Annuity (e.2) retirement benefits (referred to in this paragraph as “VPLA benefits”), other than benefits permissible under any of paragraphs (a) to (e.1), provided to a member and, after the death of the member, to one or more beneficiaries of the member if (i) the VPLA benefits are paid from a VPLA fund, (ii) the VPLA benefits are provided to the member
(or, after the death of the member, to one or more beneficiaries of the member) because of a transfer of one or more amounts from the member’s account to the VPLA fund, (iii) each VPLA benefit is any of the following: (A) a retirement benefit described in any of paragraphs (b) to (e), (g) and (i), (B) in the case of the wind-up of the VPLA fund, a payment described in paragraph (h), and (C) a retirement benefit that would be described in paragraph (a) if its subparagraph (ii) read as follows: (ii) the benefits are adjusted annually, after they
commence to be paid, in whole or in part to reflect (A) increases in the Consumer Price Index, as
published by Statistics Canada under the authority of the Statistics Act, or (B) increases at a rate specified under the terms
of the plan not exceeding 2% per annum;
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(iv) the VPLA benefits are increased or decreased
to the extent that the following differ materially from the actuarial assumptions used to determine the VPLA benefits: (A) the amount or rate of return earned by the VPLA fund, or (B) the rate of mortality of the members and
beneficiaries who are entitled to receive the VPLA benefits;
(3) Paragraph 8506(2)(g) of the Regulations is replaced by the following: (g) retirement benefits (other than benefits permissible under paragraph (1)(e.1) or (e.2)) under the provision are provided by means of annuities that are purchased from a licensed annuities provider; (4) Section 8506 of the Regulations is amended by adding the following after subsection (12):
VPLA fund (13) For the purposes of paragraph (1)(e.2) and clause 8502(e)(i)(C), a VPLA fund under a money purchase provision of a pension plan is an arrangement that meets the following conditions: (a) no amounts are contributed to the arrangement other than amounts that are transferred from accounts of the members of the plan; (b) the arrangement has at least 10 members at the time it is established and, at all times after it is established, it is reasonable to expect that the arrangement will have at least 10 members on an ongoing basis; and (c) no benefit may be paid from the arrangement other than retirement benefits described in subparagraph (1)(e.2)(iii).
(5) Subsections (1) to (4) are deemed to have
come into force on January 1, 2020. 91 (1) Subsection 8510(7) of the Regulations is
amended by striking out “and” at the end of paragraph (a), by adding “and” at the end of paragraph (b) and by adding the following after paragraph (b):
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(c) no contributions are made (i) to the plan with respect to a member at any time after the end of the calendar year in which the member attains 71 years of age, or (ii) to a defined benefit provision of the plan with respect to a member during a period (other than a qualifying period, as defined in subsection 8503(16)) in which the member is in receipt of retirement benefits from a defined benefit provision of the plan.
(2) Subsection (1) applies in respect of contributions made pursuant to any collective bargaining agreement entered into after 2019, except that it does not apply in respect of contributions made on or before the date the agreement is entered into. 92 Section 8901.2 of the Regulations is replaced
by the following: 8901.2 The amount determined by regulation in respect of a qualifying entity for the purposes of clause (b)(iv)(B) of the description of A in subsection 125.7(2) of the Act for a week in a qualifying period is (a) for the seventh qualifying period and the eighth qualifying period, the greater of (i) the amount determined for the week under subparagraph (a)(i) of the description of A in subsection 125.7(2) of the Act, and (ii) the amount determined for the week under subparagraph (a)(ii) of the description of A in subsection 125.7(2) of the Act; (b) for the ninth qualifying period and the tenth qualifying period, the greater of (i) $500, and (ii) the lesser of (A) 55% of baseline remuneration (as defined in subsection 125.7(1) of the Act) in respect of the eligible employee determined for that week, and (B) $573; (c) for any of the eleventh qualifying period to the nineteenth qualifying period, the greater of
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(i) $500, and (ii) the lesser of (A) 55% of baseline remuneration (as defined in subsection 125.7(1) of the Act) in respect of the eligible employee determined for that week, and (B) $595; and (d) for the twentieth qualifying period and any subsequent qualifying period, nil.
93 Schedule II to the Regulations is amended by adding the following after Class 55:
CLASS 56 Property that is acquired, and becomes available for use, by a taxpayer after March 1, 2020 and before 2028, if the property (a) is either (i) automotive equipment (other than a motor vehicle) that is fully electric or powered by hydrogen, or
(ii) an addition or alteration made by the taxpayer
to automotive equipment (other than a motor vehicle) to the extent it causes the automotive equipment to become fully electric or powered by hydrogen; and (b) would be accelerated investment incentive property of the taxpayer if subsection 1104(4) were read without its exclusion for property included in Class 56.
SOR/2008-186
Canada Disability Savings Regulations 94 (1) Paragraph (b) of the definition montant de retenue in section 1 of the French version of the Canada Disability Savings Regulations is replaced by the following: b) dans les autres cas, le montant total des subventions et des bons qui ont été versés dans un REEI au cours des dix années précédant ce moment, déduction faite du montant de toute subvention ou de tout bon versé au cours de cette période qui a été remboursé au ministre. (assistance holdback amount)
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Chapter 23: Budget Implementation Act, 2021, No. 1 PART 1 Amendments to the Income Tax Act and Other Legislation Canada Disability Savings Regulations Sections 94-96
(2) Subsection (1) is deemed to have come into force on January 1, 2021. 95 (1) The portion of subsection 5(1) of the Regulations before paragraph (a) is replaced by the following: 5 (1) Subject to section 5.1, an issuer of an RDSP shall repay to the Minister, within the period set out in the issuer agreement, the amount referred to in subsection (2) if (2) Subsection 5(1) of the Regulations is amended by adding “or” at the end of paragraph (b) and by repealing paragraph (c). (3) Subsection 5(3) of the Regulations is replaced
by the following: (3) Despite subsections (1) and (2), if the beneficiary of an RDSP that is a specified disability savings plan dies, the issuer of the RDSP shall repay to the Minister, within the period set out in the issuer agreement, any portion of an amount paid into the RDSP as a grant or bond within the 10-year period preceding the time of the death that remains in the RDSP at that time. (4) This section does not apply if the event described in subsection (1) or (3) occurs after the calendar year in which the beneficiary attains 59 years of age. (4) Subsections (1) to (3) are deemed to have come into force on January 1, 2021. 96 (1) The portion of section 5.1 of the Regulations before paragraph (a) is replaced by the following: 5.1 If an event described in paragraph 5(1)(a), (b) or (d) occurs while the beneficiary of an RDSP is no longer a DTC-eligible individual, the issuer of the RDSP shall repay to the Minister, within the period set out in the issuer agreement, the lesser of (2) The description of A in paragraph 5.1(b) of the Regulations is replaced by the following: A
is (i) if the event occurs before the calendar year
in which the beneficiary attains 51 years of age, the total amount of grants and bonds paid into the RDSP within the 10-year period before the day on which the beneficiary ceased to be a
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DTC-eligible individual, less any portion of that amount that was repaid to the Minister within that period, (ii) if the event occurs after the calendar year in which the beneficiary attains 50 years of age but before the calendar year in which they attain 60 years of age and the beneficiary ceased to be a DTC-eligible individual before the calendar year in which they attained 50 years of age, the total amount of grants and bonds paid into the RDSP within the period (expressed in number of years) determined by the following formula that ended before the day on which the beneficiary ceased to be a DTC-eligible individual, less any portion of that amount that was repaid to the Minister within that period: 60 – n
where n
is the beneficiary’s age on — or the age that they would have attained by — December 31 of the calendar year in which the event occurs,
(iii) if the event occurs after the calendar year
in which the beneficiary attains 50 years of age but before the calendar year in which they attain 60 years of age and the beneficiary ceased to be a DTC-eligible individual after the calendar year in which they attained 49 years of age, the total amount of grants and bonds paid into the RDSP during the period beginning on January 1 of the year that is 10 years before the year in which the event occurs and ending on the day preceding the day on which the beneficiary ceased to be a DTC-eligible individual, less any portion of that amount that was repaid to the Minister within that period, or (iv) if the event occurs after the calendar year in which the beneficiary attains 59 years of age, nil,
(3) Subsections (1) and (2) are deemed to have come into force on January 1, 2021.
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97 (1) Section 5.2 of the Regulations is repealed. (2) Subsection (1) is deemed to have come into force on January 1, 2021. 98 (1) Section 5.3 of the Regulations is amended
by adding the following after subsection (2): (3) Subsection (1) does not apply in respect of any disability assistance payment made after the calendar year in which the beneficiary attains 59 years of age. (2) Subsection (1) is deemed to have come into force on January 1, 2021. 99 (1) The portion of subsection 5.4(1) of the Regulations before paragraph (a) is replaced by the following: 5.4 (1) If a disability assistance payment is made to a beneficiary who is no longer a DTC-eligible individual, the issuer of the RDSP shall repay to the Minister, within the period set out in the issuer agreement, the least of the following amounts: (2) The description of A in paragraph 5.4(1)(c) of the Regulations is replaced by the following: A
is (i) if the disability assistance payment is made
before the calendar year in which the beneficiary attains 51 years of age, the total amount of grants and bonds paid into the RDSP within the 10-year period before the day on which the beneficiary ceased to be a DTC-eligible individual, less any portion of that amount that was repaid to the Minister within that period, (ii) if the disability assistance payment is made after the calendar year in which the beneficiary attains 50 years of age but before the calendar year in which they attain 60 years of age and the beneficiary ceased to be a DTC-eligible individual before the calendar year in which they attained 50 years of age, the total amount of grants and bonds paid into the RDSP within the period (expressed in number of years) determined by the following formula that ended before the day on which the beneficiary ceased to be a DTC-eligible individual, less any portion of that amount that was repaid to the Minister within that period: 60 – n
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where n
is the beneficiary’s age on December 31 of the calendar year in which the disability assistance payment is made,
(iii) if the disability assistance payment is made after the calendar year in which the beneficiary attains 50 years of age but before the calendar year in which they attain 60 years of age and the beneficiary ceased to be a DTC-eligible individual after the calendar year in which they attained 49 years of age, the total amount of grants and bonds paid into the RDSP during the period beginning on January 1 of the year that is 10 years before the year in which the disability assistance payment is made and ending on the day preceding the day on which the beneficiary ceased to be a DTC-eligible individual, less any portion of that amount that was repaid to the Minister within that period, or (iv) if the disability assistance payment is made
after the calendar year in which the beneficiary attains 59 years of age, nil,
(3) Subsection 5.4(2) of the Regulations is replaced by the following: (2) An issuer that repays the amount referred to in paragraph (1)(a) is to do so from the grants and bonds that were paid into the RDSP within the applicable period referred to in the description of A in paragraph (1)(c) and within the period referred to in the description of B in paragraph (1)(c), in the order in which they were paid into it. (4) Subsections (1) to (3) are deemed to have
come into force on January 1, 2021.
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Chapter 23: Budget Implementation Act, 2021, No. 1 PART 2 GST/HST Measures Section 100
PART 2
GST/HST Measures R.S., c. E-15
Excise Tax Act 100 (1) The definition reporting period in subsection 123(1) of the Excise Tax Act is replaced by the following: reporting period of a person means the reporting period of the person as determined under sections 211.18 and 245 to 251; (période de déclaration) (2) Paragraph (c) of the definition activité commerciale in subsection 123(1) of the French version of the Act is replaced by the following: c) la réalisation d’une fourniture, sauf une fourniture exonérée, d’un immeuble de la personne, y compris les actes qu’elle accomplit dans le cadre ou à l’occasion de la fourniture. (commercial activity) (3) The definition financial instrument in subsection 123(1) of the Act is amended by adding the following after paragraph (f): (f.1) a virtual payment instrument, (4) Subsection 123(1) of the Act is amended by adding the following in alphabetical order:
virtual payment instrument means property that is a digital representation of value, that functions as a medium of exchange and that only exists at a digital address of a publicly distributed ledger, other than property that (a) confers a right, whether immediate or future and whether absolute or contingent, to be exchanged or redeemed for money or specific property or services or to be converted into money or specific property or services, (b) is primarily for use within, or as part of, a gaming
platform, an affinity or rewards program or a similar platform or program, or (c) is prescribed property; (effet de paiement virtuel)
(5) Subsections (1) and (2) come into force, or are
deemed to have come into force, on July 1, 2021.
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(6) Subsections (3) and (4) are deemed to have
come into force on May 18, 2019. 101 (1) Paragraph 141.01(1)(c) of the French version of the Act is replaced by the following: c) la réalisation de fournitures d’immeubles de la personne, y compris les actes qu’elle accomplit dans le cadre ou à l’occasion des fournitures. (2) Subsection (1) comes into force, or is deemed to have come into force, on July 1, 2021. 102 (1) Subsection 143(1) of the Act is amended
by striking out “or” at the end of paragraph (b) and by adding the following after that paragraph: (b.1) the supply is a qualifying tangible personal
property supply (as defined in subsection 211.1(1)) and the person is required under section 211.22 to be registered under Subdivision D of Division V at the time the supply is made; or (2) Subsection (1) comes into force, or is deemed to have come into force, on July 1, 2021. (3) For the purposes of applying subsection 143(1) of the Act, as amended by subsection (1), in respect of a supply in respect of which subparagraph 107(2)(c)(ii) applies, the supply is deemed to have been made on July 1, 2021. 103 (1) Subsection 148(3) of the Act is replaced by the following:
Non-application (3) This section does not apply to (a) a person registered under Subdivision E of Division II; or (b) a non-resident person that makes a supply in
Canada of admissions in respect of a place of amusement, a seminar, an activity or an event and whose only business carried on in Canada is the making of such supplies. (2) Subsection (1) comes into force, or is deemed
to have come into force, on July 1, 2021. 104 (1) Subsection 178.8(9) of the Act is replaced by the following:
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Application (9) Subsections (2) to (7) do not apply in respect of goods
imported in circumstances in which subsection 169(2) applies or in which section 180 or subparagraph 211.23(1)(c)(i) deems a person to have paid tax in respect of a supply of property equal to the tax under Division III in respect of the importation of goods. (2) Subsection (1) applies to goods imported on
or after July 1, 2021 and to goods imported before that day that were not accounted for under section 32 of the Customs Act before that day.
105 (1) Section 179 of the Act is amended by
adding the following after subsection (3):
Exception — distribution platform operator (3.1) For the purposes of this Part, if (a) paragraphs (1)(a) to (c) apply to a taxable supply
in respect of particular tangible personal property that is made by a registrant and is referred to in any of subparagraphs (1)(a)(i) to (iii), (b) the transfer referred to in paragraph (1)(b) of physical possession of the particular property is to a person (in this subsection referred to as the “consignee”) that is acquiring physical possession of the particular property as the recipient of a taxable supply made by way of sale of the particular property that (i) is deemed under subsection 211.23(1) to have been made by a distribution platform operator (as defined in subsection 211.1(1)), and (ii) would, in the absence of subsection 211.23(1), be made by a non-resident person that is not registered under Subdivision D of Division V, (c) the distribution platform operator is registered under Subdivision D of Division V, and (d) the non-resident person gives to the registrant, and the registrant retains, a certificate that (i) acknowledges that the consignee acquired physical possession of the particular property as the recipient of a taxable supply and that the distribution platform operator is required to collect tax in respect of that taxable supply, and
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(ii) states the distribution platform operator’s name and registration number assigned under section 241,
the following rules apply: (e) paragraphs (1)(d) to (g) do not apply to the taxable
supply referred to in paragraph (a), and (f) the taxable supply referred to in paragraph (a) is
deemed to have been made outside Canada.
(2) Section 179 of the Act is amended by adding
the following after subsection (7): Fungible property (7.1) For the purposes of this section, substitute tangible personal property is deemed to be the original tangible personal property if (a) one of the following conditions is met: (i) a registrant acquires physical possession of the original tangible personal property for the purpose of making a supply of a service of manufacturing or producing tangible personal property (in this subparagraph referred to as the “manufactured property”) and the substitute tangible personal property is used or consumed by being (A) incorporated or transformed into, attached to, or combined or assembled with, the manufactured property in the manufacture or production of the manufactured property, or (B) directly consumed or expended in the manufacture or production of the manufactured property, (ii) the following conditions are met: (A) a registrant acquires physical possession of
the original tangible personal property for the purpose of making a supply of a commercial service in respect of that property, (B) if the commercial service is not a storage service, a service identical to the commercial service is performed in respect of the substitute tangible personal property, (C) the registrant causes physical possession of
the substitute tangible personal property to be
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transferred to another person under the agreement for the supply, and (D) if the substitute property is a continuous transmission commodity, the substitute tangible personal property is not being transferred to the other person by means of a wire, pipeline or other conduit, or (iii) a registrant acquires physical possession of the
original tangible personal property for the purpose of making a supply of a commercial service in respect of tangible personal property (in this subparagraph referred to as the “serviced property”) that is neither the original tangible personal property nor the substitute tangible personal property and the substitute tangible personal property is used or consumed by being (A) incorporated into, attached to, or combined
or assembled with, the serviced property in the provision of the commercial service, or (B) directly consumed or expended in the provision of the commercial service; and (b) the properties of the original tangible personal property are essentially identical to the properties of the substitute tangible personal property and the original tangible personal property and the substitute tangible personal property (i) are of the same class or kind of property, (ii) are in the same measure and state, and (iii) are interchangeable for commercial purposes. (3) Subsection (1) comes into force, or is deemed to have come into force, on July 1, 2021. (4) Subsection (2) applies in respect of any supply made after May 17, 2019 and in respect of any supply made on or before that day if the supplier did not, on or before that day, charge, collect or remit any amount as or on account of tax under Part IX of the Act in respect of the supply. 106 (1) Paragraph 186(1)(b) of the Act is replaced by the following: (b) at the time that tax in respect of the acquisition, importation or bringing in becomes payable, or is paid without having become payable, by the parent, all or substantially all of the property of the other corporation is property that was last manufactured, produced,
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acquired or imported by the other corporation for consumption, use or supply by the other corporation exclusively in the course of its commercial activities, (2) Subsection 186(1) of the Act, as amended by subsection (1), is replaced by the following:
Definition of unit 186 (0.1) In this section, unit means, in respect of a
corporation, a share of the capital stock of the corporation. Operating corporation (0.2) For the purposes of this section, a particular corporation is at a particular time an operating corporation of another corporation if at the particular time the particular corporation is related to the other corporation and all or substantially all of the property of the particular corporation is property that was last manufactured, produced, acquired or imported by the particular corporation for consumption, use or supply by the particular corporation exclusively in the course of its commercial activities. Input tax credit (1) Unless subsection (2) applies, if at a particular time a
registrant (in this subsection referred to as the “parent”) that is a corporation resident in Canada acquires, imports or brings into a participating province a particular property or service and if at the particular time a particular corporation is an operating corporation of the parent, the parent is deemed, for the purpose of determining an input tax credit of the parent, to have acquired or imported the particular property or service or brought it into the participating province, as the case may be, for use in the course of commercial activities of the parent to the extent that (a) the parent acquired or imported the particular property or service or brought it into the participating province, as the case may be, for the purpose of (i) selling or otherwise disposing of, purchasing or otherwise obtaining, or holding units or indebtedness of the particular corporation by the parent, or (ii) redeeming, issuing or converting or otherwise
modifying units or indebtedness of the particular corporation by the particular corporation; (b) the parent acquired or imported the particular
property or service or brought it into the participating province, as the case may be, for the purpose of
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issuing or selling units or indebtedness of the parent, the parent transfers to the particular corporation the proceeds from the issuance or sale by lending money to the particular corporation or by purchasing or otherwise obtaining from the particular corporation units or indebtedness of the particular corporation, and the proceeds that are transferred to the particular corporation are for use in the course of its commercial activities; or (c) if at the particular time all or substantially all of
the property of the parent is property that was manufactured, produced, acquired or imported by the parent for consumption, use or supply exclusively in the course of its commercial activities, property that is units or indebtedness of operating corporations of the parent or a combination of such property, the parent acquired or imported the particular property or service or brought it into the participating province, as the case may be, for the purpose of carrying on, engaging in or conducting an activity of the parent other than (i) an activity that is primarily in respect of units or indebtedness of a person that is neither the parent nor an operating corporation of the parent, or (ii) an activity that is carried on, engaged in or conducted in the course of making an exempt supply by the parent unless the activity is a financial service that is (A) the lending or borrowing of units or indebtedness of an operating corporation of the parent, (B) the issue, granting, allotment, acceptance,
endorsement, renewal, processing, variation, transfer of ownership or repayment of units or indebtedness of the parent or an operating corporation of the parent, (C) the provision, variation, release or receipt of a guarantee, acceptance or indemnity in respect of units or indebtedness of the parent or an operating corporation of the parent, (D) the payment or receipt of money as dividends (other than patronage dividends), interest, principal, benefits, or similar receipt or payment of money in respect of units or indebtedness of the parent or an operating corporation of the parent, or (E) the underwriting of units or indebtedness of an operating corporation of the parent.
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(3) Subsections 186(0.1) and (0.2) of the Act, as enacted by subsection (2), are replaced by the following:
Definition of unit 186 (0.1) In this section, unit means (a) in respect of a corporation, a share of the capital stock of the corporation; (b) in respect of a partnership, an interest of a person in the partnership; and (c) in respect of a trust, a unit of the trust.
Operating corporations (0.2) For the purposes of this section, a particular corporation is at a particular time an operating corporation of another person that is a corporation, partnership or trust if, at the particular time, all or substantially all of the property of the particular corporation is property that was last manufactured, produced, acquired or imported by the particular corporation for consumption, use or supply by the particular corporation exclusively in the course of its commercial activities and (a) if the other person is a corporation or a trust, the
particular corporation is, at the particular time, related to the other person; or (b) if the other person is a partnership, the particular corporation is, at the particular time, controlled by (i) the other person, (ii) a corporation that is controlled by the other person, (iii) a corporation that is related to a corporation
described in subparagraph (ii), or (iv) a combination of persons described in subparagraphs (i) to (iii).
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(4) The portion of subsection 186(1) of the Act before paragraph (a), as enacted by subsection (2), is replaced by the following: Input tax credit (1) Unless subsection (2) applies, if at a particular time a
registrant (in this subsection referred to as the “parent”) that is resident in Canada and that is a corporation, partnership or trust acquires, imports or brings into a participating province a particular property or service and if at the particular time a particular corporation is an operating corporation of the parent, the parent is deemed, for the purpose of determining an input tax credit of the parent, to have acquired or imported the particular property or service or brought it into the participating province, as the case may be, for use in the course of commercial activities of the parent to the extent that (5) Paragraph 186(2)(b) of the Act is replaced by
the following: (b) throughout the period beginning when the performance of the particular service began or when the purchaser acquired, imported or brought into the participating province, as the case may be, the particular property and ending at the later of the times referred to in paragraph (c), all or substantially all of the property of the other corporation was property that was last manufactured, produced, acquired or imported for consumption, use or supply exclusively in the course of commercial activities, (6) Subsection 186(3) of the Act is replaced by the following:
Shares, etc., held by corporation (3) If at any time all or substantially all of the property of
a particular corporation is property that was last manufactured, produced, acquired or imported by it for consumption, use or supply exclusively in the course of its commercial activities, all shares of the capital stock of the particular corporation owned by, and all indebtedness of the particular corporation owed to, any other corporation that is related to the particular corporation are, for the purposes of this section, deemed to be, at that time, property that was acquired by the other corporation for use exclusively in the course of its commercial activities. (7) Subsection 186(3) of the Act, as enacted by subsection (6), is replaced by the following:
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Shares, etc., held by corporation (3) If at a particular time a particular corporation is an operating corporation of another corporation, all units of the particular corporation owned by, and all indebtedness of the particular corporation owed to, the other corporation are, for the purposes of this section, deemed to be, at the particular time, property that was acquired by the other corporation for use exclusively in the course of its commercial activities. (8) Subsections (1) and (6) apply in respect of any property or service acquired, imported or brought into a participating province before July 28, 2018 if tax became payable or was paid without having become payable in respect of the acquisition, importation or bringing into the participating province. (9) Subsections (2) and (7) apply in respect of any
property or service acquired, imported or brought into a participating province after July 27, 2018. (10) Subsection 186(0.1) of the Act, as enacted by
subsection (3), is deemed to have come into force on May 18, 2019. (11) Subsection 186(0.2) of the Act, as enacted by subsection (3), and subsection (4) apply in respect of any property or service acquired, imported or brought into a participating province after May 17, 2019. (12) Subsection (5) applies to any acquisition, importation or bringing into a participating province of property or a service in respect of which tax is payable or is paid without having become payable. 107 (1) The Act is amended by adding the following after section 211:
SUBDIVISION E
Electronic Commerce Interpretation Definitions 211.1 (1) The following definitions apply in this Subdivision.
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accommodation platform means a digital platform through which a person facilitates the making of supplies of short-term accommodation situated in Canada by another person that is not registered under Subdivision D of Division V. (plateforme de logements) accommodation platform operator, in respect of a supply of short-term accommodation made through an accommodation platform, means a person (other than the supplier or an excluded operator in respect of the supply) that (a) controls or sets the essential elements of the transaction between the supplier and the recipient; (b) if paragraph (a) does not apply to any person, is
involved, directly or through arrangements with third parties, in collecting, receiving or charging the consideration for the supply and transmitting all or part of the consideration to the supplier; or (c) is a prescribed person. (exploitant de plateforme
de logements) Canadian accommodation related supply means a taxable supply of a service (a) that is made to a person in connection with a supply of short-term accommodation situated in Canada made to the person; and (b) the consideration for which represents a booking
fee, administration fee or other similar charge. (fourniture liée à un logement au Canada) digital platform includes a website, an electronic portal, gateway, store or distribution platform or any other similar electronic interface but does not include (a) an electronic interface that solely processes payments; or (b) a prescribed platform or interface. (plateforme numérique)
distribution platform operator, in respect of a supply of property or a service made through a specified distribution platform, means a person (other than the supplier or an excluded operator in respect of the supply) that (a) controls or sets the essential elements of the transaction between the supplier and the recipient; (b) if paragraph (a) does not apply to any person, is
involved, directly or through arrangements with third parties, in collecting, receiving or charging the
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consideration for the supply and transmitting all or part of the consideration to the supplier; or (c) is a prescribed person. (exploitant de plateforme
de distribution) electronic filing means using electronic media in a manner specified by the Minister. (transmission électronique) excluded operator means a person that, in respect of a supply of property or a service, (a) meets all of the following conditions: (i) the person does not set, directly or indirectly,
any of the terms and conditions under which the supply is made, (ii) the person is not involved, directly or indirectly, in authorizing the charge to the recipient of the supply in respect of the payment of the consideration for the supply, and (iii) the person is not involved, directly or indirectly, in the ordering or delivery of the property or in the ordering or rendering of the service; (b) solely provides for the listing or advertising of the
property or service or for the redirecting or transferring to a digital platform on which the property or service is offered; (c) is solely a payment processor; or (d) is a prescribed person. (exploitant exclu)
false statement includes a statement that is misleading because of an omission from the statement. (faux énoncé) qualifying tangible personal property supply means a supply made by way of sale of tangible personal property that is, under the agreement for the supply, to be delivered or made available to the recipient in Canada, other than (a) an exempt or zero-rated supply; (b) a supply of tangible personal property sent by mail
or courier to the recipient at an address in Canada from an address outside Canada by the supplier or by another person acting on behalf of the supplier, if the supplier maintains evidence satisfactory to the Minister that the property was so sent;
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(c) a supply that is deemed under subsection 180.1(2) to have been made outside Canada; and (d) a prescribed supply. (fourniture admissible d’un bien meuble corporel)
specified Canadian recipient means a recipient of a supply in respect of which the following conditions are met: (a) the recipient has not provided to the supplier, or to a distribution platform operator in respect of the supply, evidence satisfactory to the Minister that the recipient is registered under Subdivision D of Division V; and (b) the usual place of residence of the recipient is situated in Canada. (acquéreur canadien déterminé) specified distribution platform means a digital platform through which a person facilitates the making of specified supplies by another person that is a specified non-resident supplier or facilitates the making of qualifying tangible personal property supplies by another person that is not registered under Subdivision D of Division V. (plateforme de distribution déterminée) specified non-resident supplier means a non-resident person that does not make supplies in the course of a business carried on in Canada and that is not registered under Subdivision D of Division V. (fournisseur non-résident déterminé) specified supply means a taxable supply of intangible personal property or a service other than (a) a supply of intangible personal property that (i) may not be used in Canada, (ii) relates to real property situated outside Canada,
or (iii) relates to tangible personal property ordinarily situated outside Canada; (b) a supply of a service that (i) may only be consumed or used outside Canada, (ii) is in relation to real property situated outside Canada, or (iii) is rendered in connection with criminal, civil
or administrative litigation (other than a service rendered before the commencement of such litigation) that is under the jurisdiction of a court or
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other tribunal established under the laws of a country other than Canada or that is in the nature of an appeal from a decision of a court or other tribunal established under the laws of a country other than Canada; (c) a supply of a service that is deemed under subsection 180.1(2) to have been made outside Canada; (d) a supply of a service (i) that is made to a person in connection with a supply of short-term accommodation made to the person, and (ii) the consideration for which represents a booking fee, administration fee or other similar charge; and (e) a prescribed supply. (fourniture déterminée)
Registration (2) For greater certainty, in this Part (other than this
Subdivision) and in Schedules V to X, a reference to registration does not include registration under this Subdivision.
Accommodations, Intangible Personal Property and Services Residence indicators 211.11 (1) For the purposes of this Subdivision, the following are indicators in respect of the usual place of residence of a recipient of a supply: (a) the home address of the recipient; (b) the business address of the recipient; (c) the billing address of the recipient;
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(d) the Internet Protocol address of the device used by
the recipient or similar data obtained through a geolocation method; (e) payment-related information in respect of the recipient or other information used by the payment system; (f) the information from a subscriber identity module, or other similar module, used by the recipient; (g) the place at which a landline communication service is supplied to the recipient; and (h) any other relevant information that the Minister
may specify.
Indicator — Canada and provinces (2) For the purposes of this section, (a) a Canadian indicator in respect of the recipient of
a supply is an indicator obtained in connection with the supply that reasonably supports the conclusion that the usual place of residence of the recipient is situated in Canada; (b) a foreign indicator in respect of the recipient of a supply is an indicator obtained in connection with the supply that reasonably supports the conclusion that the usual place of residence of the recipient is situated outside Canada; (c) a participating province indicator in respect of the
recipient of a supply is an indicator obtained in connection with the supply that reasonably supports the conclusion that the usual place of residence of the recipient is situated in a participating province; and (d) a non-participating province indicator in respect
of the recipient of a supply is an indicator obtained in connection with the supply that reasonably supports the conclusion that the usual place of residence of the recipient is situated in a non-participating province.
Usual place of residence — Canada (3) For the purposes of this Subdivision, the usual place
of residence of the recipient of a supply is situated in Canada if a person that is the supplier or a distribution platform operator in respect of the supply, (a) in the ordinary course of the person’s operations, has obtained two or more Canadian indicators in
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respect of the recipient and has not obtained more than one foreign indicator in respect of the recipient; (b) in the ordinary course of the person’s operations,
has obtained two or more Canadian indicators in respect of the recipient and two or more foreign indicators in respect of the recipient, but the Canadian indicators are, in the circumstances, reasonably considered to be more reliable in determining a place of residence; or (c) if paragraphs (a) and (b) do not apply, has determined that the usual place of residence of the recipient is situated in Canada based on any method that the Minister may allow.
Usual place of residence — participating province address (4) For the purposes of this Subdivision, if the usual
place of residence of the recipient of a supply is situated in Canada and if a person that is the supplier or a distribution platform operator in respect of the supply has obtained in the ordinary course of the person’s operations one or more addresses that are a home or business address of the recipient in a participating province and has not obtained in the ordinary course of the person’s operations the same number or a greater number of addresses that are a home or business address of the recipient in a non-participating province, the usual place of residence of the recipient is situated in the following participating province: (a) if those addresses of the recipient that are in a participating province are all in the same participating province, that participating province; and (b) if those addresses of the recipient that are in a participating province are in two or more participating provinces and if the tax rates for those participating provinces are the same, the participating province among those participating provinces that has the largest population.
Usual place of residence — participating province indicators (5) For the purposes of this Subdivision, if the usual
place of residence of the recipient of a supply is situated in Canada but is not determined under subsection (4) to be in a participating province and if a person that is the supplier or a distribution platform operator in respect of the supply has obtained in the ordinary course of the person’s operations one or more participating province indicators in respect of the recipient and has not obtained in the ordinary course of the person’s operations the same number or a greater number of non-participating
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province indicators in respect of the recipient that could reasonably be considered to be as reliable in determining a place of residence as those participating province indicators, the usual place of residence of the recipient is situated in the following participating province: (a) if those participating province indicators are in respect of the same participating province, that participating province; (b) if those participating province indicators are in respect of two or more participating provinces and the participating province indicators in respect of one of those participating provinces are, in the circumstances, reasonably considered to be more reliable in determining a place of residence, that participating province; (c) if the usual place of residence of the recipient is
not determined under paragraph (a) or (b) and if the person has determined that the usual place of residence of the recipient is situated in one of the participating provinces based on any method that the Minister may allow, that participating province; or (d) if the usual place of residence of the recipient is
not determined under any of paragraphs (a) to (c) and if those participating province indicators are in respect of two or more participating provinces, the participating province among those participating provinces for which the tax rate is the lowest or, if the tax rates for those participating provinces are the same, the participating province among those participating provinces that has the largest population.
Usual place of residence — participating province (6) For the purposes of this Subdivision, if, in respect of a supply, the usual place of residence of the recipient is situated in Canada but is not determined under subsection (4) or (5) to be in a participating province and if a person that is the supplier or a distribution platform operator in respect of the supply has determined that the usual place of residence of the recipient is situated in a participating province based on any method that the Minister may allow, then the usual place of residence of the recipient is situated in that participating province.
Threshold amount 211.12 (1) For the purposes of this section, the threshold amount of a particular person for a period is the total of all amounts each of which is an amount that is, or that could reasonably be expected to be, the value of the
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consideration for a supply that is, or that could reasonably be expected to be, (a) a specified supply made during that period by the particular person to a specified Canadian recipient (other than a zero-rated supply or a supply that is deemed to have been made by the particular person under paragraph 211.13(1)(a) or subparagraph 211.13(2)(a)(i)); (b) a Canadian accommodation related supply made
during that period by the particular person to another person that is not registered under Subdivision D of Division V; (c) if the particular person is a distribution platform
operator in respect of a specified supply (other than a zero-rated supply) made during that period through a specified distribution platform by a specified non-resident supplier to a specified Canadian recipient, a specified supply (other than a zero-rated supply) that is made during that period through the specified distribution platform by a specified non-resident supplier to a specified Canadian recipient and in respect of which any person is a distribution platform operator; or (d) if the particular person is an accommodation platform operator in respect of an accommodation supply — being a taxable supply of short-term accommodation situated in Canada made by any person that is not registered under Subdivision D of Division V to a recipient that is not registered under that Subdivision — that is made during that period through an accommodation platform, an accommodation supply that is made during that period through the accommodation platform and in respect of which any person is an accommodation platform operator.
Registration required (2) Every person (other than a registrant or a person that
carries on a business in Canada) that is a specified nonresident supplier at any time, a distribution platform operator in respect of a supply made at any time or an accommodation platform operator in respect of a supply made at any time is required at that time to be registered under this Subdivision if the threshold amount of the person for any period of 12 months (other than a period that begins before July 2021) that includes that time exceeds $30,000.
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Application (3) A person required under subsection (2) to be registered under this Subdivision shall apply to the Minister for registration. The application is to be made in prescribed form containing prescribed information and is to be filed with the Minister by way of electronic filing on or before the first day on which the person is required to be registered under this Subdivision.
Registration (4) The Minister may register any person that applies for
registration under subsection (3) and, upon doing so, the Minister shall assign a registration number to the person and notify the person of the registration number and the effective date of the registration. Notice of intent (5) If the Minister has reason to believe that a person
that is not registered under this Subdivision is required to be registered under subsection (2) and has failed to apply for registration under subsection (3) as and when required, the Minister may send a notice in writing (in this section referred to as a “notice of intent”) to the person that the Minister proposes to register the person under subsection (7). Representations to Minister (6) Upon receipt of a notice of intent, a person shall apply for registration under subsection (3) or establish to the satisfaction of the Minister that the person is not required to be registered under subsection (2).
Registration by Minister (7) If, after 60 days after the particular day on which a
notice of intent was sent by the Minister to a person, the person has not applied for registration under subsection (3) and the Minister is not satisfied that the person is not required to be registered under subsection (2), the Minister may register the person under this Subdivision and, upon doing so, shall assign a registration number to the person and notify the person in writing of the registration number and the effective date of the registration, which effective date is not to be earlier than 60 days after the particular day. Cessation of registration (8) If a person is registered under this Subdivision and if
the person becomes registered under Subdivision D of Division V on a particular day, the person ceases to be
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registered under this Subdivision effective on the particular day. Cancellation on notice (9) The Minister may, after giving a person that is registered under this Subdivision reasonable written notice, cancel the registration of the person if the Minister is satisfied that the registration is not required under this Subdivision. Cancellation on request (10) On request from a person, the Minister shall cancel
the registration of the person under this Subdivision if the Minister is satisfied that the registration is not required under this Subdivision. Cancellation — notification (11) If the Minister cancels the registration of a person
under subsection (9) or (10), the Minister shall notify the person of the cancellation and its effective date.
Public disclosure (12) Despite section 295, the Minister may make available to the public, in any manner that the Minister considers appropriate, the names of persons registered under this Subdivision (including any trade name or other name used by those persons), the registration numbers assigned to those persons under this section, the effective date of the registration and, if a person ceases to be registered under this Subdivision, the date on which the person ceases to be registered. Specified supply — operator 211.13 (1) If a specified supply is made through a specified distribution platform by a specified non-resident supplier to a specified Canadian recipient and if another person registered under this Subdivision is a distribution platform operator in respect of the specified supply, then, for the purposes of this Part (other than section 211.1, paragraph 211.12(1)(c) and section 240) (a) the specified supply is deemed to have been made by the other person and not by the specified non-resident supplier; and (b) the other person is deemed not to have made a
supply to the specified non-resident supplier of services relating to the specified supply.
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Specified supply — registered operator (2) If a specified supply is made through a specified distribution platform by a specified non-resident supplier, if another person that is registered under Subdivision D of Division V, or that carries on a business in Canada, is a distribution platform operator in respect of the specified supply and if, in the absence of section 143, the specified supply would have been a supply made in Canada, the following rules apply: (a) if the other person is registered under Subdivision
D of Division V, for the purposes of this Part (other than section 211.1, paragraph 211.12(1)(c) and section 240) (i) the specified supply is deemed to have been
made by the other person and not by the specified non-resident supplier, and (ii) the other person is deemed not to have made a
supply to the specified non-resident supplier of services relating to the specified supply; and (b) in any other case, for the purposes of sections 148
and 249, the specified supply is deemed to have been made by the other person and not by the specified non-resident supplier.
Accommodation — operator (3) If a particular supply that is a taxable supply of shortterm accommodation situated in Canada is made through an accommodation platform by a particular person that is not registered under Subdivision D of Division V, if another person that is registered under this Subdivision is an accommodation platform operator in respect of the particular supply and if the recipient has not provided to the other person evidence satisfactory to the Minister that the recipient is registered under Subdivision D of Division V, then, for the purposes of this Part (other than sections 148 and 211.1, paragraph 211.12(1)(d) and sections 240 and 249) (a) the particular supply is deemed to have been made by the other person and not by the particular person; and (b) the other person is deemed not to have made a
supply to the particular person of services relating to the particular supply.
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Accommodation — registered operator (4) If a particular supply that is a taxable supply of shortterm accommodation situated in Canada is made through an accommodation platform by a particular person that is not registered under Subdivision D of Division V and if another person that is registered under that Subdivision, or that carries on a business in Canada, is an accommodation platform operator in respect of the particular supply, then, for the purposes of this Part (other than for the purposes of applying sections 148 and 249 in respect of the particular person and other than for the purposes of section 211.1, paragraph 211.12(1)(d) and section 240) (a) the particular supply is deemed to have been made
by the other person and not by the particular person; and (b) the other person is deemed not to have made a supply to the particular person of services relating to the particular supply.
Joint and several, or solidary, liability (5) If a particular person that is deemed under paragraph (1)(a), subparagraph (2)(a)(i) or paragraph (3)(a) or (4)(a) not to have made a supply made a false statement to another person that is deemed under paragraph (1)(a), subparagraph (2)(a)(i) or paragraph (3)(a) or (4)(a), as the case may be, to have made the supply and if the false statement is relevant to the determination of whether the other person is required to collect tax in respect of the supply or the determination of the amount of tax that the other person is required to collect in respect of the supply, the following rules apply: (a) the particular person and the other person are jointly and severally, or solidarily, liable for all obligations under this Part (in this subsection referred to as the “obligations in respect of the supply”) that arise upon or as a consequence of (i) the tax in respect of the supply becoming collectible by the other person, and (ii) a failure to account for or pay as and when required under this Part an amount of net tax of the other person, or an amount required under section 230.1 to be paid by the other person, that is reasonably attributable to the supply; (b) the Minister may assess the particular person for any amount for which the particular person is liable under this subsection and sections 296 to 311 apply with any modifications that the circumstances require; and
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(c) if the other person did not know and could not
reasonably be expected to have known that the particular person made a false statement and if the other person relied in good faith on the false statement and, because of such reliance, did not charge, collect or remit all the tax in respect of the supply that the other person was required to charge, collect or remit, despite section 296, the Minister is not to assess the other person for any obligations in respect of the supply in excess of the obligations in respect of the supply that arise upon or as a consequence of the other person having charged, collected or remitted an amount of tax in respect of the supply.
Supply — Canada 211.14 (1) For the purposes of this Part and despite paragraphs 136.1(1)(d) and (2)(d), subsection 142(2) and section 143, if a person registered under this Subdivision makes a specified supply to a specified Canadian recipient, or makes a Canadian accommodation related supply to a recipient that has not provided to the person evidence satisfactory to the Minister that the recipient is registered under Subdivision D of Division V, the supply is deemed to be made in Canada and, in the case of a Canadian accommodation related supply that is included in Schedule VI, the supply is deemed not to be included in that Schedule.
Supply — Canada (2) For the purposes of this Part and despite paragraph
136.1(2)(d), subsection 142(2) and section 143, if a person registered under Subdivision D of Division V or carrying on a business in Canada makes a Canadian accommodation related supply, the supply is deemed to be made in Canada and, if the supply is included in Schedule VI, the supply is deemed not to be included in that Schedule.
Specified supply — participating province (3) For the purposes of this Part and despite section
144.1, if a specified supply (other than a supply of intangible personal property, or a service, that relates to real property) is deemed to be made in Canada under subsection (1), the following rules apply: (a) if the usual place of residence of the specified Canadian recipient is situated in a participating province, the supply is deemed to be made in the participating province; and (b) in any other case, the supply is deemed to be made in a non-participating province.
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Canadian accommodation related supply — participating province (4) For the purposes of this Part and despite section
144.1, if a Canadian accommodation related supply is deemed to be made in Canada under subsection (1) or (2), the supply is deemed to be made in the province in which the accommodation is situated. Billing agent 211.15 For the purposes of this Part, if a particular person that is registered under this Subdivision makes an election in respect of a supply under subsection 177(1.1) with a registrant described in subsection 177(1.11), the registrant is deemed not to have made a supply to the particular person of services of acting as an agent described in subsection 177(1.11) in respect of the supply.
Disclosure of tax 211.16 A person registered under this Subdivision that is required under section 221 to collect tax in respect of a supply shall indicate to the recipient, in a manner satisfactory to the Minister, (a) the consideration paid or payable by the recipient for the supply and the tax payable in respect of the supply; or (b) that the amount paid or payable by the recipient
for the supply includes the tax payable in respect of the supply. Restrictions 211.17 (1) No amount of an input tax credit, rebate, refund or remission under this or any other Act of Parliament shall be credited, paid, granted or allowed to the extent that it can reasonably be regarded that the amount is determined, directly or indirectly, in relation to an amount that is collected as or on account of tax, or in relation to an amount of tax that is required to be collected, by a person that is registered or required to be registered under this Subdivision. Exception (2) Subsection (1) does not apply (a) to a rebate, refund or remission in relation to an
amount that a person may (i) deduct under subsection 231(1), 232(3) or 234(3)
in determining the net tax of the person for a reporting period of the person,
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(ii) claim as a rebate under section 259 or 259.1, or (iii) claim as a rebate under section 261 in respect of an amount that is collected as or on account of tax from the person at a time when the person is not registered under Subdivision D of Division V; (b) for the purposes of subsections 232(1) and (2); and (c) for prescribed purposes.
Return 211.18 (1) Despite subsection 238(2), every person registered under this Subdivision shall file a return with the Minister by way of electronic filing for each reporting period of the person within one month after the end of the reporting period.
Reporting period (2) Despite sections 245 and 251 and subject to subsections (3) and (4), the reporting period of a person registered under this Subdivision is a calendar quarter.
Becoming registered (3) If a person becomes registered under this Subdivision on a particular day, the following periods are deemed to be separate reporting periods of the person: (a) the period beginning on the first day of the reporting period of the person, otherwise determined under section 245, that includes the particular day and ending on the day immediately preceding the particular day; and (b) the period beginning on the particular day and ending on the last day of the calendar quarter that includes the particular day.
Cessation of registration (4) If a person ceases to be registered under this Subdivision on a particular day, the following periods are deemed to be separate reporting periods of the person: (a) the period beginning on the first day of the calendar quarter that includes the particular day and ending on the day immediately preceding the particular day; and (b) the period beginning on the particular day and
ending on the last day of the reporting period of the person, otherwise determined under section 245, that includes the particular day.
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Definition of qualifying foreign currency 211.19 (1) In this section, qualifying foreign currency
means the U.S. dollar, the euro or another foreign currency that the Minister may specify. Manner of payment (2) Every person that is registered or required to be registered under this Subdivision and that is required under subsection 278(2) to pay or remit an amount to the Receiver General shall pay or remit that amount in the manner determined by the Minister.
Non application — subsection 278(3) (3) Subsection 278(3) does not apply in respect of an
amount that a person that is registered or required to be registered under this Subdivision is required under this Part to pay or remit to the Receiver General.
Foreign currency — no designation (4) Despite section 159 and subject to subsection (7), if tax is collected, or required to be collected, in respect of a supply made by a person that is registered or required to be registered under this Subdivision and if the value of the consideration for the supply is expressed in a foreign currency, the consideration is to be converted into Canadian currency using the exchange rate applicable on the last day of the reporting period in which the tax is collected or required to be collected, as the case may be, or using any other conversion method that the Minister may allow.
Foreign currency — application (5) A person registered under this Subdivision may apply
to the Minister, in prescribed form containing prescribed information and filed in prescribed manner with the Minister, to be designated as a person eligible to determine the net tax for a reporting period of the person in a qualifying foreign currency. The Minister may require that the application be filed by way of electronic filing.
Foreign currency — authorization (6) If the Minister receives an application of a person under subsection (5), the Minister may, subject to such conditions as the Minister may at any time impose, designate the person as a person eligible to determine the net tax for a reporting period of the person in the qualifying foreign currency indicated by the Minister.
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Foreign currency — designated persons (7) Despite section 159, if a person is designated under
subsection (6) in respect of a reporting period of the person, the following rules apply in respect of the reporting period: (a) the net tax for the reporting period is to be determined in the return for that reporting period in the qualifying foreign currency indicated by the Minister; (b) any amount to be remitted or paid by the person to the Receiver General in respect of the reporting period is to be remitted or paid in the qualifying foreign currency indicated by the Minister; and (c) any amount that is required to be converted into the qualifying foreign currency indicated by the Minister for the purposes of determining the net tax for the reporting period, or for the purposes of determining any other amount to be remitted or paid to the Receiver General in respect of the reporting period, is to be converted into that qualifying foreign currency using the exchange rate applicable on the last day of the reporting period or using any other conversion method that the Minister may allow.
Prohibition 211.2 No person shall, in respect of a supply of property
or a service made to a particular person who is a consumer of the property or service, provide to another person that is registered or required to be registered under this Subdivision evidence that the particular person is registered under Subdivision D of Division V.
Information return — accommodation platform operator 211.21 A person (other than a prescribed person) that,
at any time during a calendar year, is registered or required to be registered under this Subdivision or is a registrant and that is an accommodation platform operator in respect of a supply of short-term accommodation situated in Canada made in the calendar year shall file with the Minister an information return for the calendar year, in prescribed form containing prescribed information, before July of the following calendar year. The Minister may require that the information return be filed by way of electronic filing.
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Tangible Personal Property Definition of specified recipient 211.22 (1) In this section, specified recipient, in respect of a supply of property, means a person (other than a non-resident person that is not a consumer of the property) that is the recipient of the supply and that is not registered under Subdivision D of Division V.
Registration required (2) Every person that is a non-resident person that does
not at any time make supplies in the course of a business carried on in Canada or a distribution platform operator in respect of a supply made at any time is required at that time to be registered under Subdivision D of Division V if, for any period of 12 months (other than a period that begins before July 2021) that includes that time, the amount determined by the following formula is greater than $30,000: A+B
where A
is the total of all amounts, each of which is an amount that is, or that could reasonably be expected to be, the value of the consideration for a taxable supply that is, or that could reasonably be expected to be, a qualifying tangible personal property supply made during that period by the person to a specified recipient (other than a supply deemed to have been made by the person under subparagraph 211.23(1)(a)(i)); and
B
is (a) if the person is a distribution platform operator in respect of a qualifying tangible personal property supply made during that period through a specified distribution platform, the total of all amounts, each of which is an amount that is, or that could reasonably be expected to be, the value of the consideration for a supply that is, or that could reasonably be expected to be, a qualifying tangible personal property supply made during that period through the specified distribution platform to a specified recipient and in respect of which any person is a distribution platform operator, and (b) in any other case, zero.
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Qualifying supply — operator 211.23 (1) If a particular supply that is a qualifying tangible personal property supply is made through a specified distribution platform by a particular person that is not registered under Subdivision D of Division V and if another person that is registered under Subdivision D of Division V, or is carrying on a business in Canada, is a distribution platform operator in respect of the particular supply, the following rules apply: (a) for the purposes of this Part (other than for the
purposes of applying sections 148 and 249 in respect of the particular person and other than for the purposes of section 211.1, paragraph (a) of the description of B in subsection 211.22(2) and section 240) (i) the particular supply is deemed to have been made by the other person and not by the particular person, and (ii) the particular supply is deemed to be a taxable
supply; (b) for the purposes of this Part (other than sections 179 and 180), the other person is deemed not to have made a supply to the particular person of services relating to the particular supply; and (c) if the other person is registered under Subdivision
D of Division V, if the particular person has paid tax under Division III in respect of the importation of the tangible personal property, if no person is entitled to claim an input tax credit or a rebate under this Part in respect of the tax in respect of the importation, if no person is deemed under section 180 to have paid tax in respect of a supply of the tangible personal property that is equal to the tax in respect of the importation and if the particular person provides to the other person evidence satisfactory to the Minister that the tax in respect of the importation has been paid, (i) for the purposes of determining an input tax
credit of the other person, the other person is deemed (A) to have paid, at the time the particular person paid the tax in respect of the importation, tax in respect of a supply made to the other person of the tangible personal property equal to the tax in respect of the importation, and (B) to have acquired the tangible personal property for use exclusively in commercial activities of the other person, and (ii) no portion of the tax in respect of the importation paid by the particular person shall be rebated,
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refunded or remitted to the particular person, or shall otherwise be recovered by the particular person, under this or any other Act of Parliament.
Joint and several, or solidary, liability (2) If a particular person that is deemed under subparagraph (1)(a)(i) not to have made a supply made a false statement to another person that is deemed under that subparagraph to have made the supply and if the false statement is relevant to the determination of whether the other person is required to collect tax in respect of the supply or the determination of the amount of tax that the other person is required to collect in respect of the supply, the following rules apply: (a) the particular person and the other person are jointly and severally, or solidarily, liable for all obligations under this Part (in this subsection referred to as the “obligations in respect of the supply”) that arise upon or as a consequence of (i) the tax in respect of the supply becoming collectible by the other person, and (ii) a failure to account for or pay as and when required under this Part an amount of net tax of the other person, or an amount required under section 230.1 to be paid by the other person, that is reasonably attributable to the supply; (b) the Minister may assess the particular person for
any amount for which the particular person is liable under this subsection and sections 296 to 311 apply with any modifications that the circumstances require; and (c) if the other person did not know and could not
reasonably be expected to have known that the particular person made a false statement and if the other person relied in good faith on the false statement and, because of such reliance, did not charge, collect or remit all the tax in respect of the supply that the other person was required to charge, collect or remit, despite section 296, the Minister is not to assess the other person for any obligations in respect of the supply in excess of the obligations in respect of the supply that arise upon or as a consequence of the other person having charged, collected or remitted an amount of tax in respect of the supply.
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Joint and several, or solidary, liability (3) If a particular person provides to another person evidence that tax in respect of an importation has been paid, if the particular person made a false statement to the other person, if the false statement is relevant to the determination of whether paragraph (1)(c) is applicable in respect of the importation and if the other person claimed an input tax credit (in this subsection referred to as the “non-allowable input tax credit”) to which the other person was not entitled but to which the other person would have been entitled if paragraph (1)(c) were applicable in respect of the importation, the following rules apply: (a) the particular person and the other person are jointly and severally, or solidarily, liable for all obligations under this Part that arise upon or as a consequence of the other person having claimed the non-allowable input tax credit; (b) the Minister may assess the particular person for any amount for which the particular person is liable under this subsection and sections 296 to 311 apply with any modifications that the circumstances require; and (c) if the other person did not know and could not
reasonably be expected to have known that the particular person made a false statement and if the other person relied in good faith on the false statement and, because of such reliance, claimed the non-allowable input tax credit, despite section 296, the Minister is not to assess the other person for any obligations under this Part that arose upon or as a consequence of the other person having claimed the non-allowable input tax credit. Notification and records — warehouse 211.24 A particular person (other than a prescribed
person) that in the course of a business makes one or more particular supplies of a service of storing in Canada tangible personal property (other than a service that is incidental to the supply by the particular person of a freight transportation service, as defined in section 1 of Part VII of Schedule VI) offered for sale by another person that is a non-resident person shall (a) notify the Minister of this fact, in prescribed form containing prescribed information and filed with the Minister in prescribed manner, on or before (i) the day that is (A) if the particular person makes those particular supplies in the course of a business carried on as of July 1, 2021, January 1, 2022, and
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(B) in any other case, six months after the day
on which the particular person last began making those particular supplies in the course of a business, or (ii) any later day that the Minister may allow; and (b) in respect of those particular supplies, maintain records containing information specified by the Minister.
Information return — operator 211.25 A person (other than a prescribed person) that is a registrant at any time during a calendar year and that is a distribution platform operator in respect of a qualifying tangible personal property supply made in the calendar year shall file with the Minister an information return for the calendar year, in prescribed form containing prescribed information, before July of the following calendar year. The Minister may require that the information return be filed by way of electronic filing.
(2) Subsection (1) comes into force, or is deemed to have come into force, on July 1, 2021, except that (a) subsections 211.13(1) to (4) and section 211.14 of the Act, as enacted by subsection (1), apply (i) in respect of supplies made after June 2021, and (ii) in respect of supplies made before July 2021 if all or part of the consideration for the supply becomes due, or is paid without having become due, after June 2021; (b) sections 211.21 and 211.25 of the Act, as enacted by subsection (1), apply to 2021 and subsequent calendar years except that, in applying those sections to the 2021 calendar year, (i) the references to “a calendar year” in
those sections are to be read as references to “the period that begins on July 1, 2021 and ends on December 31, 2021”, and
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(ii) the references to “the calendar year” in those sections are to be read as references to “that period”; and (c) subsection 211.23(1) of the Act, as enacted
by subsection (1), applies (i) in respect of supplies made after June
2021, and (ii) in respect of supplies made before July 2021 if all of the consideration for the supply becomes due, or is paid without having become due, after June 2021. (3) For the purposes of applying sections 211.12 to 211.14 of the Act, as enacted by subsection (1), in respect of a supply in respect of which subparagraph (2)(a)(ii) applies, the supply is deemed to have been made on July 1, 2021. (4) If subparagraph (2)(a)(ii) and subsection
211.13(3) or (4) of the Act, as enacted by subsection (1), apply in respect of a supply of shortterm accommodation and if part of the consideration for the supply becomes due, or is paid without having become due, before July 2021, for the purposes of Division II of Part IX of the Act, that part of the consideration shall not be included in calculating the tax payable in respect of the supply. (5) If subparagraph (2)(a)(ii) and section 211.14 of the Act, as enacted by subsection (1), apply in respect of a supply that is a specified supply or a Canadian accommodation related supply, if paragraph 143(1)(c) of the Act does not apply in respect of the supply and if part of the consideration for the supply becomes due, or is paid without having become due, before July 2021, the following rules apply: (a) for the purposes of Division II of Part IX of
the Act, that part of the consideration is not to be included in calculating the tax payable in respect of the supply; and (b) for the purposes of Division IV of Part IX of
the Act, (i) despite section 211.14 of the Act, as enacted by subsection (1), the supply is deemed to be made outside Canada, and (ii) the part of the consideration for the supply that becomes due, or is paid without having become due, after June 2021 is not to
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be included in calculating the tax payable in respect of the supply. (6) For the purposes of applying sections 211.22 and 211.23 of the Act, as enacted by subsection (1), in respect of a supply in respect of which subparagraph (2)(c)(ii) applies, the supply is deemed to have been made on July 1, 2021.
108 (1) Subsection 240(2) of the Act is replaced by
the following: Non-resident supplier — tangible personal property (1.5) Despite subsection (1), every person that is required under section 211.22 to be registered under this Subdivision is required to be registered for the purposes of this Part.
Non-resident performers, etc. (2) Every person (other than a person registered under Subdivision E of Division II) that enters Canada for the purpose of making taxable supplies of admissions in respect of a place of amusement, a seminar, an activity or an event is required to be registered for the purposes of this Part and shall, before making any such supply, apply to the Minister for registration. (2) The portion of subsection 240(2.1) of the Act before paragraph (a) is replaced by the following:
Application (2.1) A person required under any of subsections (1) to (1.2) and (1.5) to be registered must apply to the Minister for registration before the day that is 30 days after (3) Subsection 240(2.1) of the Act is amended by striking out “and” at the end of paragraph (a.1) and by adding the following after that paragraph: (a.2) in the case of a person required under subsection (1.5) to be registered, the first day on which the person is required under section 211.22 to be registered under this Subdivision; and (4) The portion of subsection 240(3) of the Act before paragraph (a) is replaced by the following:
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Registration permitted (3) An application for registration for the purposes of this Part may be made to the Minister by any person that is not required under subsection (1), (1.1), (1.2), (1.5), (2) or (4) to be registered, that is not required to be included in, or added to, the registration of a group under subsection (1.3) or (1.4) and that (5) The portion of paragraph 240(3)(d) of the Act
after subparagraph (ii) is replaced by the following: if all or substantially all of the property of the other corporation is, for the purposes of section 186, property that was last manufactured, produced, acquired or imported by the other corporation for consumption, use or supply exclusively in the course of its commercial activities;
(6) Paragraph 240(3)(d) of the Act, as amended by
subsection (5), is replaced by the following: (d) is resident in Canada and is (i) a particular corporation, partnership or trust that owns units (as defined in subsection 186(0.1)) or holds indebtedness of a corporation that is, for the purposes of section 186, an operating corporation of the particular corporation, partnership or trust, or (ii) a particular corporation that is acquiring, or proposes to acquire, all or substantially all of the issued and outstanding shares of the capital stock of another corporation, having full voting rights under all circumstances, if all or substantially all of the property of the other corporation is, for the purposes of section 186, property that was last manufactured, produced, acquired or imported by the other corporation for consumption, use or supply exclusively in the course of its commercial activities,
(7) Subsections (1) to (4) come into force, or are deemed to have come into force, on July 1, 2021.
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(8) Subsection (5) applies in respect of any application for registration for the purposes of Part IX of the Act made on or before May 17, 2019. (9) Subsection (6) applies in respect of any application for registration for the purposes of Part IX of the Act made after May 17, 2019. 109 (1) Subsection 262(3) of the Act is replaced by the following:
Group of individuals (3) If a supply of a residential complex or a share of the
capital stock of a cooperative housing corporation is made to two or more individuals or if two or more individuals construct or substantially renovate, or engage another person to construct or substantially renovate, a residential complex, the following rules apply in respect of those individuals: (a) subject to paragraphs (b) and (c), the references in
sections 254 to 256 to a particular individual shall be read as references to all of those individuals as a group; (b) the references in paragraphs 254(2)(b), 254.1(2)(b)
and 255(2)(c) and 256(2)(a) and (2.2)(b) to the primary place of residence of the particular individual or a relation of the particular individual are to be read as references to the primary place of residence of any of those individuals or a relation of any of those individuals; (c) the references in clause 254(2)(g)(i)(A), subparagraphs 254.1(2)(g)(i), 255(2)(f)(i) and 256(2)(d)(i) and paragraph 256(2.2)(c) to the particular individual or a relation of the particular individual are to be read as references to any of those individuals or a relation of any of those individuals; and (d) only one of those individuals may apply for the rebate under section 254, 254.1, 255 or 256, as the case may be, in respect of the complex or share. (2) Subsection (1) applies in respect of (a) any rebate under subsection 254(2), 254.1(2)
or 255(2) of the Act in respect of which the agreement referred to in paragraph 254(2)(b), 254.1(2)(a) or 255(2)(c) of the Act, as the case may be, is entered into after April 19, 2021; and (b) any rebate under subsection 256(2) of the
Act
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(i) in respect of a residential complex (other
than a mobile home or floating home) if the construction or substantial renovation of the residential complex is substantially completed after April 19, 2021, or (ii) in respect of a mobile home or floating
home acquired or imported after April 19, 2021.
110 The Act is amended by adding the following after section 285.01:
Penalty 285.02 In addition to any other penalty under this Part, the recipient of a supply of property or a service that evades or attempts to evade the payment or collection of tax payable by the recipient under Division II in respect of the supply by providing false information to a particular person that is registered or required to be registered under Subdivision E of Division II or, if the recipient is a consumer of the property or service, by providing to the particular person evidence that the recipient is registered under Subdivision D of Division V is liable to pay a penalty equal to the greater of $250 and 50% of the amount of tax that has been evaded or attempted to be evaded. 111 (1) Subsection 286(1) of the Act is replaced by
the following: Keeping books and records 286 (1) Every person that carries on a business or is engaged in a commercial activity in Canada, every person that is required under this Part to file a return and every person that makes an application for a rebate or refund shall keep all records that are necessary to enable the determination of the person’s liabilities and obligations under this Part or the amount of any rebate or refund to which the person is entitled.
Minister may specify information (1.1) The Minister may specify the form a record is to
take and any information that the record shall contain. Language and location of record (1.2) Unless otherwise authorized by the Minister, a
record shall be kept in Canada in English or in French. (2) Subsection (1) comes into force, or is deemed to have come into force, on July 1, 2021.
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112 (1) The definition business number in subsection 295(1) of the Act is amended by striking out “or” at the end of paragraph (a) and by adding the following after that paragraph: (a.1) a person registered under Subdivision E of Division II; or (2) Paragraph 295(6.1)(a) of the Act is replaced by
the following: (a) the identified person is registered under Subdivision E of Division II or Subdivision D of Division V; and (3) Subsections (1) and (2) come into force, or are deemed to have come into force, on July 1, 2021.
113 Paragraph 298(1)(e) of the Act is replaced by
the following: (e) in the case of any penalty payable by the person,
other than a penalty under section 280.1, 285, 285.01, 285.02 or 285.1, more than four years after the person became liable to pay the penalty; 114 (1) Part II.1 of Schedule VI to the Act is amended by adding the following after section 1: 2 A supply of a face mask or respirator that is designed
for human use and is authorized for medical use in Canada. 3 A supply of a face mask or respirator that meets N95, KN95 or equivalent certification requirements, is designed for human use and does not have an exhalation valve or vent. 4 A supply of (a) a face mask or respirator that (i) is designed for human use, (ii) is made of multiple layers of dense material, but may have a portion in front of the lips made of transparent and impermeable material that permits lip reading provided that there is a tight seal between the transparent material and the rest of the face mask or respirator, (iii) is large enough to completely cover the nose,
mouth and chin without gaping, (iv) has ear loops, ties or straps for securing the
face mask or respirator to the head,
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(v) is for use in preventing the transmission of infectious agents such as respiratory viruses, and (vi) does not have an exhalation valve or vent; or (b) a prescribed mask or respirator.
5 A supply of (a) a face shield that is designed for human use, has a
transparent and impermeable window or visor, covers the entire face and has a head strap or cap for holding it in place, but not including a supply of a face shield specifically designed or marketed for a use other than preventing the transmission of infectious agents such as respiratory viruses; or (b) a prescribed shield. (2) Subsection (1) applies to supplies made after December 6, 2020. 115 (1) The portion of the definition freight transportation service in subsection 1(1) of Part VII of Schedule VI to the English version of the Act before paragraph (a) is replaced by the following:
freight transportation service means a particular service of transporting tangible personal property including (2) The definition freight transportation service in subsection 1(1) of Part VII of Schedule VI to the Act is amended by striking out “and” at the end of paragraph (a) and by adding the following after that paragraph: (a.1) a service of driving an automotive vehicle designed or adapted to be used on highways and streets for the purpose of delivering the vehicle to a destination, and (3) The portion of the definition freight transportation service in subsection 1(1) of Part VII of Schedule VI to the English version of the Act after paragraph (b) is replaced by the following:
but not including a service provided by the supplier of a passenger transportation service of transporting an individual’s baggage in connection with the passenger transportation service;
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(4) Subsections (1) to (3) are deemed to have
come into force on May 18, 2019 but also apply in respect of any supply made before that day if the supplier did not, before that day, charge, collect or remit any amount as or on account of tax under Part IX of the Act in respect of the supply.
SOR/2010-151
New Harmonized Value-added Tax System Regulations, No. 2 116 (1) Section 40 of the New Harmonized Valueadded Tax System Regulations, No. 2 is replaced by the following: Group of individuals 40 If a supply of a residential complex or a share of the
capital stock of a cooperative housing corporation is made to two or more individuals or if two or more individuals construct or substantially renovate, or engage another person to construct or substantially renovate, a residential complex, the following rules apply in respect of those individuals: (a) subject to paragraphs (b) and (c), the references in
sections 41, 43, 45 and 46 and the references in section 256.21 of the Act to an individual are to be read as references to all of those individuals as a group; (b) the references in subsection 41(2) and paragraphs 45(2)(a), 46(2)(a) and 46(5)(c) to the primary place of residence of an individual or a relation of the individual are to be read as references to the primary place of residence of any of those individuals or a relation of any of those individuals; (c) the reference in paragraph 46(5)(d) to the particular individual or a relation of the particular individual is to be read as a reference to any of those individuals or a relation of any of those individuals; and (d) only one of those individuals may apply for a rebate under subsection 256.21(1) of the Act in respect of the complex or share, the amount of which is determined under section 41, 43, 45 or 46. (2) Subsection (1) applies in respect of (a) any rebate under subsection 256.21(1) of the Excise Tax Act, the amount of which is determined under subsection 41(2), 43(1) or 45(2) of the Regulations, in respect of which the
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agreement referred to in paragraph 254(2)(b), 254.1(2)(a) or 255(2)(c) of that Act, as the case may be, is entered into after April 19, 2021; and (b) any rebate under subsection 256.21(1) of the
Excise Tax Act, the amount of which is determined under subsection 46(2) of the Regulations (i) in respect of a residential complex (other
than a mobile home or floating home) if the construction or substantial renovation of the residential complex is substantially completed after April 19, 2021, or (ii) in respect of a mobile home or floating
home acquired, imported or brought into a participating province after April 19, 2021.
PART 3
Amendments to the Excise Act, 2001 2002, c. 22
Excise Act, 2001 117 (1) The definition adjustment day in section 58.1 of the Excise Act, 2001 is amended by striking out “or” at the end of paragraph (a.1) and by adding the following after that paragraph: (a.2) April 20, 2021; or (2) Subsection (1) is deemed to have come into force on April 20, 2021. 118 (1) Section 58.2 of the Act is amended by
adding the following after subsection (1.1):
Imposition of tax — 2021 increase (1.2) Subject to section 58.3, every person shall pay to Her Majesty a tax on all taxed cigarettes of the person held at the beginning of April 20, 2021 at the rate of $0.02 per cigarette. (2) Subsection (1) is deemed to have come into
force on April 20, 2021.
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Chapter 23: Budget Implementation Act, 2021, No. 1 PART 3 Amendments to the Excise Act, 2001 Excise Act, 2001 Sections 119-125
119 (1) Subsection 58.5(1) of the Act is amended
by striking out “or” at the end of paragraph (a.1) and by adding the following after that paragraph: (a.2) in the case of the tax imposed under subsection 58.2(1.2), June 30, 2021; or (2) Subsection (1) is deemed to have come into force on April 20, 2021. 120 (1) Subsection 58.6(1) of the Act is amended
by striking out “or” at the end of paragraph (a.1) and by adding the following after that paragraph: (a.2) in the case of the tax imposed under subsection 58.2(1.2), June 30, 2021; or (2) Subsection (1) is deemed to have come into force on April 20, 2021. 121 (1) Paragraph 1(a) of Schedule 1 to the Act is
replaced by the following: (a) $0.72725; or (2) Subsection (1) is deemed to have come into force on April 20, 2021. 122 (1) Paragraph 2(a) of Schedule 1 to the Act is
replaced by the following: (a) $0.14545; or (2) Subsection (1) is deemed to have come into force on April 20, 2021. 123 (1) Paragraph 3(a) of Schedule 1 to the Act is
replaced by the following: (a) $9.09062; or (2) Subsection (1) is deemed to have come into
force on April 20, 2021. 124 (1) Paragraph 4(a) of Schedule 1 to the Act is replaced by the following: (a) $31.65673; or (2) Subsection (1) is deemed to have come into
force on April 20, 2021. 125 (1) Subparagraph (a)(i) of Schedule 2 to the Act is replaced by the following: (i) $0.11379, or (2) Subsection (1) is deemed to have come into force on April 20, 2021.
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PART 4
Various Measures DIVISION 1
Stability and Efficiency of the Financial Sector R.S., c. C-3
Canada Deposit Insurance Corporation Act 126 (1) Section 39.15 of the Canada Deposit Insurance Corporation Act is amended by adding the following after subsection (1):
Stay of proceedings — before conversion (1.1) If an order is made under paragraph 39.13(1)(d),
no person may terminate or amend any agreement with the federal member institution that is in relation to any of that institution’s shares or liabilities that are prescribed by the regulations made under subsection 39.2(10), claim an accelerated payment or forfeiture of the term under such an agreement or demand payment of any amount under such an agreement, by reason only of a monetary default by that institution in the performance of obligations under the agreement when that default occurs after the order was made but before a conversion under subsection 39.2(2.3) in respect of that institution. (2) Paragraph 39.15(2)(a) of the Act is replaced by
the following: (a) has the effect of providing for or permitting anything that, in substance, is contrary to paragraph (1)(e), subsection (1.1) or paragraph 39.13(3)(b); or (3) Subsection 39.15(7.12) of the Act is replaced by
the following: Exception (7.12) Subsection (7.1) does not apply in respect of an eligible financial contract between the federal member institution and (a) Her Majesty in right of Canada; (b) the government of a foreign country; (c) a central bank; or
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(d) a clearing house, unless the Corporation has given
the undertaking referred to in subsection (3.3) in respect of the institution. (4) Section 39.15 of the Act is amended by adding
the following after subsection (7.3):
Application of this section (7.4) A federal member institution that is part of a class
prescribed by the by-laws must ensure in accordance with the by-laws that this section — or provisions that have substantially the same effect as this section — applies to any eligible financial contract to which the institution is a party and that is part of a class prescribed by the by-laws.
By-laws (7.5) The Board may make by-laws respecting the manner in which a federal member institution referred to in subsection (7.4) is to ensure that this section — or provisions that have substantially the same effect as this section — applies to an eligible financial contract referred to in that subsection.
Different treatment (7.6) The by-laws made under subsection (7.5) may distinguish among classes of federal member institutions and classes of eligible financial contracts. (5) Paragraph (a) of the definition clearing house
in subsection 39.15(9) of the Act is replaced by the following: (a) a clearing house, as defined in section 2 of the
Payment Clearing and Settlement Act, that provides clearing, settlement or payment message exchange services for a clearing and settlement system designated under section 4 of that Act; or
127 (1) Paragraph 39.22(1)(a) of the Act is replaced by the following: (a) the day that is 12 months after the day on which the order is made under subsection 39.13(1); or (2) Subsection 39.22(3) of the Act is replaced by the following:
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Extension (3) The Governor in Council may, by order made on the recommendation of the Minister, grant one or more extensions of the period set out in subsection (1) but the last extension must expire not later than the day that is 18 months after the day on which the order is made under subsection 39.13(1). 128 Subsection 39.23(2) of the Act is replaced by
the following: Persons entitled to compensation (2) Only a prescribed person who is, as a result of the application of the regulations, in a worse financial position than they would have been had the federal member institution been liquidated under the Winding-up and Restructuring Act is entitled to be paid compensation. 129 Section 39.24 of the English version of the Act
is replaced by the following: Determination and decision conclusive 39.24 Except as otherwise provided in this Act, a determination or decision made by the Corporation under section 39.23 or by an assessor appointed under section 39.26 is for all purposes final and conclusive and shall not be questioned or reviewed in any court. 130 Section 39.26 of the Act is replaced by the following: Appointment of assessor 39.26 (1) In the circumstances prescribed by the regulations, the Governor in Council shall, by order, appoint as assessor a judge who is in receipt of a salary under the Judges Act to review a determination made by the Corporation under subsection 39.23(1).
Review (2) In reviewing the Corporation’s determination, the assessor shall decide whether the Corporation made its determination based on an erroneous finding of fact that it made in a perverse or capricious manner or without regard for the material before it or on an unreasonable estimate.
Confirmation of determination (3) If the assessor decides that the Corporation did not
make its determination based on such a finding of fact or on such an estimate, the assessor shall confirm the Corporation’s determination.
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Determination of amount (4) If the assessor decides that the Corporation made its
determination based on such a finding of fact or on such an estimate, the assessor shall determine, in accordance with the regulations and the by-laws, the amount of compensation, if any, to be paid to the prescribed person and substitute the assessor’s determination for the Corporation’s determination. 131 Subsection 39.28(2) of the Act is replaced by the following:
By-laws (2) The Corporation may make by-laws respecting compensation for the purposes of sections 39.23 and 39.26. 132 Section 6.1 of the schedule to the Act is repealed. 1996, c. 6, Sch.
Payment Clearing and Settlement Act 133 The definitions clearing and settlement system and clearing house in section 2 of the Payment Clearing and Settlement Act are replaced by the following: clearing and settlement system means a system or arrangement for the clearing or settlement of payment obligations or for the exchange of payment messages for the purpose of clearing or settlement of payment obligations that meets the following conditions: (a) there are at least three participants, at least one of
which is a Canadian participant and at least one of which has its head office in a jurisdiction other than the jurisdiction where the head office of the clearing house is located; (b) the clearing or settlement is wholly or partly in Canadian dollars; and (c) except in the case in which the payment obligations arise from derivatives contracts, the settlement is ultimately effected through adjustments to the account or accounts of one or more of the participants at the Bank.
For greater certainty, it includes a system or arrangement for the clearing or settlement of securities transactions, derivatives contracts, foreign exchange transactions or other transactions if the system or arrangement also clears or settles payment obligations arising from
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those transactions or exchanges payment messages for the purpose of clearing or settlement of such obligations. (système de compensation et de règlement) clearing house means a corporation, association, partnership, agency or other entity that provides clearing, settlement or payment message exchange services for a clearing and settlement system. It includes a securities and derivatives clearing house, as defined in subsection 13.1(3), but does not include a stock exchange or the Bank. (chambre de compensation) 134 Section 11.28 of the Act is replaced by the following: Appointment of assessor 11.28 (1) In the circumstances prescribed by the regulations, the Governor in Council shall, by order, appoint as assessor a judge of a superior court to review a determination made by the Bank under subsection 11.26(1).
Review (2) In reviewing the Bank’s determination, the assessor
shall decide whether the Bank made its determination based on an erroneous finding of fact that it made in a perverse or capricious manner or without regard for the material before it or on an unreasonable estimate. Confirmation of determination (3) If the assessor decides that the Bank did not make its determination based on such a finding of fact or on such an estimate, the assessor shall confirm the Bank’s determination.
Determination of amount (4) If the assessor decides that the Bank made its determination based on such a finding of fact or on such an estimate, the assessor shall determine, in accordance with the regulations, the amount of compensation, if any, to be paid to the prescribed person or entity and substitute the assessor’s determination for the Bank’s determination. 135 Section 11.3 of the Act is replaced by the following: Determination and decision final 11.3 A determination or decision made by an assessor
appointed under section 11.28 or, subject to that section, by the Bank under section 11.26 is for all purposes final. 136 (1) Subsection 14(1) of the Act is replaced by
the following:
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Information requests — systems or arrangements 14 (1) If the Governor of the Bank has reasonable grounds to believe that a system or arrangement exists for the clearing or settlement of payment obligations or for the exchange of payment messages for the purpose of clearing or settlement of payment obligations but requires further information in order to determine whether the system or arrangement is a clearing and settlement system, the Governor may, with the agreement of the Minister, request a person who is a party to the system or arrangement to provide the Bank with such information and documents regarding the system or arrangement as the Governor may require to make the determination. (2) The portion of subsection 14(3) of the Act before paragraph (a) is replaced by the following:
Risk information (3) Every clearing house shall provide the Bank with any
information and documents that the Governor of the Bank may require to enable them to determine whether the clearing and settlement system poses a systemic risk or payments system risk, including 137 Subsection 18(3) of the Act is replaced by the
following: Disclosure permitted (3) Nothing in subsection (1) prevents the Bank from disclosing any information regarding a clearing and settlement system that the Bank has designated under subsection 4(1) to any government authority or regulatory body charged with the regulation of systems or arrangements for the clearing or settlement of payment obligations or for the exchange of payment messages for the purpose of clearing or settlement of payment obligations, for purposes related to that regulation, if the Bank is satisfied that the information will be treated as confidential by the authority or body to which it is disclosed. 2018, c. 12
Budget Implementation Act, 2018, No. 1 138 (1) Section 212 of the Budget Implementation Act, 2018, No. 1 is amended by adding, after the subsection 6(5) that it enacts, the following:
Error or omission (6) An error or omission that results in a failure to meet
a requirement of this schedule does not prevent a deposit
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from being considered a separate deposit under subsection (1), (2) or (3) if (a) the trustee is aware of the error or omission and has made their best efforts to correct it; or (b) the trustee is not aware of the error or omission but has exercised due diligence to be in compliance with the requirements of this schedule. (2) Section 212 of the Act is amended by adding,
after the section 6 that it enacts, the following:
Deposit considered separate 6.1 (1) A deposit that is not considered to be a separate deposit under section 6 is considered to be a separate deposit under that section if the trustee of the deposit meets the requirements of this schedule on the determination date or within 90 days after the determination date.
Definition of determination date (2) In subsection (1), determination date has the same
meaning as in subsection 1(1) of the Canada Deposit Insurance Corporation Co-owned and Trust Deposit Disclosure By-law.
Coming into Force Order in council 139 (1) Sections 129 to 131 come into force on a day to be fixed by order of the Governor in Council.
2018, c. 12 — second anniversary (2) Section 132 comes into force on the second anniversary of the day on which section 212 of the Budget Implementation Act, 2018, No. 1 comes into force.
DIVISION 2
Unclaimed Amounts R.S., c. B-2
Bank of Canada Act 140 Subsection 22(1.4) of the Bank of Canada Act
is replaced by the following:
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Publication (1.31) The Bank may publish on its website information about a debt, instrument, claim or returned payment referred to in subsections (1) to (1.21), respectively, in order to facilitate research into them, but the information published must not include any date of birth or Social Insurance Number.
Application (1.4) Subsections (1) to (1.31) also apply in respect of amounts paid to the Bank before the coming into force of this subsection. R.S., c. 32 (2nd Supp.)
Pension Benefits Standards Act, 1985 141 (1) Subsections 10.3(1) to (3) of the Pension Benefits Standards Act, 1985 are replaced by the following:
Designated entity 10.3 (1) The Minister may, with the approval of the Governor in Council, designate an entity, as defined in section 2 of the Bank Act, for the purposes, among others, of receiving and holding the assets of a pension plan relating to the pension benefit credit of any person who cannot be located, and of disbursing those assets in a lump sum.
Transfer (2) In the case of the termination of the whole of a pension plan or in the prescribed circumstances, the administrator of the pension plan or — with the approval of the Superintendent — the trustee or custodian of the pension fund may, subject to subsection (3) and the regulations, transfer to the designated entity the assets of the plan relating to the pension benefit credit of any person who cannot be located.
Conditions (3) The transfer of assets to the designated entity may be
made only if (a) in the case of the termination of the whole of a pension plan, the prior consent of the Superintendent has been obtained; or (b) in the case of a pension plan other than one that is terminated in whole, the conditions specified by the Superintendent have been met or, if they have not been met or none have been specified, the prior consent of the Superintendent has been obtained.
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Obligation satisfied (3.1) A transfer of the assets of a pension plan relating to
the pension benefit credit of a person who cannot be located satisfies the obligation under the plan to provide (a) a pension benefit in respect of that person; (b) any other benefit or option described in paragraph 17(b) that relates to that pension benefit; and (c) the portion of any surplus that is allocated to that
person. Claims (3.2) A claim is not to be made for a benefit, an option or a portion of any surplus referred to in subsection (3.1) from the designated entity. However, prescribed persons may make a claim for payment of a lump sum from the designated entity in respect of the assets that were transferred to it, but the designated entity is not liable to pay more than the amount of the total value of those assets.
Information (3.3) On the transfer of assets under subsection (2), the
administrator of the pension plan or the trustee or custodian of the pension fund, as the case may be, must provide the designated entity with the prescribed information, to the extent that they have the information, relating to the pension benefit credit and the person who cannot be located. Publication of information (3.4) The designated entity may publish prescribed information relating to the assets that are transferred to it under subsection (2). (2) Subsection 10.3(5) of the Act is replaced by the
following: Limitation period or prescription (5) On the transfer of assets to Her Majesty in right of
Canada, a claim to those assets may no longer be made.
Surplus (6) For the purposes of this section, the assets of a pension plan relating to the pension benefit credit of a person who cannot be located include the portion of any surplus that is allocated to that person. 142 Paragraphs 39(1)(c.1) to (c.4) of the Act are
replaced by the following:
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(c.1) respecting the transfer of assets under subsection 10.3(2), including the determination of the amount of assets to be transferred and the conditions under which those assets may be transferred; (c.2) respecting the entity designated under subsection 10.3(1); (c.3) respecting the holding by the entity designated under subsection 10.3(1) of assets relating to the pension benefit credit of any person who cannot be located, the making of claims for those assets and their disbursement; (c.4) respecting the transfer of assets to Her Majesty in right of Canada under subsection 10.3(4); 1991, c. 45
Trust and Loan Companies Act 143 (1) The portion of paragraph 424(1)(a) of the Trust and Loan Companies Act before subparagraph (i) is replaced by the following: (a) a deposit has been made in Canada that is payable
in Canada and in respect of which no transaction has taken place and no statement of account has been requested or acknowledged by the creditor during a period of 10 years
(2) Paragraph 424(1)(b) of the Act is replaced by
the following: (b) a cheque, draft or bill of exchange (including any
of those instruments drawn by one branch of a company on another of its branches but not including an instrument issued in payment of a dividend on the capital of a company) payable in Canada has been issued, certified or accepted by a company in Canada and no payment has been made in respect of it for a period of 10 years after the date of issue, certification, acceptance or maturity, whichever is later, (3) Section 424 of the Act is amended by adding
the following after subsection (1): Exchange rate (1.1) If a deposit referred to in paragraph (1)(a) or an instrument referred to in paragraph (1)(b) is not in Canadian currency, then, before paying to the Bank of Canada the amount required by subsection (1), the company
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shall convert the amount of the deposit or instrument to Canadian currency at a rate of exchange determined in accordance with rules prescribed under subsection 26.03(2) of the Canada Deposit Insurance Corporation Act. (4) Subparagraph 424(2)(a)(i) of the Act is replaced by the following: (i) the name of the depositor in whose name the deposit is held, as well as their date of birth and Social Insurance Number, if they are a natural person, (5) Subparagraph 424(2)(b)(i) of the Act is replaced by the following: (i) the name of the person to whom or at whose request the instrument was issued, certified or accepted, as well as their date of birth and Social Insurance Number, if they are a natural person, (6) Subsection 424(2.1) of the Act is replaced by
the following: Copies of signature cards and signing authorities (2.1) A company shall provide the Bank of Canada with
copies of signature cards and signing authorities relating to any deposit or instrument in respect of which it has made a payment under subsection (1). If it does not have any with respect to a deposit or instrument to which the request relates, it shall so inform the Bank of Canada. 144 Subsection 425(1) of the Act is replaced by the following:
Notice of unpaid amount 425 (1) A company shall send, by mail and by electronic
means, to each person to whom a deposit referred to in paragraph 424(1)(a) is payable, or to each person to whom or at whose request an instrument referred to in paragraph 424(1)(b) was issued, certified or accepted, at their recorded address and electronic address in so far as they are known to the company, a notice stating that the deposit or instrument remains unpaid. 1991, c. 46
Bank Act 145 (1) The portion of paragraph 438(1)(a) of the Bank Act before subparagraph (i) is replaced by the following: (a) a deposit has been made in Canada that is payable in Canada and in respect of which no transaction has taken place and no statement of account has been
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requested or acknowledged by the creditor during a period of 10 years
(2) Paragraph 438(1)(b) of the Act is replaced by
the following: (b) a cheque, draft or bill of exchange (including any
of those instruments drawn by one branch of a bank on another of its branches but not including an instrument issued in payment of a dividend on the capital of a bank) payable in Canada has been issued, certified or accepted by a bank in Canada and no payment has been made in respect of it for a period of 10 years after the date of issue, certification, acceptance or maturity, whichever is later, (3) Section 438 of the Act is amended by adding
the following after subsection (1): Exchange rate (1.1) If a deposit referred to in paragraph (1)(a) or an instrument referred to in paragraph (1)(b) is not in Canadian currency, then, before paying to the Bank of Canada the amount required by subsection (1), the bank shall convert the amount of the deposit or instrument to Canadian currency at a rate of exchange determined in accordance with rules prescribed under subsection 26.03(2) of the Canada Deposit Insurance Corporation Act. (4) Subparagraph 438(2)(a)(i) of the Act is replaced by the following: (i) the name of the depositor in whose name the deposit is held, as well as their date of birth and Social Insurance Number, if they are a natural person, (5) Subparagraph 438(2)(b)(i) of the Act is replaced by the following: (i) the name of the person to whom or at whose request the instrument was issued, certified or accepted, as well as their date of birth and Social Insurance Number, if they are a natural person, (6) Subsection 438(2.1) of the Act is replaced by
the following: Copies of signature cards and signing authorities (2.1) A bank shall provide the Bank of Canada with
copies of signature cards and signing authorities relating to any deposit or instrument in respect of which it has made a payment under subsection (1). If it does not have
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Chapter 23: Budget Implementation Act, 2021, No. 1 PART 4 Various Measures DIVISION 2 Unclaimed Amounts Bank Act Sections 145-147
any with respect to a deposit or instrument to which the request relates, it shall so inform the Bank of Canada. 146 Subsection 439(1) of the Act is replaced by the following:
Notice of unpaid amount 439 (1) A bank shall send, by mail and by electronic
means, to each person to whom a deposit referred to in paragraph 438(1)(a) is payable, or to each person to whom or at whose request an instrument referred to in paragraph 438(1)(b) was issued, certified or accepted, at their recorded address and electronic address in so far as they are known to the bank, a notice stating that the deposit or instrument remains unpaid. 147 (1) The portion of paragraph 557(1)(a) of the
Act before subparagraph (i) is replaced by the following: (a) a deposit has been made in Canada that is payable in Canada and in respect of which no transaction has taken place and no statement of account has been requested or acknowledged by the creditor during a period of 10 years
(2) Paragraph 557(1)(b) of the Act is replaced by the following: (b) a cheque, draft or bill of exchange (including any
of those instruments drawn by one branch of an authorized foreign bank on another of its branches but not including an instrument issued in payment of a dividend on the capital of an authorized foreign bank) payable in Canada has been issued, certified or accepted by an authorized foreign bank in Canada and no payment has been made in respect of it for a period of 10 years after the date of issue, certification, acceptance or maturity, whichever is later, (3) Section 557 of the Act is amended by adding the following after subsection (1):
Exchange rate (1.1) If a deposit referred to in paragraph (1)(a) or an instrument referred to in paragraph (1)(b) is not in Canadian currency, then, before paying to the Bank of Canada the amount required by subsection (1), the authorized foreign bank shall convert the amount of the deposit or instrument to Canadian currency at a rate of exchange determined in accordance with rules prescribed under
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subsection 26.03(2) of the Canada Deposit Insurance Corporation Act. (4) Subparagraph 557(2)(a)(i) of the Act is replaced by the following: (i) the name of the depositor in whose name the deposit is held, as well as their date of birth and Social Insurance Number, if they are a natural person, (5) Subparagraph 557(2)(b)(i) of the Act is replaced by the following: (i) the name of the person to whom or at whose request the instrument was issued, certified or accepted, as well as their date of birth and Social Insurance Number, if they are a natural person, (6) Subsection 557(2.1) of the Act is replaced by
the following: Copies of signature cards and signing authorities (2.1) An authorized foreign bank shall provide the Bank
of Canada with copies of signature cards and signing authorities relating to any deposit or instrument in respect of which it has made a payment under subsection (1). If it does not have any with respect to a deposit or instrument to which the request relates, it shall so inform the Bank of Canada. 148 Subsection 558(1) of the Act is replaced by the following:
Notice of unpaid amount 558 (1) An authorized foreign bank shall send, by mail and by electronic means, to each person to whom a deposit referred to in paragraph 557(1)(a) is payable, or to each person to whom or at whose request an instrument referred to in paragraph 557(1)(b) was issued, certified or accepted, at their recorded address and electronic address in so far as they are known to the authorized foreign bank, a notice stating that the deposit or instrument remains unpaid.
Coordinating Amendments 2007, c. 6 149 (1) In this section, other Act means An Act to amend the law governing financial institutions and to provide for related and consequential matters. (2) If section 362 of the other Act comes into force before section 144 of this Act, then that section 144 is repealed.
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(3) If section 362 of the other Act comes into force on the same day as section 144 of this Act, then that section 144 is deemed to have come into force before that section 362. (4) If subsection 30(1) of the other Act comes into
force before section 146 of this Act, then that section 146 is repealed. (5) If subsection 30(1) of the other Act comes into force on the same day as section 146 of this Act, then that section 146 is deemed to have come into force before that subsection 30(1). (6) If subsection 88(1) of the other Act comes into force before section 148 of this Act, then that section 148 is repealed. (7) If subsection 88(1) of the other Act comes into force on the same day as section 148 of this Act, then that section 148 is deemed to have come into force before that subsection 88(1).
Coming into Force Order in council 150 (1) Sections 140 and 143 to 148 come into force
on a day to be fixed by order of the Governor in Council. Order in council (2) Sections 141 and 142 come into force on a day
to be fixed by order of the Governor in Council.
DIVISION 3 2018, c. 27
Budget Implementation Act, 2018, No. 2 Amendments to the Act 151 (1) Section 329 of the Budget Implementation Act, 2018, No. 2 is amended by replacing the portion of subsection 627.1(1) before paragraph (a) that it enacts with the following:
Cancellation periods — products or services 627.1 (1) Subject to subsection (1.1), if an institution enters into an agreement with a person in respect of a product or service in Canada — other than a prescribed product or service or a product or service referred to in section 627.11 — to be provided on an ongoing basis, the
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institution shall allow the person to cancel the agreement, (2) Section 329 of the Act is amended by adding, after the subsection 627.1(1) that it enacts, the following:
Exception (1.1) Subsection (1) does not apply to a body corporate,
trust or partnership if it is a business that is not an eligible enterprise.
Coordinating Amendments 2018, c. 27 152 (1) In this section, other Act means the Budget Implementation Act, 2018, No. 2. (2) If section 329 of the other Act comes into force before section 151 of this Act, then (a) that section 151 is deemed never to have come into force and is repealed; (b) the portion of subsection 627.1(1) of the Bank Act before paragraph (a) is replaced by the following:
Cancellation periods — products or services 627.1 (1) Subject to subsection (1.1), if an institution enters into an agreement with a person in respect of a product or service in Canada — other than a prescribed product or service or a product or service referred to in section 627.11 — to be provided on an ongoing basis, the institution shall allow the person to cancel the agreement, (c) section 627.1 of the Bank Act is amended by
adding the following after subsection (1): Exception (1.1) Subsection (1) does not apply to a body corporate, trust or partnership if it is a business that is not an eligible enterprise. (3) If section 151 of this Act comes into force on the same day as section 329 of the other Act, then that section 151 is deemed to have come into force before that section 329.
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DIVISION 4
Sunset Provisions 1991, c. 45
Trust and Loan Companies Act 153 (1) Subsection 20(1) of the Trust and Loan Companies Act is replaced by the following:
Sunset provision 20 (1) Subject to subsections (2) and (4), companies
shall not carry on business after June 30, 2025. (2) Subsection 20(4) of the Act is replaced by the following:
Exception — dissolution (4) If Parliament dissolves on the day set out in subsection (1) or on any day within the six-month period before that day or on any day within an extension ordered under subsection (2), companies may continue to carry on business until the end of the 180th day after the first day of the first session of the next Parliament. 1991, c. 46
Bank Act 154 (1) Subsection 21(1) of the Bank Act is replaced by the following: Sunset provision 21 (1) Subject to subsections (2) and (4), banks shall not
carry on business, and authorized foreign banks shall not carry on business in Canada, after June 30, 2025. (2) Subsection 21(4) of the Act is replaced by the
following: Exception — dissolution (4) If Parliament dissolves on the day set out in subsection (1) or on any day within the six-month period before that day or on any day within an extension ordered under subsection (2), banks may continue to carry on business, and authorized foreign banks may continue to carry on business in Canada, until the end of the 180th day after the first day of the first session of the next Parliament.
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155 (1) Subsection 670(1) of the Act is replaced by the following:
Sunset provision 670 (1) Subject to subsections (2) and (4), bank holding
companies shall not carry on business after June 30, 2025. (2) Subsection 670(4) of the Act is replaced by the
following: Exception — dissolution (4) If Parliament dissolves on the day set out in subsection (1) or on any day within the six-month period before that day or on any day within an extension ordered under subsection (2), bank holding companies may continue to carry on business until the end of the 180th day after the first day of the first session of the next Parliament.
1991, c. 47
Insurance Companies Act 156 (1) Subsection 21(1) of the Insurance Companies Act is replaced by the following: Sunset provision 21 (1) Subject to subsections (2) and (4), companies and societies shall not carry on business, and foreign companies shall not carry on business in Canada, after June 30, 2025. (2) Subsection 21(4) of the Act is replaced by the following:
Exception — dissolution (4) If Parliament dissolves on the day set out in subsection (1) or on any day within the six-month period before that day or on any day within an extension ordered under subsection (2), companies and societies may continue to carry on business, and foreign companies may continue to carry on business in Canada, until the end of the 180th day after the first day of the first session of the next Parliament. 157 (1) Subsection 707(1) of the Act is replaced by
the following: Sunset provision 707 (1) Subject to subsections (2) and (4), insurance
holding companies shall not carry on business after June 30, 2025.
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(2) Subsection 707(4) of the Act is replaced by the following:
Exception — dissolution (4) If Parliament dissolves on the day set out in subsection (1) or on any day within the six-month period before that day or on any day within an extension ordered under subsection (2), insurance holding companies may continue to carry on business until the end of the 180th day after the first day of the first session of the next Parliament.
DIVISION 5 2017, c. 21
Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) 158 Subsection 7(1) of the Justice for Victims of
Corrupt Foreign Officials Act (Sergei Magnitsky Law) is replaced by the following:
Duty to disclose — supervising and regulating agencies 7 (1) If it determines that it is in possession or control of
any property referred to in section 6, an entity referred to in that section must disclose without delay, and once every three months after that, to the principal agency or body that supervises or regulates it under federal or provincial law the fact that it is in possession or control of the property, the number of persons or dealings involved and the total value of the property.
DIVISION 6 2000, c. 17; 2001, c. 41, s. 48
Proceeds of Crime (Money Laundering) and Terrorist Financing Act Amendments to the Act 159 (1) Paragraph 5(h) of the Proceeds of Crime
(Money Laundering) and Terrorist Financing Act is amended by adding the following after subparagraph (ii):
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(ii.1) transporting currency or money orders, traveller’s cheques or other similar negotiable instruments except for cheques payable to a named person or entity, (2) Paragraph 5(h.1) of the Act is amended by adding the following after subparagraph (ii): (ii.1) transporting currency or money orders, traveller’s cheques or other similar negotiable instruments except for cheques payable to a named person or entity, 160 (1) The definition head of an international organization in subsection 9.3(3) of the Act is replaced by the following:
head of an international organization means a person who, at a given time, holds — or has held within a prescribed period before that time — the office or position of head of (a) an international organization that is established by
the governments of states; (b) an institution of an organization referred to in paragraph (a); or (c) an international sports organization. (dirigeant d’une organisation internationale) (2) The portion of the definition politically exposed domestic person in subsection 9.3(3) of the Act before paragraph (a) is replaced by the following:
politically exposed domestic person means a person who, at a given time, holds — or has held within a prescribed period before that time — one of the offices or positions referred to in any of paragraphs (a) and (c) to (j) in or on behalf of the federal government or a provincial government or any of the offices or positions referred to in paragraphs (b) and (k): (3) Paragraph (b) of the definition politically exposed domestic person in subsection 9.3(3) of the Act is replaced by the following: (b) member of the Senate or House of Commons or member of the legislature of a province; (4) Paragraph (k) of the definition politically exposed domestic person in subsection 9.3(3) of the Act is replaced by the following:
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(k) mayor, reeve or other similar chief officer of a municipal or local government. (national politiquement vulnérable) 161 Subsection 9.6(3) of the French version of the
Act is replaced by the following: Mesures spéciales (3) La personne ou entité prend les mesures spéciales prévues par règlement dans les circonstances réglementaires ou si, à tout moment, elle estime que les risques visés au paragraphe (2) sont élevés. 162 (1) Subsection 11.11(1) of the Act is amended
by adding the following after paragraph (b.1): (b.2) a foreign national, as defined in section 2 of the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law), who is the subject of an order or regulation made under paragraph 4(1)(a) of that Act or whose property is the subject of an order made under paragraph 4(1)(b) of that Act; (b.3) a politically exposed foreign person, as defined in subsection 2(1) of the Freezing Assets of Corrupt Foreign Officials Act, whose property is the subject of an order or regulation under paragraph 4(1)(a) or an order under paragraph 4(1)(b) of that Act; (2) Subparagraph 11.11(1)(c)(iv) of the Act is replaced by the following: (iv) an offence under any of sections 83.18 to 83.231, 99 and 100, subsection 163.1(3) and sections 279.01 to 279.02, 286.2, 346, 354 and 467.11 to 467.13 of the Criminal Code, or an offence under the laws of a foreign state that is substantially similar to such an offence, (iv.1) an offence under section 117 or 118 of the
Immigration and Refugee Protection Act, an offence under section 131 of that Act in relation to an offence under section 117 or 118 of that Act, or an offence under the laws of a foreign state that is substantially similar to such an offence, or (3) Paragraph 11.11(1)(d) of the Act is amended by striking out “or” at the end of subparagraph (iii) and by adding the following after subparagraph (iv): (v) section 159 of the Customs Act, or
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(vi) subsection 239(1) or (1.1) of the Income Tax
Act; 163 Paragraph 11.42(2)(b) of the Act is replaced by the following: (b) the exercise of customer due diligence, including ascertaining the source of funds or of virtual currency in any financial transaction, the purpose of any financial transaction or the beneficial ownership or control of any entity; 164 The Act is amended by adding the following after section 50:
Appropriation Advance amounts out of C.R.F. 50.1 (1) Subject to subsection (2), the Minister may, in any fiscal year on terms and conditions — including the rate of interest, if any — that are determined by the Minister, advance amounts out of the Consolidated Revenue Fund to the Centre to permit it to defray its costs of operation.
Spending authority (2) In carrying out its responsibilities, the Centre may spend assessments and other revenues received through the conduct of its operations in the fiscal year in which they are received or, unless an appropriation Act provides otherwise, in the next fiscal year. The amount of those assessments or other revenues shall be paid out of the Consolidated Revenue Fund.
Payment for activity (3) If the Centre carries on any activity under paragraph
58(1)(b) or (c) on the Minister’s recommendation, the Minister may on terms and conditions approved by the Treasury Board, in any fiscal year, make a payment out of the Consolidated Revenue Fund to the Centre for the purposes of the activity. 165 The Act is amended by adding the following after section 51:
Assessments Centre to ascertain expenses 51.1 (1) The Centre shall, before December 31 in each year, ascertain the total amount of prescribed expenses — excluding the expenses incurred for the disclosure of designated information under subsection 55(3), 55.1(1) or 56.1(1), (2) or (3) and for the analysis and assessment of
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reports and information made for the purposes of that disclosure — incurred during the immediately preceding fiscal year for or in connection with the administration of this Act. Amount conclusive (2) The amount ascertained under subsection (1) is final
and conclusive for the purposes of this section. Assessment (3) As soon as feasible after ascertaining the amount under subsection (1), the Centre shall assess a portion of the total amount of expenses against every prescribed person or entity referred to in section 5 to the prescribed extent and in the prescribed manner. Interim assessment (4) The Centre may, during each fiscal year, make an interim assessment against any person or entity referred to in section 5.
Assessment of particular expenses 51.2 (1) The Centre may assess against a person or entity referred to in section 5 a prescribed charge and applicable disbursements for any prescribed service provided to them by or on behalf of the Centre.
Interim assessment (2) The Centre may, during each fiscal year, make an interim assessment against the person or entity towards the amount to be assessed against them under subsection (1).
Prescribed information 51.3 (1) For the purposes of making an assessment or
interim assessment under section 51.1 or 51.2, the Centre may collect prescribed information that is (a) publicly available; (b) provided to the Centre under an agreement entered into under subsection 66(1); or (c) provided to the Centre under subsection (2).
Request by Centre (2) For the purposes of paragraph (1)(c), the Centre may
request that a person or entity referred to in section 5 provide the Centre with the prescribed information. The person or entity shall comply with the Centre’s request in the prescribed time and manner.
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Assessment binding 51.4 (1) Every assessment and interim assessment made under section 51.1 or 51.2 is final and conclusive and binding on the person or entity against which it is made.
Recovery (2) Every assessment and interim assessment constitutes
a debt due to Her Majesty in right of Canada, is immediately payable and may be recovered as a debt in any court of competent jurisdiction. Interest (3) Interest may be charged on the unpaid amount of an assessment or interim assessment at a rate equal to the rate prescribed under the Income Tax Act for amounts payable by the Minister of National Revenue as refunds of overpayments of tax under that Act in effect from time to time plus 2%. 166 Section 54 of the Act is amended by adding the following after subsection (1):
Information required for analysis and assessment (1.1) For greater certainty, if the Centre receives a report from a person or entity referred to in section 5, the Centre may, for the purposes of paragraph (1)(c), request that the person or entity provide any information required in the report. 167 (1) The portion of subsection 55(1) of the Act before paragraph (a) is replaced by the following:
Disclosure by Centre prohibited 55 (1) Subject to subsections (3) and (6.1), sections 52, 53.1, 53.4, 53.5, 55.1, 56.1 and 56.2, subsection 58(1) and sections 58.1, 65 to 65.1 and 68.1 of this Act and to subsection 12(1) of the Privacy Act, the Centre shall not disclose the following: (2) Paragraph 55(7)(a) of the French version of
the Act is replaced by the following: a) le nom de toute personne ou entité qui participe à l’opération financière effectuée ou tentée, à l’importation ou à l’exportation ou de toute personne ou entité agissant pour son compte, ainsi que le genre et la profession, le métier ou l’entreprise de ces personnes et l’entreprise de ces entités;
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(3) Paragraphs 55(7)(b) to (d) of the Act are replaced by the following: (b) the name and address of the place of business
where the transaction or attempted transaction occurred or the address of the customs office where the importation or exportation occurred, and the date the transaction, attempted transaction, importation or exportation occurred; (c) the amount and type of currency or monetary instruments involved or, in the case of a transaction or attempted transaction, if no currency or monetary instruments are involved, the value of the transaction or attempted transaction or the value of the funds that are the subject of the transaction or attempted transaction; (d) in the case of a transaction or attempted transaction, the transaction number and the account number; (d.1) in the case of a transaction or attempted transaction involving virtual currency, transaction identifiers, including sending and receiving addresses; (d.2) in the case of a transaction or attempted transaction, the source of funds or of virtual currency and other related information including the name of the person or entity that is the source of funds or virtual currency, as well as the person or entity’s account number, policy number or identifying number associated with the funds or virtual currency; (4) Paragraphs 55(7)(j) and (k) of the French version of the Act are replaced by the following: j) le nom de toute personne ou entité visée à l’alinéa a) que le Centre soupçonne, pour des motifs raisonnables, de diriger, directement ou indirectement, l’opération financière effectuée ou tentée, l’importation ou l’exportation; k) les motifs sur lesquels une personne ou entité s’est
fondée pour faire une déclaration visée à l’article 7 concernant l’opération financière effectuée ou tentée et toute mesure qu’elle a prise sur la base des soupçons qui l’ont menée à faire la déclaration; (5) Paragraph 55(7)(n) of the French version of the Act is replaced by the following: n) les indices de toute infraction de recyclage des produits de la criminalité ou d’infraction de financement des activités terroristes entachant l’opération financière effectuée ou tentée, l’importation ou l’exportation;
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(6) Paragraph 55(7)(p) of the French version of
the Act is replaced by the following: p) lorsqu’il s’agit d’un télévirement au sens du Règlement sur le recyclage des produits de la criminalité et le financement des activités terroristes, les renseignements relatifs à l’opération financière contenus dans une déclaration visée à l’article 9 s’ils sont des précisions relatives au paiement au client bénéficiaire, au sens donné à ce terme par la Society for Worldwide Interbank Financial Telecommunication; (7) Paragraphs 55(7)(r) and (s) of the Act are replaced by the following: (r) if an entity referred to in paragraph (a) is a trust,
the name, address, electronic mail address and telephone number of every trustee and every known beneficiary and settlor of the trust; (s) the name, address, electronic mail address and telephone number of each person who owns or controls, directly or indirectly, 25% or more of an entity referred to in paragraph (a), other than a trust, unless the trust is widely held or publicly traded; and 168 (1) Paragraph 55.1(1)(e) of the Act is replaced
by the following: (e) the Department of National Defence and the Canadian Forces, if the Centre also has reasonable grounds to suspect that the information is relevant to the conduct of the Department’s or the Canadian Forces’ investigative activities related to such a threat. (2) Paragraph 55.1(3)(a) of the French version of the Act is replaced by the following: a) le nom de toute personne ou entité qui participe à
l’opération financière effectuée ou tentée, à l’importation ou à l’exportation ou de toute personne ou entité agissant pour son compte, ainsi que le genre et la profession, le métier ou l’entreprise de ces personnes et l’entreprise de ces entités; (3) Paragraphs 55.1(3)(b) to (d) of the Act are replaced by the following: (b) the name and address of the place of business
where the transaction or attempted transaction occurred or the address of the customs office where the importation or exportation occurred, and the date the transaction, attempted transaction, importation or exportation occurred;
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(c) the amount and type of currency or monetary instruments involved or, in the case of a transaction or attempted transaction, if no currency or monetary instruments are involved, the value of the transaction or attempted transaction or the value of the funds that are the subject of the transaction or attempted transaction; (d) in the case of a transaction or attempted transaction, the transaction number and the account number; (d.1) in the case of a transaction or attempted transaction involving virtual currency, transaction identifiers, including sending and receiving addresses; (d.2) in the case of a transaction or attempted transaction, the source of funds or of virtual currency and other related information including the name of the person or entity that is the source of funds or virtual currency, as well as the person or entity’s account number, policy number or identifying number associated with the funds or virtual currency; (4) Paragraphs 55.1(3)(j) and (k) of the French
version of the Act are replaced by the following: j) le nom de toute personne ou entité visée à l’alinéa a) que le Centre soupçonne, pour des motifs raisonnables, de diriger, directement ou indirectement, l’opération financière effectuée ou tentée, l’importation ou l’exportation; k) les motifs sur lesquels une personne ou entité s’est
fondée pour faire une déclaration visée à l’article 7 concernant l’opération financière effectuée ou tentée et toute mesure qu’elle a prise sur la base des soupçons qui l’ont menée à faire la déclaration; (5) Paragraph 55.1(3)(n) of the French version of the Act is replaced by the following: n) les indices de toute infraction de recyclage des produits de la criminalité, d’infraction de financement des activités terroristes ou de menaces envers la sécurité du Canada entachant l’opération financière effectuée ou tentée, l’importation ou l’exportation; (6) Paragraph 55.1(3)(p) of the French version of
the Act is replaced by the following: p) lorsqu’il s’agit d’un télévirement au sens du Règlement sur le recyclage des produits de la criminalité et le financement des activités terroristes, les renseignements relatifs à l’opération financière contenus dans une déclaration visée à l’article 9 s’ils sont des précisions relatives au paiement au client bénéficiaire, au
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sens donné à ce terme par la Society for Worldwide Interbank Financial Telecommunication; (7) Paragraphs 55.1(3)(r) and (s) of the Act are replaced by the following: (r) if an entity referred to in paragraph (a) is a trust, the name, address, electronic mail address and telephone number of every trustee and every known beneficiary and settlor of the trust; (s) the name, address, electronic mail address and telephone number of each person who owns or controls, directly or indirectly, 25% or more of an entity referred to in paragraph (a), other than a trust, unless the trust is widely held or publicly traded; and 169 (1) Paragraph 56.1(5)(a) of the French version of the Act is replaced by the following: a) le nom de toute personne ou entité qui participe à
l’opération financière effectuée ou tentée, à l’importation ou à l’exportation ou de toute personne ou entité agissant pour son compte, ainsi que le genre et la profession, le métier ou l’entreprise de ces personnes et l’entreprise de ces entités; (2) Paragraphs 56.1(5)(b) to (d) of the Act are replaced by the following: (b) the name and address of the place of business
where the transaction or attempted transaction occurred or the address of the customs office where the importation or exportation occurred, and the date the transaction, attempted transaction, importation or exportation occurred; (c) the amount and type of currency or monetary instruments involved or, in the case of a transaction or attempted transaction, if no currency or monetary instruments are involved, the value of the transaction or attempted transaction or the value of the funds that are the subject of the transaction or attempted transaction; (d) in the case of a transaction or attempted transaction, the transaction number and the account number; (d.1) in the case of a transaction or attempted transaction involving virtual currency, transaction identifiers, including sending and receiving addresses; (d.2) in the case of a transaction or attempted transaction, the source of funds or of virtual currency and other related information including the name of the person or entity that is the source of funds or virtual
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currency, as well as the person or entity’s account number, policy number or identifying number associated with the funds or virtual currency; (3) Paragraphs 56.1(5)(j) and (k) of the French
version of the Act are replaced by the following: j) le nom de toute personne ou entité visée à l’alinéa a) que le Centre soupçonne, pour des motifs raisonnables, de diriger, directement ou indirectement, l’opération financière effectuée ou tentée, l’importation ou l’exportation; k) les motifs sur lesquels une personne ou entité s’est
fondée pour faire une déclaration visée à l’article 7 concernant l’opération financière effectuée ou tentée et toute mesure qu’elle a prise sur la base des soupçons qui l’ont menée à faire la déclaration; (4) Paragraph 56.1(5)(n) of the French version of the Act is replaced by the following: n) les indices de toute infraction de recyclage des produits de la criminalité ou d’infraction de financement des activités terroristes entachant l’opération financière effectuée ou tentée, l’importation ou l’exportation; (5) Paragraph 56.1(5)(p) of the French version of
the Act is replaced by the following: p) lorsqu’il s’agit d’un télévirement au sens du Règlement sur le recyclage des produits de la criminalité et le financement des activités terroristes, les renseignements relatifs à l’opération financière contenus dans une déclaration visée à l’article 9 s’ils sont des précisions relatives au paiement au client bénéficiaire, au sens donné à ce terme par la Society for Worldwide Interbank Financial Telecommunication; (6) Paragraphs 56.1(5)(q) and (r) of the Act are replaced by the following: (q) if an entity referred to in paragraph (a) is a trust,
the name, address, electronic mail address and telephone number of every trustee and every known beneficiary and settlor of the trust; (r) the name, address, electronic mail address and
telephone number of each person who owns or controls, directly or indirectly, 25% or more of an entity referred to in paragraph (a), other than a trust, unless the trust is widely held or publicly traded; and
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170 Subsection 73(1) of the Act is amended by striking out “and” at the end of paragraph (k) and by adding the following after that paragraph: (k.1) respecting the assessments referred to in section
51.1; (k.2) respecting the assessments referred to in section
51.2; and 171 (1) Paragraph 74(1)(a) of the Act is replaced
by the following: (a) on summary conviction, to a fine of not more
than $250,000 or to imprisonment for a term of not more than two years less a day, or to both; or (2) Paragraph 74(2)(a) of the Act is replaced by
the following: (a) on summary conviction, to a fine of not more than $250,000 or to imprisonment for a term of not more than two years less a day, or to both; or 172 The portion of subsection 75(1) of the Act before paragraph (b) is replaced by the following:
Reporting and regulations — sections 7 and 7.1 and subsection 11.49(1) 75 (1) Every person or entity that contravenes section 7
or 7.1 or any regulation made under subsection 11.49(1) is guilty of an offence and liable (a) on summary conviction, to a fine of not more
than $1,000,000 or to imprisonment for a term of not more than two years less a day, or to both; or
173 Section 77 of the Act is replaced by the following: Reporting — section 9 77 (1) Every person or entity that contravenes subsection 9(1) or (3) is guilty of an offence and liable on summary conviction to a fine of not more than $1,000,000.
Reporting — section 11.43 (2) Every person or entity that contravenes section 11.43,
only insofar as it relates to any required reporting measure as contemplated by paragraph 11.42(2)(e) and specified in a directive issued under subsection 11.42(1), is guilty of an offence and liable on summary conviction to a fine of not more than $1,000,000.
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174 Paragraph 77.1(a) of the Act is replaced by the following: (a) on summary conviction, to a fine of not more than $250,000 or to imprisonment for a term of not more than two years less a day, or to both; or 175 Section 79 of the Act is replaced by the following:
Offence by employee, agent or mandatary 79 In a prosecution for an offence under section 75 or
77, (a) it is sufficient proof of the offence to establish that
it was committed by an employee or agent or mandatary of the accused, whether or not the employee or agent or mandatary is identified or has been prosecuted for the offence; and (b) no person or entity shall be found guilty of the offence if they establish that they exercised due diligence to prevent its commission.
Coming into Force Order in council 176 (1) Section 159 comes into force on a day to
be fixed by order of the Governor in Council. Order in council (2) Sections 164, 165 and 170 come into force on a
day to be fixed by order of the Governor in Council.
DIVISION 7
Retail Payment Activities Act Enactment of Act Enactment 177 The Retail Payment Activities Act is enacted
as follows: An Act Respecting Retail Payment Activities
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Preamble Whereas the safe and efficient movement of funds is essential to the health and strength of the national economy;
Whereas evolving technologies permit retail payment activities to be performed in new and increasingly complex ways by a larger variety of payment service providers across Canada; Whereas Parliament considers that it is desirable and in the national interest to address risks related to national security that could be posed by payment service providers; Whereas Parliament considers that it is desirable and in the national interest to supervise and regulate retail payment activities performed by payment service providers in order to mitigate operational risks and to safeguard end-user funds; And whereas Parliament considers that it is desirable and in the national interest to supervise and regulate retail payment activities performed by payment service providers in order to foster competition and innovation in payment services by building confidence in the retail payment sector;
Now therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Short Title Short title 1 This Act may be cited as the Retail Payment Activities
Act.
Interpretation Definitions 2 The following definitions apply in this Act.
Bank means the Bank of Canada. (Banque) Centre means the Financial Transactions and Reports Analysis Centre of Canada. (Centre) electronic funds transfer means a placement, transfer or withdrawal of funds by electronic means that is
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initiated by or on behalf of an individual or entity. (transfert électronique de fonds) end user means an individual or entity that uses a payment service as a payer or payee. (utilisateur final) entity means a corporation, trust, partnership, fund, an unincorporated association or organization, the government of a foreign country or of a political subdivision of a foreign country, or an agency of a foreign country or of a subdivision of a foreign country. (entité) government authority includes the Royal Canadian Mounted Police, the Communications Security Establishment and the Canadian Security Intelligence Service. (autorité administrative) Governor has the same meaning as in section 2 of the Bank of Canada Act. (gouverneur) incident means an event or series of related events that is unplanned by a payment service provider and that results in or could reasonably be expected to result in the reduction, deterioration or breakdown of any retail payment activity that is performed by the payment service provider. (incident) Minister means the Minister of Finance. (ministre) operational risk means a risk that any of the following will result in the reduction, deterioration or breakdown of retail payment activities that are performed by a payment service provider: (a) a deficiency in the payment service provider’s information system or internal process; (b) a human error; (c) a management failure; or (d) a disruption caused by an external event. (risque
opérationnel) payment function means (a) the provision or maintenance of an account that, in relation to an electronic funds transfer, is held on behalf of one or more end users; (b) the holding of funds on behalf of an end user until
they are withdrawn by the end user or transferred to another individual or entity; (c) the initiation of an electronic funds transfer at the
request of an end user;
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(d) the authorization of an electronic funds transfer or
the transmission, reception or facilitation of an instruction in relation to an electronic funds transfer; or (e) the provision of clearing or settlement services.
(fonction de paiement) payment service provider means an individual or entity that performs payment functions as a service or business activity that is not incidental to another service or business activity. (fournisseur de services de paiement) prescribed means prescribed by regulation. (Version anglaise seulement) registered means registered under section 25. (enregistré) retail payment activity means a payment function that is performed in relation to an electronic funds transfer that is made in the currency of Canada or another country or using a unit that meets prescribed criteria. (activité associée aux paiements de détail) third-party service provider means an individual or entity that, under a contract, provides a payment service provider with a service related to a payment function and that is not an employee or agent or mandatary of the payment service provider. (tiers fournisseur de services) Affiliation 3 (1) For the purposes of section 8 and paragraph 29(1)(d), (a) one entity is affiliated with another entity if one of them is the subsidiary of the other or both are subsidiaries of the same entity or each of them is controlled by the same individual or entity; (b) two entities are deemed to be affiliated with each
other if they are affiliated with the same entity at the same time; and (c) an individual is affiliated with an entity if the individual controls the entity.
Subsidiary entity (2) For the purposes of subsection (1), an entity is a subsidiary of another entity if it is controlled by that other entity. Control (3) For the purposes of this section,
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(a) a corporation is controlled by an individual or entity if (i) securities of the corporation to which are attached more than 50% of the votes that may be cast to elect directors of the corporation are held, directly or indirectly, whether through one or more subsidiaries or otherwise, otherwise than by way of security only, by or for the benefit of that individual or entity, and (ii) the votes attached to those securities are sufficient, if exercised, to elect a majority of the directors of the corporation; (b) a limited partnership is controlled by its general
partner; and (c) an entity other than a corporation or a limited
partnership is controlled by an individual or entity if the individual or entity, directly or indirectly, whether through one or more subsidiaries or otherwise, holds an interest in the entity that is not a corporation that entitles them to receive more than 50% of the profits of that entity or more than 50% of its assets on dissolution.
Application General Payment service providers in Canada 4 Subject to sections 6 to 10, this Act applies in respect of any retail payment activity that is performed by a payment service provider that has a place of business in Canada.
Payment service providers outside of Canada 5 Subject to sections 6 to 10, this Act also applies in respect of any retail payment activity that is performed for an end user in Canada by a payment service provider that does not have a place of business in Canada but directs retail payment activities at individuals or entities that are in Canada.
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Non-application Retail payment activities 6 This Act does not apply in respect of the following retail payment activities: (a) a payment function that is performed in relation to an electronic funds transfer that is made with an instrument that is issued by a merchant — or by an issuer that is not a payment service provider and has an agreement with a group of merchants — and that allows the holder of the instrument to purchase goods or services only from the issuing merchant or any merchant in the group; (b) a payment function that is performed in relation to
an electronic funds transfer that is made for the purpose of giving effect to an eligible financial contract as defined in subsection 39.15(9) of the Canada Deposit Insurance Corporation Act or for the purpose of giving effect to a prescribed transaction in relation to securities; (c) a payment function that is performed in relation to an electronic funds transfer that is made for the purpose of a cash withdrawal at an automatic teller machine; and (d) a prescribed retail payment activity.
Designated systems 7 This Act does not apply in respect of a payment function that is performed in relation to an electronic funds transfer if the payment function is performed using a system that is designated under section 4 of the Payment Clearing and Settlement Act.
Internal transactions 8 This Act does not apply in respect of a retail payment
activity that is performed by a payment service provider if (a) the payment function in question is performed in relation to an electronic funds transfer that is made between affiliated entities; (b) the payment service provider is one of the affiliated entities; and (c) no other payment service provider performs payment functions in relation to that electronic funds transfer.
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Payment service providers 9 This Act does not apply to a payment service provider
that performs retail payment activities if the payment service provider is one of the following: (a) a bank; (b) an authorized foreign bank as defined in section 2 of the Bank Act in respect of its business in Canada; (c) a cooperative credit society, savings and credit union, caisse populaire or central cooperative credit society that is regulated by a provincial Act or an association regulated by the Cooperative Credit Associations Act; (d) Her Majesty in right of a province or an agent or
mandatary of Her Majesty in right of a province, if Her Majesty in right of a province or the agent or mandatary accepts deposits transferable by order; (e) a company to which the Insurance Companies Act
applies or an insurance company regulated by a provincial Act; (f) a company to which the Trust and Loan Companies Act applies; (g) a trust company that is regulated by a provincial
Act; (h) a loan company that accepts deposits transferable
by order and is regulated by a provincial Act; (i) the Canadian Payments Association; (j) the Bank; or (k) a prescribed individual or entity or an individual or entity of a prescribed class.
Agents and mandataries 10 This Act does not apply to an agent or mandatary of a
registered payment service provider if the agent or mandatary is performing retail payment activities in the scope of their authority as agent or mandatary and is included on the list of agents or mandataries that was provided by the payment service provider under paragraph 29(1)(e) and is updated in accordance with subsection 59(1). Governor’s orders 11 (1) If a provision of a federal or provincial Act or regulation applies to or in respect of a payment service provider that performs retail payment activities or a class
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of payment service providers that perform retail payment activities and the Governor is of the opinion that the provision is substantially similar to any of the following provisions of this Act or its regulations, then the Governor may, by order, specify the provision of this Act or its regulations and the payment service provider or class of payment service provider: (a) sections 17 to 22; (b) subsection 29(2); (c) paragraphs 48(1)(a) to (e) and (g) and 52(a) to (d) and (g); (d) sections 59, 94, 95 and 99; and (e) a provision of the regulations that is made for the
purposes of any of the provisions referred to in paragraphs (a) to (d). Effect of order (2) A provision that is specified in an order made under
subsection (1) does not apply to or in respect of the payment service provider or class of payment service provider specified in the order.
PART 1
Bank and Minister Objects 12 (1) The Bank’s objects under this Act are to (a) supervise payment service providers that perform retail payment activities in order to determine whether those payment service providers are in compliance with this Act; (b) promote the adoption by those payment service providers of policies and procedures that are designed to implement their obligations under this Act; and (c) monitor and evaluate trends and issues related to retail payment activities.
Duty of Bank (2) In pursuing these objects, the Bank must consider
the efficiency of payment services and the interests of end users.
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Agreements and arrangements 13 The Bank may, for the purpose of exercising its powers or performing its duties and functions under this Act, enter into an agreement or arrangement with any government authority or regulatory body.
Guidelines — Bank 14 (1) The Bank may issue guidelines respecting the
manner in which this Act, with the exception of the provisions referred to in subsection (2), is to be applied.
Guidelines — Minister (2) The Minister may issue guidelines respecting the manner in which sections 32 to 47, 72 to 75, 96 and 98 are to be applied.
Delegation of Governor’s powers, duties and functions 15 (1) The Governor may delegate to an officer of the Bank any of the Governor’s powers, duties or functions under this Act.
Notice of delegation (2) If a power, duty or function is delegated, the Bank must cause to be published in the Canada Gazette a notice that includes (a) the title of the officer to whom the power, duty or
function is delegated; (b) the power, duty or function that is delegated; and (c) the day on which the delegation takes effect.
Notice of revocation of delegation (3) If the Governor revokes a delegation, the Bank must
cause to be published in the Canada Gazette a notice that includes the day on which the delegation ceases to have effect. Timing (4) The notice referred to in subsection (2) or (3) must be published before the day on which the delegation takes effect or ceases to have effect, as the case may be.
No liability if in good faith — Bank 16 (1) No action lies against Her Majesty in right of
Canada, any officer, employee or director of the Bank or any person acting under the direction of the Governor for anything done or omitted to be done in good faith in the administration or discharge of any powers or duties that under this Act are intended or authorized to be executed or performed.
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No liability if in good faith — Minister (2) No action lies against Her Majesty in right of Canada,
the Minister or any person or government authority acting under the direction of the Minister for anything done or omitted to be done in good faith in the administration or discharge of any powers or duties that under this Act are intended or authorized to be executed or performed.
PART 2
Operational and Financial Measures Operational Risk Management and Incident Response Framework 17 (1) For the purposes of identifying and mitigating
operational risks and responding to incidents, a payment service provider that performs retail payment activities must, in accordance with the regulations, establish, implement and maintain a risk management and incident response framework that meets prescribed requirements.
Assessment by Bank (2) The Bank or a person designated by the Bank may assess the payment service provider’s risk management and incident response framework or any portion of it and the Bank may provide the payment service provider with a list of corrective measures that the Bank considers appropriate.
Duty to assist (3) The payment service provider must give all assistance that is reasonably required to enable the Bank or the designated person to carry out an assessment referred to in subsection (2) and must provide any documents or information and access to any data that are specified by the Bank or the designated person.
Requirement to notify 18 (1) If a payment service provider that performs retail
payment activities becomes aware of an incident that has a material impact on any of the following individuals or entities, the payment service provider must, without delay, notify that individual or entity and the Bank of the incident: (a) an end user;
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(b) a payment service provider that performs retail payment activities, whether or not this Act applies to the payment service provider; and (c) a clearing house of a clearing and settlement system, as those expressions are defined in section 2 of the Payment Clearing and Settlement Act, that is designated under subsection 4(1) of that Act.
Form, manner and content of notice (2) The notice must be given in the prescribed form and
manner and contain the prescribed information. Follow-up notices 19 (1) The Bank may, by order, direct a payment service provider that has given a notice in accordance with section 18 to provide any follow-up notice that the Bank considers relevant.
Content of order (2) The order must specify (a) the individuals or entities to be notified; (b) when the follow-up notice is to be given and its form and manner; and (c) the information to be contained in the notice.
Compliance with order (3) The payment service provider must comply with the
order.
Safeguarding of Funds Accounts 20 (1) If a payment service provider performs a retail
payment activity that is the holding of end-user funds until they are withdrawn by the end user or transferred to another individual or entity, the payment service provider must (a) hold the end-user funds in trust in a trust account that is not used for any other purpose; (b) hold the end-user funds in a prescribed account or
in a prescribed manner and take any prescribed measures in relation to the funds, the account or the manner; or (c) hold the end-user funds in an account that is not used for any other purpose and hold insurance or a guarantee in respect of the funds that is in an amount
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equal to or greater than the amount held in the account. Exception — provincial insurance or guarantee (2) Subsection (1) does not apply to a payment service provider in respect of end-user funds it holds in a province if the payment service provider accepts deposits that are insured or guaranteed under an Act of that province and those end-user funds are deposits that are guaranteed or insured under that Act.
No set-off or compensation (3) No right of set-off or compensation may be asserted
by an individual or entity that maintains an account that is referred to in paragraph (1)(a), (b) or (c) in respect of the funds held in that account.
Provision of Information Annual report 21 A payment service provider that performs retail payment activities must, at the prescribed time and in the prescribed form and manner, submit an annual report to the Bank that includes (a) the prescribed information respecting the payment service provider’s risk management and incident response framework; (b) the prescribed information in relation to any account referred to in subsection 20(1) and the insurance or guarantee referred to in paragraph 20(1)(c); (c) any other prescribed information in relation to the
holding of end-user funds for the purposes of subsection 20(1) and any regulations made for the purposes of that subsection; and (d) any other prescribed information.
Notice — significant change or new activity 22 (1) A payment service provider must notify the Bank
before the payment service provider makes a significant change in the way it performs a retail payment activity or before it performs a new retail payment activity. The notice must (a) be given within the prescribed period; (b) be in the prescribed form and manner; and (c) include the prescribed information.
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Significant change (2) For the purposes of subsection (1), a change is significant if it could reasonably be expected to have a material impact on operational risks or the manner in which enduser funds are safeguarded.
PART 3
Registration General Registration required 23 A payment service provider must be registered with the Bank before it performs any retail payment activities.
New application — acquisition of control 24 (1) If an individual or entity plans to acquire control of a registered payment service provider, the registered payment service provider must, before the acquisition, submit a new application for registration that takes the planned acquisition into account and be so registered.
New application — other change (2) If a registered payment service provider plans to
make a prescribed change, the registered payment service provider must, before the change takes effect, submit a new application for registration that takes the planned change into account and be so registered. Non-application (3) Subsection (1) does not apply in the case of a planned acquisition that would, on the day on which it is planned to take effect, result in this Act no longer applying to the registered payment service provider by virtue of section 9 or 10.
Duty to register 25 (1) Subject to sections 35, 37, 48 and 49, the Bank
must register any individual or entity that applies for registration. Notice of registration (2) The Bank must, as soon as feasible, notify the applicant in writing that the applicant has been registered. Registry 26 The Bank must maintain a registry of registered payment service providers and must make public the name of each registered payment service provider, its address
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and any prescribed information in relation to the payment service provider, the activities it performs or its registration. List of refusals and revocations 27 (1) The Bank must maintain and publish a list of the
individuals or entities that the Bank has refused to register and the payment service providers that have had their registrations revoked. The list must set out the reasons for a refusal or revocation.
Reviews (2) The Bank must not add an individual, entity or payment service provider to the list unless the prescribed period for requesting the applicable review under section 41, 46, 50 or 53 has expired or the refusal or revocation has been confirmed under the section in question.
Execution of documents 28 Any document required or permitted to be executed or signed by more than one individual for the purposes of this Act may be executed or signed in several documents of similar form, each of which is executed or signed by one or more of the individuals. The documents, when executed or signed by all individuals required or permitted, as the case may be, to do so, are deemed to constitute one document for the purposes of this Act.
Applications for Registration Form, manner and information 29 (1) An applicant for registration must submit an application in the prescribed form and manner that includes (a) the applicant’s name and any name under which
the applicant performs or plans to perform payment functions as a service or business activity; (b) the applicant’s address and any prescribed contact
information; (c) a declaration that states whether the applicant operates or plans to operate out of a dwelling-house; (d) a description of how the applicant is organized or structured and, as applicable, any prescribed information in relation to the applicant’s incorporation, affiliated entities, directors and managers or owners; (e) a list of the applicant’s agents and mandataries
that perform retail payment activities in the scope of
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their authority as an agent or mandatary and any prescribed information in relation to those agents and mandataries; (f) a description of the retail payment activities the applicant performs or plans to perform, including any prescribed information in relation to the volume and value or estimated volume and value of those retail payment activities; (g) the number of end users or estimated number of end users for whom the applicant performs or plans to perform retail payment activities; (h) any prescribed information in relation to end-user
funds that the applicant holds or plans to hold; (i) a description of the applicant’s risk management
and incident response framework or the framework that the applicant plans to establish and implement; (j) any prescribed information in relation to the manner in which the applicant safeguards or plans to safeguard end-user funds; (k) any prescribed information in relation to any of the applicant’s third-party service providers that have or will have a material impact on the applicant’s operational risks or the manner in which the applicant safeguards or plans to safeguard end-user funds; (l) a declaration that states whether the applicant is
registered with the Centre; (m) a declaration that states whether the applicant has a place of business in Canada; (n) a declaration that states whether the applicant has
applied for registration or is registered under a provincial Act respecting retail payment activities; (o) in the case of an applicant that does not have a
place of business in Canada, the name and address of an agent or mandatary in Canada that is authorized, on behalf of the applicant, to accept notices given or served under this Act as well as orders made under this Act; and (p) any information in relation to the applicant or the retail payment activities the applicant performs or plans to perform that is prescribed for the purposes of sections 34 to 45.
Registration fee (2) The applicant must include the prescribed registration fee with the application.
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Additional information (3) The applicant must provide the Bank with any additional information that the Bank requests in relation to the information referred to in subsection (1) within 30 days after the day on which the request is made. Notice of change in information 30 An applicant that becomes aware that information provided as part of the application has changed or is about to change must notify the Bank of the change or anticipated change as soon as possible after becoming aware of it and the Bank must then, as soon as possible, notify the Minister and any person or government authority designated under section 32.
Duty to notify and provide information 31 The Bank must, as soon as feasible after it is of the
opinion that an application for registration is complete, notify the applicant that the application is complete and provide the Centre with the information referred to in paragraphs 29(1)(a) to (f) and any information respecting the applicant that is under the Bank’s control and is prescribed for the purposes of this section.
National Security Review Designation 32 The Minister may designate a person or government authority for the purposes of sections 33, 39 and 60.
Copy of application 33 The Bank must, as soon as feasible after it is of the
opinion that an application for registration is complete, provide the Minister and any designated person or government authority with a copy of the application. Review of application 34 (1) The Minister may, within the prescribed period,
decide to review an application for registration if the Minister is of the opinion that it is necessary to do so for reasons related to national security. In that case, the Minister must notify the Bank of the decision and the Bank must then notify the applicant. Extension of decision period (2) The Minister may extend the prescribed period for one or more prescribed periods if the Minister considers it necessary to do so and notifies the Bank. In that case, the Bank must notify the applicant of the extension.
Prohibition on registration 35 The Bank must not register an applicant during a period referred to in subsection 34(1) or (2) unless the
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Minister informs the Bank that the Minister has decided not to review the application for registration. Timeline for review of application 36 If the Minister decides to review an application for registration, the Minister must conduct the review within the prescribed period but the Minister may extend the period for conducting the review for one or more periods equal to the prescribed period if the Minister considers it necessary to do so and notifies the Bank. In that case, the Bank must notify the applicant of the extension.
Prohibition on registration 37 If the Minister notifies the Bank of a decision to review an application for registration, the Bank must not register the applicant unless the Minister notifies the Bank under section 38 of a decision not to issue a directive. Notice to Bank 38 The Minister must notify the Bank if, after completing a review of an application, the Minister decides not to issue a directive under section 40.
Additional information 39 An applicant or registered payment service provider
must provide the Minister and any designated person or government authority with any additional information that the Minister, person or government authority requests in relation to the applicant or registered payment service provider or the retail payment activities the applicant performs or plans to perform. Directive to refuse registration 40 The Minister may, for any of the following reasons,
issue a directive to the Bank to refuse to register an applicant: (a) there are reasons related to national security; (b) the applicant has failed to provide additional information in accordance with section 39; (c) an order made under section 42 or an undertaking
provided in accordance with that section that is in relation to the application in question has not been complied with; (d) a condition imposed under section 43 in relation to the application in question has not been complied with; and (e) the applicant has provided false or misleading information.
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Review of directive 41 (1) An applicant that has been notified under section
49 may, within the prescribed period, make a request to the Minister for a review of the directive to refuse registration. Decision (2) On completion of the review, the Minister must, after giving the applicant an opportunity to make representations, confirm or revoke the directive. The Minister must notify the Bank of the decision and the Bank must then, as soon as feasible, notify the applicant.
Undertakings 42 The Minister may, by order, require any individual or
entity to provide an undertaking in relation to an application for registration or in relation to any registered payment service provider if the Minister is of the opinion that it is necessary to do so for reasons related to national security. Conditions 43 The Minister may, by order, impose conditions on any individual or entity in relation to an application for registration or in relation to any registered payment service provider if the Minister is of the opinion that it is necessary to do so for reasons related to national security.
Copy to Bank 44 The Minister must provide the Bank with a copy of each order the Minister makes under section 42 or 43 and the Bank must, as soon as feasible, provide a copy to the individual or entity in question.
Notice of intent to issue directive to revoke registration 45 (1) The Minister may, for any of the following reasons, issue to the Bank a notice of intent to issue a directive to the Bank to revoke a payment service provider’s registration: (a) there are reasons related to national security (b) the payment service provider has failed to provide additional information in accordance with section 39; (c) an order made under section 42 or an undertaking
provided in accordance with that section that is in relation to the payment service provider has not been complied with;
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(d) a condition imposed under section 43 in relation to
the payment service provider has not been complied with; (e) the payment service provider has provided false or misleading information; and (f) the payment service provider has not complied
with an order under section 96. Notice to payment service provider (2) The Bank must, as soon as feasible, notify the payment service provider in writing of the issuance of the Minister’s notice of intent. Review of notice of intent 46 (1) A registered payment service provider that has
been notified under subsection 45(2) may, within the prescribed period, make a request to the Minister for a review of the notice of intent. Decision (2) On completion of the review, the Minister must, after
giving the payment service provider an opportunity to make representations, either withdraw the notice of intent or issue a directive to the Bank to revoke the registration. Notices to Bank and payment service provider (3) The Minister must notify the Bank of a decision to withdraw the notice of intent and the Bank must, as soon as feasible, notify the payment service provider of the withdrawal.
Review not requested 47 If a registered payment service provider that has
been notified under subsection 45(2) does not make a request to the Minister for a review of the notice of intent within the prescribed period, the Minister may issue a directive to the Bank to revoke the payment service provider’s registration.
Refusal to Register Refusal to register 48 (1) The Bank may, within the prescribed period, refuse to register an applicant for a prescribed reason or for any of the following reasons: (a) the applicant has failed to provide additional information in accordance with subsection 29(3);
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(b) the applicant has provided false or misleading information; (c) the applicant has been found guilty of contravening a provision referred to in section 74, 75 or 76, subsection 77(1) or section 77.1 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act; (d) during the five-year period before the day on which the application was submitted, the Director of the Centre, under subsection 73.15(4) of that Act, caused a notice of a decision or of an imposed penalty to be issued and served on the applicant in respect of a violation that was classified as a serious violation or very serious violation under that Act; (e) the applicant is not registered in accordance with
section 11.1 of that Act; (f) the applicant has ceased to perform or no longer
plans to perform retail payment activities; and (g) the applicant has committed or has been deemed
to have committed a violation under this Act. Unpaid penalties (2) If an applicant that does not have a place of business
in Canada has committed a violation under this Act and is liable to pay a penalty for it, and if 30 days have elapsed after the day on which all proceedings in respect of the violation are ended and the penalty has not been paid, the Bank must refuse to register the applicant until the penalty is paid. Notice to applicant (3) If the Bank refuses to register an applicant under subsection (1), the Bank must, as soon as feasible, notify the applicant of the refusal in writing. The notice must include the reason for the refusal.
Directive to refuse to register 49 The Bank must refuse to register an applicant if the
Minister issues a directive to that effect under section 40. In that case, the Bank must, as soon as feasible, notify the applicant in writing of the refusal. Review by Governor 50 (1) An applicant that has been notified under subsection 48(3) may, within the prescribed period, make a request to the Governor for a review of the refusal to register.
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Decision (2) On completion of the review, the Governor must confirm the refusal or direct the Bank to register the applicant. Form and manner of decision (3) The Governor must, within the prescribed period,
make a decision and must, as soon as feasible, notify the applicant in writing of the decision. Notice to Centre 51 The Bank must, as soon as feasible, notify the Centre
in writing of any refusal to register an applicant.
Revocation of Registration Notice of intent to revoke registration 52 The Bank may, for a prescribed reason or for any of the following reasons, issue to a registered payment service provider a notice of intent to revoke the payment service provider’s registration that sets out the reason for the intention to revoke: (a) the payment service provider has provided false or misleading information; (b) the payment service provider has been found guilty of contravening a provision referred to in section 74, 75 or 76, subsection 77(1) or section 77.1 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act; (c) the Director of the Centre, under subsection
73.15(4) of that Act, has caused a notice of a decision or of an imposed penalty to be issued and served on the payment service provider in respect of a violation that was classified as a serious or very serious violation under that Act; (d) the payment service provider is not registered in
accordance with section 11.1 of that Act; (e) the payment service provider has ceased to perform retail payment activities; (f) an individual or entity that applied for registration
under section 24 has acquired control of the payment service provider; and (g) the payment service provider has committed or
has been deemed to have committed a violation under this Act.
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Review of notice of intent 53 (1) A registered payment service provider that has
been notified under section 52 may, within the prescribed period, make a request to the Governor for a review of the notice of intent. Decision (2) On completion of the review, the Governor must, after giving the payment service provider an opportunity to make representations, direct the Bank to either withdraw the notice of intent or revoke the payment service provider’s registration. Form and manner of decision (3) The Governor must, within the prescribed period, make a decision and must, as soon as feasible, notify the payment service provider in writing of the decision.
Review not requested 54 If a registered payment service provider that has been notified under section 52 does not make a request to the Governor for a review of the notice of intent within the prescribed period, the Governor may direct the Bank to revoke the payment service provider’s registration.
Revocation of registration for non-payment of penalty 55 (1) The Bank must revoke the registration of a registered payment service provider if the payment service provider does not have a place of business in Canada, has committed a violation under this Act and is liable to pay a penalty for it, and the penalty has not been paid within 30 days after the day on which all proceedings in respected of the violation are ended. Notice to payment service provider (2) The Bank must, as soon as feasible, notify the payment service provider in writing of the revocation under subsection (1).
Directed revocation of registration 56 (1) The Bank must revoke the registration of a registered payment service provider if the Minister directs the Bank to do so under subsection 46(2) or section 47.
Notice to payment service provider (2) The Bank must, as soon as feasible, notify the payment service provider in writing of the revocation under subsection (1).
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Notice to Centre 57 The Bank must, as soon as feasible, notify the Centre in writing of any revocation of a payment service provider’s registration.
Appeal to Federal Court Right of appeal 58 (1) An applicant or payment service provider that
has been notified under subsection 50(3) or 53(3) may, within the prescribed period or within any longer period that the Federal Court allows, appeal the decision to that Court. Powers of Federal Court (2) The Federal Court may (a) dismiss the appeal; (b) set aside the decision and, as applicable, order the Bank to register the applicant or to reinstate the payment service provider’s registration; or (c) set aside the decision and refer the matter back to
the Governor for re-determination.
Conflict (3) If there is a conflict between an order under paragraph (2)(b) and a directive under section 40, subsection 46(2) or section 47, the directive prevails.
Provision of Information Notice of change in information 59 (1) A registered payment service provider must notify the Bank of any change to the information referred to in any of paragraphs 29(1)(a) to (e), (k) and (m) to (o). The notice must include the updated information, be given within the prescribed period and be in the prescribed form and manner. Exception (2) The payment service provider is not however required to notify the Bank if the information in question was included in a notice under section 60.
Notice of change in prescribed information 60 (1) A registered payment service provider must notify the Bank of any change to prescribed information in
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relation to the payment service provider or the retail payment activities the payment service provider performs. Timing of notice (2) The notice must be given as soon as feasible after the payment service provider becomes aware of the change but before the change takes effect. However, if a different period is prescribed for the purposes of this subsection, the notice must be given within that period.
Notice to Minister (3) The Bank must, as soon as feasible, notify the Minister and any designated person or government authority of any notice given under subsection (1).
False or misleading information 61 An individual or entity must not provide false or misleading information to the Bank, the Minister or a person or government authority designated under section 32.
PART 4
Confidentiality of Information Information obtained by Bank 62 (1) Subject to subsections (2) and (3), information that the Bank obtains under this Act and any information prepared from that information is confidential and the Bank must treat it accordingly.
Disclosure permitted — sections 26, 27 and 93 (2) The Bank may disclose information obtained under
this Act if it is required to make the information public under section 26 or does so under section 27 or 93.
Disclosure permitted — entities (3) Subject to subsection (4), the Bank may disclose information obtained under this Act to the Minister or to any government authority or regulatory body if it agrees to treat the information as confidential.
Consent required (4) The Bank must not disclose information obtained
from the Centre without the Centre’s consent.
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Information obtained by Minister 63 (1) Subject to subsection (2), information that is obtained under this Act by the Minister or by a person or government authority designated under section 32 as well as any information prepared from that information is confidential and the Minister or the designated person or government authority must treat it accordingly. Disclosure permitted — entities (2) The Minister or the designated person or government authority may disclose information obtained under this Act to any government authority or regulatory body that agrees to treat the information as confidential.
Evidentiary privilege 64 (1) Prescribed information in relation to the supervision of payment service providers must not be used as evidence in any civil proceedings and is privileged for that purpose. No testimony or production (2) An individual or entity must not by an order of any court, tribunal or other body be required in any civil proceedings to give oral testimony or to produce any document relating to any information referred to in subsection (1).
Exception to subsection (1) (3) Despite subsection (1), the Minister, the Governor,
the Bank or the Attorney General of Canada may, in accordance with the regulations, use information referred to in that subsection as evidence in any proceedings.
Exception to subsection (1) (4) Despite subsection (1), a payment service provider may, in accordance with the regulations, use information referred to in that subsection as evidence in any proceedings in relation to the administration or enforcement of this Act, the Bankruptcy and Insolvency Act or the Companies’ Creditors Arrangement Act that are commenced by the payment service provider, the Minister, the Governor, the Bank or the Attorney General of Canada.
Exceptions to subsections (1) and (2) (5) Despite subsections (1) and (2), a court, tribunal or
other body may, by order, require the Minister, the Governor, the Bank or a payment service provider to give oral testimony or to produce any document relating to any information referred to in subsection (1) in any civil proceedings in relation to the administration or enforcement of this Act that are commenced by the Minister, the
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Governor, the Bank, the Attorney General of Canada or a payment service provider. No waiver (6) The disclosure of any information referred to in subsection (1), other than under subsection (3), (4) or (5), does not constitute a waiver of the privilege referred to in subsection (1).
PART 5
Administration and Enforcement Bank’s Powers Information request — payment service provider 65 (1) The Bank may request, in writing, a payment service provider that performs retail payment activities to provide, within the prescribed period, the Bank with any information that the Bank considers necessary for a purpose related to verifying compliance with this Act or carrying out the Bank’s objects under this Act.
Compliance with request (2) The payment service provider must comply with the
request. Information request — individual or entity 66 (1) For the purpose of verifying compliance with this
Act, the Bank may, if it has reasonable grounds to believe that an individual or entity is a payment service provider that performs retail payment activities, request in writing, the individual or entity to provide the Bank with any information that the Bank requires to determine whether the individual or entity is a payment service provider that performs retail payment activities. Compliance with request (2) The individual or entity must comply with the request within the prescribed period.
Special audit 67 (1) The Bank may direct that a special audit of a payment service provider that performs retail payment activities be conducted in accordance with any conditions that the Bank considers appropriate if, in the Bank’s opinion, the special audit is required for the purpose of verifying
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compliance with this Act and the Bank may appoint an individual or entity to conduct the special audit. Duty to assist (2) The payment service provider must give all assistance that is reasonably required to enable the appointed individual or entity to conduct the special audit and must provide any documents or information and access to any data that are specified by the individual or entity.
Report to Bank (3) The payment service provider must provide the Bank
with the results of the special audit. Expenses (4) The expenses incurred in respect of the special audit
are payable by the payment service provider.
Designation 68 The Governor may designate persons or classes of
persons as authorized persons for the purposes of sections 69 and 70.
Powers — authorized person 69 (1) An authorized person may, from time to time, examine the records and inquire into the business and affairs of a payment service provider that performs retail payment activities for the purpose of verifying compliance with this Act and for that purpose may (a) enter any place, other than a dwelling-house, in which the authorized person has reasonable grounds to believe that there are records relevant to verifying compliance with this Act; (b) use any computer system in the place, or cause it
to be used, to examine data contained in or available to it; (c) reproduce any record, or cause it to be reproduced from the data, in the form of a printout or other intelligible output and remove the printout or other output for examination or copying; or (d) use any copying equipment in the place or cause it to be used.
Duty to assist (2) The owner or person in charge of the place and every
person in the place must give all assistance that is reasonably required to enable the authorized person to
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perform their functions under this section and must provide any documents or information and access to any data that are specified by the authorized person.
Warrant to enter dwelling-house 70 (1) If the place is a dwelling-house, an authorized
person may enter it without the occupant’s consent only under the authority of a warrant issued under subsection (2). Authority to issue warrant (2) On ex parte application, a justice of the peace may issue a warrant authorizing an authorized person to enter a dwelling-house, subject to any conditions specified in the warrant, if the justice is satisfied by information on oath that (a) the dwelling-house is a place referred to in paragraph 69(1)(a); (b) entry to the dwelling-house is necessary for a purpose related to verifying compliance with this Act; and (c) entry was refused by the occupant or there are reasonable grounds to believe that entry will be refused by, or that consent to entry cannot be obtained from, the occupant.
Compliance agreement 71 The Bank may enter into a compliance agreement
with a payment service provider that performs retail payment activities for the purpose of implementing any measure that is designed to further compliance with this Act by the payment service provider.
Minister’s Powers Designation 72 The Minister may designate persons or classes of persons as authorized persons for the purposes of sections 73 to 75.
Information request — individual or entity 73 (1) An authorized person may request, in writing, an
individual or entity to provide, within the prescribed period, the authorized person with any information that the authorized person considers necessary for a purpose related to verifying compliance with an undertaking provided in accordance with section 42 or a condition imposed under section 43.
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Compliance with request (2) The individual or entity must comply with the request. Powers — authorized person 74 (1) An authorized person may, from time to time, examine the records and inquire into the business and affairs of an individual or entity for the purpose of verifying compliance with an undertaking provided in accordance with section 42 or a condition imposed under section 43 and for that purpose may (a) enter any place, other than a dwelling-house, in which the authorized person has reasonable grounds to believe that there are records relevant to verifying compliance with the undertaking or condition; (b) use any computer system in the place, or cause it
to be used, to examine data contained in or available to it; (c) reproduce any record, or cause it to be reproduced from the data, in the form of a printout or other intelligible output and remove the printout or other output for examination or copying; or (d) use any copying equipment in the place or cause it to be used.
Duty to assist (2) The owner or person in charge of the place and every
person in the place must give all assistance that is reasonably required to enable the authorized person to perform their functions under this section and must provide any documents or information and access to any data that are specified by the authorized person.
Warrant to enter dwelling-house 75 (1) If the place is a dwelling-house, an authorized
person may enter it without the occupant’s consent only under the authority of a warrant issued under subsection (2). Authority to issue warrant (2) On ex parte application, a justice of the peace may issue a warrant authorizing an authorized person to enter a dwelling-house, subject to any conditions specified in the warrant, if the justice is satisfied by information on oath that (a) the dwelling-house is a place referred to in paragraph 74(1)(a);
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(b) entry to the dwelling-house is necessary for a purpose related to verifying compliance with the undertaking or condition; and (c) entry was refused by the occupant or there are reasonable grounds to believe that entry will be refused by, or that consent to entry cannot be obtained from, the occupant.
Administrative Monetary Penalties Notices of Violation and Compliance Agreements Commission of violation 76 (1) Every contravention that is designated under paragraph 101(1)(h) or (j) constitutes a violation and the individual or entity that commits the violation is liable to a penalty established in accordance with paragraph 101(1)(k) or (l).
Payment service provider (2) If the Bank believes on reasonable grounds that a payment service provider has committed a violation, the Bank may (a) issue and cause to be served on the payment service provider a notice of violation; or (b) issue and cause to be served on the payment service provider a notice of violation with an offer to reduce by half the penalty set out in the notice if the payment service provider enters into a compliance agreement with the Bank in respect of the provision to which the violation relates.
Other individual or entity (3) If the Bank believes on reasonable grounds that an
individual or entity other than a payment service provider has committed a violation, the Bank may issue and cause to be served on the individual or entity a notice of violation. Purpose of penalty (4) The purpose of the penalty is to promote compliance
with this Act and not to punish. Contents of notice 77 (1) A notice of violation must name the individual or
entity believed to have committed a violation, identify the violation and set out (a) the penalty to be paid;
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(b) the right of the individual or entity, within 30 days
after the day on which the notice is served or within any longer period that the Bank specifies, to pay the penalty or to make representations to the Governor with respect to the violation and the penalty, and the manner for doing so; and (c) the fact that, if the individual or entity does not pay the penalty or make representations in accordance with the notice, the individual or entity will be deemed to have committed the violation and is liable to pay the penalty.
Short-form descriptions (2) The Bank may establish, in respect of each violation,
a short-form description to be used in notices of violation. Administrative corrections (3) If a notice of violation contains any error or omission,
the Bank may issue and cause to be served a corrected notice of violation on the individual or entity at any time during the period referred to in paragraph (1)(b). Payment of penalty 78 (1) If the individual or entity pays the penalty set out
in the notice of violation, the individual or entity is deemed to have committed the violation and proceedings in respect of it are ended. Representations to Governor (2) If the individual or entity makes representations in accordance with the notice, the Governor must decide, on a balance of probabilities, whether the individual or entity committed the violation and, if so, may, subject to any regulations made under paragraph 101(1)(k) or (l), impose the penalty set out in the notice, a lesser penalty or no penalty.
Failure to pay or make representations (3) An individual or entity that neither pays the penalty set out in the notice nor makes representations in accordance with the notice is deemed to have committed the violation and is liable to pay the penalty set out in the notice.
Notice of decision and right of appeal (4) The Bank must cause notice of any decision made under subsection (2) or the penalty that the individual or entity is liable to pay under subsection (3) to be issued and served on the individual or entity together with notice of the right of appeal under subsection 84(1).
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Contents of compliance agreement 79 (1) If the Bank offers to enter into a compliance agreement with a payment service provider under paragraph 76(2)(b), the agreement must (a) identify the provision that was contravened and
provide that the payment service provider will comply with that provision within the period and be subject to the terms and conditions specified in the agreement; and (b) set out the amount that the payment service
provider will have to pay as the reduced penalty for the violation if the compliance agreement is entered into. Refusal to enter into agreement (2) If the payment service provider does not enter into the compliance agreement and does not pay the reduced penalty within 30 days after the day on which the payment service provider received the notice of violation, the payment service provider is deemed to have refused to enter into the agreement and is liable to pay the full penalty set out in the notice of violation.
Extension of period (3) The Bank may extend the period referred to in paragraph (1)(a) if it is satisfied that the payment service provider is unable to comply with it within that period for reasons beyond their control. Deemed violation 80 A payment service provider that enters into a compliance agreement referred to in a notice of violation issued under paragraph 76(2)(b) is deemed to have committed the violation in respect of which the agreement was entered into. Compliance agreement complied with 81 If the Bank considers that a compliance agreement with a payment service provider has been complied with, the Bank must serve a notice to that effect on the payment service provider and, on the service of the notice, no further proceedings may be taken against the payment service provider with respect to the violation.
Compliance agreement not complied with 82 (1) If the Bank considers that a compliance agreement with a payment service provider has not been complied with, the Bank may issue and cause to be served a notice of default on the payment service provider to the effect that the payment service provider is liable to pay
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(a) the difference between the penalty set out in the
notice of violation and any portion of the reduced penalty under the compliance agreement that was paid; and (b) an additional penalty specified in the regulations.
Contents of notice (2) The notice of default must specify the date, which must be 30 days after the day on which the notice is served, on or before which an application for review may be filed and particulars of how the application may be filed.
No set-off or compensation (3) On the service of a notice of default, the payment service provider served has no right of set-off or compensation against any amount that it spent under the compliance agreement.
Application for review 83 (1) A payment service provider served with a notice
of default may, on or before the date specified in the notice or within any time that the Bank allows, file an application for review of the Bank’s decision made under that subsection with the Governor.
Decision (2) The Governor may confirm the Bank’s decision or decide that the payment service provider has complied with the compliance agreement. Failure to pay or apply for review (3) A payment service provider that neither pays the amounts set out in the notice of default nor files an application for review in accordance with the notice is deemed to have not complied with the compliance agreement and must pay the amounts set out in the notice of default without delay.
Notice of decision (4) The Bank must cause notice of the Governor’s decision to be issued and served on the payment service provider together with notice of the right of appeal under subsection 84(1). Right of appeal 84 (1) An individual or entity on which a notice of a decision made under subsection 78(2) or 83(2) is served may, within 30 days after the day on which the notice is served or within any longer period that the Federal Court allows, appeal the decision to that Court.
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Appeal — no notice of decision (2) If the Bank does not cause notice of a decision to be
issued and served under subsection 78(4) within 90 days after the day on which representations under subsection 78(2) were made, the individual or entity may appeal the penalty set out in the notice of violation to the Federal Court within 30 days after the day on which the 90-day period expires.
Appeal — no notice of decision (3) If the Bank does not cause notice of a decision to be
issued and served under subsection 83(4) within 90 days after the day on which the Governor received the application for review under subsection 83(1), the individual or entity that filed the application may appeal to the Federal Court the amounts set out in the notice of default referred to in subsection 82(1) within 30 days after the day on which the 90-day period expires. Powers of Federal Court (4) On an appeal, the Federal Court may confirm, set
aside or, subject to any regulations made under paragraph 101(1)(k) or (l), vary the decision.
Rules About Violations Violations not offences 85 For greater certainty, a violation is not an offence
and, accordingly, section 126 of the Criminal Code does not apply in respect of a violation. Due diligence available 86 (1) Due diligence is a defence in a proceeding in relation to a violation.
Common law principles (2) Every rule and principle of the common law that renders any circumstance a justification or excuse in relation to a charge for an offence applies in respect of a violation to the extent that it is consistent with this Act.
Liability 87 An individual or entity is liable for a violation that is committed by any of its employees, third-party service providers, or agents or mandataries acting in the course of their employment, their contract or the scope of their authority as agent or mandatary, whether or not the employee, third-party service provider or agent or mandatary that actually committed the violation is identified.
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Recovery of Debts Debts due to Her Majesty 88 (1) The following amounts constitute a debt due to Her Majesty in right of Canada that may be recovered in the Federal Court or any other court of competent jurisdiction: (a) the amount of the penalty set out in a notice of violation, beginning on the day on which it is required to be paid in accordance with the notice, unless representations are made in accordance with the notice, a compliance agreement is entered into or the decision is appealed; (b) if representations are made, the amount of the penalty that is imposed by the Governor, beginning on the day specified by the Governor or, if no day is specified, beginning on the day on which the decision is made; (c) every amount set out in a compliance agreement,
beginning on the day on which the compliance agreement is entered into or the day specified in the compliance agreement; (d) the amount of a penalty set out in a notice of default referred to in subsection 82(1), beginning on the day on which the period specified in the notice expires, unless a review is requested under subsection 83(1); (e) if a review is requested under subsection 83(1) and the Governor confirms the Bank’s decision, the amount of the penalty set out in the notice of default referred to in subsection 82(1), beginning on the day specified by the Governor or, if no day is specified, beginning on the day on which the Governor’s decision is made, unless the decision is appealed; (f) the amount of a penalty determined by the Federal
Court under subsection 84(4), beginning on the day on which the period specified in the decision for the payment of that amount expires or the day specified in the decision; and (g) the amount of any costs and expenses referred to
in subsection (3). Limitation or prescription period (2) Proceedings to recover a debt referred to in subsection (1) may be commenced no later than the fifth anniversary of the day on which the debt becomes payable.
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Liability (3) An individual or entity that is liable to pay the
amount of any debt referred to in any of paragraphs (1)(a) to (f) is also liable for the amount of any costs and expenses incurred in attempting to recover that amount. Proceeds payable to Receiver General (4) A debt referred to in subsection (1) that is paid or recovered is payable to and must be remitted to the Receiver General.
Certificate 89 (1) The unpaid amount of any debt referred to in subsection 88(1) may be certified by the Governor.
Registration in Federal Court (2) Registration in the Federal Court of a certificate has
the same effect as a judgment of that Court for a debt of the amount specified in the certificate and all related registration costs.
General Limitation or prescription period 90 No notice of violation is to be issued after the second anniversary of the day on which the Bank becomes aware of the acts or omissions that constitute the alleged violation.
Certification by Bank 91 A document purporting to have been issued by the
Bank, certifying the day on which the acts or omissions that constitute the alleged violation became known to the Bank, is admissible in evidence without proof of the signature or official character of the person appearing to have signed the document and, in the absence of evidence to the contrary, is proof that the Bank became aware of the acts or omissions on that day. Evidence 92 In a proceeding in respect of a violation, a notice of
violation purporting to be issued under subsection 76(2), a notice of decision purporting to be issued under subsection 78(4) or 83(4), a notice of default purporting to be issued under subsection 82(1) or a certificate purporting to be made under subsection 89(1) is admissible in evidence without proof of the signature or official character of the person appearing to have signed it.
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Publication 93 (1) As soon as feasible after a payment service provider is deemed under subsection 78(1) or (3) to have committed a violation or after a notice of decision stating that the payment service provider has committed a violation is served under subsection 78(4), the Bank must make public the nature of the violation, the name of the payment service provider and the amount of any penalty imposed.
Reasons (2) In making public the nature of a violation, the Bank
may include the reasons for its decision to issue the notice of violation and any related decision, including the relevant facts, analysis and considerations that formed part of the decision.
Compliance Orders Governor’s orders 94 (1) If the Governor is of the opinion that a payment
service provider that performs retail payment activities is committing, or is about to commit, an act that could have a significant adverse impact on an individual or entity referred to in subsection (2), the Governor may, by order, direct the payment service provider to (a) cease or refrain from committing the act or pursuing the course of conduct; and (b) perform any acts that, in the Governor’s opinion,
are necessary to remedy the situation. Individuals and entities (2) The individuals and entities are any of the following: (a) an end user; (b) a payment service provider that performs retail payment activities, whether or not this Act applies to them; and (c) a clearing house of a clearing and settlement system, as those expressions are defined in section 2 of the Payment Clearing and Settlement Act, that is designated under subsection 4(1) of that Act.
Opportunity for representations (3) Subject to subsection (4), no order is to be made in
respect of a payment service provider under subsection (1) unless the payment service provider is provided with a opportunity to make representations in respect of the matter.
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Temporary order (4) If, in the Governor’s opinion, the length of time required for representations to be made might be prejudicial to the public interest, the Governor may make a temporary order that has the same effect as an order under subsection (1). The order ceases to have effect 30 days after the day on which it is made or after the expiration of a shorter period that is specified in the order. Continued effect (5) A temporary order continues to have effect after the expiration of the 30-day or the shorter period if no representations are made to the Governor within that period or, if representations are made, the Governor notifies the payment service provider that the Governor is not satisfied that there are sufficient grounds for revoking the order.
Court enforcement 95 (1) If an individual or entity is contravening or has
contravened a provision of this Act, the regulations or an order made under subsection 94(1) or (4), the Governor may, in addition to any other action that may be taken under this Act, apply to a superior court for an order requiring the individual or entity to cease the contravention or to comply with the provision.
Powers of court (2) The court may make the order and may make any other order the court thinks fit.
Appeal (3) An appeal from an order made under subsection (2)
lies in the same manner and to the same court as an appeal from any other order of the court.
National Security National security order 96 (1) The Minister may, by order, direct a payment service provider that performs retail payment activities to take or to refrain from taking any measures related to the performance of retail payment activities if the Minister is of the opinion that it is necessary to do so for reasons related to national security.
Opportunity for representations (2) Subject to subsection (3), no order is to be made under subsection (1) unless the payment service provider is
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provided with a opportunity to make representations in respect of the matter. Temporary order (3) If, in the Minister’s opinion, the length of time required for representations to be made might be prejudicial to the public interest, the Minister may make a temporary order that has the same effect as an order made under subsection (1). The temporary order ceases to have effect 30 days after the day on which it is made or after the expiration of a shorter period that is specified in the order.
Continued effect (4) The temporary order continues to have effect after the expiration of the 30-day or the shorter period if no representations are made to the Minister within that period or, if representations are made, the Minister notifies the payment service provider that the Minister is not satisfied that there are sufficient grounds for revoking the order.
Copy to Bank 97 The Minister must provide the Bank with a copy of each order the Minister makes under subsection 96(1) or (3) and the Bank must, as soon as feasible, provide a copy to the individual or entity in question.
Court enforcement 98 (1) If an individual or entity is not complying with an undertaking provided in accordance with section 42, a condition imposed under section 43 or an order made under section 96, the Minister may, in addition to any other action that may be taken under this Act, apply to a superior court for an order requiring the individual or entity to comply with the undertaking, condition or order.
Powers of court (2) The court may make the order and may make any
other order the court thinks fit. Appeal (3) An appeal from an order made under subsection (2) lies in the same manner and to the same court as an appeal from any other order of the court.
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PART 6
Assessment Fees Bank to ascertain expenses 99 (1) The Bank must, before September 30 in each
year, ascertain the total amount of expenses incurred by it during the immediately preceding calendar year for or in connection with the administration of this Act and deduct from that amount any registration fees paid to it in that preceding calendar year. Amount conclusive (2) The amount ascertained is final and conclusive for
the purposes of this section. Assessment (3) As soon as feasible after ascertaining the amount, the Bank must, in the prescribed manner and to the prescribed extent, assess a portion of the total amount of expenses against each registered payment service provider.
Interim assessment (4) The Bank may, during each calendar year, prepare an interim assessment against any registered payment service provider.
Assessment is binding (5) Every assessment and interim assessment is final and
conclusive and binding on the registered payment service provider against which it is made. Recovery (6) Every assessment and interim assessment constitutes
a debt due to the Bank, is immediately payable and may be recovered as a debt in any court of competent jurisdiction. Interest (7) Interest may be charged on the unpaid amount of an
assessment or interim assessment at a rate equal to 2% plus the rate in effect that is prescribed under the Income Tax Act for amounts payable by the Minister of National Revenue as refunds of overpayments of tax under that Act. Information request 100 (1) The Bank may request, in writing, a registered
payment service provider to provide, within the prescribed period, the Bank with any information that the Bank considers necessary for the purposes of subsection 99(3) or (4).
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Compliance with request (2) The payment service provider must comply with the
request.
PART 7
Regulations Regulations 101 (1) The Governor in Council may, on the recommendation of the Minister, make regulations for the purposes of this Act, including regulations (a) respecting risk management and incident response frameworks; (b) respecting any account referred to in paragraph
20(1)(a) or (c) and the insurance or guarantee referred to in paragraph 20(1)(c); (c) respecting the holding of end-user funds by a payment service provider referred to in subsection 20(1) and the measures to be taken by the payment service provider to ensure that end-user funds or proceeds from any insurance or guarantee referred to in paragraph 20(1)(c) are payable to end users in the event of an insolvency or other specified event; (d) respecting the provision of information in relation
to the holding of end-user funds with the Canada Deposit Insurance Corporation or a member institution as in section 2 of the Canada Deposit Insurance Corporation Act; (e) respecting the acquisition of control for the purposes of section 24; (f) respecting the circumstances in which information referred to in subsection 64(1) may be used as evidence; (g) prohibiting, limiting or restricting the disclosure by payment service providers of information referred to in subsection 64(1); (h) designating, as a violation that may be proceeded
with under Part 5, the contravention of a specified provision of this Act or the regulations; (i) classifying each violation as a minor violation, a serious violation or a very serious violation, classifying a series of minor violations as a serious violation or a very serious violation or classifying a series of serious violations as a very serious violation;
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(j) designating, as a violation that may be proceeded
with under Part 5, the non-compliance with an agreement entered into under section 71; (k) establishing a penalty or a range of penalties in respect of a violation up to a maximum of $10,000,000; (l) if a range of penalties is established by regulations made under paragraph (k), setting out the method of establishing the amount payable as the penalty for the violation, including the criteria to be taken into account; (m) specifying the additional penalty referred to in paragraph 82(1)(b); (n) respecting the service of documents under Part 5, including the manner and proof of service and the circumstances under which documents are deemed to be served; (o) respecting the keeping and retention of records;
and (p) prescribing anything that by this Act is to be prescribed.
Registration fee (2) A registration fee is prescribed for the purposes of
subsection 29(2) if a method for determining the amount of the registration fee is prescribed. Statutory Instruments Act 102 The Statutory Instruments Act does not apply in respect of (a) an order made under section 19; (b) a directive issued under section 40; (c) an order made under section 42 or 43; (d) a notice issued under section 45; (e) a directive issued under subsection 46(2) or section 47; (f) a notice issued under section 52; (g) an order made under subsection 94(1) or (4); or (h) an order made under subsection 96(1) or (3).
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PART 8
Transitional Provisions Definition of transition period 103 In this Part, transition period means the period that begins on the day on which section 29 comes into force and ends on the day before the day on which subsection 25(1) comes into force.
Application required 104 A payment service provider that performs or plans
to perform retail payment activities during the transition period must, within the prescribed period that begins on the day on which section 29 comes into force, apply to the Bank for registration in accordance with that section.
Prescribed periods 105 (1) For greater certainty, a regulation that prescribes a period within which something is to be done or may be done under this Act in relation to an application for registration may distinguish between applications that are submitted during the transition period and applications that are submitted after the end of that period.
Period suspended for Centre (2) If subsection 53.6(1) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, as enacted by section 181 of the Budget Implementation Act, 2021, No. 1, comes into force before or during the transition period, the 30-day period referred to in that subsection is, in relation to an application for registration that is submitted during the transition period, suspended until the end of the transition period.
Prohibition on disclosure of outcome of application 106 During the transition period, the Bank must not disclose the outcome or likely outcome of an application to the applicant unless a directive in relation to the applicant is issued to the Bank under section 40.
Exception to subsection 62(1) 107 Despite subsection 62(1), the Bank may publish the
names of applicants that submit applications during the transition period as well as any prescribed information in relation to those applications. Non-application of section 23 108 Starting on the day on which section 23 comes into
force, that section does not apply to a payment service
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provider who submits an application during the transition period until the earlier of (a) the day on which the Bank notifies the payment service provider under subsection 25(2) that it has been registered; and (b) the day on which the Bank notifies the payment service provider under subsection 48(3) or section 49 of a refusal to register.
Related Amendments R.S., c. C-3
Canada Deposit Insurance Corporation Act 178 Section 45.2 of the Canada Deposit Insurance Corporation Act is amended by adding the following after subsection (1): Information to Governor of the Bank of Canada (1.1) The Corporation may, if it is satisfied that the information will be treated as confidential by the Governor of the Bank of Canada or any officer of the Bank of Canada authorized in writing by the Governor of the Bank of Canada, disclose any information referred to in subsection (1) to the Governor or the designated officer for the purpose of carrying out the Bank of Canada’s objects under the Retail Payment Activities Act or, in relation to any provisions of that Act that are not in force, for the purpose of planning to carry out those objects. 179 Paragraph 45.3(3)(f) of the Act is replaced by the following: (f) to the Governor of the Bank of Canada or any officer of the Bank of Canada authorized in writing by the Governor of the Bank of Canada, for the purposes of policy analysis related to the regulation of financial institutions, for the purpose of carrying out the Bank of Canada’s objects under the Retail Payment Activities Act or, in relation to any provisions of that Act that are not in force, for the purpose of planning to carry out those objects; 2000, c. 17; 2001, c. 41, s. 48
Proceeds of Crime (Money Laundering) and Terrorist Financing Act 180 The Proceeds of Crime (Money Laundering) and Terrorist Financing Act is amended by adding the following after section 53.5:
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Retail Payment Activities Act 53.6 (1) The Centre shall, within 30 days after the day on which it receives the information referred to in section 31 of the Retail Payment Activities Act, notify the Bank of Canada if an applicant referred to in that section (a) has, during the five-year period before the day on
which the application was submitted, been found guilty of contravening a provision referred to in section 74, 75 or 76, subsection 77(1) or section 77.1 of this Act; (b) has, during the five-year period before the day on
which the application was submitted, been served under subsection 73.15(4) of this Act with a notice of a decision or of an imposed penalty in relation to a serious or very serious violation; or (c) is not registered under this Act.
Information respecting payment service providers (2) The Centre shall notify the Bank of Canada as soon as feasible if (a) a payment service provider that is registered, as
those expressions are defined in section 2 of the Retail Payment Activities Act, is found guilty of contravening a provision referred to in section 74, 75 or 76, subsection 77(1) or section 77.1 of this Act; (b) under subsection 73.15(4) of this Act, the Director causes, in relation to a serious or very serious violation, a notice of a decision or of an imposed penalty to be issued and served on a payment service provider that is registered, as those expressions are defined in section 2 of the Retail Payment Activities Act; or (c) the Centre revokes the registration under this Act
of a payment service provider that is registered, as those expressions are defined in section 2 of the Retail Payment Activities Act.
Reviews and appeals (3) The Centre shall notify the Bank of Canada as soon as
feasible if a finding of guilt referred to in paragraph (2)(a) is appealed, if a notice referred to in paragraph (2)(b) is appealed or if a revocation of registration referred to in paragraph (2)(c) is reviewed or appealed and shall notify the Bank of Canada as soon as feasible of the outcome of the appeal or review.
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Exception (4) The Centre is not required to notify the Bank of Canada of a finding of guilt referred to in paragraph (1)(a) or (2)(a) or an appeal referred to in subsection (3) if that information is not readily accessible by the Centre. 181 The portion of subsection 55(1) of the Act before paragraph (a) is replaced by the following:
Disclosure by Centre prohibited 55 (1) Subject to subsections (3) and (6.1), sections 52, 53.4 to 53.6, 55.1, 56.1 and 56.2, subsection 58(1) and sections 65 to 65.1 and 68.1 of this Act and to subsection 12(1) of the Privacy Act, the Centre shall not disclose the following: 182 The Act is amended by adding the following after section 65.02:
Disclosure to Bank of Canada 65.03 (1) The Centre may disclose to the Bank of
Canada any information relating to the compliance with Part 1 or 1.1 of persons or entities to whom Part 1 or 1.1 applies if the Centre is of the opinion that the information is relevant to the Bank of Canada’s objects under the Retail Payment Activities Act.
Limitation (2) Any information disclosed by the Centre under subsection (1) may be used by the Bank of Canada only for the purpose of carrying out the Bank of Canada’s objects under the Retail Payment Activities Act or, in relation to a provision of that Act that is not in force, for the purpose of planning to carry out those objects.
Limitation (3) The Centre shall not disclose any information under subsection (1) that would directly or indirectly identify a client of a person or entity referred to in section 5.
2001, c. 9
Financial Consumer Agency of Canada Act 183 Subsection 17(4) of the Financial Consumer
Agency of Canada Act is replaced by the following:
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Disclosure permitted (4) If the Commissioner is satisfied that the information
will be treated as confidential by the person to whom it is disclosed, the Commissioner may disclose it to (a) the Deputy Minister of Finance, or any officer of
the Department of Finance authorized in writing by the Deputy Minister of Finance, for the purpose of policy analysis related to the regulation of payment card network operators; or (b) the Governor of the Bank of Canada, or any officer of the Bank of Canada authorized in writing by the Governor of the Bank of Canada, for the purpose of carrying out the Bank of Canada’s objects under the Retail Payment Activities Act or, in relation to a provision of that Act that is not in force, for the purpose of planning to carry out those objects. 2010, c. 12, s. 1834
Payment Card Networks Act 184 Subsection 5(7) of the Payment Card Networks Act is replaced by the following:
Disclosure permitted (7) If the Commissioner is satisfied that the information
will be treated as confidential by the person to whom it is disclosed, the Commissioner may disclose it to (a) the Deputy Minister of Finance, or any officer of
the Department of Finance authorized in writing by the Deputy Minister of Finance, for the purpose of policy analysis related to the regulation of payment card network operators; or (b) the Governor of the Bank of Canada, or any officer of the Bank of Canada authorized in writing by the Governor of the Bank of Canada, for the purpose of carrying out the Bank of Canada’s objects under the Retail Payment Activities Act or, in relation to a provision of that Act that is not in force, for the purpose of planning to carry out those objects.
Coordinating Amendments This Act 185 On the first day on which both subsection
167(1) and section 181 of this Act are in force, the portion of subsection 55(1) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act before paragraph (a) is replaced by the following:
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Disclosure by Centre prohibited 55 (1) Subject to subsections (3) and (6.1), sections 52,
53.1, 53.4 to 53.6, 55.1, 56.1 and 56.2, subsection 58(1) and sections 58.1, 65 to 65.1 and 68.1 of this Act and to subsection 12(1) of the Privacy Act, the Centre shall not disclose the following:
2018, c. 12 186 On the first day on which both section 202 of the Budget Implementation Act, 2018, No. 1 and section 20 of the Retail Payment Activities Act, as enacted by section 177 of this Act, are in force, the definition professional trustee in section 2 of the Canada Deposit Insurance Corporation Act is amended by striking out “or” at the end of paragraph (e), by adding “or” at the end of paragraph (f) and by adding the following after paragraph (f): (g) a payment service provider that is registered as
those expressions are defined in section 2 of the Retail Payment Activities Act. (fiduciaire professionnel)
Coming into Force Order in council 187 (1) The provisions of the Retail Payment Activities Act, as enacted by section 177 of this Act, other than sections 1 to 10, 12 to 16 and 61, subsections 62(1), (3) and (4) and section 63, come into force on a day or days to be fixed by order of the Governor in Council. Order in council (2) Sections 180 and 181 come into force on a day or days to be fixed by order of the Governor in Council.
DIVISION 8 R.S., c. 32 (2nd Supp.)
Pension Benefits Standards Act, 1985 Amendments to the Act 188 Section 10 of the Pension Benefits Standards Act, 1985 is amended by adding the following after subsection (6):
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Funding and governance policies (7) The administrator of a negotiated contribution plan
must, before the plan is filed for registration, establish a funding policy and a governance policy that contain the prescribed information.
Filing not required (8) The administrator is not required, for the purposes of subsection (1), to file the funding policy and the governance policy established under subsection (7) or to file any amendment to those policies for the purposes of subsection 10.1(1).
Compliance of policies (9) While the plan remains in force, the administrator must ensure that the funding policy and the governance policy established under subsection (7) comply with this Act and the regulations.
Transitional provision (10) An administrator of a negotiated contribution plan
that was registered or was filed for registration under this section before the day on which subsection (7) comes into force must, within one year after that day, establish the policies referred to in subsection (7). 189 (1) The portion of paragraph 10.1(2)(a) of the
Act before subparagraph (i) is replaced by the following: (a) with respect to a pension plan, it would have the
effect of reducing
(2) Paragraphs 10.1(2)(b) to (d) of the Act are replaced by the following: (b) with respect to a pension plan other than a negotiated contribution plan, (i) the solvency ratio of the pension plan would fall below the prescribed solvency ratio level, (ii) the amendment would reduce the solvency ratio of the pension plan and the solvency ratio would be below the prescribed solvency ratio level once the amendment is made, or
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(iii) the solvency ratio of the pension plan is below the prescribed solvency ratio level and the amendment would increase pension benefits or pension benefit credits; or (c) with respect to a negotiated contribution plan, the
amendment does not meet the requirements of the regulations. 190 Subsection 39(1) of the Act is amended by adding the following after paragraph (h.2): (h.3) respecting, for the purposes of paragraph
10.1(2)(c), amendments referred to in section 10.1 regarding negotiated contribution plans;
Coming into Force Order in council 191 This Division comes into force on a day to be
fixed by order of the Governor in Council.
DIVISION 9 2005, c. 9; 2012, c. 19, s. 658
First Nations Fiscal Management Act 192 The First Nations Fiscal Management Act is
amended by adding the following after section 88:
Assignment — revenues payable by Her Majesty 88.1 (1) Despite section 67 of the Financial Administration Act and anything else in federal or provincial law, a borrowing member may, for the purposes of paragraph 74(b), assign the rights to any of the other revenues referred to in that paragraph that are payable to the borrowing member by Her Majesty in right of Canada.
Assignment not binding (2) An assignment referred to in subsection (1) is not
binding on Her Majesty in right of Canada and, without limiting the generality of the foregoing, (a) a minister of, or other person acting on behalf of,
Her Majesty in right of Canada is not required to pay to the assignee the assigned revenues; (b) the assignment does not create any liability of Her
Majesty in right of Canada to the assignee; and
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(c) the rights of the assignee are subject to all rights of
set-off or compensation in favour of Her Majesty in right of Canada.
DIVISION 10 R.S., c. F-8; 1995, c. 17, s. 45
Federal-Provincial Fiscal Arrangements Act (Fiscal Stabilization Payments) Amendments to the Act 193 (1) Paragraph (a) of the description of C in subsection 6(1) of the Federal-Provincial Fiscal Arrangements Act is replaced by the following: (a) 95%, if the natural resource revenue of the
province for the fiscal year is greater than 95% of the natural resource revenue of the province for the preceding fiscal year, (2) Paragraph (a) of the description of E in subsection 6(1) of the Act is replaced by the following: (a) one, if the natural resource revenue of the province for the fiscal year is either greater than 95% of the natural resource revenue of the province for the preceding fiscal year or less than one half of the natural resource revenue of the province for the preceding fiscal year, or (3) Paragraph 6(4)(b) of the Act is replaced by the
following: (b) despite subsection (5), the value of the additional tax abatement units as determined in accordance with subsection 27(2). (4) Paragraphs 6(5)(b) and (c) of the Act are replaced by the following: (b) the province’s revenue for the fiscal year derived from personal income taxes, described in paragraph (a) of the definition revenue source in subsection 3.9(1), is deemed to be the total amount, determined in accordance with the regulations, of the provincial personal income taxes that are payable as the result of
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assessments or reassessments made in the calendar year that begins in the fiscal year; and (c) the province’s revenue for the fiscal year derived from that part of the revenue source described in paragraph (b) of the definition revenue source in subsection 3.9(1) that consists of corporation income taxes is deemed to be the amount, determined in accordance with the regulations, of the provincial corporation income taxes that are payable as the result of assessments or reassessments made in the calendar year that begins in the fiscal year. (5) Subsections 6(7) and (8) of the Act are replaced by the following:
Application by province for payment (7) A fiscal stabilization payment may be paid to a
province for a fiscal year only on receipt by the Minister, not later than the end of the next fiscal year, of an application by the province containing any information that may be prescribed. Limit (8) Subject to subsection (9), for each fiscal year that begins after March 31, 2019, the maximum amount of the fiscal stabilization payment that may be paid to a province is the amount obtained by multiplying the population of the province for the fiscal year by the amount determined by the formula A×B÷C
where A
is $166;
B
is the highest per capita nominal gross domestic product of Canada of any calendar year from 2018 to the calendar year that ends during the fiscal year, inclusive; and
C
is the per capita nominal gross domestic product of Canada for the calendar year 2018.
Population (8.1) For the purposes of subsection (8), (a) the population of a province for a fiscal year is its
population as of July 1 of that year, based on the most recent information that has been prepared by Statistics Canada in accordance with the regulations; and (b) the per capita nominal gross domestic product of
Canada for a calendar year is to be determined by the Minister using the population of Canada as of July 1 of that year, based on the most recent information for
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the population that has been prepared by Statistics Canada in accordance with the regulations. 194 (1) Paragraph 40(a.1) of the Act is replaced
by the following: (a.1) respecting the information that must be prepared and submitted by the Chief Statistician of Canada for the purposes of Parts I, I.1, II and V.1; (2) Section 40 of the Act is amended by adding the following after paragraph (a.3): (a.4) respecting the determination of the amounts for
the purposes of paragraphs 6(5)(b) and (c);
Transitional Provision Continuation 195 The following continue to apply with respect
to fiscal stabilization payments for the fiscal years beginning on April 1, 2019 and April 1, 2020: (a) subsection 6(1), paragraphs 6(4)(b) and
(5)(b) and (c) and subsection 6(7) of the Federal-Provincial Fiscal Arrangements Act, as they read immediately before the day on which this Act receives royal assent; and (b) any regulations made under that Act that apply in respect of any of those subsections and paragraphs, as the regulations read immediately before that day.
DIVISION 11 R.S., c. F-8; 1995, c. 17, s. 45
Federal-Provincial Fiscal Arrangements Act (Additional Health Payments) 196 The
Federal-Provincial Fiscal Arrangements Act is amended by adding the following after section 24.71:
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Additional Payments Total payment of $4 billion 24.72 The Minister may pay an additional cash payment
equal to (a) for Ontario, $1,550,847,000; (b) for Quebec, $902,412,000; (c) for Nova Scotia, $103,022,000; (d) for New Brunswick, $82,196,000; (e) for Manitoba, $145,208,000; (f) for British Columbia, $541,788,000; (g) for Prince Edward Island, $16,792,000; (h) for Saskatchewan, $124,089,000; (i) for Alberta, $465,330,000; (j) for Newfoundland and Labrador, $55,009,000; (k) for Yukon, $4,427,000; (l) for the Northwest Territories, $4,756,000; and (m) for Nunavut, $4,124,000.
DIVISION 12
Canada’s COVID-19 Immunization Plan Total payment of $1 billion 197 (1) The Minister of Finance may make the following payments to the provinces and territories in respect of Canada’s COVID-19 immunization plan: (a) to Ontario, $387,712,000; (b) to Quebec, $225,603,000; (c) to Nova Scotia, $25,755,000; (d) to New Brunswick, $20,549,000; (e) to Manitoba, $36,302,000; (f) to British Columbia, $135,447,000;
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(g) to Prince Edward Island, $4,198,000; (h) to Saskatchewan, $31,022,000; (i) to Alberta, $116,333,000; (j) to Newfoundland and Labrador, $13,752,000; (k) to Yukon, $1,107,000; (l) to the Northwest Territories, $1,189,000; and (m) to Nunavut, $1,031,000.
Payments out of C.R.F. (2) Any amount payable under subsection (1) may be paid by the Minister of Finance out of the Consolidated Revenue Fund at the times and in the manner that the Minister of Finance considers appropriate.
DIVISION 13
Canada Community-Building Fund Additional Payments Maximum payment of $2.2 billion 198 Despite section 161 of the Keeping Canada’s
Economy and Jobs Growing Act, as amended by section 233 of the Economic Action Plan 2013 Act, No. 1 and paragraph 375(1)(i) of the Budget Implementation Act, 2019, No. 1, there may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Infrastructure and Communities or the Minister of Indigenous Services, in accordance with terms and conditions approved by the Treasury Board, in addition to the sum referred to in that section 161, a sum not exceeding $2,200,000,000 to provinces, territories, municipalities, municipal associations, provincial, territorial and municipal entities and First Nations for the purpose of municipal, regional and First Nations infrastructure.
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2011, c. 24
Keeping Canada’s Economy and Jobs Growing Act 199 The heading of Part 9 of the Keeping Canada’s Economy and Jobs Growing Act is replaced by the following:
Canada Community-Building Fund — Financing Municipal Infrastructure
DIVISION 14
Hibernia Dividend Backed Annuity Agreement Maximum amount of $3,056,491,000 200 (1) There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Finance and in accordance with the terms and conditions provided for in the agreement, the annual payments to be made to Newfoundland and Labrador, to a maximum amount of $3,056,491,000. Sunset provision (2) A payment out of the Consolidated Revenue
Fund must not be made under this section after March 31, 2057. Definition of agreement (3) In this section, agreement means the Hibernia
Dividend Backed Annuity Agreement entered into between Her Majesty in right of Canada and Her Majesty in right of Newfoundland and Labrador and dated April 1, 2019.
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DIVISION 15 2005, c. 30, s. 85
Nova Scotia and Newfoundland and Labrador Additional Fiscal Equalization Offset Payments Act 201 Section 12 of the Nova Scotia and Newfoundland and Labrador Additional Fiscal Equalization Offset Payments Act is amended by adding the following after subsection (2): Additional fiscal equalization offset payment for 2020– 2021 (3) For the 2020-2021 fiscal year, the Minister shall make
an additional fiscal equalization offset payment to the Province in the amount of $85,626,000.
Extension of Canada–Nova Scotia Arrangement for 2021–2023 (4) For any fiscal year between April 1, 2021 and March 31, 2023, the Minister shall make additional fiscal equalization offset payments to the Province, determined in accordance with the formula set out in section 8, if the Province receives a fiscal equalization payment for that fiscal year.
DIVISION 16 1993, c. 38
Telecommunications Act 202 The Telecommunications Act is amended by
adding the following after section 46.5:
Non-application of sections 12 and 62 46.6 Sections 12 and 62 do not apply in respect of a decision of the Commission, made on or after the day on which this section comes into force, on whether or not to allocate funding from a fund referred to in section 46.5 to expand access to telecommunications services in underserved areas.
Review of funding decisions 46.7 The Commission may, on its own motion, review and rescind or vary a decision made by it on whether or not to allocate funding from a fund referred to in section
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46.5 to expand access to telecommunications services in underserved areas or re-hear a matter before rendering such a decision. Request from federal minister or agency 46.8 (1) The Commission shall, on request, provide a federal minister, other than the Minister, or an agency of the Government of Canada with any information that is submitted to the Commission in the course of a proceeding before it relating to the allocation of funding from a fund referred to in section 46.5 to expand access to telecommunications services in underserved areas.
Restriction (2) The minister or agency may make a request only if
the minister or agency is authorized to provide financial support for access to telecommunications services in underserved areas and the minister or agency considers the information to be relevant to coordinating that financial support. Use (3) The minister or agency may use information received under subsection (1) only for the purpose of coordinating financial support for access to telecommunications services in underserved areas.
Confidentiality and disclosure (4) The minister or agency shall treat information received under subsection (1) as confidential but may disclose it for the purpose referred to in subsection (3) (a) to the Minister; (b) to any minister or agency that is entitled to make a
request under this section; and (c) with the approval of the Commission, to any minister or agency that is entitled to make a request under section 46.9.
Use, confidentiality and disclosure (5) A minister or agency to whom information is disclosed under subsection (4) may use the information only for the purpose referred to in subsection (3). The minister or agency shall treat the information as confidential but may disclose it in accordance with subsection (4).
Request from provincial minister or agency 46.9 (1) The Commission may, on request, provide a
provincial minister or a provincial government agency with any information that is submitted to the Commission in the course of a proceeding before it relating to the
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allocation of funding from a fund referred to in section 46.5 to expand access to telecommunications services in underserved areas if providing the information would not, in the opinion of the Commission, advantage the provincial government or provincial government agency concerned. Restriction (2) The minister or agency may make a request only if the minister or agency is authorized to provide financial support for access to telecommunications services in underserved areas and the minister or agency considers the information to be relevant to coordinating that financial support.
Use (3) The minister or agency may use information received under subsection (1) only for the purpose of coordinating financial support for access to telecommunications services in underserved areas.
Confidentiality and disclosure (4) The minister or agency shall treat information received under subsection (1) as confidential but may disclose it for the purpose referred to in subsection (3) (a) to the Minister; (b) to any minister or agency that is entitled to make a
request under section 46.8; and (c) with the approval of the Commission, to any minister or agency that is entitled to make a request under this section.
Use, confidentiality and disclosure (5) A minister or agency to whom information is disclosed under subsection (4) may use the information only for the purpose referred to in subsection (3). The minister or agency shall treat the information as confidential but may disclose it in accordance with subsection (4).
Status of application for funding 46.91 (1) The Commission shall, on request, provide the Minister with information concerning the status of any application submitted to it for the allocation of funding from a fund referred to in section 46.5 to expand access to telecommunications services in underserved areas.
Restriction (2) The Minister may make a request only if the Minister considers the information to be relevant to coordinating
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financial support for access to telecommunications services in underserved areas. Use (3) The Minister may use information received under subsection (1) only for the purpose of coordinating financial support for access to telecommunications services in underserved areas.
Confidentiality and disclosure (4) The Minister shall treat information received under subsection (1) as confidential but may disclose it for the purpose referred to in subsection (3) (a) to any minister or agency that is entitled to make a
request under section 46.8; and (b) with the approval of the Commission, to any minister or agency that is entitled to make a request under section 46.9.
Disclosure not waiver (5) The disclosure of information under subsection (1) or (4) does not, by itself, constitute a waiver of any privilege that may exist with respect to the information. 203 Section 62 of the French version of the Act is
replaced by the following: Révision des décisions 62 Le Conseil peut, sur demande ou de sa propre initiative, réviser, annuler ou modifier ses décisions, ou entendre à nouveau une question avant de rendre de telles décisions.
DIVISION 17 1998, c. 36
Canada Small Business Financing Act Amendments to the Act 204 (1) The definition loan in section 2 of the Canada Small Business Financing Act is replaced by the following:
loan means a loan, including a line of credit, that meets the conditions set out in subsection 4(1) and is made to a borrower that meets the criteria set out in subsection 4(2). (prêt)
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(2) The portion of the definition small business in
section 2 of the Act before paragraph (a) is replaced by the following: small business means a business carried on or about to be carried on in Canada with an estimated gross annual revenue (3) The portion of the definition small business in
section 2 of the Act after paragraph (b) is replaced by the following: It does not include the business of farming. (petite entreprise) 205 (1) Subsection 4(2) of the Act is amended by striking out “and” at the end of paragraph (c) and by replacing paragraph (d) with the following: (d) in the case of a loan made after June 22, 2015 but
before the day on which paragraph (e) comes into force, the outstanding loan amount in relation to the borrower does not exceed $1,000,000 or any prescribed lesser amount, of which a maximum of $350,000 or any prescribed lesser amount is for a purpose other than the purchase or improvement of real property or immovables of which the borrower is or will become the owner; and (e) in the case of a loan made on or after the day on which this paragraph comes into force, the outstanding loan amount in relation to the borrower does not exceed $1,150,000 or any prescribed lesser amount, of which maximum amounts may be prescribed for a loan other than a line of credit, a line of credit and prescribed classes of loans. (2) Subsection 4(3) of the Act is replaced by the following:
Meaning of outstanding loan amount (3) The outstanding loan amount referred to in any of
paragraphs (2)(b) to (e) is the aggregate of the amount of the proposed loan and the principal amount outstanding, in respect of the borrower and all borrowers that are related to that borrower within the meaning of the regulations, of all loans made under this Act and guaranteed business improvement loans made under the Small Business Loans Act. 206 (1) Subsection 6(1) of the Act is replaced by
the following:
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Program liability ceiling 6 (1) The Minister is not liable to make any payment to
a lender in respect of a loss sustained by it as a result of a loan made and registered after the Minister’s aggregate contingent liability in respect of the aggregate amount of the loans made by all lenders and registered by the Minister during each consecutive five-year period, starting with the period beginning on April 1, 1999, has exceeded $1.5 billion or any other amount that is provided by an appropriation Act or another Act of Parliament. (2) Subsection 6(2) of the Act is replaced by the
following: Limitation of liability in respect of each lender — loans other than lines of credit (2) The liability of the Minister to make any payment to a
lender in respect of losses sustained by it as a result of loans, other than lines of credit, made by it and registered by the Minister during each consecutive five-year period, starting with the period beginning on April 1, 1999, is limited to the total of (a) 90%, or any prescribed lesser percentage, of that
part of the aggregate principal amount of the loans — other than lines of credit — made by it during that period that does not exceed $250,000, (b) 50%, or any prescribed lesser percentage, of that
part of the aggregate principal amount of the loans — other than lines of credit — made by it during that period that exceeds $250,000 but does not exceed $500,000, (c) 10%, or any prescribed lesser percentage, of that part of the aggregate principal amount of the loans — other than lines of credit — made by it before April 1, 2009 that exceeds $500,000, and (d) 12%, or any prescribed lesser percentage, of that
part of the aggregate principal amount of the loans — other than lines of credit — made by it after March 31, 2009 that exceeds $500,000. Limitation of liability in respect of each lender — lines of credit (3) The liability of the Minister to make any payment to a lender in respect of losses sustained by it as a result of lines of credit authorized by it and registered by the Minister during each consecutive five-year period, starting with the period beginning on April 1, 2019, is limited to the total of 15%, or any prescribed lesser percentage, of the aggregate amount of the lines of credit authorized by it.
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207 Subsection 7(1) of the Act is amended by striking out “and” at the end of paragraph (b) and by replacing paragraph (c) with the following: (c) in the case of a loan made after June 22, 2015 but before the day on which paragraph (d) comes into force, $1,000,000 or any prescribed lesser amount, of which a maximum of $350,000 or any prescribed lesser amount is for a purpose other than the purchase or improvement of real property or immovables of which the borrower is or will become the owner; and (d) in the case of a loan made on or after the day on which this paragraph comes into force, $1,150,000 or any prescribed lesser amount, of which maximum amounts may be prescribed for a loan other than a line of credit, a line of credit and prescribed classes of loans.
Coming into Force Order in council 208 This Division, other than subsections 204(2)
and (3) and 206(1), comes into force on a day to be fixed by order of the Governor in Council.
DIVISION 18 R.S., c. 1 (2nd Supp.)
Customs Act Amendments to the Act 209 Subsection 32.2(3) of the Customs Act is replaced by the following:
Correction treated as re-determination (3) A correction made under this section after the prescribed day is to be treated for the purposes of this Act as if it were a re-determination under paragraph 59(1)(a). 210 Section 33.4 of the Act is replaced by the following: Interest 33.4 (1) Subject to the regulations, any person who is liable to pay an amount of duties in respect of imported goods shall pay, in addition to the amount, interest at the
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specified rate, calculated on the outstanding balance of the amount, (a) in the case of goods released prior to the accounting required under subsection 32(1), for the period beginning on the day after the prescribed day and ending on the day on which the amount has been paid in full; and (b) in the case of all other goods, for the period beginning on the day after the day on which the person became liable to pay the amount and ending on the day on which the amount has been paid in full.
Restriction — prescribed day (2) The prescribed day referred to in paragraph (1)(a)
falls (a) at the earliest, on the 12th day after the end of the period that begins on the 18th day of a month and ends on the 17th day of the following month and that includes the earlier of (i) the day on which the goods in question are accounted for, and (ii) the last day on which those goods are required to be accounted for; and (b) at the latest, on the 18th day after the end of the
period referred to in paragraph (a). Regulations — interest-free period (3) The Governor in Council may, on the recommendation of the Minister of Finance, make regulations respecting the circumstances and conditions under which any person who is liable to pay an amount of duties in respect of imported goods is not liable to pay interest on that amount for the period specified in the regulations. 211 Section 35 of the Act is renumbered as subsection 35(1) and is amended by adding the following: Obligation to satisfy terms and conditions (2) If a deposit, bond or other security given under subsection (1) is subject to terms and conditions prescribed by regulations made under paragraph 166(1)(b), the person who has given the deposit, bond or other security shall satisfy those terms and conditions. 212 Subsection 45(1) of the Act is amended by adding the following in alphabetical order:
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sold for export to Canada has the meaning assigned by the regulations. (vendre pour exportation au Canada) 213 Subsections 97.22(2) and (3) of the Act are replaced by the following:
Penalty or ascertained forfeiture (2) Any amount of money demanded as a penalty in a
notice of assessment served under section 109.3 and any interest payable under section 109.5 or any amount of money demanded in a notice served under section 124 and any interest payable under subsection 124(6) is, from and after the time of service, a debt due to Her Majesty in right of Canada from the person on whom the notice is served and the person shall pay that amount on or before the prescribed day or request a decision of the Minister of Public Safety and Emergency Preparedness under section 131 within 90 days after the time of service. Amounts demanded (3) Any amount of money demanded under paragraph
133(1)(c) or (1.1)(b) and any interest payable under subsection 133(7) is, from and after the time notice is served under subsection 131(2), a debt due to Her Majesty in right of Canada from the person who requested the decision and the person shall pay the amount so demanded on or before the prescribed day or, if the person appeals the decision of the Minister of Public Safety and Emergency Preparedness under section 135, give security satisfactory to that Minister. 214 The portion of subsection 97.34(1) of the Act
before paragraph (a) is replaced by the following: Collection action delayed 97.34 (1) If a person is liable for the payment of an amount under this Act, if an amount is demanded in a notice served under section 109.3 or 124, or if an amount is demanded under paragraph 133(1)(c) or subsection 133(1.1) in a notice served under subsection 131(2), the Minister must not, for the purpose of collecting the amount, take the following actions until the 91st day after, in the case of an amount owed under this Act, the day on which notice is given to the debtor or, in the case of an amount demanded in a notice served under section 109.3 or 124 or subsection 131(2), the prescribed day:
215 Section 109.5 of the Act is replaced by the following:
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Interest on penalties 109.5 A person on whom a notice of assessment of a penalty has been served under section 109.3 shall pay, in addition to the penalty, interest at the prescribed rate for the period beginning on the day after the prescribed day and ending on the day on which the penalty has been paid in full, calculated on the outstanding balance of the penalty. 216 Subsection 124(6) of the Act is replaced by the following:
Interest (6) A person on whom a notice of ascertained forfeiture
has been served shall pay, in addition to the amount set out in the notice, interest at the prescribed rate for the period beginning on the day after the prescribed day and ending on the day on which the amount is paid in full, calculated on the outstanding balance. 217 Subsection 133(7) of the Act is replaced by
the following: Interest (7) If an amount of money is demanded under paragraph
(1)(c) or (1.1)(b), the person to whom the demand is made shall pay the amount demanded together with interest at the prescribed rate for the period beginning on the day after the prescribed day and ending on the day on which the amount has been paid in full, calculated on the outstanding balance of the amount.
Coming into Force Order in council 218 The provisions of this Division come into
force on a day or days to be fixed by order of the Governor in Council.
DIVISION 19 2020, c. 1
Canada–United States–Mexico Agreement Implementation Act 219 Section 16 of the Canada–United States– Mexico Agreement Implementation Act is replaced by the following:
Powers of Minister — Chapter 10 of Agreement 16 (1) The Minister, with the concurrence of the Minister of Finance, may
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(a) appoint panellists in accordance with paragraphs 2
and 3 of Annex 10-B.1 of the Agreement; (b) appoint a committee member in accordance with
paragraph 1 of Annex 10-B.3 of the Agreement; and (c) propose the names of individuals for a roster referred to in Annex 10-B.1 or 10-B.3 of the Agreement.
Powers of Minister — Chapter 31 of Agreement (2) The Minister may (a) appoint panellists in accordance with Article 31.9
of the Agreement; (b) propose the names of individuals for a roster referred to in Article 31.8 of the Agreement; and (c) propose the names of individuals for the lists referred to in Article 31-B.3 of Annex 31-B of the Agreement.
DIVISION 20
Social Security Tribunal 2005, c. 34; 2013, c. 40, s. 205
Department of Employment and Social Development Act 220 Section 45 of the Department of Employment and Social Development Act is amended by adding the following after subsection (5):
Completion of ongoing matters (6) An individual who ceases to be a member for any reason other than removal may, at the request of the Chairperson, within 12 weeks after ceasing to be a member, carry out and complete any duties and functions that they would otherwise have had in connection with any matter that came before the Tribunal while they were still a member and in respect of which there was any proceeding in which they participated as a member. For that purpose, the person is deemed to be a part-time member. 221 The Act is amended by adding the following after section 45:
Chairperson 45.1 (1) The Chairperson
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(a) must take any action that is necessary to ensure
that the members of the Tribunal carry out their duties and functions efficiently and without undue delay; (b) may issue guidelines in writing to members of the
Tribunal and identify decisions of the Tribunal as jurisprudential guides, to assist members in carrying out their duties; and (c) may designate, from among the full-time members of the Tribunal, coordinating members to assist the Vice-chairpersons.
Rules (2) The Chairperson may, with the approval of the Minister, make rules respecting the procedure to be followed on applications made or appeals brought to the Tribunal.
Statutory Instruments Act (3) Guidelines issued by the Chairperson under paragraph (1)(b) are not statutory instruments for the purposes of the Statutory Instruments Act. 222 The Act is amended by adding the following after section 50:
Competence and compellability 50.1 A member of the Tribunal is not competent or
compellable to appear as a witness in any civil proceedings in respect of any matter coming to their knowledge in the course of the exercise of a power or in the performance of a duty or function of the Tribunal. 223 Subsection 52(2) of the French version of the
Act is replaced by the following: Délai supplémentaire (2) La division générale peut proroger le délai pour interjeter appel; cependant, cet appel ne peut en aucun cas être interjeté plus d’un an suivant la date où l’appelant a reçu communication de la décision. 224 Section 53 of the Act is repealed. 225 Subsection 54(2) of the Act is replaced by the following:
Reasons (2) The General Division may give a decision orally or in
writing and must give reasons. Copies of the decision and reasons, written or, in the case of an oral decision and reasons, reduced to writing, must be sent to the appellant and the Minister or the Commission, as the case may be, and any other party.
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226 Subsection 56(2) of the Act is repealed. 227 Section 57 of the Act is replaced by the following:
Appeal — time limit 57 (1) An application for leave to appeal must be made
to the Appeal Division in the prescribed form and manner and within (a) in the case of a decision made by the Employment Insurance Section, 30 days after the day on which the decision and reasons are communicated in writing to the appellant; and (b) in the case of a decision made by the Income Security Section, 90 days after the day on which the decision and reasons are communicated in writing to the appellant.
Extension (2) The Appeal Division may allow further time within
which an application for leave to appeal is to be made, but in no case may an application be made more than one year after the day on which the decision and reasons are communicated in writing to the appellant. 228 (1) The portion of subsection 58(1) of the Act
before paragraph (b) is replaced by the following: Grounds of appeal — Employment Insurance Section 58 (1) The only grounds of appeal of a decision made by
the Employment Insurance Section are that the Section (a) failed to observe a principle of natural justice or
otherwise acted beyond or refused to exercise its jurisdiction; (2) Paragraphs 58(1)(b) and (c) of the English version of the Act are replaced by the following: (b) erred in law in making its decision, whether or not the error appears on the face of the record; or (c) based its decision on an erroneous finding of fact
that it made in a perverse or capricious manner or without regard for the material before it. (3) Subsections 58(3) to (5) of the Act are repealed. 229 The Act is amended by adding the following after section 58:
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Leave to appeal — Income Security Section 58.1 Leave to appeal a decision made by the Income Security Section is to be granted if the application for leave to appeal (a) raises an arguable case that the Section failed to observe a principle of natural justice or otherwise acted beyond or refused to exercise its jurisdiction; (b) raises an arguable case that the Section erred in
law, in fact or in mixed law and fact, in making its decision; or (c) sets out evidence that was not presented to the Section.
Decision — leave to appeal 58.2 (1) The Appeal Division must either grant or refuse
leave to appeal a decision made by the General Division.
Leave refused (2) If the Appeal Division refuses leave, it must give its
decision in writing, with reasons, and send copies of the decision and reasons to the appellant and any other party. Leave granted (3) If the Appeal Division grants leave, it must give its
decision in writing and send copies of the decision to the appellant and any other party. At the request of the appellant or any other party made within 10 days after the day on which the decision is communicated to the appellant or other party, as the case may be, the Appeal Division must send written reasons for its decision to the appellant and any other party. Judicial review (4) The period within which to apply for judicial review with respect to a decision of the Appeal Division to grant leave is calculated from the day on which the decision is communicated to the appellant or other party, as the case may be, or the day on which the reasons are communicated to the appellant or other party, as the case may be, whichever is later.
Notice of appeal (5) If leave to appeal is granted, the application for leave to appeal becomes the notice of appeal and is deemed to have been filed on the day on which the application for leave to appeal was filed.
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Hearing de novo — Income Security Section 58.3 An appeal to the Appeal Division of a decision
made by the Income Security Section is to be heard and determined as a new proceeding. 230 (1) Subsection 59(1) of the Act is replaced by
the following: Decision 59 (1) The Appeal Division may dismiss the appeal, give
the decision that the General Division should have given or confirm, rescind or vary the decision of the General Division in whole or in part. In the case of an appeal of a decision made by the Employment Insurance Section, the Appeal Division may also refer the matter back to the Employment Insurance Section for reconsideration in accordance with any directions that the Appeal Division considers appropriate. (2) Subsection 59(2) of the English version of the Act is replaced by the following:
Reasons (2) The Appeal Division must give its decision in writing,
with reasons, and send copies of the decision and reasons to the appellant and any other party. 231 Sections 61 and 62 of the Act are replaced by the following:
Tribunal sittings 61 Every application made or appeal brought to the Tribunal is to be heard before a single member unless the Chairperson is of the opinion that a panel of three members should be constituted.
Tribunal hearings 62 All or part of a Tribunal hearing may be held in private in the circumstances provided for in the regulations. 232 The Act is amended by adding the following after section 63:
Representation of party 63.1 A party may, at their own expense, be represented
by a representative of their choice. 233 (1) Subsection 64(1) of the Act is replaced by
the following:
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Powers of tribunal 64 (1) The Tribunal may decide any question of law or
fact that is necessary for the disposition of any application made or appeal brought under this Act. (2) The portion of subsection 64(2) of the Act before paragraph (a) is replaced by the following:
Canada Pension Plan (2) Despite subsection (1), in the case of an application or appeal relating to the Canada Pension Plan, the Tribunal may only decide questions of law or fact as to (3) Subsection 64(3) of the Act is replaced by the following:
Employment Insurance Act (3) If a question specified in section 90 of the Employment Insurance Act arises in the consideration of an application or in an appeal, it must be determined by an authorized officer of the Canada Revenue Agency, as provided by that section. 234 (1) Section 65 of the Act is amended by adding the following after paragraph (a): (a.1) an appeal in respect of a death benefit, within the meaning of the Canada Pension Plan, payable to the estate or succession of a deceased contributor; (a.2) an appeal in respect of a disabled contributor’s child’s benefit, within the meaning of the Canada Pension Plan, payable to each child of a disabled contributor; (a.3) an appeal in respect of an orphan’s benefit, within the meaning of the Canada Pension Plan, payable to each orphan of a deceased contributor; (2) Section 65 of the Act is amended by striking out “or” at the end of paragraph (b) and by adding the following after paragraph (c): (d) an appeal in respect of an allowance, as defined in section 2 of the Old Age Security Act, payable to the spouse, common-law partner or former common-law partner of a pensioner; or (e) an appeal in respect of a supplement, as defined
in section 2 of the Old Age Security Act, payable to a pensioner whose spouse, common-law partner or former common-law partner is a beneficiary of a supplement or an allowance.
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235 Sections 66 to 68 of the Act are replaced by the following:
Time limits 67 The Chairperson or a Vice-chairperson may, in any
particular case for special reasons, extend the time within which the Tribunal is required by regulation to make a decision under subsections 54(1), 58.2(1) and 59(1). Decision final 68 The decision of the Tribunal on any application made
or appeal brought under this Act is final and, except for judicial review under the Federal Courts Act, is not subject to appeal to or review by any court.
Annual report 68.1 The Chairperson must, within three months after
the end of each fiscal year, submit to the Minister a report on the Tribunal’s performance during that fiscal year. 236 (1) Paragraph 69(a) of the Act is replaced by the following: (a) the procedure to be followed on applications made
or appeals brought to the Tribunal; (a.1) the circumstances in which a hearing may be held in private; (2) Paragraph 69(c) of the Act is replaced by the
following: (c) the time within which the Tribunal must make a
decision under subsections 54(1), 58.2(1) and 59(1); R.S., c. F-7; 2002, c. 8, s. 14
Consequential Amendment to the Federal Courts Act 237 Paragraph 28(1)(g) of the Federal Courts Act, as enacted by subsection 272(2) of the Jobs, Growth and Longterm Prosperity Act, is replaced by the following: (g.1) the Appeal Division of the Social Security Tribunal established under section 44 of the Department of Employment and Social Development Act, unless the decision is made under subsection 57(2) or section 58.2 of that Act or relates to an appeal respecting a decision relating to further time to make a request under subsection 52(2) of that Act, section 81 of the Canada Pension Plan, section 27.1 of the Old Age Security Act or section 112 of the Employment Insurance Act;
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Transitional Provisions Definitions 238 The following definitions apply in this section and sections 239 to 243.
Appeal Division means the Appeal Division of the Tribunal. (division d’appel) former Act means the Department of Employment and Social Development Act as it read immediately before the day on which this Division comes into force. (ancienne loi) General Division means the General Division of the Tribunal. (division générale) Income Security Section means the Income Security Section of the General Division of the Tribunal. (section de la sécurité du revenu) new Act means the Department of Employment and Social Development Act as it reads on the day on which this Division comes into force. (nouvelle loi) Tribunal means the Social Security Tribunal established under section 44 of the Department of Employment and Social Development Act. (Tribunal) Clarification — immediate application 239 For greater certainty, but subject to sections 240 to 242, the new Act applies in respect of applications and appeals that are ongoing on the day on which this Division comes into force.
Time limit for appeals — summary dismissal 240 (1) An appeal of a decision made by the General Division under section 53 of the former Act must be brought to the Appeal Division within 90 days after the day on which this Division comes into force. Despite subsection 56(1) of the new Act, no leave is necessary.
Appeals — summary dismissal (2) An appeal of a decision made by the General
Division under section 53 of the former Act that is ongoing on the day on which this Division comes
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into force, or that is referred to in subsection (1), is to be dealt with by the Appeal Division in accordance with subsections 58(1) and 59(1) of the former Act. Section 58.3 of the new Act does not apply in respect of the appeal. Federal Court (3) Despite paragraph 28(1)(g.1) of the Federal
Courts Act, the Federal Court has jurisdiction to hear and determine applications for judicial review of a decision of the Appeal Division that relates to an appeal brought under subsection 53(3) of the former Act or that is referred to in subsection (1). Judicial review (4) If, following a judicial review referred to in subsection (3), the Federal Court refers the matter back to the Appeal Division, the matter is to be dealt with by the Appeal Division in accordance with subsections 58(1) and 59(1) of the former Act. Section 58.3 of the new Act does not apply in respect of the matter.
Applications under section 66 of former Act 241 (1) An application under section 66 of the
former Act that is ongoing before the General Division or Appeal Division on the day on which this Division comes into force is to be dealt with in accordance with that section 66. Referral back to General Division (2) If, following an appeal of a decision made by
the General Division under section 66 of the former Act, the Appeal Division refers the matter back to the General Division, the matter is to be dealt with in accordance with that section 66. Applications for leave to appeal — decision under section 66 of former Act (3) An application for leave to appeal a decision
made by the General Division under section 66 of the former Act is to be dealt with by the Appeal Division in accordance with subsections 58(1) and (2) of the former Act. Appeals — decisions under section 66 of former Act (4) If leave to appeal is granted, the appeal is to
be dealt with in accordance with subsections 58(1) and 59(1) of the former Act and, in the case where the Appeal Division decides under that subsection 59(1) to give the decision that the
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General Division should have given, the appeal is also to be dealt with in accordance with section 66 of the former Act. Section 58.3 of the new Act does not apply in respect of the appeal. Judicial review — leave to appeal (5) If, following a judicial review of a decision of
the Appeal Division referred to in subsection (3), the Federal Court refers the matter back to the Appeal Division, the matter is to be dealt with by the Appeal Division in accordance with subsections 58(1) and (2) of the former Act. Judicial review — appeals (6) If, following a judicial review of a decision of
the Appeal Division referred to in subsection (4), the Federal Court of Appeal refers the matter back to the Appeal Division, the matter is to be dealt with by the Appeal Division in accordance with subsections 58(1) and 59(1) of the former Act and, in the case where the Appeal Division decides under that subsection 59(1) to give the decision that the General Division should have given, the matter is also to be dealt with in accordance with section 66 of the former Act. Section 58.3 of the new Act does not apply in respect of the matter. Applications for leave to appeal — Income Security Section 242 (1) An application for leave to appeal a decision of the Income Security Section that is ongoing on the day on which this Division comes into force is to be dealt with by the Appeal Division in accordance with subsections 58(1) and (2) of the former Act. Ongoing appeals (2) An appeal of a decision of the Income Security Section that is ongoing on the day on which this Division comes into force, or an appeal that results from an application for leave to appeal referred to in subsection (1) that is granted, is to be dealt with in accordance with subsections 58(1) and 59(1) of the former Act. Section 58.3 of the new Act does not apply in respect of the appeal.
Federal Court — before coming into force (3) In the case of a judicial review of a decision of
the Appeal Division under subsection 58(3) of the former Act that relates to a decision of the Income Security Section, if, before the day on which this Division comes into force, the Federal
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Court refers the matter back to the Appeal Division, the matter is to be dealt with by the Appeal Division in accordance with subsections 58(1) and (2) of the former Act. Federal Court — after coming into force (4) In the case of a judicial review of a decision of
the Appeal Division under subsection 58(3) of the former Act that relates to a decision of the Income Security Section other than a judicial review referred to in subsection 241(5), if, on or after the day on which this Division comes into force, the Federal Court refers the matter back to the Appeal Division, the matter is to be dealt with by the Appeal Division in accordance with the provisions of the new Act. Federal Court of Appeal — before coming into force (5) In the case of a judicial review of a decision of the Appeal Division under subsection 59(1) of the former Act that relates to a decision of the Income Security Section, if, before the day on which this Division comes into force, the Federal Court of Appeal refers the matter back to the Appeal Division, the matter is to be dealt with by the Appeal Division in accordance with subsections 58(1) and 59(1) of the former Act. Section 58.3 of the new Act does not apply in respect of the matter.
Federal Court Appeal — after coming into force (6) In the case of a judicial review of a decision of the Appeal Division under subsection 59(1) of the former Act that relates to a decision of the Income Security Section other than a judicial review referred to in subsection 241(6), if, on or after the day on which this Division comes into force, the Federal Court of Appeal refers the matter back to the Appeal Division, the matter is to be dealt with by the Appeal Division in accordance with the provisions of the new Act.
Interpretation of consequential amendment to Federal Courts Act 243 For greater certainty, the Federal Court has
jurisdiction to hear and determine applications for judicial review of a decision of the Appeal Division made under section 58 of the former Act before the day on which this Division comes into force.
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Coming into Force Order in council 244 This Division comes into force on a day to be
fixed by order of the Governor in Council.
DIVISION 21 R.S., c. L-2
Canada Labour Code (Equal Remuneration Protection) 245 (1) Paragraphs 47.3(1)(a) and (b) of the Canada Labour Code are replaced by the following: (a) provided services at an airport to another employer, or to a person acting on behalf of that other employer, in an industry referred to in paragraph (e) of the definition federal work, undertaking or business in section 2; (b) provided prescribed services to another employer,
or to a person acting on behalf of that other employer, in a prescribed industry; or (c) provided prescribed services at a prescribed location to another employer, or to a person acting on behalf of that other employer, in a prescribed industry. (2) Section 47.3 of the Act is amended by adding the following after subsection (2):
Regulations (3) The Governor in Council may, on the Minister’s recommendation, make regulations prescribing anything that is to be prescribed under subsection (1).
DIVISION 22 R.S., c. L-2
Canada Labour Code (Federal Minimum Wage) Amendments to the Act 246 (1) Subsections 178(1) to (3) of the Canada Labour Code are replaced by the following:
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Minimum wage 178 (1) Subject to subsections (2) to (5), an employer
shall pay to each employee a wage at a minimum hourly rate that is not less than the rate that is determined in accordance with section 178.1. Province of employment (2) If the minimum hourly rate that is fixed, from time to
time, by or under an Act of the legislature of the province where the employee is usually employed and that is generally applicable regardless of occupation, status or work experience is higher than the minimum hourly rate fixed under subsection (1), an employer shall pay to each employee a wage at a rate that is (a) if the wages of the employee are paid on an hourly basis, not less than that higher minimum hourly rate; or (b) if the wages of the employee are paid on any basis
of time other than hourly, not less than the equivalent of the rate under paragraph (a) for the time worked by the employee. Wage rate based on age (3) For the purposes of paragraph (2)(a), if minimum
hourly rates for a province are fixed on the basis of age, the minimum hourly rate for that province is the highest of those rates. (2) Paragraph 178(4)(b) of the Act is replaced by the following: (b) fix a minimum rate of wage that in the opinion of the Minister is the equivalent of (i) the minimum rate determined in accordance with subsection (2), if that minimum rate is higher than or equal to the minimum rate determined in accordance with section 178.1, or (ii) the minimum rate determined in accordance
with section 178.1, if that minimum rate is higher than the minimum rate determined in accordance with subsection (2). 247 The Act is amended by adding the following after section 178:
Minimum wage — rate 178.1 (1) Subject to subsection (2), the minimum hourly rate referred to in subsection 178(1) is $15.
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Chapter 23: Budget Implementation Act, 2021, No. 1 PART 4 Various Measures DIVISION 22 Canada Labour Code (Federal Minimum Wage) Amendments to the Act Sections 247-248
Annual adjustment (2) On April 1 of each year after the year in which this
section comes into force, the minimum hourly rate is to be adjusted to the rate, rounded up to the nearest $0.05, that is equal to the product of (a) as the case may be, (i) in respect of April 1 of the year after the year in which this section comes into force, $15, or (ii) in respect of April 1 of each subsequent year, the rate that is determined in accordance with this section on April 1 of the preceding year, and (b) the ratio that the Consumer Price Index for the preceding calendar year bears to the Consumer Price Index for the calendar year before that preceding calendar year.
Consumer Price Index (3) For the purposes of subsection (2), a reference to the Consumer Price Index for any calendar year means the average of the all-items Consumer Price Index for Canada, not seasonally adjusted, as published by Statistics Canada under the authority of the Statistics Act, for each month in that year.
No adjustment (4) Despite subsection (2), the minimum hourly rate is not to be adjusted on April 1 of a given year if on that day the rate determined in accordance with that subsection is less than, as the case may be, (a) in respect of April 1 of the year after the year in
which this section comes into force, $15; or (b) in respect of April 1 of each subsequent year, the rate that is determined in accordance with this section on April 1 of the preceding year.
Coming into Force Six months after royal assent 248 This Division comes into force on the day that, in the sixth month after the month in which this Act receives royal assent, has the same calendar number as the day on which it receives royal assent or, if that sixth month has no day with that number, the last day of that sixth month.
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Chapter 23: Budget Implementation Act, 2021, No. 1 PART 4 Various Measures DIVISION 23 Canada Labour Code (Leave Related to the Death or Disappearance of a Child) Section 249
DIVISION 23 R.S., c. L-2
Canada Labour Code (Leave Related to the Death or Disappearance of a Child) 249 (1) The definitions child and parent in subsection 206.5(1) of the Canada Labour Code are replaced by the following: child means a person who is under 25 years of age. (enfant) parent, with respect to a child, means (a) a person who, in law, is a parent of the child; (b) a person, other than a person referred to in paragraph (a), who, in law (i) has custody of the child or, in Quebec, parental
authority over the child, (ii) is the guardian of the child or, in Quebec, the tutor or curator to the person of the child, or (iii) has decision-making responsibility, as defined in subsection 2(1) of the Divorce Act, in respect of the child; (c) a person with whom the child is placed for the purposes of adoption under the laws governing adoption in the province in which the person resides; or (d) a person prescribed to be a parent by regulations made under paragraph 209.4(f). (parent) (2) Subsections 206.5(3) and (4) of the Act are replaced by the following: Leave — child who has disappeared (3) Every employee is entitled to and shall be granted a
leave of absence from employment of up to 104 weeks if the employee is the parent of a child who has disappeared and it is probable, considering the circumstances, that the child disappeared as a result of a crime. Exception (4) An employee is not entitled to a leave of absence if (a) the employee is charged with the crime; or (b) in the case of an employee referred to in subsection (2), the child was 14 years of age or older at the
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Chapter 23: Budget Implementation Act, 2021, No. 1 PART 4 Various Measures DIVISION 23 Canada Labour Code (Leave Related to the Death or Disappearance of a Child) Sections 249-251
time of the crime and it is probable, considering the circumstances, that the child was a party to the crime. (3) Paragraph 206.5(5)(b) of the Act is replaced by the following: (b) ends 104 weeks after the day on which the death or disappearance, as the case may be, occurs. (4) Paragraph 206.5(6)(a) of the Act is replaced by
the following: (a) on the 14th day after the day on which the child is
found, if the child is found during the 104-week period, but no later than the end of the 104-week period; or (5) Subsection 206.5(8) of the Act is replaced by
the following: Aggregate leave — employees (8) The aggregate amount of leave that may be taken by employees under this section in respect of the same death or disappearance of a child — or the same children who die or disappear as a result of the same event — must not exceed 104 weeks. 250 Subsection 206.7(1) of the Act is replaced by
the following: Definitions 206.7 (1) The following definitions apply in subsection
(2). child means a person who is under 18 years of age. (enfant) parenthas the same meaning as in subsection 206.5(1) but does not include a curator to the person. (parent)
DIVISION 24
Payment to Quebec Payment of $130.3 million 251 (1) For the purpose of offsetting some of the costs of aligning the Quebec Parental Insurance Plan with temporary measures set out in Part VIII.5 of the Employment Insurance Act, the Minister of Employment and Social Development may, before the end of the fiscal year ending on March 31, 2022, make a one-time payment
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Chapter 23: Budget Implementation Act, 2021, No. 1 PART 4 Various Measures DIVISION 24 Payment to Quebec Sections 251-252
of $130,300,000 out of the Consolidated Revenue Fund to Quebec. Agreement (2) The Minister of Employment and Social Development may, on behalf of Her Majesty in right of Canada, enter into an agreement with Quebec in relation to the time and manner of the payment.
DIVISION 25 R.S., c. J-1
Judges Act Amendment to the Act 252 The Judges Act is amended by adding the following after section 65:
Annuity Calculations Application of section 42 65.1 (1) If the Council recommends that a judge be removed from office in a report submitted to the Minister under section 65, for the purposes of calculating the judge’s annuity under section 42, (a) the period beginning on the day on which the Council submits the report and ending on the day on which the judge ceases to hold judicial office is not considered to be part of the judge’s time in judicial office; and (b) the salary used to calculate the annuity is the salary annexed to their office on the day on which the report is submitted.
Suspension of contributions (2) The judge shall cease to make the contributions required under section 50 as of the day on which the report is submitted.
Reimbursement and resumption (3) If a recommendation for removal is rejected by the
Minister, the Senate or the House of Commons or if, on judicial review, the recommendation is rejected by a court whose decision is final, subsection (1) does not apply for the purposes of calculating the annuity of the judge who was the subject of the recommendation and that judge shall
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Chapter 23: Budget Implementation Act, 2021, No. 1 PART 4 Various Measures DIVISION 25 Judges Act Amendment to the Act Sections 252-257
(a) contribute, as if subsection (2) had never applied, the amounts that would have been required under section 50 as of the day on which the Council submitted the report to the Minister; and (b) resume contributing the amounts required under
section 50 as of the day on which the recommendation was rejected.
Transitional Provision Section 65.1 of Judges Act 253 Section 65.1 of the Judges Act does not apply
to a judge whose removal from judicial office has been recommended by the Canadian Judicial Council before the day on which section 252 comes into force.
DIVISION 26
New Judicial Resources R.S., c. F-7; 2002, c. 8, s. 14
Federal Courts Act 254 Subsection 5(1) of the Federal Courts Act is
replaced by the following: Constitution of Federal Court of Appeal 5 (1) The Federal Court of Appeal consists of a chief justice called the Chief Justice of the Federal Court of Appeal, who is the president of the Federal Court of Appeal, and 13 other judges. R.S., c. J-1
Judges Act 255 Paragraph 12(d) of the Judges Act is replaced by the following: (d) the 203 other judges of the Superior Court of Justice, $314,100 each. 256 Paragraph 17(d) of the Act is replaced by the following: (d) the 83 other Court, $314,100 each.
judges
of
the
Supreme
257 Paragraph 19(d) of the Act is replaced by the
following: (d) the 31 other judges of the Court of Queen’s
Bench, $314,100 each.
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Chapter 23: Budget Implementation Act, 2021, No. 1 PART 4 Various Measures DIVISION 26 New Judicial Resources Judges Act Sections 258-260
258 Paragraph 21(c) of the Act is replaced by the
following: (c) the Chief Justice and the Associate Chief Justice of
the Trial Division, $344,400 each; and R.S., c. T-2
Tax Court of Canada Act 259 (1) The portion of subsection 4(1) of the
French version of the Tax Court of Canada Act before paragraph (a) is replaced by the following: Composition 4 (1) La Cour se compose d’un juge en chef, d’un juge en chef adjoint et d’au plus vingt-deux autres juges respectivement désignés : (2) Paragraph 4(1)(c) of the English version of the Act is replaced by the following: (c) not more than 22 other judges.
DIVISION 27 R.S., c. N-15
National Research Council Act 260 Section 3 of the National Research Council Act is amended by adding the following after subsection (2):
Incorporation and acquisition of shares (3) The Council, as well as a corporation described in subsection (4), may do anything in respect of which paragraph 90(1)(a) or (b) of the Financial Administration Act applies only with the approval of the Governor in Council and in accordance with any conditions that the Governor in Council may impose.
Corporation (4) Subsection (3) applies with respect to a corporation if
any of its shares, within the meaning of Part X of the Financial Administration Act, are held by the Council and either (a) a majority of the corporation’s directors or members are nominated or appointed by or on behalf of Her Majesty in right of Canada or by directors or
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Chapter 23: Budget Implementation Act, 2021, No. 1 PART 4 Various Measures DIVISION 27 National Research Council Act Sections 260-262
members who were nominated or appointed by or on behalf of Her Majesty; or (b) Her Majesty otherwise controls the corporation.
261 The Act is amended by adding the following after section 5:
Drugs and devices — public health 5.1 (1) The Council may engage in, and may direct or
supervise, the production on any scale of drugs and devices, as those terms are defined in section 2 of the Food and Drugs Act, for the purpose of protecting or improving public health in Canada or elsewhere. Approval or direction of Minister (2) However, the Council may do anything referred to in
subsection (1) that is not otherwise authorized under paragraph 5(1)(k) only with the approval, or under the direction, of the Minister given after the Minister has consulted with the Minister of Health.
DIVISION 28 2005, c. 34; 2013, c. 40, s. 205
Department of Employment and Social Development Act 262 The Department of Employment and Social Development Act is amended by adding the following after section 19.01:
Social Insurance Numbers — Minister of Labour 19.02 The Minister of Labour may collect and use a person’s Social Insurance Number to verify their identity for the purposes of the administration or enforcement of any Act, program or activity in respect of which the administration or enforcement is the responsibility of that Minister.
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Chapter 23: Budget Implementation Act, 2021, No. 1 PART 4 Various Measures DIVISION 29 Student Loans and Apprentice Loans Sections 263-265
DIVISION 29
Student Loans and Apprentice Loans R.S., c. S-23
Canada Student Loans Act 263 The Canada Student Loans Act is amended
by adding the following after section 11.2:
Period — April 1, 2021 to March 31, 2023 Suspension of interest 11.3 During the period that begins on April 1, 2021 and ends on March 31, 2023, no interest is payable by a borrower on a guaranteed student loan. 1994, c. 28
Canada Student Financial Assistance Act 264 The Canada Student Financial Assistance Act is amended by adding the following after section 9.3:
Period — April 1, 2021 to March 31, 2023 Suspension of interest 9.4 During the period that begins on April 1, 2021 and
ends on March 31, 2023, no interest is payable by a borrower on a student loan. 2014, c. 20, s. 483
Apprentice Loans Act 265 The Apprentice Loans Act is amended by adding the following after section 8.1:
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Chapter 23: Budget Implementation Act, 2021, No. 1 PART 4 Various Measures DIVISION 29 Student Loans and Apprentice Loans Apprentice Loans Act Sections 265-266
Period — April 1, 2021 to March 31, 2023 Suspension of interest 8.2 During the period that begins on April 1, 2021 and
ends on March 31, 2023, no interest is payable by a borrower on an apprentice loan.
Coordinating Amendments Bill C-14 266 (1) Subsections (2) to (10) apply if Bill C-14,
introduced in the 2nd session of the 43rd Parliament and entitled the Economic Statement Implementation Act, 2020 (in this section referred to as the “other Act”), receives royal assent. (2) If section 6 of the other Act comes into force
before section 263 of this Act, then (a) that section 263 is deemed never to have
come into force and is repealed; and (b) section 11.3 of the Canada Student Loans Act and the heading before it are replaced by the following:
Period — April 1, 2021 to March 31, 2023 Suspension of interest 11.3 During the period that begins on April 1, 2021 and
ends on March 31, 2023, no interest is payable by a borrower on a guaranteed student loan. (3) If section 263 of this Act comes into force before section 6 of the other Act, then that section 6 is deemed never to have come into force and is repealed. (4) If section 263 of this Act comes into force on the same day as section 6 of the other Act, then that section 263 is deemed to have come into force before that section 6 and subsection (3) applies as a consequence. (5) If section 7 of the other Act comes into force before section 264 of this Act, then (a) that section 264 is deemed never to have come into force and is repealed; and
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Chapter 23: Budget Implementation Act, 2021, No. 1 PART 4 Various Measures DIVISION 29 Student Loans and Apprentice Loans Coordinating Amendments Section 266
(b) section 9.4 of the Canada Student Financial
Assistance Act and the heading before it are replaced by the following:
Period — April 1, 2021 to March 31, 2023 Suspension of interest 9.4 During the period that begins on April 1, 2021 and
ends on March 31, 2023, no interest is payable by a borrower on a student loan. (6) If section 264 of this Act comes into force before section 7 of the other Act, then that section 7 is deemed never to have come into force and is repealed. (7) If section 264 of this Act comes into force on the same day as section 7 of the other Act, then that section 264 is deemed to have come into force before that section 7 and subsection (6) applies as a consequence. (8) If section 8 of the other Act comes into force before section 265 of this Act, then (a) that section 265 is deemed never to have come into force and is repealed; and (b) section 8.2 of the Apprentice Loans Act and the heading before it are replaced by the following:
Period — April 1, 2021 to March 31, 2023 Suspension of interest 8.2 During the period that begins on April 1, 2021 and
ends on March 31, 2023, no interest is payable by a borrower on an apprentice loan. (9) If section 265 of this Act comes into force before section 8 of the other Act, then that section 8 is deemed never to have come into force and is repealed. (10) If section 265 of this Act comes into force on the same day as section 8 of the other Act, then that section 265 is deemed to have come into force before that section 8 and subsection (9) applies as a consequence.
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Chapter 23: Budget Implementation Act, 2021, No. 1 PART 4 Various Measures DIVISION 30 First Nations Elections Sections 267-270
DIVISION 30
First Nations Elections Regulations deemed valid 267 The First Nations Election Cancellation and Postponement Regulations (Prevention of Diseases), made on April 7, 2020 and registered as SOR/2020-84, and the Regulations Amending the First Nations Election Cancellation and Postponement Regulations (Prevention of Diseases), made on April 8, 2021 and registered as SOR/2021-78, are deemed to have been validly made and everything done under, and all consequences flowing from, those Regulations since April 8, 2020 are deemed effective as if those Regulations were so made.
DIVISION 31
Increase to Old Age Security Pension and Payment R.S., c. O-9
Old Age Security Act 268 Paragraph (c) of the definition income in section 2 of the Old Age Security Act is amended by adding the following after subparagraph (i): (i.1) the amount of the payment under the program
referred to in section 276 of the Budget Implementation Act, 2021, No. 1, 269 Subsection 2.1(1) of the Act is replaced by the
following: Amount of full monthly pension 2.1 (1) In this Act, a reference to the amount of a full
monthly pension means the amount of a full monthly pension, as it is calculated in accordance with section 7, that has not been increased under subsection 7.1(1) or (2). 270 Subsection 3(3) of the Act is replaced by the following:
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Chapter 23: Budget Implementation Act, 2021, No. 1 PART 4 Various Measures DIVISION 31 Increase to Old Age Security Pension and Payment Old Age Security Act Sections 270-272
Amount of partial pension (3) Subject to subsection 7.1(3), the amount of a partial
monthly pension, for any month, shall bear the same relation to the amount of the full monthly pension for that month as the aggregate period that the applicant has resided in Canada after attaining 18 years of age and before the day on which the application is approved, determined in accordance with subsection (4), bears to 40 years. 271 Section 7 of the Act is amended by adding the following after subsection (4):
Full monthly pension — persons aged 75 years or older (5) Beginning in the payment quarter commencing on July 1, 2022, for the period that begins in the month after the month in which a person attains 75 years of age, the amount of the full monthly pension, as it is calculated in accordance with subsections (1) to (4), is increased by 10%. 272 (1) Subsections 7.1(1) and (2) of the Act are
replaced by the following: Voluntary deferral — full monthly pension 7.1 (1) If a person applies for their pension after they
become qualified to receive a full monthly pension, the amount of that pension, as it is calculated in accordance with subsections 7(1) to (4), is increased by 0.6% for each month in the period that begins in the month after the month in which the person becomes qualified for that pension and that ends in the month in which the person’s application is approved. Voluntary deferral — partial monthly pension (2) If a person applies for their pension after they become qualified to receive a partial monthly pension, the amount of that pension, as it is calculated in accordance with subsection 3(3) without regard to subsection 7(5), at the time that they become qualified for that pension, is increased by 0.6% for each month in the period that begins in the month after that time and that ends in the month in which the person’s application is approved. (2) Section 7.1 of the Act is amended by adding
the following after subsection (4): Full monthly pension — persons aged 75 years or older (5) Beginning in the payment quarter commencing on July 1, 2022, for the period that begins in the month after the month in which a person attains 75 years of age, the
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Chapter 23: Budget Implementation Act, 2021, No. 1 PART 4 Various Measures DIVISION 31 Increase to Old Age Security Pension and Payment Old Age Security Act Sections 272-275
amount of the full monthly pension, as it is increased under subsection (1), is increased by 10%. Partial monthly pension — persons aged 75 years or older (6) Beginning in the payment quarter commencing on July 1, 2022, for the period that begins in the month after the month in which a person attains 75 years of age, the amount of the partial monthly pension, as it is increased under subsection (2), is increased by 10%. 273 The description of B in paragraph 12(6)(b) of
the Act is replaced by the following: B
is the product (i) obtained by multiplying the amount of the
full monthly pension, calculated without regard to subsection 7(5), that might have been paid to a pensioner for any month by the applicant’s special qualifying factor for the month, and (ii) rounded, if that product is not a multiple of
four dollars, to the next higher multiple of four dollars; and 274 The definition pension equivalent in subsection 22(1) of the Act is replaced by the following: pension equivalent means, in respect of any month in a payment quarter, the amount of the full monthly pension payable for that month under section 7 that has not been increased under subsection 7(5); (valeur de la pension)
Payment Payment out of C.R.F. 275 Any amount payable by the Minister of Employment and Social Development to pensioners, as defined in section 2 of the Old Age Security Act, who are or will be 75 years of age or older on June 30, 2022, in relation to a program to provide a one-time payment of $500 to those pensioners, may be paid out of the Consolidated Revenue Fund.
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Chapter 23: Budget Implementation Act, 2021, No. 1 PART 4 Various Measures DIVISION 32 Public Service Employment Act Sections 276-279
DIVISION 32 2003, c. 22, ss. 12 and 13
Public Service Employment Act Amendments to the Act 276 The eighth paragraph of the preamble to the Public Service Employment Act is replaced by the following:
the Government of Canada is committed to an inclusive public service that reflects the diversity of Canada’s population, that embodies linguistic duality and that is characterized by fair, transparent employment practices, respect for employees, effective dialogue, and recourse aimed at resolving appointment issues;
277 (1) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:
equity-seeking group means a group of persons who are disadvantaged on the basis of one or more prohibited grounds of discrimination within the meaning of the Canadian Human Rights Act. (groupe en quête d’équité) (2) Section 2 of the Act is amended by adding the following after subsection (4):
References to error, omission or improper conduct (5) A reference in this Act to an error, an omission or improper conduct shall be construed as including an error, an omission or improper conduct that results from a bias or barrier that disadvantages persons who belong to any equity-seeking group. 278 Section 17 of the Act is renumbered as subsection 17(1) and is amended by adding the following: Biases and barriers (2) The power to conduct audits includes the power to determine whether there are biases or barriers that disadvantage persons belonging to any equity-seeking group. 279 Section 31 of the Act is amended by adding
the following after subsection (2):
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Chapter 23: Budget Implementation Act, 2021, No. 1 PART 4 Various Measures DIVISION 32 Public Service Employment Act Amendments to the Act Sections 279-282
Identification of biases and barriers (3) When establishing or reviewing qualification standards, the employer shall conduct an evaluation to identify whether they include or create biases or barriers that disadvantage persons belonging to any equity-seeking group. If a bias or barrier is identified in the course of the evaluation, the employer shall make reasonable efforts to remove it or to mitigate its impact on those persons.
280 Section 36 of the Act is replaced by the following:
Assessment methods 36 (1) In making an appointment, the Commission may, subject to subsection (2), use any assessment method, such as a review of past performance and accomplishments, interviews and examinations, that it considers appropriate to determine whether a person meets the qualifications referred to in paragraph 30(2)(a) and subparagraph 30(2)(b)(i).
Identification of biases and barriers (2) Before using an assessment method, the Commission shall conduct an evaluation to identify whether the assessment method and the manner in which it will be applied includes or creates biases or barriers that disadvantage persons belonging to any equity-seeking group and, if one is identified, make reasonable efforts to remove it or to mitigate its impact on those persons. 281 Paragraph 39(1)(c) of the Act is replaced by the following: (c) a Canadian citizen, within the meaning of the Citizenship Act, and a permanent resident, within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act, in any case where a person who is not a Canadian citizen or permanent resident is also a candidate.
Transitional Provisions Investigations 282 Subsection 2(5) of the Public Service Employment Act, as enacted by subsection 277(2), applies only in respect of appointment processes that commence on or after the day on which that subsection 277(2) comes into force and investigations into those processes.
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Chapter 23: Budget Implementation Act, 2021, No. 1 PART 4 Various Measures DIVISION 32 Public Service Employment Act Transitional Provisions Sections 283-287
Qualifications standards 283 Subsection 31(3) of the Public Service Employment Act, as enacted by section 279, applies only in respect of reviews that commence on or after the day on which that section 279 comes into force. Assessment methods 284 Subsection 36(2) of the Public Service Employment Act, as enacted by section 280, applies only in respect of appointment processes that commence on or after the day on which that section 280 comes into force. Preference 285 Paragraph 39(1)(c) of the Public Service Employment Act, as enacted by section 281, applies only in respect of advertised external appointment processes that commence on or after the day on which that section 281 comes into force.
Coming into Force Order in council 286 Subsection 277(2) and section 280 come into
force on a day or days to be fixed by order of the Governor in Council.
DIVISION 33
Early Learning and Child Care Payments out of C.R.F. 287 (1) Any amount payable to a province under or in connection with a bilateral agreement in respect of early learning and child care for the fiscal year beginning on April 1, 2021 may be paid out of the Consolidated Revenue Fund, until March 31, 2022, on the requisition of the Minister of Families, Children and Social Development, at the times and in the manner that that Minister considers appropriate.
Terms and conditions (2) That Minister may establish terms and conditions in respect of payments under the bilateral agreements with the provinces.
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Chapter 23: Budget Implementation Act, 2021, No. 1 PART 4 Various Measures DIVISION 33 Early Learning and Child Care Sections 287-288
Maximum amount (3) For the fiscal year beginning on April 1, 2021,
the maximum aggregate amount payable to the provinces under subsection (1) is $2,948,082,433.
DIVISION 34
Benefits and Leave 2020, c. 12, s. 2
Canada Recovery Benefits Act 288 (1) Paragraph 3(1)(e) of the Canada Recovery Benefits Act is replaced by the following: (e) in the case of an application made under section 4
by a person other than a person referred to in paragraph (e.1) in respect of a two-week period beginning in 2021, they had, for 2019 or for 2020 or in the 12month period preceding the day on which they make the application, a total income of at least $5,000 from the sources referred to in subparagraphs (d)(i) to (v); (e.1) in the case of an application made under section
4 by a person referred to in paragraph (g) whose benefit period was established on or after September 27, 2020 in respect of a two-week period beginning in 2021, they had, for 2019 or for 2020 or in the 12-month period preceding the day on which they make the application, a total income of at least $5,000 from the sources referred to in subparagraphs (d)(i), (ii), (iv) and (v) and from regular benefits and special benefits, as defined in subsection 2(1) of the Employment Insurance Act;
(2) Paragraph 3(1)(g) of the Act is replaced by the following: (g) no benefit period, as defined in subsection 2(1) of
the Employment Insurance Act, was established or could have been established in respect of the person in respect of any week that falls within the two-week period or, if such a benefit period was established on or after September 27, 2020 in respect of the person in respect of any week that falls within the two-week period, (i) the person was paid regular benefits, as defined in that subsection, for the maximum number of
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Chapter 23: Budget Implementation Act, 2021, No. 1 PART 4 Various Measures DIVISION 34 Benefits and Leave Canada Recovery Benefits Act Sections 288-290
weeks for which those benefits may be paid in that benefit period under Part I of that Act, or (ii) the person was paid regular benefits and special benefits, as defined in that subsection, for the maximum number of weeks for which both those benefits may be paid in that benefit period under Part I of that Act;
(3) Paragraph 3(1)(h) of the Act is amended by striking out “and” at the end of subparagraph (ii) and by adding the following after that subparagraph: (ii.1) benefits, as defined in subsection 2(1) of the Employment Insurance Act, and (4) Subsection 3(1) of the Act is amended by striking out “and” at the end of paragraph (l), by adding “and” at the end of paragraph (m) and by adding the following after paragraph (m): (n) they have filed a return of income under Part I of the Income Tax Act in respect of the 2019 or 2020 taxation year, other than a return of income filed under subsection 70(2) or 104(23), paragraph 128(2)(e) or subsection 150(4) of that Act. (5) Section 3 of the Act is amended by adding the
following after subsection (3): Application of paragraph (1)(n) (3.1) Paragraph (1)(n) applies only in respect of (a) a person who has already been paid a Canada recovery benefit for 42 weeks or more; and (b) a person who has never applied under section 4 for
any two-week period beginning before July 18, 2021.
289 Subsection 5(1) of the Act is replaced by the following:
Attestation 5 (1) Subject to subsections (2) to (5), a person must, in their application, attest that they meet each of the eligibility conditions referred to in paragraphs 3(1)(a) to (n). 290 Subsections 8(1) and (2) of the Act are replaced by the following:
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Chapter 23: Budget Implementation Act, 2021, No. 1 PART 4 Various Measures DIVISION 34 Benefits and Leave Canada Recovery Benefits Act Sections 290-291
Amount of payment 8 (1) Subject to subsection (2), the amount of a Canada recovery benefit for a week is (a) in respect of a person who applies or has applied under section 4 for any two-week period beginning before July 18, 2021, $500 for a maximum of 42 weeks and $300 for every subsequent week; and (b) in respect of a person who has never applied under
section 4 for any two-week period beginning before July 18, 2021, $300 for a week beginning on or after that date.
Exception (1.1) Despite subsection (1), if a person referred to in
paragraph (1)(b) subsequently applies under section 4 for any two-week period beginning before July 18, 2021, the person is deemed to be a person referred to in paragraph (1)(a) except for every two-week period for which the person was paid $300 for each week.
Repayment (2) If a person who has received a Canada recovery benefit or the benefit referred to in section 9.1 has income of more than $38,000 for 2020 or for 2021, the person must repay an amount equal to 50 cents for every dollar of income earned in that year above $38,000 of income, up to the total amount of those benefits received by them in the year, which total amount is calculated without taking into account any erroneous payment or overpayment, and that amount constitutes a debt due to Her Majesty and the debt is payable and may be recovered by the Minister as of the balance-due day, as defined in subsection 248(1) of the Income Tax Act, for the year.
291 Subsection 9(1) of the Act is replaced by the following:
Maximum number of two-week periods 9 (1) The maximum number of two-week periods in respect of which a Canada recovery benefit is payable to a person is 25 or, if another number of two-week periods is fixed by regulation, that number of two-week periods, minus one for every two weeks for which regular benefits, as defined in subsection 2(1) of the Employment Insurance Act, were received by the person during the
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period beginning on September 27, 2020 and ending on September 25, 2021 in respect of benefit periods, as defined in subsection 2(1) of that Act, that were established on or after September 27, 2020.
292 The Act is amended by adding the following after section 9:
Employment insurance benefits during two-week period 9.1 Despite sections 3, 7 and 8, if a person who makes an application under section 4 is not eligible for a Canada recovery benefit for any two-week period by reason only that the person was paid regular benefits, as defined in subsection 2(1) of the Employment Insurance Act, for the maximum number of weeks for which those benefits may be paid in the person’s benefit period under Part I of that Act, or the person was paid regular benefits and special benefits, as defined in subsection 2(1) of that Act, for the maximum number of weeks for which both those benefits may be paid in the person’s benefit period under Part I of that Act, and the last week for which they were paid those benefits under that Act is the first week of the two-week period, the Minister may pay a benefit of $300 to the person for the two-week period.
293 Subsections 23(1) and (2) of the Act are replaced by the following: Maximum number of weeks for a person 23 (1) Subject to subsection (2), the maximum number of weeks in respect of which a Canada recovery caregiving benefit is payable to a person is 42 or, if another maximum number of weeks is fixed by regulation, that maximum number.
Maximum number of weeks for household members (2) The maximum number of weeks in respect of which a
Canada recovery caregiving benefit is payable to all of the persons residing in the same household is 42 or, if another maximum number of weeks is fixed by regulation for the purpose of subsection (1), that maximum number. 294 The Act is amended by adding the following after section 24:
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Replacement of September 25, 2021 24.1 The Governor in Council may, by regulation, on the
recommendation of the Minister and the Minister of Finance, amend any of the following provisions to replace the date of September 25, 2021 by a date not later than November 20, 2021 and, if any of the following provisions was amended by such a regulation, to amend the provision again by replacing the date set out in it as a result of the previous regulation by a date not later than November 20, 2021: (a) subsection 3(1); (b) subsection 4(1); (c) subsection 9(1); (d) subsection 10(1); (e) subsection 11(1); (f) subsection 17(1); (g) subsection 18(1).
R.S., c. L-2
Canada Labour Code 295 (1) The portion of paragraph 239.01(1)(b) of the Canada Labour Code before subparagraph (i) is replaced by the following: (b) subject to subsection (3), up to 42 weeks — or, if
another number of weeks is fixed by regulation, that number of weeks — if the employee is unable to work because (2) Subsection 239.01(3) of the Act is replaced by
the following: Aggregate leave — paragraph (1)(b) (3) Subject to subsection (5), the aggregate amount of
leave that an employee may take under paragraph (1)(b) is not to exceed 42 weeks or, if another number of weeks is fixed by regulation for the purposes of that paragraph, that number of weeks. (3) Subsection 239.01(5) of the Act is replaced by the following:
Clarification (4.1) For greater certainty,
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(a) an employee who is on leave under paragraph (1)(b) at the time this subsection comes into force is entitled to extend their leave up to the maximum number of weeks provided for in that paragraph; and (b) any period of leave taken by an employee under paragraph (1)(b), as it read immediately before June 19, 2021, counts towards the maximum number of weeks referred to in subsection (3).
Aggregate leave — more than one employee (5) The aggregate amount of leave that may be taken under paragraph (1)(b) by two or more employees who reside in the same household is not to exceed 42 weeks or, if another number of weeks is fixed by regulation for the purposes of that paragraph, that number of weeks.
2020, c. 12
COVID-19 Response Measures Act 296 Subsections 9(6) and (7) of the COVID-19 Response Measures Act are replaced by the following:
November 20, 2021 (6) Subsections 4.1(4), 4.3(6), 4.4(4), 4.5(2) and
4.6(2) come into force on November 20, 2021. November 21, 2021 (7) Subsections 4.1(2), 4.2(2), 4.3(2) and (4) and
4.4(2) come into force on November 21, 2021. SOR/2021-35
Canada Recovery Benefits Regulations 297 Section 2 of the Canada Recovery Benefits
Regulations is repealed. 298 Section 4 of the Regulations is repealed. C.R.C., c. 986; SOR/2019-168, s. 1
Canada Labour Standards Regulations 299 Paragraph 33.1(b) of the Canada Labour
Standards Regulations is repealed.
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Coordinating Amendments 2020, c. 12 300 (1) If a regulation made under section 24.1 of
the Canada Recovery Benefits Act, as enacted by section 294 of this Act, amends, in accordance with that section 24.1, subsection 10(1) of that Act to replace the date set out in that subsection, then, on the day on which the regulation comes into force, (a) subsection 9(6) of the COVID-19 Response Measures Act is amended by replacing the date set out in that subsection 9(6) with the date set out in that subsection 10(1), as amended by that regulation; and (b) subsection 9(7) of the COVID-19 Response Measures Act is amended by replacing the date set out in that subsection 9(7) with the date that is the date of the day after the date set out in that subsection 10(1), as amended by that regulation. (2) If a regulation made under section 24.1 of the
Canada Recovery Benefits Act, as enacted by section 294 of this Act, amends, in accordance with that section 24.1, subsection 17(1) of that Act to replace the date set out in that subsection, then, on the day on which the regulation comes into force, (a) subsection 9(6) of the COVID-19 Response Measures Act is amended by replacing the date set out in that subsection 9(6) with the date set out in that subsection 17(1), as amended by that regulation; and (b) subsection 9(7) of the COVID-19 Response
Measures Act is amended by replacing the date set out in that subsection 9(7) with the date that is the date of the day after the date set out in that subsection 17(1), as amended by that regulation. (3) If a regulation made under section 24.1 of the Canada Recovery Benefits Act, as enacted by section 294 of this Act, amends, in accordance with that section 24.1, subsections 10(1) and 17(1) of that Act to replace the date set out in those subsections with a date that is the same in both subsections, subsection (2) does not apply. (4) If a regulation made under section 24.1 of the Canada Recovery Benefits Act, as enacted by section 294 of this Act, amends, in accordance with that section 24.1, subsections 10(1) and 17(1) of
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that Act to replace the date set out in those subsections with November 20, 2021, subsections (1) to (3) do not apply if the date that is set out in subsection 9(6) of the COVID-19 Response Measures Act is November 20, 2021. (5) If a regulation made under section 24.1 of the
Canada Recovery Benefits Act, as enacted by section 294 of this Act, amends, in accordance with that section 24.1, subsection 10(1) of that Act to replace the date set out in that subsection and a regulation made under that section 24.1 amends, in accordance with that section 24.1, subsection 17(1) of that Act to replace the date set out in that subsection 17(1) and the dates in the amendments are not the same, then, on the first day on which both those regulations are in force, (a) if the later of the dates, as amended by one of the regulations, is the date set out in the amendment to that subsection 17(1), (i) subsection (1) is deemed never to have
applied, and (ii) paragraph 239.01(1)(a) of the Canada
Labour Code ceases to apply on the date set out in that subsection 10(1), as amended; and (b) if the later of the dates, as amended by one of the regulations, is the date set out in that subsection 10(1), (i) subsection (2) is deemed never to have
applied, and (ii) paragraph 239.01(1)(b) of the Canada
Labour Code ceases to apply on the date set out in that subsection 17(1), as amended.
(6) If none of the dates set out in subsections 10(1) and 17(1) of the Canada Recovery Benefits Act are amended by a regulation made under section 24.1 of that Act, as enacted by section 294 of this Act, before October 2, 2021, (a) subsection 9(6) of the COVID-19 Response Measures Act is replaced by the following:
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October 2, 2021 (6) Subsections 4.1(4), 4.3(6), 4.4(4), 4.5(2) and 4.6(2) come into force on October 2, 2021. (b) subsection 9(7) of the COVID-19 Response
Measures Act is replaced by the following:
October 3, 2021 (7) Subsections 4.1(2), 4.2(2), 4.3(2) and (4) and
4.4(2) come into force on October 3, 2021. (c) subsections (1) to (4) are deemed never to have come into force and are repealed.
Coming into Force June 19, 2021 301 This Division, other than section 300, comes
into force, or is deemed to have come into force, on June 19, 2021.
DIVISION 35
Benefits and Leave Related to Employment 1996, c. 23
Employment Insurance Act Amendments to the Act 302 (1) The definitions major attachment claimant
and minor attachment claimant in subsection 6(1) of the Employment Insurance Act are repealed. (2) Subsection 6(1) of the Act is amended by adding the following in alphabetical order:
major attachment claimant means a claimant who qualifies to receive benefits and has 600 or more hours of insurable employment in their qualifying period; (prestataire de la première catégorie) minor attachment claimant means a claimant who qualifies to receive benefits and has fewer than 600 hours of insurable employment in their qualifying period; (prestataire de la deuxième catégorie)
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303 (1) Paragraph 7(2)(b) of the Act is replaced by the following: (b) has had during their qualifying period at least 420 hours of insurable employment. (2) Paragraph 7(2)(b) of the Act is replaced by the following: (b) has had during their qualifying period at least the
number of hours of insurable employment set out in the following table in relation to the regional rate of unemployment that applies to the person. (3) The table to subsection 7(2) of the Act is repealed. (4) Subsection 7(2) of the Act is amended by adding the following after paragraph (b):
TABLE Regional Rate of Unemployment 6% and under more than 6% but not more than 7% more than 7% but not more than 8% more than 8% but not more than 9% more than 9% but not more than 10% more than 10% but not more than 11% more than 11% but not more than 12% more than 12% but not more than 13% more than 13%
Required Number of Hours of Insurable Employment in Qualifying Period 700 665 630 595 560 525 490 455 420
304 (1) Subsection 7.1(1) of the Act is replaced by
the following: Increase in required hours 7.1 (1) The number of hours that an insured person requires under section 7 to qualify for benefits is increased to the number set out in the following table if the insured person accumulates one or more violations in the 260 weeks before making their initial claim for benefits.
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TABLE / TABLEAU
Viola minor / mineure 525
serious / grave 630
(2) Subsection 7.1(1) of the Act is replaced by the
following: Increase in required hours 7.1 (1) The number of hours that an insured person requires under section 7 to qualify for benefits is increased to the number set out in the following table in relation to the applicable regional rate of unemployment if the insured person accumulates one or more violations in the 260 weeks before making their initial claim for benefits.
TABLE / TABLEAU
Regional Rate of Unemployment / Taux régional de chômage
minor / mineure
6% and under/ 6 % et moins
more than 6% but not more than 7%/ plus de 6 % mais au plus 7 %
more than 7% but not more than 8%/ plus de 7 % mais au plus 8 %
more than 8% but not more than 9%/ plus de 8 % mais au plus 9 %
more than 9% but not more than 10%/ plus de 9 % mais au plus 10 %
more than 10% but not more than 11%/ plus de 10 % mais au plus 11 %
more than 11% but not more than 12%/ plus de 11 % mais au plus 12 %
more than 12% but not more than 13%/ plus de 12 % mais au plus 13 %
more than 13%/ plus de 13 %
305 (1) Subsections 8(3) to (6) of the Act are replaced by the following: Further extension of qualifying period (4) A qualifying period is further extended by the aggregate of any weeks during an extension for which the person proves, in any manner that the Commission may direct, that the person was not employed in insurable employment because of a reason specified in subsection (2).
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Period not counted if benefits received (5) For the purposes of subsections (2) and (4), a week during which the person was in receipt of benefits does not count. (2) Subsection 8(7) of the Act is replaced by the
following: Maximum extension of qualifying period (7) No extension under subsection (2) or (4) may result in a qualifying period of more than 104 weeks.
306 (1) Paragraph 10(10)(b) of the Act is repealed. (2) Subsection 10(10) of the Act is amended by adding the following after paragraph (a): (b) in receipt of earnings paid because of the complete
severance of their relationship with their former employer; 307 (1) Subsection 12(2.3) of the Act is replaced
by the following: General maximum — exception for seasonal workers (2.3) Despite subsection (2), the maximum number of
weeks for which benefits may be paid in a benefit period to a claimant because of a reason other than those mentioned in subsection (3) shall be determined in accordance with the table set out in Schedule V by reference to the regional rate of unemployment that applies to the claimant and the number of hours of insurable employment of the claimant in their qualifying period if the following conditions are met: (a) the date on which a benefit period for the claimant
is established falls within the period beginning on September 26, 2021 and ending on October 29, 2022; (b) on the date on which the benefit period is established, the claimant is ordinarily resident in a region described in Schedule VI; (c) in the 260 weeks before the date on which the benefit period referred to in paragraph (a) begins, at least three benefit periods were established during which regular benefits were paid or payable; and (d) at least two of the benefit periods referred to in
paragraph (c) began around the same time of year as the benefit period referred to in paragraph (a) began.
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Establishment of benefit period — presumption (2.4) For the purposes of paragraph (2.3)(c), a claimant’s benefit period established before the beginning of the 260-week period is considered to have been established within the 260-week period if the claimant received a notification of payment or non-payment with respect to any week that falls within that 260-week period.
Beginning of benefit period — presumption (2.5) For the purposes of paragraph (2.3)(d), a benefit period in a previous year is considered to have begun around the same time of year if it began during the period that begins eight weeks before and ends eight weeks after the week that is (a) 52 weeks before the first week of the benefit period referred to in paragraph (2.3)(a); (b) 104 weeks before the first week of the benefit period referred to in paragraph (2.3)(a); (c) 156 weeks before the first week of the benefit period referred to in paragraph (2.3)(a); (d) 208 weeks before the first week of the benefit period referred to in paragraph (2.3)(a); or (e) 260 weeks before the first week of the benefit period referred to in paragraph (2.3)(a).
(2) Paragraph 12(3)(c) of the Act is replaced by the following: (c) because of a prescribed illness, injury or quarantine is 26; (3) Subsection 12(8) of the Act is replaced by the following:
Adoption (8) For the purposes of this section, the placement with a claimant, at the same or substantially the same time, of two or more children for the purpose of adoption is a single placement of a child or children for the purpose of adoption.
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(4) Subsection 12(8) of the Act is replaced by the
following: Adoption (8) For the purposes of this section, the placement with a
major attachment claimant, at the same or substantially the same time, of two or more children for the purpose of adoption is a single placement of a child or children for the purpose of adoption. 308 (1) Subsection 21(1) of the Act is repealed. (2) Section 21 of the Act is amended by adding the following before subsection (2):
Illness, etc. — minor attachment claimants 21 (1) A minor attachment claimant who ceases work because of illness, injury or quarantine is not entitled to receive benefits while unable to work for that reason.
309 (1) Subsection 22(1) of the Act is replaced by
the following: Pregnancy 22 (1) Despite section 18, but subject to this section, benefits are payable to a claimant who proves her pregnancy. (2) Subsection 22(1) of the Act is replaced by the following:
Pregnancy 22 (1) Despite section 18, but subject to this section,
benefits are payable to a major attachment claimant who proves her pregnancy. (3) The portion of subsection 22(2) of the Act before paragraph (a) is replaced by the following:
Weeks for which benefits may be paid (2) Subject to section 12, benefits are payable to a
claimant under this section for each week of unemployment in the period
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(4) The portion of subsection 22(2) of the Act before paragraph (a) is replaced by the following:
Weeks for which benefits may be paid (2) Subject to section 12, benefits are payable to a major
attachment claimant under this section for each week of unemployment in the period (5) Subsection 22(5) of the Act is replaced by the following:
Deduction (5) Subject to subsection 19(3), if benefits are payable
under this section to a claimant for a week of unemployment, there shall be deducted from those benefits any allowances, money or other benefits payable to the claimant for that week under a plan that covers insured persons employed by an employer and in respect of which the employer’s premium has been reduced in accordance with regulations made under subsection 69(1).
(6) Subsection 22(5) of the Act is replaced by the
following: Deduction (5) Subject to subsection 19(3), if benefits are payable
under this section to a major attachment claimant for a week of unemployment, there shall be deducted from those benefits any allowances, money or other benefits payable to the claimant for that week under a plan that covers insured persons employed by an employer and in respect of which the employer’s premium has been reduced in accordance with regulations made under subsection 69(1). 310 (1) Subsection 23(1) of the Act is replaced by
the following: Parental benefits 23 (1) Despite section 18, but subject to this section, benefits are payable to a claimant to care for one or more new-born children of the claimant or one or more children placed with the claimant for the purpose of adoption under the laws governing adoption in the province in which the claimant resides. (2) Subsection 23(1) of the Act is replaced by the following:
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Parental benefits 23 (1) Despite section 18, but subject to this section, benefits are payable to a major attachment claimant to care for one or more new-born children of the claimant or one or more children placed with the claimant for the purpose of adoption under the laws governing adoption in the province in which the claimant resides. (3) Subsection 23(1.3) of the Act is replaced by the
following: First to elect (1.3) If two claimants each make a claim for benefits under this section — or one claimant makes a claim for benefits under this section and an individual makes a claim for benefits under section 152.05 — in respect of the same child or children, the election made under subsection (1.1) or 152.05(1.1) by the first claimant or individual, as the case may be, to make a claim for benefits under this section or under section 152.05 is binding on both claimants or on the claimant and the individual. (4) Subsection 23(1.3) of the Act is replaced by the
following: First to elect (1.3) If two major attachment claimants each make a claim for benefits under this section — or one major attachment claimant makes a claim for benefits under this section and an individual makes a claim for benefits under section 152.05 — in respect of the same child or children, the election made under subsection (1.1) or 152.05(1.1) by the first claimant or individual, as the case may be, to make a claim for benefits under this section or under section 152.05 is binding on both claimants or on the claimant and the individual. (5) Subsection 23(4) of the Act is replaced by the following:
Division of weeks of benefits (4) If two claimants each make a claim for benefits under this section — or if one claimant makes a claim for benefits under this section and an individual makes a claim for benefits under section 152.05 — in respect of the same child or children, the weeks of benefits payable under this section, under section 152.05 or under both those sections, may be divided between them up to a maximum of 40, if the maximum number of weeks that has been elected under subsection (1.1) or 152.05(1.1) is established under subparagraph 12(3)(b)(i) or 152.14(1)(b)(i), or up to a maximum of 69, if that number of weeks is
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established under subparagraph 12(3)(b)(ii) or 152.14(1)(b)(ii). If they cannot agree, the weeks of benefits are to be divided in accordance with the prescribed rules. (6) Subsection 23(4) of the Act is replaced by the following:
Division of weeks of benefits (4) If two major attachment claimants each make a claim
for benefits under this section — or if one major attachment claimant makes a claim for benefits under this section and an individual makes a claim for benefits under section 152.05 — in respect of the same child or children, the weeks of benefits payable under this section, under section 152.05 or under both those sections may be divided between them up to a maximum of 40, if the maximum number of weeks that has been elected under subsection (1.1) or 152.05(1.1) is established under subparagraph 12(3)(b)(i) or 152.14(1)(b)(i), or up to a maximum of 69, if that number of weeks is established under subparagraph 12(3)(b)(ii) or 152.14(1)(b)(ii). If they cannot agree, the weeks of benefits are to be divided in accordance with the prescribed rules.
(7) The portion of subsection 23(4.1) of the Act before paragraph (a) is replaced by the following:
Maximum number of weeks that can be divided (4.1) For greater certainty, if, in respect of the same child or children, a claimant makes a claim for benefits under this section and an individual makes a claim for benefits under section 152.05, the total number of weeks of benefits payable under this section and section 152.05 that may be divided between them may not exceed
(8) The portion of subsection 23(4.1) of the Act before paragraph (a) is replaced by the following:
Maximum number of weeks that can be divided (4.1) For greater certainty, if, in respect of the same child or children, a major attachment claimant makes a claim for benefits under this section and an individual makes a claim for benefits under section 152.05, the total number of weeks of benefits payable under this section
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and section 152.05 that may be divided between them may not exceed (9) The portion of subsection 23(5) of the Act before paragraph (a) is replaced by the following:
Deferral of waiting period (5) A claimant who makes a claim for benefits under this
section may have their waiting period deferred until they make another claim for benefits in the same benefit period, otherwise than under section 22 or this section, if
(10) The portion of subsection 23(5) of the Act before paragraph (a) is replaced by the following:
Deferral of waiting period (5) A major attachment claimant who makes a claim for
benefits under this section may have their waiting period deferred until they make another claim for benefits in the same benefit period, otherwise than under section 22 or this section, if
(11) Paragraphs 23(5)(b) to (d) of the Act are replaced by the following: (b) another claimant has made a claim for benefits under section 22 or this section in respect of the same child and that other claimant has served or is serving their waiting period; (c) another claimant is making a claim for benefits
under section 22 or this section in respect of the same child at the same time as the claimant and that other claimant elects to serve the waiting period; or (d) the claimant or another claimant meets the prescribed requirements. (12) Paragraphs 23(5)(b) to (d) of the Act are replaced by the following: (b) another major attachment claimant has made a claim for benefits under section 22 or this section in respect of the same child and that other claimant has served or is serving their waiting period; (c) another major attachment claimant is making a
claim for benefits under section 22 or this section in
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respect of the same child at the same time as the claimant and that other claimant elects to serve the waiting period; or (d) the
claimant or another major attachment claimant meets the prescribed requirements.
(13) The portion of subsection 23(6) of the Act before paragraph (b) is replaced by the following:
Exception (6) If a claimant makes a claim under section 22 or this
section and an individual makes a claim under section 152.04 or 152.05 in respect of the same child or children and one of them has served or elected to serve their waiting period, then (a) if the claimant is not the one who served or elected to serve the waiting period, that claimant is not required to serve a waiting period; or (14) The portion of subsection 23(6) of the Act before paragraph (b) is replaced by the following:
Exception (6) If a major attachment claimant makes a claim under
section 22 or this section and an individual makes a claim under section 152.04 or 152.05 in respect of the same child or children and one of them has served or elected to serve their waiting period, then (a) if the major attachment claimant is not the one
who served or elected to serve the waiting period, that claimant is not required to serve a waiting period; or
311 (1) The portion of subsection 23.1(2) of the Act before paragraph (a) is replaced by the following:
Compassionate care benefits (2) Despite section 18, but subject to this section, benefits are payable to a claimant if a medical doctor or nurse practitioner has issued a certificate stating that (2) The portion of subsection 23.1(2) of the Act before paragraph (a) is replaced by the following:
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Compassionate care benefits (2) Despite section 18, but subject to this section, benefits are payable to a major attachment claimant if a medical doctor or nurse practitioner has issued a certificate stating that 312 (1) The portion of subsection 23.2(1) of the
Act before paragraph (a) is replaced by the following: Benefits — critically ill child 23.2 (1) Despite section 18, but subject to this section, benefits are payable to a claimant who is a family member of a critically ill child in order to care for or support that child, if a medical doctor or nurse practitioner has issued a certificate that (2) The portion of subsection 23.2(1) of the Act before paragraph (a) is replaced by the following:
Benefits — critically ill child 23.2 (1) Despite section 18, but subject to this section, benefits are payable to a major attachment claimant who is a family member of a critically ill child in order to care for or support that child, if a medical doctor or nurse practitioner has issued a certificate that 313 (1) The portion of subsection 23.3(1) of the
Act before paragraph (a) is replaced by the following: Benefits — critically ill adult 23.3 (1) Despite section 18, but subject to this section, benefits are payable to a claimant who is a family member of a critically ill adult, in order to care for or support that adult, if a medical doctor or nurse practitioner has issued a certificate that (2) The portion of subsection 23.3(1) of the Act before paragraph (a) is replaced by the following:
Benefits — critically ill adult 23.3 (1) Despite section 18, but subject to this section, benefits are payable to a major attachment claimant who is a family member of a critically ill adult, in order to care for or support that adult, if a medical doctor or nurse practitioner has issued a certificate that
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314 (1) Subsection 28(7) of the Act is repealed. (2) Section 28 of the Act is amended by adding the following after subsection (6):
Exception (7) Subsection (6) does not apply to prevent a claimant from requesting that a benefit period established for the claimant as a minor attachment claimant be cancelled under subsection 10(6) and that a benefit period be established for the claimant as a major attachment claimant to enable the claimant to receive special benefits. 315 (1) Paragraph 29(a) of the Act is replaced by the following: (a) employment refers to the claimant’s last employment before their initial claim for benefits or any employment of the claimant within their benefit period; (2) Paragraph 29(a) of the Act is replaced by the following: (a) employment refers to any employment of the claimant within their qualifying period or their benefit period; 316 (1) The portion of subsection 30(1) of the Act
before paragraph (b) is replaced by the following: Disqualification — misconduct or leaving without just cause 30 (1) A claimant is disqualified from receiving any benefits if the claimant lost their employment because of their misconduct or voluntarily left their employment without just cause, unless (a) the claimant has, since losing or leaving the employment, been employed in insurable employment and made a new initial claim for benefits; or (2) The portion of subsection 30(1) of the Act before paragraph (b) is replaced by the following:
Disqualification — misconduct or leaving without just cause 30 (1) A claimant is disqualified from receiving any benefits if the claimant lost any employment because of their misconduct or voluntarily left any employment without just cause, unless
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(a) the claimant has, since losing or leaving the employment, been employed in insurable employment for the number of hours required by section 7 or 7.1 to qualify to receive benefits; or (3) Subsections 30(4) to (7) of the Act are replaced
by the following: Suspension (4) The disqualification is suspended during any week for which the claimant is otherwise entitled to special benefits. (4) Subsection 30(4) of the Act is replaced by the following:
Suspension (4) Despite subsection (6), the disqualification is suspended during any week for which the claimant is otherwise entitled to special benefits. Restriction on qualifying for benefits (5) If a claimant who has lost or left an employment as described in subsection (1) makes an initial claim for benefits, the following hours may not be used to qualify under section 7 or 7.1 to receive benefits: (a) hours of insurable employment from that or any other employment before the employment was lost or left; and (b) hours of insurable employment in any employment that the claimant subsequently loses or leaves, as described in subsection (1). Restriction on number of weeks and rate of benefits (6) No hours of insurable employment in any employment that a claimant loses or leaves, as described in subsection (1), may be used for the purpose of determining the maximum number of weeks of benefits under subsection 12(2) or the claimant’s rate of weekly benefits under section 14.
Interpretation (7) For greater certainty, but subject to paragraph (1)(a), a claimant may be disqualified under subsection (1) even if the claimant’s last employment before their claim for benefits was not lost or left as described in that subsection and regardless of whether their claim is an initial claim for benefits. 317 (1) Section 46.01 of the Act is replaced by the following:
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Limitation 46.01 No amount is payable under section 45, or deductible under subsection 46(1), as a repayment of an overpayment of benefits if more than 36 months have elapsed since the lay-off or separation from the employment in relation to which the earnings are paid or payable. (2) Section 46.01 of the Act is replaced by the following: Limitation 46.01 No amount is payable under section 45, or deductible under subsection 46(1), as a repayment of an overpayment of benefits if more than 36 months have elapsed since the lay-off or separation from the employment in relation to which the earnings are paid or payable and, in the opinion of the Commission, the administrative costs of determining the repayment would likely equal or exceed the amount of the repayment. 318 (1) The portion of section 51 of the Act before
paragraph (a) is replaced by the following:
Information 51 If, in considering a claim for benefits, the Commission finds an indication from the documents relating to the claim that the loss of employment, as defined in paragraph 29(a), resulted from the claimant’s misconduct or that the claimant voluntarily left employment, the Commission shall (2) The portion of section 51 of the Act before
paragraph (a) is replaced by the following: Information 51 If, in considering a claim for benefits, the Commission finds an indication from the documents relating to the claim that the loss of employment resulted from the claimant’s misconduct or that the claimant voluntarily left employment, the Commission shall 319 Section 58 of the Act is replaced by the following: Definition of insured participant 58 In this Part, insured participant means (a) an insured person who requests assistance under employment benefits and, when requesting the assistance, is an unemployed person for whom a benefit period is established or whose benefit period has ended within the previous 60 months or an unemployed
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person who paid, in at least 5 of the last 10 years, employee’s premiums that did not entitle the person to a refund under subsection 96(4); and (b) a claimant who requests assistance under employment benefits and, when requesting assistance, is an unemployed person who was in receipt of the employment insurance emergency response benefit within the previous 60 months. 320 Subsection 152.05(1) of the French version of
the Act is replaced by the following: Prestations parentales 152.05 (1) Sous réserve de la présente partie, des prestations doivent être payées à un travailleur indépendant qui prend soin de son ou de ses nouveau-nés ou d’un ou plusieurs enfants placés chez lui en vue de leur adoption en conformité avec les lois régissant l’adoption dans la province où il réside. 321 (1) Clause 152.07(1)(d)(i)(A) of the French version of the Act is replaced by the following: (A) si sa période de prestations commence durant la période commençant le 3 janvier 2021 et se terminant le 25 septembre 2021, malgré tout montant fixé par règlement ou établi selon le mode de calcul prévu par règlement pour cette période de référence, 5 000 $, (2) Subparagraph 152.07(1)(d)(i) of the Act is
amended by striking out “or” at the end of clause (A) and by replacing clause (B) with the following: (B) in the case where the person’s benefit period begins during the period beginning on September 26, 2021 and ending on September 24, 2022, and despite any amount fixed or determined in accordance with the regulations for that qualifying period, $5,289, or (C) in any other case, $6,000 or the amount fixed
or determined in accordance with the regulations, if any, for that qualifying period, or 322 (1) Paragraph 152.11(11)(b) of the Act is repealed. (2) Subsection 152.11(11) of the Act is amended by adding the following after paragraph (a):
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(b) in receipt of earnings paid because of the complete
severance of their relationship with their former employer; 323 Paragraph 152.14(1)(c) of the Act is replaced
by the following: (c) because of a prescribed illness, injury or quarantine is 26; 324 Section 153.1304 of the Act is repealed. 325 The portion of section 153.14 of the Act before
paragraph (a) is replaced by the following:
June 2, 2027 or repeal 153.14 A provision of this Part that is added by any of
the following Interim Orders or a provision that, under any of those Interim Orders, is an adaptation of a provision of this Act or provides for the non-application of a provision of this Act ceases to apply on the earlier of June 2, 2027 and the day on which the Interim Order that enacted the provision is repealed: 326 Section 153.16 of the Act is replaced by the
following: Rate of 13.1% 153.16 Despite section 17 of the Employment Insurance Regulations, if the later of the weeks referred to in subsection 10(1) begins during the period beginning on September 27, 2020 and ending on September 25, 2021, the regional rate of unemployment that applies to the claimant is 13.1%, if that rate is greater than the rate that would otherwise apply to them. 327 (1) Subsection 153.196(1) of the Act is replaced by the following:
September 25, 2021 or repeal 153.196 (1) Subject to subsections (2) and (3), this Part
ceases to apply on the earlier of September 25, 2021 and the day on which Interim Order No. 8 Amending the Employment Insurance Act (Facilitated Access to Benefits) is repealed. (2) Section 153.196 of the Act is amended by
adding the following after subsection (2):
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Exception (3) Sections 153.1922 to 153.1924 cease to apply on December 18, 2021. 328 The Act is amended by adding the following
after Part VIII.5:
PART VIII.6
Temporary Measures Weekly insurable earnings 153.197 (1) Despite subsection 14(2), the weekly insurable earnings of a claimant whose benefit period begins during the period beginning on September 26, 2021 and ending on November 20, 2021 are deemed to be the greater of (a) the claimant’s insurable earnings in the calculation period referred to in subsection 14(4), divided by the number of weeks in that period in which they had insurable earnings, and (b) $545.
Self-employed persons (2) Despite subsection 152.16(1), if a self-employed person’s benefit period begins during the period beginning on September 26, 2021 and ending on November 20, 2021 and the result obtained by dividing the aggregate of the amounts referred to in paragraphs 152.16(1)(a) and (b) by 52 is less than $545, the result is deemed to be $545.
Fishers (3) Despite paragraph 8.1(a) of the Employment Insurance (Fishing) Regulations, the weekly insurable earnings of a fisher whose benefit period begins during the period beginning on September 26, 2021 and ending on November 20, 2021 are deemed to be the greater of the amount determined under that paragraph and $545. 329 (1) Schedule I to the Act is replaced by the Schedule I set out in Schedule 1 to this Act. (2) Schedule I to the Act is replaced by the Schedule I set out in Schedule 2 to this Act.
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330 The Act is amended by adding, after Schedule IV, the Schedules V and VI set out in Schedule 3 to this Act.
Transitional Provisions Words and expressions 331 Words and expressions used in sections 332
to 336 have the same meaning as in the Employment Insurance Act. Continued application — before September 26, 2021 332 The following provisions of the Employment Insurance Act, as they read immediately before September 26, 2021, continue to apply in respect of an insured person or a claimant, as the case may be, whose benefit period begins before that day: (a) the definitions major attachment claimant and minor attachment claimant in subsection 6(1); (b) subsection 7(2); (c) subsection 7.1(1); (d) subsection 12(8); (e) subsection 21(1); (f) subsections 22(1), (2) and (5); (g) subsections 23(1), (1.3), (4), (4.1), (5) and (6); (h) subsection 23.1(2); (i) subsection 23.2(1); (j) subsection 23.3(1); (k) subsection 28(7); (l) paragraph 29(a); (m) subsections 30(1) and (4) to (7); (n) section 51; and (o) Schedule I.
Continued application — Part VIII.5 333 Part VIII.5 of the Employment Insurance
Act, as it read immediately before September 26, 2021, continues to apply in respect of an insured
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person or claimant, as the case may be, whose benefit period begins during the period beginning on September 27, 2020 and ending on September 25, 2021. Suspension of operation 334 (1) The operation of Part VIII.1 of the Employment Insurance Act and any regulations made under that Part is suspended during the period beginning on September 26, 2021 and ending on September 24, 2022.
Continued application of suspension (2) The operation of Part VIII.1 of the Employment Insurance Act and any regulations made under that Part continues to be suspended in respect of an insured person or a claimant, as the case may be, whose benefit period begins during the period referred to in subsection (1).
Continued application — before September 25, 2022 335 The following provisions of the Employment Insurance Act, as they read immediately before September 25, 2022, continue to apply in respect of an insured person or a claimant, as the case may be, whose benefit period begins during the period beginning on September 26, 2021 and ending on September 24, 2022: (a) subsection 6(1); (b) subsection 7(2); (c) subsection 7.1(1); (d) subsection 12(8); (e) section 21; (f) subsections 22(1), (2) and (5); (g) subsections 23(1), (1.3), (4), (4.1), (5) and (6); (h) subsection 23.1(2); (i) subsection 23.2(1); (j) subsection 23.3(1); (k) section 28; (l) paragraph 29(a); (m) section 30; (n) section 51; and
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(o) Schedule I.
Illness, injury or quarantine 336 Paragraphs 12(3)(c) and 152.14(1)(c) of the
Employment Insurance Act, as amended by subsection 307(2) and section 323, respectively, apply in respect of a claimant for any benefit period that begins on or after the day on which subsection 307(2) and section 323 come into force.
Coordinating Amendments 2000, c. 12 337 (1) In this section, other Act means the Modernization of Benefits and Obligations Act. (2) If subsection 107(1) of the other Act comes into force before subsection 310(2) of this Act, then (a) on the first day on which both that subsection 107(1) and subsection 310(1) of this Act are in force subsection 23(1) of the Employment Insurance Act is replaced by the following:
Parental benefits 23 (1) Despite section 18, but subject to this section, benefits are payable to a claimant to care for (a) one or more new-born children of the claimant; (b) one or more children placed with the claimant for the purpose of adoption under the laws governing adoption in the province in which the claimant resides; or (c) one or more children if the claimant meets the requirements set out in the regulations made under paragraph 54(f.1). (b) on the day on which that subsection 310(2) comes into force, the portion of subsection 23(1) of the Employment Insurance Act before paragraph (a) is replaced by the following:
Parental benefits 23 (1) Despite section 18, but subject to this section, benefits are payable to a major attachment claimant to care for
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(3) If subsection 107(1) of the other Act comes into force on the same day as subsection 310(2) of this Act, then that subsection 310(2) is deemed to have come into force before that subsection 107(1).
2009, c. 33 338 (1) In this section, other Act means the Fairness for the Self-Employed Act. (2) If section 320 of this Act comes into force before paragraph 36(b) of the other Act produces its effects, then the French version of that paragraph 36(b) is amended by replacing the portion of subsection 152.05(1) of the Employment Insurance Act before paragraph (a) that it enacts by the following: Prestations parentales 152.05 (1) Sous réserve de la présente partie, des prestations doivent être payées à un travailleur indépendant qui prend soin : (3) If paragraph 36(b) of the other Act produces
its effects before section 320 of this Act comes into force, then that section 320 is replaced by the following: 320 The portion of subsection 152.05(1) of the
French version of the Act before paragraph (a) is replaced by the following: Prestations parentales 152.05 (1) Sous réserve de la présente partie, des prestations doivent être payées à un travailleur indépendant qui prend soin : (4) If paragraph 36(b) of the other Act produces
its effects on the same day as the coming into force of section 320 of this Act, then that paragraph 36(b) is deemed to have produced its effect before that section 320 comes into force and subsection (3) applies as a consequence.
Coming into Force September 26, 2021 339 (1) Subsections 302(1), 303(1) and (3) and 304(1), section 305, subsections 306(1), 307(1) and (3), 308(1), 309(1), (3) and (5), 310(1), (3), (5), (7), (9), (11) and (13), 311(1), 312(1), 313(1), 314(1), 315(1), 316(1) and (3), 317(1) and 318(1), sections 319 to 321, subsection 322(1), sections 324, 325 and 327, subsection 329(1) and section 330 come into
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force, or are deemed to have come into force, on September 26, 2021. September 25, 2022 (2) Subsections 302(2), 303(2) and (4), 304(2), 306(2), 307(4), 308(2), 309(2), (4) and (6), 310(2), (4), (6), (8), (10), (12) and (14), 311(2), 312(2), 313(2), 314(2), 315(2), 316(2) and (4), 317(2), 318(2), 322(2) and 329(2) come into force, or are deemed to have come into force, on September 25, 2022.
Order in council (3) Subsection 307(2) and sections 323 and 336
come into force on a day to be fixed by order of the Governor in Council. September 12, 2021 (4) Section 326 comes into force, or is deemed to have come into force, on September 12, 2021.
Order in council (5) Section 328 comes into force on a day to be
fixed by order of the Governor in Council. R.S., c. L-2
Canada Labour Code Amendments to the Act 340 (1) Subsection 187.1(1) of the Canada Labour
Code is replaced by the following: Interruption 187.1 (1) An employee may interrupt a vacation granted to them under this Division in order to permit them to take a leave of absence under Division VII or VIII or section 247.5 or to be absent due to a reason referred to in subsection 239(1), 239.01(1) or 239.1(1). (2) Subsection 187.1(3) of the Act is replaced by
the following: Application of subsection 239(7) (3) If an employee interrupts a vacation to be absent due to a reason referred to in subsection 239(1) and resumes the vacation immediately at the end of that leave, subsection 239(7) applies to them as if they did not resume the vacation before returning to work. 341 Subsection 187.2(1) of the Act is replaced by the following:
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Postponement 187.2 (1) Despite paragraph 185(a) or any term or condition of employment, an employee may postpone their vacation until after the day on which a leave of absence taken under Division VII or VIII or section 247.5, or an absence due to a reason referred to in subsection 239(1), 239.01(1) or 239.1(1), ends. 342 (1) Subsection 206.1(2.1) of the Act is replaced
by the following: Extension of period (2.1) The period referred to in subsection (2) is extended
by the number of weeks during which the employee is on leave under any of sections 206.3 to 206.5 and 206.9, is absent due to a reason referred to in subsection 239(1), 239.01(1) or 239.1(1) or is on leave under any of paragraphs 247.5(1)(a), (b) and (d) to (g). (2) Subsection 206.1(2.4) of the Act is replaced by the following:
Interruption (2.4) The employee may interrupt the leave referred to in subsection (1) in order to permit the employee to take leave under any of sections 206.3 to 206.5 and 206.9, to be absent due to a reason referred to in subsection 239(1), 239.01(1) or 239.1(1) or to take leave under any of paragraphs 247.5(1)(a), (b) and (d) to (g). (3) Subsection 206.1(4) of the Act is replaced by
the following: Exception — medical leave (4) Except to the extent that it is inconsistent with subsection 239(7), section 209.1 applies to an employee who interrupted the leave referred to in subsection (1) in order to be absent due to a reason referred to in subsection 239(1). 343 (1) Subsection 207.02(1) of the Act is replaced by the following:
Interruption 207.02 (1) An employee may interrupt a leave of absence referred to in any of sections 206.3 to 206.5 in order to be absent due to a reason referred to in subsection 239(1), 239.01(1) or 239.1(1). (2) Subsection 207.02(3) of the Act is replaced by
the following:
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Exception — medical leave (3) Except to the extent that it is inconsistent with subsection 239(7), section 209.1 applies to an employee who interrupted the leave in order to be absent due to a reason referred to in subsection 239(1). 344 (1) The portion of subsection 239(1) of the Act before paragraph (a) is replaced by the following:
Entitlement to leave 239 (1) Every employee is entitled to and shall be granted a medical leave of absence from employment of up to 27 weeks as a result of (2) Subsection 239(1) of the Act is amended by striking out “or” at the end of paragraph (b), by adding “or” at the end of paragraph (c) and by adding the following after paragraph (c): (d) quarantine. (3) Subsection 239(1.1) of the Act is repealed.
Coordinating Amendments 2020, c. 12 345 On the first day on which both subsection
340(1) of this Act and subsection 4.1(2) of the COVID-19 Response Measures Act are in force (a) subsection 187.1(1) of the Canada Labour
Code is replaced by the following:
Interruption 187.1 (1) An employee may interrupt a vacation granted to them under this Division in order to permit them to take a leave of absence under Division VII or VIII or section 247.5 or to be absent due to a reason referred to in subsection 239(1) or 239.1(1). (b) subsection 187.2(1) of the Canada Labour Code is replaced by the following:
Postponement 187.2 (1) Despite paragraph 185(a) or any term or condition of employment, an employee may postpone their vacation until after the day on which a leave of absence taken under Division VII or VIII or section 247.5, or an absence due to a reason referred to in subsection 239(1) or 239.1(1), ends.
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(c) subsection 206.1(2.1) of the Canada Labour
Code is replaced by the following: Extension of period (2.1) The period referred to in subsection (2) is extended
by the number of weeks during which the employee is on leave under any of sections 206.3 to 206.5 and 206.9, is absent due to a reason referred to in subsection 239(1) or 239.1(1) or is on leave under any of paragraphs 247.5(1)(a), (b) and (d) to (g). (d) subsection 206.1(2.4) of the Canada Labour
Code is replaced by the following: Interruption (2.4) The employee may interrupt the leave referred to
in subsection (1) in order to permit the employee to take leave under any of sections 206.3 to 206.5 and 206.9, to be absent due to a reason referred to in subsection 239(1) or 239.1(1) or to take leave under any of paragraphs 247.5(1)(a), (b) and (d) to (g). (e) subsection 207.02(1) of the Canada Labour
Code is replaced by the following: Interruption 207.02 (1) An employee may interrupt a leave of absence referred to in any of sections 206.3 to 206.5 in order to be absent due to a reason referred to in subsection 239(1) or 239.1(1).
Coming into Force Subsection 307(2) 346 Sections 340 to 344 come into force on the day
on which subsection 307(2) comes into force. SOR/96-332
Employment Insurance Regulations Amendments to the Regulations 347 (1) Subsection 35(6) of the Employment Insurance Regulations is replaced by the following: (6) Notwithstanding subsection (2), allowances that would not be deducted from benefits by virtue of subsection 16(1) are not earnings to be taken into account for the purposes of section 14. (2) Subsection 35(6) of the Regulations is replaced by the following:
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(6) Notwithstanding subsection (2), the earnings referred to in subsection 36(9) and allowances that would not be deducted from benefits by virtue of subsection 16(1) are not earnings to be taken into account for the purposes of section 14. (3) Subsection 35(7) of the Regulations is amended by striking out “and” at the end of paragraph (e), by adding “and” at the end of paragraph (f) and by adding the following after paragraph (f): (g) earnings paid or payable to a claimant by reason of a lay-off or separation from employment. (4) Subsection 35(7) of the Regulations is amended by striking out “and” at the end of paragraph (f), by adding “and” at the end of paragraph (e) and by repealing paragraph (g). 348 (1) Subsections 36(9) to (10.2) of the Regulations are repealed. (2) Section 36 of the Regulations is amended by adding the following after subsection (8): (9) Subject to subsections (10) to (11), all earnings paid
or payable to a claimant by reason of a lay-off or separation from an employment shall, regardless of the period in respect of which the earnings are purported to be paid or payable, be allocated to a number of weeks that begins with the week of the lay-off or separation in such a manner that the total earnings of the claimant from that employment are, in each consecutive week except the last, equal to the claimant’s normal weekly earnings from that employment. (10) Subject to subsection (11), where earnings are paid
or payable to a claimant by reason of a lay-off or separation from an employment subsequent to an allocation under subsection (9) in respect of that lay-off or separation, the subsequent earnings shall be added to the earnings that were allocated and, regardless of the period in respect of which the subsequent earnings are purported to be paid or payable, a revised allocation shall be made in accordance with subsection (9) on the basis of that total. (10.1) The allocation of the earnings paid or payable to a claimant by reason of a lay-off or separation from an employment made in accordance with subsection (9) does not apply if
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(a) the claimant’s benefit period begins in the period
beginning on January 25, 2009 and ending on May 29, 2010; (b) the claimant contributed at least 30% of the maximum annual employee’s premium in at least seven of the 10 years before the beginning of the claimant’s benefit period; (c) the Commission paid the claimant less than 36 weeks of regular benefits in the 260 weeks before the beginning of the claimant’s benefit period; and (d) during the period in which the earnings paid or payable by reason of the claimant’s lay-off or separation from an employment are allocated in accordance with subsection (9) or, if the earnings are allocated to five weeks or less, during that period of allocation or within six weeks following the notification of the allocation, the claimant is referred by the Commission, or an authority that the Commission designates, under paragraph 25(1)(a) of the Act, to a course or program of instruction or training (i) that is full-time, (ii) that has a duration of at least 10 weeks or that
costs at least $5,000 or 80% of the earnings paid or payable by reason of the claimant’s lay-off or separation from employment, (iii) for which the claimant assumes the entire cost,
and (iv) that begins during one of the 52 weeks following the beginning of the claimant’s benefit period. (10.2) If any of the conditions under which the Commission may terminate the claimant’s referral under paragraph 27(1.1)(b) of the Act exists, the earnings paid or payable to the claimant by reason of a lay-off or separation from an employment shall be re-allocated under subsection (9). 349 (1) The portion of subsection 55(5) of the
Regulations before paragraph (a) is replaced by the following: (5) A claimant who is not a self-employed person and
whose most recent interruption of earnings before making a claim for benefits is from insurable employment outside Canada is not disentitled from receiving benefits for the sole reason that the claimant is outside Canada if
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(2) The portion of subsection 55(5) of the Regulations before paragraph (a) is replaced by the following: (5) A major attachment claimant who is not a self-employed person and whose most recent interruption of earnings before making a claim for benefits is from insurable employment outside Canada is not disentitled from receiving benefits for the sole reason that the claimant is outside Canada if (3) The portion of subsection 55(6) of the Regulations before paragraph (a) is replaced by the following: (6) Subject to subsection (7), a claimant who is not a selfemployed person and who resides outside Canada, other than a claimant referred to in subsection (5), is not disentitled from receiving benefits for the sole reason of their residence outside Canada if (4) The portion of subsection 55(6) of the Regulations before paragraph (a) is replaced by the following: (6) Subject to subsection (7), a claimant who is not a selfemployed person and who resides outside Canada, other than a major attachment claimant referred to in subsection (5), is not disentitled from receiving benefits for the sole reason of their residence outside Canada if 350 Paragraph 77.992(2)(a) of the Regulations is replaced by the following: (a) the date on which a benefit period is established
falls within the period beginning on August 5, 2018 and ending on September 25, 2021;
Coming into Force September 26, 2021 351 (1) Subsections 347(1) and (3), 348(1), 349(1) and (3) and section 350 come into force, or are deemed to have come into force, on September 26, 2021.
September 25, 2022 (2) Subsections 347(2) and (4), 348(2) and 349(2)
and (4) come into force, or are deemed to have come into force, on September 25, 2022.
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SOR/96-445
Employment Insurance (Fishing) Regulations Amendments to the Regulations 352 (1) The definitions major attachment claimant
and minor attachment claimant in subsection 1(1) of the Employment Insurance (Fishing) Regulations are repealed. (2) Subsection 1(1) of the Regulations is amended
by adding the following in alphabetical order: major attachment claimant means a claimant who qualifies to receive benefits and has $3,760 or more of insurable earnings from employment as a fisher in their qualifying period. (prestataire de la première catégorie) minor attachment claimant means a claimant who qualifies to receive benefits and has less than $3,760 of insurable earnings from employment as a fisher in their qualifying period. (prestataire de la deuxième catégorie)
353 (1) Paragraph 8(2)(b) of the Regulations is
replaced by the following: (b) have accumulated, since the beginning of the qualifying period, at least $2,500 of insurable earnings from employment as a fisher. (2) Paragraph 8(2)(b) of the Regulations is replaced by the following: (b) have accumulated, since the beginning of the qualifying period, not less than the amount of insurable earnings from employment as a fisher that is set out in the schedule for the unemployment rate applicable to the region where they reside. (3) Paragraph 8(7)(b) of the Regulations is replaced by the following: (b) have accumulated, since the beginning of the qualifying period, at least $2,500 of insurable earnings from employment as a fisher. (4) Paragraph 8(7)(b) of the Regulations is replaced by the following:
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Chapter 23: Budget Implementation Act, 2021, No. 1 PART 4 Various Measures DIVISION 35 Benefits and Leave Related to Employment Employment Insurance (Fishing) Regulations Sections 353-354
(b) have accumulated, since the beginning of the qualifying period, not less than the amount of insurable earnings from employment as a fisher that is set out in the schedule for the unemployment rate applicable to the region where they reside. 354 (1) Subsection 11(1) of the Regulations is replaced by the following: 11 (1) Despite subsections 7.1(1) to (2.1), (6) and (7) of
the Act, the amount of insurable earnings that an insured person requires under section 8 or 12 to qualify for benefits is increased to the amount set out in the applicable column of the table to this subsection if the insured person accumulates one or more violations in the 260 weeks before making an initial claim for benefits. TABLE Column 1
Column 2
Item
Minor Violation ($)
Serious Violation ($)
3,200
3,800
TABLEAU Colonne 1
Colonne 2
Article Violation mineure ($)
Violation grave ($)
3 800
3 200
(2) Subsection 11(1) of the Regulations is replaced by the following: 11 (1) Despite subsections 7.1(1) to (2.1), (6) and (7) of
the Act, the amount of insurable earnings that an insured person requires under section 8 to qualify for benefits is increased to the amount set out in the applicable column of the table to this subsection if the insured person accumulates one or more violations in the 260 weeks before making an initial claim for benefits. TABLE Column 1
Column 2
Item
Regional Rate of Unemployment
Minor Violation ($)
6% and under
5,250
more than 6% but not more than 7%
5,000
more than 7% but not more than 8%
4,750
more than 8% but not more than 9%
4,500
more than 9% but not more than 10%
4,200
more than 10% but not more than 11%
3,950
more than 11% but not more than 12%
3,625
more than 12% but not more than 13%
3,450
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Chapter 23: Budget Implementation Act, 2021, No. 1 PART 4 Various Measures DIVISION 35 Benefits and Leave Related to Employment Employment Insurance (Fishing) Regulations Sections 354-355
Column 1
Column 2
Item
Regional Rate of Unemployment
Minor Violation ($)
more than 13%
3,200
TABLEAU Colonne 1
Colonne 2
Article
Taux régional de chômage
Violation mineure ($)
6 % et moins
5 250
plus de 6 % mais au plus 7 %
5 000
plus de 7 % mais au plus 8 %
4 750
plus de 8 % mais au plus 9 %
4 500
plus de 9 % mais au plus 10 %
4 200
plus de 10 % mais au plus 11 %
3 950
plus de 11 % mais au plus 12 %
3 625
plus de 12 % mais au plus 13 %
3 450
plus de 13 %
3 200
355 (1) Subsection 12(1) of the Regulations is replaced by the following: 12 (1) An insured person who is not qualified to receive benefits under section 7 of the Act and who is claiming special benefits qualifies to receive the special benefits if the person has at least $2,500 of insurable earnings from employment as a fisher in their qualifying period. (2) Subsection 12(1) of the Regulations is replaced by the following: 12 (1) An insured person who is not qualified to receive benefits under section 7 of the Act and who is claiming special benefits qualifies to receive the special benefits if the person has at least $3,760 of insurable earnings from employment as a fisher in their qualifying period. (3) Paragraph 12(5)(a) of the Regulations is replaced by the following: (a) the claimant has accumulated, since the beginning of the benefit period, insurable earnings from employment as a fisher that, when added to the insurable earnings from employment as a fisher in the claimant’s qualifying period, are at least $2,500; and (4) Paragraph 12(5)(a) of the Regulations is replaced by the following: (a) the claimant has accumulated, since the beginning of the benefit period, insurable earnings from employ2020-2021
Chapter 23: Budget Implementation Act, 2021, No. 1 PART 4 Various Measures DIVISION 35 Benefits and Leave Related to Employment Employment Insurance (Fishing) Regulations Sections 355-361
ment as a fisher that, when added to the insurable earnings from employment as a fisher in the claimant’s qualifying period, are equal to or exceed the applicable amount of insurable earnings in employment as a fisher set out in the schedule, determined by reference to the week in which the benefit period began; and 356 The heading before section 15 and sections 15
to 17 of the Regulations are repealed. 357 The schedule to the Regulations is repealed. 358 The Regulations are amended by adding, after section 14.5, the schedule set out in Schedule 4 to this Act.
Transitional Provision Non-application 359 For greater certainty, subsections 153(3) to (9) of the Employment Insurance Act do not apply in respect of the amendments made by sections 352 to 358.
Coming into Force September 26, 2021 360 (1) Subsections 352(1), 353(1) and (3), 354(1) and 355(1) and (3) and sections 356 and 357 come into force, or are deemed to have come into force, on September 26, 2021.
September 25, 2022 (2) Subsections 352(2), 353(2) and (4), 354(2) and
355(2) and (4) and section 358 come into force, or are deemed to have come into force, on September 25, 2022.
DIVISION 36 2000, c. 9
Canada Elections Act Amendments to the Act 361 (1) Paragraph 486(3)(c) of the Canada Elections Act is replaced by the following: (c) knowingly contravenes subsection 91(1) (making or publishing false statement to affect election results); or
2020-2021
Chapter 23: Budget Implementation Act, 2021, No. 1 PART 4 Various Measures DIVISION 36 Canada Elections Act Amendments to the Act Sections 361-362
(2) Paragraph 486(4)(a) of the Act is replaced by
the following: (a) knowingly contravenes subsection 91(1) (making or publishing false statement to affect election results); or
Application of Amendments Election within six months 362 Despite subsection 554(1) of the Canada
Elections Act, the amendments to that Act made by section 361 apply in an election for which the writ is issued within six months after the day on which this Act receives royal assent.
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Chapter 23: Budget Implementation Act, 2021, No. 1 SCHEDULE 1
SCHEDULE 1 (Subsection 329(1))
SCHEDULE I (Subsection 12(2))
Table of Weeks of Benefits
Regiona
Number of hours More than More than More than More than Mo of insurable 6% but not 7% but not 8% but not 9% but not 10 employment in 6% and more more more more no qualifying period under than 7% than 8% than 9% than 10% th 420–454 14 14 14 16 18 455–489 14 14 14 16 18 490–524 14 14 15 17 19 525–559 14 14 15 17 19 560–594 14 14 16 18 20 595–629 14 14 16 18 20 630–664 14 15 17 19 21 665–699 14 15 17 19 21 700–734 14 16 18 20 22 735–769 14 16 18 20 22 770–804 15 17 19 21 23 805–839 15 17 19 21 23 840–874 16 18 20 22 24 875–909 16 18 20 22 24 910–944 17 19 21 23 25 945–979 17 19 21 23 25 980–1014 18 20 22 24 26 1015–1049 18 20 22 24 26 1050–1084 19 21 23 25 27 1085–1119 19 21 23 25 27 1120–1154 20 22 24 26 28 1155–1189 20 22 24 26 28 1190–1224 21 23 25 27 29 1225–1259 21 23 25 27 29 1260–1294 22 24 26 28 30 1295–1329 22 24 26 28 30 1330–1364 23 25 27 29 31 1365–1399 23 25 27 29 31 1400–1434 24 26 28 30 32 1435–1469 25 27 29 31 33 1470–1504 26 28 30 32 34 1505–1539 27 29 31 33 35 1540–1574 28 30 32 34 36 1575–1609 29 31 33 35 37 1610–1644 30 32 34 36 38 1645–1679 31 33 35 37 39 1680–1714 32 34 36 38 40 1715–1749 33 35 37 39 41 1750–1784 34 36 38 40 42 1785–1819 35 37 39 41 43 1820– 36 38 40 42 44
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Chapter 23: Budget Implementation Act, 2021, No. 1 SCHEDULE 1 (French)
ANNEXE 1 (paragraphe 329(1))
ANNEXE I (paragraphe 12(2))
Tableau des semaines de prestatio
Taux Nombre d’heures d’emploi assurable au cours de la période de référence 420–454 455–489 490–524 525–559 560–594 595–629 630–664 665–699 700–734 735–769 770–804 805–839 840–874 875–909 910–944 945–979 980–1014 1015–1049 1050–1084 1085–1119 1120–1154 1155–1189 1190–1224 1225–1259 1260–1294 1295–1329 1330–1364 1365–1399 1400–1434 1435–1469 1470–1504 1505–1539 1540–1574 1575–1609 1610–1644 1645–1679 1680–1714 1715–1749 1750–1784 1785–1819 1820–
2020-2021
6 % et moins 14 14 14 14 14 14 14 14 14 14 15 15 16 16 17 17 18 18 19 19 20 20 21 21 22 22 23 23 24 25 26 27 28 29 30 31 32 33 34 35 36
Plus de 6 % mais au plus 7% 14 14 14 14 14 14 15 15 16 16 17 17 18 18 19 19 20 20 21 21 22 22 23 23 24 24 25 25 26 27 28 29 30 31 32 33 34 35 36 37 38
Plus de 7 % mais au plus 8% 14 14 15 15 16 16 17 17 18 18 19 19 20 20 21 21 22 22 23 23 24 24 25 25 26 26 27 27 28 29 30 31 32 33 34 35 36 37 38 39 40
Plus de 8 % mais au plus 9% 16 16 17 17 18 18 19 19 20 20 21 21 22 22 23 23 24 24 25 25 26 26 27 27 28 28 29 29 30 31 32 33 34 35 36 37 38 39 40 41 42
Plus de P 9 % mais 10 au plus a 10 % 18 18 19 19 20 20 21 21 22 22 23 23 24 24 25 25 26 26 27 27 28 28 29 29 30 30 31 31 32 33 34 35 36 37 38 39 40 41 42 43 44
Chapter 23: Budget Implementation Act, 2021, No. 1 SCHEDULE 2
SCHEDULE 2 (Subsection 329(2))
SCHEDULE I (Subsection 12(2))
Table of Weeks of Benefits
Regiona
Number of hours More than More than More than More than Mo of insurable 6% but not 7% but not 8% but not 9% but not 10 employment in 6% and more more more more no qualifying period under than 7% than 8% than 9% than 10% th 420–454 455–489 490–524 525–559 560–594 20 595–629 18 20 630–664 17 19 21 665–699 15 17 19 21 700–734 14 16 18 20 22 735–769 14 16 18 20 22 770–804 15 17 19 21 23 805–839 15 17 19 21 23 840–874 16 18 20 22 24 875–909 16 18 20 22 24 910–944 17 19 21 23 25 945–979 17 19 21 23 25 980–1014 18 20 22 24 26 1015–1049 18 20 22 24 26 1050–1084 19 21 23 25 27 1085–1119 19 21 23 25 27 1120–1154 20 22 24 26 28 1155–1189 20 22 24 26 28 1190–1224 21 23 25 27 29 1225–1259 21 23 25 27 29 1260–1294 22 24 26 28 30 1295–1329 22 24 26 28 30 1330–1364 23 25 27 29 31 1365–1399 23 25 27 29 31 1400–1434 24 26 28 30 32 1435–1469 25 27 29 31 33 1470–1504 26 28 30 32 34 1505–1539 27 29 31 33 35 1540–1574 28 30 32 34 36 1575–1609 29 31 33 35 37 1610–1644 30 32 34 36 38 1645–1679 31 33 35 37 39 1680–1714 32 34 36 38 40 1715–1749 33 35 37 39 41 1750–1784 34 36 38 40 42 1785–1819 35 37 39 41 43 1820– 36 38 40 42 44
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Chapter 23: Budget Implementation Act, 2021, No. 1 SCHEDULE 2 (French)
ANNEXE 2 (paragraphe 329(2))
ANNEXE I (paragraphe 12(2))
Tableau des semaines de prestatio
Taux Nombre d’heures d’emploi assurable au cours de la période de référence 420–454 455–489 490–524 525–559 560–594 595–629 630–664 665–699 700–734 735–769 770–804 805–839 840–874 875–909 910–944 945–979 980–1014 1015–1049 1050–1084 1085–1119 1120–1154 1155–1189 1190–1224 1225–1259 1260–1294 1295–1329 1330–1364 1365–1399 1400–1434 1435–1469 1470–1504 1505–1539 1540–1574 1575–1609 1610–1644 1645–1679 1680–1714 1715–1749 1750–1784 1785–1819 1820–
2020-2021
6 % et moins
14 14 15 15 16 16 17 17 18 18 19 19 20 20 21 21 22 22 23 23 24 25 26 27 28 29 30 31 32 33 34 35 36
Plus de 6 % mais au plus 7%
15 16 16 17 17 18 18 19 19 20 20 21 21 22 22 23 23 24 24 25 25 26 27 28 29 30 31 32 33 34 35 36 37 38
Plus de 7 % mais au plus 8%
Plus de 8 % mais au plus 9%
17 17 18 18 19 19 20 20 21 21 22 22 23 23 24 24 25 25 26 26 27 27 28 29 30 31 32 33 34 35 36 37 38 39 40
18 19 19 20 20 21 21 22 22 23 23 24 24 25 25 26 26 27 27 28 28 29 29 30 31 32 33 34 35 36 37 38 39 40 41 42
Plus de P 9 % mais 10 au plus a 10 %
20 20 21 21 22 22 23 23 24 24 25 25 26 26 27 27 28 28 29 29 30 30 31 31 32 33 34 35 36 37 38 39 40 41 42 43 44
Chapter 23: Budget Implementation Act, 2021, No. 1 SCHEDULE 3
SCHEDULE 3 (Section 330)
SCHEDULE V (Subsection 12(2.3))
Table of Weeks of Benefits — Seas Regional Unemployment Rate Number of hours of insurable employment in 6% and qualifying period under
More than 6% but not more than 7%
More than 7% but not more than 8%
More than 8% but not more than 9%
More than 9% but not more than 10%
420–454
455–489
490–524
525–559
560–594
595–629
630–664
665–699
700–734
735–769
770–804
805–839
840–874
875–909
910–944
945–979
980–1014
1015–1049
1050–1084
1085–1119
1120–1154
1155–1189
1190–1224
1225–1259
1260–1294
1295–1329
1330–1364
1365–1399
1400–1434
1435–1469
1470–1504
1505–1539
1540–1574
1575–1609
1610–1644
1645–1679
1680–1714
1715–1749
1750–1784
1785–1819
1820–
2020-2021
Mor 10% mor 11%
Chapter 23: Budget Implementation Act, 2021, No. 1 SCHEDULE 3
ANNEXE V (paragraphe 12(2.3))
Tableau des semaines de prestatio Taux régional de chômage Nombre d’heures 6 % et d’emploi assurable moins au cours de la période de référence
Plus de 6 % Plus de 7 % Plus de 8 % Plus de 9 % Pl mais au mais au mais au mais au 10 plus 7 % plus 8 % plus 9 % plus 10 % au 11
420–454
455–489
490–524
525–559
560–594
595–629
630–664
665–699
700–734
735–769
770–804
805–839
840–874
875–909
910–944
945–979
980–1014
1015–1049
1050–1084
1085–1119
1120–1154
1155–1189
1190–1224
1225–1259
1260–1294
1295–1329
1330–1364
1365–1399
1400–1434
1435–1469
1470–1504
1505–1539
1540–1574
1575–1609
1610–1644
1645–1679
1680–1714
1715–1749
1750–1784
1785–1819
1820–
2020-2021
Chapter 23: Budget Implementation Act, 2021, No. 1 SCHEDULE 3
SCHEDULE VI (Paragraph 12(2.3)(b))
Regions for the Purpose of Benefits for Seasonal Workers Interpretation 1 The definitions in this section apply in this Schedule.
Census Agglomeration for the purposes of section 4 means a census agglomeration within the meaning of the Statistics Canada document entitled Standard Geographical Classification (SGC) 1996 and for the purposes of sections 5 and 7 means a census agglomeration within the meaning of the Statistics Canada document entitled Standard Geographical Classification (SGC) 2011. (agglomération de recensement) Census Division means a census division within the meaning of the Statistics Canada document entitled Standard Geographical Classification (SGC) 1996. (division de recensement) Census Metropolitan Area means a census metropolitan area within the meaning of the Statistics Canada document entitled Standard Geographical Classification (SGC) 1996. (région métropolitaine de recensement) Census Subdivision for the purposes of sections 4 and 6 means a census subdivision within the meaning of the Statistics Canada document entitled Standard Geographical Classification (SGC) 1996 and for the purposes of sections 5 and 7 means a census subdivision within the meaning of the Statistics Canada document entitled Standard Geographical Classification (SGC) 2011. (subdivision de recensement)
Regions Quebec 2 (1) The region of Gaspésie — Îles-de-la-Madeleine, consisting of Census Division Nos. 1 to 8 and 98. (2) The region of Central Quebec, consisting of (a) those portions of Census Division Nos. 21 and 22 that are not part of the Census Metropolitan Area of Quebec City; (b) those portions of Census Division Nos. 37 and 38 that are not part of the Census Metropolitan Area of Trois-Rivières;
2020-2021
Chapter 23: Budget Implementation Act, 2021, No. 1 SCHEDULE 3
(c) those portions of Census Division Nos. 41, 42, 44
and 45 that are not part of the Census Metropolitan Area of Sherbrooke;
(d) those portions of Census Division Nos. 52, 60, 75
and 76 that are not part of the Census Metropolitan Area of Montréal;
(e) the portion of Census Division No. 82 that is not
part of the Census Metropolitan Area of Ottawa — Hull; and
(f) Census Division Nos. 31 to 36, 39, 40, 48, 49, 50, 51, 53, 61, 62, 63, 77, 78, 80 and 90.
(3) The region of North Western Quebec, consisting of
Census Division Nos. 79, 83 to 89 and 99.
(4) The region of Lower Saint Lawrence and North Shore, consisting of (a) the portion of Census Division No. 94 that is not
part of the Census Metropolitan Area of Chicoutimi — Jonquière; and
(b) Census Division Nos. 9 to 18, 28, 91, 92, 93, 95, 96 and 97. (5) The region of Chicoutimi — Jonquière, consisting of
the Census Metropolitan Area of Chicoutimi — Jonquière.
Nova Scotia 3 (1) The region of Eastern Nova Scotia, consisting of (a) Census Division Nos. 13 to 18; and (b) the portion of Census Division No. 9 that is not
part of the Census Metropolitan Area of Halifax.
(2) The region of Western Nova Scotia, consisting of
Census Division Nos. 1 to 8, 10, 11 and 12.
New Brunswick 4 (1) The region of Madawaska — Charlotte, consisting
of
(a) the portion of Census Division No. 2 that is not
part of the Census Metropolitan Area of Saint John;
(b) Census Division Nos. 11, 12 and 13; and
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Chapter 23: Budget Implementation Act, 2021, No. 1 SCHEDULE 3
(c) Census
Subdivision Nos. 1310004, 1310005, 1310006, 1310007, 1310008, 1310011, 1310012, 1310013, 1310014, 1310016, 1310021, 1310024, 1310025 and 1310054.
(2) The region of Restigouche — Albert, consisting of (a) Census Division Nos. 8, 9, 14 and 15; (b) Census Subdivision Nos. 1303014 and 1303018; (c) the portion of Census Division No. 4 that is not
part of the Census Metropolitan Area of Saint John;
(d) the portion of Census Division No. 6 that is not
part of the Census Agglomeration of Moncton;
(e) Census
Subdivision Nos. 1307001, 1307002, 1307004, 1307005, 1307007, 1307008, 1307009, 1307011, 1307012, 1307013, 1307014, 1307016, 1307024, 1307029 and 1307052; and (f) Census Subdivision Nos. 1310036 and 1310037.
Prince Edward Island 5 (1) The region of Charlottetown, consisting of the Census Agglomeration of Charlottetown.
(2) The region of Prince Edward Island, consisting of all Census Subdivisions that are not part of the Census Agglomeration of Charlottetown.
Newfoundland/Labrador 6 The region of Newfoundland/Labrador, consisting of (a) Census Subdivision Nos. 01557 and 01559 and the portion of Census Division No. 1 that is not part of the Census Metropolitan Area of St. John’s; and (b) Census Division Nos. 2, 3, 4, 5, 6, 7, 8, 9 and 10.
Yukon 7 The region of Yukon, consisting of all Census Subdivisions that are not part of the Census Agglomeration of Whitehorse.
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Chapter 23: Budget Implementation Act, 2021, No. 1 SCHEDULE 4
SCHEDULE 4 (Section 358)
SCHEDULE (Paragraphs 8(2)(b) and (7)(b) and 12(5)(a))
Insurable Earnings Entrance Requirement for Fishers Column 1 Item 1 2 3 4 5 6 7 8 9
Regional Rate of Unemployment (%) over 13 more than 12 but not more than 13 more than 11 but not more than 12 more than 10 but not more than 11 more than 9 but not more than 10 more than 8 but not more than 9 more than 7 but not more than 8 more than 6 but not more than 7 6 and under
Column 2 Insurable Earnings ($) 2,500 2,700 2,900 3,200 3,400 3,600 3,800 4,000 4,200
Published under authority of the Speaker of the House of Commons 2020-2021
Disponible sur le site Web de la Chambre des comm
|
Second Session, Forty-third Parliament, 69-70 Elizabeth II, 2020-2021
STATUTES OF CANADA 2021
CHAPTER 12
An Act to amend the Canada Revenue Agency Act (organ and tissue donors)
ASSENTED TO JUNE 21, 2021 BILL C-210
SUMMARY This enactment amends the Canada Revenue Agency Act to authorize the Canada Revenue Agency to enter into an agreement with a province or a territory regarding the collection and disclosure of information required for establishing or maintaining an organ and tissue donor registry in the province or territory.
i
69-70 ELIZABETH II
CHAPTER 12
An Act to amend the Canada Revenue Agency Act (organ and tissue donors) [Assented to 21st June, 2021] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1999, c. 17; 2005, c. 38, s. 35
Canada Revenue Agency Act 1 The Canada Revenue Agency Act is amended
by adding the following after section 63:
Agreements — organ donors 63.1 (1) The Agency may enter into an agreement with a
provincial or territorial government to collect — using the returns of income filed under paragraph 150(1)(d) of the Income Tax Act — any information that the province or territory requires for the purpose of establishing or maintaining an organ and tissue donor registry in the province or territory. Disclosure (2) The Agency may disclose to the province or territory in which an individual resides the information collected in accordance with the agreement if, in their return of income, that individual authorized the Agency to provide the information to that province or territory.
Published under authority of the Speaker of the House of Commons 2020-2021
Disponible sur le site Web de la Chambre des comm
|
Second Session, Forty-third Parliament, 69-70 Elizabeth II, 2020-2021
STATUTES OF CANADA 2021
CHAPTER 7
An Act to implement certain provisions of the economic statement tabled in Parliament on November 30, 2020 and other measures
ASSENTED TO MAY 6, 2021 BILL C-14
RECOMMENDATION Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act to implement certain provisions of the economic statement tabled in Parliament on November 30, 2020 and other measures”.
SUMMARY Part 1 amends the Income Tax Act to provide additional support to families with young children as the coronavirus disease 2019 (COVID-19) pandemic progresses. It also amends the Children’s Special Allowances Act to provide a similar benefit in respect of young children under that Act. As part of the Government’s response to COVID-19, it amends the Income Tax Act to provide that an expense can qualify as a qualifying rent expense for the purposes of the Canada Emergency Rent Subsidy (CERS) when it becomes due rather than when it is paid, provided certain conditions are met.
Part 2 amends the Canada Student Loans Act to provide that, during the period that begins on April 1, 2021 and ends on March 31, 2022, no interest is payable by a borrower on a guaranteed student loan and no amount on account of interest is required to be paid by the borrower. Part 3 amends the Canada Student Financial Assistance Act to provide that, during the period that begins on April 1, 2021 and ends on March 31, 2022, no interest is payable by a borrower on a student loan and no amount on account of interest is required to be paid by the borrower. Part 4 amends the Apprentice Loans Act to provide that, during the period that begins on April 1, 2021 and ends on March 31, 2022, no interest is payable by a borrower on an apprentice loan and no amount on account of interest is required to be paid by a borrower. Part 5 amends the Food and Drugs Act to authorize the Governor in Council to make regulations (a) requiring persons to provide information to the Minister of Health; and (b) preventing shortages of therapeutic products in Canada or alleviating those shortages or their effects, in order to protect human health. It also amends that Act to provide that any prescribed provisions of regulations made under that Act apply to food, drugs, cosmetics and devices intended for export that would otherwise be exempt from the application of that Act.
i
Chapter 7: Economic Statement Implementation Act, 2020 SUMMARY
Part 6 authorizes payments to be made out of the Consolidated Revenue Fund (a) to the Government of Canada’s regional development agencies for the Regional Relief and Recovery Fund; (b) in respect of specified initiatives related to health; and (c) for the purpose of making income support payments under section 4 of the Canada Emergency Response Benefit Act. Part 7 amends the Borrowing Authority Act to, among other things, increase the maximum amount of certain borrowings and include certain borrowings that were previously excluded in the calculation of that amount. It also makes a related amendment to the Financial Administration Act.
2020-2021
ii
TABLE OF PROVISIONS An Act to implement certain provisions of the economic statement tabled in Parliament on November 30, 2020 and other measures
Short Title 1
Economic Statement Implementation Act, 2020
PART 1
Income Tax Act 2
PART 2
Canada Student Loans Act 6
PART 3
Canada Student Financial Assistance Act 7
PART 4
Apprentice Loans Act 8
PART 5
Food and Drugs Act 9
PART 6
Payments 12
PART 7
Borrowing Authority Act 15
SCHEDULE
2020-2021
v
69-70 ELIZABETH II
CHAPTER 7
An Act to implement certain provisions of the economic statement tabled in Parliament on November 30, 2020 and other measures [Assented to 6th May, 2021] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Short Title Short title 1 This Act may be cited as the Economic Statement Implementation Act, 2020.
PART 1 R.S., c. 1 (5th Supp.)
Income Tax Act Amendments to the Act 2 Section 122.61 of the Income Tax Act is amended by adding the following after subsection (1.1):
Deemed overpayment — COVID-19 (1.2) If the Minister determines before 2024 that an
overpayment (for greater certainty, in an amount greater than nil) on account of a person’s liability under this Part for a taxation year is deemed to have arisen during a month under subsection (1), or would be so deemed if this section were read without reference to subsection (2), then an overpayment on account of the person’s liability under this Part for the year is deemed to have arisen during the month, equal to the total of all amounts each of which is an amount in respect of a qualified dependant — in respect of whom the person was an eligible individual at the beginning of the month who has not reached the age of six years at the beginning of the month — determined by the formula
2020-2021
Chapter 7: Economic Statement Implementation Act, 2020 PART 1 Income Tax Act Amendments to the Act Sections 2-3
A×B
where A
is (a) 0.5, if the person is a shared-custody parent in respect of the qualified dependant, and (b) 1, in any other case; and
B
is (a) if the month is January 2021 or April 2021, (i) $300, if the person’s adjusted income for 2019 is less than or equal to $120,000, and (ii) $150 in any other case, (b) if the month is July 2021 or October 2021, (i) $300, if the person’s adjusted income for 2020 is less than or equal to $120,000, and (ii) $150 in any other case, and (c) in any other case, nil.
3 (1) Paragraph 122.62(5)(b) of the Act is replaced by the following: (b) subject to subsection (8), for the purpose of determining the amount deemed under subsection 122.61(1) or (1.2) to be an overpayment arising in that first month and any subsequent month on account of the eligible individual’s liability under this Part for the base taxation year in relation to that first month, the eligible individual’s adjusted income for the year is deemed to be equal to the eligible individual’s income for the year. (2) Paragraph 122.62(6)(b) of the Act is replaced by the following: (b) subject to subsection (8), for the purpose of determining the amount deemed under subsection 122.61(1) or (1.2) to be an overpayment arising in that first month and any subsequent month on account of the eligible individual’s liability under this Part for the base taxation year in relation to that first month, the eligible individual’s adjusted income for the year is deemed to be equal to the eligible individual’s income for the year. (3) Paragraph 122.62(7)(b) of the Act is replaced
by the following:
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Chapter 7: Economic Statement Implementation Act, 2020 PART 1 Income Tax Act Amendments to the Act Sections 3-5
(b) subject to subsection (8), for the purpose of determining the amount deemed under subsection 122.61(1) or (1.2) to be an overpayment arising in that first month and any subsequent month on account of the eligible individual’s liability under this Part for the base taxation year in relation to that first month, the taxpayer is deemed to have been the eligible individual’s cohabiting spouse or common-law partner at the end of the base taxation year in relation to that month. 4 (1) Section 125.7 of the Act is amended by adding the following after subsection (11):
Deeming rule — qualifying rent expense (12) For the purposes of the definition qualifying rent expense in subsection (1), an amount is deemed to have been paid by an eligible entity on the date it first became due under an agreement, and not at a later date, if the individual referred to in paragraph (b) of the definition qualifying renter in subsection (1) attests that the eligible entity intends to pay the amount due under the agreement no later than 60 days after the day on which the Minister makes the first refund under subsection 164(1.6) in respect of the amount deemed to have been paid (referred to in subsection (13) as the “payment deadline”).
Deeming rule — qualifying rent expense (13) Subsection (12) is deemed not to have produced its effect if the amount due referred to in subsection (12) is not actually paid on or before the payment deadline. (2) Subsection (1) is deemed to have come into force on September 27, 2020. 1992, c. 48, Sch.
Related Amendment to the Children’s Special Allowances Act 5 Section 8 of the Children’s Special Allowances Act is amended by adding the following after subsection (1):
Calculation of amount — COVID-19 (1.1) The amount of special allowance to be paid in respect of a child for a month, in addition to the amount determined under subsection (1), is $300, if (a) the child has not reached the age of six years at the beginning of the month; and (b) the month is
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Chapter 7: Economic Statement Implementation Act, 2020 PART 1 Income Tax Act Related Amendment to the Children’s Special Allowances Act Sections 5-7
(i) January 2021, (ii) April 2021, (iii) July 2021, or (iv) October 2021.
PART 2 R.S., c. S-23
Canada Student Loans Act 6 The Canada Student Loans Act is amended by adding the following after section 11.2:
Period — April 1, 2021 to March 31, 2022 Suspension of interest and interest payments 11.3 During the period that begins on April 1, 2021 and
ends on March 31, 2022, (a) no interest is payable by a borrower on a guaranteed student loan; and (b) no amount on account of interest in respect of a guaranteed student loan is required to be paid by the borrower.
PART 3 1994, c. 28
Canada Student Financial Assistance Act 7 The Canada Student Financial Assistance Act is amended by adding the following after section 9.3:
Period — April 1, 2021 to March 31, 2022 Suspension of interest and interest payments 9.4 During the period that begins on April 1, 2021 and
ends on March 31, 2022,
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Chapter 7: Economic Statement Implementation Act, 2020 PART 3 Canada Student Financial Assistance Act Sections 7-9
(a) no interest is payable by a borrower on a student
loan prescribed by regulations made under paragraph 15(1)(j); and (b) no amount on account of interest in respect of a
student loan prescribed by regulations made under paragraph 15(1)(j) is required to be paid by the borrower.
PART 4 2014, c. 20, s. 483
Apprentice Loans Act 8 The Apprentice Loans Act is amended by adding the following after section 8.1:
Period — April 1, 2021 to March 31, 2022 Suspension of interest and interest payments 8.2 During the period that begins on April 1, 2021 and
ends on March 31, 2022, (a) no interest is payable by a borrower on an apprentice loan; and (b) no amount on account of interest in respect of an
apprentice loan is required to be paid by a borrower.
PART 5 R.S., c. F-27
Food and Drugs Act Amendments to the Act 9 (1) Subsection 30(1) of the Food and Drugs Act
is amended by adding the following after paragraph (k.1): (k.2) requiring persons to provide information to the
Minister in respect of food, drugs, cosmetics or devices — or in respect of activities related to food, drugs, cosmetics or devices — in circumstances other than those provided for in this Act and authorizing the Minister to determine the information to be provided and the time and manner in which it is to be provided;
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Chapter 7: Economic Statement Implementation Act, 2020 PART 5 Food and Drugs Act Amendments to the Act Sections 9-12
(2) Section 30 of the Act is amended by adding the
following after subsection (1.3):
Regulations — preventing or alleviating shortages (1.4) Without limiting the power conferred by any other subsection of this section, the Governor in Council may make any regulations that the Governor in Council considers necessary for the purpose of preventing shortages of therapeutic products in Canada or alleviating those shortages or their effects, in order to protect human health. 10 Subsection 37(1.2) of the Act is replaced by the
following: Exception — regulations (1.2) Despite subsection (1), any prescribed provision of
the regulations applies to any food, drug, cosmetic or device.
Coming into Force October 2, 2020 11 Section 9 is deemed to have come into force on October 2, 2020.
PART 6
Payments Payment — requisition of Minister of Economic Development and Official Languages 12 (1) There may be paid out of the Consolidated
Revenue Fund for the fiscal year ending on March 31, 2021, on the requisition of the Minister of Economic Development and Official Languages, a sum not exceeding $206,700,000 to the regional development agencies for the Regional Relief and Recovery Fund. Definition of regional development agencies (2) For the purpose of subsection (1), regional development agencies means (a) the Department of Western Economic Diversification; (b) the Atlantic Canada Opportunities Agency; (c) the Canadian Northern Economic Development Agency;
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Chapter 7: Economic Statement Implementation Act, 2020 PART 6 Payments Sections 12-14
(d) the
Economic Development Agency Canada for the Regions of Quebec;
of
(e) the Federal Economic Development Agency
for Southern Ontario; and (f) the Federal Economic Development Initiative for Northern Ontario.
Payments — requisition of Minister of Health 13 (1) Subject to subsection (2), there may be
paid out of the Consolidated Revenue Fund for the fiscal year ending on March 31, 2021, on the requisition of the Minister of Health, all money required to do anything in relation to the initiatives specified in the schedule. Limit (2) The total of all payments made under subsection (1), in respect of an initiative specified in column 1 of the schedule, must not exceed the limit specified for that initiative in column 2 of the schedule. Payment — requisition of Minister of Employment and Social Development 14 (1) There may be paid out of the Consolidated
Revenue Fund until March 31, 2021, on the requisition of the Minister of Employment and Social Development, a sum not exceeding $500,000,000 for the purpose of making income support payments under section 4 of the Canada Emergency Response Benefit Act. For greater certainty (2) For greater certainty, the payments that may
be made out of the Consolidated Revenue Fund under subsection (1) must not include the costs of administering or enforcing the Canada Emergency Response Benefit Act.
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Chapter 7: Economic Statement Implementation Act, 2020 PART 7 Borrowing Authority Act Sections 15-19
PART 7 2017, c. 20, s. 103
Borrowing Authority Act Amendments to the Act 15 The portion of section 4 of the Borrowing Authority Act before paragraph (a) is replaced by the following:
Maximum amount that may be borrowed 4 Despite section 3 and any other Act of Parliament, but
subject to section 6, the total of the following amounts must not at any time exceed $1,831,000,000,000: 16 Section 5 of the Act is amended by adding
“and” at the end of paragraph (a) and by replacing paragraphs (b) to (d) with the following: (b) amounts borrowed by the Minister under an order
made under paragraph 46.1(a) of that Act for the payment of any amount in respect of a debt that was originally incurred under an order made under paragraph 46.1(c) of that Act. 17 Section 6 of the Act is replaced by the following:
Exception — maximum amount exceeded 6 The Minister may borrow an amount under an order
made under paragraph 46.1(a) or (b) of the Financial Administration Act even if that borrowing causes the maximum amount referred to in section 4 of this Act to be exceeded. 18 Subsection 8(1) of the Act is amended by adding “and” at the end of paragraph (b) and by repealing paragraph (b.1). R.S., c. F-11
Related Amendment to the Financial Administration Act 19 Subsection 49(1) of the Financial Administration Act is amended by adding “and” at the end of paragraph (a.1) and by repealing paragraph (a.2).
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Chapter 7: Economic Statement Implementation Act, 2020 SCHEDULE
SCHEDULE (Section 13)
Payment Limits Column 1 Item
Initiatives
Mental health and substance use in the contex
Investments in long-term care
Supporting innovative approaches to COVID-1
Virtual care and mental health tools for Canad
Medical research, countermeasures, vaccine fu travel measures and isolation sites
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Chapter 7: Economic Statement Implementation Act, 2020 SCHEDULE (French)
ANNEXE (article 13)
Plafond pour les sommes payées Colonne 1
Article
Initiative
Santé mentale et consommation de substance
Investissements dans les soins de longue duré
Soutien aux approches novatrices de dépistag
Outils de soins et de santé mentale virtuels po
Recherche médicale, contre-mesures, financem mesures relatives aux voyages et aux frontière
Published under authority of the Speaker of the House of Commons 2020-2021
Disponible sur le site Web de la Chambre des comm
|
Second Session, Forty-third Parliament, 69-70 Elizabeth II, 2020-2021
STATUTES OF CANADA 2021
CHAPTER 6
An Act to provide for the resumption and continuation of operations at the Port of Montreal
ASSENTED TO APRIL 30, 2021 BILL C-29
SUMMARY This enactment provides for the resumption and continuation of operations at the Port of Montreal and imposes mediation as the process for resolving matters remaining in dispute between the parties. It empowers the mediator-arbitrator to impose arbitration as the process for resolving matters that cannot be resolved through mediation. Finally, it sets out the elements that are to be included in the new collective agreement between the parties.
i
TABLE OF PROVISIONS An Act to provide for the resumption and continuation of operations at the Port of Montreal Preamble
Short Title 1
Port of Montreal Operations Act, 2021
Interpretation 2
Definitions
Port of Montreal Operations 3
Resumption or continuation of operations
Prohibitions
Obligations
Extension of Collective Agreement 6
Extension
Strikes and lockouts prohibited
Mediator-Arbitrator 8
Lists of candidates
Referral of matters in dispute
Powers and duties of mediator-arbitrator
Duties of mediator-arbitrator
New collective agreements not precluded
Remuneration and costs
New mediator-arbitrator
New Collective Agreement 15
New collective agreement
Enforcement 16
Individuals
Coming into Force 17
2020-2021
00:00:01 on day after royal assent
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69-70 ELIZABETH II
CHAPTER 6
An Act to provide for the resumption and continuation of operations at the Port of Montreal [Assented to 30th April, 2021]
Preamble Whereas the Maritime Employers Association and the Syndicat des débardeurs – Canadian Union of Public Employees Local 375 were parties to a collective agreement that expired on December 31, 2018;
Whereas the parties have engaged, since September 4, 2018, in collective bargaining to reach a new collective agreement; Whereas the Minister of Labour recognizes the importance of effective collective bargaining practices and the need for stable industrial relations for workers, unions and employers at the Port of Montreal; And whereas, having regard to the negative impacts of a work stoppage at the Port of Montreal, the public interest requires an exceptional solution to address the matters in dispute so that a new collective agreement may be concluded;
Now therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Short Title Short title 1 This Act may be cited as the Port of Montreal Operations Act, 2021.
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Chapter 6: Port of Montreal Operations Act, 2021 Interpretation Sections 2-4
Interpretation Definitions 2 (1) The following definitions apply in this Act.
collective agreement means the collective agreement between the employers’ association and the union that expired on December 31, 2018. (convention collective) employee means a person who is employed by an employer and bound by the collective agreement. (employé) employer means the employers’ association or any of its members. (employeur) employers’ association means the Maritime Employers Association. (association patronale) mediator-arbitrator means the mediator-arbitrator appointed under subsection 8(2). (médiateur-arbitre) Minister means the Minister of Labour. (ministre) union means the Syndicat des débardeurs — Canadian Union of Public Employees Local 375. (syndicat)
Words and expressions (2) Unless otherwise provided, words and expressions used in this Act have the same meaning as in Part I of the Canada Labour Code.
Presumption (3) For the purposes of this Act, the union is deemed to
be a person.
Port of Montreal Operations Resumption or continuation of operations 3 On the coming into force of this Act, (a) every employer must resume without delay or continue, as the case may be, operations at the Port of Montreal; and (b) every employee must, when so required, resume without delay or continue, as the case may be, the duties of their employment.
Prohibitions 4 It is prohibited for an employer and for any of its officers and representatives to
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Chapter 6: Port of Montreal Operations Act, 2021 Port of Montreal Operations Sections 4-7
(a) in any manner impede any employee from complying with paragraph 3(b); or (b) discharge or in any other manner discipline, or authorize or direct the discharge or discipline of, any employee by reason of the employee having participated in a strike before the coming into force of this Act.
Obligations 5 The union and each of its officers and representatives must (a) without delay on the coming into force of this Act,
give notice to the employees that, by reason of that coming into force, operations at the Port of Montreal are to be resumed or continued, as the case may be, and that the employees, when so required, are to resume without delay or continue the duties of their employment; (b) take all reasonable steps to ensure that employees
comply with paragraph 3(b); and (c) comply with any order and request made under
the collective agreement for the dispatch of employees to perform operations at the Port of Montreal.
Extension of Collective Agreement Extension 6 (1) The term of the collective agreement is extended to
include the period beginning on January 1, 2019 and ending immediately before a new collective agreement between the parties comes into effect. Collective agreement binding for extended term (2) The collective agreement, as extended by subsection
(1), is effective and binding on the parties to it for the period for which it is extended, despite anything in the collective agreement or in Part I of the Canada Labour Code. However, that Part applies in respect of the collective agreement, as extended, as if that period were the term of the collective agreement. Strikes and lockouts prohibited 7 Until the collective agreement, as extended by subsection 6(1), expires, it is prohibited (a) for any employer and for any of its officers and
representatives to declare or cause a lockout against the union;
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Chapter 6: Port of Montreal Operations Act, 2021 Extension of Collective Agreement Sections 7-11
(b) for the union and for any of its officers and representatives to declare or authorize a strike against any employer; and (c) for any employee to participate in a strike against
any employer.
Mediator-Arbitrator Lists of candidates 8 (1) The employers’ association and the union may, within 48 hours after the coming into force of this Act, each provide to the Minister a list of the names of up to three individuals that the employers’ association or the union, as the case may be, considers qualified to act as mediator-arbitrator.
Appointment of mediator-arbitrator (2) If the two lists have only one name in common, the
Minister must appoint that individual as the mediatorarbitrator, and if they have more than one name in common, the Minister must appoint one of those individuals. However, if the Minister does not receive both lists within the period referred to in subsection (1), or if the lists that are received within that period have no names in common, the Minister must appoint an individual of the Minister’s choice as the mediator-arbitrator. Referral of matters in dispute 9 All matters relating to the amendment or revision of
the collective agreement that are, at the time of the appointment, in dispute between the parties are deemed to be referred to the mediator-arbitrator. Powers and duties of mediator-arbitrator 10 The mediator-arbitrator has, with any modifications
that the circumstances require, all the powers and duties referred to in paragraphs 60(1)(a) and (a.2) to (a.4) and sections 61 and 84 of the Canada Labour Code. Duties of mediator-arbitrator 11 (1) Within 90 days after the day on which the mediator-arbitrator is appointed or any longer period that the Minister may allow, the mediator-arbitrator must (a) endeavour to mediate all the matters that are
deemed to be referred to the mediator-arbitrator relating to the amendment or revision of the collective agreement and to bring about an agreement between the parties on those matters; (b) if the mediator-arbitrator is unable to bring about
an agreement between the parties in respect of any such matter, hear the parties on the matter, arbitrate
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Chapter 6: Port of Montreal Operations Act, 2021 Mediator-Arbitrator Sections 11-14
the matter and render a decision in respect of the matter; and (c) report to the Minister on the resolution of each of
the matters that are deemed to be referred to the mediator-arbitrator and provide the parties with a copy of the report. Mediation period (2) Despite subsection (1), the mediator-arbitrator has a
period of not more than 14 days after the day on which they are appointed to endeavour to mediate the matters referred to in paragraph (1)(a) and to bring about an agreement between the parties. That period may be extended for an additional period of not more than seven days if the parties agree. Contractual language — decision (3) Every decision of the mediator-arbitrator under paragraph (1)(b) must be worded in appropriate contractual language so as to allow its incorporation into a new collective agreement. New collective agreements not precluded 12 Nothing in this Act precludes the parties to the collective agreement from entering into a new collective agreement at any time before the mediator-arbitrator reports to the Minister under paragraph 11(1)(c) and, if the parties do so, the mediator-arbitrator’s duties under this Act respecting the collective agreement cease on the day on which the new collective agreement is entered into and section 15 does not apply in respect of the new collective agreement. Remuneration and costs 13 The payment of the remuneration of the mediator-arbitrator and the reimbursement of all costs incurred by the mediator-arbitrator in the exercise of their powers and the performance of their duties under this Act are the responsibility, in equal parts, of the employers’ association and the union, and the amounts owed are debts due to the mediator-arbitrator and may be recovered as such from the employers’ association or the union, as the case may be, in any court of competent jurisdiction.
New mediator-arbitrator 14 In the event of the death, incapacity or resignation of the mediator-arbitrator, the Minister must notify the employers’ association and the union that a new mediatorarbitrator is to be appointed and the following rules apply:
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Chapter 6: Port of Montreal Operations Act, 2021 Mediator-Arbitrator Sections 14-15
(a) section 8 applies, except that the words in subsection 8(1) “within 48 hours after the coming into force of this Act” are to be read as “within two days after the day on which the employers’ association and the union are notified by the Minister that a new mediator-arbitrator is to be appointed”; and (b) the other provisions of this Act apply in respect of
the new mediator-arbitrator as though they were the first mediator-arbitrator except that any period in this Act that applied in respect of the first mediator-arbitrator continues to apply in respect of the new mediator-arbitrator.
New Collective Agreement New collective agreement 15 (1) Despite anything in Part I of the Canada Labour Code, but subject to subsection (3), beginning on the day after the day on which the mediator-arbitrator reports to the Minister under paragraph 11(1)(c) in respect of the matters that are deemed to be referred to the mediatorarbitrator relating to the amendment or revision of the collective agreement (in this subsection referred to as the “former collective agreement”), a new collective agreement consisting of the following is effective and binding on the parties: (a) every agreement entered into by the parties, before the appointment of the mediator-arbitrator, in relation to the amendment or revision of the former collective agreement; (b) every agreement entered into by the parties, after the appointment of the mediator-arbitrator, in relation to the matters that are deemed to be referred to the mediator-arbitrator relating to the amendment or revision of the former collective agreement; (c) every decision rendered and every final offer selected by the mediator-arbitrator under subsection 11(1) in relation to the matters referred to in paragraph (b); and (d) subject to subsection (2), every provision of the former collective agreement that was not the subject of any agreement referred to in paragraph (a) or (b) or decision or final offer referred to in paragraph (c).
Power to alter provisions (2) The mediator-arbitrator may alter the wording of any
provision referred to in paragraph (1)(d) to take into account any agreement referred to in paragraph (1)(a) or (b) or decision or final offer referred to in paragraph (1)(c).
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Chapter 6: Port of Montreal Operations Act, 2021 New Collective Agreement Sections 15-16
Application (3) Part I of the Canada Labour Code applies in respect
of the new collective agreement as if it had been entered into under that Part. Coming into effect of provisions (4) The new collective agreement may provide that any
of its provisions are effective and binding as of a day that is before or after the day on which the new collective agreement becomes effective and binding. Amendments (5) Nothing in this Act is to be construed so as to limit or restrict the right of the parties to the new collective agreement to amend any of its provisions and to give effect to the amendment.
Enforcement Individuals 16 (1) An individual who contravenes any provision of
this Act is guilty of an offence punishable on summary conviction and is liable, for each day or part of a day during which the offence continues, to a fine of not more than (a) $50,000, if the individual was acting in the capacity
of an officer or representative of an employer or of the union when the offence was committed; or (b) $1,000, in any other case.
Employer or union (2) If an employer or the union contravenes any provision of this Act, it is guilty of an offence punishable on summary conviction and is liable, for each day or part of a day during which the offence continues, to a fine of not more than $100,000.
No imprisonment (3) Despite subsection 787(2) of the Criminal Code, no
term of imprisonment is to be imposed in default of payment of a fine that is imposed under subsection (1) or (2). Recovery of fines (4) If a person is convicted of an offence under subsection (1) or (2) and the fine that is imposed is not paid when required, the prosecutor may, by filing the conviction, enter as a judgment the amount of the fine and
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Chapter 6: Port of Montreal Operations Act, 2021 Enforcement Sections 16-17
costs, if any, in a superior court of the province in which the trial was held, and the judgment is enforceable against the person in the same manner as if it were a judgment rendered against the person in that court in civil proceedings.
Coming into Force 00:00:01 on day after royal assent 17 This Act comes into force at 00:00:01 Eastern Daylight Saving Time on the day after the day on which it receives royal assent.
Published under authority of the Speaker of the House of Commons 2020-2021
Disponible sur le site Web de la Chambre des comm
|
Second Session, Forty-third Parliament, 69-70 Elizabeth II, 2020-2021
STATUTES OF CANADA 2021
CHAPTER 13
An Act to amend the Citizenship Act (Truth and Reconciliation Commission of Canada’s call to action number 94)
ASSENTED TO JUNE 21, 2021 BILL C-8
SUMMARY This enactment amends the Citizenship Act to include, in the Oath or Affirmation of Citizenship, a solemn promise to respect the Aboriginal and treaty rights of First Nations, Inuit and Métis peoples, in order to respond to the Truth and Reconciliation Commission of Canada’s call to action number 94.
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69-70 ELIZABETH II
CHAPTER 13
An Act to amend the Citizenship Act (Truth and Reconciliation Commission of Canada’s call to action number 94) [Assented to 21st June, 2021]
Preamble Whereas the Constitution Act, 1982 recognizes and affirms the Aboriginal and treaty rights of First Nations, Inuit and Métis peoples;
And whereas the Government of Canada is committed to responding to the Truth and Reconciliation Commission of Canada’s call to action number 94;
Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: R.S., c. C-29
Citizenship Act 1 The schedule to the Citizenship Act is replaced
by the schedule set out in the schedule to this Act.
Coming into Force Day after royal assent 2 This Act comes into force on the day after the day on which it receives royal assent.
2020-2021
Chapter 13: An Act to amend the Citizenship Act (Truth and Reconciliation Commission of Canada’s call to action number 94) SCHEDULE
SCHEDULE (Section 1)
SCHEDULE (Section 24)
Oath or Affirmation of Citizenship I swear (or affirm) that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Queen of Canada, Her Heirs and Successors, and that I will faithfully observe the laws of Canada, including the Constitution, which recognizes and affirms the Aboriginal and treaty rights of First Nations, Inuit and Métis peoples, and fulfil my duties as a Canadian citizen.
Published under authority of the Speaker of the House of Commons 2020-2021
Disponible sur le site Web de la Chambre des comm
|
Second Session, Forty-third Parliament, 69-70 Elizabeth II, 2020-2021
STATUTES OF CANADA 2021
CHAPTER 11
An Act to amend the Bills of Exchange Act, the Interpretation Act and the Canada Labour Code (National Day for Truth and Reconciliation)
ASSENTED TO JUNE 3, 2021 BILL C-5
SUMMARY This enactment amends certain Acts to add a new holiday, namely, National Day for Truth and Reconciliation, which is observed on September 30.
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69-70 ELIZABETH II
CHAPTER 11
An Act to amend the Bills of Exchange Act, the Interpretation Act and the Canada Labour Code (National Day for Truth and Reconciliation) [Assented to 3rd June, 2021] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Purpose of this Act Purpose 1 The purpose of this Act is to respond to the Truth and
Reconciliation Commission of Canada’s call to action number 80 by creating a holiday called the National Day for Truth and Reconciliation, which seeks to honour First Nations, Inuit and Métis Survivors and their families and communities and to ensure that public commemoration of their history and the legacy of residential schools remains a vital component of the reconciliation process.
R.S., c. B-4
Bills of Exchange Act 2 Subparagraph 42(a)(i) of the Bills of Exchange
Act is replaced by the following: (i) Sundays, New Year’s Day, Good Friday, Victoria Day, Canada Day, Labour Day, National Day for Truth and Reconciliation, which is observed on September 30, Remembrance Day and Christmas Day, R.S., c. I-21
Interpretation Act 3 The portion of the definition holiday in subsection 35(1) of the Interpretation Act before paragraph (a) is replaced by the following:
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Chapter 11: An Act to amend the Bills of Exchange Act, the Interpretation Act and the Canada Labour Code (National Day for Truth and Reconciliation) Interpretation Act Sections 3-6
holiday means any of the following days, namely, Sunday; New Year’s Day; Good Friday; Easter Monday; Christmas Day; the birthday or the day fixed by proclamation for the celebration of the birthday of the reigning Sovereign; Victoria Day; Canada Day; the first Monday in September, designated Labour Day; National Day for Truth and Reconciliation, which is observed on September 30; Remembrance Day; any day appointed by proclamation to be observed as a day of general prayer or mourning or day of public rejoicing or thanksgiving; and any of the following additional days, namely, R.S., c. L-2
Canada Labour Code 4 The definition general holiday in section 166 of
the Canada Labour Code is replaced by the following: general holiday means New Year’s Day, Good Friday, Victoria Day, Canada Day, Labour Day, National Day for Truth and Reconciliation, which is observed on September 30, Thanksgiving Day, Remembrance Day, Christmas Day and Boxing Day and includes any day substituted for any such holiday under section 195; (jours fériés)
5 Subsection 193(2) of the Act is replaced by the following:
Alternative day for holiday falling on non-working Saturday or Sunday (2) Except as otherwise provided by this Division, when New Year’s Day, Canada Day, National Day for Truth and Reconciliation, Remembrance Day, Christmas Day or Boxing Day falls on a Sunday or Saturday that is a nonworking day, the employee is entitled to and shall be granted a holiday with pay on the working day immediately preceding or following the general holiday.
Coming into Force Two months after royal assent 6 This Act comes into force on the day that, in
the second month after the month in which it receives royal assent, has the same calendar number as the day on which it receives royal assent or, if that second month has no day with that number, the last day of that second month.
Published under authority of the Speaker of the House of Commons 2020-2021
Disponible sur le site Web de la Chambre des comm
|
Second Session, Forty-third Parliament, 69-70 Elizabeth II, 2020-2021
STATUTES OF CANADA 2021
CHAPTER 4
An Act for granting to Her Majesty certain sums of money for the federal public administration for the fiscal year ending March 31, 2021
ASSENTED TO MARCH 30, 2021 BILL C-26
SUMMARY This enactment grants the sum of $13,365,393,906 towards defraying charges and expenses of the federal public administration for the fiscal year ending March 31, 2021 that are not otherwise provided for.
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69-70 ELIZABETH II
CHAPTER 4
An Act for granting to Her Majesty certain sums of money for the federal public administration for the fiscal year ending March 31, 2021 [Assented to 30th March, 2021] MOST GRACIOUS SOVEREIGN, Preamble Whereas it appears by message from His Excellency the Right Honourable Richard Wagner, P.C., Adminis‐ trator of the Government of Canada, and the Estimates accompanying that message, that the sums mentioned below are required to defray certain expenses of the federal public administration, not otherwise provided for, for the fiscal year ending March 31, 2021, and for other purposes connected with the federal public administration;
May it therefore please Your Majesty, that it may be enacted, and be it enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, that: Short title 1 This Act may be cited as the Appropriation Act No. 6, 2020–21.
$13,365,393,906 granted for 2020–21 2 There may be paid out of the Consolidated Revenue Fund a sum not exceeding in the aggregate $13,365,393,906 towards defraying the various charges and expenses of the federal public administration for the fiscal year ending March 31, 2021, not otherwise provided for, which is the total of the amounts of the items set out in the Supplementary Estimates (C) for that fiscal year as set out in Schedules 1 and 2.
2020-2021
Chapter 4: Appropriation Act No. 6, 2020–21 Sections 3-6
Transfers of appropriations 3 The transfers of appropriations set out in the Estimates referred to in section 2 are deemed to have been authorized on April 1, 2020. Purpose of each item 4 (1) The amount authorized by this Act to be paid in respect of an item may be paid only for the purposes, and subject to any terms and conditions, specified in the item. Effective date (2) The provisions of each item set out in Schedules 1
and 2 are deemed to have effect as of April 1, 2020. Adjustments in accounts of Canada — Schedule 1 5 An appropriation that is granted by this Act or any other Act and referred to in Schedule 1 may be charged after the end of the fiscal year for which the appropriation is granted at any time before the day on which the Public Accounts for that fiscal year are tabled in Parliament, for the purpose of making adjustments in the accounts of Canada for that fiscal year that do not require payments out of the Consolidated Revenue Fund.
Adjustments in accounts of Canada — Schedule 2 6 (1) An appropriation that is granted by this Act or any other Act and referred to in Schedule 2 may be charged after the end of the fiscal year following the fiscal year for which the appropriation is granted at any time before the day on which the Public Accounts for that second fiscal year are tabled in Parliament, for the purpose of making adjustments in the accounts of Canada for that second fiscal year that do not require payments out of the Consolidated Revenue Fund.
Order of payment (2) Despite any other provision of this Act, amounts appropriated by this Act and set out in Schedule 2 may be paid and applied at any time on or before March 31, 2022, so long as every payment is charged first against the relevant amount appropriated under any Act that is earliest in time until that amount is exhausted, next against the relevant amount appropriated under any other Act, including this Act, that is next in time until that amount is exhausted and so on. The balance of amounts so appropriated by this Act that have not been charged, subject to the adjustments referred to in section 37 of the Financial Administration Act, lapse at the end of the fiscal year following the fiscal year ending March 31, 2021.
2020-2021
Chapter 4: Appropriation Act No. 6, 2020–21 SCHEDULE 1
SCHEDULE 1
Based on the Supplementary Estimates (C), 2020–21, the amoun the items set out in this Schedule.
Sums granted to Her Majesty by this Act for the fiscal year ending Vote No.
Items
ATLANTIC CANADA OPPORTUNITIES AGENCY Agence de promotion économique du Canada atlantiqu 1c
– Operating expenditures
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 5c
– The grants listed in any of the Estimates for the fiscal ye – Contributions CANADA MORTGAGE AND HOUSING CORPORATION Société canadienne d’hypothèques et de logement
1c
– Payments to reimburse the Corporation for the amount grants, contributions and expenditures made, and losse curred, (a) under the National Housing Act; or
(b) in the course of the exercise of powers or the car functions conferred on the Corporation under any o accordance with the Corporation’s authority under t Housing Corporation Act CANADIAN FOOD INSPECTION AGENCY Agence canadienne d’inspection des aliments 1c
– Operating expenditures
– The grants listed in any of the Estimates for the fiscal ye – Contributions 5c
– Capital expenditures
CANADIAN HIGH ARCTIC RESEARCH STATION Station canadienne de recherche dans l’Extrême-Arctiq 1c
– Program expenditures
– The grants listed in any of the Estimates for the fiscal ye – Contributions CANADIAN INSTITUTES OF HEALTH RESEARCH Instituts de recherche en santé du Canada 5c
– The grants listed in any of the Estimates for the fiscal ye
CANADIAN NORTHERN ECONOMIC DEVELOPMENT AGEN Agence canadienne de développement économique du 5c
– The grants listed in any of the Estimates for the fiscal ye – Contributions
CANADIAN RADIO-TELEVISION AND TELECOMMUNICAT Conseil de la radiodiffusion et des télécommunications
2020-2021
Chapter 4: Appropriation Act No. 6, 2020–21 SCHEDULE 1
Vote No. 1c
Items – Program expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal munications Fees Regulations, 2010, the Broadcasting L 1997 and the Unsolicited Telecommunications Fees Reg enues that it receives in that fiscal year from activities r its operations, up to amounts approved by the Treasury CORRECTIONAL SERVICE OF CANADA Service correctionnel du Canada 1c
– Operating expenditures
– The grants listed in any of the Estimates for the fiscal ye – Contributions
– Authority to deposit into the Inmate Welfare Fund reven cal year from projects operated by inmates and finance
– Authority to operate canteens in federal institutions and fiscal year, revenue from sales into the Inmate Welfare
– Payments, in accordance with terms and conditions pre in Council,
(a) to or on behalf of discharged inmates who suffer caused by participation in normal program activity i
(b) to dependants of deceased inmates and discharg deaths resulted from participation in normal progra tutions
– Authority for the Minister of Public Safety and Emergen to the approval of the Governor in Council, to enter into province for
(a) the confinement in institutions of that province o committed or transferred to a penitentiary;
(b) compensation for the maintenance of such perso
(c) payment in respect of the construction and relate tions
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela incurs in that fiscal year — revenues that it receives in t provision of internal support services under section 29. COURTS ADMINISTRATION SERVICE Service administratif des tribunaux judiciaires 1c
– Program expenditures DEPARTMENT FOR WOMEN AND GENDER EQUALITY Ministère des Femmes et de l’Égalité des genres
5c
– The grants listed in any of the Estimates for the fiscal ye – Contributions DEPARTMENT OF AGRICULTURE AND AGRI-FOOD Ministère de l’Agriculture et de l’Agroalimentaire
1c
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal
2020-2021
Chapter 4: Appropriation Act No. 6, 2020–21 SCHEDULE 1
Vote No.
Items (a) collaborative research agreements and research
(b) the grazing and breeding activities of the Commu
(c) the administration of the AgriStability program; a
(d) the provision of internal support services under s
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 5c
– Capital expenditures
10c
– The grants listed in any of the Estimates for the fiscal ye – Contributions DEPARTMENT OF CANADIAN HERITAGE Ministère du Patrimoine canadien
1c
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal
(a) the activities of the Canadian Conservation Instit itage Information Network and the Canadian Audio(b) activities undertaken under the Capital Experienc
(c) the provision of internal support services under s
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 5c
– The grants listed in any of the Estimates for the fiscal ye – Contributions DEPARTMENT OF CITIZENSHIP AND IMMIGRATION Ministère de la Citoyenneté et de l’Immigration
1c
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year from the provision of services related to Canada — revenues that it receives in that fiscal year fr services
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 5c
– Capital expenditures
10c
– The grants listed in any of the Estimates for the fiscal ye
15c
– The forgiveness, as referred to in section 24.1 of the Fin Act, of a debt due to Her Majesty in right of Canada in t lated to an immigration loan
– Contributions, including the provision of goods and ser
2020-2021
Chapter 4: Appropriation Act No. 6, 2020–21 SCHEDULE 1
Vote No. 20c
Items
– The writing off, as referred to in subsection 25(2) of the Act, of 351 debts due to Her Majesty in right of Canada related to immigration loans
DEPARTMENT OF CROWN-INDIGENOUS RELATIONS AND Ministère des Relations Couronne-Autochtones et des A 1c
– Operating expenditures – Expenditures on works, buildings and equipment
– Authority to make expenditures — recoverable or other formed on property that is not federal property and on spect of that property
– Authority to provide, in respect of Indian and Inuit econ ties, for the capacity development for Indians and Inuit terials and equipment – Authority to sell electric power to private consumers in alternative local sources of supply are not available, in and conditions approved by the Governor in Council
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela incurs in that fiscal year — revenues that it receives in t provision of internal support services under section 29.
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 10c
– The grants listed in any of the Estimates for the fiscal ye – Contributions
DEPARTMENT OF EMPLOYMENT AND SOCIAL DEVELOPM Ministère de l’Emploi et du Développement social 1c
– Operating expenditures
– Authority to make recoverable expenditures in relation Canada Pension Plan and the Employment Insurance A
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela incurs in that fiscal year — revenues that it receives in t
(a) the provision of services to assist provinces in th provincial programs funded under Labour Market D
(b) the provision of internal support services under s
(c) any amount charged to a Crown corporation und Government Employees Compensation Act in relatio for subrogated claims for Crown corporations; and
(d) the portion of the Government Employees Comp tal or agency subrogated claim settlements related t
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 5c
– The grants listed in any of the Estimates for the fiscal ye – Contributions
2020-2021
Chapter 4: Appropriation Act No. 6, 2020–21 SCHEDULE 1
Vote No.
Items
10c
– The writing off, as referred to in subsection 25(2) of the Act, of 465 debts due to Her Majesty in right of Canada lated to overpayments from the Government Annuities
15c
– The writing off, as referred to in subsection 25(2) of the Act, of 30,289 debts due to Her Majesty in right of Cana to $188,099,201 related to student loans made under th cial Assistance Act DEPARTMENT OF FINANCE Ministère des Finances
1c
– Program expenditures
– The grants listed in any of the Estimates for the fiscal ye – Contributions
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela incurs in that fiscal year — revenues that it receives in t provision of internal support services under section 29.
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min DEPARTMENT OF FISHERIES AND OCEANS Ministère des Pêches et des Océans 1c
– Operating expenditures
– Canada’s share of expenses of the international fisherie – Authority to provide free office accommodation for the commissions
– Authority to make recoverable advances in the amounts ternational fisheries commissions of joint cost projects
– Authority to make recoverable advances for transportat er shipping services performed for individuals, outside ernments in the course of, or arising out of, the exercis tion, including aids to navigation and shipping
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal (a) in the course of, or arising from, the activities of Guard; and
(b) from the provision of internal support services u Act
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 5c
– Capital expenditures
– Authority to make payments to provinces, municipalitie thorities as contributions towards construction done by – Authority for the purchase and disposal of commercial 10c
– The grants listed in any of the Estimates for the fiscal ye – Contributions
2020-2021
Chapter 4: Appropriation Act No. 6, 2020–21 SCHEDULE 1
Vote No. 15c
Items
– The writing off, as referred to in subsection 25(2) of the Act, of debts due to Her Majesty in right of Canada amo lated to loans to haddock fishermen and $187,578 relat producer of frozen groundfish
DEPARTMENT OF FOREIGN AFFAIRS, TRADE AND DEVEL Ministère des Affaires étrangères, du Commerce et du 1c
– Operating expenditures, including those related to the a representatives abroad, to the staff of those representa ment of Canadians to the staffs of international organiz
– Authority to make recoverable advances to internationa amounts not exceeding the amounts of the shares of th
– Expenditures in respect of the provision of office accom tional Civil Aviation Organization
– Authority to make recoverable expenditures for assistan distressed Canadian citizens and Canadian residents w their dependants
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela incurs in that fiscal year — revenues that it receives in t (a) trade and education fairs; (b) departmental publications; and (c) the following services:
(i) training services provided by the Canadian Fo
(ii) trade missions and other international busine (iii) investment development services, (iv) international telecommunication services,
(v) other services provided abroad to other depa Crown corporations and non-federal organization (vi) specialized consular services
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 5c
– Capital expenditures
10c
– The grants listed in any of the Estimates for the fiscal ye
– Contributions, including payments for other specified p sion of goods and services for (a) the promotion of trade and investment; and
(b) international humanitarian assistance and assist national security, international development and glo 15c
– Payments made
(a) in respect of pension, insurance and social secur rangements for employees locally engaged outside
(b) in respect of the administration of such program cluding premiums, contributions, benefit payments, tures made in respect of such employees and for an Treasury Board determines DEPARTMENT OF HEALTH Ministère de la Santé
2020-2021
Chapter 4: Appropriation Act No. 6, 2020–21 SCHEDULE 1
Vote No. 1c
Items – Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal
(a) the provision of services or the sale of products r being and to regulatory activities; and
(b) the provision of internal support services under s
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 10c
– The grants listed in any of the Estimates for the fiscal ye
– Contributions, in the form of monetary payments or the services DEPARTMENT OF INDIGENOUS SERVICES Ministère des Services aux Autochtones 1c
– Operating expenditures – Expenditures on works, buildings and equipment
– Authority to make expenditures — recoverable or other formed on property that is not federal property and on spect of that property
– Authority to provide, in respect of Indian and Inuit econ ties, for the capacity development for Indians and Inuit terials and equipment – Authority to sell electric power to private consumers in alternative local sources of supply are not available, in and conditions approved by the Governor in Council
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela incurs in that fiscal year — revenues that it receives in t
(a) the provision of services or the sale of products r tion and medical services; and
(b) the provision of internal support services under s
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 5c
– Capital expenditures – Expenditures on buildings, works, land and equipment ownership of which
(a) may be transferred to provincial governments on approved by the Governor in Council; or
(b) may be transferred to Indian bands, groups of In ans at the discretion of the Minister of Indigenous S – Expenditures on buildings, works, land and equipment federal property
– Authority to make recoverable expenditures on roads a amounts not exceeding the shares of provincial govern 10c
2020-2021
– The grants listed in any of the Estimates for the fiscal ye
Chapter 4: Appropriation Act No. 6, 2020–21 SCHEDULE 1
Vote No.
Items
– Contributions, in the form of monetary payments or the services DEPARTMENT OF INDUSTRY Ministère de l’Industrie 1c
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal
(a) the provision of internal support services under s and the provision of internal support services to the Property Office;
(b) activities and operations related to communicati munications Research Centre;
(c) services and insolvency processes under the Ban Act at the Office of the Superintendent of Bankruptc
(d) activities and operations carried out by Corporat Canada Business Corporations Act, the Boards of Tr operatives Act and the Canada Not-for-profit Corpor
(e) services and regulatory processes for mergers an ters, including pre-merger notifications, advance rul ten opinions, under the Competition Act at the Com
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 10c
– The grants listed in any of the Estimates for the fiscal ye – Contributions DEPARTMENT OF JUSTICE Ministère de la Justice
1c
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal
(a) the provision of mandatory legal services to fede agencies;
(b) the provision to Crown corporations, non-federa national organizations of optional legal services tha Department’s mandate; and
(c) the provision of internal support services under s
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 5c
– The grants listed in any of the Estimates for the fiscal ye – Contributions DEPARTMENT OF NATIONAL DEFENCE Ministère de la Défense nationale
2020-2021
Chapter 4: Appropriation Act No. 6, 2020–21 SCHEDULE 1
Vote No.
Items
20c
– The writing off, as referred to in subsection 25(2) of the Act, of two debts due to Her Majesty in right of Canada related to a posting loan and a travel advance to memb Forces
25c
– The forgiveness, as referred to in section 24.1 of the Fin Act, of a debt due to Her Majesty in Right of Canada in related to an advance to a member of the Canadian For DEPARTMENT OF NATURAL RESOURCES Ministère des Ressources naturelles
1c
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal (a) the sale of forestry and information products;
(b) the issue of licences, permits and certificates und and the Explosives Regulations, 2013;
(c) training and certification activities related to the A ferred to in paragraph (b);
(d) research, consultation, testing, analysis and adm research products as part of the departmental opera
(e) the provision of internal support services under s cial Administration Act
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 10c
– The grants listed in any of the Estimates for the fiscal ye – Contributions
DEPARTMENT OF PUBLIC SAFETY AND EMERGENCY PRE Ministère de la Sécurité publique et de la Protection civ 1c
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela incurs in that fiscal year — revenues that it receives in t from the provision of internal support services under se
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 5c
– The grants listed in any of the Estimates for the fiscal ye – Contributions
DEPARTMENT OF PUBLIC WORKS AND GOVERNMENT S Ministère des Travaux publics et des Services gouverne 1c
– Operating expenditures for the provision of accommod tral services
– Authority to make recoverable expenditures in relation Canada Pension Plan, the Employment Insurance Act a Management Act
2020-2021
Chapter 4: Appropriation Act No. 6, 2020–21 SCHEDULE 1
Vote No.
Items
– Authority to expend revenues that it receives during the the provision of accommodation, common and central
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal provision of internal support services under section 29.
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min DEPARTMENT OF THE ENVIRONMENT Ministère de l’Environnement 1c
– Operating expenditures
– Authority for the Minister of the Environment to engage by different Boards at the remuneration that those Boa
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela incurs in that fiscal year — revenues that it receives in t provision of internal support services under section 29. provision of services, the sale of information products, fees, the granting of leases or the issuance of licenses o including (a) research, analysis and scientific services; (b) hydrometric surveys; (c) regulatory services;
(d) monitoring services, including monitoring servic sands;
(e) fees for entry to federal real property or federal i (f) permits; and
(g) services in respect of federal real property or fed ing the granting of surface leases to oil and gas com of licences for grazing
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 5c
– Capital expenditures
– Authority to make payments to provinces and municipa wards construction done by those bodies
– Authority to make recoverable advances not exceeding of provincial and outside agencies of the cost of joint p tures on other than federal property 10c
– The grants listed in any of the Estimates for the fiscal ye
– Contributions, including ones to developing countries b Fund for the Implementation of the Montreal Protocol t tary payments or the provision of goods, equipment or DEPARTMENT OF TRANSPORT Ministère des Transports 1c
2020-2021
– Operating expenditures
Chapter 4: Appropriation Act No. 6, 2020–21 SCHEDULE 1
Vote No.
Items
– Authority to make expenditures on other than federal p or arising out of, the exercise of jurisdiction in aeronau – Authority for the payment of commissions for revenue nautics Act
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal provision of internal support services under section 29.
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 10c
Grants and contributions — Efficient Transportation Syste
– The grants listed in any of the Estimates for the fiscal ye – Contributions DEPARTMENT OF VETERANS AFFAIRS Ministère des Anciens Combattants 5c
– The grants listed in any of the Estimates for the fiscal ye listed for any grant may be increased or decreased, sub the Treasury Board – Contributions
DEPARTMENT OF WESTERN ECONOMIC DIVERSIFICATIO Ministère de la Diversification de l’économie de l’Ouest 5c
– The grants listed in any of the Estimates for the fiscal ye – Contributions
ECONOMIC DEVELOPMENT AGENCY OF CANADA FOR TH Agence de développement économique du Canada pou 1c
– Operating expenditures
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 5c
– The grants listed in any of the Estimates for the fiscal ye – Contributions
FEDERAL ECONOMIC DEVELOPMENT AGENCY FOR SOUT Agence fédérale de développement économique pour l 5c
– The grants listed in any of the Estimates for the fiscal ye – Contributions LIBRARY AND ARCHIVES OF CANADA Bibliothèque et Archives du Canada
1c
– Operating expenditures – Contributions
2020-2021
Chapter 4: Appropriation Act No. 6, 2020–21 SCHEDULE 1
Vote No.
Items
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela incurs in that fiscal year — revenues that it receives in t
(a) the provision of access to the collection and from terials from the collection; and
(b) the provision of internal support services under s NATIONAL CAPITAL COMMISSION Commission de la capitale nationale 1c
– Payments to the Commission for operating expenditure NATIONAL FILM BOARD Office national du film
1c
– Program expenditures NATIONAL RESEARCH COUNCIL OF CANADA Conseil national de recherches du Canada
1c
– Operating expenditures
5c
– Capital expenditures
10c
– The grants listed in any of the Estimates for the fiscal ye
– Contributions, including the provision of goods and ser Thirty Meter Telescope Observatory
NATURAL SCIENCES AND ENGINEERING RESEARCH COU Conseil de recherches en sciences naturelles et en géni 5c
– The grants listed in any of the Estimates for the fiscal ye OFFICE OF INFRASTRUCTURE OF CANADA Bureau de l’infrastructure du Canada
1c
– Operating expenditures
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min OFFICE OF THE AUDITOR GENERAL Bureau du vérificateur général 1c
– Program expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela incurs in that fiscal year — revenues that it receives in t
(a) the provision of audit professional services to me Council of Legislative Auditors; and
(b) the inquiries conducted under section 11 of the A
OFFICE OF THE COMMISSIONER FOR FEDERAL JUDICIAL Bureau du commissaire à la magistrature fédérale 1c
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp
2020-2021
Chapter 4: Appropriation Act No. 6, 2020–21 SCHEDULE 1
Vote No.
Items
that fiscal year — revenues that it receives in that fiscal of administrative services and judicial training services
– Remuneration, allowances and expenses for judges, inc the Supreme Court of Yukon, the Supreme Court of the and the Nunavut Court of Justice, not provided for by t 5c
– Operating expenditures — Canadian Judicial Council OFFICE OF THE INTELLIGENCE COMMISSIONER Bureau du commissaire au renseignement
1c
– Program expenditures PUBLIC HEALTH AGENCY OF CANADA Agence de la santé publique du Canada
1c
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal products, the provision of inspection services and the p port services under section 29.2 of that Act 5c
– Capital expenditures
10c
– The grants listed in any of the Estimates for the fiscal ye listed for any grant may be increased or decreased, sub the Treasury Board – Contributions REGISTRAR OF THE SUPREME COURT OF CANADA Registraire de la Cour suprême du Canada
1c
– Program expenditures ROYAL CANADIAN MOUNTED POLICE Gendarmerie royale du Canada
1c
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela incurs in that fiscal year — revenues that it receives in t from the provision of internal support services under se 5c
– Capital expenditures SHARED SERVICES CANADA Services partagés Canada
1c
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year from the provision of information techn Shared Services Canada Act — revenues that it receive the provision of those services 5c
– Capital expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset cap incurs in that fiscal year — revenues that it receives in t provision of information technology services under the Act
2020-2021
Chapter 4: Appropriation Act No. 6, 2020–21 SCHEDULE 1
Vote No.
Items
SOCIAL SCIENCES AND HUMANITIES RESEARCH COUNC Conseil de recherches en sciences humaines 5c
– The grants listed in any of the Estimates for the fiscal ye STATISTICS CANADA Statistique Canada
1c
– Program expenditures
– The grants listed in any of the Estimates for the fiscal ye
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela incurs in that fiscal year — revenues that it receives in t from the provision of internal support services under se TELEFILM CANADA Téléfilm Canada 1c
– Payments to the corporation to be used for the purpose Canada Act THE FEDERAL BRIDGE CORPORATION LIMITED La Société des ponts fédéraux Limitée
1c
– Payments to the Corporation TREASURY BOARD SECRETARIAT Secrétariat du Conseil du Trésor
1c
– Program expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal of internal support services under section 29.2 of that A tivities
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 15c
Compensation Adjustments
– Authority granted to the Treasury Board to supplement for the fiscal year that may need to be partially or fully justments made to terms and conditions of service or e public administration, including the Royal Canadian Mo of members of the Canadian Forces, persons appointed Council and employees of Crown corporations as defin the Financial Administration Act 20c
Public Service Insurance
– Payments, in respect of insurance, pension or benefit pr ments, or in respect of the administration of such progr cluding premiums, contributions, benefits, fees and oth respect of the federal public administration, or any part any other persons that the Treasury Board determines
– Authority to expend any revenues or other amounts tha insurance, pension or benefit programs or other arrang (a) to offset premiums, contributions, benefits, fees respect of those programs or arrangements; and
2020-2021
Chapter 4: Appropriation Act No. 6, 2020–21 SCHEDULE 1
Vote No.
Items
(b) to provide for the return to eligible employees of der subsection 96(3) of the Employment Insurance A VIA RAIL CANADA INC. VIA Rail Canada Inc. 1c
– Payments to the corporation in respect of the costs of it – Payments to the corporation for capital expenditures
– Payments to the corporation for the provision of rail pas Canada in accordance with contracts entered into pursu (c)(i) of Transport Vote 52d, Appropriation Act No. 1, 19
2020-2021
Chapter 4: Appropriation Act No. 6, 2020–21 SCHEDULE 1 (French)
ANNEXE 1
D’après le Budget supplémentaire des dépenses (C) 2020-2021, la tants des postes figurant à la présente annexe.
Sommes accordées par la présente loi à Sa Majesté pour l’exercice dées. No du crédit
Postes
AGENCE CANADIENNE DE DÉVELOPPEMENT ÉCONO Canadian Northern Economic Development Agenc 5c
– Subventions inscrites à tout budget des dépenses p – Contributions
AGENCE CANADIENNE D’INSPECTION DES ALIMENT Canadian Food Inspection Agency 1c
– Dépenses de fonctionnement
– Subventions inscrites à tout budget des dépenses p – Contributions 5c
– Dépenses en capital
AGENCE DE DÉVELOPPEMENT ÉCONOMIQUE DU CA RÉGIONS DU QUÉBEC Economic Development Agency of Canada for the 1c
– Dépenses de fonctionnement
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5c
– Subventions inscrites à tout budget des dépenses po – Contributions AGENCE DE LA SANTÉ PUBLIQUE DU CANADA Public Health Agency of Canada
1c
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re de celui-ci qui proviennent de la vente de produits, vices d’inspection et de la prestation de services de vertu de l’article 29.2 de cette loi 5c
– Dépenses en capital
10c
– Subventions inscrites à tout budget des dépenses p tant prévu pour chaque subvention pouvant être m lʼapprobation du Conseil du Trésor – Contributions
AGENCE DE PROMOTION ÉCONOMIQUE DU CANADA Atlantic Canada Opportunities Agency 1c
– Dépenses de fonctionnement
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po
2020-2021
Chapter 4: Appropriation Act No. 6, 2020–21 SCHEDULE 1 (French)
No du crédit
Postes
une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5c
– Subventions inscrites à tout budget des dépenses p – Contributions
AGENCE FÉDÉRALE DE DÉVELOPPEMENT ÉCONOMIQ L’ONTARIO Federal Economic Development Agency for Southe 5c
– Subventions inscrites à tout budget des dépenses p – Contributions BIBLIOTHÈQUE ET ARCHIVES DU CANADA Library and Archives of Canada
1c
– Dépenses de fonctionnement – Contributions
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer çues au cours de celui-ci qui proviennent de ce qui
a) les droits d’accès à la collection et les frais de ments de celle-ci;
b) la prestation de services de soutien internes e de cette loi. BUREAU DE L’INFRASTRUCTURE DU CANADA Office of Infrastructure of Canada 1c
– Dépenses de fonctionnement
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada
BUREAU DU COMMISSAIRE À LA MAGISTRATURE FÉ Office of the Commissioner for Federal Judicial Aff 1c
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re de celui-ci qui proviennent de la prestation de serv la formation judiciaire
– Traitements, indemnités et dépenses pour les juges adjoints de la Cour suprême du Yukon, de la Cour s du Nord-Ouest et de la Cour de justice du Nunavut sur les juges 5c
2020-2021
– Dépenses de fonctionnement — Conseil canadien d
Chapter 4: Appropriation Act No. 6, 2020–21 SCHEDULE 1 (French)
No du crédit
Postes BUREAU DU COMMISSAIRE AU RENSEIGNEMENT Office of the Intelligence Commissioner
1c
– Dépenses du programme BUREAU DU VÉRIFICATEUR GÉNÉRAL Office of the Auditor General
1c
– Dépenses du programme
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer çues au cours de celui-ci qui proviennent de ce qui
a) les services professionnels de vérification aux canadien des vérificateurs législatifs;
b) les enquêtes effectuées au titre de l’article 11 teur général. COMMISSION DE LA CAPITALE NATIONALE National Capital Commission 1c
– Paiements à la Commission pour les dépenses de f
CONSEIL DE LA RADIODIFFUSION ET DES TÉLÉCOMM CANADIENNES Canadian Radio-television and Telecommunication 1c
– Dépenses du programme
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re de celui-ci au titre du Règlement de 2010 sur les dr tion, du Règlement de 1997 sur les droits de licence Règlement sur les droits relatifs aux télécommunic dans le cadre de ses autres activités, jusqu’à concu prouvés par le Conseil du Trésor
CONSEIL DE RECHERCHES EN SCIENCES HUMAINES Social Sciences and Humanities Research Council 5c
– Subventions inscrites à tout budget des dépenses p
CONSEIL DE RECHERCHES EN SCIENCES NATURELLE Natural Sciences and Engineering Research Counc 5c
– Subventions inscrites à tout budget des dépenses p CONSEIL NATIONAL DE RECHERCHES DU CANADA National Research Council of Canada
1c
– Dépenses de fonctionnement
5c
– Dépenses en capital
10c
– Subventions inscrites à tout budget des dépenses p
– Contributions, y compris la fourniture de biens et de vatoire international du Télescope de trente mètres GENDARMERIE ROYALE DU CANADA Royal Canadian Mounted Police 1c
2020-2021
– Dépenses de fonctionnement
Chapter 4: Appropriation Act No. 6, 2020–21 SCHEDULE 1 (French)
No du crédit
Postes
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer çues au cours de celui-ci qui proviennent notamme services de soutien internes en vertu de l’article 29 5c
– Dépenses en capital INSTITUTS DE RECHERCHE EN SANTÉ DU CANADA Canadian Institutes of Health Research
5c
– Subventions inscrites à tout budget des dépenses p LA SOCIÉTÉ DES PONTS FÉDÉRAUX LIMITÉE The Federal Bridge Corporation Limited
1c
– Paiements à la Société
MINISTÈRE DE LA CITOYENNETÉ ET DE L’IMMIGRAT Department of Citizenship and Immigration 1c
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice pour l dans le cadre du programme « Expérience internat cettes perçues au cours de cet exercice qui provien ces services
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5c 10c
– Dépenses en capital
– Subventions inscrites à tout budget des dépenses p
– Contributions, y compris la fourniture de biens et de 15c
– Renonciation, au titre de lʼarticle 24.1 de la Loi sur la publiques, à une créance relative à un prêt octroyé Sa Majesté du chef du Canada et s’élevant à 6 911 $
20c
– Radiation, au titre du paragraphe 25(2) de la Loi sur publiques, de 351 dettes relatives à des prêts octro dues à Sa Majesté du chef du Canada et sʼélevant a MINISTÈRE DE LA DÉFENSE NATIONALE Department of National Defence
20c
– Radiation, au titre du paragraphe 25(2) de la Loi sur publiques, de deux dettes totalisant 17 187 $ dues à Canada relatives à un prêt à lʼaffectation et à une a voyage octroyés à des militaires des Forces canadi
25c
– Renonciation, au titre de l’article 24.1 de la Loi sur la publiques, à une créance relative à une avance octr Forces canadiennes, due à Sa Majesté du chef du C 16 685 $
MINISTÈRE DE LA DIVERSIFICATION DE L’ÉCONOMIE CANADIEN Department of Western Economic Diversification
2020-2021
Chapter 4: Appropriation Act No. 6, 2020–21 SCHEDULE 1 (French)
No du crédit 5c
Postes
– Subventions inscrites à tout budget des dépenses p – Contributions
MINISTÈRE DE L’AGRICULTURE ET DE L’AGROALIME Department of Agriculture and Agri-Food 1c
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re de celui-ci qui proviennent de ce qui suit :
a) les ententes de recherche concertée et les ser
b) les activités de pâturage et de reproduction d rages communautaires;
c) l’administration du programme « Agri-stabilit
d) la prestation de services de soutien internes e de cette loi.
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5c 10c
– Dépenses en capital
– Subventions inscrites à tout budget des dépenses p – Contributions MINISTÈRE DE LA JUSTICE Department of Justice
1c
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re de celui-ci qui proviennent de ce qui suit :
a) les services juridiques fournis de manière ob et organismes fédéraux;
b) les services juridiques — conformes au mand nis de manière facultative à des sociétés d’État non fédérales ou internationales;
c) les services de soutien internes fournis en ve cette loi.
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5c
– Subventions inscrites à tout budget des dépenses p – Contributions
2020-2021
Chapter 4: Appropriation Act No. 6, 2020–21 SCHEDULE 1 (French)
No du crédit
Postes MINISTÈRE DE LA SANTÉ Department of Health
1c
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re de celui-ci qui proviennent de ce qui suit :
a) la prestation de services – ou la vente de prod santé, au bien-être et aux activités de réglemen
b) la prestation de services de soutien internes e de cette loi.
– Versement, à chacun des membres du Conseil privé Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 10c
– Subventions inscrites à tout budget des dépenses p – Contributions, sous forme de paiements en argent biens ou de services
MINISTÈRE DE LA SÉCURITÉ PUBLIQUE ET DE LA PR Department of Public Safety and Emergency Prepa 1c
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer çues au cours de celui-ci qui proviennent notamme services de soutien internes en vertu de l’article 29
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5c
– Subventions inscrites à tout budget des dépenses p – Contributions
MINISTÈRE DE L’EMPLOI ET DU DÉVELOPPEMENT SO Department of Employment and Social Developme 1c
– Dépenses de fonctionnement
– Autorisation d’effectuer des dépenses recouvrables Régime de pensions du Canada et de la Loi sur l’as
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer çues au cours de celui-ci qui proviennent de ce qui
a) les services visant à aider les provinces à adm grammes provinciaux financés aux termes des pement du marché du travail;
b) les services de soutien internes fournis en ve cette loi;
2020-2021
Chapter 4: Appropriation Act No. 6, 2020–21 SCHEDULE 1 (French)
No du crédit
Postes
c) tout montant facturé à une société d’État en v la Loi sur l’indemnisation des agents de l’État en litige pour les recours par subrogation pour les
d) la portion des coûts de litige découlant des rè mandes de réclamation auprès de tiers pour les nismes faits en vertu de la Loi sur l’indemnisatio
– Versement, à chacun des membres du Conseil privé Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5c
– Subventions inscrites à tout budget des dépenses p – Contributions
10c
– Radiation, au titre du paragraphe 25(2) de la Loi sur publiques, de 465 dettes relatives à des trop-payés des rentes sur lʼÉtat dues à Sa Majesté du chef du C total à 25 064 $
15c
– Radiation, au titre du paragraphe 25(2) de la Loi sur publiques, de 30 289 dettes relatives à des prêts d’é de la Loi fédérale sur l’aide financière aux étudiant chef du Canada et sʼélevant au total à 188 099 201 $ MINISTÈRE DE L’ENVIRONNEMENT Department of the Environment
1c
– Dépenses de fonctionnement
– Autorisation au ministre de l’Environnement d’enga conseils dont les commissions peuvent avoir besoi des traitements déterminés par celles-ci
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer çues au cours de celui-ci qui proviennent de la pres soutien internes en vertu de lʼarticle 29.2 de cette lo services, de la vente de produits d’information, de d’accès ou de l’octroi de baux, de licences ou d’aut tamment :
a) les services de recherche, les services d’analy tifiques; b) les relevés hydrologiques; c) les services de réglementation;
d) les services de surveillance, notamment les a des sables bitumineux;
e) les droits d’accès à des biens immeubles fédé réels fédéraux; f) les permis;
g) les services relatifs à des biens immeubles fé réels fédéraux, notamment l’octroi de baux de s gnies pétrolières et gazières et l’octroi de licenc rage.
– Versement, à chacun des membres du Conseil privé Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d
2020-2021
Chapter 4: Appropriation Act No. 6, 2020–21 SCHEDULE 1 (French)
No du crédit
Postes
payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5c
– Dépenses en capital
– Autorisation de faire des paiements aux provinces titre de contributions aux travaux de construction e nistrations
– Autorisation de faire des avances recouvrables ne d des frais de projets conjoints assumée par des orga des organismes de l’extérieur, y compris les dépen propriétés n’appartenant pas au gouvernement féd 10c
– Subventions inscrites à tout budget des dépenses p
– Contributions, y compris celles aux pays en dévelop multilatéral pour l’application du Protocole de Mon paiements en argent ou de fourniture de biens, d’é vices MINISTÈRE DE L’INDUSTRIE Department of Industry 1c
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re de celui-ci qui proviennent de ce qui suit :
a) la prestation de services de soutien internes e de cette loi et de services de soutien internes à intellectuelle du Canada;
b) les activités liées aux recherches sur les com de recherches sur les communications;
c) les services et la procédure d’insolvabilité, au lite et l’insolvabilité, au Bureau du surintendant
d) les activités de Corporations Canada au titre les sociétés par actions, de la Loi sur les chamb Loi canadienne sur les coopératives et de la Loi ganisations à but non lucratif;
e) les services et la procédure réglementaire au rence pour les fusions et toute chose s’y rappor préalables à une fusion, les certificats de décisio consultatifs au titre de la Loi sur la concurrence
– Versement, à chacun des membres du Conseil privé Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 10c
– Subventions inscrites à tout budget des dépenses p – Contributions
MINISTÈRE DES AFFAIRES ÉTRANGÈRES, DU COMM DÉVELOPPEMENT Department of Foreign Affairs, Trade and Developm 1c
2020-2021
– Dépenses de fonctionnement, y compris celles liées présentants du Canada à l’étranger, à leur personn fectés par le gouvernement canadien au personnel tionaux
Chapter 4: Appropriation Act No. 6, 2020–21 SCHEDULE 1 (French)
No du crédit
Postes
– Autorisation de faire des avances recouvrables à de tionaux jusqu’à concurrence de la valeur des action ces organismes
– Dépenses relatives aux locaux de l’Organisation de tionale
– Autorisation d’effectuer des dépenses recouvrables et résidents canadiens qui se trouvent en difficulté leurs personnes à charge, et pour rapatrier ces per
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer çues au cours de celui-ci qui proviennent de ce qui a) les foires commerciales et éducatives; b) les publications ministérielles; c) la prestation des services suivants :
(i) la formation offerte par l’Institut canadien
(ii) les missions commerciales et autres serv du commerce international,
(iii) les services de développement des inves
(iv) les services de télécommunication intern
(v) les autres services fournis à l’étranger à d ganismes, sociétés d’État et autres organisat (vi) les services consulaires spécialisés.
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5c 10c
– Dépenses en capital
– Subventions inscrites à tout budget des dépenses p
– Contributions, y compris les paiements à d’autres fi ture de biens et de services pour :
a) la promotion du commerce et de l’investissem
b) l’aide humanitaire internationale et l’aide fou curité internationale, le développement internat diale. 15c
– Paiements effectués dans le cadre :
a) de programmes de pension, d’assurance et d d’autres ententes pour les employés recrutés su Canada;
b) de l’administration de ces programmes ou en primes, contributions, avantages, frais et autres les employés recrutés sur place à l’extérieur du personnes déterminées par le Conseil du Trésor MINISTÈRE DES ANCIENS COMBATTANTS Department of Veterans Affairs 5c
– Subventions inscrites à tout budget des dépenses p tant inscrit à chacune des subventions pouvant être de l’approbation du Conseil du Trésor – Contributions
2020-2021
Chapter 4: Appropriation Act No. 6, 2020–21 SCHEDULE 1 (French)
No du crédit
Postes
MINISTÈRE DES FEMMES ET DE L’ÉGALITÉ DES GEN Department for Women and Gender Equality 5c
– Subventions inscrites à tout budget des dépenses p – Contributions MINISTÈRE DES FINANCES Department of Finance
1c
– Dépenses du programme
– Subventions inscrites à tout budget des dépenses p – Contributions
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer çues au cours de celui-ci qui proviennent de la pres soutien internes en vertu de l’article 29.2 de cette lo
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada MINISTÈRE DES PÊCHES ET DES OCÉANS Department of Fisheries and Oceans 1c
– Dépenses de fonctionnement
– Participation du Canada aux dépenses des commis des pêches
– Autorisation de fournir gratuitement des locaux aux tionales des pêches
– Autorisation de faire des avances recouvrables équ de la quote-part de ces commissions dans les prog
– Autorisation de faire des avances recouvrables pou port et d’arrimage et d’autres services de la marine des particuliers, à des organismes indépendants et ments en lien avec l’exercice de sa compétence en y compris les aides à la navigation et à la navigatio
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re de celui-ci qui proviennent de ce qui suit : a) les activités de la Garde côtière canadienne;
b) la prestation de services de soutien internes e de cette loi.
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5c
2020-2021
– Dépenses en capital
Chapter 4: Appropriation Act No. 6, 2020–21 SCHEDULE 1 (French)
No du crédit
Postes
– Autorisation de faire des paiements aux provinces, des autorités locales ou privées à titre de contribut construction entrepris par ces administrations ou a
– Autorisation d’acheter des bateaux de pêche comm 10c
– Subventions inscrites à tout budget des dépenses p – Contributions
15c
– Radiation, au titre du paragraphe 25(2) de la Loi sur publiques, de dettes dues à Sa Majesté du chef du prêts octroyés à des pêcheurs dʼaiglefin et sʼélevan à un prêt octroyé à un producteur canadien de pois et sʼélevant à 187 578 $
MINISTÈRE DES RELATIONS COURONNE-AUTOCHTO DU NORD Department of Crown-Indigenous Relations and No 1c
– Dépenses de fonctionnement
– Dépenses relatives aux ouvrages, bâtiments et mat
– Autorisation d’effectuer des dépenses — recouvrab aux travaux effectués sur des propriétés n’apparten ment fédéral et aux services fournis à l’égard de ce
– Autorisation d’affecter des fonds dans le cadre d’ac grès économique des Indiens et des Inuits, relative la capacité des Indiens et des Inuits et à l’approvisi et en matériel
– Autorisation de vendre de l’électricité, conforméme prouvées par le gouverneur en conseil, aux consom particuliers vivant dans des centres éloignés lorsqu accès aux sources alternatives locales d’approvisio
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer çues au cours de celui-ci qui proviennent de la pres soutien internes en vertu de l’article 29.2 de cette lo
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 10c
– Subventions inscrites à tout budget des dépenses p – Contributions MINISTÈRE DES RESSOURCES NATURELLES Department of Natural Resources
1c
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re de celui-ci qui proviennent de ce qui suit :
a) la vente de produits d’information et de prod
b) la délivrance de licences, de permis et de cer sur les explosifs et du Règlement de 2013 sur le
c) la formation et les attestations de formation l ment visés à l’alinéa b);
2020-2021
Chapter 4: Appropriation Act No. 6, 2020–21 SCHEDULE 1 (French)
No du crédit
Postes
d) la perception, dans le cadre des activités du m des services de recherche, de consultation, d’év d’administration et pour l’accès à des travaux d
e) la prestation de services de soutien internes e de la Loi sur la gestion des finances publiques.
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 10c
– Subventions inscrites à tout budget des dépenses p – Contributions MINISTÈRE DES SERVICES AUX AUTOCHTONES Department of Indigenous Services
1c
– Dépenses de fonctionnement
– Dépenses relatives aux ouvrages, bâtiments et mat
– Autorisation d’effectuer des dépenses — recouvrab aux travaux effectués sur des propriétés n’apparten ment fédéral et aux services fournis à l’égard de ce
– Autorisation d’affecter des fonds dans le cadre d’ac grès économique des Indiens et des Inuits, relative la capacité des Indiens et des Inuits et à l’approvisi et en matériel
– Autorisation de vendre de l’électricité, conforméme prouvées par le gouverneur en conseil, aux consom particuliers vivant dans des centres éloignés lorsqu accès aux sources alternatives locales d’approvisio
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer çues au cours de celui-ci qui proviennent de ce qui
a) la prestation de services ou la vente de produ protection de la santé et aux services médicaux
b) la prestation de services de soutien internes e de cette loi.
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5c
– Dépenses en capital
– Dépenses relatives aux bâtiments, ouvrages, terrain gestion, le contrôle et la propriété peuvent être tran
a) soit aux gouvernements provinciaux, selon le vées par le gouverneur en conseil;
b) soit à des bandes indiennes ou à des Indiens culier, à la discrétion du ministre des Services a
– Dépenses relatives aux bâtiments, ouvrages, terrain à l’égard de propriétés n’appartenant pas au gouve
2020-2021
Chapter 4: Appropriation Act No. 6, 2020–21 SCHEDULE 1 (French)
No du crédit
Postes
– Autorisation d’effectuer des dépenses recouvrables dépassant pas la part des frais assumés par les gou ciaux pour des routes et ouvrages connexes 10c
– Subventions inscrites à tout budget des dépenses p
– Contributions, sous forme de paiements en argent o biens ou de services MINISTÈRE DES TRANSPORTS Department of Transport 1c
– Dépenses de fonctionnement
– Autorisation d’engager des dépenses pour des bien dans le cadre de l’exercice d’une compétence en m
– Autorisation de payer des commissions pour le rec en vertu de la Loi sur l’aéronautique
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re de celui-ci qui proviennent notamment de la presta tien internes en vertu de l’article 29.2 de cette loi
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 10c
Subventions et contributions — Réseau de transport e
– Subventions inscrites à tout budget des dépenses p – Contributions
MINISTÈRE DES TRAVAUX PUBLICS ET DES SERVICE GOUVERNEMENTAUX Department of Public Works and Government Serv 1c
– Dépenses de fonctionnement pour la prestation de locaux et de services communs et centraux
– Autorisation d’effectuer des dépenses recouvrables Régime de pensions du Canada, de la Loi sur l’assu Loi sur l’administration des biens saisis
– Autorisation de dépenser les recettes perçues au co proviennent de la prestation de services de gestion vices communs et centraux
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re de celui-ci qui proviennent notamment de la presta tien internes en vertu de l’article 29.2 de cette loi
– Versement, à chacun des membres du Conseil privé Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada
2020-2021
Chapter 4: Appropriation Act No. 6, 2020–21 SCHEDULE 1 (French)
No du crédit
Postes MINISTÈRE DU PATRIMOINE CANADIEN Department of Canadian Heritage
1c
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re de celui-ci qui proviennent de ce qui suit :
a) les activités de l’Institut canadien de conserva dien d’information sur le patrimoine et du Burea produits audiovisuels canadiens;
b) les activités afférentes au programme « Expé
c) la prestation de services de soutien internes e de cette loi.
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5c
– Subventions inscrites à tout budget des dépenses p – Contributions OFFICE NATIONAL DU FILM National Film Board
1c
– Dépenses du programme REGISTRAIRE DE LA COUR SUPRÊME DU CANADA Registrar of the Supreme Court of Canada
1c
– Dépenses du programme SECRÉTARIAT DU CONSEIL DU TRÉSOR Treasury Board Secretariat
1c
– Dépenses du programme
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re de celui-ci qui proviennent de la prestation de serv en vertu de l’article 29.2 de cette loi et de ses autre
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 15c
Rajustements à la rémunération
– Autorisation donnée au Conseil du Trésor d’augmen pour l’exercice qui peut nécessiter un financement suite de rajustements effectués aux modalités de s l’administration publique fédérale, notamment la G Canada, des membres des Forces canadiennes, de par le gouverneur en conseil et des employés des s du paragraphe 83(1) de la Loi sur la gestion des fin
2020-2021
Chapter 4: Appropriation Act No. 6, 2020–21 SCHEDULE 1 (French)
No du crédit 20c
Postes Assurances de la fonction publique
– À l’égard de tout ou partie de la fonction publique e sonnes déterminées par le Conseil du Trésor, paiem cadre des programmes d’assurance, de pension, d d’autres ententes — ou de l’administration de ces p tentes —, notamment au titre des primes, contribu ciaux, frais et autres dépenses
– Autorisation d’affecter tous revenus ou toutes autre le cadre des programmes d’assurance, de pension, d’autres ententes :
a) pour compenser notamment les primes, cont ciaux, frais et autres dépenses liés à ces program tentes;
b) pour rembourser les employés admissibles, e graphe 96(3) de la Loi sur l’assurance-emploi, p primes retenues.
SERVICE ADMINISTRATIF DES TRIBUNAUX JUDICIAI Courts Administration Service 1c
– Dépenses du programme SERVICE CORRECTIONNEL DU CANADA Correctional Service of Canada
1c
– Dépenses de fonctionnement
– Subventions inscrites à tout budget des dépenses p – Contributions
– Autorisation de verser à la Caisse de bienfaisance d tirés, au cours de l’exercice, des activités des déten caisse
– Autorisation d’exploiter des cantines dans les établ de verser les recettes, au cours de l’exercice, à la C des détenus
– Paiements, selon les conditions fixées par le gouve
a) aux détenus libérés aux prises avec une incap tant de leur participation aux activités normales ments fédéraux ou pour le compte de tels déten
b) aux personnes à charge de détenus — libérés suite de leur participation à de telles activités.
– Autorisation au ministre de la Sécurité publique et sous réserve de l’approbation du gouverneur en co entente avec le gouvernement de toute province en
a) de l’incarcération, dans les établissements de sonnes condamnées ou transférées dans un pén
b) de l’indemnisation afférente à l’entretien de c
c) du paiement des frais de construction et d’au ces établissements.
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer çues au cours de celui-ci qui proviennent de la pres soutien internes en vertu de l’article 29.2 de cette lo SERVICES PARTAGÉS CANADA Shared Services Canada 1c
2020-2021
– Dépenses de fonctionnement
Chapter 4: Appropriation Act No. 6, 2020–21 SCHEDULE 1 (French)
No du crédit
Postes
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice pour l de technologie de l’information au titre de la Loi su Canada, les recettes perçues au cours de celui-ci qu prestation de ces services 5c
– Dépenses en capital
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses en capital engagées au cours de cet exer çues au cours de celui-ci qui proviennent de la pres technologie de l’information au titre de la Loi sur S Canada
SOCIÉTÉ CANADIENNE D’HYPOTHÈQUES ET DE LOG Canada Mortgage and Housing Corporation 1c
– Paiements à la Société visant à la rembourser pour par elle sur les prêts consentis, les subventions et c les dépenses contractées, les pertes subies et les fr selon le cas : a) au titre de la Loi nationale sur l’habitation;
b) dans le cadre des attributions qui lui sont con loi fédérale et qu’elle exerce en conformité avec nadienne d’hypothèques et de logement.
STATION CANADIENNE DE RECHERCHE DANS L’EXT Canadian High Arctic Research Station 1c
– Dépenses du programme
– Subventions inscrites à tout budget des dépenses p – Contributions STATISTIQUE CANADA Statistics Canada 1c
– Dépenses du programme
– Subventions inscrites à tout budget des dépenses p
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer çues au cours de celui-ci qui proviennent notamme services de soutien internes en vertu de l’article 29 TÉLÉFILM CANADA Telefilm Canada 1c
– Paiements à la société devant servir aux fins prévue Canada VIA RAIL CANADA INC. VIA Rail Canada Inc.
1c
– Paiements à la société pour les dépenses liées à sa
– Paiements à la société pour les dépenses en capital
– Paiements à la société en vue de la prestation d’un Canada, conformément aux contrats conclus en ve du crédit 52d (Transports) de la Loi no 1 de 1977 po dits
2020-2021
Chapter 4: Appropriation Act No. 6, 2020–21 SCHEDULE 1 (French)
No du crédit
2020-2021
Postes
Chapter 4: Appropriation Act No. 6, 2020–21 SCHEDULE 2
SCHEDULE 2
Based on the Supplementary Estimates (C), 2020–21, the amount items set out in this Schedule.
Sums granted to Her Majesty by this Act for the fiscal year endin following fiscal year ending March 31, 2022 and the purposes for w Vote No.
Items CANADA BORDER SERVICES AGENCY Agence des services frontaliers du Canada
1c
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal
(a) fees, related to border operations, for the provisi of a facility or for a product, right or privilege; and (b) payments received under contracts entered into 5c
– Capital expenditures CANADA REVENUE AGENCY Agence du revenu du Canada
1c
– Operating expenditures – Contributions
– Authority to make recoverable expenditures in relation Canada Pension Plan and the Employment Insurance A 5c
– Capital expenditures
– Authority to make recoverable expenditures in relation Canada Pension Plan and the Employment Insurance A PARKS CANADA AGENCY Agence Parcs Canada 1c
– Program expenditures – Capital expenditures
– The grants listed in any of the Estimates for the fiscal y – Contributions, including
(a) expenditures on other than federal property; and
(b) payments to provinces and municipalities as con cost of undertakings carried out by those bodies
2020-2021
Chapter 4: Appropriation Act No. 6, 2020–21 SCHEDULE 2 (French)
ANNEXE 2
D’après le Budget supplémentaire des dépenses (C) 2020-2021, la des postes figurant à la présente annexe.
Sommes accordées par la présente loi à Sa Majesté pour l’exercice en cours et à l’exercice suivant se terminant le 31 mars 2022, et fin No du crédit
Postes AGENCE DES SERVICES FRONTALIERS DU CANADA Canada Border Services Agency
1c
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Loi sur publiques, d’affecter, au cours de l’exercice, à la compe engagées au cours de cet exercice, les recettes perçues proviennent de ce qui suit :
a) les droits — liés aux activités à la frontière — perç d’un service, l’utilisation d’une installation, l’achat d cice d’un droit ou d’un privilège;
b) les paiements reçus au titre de contrats conclus p 5c
– Dépenses en capital AGENCE DU REVENU DU CANADA Canada Revenue Agency
1c
– Dépenses de fonctionnement – Contributions
– Autorisation d’effectuer des dépenses recouvrables liée gime de pensions du Canada et de la Loi sur l’assuranc 5c
– Dépenses en capital
– Autorisation d’effectuer des dépenses recouvrables liée gime de pensions du Canada et de la Loi sur l’assuranc AGENCE PARCS CANADA Parks Canada Agency 1c
– Dépenses du programme – Dépenses en capital – Subventions inscrites à tout budget des dépenses pour – Contributions, notamment :
a) les dépenses afférentes à des propriétés autres qu ment fédéral;
b) les paiements aux provinces et aux municipalités à l’égard des engagements assumés par ces dernièr
Published under authority of the Speaker of the House of Commons 2020-2021
Disponible sur le site Web de la Chambre des comm
|
Second Session, Forty-third Parliament, 69-70 Elizabeth II, 2020-2021
STATUTES OF CANADA 2021
CHAPTER 5
An Act for granting to Her Majesty certain sums of money for the federal public administration for the fiscal year ending March 31, 2022
ASSENTED TO MARCH 30, 2021 BILL C-27
SUMMARY This enactment grants the sum of $59,304,837,417 towards defraying charges and expenses of the federal public administration for the fiscal year ending March 31, 2022 that are not otherwise provided for.
i
69-70 ELIZABETH II
CHAPTER 5
An Act for granting to Her Majesty certain sums of money for the federal public administration for the fiscal year ending March 31, 2022 [Assented to 30th March, 2021] MOST GRACIOUS SOVEREIGN, Preamble Whereas it appears by message from His Excellency the Right Honourable Richard Wagner, P.C., Adminis‐ trator of the Government of Canada, and the Estimates accompanying that message, that the sums mentioned below are required to defray certain expenses of the federal public administration, not otherwise provided for, for the fiscal year ending March 31, 2022, and for other purposes connected with the federal public administration;
May it therefore please Your Majesty, that it may be enacted, and be it enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, that: Short title 1 This Act may be cited as the Appropriation Act No. 1,
2021–22. $59,304,837,417 granted for 2021–22 2 There may be paid out of the Consolidated Revenue
Fund a sum not exceeding in the whole $59,304,837,417 towards defraying the several charges and expenses of the federal public administration for the fiscal year ending March 31, 2022, not otherwise provided for, being the aggregate of the following amounts: (a) $18,679,234,304, which is three twelfths of the total of the amounts of the items set out in Schedules 1 and 2 of the Main Estimates for the fiscal year ending March 31, 2022, except for those items included in Schedules 1.1 to 1.8;
2020-2021
Chapter 5: Appropriation Act No. 1, 2021–22 Sections 2-5
(b) $6,032,465,248, which is four twelfths of the total of the amounts of the items in those Estimates set out in Schedule 1.1; (c) $3,716,073,356, which is five twelfths of the total of
the amounts of the items in those Estimates set out in Schedule 1.2; (d) $2,795,109,015, which is six twelfths of the total of
the amounts of the items in those Estimates set out in Schedule 1.3; (e) $448,144,442, which is seven twelfths of the total of
the amounts of the items in those Estimates set out in Schedule 1.4; (f) $2,250,429,186, which is eight twelfths of the total
of the amounts of the items in those Estimates set out in Schedule 1.5; (g) $11,857,264,249, which is nine twelfths of the total of the amounts of the items in those Estimates set out in Schedule 1.6; (h) $13,526,117,614, which is eleven twelfths of the total of the amounts of the items in those Estimates set out in Schedule 1.7; and (i) $3, which is twelve twelfths of the total of the
amounts of the items in those Estimates set out in Schedule 1.8. Purpose of each item 3 The amount authorized by this Act to be paid in respect of an item may be paid only for the purposes, and subject to any terms and conditions, specified in the item. Adjustments in accounts of Canada — section 2 4 An appropriation that is granted by this Act or any other Act and referred to in section 2 may be charged after the end of the fiscal year for which the appropriation is granted at any time before the day on which the Public Accounts for that fiscal year are tabled in Parliament, for the purpose of making adjustments in the accounts of Canada for that fiscal year that do not require payments out of the Consolidated Revenue Fund.
Adjustments in accounts of Canada — Schedule 2 5 (1) An appropriation that is granted by this Act or any other Act and referred to in Schedule 2 may be charged after the end of the fiscal year following the fiscal year for which the appropriation is granted at any time before the day on which the Public Accounts for that second fiscal year are tabled in Parliament, for the purpose of making adjustments in the accounts of Canada for that second
2020-2021
Chapter 5: Appropriation Act No. 1, 2021–22 Section 5
fiscal year that do not require payments out of the Consolidated Revenue Fund. Order of payment (2) Despite any other provision of this Act, amounts appropriated by this Act and set out in Schedule 2 may be paid and applied at any time on or before March 31, 2023, so long as every payment is charged first against the relevant amount appropriated under any Act that is earliest in time until that amount is exhausted, next against the relevant amount appropriated under any other Act, including this Act, that is next in time until that amount is exhausted and so on. The balance of amounts so appropriated by this Act that have not been charged, subject to the adjustments referred to in section 37 of the Financial Administration Act, lapse at the end of the fiscal year following the fiscal year ending March 31, 2022.
2020-2021
Chapter 5: Appropriation Act No. 1, 2021–22 SCHEDULE 1.1
SCHEDULE 1.1
Based on the Main Estimates 2021–22, the amount granted is $6, the items in the Main Estimates that are set out in this Schedule.
Sums granted to Her Majesty by this Act for the fiscal year ending Vote No.
Items CANADIAN BROADCASTING CORPORATION Société Radio-Canada
– Payments to the Corporation for operating expenditures DEPARTMENT OF AGRICULTURE AND AGRI-FOOD Ministère de l’Agriculture et de l’Agroalimentaire
– The grants listed in any of the Estimates for the fiscal ye – Contributions
DEPARTMENT OF EMPLOYMENT AND SOCIAL DEVELOPM Ministère de l’Emploi et du Développement social 1
– Operating expenditures
– Authority to make recoverable expenditures in relation the Canada Pension Plan and the Employment Insuranc
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela it incurs in that fiscal year — revenues that it receives in
(a) the provision of services to assist provinces in th provincial programs funded under Labour Market D ments;
(b) the provision of internal support services under s
(c) any amount charged to a Crown corporation und the Government Employees Compensation Act in re costs for subrogated claims for Crown corporations;
(d) the portion of the Government Employees Comp mental or agency subrogated claim settlements rela
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro r than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under se ment of Canada Act, to ministers of State who preside o DEPARTMENT OF FINANCE Ministère des Finances 1
– Program expenditures
– The grants listed in any of the Estimates for the fiscal ye – Contributions
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela it incurs in that fiscal year — revenues that it receives in the provision of internal support services under section
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro r than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under se ment of Canada Act, to ministers of State who preside o
2020-2021
Chapter 5: Appropriation Act No. 1, 2021–22 SCHEDULE 1.1
Vote No.
Items DEPARTMENT OF INDIGENOUS SERVICES Ministère des Services aux Autochtones
– Operating expenditures – Expenditures on works, buildings and equipment
– Authority to make expenditures — recoverable or other formed on property that is not federal property and on spect of that property
– Authority to provide, in respect of Indian and Inuit econ tivities, for the capacity development for Indians and In of materials and equipment – Authority to sell electric power to private consumers in alternative local sources of supply are not available, in and conditions approved by the Governor in Council
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela it incurs in that fiscal year — revenues that it receives in
(a) the provision of services or the sale of products r tion and medical services; and
(b) the provision of internal support services under s
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro r than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under se ment of Canada Act, to ministers of State who preside o DEPARTMENT OF INDUSTRY Ministère de l’Industrie 1
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp in that fiscal year — revenues that it receives in that fisc
(a) the provision of internal support services under s and the provision of internal support services to the Property Office;
(b) activities and operations related to communicatio Communications Research Centre;
(c) services and insolvency processes under the Ban Act at the Office of the Superintendent of Bankruptc
(d) activities and operations carried out by Corporat Canada Business Corporations Act, the Boards of Tr Cooperatives Act and the Canada Not-for-profit Corp
(e) services and regulatory processes for mergers an ters, including pre-merger notifications, advance rul written opinions, under the Competition Act at the C
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro r than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under se ment of Canada Act, to ministers of State who preside o 5
– Capital expenditures
– The grants listed in any of the Estimates for the fiscal ye – Contributions
2020-2021
Chapter 5: Appropriation Act No. 1, 2021–22 SCHEDULE 1.1
Vote No.
Items
DEPARTMENT OF PUBLIC WORKS AND GOVERNMENT SE Ministère des Travaux publics et des Services gouverne 1
– Operating expenditures for the provision of accommoda central services
– Authority to make recoverable expenditures in relation the Canada Pension Plan, the Employment Insurance A erty Management Act
– Authority to expend revenues that it receives during the from the provision of accommodation, common and ce
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp in that fiscal year — revenues that it receives in that fisc the provision of internal support services under section
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro r than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under se ment of Canada Act, to ministers of State who preside o DEPARTMENT OF TRANSPORT Ministère des Transports 1
– Operating expenditures
– Authority to make expenditures on other than federal pr of, or arising out of the exercise of jurisdiction in, aeron
– Authority for the payment of commissions for revenue c Aeronautics Act
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp in that fiscal year — revenues that it receives in that fisc the provision of internal support services under section
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro r than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under se ment of Canada Act, to ministers of State who preside o LIBRARY OF PARLIAMENT Bibliothèque du Parlement 1
– Program expenditures
– Authority to expend revenues that it receives in the fisca activities
NATURAL SCIENCES AND ENGINEERING RESEARCH COU Conseil de recherches en sciences naturelles et en géni 5
– The grants listed in any of the Estimates for the fiscal ye PRIVY COUNCIL OFFICE Bureau du Conseil privé
– Program expenditures, including
(a) operating expenditures of Commissions of Inquir vided for;
(b) contributions in respect of costs incurred by pers Commissions of Inquiry; and (c) the operation of the Prime Minister’s residence
2020-2021
Chapter 5: Appropriation Act No. 1, 2021–22 SCHEDULE 1.1
Vote No.
Items
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela it incurs in that fiscal year — revenues that it receives in
(a) the provision of intelligence analysis training; an
(b) the provision of internal support services under s
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro r than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under se ment of Canada Act, to ministers of State who preside o PUBLIC SERVICE COMMISSION Commission de la fonction publique 1
– Program expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp in that fiscal year — revenues that it receives in that fisc sion of staffing, assessment and counselling services a provision of internal support services under section 29. ROYAL CANADIAN MOUNTED POLICE Gendarmerie royale du Canada 1
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela it incurs in that fiscal year — revenues that it receives in ing from the provision of internal support services unde Act
SOCIAL SCIENCES AND HUMANITIES RESEARCH COUNC Conseil de recherches en sciences humaines 5
– The grants listed in any of the Estimates for the fiscal ye TREASURY BOARD SECRETARIAT Secrétariat du Conseil du Trésor
– Program expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp in that fiscal year — revenues that it receives in that fisc sion of internal support services under section 29.2 of t other activities
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro r than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under se ment of Canada Act, to ministers of State who preside o 10
Government-wide Initiatives
– Authority granted to the Treasury Board to supplement tion for the fiscal year in support of the implementation ment initiatives in the federal public administration VIA RAIL CANADA INC. VIA Rail Canada Inc. 1
– Payments to the corporation in respect of the costs of it – Payments to the corporation for capital expenditures
2020-2021
Chapter 5: Appropriation Act No. 1, 2021–22 SCHEDULE 1.1
Vote No.
Items
– Payments to the corporation for the provision of rail pas Canada in accordance with contracts entered into pursu (c)(i) of Transport Vote 52d, Appropriation Act No. 1, 19
2020-2021
Chapter 5: Appropriation Act No. 1, 2021–22 SCHEDULE 1.1 (French)
ANNEXE 1.1
D’après le Budget principal des dépenses 2021-2022, la somme ac des montants des postes de ce budget, figurant à la présente anne
Sommes accordées par la présente loi à Sa Majesté pour l’exercice dées.
No du crédit
Postes BIBLIOTHÈQUE DU PARLEMENT Library of Parliament
– Dépenses du programme
– Autorisation de dépenser les recettes perçues au co proviennent de ses activités BUREAU DU CONSEIL PRIVÉ Privy Council Office 1
– Dépenses du programme, y compris :
a) les dépenses de fonctionnement des commis prévues;
b) les contributions relatives aux frais engagés p comparaissant devant des commissions d’enqu
c) le fonctionnement de la résidence du premier
– Autorisation, au titre du paragraphe 29.1(2) de la Lo finances publiques, d’affecter, au cours de l’exercic des dépenses connexes engagées au cours de cet e perçues au cours de celui-ci qui proviennent de ce q
a) la formation en matière d’analyse du renseign
b) la prestation de services de soutien internes e 29.2 de cette loi.
– Versement, à chacun des membres du Conseil privé Canada qui occupe une charge de ministre sans po cupe une charge de ministre d’État sans être à la tê d’État, d’un traitement n’excédant pas celui versé, a les traitements, aux ministres d’État qui sont à la tê d’État, payable annuellement ou au prorata pour to d’un an et arrondi à la centaine de dollars inférieure l’article 67 de la Loi sur le Parlement du Canada COMMISSION DE LA FONCTION PUBLIQUE Public Service Commission 1
– Dépenses du programme
– Autorisation, au titre du paragraphe 29.1(2) de la Lo finances publiques, d’affecter, au cours de l’exercic des dépenses engagées au cours de cet exercice, le cours de celui-ci qui proviennent de la fourniture de de dotation, d’évaluation et de counseling et de la p de soutien internes en vertu de l’article 29.2 de cett
CONSEIL DE RECHERCHES EN SCIENCES HUMAINES Social Sciences and Humanities Research Council 5
– Subventions inscrites à tout budget des dépenses p
CONSEIL DE RECHERCHES EN SCIENCES NATURELLE Natural Sciences and Engineering Research Counci 5
– Subventions inscrites à tout budget des dépenses p
2020-2021
Chapter 5: Appropriation Act No. 1, 2021–22 SCHEDULE 1.1 (French)
No du crédit
Postes GENDARMERIE ROYALE DU CANADA Royal Canadian Mounted Police
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Lo finances publiques, d’affecter, au cours de l’exercic des dépenses connexes engagées au cours de cet e perçues au cours de celui-ci qui proviennent notam de services de soutien internes en vertu de l’article
MINISTÈRE DE L’AGRICULTURE ET DE L’AGROALIME Department of Agriculture and Agri-Food 10
– Subventions inscrites à tout budget des dépenses p – Contributions
MINISTÈRE DE L’EMPLOI ET DU DÉVELOPPEMENT SO Department of Employment and Social Developme 1
– Dépenses de fonctionnement
– Autorisation d’effectuer des dépenses recouvrables du Régime de pensions du Canada et de la Loi sur l
– Autorisation, au titre du paragraphe 29.1(2) de la Lo finances publiques, d’affecter, au cours de l’exercic des dépenses connexes engagées au cours de cet e perçues au cours de celui-ci qui proviennent de ce q
a) les services visant à aider les provinces à adm grammes provinciaux financés aux termes des e développement du marché du travail;
b) les services de soutien internes fournis en ver cette loi;
c) tout montant facturé à une société d’État en v de la Loi sur l’indemnisation des agents de l’Éta coûts de litige pour les recours par subrogation d’État;
d) la portion des coûts de litige découlant des rè mandes de réclamation auprès de tiers pour les ganismes faits en vertu de la Loi sur l’indemnisa l’État. –
Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po cupe une charge de ministre d’État sans être à la tê d’État, d’un traitement n’excédant pas celui versé, a les traitements, aux ministres d’État qui sont à la tê dʼÉtat, payable annuellement ou au prorata pour to d’un an et arrondi à la centaine de dollars inférieure lʼarticle 67 de la Loi sur le Parlement du Canada
MINISTÈRE DE L’INDUSTRIE Department of Industry 1
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Lo finances publiques, d’affecter, au cours de l’exercic des dépenses engagées au cours de cet exercice, le cours de celui-ci qui proviennent de ce qui suit :
a) la prestation de services de soutien internes e 29.2 de cette loi et de services de soutien interne priété intellectuelle du Canada;
2020-2021
Chapter 5: Appropriation Act No. 1, 2021–22 SCHEDULE 1.1 (French)
No du crédit
Postes
b) les activités liées aux recherches sur les comm de recherches sur les communications;
c) les services et la procédure d’insolvabilité, au faillite et l’insolvabilité, au Bureau du surintenda
d) les activités de Corporations Canada au titre d sur les sociétés par actions, de la Loi sur les cha de la Loi canadienne sur les coopératives et de l les organisations à but non lucratif;
e) les services et la procédure réglementaire au rence pour les fusions et toute chose s’y rapport avis préalables à une fusion, les certificats de dé avis consultatifs au titre de la Loi sur la concurre
– Versement, à chacun des membres du Conseil privé Canada qui occupe une charge de ministre sans po cupe une charge de ministre d’État sans être à la tê d’État, d’un traitement n’excédant pas celui versé, a les traitements, aux ministres d’État qui sont à la tê d’État, payable annuellement ou au prorata pour to d’un an et arrondi à la centaine de dollars inférieure l’article 67 de la Loi sur le Parlement du Canada 5
– Dépenses en capital
– Subventions inscrites à tout budget des dépenses p – Contributions MINISTÈRE DES FINANCES Department of Finance
– Dépenses du programme
– Subventions inscrites à tout budget des dépenses p – Contributions
– Autorisation, au titre du paragraphe 29.1(2) de la Lo finances publiques, d’affecter, au cours de l’exercic des dépenses connexes engagées au cours de cet e perçues au cours de celui-ci qui proviennent de la p de soutien internes en vertu de l’article 29.2 de cett
– Versement, à chacun des membres du Conseil privé Canada qui occupe une charge de ministre sans po cupe une charge de ministre d’État sans être à la tê d’État, d’un traitement n’excédant pas celui versé, a les traitements, aux ministres d’État qui sont à la tê dʼÉtat, payable annuellement ou au prorata pour to d’un an et arrondi à la centaine de dollars inférieure lʼarticle 67 de la Loi sur le Parlement du Canada MINISTÈRE DES SERVICES AUX AUTOCHTONES Department of Indigenous Services 1
– Dépenses de fonctionnement
– Dépenses relatives aux ouvrages, bâtiments et mat
– Autorisation d’effectuer des dépenses — recouvrab tives aux travaux effectués sur des propriétés n’app vernement fédéral et aux services fournis à l’égard
– Autorisation d’affecter des fonds dans le cadre d’ac progrès économique des Indiens et des Inuits, relat ment de la capacité des Indiens et des Inuits et à l’a matériaux et en matériel
– Autorisation de vendre de l’électricité, conforméme prouvées par le gouverneur en conseil, aux consom
2020-2021
Chapter 5: Appropriation Act No. 1, 2021–22 SCHEDULE 1.1 (French)
No du crédit
Postes
particuliers vivant dans des centres éloignés lorsqu pas accès aux sources alternatives locales d’approv
– Autorisation, au titre du paragraphe 29.1(2) de la Lo finances publiques, d’affecter, au cours de l’exercic des dépenses connexes engagées au cours de cet e perçues au cours de celui-ci qui proviennent de ce q
a) la prestation de services ou la vente de produ protection de la santé et aux services médicaux;
b) la prestation de services de soutien internes e 29.2 de cette loi.
– Versement, à chacun des membres du Conseil privé Canada qui occupe une charge de ministre sans po cupe une charge de ministre d’État sans être à la tê d’État, d’un traitement n’excédant pas celui versé, a les traitements, aux ministres d’État qui sont à la tê d’État, payable annuellement ou au prorata pour to d’un an et arrondi à la centaine de dollars inférieure l’article 67 de la Loi sur le Parlement du Canada MINISTÈRE DES TRANSPORTS Department of Transport 1
– Dépenses de fonctionnement
– Autorisation d’engager des dépenses pour des bien dans le cadre de l’exercice d’une compétence en m
– Autorisation de payer des commissions pour le reco en vertu de la Loi sur l’aéronautique
– Autorisation, au titre du paragraphe 29.1(2) de la Lo finances publiques, d’affecter, au cours de l’exercic des dépenses engagées au cours de cet exercice, le cours de celui-ci qui proviennent notamment de la de soutien internes en vertu de l’article 29.2 de cett
– Versement, à chacun des membres du Conseil privé Canada qui occupe une charge de ministre sans po cupe une charge de ministre d’État sans être à la tê d’État, d’un traitement n’excédant pas celui versé, a les traitements, aux ministres d’État qui sont à la tê dʼÉtat, payable annuellement ou au prorata pour to d’un an et arrondi à la centaine de dollars inférieure lʼarticle 67 de la Loi sur le Parlement du Canada
MINISTÈRE DES TRAVAUX PUBLICS ET DES SERVICE GOUVERNEMENTAUX Department of Public Works and Government Serv 1
– Dépenses de fonctionnement pour la prestation de des locaux et de services communs et centraux
– Autorisation d’effectuer des dépenses recouvrables du Régime de pensions du Canada, de la Loi sur l’a de la Loi sur l’administration des biens saisis
– Autorisation de dépenser les recettes perçues au co proviennent de la prestation de services de gestion vices communs et centraux
– Autorisation, au titre du paragraphe 29.1(2) de la Lo finances publiques, d’affecter, au cours de l’exercic des dépenses engagées au cours de cet exercice, le cours de celui-ci qui proviennent notamment de la de soutien internes en vertu de l’article 29.2 de cett
2020-2021
Chapter 5: Appropriation Act No. 1, 2021–22 SCHEDULE 1.1 (French)
No du crédit
Postes
– Versement, à chacun des membres du Conseil privé Canada qui occupe une charge de ministre sans po cupe une charge de ministre d’État sans être à la tê d’État, d’un traitement n’excédant pas celui versé, a les traitements, aux ministres d’État qui sont à la tê d’État, payable annuellement ou au prorata pour to d’un an et arrondi à la centaine de dollars inférieure l’article 67 de la Loi sur le Parlement du Canada SECRÉTARIAT DU CONSEIL DU TRÉSOR Treasury Board Secretariat 1
– Dépenses du programme
– Autorisation, au titre du paragraphe 29.1(2) de la Lo finances publiques, d’affecter, au cours de l’exercic des dépenses engagées au cours de cet exercice, le cours de celui-ci qui proviennent de la prestation de internes en vertu de l’article 29.2 de cette loi et de s
– Versement, à chacun des membres du Conseil privé Canada qui occupe une charge de ministre sans po cupe une charge de ministre d’État sans être à la tê d’État, d’un traitement n’excédant pas celui versé, a les traitements, aux ministres d’État qui sont à la tê d’État, payable annuellement ou au prorata pour to d’un an et arrondi à la centaine de dollars inférieure l’article 67 de la Loi sur le Parlement du Canada 10
Initiatives pangouvernementales
– Autorisation donnée au Conseil du Trésor d’augmen dé pour l’exercice, pour appuyer la mise en œuvre prises dans l’administration publique fédérale en m stratégique SOCIÉTÉ RADIO-CANADA Canadian Broadcasting Corporation 1
– Paiements à la Société pour les dépenses de fonctio VIA RAIL CANADA INC. VIA Rail Canada Inc.
– Paiements à la société pour les dépenses liées à sa
– Paiements à la société pour les dépenses en capital
– Paiements à la société en vue de la prestation d’un Canada, conformément aux contrats conclus en ver du crédit 52d (Transports) de la Loi no 1 de 1977 po crédits
2020-2021
Chapter 5: Appropriation Act No. 1, 2021–22 SCHEDULE 1.2
SCHEDULE 1.2
Based on the Main Estimates 2021–22, the amount granted is $3 the items in the Main Estimates that are set out in this Schedule.
Sums granted to Her Majesty by this Act for the fiscal year ending Vote No.
Items CANADA COUNCIL FOR THE ARTS Conseil des Arts du Canada
– Payments to the Council to be used for the furtherance section 8 of the Canada Council for the Arts Act
CANADIAN AIR TRANSPORT SECURITY AUTHORITY Administration canadienne de la sûreté du transport aé 1
– Payments to the Authority for operating and capital exp
CANADIAN HIGH ARCTIC RESEARCH STATION Station canadienne de recherche dans l’Extrême-Arctiq 1
– Program expenditures
– The grants listed in any of the Estimates for the fiscal ye – Contributions CANADIAN SPACE AGENCY Agence spatiale canadienne 10
– The grants listed in any of the Estimates for the fiscal ye – Contributions DEPARTMENT OF CITIZENSHIP AND IMMIGRATION Ministère de la Citoyenneté et de l’Immigration
– The grants listed in any of the Estimates for the fiscal ye
– Contributions, including the provision of goods and ser DEPARTMENT OF FISHERIES AND OCEANS Ministère des Pêches et des Océans 10
– The grants listed in any of the Estimates for the fiscal ye – Contributions DEPARTMENT OF VETERANS AFFAIRS Ministère des Anciens Combattants
– The grants listed in any of the Estimates for the fiscal ye amount listed for any grant may be increased or decrea proval of the Treasury Board – Contributions
NATIONAL SECURITY AND INTELLIGENCE REVIEW AGEN Secrétariat de l’Office de surveillance des activités en m nationale et de renseignement 1
– Program expenditures OFFICE OF THE PARLIAMENTARY BUDGET OFFICER Bureau du directeur parlementaire du budget
– Program expenditures THE FEDERAL BRIDGE CORPORATION LIMITED La Société des ponts fédéraux Limitée
2020-2021
– Payments to the Corporation
Chapter 5: Appropriation Act No. 1, 2021–22 SCHEDULE 1.2 (French)
ANNEXE 1.2
D’après le Budget principal des dépenses 2021-2022, la somme ac montants des postes de ce budget, figurant à la présente annexe.
Sommes accordées par la présente loi à Sa Majesté pour l’exercice dées. No du crédit
Postes
ADMINISTRATION CANADIENNE DE LA SÛRETÉ DU TRAN Canadian Air Transport Security Authority 1
– Paiements à l’Administration pour les dépenses de fonc penses en capital AGENCE SPATIALE CANADIENNE Canadian Space Agency
– Subventions inscrites à tout budget des dépenses pour – Contributions BUREAU DU DIRECTEUR PARLEMENTAIRE DU BUDGET Office of the Parliamentary Budget Officer
– Dépenses du programme CONSEIL DES ARTS DU CANADA Canada Council for the Arts
– Paiements au Conseil devant servir aux fins générales p la Loi sur le Conseil des Arts du Canada LA SOCIÉTÉ DES PONTS FÉDÉRAUX LIMITÉE The Federal Bridge Corporation Limited
– Paiements à la Société MINISTÈRE DE LA CITOYENNETÉ ET DE L’IMMIGRATION Department of Citizenship and Immigration
– Subventions inscrites à tout budget des dépenses pour
– Contributions, y compris la fourniture de biens et servic MINISTÈRE DES ANCIENS COMBATTANTS Department of Veterans Affairs 5
– Subventions inscrites à tout budget des dépenses pour inscrit à chacune des subventions pouvant être modifié probation du Conseil du Trésor – Contributions MINISTÈRE DES PÊCHES ET DES OCÉANS Department of Fisheries and Oceans
– Subventions inscrites à tout budget des dépenses pour – Contributions
SECRÉTARIAT DE L’OFFICE DE SURVEILLANCE DES ACTIV SÉCURITÉ NATIONALE ET DE RENSEIGNEMENT National Security and Intelligence Review Agency Secre 1
– Dépenses du programme
STATION CANADIENNE DE RECHERCHE DANS L’EXTRÊM Canadian High Arctic Research Station 1
– Dépenses du programme – Subventions inscrites à tout budget des dépenses pour
2020-2021
Chapter 5: Appropriation Act No. 1, 2021–22 SCHEDULE 1.2 (French)
No du crédit
Postes – Contributions
2020-2021
Chapter 5: Appropriation Act No. 1, 2021–22 SCHEDULE 1.3
SCHEDULE 1.3
Based on the Main Estimates 2021–22, the amount granted is $2 the items in the Main Estimates that are set out in this Schedule.
Sums granted to Her Majesty by this Act for the fiscal year ending Vote No.
Items
ADMINISTRATIVE TRIBUNALS SUPPORT SERVICE OF CAN Service canadien d’appui aux tribunaux administratifs 1
– Program expenditures
– Authority to make recoverable expenditures in relation the Canada Pension Plan and the Employment Insuranc CANADA MORTGAGE AND HOUSING CORPORATION Société canadienne d’hypothèques et de logement 1
– Payments to reimburse the Corporation for the amount grants, contributions and expenditures made, and losse incurred, (a) under the National Housing Act; or
(b) in the course of the exercise of powers or the car functions conferred on the Corporation under any o in accordance with the Corporation’s authority unde and Housing Corporation Act DEPARTMENT FOR WOMEN AND GENDER EQUALITY Ministère des Femmes et de l’Égalité des genres 5
– The grants listed in any of the Estimates for the fiscal ye – Contributions
FEDERAL ECONOMIC DEVELOPMENT AGENCY FOR SOUT Agence fédérale de développement économique pour l 5
– The grants listed in any of the Estimates for the fiscal ye – Contributions OFFICE OF INFRASTRUCTURE OF CANADA Bureau de l’infrastructure du Canada
– Operating expenditures
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro r than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under se ment of Canada Act, to ministers of State who preside SHARED SERVICES CANADA Services partagés Canada 1
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp in that fiscal year from the provision of information tec the Shared Services Canada Act — revenues that it rece from the provision of those services 5
– Capital expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset cap it incurs in that fiscal year — revenues that it receives in the provision of information technology services under Canada Act
2020-2021
Chapter 5: Appropriation Act No. 1, 2021–22 SCHEDULE 1.3 (French)
ANNEXE 1.3
D’après le Budget principal des dépenses 2021-2022, la somme ac montants des postes de ce budget, figurant à la présente annexe.
Sommes accordées par la présente loi à Sa Majesté pour l’exercice dées. No du crédit
Postes
AGENCE FÉDÉRALE DE DÉVELOPPEMENT ÉCONOMIQUE L’ONTARIO Federal Economic Development Agency for Southern O 5
– Subventions inscrites à tout budget des dépenses pour – Contributions BUREAU DE L’INFRASTRUCTURE DU CANADA Office of Infrastructure of Canada
– Dépenses de fonctionnement
– Versement, à chacun des membres du Conseil privé de Canada qui occupe une charge de ministre sans portefe une charge de ministre d’État sans être à la tête d’un dé d’un traitement n’excédant pas celui versé, au titre de la ments, aux ministres d’État qui sont à la tête d’un dépa payable annuellement ou au prorata pour toute période arrondi à la centaine de dollars inférieure en application Loi sur le Parlement du Canada MINISTÈRE DES FEMMES ET DE L’ÉGALITÉ DES GENRES Department for Women and Gender Equality 5
– Subventions inscrites à tout budget des dépenses pour – Contributions
SERVICE CANADIEN D’APPUI AUX TRIBUNAUX ADMINIS Administrative Tribunals Support Service of Canada 1
– Dépenses du programme
– Autorisation d’effectuer des dépenses recouvrables liée Régime de pensions du Canada et de la Loi sur l’assura SERVICES PARTAGÉS CANADA Shared Services Canada 1
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Loi sur nances publiques, d’affecter, au cours de l’exercice, à la dépenses engagées au cours de cet exercice pour la pre de technologie de l’information au titre de la Loi sur Se Canada, les recettes perçues au cours de celui-ci qui pro tation de ces services 5
– Dépenses en capital
– Autorisation, au titre du paragraphe 29.1(2) de la Loi sur nances publiques, d’affecter, au cours de l’exercice, à la dépenses en capital engagées au cours de cet exercice, au cours de celui-ci qui proviennent de la prestation de gie de l’information au titre de la Loi sur Services parta
SOCIÉTÉ CANADIENNE D’HYPOTHÈQUES ET DE LOGEME Canada Mortgage and Housing Corporation 1
2020-2021
– Paiements à la Société visant à la rembourser pour les r elle sur les prêts consentis, les subventions et contribut penses contractées, les pertes subies et les frais et débo le cas :
Chapter 5: Appropriation Act No. 1, 2021–22 SCHEDULE 1.3 (French)
No du crédit
Postes a) au titre de la Loi nationale sur l’habitation;
b) dans le cadre des attributions qui lui sont conféré fédérale et qu’elle exerce en conformité avec la Loi s dienne d’hypothèques et de logement.
2020-2021
Chapter 5: Appropriation Act No. 1, 2021–22 SCHEDULE 1.4
SCHEDULE 1.4
Based on the Main Estimates 2021–22, the amount granted is $4 the items in the Main Estimates that are set out in this Schedule.
Sums granted to Her Majesty by this Act for the fiscal year ending Vote No.
Items
CANADIAN CENTRE FOR OCCUPATIONAL HEALTH AND S Centre canadien d’hygiène et de sécurité au travail 1
– Program expenditures CANADIAN NUCLEAR SAFETY COMMISSION Commission canadienne de sûreté nucléaire
– Program expenditures
– The grants listed in any of the Estimates for the fiscal ye – Contributions STATISTICS CANADA Statistique Canada 1
– Program expenditures
– The grants listed in any of the Estimates for the fiscal ye
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela it incurs in that fiscal year — revenues that it receives in ing from the provision of internal support services und Act
2020-2021
Chapter 5: Appropriation Act No. 1, 2021–22 SCHEDULE 1.4 (French)
ANNEXE 1.4
D’après le Budget principal des dépenses 2021-2022, la somme ac montants des postes de ce budget, figurant à la présente annexe.
Sommes accordées par la présente loi à Sa Majesté pour l’exercice dées. No du crédit
Postes
CENTRE CANADIEN D’HYGIÈNE ET DE SÉCURITÉ AU TRA Canadian Centre for Occupational Health and Safety 1
– Dépenses du programme COMMISSION CANADIENNE DE SÛRETÉ NUCLÉAIRE Canadian Nuclear Safety Commission
– Dépenses du programme – Subventions inscrites à tout budget des dépenses pour – Contributions STATISTIQUE CANADA Statistics Canada
– Dépenses du programme – Subventions inscrites à tout budget des dépenses pour
– Autorisation, au titre du paragraphe 29.1(2) de la Loi sur nances publiques, d’affecter, au cours de l’exercice, à la dépenses connexes engagées au cours de cet exercice, au cours de celui-ci qui proviennent notamment de la p de soutien internes en vertu de l’article 29.2 de cette loi
2020-2021
Chapter 5: Appropriation Act No. 1, 2021–22 SCHEDULE 1.5
SCHEDULE 1.5
Based on the Main Estimates 2021–22, the amount granted is $2, the items in the Main Estimates that are set out in this Schedule.
Sums granted to Her Majesty by this Act for the fiscal year ending Vote No.
Items
DEPARTMENT OF EMPLOYMENT AND SOCIAL DEVELOPM Ministère de l’Emploi et du Développement social 5
– The grants listed in any of the Estimates for the fiscal ye – Contributions DEPARTMENT OF JUSTICE Ministère de la Justice
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp in that fiscal year — revenues that it receives in that fisc
(a) the provision of mandatory legal services to fede agencies;
(b) the provision to Crown corporations, non-federa ternational organizations of optional legal services t the Department’s mandate; and
(c) the provision of internal support services under s
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro r than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under se ment of Canada Act, to ministers of State who preside
2020-2021
Chapter 5: Appropriation Act No. 1, 2021–22 SCHEDULE 1.5 (French)
ANNEXE 1.5
D’après le Budget principal des dépenses 2021-2022, la somme ac montants des postes de ce budget, figurant à la présente annexe.
Sommes accordées par la présente loi à Sa Majesté pour l’exercice dées. No du crédit
Postes MINISTÈRE DE LA JUSTICE Department of Justice
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Loi sur nances publiques, d’affecter, au cours de l’exercice, à la dépenses engagées au cours de cet exercice, les recette de celui-ci qui proviennent de ce qui suit :
a) les services juridiques fournis de manière obligato organismes fédéraux;
b) les services juridiques — conformes au mandat d de manière facultative à des sociétés d’État et à des dérales ou internationales;
c) les services de soutien internes fournis en vertu d cette loi.
– Versement, à chacun des membres du Conseil privé de Canada qui occupe une charge de ministre sans portefe une charge de ministre d’État sans être à la tête d’un dé d’un traitement n’excédant pas celui versé, au titre de la ments, aux ministres d’État qui sont à la tête d’un dépa payable annuellement ou au prorata pour toute période arrondi à la centaine de dollars inférieure en application Loi sur le Parlement du Canada
MINISTÈRE DE L’EMPLOI ET DU DÉVELOPPEMENT SOCIA Department of Employment and Social Development 5
– Subventions inscrites à tout budget des dépenses pour – Contributions
2020-2021
Chapter 5: Appropriation Act No. 1, 2021–22 SCHEDULE 1.6
SCHEDULE 1.6
Based on the Main Estimates 2021–22, the amount granted is $11 the items in the Main Estimates that are set out in this Schedule.
Sums granted to Her Majesty by this Act for the fiscal year ending Vote No.
Items DEPARTMENT OF CANADIAN HERITAGE Ministère du Patrimoine canadien
– The grants listed in any of the Estimates for the fiscal ye – Contributions
DEPARTMENT OF CROWN-INDIGENOUS RELATIONS AND Ministère des Relations Couronne-Autochtones et des A 10
– The grants listed in any of the Estimates for the fiscal ye – Contributions DEPARTMENT OF INDIGENOUS SERVICES Ministère des Services aux Autochtones
– The grants listed in any of the Estimates for the fiscal ye
– Contributions, in the form of monetary payments or the services ROYAL CANADIAN MOUNTED POLICE Gendarmerie royale du Canada 10
– The grants listed in any of the Estimates for the fiscal ye amount listed for any grant may be increased or decrea proval of the Treasury Board – Contributions
2020-2021
Chapter 5: Appropriation Act No. 1, 2021–22 SCHEDULE 1.6 (French)
ANNEXE 1.6
D’après le Budget principal des dépenses 2021-2022, la somme a des montants des postes de ce budget, figurant à la présente anne
Sommes accordées par la présente loi à Sa Majesté pour l’exercice dées. No du crédit
Postes GENDARMERIE ROYALE DU CANADA Royal Canadian Mounted Police
– Subventions inscrites à tout budget des dépenses pour prévu pour chaque subvention pouvant être modifié so bation du Conseil du Trésor – Contributions
MINISTÈRE DES RELATIONS COURONNE-AUTOCHTONES DU NORD Department of Crown-Indigenous Relations and Northe 10
– Subventions inscrites à tout budget des dépenses pour – Contributions MINISTÈRE DES SERVICES AUX AUTOCHTONES Department of Indigenous Services
– Subventions inscrites à tout budget des dépenses pour
– Contributions, sous forme de paiements en argent ou d ou de services MINISTÈRE DU PATRIMOINE CANADIEN Department of Canadian Heritage 5
– Subventions inscrites à tout budget des dépenses pour – Contributions
2020-2021
Chapter 5: Appropriation Act No. 1, 2021–22 SCHEDULE 1.7
SCHEDULE 1.7
Based on the Main Estimates 2021–22, the amount granted is $13 of the items in the Main Estimates that are set out in this Schedul
Sums granted to Her Majesty by this Act for the fiscal year ending Vote No.
Items
CANADIAN ACCESSIBILITY STANDARDS DEVELOPMENT Organisation canadienne d’élaboration de normes d’ac 5
– The grants listed in any of the Estimates for the fiscal ye – Contributions
DEPARTMENT OF CROWN-INDIGENOUS RELATIONS AND Ministère des Relations Couronne-Autochtones et des A 1
– Operating expenditures – Expenditures on works, buildings and equipment
– Authority to make expenditures — recoverable or other formed on property that is not federal property and on spect of that property
– Authority to provide, in respect of Indian and Inuit econ tivities, for the capacity development for Indians and In of materials and equipment – Authority to sell electric power to private consumers in alternative local sources of supply are not available, in and conditions approved by the Governor in Council
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela it incurs in that fiscal year — revenues that it receives in the provision of internal support services under section
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro r than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under se ment of Canada Act, to ministers of State who preside DEPARTMENT OF HEALTH Ministère de la Santé 1
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp in that fiscal year — revenues that it receives in that fisc
(a) the provision of services or the sale of products r well-being and to regulatory activities; and
(b) the provision of internal support services under s
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro r than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under se ment of Canada Act, to ministers of State who preside 10
– The grants listed in any of the Estimates for the fiscal ye
– Contributions, in the form of monetary payments or the services DEPARTMENT OF INDIGENOUS SERVICES Ministère des Services aux Autochtones 5
2020-2021
– Capital expenditures
Chapter 5: Appropriation Act No. 1, 2021–22 SCHEDULE 1.7
Vote No.
Items – Expenditures on buildings, works, land and equipment and ownership of which
(a) may be transferred to provincial governments on approved by the Governor in Council; or
(b) may be transferred to Indian bands, groups of In dians at the discretion of the Minister of Indigenous – Expenditures on buildings, works, land and equipment federal property
– Authority to make recoverable expenditures on roads a amounts not exceeding the shares of provincial govern LEADERS’ DEBATES COMMISSION Commission des débats des chefs 1
– Program expenditures PUBLIC HEALTH AGENCY OF CANADA Agence de la santé publique du Canada
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp in that fiscal year — revenues that it receives in that fisc of products, the provision of inspection services and th support services under section 29.2 of that Act 5
– Capital expenditures
– The grants listed in any of the Estimates for the fiscal ye amount listed for any grant may be increased or decrea proval of the Treasury Board – Contributions TREASURY BOARD SECRETARIAT Secrétariat du Conseil du Trésor
Government Contingencies
– Authority granted to the Treasury Board to supplement tion
– Authority granted to the Treasury Board to provide for m or unforeseen expenditures not otherwise provided for provision of new grants and contributions or for increa grants listed in any of the Estimates for the fiscal year — penditures are within the legal mandate of the departm tions for which they are made – Authority to reuse any sums allotted and repaid to this er appropriations
2020-2021
Chapter 5: Appropriation Act No. 1, 2021–22 SCHEDULE 1.7 (French)
ANNEXE 1.7
D’après le Budget principal des dépenses 2021-2022, la somme a des montants des postes de ce budget, figurant à la présente anne
Sommes accordées par la présente loi à Sa Majesté pour l’exercice dées. No du crédit
Postes AGENCE DE LA SANTÉ PUBLIQUE DU CANADA Public Health Agency of Canada
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Loi sur nances publiques, d’affecter, au cours de l’exercice, à la dépenses engagées au cours de cet exercice, les recette de celui-ci qui proviennent de la vente de produits, de l vices d’inspection et de la prestation de services de sou de l’article 29.2 de cette loi 5
– Dépenses en capital
– Subventions inscrites à tout budget des dépenses pour prévu pour chaque subvention pouvant être modifié so bation du Conseil du Trésor – Contributions COMMISSION DES DÉBATS DES CHEFS Leaders’ Debates Commission
– Dépenses du programme MINISTÈRE DE LA SANTÉ Department of Health
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Loi su nances publiques, d’affecter, au cours de l’exercice, à la dépenses engagées au cours de cet exercice, les recette de celui-ci qui proviennent de ce qui suit :
a) la prestation de services – ou la vente de produits santé, au bien-être et aux activités de réglementatio
b) la prestation de services de soutien internes en ve de cette loi.
– Versement, à chacun des membres du Conseil privé de Canada qui occupe une charge de ministre sans portefe une charge de ministre d’État sans être à la tête d’un dé d’un traitement n’excédant pas celui versé, au titre de la ments, aux ministres d’État qui sont à la tête d’un dépa payable annuellement ou au prorata pour toute période arrondi à la centaine de dollars inférieure en application Loi sur le Parlement du Canada 10
– Subventions inscrites à tout budget des dépenses pour
– Contributions, sous forme de paiements en argent ou d ou de services
MINISTÈRE DES RELATIONS COURONNE-AUTOCHTONES DU NORD Department of Crown-Indigenous Relations and Northe 1
– Dépenses de fonctionnement
– Dépenses relatives aux ouvrages, bâtiments et matériel
– Autorisation d’effectuer des dépenses — recouvrables o aux travaux effectués sur des propriétés n’appartenant fédéral et aux services fournis à l’égard de celles-ci
2020-2021
Chapter 5: Appropriation Act No. 1, 2021–22 SCHEDULE 1.7 (French)
No du crédit
Postes
– Autorisation d’affecter des fonds dans le cadre d’activité grès économique des Indiens et des Inuits, relatives au capacité des Indiens et des Inuits et à l’approvisionnem en matériel
– Autorisation de vendre de l’électricité, conformément au vées par le gouverneur en conseil, aux consommateurs liers vivant dans des centres éloignés lorsque ces derni aux sources alternatives locales d’approvisionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Loi su nances publiques, d’affecter, au cours de l’exercice, à la dépenses connexes engagées au cours de cet exercice, au cours de celui-ci qui proviennent de la prestation de internes en vertu de l’article 29.2 de cette loi
– Versement, à chacun des membres du Conseil privé de Canada qui occupe une charge de ministre sans portefe une charge de ministre d’État sans être à la tête d’un dé d’un traitement n’excédant pas celui versé, au titre de la ments, aux ministres d’État qui sont à la tête d’un dépa payable annuellement ou au prorata pour toute période arrondi à la centaine de dollars inférieure en application Loi sur le Parlement du Canada MINISTÈRE DES SERVICES AUX AUTOCHTONES Department of Indigenous Services 5
– Dépenses en capital
– Dépenses relatives aux bâtiments, ouvrages, terrains et tion, le contrôle et la propriété peuvent être transférés :
a) soit aux gouvernements provinciaux, selon les co par le gouverneur en conseil;
b) soit à des bandes indiennes ou à des Indiens, à tit lier, à la discrétion du ministre des Services aux Aut
– Dépenses relatives aux bâtiments, ouvrages, terrains et l’égard de propriétés n’appartenant pas au gouverneme
– Autorisation d’effectuer des dépenses recouvrables pou dépassant pas la part des frais assumés par les gouvern pour des routes et ouvrages connexes
ORGANISATION CANADIENNE D’ÉLABORATION DE NORM D’ACCESSIBILITÉ Canadian Accessibility Standards Development Organiz 5
– Subventions inscrites à tout budget des dépenses pour – Contributions SECRÉTARIAT DU CONSEIL DU TRÉSOR Treasury Board Secretariat
Dépenses éventuelles du gouvernement – Autorisation donnée au Conseil du Trésor d’augmenter
– Autorisation donnée au Conseil du Trésor de payer pou urgentes ou imprévues — auxquelles il n’est pas pourv tamment pour lʼoctroi de nouvelles subventions ou con mentation du montant de toute subvention prévue dan penses pour l’exercice, dans la mesure où ces dépense mandat du ministère ou de l’organisme pour lequel cel
– Autorisation de réemployer les sommes affectées à des d’autres crédits et versées au présent crédit
2020-2021
Chapter 5: Appropriation Act No. 1, 2021–22 SCHEDULE 1.8
SCHEDULE 1.8
Based on the Main Estimates 2021–22, the amount granted is $3, in the Main Estimates that are set out in this Schedule.
Sums granted to Her Majesty by this Act for the fiscal year ending Vote No.
Items DEPARTMENT OF FINANCE Ministère des Finances
– Pursuant to subsection 8(2) of the Bretton Woods and R Act, the amount of financial assistance provided by the the International Development Association is not to exc the fiscal year 2021–22
DEPARTMENT OF FOREIGN AFFAIRS, TRADE AND DEVEL Ministère des Affaires étrangères, du Commerce et du 20
– Pursuant to subsection 12(2) of the International Develo tutions) Assistance Act, the amount of financial assistan Minister of Foreign Affairs, in consultation with the Min way of direct payments for the purpose of contribution financial institutions may not exceed $257,361,748 in th
L25
– Pursuant to subsection 12(2) of the International Develo tutions) Assistance Act, the amount of financial assistan Minister of Foreign Affairs, in consultation with the Min way of the purchase of shares of international financial exceed $34,093,654 in United States dollars in the fisca is estimated in Canadian dollars at $49,435,453
2020-2021
Chapter 5: Appropriation Act No. 1, 2021–22 SCHEDULE 1.8 (French)
ANNEXE 1.8
D’après le Budget principal des dépenses 2021-2022, la somme acc des postes de ce budget, figurant à la présente annexe.
Sommes accordées par la présente loi à Sa Majesté pour l’exercice dées. No du crédit
Postes
MINISTÈRE DES AFFAIRES ÉTRANGÈRES, DU COMMERCE DÉVELOPPEMENT Department of Foreign Affairs, Trade and Development 20
– Aide financière fournie par le ministre des Affaires étran tion avec le ministre des Finances, à titre de contributio financières internationales pour l’exercice 2021-2022, q paragraphe 12(2) de la Loi d’aide au développement int tions financières), ne dépasse pas 257 361 748 $
L25
– Achat d’actions d’institutions financières internationales 2021-2022 pour une somme d’au plus 34 093 654 $ US — 49 435 453 $ CAN —, effectué en conformité avec le par Loi d’aide au développement international (institutions à l’aide financière fournie par le ministre des Affaires ét tation avec le ministre des Finances MINISTÈRE DES FINANCES Department of Finance
2020-2021
– Aide financière fournie par le ministre des Finances à l’A nale de développement, en vertu du paragraphe 8(2) de cords de Bretton Woods et des accords connexes n’exc 423 240 000 $ pour l’exercice 2021-2022
Chapter 5: Appropriation Act No. 1, 2021–22 SCHEDULE 2
SCHEDULE 2
Based on the Main Estimates 2021–22, the amount granted is $1, the items in the Main Estimates that are set out in this Schedule.
Sums granted to Her Majesty by this Act for the fiscal year endin following fiscal year ending March 31, 2023 and the purposes for w Vote No.
Items CANADA BORDER SERVICES AGENCY Agence des services frontaliers du Canada
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the Fi tration Act, to expend in the fiscal year — in order to off that it incurs in that fiscal year — revenues that it receiv year from
(a) fees, related to border operations, for the provisio the use of a facility or for a product, right or privilege
(b) payments received under contracts entered into b 5
– Capital expenditures CANADA REVENUE AGENCY Agence du revenu du Canada
– Operating expenditures
– The grants listed in any of the Estimates for the fiscal ye – Contributions
– Authority to make recoverable expenditures in relation t of the Canada Pension Plan and the Employment Insura 5
– Capital expenditures
– Authority to make recoverable expenditures in relation t of the Canada Pension Plan and the Employment Insura
2020-2021
Chapter 5: Appropriation Act No. 1, 2021–22 SCHEDULE 2 (French)
ANNEXE 2
D’après le Budget principal des dépenses 2021-2022, la somme acc montants des postes de ce budget, figurant à la présente annexe.
Sommes accordées par la présente loi à Sa Majesté pour l’exercice en cours et à l’exercice suivant se terminant le 31 mars 2023, et fin No du crédit
Postes AGENCE DES SERVICES FRONTALIERS DU CANADA Canada Border Services Agency
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Loi sur nances publiques, d’affecter, au cours de l’exercice, à la dépenses engagées au cours de cet exercice, les recette de celui-ci qui proviennent de ce qui suit :
a) les droits — liés aux activités à la frontière — perç d’un service, l’utilisation d’une installation, l’achat d cice d’un droit ou d’un privilège;
b) les paiements reçus au titre de contrats conclus p 5
– Dépenses en capital AGENCE DU REVENU DU CANADA Canada Revenue Agency
– Dépenses de fonctionnement – Subventions inscrites à tout budget des dépenses pour – Contributions
– Autorisation d’effectuer des dépenses recouvrables liée Régime de pensions du Canada et de la Loi sur l’assura 5
– Dépenses en capital
– Autorisation d’effectuer des dépenses recouvrables liée Régime de pensions du Canada et de la Loi sur l’assura
Published under authority of the Speaker of the House of Commons 2020-2021
Disponible sur le site Web de la Chambre des comm
|
Second Session, Forty-third Parliament, 69-70 Elizabeth II, 2020-2021
STATUTES OF CANADA 2021
CHAPTER 10
An Act to amend the Offshore Health and Safety Act
ASSENTED TO JUNE 3, 2021 BILL S-3
SUMMARY This enactment amends the Offshore Health and Safety Act to postpone the repeal of its transitional regulations.
ii
69-70 ELIZABETH II
CHAPTER 10
An Act to amend the Offshore Health and Safety Act
[Assented to 3rd June, 2021] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 2014, c. 13
Offshore Health and Safety Act 2018, c. 27, s. 179
1 Subsection 53(5) of the Offshore Health and Safety Act is replaced by the following:
Repeal (5) Unless repealed on an earlier date, the
Canada–Newfoundland and Labrador Offshore Marine Installations and Structures Occupational Health and Safety Transitional Regulations, the Canada–Newfoundland and Labrador Offshore Marine Installations and Structures Transitional Regulations and the Canada–Newfoundland and Labrador Offshore Area Diving Operations Safety Transitional Regulations are repealed on the expiry of seven years after the day on which this section comes into force.
2018, c. 27, s.180
2 Subsection 92(5) of the Act is replaced by the following:
Repeal (5) Unless repealed on an earlier date, the
Canada–Nova Scotia Offshore Marine Installations and Structures Occupational Health and Safety Transitional Regulations, the Canada– Nova Scotia Offshore Marine Installations and Structures Transitional Regulations and the
2020-2021
Chapter 10: An Act to amend the Offshore Health and Safety Act Offshore Health and Safety Act Sections 2-3
Canada–Nova Scotia Offshore Area Diving Operations Safety Transitional Regulations are repealed on the expiry of seven years after the day on which this section comes into force.
Coordinating Amendments This Act 3 If this Act receives royal assent during the period beginning on January 1, 2021 and ending on December 31, 2021, then (a) sections 1 and 2 are deemed not to have come into force and are repealed; (b) the Offshore Health and Safety Act is amended by adding the following after section 53:
Revival of transitional regulations 53.1 (1) The Canada–Newfoundland and Labrador Offshore Marine Installations and Structures Occupational Health and Safety Transitional Regulations, the Canada–Newfoundland and Labrador Offshore Marine Installations and Structures Transitional Regulations and the Canada–Newfoundland and Labrador Offshore Area Diving Operations Safety Transitional Regulations, as they read immediately before they were repealed on December 31, 2020, are revived on January 1, 2021.
Repeal (2) The regulations that are revived under subsection (1) are repealed on December 31, 2021, unless they are repealed on an earlier date following their revival under this section.
Offences (3) No person shall be convicted of an offence under a provision of a regulation revived under subsection (1) if the offence was committed during the period beginning on January 1, 2021 and ending on the day before the day on which this section comes into force. (c) the Act is amended by adding the following after section 92:
2020-2021
Chapter 10: An Act to amend the Offshore Health and Safety Act Coordinating Amendments Section 3
Revival of transitional regulations 92.1 (1) The Canada–Nova Scotia Offshore Marine Installations and Structures Occupational Health and Safety Transitional Regulations, the Canada–Nova Scotia Offshore Marine Installations and Structures Transitional Regulations and the Canada–Nova Scotia Offshore Area Diving Operations Safety Transitional Regulations, as they read immediately before they were repealed on December 31, 2020, are revived on January 1, 2021.
Repeal (2) The regulations that are revived under subsection (1) are repealed on December 31, 2021, unless they are repealed on an earlier date following their revival under this section. Offences (3) No person shall be convicted of an offence under a provision of a regulation revived under subsection (1) if the offence was committed during the period beginning on January 1, 2021 and ending on the day before the day on which this section comes into force.
Published under authority of the Senate of Canada 2020-2021
Disponible sur le site Web du Sénat du Canad
|
Second Session, Forty-third Parliament, 69-70 Elizabeth II, 2020-2021
STATUTES OF CANADA 2021
CHAPTER 1
An Act to implement the Agreement on Trade Continuity between Canada and the United Kingdom of Great Britain and Northern Ireland
ASSENTED TO MARCH 17, 2021 BILL C-18
RECOMMENDATION Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act to implement the Agreement on Trade Continuity between Canada and the United Kingdom of Great Britain and Northern Ireland”.
SUMMARY This enactment implements the Agreement on Trade Continuity between Canada and the United Kingdom of Great Britain and Northern Ireland. The general provisions of the enactment set out rules of interpretation and specify that no recourse is to be taken on the basis of sections 10 to 15 or any order made under those sections, or on the basis of the provisions of the Agreement, without the consent of the Attorney General of Canada. Part 1 approves the Agreement, provides for the payment by Canada of its share of the expenditures associated with the operation of the institutional and administrative aspects of the Agreement and gives the Governor in Council the power to make orders in accordance with the Agreement. Part 2 amends certain Acts to bring them into conformity with Canada’s obligations under the Agreement and contains a transitional provision. Part 3 contains a coordinating amendment and the coming-intoforce provision.
i
TABLE OF PROVISIONS An Act to implement the Agreement on Trade Continuity between Canada and the United Kingdom of Great Britain and Northern Ireland
Short Title 1
Canada–United Kingdom Trade Continuity Agreement Implementation Act
Interpretation 2
Definitions
Interpretation consistent with Agreement
References to CETA provisions
Non-application of Act and Agreement to water
Construction
Her Majesty 7
Binding on Her Majesty
Purpose 8
Purpose
Causes of Action 9
Causes of action under sections 10 to 15
PART 1
Implementation of the Agreement Approval and Representation on the Canada– U.K. Joint Committee 10
Agreement approved
Canadian representative on Canada–U.K. Joint Commit‐ tee
Tribunals, Arbitration Panels and Panels of Experts 12
Powers of Minister
Operation of Chapter Twenty-Nine
Expenses 14
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Payment of expenses
ii
Chapter 1: Canada–United Kingdom Trade Continuity Agreement Implementation Act TABLE OF PROVISIONS
Orders 15
Orders — Article 29.14 of CETA
PART 2
Related Amendments and Transitional Provision Related Amendments 16
Export and Import Permits Act
Financial Administration Act
Importation of Intoxicating Liquors Act
Investment Canada Act
Customs Act
Commercial Arbitration Act
Coasting Trade Act
Customs Tariff
Transitional Provision 50
Investment Canada Act
PART 3
Coordinating Amendment and Coming into Force Coordinating Amendment 51
2017, c. 6
Coming into Force 52
Order in council
SCHEDULE 1 SCHEDULE 2 SCHEDULE 3
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iv
69-70 ELIZABETH II
CHAPTER 1
An Act to implement the Agreement on Trade Continuity between Canada and the United Kingdom of Great Britain and Northern Ireland [Assented to 17th March, 2021] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Short Title Short title 1 This Act may be cited as the Canada–United Kingdom
Trade Continuity Agreement Implementation Act.
Interpretation Definitions 2 The following definitions apply in this section and in
sections 3 to 15. Agreement means the Agreement on Trade Continuity between Canada and the United Kingdom of Great Britain and Northern Ireland, done at Ottawa, on December 9, 2020. (Accord) Canada–U.K. Joint Committee means the Canada– U.K. Joint Committee established under the Agreement and whose powers, functions and duties are set out in Chapter Twenty-Six of CETA. (Comité mixte Canada– R.-U.) CETA means the Comprehensive Economic and Trade Agreement between Canada and the European Union and its Member States, done at Brussels on October 30, 2016. (AÉCG) federal law means the whole or any portion of an Act of Parliament or a regulation, order or other instrument issued, made or established in the exercise of a power conferred by or under an Act of Parliament. (texte législatif fédéral)
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Chapter 1: Canada–United Kingdom Trade Continuity Agreement Implementation Act Interpretation Sections 2-8
Minister means the Minister for International Trade. (ministre) Interpretation consistent with Agreement 3 For greater certainty, this Act and any federal law that
implements a provision of the Agreement or fulfils an obligation of the Government of Canada under the Agreement is to be interpreted in a manner consistent with the Agreement. References to CETA provisions 4 A reference in this Act to a provision of CETA is a reference to that provision as incorporated by reference in the Agreement.
Non-application of Act and Agreement to water 5 For greater certainty, nothing in this Act or the Agreement, except Chapters Twenty-Two and Twenty-Four of CETA, applies to natural surface or ground water in liquid, gaseous or solid state.
Construction 6 For greater certainty, nothing in this Act, by specific
mention or omission, is to be construed to affect in any manner the right of Parliament to enact legislation to implement any provision of the Agreement or fulfil any of the obligations of the Government of Canada under the Agreement.
Her Majesty Binding on Her Majesty 7 This Act is binding on Her Majesty in right of Canada.
Purpose Purpose 8 The purpose of this Act is to implement the Agreement, the objectives of which, as elaborated more specifically through its provisions, are to (a) establish a free trade area in accordance with the Agreement; (b) promote, through the expansion of reciprocal trade, the harmonious development of the economic relations between Canada and the United Kingdom in order to create opportunities for economic development;
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Chapter 1: Canada–United Kingdom Trade Continuity Agreement Implementation Act Purpose Sections 8-9
(c) promote conditions of fair competition affecting
trade between Canada and the United Kingdom; (d) substantially increase investment opportunities in
Canada and the United Kingdom, while preserving the right of each party to the Agreement to regulate to achieve legitimate policy goals; (e) eliminate barriers to trade in goods and services in
order to contribute to the harmonious development and expansion of world and regional trade; (f) provide adequate and effective protection and enforcement of intellectual property rights in the territory where the Agreement applies; (g) protect, enhance and enforce basic workers’ rights, strengthen cooperation on labour matters and build on the respective international commitments of Canada and the United Kingdom on labour matters; (h) enhance and enforce environmental laws and regulations and strengthen cooperation between Canada and the United Kingdom on environmental matters; and (i) promote sustainable development.
Causes of Action Causes of action under sections 10 to 15 9 (1) No person has any cause of action and no proceedings of any kind are to be taken, without the consent of the Attorney General of Canada, to enforce or determine any right or obligation that is claimed or arises solely under or by virtue of sections 10 to 15 or an order made under those sections. Causes of action under Agreement (2) No person has any cause of action and no proceedings of any kind are to be taken, without the consent of the Attorney General of Canada, to enforce or determine any right or obligation that is claimed or arises solely under or by virtue of the Agreement.
Exception (3) Subsection (2) does not apply with respect to causes
of action arising out of, and proceedings taken under, Section F of Chapter Eight or Article 13.21 of CETA.
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Chapter 1: Canada–United Kingdom Trade Continuity Agreement Implementation Act PART 1 Implementation of the Agreement Sections 10-12
PART 1
Implementation of the Agreement Approval and Representation on the Canada–U.K. Joint Committee Agreement approved 10 The Agreement is approved.
Canadian representative on Canada–U.K. Joint Committee 11 The Minister is the principal representative of Canada on the Canada–U.K. Joint Committee.
Tribunals, Arbitration Panels and Panels of Experts Powers of Minister 12 (1) The Minister may (a) propose the names of individuals to serve as members of the tribunals established under Section F of Chapter Eight of CETA; and (b) propose the names of individuals to be included in the sub-lists referred to in paragraph 1 of Article 29.8 of CETA.
Power of Minister of Finance (2) The Minister of Finance may propose the names of
individuals to be included in the sub-lists referred to in paragraph 3 of Article 13.20 of CETA. Powers of Minister of Labour (3) The Minister of Labour may propose the names of individuals to be included in the list established under paragraph 6 of Article 23.10 of CETA and propose, for inclusion in that list, the names of individuals to serve as the chairperson of a Panel of Experts established under that Article. Powers of Minister of the Environment (4) The Minister of the Environment may propose the
names of individuals to be included in the list established under paragraph 6 of Article 24.15 of CETA and propose, for inclusion in that list, the names of individuals to serve as the chairperson of a Panel of Experts established under that Article.
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Chapter 1: Canada–United Kingdom Trade Continuity Agreement Implementation Act PART 1 Implementation of the Agreement Tribunals, Arbitration Panels and Panels of Experts Sections 13-15
Operation of Chapter Twenty-Nine 13 The Minister is to designate an agency, division or
branch of the Government of Canada to facilitate the operation of Chapter Twenty-Nine of CETA.
Expenses Payment of expenses 14 The Government of Canada is to pay its appropriate share of the aggregate of (a) the expenses incurred by tribunals established under the Agreement and the remuneration and expenses payable to members of those tribunals; (b) the expenses incurred by arbitration panels and
Panels of Experts established under the Agreement and the remuneration and expenses payable to arbitrators, panellists on those Panels of Experts and mediators; and (c) the expenses incurred by the Canada–U.K. Joint
Committee and the specialized committees, bilateral dialogues, working groups and other bodies established under the Agreement and the remuneration and expenses payable to representatives on the Canada– U.K. Joint Committee and those specialized committees and to members of those bilateral dialogues, working groups and other bodies.
Orders Orders — Article 29.14 of CETA 15 (1) The Governor in Council may, for the purpose of
suspending obligations in accordance with Article 29.14 of CETA, by order, do any one or more of the following: (a) suspend rights or privileges granted by Canada to
the United Kingdom or to goods, service suppliers, investors or investments of investors of the United Kingdom under the Agreement or any federal law; (b) modify or suspend the application of any federal law with respect to the United Kingdom or to goods, service suppliers, investors or investments of investors of the United Kingdom; (c) extend the application of any federal law to the
United Kingdom or to goods, service suppliers, investors or investments of investors of the United Kingdom; (d) take any other measure that the Governor in
Council considers necessary.
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Chapter 1: Canada–United Kingdom Trade Continuity Agreement Implementation Act PART 1 Implementation of the Agreement Orders Sections 15-17
Period of order (2) Unless repealed, an order made under subsection (1) has effect for the period specified in the order.
PART 2
Related Amendments and Transitional Provision Related Amendments R.S., c. E-19
Export and Import Permits Act 16 (1) The definition free trade partner in subsection 2(1) of the Export and Import Permits Act is amended by striking out “or” at the end of paragraph (b), by adding “or” at the end of paragraph (c) and by adding the following after paragraph (c): (d) a CUKTCA beneficiary; (partenaire de libreéchange) (2) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:
CUKTCA has the meaning assigned by the definition Agreement in section 2 of the Canada–United Kingdom Trade Continuity Agreement Implementation Act; (ACCCRU) CUKTCA beneficiary has the same meaning as in subsection 2(1) of the Customs Tariff; (bénéficiaire de l’ACCCRU) (3) Subsection 2(2) of the Act is amended by adding, in alphabetical order, a reference to “CUKTCA beneficiary” in the list of countries or territories. 17 Schedule 2 to the Act is amended by adding, in alphabetical order, a reference to “CUKTCA” in column 1 and a corresponding reference to “Schedules to Annex 2-A, in accordance with Annex 5-A to Annex 5 of the Protocol on Rules of Origin and Origin Procedures of CETA, as incorporated by reference in CUKTCA” in column 2.
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Chapter 1: Canada–United Kingdom Trade Continuity Agreement Implementation Act PART 2 Related Amendments and Transitional Provision Related Amendments Export and Import Permits Act Sections 18-22
18 Schedule 3 to the Act is amended by adding, in alphabetical order, a reference to “CUKTCA” in column 1 and a corresponding reference to “Tables C.3 and C.4 of Annex 5-A to Annex 5 of the Protocol on Rules of Origin and Origin Procedures of CETA, as incorporated by reference in CUKTCA” in column 2. 19 Schedule 4 to the Act is amended by adding, in alphabetical order, a reference to “CUKTCA beneficiary” in column 1, a corresponding reference to “Annex 5-A to Annex 5 of the Protocol on Rules of Origin and Origin Procedures of CETA, as incorporated by reference in CUKTCA” in column 2 and a corresponding reference to “Annex 2-A of CETA, in accordance with Annex 5-A to Annex 5 of the Protocol on Rules of Origin and Origin Procedures of CETA, as incorporated by reference in CUKTCA” in column 3.
R.S., c. F-11
Financial Administration Act 20 Schedule VII to the Financial Administration
Act is amended by adding the following in alphabetical order: An Act to implement the Agreement on Trade Continuity between Canada and the United Kingdom of Great Britain and Northern Ireland, done at Ottawa, on December 9, 2020. R.S., c. I-3
Importation of Intoxicating Liquors Act 21 Section 2 of the Importation of Intoxicating Liquors Act is amended by adding the following in alphabetical order:
CUKTCA beneficiary has the same meaning as in subsection 2(1) of the Customs Tariff; (bénéficiaire de l’ACCCRU) 22 The schedule to the Act is amended by adding,
in alphabetical order, a reference to “CUKTCA beneficiary” in column 1 and a corresponding reference to “United Kingdom Tariff in the List of Tariff Provisions set out in the schedule to the Customs Tariff” in column 2.
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Chapter 1: Canada–United Kingdom Trade Continuity Agreement Implementation Act PART 2 Related Amendments and Transitional Provision Related Amendments Investment Canada Act Sections 23-25
R.S., c. 28 (1st Supp.)
Investment Canada Act 23 (1) The definition trade agreement country in
subsection 14.11(6) of the Investment Canada Act is replaced by the following: trade agreement country means a country other than Canada that is a party either to an Agreement described in subparagraph (a)(i) or (i.1) of the definition trade agreement investor in this subsection or to a trade agreement listed in column 1 of the schedule. (pays (traité commercial)) (2) Paragraph (a) of the definition trade agreement investor in subsection 14.11(6) of the Act is amended by striking out “or” at the end of subparagraph (i) and by adding the following after that subparagraph: (i.1) a natural person within the meaning of Article 8.1 of CETA, as defined in section 2 of the Canada–United Kingdom Trade Continuity Agreement Implementation Act, as incorporated by reference in CUKTCA, or R.S., c. 1 (2nd Supp.)
Customs Act 24 Subsection 2(1) of the Customs Act is amended by adding the following in alphabetical order: CUKTCA has the meaning assigned by the definition Agreement in section 2 of the Canada–United Kingdom Trade Continuity Agreement Implementation Act; (ACCCRU) CUKTCA beneficiary has the same meaning as in subsection 2(1) of the Customs Tariff; (bénéficiaire de l’ACCCRU) 25 (1) Subsection 42.1(1.1) of the Act is amended
by adding “and” at the end of paragraph (c) and by adding the following after that paragraph: (d) a verification of origin of goods for which preferential tariff treatment under CUKTCA is claimed, by requesting in writing that the customs administration of the CUKTCA beneficiary of export conduct a verification and provide a written report as to whether the goods are originating within the meaning of the Protocol on Rules of Origin and Origin Procedures of CETA as incorporated by reference in CUKTCA.
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Chapter 1: Canada–United Kingdom Trade Continuity Agreement Implementation Act PART 2 Related Amendments and Transitional Provision Related Amendments Customs Act Sections 25-30
(2) Subsection 42.1(3) of the Act is amended by adding the following after paragraph (a.2): (a.3) in the case of CUKTCA, if the CUKTCA beneficiary of export fails to conduct a verification or provide a written report as to whether the goods are originating; 26 Subsection 97.201(1) of the Act is amended by striking out “or” at the end of paragraph (b), by adding “or” at the end of paragraph (c) and by adding the following after paragraph (c): (d) a written report as to whether the goods are originating within the meaning of the Protocol on Rules of Origin and Origin Procedures of CETA as incorporated by reference in CUKTCA. 27 Part 1 of the schedule to the Act is amended by adding, in alphabetical order, a reference to “CUKTCA beneficiary” in column 1, a corresponding reference to “CUKTCA” in column 2 and a corresponding reference to “United Kingdom Tariff rates of customs duty under the Customs Tariff” in column 3. 28 Part 4 of the schedule to the Act is amended by adding, in alphabetical order, a reference to “CUKTCA beneficiary” in column 1 and a corresponding reference to “CUKTCA” in column 2. 29 Part 5 of the schedule to the Act is amended by adding, in alphabetical order, a reference to “CUKTCA” in column 1 and a corresponding reference to “Protocol on Rules of Origin and Origin Procedures of CETA as incorporated by reference in CUKTCA” in column 2.
R.S., c. 17 (2nd Supp.)
Commercial Arbitration Act 30 Schedule 2 to the Commercial Arbitration Act
is amended by adding, at the end of column 1, a reference to “Article 8.23 of the Comprehensive Economic and Trade Agreement between Canada and the European Union and its Member States, done at Brussels on October 30, 2016, as incorporated by reference in the Agreement by Article 1” and a corresponding reference to “Agreement on Trade Continuity between Canada and the United Kingdom of Great Britain and Northern Ireland, done at Ottawa, on December 9, 2020” in column 2.
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Chapter 1: Canada–United Kingdom Trade Continuity Agreement Implementation Act PART 2 Related Amendments and Transitional Provision Related Amendments Coasting Trade Act Sections 31-32
1992, c. 31
Coasting Trade Act 31 Subsection 2(1) of the Coasting Trade Act is amended by adding the following in alphabetical order:
British entity means (a) a corporation that is incorporated in the territory
of the United Kingdom, or (b) a trust, partnership, joint venture or other association that is formed in the territory of the United Kingdom; (entité britannique) CUKTCA has the meaning assigned by the definition Agreement in section 2 of the Canada–United Kingdom Trade Continuity Agreement Implementation Act; (ACCCRU) territory of the United Kingdom means a territory referred to in Article 1.3, subparagraph (b) of CETA as incorporated by reference in CUKTCA. (territoire du Royaume-Uni) 32 (1) Subsection 3(2.2) of the Act is replaced by
the following: Dredging activities (2.11) Subsection (1) does not apply in respect of dredging activities — other than dredging activities that are provided under an agreement with Her Majesty in right of Canada or with an entity that is listed either in Annex 19-1, as amended from time to time, of Chapter Nineteen of CETA or in Annex 19-1 of Chapter Nineteen of CETA as incorporated by reference in CUKTCA — carried out by (a) a non-duty paid ship whose owner is a Canadian
entity, an EU entity or a British entity; or (b) a foreign ship whose owner is a Canadian entity,
an EU entity or a British entity and that is registered in a register other than (i) the Canadian Register of Vessels, or (ii) a register referred to in paragraph (2.2)(a) or
(b) or (2.21)(a) or (b).
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Chapter 1: Canada–United Kingdom Trade Continuity Agreement Implementation Act PART 2 Related Amendments and Transitional Provision Related Amendments Coasting Trade Act Section 32
Dredging activities — EU registers (2.2) Subsection (1) does not apply in respect of dredging activities — other than dredging activities that are provided under an agreement with Her Majesty in right of Canada or with an entity that is listed in Annex 19-1, as amended from time to time, of Chapter Nineteen of CETA — carried out by a foreign ship whose owner is a Canadian entity, an EU entity or an entity that is under Canadian or European control and that is registered in (a) the first, or domestic, register of a member state of
the European Union; or (b) a second, or international, register of a member state of the European Union.
Dredging activities — UK registers (2.21) Subsection (1) does not apply in respect of dredging activities — other than dredging activities that are provided under an agreement with Her Majesty in right of Canada or with an entity that is listed in Annex 19-1 of Chapter Nineteen of CETA as incorporated by reference in CUKTCA — carried out by a foreign ship whose owner is a Canadian entity, a British entity or an entity that is under Canadian or British control and that is registered in (a) the first, or domestic, register of the United Kingdom; or (b) the second, or international, register of the United Kingdom, or the Gibraltar register. (2) The portion of subsection 3(2.3) of the French
version of the Act before paragraph (a) is replaced by the following: Service d’apport — continuel ou aller simple (2.3) Le paragraphe (1) ne s’applique pas aux activités ci-après effectuées au moyen d’un navire visé aux alinéas (2.2)a) ou (2.21)a) : (3) Paragraph 3(2.3)(a) of the English version of
the Act is replaced by the following: (a) the carriage of goods by a ship that is described in
paragraph (2.2)(a) or (2.21)(a), from the port of Halifax — where the goods are loaded — to the port of Montreal, or vice versa, if that carriage is one leg of the importation of the goods into Canada; or
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Chapter 1: Canada–United Kingdom Trade Continuity Agreement Implementation Act PART 2 Related Amendments and Transitional Provision Related Amendments Coasting Trade Act Section 32
(4) The portion of subsection 3(2.4) of the Act before paragraph (a) is replaced by the following:
Feeder services — single trip (2.4) Subject to subsection (2.5), subsection (1) does not
apply in respect of the carriage, by a ship that is described in paragraph (2.2)(b) or (2.21)(b), of goods in a container from the port of Montreal to the port of Halifax, or vice versa, if (5) Subsection 3(2.6) of the Act is replaced by the
following: Provision of information (2.6) Before a ship engages, without a licence, in any activities referred to in subsections (2.11) to (2.4) and for which the owner of the ship intends to rely on an exemption under any one of those subsections, the owner shall provide information to an enforcement officer, in the form and manner specified by the Minister, establishing that the ship meets the applicable conditions under any of subsections (2.11) to (2.21). (6) The portion of subsection 3(7) of the Act before paragraph (a) is replaced by the following:
Control (7) For the purposes of subsection (2.2), an entity is under Canadian or European control (7) Section 3 of the Act is amended by adding the following after subsection (8):
Control — CUKTCA (9) For the purposes of subsection (2.21), an entity is under Canadian or British control (a) in the case of a third party entity that is a corporation, if securities of the corporation to which are attached more than 50% of the votes that may be cast to elect directors of the corporation are directly or indirectly held, otherwise than through a subsidiary or by way of security only, by or for the benefit of any of, or any combination of, the following individuals: (i) a Canadian citizen, (ii) a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act, or
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Chapter 1: Canada–United Kingdom Trade Continuity Agreement Implementation Act PART 2 Related Amendments and Transitional Provision Related Amendments Coasting Trade Act Sections 32-34
(iii) a national of the United Kingdom; or (b) in the case of a third party entity that is a trust,
partnership, joint venture or other association, if an individual, or any combination of individuals, described in any of subparagraphs (a)(i) to (iii) holds, directly or indirectly, but not through a subsidiary, an interest in the trust, partnership, joint venture or other association that entitles the individual or combination of individuals to receive more than 50% of its profits or more than 50% of its assets on dissolution.
Third party entity — CUKTCA (10) For the purposes of subsection (9), third party entity means (a) a corporation, other than an entity referred to in
paragraph (a) of the definition of either Canadian entity or British entity, that is not incorporated under the law of the United States; or (b) a trust, partnership, joint venture or other association, other than an entity referred to in paragraph (b) of the definition of either Canadian entity or British entity, that is not formed under the law of the United States. 33 Subsection 5.1(1) of the Act is replaced by the following:
Dredging — provisions not applicable 5.1 (1) The following provisions do not apply with respect to licence applications relating to dredging activities that are to be provided under an agreement with Her Majesty in right of Canada or with an entity that is listed either in Annex 19-1, as amended from time to time, of Chapter Nineteen of CETA or in Annex 19-1 of Chapter Nineteen of CETA as incorporated by reference in CUKTCA: (a) paragraph 5(a), in the case of an application made on behalf of a ship described in paragraph 3(2.11)(a); and (b) paragraph 4(1)(a), in the case of an application
made on behalf of a ship described in subsection 3(2.2) or (2.21). 34 Paragraph 7(b) of the Act is replaced by the
following:
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Chapter 1: Canada–United Kingdom Trade Continuity Agreement Implementation Act PART 2 Related Amendments and Transitional Provision Related Amendments Coasting Trade Act Sections 34-37
(a.1) specify that a territory is, or is not, a territory referred to in the definition of territory of the United Kingdom in subsection 2(1); (b) indicate, for the purpose of paragraph 3(2.2)(b), the registers that are second, or international, registers of member states of the European Union; (b.1) indicate, for the purpose of paragraph 3(2.21)(b), the registers that are second, or international, registers of the United Kingdom; and 1997, c. 36
Customs Tariff 35 Subsection 2(1) of the Customs Tariff is
amended by adding the following in alphabetical order: Canada–United Kingdom Trade Continuity Agreement has the meaning assigned by the definition Agreement in section 2 of the Canada–United Kingdom Trade Continuity Agreement Implementation Act. (Accord de continuité commerciale du Canada–Royaume-Uni) CUKTCA beneficiary means the United Kingdom, including the Channel Islands, Gibraltar and the Isle of Man, but excluding Anguilla, the British Antarctic Territory, the British Indian Ocean Territory, Bermuda, the British Virgin Islands, the Cayman Islands, the Falkland Islands, Montserrat, Pitcairn, Saint Helena and Dependencies (Ascension Island and Tristan Da Cunha), South Georgia and the South Sandwich Islands and the Turks and Caicos Islands. (bénéficiaire de l’ACCCRU) 36 Section 27 of the Act is amended by adding the
following in alphabetical order: UKT refers to the United Kingdom Tariff. (TUK) 37 The Act is amended by adding the following after section 49.91:
United Kingdom Tariff Application of UKT 49.92 (1) Subject to section 24, goods that originate in a CUKTCA beneficiary are entitled to the United Kingdom Tariff rates of customs duty.
“A” final rate for UKT (2) If “A” is set out in the column entitled “Preferential Tariff” in the List of Tariff Provisions following the
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Chapter 1: Canada–United Kingdom Trade Continuity Agreement Implementation Act PART 2 Related Amendments and Transitional Provision Related Amendments Customs Tariff Sections 37-41
abbreviation “UKT” in relation to goods entitled to the United Kingdom Tariff, the United Kingdom Tariff rate of customs duty that applies to those goods is the final rate of “Free”. “F” staging for UKT (3) If “F” is set out in the column entitled “Preferential
Tariff” in the List of Tariff Provisions following the abbreviation “UKT” in relation to goods entitled to the United Kingdom Tariff, the United Kingdom Tariff rate of customs duty that applies to those goods is the initial rate, reduced as provided in the “F” Staging List. 38 The definition customs duties in section 80 of the Act is replaced by the following:
customs duties, other than for the purposes of sections 95, 96, 98.1 and 98.2, means customs duties imposed under Part 2, other than surtaxes or temporary duties imposed under Division 4 of Part 2. (droits de douane) 39 Section 87 of the Act is amended by adding the following after subsection (7):
Goods of tariff item No. 9971.00.00 – U.K. (8) Despite subsection 20(2), the value for duty of goods of tariff item No. 9971.00.00 that are entitled to the United Kingdom Tariff is the value of the repairs or alterations made to those goods in a CUKTCA beneficiary.
Limitation (9) Subsection (8) ceases to have effect on January 1, 2024. 40 The portion of subsection 89(1) of the Act before paragraph (a) is replaced by the following:
Relief 89 (1) Subject to subsection (2), sections 95, 98.1 and
98.2 and any regulations made under section 99, if an application for relief is made within the prescribed time, in accordance with subsection (4), by a person of a prescribed class, relief may be granted from the payment of duties that would but for this section be payable in respect of imported goods that are 41 (1) The portion of subsection 94(1) of the Act
before paragraph (a) is replaced by the following:
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Chapter 1: Canada–United Kingdom Trade Continuity Agreement Implementation Act PART 2 Related Amendments and Transitional Provision Related Amendments Customs Tariff Sections 41-42
Definition of customs duties 94 (1) In sections 95, 96, 98.1 and 98.2, customs duties means customs duties imposed under Part 2, other than (2) Subsection 94(2) of the Act is replaced by the following:
For greater certainty (2) For greater certainty, in sections 95, 96, 98.1 and 98.2,
customs duties does not include any duties or taxes levied or imposed on imported goods under the Excise Act, 2001, the Excise Tax Act or the Special Import Measures Act. 42 The Act is amended by adding the following after section 98.1:
Repayment of relief — U.K. 98.2 (1) If relief is granted under section 89 in respect of
goods used as materials, or for which identical, equivalent or similar substitutes are used as materials, in the production of other goods that are exported to a CUKTCA beneficiary and that benefit, when imported into that country, from a preferential tariff under the Canada– United Kingdom Trade Continuity Agreement, (a) the person who exported the other goods shall, within 60 days after exporting them, report their exportation in the prescribed manner to an officer at a customs office and pay an amount equal to the portion of the duties relieved under section 89 that are customs duties; and (b) subject to subsection (4) but despite any other provision of this Part, the person and any other person who was granted that relief are, from the time the other goods are exported, jointly and severally or solidarily liable to pay to Her Majesty in right of Canada the amount referred to in paragraph (a).
Debt to Her Majesty (2) While it remains unpaid, the amount referred to in subsection (1) is a debt owing to Her Majesty in right of Canada under the Customs Act.
No refund or drawback (3) No refund or drawback may be granted under section
113 for customs duties paid in respect of goods for which
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Chapter 1: Canada–United Kingdom Trade Continuity Agreement Implementation Act PART 2 Related Amendments and Transitional Provision Related Amendments Customs Tariff Section 42
relief of all or a portion of the duties could have been, but was not, granted under section 89, if (a) the goods are used as materials, or identical,
equivalent or similar substitutes for those goods are used as materials, in the production of other goods; and (b) those other goods are exported to a CUKTCA beneficiary and benefit, when imported into that country, from a preferential tariff under the Canada–United Kingdom Trade Continuity Agreement.
Exceptions (4) Subsections (1) and (3) do not apply to (a) imported goods that originate in a CUKTCA beneficiary that are used as materials, or for which identical, equivalent or similar substitutes are used as materials, in the production of other goods that are exported to a CUKTCA beneficiary; (b) imported goods referred to in subsection 89(1)
that are deemed to have been exported by reason of their having been (i) placed in a duty free shop for exportation, (ii) designated as ships’ stores by regulations made
under paragraph 99(g), or (iii) supplied for use on board a conveyance of a
class prescribed under paragraph 99(g); or (c) any other imported goods or any imported goods used as materials, or any class of such goods, that may, on the recommendation of the Minister, be prescribed by the Governor in Council on the basis of an agreement between the Government of Canada and the Government of the United Kingdom.
Definition of materials (5) In this section, materials means goods that are used
in the processing of other goods, and includes parts or ingredients.
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Chapter 1: Canada–United Kingdom Trade Continuity Agreement Implementation Act PART 2 Related Amendments and Transitional Provision Related Amendments Customs Tariff Sections 43-48
43 The portion of subsection 107(1) of the Act before paragraph (a) is replaced by the following:
Effect of relief 107 (1) Subject to sections 95, 98.1 and 98.2, if relief is
granted under section 89, 92, 101 or 106 from the payment of the whole or a portion of duties, 44 The portion of subsection 113(1) of the Act before paragraph (a) is replaced by the following:
Refund or drawback 113 (1) Subject to subsection (2), sections 96, 98.1 and
98.2 and any regulations made under subsection (4), a refund or drawback shall be granted of all or a portion of duties if 45 Section 123 of the Act is amended by adding
the following after subsection (8): Interest on the payment of relief for CUKTCA (9) A person who is liable under subsection 98.2(1) to pay an amount shall pay, in addition to the amount, interest at the specified rate for the period beginning on the sixtyfirst day after the day on which the amount became payable and ending on the day on which the amount is paid in full, calculated on the amount of the balance outstanding. 46 (1) Paragraph 133(j) of the Act is amended by adding, in alphabetical order, a reference to “CUKTCA beneficiary” in the list of countries. (2) Paragraph 133(j.1) of the Act is amended by adding, in alphabetical order, a reference to “CUKTCA beneficiary” in the list of countries. 47 The List of Countries and Applicable Tariff
Treatments set out in the schedule to the Act is amended by adding, in the column “Tariff Treatment / Other”, a reference to “UKT” opposite the references to “Channel Islands”, “Gibraltar”, “Isle of Man” and “United Kingdom”. 48 (1) The List of Tariff Provisions set out in the
schedule to the Act is amended by (a) adding in the column “Preferential Tariff / Initial Rate”, above the reference to “GPT”, a reference to “UKT:”;
2020-2021
Chapter 1: Canada–United Kingdom Trade Continuity Agreement Implementation Act PART 2 Related Amendments and Transitional Provision Related Amendments Customs Tariff Section 48
(b) adding in the column “Preferential Tariff /
Final Rate”, above the reference to “GPT”, a reference to “UKT:”; (c) adding in the column “Preferential Tariff /
Initial Rate” a reference to “Free” after the abbreviation “UKT”, and adding in the column “Preferential Tariff / Final Rate” a reference to “Free (A)” after the abbreviation “UKT”, for all tariff items except those tariff items set out in Schedules 1 to 3 to this Act; (d) adding in the columns “Preferential Tariff /
Initial Rate” and “Preferential Tariff / Final Rate”, a reference to “N/A” after the abbreviation “UKT” for those tariff items set out in Schedule 1 to this Act; and (e) adding in the columns “Preferential Tariff /
Initial Rate” and “Preferential Tariff / Final Rate” after the abbreviation “UKT”, for each tariff item set out in Schedule 2 to this Act, the rates of duty and staging categories set out with respect to that tariff item in that Schedule.
(2) The Description of Goods of tariff item
No. 9971.00.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by adding, in alphabetical order, a reference to “CUKTCA beneficiary” in the list of countries. (3) Note 1 to the Description of Goods of tariff item No. 9971.00.00 in the List of Tariff Provisions set out in the schedule to the Act is replaced by the following:
Note 1: The Canada–European Union Tariff, Iceland Tariff, Korea Tariff, Norway Tariff, Switzerland–Liechtenstein Tariff, United Kingdom Tariff and the CPTPP tariff rate of customs duty applicable to goods classified under this tariff item shall be, in respect of the value of the repair or alteration to the goods carried out only in an EU country or other CETA beneficiary, Iceland, Korea, Norway, Switzerland or Liechtenstein, a CUKTCA beneficiary, or a CPTPP country, respectively, determined under section 87 of this Act, in accordance with their classification in Chapters 1 to 97.
(4) The Description of Goods of tariff item No. 9992.00.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by adding, in
2020-2021
Chapter 1: Canada–United Kingdom Trade Continuity Agreement Implementation Act PART 2 Related Amendments and Transitional Provision Related Amendments Customs Tariff Sections 48-51
alphabetical order, a reference to “CUKTCA beneficiary” in the list of countries. 49 The List of Intermediate and Final Rates for
the Tariff Items of the “F” Staging Category set out in the schedule to the Act is amended by adding, in numerical order, the tariff items set out in Schedule 3 to this Act.
Transitional Provision Investment Canada Act 50 Any application that is filed under section 17 of the Investment Canada Act before the day on which section 23 of this Act comes into force and in respect of which the Minister of Industry has not made a decision referred to in section 23.1 of the Investment Canada Act before that day is deemed never to have been filed if (a) the investment to which the application relates would have been subject to subsection 14.11(1) or (2) of that Act had the application been filed on that day; and (b) the enterprise value of the assets to which
the application relates is less than the amount determined in accordance with subsection 14.11(1) of that Act.
PART 3
Coordinating Amendment and Coming into Force Coordinating Amendment 2017, c. 6 51 If section 90 of the Canada-European Union Comprehensive Economic and Trade Agreement Implementation Act and section 30 of this Act come into force on the same day, then that section 90 is deemed to have come into force before that section 30.
2020-2021
Chapter 1: Canada–United Kingdom Trade Continuity Agreement Implementation Act PART 3 Coordinating Amendment and Coming into Force Coming into Force Section 52
Coming into Force Order in council 52 (1) Subject to subsection (2), this Act, other
than section 51, comes into force on a day to be fixed by order of the Governor in Council. Order in council (2) Subsection 9(3), paragraph 12(1)(a), paragraph 14(a) and section 30 come into force on a day to be fixed by order of the Governor in Council, but that day must not be before the day referred to in subsection (1).
2020-2021
Chapter 1: Canada–United Kingdom Trade Continuity Agreement Implementation Act SCHEDULE 1
SCHEDULE 1 (Paragraphs 48(1)(c) and (d)) 0105.11.22 0105.94.92 0105.99.12 0207.11.92 0207.12.92 0207.13.92 0207.13.93 0207.14.22 0207.14.92 0207.14.93 0207.24.12 0207.24.92 0207.25.12 0207.25.92 0207.26.20 0207.26.30 0207.27.12 0207.27.92 0207.27.93 0209.90.20 0209.90.40 0210.99.12 0210.99.13 0210.99.15 0210.99.16 0401.10.20 0401.20.20 0401.40.20 0401.50.20 0402.10.20 0402.21.12 0402.21.22 0402.29.12 0402.29.22 0402.91.20 0402.99.20 0403.10.20 0403.90.12 0403.90.92 0404.10.22 0404.90.20 0405.10.20 0405.20.20
2020-2021
0405.90.20 0406.10.20 0406.20.12 0406.20.92 0406.30.20 0406.40.20 0406.90.12 0406.90.22 0406.90.32 0406.90.42 0406.90.52 0406.90.62 0406.90.72 0406.90.82 0406.90.92 0406.90.94 0406.90.96 0406.90.99 0407.11.12 0407.11.92 0407.21.20 0407.90.12 0408.11.20 0408.19.20 0408.91.20 0408.99.20 1517.10.20 1517.90.22 1601.00.22 1601.00.32 1602.20.22 1602.20.32 1602.31.13 1602.31.14 1602.31.94 1602.31.95 1602.32.13 1602.32.14 1602.32.94 1602.32.95 1701.91.10 1701.99.10 1702.90.21
1702.90 1702.90 1702.90 1806.20 1806.90 1901.20 1901.20 1901.90 1901.90 1901.90 1901.90 2105.00 2106.90 2106.90 2106.90 2106.90 2202.99 2309.90 3502.11 3502.19 9801.20 9826.10 9826.20 9826.30 9826.40 9897.00 9898.00 9899.00 9904.00 9938.00 9987.00 9990.00
Chapter 1: Canada–United Kingdom Trade Continuity Agreement Implementation Act SCHEDULE 1 (French)
ANNEXE 1 (alinéas 48(1)c) et d)) 0105.11.22 0105.94.92 0105.99.12 0207.11.92 0207.12.92 0207.13.92 0207.13.93 0207.14.22 0207.14.92 0207.14.93 0207.24.12 0207.24.92 0207.25.12 0207.25.92 0207.26.20 0207.26.30 0207.27.12 0207.27.92 0207.27.93 0209.90.20 0209.90.40 0210.99.12 0210.99.13 0210.99.15 0210.99.16 0401.10.20 0401.20.20 0401.40.20 0401.50.20 0402.10.20 0402.21.12 0402.21.22 0402.29.12 0402.29.22 0402.91.20 0402.99.20 0403.10.20 0403.90.12 0403.90.92 0404.10.22 0404.90.20 0405.10.20 0405.20.20
2020-2021
0405.90.20 0406.10.20 0406.20.12 0406.20.92 0406.30.20 0406.40.20 0406.90.12 0406.90.22 0406.90.32 0406.90.42 0406.90.52 0406.90.62 0406.90.72 0406.90.82 0406.90.92 0406.90.94 0406.90.96 0406.90.99 0407.11.12 0407.11.92 0407.21.20 0407.90.12 0408.11.20 0408.19.20 0408.91.20 0408.99.20 1517.10.20 1517.90.22 1601.00.22 1601.00.32 1602.20.22 1602.20.32 1602.31.13 1602.31.14 1602.31.94 1602.31.95 1602.32.13 1602.32.14 1602.32.94 1602.32.95 1701.91.10 1701.99.10 1702.90.21
1702.90 1702.90 1702.90 1806.20 1806.90 1901.20 1901.20 1901.90 1901.90 1901.90 1901.90 2105.00 2106.90 2106.90 2106.90 2106.90 2202.99 2309.90 3502.11 3502.19 9801.20 9826.10 9826.20 9826.30 9826.40 9897.00 9898.00 9899.00 9904.00 9938.00 9987.00 9990.00
Chapter 1: Canada–United Kingdom Trade Continuity Agreement Implementation Act SCHEDULE 2
SCHEDULE 2 (Paragraphs 48(1)(c) and (e))
Tariff Item
Initial R
1003.10.12
94.5%
1003.90.12
94.5%
1107.10.12
$157.00
1107.10.92
$160.10
1107.20.12
$141.50
1701.91.90
$30.86/
1701.99.90
$30.86/
8702.10.10
6.1%
8702.10.20
6.1%
8702.20.10
6.1%
8702.20.20
6.1%
8702.30.10
6.1%
8702.30.20
6.1%
8702.40.10
6.1%
8702.40.20
6.1%
8702.90.10
6.1%
8702.90.20
6.1%
8703.21.90
6.1%
8703.22.00
6.1%
8703.23.00
6.1%
8703.24.00
6.1%
8703.31.00
6.1%
8703.32.00
6.1%
8703.33.00
6.1%
8703.40.10
6.1%
8703.40.90
6.1%
8703.50.00
6.1%
8703.60.10
6.1%
8703.60.90
6.1%
8703.70.00
6.1%
8703.80.00
6.1%
8703.90.00
6.1%
8901.10.10
25%
8901.10.90
25%
8904.00.00
25%
2020-2021
Chapter 1: Canada–United Kingdom Trade Continuity Agreement Implementation Act SCHEDULE 2 (French)
ANNEXE 2 (alinéas 48(1)c) et e))
Numéro tarifaire
Taux in
1003.10.12
94,5 %
1003.90.12
94,5 %
1107.10.12
157,00
1107.10.92
160,10
1107.20.12
141,50
1701.91.90
30,86 $
1701.99.90
30,86 $
8702.10.10
6,1 %
8702.10.20
6,1 %
8702.20.10
6,1 %
8702.20.20
6,1 %
8702.30.10
6,1 %
8702.30.20
6,1 %
8702.40.10
6,1 %
8702.40.20
6,1 %
8702.90.10
6,1 %
8702.90.20
6,1 %
8703.21.90
6,1 %
8703.22.00
6,1 %
8703.23.00
6,1 %
8703.24.00
6,1 %
8703.31.00
6,1 %
8703.32.00
6,1 %
8703.33.00
6,1 %
8703.40.10
6,1 %
8703.40.90
6,1 %
8703.50.00
6,1 %
8703.60.10
6,1 %
8703.60.90
6,1 %
8703.70.00
6,1 %
8703.80.00
6,1 %
8703.90.00
6,1 %
8901.10.10
25 %
8901.10.90
25 %
8904.00.00
25 %
2020-2021
Chapter 1: Canada–United Kingdom Trade Continuity Agreement Implementation Act SCHEDULE 3
SCHEDULE 3 (Paragraph 48(1)(c) and section 49) Tariff Item 1003.10.12
Most-Favoured-Nation Tariff
P
E S
E 1003.90.12
E S
E 1107.10.12
E S
E 1107.10.92
E S
E 1107.20.12
E S
E 1701.91.90
E S
E
E
E 1701.99.90
E S
E
E
E 8702.10.10
E S
E 8702.10.20
E S
E 8702.20.10
E S
E 8702.20.20
E S
E 8702.30.10
E S
E 8702.30.20
E S
E
2020-2021
Chapter 1: Canada–United Kingdom Trade Continuity Agreement Implementation Act SCHEDULE 3
Tariff Item 8702.40.10
Most-Favoured-Nation Tariff
P
E S
E 8702.40.20
E S
E 8702.90.10
E S
E 8702.90.20
E S
E 8703.21.90
E S
E 8703.22.00
E S
E
E
E 8703.23.00
E S
E
E
E 8703.24.00
E S
E
E
E 8703.31.00
E S
E
E
E 8703.32.00
E S
E
E
E 8703.33.00
E S
E
E
E
2020-2021
Chapter 1: Canada–United Kingdom Trade Continuity Agreement Implementation Act SCHEDULE 3
Tariff Item 8703.40.10
Most-Favoured-Nation Tariff
P
E S
E 8703.40.90
E S
E
E
E 8703.50.00
E S
E
E
E 8703.60.10
E S
E 8703.60.90
E S
E
E
E 8703.70.00
E S
E
E
E 8703.80.00
E S
E 8703.90.00
E S
E 8901.10.10
E S
E
E E 8901.10.90
E S
E
E
E
2020-2021
Chapter 1: Canada–United Kingdom Trade Continuity Agreement Implementation Act SCHEDULE 3
Tariff Item 8904.00.00
Most-Favoured-Nation Tariff
P
E S
E
E
E
2020-2021
Chapter 1: Canada–United Kingdom Trade Continuity Agreement Implementation Act SCHEDULE 3 (French)
ANNEXE 3 (alinéa 48(1)c) et article 49) Numéro tarifaire
Tarif de la nation la plus favorisée
Tar
1003.10.12
Àc l’ar
1003.90.12
Àc l’ar
Àc
Àc 1107.10.12
Àc l’ar
Àc 1107.10.92
Àc l’ar
Àc 1107.20.12
Àc l’ar
Àc 1701.91.90
Àc l’ar
Àc
Àc
Àc 1701.99.90
Àc l’ar
Àc
Àc
Àc 8702.10.10
Àc l’ar
Àc 8702.10.20
Àc l’ar
Àc 8702.20.10
Àc l’ar
Àc 8702.20.20
Àc l’ar
Àc 8702.30.10
Àc l’ar
Àc
2020-2021
Chapter 1: Canada–United Kingdom Trade Continuity Agreement Implementation Act SCHEDULE 3 (French)
Numéro tarifaire 8702.30.20
Tarif de la nation la plus favorisée
Tar
Àc l’ar
Àc 8702.40.10
Àc l’ar
Àc 8702.40.20
Àc l’ar
Àc 8702.90.10
Àc l’ar
Àc 8702.90.20
Àc l’ar
Àc 8703.21.90
Àc l’ar
Àc 8703.22.00
Àc l’ar
Àc
Àc
Àc 8703.23.00
Àc l’ar
Àc
Àc
Àc 8703.24.00
Àc l’ar
Àc
Àc
Àc 8703.31.00
Àc l’ar
Àc
Àc
Àc 8703.32.00
Àc l’ar
Àc
Àc
Àc
2020-2021
Chapter 1: Canada–United Kingdom Trade Continuity Agreement Implementation Act SCHEDULE 3 (French)
Numéro tarifaire 8703.33.00
Tarif de la nation la plus favorisée
Tar
Àc l’ar
Àc
Àc
Àc 8703.40.10
Àc l’ar
Àc 8703.40.90
Àc l’ar
Àc
Àc
Àc 8703.50.00
Àc l’ar
Àc
Àc
Àc 8703.60.10
Àc l’ar
Àc 8703.60.90
Àc l’ar
Àc
Àc
Àc 8703.70.00
Àc l’ar
Àc
Àc
Àc 8703.80.00
Àc l’ar
Àc 8703.90.00
Àc l’ar
Àc 8901.10.10
Àc l’ar
Àc
Àc
Àc 8901.10.90
2020-2021
Àc l’ar
Chapter 1: Canada–United Kingdom Trade Continuity Agreement Implementation Act SCHEDULE 3 (French)
Numéro tarifaire
Tarif de la nation la plus favorisée
Tar
Àc
Àc
Àc 8904.00.00
Àc l’ar
Àc
Àc
Àc
Published under authority of the Speaker of the House of Commons 2020-2021
Disponible sur le site Web de la Chambre des comm
|
Second Session, Forty-third Parliament, 69-70 Elizabeth II, 2020-2021
STATUTES OF CANADA 2021
CHAPTER 14
An Act respecting the United Nations Declaration on the Rights of Indigenous Peoples
ASSENTED TO JUNE 21, 2021 BILL C-15
SUMMARY This enactment provides that the Government of Canada must take all measures necessary to ensure that the laws of Canada are consistent with the United Nations Declaration on the Rights of Indigenous Peoples, and must prepare and implement an action plan to achieve the objectives of the Declaration.
i
TABLE OF PROVISIONS An Act respecting the United Nations Declaration on the Rights of Indigenous Peoples Preamble
Short Title 1
United Nations Declaration on the Rights of Indigenous Peoples Act
Interpretation 2
Definitions
Designation of Minister 3
Order designating Minister
Purposes of Act 4
Purposes
Measures for Consistency of Laws and Achieving the Objectives of the Declaration 5
Consistency
Action plan
Annual report
Report to Parliament
SCHEDULE
2020-2021
ii
69-70 ELIZABETH II
CHAPTER 14
An Act respecting the United Nations Declaration on the Rights of Indigenous Peoples [Assented to 21st June, 2021]
Preamble Whereas the United Nations Declaration on the Rights of Indigenous Peoples provides a framework for reconciliation, healing and peace, as well as harmonious and cooperative relations based on the principles of justice, democracy, respect for human rights, non-discrimination and good faith;
Whereas the rights and principles affirmed in the Declaration constitute the minimum standards for the survival, dignity and well-being of Indigenous peoples of the world, and must be implemented in Canada; Whereas, in the outcome document of the high-level plenary meeting of the General Assembly of the United Nations known as the World Conference on Indigenous Peoples, Canada and other States reaffirm their solemn commitment to respect, promote and advance the rights of Indigenous peoples of the world and to uphold the principles of the Declaration; Whereas, in its document entitled Calls to Action, the Truth and Reconciliation Commission of Canada calls upon federal, provincial, territorial and municipal governments to fully adopt and implement the Declaration as the framework for reconciliation, and the Government of Canada is committed to responding to those Calls to Action; Whereas, in its document entitled Calls for Justice, the National Inquiry into Missing and Murdered Indigenous Women and Girls calls upon federal, provincial, territorial, municipal and Indigenous governments to implement the Declaration, and the Government of Canada is committed to responding to those Calls for Justice; Whereas First Nations, Inuit and the Métis Nation have, throughout history and to this day, lived in the
2020-2021
Chapter 14: United Nations Declaration on the Rights of Indigenous Peoples Act Preamble
lands that are now in Canada with their distinct identities, cultures and ways of life; Whereas Indigenous peoples have suffered historic injustices as a result of, among other things, colonization and dispossession of their lands, territories and resources; Whereas the implementation of the Declaration must include concrete measures to address injustices, combat prejudice and eliminate all forms of violence, racism and discrimination, including systemic racism and discrimination, against Indigenous peoples and Indigenous elders, youth, children, women, men, persons with disabilities and gender-diverse persons and two-spirit persons; Whereas all doctrines, policies and practices based on or advocating the superiority of peoples or individuals on the basis of national origin or racial, religious, ethnic or cultural differences, including the doctrines of discovery and terra nullius, are racist, scientifically false, legally invalid, morally condemnable and socially unjust; Whereas the Government of Canada rejects all forms of colonialism and is committed to advancing relations with Indigenous peoples that are based on good faith and on the principles of justice, democracy, equality, non-discrimination, good governance and respect for human rights; Whereas the Declaration emphasizes the urgent need to respect and promote the inherent rights of Indigenous peoples of the world which derive from their political, economic and social structures and from their cultures, spiritual traditions, histories, philosophies and legal systems, especially their rights to their lands, territories and resources; Whereas the Government of Canada recognizes that all relations with Indigenous peoples must be based on the recognition and implementation of the inherent right to self-determination, including the right of self-government; Whereas the Government of Canada is committed to taking effective measures — including legislative, policy and administrative measures — at the national and international level, in consultation and cooperation with Indigenous peoples, to achieve the objectives of the Declaration; Whereas the Government of Canada is committed to exploring, in consultation and cooperation with Indigenous peoples, measures related to monitoring, oversight, recourse or remedy or other accountability measures that will contribute to the achievement of those objectives;
2020-2021
Chapter 14: United Nations Declaration on the Rights of Indigenous Peoples Act Preamble
Whereas the implementation of the Declaration can contribute to supporting sustainable development and responding to growing concerns relating to climate change and its impacts on Indigenous peoples; Whereas the Government of Canada acknowledges that provincial, territorial and municipal governments each have the ability to establish their own approaches to contributing to the implementation of the Declaration by taking various measures that fall within their authority; Whereas the Government of Canada welcomes opportunities to work cooperatively with those governments, Indigenous peoples and other sectors of society towards achieving the objectives of the Declaration; Whereas the Declaration is affirmed as a source for the interpretation of Canadian law; Whereas the protection of Aboriginal and treaty rights — recognized and affirmed by section 35 of the Constitution Act, 1982 — is an underlying principle and value of the Constitution of Canada, and Canadian courts have stated that such rights are not frozen and are capable of evolution and growth; Whereas there is an urgent need to respect and promote the rights of Indigenous peoples affirmed in treaties, agreements and other constructive arrangements, and those treaties, agreements and arrangements can contribute to the implementation of the Declaration; Whereas respect for human rights, the rule of law and democracy are underlying principles of the Constitution of Canada which are interrelated, interdependent and mutually reinforcing and are also recognized in international law; And whereas measures to implement the Declaration in Canada must take into account the diversity of Indigenous peoples and, in particular, the diversity of the identities, cultures, languages, customs, practices, rights and legal traditions of First Nations, Inuit and the Métis and of their institutions and governance structures, their relationships to the land and Indigenous knowledge;
2020-2021
Chapter 14: United Nations Declaration on the Rights of Indigenous Peoples Act Short Title Preamble – Sections 1-3
Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Short Title Short title 1 This Act may be cited as the United Nations Declaration on the Rights of Indigenous Peoples Act.
Interpretation Definitions 2 (1) The following definitions apply in this Act.
Declaration means the United Nations Declaration on the Rights of Indigenous Peoples that was adopted by the General Assembly of the United Nations as General Assembly Resolution 61/295 on September 13, 2007 and that is set out in the schedule. (Déclaration) Indigenous peoples has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982. (peuples autochtones) Minister, for the purposes of any provision of this Act, means the federal minister designated as the Minister for the purposes of that provision under section 3. (ministre) Rights of Indigenous peoples (2) This Act is to be construed as upholding the rights of Indigenous peoples recognized and affirmed by section 35 of the Constitution Act, 1982, and not as abrogating or derogating from them.
Clarification (3) Nothing in this Act is to be construed as delaying the
application of the Declaration in Canadian law.
Designation of Minister Order designating Minister 3 The Governor in Council may, by order, designate any
federal minister to be the Minister for the purposes of any provision of this Act.
2020-2021
Chapter 14: United Nations Declaration on the Rights of Indigenous Peoples Act Purposes of Act Sections 4-6
Purposes of Act Purposes 4 The purposes of this Act are to (a) affirm the Declaration as a universal international
human rights instrument with application in Canadian law; and (b) provide a framework for the Government of Canada’s implementation of the Declaration.
Measures for Consistency of Laws and Achieving the Objectives of the Declaration Consistency 5 The Government of Canada must, in consultation and cooperation with Indigenous peoples, take all measures necessary to ensure that the laws of Canada are consistent with the Declaration.
Action plan 6 (1) The Minister must, in consultation and cooperation with Indigenous peoples and with other federal ministers, prepare and implement an action plan to achieve the objectives of the Declaration. Content (2) The action plan must include (a) measures to (i) address injustices, combat prejudice and eliminate all forms of violence, racism and discrimination, including systemic racism and discrimination, against Indigenous peoples and Indigenous elders, youth, children, women, men, persons with disabilities and gender-diverse persons and two-spirit persons, and (ii) promote mutual respect and understanding as well as good relations, including through human rights education; and (b) measures related to monitoring, oversight, recourse or remedy or other accountability measures with respect to the implementation of the Declaration.
2020-2021
Chapter 14: United Nations Declaration on the Rights of Indigenous Peoples Act Measures for Consistency of Laws and Achieving the Objectives of the Declaration Sections 6-7
Other elements (3) The action plan must also include measures related
to monitoring the implementation of the plan and reviewing and amending the plan. Time limit (4) The preparation of the action plan must be completed as soon as practicable, but no later than two years after the day on which this section comes into force.
Tabling in Parliament (5) The Minister must cause the action plan to be tabled in each House of Parliament as soon as practicable after it has been prepared.
Action plan made public (6) After the action plan is tabled, the Minister must make it public.
Report to Parliament Annual report 7 (1) Within 90 days after the end of each fiscal year, the Minister must, in consultation and cooperation with Indigenous peoples, prepare a report for the previous fiscal year on the measures taken under section 5 and the preparation and implementation of the action plan referred to in section 6.
Tabling in Parliament (2) The Minister must cause the report to be tabled in
each House of Parliament on any of the first 15 days on which that House is sitting after the report is completed. Referral to committee (3) The report stands permanently referred to the committee of each House of Parliament that is designated or established to review matters relating to Indigenous peoples. Report made public (4) After the report is tabled, the Minister must make it public.
2020-2021
Chapter 14: United Nations Declaration on the Rights of Indigenous Peoples Act SCHEDULE
SCHEDULE (Subsection 2(1))
United Nations Declaration on the Rights of Indigenous Peoples Resolution adopted by the General Assembly [without reference to a Main Committee (A/61/L.67 and Add.1)] 61/295. United Nations Declaration on the Rights of Indigenous Peoples The General Assembly, Taking note of the recommendation of the Human Rights Council contained in its resolution 1/2 of 29 June 2006,1 by which the Council adopted the text of the United Nations Declaration on the Rights of Indigenous Peoples, Recalling its resolution 61/178 of 20 December 2006, by which it decided to defer consideration of and action on the Declaration to allow time for further consultations thereon, and also decided to conclude its consideration before the end of the sixty-first session of the General Assembly, Adopts the United Nations Declaration on the Rights of Indigenous Peoples as contained in the annex to the present resolution. 107th plenary meeting 13 September 2007 1 See Official Records of the General Assembly, Sixty-first Session, Supplement No. 53 (A/61/53), part one, chap. II, sect. A.
Annex United Nations Declaration on the Rights of Indigenous Peoples The General Assembly, Guided by the purposes and principles of the Charter of the United Nations, and good faith in the fulfilment of the obligations assumed by States in accordance with the Charter, Affirming that indigenous peoples are equal to all other peoples, while recognizing the right of all peoples to be different, to consider themselves different, and to be respected as such, Affirming also that all peoples contribute to the diversity and richness of civilizations and cultures, which constitute the common heritage of humankind, Affirming further that all doctrines, policies and practices based on or advocating superiority of peoples or individuals on the basis of national origin or racial, religious, ethnic or cultural differences are racist, scientifically false, legally invalid, morally condemnable and socially unjust, Reaffirming that indigenous peoples, in the exercise of their rights, should be free from discrimination of any kind, Concerned that indigenous peoples have suffered from historic injustices as a result of, inter alia, their colonization and dispossession of their lands, territories and resources, thus preventing them from exercising, in particular, their right to development in accordance with their own needs and interests,
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Recognizing the urgent need to respect and promote the inherent rights of indigenous peoples which derive from their political, economic and social structures and from their cultures, spiritual traditions, histories and philosophies, especially their rights to their lands, territories and resources, Recognizing also the urgent need to respect and promote the rights of indigenous peoples affirmed in treaties, agreements and other constructive arrangements with States, Welcoming the fact that indigenous peoples are organizing themselves for political, economic, social and cultural enhancement and in order to bring to an end all forms of discrimination and oppression wherever they occur, Convinced that control by indigenous peoples over developments affecting them and their lands, territories and resources will enable them to maintain and strengthen their institutions, cultures and traditions, and to promote their development in accordance with their aspirations and needs, Recognizing that respect for indigenous knowledge, cultures and traditional practices contributes to sustainable and equitable development and proper management of the environment, Emphasizing the contribution of the demilitarization of the lands and territories of indigenous peoples to peace, economic and social progress and development, understanding and friendly relations among nations and peoples of the world, Recognizing in particular the right of indigenous families and communities to retain shared responsibility for the upbringing, training, education and well-being of their children, consistent with the rights of the child, Considering that the rights affirmed in treaties, agreements and other constructive arrangements between States and indigenous peoples are, in some situations, matters of international concern, interest, responsibility and character, Considering also that treaties, agreements and other constructive arrangements, and the relationship they represent, are the basis for a strengthened partnership between indigenous peoples and States, Acknowledging that the Charter of the United Nations, the International Covenant on Economic, Social and Cultural Rights2 and the International Covenant on Civil and Political Rights,2 as well as the Vienna Declaration and Programme of Action,3 affirm the fundamental importance of the right to self-determination of all peoples, by virtue of which they freely determine their political status and freely pursue their economic, social and cultural development, 2
See resolution 2200 A (XXI), annex.
A/CONF.157/24 (Part I), chap. III.
Bearing in mind that nothing in this Declaration may be used to deny any peoples their right to self-determination, exercised in conformity with international law, Convinced that the recognition of the rights of indigenous peoples in this Declaration will enhance harmonious and cooperative relations between the State and indigenous peoples, based on principles of justice, democracy, respect for human rights, non-discrimination and good faith, Encouraging States to comply with and effectively implement all their obligations as they apply to indigenous peoples under
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international instruments, in particular those related to human rights, in consultation and cooperation with the peoples concerned, Emphasizing that the United Nations has an important and continuing role to play in promoting and protecting the rights of indigenous peoples, Believing that this Declaration is a further important step forward for the recognition, promotion and protection of the rights and freedoms of indigenous peoples and in the development of relevant activities of the United Nations system in this field, Recognizing and reaffirming that indigenous individuals are entitled without discrimination to all human rights recognized in international law, and that indigenous peoples possess collective rights which are indispensable for their existence, well-being and integral development as peoples, Recognizing that the situation of indigenous peoples varies from region to region and from country to country and that the significance of national and regional particularities and various historical and cultural backgrounds should be taken into consideration, Solemnly proclaims the following United Nations Declaration on the Rights of Indigenous Peoples as a standard of achievement to be pursued in a spirit of partnership and mutual respect:
Article 1 Indigenous peoples have the right to the full enjoyment, as a collective or as individuals, of all human rights and fundamental freedoms as recognized in the Charter of the United Nations, the Universal Declaration of Human Rights4 and international human rights law. 4
Resolution 217 A (III).
Article 2 Indigenous peoples and individuals are free and equal to all other peoples and individuals and have the right to be free from any kind of discrimination, in the exercise of their rights, in particular that based on their indigenous origin or identity. Article 3 Indigenous peoples have the right to self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.
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Article 4 Indigenous peoples, in exercising their right to self-determination, have the right to autonomy or self-government in matters relating to their internal and local affairs, as well as ways and means for financing their autonomous functions. Article 5 Indigenous peoples have the right to maintain and strengthen their distinct political, legal, economic, social and cultural institutions, while retaining their right to participate fully, if they so choose, in the political, economic, social and cultural life of the State. Article 6 Every indigenous individual has the right to a nationality. Article 7 1. Indigenous individuals have the rights to life, physical and mental integrity, liberty and security of person. 2. Indigenous peoples have the collective right to live in freedom, peace and security as distinct peoples and shall not be subjected to any act of genocide or any other act of violence, including forcibly removing children of the group to another group. Article 8 1. Indigenous peoples and individuals have the right not to be subjected to forced assimilation or destruction of their culture. 2. States shall provide effective mechanisms for prevention of, and redress for: (a) Any action which has the aim or effect of depriving them of their integrity as distinct peoples, or of their cultural values or ethnic identities; (b) Any action which has the aim or effect of dispossessing them of their lands, territories or resources; (c) Any form of forced population transfer which has the aim or effect of violating or undermining any of their rights; (d) Any form of forced assimilation or integration; (e) Any form of propaganda designed to promote or incite racial or ethnic discrimination directed against them. Article 9 Indigenous peoples and individuals have the right to belong to an indigenous community or nation, in accordance with the traditions and customs of the community or nation concerned. No discrimination of any kind may arise from the exercise of such a right. Article 10 Indigenous peoples shall not be forcibly removed from their lands or territories. No relocation shall take place without the free, prior and informed consent of the indigenous peoples concerned and after agreement on just and fair compensation and, where possible, with the option of return.
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Article 11 1. Indigenous peoples have the right to practise and revitalize their cultural traditions and customs. This includes the right to maintain, protect and develop the past, present and future manifestations of their cultures, such as archaeological and historical sites, artefacts, designs, ceremonies, technologies and visual and performing arts and literature. 2. States shall provide redress through effective mechanisms, which may include restitution, developed in conjunction with indigenous peoples, with respect to their cultural, intellectual, religious and spiritual property taken without their free, prior and informed consent or in violation of their laws, traditions and customs.
Article 12 1. Indigenous peoples have the right to manifest, practise, develop and teach their spiritual and religious traditions, customs and ceremonies; the right to maintain, protect, and have access in privacy to their religious and cultural sites; the right to the use and control of their ceremonial objects; and the right to the repatriation of their human remains. 2. States shall seek to enable the access and/or repatriation of ceremonial objects and human remains in their possession through fair, transparent and effective mechanisms developed in conjunction with indigenous peoples concerned. Article 13 1. Indigenous peoples have the right to revitalize, use, develop and transmit to future generations their histories, languages, oral traditions, philosophies, writing systems and literatures, and to designate and retain their own names for communities, places and persons. 2. States shall take effective measures to ensure that this right is protected and also to ensure that indigenous peoples can understand and be understood in political, legal and administrative proceedings, where necessary through the provision of interpretation or by other appropriate means. Article 14 1. Indigenous peoples have the right to establish and control their educational systems and institutions providing education in their own languages, in a manner appropriate to their cultural methods of teaching and learning. 2. Indigenous individuals, particularly children, have the right to all levels and forms of education of the State without discrimination. 3. States shall, in conjunction with indigenous peoples, take effective measures, in order for indigenous individuals, particularly children, including those living outside their communities, to have access, when possible, to an education in their own culture and provided in their own language.
Article 15 1. Indigenous peoples have the right to the dignity and diversity of their cultures, traditions, histories and aspirations
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which shall be appropriately reflected in education and public information. 2. States shall take effective measures, in consultation and cooperation with the indigenous peoples concerned, to combat prejudice and eliminate discrimination and to promote tolerance, understanding and good relations among indigenous peoples and all other segments of society. Article 16 1. Indigenous peoples have the right to establish their own media in their own languages and to have access to all forms of non-indigenous media without discrimination. 2. States shall take effective measures to ensure that Stateowned media duly reflect indigenous cultural diversity. States, without prejudice to ensuring full freedom of expression, should encourage privately owned media to adequately reflect indigenous cultural diversity.
Article 17 1. Indigenous individuals and peoples have the right to enjoy fully all rights established under applicable international and domestic labour law. 2. States shall in consultation and cooperation with indigenous peoples take specific measures to protect indigenous children from economic exploitation and from performing any work that is likely to be hazardous or to interfere with the child’s education, or to be harmful to the child’s health or physical, mental, spiritual, moral or social development, taking into account their special vulnerability and the importance of education for their empowerment. 3. Indigenous individuals have the right not to be subjected to any discriminatory conditions of labour and, inter alia, employment or salary. Article 18 Indigenous peoples have the right to participate in decisionmaking in matters which would affect their rights, through representatives chosen by themselves in accordance with their own procedures, as well as to maintain and develop their own indigenous decision-making institutions. Article 19 States shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free, prior and informed consent before adopting and implementing legislative or administrative measures that may affect them.
Article 20 1. Indigenous peoples have the right to maintain and develop their political, economic and social systems or institutions, to be secure in the enjoyment of their own means of subsistence and development, and to engage freely in all their traditional and other economic activities.
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2. Indigenous peoples deprived of their means of subsistence and development are entitled to just and fair redress. Article 21 1. Indigenous peoples have the right, without discrimination, to the improvement of their economic and social conditions, including, inter alia, in the areas of education, employment, vocational training and retraining, housing, sanitation, health and social security. 2. States shall take effective measures and, where appropriate, special measures to ensure continuing improvement of their economic and social conditions. Particular attention shall be paid to the rights and special needs of indigenous elders, women, youth, children and persons with disabilities.
Article 22 1. Particular attention shall be paid to the rights and special needs of indigenous elders, women, youth, children and persons with disabilities in the implementation of this Declaration. 2. States shall take measures, in conjunction with indigenous peoples, to ensure that indigenous women and children enjoy the full protection and guarantees against all forms of violence and discrimination. Article 23 Indigenous peoples have the right to determine and develop priorities and strategies for exercising their right to development. In particular, indigenous peoples have the right to be actively involved in developing and determining health, housing and other economic and social programmes affecting them and, as far as possible, to administer such programmes through their own institutions. Article 24 1. Indigenous peoples have the right to their traditional medicines and to maintain their health practices, including the conservation of their vital medicinal plants, animals and minerals. Indigenous individuals also have the right to access, without any discrimination, to all social and health services. 2. Indigenous individuals have an equal right to the enjoyment of the highest attainable standard of physical and mental health. States shall take the necessary steps with a view to achieving progressively the full realization of this right. Article 25 Indigenous peoples have the right to maintain and strengthen their distinctive spiritual relationship with their traditionally owned or otherwise occupied and used lands, territories, waters and coastal seas and other resources and to uphold their responsibilities to future generations in this regard.
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Article 26 1. Indigenous peoples have the right to the lands, territories and resources which they have traditionally owned, occupied or otherwise used or acquired. 2. Indigenous peoples have the right to own, use, develop and control the lands, territories and resources that they possess by reason of traditional ownership or other traditional occupation or use, as well as those which they have otherwise acquired. 3. States shall give legal recognition and protection to these lands, territories and resources. Such recognition shall be conducted with due respect to the customs, traditions and land tenure systems of the indigenous peoples concerned. Article 27 States shall establish and implement, in conjunction with indigenous peoples concerned, a fair, independent, impartial, open and transparent process, giving due recognition to indigenous peoples’ laws, traditions, customs and land tenure systems, to recognize and adjudicate the rights of indigenous peoples pertaining to their lands, territories and resources, including those which were traditionally owned or otherwise occupied or used. Indigenous peoples shall have the right to participate in this process. Article 28 1. Indigenous peoples have the right to redress, by means that can include restitution or, when this is not possible, just, fair and equitable compensation, for the lands, territories and resources which they have traditionally owned or otherwise occupied or used, and which have been confiscated, taken, occupied, used or damaged without their free, prior and informed consent. 2. Unless otherwise freely agreed upon by the peoples concerned, compensation shall take the form of lands, territories and resources equal in quality, size and legal status or of monetary compensation or other appropriate redress. Article 29 1. Indigenous peoples have the right to the conservation and protection of the environment and the productive capacity of their lands or territories and resources. States shall establish and implement assistance programmes for indigenous peoples for such conservation and protection, without discrimination. 2. States shall take effective measures to ensure that no storage or disposal of hazardous materials shall take place in the lands or territories of indigenous peoples without their free, prior and informed consent. 3. States shall also take effective measures to ensure, as needed, that programmes for monitoring, maintaining and restoring the health of indigenous peoples, as developed and implemented by the peoples affected by such materials, are duly implemented.
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Article 30 1. Military activities shall not take place in the lands or territories of indigenous peoples, unless justified by a relevant public interest or otherwise freely agreed with or requested by the indigenous peoples concerned. 2. States shall undertake effective consultations with the indigenous peoples concerned, through appropriate procedures and in particular through their representative institutions, prior to using their lands or territories for military activities.
Article 31 1. Indigenous peoples have the right to maintain, control, protect and develop their cultural heritage, traditional knowledge and traditional cultural expressions, as well as the manifestations of their sciences, technologies and cultures, including human and genetic resources, seeds, medicines, knowledge of the properties of fauna and flora, oral traditions, literatures, designs, sports and traditional games and visual and performing arts. They also have the right to maintain, control, protect and develop their intellectual property over such cultural heritage, traditional knowledge, and traditional cultural expressions. 2. In conjunction with indigenous peoples, States shall take effective measures to recognize and protect the exercise of these rights.
Article 32 1. Indigenous peoples have the right to determine and develop priorities and strategies for the development or use of their lands or territories and other resources. 2. States shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free and informed consent prior to the approval of any project affecting their lands or territories and other resources, particularly in connection with the development, utilization or exploitation of mineral, water or other resources. 3. States shall provide effective mechanisms for just and fair redress for any such activities, and appropriate measures shall be taken to mitigate adverse environmental, economic, social, cultural or spiritual impact.
Article 33 1. Indigenous peoples have the right to determine their own identity or membership in accordance with their customs and traditions. This does not impair the right of indigenous individuals to obtain citizenship of the States in which they live. 2. Indigenous peoples have the right to determine the structures and to select the membership of their institutions in accordance with their own procedures. Article 34 Indigenous peoples have the right to promote, develop and maintain their institutional structures and their distinctive
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customs, spirituality, traditions, procedures, practices and, in the cases where they exist, juridical systems or customs, in accordance with international human rights standards. Article 35 Indigenous peoples have the right to determine the responsibilities of individuals to their communities. Article 36 1. Indigenous peoples, in particular those divided by international borders, have the right to maintain and develop contacts, relations and cooperation, including activities for spiritual, cultural, political, economic and social purposes, with their own members as well as other peoples across borders. 2. States, in consultation and cooperation with indigenous peoples, shall take effective measures to facilitate the exercise and ensure the implementation of this right.
Article 37 1. Indigenous peoples have the right to the recognition, observance and enforcement of treaties, agreements and other constructive arrangements concluded with States or their successors and to have States honour and respect such treaties, agreements and other constructive arrangements. 2. Nothing in this Declaration may be interpreted as diminishing or eliminating the rights of indigenous peoples contained in treaties, agreements and other constructive arrangements. Article 38 States, in consultation and cooperation with indigenous peoples, shall take the appropriate measures, including legislative measures, to achieve the ends of this Declaration. Article 39 Indigenous peoples have the right to have access to financial and technical assistance from States and through international cooperation, for the enjoyment of the rights contained in this Declaration. Article 40 Indigenous peoples have the right to access to and prompt decision through just and fair procedures for the resolution of conflicts and disputes with States or other parties, as well as to effective remedies for all infringements of their individual and collective rights. Such a decision shall give due consideration to the customs, traditions, rules and legal systems of the indigenous peoples concerned and international human rights. Article 41 The organs and specialized agencies of the United Nations system and other intergovernmental organizations shall contribute to the full realization of the provisions of this Declaration through the mobilization, inter alia, of financial cooperation and technical assistance. Ways and means of ensuring participation of indigenous peoples on issues affecting them shall be established.
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Article 42 The United Nations, its bodies, including the Permanent Forum on Indigenous Issues, and specialized agencies, including at the country level, and States shall promote respect for and full application of the provisions of this Declaration and follow up the effectiveness of this Declaration. Article 43 The rights recognized herein constitute the minimum standards for the survival, dignity and well-being of the indigenous peoples of the world. Article 44 All the rights and freedoms recognized herein are equally guaranteed to male and female indigenous individuals. Article 45 Nothing in this Declaration may be construed as diminishing or extinguishing the rights indigenous peoples have now or may acquire in the future. Article 46 1. Nothing in this Declaration may be interpreted as implying for any State, people, group or person any right to engage in any activity or to perform any act contrary to the Charter of the United Nations or construed as authorizing or encouraging any action which would dismember or impair, totally or in part, the territorial integrity or political unity of sovereign and independent States. 2. In the exercise of the rights enunciated in the present Declaration, human rights and fundamental freedoms of all shall be respected. The exercise of the rights set forth in this Declaration shall be subject only to such limitations as are determined by law and in accordance with international human rights obligations. Any such limitations shall be non-discriminatory and strictly necessary solely for the purpose of securing due recognition and respect for the rights and freedoms of others and for meeting the just and most compelling requirements of a democratic society. 3. The provisions set forth in this Declaration shall be interpreted in accordance with the principles of justice, democracy, respect for human rights, equality, non-discrimination, good governance and good faith.
Published under authority of the Speaker of the House of Commons 2020-2021
Disponible sur le site Web de la Chambre des comm
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Second Session, Forty-third Parliament, 69-70 Elizabeth II, 2020-2021
STATUTES OF CANADA 2021
CHAPTER 15
An Act for granting to Her Majesty certain sums of money for the federal public administration for the fiscal year ending March 31, 2022
ASSENTED TO JUNE 21, 2021 BILL C-33
SUMMARY This enactment grants the sum of $82,727,631,113 towards defraying charges and expenses of the federal public administration for the fiscal year ending March 31, 2022 that are not otherwise provided for.
i
69-70 ELIZABETH II
CHAPTER 15
An Act for granting to Her Majesty certain sums of money for the federal public administration for the fiscal year ending March 31, 2022 [Assented to 21st June, 2021] MOST GRACIOUS SOVEREIGN, Preamble Whereas it appears by message from His Excellency the Right Honourable Richard Wagner, P.C., Adminis‐ trator of the Government of Canada, and the Estimates accompanying that message, that the sums mentioned below are required to defray certain expenses of the federal public administration, not otherwise provided for, for the fiscal year ending March 31, 2022, and for other purposes connected with the federal public administration;
May it therefore please Your Majesty, that it may be enacted, and be it enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, that: Short title 1 This Act may be cited as the Appropriation Act No. 2, 2021–22.
$82,727,631,113 granted for 2021–22 2 There may be paid out of the Consolidated Revenue
Fund a sum not exceeding in the aggregate $82,727,631,113 towards defraying the various charges and expenses of the federal public administration for the fiscal year ending March 31, 2022, not otherwise provided for, which is the total of the following amounts: (a) $78,522,782,007, which is the total of the amounts of the items set out in the Proposed Schedule 1 in the Annex to the Main Estimates for the fiscal year ending March 31, 2022 and in Schedule 1 to this Act less the total of the interim appropriations granted on account
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Chapter 15: Appropriation Act No. 2, 2021–22 Sections 2-5
of those items by Appropriation Act No. 1, 2021–22; and (b) $4,204,849,106, which is the total of the amounts of
the items set out in the Proposed Schedule 2 in the Annex to those Estimates and in Schedule 2 to this Act less the total of the interim appropriations granted on account of those items by Appropriation Act No. 1, 2021–22. Purpose of each item 3 (1) The amount authorized by this Act to be paid in respect of an item may be paid only for the purposes, and subject to any terms and conditions, specified in the item. Effective date (2) The provisions of each item set out in Schedules 1
and 2 are deemed to have effect as of April 1, 2021. Adjustments in accounts of Canada — Schedule 1 4 An appropriation that is granted by this Act or any other Act and referred to in Schedule 1 may be charged after the end of the fiscal year for which the appropriation is granted at any time before the day on which the Public Accounts for that fiscal year are tabled in Parliament, for the purpose of making adjustments in the accounts of Canada for that fiscal year that do not require payments out of the Consolidated Revenue Fund.
Adjustments in accounts of Canada — Schedule 2 5 (1) An appropriation that is granted by this Act or any
other Act and referred to in Schedule 2 may be charged after the end of the fiscal year following the fiscal year for which the appropriation is granted at any time before the day on which the Public Accounts for that second fiscal year are tabled in Parliament, for the purpose of making adjustments in the accounts of Canada for that second fiscal year that do not require payments out of the Consolidated Revenue Fund. Order of payment (2) Despite any other provision of this Act, amounts appropriated by this Act and set out in Schedule 2 may be paid and applied at any time on or before March 31, 2023, so long as every payment is charged first against the relevant amount appropriated under any Act that is earliest in time until that amount is exhausted, next against the relevant amount appropriated under any other Act, including this Act, that is next in time until that amount is exhausted and so on. The balance of amounts so appropriated by this Act that have not been charged, subject to the adjustments referred to in section 37 of the Financial
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Chapter 15: Appropriation Act No. 2, 2021–22 Section 5
Administration Act, lapse at the end of the fiscal year following the fiscal year ending March 31, 2022.
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Chapter 15: Appropriation Act No. 2, 2021–22 SCHEDULE 1
SCHEDULE 1
Based on the Main Estimates 2021–22, the amount granted is $7 out in this Schedule ($136,426,003,053) less the total of the interim ation Act No. 1, 2021–22 ($57,903,221,046).
Sums granted to Her Majesty by this Act for the fiscal year ending Vote No.
Items
ADMINISTRATIVE TRIBUNALS SUPPORT SERVICE OF CAN Service canadien d’appui aux tribunaux administratifs 1
– Program expenditures
– Authority to make recoverable expenditures in relation t the Canada Pension Plan and the Employment Insuranc
ATLANTIC CANADA OPPORTUNITIES AGENCY Agence de promotion économique du Canada atlantiqu 1
– Operating expenditures
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro ra than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under sec ment of Canada Act, to ministers of State who preside o 5
– The grants listed in any of the Estimates for the fiscal ye – Contributions ATOMIC ENERGY OF CANADA LIMITED Énergie atomique du Canada limitée
– Payments to the corporation for operating and capital ex CANADA COUNCIL FOR THE ARTS Conseil des Arts du Canada
– Payments to the Council to be used for the furtherance o section 8 of the Canada Council for the Arts Act CANADA MORTGAGE AND HOUSING CORPORATION Société canadienne d’hypothèques et de logement
– Payments to reimburse the Corporation for the amounts grants, contributions and expenditures made, and losse incurred, (a) under the National Housing Act; or
(b) in the course of the exercise of powers or the car functions conferred on the Corporation under any ot in accordance with the Corporation’s authority unde gage and Housing Corporation Act CANADA POST CORPORATION Société canadienne des postes 1
– Payments to the Corporation for special purposes CANADA SCHOOL OF PUBLIC SERVICE École de la fonction publique du Canada
2020-2021
– Program expenditures
Chapter 15: Appropriation Act No. 2, 2021–22 SCHEDULE 1
Vote No.
Items
CANADIAN ACCESSIBILITY STANDARDS DEVELOPMENT Organisation canadienne d’élaboration de normes d’acc 1
– Operating expenditures
– The grants listed in any of the Estimates for the fiscal ye – Contributions
CANADIAN AIR TRANSPORT SECURITY AUTHORITY Administration canadienne de la sûreté du transport aé 1
– Payments to the Authority for operating and capital exp CANADIAN BROADCASTING CORPORATION Société Radio-Canada
– Payments to the Corporation for operating expenditures
– Payments to the Corporation for working capital
– Payments to the Corporation for capital expenditures
CANADIAN CENTRE FOR OCCUPATIONAL HEALTH AND S Centre canadien d’hygiène et de sécurité au travail 1
– Program expenditures CANADIAN DAIRY COMMISSION Commission canadienne du lait
– Program expenditures CANADIAN ENERGY REGULATOR Régie canadienne de l’énergie
– Program expenditures
– The grants listed in any of the Estimates for the fiscal ye – Contributions
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp in that fiscal year — revenues that it receives in that fisc sion of internal support services under section 29.2 of th CANADIAN FOOD INSPECTION AGENCY Agence canadienne d’inspection des aliments 1
– Operating expenditures
– The grants listed in any of the Estimates for the fiscal ye – Contributions 5
– Capital expenditures CANADIAN GRAIN COMMISSION Commission canadienne des grains
– Program expenditures
CANADIAN HIGH ARCTIC RESEARCH STATION Station canadienne de recherche dans l’Extrême-Arctiq 1
2020-2021
– Program expenditures
Chapter 15: Appropriation Act No. 2, 2021–22 SCHEDULE 1
Vote No.
Items
– The grants listed in any of the Estimates for the fiscal ye – Contributions CANADIAN HUMAN RIGHTS COMMISSION Commission canadienne des droits de la personne 1
– Program expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela it incurs in that fiscal year — revenues that it receives in the provision of internal support services under section CANADIAN INSTITUTES OF HEALTH RESEARCH Instituts de recherche en santé du Canada 1
– Operating expenditures
– The grants listed in any of the Estimates for the fiscal ye
CANADIAN INTERGOVERNMENTAL CONFERENCE SECRE Secrétariat des conférences intergouvernementales can 1
– Program expenditures CANADIAN MUSEUM FOR HUMAN RIGHTS Musée canadien des droits de la personne
– Payments to the Museum for operating and capital expe CANADIAN MUSEUM OF HISTORY Musée canadien de l’histoire
– Payments to the Museum for operating and capital expe CANADIAN MUSEUM OF IMMIGRATION AT PIER 21 Musée canadien de l’immigration du Quai 21
– Payments to the Museum for operating and capital expe CANADIAN MUSEUM OF NATURE Musée canadien de la nature
– Payments to the Museum for operating and capital expe
CANADIAN NORTHERN ECONOMIC DEVELOPMENT AGEN Agence canadienne de développement économique du 1
– Operating expenditures
– The grants listed in any of the Estimates for the fiscal ye – Contributions CANADIAN NUCLEAR SAFETY COMMISSION Commission canadienne de sûreté nucléaire
– Program expenditures
– The grants listed in any of the Estimates for the fiscal ye – Contributions
2020-2021
Chapter 15: Appropriation Act No. 2, 2021–22 SCHEDULE 1
Vote No.
Items
CANADIAN RADIO-TELEVISION AND TELECOMMUNICATI Conseil de la radiodiffusion et des télécommunications 1
– Program expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp in that fiscal year — revenues that it receives in that fisc Telecommunications Fees Regulations, 2010, the Broad Regulations, 1997 and the Unsolicited Telecommunicat and other revenues that it receives in that fiscal year fro the conduct of its operations, up to amounts approved CANADIAN SECURITY INTELLIGENCE SERVICE Service canadien du renseignement de sécurité 1
– Program expenditures CANADIAN SPACE AGENCY Agence spatiale canadienne
– Operating expenditures
– Capital expenditures
– The grants listed in any of the Estimates for the fiscal ye – Contributions CANADIAN TOURISM COMMISSION Commission canadienne du tourisme
– Payments to the Commission
CANADIAN TRANSPORTATION ACCIDENT INVESTIGATIO BOARD Bureau canadien d’enquête sur les accidents de transpo transports 1
– Program expenditures CANADIAN TRANSPORTATION AGENCY Office des transports du Canada
– Program expenditures
CIVILIAN REVIEW AND COMPLAINTS COMMISSION FOR T CANADIAN MOUNTED POLICE Commission civile d’examen et de traitement des plaint Gendarmerie royale du Canada 1
– Program expenditures COMMUNICATIONS SECURITY ESTABLISHMENT Centre de la sécurité des télécommunications
– Program expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp in that fiscal year — revenues that it receives in that fisc tions, including the provision of internal support service of that Act
2020-2021
Chapter 15: Appropriation Act No. 2, 2021–22 SCHEDULE 1
Vote No.
Items COPYRIGHT BOARD Commission du droit d’auteur
– Program expenditures CORRECTIONAL SERVICE OF CANADA Service correctionnel du Canada
– Operating expenditures
– The grants listed in any of the Estimates for the fiscal ye – Contributions
– Authority to deposit into the Inmate Welfare Fund reven fiscal year from projects operated by inmates and finan
– Authority to operate canteens in federal institutions and fiscal year, revenue from sales into the Inmate Welfare
– Payments, in accordance with terms and conditions pre nor in Council,
(a) to or on behalf of discharged inmates who suffer caused by participation in normal program activity in and
(b) to dependants of deceased inmates and discharg deaths resulted from participation in normal program stitutions
– Authority for the Minister of Public Safety and Emergen ject to the approval of the Governor in Council, to enter with any province for
(a) the confinement in institutions of that province o tenced, committed or transferred to a penitentiary;
(b) compensation for the maintenance of such perso
(c) payment in respect of the construction and relate tions
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp in that fiscal year — revenues that it receives in that fisc tions, including the provision of internal support service of that Act 5
– Capital expenditures, including
(a) payments to aboriginal communities, as defined Corrections and Conditional Release Act, in connecti of correctional services under an agreement referred that Act; and
(b) payments to non-profit organizations involved in tions operations, provinces and municipalities towar construction costs COURTS ADMINISTRATION SERVICE Service administratif des tribunaux judiciaires 1
– Program expenditures DEPARTMENT FOR WOMEN AND GENDER EQUALITY Ministère des Femmes et de l’Égalité des genres
– Operating expenditures
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro ra
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Items
than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under sec ment of Canada Act, to ministers of State who preside o 5
– The grants listed in any of the Estimates for the fiscal ye – Contributions DEPARTMENT OF AGRICULTURE AND AGRI-FOOD Ministère de l’Agriculture et de l’Agroalimentaire
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp in that fiscal year — revenues that it receives in that fisc (a) collaborative research agreements and research
(b) the grazing and breeding activities of the Commu
(c) the administration of the AgriStability program; a
(d) the provision of internal support services under s
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro ra than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under sec ment of Canada Act, to ministers of State who preside o 5 10
– Capital expenditures
– The grants listed in any of the Estimates for the fiscal ye – Contributions DEPARTMENT OF CANADIAN HERITAGE Ministère du Patrimoine canadien
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp in that fiscal year — revenues that it receives in that fisc
(a) the activities of the Canadian Conservation Institu itage Information Network and the Canadian Audio-V fice;
(b) activities undertaken under the Capital Experienc
(c) the provision of internal support services under s
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro ra than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under sec ment of Canada Act, to ministers of State who preside o 5
– The grants listed in any of the Estimates for the fiscal ye – Contributions DEPARTMENT OF CITIZENSHIP AND IMMIGRATION Ministère de la Citoyenneté et de l’Immigration
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp in that fiscal year from the provision of services related
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Experience Canada — revenues that it receives in that fi provision of those services
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro ra than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under sec ment of Canada Act, to ministers of State who preside o 5 10
– Capital expenditures
– The grants listed in any of the Estimates for the fiscal ye
– Contributions, including the provision of goods and serv
DEPARTMENT OF CROWN-INDIGENOUS RELATIONS AND Ministère des Relations Couronne-Autochtones et des A 1
– Operating expenditures – Expenditures on works, buildings and equipment
– Authority to make expenditures — recoverable or otherw formed on property that is not federal property and on respect of that property
– Authority to provide, in respect of Indian and Inuit econo tivities, for the capacity development for Indians and In of materials and equipment
– Authority to sell electric power to private consumers in alternative local sources of supply are not available, in a and conditions approved by the Governor in Council
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela it incurs in that fiscal year — revenues that it receives in the provision of internal support services under section
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro ra than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under sec ment of Canada Act, to ministers of State who preside o 5
– Capital expenditures
– Expenditures on buildings, works, land and equipment t and ownership of which
(a) may be transferred to provincial governments on approved by the Governor in Council; or
(b) may be transferred to Indian bands, groups of Ind dians at the discretion of the Minister of Crown-Indig
– Expenditures on buildings, works, land and equipment t federal property
– Authority to make recoverable expenditures on roads an amounts not exceeding the shares of provincial govern 10
– The grants listed in any of the Estimates for the fiscal ye – Contributions
L15
2020-2021
– Loans to Indigenous claimants in accordance with terms proved by the Governor in Council for the purpose of d to research, development and negotiation of claims
Chapter 15: Appropriation Act No. 2, 2021–22 SCHEDULE 1
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DEPARTMENT OF EMPLOYMENT AND SOCIAL DEVELOPM Ministère de l’Emploi et du Développement social 1
– Operating expenditures
– Authority to make recoverable expenditures in relation t the Canada Pension Plan and the Employment Insuranc
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela it incurs in that fiscal year — revenues that it receives in
(a) the provision of services to assist provinces in th provincial programs funded under Labour Market De ments;
(b) the provision of internal support services under s
(c) any amount charged to a Crown corporation und the Government Employees Compensation Act in re costs for subrogated claims for Crown corporations;
(d) the portion of the Government Employees Comp mental or agency subrogated claim settlements rela
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro ra than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under sec ment of Canada Act, to ministers of State who preside o 5
– The grants listed in any of the Estimates for the fiscal ye – Contributions DEPARTMENT OF FINANCE Ministère des Finances
– Program expenditures
– The grants listed in any of the Estimates for the fiscal ye – Contributions
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela it incurs in that fiscal year — revenues that it receives in the provision of internal support services under section
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro ra than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under sec ment of Canada Act, to ministers of State who preside o 5
– Pursuant to subsection 8(2) of the Bretton Woods and R Act, the amount of financial assistance provided by the the International Development Association is not to exc the fiscal year 2021–22 DEPARTMENT OF FISHERIES AND OCEANS Ministère des Pêches et des Océans
– Operating expenditures
– Canada’s share of expenses of the international fisherie
– Authority to provide free office accommodation for the i commissions
– Authority to make recoverable advances in the amounts international fisheries commissions of joint cost project
2020-2021
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– Authority to make recoverable advances for transportati other shipping services performed for individuals, outsi governments in the course of, or arising out of, the exe navigation, including aids to navigation and shipping
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp in that fiscal year — revenues that it receives in that fisc
(a) in the course of, or arising from, the activities of t Guard; and
(b) from the provision of internal support services un that Act
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro ra than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under sec ment of Canada Act, to ministers of State who preside o 5
– Capital expenditures
– Authority to make payments to provinces, municipalitie authorities as contributions towards construction done
– Authority for the purchase and disposal of commercial fi 10
– The grants listed in any of the Estimates for the fiscal ye – Contributions
DEPARTMENT OF FOREIGN AFFAIRS, TRADE AND DEVEL Ministère des Affaires étrangères, du Commerce et du D 1
– Operating expenditures, including those related to the a Canada’s representatives abroad, to the staff of those re the assignment of Canadians to the staffs of internation
– Authority to make recoverable advances to internationa amounts not exceeding the amounts of the shares of th
– Expenditures in respect of the provision of office accom national Civil Aviation Organization
– Authority to make recoverable expenditures for assistan of distressed Canadian citizens and Canadian residents cluding their dependants
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela it incurs in that fiscal year — revenues that it receives in (a) trade and education fairs; (b) departmental publications; and (c) the following services:
(i) training services provided by the Canadian For
(ii) trade missions and other international busine vices, (iii) investment development services, (iv) international telecommunication services,
(v) other services provided abroad to other depar cies, Crown corporations and non-federal organiz (vi) specialized consular services
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro ra
2020-2021
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than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under sec ment of Canada Act, to ministers of State who preside o 5
– Capital expenditures
– The grants listed in any of the Estimates for the fiscal ye
– Contributions, including payments for other specified pu provision of goods and services for (a) the promotion of trade and investment; and
(b) international humanitarian assistance and assista ternational security, international development and 15
– Payments made
(a) in respect of pension, insurance and social securi arrangements for employees locally engaged outsid
(b) in respect of the administration of such programs cluding premiums, contributions, benefit payments, ditures made in respect of such employees and for a the Treasury Board determines 20
– Pursuant to subsection 12(2) of the International Develo tutions) Assistance Act, the amount of financial assistan Minister of Foreign Affairs, in consultation with the Min way of direct payments for the purpose of contributions financial institutions may not exceed $257,361,748 in th
L25
– Pursuant to subsection 12(2) of the International Develo tutions) Assistance Act, the amount of financial assistan Minister of Foreign Affairs, in consultation with the Min way of the purchase of shares of international financial exceed $34,093,654 in United States dollars in the fiscal is estimated in Canadian dollars at $49,435,453
L30
– Loans under paragraph 3(1)(a) of the International Finan DEPARTMENT OF HEALTH Ministère de la Santé
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp in that fiscal year — revenues that it receives in that fisc
(a) the provision of services or the sale of products r well-being and to regulatory activities; and
(b) the provision of internal support services under s
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro ra than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under sec ment of Canada Act, to ministers of State who preside o 5
– Capital expenditures
– The grants listed in any of the Estimates for the fiscal ye
– Contributions, in the form of monetary payments or the services DEPARTMENT OF INDIGENOUS SERVICES Ministère des Services aux Autochtones 1
2020-2021
– Operating expenditures
Chapter 15: Appropriation Act No. 2, 2021–22 SCHEDULE 1
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Items – Expenditures on works, buildings and equipment
– Authority to make expenditures — recoverable or otherw formed on property that is not federal property and on respect of that property
– Authority to provide, in respect of Indian and Inuit econo tivities, for the capacity development for Indians and In of materials and equipment
– Authority to sell electric power to private consumers in alternative local sources of supply are not available, in a and conditions approved by the Governor in Council
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela it incurs in that fiscal year — revenues that it receives in
(a) the provision of services or the sale of products r tection and medical services; and
(b) the provision of internal support services under s
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro ra than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under sec ment of Canada Act, to ministers of State who preside o 5
– Capital expenditures
– Expenditures on buildings, works, land and equipment t and ownership of which
(a) may be transferred to provincial governments on approved by the Governor in Council; or
(b) may be transferred to Indian bands, groups of Ind dians at the discretion of the Minister of Indigenous
– Expenditures on buildings, works, land and equipment t federal property
– Authority to make recoverable expenditures on roads an amounts not exceeding the shares of provincial govern 10
– The grants listed in any of the Estimates for the fiscal ye
– Contributions, in the form of monetary payments or the services DEPARTMENT OF INDUSTRY Ministère de l’Industrie 1
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp in that fiscal year — revenues that it receives in that fisc
(a) the provision of internal support services under s and the provision of internal support services to the Property Office;
(b) activities and operations related to communicatio Communications Research Centre;
(c) services and insolvency processes under the Ban cy Act at the Office of the Superintendent of Bankrup
(d) activities and operations carried out by Corporati Canada Business Corporations Act, the Boards of Tr Cooperatives Act and the Canada Not-for-profit Corp
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(e) services and regulatory processes for mergers an ters, including pre-merger notifications, advance rul written opinions, under the Competition Act at the C
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro ra than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under sec ment of Canada Act, to ministers of State who preside o 5
– Capital expenditures
– The grants listed in any of the Estimates for the fiscal ye – Contributions
L15
– Payments under subsection 14(2) of the Department of I
L20
– Loans under paragraph 14(1)(a) of the Department of Ind DEPARTMENT OF JUSTICE Ministère de la Justice
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp in that fiscal year — revenues that it receives in that fisc
(a) the provision of mandatory legal services to fede agencies;
(b) the provision to Crown corporations, non-federal ternational organizations of optional legal services th the Department’s mandate; and
(c) the provision of internal support services under s
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro ra than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under sec ment of Canada Act, to ministers of State who preside o 5
– The grants listed in any of the Estimates for the fiscal ye – Contributions DEPARTMENT OF NATIONAL DEFENCE Ministère de la Défense nationale
– Operating expenditures
– Authority for total commitments, subject to allotment by of $46,061,550,858 for the purposes of Votes 1, 5 and 10 gardless of the year in which the payment of those com (of which it is estimated that $23,337,696,148 will come ture years)
– Authority, subject to the direction of the Treasury Board expenditures or advances in respect of materials suppli formed on behalf of, individuals, corporations, outside departments and agencies and other governments – Payments
(a) in respect of pension, insurance and social securi arrangements for employees locally engaged outsid
(b) in respect of the administration of such programs cluding premiums, contributions, benefit payments,
2020-2021
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expenditures made in respect of such employees an sons that the Treasury Board determines
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela it incurs in that fiscal year — revenues that it receives in cluding from the provision of internal support services that Act
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro ra than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under sec ment of Canada Act, to ministers of State who preside o 5
– Capital expenditures
– The grants listed in any of the Estimates for the fiscal ye which grants and contributions may include (a) monetary payments or, in lieu of payment made (i) the provision of goods or services, or (ii) the provision of the use of facilities; and
(b) the contributions that may be approved by the G accordance with section 3 of The Defence Appropria
(i) for the provision or transfer of defence equipm
(ii) for the provision of services for defence purpo
(iii) for the provision or transfer of supplies or fac poses 15
– Payments
(a) in respect of insurance and benefit programs or o members of the Regular Force and the Reserve Forc Forces; and
(b) in respect of the administration of such programs cluding premiums, contributions, benefit payments, ditures made in respect of such members and for an the Treasury Board determines DEPARTMENT OF NATURAL RESOURCES Ministère des Ressources naturelles 1
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp in that fiscal year — revenues that it receives in that fisc (a) the sale of forestry and information products;
(b) the issue of licences, permits and certificates und and the Explosives Regulations, 2013;
(c) training and certification activities related to the A ferred to in paragraph (b);
(d) research, consultation, testing, analysis and adm and research products as part of the departmental o
(e) the provision of internal support services under s nancial Administration Act
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro ra than a year — that does not exceed the salary paid und
2020-2021
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rounded down to the nearest hundred dollars under sec ment of Canada Act, to ministers of State who preside o 5
– Capital expenditures
– The grants listed in any of the Estimates for the fiscal ye – Contributions
DEPARTMENT OF PUBLIC SAFETY AND EMERGENCY PRE Ministère de la Sécurité publique et de la Protection civ 1
– Operating expenditures – Capital expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela it incurs in that fiscal year — revenues that it receives in cluding from the provision of internal support services that Act
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro ra than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under sec ment of Canada Act, to ministers of State who preside o 5
– The grants listed in any of the Estimates for the fiscal ye – Contributions
DEPARTMENT OF PUBLIC WORKS AND GOVERNMENT SE Ministère des Travaux publics et des Services gouverne 1
– Operating expenditures for the provision of accommoda central services
– Authority to make recoverable expenditures in relation t the Canada Pension Plan, the Employment Insurance A erty Management Act
– Authority to expend revenues that it receives during the from the provision of accommodation, common and ce
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp in that fiscal year — revenues that it receives in that fisc the provision of internal support services under section
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro ra than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under sec ment of Canada Act, to ministers of State who preside o 5
– Capital expenditures including expenditures on works o erty
– Authority to reimburse lessees of federal real property o for improvements authorized by the Minister of Public W ment Services DEPARTMENT OF THE ENVIRONMENT Ministère de l’Environnement 1
– Operating expenditures
– Authority for the Minister of the Environment to engage quired by different Boards at the remuneration that tho
2020-2021
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– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela it incurs in that fiscal year — revenues that it receives in the provision of internal support services under section from the provision of services, the sale of information p of entrance fees, the granting of leases or the issuance thorizations, including (a) research, analysis and scientific services; (b) hydrometric surveys; (c) regulatory services;
(d) monitoring services, including monitoring servic oil sands;
(e) fees for entry to federal real property or federal im (f) permits; and
(g) services in respect of federal real property or fed cluding the granting of surface leases to oil and gas suance of licences for grazing
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro ra than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under sec ment of Canada Act, to ministers of State who preside o 5
– Capital expenditures
– Authority to make payments to provinces and municipa towards construction done by those bodies
– Authority to make recoverable advances not exceeding shares of provincial and outside agencies of the cost of ing expenditures on other than federal property 10
– The grants listed in any of the Estimates for the fiscal ye
– Contributions, including ones to developing countries b eral Fund for the Implementation of the Montreal Proto monetary payments or the provision of goods, equipme DEPARTMENT OF TRANSPORT Ministère des Transports 1
– Operating expenditures
– Authority to make expenditures on other than federal pr of, or arising out of the exercise of jurisdiction in, aeron
– Authority for the payment of commissions for revenue c Aeronautics Act
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp in that fiscal year — revenues that it receives in that fisc the provision of internal support services under section
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro ra than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under sec ment of Canada Act, to ministers of State who preside o 5
– Capital expenditures
– The grants listed in any of the Estimates for the fiscal ye
2020-2021
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Items – Contributions DEPARTMENT OF VETERANS AFFAIRS Ministère des Anciens Combattants
– Operating expenditures
– Expenditures related to the upkeep of real property or im cluding engineering and other investigatory planning e add tangible value to the property, payment of taxes, in utilities
– Expenditures related to, subject to the approval of the G
(a) necessary remedial work on properties construct firm price contracts and sold under the Veterans’ Lan c. V-4), to correct defects for which neither the vetera may be held financially responsible; and
(b) other work on other properties that is required to interest or right in those properties
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro ra than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under sec ment of Canada Act, to ministers of State who preside o 5
– The grants listed in any of the Estimates for the fiscal ye amount listed for any grant may be increased or decrea proval of the Treasury Board – Contributions
DEPARTMENT OF WESTERN ECONOMIC DIVERSIFICATIO Ministère de la Diversification de l’économie de l’Ouest 1
– Operating expenditures
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro ra than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under sec ment of Canada Act, to ministers of State who preside o 5
– The grants listed in any of the Estimates for the fiscal ye – Contributions
ECONOMIC DEVELOPMENT AGENCY OF CANADA FOR TH QUEBEC Agence de développement économique du Canada pou Québec 1
– Operating expenditures
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro ra than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under sec ment of Canada Act, to ministers of State who preside o 5
– The grants listed in any of the Estimates for the fiscal ye – Contributions
2020-2021
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Items
FEDERAL ECONOMIC DEVELOPMENT AGENCY FOR SOUT Agence fédérale de développement économique pour l 1
– Operating expenditures
– The grants listed in any of the Estimates for the fiscal ye – Contributions
FINANCIAL TRANSACTIONS AND REPORTS ANALYSIS CE Centre d’analyse des opérations et déclarations financiè 1
– Program expenditures HOUSE OF COMMONS Chambre des communes
– Program expenditures, including payments in respect o Members’ constituency offices – Contributions
– Authority to expend revenues that it receives during the from its activities IMMIGRATION AND REFUGEE BOARD Commission de l’immigration et du statut de réfugié 1
– Program expenditures IMPACT ASSESSMENT AGENCY OF CANADA Agence canadienne d’évaluation d’impact
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp in that fiscal year — revenues that it receives in that fisc (a) the conduct of assessments by a review panel; (b) the provision of training; and
(c) the provision of internal support services under s 5
– The grants listed in any of the Estimates for the fiscal ye – Contributions
INTERNATIONAL DEVELOPMENT RESEARCH CENTRE Centre de recherches pour le développement internatio 1
– Payments to the Centre
INTERNATIONAL JOINT COMMISSION (CANADIAN SECTI Commission mixte internationale (section canadienne) 1
– Program expenditures – Expenses of the Canadian Section, including salaries
– Expenses of studies, surveys and investigations by the C ternational References
– Expenses of the Commission under the Canada-United S ter Quality Agreement
2020-2021
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Items INVEST IN CANADA HUB Investir au Canada
– Program expenditures LEADERS’ DEBATES COMMISSION Commission des débats des chefs
– Program expenditures LIBRARY AND ARCHIVES OF CANADA Bibliothèque et Archives du Canada
– Operating expenditures – Contributions
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela it incurs in that fiscal year — revenues that it receives in
(a) the provision of access to the collection and the r als from the collection; and
(b) the provision of internal support services under s 5
– Capital expenditures LIBRARY OF PARLIAMENT Bibliothèque du Parlement
– Program expenditures
– Authority to expend revenues that it receives in the fisca activities MARINE ATLANTIC INC. Marine Atlantique S.C.C. 1
– Payments to the corporation in respect of the costs of its – Payments to the corporation for capital expenditures
– Payments to the corporation for transportation services, transportation services between Nova Scotia and Newf Labrador and related vessels, terminals and infrastructu MILITARY GRIEVANCES EXTERNAL REVIEW COMMITTEE Comité externe d’examen des griefs militaires 1
– Program expenditures
MILITARY POLICE COMPLAINTS COMMISSION Commission d’examen des plaintes concernant la polic 1
– Program expenditures NATIONAL ARTS CENTRE CORPORATION Société du Centre national des Arts
– Payments to the Corporation for operating expenditures NATIONAL CAPITAL COMMISSION Commission de la capitale nationale
2020-2021
– Payments to the Commission for operating expenditure
Chapter 15: Appropriation Act No. 2, 2021–22 SCHEDULE 1
Vote No. 5
Items – Payments to the Commission for capital expenditures NATIONAL FILM BOARD Office national du film
– Program expenditures NATIONAL GALLERY OF CANADA Musée des beaux-arts du Canada
– Payments to the Gallery for operating and capital expen
– Payments to the Gallery for the acquisition of objects fo lated costs NATIONAL MUSEUM OF SCIENCE AND TECHNOLOGY Musée national des sciences et de la technologie
– Payments to the Museum for operating and capital expe NATIONAL RESEARCH COUNCIL OF CANADA Conseil national de recherches du Canada
– Operating expenditures
– Capital expenditures
– The grants listed in any of the Estimates for the fiscal ye
– Contributions, including the provision of goods and serv tional Thirty Meter Telescope Observatory
NATIONAL SECURITY AND INTELLIGENCE REVIEW AGEN Secrétariat de l’Office de surveillance des activités en m nationale et de renseignement 1
– Program expenditures
NATURAL SCIENCES AND ENGINEERING RESEARCH COU Conseil de recherches en sciences naturelles et en géni 1
– Operating expenditures
– The grants listed in any of the Estimates for the fiscal ye NORTHERN PIPELINE AGENCY Administration du pipe-line du Nord
– Program expenditures – Contributions OFFICE OF INFRASTRUCTURE OF CANADA Bureau de l’infrastructure du Canada
– Operating expenditures
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro ra than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under sec ment of Canada Act, to ministers of State who preside o 5
– Capital expenditures
– The grants listed in any of the Estimates for the fiscal ye
2020-2021
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Vote No.
Items – Contributions OFFICE OF THE AUDITOR GENERAL Bureau du vérificateur général
– Program expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela it incurs in that fiscal year — revenues that it receives in
(a) the provision of audit professional services to me an Council of Legislative Auditors; and
(b) the inquiries conducted under section 11 of the A OFFICE OF THE CHIEF ELECTORAL OFFICER Bureau du directeur général des élections 1
– Program expenditures OFFICE OF THE COMMISSIONER FOR FEDERAL JUDICIAL Bureau du commissaire à la magistrature fédérale
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp in that fiscal year — revenues that it receives in that fisc sion of administrative services and judicial training serv
– Remuneration, allowances and expenses for judges, inc of the Supreme Court of Yukon, the Supreme Court of t ries and the Nunavut Court of Justice, not provided for 5
– Operating expenditures — Canadian Judicial Council OFFICE OF THE COMMISSIONER OF LOBBYING Commissariat au lobbying
– Program expenditures
OFFICE OF THE COMMISSIONER OF OFFICIAL LANGUAGE Commissariat aux langues officielles 1
– Program expenditures
OFFICE OF THE CONFLICT OF INTEREST AND ETHICS COM Bureau du commissaire aux conflits d’intérêts et à l’éth 1
– Program expenditures
OFFICE OF THE CORRECTIONAL INVESTIGATOR OF CANA Bureau de l’enquêteur correctionnel du Canada 1
– Program expenditures OFFICE OF THE DIRECTOR OF PUBLIC PROSECUTIONS Bureau du directeur des poursuites pénales
– Program expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp in that fiscal year — revenues that it receives in that fisc
(a) the provision of prosecution and prosecution-rela
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(b) the provision to Crown corporations, non-federal ternational organizations of optional prosecution an services that are consistent with the Office’s mandat
(c) the provision of internal support services under s OFFICE OF THE GOVERNOR GENERAL’S SECRETARY Bureau du secrétaire du gouverneur général 1
– Program expenditures
– Expenditures incurred for former Governors General, in for their spouses, during their lifetimes and for a period ing their deaths, in respect of the performance of activit them as a result of their having occupied the office of G OFFICE OF THE INTELLIGENCE COMMISSIONER Bureau du commissaire au renseignement 1
– Program expenditures OFFICE OF THE PARLIAMENTARY BUDGET OFFICER Bureau du directeur parlementaire du budget
– Program expenditures
OFFICE OF THE PUBLIC SECTOR INTEGRITY COMMISSION Commissariat à l’intégrité du secteur public 1
– Program expenditures – Contributions OFFICE OF THE SENATE ETHICS OFFICER Bureau du conseiller sénatorial en éthique
– Program expenditures
OFFICE OF THE SUPERINTENDENT OF FINANCIAL INSTITU Bureau du surintendant des institutions financières 1
– Program expenditures
OFFICES OF THE INFORMATION AND PRIVACY COMMISS Commissariats à l’information et à la protection de la vi 1
– Program expenditures — Office of the Information Com
– Program expenditures — Office of the Privacy Commiss – Contributions — Office of the Privacy Commissioner
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela it incurs in that fiscal year — revenues that it receives in the provision of internal support services under section PARKS CANADA AGENCY Agence Parcs Canada 1
– Program expenditures – Capital expenditures
– The grants listed in any of the Estimates for the fiscal ye – Contributions, including
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(a) expenditures on other than federal property; and
(b) payments to provinces and municipalities as con cost of undertakings carried out by those bodies 5
– Amounts credited to the New Parks and Historic Sites A es specified in subsection 21(3) of the Parks Canada Ag PARLIAMENTARY PROTECTIVE SERVICE Service de protection parlementaire
– Program expenditures
– Authority to expend revenues that it receives during the from its activities
PAROLE BOARD OF CANADA Commission des libérations conditionnelles du Canada 1
– Program expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp in that fiscal year — revenues that it receives in that fisc sion of services to process record suspension applicatio victed of offences under federal Acts and regulations PATENTED MEDICINE PRICES REVIEW BOARD Conseil d’examen du prix des médicaments brevetés 1
– Program expenditures PRIVY COUNCIL OFFICE Bureau du Conseil privé
– Program expenditures, including
(a) operating expenditures of Commissions of Inquir vided for;
(b) contributions in respect of costs incurred by pers Commissions of Inquiry; and (c) the operation of the Prime Minister’s residence
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela it incurs in that fiscal year — revenues that it receives in
(a) the provision of intelligence analysis training; and
(b) the provision of internal support services under s
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro ra than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under sec ment of Canada Act, to ministers of State who preside o PUBLIC HEALTH AGENCY OF CANADA Agence de la santé publique du Canada 1
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp in that fiscal year — revenues that it receives in that fisc of products, the provision of inspection services and the support services under section 29.2 of that Act
2020-2021
Chapter 15: Appropriation Act No. 2, 2021–22 SCHEDULE 1
Vote No.
Items
– Capital expenditures
– The grants listed in any of the Estimates for the fiscal ye amount listed for any grant may be increased or decrea proval of the Treasury Board – Contributions PUBLIC SERVICE COMMISSION Commission de la fonction publique
– Program expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp in that fiscal year — revenues that it receives in that fisc sion of staffing, assessment and counselling services an provision of internal support services under section 29. REGISTRAR OF THE SUPREME COURT OF CANADA Registraire de la Cour suprême du Canada 1
– Program expenditures ROYAL CANADIAN MOUNTED POLICE Gendarmerie royale du Canada
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela it incurs in that fiscal year — revenues that it receives in cluding from the provision of internal support services that Act 5
– Capital expenditures
– The grants listed in any of the Estimates for the fiscal ye amount listed for any grant may be increased or decrea proval of the Treasury Board – Contributions
ROYAL CANADIAN MOUNTED POLICE EXTERNAL REVIEW Comité externe d’examen de la Gendarmerie royale du 1
– Program expenditures
SECRETARIAT OF THE NATIONAL SECURITY AND INTELL OF PARLIAMENTARIANS Secrétariat du Comité des parlementaires sur la sécurité renseignement 1
– Program expenditures SENATE Sénat
– Program expenditures, including payments in respect o Senators’ offices and an allowance in lieu of residence t Senate – Contributions
– Authority to expend revenues that it receives during the from its activities
2020-2021
Chapter 15: Appropriation Act No. 2, 2021–22 SCHEDULE 1
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Items SHARED SERVICES CANADA Services partagés Canada
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp in that fiscal year from the provision of information tech the Shared Services Canada Act — revenues that it rece from the provision of those services 5
– Capital expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset cap it incurs in that fiscal year — revenues that it receives in the provision of information technology services under Canada Act
SOCIAL SCIENCES AND HUMANITIES RESEARCH COUNC Conseil de recherches en sciences humaines 1
– Operating expenditures
– The grants listed in any of the Estimates for the fiscal ye STANDARDS COUNCIL OF CANADA Conseil canadien des normes
– Payments to the Council that are referred to in paragrap Council of Canada Act STATISTICS CANADA Statistique Canada
– Program expenditures
– The grants listed in any of the Estimates for the fiscal ye
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela it incurs in that fiscal year — revenues that it receives in cluding from the provision of internal support services that Act TELEFILM CANADA Téléfilm Canada 1
– Payments to the corporation to be used for the purpose film Canada Act THE FEDERAL BRIDGE CORPORATION LIMITED La Société des ponts fédéraux Limitée
– Payments to the Corporation THE JACQUES-CARTIER AND CHAMPLAIN BRIDGES INC. Les Ponts Jacques-Cartier et Champlain Inc.
2020-2021
– Payments to the corporation to be applied in payment o penditures over its revenues (exclusive of depreciation and reserves) in the operation of the Jacques-Cartier an the Champlain Bridge Ice Control Structure, the Meloch des Soeurs Bypass Bridge and the federal sections of th Bridge and of the Bonaventure Expressway
Chapter 15: Appropriation Act No. 2, 2021–22 SCHEDULE 1
Vote No.
Items THE NATIONAL BATTLEFIELDS COMMISSION Commission des champs de bataille nationaux
– Program expenditures TREASURY BOARD SECRETARIAT Secrétariat du Conseil du Trésor
– Program expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp in that fiscal year — revenues that it receives in that fisc sion of internal support services under section 29.2 of th other activities
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro ra than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under sec ment of Canada Act, to ministers of State who preside o 5
Government Contingencies – Authority granted to the Treasury Board to supplement tion
– Authority granted to the Treasury Board to provide for m or unforeseen expenditures not otherwise provided for provision of new grants and contributions or for increas grants listed in any of the Estimates for the fiscal year — penditures are within the legal mandate of the departm tions for which they are made
– Authority to reuse any sums allotted and repaid to this a other appropriations 10
Government-wide Initiatives
– Authority granted to the Treasury Board to supplement tion for the fiscal year in support of the implementation ment initiatives in the federal public administration 20
Public Service Insurance
– Payments, in respect of insurance, pension or benefit pr rangements, or in respect of the administration of such ments, including premiums, contributions, benefits, fee tures made in respect of the federal public administratio and in respect of any other persons that the Treasury B
– Authority to expend any revenues or other amounts tha of insurance, pension or benefit programs or other arra
(a) to offset premiums, contributions, benefits, fees a in respect of those programs or arrangements; and
(b) to provide for the return to eligible employees of under subsection 96(3) of the Employment Insurance 25
Operating Budget Carry Forward
– Authority granted to the Treasury Board to supplement tion for the fiscal year by reason of the operating budge the previous fiscal year 30
Paylist Requirements – Authority granted to the Treasury Board to supplement tion for the fiscal year for
(a) requirements related to parental and maternity a
(b) entitlements on cessation of service or employm
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(c) adjustments that have not been provided from Vo Adjustments, made to terms and conditions of servi the federal public administration, including the Roya Police, as well as of members of the Canadian Force 35
Capital Budget Carry Forward
– Authority granted to the Treasury Board to supplement tion for the fiscal year by reason of the capital budget c previous fiscal year VETERANS REVIEW AND APPEAL BOARD Tribunal des anciens combattants (révision et appel) 1
– Program expenditures VIA RAIL CANADA INC. VIA Rail Canada Inc.
– Payments to the corporation in respect of the costs of its – Payments to the corporation for capital expenditures
– Payments to the corporation for the provision of rail pas Canada in accordance with contracts entered into pursu (c)(i) of Transport Vote 52d, Appropriation Act No. 1, 19 WINDSOR-DETROIT BRIDGE AUTHORITY Autorité du pont Windsor-Détroit 1
2020-2021
– Payments to the Authority for the discharge of its mand Letters Patent and the Canada-Michigan Crossing Agree
Chapter 15: Appropriation Act No. 2, 2021–22 SCHEDULE 1 (French)
ANNEXE 1
D’après le Budget principal des dépenses 2021-2022, la somme postes figurant à la présente annexe (136 426 003 053 $), moins le la Loi de crédits no 1 pour 2021-2022 (57 903 221 046 $).
Sommes accordées par la présente loi à Sa Majesté pour l’exercice dées. No du crédit
Postes
ADMINISTRATION CANADIENNE DE LA SÛRETÉ DU T Canadian Air Transport Security Authority 1
– Paiements à l’Administration pour les dépenses de dépenses en capital ADMINISTRATION DU PIPE-LINE DU NORD Northern Pipeline Agency
– Dépenses du programme – Contributions
AGENCE CANADIENNE DE DÉVELOPPEMENT ÉCONO Canadian Northern Economic Development Agenc 1
– Dépenses de fonctionnement
– Subventions inscrites à tout budget des dépenses p – Contributions AGENCE CANADIENNE D’ÉVALUATION D’IMPACT Impact Assessment Agency of Canada
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re de celui-ci qui proviennent de ce qui suit :
a) la réalisation d’évaluations par une commissi b) la formation;
c) la prestation de services de soutien internes e de cette loi. 5
– Subventions inscrites à tout budget des dépenses p – Contributions
AGENCE CANADIENNE D’INSPECTION DES ALIMENT Canadian Food Inspection Agency 1
– Dépenses de fonctionnement
– Subventions inscrites à tout budget des dépenses p – Contributions 5
– Dépenses en capital
AGENCE DE DÉVELOPPEMENT ÉCONOMIQUE DU CA RÉGIONS DU QUÉBEC Economic Development Agency of Canada for the 1
– Dépenses de fonctionnement
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u
2020-2021
Chapter 15: Appropriation Act No. 2, 2021–22 SCHEDULE 1 (French)
No du crédit
Postes
d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5
– Subventions inscrites à tout budget des dépenses p – Contributions AGENCE DE LA SANTÉ PUBLIQUE DU CANADA Public Health Agency of Canada
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re de celui-ci qui proviennent de la vente de produits, vices d’inspection et de la prestation de services de vertu de l’article 29.2 de cette loi 5
– Dépenses en capital
– Subventions inscrites à tout budget des dépenses p tant prévu pour chaque subvention pouvant être m lʼapprobation du Conseil du Trésor – Contributions
AGENCE DE PROMOTION ÉCONOMIQUE DU CANADA Atlantic Canada Opportunities Agency 1
– Dépenses de fonctionnement
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5
– Subventions inscrites à tout budget des dépenses p – Contributions
AGENCE FÉDÉRALE DE DÉVELOPPEMENT ÉCONOMIQ L’ONTARIO Federal Economic Development Agency for Southe 1 5
– Dépenses de fonctionnement
– Subventions inscrites à tout budget des dépenses p – Contributions AGENCE PARCS CANADA Parks Canada Agency
– Dépenses du programme – Dépenses en capital
– Subventions inscrites à tout budget des dépenses p – Contributions, notamment :
a) les dépenses afférentes à des propriétés autr nement fédéral;
2020-2021
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No du crédit
Postes
b) les paiements aux provinces et aux municipa tions à l’égard des engagements assumés par c 5
– Sommes créditées au Compte des nouveaux parcs les fins visées au paragraphe 21(3) de la Loi sur l’A AGENCE SPATIALE CANADIENNE Canadian Space Agency
– Dépenses de fonctionnement
– Dépenses en capital
– Subventions inscrites à tout budget des dépenses p – Contributions AUTORITÉ DU PONT WINDSOR-DÉTROIT Windsor-Detroit Bridge Authority
– Paiements à l’Autorité pour l’exécution de son man ses lettres patentes et à l’Accord sur le passage Ca BIBLIOTHÈQUE DU PARLEMENT Library of Parliament
– Dépenses du programme
– Autorisation de dépenser les recettes perçues au co proviennent de ses activités BIBLIOTHÈQUE ET ARCHIVES DU CANADA Library and Archives of Canada 1
– Dépenses de fonctionnement – Contributions
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer çues au cours de celui-ci qui proviennent de ce qui
a) les droits d’accès à la collection et les frais de ments de celle-ci;
b) la prestation de services de soutien internes e de cette loi. 5
– Dépenses en capital
BUREAU CANADIEN D’ENQUÊTE SUR LES ACCIDENT DE LA SÉCURITÉ DES TRANSPORTS Canadian Transportation Accident Investigation an 1
– Dépenses du programme
BUREAU DE L’ENQUÊTEUR CORRECTIONNEL DU CA Office of the Correctional Investigator of Canada 1
– Dépenses du programme BUREAU DE L’INFRASTRUCTURE DU CANADA Office of Infrastructure of Canada
– Dépenses de fonctionnement
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po
2020-2021
Chapter 15: Appropriation Act No. 2, 2021–22 SCHEDULE 1 (French)
No du crédit
Postes
une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5
– Dépenses en capital
– Subventions inscrites à tout budget des dépenses p – Contributions
BUREAU DU COMMISSAIRE À LA MAGISTRATURE FÉ Office of the Commissioner for Federal Judicial Aff 1
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re de celui-ci qui proviennent de la prestation de serv la formation judiciaire
– Traitements, indemnités et dépenses pour les juges adjoints de la Cour suprême du Yukon, de la Cour s du Nord-Ouest et de la Cour de justice du Nunavut sur les juges 5
– Dépenses de fonctionnement — Conseil canadien d BUREAU DU COMMISSAIRE AU RENSEIGNEMENT Office of the Intelligence Commissioner
– Dépenses du programme
BUREAU DU COMMISSAIRE AUX CONFLITS D’INTÉR Office of the Conflict of Interest and Ethics Commis 1
– Dépenses du programme
BUREAU DU CONSEILLER SÉNATORIAL EN ÉTHIQUE Office of the Senate Ethics Officer 1
– Dépenses du programme BUREAU DU CONSEIL PRIVÉ Privy Council Office
– Dépenses du programme, y compris :
a) les dépenses de fonctionnement des commis prévues;
b) les contributions relatives aux frais engagés p paraissant devant des commissions d’enquête;
c) le fonctionnement de la résidence du premier
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer çues au cours de celui-ci qui proviennent de ce qui
a) la formation en matière d’analyse du renseig
b) la prestation de services de soutien internes e de cette loi.
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po
2020-2021
Chapter 15: Appropriation Act No. 2, 2021–22 SCHEDULE 1 (French)
No du crédit
Postes
une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada
BUREAU DU DIRECTEUR DES POURSUITES PÉNALES Office of the Director of Public Prosecutions 1
– Dépenses du programme
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re de celui-ci qui proviennent de ce qui suit :
a) les services de poursuites et les services conn
b) les services de poursuites et les services conn mandat du Bureau — fournis de manière faculta d’État et à des organisations non fédérales ou in
c) les services de soutien internes fournis en ve cette loi. BUREAU DU DIRECTEUR GÉNÉRAL DES ÉLECTIONS Office of the Chief Electoral Officer 1
– Dépenses du programme
BUREAU DU DIRECTEUR PARLEMENTAIRE DU BUDG Office of the Parliamentary Budget Officer 1
– Dépenses du programme
BUREAU DU SECRÉTAIRE DU GOUVERNEUR GÉNÉRA Office of the Governor General’s Secretary 1
– Dépenses du programme
– Dépenses relatives aux anciens gouverneurs génér latives à leur conjoint, durant leur vie et pendant le décès, en lien avec l’exercice des attributions qui le de leurs fonctions de gouverneur général
BUREAU DU SURINTENDANT DES INSTITUTIONS FIN Office of the Superintendent of Financial Institution 1
– Dépenses du programme BUREAU DU VÉRIFICATEUR GÉNÉRAL Office of the Auditor General
– Dépenses du programme
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer çues au cours de celui-ci qui proviennent de ce qui
a) les services professionnels de vérification aux canadien des vérificateurs législatifs;
b) les enquêtes effectuées au titre de l’article 11 teur général.
2020-2021
Chapter 15: Appropriation Act No. 2, 2021–22 SCHEDULE 1 (French)
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Postes
CENTRE CANADIEN D’HYGIÈNE ET DE SÉCURITÉ AU Canadian Centre for Occupational Health and Safet 1
– Dépenses du programme
CENTRE D’ANALYSE DES OPÉRATIONS ET DÉCLARA DU CANADA Financial Transactions and Reports Analysis Centre 1
– Dépenses du programme
CENTRE DE LA SÉCURITÉ DES TÉLÉCOMMUNICATIO Communications Security Establishment 1
– Dépenses du programme
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re de celui-ci qui proviennent de ses activités, notamm services de soutien internes en vertu de l’article 29
CENTRE DE RECHERCHES POUR LE DÉVELOPPEMEN International Development Research Centre 1
– Paiements au Centre CHAMBRE DES COMMUNES House of Commons
– Dépenses du programme, notamment les paiemen ment des bureaux de circonscription des députés – Contributions
– Autorisation de dépenser les recettes perçues au co proviennent de ses activités
COMITÉ EXTERNE D’EXAMEN DE LA GENDARMERIE Royal Canadian Mounted Police External Review C 1
– Dépenses du programme
COMITÉ EXTERNE D’EXAMEN DES GRIEFS MILITAIRE Military Grievances External Review Committee 1
– Dépenses du programme
COMMISSARIAT À L’INTÉGRITÉ DU SECTEUR PUBLIC Office of the Public Sector Integrity Commissioner 1
– Dépenses du programme – Contributions COMMISSARIAT AU LOBBYING Office of the Commissioner of Lobbying
– Dépenses du programme COMMISSARIAT AUX LANGUES OFFICIELLES Office of the Commissioner of Official Languages
2020-2021
– Dépenses du programme
Chapter 15: Appropriation Act No. 2, 2021–22 SCHEDULE 1 (French)
No du crédit
Postes
COMMISSARIATS À L’INFORMATION ET À LA PROTE PRIVÉE DU CANADA Offices of the Information and Privacy Commission 1
– Dépenses du programme — Commissariat à l’infor
– Dépenses du programme — Commissariat à la prot
– Contributions — Commissariat à la protection de la
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer çues au cours de celui-ci qui proviennent de la pres soutien internes en vertu de l’article 29.2 de cette lo
COMMISSION CANADIENNE DES DROITS DE LA PER Canadian Human Rights Commission 1
– Dépenses du programme
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer çues au cours de celui-ci qui proviennent de la pres soutien internes en vertu de l’article 29.2 de cette lo COMMISSION CANADIENNE DES GRAINS Canadian Grain Commission 1
– Dépenses du programme
COMMISSION CANADIENNE DE SÛRETÉ NUCLÉAIRE Canadian Nuclear Safety Commission 1
– Dépenses du programme
– Subventions inscrites à tout budget des dépenses p – Contributions COMMISSION CANADIENNE DU LAIT Canadian Dairy Commission 1
– Dépenses du programme COMMISSION CANADIENNE DU TOURISME Canadian Tourism Commission
– Paiements à la Commission
COMMISSION CIVILE D’EXAMEN ET DE TRAITEMENT RELATIVES À LA GENDARMERIE ROYALE DU CAN Civilian Review and Complaints Commission for th Mounted Police 1
– Dépenses du programme COMMISSION DE LA CAPITALE NATIONALE National Capital Commission
– Paiements à la Commission pour les dépenses de f
– Paiements à la Commission pour les dépenses en c
2020-2021
Chapter 15: Appropriation Act No. 2, 2021–22 SCHEDULE 1 (French)
No du crédit
Postes COMMISSION DE LA FONCTION PUBLIQUE Public Service Commission
– Dépenses du programme
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re de celui-ci qui proviennent de la fourniture de prod tion, d’évaluation et de counseling et de la prestati tien internes en vertu de l’article 29.2 de cette loi
COMMISSION DE L’IMMIGRATION ET DU STATUT DE Immigration and Refugee Board 1
– Dépenses du programme
COMMISSION DES CHAMPS DE BATAILLE NATIONAU The National Battlefields Commission 1
– Dépenses du programme COMMISSION DES DÉBATS DES CHEFS Leaders’ Debates Commission
– Dépenses du programme
COMMISSION DES LIBÉRATIONS CONDITIONNELLES Parole Board of Canada 1
– Dépenses du programme
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re de celui-ci qui proviennent de la prestation de serv des demandes de suspension du casier présentées condamnées pour des infractions à des lois ou règ
COMMISSION D’EXAMEN DES PLAINTES CONCERNA MILITAIRE Military Police Complaints Commission 1
– Dépenses du programme COMMISSION DU DROIT D’AUTEUR Copyright Board
– Dépenses du programme
COMMISSION MIXTE INTERNATIONALE (SECTION CA International Joint Commission (Canadian Section) 1
– Dépenses du programme
– Dépenses de la section canadienne, y compris les t
– Dépenses relatives aux études, enquêtes et relevés mission en vertu du mandat international qui lui es
– Dépenses faites par la Commission en vertu de l’Ac les États-Unis relatif à la qualité de l’eau dans les G
2020-2021
Chapter 15: Appropriation Act No. 2, 2021–22 SCHEDULE 1 (French)
No du crédit
Postes CONSEIL CANADIEN DES NORMES Standards Council of Canada
– Paiements au Conseil au titre de l’alinéa 5a) de la L dien des normes
CONSEIL DE LA RADIODIFFUSION ET DES TÉLÉCOMM CANADIENNES Canadian Radio-television and Telecommunication 1
– Dépenses du programme
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re de celui-ci au titre du Règlement de 2010 sur les dr tion, du Règlement de 1997 sur les droits de licence Règlement sur les droits relatifs aux télécommunic dans le cadre de ses autres activités, jusqu’à concu prouvés par le Conseil du Trésor
CONSEIL DE RECHERCHES EN SCIENCES HUMAINES Social Sciences and Humanities Research Council 1
– Dépenses de fonctionnement
– Subventions inscrites à tout budget des dépenses p
CONSEIL DE RECHERCHES EN SCIENCES NATURELLE Natural Sciences and Engineering Research Counc 1
– Dépenses de fonctionnement
– Subventions inscrites à tout budget des dépenses p CONSEIL DES ARTS DU CANADA Canada Council for the Arts
– Paiements au Conseil devant servir aux fins généra de la Loi sur le Conseil des Arts du Canada
CONSEIL D’EXAMEN DU PRIX DES MÉDICAMENTS B Patented Medicine Prices Review Board 1
– Dépenses du programme CONSEIL NATIONAL DE RECHERCHES DU CANADA National Research Council of Canada
– Dépenses de fonctionnement
– Dépenses en capital
– Subventions inscrites à tout budget des dépenses p
– Contributions, y compris la fourniture de biens et d vatoire international du Télescope de trente mètres ÉCOLE DE LA FONCTION PUBLIQUE DU CANADA Canada School of Public Service 1
2020-2021
– Dépenses du programme
Chapter 15: Appropriation Act No. 2, 2021–22 SCHEDULE 1 (French)
No du crédit
Postes ÉNERGIE ATOMIQUE DU CANADA LIMITÉE Atomic Energy of Canada Limited
– Paiements à la société pour les dépenses de fonctio penses en capital GENDARMERIE ROYALE DU CANADA Royal Canadian Mounted Police
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer çues au cours de celui-ci qui proviennent notamme services de soutien internes en vertu de l’article 29 5
– Dépenses en capital
– Subventions inscrites à tout budget des dépenses p tant prévu pour chaque subvention pouvant être m l’approbation du Conseil du Trésor – Contributions INSTITUTS DE RECHERCHE EN SANTÉ DU CANADA Canadian Institutes of Health Research
– Dépenses de fonctionnement
– Subventions inscrites à tout budget des dépenses p INVESTIR AU CANADA Invest in Canada Hub
– Dépenses du programme LA SOCIÉTÉ DES PONTS FÉDÉRAUX LIMITÉE The Federal Bridge Corporation Limited
– Paiements à la Société LES PONTS JACQUES-CARTIER ET CHAMPLAIN INC. The Jacques-Cartier and Champlain Bridges Inc.
– Paiements à la société à affecter au paiement de l’e sur ses revenus, exception faite de l’amortissemen des réserves, relativement à l’exploitation des pont Champlain, de l’estacade du pont Champlain, du tu pont de contournement de l’Île des Sœurs et des tr pont Honoré-Mercier et de l’autoroute Bonaventure MARINE ATLANTIQUE S.C.C. Marine Atlantic Inc.
– Paiements à la société pour les dépenses liées à sa
– Paiements à la société pour les dépenses en capital
– Paiements à la société pour les services de transpo de transport maritime entre la Nouvelle-Écosse et T Labrador, et les navires, terminaux et infrastructure
MINISTÈRE DE LA CITOYENNETÉ ET DE L’IMMIGRAT Department of Citizenship and Immigration 1
2020-2021
– Dépenses de fonctionnement
Chapter 15: Appropriation Act No. 2, 2021–22 SCHEDULE 1 (French)
No du crédit
Postes
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice pour l dans le cadre du programme « Expérience internat cettes perçues au cours de cet exercice qui provien ces services
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5
– Dépenses en capital
– Subventions inscrites à tout budget des dépenses p
– Contributions, y compris la fourniture de biens et d MINISTÈRE DE LA DÉFENSE NATIONALE Department of National Defence 1
– Dépenses de fonctionnement
– Autorisation de contracter, sous réserve d’affectatio sor, des engagements totalisant 46 061 550 858 $ à et 10 du ministère, quelle que soit l’année au cours tué tout paiement afférent à l’un ou l’autre de ces e est estimé qu’une tranche de 23 337 696 148 $ devi années à venir)
– Autorisation de faire des dépenses ou des avances serve des directives du Conseil du Trésor, à l’égard des particuliers, des sociétés, des organismes exté tères ou organismes fédéraux et d’autres administr rendus en leur nom – Paiements effectués dans le cadre :
a) de programmes de pension, d’assurance et d d’autres ententes pour les employés recrutés su Canada;
b) de l’administration de ces programmes ou en primes, contributions, avantages, frais et autres les employés recrutés sur place à l’extérieur du personnes déterminées par le Conseil du Trésor
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer çues au cours de celui-ci qui proviennent notamme services de soutien internes en vertu de l’article 29
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5
– Dépenses en capital
– Subventions inscrites à tout budget des dépenses p butions, y compris :
a) les montants versés à un bénéficiaire ou ce q ment pour :
2020-2021
Chapter 15: Appropriation Act No. 2, 2021–22 SCHEDULE 1 (French)
No du crédit
Postes (i) la fourniture de biens ou de services, (ii) l’utilisation d’installations;
b) les contributions pouvant être approuvées pa conseil, aux termes de l’article 3 de la Loi de 195 fense, pour : (i) l’acquisition ou le transfert d’équipement
(ii) la fourniture de services aux fins de défen
(iii) l’acquisition ou le transfert de fourniture fins de défense. 15
– Paiements effectués dans le cadre :
a) de programmes d’assurance et d’avantages s tentes pour les militaires de la force régulière et des Forces canadiennes;
b) de l’administration de ces programmes ou en titre des primes, contributions, avantages socia penses engagés pour ces militaires et pour d’au nées par le Conseil du Trésor.
MINISTÈRE DE LA DIVERSIFICATION DE L’ÉCONOMIE CANADIEN Department of Western Economic Diversification 1
– Dépenses de fonctionnement
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5
– Subventions inscrites à tout budget des dépenses p – Contributions
MINISTÈRE DE L’AGRICULTURE ET DE L’AGROALIME Department of Agriculture and Agri-Food 1
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re de celui-ci qui proviennent de ce qui suit :
a) les ententes de recherche concertée et les ser
b) les activités de pâturage et de reproduction d rages communautaires;
c) l’administration du programme « Agri-stabilit
d) la prestation de services de soutien internes e de cette loi.
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5
2020-2021
– Dépenses en capital
Chapter 15: Appropriation Act No. 2, 2021–22 SCHEDULE 1 (French)
No du crédit 10
Postes
– Subventions inscrites à tout budget des dépenses p – Contributions MINISTÈRE DE LA JUSTICE Department of Justice
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re de celui-ci qui proviennent de ce qui suit :
a) les services juridiques fournis de manière ob et organismes fédéraux;
b) les services juridiques — conformes au mand nis de manière facultative à des sociétés d’État non fédérales ou internationales;
c) les services de soutien internes fournis en ve cette loi.
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5
– Subventions inscrites à tout budget des dépenses p – Contributions MINISTÈRE DE LA SANTÉ Department of Health
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re de celui-ci qui proviennent de ce qui suit :
a) la prestation de services — ou la vente de pro la santé, au bien-être et aux activités de régleme
b) la prestation de services de soutien internes e de cette loi.
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5
– Dépenses en capital
– Subventions inscrites à tout budget des dépenses p – Contributions, sous forme de paiements en argent biens ou de services
MINISTÈRE DE LA SÉCURITÉ PUBLIQUE ET DE LA PR Department of Public Safety and Emergency Prepa 1
2020-2021
– Dépenses de fonctionnement
Chapter 15: Appropriation Act No. 2, 2021–22 SCHEDULE 1 (French)
No du crédit
Postes – Dépenses en capital
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer çues au cours de celui-ci qui proviennent notamme services de soutien internes en vertu de l’article 29
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5
– Subventions inscrites à tout budget des dépenses p – Contributions
MINISTÈRE DE L’EMPLOI ET DU DÉVELOPPEMENT SO Department of Employment and Social Developme 1
– Dépenses de fonctionnement
– Autorisation d’effectuer des dépenses recouvrables Régime de pensions du Canada et de la Loi sur l’as
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer çues au cours de celui-ci qui proviennent de ce qui
a) les services visant à aider les provinces à adm grammes provinciaux financés aux termes des pement du marché du travail;
b) les services de soutien internes fournis en ve cette loi;
c) tout montant facturé à une société d’État en v la Loi sur l’indemnisation des agents de l’État en litige pour les recours par subrogation pour les
d) la portion des coûts de litige découlant des rè mandes de réclamation auprès de tiers pour les nismes faits en vertu de la Loi sur l’indemnisatio
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5
– Subventions inscrites à tout budget des dépenses p – Contributions MINISTÈRE DE L’ENVIRONNEMENT Department of the Environment
– Dépenses de fonctionnement
– Autorisation au ministre de l’Environnement d’enga conseils dont les commissions peuvent avoir besoi des traitements déterminés par celles-ci
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer
2020-2021
Chapter 15: Appropriation Act No. 2, 2021–22 SCHEDULE 1 (French)
No du crédit
Postes
perçues au cours de celui-ci qui proviennent de la p soutien internes en vertu de lʼarticle 29.2 de cette lo services, de la vente de produits d’information, de d’accès ou de l’octroi de baux, de licences ou d’aut tamment :
a) les services de recherche, les services d’analy tifiques; b) les relevés hydrologiques; c) les services de réglementation;
d) les services de surveillance, notamment les a des sables bitumineux;
e) les droits d’accès à des biens immeubles fédé réels fédéraux; f) les permis;
g) les services relatifs à des biens immeubles fé réels fédéraux, notamment l’octroi de baux de s gnies pétrolières et gazières et l’octroi de licenc rage.
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5
– Dépenses en capital
– Autorisation de faire des paiements aux provinces titre de contributions aux travaux de construction e nistrations
– Autorisation de faire des avances recouvrables ne d des frais de projets conjoints assumée par des orga des organismes de l’extérieur, y compris les dépen propriétés n’appartenant pas au gouvernement féd 10
– Subventions inscrites à tout budget des dépenses p
– Contributions, y compris celles aux pays en dévelo multilatéral pour l’application du Protocole de Mon paiements en argent ou de fourniture de biens, d’é vices MINISTÈRE DE L’INDUSTRIE Department of Industry 1
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re de celui-ci qui proviennent de ce qui suit :
a) la prestation de services de soutien internes e de cette loi et de services de soutien internes à intellectuelle du Canada;
b) les activités liées aux recherches sur les com de recherches sur les communications;
c) les services et la procédure d’insolvabilité, au lite et l’insolvabilité, au Bureau du surintendant
d) les activités de Corporations Canada au titre les sociétés par actions, de la Loi sur les chamb
2020-2021
Chapter 15: Appropriation Act No. 2, 2021–22 SCHEDULE 1 (French)
No du crédit
Postes
Loi canadienne sur les coopératives et de la Loi ganisations à but non lucratif;
e) les services et la procédure réglementaire au rence pour les fusions et toute chose s’y rappor préalables à une fusion, les certificats de décisio consultatifs au titre de la Loi sur la concurrence
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5 10
– Dépenses en capital
– Subventions inscrites à tout budget des dépenses p – Contributions
L15
– Paiements effectués en vertu du paragraphe 14(2) d de l’Industrie
L20
– Prêts effectués en vertu de l’alinéa 14(1)a) de la Loi dustrie
MINISTÈRE DES AFFAIRES ÉTRANGÈRES, DU COMM DÉVELOPPEMENT Department of Foreign Affairs, Trade and Developm 1
– Dépenses de fonctionnement, y compris celles liées présentants du Canada à l’étranger, à leur personn fectés par le gouvernement canadien au personnel tionaux
– Autorisation de faire des avances recouvrables à de tionaux jusqu’à concurrence de la valeur des action ces organismes
– Dépenses relatives aux locaux de l’Organisation de tionale
– Autorisation d’effectuer des dépenses recouvrables et résidents canadiens qui se trouvent en difficulté leurs personnes à charge, et pour rapatrier ces per
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer çues au cours de celui-ci qui proviennent de ce qui a) les foires commerciales et éducatives; b) les publications ministérielles; c) la prestation des services suivants :
(i) la formation offerte par l’Institut canadien
(ii) les missions commerciales et autres serv du commerce international,
(iii) les services de développement des inves
(iv) les services de télécommunication intern
(v) les autres services fournis à l’étranger à d ganismes, sociétés d’État et autres organisat (vi) les services consulaires spécialisés.
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u
2020-2021
Chapter 15: Appropriation Act No. 2, 2021–22 SCHEDULE 1 (French)
No du crédit
Postes
d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5 10
– Dépenses en capital
– Subventions inscrites à tout budget des dépenses p
– Contributions, y compris les paiements à d’autres fi niture de biens et de services pour :
a) la promotion du commerce et de l’investissem
b) l’aide humanitaire internationale et l’aide fou curité internationale, le développement internat diale. 15
– Paiements effectués dans le cadre :
a) de programmes de pension, d’assurance et d d’autres ententes pour les employés recrutés su Canada;
b) de l’administration de ces programmes ou en primes, contributions, avantages, frais et autres les employés recrutés sur place à l’extérieur du personnes déterminées par le Conseil du Trésor 20
– Aide financière fournie par le ministre des Affaires tion avec le ministre des Finances, à titre de contrib financières internationales pour l’exercice 2021-202 au paragraphe 12(2) de la Loi d’aide au développem tutions financières), ne dépasse pas 257 361 748 $
L25
– Achat d’actions d’institutions financières internatio 2021-2022 pour une somme d’au plus 34 093 654 $ 49 435 453 $ CAN —, effectué en conformité avec le Loi d’aide au développement international (institut grâce à l’aide financière fournie par le ministre des consultation avec le ministre des Finances
L30
– Prêts effectués en vertu de l’alinéa 3(1)a) de la Loi s ternationale MINISTÈRE DES ANCIENS COMBATTANTS Department of Veterans Affairs
– Dépenses de fonctionnement
– Dépenses afférentes à l’entretien des biens immeub compris celles relatives à des travaux de génie et d qui n’ajoutent aucune valeur tangible au bien ainsi taxes, assurances et services publics
– Sous réserve de l’approbation du gouverneur en co rentes :
a) aux travaux de réparation nécessaires sur de en vertu de contrats particuliers à prix ferme et à la Loi sur les terres destinées aux anciens com ch. V-4), afin de corriger des défectuosités dont ni l’entrepreneur ne peuvent être tenus financiè
b) à tout autre travail qui s’impose sur d’autres vegarder le droit ou l’intérêt que le directeur po propriétés.
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé
2020-2021
Chapter 15: Appropriation Act No. 2, 2021–22 SCHEDULE 1 (French)
No du crédit
Postes
et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5
– Subventions inscrites à tout budget des dépenses p tant inscrit à chacune des subventions pouvant être de l’approbation du Conseil du Trésor – Contributions
MINISTÈRE DES FEMMES ET DE L’ÉGALITÉ DES GEN Department for Women and Gender Equality 1
– Dépenses de fonctionnement
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5
– Subventions inscrites à tout budget des dépenses p – Contributions MINISTÈRE DES FINANCES Department of Finance
– Dépenses du programme
– Subventions inscrites à tout budget des dépenses p – Contributions
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer çues au cours de celui-ci qui proviennent de la pres soutien internes en vertu de l’article 29.2 de cette lo
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5
– Aide financière fournie par le ministre des Finances tionale de développement, en vertu du paragraphe cords de Bretton Woods et des accords connexes, 423 240 000 dollars canadiens pour l’exercice 2021 MINISTÈRE DES PÊCHES ET DES OCÉANS Department of Fisheries and Oceans
– Dépenses de fonctionnement
– Participation du Canada aux dépenses des commis des pêches
– Autorisation de fournir gratuitement des locaux aux tionales des pêches
– Autorisation de faire des avances recouvrables équ de la quote-part de ces commissions dans les prog
– Autorisation de faire des avances recouvrables pou port et d’arrimage et d’autres services de la marine des particuliers, à des organismes indépendants et
2020-2021
Chapter 15: Appropriation Act No. 2, 2021–22 SCHEDULE 1 (French)
No du crédit
Postes
gouvernements en lien avec l’exercice de sa compé vigation, y compris les aides à la navigation et à la
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re de celui-ci qui proviennent de ce qui suit : a) les activités de la Garde côtière canadienne;
b) la prestation de services de soutien internes e de cette loi.
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5
– Dépenses en capital
– Autorisation de faire des paiements aux provinces, des autorités locales ou privées à titre de contribut construction entrepris par ces administrations ou a
– Autorisation d’acheter des bateaux de pêche comm 10
– Subventions inscrites à tout budget des dépenses p – Contributions
MINISTÈRE DES RELATIONS COURONNE-AUTOCHTO DU NORD Department of Crown-Indigenous Relations and No 1
– Dépenses de fonctionnement
– Dépenses relatives aux ouvrages, bâtiments et mat
– Autorisation d’effectuer des dépenses — recouvrab aux travaux effectués sur des propriétés n’apparten ment fédéral et aux services fournis à l’égard de ce
– Autorisation d’affecter des fonds dans le cadre d’ac grès économique des Indiens et des Inuits, relative la capacité des Indiens et des Inuits et à l’approvisi et en matériel
– Autorisation de vendre de l’électricité, conforméme prouvées par le gouverneur en conseil, aux consom particuliers vivant dans des centres éloignés lorsqu accès aux sources alternatives locales d’approvisio
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer çues au cours de celui-ci qui proviennent de la pres soutien internes en vertu de l’article 29.2 de cette lo
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5
– Dépenses en capital
– Dépenses relatives aux bâtiments, ouvrages, terrain gestion, le contrôle et la propriété peuvent être tran
2020-2021
Chapter 15: Appropriation Act No. 2, 2021–22 SCHEDULE 1 (French)
No du crédit
Postes
a) soit aux gouvernements provinciaux, selon le vées par le gouverneur en conseil;
b) soit à des bandes indiennes ou à des Indiens culier, à la discrétion du ministre des Relations
– Dépenses relatives aux bâtiments, ouvrages, terrain à l’égard de propriétés n’appartenant pas au gouve
– Autorisation d’effectuer des dépenses recouvrables dépassant pas la part des frais assumés par les gou ciaux pour des routes et ouvrages connexes 10
– Subventions inscrites à tout budget des dépenses p – Contributions
L15
– Prêts à des revendicateurs autochtones, conformém prouvées par le gouverneur en conseil, pour le paie aux revendications autochtones (recherche, négoci documents) MINISTÈRE DES RESSOURCES NATURELLES Department of Natural Resources
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re de celui-ci qui proviennent de ce qui suit :
a) la vente de produits d’information et de prod
b) la délivrance de licences, de permis et de cer sur les explosifs et du Règlement de 2013 sur le
c) la formation et les attestations de formation l ment visés à l’alinéa b);
d) la perception, dans le cadre des activités du m des services de recherche, de consultation, d’év d’administration et pour l’accès à des travaux d
e) la prestation de services de soutien internes e de la Loi sur la gestion des finances publiques.
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5 10
– Dépenses en capital
– Subventions inscrites à tout budget des dépenses p – Contributions MINISTÈRE DES SERVICES AUX AUTOCHTONES Department of Indigenous Services
– Dépenses de fonctionnement
– Dépenses relatives aux ouvrages, bâtiments et mat
– Autorisation d’effectuer des dépenses — recouvrab aux travaux effectués sur des propriétés n’apparten ment fédéral et aux services fournis à l’égard de ce
– Autorisation d’affecter des fonds dans le cadre d’ac grès économique des Indiens et des Inuits, relative
2020-2021
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No du crédit
Postes
la capacité des Indiens et des Inuits et à l’approvisi et en matériel
– Autorisation de vendre de l’électricité, conforméme prouvées par le gouverneur en conseil, aux consom particuliers vivant dans des centres éloignés lorsqu accès aux sources alternatives locales d’approvisio
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer çues au cours de celui-ci qui proviennent de ce qui
a) la prestation de services ou la vente de produ protection de la santé et aux services médicaux
b) la prestation de services de soutien internes e de cette loi.
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5
– Dépenses en capital
– Dépenses relatives aux bâtiments, ouvrages, terrain gestion, le contrôle et la propriété peuvent être tran
a) soit aux gouvernements provinciaux, selon le vées par le gouverneur en conseil;
b) soit à des bandes indiennes ou à des Indiens culier, à la discrétion du ministre des Services a
– Dépenses relatives aux bâtiments, ouvrages, terrain à l’égard de propriétés n’appartenant pas au gouve
– Autorisation d’effectuer des dépenses recouvrables dépassant pas la part des frais assumés par les gou ciaux pour des routes et ouvrages connexes 10
– Subventions inscrites à tout budget des dépenses p – Contributions, sous forme de paiements en argent biens ou de services MINISTÈRE DES TRANSPORTS Department of Transport
– Dépenses de fonctionnement
– Autorisation d’engager des dépenses pour des bien dans le cadre de l’exercice d’une compétence en m
– Autorisation de payer des commissions pour le rec en vertu de la Loi sur l’aéronautique
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re de celui-ci qui proviennent notamment de la presta tien internes en vertu de l’article 29.2 de cette loi
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé
2020-2021
Chapter 15: Appropriation Act No. 2, 2021–22 SCHEDULE 1 (French)
No du crédit
Postes
et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5 10
– Dépenses en capital
– Subventions inscrites à tout budget des dépenses p – Contributions
MINISTÈRE DES TRAVAUX PUBLICS ET DES SERVICE GOUVERNEMENTAUX Department of Public Works and Government Serv 1
– Dépenses de fonctionnement pour la prestation de locaux et de services communs et centraux
– Autorisation d’effectuer des dépenses recouvrables Régime de pensions du Canada, de la Loi sur l’assu Loi sur l’administration des biens saisis
– Autorisation de dépenser les recettes perçues au co proviennent de la prestation de services de gestion vices communs et centraux
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re de celui-ci qui proviennent notamment de la presta tien internes en vertu de l’article 29.2 de cette loi
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5
– Dépenses en capital, y compris les dépenses relativ autres que des biens fédéraux
– Autorisation d’effectuer des remboursements à des fédéraux ou de biens réels fédéraux relativement à ceux-ci autorisées par le ministre des Travaux publ vernementaux MINISTÈRE DU PATRIMOINE CANADIEN Department of Canadian Heritage 1
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re de celui-ci qui proviennent de ce qui suit :
a) les activités de l’Institut canadien de conserva dien d’information sur le patrimoine et du Burea produits audiovisuels canadiens;
b) les activités afférentes au programme « Expé
c) la prestation de services de soutien internes e de cette loi.
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé
2020-2021
Chapter 15: Appropriation Act No. 2, 2021–22 SCHEDULE 1 (French)
No du crédit
Postes
et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5
– Subventions inscrites à tout budget des dépenses p – Contributions MUSÉE CANADIEN DE LA NATURE Canadian Museum of Nature
– Paiements au Musée pour les dépenses de fonction en capital MUSÉE CANADIEN DE L’HISTOIRE Canadian Museum of History
– Paiements au Musée pour les dépenses de fonction en capital MUSÉE CANADIEN DE L’IMMIGRATION DU QUAI 21 Canadian Museum of Immigration at Pier 21
– Paiements au Musée pour les dépenses de fonction en capital MUSÉE CANADIEN DES DROITS DE LA PERSONNE Canadian Museum for Human Rights
– Paiements au Musée pour les dépenses de fonction en capital MUSÉE DES BEAUX-ARTS DU CANADA National Gallery of Canada
– Paiements au Musée pour les dépenses de fonction en capital
– Paiements au Musée à l’égard de l’acquisition d’ob Musée et des frais connexes
MUSÉE NATIONAL DES SCIENCES ET DE LA TECHNO National Museum of Science and Technology 1
– Paiements au Musée pour les dépenses de fonction en capital OFFICE DES TRANSPORTS DU CANADA Canadian Transportation Agency
– Dépenses du programme OFFICE NATIONAL DU FILM National Film Board
– Dépenses du programme
ORGANISATION CANADIENNE D’ÉLABORATION DE N D’ACCESSIBILITÉ Canadian Accessibility Standards Development Org 1
– Dépenses de fonctionnement
– Subventions inscrites à tout budget des dépenses p – Contributions
2020-2021
Chapter 15: Appropriation Act No. 2, 2021–22 SCHEDULE 1 (French)
No du crédit
Postes RÉGIE CANADIENNE DE L’ÉNERGIE Canadian Energy Regulator
– Dépenses du programme
– Subventions inscrites à tout budget des dépenses p – Contributions
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re de celui-ci qui proviennent de la prestation de serv en vertu de l’article 29.2 de cette loi REGISTRAIRE DE LA COUR SUPRÊME DU CANADA Registrar of the Supreme Court of Canada 1
– Dépenses du programme
SECRÉTARIAT DE L’OFFICE DE SURVEILLANCE DES A DE SÉCURITÉ NATIONALE ET DE RENSEIGNEMEN National Security and Intelligence Review Agency S 1
– Dépenses du programme
SECRÉTARIAT DES CONFÉRENCES INTERGOUVERNE CANADIENNES Canadian Intergovernmental Conference Secretaria 1
– Dépenses du programme
SECRÉTARIAT DU COMITÉ DES PARLEMENTAIRES S NATIONALE ET LE RENSEIGNEMENT Secretariat of the National Security and Intelligence Parliamentarians 1
– Dépenses du programme SECRÉTARIAT DU CONSEIL DU TRÉSOR Treasury Board Secretariat
– Dépenses du programme
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re de celui-ci qui proviennent de la prestation de serv en vertu de l’article 29.2 de cette loi et de ses autre
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5
Dépenses éventuelles du gouvernement
– Autorisation donnée au Conseil du Trésor d’augme
– Autorisation donnée au Conseil du Trésor de payer urgentes ou imprévues — auxquelles il n’est pas p notamment pour lʼoctroi de nouvelles subventions l’augmentation du montant de toute subvention pr des dépenses pour l’exercice, dans la mesure où ce
2020-2021
Chapter 15: Appropriation Act No. 2, 2021–22 SCHEDULE 1 (French)
No du crédit
Postes
conformes au mandat du ministère ou de l’organis sont effectuées
– Autorisation de réemployer les sommes affectées à d’autres crédits et versées au présent crédit 10
Initiatives pangouvernementales
– Autorisation donnée au Conseil du Trésor d’augme pour l’exercice, pour appuyer la mise en œuvre d’in dans l’administration publique fédérale en matière 20
Assurances de la fonction publique
– À l’égard de tout ou partie de la fonction publique e sonnes déterminées par le Conseil du Trésor, paiem cadre des programmes d’assurance, de pension, d d’autres ententes — ou de l’administration de ces p tentes —, notamment au titre des primes, contribu ciaux, frais et autres dépenses
– Autorisation d’affecter tous revenus ou toutes autre dans le cadre des programmes d’assurance, de pen ciaux ou d’autres ententes :
a) pour compenser notamment les primes, cont ciaux, frais et autres dépenses liés à ces program tentes;
b) pour rembourser les employés admissibles, e graphe 96(3) de la Loi sur l’assurance-emploi, p primes retenues. 25
Report du budget de fonctionnement
– Autorisation donnée au Conseil du Trésor d’augme pour l’exercice en raison du report de tout budget d l’exercice précédent 30
Besoins en matière de rémunération
– Autorisation donnée au Conseil du Trésor d’augme pour l’exercice pour : a) des prestations parentales et de maternité; b) des versements liés à la cessation de service
c) des rajustements apportés aux modalités de l’administration publique fédérale, notamment du Canada, et des membres des Forces canadie pourvus par le crédit 15, Rajustements à la rému 35
Report du budget des dépenses en capital
– Autorisation donnée au Conseil du Trésor d’augme pour l’exercice en raison du report de tout budget d de l’exercice précédent SÉNAT Senate 1
– Dépenses du programme, notamment les paiemen ment des bureaux des sénateurs et le versement d ment au président du Sénat au lieu de la mise à sa dence – Contributions
– Autorisation de dépenser les recettes perçues au co proviennent de ses activités
2020-2021
Chapter 15: Appropriation Act No. 2, 2021–22 SCHEDULE 1 (French)
No du crédit
Postes
SERVICE ADMINISTRATIF DES TRIBUNAUX JUDICIAI Courts Administration Service 1
– Dépenses du programme
SERVICE CANADIEN D’APPUI AUX TRIBUNAUX ADM Administrative Tribunals Support Service of Canad 1
– Dépenses du programme
– Autorisation d’effectuer des dépenses recouvrables Régime de pensions du Canada et de la Loi sur l’as
SERVICE CANADIEN DU RENSEIGNEMENT DE SÉCUR Canadian Security Intelligence Service 1
– Dépenses du programme SERVICE CORRECTIONNEL DU CANADA Correctional Service of Canada
– Dépenses de fonctionnement
– Subventions inscrites à tout budget des dépenses p – Contributions
– Autorisation de verser à la Caisse de bienfaisance d tirés, au cours de l’exercice, des activités des déten caisse
– Autorisation d’exploiter des cantines dans les établ de verser les recettes, au cours de l’exercice, à la C des détenus
– Paiements, selon les conditions fixées par le gouve
a) aux détenus libérés aux prises avec une incap tant de leur participation aux activités normales ments fédéraux ou pour le compte de tels déten
b) aux personnes à charge de détenus — libérés suite de leur participation à de telles activités.
– Autorisation au ministre de la Sécurité publique et sous réserve de l’approbation du gouverneur en co entente avec le gouvernement de toute province en
a) de l’incarcération, dans les établissements de sonnes condamnées ou transférées dans un pén
b) de l’indemnisation afférente à l’entretien de c
c) du paiement des frais de construction et d’au ces établissements.
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer çues au cours de celui-ci qui proviennent de la pres soutien internes en vertu de l’article 29.2 de cette lo 5
– Dépenses en capital, notamment les paiements :
a) aux collectivités autochtones, au sens de l’art système correctionnel et la mise en liberté sous accord visé à l’article 81 de cette loi et prévoyan vices correctionnels;
b) aux organisations à but non lucratif prenant p tionnelles communautaires, aux provinces et au de contributions pour leurs travaux de construc
2020-2021
Chapter 15: Appropriation Act No. 2, 2021–22 SCHEDULE 1 (French)
No du crédit
Postes SERVICE DE PROTECTION PARLEMENTAIRE Parliamentary Protective Service
– Dépenses du programme
– Autorisation de dépenser les recettes perçues au co proviennent de ses activités SERVICES PARTAGÉS CANADA Shared Services Canada 1
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice pour l de technologie de l’information au titre de la Loi su Canada, les recettes perçues au cours de celui-ci qu prestation de ces services 5
– Dépenses en capital
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses en capital engagées au cours de cet exer çues au cours de celui-ci qui proviennent de la pres technologie de l’information au titre de la Loi sur S Canada SOCIÉTÉ CANADIENNE DES POSTES Canada Post Corporation 1
– Paiements à la Société à des fins spéciales
SOCIÉTÉ CANADIENNE D’HYPOTHÈQUES ET DE LOG Canada Mortgage and Housing Corporation 1
– Paiements à la Société visant à la rembourser pour par elle sur les prêts consentis, les subventions et c les dépenses contractées, les pertes subies et les fr selon le cas : a) au titre de la Loi nationale sur l’habitation;
b) dans le cadre des attributions qui lui sont con loi fédérale et qu’elle exerce en conformité avec nadienne d’hypothèques et de logement. SOCIÉTÉ DU CENTRE NATIONAL DES ARTS National Arts Centre Corporation 1
– Paiements à la Société pour les dépenses de fonctio SOCIÉTÉ RADIO-CANADA Canadian Broadcasting Corporation
– Paiements à la Société pour les dépenses de fonctio
– Paiements à la Société pour le fonds de roulement
– Paiements à la Société pour les dépenses en capita
STATION CANADIENNE DE RECHERCHE DANS L’EXT Canadian High Arctic Research Station 1
– Dépenses du programme
– Subventions inscrites à tout budget des dépenses p
2020-2021
Chapter 15: Appropriation Act No. 2, 2021–22 SCHEDULE 1 (French)
No du crédit
Postes – Contributions STATISTIQUE CANADA Statistics Canada
– Dépenses du programme
– Subventions inscrites à tout budget des dépenses p
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer çues au cours de celui-ci qui proviennent notamme services de soutien internes en vertu de l’article 29 TÉLÉFILM CANADA Telefilm Canada 1
– Paiements à la société devant servir aux fins prévue Canada
TRIBUNAL DES ANCIENS COMBATTANTS (RÉVISION Veterans Review and Appeal Board 1
– Dépenses du programme VIA RAIL CANADA INC. VIA Rail Canada Inc.
– Paiements à la société pour les dépenses liées à sa
– Paiements à la société pour les dépenses en capital
– Paiements à la société en vue de la prestation d’un Canada, conformément aux contrats conclus en ve du crédit 52d (Transports) de la Loi no 1 de 1977 po dits
2020-2021
Chapter 15: Appropriation Act No. 2, 2021–22 SCHEDULE 2
SCHEDULE 2
Based on the Main Estimates 2021–22, the amount granted is $4,2 in this Schedule ($5,606,465,477) less the total of the interim app Act No. 1, 2021–22 ($1,401,616,371).
Sums granted to Her Majesty by this Act for the fiscal year endin following fiscal year ending March 31, 2023 and the purposes for w Vote No.
Items CANADA BORDER SERVICES AGENCY Agence des services frontaliers du Canada
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp in that fiscal year — revenues that it receives in that fisc
(a) fees, related to border operations, for the provisi use of a facility or for a product, right or privilege; a (b) payments received under contracts entered into 5
– Capital expenditures CANADA REVENUE AGENCY Agence du revenu du Canada
– Operating expenditures
– The grants listed in any of the Estimates for the fiscal ye – Contributions
– Authority to make recoverable expenditures in relation the Canada Pension Plan and the Employment Insuranc 5
– Capital expenditures
– Authority to make recoverable expenditures in relation the Canada Pension Plan and the Employment Insuranc
2020-2021
Chapter 15: Appropriation Act No. 2, 2021–22 SCHEDULE 2 (French)
ANNEXE 2
D’après le Budget principal des dépenses 2021-2022, la somme acc figurant à la présente annexe (5 606 465 477 $), moins le total des crédits no 1 pour 2021-2022 (1 401 616 371 $).
Sommes accordées par la présente loi à Sa Majesté pour l’exercice en cours et à l’exercice suivant se terminant le 31 mars 2023, et fin No du crédit
Postes AGENCE DES SERVICES FRONTALIERS DU CANADA Canada Border Services Agency
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Loi su publiques, d’affecter, au cours de l’exercice, à la compe engagées au cours de cet exercice, les recettes perçues proviennent de ce qui suit :
a) les droits — liés aux activités à la frontière — perç d’un service, l’utilisation d’une installation, l’achat d cice d’un droit ou d’un privilège;
b) les paiements reçus au titre de contrats conclus p 5
– Dépenses en capital AGENCE DU REVENU DU CANADA Canada Revenue Agency
– Dépenses de fonctionnement – Subventions inscrites à tout budget des dépenses pour – Contributions
– Autorisation d’effectuer des dépenses recouvrables liée gime de pensions du Canada et de la Loi sur l’assuranc 5
– Dépenses en capital
– Autorisation d’effectuer des dépenses recouvrables liée gime de pensions du Canada et de la Loi sur l’assuranc
Published under authority of the Speaker of the House of Commons 2020-2021
Disponible sur le site Web de la Chambre des comm
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Second Session, Forty-third Parliament, 69-70 Elizabeth II, 2020-2021
STATUTES OF CANADA 2021
CHAPTER 2
An Act to amend the Criminal Code (medical assistance in dying)
ASSENTED TO MARCH 17, 2021 BILL C-7
SUMMARY This enactment amends the Criminal Code to, among other things, (a) repeal the provision that requires a person’s natural death be reasonably foreseeable in order for them to be eligible for medical assistance in dying; (b) specify that persons whose sole underlying medical condition is a mental illness are not eligible for medical assistance in dying; (c) create two sets of safeguards that must be respected before medical assistance in dying may be provided to a person, the application of which depends on whether the person’s natural death is reasonably foreseeable; (d) permit medical assistance in dying to be provided to a person who has been found eligible to receive it, whose natural death is reasonably foreseeable and who has lost the capacity to consent before medical assistance in dying is provided, on the basis of a prior agreement they entered into with the medical practitioner or nurse practitioner; and (e) permit medical assistance in dying to be provided to a person who has lost the capacity to consent to it as a result of the self-administration of a substance that was provided to them under the provisions governing medical assistance in dying in order to cause their own death.
i
69-70 ELIZABETH II
CHAPTER 2
An Act to amend the Criminal Code (medical assistance in dying) [Assented to 17th March, 2021]
Preamble Whereas the Government of Canada has committed to responding to the Superior Court of Québec decision in Truchon v. Attorney General of Canada;
Whereas Parliament considers that it is appropriate to no longer limit eligibility for medical assistance in dying to persons whose natural death is reasonably foreseeable and to provide additional safeguards for those persons whose natural death is not reasonably foreseeable; Whereas under the Canadian Charter of Rights and Freedoms every individual has the right to life, liberty and security of the person without being deprived of them except in accordance with the principles of fundamental justice and has the right to the equal protection and equal benefit of the law without discrimination; Whereas Canada is a State Party to the United Nations Convention on the Rights of Persons with Disabilities and recognizes its obligations under it, including in respect of the right to life; Whereas Parliament affirms the inherent and equal value of every person’s life and the importance of taking a human rights-based approach to disability inclusion; Whereas Parliament recognizes the need to balance several interests and societal values, including the autonomy of persons who are eligible to receive medical assistance in dying, the protection of vulnerable persons from being induced to end their lives and the important public health issue that suicide represents; Whereas it is desirable to have a consistent approach to medical assistance in dying across Canada, while recognizing the provinces’ jurisdiction over various matters related to medical assistance in dying,
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including the delivery of health care services and the regulation of health care professionals, as well as insurance contracts and coroners and medical examiners; Whereas the Government of Canada is committed to having a federal monitoring regime that provides a reliable national dataset and that promotes accountability under the law governing medical assistance in dying and improve the transparency of its implementation; Whereas, while recognizing the inherent risks and complexity of permitting medical assistance in dying for persons who are unable to provide consent at the time of the procedure, Parliament considers it appropriate to permit dying persons who have been found eligible to receive medical assistance in dying and are awaiting its provision to obtain medical assistance in dying even if they lose the capacity to provide final consent, except if they demonstrate signs of resistance to or refusal of the procedure; Whereas further consultation and deliberation are required to determine whether it is appropriate and, if so, how to provide medical assistance in dying to persons whose sole underlying medical condition is a mental illness in light of the inherent risks and complexity of the provision of medical assistance in dying in those circumstances; And whereas the law provides that a committee of Parliament will begin a review of the legislative provisions relating to medical assistance in dying and the state of palliative care in Canada in June 2020, which review may include issues of advance requests and requests where mental illness is the sole underlying medical condition;
Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: R.S., c. 46
Criminal Code 2016, c. 3, s. 3
1 (1) Subsection 241.2(2) of the Criminal Code is amended by adding “and” at the end of
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paragraph (b), by striking out “and” at the end of paragraph (c) and by repealing paragraph (d). (2) Section 241.2 of the Act is amended by adding
the following after subsection (2):
Exclusion (2.1) For the purposes of paragraph (2)(a), a mental illness is not considered to be an illness, disease or disability. (2.1) Subsection 241.2(2.1) of the Act is repealed.
2016, c. 3, s. 3
(3) The portion of subsection 241.2(3) of the Act
before paragraph (a) is replaced by the following: Safeguards — natural death foreseeable (3) Subject to subsection (3.2), before a medical practitioner or nurse practitioner provides medical assistance in dying to a person whose natural death is reasonably foreseeable, taking into account all of their medical circumstances, without a prognosis necessarily having been made as to the specific length of time that they have remaining, the medical practitioner or nurse practitioner must 2016, c. 3, s. 3
(4) Paragraph 241.2(3)(c) of the Act is replaced by the following: (c) be satisfied that the request was signed and dated by the person — or by another person under subsection (4) — before an independent witness who then also signed and dated the request; 2016, c. 3, s. 3
(5) Paragraph 241.2(3)(g) of the Act is replaced by
the following: (g) if the person has difficulty communicating, take all necessary measures to provide a reliable means by which the person may understand the information that is provided to them and communicate their decision; and 2016, c. 3, s. 3
(6) Subsection 241.2(3) of the Act is amended by
striking out “and” at the end of paragraph (h) and by repealing paragraph (i).
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(7) Section 241.2 of the Act is amended by adding
the following after subsection (3):
Safeguards — natural death not foreseeable (3.1) Before a medical practitioner or nurse practitioner
provides medical assistance in dying to a person whose natural death is not reasonably foreseeable, taking into account all of their medical circumstances, the medical practitioner or nurse practitioner must (a) be of the opinion that the person meets all of the criteria set out in subsection (1); (b) ensure that the person’s request for medical assistance in dying was (i) made in writing and signed and dated by the
person or by another person under subsection (4), and (ii) signed and dated after the person was informed
by a medical practitioner or nurse practitioner that the person has a grievous and irremediable medical condition; (c) be satisfied that the request was signed and dated by the person — or by another person under subsection (4) — before an independent witness who then also signed and dated the request; (d) ensure that the person has been informed that the person may, at any time and in any manner, withdraw their request; (e) ensure that another medical practitioner or nurse practitioner has provided a written opinion confirming that the person meets all of the criteria set out in subsection (1); (e.1) if neither they nor the other medical practitioner or nurse practitioner referred to in paragraph (e) has expertise in the condition that is causing the person’s suffering, ensure that they or the medical practitioner or nurse practitioner referred to in paragraph (e) consult with a medical practitioner or nurse practitioner who has that expertise and share the results of that consultation with the other practitioner; (f) be satisfied that they and the medical practitioner
or nurse practitioner referred to in paragraph (e) are independent; (g) ensure that the person has been informed of the means available to relieve their suffering, including, where appropriate, counselling services, mental health
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and disability support services, community services and palliative care and has been offered consultations with relevant professionals who provide those services or that care; (h) ensure that they and the medical practitioner or nurse practitioner referred to in paragraph (e) have discussed with the person the reasonable and available means to relieve the person’s suffering and they and the medical practitioner or nurse practitioner referred to in paragraph (e) agree with the person that the person has given serious consideration to those means; (i) ensure that there are at least 90 clear days between
the day on which the first assessment under this subsection of whether the person meets the criteria set out in subsection (1) begins and the day on which medical assistance in dying is provided to them or — if the assessments have been completed and they and the medical practitioner or nurse practitioner referred to in paragraph (e) are both of the opinion that the loss of the person’s capacity to provide consent to receive medical assistance in dying is imminent — any shorter period that the first medical practitioner or nurse practitioner considers appropriate in the circumstances; (j) if the person has difficulty communicating, take all necessary measures to provide a reliable means by which the person may understand the information that is provided to them and communicate their decision; and (k) immediately before providing the medical assistance in dying, give the person an opportunity to withdraw their request and ensure that the person gives express consent to receive medical assistance in dying. Final consent — waiver (3.2) For the purposes of subsection (3), the medical practitioner or nurse practitioner may administer a substance to a person to cause their death without meeting the requirement set out in paragraph (3)(h) if (a) before the person loses the capacity to consent to receiving medical assistance in dying, (i) they met all of the criteria set out in subsection
(1) and all other safeguards set out in subsection (3) were met, (ii) they entered into an arrangement in writing with the medical practitioner or nurse practitioner that the medical practitioner or nurse practitioner would administer a substance to cause their death on a specified day,
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(iii) they were informed by the medical practitioner or nurse practitioner of the risk of losing the capacity to consent to receiving medical assistance in dying prior to the day specified in the arrangement, and (iv) in the written arrangement, they consented to the administration by the medical practitioner or nurse practitioner of a substance to cause their death on or before the day specified in the arrangement if they lost their capacity to consent to receiving medical assistance in dying prior to that day; (b) the person has lost the capacity to consent to receiving medical assistance in dying; (c) the person does not demonstrate, by words, sounds or gestures, refusal to have the substance administered or resistance to its administration; and (d) the substance is administered to the person in accordance with the terms of the arrangement.
For greater certainty (3.3) For greater certainty, involuntary words, sounds or
gestures made in response to contact do not constitute a demonstration of refusal or resistance for the purposes of paragraph (3.2)(c). Advance consent invalidated (3.4) Once a person demonstrates, by words, sounds or
gestures, in accordance with subsection (3.2), refusal to have the substance administered or resistance to its administration, medical assistance in dying can no longer be provided to them on the basis of the consent given by them under subparagraph (3.2)(a)(iv). Advance consent — self-administration (3.5) In the case of a person who loses the capacity to consent to receiving medical assistance in dying after self-administering a substance, provided to them under this section, so as to cause their own death, a medical practitioner or nurse practitioner may administer a substance to cause the death of that person if (a) before the person loses the capacity to consent to receiving medical assistance in dying, they and the medical practitioner or nurse practitioner entered into an arrangement in writing providing that the medical practitioner or nurse practitioner would (i) be present at the time the person self-administered the first substance, and
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(ii) administer a second substance to cause the person’s death if, after self-administering the first substance, the person lost the capacity to consent to receiving medical assistance in dying and did not die within a specified period; (b) the person self-administers the first substance,
does not die within the period specified in the arrangement and loses the capacity to consent to receiving medical assistance in dying; and (c) the second substance is administered to the person in accordance with the terms of the arrangement. (8) Section 241.2 of the Act is amended by adding
the following after subsection (5):
Exception (5.1) Despite paragraphs (5)(c) and (d), a person who
provides health care services or personal care as their primary occupation and who is paid to provide that care to the person requesting medical assistance in dying is permitted to act as an independent witness, except for (a) the medical practitioner or nurse practitioner who will provide medical assistance in dying to the person; and (b) the medical practitioner or nurse practitioner who
provided an opinion under paragraph (3)(e) or (3.1)(e), as the case may be, in respect of the person. 2016, c. 3, s. 3
(9) The portion of subsection 241.2(6) of the Act before paragraph (a) is replaced by the following:
Independence — medical practitioners and nurse practitioners (6) The medical practitioner or nurse practitioner providing medical assistance in dying and the medical practitioner or nurse practitioner who provides the opinion referred to in paragraph (3)(e) or (3.1)(e) are independent if they (10) Paragraph 241.2(6)(b) of the English version
of the Act is amended by replacing “or” with “and” at the end of that paragraph. 2019, c. 25, s. 80
2 The portion of section 241.3 of the Act before
paragraph (a) is replaced by the following:
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Failure to comply with safeguards 241.3 A medical practitioner or nurse practitioner who, in providing medical assistance in dying, knowingly fails to comply, subject to subsection 241.2(3.2), with all of the requirements set out in paragraphs 241.2(3)(b) to (h) or paragraphs 241.2(3.1)(b) to (k), as the case may be, and with subsection 241.2(8) is guilty of 2016, c. 3, s. 4
3 (1) Subsections 241.31(1) and (2) of the Act are
replaced by the following: Filing information — practitioners 241.31 (1) Unless they are exempted under regulations made under subsection (3), a medical practitioner or nurse practitioner who carries out an assessment of whether a person meets the criteria set out in subsection 241.2(1) or who receives a written request for medical assistance in dying must, in accordance with those regulations, provide the information required by those regulations to the recipient designated in those regulations.
Filing information — responsible for preliminary assessments (1.1) Unless they are exempted under regulations made under subsection (3), any person who has the responsibility to carry out preliminary assessments of whether a person meets the criteria set out in subsection 241.2(1) must, in accordance with those regulations, provide the information required by those regulations to the recipient designated in those regulations.
Filing information — pharmacist and pharmacy technicians (2) Unless they are exempted under regulations made
under subsection (3), a pharmacist who dispenses a substance in connection with the provision of medical assistance in dying, or the person permitted to act as a pharmacy technician under the laws of a province who dispenses a substance to aid a medical practitioner or nurse practitioner in providing a person with medical assistance in dying, must, in accordance with those regulations, provide the information required by those regulations to the recipient designated in those regulations.
2016, c. 3, s. 4
(2) The portion of paragraph 241.31(3)(a) before
subparagraph (ii) of the Act is replaced by the following:
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(a) respecting the provision and collection, for the
purpose of monitoring medical assistance in dying, of information relating to requests for, and the provision of, medical assistance in dying, including (i) the information to be provided, at various stages, by medical practitioners, nurse practitioners, persons referred to in subsection (1.1) who have the responsibility to carry out preliminary assessments, pharmacists and pharmacy technicians, or by a class of any of them, including (A) the elements considered in the course of the
assessments — preliminary or otherwise — of whether a person meets the criteria set out in subsection 241.2(1), (B) information respecting the race or indigenous identity of a person who requests or receives medical assistance in dying, if the person consents to providing this information, and (C) information — other than information that must be provided in relation to the assessment of eligibility to receive medical assistance in dying and the application of safeguards — respecting any disability, as defined in section 2 of the Accessible Canada Act, of a person who requests or receives medical assistance in dying, if the person consents to providing that information,
(2.1) Paragraph 241.31(3)(b) of the Act is replaced by the following: (b) respecting the use, analysis and interpretation of
that information, including for the purposes of determining the presence of any inequality — including systemic inequality — or disadvantage based on race, Indigenous identity, disability or other characteristics, in medical assistance in dying; (b.1) respecting the protection, publication, and disclosure of that information; (3) Paragraph 241.31(3)(d) of the Act is replaced
by the following: (d) exempting, on any terms that may be specified, a class of persons from the requirements set out in subsections (1) to (2).
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2016, c. 3, s. 4
(4) The portion of subsection 241.31(4) of the Act before paragraph (a) is replaced by the following:
Offence and punishment (4) A medical practitioner or nurse practitioner who
knowingly fails to comply with subsection (1), a person having the responsibility to carry out preliminary assessments who knowingly fails to comply with subsection (1.1) or a pharmacist or pharmacy technician who knowingly fails to comply with subsection (2), (5) Section 241.31 of the Act is amended by adding
the following after subsection (5):
Consultation (6) In performing his or her functions or duties under subsection (3), the Minister of Health must, when appropriate, consult with the minister responsible for the status of persons with disabilities.
Independent Review Expert review 3.1 (1) The Minister of Justice and the Minister
of Health must cause an independent review to be carried out by experts respecting recommended protocols, guidance and safeguards to apply to requests made for medical assistance in dying by persons who have a mental illness. Report (2) A report containing the experts’ conclusions
and recommendations must be provided to the Ministers no later than the first anniversary of the day on which this Act receives royal assent. Tabling (3) The Ministers must cause the report to be
tabled in each House of Parliament within the first 15 days on which the House is sitting after the day on which they receive the report.
Transitional Provision Request made prior to assent 4 A medical practitioner or nurse practitioner
who provides medical assistance in dying to a person who, before the day on which this Act receives royal assent, had signed and dated a
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written request for medical assistance in dying must provide it in accordance with section 241.2 of the Criminal Code as it read immediately before that day, other than paragraph 241.2(3)(g), and with subsections 241.2(3.2) to (3.5) of that Act, as enacted by this Act.
Review Parliamentary review 5 (1) A comprehensive review of the provisions
of the Criminal Code relating to medical assistance in dying and their application, including but not limited to issues relating to mature minors, advance requests, mental illness, the state of palliative care in Canada and the protection of Canadians with disabilities must be undertaken by a Joint Committee of both Houses of Parliament. Committee composition (2) The Joint Committee shall be composed of
five Members of the Senate and ten Members of the House of Commons, including five Members from the governing party, three Members of the Official Opposition, and two Members of the opposition who are not Members of the Official Opposition, with two Chairs of which the House CoChair shall be from the governing party and the Senate Co-Chair shall be determined by the Senate. Quorum (3) The quorum of the Committee is to be eight Members whenever a vote, resolution or other decision is taken, so long as both Houses and one Member of the governing party in the House and one from the opposition in the House and one Member of the Senate are represented, and that the Joint Chairs be authorized to hold meetings, to receive evidence and authorize the printing thereof, whenever six Members are present, so long as both Houses and one Member of the governing party in the House and one Member from the opposition in the House and one Member of the Senate are represented.
Review commences (4) The Committee must commence its review
within 30 days after the day on which this Act receives royal assent.
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Report (5) The Committee must submit a report of its review — including a statement of any recommended changes — to Parliament no later than one year after the day on which it commenced the review. Committee expires (6) When the report, referenced in paragraph (5), has been tabled in both Houses, the Committee shall expire.
Coming into Force Coming into force 6 Subsection 1(2.1) comes into force on the second anniversary of the day on which this Act receives royal assent.
Published under authority of the Speaker of the House of Commons 2020-2021
Disponible sur le site Web de la Chambre des comm
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Second Session, Forty-third Parliament, 69-70 Elizabeth II, 2020-2021
STATUTES OF CANADA 2021
CHAPTER 17
An Act to amend the Canada Labour Code (bereavement leave)
ASSENTED TO JUNE 29, 2021 BILL C-220
SUMMARY This enactment amends the Canada Labour Code to extend, by five unpaid days, the period of bereavement leave to which an employee is entitled and to expand eligibility for the leave to include employees who, at the time a family member dies, are on compassionate care leave or leave related to critical illness in respect of the deceased person.
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69-70 ELIZABETH II
CHAPTER 17
An Act to amend the Canada Labour Code (bereavement leave) [Assented to 29th June, 2021] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: R.S., c. L-2
Canada Labour Code 1 Subsection 210(1) of the Canada Labour Code
is replaced by the following: Employee entitled 210 (1) Every employee is entitled to and shall be granted, in the event of the death of a member of their immediate family or a family member in respect of whom the employee is, at the time of the death, on leave under section 206.3 or 206.4, a leave of absence from employment of up to 10 days that may be taken during the period that begins on the day on which the death occurs and ends six weeks after the latest of the days on which any funeral, burial or memorial service of the deceased person occurs.
Coming into Force Three months after royal assent 2 This Act comes into force on the day that, in the third
month after the month in which it receives royal assent, has the same calendar number as the day on which it receives royal assent or, if that third month has no day with that number, the last day of that third month.
Published under authority of the Speaker of the House of Commons 2020-2021
Disponible sur le site Web de la Chambre des comm
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Second Session, Forty-third Parliament, 69-70 Elizabeth II, 2020-2021
STATUTES OF CANADA 2021
CHAPTER 16
An Act for granting to Her Majesty certain sums of money for the federal public administration for the fiscal year ending March 31, 2022
ASSENTED TO JUNE 21, 2021 BILL C-34
SUMMARY This enactment grants the sum of $23,974,552,687 towards defraying charges and expenses of the federal public administration for the fiscal year ending March 31, 2022 that are not otherwise provided for.
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69-70 ELIZABETH II
CHAPTER 16
An Act for granting to Her Majesty certain sums of money for the federal public administration for the fiscal year ending March 31, 2022 [Assented to 21st June, 2021] MOST GRACIOUS SOVEREIGN, Preamble Whereas it appears by message from His Excellency the Right Honourable Richard Wagner, P.C., Adminis‐ trator of the Government of Canada, and the Estimates accompanying that message, that the sums mentioned below are required to defray certain expenses of the federal public administration, not otherwise provided for, for the fiscal year ending March 31, 2022, and for other purposes connected with the federal public administration;
May it therefore please Your Majesty, that it may be enacted, and be it enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, that: Short title 1 This Act may be cited as the Appropriation Act No. 3, 2021–22.
$23,974,552,687 granted for 2021–22 2 There may be paid out of the Consolidated Revenue
Fund a sum not exceeding in the aggregate $23,974,552,687 towards defraying the various charges and expenses of the federal public administration for the fiscal year ending March 31, 2022, not otherwise provided for, which is the total of the amounts of the items set out in the Supplementary Estimates (A) for that fiscal year as set out in Schedules 1 and 2.
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Chapter 16: Appropriation Act No. 3, 2021–22 Sections 3-6
Transfers of appropriations 3 The transfers of appropriations set out in the Estimates referred to in section 2 are deemed to have been authorized on April 1, 2021. Purpose of each item 4 (1) The amount authorized by this Act to be paid in respect of an item may be paid only for the purposes, and subject to any terms and conditions, specified in the item. Effective date (2) The provisions of each item set out in Schedules 1
and 2 are deemed to have effect as of April 1, 2021. Adjustments in accounts of Canada — Schedule 1 5 An appropriation that is granted by this Act or any other Act and referred to in Schedule 1 may be charged after the end of the fiscal year for which the appropriation is granted at any time before the day on which the Public Accounts for that fiscal year are tabled in Parliament, for the purpose of making adjustments in the accounts of Canada for that fiscal year that do not require payments out of the Consolidated Revenue Fund.
Adjustments in accounts of Canada — Schedule 2 6 (1) An appropriation that is granted by this Act or any other Act and referred to in Schedule 2 may be charged after the end of the fiscal year following the fiscal year for which the appropriation is granted at any time before the day on which the Public Accounts for that second fiscal year are tabled in Parliament, for the purpose of making adjustments in the accounts of Canada for that second fiscal year that do not require payments out of the Consolidated Revenue Fund.
Order of payment (2) Despite any other provision of this Act, amounts appropriated by this Act and set out in Schedule 2 may be paid and applied at any time on or before March 31, 2023, so long as every payment is charged first against the relevant amount appropriated under any Act that is earliest in time until that amount is exhausted, next against the relevant amount appropriated under any other Act, including this Act, that is next in time until that amount is exhausted and so on. The balance of amounts so appropriated by this Act that have not been charged, subject to the adjustments referred to in section 37 of the Financial Administration Act, lapse at the end of the fiscal year following the fiscal year ending March 31, 2022.
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Chapter 16: Appropriation Act No. 3, 2021–22 SCHEDULE 1
SCHEDULE 1
Based on the Supplementary Estimates (A), 2021–22, the amoun the items set out in this Schedule.
Sums granted to Her Majesty by this Act for the fiscal year ending Vote No.
Items
ATLANTIC CANADA OPPORTUNITIES AGENCY Agence de promotion économique du Canada atlantiqu 1a
– Operating expenditures
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro r than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under se ment of Canada Act, to ministers of State who preside 5a
– The grants listed in any of the Estimates for the fiscal ye – Contributions CANADA COUNCIL FOR THE ARTS Conseil des Arts du Canada
1a
– Payments to the Council to be used for the furtherance section 8 of the Canada Council for the Arts Act CANADA MORTGAGE AND HOUSING CORPORATION Société canadienne d’hypothèques et de logement
1a
– Payments to reimburse the Corporation for the amount grants, contributions and expenditures made, and losse incurred, (a) under the National Housing Act; or
(b) in the course of the exercise of powers or the car functions conferred on the Corporation under any o in accordance with the Corporation’s authority unde and Housing Corporation Act
CANADIAN AIR TRANSPORT SECURITY AUTHORITY Administration canadienne de la sûreté du transport aé 1a
– Payments to the Authority for operating and capital exp
CANADIAN CENTRE FOR OCCUPATIONAL HEALTH AND S Centre canadien d’hygiène et de sécurité au travail 1a
– Program expenditures CANADIAN FOOD INSPECTION AGENCY Agence canadienne d’inspection des aliments
1a
– Operating expenditures
– The grants listed in any of the Estimates for the fiscal ye – Contributions 5a
– Capital expenditures CANADIAN INSTITUTES OF HEALTH RESEARCH Instituts de recherche en santé du Canada
5a
2020-2021
– The grants listed in any of the Estimates for the fiscal ye
Chapter 16: Appropriation Act No. 3, 2021–22 SCHEDULE 1
Vote No.
Items
CANADIAN NORTHERN ECONOMIC DEVELOPMENT AGEN Agence canadienne de développement économique du 5a
– The grants listed in any of the Estimates for the fiscal ye – Contributions
CANADIAN RADIO-TELEVISION AND TELECOMMUNICAT Conseil de la radiodiffusion et des télécommunications 1a
– Program expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp in that fiscal year — revenues that it receives in that fisc Telecommunications Fees Regulations, 2010, the Broad Regulations, 1997 and the Unsolicited Telecommunicat and other revenues that it receives in that fiscal year fro the conduct of its operations, up to amounts approved COMMUNICATIONS SECURITY ESTABLISHMENT Centre de la sécurité des télécommunications 1a
– Program expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp in that fiscal year — revenues that it receives in that fisc tions, including the provision of internal support servic of that Act DEPARTMENT FOR WOMEN AND GENDER EQUALITY Ministère des Femmes et de l’Égalité des genres 1a
– Operating expenditures
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro r than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under se ment of Canada Act, to ministers of State who preside 5a
– The grants listed in any of the Estimates for the fiscal ye – Contributions DEPARTMENT OF AGRICULTURE AND AGRI-FOOD Ministère de l’Agriculture et de l’Agroalimentaire
1a
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp in that fiscal year — revenues that it receives in that fisc (a) collaborative research agreements and research
(b) the grazing and breeding activities of the Commu
(c) the administration of the AgriStability program; a
(d) the provision of internal support services under s
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro r than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under se ment of Canada Act, to ministers of State who preside o 5a
2020-2021
– Capital expenditures
Chapter 16: Appropriation Act No. 3, 2021–22 SCHEDULE 1
Vote No. 10a
Items
– The grants listed in any of the Estimates for the fiscal ye – Contributions DEPARTMENT OF CANADIAN HERITAGE Ministère du Patrimoine canadien
1a
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp in that fiscal year — revenues that it receives in that fisc
(a) the activities of the Canadian Conservation Instit itage Information Network and the Canadian Audiofice;
(b) activities undertaken under the Capital Experienc
(c) the provision of internal support services under s
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro r than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under se ment of Canada Act, to ministers of State who preside 5a
– The grants listed in any of the Estimates for the fiscal ye – Contributions DEPARTMENT OF CITIZENSHIP AND IMMIGRATION Ministère de la Citoyenneté et de l’Immigration
1a
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp in that fiscal year from the provision of services related rience Canada — revenues that it receives in that fiscal sion of those services
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro r than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under se ment of Canada Act, to ministers of State who preside
DEPARTMENT OF CROWN-INDIGENOUS RELATIONS AND Ministère des Relations Couronne-Autochtones et des A 1a
– Operating expenditures – Expenditures on works, buildings and equipment
– Authority to make expenditures — recoverable or other formed on property that is not federal property and on respect of that property
– Authority to provide, in respect of Indian and Inuit econ tivities, for the capacity development for Indians and In of materials and equipment – Authority to sell electric power to private consumers in alternative local sources of supply are not available, in and conditions approved by the Governor in Council
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela it incurs in that fiscal year — revenues that it receives in the provision of internal support services under section
2020-2021
Chapter 16: Appropriation Act No. 3, 2021–22 SCHEDULE 1
Vote No.
Items
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro r than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under se ment of Canada Act, to ministers of State who preside 5a
– Capital expenditures – Expenditures on buildings, works, land and equipment and ownership of which
(a) may be transferred to provincial governments on approved by the Governor in Council; or
(b) may be transferred to Indian bands, groups of In dians at the discretion of the Minister of Crown-Indig – Expenditures on buildings, works, land and equipment federal property
– Authority to make recoverable expenditures on roads a amounts not exceeding the shares of provincial govern 10a
– The grants listed in any of the Estimates for the fiscal ye – Contributions
25a
– The forgiveness, as referred to in section 24.1 of the Fin Act, of a debt due to Her Majesty in right of Canada in t related to a perpetual loan to the Stoney Nakoda First N
DEPARTMENT OF EMPLOYMENT AND SOCIAL DEVELOPM Ministère de l’Emploi et du Développement social 1a
– Operating expenditures
– Authority to make recoverable expenditures in relation the Canada Pension Plan and the Employment Insuranc
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela it incurs in that fiscal year — revenues that it receives in
(a) the provision of services to assist provinces in th provincial programs funded under Labour Market D ments;
(b) the provision of internal support services under s
(c) any amount charged to a Crown corporation und the Government Employees Compensation Act in re costs for subrogated claims for Crown corporations;
(d) the portion of the Government Employees Comp mental or agency subrogated claim settlements rela
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro r than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under se ment of Canada Act, to ministers of State who preside 5a
– The grants listed in any of the Estimates for the fiscal ye – Contributions DEPARTMENT OF FINANCE Ministère des Finances
1a
– Program expenditures
– The grants listed in any of the Estimates for the fiscal ye – Contributions
2020-2021
Chapter 16: Appropriation Act No. 3, 2021–22 SCHEDULE 1
Vote No.
Items
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela it incurs in that fiscal year — revenues that it receives in the provision of internal support services under section
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro r than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under se ment of Canada Act, to ministers of State who preside L10a
– Pursuant to subsection 8(2) of the Bretton Woods and R Act, the amount of financial assistance provided by the the International Finance Corporation by way of the pu to exceed $175,938,000 in United States dollars in the fi
DEPARTMENT OF FOREIGN AFFAIRS, TRADE AND DEVEL Ministère des Affaires étrangères, du Commerce et du 1a
– Operating expenditures, including those related to the a Canada’s representatives abroad, to the staff of those r the assignment of Canadians to the staffs of internation
– Authority to make recoverable advances to internationa amounts not exceeding the amounts of the shares of th
– Expenditures in respect of the provision of office accom national Civil Aviation Organization
– Authority to make recoverable expenditures for assistan of distressed Canadian citizens and Canadian residents cluding their dependants
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela it incurs in that fiscal year — revenues that it receives in (a) trade and education fairs; (b) departmental publications; and (c) the following services:
(i) training services provided by the Canadian Fo
(ii) trade missions and other international busine vices, (iii) investment development services, (iv) international telecommunication services,
(v) other services provided abroad to other depa cies, Crown corporations and non-federal organi (vi) specialized consular services
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro r than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under se ment of Canada Act, to ministers of State who preside 5a
– Capital expenditures
10a
– The grants listed in any of the Estimates for the fiscal ye
– Contributions, including payments for other specified p provision of goods and services for (a) the promotion of trade and investment; and
(b) international humanitarian assistance and assist ternational security, international development and
2020-2021
Chapter 16: Appropriation Act No. 3, 2021–22 SCHEDULE 1
Vote No.
Items DEPARTMENT OF HEALTH Ministère de la Santé
1a
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp in that fiscal year — revenues that it receives in that fisc
(a) the provision of services or the sale of products r well-being and to regulatory activities; and
(b) the provision of internal support services under s
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro r than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under se ment of Canada Act, to ministers of State who preside 5a
– Capital expenditures
10a
– The grants listed in any of the Estimates for the fiscal ye
– Contributions, in the form of monetary payments or the services DEPARTMENT OF INDIGENOUS SERVICES Ministère des Services aux Autochtones 1a
– Operating expenditures – Expenditures on works, buildings and equipment
– Authority to make expenditures — recoverable or other formed on property that is not federal property and on respect of that property
– Authority to provide, in respect of Indian and Inuit econ tivities, for the capacity development for Indians and In of materials and equipment – Authority to sell electric power to private consumers in alternative local sources of supply are not available, in and conditions approved by the Governor in Council
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela it incurs in that fiscal year — revenues that it receives in
(a) the provision of services or the sale of products r tection and medical services; and
(b) the provision of internal support services under s
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro r than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under se ment of Canada Act, to ministers of State who preside o 5a
– Capital expenditures – Expenditures on buildings, works, land and equipment and ownership of which
(a) may be transferred to provincial governments on approved by the Governor in Council; or
(b) may be transferred to Indian bands, groups of In dians at the discretion of the Minister of Indigenous – Expenditures on buildings, works, land and equipment federal property
2020-2021
Chapter 16: Appropriation Act No. 3, 2021–22 SCHEDULE 1
Vote No.
Items
– Authority to make recoverable expenditures on roads a amounts not exceeding the shares of provincial govern 10a
– The grants listed in any of the Estimates for the fiscal ye
– Contributions, in the form of monetary payments or the services DEPARTMENT OF INDUSTRY Ministère de l’Industrie 1a
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp in that fiscal year — revenues that it receives in that fisc
(a) the provision of internal support services under s and the provision of internal support services to the Property Office;
(b) activities and operations related to communicati Communications Research Centre;
(c) services and insolvency processes under the Ban Act at the Office of the Superintendent of Bankruptc
(d) activities and operations carried out by Corporat Canada Business Corporations Act, the Boards of Tr Cooperatives Act and the Canada Not-for-profit Corp
(e) services and regulatory processes for mergers an ters, including pre-merger notifications, advance rul written opinions, under the Competition Act at the C
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro r than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under se ment of Canada Act, to ministers of State who preside o 10a
– The grants listed in any of the Estimates for the fiscal ye – Contributions DEPARTMENT OF NATURAL RESOURCES Ministère des Ressources naturelles
1a
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp in that fiscal year — revenues that it receives in that fisc (a) the sale of forestry and information products;
(b) the issue of licences, permits and certificates und and the Explosives Regulations, 2013;
(c) training and certification activities related to the A ferred to in paragraph (b);
(d) research, consultation, testing, analysis and adm and research products as part of the departmental o
(e) the provision of internal support services under s nancial Administration Act
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro r than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under se ment of Canada Act, to ministers of State who preside o
2020-2021
Chapter 16: Appropriation Act No. 3, 2021–22 SCHEDULE 1
Vote No.
Items
5a
– Capital expenditures
10a
– The grants listed in any of the Estimates for the fiscal ye – Contributions
DEPARTMENT OF PUBLIC SAFETY AND EMERGENCY PRE Ministère de la Sécurité publique et de la Protection civ 1a
– Operating expenditures – Capital expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela it incurs in that fiscal year — revenues that it receives in ing from the provision of internal support services und Act
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro r than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under se ment of Canada Act, to ministers of State who preside 5a
– The grants listed in any of the Estimates for the fiscal ye – Contributions
DEPARTMENT OF PUBLIC WORKS AND GOVERNMENT S Ministère des Travaux publics et des Services gouverne 1a
– Operating expenditures for the provision of accommod central services
– Authority to make recoverable expenditures in relation the Canada Pension Plan, the Employment Insurance A erty Management Act
– Authority to expend revenues that it receives during the from the provision of accommodation, common and ce
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp in that fiscal year — revenues that it receives in that fisc the provision of internal support services under section
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro r than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under se ment of Canada Act, to ministers of State who preside DEPARTMENT OF THE ENVIRONMENT Ministère de l’Environnement 1a
– Operating expenditures
– Authority for the Minister of the Environment to engage quired by different Boards at the remuneration that tho
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela it incurs in that fiscal year — revenues that it receives in the provision of internal support services under section from the provision of services, the sale of information p of entrance fees, the granting of leases or the issuance thorizations, including (a) research, analysis and scientific services;
2020-2021
Chapter 16: Appropriation Act No. 3, 2021–22 SCHEDULE 1
Vote No.
Items (b) hydrometric surveys; (c) regulatory services;
(d) monitoring services, including monitoring servic oil sands;
(e) fees for entry to federal real property or federal i (f) permits; and
(g) services in respect of federal real property or fed cluding the granting of surface leases to oil and gas suance of licences for grazing
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro r than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under se ment of Canada Act, to ministers of State who preside 5a
– Capital expenditures
– Authority to make payments to provinces and municipa towards construction done by those bodies
– Authority to make recoverable advances not exceeding shares of provincial and outside agencies of the cost of ing expenditures on other than federal property 10a
– The grants listed in any of the Estimates for the fiscal ye
– Contributions, including ones to developing countries b lateral Fund for the Implementation of the Montreal Pro of monetary payments or the provision of goods, equip DEPARTMENT OF TRANSPORT Ministère des Transports 1a
– Operating expenditures
– Authority to make expenditures on other than federal p of, or arising out of, the exercise of jurisdiction in aeron – Authority for the payment of commissions for revenue Aeronautics Act
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp in that fiscal year — revenues that it receives in that fisc the provision of internal support services under section
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro r than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under se ment of Canada Act, to ministers of State who preside o 5a
– Capital expenditures
10a
– The grants listed in any of the Estimates for the fiscal ye – Contributions
DEPARTMENT OF WESTERN ECONOMIC DIVERSIFICATIO Ministère de la Diversification de l’économie de l’Ouest 1a
– Operating expenditures
– The payment to each member of the Queen’s Privy Cou a Minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro r than a year — that does not exceed the salary paid und
2020-2021
Chapter 16: Appropriation Act No. 3, 2021–22 SCHEDULE 1
Vote No.
Items
rounded down to the nearest hundred dollars under se ment of Canada Act, to ministers of State who preside 5a
– The grants listed in any of the Estimates for the fiscal ye – Contributions
ECONOMIC DEVELOPMENT AGENCY OF CANADA FOR TH QUEBEC Agence de développement économique du Canada pou Québec 1a
– Operating expenditures
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro r than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under se ment of Canada Act, to ministers of State who preside 5a
– The grants listed in any of the Estimates for the fiscal ye – Contributions
FEDERAL ECONOMIC DEVELOPMENT AGENCY FOR SOUT Agence fédérale de développement économique pour l 1a
– Operating expenditure
5a
– The grants listed in any of the Estimates for the fiscal ye – Contributions LIBRARY AND ARCHIVES OF CANADA Bibliothèque et Archives du Canada
5a
– Capital expenditures NATIONAL ARTS CENTRE CORPORATION Société du Centre national des Arts
1a
– Payments to the Corporation for operating expenditures NATIONAL RESEARCH COUNCIL OF CANADA Conseil national de recherches du Canada
1a
– Operating expenditures
5a
– Capital expenditures
10a
– The grants listed in any of the Estimates for the fiscal ye
– Contributions, including the provision of goods and ser tional Thirty Meter Telescope Observatory OFFICE OF INFRASTRUCTURE OF CANADA Bureau de l’infrastructure du Canada 1a
– Operating expenditures
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro r than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under se ment of Canada Act, to ministers of State who preside 10a
2020-2021
– The grants listed in any of the Estimates for the fiscal ye
Chapter 16: Appropriation Act No. 3, 2021–22 SCHEDULE 1
Vote No.
Items – Contributions PARKS CANADA AGENCY Agence Parcs Canada
1a
– Program expenditures – Capital expenditures
– The grants listed in any of the Estimates for the fiscal ye – Contributions, including
(a) expenditures on other than federal property; and
(b) payments to provinces and municipalities as con cost of undertakings carried out by those bodies PRIVY COUNCIL OFFICE Bureau du Conseil privé 1a
– Program expenditures, including
(a) operating expenditures of Commissions of Inquir vided for;
(b) contributions in respect of costs incurred by pers Commissions of Inquiry; and (c) the operation of the Prime Minister’s residence
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela it incurs in that fiscal year — revenues that it receives in
(a) the provision of intelligence analysis training; an
(b) the provision of internal support services under s
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro r than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under se ment of Canada Act, to ministers of State who preside PUBLIC HEALTH AGENCY OF CANADA Agence de la santé publique du Canada 1a
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp in that fiscal year — revenues that it receives in that fisc of products, the provision of inspection services and th support services under section 29.2 of that Act 5a
– Capital expenditures
10a
– The grants listed in any of the Estimates for the fiscal ye amount listed for any grant may be increased or decrea proval of the Treasury Board – Contributions REGISTRAR OF THE SUPREME COURT OF CANADA Registraire de la Cour suprême du Canada
1a
2020-2021
– Program expenditures
Chapter 16: Appropriation Act No. 3, 2021–22 SCHEDULE 1
Vote No.
Items ROYAL CANADIAN MOUNTED POLICE Gendarmerie royale du Canada
10a
– The grants listed in any of the Estimates for the fiscal ye amount listed for any grant may be increased or decrea proval of the Treasury Board – Contributions SHARED SERVICES CANADA Services partagés Canada
1a
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp in that fiscal year from the provision of information tec the Shared Services Canada Act — revenues that it rece from the provision of those services 5a
– Capital expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset cap it incurs in that fiscal year — revenues that it receives in the provision of information technology services under Canada Act STATISTICS CANADA Statistique Canada 1a
– Program expenditures
– The grants listed in any of the Estimates for the fiscal ye
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela it incurs in that fiscal year — revenues that it receives in ing from the provision of internal support services unde Act TELEFILM CANADA Téléfilm Canada 1a
– Payments to the corporation to be used for the purpose film Canada Act TREASURY BOARD SECRETARIAT Secrétariat du Conseil du Trésor
1a
– Program expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp in that fiscal year — revenues that it receives in that fisc sion of internal support services under section 29.2 of t other activities
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro r than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under se ment of Canada Act, to ministers of State who preside o 10a
Government-wide Initiatives
– Authority granted to the Treasury Board to supplement tion for the fiscal year in support of the implementation ment initiatives in the federal public administration
2020-2021
Chapter 16: Appropriation Act No. 3, 2021–22 SCHEDULE 1
Vote No. 25a
Items Operating Budget Carry Forward
– Authority granted to the Treasury Board to supplement tion for the fiscal year by reason of the operating budge the previous fiscal year 35a
Capital Budget Carry Forward
– Authority granted to the Treasury Board to supplement tion for the fiscal year by reason of the capital budget c previous fiscal year VIA RAIL CANADA INC. VIA Rail Canada Inc. 1a
– Payments to the corporation in respect of the costs of it – Payments to the corporation for capital expenditures
– Payments to the corporation for the provision of rail pas Canada in accordance with contracts entered into pursu subparagraph (c)(i) of Transport Vote 52d, Appropriatio
2020-2021
Chapter 16: Appropriation Act No. 3, 2021–22 SCHEDULE 1 (French)
ANNEXE 1
D’après le Budget supplémentaire des dépenses (A) 2021-2022, la tants des postes figurant à la présente annexe.
Sommes accordées par la présente loi à Sa Majesté pour l’exercice dées. No du crédit
Postes
ADMINISTRATION CANADIENNE DE LA SÛRETÉ DU T Canadian Air Transport Security Authority 1a
– Paiements à l’Administration pour les dépenses de dépenses en capital
AGENCE CANADIENNE DE DÉVELOPPEMENT ÉCONO Canadian Northern Economic Development Agenc 5a
– Subventions inscrites à tout budget des dépenses p – Contributions
AGENCE CANADIENNE D’INSPECTION DES ALIMENT Canadian Food Inspection Agency – Dépenses de fonctionnement 1a
– Subventions inscrites à tout budget des dépenses p
5a
– Dépenses en capital
– Contributions
AGENCE DE DÉVELOPPEMENT ÉCONOMIQUE DU CA RÉGIONS DU QUÉBEC Economic Development Agency of Canada for the 1a
– Dépenses de fonctionnement
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5a
– Subventions inscrites à tout budget des dépenses po – Contributions AGENCE DE LA SANTÉ PUBLIQUE DU CANADA Public Health Agency of Canada
1a
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re de celui-ci qui proviennent de la vente de produits, vices d’inspection et de la prestation de services de vertu de l’article 29.2 de cette loi 5a
– Dépenses en capital
10a
– Subventions inscrites à tout budget des dépenses p tant prévu pour chaque subvention pouvant être m lʼapprobation du Conseil du Trésor – Contributions
2020-2021
Chapter 16: Appropriation Act No. 3, 2021–22 SCHEDULE 1 (French)
No du crédit
Postes
AGENCE DE PROMOTION ÉCONOMIQUE DU CANADA Atlantic Canada Opportunities Agency 1a
– Dépenses de fonctionnement
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5a
– Subventions inscrites à tout budget des dépenses p – Contributions
AGENCE FÉDÉRALE DE DÉVELOPPEMENT ÉCONOMIQ L’ONTARIO Federal Economic Development Agency for Southe 1a
– Dépenses de fonctionnement
5a
– Subventions inscrites à tout budget des dépenses p – Contributions AGENCE PARCS CANADA Parks Canada Agency
1a
– Dépenses du programme – Dépenses en capital
– Subventions inscrites à tout budget des dépenses p – Contributions, notamment :
a) les dépenses afférentes à des propriétés autr nement fédéral;
b) les paiements aux provinces et aux municipa tions à l’égard des engagements assumés par c BIBLIOTHÈQUE ET ARCHIVES DU CANADA Library and Archives of Canada 5a
– Dépenses en capital BUREAU DE L’INFRASTRUCTURE DU CANADA Office of Infrastructure of Canada
1a
– Dépenses de fonctionnement
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 10a
– Subventions inscrites à tout budget des dépenses p – Contributions BUREAU DU CONSEIL PRIVÉ Privy Council Office
1a
2020-2021
– Dépenses du programme, y compris :
Chapter 16: Appropriation Act No. 3, 2021–22 SCHEDULE 1 (French)
No du crédit
Postes
a) les dépenses de fonctionnement des commis prévues;
b) les contributions relatives aux frais engagés p paraissant devant des commissions dʼenquête;
c) le fonctionnement de la résidence du premier
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re de celui-ci qui proviennent de ce qui suit :
a) la formation en matière d’analyse du renseig
b) la prestation de services de soutien internes e de cette loi.
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada
CENTRE CANADIEN D’HYGIÈNE ET DE SÉCURITÉ AU Canadian Centre for Occupational Health and Safet 1a
– Dépenses du programme
CENTRE DE LA SÉCURITÉ DES TÉLÉCOMMUNICATIO Communications Security Establishment 1a
– Dépenses du programme
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer çues au cours de celui-ci qui proviennent de ses ac prestation de services de soutien internes en vertu loi
CONSEIL DE LA RADIODIFFUSION ET DES TÉLÉCOMM CANADIENNES Canadian Radio-television and Telecommunication 1a
– Dépenses du programme
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re de celui-ci au titre du Règlement de 2010 sur les dr tion, du Règlement de 1997 sur les droits de licence Règlement sur les droits relatifs aux télécommunic dans le cadre de ses autres activités, jusqu’à concu approuvés par le Conseil du Trésor CONSEIL DES ARTS DU CANADA Canada Council for the Arts 1a
– Paiements au Conseil devant servir aux fins général de la Loi sur le Conseil des Arts du Canada CONSEIL NATIONAL DE RECHERCHES DU CANADA National Research Council of Canada
1a
2020-2021
– Dépenses de fonctionnement
Chapter 16: Appropriation Act No. 3, 2021–22 SCHEDULE 1 (French)
No du crédit
Postes
5a
– Dépenses en capital
10a
– Subventions inscrites à tout budget des dépenses p
– Contributions, y compris la fourniture de biens et de vatoire international du Télescope de trente mètres GENDARMERIE ROYALE DU CANADA Royal Canadian Mounted Police 10a
– Subventions inscrites à tout budget des dépenses p tant prévu pour chaque subvention pouvant être m lʼapprobation du Conseil du Trésor – Contributions INSTITUTS DE RECHERCHE EN SANTÉ DU CANADA Canadian Institutes of Health Research
5a
– Subventions inscrites à tout budget des dépenses p
MINISTÈRE DE L’AGRICULTURE ET DE L’AGROALIME Department of Agriculture and Agri-Food 1a
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re de celui-ci qui proviennent de ce qui suit :
a) les ententes de recherche concertée et les ser
b) les activités de pâturage et de reproduction d rages communautaires;
c) l’administration du programme « Agri-stabilit
d) la prestation de services de soutien internes e de cette loi.
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5a
– Dépenses en capital
10a
– Subventions inscrites à tout budget des dépenses p – Contributions
MINISTÈRE DE LA CITOYENNETÉ ET DE L’IMMIGRAT Department of Citizenship and Immigration 1a
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice pour l dans le cadre du programme « Expérience internat cettes perçues au cours de cet exercice qui provien ces services
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre
2020-2021
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No du crédit
Postes
traitements, aux ministres d’État qui sont à la tête d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada
MINISTÈRE DE LA DIVERSIFICATION DE L’ÉCONOMIE CANADIEN Department of Western Economic Diversification 1a
– Dépenses de fonctionnement
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5a
– Subventions inscrites à tout budget des dépenses p – Contributions MINISTÈRE DE LA SANTÉ Department of Health
1a
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re de celui-ci qui proviennent de ce qui suit :
a) la prestation de services — ou la vente de pro la santé, au bien-être et aux activités de régleme
b) la prestation de services de soutien internes e de cette loi.
– Versement, à chacun des membres du Conseil privé Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5a
– Dépenses en capital
10a
– Subventions inscrites à tout budget des dépenses p – Contributions, sous forme de paiements en argent biens ou de services
MINISTÈRE DE LA SÉCURITÉ PUBLIQUE ET DE LA PR Department of Public Safety and Emergency Prepa 1a
– Dépenses de fonctionnement – Dépenses en capital
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer çues au cours de celui-ci qui proviennent notamme services de soutien internes en vertu de l’article 29
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u
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No du crédit
Postes
d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5a
– Subventions inscrites à tout budget des dépenses p – Contributions
MINISTÈRE DE L’EMPLOI ET DU DÉVELOPPEMENT SO Department of Employment and Social Developme 1a
– Dépenses de fonctionnement
– Autorisation d’effectuer des dépenses recouvrables Régime de pensions du Canada et de la Loi sur l’as
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer çues au cours de celui-ci qui proviennent de ce qui
a) les services visant à aider les provinces à adm grammes provinciaux financés aux termes des pement du marché du travail;
b) les services de soutien internes fournis en ve cette loi;
c) tout montant facturé à une société d’État en v la Loi sur l’indemnisation des agents de l’État en litige pour les recours par subrogation pour les
d) la portion des coûts de litige découlant des rè mandes de réclamation auprès de tiers pour les nismes faits en vertu de la Loi sur l’indemnisatio
– Versement, à chacun des membres du Conseil privé Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5a
– Subventions inscrites à tout budget des dépenses p – Contributions MINISTÈRE DE L’ENVIRONNEMENT Department of the Environment
1a
– Dépenses de fonctionnement
– Autorisation au ministre de l’Environnement d’enga conseils dont les commissions peuvent avoir besoi ci des traitements déterminés par celles-ci
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer çues au cours de celui-ci qui proviennent de la pres soutien internes en vertu de lʼarticle 29.2 de cette lo services, de la vente de produits d’information, de d’accès ou de l’octroi de baux, de licences ou d’aut tamment :
a) les services de recherche, les services d’analy tifiques; b) les relevés hydrologiques;
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Postes c) les services de réglementation;
d) les services de surveillance, notamment les a des sables bitumineux;
e) les droits d’accès à des biens immeubles fédé réels fédéraux; f) les permis;
g) les services relatifs à des biens immeubles fé réels fédéraux, notamment l’octroi de baux de s gnies pétrolières et gazières et l’octroi de licenc rage.
– Versement, à chacun des membres du Conseil privé Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5a
– Dépenses en capital
– Autorisation de faire des paiements aux provinces titre de contributions aux travaux de construction e nistrations
– Autorisation de faire des avances recouvrables ne d des frais de projets conjoints assumée par des orga des organismes de l’extérieur, y compris les dépen propriétés n’appartenant pas au gouvernement féd 10a
– Subventions inscrites à tout budget des dépenses p
– Contributions, y compris celles aux pays en dévelop multilatéral pour l’application du Protocole de Mon paiements en argent ou de fourniture de biens, d’é vices MINISTÈRE DE L’INDUSTRIE Department of Industry 1a
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re de celui-ci qui proviennent de ce qui suit :
a) la prestation de services de soutien internes e de cette loi et de services de soutien internes à intellectuelle du Canada;
b) les activités liées aux recherches sur les com de recherches sur les communications;
c) les services et la procédure d’insolvabilité, au lite et l’insolvabilité, au Bureau du surintendant
d) les activités de Corporations Canada au titre les sociétés par actions, de la Loi sur les chamb Loi canadienne sur les coopératives et de la Loi ganisations à but non lucratif;
e) les services et la procédure réglementaire au rence pour les fusions et toute chose s’y rappor préalables à une fusion, les certificats de décisio consultatifs au titre de la Loi sur la concurrence
– Versement, à chacun des membres du Conseil privé Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u
2020-2021
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No du crédit
Postes
d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 10a
– Subventions inscrites à tout budget des dépenses p – Contributions
MINISTÈRE DES AFFAIRES ÉTRANGÈRES, DU COMM DÉVELOPPEMENT Department of Foreign Affairs, Trade and Developm 1a
– Dépenses de fonctionnement, y compris celles liées présentants du Canada à l’étranger, à leur personn fectés par le gouvernement canadien au personnel tionaux
– Autorisation de faire des avances recouvrables à de tionaux jusqu’à concurrence de la valeur des action ces organismes
– Dépenses relatives aux locaux de l’Organisation de tionale
– Autorisation d’effectuer des dépenses recouvrables et résidents canadiens qui se trouvent en difficulté leurs personnes à charge, et pour rapatrier ces per
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer çues au cours de celui-ci qui proviennent de ce qui a) les foires commerciales et éducatives; b) les publications ministérielles; c) la prestation des services suivants :
(i) la formation offerte par l’Institut canadien
(ii) les missions commerciales et autres serv du commerce international,
(iii) les services de développement des inves
(iv) les services de télécommunication intern
(v) les autres services fournis à l’étranger à d ganismes, sociétés d’État et autres organisat (vi) les services consulaires spécialisés.
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5a
– Dépenses en capital
10a
– Subventions inscrites à tout budget des dépenses p
– Contributions, y compris les paiements à d’autres fi ture de biens et de services pour :
a) la promotion du commerce et de l’investissem
b) l’aide humanitaire internationale et l’aide fou curité internationale, le développement internat diale.
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No du crédit
Postes
MINISTÈRE DES FEMMES ET DE L’ÉGALITÉ DES GEN Department for Women and Gender Equality 1a
– Dépenses de fonctionnement
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5a
– Subventions inscrites à tout budget des dépenses p – Contributions MINISTÈRE DES FINANCES Department of Finance
1a
– Dépenses du programme
– Subventions inscrites à tout budget des dépenses p – Contributions
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer çues au cours de celui-ci qui proviennent de la pres soutien internes en vertu de l’article 29.2 de cette lo
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada L10a
–
Aide financière fournie par le ministre des Finance internationale, conformément au paragraphe 8(2) d de Bretton Woods et des accords connexes, sous fo dʼactions nʼexcédant pas, au total, 175 938 000 $ US 2021-2022
MINISTÈRE DES RELATIONS COURONNE-AUTOCHTO DU NORD Department of Crown-Indigenous Relations and No 1a
– Dépenses de fonctionnement
– Dépenses relatives aux ouvrages, bâtiments et mat
– Autorisation d’effectuer des dépenses — recouvrab aux travaux effectués sur des propriétés n’apparten ment fédéral et aux services fournis à l’égard de ce
– Autorisation d’affecter des fonds dans le cadre d’ac grès économique des Indiens et des Inuits, relative la capacité des Indiens et des Inuits et à l’approvisi et en matériel
– Autorisation de vendre de l’électricité, conforméme prouvées par le gouverneur en conseil, aux consom particuliers vivant dans des centres éloignés lorsqu accès aux sources alternatives locales d’approvisio
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer
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No du crédit
Postes
perçues au cours de celui-ci qui proviennent de la p de soutien internes en vertu de l’article 29.2 de cett
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5a
– Dépenses en capital –
Dépenses relatives aux bâtiments, ouvrages, terrai gestion, le contrôle et la propriété peuvent être tran
a) soit aux gouvernements provinciaux, selon le vées par le gouverneur en conseil;
b) soit à des bandes indiennes ou à des Indiens culier, à la discrétion du ministre des Relations –
Dépenses relatives aux bâtiments, ouvrages, terrai à l’égard de propriétés n’appartenant pas au gouve
–
Autorisation d’effectuer des dépenses recouvrable dépassant pas la part des frais assumés par les gou ciaux pour des routes et ouvrages connexes
10a
– Subventions inscrites à tout budget des dépenses p
25a
– Renonciation, au titre de l’article 24.1 de la Loi sur la publiques, à une créance relative à un prêt perpétu mière Nation Stoney Nakoda, due à Sa Majesté du vant à 515 306 $
– Contributions
MINISTÈRE DES RESSOURCES NATURELLES Department of Natural Resources 1a
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re de celui-ci qui proviennent de ce qui suit :
a) la vente de produits d’information et de prod
b) la délivrance de licences, de permis et de cer sur les explosifs et du Règlement de 2013 sur le
c) la formation et les attestations de formation l ment visés à l’alinéa b);
d) la perception, dans le cadre des activités du m des services de recherche, de consultation, d’év d’administration et pour l’accès à des travaux d
e) la prestation de services de soutien internes e de la Loi sur la gestion des finances publiques.
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5a
– Dépenses en capital
10a
– Subventions inscrites à tout budget des dépenses p
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Postes – Contributions MINISTÈRE DES SERVICES AUX AUTOCHTONES Department of Indigenous Services
1a
– Dépenses de fonctionnement
– Dépenses relatives aux ouvrages, bâtiments et mat
– Autorisation d’effectuer des dépenses — recouvrab aux travaux effectués sur des propriétés n’apparten ment fédéral et aux services fournis à l’égard de ce
– Autorisation d’affecter des fonds dans le cadre d’ac grès économique des Indiens et des Inuits, relative la capacité des Indiens et des Inuits et à l’approvisi et en matériel
– Autorisation de vendre de l’électricité, conforméme prouvées par le gouverneur en conseil, aux consom particuliers vivant dans des centres éloignés lorsqu accès aux sources alternatives locales d’approvisio
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer çues au cours de celui-ci qui proviennent de ce qui
a) la prestation de services ou la vente de produ protection de la santé et aux services médicaux
b) la prestation de services de soutien internes e de cette loi.
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5a
– Dépenses en capital
– Dépenses relatives aux bâtiments, ouvrages, terrain gestion, le contrôle et la propriété peuvent être tran
a) soit aux gouvernements provinciaux, selon le vées par le gouverneur en conseil;
b) soit à des bandes indiennes ou à des Indiens culier, à la discrétion du ministre des Services a
– Dépenses relatives aux bâtiments, ouvrages, terrain à l’égard de propriétés n’appartenant pas au gouve
– Autorisation d’effectuer des dépenses recouvrables dépassant pas la part des frais assumés par les gou ciaux pour des routes et ouvrages connexes 10a
– Subventions inscrites à tout budget des dépenses p
– Contributions, sous forme de paiements en argent o biens ou de services MINISTÈRE DES TRANSPORTS Department of Transport 1a
– Dépenses de fonctionnement
– Autorisation d’engager des dépenses pour des bien dans le cadre de l’exercice d’une compétence en m
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No du crédit
Postes
– Autorisation de payer des commissions pour le rec en vertu de la Loi sur l’aéronautique
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re de celui-ci qui proviennent notamment de la presta tien internes en vertu de l’article 29.2 de cette loi
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5a
– Dépenses en capital
10a
– Subventions inscrites à tout budget des dépenses p – Contributions
MINISTÈRE DES TRAVAUX PUBLICS ET DES SERVICE GOUVERNEMENTAUX Department of Public Works and Government Serv 1a
– Dépenses de fonctionnement pour la prestation de locaux et de services communs et centraux
– Autorisation d’effectuer des dépenses recouvrables Régime de pensions du Canada, de la Loi sur l’assu Loi sur l’administration des biens saisis
– Autorisation de dépenser les recettes perçues au co proviennent de la prestation de services de gestion vices communs et centraux
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re de celui-ci qui proviennent notamment de la presta tien internes en vertu de l’article 29.2 de cette loi
– Versement, à chacun des membres du Conseil privé Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada MINISTÈRE DU PATRIMOINE CANADIEN Department of Canadian Heritage 1a
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re de celui-ci qui proviennent de ce qui suit :
a) les activités de l’Institut canadien de conserva dien d’information sur le patrimoine et du Burea produits audiovisuels canadiens;
b) les activités afférentes au programme « Expé
c) la prestation de services de soutien internes e de cette loi.
2020-2021
Chapter 16: Appropriation Act No. 3, 2021–22 SCHEDULE 1 (French)
No du crédit
Postes
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5a
– Subventions inscrites à tout budget des dépenses p – Contributions REGISTRAIRE DE LA COUR SUPRÊME DU CANADA Registrar of the Supreme Court of Canada
1a
– Dépenses du programme SECRÉTARIAT DU CONSEIL DU TRÉSOR Treasury Board Secretariat
1a
– Dépenses du programme
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re de celui-ci qui proviennent de la prestation de serv en vertu de l’article 29.2 de cette loi et de ses autre
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 10a
Initiatives pangouvernementales
– Autorisation donnée au Conseil du Trésor d’augmen pour l’exercice, pour appuyer la mise en œuvre d’in dans l’administration publique fédérale en matière 25a
Report du budget de fonctionnement
– Autorisation donnée au Conseil du Trésor d’augme pour l’exercice en raison du report de tout budget d l’exercice précédent 35a
Report du budget des dépenses en capital
– Autorisation donnée au Conseil du Trésor d’augme pour l’exercice en raison du report de tout budget d de l’exercice précédent SERVICES PARTAGÉS CANADA Shared Services Canada 1a
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice pour l de technologie de l’information au titre de la Loi su Canada, les recettes perçues au cours de celui-ci qu prestation de ces services 5a
– Dépenses en capital
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice
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No du crédit
Postes
dépenses en capital engagées au cours de cet exer çues au cours de celui-ci qui proviennent de la pres technologie de l’information au titre de la Loi sur S Canada
SOCIÉTÉ CANADIENNE D’HYPOTHÈQUES ET DE LOG Canada Mortgage and Housing Corporation 1a
– Paiements à la Société visant à la rembourser pour par elle sur les prêts consentis, les subventions et c les dépenses contractées, les pertes subies et les fr selon le cas : a) au titre de la Loi nationale sur l’habitation;
b) dans le cadre des attributions qui lui sont con loi fédérale et qu’elle exerce en conformité avec nadienne d’hypothèques et de logement. SOCIÉTÉ DU CENTRE NATIONAL DES ARTS National Arts Centre Corporation 1a
– Paiements à la Société pour les dépenses de fonctio STATISTIQUE CANADA Statistics Canada
1a
– Dépenses du programme
– Subventions inscrites à tout budget des dépenses p
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer çues au cours de celui-ci qui proviennent notamme services de soutien internes en vertu de l’article 29 TÉLÉFILM CANADA Telefilm Canada 1a
– Paiements à la société devant servir aux fins prévue Canada VIA RAIL CANADA INC. VIA Rail Canada Inc.
1a
– Paiements à la société pour les dépenses liées à sa
– Paiements à la société pour les dépenses en capital
– Paiements à la société en vue de la prestation d’un Canada, conformément aux contrats conclus en ve du crédit 52d (Transports) de la Loi no 1 de 1977 po dits
2020-2021
Chapter 16: Appropriation Act No. 3, 2021–22 SCHEDULE 2
SCHEDULE 2
Based on the Supplementary Estimates (A), 2021–22, the amount items set out in this Schedule.
Sums granted to Her Majesty by this Act for the fiscal year endin following fiscal year ending March 31, 2023 and the purposes for w Vote No.
Items CANADA BORDER SERVICES AGENCY Agence des services frontaliers du Canada
1a
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal
(a) fees, related to border operations, for the provisi of a facility or for a product, right or privilege; and (b) payments received under contracts entered into 5a
– Capital expenditures CANADA REVENUE AGENCY Agence du revenu du Canada
1a
– Operating expenditures
– The grants listed in any of the Estimates for the fiscal y – Contributions
– Authority to make recoverable expenditures in relation Canada Pension Plan and the Employment Insurance A 5a
– Capital expenditures
– Authority to make recoverable expenditures in relation Canada Pension Plan and the Employment Insurance A
2020-2021
Chapter 16: Appropriation Act No. 3, 2021–22 SCHEDULE 2 (French)
ANNEXE 2
D’après le Budget supplémentaire des dépenses (A) 2021-2022, la des postes figurant à la présente annexe.
Sommes accordées par la présente loi à Sa Majesté pour l’exercice en cours et à l’exercice suivant se terminant le 31 mars 2023, et fin No du crédit
Postes AGENCE DES SERVICES FRONTALIERS DU CANADA Canada Border Services Agency
1a
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Loi sur publiques, d’affecter, au cours de l’exercice, à la compe engagées au cours de cet exercice, les recettes perçues proviennent de ce qui suit :
a) les droits — liés aux activités à la frontière — perç d’un service, l’utilisation d’une installation, l’achat d cice d’un droit ou d’un privilège;
b) les paiements reçus au titre de contrats conclus p 5a
– Dépenses en capital AGENCE DU REVENU DU CANADA Canada Revenue Agency
1a
– Dépenses de fonctionnement – Subventions inscrites à tout budget des dépenses pour – Contributions
– Autorisation d’effectuer des dépenses recouvrables liée gime de pensions du Canada et de la Loi sur l’assuranc – Dépenses en capital 5a
– Autorisation d’effectuer des dépenses recouvrables liée gime de pensions du Canada et de la Loi sur l’assuranc
Published under authority of the Speaker of the House of Commons 2020-2021
Disponible sur le site Web de la Chambre des comm
|
Second Session, Forty-third Parliament, 69-70 Elizabeth II, 2020-2021
STATUTES OF CANADA 2021
CHAPTER 3
An Act to amend the Employment Insurance Act (additional regular benefits), the Canada Recovery Benefits Act (restriction on eligibility) and another Act in response to COVID-19
ASSENTED TO MARCH 17, 2021 BILL C-24
RECOMMENDATION Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act to amend the Employment Insurance Act (additional regular benefits), the Canada Recovery Benefits Act (restriction on eligibility) and another Act in response to COVID-19”.
SUMMARY This enactment amends the Employment Insurance Act in order, temporarily, to increase the maximum number of weeks for which regular benefits may be paid under Part I of that Act and facilitate access to benefits for self-employed persons under Part VII.1 of that Act. It also amends the Canada Recovery Benefits Act to (a) add a condition to provide that a person is eligible for benefits only if they were not, at any time during a benefit period, required to quarantine or isolate themselves under any order made under the Quarantine Act as a result of entering into Canada or (i) if they were required to do so, the only reason for their having been outside Canada was to receive a necessary medical treatment or to accompany someone who was required to receive a necessary medical treatment, or (ii) if, as a result of entering into Canada, they were required to isolate themselves under such an order at any time during the benefit period, they are a person to whom the requirement to quarantine themselves under the order would not have applied had they not been required to isolate themselves; and (b) authorize the Minister of Health to assist the Minister of Employment and Social Development in verifying whether a person meets the eligibility condition referred to in paragraph 3(1)(m), 10(1)(i) or 17(1)(i) of the Canada Recovery Benefits Act and to disclose personal information obtained under the Quarantine Act to the Minister of Employment and Social Development for that purpose.
And finally, it amends the Customs Act to authorize the disclosure of information for the purpose of administering or enforcing the Canada Recovery Benefits Act.
i
69-70 ELIZABETH II
CHAPTER 3
An Act to amend the Employment Insurance Act (additional regular benefits), the Canada Recovery Benefits Act (restriction on eligibility) and another Act in response to COVID-19
[Assented to 17th March, 2021] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1996, c. 23
Employment Insurance Act 1 (1) Section 12 of the Employment Insurance
Act is amended by adding the following after subsection (2): General maximum — exception (2.1) Despite subsection (2), the maximum number of
weeks for which benefits may be paid in a benefit period because of a reason other than those mentioned in subsection (3) to a claimant whose benefit period begins during the period beginning on September 27, 2020 and ending on September 25, 2021 is 50.
Non-application (2.2) Subsection (2.1) does not apply to a claimant under the Employment Insurance (Fishing) Regulations.
Exception (2.3) Despite subsection (2) and subsection 77.992(5) of the Employment Insurance Regulations, the maximum number of weeks for which benefits may be paid in a benefit period because of a reason other than those mentioned in subsection (3) to a claimant who is included in Pilot Project No. 21 established under those Regulations and whose benefit period begins during the period beginning on September 27, 2020 and ending on September 25, 2021 is 50.
2020-2021
Chapter 3: An Act to amend the Employment Insurance Act (additional regular benefits), the Canada Recovery Benefits Act (restriction ... Employment Insurance Act Sections 1-3
2016, c. 7, s. 212(4)
(2) Subsection 12(6) of the Act is replaced by the following:
Combined weeks of benefits (6) In a claimant’s benefit period, the claimant may, subject to the applicable maximums, combine weeks of benefits to which the claimant is entitled under subsection (2), (2.1) or (2.3) and because of a reason mentioned in subsection (3), but the total number of weeks of benefits shall not exceed 50.
2009, c. 33, s. 16
2 Subparagraph 152.07(1)(d)(i) of the Act is replaced by the following: (i) if the person has not accumulated a violation in
the 260 weeks before making their initial claim for benefits, (A) in the case where the person’s benefit period begins during the period beginning on January 3, 2021 and ending on September 25, 2021, and despite any amount fixed or determined in accordance with the regulations for that qualifying period, $5,000, or (B) in any other case, $6,000 or the amount fixed
or determined in accordance with the regulations, if any, for that qualifying period, or
3 Section 152.11 of the Act is amended by adding the following after subsection (5):
Late claims — clause 152.07(1)(d)(i)(A) (5.1) For the purposes of subsections (4) and (5), the fact
that, but for clause 152.07(1)(d)(i)(A), the claimant would not have qualified to receive benefits is good cause for a delay in making a claim for those benefits.
2020-2021
Chapter 3: An Act to amend the Employment Insurance Act (additional regular benefits), the Canada Recovery Benefits Act (restriction ... Canada Recovery Benefits Act Sections 4-5
2020, c. 12, s. 2
Canada Recovery Benefits Act
4 Subsection 3(1) of the Canada Recovery Benefits Act is amended by striking out “and” at the end of paragraph (k), by adding “and” at the end of paragraph (l) and by adding the following after paragraph (l): (m) they were not, at any time during the two-week
period, required to quarantine or isolate themselves under any order made under the Quarantine Act as a result of entering into Canada or (i) if they were required to do so at any time during
the two-week period, the only reason for their having been outside Canada was to (A) receive a medical treatment that has been
certified by a medical practitioner to be necessary, or (B) accompany a person who has been certified by a medical practitioner to be incapable of travelling without the assistance of an attendant and whose only reason for having been outside Canada was to receive a medical treatment that has been certified by a medical practitioner to be necessary, or (ii) if, as a result of entering into Canada, they were required to isolate themselves under such an order at any time during the two-week period, they are a person to whom the requirement to quarantine themselves under the order would not have applied had they not been required to isolate themselves.
5 (1) Subsection 5(1) of the Act is replaced by the
following: Attestation 5 (1) Subject to subsections (2) to (5), a person must, in their application, attest that they meet each of the eligibility conditions referred to in paragraphs 3(1)(a) to (m). (2) Section 5 of the Act is amended by adding the following after subsection (4):
2020-2021
Chapter 3: An Act to amend the Employment Insurance Act (additional regular benefits), the Canada Recovery Benefits Act (restriction ... Canada Recovery Benefits Act Sections 5-7
Exception — paragraph 3(1)(m) (5) A person is not required to attest that they meet the
eligibility condition referred to in paragraph 3(1)(m) if their application is made before January 11, 2021. 6 Subsection 10(1) of the Act is amended by striking out “and” at the end of paragraph (g), by adding “and” at the end of paragraph (h) and by adding the following after paragraph (h): (i) they were not, at any time during the week, required to quarantine or isolate themselves under any order made under the Quarantine Act as a result of entering into Canada or (i) if they were required to do so at any time during
the week, the only reason for their having been outside Canada was to (A) receive a medical treatment that has been
certified by a medical practitioner to be necessary, or (B) accompany a person who has been certified
by a medical practitioner to be incapable of travelling without the assistance of an attendant and whose only reason for having been outside Canada was to receive a medical treatment that has been certified by a medical practitioner to be necessary, or (ii) if, as a result of entering into Canada, they were
required to isolate themselves under such an order at any time during the week, they are a person to whom the requirement to quarantine themselves under the order would not have applied had they not been required to isolate themselves. 7 (1) Subsection 12(1) of the Act is replaced by the following:
Attestation 12 (1) Subject to subsections (2) and (3), a person must, in their application, attest that they meet each of the eligibility conditions referred to in paragraphs 10(1)(a) to (i). (2) Section 12 of the Act is amended by adding the
following after subsection (2): Exception — paragraph 10(1)(i) (3) A person is not required to attest that they meet the eligibility condition referred to in paragraph 10(1)(i) if their application is made before January 11, 2021.
2020-2021
Chapter 3: An Act to amend the Employment Insurance Act (additional regular benefits), the Canada Recovery Benefits Act (restriction ... Canada Recovery Benefits Act Sections 8-10
8 Subsection 17(1) of the Act is amended by striking out “and” at the end of paragraph (g), by adding “and” at the end of paragraph (h) and by adding the following after paragraph (h): (i) they were not, at any time during the week, required to quarantine or isolate themselves under any order made under the Quarantine Act as a result of entering into Canada or (i) if they were required to do so at any time during
the week, the only reason for their having been outside Canada was to (A) receive a medical treatment that has been
certified by a medical practitioner to be necessary, or (B) accompany a person who has been certified
by a medical practitioner to be incapable of travelling without the assistance of an attendant and whose only reason for having been outside Canada was to receive a medical treatment that has been certified by a medical practitioner to be necessary, or (ii) if, as a result of entering into Canada, they were
required to isolate themselves under such an order at any time during the week, they are a person to whom the requirement to quarantine themselves under the order would not have applied had they not been required to isolate themselves. 9 (1) Subsection 19(1) of the Act is replaced by the following:
Attestation 19 (1) Subject to subsections (2) and (3), a person must,
in their application, attest that they meet each of the eligibility conditions referred to in paragraphs 17(1)(a) to (i). (2) Section 19 of the Act is amended by adding the
following after subsection (2): Exception — paragraph 17(1)(i) (3) A person is not required to attest that they meet the
eligibility condition referred to in paragraph 17(1)(i) if their application is made before January 11, 2021. 10 The Act is amended by adding the following after section 26:
Minister of Health 26.1 The Minister of Health may assist the Minister in
verifying whether a person meets the eligibility condition
2020-2021
Chapter 3: An Act to amend the Employment Insurance Act (additional regular benefits), the Canada Recovery Benefits Act (restriction ... Canada Recovery Benefits Act Sections 10-12
referred to in paragraph 3(1)(m), 10(1)(i) or 17(1)(i) and may, for that purpose, disclose to the Minister personal information obtained under the Quarantine Act in respect of any person who is required to quarantine or isolate themselves under any order made under that Act as a result of entering into Canada, including (a) their name and date of birth; (b) the date they entered into Canada; and (c) the date of the last day on which they are or were required to quarantine or isolate themselves under the order.
R.S., c. 1 (2nd Supp.)
Customs Act 2018, c. 30, s. 6
11 Paragraph 107(5)(i) of the Customs Act is replaced by the following: (i) an official of the Department of Employment and Social Development solely for the purpose of administering or enforcing the Employment Insurance Act, the Old Age Security Act or the Canada Recovery Benefits Act, if the information relates to the movement of people into and out of Canada;
Coming into Force October 2, 2020 12 Sections 4 to 9 are deemed to have come into
force on October 2, 2020.
Published under authority of the Speaker of the House of Commons 2020-2021
Disponible sur le site Web de la Chambre des comm
|
First Session, Forty-third Parliament, 68-69 Elizabeth II, 2019-2020
STATUTES OF CANADA 2020
CHAPTER 10
An Act for granting to Her Majesty certain sums of money for the federal public administration for the fiscal year ending March 31, 2021
ASSENTED TO JUNE 26, 2020 BILL C-19
SUMMARY This enactment grants the sum of $6,038,435,084 towards defraying charges and expenses of the federal public administration for the fiscal year ending March 31, 2021 that are not otherwise provided for.
i
68-69 ELIZABETH II
CHAPTER 10
An Act for granting to Her Majesty certain sums of money for the federal public administration for the fiscal year ending March 31, 2021 [Assented to 26th June, 2020] MOST GRACIOUS SOVEREIGN, Preamble Whereas it appears by message from Her Excellency the Right Honourable Julie Payette, Governor General and Commander-in-Chief of Canada, and the Estimates accompanying that message, that the sums mentioned below are required to defray certain expenses of the federal public administration, not otherwise provided for, for the fiscal year ending March 31, 2021, and for other purposes connected with the federal public administration;
May it therefore please Your Majesty, that it may be enacted, and be it enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, that: Short title 1 This Act may be cited as the Appropriation Act No. 3,
2020–21. $6,038,435,084 granted for 2020–21 2 There may be paid out of the Consolidated Revenue
Fund a sum not exceeding in the aggregate $6,038,435,084 towards defraying the various charges and expenses of the federal public administration for the fiscal year ending March 31, 2021, not otherwise provided for, which is the total of the amounts of the items set out in the Supplementary Estimates (A) for that fiscal year as set out in Schedules 1 and 2.
2019-2020
Chapter 10: Appropriation Act No. 3, 2020–21 Sections 3-6
Transfers of appropriations 3 The transfers of appropriations set out in the Estimates referred to in section 2 are deemed to have been authorized on April 1, 2020. Purpose of each item 4 (1) The amount authorized by this Act to be paid in respect of an item may be paid only for the purposes, and subject to any terms and conditions, specified in the item. Effective date (2) The provisions of each item set out in Schedules 1
and 2 are deemed to have effect as of April 1, 2020. Adjustments in accounts of Canada — Schedule 1 5 An appropriation that is granted by this Act or any other Act and referred to in Schedule 1 may be charged after the end of the fiscal year for which the appropriation is granted at any time before the day on which the Public Accounts for that fiscal year are tabled in Parliament, for the purpose of making adjustments in the accounts of Canada for that fiscal year that do not require payments out of the Consolidated Revenue Fund.
Adjustments in accounts of Canada — Schedule 2 6 (1) An appropriation that is granted by this Act or any other Act and referred to in Schedule 2 may be charged after the end of the fiscal year following the fiscal year for which the appropriation is granted at any time before the day on which the Public Accounts for that second fiscal year are tabled in Parliament, for the purpose of making adjustments in the accounts of Canada for that second fiscal year that do not require payments out of the Consolidated Revenue Fund.
Order of payment (2) Despite any other provision of this Act, amounts appropriated by this Act and set out in Schedule 2 may be paid and applied at any time on or before March 31, 2022, so long as every payment is charged first against the relevant amount appropriated under any Act that is earliest in time until that amount is exhausted, next against the relevant amount appropriated under any other Act, including this Act, that is next in time until that amount is exhausted and so on. The balance of amounts so appropriated by this Act that have not been charged, subject to the adjustments referred to in section 37 of the Financial Administration Act, lapse at the end of the fiscal year following the fiscal year ending March 31, 2021.
2019-2020
Chapter 10: Appropriation Act No. 3, 2020–21 SCHEDULE 1
SCHEDULE 1
Based on the Supplementary Estimates (A), 2020–21, the amoun the items set out in this Schedule.
Sums granted to Her Majesty by this Act for the fiscal year ending Vote No.
Items
ATLANTIC CANADA OPPORTUNITIES AGENCY Agence de promotion économique du Canada atlantiqu 1a
– Operating expenditures
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 5a
– The grants listed in any of the Estimates for the fiscal ye – Contributions CANADA MORTGAGE AND HOUSING CORPORATION Société canadienne d’hypothèques et de logement
1a
– Payments to reimburse the Corporation for the amount grants, contributions and expenditures made, and losse curred, (a) under the National Housing Act; or
(b) in the course of the exercise of powers or the car functions conferred on the Corporation under any o accordance with the Corporation’s authority under t Housing Corporation Act
CANADIAN AIR TRANSPORT SECURITY AUTHORITY Administration canadienne de la sûreté du transport aé 1a
– Payments to the Authority for operating and capital exp CANADIAN FOOD INSPECTION AGENCY Agence canadienne d’inspection des aliments
1a
– Operating expenditures
– The grants listed in any of the Estimates for the fiscal ye – Contributions CANADIAN INSTITUTES OF HEALTH RESEARCH Instituts de recherche en santé du Canada 1a
– Operating expenditures
5a
– The grants listed in any of the Estimates for the fiscal ye
CANADIAN NORTHERN ECONOMIC DEVELOPMENT AGEN Agence canadienne de développement économique du 5a
– The grants listed in any of the Estimates for the fiscal ye – Contributions
CANADIAN RADIO-TELEVISION AND TELECOMMUNICAT Conseil de la radiodiffusion et des télécommunications 1a
2019-2020
– Program expenditures
Chapter 10: Appropriation Act No. 3, 2020–21 SCHEDULE 1
Vote No.
Items
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal munications Fees Regulations, 2010, the Broadcasting L 1997 and the Unsolicited Telecommunications Fees Reg enues that it receives in that fiscal year from activities r its operations, up to amounts approved by the Treasury CORRECTIONAL SERVICE OF CANADA Service correctionnel du Canada 10a
– To increase from $5,000,000 to $20,000,000 the amount of expenditures made for the purposes of the CORCAN lished by Correctional Service Vote 11c, Appropriation amended by Correctional Service Vote 16b, Appropriat may exceed that Fund’s revenues DEPARTMENT FOR WOMEN AND GENDER EQUALITY Ministère des Femmes et de l’Égalité des genres
5a
– The grants listed in any of the Estimates for the fiscal ye – Contributions DEPARTMENT OF AGRICULTURE AND AGRI-FOOD Ministère de l’Agriculture et de l’Agroalimentaire
10a
– The grants listed in any of the Estimates for the fiscal ye – Contributions DEPARTMENT OF CITIZENSHIP AND IMMIGRATION Ministère de la Citoyenneté et de l’Immigration
1a
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year from the provision of services related to Canada — revenues that it receives in that fiscal year fr services
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 5a
– Capital expenditures
10a
– The grants listed in any of the Estimates for the fiscal ye
– Contributions, including the provision of goods and ser
DEPARTMENT OF CROWN-INDIGENOUS RELATIONS AND Ministère des Relations Couronne-Autochtones et des A 1a
– Operating expenditures – Expenditures on works, buildings and equipment
– Authority to make expenditures — recoverable or other formed on property that is not federal property and on spect of that property
– Authority to provide, in respect of Indian and Inuit econ ties, for the capacity development for Indians and Inuit terials and equipment
2019-2020
Chapter 10: Appropriation Act No. 3, 2020–21 SCHEDULE 1
Vote No.
Items – Authority to sell electric power to private consumers in alternative local sources of supply are not available, in and conditions approved by the Governor in Council
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela incurs in that fiscal year — revenues that it receives in t provision of internal support services under section 29.
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 10a
– The grants listed in any of the Estimates for the fiscal ye – Contributions
DEPARTMENT OF EMPLOYMENT AND SOCIAL DEVELOPM Ministère de l’Emploi et du Développement social 1a
– Operating expenditures
– Authority to make recoverable expenditures in relation Canada Pension Plan and the Employment Insurance A
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela incurs in that fiscal year — revenues that it receives in t
(a) the provision of services to assist provinces in th provincial programs funded under Labour Market D
(b) the provision of internal support services under s
(c) any amount charged to a Crown corporation und Government Employees Compensation Act in relatio for subrogated claims for Crown corporations; and
(d) the portion of the Government Employees Comp tal or agency subrogated claim settlements related t
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 5a
– The grants listed in any of the Estimates for the fiscal ye – Contributions DEPARTMENT OF FINANCE Ministère des Finances
1a
– Program expenditures – Contributions
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela incurs in that fiscal year — revenues that it receives in t provision of internal support services under section 29.
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min
2019-2020
Chapter 10: Appropriation Act No. 3, 2020–21 SCHEDULE 1
Vote No.
Items DEPARTMENT OF FISHERIES AND OCEANS Ministère des Pêches et des Océans
1a
– Operating expenditures
– Canada’s share of expenses of the international fisherie – Authority to provide free office accommodation for the commissions
– Authority to make recoverable advances in the amounts ternational fisheries commissions of joint cost projects
– Authority to make recoverable advances for transportat er shipping services performed for individuals, outside ernments in the course of, or arising out of, the exercis tion, including aids to navigation and shipping
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal (a) in the course of, or arising from, the activities of Guard; and
(b) from the provision of internal support services u Act
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 5a
– Capital expenditures
– Authority to make payments to provinces, municipalitie thorities as contributions towards construction done by – Authority for the purchase and disposal of commercial 10a
– The grants listed in any of the Estimates for the fiscal ye – Contributions
DEPARTMENT OF FOREIGN AFFAIRS, TRADE AND DEVEL Ministère des Affaires étrangères, du Commerce et du 1a
– Operating expenditures, including those related to the a representatives abroad, to the staff of those representa ment of Canadians to the staffs of international organiz
– Authority to make recoverable advances to internationa amounts not exceeding the amounts of the shares of th
– Expenditures in respect of the provision of office accom tional Civil Aviation Organization
– Authority to make recoverable expenditures for assistan distressed Canadian citizens and Canadian residents w their dependants
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela incurs in that fiscal year — revenues that it receives in t (a) trade and education fairs; (b) departmental publications; and (c) the following services:
(i) training services provided by the Canadian Fo
(ii) trade missions and other international busine (iii) investment development services,
2019-2020
Chapter 10: Appropriation Act No. 3, 2020–21 SCHEDULE 1
Vote No.
Items (iv) international telecommunication services,
(v) other services provided abroad to other depa Crown corporations and non-federal organization (vi) specialized consular services
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 10a
– The grants listed in any of the Estimates for the fiscal ye
– Contributions, including payments for other specified p sion of goods and services for (a) the promotion of trade and investment; and
(b) international humanitarian assistance and assist national security, international development and glo DEPARTMENT OF HEALTH Ministère de la Santé 10a
– The grants listed in any of the Estimates for the fiscal ye
– Contributions, in the form of monetary payments or the services DEPARTMENT OF INDIGENOUS SERVICES Ministère des Services aux Autochtones 1a
– Operating expenditures – Expenditures on works, buildings and equipment
– Authority to make expenditures — recoverable or other formed on property that is not federal property and on spect of that property
– Authority to provide, in respect of Indian and Inuit econ ties, for the capacity development for Indians and Inuit terials and equipment – Authority to sell electric power to private consumers in alternative local sources of supply are not available, in and conditions approved by the Governor in Council
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela incurs in that fiscal year — revenues that it receives in t
(a) the provision of services or the sale of products r tion and medical services; and
(b) the provision of internal support services under s
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 10a
– The grants listed in any of the Estimates for the fiscal ye
– Contributions, in the form of monetary payments or the services
2019-2020
Chapter 10: Appropriation Act No. 3, 2020–21 SCHEDULE 1
Vote No.
Items DEPARTMENT OF INDUSTRY Ministère de l’Industrie
1a
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal
(a) the provision of internal support services under s and the provision of internal support services to the Property Office;
(b) activities and operations related to communicati munications Research Centre;
(c) services and insolvency processes under the Ban Act at the Office of the Superintendent of Bankruptc
(d) activities and operations carried out by Corporat Canada Business Corporations Act, the Boards of Tr operatives Act and the Canada Not-for-profit Corpor
(e) services and regulatory processes for mergers an ters, including pre-merger notifications, advance rul ten opinions, under the Competition Act at the Com
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 10a
– The grants listed in any of the Estimates for the fiscal ye – Contributions DEPARTMENT OF NATIONAL DEFENCE Ministère de la Défense nationale
1a
– Operating expenditures
– Authority for total commitments, subject to allotment b of $35,739,116,105 for the purposes of Votes 1, 5 and 10 gardless of the year in which the payment of those com which it is estimated that $14,006,026,264 will come du years)
– Authority, subject to the direction of the Treasury Board penditures or advances in respect of materials supplied formed on behalf of, individuals, corporations, outside departments and agencies and other governments – Payments
(a) in respect of pension, insurance and social secur rangements for employees locally engaged outside
(b) in respect of the administration of such program cluding premiums, contributions, benefit payments, tures made in respect of such employees and for an Treasury Board determines
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela incurs in that fiscal year — revenues that it receives in t from the provision of internal support services under se
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min
2019-2020
Chapter 10: Appropriation Act No. 3, 2020–21 SCHEDULE 1
Vote No. 5a
Items – Capital expenditures DEPARTMENT OF NATURAL RESOURCES Ministère des Ressources naturelles
1a
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal (a) the sale of forestry and information products;
(b) the issue of licences, permits and certificates und the Explosives Regulations, 2013;
(c) training and certification activities related to the A ferred to in paragraph (b);
(d) research, consultation, testing, analysis and adm research products as part of the departmental opera
(e) the provision of internal support services under s cial Administration Act
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 10a
– The grants listed in any of the Estimates for the fiscal ye – Contributions
DEPARTMENT OF PUBLIC SAFETY AND EMERGENCY PRE Ministère de la Sécurité publique et de la Protection civ 5a
– The grants listed in any of the Estimates for the fiscal ye – Contributions
DEPARTMENT OF PUBLIC WORKS AND GOVERNMENT S Ministère des Travaux publics et des Services gouverne 1a
– Operating expenditures for the provision of accommod tral services
– Authority to make recoverable expenditures in relation Canada Pension Plan, the Employment Insurance Act a Management Act
– Authority to expend revenues that it receives during the the provision of accommodation, common and central
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal provision of internal support services under section 29.
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min DEPARTMENT OF TRANSPORT Ministère des Transports 1a
2019-2020
– Operating expenditures
Chapter 10: Appropriation Act No. 3, 2020–21 SCHEDULE 1
Vote No.
Items
– Authority to make expenditures on other than federal p or arising out of, the exercise of jurisdiction in aeronau – Authority for the payment of commissions for revenue nautics Act
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal provision of internal support services under section 29.
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 15a
Grants and contributions – Green and Innovative Transpor
– The grants listed in any of the Estimates for the fiscal ye – Contributions DEPARTMENT OF VETERANS AFFAIRS Ministère des Anciens Combattants 1a
– Operating expenditures
– Expenditures related to the upkeep of real property or im cluding engineering and other investigatory planning e tangible value to the property, payment of taxes, insura
– Expenditures related to, subject to the approval of the G
(a) necessary remedial work on properties construct price contracts and sold under the Veterans’ Land A correct defects for which neither the veteran nor the financially responsible; and
(b) other work on other properties that is required to terest or right in those properties
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min
DEPARTMENT OF WESTERN ECONOMIC DIVERSIFICATIO Ministère de la Diversification de l’économie de l’Ouest 1a
– Operating expenditures
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 5a
– The grants listed in any of the Estimates for the fiscal ye – Contributions
ECONOMIC DEVELOPMENT AGENCY OF CANADA FOR TH Agence de développement économique du Canada pou 1a
– Operating expenditures
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d
2019-2020
Chapter 10: Appropriation Act No. 3, 2020–21 SCHEDULE 1
Vote No.
Items
ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 5a
– The grants listed in any of the Estimates for the fiscal ye – Contributions
FEDERAL ECONOMIC DEVELOPMENT AGENCY FOR SOUT Agence fédérale de développement économique pour l 1a
– Operating expenditures
5a
– The grants listed in any of the Estimates for the fiscal ye – Contributions MARINE ATLANTIC INC. Marine Atlantique S.C.C.
1a
– Payments to the corporation in respect of the costs of it – Payments to the corporation for capital expenditures
– Payments to the corporation for transportation services transportation services between Nova Scotia and Newf and related vessels, terminals and infrastructure NATIONAL CAPITAL COMMISSION Commission de la capitale nationale 1a
– Payments to the Commission for operating expenditure
5a
– Payments to the Commission for capital expenditures NATIONAL RESEARCH COUNCIL OF CANADA Conseil national de recherches du Canada
1a
– Operating expenditures
5a
– Capital expenditures
10a
– The grants listed in any of the Estimates for the fiscal ye
– Contributions, including the provision of goods and ser Thirty Meter Telescope Observatory PRIVY COUNCIL OFFICE Bureau du Conseil privé 1a
– Program expenditures, including
(a) operating expenditures of Commissions of Inqui for;
(b) contributions in respect of costs incurred by pers Commissions of Inquiry; and (c) the operation of the Prime Minister’s residence
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela incurs in that fiscal year — revenues that it receives in t
(a) the provision of intelligence analysis training; an
(b) the provision of internal support services under s
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the
2019-2020
Chapter 10: Appropriation Act No. 3, 2020–21 SCHEDULE 1
Vote No.
Items
down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min PUBLIC HEALTH AGENCY OF CANADA Agence de la santé publique du Canada 1a
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal products, the provision of inspection services and the p port services under section 29.2 of that Act 10a
– The grants listed in any of the Estimates for the fiscal ye – Contributions ROYAL CANADIAN MOUNTED POLICE Gendarmerie royale du Canada
1a
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela incurs in that fiscal year — revenues that it receives in t from the provision of internal support services under se 10a
– The grants listed in any of the Estimates for the fiscal ye listed for any grant may be increased or decreased, sub the Treasury Board – Contributions SHARED SERVICES CANADA Services partagés Canada
1a
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year from the provision of information techn Shared Services Canada Act — revenues that it receive the provision of those services 5a
– Capital expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset cap incurs in that fiscal year — revenues that it receives in t provision of information technology services under the Act
SOCIAL SCIENCES AND HUMANITIES RESEARCH COUNC Conseil de recherches en sciences humaines 5a
– The grants listed in any of the Estimates for the fiscal ye TREASURY BOARD SECRETARIAT Secrétariat du Conseil du Trésor
1a
– Program expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal of internal support services under section 29.2 of that A tivities
2019-2020
Chapter 10: Appropriation Act No. 3, 2020–21 SCHEDULE 1
Vote No.
Items
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 20a
Public Service Insurance
– Payments, in respect of insurance, pension or benefit pr ments, or in respect of the administration of such progr cluding premiums, contributions, benefits, fees and oth respect of the federal public administration, or any part any other persons that the Treasury Board determines
– Authority to expend any revenues or other amounts tha insurance, pension or benefit programs or other arrang (a) to offset premiums, contributions, benefits, fees respect of those programs or arrangements; and
(b) to provide for the return to eligible employees of der subsection 96(3) of the Employment Insurance A 30a
Paylist Requirements
– Authority granted to the Treasury Board to supplement for the fiscal year for
(a) requirements related to parental and maternity a
(b) entitlements on cessation of service or employm
(c) adjustments that have not been provided from V justments, made to terms and conditions of service federal public administration, including the Royal Ca as well as of members of the Canadian Forces VIA RAIL CANADA INC. VIA Rail Canada Inc. 1a
– Payments to the corporation in respect of the costs of it – Payments to the corporation for capital expenditures
– Payments to the corporation for the provision of rail pas Canada in accordance with contracts entered into pursu (c)(i) of Transport Vote 52d, Appropriation Act No. 1, 19
2019-2020
Chapter 10: Appropriation Act No. 3, 2020–21 SCHEDULE 1 (French)
ANNEXE 1 D’après le Budget supplémentaire des dépenses (A) 2020-2021, la des postes figurant à la présente annexe.
Sommes accordées par la présente loi à Sa Majesté pour l’exercice dées. No du crédit
Postes
ADMINISTRATION CANADIENNE DE LA SÛRETÉ DU T Canadian Air Transport Security Authority 1a
– Paiements à l’Administration pour les dépenses de dépenses en capital
AGENCE CANADIENNE DE DÉVELOPPEMENT ÉCONO Canadian Northern Economic Development Agenc 5a
– Subventions inscrites à tout budget des dépenses p – Contributions
AGENCE CANADIENNE D’INSPECTION DES ALIMENT Canadian Food Inspection Agency 1a
– Dépenses de fonctionnement
– Subventions inscrites à tout budget des dépenses p – Contributions
AGENCE DE DÉVELOPPEMENT ÉCONOMIQUE DU CA RÉGIONS DU QUÉBEC Economic Development Agency of Canada for the 1a
– Dépenses de fonctionnement
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5a
– Subventions inscrites à tout budget des dépenses p – Contributions AGENCE DE LA SANTÉ PUBLIQUE DU CANADA Public Health Agency of Canada
1a
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re de celui-ci qui proviennent de la vente de produits, vices d’inspection et de la prestation de services de vertu de l’article 29.2 de cette loi 10a
– Subventions inscrites à tout budget des dépenses p – Contributions
AGENCE DE PROMOTION ÉCONOMIQUE DU CANADA Atlantic Canada Opportunities Agency 1a
2019-2020
– Dépenses de fonctionnement
Chapter 10: Appropriation Act No. 3, 2020–21 SCHEDULE 1 (French)
No du crédit
Postes
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5a
– Subventions inscrites à tout budget des dépenses p – Contributions
AGENCE FÉDÉRALE DE DÉVELOPPEMENT ÉCONOMIQ L’ONTARIO Federal Economic Development Agency for Southe 1a 5a
– Dépenses de fonctionnement
– Subventions inscrites à tout budget des dépenses p – Contributions BUREAU DU CONSEIL PRIVÉ Privy Council Office
1a
– Dépenses du programme, y compris :
a) les dépenses de fonctionnement des commis prévues;
b) les contributions relatives aux frais engagés p paraissant devant des commissions d’enquête;
c) le fonctionnement de la résidence du premier
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer çues au cours de celui-ci qui proviennent de ce qui
a) la formation en matière d’analyse du renseig
b) la prestation de services de soutien internes e de cette loi.
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada COMMISSION DE LA CAPITALE NATIONALE National Capital Commission 1a
– Paiements à la Commission pour les dépenses de f
5a
– Paiements à la Commission pour les dépenses en c
CONSEIL DE LA RADIODIFFUSION ET DES TÉLÉCOMM CANADIENNES Canadian Radio-television and Telecommunication 1a
– Dépenses du programme
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re de celui-ci au titre du Règlement de 2010 sur les dr
2019-2020
Chapter 10: Appropriation Act No. 3, 2020–21 SCHEDULE 1 (French)
No du crédit
Postes
télécommunication, du Règlement de 1997 sur les diodiffusion et du Règlement sur les droits relatifs non sollicitées et dans le cadre de ses autres activit des montants approuvés par le Conseil du Trésor
CONSEIL DE RECHERCHES EN SCIENCES HUMAINES Social Sciences and Humanities Research Council 5a
– Subventions inscrites à tout budget des dépenses p CONSEIL NATIONAL DE RECHERCHES DU CANADA National Research Council of Canada
1a
– Dépenses de fonctionnement
5a
– Dépenses en capital
10a
– Subventions inscrites à tout budget des dépenses p
– Contributions, y compris la fourniture de biens et d vatoire international du Télescope de trente mètres GENDARMERIE ROYALE DU CANADA Royal Canadian Mounted Police 1a
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer çues au cours de celui-ci qui proviennent notamme services de soutien internes en vertu de l’article 29 10a
– Subventions inscrites à tout budget des dépenses p tant prévu pour chaque subvention pouvant être m l’approbation du Conseil du Trésor – Contributions INSTITUTS DE RECHERCHE EN SANTÉ DU CANADA Canadian Institutes of Health Research
1a
– Dépenses de fonctionnement
5a
– Subventions inscrites à tout budget des dépenses p MARINE ATLANTIQUE S.C.C. Marine Atlantic Inc.
1a
– Paiements à la société pour les dépenses liées à sa
– Paiements à la société pour les dépenses en capital
– Paiements à la société pour les services de transpo de transport maritime entre la Nouvelle-Écosse et T dor, et les navires, terminaux et infrastructures con
MINISTÈRE DE LA CITOYENNETÉ ET DE L’IMMIGRAT Department of Citizenship and Immigration 1a
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice pour l dans le cadre du programme « Expérience internat cettes perçues au cours de cet exercice qui provien ces services
2019-2020
Chapter 10: Appropriation Act No. 3, 2020–21 SCHEDULE 1 (French)
No du crédit
Postes
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5a 10a
– Dépenses en capital
– Subventions inscrites à tout budget des dépenses p
– Contributions, y compris la fourniture de biens et d MINISTÈRE DE LA DÉFENSE NATIONALE Department of National Defence 1a
– Dépenses de fonctionnement
– Autorisation de contracter, sous réserve d’affectatio sor, des engagements totalisant 35 739 116 105 $ à et 10 du ministère, quelle que soit l’année au cours tué tout paiement afférent à l’un ou l’autre de ces e est estimé qu’une tranche de 14 006 026 264 $ devie années à venir)
– Autorisation de faire des dépenses ou des avances serve des directives du Conseil du Trésor, à l’égard des particuliers, des sociétés, des organismes exté tères ou organismes fédéraux et d’autres administr rendus en leur nom – Paiements effectués dans le cadre :
a) de programmes de pension, d’assurance et d d’autres ententes pour les employés recrutés su Canada;
b) de l’administration de ces programmes ou en primes, contributions, avantages, frais et autres les employés recrutés sur place à l’extérieur du personnes déterminées par le Conseil du Trésor
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer çues au cours de celui-ci qui proviennent notamme services de soutien internes en vertu de l’article 29
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5a
– Dépenses en capital
MINISTÈRE DE LA DIVERSIFICATION DE L’ÉCONOMIE CANADIEN Department of Western Economic Diversification 1a
– Dépenses de fonctionnement
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d
2019-2020
Chapter 10: Appropriation Act No. 3, 2020–21 SCHEDULE 1 (French)
No du crédit
Postes
payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5a
– Subventions inscrites à tout budget des dépenses p – Contributions
MINISTÈRE DE L’AGRICULTURE ET DE L’AGROALIME Department of Agriculture and Agri-Food 10a
– Subventions inscrites à tout budget des dépenses p – Contributions MINISTÈRE DE LA SANTÉ Department of Health
10a
– Subventions inscrites à tout budget des dépenses p – Contributions, sous forme de paiements en argent biens ou de services
MINISTÈRE DE LA SÉCURITÉ PUBLIQUE ET DE LA PR Department of Public Safety and Emergency Prepa 5a
– Subventions inscrites à tout budget des dépenses p – Contributions
MINISTÈRE DE L’EMPLOI ET DU DÉVELOPPEMENT SO Department of Employment and Social Developme 1a
– Dépenses de fonctionnement
– Autorisation d’effectuer des dépenses recouvrables Régime de pensions du Canada et de la Loi sur l’as
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer çues au cours de celui-ci qui proviennent de ce qui
a) les services visant à aider les provinces à adm grammes provinciaux financés aux termes des pement du marché du travail;
b) les services de soutien internes fournis en ve cette loi;
c) tout montant facturé à une société d’État en v la Loi sur l’indemnisation des agents de l’État en litige pour les recours par subrogation pour les
d) la portion des coûts de litige découlant des rè mandes de réclamation auprès de tiers pour les nismes faits en vertu de la Loi sur l’indemnisatio
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5a
– Subventions inscrites à tout budget des dépenses p – Contributions
2019-2020
Chapter 10: Appropriation Act No. 3, 2020–21 SCHEDULE 1 (French)
No du crédit
Postes MINISTÈRE DE L’INDUSTRIE Department of Industry
1a
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re de celui-ci qui proviennent de ce qui suit :
a) la prestation de services de soutien internes e de cette loi et de services de soutien internes à intellectuelle du Canada;
b) les activités liées aux recherches sur les com de recherches sur les communications;
c) les services et la procédure d’insolvabilité, au lite et l’insolvabilité, au Bureau du surintendant
d) les activités de Corporations Canada au titre les sociétés par actions, de la Loi sur les chamb Loi canadienne sur les coopératives et de la Loi ganisations à but non lucratif;
e) les services et la procédure réglementaire au rence pour les fusions et toute chose s’y rappor préalables à une fusion, les certificats de décisio consultatifs au titre de la Loi sur la concurrence
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 10a
– Subventions inscrites à tout budget des dépenses p – Contributions
MINISTÈRE DES AFFAIRES ÉTRANGÈRES, DU COMM DÉVELOPPEMENT Department of Foreign Affairs, Trade and Developm 1a
– Dépenses de fonctionnement, y compris celles liées présentants du Canada à l’étranger, à leur personn fectés par le gouvernement canadien au personnel tionaux
– Autorisation de faire des avances recouvrables à de tionaux jusqu’à concurrence de la valeur des action ces organismes
– Dépenses relatives aux locaux de l’Organisation de tionale
– Autorisation d’effectuer des dépenses recouvrables et résidents canadiens qui se trouvent en difficulté leurs personnes à charge, et pour rapatrier ces per
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer çues au cours de celui-ci qui proviennent de ce qui a) les foires commerciales et éducatives; b) les publications ministérielles; c) la prestation des services suivants :
(i) la formation offerte par l’Institut canadien
2019-2020
Chapter 10: Appropriation Act No. 3, 2020–21 SCHEDULE 1 (French)
No du crédit
Postes
(ii) les missions commerciales et autres serv du commerce international,
(iii) les services de développement des inves
(iv) les services de télécommunication intern
(v) les autres services fournis à l’étranger à d ganismes, sociétés d’État et autres organisat (vi) les services consulaires spécialisés.
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 10a
– Subventions inscrites à tout budget des dépenses p
– Contributions, y compris les paiements à d’autres fi niture de biens et de services pour :
a) la promotion du commerce et de l’investissem
b) l’aide humanitaire internationale et l’aide fou curité internationale, le développement internat diale. MINISTÈRE DES ANCIENS COMBATTANTS Department of Veterans Affairs 1a
– Dépenses de fonctionnement
– Dépenses afférentes à l’entretien des biens immeub compris celles relatives à des travaux de génie et d qui n’ajoutent aucune valeur tangible au bien ainsi taxes, assurances et services publics
– Sous réserve de l’approbation du gouverneur en co rentes :
a) aux travaux de réparation nécessaires sur de en vertu de contrats particuliers à prix ferme et à la Loi sur les terres destinées aux anciens com ch. V-4), afin de corriger des défectuosités dont ni l’entrepreneur ne peuvent être tenus financiè
b) à tout autre travail qui s’impose sur d’autres vegarder le droit ou l’intérêt que le directeur po propriétés.
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada
MINISTÈRE DES FEMMES ET DE L’ÉGALITÉ DES GEN Department for Women and Gender Equality 5a
– Subventions inscrites à tout budget des dépenses p – Contributions
2019-2020
Chapter 10: Appropriation Act No. 3, 2020–21 SCHEDULE 1 (French)
No du crédit
Postes MINISTÈRE DES FINANCES Department of Finance
1a
– Dépenses du programme – Contributions
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer çues au cours de celui-ci qui proviennent de la pres soutien internes en vertu de l’article 29.2 de cette lo
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada MINISTÈRE DES PÊCHES ET DES OCÉANS Department of Fisheries and Oceans 1a
– Dépenses de fonctionnement
– Participation du Canada aux dépenses des commis des pêches
– Autorisation de fournir gratuitement des locaux aux tionales des pêches
– Autorisation de faire des avances recouvrables équ de la quote-part de ces commissions dans les prog
– Autorisation de faire des avances recouvrables pou port et d’arrimage et d’autres services de la marine des particuliers, à des organismes indépendants et ments en lien avec l’exercice de sa compétence en y compris les aides à la navigation et à la navigatio
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re de celui-ci qui proviennent de ce qui suit : a) les activités de la Garde côtière canadienne;
b) la prestation de services de soutien internes e de cette loi.
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5a
– Dépenses en capital
– Autorisation de faire des paiements aux provinces, des autorités locales ou privées à titre de contribut construction entrepris par ces administrations ou a
– Autorisation d’acheter des bateaux de pêche comm 10a
– Subventions inscrites à tout budget des dépenses p – Contributions
2019-2020
Chapter 10: Appropriation Act No. 3, 2020–21 SCHEDULE 1 (French)
No du crédit
Postes
MINISTÈRE DES RELATIONS COURONNE-AUTOCHTO DU NORD Department of Crown-Indigenous Relations and No 1a
– Dépenses de fonctionnement
– Dépenses relatives aux ouvrages, bâtiments et mat
– Autorisation d’effectuer des dépenses — recouvrab aux travaux effectués sur des propriétés n’apparten ment fédéral et aux services fournis à l’égard de ce
– Autorisation d’affecter des fonds dans le cadre d’ac grès économique des Indiens et des Inuits, relative la capacité des Indiens et des Inuits et à l’approvisi et en matériel
– Autorisation de vendre de l’électricité, conforméme prouvées par le gouverneur en conseil, aux consom particuliers vivant dans des centres éloignés lorsqu accès aux sources alternatives locales d’approvisio
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer çues au cours de celui-ci qui proviennent de la pres soutien internes en vertu de l’article 29.2 de cette lo
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 10a
– Subventions inscrites à tout budget des dépenses p – Contributions MINISTÈRE DES RESSOURCES NATURELLES Department of Natural Resources
1a
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re de celui-ci qui proviennent de ce qui suit :
a) la vente de produits d’information et de prod
b) la délivrance de licences, de permis et de cer sur les explosifs et du Règlement de 2013 sur le
c) la formation et les attestations de formation l ment visés à l’alinéa b);
d) la perception, dans le cadre des activités du m des services de recherche, de consultation, d’év d’administration et pour l’accès à des travaux d
e) la prestation de services de soutien internes e de la Loi sur la gestion des finances publiques.
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada
2019-2020
Chapter 10: Appropriation Act No. 3, 2020–21 SCHEDULE 1 (French)
No du crédit 10a
Postes
– Subventions inscrites à tout budget des dépenses p – Contributions MINISTÈRE DES SERVICES AUX AUTOCHTONES Department of Indigenous Services
1a
– Dépenses de fonctionnement
– Dépenses relatives aux ouvrages, bâtiments et mat
– Autorisation d’effectuer des dépenses — recouvrab aux travaux effectués sur des propriétés n’apparten ment fédéral et aux services fournis à l’égard de ce
– Autorisation d’affecter des fonds dans le cadre d’ac grès économique des Indiens et des Inuits, relative la capacité des Indiens et des Inuits et à l’approvisi et en matériel
– Autorisation de vendre de l’électricité, conforméme prouvées par le gouverneur en conseil, aux consom particuliers vivant dans des centres éloignés lorsqu accès aux sources alternatives locales d’approvisio
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer çues au cours de celui-ci qui proviennent de ce qui
a) la prestation de services ou la vente de produ protection de la santé et aux services médicaux
b) la prestation de services de soutien internes e de cette loi.
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 10a
– Subventions inscrites à tout budget des dépenses p – Contributions, sous forme de paiements en argent biens ou de services MINISTÈRE DES TRANSPORTS Department of Transport
1a
– Dépenses de fonctionnement
– Autorisation d’engager des dépenses pour des bien dans le cadre de l’exercice d’une compétence en m
– Autorisation de payer des commissions pour le rec en vertu de la Loi sur l’aéronautique
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re de celui-ci qui proviennent notamment de la presta tien internes en vertu de l’article 29.2 de cette loi
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé
2019-2020
Chapter 10: Appropriation Act No. 3, 2020–21 SCHEDULE 1 (French)
No du crédit
Postes
et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 15a
Subventions et contributions — Réseau de transport é
– Subventions inscrites à tout budget des dépenses p – Contributions
MINISTÈRE DES TRAVAUX PUBLICS ET DES SERVICE GOUVERNEMENTAUX Department of Public Works and Government Serv 1a
– Dépenses de fonctionnement pour la prestation de locaux et de services communs et centraux
– Autorisation d’effectuer des dépenses recouvrables Régime de pensions du Canada, de la Loi sur l’assu Loi sur l’administration des biens saisis
– Autorisation de dépenser les recettes perçues au co proviennent de la prestation de services de gestion vices communs et centraux
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re de celui-ci qui proviennent notamment de la presta tien internes en vertu de l’article 29.2 de cette loi
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada SECRÉTARIAT DU CONSEIL DU TRÉSOR Treasury Board Secretariat 1a
– Dépenses du programme
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re de celui-ci qui proviennent de la prestation de serv en vertu de l’article 29.2 de cette loi et de ses autre
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 20a
Assurances de la fonction publique
– À l’égard de tout ou partie de la fonction publique e sonnes déterminées par le Conseil du Trésor, paiem cadre des programmes d’assurance, de pension, d d’autres ententes — ou de l’administration de ces p tentes —, notamment au titre des primes, contribu ciaux, frais et autres dépenses
– Autorisation d’affecter tous revenus ou toutes autre dans le cadre des programmes d’assurance, de pen ciaux ou d’autres ententes :
2019-2020
Chapter 10: Appropriation Act No. 3, 2020–21 SCHEDULE 1 (French)
No du crédit
Postes
a) pour compenser notamment les primes, cont ciaux, frais et autres dépenses liés à ces program tentes;
b) pour rembourser les employés admissibles, e graphe 96(3) de la Loi sur l’assurance-emploi, p primes retenues. 30a
Besoins en matière de rémunération
– Autorisation donnée au Conseil du Trésor d’augme pour l’exercice pour : a) des prestations parentales et de maternité; b) des versements liés à la cessation de service
c) des rajustements apportés aux modalités de l’administration publique fédérale, notamment du Canada, et des membres des Forces canadie pourvus par le crédit 15, Rajustements à la rému SERVICE CORRECTIONNEL DU CANADA Correctional Service of Canada 10a
– Augmentation de 5 000 000 $ à 20 000 000 $ du mon des dépenses effectuées pour le Fonds renouvelab par le crédit 11c de la Loi de crédits no 4 pour 1991 tionnel), modifié par le crédit 16b de la Loi de crédi (Service correctionnel), peut dépasser les recettes d SERVICES PARTAGÉS CANADA Shared Services Canada
1a
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice pour l de technologie de l’information au titre de la Loi su Canada, les recettes perçues au cours de celui-ci qu prestation de ces services 5a
– Dépenses en capital
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses en capital engagées au cours de cet exer çues au cours de celui-ci qui proviennent de la pres technologie de l’information au titre de la Loi sur S Canada
SOCIÉTÉ CANADIENNE D’HYPOTHÈQUES ET DE LOG Canada Mortgage and Housing Corporation 1a
– Paiements à la Société visant à la rembourser pour par elle sur les prêts consentis, les subventions et c les dépenses contractées, les pertes subies et les fr selon le cas : a) au titre de la Loi nationale sur l’habitation;
b) dans le cadre des attributions qui lui sont con loi fédérale et qu’elle exerce en conformité avec nadienne d’hypothèques et de logement.
VIA RAIL CANADA INC. VIA Rail Canada Inc. 1a
2019-2020
– Paiements à la société pour les dépenses liées à sa
Chapter 10: Appropriation Act No. 3, 2020–21 SCHEDULE 1 (French)
No du crédit
Postes
– Paiements à la société pour les dépenses en capital
– Paiements à la société en vue de la prestation d’un Canada, conformément aux contrats conclus en ve du crédit 52d (Transports) de la Loi no 1 de 1977 po dits
2019-2020
Chapter 10: Appropriation Act No. 3, 2020–21 SCHEDULE 2
SCHEDULE 2
Based on the Supplementary Estimates (A), 2020–21, the amount in this Schedule.
Sum granted to Her Majesty by this Act for the fiscal year ending following fiscal year ending March 31, 2022 and the purposes for w Vote No.
Items PARKS CANADA AGENCY Agence Parcs Canada
1a
– Program expenditures – Capital expenditures
– The grants listed in any of the Estimates for the fiscal y – Contributions, including
(a) expenditures on other than federal property; and
(b) payments to provinces and municipalities as con cost of undertakings carried out by those bodies
2019-2020
Chapter 10: Appropriation Act No. 3, 2020–21 SCHEDULE 2 (French)
ANNEXE 2
D’après le Budget supplémentaire des dépenses (A) 2020-2021, la figurant à la présente annexe.
Somme accordée par la présente loi à Sa Majesté pour l’exercice s cours et à l’exercice suivant se terminant le 31 mars 2022, et fins a No du crédit
Postes AGENCE PARCS CANADA Parks Canada Agency
1a
– Dépenses du programme – Dépenses en capital – Subventions inscrites à tout budget des dépenses pour – Contributions, notamment :
a) les dépenses afférentes à des propriétés autres qu ment fédéral;
b) les paiements aux provinces et aux municipalités à l’égard des engagements assumés par ces dernièr
Published under authority of the Speaker of the House of Commons 2019-2020
Disponible sur le site Web de la Chambre des comm
|
First Session, Forty-third Parliament, 68-69 Elizabeth II, 2019-2020
STATUTES OF CANADA 2020
CHAPTER 11
An Act respecting further COVID-19 measures
ASSENTED TO JULY 27, 2020 BILL C-20
RECOMMENDATION Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act respecting further COVID-19 measures”.
SUMMARY Part 1 amends the Income Tax Act to revise the eligibility criteria for the Canada Emergency Wage Subsidy (CEWS) in order to support those employers hardest hit by the coronavirus disease 2019 (COVID-19). It also extends the CEWS to November 21, 2020, with the ability to extend the CEWS by regulation to no later than December 31, 2020, and provides a revised calculation of the CEWS for the fifth and subsequent qualifying periods. Finally, it makes amendments to the Income Tax Act and the Income Tax Regulations to ensure that the CEWS operates effectively.
Part 2 amends the Pension Act, the Department of Veterans Affairs Act, the Children’s Special Allowances Act and the Veterans Well-being Act to authorize the disclosure of information for the purpose of the administration of a program to provide a onetime payment to persons with disabilities for reasons related to COVID-19. It also amends the Income Tax Act to authorize the use by officials, or disclosure to Government of Canada officials, of taxpayer information solely for the purpose of that one-time payment. Finally, it provides that any amount payable in relation to the administration of the program to provide that one-time payment is to be paid out of the Consolidated Revenue Fund.
Part 3 enacts the Time Limits and Other Periods Act (COVID-19) which addresses the need for flexibility in relation to certain time limits and other periods that are established by or under Acts of Parliament and that are difficult or impossible to meet as a result of the exceptional circumstances produced by COVID-19. In particular, the enactment (a) suspends, for a maximum of six months, certain time limits in relation to proceedings before courts; (b) temporarily enables ministers to suspend or extend time limits and to extend other periods in relation to specified Acts and regulations for a maximum of six months; and (c) provides for the transparent exercise of the powers it confers and for Parliamentary oversight over the exercise of those powers.
i
TABLE OF PROVISIONS An Act respecting further COVID-19 measures
PART 1
Income Tax Act and Income Tax Regulations 1
PART 2
One-time Payment to Persons with Disabilities 5
PART 3
Time Limits and Other Periods Act (COVID-19) 11
Enactment of Act
An Act respecting the suspension or extension of time limits and the extension of other periods as part of the response to the coronavirus disease 2019 Short Title 1
Time Limits and Other Periods Act (COVID-19)
Interpretation and Application 2
Definition of period
Effect of suspension or extension
Non-application — offences
Purpose 5
Purpose
Time Limits Related to Proceedings 6
Suspensions
Other Time Limits and Periods 7
2019-2020
Ministerial orders — Acts and regulations
ii
Chapter 11: An Act respecting further COVID-19 measures TABLE OF PROVISIONS
General 8
Statutory Instruments Act
Sunset provision
Transparency and Parliamentary Oversight 10
Publication on website
Tabling in Parliament
SCHEDULE
2019-2020
iv
68-69 ELIZABETH II
CHAPTER 11
An Act respecting further COVID-19 measures
[Assented to 27th July, 2020] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
PART 1
Income Tax Act and Income Tax Regulations R.S., c. 1 (5th Supp.)
Income Tax Act 1 (1) Subsection 87(2) of the Income Tax Act is
amended by adding the following after paragraph (g.5): COVID-19 – wage subsidy (g.6) for the purposes of section 125.7, the new corporation is deemed to be the same corporation as, and a continuation of, each predecessor corporation unless it is reasonable to consider that one of the main purposes of the amalgamation is to cause the new corporation to qualify for the deemed overpayment under subsection 125.7(2) or to increase the amount of that deemed overpayment; (2) Subsection (1) is deemed to have come into force on April 11, 2020. 2 (1) The definition baseline remuneration in subsection 125.7(1) of the Act is replaced by the following:
baseline remuneration, in respect of an eligible employee of an eligible entity, means the average weekly eligible remuneration, excluding any period of seven or more
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Chapter 11: An Act respecting further COVID-19 measures PART 1 Income Tax Act and Income Tax Regulations Income Tax Act Section 2
consecutive days for which the employee was not remunerated, paid to the eligible employee by the eligible entity during the period that (a) begins on January 1, 2020 and ends on March 15,
2020; or (b) if the eligible entity elects, (i) begins on March 1, 2019 and ends on May 31, 2019, in respect of a qualifying period described in any of paragraphs (a) to (c) of the definition qualifying period, (ii) begins on March 1, 2019 and ends on June 30,
2019, in respect of a qualifying period described in paragraph (c.1) of the definition qualifying period, unless the eligible entity elects to use the period that begins on March 1, 2019 and ends on May 31, 2019 for that qualifying period, or (iii) begins on July 1, 2019 and ends on December 31, 2019, in respect of a qualifying period described in any of paragraphs (c.2) to (d) of the definition qualifying period. (rémunération de base)
(2) The definition eligible employee in subsection
125.7(1) of the Act is replaced by the following: eligible employee, of an eligible entity in respect of a week in a qualifying period, means an individual employed in Canada by the eligible entity in the qualifying period, other than, if the qualifying period is described in any of paragraphs (a) to (c.1) of the definition qualifying period, an individual who is without remuneration by the eligible entity in respect of 14 or more consecutive days in the qualifying period. (employé admissible) (3) The definition current reference period in subsection 125.7(1) of the Act is amended by striking out “and” at the end of paragraph (c) and by adding the following after that paragraph: (c.1) for the qualifying period referred to in paragraph (c.1) of the definition qualifying period, June 2020; (c.2) for the qualifying period referred to in paragraph (c.2) of the definition qualifying period, July 2020;
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Chapter 11: An Act respecting further COVID-19 measures PART 1 Income Tax Act and Income Tax Regulations Income Tax Act Section 2
(c.3) for the qualifying period referred to in paragraph (c.3) of the definition qualifying period, August 2020; (c.4) for the qualifying period referred to in paragraph (c.4) of the definition qualifying period, September 2020; (c.5) for the qualifying period referred to in paragraph (c.5) of the definition qualifying period, October 2020; (c.6) for the qualifying period referred to in paragraph (c.6) of the definition qualifying period, November 2020; and (4) Paragraphs (a) and (b) of the definition eligible entity in subsection 125.7(1) of the Act are replaced by the following: (a) a corporation or a trust, other than a corporation or a trust that is exempt from tax under this Part or is a public institution; (b) an individual other than a trust;
(5) Paragraph (a) of the definition prior reference period in subsection 125.7(1) of the Act is amended by striking out “and” at the end of subparagraph (ii) and by adding the following after subparagraph (iii): (iv) for the qualifying period referred to in paragraph (c.1) of the definition qualifying period, June 2019, (v) for the qualifying period referred to in paragraph (c.2) of the definition qualifying period, July 2019, (vi) for the qualifying period referred to in paragraph (c.3) of the definition qualifying period, August 2019, (vii) for the qualifying period referred to in paragraph (c.4) of the definition qualifying period, September 2019, (viii) for the qualifying period referred to in paragraph (c.5) of the definition qualifying period, October 2019, and (ix) for the qualifying period referred to in paragraph (c.6) of the definition qualifying period, November 2019;
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Chapter 11: An Act respecting further COVID-19 measures PART 1 Income Tax Act and Income Tax Regulations Income Tax Act Section 2
(6) Subparagraphs (b)(i) and (ii) of the definition prior reference period in subsection 125.7(1) of the Act are replaced by the following: (i) on March 1, 2019, the eligible entity was not carrying on business or otherwise carrying on its ordinary activities and the qualifying period is referred to in any of paragraphs (a) to (c.1) of the definition qualifying period, or (ii) the qualifying period is referred to in any of (A) paragraphs (a) to (c.1) of the definition qualifying period and the eligible entity elects for all of the periods set out in paragraphs (a) to (c) of that definition, or (B) paragraphs (c.2) to (d) of the definition qualifying period and the eligible entity elects for all of the periods set out in those paragraphs; and
(7) Paragraph (a) of the definition qualifying entity in subsection 125.7(1) of the Act is replaced by the following: (a) it files an application with the Minister in respect
of the qualifying period in prescribed form and manner, before February 2021; (8) The portion of paragraph (c) of the definition
qualifying entity in subsection 125.7(1) of the Act before subparagraph (i) is replaced by the following: (c) if the qualifying period is described in any of paragraphs (a) to (c.1) of the definition qualifying period, its qualifying revenues for the current reference period are equal to or less than the specified percentage, for the qualifying period, of (9) Paragraph (d) of the definition qualifying entity in subsection 125.7(1) of the Act is replaced by the following: (d) it meets either of the following conditions: (i) it had, on March 15, 2020, a business number in
respect of which it is registered with the Minister to make remittances required under section 153, or (ii) it is the case that (A) on March 15, 2020,
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Chapter 11: An Act respecting further COVID-19 measures PART 1 Income Tax Act and Income Tax Regulations Income Tax Act Section 2
(I) it employed one or more individuals in
Canada, (II) the payroll for its employees was administered by another person or partnership (referred to in this subparagraph as the “payroll service provider”), and (III) the payroll service provider had a business number in respect of which it is registered with the Minister to make remittances required under section 153, (B) the payroll service provider used its business
number to make the remittances referred to in subclause (A)(III) in respect of the employees of the eligible entity, and (C) the Minister is satisfied that the conditions in clauses (A) and (B) are met. (entité admissible)
(10) The definition qualifying period in subsection 125.7(1) of the Act is amended by striking out “or” at the end of paragraph (c) and by replacing paragraph (d) with the following: (c.1) the period that begins on June 7, 2020 and ends on July 4, 2020; (c.2) the period that begins on July 5, 2020 and ends on August 1, 2020; (c.3) the period that begins on August 2, 2020 and
ends on August 29, 2020; (c.4) the period that begins on August 30, 2020 and ends on September 26, 2020; (c.5) the period that begins on September 27, 2020
and ends on October 24, 2020; (c.6) the period that begins on October 25, 2020 and ends on November 21, 2020; or (d) a prescribed period that ends no later than December 31, 2020. (période d’admissibilité) (11) The definition qualifying revenue in subsection 125.7(1) of the Act is amended by adding the following after paragraph (b):
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Chapter 11: An Act respecting further COVID-19 measures PART 1 Income Tax Act and Income Tax Regulations Income Tax Act Section 2
(b.1) in the case of an eligible entity prescribed in
paragraph (f) of the definition eligible entity that would be described in paragraph (c) or (d) of that definition if it were not a public institution, subparagraphs (a)(i) and (ii) apply to an eligible entity that would be described in paragraph (c) of that definition and subparagraphs (b)(i) and (ii) apply to an eligible entity that would be described in paragraph (d) of that definition; (12) Paragraph (b) of the definition institution publique in subsection 125.7(1) of the French version of the Act is replaced by the following:
b) une école, un conseil scolaire, un hôpital, une autorité sanitaire, une université publique ou un collège. (public institution) (13) Subsection 125.7(1) of the Act is amended by adding the following in alphabetical order:
base percentage, of an eligible entity for a qualifying period, means (a) for the qualifying period referred to in paragraph
(c.2) of the definition qualifying period, (i) if the entity’s revenue reduction percentage is
greater than or equal to 50%, 60%, and (ii) in any other case, 1.2 multiplied by the revenue
reduction percentage; (b) for the qualifying period referred to in paragraph
(c.3) of the definition qualifying period, (i) if the entity’s revenue reduction percentage is
greater than or equal to 50%, 60%, and (ii) in any other case, 1.2 multiplied by the revenue reduction percentage; (c) for the qualifying period referred to in paragraph
(c.4) of the definition qualifying period, (i) if the entity’s revenue reduction percentage is greater than or equal to 50%, 50%, and (ii) in any other case, 1 multiplied by the revenue
reduction percentage; (d) for the qualifying period referred to in paragraph
(c.5) of the definition qualifying period,
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Chapter 11: An Act respecting further COVID-19 measures PART 1 Income Tax Act and Income Tax Regulations Income Tax Act Section 2
(i) if the entity’s revenue reduction percentage is greater than or equal to 50%, 40%, and (ii) in any other case, 0.8 multiplied by the revenue
reduction percentage; (e) for the qualifying period referred to in paragraph (c.6) of the definition qualifying period, (i) if the entity’s revenue reduction percentage is
greater than or equal to 50%, 20%, and (ii) in any other case, 0.4 multiplied by the revenue
reduction percentage; and (f) for the qualifying period referred to in paragraph
(d) of the definition qualifying period, a percentage determined by regulation in respect of the eligible entity. (pourcentage de base) revenue reduction percentage, of an eligible entity for a qualifying period, means the result (expressed as a percentage) of the formula 1 − A/B
where A
is the eligible entity’s qualifying revenue for the current reference period for the qualifying period; and
B
is the eligible entity’s qualifying revenue for the prior reference period for the qualifying period – or, if the prior reference period is January and February 2020, the amount determined by the formula in subparagraph (c)(ii) of the definition qualifying entity – or a period prescribed by regulation in respect of the eligible entity for the qualifying period. (pourcentage de baisse de revenu)
top-up percentage, of an eligible entity for a qualifying period, means the lesser of 25% and the percentage determined by the formula 1.25 × (A − 50%)
where A
is the entity’s top-up revenue reduction percentage for the qualifying period. (pourcentage compensatoire)
top-up revenue reduction percentage, of an eligible entity for a qualifying period, means the result (expressed as a percentage) of the formula 1 − A/B
where A
is the average monthly qualifying revenue of the eligible entity for the last three calendar months that
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ended prior to the current reference period for the qualifying period; and B
is the average monthly qualifying revenue of the eligible entity for (a) if the prior reference period for the qualifying
period is January and February 2020, January and February 2020, and (b) in any other case, the last three calendar months that ended prior to the prior reference period for the qualifying period. (pourcentage compensatoire de baisse de revenu)
(14) The description of A in subsection 125.7(2) of the Act is replaced by the following: A
is the total of all amounts, each of which is for an eligible employee in respect of a week in the qualifying period, (a) if the qualifying period is described in any of paragraphs (a) to (c.1) of the definition qualifying period in subsection (1), equal to the greater of (i) the least of (A) 75% of eligible remuneration paid to
the eligible employee by the qualifying entity in respect of that week, (B) $847, and (C) if the eligible employee does not deal
at arm’s length with the qualifying entity in the qualifying period, nil, and (ii) the least of (A) the amount of eligible remuneration paid to the eligible employee by the qualifying entity in respect of that week, (B) 75% of baseline remuneration in respect of the eligible employee determined for that week, and (C) $847, and (b) if the qualifying period is described in any of paragraphs (c.2) to (d) of the definition qualifying period in subsection (1),
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(i) if the eligible employee is not on leave
with pay for that week and the qualifying period is described in paragraph (c.2) or (c.3) of the definition qualifying period in subsection (1), the greater of (A) an amount equal to (I) nil, if the revenue reduction percentage of the qualifying entity for the qualifying period is less than 30%, and (II) in any other case, the greater of the
amount determined under subparagraph (a)(i) and the amount determined under subparagraph (a)(ii), and (B) the amount determined by the formula in subparagraph (ii), (ii) if the eligible employee is not on leave
with pay for that week and the qualifying period is described in any of paragraphs (c.4) to (d) of the definition qualifying period in subsection (1), the amount determined by the formula (E + F) × G
where E
is the qualifying entity’s base percentage for the qualifying period,
F
is the qualifying entity’s top-up percentage for the qualifying period, and
G
is the least of (A) the amount of eligible remuneration paid to the eligible employee by the qualifying entity in respect of that week, (B) $1,129, and (C) if the eligible employee does not
deal at arm’s length with the qualifying entity in the qualifying period, the baseline remuneration in respect of the eligible employee determined for that week, (iii) if the eligible employee is on leave with pay for that week and the qualifying period is described in paragraph (c.2) or (c.3) of the definition qualifying period in subsection (1), (A) nil, unless (I) the revenue reduction percentage of the qualifying entity for the qualifying period is greater than 0%, or
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(II) the top-up percentage of the qualifying entity for the qualifying period is greater than 0%, and (B) in any other case, the greater of the
amount determined under subparagraph (a)(i) and the amount determined under subparagraph (a)(ii), and (iv) if the eligible employee is on leave with pay for that week and the qualifying period is described in any of paragraphs (c.4) to (d) of the definition qualifying period in subsection (1), the least of (A) the amount of eligible remuneration paid to the eligible employee by the qualifying entity in respect of that week, (B) an amount determined by regulation
in respect of the qualifying entity for the qualifying period, (C) nil, if (I) the eligible employee does not deal
at arm’s length with the qualifying entity in the qualifying period, and (II) the baseline remuneration of the
eligible employee for that week is nil, and (D) nil, unless (I) the revenue reduction percentage of the qualifying entity for the qualifying period is greater than 0%, or (II) the top-up percentage of the qualifying entity for the qualifying period is greater than 0%;
(15) The description of D in subsection 125.7(2) of the Act is replaced by the following: D
is (a) nil, if the qualifying period is described in
any of paragraphs (c.2) to (d) of the definition qualifying period in subsection (1), unless
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(i) the revenue reduction percentage of the qualifying entity for the qualifying period is greater than 0%, or (ii) the top-up percentage of the qualifying
entity for the qualifying period is greater than 0%, and (b) in any other case, the total of all amounts,
each of which is for an eligible employee in respect of a week in the qualifying period, if the eligible employee is on leave with pay for that week and the amount is (i) an amount payable by the qualifying entity (A) as an employer’s premium under the
Employment Insurance Act, or (B) as an employer’s contribution under
the Canada Pension Plan or under a provincial pension plan as defined in section 3 of the Canada Pension Plan, or (ii) an amount payable by the qualifying entity as an employer’s premium under the Act respecting parental insurance, CQLR, c. A-29.011. (16) Paragraph 125.7(4)(e) of the Act is replaced by the following: (e) an eligible entity may make an election, which must apply for all qualifying periods, to determine its qualifying revenues based on (i) the cash method, within the meaning assigned
by subsection 28(1) with any modifications that the circumstances require, or (ii) the accrual method, in accordance with generally accepted accounting principles.
(17) Section 125.7 of the Act is amended by adding
the following after subsection (4):
Asset sales — conditions (4.1) Subsection (4.2) applies to an eligible entity in respect of a qualifying period if (a) the eligible entity acquired assets (referred to in
this subsection and subsection (4.2) as the “acquired assets”) of a person or partnership (referred to in this subsection and subsection (4.2) as the “seller”) during the qualifying period or at any time before that period;
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(b) immediately prior to the acquisition, the fair market value of the acquired assets constituted all or substantially all of the fair market value of the property of the seller used in the course of carrying on business; (c) the acquired assets were used by the seller in the course of a business carried on in Canada by the seller; (d) it is reasonable to conclude that none of the main purposes of the acquisition was to increase the amount of a deemed overpayment under subsection (2); and (e) the eligible entity elects in respect of the qualifying
period and files the election in prescribed form and manner with the Minister or, if the seller is in existence during the qualifying period, the eligible entity and the seller jointly elect in respect of that period and so file with the Minister.
Asset sales — application (4.2) If this subsection applies to an eligible entity in respect of a qualifying period, (a) the amount of the qualifying revenue of the seller
for the prior reference period, or the current reference period, for the qualifying period that is reasonably attributable to the acquired assets (referred to in this subsection as the “assigned revenue”) is to be included in determining the qualifying revenue of the eligible entity for its prior reference period or current reference period, as the case may be, for the qualifying period; (b) the assigned revenue is to be subtracted from the qualifying revenue of the seller for its prior reference period or current reference period, as the case may be, for the qualifying period; (c) if a portion of the assigned revenue is from a person or partnership that did not deal at arm’s length with the seller and that person or partnership deals at arm’s length with the eligible entity throughout the current reference period, then that portion of the assigned revenue is deemed to not be derived from persons or partnerships not dealing at arm’s length for the purposes of paragraph (d) of the definition qualifying revenue in subsection (1); and (d) if the seller meets either of the conditions in paragraph (d) of the definition qualifying entity in
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subsection (1), the eligible entity is deemed to meet that condition.
(18) Paragraph 125.7(6)(b) of the Act is replaced by the following: (b) it is reasonable to conclude that one of the main purposes of the transaction, event, series or action in paragraph (a) is to (i) cause an eligible entity to qualify for the deemed overpayment under subsection (2) in respect of that qualifying period, or (ii) in respect of qualifying periods described in any of paragraphs (c.2) to (d) of the definition qualifying period in subsection (1), increase the amount of a deemed overpayment under subsection (2).
(19) Paragraph 125.7(7)(a) of the Act is replaced by the following: (a) for the purposes of subsection (2) and subsections
152(3.4) and 160.1(1), to be a taxpayer; and (20) Subsections 125.7(8) and (9) of the Act are replaced by the following:
Prescribed amounts (8) For the purposes of the definition base percentage in subsection (1), the following may be prescribed: (a) the percentages in subparagraphs (a)(i), (b)(i),
(c)(i), (d)(i) and (e)(i); and (b) the factors in subparagraphs (a)(ii), (b)(ii), (c)(ii), (d)(ii) and (e)(ii).
Deeming rules — revenue decline tests (9) If, absent the application of this subsection, (a) an eligible entity meets the conditions in paragraph (c) of the definition qualifying entity in subsection (1) in respect of a particular qualifying period described in any of paragraphs (a) to (c) of the definition qualifying period in subsection (1), then the eligible entity is deemed to meet the conditions of that paragraph in respect of the immediately following qualifying period; or
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(b) a lower revenue reduction percentage is determined in respect of an eligible entity for a particular qualifying period described in any of paragraphs (c.2) to (d) of the definition qualifying period in subsection (1) than for the immediately preceding qualifying period, then the revenue reduction percentage in respect of the eligible entity for the particular qualifying period is deemed to be equal to its revenue reduction percentage for the immediately preceding qualifying period. (21) Subsections (1) to (20) are deemed to have
come into force on April 11, 2020, except that, in respect of the periods described in paragraphs (a) and (b) of the definition qualifying period in subsection 125.7(1) of the Income Tax Act, paragraphs (a) and (b) of the definition eligible entity in subsection 125.7(1) of that Act, as enacted by subsection (4), are to be read as follows: (a) a corporation, other than a corporation that is exempt from tax under this Part or is a public institution; (b) an individual; 3 (1) Section 152 of the Act is amended by adding
the following after subsection (3.3):
COVID-19 — notice of determination (3.4) The Minister may at any time determine the amount deemed by subsection 125.7(2) to be an overpayment on account of a taxpayer’s liability under this Part that arose during a qualifying period (as defined in subsection 125.7(1)), or determine that there is no such amount, and send a notice of the determination to the taxpayer.
(2) Subsection (1) is deemed to have come into force on April 11, 2020. C.R.C., c. 945
Income Tax Regulations 4 (1) Part LXXXIX.2 of the Income Tax Regulations is repealed. (2) Subsection (1) is deemed to have come into force on June 7, 2020.
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Chapter 11: An Act respecting further COVID-19 measures PART 2 One-time Payment to Persons with Disabilities Sections 5-7
PART 2
One-time Payment to Persons with Disabilities R.S., c. P-6
Pension Act 5 Section 109.2 of the Pension Act is amended by
striking out “and” at the end of paragraph (d), by adding “and” at the end of paragraph (e) and by adding the following after paragraph (e): (f) to the Department of Employment and Social Development or an official of the Canada Revenue Agency, to the extent that the disclosure is required for the administration of a program to provide a one-time payment to persons with disabilities for reasons related to the coronavirus disease 2019 (COVID-19). R.S., c. V-1; 2000, c. 34, par. 95(a)(F)
Department of Veterans Affairs Act 6 Section 6.7 of the Department of Veterans Affairs Act is amended by striking out “and” at the end of paragraph (d), by adding “and” at the end of paragraph (e) and by adding the following after paragraph (e): (f) to the Department of Employment and Social Development or an official of the Canada Revenue Agency, to the extent that the disclosure is required for the administration of a program to provide a one-time payment to persons with disabilities for reasons related to the coronavirus disease 2019 (COVID-19). R.S., c. 1 (5th Supp.)
Income Tax Act 7 Subsection 241(4) of the Income Tax Act is
amended by adding the following after paragraph (h): (h.1) use, or provide to an official of a department or
agency of the Government of Canada, taxpayer information solely for a purpose relating to the administration or enforcement of a program to provide a onetime payment to persons with disabilities for reasons related to the coronavirus disease 2019 (COVID-19), to the extent that the information is relevant for the purpose;
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Chapter 11: An Act respecting further COVID-19 measures PART 2 One-time Payment to Persons with Disabilities Children’s Special Allowances Act Sections 8-10
1992, c. 48, Sch.
Children’s Special Allowances Act 8 Subsection 10(2) of the Children’s Special Allowances Act is replaced by the following:
Release of information (2) Any information obtained by or on behalf of the Minister in the course of the administration or enforcement of this Act or the regulations or the carrying out of an agreement entered into under section 11 may be communicated (a) to any person if it can reasonably be regarded as necessary for the purposes of the administration or enforcement of this Act, the Income Tax Act, the Canada Disability Savings Act or the Canada Education Savings Act or a program administered under an agreement entered into under section 12 of the Canada Education Savings Act; and (b) to the Department of Employment and Social Development, to the extent that the communication is required for the administration of a program to provide a one-time payment to persons with disabilities for reasons related to the coronavirus disease 2019 (COVID-19). 2005, c. 21; 2017, c. 20, s. 270
Veterans Well-being Act 9 Section 81 of the Veterans Well-being Act is
amended by striking out “and” at the end of paragraph (d), by adding “and” at the end of paragraph (e) and by adding the following after paragraph (e): (f) to the Department of Employment and Social Development or an official of the Canada Revenue Agency, to the extent that the disclosure is required for the administration of a program to provide a one-time payment to persons with disabilities for reasons related to the coronavirus disease 2019 (COVID-19).
Payment out of Consolidated Revenue Fund Payment out of Consolidated Revenue Fund 10 Any amount payable by the Minister of Employment and Social Development in relation to the administration of a program to provide a
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Chapter 11: An Act respecting further COVID-19 measures PART 2 One-time Payment to Persons with Disabilities Payment out of Consolidated Revenue Fund Sections 10-11
one-time payment to persons with disabilities for reasons related to the coronavirus disease 2019 (COVID-19), including any administrative cost, is to be paid out of the Consolidated Revenue Fund.
PART 3
Time Limits and Other Periods Act (COVID-19) Enactment of Act 11 The Time Limits and Other Periods Act (COVID-19), whose text is as follows and whose schedule is set out in the schedule to this Act, is enacted:
An Act respecting the suspension or extension of time limits and the extension of other periods as part of the response to the coronavirus disease 2019
Short Title Short title 1 This Act may be cited as the Time Limits and Other Periods Act (COVID-19).
Interpretation and Application Definition of period 2 In this Act, period includes the time during which a licence, permit or other authorization is valid.
Effect of suspension or extension 3 If a time limit is suspended or extended or a period is extended under this Act, then, during the period that the suspension or extension is in effect, every reference in any Act of Parliament or its regulations to that time limit or period is to be read as a reference to the time limit or period as it is suspended or extended.
Non-application — offences 4 (1) This Act does not apply in respect of the investigation of an offence or in respect of a proceeding respecting an offence.
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Non-application — Corrections and Conditional Release Act (2) This Act does not apply in respect of a time limit or
other period that is established by or under the Corrections and Conditional Release Act.
Purpose Purpose 5 (1) The purpose of this Act is (a) to temporarily suspend certain time limits and to
temporarily authorize, in a flexible manner, the suspension or extension of other time limits in order to prevent any exceptional circumstances that may be produced by coronavirus disease 2019 (COVID-19) from making it difficult or impossible to meet those time limits; and (b) to temporarily authorize, in a flexible manner, the extension of other periods in order to prevent any unfair or undesirable effects that may result from the expiry of those periods due to those exceptional circumstances.
For greater certainty (2) For greater certainty, this Act is to be interpreted in a
manner that provides certainty in relation to proceedings and that respects the rule of law and the Canadian Charter of Rights and Freedoms.
Time Limits Related to Proceedings Suspensions 6 (1) The following time limits are, if established by or
under an Act of Parliament, suspended for the period that starts on March 13, 2020 and that ends on September 13, 2020 or on any earlier day fixed by order of the Governor in Council made on the recommendation of the Minister of Justice: (a) any limitation or prescription period for commencing a proceeding before a court; (b) any time limit in relation to something that is to be done in a proceeding before a court; and (c) any time limit within which an application for leave to commence a proceeding or to do something in relation to a proceeding is to be made to a court.
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Court orders — variation (2) The court may, by order, vary the suspension of a
time limit as long as the commencement date of the suspension remains the same and the duration of the suspension does not exceed six months. Court orders — effects (3) The court may make orders respecting the effects of a
failure to meet a suspended time limit, including orders that cancel or vary those effects.
Orders in council (4) The Governor in Council may, by order made on the recommendation of the Minister of Justice, lift a suspension in circumstances specified in the order.
Other Time Limits and Periods Ministerial orders — Acts and regulations 7 (1) The minister who is responsible for an Act of Parliament set out in column 1 of the schedule or a relevant portion of the Act may make an order (a) suspending or extending a time limit that is established by or under any provision of the Act that is set out in column 2; (b) extending any other period that is established by
or under any provision of the Act that is set out in column 2; (c) if a regulation is set out in column 2 in respect of
the Act, (i) suspending or extending a time limit that is established by or under that regulation, or (ii) extending any other period that is established
by or under that regulation; or (d) extending a suspension or extension.
Ministerial orders — regulations (2) The minister who is responsible for a regulation set
out in column 1 of the schedule or a relevant portion of the regulation may make an order (a) suspending or extending a time limit that is established by or under any provision of the regulation that is set out in column 2;
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(b) extending any other period that is established by
or under any provision of the regulation that is set out in column 2; or (c) extending a suspension or extension.
Non-application (3) An order under subsection (1) or (2) does not apply in respect of a time limit or other period that ends on or after December 31, 2020.
Duration (4) The total duration of a suspension or extension must
not exceed six months. However, a suspension must not have the effect of allowing a time limit to continue after December 31, 2020 and an extended time limit or period must end on or before that day. Retroactivity (5) An order under subsection (1) or (2) may, if it so provides, have retroactive effect, but not before March 13, 2020, and it may also include provisions respecting the effects of a failure to meet the time limit or of the expiry of the period before the day on which the order was made, including provisions that cancel or vary those effects.
Additional content (6) An order under subsection (1) or (2) may provide that (a) a suspension or extension does not apply in respect of any circumstance specified in the order without the consent of a person, court or body specified in the order; (b) a suspension or extension applies in respect of any circumstance specified in the order unless a person, court or body specified in the order decides otherwise; or (c) a person, court or body specified in the order may
vary the effects of the order in relation to any circumstance specified in the order.
Regulations (7) The Governor in Council may, on the recommendation of the Minister of Justice, make regulations restricting, or imposing conditions on, a power to make an order under subsection (1) or (2).
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General Statutory Instruments Act 8 The Statutory Instruments Act does not apply to an
order made under subsection 6(1), (2), (3) or (4) or 7(1) or (2).
Sunset provision 9 A power conferred on the Governor in Council or a
minister under this Act is not to be exercised after September 30, 2020.
Transparency and Parliamentary Oversight Publication on website 10 (1) An order made under subsection 6(1) or (4) or
7(1) or (2), together with the reasons for making it, must be published, as soon as feasible after the day on which it is made but no later than five days after the day on which it is made, on a Government of Canada website for a period of at least six months.
Publication in Canada Gazette (2) An order referred to in subsection (1) must be published in Part I of the Canada Gazette within 14 days after the day on which it is made. Tabling in Parliament 11 (1) An order made under subsection 6(1) or (4) or
7(1) or (2) must be tabled in each House of Parliament within three days after the day on which it is made, unless a House is not sitting within those three days, in which case the order is to be tabled in that House at the earliest opportunity. Referral to committee (2) An order that is tabled in a House of Parliament must be referred to a committee of that House.
2019-2020
Chapter 11: An Act respecting further COVID-19 measures SCHEDULE
SCHEDULE (Section 11)
SCHEDULE (Subsections 7(1) and (2))
Acts, Regulations and Provisions Column 1 Acts Bankruptcy and Insolvency Act Loi sur la faillite et l’insolvabilité
Boards of Trade Act Loi sur les chambres de commerce Canada Business Corporations Act Loi canadienne sur les sociétés par actions Canada Cooperatives Act Loi canadienne sur les coopératives
Canada–Newfoundland and Labrador Atlantic Accord Implementation Act Loi de mise en œuvre de l’Accord atlantique Canada — Te Neuve-et-Labrador
Canada Not-for-profit Corporations Act Loi canadienne sur les organisations à but non lucratif Canadian Forces Superannuation Act Loi sur la pension de retraite des Forces canadiennes
Companies’ Creditors Arrangement Act Loi sur les arrangements avec les créanciers des compagn Diplomatic Service (Special) Superannuation Act Loi sur la pension spéciale du service diplomatique Excise Tax Act Loi sur la taxe d’accise
2019-2020
Chapter 11: An Act respecting further COVID-19 measures SCHEDULE
Column 1 Firearms Act Loi sur les armes à feu Garnishment, Attachment and Pension Diversion Act Loi sur la saisie-arrêt et la distraction de pensions Income Tax Act Loi de l’impôt sur le revenu
Investment Canada Act Loi sur Investissement Canada
Lieutenant Governors Superannuation Act Loi sur la pension de retraite des lieutenants-gouverneurs
Members of Parliament Retiring Allowances Act Loi sur les allocations de retraite des parlementaires
Pension Benefits Division Act Loi sur le partage des prestations de retraite Public Service Superannuation Act Loi sur la pension de la fonction publique
2019-2020
Chapter 11: An Act respecting further COVID-19 measures SCHEDULE
Column 1
Royal Canadian Mounted Police Superannuation Act Loi sur la pension de retraite la Gendarmerie royale du Ca
Special Import Measures Act Loi sur les mesures spéciales d’importation
Wage Earner Protection Program Act Loi sur le Programme de protection des salariés
Regulations Aviation Occupational Health and Safety Regulations Règlement sur la santé et la sécurité au travail (aéronefs) Canada Labour Standards Regulations Règlement du Canada sur les normes du travail Canada Occupational Health and Safety Regulations Règlement canadien sur la santé et la sécurité au travail Food and Drug Regulations Règlement sur les aliments et drogues
Maritime Occupational Health and Safety Regulations Règlement sur la santé et la sécurité au travail en milieu m Nunavut Mining Regulations Règlement sur l’exploitation minière au Nunavut
On Board Trains Occupational Health and Safety Regulations Règlement sur la santé et la sécurité au travail (trains)
Royal Canadian Mounted Police Pension Continuation Regul Règlement sur la continuation des pensions de la Gendarm royale du Canada
2019-2020
Chapter 11: An Act respecting further COVID-19 measures SCHEDULE (French)
ANNEXE (article 11)
ANNEXE (paragraphes 7(1) et (2))
Lois, règlements et dispositions Colonne 1 Lois Loi canadienne sur les coopératives Canada Cooperatives Act Loi canadienne sur les organisations à but non lucratif Canada Not-for-profit Corporations Act Loi canadienne sur les sociétés par actions Canada Business Corporations Act Loi de l’impôt sur le revenu Income Tax Act
Loi de mise en œuvre de l’Accord atlantique Canada — Terre et-Labrador Canada–Newfoundland and Labrador Atlantic Accord Implementation Act
Loi sur Investissement Canada Investment Canada Act
Loi sur la faillite et l’insolvabilité Bankruptcy and Insolvency Act
Loi sur la pension de la fonction publique Public Service Superannuation Act
2019-2020
Chapter 11: An Act respecting further COVID-19 measures SCHEDULE (French)
Colonne 1
Loi sur la pension de retraite de la Gendarmerie royale du Ca Royal Canadian Mounted Police Superannuation Act
Loi sur la pension de retraite des Forces canadiennes Canadian Forces Superannuation Act
Loi sur la pension de retraite des lieutenants-gouverneurs Lieutenant Governors Superannuation Act
Loi sur la pension spéciale du service diplomatique Diplomatic Service (Special) Superannuation Act Loi sur la saisie-arrêt et la distraction de pensions Garnishment, Attachment and Pension Diversion Act Loi sur la taxe d’accise Excise Tax Act Loi sur le partage des prestations de retraite Pension Benefits Division Act Loi sur le Programme de protection des salariés Wage Earner Protection Program Act Loi sur les allocations de retraite des parlementaires Members of Parliament Retiring Allowances Act
2019-2020
Chapter 11: An Act respecting further COVID-19 measures SCHEDULE (French)
Colonne 1
Loi sur les armes à feu Firearms Act
Loi sur les arrangements avec les créanciers des compagnies Companies’ Creditors Arrangement Act Loi sur les chambres de commerce Boards of Trade Act Loi sur les mesures spéciales d’importation Special Import Measures Act
Règlements Règlement canadien sur la santé et la sécurité au travail Canada Occupational Health and Safety Regulations Règlement du Canada sur les normes du travail Canada Labour Standards Regulations
Règlement sur la continuation des pensions de la Gendarme royale du Canada Royal Canadian Mounted Police Pension Continuation Regulations Règlement sur la santé et la sécurité au travail (aéronefs) Aviation Occupational Health and Safety Regulations
Règlement sur la santé et la sécurité au travail (trains) On Board Trains Occupational Health and Safety Regulatio
Règlement sur la santé et la sécurité au travail en milieu mar Maritime Occupational Health and Safety Regulations Règlement sur les aliments et drogues Food and Drug Regulations Règlement sur l’exploitation minière au Nunavut Nunavut Mining Regulations
Published under authority of the Speaker of the House of Commons 2019-2020
Disponible sur le site Web de la Chambre des comm
|
Second Session, Forty-third Parliament, 69 Elizabeth II, 2020
STATUTES OF CANADA 2020
CHAPTER 13
An Act to amend the Income Tax Act (Canada Emergency Rent Subsidy and Canada Emergency Wage Subsidy)
ASSENTED TO NOVEMBER 19, 2020 BILL C-9
RECOMMENDATION Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act to amend the Income Tax Act (Canada Emergency Rent Subsidy and Canada Emergency Wage Subsidy)”.
SUMMARY This enactment amends the Income Tax Act to revise the eligibility criteria, as well as the level of subsidization, under the Canada Emergency Wage Subsidy (CEWS) as part of the response to the coronavirus disease 2019. It also extends the CEWS to June 30, 2021. The enactment further amends the Income Tax Act to introduce the Canada Emergency Rent Subsidy (CERS) in order to support those hardest hit by the coronavirus disease 2019. This subsidy provides relief in respect of rent and interest on debt obligations incurred to acquire real property used by businesses, charities and not-for-profit organizations in the course of their businesses or other activities. The rent subsidy is effective as of September 27, 2020.
i
69 ELIZABETH II
CHAPTER 13
An Act to amend the Income Tax Act (Canada Emergency Rent Subsidy and Canada Emergency Wage Subsidy) [Assented to 19th November, 2020] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: R.S., c. 1 (5th Supp.)
Income Tax Act 1 (1) Paragraph 87(2)(g.6) of the Income Tax Act is replaced by the following:
COVID-19 – wage subsidy (g.6) for the purposes of section 125.7, the new corporation is deemed to be the same corporation as, and a continuation of, each predecessor corporation unless it is reasonable to consider that one of the main purposes of the amalgamation is to cause the new corporation to qualify for the deemed overpayment under subsection 125.7(2) or (2.1) or to increase the amount of that deemed overpayment; (2) Subsection (1) is deemed to have come into force on September 27, 2020. 2 (1) The definitions eligible employee and top-up revenue reduction percentage in subsection 125.7(1) of the Act are replaced by the following:
eligible employee, of an eligible entity in respect of a week in a qualifying period, means an individual employed by the eligible entity primarily in Canada throughout the qualifying period (or the portion of the qualifying period throughout which the individual was employed by the eligible entity), other than, if the qualifying period is described in any of paragraphs (a) to (c.1) of the definition qualifying period, an individual who is without remuneration by the eligible entity in respect of 14 or more consecutive days in the qualifying period. (employé admissible)
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top-up revenue reduction percentage, of an eligible entity for a qualifying period, means (a) for a qualifying period referred to in any of paragraphs (c.2) to (c.4) of the definition qualifying period, the result (expressed as a percentage) of the formula 1−A÷B
where A
is the average monthly qualifying revenue of the eligible entity for the last three calendar months that ended prior to the current reference period for the qualifying period, and
B
is the average monthly qualifying revenue of the eligible entity for (i) if the prior reference period for the qualifying period is January and February 2020, January and February 2020, and (ii) in any other case, the last three calendar
months that ended prior to the prior reference period for the qualifying period; (b) for a qualifying period referred to in any of paragraphs (c.5) to (c.7) of the definition qualifying period, the greater of (i) the result (expressed as a percentage) of the formula in paragraph (a), and (ii) the revenue reduction percentage of the eligible entity for the qualifying period; and (c) for a qualifying period referred to in paragraph (d) of the definition qualifying period, the revenue reduction percentage of the eligible entity for the qualifying period. (pourcentage compensatoire de baisse de revenu)
(2) Paragraph (b) of the definition baseline remuneration in subsection 125.7(1) of the Act is amended by striking out “or” at the end of subparagraph (ii), by adding “or” at the end of subparagraph (iii) and by adding the following after subparagraph (iii): (iv) if the eligible employee was on leave for any reason mentioned in subsection 12(3) of the Employment Insurance Act or section 2 of the Act respecting parental insurance, CQLR, c. A-29.011 throughout the period that begins on July 1, 2019
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and ends on March 15, 2020, begins 90 days prior to the date on which the employee commenced that leave and ends on the day prior to the date on which they commenced their leave, in respect of a qualifying period referred to in any of paragraphs (c.2) to (d) of the definition qualifying period. (rémunération de base) (3) Subparagraphs (e)(i) and (ii) of the definition base percentage in subsection 125.7(1) of the Act are replaced with the following: (i) if the entity’s revenue reduction percentage is
greater than or equal to 50%, 40%, and (ii) in any other case, 0.8 multiplied by the revenue
reduction percentage; (4) Paragraph (f) of the definition base percentage
in subsection 125.7(1) of the Act is replaced with the following: (f) for the qualifying period referred to in paragraph
(c.7) of the definition qualifying period, (i) if the entity’s revenue reduction percentage is greater than or equal to 50%, 40%, and (ii) in any other case, 0.8 multiplied by the revenue
reduction percentage; and (g) for a qualifying period referred to in paragraph (d)
of the definition qualifying period, a percentage determined by regulation in respect of the eligible entity. (pourcentage de base) (5) The definition current reference period in subsection 125.7(1) of the Act is amended by striking out “and” at the end of paragraph (c.6) and by adding the following after that paragraph: (c.7) for the qualifying period referred to in paragraph (c.7) of the definition qualifying period, December 2020; and (6) Paragraph (a) of the definition prior reference period in subsection 125.7(1) of the Act is amended by striking out “and” at the end of subparagraph (viii), by adding “and” at the end of subparagraph (ix) and by adding the following after subparagraph (ix): (x) for the qualifying period referred to in paragraph (c.7) of the definition qualifying period, December 2019;
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(7) Paragraph (a) of the definition qualifying entity in subsection 125.7(1) of the Act is replaced by the following: (a) it files an application with the Minister in respect
of the qualifying period in prescribed form and manner on or before the later of (i) January 31, 2021, and (ii) 180 days after the end of the qualifying period;
(8) The definition qualifying period in subsection 125.7(1) of the Act is amended by striking out “or” at the end of paragraph (c.6) and by replacing paragraph (d) with the following: (c.7) the period that begins on November 22, 2020 and ends on December 19, 2020; or (d) a prescribed period that ends no later than June 30, 2021. (période d’admissibilité) (9) Paragraph (b) of the definition specified percentage in subsection 125.7(1) of the Act is replaced by the following: (b) for the qualifying period referred to in any of paragraphs (b) to (c.1) of the definition qualifying period, 70%; and (10) The portion of the definition top-up percentage in subsection 125.7(1) of the Act before the formula is replaced by the following: top-up percentage, of an eligible entity for a qualifying period, means the percentage determined by regulation for the qualifying period or, if there is no percentage determined by regulation for the qualifying period, the lesser of 25% and the percentage determined by the formula (11) Subsection 125.7(1) of the Act is amended by adding the following in alphabetical order:
public health restriction, in respect of a qualifying property of an eligible entity for a qualifying period, means an order or decision in respect of which the following conditions are met: (a) it is made under a law of Canada or a province, or
the authority granted under such a law;
Chapter 13: An Act to amend the Income Tax Act (Canada Emergency Rent Subsidy and Canada Emergency Wage Subsidy) Income Tax Act Section 2
(b) it is made in response to the coronavirus disease
2019 (COVID-19) pandemic; (c) it is limited in scope based on one or more factors, such as (i) defined geographical boundaries, (ii) type of business or other activity, or (iii) risks associated with a particular location; (d) non-compliance with the order or decision is a
federal or provincial offence or can result in the imposition of an administrative monetary penalty or other sanction by the Government of Canada or a province; (e) it does not result from a violation by the eligible
entity of an order or decision that meets the conditions in paragraphs (a) to (d); (f) as a result of the order or decision, some or all of the activities of the eligible entity at, or in connection with, the qualifying property (that it is reasonable to expect the eligible entity would, absent the order or decision, otherwise have engaged in) are required to cease (referred to in this definition as the “restricted activities”) based, for greater certainty, on the type of activity rather than the extent to which an activity may be performed or limits placed on the time during which an activity may be performed; (g) it is reasonable to conclude that at least approximately 25% of the qualifying revenues of the eligible entity for the prior reference period that were earned from, or in connection with, the qualifying property were derived from the restricted activities; and (h) the restricted activities are required to cease for a period of at least one week. (restrictions sanitaires)
qualifying property, of an eligible entity for a qualifying period, means real or immovable property (other than property that is a self-contained domestic establishment used by the eligible entity or by a person not dealing at arm’s length with the eligible entity, or part of such a self-contained domestic establishment, the land subjacent to the self-contained domestic establishment and such portion of any immediately contiguous land as can reasonably be regarded as contributing to the use and enjoyment of the self-contained domestic establishment as a residence) in Canada used by the eligible entity in the course of its ordinary activities. (bien admissible)
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qualifying rent expense, in respect of a qualifying property for an eligible entity for a qualifying period, means the amount determined by the formula A−B
where A
is the lesser of $75,000 and the total of all amounts paid — under a written agreement entered into before October 9, 2020, or pursuant to the renewal (on substantially similar terms) or assignment of a written agreement entered into before October 9, 2020 — in respect of the qualifying period by the eligible entity to a party with which the eligible entity deals at arm’s length, each of which is (a) rent for the use of, or right to use, the qualifying property, (i) including (A) gross rent, (B) rent based on a percentage of sales, profit or a similar criterion, (C) amounts required to be paid under a net lease by the eligible entity either to the lessor or a third party, as (I) base rent, (II) regular instalments of operating expenses, such as insurance, utilities and common area maintenance expenses, customarily charged to the lessee under a net lease, (III) property and similar taxes, including school and municipal taxes, and (IV) regular instalments of other amounts
payable to the lessor for services ancillary to the rental of real or immovable properties and customarily supplied or rendered in connection with the rental of real or immovable properties, and (D) amounts received by the lessor under
the Canada Emergency Commercial Rent Assistance program that were applied against rent payable in respect of the qualifying period, if those amounts would otherwise be required to be refunded to the eligible entity, and (ii) excluding (A) sales taxes, (B) amounts paid as, on account of, in lieu
of payment of or in satisfaction of, damages,
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(C) amounts paid under a guarantee, security or similar indemnity or covenant, (D) payments arising due to default under the agreement by the eligible entity, (E) interest amounts,
and
penalties
on
unpaid
(F) fees payable for discrete items or special
services, and (G) reconciliation
adjustment
payments,
and (b) in the case of qualifying property owned by
the eligible entity that is not used by the eligible entity primarily to earn rental income or, where the qualifying property is used primarily by the eligible entity to earn rental income directly or indirectly from a person or partnership not dealing at arm’s length with the eligible entity, that is not used by that person or partnership primarily to earn rental income, (i) if there is a debt obligation secured by a
mortgage or hypothec on the qualifying property, interest on the debt obligation to the extent that the amount of the debt obligation does not exceed the lesser of (A) the lowest total principal amount secured by one or more mortgages or hypothecs (provided the mortgage or hypothec has an amortization period) on the qualifying property at any time after it was acquired by the eligible entity (excluding any temporary period in the course of a refinancing transaction between the time when an existing mortgage is discharged and a new mortgage is registered), and (B) the cost amount of the qualifying property, (ii) amounts paid for insurance on the qualifying property, and (iii) property and similar taxes on the qualifying property, including school and municipal taxes; and B
is the total of all amounts, each of which is received or receivable by the eligible entity in respect of the qualifying period, either directly or indirectly, from a party with which the entity deals at arm’s length and is described in paragraph (a) of the description of A. (dépenses de loyer admissibles)
qualifying renter, for a qualifying period, means an eligible entity that meets the following conditions:
Chapter 13: An Act to amend the Income Tax Act (Canada Emergency Rent Subsidy and Canada Emergency Wage Subsidy) Income Tax Act Section 2
(a) it files an application with the Minister in respect
of the qualifying period in prescribed form and manner no later than 180 days after the end of the qualifying period; (b) the individual who has principal responsibility for the financial activities of the eligible entity attests that the application is complete and accurate in all material respects; and (c) it meets any of the following conditions: (i) it meets the condition in paragraph (d) of the
definition qualifying entity, (ii) it had a business number on September 27, 2020 and provides records and other information satisfactory to the Minister in support of its application, or (iii) it meets prescribed conditions. (locataire admissible) rent subsidy percentage, of an eligible entity for a qualifying period, means (a) if the qualifying period is described in any of paragraphs (c.5) to (c.7) of the definition qualifying period, (i) if the eligible entity’s revenue reduction percentage is greater than or equal to 70%, 65%, (ii) if the eligible entity’s revenue reduction percentage is greater than or equal to 50%, but less than 70%, the percentage determined by the formula 40% + (A − 50%) × 1.25
where A
is the eligible entity’s revenue reduction percentage, and
(iii) if the eligible entity’s revenue reduction percentage is less than 50%, the percentage determined by the formula 0.8 × B
where B
is the eligible entity’s revenue reduction percentage; and
(b) for a qualifying period referred to in paragraph (d)
of the definition qualifying period, a percentage determined by regulation in respect of the qualifying period. (pourcentage de subvention pour le loyer)
Chapter 13: An Act to amend the Income Tax Act (Canada Emergency Rent Subsidy and Canada Emergency Wage Subsidy) Income Tax Act Section 2
rent top-up percentage, of an eligible entity in respect of a qualifying property for a qualifying period, means the percentage determined by the formula A×B÷C
where A
is 25% or a prescribed percentage,
B
is the number of days in the qualifying period throughout which the qualifying property is subject to a public health restriction, and
C
is the number of days in the qualifying period. (pourcentage compensatoire pour le loyer)
(12) Section 125.7 of the Act is amended by adding
the following after subsection (2):
COVID-19 — rent subsidy (2.1) For a qualifying renter for a qualifying period referred to in any of paragraphs (c.5) to (d) of the definition qualifying period in subsection (1), an overpayment on account of the qualifying renter’s liability under this Part for the taxation year in which the qualifying period ends is deemed to have arisen during the qualifying period in an amount determined by the formula A+B
where A
is the amount determined by the formula C×D
where C
is the qualifying renter’s rent subsidy percentage for the qualifying period, and
D
is the lesser of (a) the total of all amounts, each of which is
the qualifying renter’s qualifying rent expense for a qualifying property for the qualifying period, and (b) the amount determined by the formula $300,000 × E
where E
is
Chapter 13: An Act to amend the Income Tax Act (Canada Emergency Rent Subsidy and Canada Emergency Wage Subsidy) Income Tax Act Section 2
(i) 100%, unless the qualifying renter is affiliated at any time in the qualifying period with one or more eligible entities that claims an amount under this subsection in respect of the qualifying period, (ii) a percentage assigned to the qualifying renter under an agreement, if (A) the agreement is entered into by the
qualifying renter and each eligible entity that (I) is affiliated with the qualifying renter in the qualifying period, and (II) claims an amount under this subsection in respect of the qualifying period, (B) the agreement is filed in prescribed form and manner with the Minister in respect of the qualifying period by the qualifying renter and each eligible entity referred to in clause (A) with their application for the qualifying period, (C) the agreement assigns, for the purposes of this subsection, a percentage in respect of each eligible entity referred to in clause (B) for the qualifying period, and (D) the total of all the percentages assigned under the agreement does not exceed 100%, and (iii) in any other case, nil; and B
is the total of all amounts, each of which is an amount in respect of a qualifying property for the qualifying period, determined by the formula F×G
where F
is (i) nil, unless the rent subsidy percentage of
the qualifying renter for the qualifying period is greater than 0%, and (ii) in any other case, the rent top-up percentage of the qualifying renter in respect of the qualifying property for the qualifying period, and G
is the qualifying rent expense of the qualifying renter in respect of the qualifying property for the qualifying period.
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(13) Subsection 125.7(3) of the Act is replaced by
the following: When assistance received (3) For the purposes of this Act other than this section, and for greater certainty, an amount that a qualifying entity or qualifying renter is deemed under subsection (2) or (2.1) to have overpaid is assistance received by it from a government immediately before the end of the qualifying period to which it relates.
(14) Paragraph 125.7(4)(c) of the Act is replaced
by the following: (c) if all of the interests in an eligible entity are owned
by participants in a joint venture and all or substantially all of the qualifying revenue of the eligible entity for a qualifying period is in respect of the joint venture, then the eligible entity may use the qualifying revenues of the joint venture (determined as if the joint venture were an eligible entity) as its qualifying revenues for the qualifying period for the purposes of this section; (15) The portion of paragraph 125.7(4)(d) of the Act before subparagraph (i) is replaced by the following: (d) if all or substantially all of an eligible entity’s qualifying revenue — determined without reference to paragraph (d) of the definition qualifying revenue in subsection (1) — for a qualifying period is from one or more particular persons or partnerships with which it does not deal at arm’s length and each particular person or partnership jointly elects with the eligible entity, for the purposes of this section
(16) Paragraph 125.7(4.1)(b) of the Act is replaced by the following: (b) immediately prior to the acquisition, the fair market value of the acquired assets constituted (i) all or substantially all of the fair market value of the property of the seller used in the course of carrying on business, or
Chapter 13: An Act to amend the Income Tax Act (Canada Emergency Rent Subsidy and Canada Emergency Wage Subsidy) Income Tax Act Section 2
(ii) if the seller and the eligible entity deal with each other at arm’s length, all or substantially all of the property of the seller that can reasonably be regarded as being necessary for the eligible entity to be capable of carrying on a business of the seller, or part of a business of the seller, as a business;
(17) Subsection 125.7(4.2) of the Act is amended
by striking out “and” at the end of paragraph (c), by adding “and” at the end of paragraph (d) and by adding the following after paragraph (d): (e) for the purposes of subparagraph (b)(i) of the definition prior reference period in subsection (1) and the description of C in subparagraph (c)(ii) of the definition qualifying entity in subsection (1), the eligible entity is deemed to have commenced carrying on the business in which the acquired assets are used at the earlier of (i) the date on which the eligible entity commenced
carrying on that business, and (ii) the date on which the seller commenced carrying on the business in which the acquired assets were used. (18) Paragraph 125.7(5)(a) of the Act is replaced by the following: (a) the amount of any deemed overpayment by an eligible entity under subsection (2) or (2.1) in respect of a qualifying period cannot exceed the amount claimed by the eligible entity — in the application referred to in paragraph (a) of the definition qualifying entity in subsection (1) or paragraph (a) of the definition qualifying renter in subsection (1) — in respect of that qualifying period; and (19) Subsection 125.7(6) of the Act is replaced by
the following: Anti-avoidance — qualifying revenues (6) Notwithstanding any other provision in this section,
the qualifying revenue of an eligible entity for a current reference period for a qualifying period is deemed to be equal to the qualifying revenue of the eligible entity for the relevant prior reference period, if (a) the eligible entity, or a person or partnership not dealing at arm’s length with the eligible entity, enters into a transaction or participates in an event (or a series of transactions or events) or takes an action (or fails to take an action) — other than, for greater
Chapter 13: An Act to amend the Income Tax Act (Canada Emergency Rent Subsidy and Canada Emergency Wage Subsidy) Income Tax Act Section 2
certainty, a decision under subparagraph (a)(ii) or (b)(ii) of the definition qualifying revenue in subsection (1) or the decision to use one of the methods of computing qualifying revenues under subsection (4) — that has the effect of (i) reducing the qualifying revenues (determined
without reference to this subsection) of the eligible entity for the current reference period, or (ii) increasing the qualifying rent expenses of the
eligible entity for the qualifying period; and (b) it is reasonable to conclude that one of the main purposes of the transaction, event, series or action in paragraph (a) is to (i) cause an eligible entity to qualify for the deemed
overpayment under subsection (2) in respect of that qualifying period, (ii) in respect of qualifying periods described in any of paragraphs (c.2) to (d) of the definition qualifying period in subsection (1), increase the amount of a deemed overpayment under subsection (2), or (iii) increase the amount of a deemed overpayment
under subsection (2.1).
(20) Paragraphs 125.7(7)(a) and (b) of the Act are replaced by the following: (a) for the purposes of subsections (2) and (2.1) and
subsections 152(3.4) and 160.1(1), to be a taxpayer; and (b) for the purposes of subsections (2) and (2.1), to
have a liability under this Part for a taxation year in which a qualifying period ends. (21) Subsection 125.7(8) of the Act is replaced by
the following: Prescribed amounts (8) The following may be prescribed for the purposes of: (a) the definition base percentage in subsection (1), (i) the percentages in subparagraphs (a)(i), (b)(i),
(c)(i), (d)(i), (e)(i) and (f)(i), and
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(ii) the factors in subparagraphs (a)(ii), (b)(ii), (c)(ii), (d)(ii), (e)(ii) and (f)(ii); (b) the definition rent subsidy percentage in subsection (1), the factors and percentages in paragraph (a) of that definition; and (c) the definition qualifying rent expense in subsection (1), specific, or classes of, expenses that are included or excluded as qualifying rent expenses under paragraph (a) or (b) of that definition.
(22) Section 125.7 of the Act is amended by adding
the following after subsection (9):
Amending or revoking elections (10) An eligible entity may amend or revoke an election
made under this section on or before the date that the application is due for the first qualifying period in respect of which the election is made.
Affiliated entities (11) For the purposes of the description of E in subsection (2.1), if two eligible entities are affiliated with the same eligible entity, they are deemed to be affiliated with each other. (23) Subsections (1) to (10) and (14) to (17) are
deemed to have come into force on April 11, 2020; however, the definition eligible employee in subsection 125.7(1) of the Income Tax Act, as amended by subsection (1), is to be read as follows in respect of applications made before the day on which this Act receives royal assent: eligible employee, of an eligible entity in respect of a week in a qualifying period, means an individual employed in Canada by the eligible entity in the qualifying period, other than, if the qualifying period is described in any of paragraphs (a) to (c.1) of the definition qualifying period, an individual who is without remuneration by the eligible entity in respect of 14 or more consecutive days in the qualifying period. (employé admissible) (24) Subsections (11) to (13) and (18) to (22) are
deemed to have come into force on September 27, 2020. 3 (1) Paragraph 152(1)(b) of the Act is replaced by the following:
Chapter 13: An Act to amend the Income Tax Act (Canada Emergency Rent Subsidy and Canada Emergency Wage Subsidy) Income Tax Act Sections 3-5
(b) the amount of tax, if any, deemed by subsection
120(2) or (2.2), 122.5(3) or (3.001), 122.51(2), 122.7(2) or (3), 122.8(4), 122.9(2), 122.91(1), 125.4(3), 125.5(3), 125.6(2), 125.7(2) or (2.1), 127.1(1), 127.41(3) or 210.2(3) or (4) to be paid on account of the taxpayer’s tax payable under this Part for the year. (2) Subsection 152(3.4) of the Act is replaced by
the following: COVID-19 — notice of determination (3.4) The Minister may at any time determine the amount deemed by subsection 125.7(2) or (2.1) to be an overpayment on account of a taxpayer’s liability under this Part that arose during a qualifying period (as defined in subsection 125.7(1)), or determine that there is no such amount, and send a notice of the determination to the taxpayer.
4 (1) Subparagraph 163(2)(i)(i) of the Act is replaced by the following: (i) the amount that would be deemed by subsection 125.7(2) or (2.1) to have been an overpayment by the person or partnership if that amount were calculated by reference to the information provided in the application filed pursuant to paragraph (a) of the definition qualifying entity in subsection 125.7(1) or paragraph (a) of the definition qualifying renter in subsection 125.7(1), as the case may be (2) Subsection 163(2.901) of the Act is replaced by the following:
Penalty — COVID-19 (2.901) Every eligible entity that is deemed by subsection 125.7(6) to have an amount of qualifying revenue — for a current reference period for a qualifying period — is liable to a penalty equal to 25% of the amount that would be deemed by subsection 125.7(2) or (2.1) to have been an overpayment by the eligible entity during that qualifying period if that amount were calculated by reference to the information provided in the application filed pursuant to paragraph (a) of the definition qualifying entity in subsection 125.7(1) or paragraph (a) of the definition qualifying renter in subsection 125.7(1), as the case may be.
5 Subsection 164(1.6) of the Act is replaced by the following:
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COVID-19 refunds (1.6) Notwithstanding subsection (2.01), at any time after the beginning of a taxation year of a taxpayer in which an overpayment is deemed to have arisen under subsection 125.7(2) or (2.1), the Minister may refund to the taxpayer all or any part of the overpayment. 6 Paragraph 241(4)(d) of the Act is amended by
adding the following after subparagraph (vii.9): (vii.10) to an official of a department or agency of a provincial government solely for the purposes of the administration and enforcement, or evaluation or formulation of policy, of a program that provides financial assistance in respect of rent or interest payments in the context of the coronavirus disease 2019 (COVID-19) pandemic,
Published under authority of the Speaker of the House of Commons 2020
Disponible sur le site Web de la Chambre des comm
|
Second Session, Forty-third Parliament, 69 Elizabeth II, 2020
STATUTES OF CANADA 2020
CHAPTER 12
An Act relating to certain measures in response to COVID-19
ASSENTED TO OCTOBER 2, 2020 BILL C-4
RECOMMENDATION Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act relating to certain measures in response to COVID-19”.
SUMMARY Part 1 enacts the Canada Recovery Benefits Act to authorize the payment of the Canada recovery benefit, the Canada recovery sickness benefit and the Canada recovery caregiving benefit to support Canada’s economic recovery in response to COVID-19. It also makes consequential amendments to the Income Tax Act and the Income Tax Regulations.
Part 2 amends the Canada Labour Code to, among other things, (a) amend the reasons for which an employee is entitled to take leave related to COVID-19, and the number of weeks of that leave that an employee may take for each of those reasons; and (b) give the Governor in Council the power, until September 25, 2021, to make regulations in certain circumstances to provide that any requirements or conditions, set out in certain provisions of Part III of that Act, respecting certificates issued by a health care practitioner do not apply and to provide for alternative requirements and conditions. This Part also makes related amendments to the COVID-19 Emergency Response Act to ensure that employees may continue to take leave related to COVID-19 until September 25, 2021. Finally, it makes related amendments to regulations and contains coordinating amendments. Part 3 amends the Public Health Events of National Concern Payments Act to limit, as of October 1, 2020, the payments that may be made out of the Consolidated Revenue Fund under that Act to those in respect of specified measures related to COVID-19, up to specified amounts. It also postpones the repeal of that Act until December 31, 2020.
i
TABLE OF PROVISIONS An Act relating to certain measures in response to COVID-19
Short Title 1
COVID-19 Response Measures Act
PART 1
Canada Recovery Benefits Act 2
Enactment of Act
An Act establishing the Canada recovery benefit, the Canada recovery sickness benefit and the Canada recovery caregiving benefit to support Canada’s economic recovery in response to COVID-19
Short Title 1
Canada Recovery Benefits Act
Definitions 2
Definitions
PART 1
Canada Recovery Benefit 3
Eligibility
Application
Attestation
Obligation to provide information
Payment of benefit
Amount of payment
Maximum number of two-week periods
PART 2
Canada Recovery Sickness Benefit
Eligibility
ii
Chapter 12: COVID-19 Response Measures Act TABLE OF PROVISIONS
Application
Attestation
Obligation to provide information
Payment of benefit
Amount of payment
Maximum number of weeks
PART 3
Canada Recovery Caregiving Benefit 17
Eligibility
Application
Attestation
Obligation to provide information
Payment of benefit
Amount of payment
Maximum number of weeks for a person
PART 4
General 24
Regulations
Social Insurance Number
Provision of information and documents
Payments cannot be charged, etc.
Return of erroneous payment or overpayment
Garnishment — financial institution
Reconsideration of application
Request for review
Certificate of default
Limitation or prescription period
Interest payable
Violations
Limitation of imposition of penalties
Rescission, etc., of penalty
Recovery as debt due to Her Majesty
Offences
Designation — investigators
Consolidated Revenue Fund
PART 5
Consequential Amendments 42
Income Tax Act
Income Tax Regulations
iv
Chapter 12: COVID-19 Response Measures Act TABLE OF PROVISIONS
PART 2
Canada Labour Code 3
PART 3
Public Health Events of National Concern Payments 10
SCHEDULE
v
69 ELIZABETH II
CHAPTER 12
An Act relating to certain measures in response to COVID-19 [Assented to 2nd October, 2020] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Short Title Short title 1 This Act may be cited as the COVID-19 Response Measures Act.
PART 1
Canada Recovery Benefits Act
Enactment of Act 2 The Canada Recovery Benefits Act is enacted
as follows: An Act establishing the Canada recovery benefit, the Canada recovery sickness benefit and the Canada recovery caregiving benefit to support Canada’s economic recovery in response to COVID-19
Short Title Short title 1 This Act may be cited as the Canada Recovery Benefits Act.
Chapter 12: COVID-19 Response Measures Act PART 1 Canada Recovery Benefits Act Section 2
Definitions Definitions 2 The following definitions apply in this Act.
COVID-19 means the coronavirus disease 2019. (COVID-19) Her Majesty means Her Majesty in right of Canada. (Sa Majesté) medical practitioner means a person who is entitled to practise medicine under the laws of a province. (médecin) Minister means the Minister of Employment and Social Development. (ministre) nurse practitioner means a registered nurse who, under the laws of a province, is entitled to practise as a nurse practitioner — or under an equivalent designation — and to autonomously make diagnoses, order and interpret diagnostic tests, prescribe substances and treat patients. (infirmier praticien) week means the period of seven consecutive days beginning on and including Sunday. (semaine)
PART 1
Canada Recovery Benefit Eligibility 3 (1) A person is eligible for a Canada recovery benefit
for any two-week period falling within the period beginning on September 27, 2020 and ending on September 25, 2021 if (a) they have a valid social insurance number; (b) they were at least 15 years of age on the first day of the two-week period; (c) they were resident and present in Canada during the two-week period; (d) in the case of an application made under section 4
in respect of a two-week period beginning in 2020, they had, for 2019 or in the 12-month period preceding the day on which they make the application, a total income of at least $5,000 from the following sources:
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(i) employment, (ii) self-employment, (iii) benefits paid to the person under any of subsections 22(1), 23(1), 152.04(1) and 152.05(1) of the Employment Insurance Act, (iv) allowances, money or other benefits paid to the person under a provincial plan because of pregnancy or in respect of the care by the person of one or more of their new-born children or one or more children placed with them for the purpose of adoption, and (v) any other source of income that is prescribed by
regulation; (e) in the case of an application made under section 4 in respect of a two-week period beginning in 2021, they had, for 2019 or for 2020 or in the 12-month period preceding the day on which they make the application, a total income of at least $5,000 from the sources referred to in subparagraphs (d)(i) to (v); (f) during the two-week period, for reasons related to COVID-19, other than for reasons referred to in subparagraph 17(1)(f)(i) and (ii), they were not employed or self-employed or they had a reduction of at least 50% or, if a lower percentage is fixed by regulation, that percentage, in their average weekly employment income or self-employment income for the two-week period relative to (i) in the case of an application made under section
4 in respect of a two-week period beginning in 2020, their total average weekly employment income and self-employment income for 2019 or in the 12month period preceding the day on which they make the application, and (ii) in the case of an application made under section 4 in respect of a two-week period beginning in 2021, their total average weekly employment income and self-employment income for 2019 or for 2020 or in the 12-month period preceding the day on which they make the application; (g) no benefit period, as defined in subsection 2(1) of
the Employment Insurance Act, was established or could have been established in respect of any week that falls within the two-week period; (h) no income referred to in any of the following subparagraphs was paid or was payable to the person in respect of any week that falls within the two-week period:
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(i) allowances, money or other benefits paid to the person under a provincial plan because of pregnancy or in respect of the care by the person of one or more of their new-born children or one or more children placed with them for the purpose of adoption, (ii) a Canada recovery sickness benefit or a Canada
recovery caregiving benefit, and (iii) any other income that is prescribed by regulation; (i) they sought work during the two-week period, whether as an employee or in self-employment; (j) they did not place undue restrictions on their availability for work during the two-week period, whether as an employee or in self-employment; (k) if they have not previously received any benefits
under this Part, they have not, (i) on or after September 27, 2020, quit their employment or voluntarily ceased to work, unless it was reasonable to do so, and (ii) in the two-week period in respect of which their application under section 4 relates and in any of the four two-week periods beginning on September 27, 2020 that are immediately before that two-week period (A) failed to return to their employment when it
was reasonable to do so if their employer had made a request, (B) failed to resume self-employment when it was reasonable to do so, or (C) declined a reasonable offer to work in respect of work that would have started during the two-week period; and (l) if they have previously received any benefits under this Part, they have not, (i) on or after the first day of the first two-week period for which any benefits were paid to them under this Part, quit their employment or voluntarily ceased to work, unless it was reasonable to do so, and (ii) in the two-week period in respect of which their application under section 4 relates and in any of the four two-week periods beginning on September 27,
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2020 that are immediately before that two-week period (A) failed to return to their employment when it was reasonable to do so if their employer had made a request, (B) failed to resume self-employment when it was reasonable to do so, or (C) declined a reasonable offer to work.
Income from self-employment (2) For the purpose of paragraphs (1)(d) to (f), income from self-employment is revenue from the self-employment less expenses incurred to earn that revenue.
Program of instruction or training (3) For the purpose of paragraph (1)(j), a person has not
placed undue restrictions on their availability for work if they attended during the two-week period a course or program of instruction or training that they were referred to by a provincial government or body.
Regulations (4) The Governor in Council may, by regulation, fix a lower percentage for the purpose of paragraph (1)(f).
Application 4 (1) A person may, in the form and manner established
by the Minister, apply for a Canada recovery benefit for any two-week period falling within the period beginning on September 27, 2020 and ending on September 25, 2021.
Limitation (2) No application is permitted to be made on any day
that is more than 60 days after the end of the two-week period to which the benefit relates.
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Attestation 5 (1) Subject to subsections (2) to (4), a person must, in their application, attest that they met each of the eligibility conditions referred to in paragraphs 3(1)(a) to (l).
Exception — paragraphs 3(1)(d) and (e) (2) A person is not required to attest to their income under paragraphs 3(1)(d) and (e) if they have previously received any benefit under this Act and they attest to that fact. Exception — paragraph 3(1)(k) (3) A person is not required to attest that they meet the
eligibility condition referred to in paragraph 3(1)(k) if they have previously received any benefit under this Part and they attest to that fact. Exception — paragraph 3(1)(l) (4) A person is not required to attest that they meet the eligibility condition referred to in paragraph 3(1)(l) if they have never previously received any benefit under this Part and they attest to that fact.
Obligation to provide information 6 An applicant must provide the Minister with any information that the Minister may require in respect of the application. Payment of benefit 7 The Minister must pay a Canada recovery benefit to a person who makes an application under section 4 and who is eligible for the benefit.
Amount of payment 8 (1) Subject to subsection (2), the amount of a Canada recovery benefit for a week is $500.
Repayment (2) If a person has income of more than $38,000 for 2020 or for 2021, the person must repay an amount equal to 50 cents for every dollar of income earned in that year above $38,000 of income, up to the total amount of Canada recovery benefits received by them in the year, which total amount is calculated without taking into account any erroneous payment or overpayment, and that amount constitutes a debt due to Her Majesty and the debt is payable and may be recovered by the Minister as of the balance-due day, as defined in subsection 248(1) of the Income Tax Act, for the year.
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Definition of income (3) In subsection (2), income, in respect of a person, means the amount that would be their income for 2020 or for 2021, determined under Part I of the Income Tax Act if no amount were (a) included in respect of amounts paid as benefits
under this Part; (b) deductible
under paragraphs 20(1)(ww) 60(v.1), (v.2), (w), (y) and (z) of that Act;
and
(c) included in respect of a gain from a disposition of property to which section 79 of that Act applies; or (d) included under paragraph 56(1)(q.1) or subsection 56(6) of that Act.
Application of Income Tax Act provisions (4) Sections 150, 150.1, 151, 152, 158 to 160.1, 161 and 161.3 to 167, Division J of Part I and sections 220 to 226, subsection 227(10), sections 239, 243 and 244 and subsections 248(7) and (11) of the Income Tax Act apply to subsection (2) with any modifications that the circumstances require, except that, in the application of those provisions, (a) “Act” is to be read as “subsection 8(2) of the
Canada Recovery Benefits Act”; (b) “taxpayer” is to be read as “person”; (c) “tax” and “taxes” are to be read as “amount to be repaid under subsection 8(2) of the Canada Recovery Benefits Act”; and (d) “under this Part” is to be read as “under subsection 8(2) of the Canada Recovery Benefits Act”.
Maximum number of two-week periods 9 (1) The maximum number of two-week periods in respect of which a Canada recovery benefit is payable to a person is 13 or, if another number of two-week periods is fixed by regulation, that number of two-week periods, minus one for every two weeks for which regular benefits, as defined in subsection 2(1) of the Employment Insurance Act, were received by the person during the period beginning on September 27, 2020 and ending on September 25, 2021 in respect of benefit periods, as defined in subsection 2(1) of that Act, that were established on or after September 27, 2020.
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Regulations (2) The Governor in Council may, by regulation, fix a number of two-week periods for the purpose of subsection (1).
Exception (3) Despite subsection (1), the maximum number of twoweek periods in respect of which a Canada recovery benefit is payable to a person is, for each time the person is not entitled to the benefit by reason of subparagraph 3(1)(k)(ii) or (l)(ii), the maximum number that it otherwise would be under subsection (1) and this subsection less the number five.
PART 2
Canada Recovery Sickness Benefit Eligibility 10 (1) A person is eligible for a Canada recovery sickness benefit for any week falling within the period beginning on September 27, 2020 and ending on September 25, 2021 if (a) they have a valid social insurance number; (b) they were at least 15 years of age on the first day of the week; (c) they were resident and present in Canada during
the week; (d) in the case of an application made under section
11 in respect of a week beginning in 2020, they had, for 2019 or in the 12-month period preceding the day on which they make the application, a total income of at least $5,000 from the following sources: (i) employment, (ii) self-employment, (iii) benefits paid to the person under any of subsections 22(1), 23(1), 152.04(1) and 152.05(1) of the Employment Insurance Act,
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(iv) allowances, money or other benefits paid to the person under a provincial plan because of pregnancy or in respect of the care by the person of one or more of their new-born children or one or more children placed with them for the purpose of adoption, and (v) any other source of income that is prescribed by
regulation; (e) in the case of an application made under section 11 in respect of a week beginning in 2021, they had, for 2019 or for 2020 or in the 12-month period preceding the day on which they make the application, a total income of at least $5,000 from the sources referred to in subparagraphs (d)(i) to (v); (f) they have as an employee been unable to work for at least 50% of the time they would have otherwise worked in the week, or they have as a self-employed person reduced the time devoted to their work by at least 50% of the time they would have otherwise worked in the week, because (i) they contracted or might have contracted
COVID-19, (ii) they have underlying conditions, are undergoing treatments or have contracted other sicknesses that, in the opinion of a medical practitioner, nurse practitioner, person in authority, government or public health authority, would make them more susceptible to COVID-19, or (iii) they isolated themselves on the advice of their
employer, a medical practitioner, nurse practitioner, person in authority, government or public health authority for reasons related to COVID-19; (g) no income referred to in any of the following subparagraphs was paid or was payable to the person in respect of the week: (i) benefits, as defined in subsection 2(1) of the Employment Insurance Act, (ii) allowances, money or other benefits paid to the person under a provincial plan because of pregnancy or in respect of the care by the person of one or more of their new-born children or one or more children placed with them for the purpose of adoption, (iii) a Canada recovery benefit or a Canada recovery caregiving benefit, and
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(iv) any other income that is prescribed by regulation; and (h) they have not, in respect of the week, been granted
paid leave or been paid under a sickness benefit plan. Income from self-employment (2) For the purpose of paragraphs (1)(d) and (e), income
from self-employment is revenue from the self-employment less expenses incurred to earn that revenue. Application 11 (1) A person may, in the form and manner established by the Minister, apply for a Canada recovery sickness benefit for any week falling within the period beginning on September 27, 2020 and ending on September 25, 2021.
Limitation (2) No application is permitted to be made on any day that is more than 60 days after the end of the week to which the benefit relates.
Attestation 12 (1) Subject to subsection (2), a person must, in their
application, attest that they meet each of the eligibility conditions referred to in paragraphs 10(1)(a) to (h). Exception — paragraphs 10(1)(d) and (e) (2) A person is not required to attest to their income under paragraphs 10(1)(d) and (e) if they have previously received any benefit under this Act and they attest to that fact. Obligation to provide information 13 An applicant must provide the Minister with any information that the Minister may require in respect of the application.
Payment of benefit 14 The Minister must pay a Canada recovery sickness
benefit to a person who makes an application under section 11 and who is eligible for the benefit.
Amount of payment 15 The amount of a Canada recovery sickness benefit for a week is $500.
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Maximum number of weeks 16 (1) The maximum number of weeks in respect of
which a Canada recovery sickness benefit is payable to a person is two or, if another maximum number of weeks is fixed by regulation, that maximum number.
Regulations (2) The Governor in Council may, by regulation, fix a maximum number of weeks for the purpose of subsection (1).
PART 3
Canada Recovery Caregiving Benefit Eligibility 17 (1) A person is eligible for a Canada recovery caregiving benefit for any week falling within the period beginning on September 27, 2020 and ending on September 25, 2021 if (a) they have a valid social insurance number; (b) they were at least 15 years of age on the first day of the week; (c) they were resident and present in Canada during
the week; (d) in the case of an application made under section
18 in respect of a week beginning in 2020, they had, for 2019 or in the 12-month period preceding the day on which they make the application, a total income of at least $5,000 from the following sources: (i) employment, (ii) self-employment, (iii) benefits paid to the person under any of subsections 22(1), 23(1), 152.04(1) and 152.05(1) of the Employment Insurance Act, (iv) allowances, money or other benefits paid to the person under a provincial plan because of pregnancy or in respect of the care by the person of one or more of their new-born children or one or more children placed with them for the purpose of adoption, and
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(v) any other source of income that is prescribed by
regulation; (e) in the case of an application made under section 18 in respect of a week beginning in 2021, they had, for 2019 or for 2020 or in the 12-month period preceding the day on which they make the application, a total income of at least $5,000 from the sources referred to in subparagraphs (d)(i) to (v); (f) they have, as an employee, been unable to work for at least 50% of the time they would have otherwise worked in that week — or they have, as a self-employed person, reduced the time devoted to their work as a self-employed person by at least 50% of the time they would have otherwise worked in that week — because (i) they cared for a child who was under 12 years of age on the first day of the week because (A) the school or other facility that the child normally attended was, for reasons related to COVID-19, closed, open only at certain times or open only for certain children, (B) the child could not attend the school or other facility because (I) the child contracted or might have contracted COVID-19, (II) the child was in isolation on the advice of a medical practitioner, nurse practitioner, person in authority, government or public health authority for reasons related to COVID-19, or (lll) the child would, in the opinion of a medical practitioner or nurse practitioner, be at risk of having serious health complications if the child contracted COVID-19, or (C) the person who usually cared for the child
was not available for reasons related to COVID-19, or (ii) they cared for a family member who requires supervised care because (A) the day program or facility that the family
member normally attended was, for reasons related to COVID-19, unavailable or closed, available or open only at certain times or available or open only for certain persons,
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(B) the family member could not attend the day
program or facility because (I) the family member contracted or might
have contracted COVID-19, (II) the family member was in isolation on the advice of their employer, a medical practitioner, nurse practitioner, person in authority, government or public health authority for reasons related to COVID-19, or (lll) the family member would, in the opinion
of a medical practitioner or nurse practitioner, be at risk of having serious health complications if the family member contracted COVID-19, or (C) the care services that are normally provided to the family member at their place of residence were not available for reasons related to COVID-19; (g) no income referred to in any of the following subparagraphs was paid or was payable to the person in respect of the week: (i) benefits, as defined in subsection 2(1) of the Employment Insurance Act, (ii) allowances, money or other benefits paid to the person under a provincial plan because of pregnancy or in respect of the care by the person of one or more of their new-born children or one or more children placed with them for the purpose of adoption, (iii) a Canada recovery benefit or a Canada recovery sickness benefit, and (iv) any other income that is prescribed by regulation; and (h) they have not, in respect of the week, been granted
paid leave or been paid under a plan that provides for payment for the care or support of another person.
Income from self-employment (2) For the purpose of paragraphs (1)(d) and (e), income
from self-employment is revenue from the self-employment less expenses incurred to earn that revenue.
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Definition of family member (3) In subsection (1), family member, in respect of a person, includes anyone whom the person considers to be like a close relative or who considers the person to be like a close relative.
Application 18 (1) A person may, in the form and manner established by the Minister, apply for a Canada recovery caregiving benefit for any week falling within the period beginning on September 27, 2020 and ending on September 25, 2021.
Limitation (2) No application is permitted to be made on any day
that is more than 60 days after the end of the week to which the benefit relates. Attestation 19 (1) Subject to subsection (2), a person must, in their
application, attest that they meet each of the eligibility conditions referred to in paragraphs 17(1)(a) to (h). Exception — paragraphs 17(1)(d) and (e) (2) A person is not required to attest to their income under paragraphs 17(1)(d) and (e) if they have previously received any benefit under this Act and they attest to that fact.
Obligation to provide information 20 An applicant must provide the Minister with any information that the Minister may require in respect of the application.
Payment of benefit 21 The Minister must pay a Canada recovery caregiving
benefit to a person who makes an application under section 18 and who is eligible for the benefit.
Amount of payment 22 The amount of a Canada recovery caregiving benefit for a week is $500.
Maximum number of weeks for a person 23 (1) Subject to subsection (2), the maximum number
of weeks in respect of which a Canada recovery caregiving benefit is payable to a person is 26 or, if another maximum number of weeks is fixed by regulation, that maximum number.
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Maximum number of weeks for household members (2) The maximum number of weeks in respect of which a Canada recovery caregiving benefit is payable to all of the persons residing in the same household is 26 or, if another maximum number of weeks is fixed for the purpose of subsection (1), that maximum number.
One member per week (3) If two or more persons reside in the same household, only one of them may be paid a Canada recovery caregiving benefit for any particular week.
Regulations (4) The Governor in Council may, by regulation, fix a
maximum number of weeks for the purpose of subsection (1).
PART 4
General Regulations 24 The Governor in Council may, by regulation, prescribe (a) any other source of income for the purposes of subparagraphs 3(1)(d)(v), 10(1)(d)(v) and 17(1)(d)(v); and (b) any other income for the purposes of subparagraphs 3(1)(h)(iii), 10(1)(g)(iv) and 17(1)(g)(iv). Social Insurance Number 25 The Minister is authorized to collect and use, for the purposes of the administration and enforcement of this Act, the Social Insurance Number of a person who makes an application for a benefit under this Act.
Provision of information and documents 26 (1) The Minister may, for any purpose related to verifying compliance or preventing non-compliance with this Act, by a notice served personally or by a confirmed delivery service, require that any person provide any information or document within the reasonable time that is stated in the notice.
Obligation to appear (2) The Minister may, for any purpose related to verifying compliance or preventing non-compliance with this Act, require a person who is applying for a benefit under this Act, or who has received a benefit under this Act, to be at a suitable place — or to be available by
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audioconference or videoconference or in any other suitable manner — at a suitable time in order to provide any information or any document about their application for the benefit that the Minister may require in respect of the application. Entitlement to benefits (3) A person who fails to fulfil or comply with a requirement under subsection (1) or (2) is not eligible for a benefit under this Act in respect of the period to which the application relates. Payments cannot be charged, etc. 27 A benefit under this Act (a) is not subject to the operation of any law relating to bankruptcy or insolvency; (b) cannot be assigned, charged, attached or given as security; (c) cannot be retained by way of deduction, set-off or
compensation under any Act of Parliament other than this Act; and (d) is not garnishable moneys for the purposes of the
Family Orders and Agreements Enforcement Assistance Act. Return of erroneous payment or overpayment 28 (1) If the Minister determines that a person has received a benefit under this Act to which they are not entitled, or an amount in excess of the amount of a benefit under this Act to which they are entitled, the person must repay the amount of the payment or the excess amount, as the case may be, as soon as is feasible. Recovery as a debt to Her Majesty (2) The amount of the erroneous payment or overpayment, as determined by the Minister, constitutes a debt due to Her Majesty as of the day on which the amount was paid and the debt is payable and may be recovered by the Minister as of the day the Minister determined the amount of the erroneous payment or overpayment. Garnishment — financial institution 29 (1) The Minister may, by a notice served personally
or by a confirmed delivery service, order a financial institution, as defined in section 2 of the Bank Act, that holds or maintains a deposit account for a person who is indebted to Her Majesty under this Act to pay to the Receiver General from the deposit account all or part of the amount in respect of which the person is indebted to Her
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Majesty under this Act on account of the person’s liability to Her Majesty. Garnishment — employer (2) The Minister may, by a notice served personally or by
a confirmed delivery service, order the employer of a person who is indebted to Her Majesty under this Act to pay to the Receiver General from the remuneration that would be otherwise payable by the employer to the person all or part of the amount in respect of which the person is indebted to Her Majesty under this Act on account of the person’s liability to Her Majesty. Debt to Her Majesty (3) An amount not paid as required by a notice under subsection (1) or (2) is (a) if a day is specified in the notice as being the day on which the amount is to be paid, a debt due to Her Majesty as of the day after the day specified in the notice and the debt is payable and may be recovered by the Minister as of the day after the day specified in the notice; or (b) if no day is specified in the notice as being the day on which the amount is to be paid, a debt due to Her Majesty as of the day after the day the notice is served and the debt is payable and may be recovered by the Minister as of the day after the day the notice is served.
Discharge of liability (4) The receipt of the Receiver General of money paid as
required under subsection (1) or (2) is a good and sufficient discharge of the original liability of the person to the extent of the payment. Reconsideration of application 30 (1) Subject to subsection (5), the Minister may reconsider an application for benefits under this Act within 36 months after the benefits have been paid.
Decision (2) If the Minister decides that a person has received money by way of benefits under this Act to which they were not entitled, or has not received money to which they were entitled, the Minister must calculate the amount of the money and notify the person of the Minister’s decision.
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Amount repayable (3) Section 28 applies if the Minister decides that a person has received money by way of benefits to which they were not entitled. Amount payable (4) If the Minister decides that a person was entitled to
receive money by way of benefits under this Act, and the money was not paid, the amount calculated under subsection (2) is payable to the person.
Extended time to reconsider claim (5) If, in the opinion of the Minister, a false or misleading statement or representation has been made in connection with an application for benefits under this Act, the Minister has 72 months within which to reconsider the application. Request for review 31 (1) A person who is the subject of a decision of the
Minister made under this Act may make a request, in the form and manner established by the Minister, to the Minister for a review of that decision at any time within 30 days after the day on which they are notified of the decision or any further time that the Minister may allow.
Clarification (2) For the purpose of this section, a decision of the Minister includes the issuance of an order under subsection 29(1) or (2) and the person to whom the order is served and the person who would not be paid an amount as the result of the issuance of the order are each deemed to be a person who is the subject of a decision of the Minister.
Review (3) The Minister must review the decision if a request for its review is made under subsection (1). On completion of the review, the Minister must confirm, vary or rescind the decision.
Notification (4) The Minister must notify the person who made the request of the Minister’s decision under subsection (3).
Certificate of default 32 The amount of any debt due to Her Majesty under
this Act may be certified by the Minister, and registration of the certificate in the Federal Court has the same effect as a judgment of that Court for the amount specified in the certificate and all related registration costs.
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Limitation or prescription period 33 (1) Subject to subsections (2) to (7), no action or proceedings are to be taken to recover money owing under this Act after the expiry of the six-year limitation or prescription period that begins on the day on which the money becomes payable.
Deduction, set-off or compensation (2) Money owing by a person under this Act may be recovered at any time by way of deduction from, set-off against or compensation against any sum of money, including any benefit under this Act, that may be payable by Her Majesty to the person, other than an amount payable under section 122.61 of the Income Tax Act.
Acknowledgment of liability (3) If a person’s liability for money owing under this Act
is acknowledged in accordance with subsection (5), the time during which the limitation or prescription period has run before the acknowledgment does not count in the calculation of that period. Acknowledgment after expiry of limitation or prescription period (4) If a person’s liability for money owing under this Act
is acknowledged in accordance with subsection (5) after the expiry of the limitation or prescription period, an action or proceedings to recover the money may, subject to subsections (3) and (6), be brought within six years after the date of the acknowledgment.
Types of acknowledgment (5) An acknowledgment of liability means (a) a promise to pay the money owing, made by the
person or their agent or mandatary or other representative; (b) an acknowledgment of the money owing, made by the person or their agent or mandatary or other representative, whether or not a promise to pay can be implied from it and whether or not it contains a refusal to pay; (c) a part payment by the person or their agent or mandatary or other representative of any money owing; or (d) an acknowledgment of the money owing, made in
the course of proceedings under the Bankruptcy and Insolvency Act or any other legislation dealing with the payment of debts, by the person, their agent or
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mandatary or other representative or the trustee or administrator. Limitation or prescription period suspended (6) The running of a limitation or prescription period in respect of money owing under this Act is suspended (a) during any period in which it is prohibited to commence or continue an action or other proceedings against the person to recover money owing under this Act; or (b) during any period in which any review of a decision establishing the liability in respect of money owing under this Act is pending.
Enforcement proceedings (7) This section does not apply in respect of an action or proceedings relating to the execution, renewal or enforcement of a judgment.
Interest payable 34 (1) Interest is payable on any debt due to Her
Majesty under subsection 8(2). No interest payable (2) No interest is payable on any debt due to Her Majesty under subsection 29(3), under section 38 and under any provision of this Act as a result of an erroneous payment or overpayment.
Violations 35 (1) A person commits a violation if they (a) knowingly make, in relation to an application for a
benefit under this Act, a representation that is false or misleading; or (b) make an application for, and receive, a benefit under this Act knowing that they are not eligible to receive it.
Penalty (2) The Minister may impose a penalty on a person if the Minister is of the opinion that the person has committed a violation.
Amount of penalty (3) The Minister may set the amount of the penalty for
each violation at not more than 50% of the benefit that was or would have been paid as a result of committing the violation.
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Maximum (4) The maximum amount of all penalties that may be
imposed on a particular person under this section is $5,000. For greater certainty (5) For greater certainty, no penalty may be imposed on a person if they mistakenly believe that a representation is true or that they were eligible to receive the benefit, as the case may be.
Purpose of penalty (6) The purpose of a penalty is to promote compliance with this Act and not to punish.
Limitation of imposition of penalties 36 A penalty must not be imposed under section 35 if (a) a prosecution for the act that would constitute the
violation has been instituted against the person; or (b) more than three years have passed after the day on which that act occurred.
Rescission, etc., of penalty 37 The Minister may rescind the imposition of a penalty
under section 35, or reduce the penalty, on the presentation of new facts or on being of the opinion that the penalty was imposed without knowledge of, or on the basis of a mistake as to, some material fact. Recovery as debt due to Her Majesty 38 A penalty imposed under section 35 constitutes a debt due to Her Majesty and the debt is payable and may be recovered by the Minister as of the day on which the penalty is imposed.
Offences 39 (1) Every person commits an offence who (a) for the purpose of obtaining a benefit for themselves under this Act, knowingly uses false identity information or another person’s identity information; (b) with intent to steal all or a substantial part of another person’s benefit under this Act, counsels that person to apply for the benefit; or (c) knowingly makes, in relation to one or more applications under this Act, three or more representations that are false or misleading, if the total amount of the benefits that were or would have been paid as a result of the applications is at least $5,000.
Chapter 12: COVID-19 Response Measures Act PART 1 Canada Recovery Benefits Act Section 2
For greater certainty (2) For greater certainty, a person does not commit an offence under paragraph (1)(a) in relation to false identity information if they mistakenly believe that the identity information is not false and does not commit an offence under paragraph (1)(c) if they mistakenly believe that the representations are true.
Prosecution (3) No prosecution for an offence under this section may
be instituted if a penalty for the act that would constitute the offence has been imposed under section 35. Punishment (4) Every person who is guilty of an offence under subsection (1) is liable on summary conviction to a fine of not more than the sum of $5,000 plus an amount of not more than double the amount of the benefit that was or would have been paid as a result of committing the offence, to imprisonment for a term of not more than six months, or to both. Definition of identity information (5) In paragraph (1)(a), identity information has the
same meaning as in section 402.1 of the Criminal Code. Designation — investigators 40 (1) The Minister may designate as an investigator any person or class of persons for the purpose of enforcing section 39.
Authorization (2) The Minister may authorize the Commissioner, as defined in section 2 of the Canada Revenue Agency Act, to designate as an investigator any employee or class of employees of the Agency, as defined in that section 2, for the purpose of enforcing section 39.
Limitation period (3) Proceedings in respect of an offence under this Act
may be instituted at any time within, but not later than, five years after the day on which the Minister became aware of the subject matter of the prosecution. Consolidated Revenue Fund 41 All money required to do anything in relation to this
Act, including all money required by the Minister to administer and enforce this Act or by the Agency, as
Chapter 12: COVID-19 Response Measures Act PART 1 Canada Recovery Benefits Act Section 2
defined in section 2 of the Canada Revenue Agency Act, to administer and enforce this Act on behalf of the Minister, may, until March 31, 2024, be paid out of the Consolidated Revenue Fund.
PART 5
Consequential Amendments R.S., c. 1 (5th Supp.)
Income Tax Act 42 (1) The portion of paragraph 60(n) of the Income Tax Act before subparagraph (i) is replaced by the following:
Repayment of pension or benefits (n) any amount paid by the taxpayer in the year as a
repayment (otherwise than because of Part VII of the Unemployment Insurance Act, chapter U-1 of the Revised Statutes of Canada, 1985, Part VII of the Employment Insurance Act or section 8 of the Canada Recovery Benefits Act) of any of the following amounts to the extent that the amount was included in computing the taxpayer’s income, and not deducted in computing the taxpayer’s taxable income, for the year or for a preceding taxation year, namely, (2) Section 60 of the Act is amended by adding the
following after paragraph (v.1): Canada Recovery Benefit Repayment (v.2) any benefit repayment payable by the taxpayer under section 8 of the Canada Recovery Benefits Act on or before the taxpayer’s balance-due day for the taxation year, to the extent that the amount was not deductible in computing the taxpayer’s income for any preceding taxation year;
(3) Subsections (1) and (2) come into force or are deemed to have come into force on September 27, 2020. 43 Paragraph 241(4)(d) of the Act is amended by
adding the following after subparagraph (vii.6): (vii.7) to an official solely for the purposes of the administration and enforcement of the Canada
Chapter 12: COVID-19 Response Measures Act PART 1 Canada Recovery Benefits Act Section 2
Recovery Benefits Act or the evaluation or formulation of policy for that Act, (vii.8) to an official, if the taxpayer information is taxpayer information of an individual who has made an application under the Canada Recovery Benefits Act, solely for the purposes of the evaluation or formulation of policy for a program administered and enforced by (A) the Minister of Employment and Social Development, (B) the Minister of Labour, or (C) the Canada Employment Insurance Commission, (vii.9) to an official of a department or agency of the Government of Canada or of a provincial government (or to an individual who occupies a similar position in connection with an Aboriginal government) as to the name, Social Insurance Number, date of birth, address, telephone number, email address or occupation of an individual who has made an application under the Canada Recovery Benefits Act, solely for the purposes of (A) the administration and enforcement of employment benefits and supports and social assistance programs established by a department or agency of the Government of Canada, the government of a province or an Aboriginal government, or (B) the evaluation or formulation of policy of a program established by a department or agency of the Government of Canada, the government of a province or an Aboriginal government,
C.R.C., c. 945
Income Tax Regulations 44 (1) The portion of subsection 103(4) of the Income Tax Regulations before paragraph (a) is replaced by the following: (4) Subject to subsections (4.1) and (5), where a lump sum payment is made by an employer to an employee who is a resident of Canada, (2) Section 103 of the Regulations is amended by
adding the following after subsection (4):
Chapter 12: COVID-19 Response Measures Act PART 1 Canada Recovery Benefits Act Sections 2-3
(4.1) For the purposes of a lump sum payment described in paragraph (6)(h), subsection (4) is to be read without reference to its paragraphs (b) and (c) and the portion of subsection (4) before subparagraph (a)(i) is to be read as follows: (4) Where a lump sum payment is made by an employer
to an employee, (a) the employer shall deduct or withhold therefrom, in the case of an employee who reports for work at an establishment of the employer (3) Subsection
103(6) of the Regulations is amended by striking out “or” at the end of paragraph (f), by adding “or” at the end of paragraph (g) and by adding the following after paragraph (g): (h) a payment made under the Canada Recovery Benefits Act. (4) Subsections (1) to (3) come into force or are deemed to have come into force on September 27, 2020.
PART 2 R.S., c. L-2
Canada Labour Code Amendments to the Act 3 (1) Subsection 239.01(1) of the Canada Labour Code is replaced by the following:
Entitlement to leave 239.01 (1) Subject to subsection (2), every employee is
entitled to and shall be granted a leave of absence from employment of (a) up to two weeks — or, if another number of weeks
is fixed by regulation, that number of weeks — if the employee is unable to work because (i) they contracted or might have contracted
COVID-19, (ii) they have underlying conditions, are undergoing treatments or have contracted other sicknesses that, in the opinion of a medical practitioner, nurse practitioner, person in authority, government or public health authority, would make them more susceptible to COVID-19, or
Chapter 12: COVID-19 Response Measures Act PART 2 Canada Labour Code Amendments to the Act Section 3
(iii) they have isolated themselves on the advice of
their employer, a medical practitioner, nurse practitioner, person in authority, government or public health authority for reasons related to COVID-19; and (b) subject to subsection (1.2), up to 26 weeks — or, if
another number of weeks is fixed by regulation, that number of weeks — if the employee is unable to work because (i) they must care for a child who is under 12 years of age on the first day of the period of leave because (A) the school or other facility that the child normally attends is, for reasons related to COVID-19, closed, open only at certain times or open only for certain children, (B) the child cannot attend the school or other
facility because (I) the child contracted or might have contracted COVID-19, (II) the child is in isolation on the advice of a medical practitioner, nurse practitioner, person in authority, government or public health authority for reasons related to COVID-19, or (III) the child would, in the opinion of a medical practitioner or nurse practitioner, be at risk of having serious health complications if the child contracted COVID-19, or (C) the person who usually cares for the child is not available for reasons related to COVID-19, or (ii) they must care for a family member who requires supervised care because (A) the day program or facility that the family member normally attends is, for reasons related to COVID-19, unavailable or closed, available or open only at certain times or available or open only for certain persons, (B) the family member cannot attend the day
program or facility because (I) the family member contracted or might
have contracted COVID-19, (II) the family member is in isolation on the advice of their employer, a medical practitioner, nurse practitioner, person in authority,
Chapter 12: COVID-19 Response Measures Act PART 2 Canada Labour Code Amendments to the Act Section 3
government or public health authority for reasons related to COVID-19, or (III) the family member would, in the opinion
of a medical practitioner or nurse practitioner, be at risk of having serious health complications if the family member contracted COVID-19, or (C) the care services that are normally provided to the family member at their place of residence are not available for reasons related to COVID-19.
Definitions (1.1) The following definitions apply in subsection (1).
COVID-19 means the coronavirus disease 2019. (COVID-19) family member, in respect of a person, includes anyone whom the person considers to be like a close relative or who considers the person to be like a close relative. (membre de la famille) medical practitioner means a person who is entitled to practise medicine under the laws of a province. (médecin) nurse practitioner means a registered nurse who, under the laws of a province, is entitled to practise as a nurse practitioner — or under an equivalent designation — and to autonomously make diagnoses, order and interpret diagnostic tests, prescribe substances and treat patients. (infirmier praticien) Aggregate leave — paragraph (1)(b) (1.2) Subject to subsection (1.4), the aggregate amount
of leave that an employee may take under paragraph (1)(b) is not to exceed 26 weeks or, if another number of weeks is fixed for the purposes of that paragraph, that number of weeks.
Clarification (1.3) For greater certainty, any period of leave taken by
an employee under subsection (1), as it read on September 30, 2020, does not count towards the aggregate amount of leave referred to in subsection (1.2).
Chapter 12: COVID-19 Response Measures Act PART 2 Canada Labour Code Amendments to the Act Sections 3-5
Aggregate leave — more than one employee (1.4) The aggregate amount of leave that may be taken under paragraph (1)(b) by two or more employees who reside in the same household is not to exceed 26 weeks or, if another number of weeks is fixed for the purposes of that paragraph, that number of weeks.
Division of leave (1.5) The leave of absence may be taken in one or more
periods. The employer may require that each period of leave be not less than one day’s duration. Limitation (1.6) If two or more employees reside in the same household, only one of them may take a leave of absence under paragraph (1)(b) during any particular period. (2) Paragraph 239.01(13)(b) of the Act is replaced by the following: (b) fix a number of weeks for the purposes of paragraph (1)(a) or (b). 4 (1) Subsection 264(1) of the Act is amended by striking out “and” at the end of paragraph (j.4) and by adding the following after paragraph (j.4): (j.5) if the Governor in Council is satisfied that doing so is necessary to reduce the strain on the health care system or any burden on employees, providing that any requirement or condition set out in any of subsections 181.1(2) and 204(2), sections 205.1 and 205.2 and subsections 206(1), 206.3(2), 206.4(2) and (2.1), 207.2(4) and 239(2) respecting a certificate issued by a health care practitioner does not apply, and providing for alternative requirements and conditions; and (2) Subsection 264(1) of the Act is amended by
adding “and” at the end of paragraph (j.4) and by repealing paragraph (j.5).
Related Amendments 2020, c. 5
COVID-19 Emergency Response Act 5 Section 46 of the COVID-19 Emergency Response Act is replaced by the following: September 25, 2021 46 (1) Subsections 37(5), 39(7), 40(5) and 42(2)
come into force on September 25, 2021.
Chapter 12: COVID-19 Response Measures Act PART 2 Canada Labour Code Related Amendments COVID-19 Emergency Response Act Sections 5-8
September 26, 2021 (2) Subsections 37(2) and (3), 38(2), 39(2), (4) and (5) and 40(2) and (3), section 41 and subsection 43(2) come into force on September 26, 2021. C.R.C., c. 986
Canada Labour Standards Regulations 6 Section 33.1 of the Canada Labour Standards
Regulations and the heading before it are repealed. SOR/2020-166
Regulations Amending the Canada Labour Standards Regulations 7 The Regulations Amending the Canada Labour Standards Regulations are repealed.
Coordinating Amendments 8 (1) If this Act receives royal assent on October
1, 2020, then (a) section 5 and subsection 9(2) of this Act are deemed to have produced their effects before section 46 of the COVID-19 Emergency Response Act, as it read on September 30, 2020, produces its effects; (b) subsection 9(1) of this Act is deemed never to have come into force and is repealed; and (c) section 9 of this Act is amended by adding the following before subsection (2):
September 30, 2020 (1.1) Sections 6 and 7 are deemed to have come
into force on September 30, 2020. (2) If this Act receives royal assent after October 1, 2020, then (a) section 3, section 5 and the headings before it, section 6 and the heading before it, section 7 and the heading before it and subsections 9(1) and (2) of this Act are deemed never to have come into force and are repealed; (b) this Act is amended by adding the following after section 4:
Chapter 12: COVID-19 Response Measures Act PART 2 Canada Labour Code Coordinating Amendments Section 8
4.1 (1) Subsection 187.1(1) of the Act is replaced by the following:
Interruption 187.1 (1) An employee may interrupt a vacation granted to them under this Division in order to permit them to take a leave of absence under Division VII or VIII or section 247.5 or to be absent due to a reason referred to in subsection 239(1) or (1.1), 239.01(1) or 239.1(1).
(2) Subsection 187.1(1) of the Act is replaced by
the following: Interruption 187.1 (1) An employee may interrupt a vacation granted to them under this Division in order to permit them to take a leave of absence under Division VII or VIII or section 247.5 or to be absent due to a reason referred to in subsection 239(1) or (1.1) or 239.1(1). (3) Section 187.1 of the Act is amended by adding the following after subsection (3):
Application of subsection 239.01(13) (3.1) If an employee interrupts a vacation to be absent due to a reason referred to in subsection 239.01(1) and resumes the vacation immediately at the end of that leave, subsection 239.01(13) applies to them as if they did not resume the vacation before returning to work.
(4) Subsection 187.1(3.1) of the Act is repealed.
4.2 (1) Subsection 187.2(1) of the Act is replaced by the following:
Postponement 187.2 (1) Despite paragraph 185(a) or any term or condition of employment, an employee may postpone their vacation until after the day on which a leave of absence taken under Division VII or VIII or section 247.5, or an absence due to a reason referred to in subsection 239(1) or (1.1), 239.01(1) or 239.1(1), ends. (2) Subsection 187.2(1) of the Act is replaced by
the following:
Chapter 12: COVID-19 Response Measures Act PART 2 Canada Labour Code Coordinating Amendments Section 8
Postponement 187.2 (1) Despite paragraph 185(a) or any term or condition of employment, an employee may postpone their vacation until after the day on which a leave of absence taken under Division VII or VIII or section 247.5, or an absence due to a reason referred to in subsection 239(1) or (1.1) or 239.1(1), ends. 4.3 (1) Subsection 206.1(2.1) of the Act is replaced by the following:
Extension of period (2.1) The period referred to in subsection (2) is extended
by the number of weeks during which the employee is on leave under any of sections 206.3 to 206.5 and 206.9, is absent due to a reason referred to in subsection 239(1) or (1.1), 239.01(1) or 239.1(1) or is on leave under any of paragraphs 247.5(1)(a), (b) and (d) to (g). (2) Subsection 206.1(2.1) of the Act is replaced by
the following: Extension of period (2.1) The period referred to in subsection (2) is extended
by the number of weeks during which the employee is on leave under any of sections 206.3 to 206.5 and 206.9, is absent due to a reason referred to in subsection 239(1) or (1.1) or 239.1(1) or is on leave under any of paragraphs 247.5(1)(a), (b) and (d) to (g). (3) Subsection 206.1(2.4) of the Act is replaced by
the following: Interruption (2.4) The employee may interrupt the leave referred to
in subsection (1) in order to permit the employee to take leave under any of sections 206.3 to 206.5 and 206.9, to be absent due to a reason referred to in subsection 239(1) or (1.1), 239.01(1) or 239.1(1) or to take leave under any of paragraphs 247.5(1)(a), (b) and (d) to (g). (4) Subsection 206.1(2.4) of the Act is replaced by
the following: Interruption (2.4) The employee may interrupt the leave referred to
in subsection (1) in order to permit the employee to take leave under any of sections 206.3 to 206.5 and 206.9, to be absent due to a reason referred to in subsection 239(1) or (1.1) or 239.1(1) or to take leave under any of paragraphs 247.5(1)(a), (b) and (d) to (g). (5) Section 206.1 of the Act is amended by adding the following after subsection (4):
Chapter 12: COVID-19 Response Measures Act PART 2 Canada Labour Code Coordinating Amendments Section 8
Exception — leave related to COVID-19 (4.1) Except to the extent that it is inconsistent with subsection 239.01(13), section 209.1 applies to an employee who interrupted the leave referred to in subsection (1) in order to be absent due to a reason referred to in subsection 239.01(1). (6) Subsection 206.1(4.1) of the Act is repealed.
4.4 (1) Subsection 207.02(1) of the Act is replaced by the following:
Interruption 207.02 (1) An employee may interrupt a leave of absence referred to in any of sections 206.3 to 206.5 in order to be absent due to a reason referred to in subsection 239(1) or (1.1), 239.01(1) or 239.1(1). (2) Subsection 207.02(1) of the Act is replaced by
the following: Interruption 207.02 (1) An employee may interrupt a leave of absence referred to in any of sections 206.3 to 206.5 in order to be absent due to a reason referred to in subsection 239(1) or (1.1) or 239.1(1). (3) Section 207.02 of the Act is amended by adding the following after subsection (3):
Exception — leave related to COVID-19 (3.1) Except to the extent that it is inconsistent with subsection 239.01(13), section 209.1 applies to an employee who interrupted the leave in order to be absent due to a reason referred to in subsection 239.01(1). (4) Subsection 207.02(3.1) of the Act is repealed.
4.5 (1) The Act is amended by adding the following after section 239:
DIVISION XIII.01
Leave Related to COVID-19 Entitlement to leave 239.01 (1) Subject to subsection (8), every employee is entitled to and shall be granted a leave of absence from employment of
Chapter 12: COVID-19 Response Measures Act PART 2 Canada Labour Code Coordinating Amendments Section 8
(a) up to two weeks — or, if another number of weeks is fixed by regulation, that number of weeks — if the employee is unable to work because (i) they contracted or might have contracted
COVID-19, (ii) they have underlying conditions, are undergoing treatments or have contracted other sicknesses that, in the opinion of a medical practitioner, nurse practitioner, person in authority, government or public health authority, would make them more susceptible to COVID-19, or (iii) they have isolated themselves on the advice of
their employer, a medical practitioner, nurse practitioner, person in authority, government or public health authority for reasons related to COVID-19; and (b) subject to subsection (3), up to 26 weeks — or, if
another number of weeks is fixed by regulation, that number of weeks — if the employee is unable to work because (i) they must care for a child who is under 12 years of age on the first day of the period of leave because (A) the school or other facility that the child normally attends is, for reasons related to COVID-19, closed, open only at certain times or open only for certain children, (B) the child cannot attend the school or other
facility because (I) the child contracted or might have contracted COVID-19, (II) the child is in isolation on the advice of a medical practitioner, nurse practitioner, person in authority, government or public health authority for reasons related to COVID-19, or (III) the child would, in the opinion of a medical practitioner or nurse practitioner, be at risk of having serious health complications if the child contracted COVID-19, or (C) the person who usually cares for the child is not available for reasons related to COVID-19, or (ii) they must care for a family member who requires supervised care because (A) the day program or facility that the family member normally attends is, for reasons related
Chapter 12: COVID-19 Response Measures Act PART 2 Canada Labour Code Coordinating Amendments Section 8
to COVID-19, unavailable or closed, available or open only at certain times or available or open only for certain persons, (B) the family member cannot attend the day
program or facility because (I) the family member contracted or might have contracted COVID-19, (II) the family member is in isolation on the
advice of their employer, a medical practitioner, nurse practitioner, person in authority, government or public health authority for reasons related to COVID-19, or (III) the family member would, in the opinion
of a medical practitioner or nurse practitioner, be at risk of having serious health complications if the family member contracted COVID-19, or (C) the care services that are normally provided to the family member at their place of residence are not available for reasons related to COVID-19.
Definitions (2) The following definitions apply in subsection (1).
COVID-19 means the coronavirus disease 2019. (COVID-19) family member, in respect of a person, includes anyone whom the person considers to be like a close relative or who considers the person to be like a close relative. (membre de la famille) medical practitioner means a person who is entitled to practise medicine under the laws of a province. (médecin) nurse practitioner means a registered nurse who, under the laws of a province, is entitled to practise as a nurse practitioner — or under an equivalent designation — and to autonomously make diagnoses, order and interpret diagnostic tests, prescribe substances and treat patients. (infirmier praticien)
Chapter 12: COVID-19 Response Measures Act PART 2 Canada Labour Code Coordinating Amendments Section 8
Aggregate leave — paragraph (1)(b) (3) Subject to subsection (5), the aggregate amount of
leave that an employee may take under paragraph (1)(b) is not to exceed 26 weeks, or, if another number of weeks is fixed for the purposes of that paragraph, that number of weeks. Clarification (4) For greater certainty, any period of leave taken by an employee under subsection (1), as it read on September 30, 2020, does not count towards the maximum number of weeks referred to in subsection (3).
Aggregate leave — more than one employee (5) The aggregate amount of leave that may be taken under paragraph (1)(b) by two or more employees who reside in the same household is not to exceed 26 weeks or, if another number of weeks is fixed for the purposes of that paragraph, that number of weeks.
Division of leave (6) The leave of absence may be taken in one or more periods. The employer may require that each period of leave be not less than one day’s duration. Limitation (7) If two or more employees reside in the same household, only one of them may take a leave of absence under paragraph (1)(b) during any particular period.
Notice to employer (8) An employee who intends to take a leave of absence under this Division must, as soon as possible, give written notice to the employer of the reasons for the leave and the length of the leave that they intend to take.
Change in length of leave (9) An employee must, as soon as possible, give written
notice to the employer of any change in the length of the leave of absence taken under this Division.
Written declaration (10) The employer may require an employee to provide a
written declaration in support of the reasons for the leave of absence taken under this Division and of any change in the length of that leave. Employment opportunities (11) An employee is entitled, on written request, to be informed in writing of every employment, promotion or training opportunity that arises during the period when
Chapter 12: COVID-19 Response Measures Act PART 2 Canada Labour Code Coordinating Amendments Section 8
the employee is on a leave of absence under this Division and for which the employee is qualified, and on receiving that request, the employer must provide the information to the employee. Prohibition (12) Subject to subsection (13), an employer is prohibited from dismissing, suspending, laying off, demoting or disciplining an employee because the employee intends to take or has taken a leave of absence under this Division or taking such an intention or absence into account in any decision to promote or train the employee.
Exception (13) An employer may assign to a different position, with different terms and conditions of employment, any employee who, after a leave of absence under this Division, is unable to perform the work performed by the employee prior to the absence.
Benefits continue (14) The pension, health and disability benefits and the
seniority of an employee who is absent from work due to a leave of absence under this Division accumulate during the entire period of the leave.
Contributions by employee (15) If contributions are required from an employee in
order for the employee to be entitled to a benefit referred to in subsection (14), the employee is responsible for and must, within a reasonable time, pay those contributions for the period of any leave of absence under this Division unless, at the commencement of the absence or within a reasonable time after, the employee notifies the employer of the employee’s intention to discontinue contributions during that period. Contributions by employer (16) An employer who pays contributions in respect of a
benefit referred to in subsection (14) must continue to pay those contributions during an employee’s leave of absence under this Division in at least the same proportion as if the employee were not absent, unless the employee does not pay the employee’s contributions, if any, within a reasonable time. Failure to pay contributions (17) For the purposes of calculating the pension, health
and disability benefits of an employee in respect of whom contributions have not been paid as required by
Chapter 12: COVID-19 Response Measures Act PART 2 Canada Labour Code Coordinating Amendments Section 8
subsections (15) and (16), the benefits do not accumulate during the leave of absence under this Division and employment on the employee’s return to work is deemed to be continuous with employment before the employee’s absence. Deemed continuous employment (18) For the purposes of calculating benefits, other than
benefits referred to in subsection (14), of an employee who is absent from work due to a leave of absence under this Division, employment on the employee’s return to work is to be deemed to be continuous with employment before the employee’s absence. Regulations (19) The Governor in Council may, by regulation, (a) define terms for the purposes of this Division; and (b) fix a number of weeks for the purposes of paragraph (1)(a) or (b). (2) Division XIII.01 of the Act is repealed. 4.6 (1) Subsection 246.1(1) of the Act is amended by adding the following after paragraph (a): (a.1) the employer has taken action against the employee in contravention of section 239.01; (2) Paragraph 246.1(1)(a.1) of the Act is repealed. (c) section 9 of this Act is amended by adding
the following after subsection (3):
October 1, 2020 (4) Subsections 4.1(1), 4.2(1), 4.3(1) and (3), 4.4(1)
and 4.6(1) are deemed to have come into force on October 1, 2020. October 2, 2020 (5) Subsections 4.1(3), 4.3(5), 4.4(3) and 4.5(1) come
into force or are deemed to have come into force on October 2, 2020. September 25, 2021 (6) Subsections 4.1(4), 4.3(6), 4.4(4), 4.5(2) and 4.6(2) come into force on September 25, 2021.
Chapter 12: COVID-19 Response Measures Act PART 2 Canada Labour Code Coordinating Amendments Sections 8-10
September 26, 2021 (7) Subsections 4.1(2), 4.2(2), 4.3(2) and (4) and
4.4(2) come into force on September 26, 2021.
Coming into Force September 30, 2020 9 (1) Section 6 comes into force on September 30,
2020. October 1, 2020 (2) Section 3 comes into force on October 1, 2020.
September 25, 2021 (3) Subsection 4(2) comes into force on September 25, 2021.
PART 3
Public Health Events of National Concern Payments 2020, c. 5, s. 9
Public Health Events of National Concern Payments Act 10 Section 2 of the Public Health Events of National Concern Payments Act is replaced by the following: Payments — public health event of national concern (COVID-19) 2 Subject to section 3, there may be paid out of the Consolidated Revenue Fund, on the requisition of a federal minister and with the concurrence of the Minister of Finance and the Minister of Health obtained no later than September 30, 2020, all money required to do anything in relation to the measures specified in the schedule in respect of the coronavirus disease 2019 (COVID-19), which has been determined by the Minister of Health to be a public health event of national concern.
Limit 3 The total of all payments made under section 2 after
September 30, 2020, in respect of a measure specified in the schedule, must not exceed the amount specified in the schedule for that measure.
Chapter 12: COVID-19 Response Measures Act PART 3 Public Health Events of National Concern Payments Public Health Events of National Concern Payments Act Sections 11-13
11 The Act is amended by adding, after section 3, the schedule set out in the schedule to this Act.
2020, c. 5
COVID-19 Emergency Response Act 12 Section 11 of the COVID-19 Emergency Response Act is replaced by the following:
December 31, 2020 11 Section 10 comes into force on December 31,
2020. Coordinating Amendments 2020, c. 5
13 (1) If this Act receives royal assent on September 30, 2020, then section 12 of this Act is deemed to have come into force before section 10 of the COVID-19 Emergency Response Act. (2) If this Act receives royal assent after September 30, 2020, then (a) the headings before section 10 of this Act and sections 10 to 12 of this Act are replaced by the following:
PART 3
Public Health Events of National Concern Payments Act Enactment of Act Enactment 10 The Public Health Events of National Concern Payments Act, whose text is as follows and whose schedule is set out in the schedule to this Act, is enacted:
An Act to authorize the making of payments in relation to public health events of national concern
Chapter 12: COVID-19 Response Measures Act PART 3 Public Health Events of National Concern Payments Coordinating Amendments Section 13
Short Title Short title 1 This Act may be cited as the Public Health Events of National Concern Payments Act.
Public Health Event of National Concern Payments — public health event of national concern (COVID-19) 2 Subject to section 3, there may be paid out of the Consolidated Revenue Fund, on the requisition of a federal minister and with the concurrence of the Minister of Finance and the Minister of Health obtained no later than September 30, 2020, all money required to do anything in relation to the measures specified in the schedule in respect of the coronavirus disease 2019 (COVID-19), which has been determined by the Minister of Health to be a public health event of national concern.
Limit 3 The total of all payments made under section 2 after
September 30, 2020, in respect of a measure specified in the schedule, must not exceed the amount specified in the schedule for that measure.
Repeal Repeal 11 The Public Health Events of National Concern Payments Act, enacted by section 10, is repealed. (b) section 14 of this Act is deemed never to have come into force and is repealed; (c) this Act is amended by adding the following after the heading “Coming into Force” after this section:
October 1, 2020 13.1 (1) Section 10 comes into force or is deemed
to have come into force on October 1, 2020. December 31, 2020 (2) Section 11 comes into force on December 31, 2020.
Chapter 12: COVID-19 Response Measures Act PART 3 Public Health Events of National Concern Payments Coordinating Amendments Sections 13-14
(d) the schedule to this Act is amended by replacing the reference after the “SCHEDULE” with the following:
heading
(Section 10)
Coming into Force October 1, 2020 14 Sections 10 and 11 come into force on October
1, 2020.
Chapter 12: COVID-19 Response Measures Act SCHEDULE
SCHEDULE (Section 11)
SCHEDULE (Sections 2 and 3)
Payment Limits Measure
Protecting Health and Safety – COVID-19 Response Fund
– Funding for Personal Protective Equipment (PPE) and Sup
– Safe Restart Agreement – Funding for Federal Investment Data Management
– Safe Restart Agreement – Funding for PPE (Public Health A
– Safe Restart Agreement – Funding for PPE (Public Service
– PPE and Related Equipment Support for Essential Workers Canada)
– Support for Health Canada and the Public Health Agency o
– Medical Research, Countermeasures, Vaccine Funding and Measures and Isolation Sites
– Bio-manufacturing Capacity Expansion – National Researc – Consular Assistance for Canadians Abroad – Virtual Care and Mental Health Tools for Canadians
– Enhancing Public Health Measures in Indigenous Commu
– Personal Support Worker Training and Other Measures to Term and Home Care Support for Individuals – Canada Emergency Response Benefit (CERB) – Supporting Provincial and Territorial Job Training Efforts covery – Ensuring Access to Canada Revenue Agency Call Centres
– Canada Revenue Agency Funding for COVID-19 Economic Support for Students and Recent Graduates – Youth Employment and Skills Development Programs – Canada Emergency Student Benefit (CESB) Support for Seniors – New Horizons for Seniors Program expansion Support for Vulnerable Groups – Indigenous Community Support Fund – Supporting a Safe Restart in Indigenous Communities – Addressing Gender-Based Violence during COVID-19
Chapter 12: COVID-19 Response Measures Act SCHEDULE
Measure
– Support for People experiencing Homelessness (through R
– Additional Support for Canadians Experiencing Homeless – Rapid Housing Initiative – Supporting Children and Youth (Kids Help Phone) – Additional Support for Food Banks – Support for Charities and Non-Profits Serving Vulnerable
– Support for Persons with Disabilities (Opportunities Fund) – Support for Veterans’ Organizations Support for Businesses
– Alternative Credit Support for Businesses Unable to Acces (RDAs, Community Futures Network, Futurpreneur Canad
– Targeted Extension of the Innovation Assistance Program – Regional Relief and Recovery Fund Top-Up – Support for fish and seafood processors – Supporting Canada’s farmers, food businesses, and food – Canada Emergency Commercial Rent Assistance – Granville Island Emergency Relief Fund – Support for the Federal Bridge Corporation Limited Support for Sectors – Addressing the Outbreak of COVID-19 among Temporary
– Support for Food System Firms that Hire Temporary Forei ket Impact Assessment adjustments) – Support for Cultural, Heritage and Sport Organizations – Support for Fish Harvesters – Support for the Academic Research Community – Support for the Audiovisual Industry
Chapter 12: COVID-19 Response Measures Act SCHEDULE (French)
ANNEXE (article 11)
ANNEXE (articles 2 et 3)
Plafond pour les sommes payées Mesure
Protéger la santé et la sécurité – Fonds de réponse à la COVID-19
– Financement pour l’équipement de protection individuelle
– Accord sur la relance sécuritaire – Investissements fédérau recherche des contacts et la gestion des données
– Accord sur la relance sécuritaire – Achats d’EPI (Agence d
– Accord sur la relance sécuritaire – Achats d’EPI (Services p Canada)
– Soutien en matière d’EPI et d’équipement connexe pour le publics et Approvisionnement Canada)
– Soutien à Santé Canada et à l’Agence de la santé publique
– Recherche médicale, contre-mesures, financement et déve relatives au voyage et aux frontières et centres d’isolemen
– Élargissement de la capacité de biofabrication – Conseil n installation Royalmount – Aide consulaire aux Canadiens à l’étranger
– Outils de soins et de santé mentale virtuels pour les Canad
– Améliorer les mesures de santé publique dans les commu
– Formation des préposés au service de soutien personnel e aux pénuries de main-d’œuvre dans les soins de longue d Soutien aux particuliers – Prestation canadienne d’urgence (PCU)
– Appuyer les efforts de formation professionnelle des prov cadre de la reprise économique à la suite de la pandémie
– Assurer l’accès aux centres d’appels de l’Agence du reven
– Financement pour l’Agence du revenu du Canada, pour le ponse à la COVID-19 Soutien aux étudiants et aux nouveaux diplômés
– Programmes d’emploi et de perfectionnement des compé
– Prestation canadienne d’urgence pour les étudiants (PCUE Soutien aux aînés
– Élargissement du programme Nouveaux Horizons pour le
Chapter 12: COVID-19 Response Measures Act SCHEDULE (French)
Mesure
Soutien aux groupes vulnérables – Fonds de soutien aux communautés autochtones
– Soutenir une relance sécuritaire dans les communautés au
– Lutte contre la violence fondée sur le sexe pendant la pan
– Soutien aux personnes sans-abri (par l’intermédiaire de V
– Soutien supplémentaire aux Canadiens sans-abri pendant – Initiative pour la création rapide de logements – Soutien aux enfants et aux jeunes (Jeunesse, J’écoute) – Soutien supplémentaire aux banques alimentaires
– Soutien aux organismes de bienfaisance et à but non lucr vulnérables
– Soutien aux personnes handicapées (Volet national pour l – Soutien aux organisations de vétérans Soutien aux entreprises
– Autre soutien au crédit pour les entreprises qui n’ont pas gence (par l’intermédiaire des agences de développement pement des collectivités, de Futurpreneur Canada et du Pr – Prolongation ciblée du Programme d’aide à l’innovation – Bonification du Fonds d’aide et de relance régionale
– Soutien aux transformateurs de poissons et de produits d
– Soutien pour les agriculteurs, les entreprises agroalimenta ment
– Aide d’urgence du Canada pour le loyer commercial (AUC – Fonds d’urgence pour Granville Island – Soutien à la Société des ponts fédéraux Limitée Soutien destiné à des secteurs particuliers
– Lutte contre l’éclosion de la COVID-19 chez les travailleurs fermes
– Soutien aux entreprises agroalimentaires qui embauchent raires (incluant des ajustements au titre des évaluations d
– Soutien aux organisations chargées de la culture, du patri – Soutien aux pêcheurs – Soutien pour le milieu de la recherche universitaire – Soutien à l’industrie audiovisuelle
Published under authority of the Speaker of the House of Commons 2020
Disponible sur le site Web de la Chambre des comm
|
First Session, Forty-third Parliament, 68-69 Elizabeth II, 2019-2020
STATUTES OF CANADA 2020
CHAPTER 8
An Act to amend the Canadian Dairy Commission Act
ASSENTED TO MAY 15, 2020 BILL C-16
RECOMMENDATION Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act to amend the Canadian Dairy Commission Act”.
SUMMARY This enactment amends the Canadian Dairy Commission Act to increase the maximum total for outstanding amounts of loans made to the Commission by the Minister of Finance and for amounts drawn by the Commission from a line of credit to five hundred million dollars.
i
68-69 ELIZABETH II
CHAPTER 8
An Act to amend the Canadian Dairy Commission Act
[Assented to 15th May, 2020] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: R.S., c. C-15
Canadian Dairy Commission Act 1995, c. 23, s. 6
1 Subsection 16(2) of the Canadian Dairy Commission Act is replaced by the following:
Limit (2) The total aggregate amount outstanding at any time of loans made under subsection (1) and amounts drawn under subsection 16.1(2) shall not exceed five hundred million dollars.
Published under authority of the Speaker of the House of Commons 2019-2020
Disponible sur le site Web de la Chambre des comm
|
Second Session, Forty-third Parliament, 69 Elizabeth II, 2020
STATUTES OF CANADA 2020
CHAPTER 15
An Act for granting to Her Majesty certain sums of money for the federal public administration for the fiscal year ending March 31, 2021
ASSENTED TO DECEMBER 10, 2020 BILL C-16
SUMMARY This enactment grants the sum of $26,138,756,442 towards defraying charges and expenses of the federal public administration for the fiscal year ending March 31, 2021 that are not otherwise provided for.
i
69 ELIZABETH II
CHAPTER 15
An Act for granting to Her Majesty certain sums of money for the federal public administration for the fiscal year ending March 31, 2021 [Assented to 10th December, 2020] MOST GRACIOUS SOVEREIGN, Preamble Whereas it appears by message from Her Excellency the Right Honourable Julie Payette, Governor General and Commander-in-Chief of Canada, and the Estimates accompanying that message, that the sums mentioned below are required to defray certain expenses of the federal public administration, not otherwise provided for, for the fiscal year ending March 31, 2021, and for other purposes connected with the federal public administration;
May it therefore please Your Majesty, that it may be enacted, and be it enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, that: Short title 1 This Act may be cited as the Appropriation Act No. 4,
2020–21. $26,138,756,442 granted for 2020–21 2 There may be paid out of the Consolidated Revenue
Fund a sum not exceeding in the aggregate $26,138,756,442 towards defraying the various charges and expenses of the federal public administration for the fiscal year ending March 31, 2021, not otherwise provided for, which is the total of the following amounts: (a) $24,674,249,120, which is the total of the amounts of the items set out in the Proposed Schedule 1 in the Annex to the Main Estimates for the fiscal year ending March 31, 2021, and in Schedule 1 to this Act less the total of the interim appropriations granted on account
Chapter 15: Appropriation Act No. 4, 2020–21 Sections 2-5
of those items by Appropriation Act No. 1, 2020–21 and by Appropriation Act No. 2, 2020–21, and (b) $1,464,507,322, which is the total of the amounts of
the items set out in the Proposed Schedule 2 in the Annex to those Estimates and in Schedule 2 to this Act less the total of the interim appropriations granted on account of those items by Appropriation Act No. 1, 2020–21 and by Appropriation Act No. 2, 2020–21. Purpose of each item 3 (1) The amount authorized by this Act to be paid in respect of an item may be paid only for the purposes, and subject to any terms and conditions, specified in the item.
Effective date (2) The provisions of each item set out in Schedules 1 and 2 are deemed to have effect as of April 1, 2020.
Adjustments in accounts of Canada — Schedule 1 4 An appropriation that is granted by this Act or any other Act and referred to in Schedule 1 may be charged after the end of the fiscal year for which the appropriation is granted at any time before the day on which the Public Accounts for that fiscal year are tabled in Parliament, for the purpose of making adjustments in the accounts of Canada for that fiscal year that do not require payments out of the Consolidated Revenue Fund.
Adjustments in accounts of Canada — Schedule 2 5 (1) An appropriation that is granted by this Act or any other Act and referred to in Schedule 2 may be charged after the end of the fiscal year following the fiscal year for which the appropriation is granted at any time before the day on which the Public Accounts for that second fiscal year are tabled in Parliament, for the purpose of making adjustments in the accounts of Canada for that second fiscal year that do not require payments out of the Consolidated Revenue Fund.
Order of payment (2) Despite any other provision of this Act, amounts appropriated by this Act and set out in Schedule 2 may be paid and applied at any time on or before March 31, 2022, so long as every payment is charged first against the relevant amount appropriated under any Act that is earliest in time until that amount is exhausted, next against the relevant amount appropriated under any other Act, including this Act, that is next in time until that amount is exhausted and so on. The balance of amounts so appropriated by this Act that have not been charged, subject to the adjustments referred to in section 37 of the Financial
Chapter 15: Appropriation Act No. 4, 2020–21 Section 5
Administration Act, lapse at the end of the fiscal year following the fiscal year ending March 31, 2021.
Chapter 15: Appropriation Act No. 4, 2020–21 SCHEDULE 1
SCHEDULE 1
Based on the Main Estimates 2020–21, the amount granted is $2 out in this Schedule ($118,734,503,548) less the total of the interim ation Act No. 1, 2020–21 ($42,294,700,170) and by Appropriation
Sums granted to Her Majesty by this Act for the fiscal year ending Vote No.
Items
ADMINISTRATIVE TRIBUNALS SUPPORT SERVICE OF CAN Service canadien d’appui aux tribunaux administratifs 1
– Program expenditures
– Authority to make recoverable expenditures in relation t the Canada Pension Plan and the Employment Insuranc
ATLANTIC CANADA OPPORTUNITIES AGENCY Agence de promotion économique du Canada atlantiqu 1
– Operating expenditures
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro ra than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under sec ment of Canada Act, to ministers of State who preside o 5
– The grants listed in any of the Estimates for the fiscal ye – Contributions ATOMIC ENERGY OF CANADA LIMITED Énergie atomique du Canada limitée
– Payments to the corporation for operating and capital ex CANADA COUNCIL FOR THE ARTS Conseil des Arts du Canada
– Payments to the Council to be used for the furtherance o section 8 of the Canada Council for the Arts Act CANADA MORTGAGE AND HOUSING CORPORATION Société canadienne d’hypothèques et de logement
– Payments to reimburse the Corporation for the amounts grants, contributions and expenditures made, and losse incurred, (a) under the National Housing Act; or
(b) in the course of the exercise of powers or the car functions conferred on the Corporation under any ot in accordance with the Corporation’s authority unde gage and Housing Corporation Act CANADA POST CORPORATION Société canadienne des postes 1
– Payments to the Corporation for special purposes CANADA SCHOOL OF PUBLIC SERVICE École de la fonction publique du Canada
– Program expenditures
Chapter 15: Appropriation Act No. 4, 2020–21 SCHEDULE 1
Vote No.
Items
CANADIAN ACCESSIBILITY STANDARDS DEVELOPMENT Organisation canadienne d’élaboration de normes d’acc 1
– Operating expenditures
– The grants listed in any of the Estimates for the fiscal ye – Contributions
CANADIAN AIR TRANSPORT SECURITY AUTHORITY Administration canadienne de la sûreté du transport aé 1
– Payments to the Authority for operating and capital exp CANADIAN BROADCASTING CORPORATION Société Radio-Canada
– Payments to the Corporation for operating expenditures
– Payments to the Corporation for working capital
– Payments to the Corporation for capital expenditures
CANADIAN CENTRE FOR OCCUPATIONAL HEALTH AND S Centre canadien d’hygiène et de sécurité au travail 1
– Program expenditures CANADIAN DAIRY COMMISSION Commission canadienne du lait
– Program expenditures CANADIAN ENERGY REGULATOR Régie canadienne de l’énergie
– Program expenditures – Contributions
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp in that fiscal year — revenues that it receives in that fisc sion of internal support services under section 29.2 of th CANADIAN FOOD INSPECTION AGENCY Agence canadienne d’inspection des aliments 1
– Operating expenditures
– The grants listed in any of the Estimates for the fiscal ye – Contributions 5
– Capital expenditures CANADIAN GRAIN COMMISSION Commission canadienne des grains
– Program expenditures
CANADIAN HIGH ARCTIC RESEARCH STATION Station canadienne de recherche dans l’Extrême-Arctiq 1
– Program expenditures
– The grants listed in any of the Estimates for the fiscal ye
Chapter 15: Appropriation Act No. 4, 2020–21 SCHEDULE 1
Vote No.
Items – Contributions CANADIAN HUMAN RIGHTS COMMISSION Commission canadienne des droits de la personne
– Program expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela it incurs in that fiscal year — revenues that it receives in the provision of internal support services under section CANADIAN INSTITUTES OF HEALTH RESEARCH Instituts de recherche en santé du Canada 1
– Operating expenditures
– The grants listed in any of the Estimates for the fiscal ye
CANADIAN INTERGOVERNMENTAL CONFERENCE SECRE Secrétariat des conférences intergouvernementales can 1
– Program expenditures CANADIAN MUSEUM FOR HUMAN RIGHTS Musée canadien des droits de la personne
– Payments to the Museum for operating and capital expe CANADIAN MUSEUM OF HISTORY Musée canadien de l’histoire
– Payments to the Museum for operating and capital expe CANADIAN MUSEUM OF IMMIGRATION AT PIER 21 Musée canadien de l’immigration du Quai 21
– Payments to the Museum for operating and capital expe CANADIAN MUSEUM OF NATURE Musée canadien de la nature
– Payments to the Museum for operating and capital expe
CANADIAN NORTHERN ECONOMIC DEVELOPMENT AGEN Agence canadienne de développement économique du 1 5
– Operating expenditures
– The grants listed in any of the Estimates for the fiscal ye – Contributions CANADIAN NUCLEAR SAFETY COMMISSION Commission canadienne de sûreté nucléaire
– Program expenditures
– The grants listed in any of the Estimates for the fiscal ye – Contributions
Chapter 15: Appropriation Act No. 4, 2020–21 SCHEDULE 1
Vote No.
Items
CANADIAN RADIO-TELEVISION AND TELECOMMUNICATI Conseil de la radiodiffusion et des télécommunications 1
– Program expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp in that fiscal year — revenues that it receives in that fisc Telecommunications Fees Regulations, 2010, the Broad Regulations, 1997 and the Unsolicited Telecommunicat and other revenues that it receives in that fiscal year fro the conduct of its operations, up to amounts approved CANADIAN SECURITY INTELLIGENCE SERVICE Service canadien du renseignement de sécurité 1
– Program expenditures CANADIAN SPACE AGENCY Agence spatiale canadienne
– Operating expenditures
– Capital expenditures
– The grants listed in any of the Estimates for the fiscal ye – Contributions CANADIAN TOURISM COMMISSION Commission canadienne du tourisme
– Payments to the Commission
CANADIAN TRANSPORTATION ACCIDENT INVESTIGATIO BOARD Bureau canadien d’enquête sur les accidents de transpo transports 1
– Program expenditures CANADIAN TRANSPORTATION AGENCY Office des transports du Canada
– Program expenditures
CIVILIAN REVIEW AND COMPLAINTS COMMISSION FOR T CANADIAN MOUNTED POLICE Commission civile d’examen et de traitement des plaint Gendarmerie royale du Canada 1
– Program expenditures COMMUNICATIONS SECURITY ESTABLISHMENT Centre de la sécurité des télécommunications
– Program expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp in that fiscal year — revenues that it receives in that fisc tions, including the provision of internal support service of that Act
Chapter 15: Appropriation Act No. 4, 2020–21 SCHEDULE 1
Vote No.
Items COPYRIGHT BOARD Commission du droit d’auteur
– Program expenditures CORRECTIONAL SERVICE OF CANADA Service correctionnel du Canada
– Operating expenditures
– The grants listed in any of the Estimates for the fiscal ye – Contributions
– Authority to deposit into the Inmate Welfare Fund reven fiscal year from projects operated by inmates and finan
– Authority to operate canteens in federal institutions and fiscal year, revenue from sales into the Inmate Welfare
– Payments, in accordance with terms and conditions pre nor in Council,
(a) to or on behalf of discharged inmates who suffer caused by participation in normal program activity in and
(b) to dependants of deceased inmates and discharg deaths resulted from participation in normal program stitutions
– Authority for the Minister of Public Safety and Emergen ject to the approval of the Governor in Council, to enter with any province for
(a) the confinement in institutions of that province o tenced, committed or transferred to a penitentiary;
(b) compensation for the maintenance of such perso
(c) payment in respect of the construction and relate tions 5
– Capital expenditures, including
(a) payments to aboriginal communities, as defined Corrections and Conditional Release Act, in connecti of correctional services under an agreement referred that Act; and
(b) payments to non-profit organizations involved in tions operations, provinces and municipalities towar construction costs COURTS ADMINISTRATION SERVICE Service administratif des tribunaux judiciaires 1
– Program expenditures DEPARTMENT FOR WOMEN AND GENDER EQUALITY Ministère des Femmes et de l’Égalité des genres
– Operating expenditures
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro ra than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under sec ment of Canada Act, to ministers of State who preside o 5
– The grants listed in any of the Estimates for the fiscal ye
Chapter 15: Appropriation Act No. 4, 2020–21 SCHEDULE 1
Vote No.
Items – Contributions DEPARTMENT OF AGRICULTURE AND AGRI-FOOD Ministère de l’Agriculture et de l’Agroalimentaire
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp in that fiscal year — revenues that it receives in that fisc (a) collaborative research agreements and research
(b) the grazing and breeding activities of the Commu
(c) the administration of the AgriStability program; a
(d) the provision of internal support services under s
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro ra than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under sec ment of Canada Act, to ministers of State who preside o 5
– Capital expenditures
– The grants listed in any of the Estimates for the fiscal ye – Contributions DEPARTMENT OF CANADIAN HERITAGE Ministère du Patrimoine canadien
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp in that fiscal year — revenues that it receives in that fisc
(a) the activities of the Canadian Conservation Institu itage Information Network and the Canadian Audio-V fice;
(b) activities undertaken under the Capital Experienc
(c) the provision of internal support services under s
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro ra than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under sec ment of Canada Act, to ministers of State who preside o 5
– The grants listed in any of the Estimates for the fiscal ye – Contributions DEPARTMENT OF CITIZENSHIP AND IMMIGRATION Ministère de la Citoyenneté et de l’Immigration
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp in that fiscal year from the provision of services related rience Canada — revenues that it receives in that fiscal sion of those services
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro ra
Chapter 15: Appropriation Act No. 4, 2020–21 SCHEDULE 1
Vote No.
Items
than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under sec ment of Canada Act, to ministers of State who preside o 5
– Capital expenditures
– The grants listed in any of the Estimates for the fiscal ye
– Contributions, including the provision of goods and serv
DEPARTMENT OF CROWN-INDIGENOUS RELATIONS AND Ministère des Relations Couronne-Autochtones et des A 1
– Operating expenditures – Expenditures on works, buildings and equipment
– Authority to make expenditures — recoverable or otherw formed on property that is not federal property and on respect of that property
– Authority to provide, in respect of Indian and Inuit econo tivities, for the capacity development for Indians and In of materials and equipment
– Authority to sell electric power to private consumers in alternative local sources of supply are not available, in a and conditions approved by the Governor in Council
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela it incurs in that fiscal year — revenues that it receives in the provision of internal support services under section
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro ra than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under sec ment of Canada Act, to ministers of State who preside o 5
– Capital expenditures
– Expenditures on buildings, works, land and equipment t and ownership of which
(a) may be transferred to provincial governments on approved by the Governor in Council; or
(b) may be transferred to Indian bands, groups of Ind dians at the discretion of the Minister of Crown-Indig
– Expenditures on buildings, works, land and equipment t federal property
– Authority to make recoverable expenditures on roads an amounts not exceeding the shares of provincial govern 10
– The grants listed in any of the Estimates for the fiscal ye – Contributions
L15
– Loans to Indigenous claimants in accordance with terms proved by the Governor in Council for the purpose of d to research, development and negotiation of claims
DEPARTMENT OF EMPLOYMENT AND SOCIAL DEVELOPM Ministère de l’Emploi et du Développement social 1
– Operating expenditures
– Authority to make recoverable expenditures in relation t the Canada Pension Plan and the Employment Insuranc
Chapter 15: Appropriation Act No. 4, 2020–21 SCHEDULE 1
Vote No.
Items
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela it incurs in that fiscal year — revenues that it receives in
(a) the provision of services to assist provinces in th provincial programs funded under Labour Market De ments;
(b) the provision of internal support services under s
(c) any amount charged to a Crown corporation und the Government Employees Compensation Act in re costs for subrogated claims for Crown corporations;
(d) the portion of the Government Employees Comp mental or agency subrogated claim settlements rela
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro ra than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under sec ment of Canada Act, to ministers of State who preside o 5
– The grants listed in any of the Estimates for the fiscal ye – Contributions DEPARTMENT OF FINANCE Ministère des Finances
– Program expenditures – Contributions
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela it incurs in that fiscal year — revenues that it receives in the provision of internal support services under section
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro ra than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under sec ment of Canada Act, to ministers of State who preside o 5
– Pursuant to subsection 8(2) of the Bretton Woods and R Act, the amount of financial assistance provided by the way of direct payments to the International Developme exceed $423,240,000 in the fiscal year 2020–21 DEPARTMENT OF FISHERIES AND OCEANS Ministère des Pêches et des Océans
– Operating expenditures
– Canada’s share of expenses of the international fisherie
– Authority to provide free office accommodation for the i commissions
– Authority to make recoverable advances in the amounts international fisheries commissions of joint cost project
– Authority to make recoverable advances for transportati other shipping services performed for individuals, outsi governments in the course of, or arising out of, the exe navigation, including aids to navigation and shipping
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp in that fiscal year — revenues that it receives in that fisc
Chapter 15: Appropriation Act No. 4, 2020–21 SCHEDULE 1
Vote No.
Items
(a) in the course of, or arising from, the activities of t Guard; and
(b) from the provision of internal support services un that Act
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro ra than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under sec ment of Canada Act, to ministers of State who preside o 5
– Capital expenditures
– Authority to make payments to provinces, municipalitie authorities as contributions towards construction done
– Authority for the purchase and disposal of commercial fi 10
– The grants listed in any of the Estimates for the fiscal ye – Contributions
DEPARTMENT OF FOREIGN AFFAIRS, TRADE AND DEVEL Ministère des Affaires étrangères, du Commerce et du D 1
– Operating expenditures, including those related to the a Canada’s representatives abroad, to the staff of those re the assignment of Canadians to the staffs of internation
– Authority to make recoverable advances to internationa amounts not exceeding the amounts of the shares of th
– Expenditures in respect of the provision of office accom national Civil Aviation Organization
– Authority to make recoverable expenditures for assistan of distressed Canadian citizens and Canadian residents cluding their dependants
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela it incurs in that fiscal year — revenues that it receives in (a) trade and education fairs; (b) departmental publications; and (c) the following services:
(i) training services provided by the Canadian For
(ii) trade missions and other international busine vices, (iii) investment development services, (iv) international telecommunication services,
(v) other services provided abroad to other depar cies, Crown corporations and non-federal organiz (vi) specialized consular services
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro ra than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under sec ment of Canada Act, to ministers of State who preside o
– Capital expenditures
– The grants listed in any of the Estimates for the fiscal ye
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– Contributions, including payments for other specified pu provision of goods and services for (a) the promotion of trade and investment; and
(b) international humanitarian assistance and assista ternational security, international development and 15
– Payments made
(a) in respect of pension, insurance and social securi arrangements for employees locally engaged outsid
(b) in respect of the administration of such programs cluding premiums, contributions, benefit payments, ditures made in respect of such employees and for a the Treasury Board determines 20
– Pursuant to subsection 12(2) of the International Develo tutions) Assistance Act, the amount of financial assistan Minister of Foreign Affairs, in consultation with the Min way of direct payments for the purpose of contributions financial institutions may not exceed $250,684,323 in th
L25
– Pursuant to subsection 12(2) of the International Develo tutions) Assistance Act, the amount of financial assistan Minister of Foreign Affairs, in consultation with the Min way of the purchase of shares of international financial exceed $7,337,000 in United States dollars in the fiscal y estimated in Canadian dollars at $10,640,000
L30
– Loans under paragraph 3(1)(a) of the International Finan DEPARTMENT OF HEALTH Ministère de la Santé
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp in that fiscal year — revenues that it receives in that fisc
(a) the provision of services or the sale of products r well-being and to regulatory activities; and
(b) the provision of internal support services under s
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro ra than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under sec ment of Canada Act, to ministers of State who preside o 5
– Capital expenditures
– The grants listed in any of the Estimates for the fiscal ye
– Contributions, in the form of monetary payments or the services DEPARTMENT OF INDIGENOUS SERVICES Ministère des Services aux Autochtones 1
– Operating expenditures – Expenditures on works, buildings and equipment
– Authority to make expenditures — recoverable or otherw formed on property that is not federal property and on respect of that property
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– Authority to provide, in respect of Indian and Inuit econo tivities, for the capacity development for Indians and In of materials and equipment
– Authority to sell electric power to private consumers in alternative local sources of supply are not available, in a and conditions approved by the Governor in Council
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela it incurs in that fiscal year — revenues that it receives in
(a) the provision of services or the sale of products r tection and medical services; and
(b) the provision of internal support services under s
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro ra than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under sec ment of Canada Act, to ministers of State who preside o 5
– Capital expenditures
– Expenditures on buildings, works, land and equipment t and ownership of which
(a) may be transferred to provincial governments on approved by the Governor in Council; or
(b) may be transferred to Indian bands, groups of Ind dians at the discretion of the Minister of Indigenous
– Expenditures on buildings, works, land and equipment t federal property
– Authority to make recoverable expenditures on roads an amounts not exceeding the shares of provincial govern 10
– The grants listed in any of the Estimates for the fiscal ye
– Contributions, in the form of monetary payments or the services DEPARTMENT OF INDUSTRY Ministère de l’Industrie 1
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp in that fiscal year — revenues that it receives in that fisc
(a) the provision of internal support services under s and the provision of internal support services to the Property Office;
(b) activities and operations related to communicatio Communications Research Centre;
(c) services and insolvency processes under the Ban cy Act at the Office of the Superintendent of Bankrup
(d) activities and operations carried out by Corporati Canada Business Corporations Act, the Boards of Tr Cooperatives Act and the Canada Not-for-profit Corp
(e) services and regulatory processes for mergers an ters, including pre-merger notifications, advance rul written opinions, under the Competition Act at the C
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who
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a ministry of State, of a salary — paid annually or pro ra than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under sec ment of Canada Act, to ministers of State who preside o 5 10
– Capital expenditures
– The grants listed in any of the Estimates for the fiscal ye – Contributions
L15
– Payments under subsection 14(2) of the Department of I
L20
– Loans under paragraph 14(1)(a) of the Department of Ind DEPARTMENT OF JUSTICE Ministère de la Justice
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp in that fiscal year — revenues that it receives in that fisc
(a) the provision of mandatory legal services to fede agencies;
(b) the provision to Crown corporations, non-federal ternational organizations of optional legal services th the Department’s mandate; and
(c) the provision of internal support services under s
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro ra than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under sec ment of Canada Act, to ministers of State who preside o 5
– The grants listed in any of the Estimates for the fiscal ye – Contributions DEPARTMENT OF NATIONAL DEFENCE Ministère de la Défense nationale
– Operating expenditures
– Authority for total commitments, subject to allotment by of $35,739,116,105 for the purposes of Votes 1, 5 and 10 gardless of the year in which the payment of those com (of which it is estimated that $14,006,026,264 will come ture years)
– Authority, subject to the direction of the Treasury Board expenditures or advances in respect of materials suppli formed on behalf of, individuals, corporations, outside departments and agencies and other governments – Payments
(a) in respect of pension, insurance and social securi arrangements for employees locally engaged outsid
(b) in respect of the administration of such programs cluding premiums, contributions, benefit payments, ditures made in respect of such employees and for a the Treasury Board determines
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela it incurs in that fiscal year — revenues that it receives in
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including from the provision of internal support service that Act
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro ra than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under sec ment of Canada Act, to ministers of State who preside o 5
– Capital expenditures
– The grants listed in any of the Estimates for the fiscal ye which grants and contributions may include (a) monetary payments or, in lieu of payment made (i) the provision of goods or services, or (ii) the provision of the use of facilities; and
(b) the contributions that may be approved by the G accordance with section 3 of The Defence Appropria
(i) for the provision or transfer of defence equipm
(ii) for the provision of services for defence purpo
(iii) for the provision or transfer of supplies or fac poses 15
– Payments
(a) in respect of insurance and benefit programs or o members of the Regular Force and the Reserve Forc Forces; and
(b) in respect of the administration of such programs cluding premiums, contributions, benefit payments, ditures made in respect of such members and for an the Treasury Board determines DEPARTMENT OF NATURAL RESOURCES Ministère des Ressources naturelles 1
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp in that fiscal year — revenues that it receives in that fisc (a) the sale of forestry and information products;
(b) the issue of licences, permits and certificates und and the Explosives Regulations, 2013;
(c) training and certification activities related to the A ferred to in paragraph (b);
(d) research, consultation, testing, analysis and adm and research products as part of the departmental o
(e) the provision of internal support services under s nancial Administration Act
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro ra than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under sec ment of Canada Act, to ministers of State who preside o 5 10
– Capital expenditures
– The grants listed in any of the Estimates for the fiscal ye – Contributions
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DEPARTMENT OF PUBLIC SAFETY AND EMERGENCY PRE Ministère de la Sécurité publique et de la Protection civ 1
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela it incurs in that fiscal year — revenues that it receives in cluding from the provision of internal support services that Act
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro ra than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under sec ment of Canada Act, to ministers of State who preside o 5
– The grants listed in any of the Estimates for the fiscal ye – Contributions
DEPARTMENT OF PUBLIC WORKS AND GOVERNMENT SE Ministère des Travaux publics et des Services gouverne 1
– Operating expenditures for the provision of accommoda central services
– Authority to make recoverable expenditures in relation t the Canada Pension Plan, the Employment Insurance A erty Management Act
– Authority to expend revenues that it receives during the from the provision of accommodation, common and ce
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp in that fiscal year — revenues that it receives in that fisc the provision of internal support services under section
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro ra than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under sec ment of Canada Act, to ministers of State who preside o 5
– Capital expenditures including expenditures on works o erty
– Authority to reimburse lessees of federal real property o for improvements authorized by the Minister of Public W ment Services DEPARTMENT OF THE ENVIRONMENT Ministère de l’Environnement 1
– Operating expenditures
– Authority for the Minister of the Environment to engage quired by different Boards at the remuneration that tho
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela it incurs in that fiscal year — revenues that it receives in the provision of internal support services under section from the provision of services, the sale of information p of entrance fees, the granting of leases or the issuance thorizations, including (a) research, analysis and scientific services;
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Items (b) hydrometric surveys; (c) regulatory services;
(d) monitoring services, including monitoring servic oil sands;
(e) fees for entry to federal real property or federal im (f) permits; and
(g) services in respect of federal real property or fed cluding the granting of surface leases to oil and gas suance of licences for grazing
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro ra than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under sec ment of Canada Act, to ministers of State who preside o 5
– Capital expenditures
– Authority to make payments to provinces and municipa towards construction done by those bodies
– Authority to make recoverable advances not exceeding shares of provincial and outside agencies of the cost of ing expenditures on other than federal property 10
– The grants listed in any of the Estimates for the fiscal ye
– Contributions, including ones to developing countries b eral Fund for the Implementation of the Montreal Proto monetary payments or the provision of goods, equipme DEPARTMENT OF TRANSPORT Ministère des Transports 1
– Operating expenditures
– Authority to make expenditures on other than federal pr of, or arising out of the exercise of jurisdiction in, aeron
– Authority for the payment of commissions for revenue c Aeronautics Act
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp in that fiscal year — revenues that it receives in that fisc the provision of internal support services under section
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro ra than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under sec ment of Canada Act, to ministers of State who preside o 5 10
– Capital expenditures
Grants and contributions – Efficient Transportation System
– The grants listed in any of the Estimates for the fiscal ye – Contributions 15
Grants and contributions – Green and Innovative Transpor
– The grants listed in any of the Estimates for the fiscal ye – Contributions 20
Grants and contributions – Safe and Secure Transportation
– The grants listed in any of the Estimates for the fiscal ye
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Items – Contributions DEPARTMENT OF VETERANS AFFAIRS Ministère des Anciens Combattants
– Operating expenditures
– Expenditures related to the upkeep of real property or im cluding engineering and other investigatory planning e add tangible value to the property, payment of taxes, in utilities
– Expenditures related to, subject to the approval of the G
(a) necessary remedial work on properties construct firm price contracts and sold under the Veterans’ Lan V-4), to correct defects for which neither the veteran may be held financially responsible; and
(b) other work on other properties that is required to interest or right in those properties
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro ra than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under sec ment of Canada Act, to ministers of State who preside o 5
– The grants listed in any of the Estimates for the fiscal ye amount listed for any grant may be increased or decrea proval of the Treasury Board – Contributions
DEPARTMENT OF WESTERN ECONOMIC DIVERSIFICATIO Ministère de la Diversification de l’économie de l’Ouest 1
– Operating expenditures
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro ra than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under sec ment of Canada Act, to ministers of State who preside o 5
– The grants listed in any of the Estimates for the fiscal ye – Contributions
ECONOMIC DEVELOPMENT AGENCY OF CANADA FOR TH QUEBEC Agence de développement économique du Canada pou Québec 1
– Operating expenditures
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro ra than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under sec ment of Canada Act, to ministers of State who preside o 5
– The grants listed in any of the Estimates for the fiscal ye – Contributions
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FEDERAL ECONOMIC DEVELOPMENT AGENCY FOR SOUT Agence fédérale de développement économique pour l 1
– Operating expenditures
– The grants listed in any of the Estimates for the fiscal ye – Contributions
FINANCIAL TRANSACTIONS AND REPORTS ANALYSIS CE Centre d’analyse des opérations et déclarations financiè 1
– Program expenditures HOUSE OF COMMONS Chambre des communes
– Program expenditures, including payments in respect o Members’ constituency offices – Contributions
– Authority to expend revenues that it receives during the from its activities IMMIGRATION AND REFUGEE BOARD Commission de l’immigration et du statut de réfugié 1
– Program expenditures IMPACT ASSESSMENT AGENCY OF CANADA Agence canadienne d’évaluation d’impact
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp in that fiscal year — revenues that it receives in that fisc (a) the conduct of assessments by a review panel; (b) the provision of training; and
(c) the provision of internal support services under s 5
– The grants listed in any of the Estimates for the fiscal ye – Contributions
INTERNATIONAL DEVELOPMENT RESEARCH CENTRE Centre de recherches pour le développement internatio 1
– Payments to the Centre
INTERNATIONAL JOINT COMMISSION (CANADIAN SECTI Commission mixte internationale (section canadienne) 1
– Program expenditures – Expenses of the Canadian Section, including salaries
– Expenses of studies, surveys and investigations by the C ternational References
– Expenses of the Commission under the Canada-United S ter Quality Agreement
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Items INVEST IN CANADA HUB Investir au Canada
– Program expenditures LEADERS’ DEBATES COMMISSION Commission des débats des chefs
– Program expenditures LIBRARY AND ARCHIVES OF CANADA Bibliothèque et Archives du Canada
– Operating expenditures – Contributions
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela it incurs in that fiscal year — revenues that it receives in
(a) the provision of access to the collection and the r als from the collection; and
(b) the provision of internal support services under s 5
– Capital expenditures LIBRARY OF PARLIAMENT Bibliothèque du Parlement
– Program expenditures
– Authority to expend revenues that it receives in the fisca activities MARINE ATLANTIC INC. Marine Atlantique S.C.C. 1
– Payments to the corporation in respect of the costs of its – Payments to the corporation for capital expenditures
– Payments to the corporation for transportation services, transportation services between Nova Scotia and Newf Labrador and related vessels, terminals and infrastructu MILITARY GRIEVANCES EXTERNAL REVIEW COMMITTEE Comité externe d’examen des griefs militaires 1
– Program expenditures
MILITARY POLICE COMPLAINTS COMMISSION Commission d’examen des plaintes concernant la polic 1
– Program expenditures NATIONAL ARTS CENTRE CORPORATION Société du Centre national des Arts
– Payments to the Corporation for operating expenditures NATIONAL CAPITAL COMMISSION Commission de la capitale nationale
– Payments to the Commission for operating expenditure
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Items – Payments to the Commission for capital expenditures NATIONAL FILM BOARD Office national du film
– Program expenditures NATIONAL GALLERY OF CANADA Musée des beaux-arts du Canada
– Payments to the Gallery for operating and capital expen
– Payments to the Gallery for the acquisition of objects fo lated costs NATIONAL MUSEUM OF SCIENCE AND TECHNOLOGY Musée national des sciences et de la technologie
– Payments to the Museum for operating and capital expe NATIONAL RESEARCH COUNCIL OF CANADA Conseil national de recherches du Canada
– Operating expenditures
– Capital expenditures
– The grants listed in any of the Estimates for the fiscal ye
– Contributions, including the provision of goods and serv tional Thirty Meter Telescope Observatory
NATIONAL SECURITY AND INTELLIGENCE REVIEW AGEN Secrétariat de l’Office de surveillance des activités en m nationale et de renseignement 1
– Program expenditures
NATURAL SCIENCES AND ENGINEERING RESEARCH COU Conseil de recherches en sciences naturelles et en géni 1
– Operating expenditures
– The grants listed in any of the Estimates for the fiscal ye NORTHERN PIPELINE AGENCY Administration du pipe-line du Nord
– Program expenditures – Contributions OFFICE OF INFRASTRUCTURE OF CANADA Bureau de l’infrastructure du Canada
– Operating expenditures
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro ra than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under sec ment of Canada Act, to ministers of State who preside o
– Capital expenditures
– The grants listed in any of the Estimates for the fiscal ye
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Items – Contributions OFFICE OF THE AUDITOR GENERAL Bureau du vérificateur général
– Program expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela it incurs in that fiscal year — revenues that it receives in
(a) the provision of audit professional services to me an Council of Legislative Auditors; and
(b) the inquiries conducted under section 11 of the A OFFICE OF THE CHIEF ELECTORAL OFFICER Bureau du directeur général des élections 1
– Program expenditures OFFICE OF THE COMMISSIONER FOR FEDERAL JUDICIAL Bureau du commissaire à la magistrature fédérale
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp in that fiscal year — revenues that it receives in that fisc sion of administrative services and judicial training serv
– Remuneration, allowances and expenses for judges, inc of the Supreme Court of Yukon, the Supreme Court of t ries and the Nunavut Court of Justice, not provided for 5
– Operating expenditures — Canadian Judicial Council OFFICE OF THE COMMISSIONER OF LOBBYING Commissariat au lobbying
– Program expenditures
OFFICE OF THE COMMISSIONER OF OFFICIAL LANGUAGE Commissariat aux langues officielles 1
– Program expenditures
OFFICE OF THE CONFLICT OF INTEREST AND ETHICS COM Bureau du commissaire aux conflits d’intérêts et à l’éth 1
– Program expenditures
OFFICE OF THE CORRECTIONAL INVESTIGATOR OF CANA Bureau de l’enquêteur correctionnel du Canada 1
– Program expenditures OFFICE OF THE DIRECTOR OF PUBLIC PROSECUTIONS Bureau du directeur des poursuites pénales
– Program expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp in that fiscal year — revenues that it receives in that fisc
(a) the provision of prosecution and prosecution-rela
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(b) the provision to Crown corporations, non-federal ternational organizations of optional prosecution an services that are consistent with the Office’s mandat
(c) the provision of internal support services under s OFFICE OF THE GOVERNOR GENERAL’S SECRETARY Bureau du secrétaire du gouverneur général 1
– Program expenditures
– Expenditures incurred for former Governors General, in for their spouses, during their lifetimes and for a period following their deaths, in respect of the performance of volve on them as a result of their having occupied the o eral OFFICE OF THE INTELLIGENCE COMMISSIONER Bureau du commissaire au renseignement 1
– Program expenditures OFFICE OF THE PARLIAMENTARY BUDGET OFFICER Bureau du directeur parlementaire du budget
– Program expenditures
OFFICE OF THE PUBLIC SECTOR INTEGRITY COMMISSION Commissariat à l’intégrité du secteur public 1
– Program expenditures – Contributions OFFICE OF THE SENATE ETHICS OFFICER Bureau du conseiller sénatorial en éthique
– Program expenditures
OFFICE OF THE SUPERINTENDENT OF FINANCIAL INSTITU Bureau du surintendant des institutions financières 1
– Program expenditures
OFFICES OF THE INFORMATION AND PRIVACY COMMISS Commissariats à l’information et à la protection de la vi 1 5
– Program expenditures — Office of the Information Com
– Program expenditures — Office of the Privacy Commiss – Contributions — Office of the Privacy Commissioner
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela it incurs in that fiscal year — revenues that it receives in the provision of internal support services under section PARLIAMENTARY PROTECTIVE SERVICE Service de protection parlementaire 1
– Program expenditures
– Authority to expend revenues that it receives during the from its activities
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PAROLE BOARD OF CANADA Commission des libérations conditionnelles du Canada 1
– Program expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp in that fiscal year — revenues that it receives in that fisc sion of services to process record suspension applicatio victed of offences under federal Acts and regulations PATENTED MEDICINE PRICES REVIEW BOARD Conseil d’examen du prix des médicaments brevetés 1
– Program expenditures PRIVY COUNCIL OFFICE Bureau du Conseil privé
– Program expenditures, including
(a) operating expenditures of Commissions of Inquir vided for;
(b) contributions in respect of costs incurred by pers Commissions of Inquiry; and (c) the operation of the Prime Minister’s residence
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela it incurs in that fiscal year — revenues that it receives in
(a) the provision of intelligence analysis training; and
(b) the provision of internal support services under s
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro ra than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under sec ment of Canada Act, to ministers of State who preside o PUBLIC HEALTH AGENCY OF CANADA Agence de la santé publique du Canada 1
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp in that fiscal year — revenues that it receives in that fisc of products, the provision of inspection services and the support services under section 29.2 of that Act 5 10
– Capital expenditures
– The grants listed in any of the Estimates for the fiscal ye – Contributions PUBLIC SERVICE COMMISSION Commission de la fonction publique
– Program expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp
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in that fiscal year — revenues that it receives in that fisc sion of staffing, assessment and counselling services an provision of internal support services under section 29. REGISTRAR OF THE SUPREME COURT OF CANADA Registraire de la Cour suprême du Canada 1
– Program expenditures ROYAL CANADIAN MOUNTED POLICE Gendarmerie royale du Canada
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela it incurs in that fiscal year — revenues that it receives in cluding from the provision of internal support services that Act 5
– Capital expenditures
– The grants listed in any of the Estimates for the fiscal ye amount listed for any grant may be increased or decrea proval of the Treasury Board – Contributions
ROYAL CANADIAN MOUNTED POLICE EXTERNAL REVIEW Comité externe d’examen de la Gendarmerie royale du 1
– Program expenditures
SECRETARIAT OF THE NATIONAL SECURITY AND INTELL OF PARLIAMENTARIANS Secrétariat du Comité des parlementaires sur la sécurité renseignement 1
– Program expenditures SENATE Sénat
– Program expenditures, including payments in respect o Senators’ offices and an allowance in lieu of residence t Senate – Contributions
– Authority to expend revenues that it receives during the from its activities SHARED SERVICES CANADA Services partagés Canada 1
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp in that fiscal year from the provision of information tech the Shared Services Canada Act — revenues that it rece from the provision of those services 5
– Capital expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset cap it incurs in that fiscal year — revenues that it receives in
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the provision of information technology services under Canada Act
SOCIAL SCIENCES AND HUMANITIES RESEARCH COUNC Conseil de recherches en sciences humaines 1
– Operating expenditures
– The grants listed in any of the Estimates for the fiscal ye STANDARDS COUNCIL OF CANADA Conseil canadien des normes
– Payments to the Council that are referred to in paragrap Council of Canada Act STATISTICS CANADA Statistique Canada
– Program expenditures
– The grants listed in any of the Estimates for the fiscal ye
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela it incurs in that fiscal year — revenues that it receives in cluding from the provision of internal support services that Act TELEFILM CANADA Téléfilm Canada 1
– Payments to the corporation to be used for the purpose film Canada Act THE JACQUES-CARTIER AND CHAMPLAIN BRIDGES INC. Les Ponts Jacques-Cartier et Champlain Inc.
– Payments to the corporation to be applied in payment o penditures over its revenues (exclusive of depreciation and reserves) in the operation of the Jacques-Cartier an the Champlain Bridge Ice Control Structure, the Meloch des Soeurs Bypass Bridge and the federal sections of th Bridge and of the Bonaventure Expressway THE NATIONAL BATTLEFIELDS COMMISSION Commission des champs de bataille nationaux
– Program expenditures TREASURY BOARD SECRETARIAT Secrétariat du Conseil du Trésor
– Program expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp in that fiscal year — revenues that it receives in that fisc sion of internal support services under section 29.2 of th other activities
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro ra than a year — that does not exceed the salary paid und
Chapter 15: Appropriation Act No. 4, 2020–21 SCHEDULE 1
Vote No.
Items
rounded down to the nearest hundred dollars under sec ment of Canada Act, to ministers of State who preside o 5
Government Contingencies – Authority granted to the Treasury Board to supplement tion
– Authority granted to the Treasury Board to provide for m or unforeseen expenditures not otherwise provided for provision of new grants and contributions or for increas grants listed in any of the Estimates for the fiscal year — penditures are within the legal mandate of the departm tions for which they are made
– Authority to reuse any sums allotted and repaid to this a other appropriations 10
Government-wide Initiatives
– Authority granted to the Treasury Board to supplement tion for the fiscal year in support of the implementation ment initiatives in the federal public administration 20
Public Service Insurance
– Payments, in respect of insurance, pension or benefit pr rangements, or in respect of the administration of such ments, including premiums, contributions, benefits, fee tures made in respect of the federal public administratio and in respect of any other persons that the Treasury B
– Authority to expend any revenues or other amounts tha of insurance, pension or benefit programs or other arra
(a) to offset premiums, contributions, benefits, fees a in respect of those programs or arrangements; and
(b) to provide for the return to eligible employees of under subsection 96(3) of the Employment Insurance 25
Operating Budget Carry Forward
– Authority granted to the Treasury Board to supplement tion for the fiscal year by reason of the operating budge the previous fiscal year 30
Paylist Requirements – Authority granted to the Treasury Board to supplement tion for the fiscal year for
(a) requirements related to parental and maternity a
(b) entitlements on cessation of service or employm
(c) adjustments that have not been provided from Vo Adjustments, made to terms and conditions of servi the federal public administration, including the Roya Police, as well as of members of the Canadian Force 35
Capital Budget Carry Forward
– Authority granted to the Treasury Board to supplement tion for the fiscal year by reason of the capital budget c previous fiscal year VETERANS REVIEW AND APPEAL BOARD Tribunal des anciens combattants (révision et appel) 1
– Program expenditures
Chapter 15: Appropriation Act No. 4, 2020–21 SCHEDULE 1
Vote No.
Items VIA RAIL CANADA INC. VIA Rail Canada Inc.
– Payments to the corporation in respect of the costs of its – Payments to the corporation for capital expenditures
– Payments to the corporation for the provision of rail pas Canada in accordance with contracts entered into pursu (c)(i) of Transport Vote 52d, Appropriation Act No. 1, 19 WINDSOR-DETROIT BRIDGE AUTHORITY Autorité du pont Windsor-Détroit 1
– Payments to the Authority for the discharge of its mand Letters Patent and the Canada-Michigan Crossing Agree
Chapter 15: Appropriation Act No. 4, 2020–21 SCHEDULE 1 (French)
ANNEXE 1
D’après le Budget principal des dépenses 2020-2021, la somme postes figurant à la présente annexe (118 734 503 548 $), moins le la Loi de crédits no 1 pour 2020-2021 (42 294 700 170 $) et par la Lo
Sommes accordées par la présente loi à Sa Majesté pour l’exercice dées. No du crédit
Postes
ADMINISTRATION CANADIENNE DE LA SÛRETÉ DU T Canadian Air Transport Security Authority 1
– Paiements à l’Administration pour les dépenses de dépenses en capital ADMINISTRATION DU PIPE-LINE DU NORD Northern Pipeline Agency
– Dépenses du programme – Contributions
AGENCE CANADIENNE DE DÉVELOPPEMENT ÉCONO Canadian Northern Economic Development Agenc 1
– Dépenses de fonctionnement
– Subventions inscrites à tout budget des dépenses p – Contributions AGENCE CANADIENNE D’ÉVALUATION D’IMPACT Impact Assessment Agency of Canada
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re de celui-ci qui proviennent de ce qui suit :
a) la réalisation d’évaluations par une commissi b) la formation;
c) la prestation de services de soutien internes e de cette loi. 5
– Subventions inscrites à tout budget des dépenses p – Contributions
AGENCE CANADIENNE D’INSPECTION DES ALIMENT Canadian Food Inspection Agency 1
– Dépenses de fonctionnement
– Subventions inscrites à tout budget des dépenses p – Contributions 5
– Dépenses en capital
AGENCE DE DÉVELOPPEMENT ÉCONOMIQUE DU CA RÉGIONS DU QUÉBEC Economic Development Agency of Canada for the 1
– Dépenses de fonctionnement
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u
Chapter 15: Appropriation Act No. 4, 2020–21 SCHEDULE 1 (French)
No du crédit
Postes
d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5
– Subventions inscrites à tout budget des dépenses p – Contributions AGENCE DE LA SANTÉ PUBLIQUE DU CANADA Public Health Agency of Canada
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re de celui-ci qui proviennent de la vente de produits, vices d’inspection et de la prestation de services de vertu de l’article 29.2 de cette loi 5
– Dépenses en capital
– Subventions inscrites à tout budget des dépenses p – Contributions
AGENCE DE PROMOTION ÉCONOMIQUE DU CANADA Atlantic Canada Opportunities Agency 1
– Dépenses de fonctionnement
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5
– Subventions inscrites à tout budget des dépenses p – Contributions
AGENCE FÉDÉRALE DE DÉVELOPPEMENT ÉCONOMIQ L’ONTARIO Federal Economic Development Agency for Southe 1
– Dépenses de fonctionnement
– Subventions inscrites à tout budget des dépenses p – Contributions AGENCE SPATIALE CANADIENNE Canadian Space Agency
– Dépenses de fonctionnement
– Dépenses en capital
– Subventions inscrites à tout budget des dépenses p – Contributions
Chapter 15: Appropriation Act No. 4, 2020–21 SCHEDULE 1 (French)
No du crédit
Postes AUTORITÉ DU PONT WINDSOR-DÉTROIT Windsor-Detroit Bridge Authority
– Paiements à l’Autorité pour l’exécution de son man ses lettres patentes et à l’Accord sur le passage Ca BIBLIOTHÈQUE DU PARLEMENT Library of Parliament
– Dépenses du programme
– Autorisation de dépenser les recettes perçues au co proviennent de ses activités BIBLIOTHÈQUE ET ARCHIVES DU CANADA Library and Archives of Canada 1
– Dépenses de fonctionnement – Contributions
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer çues au cours de celui-ci qui proviennent de ce qui
a) les droits d’accès à la collection et les frais de ments de celle-ci;
b) la prestation de services de soutien internes e de cette loi. 5
– Dépenses en capital
BUREAU CANADIEN D’ENQUÊTE SUR LES ACCIDENT DE LA SÉCURITÉ DES TRANSPORTS Canadian Transportation Accident Investigation an 1
– Dépenses du programme
BUREAU DE L’ENQUÊTEUR CORRECTIONNEL DU CA Office of the Correctional Investigator of Canada 1
– Dépenses du programme BUREAU DE L’INFRASTRUCTURE DU CANADA Office of Infrastructure of Canada
– Dépenses de fonctionnement
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5
– Dépenses en capital
– Subventions inscrites à tout budget des dépenses p – Contributions
BUREAU DU COMMISSAIRE À LA MAGISTRATURE FÉ Office of the Commissioner for Federal Judicial Aff 1
– Dépenses de fonctionnement
Chapter 15: Appropriation Act No. 4, 2020–21 SCHEDULE 1 (French)
No du crédit
Postes
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re de celui-ci qui proviennent de la prestation de serv la formation judiciaire
– Traitements, indemnités et dépenses pour les juges adjoints de la Cour suprême du Yukon, de la Cour s du Nord-Ouest et de la Cour de justice du Nunavut sur les juges 5
– Dépenses de fonctionnement — Conseil canadien d BUREAU DU COMMISSAIRE AU RENSEIGNEMENT Office of the Intelligence Commissioner
– Dépenses du programme
BUREAU DU COMMISSAIRE AUX CONFLITS D’INTÉR Office of the Conflict of Interest and Ethics Commis 1
– Dépenses du programme
BUREAU DU CONSEILLER SÉNATORIAL EN ÉTHIQUE Office of the Senate Ethics Officer 1
– Dépenses du programme BUREAU DU CONSEIL PRIVÉ Privy Council Office
– Dépenses du programme, y compris :
a) les dépenses de fonctionnement des commis prévues;
b) les contributions relatives aux frais engagés p paraissant devant des commissions d’enquête;
c) le fonctionnement de la résidence du premier
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer çues au cours de celui-ci qui proviennent de ce qui
a) la formation en matière d’analyse du renseig
b) la prestation de services de soutien internes e de cette loi.
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada
BUREAU DU DIRECTEUR DES POURSUITES PÉNALES Office of the Director of Public Prosecutions 1
– Dépenses du programme
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re de celui-ci qui proviennent de ce qui suit :
Chapter 15: Appropriation Act No. 4, 2020–21 SCHEDULE 1 (French)
No du crédit
Postes
a) les services de poursuites et les services conn
b) les services de poursuites et les services conn mandat du Bureau — fournis de manière faculta d’État et à des organisations non fédérales ou in
c) les services de soutien internes fournis en ve cette loi. BUREAU DU DIRECTEUR GÉNÉRAL DES ÉLECTIONS Office of the Chief Electoral Officer 1
– Dépenses du programme
BUREAU DU DIRECTEUR PARLEMENTAIRE DU BUDG Office of the Parliamentary Budget Officer 1
– Dépenses du programme
BUREAU DU SECRÉTAIRE DU GOUVERNEUR GÉNÉRA Office of the Governor General’s Secretary 1
– Dépenses du programme
– Dépenses relatives aux anciens gouverneurs génér latives à leur conjoint, durant leur vie et pendant le décès, en lien avec l’exercice des attributions qui le de leurs fonctions de gouverneur général
BUREAU DU SURINTENDANT DES INSTITUTIONS FIN Office of the Superintendent of Financial Institution 1
– Dépenses du programme BUREAU DU VÉRIFICATEUR GÉNÉRAL Office of the Auditor General
– Dépenses du programme
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer çues au cours de celui-ci qui proviennent de ce qui
a) les services professionnels de vérification aux canadien des vérificateurs législatifs;
b) les enquêtes effectuées au titre de l’article 11 teur général.
CENTRE CANADIEN D’HYGIÈNE ET DE SÉCURITÉ AU Canadian Centre for Occupational Health and Safet 1
– Dépenses du programme
CENTRE D’ANALYSE DES OPÉRATIONS ET DÉCLARA DU CANADA Financial Transactions and Reports Analysis Centre 1
– Dépenses du programme
CENTRE DE LA SÉCURITÉ DES TÉLÉCOMMUNICATIO Communications Security Establishment 1
– Dépenses du programme
Chapter 15: Appropriation Act No. 4, 2020–21 SCHEDULE 1 (French)
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Postes
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re de celui-ci qui proviennent de ses activités, notamm services de soutien internes en vertu de l’article 29
CENTRE DE RECHERCHES POUR LE DÉVELOPPEMEN International Development Research Centre 1
– Paiements au Centre CHAMBRE DES COMMUNES House of Commons
– Dépenses du programme, notamment les paiemen ment des bureaux de circonscription des députés – Contributions
– Autorisation de dépenser les recettes perçues au co proviennent de ses activités
COMITÉ EXTERNE D’EXAMEN DE LA GENDARMERIE Royal Canadian Mounted Police External Review C 1
– Dépenses du programme
COMITÉ EXTERNE D’EXAMEN DES GRIEFS MILITAIRE Military Grievances External Review Committee 1
– Dépenses du programme
COMMISSARIAT À L’INTÉGRITÉ DU SECTEUR PUBLIC Office of the Public Sector Integrity Commissioner 1
– Dépenses du programme – Contributions COMMISSARIAT AU LOBBYING Office of the Commissioner of Lobbying
– Dépenses du programme COMMISSARIAT AUX LANGUES OFFICIELLES Office of the Commissioner of Official Languages
– Dépenses du programme
COMMISSARIATS À L’INFORMATION ET À LA PROTE PRIVÉE DU CANADA Offices of the Information and Privacy Commission 1
– Dépenses du programme — Commissariat à l’infor
– Dépenses du programme — Commissariat à la prot
– Contributions — Commissariat à la protection de la
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer çues au cours de celui-ci qui proviennent de la pres soutien internes en vertu de l’article 29.2 de cette lo
Chapter 15: Appropriation Act No. 4, 2020–21 SCHEDULE 1 (French)
No du crédit
Postes
COMMISSION CANADIENNE DES DROITS DE LA PER Canadian Human Rights Commission 1
– Dépenses du programme
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer perçues au cours de celui-ci qui proviennent de la p soutien internes en vertu de l’article 29.2 de cette lo COMMISSION CANADIENNE DES GRAINS Canadian Grain Commission 1
– Dépenses du programme
COMMISSION CANADIENNE DE SÛRETÉ NUCLÉAIRE Canadian Nuclear Safety Commission 1
– Dépenses du programme
– Subventions inscrites à tout budget des dépenses p – Contributions COMMISSION CANADIENNE DU LAIT Canadian Dairy Commission 1
– Dépenses du programme COMMISSION CANADIENNE DU TOURISME Canadian Tourism Commission
– Paiements à la Commission
COMMISSION CIVILE D’EXAMEN ET DE TRAITEMENT RELATIVES À LA GENDARMERIE ROYALE DU CAN Civilian Review and Complaints Commission for th Mounted Police 1
– Dépenses du programme COMMISSION DE LA CAPITALE NATIONALE National Capital Commission
– Paiements à la Commission pour les dépenses de f
– Paiements à la Commission pour les dépenses en c COMMISSION DE LA FONCTION PUBLIQUE Public Service Commission
– Dépenses du programme
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re de celui-ci qui proviennent de la fourniture de prod tion, d’évaluation et de counseling et de la prestati tien internes en vertu de l’article 29.2 de cette loi
COMMISSION DE L’IMMIGRATION ET DU STATUT DE Immigration and Refugee Board 1
– Dépenses du programme
Chapter 15: Appropriation Act No. 4, 2020–21 SCHEDULE 1 (French)
No du crédit
Postes
COMMISSION DES CHAMPS DE BATAILLE NATIONAU The National Battlefields Commission 1
– Dépenses du programme COMMISSION DES DÉBATS DES CHEFS Leaders’ Debates Commission
– Dépenses du programme
COMMISSION DES LIBÉRATIONS CONDITIONNELLES Parole Board of Canada 1
– Dépenses du programme
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re de celui-ci qui proviennent de la prestation de serv des demandes de suspension du casier présentées condamnées pour des infractions à des lois ou règ
COMMISSION D’EXAMEN DES PLAINTES CONCERNA MILITAIRE Military Police Complaints Commission 1
– Dépenses du programme COMMISSION DU DROIT D’AUTEUR Copyright Board
– Dépenses du programme
COMMISSION MIXTE INTERNATIONALE (SECTION CA International Joint Commission (Canadian Section) 1
– Dépenses du programme
– Dépenses de la section canadienne, y compris les t
– Dépenses relatives aux études, enquêtes et relevés mission en vertu du mandat international qui lui es
– Dépenses faites par la Commission en vertu de l’Ac les États-Unis relatif à la qualité de l’eau dans les G CONSEIL CANADIEN DES NORMES Standards Council of Canada 1
– Paiements au Conseil au titre de l’alinéa 5a) de la L dien des normes
CONSEIL DE LA RADIODIFFUSION ET DES TÉLÉCOMM CANADIENNES Canadian Radio-television and Telecommunication 1
– Dépenses du programme
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re de celui-ci au titre du Règlement de 2010 sur les dr tion, du Règlement de 1997 sur les droits de licence Règlement sur les droits relatifs aux télécommunic dans le cadre de ses autres activités, jusqu’à concu prouvés par le Conseil du Trésor
Chapter 15: Appropriation Act No. 4, 2020–21 SCHEDULE 1 (French)
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Postes
CONSEIL DE RECHERCHES EN SCIENCES HUMAINES Social Sciences and Humanities Research Council 1
– Dépenses de fonctionnement
– Subventions inscrites à tout budget des dépenses p
CONSEIL DE RECHERCHES EN SCIENCES NATURELLE Natural Sciences and Engineering Research Counc 1
– Dépenses de fonctionnement
– Subventions inscrites à tout budget des dépenses p CONSEIL DES ARTS DU CANADA Canada Council for the Arts
– Paiements au Conseil devant servir aux fins généra de la Loi sur le Conseil des Arts du Canada
CONSEIL D’EXAMEN DU PRIX DES MÉDICAMENTS B Patented Medicine Prices Review Board 1
– Dépenses du programme CONSEIL NATIONAL DE RECHERCHES DU CANADA National Research Council of Canada
– Dépenses de fonctionnement
– Dépenses en capital
– Subventions inscrites à tout budget des dépenses p
– Contributions, y compris la fourniture de biens et d vatoire international du Télescope de trente mètres ÉCOLE DE LA FONCTION PUBLIQUE DU CANADA Canada School of Public Service 1
– Dépenses du programme ÉNERGIE ATOMIQUE DU CANADA LIMITÉE Atomic Energy of Canada Limited
– Paiements à la société pour les dépenses de fonctio penses en capital GENDARMERIE ROYALE DU CANADA Royal Canadian Mounted Police
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer çues au cours de celui-ci qui proviennent notamme services de soutien internes en vertu de l’article 29 5
– Dépenses en capital
– Subventions inscrites à tout budget des dépenses p tant prévu pour chaque subvention pouvant être m l’approbation du Conseil du Trésor – Contributions
Chapter 15: Appropriation Act No. 4, 2020–21 SCHEDULE 1 (French)
No du crédit
Postes INSTITUTS DE RECHERCHE EN SANTÉ DU CANADA Canadian Institutes of Health Research
– Dépenses de fonctionnement
– Subventions inscrites à tout budget des dépenses p INVESTIR AU CANADA Invest in Canada Hub
– Dépenses du programme LES PONTS JACQUES-CARTIER ET CHAMPLAIN INC. The Jacques-Cartier and Champlain Bridges Inc.
– Paiements à la société à affecter au paiement de l’e sur ses revenus, exception faite de l’amortissemen des réserves, relativement à l’exploitation des pont Champlain, de l’estacade du pont Champlain, du tu pont de contournement de l’Île des Sœurs et des tr pont Honoré-Mercier et de l’autoroute Bonaventure MARINE ATLANTIQUE S.C.C. Marine Atlantic Inc.
– Paiements à la société pour les dépenses liées à sa
– Paiements à la société pour les dépenses en capital
– Paiements à la société pour les services de transpo de transport maritime entre la Nouvelle-Écosse et T dor, et les navires, terminaux et infrastructures con
MINISTÈRE DE LA CITOYENNETÉ ET DE L’IMMIGRAT Department of Citizenship and Immigration 1
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice pour l dans le cadre du programme « Expérience internat cettes perçues au cours de cet exercice qui provien ces services
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5 10
– Dépenses en capital
– Subventions inscrites à tout budget des dépenses p
– Contributions, y compris la fourniture de biens et d MINISTÈRE DE LA DÉFENSE NATIONALE Department of National Defence 1
– Dépenses de fonctionnement
– Autorisation de contracter, sous réserve d’affectatio sor, des engagements totalisant 35 739 116 105 $ à et 10 du ministère, quelle que soit l’année au cours tué tout paiement afférent à l’un ou l’autre de ces e
Chapter 15: Appropriation Act No. 4, 2020–21 SCHEDULE 1 (French)
No du crédit
Postes
est estimé qu’une tranche de 14 006 026 264 $ devie années à venir)
– Autorisation de faire des dépenses ou des avances serve des directives du Conseil du Trésor, à l’égard des particuliers, des sociétés, des organismes exté tères ou organismes fédéraux et d’autres administr rendus en leur nom – Paiements effectués dans le cadre :
a) de programmes de pension, d’assurance et d d’autres ententes pour les employés recrutés su Canada;
b) de l’administration de ces programmes ou en primes, contributions, avantages, frais et autres les employés recrutés sur place à l’extérieur du personnes déterminées par le Conseil du Trésor
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer çues au cours de celui-ci qui proviennent notamme services de soutien internes en vertu de l’article 29
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5
– Dépenses en capital
– Subventions inscrites à tout budget des dépenses p butions, y compris :
a) les montants versés à un bénéficiaire ou ce q ment pour : (i) la fourniture de biens ou de services, (ii) l’utilisation d’installations;
b) les contributions pouvant être approuvées pa conseil, aux termes de l’article 3 de la Loi de 195 fense, pour : (i) l’acquisition ou le transfert d’équipement
(ii) la fourniture de services aux fins de défen
(iii) l’acquisition ou le transfert de fourniture fins de défense. 15
– Paiements effectués dans le cadre :
a) de programmes d’assurance et d’avantages s tentes pour les militaires de la force régulière et des Forces canadiennes;
b) de l’administration de ces programmes ou en titre des primes, contributions, avantages socia penses engagés pour ces militaires et pour d’au nées par le Conseil du Trésor.
MINISTÈRE DE LA DIVERSIFICATION DE L’ÉCONOMIE CANADIEN Department of Western Economic Diversification 1
– Dépenses de fonctionnement
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Postes
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5
– Subventions inscrites à tout budget des dépenses p – Contributions
MINISTÈRE DE L’AGRICULTURE ET DE L’AGROALIME Department of Agriculture and Agri-Food 1
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re de celui-ci qui proviennent de ce qui suit :
a) les ententes de recherche concertée et les ser
b) les activités de pâturage et de reproduction d rages communautaires;
c) l’administration du programme « Agri-stabilit
d) la prestation de services de soutien internes e de cette loi.
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5
– Dépenses en capital
– Subventions inscrites à tout budget des dépenses p – Contributions MINISTÈRE DE LA JUSTICE Department of Justice
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re de celui-ci qui proviennent de ce qui suit :
a) les services juridiques fournis de manière ob et organismes fédéraux;
b) les services juridiques — conformes au mand nis de manière facultative à des sociétés d’État non fédérales ou internationales;
c) les services de soutien internes fournis en ve cette loi.
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé
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et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5
– Subventions inscrites à tout budget des dépenses p – Contributions MINISTÈRE DE LA SANTÉ Department of Health
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re de celui-ci qui proviennent de ce qui suit :
a) la prestation de services – ou la vente de prod santé, au bien-être et aux activités de réglemen
b) la prestation de services de soutien internes e de cette loi.
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5 10
– Dépenses en capital
– Subventions inscrites à tout budget des dépenses p – Contributions, sous forme de paiements en argent biens ou de services
MINISTÈRE DE LA SÉCURITÉ PUBLIQUE ET DE LA PR Department of Public Safety and Emergency Prepa 1
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer çues au cours de celui-ci qui proviennent notamme services de soutien internes en vertu de l’article 29
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5
– Subventions inscrites à tout budget des dépenses p – Contributions
MINISTÈRE DE L’EMPLOI ET DU DÉVELOPPEMENT SO Department of Employment and Social Developme 1
– Dépenses de fonctionnement
– Autorisation d’effectuer des dépenses recouvrables Régime de pensions du Canada et de la Loi sur l’as
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice
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dépenses connexes engagées au cours de cet exer çues au cours de celui-ci qui proviennent de ce qui
a) les services visant à aider les provinces à adm grammes provinciaux financés aux termes des pement du marché du travail;
b) les services de soutien internes fournis en ve cette loi;
c) tout montant facturé à une société d’État en v la Loi sur l’indemnisation des agents de l’État en litige pour les recours par subrogation pour les
d) la portion des coûts de litige découlant des rè mandes de réclamation auprès de tiers pour les nismes faits en vertu de la Loi sur l’indemnisatio
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5
– Subventions inscrites à tout budget des dépenses p – Contributions MINISTÈRE DE L’ENVIRONNEMENT Department of the Environment
– Dépenses de fonctionnement
– Autorisation au ministre de l’Environnement d’enga conseils dont les commissions peuvent avoir besoi des traitements déterminés par celles-ci
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer çues au cours de celui-ci qui proviennent de la pres soutien internes en vertu de lʼarticle 29.2 de cette lo services, de la vente de produits d’information, de d’accès ou de l’octroi de baux, de licences ou d’aut tamment :
a) les services de recherche, les services d’analy tifiques; b) les relevés hydrologiques; c) les services de réglementation;
d) les services de surveillance, notamment les a des sables bitumineux;
e) les droits d’accès à des biens immeubles fédé réels fédéraux; f) les permis;
g) les services relatifs à des biens immeubles fé réels fédéraux, notamment l’octroi de baux de s gnies pétrolières et gazières et l’octroi de licenc rage.
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé
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et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5
– Dépenses en capital
– Autorisation de faire des paiements aux provinces titre de contributions aux travaux de construction e nistrations
– Autorisation de faire des avances recouvrables ne d des frais de projets conjoints assumée par des orga des organismes de l’extérieur, y compris les dépen propriétés n’appartenant pas au gouvernement féd 10
– Subventions inscrites à tout budget des dépenses p
– Contributions, y compris celles aux pays en dévelo multilatéral pour l’application du Protocole de Mon paiements en argent ou de fourniture de biens, d’é vices MINISTÈRE DE L’INDUSTRIE Department of Industry 1
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re de celui-ci qui proviennent de ce qui suit :
a) la prestation de services de soutien internes e de cette loi et de services de soutien internes à intellectuelle du Canada;
b) les activités liées aux recherches sur les com de recherches sur les communications;
c) les services et la procédure d’insolvabilité, au lite et l’insolvabilité, au Bureau du surintendant
d) les activités de Corporations Canada au titre les sociétés par actions, de la Loi sur les chamb Loi canadienne sur les coopératives et de la Loi ganisations à but non lucratif;
e) les services et la procédure réglementaire au rence pour les fusions et toute chose s’y rappor préalables à une fusion, les certificats de décisio consultatifs au titre de la Loi sur la concurrence
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5 10
– Dépenses en capital
– Subventions inscrites à tout budget des dépenses p – Contributions
L15
– Paiements effectués en vertu du paragraphe 14(2) d de l’Industrie
L20
– Prêts effectués en vertu de l’alinéa 14(1)a) de la Loi dustrie
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MINISTÈRE DES AFFAIRES ÉTRANGÈRES, DU COMM DÉVELOPPEMENT Department of Foreign Affairs, Trade and Developm 1
– Dépenses de fonctionnement, y compris celles liées présentants du Canada à l’étranger, à leur personn affectés par le gouvernement canadien au personn tionaux
– Autorisation de faire des avances recouvrables à de tionaux jusqu’à concurrence de la valeur des action ces organismes
– Dépenses relatives aux locaux de l’Organisation de tionale
– Autorisation d’effectuer des dépenses recouvrables et résidents canadiens qui se trouvent en difficulté leurs personnes à charge, et pour rapatrier ces per
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer çues au cours de celui-ci qui proviennent de ce qui a) les foires commerciales et éducatives; b) les publications ministérielles; c) la prestation des services suivants :
(i) la formation offerte par l’Institut canadien
(ii) les missions commerciales et autres serv du commerce international,
(iii) les services de développement des inves
(iv) les services de télécommunication intern
(v) les autres services fournis à l’étranger à d ganismes, sociétés d’État et autres organisat (vi) les services consulaires spécialisés.
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5
– Dépenses en capital
– Subventions inscrites à tout budget des dépenses p
– Contributions, y compris les paiements à d’autres fi niture de biens et de services pour :
a) la promotion du commerce et de l’investissem
b) l’aide humanitaire internationale et l’aide fou curité internationale, le développement internat diale. 15
– Paiements effectués dans le cadre :
a) de programmes de pension, d’assurance et d d’autres ententes pour les employés recrutés su Canada;
b) de l’administration de ces programmes ou en primes, contributions, avantages, frais et autres les employés recrutés sur place à l’extérieur du personnes déterminées par le Conseil du Trésor
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– Aide financière fournie par le ministre des Affaires tion avec le ministre des Finances, à titre de contrib financières internationales pour l’exercice 2020-202 au paragraphe 12(2) de la Loi d’aide au développem tutions financières), ne dépasse pas 250 684 323 $
L25
– Achat d’actions d’institutions financières internatio 2020-2021 pour une somme d’au plus 7 337 000 $ U 10 640 000 $ CAN —, effectué en conformité avec le Loi d’aide au développement international (institut grâce à l’aide financière fournie par le ministre des consultation avec le ministre des Finances
L30
– Prêts effectués en vertu de l’alinéa 3(1)a) de la Loi s ternationale MINISTÈRE DES ANCIENS COMBATTANTS Department of Veterans Affairs
– Dépenses de fonctionnement
– Dépenses afférentes à l’entretien des biens immeub compris celles relatives à des travaux de génie et d qui n’ajoutent aucune valeur tangible au bien ainsi taxes, assurances et services publics
– Sous réserve de l’approbation du gouverneur en co rentes :
a) aux travaux de réparation nécessaires sur de en vertu de contrats particuliers à prix ferme et à la Loi sur les terres destinées aux anciens com ch. V-4), afin de corriger des défectuosités dont ni l’entrepreneur ne peuvent être tenus financiè
b) à tout autre travail qui s’impose sur d’autres vegarder le droit ou l’intérêt que le directeur po propriétés.
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5
– Subventions inscrites à tout budget des dépenses p tant inscrit à chacune des subventions pouvant être de l’approbation du Conseil du Trésor – Contributions
MINISTÈRE DES FEMMES ET DE L’ÉGALITÉ DES GEN Department for Women and Gender Equality 1
– Dépenses de fonctionnement
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5
– Subventions inscrites à tout budget des dépenses p – Contributions
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Postes MINISTÈRE DES FINANCES Department of Finance
– Dépenses du programme – Contributions
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer çues au cours de celui-ci qui proviennent de la pres soutien internes en vertu de l’article 29.2 de cette lo
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5
– Aide financière fournie par le ministre des Finances tionale de développement, en vertu du paragraphe cords de Bretton Woods et des accords connexes, ments directs n’excédant pas, au total, 423 240 000 2020-2021 MINISTÈRE DES PÊCHES ET DES OCÉANS Department of Fisheries and Oceans
– Dépenses de fonctionnement
– Participation du Canada aux dépenses des commis des pêches
– Autorisation de fournir gratuitement des locaux aux tionales des pêches
– Autorisation de faire des avances recouvrables équ de la quote-part de ces commissions dans les prog
– Autorisation de faire des avances recouvrables pou port et d’arrimage et d’autres services de la marine des particuliers, à des organismes indépendants et ments en lien avec l’exercice de sa compétence en y compris les aides à la navigation et à la navigatio
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re de celui-ci qui proviennent de ce qui suit : a) les activités de la Garde côtière canadienne;
b) la prestation de services de soutien internes e de cette loi.
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5
– Dépenses en capital
– Autorisation de faire des paiements aux provinces, des autorités locales ou privées à titre de contribut construction entrepris par ces administrations ou a
– Autorisation d’acheter des bateaux de pêche comm
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Postes
– Subventions inscrites à tout budget des dépenses p – Contributions
MINISTÈRE DES RELATIONS COURONNE-AUTOCHTO DU NORD Department of Crown-Indigenous Relations and No 1
– Dépenses de fonctionnement
– Dépenses relatives aux ouvrages, bâtiments et mat
– Autorisation d’effectuer des dépenses — recouvrab aux travaux effectués sur des propriétés n’apparten ment fédéral et aux services fournis à l’égard de ce
– Autorisation d’affecter des fonds dans le cadre d’ac grès économique des Indiens et des Inuits, relative la capacité des Indiens et des Inuits et à l’approvisi et en matériel
– Autorisation de vendre de l’électricité, conforméme prouvées par le gouverneur en conseil, aux consom particuliers vivant dans des centres éloignés lorsqu accès aux sources alternatives locales d’approvisio
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer çues au cours de celui-ci qui proviennent de la pres soutien internes en vertu de l’article 29.2 de cette lo
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5
– Dépenses en capital
– Dépenses relatives aux bâtiments, ouvrages, terrain gestion, le contrôle et la propriété peuvent être tran
a) soit aux gouvernements provinciaux, selon le vées par le gouverneur en conseil;
b) soit à des bandes indiennes ou à des Indiens culier, à la discrétion du ministre des Relations
– Dépenses relatives aux bâtiments, ouvrages, terrain à l’égard de propriétés n’appartenant pas au gouve
– Autorisation d’effectuer des dépenses recouvrables dépassant pas la part des frais assumés par les gou ciaux pour des routes et ouvrages connexes 10
– Subventions inscrites à tout budget des dépenses p – Contributions
L15
– Prêts à des revendicateurs autochtones, conformém prouvées par le gouverneur en conseil, pour le paie aux revendications autochtones (recherche, négoci documents) MINISTÈRE DES RESSOURCES NATURELLES Department of Natural Resources
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice
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dépenses engagées au cours de cet exercice, les re de celui-ci qui proviennent de ce qui suit :
a) la vente de produits d’information et de prod
b) la délivrance de licences, de permis et de cer sur les explosifs et du Règlement de 2013 sur le
c) la formation et les attestations de formation l ment visés à l’alinéa b);
d) la perception, dans le cadre des activités du m des services de recherche, de consultation, d’év d’administration et pour l’accès à des travaux d
e) la prestation de services de soutien internes e de la Loi sur la gestion des finances publiques.
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5
– Dépenses en capital
– Subventions inscrites à tout budget des dépenses p – Contributions MINISTÈRE DES SERVICES AUX AUTOCHTONES Department of Indigenous Services
– Dépenses de fonctionnement
– Dépenses relatives aux ouvrages, bâtiments et mat
– Autorisation d’effectuer des dépenses — recouvrab aux travaux effectués sur des propriétés n’apparten ment fédéral et aux services fournis à l’égard de ce
– Autorisation d’affecter des fonds dans le cadre d’ac grès économique des Indiens et des Inuits, relative la capacité des Indiens et des Inuits et à l’approvisi et en matériel
– Autorisation de vendre de l’électricité, conforméme prouvées par le gouverneur en conseil, aux consom particuliers vivant dans des centres éloignés lorsqu accès aux sources alternatives locales d’approvisio
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer çues au cours de celui-ci qui proviennent de ce qui
a) la prestation de services ou la vente de produ protection de la santé et aux services médicaux
b) la prestation de services de soutien internes e de cette loi.
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5
– Dépenses en capital
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– Dépenses relatives aux bâtiments, ouvrages, terrain gestion, le contrôle et la propriété peuvent être tran
a) soit aux gouvernements provinciaux, selon le vées par le gouverneur en conseil;
b) soit à des bandes indiennes ou à des Indiens culier, à la discrétion du ministre des Services a
– Dépenses relatives aux bâtiments, ouvrages, terrain à l’égard de propriétés n’appartenant pas au gouve
– Autorisation d’effectuer des dépenses recouvrables dépassant pas la part des frais assumés par les gou ciaux pour des routes et ouvrages connexes 10
– Subventions inscrites à tout budget des dépenses p – Contributions, sous forme de paiements en argent biens ou de services MINISTÈRE DES TRANSPORTS Department of Transport
– Dépenses de fonctionnement
– Autorisation d’engager des dépenses pour des bien dans le cadre de l’exercice d’une compétence en m
– Autorisation de payer des commissions pour le rec en vertu de la Loi sur l’aéronautique
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re de celui-ci qui proviennent notamment de la presta tien internes en vertu de l’article 29.2 de cette loi
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5
– Dépenses en capital
Subventions et contributions — Réseau de transport e
– Subventions inscrites à tout budget des dépenses p – Contributions 15
Subventions et contributions — Réseau de transport é
– Subventions inscrites à tout budget des dépenses p – Contributions 20
Subventions et contributions — Réseau de transport s
– Subventions inscrites à tout budget des dépenses p – Contributions
MINISTÈRE DES TRAVAUX PUBLICS ET DES SERVICE GOUVERNEMENTAUX Department of Public Works and Government Serv 1
– Dépenses de fonctionnement pour la prestation de locaux et de services communs et centraux
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– Autorisation d’effectuer des dépenses recouvrables Régime de pensions du Canada, de la Loi sur l’assu Loi sur l’administration des biens saisis
– Autorisation de dépenser les recettes perçues au co proviennent de la prestation de services de gestion vices communs et centraux
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re de celui-ci qui proviennent notamment de la presta tien internes en vertu de l’article 29.2 de cette loi
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5
– Dépenses en capital, y compris les dépenses relativ autres que des biens fédéraux
– Autorisation d’effectuer des remboursements à des fédéraux ou de biens réels fédéraux relativement à ceux-ci autorisées par le ministre des Travaux publ vernementaux MINISTÈRE DU PATRIMOINE CANADIEN Department of Canadian Heritage 1
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re de celui-ci qui proviennent de ce qui suit :
a) les activités de l’Institut canadien de conserva dien d’information sur le patrimoine et du Burea produits audiovisuels canadiens;
b) les activités afférentes au programme « Expé
c) la prestation de services de soutien internes e de cette loi.
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5
– Subventions inscrites à tout budget des dépenses p – Contributions MUSÉE CANADIEN DE LA NATURE Canadian Museum of Nature
– Paiements au Musée pour les dépenses de fonction en capital
Chapter 15: Appropriation Act No. 4, 2020–21 SCHEDULE 1 (French)
No du crédit
Postes MUSÉE CANADIEN DE L’HISTOIRE Canadian Museum of History
– Paiements au Musée pour les dépenses de fonction en capital MUSÉE CANADIEN DE L’IMMIGRATION DU QUAI 21 Canadian Museum of Immigration at Pier 21
– Paiements au Musée pour les dépenses de fonction en capital MUSÉE CANADIEN DES DROITS DE LA PERSONNE Canadian Museum for Human Rights
– Paiements au Musée pour les dépenses de fonction en capital MUSÉE DES BEAUX-ARTS DU CANADA National Gallery of Canada
– Paiements au Musée pour les dépenses de fonction en capital
– Paiements au Musée à l’égard de l’acquisition d’ob Musée et des frais connexes
MUSÉE NATIONAL DES SCIENCES ET DE LA TECHNO National Museum of Science and Technology 1
– Paiements au Musée pour les dépenses de fonction en capital OFFICE DES TRANSPORTS DU CANADA Canadian Transportation Agency
– Dépenses du programme OFFICE NATIONAL DU FILM National Film Board
– Dépenses du programme
ORGANISATION CANADIENNE D’ÉLABORATION DE N D’ACCESSIBILITÉ Canadian Accessibility Standards Development Org 1 5
– Dépenses de fonctionnement
– Subventions inscrites à tout budget des dépenses p – Contributions RÉGIE CANADIENNE DE L’ÉNERGIE Canadian Energy Regulator
– Dépenses du programme – Contributions
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re de celui-ci qui proviennent de la prestation de serv en vertu de l’article 29.2 de cette loi
Chapter 15: Appropriation Act No. 4, 2020–21 SCHEDULE 1 (French)
No du crédit
Postes REGISTRAIRE DE LA COUR SUPRÊME DU CANADA Registrar of the Supreme Court of Canada
– Dépenses du programme
SECRÉTARIAT DE L’OFFICE DE SURVEILLANCE DES A DE SÉCURITÉ NATIONALE ET DE RENSEIGNEMEN National Security and Intelligence Review Agency S 1
– Dépenses du programme
SECRÉTARIAT DES CONFÉRENCES INTERGOUVERNE CANADIENNES Canadian Intergovernmental Conference Secretaria 1
– Dépenses du programme
SECRÉTARIAT DU COMITÉ DES PARLEMENTAIRES S NATIONALE ET LE RENSEIGNEMENT Secretariat of the National Security and Intelligence Parliamentarians 1
– Dépenses du programme SECRÉTARIAT DU CONSEIL DU TRÉSOR Treasury Board Secretariat
– Dépenses du programme
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re de celui-ci qui proviennent de la prestation de serv en vertu de l’article 29.2 de cette loi et de ses autre
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5
Dépenses éventuelles du gouvernement
– Autorisation donnée au Conseil du Trésor d’augme
– Autorisation donnée au Conseil du Trésor de payer urgentes ou imprévues — auxquelles il n’est pas p notamment pour lʼoctroi de nouvelles subventions l’augmentation du montant de toute subvention pr des dépenses pour l’exercice, dans la mesure où ce conformes au mandat du ministère ou de l’organis sont effectuées
– Autorisation de réemployer les sommes affectées à d’autres crédits et versées au présent crédit 10
Initiatives pangouvernementales
– Autorisation donnée au Conseil du Trésor d’augme pour l’exercice, pour appuyer la mise en œuvre d’in dans l’administration publique fédérale en matière 20
Assurances de la fonction publique
– À l’égard de tout ou partie de la fonction publique e sonnes déterminées par le Conseil du Trésor, paiem cadre des programmes d’assurance, de pension, d d’autres ententes — ou de l’administration de ces p
Chapter 15: Appropriation Act No. 4, 2020–21 SCHEDULE 1 (French)
No du crédit
Postes
ententes —, notamment au titre des primes, contrib ciaux, frais et autres dépenses
– Autorisation d’affecter tous revenus ou toutes autre dans le cadre des programmes d’assurance, de pen ciaux ou d’autres ententes :
a) pour compenser notamment les primes, cont ciaux, frais et autres dépenses liés à ces program tentes;
b) pour rembourser les employés admissibles, e graphe 96(3) de la Loi sur l’assurance-emploi, p primes retenues. 25
Report du budget de fonctionnement
– Autorisation donnée au Conseil du Trésor d’augme pour l’exercice en raison du report de tout budget d l’exercice précédent 30
Besoins en matière de rémunération
– Autorisation donnée au Conseil du Trésor d’augme pour l’exercice pour : a) des prestations parentales et de maternité; b) des versements liés à la cessation de service
c) des rajustements apportés aux modalités de l’administration publique fédérale, notamment du Canada, et des membres des Forces canadie pourvus par le crédit 15, Rajustements à la rému 35
Report du budget des dépenses en capital
– Autorisation donnée au Conseil du Trésor d’augme pour l’exercice en raison du report de tout budget d de l’exercice précédent SÉNAT Senate 1
– Dépenses du programme, notamment les paiemen ment des bureaux des sénateurs et le versement d ment au président du Sénat au lieu de la mise à sa dence – Contributions
– Autorisation de dépenser les recettes perçues au co proviennent de ses activités
SERVICE ADMINISTRATIF DES TRIBUNAUX JUDICIAI Courts Administration Service 1
– Dépenses du programme
SERVICE CANADIEN D’APPUI AUX TRIBUNAUX ADM Administrative Tribunals Support Service of Canad 1
– Dépenses du programme
– Autorisation d’effectuer des dépenses recouvrables Régime de pensions du Canada et de la Loi sur l’as
SERVICE CANADIEN DU RENSEIGNEMENT DE SÉCUR Canadian Security Intelligence Service 1
– Dépenses du programme
Chapter 15: Appropriation Act No. 4, 2020–21 SCHEDULE 1 (French)
No du crédit
Postes SERVICE CORRECTIONNEL DU CANADA Correctional Service of Canada
– Dépenses de fonctionnement
– Subventions inscrites à tout budget des dépenses p – Contributions
– Autorisation de verser à la Caisse de bienfaisance d tirés, au cours de l’exercice, des activités des déten caisse
– Autorisation d’exploiter des cantines dans les établ de verser les recettes, au cours de l’exercice, à la C des détenus
– Paiements, selon les conditions fixées par le gouve
a) aux détenus libérés aux prises avec une incap tant de leur participation aux activités normales ments fédéraux ou pour le compte de tels déten
b) aux personnes à charge de détenus — libérés suite de leur participation à de telles activités.
– Autorisation au ministre de la Sécurité publique et sous réserve de l’approbation du gouverneur en co entente avec le gouvernement de toute province en
a) de l’incarcération, dans les établissements de sonnes condamnées ou transférées dans un pén
b) de l’indemnisation afférente à l’entretien de c
c) du paiement des frais de construction et d’au ces établissements. 5
– Dépenses en capital, notamment les paiements :
a) aux collectivités autochtones, au sens de l’art système correctionnel et la mise en liberté sous accord visé à l’article 81 de cette loi et prévoyan vices correctionnels;
b) aux organisations à but non lucratif prenant p tionnelles communautaires, aux provinces et au de contributions pour leurs travaux de construc SERVICE DE PROTECTION PARLEMENTAIRE Parliamentary Protective Service 1
– Dépenses du programme
– Autorisation de dépenser les recettes perçues au co proviennent de ses activités SERVICES PARTAGÉS CANADA Shared Services Canada 1
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice pour l de technologie de l’information au titre de la Loi su Canada, les recettes perçues au cours de celui-ci qu prestation de ces services 5
– Dépenses en capital
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses en capital engagées au cours de cet exer çues au cours de celui-ci qui proviennent de la pres
Chapter 15: Appropriation Act No. 4, 2020–21 SCHEDULE 1 (French)
No du crédit
Postes
technologie de l’information au titre de la Loi sur S Canada SOCIÉTÉ CANADIENNE DES POSTES Canada Post Corporation 1
– Paiements à la Société à des fins spéciales
SOCIÉTÉ CANADIENNE D’HYPOTHÈQUES ET DE LOG Canada Mortgage and Housing Corporation 1
– Paiements à la Société visant à la rembourser pour par elle sur les prêts consentis, les subventions et c les dépenses contractées, les pertes subies et les fr selon le cas : a) au titre de la Loi nationale sur l’habitation;
b) dans le cadre des attributions qui lui sont con loi fédérale et qu’elle exerce en conformité avec nadienne d’hypothèques et de logement. SOCIÉTÉ DU CENTRE NATIONAL DES ARTS National Arts Centre Corporation 1
– Paiements à la Société pour les dépenses de fonctio SOCIÉTÉ RADIO-CANADA Canadian Broadcasting Corporation
– Paiements à la Société pour les dépenses de fonctio
– Paiements à la Société pour le fonds de roulement
– Paiements à la Société pour les dépenses en capita
STATION CANADIENNE DE RECHERCHE DANS L’EXT Canadian High Arctic Research Station 1
– Dépenses du programme
– Subventions inscrites à tout budget des dépenses p – Contributions STATISTIQUE CANADA Statistics Canada 1
– Dépenses du programme
– Subventions inscrites à tout budget des dépenses p
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer çues au cours de celui-ci qui proviennent notamme services de soutien internes en vertu de l’article 29 TÉLÉFILM CANADA Telefilm Canada 1
– Paiements à la société devant servir aux fins prévue Canada
Chapter 15: Appropriation Act No. 4, 2020–21 SCHEDULE 1 (French)
No du crédit
Postes
TRIBUNAL DES ANCIENS COMBATTANTS (RÉVISION Veterans Review and Appeal Board 1
– Dépenses du programme VIA RAIL CANADA INC. VIA Rail Canada Inc.
– Paiements à la société pour les dépenses liées à sa
– Paiements à la société pour les dépenses en capital
– Paiements à la société en vue de la prestation d’un Canada, conformément aux contrats conclus en ve du crédit 52d (Transports) de la Loi no 1 de 1977 po dits
Chapter 15: Appropriation Act No. 4, 2020–21 SCHEDULE 2
SCHEDULE 2
Based on the Main Estimates 2020–21, the amount granted is $1,4 in this Schedule ($6,457,130,978) less the total of the interim app Act No. 1, 2020–21 ($1,614,282,747) and by Appropriation Act No
Sums granted to Her Majesty by this Act for the fiscal year endin following fiscal year ending March 31, 2022 and the purposes for w Vote No.
Items CANADA BORDER SERVICES AGENCY Agence des services frontaliers du Canada
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp in that fiscal year — revenues that it receives in that fisc
(a) fees, related to border operations, for the provisi use of a facility or for a product, right or privilege; a (b) payments received under contracts entered into 5
– Capital expenditures CANADA REVENUE AGENCY Agence du revenu du Canada
– Operating expenditures – Contributions
– Authority to make recoverable expenditures in relation the Canada Pension Plan and the Employment Insuranc 5
– Capital expenditures
– Authority to make recoverable expenditures in relation the Canada Pension Plan and the Employment Insuranc PARKS CANADA AGENCY Agence Parcs Canada 1
– Program expenditures – Capital expenditures
– The grants listed in any of the Estimates for the fiscal ye – Contributions, including
(a) expenditures on other than federal property; and
(b) payments to provinces and municipalities as con cost of undertakings carried out by those bodies 5
– Amounts credited to the New Parks and Historic Sites A es specified in subsection 21(3) of the Parks Canada Ag
Chapter 15: Appropriation Act No. 4, 2020–21 SCHEDULE 2 (French)
ANNEXE 2
D’après le Budget principal des dépenses 2020-2021, la somme acc figurant à la présente annexe (6 457 130 978 $), moins le total des crédits no 1 pour 2020-2021 (1 614 282 747 $) et par la Loi de crédit
Sommes accordées par la présente loi à Sa Majesté pour l’exercice en cours et à l’exercice suivant se terminant le 31 mars 2022, et fin No du crédit
Postes AGENCE DES SERVICES FRONTALIERS DU CANADA Canada Border Services Agency
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Loi su publiques, d’affecter, au cours de l’exercice, à la compe engagées au cours de cet exercice, les recettes perçues proviennent de ce qui suit :
a) les droits — liés aux activités à la frontière — perç d’un service, l’utilisation d’une installation, l’achat d cice d’un droit ou d’un privilège;
b) les paiements reçus au titre de contrats conclus p 5
– Dépenses en capital AGENCE DU REVENU DU CANADA Canada Revenue Agency
– Dépenses de fonctionnement – Contributions
– Autorisation d’effectuer des dépenses recouvrables liée gime de pensions du Canada et de la Loi sur l’assuranc 5
– Dépenses en capital
– Autorisation d’effectuer des dépenses recouvrables liée gime de pensions du Canada et de la Loi sur l’assuranc AGENCE PARCS CANADA Parks Canada Agency 1
– Dépenses du programme – Dépenses en capital – Subventions inscrites à tout budget des dépenses pour – Contributions, notamment :
a) les dépenses afférentes à des propriétés autres qu ment fédéral;
b) les paiements aux provinces et aux municipalités à l’égard des engagements assumés par ces dernièr 5
– Sommes créditées au Compte des nouveaux parcs et lie fins visées au paragraphe 21(3) de la Loi sur l’Agence P
Published under authority of the Speaker of the House of Commons 2020
Disponible sur le site Web de la Chambre des comm
|
Second Session, Forty-third Parliament, 69 Elizabeth II, 2020
STATUTES OF CANADA 2020
CHAPTER 14
An Act for granting to Her Majesty certain sums of money for the federal public administration for the fiscal year ending March 31, 2021
ASSENTED TO DECEMBER 10, 2020 BILL C-17
SUMMARY This enactment grants the sum of $20,874,356,291 towards defraying charges and expenses of the federal public administration for the fiscal year ending March 31, 2021 that are not otherwise provided for.
i
69 ELIZABETH II
CHAPTER 14
An Act for granting to Her Majesty certain sums of money for the federal public administration for the fiscal year ending March 31, 2021 [Assented to 10th December, 2020] MOST GRACIOUS SOVEREIGN, Preamble Whereas it appears by message from Her Excellency the Right Honourable Julie Payette, Governor General and Commander-in-Chief of Canada, and the Estimates accompanying that message, that the sums mentioned below are required to defray certain expenses of the federal public administration, not otherwise provided for, for the fiscal year ending March 31, 2021, and for other purposes connected with the federal public administration;
May it therefore please Your Majesty, that it may be enacted, and be it enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, that: Short title 1 This Act may be cited as the Appropriation Act No. 5,
2020–21. $20,874,356,291 granted for 2020–21 2 There may be paid out of the Consolidated Revenue
Fund a sum not exceeding in the aggregate $20,874,356,291 towards defraying the various charges and expenses of the federal public administration for the fiscal year ending March 31, 2021, not otherwise provided for, which is the total of the amounts of the items set out in the Supplementary Estimates (B) for that fiscal year as set out in Schedules 1 and 2.
Chapter 14: Appropriation Act No. 5, 2020–21 Sections 3-6
Transfers of appropriations 3 The transfers of appropriations set out in the Estimates referred to in section 2 are deemed to have been authorized on April 1, 2020. Purpose of each item 4 (1) The amount authorized by this Act to be paid in respect of an item may be paid only for the purposes, and subject to any terms and conditions, specified in the item. Effective date (2) The provisions of each item set out in Schedules 1
and 2 are deemed to have effect as of April 1, 2020. Adjustments in accounts of Canada — Schedule 1 5 An appropriation that is granted by this Act or any other Act and referred to in Schedule 1 may be charged after the end of the fiscal year for which the appropriation is granted at any time before the day on which the Public Accounts for that fiscal year are tabled in Parliament, for the purpose of making adjustments in the accounts of Canada for that fiscal year that do not require payments out of the Consolidated Revenue Fund.
Adjustments in accounts of Canada — Schedule 2 6 (1) An appropriation that is granted by this Act or any other Act and referred to in Schedule 2 may be charged after the end of the fiscal year following the fiscal year for which the appropriation is granted at any time before the day on which the Public Accounts for that second fiscal year are tabled in Parliament, for the purpose of making adjustments in the accounts of Canada for that second fiscal year that do not require payments out of the Consolidated Revenue Fund.
Order of payment (2) Despite any other provision of this Act, amounts appropriated by this Act and set out in Schedule 2 may be paid and applied at any time on or before March 31, 2022, so long as every payment is charged first against the relevant amount appropriated under any Act that is earliest in time until that amount is exhausted, next against the relevant amount appropriated under any other Act, including this Act, that is next in time until that amount is exhausted and so on. The balance of amounts so appropriated by this Act that have not been charged, subject to the adjustments referred to in section 37 of the Financial Administration Act, lapse at the end of the fiscal year following the fiscal year ending March 31, 2021.
Chapter 14: Appropriation Act No. 5, 2020–21 SCHEDULE 1
SCHEDULE 1
Based on the Supplementary Estimates (B), 2020–21, the amoun the items set out in this Schedule.
Sums granted to Her Majesty by this Act for the fiscal year ending Vote No.
Items
ATLANTIC CANADA OPPORTUNITIES AGENCY Agence de promotion économique du Canada atlantiqu 1b
– Operating expenditures
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 5b
– The grants listed in any of the Estimates for the fiscal ye – Contributions CANADA MORTGAGE AND HOUSING CORPORATION Société canadienne d’hypothèques et de logement
1b
– Payments to reimburse the Corporation for the amount grants, contributions and expenditures made, and losse curred, (a) under the National Housing Act; or
(b) in the course of the exercise of powers or the car functions conferred on the Corporation under any o accordance with the Corporation’s authority under t Housing Corporation Act
CANADIAN ACCESSIBILITY STANDARDS DEVELOPMENT Organisation canadienne d’élaboration de normes d’ac 1b
– Operating expenditures
CANADIAN AIR TRANSPORT SECURITY AUTHORITY Administration canadienne de la sûreté du transport aé 1b
– Payments to the Authority for operating and capital exp CANADIAN BROADCASTING CORPORATION Société Radio-Canada
1b
– Payments to the Corporation for operating expenditures
CANADIAN CENTRE FOR OCCUPATIONAL HEALTH AND S Centre canadien d’hygiène et de sécurité au travail 1b
– Program expenditures CANADIAN ENERGY REGULATOR Régie canadienne de l’énergie
1b
– Program expenditures
– The grants listed in any of the Estimates for the fiscal ye – Contributions
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp
Chapter 14: Appropriation Act No. 5, 2020–21 SCHEDULE 1
Vote No.
Items
that fiscal year — revenues that it receives in that fiscal of internal support services under section 29.2 of that A CANADIAN FOOD INSPECTION AGENCY Agence canadienne d’inspection des aliments 1b
– Operating expenditures
– The grants listed in any of the Estimates for the fiscal ye – Contributions 5b
– Capital expenditures CANADIAN HUMAN RIGHTS COMMISSION Commission canadienne des droits de la personne
1b
– Program expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela incurs in that fiscal year — revenues that it receives in t provision of internal support services under section 29. CANADIAN INSTITUTES OF HEALTH RESEARCH Instituts de recherche en santé du Canada 1b
– Operating expenditures
5b
– The grants listed in any of the Estimates for the fiscal ye
CANADIAN NORTHERN ECONOMIC DEVELOPMENT AGEN Agence canadienne de développement économique du 1b
– Operating expenditures
5b
– The grants listed in any of the Estimates for the fiscal ye – Contributions
CANADIAN RADIO-TELEVISION AND TELECOMMUNICAT Conseil de la radiodiffusion et des télécommunications 1b
– Program expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal munications Fees Regulations, 2010, the Broadcasting L 1997 and the Unsolicited Telecommunications Fees Reg enues that it receives in that fiscal year from activities r its operations, up to amounts approved by the Treasury CANADIAN SECURITY INTELLIGENCE SERVICE Service canadien du renseignement de sécurité 1b
– Program expenditures CANADIAN SPACE AGENCY Agence spatiale canadienne
1b
– Operating expenditures
5b
– Capital expenditures
10b
– The grants listed in any of the Estimates for the fiscal ye – Contributions
Chapter 14: Appropriation Act No. 5, 2020–21 SCHEDULE 1
Vote No.
Items CANADIAN TRANSPORTATION AGENCY Office des transports du Canada
1b
– Program expenditures COMMUNICATIONS SECURITY ESTABLISHMENT Centre de la sécurité des télécommunications
1b
– Program expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal including the provision of internal support services und CORRECTIONAL SERVICE OF CANADA Service correctionnel du Canada 1b
– Operating expenditures
– The grants listed in any of the Estimates for the fiscal ye – Contributions
– Authority to deposit into the Inmate Welfare Fund reven cal year from projects operated by inmates and finance
– Authority to operate canteens in federal institutions and fiscal year, revenue from sales into the Inmate Welfare
– Payments, in accordance with terms and conditions pre in Council,
(a) to or on behalf of discharged inmates who suffer caused by participation in normal program activity i
(b) to dependants of deceased inmates and discharg deaths resulted from participation in normal progra tutions
– Authority for the Minister of Public Safety and Emergen to the approval of the Governor in Council, to enter into province for
(a) the confinement in institutions of that province o committed or transferred to a penitentiary;
(b) compensation for the maintenance of such perso
(c) payment in respect of the construction and relate tions COURTS ADMINISTRATION SERVICE Service administratif des tribunaux judiciaires 1b
– Program expenditures DEPARTMENT OF AGRICULTURE AND AGRI-FOOD Ministère de l’Agriculture et de l’Agroalimentaire
1b
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal (a) collaborative research agreements and research
(b) the grazing and breeding activities of the Commu
(c) the administration of the AgriStability program; a
(d) the provision of internal support services under s
Chapter 14: Appropriation Act No. 5, 2020–21 SCHEDULE 1
Vote No.
Items
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 10b
– The grants listed in any of the Estimates for the fiscal ye – Contributions DEPARTMENT OF CANADIAN HERITAGE Ministère du Patrimoine canadien
1b
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal
(a) the activities of the Canadian Conservation Instit itage Information Network and the Canadian Audio(b) activities undertaken under the Capital Experienc
(c) the provision of internal support services under s
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 5b
– The grants listed in any of the Estimates for the fiscal ye – Contributions DEPARTMENT OF CITIZENSHIP AND IMMIGRATION Ministère de la Citoyenneté et de l’Immigration
1b
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year from the provision of services related to Canada — revenues that it receives in that fiscal year fr services
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 5b
– Capital expenditures
10b
– The grants listed in any of the Estimates for the fiscal ye
– Contributions, including the provision of goods and ser
DEPARTMENT OF CROWN-INDIGENOUS RELATIONS AND Ministère des Relations Couronne-Autochtones et des A 1b
– Operating expenditures – Expenditures on works, buildings and equipment
– Authority to make expenditures — recoverable or other formed on property that is not federal property and on spect of that property
Chapter 14: Appropriation Act No. 5, 2020–21 SCHEDULE 1
Vote No.
Items
– Authority to provide, in respect of Indian and Inuit econ ties, for the capacity development for Indians and Inuit terials and equipment – Authority to sell electric power to private consumers in alternative local sources of supply are not available, in and conditions approved by the Governor in Council
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela incurs in that fiscal year — revenues that it receives in t provision of internal support services under section 29.
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 5b
– Capital expenditures – Expenditures on buildings, works, land and equipment ownership of which
(a) may be transferred to provincial governments on approved by the Governor in Council; or
(b) may be transferred to Indian bands, groups of In ans at the discretion of the Minister of Crown-Indige – Expenditures on buildings, works, land and equipment federal property
– Authority to make recoverable expenditures on roads an amounts not exceeding the shares of provincial govern 10b
– The grants listed in any of the Estimates for the fiscal ye – Contributions
DEPARTMENT OF EMPLOYMENT AND SOCIAL DEVELOPM Ministère de l’Emploi et du Développement social 1b
– Operating expenditures
– Authority to make recoverable expenditures in relation Canada Pension Plan and the Employment Insurance A
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela incurs in that fiscal year — revenues that it receives in t
(a) the provision of services to assist provinces in th provincial programs funded under Labour Market D
(b) the provision of internal support services under s
(c) any amount charged to a Crown corporation und Government Employees Compensation Act in relatio for subrogated claims for Crown corporations; and
(d) the portion of the Government Employees Comp tal or agency subrogated claim settlements related t
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 5b
– The grants listed in any of the Estimates for the fiscal ye – Contributions
Chapter 14: Appropriation Act No. 5, 2020–21 SCHEDULE 1
Vote No.
Items DEPARTMENT OF FINANCE Ministère des Finances
1b
– Program expenditures – Contributions
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela incurs in that fiscal year — revenues that it receives in t provision of internal support services under section 29.
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min DEPARTMENT OF FISHERIES AND OCEANS Ministère des Pêches et des Océans 1b
– Operating expenditures
– Canada’s share of expenses of the international fisherie – Authority to provide free office accommodation for the commissions
– Authority to make recoverable advances in the amounts ternational fisheries commissions of joint cost projects
– Authority to make recoverable advances for transportat er shipping services performed for individuals, outside ernments in the course of, or arising out of, the exercis tion, including aids to navigation and shipping
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal (a) in the course of, or arising from, the activities of Guard; and
(b) from the provision of internal support services u Act
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 5b
– Capital expenditures
– Authority to make payments to provinces, municipalitie thorities as contributions towards construction done by – Authority for the purchase and disposal of commercial 10b
– The grants listed in any of the Estimates for the fiscal ye – Contributions
DEPARTMENT OF FOREIGN AFFAIRS, TRADE AND DEVEL Ministère des Affaires étrangères, du Commerce et du 1b
– Operating expenditures, including those related to the a representatives abroad, to the staff of those representa ment of Canadians to the staffs of international organiz
– Authority to make recoverable advances to internationa amounts not exceeding the amounts of the shares of th
Chapter 14: Appropriation Act No. 5, 2020–21 SCHEDULE 1
Vote No.
Items
– Expenditures in respect of the provision of office accom tional Civil Aviation Organization
– Authority to make recoverable expenditures for assistan distressed Canadian citizens and Canadian residents w their dependants
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela incurs in that fiscal year — revenues that it receives in t (a) trade and education fairs; (b) departmental publications; and (c) the following services:
(i) training services provided by the Canadian Fo
(ii) trade missions and other international busine (iii) investment development services, (iv) international telecommunication services,
(v) other services provided abroad to other depa Crown corporations and non-federal organization (vi) specialized consular services
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 10b
– The grants listed in any of the Estimates for the fiscal ye
– Contributions, including payments for other specified p sion of goods and services for (a) the promotion of trade and investment; and
(b) international humanitarian assistance and assist national security, international development and glo 20b
– Pursuant to subsection 12(2) of the International Develo tions) Assistance Act, the amount of financial assistanc ter of Foreign Affairs, in consultation with the Minister rect payments for the purpose of contributions to the in stitutions may not exceed $260,554,323 in the fiscal yea
L25b
– Pursuant to subsection 12(2) of the International Develo tions) Assistance Act, the amount of financial assistanc ter of Foreign Affairs, in consultation with the Minister purchase of shares of international financial institutions exceed $39,007,000 in United States dollars in the fisca estimated in Canadian dollars at $56,538,550 DEPARTMENT OF HEALTH Ministère de la Santé
1b
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal
(a) the provision of services or the sale of products r being and to regulatory activities; and
(b) the provision of internal support services under s
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat
Chapter 14: Appropriation Act No. 5, 2020–21 SCHEDULE 1
Vote No.
Items
a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 5b
– Capital expenditures
10b
– The grants listed in any of the Estimates for the fiscal ye
– Contributions, in the form of monetary payments or the services DEPARTMENT OF INDIGENOUS SERVICES Ministère des Services aux Autochtones 1b
– Operating expenditures – Expenditures on works, buildings and equipment
– Authority to make expenditures — recoverable or other formed on property that is not federal property and on spect of that property
– Authority to provide, in respect of Indian and Inuit econ ties, for the capacity development for Indians and Inuit terials and equipment – Authority to sell electric power to private consumers in alternative local sources of supply are not available, in and conditions approved by the Governor in Council
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela incurs in that fiscal year — revenues that it receives in t
(a) the provision of services or the sale of products r tion and medical services; and
(b) the provision of internal support services under s
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 10b
– The grants listed in any of the Estimates for the fiscal ye
– Contributions, in the form of monetary payments or the services DEPARTMENT OF INDUSTRY Ministère de l’Industrie 1b
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal
(a) the provision of internal support services under s and the provision of internal support services to the Property Office;
(b) activities and operations related to communicati munications Research Centre;
(c) services and insolvency processes under the Ban Act at the Office of the Superintendent of Bankruptc
(d) activities and operations carried out by Corporat Canada Business Corporations Act, the Boards of Tr operatives Act and the Canada Not-for-profit Corpor
Chapter 14: Appropriation Act No. 5, 2020–21 SCHEDULE 1
Vote No.
Items
(e) services and regulatory processes for mergers an ters, including pre-merger notifications, advance rul ten opinions, under the Competition Act at the Com
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 10b
– The grants listed in any of the Estimates for the fiscal ye – Contributions DEPARTMENT OF NATIONAL DEFENCE Ministère de la Défense nationale
1b
– Operating expenditures
– Authority for total commitments, subject to allotment b of $35,739,116,105 for the purposes of Votes 1, 5 and 10 gardless of the year in which the payment of those com which it is estimated that $14,006,026,264 will come du years)
– Authority, subject to the direction of the Treasury Board penditures or advances in respect of materials supplied formed on behalf of, individuals, corporations, outside departments and agencies and other governments – Payments
(a) in respect of pension, insurance and social secur rangements for employees locally engaged outside
(b) in respect of the administration of such program cluding premiums, contributions, benefit payments, tures made in respect of such employees and for an Treasury Board determines
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela incurs in that fiscal year — revenues that it receives in t from the provision of internal support services under se
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 5b
– Capital expenditures
10b
– The grants listed in any of the Estimates for the fiscal ye which grants and contributions may include
(a) monetary payments or, in lieu of payment made (i) the provision of goods or services, or (ii) the provision of the use of facilities; and
(b) the contributions that may be approved by the G cordance with section 3 of The Defence Appropriatio
(i) for the provision or transfer of defence equipm
(ii) for the provision of services for defence purpo
(iii) for the provision or transfer of supplies or fac poses
Chapter 14: Appropriation Act No. 5, 2020–21 SCHEDULE 1
Vote No.
Items DEPARTMENT OF NATURAL RESOURCES Ministère des Ressources naturelles
1b
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal (a) the sale of forestry and information products;
(b) the issue of licences, permits and certificates und and the Explosives Regulations, 2013;
(c) training and certification activities related to the A ferred to in paragraph (b);
(d) research, consultation, testing, analysis and adm research products as part of the departmental opera
(e) the provision of internal support services under s cial Administration Act
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 5b
– Capital expenditures
10b
– The grants listed in any of the Estimates for the fiscal ye – Contributions
DEPARTMENT OF PUBLIC SAFETY AND EMERGENCY PRE Ministère de la Sécurité publique et de la Protection civ 1b
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela incurs in that fiscal year — revenues that it receives in t from the provision of internal support services under se
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 5b
– The grants listed in any of the Estimates for the fiscal ye – Contributions
DEPARTMENT OF PUBLIC WORKS AND GOVERNMENT S Ministère des Travaux publics et des Services gouverne 1b
– Operating expenditures for the provision of accommod tral services
– Authority to make recoverable expenditures in relation Canada Pension Plan, the Employment Insurance Act a Management Act
– Authority to expend revenues that it receives during the the provision of accommodation, common and central
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal provision of internal support services under section 29.
Chapter 14: Appropriation Act No. 5, 2020–21 SCHEDULE 1
Vote No.
Items
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min DEPARTMENT OF THE ENVIRONMENT Ministère de l’Environnement 1b
– Operating expenditures
– Authority for the Minister of the Environment to engage by different Boards at the remuneration that those Boa
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela incurs in that fiscal year — revenues that it receives in t provision of internal support services under section 29. provision of services, the sale of information products, fees, the granting of leases or the issuance of licenses o including (a) research, analysis and scientific services; (b) hydrometric surveys; (c) regulatory services;
(d) monitoring services, including monitoring servic sands;
(e) fees for entry to federal real property or federal i (f) permits; and
(g) services in respect of federal real property or fed ing the granting of surface leases to oil and gas com of licences for grazing
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 10b
– The grants listed in any of the Estimates for the fiscal ye
– Contributions, including ones to developing countries b Fund for the Implementation of the Montreal Protocol t tary payments or the provision of goods, equipment or DEPARTMENT OF TRANSPORT Ministère des Transports 1b
– Operating expenditures
– Authority to make expenditures on other than federal p or arising out of, the exercise of jurisdiction in aeronau – Authority for the payment of commissions for revenue nautics Act
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal provision of internal support services under section 29.
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the
Chapter 14: Appropriation Act No. 5, 2020–21 SCHEDULE 1
Vote No.
Items
down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 5b
– Capital expenditures
10b
Grants and contributions – Efficient Transportation System
– The grants listed in any of the Estimates for the fiscal ye – Contributions 15b
Grants and contributions – Green and Innovative Transpor
– The grants listed in any of the Estimates for the fiscal ye – Contributions 20b
Grants and contributions – Safe and Secure Transportation
– The grants listed in any of the Estimates for the fiscal ye – Contributions DEPARTMENT OF VETERANS AFFAIRS Ministère des Anciens Combattants 1b
– Operating expenditures
– Expenditures related to the upkeep of real property or im cluding engineering and other investigatory planning e tangible value to the property, payment of taxes, insura
– Expenditures related to, subject to the approval of the G
(a) necessary remedial work on properties construct price contracts and sold under the Veterans’ Land A correct defects for which neither the veteran nor the financially responsible; and
(b) other work on other properties that is required to terest or right in those properties
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 5b
– The grants listed in any of the Estimates for the fiscal ye listed for any grant may be increased or decreased, sub the Treasury Board – Contributions
DEPARTMENT OF WESTERN ECONOMIC DIVERSIFICATIO Ministère de la Diversification de l’économie de l’Ouest 1b
– Operating expenditures
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 5b
– The grants listed in any of the Estimates for the fiscal ye – Contributions
ECONOMIC DEVELOPMENT AGENCY OF CANADA FOR TH Agence de développement économique du Canada pou 5b
– The grants listed in any of the Estimates for the fiscal ye
Chapter 14: Appropriation Act No. 5, 2020–21 SCHEDULE 1
Vote No.
Items – Contributions
FEDERAL ECONOMIC DEVELOPMENT AGENCY FOR SOUT Agence fédérale de développement économique pour l 1b
– Operating expenditures
5b
– The grants listed in any of the Estimates for the fiscal ye – Contributions
FINANCIAL TRANSACTIONS AND REPORTS ANALYSIS CE Centre d’analyse des opérations et déclarations financi 1b
– Program expenditures HOUSE OF COMMONS Chambre des communes
1b
– Program expenditures, including payments in respect o Members’ constituency offices – Contributions
– Authority to expend revenues that it receives during the its activities IMMIGRATION AND REFUGEE BOARD Commission de l’immigration et du statut de réfugié 1b
– Program expenditures
INTERNATIONAL JOINT COMMISSION (CANADIAN SECT Commission mixte internationale (section canadienne) 1b
– Program expenditures – Expenses of the Canadian Section, including salaries – Expenses of studies, surveys and investigations by the national References – Expenses of the Commission under the Canada-United Quality Agreement LEADERS’ DEBATES COMMISSION Commission des débats des chefs
1b
– Program expenditures LIBRARY AND ARCHIVES OF CANADA Bibliothèque et Archives du Canada
5b
– Capital expenditures MARINE ATLANTIC INC. Marine Atlantique S.C.C.
1b
– Payments to the corporation in respect of the costs of it – Payments to the corporation for capital expenditures
– Payments to the corporation for transportation services transportation services between Nova Scotia and Newf and related vessels, terminals and infrastructure
Chapter 14: Appropriation Act No. 5, 2020–21 SCHEDULE 1
Vote No.
Items NATIONAL RESEARCH COUNCIL OF CANADA Conseil national de recherches du Canada
1b
– Operating expenditures
5b
– Capital expenditures
10b
– The grants listed in any of the Estimates for the fiscal ye
– Contributions, including the provision of goods and ser Thirty Meter Telescope Observatory
NATURAL SCIENCES AND ENGINEERING RESEARCH COU Conseil de recherches en sciences naturelles et en géni 5b
– The grants listed in any of the Estimates for the fiscal ye OFFICE OF INFRASTRUCTURE OF CANADA Bureau de l’infrastructure du Canada
1b
– Operating expenditures
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 10b
– The grants listed in any of the Estimates for the fiscal ye – Contributions OFFICE OF THE DIRECTOR OF PUBLIC PROSECUTIONS Bureau du directeur des poursuites pénales
1b
– Program expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal
(a) the provision of prosecution and prosecution-rel
(b) the provision to Crown corporations, non-federa national organizations of optional prosecution and p vices that are consistent with the Office’s mandate;
(c) the provision of internal support services under s
OFFICES OF THE INFORMATION AND PRIVACY COMMISS Commissariats à l’information et à la protection de la v 1b
– Program expenditures — Office of the Information Com
PAROLE BOARD OF CANADA Commission des libérations conditionnelles du Canada 1b
– Program expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal of services to process record suspension applications f offences under federal Acts and regulations PRIVY COUNCIL OFFICE Bureau du Conseil privé 1b
– Program expenditures, including
Chapter 14: Appropriation Act No. 5, 2020–21 SCHEDULE 1
Vote No.
Items
(a) operating expenditures of Commissions of Inqui for;
(b) contributions in respect of costs incurred by pers Commissions of Inquiry; and (c) the operation of the Prime Minister’s residence
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela incurs in that fiscal year — revenues that it receives in t
(a) the provision of intelligence analysis training; an
(b) the provision of internal support services under s
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min PUBLIC HEALTH AGENCY OF CANADA Agence de la santé publique du Canada 1b
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal products, the provision of inspection services and the p port services under section 29.2 of that Act 5b
– Capital expenditures
10b
– The grants listed in any of the Estimates for the fiscal ye – Contributions REGISTRAR OF THE SUPREME COURT OF CANADA Registraire de la Cour suprême du Canada
1b
– Program expenditures ROYAL CANADIAN MOUNTED POLICE Gendarmerie royale du Canada
1b
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela incurs in that fiscal year — revenues that it receives in t from the provision of internal support services under se 5b
– Capital expenditures
ROYAL CANADIAN MOUNTED POLICE EXTERNAL REVIEW Comité externe d’examen de la Gendarmerie royale du 1b
– Program expenditures SHARED SERVICES CANADA Services partagés Canada
1b
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year from the provision of information techn
Chapter 14: Appropriation Act No. 5, 2020–21 SCHEDULE 1
Vote No.
Items
Shared Services Canada Act — revenues that it receive the provision of those services 5b
– Capital expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset cap incurs in that fiscal year — revenues that it receives in t provision of information technology services under the Act
SOCIAL SCIENCES AND HUMANITIES RESEARCH COUNC Conseil de recherches en sciences humaines 5b
– The grants listed in any of the Estimates for the fiscal ye THE FEDERAL BRIDGE CORPORATION LIMITED La Société des ponts fédéraux Limitée
1b
– Payments to the Corporation TREASURY BOARD SECRETARIAT Secrétariat du Conseil du Trésor
1b
– Program expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal of internal support services under section 29.2 of that A tivities
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 10b
Government-wide Initiatives
– Authority granted to the Treasury Board to supplement for the fiscal year in support of the implementation of s tiatives in the federal public administration 15b
Compensation Adjustments
– Authority granted to the Treasury Board to supplement for the fiscal year that may need to be partially or fully justments made to terms and conditions of service or e public administration, including the Royal Canadian Mo of members of the Canadian Forces, persons appointed Council and employees of Crown corporations as defin the Financial Administration Act 20b
Public Service Insurance
– Payments, in respect of insurance, pension or benefit pr ments, or in respect of the administration of such progr cluding premiums, contributions, benefits, fees and oth respect of the federal public administration, or any part any other persons that the Treasury Board determines
– Authority to expend any revenues or other amounts tha insurance, pension or benefit programs or other arrang (a) to offset premiums, contributions, benefits, fees respect of those programs or arrangements; and
(b) to provide for the return to eligible employees of der subsection 96(3) of the Employment Insurance A
Chapter 14: Appropriation Act No. 5, 2020–21 SCHEDULE 1
Vote No.
Items VIA RAIL CANADA INC. VIA Rail Canada Inc.
1b
– Payments to the corporation in respect of the costs of it – Payments to the corporation for capital expenditures
– Payments to the corporation for the provision of rail pas Canada in accordance with contracts entered into pursu (c)(i) of Transport Vote 52d, Appropriation Act No. 1, 19
Chapter 14: Appropriation Act No. 5, 2020–21 SCHEDULE 1 (French)
ANNEXE 1
D’après le Budget supplémentaire des dépenses (B) 2020-2021, la tants des postes figurant à la présente annexe.
Sommes accordées par la présente loi à Sa Majesté pour l’exercice dées. No du crédit
Postes
ADMINISTRATION CANADIENNE DE LA SÛRETÉ DU T Canadian Air Transport Security Authority 1b
– Paiements à l’Administration pour les dépenses de dépenses en capital
AGENCE CANADIENNE DE DÉVELOPPEMENT ÉCONO Canadian Northern Economic Development Agenc 1b
– Dépenses de fonctionnement
5b
– Subventions inscrites à tout budget des dépenses p – Contributions
AGENCE CANADIENNE D’INSPECTION DES ALIMENT Canadian Food Inspection Agency 1b
– Dépenses de fonctionnement
– Subventions inscrites à tout budget des dépenses p – Contributions 5b
– Dépenses en capital
AGENCE DE DÉVELOPPEMENT ÉCONOMIQUE DU CA RÉGIONS DU QUÉBEC Economic Development Agency of Canada for the 5b
– Subventions inscrites à tout budget des dépenses po – Contributions AGENCE DE LA SANTÉ PUBLIQUE DU CANADA Public Health Agency of Canada
1b
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re de celui-ci qui proviennent de la vente de produits, vices d’inspection et de la prestation de services de vertu de l’article 29.2 de cette loi 5b
– Dépenses en capital
10b
– Subventions inscrites à tout budget des dépenses p – Contributions
AGENCE DE PROMOTION ÉCONOMIQUE DU CANADA Atlantic Canada Opportunities Agency 1b
– Dépenses de fonctionnement
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé
Chapter 14: Appropriation Act No. 5, 2020–21 SCHEDULE 1 (French)
No du crédit
Postes
et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5b
– Subventions inscrites à tout budget des dépenses p – Contributions
AGENCE FÉDÉRALE DE DÉVELOPPEMENT ÉCONOMIQ L’ONTARIO Federal Economic Development Agency for Southe 1b
– Dépenses de fonctionnement
5b
– Subventions inscrites à tout budget des dépenses p – Contributions AGENCE SPATIALE CANADIENNE Canadian Space Agency
1b
– Dépenses de fonctionnement
5b
– Dépenses en capital
10b
– Subventions inscrites à tout budget des dépenses p – Contributions BIBLIOTHÈQUE ET ARCHIVES DU CANADA Library and Archives of Canada
5b
– Dépenses en capital BUREAU DE L’INFRASTRUCTURE DU CANADA Office of Infrastructure of Canada
1b
– Dépenses de fonctionnement
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 10b
– Subventions inscrites à tout budget des dépenses p – Contributions BUREAU DU CONSEIL PRIVÉ Privy Council Office
1b
– Dépenses du programme, y compris :
a) les dépenses de fonctionnement des commis prévues;
b) les contributions relatives aux frais engagés p paraissant devant des commissions d’enquête;
c) le fonctionnement de la résidence du premier
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer çues au cours de celui-ci qui proviennent de ce qui
a) la formation en matière d’analyse du renseig
b) la prestation de services de soutien internes e de cette loi.
Chapter 14: Appropriation Act No. 5, 2020–21 SCHEDULE 1 (French)
No du crédit
Postes
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada
BUREAU DU DIRECTEUR DES POURSUITES PÉNALES Office of the Director of Public Prosecutions 1b
– Dépenses du programme
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re de celui-ci qui proviennent de ce qui suit :
a) les services de poursuites et les services conn
b) les services de poursuites et les services conn mandat du Bureau — fournis de manière faculta d’État et à des organisations non fédérales ou in
c) les services de soutien internes fournis en ve cette loi.
CENTRE CANADIEN D’HYGIÈNE ET DE SÉCURITÉ AU Canadian Centre for Occupational Health and Safet 1b
– Dépenses du programme
CENTRE D’ANALYSE DES OPÉRATIONS ET DÉCLARA DU CANADA Financial Transactions and Reports Analysis Centre 1b
– Dépenses du programme
CENTRE DE LA SÉCURITÉ DES TÉLÉCOMMUNICATIO Communications Security Establishment 1b
– Dépenses du programme
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re de celui-ci qui proviennent de ses activités, notamm services de soutien internes en vertu de l’article 29 CHAMBRE DES COMMUNES House of Commons 1b
– Dépenses du programme, notamment les paiement ment des bureaux de circonscription des députés – Contributions
– Autorisation de dépenser les recettes perçues au co proviennent de ses activités
COMITÉ EXTERNE D’EXAMEN DE LA GENDARMERIE Royal Canadian Mounted Police External Review C 1b
– Dépenses du programme
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COMMISSARIATS À L’INFORMATION ET À LA PROTE PRIVÉE DU CANADA Offices of the Information and Privacy Commission 1b
– Dépenses du programme — Commissariat à l’inform
COMMISSION CANADIENNE DES DROITS DE LA PER Canadian Human Rights Commission 1b
– Dépenses du programme
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer çues au cours de celui-ci qui proviennent de la pres soutien internes en vertu de l’article 29.2 de cette lo
COMMISSION DE L’IMMIGRATION ET DU STATUT DE Immigration and Refugee Board 1b
– Dépenses du programme COMMISSION DES DÉBATS DES CHEFS Leaders’ Debates Commission
1b
– Dépenses du programme
COMMISSION DES LIBÉRATIONS CONDITIONNELLES Parole Board of Canada 1b
– Dépenses du programme
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re de celui-ci qui proviennent de la prestation de serv des demandes de suspension du casier présentées condamnées pour des infractions à des lois ou règ
COMMISSION MIXTE INTERNATIONALE (SECTION CA International Joint Commission (Canadian Section) 1b
– Dépenses du programme
– Dépenses de la section canadienne, y compris les tr
– Dépenses relatives aux études, enquêtes et relevés mission en vertu du mandat international qui lui es
– Dépenses faites par la Commission en vertu de l’Ac les États-Unis relatif à la qualité de l’eau dans les G
CONSEIL DE LA RADIODIFFUSION ET DES TÉLÉCOMM CANADIENNES Canadian Radio-television and Telecommunication 1b
– Dépenses du programme
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re de celui-ci au titre du Règlement de 2010 sur les dr tion, du Règlement de 1997 sur les droits de licence Règlement sur les droits relatifs aux télécommunic dans le cadre de ses autres activités, jusqu’à concu approuvés par le Conseil du Trésor
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CONSEIL DE RECHERCHES EN SCIENCES HUMAINES Social Sciences and Humanities Research Council 5b
– Subventions inscrites à tout budget des dépenses p
CONSEIL DE RECHERCHES EN SCIENCES NATURELLE Natural Sciences and Engineering Research Counc 5b
– Subventions inscrites à tout budget des dépenses p CONSEIL NATIONAL DE RECHERCHES DU CANADA National Research Council of Canada
1b
– Dépenses de fonctionnement
5b
– Dépenses en capital
10b
– Subventions inscrites à tout budget des dépenses p
– Contributions, y compris la fourniture de biens et de vatoire international du Télescope de trente mètres GENDARMERIE ROYALE DU CANADA Royal Canadian Mounted Police 1b
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer çues au cours de celui-ci qui proviennent notamme services de soutien internes en vertu de l’article 29 5b
– Dépenses en capital INSTITUTS DE RECHERCHE EN SANTÉ DU CANADA Canadian Institutes of Health Research
1b
– Dépenses de fonctionnement
5b
– Subventions inscrites à tout budget des dépenses p LA SOCIÉTÉ DES PONTS FÉDÉRAUX LIMITÉE The Federal Bridge Corporation Limited
1b
– Paiements à la Société MARINE ATLANTIQUE S.C.C. Marine Atlantic Inc.
1b
– Paiements à la société pour les dépenses liées à sa
– Paiements à la société pour les dépenses en capital
– Paiements à la société pour les services de transpor de transport maritime entre la Nouvelle-Écosse et T dor, et les navires, terminaux et infrastructures con
MINISTÈRE DE LA CITOYENNETÉ ET DE L’IMMIGRAT Department of Citizenship and Immigration 1b
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice pour l dans le cadre du programme « Expérience internat cettes perçues au cours de cet exercice qui provien ces services
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– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5b
– Dépenses en capital
10b
– Subventions inscrites à tout budget des dépenses p
– Contributions, y compris la fourniture de biens et de MINISTÈRE DE LA DÉFENSE NATIONALE Department of National Defence 1b
– Dépenses de fonctionnement
– Autorisation de contracter, sous réserve d’affectatio sor, des engagements totalisant 35 739 116 105 $ à et 10 du ministère, quelle que soit l’année au cours tué tout paiement afférent à l’un ou l’autre de ces e est estimé qu’une tranche de 14 006 026 264 $ devie années à venir)
– Autorisation de faire des dépenses ou des avances serve des directives du Conseil du Trésor, à l’égard des particuliers, des sociétés, des organismes exté tères ou organismes fédéraux et d’autres administr rendus en leur nom – Paiements effectués dans le cadre :
a) de programmes de pension, d’assurance et d d’autres ententes pour les employés recrutés su Canada;
b) de l’administration de ces programmes ou en primes, contributions, avantages, frais et autres pour les employés recrutés sur place à l’extérieu d’autres personnes déterminées par le Conseil d
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer çues au cours de celui-ci qui proviennent notamme services de soutien internes en vertu de l’article 29
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5b
– Dépenses en capital
10b
– Subventions inscrites à tout budget des dépenses p butions, y compris :
a) les montants versés à un bénéficiaire ou ce q ment pour : (i) la fourniture de biens ou de services, (ii) l’utilisation d’installations;
b) les contributions pouvant être approuvées pa conseil, aux termes de l’article 3 de la Loi de 195 fense, pour :
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(ii) la fourniture de services aux fins de défen
(iii) l’acquisition ou le transfert de fourniture fins de défense.
MINISTÈRE DE LA DIVERSIFICATION DE L’ÉCONOMIE CANADIEN Department of Western Economic Diversification 1b
– Dépenses de fonctionnement
– Versement, à chacun des membres du Conseil privé Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5b
– Subventions inscrites à tout budget des dépenses p – Contributions
MINISTÈRE DE L’AGRICULTURE ET DE L’AGROALIME Department of Agriculture and Agri-Food 1b
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re de celui-ci qui proviennent de ce qui suit :
a) les ententes de recherche concertée et les ser
b) les activités de pâturage et de reproduction d rages communautaires;
c) l’administration du programme « Agri-stabilit
d) la prestation de services de soutien internes e de cette loi.
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 10b
– Subventions inscrites à tout budget des dépenses p – Contributions MINISTÈRE DE LA SANTÉ Department of Health
1b
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re de celui-ci qui proviennent de ce qui suit :
a) la prestation de services – ou la vente de prod santé, au bien-être et aux activités de réglemen
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b) la prestation de services de soutien internes e de cette loi.
– Versement, à chacun des membres du Conseil privé Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5b
– Dépenses en capital
10b
– Subventions inscrites à tout budget des dépenses p – Contributions, sous forme de paiements en argent biens ou de services
MINISTÈRE DE LA SÉCURITÉ PUBLIQUE ET DE LA PR Department of Public Safety and Emergency Prepa 1b
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer çues au cours de celui-ci qui proviennent notamme services de soutien internes en vertu de l’article 29
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5b
– Subventions inscrites à tout budget des dépenses p – Contributions
MINISTÈRE DE L’EMPLOI ET DU DÉVELOPPEMENT SO Department of Employment and Social Developme 1b
– Dépenses de fonctionnement
– Autorisation d’effectuer des dépenses recouvrables Régime de pensions du Canada et de la Loi sur l’as
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer çues au cours de celui-ci qui proviennent de ce qui
a) les services visant à aider les provinces à adm grammes provinciaux financés aux termes des pement du marché du travail;
b) les services de soutien internes fournis en ve cette loi;
c) tout montant facturé à une société d’État en v la Loi sur l’indemnisation des agents de l’État en litige pour les recours par subrogation pour les
d) la portion des coûts de litige découlant des rè mandes de réclamation auprès de tiers pour les nismes faits en vertu de la Loi sur l’indemnisatio
– Versement, à chacun des membres du Conseil privé Canada qui occupe une charge de ministre sans po
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une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5b
– Subventions inscrites à tout budget des dépenses p – Contributions MINISTÈRE DE L’ENVIRONNEMENT Department of the Environment
1b
– Dépenses de fonctionnement
– Autorisation au ministre de l’Environnement d’enga conseils dont les commissions peuvent avoir besoi ci des traitements déterminés par celles-ci
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer çues au cours de celui-ci qui proviennent de la pres soutien internes en vertu de lʼarticle 29.2 de cette lo services, de la vente de produits d’information, de d’accès ou de l’octroi de baux, de licences ou d’aut tamment :
a) les services de recherche, les services d’analy tifiques; b) les relevés hydrologiques; c) les services de réglementation;
d) les services de surveillance, notamment les a des sables bitumineux;
e) les droits d’accès à des biens immeubles fédé réels fédéraux; f) les permis;
g) les services relatifs à des biens immeubles fé réels fédéraux, notamment l’octroi de baux de s gnies pétrolières et gazières et l’octroi de licenc rage.
– Versement, à chacun des membres du Conseil privé Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 10b
– Subventions inscrites à tout budget des dépenses p
– Contributions, y compris celles aux pays en dévelop multilatéral pour l’application du Protocole de Mon paiements en argent ou de fourniture de biens, d’é vices MINISTÈRE DE L’INDUSTRIE Department of Industry 1b
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re de celui-ci qui proviennent de ce qui suit :
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a) la prestation de services de soutien internes e de cette loi et de services de soutien internes à intellectuelle du Canada;
b) les activités liées aux recherches sur les com de recherches sur les communications;
c) les services et la procédure d’insolvabilité, au lite et l’insolvabilité, au Bureau du surintendant
d) les activités de Corporations Canada au titre les sociétés par actions, de la Loi sur les chamb Loi canadienne sur les coopératives et de la Loi ganisations à but non lucratif;
e) les services et la procédure réglementaire au rence pour les fusions et toute chose s’y rappor préalables à une fusion, les certificats de décisio consultatifs au titre de la Loi sur la concurrence
– Versement, à chacun des membres du Conseil privé Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 10b
– Subventions inscrites à tout budget des dépenses p – Contributions
MINISTÈRE DES AFFAIRES ÉTRANGÈRES, DU COMM DÉVELOPPEMENT Department of Foreign Affairs, Trade and Developm 1b
– Dépenses de fonctionnement, y compris celles liées présentants du Canada à l’étranger, à leur personn fectés par le gouvernement canadien au personnel tionaux
– Autorisation de faire des avances recouvrables à de tionaux jusqu’à concurrence de la valeur des action ces organismes
– Dépenses relatives aux locaux de l’Organisation de tionale
– Autorisation d’effectuer des dépenses recouvrables et résidents canadiens qui se trouvent en difficulté leurs personnes à charge, et pour rapatrier ces per
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer çues au cours de celui-ci qui proviennent de ce qui a) les foires commerciales et éducatives; b) les publications ministérielles; c) la prestation des services suivants :
(i) la formation offerte par l’Institut canadien
(ii) les missions commerciales et autres serv du commerce international,
(iii) les services de développement des inves
(iv) les services de télécommunication intern
(v) les autres services fournis à l’étranger à d ganismes, sociétés d’État et autres organisat
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– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 10b
– Subventions inscrites à tout budget des dépenses p
– Contributions, y compris les paiements à d’autres fi niture de biens et de services pour :
a) la promotion du commerce et de l’investissem
b) l’aide humanitaire internationale et l’aide fou curité internationale, le développement internat diale. 20b
– Aide financière fournie par le ministre des Affaires é tion avec le ministre des Finances, à titre de contrib financières internationales pour l’exercice 2020-202 au paragraphe 12(2) de la Loi d’aide au développem tutions financières), ne dépasse pas 260 554 323 $
L25b
– Achat d’actions d’institutions financières internation 2020-2021 pour une somme d’au plus 39 007 000 $ 56 538 550 $ CAN —, effectué en conformité avec le Loi d’aide au développement international (institut grâce à l’aide financière fournie par le ministre des consultation avec le ministre des Finances MINISTÈRE DES ANCIENS COMBATTANTS Department of Veterans Affairs
1b
– Dépenses de fonctionnement
– Dépenses afférentes à l’entretien des biens immeub compris celles relatives à des travaux de génie et d qui n’ajoutent aucune valeur tangible au bien ainsi taxes, assurances et services publics
– Sous réserve de l’approbation du gouverneur en co rentes :
a) aux travaux de réparation nécessaires sur de en vertu de contrats particuliers à prix ferme et à la Loi sur les terres destinées aux anciens com ch. V-4), afin de corriger des défectuosités dont ni l’entrepreneur ne peuvent être tenus financiè
b) à tout autre travail qui s’impose sur d’autres vegarder le droit ou l’intérêt que le directeur po propriétés.
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5b
– Subventions inscrites à tout budget des dépenses p tant inscrit à chacune des subventions pouvant être de l’approbation du Conseil du Trésor – Contributions
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1b
– Dépenses du programme – Contributions
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer çues au cours de celui-ci qui proviennent de la pres soutien internes en vertu de l’article 29.2 de cette lo
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada MINISTÈRE DES PÊCHES ET DES OCÉANS Department of Fisheries and Oceans 1b
– Dépenses de fonctionnement
– Participation du Canada aux dépenses des commis des pêches
– Autorisation de fournir gratuitement des locaux aux tionales des pêches
– Autorisation de faire des avances recouvrables équ de la quote-part de ces commissions dans les prog
– Autorisation de faire des avances recouvrables pou port et d’arrimage et d’autres services de la marine des particuliers, à des organismes indépendants et ments en lien avec l’exercice de sa compétence en y compris les aides à la navigation et à la navigatio
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re de celui-ci qui proviennent de ce qui suit : a) les activités de la Garde côtière canadienne;
b) la prestation de services de soutien internes e de cette loi.
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5b
– Dépenses en capital
– Autorisation de faire des paiements aux provinces, des autorités locales ou privées à titre de contribut construction entrepris par ces administrations ou a
– Autorisation d’acheter des bateaux de pêche comm 10b
– Subventions inscrites à tout budget des dépenses p – Contributions
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MINISTÈRE DES RELATIONS COURONNE-AUTOCHTO DU NORD Department of Crown-Indigenous Relations and No 1b
– Dépenses de fonctionnement
– Dépenses relatives aux ouvrages, bâtiments et mat
– Autorisation d’effectuer des dépenses — recouvrab aux travaux effectués sur des propriétés n’apparten ment fédéral et aux services fournis à l’égard de ce
– Autorisation d’affecter des fonds dans le cadre d’ac grès économique des Indiens et des Inuits, relative la capacité des Indiens et des Inuits et à l’approvisi et en matériel
– Autorisation de vendre de l’électricité, conforméme prouvées par le gouverneur en conseil, aux consom particuliers vivant dans des centres éloignés lorsqu accès aux sources alternatives locales d’approvisio
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer çues au cours de celui-ci qui proviennent de la pres soutien internes en vertu de l’article 29.2 de cette lo
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5b
– Dépenses en capital
– Dépenses relatives aux bâtiments, ouvrages, terrain gestion, le contrôle et la propriété peuvent être tran
a) soit aux gouvernements provinciaux, selon le vées par le gouverneur en conseil;
b) soit à des bandes indiennes ou à des Indiens culier, à la discrétion du ministre des Relations
– Dépenses relatives aux bâtiments, ouvrages, terrain à l’égard de propriétés n’appartenant pas au gouve
– Autorisation d’effectuer des dépenses recouvrables dépassant pas la part des frais assumés par les gou ciaux pour des routes et ouvrages connexes 10b
– Subventions inscrites à tout budget des dépenses p – Contributions MINISTÈRE DES RESSOURCES NATURELLES Department of Natural Resources
1b
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re de celui-ci qui proviennent de ce qui suit :
a) la vente de produits d’information et de prod
b) la délivrance de licences, de permis et de cer sur les explosifs et du Règlement de 2013 sur le
c) la formation et les attestations de formation l ment visés à l’alinéa b);
Chapter 14: Appropriation Act No. 5, 2020–21 SCHEDULE 1 (French)
No du crédit
Postes
d) la perception, dans le cadre des activités du m des services de recherche, de consultation, d’év d’administration et pour l’accès à des travaux d
e) la prestation de services de soutien internes e de la Loi sur la gestion des finances publiques.
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5b
– Dépenses en capital
10b
– Subventions inscrites à tout budget des dépenses p – Contributions MINISTÈRE DES SERVICES AUX AUTOCHTONES Department of Indigenous Services
1b
– Dépenses de fonctionnement
– Dépenses relatives aux ouvrages, bâtiments et mat
– Autorisation d’effectuer des dépenses — recouvrab aux travaux effectués sur des propriétés n’apparten ment fédéral et aux services fournis à l’égard de ce
– Autorisation d’affecter des fonds dans le cadre d’ac grès économique des Indiens et des Inuits, relative la capacité des Indiens et des Inuits et à l’approvisi et en matériel
– Autorisation de vendre de l’électricité, conforméme prouvées par le gouverneur en conseil, aux consom particuliers vivant dans des centres éloignés lorsqu accès aux sources alternatives locales d’approvisio
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses connexes engagées au cours de cet exer çues au cours de celui-ci qui proviennent de ce qui
a) la prestation de services ou la vente de produ protection de la santé et aux services médicaux
b) la prestation de services de soutien internes e de cette loi.
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 10b
– Subventions inscrites à tout budget des dépenses p
– Contributions, sous forme de paiements en argent o biens ou de services MINISTÈRE DES TRANSPORTS Department of Transport 1b
– Dépenses de fonctionnement
Chapter 14: Appropriation Act No. 5, 2020–21 SCHEDULE 1 (French)
No du crédit
Postes
– Autorisation d’engager des dépenses pour des bien dans le cadre de l’exercice d’une compétence en m
– Autorisation de payer des commissions pour le rec en vertu de la Loi sur l’aéronautique
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re de celui-ci qui proviennent notamment de la presta tien internes en vertu de l’article 29.2 de cette loi
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5b
– Dépenses en capital
10b
Subventions et contributions — Réseau de transport e
– Subventions inscrites à tout budget des dépenses p – Contributions 15b
Subventions et contributions — Réseau de transport é
– Subventions inscrites à tout budget des dépenses p – Contributions 20b
Subventions et contributions — Réseau de transport s
– Subventions inscrites à tout budget des dépenses p – Contributions
MINISTÈRE DES TRAVAUX PUBLICS ET DES SERVICE GOUVERNEMENTAUX Department of Public Works and Government Serv 1b
– Dépenses de fonctionnement pour la prestation de locaux et de services communs et centraux
– Autorisation d’effectuer des dépenses recouvrables Régime de pensions du Canada, de la Loi sur l’assu Loi sur l’administration des biens saisis
– Autorisation de dépenser les recettes perçues au co proviennent de la prestation de services de gestion vices communs et centraux
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re de celui-ci qui proviennent notamment de la presta tien internes en vertu de l’article 29.2 de cette loi
– Versement, à chacun des membres du Conseil privé Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada
Chapter 14: Appropriation Act No. 5, 2020–21 SCHEDULE 1 (French)
No du crédit
Postes MINISTÈRE DU PATRIMOINE CANADIEN Department of Canadian Heritage
1b
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re de celui-ci qui proviennent de ce qui suit :
a) les activités de l’Institut canadien de conserva dien d’information sur le patrimoine et du Burea produits audiovisuels canadiens;
b) les activités afférentes au programme « Expé
c) la prestation de services de soutien internes e de cette loi.
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 5b
– Subventions inscrites à tout budget des dépenses p – Contributions OFFICE DES TRANSPORTS DU CANADA Canadian Transportation Agency
1b
– Dépenses du programme
ORGANISATION CANADIENNE D’ÉLABORATION DE N D’ACCESSIBILITÉ Canadian Accessibility Standards Development Org 1b
– Dépenses de fonctionnement RÉGIE CANADIENNE DE L’ÉNERGIE Canadian Energy Regulator
1b
– Dépenses du programme
– Subventions inscrites à tout budget des dépenses p – Contributions
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re de celui-ci qui proviennent de la prestation de serv en vertu de l’article 29.2 de cette loi REGISTRAIRE DE LA COUR SUPRÊME DU CANADA Registrar of the Supreme Court of Canada 1b
– Dépenses du programme SECRÉTARIAT DU CONSEIL DU TRÉSOR Treasury Board Secretariat
1b
– Dépenses du programme
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice, les re
Chapter 14: Appropriation Act No. 5, 2020–21 SCHEDULE 1 (French)
No du crédit
Postes
de celui-ci qui proviennent de la prestation de serv en vertu de l’article 29.2 de cette loi et de ses autre
– Versement, à chacun des membres du Conseil priv Canada qui occupe une charge de ministre sans po une charge de ministre d’État sans être à la tête d’u d’un traitement n’excédant pas celui versé, au titre ments, aux ministres d’État qui sont à la tête d’un d payable annuellement ou au prorata pour toute pé et arrondi à la centaine de dollars inférieure en app de la Loi sur le Parlement du Canada 10b
Initiatives pangouvernementales
– Autorisation donnée au Conseil du Trésor d’augme pour l’exercice, pour appuyer la mise en œuvre d’in dans l’administration publique fédérale en matière 15b
Rajustements à la rémunération
– Autorisation donnée au Conseil du Trésor d’augmen pour l’exercice qui peut nécessiter un financement suite de rajustements effectués aux modalités de s l’administration publique fédérale, notamment la G Canada, des membres des Forces canadiennes, de par le gouverneur en conseil et des employés des s du paragraphe 83(1) de la Loi sur la gestion des fin 20b
Assurances de la fonction publique
– À l’égard de tout ou partie de la fonction publique e sonnes déterminées par le Conseil du Trésor, paiem cadre des programmes d’assurance, de pension, d d’autres ententes — ou de l’administration de ces p tentes —, notamment au titre des primes, contribu ciaux, frais et autres dépenses
– Autorisation d’affecter tous revenus ou toutes autre le cadre des programmes d’assurance, de pension, d’autres ententes :
a) pour compenser notamment les primes, cont ciaux, frais et autres dépenses liés à ces program tentes;
b) pour rembourser les employés admissibles, e graphe 96(3) de la Loi sur l’assurance-emploi, p primes retenues.
SERVICE ADMINISTRATIF DES TRIBUNAUX JUDICIAI Courts Administration Service 1b
– Dépenses du programme
SERVICE CANADIEN DU RENSEIGNEMENT DE SÉCUR Canadian Security Intelligence Service 1b
– Dépenses du programme SERVICE CORRECTIONNEL DU CANADA Correctional Service of Canada
1b
– Dépenses de fonctionnement
– Subventions inscrites à tout budget des dépenses p – Contributions
– Autorisation de verser à la Caisse de bienfaisance d tirés, au cours de l’exercice, des activités des déten caisse
Chapter 14: Appropriation Act No. 5, 2020–21 SCHEDULE 1 (French)
No du crédit
Postes
– Autorisation d’exploiter des cantines dans les établ de verser les recettes, au cours de l’exercice, à la C des détenus
– Paiements, selon les conditions fixées par le gouve
a) aux détenus libérés aux prises avec une incap tant de leur participation aux activités normales ments fédéraux ou pour le compte de tels déten
b) aux personnes à charge de détenus — libérés suite de leur participation à de telles activités.
– Autorisation au ministre de la Sécurité publique et sous réserve de l’approbation du gouverneur en co entente avec le gouvernement de toute province en
a) de l’incarcération, dans les établissements de sonnes condamnées ou transférées dans un pén
b) de l’indemnisation afférente à l’entretien de c
c) du paiement des frais de construction et d’au ces établissements. SERVICES PARTAGÉS CANADA Shared Services Canada 1b
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses engagées au cours de cet exercice pour l de technologie de l’information au titre de la Loi su Canada, les recettes perçues au cours de celui-ci qu prestation de ces services 5b
– Dépenses en capital
– Autorisation, au titre du paragraphe 29.1(2) de la Lo nances publiques, d’affecter, au cours de l’exercice dépenses en capital engagées au cours de cet exer çues au cours de celui-ci qui proviennent de la pres technologie de l’information au titre de la Loi sur S Canada
SOCIÉTÉ CANADIENNE D’HYPOTHÈQUES ET DE LOG Canada Mortgage and Housing Corporation 1b
– Paiements à la Société visant à la rembourser pour par elle sur les prêts consentis, les subventions et c les dépenses contractées, les pertes subies et les fr selon le cas : a) au titre de la Loi nationale sur l’habitation;
b) dans le cadre des attributions qui lui sont con loi fédérale et qu’elle exerce en conformité avec nadienne d’hypothèques et de logement. SOCIÉTÉ RADIO-CANADA Canadian Broadcasting Corporation 1b
– Paiements à la Société pour les dépenses de fonctio VIA RAIL CANADA INC. VIA Rail Canada Inc.
1b
– Paiements à la société pour les dépenses liées à sa
– Paiements à la société pour les dépenses en capital
Chapter 14: Appropriation Act No. 5, 2020–21 SCHEDULE 1 (French)
No du crédit
Postes
– Paiements à la société en vue de la prestation d’un Canada, conformément aux contrats conclus en ve du crédit 52d (Transports) de la Loi no 1 de 1977 po dits
Chapter 14: Appropriation Act No. 5, 2020–21 SCHEDULE 2
SCHEDULE 2
Based on the Supplementary Estimates (B), 2020–21, the amount items set out in this Schedule.
Sums granted to Her Majesty by this Act for the fiscal year endin following fiscal year ending March 31, 2022 and the purposes for w Vote No.
Items CANADA BORDER SERVICES AGENCY Agence des services frontaliers du Canada
1b
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal
(a) fees, related to border operations, for the provisi of a facility or for a product, right or privilege; and (b) payments received under contracts entered into 5b
– Capital expenditures CANADA REVENUE AGENCY Agence du revenu du Canada
1b
– Operating expenditures – Contributions
– Authority to make recoverable expenditures in relation Canada Pension Plan and the Employment Insurance A PARKS CANADA AGENCY Agence Parcs Canada 1b
– Program expenditures – Capital expenditures
– The grants listed in any of the Estimates for the fiscal y – Contributions, including
(a) expenditures on other than federal property; and
(b) payments to provinces and municipalities as con cost of undertakings carried out by those bodies
Chapter 14: Appropriation Act No. 5, 2020–21 SCHEDULE 2 (French)
ANNEXE 2
D’après le Budget supplémentaire des dépenses (B) 2020-2021, la des postes figurant à la présente annexe.
Sommes accordées par la présente loi à Sa Majesté pour l’exercice en cours et à l’exercice suivant se terminant le 31 mars 2022, et fin No du crédit
Postes AGENCE DES SERVICES FRONTALIERS DU CANADA Canada Border Services Agency
1b
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Loi sur publiques, d’affecter, au cours de l’exercice, à la compe engagées au cours de cet exercice, les recettes perçues proviennent de ce qui suit :
a) les droits — liés aux activités à la frontière — perç d’un service, l’utilisation d’une installation, l’achat d cice d’un droit ou d’un privilège;
b) les paiements reçus au titre de contrats conclus p 5b
– Dépenses en capital AGENCE DU REVENU DU CANADA Canada Revenue Agency
1b
– Dépenses de fonctionnement – Contributions
– Autorisation d’effectuer des dépenses recouvrables liée gime de pensions du Canada et de la Loi sur l’assuranc AGENCE PARCS CANADA Parks Canada Agency 1b
– Dépenses du programme – Dépenses en capital – Subventions inscrites à tout budget des dépenses pour – Contributions, notamment :
a) les dépenses afférentes à des propriétés autres qu ment fédéral;
b) les paiements aux provinces et aux municipalités à l’égard des engagements assumés par ces dernièr
Published under authority of the Speaker of the House of Commons 2020
Disponible sur le site Web de la Chambre des comm
|
First Session, Forty-third Parliament, 68-69 Elizabeth II, 2019-2020
STATUTES OF CANADA 2020
CHAPTER 9
An Act for granting to Her Majesty certain sums of money for the federal public administration for the fiscal year ending March 31, 2021
ASSENTED TO JUNE 26, 2020 BILL C-18
SUMMARY This enactment grants the sum of $55,143,895,167 towards defraying charges and expenses of the federal public administration for the fiscal year ending March 31, 2021 that are not otherwise provided for.
i
68-69 ELIZABETH II
CHAPTER 9
An Act for granting to Her Majesty certain sums of money for the federal public administration for the fiscal year ending March 31, 2021 [Assented to 26th June, 2020] MOST GRACIOUS SOVEREIGN, Preamble Whereas it appears by message from Her Excellency the Right Honourable Julie Payette, Governor General and Commander-in-Chief of Canada, and the Estimates accompanying that message, that the sums mentioned below are required to defray certain expenses of the federal public administration, not otherwise provided for, for the fiscal year ending March 31, 2021, and for other purposes connected with the federal public administration;
May it therefore please Your Majesty, that it may be enacted, and be it enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, that: Short title 1 This Act may be cited as the Appropriation Act No. 2,
2020–21. $55,143,895,167 granted for 2020–21 2 There may be paid out of the Consolidated Revenue
Fund a sum not exceeding in the whole $55,143,895,167 towards defraying the several charges and expenses of the federal public administration for the fiscal year ending March 31, 2021, not otherwise provided for, being the aggregate of the following amounts: (a) $6,580,175,147, which is eight twelfths of the total
of the amounts of the items set out in the Main Estimates for that fiscal year set out in Schedules 1.1 and 2.2;
2019-2020
Chapter 9: Appropriation Act No. 2, 2020–21 Sections 2-4
(b) $5,597,472,857, which is seven twelfths of the total
of the amounts of the items in those Estimates set out in Schedule 1.2; (c) $34,859,234,573, which is six twelfths of the total of the amounts of the items set out in those Estimates, except for those items included in Schedules 1.1 to 1.7 and 2.2 and those referred to in section 3; (d) $5,256,778,672, which is five twelfths of the total of
the amounts of the items in those Estimates set out in Schedule 1.3; (e) $1,752,723,244, which is four twelfths of the total of the amounts of the items in those Estimates set out in Schedule 1.4; (f) $147,410,846, which is three twelfths of the total of the amounts of the items in those Estimates set out in Schedule 1.5; (g) $16,835,514, which is two twelfths of the total of
the amounts of the items in those Estimates set out in Schedule 1.6; and (h) $933,264,314, which is one twelfth of the total of
the amounts of the items in those Estimates set out in Schedule 1.7. Appropriation Act No. 1, 2020-21 3 For greater certainty, no amounts are authorized by
this Act to be paid in respect of the items set out in Schedules 1.6 to 1.9 to the Appropriation Act No. 1, 2020-21. The following amounts are authorized by that Act: (a) nine twelfths of the total of the amounts of the items in the Main Estimates for the fiscal year ending March 31, 2021, set out in Schedule 1.6 to that Act; (b) ten twelfths of the amount of the item in those Estimates set out in Schedule 1.7 to that Act; (c) eleven twelfths of the total of the amounts of the
items in those Estimates set out in Schedule 1.8 to that Act; and (d) twelve twelfths of the total of the amounts of the items in those Estimates set out in Schedule 1.9 to that Act.
Purpose of each item 4 (1) The amount authorized by this Act to be paid in respect of an item may be paid only for the purposes, and subject to any terms and conditions, specified in the item.
2019-2020
Chapter 9: Appropriation Act No. 2, 2020–21 Sections 4-6
Effective date (2) The provisions of each item referred to in section 2 are deemed to have effect as of April 1, 2020.
Adjustments in accounts of Canada — section 2 5 An appropriation that is granted by this Act or any
other Act and referred to in section 2 — except for an appropriation referred to in Schedules 2.1 and 2.2 — may be charged after the end of the fiscal year for which the appropriation is granted at any time before the day on which the Public Accounts for that fiscal year are tabled in Parliament, for the purpose of making adjustments in the accounts of Canada for that fiscal year that do not require payments out of the Consolidated Revenue Fund. Adjustments in accounts of Canada — Schedules 2.1 and 2.2 6 (1) An appropriation that is granted by this Act or any
other Act and referred to in Schedules 2.1 and 2.2 may be charged after the end of the fiscal year following the fiscal year for which the appropriation is granted at any time before the day on which the Public Accounts for that second fiscal year are tabled in Parliament, for the purpose of making adjustments in the accounts of Canada for that second fiscal year that do not require payments out of the Consolidated Revenue Fund. Order of payment (2) Despite any other provision of this Act, amounts appropriated by this Act and set out in Schedules 2.1 and 2.2 may be paid and applied at any time on or before March 31, 2022, so long as every payment is charged first against the relevant amount appropriated under any Act that is earliest in time until that amount is exhausted, next against the relevant amount appropriated under any other Act, including this Act, that is next in time until that amount is exhausted and so on. The balance of amounts so appropriated by this Act that have not been charged, subject to the adjustments referred to in section 37 of the Financial Administration Act, lapse at the end of the fiscal year following the fiscal year ending March 31, 2021.
2019-2020
Chapter 9: Appropriation Act No. 2, 2020–21 SCHEDULE 1.1
SCHEDULE 1.1
Based on the Main Estimates 2020–21, the amount granted is $5, the items in the Main Estimates that are set out in this Schedule.
Sums granted to Her Majesty by this Act for the fiscal year ending Vote No.
Items CANADIAN MUSEUM OF IMMIGRATION AT PIER 21 Musée canadien de l’immigration du Quai 21
– Payments to the Museum for operating and capital expe DEPARTMENT OF AGRICULTURE AND AGRI-FOOD Ministère de l’Agriculture et de l’Agroalimentaire
– The grants listed in any of the Estimates for the fiscal ye – Contributions DEPARTMENT OF CANADIAN HERITAGE Ministère du Patrimoine canadien
– The grants listed in any of the Estimates for the fiscal ye – Contributions DEPARTMENT OF CITIZENSHIP AND IMMIGRATION Ministère de la Citoyenneté et de l’Immigration
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp in that fiscal year from the provision of services related rience Canada — revenues that it receives in that fiscal sion of those services
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro r than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under se ment of Canada Act, to ministers of State who preside o DEPARTMENT OF FISHERIES AND OCEANS Ministère des Pêches et des Océans 10
– The grants listed in any of the Estimates for the fiscal ye – Contributions
DEPARTMENT OF FOREIGN AFFAIRS, TRADE AND DEVEL Ministère des Affaires étrangères, du Commerce et du D 1
– Operating expenditures, including those related to the a Canada’s representatives abroad, to the staff of those r the assignment of Canadians to the staffs of internation
– Authority to make recoverable advances to internationa amounts not exceeding the amounts of the shares of th
– Expenditures in respect of the provision of office accom national Civil Aviation Organization
– Authority to make recoverable expenditures for assistan of distressed Canadian citizens and Canadian residents cluding their dependants
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela it incurs in that fiscal year — revenues that it receives in (a) trade and education fairs; (b) departmental publications; and
2019-2020
Chapter 9: Appropriation Act No. 2, 2020–21 SCHEDULE 1.1
Vote No.
Items (c) the following services:
(i) training services provided by the Canadian Fo
(ii) trade missions and other international busine vices, (iii) investment development services, (iv) international telecommunication services,
(v) other services provided abroad to other depar cies, Crown corporations and non-federal organi (vi) specialized consular services
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro r than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under se ment of Canada Act, to ministers of State who preside o 5
– Capital expenditures DEPARTMENT OF HEALTH Ministère de la Santé
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp in that fiscal year — revenues that it receives in that fisc
(a) the provision of services or the sale of products r well-being and to regulatory activities; and
(b) the provision of internal support services under s
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro r than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under se ment of Canada Act, to ministers of State who preside o DEPARTMENT OF JUSTICE Ministère de la Justice 5
– The grants listed in any of the Estimates for the fiscal ye – Contributions
NATIONAL MUSEUM OF SCIENCE AND TECHNOLOGY Musée national des sciences et de la technologie – Payments to the Museum for operating and capital expe TREASURY BOARD SECRETARIAT Secrétariat du Conseil du Trésor
Operating Budget Carry Forward
– Authority granted to the Treasury Board to supplement tion for the fiscal year by reason of the operating budge the previous fiscal year 30
Paylist Requirements
– Authority granted to the Treasury Board to supplement tion for the fiscal year for
(a) requirements related to parental and maternity a
(b) entitlements on cessation of service or employm
(c) adjustments that have not been provided from V Adjustments, made to terms and conditions of servi
2019-2020
Chapter 9: Appropriation Act No. 2, 2020–21 SCHEDULE 1.1
Vote No.
Items
the federal public administration, including the Roya Police, as well as of members of the Canadian Force
2019-2020
Chapter 9: Appropriation Act No. 2, 2020–21 SCHEDULE 1.1 (French)
ANNEXE 1.1
D’après le Budget principal des dépenses 2020-2021, la somme ac montants des postes de ce budget, figurant à la présente annexe.
Sommes accordées par la présente loi à Sa Majesté pour l’exercice dées.
No du crédit
Postes
MINISTÈRE DE LA CITOYENNETÉ ET DE L’IMMIGRATI Department of Citizenship and Immigration 1
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Lo finances publiques, d’affecter, au cours de l’exercic des dépenses engagées au cours de cet exercice po services dans le cadre du programme « Expérience Canada », les recettes perçues au cours de cet exer de la prestation de ces services
– Versement, à chacun des membres du Conseil privé Canada qui occupe une charge de ministre sans po cupe une charge de ministre d’État sans être à la tê d’État, d’un traitement n’excédant pas celui versé, a les traitements, aux ministres d’État qui sont à la tê d’État, payable annuellement ou au prorata pour to d’un an et arrondi à la centaine de dollars inférieure l’article 67 de la Loi sur le Parlement du Canada
MINISTÈRE DE L’AGRICULTURE ET DE L’AGROALIME Department of Agriculture and Agri-Food 10
– Subventions inscrites à tout budget des dépenses p – Contributions MINISTÈRE DE LA JUSTICE Department of Justice
– Subventions inscrites à tout budget des dépenses p – Contributions MINISTÈRE DE LA SANTÉ Department of Health
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Lo finances publiques, d’affecter, au cours de l’exercic des dépenses engagées au cours de cet exercice, le cours de celui-ci qui proviennent de ce qui suit :
a) la prestation de services – ou la vente de prod la santé, au bien-être et aux activités de régleme
b) la prestation de services de soutien internes e 29.2 de cette loi.
– Versement, à chacun des membres du Conseil privé Canada qui occupe une charge de ministre sans po cupe une charge de ministre d’État sans être à la tê d’État, d’un traitement n’excédant pas celui versé, a les traitements, aux ministres d’État qui sont à la tê d’État, payable annuellement ou au prorata pour to d’un an et arrondi à la centaine de dollars inférieure l’article 67 de la Loi sur le Parlement du Canada
2019-2020
Chapter 9: Appropriation Act No. 2, 2020–21 SCHEDULE 1.1 (French)
No du crédit
Postes
MINISTÈRE DES AFFAIRES ÉTRANGÈRES, DU COMME DÉVELOPPEMENT Department of Foreign Affairs, Trade and Developm 1
– Dépenses de fonctionnement, y compris celles liées représentants du Canada à l’étranger, à leur person affectés par le gouvernement canadien au personn nationaux
– Autorisation de faire des avances recouvrables à de tionaux jusqu’à concurrence de la valeur des action ces organismes – Dépenses relatives aux locaux de l’Organisation de nationale
– Autorisation d’effectuer des dépenses recouvrables toyens et résidents canadiens qui se trouvent en di compris leurs personnes à charge, et pour rapatrier
– Autorisation, au titre du paragraphe 29.1(2) de la Lo finances publiques, d’affecter, au cours de l’exercic des dépenses connexes engagées au cours de cet e perçues au cours de celui-ci qui proviennent de ce q a) les foires commerciales et éducatives; b) les publications ministérielles; c) la prestation des services suivants : (i) la formation offerte par l’Institut canadien
(ii) les missions commerciales et autres servi ment du commerce international,
(iii) les services de développement des inves
(iv) les services de télécommunication intern
(v) les autres services fournis à l’étranger à d ganismes, sociétés d’État et autres organisat (vi) les services consulaires spécialisés.
– Versement, à chacun des membres du Conseil privé Canada qui occupe une charge de ministre sans po cupe une charge de ministre d’État sans être à la tê d’État, d’un traitement n’excédant pas celui versé, a les traitements, aux ministres d’État qui sont à la tê d’État, payable annuellement ou au prorata pour to d’un an et arrondi à la centaine de dollars inférieure l’article 67 de la Loi sur le Parlement du Canada 5
– Dépenses en capital MINISTÈRE DES PÊCHES ET DES OCÉANS Department of Fisheries and Oceans
– Subventions inscrites à tout budget des dépenses p – Contributions MINISTÈRE DU PATRIMOINE CANADIEN Department of Canadian Heritage
– Subventions inscrites à tout budget des dépenses p – Contributions MUSÉE CANADIEN DE L’IMMIGRATION DU QUAI 21 Canadian Museum of Immigration at Pier 21
– Paiements au Musée pour les dépenses de fonction penses en capital
2019-2020
Chapter 9: Appropriation Act No. 2, 2020–21 SCHEDULE 1.1 (French)
No du crédit
Postes
MUSÉE NATIONAL DES SCIENCES ET DE LA TECHNO National Museum of Science and Technology 1
– Paiements au Musée pour les dépenses de fonction penses en capital SECRÉTARIAT DU CONSEIL DU TRÉSOR Treasury Board Secretariat
Report du budget de fonctionnement
– Autorisation donnée au Conseil du Trésor d’augmen dé pour l’exercice en raison du report de tout budg de l’exercice précédent 30
Besoins en matière de rémunération
– Autorisation donnée au Conseil du Trésor d’augmen dé pour l’exercice pour : a) des prestations parentales et de maternité; b) des versements liés à la cessation de service
c) des rajustements apportés aux modalités de s de l’administration publique fédérale, notamme royale du Canada, et des membres des Forces c pas été pourvus par le crédit 15, Rajustements à
2019-2020
Chapter 9: Appropriation Act No. 2, 2020–21 SCHEDULE 1.2
SCHEDULE 1.2
Based on the Main Estimates 2020–21, the amount granted is $5,5 the items in the Main Estimates that are set out in this Schedule.
Sums granted to Her Majesty by this Act for the fiscal year ending Vote No.
Items CANADA COUNCIL FOR THE ARTS Conseil des Arts du Canada
– Payments to the Council to be used for the furtherance section 8 of the Canada Council for the Arts Act DEPARTMENT OF INDUSTRY Ministère de l’Industrie
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp in that fiscal year — revenues that it receives in that fisc
(a) the provision of internal support services under s and the provision of internal support services to the Property Office;
(b) activities and operations related to communicati Communications Research Centre;
(c) services and insolvency processes under the Ban Act at the Office of the Superintendent of Bankruptc
(d) activities and operations carried out by Corporat Canada Business Corporations Act, the Boards of Tr Cooperatives Act and the Canada Not-for-profit Corp
(e) services and regulatory processes for mergers an ters, including pre-merger notifications, advance rul written opinions, under the Competition Act at the C
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro r than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under se ment of Canada Act, to ministers of State who preside
DEPARTMENT OF PUBLIC WORKS AND GOVERNMENT S Ministère des Travaux publics et des Services gouverne 1
– Operating expenditures for the provision of accommod central services
– Authority to make recoverable expenditures in relation the Canada Pension Plan, the Employment Insurance A erty Management Act
– Authority to expend revenues that it receives during the from the provision of accommodation, common and ce
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp in that fiscal year — revenues that it receives in that fisc the provision of internal support services under section
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro r than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under se ment of Canada Act, to ministers of State who preside
2019-2020
Chapter 9: Appropriation Act No. 2, 2020–21 SCHEDULE 1.2
Vote No.
Items ROYAL CANADIAN MOUNTED POLICE Gendarmerie royale du Canada
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela it incurs in that fiscal year — revenues that it receives in ing from the provision of internal support services und Act SHARED SERVICES CANADA Services partagés Canada 1
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp in that fiscal year from the provision of information tec the Shared Services Canada Act — revenues that it rece from the provision of those services TREASURY BOARD SECRETARIAT Secrétariat du Conseil du Trésor 20
Public Service Insurance
– Payments, in respect of insurance, pension or benefit pr rangements, or in respect of the administration of such ments, including premiums, contributions, benefits, fee tures made in respect of the federal public administrati and in respect of any other persons that the Treasury B
– Authority to expend any revenues or other amounts tha of insurance, pension or benefit programs or other arra (a) to offset premiums, contributions, benefits, fees in respect of those programs or arrangements; and
(b) to provide for the return to eligible employees of under subsection 96(3) of the Employment Insuranc
2019-2020
Chapter 9: Appropriation Act No. 2, 2020–21 SCHEDULE 1.2 (French)
ANNEXE 1.2
D’après le Budget principal des dépenses 2020-2021, la somme ac montants des postes de ce budget, figurant à la présente annexe.
Sommes accordées par la présente loi à Sa Majesté pour l’exercice dées.
No du crédit
Postes CONSEIL DES ARTS DU CANADA Canada Council for the Arts
– Paiements au Conseil devant servir aux fins général 8 de la Loi sur le Conseil des Arts du Canada GENDARMERIE ROYALE DU CANADA Royal Canadian Mounted Police
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Lo finances publiques, d’affecter, au cours de l’exercic des dépenses connexes engagées au cours de cet e perçues au cours de celui-ci qui proviennent notam de services de soutien internes en vertu de l’article MINISTÈRE DE L’INDUSTRIE Department of Industry 1
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Lo finances publiques, d’affecter, au cours de l’exercic des dépenses engagées au cours de cet exercice, le cours de celui-ci qui proviennent de ce qui suit :
a) la prestation de services de soutien internes e 29.2 de cette loi et de services de soutien interne priété intellectuelle du Canada;
b) les activités liées aux recherches sur les comm de recherches sur les communications;
c) les services et la procédure d’insolvabilité, au faillite et l’insolvabilité, au Bureau du surintenda
d) les activités de Corporations Canada au titre d sur les sociétés par actions, de la Loi sur les cha de la Loi canadienne sur les coopératives et de l les organisations à but non lucratif;
e) les services et la procédure réglementaire au rence pour les fusions et toute chose s’y rapport avis préalables à une fusion, les certificats de dé avis consultatifs au titre de la Loi sur la concurre
– Versement, à chacun des membres du Conseil privé Canada qui occupe une charge de ministre sans po cupe une charge de ministre d’État sans être à la tê d’État, d’un traitement n’excédant pas celui versé, a les traitements, aux ministres d’État qui sont à la tê d’État, payable annuellement ou au prorata pour to d’un an et arrondi à la centaine de dollars inférieure l’article 67 de la Loi sur le Parlement du Canada
MINISTÈRE DES TRAVAUX PUBLICS ET DES SERVICE GOUVERNEMENTAUX Department of Public Works and Government Serv 1
2019-2020
– Dépenses de fonctionnement pour la prestation de des locaux et de services communs et centraux
Chapter 9: Appropriation Act No. 2, 2020–21 SCHEDULE 1.2 (French)
No du crédit
Postes
– Autorisation d’effectuer des dépenses recouvrables du Régime de pensions du Canada, de la Loi sur l’a de la Loi sur l’administration des biens saisis
– Autorisation de dépenser les recettes perçues au co proviennent de la prestation de services de gestion vices communs et centraux
– Autorisation, au titre du paragraphe 29.1(2) de la Lo finances publiques, d’affecter, au cours de l’exercic des dépenses engagées au cours de cet exercice, le cours de celui-ci qui proviennent notamment de la de soutien internes en vertu de l’article 29.2 de cett
– Versement, à chacun des membres du Conseil privé Canada qui occupe une charge de ministre sans po cupe une charge de ministre d’État sans être à la tê d’État, d’un traitement n’excédant pas celui versé, a les traitements, aux ministres d’État qui sont à la tê d’État, payable annuellement ou au prorata pour to d’un an et arrondi à la centaine de dollars inférieure l’article 67 de la Loi sur le Parlement du Canada SECRÉTARIAT DU CONSEIL DU TRÉSOR Treasury Board Secretariat 20
Assurances de la fonction publique
– À l’égard de tout ou partie de la fonction publique e personnes déterminées par le Conseil du Trésor, pa dans le cadre des programmes d’assurance, de pen ciaux ou d’autres ententes — ou de l’administration ou ententes —, notamment au titre des primes, con sociaux, frais et autres dépenses
– Autorisation d’affecter tous revenus ou toutes autre dans le cadre des programmes d’assurance, de pen ciaux ou d’autres ententes :
a) pour compenser notamment les primes, cont sociaux, frais et autres dépenses liés à ces progr tentes;
b) pour rembourser les employés admissibles, e ragraphe 96(3) de la Loi sur l’assurance-emploi, primes retenues. SERVICES PARTAGÉS CANADA Shared Services Canada 1
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Lo finances publiques, d’affecter, au cours de l’exercic des dépenses engagées au cours de cet exercice po services de technologie de l’information au titre de partagés Canada, les recettes perçues au cours de c viennent de la prestation de ces services
2019-2020
Chapter 9: Appropriation Act No. 2, 2020–21 SCHEDULE 1.3
SCHEDULE 1.3
Based on the Main Estimates 2020–21, the amount granted is $5 the items in the Main Estimates that are set out in this Schedule.
Sums granted to Her Majesty by this Act for the fiscal year ending Vote No.
Items DEPARTMENT FOR WOMEN AND GENDER EQUALITY Ministère des Femmes et de l’Égalité des genres
– The grants listed in any of the Estimates for the fiscal ye – Contributions
DEPARTMENT OF EMPLOYMENT AND SOCIAL DEVELOPM Ministère de l’Emploi et du Développement social 5
– The grants listed in any of the Estimates for the fiscal ye – Contributions DEPARTMENT OF HEALTH Ministère de la Santé
– The grants listed in any of the Estimates for the fiscal ye
– Contributions, in the form of monetary payments or the services DEPARTMENT OF INDIGENOUS SERVICES Ministère des Services aux Autochtones 1
– Operating expenditures – Expenditures on works, buildings and equipment
– Authority to make expenditures — recoverable or other formed on property that is not federal property and on spect of that property
– Authority to provide, in respect of Indian and Inuit econ tivities, for the capacity development for Indians and In of materials and equipment – Authority to sell electric power to private consumers in alternative local sources of supply are not available, in and conditions approved by the Governor in Council
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela it incurs in that fiscal year — revenues that it receives in
(a) the provision of services or the sale of products r tion and medical services; and
(b) the provision of internal support services under s
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro r than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under se ment of Canada Act, to ministers of State who preside DEPARTMENT OF INDUSTRY Ministère de l’Industrie 10
– The grants listed in any of the Estimates for the fiscal ye – Contributions HOUSE OF COMMONS Chambre des communes
2019-2020
– Program expenditures, including payments in respect o Members’ constituency offices
Chapter 9: Appropriation Act No. 2, 2020–21 SCHEDULE 1.3
Vote No.
Items – Contributions
– Authority to expend revenues that it receives during the from its activities LIBRARY OF PARLIAMENT Bibliothèque du Parlement 1
– Program expenditures
– Authority to expend revenues that it receives in the fisc activities
NATURAL SCIENCES AND ENGINEERING RESEARCH COU Conseil de recherches en sciences naturelles et en géni 5
– The grants listed in any of the Estimates for the fiscal ye PRIVY COUNCIL OFFICE Bureau du Conseil privé
– Program expenditures, including
(a) operating expenditures of Commissions of Inqui vided for;
(b) contributions in respect of costs incurred by pers Commissions of Inquiry; and (c) the operation of the Prime Minister’s residence
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela it incurs in that fiscal year — revenues that it receives in
(a) the provision of intelligence analysis training; an
(b) the provision of internal support services under s
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro r than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under se ment of Canada Act, to ministers of State who preside PUBLIC SERVICE COMMISSION Commission de la fonction publique 1
– Program expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp in that fiscal year — revenues that it receives in that fisc sion of staffing, assessment and counselling services a provision of internal support services under section 29. SHARED SERVICES CANADA Services partagés Canada 5
– Capital expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset cap it incurs in that fiscal year — revenues that it receives in the provision of information technology services under Canada Act
SOCIAL SCIENCES AND HUMANITIES RESEARCH COUNC Conseil de recherches en sciences humaines 5
2019-2020
– The grants listed in any of the Estimates for the fiscal ye
Chapter 9: Appropriation Act No. 2, 2020–21 SCHEDULE 1.3
Vote No.
Items TREASURY BOARD SECRETARIAT Secrétariat du Conseil du Trésor
– Program expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp in that fiscal year — revenues that it receives in that fisc sion of internal support services under section 29.2 of t other activities
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro r than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under se ment of Canada Act, to ministers of State who preside
2019-2020
Chapter 9: Appropriation Act No. 2, 2020–21 SCHEDULE 1.3 (French)
ANNEXE 1.3
D’après le Budget principal des dépenses 2020-2021, la somme ac montants des postes de ce budget, figurant à la présente annexe.
Sommes accordées par la présente loi à Sa Majesté pour l’exercice dées.
No du crédit
Postes BIBLIOTHÈQUE DU PARLEMENT Library of Parliament
– Dépenses du programme
– Autorisation de dépenser les recettes perçues au co proviennent de ses activités BUREAU DU CONSEIL PRIVÉ Privy Council Office 1
– Dépenses du programme, y compris :
a) les dépenses de fonctionnement des commis prévues;
b) les contributions relatives aux frais engagés p comparaissant devant des commissions d’enqu
c) le fonctionnement de la résidence du premier
– Autorisation, au titre du paragraphe 29.1(2) de la Lo finances publiques, d’affecter, au cours de l’exercic des dépenses connexes engagées au cours de cet e perçues au cours de celui-ci qui proviennent de ce q
a) la formation en matière d’analyse du renseign
b) la prestation de services de soutien internes e 29.2 de cette loi.
– Versement, à chacun des membres du Conseil privé Canada qui occupe une charge de ministre sans po cupe une charge de ministre d’État sans être à la tê d’État, d’un traitement n’excédant pas celui versé, a les traitements, aux ministres d’État qui sont à la tê d’État, payable annuellement ou au prorata pour to d’un an et arrondi à la centaine de dollars inférieure l’article 67 de la Loi sur le Parlement du Canada CHAMBRE DES COMMUNES House of Commons 1
– Dépenses du programme, notamment les paiement ment des bureaux de circonscription des députés – Contributions
– Autorisation de dépenser les recettes perçues au co proviennent de ses activités COMMISSION DE LA FONCTION PUBLIQUE Public Service Commission 1
– Dépenses du programme
– Autorisation, au titre du paragraphe 29.1(2) de la Lo finances publiques, d’affecter, au cours de l’exercic des dépenses engagées au cours de cet exercice, le cours de celui-ci qui proviennent de la fourniture de de dotation, d’évaluation et de counseling et de la p de soutien internes en vertu de l’article 29.2 de cett
2019-2020
Chapter 9: Appropriation Act No. 2, 2020–21 SCHEDULE 1.3 (French)
No du crédit
Postes
CONSEIL DE RECHERCHES EN SCIENCES HUMAINES Social Sciences and Humanities Research Council 5
– Subventions inscrites à tout budget des dépenses p
CONSEIL DE RECHERCHES EN SCIENCES NATURELLE Natural Sciences and Engineering Research Counci 5
– Subventions inscrites à tout budget des dépenses p MINISTÈRE DE LA SANTÉ Department of Health
– Subventions inscrites à tout budget des dépenses p
– Contributions, sous forme de paiements en argent o biens ou de services
MINISTÈRE DE L’EMPLOI ET DU DÉVELOPPEMENT SO Department of Employment and Social Developme 5
– Subventions inscrites à tout budget des dépenses p – Contributions MINISTÈRE DE L’INDUSTRIE Department of Industry
– Subventions inscrites à tout budget des dépenses p – Contributions
MINISTÈRE DES FEMMES ET DE L’ÉGALITÉ DES GENR Department for Women and Gender Equality 5
– Subventions inscrites à tout budget des dépenses p – Contributions MINISTÈRE DES SERVICES AUX AUTOCHTONES Department of Indigenous Services
– Dépenses de fonctionnement
– Dépenses relatives aux ouvrages, bâtiments et mat
– Autorisation d’effectuer des dépenses — recouvrab tives aux travaux effectués sur des propriétés n’app vernement fédéral et aux services fournis à l’égard
– Autorisation d’affecter des fonds dans le cadre d’ac progrès économique des Indiens et des Inuits, relat ment de la capacité des Indiens et des Inuits et à l’a matériaux et en matériel
– Autorisation de vendre de l’électricité, conforméme prouvées par le gouverneur en conseil, aux consom particuliers vivant dans des centres éloignés lorsqu pas accès aux sources alternatives locales d’approv
– Autorisation, au titre du paragraphe 29.1(2) de la Lo finances publiques, d’affecter, au cours de l’exercic des dépenses connexes engagées au cours de cet e perçues au cours de celui-ci qui proviennent de ce q
a) la prestation de services ou la vente de produ protection de la santé et aux services médicaux;
b) la prestation de services de soutien internes e 29.2 de cette loi.
– Versement, à chacun des membres du Conseil privé Canada qui occupe une charge de ministre sans po cupe une charge de ministre d’État sans être à la tê
2019-2020
Chapter 9: Appropriation Act No. 2, 2020–21 SCHEDULE 1.3 (French)
No du crédit
Postes
d’État, d’un traitement n’excédant pas celui versé, a les traitements, aux ministres d’État qui sont à la tê d’État, payable annuellement ou au prorata pour to d’un an et arrondi à la centaine de dollars inférieure l’article 67 de la Loi sur le Parlement du Canada SECRÉTARIAT DU CONSEIL DU TRÉSOR Treasury Board Secretariat 1
– Dépenses du programme
– Autorisation, au titre du paragraphe 29.1(2) de la Lo finances publiques, d’affecter, au cours de l’exercic des dépenses engagées au cours de cet exercice, le cours de celui-ci qui proviennent de la prestation de internes en vertu de l’article 29.2 de cette loi et de s
– Versement, à chacun des membres du Conseil privé Canada qui occupe une charge de ministre sans po cupe une charge de ministre d’État sans être à la tê d’État, d’un traitement n’excédant pas celui versé, a les traitements, aux ministres d’État qui sont à la tê d’État, payable annuellement ou au prorata pour to d’un an et arrondi à la centaine de dollars inférieure l’article 67 de la Loi sur le Parlement du Canada SERVICES PARTAGÉS CANADA Shared Services Canada 5
– Dépenses en capital
– Autorisation, au titre du paragraphe 29.1(2) de la Lo finances publiques, d’affecter, au cours de l’exercic des dépenses en capital engagées au cours de cet e perçues au cours de celui-ci qui proviennent de la p de technologie de l’information au titre de la Loi su Canada
2019-2020
Chapter 9: Appropriation Act No. 2, 2020–21 SCHEDULE 1.4
SCHEDULE 1.4
Based on the Main Estimates 2020–21, the amount granted is $1, the items in the Main Estimates that are set out in this Schedule.
Sums granted to Her Majesty by this Act for the fiscal year ending Vote No.
Items
CANADIAN AIR TRANSPORT SECURITY AUTHORITY Administration canadienne de la sûreté du transport aé 1
– Payments to the Authority for operating and capital exp
CANADIAN HIGH ARCTIC RESEARCH STATION Station canadienne de recherche dans l’Extrême-Arctiq 1
– Program expenditures
– The grants listed in any of the Estimates for the fiscal ye – Contributions CANADIAN SPACE AGENCY Agence spatiale canadienne 10
– The grants listed in any of the Estimates for the fiscal ye – Contributions DEPARTMENT OF VETERANS AFFAIRS Ministère des Anciens Combattants
– The grants listed in any of the Estimates for the fiscal ye amount listed for any grant may be increased or decrea proval of the Treasury Board – Contributions OFFICE OF THE PARLIAMENTARY BUDGET OFFICER Bureau du directeur parlementaire du budget
– Program expenditures VIA RAIL CANADA INC. VIA Rail Canada Inc.
– Payments to the corporation in respect of the costs of it – Payments to the corporation for capital expenditures
– Payments to the corporation for the provision of rail pas Canada in accordance with contracts entered into pursu (c)(i) of Transport Vote 52d, Appropriation Act No. 1, 19
2019-2020
Chapter 9: Appropriation Act No. 2, 2020–21 SCHEDULE 1.4 (French)
ANNEXE 1.4
D’après le Budget principal des dépenses 2020-2021, la somme ac des montants des postes de ce budget, figurant à la présente anne
Sommes accordées par la présente loi à Sa Majesté pour l’exercice dées. No du crédit
Postes
ADMINISTRATION CANADIENNE DE LA SÛRETÉ DU TRAN Canadian Air Transport Security Authority 1
– Paiements à l’Administration pour les dépenses de fonc penses en capital AGENCE SPATIALE CANADIENNE Canadian Space Agency
– Subventions inscrites à tout budget des dépenses pour – Contributions BUREAU DU DIRECTEUR PARLEMENTAIRE DU BUDGET Office of the Parliamentary Budget Officer
– Dépenses du programme MINISTÈRE DES ANCIENS COMBATTANTS Department of Veterans Affairs
– Subventions inscrites à tout budget des dépenses pour inscrit à chacune des subventions pouvant être modifié probation du Conseil du Trésor – Contributions
STATION CANADIENNE DE RECHERCHE DANS L’EXTRÊM Canadian High Arctic Research Station 1
– Dépenses du programme – Subventions inscrites à tout budget des dépenses pour – Contributions VIA RAIL CANADA INC. VIA Rail Canada Inc.
– Paiements à la société pour les dépenses liées à sa gest – Paiements à la société pour les dépenses en capital
– Paiements à la société en vue de la prestation d’un serv Canada, conformément aux contrats conclus en vertu d crédit 52d (Transports) de la Loi no 1 de 1977 portant af
2019-2020
Chapter 9: Appropriation Act No. 2, 2020–21 SCHEDULE 1.5
SCHEDULE 1.5
Based on the Main Estimates 2020–21, the amount granted is $1 the items in the Main Estimates that are set out in this Schedule.
Sums granted to Her Majesty by this Act for the fiscal year ending Vote No.
Items
ADMINISTRATIVE TRIBUNALS SUPPORT SERVICE OF CAN Service canadien d’appui aux tribunaux administratifs 1
– Program expenditures
– Authority to make recoverable expenditures in relation the Canada Pension Plan and the Employment Insuranc DEPARTMENT OF TRANSPORT Ministère des Transports 15
Grants and contributions – Green and Innovative Transpor
– The grants listed in any of the Estimates for the fiscal ye – Contributions OFFICE OF INFRASTRUCTURE OF CANADA Bureau de l’infrastructure du Canada 1
– Operating expenditures
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro r than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under se ment of Canada Act, to ministers of State who preside PUBLIC HEALTH AGENCY OF CANADA Agence de la santé publique du Canada 10
– The grants listed in any of the Estimates for the fiscal ye – Contributions
ROYAL CANADIAN MOUNTED POLICE EXTERNAL REVIEW Comité externe d’examen de la Gendarmerie royale du 1
2019-2020
– Program expenditures
Chapter 9: Appropriation Act No. 2, 2020–21 SCHEDULE 1.5 (French)
ANNEXE 1.5
D’après le Budget principal des dépenses 2020-2021, la somme ac montants des postes de ce budget, figurant à la présente annexe.
Sommes accordées par la présente loi à Sa Majesté pour l’exercice dées. No du crédit
Postes AGENCE DE LA SANTÉ PUBLIQUE DU CANADA Public Health Agency of Canada
– Subventions inscrites à tout budget des dépenses pour – Contributions BUREAU DE L’INFRASTRUCTURE DU CANADA Office of Infrastructure of Canada
– Dépenses de fonctionnement
– Versement, à chacun des membres du Conseil privé de Canada qui occupe une charge de ministre sans portefe une charge de ministre d’État sans être à la tête d’un dé d’un traitement n’excédant pas celui versé, au titre de la ments, aux ministres d’État qui sont à la tête d’un dépa payable annuellement ou au prorata pour toute période arrondi à la centaine de dollars inférieure en application Loi sur le Parlement du Canada
COMITÉ EXTERNE D’EXAMEN DE LA GENDARMERIE ROY Royal Canadian Mounted Police External Review Comm 1
– Dépenses du programme MINISTÈRE DES TRANSPORTS Department of Transport
Subventions et contributions — Réseau de transport écolo – Subventions inscrites à tout budget des dépenses pour – Contributions
SERVICE CANADIEN D’APPUI AUX TRIBUNAUX ADMINIS Administrative Tribunals Support Service of Canada 1
– Dépenses du programme
– Autorisation d’effectuer des dépenses recouvrables liée Régime de pensions du Canada et de la Loi sur l’assura
2019-2020
Chapter 9: Appropriation Act No. 2, 2020–21 SCHEDULE 1.6
SCHEDULE 1.6
Based on the Main Estimates 2020–21, the amount granted is $16 items in the Main Estimates that are set out in this Schedule.
Sums granted to Her Majesty by this Act for the fiscal year ending Vote No.
Items
CANADIAN CENTRE FOR OCCUPATIONAL HEALTH AND S Centre canadien d’hygiène et de sécurité au travail 1
– Program expenditures CANADIAN NUCLEAR SAFETY COMMISSION Commission canadienne de sûreté nucléaire
– Program expenditures
– The grants listed in any of the Estimates for the fiscal ye – Contributions MARINE ATLANTIC INC. Marine Atlantique S.C.C. 1
– Payments to the corporation in respect of the costs of it – Payments to the corporation for capital expenditures
– Payments to the corporation for transportation services transportation services between Nova Scotia and Newf Labrador and related vessels, terminals and infrastructu
2019-2020
Chapter 9: Appropriation Act No. 2, 2020–21 SCHEDULE 1.6 (French)
ANNEXE 1.6
D’après le Budget principal des dépenses 2020-2021, la somme a montants des postes de ce budget, figurant à la présente annexe.
Sommes accordées par la présente loi à Sa Majesté pour l’exercice dées. No du crédit
Postes
CENTRE CANADIEN D’HYGIÈNE ET DE SÉCURITÉ AU TRA Canadian Centre for Occupational Health and Safety 1
– Dépenses du programme COMMISSION CANADIENNE DE SÛRETÉ NUCLÉAIRE Canadian Nuclear Safety Commission
– Dépenses du programme – Subventions inscrites à tout budget des dépenses pour – Contributions MARINE ATLANTIQUE S.C.C. Marine Atlantic Inc.
– Paiements à la société pour les dépenses liées à sa gest – Paiements à la société pour les dépenses en capital
– Paiements à la société pour les services de transport, y de transport maritime entre la Nouvelle-Écosse et Terre et les navires, terminaux et infrastructures connexes
2019-2020
Chapter 9: Appropriation Act No. 2, 2020–21 SCHEDULE 1.7
SCHEDULE 1.7
Based on the Main Estimates 2020–21, the amount granted is $93 items in the Main Estimates that are set out in this Schedule.
Sums granted to Her Majesty by this Act for the fiscal year ending Vote No.
Items DEPARTMENT OF INDIGENOUS SERVICES Ministère des Services aux Autochtones
– The grants listed in any of the Estimates for the fiscal ye
– Contributions, in the form of monetary payments or the services DEPARTMENT OF JUSTICE Ministère de la Justice 1
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp in that fiscal year — revenues that it receives in that fisc
(a) the provision of mandatory legal services to fede agencies;
(b) the provision to Crown corporations, non-federa ternational organizations of optional legal services t the Department’s mandate; and
(c) the provision of internal support services under s
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro r than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under se ment of Canada Act, to ministers of State who preside ROYAL CANADIAN MOUNTED POLICE Gendarmerie royale du Canada 10
– The grants listed in any of the Estimates for the fiscal ye amount listed for any grant may be increased or decrea proval of the Treasury Board – Contributions
2019-2020
Chapter 9: Appropriation Act No. 2, 2020–21 SCHEDULE 1.7 (French)
ANNEXE 1.7
D’après le Budget principal des dépenses 2020-2021, la somme acc tants des postes de ce budget, figurant à la présente annexe.
Sommes accordées par la présente loi à Sa Majesté pour l’exercice dées. No du crédit
Postes GENDARMERIE ROYALE DU CANADA Royal Canadian Mounted Police
– Subventions inscrites à tout budget des dépenses pour prévu pour chaque subvention pouvant être modifié so bation du Conseil du Trésor – Contributions MINISTÈRE DE LA JUSTICE Department of Justice
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Loi sur nances publiques, d’affecter, au cours de l’exercice, à la dépenses engagées au cours de cet exercice, les recette de celui-ci qui proviennent de ce qui suit :
a) les services juridiques fournis de manière obligato organismes fédéraux;
b) les services juridiques — conformes au mandat d de manière facultative à des sociétés d’État et à des dérales ou internationales;
c) les services de soutien internes fournis en vertu d cette loi.
– Versement, à chacun des membres du Conseil privé de Canada qui occupe une charge de ministre sans portefe une charge de ministre d’État sans être à la tête d’un dé d’un traitement n’excédant pas celui versé, au titre de la ments, aux ministres d’État qui sont à la tête d’un dépa payable annuellement ou au prorata pour toute période arrondi à la centaine de dollars inférieure en application Loi sur le Parlement du Canada MINISTÈRE DES SERVICES AUX AUTOCHTONES Department of Indigenous Services 10
– Subventions inscrites à tout budget des dépenses pour
– Contributions, sous forme de paiements en argent ou d ou de services
2019-2020
Chapter 9: Appropriation Act No. 2, 2020–21 SCHEDULE 2.1
SCHEDULE 2.1
Based on the Main Estimates 2020–21, the amount granted is $2 the items in the Main Estimates that are set out in this Schedule.
Sums granted to Her Majesty by this Act for the fiscal year endin following fiscal year ending March 31, 2022 and the purposes for w Vote No.
Items CANADA BORDER SERVICES AGENCY Agence des services frontaliers du Canada
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the Fi tration Act, to expend in the fiscal year — in order to off that it incurs in that fiscal year — revenues that it receiv year from
(a) fees, related to border operations, for the provisio the use of a facility or for a product, right or privilege
(b) payments received under contracts entered into b 5
– Capital expenditures CANADA REVENUE AGENCY Agence du revenu du Canada
– Operating expenditures – Contributions
– Authority to make recoverable expenditures in relation t of the Canada Pension Plan and the Employment Insura 5
– Capital expenditures
– Authority to make recoverable expenditures in relation t of the Canada Pension Plan and the Employment Insura PARKS CANADA AGENCY Agence Parcs Canada 5
2019-2020
– Amounts credited to the New Parks and Historic Sites Ac purposes specified in subsection 21(3) of the Parks Cana
Chapter 9: Appropriation Act No. 2, 2020–21 SCHEDULE 2.1 (French)
ANNEXE 2.1
D’après le Budget principal des dépenses 2020-2021, la somme ac montants des postes de ce budget, figurant à la présente annexe.
Sommes accordées par la présente loi à Sa Majesté pour l’exercice en cours et à l’exercice suivant se terminant le 31 mars 2022, et fin No du crédit
Postes AGENCE DES SERVICES FRONTALIERS DU CANADA Canada Border Services Agency
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Loi sur nances publiques, d’affecter, au cours de l’exercice, à la dépenses engagées au cours de cet exercice, les recette de celui-ci qui proviennent de ce qui suit :
a) les droits — liés aux activités à la frontière — perç d’un service, l’utilisation d’une installation, l’achat d cice d’un droit ou d’un privilège;
b) les paiements reçus au titre de contrats conclus p 5
– Dépenses en capital AGENCE DU REVENU DU CANADA Canada Revenue Agency
– Dépenses de fonctionnement – Contributions
– Autorisation d’effectuer des dépenses recouvrables liée Régime de pensions du Canada et de la Loi sur l’assura 5
– Dépenses en capital
– Autorisation d’effectuer des dépenses recouvrables liée Régime de pensions du Canada et de la Loi sur l’assura AGENCE PARCS CANADA Parks Canada Agency 5
2019-2020
– Sommes créditées au Compte des nouveaux parcs et lie les fins visées au paragraphe 21(3) de la Loi sur l’Agenc
Chapter 9: Appropriation Act No. 2, 2020–21 SCHEDULE 2.2
SCHEDULE 2.2
Based on the Main Estimates 2020–21, the amount granted is $59 Main Estimates that is set out in this Schedule.
Sum granted to Her Majesty by this Act for the fiscal year ending following fiscal year ending March 31, 2022 and the purposes for w Vote No.
Items PARKS CANADA AGENCY Agence Parcs Canada
– Program expenditures – Capital expenditures
– The grants listed in any of the Estimates for the fiscal ye – Contributions, including (a) expenditures on other than federal property; and
(b) payments to provinces and municipalities as cont wards the cost of undertakings carried out by those b
2019-2020
Chapter 9: Appropriation Act No. 2, 2020–21 SCHEDULE 2.2 (French)
ANNEXE 2.2
D’après le Budget principal des dépenses 2020-2021, la somme ac du poste de ce budget, figurant à la présente annexe.
Somme accordée par la présente loi à Sa Majesté pour l’exercice s cours et à l’exercice suivant se terminant le 31 mars 2022, et fins a No du crédit
Postes AGENCE PARCS CANADA Parks Canada Agency
– Dépenses du programme – Dépenses en capital – Subventions inscrites à tout budget des dépenses pour – Contributions, notamment :
a) les dépenses afférentes à des propriétés autres qu nement fédéral;
b) les paiements aux provinces et aux municipalités tions à l’égard des engagements assumés par ces de
Published under authority of the Speaker of the House of Commons 2019-2020
Disponible sur le site Web de la Chambre des comm
|
First Session, Forty-third Parliament, 68-69 Elizabeth II, 2019-2020
STATUTES OF CANADA 2020
CHAPTER 4
An Act to amend the Financial Administration Act (special warrant)
ASSENTED TO MARCH 13, 2020 BILL C-12
SUMMARY This enactment amends the Financial Administration Act to, among other things, permit that a special warrant, authorizing a payment out of the Consolidated Revenue Fund, may be issued while Parliament is in session but is not sitting. It also provides for the repeal of that amendment on June 24, 2020, such that special warrants will be issued, as before, only when Parliament is not in session.
i
68-69 ELIZABETH II
CHAPTER 4
An Act to amend the Financial Administration Act (special warrant) [Assented to 13th March, 2020] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: R.S., c. F-11
Financial Administration Act Amendments to the Act 1 (1) Subsections 30(1) and (1.1) of the Financial
Administration Act are replaced by the following: Payments urgently required 30 (1) Where a payment is urgently required for the
public good, (a) at any time that Parliament is in session but is not sitting, and (b) there is no other appropriation pursuant to which the payment may be made,
the Governor in Council, on the report of the President of the Treasury Board that there is no appropriation for the payment and the report of the appropriate Minister that the payment is urgently required for the public good, may, by order, direct the preparation of a special warrant to be signed by the Governor General authorizing the payment to be made out of the Consolidated Revenue Fund. (2) Subsection 30(1) of the Act is replaced by the
following: Payments urgently required 30 (1) Subject to subsection (1.1), where a payment is
urgently required for the public good
2019-2020
Chapter 4: An Act to amend the Financial Administration Act (special warrant) Financial Administration Act Amendments to the Act Section 1
(a) at any time that Parliament is not in session from the date of a dissolution until 60 days following the date fixed for the return of the writs at the general election immediately following that dissolution, and (b) there is no other appropriation pursuant to which the payment may be made,
the Governor in Council, on the report of the President of the Treasury Board that there is no appropriation for the payment and the report of the appropriate Minister that the payment is urgently required for the public good, may, by order, direct the preparation of a special warrant to be signed by the Governor General authorizing the payment to be made out of the Consolidated Revenue Fund. No special warrants when Parliament prorogued (1.1) The Governor in Council shall not, in the 60 days referred to in subsection (1), direct the preparation of a special warrant referred to in that subsection when Parliament is not in session on any of those days by virtue of the fact that it is prorogued. (3) Subsection 30(3) of the Act is replaced by the
following: Distribution and publication (3) Every warrant issued under this section shall be (a) sent to a representative of every recognized party
in the House of Commons as soon as it has been issued; (b) sent to the Clerk of the House of Commons within
seven days after it is issued; and (c) published in the Canada Gazette within seven
days after it is issued. (4) Subsection 30(3) of the Act is replaced by the
following: Publication and report (3) Every warrant issued under this section shall be published in the Canada Gazette within 30 days after it is issued, and a statement showing all warrants issued under this section and the amounts of those warrants shall be laid by the President of the Treasury Board before the House of Commons within 15 days after the commencement of the next ensuing session of Parliament.
2019-2020
Chapter 4: An Act to amend the Financial Administration Act (special warrant) Financial Administration Act Coming into Force Section 2
Coming into Force June 24, 2020 2 Subsections 1(2) and (4) come into force on June 24, 2020.
Published under authority of the Speaker of the House of Commons 2019-2020
Disponible sur le site Web de la Chambre des comm
|
First Session, Forty-third Parliament, 68-69 Elizabeth II, 2019-2020
STATUTES OF CANADA 2020
CHAPTER 5
An Act respecting certain measures in response to COVID-19
ASSENTED TO MARCH 25, 2020 BILL C-13
RECOMMENDATION Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act respecting certain measures in response to COVID-19”.
SUMMARY Part 1 implements, as part of the response to the coronavirus disease 2019 (COVID-19), certain income tax measures by (a) introducing a one-time additional payment under the GST/HST tax credit; (b) providing temporary additional amounts under the Canada Child Benefit; (c) reducing required minimal withdrawals from registered retirement income funds by 25% for 2020; and (d) providing eligible small employers a temporary wage subsidy for a period of three months.
Part 2 enacts the Canada Emergency Response Benefit Act to authorize the making of income support payments to workers who suffer a loss of income for reasons related to the coronavirus disease 2019. Part 3 enacts the Public Health Events of National Concern Payments Act, which authorizes payments to be made out of the Consolidated Revenue Fund in relation to public health events of national concern. It also provides for the repeal of the Act on September 30, 2020. Part 4 amends the Canada Deposit Insurance Corporation Act to allow the Minister of Finance to increase the deposit insurance coverage limit until September 30, 2020. Part 5 amends the Canada Mortgage and Housing Corporation Act to authorize the Minister of Finance, with the approval of the Governor in Council, to make payments to the Canada Mortgage and Housing Corporation out of the Consolidated Revenue Fund for the purpose of increasing the Corporation’s capital. Part 6 amends the Export Development Act to broaden the purposes for which Export Development Canada is established and to permit the Minister of Finance, until September 30, 2020, to determine the amount of Export Development Canada’s authorized capital as well as the amount of certain limits applicable to Export Development Canada. It broadens the transactions for which the Minister of International Trade, with the concurrence of the Minister of Finance, may grant an authorization. It also provides for the suspension of certain provisions of the Export Development Canada Exercise of Certain Powers Regulations.
i
Chapter 5: COVID-19 Emergency Response Act SUMMARY
Part 7 amends the Federal-Provincial Fiscal Arrangements Act to authorize additional payments to the provinces and territories for the fiscal year beginning on April 1, 2019. Part 8 amends Part IV of the Financial Administration Act to authorize the Minister of Finance, until September 30, 2020, to borrow money under that Act for certain payments without the authorization of the Governor in Council, and it also amends that Part to extend the time for the tabling of the report on that Minister’s plans in relation to the management of the public debt. It also amends Part IV.1 of that Act to authorize that Minister to make payments to an entity and to procure the incorporation of a corporation or establish an entity, other than a corporation, for the purposes of promoting the stability or maintaining the efficiency of the financial system in Canada. Finally, it makes related amendments to the Borrowing Authority Act and a consequential amendment to the Canada Deposit Insurance Corporation Act. Part 9 amends the Food and Drugs Act to, among other things, authorize the Governor in Council to make regulations (a) requiring persons to provide information to the Minister of Health; and (b) preventing shortages of therapeutic products in Canada or alleviating those shortages or their effects, in order to protect human health. Part 10 amends the Canada Labour Code to, among other things, create a regime which provides for a leave related to COVID-19 of up to 16 weeks. It also amends that Act to provide for the repeal of that regime and to provide for a quarantine leave under the medical leave regime. Part 11 amends the National Housing Act to increase, for a period of five years, the maximum total for the outstanding insured amounts of all insured loans. Part 12 amends the Patent Act to, among other things, provide that the Commissioner must, on the application of the Minister of Health, authorize the Government of Canada and any person specified in the application to make, construct, use and sell a patented invention to the extent necessary to respond to a public health emergency that is a matter of national concern. Part 13 amends the Canada Student Loans Act to provide that, during the period that begins on March 30, 2020 and ends on September 30, 2020, no interest is payable by a borrower on a guaranteed student loan and no amount on account of principal or interest is required to be paid by the borrower. Part 14 amends the Farm Credit Canada Act to authorize the Minister of Finance to determine the limit on the amounts that the Minister of Finance may pay to Farm Credit Canada out of the Consolidated Revenue Fund. Part 15 amends the Canada Student Financial Assistance Act to provide that, during the period that begins on March 30, 2020 and ends on September 30, 2020, no interest is payable by a borrower on a student loan and no amount on account of principal or interest is required to be paid by the borrower. Part 16 amends the Business Development Bank of Canada Act to authorize the Minister of Finance to determine the limit on the aggregate of the paid-in capital — and any related contributed surplus — of the Business Development Bank and any proceeds prescribed as equity. Part 17 amends the Apprentice Loans Act to provide that, during the period that begins on March 30, 2020 and ends on September 30, 2020, no interest is payable by a borrower on an apprentice loan and no amount on account of principal or interest is required to be paid by a borrower.
2019-2020
ii
Chapter 5: COVID-19 Emergency Response Act SUMMARY
Division 1 of Part 18 amends the Employment Insurance Act to give the Minister of Employment and Social Development the power to make interim orders for the purpose of mitigating the economic effects of COVID-19. Division 2 of Part 18 provides that every reference in any provision of the Employment Insurance Act and of regulations made under it to a certificate issued by a medical doctor or other medical professional or medical practitioner or by a nurse practitioner is deemed to be of no effect and that any benefit that would have been payable to a claimant had such a certificate been issued is payable to the claimant if the Canada Employment Insurance Commission is satisfied that the claimant is entitled to the benefit.
2019-2020
iv
TABLE OF PROVISIONS An Act respecting certain measures in response to COVID-19
Short Title 1
COVID-19 Emergency Response Act
PART 1
Income Tax Act and Income Tax Regulations 2
PART 2
Canada Emergency Response Benefit Act 8
Enactment of Act
An Act respecting income support payments for workers (coronavirus disease 2019) 1
Canada Emergency Response Benefit Act
Definitions
Regulations — definition of worker
Payment
Application
Eligibility
Amount of payment
Maximum number of weeks
Social Insurance Number
Provision of information and documents
Payments cannot be charged, etc.
Return of erroneous payment or overpayment
Limitation or prescription period
No interest payable
PART 3
Public Health Events of National Concern Payments Act 9
2019-2020
Enactment of Act
v
Chapter 5: COVID-19 Emergency Response Act TABLE OF PROVISIONS
An Act to authorize the making of payments in relation to public health events of national concern Short Title 1
Public Health Events of National Concern Payments Act
Public Health Event of National Concern 2
Payments — public health event of national concern
PART 4
Canada Deposit Insurance Corporation Act 12
PART 5
Canada Mortgage and Housing Corporation Act 16
PART 6
Export Development Act 17
PART 7
Federal-Provincial Fiscal Arrangements Act 22
PART 8
Financial Administration Act 23
PART 9
Food and Drugs Act 33
PART 10
Canada Labour Code
2019-2020
v
Chapter 5: COVID-19 Emergency Response Act TABLE OF PROVISIONS
PART 11
National Housing Act
PART 12
Patent Act 51
PART 13
Canada Student Loans Act
PART 14
Farm Credit Canada Act 53
PART 15
Canada Student Financial Assistance Act
PART 16
Business Development Bank of Canada Act
PART 17
Apprentice Loans Act 56
PART 18
Employment Insurance 57
2019-2020
vi
68-69 ELIZABETH II
CHAPTER 5
An Act respecting certain measures in response to COVID-19 [Assented to 25th March, 2020] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Short Title Short title 1 This Act may be cited as the COVID-19 Emergency Response Act.
PART 1
Income Tax Act and Income Tax Regulations R.S., c. 1 (5th Supp.)
Income Tax Act 2 (1) Section 122.5 of the Income Tax Act is
amended by adding the following after subsection (3): COVID-19 — additional deemed payment (3.001) An eligible individual in relation to a month
specified for a taxation year who files a return of income for the taxation year is deemed to have paid during the specified month on account of their tax payable under this Part for the taxation year an amount determined by the formula 0.5(A − B)
where A
is the total of (a) $580,
2019-2020
Chapter 5: COVID-19 Emergency Response Act PART 1 Income Tax Act and Income Tax Regulations Income Tax Act Section 2
(b) $580 for the qualified relation, if any, of the
individual in relation to the specified month, (c) if the individual has no qualified relation in relation to the specified month and is entitled to deduct an amount for the taxation year under subsection 118(1) because of paragraph (b) of the description of B in that subsection in respect of a qualified dependant of the individual in relation to the specified month, $580, (d) $306 times the number of qualified dependants of the individual in relation to the specified month, other than a qualified dependant in respect of whom an amount is included under paragraph (c) in computing the total for the specified month, (e) if the individual has no qualified relation and
has one or more qualified dependants, in relation to the specified month, $306, and (f) if the individual has no qualified relation and
no qualified dependant, in relation to the specified month, the lesser of $306 and 2% of the amount, if any, by which the individual’s income for the taxation year exceeds $9,412; and B
is 5% of the amount, if any, by which the individual’s adjusted income for the taxation year in relation to the specified month exceeds $37,789.
(2) Section 122.5 of the Act is amended by adding the following after subsection (3.01):
COVID-19 — shared-custody parent (3.02) Notwithstanding subsection (3.001), if an eligible individual is a shared-custody parent (within the meaning assigned by section 122.6, but with the words qualified dependant in that section having the meaning assigned by subsection (1)) in respect of one or more qualified dependants at the beginning of a month, the amount deemed by subsection (3.001) to have been paid during the specified month is equal to the amount determined by the following formula: 0.5(A + B)
where A
is the amount determined by the formula in subsection (3.001), calculated without reference to this subsection; and
B
is the amount determined by the formula in subsection (3.001), calculated without reference to this subsection and subparagraph (b)(ii) of the definition eligible individual in section 122.6.
2019-2020
Chapter 5: COVID-19 Emergency Response Act PART 1 Income Tax Act and Income Tax Regulations Income Tax Act Sections 2-5
(3) Section 122.5 of the Act is amended by adding
the following after subsection (4):
COVID-19 — month specified (4.1) Notwithstanding subsection (4) and for the purposes of this section, the month specified in subsection (3.001) is May 2020 (or an earlier month designated by the Minister) and the taxation year is the 2018 taxation year. 3 Section 122.61 of the Act is amended by adding
the following after subsection (1):
COVID-19 — additional amount (1.01) If the month referred to in subsection (1) is May
2020, each amount expressed in dollars referred to in paragraphs (a) and (b) of the description of E in subsection (1) is deemed, for that month, to be equal to that amount (as adjusted under subsection (5)) plus an additional amount of $3,600. For greater certainty, the adjustment in subsection (5) shall not take into account this additional amount. 4 Section 146.3 of the Act is amended by adding the following after subsection (1.3):
Adjusted minimum amount for 2020 (1.4) The minimum amount under a retirement income fund for 2020 is 75% of the amount that would, in the absence of this subsection, be the minimum amount under the fund for the year.
Exceptions (1.5) Subsection (1.4) does not apply to a retirement income fund for the purposes of subsections (5.1) and 153(1) and the definition periodic pension payment in section 5 of the Income Tax Conventions Interpretation Act.
5 (1) Paragraph 152(1)(b) of the Act is replaced by
the following: (b) the amount of tax, if any, deemed by subsection
120(2) or (2.2), 122.5(3) or (3.001), 122.51(2), 122.7(2) or (3), 122.8(4), 122.9(2), 122.91(1), 125.4(3), 125.5(3), 125.6(2), 127.1(1), 127.41(3) or 210.2(3) or (4) to be paid on account of the taxpayer’s tax payable under this Part for the year.
2019-2020
Chapter 5: COVID-19 Emergency Response Act PART 1 Income Tax Act and Income Tax Regulations Income Tax Act Sections 5-6
(2) Paragraph 152(1.2)(d) of the Act is replaced by the following: (d) if the Minister determines the amount deemed by subsection 122.5(3) or (3.001) to have been paid by an individual for a taxation year to be nil, subsection (2) does not apply to the determination unless the individual requests a notice of determination from the Minister. (3) Paragraph 152(4.2)(b) of the Act is replaced by the following: (b) redetermine the amount, if any, deemed by subsection 120(2) or (2.2), 122.5(3) or (3.001), 122.51(2), 122.7(2) or (3), 122.8(4), 122.9(2), 122.91(1), 127.1(1), 127.41(3) or 210.2(3) or (4) to be paid on account of the taxpayer’s tax payable under this Part for the year or deemed by subsection 122.61(1) to be an overpayment on account of the taxpayer’s liability under this Part for the year. 6 (1) Section 153 of the Act is amended by adding the following after subsection (1.01):
COVID-19 — deemed remittance (1.02) For the purposes of this Act, if an eligible employer pays, at a particular time that is within the eligible period, eligible remuneration in respect of which a particular amount is required to be deducted or withheld under subsection (1), then the eligible employer is deemed to have remitted to the Receiver General at the particular time in respect of the particular amount, an amount equal to the least of (a) the amount determined by the formula A−B
where A
is the prescribed amount, and
B
is the total of all amounts, each of which is an amount deemed to have been remitted by the eligible employer under this subsection prior to the particular time (and, if more than one such payment is made at the particular time, the eligible employer may designate the order in which the amounts are considered to have been paid),
(b) the amount determined by the formula C×D
where C
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is the prescribed percentage, and
Chapter 5: COVID-19 Emergency Response Act PART 1 Income Tax Act and Income Tax Regulations Income Tax Act Section 6
is the amount of the eligible remuneration, and
D
(c) the amount determined by the formula E×F
where E
is the prescribed amount, and
F
is the total number of eligible employees employed by the eligible employer during the eligible period.
Definitions — subsection (1.02) (1.03) The following definitions apply for the purposes
of this subsection and subsection (1.02). eligible employee means an individual who is employed in Canada. (employé admissible) eligible employer means a person or partnership that (a) employs one or more eligible employees; (b) has, on March 18, 2020, a business number in respect of which the person or partnership is registered with the Minister to make remittances required under this section; and (c) is any of (i) a Canadian-controlled private corporation for the purposes of section 125 that (A) would have a business limit for its last taxation year that ended before the start of the eligible period greater than nil, if the amount determined for paragraph 125(5.1)(b) were deemed to be nil, or (B) if the corporation does not have a taxation year that ended before the start of the eligible period, would meet the condition in clause (A) if its taxation year ended immediately before the start of the eligible period, (ii) an individual (other than a trust), (iii) a partnership, all of the members of which are
described in subparagraphs (i) to (iii) or (v), (iv) a person exempt from tax under Part I because
of paragraph 149(1)(l), and (v) a registered charity. (employeur admissible)
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eligible period means the period beginning on March 18, 2020 and that ends on June 19, 2020. (période d’admissibilité) eligible remuneration means salary, wages or other remuneration paid to an eligible employee during the eligible period. (rémunération admissible)
Deemed remittances under subsection (1.02) (1.04) For greater certainty, amounts deemed under
subsection (1.02) to have been remitted to the Receiver General are deemed to not be held in trust under subsections 227(4) and (4.1). C.R.C., c. 945
Income Tax Regulations 7 Section 8506 of the Income Tax Regulations is amended by adding the following after subsection (7): (7.1) The minimum amount for a member’s account under a money purchase provision of a registered pension plan for 2020 is 75% of the amount that would, in the absence of this subsection, be the minimum amount for the account for the year.
PART 2
Canada Emergency Response Benefit Act Enactment of Act 8 The Canada Emergency Response Benefit Act
is enacted as follows: An Act respecting income support payments for workers (coronavirus disease 2019) Short title 1 This Act may be cited as the Canada Emergency Response Benefit Act.
Definitions 2 The following definitions apply in this Act.
COVID-19 means the coronavirus disease 2019. (COVID-19)
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Minister means the Minister of Employment and Social Development. (ministre) week means the period of seven consecutive days beginning on and including Sunday. (semaine) worker means a person who is at least 15 years of age, who is resident in Canada and who, for 2019 or in the 12month period preceding the day on which they make an application under section 5, has a total income of at least $5,000 — or, if another amount is fixed by regulation, of at least that amount — from the following sources: (a) employment; (b) self-employment; (c) benefits paid to the person under any of subsections 22(1), 23(1), 152.04(1) and 152.05(1) of the Employment Insurance Act; and (d) allowances, money or other benefits paid to the person under a provincial plan because of pregnancy or in respect of the care by the person of one or more of their new-born children or one or more children placed with them for the purpose of adoption. (travailleur)
Regulations — definition of worker 3 With the consent of the Minister of Finance, the Minister may, by regulation, fix an amount for the purposes of the definition worker in section 2.
Payment 4 The Minister must make an income support payment
to a worker who makes an application under section 5 and who is eligible for the payment. Application 5 (1) A worker may, in the form and manner established by the Minister, apply for an income support payment for any four-week period falling within the period beginning on March 15, 2020 and ending on October 3, 2020.
Limitation (2) No worker is permitted to file an application after December 2, 2020.
Information (3) An applicant must provide the Minister with any information that the Minister may require in respect of the application.
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Eligibility 6 (1) A worker is eligible for an income support payment
if (a) the worker, whether employed or self-employed, ceases working for reasons related to COVID-19 for at least 14 consecutive days within the four-week period in respect of which they apply for the payment; and (b) they do not receive, in respect of the consecutive
days on which they have ceased working, (i) subject to the regulations, income from employment or self-employment, (ii) benefits, as defined in subsection 2(1) of the Employment Insurance Act, (iii) allowances, money or other benefits paid to the worker under a provincial plan because of pregnancy or in respect of the care by the worker of one or more of their new-born children or one or more children placed with them for the purpose of adoption, or (iv) any other income that is prescribed by regulation.
Exclusion (2) An employed worker does not cease work for the purpose of paragraph (1)(a) if they quit their employment voluntarily.
Regulations (3) The Minister may, by regulation, (a) exclude a class of income from the application of subparagraph (1)(b)(i); and (b) prescribe any other income for the purposes of
subparagraph (1)(b)(iv). Amount of payment 7 (1) The amount of an income support payment for a week is the amount fixed by regulation for that week.
Regulations (2) With the consent of the Minister of Finance, the Minister may, by regulation, fix the amount of an income support payment for a week specified in the regulation.
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Distinguishing — classes (3) Regulations made under subsection (2) may distinguish among different classes of workers.
Maximum number of weeks 8 (1) The maximum number of weeks for which income
support payments may be made to a worker is 16 weeks or, if another number of weeks is fixed by regulation, that number of weeks.
Regulations (2) With the consent of the Minister of Finance, the Minister may, by regulation, fix a number of weeks for the purpose of subsection (1). Social Insurance Number 9 The Minister is authorized to collect and use, for the
purposes of the administration and enforcement of this Act, the Social Insurance Number of a person who makes an application under this Act. Provision of information and documents 10 The Minister may, for any purpose related to verifying compliance or preventing non-compliance with this Act, by notice served personally or by confirmed delivery service, require that any person provide any information or document within the reasonable time that is stated in the notice. Payments cannot be charged, etc. 11 An income support payment (a) is not subject to the operation of any law relating to bankruptcy or insolvency; (b) cannot be assigned, charged, attached or given as security; (c) cannot be retained by way of deduction, set-off or
compensation under any Act of Parliament other than this Act; and (d) is not garnishable moneys for the purposes of the
Family Orders and Agreements Enforcement Assistance Act. Return of erroneous payment or overpayment 12 (1) If the Minister determines that a person has received an income support payment to which the person is not entitled, or an amount in excess of the amount of such a payment to which the person is entitled, the
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person must repay the amount of the payment or the excess amount, as the case may be, as soon as is feasible. Recovery as debt due to Her Majesty (2) The amount of the erroneous payment or overpayment, as determined by the Minister, constitutes a debt due to Her Majesty in right of Canada, as of the day on which it was paid, that may be recovered by the Minister.
Certificate of default (3) The amount of any debt referred to in subsection (2)
may be certified by the Minister, and registration of the certificate in the Federal Court has the same effect as a judgment of that Court for the amount specified in the certificate and all related registration costs. Limitation or prescription period 13 (1) Subject to subsections (2) to (7), no action or proceedings are to be taken to recover money owing under this Act after the expiry of the six-year limitation or prescription period that begins on the day on which the money becomes due and payable. Deduction, set-off or compensation (2) Money owing by a person under this Act may be recovered at any time by way of deduction from, set-off against or compensation against any sum of money, including an income support payment under this Act, that may be due or payable by Her Majesty in right of Canada to the person, other than an amount payable under section 122.61 of the Income Tax Act.
Acknowledgment of liability (3) If a person’s liability for money owing under this Act is acknowledged in accordance with subsection (5), the time during which the limitation or prescription period has run before the acknowledgment does not count in the calculation of that period.
Acknowledgment after expiry of limitation or prescription period (4) If a person’s liability for money owing under this Act
is acknowledged in accordance with subsection (5) after the expiry of the limitation or prescription period, an action or proceedings to recover the money may, subject to subsections (3) and (6), be brought within six years after the date of the acknowledgment.
Types of acknowledgment (5) An acknowledgment of liability means
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Chapter 5: COVID-19 Emergency Response Act PART 2 Canada Emergency Response Benefit Act Sections 8-9
(a) a promise to pay the money owing, made by the
person or their agent, mandatary or other representative; (b) an acknowledgment of the money owing, made by
the person or their agent, mandatary or other representative, whether or not a promise to pay can be implied from it and whether or not it contains a refusal to pay; (c) a part payment by the person or their agent, mandatary or other representative of any money owing; or (d) an acknowledgment of the money owing, made in
the course of proceedings under the Bankruptcy and Insolvency Act or any other legislation dealing with the payment of debts by the person, their agent, mandatary or other representative or the trustee or administrator. Limitation or prescription period suspended (6) The running of a limitation or prescription period in
respect of money owing under this Act is suspended during any period in which it is prohibited to commence or continue an action or other proceedings against the person to recover money owing under this Act. Enforcement proceedings (7) This section does not apply in respect of an action or proceedings relating to the execution, renewal or enforcement of a judgment.
No interest payable 14 No interest is payable on any amount owing to Her Majesty in right of Canada under this Act as a result of an erroneous payment or overpayment.
PART 3
Public Health Events of National Concern Payments Act Enactment of Act Enactment 9 The Public Health Events of National Concern Payments Act is enacted as follows:
An Act to authorize the making of payments in relation to public health events of national concern
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Chapter 5: COVID-19 Emergency Response Act PART 3 Public Health Events of National Concern Payments Act Enactment of Act Section 9
Short Title Short title 1 This Act may be cited as the Public Health Events of National Concern Payments Act.
Public Health Event of National Concern Payments — public health event of national concern 2 (1) If, after consulting with the Chief Public Health Officer, appointed under subsection 6(1) of the Public Health Agency of Canada Act, and any of the officers in the provinces and territories occupying a similar position that the Minister of Health considers appropriate in the circumstances, the Minister of Health determines that there is a public health event of national concern, then there may be paid out of the Consolidated Revenue Fund, on the requisition of a federal minister and with the concurrence of the Minister of Finance and the Minister of Health, all money required to do anything in relation to that public health event of national concern. Examples (2) Things that may be done in relation to a public health
event of national concern include (a) acquiring medical supplies; (b) providing assistance to provinces and territories to
help cover the cost of safety and emergency response needs; (c) providing income support, including the Canada
emergency response benefit; and (d) funding public health-related federal programs or
covering expenses incurred by federal departments and agencies.
Definition of public health event of national concern (3) In this section, public health event of national concern means an extraordinary event that constitutes a public health risk to Canadians through the spread of an infectious disease, such as the coronavirus disease 2019 (COVID-19), that requires a coordinated national or international response to prevent or control its spread or to protect against it.
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Chapter 5: COVID-19 Emergency Response Act PART 3 Public Health Events of National Concern Payments Act Repeal Sections 10-14
Repeal Repeal 10 The Public Health Events of National Concern Payments Act is repealed.
Coming into Force September 30, 2020 11 Section 10 comes into force on September 30,
2020. PART 4 R.S., c. C-3
Canada Deposit Insurance Corporation Act Amendments to the Act 12 (1) Paragraph 12(c) of the Canada Deposit Insurance Corporation Act is replaced by the following: (c) so much of any one deposit as exceeds the amount
set out in subsection 12.01(1). (2) Paragraph 12(c) of the Act is replaced by the
following: (c) so much of any one deposit as exceeds one hundred thousand dollars. 13 The Act is amended by adding the following after section 12:
Amount 12.01 (1) The amount referred to in paragraph 12(c) is one hundred thousand dollars, unless the Minister determines a greater amount, in which case the amount referred to in that paragraph is the amount that the Minister determines.
Publication in Canada Gazette (2) As soon as feasible after making a determination under subsection (1), the Minister shall publish the amount in the Canada Gazette. 14 Section 12.01 of the Act is repealed.
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Chapter 5: COVID-19 Emergency Response Act PART 4 Canada Deposit Insurance Corporation Act Coming into Force Sections 15-17
Coming into Force October 1, 2020 15 Subsection 12(2) and section 14 come into
force on October 1, 2020.
PART 5 R.S., c. C-7
Canada Mortgage and Housing Corporation Act 16 Section 16 of the Canada Mortgage and Housing Corporation Act is replaced by the following:
Capital of Corporation 16 (1) The capital of the Corporation consists of the amount obtained by adding twenty-five million dollars and the aggregate of any amounts paid under subsection (2).
Authority to make capital payments (2) At the request of the Corporation, the Minister of Finance may, with the approval of the Governor in Council, pay to the Corporation, out of the Consolidated Revenue Fund, amounts not exceeding the aggregate of (a) ten billion dollars, and (b) any additional amounts that may be authorized
from time to time under an appropriation Act.
PART 6 R.S., c. E-20; 2001, c. 33, s. 2(F)
Export Development Act Amendments to the Act 17 (1) Subsection 10(1) of the Export Development Act is amended by adding the following before paragraph (b): (a) supporting and developing, directly or indirectly,
domestic business, at the request of the Minister and the Minister of Finance for a period specified by those Ministers;
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Chapter 5: COVID-19 Emergency Response Act PART 6 Export Development Act Amendments to the Act Sections 17-18
(2) Section 10 of the Act is amended by adding the
following after subsection (1): Publication in Canada Gazette (1.01) As soon as feasible after a request is made under
paragraph (1)(a), the Minister shall publish in the Canada Gazette a notice of that fact as well as the dates on which the period to which the request relates begins and ends. Complementary to commercial products and services (1.02) The Corporation shall carry out its purposes, with
regard to domestic business, in a manner that complements the products and services available from commercial financial institutions and commercial insurance providers. (3) Subsections 10(3) and (3.1) of the Act are replaced by the following:
Limit of liability (3) Subject to subsection (4), the contingent liability of the Corporation in respect of the principal amount owing under all outstanding arrangements entered into under paragraph (1.1)(b) shall at no time exceed (a) for the period beginning on the day on which this subsection comes into force and ending on September 30, 2020, the amount that the Minister of Finance determines during that period, or, if that Minister redetermines the amount during that period, the most recently determined amount; and (b) on and after October 1, 2020, an amount equal to the amount determined by the Minister of Finance under paragraph (a), or, if that Minister redetermined the amount under that paragraph, an amount equal to the last amount so determined.
Publication in Canada Gazette (3.1) As soon as feasible after determining or redetermining an amount under paragraph (3)(a), the Minister of Finance shall publish a notice of that amount in the Canada Gazette. 18 Subsection 11(1) of the Act is replaced by the
following: Authorized capital 11 (1) The authorized capital of the Corporation is (a) for the period beginning on the day on which this subsection comes into force and ending on September 30, 2020, the amount that the Minister of Finance
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Chapter 5: COVID-19 Emergency Response Act PART 6 Export Development Act Amendments to the Act Sections 18-20
determines during that period, or, if that Minister redetermines the amount during that period, the most recently determined amount; and (b) on and after October 1, 2020, an amount equal to the amount determined by the Minister of Finance under paragraph (a), or, if that Minister redetermined the amount under that paragraph, an amount equal to the last amount so determined.
Each share has a par value of $100.
Publication in Canada Gazette (1.1) As soon as feasible after determining or redetermining an amount under paragraph (1)(a), the Minister of Finance shall publish a notice of that amount in the Canada Gazette. 19 Subsection 23(1) of the Act is replaced by the
following: Authorization of the Minister 23 (1) If the Corporation advises the Minister that it will not, without an authorization made under this section, enter into any transaction or class of transactions that it has the power to enter into under subsection 10(1.1) and the Minister is of the opinion that it is in the national interest that the Corporation enter into any such transaction or class of transactions, the Minister, with the concurrence of the Minister of Finance, may authorize the Corporation to do so. 20 (1) The portion of subsection 24(1) of the Act before paragraph (a) is replaced by the following:
Limit of liability 24 (1) Subject to subsection (2), in respect of transactions entered into under section 23, the total of the following liabilities and obligations shall at no time exceed the amount referred to in paragraph (1.1)(a) or (b), as the case may be: (2) Section 24 of the Act is amended by adding the
following after subsection (1): Determination of amount (1.1) The amount which the total liabilities and obligations referred to in subsection (1) shall at no time exceed is (a) for the period beginning on the day on which this subsection comes into force and ending on September 30, 2020, the amount that the Minister of Finance
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determines during that period, or, if that Minister redetermines the amount during that period, the most recently determined amount; and (b) on and after October 1, 2020, an amount equal to the amount determined by the Minister of Finance under paragraph (a), or, if that Minister redetermined the amount under that paragraph, an amount equal to the last amount so determined.
Publication in Canada Gazette (1.2) As soon as feasible after determining or redetermining an amount under paragraph (1.1)(a), the Minister of Finance shall publish a notice of that amount in the Canada Gazette.
Suspension of Certain Provisions of the Export Development Canada Exercise of Certain Powers Regulations Suspension 21 (1) If the Minister, as defined in section 2 of
the Export Development Act, and the Minister of Finance specify a period under paragraph 10(1)(a) of that Act, subsections 5(2) and 6(2) and (3) of the Export Development Canada Exercise of Certain Powers Regulations do not apply for that period.
Transactions entered into during specified period (2) Subsections 5(2) and 6(2) and (3) of the Export
Development Canada Exercise of Certain Powers Regulations do not apply to a new transaction that Export Development Canada enters into during a period referred to in subsection (1), even after the expiry of that period. Even after the expiry of that period, Export Development Canada may take any steps and do anything that it considers necessary or desirable to implement the transaction or that it considers related to the transaction. Arrangement entered into before expiry of specified period (3) The expiry of a period referred to in subsection (1) has no effect on any arrangement Export Development Canada entered into in order to carry out its purpose referred to in paragraph 10(1)(a) of the Export Development Act. Even after the expiry of that period, Export
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Chapter 5: COVID-19 Emergency Response Act PART 6 Export Development Act Suspension of Certain Provisions of the Export Development Canada Exercise of Certain Powers Regulations Sections 21-22
Development Canada may take any steps and do anything that it considers necessary or desirable to implement the arrangement or that it considers related to the arrangement.
PART 7 R.S., c. F-8; 1995, c. 17, s. 45
Federal-Provincial Fiscal Arrangements Act 22 The Federal-Provincial Fiscal Arrangements Act is amended by adding the following after section 24.703:
Additional Payments for Fiscal Year 2019–2020 Total payment of $500 million 24.71 The Minister may pay an additional cash payment
for the fiscal year beginning on April 1, 2019 equal to (a) for Ontario, $193,721,000; (b) for Quebec, $112,871,000; (c) for Nova Scotia, $12,922,000; (d) for New Brunswick, $10,340,000; (e) for Manitoba, $18,216,000; (f) for British Columbia, $67,464,000; (g) for Prince Edward Island, $2,089,000; (h) for Saskatchewan, $15,627,000; (i) for Alberta, $58,141,000; (j) for Newfoundland and Labrador, $6,952,000; (k) for Yukon, $543,000; (l) for the Northwest Territories, $598,000; and (m) for Nunavut, $516,000.
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Chapter 5: COVID-19 Emergency Response Act PART 8 Financial Administration Act Sections 23-25
PART 8 R.S., c. F-11
Financial Administration Act Amendments to the Act 23 Section 44 of the Financial Administration
Act is amended by adding the following after subsection (2): Maximum — exception (2.1) Any money borrowed under section 47 is not to be taken into account for the purpose of calculating the aggregate principal amount of money borrowed by the Minister under this section in any fiscal year. 24 The Act is amended by adding the following after section 46.1:
Exception 47 During the period beginning on the day on which this
section comes into force and ending on September 30, 2020, the Minister may borrow money for (a) the payment of any amount that is required to be paid in that period in respect of any money borrowed under the authority of this Act or any other Act of Parliament; or (b) the payment, by Her Majesty, of any amount in extraordinary circumstances, including in the event of a natural disaster or to promote the stability or maintain the efficiency of the financial system in Canada, if the Minister is of the opinion that the borrowing of money is necessary in those circumstances.
25 (1) Subsection 49(1) of the Act is amended by striking out “and” at the end of paragraph (a.1) and by adding the following after that paragraph: (a.2) the money that is borrowed under paragraph
47(b) and that is due; and (2) The portion of subsection 49(2) of the Act before paragraph (a) is replaced by the following:
Report on Minister’s plans (2) The Minister shall cause to be tabled in each House of Parliament for every fiscal year, not later than the 30th
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Chapter 5: COVID-19 Emergency Response Act PART 8 Financial Administration Act Amendments to the Act Sections 25-27
day on which that House is sitting after the start of the fiscal year to which the report relates, a report on the Minister’s plans in relation to the following: (3) Paragraphs 49(2)(a) and (b) of the English
version of the Act are replaced by the following: (a) the money to be borrowed in that fiscal year and
the purposes for which the moneys will be borrowed; and (b) the management of the public debt in that fiscal
year. 26 Section 49.1 of the Act is renumbered as subsection 49.1(1) and is amended by adding the following: Report — borrowings in respect of extraordinary circumstances (2) The Minister shall cause to be tabled in each House of Parliament a report on the money borrowed or to be borrowed under paragraph 47(b) within the first 30 days on which that House is sitting after the day on which the Minister first borrows money under that paragraph.
27 (1) The portion of subsection 60.2(1) of the Act before the first definition is replaced by the following:
Definitions 60.2 (1) The following definitions apply in this Part.
(2) The definition entity in subsection 60.2(1) of
the Act is replaced by the following: entity means an entity, including a trust, that, in the Minister’s opinion, is operating in Canada. (entité) (3) Subsection 60.2(2) of the Act is replaced by the following:
Contracts and payments (2) Subject to subsection (3), the Minister may, taking
into account the interests of taxpayers, (a) with the Governor in Council’s authorization, enter into, on behalf of Her Majesty in right of Canada, any contract that in the Minister’s opinion is necessary to promote the stability or maintain the efficiency of the financial system in Canada, including such a contract to
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(i) purchase, acquire, hold, lend or sell or otherwise dispose of securities of an entity, (ii) create a charge on, or right or interest in, securities of an entity held by the Minister, (iii) make a loan to an entity, (iv) provide a line of credit to an entity, (v) guarantee any debt, obligation or financial asset of an entity, or (vi) provide loan insurance or credit insurance for
the benefit of an entity in respect of any debt, obligation or financial asset of the entity; and (b) make payments to a province or territory — or, after consultation with a province or territory, to an entity — for the purposes of responding to a situation of significant and systemic economic and financial distress.
Contract with Her Majesty (2.1) The Minister may enter into a contract under paragraph (2)(a) with Her Majesty in right of Canada. Without Governor in Council’s authorization (2.2) The Minister may enter into a contract under paragraph (2)(a) without the Governor in Council’s authorization until September 30, 2020. Accountability to Parliament (2.3) The Minister is to exercise his or her powers under
subsection (2) within the framework of the Minister’s accountability to Parliament. (4) The portion of subsection 60.2(3) of the Act before paragraph (a) is replaced by the following:
Non-application to certain entities (3) Subparagraph (2)(a)(i) does not apply to (5) Subsections 60.2(4) to (6) of the Act are replaced by the following: Section 90 does not apply (4) Section 90 does not apply if the Minister purchases, acquires or sells or otherwise disposes, under subparagraph (2)(a)(i), of shares within the meaning of that section.
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Chapter 5: COVID-19 Emergency Response Act PART 8 Financial Administration Act Amendments to the Act Sections 27-28
Section 61 and Surplus Crown Assets Act do not apply (5) Section 61 and the Surplus Crown Assets Act do not apply if the Minister holds, loans or sells or otherwise disposes of securities under subparagraph (2)(a)(i).
Payments out of C.R.F. (6) Any amount payable under or in connection with a contract entered into under this section or any payment made under paragraph (2)(b) may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister, at the times and in the manner that the Minister considers appropriate. 28 The Act is amended by adding the following after section 60.2:
Incorporation 60.3 (1) If, in the Minister’s opinion, it is necessary to promote the stability or maintain the efficiency of the financial system in Canada, the Minister may, with the Governor in Council’s authorization, procure the incorporation of a corporation, all of the shares of which are held by the Minister on behalf of Her Majesty in right of Canada.
Not agent of Her Majesty (2) The corporation is not an agent of Her Majesty in
right of Canada unless it is declared to be an agent of Her Majesty under an Act of Parliament. Application of Part X (3) Subject to any regulations made under subsection (4), Part X does not apply to the corporation.
Regulations (4) The Minister may make regulations respecting the governance of the corporation, including regulations that adapt any provisions of this Act or the Canada Business Corporations Act and any regulations made under those Acts for the purpose of applying those provisions as adapted to the corporation.
Directives (5) The Minister may give a directive to the corporation.
Implementation (6) The directors of the corporation shall ensure that a
directive is implemented in a prompt and efficient manner.
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Best interests (7) Compliance by the corporation with a directive is deemed to be in the best interests of the corporation.
Terms and conditions (8) The Minister may, by order, establish terms and conditions in accordance with which the corporation shall enter into financial transactions. Contract with Her Majesty (9) The corporation may enter into a contract with Her
Majesty in right of Canada. Payments out of C.R.F. (10) The Minister may make payments to the corporation out of the Consolidated Revenue Fund, at the times and in the manner that the Minister considers appropriate.
Loans to corporation (11) The Minister may, out of the Consolidated Revenue
Fund, lend money to the corporation on any terms and conditions that the Minister may fix. Powers of Minister (12) The Minister may merge, sell, wind-up or dissolve the corporation, dispose of any or all shares of the corporation or take other similar measures in respect of the corporation.
Statutory Instruments Act (13) The Statutory Instruments Act does not apply to a
directive given under subsection (5) or to an order made under subsection (8). Publication in Canada Gazette (14) The Minister shall publish a directive given under subsection (5) or an order made under subsection (8) in the Canada Gazette.
Entity other than corporation 60.4 (1) If, in the Minister’s opinion, it is necessary to promote the stability or maintain the efficiency of the financial system in Canada, the Minister may, with the Governor in Council’s authorization, establish an entity, other than a corporation, on any terms and conditions that the Minister considers appropriate.
Payments out of C.R.F. (2) The Minister may make payments to the entity out of
the Consolidated Revenue Fund, at the times and in the manner that the Minister considers appropriate.
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Chapter 5: COVID-19 Emergency Response Act PART 8 Financial Administration Act Amendments to the Act Sections 28-31
Loans to entity (3) The Minister may, out of the Consolidated Revenue Fund, lend money to the entity on any terms and conditions that the Minister may fix. 2017, c. 20, s. 103
Related Amendments to the Borrowing Authority Act 29 Section 5 of the Borrowing Authority Act is
amended by striking out “and” at the end of paragraph (a) and by replacing paragraph (b) with the following: (b) amounts borrowed by the Minister under an order
made under paragraph 46.1(a) of that Act for the payment of any amount in respect of a debt that was originally incurred under (i) an order made under paragraph 46.1(c) of that
Act, or (ii) paragraph 47(b) of that Act; (c) amounts borrowed by the Minister under paragraph 47(b) of that Act; and (d) amounts borrowed by the Minister under paragraph 47(a) of that Act for the payment of any amount in respect of a debt that was originally incurred under paragraph 47(b) of that Act. 30 Section 6 of the Act is replaced by the following:
Exception — maximum amount exceeded 6 The Minister may borrow an amount under an order
made under paragraph 46.1(a) or (b) of the Financial Administration Act or an amount under paragraph 47(a) of that Act even if that borrowing causes the maximum amount referred to in section 4 of this Act to be exceeded. 31 Subsection 8(1) of the Act is amended by striking out “and” at the end of paragraph (b) and by adding the following after that paragraph: (b.1) the total amount of money borrowed under each
of paragraphs 47(a) and (b) of that Act; and
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Chapter 5: COVID-19 Emergency Response Act PART 8 Financial Administration Act Consequential Amendment to the Canada Deposit Insurance Corporation Act Sections 32-33
R.S., c. C-3
Consequential Amendment to the Canada Deposit Insurance Corporation Act 32 The portion of subsection 10.1(3) of the
Canada Deposit Insurance Corporation Act before paragraph (a) is replaced by the following: Total indebtedness (3) The total principal indebtedness outstanding at any
time in respect of borrowings by the Corporation under subsections (1) and (2), excluding the borrowings under subparagraph 60.2(2)(a)(iii) of the Financial Administration Act, shall not exceed
PART 9 R.S., c. F-27
Food and Drugs Act Amendments to the Act 33 (1) Subsection 30(1) of the Food and Drugs
Act is amended by adding the following after paragraph (k.1): (k.2) requiring persons to provide information to the Minister in respect of food, drugs, cosmetics or devices — or in respect of activities related to food, drugs, cosmetics or devices — in circumstances other than those provided for in this Act and authorizing the Minister to determine the information to be provided and the time and manner in which it is to be provided; (2) Paragraph 30(1)(k.2) of the Act is repealed. (3) Section 30 of the Act is amended by adding the following after subsection (1.3):
Regulations — preventing or alleviating shortages (1.4) Without limiting the power conferred by any other subsection of this section, the Governor in Council may make any regulations that the Governor in Council considers necessary for the purpose of preventing shortages of therapeutic products in Canada or alleviating those
2019-2020
Chapter 5: COVID-19 Emergency Response Act PART 9 Food and Drugs Act Amendments to the Act Sections 33-36
shortages or their effects, in order to protect human health. (4) Subsection 30(1.4) of the Act is repealed.
34 (1) Subsection 37(1.2) of the Act is replaced by the following:
Exception — regulations (1.2) Despite subsection (1), any prescribed provision of
the regulations applies to any food, drug, cosmetic or device. (2) Subsection 37(1.2) of the Act is replaced by the following:
Exception — regulations (1.2) Despite subsection (1), any prescribed provision of
the regulations respecting the method of manufacture, preparation, preserving, packaging, storing and testing of any food, drug, cosmetic or device applies to any packaged food, drug, cosmetic or device.
Coming into Force October 1, 2020 35 Subsections 33(2) and (4) and 34(2) come into
force on October 1, 2020.
PART 10 R.S., c. L-2
Canada Labour Code Amendments to the Act 36 The Canada Labour Code is amended by adding the following after section 168:
Leave — entitlement without certificate 168.1 (1) Despite any provision of this Part and the regulations made under this Part, an employee may exercise their entitlement to and shall be granted a leave of absence under section 206.3, 206.4 or 239 even if a certificate is not issued by a health care practitioner. The conditions and requirements in those sections with respect to such a certificate are deemed to be of no effect.
2019-2020
Chapter 5: COVID-19 Emergency Response Act PART 10 Canada Labour Code Amendments to the Act Sections 36-37
Documentation not required (2) Despite subsection 207.3(4), an employee is not required to provide the employer with any documentation referred to in that subsection in respect of a leave of absence taken under section 206.4.
Repeal (3) This section is repealed on September 30, 2020. 37 (1) Subsection 187.1(1) of the Act is replaced by the following:
Interruption 187.1 (1) An employee may interrupt a vacation granted to them under this Division in order to permit them to take a leave of absence under Division VII or VIII or section 247.5 or to be absent due to a reason referred to in subsection 239(1), 239.01(1) or 239.1(1). (2) Subsection 187.1(1) of the Act is replaced by
the following: Interruption 187.1 (1) An employee may interrupt a vacation granted to them under this Division in order to permit them to take a leave of absence under Division VII or VIII or section 247.5 or to be absent due to a reason referred to in subsection 239(1) or (1.1) or 239.1(1). (3) Subsection 187.1(3) of the Act is replaced by
the following: Application of subsection 239(7) (3) If an employee interrupts a vacation to be absent due to a reason referred to in subsection 239(1) or (1.1) and resumes the vacation immediately at the end of that leave, subsection 239(7) applies to them as if they did not resume the vacation before returning to work.
(4) Section 187.1 of the Act is amended by adding
the following after subsection (3):
Application of subsection 239.01(7) (3.1) If an employee interrupts a vacation to be absent due to a reason referred to in subsection 239.01(1) and resumes the vacation immediately at the end of that leave, subsection 239.01(7) applies to them as if they did not resume the vacation before returning to work.
(5) Subsection 187.1(3.1) of the Act is repealed.
2019-2020
Chapter 5: COVID-19 Emergency Response Act PART 10 Canada Labour Code Amendments to the Act Sections 38-39
38 (1) Subsection 187.2(1) of the Act is replaced by the following:
Postponement 187.2 (1) Despite paragraph 185(a) or any term or condition of employment, an employee may postpone their vacation until after the day on which a leave of absence taken under Division VII or VIII or section 247.5, or an absence due to a reason referred to in subsection 239(1), 239.01(1) or 239.1(1), ends. (2) Subsection 187.2(1) of the Act is replaced by
the following: Postponement 187.2 (1) Despite paragraph 185(a) or any term or condition of employment, an employee may postpone their vacation until after the day on which a leave of absence taken under Division VII or VIII or section 247.5, or an absence due to a reason referred to in subsection 239(1) or (1.1) or 239.1(1), ends. 39 (1) Subsection 206.1(2.1) of the Act is replaced by the following:
Extension of period (2.1) The period referred to in subsection (2) is extended
by the number of weeks during which the employee is on leave under any of sections 206.3 to 206.5 and 206.9, is absent due to a reason referred to in subsection 239(1), 239.01(1) or 239.1(1) or is on leave under any of paragraphs 247.5(1)(a), (b) and (d) to (g). (2) Subsection 206.1(2.1) of the Act is replaced by
the following: Extension of period (2.1) The period referred to in subsection (2) is extended
by the number of weeks during which the employee is on leave under any of sections 206.3 to 206.5 and 206.9, is absent due to a reason referred to in subsection 239(1) or (1.1) or 239.1(1) or is on leave under any of paragraphs 247.5(1)(a), (b) and (d) to (g). (3) Subsection 206.1(2.4) of the Act is replaced by
the following: Interruption (2.4) The employee may interrupt the leave referred to
in subsection (1) in order to permit the employee to take leave under any of sections 206.3 to 206.5 and 206.9, to be absent due to a reason referred to in subsection 239(1), 239.01(1) or 239.1(1) or to take leave under any of paragraphs 247.5(1)(a), (b) and (d) to (g).
2019-2020
Chapter 5: COVID-19 Emergency Response Act PART 10 Canada Labour Code Amendments to the Act Sections 39-40
(4) Subsection 206.1(2.4) of the Act is replaced by
the following: Interruption (2.4) The employee may interrupt the leave referred to
in subsection (1) in order to permit the employee to take leave under any of sections 206.3 to 206.5 and 206.9, to be absent due to a reason referred to in subsection 239(1) or (1.1) or 239.1(1) or to take leave under any of paragraphs 247.5(1)(a), (b) and (d) to (g). (5) Subsection 206.1(4) of the Act is replaced by
the following: Exception — medical leave (4) Except to the extent that it is inconsistent with subsection 239(7), section 209.1 applies to an employee who interrupted the leave referred to in subsection (1) in order to be absent due to a reason referred to in subsection 239(1) or (1.1). (6) Section 206.1 of the Act is amended by adding the following after subsection (4):
Exception — leave related to COVID-19 (4.1) Except to the extent that it is inconsistent with subsection 239.01(7), section 209.1 applies to an employee who interrupted the leave referred to in subsection (1) in order to be absent due to a reason referred to in subsection 239.01(1). (7) Subsection 206.1(4.1) of the Act is repealed.
40 (1) Subsection 207.02(1) of the Act is replaced by the following:
Interruption 207.02 (1) An employee may interrupt a leave of absence referred to in any of sections 206.3 to 206.5 in order to be absent due to a reason referred to in subsection 239(1), 239.01(1) or 239.1(1). (2) Subsection 207.02(1) of the Act is replaced by
the following: Interruption 207.02 (1) An employee may interrupt a leave of absence referred to in any of sections 206.3 to 206.5 in order to be absent due to a reason referred to in subsection 239(1) or (1.1) or 239.1(1). (3) Subsection 207.02(3) of the Act is replaced by
the following:
2019-2020
Chapter 5: COVID-19 Emergency Response Act PART 10 Canada Labour Code Amendments to the Act Sections 40-42
Exception — medical leave (3) Except to the extent that it is inconsistent with subsection 239(7), section 209.1 applies to an employee who interrupted the leave in order to be absent due to a reason referred to in subsection 239(1) or (1.1). (4) Section 207.02 of the Act is amended by adding the following after subsection (3):
Exception — leave related to COVID-19 (3.1) Except to the extent that it is inconsistent with subsection 239.01(7), section 209.1 applies to an employee who interrupted the leave in order to be absent due to a reason referred to in subsection 239.01(1). (5) Subsection 207.02(3.1) of the Act is repealed.
41 Section 239 of the Act is amended by adding the following after subsection (1):
Entitlement to leave — quarantine (1.1) Every employee is entitled to and shall be granted a
medical leave of absence from employment of up to 16 weeks as a result of quarantine. 42 (1) The Act is amended by adding the following after section 239:
DIVISION XIII.01
Leave Related to COVID-19 Entitlement to leave 239.01 (1) Subject to subsection (2), every employee is
entitled to and shall be granted a leave of absence from employment of up to 16 weeks — or, if another number of weeks is fixed by regulation, that number of weeks — if the employee is unable or unavailable to work for reasons related to the coronavirus disease 2019 (COVID-19). Notice to employer (2) An employee who intends to take a leave of absence under this Division must, as soon as possible, give written notice to the employer of the reasons for the leave and the length of the leave that they intend to take.
Change in length of leave (3) An employee must, as soon as possible, give written
notice to the employer of any change in the length of the leave of absence taken under this Division.
2019-2020
Chapter 5: COVID-19 Emergency Response Act PART 10 Canada Labour Code Amendments to the Act Section 42
Written declaration (4) The employer may require an employee to provide a
written declaration in support of the reasons for the leave of absence taken under this Division and of any change in the length of that leave. Employment opportunities (5) An employee is entitled, on written request, to be informed in writing of every employment, promotion or training opportunity that arises during the period when the employee is on a leave of absence under this Division and for which the employee is qualified, and on receiving that request, the employer must provide the information to the employee. Prohibition (6) Subject to subsection (7), an employer is prohibited from dismissing, suspending, laying off, demoting or disciplining an employee because the employee intends to take or has taken a leave of absence under this Division or taking such an intention or absence into account in any decision to promote or train the employee.
Exception (7) An employer may assign to a different position, with different terms and conditions of employment, any employee who, after a leave of absence under this Division, is unable to perform the work performed by the employee prior to the absence.
Benefits continue (8) The pension, health and disability benefits and the
seniority of an employee who is absent from work due to a leave of absence under this Division accumulate during the entire period of the leave.
Contributions by employee (9) If contributions are required from an employee in order for the employee to be entitled to a benefit referred to in subsection (8), the employee is responsible for and must, within a reasonable time, pay those contributions for the period of any leave of absence under this Division unless, at the commencement of the absence or within a reasonable time after, the employee notifies the employer of the employee’s intention to discontinue contributions during that period.
2019-2020
Chapter 5: COVID-19 Emergency Response Act PART 10 Canada Labour Code Amendments to the Act Sections 42-43
Contributions by employer (10) An employer who pays contributions in respect of a
benefit referred to in subsection (8) must continue to pay those contributions during an employee’s leave of absence under this Division in at least the same proportion as if the employee were not absent, unless the employee does not pay the employee’s contributions, if any, within a reasonable time. Failure to pay contributions (11) For the purposes of calculating the pension, health and disability benefits of an employee in respect of whom contributions have not been paid as required by subsections (9) and (10), the benefits do not accumulate during the leave of absence under this Division and employment on the employee’s return to work is deemed to be continuous with employment before the employee’s absence.
Deemed continuous employment (12) For the purposes of calculating benefits, other than
benefits referred to in subsection (8), of an employee who is absent from work due to a leave of absence under this Division, employment on the employee’s return to work is to be deemed to be continuous with employment before the employee’s absence. Regulations (13) The Governor in Council may, by regulation, (a) define terms for the purposes of this Division; and (b) fix a number of weeks for the purpose of subsection (1).
(2) Division XIII.01 of the Act is repealed. 43 (1) Paragraph 246.1(1)(a) of the Act is replaced by the following: (a) the employer has taken action against the employee in contravention of subsection 173.01(5), 174.1(4) or 177.1(7) or of section 208, 209.3, 238, 239, 239.01, 239.1 or 247.96; (2) Paragraph 246.1(1)(a) of the Act is replaced by
the following: (a) the employer has taken action against the employee in contravention of subsection 173.01(5), 174.1(4) or 177.1(7) or of section 208, 209.3, 238, 239, 239.1 or 247.96;
2019-2020
Chapter 5: COVID-19 Emergency Response Act PART 10 Canada Labour Code Consequential Amendment to the Budget Implementation Act, 2018, No. 2 Sections 44-46
2018, c. 27
Consequential Amendment to the Budget Implementation Act, 2018, No. 2 44 Section 493 of the Budget Implementation
Act, 2018, No. 2 is amended by replacing the paragraph 246.1(1)(a) that it enacts with the following: (a) the employer has taken action against the employee in contravention of subsection 173.01(5), 174.1(4), 177.1(7), 182.2(3) or 203.3(3) or of section 208, 209.3, 238, 239, 239.01, 239.1 or 247.96;
Coordinating Amendments 2018, c. 27
45 (1) In this section, other Act means the Budget
Implementation Act, 2018, No. 2. (2) If section 493 of the other Act comes into force
before subsection 43(2) of this Act, then, on the day on which that subsection 43(2) comes into force, paragraph 246.1(1)(a) of the Canada Labour Code is replaced by the following: (a) the employer has taken action against the employee in contravention of subsection 173.01(5), 174.1(4), 177.1(7), 182.2(3) or 203.3(3) or of section 208, 209.3, 238, 239, 239.1 or 247.96; (3) If subsection 43(2) of this Act comes into force
before section 493 of the other Act, then, on the day on which that section 493 comes into force, paragraph 246.1(1)(a) of the Canada Labour Code is replaced by the following: (a) the employer has taken action against the employee in contravention of subsection 173.01(5), 174.1(4), 177.1(7), 182.2(3) or 203.3(3) or of section 208, 209.3, 238, 239, 239.1 or 247.96; (4) If subsection 43(2) of this Act and section 493 of the other Act come into force on the same day, then that subsection 43(2) is deemed to come into force before that section 493 and subsection (3) applies as a consequence.
Coming into Force October 1, 2020 46 Subsections 37(2), (3) and (5), 38(2), 39(2), (4),
(5) and (7) and 40(2), (3) and (5), section 41 and
2019-2020
Chapter 5: COVID-19 Emergency Response Act PART 10 Canada Labour Code Coming into Force Sections 46-51
subsections 42(2) and 43(2) come into force on October 1, 2020.
PART 11 R.S., c. N-11
National Housing Act Amendments to the Act 47 (1) Paragraph 11(a) of the National Housing
Act is replaced by the following: (a) three hundred billion dollars, and (2) Paragraph 11(a) of the Act is replaced by the following: (a) one hundred and fifty billion dollars, and 48 The Act is amended by adding the following after section 11:
Maximum total as of day section comes into force 11.1 For greater certainty, the amount that the total of the outstanding insured amounts of all insured loans may not exceed is, as of the day on which this section comes into force, seven hundred and fifty billion dollars. 49 Section 11.1 of the Act is repealed.
Coming into Force Fifth anniversary 50 Subsection 47(2) and section 49 come into
force on the fifth anniversary of the day on which subsection 47(1) comes into force.
PART 12 R.S., c. P-4
Patent Act 51 The Patent Act is amended by adding the following after section 19.3: Application by Minister 19.4 (1) The Commissioner shall, on the application of
the Minister of Health, authorize the Government of Canada and any person specified in the application to make, construct, use and sell a patented invention to the
2019-2020
Chapter 5: COVID-19 Emergency Response Act PART 12 Patent Act Section 51
extent necessary to respond to the public health emergency described in the application. Contents of application (2) The application must (a) set out the name of the patentee and the number,
as recorded in the Patent Office, of the patent issued in respect of the patented invention; (b) include a confirmation that the Chief Public
Health Officer, appointed under subsection 6(1) of the Public Health Agency of Canada Act, believes that there is a public health emergency that is a matter of national concern; (c) include a description of the public health emergency; and (d) specify a person, if any, that is to be authorized to make, construct, use and sell the patented invention for the purposes of responding to the public health emergency.
Cessation of effect (3) The authorization ceases to have effect the earlier of (a) the day on which the Minister of Health notifies
the Commissioner that the authorization is no longer necessary to respond to the public health emergency set out in the application, and (b) one year after the day on which it is granted.
Notice (4) The Commissioner shall notify the patentee of any
authorization that is granted under this section and provide them with the information referred to in subsection (2). Payment of remuneration (5) The Government of Canada and any person authorized under subsection (1) shall pay the patentee any amount that the Commissioner considers to be adequate remuneration in the circumstances, taking into account the economic value of the authorization and the extent to which they make, construct, use and sell the patented invention.
Authorization not transferable (6) An authorization granted under this section is not transferable.
2019-2020
Chapter 5: COVID-19 Emergency Response Act PART 12 Patent Act Sections 51-52
For greater certainty (7) For greater certainty, the use or sale, in relation to a
public health emergency, of a patented invention that is made or constructed in accordance with an authorization granted under this section is not an infringement of the patent. Power of Federal Court (8) On the application of the patentee, the Federal Court
may make an order requiring the Government of Canada or any person authorized under subsection (1) to cease making, constructing, using or selling the patented invention in a manner that is inconsistent with the authorization granted under this section.
Restriction (9) The Commissioner shall not make an authorization
under subsection (1) after September 30, 2020.
PART 13 R.S., c. S-23
Canada Student Loans Act 52 The Canada Student Loans Act is amended by
adding the following after section 11.1:
Period — March 30, 2020 to September 30, 2020 Suspension of interest and payments 11.2 During the period that begins on March 30, 2020
and ends on September 30, 2020, (a) no interest is payable by a borrower on a guaranteed student loan; and (b) no amount on account of principal and interest in respect of a guaranteed student loan is required to be paid by the borrower.
2019-2020
Chapter 5: COVID-19 Emergency Response Act PART 14 Farm Credit Canada Act Section 53
PART 14 1993, c. 14; 2001, c. 22, s. 2
Farm Credit Canada Act 53 (1) Subsection 11(1) of the Farm Canada Act is replaced by the following:
Credit
Capital payments 11 (1) At the request of the Corporation, the Minister of
Finance may pay to the Corporation out of the Consolidated Revenue Fund (a) for the period beginning on the day on which this subsection comes into force and ending on September 30, 2020, amounts not exceeding in the aggregate the amount that the Minister of Finance determines during that period, or, if that Minister redetermines the amount during that period, the most recently determined amount; and (b) on and after October 1, 2020, amounts not exceeding in the aggregate an amount equal to the amount determined by the Minister of Finance under paragraph (a), or, if that Minister redetermined the amount under that paragraph, the last amount so determined.
Publication in Canada Gazette (1.1) As soon as feasible after determining or redetermining an amount under paragraph (1)(a), the Minister of Finance shall publish a notice of that amount in the Canada Gazette. (2) Subsection 11(2) of the French version of the
Act is replaced by the following: Capital (2) Le total des versements visés au paragraphe (1)
constitue, avec le montant des bénéfices non répartis de la Société — lequel peut être négatif —, le capital de celleci. (3) Subsection 11(3) of the Act is repealed.
2019-2020
Chapter 5: COVID-19 Emergency Response Act PART 15 Canada Student Financial Assistance Act Sections 54-55
PART 15 1994, c. 28
Canada Student Financial Assistance Act 54 The Canada Student Financial Assistance Act is amended by adding the following after section 9.2:
Period — March 30, 2020 to September 30, 2020 Suspension of interest and payments 9.3 During the period that begins on March 30, 2020 and ends on September 30, 2020, (a) no interest is payable by a borrower on a student
loan prescribed by regulations made under paragraph 15(1)(j); and (b) no amount on account of principal and interest in respect of a student loan prescribed by regulations made under paragraph 15(1)(j) is required to be paid by the borrower.
PART 16 1995, c. 28
Business Development Bank of Canada Act 55 Subsection 23(1) of the Business Development Bank of Canada Act is replaced by the following:
Authorized capital 23 (1) The authorized capital of the Bank consists of an unlimited number of common shares with a par value of $100 each and an unlimited number of preferred shares without par value, but the paid-in capital of the Bank, together with any contributed surplus relating to it and any proceeds referred to in paragraph 30(2)(d) that have been prescribed as equity, must not at any time exceed (a) for the period beginning on the day on which this subsection comes into force and ending on September 30, 2020, the amount that the Minister of Finance determines during that period, or, if that Minister
2019-2020
Chapter 5: COVID-19 Emergency Response Act PART 16 Business Development Bank of Canada Act Sections 55-57
redetermines the amount during that period, the most recently determined amount; and (b) on and after October 1, 2020, an amount equal to
the amount determined by the Minister of Finance under paragraph (a), or, if that Minister redetermined the amount under that paragraph, an amount equal to the last amount so determined. Publication in Canada Gazette (1.1) As soon as feasible after determining or redetermining an amount under paragraph (1)(a), the Minister of Finance shall publish a notice of that amount in the Canada Gazette.
PART 17 2014, c. 20, s. 483
Apprentice Loans Act 56 The Apprentice Loans Act is amended by adding the following after section 8:
Period — March 30, 2020 to September 30, 2020 Suspension of interest and payments 8.1 During the period that begins on March 30, 2020 and ends on September 30, 2020, (a) no interest is payable by a borrower on an apprentice loan; and (b) no amount on account of principal and interest in respect of an apprentice loan is required to be paid by a borrower.
PART 18
Employment Insurance DIVISION 1 1996, c. 23
Employment Insurance Act 57 The Employment Insurance Act is amended by adding the following after section 153.2:
2019-2020
Chapter 5: COVID-19 Emergency Response Act PART 18 Employment Insurance DIVISION 1 Employment Insurance Act Section 57
PART VIII.3
Interim Orders COVID-19 153.3 (1) The Minister may, for the purpose of mitigating the economic effects of the coronavirus disease 2019 (COVID-19), make interim orders that (a) add provisions, including provisions that provide for new benefits, to this Act or any regulation made under this Act; (b) adapt provisions of this Act or any regulation
made under this Act; or (c) provide that any provisions of this Act or a regulation made under this Act do not apply in whole or in part.
Restriction (2) An interim order is not to be made under subsection
(1) in respect of Part IV or VII or in respect of a regulation made under this Act for the purposes of those Parts. Condition precedent — Minister of Finance (3) An interim order is not to be made under subsection (1) without the consent of the Minister of Finance.
Condition precedent — President of the Treasury Board (4) An interim order is not to be made under subsection
(1) in respect of Part III or in respect of a regulation made under this Act for the purposes of that Part without the additional consent of the President of the Treasury Board. Consultation with Commission (5) For greater certainty, the Minister may consult the Commission before making an interim order under subsection (1).
Retroactive effect (6) An interim order made under subsection (1) may, if it so provides, have retroactive effect.
Cessation of effect (7) An interim order made under subsection (1) must
contain provisions that cause any provision added under paragraph (1)(a), any adaptation made under paragraph (1)(b) and any non-application provision made under paragraph (1)(c) to cease to apply on the earliest of (a) the day, if any, specified in the interim order,
2019-2020
Chapter 5: COVID-19 Emergency Response Act PART 18 Employment Insurance DIVISION 1 Employment Insurance Act Sections 57-58
(b) the day on which the interim order is repealed,
and (c) the Saturday after the first anniversary of the day
on which the interim order takes effect. Conflict (8) If an interim order made under subsection (1) or a
provision added under paragraph (1)(a) provides that it applies despite any provision of this Act or any regulation made under this Act, the interim order or added provision prevails to the extent that it conflicts with this Act or any regulation made under this Act.
Restriction (9) The power to make an interim order under subsection (1) is not to be exercised after September 30, 2020. Accessory orders 153.4 The Minister may make orders for the purpose of ensuring that interim orders made under subsection 153.3(1) only have temporary effect, including orders that repeal any provision added under paragraph 153.3(1)(a).
DIVISION 2
Medical Certificates Medical certificates 58 (1) Despite any provision of the Employment Insurance Act and of any regulations made under it, (a) every reference in any provision of that Act
or those regulations to a certificate issued by a medical doctor or other medical professional or medical practitioner or by a nurse practitioner is deemed to be of no effect; and (b) any benefit that would have been payable to
a claimant had such a certificate been issued is payable to them if the Commission is satisfied that they are entitled to the benefit. Application of provisions (2) The Commission is authorized to apply the
provisions of the Employment Insurance Act and of the regulations in the manner that it considers most appropriate for the purpose of applying subsection (1).
2019-2020
Chapter 5: COVID-19 Emergency Response Act PART 18 Employment Insurance DIVISION 2 Medical Certificates Sections 58-61
Duration (3) Subsections (1) and (2) apply until September
30, 2020. Words and expressions (4) Words and expressions used in this section and section 60 have the same meaning as in the Employment Insurance Act.
Repeal 59 Section 58 is repealed.
Transitional provision 60 Section 58, as it read immediately before the day fixed under section 61, continues to apply in respect of any claimant whose benefit period begins before that day.
October 1, 2020 61 Section 59 comes into force on October 1, 2020.
Published under authority of the Speaker of the House of Commons 2019-2020
Disponible sur le site Web de la Chambre des comm
|
First Session, Forty-third Parliament, 68-69 Elizabeth II, 2019-2020
STATUTES OF CANADA 2020
CHAPTER 7
An Act respecting Canada emergency student benefits (coronavirus disease 2019)
ASSENTED TO MAY 1, 2020 BILL C-15
RECOMMENDATION Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act respecting Canada emergency student benefits (coronavirus disease 2019)”.
SUMMARY This enactment authorizes the payment of Canada emergency student benefits to students who lost work and income opportunities for reasons related to the coronavirus disease 2019.
i
68-69 ELIZABETH II
CHAPTER 7
An Act respecting Canada emergency student benefits (coronavirus disease 2019) [Assented to 1st May, 2020] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Short title 1 This Act may be cited as the Canada Emergency Student Benefit Act.
Definitions 2 The following definitions apply in this Act.
Minister means the Minister of Employment and Social Development. (ministre) student means a person who is a Canadian citizen, a person registered as an Indian under the Indian Act, a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act or a protected person within the meaning of subsection 95(2) of that Act and who (a) is enrolled, at any time between December 1, 2019 and August 31, 2020, in a post-secondary educational program that leads to a degree, diploma or certificate; (b) has graduated from secondary school in 2020, has applied for enrollment in such a post-secondary educational program that is scheduled to begin before February 1, 2021 and plans to enroll in the program if their application is accepted; or (c) is a member of a class of persons that is prescribed by regulation. (étudiant)
week means the period of seven consecutive days beginning on and including Sunday. (semaine)
2019-2020
Chapter 7: Canada Emergency Student Benefit Act Sections 3-6
Regulations — definition of student 3 With the consent of the Minister of Finance, the Minister may make regulations (a) respecting the meaning of the term “post-secondary educational program” for the purposes of the definition student in section 2; and (b) prescribing classes of persons for the purposes of
paragraph (c) of that definition. Payment of benefit 4 The Minister must pay a Canada emergency student
benefit to a student who makes an application under section 5 and who is eligible for the benefit. Application 5 (1) A student may, in the form and manner established by the Minister, apply for a Canada emergency student benefit for any four-week period falling within the period prescribed by regulation.
Attestation (2) A student who applies on the basis that they are seeking work, whether as an employee or in self-employment, but are unable to find it must, in their application, attest to the fact that they are seeking work.
Limitation (3) No student is permitted to file an application after September 30, 2020, and the Minister must not pay a Canada student emergency benefit to a student who files an application after that day.
Information (4) An applicant must provide the Minister with any information that the Minister may require in respect of the application.
Regulations (5) With the consent of the Minister of Finance, the Minister may, by regulation, prescribe periods for the purposes of subsection (1). Eligibility 6 (1) A student is eligible for a Canada emergency student benefit if (a) for reasons related to the coronavirus disease 2019
and whether as an employee or in self-employment, they are unable to work, are seeking work and unable
2019-2020
Chapter 7: Canada Emergency Student Benefit Act Sections 6-7
to find it, or are working but are paid less than the amount determined under the regulations, during the four-week period for which they apply for the benefit; and (b) they do not, in respect of any part of that fourweek period, receive (i) subject to the regulations, income from employment or self-employment, (ii) benefits, as defined in subsection 2(1) of the
Employment Insurance Act, or an employment insurance emergency response benefit referred to in section 153.7 of that Act, (iii) allowances, money or other benefits that would
be paid to the student under a provincial plan because of pregnancy or in respect of the care by the student of one or more of their new-born children or one or more children placed with them for the purpose of adoption, (iv) an income support payment under the Canada Emergency Response Benefit Act, or (v) any other income that is prescribed by regulation.
Regulations (2) With the consent of the Minister of Finance, the Minister may make regulations (a) respecting the meaning of terms referred to in
paragraph (1)(a) and the amount referred to in that paragraph; (b) excluding income from the application of subparagraph (1)(b)(i); and (c) prescribing any other income for the purposes of
subparagraph (1)(b)(v). Information — employment opportunities (3) The Minister is to make available to eligible students
information about employment opportunities through a government-managed job posting system.
Amount of benefit 7 (1) The amount of a Canada emergency student benefit for a week is the amount determined for that week under the regulations.
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Regulations (2) With the consent of the Minister of Finance, the Minister may make regulations respecting the amount of a Canada emergency student benefit for a week specified in the regulations. Distinguishing — classes (3) Regulations made under subsection (2) may distinguish among different classes of students.
Maximum number of weeks 8 (1) The maximum number of weeks for which a student may receive Canada emergency student benefits is the number of weeks that is determined under the regulations.
Regulations (2) With the consent of the Minister of Finance, the Minister may make regulations respecting the number of weeks for the purpose of subsection (1). Retroactive effect 9 Regulations made under this Act may, if they so provide, have retroactive effect.
Social Insurance Number 10 The Minister is authorized to collect and use, for the
purposes of the administration and enforcement of this Act, the Social Insurance Number of a person who makes an application under this Act. Provision of information and documents 11 The Minister may, for any purpose related to verifying compliance or preventing non-compliance with this Act, by notice served personally or by confirmed delivery service, require that any person provide any information or document within the reasonable time that is stated in the notice.
Benefits cannot be charged, etc. 12 A Canada emergency student benefit (a) is not subject to the operation of any law relating to bankruptcy or insolvency; (b) cannot be assigned, charged, attached or given as security; (c) cannot be retained by way of deduction, set-off or
compensation under any Act of Parliament other than this Act; and
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(d) is not garnishable moneys for the purposes of the
Family Orders and Agreements Enforcement Assistance Act. Return of erroneous payment or overpayment 13 (1) If the Minister determines that a person has been
paid a Canada emergency student benefit to which the person is not entitled, or an amount in excess of the amount of such a benefit to which the person is entitled, the person must repay the amount of the benefit or the excess amount, as the case may be, as soon as is feasible. Recovery as debt due to Her Majesty (2) The amount of the erroneous payment or overpayment, as determined by the Minister, constitutes a debt due to Her Majesty in right of Canada, as of the day on which it was paid, that may be recovered by the Minister.
Certificate of default (3) The amount of any debt referred to in subsection (2)
may be certified by the Minister, and registration of the certificate in the Federal Court has the same effect as a judgment of that Court for the amount specified in the certificate and all related registration costs. Limitation or prescription period 14 (1) Subject to subsections (2) to (7), no action or proceedings are to be taken to recover money owing under this Act after the expiry of the six-year limitation or prescription period that begins on the day on which the money becomes due and payable.
Deduction, set-off or compensation (2) Money owing by a person under this Act may be recovered at any time by way of deduction from, set-off against or compensation against any sum of money, including a Canada emergency student benefit under this Act, that may be due or payable by Her Majesty in right of Canada to the person, other than an amount payable under section 122.61 of the Income Tax Act.
Acknowledgment of liability (3) If a person’s liability for money owing under this Act
is acknowledged in accordance with subsection (5), the time during which the limitation or prescription period has run before the acknowledgment does not count in the calculation of that period.
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Chapter 7: Canada Emergency Student Benefit Act Sections 14-16
Acknowledgment after expiry of limitation or prescription period (4) If a person’s liability for money owing under this Act
is acknowledged in accordance with subsection (5) after the expiry of the limitation or prescription period, an action or proceedings to recover the money may, subject to subsections (3) and (6), be brought within six years after the date of the acknowledgment.
Types of acknowledgment (5) An acknowledgment of liability means (a) a promise to pay the money owing, made by the person or their agent, mandatary or other representative; (b) an acknowledgment of the money owing, made by the person or their agent, mandatary or other representative, whether or not a promise to pay can be implied from it and whether or not it contains a refusal to pay; (c) a part payment by the person or their agent, mandatary or other representative of any money owing; or (d) an acknowledgment of the money owing, made in
the course of proceedings under the Bankruptcy and Insolvency Act or any other legislation dealing with the payment of debts by the person, their agent, mandatary or other representative or the trustee or administrator. Limitation or prescription period suspended (6) The running of a limitation or prescription period in
respect of money owing under this Act is suspended during any period in which it is prohibited to commence or continue an action or other proceedings against the person to recover money owing under this Act. Enforcement proceedings (7) This section does not apply in respect of an action or proceedings relating to the execution, renewal or enforcement of a judgment.
No interest payable 15 No interest is payable on any amount owing to Her
Majesty in right of Canada under this Act as a result of an erroneous payment or overpayment. Parliamentary review 16 No later than September 30, 2021, a comprehensive
review of the provisions and operation of this Act is to be undertaken and completed by a committee of the Senate,
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Chapter 7: Canada Emergency Student Benefit Act Section 16
of the House of Commons or of both Houses of Parliament that may be designated or established by the Senate or the House of Commons, or by both Houses of Parliament, as the case may be, for that purpose.
Published under authority of the Speaker of the House of Commons 2019-2020
Disponible sur le site Web de la Chambre des comm
|
First Session, Forty-third Parliament, 68-69 Elizabeth II, 2019-2020
STATUTES OF CANADA 2020
CHAPTER 6
A second Act respecting certain measures in response to COVID-19
ASSENTED TO APRIL 11, 2020 BILL C-14
RECOMMENDATION Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “A second Act respecting certain measures in response to COVID-19”.
SUMMARY Part 1 amends the Income Tax Act to introduce an emergency wage subsidy as part of the response to the coronavirus disease 2019 (COVID-19). Part 2 amends Part IV.1 of the Financial Administration Act to provide that certain provisions of that Act, as enacted by the COVID-19 Emergency Response Act, cease to have effect on the day after September 30, 2020.
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TABLE OF PROVISIONS A second Act respecting certain measures in response to COVID-19
Short Title 1
COVID-19 Emergency Response Act, No. 2
PART 1
Income Tax Act 2
PART 2
Financial Administration Act 8
2019-2020
ii
68-69 ELIZABETH II
CHAPTER 6
A second Act respecting certain measures in response to COVID-19 [Assented to 11th April, 2020] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Short Title Short title 1 This Act may be cited as the COVID-19 Emergency Response Act, No. 2.
PART 1 R.S., c. 1 (5th Supp.)
Income Tax Act Amendments to the Act 2 The Income Tax Act is amended by adding the following after section 125.6:
Definitions 125.7 (1) The following definitions apply in this section
and in subsection 163(2.901). baseline remuneration, in respect of an eligible employee of an eligible entity, means the average weekly eligible remuneration paid to the eligible employee by the eligible entity during the period that begins on January 1, 2020 and ends on March 15, 2020, excluding any period of seven or more consecutive days for which the employee was not remunerated. (rémunération de base) current reference period, for a qualifying period, means (a) for the qualifying period referred to in paragraph (a) of the definition qualifying period, March 2020;
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Chapter 6: COVID-19 Emergency Response Act, No. 2 PART 1 Income Tax Act Amendments to the Act Section 2
(b) for the qualifying period referred to in paragraph
(b) of the definition qualifying period, April 2020; (c) for the qualifying period referred to in paragraph
(c) of the definition qualifying period, May 2020; and (d) for the qualifying period referred to in paragraph
(d) of the definition qualifying period, a prescribed period. (période de référence actuelle) eligible employee, of an eligible entity in respect of a week in a qualifying period, means an individual employed in Canada by the eligible entity in the qualifying period, other than an individual who is without remuneration by the eligible entity in respect of 14 or more consecutive days in the qualifying period. (employé admissible) eligible entity means (a) a corporation, other than a corporation that is exempt from tax under this Part or is a public institution; (b) an individual; (c) a registered charity, other than a public institution; (d) a person that is exempt from tax under this Part
because of paragraph 149(1)(e), (j), (k) or (l), other than a public institution; (e) a partnership, all of the members of which are described in this paragraph or any of paragraphs (a) to (d); or (f) a prescribed organization. (entité déterminée)
eligible remuneration, of an eligible employee of an eligible entity, means amounts described in paragraph 153(1)(a) or (g), other than (a) for greater certainty, a retiring allowance; (b) amounts deemed to have been received by the eligible employee as a benefit under or because of any of paragraphs 7(1)(a) to (d.1); (c) any amount received that can reasonably be expected to be paid or returned, directly or indirectly, in any manner whatever, to (i) the eligible entity, (ii) a person or partnership not dealing at arm’s length with the eligible entity, or
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Chapter 6: COVID-19 Emergency Response Act, No. 2 PART 1 Income Tax Act Amendments to the Act Section 2
(iii) another person or partnership at the direction of the eligible entity; and (d) any amount that is paid in respect of a week in the
qualifying period, if, as part of an arrangement involving the eligible employee and the eligible entity, (i) the amount is in excess of the eligible employee’s baseline remuneration, (ii) after the qualifying period, the eligible employee is reasonably expected to be paid a lower weekly amount than their baseline remuneration, and (iii) one of the main purposes for the arrangement is to increase the amount of the deemed overpayment under subsection (2). (rémunération admissible)
prior reference period, for a qualifying period of an eligible entity, means (a) subject to paragraph (b), (i) for the qualifying period referred to in paragraph (a) of the definition qualifying period, March 2019, (ii) for the qualifying period referred to in paragraph (b) of the definition qualifying period, April 2019, and (iii) for the qualifying period referred to in paragraph (c) of the definition qualifying period, May 2019; (b) January and February 2020, if (i) on March 1, 2019, the eligible entity was not carrying on business or otherwise carrying on its ordinary activities, or (ii) the qualifying period is referred to in any of
paragraphs (a) to (c) of the definition qualifying period and the eligible entity elects for all of those paragraphs; and (c) for the qualifying period referred to in paragraph
(d) of the definition qualifying period, a prescribed period. (période de référence antérieure) public institution means (a) an organization described in any of paragraphs
149(1)(a) to (d.6); or
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Chapter 6: COVID-19 Emergency Response Act, No. 2 PART 1 Income Tax Act Amendments to the Act Section 2
(b) a school, school board, hospital, health authority,
public university or college. (institution publique) qualifying entity, for a qualifying period, means an eligible entity that meets the following conditions: (a) it files an application with the Minister in respect
of the qualifying period in prescribed form and manner, before October 2020; (b) the individual who has principal responsibility for
the financial activities of the eligible entity attests that the application is complete and accurate in all material respects; (c) its qualifying revenues for the current reference
period are equal to or less than the specified percentage, for the qualifying period, of (i) if paragraph (a) or (c) of the definition prior reference period applies, its qualifying revenues for the prior reference period, and (ii) if paragraph (b) of the definition prior reference period applies, the amount determined by the formula 0.5A(B/C)
where A
is its qualifying revenues for the prior reference period,
B
is the number of days in the prior reference period, and
C
is the number of days in the prior reference period during which the eligible entity was carrying on business; and
(d) it had, on March 15, 2020, a business number in
respect of which it is registered with the Minister to make remittances required under section 153. (entité admissible) qualifying period means (a) the period that begins on March 15, 2020 and ends
on April 11, 2020; (b) the period that begins on April 12, 2020 and ends
on May 9, 2020; (c) the period that begins on May 10, 2020 and ends
on June 6, 2020; or (d) a prescribed period that ends no later than
September 30, 2020. (période d’admissibilité)
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Chapter 6: COVID-19 Emergency Response Act, No. 2 PART 1 Income Tax Act Amendments to the Act Section 2
qualifying revenue, of an eligible entity for a prior reference period or a current reference period, means the inflow of cash, receivables or other consideration arising in the course of the ordinary activities of the eligible entity — generally from the sale of goods, the rendering of services and the use by others of resources of the eligible entity — in Canada in the particular period, subject to the following: (a) in the case of an eligible entity described in paragraph (c) of the definition eligible entity, (i) it includes revenue from a related business (as defined in subsection 149.1(1)), gifts and other amounts received in the course of its ordinary activities, and (ii) notwithstanding subparagraph (i), the eligible
entity may elect to exclude funding received from government sources in the determination of its qualifying revenue for all of its prior reference periods and current reference periods; (b) in the case of an eligible entity described in paragraph (d) of the definition eligible entity, (i) it includes membership fees and other amounts received in the course of its ordinary activities, and (ii) notwithstanding subparagraph (i), the eligible
entity may elect to exclude funding received from government sources in the determination of its qualifying revenue for all of its prior reference periods and current reference periods; (c) it excludes, for greater certainty, extraordinary
items; (d) it excludes amounts derived from persons or partnerships not dealing at arm’s length with the eligible entity; and (e) it excludes, for greater certainty, deemed overpayments under subsection (2) and deemed remittances under subsection 153(1.02). (revenu admissible) specified percentage, for a qualifying period, means (a) for the qualifying period referred to in paragraph
(a) of the definition qualifying period, 85%; (b) for the qualifying period referred to in paragraph
(b) or (c) of the definition qualifying period, 70%; and (c) for the qualifying period referred to in paragraph
(d) of the definition qualifying period, the prescribed percentage. (pourcentage déterminé)
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Chapter 6: COVID-19 Emergency Response Act, No. 2 PART 1 Income Tax Act Amendments to the Act Section 2
COVID-19 — wage subsidy (2) For a qualifying entity for a qualifying period, an
overpayment on account of the qualifying entity’s liability under this Part for the taxation year in which the qualifying period ends is deemed to have arisen during the qualifying period in an amount determined by the formula A−B−C+D
where A
is the total of all amounts, each of which is for an eligible employee in respect of a week in the qualifying period, equal to the greater of (a) the least of (i) 75% of eligible remuneration paid to the eligible employee in respect of that week, (ii) $847, and (iii) if the eligible employee does not deal at arm’s length with the qualifying entity in the qualifying period, nil, and (b) the least of (i) the amount of eligible remuneration paid to the eligible employee in respect of that week, (ii) 75% of baseline remuneration in respect of
the eligible employee determined for that week, and (iii) $847;
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Chapter 6: COVID-19 Emergency Response Act, No. 2 PART 1 Income Tax Act Amendments to the Act Section 2
B
is the total of all amounts each of which is an amount deemed to have been remitted under subsection 153(1.02) by the qualifying entity in the qualifying period;
C
is the total of all amounts received by the eligible employee for each week in the qualifying period as a work-sharing benefit under the Employment Insurance Act; and
D
is the total of all amounts, each of which is for an eligible employee in respect of a week in the qualifying period, if the eligible employee is on leave with pay for that week and the amount is (a) an amount payable by the qualifying entity (i) as an employer’s premium under the Employment Insurance Act, or (ii) as an employer’s contribution under the Canada Pension Plan or under a provincial pension plan as defined in section 3 of the Canada Pension Plan, or (b) an amount payable by the qualifying entity as
an employer’s premium under the Act respecting parental insurance, CQLR, c. A-29.011.
When assistance received (3) For the purposes of this Act other than this section, and for greater certainty, the amount that a qualifying entity is deemed under subsection (2) to have overpaid is assistance received by it from a government immediately before the end of the qualifying period to which it relates.
Computation of revenue (4) For the purposes of the definition qualifying revenue in subsection (1), the qualifying revenue of an eligible entity is to be determined in accordance with its normal accounting practices, except that (a) if a group of eligible entities normally prepares
consolidated financial statements, each member of the group may determine its qualifying revenue separately, provided every member of the group determines its qualifying revenue on that basis; (b) if an eligible entity and each member of an affiliated group of eligible entities of which the eligible entity is a member jointly elect, the qualifying revenue of the group determined on a consolidated basis in accordance with relevant accounting principles is to be used for each member of the group;
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Chapter 6: COVID-19 Emergency Response Act, No. 2 PART 1 Income Tax Act Amendments to the Act Section 2
(c) if all of the interests in an eligible entity are owned
by participants in a joint venture and all or substantially all of the qualifying revenue of the eligible entity for a qualifying period is in respect of the joint venture, then the eligible entity may use the qualifying revenues of the joint venture (determined as if the joint venture were an eligible entity) instead of its qualifying revenues for the purposes of paragraph (c) of the definition qualifying entity in subsection (1); (d) if all or substantially all of an eligible entity’s qualifying revenue — determined without reference to paragraph (d) of the definition qualifying revenue in subsection (1) — for a qualifying period is from one or more particular persons or partnerships with which it does not deal at arm’s length and each particular person or partnership jointly elects with the eligible entity, for the purposes of paragraph (c) of the definition qualifying entity in subsection (1) (i) the eligible entity’s qualifying revenue for the prior reference period is deemed to be $100, and (ii) the eligible entity’s qualifying revenue for the current reference period is deemed to be the total of all amounts, each of which is determined by the formula $100(A/B)(C/D)
where A
is the eligible entity’s qualifying revenue (determined without reference to paragraph (d) of the definition qualifying revenue in subsection (1)) for the current reference period attributable to a particular person or partnership,
B
is the total of all amounts, each of which is the eligible entity’s qualifying revenue (determined without reference to paragraph (d) of the definition qualifying revenue in subsection (1)) for the current reference period attributable to a particular person or partnership,
C
is the particular person or partnership’s qualifying revenue (determined as if the definition qualifying revenue in subsection (1) were read without reference to “in Canada”) for the current reference period, and
D
is the particular person or partnership’s qualifying revenue (determined as if the definition qualifying revenue in subsection (1) were read without reference to “in Canada”) for the prior reference period; and
(e) an eligible entity may make an election, which must apply for all qualifying periods, to determine its revenues based on the cash method, within the
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Chapter 6: COVID-19 Emergency Response Act, No. 2 PART 1 Income Tax Act Amendments to the Act Section 2
meaning assigned by subsection 28(1) with any modifications that the circumstances require.
Deemed overpayment (5) For the purposes of this section, (a) the amount of any deemed overpayment by an eligible entity under subsection (2) in respect of a qualifying period cannot exceed the amount claimed by the qualifying entity — in the application referred to in paragraph (a) of the definition qualifying entity in subsection (1) — in respect of that qualifying period; and (b) if an eligible employee is employed in a week by
two or more qualifying entities that do not deal with each other at arm’s length, the total amount of the deemed overpayment under subsection (2) in respect of the eligible employee for that week shall not exceed the amount that would arise if the eligible employee’s eligible remuneration for that week were paid by one qualifying entity. Anti-avoidance — qualifying revenues (6) The qualifying revenue of an eligible entity for a current reference period for a qualifying period is deemed to be equal to the qualifying revenue of the eligible entity for the relevant prior reference period, if (a) the eligible entity, or a person or partnership not
dealing at arm’s length with the eligible entity, enters into a transaction or participates in an event (or a series of transactions or events) or takes an action (or fails to take an action) — other than, for greater certainty, a decision under subparagraph (a)(ii) or (b)(ii) of the definition qualifying revenue in subsection (1) or the decision to use one of the methods of computing qualifying revenues under subsection (4) — that has the effect of reducing the qualifying revenues (determined without reference to this subsection) of the eligible entity for the current reference period; and (b) it is reasonable to conclude that one of the main purposes of the transaction, event, series or action in paragraph (a) is to cause an eligible entity to qualify for the deemed overpayment under subsection (2) in respect of that qualifying period.
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Chapter 6: COVID-19 Emergency Response Act, No. 2 PART 1 Income Tax Act Amendments to the Act Sections 2-4
Partnerships (7) A partnership is deemed (a) for the purposes of subsection (2) and subsection
160.1(1), to be a taxpayer; and (b) for the purposes of subsection (2), to have a liability under this Part for a taxation year in which a qualifying period ends.
Prescribed amounts (8) For any period referred to in paragraph (d) of the
definition qualifying period in subsection (1), the following may be prescribed: (a) the percentages in subparagraphs (a)(i) and (b)(ii)
of the description of A in subsection (2); and (b) the amounts in subparagraphs (a)(ii) and (b)(iii) of the description of A in subsection (2).
Deeming rule — current reference period (9) If, absent the application of this subsection, an eligible entity meets the conditions in paragraph (c) of the definition qualifying entity in subsection (1) in respect of a particular qualifying period, then the eligible entity is deemed to meet the conditions of that paragraph in respect of the immediately following qualifying period. 3 Paragraph 152(1)(b) of the Act is replaced by
the following: (b) the amount of tax, if any, deemed by subsection
120(2) or (2.2), 122.5(3) or (3.001), 122.51(2), 122.7(2) or (3), 122.8(4), 122.9(2), 122.91(1), 125.4(3), 125.5(3), 125.6(2), 125.7(2), 127.1(1), 127.41(3) or 210.2(3) or (4) to be paid on account of the taxpayer’s tax payable under this Part for the year. 4 (1) Subsection 163(2) of the Act is amended by striking out “and” at the end of paragraph (g), by adding “and” at the end of paragraph (h) and by adding the following after paragraph (h): (i) the amount, if any, by which
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Chapter 6: COVID-19 Emergency Response Act, No. 2 PART 1 Income Tax Act Amendments to the Act Sections 4-5
(i) the amount that would be deemed by subsection 125.7(2) to have been an overpayment by the person or partnership if that amount were calculated by reference to the information provided in the application filed pursuant to section 125.7
exceeds (ii) the amount that is deemed by that subsection to be an overpayment by the person or partnership. (2) Subsection 163(2.9) of the Act is replaced by
the following: Partnership liable to penalty (2.9) If a partnership is liable to a penalty under paragraph (2)(i), subsection (2.4) or (2.901) or section 163.2, 237.1 or 237.3, sections 152, 158 to 160.1, 161 and 164 to 167 and Division J apply, with any changes that the circumstances require, in respect of the penalty as if the partnership were a corporation.
Penalty — COVID-19 (2.901) Every eligible entity that is deemed by subsection 125.7(6) to have an amount of qualifying revenue — for a current reference period for a qualifying period — is liable to a penalty equal to 25% of the amount that would be deemed by subsection 125.7(2) to have been an overpayment by the eligible entity during that qualifying period if that amount were calculated by reference to the information provided in the application filed pursuant to paragraph (a) of the definition qualifying entity in subsection 125.7(1). 5 (1) Section 164 of the Act is amended by adding
the following after subsection (1.53):
COVID-19 refunds (1.6) Notwithstanding subsection (2.01), at any time after the beginning of a taxation year of a taxpayer in which an overpayment is deemed to have arisen under subsection 125.7(2), the Minister may refund to the taxpayer all or any part of the overpayment. COVID-19 refunds — partnerships (1.61) For the purposes of subsection (1.6), references to
a taxpayer include a partnership and the reference to a taxation year includes a fiscal period. (2) The portion of subsection 164(3) of the Act before paragraph (a) is replaced by the following:
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Chapter 6: COVID-19 Emergency Response Act, No. 2 PART 1 Income Tax Act Amendments to the Act Sections 5-7
Interest on refunds and repayments (3) If, under this section, an amount in respect of a taxation year (other than an amount, or a portion of the amount, that can reasonably be considered to arise from the operation of section 122.5, 122.61 or 125.7) is refunded or repaid to a taxpayer or applied to another liability of the taxpayer, the Minister shall pay or apply interest on it at the prescribed rate for the period that begins on the day that is the latest of the days referred to in the following paragraphs and that ends on the day on which the amount is refunded, repaid or applied: 6 (1) Section 241 of the Act is amended by adding
the following after subsection (3.4):
Information may be communicated (3.5) The Minister may communicate or otherwise make available to the public, in any manner that the Minister considers appropriate, the name of any person or partnership that makes an application under section 125.7.
(2) Paragraph 241(4)(d) of the Act is amended by adding the following after subparagraph (vii.5): (vii.6) to an official solely for the purposes of the administration and enforcement of the Canada Emergency Response Benefit Act or the evaluation or formulation of policy for that Act,
Payments out of Consolidated Revenue Fund Consolidated Revenue Fund 7 For the purpose of subsection 164(1.6) of the Income Tax Act, the Minister of National Revenue may make payments to a person or partnership out of the Consolidated Revenue Fund, at the times and in the manner that the Minister considers appropriate.
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Chapter 6: COVID-19 Emergency Response Act, No. 2 PART 2 Financial Administration Act Section 8
PART 2 R.S., c. F-11
Financial Administration Act Amendments to the Act 8 (1) Subsections 60.2(2) to (2.3) of the Financial Administration Act are replaced by the following:
Contracts (2) Subject to subsection (3), the Minister may, with the
Governor in Council’s authorization, enter into, on behalf of Her Majesty in right of Canada, any contract that in the Minister’s opinion is necessary to promote the stability or maintain the efficiency of the financial system in Canada, including such a contract to (a) purchase, acquire, hold, lend or sell or otherwise dispose of securities of an entity; (b) create a charge on, or right or interest in, securities of an entity held by the Minister; (c) make a loan to an entity; (d) provide a line of credit to an entity; (e) guarantee any debt, obligation or financial asset of
an entity; or (f) provide loan insurance or credit insurance for the benefit of an entity in respect of any debt, obligation or financial asset of the entity. (2) The portion of subsection 60.2(3) of the Act before paragraph (a) is replaced by the following:
Non-application to certain entities (3) Paragraph (2)(a) does not apply to (3) Subsections 60.2(4) to (6) of the Act are replaced by the following: Section 90 does not apply (4) Section 90 does not apply if the Minister purchases, acquires or sells or otherwise disposes, under paragraph (2)(a), of shares within the meaning of that section.
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Chapter 6: COVID-19 Emergency Response Act, No. 2 PART 2 Financial Administration Act Amendments to the Act Sections 8-11
Section 61 and Surplus Crown Assets Act do not apply (5) Section 61 and the Surplus Crown Assets Act do not apply if the Minister holds, loans or sells or otherwise disposes of securities under paragraph (2)(a).
Payments out of C.R.F. (6) Any amount payable under or in connection with a contract entered into under this section may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister, at the times and in the manner that the Minister considers appropriate. 9 Subsection 60.3(1) of the Act is replaced by the following:
Incorporation 60.3 (1) If, in the Minister’s opinion, it is necessary to promote the stability or maintain the efficiency of the financial system in Canada, the Minister may, during the period beginning on the day on which this subsection comes into force and ending on September 30, 2020, with the Governor in Council’s authorization, procure the incorporation of a corporation, all of the shares of which are held by the Minister on behalf of Her Majesty in right of Canada. 10 Subsection 60.4(1) of the Act is replaced by the
following: Entity other than corporation 60.4 (1) If, in the Minister’s opinion, it is necessary to promote the stability or maintain the efficiency of the financial system in Canada, the Minister may, during the period beginning on the day on which this subsection comes into force and ending on September 30, 2020, with the Governor in Council’s authorization, establish an entity, other than a corporation, on any terms and conditions that the Minister considers appropriate. R.S., c. C-3
Consequential Amendment to the Canada Deposit Insurance Corporation Act 11 The portion of subsection 10.1(3) of the
Canada Deposit Insurance Corporation Act before paragraph (a) is replaced by the following: Total indebtedness (3) The total principal indebtedness outstanding at any
time in respect of borrowings by the Corporation under
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Chapter 6: COVID-19 Emergency Response Act, No. 2 PART 2 Financial Administration Act Consequential Amendment to the Canada Deposit Insurance Corporation Act Sections 11-12
subsections (1) and (2), excluding the borrowings under paragraph 60.2(2)(c) of the Financial Administration Act and under subparagraph 60.2(2)(a)(iii) of that Act as it read on September 30, 2020, shall not exceed
Coming into Force October 1, 2020 12 Sections 8 and 11 come into force on October
1, 2020.
Published under authority of the Speaker of the House of Commons 2019-2020
Disponible sur le site Web de la Chambre des comm
|
First Session, Forty-third Parliament, 68-69 Elizabeth II, 2019-2020
STATUTES OF CANADA 2020
CHAPTER 2
An Act for granting to Her Majesty certain sums of money for the federal public administration for the fiscal year ending March 31, 2020
ASSENTED TO MARCH 13, 2020 BILL C-10
SUMMARY This enactment grants the sum of $3,793,291,722 towards defraying charges and expenses of the federal public administration for the fiscal year ending March 31, 2020 that are not otherwise provided for.
i
68-69 ELIZABETH II
CHAPTER 2
An Act for granting to Her Majesty certain sums of money for the federal public administration for the fiscal year ending March 31, 2020 [Assented to 13th March, 2020]
MOST GRACIOUS SOVEREIGN, Preamble Whereas it appears by message from Her Excellency the Right Honourable Julie Payette, Governor General and Commander-in-Chief of Canada, and the Estimates accompanying that message, that the sums mentioned below are required to defray certain expenses of the federal public administration, not otherwise provided for, for the fiscal year ending March 31, 2020, and for other purposes connected with the federal public administration; May it therefore please Your Majesty, that it may be enacted, and be it enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, that: Short title 1 This Act may be cited as the Appropriation Act No. 4,
2019–20. $3,793,291,722 granted for 2019–20 2 There may be paid out of the Consolidated Revenue
Fund a sum not exceeding in the aggregate $3,793,291,722 towards defraying the various charges and expenses of the federal public administration for the fiscal year ending March 31, 2020, not otherwise provided for, which is the total of the amounts of the items set out in the Supplementary Estimates (B) for that fiscal year as set out in Schedules 1 and 2.
2019-2020
Chapter 2: Appropriation Act No. 4, 2019–20 Sections 3-6
Transfers of appropriations 3 The transfers of appropriations set out in the Estimates referred to in section 2 are deemed to have been authorized on April 1, 2019. Purpose of each item 4 (1) The amount authorized by this Act to be paid in respect of an item may be paid only for the purposes, and subject to any terms and conditions, specified in the item. Effective date (2) The provisions of each item set out in Schedules 1
and 2 are deemed to have effect as of April 1, 2019. Adjustments in accounts of Canada — Schedule 1 5 An appropriation that is granted by this Act or any other Act and referred to in Schedule 1 may be charged after the end of the fiscal year for which the appropriation is granted at any time before the day on which the Public Accounts for that fiscal year are tabled in Parliament, for the purpose of making adjustments in the accounts of Canada for that fiscal year that do not require payments out of the Consolidated Revenue Fund.
Adjustments in accounts of Canada — Schedule 2 6 (1) An appropriation that is granted by this Act or any other Act and referred to in Schedule 2 may be charged after the end of the fiscal year following the fiscal year for which the appropriation is granted at any time before the day on which the Public Accounts for that second fiscal year are tabled in Parliament, for the purpose of making adjustments in the accounts of Canada for that second fiscal year that do not require payments out of the Consolidated Revenue Fund.
Order of payment (2) Despite any other provision of this Act, amounts appropriated by this Act and set out in Schedule 2 may be paid and applied at any time on or before March 31, 2021, so long as every payment is charged first against the relevant amount appropriated under any Act that is earliest in time until that amount is exhausted, next against the relevant amount appropriated under any other Act, including this Act, that is next in time until that amount is exhausted and so on. The balance of amounts so appropriated by this Act that have not been charged, subject to the adjustments referred to in section 37 of the Financial Administration Act, lapse at the end of the fiscal year following the fiscal year ending March 31, 2020.
2019-2020
Chapter 2: Appropriation Act No. 4, 2019–20 SCHEDULE 1
SCHEDULE 1
Based on the Supplementary Estimates (B), 2019–20, the amoun the items set out in this Schedule.
Sums granted to Her Majesty by this Act for the fiscal year ending Vote No.
Items
ADMINISTRATIVE TRIBUNALS SUPPORT SERVICE OF CAN Service canadien d’appui aux tribunaux administratifs 1b
– Program expenditures
– Authority to make recoverable expenditures in relation Canada Pension Plan and the Employment Insurance A
ATLANTIC CANADA OPPORTUNITIES AGENCY Agence de promotion économique du Canada atlantiqu 1b
– Operating expenditures
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 5b
– The grants listed in any of the Estimates for the fiscal ye – Contributions CANADA MORTGAGE AND HOUSING CORPORATION Société canadienne d’hypothèques et de logement
1b
– Payments to reimburse the Corporation for the amount grants, contributions and expenditures made, and losse curred, (a) under the National Housing Act; or
(b) in the course of the exercise of powers or the car functions conferred on the Corporation under any o accordance with the Corporation’s authority under t Housing Corporation Act CANADIAN ENERGY REGULATOR Régie canadienne de l’énergie 1b
– Program expenditures – Contributions
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year – in order to offset expe that fiscal year – revenues that it receives in that fiscal y internal support services under section 29.2 of that Act CANADIAN FOOD INSPECTION AGENCY Agence canadienne d’inspection des aliments 1b
– Operating expenditures
– The grants listed in any of the Estimates for the fiscal ye – Contributions 5b
– Capital expenditures CANADIAN INSTITUTES OF HEALTH RESEARCH Instituts de recherche en santé du Canada
1b
2019-2020
– Operating expenditures
Chapter 2: Appropriation Act No. 4, 2019–20 SCHEDULE 1
Vote No. 5b
Items
– The grants listed in any of the Estimates for the fiscal ye
CANADIAN NORTHERN ECONOMIC DEVELOPMENT AGEN Agence canadienne de développement économique du 5b
– The grants listed in any of the Estimates for the fiscal ye – Contributions CANADIAN SECURITY INTELLIGENCE SERVICE Service canadien du renseignement de sécurité
1b
– Program expenditures CANADIAN SPACE AGENCY Agence spatiale canadienne
5b 10b
– Capital expenditures
– The grants listed in any of the Estimates for the fiscal ye – Contributions CANADIAN TRANSPORTATION AGENCY Office des transports du Canada
1b
– Program expenditures COURTS ADMINISTRATION SERVICE Service administratif des tribunaux judiciaires
1b
– Program expenditures DEPARTMENT FOR WOMEN AND GENDER EQUALITY Ministère des Femmes et l’Égalité des genres
5b
– The grants listed in any of the Estimates for the fiscal ye – Contributions DEPARTMENT OF AGRICULTURE AND AGRI-FOOD Ministère de l’Agriculture et de l’Agroalimentaire
1b
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal (a) collaborative research agreements and research
(b) the grazing and breeding activities of the Commu
(c) the administration of the AgriStability program; a
(d) the provision of internal support services under s
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 5b 10b
– Capital expenditures
– The grants listed in any of the Estimates for the fiscal ye – Contributions
2019-2020
Chapter 2: Appropriation Act No. 4, 2019–20 SCHEDULE 1
Vote No.
Items DEPARTMENT OF CANADIAN HERITAGE Ministère du Patrimoine canadien
5b
– The grants listed in any of the Estimates for the fiscal ye – Contributions DEPARTMENT OF CITIZENSHIP AND IMMIGRATION Ministère de la Citoyenneté et de l’Immigration
1b
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year from the provision of services related to Canada — revenues that it receives in that fiscal year fr services
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 10b
– The grants listed in any of the Estimates for the fiscal ye
– Contributions, including the provision of goods and ser
DEPARTMENT OF CROWN-INDIGENOUS RELATIONS AND Ministère des Relations Couronne-Autochtones et des A 1b
– Operating expenditures – Expenditures on works, buildings and equipment
– Authority to make expenditures — recoverable or other formed on property that is not federal property and on spect of that property
– Authority to provide, in respect of Indian and Inuit econ ties, for the capacity development for Indians and Inuit terials and equipment – Authority to sell electric power to private consumers in alternative local sources of supply are not available, in and conditions approved by the Governor in Council
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela incurs in that fiscal year — revenues that it receives in t provision of internal support services under section 29.
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 5b
– Capital expenditures – Expenditures on buildings, works, land and equipment ownership of which
(a) may be transferred to provincial governments on approved by the Governor in Council; or
(b) may be transferred to Indian bands, groups of In ans at the discretion of the Minister of Crown-Indige – Expenditures on buildings, works, land and equipment federal property
2019-2020
Chapter 2: Appropriation Act No. 4, 2019–20 SCHEDULE 1
Vote No.
Items
– Authority to make recoverable expenditures on roads a amounts not exceeding the shares of provincial govern 10b
– The grants listed in any of the Estimates for the fiscal ye – Contributions
60b
– The forgiveness, as referred to in section 24.1 of the Fin of 98 debts due to Her Majesty in Right of Canada amo lated to comprehensive land claims
DEPARTMENT OF EMPLOYMENT AND SOCIAL DEVELOPM Ministère de l’Emploi et du Développement social 1b
– Operating expenditures
– Authority to make recoverable expenditures in relation Canada Pension Plan and the Employment Insurance A
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela incurs in that fiscal year — revenues that it receives in t
(a) the provision of services to assist provinces in th provincial programs funded under Labour Market D
(b) the provision of internal support services under s
(c) any amount charged to a Crown corporation und Government Employees Compensation Act in relatio for subrogated claims for Crown corporations; and
(d) the portion of the Government Employees Comp tal or agency subrogated claim settlements related t
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 5b
– The grants listed in any of the Estimates for the fiscal ye – Contributions
90b
– The writing off, as referred to in subsection 25(2) of the Act, of 33,098 debts due to Her Majesty in right of Cana to $180,432,220 related to student loans made under th cial Assistance Act DEPARTMENT OF FISHERIES AND OCEANS Ministère des Pêches et des Océans
1b
– Operating expenditures
– Canada’s share of expenses of the international fisherie – Authority to provide free office accommodation for the commissions
– Authority to make recoverable advances in the amounts ternational fisheries commissions of joint cost projects
– Authority to make recoverable advances for transportat er shipping services performed for individuals, outside ernments in the course of, or arising out of, the exercis tion, including aids to navigation and shipping
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal (a) in the course of, or arising from, the activities of Guard; and
2019-2020
Chapter 2: Appropriation Act No. 4, 2019–20 SCHEDULE 1
Vote No.
Items
(b) from the provision of internal support services u Act
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 5b
– Capital expenditures
– Authority to make payments to provinces, municipalitie thorities as contributions towards construction done by – Authority for the purchase and disposal of commercial
DEPARTMENT OF FOREIGN AFFAIRS, TRADE AND DEVEL Ministère des Affaires étrangères, du Commerce et du 1b
– Operating expenditures, including those related to the a representatives abroad, to the staff of those representa ment of Canadians to the staffs of international organiz
– Authority to make recoverable advances to internationa amounts not exceeding the amounts of the shares of th
– Expenditures in respect of the provision of office accom tional Civil Aviation Organization
– Authority to make recoverable expenditures for assistan distressed Canadian citizens and Canadian residents w their dependants
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela incurs in that fiscal year — revenues that it receives in t (a) trade and education fairs; (b) departmental publications; and (c) the following services:
(i) training services provided by the Canadian Fo
(ii) trade missions and other international busine (iii) investment development services, (iv) international telecommunication services,
(v) other services provided abroad to other depa Crown corporations and non-federal organization (vi) specialized consular services
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 10b
– The grants listed in any of the Estimates for the fiscal ye
– Contributions, including payments for other specified p sion of goods and services for (a) the promotion of trade and investment; and
(b) international humanitarian assistance and assist national security, international development and glo
2019-2020
Chapter 2: Appropriation Act No. 4, 2019–20 SCHEDULE 1
Vote No. 20b
Items
– Pursuant to subsection 12(2) of the International Develo tions) Assistance Act, the amount of financial assistanc ter of Foreign Affairs, in consultation with the Minister rect payments for the purpose of contributions to the in tutions may not exceed $250,684,323 in the fiscal year 2 DEPARTMENT OF HEALTH Ministère de la Santé
10b
– The grants listed in any of the Estimates for the fiscal ye
– Contributions, in the form of monetary payments or the services DEPARTMENT OF INDIGENOUS SERVICES Ministère des Services aux Autochtones 1b
– Operating expenditures – Expenditures on works, buildings and equipment
– Authority to make expenditures — recoverable or other formed on property that is not federal property and on spect of that property
– Authority to provide, in respect of Indian and Inuit econ ties, for the capacity development for Indians and Inuit terials and equipment – Authority to sell electric power to private consumers in alternative local sources of supply are not available, in and conditions approved by the Governor in Council
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela incurs in that fiscal year — revenues that it receives in t
(a) the provision of services or the sale of products r tion and medical services; and
(b) the provision of internal support services under s
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 10b
– The grants listed in any of the Estimates for the fiscal ye
– Contributions, in the form of monetary payments or the services DEPARTMENT OF INDUSTRY Ministère de l’Industrie 1b
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal
(a) the provision of internal support services under s and the provision of internal support services to the Property Office;
(b) activities and operations related to communicati munications Research Centre;
(c) services and insolvency processes under the Ban Act at the Office of the Superintendent of Bankruptc
2019-2020
Chapter 2: Appropriation Act No. 4, 2019–20 SCHEDULE 1
Vote No.
Items
(d) activities and operations carried out by Corporat Canada Business Corporations Act, the Boards of Tr operatives Act and the Canada Not-for-profit Corpor
(e) services and regulatory processes for mergers an ters, including pre-merger notifications, advance rul ten opinions, under the Competition Act at the Com
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 10b
– The grants listed in any of the Estimates for the fiscal ye – Contributions DEPARTMENT OF JUSTICE Ministère de la Justice
1b
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal
(a) the provision of mandatory legal services to fede agencies;
(b) the provision to Crown corporations, non-federa national organizations of optional legal services tha Department’s mandate; and
(c) the provision of internal support services under s
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 5b
– The grants listed in any of the Estimates for the fiscal ye – Contributions DEPARTMENT OF NATIONAL DEFENCE Ministère de la Défense nationale
1b
– Operating expenditures
– Authority for total commitments, subject to allotment b of $32,283,582,335 for the purposes of Votes 1, 5 and 10 gardless of the year in which the payment of those com which it is estimated that $12,140,735,346 will come du years)
– Authority, subject to the direction of the Treasury Board penditures or advances in respect of materials supplied formed on behalf of, individuals, corporations, outside departments and agencies and other governments – Payments
(a) in respect of pension, insurance and social secur rangements for employees locally engaged outside
(b) in respect of the administration of such program cluding premiums, contributions, benefit payments, tures made in respect of such employees and for an Treasury Board determines
2019-2020
Chapter 2: Appropriation Act No. 4, 2019–20 SCHEDULE 1
Vote No.
Items
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela incurs in that fiscal year — revenues that it receives in t from the provision of internal support services under se
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 5b
– Capital expenditures DEPARTMENT OF NATURAL RESOURCES Ministère des Ressources naturelles
1b
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal (a) the sale of forestry and information products;
(b) the issue of licences, permits and certificates und the Explosives Regulations, 2013;
(c) training and certification activities related to the A ferred to in paragraph (b);
(d) research, consultation, testing, analysis and adm research products as part of the departmental opera
(e) the provision of internal support services under s cial Administration Act
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 10b
– The grants listed in any of the Estimates for the fiscal ye – Contributions
DEPARTMENT OF PUBLIC SAFETY AND EMERGENCY PRE Ministère de la Sécurité publique et de la Protection civ 1b
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela incurs in that fiscal year — revenues that it receives in t from the provision of internal support services under se
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min
DEPARTMENT OF PUBLIC WORKS AND GOVERNMENT S Ministère des Travaux publics et des Services gouverne 1b
2019-2020
– Operating expenditures for the provision of accommod tral services
Chapter 2: Appropriation Act No. 4, 2019–20 SCHEDULE 1
Vote No.
Items
– Authority to make recoverable expenditures in relation Canada Pension Plan, the Employment Insurance Act a Management Act
– Authority to expend revenues that it receives during the the provision of accommodation, common and central
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal provision of internal support services under section 29.
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min DEPARTMENT OF THE ENVIRONMENT Ministère de l’Environnement 1b
– Operating expenditures
– Authority for the Minister of the Environment to engage by different Boards at the remuneration that those Boa
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela incurs in that fiscal year — revenues that it receives in t provision of internal support services under section 29. provision of services, the sale of information products, fees, the granting of leases or the issuance of licenses o including (a) research, analysis and scientific services; (b) hydrometric surveys; (c) regulatory services;
(d) monitoring services, including monitoring servic sands;
(e) fees for entry to federal real property or federal i (f) permits; and
(g) services in respect of federal real property or fed ing the granting of surface leases to oil and gas com of licences for grazing
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 10b
– The grants listed in any of the Estimates for the fiscal ye
– Contributions, including ones to developing countries b Fund for the Implementation of the Montreal Protocol t tary payments or the provision of goods, equipment or DEPARTMENT OF TRANSPORT Ministère des Transports 1b
– Operating expenditures
– Authority to make expenditures on other than federal p or arising out of the exercise of jurisdiction in, aeronau – Authority for the payment of commissions for revenue nautics Act
2019-2020
Chapter 2: Appropriation Act No. 4, 2019–20 SCHEDULE 1
Vote No.
Items
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal provision of internal support services under section 29.
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 5b
– Capital expenditures
10b
Grants and contributions – Efficient Transportation System
– The grants listed in any of the Estimates for the fiscal ye – Contributions 15b
Grants and contributions – Green and Innovative Transpor
– The grants listed in any of the Estimates for the fiscal ye – Contributions DEPARTMENT OF VETERANS AFFAIRS Ministère des Anciens Combattants 5b
– The grants listed in any of the Estimates for the fiscal ye listed for any grant may be increased or decreased, sub the Treasury Board – Contributions
DEPARTMENT OF WESTERN ECONOMIC DIVERSIFICATIO Ministère de la Diversification de l’économie de l’Ouest 1b
– Operating expenditures
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 5b
– The grants listed in any of the Estimates for the fiscal ye – Contributions
ECONOMIC DEVELOPMENT AGENCY OF CANADA FOR TH Agence de développement économique du Canada pou 1b
– Operating expenditures
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 5b
– The grants listed in any of the Estimates for the fiscal ye – Contributions
FEDERAL ECONOMIC DEVELOPMENT AGENCY FOR SOUT Agence fédérale de développement économique pour l 1b
– Operating expenditures
5b
– The grants listed in any of the Estimates for the fiscal ye
2019-2020
Chapter 2: Appropriation Act No. 4, 2019–20 SCHEDULE 1
Vote No.
Items – Contributions
FINANCIAL TRANSACTIONS AND REPORTS ANALYSIS CE Centre d’analyse des opérations et déclarations financi 1b
– Program expenditures LIBRARY OF PARLIAMENT Bibliothèque du Parlement
1b
– Program expenditures
– Authority to expend revenues that it receives in the fisc tivities NATIONAL RESEARCH COUNCIL OF CANADA Conseil national de recherches du Canada 5b 10b
– Capital expenditures
– The grants listed in any of the Estimates for the fiscal ye
– Contributions, including the provision of goods and ser Thirty Meter Telescope Observatory OFFICE OF INFRASTRUCTURE OF CANADA Bureau de l’infrastructure du Canada 1b
– Operating expenditures
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 5b 10b
– Capital expenditures
– The grants listed in any of the Estimates for the fiscal ye – Contributions OFFICE OF THE CHIEF ELECTORAL OFFICER Bureau du directeur général des élections
1b
– Program expenditures OFFICE OF THE DIRECTOR OF PUBLIC PROSECUTIONS Bureau du directeur des poursuites pénales
1b
– Program expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal
(a) the provision of prosecution and prosecution-rel
(b) the provision to Crown corporations, non-federa national organizations of optional prosecution and p vices that are consistent with the Office’s mandate;
(c) the provision of internal support services under s
PAROLE BOARD OF CANADA Commission des libérations conditionnelles du Canada 1b
2019-2020
– Program expenditures
Chapter 2: Appropriation Act No. 4, 2019–20 SCHEDULE 1
Vote No.
Items
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal of services to process record suspension applications f offences under federal Acts and regulations PUBLIC HEALTH AGENCY OF CANADA Agence de la santé publique du Canada 1b
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal products, the provision of inspection services and the p port services under section 29.2 of that Act 10b
– The grants listed in any of the Estimates for the fiscal ye – Contributions ROYAL CANADIAN MOUNTED POLICE Gendarmerie royale du Canada
1b
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela incurs in that fiscal year — revenues that it receives in t from the provision of internal support services under se 5b
– Capital expenditures
ROYAL CANADIAN MOUNTED POLICE EXTERNAL REVIEW Comité externe d’examen de la Gendarmerie royale du 1b
– Program expenditures SHARED SERVICES CANADA Services partagés Canada
1b
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year from the provision of information techn Shared Services Canada Act — revenues that it receive the provision of those services 5b
– Capital expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset cap incurs in that fiscal year — revenues that it receives in t provision of information technology services under the Act
SOCIAL SCIENCES AND HUMANITIES RESEARCH COUNC Conseil de recherches en sciences humaines 5b
– The grants listed in any of the Estimates for the fiscal ye THE JACQUES-CARTIER AND CHAMPLAIN BRIDGES INC. Les Ponts Jacques-Cartier et Champlain Inc.
1b
2019-2020
– Payments to the corporation to be applied in payment o ditures over its revenues (exclusive of depreciation on serves) in the operation of the Jacques-Cartier and Cha Champlain Bridge Ice Control Structure, the Melochevil
Chapter 2: Appropriation Act No. 4, 2019–20 SCHEDULE 1
Vote No.
Items
Soeurs Bypass Bridge and the federal sections of the H of the Bonaventure Expressway TREASURY BOARD SECRETARIAT Secrétariat du Conseil du Trésor 1b
– Program expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal of internal support services under section 29.2 of that A tivities
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min WINDSOR-DETROIT BRIDGE AUTHORITY Autorité du pont Windsor-Détroit 1b
2019-2020
– Payments to the Authority for the discharge of its mand Letters Patent and the Canada-Michigan Crossing Agre
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ANNEXE 1 D’après le Budget supplémentaire des dépenses (B) 2019-2020, la des postes figurant à la présente annexe.
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AGENCE CANADIENNE DE DÉVELOPPEMENT ÉCONOMI Canadian Northern Economic Development Agency 5b
– Subventions inscrites à tout budget des dépenses pou – Contributions AGENCE CANADIENNE D’INSPECTION DES ALIMENTS Canadian Food Inspection Agency
1b
– Dépenses de fonctionnement
– Subventions inscrites à tout budget des dépenses pou – Contributions 5b
– Dépenses en capital
AGENCE DE DÉVELOPPEMENT ÉCONOMIQUE DU CANA DU QUÉBEC Economic Development Agency of Canada for the Reg 1b
– Dépenses de fonctionnement
– Versement, à chacun des membres du Conseil privé d qui occupe une charge de ministre sans portefeuille o de ministre d’État sans être à la tête d’un départemen n’excédant pas celui versé, au titre de la Loi sur les tra d’État qui sont à la tête d’un département d’État, paya prorata pour toute période de moins d’un an et arrond inférieure en application de l’article 67 de la Loi sur le 5b
– Subventions inscrites à tout budget des dépenses pou – Contributions AGENCE DE LA SANTÉ PUBLIQUE DU CANADA Public Health Agency of Canada
1b
10b
–
Dépenses de fonctionnement
–
Autorisation, au titre du paragraphe 29.1(2) de la Loi s publiques, d’affecter, au cours de l’exercice, à la comp engagées au cours de cet exercice, les recettes perçue proviennent de la vente de produits, de la prestation d de la prestation de services de soutien internes en ver loi
– Subventions inscrites à tout budget des dépenses pou – Contributions
AGENCE DE PROMOTION ÉCONOMIQUE DU CANADA A Atlantic Canada Opportunities Agency 1b
– Dépenses de fonctionnement –
2019-2020
Versement, à chacun des membres du Conseil privé d qui occupe une charge de ministre sans portefeuille o de ministre d’État sans être à la tête d’un départemen n’excédant pas celui versé, au titre de la Loi sur les tra d’État qui sont à la tête d’un département d’État, paya
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prorata pour toute période de moins d’un an et arrond inférieure en application de l’article 67 de la Loi sur le 5b
– Subventions inscrites à tout budget des dépenses pou – Contributions
AGENCE FÉDÉRALE DE DÉVELOPPEMENT ÉCONOMIQU L’ONTARIO Federal Economic Development Agency for Southern 1b
– Dépenses de fonctionnement
5b
– Subventions inscrites à tout budget des dépenses pou – Contributions AGENCE SPATIALE CANADIENNE Canadian Space Agency
5b
– Dépenses en capital
10b
– Subventions inscrites à tout budget des dépenses pou – Contributions AUTORITÉ DU PONT WINDSOR-DÉTROIT Windsor-Detroit Bridge Authority
1b
– Paiements à l’Autorité pour l’exécution de son manda lettres patentes et à l’Accord sur le passage Canada-M BIBLIOTHÈQUE DU PARLEMENT Library of Parliament
1b
– Dépenses du programme
– Autorisation de dépenser les recettes perçues au cours viennent de ses activités BUREAU DE L’INFRASTRUCTURE DU CANADA Office of Infrastructure of Canada 1b
– Dépenses de fonctionnement –
Versement, à chacun des membres du Conseil privé d qui occupe une charge de ministre sans portefeuille o de ministre d’État sans être à la tête d’un départemen n’excédant pas celui versé, au titre de la Loi sur les tra d’État qui sont à la tête d’un département d’État, paya prorata pour toute période de moins d’un an et arrond inférieure en application de l’article 67 de la Loi sur le
5b
– Dépenses en capital
10b
– Subventions inscrites à tout budget des dépenses pou – Contributions BUREAU DU DIRECTEUR DES POURSUITES PÉNALES Office of the Director of Public Prosecutions
1b
– Dépenses du programme
– Autorisation, au titre du paragraphe 29.1(2) de la Loi s publiques, d’affecter, au cours de l’exercice, à la comp engagées au cours de cet exercice, les recettes perçue proviennent de ce qui suit :
a) les services de poursuites et les services connex
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b) les services de poursuites et les services connex dat du Bureau — fournis de manière facultative à d organisations non fédérales ou internationales; c) les services de soutien internes fournis en vertu loi. BUREAU DU DIRECTEUR GÉNÉRAL DES ÉLECTIONS Office of the Chief Electoral Officer 1b
– Dépenses du programme
CENTRE D’ANALYSE DES OPÉRATIONS ET DÉCLARATIO CANADA Financial Transactions and Reports Analysis Centre of 1b
– Dépenses du programme
COMITÉ EXTERNE D’EXAMEN DE LA GENDARMERIE RO Royal Canadian Mounted Police External Review Com 1b
– Dépenses du programme
COMMISSION DES LIBÉRATIONS CONDITIONNELLES DU Parole Board of Canada 1b
– Dépenses du programme –
Autorisation, au titre du paragraphe 29.1(2) de la Loi s publiques, d’affecter, au cours de l’exercice, à la comp engagées au cours de cet exercice, les recettes perçue proviennent de la prestation de services visant le trait suspension du casier présentées par les personnes co fractions à des lois ou règlements fédéraux
CONSEIL DE RECHERCHES EN SCIENCES HUMAINES Social Sciences and Humanities Research Council 5b
– Subventions inscrites à tout budget des dépenses pou CONSEIL NATIONAL DE RECHERCHES DU CANADA National Research Council of Canada
5b
– Dépenses en capital
10b
– Subventions inscrites à tout budget des dépenses pou
– Contributions, y compris la fourniture de biens et de se international du Télescope de trente mètres GENDARMERIE ROYALE DU CANADA Royal Canadian Mounted Police 1b
– Dépenses de fonctionnement –
5b
Autorisation, au titre du paragraphe 29.1(2) de la Loi s publiques, d’affecter, au cours de l’exercice, à la comp connexes engagées au cours de cet exercice, les recet celui-ci qui proviennent notamment de la prestation d ternes en vertu de l’article 29.2 de cette loi
– Dépenses en capital INSTITUTS DE RECHERCHE EN SANTÉ DU CANADA Canadian Institutes of Health Research
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1b
– Dépenses de fonctionnement
5b
– Subventions inscrites à tout budget des dépenses pou LES PONTS JACQUES-CARTIER ET CHAMPLAIN INC. The Jacques-Cartier and Champlain Bridges Inc.
1b
– Paiements à la société à affecter au paiement de l’excé ses revenus, exception faite de l’amortissement des im serves, relativement à l’exploitation des ponts Jacque l’estacade du pont Champlain, du tunnel Melocheville ment de l’Île des Sœurs et des tronçons fédéraux du p l’autoroute Bonaventure
MINISTÈRE DE LA CITOYENNETÉ ET DE L’IMMIGRATION Department of Citizenship and Immigration 1b
–
Dépenses de fonctionnement
–
Autorisation, au titre du paragraphe 29.1(2) de la Loi s publiques, d’affecter, au cours de l’exercice, à la comp engagées au cours de cet exercice pour la prestation d du programme « Expérience internationale Canada », cours de cet exercice qui proviennent de la prestation
– Versement, à chacun des membres du Conseil privé d qui occupe une charge de ministre sans portefeuille o de ministre d’État sans être à la tête d’un départemen n’excédant pas celui versé, au titre de la Loi sur les tra d’État qui sont à la tête d’un département d’État, paya prorata pour toute période de moins d’un an et arrond inférieure en application de l’article 67 de la Loi sur le 10b
– Subventions inscrites à tout budget des dépenses pou
– Contributions, y compris la fourniture de biens et de se MINISTÈRE DE LA DÉFENSE NATIONALE Department of National Defence 1b
– Dépenses de fonctionnement
– Autorisation de contracter, sous réserve d’affectation p des engagements totalisant 32 283 582 335 $ à l’égard ministère, quelle que soit l’année au cours de laquelle ment afférent à l’un ou l’autre de ces engagements (e tranche de 12 140 735 346 $ deviendra payable dans le
– Autorisation de faire des dépenses ou des avances rec des directives du Conseil du Trésor, à l’égard du maté liers, des sociétés, des organismes extérieurs, d’autre nismes fédéraux et d’autres administrations, ou des s nom – Paiements effectués dans le cadre :
a) de programmes de pension, d’assurance et de s ententes pour les employés recrutés sur place à l’e
b) de l’administration de ces programmes ou enten contributions, avantages, frais et autres dépenses ployés recrutés sur place à l’extérieur du Canada e déterminées par le Conseil du Trésor.
– Autorisation, au titre du paragraphe 29.1(2) de la Loi s publiques, d’affecter, au cours de l’exercice, à la comp connexes engagées au cours de cet exercice, les recet celui-ci qui proviennent notamment de la prestation d ternes en vertu de l’article 29.2 de cette loi
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– Versement, à chacun des membres du Conseil privé d qui occupe une charge de ministre sans portefeuille o de ministre d’État sans être à la tête d’un départemen n’excédant pas celui versé, au titre de la Loi sur les tra d’État qui sont à la tête d’un département d’État, paya prorata pour toute période de moins d’un an et arrond inférieure en application de l’article 67 de la Loi sur le 5b
– Dépenses en capital
MINISTÈRE DE LA DIVERSIFICATION DE L’ÉCONOMIE DE Department of Western Economic Diversification 1b
– Dépenses de fonctionnement
– Versement, à chacun des membres du Conseil privé d qui occupe une charge de ministre sans portefeuille o de ministre d’État sans être à la tête d’un départemen n’excédant pas celui versé, au titre de la Loi sur les tra d’État qui sont à la tête d’un département d’État, paya prorata pour toute période de moins d’un an et arrond inférieure en application de l’article 67 de la Loi sur le 5b
– Subventions inscrites à tout budget des dépenses pou – Contributions
MINISTÈRE DE L’AGRICULTURE ET DE L’AGROALIMENT Department of Agriculture and Agri-Food 1b
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Loi s publiques, d’affecter, au cours de l’exercice, à la comp engagées au cours de cet exercice, les recettes perçue proviennent de ce qui suit :
a) les ententes de recherche concertée et les servic
b) les activités de pâturage et de reproduction du P communautaires;
c) l’administration du programme « Agri-stabilité » d) la prestation de services de soutien internes en cette loi. –
Versement, à chacun des membres du Conseil privé d qui occupe une charge de ministre sans portefeuille o de ministre d’État sans être à la tête d’un départemen n’excédant pas celui versé, au titre de la Loi sur les tra d’État qui sont à la tête d’un département d’État, paya prorata pour toute période de moins d’un an et arrond inférieure en application de l’article 67 de la Loi sur le
5b
– Dépenses en capital
10b
– Subventions inscrites à tout budget des dépenses pou – Contributions MINISTÈRE DE LA JUSTICE Department of Justice
1b
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Loi s publiques, d’affecter, au cours de l’exercice, à la comp engagées au cours de cet exercice, les recettes perçue proviennent de ce qui suit :
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a) les services juridiques fournis de manière obliga ganismes fédéraux;
b) les services juridiques — conformes au mandat manière facultative à des sociétés d’État et à des o ou internationales; c) les services de soutien internes fournis en vertu loi.
– Versement, à chacun des membres du Conseil privé d qui occupe une charge de ministre sans portefeuille o de ministre d’État sans être à la tête d’un départemen n’excédant pas celui versé, au titre de la Loi sur les tra d’État qui sont à la tête d’un département d’État, paya prorata pour toute période de moins d’un an et arrond inférieure en application de l’article 67 de la Loi sur le 5b
– Subventions inscrites à tout budget des dépenses pou – Contributions MINISTÈRE DE LA SANTÉ Department of Health
10b
– Subventions inscrites à tout budget des dépenses pou
– Contributions, sous forme de paiements en argent ou d de services
MINISTÈRE DE LA SÉCURITÉ PUBLIQUE ET DE LA PROT Department of Public Safety and Emergency Prepared 1b
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Loi s publiques, d’affecter, au cours de l’exercice, à la comp connexes engagées au cours de cet exercice, les recet celui-ci qui proviennent notamment de la prestation d ternes en vertu de l’article 29.2 de cette loi
– Versement, à chacun des membres du Conseil privé d qui occupe une charge de ministre sans portefeuille o de ministre d’État sans être à la tête d’un départemen n’excédant pas celui versé, au titre de la Loi sur les tra d’État qui sont à la tête d’un département d’État, paya prorata pour toute période de moins d’un an et arrond inférieure en application de l’article 67 de la Loi sur le
MINISTÈRE DE L’EMPLOI ET DU DÉVELOPPEMENT SOCI Department of Employment and Social Development 1b
– Dépenses de fonctionnement
– Autorisation d’effectuer des dépenses recouvrables lié gime de pensions du Canada et de la Loi sur l’assuran
– Autorisation, au titre du paragraphe 29.1(2) de la Loi s publiques, d’affecter, au cours de l’exercice, à la comp connexes engagées au cours de cet exercice, les recet celui-ci qui proviennent de ce qui suit :
a) les services visant à aider les provinces à admin provinciaux financés aux termes des ententes sur l ché du travail;
b) les services de soutien internes fournis en vertu loi;
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c) tout montant facturé à une société d’État en vert sur l’indemnisation des agents de l’État en lien ave les recours par subrogation pour les sociétés d’Éta
d) la portion des coûts de litige découlant des règle mandes de réclamation auprès de tiers pour les m faits en vertu de la Loi sur l’indemnisation des age
– Versement, à chacun des membres du Conseil privé d qui occupe une charge de ministre sans portefeuille o de ministre d’État sans être à la tête d’un départemen n’excédant pas celui versé, au titre de la Loi sur les tra d’État qui sont à la tête d’un département d’État, paya prorata pour toute période de moins d’un an et arrond inférieure en application de l’article 67 de la Loi sur le 5b
– Subventions inscrites à tout budget des dépenses pou
90b
– Radiation, au titre du paragraphe 25(2) de la Loi sur la bliques, de 33 098 dettes relatives à des prêts d’études Loi fédérale sur l’aide financière aux étudiants, dues à Canada et sʼélevant au total à 180 432 220 $
– Contributions
MINISTÈRE DE L’ENVIRONNEMENT Department of the Environment 1b
– Dépenses de fonctionnement
– Autorisation au ministre de l’Environnement d’engage dont les commissions peuvent avoir besoin et versem ments déterminés par celles-ci
– Autorisation, au titre du paragraphe 29.1(2) de la Loi s publiques, d’affecter, au cours de l’exercice, à la comp connexes engagées au cours de cet exercice, les recet celui-ci qui proviennent de la prestation de services de de lʼarticle 29.2 de cette loi et de la prestation de servi duits d’information, de la perception de droits d’accès licences ou d’autres autorisations, notamment :
a) les services de recherche, les services d’analyse fiques; b) les relevés hydrologiques; c) les services de réglementation;
d) les services de surveillance, notamment les activ sables bitumineux;
e) les droits d’accès à des biens immeubles fédéra déraux; f) les permis;
g) les services relatifs à des biens immeubles fédér déraux, notamment l’octroi de baux de surface à d et gazières et l’octroi de licences autorisant le pâtu
– Versement, à chacun des membres du Conseil privé d qui occupe une charge de ministre sans portefeuille o de ministre d’État sans être à la tête d’un départemen n’excédant pas celui versé, au titre de la Loi sur les tra d’État qui sont à la tête d’un département d’État, paya prorata pour toute période de moins d’un an et arrond inférieure en application de l’article 67 de la Loi sur le 10b
– Subventions inscrites à tout budget des dépenses pou
– Contributions, y compris celles aux pays en développe latéral pour l’application du Protocole de Montréal, so argent ou de fourniture de biens, d’équipement ou de
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Postes MINISTÈRE DE L’INDUSTRIE Department of Industry
1b
–
Dépenses de fonctionnement
–
Autorisation, au titre du paragraphe 29.1(2) de la Loi s publiques, d’affecter, au cours de l’exercice, à la comp engagées au cours de cet exercice, les recettes perçue proviennent de ce qui suit :
a) la prestation de services de soutien internes en v cette loi et de services de soutien internes à l’Office lectuelle du Canada;
b) les activités liées aux recherches sur les commu recherches sur les communications;
c) les services et la procédure d’insolvabilité, au tit l’insolvabilité, au Bureau du surintendant des faillit
d) les activités de Corporations Canada au titre de sociétés par actions, de la Loi sur les chambres de dienne sur les coopératives et de la Loi canadienne but non lucratif;
e) les services et la procédure réglementaire au Bu pour les fusions et toute chose s’y rapportant, y co à une fusion, les certificats de décision préalable e titre de la Loi sur la concurrence.
– Versement, à chacun des membres du Conseil privé d qui occupe une charge de ministre sans portefeuille o de ministre d’État sans être à la tête d’un départemen n’excédant pas celui versé, au titre de la Loi sur les tra d’État qui sont à la tête d’un département d’État, paya prorata pour toute période de moins d’un an et arrond inférieure en application de l’article 67 de la Loi sur le 10b
– Subventions inscrites à tout budget des dépenses pou – Contributions
MINISTÈRE DES AFFAIRES ÉTRANGÈRES, DU COMMER DÉVELOPPEMENT Department of Foreign Affairs, Trade and Developmen 1b
– Dépenses de fonctionnement, y compris celles liées à sentants du Canada à l’étranger, à leur personnel et a le gouvernement canadien au personnel d’organisme
– Autorisation de faire des avances recouvrables à des o jusqu’à concurrence de la valeur des actions détenues nismes
– Dépenses relatives aux locaux de l’Organisation de l’a nale
– Autorisation d’effectuer des dépenses recouvrables po résidents canadiens qui se trouvent en difficulté à l’étr personnes à charge, et pour rapatrier ces personnes
– Autorisation, au titre du paragraphe 29.1(2) de la Loi s publiques, d’affecter, au cours de l’exercice, à la comp connexes engagées au cours de cet exercice, les recet celui-ci qui proviennent de ce qui suit : a) les foires commerciales et éducatives; b) les publications ministérielles; c) la prestation des services suivants :
(i) la formation offerte par l’Institut canadien du
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(ii) les missions commerciales et autres service commerce international,
(iii) les services de développement des investiss
(iv) les services de télécommunication internati
(v) les autres services fournis à l’étranger à d’au nismes, sociétés d’État et autres organisations n (vi) les services consulaires spécialisés.
– Versement, à chacun des membres du Conseil privé d qui occupe une charge de ministre sans portefeuille o de ministre d’État sans être à la tête d’un départemen n’excédant pas celui versé, au titre de la Loi sur les tra d’État qui sont à la tête d’un département d’État, paya prorata pour toute période de moins d’un an et arrond inférieure en application de l’article 67 de la Loi sur le 10b
– Subventions inscrites à tout budget des dépenses pou
– Contributions, y compris les paiements à d’autres fins de biens et de services pour :
a) la promotion du commerce et de l’investissemen
b) l’aide humanitaire internationale et l’aide fourni internationale, le développement international et la 20b
– Aide financière fournie par le ministre des Affaires étr avec le ministre des Finances, à titre de contributions cières internationales pour l’exercice 2019-2020, qui, c graphe 12(2) de la Loi d’aide au développement intern cières), ne dépasse pas 250 684 323 $ MINISTÈRE DES ANCIENS COMBATTANTS Department of Veterans Affairs
5b
– Subventions inscrites à tout budget des dépenses pou inscrit à chacune des subventions pouvant être modifi bation du Conseil du Trésor – Contributions
MINISTÈRE DES FEMMES ET DE L’ÉGALITÉ DES GENRE Department for Women and Gender Equality 5b
– Subventions inscrites à tout budget des dépenses pou – Contributions MINISTÈRE DES PÊCHES ET DES OCÉANS Department of Fisheries and Oceans
1b
– Dépenses de fonctionnement
– Participation du Canada aux dépenses des commissio pêches
– Autorisation de fournir gratuitement des locaux aux co nales des pêches
– Autorisation de faire des avances recouvrables équiva quote-part de ces commissions dans les programmes
– Autorisation de faire des avances recouvrables pour d d’arrimage et d’autres services de la marine marchand liers, à des organismes indépendants et à d’autres go l’exercice de sa compétence en matière de navigation navigation et à la navigation maritime
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– Autorisation, au titre du paragraphe 29.1(2) de la Loi s publiques, d’affecter, au cours de l’exercice, à la comp engagées au cours de cet exercice, les recettes perçue proviennent de ce qui suit : a) les activités de la Garde côtière canadienne; b) la prestation de services de soutien internes en cette loi.
– Versement, à chacun des membres du Conseil privé d qui occupe une charge de ministre sans portefeuille o de ministre d’État sans être à la tête d’un départemen n’excédant pas celui versé, au titre de la Loi sur les tra d’État qui sont à la tête d’un département d’État, paya prorata pour toute période de moins d’un an et arrond inférieure en application de l’article 67 de la Loi sur le 5b
– Dépenses en capital
– Autorisation de faire des paiements aux provinces, au autorités locales ou privées à titre de contributions à d tion entrepris par ces administrations ou autorités
– Autorisation d’acheter des bateaux de pêche commerc
MINISTÈRE DES RELATIONS COURONNE-AUTOCHTONE NORD Department of Crown-Indigenous Relations and North 1b
– Dépenses de fonctionnement
– Dépenses relatives aux ouvrages, bâtiments et matéri
– Autorisation d’effectuer des dépenses — recouvrables travaux effectués sur des propriétés n’appartenant pa ral et aux services fournis à l’égard de celles-ci
– Autorisation d’affecter des fonds dans le cadre d’activ économique des Indiens et des Inuits, relatives au dév té des Indiens et des Inuits et à l’approvisionnement e riel
– Autorisation de vendre de l’électricité, conformément vées par le gouverneur en conseil, aux consommateu vivant dans des centres éloignés lorsque ces derniers sources alternatives locales d’approvisionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Loi s publiques, d’affecter, au cours de l’exercice, à la comp connexes engagées au cours de cet exercice, les recet celui-ci qui proviennent de la prestation de services de de l’article 29.2 de cette loi
– Versement, à chacun des membres du Conseil privé d qui occupe une charge de ministre sans portefeuille o de ministre d’État sans être à la tête d’un départemen n’excédant pas celui versé, au titre de la Loi sur les tra d’État qui sont à la tête d’un département d’État, paya prorata pour toute période de moins d’un an et arrond inférieure en application de l’article 67 de la Loi sur le 5b
– Dépenses en capital
– Dépenses relatives aux bâtiments, ouvrages, terrains e le contrôle et la propriété peuvent être transférés :
a) soit aux gouvernements provinciaux, selon les c le gouverneur en conseil;
b) soit à des bandes indiennes ou à des Indiens, à lier, à la discrétion du ministre des Relations Couro
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Postes
– Dépenses relatives aux bâtiments, ouvrages, terrains e l’égard de propriétés n’appartenant pas au gouvernem
– Autorisation d’effectuer des dépenses recouvrables po passant pas la part des frais assumés par les gouvern des routes et ouvrages connexes 10b
– Subventions inscrites à tout budget des dépenses pou – Contributions
60b
– Renonciation, au titre de lʼarticle 24.1 de la Loi sur la g bliques, à quatre-vingt-dix-huit créances relatives à de riales globales dues à Sa Majesté du chef du Canada e MINISTÈRE DES RESSOURCES NATURELLES Department of Natural Resources
1b
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Loi s publiques, d’affecter, au cours de l’exercice, à la comp engagées au cours de cet exercice, les recettes perçue proviennent de ce qui suit :
a) la vente de produits d’information et de produits
b) la délivrance de licences, de permis et de certific les explosifs et du Règlement de 2013 sur les explo
c) la formation et les attestations de formation liée visés à l’alinéa b);
d) la perception, dans le cadre des activités du min services de recherche, de consultation, d’évaluatio tration et pour l’accès à des travaux de recherche;
e) la prestation de services de soutien internes en v Loi sur la gestion des finances publiques.
– Versement, à chacun des membres du Conseil privé d qui occupe une charge de ministre sans portefeuille o de ministre d’État sans être à la tête d’un départemen n’excédant pas celui versé, au titre de la Loi sur les tra d’État qui sont à la tête d’un département d’État, paya prorata pour toute période de moins d’un an et arrond inférieure en application de l’article 67 de la Loi sur le 10b
– Subventions inscrites à tout budget des dépenses pou – Contributions MINISTÈRE DES SERVICES AUX AUTOCHTONES Department of Indigenous Services
1b
– Dépenses de fonctionnement
– Dépenses relatives aux ouvrages, bâtiments et matéri
– Autorisation d’effectuer des dépenses — recouvrables travaux effectués sur des propriétés n’appartenant pa ral et aux services fournis à l’égard de celles-ci
– Autorisation d’affecter des fonds dans le cadre d’activ économique des Indiens et des Inuits, relatives au dév té des Indiens et des Inuits et à l’approvisionnement e riel
– Autorisation de vendre de l’électricité, conformément vées par le gouverneur en conseil, aux consommateu vivant dans des centres éloignés lorsque ces derniers sources alternatives locales d’approvisionnement
2019-2020
Chapter 2: Appropriation Act No. 4, 2019–20 SCHEDULE 1 (French)
No du crédit
Postes
– Autorisation, au titre du paragraphe 29.1(2) de la Loi s publiques, d’affecter, au cours de l’exercice, à la comp connexes engagées au cours de cet exercice, les recet celui-ci qui proviennent de ce qui suit :
a) la prestation de services ou la vente de produits tion de la santé et aux services médicaux; b) la prestation de services de soutien internes en cette loi.
– Versement, à chacun des membres du Conseil privé d qui occupe une charge de ministre sans portefeuille o de ministre d’État sans être à la tête d’un départemen n’excédant pas celui versé, au titre de la Loi sur les tra d’État qui sont à la tête d’un département d’État, paya prorata pour toute période de moins d’un an et arrond inférieure en application de l’article 67 de la Loi sur le 10b
– Subventions inscrites à tout budget des dépenses pou – Contributions, sous forme de paiements en argent ou de services MINISTÈRE DES TRANSPORTS Department of Transport
1b
– Dépenses de fonctionnement
– Autorisation d’engager des dépenses pour des biens a le cadre de l’exercice d’une compétence en matière d’
– Autorisation de payer des commissions pour le recouv vertu de la Loi sur l’aéronautique
– Autorisation, au titre du paragraphe 29.1(2) de la Loi s publiques, d’affecter, au cours de l’exercice, à la comp engagées au cours de cet exercice, les recettes perçue proviennent notamment de la prestation de services d tu de l’article 29.2 de cette loi
– Versement, à chacun des membres du Conseil privé d qui occupe une charge de ministre sans portefeuille o de ministre d’État sans être à la tête d’un départemen n’excédant pas celui versé, au titre de la Loi sur les tra d’État qui sont à la tête d’un département d’État, paya prorata pour toute période de moins d’un an et arrond inférieure en application de l’article 67 de la Loi sur le 5b
– Dépenses en capital
10b
Subventions et contributions — Réseau de transport effic
– Subventions inscrites à tout budget des dépenses pou – Contributions 15b
Subventions et contributions — Réseau de transport écol
– Subventions inscrites à tout budget des dépenses pou – Contributions
MINISTÈRE DES TRAVAUX PUBLICS ET DES SERVICES G Department of Public Works and Government Service 1b
– Dépenses de fonctionnement pour la prestation de ser caux et de services communs et centraux
– Autorisation d’effectuer des dépenses recouvrables lié gime de pensions du Canada, de la Loi sur l’assurance l’administration des biens saisis
2019-2020
Chapter 2: Appropriation Act No. 4, 2019–20 SCHEDULE 1 (French)
No du crédit
Postes
– Autorisation de dépenser les recettes perçues au cour viennent de la prestation de services de gestion des lo muns et centraux
– Autorisation, au titre du paragraphe 29.1(2) de la Loi s publiques, d’affecter, au cours de l’exercice, à la comp engagées au cours de cet exercice, les recettes perçue proviennent notamment de la prestation de services d tu de l’article 29.2 de cette loi
– Versement, à chacun des membres du Conseil privé d qui occupe une charge de ministre sans portefeuille o de ministre d’État sans être à la tête d’un départemen n’excédant pas celui versé, au titre de la Loi sur les tra d’État qui sont à la tête d’un département d’État, paya prorata pour toute période de moins d’un an et arrond inférieure en application de l’article 67 de la Loi sur le MINISTÈRE DU PATRIMOINE CANADIEN Department of Canadian Heritage 5b
– Subventions inscrites à tout budget des dépenses pou – Contributions OFFICE DES TRANSPORTS DU CANADA Canadian Transportation Agency
1b
– Dépenses du programme RÉGIE CANADIENNE DE L’ÉNERGIE Canadian Energy Regulator
1b
– Dépenses du programme – Contributions
– Autorisation, au titre du paragraphe 29.1(2) de la Loi s publiques, d’affecter, au cours de l’exercice, à la comp engagées au cours de cet exercice, les recettes perçue proviennent de la prestation de services de soutien in 29.2 de cette loi SECRÉTARIAT DU CONSEIL DU TRÉSOR Treasury Board Secretariat 1b
– Dépenses du programme
– Autorisation, au titre du paragraphe 29.1(2) de la Loi s publiques, d’affecter, au cours de l’exercice, à la comp engagées au cours de cet exercice, les recettes perçue proviennent de la prestation de services de soutien in 29.2 de cette loi et de ses autres activités
– Versement, à chacun des membres du Conseil privé d qui occupe une charge de ministre sans portefeuille o de ministre d’État sans être à la tête d’un départemen n’excédant pas celui versé, au titre de la Loi sur les tra d’État qui sont à la tête d’un département d’État, paya prorata pour toute période de moins d’un an et arrond inférieure en application de l’article 67 de la Loi sur le
SERVICE ADMINISTRATIF DES TRIBUNAUX JUDICIAIRES Courts Administration Service 1b
2019-2020
– Dépenses du programme
Chapter 2: Appropriation Act No. 4, 2019–20 SCHEDULE 1 (French)
No du crédit
Postes
SERVICE CANADIEN D’APPUI AUX TRIBUNAUX ADMINI Administrative Tribunals Support Service of Canada 1b
– Dépenses du programme
– Autorisation d’effectuer des dépenses recouvrables lié gime de pensions du Canada et de la Loi sur l’assuran
SERVICE CANADIEN DU RENSEIGNEMENT DE SÉCURITÉ Canadian Security Intelligence Service 1b
– Dépenses du programme SERVICES PARTAGÉS CANADA Shared Services Canada
1b
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Loi s publiques, d’affecter, au cours de l’exercice, à la comp engagées au cours de cet exercice pour la prestation d de l’information au titre de la Loi sur Services partagé çues au cours de celui-ci qui proviennent de la prestat 5b
– Dépenses en capital
– Autorisation, au titre du paragraphe 29.1(2) de la Loi s publiques, d’affecter, au cours de l’exercice, à la comp capital engagées au cours de cet exercice, les recettes lui-ci qui proviennent de la prestation de services de t tion au titre de la Loi sur Services partagés Canada
SOCIÉTÉ CANADIENNE D’HYPOTHÈQUES ET DE LOGEM Canada Mortgage and Housing Corporation 1b
– Paiements à la Société visant à la rembourser pour les elle sur les prêts consentis, les subventions et contrib penses contractées, les pertes subies et les frais et dé cas : a) au titre de la Loi nationale sur l’habitation;
b) dans le cadre des attributions qui lui sont confér dérale et qu’elle exerce en conformité avec la Loi s d’hypothèques et de logement.
2019-2020
Chapter 2: Appropriation Act No. 4, 2019–20 SCHEDULE 2
SCHEDULE 2
Based on the Supplementary Estimates (B), 2019–20, the amoun items set out in this Schedule.
Sums granted to Her Majesty by this Act for the fiscal year endin following fiscal year ending March 31, 2021 and the purposes for w Vote No.
Items CANADA BORDER SERVICES AGENCY Agence des services frontaliers du Canada
1b
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal
(a) fees, related to border operations, for the provisi of a facility or for a product, right or privilege; and (b) payments received under contracts entered into CANADA REVENUE AGENCY Agence du revenu du Canada 1b
– Operating expenditures – Contributions
– Authority to make recoverable expenditures in relation Canada Pension Plan and the Employment Insurance A PARKS CANADA AGENCY Agence Parcs Canada 1b
– Program expenditures – Capital expenditures
– The grants listed in any of the Estimates for the fiscal y – Contributions, including
(a) expenditures on other than federal property; and
(b) payments to provinces and municipalities as con cost of undertakings carried out by those bodies
2019-2020
Chapter 2: Appropriation Act No. 4, 2019–20 SCHEDULE 2 (French)
ANNEXE 2 D’après le Budget supplémentaire des dépenses (B) 2019-2020, la postes figurant à la présente annexe.
Sommes accordées par la présente loi à Sa Majesté pour l’exercice en cours et à l’exercice suivant se terminant le 31 mars 2021, et fin No du crédit
Postes AGENCE DES SERVICES FRONTALIERS DU CANADA Canada Border Services Agency
1b
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Loi su publiques, d’affecter, au cours de l’exercice, à la compe gagées au cours de cet exercice, les recettes perçues au proviennent de ce qui suit :
a) les droits — liés aux activités à la frontière — perç d’un service, l’utilisation d’une installation, l’achat d d’un droit ou d’un privilège;
b) les paiements reçus au titre de contrats conclus p AGENCE DU REVENU DU CANADA Canada Revenue Agency 1b
– Dépenses de fonctionnement – Contributions
– Autorisation d’effectuer des dépenses recouvrables liée gime de pensions du Canada et de la Loi sur l’assuranc AGENCE PARCS CANADA Parks Canada Agency 1b
– Dépenses du programme – Dépenses en capital
– Subventions inscrites à tout budget des dépenses pour – Contributions, notamment :
a) les dépenses afférentes à des propriétés autres q ment fédéral;
b) les paiements aux provinces et aux municipalités l’égard des engagements assumés par ces dernière
Published under authority of the Speaker of the House of Commons 2019-2020
Disponible sur le site Web de la Chambre des comm
|
First Session, Forty-third Parliament, 68-69 Elizabeth II, 2019-2020
STATUTES OF CANADA 2020
CHAPTER 3
An Act for granting to Her Majesty certain sums of money for the federal public administration for the fiscal year ending March 31, 2021
ASSENTED TO MARCH 13, 2020 BILL C-11
SUMMARY This enactment grants the sum of $43,908,982,917 towards defraying charges and expenses of the federal public administration for the fiscal year ending March 31, 2021 that are not otherwise provided for.
i
68-69 ELIZABETH II
CHAPTER 3
An Act for granting to Her Majesty certain sums of money for the federal public administration for the fiscal year ending March 31, 2021 [Assented to 13th March, 2020]
MOST GRACIOUS SOVEREIGN, Preamble Whereas it appears by message from Her Excellency the Right Honourable Julie Payette, Governor General and Commander-in-Chief of Canada, and the Estimates accompanying that message, that the sums mentioned below are required to defray certain expenses of the federal public administration, not otherwise provided for, for the fiscal year ending March 31, 2021, and for other purposes connected with the federal public administration; May it therefore please Your Majesty, that it may be enacted, and be it enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, that: Short title 1 This Act may be cited as the Appropriation Act No. 1,
2020–21. $43,908,982,917 granted for 2020–21 2 There may be paid out of the Consolidated Revenue
Fund a sum not exceeding in the whole $43,908,982,917 towards defraying the several charges and expenses of the federal public administration for the fiscal year ending March 31, 2021, not otherwise provided for, being the aggregate of the following amounts: (a) $19,013,152,018, which is three twelfths of the total of the amounts of the items set out in Schedules 1 and 2 of the Main Estimates for the fiscal year ending March 31, 2021, except for those items included in Schedules 1.1 to 1.9;
2019-2020
Chapter 3: Appropriation Act No. 1, 2020–21 Sections 2-5
(b) $5,810,716,563, which is four twelfths of the total of the amounts of the items in those Estimates set out in Schedule 1.1; (c) $3,664,289,068, which is five twelfths of the
amount of the item in those Estimates set out in Schedule 1.2; (d) $2,559,320,147, which is six twelfths of the amount of the item in those Estimates set out in Schedule 1.3; (e) $58,924,299, which is seven twelfths of the total of
the amounts of the items in those Estimates set out in Schedule 1.4; (f) $7,633,307,835, which is eight twelfths of the total
of the amounts of the items in those Estimates set out in Schedule 1.5; (g) $2,481,964,712, which is nine twelfths of the total of the amounts of the items in those Estimates set out in Schedule 1.6; (h) $19,000,880, which is ten twelfths of the total of
the amounts of the items in those Estimates set out in Schedule 1.7; (i) $2,668,307,391, which is eleven twelfths of the total of the amounts of the items in those Estimates set out in Schedule 1.8; and (j) $4, which is twelve twelfths of the total of the amounts of the items in those Estimates set out in Schedule 1.9.
Purpose of each item 3 The amount authorized by this Act to be paid in respect of an item may be paid only for the purposes, and subject to any terms and conditions, specified in the item. Adjustments in accounts of Canada — section 2 4 An appropriation that is granted by this Act or any other Act and referred to in section 2 may be charged after the end of the fiscal year for which the appropriation is granted at any time before the day on which the Public Accounts for that fiscal year are tabled in Parliament, for the purpose of making adjustments in the accounts of Canada for that fiscal year that do not require payments out of the Consolidated Revenue Fund.
Adjustments in accounts of Canada — Schedule 2 5 (1) An appropriation that is granted by this Act or any
other Act and referred to in Schedule 2 may be charged after the end of the fiscal year following the fiscal year for which the appropriation is granted at any time before the
2019-2020
Chapter 3: Appropriation Act No. 1, 2020–21 Section 5
day on which the Public Accounts for that second fiscal year are tabled in Parliament, for the purpose of making adjustments in the accounts of Canada for that second fiscal year that do not require payments out of the Consolidated Revenue Fund. Order of payment (2) Despite any other provision of this Act, amounts appropriated by this Act and set out in Schedule 2 may be paid and applied at any time on or before March 31, 2022, so long as every payment is charged first against the relevant amount appropriated under any Act that is earliest in time until that amount is exhausted, next against the relevant amount appropriated under any other Act, including this Act, that is next in time until that amount is exhausted and so on. The balance of amounts so appropriated by this Act that have not been charged, subject to the adjustments referred to in section 37 of the Financial Administration Act, lapse at the end of the fiscal year following the fiscal year ending March 31, 2021.
2019-2020
Chapter 3: Appropriation Act No. 1, 2020–21 SCHEDULE 1.1
SCHEDULE 1.1
Based on the Main Estimates 2020–21, the amount granted is $5, the items in the Main Estimates that are set out in this schedule.
Sums granted to Her Majesty by this Act for the fiscal year ending Vote No.
Items CANADA COUNCIL FOR THE ARTS Conseil des Arts du Canada
– Payments to the Council to be used for the furtherance section 8 of the Canada Council for the Arts Act DEPARTMENT FOR WOMEN AND GENDER EQUALITY Ministère des Femmes et de l’Égalité des genres
– The grants listed in any of the Estimates for the fiscal ye – Contributions DEPARTMENT OF INDIGENOUS SERVICES Ministère des Services aux Autochtones
– Operating expenditures – Expenditures on works, buildings and equipment
– Authority to make expenditures — recoverable or other formed on property that is not federal property and on spect of that property
– Authority to provide, in respect of Indian and Inuit econ tivities, for the capacity development for Indians and In of materials and equipment – Authority to sell electric power to private consumers in alternative local sources of supply are not available, in and conditions approved by the Governor in Council
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela it incurs in that fiscal year — revenues that it receives in
(a) the provision of services or the sale of products r tion and medical services; and
(b) the provision of internal support services under s
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro r than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under se ment of Canada Act, to ministers of State who preside DEPARTMENT OF INDUSTRY Ministère de l’Industrie 1
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp in that fiscal year — revenues that it receives in that fisc
(a) the provision of internal support services under s and the provision of internal support services to the Property Office;
(b) activities and operations related to communicati Communications Research Centre;
(c) services and insolvency processes under the Ban Act at the Office of the Superintendent of Bankruptc
2019-2020
Chapter 3: Appropriation Act No. 1, 2020–21 SCHEDULE 1.1
Vote No.
Items
(d) activities and operations carried out by Corporat Canada Business Corporations Act, the Boards of Tr Cooperatives Act and the Canada Not-for-profit Corp
(e) services and regulatory processes for mergers an ters, including pre-merger notifications, advance rul written opinions, under the Competition Act at the C
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro r than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under se ment of Canada Act, to ministers of State who preside 10
– The grants listed in any of the Estimates for the fiscal ye – Contributions
DEPARTMENT OF PUBLIC WORKS AND GOVERNMENT S Ministère des Travaux publics et des Services gouverne 1
– Operating expenditures for the provision of accommod central services
– Authority to make recoverable expenditures in relation the Canada Pension Plan, the Employment Insurance A erty Management Act
– Authority to expend revenues that it receives during the from the provision of accommodation, common and ce
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp in that fiscal year — revenues that it receives in that fisc the provision of internal support services under section
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro r than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under se ment of Canada Act, to ministers of State who preside HOUSE OF COMMONS Chambre des communes 1
– Program expenditures, including payments in respect o Members’ constituency offices – Contributions
– Authority to expend revenues that it receives during the from its activities LIBRARY OF PARLIAMENT Bibliothèque du Parlement 1
– Program expenditures
– Authority to expend revenues that it receives in the fisc activities
NATURAL SCIENCES AND ENGINEERING RESEARCH COU Conseil de recherches en sciences naturelles et en géni 5
– The grants listed in any of the Estimates for the fiscal ye PRIVY COUNCIL OFFICE Bureau du Conseil privé
– Program expenditures, including
(a) operating expenditures of Commissions of Inqui vided for;
2019-2020
Chapter 3: Appropriation Act No. 1, 2020–21 SCHEDULE 1.1
Vote No.
Items
(b) contributions in respect of costs incurred by pers Commissions of Inquiry; and (c) the operation of the Prime Minister’s residence
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela it incurs in that fiscal year — revenues that it receives in
(a) the provision of intelligence analysis training; an
(b) the provision of internal support services under s
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro r than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under se ment of Canada Act, to ministers of State who preside PUBLIC SERVICE COMMISSION Commission de la fonction publique 1
– Program expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp in that fiscal year — revenues that it receives in that fisc sion of staffing, assessment and counselling services a provision of internal support services under section 29. ROYAL CANADIAN MOUNTED POLICE Gendarmerie royale du Canada 1
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela it incurs in that fiscal year — revenues that it receives in ing from the provision of internal support services und Act SHARED SERVICES CANADA Services partagés Canada 1
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp in that fiscal year from the provision of information tec the Shared Services Canada Act — revenues that it rece from the provision of those services 5
– Capital expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset cap it incurs in that fiscal year — revenues that it receives in the provision of information technology services under Canada Act
SOCIAL SCIENCES AND HUMANITIES RESEARCH COUNC Conseil de recherches en sciences humaines 5
– The grants listed in any of the Estimates for the fiscal ye TREASURY BOARD SECRETARIAT Secrétariat du Conseil du Trésor
– Program expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp in that fiscal year — revenues that it receives in that fisc
2019-2020
Chapter 3: Appropriation Act No. 1, 2020–21 SCHEDULE 1.1
Vote No.
Items
provision of internal support services under section 29. its other activities
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro r than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under se ment of Canada Act, to ministers of State who preside 20
Public Service Insurance
– Payments, in respect of insurance, pension or benefit pr rangements, or in respect of the administration of such ments, including premiums, contributions, benefits, fee tures made in respect of the federal public administrati and in respect of any other persons that the Treasury B
– Authority to expend any revenues or other amounts tha of insurance, pension or benefit programs or other arra (a) to offset premiums, contributions, benefits, fees in respect of those programs or arrangements; and
(b) to provide for the return to eligible employees of under subsection 96(3) of the Employment Insuranc
2019-2020
Chapter 3: Appropriation Act No. 1, 2020–21 SCHEDULE 1.1 (French)
ANNEXE 1.1
D’après le Budget principal des dépenses 2020–2021, la somme a des montants des postes de ce budget, figurant à la présente anne
Sommes accordées par la présente loi à Sa Majesté pour l’exercice dées.
No du crédit
Postes BIBLIOTHÈQUE DU PARLEMENT Library of Parliament
– Dépenses du programme
– Autorisation de dépenser les recettes perçues au co proviennent de ses activités BUREAU DU CONSEIL PRIVÉ Privy Council Office 1
– Dépenses du programme, y compris :
a) les dépenses de fonctionnement des commis prévues;
b) les contributions relatives aux frais engagés p comparaissant devant des commissions d’enqu
c) le fonctionnement de la résidence du premier
– Autorisation, au titre du paragraphe 29.1(2) de la Lo finances publiques, d’affecter, au cours de l’exercic des dépenses connexes engagées au cours de cet e perçues au cours de celui-ci qui proviennent de ce q
a) la formation en matière d’analyse du renseign
b) la prestation de services de soutien internes e 29.2 de cette loi.
– Versement, à chacun des membres du Conseil privé Canada qui occupe une charge de ministre sans po cupe une charge de ministre d’État sans être à la tê d’État, d’un traitement n’excédant pas celui versé, a les traitements, aux ministres d’État qui sont à la tê d’État, payable annuellement ou au prorata pour to d’un an et arrondi à la centaine de dollars inférieure l’article 67 de la Loi sur le Parlement du Canada CHAMBRE DES COMMUNES House of Commons 1
– Dépenses du programme, notamment les paiement ment des bureaux de circonscription des députés – Contributions
– Autorisation de dépenser les recettes perçues au co proviennent de ses activités COMMISSION DE LA FONCTION PUBLIQUE Public Service Commission 1
– Dépenses du programme
– Autorisation, au titre du paragraphe 29.1(2) de la Lo finances publiques, d’affecter, au cours de l’exercic des dépenses engagées au cours de cet exercice, le cours de celui-ci qui proviennent de la fourniture de de dotation, d’évaluation et de counseling et de la p de soutien internes en vertu de l’article 29.2 de cett
2019-2020
Chapter 3: Appropriation Act No. 1, 2020–21 SCHEDULE 1.1 (French)
No du crédit
Postes
CONSEIL DE RECHERCHES EN SCIENCES HUMAINES Social Sciences and Humanities Research Council 5
– Subventions inscrites à tout budget des dépenses p
CONSEIL DE RECHERCHES EN SCIENCES NATURELLE Natural Sciences and Engineering Research Counci 5
– Subventions inscrites à tout budget des dépenses p CONSEIL DES ARTS DU CANADA Canada Council for the Arts
– Paiements au Conseil devant servir aux fins général 8 de la Loi sur le Conseil des Arts du Canada GENDARMERIE ROYALE DU CANADA Royal Canadian Mounted Police
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Lo finances publiques, d’affecter, au cours de l’exercic des dépenses connexes engagées au cours de cet e perçues au cours de celui-ci qui proviennent notam de services de soutien internes en vertu de l’article MINISTÈRE DE L’INDUSTRIE Department of Industry 1
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Lo finances publiques, d’affecter, au cours de l’exercic des dépenses engagées au cours de cet exercice, le cours de celui-ci qui proviennent de ce qui suit :
a) la prestation de services de soutien internes e 29.2 de cette loi et de services de soutien interne priété intellectuelle du Canada;
b) les activités liées aux recherches sur les comm de recherches sur les communications;
c) les services et la procédure d’insolvabilité, au faillite et l’insolvabilité, au Bureau du surintenda
d) les activités de Corporations Canada au titre d sur les sociétés par actions, de la Loi sur les cha de la Loi canadienne sur les coopératives et de l les organisations à but non lucratif;
e) les services et la procédure réglementaire au rence pour les fusions et toute chose s’y rapport avis préalables à une fusion, les certificats de dé avis consultatifs au titre de la Loi sur la concurre
– Versement, à chacun des membres du Conseil privé Canada qui occupe une charge de ministre sans po cupe une charge de ministre d’État sans être à la tê d’État, d’un traitement n’excédant pas celui versé, a les traitements, aux ministres d’État qui sont à la tê d’État, payable annuellement ou au prorata pour to d’un an et arrondi à la centaine de dollars inférieure l’article 67 de la Loi sur le Parlement du Canada 10
– Subventions inscrites à tout budget des dépenses p – Contributions
2019-2020
Chapter 3: Appropriation Act No. 1, 2020–21 SCHEDULE 1.1 (French)
No du crédit
Postes
MINISTÈRE DES FEMMES ET DE L’ÉGALITÉ DES GENR Department for Women and Gender Equality 5
– Subventions inscrites à tout budget des dépenses p – Contributions MINISTÈRE DES SERVICES AUX AUTOCHTONES Department of Indigenous Services
– Dépenses de fonctionnement
– Dépenses relatives aux ouvrages, bâtiments et mat
– Autorisation d’effectuer des dépenses — recouvrab tives aux travaux effectués sur des propriétés n’app vernement fédéral et aux services fournis à l’égard
– Autorisation d’affecter des fonds dans le cadre d’ac progrès économique des Indiens et des Inuits, relat ment de la capacité des Indiens et des Inuits et à l’a matériaux et en matériel
– Autorisation de vendre de l’électricité, conforméme prouvées par le gouverneur en conseil, aux consom particuliers vivant dans des centres éloignés lorsqu pas accès aux sources alternatives locales d’approv
– Autorisation, au titre du paragraphe 29.1(2) de la Lo finances publiques, d’affecter, au cours de l’exercic des dépenses connexes engagées au cours de cet e perçues au cours de celui-ci qui proviennent de ce q
a) la prestation de services ou la vente de produ protection de la santé et aux services médicaux;
b) la prestation de services de soutien internes e 29.2 de cette loi.
– Versement, à chacun des membres du Conseil privé Canada qui occupe une charge de ministre sans po cupe une charge de ministre d’État sans être à la tê d’État, d’un traitement n’excédant pas celui versé, a les traitements, aux ministres d’État qui sont à la tê d’État, payable annuellement ou au prorata pour to d’un an et arrondi à la centaine de dollars inférieure l’article 67 de la Loi sur le Parlement du Canada
MINISTÈRE DES TRAVAUX PUBLICS ET DES SERVICE GOUVERNEMENTAUX Department of Public Works and Government Serv 1
– Dépenses de fonctionnement pour la prestation de des locaux et de services communs et centraux
– Autorisation d’effectuer des dépenses recouvrables du Régime de pensions du Canada, de la Loi sur l’a de la Loi sur l’administration des biens saisis
– Autorisation de dépenser les recettes perçues au co proviennent de la prestation de services de gestion vices communs et centraux
– Autorisation, au titre du paragraphe 29.1(2) de la Lo finances publiques, d’affecter, au cours de l’exercic des dépenses engagées au cours de cet exercice, le cours de celui-ci qui proviennent notamment de la de soutien internes en vertu de l’article 29.2 de cett
– Versement, à chacun des membres du Conseil privé Canada qui occupe une charge de ministre sans po cupe une charge de ministre d’État sans être à la tê
2019-2020
Chapter 3: Appropriation Act No. 1, 2020–21 SCHEDULE 1.1 (French)
No du crédit
Postes
d’État, d’un traitement n’excédant pas celui versé, a les traitements, aux ministres d’État qui sont à la tê d’État, payable annuellement ou au prorata pour to d’un an et arrondi à la centaine de dollars inférieure l’article 67 de la Loi sur le Parlement du Canada SECRÉTARIAT DU CONSEIL DU TRÉSOR Treasury Board Secretariat 1
– Dépenses du programme
– Autorisation, au titre du paragraphe 29.1(2) de la Lo finances publiques, d’affecter, au cours de l’exercic des dépenses engagées au cours de cet exercice, le cours de celui-ci qui proviennent de la prestation de internes en vertu de l’article 29.2 de cette loi et de s
– Versement, à chacun des membres du Conseil privé Canada qui occupe une charge de ministre sans po cupe une charge de ministre d’État sans être à la tê d’État, d’un traitement n’excédant pas celui versé, a les traitements, aux ministres d’État qui sont à la tê d’État, payable annuellement ou au prorata pour to d’un an et arrondi à la centaine de dollars inférieure l’article 67 de la Loi sur le Parlement du Canada 20
Assurances de la fonction publique
– À l’égard de tout ou partie de la fonction publique e personnes déterminées par le Conseil du Trésor, pa dans le cadre des programmes d’assurance, de pen ciaux ou d’autres ententes — ou de l’administration ou ententes —, notamment au titre des primes, con sociaux, frais et autres dépenses
– Autorisation d’affecter tous revenus ou toutes autre dans le cadre des programmes d’assurance, de pen ciaux ou d’autres ententes :
a) pour compenser notamment les primes, cont sociaux, frais et autres dépenses liés à ces progr tentes;
b) pour rembourser les employés admissibles, e ragraphe 96(3) de la Loi sur l’assurance-emploi, primes retenues. SERVICES PARTAGÉS CANADA Shared Services Canada 1
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Lo finances publiques, d’affecter, au cours de l’exercic des dépenses engagées au cours de cet exercice po services de technologie de l’information au titre de partagés Canada, les recettes perçues au cours de c viennent de la prestation de ces services 5
– Dépenses en capital
– Autorisation, au titre du paragraphe 29.1(2) de la Lo finances publiques, d’affecter, au cours de l’exercic des dépenses en capital engagées au cours de cet e perçues au cours de celui-ci qui proviennent de la p de technologie de l’information au titre de la Loi su Canada
2019-2020
Chapter 3: Appropriation Act No. 1, 2020–21 SCHEDULE 1.2
SCHEDULE 1.2
Based on the Main Estimates 2020–21, the amount granted is $3 the items in the Main Estimates that are set out in this schedule.
Sums granted to Her Majesty by this Act for the fiscal year ending Vote No.
Items
CANADIAN AIR TRANSPORT SECURITY AUTHORITY Administration canadienne de la sûreté du transport aé 1
– Payments to the Authority for operating and capital exp CANADIAN BROADCASTING CORPORATION Société Radio-Canada
– Payments to the Corporation for operating expenditures
CANADIAN HIGH ARCTIC RESEARCH STATION Station canadienne de recherche dans l’Extrême-Arctiq 1
– Program expenditures
– The grants listed in any of the Estimates for the fiscal ye – Contributions CANADIAN SPACE AGENCY Agence spatiale canadienne 10
– The grants listed in any of the Estimates for the fiscal ye – Contributions DEPARTMENT OF CITIZENSHIP AND IMMIGRATION Ministère de la Citoyenneté et de l’Immigration
– The grants listed in any of the Estimates for the fiscal ye
– Contributions, including the provision of goods and ser DEPARTMENT OF VETERANS AFFAIRS Ministère des Anciens Combattants 5
– The grants listed in any of the Estimates for the fiscal ye amount listed for any grant may be increased or decrea proval of the Treasury Board – Contributions OFFICE OF THE PARLIAMENTARY BUDGET OFFICER Bureau du directeur parlementaire du budget
– Program expenditures PUBLIC HEALTH AGENCY OF CANADA Agence de la santé publique du Canada
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp in that fiscal year — revenues that it receives in that fisc of products, the provision of inspection services and th support services under section 29.2 of that Act STATISTICS CANADA Statistique Canada 1
– Program expenditures
– The grants listed in any of the Estimates for the fiscal ye
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela it incurs in that fiscal year — revenues that it receives in
2019-2020
Chapter 3: Appropriation Act No. 1, 2020–21 SCHEDULE 1.2
Vote No.
Items
including from the provision of internal support service that Act VIA RAIL CANADA INC. VIA Rail Canada Inc. 1
– Payments to the corporation in respect of the costs of it – Payments to the corporation for capital expenditures
– Payments to the corporation for the provision of rail pas Canada in accordance with contracts entered into pursu (c)(i) of Transport Vote 52d, Appropriation Act No. 1, 19
2019-2020
Chapter 3: Appropriation Act No. 1, 2020–21 SCHEDULE 1.2 (French)
ANNEXE 1.2
D’après le Budget principal des dépenses 2020–2021, la somme ac montants des postes de ce budget, figurant à la présente annexe.
Sommes accordées par la présente loi à Sa Majesté pour l’exercice dées. No du crédit
Postes
ADMINISTRATION CANADIENNE DE LA SÛRETÉ DU TRAN Canadian Air Transport Security Authority 1
– Paiements à l’Administration pour les dépenses de fonc penses en capital AGENCE DE LA SANTÉ PUBLIQUE DU CANADA Public Health Agency of Canada
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Loi sur nances publiques, d’affecter, au cours de l’exercice, à la dépenses engagées au cours de cet exercice, les recette de celui-ci qui proviennent de la vente de produits, de l vices d’inspection et de la prestation de services de sou de l’article 29.2 de cette loi AGENCE SPATIALE CANADIENNE Canadian Space Agency 10
– Subventions inscrites à tout budget des dépenses pour – Contributions BUREAU DU DIRECTEUR PARLEMENTAIRE DU BUDGET Office of the Parliamentary Budget Officer
– Dépenses du programme MINISTÈRE DE LA CITOYENNETÉ ET DE L’IMMIGRATION Department of Citizenship and Immigration
– Subventions inscrites à tout budget des dépenses pour
– Contributions, y compris la fourniture de biens et de ser MINISTÈRE DES ANCIENS COMBATTANTS Department of Veterans Affairs 5
– Subventions inscrites à tout budget des dépenses pour inscrit à chacune des subventions pouvant être modifié probation du Conseil du Trésor – Contributions SOCIÉTÉ RADIO-CANADA Canadian Broadcasting Corporation
– Paiements à la Société pour les dépenses de fonctionne
STATION CANADIENNE DE RECHERCHE DANS L’EXTRÊM Canadian High Arctic Research Station 1
– Dépenses du programme – Subventions inscrites à tout budget des dépenses pour – Contributions STATISTIQUE CANADA Statistics Canada
– Dépenses du programme – Subventions inscrites à tout budget des dépenses pour
2019-2020
Chapter 3: Appropriation Act No. 1, 2020–21 SCHEDULE 1.2 (French)
No du crédit
Postes
– Autorisation, au titre du paragraphe 29.1(2) de la Loi sur nances publiques, d’affecter, au cours de l’exercice, à la dépenses connexes engagées au cours de cet exercice, au cours de celui-ci qui proviennent notamment de la p de soutien internes en vertu de l’article 29.2 de cette loi VIA RAIL CANADA INC. VIA Rail Canada Inc. 1
– Paiements à la société pour les dépenses liées à sa gest – Paiements à la société pour les dépenses en capital
– Paiements à la société en vue de la prestation d’un serv Canada, conformément aux contrats conclus en vertu d crédit 52d (Transports) de la Loi no 1 de 1977 portant af
2019-2020
Chapter 3: Appropriation Act No. 1, 2020–21 SCHEDULE 1.3
SCHEDULE 1.3
Based on the Main Estimates 2020–21, the amount granted is $2 the items in the Main Estimates that are set out in this schedule.
Sums granted to Her Majesty by this Act for the fiscal year ending Vote No.
Items
ADMINISTRATIVE TRIBUNALS SUPPORT SERVICE OF CAN Service canadien d’appui aux tribunaux administratifs 1
– Program expenditures
– Authority to make recoverable expenditures in relation the Canada Pension Plan and the Employment Insuranc
DEPARTMENT OF EMPLOYMENT AND SOCIAL DEVELOPM Ministère de l’Emploi et du Développement social 5
– The grants listed in any of the Estimates for the fiscal ye – Contributions DEPARTMENT OF HEALTH Ministère de la Santé
– The grants listed in any of the Estimates for the fiscal ye
– Contributions, in the form of monetary payments or the services DEPARTMENT OF TRANSPORT Ministère des Transports 15
Grants and contributions – Green and Innovative Transpor
– The grants listed in any of the Estimates for the fiscal ye – Contributions OFFICE OF INFRASTRUCTURE OF CANADA Bureau de l’infrastructure du Canada 1
– Operating expenditures
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro r than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under se ment of Canada Act, to ministers of State who preside
ROYAL CANADIAN MOUNTED POLICE EXTERNAL REVIEW Comité externe d’examen de la Gendarmerie royale du 1
2019-2020
– Program expenditures
Chapter 3: Appropriation Act No. 1, 2020–21 SCHEDULE 1.3 (French)
ANNEXE 1.3
D’après le Budget principal des dépenses 2020–2021, la somme a montants des postes de ce budget, figurant à la présente annexe.
Sommes accordées par la présente loi à Sa Majesté pour l’exercice dées. No du crédit
Postes BUREAU DE L’INFRASTRUCTURE DU CANADA Office of Infrastructure of Canada
– Dépenses de fonctionnement
– Versement, à chacun des membres du Conseil privé de Canada qui occupe une charge de ministre sans portefe une charge de ministre d’État sans être à la tête d’un dé d’un traitement n’excédant pas celui versé, au titre de la ments, aux ministres d’État qui sont à la tête d’un dépa payable annuellement ou au prorata pour toute période arrondi à la centaine de dollars inférieure en application Loi sur le Parlement du Canada
COMITÉ EXTERNE D’EXAMEN DE LA GENDARMERIE ROY Royal Canadian Mounted Police External Review Comm 1
– Dépenses du programme MINISTÈRE DE LA SANTÉ Department of Health
– Subventions inscrites à tout budget des dépenses pour
– Contributions, sous forme de paiements en argent ou d ou de services
MINISTÈRE DE L’EMPLOI ET DU DÉVELOPPEMENT SOCIA Department of Employment and Social Development 5
– Subventions inscrites à tout budget des dépenses pour – Contributions MINISTÈRE DES TRANSPORTS Department of Transport
Subventions et contributions — Réseau de transport écolo – Subventions inscrites à tout budget des dépenses pour – Contributions
SERVICE CANADIEN D’APPUI AUX TRIBUNAUX ADMINIS Administrative Tribunals Support Service of Canada 1
– Dépenses du programme
– Autorisation d’effectuer des dépenses recouvrables liée Régime de pensions du Canada et de la Loi sur l’assura
2019-2020
Chapter 3: Appropriation Act No. 1, 2020–21 SCHEDULE 1.4
SCHEDULE 1.4
Based on the Main Estimates 2020–21, the amount granted is $5 the items in the Main Estimates that are set out in this schedule.
Sums granted to Her Majesty by this Act for the fiscal year ending Vote No.
Items
CANADIAN CENTRE FOR OCCUPATIONAL HEALTH AND S Centre canadien d’hygiène et de sécurité au travail 1
– Program expenditures CANADIAN NUCLEAR SAFETY COMMISSION Commission canadienne de sûreté nucléaire
– Program expenditures
– The grants listed in any of the Estimates for the fiscal ye – Contributions MARINE ATLANTIC INC. Marine Atlantique S.C.C. 1
– Payments to the corporation in respect of the costs of it – Payments to the corporation for capital expenditures
– Payments to the corporation for transportation services transportation services between Nova Scotia and Newf Labrador and related vessels, terminals and infrastructu
2019-2020
Chapter 3: Appropriation Act No. 1, 2020–21 SCHEDULE 1.4 (French)
ANNEXE 1.4
D’après le Budget principal des dépenses 2020–2021, la somme a montants des postes de ce budget, figurant à la présente annexe.
Sommes accordées par la présente loi à Sa Majesté pour l’exercice dées. No du crédit
Postes
CENTRE CANADIEN D’HYGIÈNE ET DE SÉCURITÉ AU TRA Canadian Centre for Occupational Health and Safety 1
– Dépenses du programme COMMISSION CANADIENNE DE SÛRETÉ NUCLÉAIRE Canadian Nuclear Safety Commission
– Dépenses du programme – Subventions inscrites à tout budget des dépenses pour – Contributions MARINE ATLANTIQUE S.C.C. Marine Atlantic Inc.
– Paiements à la société pour les dépenses liées à sa gest – Paiements à la société pour les dépenses en capital
– Paiements à la société pour les services de transport, y de transport maritime entre la Nouvelle-Écosse et Terre et les navires, terminaux et infrastructures connexes
2019-2020
Chapter 3: Appropriation Act No. 1, 2020–21 SCHEDULE 1.5
SCHEDULE 1.5
Based on the Main Estimates 2020–21, the amount granted is $7, the items in the Main Estimates that are set out in this schedule.
Sums granted to Her Majesty by this Act for the fiscal year ending Vote No.
Items DEPARTMENT OF INDIGENOUS SERVICES Ministère des Services aux Autochtones
– The grants listed in any of the Estimates for the fiscal ye
– Contributions, in the form of monetary payments or the services DEPARTMENT OF JUSTICE Ministère de la Justice 1
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp in that fiscal year — revenues that it receives in that fisc
(a) the provision of mandatory legal services to fede agencies;
(b) the provision to Crown corporations, non-federa ternational organizations of optional legal services t the Department’s mandate; and
(c) the provision of internal support services under s
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro r than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under se ment of Canada Act, to ministers of State who preside PUBLIC HEALTH AGENCY OF CANADA Agence de la santé publique du Canada 10
– The grants listed in any of the Estimates for the fiscal ye – Contributions ROYAL CANADIAN MOUNTED POLICE Gendarmerie royale du Canada
– The grants listed in any of the Estimates for the fiscal ye amount listed for any grant may be increased or decrea proval of the Treasury Board – Contributions
2019-2020
Chapter 3: Appropriation Act No. 1, 2020–21 SCHEDULE 1.5 (French)
ANNEXE 1.5
D’après le Budget principal des dépenses 2020–2021, la somme ac montants des postes de ce budget, figurant à la présente annexe.
Sommes accordées par la présente loi à Sa Majesté pour l’exercice dées. No du crédit
Postes AGENCE DE LA SANTÉ PUBLIQUE DU CANADA Public Health Agency of Canada
– Subventions inscrites à tout budget des dépenses pour – Contributions GENDARMERIE ROYALE DU CANADA Royal Canadian Mounted Police
– Subventions inscrites à tout budget des dépenses pour prévu pour chaque subvention pouvant être modifié so bation du Conseil du Trésor – Contributions MINISTÈRE DE LA JUSTICE Department of Justice
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Loi sur nances publiques, d’affecter, au cours de l’exercice, à la dépenses engagées au cours de cet exercice, les recette de celui-ci qui proviennent de ce qui suit :
a) les services juridiques fournis de manière obligato organismes fédéraux;
b) les services juridiques — conformes au mandat d de manière facultative à des sociétés d’État et à des dérales ou internationales;
c) les services de soutien internes fournis en vertu d cette loi.
– Versement, à chacun des membres du Conseil privé de Canada qui occupe une charge de ministre sans portefe une charge de ministre d’État sans être à la tête d’un dé d’un traitement n’excédant pas celui versé, au titre de la ments, aux ministres d’État qui sont à la tête d’un dépa payable annuellement ou au prorata pour toute période arrondi à la centaine de dollars inférieure en application Loi sur le Parlement du Canada MINISTÈRE DES SERVICES AUX AUTOCHTONES Department of Indigenous Services 10
– Subventions inscrites à tout budget des dépenses pour
– Contributions, sous forme de paiements en argent ou d ou de services
2019-2020
Chapter 3: Appropriation Act No. 1, 2020–21 SCHEDULE 1.6
SCHEDULE 1.6
Based on the Main Estimates 2020–21, the amount granted is $2, the items in the Main Estimates that are set out in this schedule.
Sums granted to Her Majesty by this Act for the fiscal year ending Vote No.
Items
DEPARTMENT OF CROWN-INDIGENOUS RELATIONS AND Ministère des Relations Couronne-Autochtones et des A 5
– Capital expenditures – Expenditures on buildings, works, land and equipment and ownership of which
(a) may be transferred to provincial governments on approved by the Governor in Council; or
(b) may be transferred to Indian bands, groups of In dians at the discretion of the Minister of Crown-Indi – Expenditures on buildings, works, land and equipment federal property
– Authority to make recoverable expenditures on roads a amounts not exceeding the shares of provincial govern 10
– The grants listed in any of the Estimates for the fiscal ye – Contributions
2019-2020
Chapter 3: Appropriation Act No. 1, 2020–21 SCHEDULE 1.6 (French)
ANNEXE 1.6
D’après le Budget principal des dépenses 2020–2021, la somme des montants des postes de ce budget, figurant à la présente anne
Sommes accordées par la présente loi à Sa Majesté pour l’exercice dées. No du crédit
Postes
MINISTÈRE DES RELATIONS COURONNE-AUTOCHTONES DU NORD Department of Crown-Indigenous Relations and Northe 5
– Dépenses en capital
– Dépenses relatives aux bâtiments, ouvrages, terrains et tion, le contrôle et la propriété peuvent être transférés :
a) soit aux gouvernements provinciaux, selon les co par le gouverneur en conseil;
b) soit à des bandes indiennes ou à des Indiens, à tit lier, à la discrétion du ministre des Relations Couron
– Dépenses relatives aux bâtiments, ouvrages, terrains et l’égard de propriétés n’appartenant pas au gouverneme
– Autorisation d’effectuer des dépenses recouvrables pou dépassant pas la part des frais assumés par les gouvern pour des routes et ouvrages connexes 10
– Subventions inscrites à tout budget des dépenses pour – Contributions
2019-2020
Chapter 3: Appropriation Act No. 1, 2020–21 SCHEDULE 1.7
SCHEDULE 1.7
Based on the Main Estimates 2020–21, the amount granted is $19 items in the Main Estimates that are set out in this schedule.
Sums granted to Her Majesty by this Act for the fiscal year ending Vote No.
Items
NATIONAL SECURITY AND INTELLIGENCE REVIEW AGEN Secrétariat de l’Office de surveillance des activités en m nationale et de renseignement 1
2019-2020
– Program expenditures
Chapter 3: Appropriation Act No. 1, 2020–21 SCHEDULE 1.7 (French)
ANNEXE 1.7 D’après le Budget principal des dépenses 2020–2021, la somme montants des postes de ce budget, figurant à la présente annexe.
Sommes accordées par la présente loi à Sa Majesté pour l’exercice dées. No du crédit
Postes
SECRÉTARIAT DE L’OFFICE DE SURVEILLANCE DES ACTIV DE SÉCURITÉ NATIONALE ET DE RENSEIGNEMENT National Security and Intelligence Review Agency Secre 1
2019-2020
– Dépenses du programme
Chapter 3: Appropriation Act No. 1, 2020–21 SCHEDULE 1.8
SCHEDULE 1.8
Based on the Main Estimates 2020–21, the amount granted is $2 of the items in the Main Estimates that are set out in this schedule
Sums granted to Her Majesty by this Act for the fiscal year ending Vote No.
Items
DEPARTMENT OF CROWN-INDIGENOUS RELATIONS AND Ministère des Relations Couronne-Autochtones et des A 1
– Operating expenditures – Expenditures on works, buildings and equipment
– Authority to make expenditures — recoverable or other formed on property that is not federal property and on spect of that property
– Authority to provide, in respect of Indian and Inuit econ tivities, for the capacity development for Indians and In of materials and equipment – Authority to sell electric power to private consumers in alternative local sources of supply are not available, in and conditions approved by the Governor in Council
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela it incurs in that fiscal year — revenues that it receives in the provision of internal support services under section
– The payment to each member of the Queen’s Privy Cou a minister without portfolio, or a minister of State who a ministry of State, of a salary — paid annually or pro r than a year — that does not exceed the salary paid und rounded down to the nearest hundred dollars under se ment of Canada Act, to ministers of State who preside OFFICE OF INFRASTRUCTURE OF CANADA Bureau de l’infrastructure du Canada 5
– Capital expenditures TREASURY BOARD SECRETARIAT Secrétariat du Conseil du Trésor
Government Contingencies
– Authority granted to the Treasury Board to supplement tion
– Authority granted to the Treasury Board to provide for m or unforeseen expenditures not otherwise provided for vision of new grants and contributions or for increases grants listed in any of the Estimates for the fiscal year – penditures are within the legal mandate of the departm tions for which they are made – Authority to reuse any sums allotted and repaid to this er appropriations 35
Capital Budget Carry Forward
– Authority granted to the Treasury Board to supplement tion for the fiscal year by reason of the capital budget c previous fiscal year
2019-2020
Chapter 3: Appropriation Act No. 1, 2020–21 SCHEDULE 1.8 (French)
ANNEXE 1.8
D’après le Budget principal des dépenses 2020–2021, la somme des montants des postes de ce budget, figurant à la présente anne
Sommes accordées par la présente loi à Sa Majesté pour l’exercice dées.
No du crédit
Postes BUREAU DE L’INFRASTRUCTURE DU CANADA Office of Infrastructure of Canada
– Dépenses en capital
MINISTÈRE DES RELATIONS COURONNE-AUTOCHTONES NORD Department of Crown-Indigenous Relations and Northe 1
– Dépenses de fonctionnement
– Dépenses relatives aux ouvrages, bâtiments et matériel
– Autorisation d’effectuer des dépenses — recouvrables o travaux effectués sur des propriétés n’appartenant pas et aux services fournis à l’égard de celles-ci
– Autorisation d’affecter des fonds dans le cadre d’activité économique des Indiens et des Inuits, relatives au déve des Indiens et des Inuits et à l’approvisionnement en m
– Autorisation de vendre de l’électricité, conformément au par le gouverneur en conseil, aux consommateurs qui s vant dans des centres éloignés lorsque ces derniers n’o alternatives locales d’approvisionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Loi sur publiques, d’affecter, au cours de l’exercice, à la compe connexes engagées au cours de cet exercice, les recette celui-ci qui proviennent de la prestation de services de de l’article 29.2 de cette loi
– Versement, à chacun des membres du Conseil privé de qui occupe une charge de ministre sans portefeuille ou de ministre d’État sans être à la tête d’un département d n’excédant pas celui versé, au titre de la Loi sur les trait d’État qui sont à la tête d’un département d’État, payab prorata pour toute période de moins d’un an et arrondi inférieure en application de l’article 67 de la Loi sur le P SECRÉTARIAT DU CONSEIL DU TRÉSOR Treasury Board Secretariat 5
Dépenses éventuelles du gouvernement – Autorisation donnée au Conseil du Trésor d’augmenter
– Autorisation donnée au Conseil du Trésor de payer pou gentes ou imprévues — auxquelles il n’est pas pourvu p ment pour lʼoctroi de nouvelles subventions ou contribu du montant de toute subvention prévue dans un budge l’exercice, dans la mesure où ces dépenses sont confor tère ou de l’organisme pour lequel celles-ci sont effectu
– Autorisation de réemployer les sommes affectées à des crédits et versées au présent crédit 35
Report du budget des dépenses en capital
– Autorisation donnée au Conseil du Trésor d’augmenter l’exercice en raison du report de tout budget des dépen cice précédent
2019-2020
Chapter 3: Appropriation Act No. 1, 2020–21 SCHEDULE 1.9
SCHEDULE 1.9
Based on the Main Estimates 2020–21, the amount granted is $4, in the Main Estimates that are set out in this schedule.
Sums granted to Her Majesty by this Act for the fiscal year ending Vote No.
Items DEPARTMENT OF FINANCE Ministère des Finances
– Pursuant to subsection 8(2) of the Bretton Woods and R Act, the amount of financial assistance provided by the way of direct payments to the International Developme exceed $423,240,000 in the fiscal year 2020–21
DEPARTMENT OF FOREIGN AFFAIRS, TRADE AND DEVEL Ministère des Affaires étrangères, du Commerce et du 20
– Pursuant to subsection 12(2) of the International Develo tutions) Assistance Act, the amount of financial assistan Minister of Foreign Affairs, in consultation with the Min way of direct payments for the purpose of contribution financial institutions may not exceed $250,684,323 in th
L25
– Pursuant to subsection 12(2) of the International Develo tutions) Assistance Act, the amount of financial assistan Minister of Foreign Affairs, in consultation with the Min way of the purchase of shares of international financial exceed $7,337,000 in United States dollars in the fiscal estimated in Canadian dollars at $10,640,000 LEADERS’ DEBATES COMMISSION Commission des débats des chefs
2019-2020
– Program expenditures
Chapter 3: Appropriation Act No. 1, 2020–21 SCHEDULE 1.9 (French)
ANNEXE 1.9 D’après le Budget principal des dépenses 2020–2021, la somme tants des postes de ce budget, figurant à la présente annexe.
Sommes accordées par la présente loi à Sa Majesté pour l’exercice dées. No du crédit
Postes COMMISSION DES DÉBATS DES CHEFS Leaders’ Debates Commission
– Dépenses du programme
MINISTÈRE DES AFFAIRES ÉTRANGÈRES, DU COMMERCE DÉVELOPPEMENT Department of Foreign Affairs, Trade and Development 20
– Aide financière fournie par le ministre des Affaires étran tion avec le ministre des Finances, à titre de contributio financières internationales pour l’exercice 2020-2021, q paragraphe 12(2) de la Loi d’aide au développement int tions financières), ne dépasse pas 250 684 323 $
L25
– Achat d’actions d’institutions financières internationales 2020-2021 pour une somme d’au plus 7 337 000 $ US — 10 640 000 $ CAN —, effectué en conformité avec le par Loi d’aide au développement international (institutions à l’aide financière fournie par le ministre des Affaires ét tation avec le ministre des Finances MINISTÈRE DES FINANCES Department of Finances
2019-2020
– Aide financière fournie par le ministre des Finances à l’A nale de développement, en vertu du paragraphe 8(2) de cords de Bretton Woods et des accords connexes, sous directs n’excédant pas, au total, 423 240 000 $ pour l’exe
Chapter 3: Appropriation Act No. 1, 2020–21 SCHEDULE 2
SCHEDULE 2
Based on the Main Estimates 2020–21, the amount granted is $1, the items in the Main Estimates that are set out in this schedule.
Sums granted to Her Majesty by this Act for the fiscal year endin following fiscal year ending March 31, 2022 and the purposes for w Vote No.
Items CANADA BORDER SERVICES AGENCY Agence des services frontaliers du Canada
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the Fi tration Act, to expend in the fiscal year — in order to off that it incurs in that fiscal year — revenues that it receiv year from
(a) fees, related to border operations, for the provisio the use of a facility or for a product, right or privilege
(b) payments received under contracts entered into b 5
– Capital expenditures CANADA REVENUE AGENCY Agence du revenu du Canada
– Operating expenditures – Contributions
– Authority to make recoverable expenditures in relation t of the Canada Pension Plan and the Employment Insura 5
– Capital expenditures
– Authority to make recoverable expenditures in relation t of the Canada Pension Plan and the Employment Insura PARKS CANADA AGENCY Agence Parcs Canada 1
– Program expenditures – Capital expenditures
– The grants listed in any of the Estimates for the fiscal ye – Contributions, including (a) expenditures on other than federal property; and
(b) payments to provinces and municipalities as cont wards the cost of undertakings carried out by those b 5
2019-2020
– Amounts credited to the New Parks and Historic Sites Ac purposes specified in subsection 21(3) of the Parks Cana
Chapter 3: Appropriation Act No. 1, 2020–21 SCHEDULE 2 (French)
ANNEXE 2
D’après le Budget principal des dépenses 2020–2021, la somme des montants des postes de ce budget, figurant à la présente anne
Sommes accordées par la présente loi à Sa Majesté pour l’exercice en cours et à l’exercice suivant se terminant le 31 mars 2022, et fin No du crédit
Postes AGENCE DES SERVICES FRONTALIERS DU CANADA Canada Border Services Agency
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Loi sur nances publiques, d’affecter, au cours de l’exercice, à la dépenses engagées au cours de cet exercice, les recette de celui-ci qui proviennent de ce qui suit :
a) les droits — liés aux activités à la frontière — perç d’un service, l’utilisation d’une installation, l’achat d cice d’un droit ou d’un privilège;
b) les paiements reçus au titre de contrats conclus p 5
– Dépenses en capital AGENCE DU REVENU DU CANADA Canada Revenue Agency
– Dépenses de fonctionnement – Contributions
– Autorisation d’effectuer des dépenses recouvrables liée Régime de pensions du Canada et de la Loi sur l’assura 5
– Dépenses en capital
– Autorisation d’effectuer des dépenses recouvrables liée Régime de pensions du Canada et de la Loi sur l’assura AGENCE PARCS CANADA Parks Canada Agency 1
– Dépenses du programme – Dépenses en capital – Subventions inscrites à tout budget des dépenses pour – Contributions, notamment :
a) les dépenses afférentes à des propriétés autres qu nement fédéral;
b) les paiements aux provinces et aux municipalités tions à l’égard des engagements assumés par ces de 5
– Sommes créditées au Compte des nouveaux parcs et lie les fins visées au paragraphe 21(3) de la Loi sur l’Agenc
Published under authority of the Speaker of the House of Commons 2019-2020
Disponible sur le site Web de la Chambre des comm
|
First Session, Forty-third Parliament, 68-69 Elizabeth II, 2019-2020
STATUTES OF CANADA 2020
CHAPTER 1
An Act to implement the Agreement between Canada, the United States of America and the United Mexican States
ASSENTED TO MARCH 13, 2020 BILL C-4
RECOMMENDATION Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act to implement the Agreement between Canada, the United States of America and the United Mexican States”.
SUMMARY This enactment implements the Agreement between Canada, the United States of America and the United Mexican States, done at Buenos Aires on November 30, 2018, as amended by the Protocol of Amendment to that Agreement, done at Mexico City on December 10, 2019. The general provisions of the enactment set out rules of interpretation and specify that no recourse is to be taken on the basis of sections 9 to 20 or any order made under those sections, or on the basis of the provisions of the Agreement, without the consent of the Attorney General of Canada. Part 1 approves the Agreement, provides for the payment by Canada of its share of the expenditures associated with the operation of the institutional and administrative aspects of the Agreement and gives the Governor in Council the power to make orders in accordance with the Agreement. Part 2 amends certain Acts to bring them into conformity with Canada’s obligations under the Agreement. Part 3 contains the coming into force provisions.
i
TABLE OF PROVISIONS An Act to implement the Agreement between Canada, the United States of America and the United Mexican States
Short Title 1
Canada–United States–Mexico Agreement Implementation Act
Interpretation 2
Definitions
Interpretation consistent with Agreement
Non-application of Act and Agreement to water
Construction
Her Majesty 6
Binding on Her Majesty
Purpose 7
Purpose
Causes of Action 8
Causes of action under sections 9 to 20
PART 1
Implementation of Agreement Approval, Designation of Minister and Representation on Commission 9
Approval
Order designating Minister
Canadian representative on Commission
Secretariat 12
Continuation of Secretariat
Continuation of Canadian Section of Secretariat
Secretary
Staff
Panels and Committees 16
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Powers of Minister
ii
Chapter 1: Canada–United States–Mexico Agreement Implementation Act TABLE OF PROVISIONS
Labour Council 17
Powers of Minister of Labour
Expenses 18
Payment of expenditures
Orders 19
Article 31.19 of Agreement
Article 31-B.10 of Annex 31-B of Agreement
PART 2
Related Amendments 21
Canada Deposit Insurance Corporation Act
Competition Act
Copyright Act
Criminal Code
Excise Tax Act
Export and Import Permits Act
Fertilizers Act
Financial Administration Act
Food and Drugs Act
Canada Grain Act
Importation of Intoxicating Liquors Act
Special Import Measures Act
Trade-marks Act
Investment Canada Act
Customs Act
Commercial Arbitration Act
Canadian International Trade Tribunal Act
Broadcasting Act
Trust and Loan Companies Act
Bank Act
Insurance Companies Act
Customs Tariff
Pest Control Products Act
Canadian Energy Regulator Act
PART 3
Coming into Force 213
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Order in council
iv
Chapter 1: Canada–United States–Mexico Agreement Implementation Act TABLE OF PROVISIONS
SCHEDULE 1 SCHEDULE 2 SCHEDULE 3 SCHEDULE 4 SCHEDULE 5
2019-2020
v
68-69 ELIZABETH II
CHAPTER 1
An Act to implement the Agreement between Canada, the United States of America and the United Mexican States [Assented to 13th March, 2020] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Short Title Short title 1 This Act may be cited as the Canada–United States–
Mexico Agreement Implementation Act.
Interpretation Definitions 2 The following definitions apply in this section and sections 3 to 20. Agreement means the Agreement between Canada, the United States of America and the United Mexican States, done at Buenos Aires on November 30, 2018, as amended by the Protocol of Amendment to the Agreement between Canada, the United States of America and the United Mexican States, done at Mexico City on December 10, 2019. (Accord) Commission means the Free Trade Commission established under the Agreement and whose powers, functions and duties are set out in Chapter 30 of the Agreement. (Commission) federal law means the whole or any portion of an Act of Parliament or a regulation, order or other instrument issued, made or established in the exercise of a power conferred by or under an Act of Parliament. (texte législatif fédéral) Minister for the purposes of any provision of this Act, means the member of the Queen’s Privy Council for
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Chapter 1: Canada–United States–Mexico Agreement Implementation Act Interpretation Sections 2-7
Canada designated as the Minister for the purposes of that provision under section 10. (ministre) North American Free Trade Agreement means the North American Free Trade Agreement between Canada, the United States of America and the United Mexican States, done at Mexico City, Ottawa and Washington, on December 17, 1992. (Accord de libre-échange nordaméricain) Interpretation consistent with Agreement 3 For greater certainty, this Act and any federal law that
implements a provision of the Agreement or fulfils an obligation of the Government of Canada under the Agreement is to be interpreted in a manner consistent with the Agreement.
Non-application of Act and Agreement to water 4 For greater certainty, nothing in this Act or the Agreement applies to natural surface or ground water in liquid, gaseous or solid state. Construction 5 For greater certainty, nothing in this Act, by specific
mention or omission, is to be construed to affect in any manner the right of Parliament to enact legislation to implement any provision of the Agreement or fulfil any of the obligations of the Government of Canada under the Agreement.
Her Majesty Binding on Her Majesty 6 This Act is binding on Her Majesty in right of Canada.
Purpose Purpose 7 The principal purpose of this Act is to implement the Agreement, the objectives of which, as elaborated more specifically through its provisions, are to (a) replace the North American Free Trade Agreement; (b) establish a free trade area in accordance with the Agreement;
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Chapter 1: Canada–United States–Mexico Agreement Implementation Act Purpose Section 7
(c) further support mutually beneficial trade between
the parties to the Agreement as well as their economic growth; (d) preserve and expand regional trade and production by further incentivizing the production and sourcing of goods and materials in the territories of the parties to the Agreement; (e) establish a clear, transparent, and predictable legal
and commercial framework for business planning that supports further expansion of trade and investment, including in the online environment and in creative and innovative sectors; (f) promote efficient and transparent customs procedures that reduce costs and ensure predictability for importers and exporters; (g) recognize the right of the parties to the Agreement
to regulate, in accordance with the rights and obligations provided for in the Agreement, in order to protect legitimate public welfare objectives; (h) recognize the right of the parties to the Agreement
to adopt or maintain measures with respect to cultural industries in accordance with the rights and obligations provided for in the Agreement; (i) facilitate trade in goods and services between
Canada and the other parties to the Agreement by preventing, identifying, and eliminating unnecessary technical barriers to trade, by enhancing transparency, and by promoting good regulatory practices; (j) support the growth and development of small and medium-sized enterprises by enhancing their ability to participate in and benefit from the opportunities created by the Agreement; (k) promote high levels of environmental protection
through, among other means, the effective enforcement of environmental laws, enhanced environmental cooperation and mutually supportive trade and environmental policies and practices; (l) promote the protection and enforcement of labour
rights and the improvement of working conditions; (m) promote transparency, good governance and the rule of law, while eliminating bribery and corruption in trade and investment; (n) recognize the importance of increased engagement by Indigenous peoples in trade and investment; and
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Chapter 1: Canada–United States–Mexico Agreement Implementation Act Purpose Sections 7-10
(o) facilitate women’s and men’s equal access to and
ability to benefit from the opportunities created by the Agreement and support the conditions for women’s full participation in domestic, regional, and international trade and investment.
Causes of Action Causes of action under sections 9 to 20 8 (1) No person has any cause of action and no proceedings of any kind are to be taken, without the consent of the Attorney General of Canada, to enforce or determine any right or obligation that is claimed or arises solely under or by virtue of sections 9 to 20 or an order made under any of those sections. Causes of action under Agreement (2) No person has any cause of action and no proceedings of any kind are to be taken, without the consent of the Attorney General of Canada, to enforce or determine any right or obligation that is claimed or arises solely under or by virtue of the Agreement. Exception (3) Subsection (2) does not apply with respect to causes of action arising out of, and proceedings taken under, Annex 14-C of the Agreement.
PART 1
Implementation of Agreement Approval, Designation of Minister and Representation on Commission Approval 9 The Agreement is approved.
Order designating Minister 10 The Governor in Council may, by order, designate
any member of the Queen’s Privy Council for Canada to be the Minister for the purposes of any provision of this Act.
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Chapter 1: Canada–United States–Mexico Agreement Implementation Act PART 1 Implementation of Agreement Approval, Designation of Minister and Representation on Commission Sections 11-16
Canadian representative on Commission 11 The Minister is the principal representative of Canada on the Commission.
Secretariat Continuation of Secretariat 12 The Secretariat established under paragraph 1 of Article 2002 of the North American Free Trade Agreement is continued as the Secretariat that is to be established under Article 30.6 of the Agreement. Continuation of Canadian Section of Secretariat 13 The Canadian Section of the Secretariat that is referred to in section 14 of the North American Free Trade Agreement Implementation Act is continued within the Department of Foreign Affairs, Trade and Development for the purpose of performing the functions set out in paragraph 3 of Article 30.6 of the Agreement.
Secretary 14 (1) There is to be a Secretary of the Canadian Section
of the Secretariat to be appointed in accordance with the Public Service Employment Act. Duties (2) The Secretary is responsible for fulfilling the Section’s mandate. In doing so, the Secretary is to perform the functions set out in paragraph 3 of Article 30.6 of the Agreement. Staff 15 Officers and employees who are required for the proper conduct of the work of the Canadian Section of the Secretariat are to be appointed in accordance with the Public Service Employment Act.
Panels and Committees Powers of Minister 16 The Minister may (a) appoint a panellist in accordance with paragraphs
2 and 3 of Annex 10-B.1 of the Agreement or Article 31.9 of the Agreement; (b) appoint a committee member in accordance with
paragraph 1 of Annex 10-B.3 of the Agreement; (c) propose the names of individuals for a roster referred to in Annex 10-B.1 or 10-B.3 of the Agreement or Article 31.8 of the Agreement; and
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Chapter 1: Canada–United States–Mexico Agreement Implementation Act PART 1 Implementation of Agreement Panels and Committees Sections 16-19
(d) propose the names of individuals for the lists referred to in Article 31-B.3 of Annex 31-B of the Agreement.
Labour Council Powers of Minister of Labour 17 The Minister of Labour may act as Canada’s senior
governmental representative on the Labour Council referred to in Article 23.14 of the Agreement or may designate that representative.
Expenses Payment of expenditures 18 The Government of Canada is to pay its appropriate
share of the aggregate of (a) any expenditures incurred by or on behalf of the
Commission, (b) the general expenses incurred by the committees,
working groups and other subsidiary bodies established under the Agreement and the remuneration and expenses payable to representatives on the Commission and those committees and to members of those working groups and other subsidiary bodies, (c) the general expenses incurred by the committee referred to in paragraph 1 of Annex 10-B.3 of the Agreement and the remuneration and expenses payable to the members of that committee, and (d) the expenses incurred by panels established under
the Agreement and the remuneration and expenses payable to the panellists on those panels, and to any experts retained by those panels.
Orders Article 31.19 of Agreement 19 (1) The Governor in Council may, for the purpose of
suspending benefits in accordance with Article 31.19 of the Agreement, by order, do any of the following: (a) suspend rights or privileges granted by Canada to
another party to the Agreement or to goods, service suppliers, investors or investments of investors of that party under the Agreement or any federal law; (b) modify or suspend the application of any federal
law, with respect to a party to the Agreement other
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Chapter 1: Canada–United States–Mexico Agreement Implementation Act PART 1 Implementation of Agreement Orders Sections 19-20
than Canada or to goods, service suppliers, investors or investments of investors of that party; (c) extend the application of any federal law to a party
to the Agreement other than Canada or to goods, service suppliers, investors or investments of investors of that party; or (d) take any other measure that the Governor in
Council considers necessary. Period of order (2) Unless repealed, an order made under subsection (1) has effect for the period specified in the order.
Non-application — paragraph (1)(a) (3) Paragraph (1)(a) does not apply in respect of rights and privileges that are referred to in Section D of Chapter 10 of the Agreement or granted under the Special Import Measures Act.
Non-application — paragraph (1)(b) (4) Paragraph (1)(b) does not apply in respect of any
provision of the Special Import Measures Act or of the regulations made under that Act that implements a right or privilege referred to in Section D of Chapter 10 of the Agreement. Article 31-B.10 of Annex 31-B of Agreement 20 (1) On the recommendation of the Minister, the Governor in Council may, for the purpose of imposing remedies in accordance with Article 31-B.10 of Annex 31-B of the Agreement, by order, do any of the following: (a) suspend rights or privileges granted by Canada to another party to the Agreement or to service suppliers or goods of that party under the Agreement or any federal law; (b) modify or suspend the application of any federal
law, with respect to a party to the Agreement other than Canada or to service suppliers or goods of that party; (c) extend the application of any federal law to a party to the Agreement other than Canada or to service suppliers or goods of that party; or (d) take any other measure that the Governor in
Council considers necessary. Consultation (2) Before making a recommendation to the Governor in
Council, the Minister must consult the Minister of Finance if the proposed remedies include
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Chapter 1: Canada–United States–Mexico Agreement Implementation Act PART 1 Implementation of Agreement Orders Sections 20-21
(a) suspending or withdrawing rights or privileges
granted by Canada under the Customs Tariff; (b) a measure described in paragraph 53(2)(b) or (d) of that Act; or (c) a measure described in paragraph 53(2)(c) of that
Act that is related to a measure referred to in paragraph (a) or (b) of this subsection.
Period of order (3) Unless repealed, an order made under subsection (1) has effect for the period specified in the order.
Retroactive effect (4) An order made under subsection (1) may, if it so provides, have retroactive effect. Non-application — paragraph (1)(a) (5) Paragraph (1)(a) does not apply in respect of rights and privileges that are referred to in Section D of Chapter 10 of the Agreement or granted under the Special Import Measures Act.
Non-application — paragraph (1)(b) (6) Paragraph (1)(b) does not apply in respect of any
provision of the Special Import Measures Act or of the regulations made under that Act that implements a right or privilege referred to in Section D of Chapter 10 of the Agreement.
PART 2
Related Amendments R.S., c. C-3
Canada Deposit Insurance Corporation Act 21 Section 18 of the Canada Deposit Insurance
Corporation Act is amended by adding the following after subsection (3): Records retained outside Canada (3.1) Where a member institution that is authorized to do so under the by-laws retains at a place outside Canada records referred to in the policy of deposit insurance, including for the purpose of any examination by or on behalf of the Corporation, the Corporation may, in the case referred to in paragraph (a), and shall, in the case
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Chapter 1: Canada–United States–Mexico Agreement Implementation Act PART 2 Related Amendments Canada Deposit Insurance Corporation Act Sections 21-22
referred to in paragraph (b), direct the institution to maintain a copy of those records in Canada: (a) if the Corporation is of the opinion that it does not
have immediate, direct, complete and ongoing access to those records; or (b) if the Corporation is advised by the Minister that
the Minister is of the opinion that it is not in the national interest for the institution not to maintain a copy of those records in Canada. By-laws (3.2) The Board may make by-laws respecting: (a) what constitutes immediate, direct, complete and
ongoing access, for the purpose of paragraph (3.1)(a); and (b) the time within and manner in which a member
institution is required to comply with a direction under subsection (3.1). R.S., c. C-34
Competition Act 22 (1) Section 30.01 of the Competition Act is
amended by adding the following after paragraph (c): (c.1) the agreement contains one of the following undertakings by the foreign state: (i) that any record or thing provided by Canada will
be used only for the purpose for which it was requested, or (ii) that any record or thing provided by Canada
will be used only for the purpose for which it was requested or for the purpose of making a request under any Act of Parliament or under any treaty, convention or other international agreement to which Canada and the foreign state are parties that provides for mutual legal assistance in civil or criminal matters; 2002, c. 16, s. 3
(2) The portion of paragraph 30.01(d) of the Act before subparagraph (i) is replaced by the following: (d) the agreement also contains the following undertakings by the foreign state, namely,
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Chapter 1: Canada–United States–Mexico Agreement Implementation Act PART 2 Related Amendments Competition Act Sections 22-24
2002, c. 16, s. 3
(3) Subparagraph 30.01(d)(ii) of the Act is repealed. 2002, c. 16, s. 3
(4) Subparagraph 30.01(d)(v) of the Act is replaced by the following: (v) subject to paragraph (c.1), that it will, to the greatest extent possible consistent with its laws, keep confidential any record or thing obtained by it pursuant to its request, and oppose any application by a third party for disclosure of the record or thing, and R.S., c. C-42
Copyright Act Amendments to the Act 23 Section 2 of the Copyright Act is amended by adding the following in alphabetical order:
Canada–United States–Mexico Agreement has the meaning assigned by the definition Agreement in section 2 of the Canada–United States–Mexico Agreement Implementation Act; (Accord Canada–États-Unis– Mexique) 1993, c. 44, s. 58
24 Sections 6.1 and 6.2 of the Act are replaced by
the following: Anonymous and pseudonymous works 6.1 (1) Except as provided in section 6.2 and in subsection (2), where the identity of the author of a work is unknown, copyright in the work shall subsist until the end of 75 years following the end of the calendar year in which the work is made. However, if the work is published before the copyright expires, the copyright continues until the earlier of the end of 75 years following the end of the calendar year in which the first publication occurs and 100 years following the end of the calendar year in which the work was made. Identity of author commonly known (2) Where, during any term referred to in subsection (1),
the author’s identity becomes commonly known, the term provided in section 6 applies.
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Chapter 1: Canada–United States–Mexico Agreement Implementation Act PART 2 Related Amendments Copyright Act Amendments to the Act Sections 24-26
Anonymous and pseudonymous works of joint authorship 6.2 (1) Except as provided in subsection (2), where the identity of all the authors of a work of joint authorship is unknown, copyright in the work shall subsist until the end of 75 years following the end of the calendar year in which the work is made. However, if the work is published before the copyright expires, the copyright continues until the earlier of the end of 75 years following the end of the calendar year in which the first publication occurs and 100 years following the end of the calendar year in which the work was made.
Identity of author commonly known (2) Where, during any term referred to in subsection (1),
the identity of one or more of the authors becomes commonly known, copyright shall subsist for the life of whichever of those authors dies last, the remainder of the calendar year in which that author dies and a period of 50 years following the end of that calendar year. 1993, c. 44, s. 60(1)
25 Subsection 9(2) of the Act is replaced by the following:
Nationals of other countries (2) Authors who are nationals of any country, other than
a country that is a party to the Canada–United States– Mexico Agreement, that grants a term of protection shorter than that mentioned in subsection (1) are not entitled to claim a longer term of protection in Canada. 1997, c. 24, s. 9(1)
26 Section 11.1 of the Act is replaced by the following: Cinematographic works 11.1 Except for cinematographic works in which the arrangement or acting form or the combination of incidents represented give the work a dramatic character, copyright in a cinematographic work or a compilation of cinematographic works shall subsist until the end of 70 years following the end of the calendar year in which the cinematographic work or the compilation is made. However, if the cinematographic work or the compilation is published before the copyright expires, the copyright continues until the earlier of the end of 75 years following the end of the calendar year in which the first publication occurs and 100 years following the end of the calendar year in which the cinematographic work or the compilation was made.
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Chapter 1: Canada–United States–Mexico Agreement Implementation Act PART 2 Related Amendments Copyright Act Amendments to the Act Sections 27-29
2001, c. 27, s. 236
27 Subsection 17(4) of the Act is replaced by the following:
Exception (4) If so requested by a country that is a party to the
Canada–United States–Mexico Agreement, the Minister may, by a statement published in the Canada Gazette, grant the benefits conferred by this section, subject to any terms and conditions specified in the statement, to performers who are nationals of that country or another country that is a party to that Agreement or are Canadian citizens or permanent residents within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act and whose performer’s performances are embodied in works other than the prescribed cinematographic works referred to in subsection (3). 1997, c. 24, s. 14; 2012, c. 20, s. 15(5)
28 Subsections 20(3) and (4) of the Act are repealed. 2012, c. 20, s. 17; 2015, c. 36, s. 81(1)
29 (1) Paragraphs 23(1)(a) and (b) of the Act are
replaced by the following: (a) if the performance is fixed in a sound recording before the copyright expires, the copyright continues until the end of 70 years after the end of the calendar year in which the first fixation of the performance in a sound recording occurs; and (b) if a sound recording in which the performance is
fixed is published before the copyright expires, the copyright continues until the earlier of the end of 75 years after the end of the calendar year in which the first such publication occurs and the end of 100 years after the end of the calendar year in which the first fixation of the performance in a sound recording occurs.
2015, c. 36, s. 81(2)
(2) Subsection 23(1.1) of the Act is replaced by the following:
Term of copyright — sound recording (1.1) Subject to this Act, copyright in a sound recording
subsists until the end of 70 years after the end of the calendar year in which the first fixation of the sound recording occurs. However, if the sound recording is published before the copyright expires, the copyright continues until the earlier of the end of 75 years after the end of the calendar year in which the first publication of the sound
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Chapter 1: Canada–United States–Mexico Agreement Implementation Act PART 2 Related Amendments Copyright Act Amendments to the Act Sections 29-30
recording occurs and the end of 100 years after the end of the calendar year in which that first fixation occurs. 30 Section 42 of the Act is amended by adding the following after subsection (3.1):
Offence — infringement related to rights management information (3.2) Every person, except a person who is acting on behalf of a library, archive or museum or an educational institution, commits an offence who knowingly and for commercial purposes (a) removes or alters any rights management information in electronic form without the consent of the owner of the copyright in the work, the performer’s performance fixed in a sound recording or the sound recording, if the person knows that the removal or alteration will facilitate or conceal any infringement of the owner’s copyright or adversely affect the owner’s right to remuneration under section 19; or (b) does any of the acts referred to in paragraphs 41.22(3)(a) to (e) with respect to any material form of the work, the performer’s performance fixed in a sound recording or the sound recording without the consent of the owner of the copyright and knows that (i) the rights management information in electronic form has been removed or altered without the consent of the owner of the copyright, and (ii) the removal or alteration will facilitate or conceal any infringement of the owner’s copyright or adversely affect the owner’s right to remuneration under section 19. Punishment (3.3) Every person who commits an offence under subsection (3.2) is liable (a) on conviction on indictment to a fine of not more than $1,000,000 or to imprisonment for a term of not more than five years or to both; or (b) on summary conviction to a fine of not more than $25,000 or to imprisonment for a term of not more than six months or to both.
Definition of rights management information (3.4) In subsection (3.2), rights management information has the same meaning as in subsection 41.22(4).
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Chapter 1: Canada–United States–Mexico Agreement Implementation Act PART 2 Related Amendments Copyright Act Amendments to the Act Sections 31-35
2014, c. 32, s. 5
31 Subsection 44.01(2) of the Act is replaced by
the following: Exception (2) Subsection (1) does not apply to copies that are imported or exported by an individual in their possession or baggage if the circumstances, including the number of copies, indicate that the copies are intended only for their personal use. 2014, c. 32, s. 5
32 Paragraph 44.04(1)(b) of the Act is replaced by
the following: (b) the name and address of their owner, importer,
exporter and consignee and of the person who made them and of any other person involved in their movement; 2018, c. 27, s. 296
33 Paragraph 70(2)(a) of the Act is replaced by
the following: (a) the tariff applies in respect of performer’s performances and sound recordings only in the situations referred to in section 20;
Transitional Provision No revival of copyright 34 Sections 6.1, 6.2 and 11.1, paragraphs 23(1)(a)
and (b) and subsection 23(1.1) of the Copyright Act, as enacted by sections 24, 26 and 29, respectively, do not have the effect of reviving the copyright or a right to remuneration in any work, performer’s performance fixed in a sound recording or sound recording in which the copyright or the right to remuneration had expired on the coming into force of those provisions of that Act. R.S., c. C-46
Criminal Code 2019, c. 25, s. 2
35 Paragraph 2.3(1)(a) of the Criminal Code is replaced by the following: (a) proceedings in relation to an offence under subsection 7(2.01), (2.3) or (2.31) or section 57, 58, 83.12, 103, 104, 121.1, 380, 382, 382.1, 391, 400, 424.1, 431.1, 467.11 or 467.111 or in relation to any terrorism offence;
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Chapter 1: Canada–United States–Mexico Agreement Implementation Act PART 2 Related Amendments Criminal Code Sections 36-38
36 Paragraph (a) of the definition offence in section 183 of the Act is amended by adding the following after subparagraph (lxx): (lxx.01) section 391 (trade secret), 37 The Act is amended by adding the following after section 390:
Trade secret 391 (1) Everyone commits an offence who, by deceit,
falsehood or other fraudulent means, knowingly obtains a trade secret or communicates or makes available a trade secret. Trade secret — prior knowledge (2) Everyone commits an offence who knowingly obtains
a trade secret or communicates or makes available a trade secret knowing that it was obtained by the commission of an offence under subsection (1). Punishment (3) Everyone who commits an offence referred to in subsection (1) or (2) is guilty (a) of an indictable offence and is liable to imprisonment for a term not exceeding 14 years; or (b) of an offence punishable on summary conviction.
For greater certainty (4) For greater certainty, no person commits an offence under subsection (1) or (2) if the trade secret was obtained by independent development or by reason only of reverse engineering.
Definition of trade secret (5) For the purpose of this section, trade secret means any information that (a) is not generally known in the trade or business that uses or may use that information; (b) has economic value from not being generally known; and (c) is the subject of efforts that are reasonable under
the circumstances to maintain its secrecy. 38 Section 1 of the schedule to Part XXII.1 of the Act is amended by adding the following after paragraph (x):
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Chapter 1: Canada–United States–Mexico Agreement Implementation Act PART 2 Related Amendments Criminal Code Sections 38-40
(x.1) section 391 (trade secret); R.S., c. E-15
Excise Tax Act 39 Schedule VII to the Excise Tax Act is amended
by adding the following after section 7: 7.01 Goods (other than goods prescribed for the purposes of section 7) transported by courier (a) that are imported from Mexico or the United
States, as determined in accordance with the Customs Tariff; and (b) that have a value, determined under paragraph
215(1)(a) of the Act, of not more than $40.
R.S., c. E-19
Export and Import Permits Act 1993, c. 44, s. 146
40 (1) The definitions NAFTA and NAFTA country
in subsection 2(1) of the Export and Import Permits Act are repealed. 1997, c. 14, s. 70(2)
(2) Paragraph (a) of the definition free trade partner in section 2(1) of the Act is replaced by the following: (a) a CUSMA country, (3) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:
CUSMA has the meaning assigned by the definition Agreement in section 2 of the Canada–United States– Mexico Agreement Implementation Act. (ACEUM) CUSMA country means a country that is a party to CUSMA. (pays ACEUM) 2014, c. 14, s. 17(2)
(4) Subsection 2(2) of the Act is amended by striking out the reference to “a NAFTA country” from the list of countries. (5) Subsection 2(2) of the Act is amended by adding, in alphabetical order, a reference to “a CUSMA country” in the list of countries.
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Chapter 1: Canada–United States–Mexico Agreement Implementation Act PART 2 Related Amendments Export and Import Permits Act Sections 41-43
1997, c. 14, s. 71
41 The definitions contribute importantly and
surge in subsection 4.2(1) of the Act are replaced by the following: contribute importantly, in respect of goods imported from a CUSMA country or from Chile, means to be an important cause, but not necessarily the most important cause; (contribuer de manière importante) surge, in respect of goods imported from (a) a CUSMA country, means a significant increase in
imports over the trend for a recent representative base period, and (b) Chile, has the meaning given that word by Article F-05 of CCFTA; (augmentation subite)
1997, c. 14, s. 72(1)
42 Paragraph 5(4)(b) of the Act is replaced by the following: (b) in the case of goods imported from a CUSMA
country, the quantity of those goods, alone or, in exceptional circumstances, together with the quantity of goods of the same kind imported from each other CUSMA country, contributes importantly to the serious injury or threat of serious injury to domestic producers of like or directly competitive goods; and
2001, c. 28, s. 49
43 (1) Subsection 6.1(1) of the Act is replaced by
the following: Definition of originating goods 6.1 (1) In this section, originating goods means goods that are entitled under the Customs Tariff to the United States Tariff, the Mexico Tariff, the Chile Tariff or the Costa Rica Tariff. 2001, c. 28, s. 49
(2) The portion of subsection 6.1(2) of the Act before paragraph (b) is replaced by the following:
When Minister may take measures (2) If at any time it appears to the satisfaction of the
Minister that any goods that are referred to in paragraph (b) or (c) and are not originating goods are being imported from Chile or from Costa Rica, as the case may be, in such increased quantities, measured in absolute terms or
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Chapter 1: Canada–United States–Mexico Agreement Implementation Act PART 2 Related Amendments Export and Import Permits Act Sections 43-45
relative to the domestic market, and under such conditions as to cause serious damage or actual threat of serious damage to domestic producers of like or directly competitive goods, the Minister may take the measures set out 2001, c. 28, s. 49
(3) Subsection 6.1(3) of the Act is replaced by the
following: Factors to be considered (3) In determining whether the conditions referred to in subsection (2) exist, the Minister shall have regard to paragraph 2 of section 3 of Annex C-00-B of CCFTA or paragraph 2 of section 4 of Annex III.1 of CCRFTA, as the case may be. 2017, c. 6, s. 20
44 (1) Subsection 6.2(1.1) of the Act is replaced by
the following: Determination of quantities — export (1.1) If any goods, other than softwood lumber products to which section 6.3 applies, have been included on the Export Control List for a purpose referred to in paragraph 3(1)(d) or (f), the Minister may determine export access quantities, or the basis for calculating them, for the purposes of subsection (2), 7(1) or (1.1) or section 8.31.
(2) Section 6.2 of the Act is amended by adding the following after subsection (4):
Export charges on certain dairy products — CUSMA (5) The Minister may impose and collect export charges
in accordance with Article 3.A.3 of CUSMA. 1997, c. 14, s. 75
45 Subsection 8(3) of the Act is replaced by the following:
Goods imported from free trade partner (3) If an order has been made under subsection 5(3) or
(3.2) that applies, by virtue of subsection 5(4), to goods imported from a free trade partner, or an order has been made under subsection 5(4.1), the Minister shall, in determining whether to issue a permit under this section, be guided, as the case may be, by (a) Article 10.2 of CUSMA; (b) subparagraph 5(b) of Article F-02 of CCFTA; or
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Chapter 1: Canada–United States–Mexico Agreement Implementation Act PART 2 Related Amendments Export and Import Permits Act Sections 45-53
(c) subparagraph 5(b) of Article 4.6 of CIFTA. 46 Section 12 of the Act is amended by adding the following after paragraph (c): (c.01) respecting export charges referred to in subsection 6.2(5); 47 Schedule 2 to the Act is amended by striking
out, in column 1, the reference to “NAFTA” and the corresponding reference in column 2 to “Schedules to Annex 302.2, in accordance with Appendix 6 of Annex 300-B”. 48 Schedule 2 to the Act is amended by adding, in
alphabetical order, a reference to “CUSMA” in column 1 and a corresponding reference in column 2 to “Schedules to Annex 2-B in accordance with Annex 6-A”. 49 Schedule 3 to the Act is amended by striking out, in column 1, the reference to “NAFTA” and the corresponding reference in column 2 to “Appendix 1.1 of Annex 300-B”. 50 Schedule 3 to the Act is amended by adding, in
alphabetical order, a reference to “CUSMA” in column 1 and a corresponding reference in column 2 to “Section C of Annex 6-A”. 51 Schedule 4 to the Act is amended by striking out, in column 1, the reference to “NAFTA country”, the corresponding reference in column 2 to “Appendix 6 to Annex 300-B of NAFTA” and the corresponding reference in column 3 to “Schedules to Annex 302.2 of NAFTA, in accordance with Appendix 6 to Annex 300-B of NAFTA”. 52 Schedule 4 to the Act is amended by adding, in alphabetical order, a reference to “CUSMA country” in column 1, a corresponding reference to “Annex 6-A” in column 2 and a corresponding reference to “Schedules to Annex 2-B in accordance with Section C of Annex 6-A” in column 3. R.S., c. F-10
Fertilizers Act 1994, c. 47, s. 115
53 Subsections 5(2) and (3) of the Fertilizers Act
are replaced by the following: Regulations — international agreements (2) Without limiting the authority conferred by subsection (1), the Governor in Council may make any
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Chapter 1: Canada–United States–Mexico Agreement Implementation Act PART 2 Related Amendments Fertilizers Act Sections 53-55
regulations the Governor in Council considers necessary for the purpose of implementing, in relation to fertilizers or supplements, any of the following provisions: (a) Article 20.45 of the Canada–United States–Mexico Agreement; (b) paragraph 3 of Article 39 of the Agreement on
Trade-related Aspects of Intellectual Property Rights set out in Annex 1C to the WTO Agreement; or (c) Article 18.47 of the Trans-Pacific Partnership
Agreement as incorporated by reference into the Comprehensive and Progressive Agreement for Trans-Pacific Partnership by Article 1 of that Agreement. Definitions (3) The following definitions apply in subsection (2).
Canada–United States–Mexico Agreement has the meaning assigned by the definition Agreement in section 2 of the Canada–United States–Mexico Agreement Implementation Act. (Accord Canada–États-Unis– Mexique) Comprehensive and Progressive Agreement for Trans-Pacific Partnership has the meaning assigned by the definition Agreement in section 2 of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation Act. (Accord de partenariat transpacifique global et progressiste) WTO Agreement has the meaning assigned by the definitionAgreementin subsection 2(1) of the World Trade Organization Agreement Implementation Act. (Accord sur l’OMC) R.S., c. F-11
Financial Administration Act 1993, c. 44, s. 156
54 The portion of subsection 85(2) of the Financial Administration Act before paragraph (a) is replaced by the following: Exemption for RCMP and security services (2) Divisions I to IV do not apply to any Crown corporation incorporated or acquired, with the written authorization of the appropriate Minister, 1993, c. 44, s. 157
55 Division V of Part X of the Act is repealed.
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Chapter 1: Canada–United States–Mexico Agreement Implementation Act PART 2 Related Amendments Financial Administration Act Sections 56-58
56 Schedule VII to the Act is amended by adding
the following in alphabetical order: Agreement between Canada, the United States of America and the United Mexican States, done at Buenos Aires on November 30, 2018, as amended by the Protocol of Amendment to the Agreement between Canada, the United States of America and the United Mexican States, done at Mexico City on December 10, 2019. R.S., c. F-27
Food and Drugs Act 57 Section 14 of the Food and Drugs Act is replaced by the following: Samples 14 No person shall distribute or cause to be distributed any drug as a sample except in accordance with the regulations. 58 (1) Paragraph 30(1)(n) of the Act is replaced by the following: (n) respecting the distribution or the conditions of
distribution of drugs as samples; 2014, c. 24, s. 6(6)
(2) Subsection 30(3) of the Act is replaced by the following:
Regulations — Canada–United States–Mexico Agreement and WTO Agreement (3) Without limiting the power conferred by any other
subsection of this section, the Governor in Council may make any regulations that the Governor in Council considers necessary for the purpose of implementing, in relation to drugs, Articles 20.48 and 20.49 of the Canada– United States–Mexico Agreement or paragraph 3 of Article 39 of the Agreement on Trade-related Aspects of Intellectual Property Rights set out in Annex 1C to the WTO Agreement. 1994, c. 47, s. 117
(3) The definition North American Free Trade Agreement in subsection 30(4) of the Act is repealed. (4) Subsection 30(4) of the Act is amended by adding the following in alphabetical order:
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Chapter 1: Canada–United States–Mexico Agreement Implementation Act PART 2 Related Amendments Food and Drugs Act Sections 58-61
Canada–United States–Mexico Agreement has the meaning assigned by the definition Agreement in section 2 of the Canada–United States–Mexico Agreement Implementation Act. (Accord Canada–États-Unis– Mexique) R.S., c. G-10
Canada Grain Act 59 The heading before section 2 of the French
version of the Canada Grain Act is replaced by the following:
Définitions et interprétation 1994, c. 45, s. 1(3)
60 (1) The definitions contaminated and foreign
grain in section 2 of the Act are repealed. (2) The definitions eastern grain and western grain
in section 2 of the Act are replaced by the following: eastern grain means grain, other than imported grain, that is delivered into the Eastern Division; (grain de l’Est) western grain means grain, other than imported grain, that is delivered into the Western Division; (grain de l’Ouest) (3) Section 2 of the Act is amended by adding the following in alphabetical order:
imported grain means any grain grown outside Canada or the United States and includes screenings from such a grain and every grain product manufactured or processed from such a grain; (grain importé) 61 The Act is amended by adding the following after section 2:
Contaminated grain 2.1 Grain is contaminated for the purposes of this Act if the grain contains any substance in sufficient quantity that the grain is either (a) adulterated for the purposes of the Food and Drugs Act; or (b) contaminated within the meaning of the regulations made under section 51 of the Safe Foods for Canadians Act.
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Chapter 1: Canada–United States–Mexico Agreement Implementation Act PART 2 Related Amendments Canada Grain Act Sections 62-65
62 Paragraph 14(1)(a) of the Act is replaced by
the following: (a) recommend and establish grain grades and standards for those grades and implement a system of grading and inspection for grain to reflect adequately the quality of that grain and meet the need for efficient marketing in and outside Canada; 63 The Act is amended by adding the following after section 15:
Export Certificates Export certificates 15.1 The Commission may issue any certificate or other
document setting out any information that the Commission considers necessary to facilitate the export of any grain. 64 (1) The portion of paragraph 32(1)(a) of the
Act before subparagraph (i) is replaced by the following: (a) if the grain was grown in Canada or the United States, (2) Paragraph 32(1)(b) of the Act is replaced by the following: (b) if the grain was grown outside Canada or the United States, stating the country of origin of the grain or stating that the grain is imported grain and, in the prescribed circumstances, (i) assigning to the grain a grade established by or
under this Act or, if the grain is eligible to be assigned more than one grade, assigning to the grain the grade constituting the highest level of excellence for which the grain is eligible, and (ii) stating the dockage to be separated from the
grain in order that it may be eligible for the grade so assigned. 65 The Act is amended by adding the following after section 58:
Seeds Act and Pest Control Products Act 58.1 No operator of a licensed elevator is required to receive into the elevator any grain that (a) is of a variety produced from seed of a variety that is not registered under the Seeds Act for sale in or importation into Canada; or
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Chapter 1: Canada–United States–Mexico Agreement Implementation Act PART 2 Related Amendments Canada Grain Act Sections 65-67
(b) has in it, on it or has had applied to it a pest control product that is not registered under the Pest Control Products Act or any component or derivative of such a product.
1994, c. 45, s. 16
66 Section 61 of the Act is replaced by the following: Procedure on receipt of grain 61 (1) Subject to subsection (2), if grain is lawfully offered at a licensed primary elevator for sale or storage, other than for special binning, the operator of the elevator shall, at the prescribed time and in the prescribed manner, issue a cash purchase ticket or elevator receipt stating the grade name, grade and dockage of the grain, and immediately provide it to the producer.
Dispute (2) If the producer and the operator of the elevator do
not agree as to the grade of the grain, the dockage or a prescribed grain quality characteristic, the operator shall (a) take a sample of the grain in the prescribed manner; (b) deal with the sample in the prescribed manner;
and (c) issue an interim elevator receipt in the prescribed
form. Commission’s report (3) On receipt of a report from the Commission that assigns a grade in respect of the sample and that determines the dockage and each disputed grain quality characteristic, the operator of the elevator shall issue, at the prescribed time and in the prescribed manner, a cash purchase ticket or elevator receipt stating the grade name of the grain, the grade assigned in respect of the sample, the dockage so determined and each grain quality characteristic so determined, and immediately provide it to the producer. 1994, c. 45, s. 25; 2011, c. 25, s. 27
67 The heading before section 83.1 and sections
83.1 to 84 of the Act are replaced by the following:
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Chapter 1: Canada–United States–Mexico Agreement Implementation Act PART 2 Related Amendments Canada Grain Act Section 67
Declaration Respecting Grain Obligation to provide declaration 83.1 Every licensee and every person who sells grain to
a licensee shall, in accordance with the regulations, make and provide a declaration respecting the grain to a prescribed person. Regulations 83.2 The Commission may, with the approval of the
Governor in Council, make regulations respecting the declaration referred to in section 83.1, including regulations prescribing (a) its form and content; (b) when it is to be made and provided; and (c) the persons to whom it is to be provided.
False or misleading statement 83.3 No person shall knowingly make a false or misleading statement in a declaration referred to in section 83.1.
PART V
Carriage of Grain General Transport, except by public carrier, restricted 84 Except in accordance with terms and conditions prescribed under section 84.1 or with an order made under section 84.2, no person, other than a public carrier, shall transport or cause to be transported any grain into or out of Canada.
Regulations 84.1 The Commission may, with the approval of the
Governor in Council, make regulations prescribing terms and conditions for the purposes of section 84. Orders 84.2 The Commission may, by order, permit a person other than a public carrier, to transport or cause to be transported any grain into or out of Canada, in accordance with any terms and conditions set out in the order. If the order applies to more than one person, it applies for a period of time terminating not later than the end of the crop year in respect of which the order is made.
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Chapter 1: Canada–United States–Mexico Agreement Implementation Act PART 2 Related Amendments Canada Grain Act Sections 68-69
68 (1) Subsection 116(1) of the Act is amended by adding the following after paragraph (c): (c.1) prescribing circumstances in which an inspector,
under paragraph 32(1)(b), is to assign a grade to imported grain and to state the dockage that is to be separated from it; (2) Paragraph 116(1)(h) of the Act is replaced by the following: (h) respecting the receipt, inspection, handling and storage at elevators of imported grain and prescribing the period of time that it may remain in storage at any elevator; 69 The Act is amended by adding the following after section 118:
Incorporation by reference — Commission 118.1 (1) A regulation made by the Commission under this Act may incorporate by reference any document, regardless of its source, either as it exists on a particular date or as it is amended from time to time.
Accessibility (2) The Commission shall ensure that any document that is incorporated by reference in a regulation made by it under this Act, including any amendments to the document, is accessible.
Defence (3) A person is not liable to be found guilty of an offence
for any contravention in respect of which a document that is incorporated by reference in a regulation made by the Commission under this Act is relevant unless, at the time of the alleged contravention, the document was accessible as required by subsection (2) or it was otherwise accessible to the person. No registration or publication (4) For greater certainty, a document that is incorporated by reference in a regulation made by the Commission under this Act is not required to be transmitted for registration or published in the Canada Gazette by reason only that it is incorporated by reference.
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Chapter 1: Canada–United States–Mexico Agreement Implementation Act PART 2 Related Amendments Importation of Intoxicating Liquors Act Sections 70-72
R.S., c. I-3
Importation of Intoxicating Liquors Act 1993, c. 44, s. 159
70 (1) The definition NAFTA country in section 2
of the Importation of Intoxicating Liquors Act is repealed. (2) Section 2 of the Act is amended by adding the
following in alphabetical order: CUSMA country means a country that is a party to the Agreement as defined in section 2 of the Canada–United States–Mexico Agreement Implementation Act. (pays ACEUM) 2002, c. 22, par. 411(7)(b)
71 The portion of paragraph 3(2)(c) of the Act before subparagraph (ii) is replaced by the following: (c) the importation of bulk spirits into a province
from a CUSMA country by a licensed distiller for the purpose of being packaged by the distiller, if the spirits (i) are entitled to the United States Tariff or the Mexico Tariff in the List of Tariff Provisions set out in the schedule to the Customs Tariff, and R.S., c. S-15
Special Import Measures Act Amendments to the Act 1993, c. 44, s. 201(2)
72 (1) The definitions government of a NAFTA country, NAFTA country and North American Free Trade Agreement in subsection 2(1) of the Special Import Measures Act are repealed. 2010, c. 12, s. 1782
(2) The definition Canadian Secretary in subsection 2(1) of the Act is replaced by the following: Canadian Secretary means
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Chapter 1: Canada–United States–Mexico Agreement Implementation Act PART 2 Related Amendments Special Import Measures Act Amendments to the Act Sections 72-74
(a) when Part I.1 is in force, the Secretary referred to
in section 14 of the Canada–United States–Mexico Agreement Implementation Act, and (b) when Part II is in force, the Secretary appointed
under subsection 77.24(1); (secrétaire canadien) (3) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:
Canada–United States–Mexico Agreement has the meaning assigned by the definition Agreement in section 2 of the Canada–United States–Mexico Agreement Implementation Act; (Accord Canada–États-Unis– Mexique) CUSMA country means a country other than Canada that is a party to the Canada–United States–Mexico Agreement; (pays ACEUM) government of a CUSMA country means a prescribed department, agency or other body of the government of a CUSMA country; (gouvernement d’un pays ACEUM) 1993, c. 44, s. 204
73 The portion of subsection 9.01(1) of the Act before paragraph (a) is replaced by the following: Duty ceases where order or finding rescinded pursuant to review 9.01 (1) Where a review is requested under Part I.1 of
an order or finding of the Tribunal pursuant to which duty is leviable, collectable and payable (in this section referred to as “payable”) under this Act on goods of a CUSMA country imported into Canada that are of the same description as any goods to which the order or finding applies, duty continues, notwithstanding any order or decision that may be made or given in the course of proceedings under that Part, to be so payable pursuant to the order or finding on imported goods of that description during the course of the proceedings and after they are finally disposed of, unless the final disposition of the proceedings results in the order or finding being rescinded or being rescinded in relation to particular goods, in which case
2017, c. 20, s. 72
74 The portion of subsection 9.21(1) of the Act before paragraph (a) is replaced by the following:
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Chapter 1: Canada–United States–Mexico Agreement Implementation Act PART 2 Related Amendments Special Import Measures Act Amendments to the Act Sections 74-76
Duty ceases if investigation terminated after review 9.21 (1) If duty is leviable, collectable and payable (in
this section referred to as “payable”) under this Act under an order or finding of the Tribunal on goods of a CUSMA country imported into Canada, and a review is requested under Part I.1 of the final determination of the President under paragraph 41(1)(b) on which the order or finding is based, duty continues, despite any order or decision that may be made or given in the course of proceedings under that Part, to be so payable under the order or finding on imported goods of the same description as those goods during the course of the proceedings and after they are finally disposed of, unless the final disposition of the proceedings results in the President recommencing the investigation and terminating it under paragraph 41(1)(a), in which case 1993, c. 44, s. 209
75 Subsection 43(1.01) of the Act is replaced by the following:
Separate order or finding (1.01) Where an inquiry referred to in section 42 involves any of the following goods, the Tribunal shall make a separate order or finding under subsection (1) with respect to the goods of each CUSMA country: (a) goods of more than one CUSMA country; or (b) goods of one or more CUSMA countries and goods
of one or more other countries. 1993, c. 44, s. 212; 2005. c. 38, par. 136(b)(F)
76 Paragraphs 56(1.01)(a) and (b) of the Act are
replaced by the following: (a) where a determination referred to in that subsection is made in respect of any goods, including goods of a CUSMA country, the importer of the goods may, within ninety days after the making of the determination, make a written request in the prescribed form and manner and accompanied by the prescribed information to a designated officer for a re-determination, if the importer has paid all duties owing on the goods; and (b) where a determination referred to in that subsection is made in respect of goods of a CUSMA country, the government of that CUSMA country or, if they are of that CUSMA country, the producer, manufacturer or exporter of the goods may make a request as described in paragraph (a), whether or not the importer of the goods has paid all duties owing on the goods.
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Chapter 1: Canada–United States–Mexico Agreement Implementation Act PART 2 Related Amendments Special Import Measures Act Amendments to the Act Sections 77-79
1993, c. 44, s. 214; 2005, c. 38, par. 134(z.12)
77 Paragraphs 58(1.1)(a) and (b) of the Act are replaced by the following:
(a) where a determination or re-determination referred to in that subsection is made in respect of any goods, including goods of a CUSMA country, the importer of the goods may, within 90 days after the date of the determination or re-determination, make a written request in the prescribed form and manner and accompanied by the prescribed information to the President for a re-determination, if the importer has paid all duties owing on the goods; and (b) where a determination or re-determination referred to in that subsection is made in respect of goods of a CUSMA country, the government of that CUSMA country or, if they are of that CUSMA country, the producer, manufacturer or exporter of the goods may make a request as described in paragraph (a), whether or not the importer has paid all duties owing on the goods. 1993, c. 44, s. 215(2); 1999, c. 12, s. 34(5)(F); 2005, c. 38, par. 134(z.13)
78 Subsections 59(3.1) and (3.2) of the Act are replaced by the following:
Notice of re-determination (3.1) The President shall cause notice of each re-determination under this section to be forwarded, by registered mail, to the importer and, where the imported goods are goods of a CUSMA country, to the government of that CUSMA country, to such persons as may be prescribed and, if the re-determination gives effect to a decision of a panel under Part I.1, to the Canadian Secretary.
Presumption (3.2) A notice sent to the government of a CUSMA country pursuant to subsection (3.1) shall be deemed, for the purposes of this Act, to have been received by that government 10 days after the day on which it was mailed. 2017, c. 20, s. 89
79 (1) Paragraph 70(1)(b) of the Act is replaced by the following: (b) when the goods are goods of a CUSMA country, the government of that CUSMA country or, if they are of that CUSMA country, the producer, manufacturer or exporter of the goods makes a request as described in subparagraph (a)(i), whether or not the importer of the goods has paid all duties owing on the goods.
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Chapter 1: Canada–United States–Mexico Agreement Implementation Act PART 2 Related Amendments Special Import Measures Act Amendments to the Act Sections 79-82
2017, c. 20, s. 89
(2) Paragraph 70(2)(b) of the Act is replaced by
the following: (b) when the goods are goods of a CUSMA country, the government of that CUSMA country or, if they are of that CUSMA country, the producer, manufacturer or exporter of the goods makes a request as described in subparagraph (a)(i), whether or not the importer of the goods has paid all duties owing on the goods.
2017, c. 20, s. 89
(3) Paragraph 70(3)(b) of the Act is replaced by the following: (b) when the goods are goods of a CUSMA country, the government of that CUSMA country or, if they are of that CUSMA country, the producer, manufacturer or exporter of the goods makes a request as described in subparagraph (a)(i), whether or not the importer of the goods has paid all duties owing on the goods.
1999, c. 12, s. 36
80 Subsection 76.04(1) of the Act is replaced by
the following: Separate order or finding 76.04 (1) If a review under section 76.01, 76.02 or 76.03
involves goods of more than one CUSMA country, or goods of one or more CUSMA countries and goods of one or more other countries, and the Tribunal makes another order or finding under any of those sections, the Tribunal shall make a separate order or finding under that section with respect to the goods of each CUSMA country.
1993, c. 44, s. 218
81 The heading of Part I.1 of the Act is replaced
by the following:
Dispute Settlement Respecting Goods of a CUSMA Country 1993, c. 44, s. 218
82 (1) The definition NAFTA country Secretary in subsection 77.01(1) of the English version of the Act is repealed. 1993, c. 44, s. 218
(2) The definition rules in subsection 77.01(1) of
the Act is replaced by the following:
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rules means the rules of procedure, as amended from time to time, made under Section D of Chapter 10 of the Canada–United States–Mexico Agreement; (règles)
1993, c. 44, s. 218
(3) The definition secrétaire national in subsection
77.01(1) of the French version of the Act is replaced by the following: secrétaire national Le secrétaire d’une section nationale du Secrétariat visé à l’article 30.6 de l’Accord Canada–États-Unis–Mexique. (CUSMA country Secretary) 1993, c. 44, s. 218; 2002, c. 8, s. 172
(4) The portion of the definition definitive decision in subsection 77.01(1) of the Act before paragraph (a) is replaced by the following:
definitive decisions means any of the following decisions, final determinations, orders, findings or re-determinations that apply to or are made in respect of particular goods of a CUSMA country, but does not include any of them that are made for the purpose of giving effect to a decision of the Federal Court of Appeal or the Supreme Court of Canada relating to those goods: 2002, c. 8, s. 172
(5) The portion of the definition definitive decision in subsection 77.01(1) of the English version of the Act after paragraph (j) is repealed. (6) Subsection 77.01(1) of the English version of
the Act is amended by adding the following in alphabetical order: CUSMA country Secretary means the secretary of the national Section of the Secretariat provided for in Article 30.6 of the Canada–United States–Mexico Agreement; (secrétaire national) 1993, c. 44, s. 218; 2002, c. 8, par. 182(1)(z.10); 2005, c. 38, par. 135(b)(E)
83 (1) Subsections 77.011(1) to (4) of the Act are replaced by the following:
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Request for review of definitive decision 77.011 (1) The Minister or the government of a CUSMA country, the goods of which are the subject of a definitive decision, may request, in accordance with paragraph 4 of Article 10.12 of the Canada–United States–Mexico Agreement, that the definitive decision, in so far as it applies to goods of that CUSMA country, be reviewed by a panel.
Idem (2) Any person who, but for section 77.012, would be entitled to apply under the Federal Courts Act or section 96.1 of this Act, or to appeal under section 61 of this Act, in respect of a definitive decision may, in accordance with paragraph 4 of Article 10.12 of the Canada–United States–Mexico Agreement, file with the Canadian Secretary a request that the definitive decision be reviewed by a panel.
Deeming (3) A request made under subsection (2) shall be deemed to be a request by the Minister for binational panel review within the meaning of paragraph 4 of Article 10.12 of the Canada–United States–Mexico Agreement.
Limitation period (4) A request under subsection (1) or (2) may only be made within 30 days after the day on which notice of the definitive decision is published in the Canada Gazette or, in the case of a re-determination of the President under subsection 59(1) or (3), within 30 days after the day on which notice of the re-determination is received by the government of a CUSMA country. 1993, c. 44, s. 218
(2) Subsection 77.011(6) of the Act is replaced by
the following: Notification of request for review (6) On receiving a request from the government of a CUSMA country under subsection (1) or on receiving a request under subsection (2), the Canadian Secretary shall notify the Minister and the appropriate CUSMA country Secretary of the request and the day on which it was received by the Canadian Secretary. 1999, c. 12, s. 39; 2005, c. 38, par. 135(c)(E)
84 (1) Subparagraph 77.012(1)(a)(ii) of the English version of the Act is replaced by the following: (ii) in the case of a re-determination of the President under subsection 59(1), (1.1) or (3), the day on
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which notice of the re-determination is received by the government of a CUSMA country; and 1999, c. 12, s. 39
(2) Paragraph 77.012(1)(b) of the English version
of the Act is replaced by the following: (b) unless the person or government has, within 20 days after the day on which that period commences, given notice of the intention to make such an application or appeal in writing to the Canadian Secretary and the appropriate CUSMA country Secretary and in the prescribed manner to any other person who, but for this section, would be entitled to so apply or appeal. 1999, c. 12, s. 39; 2002, c. 8, par. 182(1)(z.10)
(3) Subsection 77.012(1) of the French version of
the Act is replaced by the following: Demandes et appels 77.012 (1) Nul ne peut demander le redressement
d’une décision finale en application de la Loi sur les Cours fédérales ou sa révision et son annulation en application de cette loi ou de l’article 96.1 de la présente loi, ni former l’appel visé à l’article 61 de la présente loi, avant expiration du délai de trente jours suivant la date de publication de la décision finale dans la Gazette du Canada, ou, dans le cas du réexamen visé au paragraphe 59(1), (1.1) ou (3), avant expiration du délai de trente jours suivant la date de réception de l’avis de réexamen par le gouvernement du pays ACEUM et notification de son intention, dans les vingt premiers jours de l’un ou l’autre de ces délais, selon le cas, adressée au secrétaire canadien et au secrétaire national du pays ACEUM et, de la manière réglementaire, à toute autre personne qui aurait droit, sans égard au présent article, de se prévaloir des mêmes recours. 1993, c. 44, s. 218; 2002, c. 8, par. 182(1)(z.10)
(4) Subsection 77.012(2) of the English version of the Act is replaced by the following:
Limitation period extended (2) For the purpose of permitting a government or person to apply under the Federal Courts Act or section 96.1 of this Act in respect of a definitive decision after the expiration of the limitation period established by paragraph 4 of Article 10.12 of the Canada–United States–Mexico Agreement for requesting a review of the decision, the limitation period referred to in subsection 18.1(2) of the Federal Courts Act and subsection 96.1(3) of this Act is extended by 10 days and shall be calculated as commencing on the day on which the limitation period established by that paragraph commences.
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1993, c. 44, s. 218
85 (1) Subsection 77.013(1) of the Act is replaced by the following:
Appointment of panel 77.013 (1) On a request under section 77.011 for the review of a definitive decision by a panel, a panel shall be appointed for that purpose in accordance with paragraphs 1 to 4 of Annex 10-B.1 of the Canada–United States–Mexico Agreement and any regulations made in connection therewith. 2017, c. 20, s. 94
(2) Subsection 77.013(3) of the Act is replaced by
the following: Single panel (3) If a request is made for the review of a final determination of the President under paragraph 41(1)(b) that applies to or is made in respect of particular goods of a CUSMA country and another request is made for the review of an order or finding of the Tribunal under subsection 43(1) that applies to or is made in respect of those goods, one panel may, with the consent of the Minister and the government of that CUSMA country, be appointed to review the final determination and the order or finding. 1993, c. 44, s. 218
86 (1) Subsection 77.015(1) of the Act is replaced
by the following: Conduct of review 77.015 (1) A panel shall conduct a review of a definitive
decision in accordance with Section D of Chapter 10 of the Canada–United States–Mexico Agreement and the rules. 1993, c. 44, s. 218
(2) Subsection 77.015(5) of the Act is replaced by the following:
Decision (5) A decision of a panel shall be recorded in writing and
shall include the reasons for the decision and any dissenting or concurring opinions of members of the panel, and the Canadian Secretary shall forward, by registered mail, a copy thereof and of the order made pursuant to subsection (3) or (4) to the Minister, the government of the CUSMA country involved, the appropriate authority and any other person who was heard in the review and shall cause notice of the decision to be published in the Canada Gazette.
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1993, c. 44, s. 218
87 Sections 77.017 and 77.018 of the Act are replaced by the following:
Request for extraordinary challenge proceeding 77.017 (1) Within the period after a panel makes an order under subsection 77.015(3) or (4) prescribed by the rules, the Minister or the government of the CUSMA country to which the order relates may request, in writing to the Canadian Secretary, that an extraordinary challenge proceeding be commenced with respect to the order. Ground for request (2) A request for an extraordinary challenge proceeding may be made only on a ground set forth in paragraph 13 of Article 10.12 of the Canada–United States–Mexico Agreement.
Notification of request for extraordinary challenge proceeding (3) On receiving a request under this section made by the Minister, the Canadian Secretary shall notify the appropriate CUSMA country Secretary of the request and the day on which it was received by the Canadian Secretary, and on receiving a request under this section made by the government of a CUSMA country, the Canadian Secretary shall notify the Minister of the request and the day on which it was received by the Canadian Secretary.
Appointment of extraordinary challenge committee 77.018 On a request under section 77.017 for an extraordinary challenge proceeding, an extraordinary challenge committee shall be appointed for that purpose in accordance with paragraph 1 of Annex 10-B.3 of the Canada–United States–Mexico Agreement and any regulations made in connection therewith. 1993, c. 44, s. 218
88 (1) Subsection 77.019(1) of the Act is replaced by the following:
Conduct of extraordinary challenge proceeding 77.019 (1) A committee shall conduct an extraordinary
challenge proceeding and make a decision in accordance with Annex 10-B.3 of the Canada–United States–Mexico Agreement and the rules. 1993, c. 44, s. 218
(2) Subsection 77.019(6) of the Act is replaced by the following:
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Decision (6) A decision of a committee shall be recorded in writing and shall include the reasons for the decision and any dissenting or concurring opinions of members of the committee, and the Canadian Secretary shall forward, by registered mail, a copy thereof and of the order made by the committee to the Minister, the government of the CUSMA country involved, the appropriate authority and any other person who was heard in the proceeding and shall cause notice of the decision to be published in the Canada Gazette. 1993, c. 44, s. 218
89 Subsection 77.021(1) of the Act is replaced by the following:
Code of conduct 77.021 (1) Every member of a panel, committee or special committee shall comply with the code of conduct, as amended from time to time, established pursuant to Article 10.17 of the Canada–United States–Mexico Agreement. 1993, c. 44, s. 218
90 Section 77.022 of the Act is replaced by the following: Remuneration and expenses of panel members 77.022 Every member of a panel shall be paid such remuneration and is entitled to such travel and living expenses incurred in the performance of the member’s duties under this Part as are fixed by the Free Trade Commission established pursuant to Article 30.1 of the Canada–United States–Mexico Agreement.
1993, c. 44, s. 218
91 Section 77.023 of the Act is replaced by the following: Request for review 77.023 (1) A request for a review by a special committee may be made to the Canadian Secretary by the government of a CUSMA country only with respect to an allegation referred to in paragraph 1 of Article 10.13 of the Canada–United States–Mexico Agreement. Appointment of special committee (2) On a request for a review referred to in subsection
(1), a special committee shall be appointed for that purpose in accordance with Annex 10-B.3 of the Canada– United States–Mexico Agreement and any regulations made in connection therewith.
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1993, c. 44, s. 218
92 Subsection 77.024(1) of the Act is replaced by the following:
Stay of panel reviews and committee proceedings 77.024 (1) Subject to subsection (2), where a special
committee makes an affirmative finding against a CUSMA country pursuant to a request made by Canada in respect of an allegation referred to in paragraph 1 of Article 10.13 of the Canada–United States–Mexico Agreement, the Minister shall stay all of the following panel reviews and committee proceedings that were requested by the government or a person of that CUSMA country after the date on which consultations were requested under paragraph 1 of Article 10.13 of the Canada–United States– Mexico Agreement: (a) panel reviews under section 77.011; and (b) committee proceedings under section 77.017. 1993, c. 44, s. 218
93 Section 77.025 of the Act is replaced by the following: Stay on request 77.025 Where a special committee makes an affirmative finding against Canada pursuant to a request made by the government of a CUSMA country, the government of that CUSMA country may request that the Minister stay all of the following panel reviews and committee proceedings that were requested by the government or a person of that CUSMA country, and where such a request for a stay is made the Minister shall stay all such reviews and proceedings: (a) panel reviews under section 77.011; and (b) committee proceedings under section 77.017. 1993, c. 44, s. 218; 2002, c. 8, par. 182(1)(z.10)
94 Sections 77.027 and 77.028 of the Act are replaced by the following: Suspension of time periods 77.027 Where a special committee makes an affirmative
finding against Canada or a CUSMA country pursuant to a request made by the government of a CUSMA country or Canada in respect of an allegation referred to in paragraph 1 of Article 10.13 of the Canada–United States– Mexico Agreement, the following time periods shall not run unless and until resumed in accordance with section 77.033:
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(a) the time periods provided for in subsection
77.011(4) for requesting a panel review and in subsection 77.017(1) for requesting committee proceedings in respect of goods of that CUSMA country; and (b) the time periods provided in the Federal Courts Act, and in section 61 and subsection 96.1(3) of this Act, for appealing, or for requesting judicial review of, any determination, re-determination, decision or order referred to in the definition definitive decision in subsection 77.01(1) in respect of goods of that CUSMA country.
Suspension of panel process 77.028 (1) The Minister may suspend the operation of
Article 10.12 of the Canada–United States–Mexico Agreement with respect to goods of a CUSMA country (a) at any time after the expiration of 60 days, but not later than 90 days, following an affirmative finding against the CUSMA country by a special committee requested by Canada under paragraph 2 of Article 10.13 of the Canada–United States–Mexico Agreement; and (b) at any time where the government of the CUSMA country has suspended the operation of Article 10.12 of the Canada–United States–Mexico Agreement with respect to goods of Canada following an affirmative finding by a special committee against Canada.
Notice of suspension (2) Where the Minister suspends the operation of Article 10.12 of the Canada–United States–Mexico Agreement under subsection (1) with respect to goods of a CUSMA country, the Canadian Secretary shall forward a written notice of the suspension to the CUSMA country Secretary of that CUSMA country and shall publish a notice of the suspension in the Canada Gazette. 1993, c. 44, s. 218
95 (1) Subsection 77.029(1) of the Act is replaced by the following:
Suspension of benefits 77.029 (1) The Governor in Council, on the recommendation of the Minister of Finance and the Minister, may, by order, at any time after the expiration of 60 days, but in no case later than 90 days, following an affirmative finding against a CUSMA country by a special committee requested by Canada under paragraph 2 of Article 10.13 of the Canada–United States–Mexico Agreement, suspend the application to that CUSMA country of such benefits under that Agreement as the Governor in Council considers appropriate in the circumstances.
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1993, c. 44, s. 218
(2) The portion of subsection 77.029(2) of the English version of the Act before paragraph (a) is replaced by the following:
Powers (2) For the purpose of suspending the application to a CUSMA country of benefits under subsection (1), the Governor in Council may do any one or more of the following things: 1993, c. 44, s. 218
(3) Paragraph 77.029(2)(a) of the Act is replaced
by the following: (a) suspend rights or privileges granted by Canada to
that country or to goods, service providers, suppliers, investors or investments of that country under the Canada–United States–Mexico Agreement or an Act of Parliament; 1993, c. 44, s. 218
(4) Subsection 77.029(6) of the Act is replaced by
the following: Action consistent with determination (6) Whenever, after an order is made under subsection (1), the special committee referred to in that subsection makes a determination pursuant to paragraph 10(a) of Article 10.13 of the Canada–United States–Mexico Agreement, the Governor in Council shall take action consistent with that determination. 1993, c. 44, s. 218; 2002, c. 8, par. 182(1)(z.10)
96 Sections 77.03 to 77.033 of the Act are replaced
by the following: Only one section applies 77.03 Where the operation of Article 10.12 of the
Canada–United States–Mexico Agreement is suspended under section 77.028 in respect of a CUSMA country, benefits under paragraph 2 of Article 10.13 of that Agreement may not be suspended under section 77.029 in respect of that CUSMA country, and if benefits under paragraph 2 of Article 10.13 of that Agreement are suspended under section 77.029 in respect of a CUSMA country, the operation of Article 10.12 of that Agreement may not be suspended under section 77.028 in respect of that CUSMA country. Referral to Federal Court of Appeal 77.031 (1) Where the Minister suspends the operation
of Article 10.12 of the Canada–United States–Mexico Agreement under paragraph 77.028(1)(a) and
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(a) where any panel review is stayed under subsection
77.024(1), the Minister, the government of the CUSMA country, or any party to the stayed panel review may, within 30 days after the date of the suspension, apply to the Federal Court of Appeal for review of the definitive decision that has been the subject of the panel review, on any grounds set out in subsection 18.1(4) of the Federal Courts Act; or (b) where any committee proceeding is stayed under
subsection 77.024(1), the Minister, the government of the CUSMA country, or any party to the stayed committee proceeding may, within 30 days after the date of the suspension, apply to the Federal Court of Appeal for review of the definitive decision that has been the subject of the original panel decision reviewed by the committee, on any grounds set out in subsection 18.1(4) of the Federal Courts Act. Idem (2) Where the government of a CUSMA country suspends the operation of Article 10.12 of the Canada–United States–Mexico Agreement with respect to goods of Canada under paragraph 8 of Article 10.13 of that Agreement and (a) where any panel review is stayed under section
77.025, the government of the CUSMA country, or persons of that CUSMA country who were party to the stayed panel review may, within 30 days after the date of the suspension, apply to the Federal Court of Appeal for review of the definitive decision that has been the subject of the panel review, on any grounds set out in subsection 18.1(4) of the Federal Courts Act; or (b) where any committee proceeding is stayed under
section 77.025, the government of the CUSMA country, or persons of that CUSMA country who were party to the stayed committee proceeding may, within 30 days after the date of the suspension, apply to the Federal Court of Appeal for review of the definitive decision that has been the subject of the original panel decision reviewed by the committee, on any grounds set out in subsection 18.1(4) of the Federal Courts Act. Idem (3) For the purposes of subsections (1) and (2), where
any application has been made to the Federal Court of Appeal for the review of any definitive decision, that definitive decision may not be subsequently reviewed by a panel or committee if the suspension of Article 10.12 of the Canada–United States–Mexico Agreement is terminated pursuant to section 77.032.
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Termination of suspension 77.032 The Minister shall terminate any suspension effected under subsection 77.028(1) if a special committee reconvened pursuant to paragraph 10 of Article 10.13 of the Canada–United States–Mexico Agreement determines that the problems in respect of which the special committee’s affirmative finding was based have been corrected. Resumption 77.033 All panel reviews and committee proceedings
stayed under subsection 77.024(1) or section 77.025 and any running of the time periods suspended under section 77.027 shall resume (a) where the operation of Article 10.12 of the
Canada–United States–Mexico Agreement is not suspended under paragraph 77.028(1)(a), on the expiration of 90 days after the date on which an affirmative finding was made or on such earlier day as the Minister may specify; or (b) where benefits are suspended under section
77.029. 1993, c. 44, s. 218
97 Paragraph 77.034(1)(c) of the Act is replaced
by the following: (c) a disclosure order or protective order covering
personal, business proprietary or other privileged or prescribed information made under the law of any CUSMA country giving effect to the Canada–United States–Mexico Agreement.
1993, c. 44, s. 218
98 (1) Paragraph 77.035(a) of the Act is replaced
by the following: (a) conferring on a panel, committee or special committee such powers, rights and privileges as the Governor in Council deems necessary for giving effect to Section D of Chapter 10 of the Canada–United States– Mexico Agreement and the rules, including powers, rights and privileges of a superior court of record;
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1993, c. 44, s. 218
(2) Paragraph 77.035(c) of the Act is replaced by the following: (c) for carrying out and giving effect to paragraphs 1
to 4 of Annex 10-B.1 of the Canada–United States– Mexico Agreement and paragraph 1 of Annex 10-B.3 of that Agreement: and 1993, c. 44, s. 218
99 Section 77.036 of the Act is replaced by the following: Publication in Canada Gazette 77.036 The rules, the code of conduct established pursuant to Article 10.17 of the Canada–United States–Mexico Agreement and any amendments made to the rules or code shall be published in the Canada Gazette. 1993, c. 44, s. 218
100 Section 77.037 of the Act is replaced by the
following: Application 77.037 If one of the following provisions comes into
force after the coming into force of this section, then that provision shall not be applied in respect of goods of a CUSMA country unless an Act of Parliament expressly declares that the provision applies in respect of goods of that CUSMA country: (a) a provision of an Act to amend this Act; (b) a provision of any other Act of Parliament respecting the imposition of anti-dumping or countervailing duties; or (c) a provision that amends a provision of an Act of Parliament providing for judicial review of a definitive decision or setting forth the grounds for such a review. 1993, c. 44, s. 219; 2005, c. 38, par. 134(z.28)
101 Section 83.1 of the Act is replaced by the following: Information to be disclosed 83.1 Where information is provided to the President for the purposes of any proceedings under this Act in respect of goods of a CUSMA country, the President shall, on receipt of a request from the government of that CUSMA country, provide that government with copies of any such information that is requested that is in documentary form or that is in any other form in which it may be readily and accurately copied, unless the information is information to which subsection 84(1) applies.
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1993, c. 44, s. 221; 2002, c. 8. par. 182(1)(z.10); 2005, c. 38, par. 134(z.37)
102 Subsection 96.11(1) of the Act is replaced by
the following: No references 96.11 (1) Subsection 18.3(1) of the Federal Courts Act does not apply to the President or the Tribunal in respect of proceedings under this Act relating to goods of a CUSMA country. 1993, c. 44, s. 222; 1999, c. 12, art. 48(F)
103 Subsections 96.21(1) to (5) of the Act are replaced by the following: Request for review of final determination 96.21 (1) The Minister for International Trade may, in the manner provided for by the law of a CUSMA country giving effect to the Canada–United States–Mexico Agreement, request that a final determination be reviewed by a panel established under that law.
Idem (2) Any person who, but for the law of a CUSMA country
giving effect to the Canada–United States–Mexico Agreement, would be entitled under the law of that CUSMA country to commence domestic proceedings for judicial review of a final determination may file with the Canadian Secretary a request that the final determination be reviewed by a panel established under that law. Deeming (3) A request under subsection (2) shall be deemed to be
a request by the Minister for binational review within the meaning of paragraph 4 of Article 10.12 of the Canada– United States–Mexico Agreement. Limitation period (4) A request under subsection (1) or (2) may only be made within 30 days after the day on which notice of the final determination is published in the official publication of the CUSMA country, or, in the case of a final determination of which notice is not so published, within 30 days after the day on which notice of the final determination is received by the Minister.
Definition of final determination (5) In this section, final determination means a final determination as defined in Article 10.8 of the Canada– United States–Mexico Agreement. 1993, c. 44, s. 223(1)
104 (1) Paragraph 97(1)(g.11) of the Act is replaced by the following:
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(g.11) deeming a government in Canada or in a CUSMA country to be a person who is entitled to make a request to the Canadian Secretary under subsection 77.011(2); 1993, c. 44, s. 223(2)
(2) Paragraphs 97(1)(g.21) and (g.22) of the Act are replaced by the following: (g.21) defining the expression goods of a CUSMA
country for the purpose of this Act; (g.22) determining, in respect of each CUSMA country, which publication shall be deemed to be the official publication of that country for the purpose of this Act;
Transitional Provisions Definition of commencement day 105 In sections 106 and 107, commencement day
means the day fixed under subsection 213(1). Pending proceedings 106 Proceedings that are pending under the Special Import Measures Act immediately before the commencement day and that are in relation to goods of a NAFTA country, as that expression is defined in subsection 2(1) of that Act as it read immediately before that day, are continued under that Act as it reads on that day and the proceedings are deemed to be in relation to goods of a CUSMA country, as that expression is defined in subsection 2(1) of that Act as it reads on that day.
New proceedings 107 If proceedings under the Special Import
Measures Act are commenced on or after the commencement day in respect of goods that were imported before the commencement day and that were, on the day on which they were imported, goods of a NAFTA country, as that expression is defined in subsection 2(1) of that Act as it read immediately before the commencement day, the proceedings are deemed to be in relation to goods of a CUSMA country, as that expression is defined in subsection 2(1) of that Act as it reads on the commencement day.
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Chapter 1: Canada–United States–Mexico Agreement Implementation Act PART 2 Related Amendments Trademarks Act Sections 108-110
R.S., c. T-13
Trademarks Act 108 Section 20 of the Trademarks Act is amended by adding the following after subsection (1):
Deemed infringement under paragraph (1)(b) (1.01) An infringement under paragraph (1)(b) is presumed, unless the contrary is proven, if a person who is not entitled to use a registered trademark imports goods on a commercial scale that bear a trademark that is identical to, or cannot be distinguished in its essential aspects from, the trademark registered for such goods.
2014, c. 32, s. 43
109 (1) Subsection 51.03(2) of the Act is amended
by striking out “or” at the end of paragraph (c) and by repealing paragraph (d). 2017, c. 6, s. 71
(2) Subsection 51.03(2.3) of the Act is amended by striking out “or” at the end of paragraph (b) and by repealing paragraph (c). (3) Section 51.03 of the Act is amended by adding the following after subsection (2.3):
Customs transit or transhipment control (2.4) For the purposes of subsections (1), (2.1) and (2.2), goods — including wine, spirits, agricultural products or food — that, while being shipped from one place outside Canada to another, are in customs transit control or customs transhipment control in Canada are considered to have been imported for the purpose of release.
2014, c. 32, s. 43
110 Paragraph 51.06(1)(b) of the Act is replaced
by the following: (b) the name and address of their owner, importer,
exporter and consignee and of the person who made them and of any other person involved in their movement;
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R.S., c. 28 (1st Supp.)
Investment Canada Act 1994, c. 47, s. 134
111 Subsections 24(2) to (5) of the Investment Canada Act are replaced by the following:
Authority to purchase cultural business (2) Notwithstanding section 90 of the Financial Administration Act, where a CUSMA investor is, pursuant to a review under this Part, required to divest control of a cultural business, as defined in subsection 14.1(6), that has been acquired in the manner described in subparagraph 28(1)(d)(ii), where the circumstances described in subsection 14(2) do not apply, Her Majesty in right of Canada may acquire all or part of the cultural business and dispose of all or any part of the cultural business so acquired. Designation of agent (3) For the purposes of subsection (2), the Governor in Council may, on the recommendation of the Minister and the Treasury Board, by order, designate any Minister of the Crown in right of Canada, or any Crown corporation within the meaning of the Financial Administration Act, to act as agent on behalf of Her Majesty with full authority to do all things necessary, subject to such terms and conditions not inconsistent with the obligations of the parties to the Agreement under Article 32.6 of the Agreement, as the Governor in Council considers appropriate.
Definitions (4) The following definitions apply in this section.
Agreement has the same meaning as in section 2 of the Canada–United States–Mexico Agreement Implementation Act. (Accord) controlled by a CUSMA investor, with respect to a Canadian business, means, notwithstanding subsection 28(2), (a) the ultimate direct or indirect control in fact of the Canadian business by a CUSMA investor through the ownership of voting interests; or (b) the ownership by a CUSMA investor of all or substantially all of the assets used in carrying on the Canadian business. (sous le contrôle d’un investisseur ACEUM) CUSMA country means a country that is a party to the Agreement. (pays ACEUM)
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CUSMA investor means (a) an individual, other than a Canadian, who is a national as defined in Article 1.5 of the Agreement; (b) a government of a CUSMA country, whether federal, state or local, or an agency thereof; (c) an entity that is not a Canadian-controlled entity, as determined pursuant to subsection 26(1) or (2), and that is a CUSMA investor-controlled entity, as determined in accordance with subsection (5); (d) a corporation or limited partnership (i) that is not a Canadian-controlled entity, as determined pursuant to subsection 26(1), (ii) that is not a CUSMA investor within the meaning of paragraph (c), (iii) of which less than a majority of its voting interests are owned by CUSMA investors, (iv) that is not controlled in fact through the ownership of its voting interests, and (v) of which two thirds of the members of its board of directors, or of which two thirds of its general partners, as the case may be, are any combination of Canadians and CUSMA investors; (e) a trust (i) that is not a Canadian-controlled entity, as determined pursuant to subsection 26(1) or (2), (ii) that is not a CUSMA investor within the meaning of paragraph (c), (iii) that is not controlled in fact through the ownership of its voting interests, and (iv) of which two thirds of its trustees are any combination of Canadians and CUSMA investors; or (f) any other form of business organization specified
by the regulations that is controlled by a CUSMA investor. (investisseur ACEUM) Interpretation (5) For the purposes only of determining whether an entity is a CUSMA investor-controlled entity under paragraph (c) of the definition CUSMA investor in subsection (4),
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(a) subsections 26(1) and (2) and section 27 apply and, for that purpose, (i) every reference in those provisions to “Canadian” or “Canadians” shall be read and construed as a reference to “CUSMA investor” or “CUSMA investors”, respectively, (ii) every reference in those provisions to “nonCanadian” or “non-Canadians” shall be read and construed as a reference to “non-Canadian, other than a CUSMA investor,” or “non-Canadians, other than CUSMA investors,” respectively, except for the reference to “non-Canadians” in subparagraph 27(d)(ii), which shall be read and construed as a reference to “not CUSMA investors”, (iii) every reference in those provisions to “Canadian-controlled” shall be read and construed as a reference to “CUSMA investor-controlled”, and (iv) the reference in subparagraph 27(d)(i) to
“Canada” shall be read and construed as a reference to “a CUSMA country”; and (b) where two persons, one being a Canadian and the
other being a CUSMA investor, own equally all of the voting shares of a corporation, the corporation is deemed to be CUSMA investor-controlled. 112 The schedule to the Act is amended by striking out, in column 1, the reference to “NAFTA Agreement within the meaning of subsection 24(4) of this Act” and the corresponding reference in column 2 to “Article 201”. 113 The schedule to the Act is amended by adding, at the end of column 1, a reference to “Agreement within the meaning of subsection 24(4) of this Act” and a corresponding reference in column 2 to “Article 1.5”. R.S., c. 1 (2nd Supp.)
Customs Act 1993, c. 44, s. 81
114 (1) The definitions NAFTA and NAFTA country in subsection 2(1) of the Customs Act are repealed. (2) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:
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CUSMA has the meaning assigned by the definition Agreement in section 2 of the Canada–United States– Mexico Agreement Implementation Act; (ACEUM) CUSMA country means a country that is a party to CUSMA; (pays ACEUM) 1993, c. 44, s. 83; 2001, c. 25, s. 30(3)
115 Subsection 35.02(4) of the Act is repealed.
1988, c. 65, s. 69; 2018, c. 23, s. 21
116 (1) Subsections 35.1(3) and (3.1) of the Act are
replaced by the following: Who furnishes (3) Subject to any regulations made under subsection
(4), proof of origin of goods shall be furnished in accordance with subsection (1) by the importer or owner of the goods. Certificate of origin completed by importer (3.1) If an importer of goods for which preferential tariff treatment under the CPTPP or CUSMA will be claimed is the person who certifies that the goods meet the rules of origin set out in, or contemplated by, the CPTPP or CUSMA, the importer shall do so in writing, in the prescribed form and containing the prescribed information, and on the basis of supporting documents that the importer has or supporting documents that are provided by the exporter or producer. 1988, c. 65, s. 69
(2) The portion of subsection 35.1(4) of the Act before paragraph (a) is replaced by the following:
Regulations (4) The Governor in Council, on the recommendation of
the Minister, may make regulations 1997, c. 14, s. 38
117 The heading “Conduct of Verification” before section 42.1 of the Act is replaced by the following:
Origin of Goods, Duty Relief and Drawback
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1997, c. 14, s. 38; 1997, c. 36, s. 161
118 (1) Subsection 42.1(1) of the Act is amended
by adding “or” after paragraph (a) and by repealing paragraph (b). (2) Subsection 42.1(1) of the Act is amended by striking out “or” after paragraph (a), by adding “or” after paragraph (b) and by adding the following after paragraph (b). (c) enter any prescribed premises or place at any reasonable time to verify the amount, if any, of (i) a relief under section 89 of the Customs Tariff from the payment of any duties payable in respect of imported goods that are subsequently exported to a CUSMA country, or (ii) a drawback under section 113 of the Customs
Tariff of duties paid in respect of imported goods that are subsequently exported to a CUSMA country. 2014, c. 14, s. 24
119 Subsections 42.3(1) to (4) of the Act are replaced by the following: Definition of customs administration 42.3 (1) In this section, customs administration has
the meaning assigned to that expression by Article E-14 of CCFTA, Article V.14 of CCRFTA or Article 5.1 of CHFTA, as the case may be. Effective date of redetermination or further redetermination of origin of goods (2) Subject to subsection (4), a redetermination or further redetermination of origin does not take effect until notice of it is given to the importer of the goods and any person who completed and signed a Certificate of Origin for the goods if the result of the redetermination or further redetermination of origin made under subsection 59(1) in respect of goods for which preferential tariff treatment under CCFTA, CCRFTA or CHFTA is claimed and that are the subject of a verification of origin under this Act is that (a) the goods are not eligible for that preferential tariff treatment on the basis of the tariff classification or value of one or more materials used in their production; and (b) that tariff classification or value differs from the
tariff classification or value applied to those materials by the country — Chile, Costa Rica or Honduras — from which the goods were exported.
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Limitation (3) A redetermination or further redetermination of origin referred to in subsection (2) shall not be applied to goods imported before the date on which the notice was given if the customs administration of the country — Chile, Costa Rica or Honduras — from which the goods were exported, has, before that date, (a) given an advance ruling under Article E-09 of CCFTA, Article V.9 of CCRFTA, paragraph 1 of Article 5.10 or paragraph 11 of Article 6.2 of CHFTA as the case may be, or given another ruling referred to in paragraph 12 of Article E-06 of CCFTA, paragraph 15 of Article V.6 of CCRFTA, or paragraph 15 of Article 5.7 of CHFTA, as the case may be, on the tariff classification or value of the materials referred to in subsection (2); or (b) given consistent treatment with respect to the tariff classification or value of the materials referred to in subsection (2) on their importation into Chile, Costa Rica or Honduras. Postponement of effective date (4) The date on which a redetermination or further redetermination of origin referred to in subsection (2) takes effect shall be postponed for a period not exceeding 90 days if the importer of the goods that are the subject of the redetermination or further redetermination or any person who completed and signed a Certificate of Origin for the goods establishes to the satisfaction of the Minister that the importer or the person, as the case may be, has relied in good faith, to the detriment of the importer or person, on the tariff classification or value applied to the materials referred to in that subsection by the customs administration of the country — Chile, Costa Rica or of Honduras — from which the goods were exported. 120 The Act is amended by adding the following after section 42.4:
Duty Evasion Definition of duty evasion 42.5 In sections 42.6 and 42.7, duty evasion means the evasion of anti-dumping, countervailing or safeguard duties that are imposed by a CUSMA country other than Canada.
Duty evasion verification 42.6 (1) If requested by a CUSMA country under paragraph 5 of Article 10.7 of CUSMA, any officer, or any officer within a class of officers, designated by the President for the purposes of this section may — for the purpose of enabling the requesting CUSMA country to determine
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whether goods exported from Canada to that country are subject to anti-dumping, countervailing, or safeguard duties imposed by that country — conduct a duty evasion verification that includes, among other things, obtaining information from an exporter or producer of goods in Canada.
Paragraph 7(a) of Article 10.7 of CUSMA (2) The duty evasion verification may be conducted only if Canada and the requesting CUSMA country have mutually agreed to conditions and procedures and the verification is conducted in accordance with those conditions and procedures.
Power to enter (3) In conducting the duty evasion verification, the officer may enter the premises of an exporter or producer of goods. Report 42.7 After a duty evasion verification has been completed, an officer shall provide the requesting CUSMA country with a report that contains any relevant information obtained from an exporter or producer of goods in Canada during the verification. 1993, c. 44, s. 88; 1997, c. 36, s. 165; 2001, c. 25, s. 39(2)(F); 2005, c. 38, s. 72
121 Section 57.01 of the Act and the heading before it are repealed. 2001, c. 25, s. 41(1)
122 (1) The portion of paragraph 59(1)(a) of the
Act before subparagraph (i) is replaced by the following: (a) in the case of a determination under section 58, redetermine the origin, tariff classification or value for duty of any imported goods at any time within
2001, c. 25, s. 41(2)
(2) Subsection 59(2) of the Act is replaced by the
following: Notice requirement (2) An officer who makes a determination under subsection 58(1) or a re-determination or further re-determination under subsection (1) shall without delay give notice of the determination, re-determination or further re-determination, including the rationale on which it is made, to the prescribed persons.
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2001, c. 25, s. 41(3)
(3) The portion of subsection 59(3) of the French version of the Act before paragraph (a) is replaced by the following:
Paiement ou remboursement (3) Les personnes visées par règlement qui ont été avisées de la détermination, de la révision ou du réexamen en application du paragraphe (2) doivent, en conformité avec la détermination, la révision ou le réexamen, selon le cas : 2001, c. 25, s. 42(1)
123 (1) Subsection 60(1) of the Act is replaced by the following:
Request for re-determination or further redetermination 60 (1) A person to whom notice is given under subsection 59(2) in respect of goods may, within 90 days after the notice is given, request a re-determination or further re-determination of origin, tariff classification or value for duty. The request may be made only after all amounts owing as duties and interest in respect of the goods are paid or security satisfactory to the Minister is given in respect of the total amount owing. 2001, c. 25, s. 42(3)
(2) Subsection 60(4) of the Act is amended by striking out “or” at the end of paragraph (b), by adding “or” at the end of paragraph (a) and by repealing paragraph (c). 1997, c. 36, s. 166; 2001, c. 25, s. 44
124 Subsection 61(1) of the Act is amended by adding “and” after paragraph (a) and by repealing paragraph (b). 2001, c. 25, s. 46
125 Subsection 65.1(3) of the Act is repealed.
1997, c. 14, s. 43(1); 1999, c. 31, s. 71(F)
126 Paragraph 74(1)(c.1) of the Act is replaced by the following: (c.1) the goods were exported from Chile but no claim for preferential tariff treatment under CCFTA was made in respect of those goods at the time they were accounted for under subsection 32(1), (3) or (5);
1997, c. 14, s. 44
127 (1) Subsection 97.1(1) of the French version of the Act is replaced by the following:
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Certification de l’origine : marchandises exportées vers un partenaire de libre-échange 97.1 (1) Quiconque exporte vers un partenaire de libreéchange des marchandises pour lesquelles sera demandé le traitement tarifaire préférentiel découlant d’un accord de libre-échange conformément aux lois du partenaire de libre-échange est tenu de certifier par écrit, selon les modalités réglementaires, en la forme et avec les renseignements déterminés par le ministre, que les marchandises en cause sont conformes aux règles d’origine prévues par l’accord de libre-échange applicable; dans le cas où l’exportateur des marchandises n’en est pas le producteur, il remplit et signe le certificat conformément aux critères réglementaires. 2018, c. 23, s. 25
(2) The portion of subsection 97.1(1.1) of the Act
before paragraph (a) is replaced by the following: Certificate of Origin — CPTPP or CUSMA (1.1) If an exporter or producer of goods that are exported to a CPTPP country or CUSMA country and for which preferential tariff treatment under the CPTPP or CUSMA will be claimed in accordance with the laws of that country is the person who certifies that the goods meet the rules of origin set out in, or contemplated by, the CPTPP or CUSMA, the exporter or producer shall do so in writing, in the prescribed form and containing the prescribed information, and
1997, c. 14, s. 44; 2018, c. 23, s. 25(2)(E)
(3) Subsection 97.1(2) of the French version of the Act is replaced by the following:
Exemplaire du certificat (2) Tout exportateur ou producteur de marchandises qui, afin de permettre à une personne de se conformer aux lois douanières applicables d’un partenaire de libreéchange, remplit et signe le certificat est tenu d’en fournir un exemplaire à l’agent qui en fait la demande. 2001, c. 25, s. 56(F); 2018, c. 23, s. 25(2)(E)
(4) Subsection 97.1(3) of the English version of the Act is replaced by the following:
Notification of correct information (3) A person who has completed and signed a certificate in accordance with subsection (1) or (1.1) and who has reason to believe that it contains incorrect information shall immediately notify each person and each CPTPP
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country or CUSMA country to whom the certificate was given of the correct information. 128 Part 1 of the schedule to the Act is amended by striking out, in column 1, the reference to “NAFTA country”, the corresponding reference in column 2 to “NAFTA” and the corresponding reference in column 3 to “United States Tariff, Mexico Tariff or Mexico-United States Tariff rates of customs duty under the Customs Tariff”. 129 Part 1 of the schedule to the Act is amended by adding, in alphabetical order, a reference to “CUSMA country” in column 1, a corresponding reference to “CUSMA” in column 2 and a corresponding reference to “United States Tariff or Mexico Tariff rates of customs duty under the Customs Tariff” in column 3. 130 Part 2 of the schedule to the Act is amended by striking out, in column 1, the reference to “NAFTA” and the corresponding reference in column 2 to “Article 514”. 131 Part 2 of the schedule to the Act is amended by adding, in alphabetical order, a reference to “CUSMA” in column 1 and a corresponding reference to “paragraph 17 of Article 5.9” in column 2. 132 Part 3 of the schedule to the Act is amended by striking out, in column 1, the reference to “NAFTA country” and the corresponding reference in column 2 to “paragraph 1 of Article 509 of NAFTA”. 133 Part 3 of the schedule to the Act is amended by adding, in alphabetical order, a reference to “CUSMA country” in column 1 and a corresponding reference to “paragraph 4 of Article 7.5 of CUSMA” in column 2. 134 Part 4 of the schedule to the Act is amended by adding, in alphabetical order, a reference to “CUSMA country” in column 1 and a corresponding reference to “CUSMA” in column 2. 135 Part 5 of the schedule to the Act is amended by striking out, in column 1, the reference to “NAFTA” and the corresponding reference in column 2 to “Chapters Three and Five”. 136 Part 5 of the schedule to the Act is amended by adding, in alphabetical order, a reference to
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“CUSMA” in column 1 and a corresponding reference to “Chapters 4 to 7” in column 2.
R.S., c. 17 (2nd Supp.)
Commercial Arbitration Act 1997, c. 14, s. 32
137 (1) Paragraph 5(4)(a) of the Commercial Arbitration Act is repealed. (2) Subsection 5(4) of the Act is amended by adding the following after paragraph (a): (a.1) a claim under paragraph 1 of Annex 14-C of the Agreement, as defined in section 2 of the Canada– United States–Mexico Agreement Implementation Act, or Article 14.D.3 of that Agreement; R.S., c. 47 (4th Supp.)
Canadian International Trade Tribunal Act Amendments to the Act 2018, c. 23, s. 32(1)
138 (1) The definition textile and apparel goods in subsection 2(1) of the Canadian International Trade Tribunal Act is replaced by the following:
textile and apparel goods means the textile and apparel goods set out in Appendix 1.1 of Annex C-00-B of the CCFTA, in Appendix III.1.1.1 of Annex III.1 of the CCRFTA, in section 1 of Annex 3.1 of the CHFTA, or in Annex 4-A or Appendix 1 to Annex 4-A of the TPP, as the case may be; (produits textiles et vêtements) 1993, c. 44, s. 32(3)
(2) Subsection 2(2) of the Act is replaced by the following:
Same meaning (2) In this Act, (a) Agreement has the same meaning as in section 2 of the Canada–United States–Mexico Agreement Implementation Act; and (b) CUSMA country means a country that is a party
to the Agreement.
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2018, c. 23, s. 32(3)
(3) Subsection 2(5) of the Act is amended by striking out the reference to “a NAFTA country” from the list of countries. (4) Subsection 2(5) of the Act is amended by adding, in alphabetical order, a reference to “a CUSMA country” in the list of countries. 1993, c. 44, s. 33
139 Section 2.1 of the Act is replaced by the following:
Suspension of certain provisions 2.1 (1) The operation of the provisions referred to in
column II of this subsection is suspended during the period in which the provisions referred to in column I opposite those provisions are in force: Column I Provisions in force section 20.01 section 20.2 section 21.1
Column II Provisions suspended section 20.1 section 21 section 22
Canada-United States Free Trade Agreement (2) The operation of section 19.1, subsection 23(1.1), subparagraph 26(1)(a)(ii) and paragraph 27(1)(b) is suspended during the period in which the Canada-United States Free Trade Agreement is suspended. 1994, c. 47, s. 31; 1997, c. 36, s. 193
140 Section 19.01 of the Act is repealed. 1993, c. 44, s. 37; 1994, c. 47, s. 33 and 34 and par. 46(b)(F) and (c)(F)
141 Sections 20 and 20.01 of the Act are replaced by the following:
Definition of principal cause 20 (1) In this section and in section 20.01, principal cause means, in respect of a serious injury or threat thereof, an important cause that is no less important than any other cause of the serious injury or threat.
Inquiry into injury matters (2) The Tribunal shall inquire into and report to the Governor in Council on any matter — that the Governor in Council refers to the Tribunal for inquiry — in relation to (a) the importation of goods into Canada in such increased quantities and under such conditions as to be a principal cause of serious injury or threat thereof to domestic producers of like or directly competitive goods, or
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(b) the provision, by persons normally resident outside Canada, of services in Canada that may cause or threaten injury to, or that may retard, the provision of any services in Canada by persons normally resident in Canada.
Definition of contribute importantly
this section, contribute importantly means to be an important cause, but not necessarily the most important cause.
20.01 (1) In
Determination in respect of CUSMA country goods (2) Where, in an inquiry conducted pursuant to a reference under section 20 into goods imported from a CUSMA country that are specified by the Governor in Council or in an inquiry conducted pursuant to a complaint under subsection 23(1) into goods so imported that are specified by the Tribunal, the Tribunal finds that the specified imported goods and goods of the same kind imported from other countries are being imported in such increased quantities and under such conditions as to be a principal cause of serious injury, or threat thereof, to domestic producers of like or directly competitive goods, the Tribunal shall determine (a) whether the quantity of the specified imported goods accounts for a substantial share of total imports of goods of the same kind; and (b) whether the specified imported goods, alone or, in exceptional circumstances, together with the goods of the same kind imported from each other CUSMA country, contribute importantly to the serious injury or threat thereof.
Idem (2.1) In an inquiry under section 30.07 into goods imported from a CUSMA country conducted pursuant to an extension request, the Tribunal shall determine in respect of each CUSMA country (a) whether the quantity of the goods imported from
the CUSMA country accounts for a substantial share of total imports of goods of the same kind; and (b) whether the goods imported from the CUSMA
country alone or, in exceptional circumstances, together with the goods of the same kind imported from each other CUSMA country, contribute importantly to serious injury, or threat thereof, to domestic producers of like or directly competitive goods.
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Considerations (3) In making a determination under this section, the Tribunal shall take fully into account paragraph 2 of Article 10.2 of the Agreement. 1993, c. 44, s. 38
142 (1) Subsection 20.2(1) of the Act is replaced
by the following: Terms of reference 20.2 (1) The Tribunal shall conduct an inquiry under section 18, 19 or 20 and shall prepare its report thereon in accordance with the terms of reference therefor established by the Governor in Council or the Minister, as the case may be. 1993, c. 44, s. 38
(2) Subsections 20.2(3) and (4) of the Act are replaced by the following: Tabling of report (3) The Minister shall cause a copy of each report submitted to the Governor in Council or the Minister pursuant to section 18, 19 or 20 to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the report is so submitted.
Notice of report (4) The Tribunal shall cause notice of the submission of a
report pursuant to section 18, 19 or 20 to be published in the Canada Gazette. 1997, c. 36, s. 196(1)
143 Subsections 23(1.01) to (1.03) of the Act are repealed. 2014, c. 14, s. 36
144 Paragraph 25(2)(c) of the Act is replaced by
the following: (c) in the case of a complaint filed under subsection
23(1.06), (1.08), (1.083), (1.09), (1.091), (1.092) or (1.096), send to the Minister a copy of the complaint and the information examined by the Tribunal in making its determination.
1997, c. 36, s. 197(1)
145 (1) Subparagraphs 26(1)(a)(i.1) to (i.3) of the Act are repealed.
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2001, c. 28, s. 24(2)
(2) Subsection 26(2.1) of the Act is replaced by the following:
Copies to Minister (2.1) Notwithstanding subsection (2), in the case of a
complaint filed under subsection 23(1.06) or (1.08), the Tribunal shall send to the Minister only a copy of its decision and a copy of any relevant information examined by the Tribunal in relation to the complaint that was not previously sent to the Minister under subsection 25(2). 1997, c. 36, s. 198(1)
146 (1) Paragraphs 27(1)(a.1) to (a.3) of the Act
are repealed. 1993, c. 44, s. 43(2)
(2) Subsection 27(2.1) of the Act is repealed.
1993, c. 44, s. 44
147 (1) Subsection 30.01(1) of the Act is replaced by the following:
Definition of surge 30.01 (1) In this section, surge means a significant increase in imports over the trend for a recent representative base period.
1994, c. 47, s. 37
(2) Paragraph 30.01(2)(b) of the Act is replaced by
the following: (b) the surtax or inclusion does not apply to or include goods imported from a CUSMA country on the basis of a determination made under subsection 20.01(2) or (2.1) of this Act. 1994, c. 47, s. 37
(3) Subsection 30.01(2.1) of the Act is replaced by
the following: Allegations (2.1) The complaint must allege that a surge of imports of goods imported from a CUSMA country undermines the effectiveness of the surtax or the inclusion of the goods on the Import Control List. 1993, c. 44, s. 47; 2014, c. 20, s. 454
148 Section 44.1 of the Act is replaced by the following:
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Information to be disclosed 44.1 (1) Where information is provided to the Tribunal for the purposes of proceedings before the Tribunal under the Special Import Measures Act in respect of goods imported from a CUSMA country, other than proceedings under section 33, subsection 34(1), section 35 or subsection 45(1) or 61(1) of that Act, the Tribunal shall, on request, provide the government of that country with copies of any such information that is in documentary form or in any other form in which it may be readily and accurately copied, unless the information is information to which subsection 45(1) of this Act or subsection 84(1) of that Act applies.
Definition of government (2) For the purposes of subsection (1), government has the meaning assigned to the expression government of a CUSMA country by subsection 2(1) of the Special Import Measures Act.
Transitional Provisions Definition of commencement day 149 In sections 150 and 151, commencement day
means the day fixed under subsection 213(1). Pending proceedings 150 (1) Subject to subsection (2), proceedings that are pending under the Canadian International Trade Tribunal Act immediately before the commencement day and that are in relation to goods of a NAFTA country, as that expression is defined in subsection 2(2) of that Act as it read immediately before that day, are continued under that Act as it reads on that day and are deemed to be in relation to goods of a CUSMA country, as that expression is defined in subsection 2(2) of that Act as it reads on that day.
Exception (2) Subsection (1) does not apply in respect of inquiries under section 19.01 or any of subparagraphs 26(1)(a)(i.1), (i.2) or (i.3) of that Act. New proceedings 151 If proceedings under the Canadian International Trade Tribunal Act are commenced on or after the commencement day in respect of goods that were imported before the commencement day and that were, on the day on which they were imported, goods of a NAFTA country, as that expression is defined in subsection 2(2) of that Act as it read immediately before the
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commencement day, the proceedings are deemed to be in relation to goods of a CUSMA country, as that expression is defined in subsection 2(2) of that Act as it reads on the commencement day. 1991, c. 11
Broadcasting Act 152 Section 27 of the Broadcasting Act is replaced by the following: Directions – Free Trade Agreement 27 (1) The Governor in Council may, on the recommendation of the Minister, issue directions (a) requiring the Commission to implement paragraphs 1 and 4 of Annex 15-D of the Agreement and specifying the manner in which, and the date on or before which, those paragraphs are to be implemented; (b) respecting the manner in which the Commission
shall apply or interpret paragraph 3 of that Annex; and (c) requiring the Commission to cancel any measure
taken by the Commission in the implementation of paragraph 4 of that Annex on the date the Agreement ceases to have effect, or such later date as the Governor in Council may specify. Consultation (2) The Minister shall consult with the Commission with
regard to any direction proposed to be issued by the Governor in Council under subsection (1). Directions binding (3) A direction issued under subsection (1) is binding on the Commission from the time it comes into force.
Definition of Agreement (4) In this section, Agreement has the same meaning as
in section 2 of the Canada–United States–Mexico Agreement Implementation Act. 1991, c. 45
Trust and Loan Companies Act 153 Section 2 of the Trust and Loan Companies Act is amended by adding the following in alphabetical order:
regulated foreign entity means an entity that is
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(a) incorporated or formed otherwise in a country or territory, other than Canada, in which a trade agreement listed in Schedule IV of the Bank Act is applicable, and (b) subject to financial services regulation in that
country or territory; (entité étrangère réglementée) 154 Section 244 of the Act is amended by adding
the following after subsection (3):
Exception (3.1) Subject to subsection 250(1.1), subsection (1) does not apply to a company that is a subsidiary of a regulated foreign entity. 2007, c. 6, s. 353
155 Subsection 250(2) of the Act is replaced by
the following: Direction — immediate, direct, complete and ongoing access (1.1) Where a company referred to in subsection 244(3.1)
or 256(3) maintains records referred to in section 243 or the central securities register at a place outside Canada, the Superintendent may, in the case referred to in paragraph (a), and shall, in the case referred to in paragraph (b), by order, direct the company to maintain a copy of those records or register at any place in Canada as the directors think fit (a) if the Superintendent is of the opinion that he or
she does not have immediate, direct, complete and ongoing access to those records or register; or (b) if the Superintendent is advised by the Minister
that the Minister is of the opinion that it is not in the national interest for the company not to maintain a copy of those records or register at any place in Canada. Company to comply (2) A company shall without delay comply with any order issued under subsection (1) or (1.1). 156 Section 252 of the Act is replaced by the following: Regulations 252 The Governor in Council may make regulations respecting the records, papers and documents to be retained by a company, including the length of time those records, papers and documents are to be retained, and
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what constitutes immediate, direct, complete and ongoing access, for the purpose of paragraph 250(1.1)(a). 157 Section 256 of the Act is amended by adding the following after subsection (2):
Exception (3) Subject to subsection 250(1.1), subsection (1) does
not apply to a company that is a subsidiary of a regulated foreign entity. 1991, c. 46
Bank Act 158 Section 2 of the Bank Act is amended by
adding the following in alphabetical order: regulated foreign entity means an entity that is (a) incorporated or formed otherwise in a country or territory, other than Canada, in which a trade agreement listed in Schedule IV is applicable, and (b) subject to financial services regulation in that
country or territory; (entité étrangère réglementée) 159 The Act is amended by adding the following after section 14.1:
Schedule IV 14.11 For the purpose of implementing Canada’s international trade obligations, the Governor in Council may, by order, amend Schedule IV by adding or deleting the name of a trade agreement. 160 Section 239 of the Act is amended by adding
the following after subsection (3):
Exception (3.1) Subject to subsection 245(1.1), subsection (1) does not apply to a bank that is a subsidiary of a foreign bank incorporated or formed otherwise in a country or territory other than Canada in which a trade agreement listed in Schedule IV is applicable or of a regulated foreign entity.
2007, c. 6, s. 17
161 Subsection 245(2) of the Act is replaced by the following:
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Direction — immediate, direct, complete and ongoing access (1.1) Where a bank referred to in subsection 239(3.1) or
251(3) maintains records referred to in section 238 or the central securities register at a place outside Canada, the Superintendent may, in the case referred to in paragraph (a), and must, in the case referred to in paragraph (b), by order, direct the bank to maintain a copy of those records or register at any place in Canada as the directors think fit (a) if the Superintendent is of the opinion that he or
she does not have immediate, direct, complete and ongoing access to those records or register; or (b) if the Superintendent is advised by the Minister that the Minister is of the opinion that it is not in the national interest for the bank not to maintain a copy of those records or register at any place in Canada.
Bank to comply (2) A bank shall without delay comply with any order issued under subsection (1) or (1.1). 162 Section 247 of the Act is replaced by the following: Regulations 247 The Governor in Council may make regulations respecting the records, papers and documents to be retained by a bank, including the length of time those records, papers and documents are to be retained, and what constitutes immediate, direct, complete and ongoing access, for the purpose of paragraph 245(1.1)(a). 163 Section 251 of the Act is amended by adding
the following after subsection (2):
Exception (3) Subject to subsection 245(1.1), subsection (1) does not apply to a bank that is a subsidiary of a foreign bank incorporated or formed otherwise in a country or territory other than Canada in which a trade agreement listed in Schedule IV is applicable or of a regulated foreign entity.
164 Section 597 of the Act is amended by adding the following after subsection (2):
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Exception (2.1) Subject to subsection 245(1.1), subsection (2) does not apply to an authorized foreign bank that is: (a) incorporated in a country or territory other than Canada in which a trade agreement listed in Schedule IV is applicable; or (b) a subsidiary of a foreign bank incorporated or formed otherwise in a country or territory other than Canada in which a trade agreement listed in Schedule IV is applicable or of a regulated foreign entity.
2007, c. 6, s. 95
165 Section 598 of the Act is replaced by the following: Application of sections 244 to 247 598 Sections 244 to 247 apply, with any modifications
that the circumstances require, to an authorized foreign bank, and in the application of those sections, (a) the reference in subsections 245(1) and (1.1) to
“records referred to in section 238” shall be read as a reference to “records referred to in subsection 597(1)”; (b) the reference in subsection 245(1.1) to “subsection
239(3.1)” shall be read as a reference to “subsection 597(2.1)”; (c) the reference in subsection 245(1.1) to “directors” shall be read as a reference to “principal officer”; and (d) the reference in paragraph 246(1)(a) to “records of
the bank referred to in subsection 238(1)” shall be read as a reference to “records of the authorized foreign bank” referred to in subsection 597(1)”. 166 Section 816 of the Act is amended by adding
the following after subsection (1):
Exception (1.1) Subject to subsection 822(1.1), subsection (1) does not apply to a bank holding company that is a subsidiary of a foreign bank incorporated or formed otherwise in a country or territory other than Canada in which a trade agreement listed in Schedule IV is applicable or of a regulated foreign entity.
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2007, c. 6, s. 117
167 Subsection 822(2) of the Act is replaced by
the following: Direction — immediate, direct, complete and ongoing access (1.1) Where a bank holding company referred to in subsection 816(1.1) or 828(3) maintains records referred to in section 815 or the central securities register at a place outside Canada, the Superintendent may, in the case referred to in paragraph (a), and shall, in the case referred to in paragraph (b), by order, direct the bank holding company to maintain a copy of those records or register at any place in Canada as the directors think fit (a) if the Superintendent is of the opinion that he or
she does not have immediate, direct, complete and ongoing access to those records or register; or (b) if the Superintendent is advised by the Minister
that the Minister is of the opinion that it is not in the national interest for the bank holding company not to maintain a copy of those records or register at any place in Canada. Bank holding company to comply (2) A bank holding company shall without delay comply
with any order issued under subsection (1) or (1.1). 2001, c. 9, s. 183
168 Section 824 of the Act is replaced by the following: Regulations 824 The Governor in Council may make regulations respecting the records, papers and documents to be retained by a bank holding company, including the length of time those records, papers and documents are to be retained, and what constitutes immediate, direct, complete and ongoing access, for the purpose of paragraph 822(1.1)(a). 169 Section 828 of the Act is amended by adding
the following after subsection (2):
Exception (3) Subject to subsection 822(1.1), subsection (1) does not apply to a bank holding company that is a subsidiary of a foreign bank incorporated or formed otherwise in a country or territory other than Canada in which a trade agreement listed in Schedule IV is applicable or of a regulated foreign entity.
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170 The Act is amended by adding, after Schedule III, the Schedule IV set out in Schedule 1 to this Act. 1991, c. 47
Insurance Companies Act 171 Section 2 of the Insurance Companies Act is
amended by adding the following in alphabetical order: regulated foreign entity means an entity that is (a) incorporated or formed otherwise in a country or territory, other than Canada, in which a trade agreement listed in Schedule IV of the Bank Act is applicable; and (b) subject to financial services regulation in that
country or territory. (entité étrangère réglementée) 172 Section 262 of the Act is amended by adding the following after subsection (3):
Exception (3.1) Subject to subsection 268(1.1), subsection (1) does
not apply to a company that is a subsidiary of a regulated foreign entity. 2007, c. 6, s. 212
173 Subsection 268(2) of the Act is replaced by
the following: Direction — immediate, direct, complete and ongoing access (1.1) Where a company referred to in subsection 262(3.1) or 274(3) maintains records referred to in section 261 or the central securities register at a place outside Canada, the Superintendent may, in the case referred to in paragraph (a), and shall, in the case referred to in paragraph (b), by order, direct the company to maintain a copy of those records or register at any place in Canada as the directors think fit (a) if the Superintendent is of the opinion that he or she does not have immediate, direct, complete and ongoing access to those records or register; or (b) if the Superintendent is advised by the Minister
that the Minister is of the opinion that it is not in the national interest for the company not to maintain a copy of those records or register in Canada.
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Company to comply (2) A company shall without delay comply with any order issued under subsection (1) or (1.1). 174 Section 270 of the Act is replaced by the following: Regulations 270 The Governor in Council may make regulations respecting the records, papers and documents to be retained by a company, including the length of time those records, papers and documents are to be retained, and what constitutes immediate, direct, complete and ongoing access, for the purpose of paragraph 268(1.1)(a). 175 Section 274 of the Act is amended by adding the following after subsection (2):
Exception (3) Subject to subsection 268(1.1), subsection (1) does
not apply to a company that is a subsidiary of a regulated foreign entity. 176 Section 549.1 of the Act is renumbered as
subsection 549.1(1) and is amended by adding the following: For greater certainty (2) For greater certainty, subsection 262(3.1) does not
apply to societies. 177 Section 647 of the Act is amended by adding
the following after subsection (3):
Exception (4) Subject to subsection 268(1.1), subsection (3) does not apply to a foreign company incorporated or formed otherwise in a country or territory other than Canada in which a trade agreement listed in Schedule IV of the Bank Act is applicable or that is a subsidiary of a regulated foreign entity. 178 Subsection 656(2) of the Act is replaced by the following:
Idem (2) Subsections 15(1) and (2), sections 254 to 256 and
subsections 268(1) and (2) apply, with such modifications as the circumstances require, to every provincial company for which an order for the commencement and carrying on of business under this Part has been made to the
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same extent that they are applicable to, or in respect of, a company, but to the extent to which any provision referred to in this section would effect an enlargement, in any respect, of the corporate powers or rights of any provincial company under its incorporating instrument, that provision does not apply to the provincial company. 179 Section 870 of the Act is amended by adding the following after subsection (1):
Exception (1.1) Subject to subsection 876(1.1), subsection (1) does
not apply to an insurance holding company that is a subsidiary of a regulated foreign entity.
2007, c. 6, s. 322
180 Subsection 876(2) of the Act is replaced by the following:
Direction — immediate, direct, complete and ongoing access (1.1) Where an insurance holding company referred to in subsection 870(1.1) or 274(3) maintains records referred to in section 869 or the central securities register at a place outside Canada, the Superintendent may, in the case referred to in paragraph (a), and shall, in the case referred to in paragraph (b), by order, direct the insurance holding company to maintain a copy of those records or register at any place in Canada as the directors think fit (a) if the Superintendent is of the opinion that he or
she does not have immediate, direct, complete and ongoing access to those records or register; or (b) if the Superintendent is advised by the Minister
that the Minister is of the opinion that it is not in the national interest for the insurance holding company not to maintain a copy of those records or register at any place in Canada. Insurance holding company (2) An insurance holding company shall without delay
comply with any order issued under subsection (1) or (1.1). 2001, c. 9, s. 465
181 Section 878 of the Act is replaced by the following:
Regulations 878 The Governor in Council may make regulations respecting the records, papers and documents to be
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retained by an insurance holding company, including the length of time those records, papers and documents are to be retained, and what constitutes immediate, direct, complete and ongoing access, for the purpose of paragraph 876(1.1)(a). 182 Section 879 of the Act is amended by adding the following after paragraph (a): (b) the reference to “subsection 268(1.1)” in subsection 274(3) is to be read as a reference to “subsection 876(1.1)”; 1997, c. 36
Customs Tariff 183 (1) The definitions Canada-United States Free Trade Agreement, NAFTA country and North American Free Trade Agreement in subsection 2(1) of the Customs Tariff are repealed. (2) The definition Mexico in subsection 2(1) of the
Act is replaced by the following: Mexico has the meaning assigned by paragraph (b) of the definition territory in Section C of Chapter 1 of the Canada–United States–Mexico Agreement. (Mexique) (3) Paragraph (a) of the definition free trade partner in subsection 2(1) of the Act is replaced by the following: (a) the United States; (a.1) Mexico; (4) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:
Canada–United States–Mexico Agreement has the meaning assigned by the definition Agreement in section 2 of the Canada–United States–Mexico Agreement Implementation Act. (Accord Canada–États-Unis– Mexique) 2012, c. 18, s. 33, c. 26, s. 39 and s. 62(37); 2014, c. 28, s. 44
184 (1) Section 5 of the Act is amended by striking out the following from the list of countries: a NAFTA country (2) Section 5 of the Act is amended by adding, in
alphabetical order, references to “Mexico” and “United States” in the list of countries.
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2012, c. 26, s. 63(2)
185 Subparagraphs 14(2)(c)(iv) and (v) of the Act are repealed. 186 Paragraph 16(4)(a) of the Act is replaced by
the following: (a) Chapters 4 and 6 of the Canada–United States– Mexico Agreement and any other matters agreed on from time to time by the parties to that Agreement for the purposes of that Agreement; 2011, c. 24, s. 115
187 Subparagraph 24(1)(b)(v) of the Act is replaced by the following: (v) subsection 45(7), 2012, c. 26, s. 63(3)
188 (1) Section 27 of the Act is amended by striking out the following: MT refers to the Mexico Tariff. (TM) MUST refers to the Mexico–United States Tariff. (TMÉU) (2) Section 27 of the Act is amended by adding the
following in alphabetical order: MXT refers to the Mexico Tariff. (TMX) 189 The heading before section 45 of the Act is replaced by the following:
United States Tariff and Mexico Tariff 190 Subsections 45(3) to (13) of the Act are replaced by the following: “F” staging for UST (3) If “F” is set out in the column entitled “Preferential
Tariff” in the List of Tariff Provisions following the abbreviation “UST” in relation to goods entitled to the United States Tariff, the United States Tariff rate of customs duty that applies to those goods is the initial rate, reduced as provided in the “F” Staging List. Application of MXT (4) Subject to section 24, goods that are entitled to the Mexico Tariff are entitled to the Mexico Tariff rates of customs duty.
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“A” final rate for MXT (5) If “A” is set out in the column entitled “Preferential Tariff” in the List of Tariff Provisions following the abbreviation “MXT” in relation to goods entitled to the Mexico Tariff, the rate of customs duty that applies to those goods under that Tariff is the final rate of “Free”.
“F” staging for MXT (6) If “F” is set out in the column entitled “Preferential
Tariff” in the List of Tariff Provisions following the abbreviation “MXT” in relation to goods entitled to the Mexico Tariff, the Mexico Tariff rate of customs duty that applies to those goods is the initial rate, reduced as provided in the “F” Staging List. Extension of UST and MXT (7) Despite any other provision of this Act, for the purpose of giving effect to Annex 6-A of the Canada–United States–Mexico Agreement, the Minister may, by order, amend the schedule to extend entitlement to the United States Tariff or the Mexico Tariff to any imported goods under any conditions that are specified in the order. 191 (1) Paragraph 53(2)(c) of the Act is replaced
by the following: (c) include on the Import Control List established under section 5 of the Export and Import Permits Act goods that originate in any country or are entitled to a tariff treatment provided for by any regulations made under section 16, or a class of such goods; and (2) Section 53 of the Act is amended by adding the
following after subsection (3): Retroactivity (3.1) An order made under subsection (2) may, if it so
provides, be retroactive and have effect in respect of a period before it is made, but no such order may have effect in respect of a period before this subsection comes into force. 2011, c. 24, s. 124
192 (1) The definition contribute importantly in
section 54 of the Act is amended by striking out the reference to “a NAFTA country” from the list of countries. (2) The definition contribute importantly in section
54 of the Act is amended by adding, in alphabetical order, references to “Mexico” and “United States” in the list of countries.
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2011, c. 24, s. 124
(3) Paragraph (a) of the definition surge in section 54 of the Act is replaced by the following:
(a) the United States or Mexico, means a significant
increase in imports over the trend for a recent representative base period; or 193 (1) Paragraph 59(1)(b) of the Act is replaced by the following:
(b) in the case of goods imported from a country that is a party to the Canada–United States–Mexico Agreement, the quantity of those goods, alone or, in exceptional circumstances, together with the quantity of goods of the same kind imported from each other country that is a party to that Agreement, contributes importantly to serious injury or threat of serious injury to domestic producers of like or directly competitive goods; and
(2) Paragraph 59(2)(b) of the Act is replaced by the following:
(b) in the case of goods imported from a country that is a party to the Canada–United States–Mexico Agreement, the quantity of those goods, alone or, in exceptional circumstances, together with the quantity of goods of the same kind imported from each other country that is a party to that Agreement, contributes importantly to the serious injury or threat of serious injury to domestic producers of like or directly competitive goods; and
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(3) Paragraph 59(3)(a) of the Act is replaced by
the following: (a) in the case of goods imported from a country that is a party to the Canada–United States–Mexico Agreement, that the quantity of those goods, alone or, in exceptional circumstances, together with the quantity of goods of the same kind imported from each other country that is a party to that Agreement, does not contribute importantly to the serious injury or threat of serious injury to domestic producers of like or directly competitive goods; and
194 Subsection 61(2) of the Act is replaced by the following:
Limitation (2) If the Governor in Council makes an order under
subsection 55(1) or 63(1) that applies to goods imported from a free trade partner that meet the conditions set out in subsection 59(1) or 63(4) or makes an order under section 60, the Governor in Council shall be guided, as the case may be, by (a) subparagraph 5(b) of Article 10.2 of the Canada– United States–Mexico Agreement; (b) subparagraph 5(b) of Article F-02 of the Canada–
Chile Free Trade Agreement; or (c) subparagraph 5(b) of Article 4.6 of the Canada–Israel Free Trade Agreement. 195 Paragraph 63(4)(b) of the Act is replaced by the following:
(b) in the case of goods imported from a country that is a party to the Canada–United States–Mexico Agreement, the quantity of those goods, alone or, in
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exceptional circumstances, together with the quantity of goods of the same kind imported from each other country that is a party to that Agreement, contributes importantly to the serious injury or threat of serious injury to domestic producers of like or directly competitive goods; and
2018, c. 27, ss. 70 and 71
196 The heading before section and sections 69 and 70 of the Act are repealed. 2012, c. 26, s. 63(4)
197 Paragraphs 79(e) and (f) of the Act are repealed. 198 (1) The portion of subsection 95(1) of the Act
before paragraph (a) is replaced by the following: Repayment of relief 95 (1) If relief is granted under section 89 or 92 in respect of goods that are subsequently exported to the United States or Mexico, 2005, c. 38, par. 145(2)(j)
(2) Subsections 95(3) to (5) of the Act are replaced
by the following: Reduction of amount repayable (4) The amount of the customs duties levied under subsection (1) shall be reduced in accordance with subsection (5) if, within 60 days after the goods are exported, evidence satisfactory to the Minister of Public Safety and Emergency Preparedness is submitted to that Minister that customs duties in respect of the exportation of the goods have been paid to the government of the United States or of Mexico. Amount of reduction (5) Subject to subsection (4), the amount of customs duties levied under subsection (1) shall be reduced by the amount of customs duties paid to the government of the United States or of Mexico or, if that amount is equal to or greater than the amount of the customs duties levied, the amount levied shall be reduced to zero.
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(3) Paragraph 95(6)(a) of the Act is replaced by
the following: (a) imported goods that originate in the United States or Mexico that are (i) subsequently exported to the United States or
Mexico, (ii) used as materials in the production of goods
that are subsequently exported to the United States or Mexico, or (iii) substituted by identical or similar goods used
as materials in the production of other goods that are subsequently exported to the United States or Mexico; (4) Paragraph 95(6)(d) of the Act is replaced by the following: (d) imported goods used as materials in the production of, or for which identical or similar goods are substituted and used as materials in the production of, quilted cotton piece goods and quilted man-made piece goods provided for under subheading 5811.00 and furniture moving pads provided for under subheading 6307.90, that are exported to the United States and subject to the Most-Favoured-Nation Tariff in accordance with the laws of that country; (5) Subparagraph 95(6)(f)(iv) of the Act is replaced by the following: (iv) used or destined for use, in such other manner as may be prescribed, solely and exclusively in conjunction with a project undertaken jointly by the Government of Canada and the government of the United States or of Mexico, or with a project in Canada undertaken by the government of the United States or of Mexico and destined to become the property of the government of the United States or of Mexico; and (6) Paragraph 95(6)(g) of the Act is replaced by
the following: (g) such other imported goods or any imported goods used as materials, or any class of such goods, as may, on the recommendation of the Minister, be prescribed by the Governor in Council on the basis of an agreement between the Government of Canada and the government of the United States or of Mexico relating to the application of this subsection.
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(7) Subsection 95(7) of the Act is replaced by the
following: Definitions of identical or similar goods and used (7) In this section, identical or similar goods and used
have the same meanings as in paragraph 7 of Article 2.5 of the Canada–United States–Mexico Agreement.
199 Sections 96 and 97 of the Act are replaced by
the following: Maximum drawback 96 Subject to subsection 95(6), a drawback, granted under section 113, of customs duties paid in respect of imported goods that are or were exported to the United States or Mexico, may not exceed the lesser of (a) the amount of customs duties paid or owed in respect of the imported goods at the time of importation, and (b) the amount of customs duties paid to the country
that is a party to the Canada–United States–Mexico Agreement to which the imported goods were subsequently exported. No relief or drawback of SIMA duties 97 Subject to subsection 95(6), relief may not be granted under section 89 or 92 and a drawback may not be granted under section 113 of duties paid under the Special Import Measures Act on imported goods that are or were exported to the United States or Mexico.
200 The portion of subsection 98(1) of the Act before paragraph (a) is replaced by the following:
Exports to United States or Mexico 98 (1) Subject to subsection 95(6), if relief or a drawback of duties levied under the Special Import Measures Act has been granted in respect of imported goods and the goods are or were exported to the United States or Mexico and the relief or drawback could not be granted because of section 97, 201 Paragraph 132(1)(m) of the Act is amended
by adding the following after subparagraph (i):
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(i.1) amending that tariff item to exclude goods that are mined, manufactured or produced wholly or in part by forced labour from that tariff item, or prescribing the conditions under which such goods may be excluded from that tariff item, 2012, c. 18, s. 39, c. 26, ss. 48 and 62(43); 2014, c. 14, s. 46(1), c. 28, s. 54(1); 2018, c. 23, s. 46(1)
202 (1) Paragraph 133(j) of the Act is amended by striking out the reference to “a NAFTA country” from the list of countries. (2) Paragraph 133(j) of the Act is amended by
adding, in alphabetical order, references to “Mexico” and “United States” in the list of countries. 2012, c. 18, s. 39, c. 26, ss. 48 and 62(43); 2014, c. 14, s. 46(2), c. 28, s. 54(2); 2018, c. 23, s. 46(2)
(3) Paragraph 133(j.1) of the Act is amended by striking out the reference to “a NAFTA country” from the list of countries. (4) Paragraph 133(j.1) of the Act is amended by adding, in alphabetical order, references to “Mexico” and “United States” in the list of countries. 203 (1) The List of Countries and Applicable Tariff Treatments set out in the schedule to the Act is amended by striking out, in the column “Tariff Treatment / Other”, the references to “MT” and “MUST” opposite the reference to “Mexico”. (2) The List of Countries and Applicable Tariff Treatments set out in the schedule to the Act is amended by striking out, in the column “Tariff Treatment / Other”, the reference to “MUST” opposite the reference to “Puerto Rico”. (3) The List of Countries and Applicable Tariff Treatments set out in the schedule to the Act is amended by striking out, in the column “Tariff Treatment / Other”, the reference to “MUST” opposite the reference to “United States of America”. (4) The List of Countries and Applicable Tariff Treatments set out in the schedule to the Act is amended by adding, in the column “Tariff Treatment / Other”, a reference to “MXT” opposite the reference to “Mexico”. 204 (1) The List of Tariff Provisions set out in the
schedule to the Act is amended by striking out all the references to “UST:”, “MT:” and “MUST:”
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and all the rates of customs duty and staging categories that are set out after those references and are in respect of the tariffs in question. (2) The List of Tariff Provisions set out in the schedule to the Act is amended by (a) adding in the column “Preferential Tariff / Initial Rate”, above the reference to “CT”, a reference to “UST:”; (b) adding in the column “Preferential Tariff / Final Rate”, above the reference to “CT”, a reference to “UST:”; (c) adding in the column “Preferential Tariff / Initial Rate” a reference to “Free” after the abbreviation “UST”, and adding in the column “Preferential Tariff / Final Rate” a reference to “Free (A)” after the abbreviation “UST”, for all tariff items except those tariff items set out in Schedules 2 to 4 to this Act; (d) adding in the columns “Preferential Tariff /
Initial Rate” and “Preferential Tariff / Final Rate”, a reference to “N/A” after the abbreviation “UST” for those tariff items set out in Schedule 2 to this Act; and (e) adding in the columns “Preferential Tariff /
Initial Rate” and “Preferential Tariff / Final Rate” after the abbreviation “UST”, for each tariff item set out in Schedule 3 to this Act, the rates of customs duty and staging categories set out with respect to that tariff item in that Schedule.
(3) The List of Tariff Provisions set out in the
schedule to the Act is amended by (a) adding in the column “Preferential Tariff /
Initial Rate”, below the reference to “UST”, a reference to “MXT:”; (b) adding in the column “Preferential Tariff / Final Rate”, below the reference to “UST”, a reference to “MXT:”; (c) adding in the column “Preferential Tariff / Initial Rate” a reference to “Free” after the abbreviation “MXT”, and adding in the column “Preferential Tariff / Final Rate” a reference to “Free (A)” after the abbreviation “MXT”, for
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Chapter 1: Canada–United States–Mexico Agreement Implementation Act PART 2 Related Amendments Customs Tariff Section 204
all tariff items except those tariff items set out in Schedule 5 to this Act; and (d) adding in the columns “Preferential Tariff /
Initial Rate” and “Preferential Tariff / Final Rate”, a reference to “N/A” after the abbreviation “MXT” for those tariff items set out in Schedule 5 to this Act. (4) Supplementary Note 1 to Chapter 16 of the
List of Tariff Provisions set out in the schedule to the Act is replaced by the following: 1. “Specially defined mixtures” of tariff item Nos.
1602.31.11, 1602.31.92, 1602.32.11 and 1602.32.92 means a product containing partially or fully cooked, including par-fried, chicken or turkey where 13% or more of the total weight of the product is comprised of goods other than the following listed goods: chicken, turkey, breading, batter, oil, glazing, sauces, other coatings or bastes, or any added water (including that used in marination, glazing, sauces, other coatings, bastes, breading or batter). For the purposes of this definition, whether 13% or more of the total weight of the product is comprised of goods other than the listed goods shall be determined by calculating the total weight of listed goods contained in that product as a percentage of the total weight of the product. (5) Supplementary Note 1 to Section XI of the List of Tariff Provisions set out in the schedule to the Act and the heading before that supplementary note are struck out. (6) Subparagraph (b)(iv) of the Description of
Goods of tariff item No. 9801.10.20 in the List of Tariff Provisions set out in the schedule to the Act is replaced by the following: (iv) have an internal volume of at least 1 m3; (7) Paragraph (f) set out below the reference to “Used or second-hand motor vehicles of all kinds, manufactured prior to the calendar year in which importation into Canada is sought to be made, other than motor vehicles” of the Description of Goods of tariff item No. 9897.00.00 in the List of Tariff Provisions set out in the schedule to the Act is replaced by the following: (f) imported from Mexico (8) The Description of Goods of tariff item No. 9897.00.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by adding the
2019-2020
Chapter 1: Canada–United States–Mexico Agreement Implementation Act PART 2 Related Amendments Customs Tariff Sections 204-206
following after the reference “Goods manufactured or produced wholly or in part by prison labour”: Goods mined, manufactured or produced wholly or in part by forced labour; (9) The Description of Goods of tariff item No. 9938.00.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by striking out “or” at the end of paragraph (b), by adding “or” at the end of paragraph (c) and by adding the following after paragraph (c): (d) indigenous handicraft goods. 205 (1) The List of Intermediate and Final Rates
for the Tariff Items of the “F” Staging Category set out in the schedule to the Act is amended by striking out all the references to “MT:” and “MUST:” and all the rates of customs duty and dates that are set out after those references and are in respect of the tariffs in question. (2) The List of Intermediate and Final Rates for the Tariff Items of the “F” Staging Category set out in the schedule to the Act is amended by adding, in numerical order, the tariff items set out in Schedule 4 to this Act.
2002, c. 28
Pest Control Products Act 206 Subsections 67(3) and (4) of the Pest Control Products Act are replaced by the following:
Regulations re WTO Agreement (3) Without limiting the authority conferred by subsection (1), the Governor in Council may make any regulations that the Governor in Council considers necessary for the purpose of implementing, in relation to pest control products, Article 39(3) of the Agreement on Traderelated Aspects of Intellectual Property Rights set out in Annex 1C to the WTO Agreement. Definition of WTO Agreement (4) In subsection (3), WTO Agreement has the meaning assigned by the definition Agreement in subsection 2(1) of the World Trade Organization Agreement Implementation Act.
2019-2020
Chapter 1: Canada–United States–Mexico Agreement Implementation Act PART 2 Related Amendments Canadian Energy Regulator Act Sections 207-210
2019, c. 28, s. 10
Canadian Energy Regulator Act 207 Paragraph 353(1)(g) of the Canadian Energy Regulator Act is replaced by the following: (g) exempting oil or gas that is exported to Chile or Costa Rica, or any quality, kind or class of that oil or gas or type of service relating to it, from the application of regulations made under paragraph (f). 208 (1) The definition NAFTA in section 373 of the
Act is repealed. (2) Section 373 of the Act is amended by adding the following in alphabetical order:
CUSMA has the meaning assigned by the definition Agreement in section 2 of the Canada–United States– Mexico Agreement Implementation Act. (ACEUM) 209 Subsections 374(1) and (2) of the Act are replaced by the following:
Principle 374 (1) In exercising its powers and performing its duties and functions, the Regulator must give effect to CUSMA, the CCFTA and the CCRFTA. Directions (2) The Governor in Council may, either on the recommendation of the Minister made at the request of the Regulator or on the Governor in Council’s own motion, give directions respecting the manner in which the Regulator is to perform the duty imposed on it by subsection (1) or the interpretation to be given to CUSMA, the CCFTA or the CCRFTA by the Regulator for the purposes of this Act. 210 Sections 375 and 376 of the Act are replaced by the following:
Declaration of Governor in Council 375 The Governor in Council may, by order, declare that
the maintenance or introduction of a restriction on the exportation to Chile or Costa Rica of energy goods or of any quality, kind or class of energy goods is justified under Article C-13 of the CCFTA or Article III.11 of the CCRFTA, as the case may be.
2019-2020
Chapter 1: Canada–United States–Mexico Agreement Implementation Act PART 2 Related Amendments Canadian Energy Regulator Act Sections 210-212
Request for declaration 376 If, in the course of determining an application for a licence or permit, or determining whether to make an order, for the exportation to Chile or Costa Rica of energy goods or of any quality, kind or class of energy goods, the Commission considers that the maintenance or introduction of a restriction on that exportation is in the public interest and that subparagraph 1(a), (b) or (c) of Article C-13 of the CCFTA or subparagraph 1(a), (b) or (c) of Article III.11 of the CCRFTA, as the case may be, would apply as a consequence of the restriction, the Commission may, in order to request that the Minister recommend to the Governor in Council that an order be made under section 375 in respect of the relevant energy goods, suspend the determination until not later than 120 days after the day on which the request is made. 211 Subsections 377(1) and (2) of the Act are replaced by the following: Exportation to Chile or Costa Rica 377 (1) The Commission may neither refuse to issue a licence or permit or make an order nor suspend, revoke or vary a licence, permit or order for the exportation to Chile or Costa Rica of energy goods or of any quality, kind or class of energy goods if that refusal, revocation, suspension or variation would constitute the maintenance or introduction of a restriction on that exportation as a consequence of which subparagraph 1(a), (b) or (c) of Article C-13 of the CCFTA or subparagraph 1(a), (b) or (c) of Article III.11 of the CCRFTA, as the case may be, would apply.
Exception (2) Subsection (1) does not apply in respect of the exportation to Chile or Costa Rica of any energy goods, or of any quality, kind or class of energy goods, referred to in an order made under section 375 while the order is in force. 212 The portion of section 378 of the Act before paragraph (a) is replaced by the following:
No declaration made 378 Despite not being satisfied that the criteria set out
in section 345 have been met, the Commission may issue a licence for the exportation to Chile or Costa Rica of any energy goods, or of any quality, kind or class of energy goods, referred to in a request made under section 376 if
2019-2020
Chapter 1: Canada–United States–Mexico Agreement Implementation Act PART 3 Coming into Force Section 213
PART 3
Coming into Force Order in council 213 (1) Subject to subsections (2) to (4), this Act comes into force on a day to be fixed by order of the Governor in Council.
First anniversary (2) Sections 21 and 153 to 182 come into force on the earlier of (a) a day to be fixed by order of the Governor
in Council, and (b) the day before the first anniversary of the
day fixed under subsection (1). Sixth anniversary (3) Subsection
114(1), section 115, subsection 118(1) and sections 119, 121 to 126, 128, 130, 132 and 135 come into force on the sixth anniversary of the day fixed under subsection (1). Order in council (4) Subsection 137(1) comes into force on a day to be fixed by order of the Governor in Council.
2019-2020
Chapter 1: Canada–United States–Mexico Agreement Implementation Act SCHEDULE 1
SCHEDULE 1 (Section 170)
SCHEDULE IV (Sections 2 and 14.11 and subsections 239(3.1), 251(3), 597(2.1), 816(1.1) and 828(3))
Agreement within the meaning of subsection 2(1) of the Canada-Chile Free Trade Agreement Implementation Act Agreement within the meaning of section 2 of the Canada– Peru Free Trade Agreement Implementation Act Agreement within the meaning of section 2 of the Canada– Colombia Free Trade Agreement Implementation Act Agreement within the meaning of section 2 of the Canada– Panama Economic Growth and Prosperity Act Agreement within the meaning of section 2 of the Canada– Honduras Economic Growth and Prosperity Act Agreement within the meaning of section 2 of the Canada– Korea Economic Growth and Prosperity Act Agreement within the meaning of section 2 of the Canada– European Union Comprehensive Economic and Trade Agreement Implementation Act Agreement within the meaning of section 2 of the Canada– United States–Mexico Agreement Implementation Act
2019-2020
Chapter 1: Canada–United States–Mexico Agreement Implementation Act SCHEDULE 2
SCHEDULE 2 (Paragraphs 204(2)(c) and (d)) 0105.11.22 0105.94.92 0105.99.12 0207.11.92 0207.12.92 0207.13.92 0207.13.93 0207.14.22 0207.14.92 0207.14.93 0207.24.12 0207.24.92 0207.25.12 0207.25.92 0207.26.20 0207.26.30 0207.27.12 0207.27.92 0207.27.93 0209.90.20 0209.90.40 0210.99.12 0210.99.13 0210.99.15 0210.99.16 0401.10.20 0401.20.20 0401.40.20 0401.50.20 0402.10.20 0402.21.12 0402.21.22 0402.29.12 0402.29.22 0402.91.20 0402.99.20 0403.10.20 0403.90.12 0403.90.92 0404.90.20 0405.10.20 0405.20.20 0405.90.20
2019-2020
0406.10.20 0406.20.12 0406.20.92 0406.30.20 0406.40.20 0406.90.12 0406.90.22 0406.90.32 0406.90.42 0406.90.52 0406.90.62 0406.90.72 0406.90.82 0406.90.92 0406.90.94 0406.90.96 0406.90.99 0407.11.12 0407.11.92 0407.21.20 0407.90.12 0408.11.20 0408.19.20 0408.91.20 0408.99.20 1601.00.22 1601.00.32 1602.20.22 1602.20.32 1602.31.13 1602.31.14 1602.31.94 1602.31.95 1602.32.13 1602.32.14 1602.32.94 1602.32.95 1701.91.10 1701.99.10 1702.90.21 1702.90.61 1702.90.70 1702.90.81
1806.20 1806.90 1901.20 1901.20 1901.90 1901.90 1901.90 1901.90 2105.00 2106.90 2106.90 2106.90 2106.90 2202.99 2309.90 3502.11 3502.19 9897.00 9898.00 9899.00 9904.00 9987.00
Chapter 1: Canada–United States–Mexico Agreement Implementation Act SCHEDULE 2 (French)
ANNEXE 2 (alinéas 204(2)c) et d)) 0105.11.22 0105.94.92 0105.99.12 0207.11.92 0207.12.92 0207.13.92 0207.13.93 0207.14.22 0207.14.92 0207.14.93 0207.24.12 0207.24.92 0207.25.12 0207.25.92 0207.26.20 0207.26.30 0207.27.12 0207.27.92 0207.27.93 0209.90.20 0209.90.40 0210.99.12 0210.99.13 0210.99.15 0210.99.16 0401.10.20 0401.20.20 0401.40.20 0401.50.20 0402.10.20 0402.21.12 0402.21.22 0402.29.12 0402.29.22 0402.91.20 0402.99.20 0403.10.20 0403.90.12 0403.90.92 0404.90.20 0405.10.20 0405.20.20 0405.90.20
2019-2020
0406.10.20 0406.20.12 0406.20.92 0406.30.20 0406.40.20 0406.90.12 0406.90.22 0406.90.32 0406.90.42 0406.90.52 0406.90.62 0406.90.72 0406.90.82 0406.90.92 0406.90.94 0406.90.96 0406.90.99 0407.11.12 0407.11.92 0407.21.20 0407.90.12 0408.11.20 0408.19.20 0408.91.20 0408.99.20 1601.00.22 1601.00.32 1602.20.22 1602.20.32 1602.31.13 1602.31.14 1602.31.94 1602.31.95 1602.32.13 1602.32.14 1602.32.94 1602.32.95 1701.91.10 1701.99.10 1702.90.21 1702.90.61 1702.90.70 1702.90.81
1806.20 1806.90 1901.20 1901.20 1901.90 1901.90 1901.90 1901.90 2105.00 2106.90 2106.90 2106.90 2106.90 2202.99 2309.90 3502.11 3502.19 9897.00 9898.00 9899.00 9904.00 9987.00
Chapter 1: Canada–United States–Mexico Agreement Implementation Act SCHEDULE 3
SCHEDULE 3 (Paragraphs 204(2)(c) and (e))
Tariff Item
Initial R
0404.10.22
208% b
1517.10.20
82.28¢/
1517.90.22
218% b
2019-2020
Chapter 1: Canada–United States–Mexico Agreement Implementation Act SCHEDULE 3 (French)
ANNEXE 3 (alinéas 204(2)c) et e))
Numéro tarifaire
Taux in
0404.10.22
208 % m
1517.10.20
82,28 ¢
1517.90.22
218 % m
2019-2020
Chapter 1: Canada–United States–Mexico Agreement Implementation Act SCHEDULE 4
SCHEDULE 4 (Paragraph 204(2)(c) and subsection 205(2)) Tariff Item
Most-Favoured-Nation Tariff
P
0404.10.22
E C A E y C A E y C A E y C A E y C A E y C A E y C A E y C A E y C A E y C A E y C A
1517.10.20
E C A E y C A E y C A E y C A E y
2019-2020
Chapter 1: Canada–United States–Mexico Agreement Implementation Act SCHEDULE 4
Tariff Item
Most-Favoured-Nation Tariff
P
C A E y C A 1517.90.22
E C A E y C A E y C A E y C A E y C A E y C A
2019-2020
Chapter 1: Canada–United States–Mexico Agreement Implementation Act SCHEDULE 4 (French)
ANNEXE 4 (alinéa 204(2)c) et paragraphe 205(2)) Numéro tarifaire 0404.10.22
Tarif de la nation la plus favorisée
Tar
Àc de
Àc sui l’A Àc ann vig Me Àc ann vig Me Àc ann vig Me Àc ann vig Me Àc ann vig Me Àc ann vig Me Àc ann vig Me Àc ann vig Me Àc ann vig Me 1517.10.20
2019-2020
Àc de Àc sui l’A Àc ann vig Me Àc ann vig Me Àc ann vig Me
Chapter 1: Canada–United States–Mexico Agreement Implementation Act SCHEDULE 4 (French)
Numéro tarifaire
Tarif de la nation la plus favorisée
Tar
Àc ann vig Me 1517.90.22
Àc de
Àc sui l’A Àc ann vig Me Àc ann vig Me Àc ann vig Me Àc ann vig Me
2019-2020
Chapter 1: Canada–United States–Mexico Agreement Implementation Act SCHEDULE 5
SCHEDULE 5 (Paragraphs 204(3)(c) and (d)) 0105.11.21 0105.11.22 0105.94.10 0105.94.91 0105.94.92 0105.99.11 0105.99.12 0105.99.90 0207.11.10 0207.11.91 0207.11.92 0207.12.10 0207.12.91 0207.12.92 0207.13.10 0207.13.91 0207.13.92 0207.13.93 0207.14.10 0207.14.21 0207.14.22 0207.14.91 0207.14.92 0207.14.93 0207.24.11 0207.24.12 0207.24.91 0207.24.92 0207.25.11 0207.25.12 0207.25.91 0207.25.92 0207.26.10 0207.26.20 0207.26.30 0207.27.11 0207.27.12 0207.27.91 0207.27.92 0207.27.93 0207.41.00 0207.44.00 0207.45.10
2019-2020
0207.51.00 0207.54.00 0207.55.10 0207.60.11 0207.60.19 0207.60.91 0209.90.10 0209.90.20 0209.90.30 0209.90.40 0209.90.90 0210.99.11 0210.99.12 0210.99.13 0210.99.14 0210.99.15 0210.99.16 0210.99.19 0401.10.10 0401.10.20 0401.20.10 0401.20.20 0401.40.10 0401.40.20 0401.50.10 0401.50.20 0402.10.10 0402.10.20 0402.21.11 0402.21.12 0402.21.21 0402.21.22 0402.29.11 0402.29.12 0402.29.21 0402.29.22 0402.91.10 0402.91.20 0402.99.10 0402.99.20 0403.10.10 0403.10.20 0403.90.11
0403.90.12 0403.90.91 0403.90.92 0404.10.10 0404.10.21 0404.10.22 0404.10.90 0404.90.10 0404.90.20 0405.10.10 0405.10.20 0405.20.10 0405.20.20 0405.90.10 0405.90.20 0406.10.10 0406.10.20 0406.20.11 0406.20.12 0406.20.91 0406.90.92 0406.30.10 0406.30.20 0406.40.10 0406.40.20 0406.90.11 0406.90.12 0406.90.21 0406.90.22 0406.90.31 0406.90.32 0406.90.41 0406.90.42 0406.90.51 0406.90.52 0406.90.61 0406.90.62 0406.90.71 0406.90.72 0406.90.81 0406.90.82 0406.90.91 0406.90.92
Chapter 1: Canada–United States–Mexico Agreement Implementation Act SCHEDULE 5 (French)
ANNEXE 5 (alinéas 204(3)c) et d)) 0105.11.21 0105.11.22 0105.94.10 0105.94.91 0105.94.92 0105.99.11 0105.99.12 0105.99.90 0207.11.10 0207.11.91 0207.11.92 0207.12.10 0207.12.91 0207.12.92 0207.13.10 0207.13.91 0207.13.92 0207.13.93 0207.14.10 0207.14.21 0207.14.22 0207.14.91 0207.14.92 0207.14.93 0207.24.11 0207.24.12 0207.24.91 0207.24.92 0207.25.11 0207.25.12 0207.25.91 0207.25.92 0207.26.10 0207.26.20 0207.26.30 0207.27.11 0207.27.12 0207.27.91 0207.27.92 0207.27.93 0207.41.00 0207.44.00 0207.45.10
0207.51.00 0207.54.00 0207.55.10 0207.60.11 0207.60.19 0207.60.91 0209.90.10 0209.90.20 0209.90.30 0209.90.40 0209.90.90 0210.99.11 0210.99.12 0210.99.13 0210.99.14 0210.99.15 0210.99.16 0210.99.19 0401.10.10 0401.10.20 0401.20.10 0401.20.20 0401.40.10 0401.40.20 0401.50.10 0401.50.20 0402.10.10 0402.10.20 0402.21.11 0402.21.12 0402.21.21 0402.21.22 0402.29.11 0402.29.12 0402.29.21 0402.29.22 0402.91.10 0402.91.20 0402.99.10 0402.99.20 0403.10.10 0403.10.20 0403.90.11
0403.90.12 0403.90.91 0403.90.92 0404.10.10 0404.10.21 0404.10.22 0404.10.90 0404.90.10 0404.90.20 0405.10.10 0405.10.20 0405.20.10 0405.20.20 0405.90.10 0405.90.20 0406.10.10 0406.10.20 0406.20.11 0406.20.12 0406.20.91 0406.90.92 0406.30.10 0406.30.20 0406.40.10 0406.40.20 0406.90.11 0406.90.12 0406.90.21 0406.90.22 0406.90.31 0406.90.32 0406.90.41 0406.90.42 0406.90.51 0406.90.52 0406.90.61 0406.90.62 0406.90.71 0406.90.72 0406.90.81 0406.90.82 0406.90.91 0406.90.92
Published under authority of the Speaker of the House of Commons 2019-2020
Disponible sur le site Web de la Chambre des comm
|
First Session, Forty-second Parliament, 64-65-66-67 Elizabeth II, 2015-2016-2017-2018
STATUTES OF CANADA 2018
CHAPTER 14
An Act to establish Gender Equality Week
ASSENTED TO JUNE 21, 2018 BILL C-309
SUMMARY This enactment designates the fourth week in September in each and every year as “Gender Equality Week”.
i
64-65-66-67 ELIZABETH II
CHAPTER 14
An Act to establish Gender Equality Week [Assented to 21st June, 2018] Preamble
Whereas the Parliament of Canada wishes to increase awareness of the significant and substantive contributions that Canadian women have made and continue to make to the growth, development, character and identity of Canada; Whereas equality and compassion for all individuals remain among Canada’s foremost aspirations and all Canadians share responsibility for addressing the social and economic challenges faced by women, which are fundamentally human issues; Whereas many of the particular experiences and challenges faced by Canadian women and enumerated in this preamble are also experienced by individuals of minority gender identity and expression; Whereas poverty and inequality disproportionately affect Canadian women, particularly elderly, disabled, transgender and visible minority women, leaving them isolated and vulnerable; Whereas Canadians confronting issues related to gender identity and sexual orientation, particularly transgender women in visible minority groups, may experience further isolation and vulnerability, as well as violence; Whereas the effects of poverty and vulnerability are exacerbated by limited access for women and their families to affordable housing, social support programs and child care services, as well as by gaps in Canada’s health care system that cause women to be disproportionately underserved; Whereas in Canada, women are more likely than men to be victims of gender-based violence, including sexual assault and intimate partner violence; Whereas Indigenous women, be they First Nation, Métis or Inuit, are disproportionately affected by gender-based violence and sexual exploitation;
2015-2016-2017-2018
Chapter 14: Gender Equality Week Act Preamble
Whereas Canadian women who are physically, verbally and emotionally abused often face challenges in pursuing effective legal recourse and access to social support programs; Whereas Canadian women face barriers in pursuing and completing post-secondary education and pursuing careers in the fields of science, technology, engineering and mathematics; Whereas there is a wage gap between men and women in Canada; Whereas Indigenous women face barriers with respect to equal access to education and employment, and representation in Canadian legislatures and councils; Whereas women who are newcomers to Canada experience obstacles hindering their full participation in Canadian society, including a lack of access to language and employment training and a refusal to recognize their prior work experience and educational qualifications; Whereas there has been a disproportionate rise in the number of female inmates, particularly Indigenous women, in Canada’s correctional institutions; Whereas Canadian women are underrepresented as participants and leaders in sports and physical activities, which affects their health and sense of social inclusion; Whereas women account for approximately half of the population, yet a lower proportion of Canadian politicians are women; Whereas Canadian women face challenges in being promoted to executive or board management positions, and those who do reach such positions are often paid less than men in similar positions; Whereas the Government of Canada is encouraged to continue to monitor the progress, across departments and agencies, of the status of women in Canada; Whereas the Parliament of Canada wishes to underscore the importance of celebrating and commemorating the notable achievements and advancements of Canadian women and addressing the challenges faced by Canadian women; Whereas Parliament wishes to encourage all levels of government, non-governmental organizations, the private sector, academia, educators and all Canadians to recognize the fourth week in September as Gender Equality Week and to mark the week with events and initiatives to address the challenges Canadian women and individuals of minority gender identity and expression continue to face;
2015-2016-2017-2018
Chapter 14: Gender Equality Week Act Short Title Sections 1-2
And whereas all Canadians, in particular men and those who do not identify as women, are encouraged to become and remain engaged, during Gender Equality Week and throughout the year, in achieving greater inclusiveness and full gender equality in Canada;
Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Short Title Short title 1 This Act may be cited as the Gender Equality Week Act.
Gender Equality Week Gender Equality Week 2 Throughout Canada, in each and every year, the fourth
week in September is to be known as “Gender Equality Week”.
Published under authority of the Speaker of the House of Commons 2015-2016-2017-2018
Disponible sur le site Web de la Chambre des comm
|
First Session, Forty-second Parliament, 64-65-66-67 Elizabeth II, 2015-2016-2017-2018
STATUTES OF CANADA 2018
CHAPTER 28
An Act for granting to Her Majesty certain sums of money for the federal public administration for the fiscal year ending March 31, 2019
ASSENTED TO DECEMBER 13, 2018 BILL C-90
SUMMARY This enactment grants the sum of $7,547,444,901 towards defraying charges and expenses of the federal public administration for the fiscal year ending March 31, 2019 that are not otherwise provided for.
i
64-65-66-67 ELIZABETH II
CHAPTER 28
An Act for granting to Her Majesty certain sums of money for the federal public administration for the fiscal year ending March 31, 2019 [Assented to 13th December, 2018] MOST GRACIOUS SOVEREIGN, Preamble Whereas it appears by message from Her Excellency the Right Honourable Julie Payette, Governor General and Commander-in-Chief of Canada, and the Estimates accompanying that message, that the sums mentioned below are required to defray certain expenses of the federal public administration, not otherwise provided for, for the fiscal year ending March 31, 2019, and for other purposes connected with the federal public administration;
May it therefore please Your Majesty, that it may be enacted, and be it enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, that: Short title 1 This Act may be cited as the Appropriation Act No. 3,
2018–19. $7,547,444,901 granted for 2018–19 2 There may be paid out of the Consolidated Revenue
Fund a sum not exceeding in the aggregate $7,547,444,901 towards defraying the various charges and expenses of the federal public administration for the fiscal year ending March 31, 2019, not otherwise provided for, which is the total of the amounts of the items set out in the Supplementary Estimates (A) for that fiscal year as set out in Schedules 1 and 2.
2015-2016-2017-2018
Chapter 28: Appropriation Act No. 3, 2018–19 Sections 3-6
Transfers of appropriations 3 The transfers of appropriations set out in the Estimates referred to in section 2 are deemed to have been authorized on April 1, 2018. Purpose of each item 4 (1) The amount authorized by this Act to be paid in respect of an item may be paid only for the purposes, and subject to any terms and conditions, specified in the item. Effective date (2) The provisions of each item set out in Schedules 1
and 2 are deemed to have effect as of April 1, 2018. Adjustments in accounts of Canada — Schedule 1 5 An appropriation that is granted by this Act or any other Act and referred to in Schedule 1 may be charged after the end of the fiscal year for which the appropriation is granted at any time before the day on which the Public Accounts for that fiscal year are tabled in Parliament, for the purpose of making adjustments in the accounts of Canada for that fiscal year that do not require payments out of the Consolidated Revenue Fund.
Adjustments in accounts of Canada — Schedule 2 6 (1) An appropriation that is granted by this Act or any other Act and referred to in Schedule 2 may be charged after the end of the fiscal year following the fiscal year for which the appropriation is granted at any time before the day on which the Public Accounts for that second fiscal year are tabled in Parliament, for the purpose of making adjustments in the accounts of Canada for that second fiscal year that do not require payments out of the Consolidated Revenue Fund.
Order of payment (2) Despite any other provision of this Act, amounts appropriated by this Act and set out in Schedule 2 may be paid and applied at any time on or before March 31, 2020, so long as every payment is charged first against the relevant amount appropriated under any Act that is earliest in time until that amount is exhausted, next against the relevant amount appropriated under any other Act, including this Act, that is next in time until that amount is exhausted and so on. The balance of amounts so appropriated by this Act that have not been charged, subject to the adjustments referred to in section 37 of the Financial Administration Act, lapse at the end of the fiscal year following the fiscal year ending March 31, 2019.
2015-2016-2017-2018
Chapter 28: Appropriation Act No. 3, 2018–19 SCHEDULE 1
SCHEDULE 1
Based on the Supplementary Estimates (A), 2018–19, the amoun the items set out in this Schedule.
Sums granted to Her Majesty by this Act for the fiscal year ending Vote No.
Items
ATLANTIC CANADA OPPORTUNITIES AGENCY Agence de promotion économique du Canada atlantiqu 5a
– The grants listed in any of the Estimates for the fiscal ye – Contributions CANADA MORTGAGE AND HOUSING CORPORATION Société canadienne d’hypothèques et de logement
1a
– Payments to reimburse the Corporation for the amount grants, contributions and expenditures made, and losse curred, (a) under the National Housing Act; or
(b) in the course of the exercise of powers or the car functions conferred on the Corporation under any o accordance with the Corporation’s authority under t Housing Corporation Act CANADA SCHOOL OF PUBLIC SERVICE École de la fonction publique du Canada 1a
– Program expenditures
CANADIAN AIR TRANSPORT SECURITY AUTHORITY Administration canadienne de la sûreté du transport aé 1a
– Payments to the Authority for operating and capital exp CANADIAN DAIRY COMMISSION Commission canadienne du lait
1a
– Program expenditures CANADIAN ENVIRONMENTAL ASSESSMENT AGENCY Agence canadienne d’évaluation environnementale
1a
– Program expenditures
– The grants listed in any of the Estimates for the fiscal ye – Contributions
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal (a) the conduct of environmental assessments by a (b) the provision of training; and
(c) the provision of internal support services under s CANADIAN FOOD INSPECTION AGENCY Agence canadienne d’inspection des aliments 1a
– Operating expenditures
– The grants listed in any of the Estimates for the fiscal ye – Contributions 5a
– Capital expenditures
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1a
– Program expenditures CANADIAN INSTITUTES OF HEALTH RESEARCH Instituts de recherche en santé du Canada
5a
– The grants listed in any of the Estimates for the fiscal ye
CANADIAN NORTHERN ECONOMIC DEVELOPMENT AGEN Agence canadienne de développement économique du 1a
– Operating expenditures
CANADIAN RADIO-TELEVISION AND TELECOMMUNICAT Conseil de la radiodiffusion et des télécommunications 1a
– Program expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal munications Fees Regulations, 2010, the Broadcasting L 1997 and the Unsolicited Telecommunications Fees Reg enues that it receives in that fiscal year from activities r its operations, up to amounts approved by the Treasury CANADIAN SECURITY INTELLIGENCE SERVICE Service canadien du renseignement de sécurité 1a
– Program expenditures CANADIAN SPACE AGENCY Agence spatiale canadienne
1a
– Operating expenditures
5a
– Capital expenditures
CANADIAN TRANSPORTATION ACCIDENT INVESTIGATIO Bureau canadien d’enquête sur les accidents de transpo transports 1a
– Program expenditures CANADIAN TRANSPORTATION AGENCY Office des transports du Canada
1a
– Program expenditures
CIVILIAN REVIEW AND COMPLAINTS COMMISSION FOR MOUNTED POLICE Commission civile d’examen et de traitement des plain Gendarmerie royale du Canada 1a
– Program expenditures COMMUNICATIONS SECURITY ESTABLISHMENT Centre de la sécurité des télécommunications
1a
– Program expenditures
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– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal including the provision of internal support services und COPYRIGHT BOARD Commission du droit d’auteur 1a
– Program expenditures CORRECTIONAL SERVICE OF CANADA Service correctionnel du Canada
1a
– Operating expenditures
– The grants listed in any of the Estimates for the fiscal ye – Contributions
– Authority to deposit into the Inmate Welfare Fund reven cal year from projects operated by inmates and finance
– Authority to operate canteens in federal institutions and fiscal year, revenue from sales into the Inmate Welfare
– Payments, in accordance with terms and conditions pre in Council,
(a) to or on behalf of discharged inmates who suffer caused by participation in normal program activity i
(b) to dependants of deceased inmates and discharg deaths resulted from participation in normal progra tutions
– Authority for the Minister of Public Safety and Emergen to the approval of the Governor in Council, to enter into province for
(a) the confinement in institutions of that province o committed or transferred to a penitentiary;
(b) compensation for the maintenance of such perso
(c) payment in respect of the construction and relate tions COURTS ADMINISTRATION SERVICE Service administratif des tribunaux judiciaires 1a
– Program expenditures DEPARTMENT OF AGRICULTURE AND AGRI-FOOD Ministère de l’Agriculture et de l’Agroalimentaire
1a
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal (a) collaborative research agreements and research
(b) the grazing and breeding activities of the Commu
(c) the administration of the AgriStability program; a
(d) the provision of internal support services under s
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the
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down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 5a 10a
– Capital expenditures
– The grants listed in any of the Estimates for the fiscal ye – Contributions DEPARTMENT OF CANADIAN HERITAGE Ministère du Patrimoine canadien
1a
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal
(a) the activities of the Canadian Conservation Instit itage Information Network and the Canadian Audio(b) activities undertaken under the Capital Experienc
(c) the provision of internal support services under s
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 5a
– The grants listed in any of the Estimates for the fiscal ye – Contributions DEPARTMENT OF CITIZENSHIP AND IMMIGRATION Ministère de la Citoyenneté et de l’Immigration
1a
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year from the provision of services related to Canada — revenues that it receives in that fiscal year fr services
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 5a
– Capital expenditures
10a
– The grants listed in any of the Estimates for the fiscal ye
– Contributions, including the provision of goods and ser
DEPARTMENT OF EMPLOYMENT AND SOCIAL DEVELOPM Ministère de l’Emploi et du Développement social 1a
– Operating expenditures
– Authority to make recoverable expenditures in relation Canada Pension Plan and the Employment Insurance A
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela incurs in that fiscal year — revenues that it receives in t
(a) the provision of Public Access Programs Sector s
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(b) the provision of services to assist provinces in th provincial programs funded under Labour Market D
(c) the provision of services on behalf of other feder ments;
(d) the provision of internal support services under s
(e) any amount charged to a Crown corporation und Government Employees Compensation Act in relatio for subrogated claims for Crown corporations; and
(f) the portion of the Government Employees Comp tal or agency subrogated claim settlements related t
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 5a
– The grants listed in any of the Estimates for the fiscal ye – Contributions DEPARTMENT OF FINANCE Ministère des Finances
1a
– Program expenditures – Contributions
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela incurs in that fiscal year — revenues that it receives in t provision of internal support services under section 29.
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 10a
– Pursuant to subsection 14(1) of the Canadian Securities sition Office Act, the aggregate amount of direct payme Finance may make to the Canadian Securities Regulatio fice is not to exceed $107,500,000 DEPARTMENT OF FISHERIES AND OCEANS Ministère des Pêches et des Océans
1a
– Operating expenditures
– Canada’s share of expenses of the international fisherie – Authority to provide free office accommodation for the commissions
– Authority to make recoverable advances in the amounts ternational fisheries commissions of joint cost projects
– Authority to make recoverable advances for transportat er shipping services performed for individuals, outside ernments in the course of, or arising out of, the exercis tion, including aids to navigation and shipping
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal (a) in the course of, or arising from, the activities of Guard; and
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(b) from the provision of internal support services u Act
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 5a
– Capital expenditures
– Authority to make payments to provinces, municipalitie thorities as contributions towards construction done by – Authority for the purchase and disposal of commercial 10a
– The grants listed in any of the Estimates for the fiscal ye – Contributions
DEPARTMENT OF FOREIGN AFFAIRS, TRADE AND DEVEL Ministère des Affaires étrangères, du Commerce et du 1a
– Operating expenditures, including those related to the a representatives abroad, to the staff of those representa ment of Canadians to the staffs of international organiz
– Authority to make recoverable advances to internationa amounts not exceeding the amounts of the shares of th
– Expenditures in respect of the provision of office accom tional Civil Aviation Organization
– Authority to make recoverable expenditures for assistan distressed Canadian citizens and Canadian residents liv their dependants
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela incurs in that fiscal year — revenues that it receives in t (a) trade and education fairs; (b) departmental publications; and (c) the following services:
(i) training services provided by the Canadian Fo
(ii) trade missions and other international busine (iii) investment development services, (iv) international telecommunication services,
(v) other services provided abroad to other depa Crown corporations and non-federal organization (vi) specialized consular services
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 5a
– Capital expenditures
10a
– The grants listed in any of the Estimates for the fiscal ye
– Contributions, including payments for other specified p sion of goods and services for (a) the promotion of trade and investment; and
(b) international humanitarian assistance and assist national security, international development and glo
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Items – Payments made
(a) in respect of pension, insurance and social secur rangements for employees locally engaged outside
(b) in respect of the administration of such program cluding premiums, contributions, benefit payments, tures made in respect of such employees and for an Treasury Board determines DEPARTMENT OF HEALTH Ministère de la Santé 1a
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal
(a) the provision of services or the sale of products r being and to regulatory activities; and
(b) the provision of internal support services under s
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 10a
– The grants listed in any of the Estimates for the fiscal ye
– Contributions, in the form of monetary payments or the services
DEPARTMENT OF INDIAN AFFAIRS AND NORTHERN DEV Ministère des Affaires indiennes et du Nord canadien 1a
– Operating expenditures – Expenditures on works, buildings and equipment
– Authority to make expenditures — recoverable or other formed on property that is not federal property and on spect of that property
– Authority to provide, in respect of Indian and Inuit econ ties, for the capacity development for Indians and Inuit terials and equipment – Authority to sell electric power to private consumers in alternative local sources of supply are not available, in and conditions approved by the Governor in Council
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela incurs in that fiscal year — revenues that it receives in t provision of internal support services under section 29.
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 5a
– Capital expenditures – Expenditures on buildings, works, land and equipment ownership of which
(a) may be transferred to provincial governments on approved by the Governor in Council; or
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(b) may be transferred to Indian bands, groups of In ans at the discretion of the Minister of Indian Affairs ment – Expenditures on buildings, works, land and equipment federal property
– Authority to make recoverable expenditures on roads a amounts not exceeding the shares of provincial govern 10a
– The grants listed in any of the Estimates for the fiscal ye – Contributions DEPARTMENT OF INDIGENOUS SERVICES CANADA Ministère des Services aux Autochtones Canada
1a
– Operating expenditures – Expenditures on works, buildings and equipment
– Authority to make expenditures — recoverable or other formed on property that is not federal property and on spect of that property
– Authority to provide, in respect of Indian and Inuit econ ties, for the capacity development for Indians and Inuit terials and equipment – Authority to sell electric power to private consumers in alternative local sources of supply are not available, in and conditions approved by the Governor in Council
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela incurs in that fiscal year — revenues that it receives in t
(a) the provision of services or the sale of products r tion and medical services; and
(b) the provision of internal support services under s
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 5a
– Capital expenditures – Expenditures on buildings, works, land and equipment ownership of which
(a) may be transferred to provincial governments on approved by the Governor in Council; or
(b) may be transferred to Indian bands, groups of In ans at the discretion of the Minister of State styled M Services – Expenditures on buildings, works, land and equipment federal property
– Authority to make recoverable expenditures on roads a amounts not exceeding the shares of provincial govern 10a
– The grants listed in any of the Estimates for the fiscal ye
– Contributions, in the form of monetary payments or the services DEPARTMENT OF INDUSTRY Ministère de l’Industrie 1a
– Operating expenditures
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– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal
(a) the provision of internal support services under s and the provision of internal support services to the Property Office;
(b) activities and operations related to communicati munications Research Centre;
(c) services and insolvency processes under the Ban Act at the Office of the Superintendent of Bankruptc
(d) activities and operations carried out by Corporat Canada Business Corporations Act, the Boards of Tr operatives Act and the Canada Not-for-profit Corpor
(e) services and regulatory processes for mergers an ters, including pre-merger notifications, advance rul ten opinions, under the Competition Act at the Com
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 10a
– The grants listed in any of the Estimates for the fiscal ye – Contributions DEPARTMENT OF JUSTICE Ministère de la Justice
1a
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal
(a) the provision of mandatory legal services to fede agencies;
(b) the provision to Crown corporations, non-federa national organizations of optional legal services tha Department’s mandate; and
(c) the provision of internal support services under s
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 5a
– The grants listed in any of the Estimates for the fiscal ye – Contributions DEPARTMENT OF NATIONAL DEFENCE Ministère de la Défense nationale
1a
– Operating expenditures
– Authority for total commitments, subject to allotment b of $33,438,160,225 for the purposes of Votes 1, 5 and 10 gardless of the year in which the payment of those com which it is estimated that $13,906,191,483 will come du years)
– Authority, subject to the direction of the Treasury Board penditures or advances in respect of materials supplied
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performed on behalf of, individuals, corporations, outs al departments and agencies and other governments – Authority to make payments
(a) in respect of pension, insurance and social secur rangements for employees locally engaged outside
(b) in respect of the administration of such program cluding premiums, contributions, benefit payments, tures made in respect of such employees and for an Treasury Board determines
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela incurs in that fiscal year — revenues that it receives in t from the provision of internal support services under se
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 5a
– Capital expenditures
10a
– The grants listed in any of the Estimates for the fiscal ye which grants and contributions may include
(a) monetary payments or, in lieu of payment made (i) the provision of goods or services, or (ii) the provision of the use of facilities; and
(b) the contributions that may be approved by the G cordance with section 3 of The Defence Appropriatio
(i) for the provision or transfer of defence equipm
(ii) for the provision of services for defence purpo
(iii) for the provision or transfer of supplies or fac poses 15a
– The writing off, as referred to in subsection 25(2) of the Act, of seven debts due to Her Majesty in right of Canad related to
(a) advances to members of the Canadian Forces an forces; (b) standing advances for military purposes; and (c) funds lost 20a
– The forgiveness, as referred to in section 24.1 of the Fin of a debt due to Her Majesty in right of Canada in the a an advance to a member of the Canadian Forces DEPARTMENT OF NATURAL RESOURCES Ministère des Ressources naturelles
1a
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal (a) the sale of forestry and information products;
(b) the issue of licences, permits and certificates und the Explosives Regulations, 2013;
(c) training and certification activities related to the A ferred to in paragraph (b);
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(d) research, consultation, testing, analysis and adm research products as part of the departmental opera
(e) the provision of internal support services under s cial Administration Act
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 5a
– Capital expenditures
10a
– The grants listed in any of the Estimates for the fiscal ye – Contributions
DEPARTMENT OF PUBLIC SAFETY AND EMERGENCY PRE Ministère de la Sécurité publique et de la Protection civ 1a
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela incurs in that fiscal year — revenues that it receives in t from the provision of internal support services under se
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 5a
– The grants listed in any of the Estimates for the fiscal ye – Contributions
DEPARTMENT OF PUBLIC WORKS AND GOVERNMENT S Ministère des Travaux publics et des Services gouverne 1a
– Operating expenditures for the provision of accommod tral services
– Authority to make recoverable expenditures in relation Canada Pension Plan, the Employment Insurance Act a Management Act
– Authority to expend revenues that it receives during the the provision of accommodation, common and central
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal provision of internal support services under section 29.
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min DEPARTMENT OF THE ENVIRONMENT Ministère de l’Environnement 1a
– Operating expenditures
– Authority for the Minister of the Environment to engage by different Boards at the remuneration that those Boa
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– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela incurs in that fiscal year — revenues that it receives in t provision of internal support services under section 29. provision of services or the sale of information product tions of the department funded from this Vote, includin (a) research, analysis and scientific services; (b) hydrometric surveys; (c) regulatory services;
(d) monitoring services, including monitoring servic sands; (e) entry fees; (f) permits; and (g) real property services
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 10a
– The grants listed in any of the Estimates for the fiscal ye
– Contributions, including ones to developing countries b Fund for the Implementation of the Montreal Protocol t tary payments or the provision of goods, equipment or DEPARTMENT OF TRANSPORT Ministère des Transports 1a
– Operating expenditures
– Authority to make expenditures on other than federal p or arising out of the exercise of jurisdiction in, aeronau – Authority for the payment of commissions for revenue nautics Act
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal provision of internal support services under section 29.
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 5a
– Capital expenditures
10a
Grants and contributions – Efficient Transportation System
– The grants listed in any of the Estimates for the fiscal ye – Contributions 15a
Grants and contributions – Green and Innovative Transpor
– The grants listed in any of the Estimates for the fiscal ye – Contributions 20a
Grants and contributions – Safe and Secure Transportation
– The grants listed in any of the Estimates for the fiscal ye – Contributions
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Items DEPARTMENT OF VETERANS AFFAIRS Ministère des Anciens Combattants
1a
– Operating expenditures
– Expenditures related to the upkeep of real property, inc other investigatory planning expenses that do not add ty, payment of taxes, insurance and public utilities
– Expenditures related to, subject to the approval of the G
(a) necessary remedial work on properties construct price contracts and sold under the Veterans’ Land A correct defects for which neither the veteran nor the financially responsible; and
(b) other work on other properties that is required to terest in those properties
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 5a
– The grants listed in any of the Estimates for the fiscal ye listed for any grant may be increased or decreased, sub the Treasury Board – Contributions
DEPARTMENT OF WESTERN ECONOMIC DIVERSIFICATIO Ministère de la Diversification de l’économie de l’Ouest 5a
– The grants listed in any of the Estimates for the fiscal ye – Contributions
FEDERAL ECONOMIC DEVELOPMENT AGENCY FOR SOUT Agence fédérale de développement économique pour l 1a
– Operating expenditures HOUSE OF COMMONS Chambre des communes
1a
– Program expenditures, including payments in respect o Members’ constituency offices – Contributions
– Authority to expend revenues that it receives during the its activities IMMIGRATION AND REFUGEE BOARD Commission de l’immigration et du statut de réfugié 1a
– Program expenditures
INTERNATIONAL JOINT COMMISSION (CANADIAN SECT Commission mixte internationale (section canadienne) 1a
– Program expenditures – Expenses of the Canadian Section, including salaries – Expenses of studies, surveys and investigations by the national References
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Items – Expenses of the Commission under the Canada-United Quality Agreement NATIONAL ENERGY BOARD Office national de l’énergie
1a
– Program expenditures – Contributions NATIONAL FILM BOARD Office national du film
1a
– Program expenditures NATIONAL RESEARCH COUNCIL OF CANADA Conseil national de recherches du Canada
10a
– The grants listed in any of the Estimates for the fiscal ye
– Contributions, including the provision of goods and ser Thirty Meter Telescope Observatory
NATURAL SCIENCES AND ENGINEERING RESEARCH COU Conseil de recherches en sciences naturelles et en géni 5a
– The grants listed in any of the Estimates for the fiscal ye OFFICE OF INFRASTRUCTURE OF CANADA Bureau de l’infrastructure du Canada
1a
– Operating expenditures
5a
– Capital expenditures
10a
– The grants listed in any of the Estimates for the fiscal ye – Contributions
OFFICE OF THE CORRECTIONAL INVESTIGATOR OF CANA Bureau de l’enquêteur correctionnel du Canada 1a
– Program expenditures OFFICE OF THE DIRECTOR OF PUBLIC PROSECUTIONS Bureau du directeur des poursuites pénales
1a
– Program expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal
(a) the provision of prosecution and prosecution-rel
(b) the provision to Crown corporations, non-federa national organizations of optional prosecution and p vices that are consistent with the Office’s mandate;
(c) the provision of internal support services under s PARLIAMENTARY PROTECTIVE SERVICE Service de protection parlementaire 1a
– Program expenditures
– Authority to expend revenues that it receives during the its activities
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PAROLE BOARD OF CANADA Commission des libérations conditionnelles du Canada 1a
– Program expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal of services to process record suspension applications f offences under federal Acts and regulations PATENTED MEDICINE PRICES REVIEW BOARD Conseil d’examen du prix des médicaments brevetés 1a
– Program expenditures PRIVY COUNCIL OFFICE Bureau du Conseil privé
1a
– Program expenditures, including
(a) operating expenditures of Commissions of Inqui for;
(b) contributions in respect of costs incurred by pers Commissions of Inquiry; and (c) the operation of the Prime Minister’s residence
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela incurs in that fiscal year — revenues that it receives in t
(a) the provision of intelligence analysis training; an
(b) the provision of internal support services under s
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min PUBLIC HEALTH AGENCY OF CANADA Agence de la santé publique du Canada 1a
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal products, the provision of inspection services and the p port services under section 29.2 of that Act 10a
– The grants listed in any of the Estimates for the fiscal ye – Contributions PUBLIC SERVICE COMMISSION Commission de la fonction publique
1a
– Program expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal of staffing, assessment and counselling services and pr of internal support services under section 29.2 of that A
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Chapter 28: Appropriation Act No. 3, 2018–19 SCHEDULE 1
Vote No.
Items REGISTRAR OF THE SUPREME COURT OF CANADA Registraire de la Cour suprême du Canada
1a
– Program expenditures ROYAL CANADIAN MOUNTED POLICE Gendarmerie royale du Canada
1a
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela incurs in that fiscal year — revenues that it receives in t from the provision of internal support services under se 5a
– Capital expenditures
10a
– The grants listed in any of the Estimates for the fiscal ye listed for any grant may be increased or decreased, sub the Treasury Board – Contributions
ROYAL CANADIAN MOUNTED POLICE EXTERNAL REVIEW Comité externe d’examen de la Gendarmerie royale du 1a
– Program expenditures
SECRETARIAT OF THE NATIONAL SECURITY AND INTELL PARLIAMENTARIANS Secrétariat du Comité des parlementaires sur la sécurit renseignement 1a
– Program expenditures SECURITY INTELLIGENCE REVIEW COMMITTEE Comité de surveillance des activités de renseignement
1a
– Program expenditures SHARED SERVICES CANADA Services partagés Canada
1a
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year from the provision of information techn Shared Services Canada Act — revenues that it receive the provision of those services 5a
– Capital expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset cap incurs in that fiscal year — revenues that it receives in t provision of information technology services under the Act
SOCIAL SCIENCES AND HUMANITIES RESEARCH COUNC Conseil de recherches en sciences humaines 5a
– The grants listed in any of the Estimates for the fiscal ye STATISTICS CANADA Statistique Canada
1a
– Program expenditures
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– The grants listed in any of the Estimates for the fiscal ye
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset rela incurs in that fiscal year — revenues that it receives in t from the provision of internal support services under se TELEFILM CANADA Téléfilm Canada 1a
– Payments to the corporation to be used for the purpose Canada Act TREASURY BOARD SECRETARIAT Secrétariat du Conseil du Trésor
1a
– Program expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal of internal support services under section 29.2 of that A tivities
– The payment to each member of the Queen’s Privy Cou minister without portfolio, or a minister of State who d ministry of State, of a salary — paid annually or pro rat a year — that does not exceed the salary paid under the down to the nearest hundred dollars under section 67 o Canada Act, to ministers of State who preside over min 10a
Government-wide Initiatives
– Authority granted to the Treasury Board to supplement for the fiscal year in support of the implementation of s tiatives in the federal public administration 15a
Compensation Adjustments
– Authority granted to the Treasury Board to supplement for the fiscal year that may need to be partially or fully justments made to terms and conditions of service or e public administration, including the Royal Canadian Mo of members of the Canadian Forces, persons appointed Council and employees of Crown corporations as defin the Financial Administration Act VETERANS REVIEW AND APPEAL BOARD Tribunal des anciens combattants (révision et appel) 1a
– Program expenditures WINDSOR-DETROIT BRIDGE AUTHORITY Autorité du pont Windsor-Détroit
1a
– Payments to the Authority for the discharge of its mand Letters Patent and the Canada-Michigan Crossing Agre
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Chapter 28: Appropriation Act No. 3, 2018–19 SCHEDULE 1 (French)
ANNEXE 1 D’après le Budget supplémentaire des dépenses (A) 2018-2019, la des postes figurant à la présente annexe.
Sommes accordées par la présente loi à Sa Majesté pour l’exercice dées. No du crédit
Postes
ADMINISTRATION CANADIENNE DE LA SÛRETÉ DU TRAN Canadian Air Transport Security Authority 1a
– Paiements à l’Administration pour les dépenses de fonc penses en capital
AGENCE CANADIENNE DE DÉVELOPPEMENT ÉCONOMIQ Canadian Northern Economic Development Agency 1a
– Dépenses de fonctionnement
AGENCE CANADIENNE D’ÉVALUATION ENVIRONNEMEN Canadian Environmental Assessment Agency 1a
– Dépenses du programme
– Subventions inscrites à tout budget des dépenses pour – Contributions
– Autorisation, au titre du paragraphe 29.1(2) de la Loi su publiques, d’affecter, au cours de l’exercice, à la compe gagées au cours de cet exercice, les recettes perçues au proviennent de ce qui suit :
a) la réalisation d’évaluations environnementales pa b) la formation;
c) la prestation de services de soutien internes en ve cette loi. AGENCE CANADIENNE D’INSPECTION DES ALIMENTS Canadian Food Inspection Agency 1a
– Dépenses de fonctionnement
– Subventions inscrites à tout budget des dépenses pour – Contributions 5a
– Dépenses en capital AGENCE DE LA SANTÉ PUBLIQUE DU CANADA Public Health Agency of Canada
1a
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Loi su publiques, d’affecter, au cours de l’exercice, à la compe gagées au cours de cet exercice, les recettes perçues au proviennent de la vente de produits, de la prestation de de la prestation de services de soutien internes en vert loi 10a
– Subventions inscrites à tout budget des dépenses pour – Contributions
AGENCE DE PROMOTION ÉCONOMIQUE DU CANADA AT Atlantic Canada Opportunities Agency 5a
– Subventions inscrites à tout budget des dépenses pour
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No du crédit
Postes – Contributions
AGENCE FÉDÉRALE DE DÉVELOPPEMENT ÉCONOMIQUE L’ONTARIO Federal Economic Development Agency for Southern O 1a
– Dépenses de fonctionnement AGENCE SPATIALE CANADIENNE Canadian Space Agency
1a
– Dépenses de fonctionnement
5a
– Dépenses en capital AUTORITÉ DU PONT WINDSOR-DÉTROIT Windsor-Detroit Bridge Authority
1a
– Paiements à l’Autorité pour l’exécution de son mandat, lettres patentes et à l’Accord sur le passage Canada-Mi
BUREAU CANADIEN D’ENQUÊTE SUR LES ACCIDENTS D SÉCURITÉ DES TRANSPORTS Canadian Transportation Accident Investigation and Sa 1a
– Dépenses du programme
BUREAU DE L’ENQUÊTEUR CORRECTIONNEL DU CANAD Office of the Correctional Investigator of Canada 1a
– Dépenses du programme BUREAU DE L’INFRASTRUCTURE DU CANADA Office of Infrastructure of Canada
1a
– Dépenses de fonctionnement
5a
– Dépenses en capital
10a
– Subventions inscrites à tout budget des dépenses pour – Contributions BUREAU DU CONSEIL PRIVÉ Privy Council Office
1a
– Dépenses du programme, y compris :
a) les dépenses de fonctionnement des commission
b) les contributions relatives aux frais engagés par d sant devant des commissions d’enquête;
c) le fonctionnement de la résidence du premier min
– Autorisation, au titre du paragraphe 29.1(2) de la Loi su publiques, d’affecter, au cours de l’exercice, à la compe connexes engagées au cours de cet exercice, les recett celui-ci qui proviennent de ce qui suit :
a) la formation en matière d’analyse du renseignem
b) la prestation de services de soutien internes en ve cette loi.
– Versement, à chacun des membres du Conseil privé de qui occupe une charge de ministre sans portefeuille ou de ministre d’État sans être à la tête d’un département n’excédant pas celui versé, au titre de la Loi sur les trai
2015-2016-2017-2018
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No du crédit
Postes
d’État qui sont à la tête d’un département d’État, payab prorata pour toute période de moins d’un an et arrondi inférieure en application de l’article 67 de la Loi sur le P BUREAU DU DIRECTEUR DES POURSUITES PÉNALES Office of the Director of Public Prosecutions 1a
– Dépenses du programme
– Autorisation, au titre du paragraphe 29.1(2) de la Loi su publiques, d’affecter, au cours de l’exercice, à la compe gagées au cours de cet exercice, les recettes perçues au proviennent de ce qui suit :
a) les services de poursuites et les services connexe
b) les services de poursuites et les services connexe dat du Bureau — fournis de manière facultative à de organisations non fédérales ou internationales;
c) les services de soutien internes fournis en vertu d loi. CENTRE DE LA SÉCURITÉ DES TÉLÉCOMMUNICATIONS Communications Security Establishment 1a
– Dépenses du programme
– Autorisation, au titre du paragraphe 29.1(2) de la Loi su publiques, d’affecter, au cours de l’exercice, à la compe gagées au cours de cet exercice, les recettes perçues au proviennent de ses activités, notamment la prestation d ternes en vertu de l’article 29.2 de cette loi CHAMBRE DES COMMUNES House of Commons 1a
– Dépenses du programme, notamment les paiements lié bureaux de circonscription des députés – Contributions – Autorisation de dépenser les recettes perçues au cours viennent de ses activités
COMITÉ DE SURVEILLANCE DES ACTIVITÉS DE RENSEIGN Security Intelligence Review Committee 1a
– Dépenses du programme
COMITÉ EXTERNE D’EXAMEN DE LA GENDARMERIE ROY Royal Canadian Mounted Police External Review Comm 1a
– Dépenses du programme COMMISSION CANADIENNE DES GRAINS Canadian Grain Commission
1a
– Dépenses du programme COMMISSION CANADIENNE DU LAIT Canadian Dairy Commission
1a
– Dépenses du programme
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Postes
COMMISSION CIVILE D’EXAMEN ET DE TRAITEMENT DES LA GENDARMERIE ROYALE DU CANADA Civilian Review and Complaints Commission for the Ro Police 1a
– Dépenses du programme COMMISSION DE LA FONCTION PUBLIQUE Public Service Commission
1a
– Dépenses du programme
– Autorisation, au titre du paragraphe 29.1(2) de la Loi su publiques, d’affecter, au cours de l’exercice, à la compe gagées au cours de cet exercice, les recettes perçues au proviennent de la fourniture de produits et services de de counseling et de la prestation de services de soutien ticle 29.2 de cette loi
COMMISSION DE L’IMMIGRATION ET DU STATUT DE RÉF Immigration and Refugee Board 1a
– Dépenses du programme
COMMISSION DES LIBÉRATIONS CONDITIONNELLES DU Parole Board of Canada 1a
– Dépenses du programme
– Autorisation, au titre du paragraphe 29.1(2) de la Loi su publiques, d’affecter, au cours de l’exercice, à la compe gagées au cours de cet exercice, les recettes perçues au proviennent de la prestation de services visant le traite suspension du casier présentées par les personnes con tions à des lois ou règlements fédéraux COMMISSION DU DROIT D’AUTEUR Copyright Board 1a
– Dépenses du programme
COMMISSION MIXTE INTERNATIONALE (SECTION CANA International Joint Commission (Canadian Section) 1a
– Dépenses du programme
– Dépenses de la section canadienne, y compris les traite
– Dépenses relatives aux études, enquêtes et relevés exé en vertu du mandat international qui lui est confié
– Dépenses faites par la Commission en vertu de l’Accord États-Unis relatif à la qualité de l’eau dans les Grands L
CONSEIL DE LA RADIODIFFUSION ET DES TÉLÉCOMMUN CANADIENNES Canadian Radio-television and Telecommunications Co 1a
– Dépenses du programme
– Autorisation, au titre du paragraphe 29.1(2) de la Loi su publiques, d’affecter, au cours de l’exercice, à la compe gagées au cours de cet exercice, les recettes perçues au du Règlement de 2010 sur les droits de télécommunica 1997 sur les droits de licence de radiodiffusion et du Rè latifs aux télécommunications non sollicitées et dans le vités, jusqu’à concurrence des montants approuvés par
2015-2016-2017-2018
Chapter 28: Appropriation Act No. 3, 2018–19 SCHEDULE 1 (French)
No du crédit
Postes CONSEIL DE RECHERCHES EN SCIENCES HUMAINES Social Sciences and Humanities Research Council
5a
– Subventions inscrites à tout budget des dépenses pour
CONSEIL DE RECHERCHES EN SCIENCES NATURELLES E Natural Sciences and Engineering Research Council 5a
– Subventions inscrites à tout budget des dépenses pour
CONSEIL D’EXAMEN DU PRIX DES MÉDICAMENTS BREV Patented Medicine Prices Review Board 1a
– Dépenses du programme CONSEIL NATIONAL DE RECHERCHES DU CANADA National Research Council of Canada
10a
– Subventions inscrites à tout budget des dépenses pour
– Contributions, y compris la fourniture de biens et de se international du Télescope de trente mètres ÉCOLE DE LA FONCTION PUBLIQUE DU CANADA Canada School of Public Service 1a
– Dépenses du programme GENDARMERIE ROYALE DU CANADA Royal Canadian Mounted Police
1a
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Loi su publiques, d’affecter, au cours de l’exercice, à la compe connexes engagées au cours de cet exercice, les recett celui-ci qui proviennent notamment de la prestation de ternes en vertu de l’article 29.2 de cette loi 5a
– Dépenses en capital
10a
– Subventions inscrites à tout budget des dépenses pour prévu pour chaque subvention pouvant être modifié so tion du Conseil du Trésor – Contributions INSTITUTS DE RECHERCHE EN SANTÉ DU CANADA Canadian Institutes of Health Research
5a
– Subventions inscrites à tout budget des dépenses pour MINISTÈRE DE LA CITOYENNETÉ ET DE L’IMMIGRATION Department of Citizenship and Immigration
1a
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Loi su publiques, d’affecter, au cours de l’exercice, à la compe gagées au cours de cet exercice pour la prestation de s programme « Expérience internationale Canada », les r de cet exercice qui proviennent de la prestation de ces
– Versement, à chacun des membres du Conseil privé de qui occupe une charge de ministre sans portefeuille ou de ministre d’État sans être à la tête d’un département
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Chapter 28: Appropriation Act No. 3, 2018–19 SCHEDULE 1 (French)
No du crédit
Postes
n’excédant pas celui versé, au titre de la Loi sur les trai d’État qui sont à la tête d’un département d’État, payab prorata pour toute période de moins d’un an et arrondi inférieure en application de l’article 67 de la Loi sur le P 5a
– Dépenses en capital
10a
– Subventions inscrites à tout budget des dépenses pour
– Contributions, y compris la fourniture de biens et de se MINISTÈRE DE LA DÉFENSE NATIONALE Department of National Defence 1a
– Dépenses de fonctionnement
– Autorisation de contracter, sous réserve d’affectation pa des engagements totalisant 33 438 160 225 $ à l’égard d ministère, quelle que soit l’année au cours de laquelle s ment afférent à l’un ou l’autre de ces engagements (et tranche de 13 906 191 483 $ deviendra payable dans les
– Autorisation de faire des dépenses ou des avances reco des directives du Conseil du Trésor, à l’égard du matér liers, des sociétés, des organismes extérieurs, d’autres nismes fédéraux et d’autres administrations, ou des se – Autorisation d’effectuer des paiements dans le cadre :
a) de programmes de pension, d’assurance et de sé ententes pour les employés recrutés sur place à l’ex
b) de l’administration de ces programmes ou entent contributions, avantages, frais et autres dépenses en ployés recrutés sur place à l’extérieur du Canada et déterminées par le Conseil du Trésor.
– Autorisation, au titre du paragraphe 29.1(2) de la Loi su publiques, d’affecter, au cours de l’exercice, à la compe connexes engagées au cours de cet exercice, les recett celui-ci qui proviennent notamment de la prestation de ternes en vertu de l’article 29.2 de cette loi
– Versement, à chacun des membres du Conseil privé de qui occupe une charge de ministre sans portefeuille ou de ministre d’État sans être à la tête d’un département n’excédant pas celui versé, au titre de la Loi sur les trai d’État qui sont à la tête d’un département d’État, payab prorata pour toute période de moins d’un an et arrondi inférieure en application de l’article 67 de la Loi sur le P 5a
– Dépenses en capital
10a
– Subventions inscrites à tout budget des dépenses pour tions, y compris :
a) les montants versés à un bénéficiaire ou ce qui en pour : (i) la fourniture de biens ou de services, (ii) l’utilisation d’installations;
b) les contributions pouvant être approuvées par le aux termes de l’article 3 de la Loi de 1950 sur les cré
(i) l’acquisition ou le transfert d’équipement de d (ii) la fourniture de services aux fins de défense,
(iii) l’acquisition ou le transfert de fournitures ou défense.
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No du crédit 15a
Postes
– Radiation, au titre du paragraphe 25(2) de la Loi sur la g bliques, de sept dettes totalisant 15 380 $ dues à Sa Ma relatives à :
a) des avances octroyées à des militaires des Forces litaires des forces étrangères présentes au Canada;
b) des avances permanentes émises à des fins milita c) des fonds perdus. 20a
– Renonciation, au titre de l’article 24.1 de la Loi sur la ges bliques, à une créance relative à une avance octroyée à canadiennes, due à Sa Majesté du chef du Canada et s’ MINISTÈRE DE LA DIVERSIFICATION DE L’ÉCONOMIE DE Department of Western Economic Diversification
5a
– Subventions inscrites à tout budget des dépenses pour – Contributions
MINISTÈRE DE L’AGRICULTURE ET DE L’AGROALIMENTA Department of Agriculture and Agri-Food 1a
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Loi su publiques, d’affecter, au cours de l’exercice, à la compe gagées au cours de cet exercice, les recettes perçues au proviennent de ce qui suit :
a) les ententes de recherche concertée et les service
b) les activités de pâturage et de reproduction du Pr communautaires; c) l’administration du programme « Agri-stabilité »;
d) la prestation de services de soutien internes en ve cette loi.
– Versement, à chacun des membres du Conseil privé de qui occupe une charge de ministre sans portefeuille ou de ministre d’État sans être à la tête d’un département n’excédant pas celui versé, au titre de la Loi sur les trai d’État qui sont à la tête d’un département d’État, payab prorata pour toute période de moins d’un an et arrondi inférieure en application de l’article 67 de la Loi sur le P 5a
– Dépenses en capital
10a
– Subventions inscrites à tout budget des dépenses pour – Contributions MINISTÈRE DE LA JUSTICE Department of Justice
1a
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Loi su publiques, d’affecter, au cours de l’exercice, à la compe gagées au cours de cet exercice, les recettes perçues au proviennent de ce qui suit :
a) les services juridiques fournis de manière obligat ganismes fédéraux;
b) les services juridiques — conformes au mandat d manière facultative à des sociétés d’État et à des org ou internationales;
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No du crédit
Postes
c) les services de soutien internes fournis en vertu d loi.
– Versement, à chacun des membres du Conseil privé de qui occupe une charge de ministre sans portefeuille ou de ministre d’État sans être à la tête d’un département n’excédant pas celui versé, au titre de la Loi sur les trai d’État qui sont à la tête d’un département d’État, payab prorata pour toute période de moins d’un an et arrondi inférieure en application de l’article 67 de la Loi sur le P 5a
– Subventions inscrites à tout budget des dépenses pour – Contributions MINISTÈRE DE LA SANTÉ Department of Health
1a
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Loi su publiques, d’affecter, au cours de l’exercice, à la compe gagées au cours de cet exercice, les recettes perçues au proviennent de ce qui suit :
a) la prestation de services — ou la vente de produit santé, au bien-être et aux activités de réglementatio
b) la prestation de services de soutien internes en ve cette loi.
– Versement, à chacun des membres du Conseil privé de qui occupe une charge de ministre sans portefeuille ou de ministre d’État sans être à la tête d’un département n’excédant pas celui versé, au titre de la Loi sur les trai d’État qui sont à la tête d’un département d’État, payab prorata pour toute période de moins d’un an et arrondi inférieure en application de l’article 67 de la Loi sur le P 10a
– Subventions inscrites à tout budget des dépenses pour
– Contributions, sous forme de paiements en argent ou d de services
MINISTÈRE DE LA SÉCURITÉ PUBLIQUE ET DE LA PROTE Department of Public Safety and Emergency Preparedn 1a
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Loi su publiques, d’affecter, au cours de l’exercice, à la compe connexes engagées au cours de cet exercice, les recett celui-ci qui proviennent notamment de la prestation de ternes en vertu de l’article 29.2 de cette loi
– Versement, à chacun des membres du Conseil privé de qui occupe une charge de ministre sans portefeuille ou de ministre d’État sans être à la tête d’un département n’excédant pas celui versé, au titre de la Loi sur les trai d’État qui sont à la tête d’un département d’État, payab prorata pour toute période de moins d’un an et arrondi inférieure en application de l’article 67 de la Loi sur le P 5a
– Subventions inscrites à tout budget des dépenses pour – Contributions
MINISTÈRE DE L’EMPLOI ET DU DÉVELOPPEMENT SOCIA Department of Employment and Social Development 1a
– Dépenses de fonctionnement
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Postes
– Autorisation d’effectuer des dépenses recouvrables liée gime de pensions du Canada et de la Loi sur l’assuranc
– Autorisation, au titre du paragraphe 29.1(2) de la Loi su publiques, d’affecter, au cours de l’exercice, à la compe connexes engagées au cours de cet exercice, les recett celui-ci qui proviennent de ce qui suit : a) les services du Secteur des programmes d’accès
b) les services visant à aider les provinces à adminis vinciaux financés aux termes des ententes sur le dé du travail;
c) les services offerts au nom d’autres ministères féd
d) les services de soutien internes fournis en vertu d loi;
e) tout montant facturé à une société d’État en vertu sur l’indemnisation des agents de l’État en lien avec les recours par subrogation pour les sociétés d’État;
f) la portion des coûts de litige découlant des règlem de réclamation auprès de tiers pour les ministères e vertu de la Loi sur l’indemnisation des agents de l’É
– Versement, à chacun des membres du Conseil privé de qui occupe une charge de ministre sans portefeuille ou de ministre d’État sans être à la tête d’un département n’excédant pas celui versé, au titre de la Loi sur les trai d’État qui sont à la tête d’un département d’État, payab prorata pour toute période de moins d’un an et arrondi inférieure en application de l’article 67 de la Loi sur le P 5a
– Subventions inscrites à tout budget des dépenses pour – Contributions MINISTÈRE DE L’ENVIRONNEMENT Department of the Environment
1a
– Dépenses de fonctionnement
– Autorisation au ministre de l’Environnement d’engager les commissions peuvent avoir besoin et versement à c déterminés par celles-ci
– Autorisation, au titre du paragraphe 29.1(2) de la Loi su publiques, d’affecter, au cours de l’exercice, à la compe connexes engagées au cours de cet exercice, les recett celui-ci qui proviennent de la prestation de services de de l’article 29.2 de cette loi et de ce qui suit :
a) les services de recherche, les services d’analyse e fiques; b) les relevés hydrologiques; c) les services de réglementation;
d) les services de surveillance, notamment les activi sables bitumineux; e) les droits d’entrée; f) les permis; g) les services de biens immobiliers.
– Versement, à chacun des membres du Conseil privé de qui occupe une charge de ministre sans portefeuille ou de ministre d’État sans être à la tête d’un département n’excédant pas celui versé, au titre de la Loi sur les trai d’État qui sont à la tête d’un département d’État, payab
2015-2016-2017-2018
Chapter 28: Appropriation Act No. 3, 2018–19 SCHEDULE 1 (French)
No du crédit
Postes
prorata pour toute période de moins d’un an et arrondi inférieure en application de l’article 67 de la Loi sur le P 10a
– Subventions inscrites à tout budget des dépenses pour
– Contributions, y compris celles aux pays en développem téral pour l’application du Protocole de Montréal, sous argent ou de fourniture de biens, d’équipement ou de s MINISTÈRE DE L’INDUSTRIE Department of Industry 1a
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Loi su publiques, d’affecter, au cours de l’exercice, à la compe gagées au cours de cet exercice, les recettes perçues au proviennent de ce qui suit :
a) la prestation de services de soutien internes en ve cette loi et de services de soutien internes à l’Office lectuelle du Canada;
b) les activités liées aux recherches sur les commun recherches sur les communications;
c) les services et la procédure d’insolvabilité, au titre l’insolvabilité, au Bureau du surintendant des faillite
d) les activités de Corporations Canada au titre de la sociétés par actions, de la Loi sur les chambres de c dienne sur les coopératives et de la Loi canadienne but non lucratif;
e) les services et la procédure réglementaire au Bur pour les fusions et toute chose s’y rapportant, y com une fusion, les certificats de décision préalable et le de la Loi sur la concurrence.
– Versement, à chacun des membres du Conseil privé de qui occupe une charge de ministre sans portefeuille ou de ministre d’État sans être à la tête d’un département n’excédant pas celui versé, au titre de la Loi sur les trai d’État qui sont à la tête d’un département d’État, payab prorata pour toute période de moins d’un an et arrondi inférieure en application de l’article 67 de la Loi sur le P 10a
– Subventions inscrites à tout budget des dépenses pour – Contributions
MINISTÈRE DES AFFAIRES ÉTRANGÈRES, DU COMMERC DÉVELOPPEMENT Department of Foreign Affairs, Trade and Development 1a
– Dépenses de fonctionnement, y compris celles liées à la tants du Canada à l’étranger, à leur personnel et aux Ca gouvernement canadien au personnel d’organismes in
– Autorisation de faire des avances recouvrables à des or jusqu’à concurrence de la valeur des actions détenues nismes
– Dépenses relatives aux locaux de l’Organisation de l’av
– Autorisation d’effectuer des dépenses recouvrables pou sidents canadiens domiciliés à l’extérieur du Canada qu à l’étranger, y compris leurs personnes à charge, et pou
– Autorisation, au titre du paragraphe 29.1(2) de la Loi su publiques, d’affecter, au cours de l’exercice, à la compe connexes engagées au cours de cet exercice, les recett celui-ci qui proviennent de ce qui suit :
2015-2016-2017-2018
Chapter 28: Appropriation Act No. 3, 2018–19 SCHEDULE 1 (French)
No du crédit
Postes a) les foires commerciales et éducatives; b) les publications ministérielles; c) la prestation des services suivants :
(i) la formation offerte par l’Institut canadien du s (ii) les missions commerciales et autres services commerce international,
(iii) les services de développement des investisse
(iv) les services de télécommunication internatio
(v) les autres services fournis à l’étranger à d’aut nismes, sociétés d’État et autres organisations no (vi) les services consulaires spécialisés.
– Versement, à chacun des membres du Conseil privé de qui occupe une charge de ministre sans portefeuille ou de ministre d’État sans être à la tête d’un département n’excédant pas celui versé, au titre de la Loi sur les trai d’État qui sont à la tête d’un département d’État, payab prorata pour toute période de moins d’un an et arrondi inférieure en application de l’article 67 de la Loi sur le P 5a
– Dépenses en capital
10a
– Subventions inscrites à tout budget des dépenses pour
– Contributions, y compris les paiements à d’autres fins p de biens et de services pour :
a) la promotion du commerce et de l’investissement b) l’aide humanitaire internationale et l’aide fournie internationale, le développement international et la 15a
– Paiements effectués dans le cadre :
a) de programmes de pension, d’assurance et de sé ententes pour les employés recrutés sur place à l’ex
b) de l’administration de ces programmes ou entent contributions, avantages, frais et autres dépenses en ployés recrutés sur place à l’extérieur du Canada et déterminées par le Conseil du Trésor.
MINISTÈRE DES AFFAIRES INDIENNES ET DU NORD CAN Department of Indian Affairs and Northern Developmen 1a
– Dépenses de fonctionnement
– Dépenses relatives aux ouvrages, bâtiments et matériel
– Autorisation d’effectuer des dépenses — recouvrables o travaux effectués sur des propriétés n’appartenant pas et aux services fournis à l’égard de celles-ci
– Autorisation d’affecter des fonds dans le cadre d’activit économique des Indiens et des Inuits, relatives au déve des Indiens et des Inuits et à l’approvisionnement en m
– Autorisation de vendre de l’électricité, conformément a par le gouverneur en conseil, aux consommateurs qui s vant dans des centres éloignés lorsque ces derniers n’o alternatives locales d’approvisionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Loi su publiques, d’affecter, au cours de l’exercice, à la compe connexes engagées au cours de cet exercice, les recett celui-ci qui proviennent de la prestation de services de de l’article 29.2 de cette loi
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No du crédit
Postes
– Versement, à chacun des membres du Conseil privé de qui occupe une charge de ministre sans portefeuille ou de ministre d’État sans être à la tête d’un département n’excédant pas celui versé, au titre de la Loi sur les trai d’État qui sont à la tête d’un département d’État, payab prorata pour toute période de moins d’un an et arrondi inférieure en application de l’article 67 de la Loi sur le P 5a
– Dépenses en capital
– Dépenses relatives aux bâtiments, ouvrages, terrains et le contrôle et la propriété peuvent être cédés :
a) soit aux gouvernements provinciaux, selon les co le gouverneur en conseil;
b) soit à des bandes indiennes ou à des Indiens, à ti à la discrétion du ministre des Affaires indiennes et
– Dépenses relatives aux bâtiments, ouvrages, terrains et l’égard de propriétés n’appartenant pas au gouvernem
– Autorisation d’effectuer des dépenses recouvrables pou sant pas la part des frais assumés par les gouvernemen routes et ouvrages connexes 10a
– Subventions inscrites à tout budget des dépenses pour – Contributions MINISTÈRE DES ANCIENS COMBATTANTS Department of Veterans Affairs
1a
– Dépenses de fonctionnement
– Dépenses afférentes à l’entretien de propriétés immobi latives à des travaux de génie et de recherche techniqu valeur tangible à la propriété ainsi que le paiement des vices publics
– Sous réserve de l’approbation du gouverneur en conse rentes :
a) aux travaux de réparation nécessaires sur des pro vertu de contrats particuliers à prix ferme et vendue sur les terres destinées aux anciens combattants (S. de corriger des défectuosités dont ni l’ancien comba peuvent être tenus financièrement responsables;
b) à tout autre travail qui s’impose sur d’autres prop der l’intérêt que le directeur y possède.
– Versement, à chacun des membres du Conseil privé de qui occupe une charge de ministre sans portefeuille ou de ministre d’État sans être à la tête d’un département n’excédant pas celui versé, au titre de la Loi sur les trai d’État qui sont à la tête d’un département d’État, payab prorata pour toute période de moins d’un an et arrondi inférieure en application de l’article 67 de la Loi sur le P 5a
– Subventions inscrites à tout budget des dépenses pour crit à chacune des subventions pouvant être modifié so tion du Conseil du Trésor – Contributions MINISTÈRE DES FINANCES Department of Finance
1a
– Dépenses du programme – Contributions
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No du crédit
Postes
– Autorisation, au titre du paragraphe 29.1(2) de la Loi su publiques, d’affecter, au cours de l’exercice, à la compe connexes engagées au cours de cet exercice, les recett celui-ci qui proviennent de la prestation de services de de l’article 29.2 de cette loi
– Versement, à chacun des membres du Conseil privé de qui occupe une charge de ministre sans portefeuille ou de ministre d’État sans être à la tête d’un département n’excédant pas celui versé, au titre de la Loi sur les trai d’État qui sont à la tête d’un département d’État, payab prorata pour toute période de moins d’un an et arrondi inférieure en application de l’article 67 de la Loi sur le P 10a
– En vertu du paragraphe 14(1) de la Loi sur le Bureau de canadien de réglementation des valeurs mobilières, le ments directs que le ministre des Finances peut faire au vers un régime canadien de réglementation des valeur der 107 500 000 $ MINISTÈRE DES PÊCHES ET DES OCÉANS Department of Fisheries and Oceans
1a
– Dépenses de fonctionnement
– Participation du Canada aux dépenses des commission pêches
– Autorisation de fournir gratuitement des locaux aux com des pêches
– Autorisation de faire des avances recouvrables équivale quote-part de ces commissions dans les programmes à
– Autorisation de faire des avances recouvrables pour de d’arrimage et d’autres services de la marine marchand liers, à des organismes indépendants et à d’autres gou l’exercice de sa compétence en matière de navigation, navigation et à la navigation maritime
– Autorisation, au titre du paragraphe 29.1(2) de la Loi su publiques, d’affecter, au cours de l’exercice, à la compe gagées au cours de cet exercice, les recettes perçues au proviennent de ce qui suit : a) les activités de la Garde côtière canadienne;
b) la prestation de services de soutien internes en ve cette loi.
– Versement, à chacun des membres du Conseil privé de qui occupe une charge de ministre sans portefeuille ou de ministre d’État sans être à la tête d’un département n’excédant pas celui versé, au titre de la Loi sur les trai d’État qui sont à la tête d’un département d’État, payab prorata pour toute période de moins d’un an et arrondi inférieure en application de l’article 67 de la Loi sur le P 5a
– Dépenses en capital
– Autorisation de faire des paiements aux provinces, aux torités locales ou privées à titre de contributions à des entrepris par ces administrations ou autorités
– Autorisation d’acheter des bateaux de pêche commerci 10a
– Subventions inscrites à tout budget des dépenses pour – Contributions
2015-2016-2017-2018
Chapter 28: Appropriation Act No. 3, 2018–19 SCHEDULE 1 (French)
No du crédit
Postes MINISTÈRE DES RESSOURCES NATURELLES Department of Natural Resources
1a
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Loi su publiques, d’affecter, au cours de l’exercice, à la compe gagées au cours de cet exercice, les recettes perçues au proviennent de ce qui suit : a) la vente de produits d’information et de produits
b) la délivrance de licences, de permis et de certifica les explosifs et du Règlement de 2013 sur les explos c) la formation et les attestations de formation liées visés à l’alinéa b);
d) la perception, dans le cadre des activités du minis services de recherche, de consultation, d’évaluation tration et pour l’accès à des travaux de recherche;
e) la prestation de services de soutien internes en ve Loi sur la gestion des finances publiques.
– Versement, à chacun des membres du Conseil privé de qui occupe une charge de ministre sans portefeuille ou de ministre d’État sans être à la tête d’un département n’excédant pas celui versé, au titre de la Loi sur les trai d’État qui sont à la tête d’un département d’État, payab prorata pour toute période de moins d’un an et arrondi inférieure en application de l’article 67 de la Loi sur le P 5a
– Dépenses en capital
10a
– Subventions inscrites à tout budget des dépenses pour – Contributions
MINISTÈRE DES SERVICES AUX AUTOCHTONES DU CAN Department of Indigenous Services Canada 1a
– Dépenses de fonctionnement
– Dépenses relatives aux ouvrages, bâtiments et matériel
– Autorisation d’effectuer des dépenses — recouvrables o travaux effectués sur des propriétés n’appartenant pas et aux services fournis à l’égard de celles-ci
– Autorisation d’affecter des fonds dans le cadre d’activit économique des Indiens et des Inuits, relatives au déve des Indiens et des Inuits et à l’approvisionnement en m
– Autorisation de vendre de l’électricité, conformément a par le gouverneur en conseil, aux consommateurs qui s vant dans des centres éloignés lorsque ces derniers n’o alternatives locales d’approvisionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Loi su publiques, d’affecter, au cours de l’exercice, à la compe connexes engagées au cours de cet exercice, les recett celui-ci qui proviennent de ce qui suit :
a) la prestation de services ou la vente de produits s tion de la santé et aux services médicaux;
b) la prestation de services de soutien internes en ve cette loi.
– Versement, à chacun des membres du Conseil privé de qui occupe une charge de ministre sans portefeuille ou de ministre d’État sans être à la tête d’un département n’excédant pas celui versé, au titre de la Loi sur les trai d’État qui sont à la tête d’un département d’État, payab
2015-2016-2017-2018
Chapter 28: Appropriation Act No. 3, 2018–19 SCHEDULE 1 (French)
No du crédit
Postes
prorata pour toute période de moins d’un an et arrondi inférieure en application de l’article 67 de la Loi sur le P 5a
– Dépenses en capital
– Dépenses relatives aux bâtiments, ouvrages, terrains et le contrôle et la propriété peuvent être cédés :
a) soit aux gouvernements provinciaux, selon les co le gouverneur en conseil;
b) soit à des bandes indiennes ou à des Indiens, à ti à la discrétion du ministre d’État portant le titre de m Autochtones.
– Dépenses relatives aux bâtiments, ouvrages, terrains et l’égard de propriétés n’appartenant pas au gouvernem
– Autorisation d’effectuer des dépenses recouvrables pou sant pas la part des frais assumés par les gouvernemen routes et ouvrages connexes 10a
– Subventions inscrites à tout budget des dépenses pour
– Contributions, sous forme de paiements en argent ou d de services MINISTÈRE DES TRANSPORTS Department of Transport 1a
– Dépenses de fonctionnement
– Autorisation d’engager des dépenses pour des biens au cadre de l’exercice d’une compétence en matière d’aér
– Autorisation de payer des commissions pour le recouvr tu de la Loi sur l’aéronautique
– Autorisation, au titre du paragraphe 29.1(2) de la Loi su publiques, d’affecter, au cours de l’exercice, à la compe gagées au cours de cet exercice, les recettes perçues au proviennent notamment de la prestation de services de de l’article 29.2 de cette loi
– Versement, à chacun des membres du Conseil privé de qui occupe une charge de ministre sans portefeuille ou de ministre d’État sans être à la tête d’un département n’excédant pas celui versé, au titre de la Loi sur les trai d’État qui sont à la tête d’un département d’État, payab prorata pour toute période de moins d’un an et arrondi inférieure en application de l’article 67 de la Loi sur le P 5a
– Dépenses en capital
10a
Subventions et contributions — Réseau de transport effica
– Subventions inscrites à tout budget des dépenses pour – Contributions 15a
Subventions et contributions — Réseau de transport écolo
– Subventions inscrites à tout budget des dépenses pour – Contributions 20a
Subventions et contributions — Réseau de transport sûr e
– Subventions inscrites à tout budget des dépenses pour – Contributions
2015-2016-2017-2018
Chapter 28: Appropriation Act No. 3, 2018–19 SCHEDULE 1 (French)
No du crédit
Postes
MINISTÈRE DES TRAVAUX PUBLICS ET DES SERVICES G Department of Public Works and Government Services 1a
– Dépenses de fonctionnement pour la prestation de serv caux et de services communs et centraux
– Autorisation d’effectuer des dépenses recouvrables liée gime de pensions du Canada, de la Loi sur l’assurancel’administration des biens saisis
– Autorisation de dépenser les recettes perçues au cours viennent de la prestation de services de gestion des loc muns et centraux
– Autorisation, au titre du paragraphe 29.1(2) de la Loi su publiques, d’affecter, au cours de l’exercice, à la compe gagées au cours de cet exercice, les recettes perçues au proviennent notamment de la prestation de services de de l’article 29.2 de cette loi
– Versement, à chacun des membres du Conseil privé de qui occupe une charge de ministre sans portefeuille ou de ministre d’État sans être à la tête d’un département n’excédant pas celui versé, au titre de la Loi sur les trai d’État qui sont à la tête d’un département d’État, payab prorata pour toute période de moins d’un an et arrondi inférieure en application de l’article 67 de la Loi sur le P MINISTÈRE DU PATRIMOINE CANADIEN Department of Canadian Heritage 1a
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Loi su publiques, d’affecter, au cours de l’exercice, à la compe gagées au cours de cet exercice, les recettes perçues au proviennent de ce qui suit :
a) les activités de l’Institut canadien de conservation d’information sur le patrimoine et du Bureau de cert diovisuels canadiens;
b) les activités afférentes au programme « Expérienc
c) la prestation de services de soutien internes en ve cette loi.
– Versement, à chacun des membres du Conseil privé de qui occupe une charge de ministre sans portefeuille ou de ministre d’État sans être à la tête d’un département n’excédant pas celui versé, au titre de la Loi sur les trai d’État qui sont à la tête d’un département d’État, payab prorata pour toute période de moins d’un an et arrondi inférieure en application de l’article 67 de la Loi sur le P 5a
– Subventions inscrites à tout budget des dépenses pour – Contributions OFFICE DES TRANSPORTS DU CANADA Canadian Transportation Agency
1a
– Dépenses du programme OFFICE NATIONAL DE L’ÉNERGIE National Energy Board
1a
– Dépenses du programme – Contributions
2015-2016-2017-2018
Chapter 28: Appropriation Act No. 3, 2018–19 SCHEDULE 1 (French)
No du crédit
Postes OFFICE NATIONAL DU FILM National Film Board
1a
– Dépenses du programme REGISTRAIRE DE LA COUR SUPRÊME DU CANADA Registrar of the Supreme Court of Canada
1a
– Dépenses du programme
SECRÉTARIAT DU COMITÉ DES PARLEMENTAIRES SUR L ET LE RENSEIGNEMENT Secretariat of the National Security and Intelligence Co Parliamentarians 1a
– Dépenses du programme SECRÉTARIAT DU CONSEIL DU TRÉSOR Treasury Board Secretariat
1a
– Dépenses du programme
– Autorisation, au titre du paragraphe 29.1(2) de la Loi su publiques, d’affecter, au cours de l’exercice, à la compe gagées au cours de cet exercice, les recettes perçues au proviennent de la prestation de services de soutien inte 29.2 de cette loi et de ses autres activités
– Versement, à chacun des membres du Conseil privé de qui occupe une charge de ministre sans portefeuille ou de ministre d’État sans être à la tête d’un département n’excédant pas celui versé, au titre de la Loi sur les trai d’État qui sont à la tête d’un département d’État, payab prorata pour toute période de moins d’un an et arrondi inférieure en application de l’article 67 de la Loi sur le P 10a
Initiatives pangouvernementales
– Autorisation donnée au Conseil du Trésor d’augmenter l’exercice, pour appuyer la mise en œuvre d’initiatives nistration publique fédérale en matière de gestion strat 15a
Rajustements à la rémunération
– Autorisation donnée au Conseil du Trésor d’augmenter l’exercice qui peut nécessiter un financement partiel ou justements effectués aux modalités de service ou d’em publique fédérale, notamment la Gendarmerie royale d des Forces canadiennes, des personnes nommées par et des employés des sociétés d’État, au sens du paragr gestion des finances publiques
SERVICE ADMINISTRATIF DES TRIBUNAUX JUDICIAIRES Courts Administration Service 1a
– Dépenses du programme SERVICE CANADIEN DU RENSEIGNEMENT DE SÉCURITÉ Canadian Security Intelligence Service
1a
– Dépenses du programme SERVICE CORRECTIONNEL DU CANADA Correctional Service of Canada
1a
– Dépenses de fonctionnement
– Subventions inscrites à tout budget des dépenses pour
2015-2016-2017-2018
Chapter 28: Appropriation Act No. 3, 2018–19 SCHEDULE 1 (French)
No du crédit
Postes – Contributions
– Autorisation de verser à la Caisse de bienfaisance des d au cours de l’exercice, des activités des détenus financ
– Autorisation d’exploiter des cantines dans les établissem ser les recettes, au cours de l’exercice, à la Caisse de bi
– Paiements, selon les conditions fixées par le gouverneu
a) aux détenus libérés aux prises avec une incapacit leur participation aux activités normales dans des ét ou pour le compte de tels détenus; b) aux personnes à charge de détenus — libérés ou de leur participation à de telles activités.
– Autorisation au ministre de la Sécurité publique et de la réserve de l’approbation du gouverneur en conseil, de avec le gouvernement de toute province en vue, selon
a) de l’incarcération, dans les établissements de cett condamnées ou transférées dans un pénitencier;
b) de l’indemnisation afférente à l’entretien de ces p c) du paiement des frais de construction et d’autres blissements. SERVICE DE PROTECTION PARLEMENTAIRE Parliamentary Protective Service 1a
– Dépenses du programme – Autorisation de dépenser les recettes perçues au cours viennent de ses activités SERVICES PARTAGÉS CANADA Shared Services Canada
1a
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Loi su publiques, d’affecter, au cours de l’exercice, à la compe gagées au cours de cet exercice pour la prestation de s l’information au titre de la Loi sur Services partagés Ca au cours de celui-ci qui proviennent de la prestation de 5a
– Dépenses en capital
– Autorisation, au titre du paragraphe 29.1(2) de la Loi su publiques, d’affecter, au cours de l’exercice, à la compe capital engagées au cours de cet exercice, les recettes p ci qui proviennent de la prestation de services de techn au titre de la Loi sur Services partagés Canada
SOCIÉTÉ CANADIENNE D’HYPOTHÈQUES ET DE LOGEME Canada Mortgage and Housing Corporation 1a
– Paiements à la Société visant à la rembourser pour les r elle sur les prêts consentis, les subventions et contribu penses contractées, les pertes subies et les frais et déb cas : a) au titre de la Loi nationale sur l’habitation;
b) dans le cadre des attributions qui lui sont conféré dérale et qu’elle exerce en conformité avec la Loi su d’hypothèques et de logement.
2015-2016-2017-2018
Chapter 28: Appropriation Act No. 3, 2018–19 SCHEDULE 1 (French)
No du crédit
Postes STATISTIQUE CANADA Statistics Canada
1a
– Dépenses du programme
– Subventions inscrites à tout budget des dépenses pour
– Autorisation, au titre du paragraphe 29.1(2) de la Loi su publiques, d’affecter, au cours de l’exercice, à la compe connexes engagées au cours de cet exercice, les recett celui-ci qui proviennent notamment de la prestation de ternes en vertu de l’article 29.2 de cette loi TÉLÉFILM CANADA Telefilm Canada 1a
– Paiements à la société devant servir aux fins prévues pa Canada
TRIBUNAL DES ANCIENS COMBATTANTS (RÉVISION ET A Veterans Review and Appeal Board 1a
– Dépenses du programme
2015-2016-2017-2018
Chapter 28: Appropriation Act No. 3, 2018–19 SCHEDULE 2
SCHEDULE 2
Based on the Supplementary Estimates (A), 2018–19, the amount items set out in this Schedule.
Sums granted to Her Majesty by this Act for the fiscal year endin following fiscal year ending March 31, 2020 and the purposes for w Vote No.
Items CANADA BORDER SERVICES AGENCY Agence des services frontaliers du Canada
1a
– Operating expenditures
– Authority, as referred to in paragraph 29.1(2)(a) of the F Act, to expend in the fiscal year — in order to offset exp that fiscal year — revenues that it receives in that fiscal
(a) fees, related to border operations, for the provisi of a facility or for a product, right or privilege; and (b) payments received under contracts entered into 5a
– Capital expenditures CANADA REVENUE AGENCY Agence du revenu du Canada
1a
– Operating expenditures – Contributions
– Authority to make recoverable expenditures in relation Canada Pension Plan and the Employment Insurance A 5a
– Capital expenditures
– Authority to make recoverable expenditures in relation Canada Pension Plan and the Employment Insurance A PARKS CANADA AGENCY Agence Parcs Canada 1a
– Program expenditures – Capital expenditures
– The grants listed in any of the Estimates for the fiscal y – Contributions, including
(a) expenditures on other than federal property; and
(b) payments to provinces and municipalities as con cost of undertakings carried out by those bodies
2015-2016-2017-2018
Chapter 28: Appropriation Act No. 3, 2018–19 SCHEDULE 2 (French)
ANNEXE 2
D’après le Budget supplémentaire des dépenses (A) 2018-2019, la des postes figurant à la présente annexe.
Sommes accordées par la présente loi à Sa Majesté pour l’exercice en cours et à l’exercice suivant se terminant le 31 mars 2020, et fin No du crédit
Postes AGENCE DES SERVICES FRONTALIERS DU CANADA Canada Border Services Agency
1a
– Dépenses de fonctionnement
– Autorisation, au titre du paragraphe 29.1(2) de la Loi su publiques, d’affecter, au cours de l’exercice, à la compe gagées au cours de cet exercice, les recettes perçues au proviennent de ce qui suit :
a) les droits — liés aux activités à la frontière — perç d’un service, l’utilisation d’une installation, l’achat d d’un droit ou d’un privilège;
b) les paiements reçus au titre de contrats conclus p 5a
– Dépenses en capital AGENCE DU REVENU DU CANADA Canada Revenue Agency
1a
– Dépenses de fonctionnement – Contributions
– Autorisation d’effectuer des dépenses recouvrables liée gime de pensions du Canada et de la Loi sur l’assuranc 5a
– Dépenses en capital
– Autorisation d’effectuer des dépenses recouvrables liée gime de pensions du Canada et de la Loi sur l’assuranc AGENCE PARCS CANADA Parks Canada Agency 1a
– Dépenses du programme – Dépenses en capital
– Subventions inscrites à tout budget des dépenses pour – Contributions, notamment :
a) les dépenses afférentes à des propriétés autres q ment fédéral;
b) les paiements aux provinces et aux municipalités l’égard des engagements assumés par ces dernière
Published under authority of the Speaker of the House of Commons 2015-2016-2017-2018
Disponible sur le site Web de la Chambre des comm
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First Session, Forty-second Parliament, 64-65-66-67 Elizabeth II, 2015-2016-2017-2018
STATUTES OF CANADA 2018
CHAPTER 29
An Act to amend the Criminal Code and the Department of Justice Act and to make consequential amendments to another Act
ASSENTED TO DECEMBER 13, 2018 BILL C-51
SUMMARY This enactment amends the Criminal Code to amend, remove or repeal passages and provisions that have been ruled unconstitutional or that raise risks with regard to the Canadian Charter of Rights and Freedoms, as well as passages and provisions that are obsolete, redundant or that no longer have a place in criminal law. It also modifies certain provisions of the Code relating to sexual assault in order to clarify their application and to provide a procedure applicable to the admissibility and use of a complainant’s record when in the possession of the accused. This enactment also amends the Department of Justice Act to require that the Minister of Justice cause to be tabled, for every government Bill introduced in either House of Parliament, a statement of the Bill’s potential effects on the rights and freedoms guaranteed by the Canadian Charter of Rights and Freedoms. Finally, it makes consequential amendments to the Criminal Records Act.
i
64-65-66-67 ELIZABETH II
CHAPTER 29
An Act to amend the Criminal Code and the Department of Justice Act and to make consequential amendments to another Act [Assented to 13th December, 2018] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: R.S., c. C-46
Criminal Code 1 Section 49 of the Criminal Code is repealed. 2 Section 55 of the Act is replaced by the following:
Evidence of overt acts 55 In proceedings for an offence against any provision in section 47 or sections 50 to 53, evidence of an overt act is not admissible unless that overt act is set out in the indictment or unless the evidence is otherwise relevant as tending to prove an overt act that is set out in the indictment. 3 Subsection 57(3) of the Act is replaced by the
following: Possession of forged passport, etc. (3) Every person who, without lawful excuse, has in their
possession a forged passport or a passport in respect of which an offence under subsection (2) has been committed is guilty of an indictable offence and liable to imprisonment for a term of not more than five years. 4 Section 71 of the Act is repealed. 1997, c. 23, s. 2; 2001, c. 32, s. 3(F)
5 Section 82 of the Act is replaced by the following:
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Possession of explosive 82 (1) Every person who, without lawful excuse, makes
or has in their possession or under their care or control any explosive substance is guilty of an indictable offence and liable to imprisonment for a term of not more than five years. Possession in association with criminal organization (2) Every person who, without lawful excuse, makes or has in their possession or under their care or control any explosive substance for the benefit of, at the direction of or in association with a criminal organization is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years. 1995, c. 39, s. 139
6 The portion of subsection 108(1) of the Act before paragraph (a) is replaced by the following:
Tampering with serial number 108 (1) Every person commits an offence who, without
lawful excuse, 7 (1) The portion of section 125 of the English version of the Act before paragraph (a) is replaced by the following:
Influencing or negotiating appointments or dealing in offices 125 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years who (2) The portion of paragraph 125(c) of the Act before subparagraph (i) is replaced by the following: (c) keeps without lawful authority a place for transacting or negotiating any business relating to
(3) The portion of section 125 of the English version of the Act after paragraph (c) is repealed.
8 Section 143 of the Act is repealed. R.S., c. 27 (1st Supp.), s. 20(1)
9 (1) The portion of subsection 145(1) of the English version of the Act before paragraph (a) is replaced by the following:
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Escape and being at large without excuse 145 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who R.S., c. 27 (1st Supp.), s. 20(1)
(2) Paragraph 145(1)(b) of the Act is replaced by the following: (b) is, before the expiration of a term of imprisonment
to which they were sentenced, at large in or out of Canada without lawful excuse. R.S., c. 27 (1st Supp.), s. 20(1)
(3) The portion of subsection 145(1) of the English
version of the Act after paragraph (b) is repealed.
R.S., c. 27 (1st Supp.), s. 20(1)
(4) The portion of subsection 145(2) of the English version of the Act before paragraph (a) is replaced by the following:
Failure to attend court (2) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who, R.S., c. 27 (1st Supp.), s. 20(1)
(5) Paragraphs 145(2)(a) and (b) of the Act are replaced by the following: (a) being at large on their undertaking or recognizance given to or entered into before a justice or judge, fails, without lawful excuse, to attend court in accordance with the undertaking or recognizance; or (b) having appeared before a court, justice or judge, fails, without lawful excuse, to attend court as subsequently required by the court, justice or judge or to surrender themselves in accordance with an order of the court, justice or judge, as the case may be.
R.S., c. 27 (1st Supp.), s. 20(1)
(6) The portion of subsection 145(2) of the Act after paragraph (b) is repealed. 2008, c. 18, s. 3
(7) The portion of subsection 145(3) of the Act before paragraph (a) is replaced by the following:
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Failure to comply with condition of undertaking or recognizance (3) Every person who is at large on an undertaking or recognizance given to or entered into before a justice or judge and is bound to comply with a condition of that undertaking or recognizance, and every person who is bound to comply with a direction under subsection 515(12) or 522(2.1) or an order under subsection 516(2), and who fails, without lawful excuse, to comply with the condition, direction or order is guilty of (8) The portion of subsection 145(4) of the Act before paragraph (a) is replaced by the following:
Failure to appear or to comply with summons (4) Every person who is served with a summons and who
fails, without lawful excuse, to appear at the time and place stated in it for the purposes of the Identification of Criminals Act or to attend court in accordance with it, is guilty of (9) The portion of subsection 145(4) of the French version of the Act after paragraph (b) is repealed.
1997, c. 18, s. 3(1)(E)
(10) The portion of subsection 145(5) of the Act before paragraph (a) is replaced by the following:
Failure to comply with appearance notice or promise to appear (5) Every person who is named in an appearance notice
or promise to appear, or in a recognizance entered into before an officer in charge or another peace officer, that has been confirmed by a justice under section 508 and who fails, without lawful excuse, to appear at the time and place stated in it for the purposes of the Identification of Criminals Act, or to attend court in accordance with it, is guilty of
1997, c. 18, s. 3(1)(F)
(11) The portion of subsection 145(5) of the French version of the Act after paragraph (b) is repealed. 1997, c. 18, s. 3(2)
(12) The portion of subsection 145(5.1) of the Act
before paragraph (a) is replaced by the following:
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Failure to comply with conditions of undertaking (5.1) Every person who, without lawful excuse, fails to comply with any condition of an undertaking entered into under subsection 499(2) or 503(2.1) 1998, c. 9, s. 2
10 (1) Section 153.1 of the Act is amended by
adding the following after subsection (2):
Consent (2.1) Consent must be present at the time the sexual activity in question takes place. Question of law (2.2) The question of whether no consent is obtained under subsection (3) or (4) or 265(3) is a question of law. (2) The portion of subsection 153.1(3) of the Act before paragraph (a) is replaced by the following:
When no consent obtained (3) For the purposes of this section, no consent is obtained if
1998, c. 9, s. 2
(2.1) Paragraph 153.1(3)(b) of the Act is replaced by the following: (a.1) the complainant is unconscious; (b) the complainant is incapable of consenting to the
activity for any reason other than the one referred to in paragraph (a.1); 1998, c. 9, s. 2
(3) Subsection 153.1(4) of the French version of
the Act is replaced by the following: Précision (4) Le paragraphe (3) n’a pas pour effet de limiter les circonstances dans lesquelles il n’y a pas de consentement de la part du plaignant. 1998, c. 9, s. 2
(4) Paragraph 153.1(5)(a) of the English version of
the Act is replaced by the following: (a) the accused’s belief arose from (i) the accused’s self-induced intoxication,
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(ii) the accused’s recklessness or wilful blindness,
or (5) Paragraph 153.1(5)(a) of the Act is amended by adding the following after subparagraph (ii): (iii) any circumstance referred to in subsection (3)
or (4) or 265(3) in which no consent is obtained; (6) Subsection 153.1(5) of the Act is amended by
adding “or” at the end of paragraph (b) and by adding the following after that paragraph: (c) there is no evidence that the complainant’s voluntary agreement to the activity was affirmatively expressed by words or actively expressed by conduct. 11 (1) Subsection 163(1) of the Act is replaced by
the following: Obscene materials 163 (1) Every person commits an offence who makes,
prints, publishes, distributes, circulates or has in their possession for the purpose of publication, distribution or circulation any obscene written matter, picture, model, phonograph record or any other obscene thing. (2) The portion of subsection 163(2) of the English version of the Act before paragraph (b) is replaced by the following:
Idem (2) Every person commits an offence who knowingly, without lawful justification or excuse, (a) sells, exposes to public view or has in their possession for that purpose any obscene written matter, picture, model, phonograph record or any other obscene thing; or (3) Paragraphs 163(2)(c) and (d) of the Act are repealed. (4) Subsection 163(7) of the Act is repealed.
2014, c. 25, s. 46(2)
12 (1) Paragraph 164(1)(c) of the Act is replaced
by the following: (c) the publication, copies of which are kept for sale or
distribution in premises within the jurisdiction of the court, is obscene, within the meaning of subsection 163(8);
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2014, c. 25, s. 46(3)
(2) Subsections 164(3) to (5) of the Act are replaced by the following: Owner and maker may appear (3) The owner and the maker of the matter seized under
subsection (1), and alleged to be obscene, child pornography, a voyeuristic recording, an intimate image or an advertisement of sexual services, may appear and be represented in the proceedings to oppose the making of an order for the forfeiture of the matter.
Order of forfeiture (4) If the court is satisfied, on a balance of probabilities, that the publication, representation, written material or recording referred to in subsection (1) is obscene, child pornography, a voyeuristic recording, an intimate image or an advertisement of sexual services, it may make an order declaring the matter forfeited to Her Majesty in right of the province in which the proceedings take place, for disposal as the Attorney General may direct.
Disposal of matter (5) If the court is not satisfied that the publication, representation, written material or recording referred to in subsection (1) is obscene, child pornography, a voyeuristic recording, an intimate image or an advertisement of sexual services, it shall order that the matter be restored to the person from whom it was seized without delay after the time for final appeal has expired. (3) The definition crime comic in subsection 164(8) of the Act is repealed. 13 Section 165 of the Act is repealed. 13.1 Paragraphs 176(1)(a) and (b) of the Act are replaced by the following: (a) by threats or force, unlawfully obstructs or prevents or endeavours to obstruct or prevent an officiant from celebrating a religious or spiritual service or performing any other function in connection with their calling, or (b) knowing that an officiant is about to perform, is on their way to perform or is returning from the performance of any of the duties or functions mentioned in paragraph (a) (i) assaults or offers any violence to them, or (ii) arrests them on a civil process, or under the pretence of executing a civil process,
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14 Sections 177 and 178 of the Act are replaced by
the following: Trespassing at night 177 Every person who, without lawful excuse, loiters or
prowls at night on the property of another person near a dwelling-house situated on that property is guilty of an offence punishable on summary conviction.
2004, c. 15, s. 108
15 Subparagraph (a)(xxviii) of the definition offence in section 183 of the Act is replaced by the following: (xxviii) subsection 163(1) (obscene materials), 16 Section 198 of the Act is repealed. 1999, c. 5, s. 6(2)
17 (1) Paragraph 207(4)(c) of the Act is replaced
by the following: (c) for the purposes of paragraphs (1)(b) to (f), a game or proposal, scheme, plan, means, device, contrivance or operation described in any of paragraphs 206(1)(a) to (g) that is operated on or through a computer, video device, slot machine or a dice game.
(2) Section 207 of the Act is amended by adding
the following after subsection (4): Definition of slot machine (4.01) In paragraph 4(c), slot machine means any automatic machine or slot machine, other than any automatic machine or slot machine that dispenses as prizes only one or more free games on that machine, that (a) is used or intended to be used for any purpose other than selling merchandise or services; or (b) is used or intended to be used for the purpose of
selling merchandise or services if (i) the result of one of any number of operations of the machine is a matter of chance or uncertainty to the operator, (ii) as a result of a given number of successive operations by the operator, the machine produces different results, or (iii) on any operation of the machine, it discharges or emits a slug or token.
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18 The portion of subsection 215(2) of the Act before paragraph (a) is replaced by the following:
Offence (2) Every person commits an offence who, being under a
legal duty within the meaning of subsection (1), fails without lawful excuse to perform that duty, if 1992, c. 38, s. 1
19 (1) Section 273.1 of the Act is amended by
adding the following after subsection (1):
Consent (1.1) Consent must be present at the time the sexual activity in question takes place. Question of law (1.2) The question of whether no consent is obtained under subsection 265(3) or subsection (2) or (3) is a question of law. (2) The portion of subsection 273.1(2) of the Act
before paragraph (a) is replaced by the following: No consent obtained (2) For the purpose of subsection (1), no consent is obtained if
1992, c. 38, s. 1
(2.1) Paragraph 273.1(2)(b) of the Act is replaced
by the following: (a.1) the complainant is unconscious; (b) the complainant is incapable of consenting to the
activity for any reason other than the one referred to in paragraph (a.1); 1992, c. 38, s. 1
(3) Subsection 273.1(3) of the French version of
the Act is replaced by the following: Précision (3) Le paragraphe (2) n’a pas pour effet de limiter les circonstances dans lesquelles il n’y a pas de consentement de la part du plaignant. 1992, c. 38, s. 1
20 (1) Paragraph 273.2(a) of the English version
of the Act is replaced by the following:
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(a) the accused’s belief arose from (i) the accused’s self-induced intoxication, (ii) the accused’s recklessness or wilful blindness,
or (2) Paragraph 273.2(a) of the Act is amended by
adding the following after subparagraph (ii): (iii) any circumstance referred to in subsection 265(3) or 273.1(2) or (3) in which no consent is obtained; (3) Section 273.2 of the Act is amended by adding
“or” at the end of paragraph (b) and by adding the following after that paragraph: (c) there is no evidence that the complainant’s voluntary agreement to the activity was affirmatively expressed by words or actively expressed by conduct. 1992, c. 38, s. 2
21 (1) The portion of subsection 276(2) of the Act before paragraph (b) is replaced by the following:
Conditions for admissibility (2) In proceedings in respect of an offence referred to in subsection (1), evidence shall not be adduced by or on behalf of the accused that the complainant has engaged in sexual activity other than the sexual activity that forms the subject-matter of the charge, whether with the accused or with any other person, unless the judge, provincial court judge or justice determines, in accordance with the procedures set out in sections 278.93 and 278.94, that the evidence (a) is not being adduced for the purpose of supporting an inference described in subsection (1); 1992, c. 38, s. 2
(2) Paragraph 276(2)(c) of the Act is replaced by the following: (c) is of specific instances of sexual activity; and (d) has significant probative value that is not substantially outweighed by the danger of prejudice to the proper administration of justice. (3) Section 276 of the Act is amended by adding the following after subsection (3):
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Interpretation (4) For the purpose of this section, sexual activity includes any communication made for a sexual purpose or whose content is of a sexual nature.
1992, c. 38, s. 2; 2005, c. 32, s. 13
22 Sections 276.1 to 276.5 of the Act are repealed.
1997, c. 30, s. 1
23 Section 278.1 of the Act is replaced by the following: Definition of record 278.1 For the purposes of sections 278.2 to 278.92, record means any form of record that contains personal information for which there is a reasonable expectation of privacy and includes medical, psychiatric, therapeutic, counselling, education, employment, child welfare, adoption and social services records, personal journals and diaries, and records containing personal information the production or disclosure of which is protected by any other Act of Parliament or a provincial legislature, but does not include records made by persons responsible for the investigation or prosecution of the offence.
2015, c. 13, s. 6
24 Subsection 278.3(5) of the Act is replaced by
the following: Service of application and subpoena (5) The accused shall serve the application on the prosecutor, on the person who has possession or control of the record, on the complainant or witness, as the case may be, and on any other person to whom, to the knowledge of the accused, the record relates, at least 60 days before the hearing referred to in subsection 278.4(1) or any shorter interval that the judge may allow in the interests of justice. The accused shall also serve a subpoena issued under Part XXII in Form 16.1 on the person who has possession or control of the record at the same time as the application is served. 25 The Act is amended by adding the following after section 278.91:
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Admissibility — accused in possession of records relating to complainant 278.92 (1) Except in accordance with this section, no
record relating to a complainant that is in the possession or control of the accused — and which the accused intends to adduce — shall be admitted in evidence in any proceedings in respect of any of the following offences or in any proceedings in respect of two or more offences at least one of which is any of the following offences: (a) an offence under section 151, 152, 153, 153.1, 155, 160, 170, 171, 172, 173, 210, 211, 213, 271, 272, 273, 279.01, 279.011, 279.02, 279.03, 286.1, 286.2 or 286.3; or (b) any offence under this Act, as it read from time to
time before the day on which this paragraph comes into force, if the conduct alleged would be an offence referred to in paragraph (a) if it occurred on or after that day.
Requirements for admissibility (2) The evidence is inadmissible unless the judge, provincial court judge or justice determines, in accordance with the procedures set out in sections 278.93 and 278.94, (a) if the admissibility of the evidence is subject to section 276, that the evidence meets the conditions set out in subsection 276(2) while taking into account the factors set out in subsection (3); or (b) in any other case, that the evidence is relevant to an issue at trial and has significant probative value that is not substantially outweighed by the danger of prejudice to the proper administration of justice.
Factors that judge shall consider (3) In determining whether evidence is admissible under
subsection (2), the judge, provincial court judge or justice shall take into account (a) the interests of justice, including the right of the accused to make a full answer and defence; (b) society’s interest in encouraging the reporting of sexual assault offences; (c) society’s interest in encouraging the obtaining of treatment by complainants of sexual offences; (d) whether there is a reasonable prospect that the evidence will assist in arriving at a just determination in the case;
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(e) the need to remove from the fact-finding process
any discriminatory belief or bias; (f) the risk that the evidence may unduly arouse sentiments of prejudice, sympathy or hostility in the jury; (g) the potential prejudice to the complainant’s personal dignity and right of privacy; (h) the right of the complainant and of every individual to personal security and to the full protection and benefit of the law; and (i) any other factor that the judge, provincial court
judge or justice considers relevant. Application for hearing — sections 276 and 278.92 278.93 (1) Application may be made to the judge, provincial court judge or justice by or on behalf of the accused for a hearing under section 278.94 to determine whether evidence is admissible under subsection 276(2) or 278.92(2).
Form and content of application (2) An application referred to in subsection (1) must be made in writing, setting out detailed particulars of the evidence that the accused seeks to adduce and the relevance of that evidence to an issue at trial, and a copy of the application must be given to the prosecutor and to the clerk of the court.
Jury and public excluded (3) The judge, provincial court judge or justice shall consider the application with the jury and the public excluded. Judge may decide to hold hearing (4) If the judge, provincial court judge or justice is satisfied that the application was made in accordance with subsection (2), that a copy of the application was given to the prosecutor and to the clerk of the court at least seven days previously, or any shorter interval that the judge, provincial court judge or justice may allow in the interests of justice and that the evidence sought to be adduced is capable of being admissible under subsection 276(2), the judge, provincial court judge or justice shall grant the application and hold a hearing under section 278.94 to determine whether the evidence is admissible under subsection 276(2) or 278.92(2). Hearing — jury and public excluded 278.94 (1) The jury and the public shall be excluded
from a hearing to determine whether evidence is admissible under subsection 276(2) or 278.92(2).
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Complainant not compellable (2) The complainant is not a compellable witness at the hearing but may appear and make submissions.
Right to counsel (3) The judge shall, as soon as feasible, inform the complainant who participates in the hearing of their right to be represented by counsel.
Judge’s determination and reasons (4) At the conclusion of the hearing, the judge, provincial court judge or justice shall determine whether the evidence, or any part of it, is admissible under subsection 276(2) or 278.92(2) and shall provide reasons for that determination, and (a) if not all of the evidence is to be admitted, the reasons must state the part of the evidence that is to be admitted; (b) the reasons must state the factors referred to in
subsection 276(3) or 278.92(3) that affected the determination; and (c) if all or any part of the evidence is to be admitted,
the reasons must state the manner in which that evidence is expected to be relevant to an issue at trial. Record of reasons (5) The reasons provided under subsection (4) shall be entered in the record of the proceedings or, if the proceedings are not recorded, shall be provided in writing.
Publication prohibited 278.95 (1) A person shall not publish in any document, or broadcast or transmit in any way, any of the following: (a) the contents of an application made under subsection 278.93; (b) any evidence taken, the information given and the
representations made at an application under section 278.93 or at a hearing under section 278.94; (c) the decision of a judge or justice under subsection 278.93(4), unless the judge or justice, after taking into account the complainant’s right of privacy and the interests of justice, orders that the decision may be published, broadcast or transmitted; and (d) the determination made and the reasons provided under subsection 278.94(4), unless
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(i) that determination is that evidence is admissible, or (ii) the judge or justice, after taking into account the complainant’s right of privacy and the interests of justice, orders that the determination and reasons may be published, broadcast or transmitted.
Offence (2) Every person who contravenes subsection (1) is guilty of an offence punishable on summary conviction.
Judge to instruct jury — re use of evidence 278.96 If evidence is admitted at trial on the basis of a
determination made under subsection 278.94(4), the judge shall instruct the jury as to the uses that the jury may and may not make of that evidence. Appeal 278.97 For the purposes of sections 675 and 676, a determination made under subsection 278.94(4) shall be deemed to be a question of law. 26 Subsection 279(3) of the Act is repealed.
R.S., c. 27 (1st Supp.), s. 40(1)
27 Subsection 279.1(3) of the Act is repealed.
28 Section 288 of the Act is repealed. 29 (1) The portion of section 294 of the English version of the Act before paragraph (a) is replaced by the following:
Pretending to solemnize marriage 294 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years who (2) Paragraph 294(a) of the Act is replaced by the
following: (a) solemnizes or pretends to solemnize a marriage
without lawful authority; or (3) The portion of section 294 of the English version of the Act after paragraph (b) is repealed.
30 Section 296 of the Act and the heading before it are repealed.
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31 Paragraph 299(c) of the Act is replaced by the
following: (c) shows or delivers it, or causes it to be shown or delivered, with intent that it should be read or seen by any person other than the person whom it defames. 2014, c. 31, s. 15
32 The portion of subsection 327(1) of the Act before paragraph (a) is replaced by the following:
Possession of device to obtain use of telecommunication facility or service 327 (1) Every person who, without lawful excuse, makes, possesses, sells, offers for sale, imports, obtains for use, distributes or makes available a device that is designed or adapted primarily to use a telecommunication facility or obtain a telecommunication service without payment of a lawful charge, knowing that the device has been used or is intended to be used for that purpose, is
33 Section 337 of the Act is repealed. 2014, c. 31, s. 17(1)
34 The portion of subsection 342.2(1) of the Act
before paragraph (a) is replaced by the following: Possession of device to obtain unauthorized use of computer system or to commit mischief 342.2 (1) Every person who, without lawful excuse, makes, possesses, sells, offers for sale, imports, obtains for use, distributes or makes available a device that is designed or adapted primarily to commit an offence under section 342.1 or 430, knowing that the device has been used or is intended to be used to commit such an offence, is 1997, c. 18, s. 21
35 Subsection 349(1) of the Act is replaced by the following:
Being unlawfully in dwelling-house 349 (1) Every person who, without lawful excuse, enters
or is in a dwelling-house with intent to commit an indictable offence in it is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years or of an offence punishable on summary conviction.
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Chapter 29: An Act to amend the Criminal Code and the Department of Justice Act and to make consequential amendments to another Act Criminal Code Sections 36-41
36 Subparagraph 350(b)(ii) of the Act is replaced
by the following: (ii) he entered without lawful justification or excuse by a permanent or temporary opening.
2008, c. 18, s. 9
37 The portion of subsection 351(1) of the Act before paragraph (a) is replaced by the following:
Possession of break-in instrument 351 (1) Every person who, without lawful excuse, has in their possession any instrument suitable for the purpose of breaking into any place, motor vehicle, vault or safe knowing that the instrument has been used or is intended to be used for that purpose, 38 Section 352 of the Act is replaced by the following: Possession of instruments for breaking into coinoperated or currency exchange devices 352 Every person who, without lawful excuse, has in their possession any instrument suitable for the purpose of breaking into a coin-operated device or a currency exchange device, knowing that the instrument has been used or is intended to be used for that purpose, is guilty of an indictable offence and liable to imprisonment for a term of not more than two years. 39 The portion of subsection 354(2) of the Act before paragraph (a) is replaced by the following:
Obliterated vehicle identification number (2) In proceedings in respect of an offence under subsection (1), evidence that a person has in their possession a motor vehicle the vehicle identification number of which has been wholly or partially removed or obliterated or a part of a motor vehicle being a part bearing a vehicle identification number that has been wholly or partially removed or obliterated is, in the absence of any evidence to the contrary, proof that the motor vehicle or part, as the case may be, was obtained, R.S., c. 27 (1st Supp.), s. 51
40 Sections 359 and 360 of the Act are repealed.
41 Section 365 of the Act is repealed.
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Chapter 29: An Act to amend the Criminal Code and the Department of Justice Act and to make consequential amendments to another Act Criminal Code Sections 42-46
2014, c. 31, s. 18
42 Sections 370 and 371 of the Act are repealed.
43 (1) The portion of subsection 376(1) of the English version of the Act before paragraph (a) is replaced by the following:
Counterfeiting stamp, etc. 376 (1) Every person is guilty of an indictable offence
and liable to imprisonment for a term of not more than 14 years who (2) The portion of paragraph 376(1)(b) of the Act
before subparagraph (i) is replaced by the following: (b) knowingly and without lawful excuse has in their
possession (3) Paragraph 376(1)(c) of the Act is replaced by the following: (c) without lawful excuse makes or knowingly has in their possession a die or instrument that is capable of making the impression of a stamp or part of a stamp.
(4) The portion of subsection 376(1) of the English version of the Act after paragraph (c) is repealed.
43.1 Section 379 of the Act is replaced by the following: Definition of goods 379 In this Part, goods means anything that is the subject of trade or commerce. 44 Section 402 of the Act is repealed. 2009, c. 28, s. 10
45 Subsection 402.2(1) of the Act is replaced by
the following: Identity theft 402.2 (1) Every person commits an offence who obtains or possesses another person’s identity information with intent to use it to commit an indictable offence that includes fraud, deceit or falsehood as an element of the offence. 46 Sections 404 and 405 of the Act are replaced by
the following:
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Chapter 29: An Act to amend the Criminal Code and the Department of Justice Act and to make consequential amendments to another Act Criminal Code Sections 46-50
Acknowledging instrument in false name 405 Every person who, without lawful authority or excuse, acknowledges, in the name of another person before a court or a judge or other person authorized to receive the acknowledgment, a recognizance of bail, a confession of judgment, a consent to judgment or a judgment, deed or other instrument is guilty of an indictable offence and liable to imprisonment for a term of not more than five years. 47 Section 413 of the Act is repealed. 48 (1) The portion of subsection 417(1) of the English version of the Act before paragraph (a) is replaced by the following: Applying or removing marks without authority 417 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years who, (2) Paragraph 417(1)(a) of the Act is replaced by
the following: (a) without lawful authority applies a distinguishing
mark to anything, or (3) The portion of subsection 417(1) of the English
version of the Act after paragraph (b) is repealed. (4) The portion of subsection 417(2) of the Act before paragraph (a) is replaced by the following:
Unlawful transactions in public stores (2) Every person who, without lawful authority, receives,
possesses, keeps, sells or delivers public stores that they know bear a distinguishing mark is guilty of 49 (1) The portion of section 419 of the Act before
paragraph (a) is replaced by the following:
Unlawful use of military uniforms or certificates 419 Every person is guilty of an offence punishable on summary conviction who, without lawful authority,
(2) The portion of section 419 of the Act after paragraph (d) is repealed. 50 Section 427 of the Act and the heading before
it are repealed.
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Chapter 29: An Act to amend the Criminal Code and the Department of Justice Act and to make consequential amendments to another Act Criminal Code Sections 51-55
51 Subsection 429(2) of the Act is replaced by the following:
Colour of right (2) A person shall not be convicted of an offence under sections 430 to 446 if they act with legal justification or excuse or colour of right.
2008, c. 12, s. 1
52 Section 444 of the Act and the heading before it are replaced by the following:
Animals 2008, c. 12, s. 1
53 Paragraphs 445(1)(a) and (b) of the Act are replaced by the following: (a) kills, maims, wounds, poisons or injures dogs, birds or animals that are kept for a lawful purpose; or (b) places poison in such a position that it may easily
be consumed by dogs, birds or animals that are kept for a lawful purpose.
2008, c. 12, s. 1
54 The portion of subsection 447.1(1) of the Act before paragraph (a) is replaced by the following:
Order of prohibition or restitution 447.1 (1) The court may, in addition to any other sentence that it may impose under subsection 445(2), 445.1(2), 446(2) or 447(2), 55 Section 450 of the Act is replaced by the following: Possession, etc., of counterfeit money 450 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years who, without lawful justification or excuse, (a) buys, receives or offers to buy or receive counterfeit money; (b) has in their custody or possession counterfeit
money; or (c) introduces counterfeit money into Canada.
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Chapter 29: An Act to amend the Criminal Code and the Department of Justice Act and to make consequential amendments to another Act Criminal Code Sections 56-59
56 (1) The portion of section 451 of the Act before paragraph (a) is replaced by the following:
Having clippings, etc. 451 Every person is guilty of an indictable offence and
liable to imprisonment for a term of not more than five years who, without lawful justification or excuse, has in their custody or possession, knowing that it has been produced or obtained by impairing, diminishing or lightening a current gold or silver coin, (2) The portion of section 451 of the Act after paragraph (c) is repealed. 57 (1) The portion of section 452 of the Act before
paragraph (a) is replaced by the following:
Uttering, etc., counterfeit money 452 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years who, without lawful justification or excuse, (2) The portion of section 452 of the English version of the Act after paragraph (b) is repealed.
58 Section 454 of the Act is replaced by the following: Slugs and tokens 454 Every person is guilty of an offence punishable on
summary conviction who, without lawful excuse, manufactures, produces, sells or has in their possession anything that is intended to be fraudulently used in substitution for a coin or token of value that any coin or tokenoperated device is designed to receive.
59 Section 458 of the Act is replaced by the following: Making, having or dealing in instruments for counterfeiting 458 Every person who, without lawful justification or excuse, makes, repairs, buys, sells or has in their custody or possession any machine, engine, tool, instrument, material or other thing that they know has been used or is adapted and intended for use in making counterfeit money or counterfeit tokens of value, is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years.
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Chapter 29: An Act to amend the Criminal Code and the Department of Justice Act and to make consequential amendments to another Act Criminal Code Sections 60-65
60 (1) The portion of section 459 of the Act before paragraph (a) is replaced by the following:
Conveying instruments for coining out of mint 459 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years who, without lawful justification or excuse, knowingly conveys out of any of Her Majesty’s mints in Canada, (2) The portion of section 459 of the English version of the Act after paragraph (c) is repealed.
R.S., c. 27 (1st Supp.), s. 62(1)
61 Subparagraph 469(a)(ii) of the Act is repealed.
62 Subsection 517(2) of the Act is replaced by the following:
Failure to comply (2) Every person who fails, without lawful excuse, to comply with an order made under subsection (1) is guilty of an offence punishable on summary conviction.
63 Subsection 581(4) of the Act is replaced by the following:
Indictment for treason (4) If an accused is charged with an offence under section 47 or sections 50 to 53, every overt act that is to be relied on shall be stated in the indictment. 64 Subsection 584(1) of the Act is replaced by the
following: Sufficiency of count charging libel 584 (1) No count for publishing a seditious or defamatory libel, or for selling or exhibiting an obscene book, pamphlet, newspaper or other written matter, is insufficient by reason only that it does not set out the words that are alleged to be libellous or the writing that is alleged to be obscene. 65 Subsection 601(9) of the Act is replaced by the
following: Limitation (9) The authority of a court to amend indictments does not authorize the court to add to the overt acts stated in
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Chapter 29: An Act to amend the Criminal Code and the Department of Justice Act and to make consequential amendments to another Act Criminal Code Sections 65-70
an indictment for high treason or treason or for an offence against any provision in sections 50, 51 and 53. 2009, c. 29, s. 3
66 Subsection 719(3.1) of the Act is replaced by
the following: Exception (3.1) Despite subsection (3), if the circumstances justify it, the maximum is one and one-half days for each day spent in custody. 2008, c. 18, s. 42
67 The portion of subsection 743.21(2) of the Act before paragraph (a) is replaced by the following:
Failure to comply with order (2) Every person who fails, without lawful excuse, to comply with the order 68 Subsection 794(2) of the Act is repealed.
69 (1) The portion of subsection 145(4) before
paragraph (a) set out in Form 6 of Part XXVIII of the Act is replaced by the following: (4) Every person who is served with a summons and who fails, without lawful excuse, to appear at the time and place stated in it for the purposes of the Identification of Criminals Act or to attend court in accordance with it, is guilty of (2) The portion of subsection 145(4) after paragraph (b) set out in Form 6 of Part XXVIII of the French version of the Act is repealed. 70 (1) The portion of subsection 145(5) before
paragraph (a) set out in Forms 9 to 11 of Part XXVIII of the Act is replaced by the following: (5) Every person who is named in an appearance notice
or promise to appear, or in a recognizance entered into before an officer in charge or another peace officer, that has been confirmed by a justice under section 508 and who fails, without lawful excuse, to appear at the time and place stated in it for the purposes of the Identification of Criminals Act, or to attend court in accordance with it, is guilty of
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Chapter 29: An Act to amend the Criminal Code and the Department of Justice Act and to make consequential amendments to another Act Criminal Code Sections 70-73
(2) The portion of subsection 145(5) after paragraph (b) set out in Forms 9 to 11 of Part XXVIII of the French version of the Act is repealed.
71 The portion of subsection 145(5.1) before paragraph (a) set out in Form 11.1 of Part XXVIII of the Act is replaced by the following: (5.1) Every person who, without lawful excuse, fails to comply with any condition of an undertaking entered into under subsection 499(2) or 503(2.1) 72 Subsection 145(2) set out in Form 12 of Part
XXVIII of the Act is replaced by the following: (2) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who, (a) being at large on their undertaking or recognizance given to or entered into before a justice or judge, fails, without lawful excuse, to attend court in accordance with the undertaking or recognizance, or (b) having appeared before a court, justice or judge, fails, without lawful excuse, to attend court as subsequently required by the court, justice or judge or to surrender themselves in accordance with an order of the court, justice or judge, as the case may be.
R.S., c. J-2
Department of Justice Act 73 The Department of Justice Act is amended by
adding the following after section 4.1:
Charter statement 4.2 (1) The Minister shall, for every Bill introduced in or
presented to either House of Parliament by a minister or other representative of the Crown, cause to be tabled, in the House in which the Bill originates, a statement that sets out potential effects of the Bill on the rights and freedoms that are guaranteed by the Canadian Charter of Rights and Freedoms.
Purpose (2) The purpose of the statement is to inform members of the Senate and the House of Commons as well as the public of those potential effects.
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Chapter 29: An Act to amend the Criminal Code and the Department of Justice Act and to make consequential amendments to another Act Transitional Provisions Sections 74-78
Transitional Provisions Hearing — subsection 278.3(5) 74 Subsection 278.3(5) of the Criminal Code, as
that subsection read immediately before the day on which section 24 comes into force, continues to apply in respect of any hearing referred to in that subsection that takes place on that day or within 60 days after that day. Department of Justice Act 75 Section 4.2 of the Department of Justice Act applies only with respect to a Bill introduced in or presented to either House of Parliament on or after the day on which section 73 comes into force.
Consequential Amendments R.S., c. C-47
Criminal Records Act 2010, c. 5, s. 9
76 Subparagraph 2(a)(iv) of Schedule 1 to the Criminal Records Act is replaced by the following: (iv) subsection 163(1) (obscene materials), 2012, c. 1, s. 134
77 Subparagraph 1(a)(iv) of Schedule 2 to the Act
is replaced by the following: (iv) subsection 163(1) (obscene materials),
Coordinating Amendments 2014, c. 20
78 (1) In this section, other Act means the Economic Action Plan 2014 Act, No. 1. (2) On the first day on which both section 17 of this Act is in force and subsection 29(3) of the other Act has produced its effects, subparagraph (a)(ii) of the definition casino in section 244.1 of the Income Tax Act is replaced by the following: (ii) in any other permanent establishment, conducts and manages games that are operated on or through a slot machine, as defined in subsection 207(4.01) of that Act, or any other similar electronic
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Chapter 29: An Act to amend the Criminal Code and the Department of Justice Act and to make consequential amendments to another Act Coordinating Amendments Sections 78-80
gaming device, if there are more than 50 of those machines or other devices in the establishment; (3) On the first day on which both section 17 of this Act and subsection 256(3) of the other Act are in force, subparagraph 5(k)(ii) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act is replaced by the following: (ii) in any other permanent establishment, conducts and manages games that are operated on or through a slot machine, as defined in subsection 207(4.01) of the Criminal Code, or any other similar electronic gaming device, if there are more than 50 of those machines or other devices in the establishment; Bill C-39
79 (1) Subsections (2) and (3) apply if Bill C-39, introduced in the 1st session of the 42nd Parliament and entitled An Act to amend the Criminal Code (unconstitutional provisions) and to make consequential amendments to other Acts (in this section referred to as the other Act), receives royal assent. (2) If section 66 of this Act comes into force before section 20 of the other Act, then that section 20 is repealed. (3) If section 66 of this Act comes into force on
the same day as section 20 of the other Act, then that section 20 is deemed never to have come into force and is repealed. Bill C-337
80 (1) Subsection (2) applies if Bill C-337, introduced in the 1st session of the 42nd Parliament and entitled the Judicial Accountability through Sexual Assault Law Training Act (in this section referred to as the other Act), receives royal assent. (2) On the first day on which both section 25 of this Act and section 5 of the other Act are in force, section 278.92 of the Criminal Code, as enacted by section 5 of the other Act, is renumbered as section 278.98 and is repositioned accordingly.
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Chapter 29: An Act to amend the Criminal Code and the Department of Justice Act and to make consequential amendments to another Act Coming into Force Section 81
Coming into Force First anniversary 81 Sections 73 and 75 come into force on the first anniversary of the day on which this Act receives royal assent.
Published under authority of the Speaker of the House of Commons 2015-2016-2017-2018
Disponible sur le site Web de la Chambre des comm
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